…title
ITEM: ORDINANCE NO. 2023-10 (RESTAURANT OUTDOOR DINING AREAS - ZONING TEXT AMENDMENT)
AN ORDINANCE OF WELLINGTON, FLORIDA’S COUNCIL, AMENDING WELLINGTON’S LAND DEVELOPMENT REGULATIONS, MORE SPECIFICALLY, A ZONING TEXT AMENDMENT (PETITION 2023-0001-ZTA) TO MODIFY THE SUPPLEMENTARY STANDARDS FOR RESTAURANTS IN ARTICLE 6, SECTION 6.2.2.B.17, TO PROVIDE STANDARDS FOR OUTDOOR DINING AREAS, AND TO ALLOW DOGS WITHIN DESIGNATED RESTAURANT OUTDOOR AREAS WITH APPROVAL OF A SPECIAL USE PERMIT, AS MORE SPECIFICALLY CONTAINED HEREIN; PROVIDING A CONFLICTS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
REQUEST: Approval of Ordinance No. 2023-10 to amend Wellington’s Land Development Regulations (LDR) modifying regulations relating to restaurant outdoor dining areas and to allow dogs within designated restaurant outdoor areas within Wellington.
…body
EXPLANATION: The applicant is requesting to amend Wellington’s LDR (also referred to as Zoning Text) to allow patrons to have dogs within designated outdoor areas of restaurants within Wellington. As provided by Florida Statutes (F.S.), a local government may adopt a local exemption and regulations to allow restaurant patrons to have their dogs within designated outdoor areas of the restaurant, which is currently not allowed by health and food safety codes.
Approval of this Zoning Text Amendment (ZTA) establishes a local exemption, regulations, and process for restaurant owners to apply for a permit to allow patrons to be accompanied by their dogs at the restaurant, but only within designated outdoor areas. Palm Beach County and other municipalities have adopted similar exemption ordinances.
Some of the requirements for restaurants that will allow dogs within an outdoor dining area include a barrier (fence, wall, etc.) for the designated outdoor area(s), dog waste station(s), and if a restaurant does provide food/drink service to patron’s dogs, it shall be done in single-use disposable containers.
Additional amendments proposed by staff include clarifications to the existing regulations related to the conversion (change of use/occupancy) of a building/space to a restaurant use, safety barriers (in addition to the requirement for dog outdoor areas) for outdoor seating areas close to vehicular traffic areas, and a requirement for a shade structure for outdoor seating areas that exceed 200 square feet and/or 20 seats.
On March 15, 2023, Wellington’s Planning, Zoning and Adjustment Board (PZAB) recommended approval of the amendments with a 5-0 vote.
On April 11, 2023, Council approved first reading of the amendments with a 3-1 vote.
Ordinance No. 2023-10, Exhibit A and Staff Report Exhibit A, are the proposed changes to the LDR, with formatting of new text in underline (italicized and underline text is to be added as required per F.S.), and text to be deleted as strikethrough format.
BUDGET AMENDMENT REQUIRED: NO
PUBLIC HEARING: YES QUASI-JUDICIAL: NO
FIRST READING: SECOND READING: YES
LEGAL SUFFICIENCY: YES
FISCAL IMPACT: N/A
WELLINGTON FUNDAMENTAL: Responsive Government
RECOMMENDATION: Approval of Ordinance No. 2023-10 to amend Wellington’s LDR modifying regulations relating to restaurant outdoor dining areas and to allow dogs within designated restaurant outdoor areas within Wellington.