Article XVI — Danville Zoning Code

REGULATIONS INVOLVING SPECIFIC USES

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32-122 GASOLINE SERVICE STATIONS. ¶

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32-122.1 Permitted Activities. ¶

A gasoline service station use which is an authorized land use under this chapter is limited to the following activities:

a. Supplying goods and services essential to the normal operation of automobiles, such as dispensing fuel and motor oil; vehicle washing and lubricating service; and the sale and servicing of tires, batteries, replacement items and other automobile accessories.

b. Minor automobile repair including the repair or replacement of all or portions of engines, transmissions, power trains and wheels of vehicles not exceeding one and one-half (1 1/2) ton capacity. This definition includes auto transmission repair, brake and wheel repair, radiator repair, fuel and electrical repair, and muffler repair and replacement. This does not include body or fender work, painting, or major automobile repair (repair and replacement of frames and bodies and the repair or replacement of engines, transmissions, power trains and wheels of vehicles exceeding one and one-half (1 1/2) ton capacity).

c. A Towing Service. As a condition of issuing a land use permit for a gasoline service station, the Planning Commission may limit the total number of tow trucks depending upon the size of the parcel, adequacy of screening, compatibility with surrounding uses and adequacy of public street access.

d. Sales accessory and incidental to the use of the premises as a gasoline service station if contained within the enclosed part of the building, such as:

The sale through coin operated vending machines of candy, gum, soft drinks, other nonalcoholic beverages or other food products, but excluding snack shops and convenience food marts.
The sale of small, non-food items such as cigarettes, key chains, pens and maps.

The sale of alcoholic beverages is prohibited.

e. Other activity if expressly authorized by an existing conditional use permit. (Ord. #44-84, §84301)

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32-122.2 Conversion of Gasoline Service Stations. ¶

a. Conversion to Another Permitted Use. The conversion of a premises designed for use as a gasoline service station to another use permitted in the land use district is subject to the following additional requirements:

No conversion is lawful until a development plan for it has been submitted and approved by the Planning Commission;
The structure shall meet building code standards for the proposed permitted use;
Each gasoline storage tank shall be filled with a suitable material or removed;
Bay doors shall be removed and replaced with a permanent wall;
Driveway and curb cuts shall be reconstructed to suit the proposed use;
Above ground pumps, islands and canopies shall be removed;
The converted building shall satisfy energy conservation requirements of the current Uniform Building Code; and
The landscaping, parking, signs and architectural design of the building are subject to approval by the Planning Commission as part of the Development Plan and shall be compatible with surrounding buildings in color, material and style.

b. Combined Use. A premises designed for use as a gasoline service station may be combined with another use permitted in the land use district (for example a snack shop or convenience market) subject to the following:

The combined use complies with subsection 32-117.2a., 1, 2, 5, 7, and 8.
The sale of alcoholic beverages is prohibited.
In exercising its discretion for approving or denying land use permits for mini-marts or snack shops, the Planning Commission and City Council shall take into account the concern to avoid the proliferation of mini-marts and snack shops.

(Ord. #44-84, §8-4302)

Disclaimer: This Code of Ordinances and/or any other documents that appear on this site may not reflect the most current legislation adopted by the Municipality. American Legal Publishing provides these documents for informational purposes only. These documents should not be relied upon as the definitive authority for local legislation. Additionally, the formatting and pagination of the posted documents varies from the formatting and pagination of the official copy. The official printed copy of a Code of Ordinances should be consulted prior to any action being taken. For further information regarding the official version of any of this Code of Ordinances or other documents posted on this site, please contact the Municipality directly or contact American Legal Publishing toll-free at 800-445-5588.

Hosted by: American Legal Publishing

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32-117.42

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2026 S-18 (current) 2026 S-18 (current)

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No Earlier Versions -

Danville Overview

Danville, CA Municipal Code DANVILLE, CALIFORNIA MUNICIPAL CODE VOLUME I GENERAL REGULATIONS

VOLUME II DEVELOPMENT

CHAPTER XXX RESERVED* CHAPTER XXXI SUBDIVISION* CHAPTER XXXII PLANNING AND LAND USE* ARTICLE I GENERAL PROVISIONS ARTICLE II DEFINITIONS ARTICLE III PLANNING APPLICATIONS ARTICLE IV: DECISION MAKING AUTHORITY AND REVIEW PROCESS ARTICLE V ZONING MAP; DISTRICTS ESTABLISHED ARTICLE VI DISTRICT REGULATIONS ARTICLE VII ADDITIONAL REQUIREMENTS FOR DEVELOPMENT ARTICLE VIII SPECIAL LAND USES ARTICLE IX SIGNS AND OUTDOOR ADVERTISING* ARTICLE X TRANSPORTATION IMPROVEMENT PROGRAM FEE DIVISION THREE REGIONAL TRANSPORTATION FEES ARTICLE XI RESERVED ARTICLE XII* ADULT ENTERTAINMENT BUSINESSES ARTICLE XIII AGRICULTURAL LAND CONSERVATION ARTICLE XIV LAND DEDICATION FOR SCHOOL PURPOSES

ARTICLE XV FLOOD DAMAGE PREVENTION

32-117 FLOOD DAMAGE PREVENTION REGULATIONS.

32.117.5 - 32.117.10 Reserved. Division 2 APPLICATIONS Division 3 ADMINISTRATION

Division 4 PROVISIONS FOR FLOOD HAZARD REDUCTION

Division 5 FLOOD HAZARD VARIANCE PROCEDURES

32-117.41 Appeals.

32-117.42 Standards for Review.

32-117.43 Issuance of Flood Hazard Variances.

32-117.44 Conditions for Issuance of Flood Hazard Variances.

32-117.45 Showing Necessary for Flood Hazard Variance.

32-117.46 Notice of Flood Hazard Variance.

32-118 - 32-121 RESERVED.

