HomeMy WebLinkAbout2006-06
ORDINANCE NO. 2006-06
AMENDING, REPEALING AND ADDING PROVISIONS TO SECTIONS 32-1.7,
32-2 AND 32-22 OF THE DANVILLE MUNICIPAL CODE ESTABLISHING
ZONING STANDARDS FOR SINGLE FAMILY RESIDENTIAL DEVELOPMENT
The Danville Town Council does ordain as follows:
SECTION 1. AMENDING SECTION 32-1.7 OF THE DANVILLE MUNICIPAL
CODE.
Section 32-1.7 of the Danville Municipal Code is hereby amended as follows:
32-1.7 Drainage Requirements.
A. The following text contained in Section 32-1.7 is hereby repealed:
32-1.7 Drainage Requirements.
Drainage facilities shall be installed under a permit issued pursuant to this Title,
adequate to meet and comply with the drainage design standards and requirements set
forth in Chapter XXXI, Subdivision, Section 31-25.
A permit for the installation of drainage facilities will not be issued until applications,
plans and exhibits for such facilities are submitted which comply with the requirements
of this section and Article I through Article V.
B. The following text is hereby added to Section 32-1.7 to read as follows:
32-1.7 Drainage Requirements and New Construction adjacent to Major and Non-major
Channels.
Drainage facilities and all new construction shall be installed under a permit issued
pursuant to this Title, adequate to meet and comply with the drainage design standards
and requirements set forth in Chapter XXXI, Subdivision, Sections 31-25 through 31-
30.2.
A permit for the installation of drainage facilities will not be issued until applications,
plans and exhibits for such facilities are submitted which comply with the requirements
of this section and Article I through Article V.
SECTION 2. REPEALING SECTION 32-2 OF THE DANVILLE MUNICIPAL CODE.
The existing Section 32-2 of the Danville Municipal Code is hereby repealed in its
entirety.
SECTION 3. ADDING A NEW SECTION 32-2 TO THE DANVILLE MUNICIPAL
CODE.
A new Section 32-2 is hereby added to the Danville Municipal Code to read as follows:
32-2 DEFINITIONS GENERALLY.
32-2.1 Construction and Use of Tenses.
a. The definitions in this section govern the construction of this chapter, unless the
context otherwise requires.
b. Unless the natural construction of the word indicates otherwise, the present tense
includes the ~ture and the plural number the singular.
32-2.2 Words and Phrases Defined.
As used in this chapter:
Agriculture shall mean the tilling of soil, the raising of crops, horticulture, dairying, and
the raising and managing of livestock, including all uses customarily incident but not
including slaughterhouses, fertilizer yards, bone yards, plants for the reduction of
animal matter, or any other industrial use which may be objectionable because of odor,
smoke, dust, or fumes.
Apartment unit shall mean a separate residential living area, including facilities for
cooking, sanitation, plumbing, heat, light and ventilation, and means of ingress and
egress, designed for and occupied by one or more persons living as a single
housekeeping unit.
Aviary shall mean a coop, pen, cage, or other similar enclosure, used to house one or
more birds other than poultry.
Building shall mean any structure with a roof supported by columns or walls and
intended for the shelter, housing, or enclosure of persons, animals, or property.
Building; accessory shall mean a subordinate building, the use of which is incidental to
that of a main building on the same lot.
Building height shall mean the vertical distance measured from the average level of the
highest and lowest point of finished grade or natural grade, whichever is lower, of the
lot covered by the building to the highest point of the structure with exceptions noted
elsewhere in this Code.
Cabana shall mean an enclosure or structure used as a place for shade, as a dressing
room, and/or bathhouse located adjacent to a swimming pool.
PAGE 2 OF ORDINANCE NO. 2006-06
Business, retail shall mean the sale, barter, and exchange of retail goods, wares,
merchandise, services, or other personal or real property or any interest in them for
profit or livelihood.
Cemetery shall mean land which is used or dedicated for anyone or a combination of
more than one of the following land uses:
a. A burial park for earth interments;
b. A mausoleum for crypt or vault interments;
c. A columbarium for cinerary interments.
Kennel shall mean any lot, building, structure, enclosure, or premises where one or more
dogs or cats are kept or maintained for commercial purposes, excluding places where
veterinarians board animals for medical care only.
Contractor's yard, including corporation yards, public utility yards or general service
yards shall mean buildings and premises used for the storage and maintenance of
equipment and materials involved in construction, installation, maintenance, and/ or
landscaping, on other property.
Court shall mean an open space, other than a yard, on the same lot with a building or
buildings, which is unoccupied and unobstructed from the ground upward.
