HomeMy WebLinkAbout060623-06.3 ADMINISTRATIVE STAFF REPORT 6.3
TO: Mayor and Town Council June 6, 2023
SUBJECT: Ordinance Nos. 2023-05, 2023-06 and 2023-07 approving Zoning Text
Amendment ZTA23-0001 amending the Town’s Single Family
Residential District, Two Family Residential District, and Multifamily
Residential District Ordinances as necessary to comply with State law
and to provide other minor revisions
BACKGROUND
SB 234 went into effect on January 1, 2020, related to family child care homes. In California
Health & Safety Code §1597.45., the California Legislature found and declared that small
and large family daycares shall be considered a residential use of property by right. Over
the years, laws referring to residential uses, including daycare uses, have been revised to
streamline the approval processes and increase the availability of childcare facilities.
Upon the effective date of this new law, provisions of local jurisdictions’ Residential
Ordinances that conflict with State law became null and void. The State law set minimum
enrollment standards to allow family day care homes to be allowed by right.
This Zoning Text Amendment was reviewed and recommended for approval by the
Planning Commission on April 25, 2023, and reviewed and introduced by the Town
Council on May 16, 2023. The Ordinance is now returning to the Town Council for a
second reading and adoption.
PUBLIC CONTACT
Public notice of the June 6, 2023, Danville Town Council meeting was placed in a local
newspaper and posting of the meeting agenda serves as notice to the general public.
RECOMMENDATION
Adopt Ordinance Nos. 2023-05, 2023-06, and 2023-07, approving Zoning Text
Amendment ZTA23-0001 amending the Town’s Single Family Residential District, Two
Family Residential District, and Multifamily Residential District Ordinances as necessary
to comply with State law and to provide other minor revisions.
ZTA23-0001 2 June 6, 2023
Residential Ordinances
Prepared by:
Riley Anderson-Barrett
Associate Planner
Reviewed by:
Diane J. Friedmann
Deputy Town Manager
Attachments: A - Draft Single Family Residential Ordinance
B - Draft Two Family Residential Ordinance
C - Draft Multifamily Residential Ordinance
ORDINANCE NO. 2023-05
REPEALING SECTION 32-22 - SINGLE FAMILY RESIDENTIAL DISTRICTS OF
THE DANVILLE MUNICIPAL CODE AND ADOPTING A NEW SECTION 32-22 -
SINGLE FAMILY RESIDENTIAL DISTRICTS
The Danville Town Council does ordain as follows:
SECTION 1. REPEALING THE EXISTING SECTION 32-22 OF THE DANVILLE
MUNICIPAL CODE.
The existing Section 32-22 of the Danville Municipal Code is repealed in its entirety.
SECTION 2. ADDING A NEW SECTION 32-22 TO THE DANVILLE MUNICIPAL
CODE.
A new Section 32-22 is hereby added to the Danville Municipal Code to read as follows:
32-22 - SINGLE FAMILY RESIDENTIAL DISTRICTS
32-22.1 Purpose
32-22.2 Definitions
32-22.3 Allowed Uses
32-22.4 Conditional Uses – Uses Requiring a Land Use Permit and/or Development Plan
Permit
32-22.5 Standards for Specific Land Uses
32-22.6 Minimum Lot Area, Width and Depth
32-22.7 Minimum Setback Requirements for a Primary Structure
32-22.8 Maximum Building Height for a Primary Structure
32-22.9 Minimum Setbacks for Accessory Structures
32-22.10 Maximum Height for Accessory Structures
32-22.11 Fencing and Retaining Walls
32-22.12 Additional Development Standards
32-22.13 Off-Street Parking
32-22.14 Granting of Land Use or Variance Permits
32-22.1 – Purpose.
The purposes of the single family residential districts are to:
a.Assure that future development complement Danville’s existing small town
character and established quality of life.
b.Integrate new development in a manner that is visually and functionally
compatible with the physical character of the surrounding community.
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c.Preserve, protect and enhance appropriately located areas for residential land use,
consistent with the Town-wide design guidelines, the General Plan and with
standards of public health and safety.
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.
32.22.2 – Definition
Words and Phrases as used in the Chapter Defined.
Abut or abutting shall mean having property lines, street lines, building lines, and/or
zoning boundaries in common.
Accessory Dwelling 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. Accessory dwelling units shall be consistent with
the requirements of Section 32-76.
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. An Accessory
Dwelling Unit as described in Section 32-76, fences, and retaining walls shall not be
considered accessory structures for purposes of this section.
Accessory use shall mean a use customarily incidental to, related but clearly subordinate
to a primary use on the same parcel.
Animal, domestic or Domestic animal shall mean any animal customarily kept by humans
for companionship, including domesticated dogs and cats, non-restricted birds (e.g.,
canaries, parrots, parakeets, etc.), rabbits or hares, and hamsters, mice, guinea pigs and
similar animals.
Antenna, private or private antenna shall mean a system of wires, rods, reflecting discs or
similar devices used for the wireless transmission or reception of electromagnetic waves
for the sole benefit of the occupant of the residential structure.
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Apartment unit shall mean a room or a group of related rooms, among similar sets in one
building, including facilities for cooking, sanitation, plumbing, heat, light and
ventilation, and means of ingress and egress, designed for and occupied by one or more
persons living as a single housekeeping unit, and usually leased as a dwelling.
Arbor shall mean an attached or detached structure, which is generally constructed with
a non-solid roof design, used to define a point of entry or to denote the division of two
areas. Arbors are often constructed with latticework and covered with climbing shrubs
or vines.
