HomeMy WebLinkAbout2009-02
ORDINANCE NO. 2009-02
APPROVING ZONING TEXT AMENDMENT ZT A09-0001 AMENDING THE
TOWN'S DOWNTOWN BUSINESS DISTRICT ORDINANCE TO
PROVIDE FOR A TWO-YEAR MORITORIUM ON THE
PAYMENT OF OFF-SITE PARKING IN-LIEU FEES
WITHIN DOWNTOWN BUSINESS DISTIRCTS
1, 2, 2A, 3, AND 11 AND TO EXTEND THE
VALID APPROV AL PERIOD FOR
DOWNTOWN DEVELOPMENT
PLANS FROM 24 TO 36 MONTHS
SECTION 1.
REPEALING EXISTING SECTION 32-45.30.f. AND
SECTION 32-45.44.a. OF THE DANVILLE MUNICIPAL
CODE.
The existing Sections 32-45.30.f. and 32-45.44.a. of the Danville Municipal Code
are hereby repealed.
SECTION 2.
ADDING NEW SECTIONS 32-45.30.f. AND 32-45.44.a. OF
THE DANVILLE MUNICIPAL CODE.
New Sections 32-45.30.f. and 32-45.44.a. are hereby added to the Danville
Municipal Code to read as follows:
Section 32-45.30.f.
In-Lieu Fees. In-lieu parking fees shall be set at three thousand five
hundred ($3,500;00) dollars/space for retail uses and seven thousand
($7,000) 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 owne]," for Assessment
District 73/74 (the Clocktower lot) 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 June 17, 2009, parking in-lieu fees for Downtown Business
Districts I, 2, 2A, 3 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 two (2) "years, at
which time the fee waiver shall expire.
Section 32-45.44.a.
Procedure. Development Plan or Land Use Permit approval expires thirty-
six (36) 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 (30) 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.
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.
Ordinance 2009-02
2
May 18, 2009
The foregoing Ordinance was introduced on May 5, 2009 and approved and
adopted by the Danville Town Council at a regular meeting held on May 18,
2009, by the following vote:
AYES: Arnerich, Andersen, Shimansky, Stepper
NOES: None
ABSTAIN: None
ABSENT: Doyle
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CITY ATTORNEY
#0,
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. 2009-02 of said Town and
that said ordinance was published according to law.
Dated:
City Clerk of the
Town of Danville
Ordinance 2009-02
3
May 18, 2009