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HomeMy WebLinkAbout43-84 BEFORE THE CITY COUNCIL OF THE CITY OF DANVILLE In the Matter of ) Adding Chapter 32 to ) ORDINANCE NO. 4q-R4 Title 8 of the Municipal ) Code Relating to Single ) Family Residential Districts ) ) The City Council of the City of Danville DOES ORDAIN as follows: SECTION 1. A new Chapter 32, Single Family Residential Districts, comprised of Sections 8-3201 through 8-3212, is added to Title 8 of the Municipal Code to read: "Chapter 32" Single Family Residential Districts Section 8-3201 General Provisions Section 8-3202 Permitted Uses Section 8-3203 Uses Requiring a Land Use Permit Section 8-3204 Maximum Building Height Section 8-3205 Minimum Lot Area, Width and Depth Section 8-3206 Yard Requirements Section 8-3207 Accessory Structures Section 8-3208 Off-Street Parking Section 8-3209 Fencing Section 8-3210 Garage Conversions Section 8-3211 Additions or Modifications Section 8-3212 Granting of Land Use or Variance Permit Section 8-3201. General Provisions Land within a single-family residential district may be used for the uses and in accordance with the regulations set forth in this chapter. Section 8-3202. Permitted Uses. a. The following uses are permitted in a single-family residential district: (1) A detached single-family dwelling on each lot and the accessory structures and uses normally auxiliary to it; v (2) Crop and tree farming, except raising or keeping any animals other than ordinary household pets; (3) Publicly owned parks and playgrounds; (4) A day care center or residential facility, including a family care, foster or group home or a residential care facility for the elderly, operated by a person with state and/or local agency approval or license, where not more than six persons reside or receive care, not including the licensee or members of the licensee's family or persons employed as facility staff; (5) Aviaries which comply with Section 8-3207(d) and which are maintained in a sanitary manner as determined by the county health department. (6) Home occupations complying with Section 82-4.240 of this ordinance. b. In addition to the above uses, the following uses are permitted in the R-20, R-40, R-65 and R-100 districts: (1) Horticulture; (2) Small farming, including the raising of poultry and rabbits or other grainfed rodents, primarily for home consumption; (3) Keeping livestock on lots 40,000 or more square feet in area (with at least 40,000 square feet for each two head of live- stock) and all contiquous in one fee ownership. Section 8-3203. Uses Requiring a Land Use Permit. The following uses are permitted upon the issuance of a land use permit: (1) Churches and religious institutions and parochial and private schools including nursery schools; (2) Community buildings, clubs and activities of a quasi-public, social, fraternal or recreational character, such as golf, tennis and swimming clubs, and veterans' and fraternal organizations. -2- (3) Hospitals, eleemosynary and philanthropic institutions, and convalescent homes; (4) Greenhouses, over three hundred square feet; (5) Publicly owned buildings and structures (except that accessory and appurtenant structures forming a part of public utilities, public owned utilities and pipelines are not regulated by this Title, except for setback regulations. See Section 82-2.010.); (6) A second unit which complies with Title 8, Chapter 20, of this Code; (7) Commercial radio and television receiving and transmitting facilities other than broadcasting studios and business offices; (8) Horse riding academies and horse riding instruction, if the requirements listed in Section 8-3202b(3) are met; (9) Uses which the planning commission has found, after notice and hearing, to be comparable to the above uses. Section 8-32-4. Maximum Building Height. No single famill, dwelling or other structure permitted under thiis chapter may exceed two and one half stories or 35 feet in height. Section 8-3205. Minimum Lot Area, Width and Depth. No single family dwelling or other structure permitted under this chapter may be erected or placed on a lot with less than the following minimum requirements: (1) Lot Area R-6 District 6,000 square feet R-7 District 7,000 square feet R-10 District 10,000 square feet R-12 District 12,000 square feet R-15 District 15,000 square feet R-20 District 20,000 square feet R-40 District 40,000 square feet R-65 District 65,000 square feet R-100 District 100,000 square feet -3- (2) Lot Width R-6 District 60 feet R-7 District 70 feet R-10 District 80 feet R-12 District 100 feet R-15 District 100 feet R-20 District 120 feet R-40 District 140 feet R-65 District 140 feet R-100 District 200 feet (3) Lot Depth R-6 District 100 feet R-7 District 100 feet R-10 District 100 feet R-12 District 100 feet R-15 District 100 feet R-20 District 120 feet R-40 District 140 feet R-65 District 140 feet R-t00 District 200 fee~ Section 8-3206. Yard Requirements. The following minimum requirements apply to front yard setback, side yards and rear yards. (1) Front Yard Setback R-6 District 20 feet R-7 District 20 feet R-10 District 20 feet R-12 District 20 feet R-15 District 20 feet R-20 District 25 feet R-40 District 25 feet R-65 District 25 feet R-100 District 30 feet On a corner lot the principal frontage shall have a setback of at least the minimum indicated for each district and the other setback shall be at least that amount minus 5 feet. (e.g. In the R-6 district, the principal frontage shall be at least 20 feet and the other setback shall be at least 15 feet.) -4- (2) Side Yards The following minimum width