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Government » City Departments » Development Services

Sidewalk Cafes Permits

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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 sold to the public from an adjoining restaurant or other eligible business. ted Sidewalk Cafés are allowed only when in compliance with LDR Section 6.3.3. 

To submit a sidewalk cafe permit application, click here to visit our newly launched eServices portal.

Checklists and Documents

Sidewalk Cafe Application

Checklist is required for all submittals. Each item must be acknowledged by the applicant prior to submittal.

Sidewalk Cafe Permit (hyperlink)

Supplemental Forms
  • Sidewalk Cafe Affidavit and Hold Harmless
  • Intent to Use Property In Front of An Adjacent Business (Separate Application required from primary business)
  • Owner's Consent and Designation of Agency
  • Sidewalk Cafe Application Diagram and Insurance Certificate Examples
  • Click here to view the Sidewalk Cafe Right of Way Map

Note: Additional information and/or documentation may be requested to assist with the review of the request and ensure compliance.

Frequently Asked Questions (FAQs)

What is a Sidewalk Cafe?
What is a Sidewalk Café?
A Sidewalk Café is an outdoor dining area consisting of tables and chairs, approved through a Sidewalk Café permit issued by the City. Sidewalk Café seating is located in front of a business. All Sidewalk Cafés must comply with LDR Section 6.3.3 to receive approval of a permit prior to operating.
How long is a Sidewalk Cafe permit valid?
Permit Validity and Renewal
  • Sidewalk Café permits are valid for one year and must be renewed annually by July 1st.
  • Existing permits not renewed by the deadline will incur late fees upon submission of the renewal application.
  • Businesses operating without a valid permit are subject to code enforcement action.
  • Renewal applications are reviewed under current regulations—there are no grandfathered approvals.
What if regulations change and a permit is no longer compliant?
Regulation Changes and Compliance
If regulations change and an approved Sidewalk Café no longer complies, the approved Cafe  may remain legally non-conforming until the next renewal date, unless otherwise specified by ordinance. Businesses should stay informed about regulatory updates to ensure compliance.
What if a sidewalk cannot comply with regulations?
What if a sidewalk cannot comply with regulations?

 If a sidewalk cannot comply with regulations, it is possible to request a Sidewalk Cafe permit with relief. 

Can Sidewalk Cafe seating extend to include the business next door?
Can Sidewalk Cafe seating extend to include the business next door?

Yes, but a separate application is required for the space, along with signatures from the property/business owner. 

Is a new application required in the event of an ownership change?
Ownership Changes
In the event of a change in ownership, whether by sale or transfer, a new application must be submitted, including a Hold Harmless Agreement. For more details or to apply, please contact the City’s permitting office.

Fees

Application & ROW Fees
  • $150.00 Application Fee + $4.75/sq. ft. for areas adjacent to or within a City right-of-way
  • $150.00 Application Fee + $5.00/sq. ft. for areas adjacent to or within the Atlantic Avenue FDOT right-of-way
  • $150.00 Application Fee + $6.50/sq. ft. for areas adjacent to or within NE/SE 5th and 6th Avenues FDOT right-of-way
  • $150.00 Application Fee + $10.00/sq. ft. for areas adjacent to or within Ocean Blvd./A1A FDOT right-of-way

Please provide the application fee and the square footage fee as two separate payments.

100 NW First Avenue, Delray Beach, FL 33444

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