Label
Text Amendment modifying TMC 1104.0100 & 1104.1200 Animal shelters and Kennels in CR districts
Zoning & Planning Committee
12/10/2024
Title
Amending Toledo Municipal Code (TMC), Part Eleven, Subsections 1104.0100 & 1104.1200 Animal shelters and Kennels in CR districts, and declaring an emergency.
Body
SUMMARY & BACKGROUND:
The Plan Commission is requesting a modification to TMC§1104.0100 Use Table; and TMC§1104.1201 Setbacks. Both of these text amendments pertain to zoning regulations for Animal Shelters and Kennels being permitted within the Regional Commercial (CR) zoning district. The first text amendment modifies the Use Table in order to allow Kennels within the CR zoning district. The second text amendment in this modification is to further limit the location and setback of dog runs or exercise areas from residential areas.
Currently Animal Shelters are permitted in the CR zoning district, however, the use of land solely for Kennels is not permitted. Kennels are only permitted within the Limited Industrial (IL) and General Industrial (IG) zoning districts. The proposed text amendment would be consistent with the current permission of Animal Shelters with the requirement of Use Regulations. The existing use categories of TMC§1104.0100 Use Table are listed in Exhibit “A” with the proposed modifications highlighted in Exhibit “B”.
Specific land use regulations for Animal Shelters and Kennels are listed within the Use Regulations of TMC§1104.1200. These regulations pertain to the location of outdoor dog runs or exercise area, excessive noise, waste & odor controls, as well as security of outdoor facilities. The proposed text amendment would allow Kennels within the CR zoning district and be subject to the Use Regulations of TMC§1104.1200. These use regulations apply to both Animal Shelters and Kennels when located within the CR, IL and IG zoning districts. Staff supports this modification in order to be more consistent with the Animal Shelter use category which is already permitted by-right and will allow more opportunity to utilize vacant commercial properties for Kennels.
In addition to the allowance of Kennels in the CR zoning districts, the proposed text amendment would modify TMC§1104.1201 Setbacks. This modification will limit the setback of dog run or exercises areas for Animal Shelters and Kennels beyond two-hundred feet (200’) from any residential zoning districts but also two-hundred feet (200’) from any residential land uses. The intent with this text amendment is to allow Kennels in CR when a location is not immediately adjacent to residential areas. The existing use regulations of TMC§1104.1201 Setbacks are listed in Exhibit “A” with the proposed modifications highlighted in Exhibit “B”.
Summary
NOW THEREFORE Be it ordained by the Council of the City of Toledo:
SECTION 1 That Toledo Municipal Code, Part Eleven, Subsections 1104.0100, which read as follows:
1104.0100 | Use Table
[14] Subject to standards of Sec. 1104.1200 | Animal Shelters and Kennels
1104.1200 | Animal Shelters and Kennels
1104.1201 Setbacks
In the event an animal shelter or kennel has a dog run or exercise area, said run or exercise area shall be set back no less than 200 feet from any residential district.
(Ord. 180-09. Passed 3-31-09.)
be amended to read as follows:
1104.0100 | Use Table
[14] Subject to standards of Sec. 1104.1200 | Animal Shelters and Kennels
1104.1200 | Animal Shelters and Kennels
1104.1201 Setbacks
In the event an animal shelter or kennel has a dog run or exercise area, said run or exercise area shall be set back no less than 200 feet from any residential district or residential use.
(Ord. 180-09. Passed 3-31-09.)
SECTION 2. That this Ordinance hereby is declared to be an emergency measure and shall be in force and effect from and after its passage. The reason for the emergency lies in the fact that same is necessary for the immediate preservation of the public peace, health, safety and property, and that this Ordinance must be immediately effective in order to provide for the orderly development of the area and to protect the land values in the area.
Vote on emergency clause: yeas 11, nays 0.
Passed: December 18, 2024, as an emergency measure: yeas 11, nays 0.
Attest:
Julie A. Gibbons Carrie Hartman
Clerk of Council President of Council
Approved: December 19, 2024
Wade Kapszukiewicz
Mayor