Dayton City Zoning Code

   It is the intent of this Subsection to provide that all residential and nonresidential uses and related activities shall be established and maintained with proper appearance from streets and adjoining properties and to provide that each use shall be a good neighbor to adjoining properties by the control of the standards set forth below.

   (1)   Vibration.

      a.   Vibration shall not be discernible at any property line to the human sense of feeling for 3 minutes or more duration in any 1 hour.

      b.   Vibration of any kind shall not produce at any time an acceleration of more than 0.1 gravities or shall result in any combination of amplitudes and frequencies beyond the safe range of Table VII United States Bureau of Mines Bulletin No. 422, “Seismic Effects of Quarry Blasting,” on any structure.

      c.   The methods and equations of Bulletin No. 422 shall be used to compute all values for the enforcement of this provision. The bulletin is incorporated herein by reference.

      a.   The design, construction and performance of all nonresidential uses shall be in conformance with City, County, and State of Minnesota standards and regulations.

      b.   The storage of trash shall be within principal buildings or otherwise shall be within an accessory enclosure complete with roof and walls of the same exterior finish as the main structure and screened from all Residential Districts with an adequate buffer.

   (1)   Where the average slope of a lot is greater than 1 foot rise or all in 7 feet of horizontal distance from the established elevation or the property line, 1 story in addition to the number permitted in the district in which the lot is situated shall be permitted on the downhill side of any building.

   (2)   Height limitations set forth elsewhere in this Subsection may be increased by 100% when applied to the following:

      a.   Monuments;

      b.   Flagpoles;

      c.   Cooling towers; and

      d.   Elevator penthouses.

   (3)   Height limitations set forth elsewhere in the Subsection may be increased by conditional use permit when applied to the following:

      a.   Church spires, belfries, or domes which do not contain usable space;

      b.   Water towers; and

      c.   Chimneys or smokestacks, radio and television broadcasting towers.

   (4)   Height limitations set forth in the Commercial and Industrial Districts may be increased to a greater height provided the following conditions are met:

      a.   No increase in height limitation shall be allowed, except by conditional use permit.

      b.   The building or portion thereof with increased height shall not be adjacent to nor closer than 300 feet to any lot in any Residential District.

      c.   Where an increase in the height limitation is allowed under this Subdivision, the building or portion thereof shall be set back from all side and rear lots lines an additional distance of 1 foot that the building exceeds the height limitation of the district in which it is located.

      d.   The building or portion thereof with increased height shall be set back from front yard lines an additional distance of 1 feet for every 1 foot that it exceeds 45 feet.

      e.   A site plan of the proposed building shall be submitted along with the application for conditional use permit. The site plan shall show the location and extent of the proposed building, parking, loading, access drives, landscaping and any other improvements. Upon consideration by the Planning Commission and subsequent approval by the City Council the site plan shall be attached to and become a part of the conditional use permit. Any substantial change to the site plan shall require a resubmission to the Planning Commission and subsequent approval by the City Council.

      f.   The provisions of Subsection 1001.14, Subd. 3(4)(b), (c) and (d) above, may be waived by the City Council in whole or in part, upon a finding that such a waiver would not have deleterious effect upon surrounding properties.

   Measurements shall be taken from the nearest point of the wall of a building to the lot line in question, subject to the following qualifications:

   (1)   Cornices, canopies, or eaves may extend into the required front yard a distance not exceeding 4 feet, 6 inches.

   (2)   Fire escapes may extend into the required front yard a distance not exceeding 4 feet, 6 inches.

   (3)   A landing place or uncovered porch may extend into the required front yard a distance not exceeding 6 feet, if the landing place or porch has its floor no higher than the entrance floor of the building an open railing may be placed around the place.

   (4)   The above enumerated architectural features may also extend into any side or rear yard to the same extent, except that no porch, terrace, or outside stairway shall project into the required side yard distance.

   (5)   A wall, fence or hedge may occupy part of the required front, side or rear yard.

   (6)   On double frontage lots, the required front yard shall be provided on both streets.

