8042-09
ORDINANCE NO. 8042-09
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, MAKING
AMENDMENTS TO THE COMMUNITY DEVELOPMENT CODE TO
DELETE SUBSECTION 3-201.C, "SIDEWALK CAFES", IN ITS
ENTIRETY; TO ADOPT A NEW SUBSECTION 3-201.C, "OUTDOOR
CAFES", SETTING FORTH PROVISIONS FOR OUTDOOR CAFES
LOCATED ON PRIVATE PROPERTY; TO ADOPT A NEW
SUBSECTION 3-909 "OUTDOOR CAFES", SETTING FORTH
PROVISIONS FOR OUTDOOR CAFES LOCATED WITHIN PUBLIC
RIGHT(S)-OF-WA Y; TO RENUMBER SUBSECTION 3-909
"NEWSRACKS" THROUGH 3-919 "AFFORDABLE HOUSING PARKING
REQUIREMENTS" ACCORDINGLY; TO MODIFY SECTION 4-202
"APPLICATIONS FOR DEVELOPMENT APPROVAL", BY ADDING
APPLICATION REQUIREMENTS FOR OUTDOOR CAFES LOCATED
WITHIN PUBLIC RIGHT(S)-OF-WAY; TO MODIFY SECTION 8-102,
"DEFINITIONS", BY ADDING A DEFINITION FOR "CLEVELAND
STREET CAFE DISTRICT" AND "OUTDOOR CAFES" AND DELETING
THE DEFINITION FOR "SIDEWALK CAFES"; TO MODIFY APPENDIX A
"SCHEDULE OF FEES, RATES, AND CHARGES" BY DELETING THE
FEE FOR "SIDEWALK CAFES" AND ADDING THE FEE FOR
"OUTDOOR CAFES" LOCATED WITHIN PUBLIC RIGHT(S)-OF-WAY;
TO MAKE MINOR EDITORIAL CHANGES TO SECTION 6.31
"PROHIBITED ACTS" AND SECTION 28.04 "TRADING AND SELLING
ON STREETS" OF THE CODE OF ORDINANCES; AND TO PROVIDE
AN EFFECTIVE DATE.
WHEREAS, the City of Clearwater adopted a new Community Development Code on
January 21, 1999 which was effective on March 8, 1999, and
WHEREAS, the City of Clearwater desires for the Community Development Code to
function effectively and equitably throughout the City, and
WHEREAS, appropriate use of the public right-of-way by private business
contributes to an enhanced public realm that promotes the local economy, and
WHEREAS, outdoor cafes contribute to economic activity, and
WHEREAS, the City of Clearwater has determined where the Community
Development Code needs clarification and revision, now therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER,
FLORIDA:
Section 1. That Article 3, "Development Standards", Division 2, "Accessory
Use/Structures", Section 3-201, "General", of the Community Development Code, be, and
the same is hereby amended to delete subsection C, "Sidewalk Cafes", as follows:
Section 3-201. General.
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Ordinance No. 8042-09
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C. Sfdev/3Jk safos.
1. Purposo aRd appHsotJiHty It is the intent of the city to allow side'Nall'l. oafes so as to
enhance the J3edestrian, urban and beach oharacter of the city by J:>roviding an
additional amenity for the public to enjoy. Sidev:alk cafes are permitted in the
cOfAfAercial district, the tOLJrist district on property located on Clear\a:ater Beaoh only
or in the do'::nto'Nn district provided 311 reEtuirefAents of this section are met.
Sidm...alk 03feS on J3uBlic right of ':lay shall only be allo'l.'ed in the tourist and
dma:ntown districts. ,r.. sidewalk cafe fAay be estaBlished as an aocessory use to a
restaurant, nightclub or other appropriate business as deterfAined by the comfALJnity
development coordinator. This section apJ:>lies to a sidewalk cafe located solely on
private J3roJ:>erty or a cafe loc3ted partially or totally l,aJithin the public right of '::ay.
