HomeMy WebLinkAbout2014-05ORDINANCE NO. 2014-05
REPEALING SECTIONS 32 -24 THROUGH 32 -28 MULTIFAMILY RESIDENTIAL
DISTRICTS OF THE DANVILLE MUNICIPAL CODE AND ADOPTING NEW
SECTIONS 32 -24 THROUGH 32 -28 MULTIFAMILY RESIDENTIAL DISTRICTS
The Danville Town Council does ordain as follows:
SECTION 1. REPEALING THE EXISTING SECTIONS 32 -24 THROUGH 32 -28 OF
THE DANVILLE MUNICIPAL CODE.
The existing Sections 32 -24 through 32 -28 of the Danville Municipal Code are repealed
in its entirety.
SECTION 2. ADDING NEW SECTIONS 32 -24 THROUGH 32 -38 TO THE
DANVILLE MUNICIPAL CODE.
New Sections 32 -24 through 32 -28 are hereby added to the Danville Municipal Code to
read as follows:
Division 32 -24 - M -30 Multifamily Residential District.
32 -24.1 Purpose
32 -24.2 Definitions
32 -24.3 Allozi7ed Uses
32 -24.4 Conditional Uses - Uses Requiring a Land Use Permit and /or Development Plan
Permit
32 -24.5 Development Density
32 -24.6 Minimum Lot Area, Width and Depth
32 -24.7 Minimum Setback, and Maximum Height, Floor Area Ratio (FAR) Requirements for
a Multifamily Building
32 -24.8 Accessory Structures
32 -24.9 Off - Street Parking
32 -24.10 Open Space Areas
32 -24.11 Building Relationship
32 -24.12 Development Plans
32 -24.13 Land Use and Variance Permits
32 -24.1- Purpose.
The purpose of the M -30 Multifamily Residential District is to:
a. Create development standards appropriate for compact, high density,
multifamily residential development including apartments, townhouses, or
condominium living.
b. Assure that future development compliments Danville's existing small town
character and established quality of life.
C. Integrate new development in a manner that is visually and functionally
compatible with the physical character of the surrounding community.
d. Minimize the impacts of uses, protect residents from the harmful effects of
excessive noise, overcrowding, excessive traffic, insufficient parking and other
adverse environmental effects.
e. Ensure adequate provisions for sites, with reasonable access to public services,
for appropriate public and semipublic land uses, including care facilities, needed
to complement residential development or that require a residential
environment. At the same time, protect the relatively quiet, primarily
noncommercial, family atmosphere of neighborhoods.
f. Be consistent with the Danville General Plan Multifamily High Density (25 -30
dwelling units per acre) land use designation and to replace the previous M -29;
Multifamily Residential District.
32 -24.2 - Definitions.
Words and phrases as used in this section shall be as defined under Section 32 -22.2.
32 -24.3 - Allowed Uses.
a. Uses permitted in the M -30 District shall be as follows:
1. Multifamily buildings, but not including motels or hotels;
2. Horticulture and viticulture;
3. Raising or keeping of domestic animals, with a limit of three dogs and/or
three cats over the age of four months;
4. Publicly owned or privately owned parks and playgrounds;
5. A small family day care home, located in detached single family dwellings
only, where the small family day care home operates in addition to the
residential use of the property, not including the licensee or members of the
licensee's family or persons employed as facility staff;
6. Group Homes including Community Care Facilities and Residential Care
Facilities where six or fewer persons reside or receive care, consistent with
State law;
7. Intermediate Care Facilities where six or less persons reside or receive care,
consistent with State law;
8. Health Facilities where six or fewer persons reside or receive care,
consistent with State law;
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9. Transitional housing where no more than six persons reside, consistent with
State law;
10. Supportive housing where no more than six persons reside, consistent with
State law;
11. A cottage food operation, complying with Section 32- 22.5.a;
12. Home occupations, complying with Section 32- 22.5.b;
13. Personal property sales, complying with Section 32- 22.5.c;
14. Second dwelling units that have 1,000 square feet or less of conditioned
living space and comply with Section 32 -76 (Second Dwelling Unit
Ordinance);
15. Residential greenhouses, under 300 square feet;
32 -24.4 - Conditional Uses - 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:
1. Churches, religious institutions, and parochial and private schools,
including nursery schools;
2. Community buildings, clubs and activities of a quasi - public, social,
fraternal, or recreational character, such as golf, tennis, and swimming
clubs; veterans and fraternal organizations not organized for monetary
profit;
3. Child care centers;
4. Large family day care home where the large family day care home operates
in addition to the residential use of the property;
5. Bed and Breakfast;
6. Group Homes including Community Care Facilities and Residential Care
Facilities where seven or more persons reside or receive care, consistent
with State law;
7. Intermediate Care Facilities where seven or more persons reside or receive
care, consistent with State law';
8. Health Facilities where seven or more persons reside or receive care,
consistent with State law.
