HomeMy WebLinkAbout94-08 Ordinance No. 94-08
AN ORDINANCE OF THE TOWN OF DANVILLE
DELETING SECTIONS 32-15.1 - 32-15.47 DOWNTOWN BUSINESS DISTRICT
ARTICLE III OF CHAPTER 32 AND ADDING NEW SECTIONS 32-15.1 - 32-15.47
TO ARTICLE III OF CHAPTER 32 OF THE DANVILLE
MUNICIPAL CODE REGARDING THE REGULATION OF LAND USE
AND DEVELOPMENT OF PROPERTIES WITHIN THE
DESIGNATED DOWNTOWN AREA
THE TOWN COUNCIL OF THE TOWN OF DANVILLE DOES ORDAIN AS
FOLLOWS:
SECTION ONE: Sections 32-15.1 through 32-15.47 are hereby deleted in their
entirety in the Danville Municipal Code. Sections 32-15.1 through 32-15.47 are hereby
added to the Danville Municipal Code, to read as follows:
SECTION TWO: Findings. The Town Council of the Town of Danville makes the
following findings in support of the Downtown Business District Ordinance:
1. The proposed ordinance is consistent with the Danville 2005 General Plan and
the Downtown Master Plan.
2. The proposed ordinance will help stimulate development and attract new
businesses to downtown Danville.
3. The proposed ordinance will provide more flexibility in considering alternative
development proposals.
4. The proposed ordinance will encourage economic growth in Danville.
4. There is no evidence before the Town that the proposed ordinance will have
potential for an adverse effect on wildlife resources or the habitat upon which
the wildlife depends.
SECTION THREE: Title. This Ordinance shall be entitled the
"Downtown Business District Ordinance."
PAGE 1 OF ORDINANCE 94-08
DIVISION 1. INTRODUCTION
32.15.1 Purpose and Intent.
It is the purpose and intent of this chapter to provide the Town of Danville with a set
of land uses and development standards for the continued physical and economic
growth of the designated downtown area.
Within Danville, there is a significant architectural character in the buildings and
development of the downtown area. This chapter emphasizes preserving, maintaining
and encouraging the significant aspects of that architectural environment.
The Downtown Business District includes nine individual sub-areas which detail
specific land uses that may occur.
32-15.2 Definitions and Measurement Standards.
In this chapter unless the context otherwise requires:
a. "Building site area" means the total land area of the property available for
development of buildings, parking and landscape.
b. "Setbacks from street corner" means that point of intersection of the required
setback lines from access streets, prolonged to the point of intersection.
c. "Front" and "side" of corner lots mean the narrowest frontage of a lot facing the
street is the front and the longest frontage facing the intersecting street is the side,
regardless of which direction the structure faces.
d. "Building overhang" means any portion of a structure (including appurtenant
structures) which abuts and extends over the foundation line of the building.
e. "Area of elevation" means the total height and length of a building as viewed
from off-site.
f. "Business" means the specific enterprise, occupant or tenant utilizing space
within a structure.
g. "Development" means any new construction or exterior change, modification or
exterior expansion of an existing building.
PAGE 2 OF ORDINANCE 94-08
h. "Use" means the type of business (e.g., retail, restaurant, service commercial,
service office, office, etc.).
i. "Heritage Resource" means a structure so designated by the Heritage Resources
Commission.
j. "Legal non-conforming use" means a use which does not conform to these
regulations, and which was in existence prior to adoption of this chapter.
k. "Legal non-conforming business" means a business which does not conform to
these regulations which was in existence prior to adoption of this Chapter.
1. "Outdoor Sales" means any outdoor sale or display of merchandise on a regular
or continuing basis.
m. "Zoning Compliance Certificate" is that form which details the nature of a
business and certifies that it meets the requirements of this chapter.
n. "Arbors" are open trellis-like elements which can be used to emphasize building
entries or outdoor activity spaces.
o. "Awnings" are opaque canvas or synthetic fiber coverings which provide shade
from sun and protection from the elements.
p. "Facia" is that portion of a structure which presents a flat, horizontal band
across the eave line of a building elevation.
q. "Soffit" is the horizontal underside of either an eave or building projection.
r. "Temporary Sales Event" means an administrative Conditional Use Permit issued
by the Planning Division for an outdoor sales event where merchandise is displayed
entirely on site and lasts no longer than six days every six months.
32-15.3 Applicability.
This chapter applies to all development within the Downtown Business District
(designated DBD on the Town zoning map) and regulates all existing uses, remodels
and new construction.
The owner of any new business shall obtain a Certificate of Zoning Compliance from
the Town prior to occupancy. A certificate shall be issued if the proposed
PAGE 3 OF ORDINANCE 94-08
business/use complies with the land use designations in this chapter and all
development standards, including parking, have been met.
Land uses will be regulated through the Development Plan review procedure as
follows:
a. Existing Uses and Structures. A lawful use of land or buildings existing on
November 21, 1988, 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.
All exterior alterations of the use/structure require Development Plan review as
outlined in Division 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 twelve consecutive months.
b. New Uses Within an Existing Structure. When a new use/business is proposed
for an existing structure necessitating exterior alterations to the structure the owner is
required to obtain Development Plan approval pursuant to Division 5.
c. New Structures. Development Plan approval pursuant to Division 5 is required
for a new project. A "new project" is one that involves a complete redevelopment of
the site, all new construction of a building, or remodeling which results in an increase
of the floor area of an existing building.
d. Designated Heritage Resources. Any additions to a designated Heritage
Resource will require Development Plan approval pursuant to Division 5. However,
special considerations will be developed for these structures by the Heritage Resource
Commission.
32.15.4- 32-15.9 Reserved.
PAGE 4 OF ORDINANCE 94-08
DMSION 2. SPECIFIC USES AND DEFINITIONS
32-15.10 Exhibit "A"; Land Use Areas.
There are nine land use areas within the Downtown Business District as delineated on
Exhibit "A".
These nine areas are intended to accommodate a mix of uses and to guide
development to appropriate locations within the downtown area, consistent with the
Downtown Master Plan and the General Plan. The areas and their permitted uses are
as set forth in Sections 32-15.11 thru 32-15.19. 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.