2. ApplfeatfeR r:equf:-omoRts aRd ,""D'Aow p,":eeess.
3. Re'lievl prososs. If 3 sidewalk oafe is to be added to an existing bLJsiness,
then the sidewalk 03fe shall be revie.....ed as an accessory use.'fAinifAum
standard de\"elopfAent. If the cafe is proposed as accessory to a new
business, then the sidewalk cafe shall be re'/iewed along 'A'ith the proposed
use as either Level One Flexible Standard or Level Two FlexiBle Use as
deterfAined in the applicable zoning district.
B. Submittal r:equiromfmts.
(1) The applicant is required to hold a J3re application fAeeting with the
cOfAfALJnity de'.'elopment coordinator to discuss the J3roposed sidewalk
cafe and apJ3lioation reEtuirements.
(2) ,A, completed aJ:>J3lioation for a side':Jalk Gafe permit shall be subfAitted
to the community developfAent coordinator. The 3pplication shall
include, but not be limited to, the following information:
(a) ~JafAe, address, telephone nUfAber, facsimile and e fAail
3ddress of the applicant (business owner or designee) and the
property ol/.'ner;
(b) ~Jame, address and legal description of the property on 'J.'hich
the sidewalk cato is J3roJ3osed to be located;
(c) For existing businesses, a GOJ3Y of a valid City of Clearwater
occupational license to operate the business establishfAent
that is the subject of the application;
(d) '.^.'ritten aJ3J3ro':al to reEtLJest the application from the owner of
the property in v.'hich the permitted business established is
located;
(e) ,r.. site plan (drawn to scale of fAinifAufA 1 :80) showing the
layout and dimensions of the sidewalk; side':Jalk cafe area and
adjacent private property and building shO'....ing entrances and
exits; proposed location, size and number of tables, chairs,
steps, umbrellas, Q'.vnings, canopies, location of doorways,
trees, parking meters, bus shelters, sidewalk benches, trash
reoeptacles, railings, decorative ohains and any other fixture,
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Ordinance No. 8042-09
structure or obstruotion either existing or proposed within the
sidewalk oafe;
(f) Photographs, drawings or manufaotl.lrers' broohures fully
desoribing the appearanoe, oolor, ana materials of all
proposed tables, ohairs; umbrellas, a'/:nings, oanopies or other
fix-tllres relatea to the sidewalk oafe;
(g) Copy of written approval from any agency other th::m the City
of Clean.'/ater having jurisaiotion O'Jer the right of 'Nay; and
(h) For sidewalk cafes on public right of way, a oopy of ourrent
certifioate of insuranoe in the amollnts and oategories required
DY this artiole.
c. Gono..-Cl! Fef/l:Ji::emonts for a.'.' sioov;a!.'( Gafes.
(1) Ope..-ationa! Fef/l:Ji:"emonts.
(a) Side'::alk oafes that '....ish to serve alooholio Deverages must
have a valia lioense from the State of Floriaa to sell 310oholio
De'lerages for oonsumption on premises in conneotion with a
restaurant use or other 3ppropriate business.
(b) No fooa preparation shall be allo\'.'ea on the sidewalk. There
shall be no oooking, storage of fooas or materials, oooling,
refrigeration or other equipment looated in the sidewalk oafe
aFea-
(0) No amplified musio at a siaev:alk oafe in the right of way shall
be allowea. ^mplified musio in a side'/:alk oafe on private
property shall De speoifioally requested DY the applicant and
shall De re\'ie'....ed for its impaots on surrol.lnding properties and
bl.lsinesses.
(d) The hours of operation of a sidewalk oafe shall be ooinoident
'....ith the hOllrs of operation of the prinoipal business to 'Nhioh it
is aooessory.
(e) The operator of the sidewalk oafe shall meet all other oity,
oounty and state regulations, la'.\'s or ordinanoes.
(2) LeGatien ami design Fef/l:Ji..-ements.
(a) Siaewalk oafes in the right of way are restricted to the sidewalk
frontage of the subject business establishment to which a
permit has been issl.lea or suoh other area as appro'Jed by the
oity manager or his/her designee.