Aviary shall mean a coop, pen, cage, or other similar structure which serves as an
enclosure to house one 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 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 5 rooms available for commercial use.
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
feet above the applicable height limit. For building height in a scenic hillside or major
ridgeline area, see Section 32-69.
Breezeway shall mean a roofed, open-sided structure serving as a passageway connecting
structures and/or buildings.
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).
Cemetery shall mean a spatially defined area where the remains of dead people or
domestic pets are buried or otherwise interred, which may include any one or any
combination of following:
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a.A burial park for earth interments;
b.A mausoleum for crypt or vault interments; and/or
c.A columbarium for cinerary interments.
Child care center shall mean a commercial facility established for the caring for and
supervision of 15 or more children. A child care center includes the care of children of all
ages, including pre-school, nursery school, and day care.
Community care facility shall mean a California Department of Social Services licensed
facility that provides non-medical residential care, day treatment, adult day care, foster
family agency services, including physically or mentally handicapped, incompetent
persons, and abused, neglected, or medically fragile children, and Alcohol and Drug
Programs (ADP) involving individuals in recovery from drug or alcohol addiction, as
further defined under California Health and Safety Code Section 1502.
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
vehicles and/or equipment and/or materials involved in construction, installation,
maintenance, and/or landscaping on other property.
Cottage food operation shall mean a specialized home occupation use in a dwelling unit
where low-risk food products are prepared or packaged for sale to consumers and as
more particularly defined in California Health & Safety Code Section 113758, as may be
amended.
Day Care Home, Family shall mean an in-home child care operation that provides care for
14 or fewer children and is in compliance with Section 1597.30 et seq. of the California
Health & Safety Code.
Deck or platform, elevated shall mean structures that are either attached or detached from
the primary structure that are greater than 30 inches in height above finished grade.
Deck or platform, ground-level shall mean structures that are either attached or detached
from the primary residential structure that are not more than 30 inches in height above
finished grade.
District shall mean a portion of Danville within which certain uses of land, buildings, and
structures are permitted; certain other uses of land, buildings, and structures are not
permitted; 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 section.
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Duplex shall mean a building constructed for use as a dwelling unit and designed for
occupation as the residence of two families living independently of each other.
Dwelling unit shall mean a room or suite of rooms designed or occupied as separate living
quarters for one of the persons or groups specified as a family by this chapter.
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.
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 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 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.
Greenhouse, residential or Residential Greenhouse shall mean temporary or permanent
accessory structures typically made of, but not limited to, glass, plastic and/or fiberglass
in which plants are cultivated for private, non-commercial consumption by the occupants
of the site, except as allowed for as part of a Cottage Food Operation as defined under
this section.
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Group home or housing shall mean any living situations that are non-medical and not for
temporary use that accommodates unrelated individuals, including but not limited to
licensed and alcohol and drug treatment facilities, unlicensed sober living environments,
licensed board and care homes for the elderly including convalescent or rest homes and
nursing homes, licensed homes for minor children, licensed homes for mental patients,
licensed homes for developmentally disabled, and single room occupancy (SRO) projects.
Group homes typically involve a living arrangement where either support services are
provided to the occupants, where cooking, living or support sanitation facilities are
shared in common between the occupants, or where there is a formal program
establishing rules of conduct and purpose of the facility.
Health Facility shall mean a facility, place or building that is organized, maintained, and
operated for the diagnosis, care, prevention, and treatment of human illness, physical or
mental, including convalescence and rehabilitation, and care during and after pregnancy.
Health facilities include general acute care and psychiatric hospitals, skilled nursing
facilities, intermediate care facilities including developmentally disabled, congregate
care, correctional treatment facilities, and hospice facilities, and as further defined under
the California Health and Safety Code Section 1250.
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.
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.
Intermediate Care Facility shall mean 24 hour personal care, developmentally disabled
habilitation and nursing or congregate living health facility, development and supportive
health services in compliance with California Health & Safety Code Section 1267.8 and
1267.9.
Junior Accessory Dwelling Unit shall mean a dwelling unit which has been converted from
existing living space or is contained within the proposed plans for a new residence, which
provides complete independent living facilities with accommodations for a kitchen,
living, sleeping, eating, and bathroom, and is no larger than 500 square feet.
Kitchen shall mean any room or space within a building used, or intended to be used, for
the cooking or preparation of food, which includes all of the following: refrigerator,
cooking facilities (i.e., stove, oven, and/or range top), and sink.
Livestock shall mean domestic hoofed animals such as horses, donkeys and mules or
domestic cattle, goats, sheep, llamas, or swine.
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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, 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 shall mean 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 non-contiguous property lines.
Lot frontage or Frontage of a lot shall mean the distance measured between the two points
on the vehicular right-of-way or vehicular access easement that are farthest apart.
Multiple family buildings shall mean a single building or structure containing multiple
dwelling units, 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.
Pergola shall mean a detached structure used to define an outdoor space, typically larger
than an arbor, which characteristically uses columns and is topped with beams and open
rafters to provide partial shade protection but may also be constructed with solid roof
sheathing.
Personal property sales, commonly referred to as garage sales, shall mean the sale of used
household or personal articles, such as furniture, tools, or clothing, held on the sellers
own premises.
Porch, front or Front porch shall mean an architectural feature with a floor-like platform
structure attached to the exterior elevation of a residence, is external to the conditioned
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living space, has direct access to the street level of the building, and is covered only by a
roof or eave.