ARTICLE XVI REGULATIONS INVOLVING SPECIFIC USES

ARTICLE XVII NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM ARTICLE XVIII USE AND LIMITS

ARTICLE XIX HAZARDOUS WASTE MANAGEMENT PLAN

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CHAPTER XXXII PLANNING AND LAND USE*

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32-117.38 Standards for Manufactured Homes. ¶

a. All new and substantially improved manufactured homes and additions to manufactured homes within Zone A on sites located:

Outside of a manufactured home park or subdivision;
In a new manufactured home park or subdivision;
In an expansion to an existing manufactured home park or subdivision; or
In an existing manufactured home park or subdivision on a site upon which a manufactured home has incurred "substantial damage" as the result of a flood shall be elevated so that the lowest floor is at or above one (1) foot above the base flood elevation and be securely anchored to a permanent foundation system to resist flotation, collapse or lateral movement.

b. All manufactured homes to be placed or substantially improved on sites in an existing manufactured home park or subdivision within Zones A1-30, AH, AE, V1-30, V, and VE on the community's Flood Insurance Rate Map that are not subject to the provisions above shall be securely fastened to an adequately anchored foundation system to resist flotation, collapse, and lateral movement, and be elevated so that either the:

Lowest floor of the manufactured home is at or above one (1) foot above the base flood elevation; or
The manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than thirty-six (36) inches in height above grade.

c. Upon the completion of the structure, the elevation of the lowest floor including basement shall be certified by a registered professional engineer or surveyor, and verified by the community building inspector to be properly elevated. Such certification and verification shall be provided to the Development Services Director. (Ord. #133, §8-4838; Ord. #2002-02, §2)

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32-117.39 Floodways. ¶

Areas designated as floodways are located within areas of special flood hazard established in subsection 32-117.12. Since the floodway is an extremely hazardous area due to the velocity of flood waters which carry debris, potential projectiles, and erosion potential, the following provisions apply:

a. Encroachment, including fill, new construction, substantial improvements, and other development, is prohibited, unless certification by a registered professional engineer or architect is

provided demonstrating that the encroachment shall not result in any increase in flood levels during the occurrence of the base flood discharge.

b. If paragraph a. is satisfied, all new construction, substantial improvements and other proposed new development shall comply with all applicable flood hazard reduction provisions of this division. (Ord. #133, §8-4839; Ord. #2002-02, §2)

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32-117.40 Reserved.
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Division 5

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FLOOD HAZARD VARIANCE PROCEDURES
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32-117.41 Appeals. ¶

a. The Planning Commission shall hear and decide appeals and requests for flood hazard variances from the requirements of this section.

b. The Planning Commission shall hear and decide appeals when it is alleged there is an error in a requirement, decision or determination made by the Development Services Director in the enforcement or administration of this section.

c. The decision of the Planning Commission may be appealed to the Town Council.
d. The time and manner for taking an appeal is as provided in Section 30-7. (Ord. #133, §84241; Ord. #2002-02, §2)

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32-117.42 Standards for Review. ¶

In considering an application for a flood hazard variance under this section, the reviewing body shall consider all the technical evaluations, all relevant factors, standards specified in other sections of the Municipal Code, and:

a. The danger that materials may be swept onto other lands to the injury of others;
b. The danger to life and property due to flooding or erosion damage;

c. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;

d. The importance of the services provided by the proposed facility to the community;

e. The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage;

f. The compatibility of the proposed use with existing and anticipated development;

g. The relationship of the proposed use to the comprehensive plan and flood plain management program for that area;

h. The safety of access to the property in times of flood for ordinary and emergency vehicles;

i. The expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters and the effects of wave action, if applicable, expected at the site;

j. The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water system, and streets and bridges; and

k. The necessity to the facility of a waterfront location, where applicable. (Ord. #133, §8-4242; Ord. #2002-02, §2)

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32-117.43 Issuance of Flood Hazard Variances. ¶

a. A flood hazard variance may be issued for new construction and substantial improvements to be erected on a lot of one-half (1/2) acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing the standards in subsection 32-117.42 have been fully considered. As the lot size increases beyond the one-half (1/2) acre, the technical justification required for issuing the variance increases.

b. Upon consideration of the factors of subsection 32-117.42 and the purposes of this section, the Planning Commission may attach such conditions to the granting of flood hazard variances as it considers necessary to further the purposes of this section.

c. The Director of Development Services shall maintain the records of appeal actions and report any flood hazard variances to the Federal Insurance Administration upon request. (Ord. #133, §84243; Ord. #2002-02, §2)

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32-117.44 Conditions for Issuance of Flood Hazard Variances. ¶

a. A flood hazard variance may be issued for the reconstruction, rehabilitation or restoration of a structure listed on the National Register of Historic Places or the State Inventory of Historic Places without regard to the procedures set forth in the remainder of this subsection.

b. A flood hazard variance shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.

c. A flood hazard variance shall only be issued upon a determination that the flood hazard variance is the minimum necessary, considering the flood hazard, to afford relief. (Ord. #133, §84244; Ord. #2002-02, §2)

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32-117.45 Showing Necessary for Flood Hazard Variance. ¶

a. A flood hazard variance shall only be issued upon:

A showing of good and sufficient cause;
A determination that failure to grant the flood hazard variance would result in exceptional hardship to the applicant; and
A determination that the granting of a flood hazard variance will not result in increased flood heights, additional threats to public safety or extraordinary public expense; create nuisances; cause fraud on or victimization of the public; or conflict with existing local laws or ordinances.

b. Flood hazard variances may be issued for new construction and substantial improvements and for other development necessary for the conduct of a functionally dependent use provided that the provisions of this subsection and subsection 32-117.44 are satisfied and that the structure or other development is protected by methods that minimize flood damages during the base flood and create no additional threats to public safety. (Ord. #133, §8-4245; Ord. #2002-02, §2)

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32-117.46 Notice of Flood Hazard Variance. ¶

a. An applicant to whom a flood hazard variance is granted shall be given written notice that the structure will be permitted to be built with a lowest floor elevation below the regulatory flood elevation and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation.

b. A copy of the notice shall be recorded by the Town Clerk in the office of the Contra Costa County Recorder and shall be recorded in a manner so that it appears in the chain of title of the affected parcel of land. (Ord. #133, §8-4246; Ord. #2002-02, §2)

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32-118— 32-121 RESERVED. ¶

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ARTICLE XVI REGULATIONS INVOLVING SPECIFIC USES

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32-122 GASOLINE SERVICE STATIONS. ¶

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32-122.1 Permitted Activities.
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A gasoline service station use which is an authorized land use under this chapter is limited to the following activities:

a. Supplying goods and services essential to the normal operation of automobiles, such as dispensing fuel and motor oil; vehicle washing and lubricating service; and the sale and servicing of tires, batteries, replacement items and other automobile accessories.

b. Minor automobile repair including the repair or replacement of all or portions of engines, transmissions, power trains and wheels of vehicles not exceeding one and one-half (1 1/2) ton capacity. This definition includes auto transmission repair, brake and wheel repair, radiator repair, fuel and electrical repair, and muffler repair and replacement. This does not include body or fender work, painting, or major automobile repair (repair and replacement of frames and bodies and the repair or replacement of engines, transmissions, power trains and wheels of vehicles exceeding one and one-half (1 1/2) ton capacity).

c. A Towing Service. As a condition of issuing a land use permit for a gasoline service station, the Planning Commission may limit the total number of tow trucks depending upon the size of the parcel, adequacy of screening, compatibility with surrounding uses and adequacy of public street access.

d. Sales accessory and incidental to the use of the premises as a gasoline service station if contained within the enclosed part of the building, such as:

The sale through coin operated vending machines of candy, gum, soft drinks, other nonalcoholic beverages or other food products, but excluding snack shops and convenience food marts.
The sale of small, non-food items such as cigarettes, key chains, pens and maps.