(D) Sidewalk oafes shall be looated in a manner that promotes
efficient and direct pedestrian movement. 'Nithin the public
right of 'Nay, a miniml.lm of one llnobstruotea pedestrian path
at least four feet wide shall be maintained at all times. In areas
of congested pedestrian aotivity a wider pedestrian path may
be required. .'\ooess to fire hydrants, fire hose conneotions for
sprinkler systems, and entranoes and exits of all buildings
shall not be obstructed at any time by barriers or seating.
(0) Outdoor seating shall not be oounted when oaloulating the
parking reql.lirements.
(d) To ensure the con':enienoe of users and to enhanoe the ViSU31
quality of the urban en':ironment, the sidewalk oafe shall
oomply '::ith the design guidelines for the distriot in whioh it is
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Ordinance No. 8042-09
located. Sl'3ecifically, tables, GhairG, umbrellas, canol'3ieG,
:lwnings and all other fixtures/decorative materials shall ee of
good design made of qU:llity materi:lls and 't.'orkmanshil'3, be
fire retardant or manufactured of fire resistant material. Tables,
chairs and other fixtures used in connection '/:ith the side':lalk
C:lfe shall not ee attached, chained or in any manner affixed to
:lny tree, 1'30st, sign or other fixture.
(e) No tables or chairs will be l'3ermitted within the sight visibility
triangle of a street intersection or srive'.\'ay as reEfuired in this
Code. Taeles or chairs sh:lll not ee I'3laced within four feet of
bus stops, taxi stands, telephone booths, fire hydrants, or
counter serviGe windows or within hOlo feet of any euilding
entrances ans/or exits.
(1) The perimeter around the Gidewalk cafe in the right of way
:lrea shall ee delineated using non l'3ermanent fixtt;Jres SUGh as
railings, 1'30tted J=llants, decorative Ghains, or other al'3proved
fixtt;Jres.
(:3) Ma.intam:mea.
(:I) Taeles, Ghairs, t;Jmbrellas, canol'3ies, awnings and any ather
fixtt;Jres used in connection with a sismo.'alk Gafe shall be
m:lintained by the sidewalk cafe ol'3eratar with a Glean and
:lttraGti\'e al'3l'3earanGe and shall be in good rol'3air at all times.
(b) The sisewalk Gafe area, the area extending from the sisel/.'alk
cafe area to the street, and five feet beyaAd either end shall be
maintainod by tho business o'.-mor in a noat and ordorly
al'3l'3earanGe at all timos and shall bo Gleared af all dobris on a
daily basis.
(c) Tho sisewalk cafe ol'3erotor is rosponsible for ropair of any
dam ago to tho sidC\o.'alk in tho right of 'A'ay cat;Jsod ey the
sidowalk cafe. The rel'3air shall bo made to city standards and
within a reasoAablo timoframe.
d. /\dditiona.' FOf/bJ.i...oments fe." sic:Jewa.'.'< safas en pbJbHe :ights ef v/ay.
(1) !\ sidewalk cafe on l'3t;Jblic right oho:ay shall al'3l'3ly for and recoive a
permit to ol'3erato within the right of way. Tho l'3ermit shall be isst;Jed to
the permit holder and shall bo transferable only with tho I'3rior 'tJritton
:lpproval of tho Gity manager or his/her dosignee.
(2) By t;Jso of any 1'30rmit grantod horet;Jndor, tho pormit holdor agroos to
indomnify, defond, sa'.'e :lnd hold harmloss tho city, its officers, agents
and oml'3loyoes from any and all claims, liability, lav:st;Jits, damagos
and causos of aetion which may ariso ot;Jt of the use of the l'3ublic
sidowalk. Tho J=lormit holdor shall ontor into a '/:ritton agreemont with
tho city to o'/idenco this indomnification. St;JGh a€lreemont mt;Jst ha'/o
tho writton appro'/al of tho city attornoy J=lrior to issuance of a 1'30rmit.
