The Neighborhood Commercial District is established to provide for selected locations in the City for neighborhood and convenience retail shopping facilities. Retail uses in the N-C District shall serve localized neighborhood shopping patterns, with the purpose of these establishments to provide good and necessities that usually require frequent purchasing with a minimum of consumer travel per shopping trip. Building size and intensity is governed to ensure appropriate scale and lot coverage within the district: Individual businesses are limited to 3,000 square feet of floor area per establishments and not to exceed 12,000 square feet per building, with a floor area ratio of 0.30.

The N-C District is not intended to create a retail market environment which is competitive with other City commercial areas, but, rather, is intended to accommodate existing and future neighborhood and convenience retail uses at locations compatible with those recognized by the Comprehensive Plan. The district is aimed at providing opportunities for individual neighborhood-styled businesses which, historically, have not been located in Danville within traditional strip shopping centers, regional shopping malls or in downtown commercial areas.

Minimum site improvements for uses within the N-C District 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.J, § A, 2-17-04)

Permitted uses shall be those in the following categories which do not exceed (1) 3,000 sq. ft. in gross floor area per establishment, (2) 12,000 sq. ft. gross floor area per building. (3) or a floor area ratio (FAR) of 0.30 per lot.

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.

Business service and office supply establishments.

5.

Churches and places of worship.

6.

Convenience stores (without gasoline services).

7.

Offices (general and professional).

8.

Personal service establishments.

9.

Public uses.

10.

Retail sales (excluding automobiles, boats, recreational vehicles, mobile homes, farm equipment and the like).

11.

Studios for artists, photographers or sculptors.

12.

Bicycle shop.

13.

Adult day support services.

14.

Child therapeutic day support services.

15.

Reserved.

16.

Reserved.

(Ord. No. 2004-02.04, Art. 3.J, § B, 2-17-04; Ord. No. 2009-12.08, 12-15-09; Ord. No. 2011-10.05, 10-18-11; Ord. No. 2013-06.01, 6-4-13; Ord. No. 2014-08.09, 8-19-14; Ord. No. 2019-07.05, 7-2-19; Ord. No. 2021-07.07, 7-6-21; Ord. No. 2022-02.03, Exh. A, 2-1-22; Ord. No. 2023-04.06, 4-4-23)

1.

Any use which has drive-in facilities.

2.

Commercial recreational establishments (limited to indoor uses).

3.

Convenience stores (with gasoline sales).

4.

Day care facilities (adult and children).

5.

Fast-food restaurants.

6.

Funeral homes.

7.

Gasoline sales establishments (with no repair services and no outdoor vehicle storage).

8.

Private post office and delivery service establishments.

9.

Public and private schools and colleges.

10.

Public utilities.

11.

Plant nurseries.

12.

Repair service establishments (non-motor vehicle related and without outdoor service).

13.

Restaurants.

14.

Schools, colleges and universities, public or private.

15.

Use which exceeds 3,000 sq. ft. in gross floor area or a floor area ratio of 0.30 (excluding retail sales).

16.

Waiver of yard requirements.

17.

Caretaker's residence.

18.

Homeless shelter.

19.

Microbrewery or micro-winery.

20.

Urban agriculture.

21.

Distillery.

22.

Waiver to maximum sign area.

23.

Automobile and light vehicle repair establishments (within completely enclosed structures with screened outdoor storage).

(Ord. No. 2004-02.04, Art. 3.J, § C, 2-17-04; Ord. No. 2008-07.04, Art. 3.J, § C, 7-15-08; Ord. No. 2009-11.07, 11-5-09; Ord. No. 2011-10.05, 10-18-11; Ord. No. 2012-11.09, 11-20-12; Ord. No. 2016-04.03, 4-5-16; Ord. No. 2017-08.01, 8-3-17; Ord. No. 2019-12.03, 12-3-19; Ord. No. 2024-02.01, 2-6-24)

1.

Minimum district size: Not regulated, provided that districts should be located, sized and spaced to limit potential "strip" development impacts.

2.

Minimum lot area:

(1)

Interior lot: 10,800 square feet.

(2)

Corner lot: 12,000 square feet.

3.

Minimum lot width:

(1)

Interior lot: 90 feet.

(2)

Corner lot: 100 feet.

4.

No N-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.J, § D, 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 use: 24 feet.

2.

Minimum yard requirements:

A.

Front yard: 25 feet, parking may be located within a front yard if the N-C-zoned property is adjacent to a property zoned in one of the following districts: TO-C, HR-C, PS-C, CB-C, or TW-C. If parking is provided in a front yard, the front yard shall include a five (5) foot landscape buffer.

B.

Interior and street side yards: 15 feet. Parking: Parking is allowed in an interior or street side yard if the property is adjacent to a property zoned TO-C, HR-C, PS-C, CB-C, or TW-C and includes a 2.5-foot landscape buffer. If the property's interior side yard abuts a residential zoning district, then the required setback is 20 feet.

C.

Rear yard: 25 feet, parking may be located within a rear yard if the N-C-zoned property is adjacent to a property zoned in one of the following districts: TO-C, HR-C, PS-C, CB-C, or TW-C. If parking is provided in a rear yard, the yard shall include a 2.5 foot landscape buffer.

Rear yard (accessory uses): 5 feet.

3.

Maximum floor area ratio: 0.30.

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

1.

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.J, § F, 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.J, § G, 2-17-04)

1.

Refer to Landscaping and Screening Regulations for parking lot landscaping, rear lot screening, buffer yards, and related landscape architecture provisions.

2.

Refer to Sign Ordinance for signage provisions.

3.

Refer to Off-Street Parking for parking regulations.

4.

All uses shall be subject to site plan approval.

5.

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.

6.

For any use which is adjacent to uses which may be adversely affected by the creation of a new curb cut on a public street or highway, such use will require a special use permit.

7.

On a corner lot, no curb cut shall be located closer than 50 feet to the right-of-way line extended from the intersecting street.

8.

No curb cut shall be located closer than 15 feet to a side or rear lot line, unless a common curb cut serves adjacent uses, and in no instance shall the distance between separate curb cuts serving adjacent uses be less than 50 feet.

9.

A freestanding use shall have no more than two curb cuts on any single right-of-way, and such curb cuts shall have a minimum distance of 100 feet between them.

10.

In addition to landscaping and screening requirements, there shall be a minimum landscaped buffer strip of five (5) feet in depth along all N-C District property frontage. This buffer area may include the yard setbacks described in subsection E. Bulk Regulations of this district. No parking is permitted within the buffer strip.

11.

Where a lot is contiguous to property located in a residential district, fencing may be required in addition to landscape buffers in such cases deemed necessary by the Planning Commission with fence material and heights subject to final plan approval.

12.

Gasoline pump islands, canopies and structural elements shall be governed by the same regulations as applied to a principal structure.

13.

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 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."

14.

All retail-sales-related business services, storage, and display shall be conducted within the principal structure which is to [be] completely enclosed.

(Ord. No. 2004-02.04, Art. 3.J, § H, 2-17-04; Ord. No. 2011-10.05, 10-18-11)