Primary structure shall mean the single family residence on the lot.
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.
Residential Care Facilities shall mean California Department of Social Services licensed
non-medical facilities which provide long-term care to adults or children which stay in a
residential setting rather than in their own home. Occupants may include persons with
chronic life threatening illness including HIV or AIDS, or the elderly. Residential care
facilities provide room, board, housekeeping, supervision, and personal care assistance
with basic activities such as bathing and grooming, as further defined under the
California Health and Safety Code Section 1568.0831.
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 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-of-
way line and a diagonal line joining points on the tangents 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.
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 an accessory dwelling unit and/or Junior Accessory
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 feet above the ground adjacent to the building for more than 50 percent of
the total perimeter, such basement, cellar or unused under-floor space shall be considered
a story not a basement.
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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 opposite exterior walls are not more than
three 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 120 square feet
in area, and have a building height no greater than eight feet as measured at the highest
pitch of the roof, and contain no plumbing or electrical installations.
Structure shall mean anything constructed or erected on and permanently attached to
land, except: (1) fences with a maximum height of six feet, or retaining walls with a
maximum height of three feet or any combination thereof not over six 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.
Supportive housing shall mean housing with no limit on length of stay, that is occupied by
a target population, and that is linked to on or off-site services that assist the supportive
housing resident in retaining the housing, improving his or her health status, and
maximize his or her ability to live and, when possible, work in the community, as defined
under California Government Code Section 65582(g).
Target population shall mean persons with low incomes who have one or more disabilities,
including mental illness, HIV or AIDS, substance abuse, or other chronic health
condition, or individuals eligible for services provided pursuant to the Lanterman
Developmental Disabilities Services Act (Division 4.5 (commencing with Section 4500) of
the Welfare and Institutions Code) and may include, among other populations, adults,
emancipated minors, families with children, elderly persons, young adults aging out of
the foster care system, individuals exiting from institutional settings, veterans, and
homeless people, as defined under Government Code Section 65582(g).
Transitional housing shall mean buildings configured as rental housing developments, but
operated under program requirements that require the termination of assistance and
circulation of the assisted unit to another eligible program recipient at some
predetermined future point in time, which shall be no less than six months of the
assistance, as defined under California Government Code Section 65582(j).
Trellis shall mean an attached or detached structure, characteristically constructed with a
tighter weave of open framework or intersecting pieces called lattice, typically with a
horizontal design to shade spaces or vertically to divide them.
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Viticulture shall mean the science, art, or process of cultivating grapevines and the
growing of grapes.
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.
32-22.3 - Allowed Uses.
a.The following uses are allowed in all single family residential districts (i.e., the R-6,
R-7, R-10, R-12, R-15, R-20, R-40, R-65, & R-100 Single family Residential Districts):
1.A detached single family dwelling on each lot and the accessory structures and
uses normally auxiliary to it;
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 or privately owned parks and playgrounds;
5.Group Homes including Community Care Facilities and Residential Care
Facilities where six or fewer persons reside or receive care, consistent with
State law;
6.Intermediate Care Facilities where six or less persons reside or receive care,
consistent with State law;
7.Health Facilities where six or fewer persons reside or receive care, consistent
with State law;
8.Transitional housing where no more than six persons reside, consistent with
State law;
9.Supportive housing where no more than six persons reside, consistent with
State law;
10.A family day care home where the family day care home operates in addition
to the residential use of the property;
11.Aviaries which comply with subsection 32-22.9.b. and which are maintained in
a sanitary manner as determined by the Contra Costa County Health
Department;
12. A cottage food operation complying with this section;
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13.Home Occupations complying with this section;
14.Personal property sales complying with this section;
15.Accessory dwelling units and Junior Accessory Dwelling Units that comply
with Section 32-76 (Accessory Dwelling Unit Ordinance);
16.Residential greenhouses, under 300 square feet.
b.In addition to the above uses, the following uses are permitted in the R-20, R-40, R-
65 and R-100 districts:
1.The raising of a maximum of 10 hens or rabbits in the R-20 and R-40 zoning
districts and a maximum of 20 hens or rabbits in the R-65 and R-100 zoning
districts. No roosters shall be permitted in any residential zoning district.
2.Keeping livestock on lots 40,000 or more square feet in area. The lot must be at
least 40,000 square feet for each two head of livestock and all contiguous in one
fee ownership. On lots over 40,000 square feet, the owner is allowed one head
of livestock per each additional 20,000 square feet in area.
32-22.4 - 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:
a.Churches and religious institutions and parochial and private schools;
b.Child care centers;
c.Bed and Breakfast;
d.Community buildings, clubs and activities of a quasi-public, social, fraternal or
recreational character, such as golf, tennis and swimming clubs, and veterans and
fraternal organizations;
e.Group Homes including Community Care Facilities and Residential Care Facilities
where seven or more persons reside or receive care, consistent with State law;
f.Intermediate Care Facilities where seven or more persons reside or receive care,
consistent with State law;
g.Health Facilities where seven or more persons reside or receive care, consistent
with State law;
h. Transitional Housing where seven or more persons reside, consistent with State
law;
i.Supportive Housing where seven or more persons reside, consistent with State
law;
j.Residential greenhouses, over 300 square feet;
k.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 32-22.7);
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l.Horse riding academies and horse riding instruction, if the requirements listed in
subsection 32-22.2.b.2, are met;
m.Private antennas, consistent with this section;
n.Wind mills erected for the production of electricity, consistent with this section;
o.Residential development on Town-identified Scenic Hillside or Major Ridgeline lots
complying with Section 32-69;
p. Wireless communications facilities, complying with Section 32-70;
q.The modification or expansion of a non-conforming use or structure;
r.Uses which the Planning Commission has found, after notice and hearing, to be
comparable to the above uses.
