HomeMy WebLinkAbout2005-07ORDINANCE NO. 2005-07
REPEALING SECTION 3245 OF THE DANVILLE MUNICIPAL CODE AND
ADDING A NEW SECTION 3245 RELATED TO THE TOWN'S
DOWNTOWN BUSINESS DISTRICT ORDINANCE
SECTION 1. REPEALING EXISTING SECTION 3245 OF THE
DANVILLE MUNICIPAL CODE.
SECTION 2.
The existing Section 32-45 of the Danville Municipal Code is
hereby repealed in its entirety.
ADDING A NEW SECTION 3245 OF THE DANVILLE
MUNICIPAL CODE.
A new Section 32-45 is hereby added to the Danville
Municipal Code to read as follows:
Chapter 3245 DOWNTOWN BUSINESS DISTRICT*
*Editor's Note: Prior ordinances codified herein include portions of Ordinance
Nos. 135 and 90-18.
Division 1. INTRODUCTION
3245.1 Purpose and Intent. It is the purpose and intent of this chapter to provide
the Town of Danville with a set of land use 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 twelve individual sub-areas which
detail specific land uses that may occur.
3245.2 Definitions and Measurement Standards. In this chapter unless the
context otherwise requires:
Arbors shall mean open trellis-like elements that can be used to emphasize
building entries or outdoor activity spaces.
PAGE NO. 1 OF ORDINANCE NO. 2005-07
Area of elevation shall mean the total height and length of a building as viewed
from off-site.
Awnings shall mean opaque canvas or synthetic fiber coverings that provide
shade from sun and protection from the elements.
Building overhang shall mean any portion of a structure (including
appurtenant structures) that abuts and extends over the foundation line of the
building.
Building site area shall mean the total land area of the property available for
development of buildings, parking and landscape.
Business shall mean the specific enterprise, occupant or tenant utilizing space
within a structure.
Business offices shall mean businesses such as, but not limited to the following:
g.
h.
i.
k.
Advertising agencies;
Answering services;
Corporate headquarters;
Employment agencies;
Insurance;
Investment brokers or representatives;
Laboratories;
Newspapers;
Photographers, artists, etc.;
Public relations; and
Secretarial services.
Development shall mean any new construction or exterior change,
modification or exterior expansion of an existing building.
Fascia shall mean that portion of a structure that presents a flat, horizontal
band across the eave line of a building elevation.
Front and side of corner lots shall 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.
Heritage Resource shall mean a structure so designated by the Heritage
Resources Commission.
PAGE NO. 2 OF ORDINANCE NO. 2005-07
Legal nonconforming business shall mean a business that does not conform to
these regulations that were in existence prior to adoption of this chapter.
Legal nonconforming use shall mean a use that does not conform to these.
regulations which was in existence prior to adoption of tins chapter.
Outdoor sales shall mean any outdoor sale of merchandise on a regular or
continuing basis.
Personal service uses shall mean businesses providing services such as, but not
limited to beauty shops, barbers, and nail salons. Personal service uses are
those which provide on-site service to customers as their primary activity and
which are compatible with the immediate area.
Professional offices shall be such as those pertaining to, but not limited to, the
practice of law, architecture, dentistry, medicine, engineering, accounting,
administrative, executive, editorial, and consulting;
Public uses shall mean uses such as, but not limited to, meeting rooms,
theaters, auditoriums, libraries, etc.
Retail uses shall mean 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;
j. Dry goods;
k. Florist;
1. Food market/delicatessens;
m. Furniture/floor coverings;
n. Gifts;
o. Hardware;
p. Hobby items/toys;
q. Interior decorator with goods;
r. Jewelry;
s. Linens;
PAGE NO. 3 OF ORDINANCE NO. 2005-07
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U.
V.
W.
X.
y.
Z.
aa.
ab.
ac.
ad.
ae.
al.
ag.
ah.
ai.
Liquor/tobacco;
Luggage;
Music;
Newsstand/office supply and machines, stationary/cards;
Optical goods and service;
Paint/wallpaper;
Pets;
Photo supply/photo processing;
Picture framing/art gallery/artist supply;
Portrait studios;
Post office/parcel service;
Saddlery;
Shoe/garment repair with goods;
Sporting goods/bicycles;
Stamps/coins;
TV/radio; and
Travel agencies.
Service commercial shall mean uses that provide on-site service to customers as
their primary activity and which are compatible with the immediate area.
Business activities included in this category shall mean, but are not limited to,
the following:
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Business or professional, schools;
Cultural improvement schools such as, but not limited to, music,
dance and martial arts;
Health/fitness club; and
Places of cultural entertainment including museums, libraries and
theaters..
Service office uses shall mean businesses such as, but not limited to, the
following:
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Escrow/title/notary public;
Financial institutions/banks/savings and loan;
Investment brokers/mortgage brokers;
Public utilities; and
Real estate.
Setbacks from street corner shall mean that point of intersection of the required
setback lines from access streets, prolonged to the point of intersection.
PAGE NO. 4 OF ORDINANCE NO. 2005-07
Soffit shall mean the horizontal underside of either an eave or building
projection.
Temporary sales event shall mean an administrative Land 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.
Use shall mean the type of business, (e.g., retail, restaurant, service
commercial, service office, office, etc.).
Zoning Compliance Certificate shall mean that form which details the nature of
a business and certifies that it meets the requirements of this chapter.
32-45.3 AppIicability. This section 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
business/use complies with the land use regulations and the development
standards, including parking, set forth in this chapter.
