TEMPORARY OUTDOOR USES - DURING COVID-19 EMERGENCY City of Delray Beach
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TEMPORARY
OUTDOOR
USES
DURING COVID-19 EMERGENCY
City of Delray Beach
Temporary Outdoor Uses | 1
Rev: 5.15.2020
Table of Contents
Introduction .................................................................................................................................................................. 3
Delray Beach COVID-19 Requirements for Temporary Outdoor Uses ................................................................... 4
Guidelines for Temporary Outdoor Uses .................................................................................................................. 4
Definitions .................................................................................................................................................................... 4
Use of Public Rights-of-Way for Sidewalk Cafés ..................................................................................................... 6
Conversion of Private Parking Spaces to Outdoor Use Area .................................................................................. 6
Conversion of Private Parking Lots and Parking Spaces ........................................................................................ 7
Conversion of Landscape Areas to Temporary Uses ............................................................................................... 7
City to Control Rights-of-Way and Revoke Temporary Conversions of Private Property..................................... 8
Illustrations................................................................................................................................................................... 9
Frequently Asked Questions .................................................................................................................................... 11
Temporary Outdoor Uses | 2
Rev: 5.15.2020
Introduction
On April 29, Governor Ron Desantis announced a plan for Florida’s re-opening beyond Covid-19. The Executive Order
No. 20-112, also referred to as “Phase 1”, took effect on Monday, May 4, 2020 at 12:01 a.m. and lasts until the governor
issues a subsequent order to commence another phase. The initial order did not affect Palm Beach, Broward, or Miami-
Dade counties. On May 11, Governor Ron Desantis issued Executive Order No. 20-120, extending “Phase 1” to Palm
Beach County. Executive Order Nos. 20-112 and 20-120 governing Palm Beach County provide the following:
• Bars, pubs, and nightclubs that derive more than 50 percent of gross revenue from the sale of alcohol
beverages* shall remain closed for on premise consumption.
*This includes establishments that have a state “quota” license for unrestricted alcoholic beverage sales.
• Restaurants and food establishments* licensed under Chapters 500 and 509, Florida Statutes, may allow on-
premises consumption of food and beverage, so long as they adopt appropriate social distancing measures
and limit their indoor occupancy to no more than 25 percent of their building occupancy. Appropriate
social distancing requires maintaining a minimum of 6 feet between parties.
*This may include establishments that derive more than 50 percent of gross revenue from the sale of alcohol
beverages but are ALSO a food establishment licensed under FS Ch. 500 or 509. The building occupancy
requirement may change based on Executive Order by the Governor.
• Parties should not exceed 10 people. Businesses should limit inside waiting areas for patrons waiting to be
seated.
• Businesses should thoroughly clean and disinfect all surfaces after each use.
• Businesses should consider a reservations-only business model or call-ahead seating to manage spacing in
restaurant.
• Outdoor dining areas should be prioritized with six-foot spacing between tables.
• All bar counter areas shall be closed to seating.
• On-site sale and retail businesses will be allowed to operate at 25 percent occupancy and should abide by
the safety guidelines issued by the CDC and OSHA.
• Facial coverings* are strongly encouraged to be worn for all those in face-to-face interaction roles (e.g.,
servers, retail workers) and where six-foot social distancing cannot be maintained.
It is strongly encouraged to test your workforce for COVID-19. Call the Palm Beach County Health Department 1
(866) 779-6121 for testing information or go to http://discover.pbcgov.org/coronavirus/.
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Rev: 5.15.2020
Delray Beach COVID-19 Requirements for Temporary Outdoor Uses
In conjuncture with the Governor’s Executive Order 20-112, the City of Delray Beach will temporarily allow businesses
to expand their business footprint outdoors and the footprint of existing outdoor uses and sidewalk cafés, subject to
approval by the Development Services Department. Social distancing practices are required for participation in
expanded outdoor use areas.
As part of this temporary approval, businesses may expand dining and retail areas to certain areas of private property
not typically permitted for business activity such as private outdoor areas and parking lots. Outdoor space may be used
during normal business operating hours. Tables must be separated by 6 feet (measured from back of chair to back of
chair). This program is intended to help restaurants expand capacity in compliance with the Governor’s Executive Order
20-112. This is not intended to create a gathering or social space for groups in excess of 10 people. Gathering in larger
groups will not be permitted in outside areas and may result in revocation of the temporary outdoor use approval.
