7063-03
ORDINANCE NO. 7063-03
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, RELATING TO SIDEWALK CAFES AND
TO FEES FOR SIDEWALK CAFES AND
COMPREHENSIVE SIGN PROGRAM MINOR
AMENDMENT; REPEALING SECTION 3-201C IN
ITS ENTIRETY AND REENACTING A NEW
SECTION 3-201 C. SIDEWALK CAFES; AMENDING
ARTICLE 8, DEFINITIONS AND RULES OF
CONSTRUCTION BY ADDING A DEFINITION FOR
SIDEWALK CAFE; AMENDING APPENDIX A, LAND
DEVELOPMENT CODE TO SET FORTH NEW FEES
FOR SIDEWALK CAFE REVIEW, SIDEWALK CAFE
PERMIT AND A MINOR AMENDMENT TO
COMPREHENSIVE SIGN PROGRAM; PROVIDING
AN EFFECTIVE DATE.
WHEREAS, there exists the need for sidewalk eating establishments (sidewalk cafes)
in the downtown and tourist districts of the City of Clearwater to provide a unique environment
for relaxation and food consumption; and
WHEREAS, because of the high intensity of development in the Downtown "D" and
Tourist 'T' zoning districts, the lack of adequate vacant land, and the need to encourage the
redevelopment of existing structures, there exists a need to provide an opportunity for sidewalk
cafes to be located on sidewalks in the public right-of-way; and
WHEREAS, the existence of sidewalk cafes encourages additional pedestrian traffic to
these areas and encourages more downtown and beach activity and redevelopment; and
, WHEREAS, there is a need for regulations and standards for the existence and
operation of sidewalk cafes to facilitate and ensure a safe environment in these areas; and
WHEREAS, the establishment of sidewalk cafe zones, permit conditions and safety
standards is necessary to protect and promote the general health, safety, and welfare of the
residents ofthe City of Clearwater; and
WHEREAS, the issuance of a sidewalk cafe permit shall not constitute nor shall it be
construed to constitute a vacation or abandonment by the City of its interest in the right-of-way or
any easements contained therein; now, therefore,
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. Section 3-201 C. Outdoor Cafes., Community Development Code,
is hereby repealed in its entirety and reenacted as follows:
3-201 C. Sidewalk cafes.
Ordinance No 7063 -03
1. Purpose and Applicabilitv. It is the intent of the City to allow sidewalk
cafes so as to enhance the pedestrian, urban and beach character of the City by
providinQ an additional amenity for the public to enioy. Sidewalk cafes are permitted in
the Commercial District. the Tourist District on property located on Clearwater Beach
onlv or in the Downtown district provided all requirements of this section are met.
Sidewalk cafes on public riQht-of-way shall only be allowed in the Tourist and Downtown
Districts. A sidewalk cafe may be established as an accessory use to a restaurant.
niQhtclub or other appropriate business as determined by the Community Development
Coordinator. This section applies to a sidewalk cafe located solely on private property
or a cafe located partially or totally within the public riQht-of-way.
2. Application Reauirements and Review Process.
a. Review process. If a sidewalk cafe is to be added to an existinQ
business. then the sidewalk cafe shall be reviewed as an accessory
use/Minimum Standard Development. If the cafe is proposed as accessory to a
new business. then the sidewalk cafe shall be reviewed alonQ with the proposed
use as either Level One-Flexible Standard or Level Two-Flexible Use as
determined in the applicable zoninQ district.
b. Submittal reauirements.
(1) The applicant is required to hold a pre-application meetinq with
the Community Development Coordinator to discuss the proposed
sidewalk cafe and application requirements.