(3) Tho 1'30rmit holder shall furnish, l'3ay for, and maintain dt;Jrin€l the lifo of
tho 1'30rmit with tt10 city:
(a) Comprehonsivo gonoral li:lbility insurance on an 10cct;Jrronco"
b:lsis in an amount not loss than $800,000 combined sin€llo
limit bodily injt;Jry liability and I'3roporty damago liability. Tho city
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Ordinance No. 8042-09
is to be Gpecific:.lly included as an addition:.1 insured on the
polioy.
(b) '.\'orkers' Compensation insuranoe al3plioable to its employees,
if any, for statutory ooverage limits in oornplianoe ':/ith Florida
laws, inoluding ernployers' liability '::hioh meets all state and
federalla'A's.
(1) The permit holder sh:.1l pro'/ide the oity with a oertifioate or certific:.tes
of insurance showing the existenoe of ooverages required by this
permit. The permit holder ,,":i11 maintain these oO'.'erages with:. ourrent
oertifioate or oertifioates of insuranoe throughout the term of the perrnit
':.'ith the oity.
(5) VVhen speoifioally requested by the oity in writing, the perrnit holder
':.'ill provide the oity \vith oertified oopies of all polices of insuranoe as
required abO'.te. ~Je':.' certifioates and new oertified oopies of polioies, if
oertified oopies of polioies have been requested, shall be pro'Jided the
oity \vhene\'er :.ny policy is renewed, re'.'ised, or obt:.ined from other
insurers.
(6) /\11 polioies of insuranoe must be endorsed to provide the oity \".'ith 30
days notioe of oanoellation or restriction.
(7) The City of ClearNater rnay re(;Juire the ternl30rary removal of sidewalk
safes and all related furniture and fi)ftures by the perrnit holder when
street, side':.'alk, or utility repairs nesessitate suoh aotion or 'shen, at
the oity's sole discretion, it is neoessary to olear side':.'alks. The permit
holder shall be responsible for rerno'/ing all sidewalk cafe fi>ftures at
least t'NO days prior to the date identified in ':,riting BY the city. The oity
shall not be responsiBle for any oosts assooiated ':.'ith the rernoval or
the return and installation of any side'l.'alk oafe fi>ftures.
(8) The oity may oause the immediate remo'.'al or relooation of all or any
l3art of the side':.'alk oafe or its fixtures in emergency situations. The
oity, its offioers, agents and eml3loyees shall not be responsible for
any damages or loss of sidewalk oafe fixtures relocated dl:Jring
emergenoy situations and shall not be responsible for any oosts
assooiated ':Iith the remo'lal or the retl:Jrn and installation of any
sidewalk oafe fixtures.
(9) The oity shall ha'.'e the authority to seoure or remo'/e fixtures and
other items associated with the sidewalk oafe if neoessary in the
interest of public safety.
3. Standards {e," ,0:0'/';0'11 and ooG,;s,;on. The oommunity develol3ment ooordinator shall
review an al3plioation for a sidewalk oafe to determine oomplianoe with all
requirernents of this seotion throuliiJh a oomplete applioation insluding site plan, I3roof
of insuranoe and all other doouments required by this Code. The oommunity
development soordinator may approve the al3plioation, appro'.'e the al3l3lioation with
conditions that ensure oomplianoe ':.,ith this Code and are needed to ensure
coml3atibility of the side'::alk oafe with acijoininliiJ businesses, or deny the applioation.
The timefr3me and process for rovie':: of :. side'l:alk oafe for an existing business
shall Be as presoribed in seotion 1 203, buileJinliiJ J3ermit of this Code. The timeframe
and prooess fer review of :. sidewalk oafe as p:lrt of :I flexible st:lndard or flexiBle use
shall be as presoribed in artiole 4 of this Code.
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Ordinance No. 8042-09
Upon :lpproval, eaoh permit for side'::alk cafes on ri€Jht of '::ay shall be effeative for
one ye:lr from Oatober 1 until SeJ:>tember aD, and must be renewed annu:llly with the
:lppro':al of the eity. A renewal '::ith no signifioant changes to the sidewalk o:lfe as
originally approved will not re€1uire a complete review. Any si€Jnifieant oh:lnges to a
sidewalk oafe shall require re'/iew as a new applieation.
