Lee County, FL Sidewalk & Pedestrian Rules: Encroachment Permits (2026)

Article III of Chapter 15 of the Code of Ordinances, the Boca Grande Historic District Commercial Sidewalk Use Ordinance, applies only to properties with a commercial-use permit and street frontage on Park Avenue, East Railroad Avenue or 4th Street West within the historic district recorded at OR Book 2164, pages 1166-1203 (Section 15-54). Instead of a separate application, Section 15-55(a) directly authorizes tables, chairs, benches, portable outdoor heaters, planters, temporary signage and sales racks on the sidewalk, plus similar items consistent with the ordinance's intent.

Section 15-55(b) sets the operating standards: a pedestrian path at least 3½ feet wide with seven feet of overhead clearance must stay open, outdoor displays can sit no more than two feet off the building wall and cannot cover more than half the storefront's length, and nothing may block parking, building entrances, code-required access, sight triangles at intersections or drainage infrastructure. Section 15-55(c) requires seating, tables, umbrellas and displays to be removed and stored when the business is closed, and everything must come off the sidewalk if a hurricane or other safety event prompts a county request.

Litter and grease cannot accumulate on the adjacent right-of-way under Section 15-55(d), and nothing may be permanently attached to the sidewalk under Section 15-55(e). The County Manager can amend or terminate the whole program at any time, giving businesses 30 days to adjust, and can temporarily halt use for planned events, repairs or emergencies under Section 15-57. The Directors of Parks and Recreation and Community Development enforce the article under Section 15-58.