Land uses will be regulated through the Development Plan review procedure as
follows:
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Existing Uses and Structures. A lawful use of land or buildings existing on
November 1, 2005, but which does not conform to this chapter, is a legal
nonconforming 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 nonconforming use/business is discouraged.
Minor intensification or expansions may be considered under a Land Use
Permit under special circumstances if the application meets the character
and intent of the DBD in which it is located and there is 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 chapter. A legal nonconforming
use may be sold as a legal nonconforming 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
nonconforming use shall be deemed illegal after the use ceases for ninety
consecutive days.
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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 of this chapter.
New Structures. Development Plan approval pursuant to Division 5 of this
chapter 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 ratio of an
existing development.
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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.
32-45.4--3245.9 Reserved.
Division 2. SPECIFIC USES AND DEFINITIONS
32-45.10 Exhibit "A"; Land Use Areas. There are twelve land use areas within the
Downtown Business District as delineated on Exhibit "A."
These twelve 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 subsections 32-45.11 through 32-45.21. Upon the
determination of the Chief of Planning, the list of permitted and conditional uses
in the twelve identified areas 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.
32-45.11 Area 1 and Area 2A: Old Town Retail.
Purpose. To provide for an intensely developed central core area of ground
floor retail, and second floor 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 activity that 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 a variety of stores after parking or arriving by
public transit.
PAGE NO. 6 OF ORDINANCE NO. 2005-07
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Permitted Uses. The following uses are. permitted in Area I subject to the
development requirements in subsection d.:
2.
3.
4.
Retail;
Restaurants, night clubs and cocktail lounges;
Accessory uses where related and incidental to permitted uses; and
Outdoor display of merchandise as defined in section 32-45.27.
Conditional Uses. The following activities are permitted upon issuance of a
Land Use Permit:
2.
3.
4.
5.
6.
7.
8.
9.
Personal service;
Service commercial;
Service office;
Government facilities;
Political, civic and charitable organizations;
Outdoor restaurant seating;
Outdoor storage of merchandise;
Outdoor sales; and
Newspaper offices.
Other uses not specifically permitted or conditionally permitted in Area 1
or Area 2A or allowed via section 32-45.10, 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 chapter.
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.
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Development Requirements.
The maximum allowable floor area ratio is eighty percent (80%) of
the gross site area, inclusive of all conditioned space. Total square
footage of any second floor space shall not exceed forty percent
(40%) of the total gross building floor area.
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A minimum of seventy-five percent (75%) of the total ground floor
space shall be devoted to retail or restaurant uses. Personal service,
service office and service/commercial uses may be considered for
location in a maximum of twenty-five percent (25%) of the ground
floor space where such use is located in a courtyard area or another
area off the main pedestrian access and upon issuance of a Land
PAGE NO. 7 OF ORDINANCE NO. 2005-07
Use Permit where a finding is made that such uses will result in the
creation of substantial pedestrian traffic. The permitted personal
service, service office, or service commercial uses are those which
provide on-site service to customers as their primary activity and
which are compatible with the immediate area.
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Personal service, service office, service commercial, business office,
and professional office uses are permitted on the second floor.
32-45.12 Area 2: Old Town Retail Transition.
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Purpose. To provide a transition and buffer between the more intensely
developed central business district (Old Town Retail; Area 1 and Area 2A)
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 and Area 2A. This area incorporates
retail uses that require larger amounts of storage and staging areas as well
as service commercial uses that provide access to both the pedestrian and
automobile user.
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Permitted Uses. The following uses are permitted in Area 2, subject to the
development requirements in subsection d:
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
Retail;
Restaurants, night clubs and cocktail lounges;
Amusement places/arcades;
Auditorium;
Catering;
Clothes / carpet / drapery cleaners without plant;
Emergency medical care;
Hotels/motels/bed and breakfast;
Government facilities;
Political, civic and charitable organizations;
Personal service;
Service commercial;
Service office;
Incidental accessory uses; and
Outdoor display of merchandise as defined in section 32-45.27.
Conditional Uses. The following activities are permitted with a Land Use
Permit:
1. Child care;
PAGE NO. 8 OF ORDINANCE NO. 2005-07
3.
4.
5.
Outdoor restaurant seating;
Outdoor storage of merchandise;
Outdoor sales; and
Drive-thru facilities.
Other uses not specifically permitted or conditionally permitted in Area 2,
or allowed via section 32-45.10, 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 chapter. Such case-by-
case review shall take into consideration the location, size and design of
the building.
d. Development Requirements.
The maximum allowable floor area ratio is eighty percent (80%) of
the gross site area, inclusive of all conditioned space.
A minimum of twenty-five percent (25%) of the total ground floor
space shall be devoted to retail or restaurant/uses. Personal
service, service commercial, and service office uses are permitted to
locate in up to seventy-five percent (75%) of the remaining portion
of the ground floor space.
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Personal service, service office, service commercial, business office,
and professional office uses are permitted on the second floor.
32-45.13 Area 3: Old Town Mixed Use.
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Purpose. To introduce uses that are consistent and compatible with the
pedestrian orientation of.Area 1 and Area 2A-Old Town Retail (section 32-
45.11).
Permitted Uses. The following uses are permitted in Area 3, subject to the
development requirements in subsection d:
2.
3.
4.
5.
6.
7.
8.
Retail;
Restaurants, night clubs and cocktail lounges;
Amusement places/arcades;
Auditorium;
Catering;
Clothes / carpet / drapery cleaners without plant;
Emergency medical care;
Hotels/motels/bed and breakfast;
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10.
