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Dayton City Zoning Code

1001.06 BUSINESS

DISTRICT SPECIAL REQUIREMENTS.

Subd. 1 Special Requirements and Performance Standards in all Business Districts

         (1)   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.
      a.   Design elements. The building design must include architectural interest through the use of a minimum of 3 of the following elements:
         1.   Accent materials;
         2.   A visually pleasing front entry that, in addition to doors, shall be accented a minimum of 150 square feet around the door entrance for single occupancy buildings and a minimum of 300 square feet total for the front of multi-tenant buildings (this area shall be counted as 1 element);
         3.   Twenty-five percent window coverage on each front that faces a street;
         4.   Contrasting, yet complementary material colors;
         5.   A combination of horizontal and vertical design features;
         6.   Irregular building shapes; or
         7.   Other architectural features in the overall architectural concept.
      b.   Other design requirements.
         1.   All principal buildings shall have an entry on a street;
         2.   Buildings shall provide a base and top to their architecture;
         3.   The tops of buildings shall be articulated to minimize “box” like images;
         4.   Buildings shall be architecturally unique and shall not be of a corporate architecture (including roof patterns, corporate colors, architectural elements, and similar treatments).
      c.   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 100 feet 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.
      d.   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 24 inches from grade. Architectural metal may be considered with matte 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, 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.
      e.   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 25% of any exterior wall on a building shall be fiber cement siding, wood or metal accent material.
      f.   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.
      g.   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.
   (2)   Trash and recyclable materials. All trash, recyclable materials, and trash and recyclable materials handling equipment shall be stored within the principal structure; 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 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 6 months of receiving notice from the City. For the purposes of this section, “trash” means “mixed municipal solid waste” as defined under Subsection 1001.03, Subd. 2 of the City Code.
   (3)   Off street parking. Design and maintenance of off street parking areas in accordance with Subsection 1001.19 of this Code.
   (4)   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.
   (5)   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 1, 2010 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.
   (6)   Ground mechanical equipment. Ground mechanical equipment shall be 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.
   (7)   Outdoor storage. There shall be no outdoor storage of either materials or products, except through the issuance of an interim use permit.
   (8)   External loading and service areas. External loading and service areas must be 100% screened from the ground-level view from contiguous residential or commercial properties and adjacent streets, except at access points.
   (9)   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 90% opaque at time of installation, nor less than 6 feet in height, except adjacent to a street where it shall be not less than 3 feet nor more than 4 feet in height shall be erected and maintained. All screening shall comply with Subsection 1001.24.
   (10)   Headlight screening. The light from automobile headlights and other sources shall be 100% screened whenever it may be directed onto adjacent residential window.
   (11)   Pedestrian environment. Pedestrian connections to the surrounding neighborhood shall be incorporated into neighborhood commercial development.
      a.   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 2 of the following:
         1.   Patterned materials on walkways;
         2.   Shelters;
         3.   Trash receptacles;
         4.   Drinking fountains;
         5.   Pedestrian lighting;
         6.   Fountains, sculptures, mobiles, kiosks, or banners;
         7.   Street trees, flower boxes, or container landscaping.
      b.   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 6 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 (where use is listed)

