Sidewalks in downtown Naples are so crowded that city officials plan to add 3 feet to the required walking space next to outdoor dining — and increase fees for using public property.
The city Planning Advisory Board voted 6-1 on Jan. 8, with PAB member William Kapler opposing, to recommend that Naples City Council amend the city ordinance to require an 8-foot clear path and to increase annual permit fees to use public property for outdoor dining. Restaurants that now have a 5-foot clear path between the restaurant and sidewalk or landscaping will be grandfathered in. The PAB’s recommendation now heads to Council for a public hearing.
“Literally, two people can’t walk side by side at 5 feet,” PAB member Patrick Coughlan said of congested city sidewalks. “It just doesn’t happen.”
It’s the second time the issue has come up before the PAB and City Council. In 2023, before Council held a second public hearing, the city attorney asked for more time to consider the implications of Florida Senate Bill 250, which later became law in July 2023. It prohibits municipalities affected by hurricanes Ian and Nicole from making further restrictions on private properties until after October 2026. But because the proposal doesn’t involve private property, the proposal is now moving forward.
“Currently, there’s only a requirement for a 5-foot clear path, meaning if you have outdoor dining in a sidewalk area or in a public right of way, you’re only required to maintain 5 feet of clear distance of the sidewalk,” City Planning Director Erica Martin told the board, noting the commercial requirement for sidewalks is usually 8 feet. “It seemed logical to increase that clear path to 8 feet. That would allow better walkability down Fifth Avenue and other public spaces.”
Most outdoor dining establishments are on private property, and many don’t exceed 100 square feet, but 15 restaurants within the Fifth Avenue South Overlay District have permits to use public space. City records show the two with the largest spaces are: Vergina, 700 Fifth Ave. S., with 15 tables and 42 seats, and Bistro 821, 821 Fifth Ave. S., with 12 tables and 38 seats.
All applications for outdoor dining are reviewed by city staff, except those exceeding 100 square feet; outdoor dining on public property not directly abutting the restaurant’s storefront; outdoor dining on public property abutting U.S. 41; and establishing or expanding outdoor dining facing a residential-zoning district. Those go before the Design Review Board.
If a restaurant is sold, the new owner would be subject to the 8-foot clearing requirement. Restaurants in other city areas are part of planned unit developments, so their seating is on private property.
Current application fees are $200 if Council approval isn’t required and $500 if it is. The annual permit fee for outdoor seating on private property would double from $50 to $100 and the $2 per square foot annual permit fee to use public property would rise to $1,000, plus $50 per seat. A yearly $50 administrative fee to allow dogs in dining establishments would change to a $100 initial permit fee.
The change would require an 8-foot-clear distance or 50% of the sidewalk, whichever is greater, that must be free of all obstructions, such as umbrellas, chairs and tables, at all times to allow adequate pedestrian flow. Martin said that means chairs cannot be moved into the sidewalk area and restaurant employees cannot stand in the clear area to hand out menus or lure diners inside.
The outdoor dining area must be located adjacent to the building’s facade, with a clear area between the dining area and the edge of the pavement or landscaping. For umbrellas, there must be 7 feet of vertical clearance from the pavement or sidewalk, and tables and chairs must be oriented so chairs can be pulled out parallel to the sidewalk.
Staff derived the fee after reviewing other similar areas and determined that due to the amount of enforcement required to monitor dining on public property, fees should be “increased substantially.”
Town of Palm Beach charges $1,000 yearly, plus $50 per seat for outdoor cafes, while city of Fort Myers charges a one-time $150 fee, plus a $25 annual renewal fee for a sidewalk cafe. City of Miami charges an annual permit fee of $11.50 per square foot of usable right-of-way area, while city of Winter Park requires a $50 application fee, plus a one-time permit fee that ranges from $80 to $160 based upon the number of seats.
Under the code, an outdoor dining permit is a conditional use at all times but may be suspended by the city manager if there’s a finding that one or more conditions were violated, such as restricting the movement of pedestrians or in any way detrimental to the public health, safety or welfare of residents. An outdoor dining permit will be brought before Council for reconsideration and possible revocation after two verified violations in any 12-month period or a verified violation has not been corrected. Council would hold a public hearing.
In the past two years, no restaurants have been brought before Council or the Code Enforcement Board, Martin said after the meeting, noting violations are generally immediately remedied after a request by police or a code-enforcement officer.
Clay Brooker, who normally appears before the PAB as a land-use attorney, told the board he was speaking as a resident and warned that although they were discussing public property, SB 250 still applies due to its broad definition of land use.
“You are dealing with businesses, private businesses, who particularly enjoy and depend upon … the existing rights,” Brooker said of outdoor dining’s boost to their business. “My concern is: Is the city unnecessarily exposing itself to vulnerability or liability from a legal perspective?”
He urged the board and city officials to hold off until after SB 250’s rules expire after October 2026. But City Attorney Matt McConnell told the PAB this involves a public right of way and keeping it clear to comply with the Americans with Disabilities Act is a public benefit.
“Anyone can sue us over anything,” McConnell said. “…We can’t be afraid to do what’s right.”
