Docstoc

CITY OF DAYTON

Document Sample
CITY OF DAYTON Powered By Docstoc
					                        ORDINANCE NO. 2010-01

                   CITY OF DAYTON
      HENNEPIN AND WRIGHT COUNTIES, MINNESOTA

      AN ORDINANCE AMENDING THE DAYTON CODE
      REGARDING BUSINESS DISTRICTS, INDUSTRIAL
       DISTRICTS, REQUIREMENTS FOR USES AND
               PARKING REGULATIONS

THE CITY COUNCIL OF THE CITY OF DAYTON,
MINNESOTA ORDAINS AS FOLLOWS:

        SECTION 1. REPEAL. City Code §1001.06 is hereby repealed in
its entirety.

     SECTION 2. AMENDMENT. The Dayton City Code is hereby
amended by adding Section 1001.06 as follows:

1001.06. BUSINESS DISTRICT SPECIAL REQUIREMENTS

Subd. 1. Special Requirements And Performance Standards In All Business
Districts.

(A)    Building Design and Materials. The architectural appearance, including building
       character, permanence, massing, density and composition, scale, construction
       materials, and functional plan of all principal buildings shall comply with the
       Comprehensive Plan. Building materials shall be attractive in appearance, of a
       durable finish, and be of a quality that is compatible and designed to enhance the
       lot, the neighborhood and the community. All buildings shall be of good aesthetic
       and architectural quality to ensure they will maintain and enhance the property
       values of neighboring properties and not adversely impact the community’s public
       health, safety and general welfare.

       1.     Design Elements. The building design must include architectural interest
       through the use of a minimum of three (3) of the following elements:

              a.     Accent materials;

              b.     A visually pleasing front entry that, in addition to doors, shall be
              accented a minimum of one hundred fifty (150) square feet around the
       door entrance for single occupancy buildings and a minimum of three
       hundred (300) square feet total for the front of multi-tenant buildings (this
       area shall be counted as one element);

       c.      Twenty five percent (25%) window coverage on each front that
       faces a street;

       d.      Contrasting, yet complementary material colors;

       e.      A combination of horizontal and vertical design features;

       f.      Irregular building shapes; or

       g.      Other architectural features in the overall architectural concept.


2.     Other Design Requirements.

       a.      All principal buildings shall have an entry on a street;

       b.      Buildings shall provide a base and top to their architecture;

       c.     The tops of buildings shall be articulated to minimize “box” like
       images;

       d.      Buildings shall be architecturally unique sand shall not be of a
       corporate architecture (including roof patterns, corporate colors,
       architectural elements, and similar treatments).

3.      Accent Materials. Accent materials shall be wrapped around walls visible
from public view. Painting shall not be substituted for visual relief, accenting, or
a required element. Walls shall be articulated thus no wall shall exceed one
hundred feet (100’) in length without visual relief. Visual relief may be defined
as the incorporation of design features such as windows, horizontal and vertical
patterns, contrasting material colors, or varying wall depths. Use of fiber cement
trim, soffit and fascia shall be allowed as accent materials.


4.      Major Exterior Materials. Major exterior materials of all walls including
face brick, stone, glass, stucco, synthetic stucco, fiber cement vertical panel
siding, architectural concrete and precast panels shall be acceptable as the major
exterior wall surface when they are incorporated into an overall design of the
building. Stucco, synthetic stucco or fiber cement vertical panel siding shall not
be allowed within twenty four inches (24”) inches from grade. Architectural
metal may be considered with matt finish and with neutral or earth tone colors.
Fiber cement seam lines shall be architecturally integrated into the building



                                     2
      design so that they are not visible. Seam lines can be filled, covered by other
      accent material or other method thereby making the seam lines invisible. Color
      impregnated decorative block shall also be allowed as a major exterior wall
      material, and shall be required to be sealed. All materials shall be color
      impregnated with the exception of allowing architectural concrete precast panel
      systems and fiber cement siding to be painted. Painting shall not be allowed on
      color impregnated, major exterior materials. Request for approval of cast in place
      systems shall be through a Conditional Use Permit or Planned Unit Development,
      whichever is deemed appropriate by City staff. If the architectural precast panel
      systems are painted, they shall be properly prepared and maintained regularly to
      prevent peeling, stripping, shading or any other form of deterioration or
      discoloration. Proof of manufacturer’s painting specifications shall be supplied
      prior to issuance of a building permit.

      5.      Restricted Exterior Materials. Unadorned pre-stressed concrete panels,
      whether smooth or raked, nondecorative concrete block, sheet metal, corrugated
      metal or unfinished metal shall not be used as exterior materials. This restriction
      shall apply to all principal structures and to all accessory buildings except those
      accessory buildings not visible from any property line. No more than twenty five
      percent (25%) of any exterior wall on a building shall be fiber cement siding,
      wood or metal accent material.

      6.      Roofs. Roofs which are exposed or an integral part of the building
      aesthetics shall be constructed only of commercial grade asphalt shingles, wood
      shingles, standing seam metal, slate, tile, or copper. Flat roofs, which are
      generally parallel with the first floor elevation, are not subject to these material
      limitations.

      7.      Building and Roofing Materials. All building and roofing materials shall
      meet current accepted industry standards, and tolerances, and shall be subject to
      review and approval by the City Planner for quality, durability, and aesthetic
      appeal. For all new buildings and building exterior renovations, the applicant
      shall submit to the City product samples, color building elevations, and associated
      drawings which illustrate the construction techniques to be used in the installation
      of such materials. Building and roofing materials not specifically approved in this
      Section may be allowed by a Conditional Use Permit or Planned Unit
      Development only after it is demonstrated that the proposed material is equal to or
      better than approved materials. The long-range maintenance of the proposed
      material shall be incorporated as a condition of the approval and filed on the
      property.

(B)   Trash and Recyclable Materials. All trash, recyclable materials, and trash and
      recyclable materials handling equipment shall be stored within the principal
      structure; one hundred percent (100%) screened from public view by the principal
      building; or stored within an accessory structure constructed of building materials
      compatible with the principal structure enclosed by a roof, and overhead door on



                                            3
      tracks. Compactors shall be one hundred percent (100%) screened from eye level
      view from public streets and adjacent properties. Existing uses shall comply with
      the enclosure requirements listed in this Section within six (6) months of
      receiving notice from the City. For the purposes of this Section, "trash" means
      "mixed municipal solid waste" as defined under section 1001.03 Subd 2 of the
      City Code.

(C)   Off Street Parking. Design and maintenance of off street parking areas in
      accordance with section 1001.19 of this title.

(D)   Accessory Structures. Garages, accessory structures, screen walls and exposed
      areas of retaining walls shall be of a similar type, quality and appearance as the
      principal structure.

(E)   Building Mechanical Equipment. The view of all rooftop equipment and related
      piping, ducting, electrical and mechanical utilities abutting a street on buildings
      constructed after January ---shall be screened from the ground level view.
      Screening may include parapet walls, penthouses, or other architecturally
      integrated elements. Wood fencing or chain link with slats shall not be used for
      screening. The term ‘ground level view’ shall be defined as the view of the
      building from the furthest point of the width of the right-of-way from the property
      line(s) that abut a street. A cross-sectional drawing shall be provided that
      illustrates the sight lines from the ground level view. For buildings constructed
      prior to January 1, 2010 replacement of existing units, remodeling, and building
      expansions, the ground level view of all rooftop equipment and related piping,
      ducting, electrical and mechanical utilities shall be painted to match the building,
      designed to be compatible with the architectural treatment of the principal
      structure or screened by the use of parapet walls. Wood fencing shall not be used
      for screening.

(F)   Ground Mechanical Equipment. Ground mechanical equipment shall be one
      hundred percent (100%) screened from contiguous properties and adjacent streets
      by opaque landscaping, or a screen wall shall be provided to be compatible with
      the architectural treatment of the principal structure.

(G)   Outdoor Storage. There shall be no outdoor storage of either materials or
      products, except through the issuance of a conditional use permit.

(H)   External Loading and Service Areas. External loading and service areas must be
      one hundred percent (100%) screened from the ground-level view from
      contiguous residential or commercial properties and adjacent streets, except at
      access points.

(I)   Abutting Districts. Wherever a B Business District abuts, or is across the street
      from an R Residential District, a berm, fence or compact evergreen trees or hedge
      or combination thereof, not less than ninety percent (90%) opaque at time of



                                            4
      installation, nor less than six feet (6') in height, except adjacent to a street where it
      shall be not less than three feet (3') nor more than four feet (4') in height shall be
      erected and maintained. All screening shall comply with Section 1001.18 Subd. 2
      (5) of this title.

(J)   Headlight Screening. The light from automobile headlights and other sources
      shall be one hundred percent (100%) screened whenever it may be directed onto
      adjacent residential window.

(K)   Pedestrian Environment. Pedestrian connections to the surrounding neighborhood
      shall be incorporated into neighborhood commercial development.

        1.   Pedestrian amenities shall be included in places where people typically
        gather, including but not limited to, transit stops, building entrances or street
        corners or abutting bike or pedestrian trail connections. These spaces must
        include at least two of the following:


              a.      Patterned materials on walkways
              b.      Shelters
              c.      Trash receptacles
              d.      Drinking fountains
              e.      Pedestrian lighting
              f.      Fountains, sculptures, mobiles, kiosks, or banners
              g.      Street trees, flower boxes, or container landscaping

        2.    Sidewalk connections shall be provided to and through the development to
        existing and planned bus stops, trails, sidewalks, and adjacent properties, where
        access exists or reasonable connections are possible. If a parking lot lies
        between the building entry and an adjacent public street, a pedestrian walkway
        at least six feet wide shall be provided between them. Clear internal pedestrian
        circulation routes shall be provided on the site.

Subd. 2. Special Requirements And Performance Standards In B-2; B-3; And B-4
Districts.

(A)   Motor fuel stations shall be subject to the following standards:

      1.      Motor fuel facilities shall be installed in accordance with State and City
      standards. Additionally, adequate space shall be provided to access gas pumps
      and to allow maneuverability around the pumps. Underground storage tanks are
      to be positioned to allow adequate access by motor fuel transports and unloading
      operations which do not conflict with circulation, access and other activities on
      site. Fuel pumps shall be installed on pump islands.




                                             5
      2.     The total height of any overhead canopy or weather protection shall not
      exceed twenty feet (20') in height.

      3.     No sales or rental or motor vehicles or trailers or campers shall be
      permitted.

      4.     All goods for sale by a motor fuel station convenience store other than
      petroleum based products required for the operation and maintenance of motor
      vehicles shall be displayed within the principal motor fuel station structure.

      5.     Each motor fuel station shall be compatible with the area in which it is
      located.

      6.      A minimum ten foot (10') landscaped yard shall be planted and maintained
      behind the property line along all public streets. A landscaped yard not less than
      five feet (5') wide shall be maintained along exterior property lines.

      7.     Motor fuel dispensers shall be located at least thirty feet (30') from a
      property line, and one hundred feet (100') from an R- District property lines.

      8.     Structures shall be set back:

             Front           30 (60) feet
             Side            30 (50) feet
             Rear            30 (50) feet

      Setbacks in parentheses apply to lot lines adjacent R-Districts.

      9.      All canopy lighting for motor fuel station pump islands shall be recessed
      or fully shielded. Illumination levels for pump islands shall comply with the
      lighting standards of Section 1001.14.

      10.      Litter Control. The operation shall be responsible for litter control within
      three hundred (300) feet of the premises and litter control is to occur on a daily
      basis. Trash receptacles must be provided at a convenient location on site to
      facilitate liter control.

      11.     The hours of operation shall be limited to 7:00 a.m. and 10:00 p.m. for
      motor fuel stations located in the B-2 district unless extended by the City Council
      as part of the Conditional Use Permit.

(B)   Accessory Car Wash and Vacuums.

      1.     No more then one car wash bay shall be allowed.




                                             6
      2.     The car wash shall be designed to be an integral part of the principal
      building, and may not be a separate freestanding structure.

      3.       The site shall provide stacking space for the car wash. The amount of
      stacking space shall take into account the type of car wash and the amount of time
      it takes to wash a vehicle. Stacking spaces shall not interfere with parking spaces
      or traffic circulation.

      4.      The exit from the car wash shall have a drainage system which is subject
      to the approval of the City and gives special consideration to the prevention of ice
      build-up during winter months.

      5.     Neither the car wash or accessory vacuum shall be located within three
      hundred (300) feet of any residentially zoned or guided property, unless
      completely screened by a building or located across an arterial or major collector
      roadway from residentially zoned or guided property.

      6.      Both the car wash and accessory vacuum shall conform to noise
      regulations as defined in Section 1001.14

(C)   Multiple tenant retail sales and service facilities shall be subject to the following
      standards:

      1.     The physical design may include more than one building. If there is an
      open space between two (2) buildings, the space shall not be less than one-half
      (½) the sum of the heights of the two (2) buildings.

      2.     No building shall be nearer than sixty feet (60') to any exterior lot line
      except when abutting or across the street from an R District in which case the
      minimum distance shall be one hundred feet (100').

      3.     The design shall include adequate internal circulation drives not less than
      twenty four feet (24') in width which are exclusive of the required parking areas.

      4.       The driveway curb cuts to the development shall not exceed twenty six
      feet (26') in width and be located not less than sixty feet (60') from all intersecting
      streets.

(D)   Incidental Outdoor seating for food service businesses.