9. Transitional Housing where seven or more persons reside, consistent with
State law;
10. Supportive Housing where seven or more persons reside, consistent with
State law;
11. A second dwelling unit within the range of 1,001 to 2,000 square feet of
conditioned living space on parcels that are one acre or larger in size.
Additional design criteria are established under Section 32 -76 of this chapter
(Second Dwelling Unit Ordinance);
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12. Greenhouses (over three hundred (300) square feet) and nurseries for the
propagation of plants only and not including any retail sales of nursery
products;
13. 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-
22.9);
14. Private antennas, complying with Section 32- 24.8.d.2;
15. Wind mills erected for the production of electricity, complying with this
Section 32- 24.8.b.6;
16. Wireless communications facilities, complying with Section 32 -70;
17. The modification or expansion of a non - conforming use or structure;
18. Uses which the Planning Commission has found, after notice and hearing,
to be comparable to the above uses.
32 -24.5 - Development Density.
a. Maximum Unit Density. The maximum residential density allowed in this
district is 30 dwelling units per acre.
b. Minimum Unit Density. The minimum residential density allowed in this district
is 25 dwelling units per acre.
32 -24.6 - Minimum Lot Area, width and Depth.
a. Area. No building or other structure permitted in the M -30 district shall be
erected or placed on a lot containing less than 10,000 square feet of land in area.
b. Width. No lot width is required.
C. Depth. No lot depth is required.
32 -24.7 - Minimum Setback, and Maximum Height, Floor Area Ratio (FAR)
Requirements for a Multifamily Building.
a. Front yard. The minimum front yard setback shall be 25 feet.
b. Side yard. The minimum side yard setback shall be 20 feet.
C. Rear yard. The minimum rear yard setback shall be 20 feet.
d. Floor Area Ratio. The maximum Floor Area Ratio (FAR) shall be 80 percent.
e. Building Height. The maximum building height for any multifamily structure
is 37 feet.
32 -24.8 - Accessory Structures
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a. Setbacks. Accessory structures shall maintain the same setbacks as the primary
residence, except that garages or any other accessory building or structure may
have a minimum setback of 3 feet when located at least 50 feet back from the
front property line.
b. Setback Standards for specific types of accessory structures
1. Detached Structures, Detached Garages, Storage Sheds, and Cabanas.
If utilizing the reduced three foot side and rear property line setback, the
structure must meet the following requirements in consideration of impact to
neighboring properties:
a. If the eave overhang is greater than six inches in depth, the five foot
setback is measured from the exterior face of the eave, not the exterior
wall.
b. If the eave overhang is six inches or less in depth, the five foot setback
may be measured from the exterior wall.
2. Portable Storage Sheds.
Portable storage sheds are exempt from structure 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.
3. Decks.
a. Ground -level decks and platforms shall maintain three foot side and
rear yard setbacks.
b. Elevated decks and platforms shall maintain the setback requirements of
the applicable zoning district for the primary structure.
4. Attached Arbors and Patio Shade Structure.
a. Arbors and patio shade structures that are attached to or abut the
primary structure (within two feet), are open on at least three sides, and
are constructed without a solid roofing material, shall maintain a
minimum five foot side and rear yard setback, or the structure setback of
the primary structure, whichever is less.
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b. Arbors and patio shade structures that are attached to or abut the
primary structure (within two feet), have a solid roof material or are not
open on at least three sides shall meet the minimum required structure
setbacks of the primary structure.
c. Arbors and patio shade structures that are not attached to or abut the
primary residence (within two feet) shall maintain a minimum six foot
separation from the primary structure. Such structures shall comply
with the setback and height requirements for accessory structures.
5. Private antennas.
Private antennas shall be required to maintain the same minimum setback
requirements as the primary structure on the lot.