Court; inner shall mean a court enclosed either in whole or part on all sides by buildings.
Court; outer shall mean a court which extends to a street line or extends to or opens on a
front, side, or rear yard.
District shall mean a portion of the Town of Danville ("Town") within which certain
uses of land, buildings, and structures are permitted; certain other uses of land,
buildings, and structures are not permitted; portions of certain yards and other open
spaces are required, and certain minimum lot areas and maximum heights are
established for buildings and structures, under the regulations of Article I through
Article V.
Dog fancier shall mean a person owning or keeping three or more dogs over the age of
six months:
a. As pets;
b. For showing in recognized dog shows, field trials or obedience trials;
c. For working and hunting; or
d. For improving the variety of breed in temperament or conformation with a view to
exhibition in shows or trials or for use as working dogs in hunting.
PAGE 3 OF ORDINANCE NO. 2006-06
Duplex shall mean a detached building or part of it, designed for occupation as the
residence of two families living independently of each other.
Family shall mean a single residential unit or a person or group of persons living
together as a domestic unit in a residential unit.
Farming; small shall mean horticulture on a small area of land and the raising and
keeping of more than 24 fowl, rabbits, or livestock.
Home occupations shall mean the limited range of commercial or professional activities
conducted in residential districts where such activity is limited to uses that may be
conducted within a residential dwelling without changing the appearance of conditions
of the residence and neighborhood and where such business activities shall comply
with the following requirements:
a. A home occupation compliance report shall be processed through the Planning
Division.
b. A business license application shall be processed through the Finance
Department as applicable.
c. The home occupation shall not create any direct, in-person retail sales
transactions conducted at the premises.
q. The home occupation shall not generate pedestrian or vehicular traffic or parking
demand or vehicular deliveries beyond the normal to the residential district.
e. Not more than 25% of the gross floor area of the dwelling unit, or six hundred
square feet of gross floor area on the site including accessory structures,
whichever is less, shall be devoted to the home occupation.
f. The home occupation shall not involve employment of help other than the
members of the resident family and one assisting non-family employee.
g. No parking or storage of employee's vehicles in the neighborhood shall occur for
employees who perform functions of the home occupation away from the
premIses.
h. No storage or display of materials, goods, supplies, or equipment related to the
operation of a home occupation shall be visible from outside the premises.
1. The home occupation shall not involve the use of advertising or business
identification signs on the premises except that one nameplate indicating
name/ occupation only is permitted, not to exceed one-half square foot area.
J. No mechanical, electrical, or other equipment shall be used, nor shall a home
occupation be conducted in any manner, which creates a nuisance or is noxious,
offensive, or hazardous by reason of vehicular traffic, noise, electrical or
magnetic interference, vibration, particulate matter, odor, heat, humidity, glare,
refuse, radiation, or other objectionable emissions or effects.
k. In no way shall the appearance of the structure be altered, or the occupation
within the residence be conducted in a manner, that would cause the premises to
differ from its residential character either by the use of colors, materials,
construction, or lighting.
PAGE 4 OF ORDINANCE NO. 2006-06
1. The use of the garage for home occupation activities shall not result in the
decrease in the amount of required off-street parking required for the premises.
m. The number of home occupations at one address is not limited except the
cumulative impact shall not exceed these regulations.
Hotel or motel shall mean a building or part of it containing six or more guest rooms
designed, intended to be used, or used by six or more persons for money, goods,
services, or other compensation. Excepted are buildings where occupants are housed or
detained under legal restraint, buildings for the refuge, maintenance, or education of
needy, aged, infirm, or young persons, and buildings where patients or injured persons
receive medical or surgical treatment.
Lot; definition, dimensions, area.
a. Defined. Lot shall mean a piece, parcel, tract, or division of land, including one
delineated or described as a single integral unit on a subdivision map, and two or more
considered as one pursuant to Section 32-5.1c.
b. Lawful lot. To qualify as a building site, a lot shall have the minimum dimensions
required therefor by Article I and Article II for the district where it is situated.
c. Right-of-way excluded. No part, nor all, of a lot within a public road, street, highway,
right-of-way, or easement, for vehicles or pedestrians, existing or proposed, shall be
used to satisfy minimum area, yard, dimensional or coverage requirements.
Lot; average width is the total area of the lot divided by the depth of the lot.
Lot depth or Depth of a lot shall mean the distance normal to the frontage to the point of
the lot farthest from the frontage.
Lot frontage or Frontage of a lot shall mean the distance measured between the two points
on the principal road, street, or access that are farthest apart.
