HomeMy WebLinkAbout90-18 ORDINANCE NO. 90-18
AN ORDINANCE OF THE TOWN OF DANVILLE AMENDING CHAPTER 35
OF TITLE 8 OF THE DANVILLE MUNICIPAL CODE, RELATING TO DOWNTOWN
BUSINESS DISTRICT ZONING REGULATIONS
THE TOWN COUNCIL OF THE TOWN OF DANVILLE DOES ORDAIN AS FOLLOWS:
SECTION 1. PURPOSE. The purpose of this Ordinance is to amend certain sections of
Chapter 35, Title 8 of the Danville Municipal Code to modify the list of permitted and
conditional uses, administrative procedures, parking and development standards.
SECTION 2. FINDINGS. The Town Council of the Town of Danville makes the following
findings in support of the ordinance amendments:
1. The proposed ordinance amendments are consistent with the Danville 2005
General Plan; and,
2. The proposed ordinance amendments are consistent with the goals and
policies of the Downtown Master Plan; and,
3. The proposed ordinance amendments are consistent with the intent and
purpose of the DBD; Downtown Business District Ordinance No. 135; and,
4. The proposed ordinance amendments are in keeping with the character of
downtown Danville; and,
5. The proposed ordinance amendments encourage the economic growth and
development in downtown Danville.
SECTION 3. ADDING NEW SECTION 8-3502(G) TO THE DANVILLE MUNICIPAL CODE.
New Section 8-3502(G) of the Danville Municipal Code is hereby added to read as follows:
"8-3502(G). "Development" means any new construction or exterior change,
modification or exterior expansion of an existing building." Former Section 8-
3502(G) through (N) are renumbered to conform to this addition.
SECTION 4. AMENDMENT OF SECTION 8-3503(1). Section 8-3503(1) of the Danville
Municipal Code is hereby repealed in its entirety and replaced with the following:
"Section 8-3503 (1). Existing Uses and Structures. A lawful use of land or buildings
existing at the time this chapter becomes effective, but which does not conform to this
chapter, is a legal non-conforming use/business. No review is required for such a
structure, use or business until there is a change of use and/or business. Expansion
or intensification of a legal non-conforming use/business is discouraged. Minor
intensification or expansions may be considered under a Conditional Use Permit
under special circumstances if the application meets the character and intent of the
DBD area in which it is located and there is a finding of substantial conformance with
this chapter.
PAGE 1 OF ORDINANCE 90-18
All exterior alterations of the use/structure require Development Plan review as
outlined in Article 5 of this ordinance. A legal non-conforming use may be sold as
a legal non-conforming use providing the character and type of business remains the
same and all impacts relating to traffic, parking and other environmental impacts are
not increased. A legal non-conforming use shall be deemed illegal after the use
ceases for three months."
SECTION 5. AMENDMENT OF SECTION 8-3510. Section 8-3510 is hereby amended by
adding the following to the end thereof:
"Upon the determination of the Chief of Planning, the list of permitted and conditional
uses in area 1-9 may be expanded to include similar uses, providing that the purpose
and intent of each area is preserved and there is a finding of substantial conformance
with this Chapter."
SECTION 6. AMENDMENT OF SECTION 8-3511(c). Section 8.3511(c) is hereby amended by
adding the following to the end thereof:
"and newspaper offices."
SECTION 7. AMENDMENT OF SECTION 8-3511(d). Section 8.3511(d) is hereby amended
by adding the following to the end thereof:
"(i.e. the expansion of an existing building shall be as follows: (existing first floor
square footage + 60) x 40 = allowable second floor square footage."
SECTION 8. REPEAL OF SECTION 8-3514(b)(1)j. Section 8-3514(b)(1)j is hereby repealed
in its entirety and succeeding subsections k through n are renumbered to conform to such
repeal.
SECTION 9. AMENDMENT OF SECTION 8-3514(c)n. Section 8-3514(c)n is hereby amended
by adding the following to the end thereof:
"n. Nursing/convalescent home"
SECTION 10. REPEAL OF SECTION 8-3515(b)(7). Section 8-3515(b)(7) is hereby repealed
in its entirety and the succeeding subsection is renumbered.
SECTION 11. AMENDMENT OF AND ADDITION TO SECTION 8-3515(c). Section 8-3515(c)
is hereby amended by reformatting the text and adding item 4 to the end thereof:
"(c) Conditional Uses: The following activities are permitted with a Conditional Use
Permit:
(1) Outdoor restaurant seating
(2) Outdoor storage or display of merchandise
(3) Outdoor sales
(4) Child care facilities when integrated into a coordinated project
consisting of the entirety of Area 5."
PAGE 2 OF ORDINANCE 90-18
SECTION 12. AMENDMENT OF SECTION 8-3516(b)(1). Section 8-3516(b)(1) is hereby
amended by adding the following to the end thereof:
"a. Professional offices such as those pertaining to, but not limited to, the practice
of law, architecture, dentistry, medicine, engineering and accounting;
b. Administrative, executive and editorial offices;
c. Business offices for insurance, real estate and investment brokers or
representatives."
SECTION 13. AMENDMENT OF SECTION 8-3516(c). Section 8-3516(c) is hereby amended
by adding the following to the end thereof:
"and child care facilities."
SECTION 14. AMENDMENT OF SECTION 8-3520(3). Section 8-3520(3) is hereby amended
by adding the following to the end thereof:
"unless approved as a part of a development plan permit and requires an
encroachment permit and building permit."
SECTION 15. AMENDMENT OF SECTION 8-3524. Section 8-3524 of the Danville Municipal
Code is hereby repealed in its entirety and replaced with the following:
"Section 8-3524. Setbacks.