   (1)   Motor fuel stations shall be subject to the following standards:
      a.   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.
      b.   The total height of any overhead canopy or weather protection shall not exceed 20 feet in height.
      c.   No sales or rental of motor vehicles or trailers or campers shall be permitted.
      d.   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.
      e.   Each motor fuel station shall be compatible with the area in which it is located.
      f.   A minimum 10 foot landscaped yard shall be planted and maintained behind the property line along all public streets. A landscaped yard not less than 5 feet wide shall be maintained along exterior property lines.
      g.   Motor fuel dispensers shall be located at least 30 feet from a property line, and 100 feet from R- District property lines.
      h.   1.   Structures shall be set back:
            (a)   Front: 30 (60) feet;
            (b)   Side: 30 (50) feet;
            (c)   Rear: 30 (50) feet.
         2.   Setbacks in parentheses apply to lot lines adjacent R-Districts.
      i.   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 Subsection 1001.14.
      j.   Litter control. The operation shall be responsible for litter control within 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 litter control.
      k.   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.
   (2)   Accessory car wash and vacuums.
      a.   No more then 1 car wash bay shall be allowed.
      b.   The car wash shall be designed to be an integral part of the principal building, and may not be a separate freestanding structure.
      c.   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.
      d.   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.
      e.   Neither the car wash or accessory vacuum shall be located within 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.
      f.   Both the car wash and accessory vacuum shall conform to noise regulations as defined in Subsection 1001.14.
   (3)   Multiple tenant retail sales and service facilities shall be subject to the following standards:
      a.   The physical design may include more than 1 building. If there is an open space between 2 buildings, the space shall not be less than 1/2 the sum of the heights of the 2 buildings.
      b.   No building shall be nearer than 60 feet to any exterior lot line except when abutting or across the street from an R District in which case the minimum distance shall be 100 feet.
      c.   The design shall include adequate internal circulation drives not less than 24 feet in width which are exclusive of the required parking areas.
      d.   The driveway curb cuts to the development shall not exceed 26 feet in width and be located not less than 60 feet from all intersecting streets.
   (4)   Incidental outdoor seating for food service businesses.
      a.   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:
         1.   The seating shall be located on private property.
         2.   The seating shall be of good patio or café type furniture that enhances the appearance of the business.
         3.   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.
         4.   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.
         5.   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.
         6.   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 4 foot wide passageway for pedestrians.
         7.   No additional parking is required for 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 30 seats shall provide required parking based on 1 space per 3 seats. Shared parking will be considered and may be approved by staff.
         8.   Any proposed outdoor seating plan over 50 or more seats shall be by conditional use permit.
         9.   All exterior sound equipment shall be shutoff at 10:00 p.m. as regulated in Subsection 1001.14.
         10.   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 Subsection 1001.14.
         11.   Any proposed outdoor seating area on property abutting an R-Residential Zoning District shall be by conditional use permit.
         12.   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 (where use is listed)

   (1)   Office-warehouse facilities, office and wholesale showroom and multi-tenant warehouse facilities shall be subject to the following standards:
      a.   The facility must front on and have direct access onto a minor arterial or higher classification level street.
      b.   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.
      c.   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.
      d.   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.
      e.   All loading and service areas should be 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.
   (2)   Outdoor storage in the B-4 district which is accessory to the principal use shall be subject to the following standards:
            a.   The area devoted to outdoor storage shall be limited to 30% of the gross area of the lot and is limited to the rear yard.
            b.   Shall have a permanent structure on the parcel.
            c.   Shall be 100% screened, at a minimum of 6 feet 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. When fencing is used, landscaping shall be placed outside and along the perimeter of the fence to soften the appearance of the fence. Landscaping shall consist of a minimum of 2 trees and 5 to 10 shrubs per 100 feet of fence.
            d.   Developer shall submit site plans and sections illustrating sightlines from grade level view of properties and public view through the interim use permit process.
            e.   All lighting shall comply with the requirements in Subsection 1001.14.
            f.   The site plan for the outdoor storage area shall be subject to review by the City Engineer for applicable stormwater management requirements.
            g.   All non-storage parking area shall comply with the parking lot landscape requirements in Subsection 1001.19.
            h.   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.
   (3)   Open sales lots (motor vehicles sales, recreational vehicle sales lot) shall be subject to the following standards:
      a.   Shall have permanent structure on parcel.
      b.   Headlights shall be 100% screened from adjacent property lines.
      c.   Parking lot landscaping shall comply with Subsection 1001.19.
      d.   Shall be 100% screened, at a minimum of 6 feet in height, at time of installation, from abutting residential property lines, by means of a combination of fencing, landscaping, berming, and building placement.
      e.   Open rental and sales lots shall only be considered for vehicles of a noncommercial nature.
      f.   No car auctions shall be permitted on site.
      g.   No outdoor speaker systems shall be permitted.
      h.   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.
      i.   All lighting shall comply with the requirements in Subsection 1001.14.
      j.   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.
   (4)   Mini storage facilities.
      a.   All loading and service areas should be 100% screened, at a minimum of 6 feet 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.
      b.   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

   (1)   Maximum building height: 30 feet.
   (2)   Maximum building size: 15,000 square feet. More than 1 building may be built on a site. Maximum building size of up to 30,000 square feet allowed by conditional use permit.
   (3)   Roofs shall be pitched, mansard, or other roof types commonly found in the adjacent residential area.
   (4)   Freestanding signs - monument signs only, with a maximum height of 6 feet allowable.
(Ord. 2010-13, passed 7-13-2010; Am. Ord. 2018-12, passed 5-23-2018)