(2) A completed application for a sidewalk cafe permit shall be
submitted to the Community Development Coordinator, The
application shall include, but not be limited to, the followinq
information:
(a) Name, address, telephone number, facsimile and e-
mail address of the applicant (business owner or
desiQnee) and the property owner;
(b) Name, address and leqal description of the property on
which the sidewalk cafe is proposed to be located;
(c) For existinq businesses, a copy of a valid City of
Clearwater occupational license to operate the business
establishment that is the subiect of the application;
(d) Written approval to request the application from the
owner of the property in which the permitted business
established is located;
(e) A site plan (drawn to scale of minimum 1 :50) showinq
the layout and dimensions of the sidewalk; sidewalk cafe
area and adiacent private property and buildinQ showinq
entrances and exits; proposed location, size and number
2
Ordinance No. 7063-03
of tables. chairs, steps. umbrellas. awninQs. canopies.
location of doorways. trees. parkinQ meters. bus shelters.
sidewalk benches. trash receptacles. railinQs. decorative
chains and any other fixture. structure or obstruction either
existinQ or proposed within the sidewalk cafe;
(f) PhotoQraphs. drawinQs or manufacturers' brochures
fully describinQ the appearance. color. and materials of all
proposed tables. chairs; umbrellas. awninQs, canopies or
other fixtures related to the sidewalk cafe;
(Q) COpy of written approval from any aQency other than
the City of Clearwater havinQ iurisdiction over the riQht of
way; and
(h) For sidewalk cafes on public riQht-of-way. a copy of
current certificate of insurance in the amounts and
cateQories required by this article.
c. General requirements for all sidewalk cafes.
(1) Operational requirements.
(a) Sidewalk cafes that wish to serve alcoholic beveraqes
must have a valid license from the State of Florida to
sell alcoholic beveraQes for consumption on premises
in connection with a restaurant use or other
appropriate business.
(b) No food preparation shall be allowed on the sidewalk
There shall be no cookinQ. storaQe of foods or
materials. coolinQ. refriQeration or other equipment
located in the sidewalk cafe area.
(c) No amplified music at a sidewalk cafe in the riQht-of-
way shall be allowed. Amplified music in a sidewalk
cafe on private property shall be specifically requested
by the applicant and shall be reviewed for its impacts
on surroundinQ properties and businesses.
(d) The hours of operation of a sidewalk cafe shall be
coincident with the hours of operation of the principal
business to which it is accessory.
(e) The operator of the sidewalk cafe shall meet all other
City. county and state reQulations. laws or ordinances.
(2) Location and desiQn requirements.
(a) Sidewalk cafes in the riQht of way are restricted to the
sidewalk frontaQe of the subiect business
establishment to which a permit has been issued or
such other area as approved by the City ManaQer or
his/her desiQnee.
3
Ordinance No, 7063-03
(3) Maintenance.
(b) Sidewalk cafes shall be located in a manner that
promotes efficient and direct pedestrian movement.
Within the public riQht-of-wav, a minimum of one
unobstructed pedestrian path at least four feet wide
shall be maintained at all times. In areas of conQested
pedestrian activity a wider pedestrian path may be
required. Access to fire hydrants, fire hose connections
for sprinkler systems, and entrances and exits of all
buildinQs shall not be obstructed at any time bv barriers
or seatinq.
(c) Outdoor seatinQ shall not be counted when calculatinq
the parkinQ requirements,
(d) To ensure the convenience of users and to enhance
the visual qualitv of the urban environment, the
sidewalk cafe shall comply with the DesiQn Guidelines
for the district in which it is located. Specificallv,
tables. chairs. umbrellas, canopies, awninQs and all
other fixtures/decorative materials shall be of qood
desiQn made of quality materials and workmanshiP. be
fire-retardant or manufactured of fire resistant material.
Tables, chairs and other fixtures used in connection
with the sidewalk cafe shall not be attached, chained or
in any manner affixed to any tree, post. siQn or other
fixture.
(e) No tables or chairs will be permitted within the siQht
visibility trianQle of a street intersection or driveway as
required in this code. Tables or chairs shall not be
placed within four feet of bus stops, taxi stands,
telephone booths, fire hydrants, or counter service
windows or within two feet of any buildinQ entrances
and/or exits.
(f) The perimeter around the sidewalk cafe in the riQht of
way area shall be delineated usinQ non-permanent
fixtures such as railinQs, potted plants, decorative
chains, or other approved fixtures.
(a) Tables. chairs, umbrellas, canopies, awninQs and any
other fixtures used in connection with a sidewalk cafe
shall be maintained by the sidewalk cafe operator with
a clean and attractive appearance and shall be in Qood
repair at all times.
