To provide relief to businesses as they prepare to open for operations as part of Gov. Ron DeSantis Phase I of the “Safe.Smart.Step by Step Plan” for Florida’s Recovery, the city of Kissimmee has waived the requirements for temporary permits related to outdoor dining, outdoor sales, and temporary signage for the next 90 days.
This program will allow businesses to have additional seating or retail spots outside of their main establishment for some time since indoor capacities have been limited due to social distancing. The following conditions apply to this program:
Outdoor dining and sales: restaurants and establishments shall be allowed to extend operations outdoors, without requiring a permit or authorization during the duration of this program on private property. They may be authorized within city rights-of-way (sidewalks) per the following:
1. Allowed on private sidewalks where a minimum of 4 feet clear space for pedestrians is maintained.
2. Allowed in private parking lots where the location does not conflict with the traffic circulation, fire lanes, or handicapped spaces.
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.
4.Within the public rights-of-way (sidewalks), outdoor dining and sales shall provide a minimum of 5 feet clearance for pedestrians. They shall be located closest to the private property line away from the street curb. This only applies to businesses that are directly adjacent to the sidewalk used.
5.Tents of less than 120 square feet in area may be placed on private property without a permit. These should be secured by means that shall not impact any public improvements, and if placed on a sidewalk, shall follow the location requirements of item number four (4).
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 according 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 according to this program.
7. Impact fees ordinarily applicable to the conduct of temporary outdoor business activities shall not be collected during the duration of this program, as internal capacities are limited.
8. Noise control and any other regulation governing outdoor dining and sales in as established on city code will remain in effect.
Temporary signs: business establishments that seeking to place signage on private property during the duration of this program is temporarily suspended. However, no temporary signage will be allowed 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 will be allowed under this program.
General provisions: All temporary activities and signs authorized by this program will be removed should a tropical storm warning (or greater) be issued for Osceola County. Also, 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 (BTR) 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.
The waiving of these permits is part of the City’s COVID-19 business development and sustainability assistance program that focuses on providing relief to businesses within the city. For more information about the city of Kissimmee, visit www.kissimmee.org or call 407-518-2379.