The sale of alcoholic beverages is prohibited.

e. Other activity if expressly authorized by an existing conditional use permit. (Ord. #44-84, §84301)

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32-122.2 Conversion of Gasoline Service Stations. ¶

a. Conversion to Another Permitted Use. The conversion of a premises designed for use as a gasoline service station to another use permitted in the land use district is subject to the following

additional requirements:

No conversion is lawful until a development plan for it has been submitted and approved by the Planning Commission;
The structure shall meet building code standards for the proposed permitted use;
Each gasoline storage tank shall be filled with a suitable material or removed;
Bay doors shall be removed and replaced with a permanent wall;
Driveway and curb cuts shall be reconstructed to suit the proposed use;
Above ground pumps, islands and canopies shall be removed;
The converted building shall satisfy energy conservation requirements of the current Uniform Building Code; and
The landscaping, parking, signs and architectural design of the building are subject to approval by the Planning Commission as part of the Development Plan and shall be compatible with surrounding buildings in color, material and style.

b. Combined Use. A premises designed for use as a gasoline service station may be combined with another use permitted in the land use district (for example a snack shop or convenience market) subject to the following:

The combined use complies with subsection 32-117.2a., 1, 2, 5, 7, and 8.
The sale of alcoholic beverages is prohibited.
In exercising its discretion for approving or denying land use permits for mini-marts or snack shops, the Planning Commission and City Council shall take into account the concern to avoid the proliferation of mini-marts and snack shops.

(Ord. #44-84, §8-4302)

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32-123—32-125 RESERVED.

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32-126 CHILD CARE FACILITIES. ¶

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32-126.1 Purpose and Intent. ¶

The purpose of this section is to implement the Public Facilities Section of the Danville General Plan (policies 7.11, 7.12 and 7.13); implementation strategy (D12) which calls for encouraging the development of quality child care in Danville; and further, to achieve the desired ratio of one (1) child care space per forty (40) residents Town wide, as identified in the Townwide Child Care Needs Assessment prepared as background to this section. Provision of quality child care requires a partnership between public and private participants and is necessary to promote the health and welfare of the citizens of the Town. The Town's responsibility shall be to establish land use policies and ordinances which promote the establishment of child care facilities and the initiation of child care services in the community. Establishment of such child care facilities and initiation of child care services will help satisfy the child care infrastructure requirements associated with new growth. It shall be the responsibility of new development to address child care needs associated with the development of new residential and non-residential projects within the Town. (Ord. #89-2, §8-5701)

Disclaimer: This Code of Ordinances and/or any other documents that appear on this site may not reflect the most current legislation adopted by the Municipality. American Legal Publishing provides these documents for informational purposes only. These documents should not be relied upon as the definitive authority for local legislation. Additionally, the formatting and pagination of the posted documents varies from the formatting and pagination of the official copy. The official printed copy of a Code of Ordinances should be consulted prior to any action being taken. For further information regarding the official version of any of this Code of Ordinances or other documents posted on this site, please contact the Municipality directly or contact American Legal Publishing toll-free at 800-445-5588.

Hosted by: American Legal Publishing

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32-117.43

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2026 S-18 (current)

Compare to:

No Earlier Versions -

Danville Overview

Danville, CA Municipal Code DANVILLE, CALIFORNIA MUNICIPAL CODE VOLUME I GENERAL REGULATIONS

VOLUME II DEVELOPMENT

CHAPTER XXX RESERVED* CHAPTER XXXI SUBDIVISION* CHAPTER XXXII PLANNING AND LAND USE* ARTICLE I GENERAL PROVISIONS ARTICLE II DEFINITIONS ARTICLE III PLANNING APPLICATIONS ARTICLE IV: DECISION MAKING AUTHORITY AND REVIEW PROCESS ARTICLE V ZONING MAP; DISTRICTS ESTABLISHED ARTICLE VI DISTRICT REGULATIONS ARTICLE VII ADDITIONAL REQUIREMENTS FOR DEVELOPMENT ARTICLE VIII SPECIAL LAND USES ARTICLE IX SIGNS AND OUTDOOR ADVERTISING* ARTICLE X TRANSPORTATION IMPROVEMENT PROGRAM FEE DIVISION THREE REGIONAL TRANSPORTATION FEES ARTICLE XI RESERVED ARTICLE XII* ADULT ENTERTAINMENT BUSINESSES ARTICLE XIII AGRICULTURAL LAND CONSERVATION ARTICLE XIV LAND DEDICATION FOR SCHOOL PURPOSES ARTICLE XV FLOOD DAMAGE PREVENTION 32-117 FLOOD DAMAGE PREVENTION REGULATIONS.

32.117.5 - 32.117.10 Reserved.

Division 2 APPLICATIONS

Division 3 ADMINISTRATION

Division 4 PROVISIONS FOR FLOOD HAZARD REDUCTION Division 5 FLOOD HAZARD VARIANCE PROCEDURES

32-117.41 Appeals.

32-117.42 Standards for Review.

32-117.43 Issuance of Flood Hazard Variances.

32-117.44 Conditions for Issuance of Flood Hazard Variances.

32-117.45 Showing Necessary for Flood Hazard Variance.

32-117.46 Notice of Flood Hazard Variance.

32-118 - 32-121 RESERVED.

