32-45 DOWNTOWN BUSINESS DISTRICT. [ ]

• Editor's Note: Prior ordinances codified herein include portions of Ordinance Nos. 135 and 90-18.

Division 1

INTRODUCTION

32-45.1 Purpose and Intent.

It is the purpose and intent of this chapter to provide the Town of Danville with a set of land use and development standards for the continued physical and economic growth of the designated downtown area, consistent with the Downtown Master Plan and the General Plan.

The architectural and overall development pattern of the Downtown Business District originated in the mid-19th century, and continued to develop up through the present. Preservation of the district's unique history and character along with other essential qualities is a high priority. Future growth and change must maintain the existing character through use of compatible materials, scale and massing.

The Downtown Business District includes fourteen (14) land use areas which detail specific land uses that may occur. These fourteen (14) land use areas are shown on the zoning map in Figure 6 - Downtown Danville Land Use Districts of the 2030 General Plan.

(Ord. 2005-07, §2; Ord. 2008-08, § 2; Ord. 2013-05; Ord. 2017-07, § 2; Ord. 2021-01, § 5)

In this chapter unless the context otherwise requires:

Applicant shall mean the person filing an application in compliance with this chapter and who is: The owner or lessee of property; the party who contracted to purchase property and who presents written authorization from the property owner to file an application with the Town; or, the agent of either of the above who presents written authorization from the property owner to file an application with the Town.

Arbors shall mean open trellis-like elements that can be used to emphasize building entries or outdoor activity spaces.

Area of elevation shall mean the total height and length of a building as viewed from off-site.

Awnings shall mean canvas or other materials that provide shade from sun, shelter, and protection from the elements off a storefront, window, or doorway.

Bar/Nightclub/Lounge shall mean businesses serving beverages, including beer, wine, and mixed drinks, for consumption on the premises as a primary use.

Bed and Breakfast Inns shall mean an establishment offering overnight accommodation and breakfast, but usually not other meals, within a converted single-family dwelling, and typically with fewer than ten bedrooms available for commercial use.

Blended Use shall mean a mix of uses where at least seventy-five (75) percent of the uses in the tenant floor space are conforming uses under the subject Downtown Business District Area. The remaining portion of the tenant space, which may include the floor and walls for the display of merchandise, shall be limited to the uses listed as conditional uses or allowed uses on the second floor within the subject Downtown Business District Area, or other uses that are found to be compatible by the Chief of Planning on a case-by-case basis. If, after the initial occupancy of the business, the business model is modified from the initial blended use, either by ratio or uses, in a manner that results in a higher parking demand, then the Planning Division shall recalculate the parking demand and require payment of any additional parking in-lieu fees, as applicable in the Old Town Parking Area.

Building overhang shall mean any portion of a structure (including appurtenant structures) that abuts and extends over the foundation line of the building.

Building site area shall mean the total gross land area of the property available for development of buildings, parking and landscape.

Business shall mean an organization involved in the trade of goods, services, or both to customers that, for zoning regulation purposes, conducts business as the specific enterprise, occupant or tenant utilizing space within a structure.

Development shall mean any new construction or exterior change, modification or exterior expansion of an existing building.

Emergency shelter shall mean housing with minimal supportive services for homeless persons that is limited to occupancy of six (6) months or less by a homeless person and where housing services provided are made available to individuals or households may be denied emergency shelter because of an inability to pay.

Fascia shall mean that portion of a structure that presents a flat, horizontal band across the eave line of a building elevation.

Floor Area Ratio (FAR) shall mean the numerical value obtained by dividing the aboveground gross conditioned floor area of a building or buildings located on a lot by the total area of the lot.

Front and side of corner lots shall mean the narrowest frontage of a lot facing the street is the front and the longest frontage facing the intersecting street is the side, regardless of which direction the structure faces.

Heritage Resource shall mean a structure, site, improvement or natural feature that has been designated for heritage preservation by the Danville Town Council pursuant to subsection 32-72.6.

Hotel or Motel shall mean a commercial establishment offering overnight visitor accommodations, but not providing room

rentals on an hourly basis. These uses include facilities available to the general public, including without limitation meeting and dining facilities, provided these are an integral part of the hotel or motel operations.

Legal nonconforming business or use shall mean a business or use that was legally established and established before the adoption of this chapter that does not conform to these regulations.

Legal nonconforming use shall mean a use that does not conform to these regulations which was in existence prior to adoption of this chapter.

Office, business and professional shall mean offices of firms or organizations providing professional, executive, or administrative services, often by appointment, such as, but not limited to: accounting, advertising, architecture, dentistry, engineering, graphic design, insurance, legal services, and medicine.

Office, service uses shall mean businesses such as, but not limited to, the following: escrow/title/notary public, financial institutions/banks/savings and loan, and real estate.

Outdoor display of merchandise shall mean the display of merchandise outside of the enclosed tenant space consistent with the requirements of 32-45.25.

Outdoor sales event shall mean a temporary outdoor sales event where merchandise is displayed entirely on-site, but outside of the tenant space, and lasts no longer than six (6) days every six (6) months.

Outdoor seating shall mean the use of an adjacent, outside area of a tenant space for the purpose of serving food or beverages consistent with the requirements of 32-45.25.a.

