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Home My WebLink About2015-08REPEALING SECTIONS 32-3 THROUGH 32-11 AND SECTION 32-13 - LAND USE REQUIREMENTS OF THE DANVILLE MUNICIPAL CODE AND MOVING SECTION 32-12 - REASONABLE ACCOMMODATION TO A NEW SECTION 32-71 AND ADOPTING A NEW SECTION 32-3 - PLANNING APPLICATIONS The Danville Town Council does ordain as follows: SECTION 1. REPEALING THE EXISTING SECTION 32-3 THROUGH 32-11 AND SECTION 32-13 OF THE DANVILLE MUNICIPAL CODE AND MOVING SECTION 32-12 TO A NEW SECTION 32-71. The existing Section 32-3 through 32-11 and Section 32-13 of the Danville Municipal Code are repealed and Section 32-12 is moved to a new Section 32-71. SECTION 2. ADDING A NEW SECTION 32-3 TO THE DANVILLE MUNICPAL C ODF._ A new Section 32-3 is hereby added to the Danville Municipal Code to read as follows: 32-3 ARTICLE III - PLANNING APPLICATIONS 32-3.1 Purpose 32-3.2 Planning Applications Required 32-3.3 Development Plan 32-3.4 General Plan Amendment 32-3.5 Land Use Permit 32-3.6 Major Subdivision 32-3.7 Minor Subdivision 32-3.8 Planned Unit Development 32-3.9 Rezoning 32-3.10 Sign Revieza 32-3.11 Tree Removal 32-3.12 Variance 32-3.13 Zoning Text Amendment 32-3.1 Purpose. The purpose of this section is to define activities which require approval of a planning application and to provide for standards of review. 32-3.2 Planning Applications Required. All planning applications shall be submitted to the Planning Division. Any application can be submitted concurrently with other applicable planning applications. The decision making authority and review process for each type of planning application is specified under Article IV. 32.3-3 Development Plan. Approval of a Development Plan application is required prior to the issuance of a building permit or grading permit as follows: a. Downtown Development Plan: No development is permitted within the Downtown Business District unless a Development Plan application has been approved by the Town, as detailed within Section 32-45 - Downtown Business District. b. Scenic Hillside and Major Ridgeline Development Plan: No development is permitted within a Town -identified Scenic Hillside or Major Ridgeline area unless a Development Plan application has been approved by the Town, as detailed within Section 32-69 - Scenic Hillside and Major Ridgeline Development. Town -identified Scenic Hillside and Major Ridgeline areas are depicted on Figure 10 within the Danville 2030 General Plan. C. Historic Development Plan: No development or modification to an identified historic resource is permitted unless a Development Plan application has been approved by the Town, as detailed within Section 32- 72 - Historic Preservation. Development shall also be subject to the design standards contained within the Town's Design Guidelines for Heritage Resources. d. Second Dwelling Unit Development Plan: No second dwelling unit greater than 1,000 square feet in size, or requiring approval of a variance or exception, is permitted unless a Development Plan application has been approved by the Town, as detailed within Section 32-76 - Second Dwelling Units. e. Commercial Development Plan: No new building, building addition, exterior remodel, repainting including a change in paint colors where the paint colors were previously approved through a Development Plan review process, or significant modifications to landscaping or hardscapes is PAGE 2 OF ORDINANCE NO. 2015-08 allowed within any commercial, industrial, or office district without the approval of a Development Plan application. f. Residential Development Plan: A residential Development Plan application may be required prior to construction of any residential unit on a lot created as a result of the Town's approval of a new residential subdivision, as may be specified as part of the conditions of approval for individual subdivision approvals. g. Preliminary Development Plan and Final Development Plan: Approval of a Preliminary Development Plan and Final Development Plan application is required in conjunction with a P-1; Planned Unit Development rezoning and development, as detailed within Section 32-63 - P-1 Planned Unit District. 32-3.4 General Plan Amendment. Approval of General Plan Amendment application is required to allow for any modification to the text or any figure contained within the Danville General Plan. An application for a General Plan Amendment shall include a completed application form, a description of the justification for the request, and any other information found to be necessary by the Town to allow for the thorough review of the merits of application. 32-3.5 Land Use Permit. Approval of a Land Use Permit is required prior to the establishment of any use of land listed as a conditional use, or those found to be comparable to those listed as a conditional use, within any zoning district, as established under this chapter. A Land Use Permit may also be required in order to regulate certain operational characteristics of an allowed land use, such as parking demand, as may be found to be necessary to assure that the land use complies with all applicable development standards, or to allow the re-establishment, modification, or expansion of a non -conforming use. In order to approve a Land Use Permit application, the following findings of fact must be made: a. The proposed land use shall not be detrimental to the health, safety and general welfare of the Town; b. The proposed land use shall not adversely affect the orderly development of property within the Town; C. The proposed land use shall not adversely affect