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HomeMy Public PortalAbout2020_08_11_O013 TLOA-2020-0001, Amending the Doggy Day Care Use Standards to Allow Overnight Boarding, and to Amend Cattery Uses in Various Zoning Districts The Town of Leesburg, Virginia PRESENTED: July 28, 2020 ORDINANCE NO. 2020-0-013 ADOPTED: August 11, 2020 AN ORDINANCE: AMENDING ZONING ORDINANCE ARTICLES 6, 9 AND 18 TO ESTABLISH USE STANDARDS AND DEFINITION FOR OVERNIGHT DOGGY DAY CARE, AND TO AMEND USE STANDARDS AND DEFINITION FOR CATTERY WHEREAS, the Town Council initiated zoning text amendment TLOA-2020-0001 on February 25, 2020 by adopting Resolution No. 2020-036 authorizing Zoning Ordinance amendments to establish use standards and definition for overnight doggy day care, and to amend use standards and definition for cattery. WHEREAS, overnight boarding of dogs is limited to a `kennel', and overnight boarding of cats is currently limited to a `cattery'; and WHEREAS, market trends indicate that this use is gaining popularity in retail and mixed-use environments; and WHEREAS, a duly advertised Planning Commission public hearing was held on June 18, 2019; and WHEREAS, at their July 2, 2020, meeting, the Planning Commission recommended approval of this amendment to the Zoning Ordinance to the Town Council; and WHEREAS, the Town Council held a duly advertised public hearing on these amendments on July 28, 2020; and WHEREAS, the Town Council has concluded that the approval of these amendments to the Zoning Ordinance would be in the public interest and in accordance with sound zoning and planning principles; and WHEREAS, the Town Council has concluded that the approval of the amendments to the Zoning Ordinance is rationally related to serving legitimate government interests, including balancing the needs of the community and managing safety concerns. THEREFORE, ORDAINED, by the Council of the Town of Leesburg in Virginia as follows: -2- AN ORDINANCE: AMENDING ZONING ORDINANCE ARTICLES 6, 9 AND 18 TO ESTABLISH USE STANDARDS AND . DEFINITION FOR OVERNIGHT DOGGY DAY CARE, AND TO AMEND USE STANDARDS AND DEFINITION FOR CATTERY SECTION I. The zoning text amendments contained in TLOA-2020-0001 - amending Zoning Ordinance Articles 6, 9 and 18 to establish use standards and definition for overnight Doggy Day Care, and to amend use standards and definition for Cattery, and SECTION II. That the following Sections of the Zonign Ordinance of the Town of Leesburg, Virginia, 2003, as amended, be and the same is hereby amended to read as follows: 6.4.2 [B-2] Use Regulations B-2 Uses Use IN, Use Standards Definition Commercial Uses Cattery I PSI Sec. 9.3.12.1 Sec. 18.1.27.1 Doggie Doggy Day Care © Sec.9.3.12.2 Sec.18.1.43.2 Doggy Day Care,with Accessory Kennel S I Sec.9.3.12.2 6.5.2 [B-3] Use Regulations B-3 Uses Use I Use Standards I Definition Commercial Uses Cattery MI Sec.9.3.12.1 I Sec. 18.1.27.1 I Doggie Doggy Day Care is Sec.9.3.12.2 Sec.18.1.43.2 Doggy Day Care,with Accessory Kennel I S Sec.9.3.12.2 6.6.2 [B-4] Use Regulations B-4 Uses Use III Use Standards Definition Commercial Uses Cattery m Sec.9.3.12.1 I Sec. 18.1.27.1 Doggie Doggy Day Care is Sec.9.3.12.2 Sec.18.1.43.2 Doggy Day Care,with Accessory Kennel ® Sec.9.3.12.2 6.7.2 [I-I] Use Regulations I.1 Uses Use NM Use Standards Definition Commercial Uses - Cattery I R S ' Sec.9.3.12.1 I Sec. 18.1.27.1 Doggie Doggy Day Care © Sec.9.3.12.2 I Sec.18.1.43.2 Doggy Day Care,with Accessory Kennel I® Sec.9.3.12.2 I - -3- AN ORDINANCE: AMENDING ZONING ORDINANCE ARTICLES 6, 9 AND 18 TO ESTABLISH USE STANDARDS AND DEFINITION FOR. OVERNIGHT DOGGY DAY CARE, AND TO AMEND USE STANDARDS AND DEFINITION FOR CATTERY 9.3.12.2 Doggy Day Care A. The operator shall maintain all facilities within a fully enclosed structure that is adequately soundproofed and