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Dayton City Zoning Code

CHAPTER 11

05.- INDUSTRIAL ZONE

11-05.010.- Intent and purpose of industrial zone.

The industrial zone (IN). The intent of the industrial zone is to recognize and provide for a combination of environmental, recreational and industrial development options with the appropriate standards to maintain Dayton's air and water quality and to assure safe and compatible levels of noise.

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

11-05.020. - Uses.

All uses in the industrial zone shall either be permitted as a principal use, as an accessory use or as a conditional use, or prohibited as indicated in this section of the DMC. 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.

Uses in the Industrial Zone Zones
IN
A. Industrial and fabrication uses including:
Agricultural product value added processing such as:
 Vegetable, fruit and grain processing P
 Production of food and beverages including baked goods, meat and dairy products P
 Processing leather and production of leather products P
 Fabrication of equipment, machinery, tools, instruments, vehicles and other mechanical fabrication. P
 Hazardous waste processing and storage (not permitted in flood plain or within 200 feet of a water way, in an aquifer recharge area or in a well head protection area) C
 Lumber and planning mills P
 Manufacturing of products from natural resources including wood products, concrete, glass, pottery, and gravel and other similar processes P
 Marijuana processors and processing including medical marijuana X
 Marijuana producers and production including medical marijuana X
 Medical marijuana cooperatives X
 Production of apparel or other finished products P
 Production printing, publishing and binding P
 Salvage, recycling operations, wrecking or junk yards less than 2,500 square feet in area (not permitted in flood plain or within 200 feet of a water way, in an aquifer recharge area or in a well head protection area) A
 Salvage, recycling operations, wrecking or junk yards 2,500 square feet or larger (not permitted in flood plain or within 200 feet of a water way, in an aquifer recharge area or in a well head protection area) C
 Vehicle restoration, rebuilding repair shops and commercial garage. P
B.Commercial uses that require large spaces or support other industrial uses:
 Eating and drinking establishments P
 Recreation uses that need large open areas such as bowling alley, skating rinks, miniature golf and similar P
 Sales and services dependent on large warehouse space such as lumber, building supplies, nurseries and greenhouses P
 Truck and farm equipment sales, repair, parts, fuel, service, and repair P
 Sales and services of products produced in the industrial zone A
 Other commercial operations and support businesses including:
 Bus station, public garages and other public transportation facilities P
 Communication towers including phone, radio, TV and similar P
 General warehouse P
 Mini-storage P
C. Community facilities:
 Fire and police stations P
 Governmental equipment repair and maintenance shops P
 Governmental offices C
 Utility transformers, pump station, etc. P
 Vocational and technical schools P
D. Residential: Caretaker, owner or manager's unit A
E. Agricultural uses:
 Aquaculture P
 Feedlots X
 Production nurseries and greenhouses P

 

P—Permitted principal use; X—Prohibited use; A—Accessory use; C—Conditional use

(Ord. No. 1841, § 2(Att. B), 11-12-2013; Ord. No. 1864, § 4, 9-8-2014; Ord. No. 1901, § 6, 10-10-2016; Ord. No. 1937, § 12, 8-8-2018)

11-05.030. - Standards—Area, height, setback, and lot coverage required, or permitted and exceptions.

The lot areas, setbacks, structure heights and lot coverage required or permitted in the industrial zone and additional specific standards are listed below:

Standards Zones
IN
Minimum lot area No requirement
Minimum lot width No requirement
Minimum lot depth No requirement
Minimum front yard setback (see special conditions and exceptions below) No requirement
unless special
conditions apply
Minimum rear yard setback (see special conditions and exceptions below) 15' unless
special conditions
apply
Minimum side yard (see special conditions and exceptions below) 10' unless
special conditions
apply
Maximum structure or building height (see special conditions and exceptions below) 75'
Maximum lot coverage 75%

 

A.

Building height exceptions. The building height limitations do not restrict the height of water reservoirs, agricultural product storage structures, communication towers, church spires and other similar structures or facilities. Communication towers that exceed building height limits may not be located within one mile of a lot that has existing communication towers that exceed building height limits.

B.

Setbacks—Special conditions and exceptions.

1.