11.
12.
13.
14.
15.
Government facilities;
Political, civic and charitable organizations;
Service office;
Business office;
Professional Offices;
Incidental accessory uses; and
Outdoor display of merchandise as defined in section 32-45.27;
Conditional Uses. The following activities are permitted with a Land Use
Permit:
2.
3.
4.
Child care;
Outdoor restaurant seating;
Outdoor storage of merchandise; and
Outdoor sales.
Other uses not specifically permitted or conditionally permitted in Area 3,
or allowed via section 32-45.10, 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 chapter. Such case-by-
case review shall take into consideration the location, size and design of
the building.
Development Requirements. The maximum allowable floor area is sixty-five
percent (65%) of the gross site area, inclusive of all conditioned space.
32-45.14 Area 4: Resident Serving Commercial.
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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, 2
and 2A).
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Permitted Uses. The following uses are permitted in Area 4, subject to the
development requirements in subsection d:
2.
3.
4.
5.
6.
7.
Retail;
Restaurants, night clubs and cocktail lounges;
Amusement places/arcades;
Auditorium;
Catering;
Clothes / carpet / drapery cleaners without plant;
Emergency medical care;
PAGE NO. 10 OF ORDINANCE NO. 2005-07
9.
10.
16.
17.
19.
20.
22.
23.
24.
25.
26.
27.
28.
Hotels/motels/bed and breakfast;
Government facilities;
Political, civic and charitable organizations;
Outdoor display of merchandise as defined in section 32-45.27;
Cabinet shop;
Glass shops and repair facilities;
Gunsmith;
Home improvement services;
Janitorial supply and service;
Locksmith;
Miscellaneous repair of household goods/business equipment;
Mortuary;
Nursery and gardening sales and supplies;
Pool supply;
Service station;
Trade schools;
Upholstery supply/repair;
Automotive oriented services (e.g., auto upholstery);
Service office;
Incidental accessory uses; and
Outdoor display of merchandise as defined in section 32-45.27.
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Conditional Uses. The following activities are permitted with a Land Use
Permit:
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
Child care facility;
Drive-thru facilities;
Outdoor restaurant seating;
Outdoor storage of merchandise;
Outdoor sales;
Equipment sales and rental;
Heating, air conditioning/plumbing supply and repair;
Laundromat;
Sign painting;
Storage building;
Veterinarian hospital/boarding/pet grooming;
Auto/boat/motorcycle/trailer/recreational vehicle sales or rentals;
Auto wash;
Auto repair (body, paint and tire) excluding wrecking and salvage;
Wholesale/assembly/minor manufacturing plants with storage
and processing incidental to retail operation where not offensive or
objectionable because of odor, dust, smoke, noise or vibration; and
Nursing/convalescent home.
PAGE NO. 11 OF ORDINANCE NO. 2005-07
Other uses not specifically permitted or conditionally permitted in Area 4,
or allowed via subsection 32-45.10, 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 chapter. Such case-by-
case review shall take into consideration the location, size and design of
the building.
d. Development Requirements.
The maximum allowable floor area ratio is fifty percent (50%) of the
gross site area, inclusive of all conditioned space.
Professional office and business office uses are permitted on the
second floor.
32-45.15 Area 5: Commercial/Residential Mixed Use.
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, 2A, and 3. A minimum of two
acres shall be devoted to public uses.
b. Permitted Uses. The following uses are permitted in Area 5:
5.
6.
7.
8.
9.
Retail;
Restaurants, night clubs and cocktail lounges;
Service office;
Professional office;
Business office;
Residential uses as permitted in subsection 32-45.19;
Public uses;
Hotel; and
Accessory uses related and incidental to permitted uses.
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Conditional Uses. The following activities are permitted with a Land Use
Permit:
2.
3.
4.
Drive-thru facilities;
Outdoor restaurant seating;
Outdoor storage or display of merchandise;
Outdoor sales; and
PAGE NO. 12 OF ORDINANCE NO. 2005-07
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 subsection 32-45.10, 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 chapter. Such case-by-
case review shall take into consideration the location, size and design of
the building.
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Development Requirements. The maximum allowable floor area ratio is fifty
percent (50%) of the gross site area, inclusive of all conditioned space over
the portion of the site to be developed with private uses. Buildings may be
up to three stories or fifty feet in height, whichever is less (see subsection
32-45.25).
32-45.16 Area 6: Business and Professional Offices.
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.
Permitted Uses. The following uses are permitted in Area 6, subject to the
development requirements in paragraph d:
3.
4.
5.
6.
7.
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 entitlements;
Service offices;
Professional offices;
Business offices;
Government facilities;
Political, civic, and charitable organizations; and
Accessory uses where related and incidental to permitted uses.
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Conditional Uses. Except for the area involving subsection b.1. above, the
following uses are permitted with a Land Use Permit:
1. Restaurants, night clubs and cocktail lounges;
2. Health clubs;
3. Veterinarians; and
4. Child care facilities.
PAGE NO. 13 OF ORDINANCE NO. 2005-07
Other uses not specifically permitted or conditionally permitted in Area 6,
or allowed via subsection 32-45.10, 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 chapter. Such case-by-
case review shall take into consideration the location, size and design of
the building.
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Development Requirements. The maximum allowable floor area ratio is
sixty-five percent (65%) of the gross site area, inclusive of all conditioned
space.
32-45.17 Area 7: Retail.