Multiple family building shall mean a detached building designed and used exclusively
as a dwelling by three or more families occupying separate suites or apartments.
One family dwelling shall mean a detached building or part of it, designed for occupation
as the residence of one family.
Sign; accessory or accessory sign shall mean any surface or portion thereof, on which
lettered, figured or pictorial matter is displayed for the purpose of advertising or
identifying goods and services sold or produced on the property upon which the
surface is located.
Sign; nonaccessory or Nonaccessory sign shall mean any surface or portion thereof, on
which lettered, figured or pictorial matter is displayed for purposes of advertising other
PAGE 5 OF ORDINANCE NO. 2006-06
than the name and occupation of the user of the premises on which the surface is
located, or advertising other than the nature of the business or activity conducted
thereon, or advertising of goods and services other than those primarily sold or
prod uced thereon.
Sign structure shall mean any structure whose primary purpose is to support an
accessory sign or nonaccessory sign.
Story shall mean that portion of a building included between the upper surface of any
floor and the upper surface of the floor next above, except that the topmost story shall
be that portion of a building included between the upper surface of the topmost floor
and the ceiling or roof above. If the finished floor level directly above a basement or
cellar is more than six feet above grade at any point, such basement or cellar shall be
considered a story.
Story, half or Half story shall mean that portion of a building under a gable, hip or
gambrel roof, the top wall plat of which on at least two opposite exterior walls are not
more than three feet above the floor of such building portion.
Structure shall mean anything constructed or erected on and permanently attached to
land, except: (1) "buildings" as defined in this section; (2) fences with a maximum height
of six feet, or retaining wails with a maximum height of three feet or any combination
thereof not over six feet high; (3) sidewalks, gateways, pipes, meters, meter boxes,
manholes, and mailboxes; and (4) poles, wires, pipes and other devices, and their
appurtenant parts, for the transmission or transportation of electricity and gas for light,
heat or power, or of telephone and telegraphic messages, or of water.
Transit-mix plant shall mean a use of land and equipment incidental to the erection,
maintenance, and use of plants, including fixtures and machinery, for the handling,
sorting, shipment, transshipment, storage, mixing, and grading of building materials,
including sand, gravel, and cement but not including hot tar, asphalt, or other similar
bitumens. A "transit-mix plant" includes buildings, structures, bins, chutes, bunkers,
silos, hoists, elevators, hoppers, or conveyors designed, intended for, and used in the
preparation of concrete ready-mix for shipment in trucks and transit-mixers from the
premises.
Use; accessory or Accessory use shall mean a use incidental and accessory to the principal
use of a lot, or a use accessory to the principal use of a building located on the same lot.
Use; nonconforming or Nonconforming use shall mean a use of land, building or structure
on land that does not conform to Article I and Article II for the district in which it is
situate.
Yard shall mean an open space other than a court, on the same lot with the building,
which open space is unoccupied from the ground upward to the sky, except as
otherwise provided in Article I and Article II. In determining the dimensions of a yard
PAGE 6 OF ORDINANCE NO. 2006-06
as provided in Article I and Article II, the "line of the building" means a line drawn
parallel to the nearest lot line through the point of a building which is the nearest
building to the lot line, without regard to parts of the building designated in Article I
and Article II as parts not to be considered in measuring yard dimensions.
Yard; front or Front yard shall mean an open area extending across the front of a lot,
measured toward the rear of the lot to the nearest line ~f any building on it. If any
setback is established by Article I and Article II for a lot, the area between the setback
line and the boundary line that determines the position of the setback line shall
constitute the front yard of the lot.
Yard; rear or Rear yard shall mean an open area extending across the rear of a lot,
measured from the rear line toward the front to the nearest line of any building on the
lot.
Yard; side or Side yard shall mean an open area between each line of a lot and the nearest
line of any building on the lot and extending from the front line to the rear Line of the
lot.
SECTION 4. REPEALING SECTION 32-22 OF THE DANVILLE MUNICIPAL
CODE.
The existing Section 32-22 of the Danville Municipal Code is hereby repealed in its
entirety.
SECTION 5. ADDING A NEW SECTION 32-22 TO THE DANVILLE MUNICIPAL
CODE.