32-22.5 - Standards for Specific Land Uses.
a.Cottage Food Operations. A cottage food operation (CFO) shall comply with the
following requirements, which are supplemental to the home occupation
requirements listed in this section. In the case of conflict between the two sets of
requirements, the requirements for CFOs shall take precedence:
1.The CFO operator shall provide a business narrative, site plan and floor plan
to the Planning Division for review and approval, with the submittal
describing the CFO activity in narrative and plan format and clearly
depicting the location of CFO-related activities, the maximum gross floor
area for the proposed CFO, and the seasonal aspects of the business
operation.
2.CFOs shall be limited to a maximum of one full-time equivalent employee
(beyond family members).
3.CFOs are non-transferable to another person, location, type of food sales,
distribution activity or time period of activity.
4.Direct customer sales shall be by prior appointment only and shall be limited
to one customer per hour during authorized sales hours.
5.Direct customer sales and CFO-related deliveries shall be limited to the
period between 8:30 a.m. and 6:00 p.m., Monday through Saturday.
6.Building additions or modifications, if any and as shown in the site plan and
floor plan submittal, are subject to all other applicable codes and permits.
7.The operation shall be limited to the areas designated on the site and floor
plan and shall not exceed 25% or 600 square feet, whichever is less, of the
gross floor area of the primary structure and not more than 600 square feet of
additional gross floor area on the site in the form of accessory structures.
8.CFO-related goods to be stored, displayed, and/or sold on the premises shall
be contained within the areas designated on the site and floor plan. No
outside storage of CFO-related material or supplies shall be permitted.
9.There shall be no onsite consumption of CFO-related products other than
small samples.
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10.CFOs may not exceed gross sales levels as established by the State of
California for CFOs. The CFO operator shall, upon Town request, supply
copies of the CFO’s most recent income tax return to verify compliance with
the gross sales levels.
11.The CFO operator shall provide to the Planning Division a copy of the
approved CFO registration and permit as required by the Contra Costa
County Health Department.
b.Home Occupations. A home occupation shall comply with the following
requirements:
1.A Home Occupation Application report, which provides information
regarding the proposed operation of the home occupation, must be submitted
in conjunction with a Business License application. After reviewing the
report, the Town must determine that the activity complies with the
requirements set forth in this section, with other Town ordinances, and with
applicable State laws, including any State licensing requirements.
2.Client or customer visits associated with the home occupation use shall be
appointment-only visits, shall be limited to a maximum of one visit per hour
and shall be limited to Mondays through Saturdays between 8:30 a.m. and
6:00 p.m. An exception shall be allowed for home occupation uses involving
students engaged in individual home instruction, where instruction period
may be expanded to the period of between 8:30 a.m. and 8:30 p.m., daily.
3.The home occupation shall not include any direct, in-person retail sales
transactions conducted at the premises, except as allowed for as part of a
cottage food operation as defined in this section.
4.Deliveries shall be limited to the frequency of deliveries and types of vehicles
normally associated with residential neighborhoods and shall be restricted to
the period between 8:30 a.m. and 6:00 p.m., Mondays through Saturdays.
5.Not more than 25% or 600 square feet, whichever is less, of the gross floor
area of the primary structure may be devoted to the home occupation and
not more than 600 square feet of additional area in accessory structures may
be devoted to the home occupation.
6.The home occupation shall not involve employment of help other than the
members of the household and one assisting non-family employee, with the
one non-resident employee’s hours limited to the period of 8:30 a.m. and 6:00
p.m., Mondays through Saturdays.
7.On-street parking of employee vehicles in not allowed for employees who
perform functions of the home occupation away from the premises. On-site
parking shall be limited to paved parking areas such as a driveway or garage.
8.There shall be no home occupation-related exterior storage of equipment,
parts, materials, supplies, merchandise, refuse, or debris. [Note: home
occupation-related equipment, parts, materials, supplies, or merchandise
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may be stored within a permanent, fully enclosed compartment of a
passenger vehicle or truck, but no refuse or debris may be stored in any
vehicle].
9.There shall be no storage of hazardous chemicals other than that which
would normally be found at a private residence.
10.The residential appearance of the site must be maintained, and there shall be
no exterior indication of the business, including commercial advertising signs
or window displays. An exception is allowed for the display of one
nameplate sign, measuring no more than two square feet, which may be
placed on the premises attached to the primary building near the business
entrance, indicating the property address, name of the business, hours of
operation, contact information, and the nature of the business activity
conducted.
11.The required residential parking at the site shall remain available for the
purpose of parking vehicles of the residents of the site.
12.Authorized business vehicles associated with home occupation business
shall be limited to vehicles with a gross vehicle weight rating of under 19,500
lbs. and are limited to a maximum of two vehicles in the range of 14,001 to
19,500 lbs. (i.e., limited to a maximum of two Class 4 or Class 5 vehicles, as
classified by the Department of Transportation’s Federal Highway
Administration classification for commercial trucks).
13.The home occupation use shall not result in the onsite parking of any of the
following vehicles: limousines, dump trucks, tow trucks, pick-up trucks with
the bed converted into a hauling compartment designed to hold materials
and equipment that exceed the height of the top of the truck, construction
vehicles (e.g., front-end loaders or backhoes), trailers (e.g., construction
trailers, chipper trailers), construction equipment (e.g., cement mixers or
chippers), or similar vehicles.