In the interest of public safety, the following requirements will be applicable to all restaurants and retail businesses in
the City of Delray Beach:
• Indoor capacity is currently governed by executive order of the governor. Building occupancies may change
based on such orders and businesses are responsible for monitoring occupancy in accordance with such
orders.a
• All indoor and outdoor seating must be spaced at least six feet apart (measured from back of chair to back
of chair).
• Testing employees for COVID-19 is strongly encouraged. Call the Palm Beach County Health Department
1(866)-779-6121 or visit http://discover.pbcgov.org/coronavirus/ for testing information.
• Use disposable single-use paper menus.
• Provide easily accessible sanitizer for patrons and employees.
• Contactless ordering and payment processes are strongly encouraged.
• Restaurants are encouraged to use a reservation process to avoid capacity issues and to prevent patrons
from congregating while waiting for service.
• Restaurant patrons shall be seated at a table, picking up take-out food, or in a designated queue area six feet
from any seated or unseated person, or must leave the premises.
• Facial coverings* are strongly encouraged to be worn for all those in face-to-face interaction roles (e.g.,
servers, retail workers) and where six-foot social distancing cannot be maintained.
• Limit contact with dining guests by reducing the number of visits wait staff make to each table.
Guidelines for Temporary Outdoor Uses
The Guidelines for Temporary Outdoor Uses in the City of Delray Beach are provided to ensure businesses have the
greatest ability to operate successfully during the COVID-19 Phase 1 re-opening. The program leverages available
public and private space to be used to be used as expanded areas for restaurants and retail activity while maintaining
public health and public safety requirements.
Definitions
Sidewalk Café
A "Sidewalk Café" is a grouping of dining furniture which may include tables and chairs, approved by the City through
a Sidewalk Café permit and is situated and maintained outside within a public right-of-way, a portion of which
may be located in a public pedestrian way (sidewalk), between the building front (and/or side for corner lots)
and the curb at the edge of the roadway and such area is used for the consumption of food and beverages
Temporary Outdoor Uses | 4
Rev: 5.15.2020
sold to the public from an adjoining restaurant or other eligible business. Sidewalk Cafés are allowed only when in
compliance with this Section. City of Delray Beach Land Development Regulations Chapter 6.3.3.
Note: Sidewalk cafés are only permitted in the Central Business District. The process for obtaining a permanent
sidewalk café can be found here: https://www.delraybeachfl.gov/business/sidewalk-cafes
Outdoor Dining
Outdoor Dining may include a dining area with seats and/or tables located outdoors of a restaurant, coffee shop, or
other food service establishment, and which is (a) located entirely outside the walls of the subject building, (b) enclosed
on two sides or less by the walls of the building with or without a solid roof cover, or (c) enclosed on three sides by the
walls of the building without a solid roof cover (Source: American Planning Association, referencing Thousand Oaks,
California).
In Delray Beach, conventional outdoor dining is required to be approved on a site plan and is usually required to
provide parking for the use area. This program allows a temporary administrative approval process for such outdoor
uses, will not assess for a change in required parking, and requires removal of uses once program ceases.
Outdoor Retail Displays
An outdoor retail display and sales area is designated for the display of merchandise or tangible property normally
vended within the contiguous business or organization. Multiple items may be displayed on a rack but shall not be
stacked upon each other.
In Delray Beach, outdoor retail displays are usually limited to 10 percent of the square footage of the interior use of
the building. This program allows a temporary administrative approval process for such outdoor uses without limiting
the area and requires removal of uses once program ceases. Outdoor retail displays proposed on the public sidewalk
require submission of a Hold Harmless Agreement (See Sidewalk Café Permit Application)
Other Outdoor Uses
Please submit a statement of intent for such outdoor uses not defined above that includes how social distancing
guidelines will be met.
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Rev: 5.15.2020
Use of Public Rights-of-Way for Sidewalk Cafés
The City of Delray Beach recognizes the importance of outdoor dining to permitted businesses in the Central Business
District. These businesses applied for and were permitted by City Commission to allow Sidewalk café in the Central
Business District and only in the public right-of-way.
