HomeMy WebLinkAbout2014-04ORDINANCE NO. 2014-04
REPEALING SECTION 32 -23 - D -1 TWO FAMILY DISTRICT OF THE DANVILLE
MUNICIPAL CODE AND ADOPTING A NEW SECTION 32 -23
- D -1 TWO FAMILY DISTRICT
The Danville Town Council does ordain as follows:
SECTION 1. REPEALING THE EXISTING SECTION 32 -23 OF THE DANVILLE
MUNICIPAL CODE.
The existing Section 32 -23 of the Danville Municipal Code is repealed in its entirety.
SECTION 2. ADDING A NEW SECTION 32 -23 TO THE DANVILLE MUNICIPAL
CODE.
A new Section 32 -23 is hereby added to the Danville Municipal Code to read as follows:
32 -23 - D -1 TWO FAMILY DISTRICT.
32.23.1 Definitions
32 -23.2 Allozoed Uses
32 -23.3 Conditional Uses - Uses Requiring a Land Use Permit and /or Development Plan
32 -23.4 Minimum Lot Area, Width and Depth
32 -23.5 Minimum Setback Requirements for a Primary Structure
32 -23.6 Maximum Building Height for a Primary Structure
32 -23.7 Minimum setbacks for Accessory Structures
32 -23.8 Maximum Height for Accessory Structures
32 -23.9 Fencing and Retaining Walls
32 -23.10 Additional Development Standards
32- 23.11 Off- Street Parking
32 -23.12 Granting of Land Use and Variance Permits
32.23.1 - Definitions.
Words and phrases as used in this section shall be as defined under Section 32 -22.2.
32.23.2 - Allowed Uses.
The following uses are allowed within the D -1 Two Family District:
a. All the uses designated for the R -6 district in Section 32 -22.3;
b. A detached two family dwelling (duplex) on each lot and uses normally auxiliary
thereto.
32.23.3 - Conditional Uses - Uses Requiring a Land Use Permit and/or Development
Plan.
The following uses are allowed within the D -1 Two Family District upon the issuance of
a land use permit and/or development plan permit:
a. All the uses designated for the R -6 district in Section 32 -22.4.
32.23.4 - Minimum Lot Area, Width and Depth.
a. Area of Lot. No two family dwelling or other structure permitted in the D -1
district shall be erected or placed on a lot smaller than eight thousand (8,000)
square feet in area.
b. Width of Lot. Lot width provisions for the D -1 district shall be the same as those
for the R -10 district (Section 32- 22.6.b).
C. Depth of Lot. Lot depth provisions for the D -1 district shall be the same as those
for the R -6 district (Section 32- 22.6.c).
32.23.5 - Minimum Setback Requirements for a Primary Structure.
a. Side Yard. Side yard provisions for the D -1 district shall be the same as those for
the R -10 district (Section 32- 22.7).
b. Front Yard Setback. Setback (front yard) provisions for the D -1 district shall be the
same as those for the R -6 district (Section 32- 22.7).
C. Rear Yard. Rear yard provisions for the D -1 district shall be the same as those for
the R -6 district (Section 32- 22.7).
32.23.6 - Maximum Building Height for a Primary Structure.
Building height provisions for a primary structure within the D -1 district shall be the
same as those for the R -6 district (Section 32- 22.8.).
32.23.7 - Minimum Setbacks for Accessory Structures.
Minimum setbacks for an accessory within the D -1 district shall be the same as those for
the R -6 district (Sections 32- 22.9).
32.23.8 - Maximum Height for Accessory Structures.
Maximum height for an accessory structure in the D -1 district shall be the same as those
for the R -6 district (Section 32- 22.10).
D -1 TWO FAMILY ORDINANCE PAGE 2 OF ORDINANCE NO. 2014-04
32 -23.9 Fencing and Retaining Walls.
Design and setback criteria for fencing and retaining walls shall be as specified under
Section 32- 22.11.
32 -23.10 Additional Development Standards.
Additional Development Standards shall be as specified under Section 32.22.12.
32- 23.11- Off - Street Parking.
a. Minimum On -Site Parking Requirement
Each 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 width of 24 feet and
be served by a minimum five foot depth back -out area located beyond the interior
side wall of the garage to facilitate vehicle back -out maneuvers.
32 -23.12 - Granting of Land Use or Variance Permits.
Land Use Permits for the conditional uses listed in subsection 32 -23.3 and Variance
permits to modify the provisions in subsections 32 -23.4 through 32- 23.11, may be
granted in accordance with Section 32 -3 of the Danville Municipal Code.
SECTION 3. CODIFICATION. Section 2 of this ordinance shall be codified in the
Danville Municipal Code.
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 (5) days before its adoption and once within 15 (fifteen) days after adoption.
This ordinance shall become effective 30 days after adoption.
SECTION 5. 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.
D -1 TWO FAMILY ORDINANCE PAGE 3 OF ORDINANCE NO. 2014-04
The foregoing ordinance was introduced on September 16, 2014 and approved and
adopted by the Danville Town Council at a regular meeting held on October 7, 2014, by
the following vote:
AYES: Storer, Doyle, Arnerich, Morgan, Stepper
NOES: None
ABSTAIN: None
ABSENT: None
APPROVED AS TO FORM:
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. 2014 -04 of said Town and that said
ordinance was published according to law.
Dated:
City Clerk of
Town of Danv
D -1 TWO FAMILY ORDINANCE PAGE 4 OF ORDINANCE NO. 2014-04