14.The home occupation business shall not be conducted in a manner that
creates a public nuisance, under State law or under the Danville Municipal
Code. Without limiting the foregoing, a home occupation shall not create
noise, odor, dust, vibration, smoke, electrical disturbance, or any other
interference with residential uses of adjacent property and shall be invisible
to the neighborhood and the home occupation shall not result in excessive
use of, or unusual discharge into any one or more of the following utilities:
water, sanitary sewers, electrical, garbage, or storm drains.
15.The number of home occupations at one address shall not be limited except
the cumulative impact of authorized home occupations shall not exceed these
regulations.
c.Personal Property Sales. Personal property sales shall comply with the following
requirements.
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1.The sales activities are limited to a maximum of six days per calendar year;
2.Any on-site or off-site signage is removed by 6:00 p.m. following the last day
of the sale;
3.The sales activities are limited to the hours between 8:00 a.m. and 6:00 p.m.;
and
4.The sales activity does not result in unusually significant adverse impacts
related to noise, traffic, safety, congestion, and parking.
32-22.6 - Minimum Lot Area, Width and Depth.
No single family dwelling or other structure permitted under this section may be erected
or placed on a lot with less than the following minimum requirements:
a.Minimum Lot Area.
Table 32-22.1
Residential
Zoning District
Minimum
Lot Area
R-6 6,000 square feet
R-7 7,000 square feet
R-10 10,000 square feet
R-12 12,000 square feet
R-15 15,000 square feel
R-20 20,000 square feet
R-40 40,000 square feet
R-65 65,000 square feet
R-100 100,000 square feet
All public or private rights-of-way or easements for road or access purposes shall be
excluded from the calculations for determining compliance with lot area minimums.
b.Minimum Average Lot Width.
Table 32-22.2
Residential
Zoning District
Minimum Average
Lot Width
R-6 60 feet
R-7 70 feet
R-10 80 feet
R-12 and R-15 100 feet
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R-20 120 feet
R-40 and R-65 140 feet
R-100 200 feet
c.Minimum Lot Depth.
Table 32-22.3
Residential
Zoning District
Minimum
Lot Depth
R-6, R-7, R-10,
R-12 and R-15
100 feet
R-20 120 feet
R-40 and R-65 140 feet
R-100 200 feet
32-22.7 - Minimum Setback Requirements for a Primary Structure.
a.General Requirements.
The primary structures on residential properties shall comply with the setback
requirements of the applicable zoning district established by this section, or as
otherwise allowed under this section.
b.Minimum Primary and Secondary Front Yard Setback.
Primary and secondary front yard setbacks shall be measured from the edge of any
right-of-way or vehicular access easements that abut or cross the property.
Table 32-22.4
Residential
Zoning District
Minimum Primary
Front Yard Setback
Minimum Secondary
Front Yard Setback
R-6, R-7, R-10
R-12 and R-15
20 feet 15 feet
R-20, R-40
and R-65
25 feet 20 feet
R-100 30 feet 25 feet
c.Minimum Side Yard Setback.
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The following minimum width requirements apply to side yards:
Table 32-22.5
Residential
Zoning
District
Minimum
Side Yard
Setback
Minimum
Aggregate Side
Yard Setback
R-6 and R-7 5 feet 15 feet
R-10 10 feet 20 feet
R-12 and R-15 10 feet 25 feet
R-20 15 feet 35 feet
R-40 and R-65 20 feet 40 feet
R-100 30 feet 60 feet
d.Minimum Rear Yard Setback.
There shall be a rear yard for any primary residence of at least:
Table 32-22.6
Residential
Zoning
District
Minimum
Rear Yard
Setback
R-6 and R-7 20 feet
R-10, R-12 and R-15 25 feet
R-20, R-40, R-65, and
R-100
30 feet
e.Measurement of Setbacks for Specific Lot Configurations. Setbacks shall be
measured and applied as follows, unless different setback measurement methods
are determined by the Planning Division to be required due to an unusual parcel
configuration that makes the following infeasible or ineffective:
1.Corner Lot.
Four-sided corner lots shall be considered to have a primary front yard and a
secondary front yard, the two interior property lines shall be treated as side
yards, and there shall be no rear yard. Corner lots composed of more than four
property lines shall be considered to have a primary front yard and a secondary
front yard, interior side yards, and a rear yard. The property line considered to
be the rear yard shall be separated from either the primary front yard or the
secondary front yard property line by at least one side yard property line.
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Regardless of its location on either the primary or secondary front yard, front-
loaded garages shall maintain a minimum front yard setback of 20 feet.
2.Flag Lot.
For flag lots, the front setback shall be measured from the point where the
access strip meets the bulk of the lot to the nearest point of the wall of the
structure.
3.Determination of setbacks on irregular-shaped lots.
