This section of the zoning code is intended to assist in the implementation of the following zone classifications:

A.

Central commercial (CC) zone. The intent of the central commercial zone is to promote and maintain a downtown commercial center having standards of development and permitted uses oriented toward businesses that generate high pedestrian activity. Uses are discouraged that are land consumptive such as warehouses, automobile and equipment dealers, building supply outlets and similar uses that diminish the zoning district's compactness and convenience as an integrated shopping and service area. Desirable uses within this zone include, but are not limited to, professional and business offices, service providing establishments, entertainment facilities and retail establishments.

B.

The fringe commercial (FC) zone. The intent of the fringe commercial zone is to accommodate vehicular oriented and land consumptive commercial uses in addition to commercial uses generally considered beneficial to the traveling public. Building density shall be relatively low to reduce traffic congestion and traffic hazards on related streets and highways.

(Ord. No. 1841, § 2(Att. B), 11-12-2013)

All uses in commercial zones shall either be permitted as a principal use, as an accessory use or as a conditional use, or prohibited as indicated in use chart below. If a use is not listed, it is prohibited unless the planning director determines that a proposed use is similar in aspects such as size, density, effect and impact on surrounding users as a listed use. All restrictions that apply to a listed use shall apply to any use that is permitted as a similar use.

*Where existing and legally established marijuana retail stores exist in the urban growth area and are annexed into the city limits, those retail store shall continue to exist. County managed development agreements or conditional use permits shall be adopted upon annexation. This allowance does not enable or allow the development of new marijuana retail stores in the City of Dayton.

(Ord. No. 1841, § 2(Att. B), 11-12-2013; Ord. No. 1864, § 3, 9-8-2014; Ord. No. 1886, § 1, 12-7-2015; Ord. No. 1901, §§ 4, 5, 10-10-2016; Ord. No. 1937, § 9, 8-8-2018; Ord. No. 1967, § 9, 10-14-2020)

A.

The general lot areas, setbacks, structure heights and lot coverage required or permitted in commercial zones, and additional specific standards are listed below:

B.

Specific standards and exceptions.

1.

Maximum size of some uses. To maintain the continuity of the commercial street fronts, residential uses are not permitted on the first floor street front and cannot use more than 40 percent of the floor area on the first floor.

2.

Building height exceptions. The building height limitations do not restrict the height of water reservoirs, church spires and other similar structures or facilities.

3.

Commercial zoned property adjacent to a residential zone must maintain setbacks equal to the setbacks required in the adjacent residential zone along any property line adjacent to or abutting a residential zone.

4.

The following outdoor activities shall be located at least 50 feet from any residential zone:

a.

Outdoor sales and/or service of food or beverages;

b.

Outdoor recycling collection stations; and

c.

Outdoor storage.

5.

Animals maintained as part of a business and structures housing them shall not be located within 50 feet of any residential zone.

6.

Commercial communication towers and transmitting antennas may not be located within 100 feet of a residential zone.

7.

Manufacturing, fabricating, repairing, refuse compacting and recycling and other activities that are major noise generators shall be conducted wholly within an enclosed structure. These and other major noise generating uses shall not be located within 50 feet of a residential zone.

8.

Venting from uses that produce major odors, vapors, smoke, cinders, dust, gas and fumes shall be at least ten feet above finished sidewalk grade and cannot be vented within 100 feet of a residential zone.

(Ord. No. 1841, § 2(Att. B), 11-12-2013; Ord. No. 1937, § 10, 8-8-2018)

All buildings in commercial zones shall be installed on and attached to a permanent foundation and permanently attached to utilities. The foundation and all building elements must meet all city building code standards. No temporary or mobile structure can remain on a site for more than 60 days except:

A.

A mobile or manufactured home in a mobile home park;

B.

After a building permit has been obtained, a temporary construction office can be placed on the lot and can remain on the lot for the term of the construction work or one year, whichever is shorter, unless extended as a conditional use to accommodate a longer construction period;

C.

An unoccupied recreational vehicle or travel trailer parked on a land parcel that includes the primary residence of the owner of the recreational vehicle or travel trailer;

D.

Vehicles that are a necessary part of an authorized commercial use; or

E.

Movable buildings within the following limits:

1.

The height of the building shall not exceed ten feet; and

2.

Floor area of all moveable structures on a lot that does not exceed ten percent of the lot area.

(Ord. No. 1841, § 2(Att. B), 11-12-2013)

At street intersections and at intersections of streets and alleys, in the area adjacent to each intersection shall be maintained in a clear and open condition to provide for safe vision of traffic on the intersecting streets. The area shall include all areas within a sight triangle, measured ten feet back from the intersecting property lines along each street front or alley property line. Within this triangle area no fences, bushes, structures or other vision obstructing elements may be more than three feet higher than the finished grade of the adjacent streets and no signs, tree limbs or other vision obstructing elements may be less than eight feet above the finish grade of the adjacent streets.

(Ord. No. 1841, § 2(Att. B), 11-12-2013)

A.

The intent of the commercial parking requirements is to insure reasonably convenient customer parking and reduce congestion on adjacent streets without disrupting the continuity of the commercial street front.

B.

