[Ord. No. 1076 §§1 — 7, 1-27-1987; Ord. No. 1345 §1(12000), 11-13-1989]
A. 
This district is intended to permit some commercial developments subject to regulations which will insure that a suburban character is preserved to the maximum extent possible.
B. 
The purpose of this Chapter is to indicate which land uses may be located in this district and which uses may not be located therein. A further distinction is made between uses which are permitted only upon obtaining a conditional use permit.
[Ord. No. 1076 §§1 — 7, 1-27-1987; Ord. No. 1345 §1(12110), 11-13-1989; Ord. No. 2447 §3, 3-28-2000; Ord. No. 3340 §1, 5-28-2008]
A. 
The following uses are permitted in the Commercial "C" Districts:
1. 
Farms and orchards.
2. 
Flagpoles within the front yard setback.
3. 
Offices. Office uses include business or professional offices, but not medical offices, clinics or kennels.
4. 
Outdoor recreational uses which include areas for not-for-profit recreational activities limited to picnicking, jogging, cycling, totlots and areas for cycling, hiking, nature areas, parks, playfields, playgrounds, outdoor swimming pools, tennis courts, and wildlife sanctuaries.
5. 
Parks, public or private, playfields and playgrounds.
6. 
Public buildings and facilities which are owned or leased by the City.
7. 
Commercial retail. These uses include both retail uses and personal services including: Brokers, banks (and other financial institutions), barbershops, blueprint and photostat stores, private indoor clubs, commercial or trade schools (e.g., dance studios, cooking and sewing schools), computer and data processing, nurseries and garden centers (provided all sales on premises are retail), grocery stores and supermarkets (excluding convenience stores), hairdressers, ice cream stores, laundries and/or dry cleaners, light mechanical repair stores (e.g., watch, camera, bicycle, TV), stores selling liquor, beer, or soft drinks, lodges for fraternal orders, retail sales or stores, service businesses or stores (e.g., catering, duplicating, photography, shoe repair, tailoring, travel agency, upholstering), shopping centers, theaters and auditoriums (indoor), upholstery stores, furniture stores and post offices.
8. 
Major shopping center.
9. 
Minor shopping center.
[Ord. No. 4039 § 2, 11-28-2016[1]]
[1]
Editor's Note: Section 2 also renumbered Subsections (A)(9) — (10) to (A)(10 — (11), respectively.
10. 
Medical offices or clinics located in a structure greater than one (1) story where the medical office or clinic has no direct outside access.
11. 
Restaurants, provided they meet the following standards:
a. 
All loading and unloading of food stuffs shall be via the building loading and service entrance.
b. 
All trash, debris and discarded food shall be contained in covered receptacles in an enclosed trash pickup area.
c. 
All other ordinances of the City of Town and Country shall be observed and complied with in connection with the restaurant and failure to do so shall be cause for revocation of any applicable City licenses and/or permits.
d. 
Applicable licenses and permits shall be non-transferable and non-assignable.
e. 
The owner and/or operator of any restaurant shall provide the following information to the City for review and approval by the Board of Aldermen before an occupancy permit for the restaurant can be issued by the City: name and address of owner and/or operator of the restaurant; hours of operation; type of restaurant service; area of restaurant interior; location and address of restaurant shown on a plan.
B. 
In addition to and only when incidental to a permitted use authorized in this district, the following are also permitted:
1. 
Signs and fences.
2. 
Satellite earth stations less than two (2) meters in diameter.
[Ord. No. 1076 §§1 — 7, 1-27-1987; Ord. No. 1345 §1(12120), 11-13-1989; Ord. No. 2311, 2-22-1999; Ord. No. 2447 §7, 3-28-2000; Ord. No. 3340 §2, 5-28-2008]
A. 
The following uses are permitted as conditional uses in the Commercial "C" Zoning Districts, if approved pursuant to the regulations of this Chapter concerning conditional uses and in accordance with the standards and procedures of Article VI (Sections 405.180 — 405.220) and Article VIII (Sections 405.310 — 405.350) of this Chapter.