   (7)   In determining the depth of rear yard for any building where the rear yard opens into an alley, ½ of the width of the alley, but not exceeding 10 feet, may be considered as a portion of the rear yard subject to the following qualifications:

      a.   The depth of any rear yard shall not be reduced to less than 10 feet by the application of this exception.

      b.   If the door of any building or improvement, except a fence, opens toward an alley, it shall not be erected or established closer to the center line of an alley than a distance of 15 feet.

   No lot shall be so reduced that the area of the lot or dimensions of the open space shall be smaller than herein prescribed.

   The following accessory uses, in addition to those hereinbefore specified shall be permitted in any Residential District, if the accessory uses do not alter the character of the premises in respect to their use for the purposes permitted in the district.

   (1)   The renting of rooms or the providing of table board in a dwelling as an incidental use to that of its occupancy as a dwelling of the character permitted in the respective district, but not to the extent of constituting a hotel as defined in this Subsection, unless permitted in the district.

   (2)   The operation of necessary facilities and equipment in connection with schools, colleges, universities, hospitals and other institutions permitted in the district.

   (3)   News and refreshment stands and restaurants in connection with passenger stations.

   (4)   Recreation, refreshment and service buildings in public parks and playgrounds.

   (5)   Swimming pools, as regulated by Code Chapter 905, Subd. 3, Accessory Buildings.

   To encourage the availability of moderate-income housing yet provide for attractive exterior appearances, avoid overcrowding, maintain property values, provide harmonious use, and to promote the public health, safety, and general welfare, standards for single family site-built homes and manufactured homes on lots not within a mobile home park are hereby established:

   (1)   Each single family dwelling shall contain at least 960 square feet of livable floor space, not including the floor area of carports, garages, utility rooms, storage rooms.

   (2)   The minimum width of a single family dwelling shall be 24 feet at its narrowest point.

   (3)   The minimum length of a single family dwelling shall be 24 feet at its shortest point.

   (4)   The roof of a single family dwelling, except an earth-sheltered dwelling, shall have a roof pitch of not less than 1 foot of rise for each 3 feet of horizontal run. The minimum distance from the eaves to the ridge shall be 10 feet.

   (5)   The roof shall be covered with shingles, shakes, or tiles of uniform color and appearance.

   (6)   The exterior walls of a single family dwelling shall be covered with a material that is generally acceptable in residential areas; provided, however, that reflection from siding coated with clean, white, gloss, exterior enamel does not impact neighboring properties.

   (7)   Every single family dwelling shall be firmly attached or anchored to a permanent foundation below frost line in accordance with the requirements of the State Building Code in effect at the time the building permit is granted.

   (1)   For the purpose of applying the provisions of this Subsection, no distinction shall be made between manufactured, as defined herein, and dwellings substantially constructed on site.

   (2)   However, a manufactured home placed on a lot not within a mobile home park shall comply with all of the requirements of M.S. Chapter 327, as may be amended from time to time, in addition to the requirements of this Subsection; manufactured homes placed on a unit within a mobile home park shall comply with all of the requirements of M.S. Chapter 327, as may be amended from time to time.

      a.    No person shall construct a new access driveway within the City without first obtaining a permit to construct the driveway from the City Planner or Zoning Administrator.

         4.   A certificate of occupancy shall not be issued for any parcel until the access driveway has been completed and is approved by the City, or in the alternative, an escrow deposit, guaranteeing the timely and workmanlike completion of the access driveway, in an amount established by the City, has been provided to the City.

      c.   A driveway permit is not required to resurface an existing driveway, unless the driveway apron/approach (within City right-of-way) is being widened.

      b.    The driveway shall include an all-weather driving surface constructed pursuant to the following minimum specifications:

         1.   Driveway length (measured from centerline of road):

 

 

            (a)    Gravel surfaces shall have a minimum of 6 inches thick section with a 4 inch thick, well compacted Class 5 aggregate base of 100% crushed limestone (recycled concrete/bituminous or similar may be permitted for the base material) and shall have a minimum of 2 inch thick Class 5 surface. Gravel surfaces shall be allowed only within Agricultural Zoning Districts.

