5821-95 ORDINANCE NO. 5$21-T 5
AN ORDINANCE OF THE CITY OF CLEARUKATER,
FLORID.A, REIATING TO THE LAIND DEVELOPMENT
CODE; AMENDING SECTION 35w11_, CODE OF
ORD INAIZC113S, TO ESTA13LISH DEFINITIONS FOR
"OUTDOOR CAPE., " "S I DEWALK VENDOR, " AI�TD 11 VENDOR
STAND; " A IMI E N D I 1%G CHAPTER 41, CODE OF
ORDINANCES; CREATI�-,ING A NEW DIVISION 112 TO
ESTABLIS REQUIREMENTS FOR LOCATING A_ND
OPERATINI" OUTDOOR CAFES AND SIDEWALK VENDOR
OPERATIOINS; PROVIDING AN EFFEC TIVE DATE,
BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF CLEARWATER, FLORIDA:
Section 1 . Section 35 . 1111 , Code of ordinances, is amended to
read-
Sec. 35 .11. Definitions.
The following words, terms and phrases, when used in, this
development code, shall the meanings ascribed to them in this
section, except 7where the context clearly indicates a different
meaning:
"Open space" means an area of a lot receiving permeable
vegetative landscape treatment . For the purpose of computing the
minimum open Space of any lot or front yard, retention and
detention areas May be counted as open space and grassed surface
parking spaces which are required. by this development code shall
not be counted as open space .
1qOu+-door cafell means an outdoor restaurant area where food and
drink items are served for on-premise consumution and located in a
street setback area or 3Dedestrian- area.
"Outdoor commercial recreation/entertainment" means a bu- i
siness
is open to the public where customers pay the proprietor for
the use or enjoyment of recreational facilities or equipment in a.
location other than within an enclosed building .
!'Shrubs" means low-growing, self-supporting, woody, evergreen
plants indigenous to the municipal area which normally attain a
I-reater heights may be
h.eight of at least- 2 . 5 feet at maturity. �'_l L.
required under the terms of this development code depending on the
purpose that the shrubs are to serve .
lisi 2walk eoHorll means any _n��aed in the selli'i,,.q , o'er
_persp
offering-for--sal or food,__bevy=rages -merchandise or services for
i-mmediate deiiver�, from a vendor stand or_l--- r
son.
I'Side prop��rty knell uneans a property line which runs
Z 4- C line generally perpendicular or radial to the property _L -ie f rom which
the property is addressed.
"Vehicle sex-vice" means a business or commercial activity
primarily involved in servicing or -repairing of automobiles,
motorcycles truc'Ks, boats, recreational vehicles and other
similarly sized vehicular or transport mechanisms or heavy
machinery. As used in this development code, servicing shall
include but not be limited to washing, waxing, changing oil,
tuning, installing mufflers or shock absorbers, undercoating and
painting.
,a Vendor stand" means any :portable tablet showcase, bench
rack, oushcart., o�,_ similar device used for the displaying_, stgL�inq
or trans]2ortincT of articles offered for . r.
_gale by aaidewalk -ve-ndo,.-
"Video/electronic game room" means a specific type of indoor
commercial entertainment involving primarily video or electronic
games .
Section 2 . Chapter 41, Code of ordinances, is amended by the
creation of a new Division IL2 to read:
DIVISION !2 . OUTDOOR CAFES AND SIDEWALK VENDORS
Sec . 41 .221. outdoor cafes .
(1) Location and operation of outdoor cafes . outdoor, cafes
may be located and operated in street setback areas or otherwise
generally adjacent to, but not on, public sidewalks on Clearwater
each in the beach commercial, resort commercial 24 , and resort
commercial 28 districts, in the North Greenwood commercial
district, the commercial center district, and the urban center
district . Outdoor cafes may also be located and operated in the
pedestrian areas of shopping centers in the above districts and -4
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general commercial and highway commercial districts . All such
cafes shall be subject to the following provisions :
(a ) An outdoor cafe shall be not be located in any existing
or proposed parJ,,:Lir,-,g area, driveway, required open space , required
landscaped area, or vehicular access area, or in any area which
impedes safe access to the property or public rights-of-way,
including sight distance areas at street and driveway
intersections . f located on a sidewalk or pedestrian accessway,
an outdoor cafe s11-all not impede pedestrian access , and a mlinimutn
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of five feet of sideway or pedestrian access way W i :nth s all remain
unobstructed and available for pedestrian access . No outdoor cafe
shall be located closer than six feet frogs. an°% buy stop, fire
hydrant entrance; to a building (other than the building containing
the restaurant to which the outdoor cafe is accessory) , or
pedestrian crosswalk.