The City of Cle:lrwater reserves the right to inspeet the sidewalk oafe at any time
',\lith or without notioe to the operator to determine eomplianoe with this Code and
:lny oonditions attaohed to the sidm':alk oafe.
1. ,".13poa! of Gomml:JRity fle~'(),'opm()nt Gaata/nato,'" de Gisian. For sidewalk eafes using
public right of way, the eommunity development ooordinator may deny an application
f-or :l sidewalk oafe permit if the applieant fails to provide the re€1uired information or
fails to meet the oriteria for permit issuance. Suoh aotion shall be oonsidered final
:lnd is not subjeet to appeal. For sidewalk eafes on private property, an appeal of the
community development ooordinator's deoision may be submitted in aooordanoe with
the pro'/isions of I',rtiole 1.
5. RovaGat/an of permit. The community development eoordinator may revoke a permit
for any sidewalk eafe loeated on public ri€Jht of way if it is found that:
(1) I\ny neoessary business or health permit has been suspended or revoked; or
(2) The permittee does not have ourrently ef.feetive insuranee in the minimum
:lmount as re€1uired in this Code; or
(a) Chan€Jing eonditions of pedestri:ln or vehieular traffio eause oongestion
neoessitatin€J the removal of the sidewalk cafe. Suoh deoisions shall be based upon
findings of the oommunity development ooordinator, after eonsultin€J with the city
engineer, that the existing eonditions represent a danger to the health, safety or
general welfare of the public; or
(1) The permittee fails to eomply with one or more conditions of the permit.
Upon re':ooation of a permit, the community de':elopment ooordinator shall €Jive
written notice of sueh action by certified mail, return receipt requested, to the
permittee at the address listed on the applioation, statin€J the reason(s) for
revooation. Tho re'looation shall become effeotive and final 15 days follo',ving mailiAg
of the notice, and is not subject to appeal.
The city manager or desi€Jnee may take at any time, ':/hether or not the permit \\'as
issued, is ourrent, in the prooess of being revoked, or has been re':oked, such aation
re€J:lrding a sidewalk eafc looated on pUBlic proJ:>erty as is neoessary to preserve
public safety. Suoh aation shall be eonsidered final and is not subject to appeal.
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Ordinance No. 8042-09
Section 2. That Article 3, "Development Standards", Division 2, "Accessory
Use/Structures", Section 3-201, "General", of the Community Development Code, be, and
the same is hereby amended to add subsection C, "Outdoor Cafes", as follows:
Section 3-201. General.
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C. Outdoor cafes. Restaurants may establish on-site outdoor cafes as an accessory
use. Such cafe areas shall be reviewed and approved throuah the applicable development
review process as set forth in Article 4 of this Community Development Code and shall be
exempt from parkina reauirements.
Section 3. That Article 3, "Development Standards", Division 9, "General
Applicability Standards", of the Community Development Code, be, and the same is hereby
amended to add Section 3-909, "Outdoor cafes located within public right(s)-of-way" and re-
number "Newsracks" as Section 3-910 and the subsequent sections as appropriate:
DIVISION 9. GENERAL APPLICABILITY STANDARDS
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Section 3-909. Outdoor cafes located within DubUc riahtCsl-of-wavNe'.vsraGks.
A. Applicabilitv. (i.) A restaurant or (ii.) a take-out food establishment with no indoor
seatina may establish an outdoor cafe and shall be exempt from parkina reauirements.
1. Outdoor cafes are allowed onlv in:
a. The Downtown District:
b. Those properties located in the Commercial District subiect to the Clearwater
Downtown Redevelopment Plan: and
c. Those properties located in the Tourist District on Clearwater Beach.
2. Special provisions of this section aoolv to outdoor cafes located within the Cleveland
Street Cafe District.
B. Application process. The Community Development Coordinator shall review all
outdoor cafes as an allowable encroachment into the public riahHs)-of-wav subiect to
compliance with the location. desian and operational reauirements below.