The Planning Division shall determine setbacks for irregular-shaped lots that
are not covered by any of the above examples on a case-by-case basis.
f.Second Story Setbacks Applicable to R-6, R-7, R-10, R-12, and R-15 Districts and
Lots that are 15,000 Square Feet or Smaller in any Other Zoning District. The gross
square footage of second story additions shall be no larger than 80% of the gross
square footage of the ground floor of the home. Gross square footage shall be
defined as the sum of the square footage of both conditioned living space and
garage or other non-conditioned storage space. As a minimum, the second story
addition along the primary front elevation, and secondary front elevation as
applicable, shall be recessed five feet as measured vertically from the existing
ground floor exterior elevations, where such additions are setback less than 35 feet
from any front property line. Where a setback of 35 feet or more from the property
line are observed for both ground floor and second story additions, the second
story setbacks are waived.
g.For any single family residential lot that was created prior to July 1, 1982, side yard
setbacks shall be permitted consistent with the Section 32-1.12.
h.Projections into Setbacks. Where allowed in the applicable District, an
architectural feature that is part of the primary structure may extend beyond the
wall of the structure and into a required primary front, secondary front, side, or
rear yard setback in compliance with the following table.
Table 32-22.7
Allowed Projections Into Setbacks
Projecting Feature
Primary Front
Yard Setback
Secondary Front
and Side Yard
Setbacks
Rear Yard Setback
Awnings, arbors and
canopies
5 feet 24 inches 5 feet
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Balcony, landing, porch,
stairway – If covered but
unenclosed
5 feet 24 inches 5 feet
Bay window, or similar
projecting feature - Not
extending into foundation
24 inches 24 inches 24 inches
Chimney/fireplace/media-
niche
24 inches 24 inches 24 inches
Cornice, eave, or roof
overhang
24 inches 24 inches 24 inches
32.22.8 - Maximum Building Height for a Primary Structure.
No single family dwelling or other structure permitted under this section may exceed
two and one-half (2- 1/2) stories or thirty-five (35) feet in height, whichever is less.
Residential development within Town-identified Scenic Hillside or Major Ridgeline areas
shall comply with the additional height restrictions as outlined in Section 32-69.
32-22.9 - Minimum Setbacks for Accessory Structures.
The following setback requirements apply to accessory structures allowed within the
applicable zoning districts.
a.Yards - Accessory Structures.
1.The primary front yard and secondary front yard setbacks requirements for the
primary structure also apply to accessory structures.
2.The minimum side yard or rear yard setback for accessory structures shall be
the same as the setbacks for the primary structure but may be reduced to five
feet, measured to the closest point of the structure, if it is setback from the
primary front yard proper line or secondary front yard property line is at least:
Table 32-33.8
Residential
Zoning
District
Minimum Setback
from the Primary
Front Yard Property
Line for Reduced Side
or Rear Yard Setback
Minimum Setback
from the Secondary
Front Yard Property
Line for reduced Side
or Rear Yard setback
R-6, R-7, and R-10 50 feet 25
R-12, R-15, and R-20 65 feet 30
R-40, R-65, and 75 feet 35
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R-100
b.Setback Standards for specific types of accessory structures.
1.Animal Structures/Aviaries.
Where permitted within the applicable zoning district, a chicken house, rabbit
hutch, or similar accessory structure provided for the housing of animals, and
aviaries for housing birds other than poultry, shall be set back not less than 60
feet from the front property line or any street line, and shall be not less than 40
feet from any side or rear property line; a barn, stable or other building or
structure used to shelter livestock shall be set back not less than 100 feet from
the front property line or any street line, and may not be less than 50 feet from
any side or rear property line; a fenced pasture, paddock or other enclosed
livestock area may not be located nearer than ten feet to any property line.
2.Portable Storage Sheds.
Portable storage sheds are exempt from structure setback requirements when
placed in the rear or side 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 five 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
residence (within two feet), are open on at least three sides, and are
constructed without a solid roofing material, shall maintain a minimum
ten foot side and rear yard setback, or the structure setback of the primary
home, whichever is less.
b.Arbors and patio shade structures that are attached to or abut the primary
residence (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.
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c.Arbors and patio shade structures that are not attached to or abut the
primary residence (within two feet) 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.Batting cages shall not be allowed in the primary front yard or secondary front
yard setback, and shall maintain a minimum 10 foot side and rear yard setback.
9.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 placed in a location that does not interfere with normal
vehicular or pedestrian circulation or otherwise create a nuisance in the
neighborhood.
10.Other Accessory Structures Less than Six Feet in Height.
Other accessory structures including pools, spas, and mechanical equipment
which are less than six feet in height shall maintain a minimum five foot
setback from the side and rear property lines. A minimum of a five foot
secondary front yard setback is allowed when the structure is screened by a
compliant six or seven foot tall fence. Examples of mechanical equipment
include HVAC units, swimming pool pumps and filters, ventilation, cable
television distribution boxes, transformers, and other utility equipment. This
setback requirement does not apply to utilities installed underground within
the public right-of-way, as may be approved by the Town.
32-22.10 - Maximum Height for Accessory Structures.
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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.
a.Maximum height standards for specific types of accessory structures.
1.Play structures.
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, or
the minimum height necessary for service.
32-22.11 - Fencing and Retaining Walls.
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Fences and retaining walls do not qualify as accessory structures and are subject to their
own setback and design criteria as follows:
a.Front Yard Fences.
The height limit for fences or hedges located within the primary front yard setback
area is three and one-half feet, as measured at the grade at the location of fence
placement. For corner lots, the height limit for fences within the site distance
triangle shall be further limited as specified under Section 32-22.12.a. of this chapter.
b.Secondary Front Yard Fence.
The height limit for secondary front yard fences is six feet. Additionally, secondary
front yard fences shall maintain a minimum setback of five feet from the adjacent
right-of-way or vehicular access easement, and landscaping shall be installed and
maintained along the exterior face of the fence. The maximum height of a fence
within five feet of the edge of an adjacent right-of-way or vehicular access is three
and one-half feet. All fences must comply with the Visibility at Intersections for
Corner Lots - site distance triangle requirements as defined in Section 32-22.12.a. of
this chapter.
c.Interior Side and Rear Yard Fence.