(b) An outdoor cafe, when located: on private sidewalks or
immediately adjacent to public or private sidewalks, shall be
enclosed'' by a fence, wall, or other sturdy barrier of between 30
and 42 inches in height, notwithstanding any other code requirement
concerning fence or wall height .
(c) An outdoor cafe, when located can private sidewalks, shall
consist of movable tables, chairs, umbrellas, awnings, canopaL`c. s, or
seating. Umbrellas, awnings, canopies and similar strut Lures shall
be designed and installed to not interfere with pedestrian traffic
and to meet the wind; resistance requirements of this code
(d) An outdoor cafe shall be accessory to a restaurant use .
Sufficient restroc)m capacity shall be provided in the restaurant to
accommodate the seating capacity of both the restaurant and outdoor
cafe;
(e) An outdoor cafe may be illuminated, but such illumination
shall not extend beyond the immediate perimeter of the outdoor cafe
area:.`
(f) An outdoor cafe shall not be operated later than the
operating hours of the associated restaurant, or between the hours
of 2 : 00 a.m. and 6 : 00 a.m. , whichever is more restrictive .
(g') Live entertainment shall not be provided and outdoor
speakers shall not be used in conjunction with any outdoor cafe
located within 200 feet of any residential zone .
(h) An outdoor cafe shall be located on paved, tiled., brick
or other hard surfaces, and shall be maintained by the operator in
a litter-free and, sanitary condition.
E � od JR CLeA cafes shall ensure that _: lt
%i ed¢sc.L.c
operations and service procedures that occur at the outdoor cafe
comply with all applicable food sanitation regulations and health
codes .
(; ) An outdoor cafe located on public property shall have
prior approval from the applicable governmental entity in addition
to the above requirements .
(k) outdoor cafes shall comply with any applicable design
guidelines in effect for the zoning district in which they are
located.
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(1) utdoor cafes shall be designed and operated so that thee
is no customer service on or across public sidewalks .
(2) Signage . An outdoor cafe may be identified with canopy
signs so long a
-he canopy signs are calculated as part of the
total allowable attached si,gnage for the restaurant . �i�C��s �„,�
umbrellas covering individual tables seating eight or 'fewer peprsons
identifying the 'restaurant or goods or, services offered at the
restaurant shall be exempt from the sign requirements .
(3) Parking. In order to promote outdoor cafes, the area
devoted to outdoor cafe use shall be exempt from the parking
requirements of section 42 . 34 of this code up to a maximum of 25
percent of the total seating capacity of the restaurant, but this
exemption shall not be construed as exempting the outdoor cafe
seating capacity or area of operations from the calculations for
the transportation impact fee, if required.
(4) other exemptions .
(a) Alcoholic beverage cumulative floor area requirements .
In order to promote outdoor cafes, the area devoted to outdoor cafe
use shall be exempt from the cumulative fl oor area requirements for
restaurants serving alcoholic beverages under section 41 . 071 of
this code up to a maximum of - 5 percent of the total seating
capacity of the restaurant, but this exemption shall not be
construed as exempting the outdoor cafe -frOM being required to be
reviewed ,as conditional use, if otherwise applicable .
(b) Restaurants in .Motels/motels in the :resort commercial
districts . In order to promote outdoor cafes, the area devoted to
outdoor cafe use shall be exempt from the 3 , 500 square foot floor
area requirement for existing restaurants in hotels/motels in the
resort commercial districts up to a maximum of 25 percent of the
total' seating ,capacity Of the restaurant, but this exemption, shall
not be construed as exempting the outdoor cafe from being required
to be reviewed as a conditional u. e, if otherwise applicable..
Sec . 41 .222 . Sidewalk vendors
(I_) Sidewalk vendor location and operation. Sidewalk vendors
may locate and operate in public park areas or areas immediately
adjacent thereto in the urban center district subject to the
following provisions :
(a) Sidewalk vendors and vendor stands shall not be located
within five feet of a street curbline or edge of pavement or in
any existing or proposed parking area, driveway, required open
space, required landscaped area, or vehicular access area., or in
any area. which impedes safe access to the property or public
rights-o, -way, including sight distance areas at street and
driveway intersections . if located on a sidewalk or pedestrian
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accessway, sidewalk vendors and vendor stands shall; not irripede
pedestrian access, and a minimum of f ive feet of sidewalk or
pedestrian access ay width shall remain available for pedestrian
access . Sidewalk vendors and vendor stands shall not be located on
public sidewalks of less than, eight feet in width, nor shall any
sidewalk vendor or ve-_ndor stand be located closer than six feet
from any bus stop, Lire hydrant, doorway or entrance to a building,
or pedestrian cros's-INalk.