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Purpose. To allow the continued use of retail business which sells goods,
wares and merchandise directly to the ultimate consumer.
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Permitted Uses. The following uses are permitted in Area 7, subject to the
development requirements in paragraph d:
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
Retail;
Restaurants, night clubs and cocktail lounges;
Personal service;
Service/Commercial;
Service Office;
Amusement places/arcades;
Auditorium;
Catering;
Clothes / carpet / drapery cleaners without plant;
Emergency medical care;
Hotels/motels/bed and breakfast;
Government facilities;
Political, civic and charitable organizations;
Incidental accessory uses; and
Outdoor display of merchandise as defined in section 32-45.27.
Conditional Uses. The following activities are permitted with a Land Use
Permit:
1. Child care;
2. Drive-thru facility;
3. Outdoor restaurant seating;
4. Outdoor storage or display of merchandise; and
5. Outdoor sales.
PAGE NO. 14 OF ORDINANCE NO. 2005-07
Other uses not specifically permitted or conditionally permitted in Area 7,
or allowed via subsection 32-45.10, 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 chapter. Such case-by-
case review shall take into consideration the location, size and design of
the building.
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Development Requirements. The maximum allowable floor area ratio is
thirty-five percent (35%) of the gross area, inclusive of all conditioned
space.
32-45.18 Area 8: Retail/Office.
Purpose. This area is referred to as the Livery 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.
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Conditional Uses. The following activities are permitted with a Land Use
Permit:
1. Outdoor restaurant seating;
2. Outdoor storage or display of merchandise; and
3. Outdoor sales.
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Development Requirements. The maximum allowable floor area ratio is
thirty-five percent (35%) of the gross site area, inclusive of all conditioned
space.
32-45.19 Area 9: Multi-Family Residential.
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Purpose. To permit the continued use of properties for multi-family
residential uses consistent with the adopted land use designations in the
General Plan.
b. Permitted Uses. The following uses are permitted in Area 9:
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All multi-family residential uses permitted under Section 32-24 of
the Danville Municipal Code; and
Senior citizen residential facilities may be considered pursuant to
California Government Code Section 65915.
PAGE NO. 15 OF ORDINANCE NO. 2005-07
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Conditional Uses. Conditional uses as contained in subsection 32-24.2 of the
Danville Municipal Code may be permitted, with a Land Use Permit.
32-45.20 Area 10: Mixed Use.
Purpose. This area is referred to as the Prudential Building, located at 630
San Ramon Valley Boulevard. 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 Development Plan DP
2000-27.
Conditional Uses. The following activities are permitted with a Land Use
Permit:
1. Outdoor storage or display of merchandise; and
2. Outdoor sales.
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Development Requirements. All development standards shall be as
approved under Development Plan DP 2000-27.
32-45.21 Area 11: Special Opportunity District.
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Purpose. To permit flexible development standards tailored to best meet
the needs of large downtown sites while maintaining the desired mix of
land uses which are compatible with the downtown area.
Permitted Uses. The following uses are permitted in Area 11, subject to the
development requirements in paragraph d:
2.
3.
4.
5.
6.
Retail;
Restaurants, night clubs and cocktail lounges;
Accessory uses where related and incidental to permitted uses;
Outdoor display of merchandise as defined in section 32-45.27;
Residential (above ground-floor only); and
Hotels/motels/bed and breakfast.
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Conditional Uses. The following uses are permitted upon issuance of a
Land Use Permit:
Residential (where developed as a ground-floor use);
Personal service;
PAGE NO. 16 OF ORDINANCE NO. 2005-07
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4.
5.
6.
7.
8.
9.
Service/commercial;
Service office;
Government facilities;
Political, civic and charitable organizations;
Outdoor restaurant seating;
Outdoor storage of merchandise; and
Outdoor sales and newspaper offices.
Other uses not specifically permitted or conditionally permitted in Area 1
and Area 2A or allowed via subsection 32-45.10, 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 chapter.
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.
Development Requirements.
The maximum allowable floor area ratio is eighty percent (80%) of
the gross site area, inclusive of all conditioned space.
Development of the site may be eligible for a FAR which is higher
than 80 percent, as determined on a case-by-case basis through the
review of an individual Development Plan application, in
exchange for the provision of up to 100 percent on-site parking
through the construction of underground or structured parking.
A minimum of seventy-five percent (75%) of the total ground floor
space shall be devoted to retail or restaurant uses. Personal
service, service office and service/commercial uses may be
considered for location in a maximum of twenty-five percent (25%)
of the ground floor space where such use is located in a courtyard
area or another area off the main pedestrian access and upon
issuance of a Land Use Permit where a finding is made that such
uses will result in the creation of substantial pedestrian traffic. The
permitted personal service, service office, or service commercial
uses are those which provide on-site service to customers as their
primary activity and which are compatible with the immediate
area.
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Personal service, service office, service commercial, business office,
and professional office uses are permitted on the second floor.
PAGE NO. 17 OF ORDINANCE NO.'2005-07
New development shall be designed to maximize the provision of
on street parking adjacent to the site. This may include the
provision of angled parking, consolidation of driveways, and/or
other design solutions as appropriate.