      1.      Food service businesses, including but not limited to, bakeries,
      delicatessens, coffee and/or tea shops, and restaurants, may provide outdoor
      temporary seating for their patrons, provided that the following requirements are
      met and an annual incidental outdoor seating permit is approved by the City
      Planner:




                                             7
a.   The seating shall be located on private property.

b.   The seating shall be of good patio or café type furniture that
     enhances the appearance of the business.

c.   The outdoor seating area shall be defined with the use of
     landscaping, temporary fencing or other means that contains the
     tables and chairs for the use as demonstrated on a site plan and
     approved by City staff.

d.   No alcoholic beverages or food shall be served to persons outside
     of the designated outdoor seating area. Signage shall be posted
     that restricts consumption of alcohol outside of the designated
     outdoor seating area as approved by City staff.

e.   Patrons shall access the outdoor seating area through the main
     entrance or host station and shall be seated by a staff person and all
     full service restaurants with wait staff service.

f.   The seating shall be located so as not to compromise safety.
     Seating shall not obstruct the entrance or any required exits or be
     located on landscaping or parking areas. If located on private
     sidewalks or walkways, seating shall be located so as to leave a
     minimum of a four foot (4’) wide passageway for pedestrians.

g.   No additional parking is required for thirty (30) seats or less. If
     public parking is available either in a ramp or adjacent on-street,
     then no additional parking is required. Any additional seating over
     thirty (30) seats shall provide required parking based on one (1)
     space per three (3) seats. Shared parking will be considered and
     may be approved by staff.

h.   Any proposed outdoor seating plan over fifty (50) or more seats
     shall be by Conditional Use Permit.

i.   All exterior sound equipment shall be shutoff at 10:00 p.m. as
     regulated in Section 1001.14.

j.   Lighting shall be permitted to the extent that it only illuminates the
     designed area. Lighting cannot shine or cause a glare upon other
     public or private property outside the designated area or as
     permitted in Section 1001.14.

k.   Any proposed outdoor seating area on property abutting an R-
     Residential zoning district shall be by Conditional Use Permit.




                           8
             l.      The business owner shall regularly clean the seating area so that it
                     is litter-free.


Subd. 3. Special Requirements and Performance Standards In All B-3 And B-4
Districts.

(A)   Office-warehouse facilities, office and wholesale showroom and multi-tenant
      warehouse facilities shall be subject to the following standards:

      1.      The facility must front on and have direct access onto a minor arterial or
      higher classification level street.

      2.      No such use shall be allowed in an office-warehouse or tenant space of an
      office-warehouse facility where noise associated with loading activities or
      business operations is audible from adjacent residential areas.

      3.       Each office-warehouse or wholesale showroom building shall be
      architecturally designed and constructed with permanent finished building
      materials so as to be compatible with adjacent development and the City's
      building standards. The overall appearance of the building shall be that of an
      office rather than a warehouse.

      4.      The allowable percentage of floor area devoted to the office function shall
      be established at the time of approval and ample space be allotted on the site to
      accommodate the parking area required to service it.

      5.       All loading and service areas should be one hundred percent (100%)
      screened from public view and service traffic separated from employee/visitor
      traffic. Whenever such developments abut residential districts, their interior road
      patterns shall be arranged in such a way as to route service vehicle traffic away
      from residential neighborhoods.


(B)   Open Storage Lots shall be subject to the following standards:

      1.     Shall have permanent structure on the parcel.

      2.      Shall be one hundred percent (100%) screened, at a minimum of six feet
      (6’) in height, at time of installation from street level view around the perimeter of
      the open storage area by means of a combination of fencing, landscaping,
      berming, and building placement.

      3.      Developer shall submit site plans and sections illustrating sightlines from
      grade level view of properties and public view through the conditional use permit
      process.



                                            9
      4.     All lighting shall comply with the requirements in Section 1001.14.

      5.    Fifty percent (50%) of the open storage area shall consist of pervious
      pavement, if soils permit as approved by the City Engineer.

      6.     All non-storage parking area shall comply with the parking lot landscape
      requirements in Section 1001.19.

      7.       Delivery and loading hours shall be limited to 7:00 a.m. to 10:00 p.m. for
      all open storage lots abutting a residential property line. Delivery trucks shall not
      be left idling for long periods of time.

(C)   Open Sales Lots (motor vehicles sales, recreational vehicle sales lot) shall be
      subject to the following standards:

      1.     Shall have permanent structure on parcel.

      2.     Headlights shall be one hundred percent (100%) screened from adjacent
             property lines.

      3.     Parking lot landscaping shall comply with Section 1001.19.

      4.     Shall be one hundred percent (100%)screened, at a minimum of six feet
             (6’) in height, at time of installation, from abutting residential property
             lines, by means of a combination of fencing, landscaping, berming, and
             building placement.

      5.     Open rental and sales lots shall only be considered for vehicles of a
             noncommercial nature.

      6.     No car auctions shall be permitted on site.

      7.     No outdoor speaker systems shall be permitted.

      8.     All parking spaces in excess of minimum required, including sale display
             and sales storage areas shall be pervious pavement if soils permit based on
             City Engineer review.

      9.     All lighting shall comply with the requirements in Section 1001.14.

      10.    Delivery and loading hours shall be limited to 7:00 a.m. to 10:00 p.m. for
             all open storage lots abutting a residential property line. Delivery trucks
             shall not be left idling for long periods of time.

(D)   Mini Storage Facilities.



                                            10
       1.    All loading and service areas should be one hundred percent (100%)
             screened, at a minimum of six feet (6’) in height, from public view.
             Whenever such developments abut residential districts, their interior road
             patterns shall be arranged in such as way as to route traffic away from
             residential districts.

       2.    All dock, service and other business doors of the storage facility shall be
             kept closed during all hours of business operations.

Subd 4. Special Requirements and Performance Standards In B-2 Neighborhood
District.

(A)    Maximum building height: Thirty feet (30’).

(B)    Maximum building size: Fifteen thousand (15,000) square feet. More than one
       building may be built on a site. Maximum building size of up to thirty thousand
       (30,000) square feet allowed by conditional use permit.

(C)    Roofs shall be pitched, mansard, or other roof types commonly found in the
       adjacent residential area.

(D)    Freestanding signs - Monument signs only, with a maximum height of six feet
       (6’) allowable.

     SECTION 3. AMENDMENT. The Dayton City Code is hereby
amended by adding Section 1001.061 as follows:

1001.061. BUSINESS DISTRICTS

Subd. 1. B-1- Office Business District

(1)     Intent. The purpose of the B-1, Office Business District is to provide areas
appropriate for office and service uses and uses that are compatible with commercial
offices. A range of public and medical, educational uses shall be available in the B-1
areas.

(2)    Permitted Uses. The following uses are permitted uses in the B-1 District:

Agricultural uses existing at the time of adoption this ordinance amendment.

Antennas mounted on an existing structure, not exceeding fifteen feet (15’) above the
highest point of the structure, as regulated by section 1001.21 of this Title.

Art studio, interior decorating studio, photographic studio, music studio provided no
retail sales are made of products not manufactured on the site.


                                            11
Banks, credit unions and other financial institutions without drive-up tellers.

Day care or preschool center

Essential Services including, but not limited to, buildings such as telephone exchange
stations, booster or pressure stations, elevated tanks, wells and pumping stations, lift
stations and electric power substations.

Funeral Homes and mortuaries.

Government buildings where the use conducted is customarily considered to be an office
use.

Health/athletic clubs (within a principle building)

Laboratories- medical and dental

Offices, administrative/commercial

Offices/clinics for medical, dental or chiropractic services.

Private clubs/lodges

Religious institutions

Research centers

Schools, academies, colleges, universities, libraries.

Therapeutic massage


(3)    Permitted Accessory Uses. The following uses are permitted accessory uses in
the B-1 District:

Any incidental repair or processing necessary to conduct a permitted principal use.

Buildings temporarily located for purposes of construction on the premises for a period
not to exceed time necessary to complete construction.

Essential service structure.

Bus/Transit stations

Private garages, off-street parking and loading spaces as regulated in this Title.



                                             12
Public telephone booths.

Signs as regulated in this Title.

Single satellite earth station antenna two meters (2 m) or less in diameter and single
antenna designed to receive direct broadcast services or multichannel multipoint
distribution services one meter (1 m) or less in diameter and antennas designed to receive
television broadcast signals, as regulated in Section 1001.21 of this Title.

Tenant restaurants, cafeterias, and retail service limited to tenants of the building,
provided that they be essentially limited to providing service to the users of the permitted
use, and that no signs or other evidence of these uses are visible from the exterior of the
building.

(4)     Conditional Uses. Within any B-1 District, no structure or land shall be used for
the following uses except by conditional use permit:

Antennas/towers-cellular and communication as regulated by Section 1001.21 of this
Title.

Bank/Financial Institution with drive-through

Historical buildings, museums, art institutions, galleries and theaters.

Motels/Hotels

Nursing Home, Intermediate Care Facility, Long-Term Care Facility, and Residential
Health Care Facility, provided the site shall contain not less than six hundred (600)
square feet of lot area for each person to be accommodated and that no building be
located less than fifty feet (50’) from the lot line; hospitals for human care, provided that
all buildings are not located less than sixty feet (60’) from the lot line of an abutting R
District.

Radio and television studios or towers.

Restaurant Class I and II, no drive-through

Special event and catering centers

Towers-cellular and communications as regulated in Section 1001.21 of this Title

Veterinary clinic and related indoor kennel; and pet grooming.

(5)    Interim Uses. Within any B-1 District, no structure or land shall be used for the
following purposes except by Interim Use Permit.



                                              13
Private and public outdoor sports and recreational uses such as:

Archery, driving, target, and trap and skeet shooting ranges.

Athletic fields, not including stadiums and sports arenas.

Boat launch ramps.

Fishing, hunting and swimming areas, not including swimming pools.

Horseback trails.

(6)     Lot Area, Lot Width And Yard Requirements. The following minimum
requirements shall be observed subject to additional requirements, exceptions and
modifications as set forth in this Subd. 1001.06 (Special Requirements for Business
Districts) of this Title:

              Minimum Lot Size1               1 acre
              Minimum Lot Width1              100 ft
              Minimum Lot Depth1              100 ft
              Maximum Impervious              75%
              Surface Coverage
              Maximum Building                50%
              Footprint Coverage
              Structure Height Limit           35 ft or 2 stories, whichever is less
                                             Setbacks2
              Building-Principle Structure
              Front Yard                       40 (60) feet -- Plus 1 foot for ever 1
                                               foot of building height over 30 feet
                                               (maximum setback of 80 feet)
              Side Yard                        15 (40) feet
              Side Yard (Street)               15 (40) feet
              Rear Yard                        15 (40) feet
              Parking
              Front side, or rear to a street 20 (20) feet
              Side Interior                    10 (20) feet
              Rear Yard                        10 (20) feet
              To residential                   20 (20) feet
              1
                Minimum lot size, width, depth and the like shall not include area
              of street easements, right-of-way, or common areas.
              2
                Setbacks in parentheses apply adjacent to R-1- RH Residential
              Districts. A 20 foot setback is required for any structure or parking
              adjacent to any other residential district.




                                             14
Subd. 2. B-2- Neighborhood Commercial District.

(1)     Intent. The purpose of the B-2, Neighborhood Business District is to provide for
the establishment of highly limited scale neighborhood commercial centers that officer
basic, convenience-type goods and services to the immediately surrounding areas in
which they are located.

(2)    Permitted Uses. The following uses are permitted uses in the B-2 District:

Agriculture- existing at the time of ordinance amendment.

Antique or gift shop.

Appliance store.

Art and school supply store.

Athletic Club, freestanding

Banks, credit unions and other financial institutions without drive-up tellers.

Bakery goods sales and baking of goods for the retail sales on premises.

Beauty salons, day spas and barber shops

Bicycle sales and repair.

Book store.

Candy, ice cream, popcorn, nuts, frozen dessert and soft drink shop, but not of the drive-
in type.

Clothing Store.

Coffee shop/delicatessen

Convenience grocery store without motor fuel sales.

Copy services but not including printing press or newspaper.

Day care or preschool center

Drug Store

Dry cleaning and laundry pickup stations including incidental pressing and repair.




                                             15
Essential Services including, but not limited to, buildings such as telephone exchange
stations, booster or pressure stations, elevated tanks, wells and pumping stations, lift
stations and electric power substations.

Florist.

Grocery store, fruit or vegetable store.

Hardware store.

Health/Athletic Clubs- Freestanding

Hobby store including handicraft classes not to exceed ten (10) students.

Jewelry sales and jewelry repair store.

Laundromat, self-service.

Library.

Locksmith.

Meat market but not including processing for a locker.

Music store.

Newsstand.

Offices, administrative/commercial

Office supply and stationery store.

Paint, wallpaper sales.

Photographic studio.

Pipe and tobacco shop.

Post office.

Record shop.

Rugs and floor covering sales.

Shoe sales and repair.




                                            16
Small appliance repair shop.

Sporting goods store.


(3)    Permitted Accessory Uses. The following uses are permitted accessory uses in
the B-2 District:

Any accessory use permitted in the B-1 District.

Any incidental repair, processing or storage necessary to conduct a permitted principal
use so long as it does not occupy more than thirty percent (30%) of the gross floor area of
the principal building.

Essential service structure.

(4)     Conditional Uses. Within any B-2 District, no structure or land shall be used for
the following uses except by conditional use permit:

Bank/Financial Institution with drive-through

Car wash.

Motor fuel stations.

Offices/clinics for medical, dental or chiropractic services.