A new Section 32-22 is hereby added to the Danville Municipal Code to read as follows:
32-22 SINGLE FAMILY RESIDENTIAL DISTRICTS
32-22.1
32-22.2
32-22.3
32-22.4
32-22.5
32-22.6
32-22.7
General Provisions
Permitted Uses
Uses Requiring a Land Use Permit and/ or Development Plan Permit
Maximum Building Height
Minimum Lot Area, Width and Depth
Yard Requirements
Accessory Structures
PAGE 7 OF ORDINANCE NO. 2006-06
32-22.8
32-22.9
32-22.10
32-22.11
Off-Street Parking
Fencing and Retaining Walls
Garage Conversions
Granting of Land Use or Variance Permit
32-22.1 General Provisions. Land within a single family residential district may be used
for the uses and in accordance with the regulations set forth in this section.
32-22.2 Permitted Uses.
a. The following uses are permitted in a single family residential district:
1. A detached single family dwelling on each lot and the accessory structures and uses
normally auxiliary to it;
2. Crop farming, except raising or keeping any animals other than ordinary household
pets;
3. Publicly owned parks and playgrounds;
4. A day care center or residential facility, including a family care, foster or group home
or a residential care facility for the elderly, operated by a person with State and/ or local
agency approval or license, where not more than six persons reside or receive care, not
including the licensee or members of the licensee's family or persons employed as
facility staff;
5. A day care home providing care for more than six and up to eight children if all of the
following conditions are met:
- At least two of the children are at least six years of age;
- No more than two infants are cared for during any time when more than six children
are cared for; an infant is defined as a child who is less than two years of age;
- The licensee notifies each parent that the facility is caring for two additional school age
children and that there may be up to eight children in the home at one time;
- The licensee obtains the written consent of the property owner when the family day
care home is operated on property that is leased or rented;
PAGE 8 OF ORDINANCE NO. 2006-06
- The facility is operated by a person with State, and/ or local agency approval or
license;
- The facility meets any other conditions as established by the California Health and
Safety Code State.
6. Aviaries which comply with subsection 32-22.7d and which are maintained in a
sanitary manner as determined by the Health Department.
7. Home occupations complying with this chapter.
8. Second dwelling units that have 750 square feet or less of conditioned living space
and comply with this chapter, Section 32-76 (Second Dwelling Unit Ordinance).
b. In addition to the above uses, the following uses are permitted in the R-20, R-40, R-65
and R-IOO districts:
1. Horticulture and viticulture;
2. Small farming, including the raising of poultry and rabbits, primarily as pets or for
home consumption;
3. Keeping livestock on lots 40,000 or more square feet in area. The lot must be at least
40,000 square feet for each two head of livestock and all contiguous in one fee
ownership. On lots over 40,000 square feet, the owner is allowed one head of livestock
per each additional 20,000 square feet in area.
32-22.3 Uses Requiring a Land Use Permit and/or Development Plan Permit.
The following uses are permitted upon the issuance of a land use permit and/or
development plan permit:
a. Churches and religious institutions and parochial and private schools including
nursery schools;
b. Community buildings, clubs and activities of a quasi-public, social, fraternal or
recreational character, such as golf, tennis and swimming clubs, and veterans and
fraternal organizations;
c. Hospitals, philanthropic institutions, and convalescent homes;
d. Greenhouses, over 300 square feet;
PAGE 9 OF ORDINANCE NO. 2006-06
e. Publicly owned buildings and structures (except that accessory structures forming a
part of public utilities, publicly owned utilities and pipelines are not regulated by this
chapter, except for setback regulations (see Section 32-1);
f. A second dwelling unit within the range of 751 to 1,000 square feet of conditioned
living space on parcels less than one acre and up to 2,000 square feet for parcels that are
one acre or larger. Additional design criteria are established under Section 32-76 of this
chapter (Second Dwelling Unit Ordinance);
g. Commercial radio and television receiving and transmitting facilities other than
broadcasting studios and business offices;
h. Horse riding academies and horse riding instruction, if the requirements listed in
subsection 32-22.2b, 3 are met;
i. Private radio, amateur radio, and television antennas, flag poles, monuments, spires,
wind chargers and other similar accessory structures;
j. Residential development on Town-identified Scenic Hillside or Major Ridgeline lots
complying with Section 32-69;
k. Wireless communications facilities, complying with Section 32-70.
1. Uses which the Planning Commission has found, after notice and hearing, to be
comparable to the above uses.
32-22.4 Maximum Building Height. No single family dwelling or other structure
permitted under this section may exceed two and one-half stories or 35 feet in height.
Residential development on Town-identified Scenic Hillside or Major Ridgeline lots
shall comply with additional height restrictions as outlined in Section 32-69.