(b) All id.e,,#al k vendors selling food items shale. maintain a
litter receptacle for the use of patrons
(o) A vendor :stand may b e illuminated,, but such illumination
shall. not >extend beyond: the immediate perimeter of the stand.
(d) Sidewalk vendors and vendor stands shall not be operated'
between the hours of 10 , 00 p .m. and 6: 00 a.m.
(e) Sidewalk vendors and. vendor stands shall be located on
paved:, tiled, brie: or other hard surf-aces, and shall be maint w.3-head
by the operator in a litter-free and sanitary condition.
( ) A vendor stand shall not be located against display
windows of any building, nor shall any vendor stand be wider than
four feet., longer -than ten feet, or higher than eight feet .
(g) Sidewalk vendors serving food shall ensure that food
operations and service procedures comply with all applicable food
sanitation regulations and health? codes . No sidewalk vender shall
serve or sell alcoholic beverages .
(h) A sidewalk vendor located on public property shall have
prior approval from, the governmental entity owning or leasing the
property, in addition to the above requirements .
(i) Sidewalk vendors shall comply with any applicable design
guidelines for the zoning district in which they are located.
(2) Signage . A vendor stand may be identified with a sign or
signs identifying the sidewalk vendor operation or goods or
services offered by, the sidewalk vendor, so long as total area of
the sign or signs attached to a vendor stand does not exceed 20
percent of the total area of the portion o' the stand or umbrella
to which the sign or signs are attached, up to a. maximum of eight
square feet of total signage area for the sidewalk -rendor
operation.
(3 ) Parking Sidewalk vendors and vendor stands shall be
exempt from the pas:,king requirements of section 42 . 34 of this code,
but this exemption shall not apply to any rewired transportation
impact fee .
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Sec. 41 .223 . Approval process .
f-
1, L) Required submissions . The owner or operator of a
-ro-o,sed out-doo.- cali-e or sidewalk vendor operation shall furnish
e e - U_
the fo"11--lowinng to the development code admillIsstrat'--or ;
�e �
�al An application. for an occupational license, including a
letter of intent outlining, as applicable, the locatio:a and
duration, of use, proposed merchandise or services offered for sale ,
proposed staffing and attire of any person involved _n, the
operation (bathirlqr Suits and similar attire shall not e I , e�k b
,number of seats, proof of county health department apprpval, and
the name and addx:eSS of owner and operator shall be --ibmitted,
Such letter shall include a commitment to comply with the
requirements of this ordinance generally, and the indemnification
and insurance requirements of this ordinance specifically. The
requirements of this ordinance shall be attached ic the application
and shall be deemed incorporated in the applicat-Jon by reference,
subject to such ame-ndments as the city commission may from time to
time adopt .
(b) Where a> canopy, umbrella, awning or similar structure is,
to be used, the following requirements or documentation shall be
met :
1 . The maximum number of occupants allowed under the canopy,
umbrella, awning or similar structure shall be indicated in
I
accordance with the requirements of the fire marshal .
2 . In conjunction with an occupancy limit , a seating plan
shall also be submitted for review and approval by the fire
marshal .
3 . A certificate of flame resistance shall be submitted
which will provide assurance that the structure has been properly
treated with flame retarder and has been maintained as such.
(c) A sketch, plan or layout- drawn to scale shall be
submitted and shall show the location or placement of the outdoor
cafe or sidewalk vendor operation in conjunction with adjacent
streets, parking, attendant accessory uses , existing or proposed
structures, vehicular and pedestrian traffic movement or flow
pattern, fire hydrants, bus stops, and entrances and exits to and
from the site and adjoining properties .Les . A,
pplicants for outdoor
cafes or sidewalk vendor operations located on public property
shall execute a license agreement in a form to be provided by the
city manager, and shall accept any terms which may reasonably be
required in such agreements , including proof of insurance .
(d) Fees in accordance with the provisions of' this code and
any city fee schedule shall be submitted with the application for
an occupational I.-License .
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(2) The develo-oitient code administrator shall distribute
copies of the above to the appropriate city departments
for review. Wit"'�'J-n ten days froyn, the date of submittal, the owner
:notified of city action or decision on the
Pr operator wil'I be not-
L
r e qu,=-s,
Sec . 41 .224 . Property rights; Ind e=nif ication; term of
approval.