Religious institutions provided that the principal structure and any accessory structures
used for assembly shall be located at least fifty feet (50’) from any lot line adjacent to a
residential zoning district. This subsection shall apply even if the religious use does not
occupy the entire structure. For the purposes of this subsection, the fifty foot (50’)
setback shall not apply to any property line adjacent to an arterial roadway, including an
interstate freeway.

Restaurants Class I and II

Schools, academies, colleges, universities, libraries.

Tavern or liquor store.

Towers-cellular and communications as regulated in Section 1001.21 of this Title

Veterinary clinic and related indoor kennel; and pet grooming.

(5)    Interim Uses. Within any B-2 District, no structure or land shall be used for the
following purposes except by Interim Use Permit.



                                             17
Interim uses permitted in the B-1 District.

Farmers Market.

(6)     Lot Area, Lot Width and Yard Requirements. The following minimum
requirements shall be observed subject to additional requirements, exceptions and
modifications as set forth in Subd. 1001.06 (Special Requirements for Business Districts)
of this Title:

              Minimum Lot Size1                1 acre
              Minimum Lot Width1               100 ft
              Minimum Lot Depth1               100 ft
              Maximum Impervious               75%
              Surface Coverage
              Maximum Building                 50%
              Footprint Coverage
              Structure Height Limit           30 ft or 1 stories, whichever is less
                                             Setbacks2
              Building-Principle Structure
              Front Yard                       35 (60) feet -- Plus 1 foot for ever 1
                                               foot of building height over 30 feet
                                               (maximum setback of 80 feet)
              Side Yard                        15 (40) feet
              Side Yard (Street)               15 (40) feet
              Rear Yard                        15 (40) feet
              Parking
              Front side, or rear to a street 20 (20) feet
              Side Interior                    10 (20) feet
              Rear Yard                        10 (20) feet
              To residential                   20 (20) feet
              1
                Minimum lot size, width, depth and the like shall not include area
              of street easements, right-of-way, or common areas.
              2
                Setbacks in parentheses apply adjacent to R-1- RH Residential
              Districts. A 20 foot setback is required for any structure or parking
              adjacent to any other residential district.


Subd. 3. B-3-General Business District.

(1)     Intent. purpose of the B-3, General Business District to provide for the
establishment of areas devoted to high intensity retailing and service activity primarily
oriented toward motorists and requiring higher volumes of traffic and visibility from
major roads. Uses will serve a city-wide and multi-community consumer market.

(2)    Permitted Uses. The following uses are permitted uses in the B-3 District:


                                              18
Any use permitted in the B-1 and B-2 Districts.

Auto/Marine repair (minor).

Boats and marine sales when conducted entirely within a building.

Commercial greenhouse provided it is conducted entirely within a building.

Furniture Sales

Garden supply store, provided it is conducted entirely within a building.

Home improvement stores, provided it is conducted entirely within a building.

Hotel/Motels

Interior decorating studio.

Newspaper and publishing office.

Optical and jewelry manufacturing.

Pet shop provided the operation shall not include the boarding of pets on the site, the
maintaining of pens or cages outside the building or the creation of an offensive odor or
noise.

Photographic supplies and processing of film and prints.

Picture framing.

Printing shop.

Radio and television repair.

Seat cover, upholstery and drapery shop.

(3)    Permitted Accessory Uses. The following uses are permitted accessory uses in
the B-3 District:

Any accessory use permitted in the B-1 and B-2 Districts.

Any incidental repair, processing or storage necessary to conduct a permitted principal
use so long as it does not occupy more than thirty percent (30%) of the gross floor area of
the principal building.




                                            19
Essential service structure.


(4)     Conditional Uses. Within any B-3 District, no structure or land shall be used for
the following uses except by conditional use permit:

Any conditional use allowed in the B-1 and B-2 Districts.

Animal hospital or clinic; kennel.

Armories, convention halls, sports arenas and stadiums.

Automobile and other vehicles of transportation sales with an outdoor sales lot.

Auto/Marine Repair (Major)

Boats and marine sales when conducted entirely with an outdoor sales lot.

Bowling alleys, electronic game rooms, billiard and pool rooms, drive-in theaters, skating
rinks, gymnasiums, night clubs, and fraternal organizations.

Commercial Recreation facility

Hospitals and other regional medical facilities

Mini-storage subject to the requirements in Section –Minimum Requirements

Nursery.

Open sales lot, open rental lot subject to the requirements in Section 1001.06

Open Storage Lot subject to the requirements in Section 1001.06

Restaurant- Class III (fast food)

Restaurant- Class IV (with drive-through)

Stone and monument sales.

Theatres

Television and radio stations.

Towers-cellular and communications as regulated in Section 1001.21 of this Title




                                            20
(5)    Interim Uses. Within any B-3 District, no structure or land shall be used for the
following purposes except by Interim Use Permit.

Interim uses permitted in the B-2 District.

Land reclamation, mining and soil processing

Recycling and reclamation of nonhazardous materials, when conducted entirely within a
building.

Outdoor theaters, including drive-ins.


(6)    Lot Area, Lot Width and Yard Requirements. The following minimum
requirements shall be observed subject to additional requirements, exceptions and
modifications of Subd. 1001.06 (Special Requirements for Business Districts) of this
Title:
              Minimum Lot Size1                1 acre
                                     1
              Minimum Lot Width                150 ft
              Minimum Lot Depth1               150 ft
              Maximum Impervious               80%
              Surface Coverage
              Maximum Building                 50%
              Footprint Coverage
              Structure Height Limit           45 ft or 3 stories, whichever is less
                                             Setbacks2
              Building-Principle Structure
              Front Yard                       40 (60) feet -- Plus 1 foot for ever 1
                                               foot of building height over 30 feet
                                               (maximum setback of 80 feet)
              Side Yard                        25 (40) feet
              Side Yard (Street)               25 (40) feet
              Rear Yard                        25 (40) feet
              Parking
              Front side, or rear to a street 20 (20) feet
              Side Interior                    10 (20) feet
              Rear Yard                        10 (20) feet
              To residential                   20 (20) feet
              1
                Minimum lot size, width, depth and the like shall not include area
              of street easements, right-of-way, or common areas.
              2
                Setbacks in parentheses apply adjacent to R-1-RH Residential
              Districts. A 20 foot setback is required for any structure or parking
              adjacent to any other residential district.




                                              21
Subd 4. B-4 Commercial/Industrial District

(1)     Intent. The purpose of this zoning district is to provide areas for businesses that
have both commercial and industrial characteristics. The district will include a mixture
of commercial, office, and light industrial land uses, made mutually compatible through
the enforcement of performance standards, to encourage and accommodate high quality,
large scale development opportunities along intermediate arterial roadways within the
City.

(2)    Permitted Uses. The following uses are permitted uses in the B-4 District:

Art studio.

Appliance repair and service.

Auto repair-major and minor.

Auto sales and rental, provided it is conducted entirely within the building.

Auto washing.

Bicycle sales and repair.

Boat sales.

Home Improvement Store

Bus terminal.

Camera and photographic supply and processing store.

Commercial off-street parking.

Exterminating services.

Equipment rental with no outdoor storage or display.

Garden supply store with no outdoor storage or display.

Governmental and public utility buildings and structure, including public works type
facilities, excluding outdoor storage.

Kennel.

Landscape nurseries.



                                             22
Laboratories- medical, dental

Motel and hotel.

Motor fuel station

Music studio.

Newspaper and publishing facility.

Office building.

Office warehouse, where the operations include manufacturing or processing on the site.

Optical and jewelry manufacturing.

Printing shop.

Radio and television studios.

Research center.

Seat cover and upholstery shop.

Tavern.

Veterinary services.

(3)    Permitted Accessory Uses. The following uses are permitted accessory uses in
the B-4 District:

Essential service structure.

Radio and Television studios

Retail sales related to the processing of product on site so long as it does not exceed thirty
percent (30%) of the floor space of the principal building.

Tenant restaurants, cafeterias, and retail service limited to tenants of the building,
provided that they be essentially limited to providing service to the users of the permitted
use, and that no signs or other evidence of these uses are visible from the exterior of the
building.

(4)     Conditional Uses. Within any B-4 District, no structure or land shall be used for
the following uses except by conditional use permit:



                                             23
HVAC (Heating, ventilation and air conditioning) dealer.

Mini-storage.

Open sales lot, and open rental lot subject to the requirements in Section 1001.06.

Open Storage Lot subject to the requirements in Section 1001.06.

Plumbing contractor.

Recreational vehicle sales.
Recycling Facility – indoor

Towers-cellular and communications as regulated in Section 1001.21 of this Title

Wholesale showrooms

(5)    Interim Uses. Within any B-4 District, no structure or land shall be used for the
following purposes except by Interim Use Permit.

Interim uses permitted in the B-3 District.

Auto auction.

Miniature golf courses.

(6)     Lot Area, Lot Width and Yard Requirements. The following minimum
requirements shall be observed subject to additional requirements, exceptions and
modifications as set forth in Subd. 1001.06 (Special Requirements for Business Districts)
of this Title

                Minimum Lot Size1              1 acre
                Minimum Lot Width1             150 ft
                Minimum Lot Depth1             150 ft
                Maximum Impervious             80%
                Surface Coverage
                Maximum Building               50%
                Footprint Coverage
                Structure Height Limit       45 ft or 3 stories, whichever is less
                                            Setbacks2
                Building-Principle Structure
                Front Yard                   50 (60) feet -- Plus 1 foot for ever 1
                                             foot of building height over 30 feet
                                             (maximum setback of 80 feet)
                Side Yard                    25 (40) feet


                                              24
              Side Yard (Street)               40 (40) feet
              Rear Yard                        20 (60) feet
              Parking
              Front side, or rear to a street 20 (20) feet
              Side Interior                    5 (20) feet
              Rear Yard                        15(20) feet
              To residential                   5 (20) feet
              1
                Minimum lot size, width, depth and the like shall not include area
              of street easements, right-of-way, or common areas.
              2
                Setbacks in parentheses apply adjacent to R-1-RH Residential
              Districts. A 20 foot setback is required for any structure or parking
              adjacent to any other residential district.

     SECTION 4. AMENDMENT. The Dayton City Code is hereby
amended by adding Section 1001.062 as follows:

1001.062. SPECIAL REQUIREMENTS IN ALL INDUSTRIAL DISTRICTS.

Subd. 1.     Special Requirements And Performance Standards In All Industrial
Districts.

(A)    Building Design and Materials. The architectural appearance, including building
       character, permanence, massing, density and composition, scale, construction
       materials, and functional plan of all principal buildings shall comply with the
       Comprehensive Plan. Building materials shall be attractive in appearance, of a
       durable finish, and be of a quality that is compatible and designed to enhance the
       lot, the neighborhood and the community. All buildings shall be of good aesthetic
       and architectural quality to ensure they will maintain and enhance the property
       values of neighboring properties and not adversely impact the community’s public
       health, safety and general welfare.

       1.     Design Elements. The building design must include architectural interest
       through the use of a minimum of three (3) of the following elements:

               a.     Accent materials;

               b.     A visually pleasing front entry that, in addition to doors, shall be
               accented a minimum of one hundred fifty (150) square feet around the
               door entrance for single occupancy buildings and a minimum of three
               hundred (300) square feet total for the front of multi-tenant buildings (this
               area shall be counted as one element);

               c.      Twenty five percent (25%) window coverage on each front that
               faces a street;

               e.     Contrasting, yet complementary material colors;


                                            25
       e.      A combination of horizontal and vertical design features;

       f.      Irregular building shapes; or

       g.      Other architectural features in the overall architectural concept.


2.     Other Design Requirements.

       a.      All principal buildings shall have an entry on a street;

       b.      Buildings shall provide a base and top to their architecture;

       c.     The tops of buildings shall be articulated to minimize “box” like
       images;

       d.      Buildings shall be architecturally unique and shall not be of a
       corporate architecture (including roof patterns, corporate colors,
       architectural elements, and similar treatments).

3.      Accent Materials. Accent materials shall be wrapped around walls visible
from public view. Painting shall not be substituted for visual relief, accenting, or
a required element. Walls shall be articulated thus no wall shall exceed one
hundred feet (100’) in length without visual relief. Visual relief may be defined
as the incorporation of design features such as windows, horizontal and vertical
patterns, contrasting material colors, or varying wall depths. Use of fiber cement
trim, soffit and fascia shall be allowed as accent materials.


4.      Major Exterior Materials. Major exterior materials of all walls including
face brick, stone, glass, stucco, synthetic stucco, fiber cement vertical panel
siding, architectural concrete and precast panels shall be acceptable as the major
exterior wall surface when they are incorporated into an overall design of the
building. Stucco, synthetic stucco or fiber cement vertical panel siding shall not
be allowed within twenty four inches (24”) inches from grade. Architectural
metal may be considered with matt finish and with neutral or earth tone colors.
Fiber cement seam lines shall be architecturally integrated into the building
design so that they are not visible. Seam lines can be filled, covered by other
accent material or other method thereby making the seam lines invisible. Color
impregnated decorative block shall also be allowed as a major exterior wall
material, and shall be required to be sealed. All materials shall be color
impregnated with the exception of allowing architectural concrete precast panel
systems and fiber cement siding to be painted. Painting shall not be allowed on
color impregnated, major exterior materials. Request for approval of cast in place
systems shall be through a Conditional Use Permit or Planned Unit Development,



                                     26
      whichever is deemed appropriate by City staff. If the architectural precast panel
      systems are painted, they shall be properly prepared and maintained regularly to
      prevent peeling, stripping, shading or any other form of deterioration or
      discoloration. Proof of manufacturer’s painting specifications shall be supplied
      prior to issuance of a building permit.