32-22.5 Minimum Lot Area, Width and Depth. No single family dwelling or other
structure permitted under this section may be erected or placed on a lot with less than
the following minimum requirements:
a. Lot Area
IR -6 IDistrict 16,OO~ .sqllare ..feet
IR~7--------rrn;rict I!;O-OO-sguarefeet
IR-19~_.,.,_~_I~~~trict.11o~ooo s~uarefee~~_11
fR=12m . IDistrict[G,OOOsgllaEefeet.. .1
IR-15 . IDistrictl15,OOO square feel . I
PAGE 10 OF ORDINANCE NO. 2006-06
IR-20 IDistrictl20,OOO squaref~et' I
IR-40 IDistrict 140,000;quare feet ,
IR-65 IDistrict [65J)00 square feet I
fR=iOO-'-IDistrict rwo.:OO~;~~~j
b. Lot Width
IR-6 rDi;trict--'160f~~t'--
1.R-7"" "lr:>istrict. ...70 feet
~]~lrict~~o feet ~I
IR-12... . .:IDistrict ...1100 feet
[R=is.."'----IDistrict fiOOf~t-----
!R-20 IDistrictl120 feet
fR40 . [District ..'[Vto feet .. ,
IR-65 .IDistrict[14Ofeet J
,~~~~_'"__,_,~~~!..i.~~_..,,.J~?~~. fe~~_,_ ....
c. Lot Depth
[R=6------IDistri~-t.[ioof~~tl
IR-7IDistrict!ioOf~etl
[R:=io-- . feet
[R-12 istrict 100 feet
[R-=-lS.--.----- rDi;trict[iOOf~.~t-
!R-20 IDistrict.!120 feet
[R=40--.----II>istrict [i~0 fe~t
IR-65 istrict..140 feet
[R=ioo---IDistrict .'f200f~-;t'
_.__......,...,_,....,...,._._.__---'-____".,___..J
32-22.6 Yard Requirements. The following minimum requirements apply to front yard
setback, side yards and rear yards.
PAGE 11 OF ORDINANCE NO. 2006-06
a. Front Yard Setback
fR... ~--- flli..i...~.t.'.ric. t.-..... 1.2....0. f.eet.. .....
' - ", ',.',
IDistrictl20.feet
---.. -..........~.. ........-. _._-_._.....f:-. -... .
pistrict . 20 feet
IDistrict 120 feet .
lDistrict . !20 feet
IDistrict '125. feet
lDistrict 125 feet
IDistrictl25 feet
!----f,--
,District/30 feet
1~~7
[R-10
IR~12
lR-15
'lR-20
lR-49
IR-65
;IR-100
On a corner lot, the primary front yard shall have a setback of at least the minimum
indicated for each district. The secondary front yard shall be the minimum primary
front yard setback minus five feet. The remaining interior sides of the lot shall be
treated as side yards for the purpose of determining minimum setbacks. Regardless of
its location on either the primary or secondary front yard, the garage shall maintain a
minimum front yard setback of twenty feet (20').
b. Visibility at intersections for comer lots. Fences and vegetation shall be no higher
than two and one-half feet above the curb grade, or three feet above the pavement
surface at the outside edge of pavement adjoining the premises, within the sight
distance triangle. The sight distance triangle is defined as a triangular area bounded by
the right-of-way lines and a diagonal line joining points on the right-of-way lines 25 feet
back from the point of their intersection or in the case of rounded corners, the triangular
area between the tangents to the curve of the right-of-way line and a diagonal line
joining points on the tangents 25 feet back from the point of their intersection. The
tangents referred to are those at the beginning and at the end of the curve of the right-
of-way line at the corner.
The exception for vegetation in the site distance triangle is a tree with the following
clearances: (1) the limbs and canopy maintain a seven feet vertical clearance from the
sidewalk or from pavement for neighborhoods without sidewalks and (2) a 14'6"
vertical clearance is maintained for trees that canopy over a street as measured from the
street pavement.
c. Overhang. For the primary residence, an overhang of architectural features such as
eaves or bay windows is allowed to encroach up to two feet into the required yard
setbacks.
PAGE 12 OF ORDINANCE NO. 2006-06
d. Side Yards. The following minimum width requirements apply to side yards:
.~--_._-- ---.--.-
:.................... ........ .... . Aggr...e....g.a..t..e.. W....idth Of..
side yard (both sides
. . added together)
inimum width
of one side
.1~-6 District
.IR-7District
P.R.. ..-...1. 0 Distric.t
.p,_""",,'" ',--0 ,
I~ -12 IJistrict
;!~:~5}2ist~ic!
-20 District
i1R-40 District
" '.-,p,-,--,-..-, .","',"","'",.,",'" '''.'