1. 
Telecommunication facilities as provided in Section 405.220 of this Chapter.
2. 
Automobile car washes.
3. 
Day care centers when located on a lot of at least two (2) acres.
4. 
Gasoline service stations.
5. 
Industrial uses on land which present industrial user owned as of January 1, 1986.
6. 
Medical offices or clinics where the medical office or clinic has direct outside access.
7. 
Nurseries.
8. 
Private clubs.
9. 
Public utility facilities.
10. 
Ground-mounted solar energy systems, and roof-mounted solar energy systems that are mounted either on the front of the roof or on the side of the roof facing a street.
[Ord. No. 3759 §2, 8-26-2013]
11. 
Accessory uses, buildings and structures provided such is clearly customarily incidental and subordinate to and only in conjunction with the use specified in Sections 405.625 and 405.630 hereof, and already approved for the premises.
12. 
Nursing homes.
13. 
Residential or outpatient facilities for treatment of alcohol and other drug abuse, provided each such residential or outpatient facility is located on a lot of at least two (2) acres.
14. 
Outside dining.
15. 
Satellite earth stations equal to or greater than two (2) meters in diameter, as provided in Section 405.225 of this Chapter.
16. 
Medical Marijuana Dispensary Facility, as provided in Section 405.227 of this Chapter.
[Ord. No. 4299, 8-12-2019]
17. 
Day-care, pet.
[Ord. No. 4399, 12-14-2020]
18. 
Hospital, when located on a lot a minimum of six (6) acres and a maximum of eight (8) acres in size and not located in, or bordering on, without being separated by public right-of-way, an existing commercial retail center.
[Ord. No. 4514, 6-27-2022]
19. 
Comprehensive Marijuana Dispensary Facility, as provided in Section 405.227 of this Chapter.
[Ord. No. 4581, 7-24-2023]
[Ord. No. 1076 §§1 — 7, 1-27-1987; Ord. No. 1345 §1(12130), 11-13-1989; Ord. No. 2199 §§2 — 3, 5-11-1998]
A. 
Authorization. Temporary uses are permitted only as expressly provided in this Section and shall comply with the requirements of Section 405.240.
B. 
Permit Required. No temporary use shall be established unless an occupancy permit evidencing the compliance of such use with the applicable provisions of this Chapter shall have first been issued, as provided in Section 405.240.
C. 
Use Limitations. No signs in connection with a temporary use shall be permitted in accordance with the provisions of Chapter 420 of this Title.
D. 
Particular Temporary Uses Permitted. The following temporary uses are permitted subject to the regulations and standards set forth below and further subject to the requirements specified in this Chapter.
1. 
Contractor's office and construction equipment sheds provided that such buildings:
a. 
Are incidental to a construction project on the same lot as the temporary building, and do not contain sleeping or cooking accommodations;
b. 
Are not located closer than thirty-five (35) feet to any lot line; and
c. 
Are removed upon completion of the construction project.
2. 
Public interest events such as outdoor concerts and auctions.
3. 
Christmas tree sales are permitted only if the period of time of the temporary use is forty-five (45) days or less.
[Ord. No. 1076 §§1 — 7, 1-27-1987; Ord. No. 1345 §1(12210), 11-13-1989]
A. 
The following bufferyard standards apply depending on the location of the lot or site or use being made thereof. The letter designations contained in the tables below refer to the bufferyard requirements and standards contained in the table of bufferyard standards set forth in Article VIII (Sections 405.310 — 405.350) of this Chapter.
DISTRICT BOUNDARY BUFFERS
Adjacent Zoning District
E
SE
SL
SM
CO
O
C
ME
E
E
D
C
A
A
—
E
B. 