      5.      Restricted Exterior Materials. Unadorned pre-stressed concrete panels,
      whether smooth or raked, nondecorative concrete block, sheet metal, corrugated
      metal or unfinished metal shall not be used as exterior materials. This restriction
      shall apply to all principal structures and to all accessory buildings except those
      accessory buildings not visible from any property line. No more than twenty five
      percent (25%) of any exterior wall on a building shall be fiber cement siding,
      wood or metal accent material.

      6.      Roofs. Roofs which are exposed or an integral part of the building
      aesthetics shall be constructed only of commercial grade asphalt shingles, wood
      shingles, standing seam metal, slate, tile, or copper. Flat roofs, which are
      generally parallel with the first floor elevation, are not subject to these material
      limitations.

      7.      Building and Roofing Materials. All building and roofing materials shall
      meet current accepted industry standards, and tolerances, and shall be subject to
      review and approval by the City Planner for quality, durability, and aesthetic
      appeal. For all new buildings and building exterior renovations, the applicant
      shall submit to the City product samples, color building elevations, and associated
      drawings which illustrate the construction techniques to be used in the installation
      of such materials. Building and roofing materials not specifically approved in this
      Section may be allowed by a Conditional Use Permit or Planned Unit
      Development only after it is demonstrated that the proposed material is equal to or
      better than approved materials. The long-range maintenance of the proposed
      material shall be incorporated as a condition of the approval and filed on the
      property.

(B)   Trash and Recyclable Materials. All trash, recyclable materials, and trash and
      recyclable materials handling equipment shall be stored within the principal
      structure; one hundred percent (100%) screened from public view by the principal
      building; or stored within an accessory structure constructed of building materials
      compatible with the principal structure enclosed by a roof, and overhead door on
      tracks. Compactors shall be one hundred percent (100%) screened from eye level
      view from public streets and adjacent properties. Existing uses shall comply with
      the enclosure requirements listed in this Section within six (6) months of
      receiving notice from the City. For the purposes of this Section, "trash" means
      "mixed municipal solid waste" as defined under Section 1001.03 of the City
      Code.




                                            27
(C)   Off Street Parking. Design and maintenance of off street parking areas in
      accordance with subsection 1001.19 of this title.

(D)   Accessory Structures. Garages, accessory structures, screen walls and exposed
      areas of retaining walls shall be of a similar type, quality and appearance as the
      principal structure.

(E)   Building Mechanical Equipment. The view of all rooftop equipment and related
      piping, ducting, electrical and mechanical utilities abutting a street on buildings
      constructed after January ---shall be screened from the ground level view.
      Screening may include parapet walls, penthouses, or other architecturally
      integrated elements. Wood fencing or chain link with slats shall not be used for
      screening. The term ‘ground level view’ shall be defined as the view of the
      building from the furthest point of the width of the right-of-way from the property
      line(s) that abut a street. A cross-sectional drawing shall be provided that
      illustrates the sight lines from the ground level view. For buildings constructed
      prior to January 1, 2010, for replacement of existing units, remodeling, and
      building expansions, the ground level view of all rooftop equipment and related
      piping, ducting, electrical and mechanical utilities shall be painted to match the
      building, designed to be compatible with the architectural treatment of the
      principal structure or screened by the use of parapet walls. Wood fencing shall
      not be used for screening.

(F)   Ground Mechanical Equipment. Ground mechanical equipment shall be one
      hundred percent (100%) screened from contiguous properties and adjacent streets
      by opaque landscaping, or a screen wall shall be provided to be compatible with
      the architectural treatment of the principal structure.

(G)   Outdoor Storage. There shall be no outdoor storage of either materials or
      products, except through the issuance of a conditional use permit.

(H)   External Loading and Service Areas. External loading and service areas must be
      one hundred percent (100%) screened from the ground-level view from
      contiguous residential or commercial properties and adjacent streets, except at
      access points.

(I)   Abutting Districts. Wherever an Industrial District abuts, or is across the street
      from an R Residential District, a berm, fence or compact evergreen trees or hedge
      or combination thereof, not less than ninety percent (90%) opaque at time of
      installation, nor less than six feet (6') in height, except adjacent to a street where it
      shall be not less than three feet (3') nor more than four feet (4') in height shall be
      erected and maintained. All screening shall comply with Section 1001.18 Subd. 2
      (5) of this title.




                                             28
(L)   Headlight Screening. The light from automobile headlights and other sources
      shall be one hundred percent (100%) screened whenever it may be directed onto
      adjacent residential window.

(M)   Pedestrian Environment. Pedestrian connections to the surrounding neighborhood
      shall be incorporated into industrial development.

       1.      Pedestrian amenities shall be included in places where people typically
      gather, including but not limited to, transit stops, building entrances or street
      corners or abutting bike or pedestrian trail connections. These spaces must include
      at least two of the following:

             h.              Patterned materials on walkways
             i.              Shelters
             j.              Trash receptacles
             k.              Drinking fountains
             l.              Pedestrian lighting
             m.              Fountains, sculptures, mobiles, kiosks, or banners
             n.              Street trees, flower boxes, or container landscaping

      2.      Sidewalk connections shall be provided to and through the development to
      existing and planned bus stops, trails, sidewalks, and adjacent properties, where
      access exists or reasonable connections are possible. If a parking lot lies between
      the building entry and an adjacent public street, a pedestrian walkway at least six
      feet wide shall be provided between them. Clear internal pedestrian circulation
      routes shall be provided on the site.


Subd. 2. Special Requirements And Performance Standards In I-1, I-2 And Bp
Districts.

(A)   Retail sales as principal use, minimum requirements:

      1.      Retail sales approved by conditional use permit as the principal use of a
      single tenant building shall have a minimum sales floor area of ten thousand
      (10,000) square feet. The minimum sales floor area in a multi-tenant building
      shall be five thousand (5,000) square feet per business tenant.

      2.      All off-street parking and loading shall be provided as required for retail
      uses in this Title.

(B)   Outdoor accessory merchandise display by conditional use permit. In I-1 and I-2
      Districts, no outdoor merchandise display shall be allowed except by conditional
      use permit when such outdoor display is specifically intended to be accessory to
      the primary use(s) of the premises. A conditional use permit may be issued for




                                           29
accessory outdoor merchandise display in I-1 and I-2 Districts, provided the
following standards are considered and satisfactorily met on a continuous basis:

1.     The outdoor merchandise display area shall be limited to one surface area
per building. The display area shall be limited in size to fifteen percent (15%) of
the gross floor area of the principal structure. The maximum dimension of a
display area shall be thirty feet (30'), and in no case shall the larger dimension of
the display area be more than two (2) times the lesser dimension. In no case shall
the outdoor merchandise display area exceed a total of six hundred (600) square
feet per site. For the purpose of these standards, the term "site" shall be defined
as a lot or group of lots contained within a unified development project.

2.     The outdoor display area shall be clearly identified upon an approved site
plan for the property. The display area shall meet the required side and rear yard
setbacks for the district in which it is located, and shall be set back no less than
ten feet (10') from the front property line. No outdoor display activities shall
occur in a traffic visibility triangle as provided for by Section 1001.03 of this
Title. The display area surface may be elevated up to three feet (3') above the
adjacent ground surface. The appropriate height of the display area shall be
determined by considering the size of the item(s) to be displayed, the proportion
of the display area to the building, and the location of the display area on the site.

3.     No displayed merchandise shall exceed a maximum height of twelve feet
(12') above the display surface.

4.     Outdoor display areas shall be one hundred percent (100%) screened, at a
minimum of eight feet (8’) in height, from view of adjoining residential zoning
districts and uses. For the purpose of this standard, the term "adjoining" shall not
include property across a street.

5.    No additional lighting shall be installed to illuminate the display area.

6.    The display area shall be surfaced with concrete or an approved equivalent
to control dust and erosion. The surface shall be properly maintained to prevent
deterioration. The display area shall be architecturally compatible with the
principle structure of the site through the use of similar building materials or
fencing around the perimeter of the display area. The display area shall be
enhanced with appropriate, year-round landscaping.

7.    The display area shall not take up required parking spaces or landscaping
areas. No outdoor display shall be permitted upon a sidewalk.

8.    The square footage of outdoor display areas shall be included in the
calculation of required off-street parking for the principal use of the property.




                                      30
      9.    All display of merchandise shall occur in a neat and orderly fashion without
      signage. The display of wearing apparel, highly flammable materials, and
      merchandise with wind-moveable parts and appendages shall be prohibited.

      10. Any power equipment and vehicles that are displayed shall be disabled to
      prevent them from being started and operated while they are on display.

      11.   The provisions of Section 10-5-5 shall be considered and satisfactorily met.

(C)   Office-warehouse facilities, office and wholesale showroom and multi-tenant
      office-warehouse facility requirement:

      1.    The facility must front on and have direct access onto a minor arterial or
      high classification level street.

      2.    No such use shall be allowed in an office-warehouse or tenant space of an
      office-warehouse facility where noise associated with loading activities or
      business operations is audible from adjacent residential areas.

      3.    Each office-warehouse or wholesale showroom buildings shall be
      architecturally designed and constructed with permanent finished building
      materials so as to be compatible with adjacent development and the City’s
      building standards. The overall appearance of the building shall be that of an
      office rather than a warehouse.

      4.    The allowable percentage of floor area devoted to the office function shall
      be established at the time of approval and ample space be allotted on the site to
      accommodate the parking area required to service it.

      5.     All loading and service areas should be one hundred percent (100%)
      screened from public view and service traffic separated from employee/visitor
      traffic. Whenever such developments abut residential districts, their interior road
      patterns shall be arranged in such as way as to route service vehicle traffic away
      from residential.


(D)   Open Storage Lots shall be subject to the following standards:

      1.     Shall have permanent structure on the parcel.

      2.      Shall be one hundred percent (100%) screened, at a minimum of eight feet
      (8’) in height, at time of installation from street level view around the perimeter of
      the open storage area by means of a combination of fencing, landscaping,
      berming, and building placement.




                                           31
      3.      Developer shall submit site plans and sections illustrating sightlines from
      grade level view of properties and public view through the conditional use permit
      process.

      4.       Pole mounted lighting shall be limited to twenty feet (20’) in height. All
      light fixtures shall be downcast style fixtures. Reflected glare or spill light from
      all exterior lighting shall not exceed one-tenth (0.1) foot-candle measurement on
      the property line when adjoining residential zoned and one foot-candle measure
      on the property line when such line adjoins a similar zone and land use.

      5.    Fifty percent (50%) of the open storage area shall consist of pervious
      pavement, if soils permit as approved by the City Engineer.

      6.     All non-storage parking area shall comply with the parking lot landscape
      requirements in Section 1001.19.

      7.       Delivery and loading hours shall be limited to 7:00 a.m. to 10:00 p.m. for
      all open storage lots abutting a residential property line. Delivery trucks shall not
      be left idling for long periods of time.


(E)   Open Sales Lots shall be subject to the following standards:

      11. Shall have permanent structure on parcel.

      12. Headlights shall be one hundred percent (100%) screened from adjacent
          property lines.

      13. Parking lot landscaping shall comply with Section 1001.19.

      14.     Shall be one hundred percent (100%)screened, at a minimum of eight feet
      (8’) in height, at time of installation, from abutting residential property lines, by
      means of a combination of fencing, landscaping, berming, and building
      placement.

      15. Open rental and sales lots shall only be considered for vehicles of a
          noncommercial nature.

      16. No car auctions shall be permitted on site.

      17. No outdoor speaker systems shall be permitted.

      18.    All parking spaces in excess of minimum required, including sale display
      and sales storage areas shall be pervious pavement if soils permit based on City
      Engineer review.




                                            32
      19.      Pole mounted lighting shall be limited to twenty feet (20’) in height. All
      light fixtures shall be downcast style fixtures. Reflected glare or spill light from
      all exterior lighting shall not exceed one-tenth (0.1) foot-candle measurement on
      the property line when adjoining residential zoned and one foot-candle measure
      on the property line when such line adjoins a similar zone and land use.

      20.      Delivery and loading hours shall be limited to 7:00 a.m. to 10:00 p.m. for
      all open storage lots abutting a residential property line. Delivery trucks shall not
      be left idling for long periods of time.

(F)   Mini Storage.

      1.     All loading and service areas should be one hundred percent (100%)
      screened, at a minimum of eight feet (8’) in height, from public view. Whenever
      such developments abut residential districts, their interior road patterns shall be
      arranged in such as way as to route traffic away from residential districts.

      2.      All dock, service and other business doors of the storage facility shall be
      kept closed during all hours of business operations.


Subd. 3. Special Requirements and Performance Standards In I-1 And I-2
Districts.

(A)   Motor fuel stations shall be subject to the following standards:

      1.       Motor fuel facilities shall be installed in accordance with State and City
      standards. Additionally, adequate space shall be provided to access gas pumps
      and to allow maneuverability around the pumps. Underground storage tanks are
      to be positioned to allow adequate access by motor fuel transports and unloading
      operations which do not conflict with circulation, access and other activities on
      site. Fuel pumps shall be installed on pump islands.

      2.      The total height of any overhead canopy or weather protection shall not
      exceed twenty feet (20') in height.

      3.      No sales or rental or motor vehicles or trailers or campers shall be
      permitted.

      4.      All goods for sale by a motor fuel station convenience store other than
      petroleum based products required for the operation and maintenance of motor
      vehicles shall be displayed within the principal motor fuel station structure.

      5.       Each motor fuel station shall be compatible with the area in which it is
      located.




                                            33
      6.        A minimum ten foot (10') landscaped yard shall be planted and
      maintained behind the property line along all public streets. A landscaped yard
      not less than five feet (5') wide shall be maintained along exterior property lines.