ARTICLE XVI REGULATIONS INVOLVING SPECIFIC USES ARTICLE XVII NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM ARTICLE XVIII USE AND LIMITS

ARTICLE XIX HAZARDOUS WASTE MANAGEMENT PLAN

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CHAPTER XXXII PLANNING AND LAND USE*

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32-117.39 Floodways. ¶

Areas designated as floodways are located within areas of special flood hazard established in subsection 32-117.12. Since the floodway is an extremely hazardous area due to the velocity of flood waters which carry debris, potential projectiles, and erosion potential, the following provisions apply:

a. Encroachment, including fill, new construction, substantial improvements, and other development, is prohibited, unless certification by a registered professional engineer or architect is provided demonstrating that the encroachment shall not result in any increase in flood levels during the occurrence of the base flood discharge.

b. If paragraph a. is satisfied, all new construction, substantial improvements and other proposed new development shall comply with all applicable flood hazard reduction provisions of this division. (Ord. #133, §8-4839; Ord. #2002-02, §2)

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32-117.40 Reserved.
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Division 5

FLOOD HAZARD VARIANCE PROCEDURES

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32-117.41 Appeals. ¶

a. The Planning Commission shall hear and decide appeals and requests for flood hazard variances from the requirements of this section.

b. The Planning Commission shall hear and decide appeals when it is alleged there is an error in a requirement, decision or determination made by the Development Services Director in the enforcement or administration of this section.

c. The decision of the Planning Commission may be appealed to the Town Council.

d. The time and manner for taking an appeal is as provided in Section 30-7. (Ord. #133, §84241; Ord. #2002-02, §2)

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32-117.42 Standards for Review. ¶

In considering an application for a flood hazard variance under this section, the reviewing body shall consider all the technical evaluations, all relevant factors, standards specified in other sections of the Municipal Code, and:

a. The danger that materials may be swept onto other lands to the injury of others;

b. The danger to life and property due to flooding or erosion damage;

c. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;

d. The importance of the services provided by the proposed facility to the community;

e. The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage;

f. The compatibility of the proposed use with existing and anticipated development;

g. The relationship of the proposed use to the comprehensive plan and flood plain management program for that area;

h. The safety of access to the property in times of flood for ordinary and emergency vehicles;

i. The expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters and the effects of wave action, if applicable, expected at the site;

j. The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water system, and streets and bridges; and

k. The necessity to the facility of a waterfront location, where applicable. (Ord. #133, §8-4242; Ord. #2002-02, §2)

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32-117.43 Issuance of Flood Hazard Variances. ¶

a. A flood hazard variance may be issued for new construction and substantial improvements to be erected on a lot of one-half (1/2) acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing the standards in subsection 32-117.42 have been fully considered. As the lot size increases beyond the one-half (1/2) acre, the technical justification required for issuing the variance increases.

b. Upon consideration of the factors of subsection 32-117.42 and the purposes of this section, the Planning Commission may attach such conditions to the granting of flood hazard variances as it considers necessary to further the purposes of this section.

c. The Director of Development Services shall maintain the records of appeal actions and report any flood hazard variances to the Federal Insurance Administration upon request. (Ord. #133, §84243; Ord. #2002-02, §2)

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32-117.44 Conditions for Issuance of Flood Hazard Variances. ¶

a. A flood hazard variance may be issued for the reconstruction, rehabilitation or restoration of a structure listed on the National Register of Historic Places or the State Inventory of Historic Places without regard to the procedures set forth in the remainder of this subsection.

b. A flood hazard variance shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.

c. A flood hazard variance shall only be issued upon a determination that the flood hazard variance is the minimum necessary, considering the flood hazard, to afford relief. (Ord. #133, §84244; Ord. #2002-02, §2)

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32-117.45 Showing Necessary for Flood Hazard Variance. ¶

a. A flood hazard variance shall only be issued upon:

A showing of good and sufficient cause;
A determination that failure to grant the flood hazard variance would result in exceptional hardship to the applicant; and
A determination that the granting of a flood hazard variance will not result in increased flood heights, additional threats to public safety or extraordinary public expense; create nuisances; cause fraud on or victimization of the public; or conflict with existing local laws or ordinances.

b. Flood hazard variances may be issued for new construction and substantial improvements and for other development necessary for the conduct of a functionally dependent use provided that the provisions of this subsection and subsection 32-117.44 are satisfied and that the structure or other development is protected by methods that minimize flood damages during the base flood and create no additional threats to public safety. (Ord. #133, §8-4245; Ord. #2002-02, §2)

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32-117.46 Notice of Flood Hazard Variance. ¶

a. An applicant to whom a flood hazard variance is granted shall be given written notice that the structure will be permitted to be built with a lowest floor elevation below the regulatory flood elevation and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation.

b. A copy of the notice shall be recorded by the Town Clerk in the office of the Contra Costa County Recorder and shall be recorded in a manner so that it appears in the chain of title of the affected parcel of land. (Ord. #133, §8-4246; Ord. #2002-02, §2)

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32-118— 32-121 RESERVED. ¶

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ARTICLE XVI REGULATIONS INVOLVING SPECIFIC USES

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32-122 GASOLINE SERVICE STATIONS. ¶

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32-122.1 Permitted Activities.

A gasoline service station use which is an authorized land use under this chapter is limited to the following activities:

a. Supplying goods and services essential to the normal operation of automobiles, such as dispensing fuel and motor oil; vehicle washing and lubricating service; and the sale and servicing of tires, batteries, replacement items and other automobile accessories.

b. Minor automobile repair including the repair or replacement of all or portions of engines, transmissions, power trains and wheels of vehicles not exceeding one and one-half (1 1/2) ton capacity. This definition includes auto transmission repair, brake and wheel repair, radiator repair, fuel and electrical repair, and muffler repair and replacement. This does not include body or fender work, painting, or major automobile repair (repair and replacement of frames and bodies and the repair or replacement of engines, transmissions, power trains and wheels of vehicles exceeding one and one-half (1 1/2) ton capacity).

c. A Towing Service. As a condition of issuing a land use permit for a gasoline service station, the Planning Commission may limit the total number of tow trucks depending upon the size of the parcel, adequacy of screening, compatibility with surrounding uses and adequacy of public street access.

d. Sales accessory and incidental to the use of the premises as a gasoline service station if contained within the enclosed part of the building, such as:

The sale through coin operated vending machines of candy, gum, soft drinks, other nonalcoholic beverages or other food products, but excluding snack shops and convenience food marts.
The sale of small, non-food items such as cigarettes, key chains, pens and maps.