32-15.11 Area 1: Old Town Retail.
a. Purpose. To provide for an intensely developed central core area of retail,
service/commercial or service office businesses where merchandise is stored on-site
and all transactions and/or services occur entirely within an enclosed building. Retail
is defined as any business which devotes the major portion of the interior space to
exhibit products which are for sale to the general public and which provides
pedestrian interest and amenities. Uses in this area encourage shoppers to visit several
stores after parking or arriving by public transit.
b. Permitted Uses. The following uses are permitted in Area 1 subject to the
development requirements in subsection d.:
1. Retail businesses selling items, or providing services, such as, but not
limited to, the following:
a. Accessories
b. Antiques/clocks
c. Appliances
d. Arts/Crafts
e. Bakery/candy/creamery
f. Books
g. Clothing/shoes
h. Copying/duplicating/printing
i. Drug stores
PAGE 5 OF ORDINANCE 94-08
j. Dry goods
ko Florist
1. Food market/delicatessens
m. Furniture/floor coverings
n. Gifts
o. Hardware
p o Hobby items/toys
q. Interior decorator with goods
ro Jewelry
s. Linens
to Liquor/tobacco
u. Luggage
v. Music
w. Newsstand/office supply & machines/stationary/cards
x. Optical goods & service
y. Paint/wallpaper
z. Pets
aa. Photo supply/photo processing
ab. Picture framing/art gallery/artist supply
ac. Portrait Studios
ad. Post office/parcel service
ae. Saddlery
af. 8hoe/garment repair with goods
ag. 8porting goods/bicycles
ah. Stamps/coins
ai. W/radio
aj. Travel Agencies
2. Restaurants/taverns
3. Personal service uses such as, but not limited to, beauty shops, barbers,
nail salons.
4. Service/commercial uses such as, but not limited to, the following:
a. Business, professional, schools
b. Cultural improvement schools such as, but not limited to, music,
dance and judo
c. Health/fitness club
d. Places of cultural entertainment including museums, libraries
and theaters
PAGE 6 OF ORDINANCE 94-08
e. Other similar uses as described above shall
be determined by the Chief of Planning
5. Service office uses such as, but not limited to, the following:
a. Escrow/title/notary public
b. Financial institutions/banks/savings & loan
c. Investment brokers/mortgage brokers
d. Public utilities
e. Real estate
6. Government facilities
7. Political, civic and charitable organizations
8. Accessory uses where related and incidental to permitted uses.
c. Conditional uses. The following activities are permitted upon issuance of a
Conditional Use Permit: outdoor restaurant seating, outdoor storage or display of
merchandise, outdoor sales and newspaper offices. Other uses not specifically
permitted or conditionally permitted in Area 1 or allowed via Section 32-15.10, may be
authorized by the Planning Commission on a case-by-case basis if a finding is made
that the proposed use is consistent with the intent and purpose of this section. Such
case-by-case review shall take into consideration the location, size and design of the
building and the ability to effectively market a retail business.
d. Development Requirements.
1. The maximum floor area ratio (F.A.R.) is .8 (80% of the gross site area).
Total square footage of any second floor space shall not exceed 40% of
the total gross building floor area, (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.
2. Seventy-five (75%) of the total ground floor space shall be devoted to
retail/restaurant space as defined by Section 32-15.11 b.1 and b.2.
Personal service, service/commercial and service office uses as defined in
Section 32-15.11 b.3, b.4 and b.5 are permitted to locate in the remainder
of the ground floor in courtyard areas off the main pedestrian access, or
on the second floor, provided such uses involve substantial pedestrian
PAGE 7 OF ORDINANCE 94-08
traffic on a daily basis. The permitted personal service/service office
uses are those which provide on-site service to customers as their
primary activity and which are compatible with the immediate area.
30 Office uses as described in Section 32-15o16 b.2 and b.3 are permitted on
the second floor.
The requirements of Section 32-15.11d.2. above shall not take effect until
May 1, 1997. All outstanding entitlements without building permits as of
May 1, 1997, which are inconsistent with this Section shall terminate on
May 1, 1997.
32-15.12 Area 2: Old Town Retail Transition.
a. Purpose. To provide a transition and buffer between the more intensely
developed central business district (Old Town Retail; Area 1) and areas designated for
mixed use and commercial development. Permitted uses are intended to draw patrons
on a limited basis from the pedestrian-oriented uses in Area 1. This area incorporates
retail uses which require larger amounts of storage and staging areas as well as service
commercial uses which provide access to both the pedestrian and automobile user.
Permitted Uses. The following uses are permitted in Area 2, subject to the
development requirements in subsection d:
1. All retail, restaurant, personal service, service commercial and service
office uses as permitted in Section 32-15.11b (Area 1-Old Town Retail),
and the following:
a. Amusement places/arcades
b. Auditorium
c. Catering
d. Clothes/carpet/drapery cleaners without plant
e. Emergency medical care
f. Hotels/motels/bed & breakfast
2. Government facilities
3. Political, civic and charitable organizations
4. Incidental accessory uses.
PAGE 8 OF ORDINANCE 94-08
c. Conditional Uses. The following activities are permitted with a Conditional Use
Permit: child care, outdoor restaurant seating, outdoor storage or display of
merchandise, outdoor sales, drive-thru facilities and clothes/carpet/drapery cleaners
with plant (if it can be demonstrated that the equipment to be used will not emit
obnoxious odors, fumes or other negative environmental effects). Other uses not
specifically permitted or conditionally permitted in Area 2, or allowed via Section 32-
15.10, may be authorized by the Planning Commission on a case-by-case basis if a
finding is made that the proposed use is consistent with the intent and purpose of this
section. Such case-by-case review shall take into consideration the location, size and
design of the building.
d. Development Requirements.
1. The maximum floor area ratio (F.A.R.) is .8 (80% of the gross site area).
2. A minimum of twenty-five (25%) of the total ground floor space shall be
devoted to retail/restaurant/personal service and service commercial
uses as described in Section 32-15.11 b.1, b.2, b.3 and b.4 and Section
32-15.12 b.1., service office uses as described in Section 32-15.11 b.5 are
permitted to locate in up to 75% of the remaining portion of the ground
floor space in courtyard areas off the main pedestrian access, or on the
second floor.
3. Office uses as described in Section 32-15.16 b.2 and b.3 are permitted on
the second floor only.
