a.   Permit Required. No person shall dedicate, establish or maintain any cemetery, as defined in Section 32-2, or extend the boundaries of any existing cemetery at any place within the unincorporated territory of the County without first obtaining a permit as specified in this section.

   b.   Permit Granted to Existing Cemeteries.

      1.   Cemeteries: Any premises which on March 18, 1961, are dedicated and established as a cemetery are granted a permit for the purposes of paragraphs a and b. of this subsection.

      2.   Other Authorized Uses: Any premises which on March 18, 1961, are dedicated and established as a cemetery and on which any building or structure has been erected for the uses specified in paragraph b. of subsection 32-92.3 are granted a permit for such building and structures for the uses established on that date.

   c.   Permit Authorized in Only Certain Land Use Districts. An application may be made and a land use permit may be granted for the establishment of a cemetery in land use districts established by Article V and Article VI, except that no application shall be accepted or permit granted for premises located in R-B, C, and L-I districts.

   d.   Permit Assignment. No permit shall be assignable before the actual establishment of the cemetery or extension of an existing cemetery, nor shall the permit be used by any person other than the applicant or applicants in the establishment of a cemetery or extension of an existing cemetery.

   a.   Information Requirements.

      1.   Any person desiring to obtain issuance of a permit required by this section shall file a written application with the Planning Commission, which shall administer this section.

      2.   The president and the secretary of the corporation which will operate the proposed cemetery and the owner or owners of the land to be included in the cemetery shall sign and verify the written application for a permit. The application, in addition to any other matter required by the Planning Commission, shall set forth in separate paragraphs or in attached exhibits the following information:

         (a)   The names and addresses of all persons owning any part of the property proposed to be used as a cemetery;

         (b)   The names and addresses of the officers and directors of the corporation which will operate the cemetery;

         (c)   A map showing the exact location, exterior boundaries, and legal description of the property proposed to be used as a cemetery; the location and names of all public roads located within one-half (1/2) mile from the property; the elevation in feet above sea level of the highest and lowest points on the property;

         (d)   A financial statement of applicant showing the financial ability of applicant to establish, care for, and maintain the proposed cemetery in a manner to prevent it from being or becoming a public nuisance.

         (e)   A statement setting forth whether the cemetery is to be established as an endowment-care or nonendowment-care cemetery and, if an endowment-care fund is to be or has been created, the amount then on hand and the method, scheme, or plan of continuing and adding to the fund in details sufficient to show that the cemetery will be maintained so as not to become a public nuisance.

      3.   If the application is only submitted for authorization of permitted uses under paragraph b. of subsection 32-92.3, information required by subparagraphs 4 and 5 need not be submitted.

      4.   In addition to the notice required by applicable County ordinances governing the procedure for the granting of permits required by this chapter, at least ten (10) days' notice by mail of any hearing on the application shall be given to the Secretary of the State Cemetery Board of California.

   b.   Action by Board of Adjustment or Town Council.

      1.   In granting any permit, the Board of Adjustment, or, on appeal, the Town Council shall review the location, design, and layout of the proposed cemetery and may condition the permit on requirements as to design, location, layout screening, and design of entrances and exits as the Board of Adjustment or the Town Council finds reasonably necessary to protect the health, safety, and welfare of the people of the County and to protect property values and the orderly and economic development of land in the neighborhood.

      2.   A permit shall be denied if the Board of Adjustment or, on appeal. the Town Council finds that:

         (a)   The establishment or maintenance of the proposed cemetery or the extension of an existing cemetery will or may jeopardize or adversely affect the public health safety, comfort, or welfare; or

         (b)   The establishment, maintenance, or extension will or may reasonably be expected to be a public nuisance; or

         (c)   The establishment, maintenance, or extension will tend to interfere with the free movement of traffic or with the proper protection of the public through interference with the movement of police, ambulance, or fire equipment and thus interfere with the convenience of the public or the protection of the lives and the property of the public; or

         (d)   The applicant, through the proposed endowment fund or otherwise, cannot demonstrate adequate financial ability to establish or maintain the proposed cemetery so as to prevent the proposed cemetery from becoming a public nuisance; or

         (e)   The proposed cemetery is not consistent with the General Plan of the Town or the orderly development and growth of the Town.

      3.   Before taking final action, the Board of Adjustment or, on appeal, the Town Council may require of the applicant or applicants any reasonable dedication of public streets or highways through the premises proposed to be used for the cemetery or extension of an existing cemetery, so as to prevent the cemetery from jeopardizing the public safety, comfort, or welfare. If the time required by the Board of Adjustment or Town Council for compliance with these conditions elapses before these conditions are met, the Board of Adjustment or Town Council may deny the permit.

   c.   Renewal of Application. If the Board of Adjustment or the Town Council denies its approval of any application heretofore or hereafter made for any permit required by this section, no new or further application for a permit shall be made on the same property or any part of it, as described in the previous application, until one (1) year after the date of the denial or approval.

   a.   Incidental Uses. The following uses of the premises are authorized as incidental uses in connection with the operation and maintenance of a cemetery:

      1.   An office building for administration of cemetery affairs;

      2.   Maintenance sheds or buildings for storage of equipment and supplies used in connection with the maintenance and operation of the cemetery grounds;

      3.   Greenhouse for the propagation of plants used in connection with maintenance of the cemetery grounds;

      4.   Caretaker's residence.

   b.   Uses Permittable. In addition to the uses included within the definition of "cemetery" contained in Article III, land use permits may be granted, at the time of initial application or by subsequent application, pursuant to the provisions of Section 30-4 for the following uses:

      1.   Crematory of calcinatory;

      2.   Mortuary;

      3.   Sale of markers;

      4.   Sale of caskets;

      5.   Sale of flowers or decorations;

      6.   Manufacture and sale of liners and/or vaults.

   This section intends to identify the appropriate location of dry cleaning plants as the L-I; light industrial zone district and prohibit the establishment of any new dry cleaning plants in any other zone district within the Town of Danville. (Ord. #98-05, §2)

   "Dry cleaning plants" are hereby defined as the physical part of a dry cleaning business which involves the use of chemicals to process and clean clothing, draperies and other textile products. (Ord. #98-05, §2)

   Dry cleaning plants, as defined in subsection 32-93.2, shall be permitted in the L-I; light industrial zone district, subject to the approval of a land use permit. Dry cleaning plants shall not be permitted in any other zone district of the Town. (Ord. #98-05, §2)

   Any dry cleaning plants which are established and operating on the date of the adoption of this section are permitted to remain and are hereby deemed an existing "legal nonconforming use" subject to the provisions of subsection 32-4.3 of the Municipal Code. (Ord. #98-05, §2)

(Ord. 2011-02, § 2; Ord. 2016-01, § 2; Ord. 2017-01, § 2)

(Ord. 2011-02, § 2; Ord. 2016-01, § 2; Ord. 2017-01, § 2)

(Ord. 2016-01, § 2; Ord. 2017-01, § 2)

   a.   The primary use of the property shall be as a residence. Marijuana cultivation is prohibited as a home occupation.

   b.   All areas used for cultivation of marijuana shall comply with Chapter 32 of this Code.

   c   Indoor grow lights shall not exceed 1,000 watts per light and shall comply with the California Building, Electrical and Fire Codes as adopted by the Town in Chapter 10 of this Code.

   d.   The use of gas products (CO2, butane, propane, natural gas, etc.) or generators for cultivation of marijuana is prohibited.

   e.   All fully enclosed and secure structures sued for the cultivation of marijuana shall have a ventilation and filtration system installed that shall prevent marijuana plant odors from existing the interior of the structure.

   f.   Any accessory structure used for the cultivation of marijuana shall be located in the rear yard of the property and shall comply with otherwise applicable setbacks for accessory structures. The yard in which the accessory structure is located shall be enclosed by a solid fence. This provision shall not apply to cultivation occurring in a garage.

   g.   Adequate mechanical locking or electronic security systems shall be installed on the primary residence or accessory structure where the cultivation is occurring.

   h.   Marijuana cultivation shall be limited to six marijuana plants per private residence, regardless of whether the marijuana is cultivated inside the residence or an accessory structure. The limit of six plants per private residence shall apply regardless of how many individuals reside at the property.

   i.   The private residence shall remain at all times a residence, with legal and functioning cooking, sleeping and sanitation facilities with proper ingress and egress.

   j.   Cultivation of marijuana shall only take place on impervious surfaces.

   k.   The marijuana cultivation shall not be visible by normal, unaided vision from any public place.

   l.   Any area within the primary residence or accessory structure in which marijuana cultivation is occurring shall not be accessible to persons under 21 years of age.

   m.   Written consent of the property owner to cultivate marijuana shall be obtained and kept on the premises.

   n.   A portable fire extinguisher that complies with all applicable regulations and standards shall be kept in the area being used for marijuana cultivation.

(Ord. 2017-01, § 2)

(Ord. 2016-01, § 2; Ord. 2017-01, § 2)

(Ord. 2016-01, § 2; Ord. 2017-01, § 2)

(Ord. 2016-01, § 2; Ord. 2017-01, § 2)

      1.   Twenty percent or more of floor or display area is devoted to tobacco products, smoking paraphernalia, or both; or

      2.   Fifty percent or more of gross retail sales receipts are derived from tobacco products, smoking paraphernalia, or both.

      1.   Any product containing, made from, or derived from tobacco or nicotine that is intended for human consumption, whether smoked, heated, chewed, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means, including but not limited to cigarettes, cigars, little cigars, chewing tobacco, pipe tobacco, and snuff.

      2.   Any Electronic smoking device.

      3.   Any component, part, or accessory of a tobacco product, whether or not it is sold separately.

   a.   Within 1,000 feet of any parcel occupied by a public or private school, a park, playground or library.

   b.   Within 500 feet of any parcel occupied by any other tobacco retailing business. (Ord. #2018-09, § 2)

   a.   Hookah lounges.

   b.   Vapor lounges.

   c.   Significant tobacco retailing businesses. (Ord. #2018-09, § 2)