The sale of alcoholic beverages is prohibited.

e. Other activity if expressly authorized by an existing conditional use permit. (Ord. #44-84, §84301)

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32-122.2 Conversion of Gasoline Service Stations.

a. Conversion to Another Permitted Use. The conversion of a premises designed for use as a gasoline service station to another use permitted in the land use district is subject to the following additional requirements:

No conversion is lawful until a development plan for it has been submitted and approved by the Planning Commission;
The structure shall meet building code standards for the proposed permitted use;
Each gasoline storage tank shall be filled with a suitable material or removed;
Bay doors shall be removed and replaced with a permanent wall;
Driveway and curb cuts shall be reconstructed to suit the proposed use;
Above ground pumps, islands and canopies shall be removed;
The converted building shall satisfy energy conservation requirements of the current Uniform Building Code; and
The landscaping, parking, signs and architectural design of the building are subject to approval by the Planning Commission as part of the Development Plan and shall be compatible with surrounding buildings in color, material and style.

b. Combined Use. A premises designed for use as a gasoline service station may be combined with another use permitted in the land use district (for example a snack shop or convenience market) subject to the following:

The combined use complies with subsection 32-117.2a., 1, 2, 5, 7, and 8.
The sale of alcoholic beverages is prohibited.
In exercising its discretion for approving or denying land use permits for mini-marts or snack shops, the Planning Commission and City Council shall take into account the concern to avoid the proliferation of mini-marts and snack shops.

(Ord. #44-84, §8-4302)

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32-123—32-125 RESERVED.

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32-126 CHILD CARE FACILITIES. ¶

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32-126.1 Purpose and Intent. ¶

The purpose of this section is to implement the Public Facilities Section of the Danville General Plan (policies 7.11, 7.12 and 7.13); implementation strategy (D12) which calls for encouraging the development of quality child care in Danville; and further, to achieve the desired ratio of one (1) child care space per forty (40) residents Town wide, as identified in the Townwide Child Care Needs Assessment prepared as background to this section. Provision of quality child care requires a partnership between public and private participants and is necessary to promote the health and welfare of the citizens of the Town. The Town's responsibility shall be to establish land use policies and ordinances which promote the establishment of child care facilities and the initiation of child care services in the community. Establishment of such child care facilities and initiation of child care services will help satisfy the child care infrastructure requirements associated with new growth. It shall be the responsibility of new development to address child care needs associated with the development of new residential and non-residential projects within the Town. (Ord. #89-2, §8-5701)

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32-126.2 Definitions.

As used in this chapter unless otherwise provided:

Child care facility means an existing or proposed child care facility including the site, building, equipment, and any accessory structures in which there are programs and personnel licensed by the State to provide child care services including but not limited to shelter, food, education and plan opportunities for fewer than twenty-four (24) hours per day.

Child care program means any preschool age or school age care program conducted within the following facilities:

a. Small family day care home (a facility licensed for the care of six (6) or fewer children)

b. Large family day care home (a facility licensed for the care of seven (7) to twelve (12) children)

c. Child care center (a facility licensed for the care of more than twelve (12) children)

Multiple family residential means attached residential structures including for-rental apartments or for-sale condominiums.

Occupancy means the actual physical inhabitation or use of a residential or non-residential building following completion of a final building inspection.

Project means a proposal for the development of improved or unimproved land, requiring the granting of an entitlement whether residential or nonresidential or both, which conforms to Town of Danville requirements. A project includes but is not limited to the development of a lot or parcel or larger acreage, conversion of an existing use to a different use, and expansion of a use.

Single family residential means a detached or attached residential structure including detached, patio or zero lot line, duplex and townhouse units.

(Ord, #89-2, §8-5702)

Disclaimer: This Code of Ordinances and/or any other documents that appear on this site may not reflect the most current legislation adopted by the Municipality. American Legal Publishing provides these documents for informational purposes only. These documents should not be relied upon as the definitive authority for local legislation. Additionally, the formatting and pagination of the posted documents varies from the formatting and pagination of the official copy. The official printed copy of a Code of Ordinances should be consulted prior to any action being taken. For further information regarding the official version of any of this Code of Ordinances or other documents posted on this site, please contact the Municipality directly or contact American Legal Publishing toll-free at 800-445-5588.

Hosted by: American Legal Publishing

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32-117.44

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2026 S-18 (current)

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Danville Overview

Danville, CA Municipal Code DANVILLE, CALIFORNIA MUNICIPAL CODE VOLUME I GENERAL REGULATIONS

VOLUME II DEVELOPMENT

CHAPTER XXX RESERVED* CHAPTER XXXI SUBDIVISION* CHAPTER XXXII PLANNING AND LAND USE* ARTICLE I GENERAL PROVISIONS ARTICLE II DEFINITIONS ARTICLE III PLANNING APPLICATIONS ARTICLE IV: DECISION MAKING AUTHORITY AND REVIEW PROCESS ARTICLE V ZONING MAP; DISTRICTS ESTABLISHED ARTICLE VI DISTRICT REGULATIONS ARTICLE VII ADDITIONAL REQUIREMENTS FOR DEVELOPMENT ARTICLE VIII SPECIAL LAND USES ARTICLE IX SIGNS AND OUTDOOR ADVERTISING* ARTICLE X TRANSPORTATION IMPROVEMENT PROGRAM FEE DIVISION THREE REGIONAL TRANSPORTATION FEES ARTICLE XI RESERVED ARTICLE XII* ADULT ENTERTAINMENT BUSINESSES ARTICLE XIII AGRICULTURAL LAND CONSERVATION ARTICLE XIV LAND DEDICATION FOR SCHOOL PURPOSES ARTICLE XV FLOOD DAMAGE PREVENTION 32-117 FLOOD DAMAGE PREVENTION REGULATIONS.

32.117.5 - 32.117.10 Reserved.

Division 2 APPLICATIONS Division 3 ADMINISTRATION Division 4 PROVISIONS FOR FLOOD HAZARD REDUCTION Division 5 FLOOD HAZARD VARIANCE PROCEDURES

32-117.41 Appeals.

32-117.42 Standards for Review.

32-117.43 Issuance of Flood Hazard Variances.

32-117.44 Conditions for Issuance of Flood Hazard Variances.

32-117.45 Showing Necessary for Flood Hazard Variance.

32-117.46 Notice of Flood Hazard Variance.

32-118 - 32-121 RESERVED. ARTICLE XVI REGULATIONS INVOLVING SPECIFIC USES

32-122 GASOLINE SERVICE STATIONS.

32-123 - 32-125 RESERVED.