      7.     Motor fuel dispensers shall be located at least thirty feet (30') from a
      property line, and one hundred feet (100') from an R- District property lines.

      8.       Structures shall be set back:

             Front           30 (60) feet
             Side            30 (50) feet
             Rear            30 (50) feet

      Setbacks in parentheses apply to lot lines adjacent R-Districts.

      9.      All canopy lighting for motor fuel station pump islands shall be recessed
      or fully shielded. Illumination levels for pump islands shall comply with Section
      1001.14.

      10.      Litter Control. The operation shall be responsible for litter control within
      three hundred (300) feet of the premises and litter control is to occur on a daily
      basis. Trash receptacles must be provided at a convenient location on site to
      facilitate liter control.

      11.    The hours of operation shall be limited to 7:00 a.m. and 10:00 p.m. for
      motor fuel stations located in I-1 business districts unless extended by the City
      Council as part of the Conditional Use Permit.

(C)   Accessory Car Wash and Vacuums

      1. No more then one car wash bay shall be allowed.

      2.     The car wash shall be designed to be an integral part of the principal
      building, and may not be a separate freestanding structure.

      3.       The site shall provide stacking space for the car wash. The amount of
      stacking space shall take into account the type of car wash and the amount of time
      it takes to wash a vehicle. Stacking spaces shall not interfere with parking spaces
      or traffic circulation.

      4.      The exit from the car wash shall have a drainage system which is subject
      to the approval of the City and gives special consideration to the prevention of ice
      build-up during winter months.

      5.     Neither the car wash or accessory vacuum shall be located within three
      hundred (300) feet of any residentially zoned or guided property, unless



                                            34
       completely screened by a building or located across an arterial or major collector
       roadway from residentially zoned or guided property.

       6.      Both the car wash and accessory vacuum shall conform to noise
       regulations as defined in Section 1001.14.

     SECTION 5. AMENDMENT. The Dayton City Code is hereby
amended by adding Section 1001.063 as follows:

1001.063. INDUSTRIAL DISTRICTS.

Subd. 1         I-1 Light Industrial District

(1)      Intent. The purpose of the I-1, Light Industrial District is providing for the
establishment of warehousing and light industrial development. The overall character of
the I-1 District is intended to have a low impact manufacturing/warehouse character.
Industrial uses allowed in this district shall be limited to those which can compatibly exist
adjacent to both lower intensity business uses and high intensity manufacturing uses and
which have limited amounts of truck traffic in comparison to higher intensity industrial
districts. Because I-1 may abut residential uses the I-1 uses are regulated in height, lot
coverage, setbacks, landscaping, loading and use type so as to facilitate compatibility
between these uses and residential development.

(2)    Permitted Uses. The following uses are permitted uses in the I-1 District:

Adult uses.

Agricultural uses existing at the time of ordinance amendment.

Antennas mounted on an existing structure, not exceeding fifteen feet (15’) above the
highest point of the structure, as regulated by section 1001.21of this Title.

Automobile detailing shops

Automobile repair, major

Bus/Transit Station with vehicle storage

Business/Trade Schools

Day care accessory to business use

Contractors operations

Convenience/gas station



                                             35
Equipment rental

Indoor sports and recreation or entertainment, provide the structure and use is located at
least one hundred (100’) from any residential zoning district.

Laboratories- medical and dental

Light industrial fully contained within the building including: conducting a process,
fabricating, wholesale operation, assembly, packaging, warehouse, distribution,
manufacturing, treatment or providing a service including, but not limited to, any of the
following uses completely contained within a building, unless otherwise noted, and
meeting the performance standards applicable to the I-1 District.

      Paper products from previously processed paper
      Batteries (wet cell)
      Brick, Ceramic, and Glass Operations
      Computers and accessories including circuit boards and software
      Electronic components and accessories
      Glass Cutting and Sales
      Measuring, Analyzing, and Controlling Instruments
      Medical Technologies/Manufacturing
      Metal Working such as stamping, welding, machining, extruding, plating,
       grinding, polishing and
       cleaning
      Millworking

Lumber yards/building material sales

Machine shops

Mini-storage facilities

Office Building

Office warehouse, where operations include manufacturing or processing on the site.

Outdoor sports, recreation, or entertainment facilities

Printing and publishing

Radio and television studios.

Research centers/laboratories

Recycling facility- indoor



                                             36
Schools, academies, colleges, universities, libraries.

Wholesale showrooms

(3)     Permitted Accessory Uses. The following uses are permitted accessory uses in
the I-1 District:

Any incidental repair or processing necessary to conduct a permitted principal use.

Buildings temporarily located for purposes of construction on the premises for a period
not to exceed time necessary to complete construction.

Essential service structure.

Private garages, off-street parking and loading spaces as regulated in this Title.

Public telephone booths.

Retail sales related to the processing of product on site so long as it does not exceed thirty
percent (30%) of the floor space of the principal building.

Signs as regulated in this Title.

Single satellite earth station antenna two meters (2 m) or less in diameter and single
antenna designed to receive direct broadcast services or multichannel multipoint
distribution services one meter (1 m) or less in diameter and antennas designed to receive
television broadcast signals, as regulated in Section 1001.21 of this Title.

Tenant restaurants, cafeterias, and retail service limited to tenants of the building,
provided that they be essentially limited to providing service to the users of the permitted
use, and that no signs or other evidence of these uses are visible from the exterior of the
building.

(4)     Conditional Uses. Within any I-1 District, no structure or land shall be used for
the following uses except by conditional use permit:

Antennas/towers-cellular and communication as regulated by Section--- of this Title.

Bank/Financial Institution with drive-through

Heliports

Hospitals




                                             37
Pawnshop provided that any such use shall not be located closer than one mile to any
other uses, measured at the property lines, and that such use shall not be open to the
public between the hours of nine o’clock (9:00) P.M. and nine o’clock (9:00) A.M.

Public parking facility

Mining

Motor vehicle terminal and maintenance garage.

Outdoor display area

Outdoor storage area

Restaurant Class III and IV, with drive-through

Special event and catering centers

Towers-cellular and communications as regulated in Section 1001.21 of this Title

Warehouse and distribution center

Veterinary clinic and related indoor kennel; and pet grooming.

(5)    Interim Uses. Within any I-1 District, no structure or land shall be used for the
following purposes except by Interim Use Permit.

Auto Auction

Land reclamation, mining and soil processing

Miniature golf courses


 (6)    Lot Area, Lot Width and Yard Requirements. The following minimum
requirements shall be observed subject to additional requirements, exceptions and
modifications as set forth in this Chapter and 1001.062 (Special Requirements for
Industrial Districts) of this Title:

               Minimum Lot Size1             1 acre
               Minimum Lot Width1            150 ft
               Minimum Lot Depth1            150 ft
               Maximum Impervious            80%
               Surface Coverage
               Maximum Building              50%
               Footprint Coverage


                                            38
              Structure Height Limit           35 ft or 2 stories, whichever is less
                                             Setbacks2
              Building-Principle Structure
              Front Yard                       50 (60) feet -- Plus 1 foot for ever 1
                                               foot of building height over 30 feet
                                               (maximum setback of 80 feet)
              Side Yard                        25 (40) feet
              Side Yard (Street)               40 (40) feet
              Rear Yard                        20 (60) feet
              Parking
              Front side, or rear to a street 20 (20) feet
              Side Interior                    5 (20) feet
              Rear Yard                        15 (20) feet
              To residential                   5 (20) feet
              1
                Minimum lot size, width, depth and the like shall not include area
              of street easements, right-of-way, or common areas.
              2
                Setbacks in parentheses apply adjacent to R-1-RH Residential
              Districts. A 20 foot setback is required for any structure or parking
              adjacent to any other residential district.



Subd. 2. I-2- Heavy Industrial District

(1)     Intent. The purpose of the I-2, Heavy Industrial District is to provide areas
suitable for the location of general industrial activities, including heavy manufacturing
and other such activities which, because of the nature of the product or character of
operation, require more isolation from or special protections for non-industrial uses.

(2)    Permitted Uses. The following uses are permitted uses in the I-2 District:

Any use permitted in the I-1 District as regulated therein.

Crude oil, gasoline or other liquid storage tanks.

Manufacturing, compounding, assembly, packaging, treatment or storage of the following
products or materials: brewing, cement, concrete, stone cutting, brick, glass, batteries
(wet cell), ceramic products, mill working, metal polishing and plating, paint (pigment
manufacturing), rubber products, plastics, meat packing, flour, feed, grain milling,
sawmill, lime, plaster of paris, cloth, adhesives.

Heavy industrial

(3)     Permitted Accessory Uses. The following uses are permitted accessory uses in
the I-2 District:



                                             39
Any accessory use permitted in the I-1 District.

(4)     Conditional Uses. Within any I-2 District, no structure or land shall be used for
the following uses except by conditional use permit:

Acid manufacture.

Adult uses

Any conditional use permitted in the I-1 District.

Auto Towing business with outdoor tow yard provided that the business at least five
hundred (500) feet from any residential property.

Auto wrecking, junk yard, used auto parts (open storage).

Bus/Transit Stations with Vehicle Storage.

Contractors operations.

Explosives including all uses, storage or manufacture of materials or products such as
TNT or dynamite which would decompose by detonation.

Firearm range.

Incineration or reduction of waste material other than customarily incidental to a
principal use.

Indoor sports and recreation or entertainment, provided the structure in which the use is
located is at least one hundred feet (100’) feet from any residential zoning district.

Kilns or other heat processes fired by means other than electricity.

Open Storage Lot (primary or secondary use) subject to the requirements in Section
1001.062.

Rail unloading facility.

(5)    Interim Uses. Within any I-2 District, no structure or land shall be used for the
following purposes except by Interim Use Permit.

Interim uses permitted in the I-1 District.

(6) Lot Area, Lot Width and Yard Requirements. The following minimum requirements
    shall be observed subject to additional requirements, exceptions and modifications as




                                              40
      set forth in this Chapter and 1001.062 (Special Requires for Industrial Districts) of
      this Title:


                Minimum Lot Size1               1 acre
                Minimum Lot Width1              100 ft
                Minimum Lot Depth1              100 ft
                Maximum Impervious              80%
                Surface Coverage
                Maximum Building                50%
                Footprint Coverage
                Structure Height Limit           35 ft or 2 stories, whichever is less
                                               Setbacks2
                Building-Principle Structure
                Front Yard                       50 (75) feet -- Plus 1 foot for ever 1
                                                 foot of building height over 30 feet
                                                 (maximum setback of 80 feet)
                Side Yard                        15 (75) feet
                Side Yard (Street)               40 (50) feet
                Rear Yard                        15 (75) feet
                Parking
                Front side, or rear to a street 10 (20) feet
                Side Interior                    5 (20) feet
                Rear Yard                        10 (20) feet
                To residential                   5 (20) feet
                1
                  Minimum lot size, width, depth and the like shall not include area
                of street easements, right-of-way, or common areas.
                2
                  Setbacks in parentheses apply adjacent to R-1-RH Residential
                Districts. A 20 foot setback is required for any structure or parking
                adjacent to any other residential district.


Subd. 3. B-P Business Park District

(1)     Intent. The purpose of the B-P, Business Park District is to provide for multi-use
building and /or the establishment of business offices, wholesale showrooms, and related
uses in an environment which provides a high level of amenities, including landscaping,
preservation of natural features, increased architectural design, pedestrian facilities and
other features.

(2)       Permitted Uses. The following uses are permitted uses in the B-P District:

Offices

Cafeterias not open to the general public



                                               41
Coffee shops and cafeterias located within the principal structure

Technical, vocational and business schools

Travel agencies

Research and development

Data processing

Wholesale showroom

Warehousing used in conjunction with offices or manufacturing facilities

Retail sales, incidental to manufacturing of products produced on the site not to exceed
15 percent of the gross square footage of the first floor, not to exceed 10,000 square feet,
whichever is less

Telecommuting center

Commercial printing

Manufacturing, processing, packaging, cleaning, storage, assembling, servicing, repair or
testing of materials, goods or products, when wholly contained within a building and
which meet and maintain all applicable standards established by the state

Higher technology business uses including, but not limited to: the manufacturing, or
assembly, of medical devices and equipment, telecommunications equipment,
pharmaceuticals, computer or electronic products and software, aeronautical equipment
or components

Public utilities and essential government services

Other uses similar to those permitted in this Section as determined by the Planning
Commission and the City Council

(3)    Permitted Accessory Uses. The following uses are permitted accessory uses in
the B-P District:

Any incidental repair or processing necessary to conduct a permitted principal use.

Bicycle and transit shelters

Buildings temporarily located for purposes of construction on the premises for a period
not to exceed time necessary to complete construction.




                                             42
Essential service structure.

Gate security detached building

Information kiosks

Private garages, off-street parking and loading spaces as regulated in this Title.

Public telephone booths.

Retail sales related to the processing of product on site so long as it does not exceed thirty
percent (30%) of the floor space of the principal building.

Signs as regulated in this Title.

Single satellite earth station antenna two meters (2 m) or less in diameter and single
antenna designed to receive direct broadcast services or multichannel multipoint
distribution services one meter (1 m) or less in diameter and antennas designed to receive
television broadcast signals, as regulated in Section 1001.21 of this Title.

Tenant restaurants, cafeterias, and retail service limited to tenants of the building,
provided that they be essentially limited to providing service to the users of the permitted
use, and that no signs or other evidence of these uses are visible from the exterior of the
building.