C. Location and de sian reauirements.
1. Outdoor cafes are restricted to the sidewalk frontaae of the subiect business
applvina for a permit. except that outdoor cafes located within the Cleveland Street
Cafe District may extend the linear distance of any adiacent business frontaae. in
accordance with the provisions of Section 3-909.D.10.
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Ordinance No. 8042-09
2. A minimum of one unobstructed pedestrian path at least five feet wide shall be
maintained at all times. Within the Cleveland Street Cafe District the path shall abut
the buildina facade.
3. All furnishinas shall be of aood desian and made of aualitv materials.
4. No furnishina shall be chained or attached to any tree. post. sian or other fixture.
5. No furniture shall be permitted within the siaht visibilitv trianale as reauired bv the
Community Development Code. Furniture shall not be placed within four feet of bus
stops. telephone booths. fire hydrants. or counter service windows or within two feet
of any entrances and/or exits.
D. Ooerational reauirements.
1. All furnishinas shall be maintained bv the outdoor cafe operator in a clean and
attractive appearance and shall be in aood repair at all times.
2. No amplified music shall be allowed.
3. No food storaae or preparation shall be allowed within the riahHs)-of-wav.
4. The hours of operation of an outdoor cafe shall coincide with those of the associated
business.
5. The outdoor cafe operator is responsible for repair of any damaae to the riaht(s)-of-
way caused bv the restaurant or it's patrons.
6. Bv use of any permit aranted hereunder. the outdoor cafe operator aarees to
indemnify. defend. save and hold harmless the City. its officers. aaents and
emplovees from any and all claims. liabilitv. lawsuits. damaaes and causes of action
which may arise out of the use of the public riahHs)-of-wav. The outdoor cafe
operator shall enter into a written aareement with the City to evidence this
indemnification. Such aareement must have the written approval of the City Attornev
prior to issuance of permit.
7. The outdoor cafe operator shall show evidence of:
a. Comprehensive aeneral liabilitv insurance on an "occurrence" basis in an
amount not less than $1.000.000 combined sinale limit bodilv iniury liabilitv
and property damaae liabilitv. The City is to be specificallv included as an
additional insured on the policv.
b. Workers' Compensation insurance applicable to its emplovees. if any. for
statutory coveraae limits in compliance with Florida laws. includina
emplovers' liabilitv which meets all state and federal laws.
8. The outdoor cafe operator shall provide the City with the certificate(s) of insurance
evidencina reauired coveraaes. Current certified copies of such reauired coveraaes
shall be provided to the City when specificallv reauested in writina.
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Ordinance No. 8042-09
9. All policies of insurance must be endorsed to provide the City with 30 days notice of
cancellation or restriction.
10. For outdoor cafes located within the Cleveland Street Cafe District that intend to use
the public riaht(s)-of-wav in front of an adiacent business. the applicant must submit
a notarized statement from the adiacent property owner(s) indicatina consent to use
the riaht(s)-of-wav in front of their business as an outdoor cafe.
11. As necessitated bv riaht(s)-of-wav repairs. the City may reauire the temporary
removal of outdoor cafes and all related furnishinas. The outdoor cafe operator shall
be responsible for removina all furnishinas at least 24 hours prior to the date
identified in writina bv the City. The City shall not be responsible for any costs
associated with the removal or the return and installation of any such furnishinas.
12. The City may cause the immediate removal or relocation of all or any part of the
outdoor cafe in emeraencv situations. The City. its officers. aaents and emplovees
shall not be responsible for any damaaes or loss of furnishinas used in association
with an outdoor cafe relocated durina emeraencv situations and shall not be
responsible for any costs associated with the removal or the return and installation of
any such furnishinas.
13. The City shall have the authority to secure or remove any furnishina(s) associated
with the outdoor cafe if necessary in the interest of public safety.