4. The requirements of Section 32-15.11d.2. above shall not take effect until
May 1, 1997. All outstanding entitlements without building permits as of
May 1, 1997, which are inconsistent with this Section shall terminate on
May 1, 1997.
32-15.13 Area 3: Old Town Mixed Use
a. Purpose. To introduce uses that are consistent and compatible with the
pedestrian orientation of Area l-Old Town Retail (Section 32-15.11).
b. Permitted Uses. The following uses are permitted in Area 3:
1. All uses permitted in Section 32-15.11b. (Area 1-Old Town Retail) and
Section 32-15.12b. (Area 2-Old Town Retail Transition)
2. All uses permitted in Section 32-15.16 (Area 6-Business and Professional
PAGE 9 OF ORDINANCE 94-08
Offices).
c. Conditional Uses. The following activities are permitted with a Conditional Use
Permit: child care, outdoor restaurant seating, outdoor storage or display of
merchandise, drive-thru facilities and outdoor sales. Other uses not specifically
permitted or conditionally permitted in Area 3, or allowed via Section 52-15.10, may
be authorized by the Planning Commission on a case-by-case basis if a finding is made
that the proposed use is consistent with the intent and purpose of this section. Such
case-by-case review shall take into consideration the location, size and design of the
building.
d. Development Requirements. The maximum floor area ratio (F.A.R.) is .65 (65%
of the gross site area).
32-15.14 Area 4: Resident Serving Commercial.
a. Purpose. To provide services for the convenience of residents and the general
community. Uses for this area include those uses which are not compatible with uses
in a traditional central business district (Areas 1 and 2).
b. Permitted Uses.
1. All retail, restaurant, personal service, service/commercial and service
office uses as permitted in Section 32-15.11b and Section 32-15.12b.1,
and the following:
a. Cabinet shop
b. Glass shops and repair facilities
c. Gunsmith
d. Home improvement services
e. Janitorial supply and service
f. Locksmith
g. Miscellaneous repair of household goods/business equipment
h. Mortuary
i. Nursery and gardening sales and supplies
j. Pool supply
k. Service station
1. Trade schools
m. Upholstery supply/repair
2. Automotive oriented services such as, but not limited to, auto upholstery
PAGE 10 OF ORDINANCE 94-08
3. Office uses as described in Section 32-15.16b.2 and b.3 are permitted on
the second floor only.
c. Conditional Uses. The following activities are permitted with a Conditional Use
Permit:
1. Child care facility
2. Drive-thru facilities
3. Outdoor restaurant seating
4. Outdoor storage or display of merchandise
5. Outdoor sales
6. Equipment sales and rental
7. Heating, air conditioning/plumbing supply and repair
8. Laundromat/cleaners with plant
9. Sign painting
100 Storage building
11. Veterinarian hospital/boarding/pet grooming
12. Auto/boat/motorcycle/trailer/recreational vehicle sales or rentals
13. Auto wash
14. Auto repair (body, paint and tire) excluding wrecking and salvage
15. Wholesale/assembly/minor manufacturing plants with storage and
processing incidental to retail operation where not offensive or
objectional because of odor, dust, smoke, noise or vibration.
16. Nursing/convalescent home
Other uses not specifically permitted or conditionally permitted in Area 4, or
allowed via Section 32-15.10, may be authorized by the Planning Commission
on a case-by-case basis if a finding is made that the proposed use is consistent
with the intent and purpose of this section. Such case-by-case review shall take
into consideration the location, size and design of the building.
d. Development Requirements. The maximum floor area ratio(F.A.R.) is .5 (50% of
the gross site area).
32-15.15 Area 5: Commercial/Residential Mixed Use.
a. Purpose. Area 5 is also referred to as the Charlotte Wood School Site. This
area shall include a mix of uses serving to complement and support the retail and
restaurant uses of Areas 1, 2 and 3. A minimum of two acres shall be devoted to
public uses.
PAGE 11 OF ORDINANCE 94-08
b. Permitted Uses. The following uses are permitted in Area 5:
1. Retail as permitted in Section 32-15.11bol
2. Restaurants
3. Service office as described in Section 32-15.11b.5 and office as described
in Section 32-15.16b.2 and 3
4. Residential uses as permitted in Section 32-15.19
5. Public uses such as, but not limited to, meeting rooms, theaters,
auditoriums, libraries, etc.
Hotel
7. Accessory uses related and incidental to permitted uses.
c. Conditional Uses: The following activities are permitted with a Conditional Use
Permit:
1. Drive-thru facilities
2. Outdoor restaurant seating
3. Outdoor storage or display of merchandise
4. Outdoor sales
5. Child care facilities when integrated into a coordinated project consisting
of the entirety of Area 5.
Other uses not specifically permitted or conditionally permitted in Area
5, or allowed via Section 32-15.10, may be authorized by the Planning
Commission on a case-by-case basis if a finding is made that the
proposed use is consistent with the intent and purpose of this section.
Such case-by-case review shall take into consideration the location, size
and design of the building.
d. Development Requirements. The maximum floor area ratio (F.A.R.) is .5 (50%
of the gross site area) over the portion of the site to be developed with private uses.
Buildings may be up to three stories or 50 feet in height, whichever is less (see Section
32-15.23).
32-15.16 Area 6: Business and Professional Offices.
a. Purpose. To allow a combination of commercial activity and business and
professional offices except for retail commercial sales which are not ancillary to the
specifically permitted uses.
PAGE 12 OF ORDINANCE 94-08
b. Permitted Uses. The following uses are permitted in Area 6:
1. Development north and south of Town and Country Drive, east of Sheri
Lane shall be limited office use as approved through previous general
plan amendment and development plan entitlement.
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.
2. Professional offices including, but not limited to:
a. Accountants
b. Attorneys
c. Consultants
d. Doctors, dentists, etc.
e. Engineers, architects, planners, etc.