(b) The sidewalk cafe area. the area extendinq from the
sidewalk cafe area to the street. and five feet beyond
either end shall be maintained bv the business owner
in a neat and orderly appearance at all times and shall
be cleared of all debris on a dailv basis.
(c) The sidewalk cafe operator is responsible for repair of
any damaQe to the sidewalk in the riQht of way caused
4
Ordinance No. 7063-03
bv the sidewalk cafe. The repair shall be made to City
standards and within a reasonable timeframe.
d. Additional Requirements for Sidewalk Cafes on Public RiQhts-of-Way
(1) A sidewalk cafe on public riQht -of-way shall applv for and receive a
permit to operate within the riQht-of-wav. The permit shall be issued to
the permit holder and shall be transferable on Iv with the prior written
approval of the City ManaQer or his/her desiqnee.
(2) By use of any permit Qranted hereunder, the permit holder aQrees to
indemnify, defend, save and hold harmless the City, its officers, aQents
and employees from any and all claims, liability, lawsuits, damaQes and
causes of action which may arise out of the use of the public sidewalk.
The permit holder shall enter into a written aQreement with the City to
evidence this indemnification. Such aQreement must have the written
approval of the City Attorney prior to issuance of a permit.
(3) The permit holder shall furnish, pay for, and maintain durinQ the life of
the permit with the City:
(a) Comprehensive General Liabilitv insurance on an
"occurrence" basis in an amount not less than $500,000
combined sinQle limit Bodily Iniury Liabilitv and Property
Damaqe Liability. The City is to be specificallv included as
an additional insured on the policy.
(b) Workers' Compensation insurance applicable to its
employees, if any, for statutory coveraqe limits in
compliance with Florida laws, includinQ Emplovers' Liabilitv
which meets all state and federal laws.
(4) The Permit holder shall provide the City with a certificate or
certificates of insurance showinQ the existence of coveraqes required bv
this Permit. The Permit holder will maintain these coveraQes with a
current certificate or certificates of insurance throuQhout the term of the
permit with the City.
(5) When specificallv requested bv the City in writinQ, the Permit holder
will provide the City with certified copies of all polices of insurance as
required above. New certificates and new certified copies of policies, if
certified copies of policies have been requested, shall be provided the
City whenever any policy is renewed, revised, or obtained from other
insurers.
(6) All policies of insurance must be endorsed to provide the City with
thirty (30) days notice of cancellation or restriction,
5
Ordinance No, 7063-03
(7) The City of Clearwater may require the temporary removal of sidewalk
cafes and all related furniture and fixtures by the permit holder when
street. sidewalk. or utility repairs necessitate such action or when, at the
City's sole discretion, it is necessary to clear sidewalks. The permit holder
shall be responsible for removinQ all sidewalk cafe fixtures at least two
days prior to the date identified in writinQ by the City. The City shall not be
responsible for any costs associated with the removal or the return and
installation of any sidewalk cafe fixtures.
(8) The City may cause the immediate removal or relocation of all or any
part of the sidewalk cafe or its fixtures in emerQency situations. The City,
its officers, aQents and employees shall not be responsible for any
damaQes or loss of sidewalk cafe fixtures relocated durinQ emerqency
situations and shall not be responsible for any costs associated with the
removal or the return and installation of any sidewalk cafe fixtures.
(9) The City shall have the authority to secure or remove fixtures and
other items associated with the sidewalk cafe if necessary in the interest
of public safety.
3. Standards for Review and Decision. The Community Development
Coordinator shall review an application for a sidewalk cafe to determine
compliance with all requirements of this section throuQh a complete application
includinQ site plan, proof of insurance and all other documents required by this
code. The Community Development Coordinator may approve the application,
approve the application with conditions that ensure compliance with this code
and are needed to ensure compatibility of the sidewalk cafe with adioininq
businesses, or deny the application. The timeframe and process for review of a
sidewalk cafe for an existinQ business shall be as prescribed in Section 4-203,
BuildinQ Permit of this code. The timeframe and process for review of a sidewalk
cafe as part of a Flexible Standard or Flexible Use shall be as prescribed in
Article 4 of this code.
