Agenda

Back to Calendar Return

Growth Management Report 11. 3.

BCC Regular Meeting

Public Hearing

Meeting Date:	07/06/2017
Issue: 5:46 p.m. - A Public Hearing Concerning the Review of an Ordinance Amending LDC Chapter 4 Regarding Dog-Friendly Outdoor Dining
From:	Horace Jones
Department:	Development Services

RECOMMENDATION:

5:46 p.m. - A Public Hearing Concerning the Review of an Ordinance Amending LDC Chapter 4 Regarding Dog-Friendly Outdoor Dining

That the Board of County Commissioners (BCC) review and adopt an Ordinance amending the Land Development Code (LDC), Chapter 4, to establish provisions for authorizing public food service establishments to offer outdoor areas for dog-friendly dining as an accessory use to those establishments.

BACKGROUND:

Chapter 509 of Florida Statutes authorizes local governments, as an exemption to certain regulations of the Division of Hotels and Restaurants, Florida Department of Business and Professional Regulation, to allow public food service establishments licensed by the division to offer dog-friendly outdoor dining areas. Per statute, any ordinance codifying the local exemption must be within the land development code of the local government. The statutes additionally require the accessory use to obtain a local permit, the permit application to contain specific information, and the requesting establishment to comply with specific requirements to protect public health, safety and welfare. Participating local governments must have procedures to accept, document, and respond to complaints, and must make timely reports to the division documenting the complaint responses and any approved exemption applications.

BUDGETARY IMPACT:

No budgetary impact is anticipated by the adoption of this Ordinance.

LEGAL CONSIDERATIONS/SIGN-OFF:

The attached Ordinance has been reviewed and approved for legal sufficiency by Meredith Crawford, Assistant County Attorney. Any recommendations or legal sufficiency comments made in that review are also attached herein.

PERSONNEL:

No additional personnel are required for implementation of this Ordinance.

POLICY/REQUIREMENT FOR BOARD ACTION:

Amendment of the LDC requires public hearing review and recommendation by the Board prior to action by the BCC. Public review of the proposed Ordinance is also consistent with the Board’s goal “to increase citizen involvement in, access to, and approval of, County government activities.”

IMPLEMENTATION/COORDINATION:

This Ordinance, amending the LDC, will be filed with the Department of State following adoption by the BCC.

A separate ordinance amending Section 10-11, Animal control, Part I, Code of Ordinances will require adoption by the BCC to except dog-friendly outdoor dining from existing prohibitions on animals in public places.

Implementation of this Ordinance will consist of an amendment to the LDC and distribution of a copy of the adopted Ordinance to interested citizens and staff.

The proposed Ordinance was prepared by the Development Services Department, in cooperation with the County Attorney’s Office and all interested citizens. The Development Services Department will ensure proper advertisement.

Attachments
Draft Ordinance
Clean Ordinance