requirements apply to side yards. Aggregate width Width of of side yard one side R-6 district 15 feet 5 feet R-7 district 15 feet 5 feet R-10 district 20 feet 10 feet R-12 district 25 feet 10 feet R-15 district 25 feet 10 feet R-20 district 35 feet 15 feet R-40 district 40 feet 20 feet R-65 district 40 feet 20 feet R-100 district 60 feet 30 feet (3) Rear Yards There shall be a rear yard for any principal structure of at least: R-6, R-7 districts 20 feet R-10, R-12, R-15 districts 25 feet R-20, R-40, R-65, R-100 districts 30 feet Section 8-3207. Accessory Structures. a. Height. An accessory structure may not exceed 15 feet in height. b. Yards. (1) Front yards. The front yard setbacks in Section 8-3206(1) also apply to accessory structures. (2) Interior side and rear yards. The minimum width of an interior side yard or interior rear yard may be reduced to 5 feet for an accessory structure if it is set back from the front property line at least: R-6, R-7, R-10 districts 50 feet R-12, R-15, R-20 districts 65 feet R-40, R-65, R-100 districts 75 feet For purposes of this Section, an interior yard is one which does not face a public street. If the yard does face a street (street side yard) the setbacks in Section 8-3206 apply. --5-- c. Setback from other structures. No accessory structure may be closer than 10 feet from any other structure. d. Aviaries. Aviaries shall not be over twelve feet high nor exceeding one square foot (not over 1,600) in area for each fifty square feet of net land area per lot, and unless otherwise provided herein, shall be set back at least twenty-five feet from the front property line and any street line and at least ten feet from any side or rear property line. e. Animal Structures. Where permitted, a chicken house, rabbit hutch~ or similar accessory structure provided for the hous- ing of animals shall be set back not less than sixty feet from the front property line or any street line, and shall be not less than forty feet from any side or rear property line; a barn, stable or other building or structure used to shelter livestock shall be set back not less than one hundred feet from the front property line or any street line, and may not be less than fifty feet from any side or rear property line; a fenced pasture, paddock or other enclosed livestock area may not be located nearer than ten feet to any property line. Section 8-3208. Off-Street Parking. In each single family district each dwelling unit shall have at least two off-street automobile storage spaces on the same lot (except that there shall be at least one such space where the lot was legally created before September 9, 1971, or was part of a tentative or parcel map filed before September 9, 1971, and upon which a final subdivi~sion or parcel map was subsequently approved and recorded). Such space shall be covered, surfaced and at least nine by nineteen feet. The spaces shall be entirely outside the setback or side yard areas of the principal structure. Section 8-3209. Fencing. No front yard or side street yard feDce. Qr.hedqe loc~a~e~ within the required yard setback area may De nlgner than ~/z feet (as measured from street level). Section 8-3210. Garage Conversions. The conversion of a garage to living space or other resi- dential use is allowed if: 1) Section 8-3208, Off-Street Parking, is satisfied; ._ 2) the existing garage door is removed; and replaced with walls, windows, doors and other suitable materials. --6-- 3) the converted space is architecturally compatible in color, material and style with the existing structure; and 4) the curb is replaced, the driveway is removed and landscaping is done so that the converted space no longer resembles a garage. Section 8-3211. New Construction, Additions or Modifications. A person proposing to build or remodel a single-family residence must obtain approval of the planning departmentbefore a building permit will be issued. Exterior remodelling must be architec- turally compatible in color, materials and style with the exisiting structure. Section 8-3212. Granting of Land Use or Variance Permit. Land use permits for the special uses enumerated in Section 8-3203, and variance permits to modify the provisions in Sections 8-3204 through 8-3210, may be granted in accordance with Chapters 26-2 and 82-6." SECTION 2. The following chapters of the Contra Costa County Ordinance Code (previously adopted by reference by the City) are repealed: Chapter 84-4 R-6 Single Family Residential District 84-6 R-7 Single Family Residential District 84-8 R-10 Single Family Residential District 84-10 R-12 Single Family Residential District 84-12 R-15 Single Family Residential District 84-14 R-20 Single Family Residential District 84-16 R-40 Single Family Residential District 84-18 R-65 Single Family Residential District 84-20 R-100 Single Family Residential District SECTION 3. Publication. The City Clerk shall either a) have this ordinance published once within 15 days after adoption in a newspaper of general circulation or b) have a summary of this ordinance published twice in a newspaper of general circulation, once five days before its adoption and again within 15 days after adoption. SECTION 4. Effective Date. This ordinance becomes effective 30 days after its adoption. -7- The foregoing ordinance was introduced at a meeting of the City Council of the City of Danville held on October !5th , ._ 1984, and was adopted and ordered published at a meeting of the' Council held on ~.~ovem. b~r 6tb , 1984, by the following vote: AYES: Lane, ~ay, ~c~'Teely, ?chlendorf ~'~OES: None ABSENT: Offenhartz ATTE ST: C I TY/~2LE IlK -8-