Properties with the Area 11: Special Opportunity District zoning
designation located north of Linda Mesa Avenue (as graphically
depicted on the approved zoning map for PUD 2005-03) revert to
Area 4: Resident Serving Commercial after October 31, 2008. For
the three-year period between November 1, 2005 and October 31,
2008, the properties located north of Linda Mesa Avenue with an
Area 11 designation may develop pursuant to Area 11 land use
regulations and development requirements as long as all pertinent
development 'entitlements are vested by securing requisite
building permits or establishing the authorized land use activity
prior to October 31, 2008. Development of the properties located
north of Linda Mesa Avenue with an Area 11 designation shall
develop pursuant to Area 4 land use regulations and development
requirements if requisite building permits are not secured or the
pertinent land use activity is not established prior to October 31,
2008. The reversion from Area 11 land use regulations and
development requirements to Area 4 land use regulations and
development requirements includes reversion from the Area 11
floor area ratio (FAR) standard (i.e., 80% maximum FAR with an
ability to pursue a higher FAR on a case-by-case basis) to the Area
4 FAR standard (i.e., 50% maximum FAR). The reversion from
Area 11 land use regulations and development requirements to
Area 4 land use regulations and development requirements also
includes reversion from the Area 11 authorized dependency on
municipal parking facilities (i.e., up to 50% dependency on off-site
parking) to the Area 4 FAR parking standards (i.e., requirement to
provide 100% of a development's parking need in the form of on-
site parking).
Division 3. DEVELOPMENT STANDARDS
32-45.22 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 twelve land use
areas set forth in Division 2. Strict compliance with the Development Standards
PAGE NO. 18 OF ORDINANCE NO. 2005-07
may be reviewed on a case-by-case basis for the District 11: Special Opportunity
District.
a. Windows.
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Windows above the first floor shall be placed in a regular pattern or
patterns.
Victorian or other carpenter style windows with two by four (2 x 4)
bracketing framing, built out lintels and trim are encouraged.
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Storefront windows shall emphasize vertical composition in a
manner consistent with a historic design theme. Vast plate glass
panels should be avoided. True divided light windows are
encouraged.
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Nail-on windows may be permitted if architecturally compatible
with the structure and authentically detailed and trimmed.
Materials and Colors.
All exterior materials shall be authentic and used in an historical
manner.
Wood siding. Horizontal butt and lap siding as well as vertical
board and batt siding or decorative wood shakes.
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Masonry. Sandblasted or used brick or stone, consistent with the
historic theme.
Stucco, if combined with masonry. Exclusive use of stucco and the
combination of wood siding and stucco are discouraged.
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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.
Building colors shall be consistent with the historic theme. Subdued
background colors and colorful trim are encouraged.
Building Projections and Sidewalk Coverings. Overhead projection including
arbors and awnings are encouraged but may not overhang the public
PAGE NO. 19 OF ORDINANCE NO. 2005-07
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right-of-way unless approved as a part of a development plan permit and
requires an encroachment permit and building permit.
Roofs. Roofs shall be an integral part of the building design that
complements the structure in scale, height and mass.
Roof elements shall be similarly treated and architecturally
integrated on all building elevations. The combination of
incompatible roof elements (i.e., hip and mansard) is not permitted.
Roof lines shall provide interest in shape and color and shall be
architecturally compatible with the main structure.
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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.
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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
architectural theme; and
d. Slate
consistent with the historical
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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;
PAGE NO. 20 OF ORDINANCE NO. 2005-07
c. Built up or flat/minimum pitch roofs such that they may be
viewed from off-site.
e. Fascia and Soffit.
A fascia shall be continuous and deep, creating a unifying element
that ties existing and new developments together visually.
Soffits shall be utilized wherever possible, shall incorporate
lighting and may be used to hang business identification signs.
f. Storefront Entries.
Recessed entries are encouraged to create added window display
area and allow for increased outdoor entry space.
Rear and side entries shall be compatible with front entries unless
such entries are visually inaccessible.
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Where appropriate in design, storefront windows may project or be
recessed for added relief on building facades.
Window coverings, including permanent and temporary signage,
shall not block pedestrian views to the interior.
g. Project Design.
Outdoor spaces defined or partially enclosed by buildings shall be
designed to function as nodes.
Where appropriate, building edge treatment shall create areas for
sitting and walking. Long, straight building elevations shall be
avoided.
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False detailing is appropriate where applied in a historically
authentic manner consistent with the architectural integrity of the
structure.
Detailing shall be an integral part of the building design and used
appropriately throughout.
Exterior lighting shall be addressed as an integral part of building
landscaping and design.
PAGE NO. 21 OF ORDINANCE NO. 2005-07
h. Storage and Refuse Collection Areas.
All outdoor storage and refuse collection areas shall be enclosed
and screened so that they are not visible from access streets and
adjacent properties.
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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.
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Storage or refuse collection is not permitted within front yard
setback areas.
32-45.23 Landscaping Development Standards. The following landscaping
development standards apply in the Downtown Business District:
General. Each building site shall have a minimum landscaped coverage of
twenty percent (20%). All landscaping shall be provided with an
automatic irrigation system. All trees shall be minimum fifteen gallon size.
Shrubs shall be minimum five gallon size. Shrubs used as ground cover
shall be minimum one gallon size. All unpaved, non-work areas
(excluding vacant lots) shall be landscaped.
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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 of twenty-five percent (25%) of
the total landscape requirement may be allowed for hardscape.
Perimeter Areas. Perimeter landscaping is required along all property lines
where buildings are set back from the lot line. One tree per thirty 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.
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Frontage Landscaping. Frontage landscaping shall conform to the adopted
Streetscape Beautification Guidelines.
PAGE NO. 22 OF ORDINANCE NO. 2005-07 '
e. Parking Areas.
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.
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.
