HomeMy WebLinkAbout2015-07ORDINANCE NO. 2015-07
REPEALING SECTION 32-2 - DEFINITIONS OF THE DANVILLE MUNICIPAL
CODE AND ADOPTING A NEW SECTION 32-2 - DEFINITIONS
The Danville Town Council does ordain as follows:
SECTION 1. REPEALING THE EXISTING SECTION 32-2 OF THE DANVILLE
MUNICIPAL CODE.
The existing Section 32-2 of the Danville Municipal Code is repeal in its entirety.
SECTION 2. ADDING A NEW SECTION 32-2 TO THE DANVILLE MUNICIPAL
CODE.
A new Section 32-2 is hereby added to the Danville Municipal Code to read as follows:
32-2 ARTICLE II - DEFINITIONS
32-2.1 Construction and Use of Tenses
32-2.2 Additional Definitions
32-2.3 Words and Phrases Defined
32-2.1 Construction and Use of Tenses.
a. The definitions in this section govern the construction of this chapter, unless
the context otherwise requires.
b. Unless the natural construction of the word indicates otherwise, the present
tense includes the future and the plural number the singular.
(Ord. #2006-06, § 1)
32-2.2 Additional Definitions.
Additional definitions related to specific zoning districts or regulations can be found in
the following subsections: 32-22.2 - Single Family Residential Districts; 32-45.2 -
Downtown Business District; 32-69.2 - Scenic Hillside and Major Ridgeline Development;
32-70.3 - Wireless Communication Facilities; 32-72.2 - Historic Preservation; 32-73.4 -
Inclusionary Housing; 32-74 - Density Bonus; 32-76.2 - Second Dwelling Units; 32-93.2 -
Dry Cleaning Plants; 32-94.1 - Medical Marijuana Dispensaries; 32-98.3 - Sign and
Outdoor Advertising; 32-106.2 - Adult Entertainment Businesses; 32-115.2 - Land
Dedicated for School Purposes; 32-117.4 - Flood Damage Prevention; 32-126.2 - Child
Care Facilities; 32-130.3 - Satellite Antennas and Microwave Equipment.
32-2.3 Words and Phrases Defined.
As used in this chapter
Abut or abutting shall mean having property lines, street lines, building lines, and/or
zoning boundaries in common.
Accessory structure shall mean a structure that is physically detached from, secondary and
incidental to, and commonly associated with a primary structure on the same parcel.
Accessory structures include garages, car ports, greenhouses, gazebos, sheds, arbors,
pergolas, cabanas, pools, spas, play structures, and similar structures. A Second Dwelling
Unit as described in Section 32-76, fences, and retaining walls shall not be considered
accessory structures for purposes of this chapter.
Accessory use shall mean a use customarily incidental to, related but clearly subordinate
to a primary use on the same parcel.
Affordable units. Living units that are required to be rented at affordable rents or available
at affordable housing costs to specified households.
Agriculture shall mean the tilling of soil, the raising 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 room or a group of related rooms, among similar sets in one
(1) building, 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, and usually leased as a dwelling.
Aviary shall mean a coop, pen, cage, or other similar enclosure, used to house one (1) or
more birds other than poultry.
Basement shall mean any area of a building which is wholly or partially below ground
level. If not wholly below ground, the ceiling of the basement area cannot be located more
than six (6) feet above the adjacent finished grade.
Bed and Breakfast shall mean a small lodging establishment that offers overnight
accommodations and breakfast with no more than five (5) rooms available for
commercial use.
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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 height shall mean the vertical distance between the average of the highest and
lowest pad elevation within the footprint of the structure (measured at natural grade or
finished grade, whichever is lower) to the highest point of the structure. Architectural
projections such as spires, weather vanes, and chimneys may extend an additional three
(3) feet above the applicable height limit. For building height in a scenic hillside or major
ridgeline area, see Section 32-69.
