The TO-C, Transitional Office District is established to provide for the location of office and other non-retail uses in a low intensity development patterns. The district is intended to provide opportunities for offices and businesses within areas of Danville which are in transition from stable residential neighborhoods to more intensive, non-residential uses. In addition, the district is established for the purposes of selectively providing for well-planned non-residential land uses to be located between older residential neighborhoods and existing higher intensity non-residential areas, such as corridor commercial, shopping center commercial, downtown commercial and industrial areas. College, academic, and health care uses may be appropriate within this district. The district is not intended to promote the development of new residential dwellings.

While the district is not to be employed for "strip" rezoning, the TO-C District should be applied in those areas of the City where predominantly professional offices, non-retail businesses, and financial institutions are the principal uses. This would include locations in both newly developing areas and redeveloping older areas of the City which are subject to the pressures of adaptive reuse of existing structures, but where lot sizes are questionable for non-residential uses with onsite parking. In such instances, applicants will be encouraged to consolidate adjoining properties for the purpose of providing adequate land area for the intended use. As specifically related to new development patterns within the City, the district should be employed to implement planned professional and health care offices.

Minimum site improvements shall include adequate on-site parking, public water and sewer service, public street frontage and safe access, pedestrian improvements, storm drainage, stormwater management facilities, and outdoor lighting for parking areas.

(Ord. No. 2004-02.04, Art. 3.I, § A, 2-17-04)

1.

Accessory use, to include tool sheds, detached garages and carports, children's playhouses, doghouses and accessory off-street parking and loading spaces.

2.

Banks and financial institutions (without drive-thru facilities.)

3.

Bed and breakfast, inn, or tourist home (as defined).

4.

Catering service.

5.

Cemeteries.

6.

Churches and places of worship.

7.

Offices (general and professional).

8.

Day care facilities (adult and child).

9.

Funeral home.

10.

Home occupations.

11.

Hospital, nursing home, and medical care facility, inclusive of inpatient activities.

12.

Nursing home.

13.

Personal service establishments.

14.

Pharmacy.

15.

Schools, colleges and universities (public or private).

16.

Single family residential dwelling, provided that (a) the residential dwelling is existing as a conforming use as of the date of adoption of this ordinance, (b) said residential dwelling shall conform in all respects to the OT-R District and (c) there shall be no more than one single-family dwelling per lot.

17.

Studio for an artist, designer, writer, photographer, sculptor or musician.

18.

Child therapeutic day support services.

19.

Reserved.

(Ord. No. 2004-02.04, Art. 3.I, § B, 2-17-04; Ord. No. 2014-08.09, 8-19-14; Ord. No. 2019-07.05, 7-2-19; Ord. No. 2023-04.06, 4-4-23; Ord. No. 2023-12.18, 12-19-23)

1.

Accessory apartments, within a residential dwelling and limited to one rental apartment.

2.

Any use incorporating a drive-thru facility (including banks, financial institutions and fast food restaurants).

3.

Antique shops.

4.

Community facilities and uses.

5.

Congregate care facility.

6.

Cupolas, spires and steeples (for public and semi-public uses).

7.

Fast food restaurant.

8.

Golf course, but not including a par 3 course, miniature golf course or driving range.

9.

Group home.

10.

Offices with retail sales, limited to interior display and sales of high technology, scientific, electronic, health care, medical or biomedical equipment of a type not customarily retailed to the general public, provided that there shall be no exterior or storefront displays.

11.

Parking lots (private or public, off-street as a principal use).

12.

Private clubs and lodges.

13.

Public uses and utilities.

14.

Residential apartments, as an ancillary use within a commercial structure and limited to four (4) rental apartment units per structure.

15.

Restaurant.

16.

Waiver of lot size requirements.

17.

Waiver of maximum floor area ratio of 0.25.

18.

Waiver of maximum building height regulations.

19.

Waiver of minimum yard requirements.

20.

Homeless shelter.

21.

Transitional living shelter.

22.

Post-release housing.

23.

Museum.

24.

Hotel/motel.

25.

Waiver to maximum sign area.

26.

Retail sales, limited to interior and storefront displays. There shall be no exterior display or storage.

(Ord. No. 2004-02.04, Art. 3.I, § C, 2-17-04; Ord. No. 2009-11.07, 11-5-09; Ord. No. 2013-06.01, 6-4-13; Ord. No. 2013-10.06, 10-17-13; Ord. No. 2013-11.05, 11-19-13; Ord. No. 2019-08.02, 8-8-19; Ord. No. 2019-12.03, 12-3-19; Ord. No. 2024-04.02, 4-2-24)

1.

Non-residential uses and accessory residential uses shall be regulated by floor area ratio. A maximum floor area ratio equal to 0.25 shall apply to non-residential uses and structures.

2.

Residential dwellings: Subject to S-R District regulations for existing, conforming residential dwellings as of the date of adoption of this ordinance.

