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HomeMy WebLinkAbout211-90RESOLUTION 211-90 A Resolution of the Town Council of the Town of Danville granting permission to partially close Hartz Avenue and Prospect Avenue Saturday, October 27, 1990 and Sunday, October 28, 1990 for the purpose of the Second Annual Fallfest Celebration. WHEREAS, the Fallfest Celebration is an event sponsored by the Danville Area Chamber of Commerce; and WHEREAS, this event is supported and enjoyed by the residents of Danville and as brings visitors to our downtown; and WHEREAS, in order to ensure the safety of the participants, it is necessary to partially close of streets during the event; THEREFORE, BE IT RESOLVED that the Danville Town Council, on behalf of all Danville citizens, does hereby authorize the partial closure of the following roads on Saturday, October 27, and Sunday, October 28, 1990, between 7:00 a.m. and 6:00 p.m. for the purpose of permitting the Second Annual Fallfest Celebration. 1. Hartz Avenue, between Church Street & Diablo Road. 2. Prospect Street, between Front St. and the municipal parking lot (west of Hartz Avenue). PASSED, APPROVED, AND ADOPTED this 16 day of October, 1990, by the following vote: AYES: GREENBERG, LANE, RITCHEY, SCHLENDORF, SHIMANSKY NOES: NONE ABSTAIN: NONE ABSENT: NONE ATTEST: ~CITY LER~ APPROVED AS TO FORM C~y Attorney acmcm4 ORI)INANCE NO. 90-18 AN ORDINANCE OF THE TOWN OF I)ANVIIJ,E AMENDINC; CIIAPTER 35 OF TITI,E 8 OF THE I)ANV1LI,E MUNICIP^I, COl)E, REIATING TO DOWNTOWN 131ISINESS I)ISTRIC'I~ ZON]fNG REGULATIONS 'I'I]E TOWN C()UNCII, OF TIlE TOWN ()F DANVILLE DOES ORI)AIN AS FOI,I.OWS: SI~{11J]!,)_N 1. PURPOSE. The purpose of this Ordinance is to amend certain sections of Chaplet 35, Title 8 of the Danville Municipal Code to modify the list of permitted and conditional uses, administrative procedures, parking and development standards. St~_C]',[ON 2. FINDINGS. The Town Council of the Town of Danville makes the following findings in support of the ordinance amendments: , The proposed ordinance anlendments are consistent wifl~ the Danville 2005 General Plan; and, , 'I]le proposed ordinance amendments are consistent with the goals and policies of the Downtown Master Plan; and, . 'I]ae proposed ordinance amendments are consistent with the intent anti purpose of the I)BD; l)owntown Business District Ordinance No. 135; and, 'I]ae proposed ordinance amendments are in keeping with the character of r downtown I)anville; and, . The proposed ordinance amendmenLs encourage the economic growth and development in downtown Danville. SECTION 3. ADDING NE~0(/SECTION 8-3502(G) TO 2~IE DANVILLE MUNICIPAL CQ!)~.. 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 chan~le, 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 file character and intent of the I)BD 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 ,qs outlined in Article 5 of this ordinance. A legal non-conforming nse may be sold ~s 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 ate not increased. A legal non-conforming use shall be deemed illegal after tile 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: "tipon 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 subst,qntial conformance with this Chapter." SECTION 6. AMENDMENT OF SECT!QN 8z3_SJJ,(3L): Section 8.35 I1 (c) is hereby amended by adding the following to the end thereof: "and newspaper offices." AMLNDMEN I OF SECTION 8-3.~J_[£d_)~. Section 8.3511(d) is hereby amended _SE_C!J_ON 7. : by adding the following to the end thereof: "(i.e. the expansion of an existing btdlcling shall be as follows: (existing first floor sq,,mre fo(~t,qp, e -'- 60) x 40 = allowable second floor square foolage." S!~[:7.! !(.)N_8_._iRI__:~_!'J33J.,,Q]: SECTION 8-3514(b)C!)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" S_F,C__TI_()N_I():__RF, Y_E_AL QF~SJj__CJj!QN_8-~51j. Lb),_(7)~ Section 8-3515(b)(7) is hereby repealed in its entirety and the succeeding subsection is renumbered. SECTION 11. AMENDMENT OF AND ADDIlION 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 consisting of the entirety of Area 5." a coordinated project PAGE 2 OF ORDINANCE 90-18 SJ~Cq_'I.ON 12. AMENDMENT OF SECTION 8-3516(b}(1). amended by adding the following to the end thereof: "ao b. c. Section 8-3516(b)(1) is hereby Profcssional offices such as those pertaining to, but not li~nited to, tile pracdo' of law, architecture, dentistry, medicine, engineering and ,'wcounting; Administrative, executive and editorial offices; Business offices for insurance, real estate and invesm~ent brokers or representatives." SECTION 13. AMENDMENT OF SECTION 8-35!_6(gl- Section 8-3516(c) is hereby amentied by adding the following to the end thereof: "and child care facilities." S.!3__C'!~!Q:N. 1_4, AMENDMENT OF SEC'IJ_QN_ 8-3.