(4)     Conditional Uses. Within any B-P District, no structure or land shall be used for
the following uses except by conditional use permit:

Restaurant- Fast Food(no drive thru), Full Service (no drive thru)

Day care

Health and fitness centers

Financial institutions and banks with drive thru facilities

Health care facilities

Park and ride lots and transit hubs.

Hotels and motels

Public facilities and public utility substations.

Radio and TV studios, sound stages, multi-media, post production studio and support
facilities and equipment.



                                              43
Outdoor storage tanks and equipment for products that are used in conjunction with the
primary use.

Other uses similar to those permitted in this Section as determined by the Planning
Commission and the City Council

(5)    Interim Uses. Within any BP District, no structure or land shall be used for the
following purposes except by Interim Use Permit.

Land reclamation, mining and soil processing.

Miniature golf courses.

Outdoor theaters, including drive-ins

Private and public outdoor sports and recreational uses such as:

Archery, driving, target, and trap and skeet shooting ranges.

Athletic fields, not including stadiums and sports arenas.

Boat launch ramps.

Fishing, hunting and swimming areas, not including swimming pools.

Horseback trails.

(6)     Lot Area, Lot Width and Yard Requirements. The following minimum
requirements shall be observed subject to additional requirements, exceptions and
modifications as set forth in this Chapter and 1001.062. (Special Requirements for
Industrial Districts) of this Title:

              Minimum Lot Size1               1 acre
              Minimum Lot Width1              150 ft
              Minimum Lot Depth1              150 ft
              Maximum Impervious              65%
              Surface Coverage
              Maximum Building                40%
              Footprint Coverage
              Structure Height Limit       45 ft or 3 stories, whichever is less
                                          Setbacks2
              Building-Principle Structure
              Front Yard                   40 (60) feet -- Plus 1 foot for ever 1
                                           foot of building height over 30 feet
                                           (maximum setback of 80 feet)


                                            44
               Side Yard                        20 (40) feet
               Side Yard (Street)               40 (40) feet
               Rear Yard                        20 (60) feet
               Parking
               Front side, or rear to a street 20 (20) feet
               Side Interior                    15 (20) feet
               Rear Yard                        15 (20) feet
               To residential                   15 (20) feet
               1
                 Minimum lot size, width, depth and the like shall not include area
               of street easements, right-of-way, or common areas.
               2
                 Setbacks in parentheses apply adjacent to R-1 --- Residential
               Districts. A 20 foot setback is required for any structure or parking
               adjacent to any other residential district.

     SECTION 6. AMENDMENT. The Dayton City Code is hereby
amended by adding Section 1001.064 as follows:

1001.064. ADDITIONAL NON-RESIDENTIAL DISTRICTS.

Subd. 1. Village-Mixed Use (VM) District

        (1) Intent. To provide for and encourage integrated and appropriate scale
        mixed use development within certain areas of the Historic Village area.
        Require high quality site and architectural design in conformance with the
        unique character and scale of the Village.

        (2)     Permitted uses. See table at subdivision 3.

         (3)     Permitted accessory uses.

               a. Uses listed as accessory uses in table at subdivision 3 and item 1
               listed below which are customarily incidental and clearly subordinate to
               the permitted or approved conditional use. All accessory uses, except for
               those listed below are to be contained wholly within a lawfully erected
               principal building.

                    1. Any outdoor display of goods or materials shall be as approved
                    as part of the final site plan and building plan approval process.

        (4) Conditional uses. See table at subdivision 3 for a list of
        conditional/interim uses.

        (5)     District requirements.

                                                                Sanitary Sewer




                                             45
Minimum lot size                                               6,000 square feet

Minimum lot width                                              40 feet

Minimum lot depth                                              100 feet

Maximum impervious surface coverage                            90%

Maximum building footprint coverage                            75%

Structure height limit                                         30 feet

           (6)     Setbacks.

Building

Front                                                         0-10 feet*

Side to a street                                              0 - 10 feet*

Side                                                          5 feet

Rear                                                          10 feet

To a residential zone                                         30 feet

* New buildings shall be constructed at a build-to-line of between 0 and 10 feet from the public
street right-of-way to create a uniform streetscape.

* Parking - No parking is allowed in front of the primary building. All off-street parking shall
be located to the side or rear of the building.

To a street                                                   15 feet

Side                                                          5 feet**

Rear                                                          5 feet**

To a residential zone                                         10 feet

* Minimum lot size, width, depth, and the like shall not include area of street easements, right-
of-way or common areas.

* Setbacks to street frontages shall be measured from the edge of the right-of-way as dedicated
in conformance with City, county or state requirements and the Dayton Comprehensive Plan.

** May be reduced to 0 feet when abutting another parking lot and covered by a joint access



                                            46
and circulation agreement between the 2 parcels, subject to review and approval of the City.

         (7)     Special provisions.

                a. See Subsection 1001.17 for the exterior building material
                requirements.

                b. Final site and building plan approval is required prior to issuance of a
                permit for construction, expansion or exterior remodeling. See Subsection
                1001.16 for the final site and building plan requirements.

                c. All new development is required to be connected to municipal
                utilities.

         (8)     Sign regulations. Refer to Subsection 1001.20.

         (9)     Parking regulations. Refer to Subsection 1001.19.

         (10)     Other performance standards. Refer to Subsection 1001.14.

Subd. 2. Public Recreation (PR) District.

         (1)     Permitted uses. See table at subdivision 3.

         (2) Permitted accessory uses. Uses listed as accessory uses in table at
         subdivision 3 when customarily incidental and clearly subordinate to the
         permitted or approved conditional use. Accessory uses are to be contained
         wholly within a lawfully erected principal building, except designated
         accessory structures approved as a conditional use.

         (3) Conditional uses. See table at subdivision 3 for a listing of
         conditional/interim uses.

         (4)     District requirements.

Minimum district size                                                  none

Minimum lot area - non-residential                                     20 acres

Minimum lot depth - non-residential                                    330 feet

Minimum lot width - non-residential                                    500 feet

Maximum lot coverage of all structures                                 2%

         (5)     Setbacks.




                                            47
Front, side or rear to a street*                                      30 feet

Maximum dwelling front setback                                        500 feet

Interior side yard, minimum                                           50 feet

Interior side yard, abutting residences                               50 feet

Rear yard, minimum*                                                   50 feet

Rear yard, abutting residences                                        50 feet

Rear yard, detached accessory uses                                    50 feet

* Street setback abutting an arterial street shall be a minimum of 50 feet

            (6)   Other requirements.

Principal structure height limit                                       25 feet

Accessory structure height limit                                       25 feet

Minimum distance between principal buildings on the same lot           35 feet


Subd 3. Table of uses.

N-Not Permitted
 P-Permitted
 C-Conditional/Interim Use
Permit
 A-Accessory

Use                                          Zoning District

                                             VM         RP

Accessory buildings                          N          F

Adult use                                    N          N

Agriculture                                  N          C

Auto and marine sales                        N          N

Auto and marine services major repair        N          N

Auto & marine services minor repair          C          N

Boarding houses                              C          N



                                             48
Bus/transit station                  C    N

Business/trade schools               C    N

Clinics/medical offices              P    N

Commercial recreation                C    C

Convenience/gas station              C    N

Day care                             C    C

Day care accessory to business use   A    A

Essential services                   P    P

Equipment rental                     C    N

Financial institutions               P    N

Financial institutions w/drive up    C    N

Heavy manufacturing                  N    N

Hospitals                            N    N

Industrial heavy                     N    N

Industrial, light                    C    N

Industrial, medium                   P    N

Laboratories-medical, dental         C    N

Mining                               N    N

Mini-storage, commercial             N    N

Mortuaries, funeral homes            C    N

Motels, hotels                       N    N

Nurseries, retail                    C    N

Off sale liquor store                C    N

On sale liquor establishment         C    C



                                     49
Offices                                   P          N

Outdoor display area                      C          N

Outdoor storage area                      N          N

Private clubs                             C          C

Public parking facility                   C          N

Recreational vehicle sale                 N          N

Recycling facility indoor                 N          N

Recycling and salvage outdoor             N          N

Religious institutions                    C          N

Restaurant-Class I (sit down)             C          C

Restaurant-Class II (with alcohol)        C          C

Restaurant-Class III (fast food)          C          N

Restaurant-Class IV (with drive up)       N          N

Retail shops and services                 P          A

Schools                                   C          C

Theatres (indoors)                        N          N

Towers cellular and communication         C          C

Truck terminal                            N          N

Warehouse and distribution centers        N          N

Wholesaling                               C          N

Veterinary clinics                        C          N

NOTE: Any use not listed above as a permitted or conditional use
is not permitted, however uses that are not listed and are
intrinsically similar to a use listed above may be allowed when
specifically approved by action of the City Council.




                                          50
        SECTION 7. REPEAL. City Code §1001.17 is hereby repealed in
its entirety.

        SECTION 8. REPEAL. City Code §1001.19 is hereby repealed in
its entirety.

     SECTION 9. AMENDMENT. The Dayton City Code is hereby
amended by adding Section 1001.19 as follows:

1001.19. PARKING REGULATIONS.

Subd. 1. General Provisions.

       The following provisions apply in all districts.

        (A)     Maintaining existing spaces. Upon effective date of this chapter, existing
off-street parking spaces and loading spaces shall not be reduced in number unless the
number exceeds requirements set forth herein for a similar use.

        (B)     Damaged or destroyed buildings. Buildings, structures, or uses in
existence upon the effective date of this chapter that are subsequently damaged or
destroyed by fire or other cause may be re-established in compliance with §1001.22,
except that in doing so any off-street parking or loading which existed must be retained.
If the building, structure, or use is altered by changing the use, floor area, seating
capacity, or other facilities which would affect the requirement for parking or loading
spaces, the number of spaces may be reduced if excess spaces are available or the number
of spaces shall be enlarged if additional spaces are required.

        (C)     Prohibited uses in required parking areas. Required off-street parking
space in any district shall not be used for open storage of goods. Temporary/seasonal
sales areas are allowed in off-street parking areas of 20 spaces, but not more than 5% of
the total parking spaces.

       (D)    Accessible parking. All parking shall comply with the adopted codes and
the Americans with Disabilities Act (ADA), as deemed necessary. Accessible parking
cannot be used for temporary/seasonal sales.

               (1)     Required spaces. With the exception of single and two-family
                       dwellings, in all off-street parking facilities where parking is
                       provided for employees, visitors, or residents, parking spaces for
                       disabled persons shall be provided. The number of accessible
                       parking spaces shall be included in the total number of required
                       parking spaces and shall be in accordance with the applicable
                       requirements of the current Minnesota Accessibility Code adopted



                                            51
                       by the City, as amended from time to time, and all additional
                       governing codes and applicable laws.
               (2)     Dimensions and Design. Such spaces shall comply with the design
                       standards presented in section §1001.19 Subd. 9 and shall provide
                       an accessibility aisle between each space provided. Such spaces
                       shall be identified by a sign and pavement markings indicating
                       parking for the disabled only. Such spaces shall be the spaces
                       closets to the entrance of the building or structure, and shall be
                       connected by a paved surface designed to provide safe and easy
                       access.
               (3)

Subd. 2. Design, Construction, and Maintenance.

        (A)    Design. All parking lots, spaces, driving aisles, and circulation patterns
shall be designed in conformance with the minimal dimensional requirements and layout
configurations in §1001.19 Subd. 9.

         (B)     Location of parking spaces. All required off-street parking spaces in all
districts shall be on the same lot as the principal building, unless allowed through the
issuance of a conditional use permit (CUP).

        (C)     Queuing of vehicles. Parking and circulation shall be designed to avoid the
queuing of vehicles within the public right-of-way. Gates or other access limiting devices
shall not be installed until the city finds that the devices will have no adverse impact on
the public right-of-way.

        (D)    Circulation design. Parking areas shall be so designed that circulation
between parking bays or aisles occurs within the designated parking lot. Parking area
design that requires backing into the public street is prohibited.

         (E)    Access to parking spaces. All off-street parking spaces shall have access
from private driveways or parking lot aisles and shall not depend on a public street for
access to parking spaces or for circulation within the parking lot. Backing onto a public
street from a parking space, other than for parallel parking spaces and 45 degree parking
spaces in V-M, Village Mixed Use District, is prohibited. This requirement applies to
parking for all uses except single and two-family dwellings and townhouses where
parking is accessed by individual driveways. The width of the driveways and aisles shall
conform to the minimal dimensional requirements as regulated in §1001.19 Subd. 9 and
shall be so located as to cause the least interference with traffic movement.

       (F)    Fire access lanes. Fire access lanes shall he provided as required by the
Building and Fire Code.

        (G)    Lighting. Any lighting used to illuminate an off-street parking area shall
be not being directed upon the public right-of-way and nearby or adjacent properties.



                                             52
The illumination must be indirect or diffused. Consideration should be given to provide
lighting for pedestrians and vehicles. On-site lighting shall be provided as is necessary
for security, safety and traffic circulation.

        (H)    Curbing. All open off-street parking areas designed to have head-in
parking along the property line shall provide a curb not less than 5 feet from the property
line. The curbing requirement applies to parking in all uses except private single and two-
family dwellings and townhomes unless requested by the City Engineer for drainage
purposes.

      (I)    Landscaping. Landscaping Design requirements and maintenance shall
comply with §1001.18.

