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Danville City Zoning Code

ARTICLE 3

C: - S-R, SUBURBAN RESIDENTIAL DISTRICT Single Family Residential District

A.- Purpose and Intent.

The S-R, Suburban Residential District is created to provide for single family detached residences at subdivision densities which are compatible with the Comprehensive Plan's goals for traditional suburban-scaled residential development in Danville. The average density of three units per acre establishes the S-R District as the City's medium density district for detached residences. The S-R district shall require public water and sewer service, public streets, and sidewalks as minimum subdivision improvements. Recognizing prevailing storm drainage deficiencies in and around the City, new subdivisions shall be constructed with a storm water conveyance system.

Cluster residential development shall be encouraged in the S-R District (by special permit) in order to promulgate the City's objectives for environmental preservation, architectural harmony and consistency, adequacy of open space and recreation areas, and enhanced quality neighborhood improvements in new residential subdivisions. Provisions are included herein to permit cluster subdivisions with densities up to two-thirds higher than conventional subdivisions.

The S-R District may be applied to both undeveloped tracts and existing stable neighborhoods in appropriate locations recognized by the Comprehensive Plan. The intent of the district shall be to preserve existing natural features and vegetation, promote excellence in site planning and landscape design, facilitate the efficient layout and orientation of public utilities and community infrastructure, and encourage housing with compatible scale and character of architecture. No more than one single family dwelling shall be permitted per subdivision lot. No lots shall be permitted with private domestic wells or septic systems.

(Ord. No. 2004-02.04, Art. 3.C, § A, 2-17-04; Ord. No. 2023-02.02, 2-7-23)

B. - Permitted Uses.

1.

Single family detached dwellings, with public water and sewer service.

2.

Accessory buildings and uses, limited to detached carport and garages, tool sheds, children's playhouses and play structures, doghouses, and accessory off-street parking and loading spaces.

3.

Churches and places of worship.

4.

Home occupations.

5.

Private swimming pools and tennis courts.

6.

Public parks and playgrounds.

7.

Yard sale and/or garage sale (temporary).

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

C. - Uses Permitted by Special Use Permit.

1.

Agriculture, forestry and horticultural uses of non-commercial nature.

2.

Attached residential (permitted only within zero lot line configuration-see #21 below).

3.

Bed and breakfast inn, or tourist home.

4.

Cemeteries.

5.

Cluster residential subdivisions.

6.

Commercial swimming pools and tennis courts (except as may be approved on a general development plan).

7.

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

8.

Day care centers (adult and child).

9.

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

10.

Group home.

11.

Libraries.

12.

Museums, historic sites and shrines.

13.

Nursery schools.

14.

Private clubs and lodges.

15.

Private community facilities, recreation uses and other common area improvements normally associated with a planned residential development limited to use by residents of the subdivision.

16.

Public uses and utilities.

17.

Storage lots for recreational vehicles.

18.

Schools, colleges and universities (public and private).

19.

Temporary real estate marketing offices for new subdivisions.

20.

Waiver of contiguous open space parcel requirement.

21.

Waiver of district size for cluster subdivisions.

22.

Waiver of side yard requirement to permit zero lot-line residential dwellings (only permitted for new construction). This option shall only be available under a cluster subdivision development, and as such, the total density may not exceed that which is allowed within cluster subdivisions.

23.

Accessory building (i.e., barn, stable, silo, corn crib, etc.) or accessory use without a primary building being located on the parcel.

24.

Family day care home.

25.

Wildlife rehabilitation center.

26.

Transitional living shelter.

27.

Post-release housing.

28.

Urban agriculture.

29.

Reserved.

(Ord. No. 2004-02.04, Art. 3.C, § C, 2-17-04; Ord. No. 2012-08.02, 8-21-12; Ord. No. 2012-12.07, 12-18-12; Ord. No. 2013-02.03, 2-19-13; Ord. No. 2013-06.01, 6-4-13; Ord. No. 2013-10.06, 10-17-13; Ord. No. 2015-07.05, 7-21-15; Ord. No. 2019-07.05, 7-2-19; Ord. No. 2023-04.06, 4-4-23; Ord. No. 2023-12.18, 12-19-23)

D. - Maximum Density.

1.

Conventional Subdivisions: Three (3.0) units per net developable acre.

2.

Cluster Subdivisions: Five (5.0) units per net developable acre.

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

E. - Lot Size Requirements.

1.

Minimum district size for cluster subdivisions: Five (5) acres.

2.

Minimum lot area:

A.

Conventional lot: 10,000 square feet.

B.

Cluster lot: 8000 square feet.

3.

Minimum lot width:

A.

Conventional lot:

(1)

Interior lot: 80 feet.

(2)

Corner lot: 100 feet.

B.

Cluster lot:

(1)

Interior lot: 60 feet.

(2)

Corner lot: 90 feet.

4.

Minimum lot depth:

A.

Conventional lot:

(1)

Interior lot: 120 feet.

(2)

Corner lot: 100 feet.

B.

Cluster lot:

(1)

Interior lot: 90 feet.

(2)

Corner lot: 90 feet.

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

F. - Bulk Regulations.

1.