Street Buffers. The following bufferyards are required for non-residential uses along the street indicated:
Major Street
Minor Street
Local Street
D
C
E
[Ord. No. 1076 §§1 — 7, 1-27-1987; Ord. No. 1345 §1(12220), 11-13-1989]
Each lot shall contain twelve (12) plant units, as defined in Section 405.325, per acre of non-wooded landscaped surface that exists on a lot in those areas not designated as parking areas or bufferyards. An additional requirement is that eight-tenths (.8) plant unit be planted per each one hundred (100) feet of building perimeter.
[Ord. No. 1076 §§1 — 7, 1-27-1987; Ord. No. 1345 §1(12230), 11-13-1989]
For every twenty-four (24) parking spaces a parking lot shall contain two and one-half (2.5) plant units, as defined in Section 405.330, in landscaped areas aggregating eight hundred ten (810) square feet. Adjoining entrance drives and circulation drives shall also contain two and one-half (2.5) plant units, as defined in Section 405.330, in landscaped areas aggregating eight hundred ten (810) square feet for every eight thousand (8,000) square feet of drive or road area.
[Ord. No. 1076 §§1 — 7, 1-27-1987; Ord. No. 1345 §1(12240), 11-13-1989]
A. 
All parking spaces shall be located behind the setback lines unless indicated otherwise in this Chapter.
B. 
All uses shall provide parking spaces as indicated below:
[Ord. No. 4039 § 3, 11-28-2016; Ord. No. 4399, 12-14-2020; Ord. No. 4514, 6-27-2022]
Use
No. of Spaces Based on Maximum Capacity
Bank and similar institution
6 per 1,000 square feet of GFA
Barber and beauty shop
6 per 1,000 square feet of GFA
Commercial or trade school
1 for each 3 students plus 1 for each employee
Day care center
1 for each teacher and employee plus 1 for each 6 students
Day-care, pet
3 per 1,000 square feet of GFA
Gasoline service station
4 plus 6 for each bay
General office
4.2 per 1,000 square feet of GFA
Hospital
2 per every 3 beds plus 1 for every staff doctor and employee on the maximum shift
Industrial
3 per 1,000 square feet of GFA plus 1 per 1,000 square feet of storage
Medical or dental
8 per 1,000 square feet of GFA
Nursing home
1 for 4 beds plus 1 for each employee
Private club
1 per 3 members
Public building
1 per employee plus 1 for each 4 seats in assembly halls
Public utility facility
1 per employee
Recreational use
1 per 3 patrons plus 1 for each employee
Repair service
3.5 per 1,000 square feet of GFA
Restaurant
20 per 1,000 square feet of GFA
Retail sales and personal service
6 per 1,000 square feet of GFA
Theater
1 per each 3 seats
Major shopping center
5 per 1,000 square feet of GFA of commercial establishments and restaurants on the site, excluding second story interior storage areas and loading docks
Minor shopping center
5 per 1,000 square feet of GFA of commercial establishments and restaurants on the site, excluding second story interior storage areas and loading docks. Restaurant space up to twenty percent (20%) of the gross floor area (GFA) for the center shall have parking spaces in accordance with this requirement, except all restaurant space in excess of twenty percent (20%) of the GFA shall require an additional 15 parking spaces per 1,000 square feet of such excess restaurant space.
C. 
Off-Street Loading Standards. Any use with a gross floor area of six thousand (6,000) square feet or more must provide off-street loading facilities in accordance with the requirements specified below.
Gross Floor Area in Square Feet
Number of Spaces Required
6,000 — 60,000
1
60,000 — 200,000
2
Over 200,000
3
D. 
See Section 405.340 for permitted reductions in required off-street parking spaces.
E. 
Section 405.340 contains off-street parking and loading design standards.
[Ord. No. 1076 §§1 — 7, 1-27-1987; Ord. No. 1345 §1(12300), 11-13-1989]
The performance standards require that all uses meet the minimum and maximum requirements of this Chapter. The primary basis of regulation is intended to provide detailed regulations and restrictions by means of minimum criteria which must be met by uses in order to protect neighbors from adverse impacts of adjoining land uses and to protect the general health, safety, and welfare by limiting where uses may be established, insuring that traffic congestion is minimized, controlling the intensity of use, and prescribing other such performance criteria necessary to implement the City of Town and Country Comprehensive Plan and to meet the goals and objectives of this Chapter.
