[R.O. 2009 § 448.010; Ord. No. 3854, 9-27-2018]
A.
It is the purpose of this Section to provide reasonable minimum standards for the permitted Accessory Use of Outdoor Dining, as defined under Section 400.030 of this Code, to control and limit any adverse impact on pedestrian traffic and other uses on the Lot and adjoining properties. Outdoor Dining may be permitted by Special Use Permit under the provisions of Section 410.080.
B.
Standards, Criteria, And Conditions. In
addition to any conditions established by the City under the Special
Use Permit, the following standards, criteria, and conditions shall
apply to the establishment and operation of Outdoor Dining:
1.
Outdoor Dining areas must be located
on the same Lot and adjacent to the establishment in which it is related.
2.
Outdoor Dining areas must be located within the required Setback of the Lot in which it is located, or as otherwise provided in Section 430.230. Additionally, Outdoor Dining areas shall not be located within five (5) feet of any Lot Line.
3.
Outdoor Dining areas shall allow
a free flow of pedestrian access and shall not have a negative impact
on traffic flow or any adjacent parking areas or establishments.
4.
All tables, chairs, umbrellas, and
other permissible objects provided shall be maintained with a clean
appearance and shall be in good repair.
5.
Outdoor Dining areas shall be maintained
in a neat and orderly appearance, clear of litter and debris, and
provisions shall be made for adequate trash control on-site.
6.
No tables, chairs, or any other parts
of the Outdoor Dining area shall be attached, chained, or in any manner
affixed to any tree, post, sign, or other fixture, curb, or sidewalk
in or near the permitted area.
7.
Outdoor Dining seating shall be included
when determining the Off-Street Parking requirements for the related
establishment.
8.
The outdoor storage of dishes, silverware,
or other Outdoor Dining equipment, other than tables and chairs, shall
only be allowed during hours of operation.
9.
Times of operation, including hours
and days of operation and/or seasonal operations, shall be determined
by the City in conjunction with the Special Use Permit.
10.
The Commission and Board may require
bollards, Fencing, and/or landscaping around the Outdoor Dining when
it is deemed necessary to provide a Buffer Area for adjacent uses
and/or safety and welfare of the Outdoor Dining patrons.
11.
No live entertainment, speakers,
televisions, or other audio admitting devices shall be permitted in
the Outdoor Dining area unless otherwise approved by the City under
the Special Use Permit.
12.
Lighting of the Outdoor Dining area
shall not disturb any adjacent establishment, property, or Street.
C.
Temporary Expanded Outdoor Dining. Whenever
a public health order issued and in effect by the St. Louis County
Department of Public Health or other entity with jurisdiction directs
that all Restaurants in the City are to cease or limit indoor food
service and/or limit their services to only Outdoor Dining, carry-out,
and delivery, the following process shall apply:
[Ord. No. 4093, 2-25-2021]
1.
Restaurants may apply to the Director
for a temporary Expanded Outdoor Dining permit and the Director is
authorized to issue such a permit for the operation of an Outdoor
Dining area for up to ninety (90) days at a time, if the Director
finds based on the information within the application that the public
health, safety, and general welfare will be maintained. The Director
may also allow such Outdoor Dining to expand into required Off-Street
Parking Spaces if all required Drive Aisles, traffic flow, and public
safety can be maintained in the reasonable discretion of the Director.
The application should contain at minimum:
a.
Detailed Site Plan clearly identifying,
at a minimum, the boundaries of the area to be used for outdoor seating,
the proposed layout of the seating, pedestrian access areas, adjustments
to Off-Street Parking Spaces (including exact number of spaces to
be used), Drive Aisles, safety barriers, and any proposed canopy or
other weather protections for customers;
b.
A clear and specific explanation
of all customer safety measures such as temporary bollards, barriers,
planters, etc. intended to be used;
c.
Proposed lighting and heating arrangements,
if any; and
d.
Any other information reasonably
requested by the Director to determine compliance with this Section
and overall protection of the general welfare and safety.
2.
The permit shall contain such conditions
as are deemed necessary for the protection of the health, safety,
and general welfare including specifically pedestrian and vehicle
traffic safety and mitigation of any effect on adjacent Properties,
and the Director may require such assurance or guarantee of compliance
with such conditions as is reasonable and appropriate under the circumstances.
3.
An application that the Director
determines does not fully satisfy the criteria for issuance may be
approved by the Board after review and report by the Director. The
temporary permit application may be granted, denied, or made subject
to conditions that the Board deems reasonably necessary to protect
the public health, safety, and general welfare.
4.
If approved, certain building permits
and/or approval from other entities, including but not limited to
the St. Louis County Health Department, may be necessary depending
on the scope of the plans submitted.
5.
Nothing shall prevent the Director
from issuing a new temporary Expanded Outdoor Dining permit for the
same Lot upon application in accordance with this Section.
