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HomeMy WebLinkAbout2008-07 ORDINANCE NO. 2008-07 REPEALING SECTION 32-69.4.b. AND SECTION 32-69.4.d. OF THE DANVILLE MUNICIPAL CODE AND ADDING A NEW SECTION 32-69.4.b. AND SECTION 32.69.4.d. RELATED TO THE REGULATION OF DEVELOPMENT WITHIN TOWN-IDENTIFIED SCENIC HILLSIDE AND MAJOR RIDGELINE AREAS SECTION 1. REPEALING EXISTING SECTION 32-69.4.b. AND SECTION 32-69.4.d. OF THE DANVILLE MUNICIPAL CODE. The existing Sections 32-69.4.b. and 32-69.4.d of the Danville Municipal Code are hereby repealed. SECTION 2. ADDING NEW SECTIONS 32-69.4.b. AND 32-69.4.d. OF THE DANVILLE MUNICIPAL CODE. New Sections 32-69.4.b. and 32-69.4.d. are hereby added to the Danville Municipal Code to read as follows: Section 32-69.4.b. Prohibited Development: No development is permitted within one hundred feet (100') (measured vertically) of the centerline of a major ridgeline (the line running along the highest portion), except when an exception is granted by the Planning Commission in accordance with subsection 32-69.10. Section 32-69.4.d. Subdivisions: The subdivision of lands identified as Major Ridgeline or Scenic Hillside Areas shall not result in the creation of a building site within one- hundred feet (100') (measured vertically) below the centerline of a Major Ridgeline, the creation of a lot that does not have a building site on a slope less than 30 percent in steepness, or in any way results in a building site which does not comply with any of the requirements within this section. SECTION 3. CODIFICATION. Section 2 of this ordinance shall be codified in the Danville Municipal Code. SECTION 4. 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 anyone or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases may be declared invalid or unconstitutional. SECTION 5. 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 July 15, 2008 and approved and adopted by the Danville Town Council at a special meeting held on August 12, 2008, by the following vote: AYES: NOES: ABSTAIN: ABSENT: Andersen, Arnerich, Doyle, None None None Shimansky, Stepper aLtai MAYOR Am-O~ED 3S TO l~: I~ 13 ~J CITY ATTORNEY CITY CLERK 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. 2008-07 of said Town and that said ordinance was published according to law. Dated: City Clerk of the Town of Danville Ordinance 2008-07 2 August 12, 2008