the preservation of property values and the protection of the tax base within the Town; PAGE 3 OF ORDINANCE NO. 2015-08 d. The proposed land use shall not adversely affect the policy and goals as set by the General Plan; e. The proposed land use shall not create a nuisance and/or enforcement problem within the neighborhood or community; f. The proposed land use shall not encourage marginal development within the neighborhood; 32-3.6 Major Subdivision. Approval of a Major Subdivision application is required prior to the subdivision of any parcel(s) of land into five or more lots and/or parcels, as established under Chapter XXXI. Minimum development standards for the creation of new lots and/or parcels are established under this Article VI. 32-3.7 Minor Subdivision. Approval of a Minor Subdivision application is required prior to the subdivision of any parcel(s) of land into four or fewer lots and/or parcels, as established under Chapter XXXI. Minimum development standards for the creation of new lots and/or parcels are established under Article VI. 32-3.8 Planned Unit Development. Approval of a Preliminary Development Plan - Rezoning application is required prior to rezoning any parcel(s) of land to a P-1; Planned Unit Development zoning district, as established under Section 32-63. Any P-1; Planned Unit Development zoning district must be consistent with the zoning districts and land uses allowed under the Danville General Plan. 32-3.9 Rezoning. Approval of a Rezoning application is required prior to rezoning any parcel(s) of land to a new zoning district. Any rezoning must be consistent with the zoning districts and land uses allowed under the Danville General Plan, and must be found to be compatible with adjacent zoning districts and uses in adjacent zoning districts. An application for a rezoning shall include the completion of an application form, a map description of the subject property, the names of adjoining streets and property owners, the zoning and General Plan designation of subject and adjoining property, the General Plan and zoning history of subject property, a description of the justification for the request and any other information found to be necessary by the Town to allow for the thorough review of the PAGE 4 OF ORDINANCE NO. 2015-08 merits of application. Before approving a rezoning application, the decision making authority shall make the following findings: a. The change proposed will substantially comply with the General Plan; b. The uses authorized or proposed in the land use district are compatible within the district and to uses authorized in adjacent districts; C. Community need has been demonstrated for the use proposed, but this does not require demonstration of future financial success. 32-3.10 Sign Review. Approval of a Sign Review application is required prior to the placement of any permanent identification signage for any business in Town. Allowable sign types, standards, and requirements are detailed under Section 32-98 - Sign Control. Temporary signage, as detailed under Section 32-98, does not require approval of a Sign Review application, but does require approval of a temporary sign permit. Business identification signage is not allowed for a business operating as a home occupation within a residential zoning district. 32-3.11 Tree Removal. Approval of a Tree Removal application is required prior to removal of any Town - protected tree. A list of Town -protected trees, Tree Removal application requirements, and Findings that are necessary to allow for approval of a Tree Removal application are detailed within Section 32-79 - Tree Protection. 32-3.12 Variance. Approval of a Variance application is required to allow the modification of zoning regulations pertaining to the various zoning districts contained within this Chapter, such as lot area, average lot width and depth, yard setbacks, number and/or dimension of parking space, building or structure height, and floor area ratio. In order to approve a Variance application, the following findings of fact must be made: a. That any variance authorized shall not constitute a grant of special privilege inconsistent with the limitations on other properties in the vicinity and the respective land use district in which the subject property is located; b. That because of special circumstances applicable to the subject property because of its size, shape, topography, location or surroundings, the strict application of the respective zoning regulations is found to deprive the PAGE 5 OF ORDINANCE NO. 2015-08 subject property of rights enjoyed by other properties in the vicinity and within the identical land use district; C. That any variance authorized shall substantially meet the intent and purpose of the respective land use district in which the subject property is located. Failure to do so shall result in a denial. 32-3.13 Zoning Text Amendment. Approval of a Zoning Text Amendment is required to allow for the modification of any provision contained within 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. PAGE 6 OF ORDINANCE NO. 2015-08 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: Do -le, Stepper, Arnerich, Morgan, Storer NOES: None ABSTAIN: None ABSENT: None AP VED AS TO FORM: CITY ATTORNEY CLERK'S CERTIFICATE 01 h02 1 .Uk A TTtiCT. I, Marie Sunseri, City Clerk of the Town of Danville, hereby certify that the foregoing is a true and accurate copy of Ordinance No. 2015-08 of said Town and that said ordinance was published according to law. Dated: q/1 -- City Clerk of the Town of Danville PAGE 7 OF ORDINANCE NO. 2015-08