        (J)     Surface and drainage. Off-street parking areas and driveways in
Commercial or Industrial Districts shall be improved with a durable and dustless surface
such as concrete or bituminous. The City may consider the use of permeable pavers,
pervious asphalt, or other surface technology to improve stormwater management as part
of an overall system. All surfacing for driveways in R-1, R-2, R-3, R-E, V-M, and H-M
Districts furnishing access to a dwelling unit or garage and all parking areas shall be
surfaced with concrete or bituminous material so as to be dust free. Off-street parking
areas and driveways in A-1, A-2 and S-A Districts may be surfaced with a crushed rock
material or other approved material. All surfacing must be completed prior to occupancy
of the structure unless other arrangements have been made with the city. Parking lots and
adjoining areas shall be graded and drained to dispose of all surface water accumulation
within the parking area. Plans for surfacing and drainage shall be subject to approval of
the City Engineer.

        (K)     Marking of spaces. To assure full parking capacity as designed, except in
single-family, two-family, and townhouse development, spaces shall be marked with
painted lines 4 inches wide in accordance with the approved Site Plan. Accessible
parking spaces shall be marked with a symbol that is in accordance with the Americans
with Disabilities Act.

        (L)    Signs. No signs shall be located in any parking area except as necessary
for orderly operation of traffic movement.

       (M) Screening. Screening of parking lots and driveways into parking lots shall
be required as specified in §1001.18.

       (N)      Maintenance of off-street parking spaces. It shall be the joint
responsibility of the operator and owner of the principal use, uses, and/or building to
maintain, in a neat and adequate manner, the parking spaces, drive aisles, landscaping,
screening, and fences.

       (O)     Approval of parking plans. Except for single-family and two-family
dwellings, before any construction occurs on any new, enlarged, reduced, reconfigured,



                                            53
or altered parking lot, plans for the parking lots shall require review and approval by the
city through the site plan approval process. When the parking lot is in conjunction with
an application for a new structure, expansion of an existing structure, or expansion of a
use of land, parking lot plans shall be a part of the site plan review and approval process
as specified in §1002.04. The parking lot plans shall be shown on a site plan drawn to
scale and shall include: a layout of spaces, accessible spaces, drive aisles and access
drives with dimensions; construction materials: grading and drainage; screening;
landscaping; signage; lighting; and a tabulation of the number of spaces required relative
to square footages of specific uses on the site and the number of spaces provided.

Subd. 3. Parking Provisions in Residential Districts.

       The following provisions shall apply to parking in all Residential Districts unless
otherwise stated.

       (A)     Location of parking spaces and driveway aisles.

                (1)     Same lot as principal building. Required off-street parking space in
all Residential Districts shall be on the same lot as the principal building, and multiple-
family dwellings shall have their required parking within 200 feet of the main entrance to
the principal building being served.

               (2)     Parking setbacks.

                       (a)     Front yard. Off-street parking shall not be located in
required front yards unless located on a designated driveway leading directly into a
garage or 1 surfaced space located on the side of a driveway adjacent to the dwelling
meeting the required driveway setback. The extra space shall be surfaced as required in §
1001.16.

                        (b)     Clear View Triangle/Corner lots. On corner lots off-street
parking shall not be located in the clear view triangle. The clear view triangle is formed
by the curb lines or edge of street extended and the line connecting 55 feet from the
intersection of the street edges or curb lines extended.

                       (c)     Side or rear yards. Off-street parking and driveways shall
not be located within 5 feet of any side or rear lot line and cannot impede drainage. Off-
street parking and driveways, if placed in an easement, must be approved in writing by
the holder of the easement.

       (B)     Use of parking facilities. Off-street parking shall be used solely for the
parking of vehicles not to exceed 1 ton capacity.

       (C)     Screening of parking facilities.




                                             54
                           1. All parking and driveways to parking areas for multiple-
                              family dwellings shall be screened, as required in
                              §1001.18, from all adjacent property.
                           2. All parking and driveways to parking areas for
                              nonresidential uses in Residential Districts shall be
                              screened, as required in §1001.18 from all adjacent
                              property.

Subd. 4. Parking Provisions in Business Districts.

       The following provisions shall apply in all Business Districts.

       (A)     Same lot as principal building. Required off-street parking spaces in all
Business Districts shall be on the same lot as the principal building.

       (B)    Parking setbacks are stated in the zoning districts language found in
Section 1001.06.

Side Interior setback may be reduced to 0 (zero) feet if master planned and shared
parking practices will be implemented.

       (C) Clear View Triangle/Corner lots. On corner lots off-street parking shall not be
           located in the clear view triangle. The clear view triangle is formed by the
           curb lines or edge of street extended and the line connecting 55 feet from the
           intersection of the street edges or curb lines extended.

        (D)     Exemptions. Commercial uses zoned V-M (Village Mixed Use) are
exempt front the off-street parking requirements of this chapter. Uses with requirements
for substantial parking, e.g., theaters and restaurants, are encouraged to provide off-street
parking for their patrons.

Subd. 5. Parking Provisions in Industrial Districts.

       The following provisions shall apply in all Industrial Districts.

        (A)     Same lot as principal building. Required off-street parking space in all
Industrial Districts shall be on the same lot as the principal building.

       (B)     Parking setbacks are stated in the zoning districts language found in
               Section 1001.06.
       (C)     Clear View Triangle/Corner lots. On corner lots off-street parking shall
               not be located in the clear view triangle. The clear view triangle is formed
               by the curb lines or edge of street extended and the line connecting 55 feet
               from the intersection of the street edges or curb lines extended.




                                             55
       (D)   Screening of parking facilities. All parking and driveways to parking
             areas for multiple-family dwellings shall be screened, as required in §§
             1001.18, from all adjacent property.
Subd. 6. Parking Design Requirements In All Business, Commerical, and Industrial
Districts.

       A. Parking Area Design: To break up the appearance of large impervious areas,
       all parking lots in business, commercial, industrial and multiple family residential
       zoning districts and non-residential uses in residential districts shall be subject to
       the following design standards.

              1. Parking lot islands shall be required at the beginning and end of each
              parking row to break up longer rows.
              2. Continuous landscaped medians shall be provided every 3 (or fewer)
              banks of parking. Medians shall have a landscaped area at least 9 feet in
              width. Type and quantity of landscaping shall comply with Section
              1001.18.
              3. Parking spaces shall not be located between the front façade line of
              buildings and a street edge
              4. Parking areas greater than 50,000 square feet shall be divided both
              visually and functionally into smaller parking courts.
              5. Parking spaces and rows shall be organized to provide consolidated soft
              landscaped areas and opportunity for on-site stormwater management.
              6. Parking rows shall be limited to a maximum length of 22 spaces.
              Longer rows shall include landscaped breaks, such as islands, with shade
              trees.
              7. The total area calculated for landscaping within the parking lot is
              calculated as part of the overall landscape requirements of the site. In the
              event that a parking lot may not have adequate space for landscaping
              islands, the landscaped areas internal of the parking area and adjacent to
              the building may be counted towards the required landscaped percentages
              within a parking lot.
              8. 35% of all parking spots in a parking lot must abut a landscaped area or
              a sidewalk.

       (B) Pedestrian circulation: All parking lots in Business, Mixed Use, Industrial
           zoning districts shall be subject to the following standards to provide a safe
           pedestrian environment:
              1. Parking areas shall include a direct and continuous pedestrian network
                  within and adjacent to parking lots to connect building entrances,
                  parking spaces, public sidewalks, transit stops, and other pedestrian
                  destinations.
              2. At least one pedestrian route shall be provided between the main
                    building entrance and the public sidewalk that is uninterrupted by
                    surface parking and driveways.




                                             56
       3. In larger parking lots or where parking lots serve more than one
           building or destination, provide designated pedestrian pathways for
           safe travel through the parking lot.
       4. All pedestrian routes within a parking lot shall include a clear division
           from vehicular areas, with a change in grade, soft landscaping, or a
           change in surface materials.
       5. Where pedestrian routes cross street access driveways and other major
           drive aisles, crossings shall be clearly marked and sight distance for
           both pedestrian and vehicles shall be unobstructed.


(C) Parking Area Island Landscape Standards: All parking lot islands or medians
    in Business, Mixed-Use and Industrial zoning districts shall be landscaped in
    accordance with Section 1001.18.


(C)Parking Area Stormwater Management Design Requirements:
       1. Rainwater and snowmelt shall be managed to encourage infiltration,
           evapotranspiration, and water re-uses to achieve water quality and
           quantity measures specified in the Surface Water Management Plan.
           Design practices for managing stormwater may include, but are not
           limited to, the following practices:
               i. Permeable paving for parking spaces, drive aisles, overflow
                  parking, snow storage areas, and other hard surfaces in the
                  parking lot
               ii.      Restricting the use of impervious curbing in landscaped
                  areas
               iii.     Planting of trees, shrubs, and other absorbent landscaping
                  throughout the parking lot to provide shade and places for
                  water uptake
               iv.      Creation of bio-retention areas, such as swales, vegetated
                  islands, and overflow ponds
               v.Inclusion catch basin restrictors and oil/grit separators as
                  appropriate
               vi.      Creation of opportunities to harvest rainwater from
                  rooftops and other hard surfaces for landscape irrigation
       2. Where installed, bio-retention areas shall be appropriately designed
           and located to filter, store, and/or convey the expected stormwater
           flows from surrounding paved areas.
       3. Elm Creek Watershed District shall have final review and permitting
           authority for all surface water management measures proposed.




                                    57
Subd. 7. Required Off-Street Parking Spaces and Garages.

         (A)    General factors that determine the required number of parking spaces for
specified uses. The number of parking spaces required is based on several primary
factors:

               (1)    For residential uses, the number of dwelling units;

               (2)    For most office and business uses, the floor area in square feet of a
                      specific use;

               (3)    For some industrial and public service uses, the number of
                      employees (usually on the major shift);

               (4)    For service businesses (clinics, mortuaries, and the like), the
                      number of offices, vehicles, or other operational unit;

               (5)    For gathering places, the seating capacity;

               (6)    For multiple function uses (including uses that may have more than
                      one subuse), the sum of the individual requirements.

       (B)     Calculation of parking requirements.

               (1)    Floor area. For the purpose of determining off-street parking
                      requirements, the term FLOOR AREA shall mean the sum of the
                      gross horizontal areas of the several floors of a building, including
                      interior balconies, mezzanines, basements, and attached accessory
                      buildings, but exempting that area primarily devoted to window
                      display, storage, fitting rooms, stairs, escalators, unenclosed
                      porches, detached accessory buildings utilized for dead storage,
                      heating and utility rooms, inside off-street parking, or loading
                      space. Measurements shall be made from the inside of exterior
                      walls.

               (2)    Multiple types of use in a single building, or in a complex of
                      several buildings on a single site. In instances where more than 1
                      type of use occupies the same building or parcel, the total number
                      of required spaces shall be based upon the parking requirements
                      for each use. Parking need will be based on existing and potential
                      uses of the building.
                      In cases where potential future uses will generate additional
                      parking demand, the city may require proof of parking plan for the
                      difference between the immediate and potential parking needs. In
                      cases where potential users are unknown, parking shall be
                      calculated using 80% of the gross floor area of the building.



                                            58
(3)   Bench seating. In stadiums, sports arenas, churches, and other
      places of assembly in which patrons or spectators occupy benches,
      pews, or other similar seating facilities, each 18 inches of the
      seating facilities shall constitute 1 seat for the purpose of
      calculating required parking.

(4)   Reduced parking requirement: The city recognizes reuse of sites
      and that the strict interpretation of the parking standards of this
      section may not be appropriate for each specific use or lot.
      Therefore, the city council may approve alternative parking
      standards through the City review process provided the applicant
      can demonstrate, based upon documented parking studies and site
      specific analysis, that a need exists to provide more or fewer
      parking stalls than the maximum or minimum parking standards or
      to deviate from pervious paving/paver system standards. Factors to
      be considered in such determination include (without limitation)
      national parking standards, parking standards for similar
      businesses or land uses, size of building, type of use, number of
      employees, expected volume and turnover of customer traffic and
      expected frequency and number of delivery or service vehicles and
      appropriate soils and/or site conditions to support pervious
      paving/paver systems.

(5)   Joint parking facilities.

      (a)     Off-street joint parking facilities. Off-street parking
              facilities for a combination of mixed buildings, structures,
              or uses may be provided collectively in any Business or
              Industrial District in which separate parking facilities for
              each separate building, structure, or use would be required,
              provided that the total number of spaces provided shall
              equal the sum of the separate requirements of each use and
              properties are contiguous to each other. The joint use of
              parking facilities shall be protected by a recorded covenant
              acceptable to the city.

      (b)     Joint or combined parking facilities or adjoining parking
              facilities on separate lots as authorized and when
              constructed adjacent to a common lot line separating 2 or
              more parking areas are not required to observe the parking
              area setback from the common lot line.

      (c)     Joint parking facility reductions. The City Council may,
              after receiving a report and recommendation from the
              Planning Commission, approve a CUP for 1 or more



                             59
businesses that would allow the number of required spaces
to be reduced if the following conditions are found to exist:

1.     Entertainment uses. Up to 50% of the parking
       facilities required for a theater, bowling alley, or
       similar commercial recreational facility may be
       supplied by the off-street parking facilities provided
       by type of uses specified as primarily daytime uses
       in §1001.19 Subd. 7 (10)(b) below.

2.     Nighttime or Sunday uses. Up to 50% of the off-
       street parking facilities required for any use
       specified under § 1001.19 Subd. 7 (10)(b) below as
       primarily daytime uses may be supplied by the
       parking facilities provided by the following
       nighttime or Sunday uses: auditoriums incidental to
       public or parochial school, churches, bowling
       alleys, theaters, or apartments.