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One tree for each five parking stalls shall be installed within fingers
or medians that project into the paved area.
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Undeveloped Areas.' Interim landscaping, including erosion control
measures, shall be provided on all graded sites that will remain vacant
prior to building construction. Undeveloped areas shall be maintained in a
weed-free condition.
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Landscaping Maintenance. Prior to building occupancy, the owner shall
provide the Town with an executed maintenance agreement that 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:
Lawn and groundcover to be trimmed or mowed regularly; all
planting areas to be kept free of weeds and debris.
All plantings to be kept in a healthy and growing condition with
fertilizing, cultivation and tree pruning as a part of regular
maintenance.
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Automatic irrigation systems to be kept in working condition with
adjustments, replacements, repair and cleaning as a part of regular
maintenance.
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.
All landscaping including sidewalks, patios and decks to be
repaired and cleaned as a part of regular maintenance.
PAGE NO. 23 OF ORDINANCE NO. 2005-07
32-45.24 Lot Area and Width. The minimum lot area shall be thirty-five hundred
square feet, with a minimum average lot width of thirty-five feet except where a
smaller lot existed prior to the adoption of this chapter.
32-45.25 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
1, 2, 2A, 3, 4, 7, 9
Maximum
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 (Development Plan No. 84-9).
10 35 feet.
11 37 feet.
32-45.26 Setbacks. The setbacks shown below shall apply for the area in which
the building or structure is located.
Business District
Area Setbacks
1,2, 2A
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' feet minimum.
8
As previously approved under DP 84-9.
PAGE NO. 24 OF ORDINANCE NO. 2005-07
Front yard: 25' minimum from a public right-of-way. Side
yard: 40' total, minimum of 20'. Rear yard: 20' minimum.
10
As approved under Development Plan DP 2000-27.
11
As established through a site specific Development Plan
approval.
32-45.27 Outdoor Display of Merchandise Criteria (Permitted in DBD 1, 2, 2A,
3, 4, and 11 only.
The public sidewalk (minimum five feet) must be kept clear of
merchandise to allow for adequate public access. The five foot public
sidewalk provided shall meet all applicable accessibility standards for
pathways, as defined by the current building code.
A minimum five foot wide access shall be provided between the public
entry to the storefront and the public sidewalk.
No merchandise may be placed in a manner that impedes emergency
personnel access.
Merchandise may be placed within the right-of-way if the criteria of 3a.,
3b. and 3c. above are met, provided an encroachment permit is issued by
the Town of Danville prior to placement.
e. Merchandise shall not impede access to surrounding businesses.
The display area for the merchandise shall be limited to the area
immediately in front of the subject tenant space.
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Merchandise shall belong to the retailer using the subject building's
ground floor space, and shall solely consist of retail goods normally sold
within that store. Subleasing of outdoor space is expressly prohibited.
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The maximum height of merchandise shall not exceed eight feet in height
above storefront entry level.
Outdoor display of automobiles is permitted subject to approval of a Land
Use Permit.
j. Merchandise shall be brought indoors overnight.
PAGE NO. 25 OF ORDINANCE NO. 2005-07
k. Merchandise shall be rotated seasonally, at a minimum.
Sign requirements as contained within the Town of Danville Signs and
Outdoor Advertising Ordinance (Chapter 32-98) shall apply to all outdoor
display of merchandise contained within this chapter.
m. This section shall apply to retail businesses only.
32-45.28 General Requirements.
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.
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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 chapter.
All access plans, necessary right-of-way dedications and improvements
shall comply with the requirements and approval of the City Engineer.
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.
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.
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Before accepting a Development Plan application, the Chief of Planning or
the Heritage Resource Commission shall determine the historical
significance of the site.
*Editor's Note: These chapters of the Contra Costa Code are codified as sections
32-8, 32-61 and 32-63 of these Revised General Ordinances.
32-45.29 Administrative Relief.
Administrative relief from the provisions of subsections 32-45.20, 32-45.21
and 32-45.22 of this Division 3 may be granted by the Chief of Planning
provided that the following findings can be made:
PAGE NO. 26 OF ORDINANCE NO. 2005-07
1. That the intent of this chapter will be preserved; and
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.
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The variance procedure set forth in subsection 32-45.47 applies to changes
of a requirement of Sections 32-45.23 through 32-45.25.
Division 4. PARKING STANDARDS
32-45.30 General Requirements for On-site Parking.
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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 chapter 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.
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.
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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.
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Joint 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
PAGE NO. 27 OF ORDINANCE NO. 2005-07
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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.
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,
2A, 3 and 5.
Because Areas 1, 2, 2A, 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 twenty-
five percent (25%) of the required parking is purchased in the off-site
public lot or when the development exceeds twenty thousand square feet
of gross building floor area. The shared parking credit shall be determined
according to the schedule below.
Use
Retail 20%
Restaurant 20%
Service Office
..... (!._st..._F.! o__o__r/Ar e a_.l._a_..n_d_.2_) 0%
Second Floor/Area
I and 2 and all other areas 20 %
Office 20%
50%
100%
100%
100%
100%
Personal Service 20 % 100 %
Service/Commercial 20% 100%
Designated Heritage Determined by Heritage Resource i
Resource Commission
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In Lieu Fees. In lieu parking fees shall be set at three thousand five
hundred dollars/space for retail uses and seven thousand dollars for all
other uses. The total amount of in lieu parking fees will be based on the
number of parking spaces required for the Downtown Business District,
Section 35-45 of this Code. In calculating the in lieu parking fee, if a credit
to the property owner for Assessment District 73/74 (the Clocktower lot)
PAGE NO. 28 OF ORDINANCE NO. 2005-07
is applicable, the credit shall not exceed the amount owed to the Town by
way of the new project. Any in lieu parking fees due to the Town shall be
paid as a condition of the issuance of (1) a land use entitlement or (2) a
building permit, whichever occurs first. Upon request from the person
responsible for paying the in lieu parking fee, the Town Manager may
provide for the collection of the fee over a specified period of time upon
execution of a promissory note in a form approved by the City Attorney.