E. Revocation of Dermit. Upon revocation of a permit. the Community Development
Coordinator shall aive written notice of such action bv certified mail. return receipt
reauested. to the permittee at the address listed on the application. statina the reason(s) for
revocation. The revocation shall become effective 15 days followina mailina of the notice if
not appealed as provided in Section 4-501A. The Community Development Coordinator
may revoke a permit for any outdoor cafe if it is found that:
1. Anv necessary business or health permit has been suspended or revoked: or
2. Chanaina conditions of pedestrian or vehicular traffic cause conaestion necessitatina
the removal of the outdoor cafe. Such decision shall be based upon findinas of the
Community Development Coordinator. after consultina with the city enaineer. that the
existina conditions represent a danaer to the health. safety or aeneral welfare of the
public and cannot be resolved throuah modification to the outdoor cafe lavout: or
3. The outdoor cafe operator fails to complv with one or more reauirements of the
permit.
4. The outdoor cafe is deemed to be a threat to public safety. in which case the permit
may be revoked immediatelv without notice or compliance with the reauirements
described above.
Section 3-910. Newsracks.
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Section 3-9110.Color.
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Ordinance No. 8042-09
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Section 3-91~4. Underground utilities.
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Section 3-91~2. Outdoor display/storage.
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Section 3-91~. General standards for Level One and Level Two approvals.
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Section 3-91~. Stormwater detention facilities.
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Section 3-91~6. Uses involving vehicles.
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Section 3-91Z6. Vending machines.
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Section 3-91~+. Maintenance in accordance with approved plans.
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Section 3-91~8. Prima facie evidence of certain uses in residential zoning district.
***********
Section 3-92049. Affordable housing parking requirements.
Section 4. That Article 4, "Development Review and Other Procedures", Division 2,
"General Procedures", Section 4-202, "Applications for development approval", of the
Community Development Code, be,-and the same is hereby amended to amend subsection A,
"Basic information required for all applications", as follows:
Section 4-202. Applications for development approval.
A. Basic information required for all applications. All applications for development
approval shall include the following information:
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Ordinance No. 8042-09
26. In addition to the reauirements found in 4-202.A.1-9. an application for an outdoor
cafe located in the public riahHs)-of-wav shall include the followina:
a. Written permission to file the application from the owner of the property in which the
business is located:
b. A plan that depicts the followina:
i. The proposed outdoor cafe area includina dimensions:
ii. All doors to the buildina. as well as those of the adiacent storefront:
iii. The location of curbina. sidewalk and any other furnishina or structure within
the public riaht(s)-of-wav:
iv. Clear delineation of the reauired pedestrian pathway: and
v. Proposed locations and sizes of furnishinas used in association with the
outdoor cafe.
c. Visual representation fullv depictina the appearance. color. and materials of all
proposed furnishinas related to the outdoor cafe:
d. COpy of written approval from any aaencv other than the City of Clearwater havina
iurisdiction over the public riaht(s)-of-wav: and
e. A COpy of current certificate of insurance in the amounts and cateaories reauired bv
Section 3-909.
Section 5. That Article 8, "Definitions and Rules of Construction", Section 8-102,
"Definitions", of the Community Development Code, be, and the same is hereby amended to
add definitions of "Cleveland Street Cafe District" and "Outdoor cafe" and delete the definition of
"Sidewalk cafe" as follows:
Cleveland Street Cafe District means the area on Cleveland Street bordered bv Mvrtle
Avenue and Osceola Avenue.
***********
Outdoor cafe means a use accessory to an adiacent business when located on private
property. or an allowable encroachment when located within public riaht(s)-of-wav. that
serves beveraaes and food and is open-air.
***********
Sioowa.'.'{ safe means an aeeessory use to an aajacent l3usiness and is Isaatea outside of
the boundaries of the l3uilaing; fooa and l3evera~e serviae or other activities relatea ts the
principal use may l3e allowed as JS)art of the sidewalk cafe. 1\ side'::alk safe may be allowed
either on JS)rivate property or within the public right of way.