3. Business offices including, but not limited to:
a. Advertising agencies
b. Answering services
c. Corporate headquarters
d. Employment agencies
e. Insurance companies
f. Laboratories
g. Newspapers
h. Photographers, artists, etc.
i. Public relations
j. Secretarial services
4. Service offices as described in Section 32-15.11b.5
5. Government facilities
6. Political, civic, and charitable organizations
7. Accessory uses where related and incidental to permitted uses.
PAGE 13 OF ORDINANCE 94-08
c. Conditional uses. Except for item b.1. above, the following uses are permitted
with a Conditional Use Permit: restaurants; health clubs; veterinarians and child care
facilities° Other uses not specifically permitted or conditionally permitted in Area 6, or
allowed via Section 32-15.10, may be authorized by the Planning Commission on a
case-by-case basis if a finding is made that the proposed use is consistent with the
intent and purpose of this section. Such case-by-case review shall take into
consideration the location, size and design of the building.
d. Development Requirements. The maximum floor area ratio (F.A.R.) is .65 (65%
of the gross site area).
32-15.17 Area 7: Retail.
a. Purpose. To allow the continued use of retail business which sells goods,
wares & merchandise directly to the ultimate consumer.
b. Permitted Uses. The following uses are permitted in Area 7:
1. All uses permitted in Section 32-15.11 (Area 1 - Old Town Retail)
2. All uses permitted in Section 32-15a12 (Area 2 - Old Town Retail
Transition).
c. Conditional Uses. The following activities are permitted with a Conditional Use
Permit: child care, drive-thru facility, outdoor restaurant seating, outdoor storage or
display of merchandise, and outdoor sales. Other uses not specifically permitted or
conditionally permitted in Area 7, or allowed via Section 32-15.10, may be authorized
by the Planning Commission on a case-by-case basis if a finding is made that the
proposed use is consistent with the intent and purpose of this section. Such case-by-
case review shall take into consideration the location, size and design of the building.
d. Development Requirements. The maximum floor area ratio (F.A.R. is .35 (35%
of the gross area).
32-15.18 Area 8: Retail/Office.
a. Purpose. This area is referred to as the Livery and Mercantile Shopping Center.
This site was developed under an existing P-1 Planned Unit District and maintains its
own land uses and controls.
b. Permitted Uses. As previously approved under DP 83-3 and DP 84-9.
PAGE 14 OF ORDINANCE 94-08
c. Conditional Uses. The following activities are permitted with a Conditional Use
Permit: child care, drive-thru facility, outdoor restaurant seating, outdoor storage or
display of merchandise, and outdoor sales. Other uses not specifically permitted or
conditionally permitted in Area 8, or allowed via Section 32-15.10, may be authorized
by the Planning Commission on a case-by-case basis if a finding is made that the
proposed use is consistent with the intent and purpose of this section. Such case-by-
case review shall take into consideration the location, size and design of the building.
d. Development Requirements. The maximum floor area ratio (F.A.R.) is .35 (35%
of the gross site area).
32-15.19 Area 9: Multi-family Residential.
a. Purpose. To permit the continued use of properties for multi-family residential
uses consistent with the adopted land use designations in the General Plan.
Permitted Uses. The following uses are permitted in Area 9:
1. All multi-family residential uses permitted under Chapter 84-26 of the
Danville Municipal Code.
2. Senior citizen residential facilities may be considered pursuant to
California Government Code Section 65915.
c. Conditional Uses. Conditional uses as contained in Chapter 84-26.404 of the
Danville Municipal Code may be permitted with a Conditional Use Permit.
DMSION 3. DEVELOPMENT STANDARDS
32-15.20 Architectural Development Standards.
This Section sets forth specific architectural design guidelines for the rehabilitation of
existing structures and the development of new structures in the designated Downtown
Business District.
The following construction materials and detailing apply to the nine land use areas set
forth in Division 2:
PAGE 15 OF ORDINANCE 94-08
a. Windows
1. Windows above the first floor shall be placed in a regular pattern or
patterns.
2. Victorian or other carpenter style windows with 2x4 bracketing framing,
built out lintels and trim are encouraged.
3. Storefront windows shall emphasize vertical composition in a manner
consistent with a historic design theme. Vast plate glass panels should be
avoided. Divided light windows are encouraged.
4. Nail-on windows may be permitted if architecturally compatible with the
structure and authentically detailed and trimmed.
b. Materials and Colors
1. All exterior materials shall be authentic and used in an historical manner.
2. Wood siding. Horizontal butt and lap siding as well as vertical board and
batt siding or decorative wood shakes.
3. Masonry. Sandblasted or used brick or stone, consistent with the historic
theme.
4. Stucco, if combined with masonry. Exclusive use of stucco and the
combination of wood siding and stucco are discouraged.
5. Materials not considered consistent with the historic theme include
masonry such as lava rock, permastone, "antiqued" brick and slumpstone;
wood including plywood siding, hardboard or pressboard; fiberglass
wood panels, corrugated siding; or plastic.
6. Building colors shall be consistent with the historic theme. Subdued
background colors and colorful trim are encouraged.
c. Building Projections and Sidewalk Coverings. Overhead projections including
arbors and awnings are encouraged but may not overhang the public right-of-way,
unless approved as a part of a development plan permit and requires an
encroachment and building permit.
PAGE 16 OF ORDINANCE 94-08
d. Roofs. Roofs shall be an integral part of the building design which complement
the structure in scale, height and mass.
1. Roof elements shall be similarly treated and architecturally integrated on
all building elevations. The combination of incompatible roof elements
(Le., hip and mansard) is not permitted.
2. Roof lines shall provide interest in shape, and color, and shall be
architecturally compatible with the main structure.
3. All roof-mounted mechanical and electrical equipment shall be fully
integrated into the overall roof design so as to be totally screened from
off-site view.
4. Decorative parapets, shakes and cornices are encouraged to terminate
building facades.
5. Materials. The following roof materials are appropriate when designed as
a Class A or B occupancy rating under the Uniform Building Code:
a. Wood shingles or shakes
b. Concrete tile
c. Synthetic roof materials consistent with the historical
architectural theme
d. Slate
6. Pitch. The following roof designs and pitches are considered
appropriate.
a. Hip and/or gable roofs with a minimum roof pitch of 6:12 on
dominant roof structures visible from off-site.
b. Flat/minimum pitch roofs are permitted when combined with
false front architectural styles provided that no portion of the
roof is visible from off-site.
7. The following roof styles and designs are not permitted:
a. Mansard
b. Shed
c. Built up or flat/minimum pitch roofs such that they may be
PAGE 17 OF ORDINANCE 94-08
viewed from off-site.
e o Fascia and Soffit~
1. A fascia shall be continuous and deep, creating a unifying element that
ties existing and new developments together visually.
