Melbourne, FL Special Events & Permits: Sidewalk Dining & Cafés (2026)

Section 2(H) of the zoning ordinance's accessory-use standards governs both outdoor display and outdoor seating, and restaurants, brewpubs, cocktail lounges, saloons and bars using the public sidewalk for tables have to secure a sidewalk use seating approval from the community development department before operating. The online application needs a scaled survey or drawing showing the building, seating dimensions, accessible pathways and every obstruction such as trees, bus shelters, benches, hydrants and signs along the frontage, plus photos or brochures of the furniture and, where applicable, a copy of the state alcoholic beverage license.

Fees run a $30 non-refundable processing fee plus a $100 annual fee that covers October 1 through September 30, with an added $25 per seat for sidewalk seating; renewal after October 1 draws a $30 late penalty, and the approval is revoked if not renewed by November 1. The insurance requirement is real money too: the approval holder must carry at least $1,000,000 in commercial general liability coverage per occurrence, name the city as an additional insured, and give the city 30 days' written notice before any cancellation.

On the sidewalk itself, a minimum five-foot ADA-accessible path has to stay clear at all times, and seating cannot sit within five feet of a crosswalk, curb cut, bus stop, hydrant, alley or building entrance. Outdoor seating also needs a 50-foot setback from any abutting single-family residential property, and the number of seats allowed is calculated from the building's frontage dimension divided by two, subject to nearby public parking availability. The approval is valid for one year and is non-transferable to another location.