Section 6. That Appendix A, "Schedule of Fees, Rates and Charges", Subject VIII,
"Land Development", of the Community Development Code, be, and the same is hereby
amended to add an Outdoor Cafe Permit Fee and delete the sidewalk cafe application and
permit fee as follows:
APPENDIX A SCHEDULE OF FEES, RATES AND CHARGES*
***********
(1) Level One.
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Ordinance No. 8042-09
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(i) Sidewalk cafe application:
If I3roposed as accessory to an existing use. . . 50.00
If part of a flexible or flexible stancbrd C1l3plication, no additional fee.
Side'A'alk oafe permit. . . 120.00
Duo on or before October 1 of each year and shall cover the time period of Ootober 1
through September dO of the f{)lIowing oalendar year. For a permit issued after October 1
and Before September dO, the permit foe shall be prorated on a monthly basis. .^.ny portion
of a month shall be considered a full month for the purl3Qses of calculating the prorated
permit foe.
(j) Outdoor Cafe Permit (applicable only if located within public riaht(s)-of-waYL.$50.00
Section 7. That Chapter 6, "Alcoholic Beverages", Article II, "Operation of
Establishments", Division 1, "Generally", Section 6.31, "Prohibited acts", of the Code of
Ordinances, be, and the same is hereby amended as follows:
Sec. 6.31. Prohibited acts.
***********
(4) It shall be a violation for any person to sell or consume any alcoholic beverage, or to
possess any opened or unsealed container containing an alcoholic beverage, at the
following places, except pursuant to an alcoholic beverage special event permit issued
under the provisions of section 22.88 through 22.91, pursuant to an outdoorsidewalk cafe
permit issued under the provisions of section d 201 C. of the Community baM Development
Code, or pursuant to a license issued by the Division of Alcoholic Beverages and Tobacco
of the Florida Department of Business and Professional Regulation that permits the sale or
consumption at the location:
***********
Section 8. That Chapter 28, "Streets, Sidewalks, Other Public Places", Article I, "In
General", Section 28.04, "Trading and selling on streets", of the Code of Ordinances, be, and
the same is hereby amended as follows:
Sec. 28.04. Trading and selling on streets.
Except for the sale of ice cream from ice cream trucks on streets in residential areas,
which have been issued a city business tax receipt for such use, and unless authorized by
Article III of Chapter 22 which pertains to special events, it shall be unlawful for any person
to sell, barter, exchange, or offer to sell, barter or exchange any goods, wares or
merchandise of any kind or nature whatsoever in or on or over any street, right-of-way or
public property, sidewalk or park within the city.
This section shall not apply to curb service furnished by any regularly established
and licensed place of business in the city, and this section shall not apply to the holding of
bazaars or other sales not made or carried on for personal profit, where such sales are
operated in front of or adjacent to a store or place of business with the consent of the owner
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Ordinance No. 8042-09
or manager thereof. The prohibition set out in subsection (1) of this section shall not prevent
the operation of an outdoorsidownlk cafe on the public riaht(s)-of-wavsidownlk where the
outdoorsido'..:nll< cafe is permitted under the provisions of section 3-909~ of the
CommunitvhaOO Development Code.
Section 9. Amendments to the Community Development Code of the City of Clearwater
(as originally adopted by Ordinance No. 6348-99 and subsequently amended) are hereby
adopted to read as set forth in this Ordinance.
Section 10. The City of Clearwater does hereby certify that the amendments
contained herein, as well as the provisions of this Ordinance, are consistent with and in
conformance with the City's Comprehensive Plan.
Section 11. Should any part or provision of this Ordinance be declared by a court of
competent jurisdiction to be invalid, the same shall not affect the validity of the Ordinance as
a whole, or any part thereof other than the part declared to be invalid.
Section 12. Notice of the proposed enactment of this Ordinance has been properly
advertised in a newspaper of general circulation in accordance with applicable law.
Section 13. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
May 21, 2009
PASSED ON SECOND AND FINAL
READING AND ADOPTED
June 4, 2009
, L-.e f/,' ~
Frank V. Hibbard
Mayor
Attest:
- Z.
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Ordinance No. 8042-09