            (b)   Hard surface driveways shall be used in Residential Zoning Districts. Hard surface driveways shall have a minimum 6 inches thick section consisting of a minimum of 4 inches thick, well compacted aggregate base (Class 5, recycled concrete/bituminous, or similar may be used as base material) and shall be surfaced with a minimum of 2 inches of bituminous, or 4 inches of concrete may be used. Other hard surface material may be used as approved by the City Engineer, or Public Works Superintendent. It is recommended that a thicker base is used when clay or other low infiltrating soils are present.

            (c)   Driveways longer than 150 feet shall include a 12 feet by 12 feet hammerhead turn around built according to specifications that can be obtained from the City, which shall be approved by the City Fire Chief.

            (d)   Driveways through low areas susceptible to flooding shall be constructed a minimum of 2 feet above ground elevation. A culvert measuring a minimum of 12 inches in diameter may be required by the City Engineer.

            (e)   Driveways shall be setback from property lines a minimum distance of 10 feet on agricultural property and 5 feet on residential property, unless a shared access agreement between neighboring property owners and an encroachment agreement with the City allows the encroachment.

            (f)   Vertical clearance to overhead utilities shall be a minimum of 14 feet along all portions of every driveway.

            (g)   Driveways shall have a minimum radius at street level of 10 feet in agricultural and 5 feet in residential areas.

            (h)   Driveway surfaces adjacent to streets shall be no higher than the existing street surface.

   (1)   In order to insure compliance with the performance standards set forth above, the City Council may require the owner or operator of any use to have made the investigations and/or tests as may be required to show adherence to the performance standards.

   (2)   The investigation and/or tests as are required to be made shall be carried out by an independent testing organization as may be approved by the City.

   (3)   The costs incurred in the investigation or testing shall be ordered by the owner or operator and shared equally by the owner or operator and the City unless the investigation and tests disclose noncompliance with the performance standards; in which situation the investigation or testing shall be paid by the owner or operator.

      a.   Complete plans and specifications for the construction of the pool;

      b.   A site plan showing the location of all structures on the lot, including the house, garage, fences, trees, overhead or underground wiring, utility easements, and other significant improvements or natural features;

      c.   The proposed location of pumps, filters, electrical power source (if applicable), flushing and drainage outlets, and other optional features;

      d.   Location and specifications of protective fencing.

      a.   Fence required. A safety fence at least 4 feet in height shall completely enclose the pool. All openings or points of entry into the pool area shall be equipped with gates or doors. All gates and doors shall have a latch which shall be so constructed and so placed as to be inaccessible to small children. All gates and doors shall be latched and locked to prevent access to the pool when the pool is not in use. Any opening between the bottom of the fence and the ground level shall not exceed 3 inches.

         Safety fences shall be constructed so as to inhibit the climbing thereof by any person. Any safety fence constructed primarily of wood shall be composed of vertical members with spaces no greater than 3 inches between the boards. If constructed primarily of other materials, a safety fence shall contain no space through which a sphere 3 inches in diameter may pass.

            b.   It is the responsibility of every installer of lighting and every owner or occupant of property on which a light source is located to comply with the provisions of this section.

            a.   Athletic field lighting is exempt from the height standards.

            b.   City-owned, -operated, or -maintained street lights located within a street right-of-way or other easement granted to the city are exempt from the footcandle standards at property lines.

            c.   Holiday displays and decorations are exempt from the down-casting standards.

            d.   Wall lights on single-family residential are exempt from the down-casting standards of this subdivision, provided it is installed under cover, such as a porch, eave, or another portion of a building, so light from the source is not projected into the sky.

            e.   Low-level landscape lighting is permitted to be upcast.

            f.   Uplighting the American Flag is permitted.

 

 

(Prior Code, § 1001.12, subds. 1 and 4) (Am. Ord. 2010-06, passed 3-23-2010; Am. Ord. 2010-23, passed 12-14-2010; Am. Ord. 2012-09, passed 10-9-2012; Am. Ord. 2014-10, passed 7-8-2014; Am. Ord. 2018-13, passed 4-10-2018; Am. Ord. 2020-07, passed 2-24-2020; Am. Ord. 2024-09, passed 6-25-2024; Am. Ord. 2025-17, passed 7-22-2025)