If these businesses choose to open during Phase 1, they shall follow the City of Delray Beach COVID-19 Requirements.
Of note, attention should be paid to the requirements for spacing of parties, gathering of patrons not seated, and
contactless ordering and payment. Businesses operating without a sidewalk café permit and who wish to apply for one
must submit a sidewalk café permit application.
Sidewalk cafés shall be strictly for the use of outdoor dining. New sidewalk café permits should be processed through
the typical café permit process established by the City.
Conversion of Private Parking Spaces to Outdoor Use Area
The City of Delray Beach is allowing business to safely and temporarily convert a portion of parking spaces to outdoor
use areas for expanded restaurant seating and retail display and sales areas, subject to the following criteria:
Private Parking Spaces: Up to 50% of required on-site spaces may be temporarily converted to other outdoor uses
to expand the footprint of the business operation.
Parking Lots Serving Multiple Businesses: Up to 50% of the parking spaces counted for required parking for the
business space may be temporarily converted to other outdoor uses, if the spaces are immediately adjacent to the
business.
Publicly owned parking spaces may not be converted to temporary outdoor uses.
No parking for persons with disabilities may be repurposed for any other use.
A physical barrier must be provided between the temporary outdoor use area and the vehicular areas for safety
purposes and to clearly demarcate the outdoor use area.
Illumination of dining areas and walkways must be provided if dining will occur during the evening. If the area is already
illuminated by streetlights or other light posts, please indicate so on the Temporary Outdoor Use Application.
Expressly prohibited operations for temporarily converted parking areas include cooking, temporary bars serving
alcohol, cleaning, storage, and other operational tasks performed by restaurants. The required landscape and buffer
areas for on-site parking spaces shall not be converted for other uses.
The converted use must comply with all local, state, and federal requirements for building accessibility, and social
distancing requirements for spacing of tables and pathways.
A business operating under a lease agreement must provide landlord or property owner authorization for
temporary new or additional outdoor seating (an email from the landlord/property owner is sufficient).
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Rev: 5.15.2020
Conversion of Private Parking Lots and Parking Spaces
Any conversion of use from parking to other uses must be defined with planters, traffic barricades, or other barriers to
define the space.
Examples of barriers include:
Traffic Barricade Straw Barricade Painted Plastic Barricades
Wood Palettes & Planters Tire Planters Plant
Approval may be contingent on reflective elements being added to these barriers. Reflective barriers assist people
driving see barrier and define space when lighting conditions are low.
Conversion of Landscape Areas to Temporary Uses
Landscape areas may be converted to outdoor uses where appropriate social distancing guidelines may be met. This
includes limiting parties of persons to no more than 10 and ensuring that any tables, chairs, or other amenities are
appropriately spaced. For example, converting landscape areas to outdoor dining will require six feet from back of
chair to back of chair and parties of no more than 10.
All landscape area conversions to outdoor uses must be on private property and are expressly prohibited on public
property.
Temporary Outdoor Uses | 7
Rev: 5.15.2020City to Control Rights-of-Way and Revoke Temporary Conversions
of Private Property
The City of Delray Beach reserves the right to remove a temporarily implemented outdoor use conversion that creates
any individual or combination of these conditions:
• Creates an obstruction to, or causes congestion of, pedestrian or vehicular traffic due to existing
conditions on the surrounding public right-of-way if it finds the installation represents a danger to
the health, safety, or general welfare of the public.
• A business that violates the executive orders of the State of Florida or the City of Delray Beach.
Removal of outdoor uses areas may be temporary or permanent based on conditions found in the executive orders.
Any costs incurred by the City for the removal or storage of materials and equipment shall be the responsibility of the
business. The City is not responsible for damages or loss of equipment removed pursuant to these guidelines.
Temporary Outdoor Uses | 8
Rev: 5.15.2020Illustrations
PARKING LOT CONVERSION SCENARIO
Temporary Outdoor Uses | 9
Rev: 5.15.2020BACK OF BUILDING PARKING CONVERSION SCENARIO (ADJACENT TO ALLEY)
LANDSCAPE AREA CONVERSION SCENARIO
Temporary Outdoor Uses | 10
Rev: 5.15.2020Frequently Asked Questions
I do not have a Sidewalk Café Permit; do I need a permit or approval to add tables and chairs
outside of my business during Phase 1 re-opening?
