8331-12ORDINANCE NO. 8331-12
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA
MAKING AMENDMENTS TO THE COMMUNITY
DEVELOPMENT CODE BY REVISING ARTICLE 3, SECTION 3-
909, OUTDOOR CAFES LOCATED WITHIN PUBLIC RIGHT(S)-
OF-WAY; PROVIDING FOR OUTDOOR CAFES WITHIN
CERTAIN AREAS OF BEACH WALK; AMENDING LOCATION
AND DESIGN CRITERIA; AUTHORIZING SERVICE OF
ALCOHOLIC BEVERAGES IN OUTDOOR CAFES UNDER
CERTAIN CIRCUMSTANCES; AMENDING REVOCATION
CRITERIA; AND PROVIDING 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, since the effective date of the new Community Development Code, the
City of Clearwater has reviewed numerous development proposals in all of the new zoning
districts in all parts of the City that utilize the Minimum Standard, Flexible Standard and
Flexible levels of review, and;
WHEREAS, it being advisable to amend the provisions regarding outdoor cafes in
order to allow service of alcoholic beverages and clarify other requirements, design
provisions and revocation criteria, 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, Section 9-909. Outdoor Cafes located within public right(s)-
of-way, of the Community Development Code, be amended, and the same is hereby
amended to read as follows:
Section 3-909. - Outdoor cafes located within public right(s)-of-way.
A. Applicability. (i.) A restaurant or (ii.) a take-out food establishment with no
indoor seating may establish an outdoor cafe and shall be exempt from
parking requirements.
1. Outdoor cafes are allowed only in/on:
a. The Downtown District;
b. Those properties located in the Commercial District subject to
the Clearwater powntown Redevelopment Plan; a�
c. Those properties located in the Tourist District on Clearwater
Beach-; and
Ordinance No. 8331-12
d. The east side of that area known as Beach Walk as existinq
on the east side of Gulfview Boulevard befinreen the northerlv
terminus of Beachwalk south of the Gulfview/Coronado
confluence and the southern terminus of Beach Walk
approximately 330 feet south of Fifth Street and as located
within the Beach Walk District as qrovided in Beach by Desic�n
and further located in the Open Space/Recreation fOS/R]
District on Clearwater Beach provided the outdoor cafe is in
conjunction with a permitted restaurant in the adjacent Tourist
District.
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C. Location and design requirements.
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6. Outdoor cafes pursuant to Section 3-909.A.1.d, above, are restricted
to sidewalk frontage of the subject business applyinq for a permit and
may extend no more than 25 feet from the fa�ade of the subject
business. Under no circumstances may any portion of an outdoor cafe
extend into or obstruct any portion of the main pedestrian thoroughfare
(promenade) of Beach Walk. In addition, access to outdoor cafes
from the public riqht-of-way shall be limited to no more than one
entranceway. The perimeter of outdoor cafes shall be clearlv
delineated through the use of self-supporting fencing and/or landscape
planters and/or other such devices and methods as presented to and
approved by the Citv.
7. Any area in which an outdoor cafe is permitted shall be clearly
delineated on a drawinp accurately depicting the area and specificallv
delineating where alcohol beveraae sales are intended to occur. Such
a drawinc�shall be submitted to and approved by the City as part of a
Minimum, Flexible Standard or Flexible Development application, as
applicable.
D. Operational requiremenfs.
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14.Alcoholic beveraaes may be served in coniunction with any lawfullv
permitted outdoor cafe provided the business to which the outdoor
cafe is accessory is in possession of all required licenses.
E. Revocation of permit. Upon revocation of a permit, the community
development coordinator shall give written notice of such action by certified
mail, return receipt requested, to the permittee at the address listed on the
application, stating the reason(s) for revocation. The revocation shall become
effective 15 days following mailing of the notice if not appealed as provided in
2 Ordinance No. 8331-12
section 4-501A. The community development coordinator may revoke a
permit for any outdoor cafe if it is found that:
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5. The outdoor cafe is deemed by the Citv to not be in the City's or the
public's best interest, no longer meets the purpose and/or intent of the
zoninq district or any applicable overlay/special area plan and/or is
simply no longer a desired use/activitv.
Section 2. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
AS AMENDED
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Approved as to form:
Gc � ' -
Leslie K. Dougall-S d s
Assistant City Attor
June 20. 2012
July 19, 2012
— �t�r� c �1 t�Ci�CkoS
George N. Cretekos
Mayor
Attest:
,�' Q� hC �L� �. �ct�.
Rosemarie Call
City Clerk
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3 Ordinance No. 8331-12