TA18-02 Staff Summary PBTA18-02 Staff Summary Page 1 of 2
STAFF SUMMARY OF TA18-02
TEXT AMENDMENT APPLICATION
APPLICATION SUMMARY
Case Number: TA18-02
Request:
To amend the Table of Permitted Uses in Article V to add Kennels as a use permitted by right in
the I-2, Heavy Industrial Zoning District
Applicant: Subject Ordinance:
Dyana Scholz of The Dog Club of Wilmington Zoning Ordinance
Subject Article(s) and Section(s):
Article V: Table of Permitted Uses
BACKGROUND
The applicant is seeking to amend the Table of Permitted Uses in Article V to add Kennels as a use
permitted by right in the I-2, Heavy Industrial Zoning District. Per the definition in the Zoning
Ordinance, “Kennel” includes business such as dog boarding as well as dog day care:
Kennel - An establishment wherein any person engages in business or practice, for a fee, of
boarding, breeding, grooming, letting for hire, or training of more than three (3) domesticated
animals at any one time; or an establishment wherein any person engages in the business or
practice, for a fee, of selling more than one (1) litter of domesticated animals at any one time
or the selling of any three (3) individual domesticated animals (not defined as litter herein) at
any one time. Domesticated animals, for the purpose of this Ordinance, shall be defined as
dogs, cats, and other generally acceptable household pets. Litter, for the purpose of this
Ordinance, shall be defined as the progeny resulting from the breeding of two domesticated
animals. The following shall not constitute the operation of a Kennel as defined above and in
no way shall this provision regulate the following:
A. The ownership of domesticated animals as household pets;
B. The ownership of domesticated animals for hunting or tracking purposes;
C. The ownership of domesticated animals for the purpose of exhibiting at shows,
obedience or field trials; and
D. The ownership of domesticated animals for the purpose of protection or
guarding of residences or commercial establishments. (4/21/75) (23-49)
Currently, Kennels are permitted by right in PD, B-1, B-2, I-1, and Airport Industrial zoning districts,
and by special use permit in the R-20S, R-20, R-15, O&I, and the Rural Agricultural zoning districts.
Section 72-26 has additional requirements for Kennels in the R-15 and R-20 zoning districts,
including that the number of animals allowed depends on the lot size, structures must meet a minimum
side and rear setback of 50’, signs are limited to 2.25 sq. ft., and sanitation control and sewage
disposal must be reviewed by Environmental Health.
The application proposes to allow Kennels to be a permitted use in the I-2 zoning district. Existing
development standards for setbacks, landscaping, parking, etc. will apply to any kennel in I-2. No
additional standards or requirements are proposed in the application.
TA18-02 Staff Summary Page 2 of 2
PROPOSED AMENDMENT
Red and Underline/Strikethrough – Petitioner’s Proposed Additions/Deletions
Article V: Table of Permitted Uses
Permitted Uses
PD
R
20S
R
20
R
15
R
10
R
7
B
1
B
2
I
1
I
2
O
&
I
A
R
A
I
S
C
R
A
R
F
M
U
Supp
Regs
NAICS
Agriculture, Forestry, Fishing
Kennels P S S S P P P P S P S
Staff Analysis
Currently, the Zoning Ordinance allows Kennels in several residential districts, the business districts,
and also the Light Industrial and Airport Industrial zoning districts. Kennels are typically a low traffic
generator with minor external impacts including noise that are best suited for business and industrial
districts and separated from residential uses. When researching other jurisdictions, including the City of
Wilmington, Staff found that kennels are commonly allowed in industrial zoning districts.
The I-2 district was established to set aside areas of the county for a full range of heavy industrial
land uses including manufacturing, warehousing, and distribution uses, and subsequently protect
nonindustrial districts situated elsewhere and minimize environmental impacts caused by uses within
the district. Although Kennels are not an industrial use, allowing for Kennels to be permitted in I-2
zoning would create opportunity to protect existing residential and commercial areas from the
impacts from a kennel such as noise.
Staff concludes that the proposed text amendment is generally CONSISTENT with the Comprehensive
Plan because it updates the Zoning Ordinance to encourage businesses in appropriate areas. Most of
the I-2 zoning in the county is within the Commerce Zone or Employment Center placetypes. In both of
these placetypes, the Comprehensive Plan suggests that a mixture of uses is appropriate, including
commercial services.
Staff supports the proposed amendment and recommends approval as proposed.
STAFF RECOMMENDATION
Staff recommends approval of the requested amendment. Staff concludes that the amendment
is:
1. Consistent with the purposes and intent of the 2016 Comprehensive Plan because it aligns
the Zoning Ordinance to encourage businesses in appropriate areas.
2. Reasonable and in the public interest because the proposed amendment would promote
business success while not impairing quality of life for existing residential areas.