constructed so there is no detriment to other property in the area. Prior to occupancy, the operator shall provide certification from an acoustical engineer licensed to practice in Virginia that the interior noise of the accessory kennel use has been attenuated not to exceed 65 dBA at the property line or within 25 feet of the premises, whichever is less. B. An Accessory Kennel may be permitted to accommodate a limited amount of overnight boarding. This subordinate use is subject to the approval of a special exception. The amount of overnight boarding shall be established at the time of special exception review, contingent upon a demonstration that the area dedicated to overnight boarding meets applicable federal, state, and local codes, ordinances, or regulations. Overnight boarding shall include the use of appropriate enclosures and/or the appropriate amount of staff supervision. C. An Accessory Kennel should not be located within a building containing residential dwellings. D. A typical detail shall be provided that demonstrates all accessory kennel pens have been designed for humane and secure confinement with adequate space. "Adequate space" means sufficient space to allow each animal to (i) . easily stand, sit, lie, turn about, and make all other normal body movements in - a comfortable, normal position for the animal and (ii) interact safely with other animals in the enclosure. E. Prior to occupancy, the facility shall be inspected for compliance with applicable use regulations and/or additional conditions of approval. F. A waste containment system shall be provided and connected.to the sanitary. sewer system. The dog play area and kennels shall be designed to prevent illicit discharge (described in Town Code Section 14-23(b)(1) into the stormwater management system. G. Heating, ventilation, and air conditioning for a Doggy Day Care shall be designed to be independent from any other use(s) in a multi-tenant building. . H. The operator shall comply with Code of Virginia, Chapter 65 Comprehensive Animal Care. 9.3.16 Neighborhood Retail Convenience Center A. Centers may be comprised of a collection of stores including a mix of retail, service, and office uses and may include, but are not limited to, cattery, -4- AN ORDINANCE: AMENDING ZONING ORDINANCE ARTICLES 6, 9 AND 18 TO ESTABLISH USE STANDARDS AND DEFINITION FOR OVERNIGHT DOGGY DAY CARE, AND TO AMEND USE STANDARDS AND DEFINITION FOR CATTERY convenience food store, pharmacy (without drive-through facility), grocery store, eating establishment, eating establishment fast food (without drive- through facility), child care center, recreation facility (gymnasium, exercise and weight room facilities, martial arts studio, etc.), exercise studio, dance studio, retail use, mailing services, personal service establishment, and bank (without drive-through facility). 18.1.43.2 Doggy Day Care The equivalent of a Boarding Establishment as defined in the Code of Virginia, §3.2- 6500. A commercial establishment other than a public or private animal shelter where companion animals not owned by the proprietor are temporarily sheltered, fed, and watered in exchange for a fee. SECTION III. All prior ordinances in conflict herewith are herby repealed. SECTION IV. Severability. If a court of competent jurisdiction declares any provision of this ordinance invalid, the decision shall not affect the validity of the ordinance as a whole or any remaining provisions of this ordinance. SECTION V. This ordinance shall be in effect upon its passage. PASSED this 11 day of August, 2020. Kelly Bu Ma Town of Leesburg ATTEST: 4,04.44.4, . Clerk of Council LF\LeesburgRMS\Town_Clerk\Ordinances\2020\0811 TLOA-2020-0001,Amending the Doggy Day Care Use Standards to Allow Overnight Boarding,and to Amend Cattery Uses in Various Zoning Districts