(Ord. No. 2004-02.04, Art. 3.I, § D, 2-17-04)

1.

Minimum district size: Not regulated.

2.

Minimum lot area: 16,000 square feet.

3.

Minimum lot width:

A.

Interior lot: 100 feet.

B.

Corner lot: 125 feet.

4.

Minimum lot depth: 125 feet.

5.

No TO-C District lot shall be designed or employed for use in which an area more than 25% of the prescribed minimum lot area is comprised of either of the following physical land units: (a) wetlands and (b) water features.

(Ord. No. 2004-02.04, Art. 3.I, § E, 2-17-04)

1.

Height:

A.

Maximum building height: 35 feet, provided that building heights may be increased by special permit up to a maximum height of 50 feet if one (1) additional foot of yard setback is provided for each one (1) foot in building height over 35 feet.

B.

Public or semi-public building: 45 feet, provided that required front, rear and side yards shall be increased by 1 foot for each foot of height over 45 feet.

C.

Cupolas, spires and steeples: 90 feet, by special permit.

D.

Accessory buildings: 24 feet.

2.

Minimum yard requirements:

A.

Front yard: 25 feet, provided that no parking is located within a front yard. If parking is provided in a front yard, the front yard shall be the depth of the parking plus 25 feet.

B.

Interior and street side yard: 15 feet, without parking in those yards. If parking is in an interior or street side yard, the required setback is the parking area width plus 15 feet. If the property's interior side yard abuts a residential zoning district, then the required setback is 20 feet.

C.

Rear yard: 25 feet, provided that no parking is located within a back yard. If parking is provided in a back yard, the back yard shall be the depth of the parking plus 25 feet.

Rear yard (accessory uses): 5 feet.

D.

Maximum lot coverage for non-residential uses: The maximum percentage of lot coverage for a non-residential structure shall not exceed twenty-five (25) percent. The location of all such structures and uses shall be subject to site plan approval.

(Ord. No. 2004-02.04, Art. 3.I, § F, 2-17-04; Ord. No. 2022-02.01, Exh. A, 2-1-22)

1.

Twenty percent (20%) of the gross lot area shall be landscaped open space.

2.

Stormwater management basins and structures and BMP facilities may be counted towards the minimum open space requirement provided that these basins, structures, and facilities include the appropriate landscaping and maintenance in accordance with the Landscape and Screening Regulations.

(Ord. No. 2004-02.04, Art. 3.I, § G, 2-17-04)

1.

Notwithstanding governing lot size and yard regulations, the maximum use intensity for any conventional subdivision or lot shall be calculated based on existing land conditions. The yield of a subdivision shall be based on its net developable area, with adjustment factors for physical land units as specified in the table in the following section.

2.

The subdivision plat and/or site plan for a project shall graphically depict the location and area for the physical land units as outlined herein below. A calculation of the net developable area shall be required for all subdivision and site plan submissions.

(Ord. No. 2004-02.04, Art. 3.I, § H, 2-17-04)

1.

Refer to the Floodplain Zoning Overlay District, where applicable.

2.

All non-dining-related business services and storage shall be conducted within the principal structure which is to be completely enclosed. Patio dining shall be allowed as part of restaurant uses.

3.

Refer to Landscaping and Screening Regulations for additional yard buffer requirements related to frontage landscape, parking lots, and screening.

4.

Refer to Parking and Loading Requirements for parking regulations:

a.

Parking for non-residential uses shall be governed by the parking and loading requirements for that use.

b.

Parking for a non-residential use shall not be permitted within the front yards of any lot, except as provided for in subsection F.2.A hereinabove.

c.

No parking shall be permitted within a yard setback line, except as provided for in subsection F.2.B. hereinabove.

d.

Recreational vehicle parking shall not be permitted within a front yard and side yard.

5.

Refer to Sign Regulations for signage provisions.

6.

Any subdivision or lot which is proposed to be developed on shrink/swell soils shall require a geotechnical report to be submitted with the preliminary plat and plans. Such report shall be prepared by a registered professional engineer and shall address the feasibility of development on the subject soils. No subdivision plat or site plan shall be approved for final recordation until a foundation engineering report has been reviewed by the City.

All recorded plats for lots containing shrink/swell soils shall bear the following note: "This lot contains shrink/swell soils which require special engineering design for foundations and structural elements. No structure will be approved for issuance of a building permit until a foundation engineering design prepared by a certified professional engineer has been approved for the proposed structure."

7.

Refer to the City's Design and Construction Standards Manual for additional regulations.

8.

All uses within the TO-C District shall require a General Development Plan for rezoning approval and a site plan for special permit or lot development approval.

9.

All refuse shall be contained in completely enclosed facilities. Refuse containers and refuse storage shall be located in a paved area and screened from public view by means of fences, wall or landscaping.

(Ord. No. 2004-02.04, Art. 3.I, § I, 2-17-04)