[Ord. No. 1076 §§1 — 7, 1-27-1987; Ord. No. 1345 §1(12310), 11-13-1989; Ord. No. 2935 §1, 8-10-2004]
A. 
All uses and activities shall comply fully with the provisions of the following standards as a precondition of being permitted in the Commercial "C" Zoning Districts and be approved in accordance with the procedure for site plan review set forth in Section 405.260.
1. 
Minimum lot area:
Freestanding drive-in or drive-through restaurants
3 acres
*All other uses after February 15, 1991
2 acres
*All new uses in the Commercial District established after February 15, 1991 shall have a minimum lot area of two (2) acres. Those uses existing in the Commercial District on less than two (2) acres on or before February 15, 1991 may alter, expand or change the exterior of any structures, provided such uses satisfy all other standards set forth in this Chapter.
2. 
Minimum setback from street(s) except as otherwise provided in Section 405.680: 60 feet.
3. 
Minimum side yard setback: 20 feet.
4. 
Minimum side yard setback where adjoining property is zoned residential or major educational: 50 feet per story.
5. 
Minimum rear yard setback: 20 feet.
6. 
Minimum rear yard setback where adjoining property is zoned residential or major educational: 50 feet per story.
7. 
Minimum green space:
a. 
Minimum green space per lot or development: 50%.
b. 
Preliminary or final site development plans approved by the Board of Aldermen prior to the enactment of this Section need only comply with the minimum green space requirement in effect at the time of such approval, unless an amendment to the development plan is proposed which the Commission deems significant under the provisions of Section 405.260 of this Code.
c. 
Required green space shall be deemed to include any permeable stormwater retention and/or detention areas.
d. 
In addition to the permitted reductions in required off-street parking spaces allowed by Section 405.340 of this Chapter, if parking in a proposed development is further reduced, then the area created by this reduction shall be used as and for additional green space. At a minimum, however, parking requirements shall be equal to or greater than the then current Institute of Transportation Engineering standards as identified in the Typical Range for Conventional Minimum Parking Ratios; provided however, said parking requirements shall never be less than four (4) spaces per one thousand (1,000) square feet, which shall be the City's guideline in its site plan review of the proposed development under Section 405.260.
e. 
Sixty percent (60%) of the total amount of green space of a proposed development shall be located to the front and/or side(s) of any proposed development; for each additional increment of ten percent (10%) of green space located to the front and/or side(s) of the proposed development, a one percent (1%) credit in total green space shall be applied to the development.
8. 
Maximum building height: 2 story up to 35 feet in front and 45 feet in rear
9. 
Maximum floor area per lot: 25%.
Parking:
a. 
Parking may be permitted up to twenty (20) feet of any rear or side lot line if the Planning and Zoning Commission find that a five (5) foot high berm around the parking lot would hide the cars from any street or adjoining property owners.
b. 
In no case is parking permitted within fifty (50) feet of any street lot line.
[Ord. No. 1076 §§1 — 7, 1-27-1987; Ord. No. 1345 §1(12400), 11-13-1989]
A. 
The minimum setback requirement shall be sixty (60) feet measured from the street lot line except as follows:
1. 
The minimum setback requirement for lots abutting Clayton Road shall be seventy (70) feet from the street lot line of Clayton Road;
2. 
The minimum setback requirement for lots abutting Ballas Road south of Clayton Road shall be one hundred twenty-five (125) feet from the street lot line of Ballas Road;
3. 
The minimum setback requirement for lots abutting the west side of Ballas Road north of Clayton Road shall be ninety (90) feet from the west street lot line of Ballas Road;
4. 
The minimum setback requirement for lots abutting Woods Mill Road shall be ninety (90) feet from the street lot line of Woods Mill Road;
5. 
