Minutes 05/24/1983 - Laserfiche WebLink

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307 May 24, 1983 "In accordance with Council's request, the office of the City Attorney has reviewed the applicable provisions of the Zoning portion of the City Code (Chapter 40) as they relate to kennels and the allowance of same mn residential areas. It should be immediately noted that kennels as defined in ~40-31 of the City Code are permitted only in Industrial M-1 Districts and allowed in the Commercial C-2 and Industrial M-1-R Districts with a use permit. Kennels, as defined therein, are not permitted in any residential district. The problem, however, comes from the definition provided for in ~40-31 of a kennel which is as follows: "Any place in or at which dogs are kept under any one or more of the following conditions: 1. More than ten (10) dogs of more than four (4) months of age; 2. More than four (4) dogs of more than four (4) months of age are not penned at all times; or that Any number of dogs that are kept for the purpose of sale or rental, or, in connection with the boarding, care or breeding for which any fee is charged." Therefore, while a kennel, as defined, including all commercial kennels, are barred from residential districts (unless having been established as a nonconforming use) the problems K~parently occur because a person residing in a res2dential area may keep up to ~en~ (!D~ dogs of more than four (4) months old if they are fenced or penned. The Department of Planning has provided definitions from other Virginia cities as shown on the attached list and, it is respectfully suggested that the major distinction is that our Code allows up to ten (10) dogs if they are penned without being deemed a kennel. The defini- tion established in the Zoning Ordinance of the City Code can be changed in accordance with th, procedures for amendments to zoning ordinances and, in order to do so, [ would recommend that the Council refer the matter to the Planning Commission to conduct the necessary public hearin and provide a recommendation to the Council for consideration of a revised definition of kenne It should also be noted that Veterinary Clinics constitute a separate use under our Code definition and require licensing by the appropriate State Regulatory Agency and are, likewise, permitted in Industrial M-l, Industrial M-1-R and Commercial C-2 and, possibly to the extent that they are deemed a health care facility, could be included in those zoning districts where health care facilities are allowed or permitted with a use permit. ' Motion of Mr. Holley and seconded by Mr. Beamer, the report to be received as information Substitute motion of Mrs. Webb and seconded by Mr. Gray, that the report be referred to the Planning Commission, and was adopted by unanimous vote. 82-355 - "Consideration of a rate increase by Cox Cable of Portsmouth, Inc., deferred from the regular meeting of May 10, 1983, was taken up~" the following report was submitted by the City Manager: "Attached for your information vision, as requested at your May 10th rate roll back, franchise termination, is a report prepared by Management Services on Cable Tele- meeting. The report outlines City Code requirements for and reduction of franchise term. As you know, I will be meetmng with Cox Cable once again prior to your next meeting and I will have an oral report for you at that t~me. The enclosed report ms, I think, self-explan atory, but please give me a call if you have any questions." See letter from Cox Cable of Portsmouth, Inc. ~ Exhibit 82-355. Motion of Mr. Beamer and seconded by Mrs. Webb, that the matter ~defba~ddtet~he meeting of June 14, 1983, and was adopted by unanimous vote. REPORTS FROM CITY MANAGER 83-202 --Le%ter from the City Manager recommending adoption of an ordinance on first reading to appropriate $103,265 from the Grants FunJ for the annual Summer Lunch Program for youths under the age of 18. "The Department of Parks and Redreation once again will receive funding from the United States Department of Agriculture to provide lunches during the summer to Portsmouth youths who live mn low income areas of the City. Jm award of $103,268 in federal funds will permit us to serve an estimated 2~300 meals per day for six weeks at thirteen different sites, all if which are located in areas where more than fifty percent of the regular public school population was eligible for reduced price lunches. No local cash match ~s required by the grant. The annual Summer Lunch Program meets the nutritional needs of children ages 18 and under during the summer vacation period as well as promotes constructive use of leisure time. I recommend your approval of this project and appropriation of $103,265 j_n. the Grants Fund to support its operation for 1983." Moticn of Mr. Beamer and seconded by Mrs. Webb the following ordinance was approved on fi~ reading, and by unanimous vote. "AN ORDINANCE TO APPROPRIATE $103,265. FROM THE GR~NTS FUND FOR THE A~NNUAL _~b~R LUNCH PROGPGIM.'