!R-65 District
R -100
District
115 feet Is feet
[15 feet T5 feet
~Ofuet __----liO-f~et
125 feet 10 feet
125 feet 110 feet
135 feet 115feet
! 140 feet f20 feet
140 feet 120 feet
160 feet --130 feet
e. Rear Yards. There shall be a rear yard for any primary residence of at least:
1~:6, R -7 I?istricts
[~:10, R-12, ~-15 Districts
R-20, R-40, R-65, R-I00
Districts
~-_u__..;.:"':.-.;..~~m.~~"_._._.__..;......u...:~,,.____~~..___.~_..._u..".._..._.~,,__.___,______,~.~. :.,~_
120 feet
125 feet
30 feet
f. Second story setbacks applicable to R-6, R-7, R-I0, R-12, and R-15 Districts and lots
that are 15,000 square feet or smaller in any other zoning district. The gross square
footage of second story additions shall be no larger than 80% of the gross square footage
of the ground floor of the home. Gross square footage shall be defined as the sum of the
square footage of both conditioned living space and garage or other non-conditioned
storage space. As a minimum, the second story addition along the primary front
elevation, and secondary front elevation as applicable, shall be recessed a minimum of
five feet as measured vertically from the existing ground floor exterior elevations,
where such additions are setback less than 35 feet from any front property line. Where a
setback of 35 feet or more from the property line are observed for both ground floor and
second story additions, the second story setbacks are waived.
g. P-l Districts. Ground floor setbacks established for properties zoned P-l; Planned
Unit Development District prior to the Town's incorporation in 1982 are not changed by
approval of this chapter. Where the Town has established specific setback or height
PAGE 13 OF ORDINANCE NO. 2006-06
limitations through a subdivision map, final development plan or other entitlement,
setback restrictions established through such entitlement process shall apply to
continuing or future development within the approved project. At the discretion of the
Chief of Planning, proposals for modification of duets, attached homes, or other
development in which architecture was initially approved through public hearing may
be referred to the Planning Commission.
h. Creek structure setbacks. Major channels are defined as San Ramon Creek,
Sycamore Creek, Green Valley Creek, East Branch of Alamo Creek, and West Branch of
Alamo Creek. For properties that abut major channels, all additions and/or new
structures shall meet the current structure setback requirements as defined by Contra
Costa County Flood Control & Water Conservation District or as determined by the
City Engineer.
For properties that abut non-major channels, all additions and/ or new structures shall
meet the structure setback requirements as defined in Danville Municipal Code Chapter
31-29 (Easements).
i. Front Porch. A porch may encroach a maximum of five feet into the minimum
required front yard setback, and shall result in a front yard setback no less than 15 feet
as measured from the post face. A porch is defined as an architectural feature with a
floor-like platform structure attached to the exterior elevation of a residence, is external
to the conditioned living space, has direct access to the street level of the building, and
is covered only by a roof or eaves.
j. Breezeways. A breezeway is allowed and is defined as a roofed, open-sided
passageway connecting two structures. For purposes of determining the maximum
allowable height and minimum yard setbacks, a structure shall not be considered
connected to the primary residence by utilizing a breezeway, unless the breezeway is
structurally integrated into the construction of both the primary residence and
accessory structure, and the length of such breezeway is greater than 50% of the depth
of the smaller structure. A structure shall observe the accessory structure height and
yard setback requirements, if the connection to the primary residence is through
installation of a breezeway that is attached to or abutting the exterior elevation of a
residence.
32-22.7 Accessory Structures.
a. Height. A private radio, ham radio or television antenna or spire shall not extend
above the highest peak of the roof when attached thereto, unless documentation is
provided that a higher height is necessary to adequately receive communications as
required by law. A ground-mounted antenna shall not exceed 35 feet in height and shall
have a non-shiny finish. Flagpoles shall not exceed 25 feet in height. The height of all
PAGE 14 OF ORDINANCE NO. 2006-06
accessory structures including spires, but excluding those stated in paragraphs e. and f.
below shall not exceed 15 feet in height. Additionally, no part of the vertical wall of any
accessory structure shall be greater than 12 feet high within 10 feet from the side and
rear property lines.
b. Yards.
1. Front yards. The front yard set-backs in subsection 32-22.6a. also apply to accessory
structures.
2. Interior side and rear yards. The minimum width of an interior side yard or interior
rear yard may be reduced to five feet for an accessory structure if it is set back from the
front proper line at least:
IR-6~R-7/R~ 10 Districts
!R-12,l~-15, R-20 pistricts
!R-40,R-65, R-100Distri~ts
I?QJ~et J
165 feet
!75 feet
c. Setback from Other Structures. No accessory structure may be closer than six feet
from any other structure.
d. Standards for specific types of accessory structures.