The minimum setback requirement for lots abutting the north street lot line of North Forty Drive and the south street lot line of South Forty Drive shall be ninety (90) feet from the north street lot line of North Forty Drive and the south street lot line of South Forty Drive;
6. 
The minimum setback requirement for lots abutting Mason Road shall be seventy (70) feet from the street lot line of Mason Road;
7. 
The minimum setback requirement for lots abutting Weidman Road shall be seventy (70) feet from the street lot line of Weidman Road.
[CC 1989 §§12-191 — 12-194; Ord. No. 1954 §1, 5-28-1996]
A. 
Definitions. As used in this Article, the following terms shall have these prescribed meanings:
SEASONAL DISPLAY
The display of plants and vegetation outside of a commercial establishment for only a part of the year.
TEMPORARY OUTDOOR SALES
The display and sale of goods for profit offered to the public outside of a commercial establishment, for a limited duration.
B. 
Permit Required — Application. Temporary outdoor sales and seasonal display are permitted only if a person desiring to conduct an outdoor sale or seasonal display regulated by this Article shall make written application to the City containing the following information:
1. 
The true name and address of the owner of the goods to be the object of the sale or display.
2. 
A description of the place where such sale or display is to be held, including a drawing of the site showing the area to be designated for such display or sale.
3. 
The nature of the occupancy, whether by lease or sublease, and the effective date of termination of such occupancy.
4. 
The dates of the period of time in which the sale or display is to be conducted.
5. 
The means to be employed in advertising such outdoor sale.
C. 
Regulations. All temporary outdoor sales and seasonal displays shall be subject to the following regulations:
1. 
The permit shall authorize an outdoor sale described in the application for a period of not more than three (3) consecutive days, Sundays and legal holidays included, following the issuance thereof.
2. 
The permit shall authorize seasonal display for a period not to exceed six (6) consecutive months.
3. 
Any license hereunder provided shall not be assignable or transferable.
4. 
In no event shall more than four (4) temporary outdoor sales be held by any permittee in any one (1) calendar year.
5. 
No goods shall be displayed or sold on any unpaved landscaped area or any parking or drive area.
6. 
Goods shall be displayed so as to maintain at all times a pedestrian walkway at least four (4) feet wide separate from any parking or drive area.
D. 
Restriction On Use Of Premises. Except as otherwise specifically provided herein or in Title IV of this Code, no tract of land, lot or premises shall be used for the sale, display or storage of any merchandise except within a structure.
[Ord. No. 2311, 2-22-1999; Ord. No. 3846 §1, 9-22-2014; Ord. No. 4093 § 1, 6-12-2017[1]]
A. 
Purposes. The purpose of this Section is to allow limited application of an outside dining use immediately adjacent to restaurants that are located in commercial zoning districts.
B. 
Categories Of Outside Dining Areas.
1. 
Outside Dining, Accessory Use. An outside dining area that is limited in scope and meets the criteria set forth in Sections 405.687(C), 405.687(G), 405.687(H) and 405.687(I) shall be considered an accessory use.
2. 
Outside Dining, Conditional Use. An outside dining area that does not meet the standards set forth in the Section 405.687(C), but otherwise meets the standards set forth in Sections 405.687(G), 405.687(H) and 405.687(I) shall require a conditional use permit.
C. 
Outside Dining Area, Accessory Use Requirements. The outside dining area, accessory use shall conform to the following specific requirements:
1. 
Outside seating shall be limited to twelve (12) or less seats or no more than thirty percent (30%) of overall seating, whichever is more restrictive.
2. 
No permanent structures shall be installed, including but not limited to removable or retractable canvas or similar walls and landscaping elements.
3. 
No live music, audio speakers, video screens or televisions are permitted.
4. 
Outdoor lighting shall not be permitted, with the exception of lighting provided on individual tables.
D. 
Administrative Permit Application.
1. 
An administrative permit is required to operate an outside dining area as an accessory use. The permit shall include the following information:
a. 
Plans, elevations, and drawings depicting the physical improvements, table and seating diagrams, surrounding conditions, relationship to the restaurant, relationship to parking areas or roads, and egress to be used in connection with the outside dining.
b. 