Industrial zoned property adjacent to a residential zone must maintain setbacks equal to the setbacks required in the adjacent residential zone along any property line which is adjacent to or abuts the residential zone.

2.

The following outdoor activities and similar activities shall be set back at least 50 feet from any residential zone:

a.

Outdoor sales, display or service;

b.

Outdoor recycling collection stations; and

c.

Outdoor storage.

3.

Animals maintained as part of a business and structures housing them shall not be located within 100 feet of any residential zone.

4.

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

5.

Manufacturing, fabricating, repairing, refuse compacting, recycling, salvaging and other activities which are major noise generators must be set back a minimum of 50 feet from a residential zone and must be conducted within an enclosed structure unless the activities are located more than 100 feet from a residential zone.

6.

Venting from uses that produce major odors, vapors, smoke, cinders, dust, gas and fumes shall be at least 20 feet above finished grade and shall not be vented within 100 feet of residential zoned property.

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

11-05.040. - Building construction—Mobile and temporary structures.

All buildings in the industrial zone shall be installed on and attached to a permanent foundation and permanently attached to any required utilities. The foundation and all building elements must meet all city building code standards. No temporary or mobile structure shall remain on an industrial zoned site for more than six months, except:

A.

After a building permit has been obtained, a temporary construction office may be placed on a lot and may remain 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, and

B.

Movable buildings must be within the following limits:

1.

A maximum height of ten feet;

2.

A maximum floor area not to exceed 20 percent of the lot area.

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

11-05.050. - Vision clearance area requirements.

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)

11-05.060. - Off-street parking.

The amount of off-street parking required for each use is listed in section 11-08.020.

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

11-05.070. - Screening and landscaping.

A.

The screening and landscaping requirements are intended to promote the development of industrial areas which are attractive locations for stable, long-term industrial businesses and to buffer adjacent residential areas from the effect of industrial uses.

B.

The following types of landscaping are required of all uses in industrial zones:

1.

A street tree from the city's list of acceptable street trees must be planted on each street frontage and one additional tree must be planted for every 50 lineal feet of street frontage.

2.

A landscaped berm or landscaped area at least five feet deep shall be installed and maintained adjacent to each street property line.

C.

Outdoor storage areas on lots adjacent to or abutting residential or commercial zoned property shall be screened with six-foot-high sight obscuring screening between the storage area and all property lines adjacent to or abutting residential or commercial zoned property.

D.

Outdoor recycling and salvage operations and wrecking or junk yards larger than 2,500 square feet shall be screened on all sides with six-foot-high sight obscuring screening.

E.

Wherever six-foot-high screening is required, it may be either:

1.

A sight-obscuring fence or wall six feet in height; or

2.

A landscaped berm at least four feet in height or a hedge that is at least two feet high at the time of planting.

F.

Areas or berms required to be landscaped shall be planted with trees, shrubs, and evergreen groundcover, in a manner which covers the required area within three years from the date of issuance of the permit. Trees shall be selected from the city's recommended list for tree planting.

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

11-05.080. - Access.

All sides of buildings and all areas of storage lots in the industrial zone shall be accessible to fire-fighting equipment.

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

11-05.090. - Exterior lighting, glare and heat.

Exterior lighting in the industrial zone shall be shielded and directed away from residential zoned areas. Exterior lighting on poles shall not exceed a height of 30 feet above finished grade. Any operation producing intense glare or heat shall be conducted within an enclosure that prevents significant glare or heat on adjacent streets or property.

(Ord. No. 1841, § 2(Att. B), 11-12-2013; Ord. No. 1937, § 13, 8-8-2018)

11-05.100. - Toxic, noxious, explosive, flammable or hazardous material.

A.

No use shall, at any time, discharge toxic, noxious or flammable matter into the storm drain or sewer system, across the boundaries of the property where the use is located, onto the ground or into streams. The disposal of industrial waste shall be subject to the regulations of the appropriate federal, state and local regulatory agencies.

B.

The storage, utilization or manufacture of materials, goods or products which are or produce flammable or explosive vapors or gases is permitted only where the materials or products shall be stored, utilized or produced within completely enclosed buildings or structures having incombustible exterior walls.

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