6. Windmills.
Windmills shall comply with accessory structure setback requirements but
shall maintain a minimum 10 foot side and rear yard setback.
7. Flag poles.
Flag poles shall maintain a minimum 10 foot front, side, and rear yard
setback.
8. Basketball Standards.
Basketball standards shall maintain a minimum 10 foot primary front,
secondary front, side, and rear yard setback. Permanently affixed basketball
standards are not allowed in the public right -of -way. Movable basketball
standards are allowed in the public- right -of way only when being used for
play, and when places in a location that does not interfere with normal
vehicular or pedestrian circulation or otherwise create a nuisance in the
neighborhood.
C. Height. Except as specified in this section, accessory structures shall have a
maximum height of 15 feet. Additionally, no part of any accessory structure shall
be greater than 12 feet in height within 10 feet of a side or rear property line.
d. Maximum height standards for specific types of accessory structures
1. Play structures.
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The maximum height of a play structure is limited to 10 feet, and no part of a
play structure shall be greater than 8 feet in height within 10 feet of a side or
rear property line.
2. Private antennas, ground mounted.
The maximum height of a ground mounted private antenna 'shall be 35 feet.
Private antennas shall have a non -shiny finish.
3. Flag poles.
Flag poles shall not exceed 25 feet in height.
4. Elevated deck or platform.
The horizontal plain of a deck or platform shall not exceed 10 feet in height, or
exceed 4 feet in height within 10 feet of a side or rear property line.
5. Hot tub, spa.
The highest point of a hot tub or spa shall not exceed 6 feet, or 4 feet in height if
within 10 feet of a side or rear property line.
6. Portable storage shed.
The highest point of a portable storage shed shall have a building height no
greater than eight feet as measured at the highest pitch of the roof.
7. Solar, ground mounted.
A ground mounted structure designed to hold solar panels shall not exceed 8
feet in height, or 4 feet in height within 10 feet of a side or rear property line.
32 -24.9 - Off - Street Parking.
a. Every multifamily dwelling unit shall have, on the same lot or parcel, off - street
automobile storage space as follows:
1. Studio dwelling unit, one (1) space; one bedroom dwelling unit, one and one-
half (11/2) spaces; two (2) or more bedroom units, two (2) spaces; plus
2. One - quarter (1/4) space per each dwelling unit for guest parking, which
may include available curb parking along the subject property's street
frontage, and fractional amounts of which shall be rounded out to the next
higher whole number of spaces.
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3. Each space shall have minimum dimensions of nine feet clear by nineteen (9'
x 19) feet surfaced area, and shall not be located within the side yard or
setback areas of the principal structure. One -half (1/2) of the required spaces
shall be covered.
32 -24.10 - Open Area.
Twenty -five percent of the area described by the development plan submitted pursuant
to subsection 32 -24.12 shall not be occupied by buildings, structures, or pavement.
Seventy -five percent of the twenty -five percent open area shall be planted and
maintained with landscaping.
32 -24.11 - Building Relationship.
Each building or structure shall be located at least 20 feet from each other building or
structure, except that garages and covered walkways between buildings or structures
may be permitted within this twenty 20 foot distance. A covered walkway shall not
exceed ten 10 feet in height, no more than 50 percent of the sides of the structures shall
be enclosed with any material other than that necessary for roof supports, and the
walkway shall not be more than ten 10 feet wide.
32 -24.12 - Development Plans.
a. No development is lawful in an M -30 district until a Development Plan application
has been submitted to and approved by the Town
b. All applications for development plan approval shall include drawings drawn to
scale indicating the following:
1. Topography;
2. A boundary survey of the site;
3. All existing and proposed structures, the height of each structure, and the
number of dwelling units in each structure;
4. Planting and landscape area;
5. Automobile parking areas;
6. Vehicular and pedestrian ways with grades, widths, and type of proposed
improvements;
7. Access points providing ingress to and egress from the side;
8. Existing and proposed utilities;
9. Recreation facilities if any;
10. Surface drainage conditions and outlets;
11. Building elevations including architectural type, including all drawing and
details listed within the Town's Design Review Board Submittal Requirement
Checklist;
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12. Amount of studio, one (1) bedroom, two (2) bedroom, or other size apartment
units;
13. Additional information as may be required by the Planning Division.
C. Review. Development Plan applications proposing new multifamily dwelling
units shall be subject to review by the Danville Planning Commission during a
noticed public hearing. The approval of Development Plan applications involving
accessory structures which are consistent with all development standards may be
approved administratively by the Planning Division, but may be referred to the
Planning Commission at the discretion of the Chief of Planning.
d. Rezoning to M -30 District. An applicant for rezoning to an M -30 district may
submit simultaneously and in combination with an application for approval of a
Development Plan for a property.