Cabana shall mean a structure, typically constructed for use in conjunction with the use
of a swimming pool and/or a spa, that provides shade, may be used as a dressing room,
may include bathroom facilities (i.e., toilet, sink, bathtub and/or shower facilities) and
may include partial kitchen amenities (i.e., refrigerator, sink, dishwasher, but no stove or
oven).
Business offices shall mean businesses such as, but not limited to the following:
a. Advertising agencies;
b. Answering services;
c. Corporate headquarters;
d. Employment agencies;
e. Insurance;
f. Investment brokers or representatives;
g. Laboratories;
h. Newspapers;
i. Photographers, artists, etc.;
j. Public relations; and
k. Administrative services.
1. Entrepreneurs
Cemetery shall mean land which is used or dedicated for any one (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.
Child care center shall mean a commercial facility established for the caring for and
supervision of fifteen (15) or more children. A child care center includes the care of
children of all ages, including pre-school, nursery school, and day care.
Conditioned space shall be defined as an area or room that is being heated or cooled for
human habitation.
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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.
Day Care Home, Large Family or Large Family Day Care Home shall mean an in-home child
care operation that provides care for between nine (9) and fourteen (14) children and is
in compliance with Section 1574.65 of the California Health and Safety Code.
Day Care Home, Small Family or Small Family Day Care Home shall mean an in-home child
care operation providing care for a maximum of eight (8) children and is in conformance
with Section 1597.44 of the California Health and Safety Code.
District shall mean a portion of the Town of Danville ("Town") 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, development standards and maximum heights are
established for land, buildings and structures, under the regulations of this chapter.
Dry cleaning plants shall mean the physical part of a dry cleaning business which involves
the use of chemicals to process and clean clothing, draperies and other textile products.
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 an individual or collective body of persons in a domestic relationship
whose members are an interactive group of persons jointly occupying a single dwelling
unit, including the joint use of and responsibility for common areas, sharing household
activities and responsibilities such as meals, chores, household maintenance and
expenses. If the unit is rented, this means that all adult residents have chosen to jointly
occupy the entire premises of the dwelling unit, under a single written lease for the entire
dwelling, with joint use and responsibility for the premises, and the makeup of the
household occupying the unit is determined by the residents of the unit rather than the
landlord or property manager.
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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.
Fence shall mean a constructed barrier of wood, metal, masonry, or other material that is
intended to enclose, separate, define, secure, protect, and/or screen one (1) or more areas
of a site, including open wire fencing, decorative metal or wrought iron, chain link fence,
or safety fencing.
Flag Lot shall mean a lot with a fee ownership strip extending from a vehicular right-of-
way or access easement to the buildable area of the lot.
Frontage, primary or primary frontage or front shall generally mean the side of a lot which
abuts a road, street, highway, right-of-way, or vehicular access easement towards which
the front of the primary residence is oriented and/or where the primary residence's
driveway is located between the street and the garage.
Frontage, secondary or secondary frontage or front shall generally mean the side of a lot which
abuts two (2) or more roads, streets, highways, right-of-ways, or vehicular access
easements which is not determined to be the primary frontage as defined herein.
Garage, private or Private garage shall mean a structure, or portion thereof, in which only
private or pleasure -type motor vehicles used by the owners or resident tenants of the site
are stored or kept.
Heritage resource means a structure, site, improvement or natural feature that has been
designated for heritage preservation pursuant to Section 32-72.6.
Heritage tree means any single trunked tree in Town, regardless of species, which has a
trunk diameter of thirty-six (36) inches or greater measured four and one-half (4-1/2) feet
above the ground.
Home occupation shall mean the narrow range of commercial or professional activities,
conducted as incidental and accessory uses to the residential use of a property (see
Section 32-22.5.b for development standards).
Horticulture shall mean the science of agriculture involving the skill or occupation of
cultivating plants, especially flowers, fruit, and vegetables, in gardens or greenhouses.
