Manatee County Government Administrative Building First Floor, Chambers 9:00 a.m. - May 3, 2018
May 3, 2018 Land Use Meeting
Agenda Item #6

LDCT-18-04/Ordinance 18-22 County-Initiated Land Development Code Text Amendment Dog Dining - Legislative - Margaret Tusing, Principal Planner

Briefing Provided Upon Request

Contact and/or Presenter Information


   Margaret Tusing, Principal Planner, 941-748-4501 ext. 6828


   Bobbi Roy, Senior Planning & Zoning Tech/Planning Coordinator


Action Requested
No action necessary; this is the first of two required public hearings. The second public hearing is scheduled for June 7, 2018.

Enabling/Regulating Authority

Florida Statutes 509.233

Manatee County Comprehensive Plan

Manatee County Land Development Code

Background Discussion

• On April 24, 2007, the Board adopted Ordinance No. 07-49 establishing a three-year pilot program to allow dogs in pubic food service establishments.  The Dixie Cup Clary Local Control Act, Florida Statute 509.233 granted, the County the authority to provide exemptions from Section 6-501.115, 2001 FDA Food Code, as adopted and incorporated by the Division of Hotels and Restaurants (“Division”) in Chapter 61C-4.010(6), Florida Administrative Code (2006).  The regulations were incorporated in the Code of Ordinances, Chapter 2-4 Animals, Article II – Dogs in Public Food Establishments. 

• After the “pilot program” expired, Florida Statute 509.233 was amended and became effective October 1, 2009 to allow local governments to establish, by ordinance, a local exemption procedure to certain provisions of the Food and Drug Administration Food Code, as currently adopted by the Division, in order to allow patrons’ dogs within certain designated outdoor portions of public food service establishments.  The Statute requires that any ordinance adopted pursuant to Section 509.233 provide for codification within the land development code of the County.
• Amend LDC Section 200 – Definitions to include the following definition:

? Public Food Service Establishment(s) shall be defined as outlined in Florida Statute § 509.013.

• Staff reviewed the definition for “public food service establishments” and determined that definition and Manatee County’s definition for “restaurant” are similar and that the most appropriate location for “dog dining” in the Use Tables is as a subset to Restaurant.

• LDC Section 401.2 – Schedule of Uses – Table 4-1. Uses in Agriculture and Residential Districts and Table 4-2:  Uses in Non-Residential Districts and LDC Section 401.5 – Schedule of Uses for PD Districts - Table 4-9: Schedule of Uses for PD Districts, are proposed to be revised to add “Dog Dining” as a subset under the land use Restaurant. 

• Amend LDC Section 531.48 – Restaurants to include dog dining in certain outdoor portions of public food service establishments.

• Staff recommends approval.

• On April 12, 2018, by a vote of 6 – 0, the Planning Commission recommended approval.

County Attorney Review
Other (Requires explanation in field below)

Explanation of Other
Sarah Schenk reviewed and responded to Matter 2018-0126.

Reviewing Attorney

Instructions to Board Records

Cost and Funds Source Account Number and Name

Amount and Frequency of Recurring Costs

Attachment:  Staff Report - LDCT18-05 ORD18-22 .pdf
Attachment:  1 - Newspaper Advertising.pdf
Attachment:  2 - ORDINANCE 18-22 with exhibits.pdf
Attachment:  3 - F.S. 509.233.pdf