2. Soffits shall be utilized wherever possible, shall incorporate lighting and
may be used to hang business identification signs.
f. Storefront Entries.
1. Recessed entries are encouraged to create added window display area
and allow for increased outdoor entry space.
2. Rear and side entries shall be compatible with front entries unless such
entries are visually unaccessible.
3. Storefront windows shall project or be recessed for added relief on
building facades.
4o Window coverings, including permanent and temporary signage, shall not
block pedestrian views to the interior.
g. Project Design.
1. Outdoor spaces defined or partially enclosed by buildings shall be
designed to function as nodes.
2. Where appropriate, building edge treatment shall create areas for sitting
and walking. Long, straight building elevations shall be avoided.
3. False detailing is appropriate where applied in a historically authentic
manner consistent with the architectural integrity of the structure.
4. Detailing shall be an integral part of the building design and used
appropriately throughout°
5. Exterior lighting shall be addressed as an integral part of building
landscaping and desi§n.
PAGE 18 OF ORDINANCE 94-08
h. Storage and Refuse Collection Areas.
1. All outdoor storage and refuse collection areas shall be enclosed and
screened so that they are not visible from access streets and adjacent
properties.
2. Outdoor storage of all company owned and operated motor vehicles,
except for passenger vehicles, shall be reasonably screened from view
from access streets, freeways and adjacent properties.
3. Storage or refuse collection are not permitted within front yard setback
areas.
32-15.21 Landscaping Development Standards
The following landscaping development standards apply in the Downtown Business
District:
a. General. Each building site shall have a minimum landscaped coverage of
twenty (20) percent. All landscaping shall be provided with an automatic irrigation
system. All trees shall be minimum 15 gallon size. Shrubs shall be minimum 5 gallon
size. Shrubs used as ground cover shall be minimum 1 gallon size. All unpaved,
non-work areas (excluding vacant lots) shall be landscaped.
b. Hardscape. All sidewalks, decks and patios shall be constructed using concrete,
exposed aggregate, stamped concrete, bricks, brick pavers, wood decking, tile or
terrazzo. The use of asphalt pavement is only permitted in driveway and parking
areas. A maximum credit of 25% of the total landscape requirement may be allowed
for hardscape.
c. Perimeter Areas. Perimeter landscaping is required along all property lines
where buildings are set back from the lot line. One (1) tree per thirty (30) lineal feet
of property line shall be planted in the perimeter area in addition to required ground
cover and shrubs. Trees may be clustered or uniformly spaced.
d. Frontage Landscaping. Frontage landscaping shall conform with the adopted
Streetscape Beautification Guidelines.
PAGE 19 OF ORDINANCE 94-08
e. Parking Areas.
1. A planter or landscaped strip at least five feet in width shall be provided
adjacent to street rights-of-way. Automobiles should be screened from
off-site views with a combination of planting, berming and walls.
2. Driveway and parking areas shall be separated from adjacent landscaping
by a wall or curb at least four inches high, but no more than three feet
six inches in height.
3. One tree for each five parking stalls shall be installed within fingers or
medians which project into the paved area.
f. Undeveloped Areas. Interim landscaping, including erosion control measures,
shall be provided on all graded sites which will remain vacant prior to building
construction. Undeveloped areas shall be maintained in a weed-free condition.
g. Landscaping Maintenance. Prior to building occupancy, the owner shall provide
the Town with an executed maintenance agreement which assures maintenance of all
landscaped areas. The Town may enforce such agreement at the cost of property
owner of record. The maintenance agreement shall include:
1. Lawn and ground covers to be trimmed or mowed regularly; all
planting areas to be kept free of weeds and debris.
2. All plantings to be kept in a healthy and growing condition with
fertilizing, cultivation and tree pruning as a part of regular
maintenance.
3. Automatic irrigation systems to be kept in working condition with
adjustments, replacements, repair and cleaning as a part of regular
maintenance.
40 Stakes, guys and ties on trees to be checked regularly for correct
function. Ties are to be adjusted to avoid creating abrasions or
girdling on trunks or branches.
5. All landscaping including sidewalks, patios and decks to be
repaired and cleaned as a part of regular maintenance.
PAGE 20 OF ORDINANCE 94-08
32-15.22 Lot Area and Width.
The minimum lot area shall be thirty-five hundred square feet (3500), with a minimum
average lot width of thirty-five (35) feet except where a smaller lot existed prior to the
adoption of this ordinance.
32-15.23 Building Height.
All buildings and structures are limited to the height shown below for the area in
which the structure is located. The height limitation applies to roofs, roof projections,
mechanical equipment, microwave sending and receiving devices and all other
projections. Height is measured from the highest point on the natural ground to the
highest point on the structure.
Business District Area Maximum Height
1, 2, 3, 4, 7, 9 two stories or 35 feet, whichever is less
5 three stories or 50 feet, whichever is
less
6 two stories or 35 feet, whichever is less;
for Town and Country Drive, as
previously established through general
plan amendment and development plan
entitlement.
8 as established in the P-1 standards for
the Livery and Mercantile (Dev. Plan
No. 84-9)
32-15.24 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
PAGE 21 OF ORDINANCE 94-08
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.
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.
32-15.25 General Requirements.
a. Grading within the Downtown Business District is subject to the approval of the
Chief of Planning and the Chief Building Official and is allowed by permit only if a
Development Plan has first been approved by the Town.
b. No excavation or grading shall be done except in connection with the
construction of an improvement. Upon completion thereof, exposed openings shall be
backfilled and disturbed ground shall be finished and graded. Where not built upon,
all sites shall be landscaped consistent with the intent of this ordinance.
c. All access plans, necessary right-of-way dedications and improvements shall
comply with the requirements and approval of the City Engineer.
d. If regulations contained in this chapter are inconsistent with the regulations of
County Ordinance Code Chapters 82-16, 84-52 and 84-66 (adopted by the Town), the
regulations of this Chapter prevail.
e. Before a change in business or use, the new business or use is required to
obtain a certificate of zoning compliance from the Chief of Planning.