The amount of off-street parking required for each use is listed in section 11-08.020. Additionally, parking in commercial zones shall be located within 150 feet of the lot on which the use is located. Within the CC zone, the off-street parking must be located beside or behind the building.

(Ord. No. 841, § 2(Atts. B, F), 11-12-2013)

The intent of the screening and landscaping requirements is to develop a commercial area which is attractive, and to buffer adjacent residential areas from the effect of neighboring commercial uses.

The following landscaping is required on all lots in commercial zones:

A.

If the distance from the curb to the property line is eight feet or more, a street tree shall be planted on each street frontage and one additional tree shall be planted for every 50 lineal feet of street frontage.

B.

A landscaped berm or landscaped area five or more feet deep shall be installed and maintained adjacent to each street front property line, except where a permanent structure, driveway or sidewalk is in this area. In addition to the general required landscaping, refer to section 11-08.080 for the screening, landscaping, lighting and surfacing required on outdoor parking, sales and storage areas. Areas or berms required to be landscaped shall be planted with trees, shrubs, and evergreen ground cover within three years from the date of issuance of the permit. Features such as walkways, decorative paving, sculptures or foundations may cover a maximum of 30 percent of each required landscaped area or berm. Trees shall be selected from the city's recommended list for tree planting.

(Ord. No. 841, § 2(Atts. B, F), 11-12-2013)

Exterior lighting in commercial zones shall be shielded from and directed away from residential uses. Exterior lighting on poles other than on public rights-of-way or signs in compliance with the sign ordinance shall not exceed a height of 20 feet above finished grade.

(Ord. No. 841, § 2(Atts. B, F), 11-12-2013)

A.

The following requirements apply to all recreational vehicle parks and shall be shown on the recreational vehicle park site plan:

1.

The park shall provide a minimum area of 1,000 square feet per recreational vehicle;

2.

Individual recreational vehicle spaces shall be served by a vehicular service aisle having a minimum width of 20 feet;

3.

Each recreational vehicle space shall provide 180 square feet of automobile parking area which shall be located and clearly defined within the park property boundaries; and,

4.

The park shall comply with the standards that apply to all developments in the zone.

B.

Recreational vehicle parks serving five or more recreational vehicles and shall meet the following additional standards which shall be shown on the recreational vehicle park site plan.

1.

Each recreational vehicle space shall be supplied with an electrical service outlet equipped with an externally operated switch or fuse nor less than 30 ampere capacity.

2.

The recreational vehicle park shall provide and maintain sight-obscuring screening between the park and all adjoining land uses. Screening shall be composed of trees, hedges or shrubs or other vegetative matter approved by the planning director and shall have a minimum height of six feet. Screening shall be omitted within the portion of the park providing ingress/egress.

3.

Each park shall provide a holding tank emptying station and service building(s) including a laundry facility with a washing machine and clothes dryer and separate men's and women's sanitation facilities. The rest rooms shall provide a minimum of one lavatory, one water closet and one shower for every ten recreational vehicle spaces.

4.

Property used for a recreational vehicle park shall be contiguous and under single ownership.

(Ord. No. 841, § 2(Atts. B, F), 11-12-2013)

Outdoor dining facilities are recognized as contributing to the visual, cultural and economic vitality of downtown. This benefit must, nevertheless, be secondary to the basic purpose of safe pedestrian transport. The city public works director and the city planning director are responsible for balancing these interests to the best benefit of downtown.

A.

Applications for outdoor dining facilities shall be constructed in detail by the applicant, illustrating the complete layout, including number of tables and chairs and width of pedestrian passage. This design shall be reviewed by the city public works director and the city planning director (committee). The committee shall seek input from the city engineer and other applicable department heads and/or agencies.

B.

Basic placement standards shall maintain a minimum of six feet of unobstructed pedestrian walkway on the street side of the sidewalk. Dining area enclosures shall be designed to provide proper visibility for pedestrians, minimal damage to the sidewalk, minimal obstruction to pedestrian passage, and maximum protection against pedestrian fall or collision hazard.

C.

The committee shall prepare a report for review and consideration by the city engineer. If the city engineer approves placement of the facility, it shall authorize issuance of a permit to occupy public right-of-way. Conditions of the permit shall include liability insurance in a form and amount required by the city, and a hold-harmless agreement to the benefit of the city in a form required by the city.

D.

A permit to occupy public right-of-way is revocable by the city at any time for any or no cause. When an outdoor dining facility is removed for any reason, whether on the initiative of the owner, or due to revocation of the permit by the city, it shall be the responsibility of the owner to restore the sidewalk to a condition acceptable to the City of Dayton Engineer and Public Works Director.

E.

If alcohol is to be served in these outdoor dining areas, the owner must identify such request in the application. Applicable permitting and requirements as outlined by the liquor and cannabis control board must be met per Title 314 WAC, with documentation verifying full compliance submitted with the original site plan and application.

F.

Any violation of the requirements as set forth in this section lead to right-of-way permit revocation per [subsection] D. and is subject to the provisions of title 21: code compliance.

G.

Application and permit fees applicable to outdoor dining are to be paid by the applicant per the City of Dayton Fee Schedule.

(Ord. No. 1937, § 11, 8-8-2018)