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Executive Order No. 2021-002ECITY OF CLERMONT � EXECUTIVE ORDER NO.2021-002E PROVIDING TEMPORARY REGULATIONS FOR OUTDOOR SEATING FOR RESTAURANTS, OUTDOOR SALES AND SIGNAGE; AND, PROVIDING FOR AN EFFECTIVE DATE, DURATION, TERMINATION AND CONFLICT. WHEREAS, on March 9, Governor DeSantis issued Executive Order 20-52 declaring a state of emergency for the entire State of Florida pursuant to Chapter 252 of Florida Statutes based upon substantial harm related to COVID-19; and WHEREAS, on March 17, 2020, the City Council of the City of Clermont declared a State of Emergency as it relates to the Novel Coronavirus Disease 2019 (COVID-19) and authorized the City Manager to extend the State of Emergency as necessary; and WHEREAS, in accordance with Section 252.38, Florida Statutes, the City of Clermont has the authority to declare a state of emergency within the municipal boundaries of the City of Clermont and invoke any and all emergency provisions, regulations, policies and programs as may be authorized by the State of Florida, State Statutes and County or City ordinances for the protection of the health, safety and welfare of all citizens and visitors to the City of Clermont; and WHEREAS, on April 29, 2020, Governor DeSantis issued Executive Order 20-112 providing for outdoor seating at restaurants and food establishments for consumption of food and beverages on the premises and limited reopening of retail and other businesses; and WHEREAS, on May 13, 2020, the City Manager issued Executive Order 2020-01 E establishing temporary regulations for outdoor sales and signage; and WHEREAS, the Governor's Executive Order 2020-244 issued on September 25, 2020 allows for restaurants to reopen at 100% capacity, conditioned that a local government may limit capacity to no less than 50%, but only if certain requirements are met; NOW THEREFORE, BE IT RESOLVED by the Interim City Manager of the City of Clermont, Lake County, Florida as follows: SECTION 1: OUTDOOR RESTAURANT SEATING To promote appropriate social distancing, the following temporary policy for outdoor seating is implemented for all restaurants and food establishments with premises approved for indoor seating as of the date hereof. All restaurants and food establishments with a current certificate of occupancy or use for operation within the City limits may utilize any available outdoor space (additional outdoor space) to provide for and promote social distancing subject to the following: A. The use of the additional outdoor space by the restaurant or food establishment must be agreed to or approved in writing by the record title owner of the property. 1 CLEOfOW CITY OF CLERMONT EXECUTIVE ORDER NO.2021-002E B. The additional outdoor space shall be contiguous or adjacent to the restaurant or food establishment's premises. C. The square footage of the additional outdoor space shall not exceed seventy-five percent (75%) of the approved square footage of the existing indoor seating area for the restaurant or food establishment. D. The use of the additional outdoor space shall strictly comply with any other applicable executive or emergency order of the State, County or City. E. The use of the additional outdoor space shall reasonably and to the extent applicable, comply with all fire and building codes, regulations, and policies. F. The use of the additional outdoor space shall comply with all Florida Health Department regulations. G. The location of the additional outdoor space and the use thereof, shall not interfere with ingress/egress to the building or property. H. If the additional outdoor space is located within a parking area, a temporary physical barrier must be placed separating the additional outdoor space from the remaining parking. I. The additional outdoor space cannot occupy, encroach upon or impact existing landscaping, required vegetative buffers or designated open space on a property. J. The additional outdoor space must be maintained clean of litter. K. The additional outdoor space shall not be used between the hours of 10 p.m. and 6 a.m. every day. L. All existing City Codes regulating and pertaining to outdoor entertainment are not affected by this Order. M. Canopies, tents, covers of any kind may not be used in additional outdoor space unless approved by the Building Official. SECTION 2: OUTDOOR SALES CENTRAL BUSINESS DISTRICT To promote appropriate social distancing and the general welfare of businesses in the downtown area of the City of Clermont, the following temporary policy for outdoor sales is implemented for business operations with a current certificate of occupancy or use for operation within the Central Business District. All retail and restaurant businesses described above may utilize the parallel parking space located immediately in front of the business subject to the following: A. A permit will be required for the Right-of-way utilization. (Permit fee would be waived) B. A site plan depicting their storefront with the adjacent parallel parking stall required with permit. C. Traffic cones or appropriate barrier will be required to delineate the parking stall use. D. The approved parking stall shall only be used one half hour before the start of the regular opening hours for the businesses and conclude one half hour after the businesses regular closing hours. 2 d-,. CITY OF CLERMONT .� EXECUTIVE ORDER NO.2021-002E E. The use of the parking stall shall not interfere, block, or impede pedestrian traffic on the adjacent sidewalk or vehicular traffic. Tents/canopies will be permitted within the parking stall. SECTION 3: TEMPORARY SIGNS To promote the general welfare of the City of Clermont, businesses with a current certificate of occupancy or use for operation within the City limits, shall be permitted to utilize temporary signs for the existing business operation subject to the following: A. One sign or banner not to exceed 24 square feet of sign or banner area. B. Banner shall be attached to the building fagade and not block any doors or windows on the building. C. Two (2) small temporary signs shall be allowed not exceeding 4 square feet each. D. One sandwich sign (not exceeding three feet wide and four feet high), feather flag or similar sign shall be allowed. E. All signs, except for sandwich signs, shall be placed on property owned or leased by the business and a minimum of five feet from the property line and not in the public right-of- way. Sandwich signs may during normal business hours be placed on the public sidewalk or pedestrian walkway adjacent to the business, provided they are not affixed or connected to the sidewalk or pedestrian walkway and the placement of the sign complies with requirements of applicable laws and regulations related to access and use of the sidewalk or pedestrian walkway. F. Signs shall not be placed in a manner that would cause obstruction to any traffic flows or patterns, or that would obstruct views at the points of ingress and egress to the site. G. All signs authorized hereunder shall, except as may be provided hereunder, meet all other requirements of the Clermont City Code. SECTION 4: EFFECTIVE DATE DURATION AND TERMINATION This Order shall take effect as of the date below and shall remain in effect until 12:01 a.m. March 10, 2021 unless extended, terminated, or amended by Order or action of the Clermont City Council or by the City Manager. Within five (5) days of termination any additional outdoor space or signage permitted hereunder and not otherwise permitted by City Code, shall no longer be used in any manner, and shall be removed or dismantled. SECTION 5: CONFLICT This order supersedes and replaces as of the above effective date Executive Order 2021-001E. 3 CITY OF CLERMONT EXECUTIVE ORDER NO.2021-002E APPROVED AND ADOPTED by the City Manager of the City of Clermont, Lake County, Florida, on this 101h day of February, 2021. ATTEST: l� Tracy Ackroyd Howe, City Clerk CITY OF CLERMONT Susan C. Dauderis, Interim City Manager 4