PAGE 22 OF ORDINANCE 94-08
f. Before accepting a Development Plan application, the Chief of Planning or the
Heritage Resource Commission shall determine the historical significance of the site.
32-15.36 Administrative Relief.
a. Administrative relief from the provisions of Sections 32-15.20, 32-15.21 and 32-
15022 of this Division 3 may be granted by the Chief of Planning provided that the
following findings can be made:
1o that the intent of this Chapter will be preserved; and
2. the applicant/developer can demonstrate the regulations of this
Chapter are inapplicable to the characteristics of the business
district area in which the project is located.
b. The variance procedure set forth in Section 32-15.47 applies to changes of a
requirement of Sections 32-15.23 through 32-15.25.
32-15.27 - 32-15.29 RESERVED
DMSION 4. PARKING STANDARDS
35-15.30 General Requirements for On-Site Parking
a. Applicability to Existing Land Uses. A land use existing in the Downtown
Business District as of November 21, 1988, or for which a building permit has been
issued, is not subject to the requirements of this section until there is a change of
use/business or expansion of the structure, provided that on-site parking facilities now
required or serving such land uses are not reduced below these requirements in the
future. A project already approved as of November 21, 1988 shall comply with the
original conditions of approval until a new project is submitted and approved for the
site. Parking required by the original conditions of approval may be removed with
approval of the Planning Commission provided the owner demonstrates that removal
is consistent with the intent and purpose of this chapter.
b. Fractional Parking Space. Where the computation of required on-site parking
spaces results in a fractional number, only the fraction of one-half or more shall be
counted as one.
PAGE 23 OF ORDINANCE 94-08
c. Mixed Uses. Where property is occupied or intended to be occupied by two or
more uses which fall into different use classifications, the on-site parking requirement
shall be the sum of the requirements for the various individual uses, computed
separately. On-site parking provided for one use shall not be considered as being
provided for any other use unless a joint-use parking agreement is first approved by
the Town.
d. loint-Use Parking Agreements. A joint-use parking agreement may be used
when the Town determines that all of the required parking cannot be met on-site or in
the Town's municipal parking lots. A joint-use parking agreement may be considered
when the joint-use parking is to be provided on an adjacent lot but in no instance shall
the distance from the adjacent parking to the proposed facility be greater than one
hundred fifty (150) feet. Such parking shall be specifically designated for the uses to
which it is assigned. The same parking spaces may not be counted toward the
required parking for more than one use at a time.
The applicant shall provide evidence to the satisfaction of the Chief of Planning
that the joint-use parking agreement provides for a specified number of parking stalls,
is recorded to run with the property and is enforceable for a specified term.
e. Shared Parking. "Shared parking" means that a portion of the required parking
spaces is provided on-site and/or a portion is provided in the municipal parking lot
where the same parking spaces are assigned to more than one use at one time.
Shared parking is required in Areas 1, 2, 3 & 5.
Because Areas 1, 2, 3 and 5 are developed with high density retail uses and the
availability of on-site parking is limited, a parking reduction may be considered when
it is determined that shared parking will be used. This parking reduction will only be
allowed when a minimum of 25% of the required parking is purchased in the off-site
public lot
or when the development exceeds 20,000 square feet of gross building floor area. The
shared parking credit shall be determined according to the schedule below.
Use Shared Credit In Lieu Fee
Retail 20% 500/0
Restaurant 20% 100%
Service Office
(lst Floor/Area l&2) 0% 100%
PAGE 24 OF ORDINANCE 94-08
Second Floor/Area l&2
and all other areas 20% 100%
Office 20% 100%
Personal Service 20% 100%
Service/Commercial 20% 100%
Designated Heritage
Resource Determined by Heritage Resource Commission
f. In Lieu fees. The amount of the In-lieu Fees for each off-site parking
space in the municipal lots shall be determined by the Town Council.
g. Tandem Parking. Tandem parking is permitted only when the parking is used
to meet the needs of employees or valet service is being provided. The property for
which tandem parking is permitted must be posted or designated as such and the
owner must record a deed restriction.
h. Compact Parking. Up to 30% of the required parking may be provided in
compact stalls. The compact stall dimension shall measure a minimum of 8 feet by 16
feeto
Historic Preservation Parking Relief. A reduction in the total number of parking
spaces required under this Chapter for a property designated an Heritage Resource
shall be permitted according to the determination made by the Heritage Resources
Commission.
j. Assessment District 73/74. Contra Costa County. Any parcel of land located
within the existing Municipal Lot Assessment District (AD 73/74) shall receive credit
for participation in that district by one of the following:
1. If the parcel is within the 100% area of benefit (located adjacent to
the Municipal Parking Lot) then that parcel shall receive full credit
for the number of parking spaces for the existing use on the site.
2. If the parcel is located outside of the 100% area of benefit
(non-contiguous to the Municipal Parking Lot) then it shall receive
full credit for the actual on-site spaces plus full credit for the
actual dollar amount paid into AD 73/74 against payment of any in
PAGE 25 OF ORDINANCE 94-08
t-~
lieu feeso
k. Loading and Deliveries. Deliveries are encouraged in the Downtown Business
District between the hours of 6:00 a.m. and 11:00 a.m. due to the commercial density
of the area and the disruptive nature of loading activities at later times. Each
Development Plan shall be required to include provisions for off-site loading such as a
designated area, parking management plan or provisions for the use of a required
parking stall to be used for loading during off-business hours. Handicapped parking
stalls may be used for deliveries during hours in which the business being served is
not open to the public.
1. Parking areas may not be used for merchandise sales, storage, repair
work, dismantling or servicing of any kind.
32-15.31 Old Town Parking Area.
The special parking requirements of this section apply in Area 1, Area 2 and Area 3 of
the Downtown Business District°
a. Applicability: Existing on-site parking shall be allowed until one of the following
occurs, at which time the property owner shall comply with the requirements of
paragraph b. below.
