HomeMy WebLinkAbout97-01ORDINANCE NO. 97-01
AMENDING PROVISIONS OF THE DANVILLE
MUNICIPAL CODE RELATING TO PARKING IN-LIEU FEES
AND ALLOWABLE USES IN THE DOWNTOWN BUSINESS DISTRICT
The Danville Town Council does ordain as follows:
SECTION 1. PURPOSE AND INTENT.
In-Lieu Parking Fees are intended to allow the Town to charge the cost of providing
future parking in the downtown area in exchange for businesses not providing the
spaces at the time of development. Elimination of the fees for a two year period is
intended as an incentive to stimulate development in the downtown area.
The purpose of establishing land use limitations within the Downtown Business District
is to provide for an intensely developed central core area of retail, service/commercial
or service office business where merchandise is stored on-site and all transactions
and/or services occur entirely within an enclosed building. Relaxation of land use
limitations for a two-year period is intended to stimulate new development and to
stimulate occupancy of existing buildings in the downtown area.
SECTION 2. AMENDING SECTION 3-20 OF THE DANVILLE MUNICIPAL CODE.
Section 3-20 of the Danville Municipal Code regarding parking in-lieu fees is hereby amended to
read as follows:
3-20 SCHEDULE OF FEES AND CHARGES
PARKING IN-LIEU FEES
.
In-Lieu Parking Fees shall be set at $0 until May 1, 1999. Beginning on May
1, 1999, In-Lieu Fees shall be $3,500/space for retail and $7,000/space for
all other uses.
.
In-Lieu Parking Fees will be based on the number of parking spaces
calculated per the Downtown Business District Ordinance.
.
When calculating the In-Lieu Parking Fee, if a credit to the property owner
for AD 73-74 (Clock tower lot) is applicable, the credit shall not exceed the
amount owed to the Town by way of the new project.
.
In-Lieu Parking Fees are due and shall be paid as a condition of the
issuance of (1) a land use entitlement, or (2) building permit, whichever is
the first to occur. Upon request from the person responsible for paying
the In-Lieu Parking Fee, the Town Manager may provide for collection of
the fee over a specified period of time upon execution of a promissory
note in a form approved by the City Attorney.
SECTION 3. AMENDING SECTION 32-45.11 OF THE DANVILLE MUNICIPAL CODE.
Section 32-45.1 ld.4 is hereby amended to read as follows:
32-45.11 Area 1: Old Town Retail.
d.
Development Requirements.
4. The requirements of subsection 32-45.1 ld.2 above shall not become
operative until May 1, 1999. All outstanding entitlements without
building permits or tenant improvement building permits as of May 1,
1999, which are inconsistent with subsection 32-45.1 l d.2 shall
terminate on May 1, 1999.
SECTION 4. AMENDING SECTION 32.45.12 OF THE DANVILLE MUNICIPAL CODE.
Section 32-45.1'2d.4 is hereby amended to read as follows:
32-45.12 Area 2: Old Town Retail Transition.
d.
Development Requirements.
4. The requirements of subsection 32-45.12d.2 above shall not become
operative until May 1, 1999. All outstanding entitlements without
building permits or tenant improvement building permits as of May 1,
1999, which are inconsistent with subsection 32-45.12d.2 shall
terminate on May 1, 1999.
SECTION 5. SEVERABILITY. The Town Council hereby declares that every section,
paragraph, clause and phrase of this Ordinance is severable. If any section, paragraph,
sentence, clause or phrase of this Ordinance is for any reason held to be invalid or
unconstitutional, such invalidity or unconstitutionality shall not affect the validity or
constitutionality of the remaining sections, paragraphs, sentences, clauses or phrases.
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SECTION 6. PUBLICATION. The City Clerk shall either (a) have this Ordinance
published once within 15 (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 15 (fifteen) days
after adoption.
SECTION 7. CODIFICATION. Sections 2, 3 and 4 of this Ordinance shall be codified
in the Danville Municipal Code. Sections 1, 5, 6 and 7 shall not be codified.
The foregoing Ordinance was introduced on March 18, 1997 and approved and adopted
by the Danville Town Council at a Regular Meeting held on April 1, 1997, by the
following vote:
AYES: Doyle, Waldo,
NOES: None
ABSTAIN: None
ABSENT: None
Arnerich, Greenberg, Shimansky
APPROVED AS TO FORM:
CITY ATTORNEY
ATTEST:
CITY CLEPdK
CLERK'S CERTIFICATE
I, Marie Sunseft, City Clerk of the Town of Danville, hereby certify that the foregoing is a
true and accurate copy of Ordinance No. 97-01 of said Town and that said ordinance was
published according to law.
Dated:
City Clerk of the Town of Danville
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