The height limit for side and rear yard shared property line fences which do not abut
a public right-of-way or vehicular access easement is six feet, but may be increased
to seven feet if the top one foot is constructed with an open lattice. For shared
property line fences which are placed on top of a retaining wall, the combined height
shall not exceed six feet, or seven feet if the top one foot is constructed with an open
lattice. However, if the fence is off-set from the retaining wall by two feet or more,
the fence height shall be measured independent from the height of the retaining
wall.
d.Fence and Retaining Walls Separations.
The height limit for retaining walls is six feet. The height of retaining walls within
the front yard or secondary front yard setback area is restricted to three and one-
half feet. Retaining walls within primary or secondary front yard areas shall meet
the standards for visibility at intersections for corner lots as defined in Section 32-
22.12.a. of this chapter.
Retaining walls that are greater than three feet in height shall maintain a minimum
three foot setback from side or rear property lines. For sloped areas where multiple
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retaining walls are proposed, the retaining walls shall maintain a minimum
separation width equal to the height of tallest adjacent retaining wall. The ground
area between the retaining walls may have a maximum slope of 3:1. Installation and
maintenance of landscaping in the ground area between retaining walls is required
for retaining walls of any height in which building permits are required.
Retaining walls required for structural or geotechnical reasons, or for public capital
improvements, are exempt from the six foot height restriction, subject to
determination by the Town.
e.Prohibited Fences.
Installation of the following types of fences and use of fences constructed with the
following fencing material is prohibited unless specifically approved by the
Planning Division for animal control, special security needs, or as required by city,
state, or federal law or regulation.
1.Barbed wire, razor, or concertina wire;
2.Electrified fence;
3.Chain link fencing when visible from public areas and/or public rights-of-
way; or
4.Temporary fencing such as plastic or wire mesh fencing, barricades, and/or
panel-system fences, except to control access to construction sites, for use
associated with Town-sponsored events, and/or in conjunction with
operation of temporary Town-approved uses.
32.22.12 - Additional Development Standards.
a. P-1 Districts.
Setbacks established for properties zoned P-1; Planned Unit Development District
prior to the Town’s incorporation in 1982 are not changed by approval of this
chapter. Where the Town has established specific setback or height limitations
through a P-1; Planned Unit Development District, subdivision map, final
development plan or other entitlement, setback restrictions established through
such entitlement process shall apply to continuing or future development within the
approved project. At the discretion of the Chief of Planning, proposals for exterior
architectural modification or additions to any residential structure for which
architecture was initially approved through public hearing may be subject to
approval of a Development Plan application and, at the discretion of the Chief of
Planning, may be referred to the Design Review Board and/or Planning
Commission for review.
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b.Visibility at Intersections for Corner Lots.
The maximum height of fences and vegetation shall be two and one-half feet above
the curb grade, or three feet above the pavement surface at the outside edge of
pavement adjoining the premises, within the sight distance triangle of corner lots.
An exception for vegetation in the site distance triangle is allowed for trees with
limbs and canopies which maintain a seven foot vertical clearance from the sidewalk
or roadway.
c.Creek Structure Setbacks.
Major creek channels are defined as San Ramon Creek, Sycamore Creek, Green
Valley Creek, East Branch of Alamo Creek, and the West Branch of Alamo Creek.
For properties that abut major channels, all additions and/or new structures shall
meet the then current structure setback requirements as defined by Contra Costa
County Flood Control & Water Conservation District or the Town of Danville, as
determined by the City Engineer.
For properties that abut non-major channels, all additions and/or new structures
shall meet the structure setback requirements as defined in Danville Municipal Code
Chapter 31-29, as determined by the City Engineer.
All structures shall observe the minimum creek setback or the property line setback
otherwise established under the applicable zoning district, whichever is greater.
d.Breezeways.
For purposes of determining the maximum allowable height and minimum yard
setbacks, a structure shall not be considered connected to, and part of, the primary
residence by utilizing a breezeway unless: the breezeway is structurally integrated
into the construction of both the primary residence and the second structure; the
distance of the wall–to-wall separation between the two structures connected by the
breezeway does not exceed 12 feet, and; the depth of the breezeway roof structure
including eaves (front to back) is at least 12 feet. A structure shall be restricted to the
maximum height requirement applicable to an accessory structure if the breezeway
does not meet all of the above requirements. However, a structure attached to the
primary residence in any manner shall comply with the setback standards
applicable to the primary residence.
e.Garage conversions.
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The conversion of either the entire garage or any portion of the garage to living
space or other residential use is allowed if:
1.The property meets the minimum on-site parking requirement as specified
under Section 32-22.13.a. of this chapter.
2.The existing garage door is removed, and replaced with walls, windows,
doors and other suitable materials.
3.The exterior of converted space uses the same exterior colors, materials and
style of the existing structure; and
4.The curb is replaced, the driveway is removed and landscaping is installed
so that the converted space no longer resembles a garage.
5.The garage conversion is consistent with the standards contained within
Section 32-76 (Accessory Dwelling Units).
32-22.13 - Off-Street Parking.
a.Minimum Off-Street/On-Site Parking Requirement.
Each single family 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.
32-22.14 - Granting of Land Use or Variance Permits.