Samples or proper illustrations of materials and furniture to be used.
c. 
Hours of operation.
d. 
Calendar days of operation.
e. 
Property owner approval.
2. 
An application shall be filed along with the required fees to the Department of Planning and Public Works. Upon review for compliance with the regulations and criteria set forth in Sections 405.487(C), 405.487(G), 405.487(H) and Section 405.487(I) by the Director of Planning and Public Works or their designee, a permit shall be issued or denied. The Director's final action to grant or deny an administrative permit may be appealed to the Planning and Zoning Commission by an aggrieved party by filing a written notice of appeal to the Planning and Zoning Commission with the Department of Planning and Public Works within fifteen (15) days of the Director's decision.
3. 
An administrative permit may be revoked by the Director of Planning and Public Works if, upon inspection, it is found that the approved permit is not in compliance with the requirements of this Section. The Director's final action to revoke an administrative permit may be appealed to the Planning and Zoning Commission by an aggrieved party by filing a written notice of appeal to the Planning and Zoning Commission with the Department of Planning and Public Works within fifteen (15) days of the Director's decision.
E. 
Outside Dining, Conditional Use Requirements. The outside dining area, conditional uses shall conform to the following specific requirements:
1. 
Applications for outdoor audio speakers, video screens, or televisions in the outside dining area shall be reviewed by the Planning and Zoning Commission, which shall make a recommendation to the Board of Aldermen. Noise generated by these devices shall be regulated by the Nuisance Section of the Municipal Code.
2. 
Applications for live music or amplified music in the outside dining area shall be reviewed by the Planning and Zoning Commission, which shall make a recommendation to the Board of Aldermen. Live music or amplified music shall be limited to the restaurant hours of operation. Noise generated by any music shall be regulated by the Nuisance Section of the Municipal Code.
3. 
Applications for outdoor lighting, which shall include the number, height and locations in the outside dining area, shall be reviewed by the Planning and Zoning Commission, which shall make a recommendation to the Board of Aldermen. Outdoor lighting shall be downcast and shielded in order to reduce glare onto any adjacent property.
F. 
Conditional Use Permit Application. A conditional use permit shall be necessary to use, construct, alter or modify any property to be used for outside dining. The application shall conform to Sections 405.180, 405.190, and 405.200, in addition to the following:
1. 
Application shall first be made to the Planning and Zoning Commission, which shall review the application and make a recommendation to the Board of Aldermen.
2. 
The application to the Planning and Zoning Commission and to the Board of Aldermen shall be accompanied by the following information:
a. 
Plans, elevations, and drawings depicting the physical improvements, table and seating diagrams, surrounding conditions, relationship to the restaurant, relationship to parking areas or roads, and egress to be used in connection with the outside dining.
b. 
Samples or proper illustrations of materials and furniture to be used.
c. 
Hours of operation.
d. 
Calendar days of operation.
e. 
Agreements from adjacent users if applicable in Subsection (H).
f. 
Approval of the property owner, which shall include an acknowledgement of the requirement that all improvements shall be removed upon revocation of the conditional use permit or upon the cessation of business of the applicant.
3. 
Both the Planning and Zoning Commission and the Board of Aldermen may review the proposal in accordance with the general provisions of the conditional use permit process, but may also base its decision on an architectural review of the proposal. The architectural review may consider the suitability of the proposed materials, design, conformity with the surroundings, and other factors that promote a compatible and suitable appearance in the intended location.
G. 
Conformance To Other Regulations. The applicant shall demonstrate conformance to the following additional regulations that may apply:
1. 
Health and sanitation regulations as may be required by St. Louis County.
2. 
Missouri Liquor Control regulations.
3. 
Building and Zoning Codes and regulations.
4. 
Parking requirements in the Zoning Code based on the additional square foot area to be allocated to outside dining.
H. 
Location. Requirements and restrictions regarding the location of the outdoor dining area are as follows:
1. 