32-126 CHILD CARE FACILITIES.

32-127 - 32-129 RESERVED.

32-130 SATELLITE ANTENNAS AND MICROWAVE EQUIPMENT.

32-131 - 32-139 RESERVED.

ARTICLE XVII NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM ARTICLE XVIII USE AND LIMITS ARTICLE XIX HAZARDOUS WASTE MANAGEMENT PLAN

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CHAPTER XXXII PLANNING AND LAND USE*

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32-117.41 Appeals.
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a. The Planning Commission shall hear and decide appeals and requests for flood hazard variances from the requirements of this section.

b. The Planning Commission shall hear and decide appeals when it is alleged there is an error in a requirement, decision or determination made by the Development Services Director in the enforcement or administration of this section.

c. The decision of the Planning Commission may be appealed to the Town Council.

d. The time and manner for taking an appeal is as provided in Section 30-7. (Ord. #133, §84241; Ord. #2002-02, §2)

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32-117.42 Standards for Review. ¶

In considering an application for a flood hazard variance under this section, the reviewing body shall consider all the technical evaluations, all relevant factors, standards specified in other sections of the Municipal Code, and:

a. The danger that materials may be swept onto other lands to the injury of others;
b. The danger to life and property due to flooding or erosion damage;

c. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;

d. The importance of the services provided by the proposed facility to the community;

e. The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage;

f. The compatibility of the proposed use with existing and anticipated development;

g. The relationship of the proposed use to the comprehensive plan and flood plain management program for that area;

h. The safety of access to the property in times of flood for ordinary and emergency vehicles;

i. The expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters and the effects of wave action, if applicable, expected at the site;

j. The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water system, and streets and bridges; and

k. The necessity to the facility of a waterfront location, where applicable. (Ord. #133, §8-4242; Ord. #2002-02, §2)

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32-117.43 Issuance of Flood Hazard Variances. ¶

a. A flood hazard variance may be issued for new construction and substantial improvements to be erected on a lot of one-half (1/2) acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing the standards in subsection 32-117.42 have been fully considered. As the lot size increases beyond the one-half (1/2) acre, the technical justification required for issuing the variance increases.

b. Upon consideration of the factors of subsection 32-117.42 and the purposes of this section, the Planning Commission may attach such conditions to the granting of flood hazard variances as it considers necessary to further the purposes of this section.

c. The Director of Development Services shall maintain the records of appeal actions and report any flood hazard variances to the Federal Insurance Administration upon request. (Ord. #133, §84243; Ord. #2002-02, §2)

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32-117.44 Conditions for Issuance of Flood Hazard Variances. ¶

a. A flood hazard variance may be issued for the reconstruction, rehabilitation or restoration of a structure listed on the National Register of Historic Places or the State Inventory of Historic Places without regard to the procedures set forth in the remainder of this subsection.

b. A flood hazard variance shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.

c. A flood hazard variance shall only be issued upon a determination that the flood hazard variance is the minimum necessary, considering the flood hazard, to afford relief. (Ord. #133, §84244; Ord. #2002-02, §2)

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32-117.45 Showing Necessary for Flood Hazard Variance. ¶

a. A flood hazard variance shall only be issued upon:

A showing of good and sufficient cause;
A determination that failure to grant the flood hazard variance would result in exceptional hardship to the applicant; and
A determination that the granting of a flood hazard variance will not result in increased flood heights, additional threats to public safety or extraordinary public expense; create nuisances; cause fraud on or victimization of the public; or conflict with existing local laws or ordinances.

b. Flood hazard variances may be issued for new construction and substantial improvements and for other development necessary for the conduct of a functionally dependent use provided that the provisions of this subsection and subsection 32-117.44 are satisfied and that the structure or other development is protected by methods that minimize flood damages during the base flood and create no additional threats to public safety. (Ord. #133, §8-4245; Ord. #2002-02, §2)

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32-117.46 Notice of Flood Hazard Variance. ¶

a. An applicant to whom a flood hazard variance is granted shall be given written notice that the structure will be permitted to be built with a lowest floor elevation below the regulatory flood

elevation and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation.

b. A copy of the notice shall be recorded by the Town Clerk in the office of the Contra Costa County Recorder and shall be recorded in a manner so that it appears in the chain of title of the affected parcel of land. (Ord. #133, §8-4246; Ord. #2002-02, §2)

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32-118— 32-121 RESERVED. ¶

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ARTICLE XVI REGULATIONS INVOLVING SPECIFIC USES

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32-122 GASOLINE SERVICE STATIONS. ¶

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32-122.1 Permitted Activities. ¶

A gasoline service station use which is an authorized land use under this chapter is limited to the following activities:

a. Supplying goods and services essential to the normal operation of automobiles, such as dispensing fuel and motor oil; vehicle washing and lubricating service; and the sale and servicing of tires, batteries, replacement items and other automobile accessories.

b. Minor automobile repair including the repair or replacement of all or portions of engines, transmissions, power trains and wheels of vehicles not exceeding one and one-half (1 1/2) ton capacity. This definition includes auto transmission repair, brake and wheel repair, radiator repair, fuel and electrical repair, and muffler repair and replacement. This does not include body or fender work, painting, or major automobile repair (repair and replacement of frames and bodies and the repair or replacement of engines, transmissions, power trains and wheels of vehicles exceeding one and one-half (1 1/2) ton capacity).

c. A Towing Service. As a condition of issuing a land use permit for a gasoline service station, the Planning Commission may limit the total number of tow trucks depending upon the size of the parcel, adequacy of screening, compatibility with surrounding uses and adequacy of public street access.

d. Sales accessory and incidental to the use of the premises as a gasoline service station if contained within the enclosed part of the building, such as:

The sale through coin operated vending machines of candy, gum, soft drinks, other nonalcoholic beverages or other food products, but excluding snack shops and convenience food marts.
The sale of small, non-food items such as cigarettes, key chains, pens and maps.