1. The property in question is completely redeveloped with new
structures and new uses/businesses; or
2. A change of use/business is proposed which will intensify the
parking demand; or
3. An addition to an existing structure is proposed and the work
(Note: all building additions approved after adoption of this
ordinance are cumulative):
a) 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;
b) 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
PAGE 26 OF ORDINANCE 94-08
meet the parking requirements of this
chapter°
b. Parking District Designations and Requirements:
Parking District A. The boundaries of Parking District A are contiguous
with the boundaries of Area 1 (Old Town Retail) as designated on Exhibit
"A", Proposed development within Parking District A shall conform to the
following standards and those standards in Sections 32-15.32 and 32-
15.34.
a) A minimum of 50% of the required parking shall be
provided off-site in municipal parking lots.
b) On-site parking may be provided underground or
at grade as long as it is adequately screened. At
grade parking located along Hartz Avenue shall be
placed to the rear of buildings or substantially set
back and buffered with berming, walls and
landscaping which screen the parked vehicles.
c. Curb cuts shall be combined and minimized.
2. Parking District B. The boundaries of Parking District B are contiguous
with the boundaries of Area 2 (Old Town Retail Transition) and Area 3
(Old Town Mixed Use) as designated on Exhibit "A". Proposed
development within Parking District B shall conform to the following
standards and those standards in Sections 32-15.32 and 32-15.34.
a. Up to 25% of the required parking shall be
provided off-site in municipal parking lots.
b. Surface on-site parking is allowed.
32-15.32 Design and Layout.
On-site parking areas shall conform to the following regulations:
a. Dimensions of the required on-site parking spaces and driveways shall have the
following dimensions:
PAGE 27 OF ORDINANCE 94-08
Parking Stall Curb Stall Driveway
Angle Width Length Depth Width
(Degrees)
0 8'0" 22'0" 8'0" 12'0"
30 9'0" 18'0" 17'4" 11'0"
45 9'0" 12'9" 19'10" 13'0"
60 9'0" 10'5" 21'0" 18'0"
90 9'0" 9'0" 19'0" 24'0"
b. All on-site parking facilities shall be designed with appropriate maneuvering
areas and means of vehicular access to the main and auxiliary streets. If the parking
area does not abut a street, there shall be an access driveway not less than 12 feet in
width for one-way traffic and not less than 20 feet for two-way traffic leading to the
parking area in such a manner as to secure the most appropriate development of the
property in question.
c. Pavement markings shall indicate the direction of traffic flow, stall width and
length and any other directional signage and marking required.
d. Lighting shall be directed downward and all rays confined to the site. Lighting
intensity shall be no greater than that required to reasonably light the parking areas.
e. Access to public parking areas and curb cuts shall be so located as to insure an
efficient and safe traffic flow into the parking area and the public street.
f. Parking stall depth may be decreased two feet in length when a bumper
overhang is used. However, the two feet that is subtracted from the parking stall must
be replaced by landscaping which the vehicle can overhang.
g. A minimum six foot high solid fence or masonry wall of a design acceptable to
the Chief of Planning shall be provided along the edge of any public parking area
adjacent to residentially zoned property.
h. A barrier curb or wheel stop at least four inches in height shall be provided
adjacent to landscaping, near buildings or other non-parking areas.
i. Required on-site parking areas shall be surfaced with an asphaltic or Portland
cement pavement or similar material so as to provide a durable and dustless surface.
Areas shall be graded and drained to prevent the ponding of water.
PAGE 28 OF ORDINANCE 94-08
If a driveway provides access to a parking area with a garage or carport having
access from either or both sides, the driveway shall be a minimum of 24 feet in width.
The garage and carport spaces shall be at an angle of 60 degrees or greater and shall
be set back a minimum of four feet on one side only, thus providing a 28-foot
separation between structures or obstructions to facilitate vehicular turning
movements.
32-15.33 Maintenance and Operation.
All required parking facilities shall be provided and maintained so long as the
structure exists which the parking areas were designed to serve. On-site parking
facilities may not be reduced in area, except when the reduction conforms to this
chapter°
32-15.34 Parking Requirements.
Parking spaces shall be provided for each land use as follows:
a. Retail stores and service/commercial, except as otherwise specified here:
one space per 250 square feet of gross floor area;
b. Retail stores which handle only bulky merchandise,such as furniture, household
appliances and automobiles:
one space per 500 square feet of gross floor area;
c. Service/commercial, repair shops, wholesale establishments and retail and
wholesale establishments where business is conducted primarily outside of buildings:
one space per 500 square feet of gross floor area;
d. Personal service such as beauty salons, nail shops, barbers:
two spaces per station;
e. Service offices and business/professional offices, other than medical and dental
offices:
one space per 225 square feet of gross floor area;
f. Medical and dental offices:
one space per 15 square feet of waiting room area, plus one space per
examining room, dental chair or similar use area;
g. Restaurants, night clubs, cocktail lounges:
1. Dine-in restaurants: one space per 100 gross square feet or i per 3 seats
(whichever is greater);
PAGE 29 OF ORDINANCE 94-08
2. Take-out restaurants: one space per 250 square feet;
3. 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 1 per 3 seats (whichever is greater).
4. Outdoor seating may be provided according to the following formula
based on an approved interior seating plan submitted with a Conditional
Use Permit:
a) up to 25% of the approved interior seats: no additional
spaces
b) 26-50% of the approved interior seats: one space per six
seats
c) over 50% of the approved interior seats: one space per
three seats
h. Auditoriums and assembly halls:
1. With fixed seats: one space per four fixed seats;
2. Without fixed seats: one space per 40 square feet of gross floor area;
i. Churches:
one space per three seats: (Eighteen linear inches of bench is considered
one fixed seat);
j. Hotels and motels:
one space per sleeping unit;
k. Rooming and lodging houses:
one space per each bedroom;
1. Warehouses and other storage buildings:
one space per 1,000 square feet of gross floor area;
m. Bowling alleys:
five spaces for each alley, plus one space for each two employees;
n. Hospitals:
one space for each two beds;
o. Sanitariums, convalescent homes, rest homes, nursing homes:
one space for each three beds;
p. Mortuaries:
one space per 50 square feet of gross floor areas in the chapel areas;
PAGE 30 OF ORDINANCE 94-08
q. Multi-family residential:
each apartment and dwelling unit shall have on-site automobile parking
space on the same lot or parcel as follows:
1o Studio dwelling unit: one space;
One bedroom dwelling unit: one and one-half spaces;
3. Two or more bedroom units: two spaces, plus one-quarter
space per each dwelling unit for guest parking, which may
include available curb parking along the property's street
frontage.
