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Dayton City Zoning Code

1001.061 BUSINESS

DISTRICTS.

Subd. 1 Office Business District (B-1)

   (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, medical, and educational uses shall be available in the B-1 areas.
   (2)   Permitted uses. The following uses are permitted uses in the B-1 District:
      a.   Agricultural uses existing at the time of adoption this Subsection.
      b.   Antennas mounted on an existing structure, not exceeding 15 feet above the highest point of the structure, as regulated by Subsection 1001.21 of this Code.
      c.   Art studio, interior decorating studio, photographic studio, music studio provided no retail sales are made of products not manufactured on the site.
      d.   Banks, credit unions and other financial institutions without drive-up tellers.
      e.   Day care or preschool center.
      f.   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.
      g.   Funeral homes and mortuaries.
      h.   Government buildings where the use conducted is customarily considered to be an office use.
      i.   Health/athletic clubs (within a principal building).
      j.   Laboratories - medical and dental.
      k.   Offices, administrative/commercial.
      l.   Offices/clinics for medical, dental or chiropractic services.
      m.   Private clubs/lodges.
      n.   Religious institutions.
      o.   Research centers.
      p.   Schools, academies, colleges, universities, libraries.
      q.   Therapeutic massage.
   (3)   Permitted accessory uses. The following uses are permitted accessory uses in the B-1 District:
      a.   Any incidental repair or processing necessary to conduct a permitted principal use.
      b.   Buildings temporarily located for purposes of construction on the premises for a period not to exceed time necessary to complete construction.
      c.   Essential service structure.
      d.   Bus/transit stations.
      e.   Private garages, off-street parking and loading spaces as regulated in this Code.
      f.   Public telephone booths.
      g.   Signs as regulated in this Code.
      h.   Single satellite earth station antenna 2 meters or less in diameter and single antenna designed to receive direct broadcast services or multichannel multipoint distribution services 1 meter or less in diameter and antennas designed to receive television broadcast signals, as regulated in Subsection 1001.21 of this Code.
      i.   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:
      a.   Antennas/towers - cellular and communication as regulated by Subsection 1001.21 of this Code.
      b.   Bank/financial institution with drive-through.
      c.   Historical buildings, museums, art institutions, galleries and theaters.
      d.   Motels/hotels.
      e.   Nursing home, intermediate care facility, long-term care facility, and residential health care facility, provided the site shall contain not less than 600 square feet of lot area for each person to be accommodated and that no building be located less than 50 feet from the lot line; hospitals for human care, provided that all buildings are not located less than 60 feet from the lot line of an abutting R District.
      f.   Radio and television studios or towers.
      g.   Restaurant Class I and II, no drive-through.
      h.   Special event and catering centers.
      i.   Towers - cellular and communications as regulated in Subsection 1001.21 of this Code.
      j.   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.
      a.   Private and public outdoor sports and recreational uses such as:
         1.   Archery, driving, target, and trap and skeet shooting ranges.
         2.   Athletic fields, not including stadiums and sports arenas.
         3.   Boat launch ramps.
         4.   Fishing, hunting and swimming areas, not including swimming pools.
         5.   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 Subsection 1001.06 (Special Requirements for Business Districts) of this Code:
Minimum lot size1
1 acre
Minimum lot width1
100 feet
Minimum lot depth1
100 feet
Maximum impervious surface coverage
75%
Maximum building footprint coverage
50%
Structure height limit
35 feet or 2 stories, whichever is less
Setbacks 2
Building - Principal Structure
   Front yard
40 (60) feet - Plus 1 foot for every 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
1Minimum lot size, width, depth and the like shall not include area of street easements, right-of-way, or common areas.
2Setbacks 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 Neighborhood Commercial District (B-2)

