HomeMy WebLinkAbout2010-06
ORDINANCE NO. 2010-06
REPEALING THE EXISTING SECTIONS 32-2.2 AND 32-22.2 OF THE
DANVILLE MUNICIPAL CODE AND ADDING NEW
SECTIONS 32-2.2 AND 32-22.2 RELATED TO THE
KEEPING OF POULTRY IN RESIDENTIAL ZONING DISTRICTS
The Danville Town Council does ordain as follows:
SECTION 1.
REPEALING EXISTING SECTION 32-2.2 OF THE
DANVILLE MUNICIPAL CODE.
The existing Section 32-2.2 of the Danville Municipal Code is hereby repealed in
its entirety.
SECTION 2.
ADDING NEW SECTION 32-2.2 OF THE DANVILLE
MUNICIPAL CODE.
A new Section 32-2.2 is hereby added to the Danville Municipal Code to read as
follows:
32-2.2 Words and Phrases Defined.
As used in this chapter:
Agriculture shall mean the tilling of soil, the raIsmg 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 (1) or more persons living
as a single housekeeping unit.
Aviary shall mean a coop, pen, cage, or other similar enclosure, used to house one
(1) 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.
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.
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.
Cemetery shall mean land which is used or dedicated for anyone (1) or a
combination of more than one (1) 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.
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 ('ITown") 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.
PAGE 2 OF ORDINANCE NO. 2010-06
Dog fancier shall mean a person owning or keeping three (3) or more dogs over
the age of six (6) 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.
Duplex shall mean a detached building or part of it, designed for occupation as
the residence of two (2) 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 fowl or livestock as specified within the applicable zoning district
ordinance.
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.
d. The home occupation shall not generate pedestrian or vehicular traffic or
parking demand or vehicular deliveries beyond the normal to the residential
district.
PAGE 3 OF ORDINANCE NO. 2010-06
e. Not more than twenty-five percent (25%) of the gross floor area of the
dwelling unit, or six hundred (600) 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 (1) assisting non-family employee.
g. No parking or storage of employee1s 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.
i. The home occupation shall not involve the use of advertising or business
identification signs on the premises except that one (1) nameplate indicating
name/ occupation only is permitted, not to exceed one-half (1/2) 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.
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 (1) 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 (6) or more guest
rooms designed, intended to be used, or used by six (6) 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.
PAGE 4 OF ORDINANCE NO. 2010-06
Kennel shall mean any lot, building, structure, enclosure, or premises where one
(1) or more dogs or cats are kept or maintained for commercial purposes,
excluding places where veterinarians board animals for medical care only.
Lot; average width is the total area of the lot divided by the depth of the lot.
Lot; definition, dimensions, area.
a. Defined. Lot shall mean a piece, parcel, tract, or division of land,
including one (1) delineated or described as a single integral unit on a
subdivision map, and two (2) or more considered as one (1) pursuant to Section
32-5.1c.
b. Lawful lot. To qualify as a building site, a lot shall have the minimum
dimensions required therefore 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 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
(2) 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 (3) 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 (1) 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 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
PAGE 5 OF ORDINANCE NO. 2010-06
or activity conducted thereon, or advertising of goods and services other than
those primarily sold or produced 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 (6) 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 (2) opposite exterior
walls are not more than three (3) 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 (6) feet, or retaining wails with a maximum height of
three (3) feet or any combination thereof not over six (6) 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.
PAGE 6 OF ORDINANCE NO. 2010-06
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 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 of 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 3.
REPEALING EXISTING SECTION 32-22.2 OF THE
DANVILLE MUNICIPAL CODE.
The existing Section 32-22.2 of the Danville Municipal Code is hereby repealed in
its entirety.
SECTION 4.
ADDING NEW SECTION 32-22.2 OF THE DANVILLE
MUNICIPAL CODE.
A new Section 32-22.2 is hereby added to the Danville Municipal Code to read as
follows:
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;
PAGE 7 OF ORDINANCE NO. 2010-06
3. Publicly owned parks and playgrounds;
4. .(\ 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 (6)
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 (6) and up to eight
(8) children if all of the following conditions are met:
(a) At least two (2) of the children are at least six (6) years of age;
(b) No more than two (2) infants are cared for during any time when
more than six (6) children are cared for; an infant is defined as a child who is less
than two (2) years of age;
(c) The licensee notifies each parent that the facility is caring for two
(2) additional school age children and that there may be up to eight (8) children
in the home at one (1) time;
(d) 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;
(e) The facility is operated by a person with State, and/or local
agency approval or license;
(f) 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 seven hundred fifty (750) square feet
or less of conditioned living space and comply with this chapter, Section 32-76.
b. In addition to the above uses, the following uses are permitted in the R-
20, R-40, R-65 and R-100 districts:
1. Horticulture and viticulture;
PAGE 8 OF ORDINANCE NO. 2010-06
2. Small farming, including the raising of a maximum of 10 hens or
rabbits in the R-20 and R-40 zoning districts and a maximum of 20 hens or
rabbits in the R-65 and R-I00 zoning districts, primarily as pets or for home
consumption (existing roosters on properties in the R-20, R-40, R-65 and R-I00
districts at the adoption of this Ordinance shall be considered legal non-
conforming uses until September 28, 2010. No roosters shall be permitted in any
residential zoning district after that date);
3. Keeping livestock on lots forty thousand (40,000) or more square feet
in area. The lot must be at least forty thousand (40,000) square feet for each two
(2) head of livestock and all contiguous in one (1) fee ownership. On lots over
forty thousand (40,000) square feet, the owner is allowed one (1) head of
livestock per each additional twenty thousand (20,000) square feet in area.
SECTION 5. CODIFICATION.
Sections 1, 2, 3, and 4 of this ordinance shall be codified In the Danville
Municipal Code.
SECTION 6. 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.
PAGE 9 OF ORDINANCE NO. 2010-06
SECTION 7. 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 May 18, 2010 and approved and
adopted by the Danville Town Council at a regular meeting held on June 1, 2010,
by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Doyle, Andersen,
Stepper, Storer
None
None
Arnerich
~~~
CITY ATTORNEY
..
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. 2010-06 of said Town and
that said ordinance was published accord. g to law.
Dated: (p l;;b lIt)
I I
City Clerk of th
Town of Danville
PAGE 10 OF ORDINANCE NO. 2010-06