Land Use Permits for the Conditional Uses listed in subsection 32-22.4 and Variance
permits to modify the provisions in subsections 32-22.6 through 32-22.13, 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.
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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.
The foregoing ordinance was introduced on May 16, 2023 and approved and adopted by
the Danville Town Council at a regular meeting held on June 6, 2023, by the following
vote:
AYES:
NOES:
ABSTAINED:
ABSENT:
_______________________
MAYOR
APPROVED AS TO FORM: ATTEST:
_______________________
CITY ATTORNEY CITY CLERK
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. 2023-05 of said Town and that said ordinance
was published according to law.
Dated: __________________________
_________________________________
City Clerk of the
Town of Danville
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ORDINANCE NO. 2023-06
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 Allowed 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;
b.A detached two family dwelling (duplex) on each lot and uses normally auxiliary
thereto.
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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.
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 structure 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).
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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.
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The foregoing ordinance was introduced on May 16, 2023 and approved and adopted
by the Danville Town Council at a regular meeting held on June 6, 2023, by the
following vote:
AYES:
NOES:
ABSTAINED:
ABSENT:
_______________________
MAYOR
APPROVED AS TO FORM: ATTEST:
_______________________
CITY ATTORNEY CITY CLERK
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. 2023-06 of said Town and that said
ordinance was published according to law.
Dated: __________________________
_________________________________
City Clerk of the
Town of Danville
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ORDINANCE NO. 2023-07
REPEALING SECTIONS 32-29.3 M-35 AND 32-24 M-30 MULTIFAMILY
RESIDENTIAL DISTRICT OF THE DANVILLE MUNICIPAL CODE
AND ADOPTING NEW SECTIONS 32-29.3 M-35 AND 32-24 M-30
MULTIFAMILY RESIDENTIAL DISTRICTS
The Danville Town Council does ordain as follows:
SECTION 1. REPEALING THE EXISTING SECTION 32-29.3 M-35 OF THE
DANVILLE MUNICIPAL CODE.
The existing Section 32-29.3 of the Danville Municipal Code is repealed.
SECTION 2. ADDING NEW SECTION 32-29.3 TO THE DANVILLE MUNICIPAL
CODE.
New Section 32-29.3 are hereby added to the Danville Municipal Code to read as follows:
32-29.3 Allowed Uses.
Uses permitted in the M-35 District shall be as follows:
a.Multifamily buildings, but not including motels or hotels;
b.Horticulture;
c.Raising or keeping of domestic animals, with a limit of three (3) dogs and/or three
(3) cats over the age of four (4) months;
d. Publicly owned or privately owned parks and playgrounds;
e.Group Homes including Community Care Facilities and Residential Care
Facilities, consistent with state law;
f.Intermediate Care Facilities, consistent with law;
g. Health Facilities, consistent with state law;
h.Transitional housing, consistent with state law;
i.Supportive housing, consistent with state law;
j.A cottage food operation, complying with Municipal Code Section 32-22.5.a;
k.Home occupations, complying with Municipal Code Section 32-22.5.b;
l. Personal property sales, complying with Municipal Code Section 32-22.5.c;
m.Accessory dwelling units consistent with Municipal Code Section 32-76
(Accessory Dwelling Unit Ordinance);
n.Residential greenhouses, under three hundred (300) square feet.
o.A family day care home where the family day care home operates in addition to
the residential use of the property (14 children or less).
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SECTION 3. REPEALING THE EXISTING SECTION 32-24 OF THE DANVILLE
MUNICIPAL CODE.
The existing Section 32-24 of the Danville Municipal Code is repealed in its entirety.
SECTION 4. ADDING NEW SECTION 32-24 TO THE DANVILLE MUNICIPAL
CODE.
New Section 32-24 is 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 Allowed 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
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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 family day care home where the family day care home operates in addition
to the residential use of the property;
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;
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.Accessory Dwelling Units that comply with Section 32-76 (Accessory
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.
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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.Bed and Breakfast;
5.Group Homes including Community Care Facilities and Residential Care
Facilities where seven or more persons reside or receive care, consistent with
State law;
6.Intermediate Care Facilities where seven or more persons reside or receive
care, consistent with State law;
7.Health Facilities where seven or more persons reside or receive care,
consistent with State law.
8.Transitional Housing where seven or more persons reside, consistent with
State law;
9.Supportive Housing where seven or more persons reside, consistent with
State law;
10.Greenhouses (over three hundred (300) square feet) and nurseries for the
propagation of plants only and not including any retail sales of nursery
products;
11.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);
12.Private antennas, complying with Section 32-24.8.d.2;
13.Wind mills erected for the production of electricity, complying with this
Section 32-24.8.b.6;
14.Wireless communications facilities, complying with Section 32-70;
15.The modification or expansion of a non-conforming use or structure;
16.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.
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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
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
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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.
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.
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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.
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.
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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 (1 1/2) 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.
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
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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;
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.
SECTION 5. CODIFICATION. Section 2 of this ordinance shall be codified in the
Danville Municipal Code.
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SECTION 6. 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 7. 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.
The foregoing ordinance was introduced on May 16, 2023 and approved and adopted
by the Danville Town Council at a regular meeting held on June 6, 2023, by the
following vote:
AYES:
NOES:
ABSTAINED:
ABSENT:
_______________________
MAYOR
APPROVED AS TO FORM: ATTEST:
_______________________
CITY ATTORNEY CITY CLERK
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. 2023-07 of said Town and that said ordinance
was published according to law.
Dated: __________________________
_________________________________
City Clerk of the
Town of Danville
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