   (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:
      a.   Agriculture - existing at the time of the adoption of this Subsection.
      b.   Antique or gift shop.
      c.   Appliance store.
      d.   Art and school supply store.
      e.   Athletic club, freestanding.
      f.   Banks, credit unions and other financial institutions without drive-up tellers.
      g.   Bakery goods sales and baking of goods for the retail sales on premises.
      h.   Beauty salons, day spas and barber shops.
      i.   Bicycle sales and repair.
      j.   Book store.
      k.   Candy, ice cream, popcorn, nuts, frozen dessert and soft drink shop, but not of the drive-in type.
      l.   Clothing store.
      m.   Coffee shop/delicatessen.
      n.   Convenience grocery store without motor fuel sales.
      o.   Copy services but not including printing press or newspaper.
      p.   Day care or preschool center.
      q.   Drug store.
      r.   Dry cleaning and laundry pickup stations including incidental pressing and repair.
      s.   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.
      t.   Florist.
      u.   Grocery store, fruit or vegetable store.
      v.   Hardware store.
      w.   Health/athletic clubs, freestanding.
      x.   Hobby store including handicraft classes not to exceed 10 students.
      y.   Jewelry sales and jewelry repair store.
      z.   Laundromat, self-service.
      aa.   Library.
      bb.   Locksmith.
      cc.   Meat market but not including processing for a locker.
      dd.   Music store.
      ee.   Newsstand.
      ff.   Offices, administrative/commercial.
      gg.   Office supply and stationery store.
      hh.   Paint, wallpaper sales.
      ii.   Photographic studio.
      jj.   Pipe and tobacco shop.
      kk.   Post office.
      ll.   Record shop.
      mm.   Rugs and floor covering sales.
      nn.   Shoe sales and repair.
      oo.   Small appliance repair shop.
      pp.   Sporting goods store.
   (3)   Permitted accessory uses. The following uses are permitted accessory uses in the B-2 District:
      a.   Any accessory use permitted in the B-1 District.
      b.   Any incidental repair, processing or storage necessary to conduct a permitted principal use so long as it does not occupy more than 30% of the gross floor area of the principal building.
      c.   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:
      a.   Bank/financial institution with drive-through.
      b.   Car wash.
      c.   Motor fuel stations.
      d.   Offices/clinics for medical, dental or chiropractic services.
      e.   Religious institutions provided that the principal structure and any accessory structures used for assembly shall be located at least 50 feet 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 50 foot setback shall not apply to any property line adjacent to an arterial roadway, including an interstate freeway.
      f.   Restaurants Class I and II.
      g.   Schools, academies, colleges, universities, libraries.
      h.   Tavern or liquor store.
      i.   Towers - cellular and communications as regulated in Subsection 1001.21 of this Code.
      j.   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.
      a.   Interim uses permitted in the B-1 District.
      b.   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 Subsection 1001.06 (Special Requirements for Business Districts) of this Code:
Minimum lot size1
1 acre
Minimum lot width1
100 feet
Minimum lot depth1
100 feet
Maximum impervious surface coverage
75%
Maximum building footprint coverage
50%
Structure height limit
30 feet or 1 stories, whichever is less
Setbacks2
Building - Principal Structure
   Front yard
35 (60) feet - Plus 1 foot for every 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
1Minimum lot size, width, depth and the like shall not include area of street easements, right-of-way, or common areas.
2Setbacks 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 General Business District (B-3)

   (1)   Intent. The purpose of the B-3, General Business District is 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:
      a.   Any use permitted in the B-1 and B-2 Districts.
      b.   Auto/marine repair (minor).
      c.   Boats and marine sales when conducted entirely within a building.
      d.   Commercial greenhouse provided it is conducted entirely within a building.
      e.   Furniture sales.
      f.   Garden supply store, provided it is conducted entirely within a building.
      g.   Home improvement stores, provided it is conducted entirely within a building.
      h.   Hotel/motels.
      i.   Interior decorating studio.
      j.   Newspaper and publishing office.
      k.   Optical and jewelry manufacturing.
      l.   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.
      m.   Photographic supplies and processing of film and prints.
      n.   Picture framing.
      o.   Printing shop.
      p.   Radio and television repair.
      q.   Seat cover, upholstery and drapery shop.
   (3)   Permitted accessory uses. The following uses are permitted accessory uses in the B-3 District:
      a.   Any accessory use permitted in the B-1 and B-2 Districts.
      b.   Any incidental repair, processing or storage necessary to conduct a permitted principal use so long as it does not occupy more than 30% of the gross floor area of the principal building.
      c.   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:
      a.   Any conditional use allowed in the B-1 and B-2 Districts.
      b.   Animal hospital or clinic; kennel.
      c.   Armories, convention halls, sports arenas and stadiums.
      d.   Automobile and other vehicles of transportation sales with an outdoor sales lot.
      e.   Auto/marine repair (major).
      f.   Boats and marine sales when conducted entirely with an outdoor sales lot.
      g.   Bowling alleys, electronic game rooms, billiard and pool rooms, drive-in theaters, skating rinks, gymnasiums, night clubs, and fraternal organizations.
      h.   Commercial recreation facility.
      i.   Hospitals and other regional medical facilities.
      j.   Mini-storage subject to the requirements herein - minimum requirements.
      k.   Nursery.
      l.   Open sales lot, open rental lot subject to the requirements in Subsection 1001.06.
      m.   Restaurant - Class III (fast food).
      n.   Restaurant - Class IV (with drive-through).
      o.   Stone and monument sales.
      p.   Theatres.
      q.   Television and radio stations.
      r.   Towers - cellular and communications as regulated in Subsection 1001.21 of this Code.
   (5)   Interim uses. Within any B-3 District, no structure or land shall be used for the following purposes except by interim use permit.
      a.   Interim uses permitted in the B-2 District.
      b.   Land reclamation, mining and soil processing.
      c.   Recycling and reclamation of nonhazardous materials, when conducted entirely within a building.
      d.   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 Subsection 1001.06 (Special Requirements for Business Districts) of this Code:
Minimum lot size1
1 acre
Minimum lot width1
150 feet
Minimum lot depth1
150 feet
Maximum impervious surface coverage
80%
Maximum building footprint coverage
50%
Structure height limit
45 feet or 3 stories, whichever is less
Setbacks 2
Building - Principal Structure
   Front yard
40 (60) feet - Plus 1 foot for every 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
1Minimum lot size, width, depth and the like shall not include area of street easements, right-of-way, or common areas.
2Setbacks 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. 4 Commercial/Industrial District (B-4)