4. Spaces shall not be located within the side yard or setback areas
of the principal structure.
5. Fractional amounts shall be rounded out to the next higher
whole number of spaces.
6. In no event may there be less than one covered space per
dwelling unit.
32-15.35 Administrative Relief and Parking Reductions.
Administrative relief from the terms of this Division may be granted by the Chief of
Planning if strict application of the requirements of this Division are found to be
inappropriate and measures approved by the City Attorney are incorporated into the
project which preserve the intent of this Division.
Section 32-15.36- 32-15o39 RESERVED
DIVISION 5. DEVELOPMENT PLAN REVIEW PROCEDURES
32-15.40 Development Plan Requirement
All land within the Downtown Business District is designated a P-I; Planned Unit
Development District and may be used as allowed and regulated in this Ordinance.
No development is permitted in the Downtown Business District unless a Development
Plan has been approved by the Chief of Planning or the Planning Commission.
When a development plan application involves a single property owner with parcels
located in more than one land use area and/or parking district, the Planning
Commission, at its discretion, may combine the requirements of the land use areas
and/or parking districts in the interest of creating a cohesive, integrated project.
PAGE 31 OF ORDINANCE 94-08
32-15o41 Application.
A request for development plan approval shall be signed by the property owner and
by the owner of any option to purchase the property or portion thereof. Except as
waived in writing by the Chief of Planning, the application shall consist of 30 copies of
each of the following:
a. A site plan, drawn to scale, indicating:
1. Proposed use(s) of all land
2. Existing natural land features, trees and topography
3o Circulation plan for all vehicular and pedestrian ways including parking
areas
4. Location and dimensions of the property and all existing structures
5. Preliminary grading for the development
6. Project phasing plan if more than one phase is proposed
b. A preliminary title report
c. A preliminary utility plan including provisions for storm drainage, sewage
disposal and public utilities
d. Preliminary Architectural Plans including floor plans and all elevations
e. Preliminary landscape plan
f. Additional drawings or information as may be required by the Chief of
Planning.
32-15.42 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.
PAGE 32 OF ORDINANCE 94-08
32-15°43 Findings.
When approving and adopting the development plan application, the Chief of Planning
and/or Planning Commission, as the case may be, shall be satisfied regarding all of the
following:
a. The applicant intends to obtain permits for construction within 18 months from
the effective date of plan approval;
b. The proposed development plan is consistent with the General Plan;
c. In the case of residential development, the proposed development will
constitute a residential environment of sustained desirability and stability, and will be
in harmony with the character of the surrounding neighborhood and community;
d. In the case of commercial and office development, the proposed development is
needed at the proposed location to provide adequate facilities of the type proposed,
and that traffic congestion will not likely be created by the proposed center or will be
obviated by:
1. presently projected improvements;
2. proper entrances and exits; and
3. internal provisions for traffic and parking; and
4. that the development will be an attractive and efficient center
which will fit harmoniously into and will have no adverse effects
upon the adjacent or surrounding development.
32-15.44 Termination.
a. Procedure. Development Plan or Land Use Permit approval expires 24 months
after the Chief of Planning or the Planning Commission's approval for new
development or an addition to an existing structure, as the case may be, if a building
permit has not been issued and construction commenced. Development Plan or Land
Use Permit approval expires 30 months after the Chief of Planning or the Planning
Commission's approval, as the case may be, for new businesses established in existing
structures if a building permit has not been issued, construction commenced and/or
the business established.
Tim~ Limit gxccption. The time limitation in this section applies only to tho
first phase of a phased development plan; it does not apply after approval and
implementation of the first phase.
PAGE 33 OF ORDINANCE 94-08
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 subsection a. above, each for no more than one year.
32-15.45 Plan Changes or Amendments.
A change in the approved development plan and its conditions of approval may be
approved by the Planning Commission. Minor changes may be approved by the Chief
of Planningo
32-15.46 Conditional Use PermiL
a. Application. Any application for development plan approval may be
accompanied by an application for a Conditional Use Permit as required by Divisions
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.
32-15.47 Variance
a. Granting Procedure. A variance to modify a requirement of this chapter may be
granted in accordance with the procedures and standards of Danville Ordinance Code
Article 26-2.20 and Government Code Section 65906.
b. Special Uses. Conditional Use Permits for special uses as deemed appropriate
by the Chief of Planning and/or Planning Commission and Variance Permits to modify
the provisions contained in Divisions 2, 3, 4 and 5 of this Ordinance may be granted
after application in accordance with Chapter 82-6 of the Town of Danville Municipal
Code.
SECTION FOUR: The Downtown Parking Management Plan (Ordinance No. 113)
adopted April 20, 1987, is repealed.
SECTION F1VE: Effective Date. This ordinance shall take effect as an urgency
order necessary to preserve the public peace, health and safety because current
economic conditions necessitate that the business community be afforded immediate
relief from restrictive regulations.
SECTION SIX: 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 (15) days
after adoption.
PAGE 34 OF ORDINANCE 94-08
SECTION SEVEN: Severability. The Town Council hereby declares that
every sanction, paragraph, clause and phrase herein are severable. If any section,
paragraph, sentence, clause or phrase of this Ordinance is for any reason held to bc
invalid or unconstitutional, such invalidity or tmctmstitutionality shall not affect the
validity or constitutionality of the remaining sections, paragraphs, sentences, clauses or
phrases, and to that end, the provisions of this ordinance are severable. The Town
Council further declares that it would have enacted such remaining sections,
paragraphs, sentences, clauses and phases, notwithstanding the invalidity of the
challenged portions.
SECTION EIGHT: Codification. Sections Three shall be codified in the
Danville Municipal Code. Sections One, Two, Four, Five, Six, Seven and Eight shall
NOT be so codified.
The following Ordinance was first read and introduced c~n March 1, 1994 and
approved and adopted by the Danville Town Council at a Regular Meeting on March
15, 1994.
AYES: RITCHEY, GREENBERG, DOYLE, SHIMANSKY, WALDO
NOES: NONE
ABSTAINED: NONE
ABSENT: NONE
MAYOR
APPROVED AS TO FORM: A'Iq'EST:
" CITY AT!'OILNEY CITY CLERK
acmz 19. a
PAGF. 35 OF OI*,DtNANCE 94-08
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