Aviaries. Aviaries shall not be over 12 feet high nor exceeding in one square foot (not
over 1,600) area for each 50 square feet of net land area per lot, and unless otherwise
provided herein, shall be set back at least 25 feet from the front property line and any
street line and at least ten feet from any side or rear property line.
Animal Structures. Where permitted, a chicken house, rabbit hutch, or similar
accessory structure provided for the housing of animals shall be set back not less than
60 feet from the front property line or any street line, and shall be not less than 40 feet
from any side or rear property line; a barn, stable or other building or structure used to
shelter livestock shall be set back not less than 100 feet from the front property line or
any street line, and may not be less than 50 feet from any side or rear property line; a
fenced pasture, paddock or other enclosed livestock area may not be located nearer than
ten feet to any property line.
Detached structures, detached garages, storage sheds, cabanas. If utilizing the reduced
five feet side and rear property line setback, the structure must meet the following
requirements in consideration of impact to neighboring properties:
PAGE 15 OF ORDINANCE NO. 2006-06
- If the eave overhang is greater than six inches in depth, the five feet setback is
measured from the exterior face of the eave, not the exterior walL
- If the eave overhang is six inches or less in depth, the five feet setback may be
measured from the exterior walL
- No part of the structure shall be greater than 12 feet high within ten feet from the side
and rear property lines.
Portable Storage Sheds. Portable storage sheds shall be defined as those structures that
are freestanding and moveable, have no permanent foundation, are less than 120 square
feet in area, have wall heights no greater than six feet, have a building height no greater
than eight feet as measured at the highest pitch of the roof, and contain no plumbing or
electrical installations. Portable storage sheds are exempt from structural setback
requirements when placed in the rear yard area. The required minimum set back from
the front and/ or secondary front property lines must be maintained as defined for each
District. Sheds, overhangs and sheltered areas shall not be created by utilizing a
property line fence and such structures do not qualify as portable storage sheds.
Decks. Ground-level decks and platforms shall maintain five feet side and rear yard
setbacks. Ground-level decks and platforms are defined as structures that are not more
than 30 inches in height above grade, not located over any basement or story below, and
either attached or detached to the residence.
Decks and platforms exceeding 30 inches in height shall maintain the setback
requirements of the applicable zoning district for the primary structure and shall secure
building permits.
Regardless of height, decks attached to the residence are required to secure a building
permit in compliance with the most current version of building regulations.
Arbors and patio shade structures which extend more than two feet from the
building face. Arbors and patio shade structures that are attached or detached which
abut the primary residence, are open on at least three sides, and are constructed without
a solid roofing material, shall maintain a minimum ten feet side and rear yard setback,
or the structure setback of the primary home, whichever is less.
Arbors and patio shade structures that have a solid roof material or are not open on at
least three sides shall meet the structure setbacks of the primary home.
Other accessory structures less than six feet in height. Other accessory structures
including pools, pool equipment, spas, play structures less than six feet in height are not
PAGE 16 OF ORDINANCE NO. 2006-06
required to maintain a six feet building separation, but shall maintain a minimum five
feet setback from the side and rear property lines.
32-22.8 Off-Street Parking.
a. Minimum on-site parking requirement. Each single family lot shall have a minimum
of two off-street parking spaces. The spaces shall be provided in an enclosed garage
structure that meets the setback requirements of each district. The garage dimensions as
measured from the face of the interior walls shall be at least 20 feet wide and 22 feet
deep.
b. Side-loaded garages. Driveways serving side-loaded garages shall have a minimum
depth of 24 feet and be served by a minimum five feet depth back-out area located
beyond the interior side wall of the garage to facilitate vehicle back-out maneuvers.
32-22.9 Fencing and Retaining Walls.
Fences and retaining walls do not qualify as accessory structures and are subject to their
own setback and design criteria as follows:
a. Front yard fence. Front yard fences or hedges located within the required yard
setback area may be a maximum of three and one-half feet as measured at the existing
grade of the location of fence placement. For corner lots, the front yard fence shall be
reduced to 30 inches above top of curb or three feet above the edge of pavement for
neighborhoods with no curb when placed within the sight distance triangle, as defined
in Section 32-22.6.
b. Interior Side and rear yard fence. The height limit for side and rear yard fences
which do not face a street is six feet total, including lattice or other decorative top fence
treatment. For shared property line fences with two different finished pad elevations,
the height of the fence shall be determined by averaging the height of the two sides of
the fence. Retaining walls are included in the calculation of the total height when a
fence is placed directly on top of a retaining wall. On the side in which the retaining
wall is visible, the retaining wall shall not exceed three feet and the fence shall not
exceed four feet six inches, for a total combined fence and retaining wall height of seven
feet six inches.