Horticulture involves working small plots of land with the aid of only simple gardening
tools.
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,
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services, or other compensation. Excepted are Group Homes, Community Care Facilities,
and Transitional or Supportive housing as may be allowed or conditionally allowed
under this chapter.
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.
Livestock shall mean domestic hoofed animals such as horses, donkeys and mules or
domestic cattle, goats, sheep, llamas, or swine.
Lot shall mean an area of land occupied by, or to be occupied by, a building or buildings
and structures accessory thereto, together with such open and yard spaces as are required
by this chapter in computing the area of a lot, those portions lying within the boundaries
of an existing or proposed public or private road, street, State highway, right-of-way, or
easement owned, dedicated or used for purposes of vehicular access to the lot shall not
be included in order to satisfy minimum area, yard or dimensional requirements.
Lot, average width or Average lot width is the total area of the lot divided by the depth of
the lot.
Lot depth or Depth of a lot shall mean the distance perpendicular to the frontage to the point
of the lot farthest from the frontage.
Lot, double frontage or double frontage lot shall mean a lot with a vehicular right-of-way or
vehicular access easement along two (2) non-contiguous property lines.
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 single building or structure containing multiple
dwellings, including townhouses, condominiums, and apartments.
Nonconforming structure shall mean a structure that was legally established and
maintained that does not conform to this chapter for the district in which it is situated,
and does not comply with the current setback, height limit, and/or other applicable
requirements of this chapter.
Nonconforming use shall mean a use of land and/or a structure (either conforming or
nonconforming) that was legally established and maintained that does not conform to
this chapter for the district in which it is situated.
Nonconforming use, legal shall mean a use that does not conform to these regulations which
was in existence prior to adoption of this chapter.
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Personal service uses shall mean businesses providing services such as, but not limited to
beauty shops, barbers, and nail salons. Personal service uses are those which provide on-
site service to customers as their primary activity and which are compatible with the
immediate area.
Primary use shall mean the main purpose for which a site is developed and occupied,
including the activities that are conducted on the site a majority of the hours during which
activities occur.
Professional offices shall be such as those pertaining to, but not limited to, the practice of
law, architecture, dentistry, medicine, engineering, accounting, administrative,
executive, editorial, and consulting.
Protected tree means a tree of a specific species or size, as described under Section 32-79,
which cannot be disfigured, damaged, or removed within the Town of Danville without
obtaining a Tree Removal Permit from the Town.
Public uses shall mean uses such as, but not limited to, meeting rooms, theaters,
auditoriums, libraries, etc.
Retail uses shall mean businesses selling items, or providing services such as, but not
limited to the following:
a. Accessories;
b. Antiques/ clocks;
c. Appliances;
d. Arts/ crafts;
e. Bakery/candy/creamery;
f. Books;
g. Clothing/ shoes;
h. Copying/ duplicating/ printing;
i. Drug stores;
j. Dry goods;
k. Florist;
1. Food market/ delicatessens;
m. Furniture/floor coverings;
n. Gifts;
o. Hardware;
p. Hobby items/ toys;
q. Interior decorator with goods;
r. jewelry;
s. Linens;
t. Liquor/tobacco;
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u. Luggage;
V. Music;
w. Newsstand/ office supply and machines, stationary/ cards;
x. Optical goods and service;
y. Paint/ wallpaper;
z. Pets;
aa. Photo supply/photo processing;
ab. Picture framing/ art gallery/ artist supply;
ac. Portrait studios;
ad. Post office/parcel service;
ae. Saddlery;
af. Shoe/ garment repair with goods;
ag. Sporting goods/bicycles;
ah. Stamps/coins;
ai. TV/ radio; and
aj. Travel agencies.
Second dimlling unit shall mean a dwelling unit, attached or detached to the primary
dwelling, which provides complete independent living facilities with accommodations
for a kitchen, living, sleeping, eating, and bathroom on the same parcel as a primary
structure on a residentially zoned site. Second dwelling units shall be consistent with the
requirements of Section 32-76.