   (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:
      a.   Art studio.
      b.   Appliance repair and service.
      c.   Auto repair - major and minor.
      d.   Auto sales and rental, provided it is conducted entirely within the building.
      e.   Auto washing.
      f.   Bicycle sales and repair.
      g.   Boat sales.
      h.   Home improvement store.
      i.   Bus terminal.
      j.   Camera and photographic supply and processing store.
      k.   Commercial off-street parking.
      l.   Exterminating services.
      m.   Equipment rental with no outdoor storage or display.
      n.   Garden supply store with no outdoor storage or display.
      o.   Governmental and public utility buildings and structure, including public works type facilities, excluding outdoor storage.
      p.   Kennel.
      q.   Landscape nurseries.
      r.   Laboratories - medical, dental.
      s.   Motel and hotel.
      t.   Motor fuel station.
      u.   Music studio.
      v.   Newspaper and publishing facility.
      w.   Office building.
      x.   Optical and jewelry manufacturing.
      y.   Printing shop.
      aa.   Research center.
      bb.   Seat cover and upholstery shop.
      cc.   Tavern.
      dd.   Veterinary services.
   (3)   Permitted accessory uses. The following uses are permitted accessory uses in the B-4 District:
      a.   Essential service structure.
      b.   Radio and television studios.
      c.   Retail sales related to the processing of product on site so long as it does not exceed 30% of the floor space of the principal building.
      d.   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:
      a.   HVAC (heating, ventilation and air conditioning) dealer.
      b.   Mini-storage.
      c.   Open sales lot, and open rental lot subject to the requirements in Subsection 1001.06.
      d.   Plumbing contractor.
      e.   Recreational vehicle sales.
      f.   Recycling facility - indoor.
      g.   Towers - cellular and communications as regulated in Subsection 1001.21 of this Code.
      h.   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.
      a.   Interim uses permitted in the B-3 District.
      b.   Auto auction.
      c.   Miniature golf courses.
      d.   Outdoor storage established after May 23, 2018 that is accessory to the principal use subject to the requirements of this Section and Business District Special Requirements Section 1001.06.
   (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 Subsection 1001.06 (Special Requirements for Business Districts) of this Code:
Minimum lot size1
1 acre
Minimum lot width1
150 feet
Minimum lot depth1
150 feet
Maximum impervious surface coverage
80%
Maximum building footprint coverage
50%
Setbacks2
Building - Principal Structure
   Front yard
50 (60) feet - Plus 1 foot for every 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
1Minimum lot size, width, depth and the like shall not include area of street easements, right-of-way, or common areas.
2Setbacks 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.
 
(Ord. 2010-13, passed 7-13-2010; Am. Ord. 2018-12, passed 5-23-2018; Am. Ord. 2022-17, passed 9-22-2022)