Outdoor Dining
The City of Clayton has become a restaurant destination for not only residents and employees of Clayton businesses, but also for restaurant patrons throughout the St. Louis Metropolitan Area. The City is currently home to over 60 eating establishments, which provide dining services and opportunities unequaled in the area. Among the most prevalent opportunities is the availability and variety of dining in Clayton. The restaurant experience in Clayton provides every type and cost range of dining, both at lunch and dinner.
The implementation of the outdoor dining concept has had a positive impact on the dining customers, participating restaurants and the City of Clayton. The outdoor dining experience in Clayton has resulted in a sense of excitement, allowing diners the chance to enjoy the weather and watch the pedestrian traffic while being provided customary restaurant services.
The restaurants have benefited by the expanded square footage and very visible image. The City of Clayton has also benefited from outdoor dining by increased tax dollars generated from the additional restaurant business and the overall ambiance associated with outdoor dining.
In April of 1996, the City established standards for outdoor seating designed to reflect the quality of Clayton. Based upon continued experience with the outdoor dining/seating concept, the City recognizes the need to maintain the standards which protect the high quality environment associated with Clayton dining establishments.
General Stipulations
The following standards address general provisions governing the placement of outdoor dining establishments,
particularly, but not limited to, situations in which the restaurant is using public right-of-way or located on the sidewalk fronting the establishment.
- The sidewalk dining area must be located beginning at the property line and expanding into the sidewalk area fronting the applicant's business. The allowable size of the sidewalk area will be determined by the following factors:
- The width of the sidewalk
- The level of existing or anticipated peak hour pedestrian congestion
- The existing neighborhood and the homogeneity of outdoor dining to the neighborhood character
- The width of the sidewalk to allow a minimum of 4 foot pedestrian clearance (free of all obstacles including but not limited to tree wells, fire hydrants and news boxes for a clear path of travel). This 4 foot clearance must be maintained on the sidewalk at all times.
- Sidewalk dining areas may not intrude on pedestrian "clear zones" at corners. Sidewalk dining areas must also not interfere with curbs, ramps or driveways. Restaurants located on corners may not encroach into the "bum out" area.
- No element of the proposed installation may interfere with access to any building. This includes all means of ingress/egress. No element of outdoor dining can be placed below a fire escape, stairwell or balcony.
- A sufficient number of trash containers must be placed no more than 6 inches from the building's front facade and must be readily accessible to patrons. Full service outdoor dining establishments are not required to provide outside receptacles; however, food trays or carts, receptacles for dirty dishes, trays or carts for utensils and also cooking appliances shall not be placed or stored on any portion of the outdoor dining area.
- No service stations may be placed on any part of the outdoor dining area.
- All outdoor dining establishments or portions fronting a public right-of-way must have a pedestrian barrier enclosing the outdoor area except for the ingress/egress to the restaurant. No part of any table or chair may extend beyond the pedestrian barrier. It is the responsibility of the permittee to assure that all restaurant related activity remain within the pedestrian barrier. The requirement for pedestrian barriers on private property will be considered on a case-by-case basis.
Outdoor Dining Season
The regular outdoor dining season concludes on December 21st and does not resume until March 1st of the following year. However, those restaurants with outdoor dining located on private property (i.e. not on the City's sidewalk) may apply for year-round outdoor dining. Approval of year-round outdoor dining is made through the annual outdoor dining permit.
The following conditions will apply:
- Furniture is not to be stacked or stored on the exterior of the building when not in use.
- Furniture must be kept in good condition; periodic inspections by the City will be made.
- Full-year dining is not permitted for restaurants located on the City's right-of-way.
However, during the off-season on days when the temperature exceeds 50 degrees Fahrenheit, outdoor dining will be permitted for restaurants located on the public right-of-way with a current outdoor dining permit.
The following conditions will apply:
- Outdoor dining furniture and barriers must be stored during the off-season while not in use.
- Barriers and furniture may not be stored or stacked on the exterior of the building.
- Portable propane heaters will not be permitted on City of Clayton right-of-way. Other heaters must be reviewed as part of the Outdoor Dining Permit and receive Fire Department approval.
Additionally, restaurants desiring outdoor dining on a Friday or Saturday evening during the off-season may request permission from the City Manager based upon the above stipulations and conditions of the existing Outdoor Dining Permit.