The sale of alcoholic beverages is prohibited.

e. Other activity if expressly authorized by an existing conditional use permit. (Ord. #44-84, §84301)

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32-122.2 Conversion of Gasoline Service Stations. ¶

a. Conversion to Another Permitted Use. The conversion of a premises designed for use as a gasoline service station to another use permitted in the land use district is subject to the following additional requirements:

No conversion is lawful until a development plan for it has been submitted and approved by the Planning Commission;
The structure shall meet building code standards for the proposed permitted use;
Each gasoline storage tank shall be filled with a suitable material or removed;
Bay doors shall be removed and replaced with a permanent wall;
Driveway and curb cuts shall be reconstructed to suit the proposed use;
Above ground pumps, islands and canopies shall be removed;
The converted building shall satisfy energy conservation requirements of the current Uniform Building Code; and
The landscaping, parking, signs and architectural design of the building are subject to approval by the Planning Commission as part of the Development Plan and shall be compatible with surrounding buildings in color, material and style.

b. Combined Use. A premises designed for use as a gasoline service station may be combined with another use permitted in the land use district (for example a snack shop or convenience market) subject to the following:

The combined use complies with subsection 32-117.2a., 1, 2, 5, 7, and 8.
The sale of alcoholic beverages is prohibited.
In exercising its discretion for approving or denying land use permits for mini-marts or snack shops, the Planning Commission and City Council shall take into account the concern to avoid the proliferation of mini-marts and snack shops.

(Ord. #44-84, §8-4302)

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32-123—32-125 RESERVED.

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32-126 CHILD CARE FACILITIES. ¶

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32-126.1 Purpose and Intent. ¶

The purpose of this section is to implement the Public Facilities Section of the Danville General Plan (policies 7.11, 7.12 and 7.13); implementation strategy (D12) which calls for encouraging the development of quality child care in Danville; and further, to achieve the desired ratio of one (1) child care space per forty (40) residents Town wide, as identified in the Townwide Child Care Needs Assessment prepared as background to this section. Provision of quality child care requires a partnership between public and private participants and is necessary to promote the health and welfare of the citizens of the Town. The Town's responsibility shall be to establish land use policies and ordinances which promote the establishment of child care facilities and the initiation of child care services in the community. Establishment of such child care facilities and initiation of child care services will help satisfy the child care infrastructure requirements associated with new growth. It shall be the responsibility of new development to address child care needs associated with the development of new residential and non-residential projects within the Town. (Ord. #89-2, §8-5701)

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32-126.2 Definitions. ¶

As used in this chapter unless otherwise provided:

Child care facility means an existing or proposed child care facility including the site, building, equipment, and any accessory structures in which there are programs and personnel licensed by the State to provide child care services including but not limited to shelter, food, education and plan opportunities for fewer than twenty-four (24) hours per day.

Child care program means any preschool age or school age care program conducted within the following facilities:

a. Small family day care home (a facility licensed for the care of six (6) or fewer children)
b. Large family day care home (a facility licensed for the care of seven (7) to twelve (12) children)
c. Child care center (a facility licensed for the care of more than twelve (12) children)

Multiple family residential means attached residential structures including for-rental apartments or for-sale condominiums.

Occupancy means the actual physical inhabitation or use of a residential or non-residential building following completion of a final building inspection.

Project means a proposal for the development of improved or unimproved land, requiring the granting of an entitlement whether residential or nonresidential or both, which conforms to Town of Danville requirements. A project includes but is not limited to the development of a lot or parcel or larger acreage, conversion of an existing use to a different use, and expansion of a use.

Single family residential means a detached or attached residential structure including detached, patio or zero lot line, duplex and townhouse units.

(Ord, #89-2, §8-5702)

Disclaimer: This Code of Ordinances and/or any other documents that appear on this site may not reflect the most current legislation adopted by the Municipality. American Legal Publishing provides these documents for informational purposes only. These documents should not be relied upon as the definitive authority for local legislation. Additionally, the formatting and pagination of the posted documents varies from the formatting and pagination of the official copy. The official printed copy of a Code of Ordinances

should be consulted prior to any action being taken. For further information regarding the official version of any of this Code of Ordinances or other documents posted on this site, please contact the Municipality directly or contact American Legal Publishing toll-free at 800-445-5588.

Hosted by: American Legal Publishing

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32-117.45

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2026 S-18 (current) 2026 S-18 (current)

Compare to:

No Earlier Versions -

Danville Overview

Danville, CA Municipal Code DANVILLE, CALIFORNIA MUNICIPAL CODE VOLUME I GENERAL REGULATIONS

VOLUME II DEVELOPMENT

CHAPTER XXX RESERVED* CHAPTER XXXI SUBDIVISION* CHAPTER XXXII PLANNING AND LAND USE* ARTICLE I GENERAL PROVISIONS ARTICLE II DEFINITIONS ARTICLE III PLANNING APPLICATIONS ARTICLE IV: DECISION MAKING AUTHORITY AND REVIEW PROCESS ARTICLE V ZONING MAP; DISTRICTS ESTABLISHED ARTICLE VI DISTRICT REGULATIONS ARTICLE VII ADDITIONAL REQUIREMENTS FOR DEVELOPMENT ARTICLE VIII SPECIAL LAND USES ARTICLE IX SIGNS AND OUTDOOR ADVERTISING* ARTICLE X TRANSPORTATION IMPROVEMENT PROGRAM FEE DIVISION THREE REGIONAL TRANSPORTATION FEES

ARTICLE XI RESERVED ARTICLE XII* ADULT ENTERTAINMENT BUSINESSES ARTICLE XIII AGRICULTURAL LAND CONSERVATION ARTICLE XIV LAND DEDICATION FOR SCHOOL PURPOSES

ARTICLE XV FLOOD DAMAGE PREVENTION

32-117 FLOOD DAMAGE PREVENTION REGULATIONS.

32.117.5 - 32.117.10 Reserved. Division 2 APPLICATIONS Division 3 ADMINISTRATION

Division 4 PROVISIONS FOR FLOOD HAZARD REDUCTION

Division 5 FLOOD HAZARD VARIANCE PROCEDURES

32-117.41 Appeals.

32-117.42 Standards for Review.

32-117.43 Issuance of Flood Hazard Variances.

32-117.44 Conditions for Issuance of Flood Hazard Variances.

32-117.45 Showing Necessary for Flood Hazard Variance.

32-117.46 Notice of Flood Hazard Variance.

32-118 - 32-121 RESERVED.