~2.0_(3_l_. Section 8-3520(3) is hereby amended by adding tile following to the end thereof: "unless approved as a part of a development plan permit and requires al~ encroachment permit and building permit." · SECTION 15. AMENDMENI' OF SECTION 8-35~24.: Section 8-3524 of Illc I~anvi!!e Municipal (2ode is hereby repealed in its entirety and replaced with the followir~;g: "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 fi'om a public right of way. Side and rear yards: no mirfim,,m, except on corner lots where tilere shall bc 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 I)P 84-9. 9 Front yard: 25' minimum from a public right of way. Side yard: 40' total, minin-,m of 20'. Rear yard: 20' n0nimum." SECTION 16. AMENDMJ3.N'I'QJ~_St~J_'!~)N.._8z3526LaI_. Section 83526 is hereby repealed in its entirety and replaced with the fi~llowing: "(a) Administrative relief from the provisions of Sections 8-3520, 8-352l and 8-3~22 of this Article 3 may be granted by the Chief of Planning provided that the following findings can be made: (1) that: tile intent of lhis (;hal~l(~r 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." SECTION 17. AMENDMENT OF SEC'HON 8-3531(1)c. Section 8-3531(1)c is hereby repealed in its entirety and replaced with the following: "C. An addition to ~! existing structure is proposed and tl~(~ work (Note: ~11 building additions approved after adoption of this ordinance are cumulative): . is less than 50% of the existing square footage of the struclure. In this case, the new square footage added must comply with the new parking standards; . 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." S IjCJ:J:Q_N 18. AMENI)MENT OF SECT1ON 8-3_.5_3_4(7)? Section 8-3534(7) is hereby repealed in its entirety and replaced with the following: "(7) Restaurants, night clubs, cocktail lounges: a. b. e. l)ine-in restaurants: one space per 100 gross square feet or I per 3 seats (whichever is greater); Take-out restaurants: one space per 250 square fcch Combination take-out (primary use) and dine-in restaurants: one space per 400 square feet behind tile counter plus one space per 100 square feet in front of the counter or 1 per 3 seats (whichever is greater). PAGE 4 OF ORDINANCE 90-18 outdoor seating may be provided according to file 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 file approved interior seats: one space per three seats" ;S]~(_:~1!~[().N__J9. MLiENDMENT OF SECTION -3)3.5_. Section 8-3535 is herehy repealed in its entirety and replaced with the foUowing: "Section 8-3535 Administrative Relief and Parking Reductions. Administrative relief from the terms of this Article may be gralll~,d by the Chief of Planning if strict application of the requirements of this Article are found t,~ he inappropri:m~ and measures approved by the City Attorney are incorporalcd into tt~(; project which preserve the intent of this Article." SECTION 20. AMENDMENT OF SECTION 8-354~2; 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 Commissiosl , and/or the Chief of Planning, as the case may be, for approval. ~l]qe Chief of Plannings, or Planning Commission's decision may be appealed within It calendar days or it becom('~ Iinal." SECTION 21. AM ~NI)MLN 1 OF SECTIf)N_8z3544:. Section 8-3544 is hcrel~y repealed il~ its entirety and replaced with the following: "Section 8-3544. Termination (a) Procedure. I)evelopment plan approval expires 18 months after the Chief of · · °( Planning or the Planning Cornmiss! )n s approval, as the case may be, if a building permit has n(?t been issued and constx'uction commenced. (b) Time Limit Exception. The time limitation in this section applies only to the ~r,: phased development plan; it does not apply after approval and tlrst l l.a.,,eof a 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-__3_5_46. Section 8-3546 is hereby repealed in its entirety and replaced with the following: PAGE 5 OF ORI)INANCE 90-18 "Section 8-3546. Conditional Use Permit (a) Application. Any application fi)r development plan approval may Im accompanied by an application for a Cm~ditional Use Permit as required by Articles 2, 3 and 4 of this (Shapter. A separate application for a Condid(real Use Permit may Iw submim,d for review and approval by the Chief of Planni.g consistent wilh tlw i.tent of this Chapter, a.d may, at the discretion of the Chief of Platoting, be referr(xl to the Planning Commission for disposition. (b) Expiration. Conditions Use l'ermit approval expires 18 months after the Chiet: of Planning or the Planning Commission's approval if the use has not bccn established. (c) Extensions. Up(m a showing of good cause, the Chief {~f l'lanni.g or lira Planning Commission, as the case may be, may grant m~t more than two exlensions of the lime limitations i. subsections (a) al)ovt'. each tbr no m(. c than one year." The foregoing ordinance was introduced at a meeting of the Town Council of lhe Town of Danville held on and was adopted and ordered publishcol at a meeting of the Town Council held on by the following vote: AYES: GREENBERG, LANE, RITCHEY, SCHLENDORF, SHIMANSKY NOES: NONE ABSENT: NONE ATTEST: NONE Approved as to form: Cit~y Attorney Mayor acmcn15 PAGE 6 OF ORDINANCF, 90-18.