c. Corner lot side and rear yard fence. Corner lots with side or rear yards that face a
public street may install fences up to six feet in height where the proposed fence
location does not obstruct the line of sight for drivers as defined in Section 32-22.6b of
this chapter, or as determined by the City Engineer. Additionally, the fence must
maintain a minimum property line setback of five feet and landscaping shall be
installed along the exterior face of the fence. Side yard fences shall not extend into the
PAGE 17 OF ORDINANCE NO. 2006-06
primary front yard setback area, if the height of the fence is greater than 30 inches above
top of curb or three feet above the edge of pavement for neighborhoods with no curb
when placed within the sight distance triangle, as defined in Section 32-22.6.
d. Fence separate from retaining walls. The maximum height allowed for retaining
walls, which are separate from fences or are installed to create a flat pad for landscaping
purposes, is six feet. The height of retaining walls within the front yard setback area is
restricted to three and one-half feet. Front yard retaining walls shall meet the standards
for visibility at intersections for corner lots as defined in Section 32-22.6b of this chapter
and as applicable. Retaining walls greater than three feet in height shall not be placed
on the property line and shall observe a minimum three feet setback to ensure that all
footings and space for maintenance do not encroach on neighboring properties. Sloped
areas that require additional retaining walls must minimize massing by being terraced
with the ground plane width of each terraced increment to be greater than or equal to
the height of the retaining wall, before an additional retaining wall can be placed.
Installation and maintenance of landscaping in the landscape strip beyond the exterior
face of the retaining wall is required for retaining walls of any height in which building
permits are required.
Retaining walls required for structural or geotechnical reasons, or for public capital
improvements, are exempt from the six feet height restriction.
32-22.10 Garage Conversions. Existing garages that are less than the minimum required
20 feet wide and 22 feet deep are not eligible to convert any portion of the existing
garage into conditioned living space. The conversion of either the entire garage or any
portion of the garage to living space or other residential use is allowed if:
a. The property meets the minimum on-site parking requirement of two off-street
parking spaces, provided in an enclosed garage structure that meets the setback
requirements of each district. The enclosed garage structure shall have dimensions of at
least 20 feet wide and 22 feet deep as measured from the face of the interior walls.
b. The existing garage door is removed, and replaced with walls, windows, doors and
other suitable materials.
c. The exterior of converted space uses the same exterior colors, materials and style of
the existing structure; and
d. The curb is replaced, the driveway is removed and landscaping is installed so that
the converted space no longer resembles a garage.
32-22.11 Granting of Land Use or Variance Permit. Land use permits for the special
uses enumerated in subsection 32-22.3 and variance permits to modify the provisions in
PAGE 18 OF ORDINANCE NO. 2006-06
subsections 32-22.4 through 32-22.10, may be granted in accordance with Sections 2-7
and 32-3 of the Danville Municipal Code.
SECTION 6. CODIFICATION.
Sections I, 2, 3, 4, and 5 of this ordinance shall be codified in the Danville Municipal
Code.
SECTION 7. SEVERABILITY. If any section, subsection, sentence, clause or phrase of
this ordinance is for any reason held to be invalid, such decision shall not affect the
validity of the remaining portions of the ordinance. The Danville Town Council hereby
declares that they would have adopted the ordinance, and each section, subsection,
sentence, clause, or phrase thereof, irrespective of the fact that one or more sections,
subsections, sentences, clauses or phrases was declared invalid.
SECTION 8. 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 (5) days before its adoption and once within 15 (fifteen) days after adoption.
This ordinance shall become effective 30 days after adoption.
The foregoing Ordinance was introduced on December 19, 2006 and approved and
adopted by the Danville Town Council at a regular meeting held on January 16, 2007,
by the following vote:
A YES: Andersen, Doyle, Shimansky
NOES: Arnerich, Stepper
ABSTAIN: -
ABSENT:
~~)(~
MAYOR
APPROVED AS TO FORM:
CI~~ ~1-
PAGE 19 OF ORDINANCE NO. 2006-06
CLERK'S CERTIFICATE.
I, Marie Sunseri, City Clerk of the Town of Danville, hereby certify that the foregoing is
a true and accurate copy of Ordinance No. 2006-06 of said Town and that said
ordinance was published according to law.
Dated:
City Clerk of the
Town of Danville
PAGE 20 OF ORDINANCE NO. 2006-06