Beginning November 1, 2005, parking in-lieu fees for DBD 1,2, and 11
shall be set at $0 for new development and additions which result in the
provision of ground floor retail uses as required under the subject zoning
districts. The fee waiver does not apply to restaurant uses. The fee waiver
does not apply to any other changes of use(s) in existing buildings which
results in a higher parking demand. This parking fee waiver shall be in
effect for a period of three years, at which time the fee waiver shall expire.
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.
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Compact Parking. Up to thirty percent (30%) of the required parking may
be provided in compact stalls. The compact stall dimension shall measure
a minimum of eight feet by sixteen feet.
Historic Preservation Parking Relief. A reduction in the total number of
parking spaces required under this chapter for a property designated a
Heritage Resource shall be permitted according to the determination
made by the Heritage Resource Commission.
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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:
If the parcel is within the one hundred percent (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.
If the parcel is located outside of the one hundred percent (100%)
area of benefit (noncontiguous to the Municipal Parking Lot) then it
shall receive full credit for the actual on-site spaces plus full credit
PAGE NO. 29 OF ORDINANCE NO. 2005-07
for the actual dollar amount paid into AD 73/74 against payment
of any in lieu fees.
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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.
Parking areas may not be used for merchandise sales, storage, repair
work, dismantling or servicing of any kind.
32-45.31 Old Town Parking Area. The special parking requirements of this
chapter apply in Area 1, Area 2, Area 2A, Area 3, and Area 11 of the Downtown
Business District.
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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 subsection b. below.
The property in question is completely redeveloped with new
structures and new uses/businesses; or
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A change of use/business is proposed which will intensify the
parking demand; or
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An addition to an existing structure is proposed and the work
(Note: All building additions approved after adoption of this
chapter are cumulative):
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Is less than fifty percent (50%) of the existing square footage
of the structure. In this case, the new square footage added
must comply with the new parking standards;
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Is greater than fifty percent (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.
PAGE NO. 30 OF ORDINANCE NO. 2005-07
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 subsection 32-45.32 and 32-45.34.
A minimum of fifty percent (50%) of the required parking
shall be provided off-site in municipal parking lots.
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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 that screens the parked
vehicles.
c. Curb cuts shall be combined and minimized.
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Parking District B. The boundaries of Parking District B are
contiguous with the boundaries of Area 2, Area 2A, (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
subsections 32-45.32 and 32-45.34.
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Up to twenty-five percent (25%) of the required parking
shall be provided off-site in municipal parking lots.
b. Surface on-site parking is allowed.
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Parking District C. The boundaries of Parking District C are
contiguous with the boundaries of Area 11 (Special Opportunity
District) as designated on Exhibit "A.'* Proposed development
within Parking District C shall conform to the following standards
and those standards in subsections 32-45.32 and 32-45.34.
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A minimum of fifty percent (50%) of the required parking
shall be provided on-site.
b. Surface on-site parking is allowed.
PAGE NO. 31 OF ORDINANCE NO. 2005-07
*Editor's Note: Exhibit "A" can be found in the Office of the Planning Director of
Town of Danville.
32-45.32 Design and Layout. On-site parking areas shall conform to the
following regulations:
Dimensions of the required on-site parking spaces and driveways shall
have the following dimensions:
Parking Angle Stall Width Curb Length Stall Depth Driveway
(Degrees) Width
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'
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All on-site parking facilities shall be designated 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 twelve feet in width for one-way traffic
and not less than twenty 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.
Pavement markings shall indicate the direction of traffic flow, stall width
and length and any other directional signage and marking required.
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.
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.
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.
PAGE NO. 32 OF ORDINANCE NO. 2005-07
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A minimum of 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.
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.
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.
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 twenty-four feet in width. The garage and carport spaces shall be at an
angle of sixty degrees or greater and shall be set back a minimum of four
feet on one side only, thus providing a twenty-eight foot separation
between structures or obstructions to facilitate vehicular turning
movements.
32-45.33 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.
32-45.34 Parking Requirements. Parking spaces shall be provided for each land
use as follows:
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Retail Stores and Service/Commercial, except as otherwise specified here:
One space per two hundred fifty square feet of gross floor area;
Retail Stores Which Handle Only Bulky Merchandise, such as Furniture,
Household Appliances and Automobiles: One space per five hundred square
feet of gross floor area;
Service/Commercial, Repair Shops, Wholesale Establishments and Retail and
Wholesale Establishments where business is conducted primarily outside of
buildings: One space per five hundred square feet of gross floor area;
Personal Service: Two spaces per station;
PAGE NO. 33 OF ORDINANCE NO. 2005'-07
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Service Offices and Business/Professional Offices, other than Medical and Dental
Offices: One space per two' hundred twenty-five square feet of gross floor
area;
Medical and Dental Offices: One space per fifteen square feet of waiting
room area, plus one space per examining room, dental chair or similar use
area;
Restaurants, Night Clubs, Cocktail Lounges:
Dine-in restaurants: one space per one hundred gross square feet or
one per three seats (whichever is greater);
2. Take-out restaurants: one space per two hundred fifty square feet;
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Combination take-out (primary use) and dine-in restaurants: one
space per four hundred square feet behind the counter plus one
space per one hundred square feet in front of the counter or one per
three seats (whichever is greater).