Outdoor storage of. merchandise shall mean the display and storage of merchandise outside of the enclosed tenant space that is not brought into the tenant space each night. This use shall include the outdoor display of automobiles.

Personal service uses shall mean businesses that provide recurrently needed, non-medical services of a personal nature to customers as their primary activity. Personal service includes, but is not limited to salons, barbers, non-medical massage establishments, estheticians and nail salons.

Project shall be any proposal for new or changed use, or for new construction, alteration or enlargement of any structure, that is subject to the provisions of this chapter.

Public uses shall mean uses such as, but not limited to, meeting rooms, theaters, auditoriums, libraries, etc.

Restaurant, food to go shall mean businesses designed as a takeout facility in which limited food is consumed on the premises where no table service is provided and patrons pay before eating.

Restaurant, full service shall mean businesses that are primarily engaged in serving prepared food or beverages for onsite consumption to patrons who are generally served while seated. Take out service may not be available but may be provided on a very limited basis as an ancillary use.

Restaurant, limited service shall mean businesses where food and beverages are prepared and may be consumed on the premises, taken out, or delivered. Customers are only partially served while seated.

Retail shall mean businesses selling, renting, or exchanging goods, wares, or merchandise. Retail includes, but is not limited to: art galleries, clothing stores, copying/duplicating/printing, drug stores, florists, floor coverings, grocery stores, interior decorators with goods, optical goods and service, picture framing, portrait studios, post office/ parcel service, and shoe and garment repair with goods. Restaurant uses are not considered retail uses.

Service commercial shall mean uses that provide on-site service to customers as their primary activity and which are compatible with the immediate area. Business activities included in this category shall mean, but are not limited to, the following: business or professional schools, cultural improvement schools such as, but not limited to, music, dance and martial arts, health and fitness clubs, and places of cultural entertainment including museums, libraries and theaters.

Setback shall mean the distance by which a structure, parking area or other development feature must be separated from a lot line, easement, other structure or development feature for purposes of this chapter, the term "yard" may be used interchangeably with the term "setback".

Setbacks from street corner shall mean that point of intersection of the required setback lines from access streets, prolonged to the point of intersection.

Soffit shall mean the horizontal underside of a building projection, also referred to as an eave.

Tasting room shall mean a business providing on-site tasting and consumption of beer and wine only and retail sales directly to the public. Food may be offered as part of the beer and wine tasting. The tasting room may be operated accessory to a separate on-site use or as a stand-alone use. Outdoor seating areas are permitted as an accessory use to a tasting room.

Use shall mean the type of business, (e.g., retail, restaurant, service commercial, service office, etc.).

(Ord. 2005-07, §2; Ord. 2008-08, § 2; Ord. 2013-05; Ord. 2017-07, § 2)

32-45.3 Applicability.

This section applies to all development within the Downtown Business District (designated DBD on the Town zoning map) and regulates all existing uses, proposed new uses, remodels and new construction.

Land uses will be regulated through the Development Plan review procedure as follows:

a. Existing Uses and Structures. A lawful use of land or buildings existing on November 16, 2017, but which does not conform to this chapter, is a legal nonconforming use/business. No review is required for such a structure, use or business until there is a change of use and/or business. Expansion or intensification of a legal nonconforming use/business is discouraged. Minor intensification or expansions may be considered under a Land Use Permit under special circumstances if the application meets the character and intent of the DBD in which it is located and there is finding of substantial conformance with this chapter.

All exterior alterations of structures, or alterations to the exterior physical expression of businesses or uses, as applicable require Development Plan pursuant to Division 5 of this chapter. A legal nonconforming use may be sold as a legal nonconforming use providing the character and type of business remains the same and all impacts relating to traffic, parking and other environmental impacts are not increased. A legal nonconforming use shall be deemed illegal after the use ceases for thirty (30) consecutive days.

b. New Uses Within an Existing Structure. When a new use/business is proposed for an existing structure necessitating exterior alterations to the structure, the applicant is required to obtain Development Plan approval pursuant to Division 5 of this chapter.

c. New Structures. Development Plan approval pursuant to Division 5 of this chapter is required for a new project. A "new project" includes not only projects involving a complete redevelopment of the site, resulting in all new construction, but shall also include projects resulting in changes to the facade of existing buildings, or remodeling which results in an increase of the floor area ratio of an existing development. Maintenance, such as like replacement, or repair of dilapidated features, is not considered a new project and is not subject to a development plan.

d. Joint Study Session Review. Development plan applications for properties located within Areas 11, 12 and 13 are subject to joint study session review by the Design Review Board, Planning Commission and Town Council, prior to final action by the Planning Commission. The Heritage Resource Commission shall also be included if the project involves a Town-identified Heritage Resource.

e. Designated Heritage Resources or Historically Significant Resource. Alteration of a Designated Heritage Resource or a historically significant resource requires development plan approval pursuant to Division 5 and subsection 32-72.8 as regards the reviewing body for the proposed alteration and the standards of review to be considered prior to issuance of the requisite Certificate of Approval.

(Ord. 2005-07, § 2; Ord. 2008-08, § 2; Ord. 2013-05; Ord. 2017-07, § 2; Ord. 2023-01, § 6)

32-45.4—32-45.9 Reserved.