Upon approval. each permit for sidewalk cafes on riqht-of-way shall be
effective for one year from October 1 until September 30, and must be renewed
annually with the approval of the City. A renewal with no siqnificant chanqes to
the sidewalk cafe as oriQinally approved will not require a complete review. Any
siQnificant chanQes to a sidewalk cafe shall require review as a new application,
The City of Clearwater reserves the riQht to inspect the sidewalk cafe at
any time with or without notice to the operator to determine compliance with this
code and any conditions attached to the sidewalk cafe.
4. Appeal of Community Development Coordinator Decision.
For sidewalk cafes usinQ public riQht-of-way, the Community Development
Coordinator may deny an application for a sidewalk cafe permit if the applicant
fails to provide the required information or fails to meet the criteria for permit
issuance. Such action shall be considered final and is not subiect to appeal. For
6
Ordinance No. 7063-03
, '
sidewalk cafes on private property, an appeal of the Community Development
Coordinator's decision may be submitted in accordance with the provisions of
Article 4.
5. Revocation of oermit.
The Community Development Coordinator may revoke a permit for any sidewalk
cafe located on public riQht-of-way if it is found that:
(1) Any necessary business or health permit has been suspended or
revoked; or
(2) The permittee does not have currently effective insurance in the minimum
amount as required in this Code: or
(3) ChanQinQ conditions of pedestrian or vehicular traffic cause conQestion
necessitatinq the removal of the sidewalk cafe. Such decisions shall be based
upon findinQs of the Community Development Coordinator. after consultinQ with
the City EnQineer. that the existinQ conditions represent a danQer to the health,
safety or Qeneral welfare of the public; or
(4) The permittee fails to comply with one or more conditions of the permit.
Upon revocation of a permit, the Community Development Coordinator shall Qive
written notice of such action by certified mail, return receipt requested, to the
permittee at the address listed on the application, statinQ the reason(s) for
revocation. The revocation shall become effective and final fifteen (15) days
followinQ mailinQ of the notice, and is not subiect to appeal.
The City ManaQer or desiQnee may take at any time, whether or not the permit
was issued, is current, in the process of beinQ revoked, or has been revoked,
such action reQardinQ a sidewalk cafe located on public property as is necessary
to preserve public safety. Such action shall be considered final and is not
subiect to appeal.
Section 2. Article 8, Definitions and Rules of Construction, is hereby amended by
adding a definition for "Sidewalk Cafe" and inserting the definition in its proper alphabetical
order within Article 8:
Sidewalk Cafe means an accessory use to an adiacent business and is located outside
of the boundaries of the buildinQ; food and beveraQe service or other activities related to the
principal use mav be allowed as part of the sidewalk cafe. A sidewalk cafe may be allowed
either on private property or within the public riQht-of-way.
Section 3. Appendix A, Land Development Code, Schedule of Fees, Rates and
Charges, Section VIII, is hereby amended to read as follows:
7
Ordinance No. 7063-03
, '
There is hereby established the followina fees and charaes related to review andprocessinq of
Level One, Level Two and Level 3 Three applications:
(1) Level One.
* * * * *
(i) Sidewalk Cafe Application
If proposed as accessory to an existinQ use............... ..$50.00
If part of a Flexible or Flexible Standard
Application, no additional fee.
Sidewalk Cafe Permit..................................................,... ..$120,00
Due on or before October 1 of each year and shall cover the time period
of October 1 throuQh September 30 of the followinQ calendar year. For a permit issued
after October 1 and before September 30, the permit fee shall be prorated on a monthly
basis. Any portion of a month shall be considered a full month for the purposes of
calculatina the prorated permit fee.
* * * * *
(j) Minor amendment to approved comprehensive siQn proqram, per application
...... ... ... ... ... ...... ... ... ... ... ... ...... .......................,..... .$75,00
Section 4. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
March 20, 2003
PASSED ON SECOND AND FINAL
READING AND ADOPTED
April 3, 2003
.&$
Bnail' J. Aung! ~
Mayor -Comm Issioner
-----.
Approved as to form:
)
'/
Attest:
~411/~ ~/1/
Mit~tgi,~~ Goudea
8
Ordinance No. 7063-03