Outdoor seating may be provided according to the following
formula based on an approved interior seating plan submitted with
a Land Use Permit:
a. Up to twenty-five percent (25%) of the approved interior
seats: no additional spaces;
b. Twenty-six to fifty percent (26 50%) of the approved
interior seats: one space per six seats;
c. Over fifty percent (50%) of the approved interior seats: one
space per three seats.
Auditoriums and Assembly Halls:
With fixed seats: one space per four fixed seats;
Without fixed seats: One space per forty square feet of gross floor
area.
Churches: One space per three seats: (eighteen linear inches of bench is
considered one fixed seat);
PAGE NO. 34 OF ORDINANCE NO. 2005-07
j. Hotels and Motels: One space per sleeping unit;
k. Rooming and Lodging Houses: One space per each bedroom;
Warehouses and Other Storage Buildings: One space per one thousand square
feet of gross floor area;
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Bowling Alleys: Five spaces for each alley, plus one space for each two
employees;
n. Hospitals: One space for each two beds;
Sanitariums, Convalescent Homes, Rest Homes, Nursing Homes: One space for
each three beds;
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Mortuaries: One space per fifty square feet of gross floor areas in the
chapel areas;
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Multi-family Residential: Each apartment and dwelling unit shall have on-
site automobile parking space on the same lot or parcel as folloWs:
1. Studio dwelling unit: one space;
2. One bedroom dwelling unit: one and one-half spaces;
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.
Spaces shall not be located within the side yard or setback areas of
the principal structure.
°
Fractional amounts shall be rounded out to the next higher whole
number of spaces.
In no event may there be less than one covered space per dwelling
unit.
32-45.35 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.
PAGE NO. 35 OF ORDINANCE NO. 2005-07
32-45.36--32-45.39 Reserved.
Division 5. DEVELOPMENT PLAN REVIEW PROCEDURES
32-45.40 Development Plan Requirement. All land within the Downtown
Business District is designated a P-1 Planned Unit District and may be used as
allowed and regulated in this chapter. 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.
32-45.41 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 thirty 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;
o
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.
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A preliminary utility plan including provisions for storm drainage,
sewage disposal and public utilities.
d. Preliminary architectural plans including floor plans and all elevations.
PAGE NO. 36 OF ORDINANCE NO. 2005-07
e. Preliminary landscape plan.
fo
Additional drawings or information as may be required by the Chief of
Planning.
32-45.42 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 ten calendar days or it becomes final.
32-45.43 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:
The applicant intends to obtain permits for construction within eighteen
months from the effective date of plan approval;
b. The proposed development plan is consistent with the General Plan;
Co
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;
do
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;
3. Internal provisions for traffic and parking; and
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.
PAGE NO. 37 OF ORDINANCE NO. 2005-07
32-45.44 Termination.
Procedure. Development Plan or Land Use Permit approval expires
twenty-four 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 thirty 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.
Time Limit Exception. The time limitation in this chapter applies only to the
first phase of a phased development plan; it does not apply after approval
and implementation of the first phase.
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.
32-45.45 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 Planning.
32-45.46 Land Use Permit.
Application. Any' application for Development Plan approval may be
accompanied by an application for a Land Use Permit as required by Divisions 2,
3 and 4 of this chapter. A separate application for a Land 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.
32-45.47 Variance.
ao
Granting Procedure. A variance to modify a requirement of this chapter
may be granted in accordance with the procedures and standards of the
Danville Ordinance Code, subsection 30-4.1 and Government Code
Section 65906.
Special Uses. Land Use Permits for special uses as deemed appropriate by
the Chief of Planning and/or Planning Commission and Variance Permits
PAGE NO. 38 OF ORDINANCE NO. 2005-07
to modify the provisions contained in Divisions 2, 3, 4, and 5 of this
chapter may be granted after application in accordance with Section 30-4.1
of the Town of Danville Municipal Code.
SECTION 3.
SEVERABILITY.
If any section, subsection, subdivision, paragraph, clause or phrase in this
ordinance, or any part thereof, is for any reason held to be invalid or
unconstitutional, such decision shall not affect the validity of the remaining
sections or portions ~of this ordinance or any part thereof. The Town Council
hereby declares that it would have passed each section, subsection, subdivision,
paragraph, sentence, clause or phrase of this ordinance, irrespective of the fact
that any one or more sections, subsections, subdivisions, paragraphs, sentences,
'clauses or phrases may be declared invalid or unconstitutional.
SECTION 4.
PUBLICATION AND EFFECTIVE DATE.
The City Clerk shall have a summary of this ordinance published twice in a
newspaper of general circulation, once within five days before its adoption and
once within 15 days after adoption. This ordinance shall become effective 30
days after adoption. The foregoing Ordinance was introduced on September 6,
2005 and approved and adopted by the Danville Town Council at a regular
meeting held on September 20, 2005 by the following vote:
AYES: Doyle,
NOES: None
ABSTAIN: None
ABSENT: None
Stepper,
Andersen, Arnerich, Shimansky
APPROVED AS T~ FORM:
CITY ATTORNEY
CITY CLERI~
PAGE NO. 39 OF ORDINANCE NO. 2005-07