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HomeMy WebLinkAbout2017-03ORDINANCE NO. 2017-03 AMENDING SECTIONS 32-45.30e and f OF THE DANVILLE MUNICIPAL CODE REGARDING PARKING IN LIEU FEES IN DOWNTOWN BUSINESS DISTRICTS 1, 2,2A, 3 AND 11 The Danville Town Council does ordain as follows: SECTION 1. Section 32-45.30e and f of the Danville Municipal Code is hereby amended to read as follows: 32-45.30 General Requirements of On-site Parking. e. Shared Parking. "Shared parking" means that a portion of the required parking spaces is provided on-site and/or a portion is provided in the municipal parking lot where the same parking spaces are assigned to more than one (1) use at one (1) time. Shared parking is required in Areas 1, 2, 2A, 3 and 5. Because Areas 1, 2, 2A, 3 and 5 are developed with high density retail uses and the availability of on-site parking is limited, a parking reduction may be considered when it is determined that shared parking will be used. This parking reduction will only be allowed when a minimum of twenty-five percent (25%) of the required parking is purchased in the off-site public lot or when the development exceeds twenty thousand (20,000) square feet of gross building floor area. The shared parking credit shall be determined according to the schedule below. Use Shared Credit Retail 20% Restaurant 20% Service Office (1st Floor/ Area 1 and 2) 0% Second Floor/ Area 1 and 2 and all other areas 20% Office 20% Personal Service 20% Service/ Commercial 20% Designated Heritage Resource Determined by Heritage Resource Commission f. In Lieu Fees. Those properties and uses required to provide parking in off-site municipal parking lots pursuant to Section 32-45.31 of this Code shall pay an in lieu parking fee for each space required. The number of parking spaces used to calculate the required in lieu payment shall be based on the applicable standards of this Code. The amount of the in lieu parking fee per space shall be 0.s set forth by resoiutiilil 1 '[11 -le Town Council, in effect at the time the applicant 1) completes an application for a building permit or 2) initiates the land use activity that creates the demand for additional municipal parking, whichever comes first. In calculating the in lieu parking fee, if a credit to the property owner for Assessment District 73/74 (i.e., the Clocktower Municipal Parking Lot) is applicable, the credit shall not exceed the amount owed to the Town by way of the new project. Any in lieu parking fees due to the Town shall be paid at issuance of a building permit or exercise of a land use entitlement creating the demand for additional parking, whichever occurs first. SECTION 2. CODIFICATION. Section 1 of this ordinance shall be codified in the Danville Municipal Code. SECTION 3. 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. 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 on May 30, 2017. PAGE 2 OF ORDINANCE NO. 2017-03 The foregoing Ordinance was introduced on March 21, 2017 and approved and adopted by the Danville Town Council at a regular meeting held on April 4, 2017, by the foli-1 VV111g Vote. AYES: NOES: Blackwell, Morgan, Stepper, Storer None ABSTAIN: None ABSENT: Arnerich 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. 2017-03 of said Town and that said ordinance was published according to law. Dated: J A)A x I ®� ®AiL City Clerk of Town of Dan PAGE 3 OF ORDINANCE NO. 2017-03