The setbacks shown below shall apply for the area in which the building or structure
is located.
Business District Area Setbacks
1,2 Front yard: 10'minimum from a public right
of way. Side and rear yards: no minimum,
except on corner lots where there shall be
a minimum 10' street side, side yard
setback.
3,4 Front yard: 10'minimum from a public right
of way. Side yard: 10' total, minimum of 5'.
Rear yard: 20' minimum.
5,6,7 Front yard: 20' minimum from a public
right of way. Side yard: 15' total, minimum
of 5'. Rear yard: 20' minimum.
PAGE 3 OF ORDINANCE 90-18
8 As previously approved under
DP 84-9.
9 Front yard: 25' minimum from a public
right of way. Side yard: 40' total, minimum
of 20'. Rear yard: 20' minimum."
SECTION 16. AMENDMENT OF SECTION 8-3526(a). Section 8-3526 is hereby repealed in
its entirety and replaced with the following:
"(a) Administrative relief from the provisions of Sections 8-3520, 8-3521 and 8-3522
of this Article 3 may be granted by the Chief of Planning provided that the following
findings can be made:
(1) that the intent of this Chapter will be preserved; and
(2) the applicant/developer can demonswate the regulations of this Chapter
are inapplicable to the characteristics of the business district area in
which the project is located."
SECTION 17. AMENDMENT OF SECTION 8-3531(1)c. Section 8-3531(1)c is hereby
repealed in its entirety and replaced with the following:
"c. An addition to an existing structure is proposed and the work (Note: all
building additions approved after adoption of this ordinance are cumulative):
1. is less than 50% of the existing square footage of the structure.
In this case, the new square footage added must comply with the
new parking standards;
2. is greater than 50% of the existing square footage of the
structure. In this case, the entire square footage of the building,
both existing and new, shall meet the parking requirements of
this chapter."
SECTION 18. AMENDMENT OF SECTION 8-3534(7). Section 8-3534(7) is hereby repealed
in its entirety and replaced with the following:
"(7) Restaurants, night clubs, cocktail lounges:
a. Dine-in restaurants: one space per 100 gross square feet or 1 per 3
seats (whichever is greater);
b. Take-out restaurants: one space per 250 square feet;
c. Combination take-out (primary use) and dine-in restaurants: one space
per 400 square feet behind the counter plus one space per 100 square
feet in front of the counter or I per 3 seats (whichever is greater).
PAGE 4 OF ORDINANCE 90-18
outdoor seating may be provided according to the following formula based on
an approved interior seating plan submitted with a Conditional Use Permit:
o up to 25% of the approved interior seats: no additional spaces
o 26-50% of the approved interior seats: one space per six seats
o over 50% of the approved interior seats: one space per three
seats"
SECTION 19. AMENDMENT OF SECTION 8-3535. Section 8-3535 is hereby repealed in its
entirety and replaced with the following:
"Section 8-3535 Administrative Relief and Parking Reductions.
Administrative relief from the terms of this Article may be granted by the Chief of
Planning if strict application of the requirements of this Article are found to be inappropriate
and measures approved by the City Attorney are incorporated into the project which
preserve the intent of this Article."
SECTION 20. AMENDMENT OF SECTION 8-3542. Section 8-3542 is hereby repealed in its
entirety and replaced with the following:
"Section 8-3542. Approval Procedure
A development plan application shall be submitted to the Planning Commission
and/or the Chief of Planning, as the case may be, for approval. The Chief of Planning or
Planning Commission's decision may be appealed within 10 calendar days or it becomes
final."
SECTION 21. AMENDMENT OF SECTION 8-3544. Section 8-3544 is hereby repealed in its
entirety and replaced with the following:
"Section 8-3544. Termination
(a) Procedure. Development plan approval expires 18 months after the Chief of
Planning or the Planning Commission's approval, as the case may be, if a building permit
has not been issued and construction commenced.
(b) Time Limit Exception. The time limitation in this section applies only to the
first phase of a phased development plan; it does not apply after approval and
implementation of the first phase.
(c) Extensions. Upon a showing of good cause, the Chief of Planning of the
Planning Commission, as the case may be, may grant not more than two extensions of the
time limitations in subsection (a) above, each for no more than one year."
SECTION 22. AMENDMENT OF SECTION 8-3546. Section 8-3546 is hereby repealed in its
entirety and replaced with the following:
PAGE 5 OF ORDINANCE 90-18
"Section 8-3546. Conditional Use Permit
(a) Application. Any application for development plan approval may be
accompanied by an application for a Conditional Use Permit as required by Articles
2, 3 and 4 of this Chapter. A separate application for a Conditional Use Permit may
be submitted for review and approval by the Chief of Planning consistent with the
intent of this Chapter, and may, at the discretion of the Chief of Planning, be referred
to the Planning Commission for disposition.
(b) Expiration. Conditions Use Permit approval expires 18 months after the Chief
of Planning or the Planning Commission's approval if the use has not been
established.
(c) Extensions. Upon a showing of good cause, the Chief of Planning or the
Planning Commission, as the case may be, may grant not more than two
extensions of the time limitations in subsections (a) above, each for no more
than one year."
The foregoing ordinance was introduced at a meeting of the Town Council of the
Town of Danville held on oct. 2, 1990 and was adopted and ordered published at a
meeting of the Town Council held on 10 / 16 / 9 (by the following vote:
AYES: GREENBERG, LANE, RITCHEY, SCHLENDORF, SHIMANSKY
NOES: NONE
ABSENT: NONE M ayo<~~r O:)4
Approved as to form:
acmcm5
PAGE 6 OF ORDINANCE 90-18