Service commercial shall mean uses that provide on-site service to customers as their
primary activity and which are compatible with the immediate area. Business activities
included in this category shall mean, but are not limited to, the following:
a. Business or professional, schools;
b. Cultural improvement schools such as, but not limited to, music, dance and martial
arts;
c. Health/fitness club; and
d. Places of cultural entertainment including museums, libraries and theaters.
Service office uses shall mean businesses such as, but not limited to, the following:
a. Escrow/ title/ notary public;
b. Financial institutions/banks/savings and loan;
c. Investment brokers/ mortgage brokers;
d. Public utilities; and
e. Real estate.
Sight distance triangle shall mean the triangular area bounded by the right-of-way lines
(public or private) which approach a corner and a diagonal line joining points on the
right-of-way lines twenty-five (25) feet back from the point of their intersection, or in the
case of rounded corners, the triangular area between the tangents to the curve of the right -
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of -way line and a diagonal line joining points on the tangents twenty-five (25) feet back
from the point of their intersection. The tangents referred to are those at the beginning
and at the end of the curve of the right-of-way line at the corner.
Sign shall be broadly construed to include an advertisement, name, figure, character,
delineation, announcement, advertising structure, device, symbol or logo and any other
thing of a similar nature designed to identify a person, business, commodity or service or
otherwise attract attention. A "sign" shall include outdoor advertising displays, such as a
street clock, barbershop pole or similar device used to identify a particular type of
business activity. A "sign" shall not include a display of merchandise which is available
for sale on the premises, nor shall it include a sign maintained entirely within a building
which is more than three (3') feet behind a window in the building.
Single family residence shall mean a room or group of permanently affixed internally
connected rooms that do not share any walls in common with another dwelling unit, and
includes sleeping, eating, and sanitation facilities. This definition includes factory -built,
modular housing units, constructed in compliance with the Uniform Building Code, and
manufactured housing units that comply with the National Manufactured Housing
Construction and Safety Standards Act of 1974, placed on permanent foundations.
Attached single family residences, including condominiums, townhouses, and row
houses are included under the definition of "multifamily dwelling." A detached single
family residence may include a second dwelling unit which is in conformance with
Section 32.76.
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 the ground adjacent to the building for more than fifty
percent (50%) of the total perimeter, such basement, cellar or unused under -floor space
shall be considered a story not a basement.
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.
Storage shed, portable or portable storage shed shall mean those structures that are
freestanding and moveable, have no permanent foundation, are less than one hundred
twenty (120) square feet in area, and have a building height no greater than eight (8) feet
as measured at the highest pitch of the roof, and contain no plumbing or electrical
installations.
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Structure shall mean anything constructed or erected on and attached to land, except: (1)
fences with a maximum height of six (6) feet, or retaining walls with a maximum height
of three (3) feet or any combination thereof not over six (6) feet high; (2) sidewalks, at
grade patios or other flat work, gateways, pipes, meters, meter boxes, manholes, and
mailboxes; and (3) 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.
Viticulture shall mean the science, art, or process of cultivating grapevines and the
growing of grapes.
Wireless communication facility means an unstaffed facility, generally consisting of
antennas, an equipment cabinet or structure, and related equipment, which receives
and/or transmits radio frequency signals.
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. 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. 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 November 3, 2015 and approved and
adopted by the Danville Town Council at a regular meeting held on November 17, 2015
by the following vote:
AYES: Doyle, Stepper, Arnerich, Morgan, Storer
NOES: None
ABSTAIN: None
ABSENT: None
APP OVED AS1 TO FO ATTEST:
CITY ATTORNEY 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. 2015-07 of said Town and that said
ordinance was published according to law.
Dated: I I I I q( 1 1-50- ""--c
City Clerk of the
Town of Danville
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