Height:

A.

Residential building height: 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 thirty-five feet.

C.

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

D.

Accessory buildings: 24 feet.

2.

Minimum yard requirements:

A.

Conventional lot:

(1)

Front yard: 30 feet.

(2)

Interior and street side yards: 15 feet.

(3)

Rear yard: 30 feet.

5 feet (accessory uses)

B.

Cluster lot:

(1)

Front yard: 25 feet.

(2)

Interior and street side yards: 6 feet.

(3)

Rear yard: 25 feet, 5 feet (accessory uses).

C.

In addition to the above regulations, the yard requirements for uses and structures other than residential dwellings and residential accessory uses shall be further regulated by floor area ratio and lot coverage ratios. A maximum floor area ratio equal to 0.25 shall apply to such non-residential uses and structures, with a maximum percentage of lot coverage equal to 20%. The location of all such non-residential uses shall be subject to site plan approval.

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

G. - Landscaping, Open Space and Recreation Areas.

1.

In subdivisions approved for cluster development, twenty percent (20%) of the gross site area shall be common open space dedicated to common usage and ownership. Twenty-five percent (25%) of the required open space area shall be developed as active recreational and active community open space, as defined.

2.

In conventional subdivisions with 50 or more lots, ten percent (10%) of the gross site area shall be common open space dedicated to common usage and ownership. Fifty percent (50%) of the required common open space area shall be developed as active recreational and active community open space, as defined. If a subdivision with 50 or more lots is located within one-half mile of an existing City park, then the subdivision may apply to the Planning and Zoning Administrator for a waiver of the 50% recreational and active community open space requirement.

3.

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.

4.

For cluster and conventional subdivisions, no more than 40% of the required common open space shall consist of land classified as 100 year floodplain, stream valleys, wetlands, water features, stormwater management and BMP facilities, slopes greater than 30%, and/or drainage easements.

5.

Required open space shall be contiguous and shall occupy a single parcel within the subdivision unless otherwise approved by the Planning Commission.

6.

Open space credit shall not be given for lands which are included in or reserved for public rights-of-way or private travelways, loading areas, required sidewalks or parking areas. Sidewalks and parking areas designed for and devoted entirely to the provision of access to open space may be counted towards open space in net developable area computations.

7.

Open space shall be accessible to all residential lots within the subdivision via dedicated pedestrian access easements. Where bike and pedestrian trails intended for public use have been designated by the adopted Comprehensive Plan or the Capital Improvements Plan, access easements shall be provided, where appropriate, within the subdivision to link these trails to common open space areas. These access easements may be counted towards open space in net developable area computations.

8.

All open space shall be further regulated by landscaping requirements.

9.

All common open space, recreational areas and other common properties shall be preserved for their intended purpose as shown on the approved General Development Plan and shall be established by metes and bounds on the Final Subdivision Record Plat.

10.

Common open space, recreational areas and other common properties shall be owned, administered and maintained by a not-for-profit, property owners' association, provided, however, that a portion or all of such properties may be dedicated to the City subject to and at the sole discretion of the City for acceptance at time of plat recordation. Property owners' association by-laws, articles of incorporation and restrictive covenants shall be submitted with any application for subdivision plat approval. Prior to final approval of a subdivision plat including properties to be owned by a property owners' association, the City Attorney shall review and approve the bylaws, articles of incorporation and restrictive covenants.

11.

For open space, recreational areas and other common properties to be retained by the property owners' association of a subdivision, the initial developer/owner of the subdivision must establish the owners' association as a legal entity prior to the recordation of the final plat. Membership in the association shall be mandatory for all lot owners within the subdivision. The owners' association shall own all common open space and recreational facilities and shall provide for their perpetual administration, maintenance and operation.

12.

Common open space, recreational areas and other common properties are not subject to the street frontage requirements referred to in the General Regulations, Article 2.

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

H. - Conventional and Cluster Subdivisions: Net Developable Area Calculation.

1.

Notwithstanding governing lot size and yard regulations, the maximum number of lots for any conventional or cluster subdivision 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 chart 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.

Physical Land Unit Percent Credited Toward Net Acreage
Soils with high shrink/swell characteristics, as defined: 80%
Floodplains, wetlands, existing water features and streams: 0%
Stormwater management basins and structures: 0%
Above-ground 69 KV or greater transmission lines: 0%
Public rights-of-way: 0%

 

3.

No S-R District residential lot shall be designed in such a way that an area of more than 25% of the prescribed minimum lot area is comprised of one or more of the following physical land units: (a) slopes 30% or greater, (b) wetlands, (c) 100-year floodplains, and (d) water features.

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

I. - Additional Regulations.

1.

Refer to Landscaping and Screening Regulations for screening and buffer yard provisions.

2.

Refer to the Floodplain Zoning Overlay District, where applicable.

3.

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

4.

No private domestic well and septic systems shall be permitted.

5.

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."

6.

Refer to City's Design and Construction Manual for residential design standards and criteria.

7.

All uses within the S-R District shall require a General Development Plan for zoning amendment approval and a site plan for special use permit approval.

8.

Refer to Sign Regulations for signage provisions.

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