Standards
While the City realizes that each type of outdoor dining fulfills a different purpose, it is still necessary to establish standards that are to be maintained by all participating establishments to assure the continued quality of the Clayton outdoor dining experience. The following are specific standards related to the material and designing of furniture, pedestrian barriers and landscaping:
Furniture
Clayton, in its attempt to maintain a high quality environment, requires that excellent materials be used in the public view. While no "look" is being proposed or required, the quality level will not be compromised, Outdoor dining furniture materials are limited to the following: cast iron, wrought iron, expanded steel, wire steel, cast aluminum, extruded aluminum, wood and resin*.
*No white resin furniture will be permitted.
Umbrellas
Umbrellas are a unique opportunity to add color, vibrancy and "life" to an outdoor environment. Clayton allows the use of umbrellas in the outdoor dining environment under the following conditions:
- No advertising on umbrellas is allowed
- Flame retardant fabric
- Color fast fabric
- An infinitely adjustable tilt position
- Positive brake on crank lift
- Anti-fly back feature
- Top pole rotates to at least 8 locking positions
- Seamless and drawn 1 1/2" diameter anodized aluminum pole sections
- Zinc coated heavy gauge ribs
- Umbrellas may not encroach over the pedestrian barrier or onto the right-of-way
Pedestrian Barriers
Outdoor dining must be separated from the right-of-way, both for the privacy of the patron and the unimpeded flow of pedestrian traffic.
Separation can be accomplished on private property by sufficient setback from public right-of-way, by a change in elevation, the placement of a non-permanent railing or all of these methods.
All separation elements must be maintained to reflect the high quality of the outdoor dining experience in Clayton. Railings and fences must be made of durable material, properly secured and weatherproof. Paint must be kept free of fading, chips and rust.
Pedestrian barriers must meet all of the following specific standards:
- Pedestrian barriers must be sturdy and stable. They must have sufficient weight so that they cannot tip over or be blown over.
- Pedestrian barriers must not be permanently attached to the sidewalk.
- Pedestrian barriers must be at least 30 inches height to prevent tripping hazards.
- Pedestrian barriers may not have any legs or supports that protrude into the public right-of-way.
- Pedestrian barriers must be kept free of graffiti, litter and other debris.
- Pedestrian barriers must be removed between December 22nd and February 28th of each year.
Plants
It is imperative that plants are maintained in a healthy manner and arranged for the best visual impact. Only live plant material can be used which should be attractive and compatible with the outdoor dining experience. Diseased or dead plant material must be replaced with new plants immediately to assure that the quality of outdoor dining is preserved. The use of planters as pedestrian barriers is prohibited.
Trash Receptacles
Trash receptacles must be completely enclosed and made of the following materials: steel, metal alloy, wood or a combination thereof.
A sufficient number of refuse containers must be placed no more than 6 inches from the face of the building and be readily accessible to patrons. Trash must never be allowed to overflow the container.
Outdoor Dining Area Maintenance
As important as the initial design and material is the continued maintenance of all the elements of the outdoor dining area.
Replacement materials need to be consistent with other items already displayed. All outdoor dining items including furniture, awnings, pedestrian barriers and refuse containers must be maintained in good state of repair and cleanliness.
The permittee shall keep the outdoor dining areas and adjacent sidewalks clean and free of obstructions and refuse at all times.
The Planning and Development Services Department will conduct inspections to assure compliance with the provisions of these standards. Restaurant owners will be expected to comply with the corrections required in a timely manner. Failure to comply with or any continued infraction of any of these standards can result in the revocation, suspension and/or non-renewal of the Outdoor Dining Permit as described below.
Annual Permit Process
In an effort to assure these standards are maintained without impacting the overall operation of the restaurant, the City of Clayton has established an Outdoor Dining Permit process. This process requires that all participating restaurants, including all restaurants currently approved for outdoor dining per a Conditional Use Permit (CUP) shall, whether utilizing private or public property for outdoor dining purposes, apply and be approved for said permit before the start of the outdoor dining season. A separate permit application will require specific submissions and will assure that all restaurants meet the standards as established by this document. The permit is renewable by the City on an annual basis. If the City chooses not to renew the permit, then a notice will be sent by February 1st of the outdoor dining season stating the denial and reasons therefore.
City staff will review all permit applications and supporting materials for conformance with the foregoing standards and aesthetic impact, and inform the applicant of any deficiencies and measures to correct. The staff has the discretion to require Architectural Review Board approval of any or all applications for permit. Any restaurant denied an Outdoor Dining Permit by staff may also appeal to the Architectural Review Board via an Architectural Review Board application.
No restaurant may begin outdoor dining without a permit.
