HomeMy WebLinkAbout108-87 EXHIBIT A
BEFORE THE CITY COUNCIL OF THE CITY OF DANVILLE
In the Matter of:
Amending Chapter 32 of the ) ORDINANCE NO. 108
Municipal Code and Chapters )
82-2 and 84-26 of Title 8 of )
the Contra Costa County Code )
as Adopted by the City by )
Reference to Regulate the )
Height of Accessory Structures)
in all Residential Zoning )
Districts )
)
The City Council of the City of Danville DOES ORDAIN as
follows:
SECTION 1. Section 82-2.008, Chapter 82-2, General Provisions,
of the County Ordinance Code (as adopted by the City by
reference) is amended to read:"
"82-2.008 Building Height Restriction.
The limits of heights of structures established in
Division 84 for any district shall not apply to chimneys,
telephone poles and telegraph poles. In all cases parapet or
fire walls on buildings or structures otherwise conforming to
the regulations established in Division 84 may be constructed
not higher than three feet."
SECTION 2. Chapter 84-26, M-29 Multiple Family Residential, of
the County Ordinance Code (as adopted by the City by reference)
is amended as follows:
A. Section 84-26.404 is amended by adding a new sub-
section 8 to read:
"84-26.404 Uses With a Land Use Permit.
In the M-29 district, the following uses are permitted on
the issuance of a land use permit:
(1) A home occupation;
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(2) Hospitals, eleemosynary and philanthropic
institutions, convalescent homes, and boarding
homes;
(3) Churches, religious institutions, and parochial
and private schools, including nursery schools;
(4) Community buildings, clubs and activities of a
quasi-public, social, fraternal, or recrea-
tional character, such as golf, tennis, and
swimming clubs; veterans' and fraternal
organizations not organized for monetary
profit;
(5) Greenhouses (over three hundred square feet)
and nurseries for the propagation of plants
only and not including any retail sales of
nursery products;
(6) Publicly owned buildings and structures, except
as provided in Division 82;
(7) Commercial radio and television receiving and
transmitting facilities but not including
broadcasting studios or business offices;
(8) Private radio, amateur radio, and television
antennas, flagpoles, monuments, spires,
wind chargers, and other similar accessory
structures."
B. Section 84-26.802 is amended to read:
"84-26.802 Maximum.
No building permitted in this district shall exceed
thirty feet in height, except that when an M-29 district abuts
any single family residential district, then the building height
maximum of the portion of this district within fifty feet of the
abutting single family residential district shall be twenty
feet.
An accessory structure such as a private radio, amateur
radio or television antenna, or spire shall not extend above the
highest peak of the roof when attached thereto. A ground
mounted antenna shall comply with the height requirements of the
primary structure and shall have a non-shiney finish. A flag
pole shall not exceed 25 feet in height. All other accessory
structures, including spires, shall not exceed 15 feet in
height."
SECTION 3. Chapter 32, Single Family Residential, of the
Danville Municipal Code is amended as follows:
A. Section 8-3203 is amended by adding a new subsection
10) to read:
"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;
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 8-3203b (3) are met;
9) Uses which the Planning Commission has
found, after notice and hearing, to be
comparable to the above uses;
10) Private radio, amateur radio, and
television antennas, flag poles, monuments,
spires, wind chargers and other similar
accessory structures."
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B. Section 8-3207 is amended to read:
"Section 8-3207. Accessory Structures.
(a) A private radio, ham radio or television antenna
or spire shall not extend above the highest peak of the roof
when attached thereto. A ground mounted antenna shall not
exceed 35 feet in height and shall have a non shiney finish.
Flagpoles shall not exceed 25 feet in height. The height of all
accessory structures including spires, but excluding those
stated in Section 8-3207 d. and e. below shall not exceed 15
feet in height."
SECTION 4. Non-Conforminq Structures
An accessory structure affected by this ordinance and in
existence as of the effective date of this ordinance which is
not in compliance with this ordinance shall be considered a
legal non-conforming structure.
SECTION 5. Effective Date.
This ordinance becomes effective 30 days after adoption.
SECTION 6. Publication.
The City Clerk shall either a) have this ordinance
published once within fifteen 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 fifteen days after
adoption.
The foregoing ordinance was introduced at a meeting of the
City Council of the City of Danville at a meeting held
on February 2, 1987 , , and was adopted and ordered
published at a meeting held on March 2,
198~, by the following vote:
AYES: Kennett, Lane, McNee]y, 0ffenhartz, Sch]end0rf
NOES: None
ABSENT: None ~ ~~
MAYOR
ATTEST:
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