3.     Schools, auditorium, and church uses. Up to 80% of
       the parking facilities required by this section for a
       church or an auditorium incidental to a public or
       parochial school may be supplied by the off-street
       parking facilities provided by uses specified under §
       1001.19 Subd. 7 (10)(b)(7)(8)(9)(10) below as
       primarily daytime uses.

4.     Daytime uses. For the purpose of this section, the
       following uses are considered as primarily daytime
       uses: banks, business offices, retail stores, personal
       service shops, service shops, manufacturing,
       wholesale, and similar uses.

5.     Additional criteria for joint parking. In addition to
       the preceding requirements, the following
       conditions are required for joint parking usage:

       a.      Proximity. The building or use for which
               application is being made to utilize the off-
               street parking facilities provided by another
               building or use shall be located within 300
               feet of the parking facilities.

       b.      Conflict in hours. The applicant shall
               demonstrate in documented fashion that
               there is no substantial conflict in the



              60
                            principal operation hours of the 2 buildings
                            or uses for which joint use of off-street
                            parking facilities is proposed.

                    c.      Written consent and agreement. A legally
                            binding instrument, executed by the parties
                            concerned, for joint use of off-street parking
                            facilities, duly approved as to title of
                            grantors or lessons, and form and manner of
                            execution by the City Attorney, shall be
                            filed with the city and recorded with the
                            Hennepin or Wright County Recorder or
                            Registrar of Titles, and a certified copy of
                            the recorded document shall be filed with
                            the city within 60 days after approval of the
                            joint parking use by the city.

(6)   Proof of parking. The City may permit parking banking of up to
      twenty-five percent (25%) of the required parking spaces through
      the site plan review process.

      (a)    Sufficient evidence shall be provided by the applicant that
             supports the reduced parking needs.

      (b)    The area proposed for banking of parking spaces shall be
             an area suitable for parking at a future time.

      (c)    Landscaping of the banked area shall be in full compliance
             of the zoning regulations and at a minimum landscaped
             with turf. As a result of the site plan review process, the
             City may require additional landscaping of the land-banked
             area.

      (d)    The parking banking area cannot be used for any other use
             without amendment of the site plan.

      (e)    As part of the site plan review process, the applicant shall
             show the area to be banked on the site plan and marked as
             “banked future parking.”

      (f)    The City, on the basis of increased parking demand for the
             use, shall require the conversion of all or part of the banked
             area to off-street parking spaces.




                           61
(7)    Garage size. The minimum garage size for single and 2-family
       dwellings attached or detached, shall be 440 square feet (22' x 20')
       for each dwelling unit with a basement and 540 square feet (22’ x
       24’) without a basement.

(8)    Parking requirements for uses not specified herein. In the event
       this chapter does not specify the number of parking spaces for a
       specific use, the determination of required parking spaces shall be
       made using the following criteria:

       (a)    The number of parking spaces required for a use in terms of
              the parking demand anticipated to be generated;

       (b)    The square footage to be occupied by the proposed use;

       (c)    The number of employees and patrons that are anticipated
              for the proposed use.

(9)    Fractional spaces. When the calculation of required number of
       spaces results in a fraction, each fraction of one-half or more shall
       constitute another space.

(10)   Required minimum parking. The minimum number of parking
       spaces for each use shall be as follows:

       (a)    Residential. (Residential minimum parking requirements
              shall have flexibility through the development process if a
              project meets the goals and policies of the Comprehensive
              Plan to achieve affordable housing).

       1.     Single and two-family dwellings. Each dwelling unit shall
       include 2 enclosed spaces and 2 surfaced spaces.

       2.      Townhouses. Each dwelling unit shall include 2 enclosed
       spaces and 2 surfaced spaces, plus an additional one-half parking
       space per dwelling unit for visitors. Visitor parking may be
       consolidated in key areas of the townhouse development or it may
       be located in driveways leading to garages, provided that the
       visitor parking space will not interfere with circulation.

       3.     Multiple-family dwellings. Two spaces per dwelling unit, 1
       of which must he enclosed, plus an additional one-half parking
       space per every 5 dwelling units for visitors.

       4.      Senior housing. In connection with multiple dwelling units
       that restrict occupancy to senior citizens, the City Council may



                             62
grant a variance reducing the parking requirement to a minimum of
1.25 spaces per dwelling unit, 1 of which must be enclosed for
each 3 dwelling units. In connection with the variance, the City
Council will require that the landowner, for him or herself, his or
her successors and assignees, agree to expand available parking to
the full amount required by this section if the occupancy is not
restricted to senior citizens. Adequate land area shall be designated
and set aside for future expansion of the parking to the full amount
required by this section, if needed. For the purpose this section,
senior citizens are defined as persons 55 years of age or older.

5.      Manufactured home park. Two parking spaces per unit plus
one-half parking space for visitors. Each manufactured home park
shall maintain a hard surfaced off-street parking lot for guest of
occupants of at least one space for each five (5) coach sites.
Visitor parking may be consolidated in key locations of the
manufactured home park development.

6.     Special Residential.

       a.      Assisted living facility – ½ spaces per unit.
       b.      Daycare Nursery – 1 space per teacher/employee on
               the largest work shift, plus 1 off street loading space
               per 6 students.
       c.      Group Dwellings – 1 space per sleeping room or for
               every 4 beds.
       d.      Monasteries, Convents – 1 space per 6 residents,
               plus 1 space per employee on the largest work shift,
               plus 1 space per 5 chapel seats if the public may
               attend services.
       e.      Nursing Home other than Assisted Living Facility –
               1 space per 6 patient beds, plus 1 space per
               employee on the largest work shift.
       f.      Nursing Homes – 1 space per 6 patient beds, plus 1
               space per employee on the largest work shift.
       g.      Retirement Housing – for apartment dwelling units,
               1 space per unit with a minimum of half of the
               required spaces as enclosed garage spaces. The
               development shall include a proof of parking area
               sufficient to meet the parking the City Council
               determines that the development is not likely to be
               converted to nonage restricted housing in the
               foreseeable future. Townhouse dwelling units shall
               comply with the requirements of this subsection (g).




                     63
(b) Non-Residential.

       1)      Bed and breakfast establishments. Two spaces for
       the principal dwelling unit plus 1 space for each rental unit.

       2)    Board and Lodging Houses. 1 space for each 4
       beds.

       3)    Day Care Accessory to Business Use – 1 space per
       employee

       4)      Residential facilities. One space for each bed, plus 1
       space for each 3 employees at maximum shift other than
       doctors.
       5)      Hotel, motel. One space for each rental unit plus 1
       space for each employee at maximum shift, plus one space
       per three (3) persons to the maximum occupancy load of
       each public meeting and/or banquet room plus fifty (50%)
       of the spaces otherwise required for accessory uses (e.g.
       restaurants and bars).

       6)      Nursing home, assisted living facility, sanitarium,
       convalescent, rest home, or institution. One space for each
       6 beds for which accommodations are offered, plus 1 space
       for each 2 employees at maximum shift.

       7)      Schools, elementary and junior high. Three spaces
       for each classroom.

       8)       Schools, high school and all post secondary
       institutions. One space for each 4 students based on design
       capacity, plus 3 additional spaces for each classroom.

       9)     Place of worship and other places of assembly. One
       space for each 3 seats.

       10)    Community Center, Theatre, Assembly Hall,
       Auditorium, Sports Arena. One space per three patrons at
       the maximum occupancy load of the facility, plus one space
       per employee on the largest work shift.

       11)    Hospital. One space for each three hospital beds,
       plus one space for each four employees other than doctors
       at maximum shift, plus one parking space for each resident
       and regular staff doctor. Bassinets shall not be counted as
       beds.



                       64
12)    Medical clinic, dental clinic or animal hospital. Six
spaces per staff doctor or dentist.

13)    Animal Kennel – 5 spaces plus 1 for each 500 sq. ft.
over 1,000 sq. ft.

14)     Health club. One space for each 200 square feet of
floor area.

15)    Golf course, tennis or swimming club. Twenty
spaces minimum plus four spaces for each 200 sq. ft. floor
area.

16)     Mini Golf Course – 1.5 spaces per hole plus 1 space
for every employee.

17)    Bowling alley. Six parking spaces for each alley,
plus additional spaces as may be required for related uses
such as restaurant/bar.

18)    Vehicle related retail/service. Two spaces plus 3
spaces for each service stall, plus l space for each 250
square feet of building used for the sale of goods and
services, plus adequate stacking and maneuvering space for
pump island areas.

19)     Restaurant, café, bar, tavern, night club. One space
for each 2.5 seats based on design capacity and one space
per employee based on largest working shift or as
determined by the business plan and approved by the City.

20)     Restaurant, drive-in or take out. One space for each
15 square feet of floor area allocated to patron service and
counter area, plus 1 space for every 2.5 seats based on
design capacity.
21)     Retail stores. Five spaces for each 1,000 square feet
of floor area.

22)     Outdoor storage display of retail – 1 per 2000 sq ft
in addition to required use.


23)    Indoor Retail Storage Facility. One space per
employee at full shift plus one space for each 6,000 sq. ft.
two parking per dwelling



              65
24)    Cellular/Antenna/Communication Tower – 1 space
per tower for repair vehicle

25)     Office, Banks, Public Administration. One space
for each 200 square feet of floor area.

26)     Library, Museum, Post Office. One parking space
for each 300 sq. ft. of floor area.

27)      Funeral homes. Eight spaces for each chapel or
parlor, plus 1 space for each funeral vehicle maintained on
the premises. Aisle space shall also be provided off the
street for making up a funeral procession.

28)      Furniture store, wholesale, auto sales, repair shops.
Three spaces for each 1,000 square feet of floor area. Open
sales lots shall provide 2 spaces for each 5,000 square feet
of lot area, but not less than 3 spaces.

29)     Industrial, warehouse, manufacturing, processing
plant, storage, printing, publishing, handling of bulk goods,
garden supply, and building material sales. One space for
each employee on maximum shift or 1 space for each 2,000
square feet of floor area, whichever is greater.

30)    Crude oil, gasoline or other liquid storage tanks – 1
space for loading

31)    Research, experimental or testing station. One
space for each 350 sq. ft. floor area.

32)    Shopping centers. Five spaces for every 1,000
square feet of floor area.

33)     Marinas. One and one-half spaces per slip plus 1
space per employee and a minimum of twenty 12 by 25
foot trailer stalls.

34)     Public Parks – Parking spaces will be determined on
the type of park developed and the uses found in the park.

35)      All other retail. Ten spaces for every 1,000 square
feet of floor area.
36)




              66
Subd. 8. Off-Street Loading and Unloading Areas.

        (A)       Required loading berths. In connection with any structure which is to be
erected or substantially altered and which requires the receipt or distribution of materials
or merchandise by vehicles, there shall be provided adequate space for loading and
unloading all vehicles used incidental to the operation of the use as determined by the
city. The size of the berths will depend upon the size of the vehicles to be used. Upon
receiving an application for a particular use for a parcel or building which is not
adequately provided with loading and unloading facilities, and which, in the opinion of
the city, is to receive or distribute goods or services which will necessitate the use of
trucking to the extent that special consideration should be given to the request, it shall be
referred to the Planning Commission for study and the City Council for determination.

        (B)     Location. All required loading berths shall be off-street and shall be
located on the same lot as the building or use to be served. A loading berth shall not be
located less than 25 feet from the intersection of 2 street right-of-ways, nor less than 50
feet from a residential district unless within a building. Loading berths shall not be
located in a required front yard.

        (C)   Access. Each required loading berth shall be located with the appropriate
means of vehicular access to a street or public alley in a manner that will least interfere
with traffic.

       (D)    Surfacing. All loading berths and access ways shall be improved with a
durable material to control the dust and drainage according to a plan approved by the City
Engineer.

        (E)     Other uses not allowed. Any space allocated as a loading berth or access
drive as required by this chapter shall not be used for the storage of goods, inoperable
vehicles or be included as part of the space requirements necessary to meet the off-street
parking area.

       (F)    Screening. Screening of loading areas, waste storage areas, and parking
from pedestrian activity shall be required as provided in §1001.18.

Subd. 9. Minimum Parking Space and Aisle Dimensions.

        (A)     Table. The parking dimensions for parking stalls, parking lots, and parking
drive aisles shall meet the following:

Angle of          Stall        Stall        Curb         Stall        Aisle        Aisle
Parking           Width        Length       Length       Depth        Width        Width
                                            per Car                   One-Way      Two-Way
0 degrees         10’          20’          23’          9’           12’          24’
(parallel)
30 degrees        10’          20’          18’          17’4”        12’          24’


                                             67
45 degrees        10’          20’         12’9”        19’10”       13’         24’
60 degrees        10’          20’         10’5”        21’          18’         24’
90 degrees        10’          20’         10’          20’          24’         24’
(Perpendicular)

         (B)     Parking stalls length reduction. Parking stall length may be reduced to 18
feet if sufficient room is provided beyond the parking stall for automobile overhang. The
overhangs shall not detrimentally impact or interfere with adjacent landscaping or
pedestrian movement and shall be free from surrounding obstructions.

       SECTION 10. EFFECTIVE DATE. This Ordinance shall be in full
force and effect from and after its passage and publication as required by
law.

     ADOPTED by the City Council of Dayton this _____day of
___________, 2010.

                                              ______________________________
                                              Mayor
ATTEST:

__________________________
City Clerk

Published in the ___________________ on _________________________.




                                            68

				
DOCUMENT INFO
Shared By:
Categories:
Tags:
Stats:
views:3
posted:7/27/2012
language:
pages:68