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Danville City Zoning Code

ARTICLE 3

E: - OT-R, OLD TOWN RESIDENTIAL DISTRICT Urban Areas Single Family Residential District

A.- Purpose and Intent.

The OT-R, Old Town Residential District provides for single family residences which are compatible with the Comprehensive Plan's goals for harmonious new development, redevelopment, adaptive reuse, and revitalization in and around existing, older urban residential neighborhoods in Danville. The principle objective of the OT-R District is to maintain, reinforce and enhance the "sense of neighborhood" which exists in some of the best examples of the City's historic downtown residential areas and to promote new residential development of compatible scale, historic character and architectural massing. The average density of five (5.0) units per acre establishes this district as one encompassing a reasonably high density for single family detached, two family, and duplex residences served by public water and sewer, public streets with adequate drainage systems, street lighting, and sidewalks.

The application of the OT-R District is intended for undeveloped tracts in the downtown residential planning areas as well as infill lots situated within the City's urban residential environs. Properties subject to this district shall be developed with the objective of preserving existing historic and natural features, providing adequate public facilities and infrastructure, promoting excellence in site organization and landscape design, and encouraging housing with a compatible scale and character of architecture to that which is found in many of the City's stable urban neighborhoods.

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

B. - Permitted Uses.

1.

Single family detached dwellings.

2.

Accessory uses, limited to detached carport and garages, tool sheds, children's playhouses and play structures, and doghouses.

3.

Churches and places of worship.

4.

Home occupations.

5.

Public parks and playgrounds.

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

C. - Uses Permitted by Special Use Permit.

1.

Attached residential (townhouse dwellings).

2.

Duplex residential dwellings (one dwelling per subdivided lot).

3.

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

4.

Cemeteries.

5.

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

6.

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

7.

Day care centers (adult and child).

8.

Golf course, not including a miniature golf course.

9.

Group home.

10.

Libraries.

11.

Museums, historic sites and shrines.

12.

Nursery schools.

13.

Private swimming pools and tennis courts.

14.

Schools, colleges and universities (public or private).

15.

Public uses and utilities.

16.

Private clubs and lodges.

17.

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

18.

Storage lots for recreational vehicles (for residences within the OT-R District).

19.

Temporary real estate marketing offices for new subdivisions.

20.

Waiver of side yard requirement for accessory uses.

21.

Waiver of minimum lot size and width for single family detached residences located on infill lots with existing public street frontage.

22.

Zero lot line residential units (only permitted for new construction).

23.

Accessory building or accessory use without a primary building being located on the parcel.

24.

Family day care home.

25.

Transitional living shelter.

26.

Post-release housing.

27.

Agriculture.

28.

Urban agriculture.

29.

Reserved.

(Ord. No. 2004-02.04, Art. 3.E, § C, 2-17-04; Ord. No. 2012-08.02, 8-21-12; Ord. No. 2012-12.07, 12-18-12; 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.

Five (5.0) dwelling units per net developable acre.

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

E. - Lot Size Requirements.

1.

Minimum district size: Not regulated.

2.

Minimum lot area:

A.

Conventional single family lot: 6500 square feet.

B.

Duplex lot (1 attached unit/lot):

(1)

Interior lot: 4000 square feet.

(2)

Corner lot: 4500 square feet.

3.

Minimum lot width:

A.

Conventional single family lot:

(1)

Interior lot: 50 feet.

(2)

Corner lot: 60 feet.

B.

Duplex attached residential lot (1 attached unit per lot):

(1)

Interior lot: 35 feet.

(2)

Corner lot: 40 feet.

4.

Minimum lot depth:

A.

Conventional single family lot:

(1)

Interior lot: 100 feet.

(2)

Corner lot: 100 feet.

B.

Duplex attached residential lot (1 attached unit per lot):

(1)

Interior lot: 100 feet.

(2)

Corner lot: 100 feet.

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

F. - Bulk Regulations.

1.

Height:

A.

Residential building height: 35 feet (principal and accessory uses).

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: 50 feet.

D.

Accessory structures: 24 feet.

2.

Minimum yard requirements:

A.

Conventional single family lot:

(1)

Front yard: 20 feet, When there are buildings on the adjacent lots on both sides, the front yard shall not be required to be greater than the average of the front yards of the buildings on the adjacent lots. However, when one of the adjacent lots is vacant, the structure shall not be required to have a front yard greater than the average front yard of the existing buildings where forty (40%) or more of the frontage on one side of the street within the same block is improved with buildings. The side line of a building on a corner lot shall not be a factor in these calculations.

(2)

Interior side yard: 10 feet, unless a lot of record, then 6 feet.

(3)

Rear yard: 25 feet (residences).

5 feet (accessory uses)

B.

Duplex lot:

(1)

Front yard: 25 feet, except where forty percent (40%) or more of the frontage on one side of the street within the same block is improved with buildings, no building on that side of the street within the same block shall be required to have a front yard greater than the average front yard of the existing buildings. However, when there are buildings on the adjacent lots on both sides, the front yard shall not be required to be greater than the average of the front yards of the buildings on the adjacent lots. The side line of a building on a corner lot shall not be a factor in these calculations.

(2)

Interior side yard: 12 feet.

Street side yard: 20 feet. If a lot of record, then accessory building setback is 5 feet.

(3)

Rear yard: 25 feet (residences).

5 feet (accessory uses)

3.

A maximum floor area ratio equal to 0.25 shall apply to uses other than residential.

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

G. - Open Space.

1.

In subdivisions with 25 or more lots, 10% of the gross site area shall be open space dedicated to common usage and ownership, 50% of such area shall be developed as recreational and active community open space, as defined.

2.

If a subdivision with 25 or more lots is located within one-half mile of an existing City park, then the subdivision may apply to the Director of Planning/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.

No more than 40% of the dedicated open space shall consist of land classified as 100 year floodplain, stream valleys, wetlands, stormwater management and BMP facilities, slopes greater than 30% and/or drainage easements.

5.

All dedicated open space is regulated by landscaping requirements.

6.

In no instance shall open space credit be given for lands which are included in or reserved for public rights-of-way, private travelways, loading areas, required sidewalks or parking areas.

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

H. - OT-R District Subdivisions: Net Developable Area Calculation.

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.

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 OT-R District residential lot shall be designed in which an area more than 25% of the minimum lot area is comprised of one or more of the following physical land units: (a) slopes 30% or more, (b) wetlands, (c) 100-year floodplains, and (d) water features.

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

I. - Additional Regulations.

1.

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

2.

Refer to the FP-O, 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 OT-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, Article 10 for signage provisions, where applicable.

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