What's New with Outdoor Dining?

Published on November 21, 2024

Written by: Nicole Delfino
Strategy & Sustainability Manager

The City of Dunedin's Outdoor Dining Ordinance 24-23 amending the Land Development Code 107-32, addressing the regulation of outdoor dining and sidewalk cafés, was recently revised and amended by the City of Dunedin Commission on September 7, 2024.  The revision aimed to define outdoor hospitality and distinguish private property usage and right of way usage, as well as address several other nuances in the previous code while ensuring the comfort and safety of patrons and residents.

Background on Discussions:

Initial discussions on the need to revise the Dining Ordinance began in the community with key leaders and were brought to the City through the gathering of the Downtown Task Force in 2022.  A public notice was sent in mid-2022 to call together those interested in solving some of the challenges that faced the community.  With that call to action, the Downtown Task Force was created and its first official meeting held in September of 2022.  The Task Force consisted of 18 members of the community and City Staff, including five members representing the Hospitality industry, five members representing the Retail industry, one Chamber of Commerce representative, one Downtown Dunedin Merchants representative, five residents, and the City Manager. After several meetings, a report was created in which the group identified and prioritized key issues they felt important to address through collaboration with City leadership and staff.

Three priorities were identified:

• To create a group of representatives to continue the discussion on key issues and topics,
• To address Outdoor Hospitality and,
• To evaluate current codes for practicality of enforcement. 

With that direction, the Business Resident City (BRC) was created and held its first meeting in January 2023, with outdoor dining on the agenda.  The BRC, a volunteer group, followed similar membership composition to the Task Force and consisted of a nine- member council including four businesses, four residents, and the City Manager.  Through quarterly meetings and a few special meetings, the BRC group spent more than a year and half discussing and debating the specifics of the Outdoor Dining language of the current and revised ordinance.  

A key function of the BRC was to ensure transparency and open lines of communication while collaborating with businesses, residents and city staff to shape a balanced ordinance.  Through the process, City staff worked with this key stakeholder group to identify pinch points in the language of the ordinance and to work these out to the best of the group’s ability before moving the ordinance through the legal and legislative process.  In meeting those goals, the group was extremely successful.

Ordinance Development & Updates:

The BRC discussions emphasized aligning the regulations with national best practices, balancing business needs with residential concerns, and ensuring that the city's outdoor dining areas contributed to a vibrant community. During the many meetings to review and revise the ordinance language, key concerns that emerged during these discussions included parking availability, restroom facilities, noise management, and ensuring equitable use of outdoor spaces by businesses.  The notable changes are detailed below.

Separation of Outdoor Hospitality and Sidewalk Café Regulations:

The new ordinance distinctly separates rules for outdoor dining on private property (referred to as outdoor hospitality) from those for sidewalk cafés located in public rights-of-way. This clarification ensures businesses understand which provisions apply to their operations.

Permit and Review Process:

Under the outdoor dining ordinance, a conditional use approval is required for businesses operating outdoor hospitality areas larger than 2,000 square feet.   Administrative review and approval is provided for those areas with less than 2,000 square feet of outdoor dining area.

Fencing and Barrier Requirements:

The ordinance mandates that outdoor hospitality areas be enclosed by defined barriers such as fencing or planters, with strict guidelines on materials and height. Fencing materials now include PVC, wrought iron, or wood, or other similar material with barriers required to maintain sight visibility in right of way uses. 

Noise and Hours of Operation:

A key change is the removal of the word “vacate” from the previous ordinance, which had required patrons no longer occupy outdoor spaces after 11 p.m. on weekdays and midnight on weekends. The vacate provision was removed and patrons may continue to use outdoor spaces after 11 p.m., given they adhere to the noise ordinance. The noise ordinance, which is a separate ordinance, restricts sound to ensure quality of life for all. 

The hospitality ordinance does include specific protections to mitigate noise. 

1.  The inclusion of a nuisance penalty stipulates a business may be fined or penalized if repeat noise offenses occur.

2. Businesses are required to acknowledge and provide a signature to demonstrate their understanding of the noise ordinance.

3. And the third provision, is to provide for a taller buffer, up to 8’, between a commercial and residential property.  As part of this buffering protection, also required is a sound attenuation plan by a qualified professional to further protect neighboring properties.

Parking and Restroom Facilities:

Businesses must provide adequate parking and restroom facilities for the capacity of their outdoor hospitality areas, aligning with Florida Building Code requirements. This ensures that establishments do not overextend their facilities to accommodate outdoor patrons.

Grandfathering and Compliance:

Outdoor hospitality areas with prior outdoor dining permits are allowed to continue operating under prior approvals, provided they do not expand without a permit. However, non-compliant expansions after 2011 must seek approval under the revised ordinance.  The revised ordinance provides for three years, or until September 1, 2027, for any property operating outdoor hospitality or sidewalk cafes to come into compliance.

Conclusion:

Ordinance 24-23 amending the Land Development Code 107-32 reflects the City's efforts to modernize its approach to outdoor hospitality, promoting a pedestrian-friendly environment while balancing business interests with residential concerns. The revisions provide clear distinctions between different types of outdoor operations and introduce new standards for compliance, aiming to foster a harmonious and attractive public realm. 

For any questions relating to Outdoor Hospitality and the application process or review, please contact Kevin Nurnberger with the Community Development Department at 727-298-3210 or KNurnberger@DunedinFl.Net. 

For the commitment to the both protection and enhancement of our community, a huge shout out to all of those members of the Downtown Task Force, the BRC, and those interested members of the community that stuck with the process and attended numerous meetings.  New friendships, bonds, and understanding was shared as the group went through this often arduous process.  The Dunedin’s community vibe is built on mutual understanding, collaboration, purpose and camaraderie and this process was a great example of that intrinsic vibe.  Aloha!