32 -24.13 - Land Use and Variance Permits.
Land Use Permits for the conditional land uses listed in Section 32 -24 -4 and Variance
permits to modify the provisions contained in subsections 32 -24.6 through 32 -24.11 may
be granted in accordance with Sections 2 -7 and 32 -3.
32 -25 - M -25 MULTIFAMILY RESIDENTIAL DISTRICT.
32 -25.1 Purpose
32 -25.2 Development Standards
32 -25.1- Purpose.
The purpose of the M -25 Multifamily Residential District is to:
a. Create development standards appropriate for compact, high density and
High /Medium density, multifamily residential development including
apartments, townhouses, or condominiums living.
b. Assure that future development compliments Danville's existing small town
character and established quality of life.
C. Integrate new development in a manner that is visually and functionally
compatible with the physical character of the surrounding community.
d. Minimize the impacts of uses, protect residents from the harmful effects of
excessive noise, overcrowding, excessive traffic, insufficient parking and other
adverse environmental effects.
e. Ensure adequate provisions for sites, with reasonable access to public services,
for appropriate public and semipublic land uses, including care facilities, needed
to complement residential development or that require a residential
MULTIFAMILY ORDINANCES PAGE 9 OF ORDINANCE NO. 2014-05
environment. At the same time, protect the relatively quiet, primarily
noncommercial, family atmosphere of neighborhoods.
f. Be consistent with the Danville General Plan Multifamily High Density (25 -30
units per acre) and the Multifamily High/ Medium Density (20 -25 dwelling units
per acre) land use designations.
32 -25.2 - Development Standards.
a. Conform to M -30 District Except as specified, the M -25 District shall comply
with all of the provisions established under the M -30 Multifamily District.
b. Differences from the M -30 District. The following items for M -25 district are
different from those for M -30 district:
1. Maximum Unit Density. The maximum residential density allowed in this
district is 25 dwelling units per acre.
2. Minimum Unit Density. The minimum residential density allowed in this
district is 20 dwelling units per acre.
3. Maximum Height. The maximum building height for any multifamily
structure is 35 feet.
Division 32 -26 - M -20 MULTIFAMILY RESIDENTIAL DISTRICT.
32 -26.1 Purpose
32 -26.2 Development Standards
32 -26.1- Purpose.
a. Create development standards appropriate for compact, high /medium density
and low/ medium density multifamily and single family residential development
including apartments, townhouses, condominiums, and single family living.
b. Assure that future development compliments Danville's existing small town
character and established quality of life.
C. Integrate new development in a manner that is visually and functionally
compatible with the physical character of the surrounding community.
d. Minimize the impacts of uses, protect residents from the harmful effects of
excessive noise, overcrowding, excessive traffic, insufficient parking and other
adverse environmental effects.
e. Ensure adequate provisions for sites, with reasonable access to public services,
for appropriate public and semipublic land uses, including care facilities, needed
to complement residential development or that require a residential
environment. At the same time, protect the relatively quiet, primarily
noncommercial, family atmosphere of neighborhoods.
f.- Be consistent with the Danville General Plan Multifamily High/ Medium Density
(20 -25 units per acre) and the Multifamily Low / Medium Density (13 -20 dwelling
MULTIFAMILY ORDINANCES PAGE 10 OF ORDINANCE NO. 2014-05
units per acre) land use designation and to replace the previous M -17;
Multifamily Residential District.
32 -26.2 - Development Standards.
a. Conform to M -30 District Except as specified, the M -20 District shall comply
with all of the provisions established under the M -30 Multifamily District.
b. Differences From M -30 District. The following items for the M -20 district are
different from those for M -30 districts:
1. Maximum Unit Density. The maximum residential density allowed in this
district is 20 dwelling units per acre.
2. Minimum Unit Density. The minimum residential density allowed in this
district is 13 dwelling units per acre.
3. Maximum Height. The maximum height of any multifamily structure is
two and one -half stories or 35 feet, whichever is less.