Yes. The City requires businesses to submit the Sidewalk Café Permit Application to create a sidewalk café. Note, this
only applies if your sidewalk café is located on public right-of-way. Businesses applying for a Sidewalk Café Permit do
not need to submit a Temporary Outdoor Use Application.
I have an existing Sidewalk Café Permit, what do I need to submit to expand my Sidewalk Café
further onto public rights-of-way (like the sidewalk)?
Business owners that have an existing Sidewalk Café Permit will need to submit the Temporary Outdoor Use
Application, Hold Harmless Agreement and any associated materials with the application, such as a Notice of Intent to
Use Property in Front of Adjacent Business available from the Community Improvement Department. Note, sidewalk
cafés are located on public right-of-way.
I have an existing Sidewalk Café Permit, but I want to expand my business outdoors onto my
private property, what do I need to submit?
Business owners that have an existing Sidewalk Café Permit who wish to expand their business onto their own private
property will need to submit the Temporary Outdoor Use Application and any associated materials.
I want to create new or add outdoor uses, am I allowed to do this on my property?
Business owners that want to expand or create new outdoor uses must submit a Temporary Outdoor Use Application
to the Development Services Department. We are here to help you throughout this process, please call 561-243-6055
for a planner to assist you.
Where do I submit the Application for Temporary Outdoor Uses?
The Temporary Outdoor Use Application is available on the City of Delray Beach Website. Development Services
planners can help you throughout this process, please call 561-243-6055 for a planner to assist you. Submit the
application to Rachel Falcone, Planner by emailing FalconeR@mydelraybeach.com.
I have a standalone bar, am I allowed to have outdoor uses?
The City does not currently allow standalone bars to have outdoor seating.
Does the City allow my business to take over on-street parking spaces in public right-of-way,
creating a parklet?
No. The City does not permit any business to create parklets or convert on-street parking spaces in public right-of-way
to any other use. No publicly owned spaces may be converted to temporary uses.
Do I need approval to alter my private parking spaces or parking lots to create new or
expanded outdoor dining space on my property?
Yes. The City requires businesses to submit the Temporary Outdoor Use Application for the temporary expansion of
or creation of new outdoor dining.
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Rev: 5.15.2020If my business is permitted to have additional or new temporary outdoor uses or sidewalk
café, what hours am I allowed to operate this area?
Additional or new outdoor dining areas should abide by normal business hours. Illumination of outdoor use areas and
walkways must be provided if nighttime activity is to occur. If no illumination is present during nighttime activity, the
outdoor use areas shall not be used at night. Please by conscious of noise and light pollution spilling into neighboring
areas or properties. Complaints may result in a modification or revocation of outdoor activities if issues persist.
What is the amount of outdoor capacity can my business have and how does it relate to indoor
capacity?
The amount of outdoor capacity is determined by factor such as the allowable reduction in required parking, the number
of tables that can be accommodated spaced 6 feet apart, the provision safe ADA-compliant pedestrian passage,
protection from vehicular areas, accessibility requirements, and fire access. We are here to help you with your layout.
Please call 243-6055 for a planner to assist you.
How does the 6-foot spacing rule work for restaurant dining?
The 6-foot apart rule means chairs must be placed 6 feet measured from back of chair to back of chair. Additionally, a
6-foot clearance between doors, lighting, curbs, and other vertical elements of a site must be maintained for
appropriate clearance. All outdoor uses must be placed 15 feet from a fire hydrant.
Can my business use a tent in my temporary outdoor use area?
The use of tents is prohibited in Delray Beach for these areas. Businesses are permitted to use patio tables with
umbrellas under the temporary program.
Can I plant new trees, change my parking layout, or paint my building?
Businesses or property owners are NOT allowed to make permanent alterations to properties under this program. The
regular site plan modification process is the only mechanism for approving such improvements to sites and buildings.
Participation in this pilot program does not allow any permanent, physical improvements to site.
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Rev: 5.15.2020Application Process
Temporary Outdoor Uses | 13
Rev: 5.15.2020You can also read