The outside dining area shall be located as follows:
a. 
Directly adjacent to the restaurant building; and
b. 
Within any setback restrictions of the applicable Zoning Code.
2. 
The outside dining area shall not be placed in the following locations:
a. 
On a side of the building where the outside dining area will be closer than fifty (50) feet from the right-of way of a public street.
b. 
On a side of the building which joins residentially zoned property in Town and Country.
c. 
In a location that interrupts a sidewalk that serves building users on either side of the outside dining area. However, alternate provisions may be made to reroute existing walkways, if adjacent users and property owners agree.
d. 
The outside dining area must be located such that noise from patron activity shall not result in a nuisance for any adjoining areas.
I. 
General Requirements. All outside dining areas shall conform to the following general requirements:
1. 
Proper physical separation shall be provided between the outdoor dining area and all parking and driving areas in order to protect the dining public from vehicles. The dining area shall not be located where the exhaust fumes from a parked car would be pointed directly at the dining area. In addition, the outdoor dining area shall be separated from adjacent areas with a fence or other construction that allows only limited, controlled access to the dining area.
2. 
The outside dining area cannot obstruct the egress route from the inside dining area or any adjacent user.
3. 
The outside dining area may not have any permanent roof structure or covering and shall be open to the sky, except for retractable awnings, umbrellas, and other movable devices.
4. 
No advertising or signs of any kind may be used on the outside dining improvements or furniture, such as advertisements or logos on umbrellas, chairs, awnings, etc.
5. 
The outside dining area must meet the standards of the Americans with Disabilities Act (ADA), currently adopted by Federal and State law.
6. 
Any umbrellas used shall be attached to concrete bases or similar methods used to prevent umbrellas from blowing from their base.
7. 
Alcoholic beverages may be served in the outdoor dining area and the dining area shall comply with Missouri Liquor Control regulations. Food/beverage service equipment shall not be permitted outdoors, this includes food trays or carts, receptacles for dirty dishes, trays or carts for utensils and also cooking appliances.
8. 
The outdoor area and surrounding area, including installed enclosed trash receptacles, shall be regularly maintained and cleaned to prevent the accumulation of trash and to provide proper sanitation to the entire area. Trash receptacles shall be of a uniform design and shall be enclosed.
9. 
All construction items, fixtures and furniture in the outside dining area shall be properly maintained. Any ripped, damaged, or otherwise unsightly materials shall be removed. All painted surfaces shall be properly maintained and be free of peeling paint.
10. 
Tables, chairs, umbrellas, enclosed trash receptacles and other furniture shall be constructed with weather-resistant, commercial grade and durable materials that are of a uniform design and can be cleaned and maintained in a sanitary condition. White or bright color plastic chairs or tables are not permitted.
11. 
All outdoor dining areas shall include landscaping. Landscaping may include the use of planter boxes or permanent vegetation. A landscape plan shall be submitted with the application.
12. 
All furniture when replaced shall be reviewed administratively by Public Works Director or their designee to ensure compliance with the regulations and criteria set forth in this Section. The Director's final decision may be appealed to the Planning and Zoning Commission by an aggrieved party by filing a written notice of appeal to the Planning and Zoning Commission with the Department of Planning and Public Works within fifteen (15) days of the Director's decision.
J. 
Continuing Duty To Comply With This Section. The applicant shall have a continuing duty to comply with the provisions of this Section and any requirements imposed by the application and review process. This permit may be revoked as provided in Section 405.190.
K. 
Duration And Termination Of Conditional Use Permit. In the event of termination of the conditional use permit as provided under the laws of the City, or upon the cessation of business by the applicant, all improvements constructed for the outdoor dining area shall be immediately removed.
L. 
Non-Transferable Permit. The administrative/conditional use permit is non-transferable to any other person or entity.
[1]
Editor’s Note: Ord. No. 4093 also changed the title of this Section from “Standards For Outside Dining – Conditional Use” to “Standards For Outside Dining – Administrative/Conditional Use.”