ARTICLE XVI REGULATIONS INVOLVING SPECIFIC USES

ARTICLE XVII NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM ARTICLE XVIII USE AND LIMITS

ARTICLE XIX HAZARDOUS WASTE MANAGEMENT PLAN

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CHAPTER XXXII PLANNING AND LAND USE*

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32-117.42 Standards for Review. ¶

In considering an application for a flood hazard variance under this section, the reviewing body shall consider all the technical evaluations, all relevant factors, standards specified in other sections of the Municipal Code, and:

a. The danger that materials may be swept onto other lands to the injury of others;

b. The danger to life and property due to flooding or erosion damage;

c. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;

d. The importance of the services provided by the proposed facility to the community;

e. The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage;

f. The compatibility of the proposed use with existing and anticipated development;
g. The relationship of the proposed use to the comprehensive plan and flood plain management program for that area;
h. The safety of access to the property in times of flood for ordinary and emergency vehicles;

i. The expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters and the effects of wave action, if applicable, expected at the site;

j. The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water system, and streets and bridges; and

k. The necessity to the facility of a waterfront location, where applicable. (Ord. #133, §8-4242; Ord. #2002-02, §2)

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32-117.43 Issuance of Flood Hazard Variances. ¶

a. A flood hazard variance may be issued for new construction and substantial improvements to be erected on a lot of one-half (1/2) acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing the standards in subsection 32-117.42 have been fully considered. As the lot size increases beyond the one-half (1/2) acre, the technical justification required for issuing the variance increases.

b. Upon consideration of the factors of subsection 32-117.42 and the purposes of this section, the Planning Commission may attach such conditions to the granting of flood hazard variances as it considers necessary to further the purposes of this section.

c. The Director of Development Services shall maintain the records of appeal actions and report any flood hazard variances to the Federal Insurance Administration upon request. (Ord. #133, §84243; Ord. #2002-02, §2)

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32-117.44 Conditions for Issuance of Flood Hazard Variances. ¶

a. A flood hazard variance may be issued for the reconstruction, rehabilitation or restoration of a structure listed on the National Register of Historic Places or the State Inventory of Historic Places without regard to the procedures set forth in the remainder of this subsection.

b. A flood hazard variance shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.

c. A flood hazard variance shall only be issued upon a determination that the flood hazard variance is the minimum necessary, considering the flood hazard, to afford relief. (Ord. #133, §84244; Ord. #2002-02, §2)

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32-117.45 Showing Necessary for Flood Hazard Variance. ¶

a. A flood hazard variance shall only be issued upon:

A showing of good and sufficient cause;
A determination that failure to grant the flood hazard variance would result in exceptional hardship to the applicant; and
A determination that the granting of a flood hazard variance will not result in increased flood heights, additional threats to public safety or extraordinary public expense; create nuisances; cause fraud on or victimization of the public; or conflict with existing local laws or ordinances.

b. Flood hazard variances may be issued for new construction and substantial improvements and for other development necessary for the conduct of a functionally dependent use provided that the provisions of this subsection and subsection 32-117.44 are satisfied and that the structure or other development is protected by methods that minimize flood damages during the base flood and create no additional threats to public safety. (Ord. #133, §8-4245; Ord. #2002-02, §2)

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32-117.46 Notice of Flood Hazard Variance. ¶

a. An applicant to whom a flood hazard variance is granted shall be given written notice that the structure will be permitted to be built with a lowest floor elevation below the regulatory flood elevation and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation.

b. A copy of the notice shall be recorded by the Town Clerk in the office of the Contra Costa County Recorder and shall be recorded in a manner so that it appears in the chain of title of the affected parcel of land. (Ord. #133, §8-4246; Ord. #2002-02, §2)

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32-118— 32-121 RESERVED. ¶

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ARTICLE XVI REGULATIONS INVOLVING SPECIFIC USES

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32-122 GASOLINE SERVICE STATIONS. ¶

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32-122.1 Permitted Activities. ¶

A gasoline service station use which is an authorized land use under this chapter is limited to the following activities:

a. Supplying goods and services essential to the normal operation of automobiles, such as dispensing fuel and motor oil; vehicle washing and lubricating service; and the sale and servicing of tires, batteries, replacement items and other automobile accessories.

b. Minor automobile repair including the repair or replacement of all or portions of engines, transmissions, power trains and wheels of vehicles not exceeding one and one-half (1 1/2) ton capacity. This definition includes auto transmission repair, brake and wheel repair, radiator repair, fuel and electrical repair, and muffler repair and replacement. This does not include body or fender work, painting, or major automobile repair (repair and replacement of frames and bodies and the repair or replacement of engines, transmissions, power trains and wheels of vehicles exceeding one and one-half (1 1/2) ton capacity).

c. A Towing Service. As a condition of issuing a land use permit for a gasoline service station, the Planning Commission may limit the total number of tow trucks depending upon the size of the parcel, adequacy of screening, compatibility with surrounding uses and adequacy of public street access.

d. Sales accessory and incidental to the use of the premises as a gasoline service station if contained within the enclosed part of the building, such as:

The sale through coin operated vending machines of candy, gum, soft drinks, other nonalcoholic beverages or other food products, but excluding snack shops and convenience food marts.
The sale of small, non-food items such as cigarettes, key chains, pens and maps.

The sale of alcoholic beverages is prohibited.

e. Other activity if expressly authorized by an existing conditional use permit. (Ord. #44-84, §84301)

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32-122.2 Conversion of Gasoline Service Stations. ¶

a. Conversion to Another Permitted Use. The conversion of a premises designed for use as a gasoline service station to another use permitted in the land use district is subject to the following additional requirements:

No conversion is lawful until a development plan for it has been submitted and approved by the Planning Commission;
The structure shall meet building code standards for the proposed permitted use;
Each gasoline storage tank shall be filled with a suitable material or removed;
Bay doors shall be removed and replaced with a permanent wall;
Driveway and curb cuts shall be reconstructed to suit the proposed use;
Above ground pumps, islands and canopies shall be removed;
The converted building shall satisfy energy conservation requirements of the current Uniform Building Code; and
The landscaping, parking, signs and architectural design of the building are subject to approval by the Planning Commission as part of the Development Plan and shall be compatible with surrounding buildings in color, material and style.

b. Combined Use. A premises designed for use as a gasoline service station may be combined with another use permitted in the land use district (for example a snack shop or convenience market) subject to the following:

The combined use complies with subsection 32-117.2a., 1, 2, 5, 7, and 8.
The sale of alcoholic beverages is prohibited.
In exercising its discretion for approving or denying land use permits for mini-marts or snack shops, the Planning Commission and City Council shall take into account the concern to avoid the proliferation of mini-marts and snack shops.

(Ord. #44-84, §8-4302)

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32-123—32-125 RESERVED.

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32-126 CHILD CARE FACILITIES. ¶

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32-126.1 Purpose and Intent.