(I.) The approval of an application for sidewalk vendor or
outdoor cafe ope-rations on public properiCy shall, convey to the
applicantt-- no leasehold or other property interest or p opera
l"r
rights of any kind in the use of the public property for such
purposes . A sidewalk vendor or the operator of an outdoor cafe on
public property shall be deemed to have a revocable, nonexclusive
license or permission to use a def ined area of the public property
in strict accordance with the terms of this ordinance and any terms
or conditions which may be imposed by the city in approving the
application for sidewalk vendor or outdoor cafe operations, but
shall not be deemed to be an agent, contractor, officer or emplovee
of the City of Clearwater.
(2) Each sidewalk vendor and operator of an outdoor cafe on
public property shall, by acceptance of a license to operate on
public property, be deemed to have agreed to, and shall agree to,
defend, indemni�f wy, and hold the City of Clear later and its officer
and employees harmless from any and all claims for liability for
bodily in-iury, including death, arid property damage arising
directly or indirectly from the sidewalk vendor operan.ons or
outdoor cafe operations, excluding damages and liability arising
solelv from the negligence of the City of Clearwater or its officer
and employees acting within the scope of duties of their
employment .
(3) An. approval of an application for sidewalk vendor or
outdoor cafe operations on public property shall have a term of one
year, shall expire on September 30 of each year, and is renewable
at the time of renewal of the occupational license, sub, ect to
compliance with the terms of this ordinance and any terms or
conditions which may be imposed by the city in approving the
application.
Sec. 41 . 225 . Proof of insurance.
I
outdoor cafes and sidewalk vendor operations , when located on.
public property, shall be insured at all times with a liability,
insurance policy written by an insurance company authorized to do
business in the State of Florida with minimum limits of "I500 , 000
per incident . The insurance coverage required shall be written on
an ,occurrence baSiS" with the policy providing full coverage from
the first dollar of exposure with no deductible or self- insured
retention . If alcoholic beverages are served, the minimum
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'Liability insurance shall be $1 , 0C,0, 000 per incident . Such proof
of the existence cif liability insurance meeting the requireme-r.,>"s of
this ordinance as shall be requested by the W city, s risk mianager,
half be subM teed to th:e city a:nd approved by the city�, s risk
tanager prior to actual operation of a.-,A out-door cafe or sidewalk
vendor operation and annually thereafter unless reque-sted on a mo-, e
frequent basis . The city small be show as a. cent .f i.cat-e holder :L.Jrl
any certificate of insurance issued and no insurance coverage or
conditions afforded by - ch liabi''ity insurance policy shall be
suspended., voided, canceled or modified except: after 30 days prior'
written notice by certified mail return, receipt requested has been, .
given to the city' s risk management office .
Sec. 41.226 . Fees.
(1) For an outdoor cafe located on public property, in whole
or in part, an annual fee of $1 . 00 per square foot of public
property used in the operation by the outdoor cafe, in addition to
all other applicable occupational license fees, shall be paid 'by
the applicant to the city prior to issuance of any occullpat-iona.l
license for the outdoor cafe use An outdoor cafe not located on
public property shall be governed by- the same occupational license
fees charged to restaurants for outdoor seating.
(2) For ai sidewalk vendor locate d on public property, in
whole or in part , an annual fee of '-100 . 00 for vendors associated
with a restaurant and $250 . 00 for other vendors, in addition to all
other applicable occupational license fees, shall be paid by the
applicant to the city prior to issuance of any occupational_ :license
for the sidewalk vendor operation.
(3,) In addition to the above fees , if a portable cooking or
heating warming appliance fueled by propane gas is used in an
outdoor cafe or sidewalk vendor operation, a fee of $12 . 50 shall he
paid to cover the costs of fire marshal review.
Section 3 . The provisions of this ordinance are found and
determined to be consistent with the City of Clearwater
Comprehensive Plan.
'eL..a...LZ,,,+n4_m This LLi11dl: ' sCia11 Lame effect immediately upon
adoption.
PASSED ON FIRST READING June 15, 1995
PASSED ON SE C'OND AND
E'lNAL READING AND ADOPTED July 20, 1995
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r� ti r';
p �,^+mow"L,F ��y, yy ++99 ((..��
Rata Garvey, Mao -C [EA L issil,Jn Y. r
Attest :
kp-prc gyred as to form and
legal sufficiency:
Pamela K. Akin City Attorney
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