Division 32 -27 - M -13 MULTIFAMILY RESIDENTIAL DISTRICT.
32 -27.1 Purpose
32 -27.2 Development Standards
32 -27.1- Purpose.
a. Create development standards appropriate for compact, low /medium density
and low density multifamily or single family residential development including
apartments, townhouses, condominiums, and single family living.
b. Assure that future development compliments Danville's existing small town
character and established quality of life.
C. Integrate new development in a manner that is visually and functionally
compatible with the physical character of the surrounding community.
d. Minimize the impacts of uses, protect residents from the harmful effects of
excessive noise, overcrowding, excessive traffic, insufficient parking and other
adverse environmental effects.
e. Ensure adequate provisions for sites, with reasonable access to public services,
for appropriate public and semipublic land uses, including care facilities, needed
to complement residential development or that require a residential
environment. At the same time, protect the relatively quiet, primarily
noncommercial, family atmosphere of neighborhoods.
f. Be consistent with the Danville General Plan Multifamily Low/ Medium Density
(13 -20 dwelling units per acre) and the Multifamily Low Density (8 -13 dwelling
units per acre) land use designations and to replace the previous M -12;
Multifamily Residential District.
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32 -27.2 - Development Standards.
a. Conform to M -30 District Except as specified, the M -13 District shall comply
with all of the provisions established under the M -30 Multifamily District.
b. Differences From M -30 District. The following items for the M -13 district are
different from those for M -30 district:
1. Maximum Unit Density. The maximum residential density allowed in this
district is 13 dwelling units per acre.
2. Minimum Unit Density. The minimum residential density allowed in this
district is 8 dwelling units per acre.
3. Floor Area Ratio (FAR). The Maximum FAR for development within the
M -13 District shall be 65 percent.
4. Area. No building or other structure permitted in the M -13 district shall
be erected or placed on a lot containing less than 8,000 square feet of land
in area.
5. Maximum Height The maximum height of any multifamily structure is
two and one -half stories or 35 feet, whichever is less.
32 -28 - M -8 MULTIFAMILY RESIDENTIAL DISTRICT.
32 -28.1 Purpose
32 -28.2 Development Standards
32 -28.1- Purpose.
a.
b.
C.
d.
e.
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Create development standards appropriate for compact, low/ medium density
and low density multifamily or single family residential development including
apartments, townhouses, condominiums, and single family living.
Assure that future development compliments Danville's existing small town
character and established quality of life.
Integrate new development in a manner that is visually and functionally
compatible with the physical character of the surrounding community.
Minimize the impacts of uses, protect residents from the harmful effects of
excessive noise, overcrowding, excessive traffic, insufficient parking and other
adverse environmental effects.
Ensure adequate provisions for sites, with reasonable access to public services,
for appropriate public and semipublic land uses, including care facilities, needed
to complement residential development or that require a residential
environment. At the same time, protect the relatively quiet, primarily
noncommercial, family atmosphere of neighborhoods.
Be consistent with the Danville General Plan Multifamily Low Density (8 -13
dwelling units per acre) land use designation and to replace the previous M -6;
Multifamily Residential District.
MULTIFAMILY ORDINANCES PAGE 12 OF ORDINANCE NO. 2014-05
32 -28.2 - Development Standards.
a. Conform to M -30 District Except as specified, the M -8 District shall comply with
all of the provisions established under the M -30 Multifamily District.
b. Differences From M -30 District. The following items for the M -8 district are
different from those for M -30 district:
1. Maximum Unit Density. The maximum residential density allowed in this
district is 8 dwelling units per acre.
2. Minimum Unit Density. The minimum residential density allowed in this district
is 4 dwelling units per acre.
3. Floor Area Ratio (FAR). The Maximum FAR for development within the
M -8 District shall be 50 percent.
4. Area. No building or other structure permitted in the M -8 District shall be
erected or placed on a lot containing less than 6,000 square feet of land in
area.
5. Maximum Height The maximum height of any multifamily structure is
two and one -half stories or 35 feet, whichever is less.
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.
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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
_. A
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APPROVED AS TO FORM:
CITY ATTORNEY
ATTEST:
CITY CL
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 -05 of said Town and that said
ordinance was published according to law.
City Clerk of
Town of Danv
MULTIFAMILY ORDINANCES PAGE 14 OF ORDINANCE NO. 2014-05