9487-21and
Ordinance No. 9487-21
AN ORDINANCE OF THE CITY OF CLEARWATER MAKING AMENDMENTS TO THE
COMMUNITY DEVELOPMENT CODE BY AMENDING SECTION 3-909.B OUTDOOR
CAFES LOCATED WITHIN PUBLIC RIGHT(S)-OF-WAY BY CLARIFYING WHO MAY
OBTAIN OUTDOOR CAFE PERMITS AND THAT SUCH PERMITS EXPIRE ON A
YEARLY BASIS AND REQUIRE RENEWAL; BY AMENDING SUBSECTION 3-909.C,
LOCATION AND DESIGN REQUIREMENTS BY ALLOWING OUTDOOR CAFES TO BE
LOCATED IN ADJACENT STREETS IF CLOSED TO VEHICULAR TRAFFIC AND
AUTHORIZED BY THE CITY; BY AMENDING SUBSECTION 3-909.D OPERATIONAL
REQUIREMENTS TO REQUIRE OUTDOOR CAFE OPERATORS TO BE
RESPONSIBLE FOR MAINTAINING OUTDOOR CAFE AREAS IN A NEAT AND
ORDERLY APPEARANCE AND FREE AND CLEAR FROM DEBRIS; BY AMENDING
APPENDIX A, SCHEDULE OF FEES, RATES AND CHARGES, VIII LAND
DEVELOPMENT, (1) LEVEL ONE, BY ESTABLISHING A REDUCED RENEWAL FEE
FOR OUTDOOR CAFE PERMITS AND DELETING A DUPLICATIVE AND HIGHER FEE
FOR OUTDOOR CAFE PERMITS; CERTIFYING CONSISTENCY WITH THE CITY'S
COMPREHENSIVE PLAN AND PROPER ADVERTISEMENT; PROVIDING FOR
SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, outdoor cafes encourage pedestrian traffic and activity and redevelopment;
WHEREAS, outdoor cafes provide a unique environment for relaxation and food
consumption; and
WHEREAS, it is advisable to clarify certain permitting requirements for outdoor cafes;
and
WHEREAS, the established permit requirements and operational standards are
necessary to protect and promote the general health, safety and welfare of the residents of the
city, now therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA:
Section 1. That Article 3, Development Standards, Section 3- 909. Outdoor cafes located
within public right(s)-of-way, Community Development Code, be amended to read as follows:
Section 3-909. Outdoor cafes located within public right(s)-of-way.
B. Outdoor cafe permits . The community development coordinator shall
review all outdoor cafes as an allowable encroachment into the public right(s)-of-way subject to
compliance with the location, design and operational requirements below.
1. An outdoor cafe permit shall only be issued to a person who has paid the business tax
for a business establishment and who wishes to provide tables and chairs on the right-
of-way consistent with this section.
Ordinance No. 9487-21
2. Outdoor cafe permits expire on September 30th of each year and shall be renewed
Yearly to continue operation of the cafe.
C. Location and design requirements.
1. Outdoor cafes are restricted to the sidewalk frontage of the subject business applying for
a permit,
provisions of Section 3 909.0.10. In the Cleveland Street Cafe District such cafes may
also extend the linear distance of any adjacent business frontage, in accordance with the
provisions of Section 3-909.0.10. If authorized by the city, outdoor cafes may also
extend into the adjacent Cleveland Street right-of-way provided the street is closed to
vehicular traffic and all applicable ADA requirements are met.
Section 2. That Article 3, Development Standards, Section 3- 909. Outdoor cafes located
within public right(s)-of-way, be amended to read as follows with subsections re -numbered as
appropriate.
D. Operational requirements.
15. The outdoor cafe operator is responsible for maintaining the outdoor cafe area and five
feet beyond its perimeters in a neat and orderly appearance at all times and shall clear
all debris on a periodic basis during the day and at the close of each business day. City
owned waste receptacles shall not be used for cafe food and waste disposal.
Section 3. That Appendix A, Schedule of Fees, Rates and Charges, VIII. Land
Development, Section (1) Level 1 Community Development Code, be amended to read as
follows.
Appendix A, Schedule of Fees, Rates and Charges, VIII. Land Development
(1) Level One
(i) Outdoor cafe initial permit (applicable only if located within the public right(s)-of-way)
.. $50
Yearly renewal $25
(m) Dog -friendly restaurant $75
Ordinance No. 9487-21
Section 4. 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 5. 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 6. 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 7. Notice of the proposed enactment of this Ordinance has been properly
advertised in a newspaper of general circulation in accordance with applicable law.
Section 8. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
SEP 1 6 2021
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Approved as to form:
Matthew Mytych
Assistant City Attorney
OCT 0 7 2021
14d
rank V. Hibbard
Mayor
Attest:
Ordinance No. 9487-21