Temporary Waiver of Permitting For Outdoor Business Activities, Including Outdoor Dining and Sales

Updated: Jul 28, 2020

Special Notice 2020-11

Unlike previous disasters experienced by the City of Kissimmee, the City’s response to the novel coronavirus (COVID-19) has been atypical, unprecedented and has compelled adjustments to standard City requirements for the betterment of the community.

On April 29, 2020, Governor DeSantis issued Executive Order EO-112, (Phase 1: Safe. Smart. Step by Step. Plan for Florida’s Recovery) modifying and superseding Governor EO-71 to permit limited occupancy for retail and on premises food consumption at restaurants, including allowing outdoor seating. As many businesses are incrementally opening for operations during this pandemic, there is a need to increase the space allocated to outdoor retail sales and restaurant operations, since indoor capacities have been limited due to the social distancing. In order to provide immediate regulatory relief to businesses, effective as of the date of this Special Notice, the City will suspend the requirements for temporary permits related to outdoor dining, outdoor sales and temporary signage for the next 90 days.

The following conditions are applicable to this Special Notice:

A) OUTDOOR DINING AND SALES: Restaurants and retail establishments shall be allowed to extend operations outdoors, without requiring a permit or other authorization, during the duration of this program on private property, and may be authorized by the Development Services Department within City rights-of-way (sidewalks), in accordance with the following: 1. Allowed on private walkways where a minimum of 4 feet clear space for pedestrians is maintained.

  1. 2. Allowed in private parking lots where the location does not conflict with traffic circulation, fire lanes, handicapped parking spaces.

  2. 3. Parking spaces may be used as long as the minimum number of spaces required by City Code for the level of occupancy allowed by executive orders is made available for parking.

  3. 4. Within the public rights-of-way (sidewalks), such outdoor dining and sales shall provide a minimum of 5-ft clearance for pedestrians, shall be located closest to the private property line away from the street curb, and is only authorized for the business directly adjacent to the right-of-way (sidewalk) used.

  4. 5. Tents of less than 120 square feet in area may be placed on private property without a permit. Such tents may be located on a public sidewalk consistent with the location requirements of d. above and must be secured by means that shall not impact any public improvements.

  5. 6. By participating in this program, each business and property owner agrees to release the City from any liability that may arise due to the use of the right-of-way

  6. pursuant to this program, and further agrees to indemnify and hold harmless the City from and against any and all claims, damages, losses and expenses arising out of or resulting from the use of the right-of-way, including any claim of damage or injury from a patron of the business pursuant to this program.

  7. 7. Impact fees normally applicable to the conduct of temporary outdoor business activities shall not be collected for the duration of this program, as interior capacities are limited.

  8. 8. Noise control and any other regulations governing outdoor dining and sales in Section 14-2-65 of the City Code shall remain in effect.

B) TEMPORARY SIGNS: The enforcement of requirements for Temporary Signs addressed in Section 14-2-157 for all business establishments seeking to place such signage on private property during the duration of this program is hereby suspended. No temporary signage shall be permitted on public rights-of-way, nor shall the placement of said signage interfere with traffic circulation, sight triangles, pedestrian access, public safety or minimum parking space requirements. No offsite signage shall be permitted under this program.

C) GENERAL PROVISIONS: All temporary activities and signs authorized by this program shall be removed should a tropical storm warning (or greater) be issued for Osceola County. Additionally, all activities are only allowed for legal or legal non-conforming businesses located in the proper zoning district, which have obtained a valid business tax receipt from the City of Kissimmee. Violation of any federal, state or local law, or violation of any of the terms or conditions of this program, will result in the termination of all activities, signs and temporary uses authorized by this program.

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