City of Dayton, Ohio - TranzonCity of Dayton, Ohio Zoning Code Effective August 1, 2006 (Ord. 30515-05) ... Dayton, OH 45401 937.333.3670 . Dayton, Ohio Zoning Code Amended December

City of Dayton, Ohio

Zoning Code

Effective August 1, 2006 (Ord. 30515-05)

Amended August 23, 2006 (Ord. 30594-06)

Amended October 4, 2006 (Ord. 30602-06)

Amended March 21, 2007 (Ord. 30643-07)

Amended February 6, 2008 (Ord. 30716-08)

Amended July 16, 2008 (Ord. 30762-08)

Amended July 15, 2009 (Ord. 30893-09)

Amended December 16, 2009 (Ord. 30948-09)

Amended October 20, 2010 (Ord. 31028-10)



Department of Planning and Community Development

101 West Third Street

P.O. Box 22

Dayton, OH 45401

937.333.3670

www.daytonohio.gov

http://www.daytonohio.gov/

Dayton, Ohio Zoning Code Amended December 18, 2013

Section 150.340, Industrial Districts

Section 150.340

Industrial Districts

§150.340.1 Purposes

§150.340.2 Permitted Uses

§150.340.3 Lot and Setback Requirements

§150.340.4 Height Regulations

§150.340.5 Off-Street Parking

Requirements

§150.340.6 Outdoor Storage Regulations

§150.340.7 Accessory Use Regulations

§150.340.8 Landscaping and Screening

Requirements

§150.340.9 Performance Standards

§150.340.10 Required Design Elements

§150.340.11 Supplemental Regulations for

Specific Uses

§150.340.12 Development Plan Review

150.340.1 Purposes.

The Industrial districts (I-1, I-2, and BP) and their regulations are established in order to achieve the

following purposes:

(A) To provide for orderly growth and development in the City of Dayton.

(B) To provide sufficient areas, in appropriate locations, for industrial activities and the

production, distribution and exchange of goods and services.

(C) To reflect and reinforce the existing density and pattern of development while

accommodating the need for future growth.

(D) To protect residential neighborhoods adjacent to industrial districts by establishing

performance standards and restricting the types of establishments that might create noise,

odors or other objectionable influences beyond the district boundaries.

(E) To provide certainty to property owners, developers and neighbors about the limits of

what is allowed in an Industrial district.

(F) To carry out the following specific purposes:

(1) The Light Industrial (I-1) District is intended to provide urban sites for light

industrial uses that conduct nearly all operations within an enclosed building, and

do not have extensive outdoor storage areas or operations. While most buildings

contain clean, light industrial uses, some commercial and office uses may also be

included. As set forth in the City’s Comprehensive Plan, all new industrial

development will be consistent with the existing pattern of development.

(2) The General Industrial (I-2) District accommodates heavy industrial activities

that may include very large structures, extensive exterior storage, exterior

mechanical operations, or heavy truck or equipment operations. As set forth in

the City’s Comprehensive Plan, all new industrial development will be

constructed in a manner that is consistent with the existing pattern of

development in the vicinity of the proposal.

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(3) The Business Park (BP) District provides sites in more suburban areas of the city

for modern, clean industry and supporting nonresidential land uses that

complement industrial uses or require an industrial environment. Development is

encouraged in the form of office-industrial parks or business parks with campus-

style layouts and designs. Heavy industrial uses and outdoor storage are

conditionally permitted in selected locations within the BP District. (Ord. 30515-

05, passed 12-28-05)

150.340.2 Permitted Uses.

(A) Permitted Uses. See Section 150.300.2, Use Regulations.

(B) Schedule 150.340.2 of Permitted Uses.

Schedule 150.340.2

PERMITTED USES IN INDUSTRIAL DISTRICTS

I-1 I-2 BP

Light

Industrial

General

Industrial Business Park

(1) Residential/Work

(a) Single-family dwelling, detached P6 P

6

(b) Multi-family dwelling P6 P

6

(c) Two-family dwelling P6 P

6

(d) Work-live unit P

(2) Community Facilities/Institutions

(a) Cultural institution P P P*

(b) Protective care facility C

(c) Public safety facility P P P*

(d) Transitional Housing C3

(e) Utility substation/distribution facility, indoor P P P

(f) Utility substation/distribution facility, outdoor P* P* C

(3) Educational Uses

(a) Day care center, child and adult P*2 P*

2

(b) School (public/private), college/university P* P* P*

(c) School (public/private), elementary/secondary C C P*

(d) School, specialty/personal instruction P P P*

(4) Recreation/Open Space

(a) Health club P P P

(b) Model airplane flying facility C C

(c) Recreation facility, indoor P

(d) Recreation facility, outdoor C

(e) Theater, drive-in/outdoor C

212

Vance

Line



Schedule 150.340.2


I-1 I-2 BP

Light

Industrial

General


(5) Office/Professional Services

(a) Financial institution/bank P2

(b) Office – administrative/professional P P P

(c) Office – medical/dental/health services P*

(d) Research/development facility, laboratory P P P

(6) Retail/Personal Services

(a) Animal hospital/clinic P P

(b) Animal boarding facility (no outside run/kennel) P P

(c) Animal boarding facility (with outside run/kennel) C C

(d) Restaurant, indoor dining P2 P

2 P

2

(e) Restaurant, outdoor dining P*2

(f) Retail establishment P2 P

2 P

2

(g) Service establishment, business P P P

(h) Service establishment, personal P2

(7) Motor Vehicle/Transportation

(a) Auto Service Station P P

(b) Car wash P P

(c) Equipment sales/rental/service (includes agricultural

implements) P P

(d) Motor vehicle body shop P P

(e) Motor vehicle sales/rental (including boats) P P

(f) Motor vehicle repair (including boats) C P

(g) Parking lot, restricted C

(h) Parking structure C C C

(i) Railroad yard P

(j) Transit garage P P

(k) Transit station C C C

(l) Transit turnaround P P C

(m) Vehicle fueling station C C

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Schedule 150.340.2


I-1 I-2 BP

Light

Industrial

General


(8) Storage and Distribution

(a) Outdoor storage, equipment/vehicles C P C

(b) Outdoor storage, general materials C P C

(c) Self-storage facility, indoor P P P

(d) Trucking/motor freight terminal C P

(e) Warehouse storage, indoor P P P

(f) Wholesale sales and/or distribution, indoor P P P

(g) Wholesale sales and/or distribution, outdoor C P C

(9) Industrial

(a) Construction & Demolition Waste Facility C

(b) Crematorium C

(c) Incinerator C

(d) Junkyard C

(e) Manufacturing, heavy P4 C

1, 4

(f) Manufacturing, light P P P1

(g) Microbottler P* P* P*

(h) Recycling collection facility, large P

(i) Recycling collection facility, small P P

(j) Recycling processing facility, indoor P P

(k) Recycling processing facility, outdoor P

(l) Sand & gravel operations C

(m) Sewage/liquid waste treatment facility C

(n) Sanitary Waste Facility C5

(o) Water supply/treatment facility C C C

(10) Other

(a) Adult entertainment C C

(b) Community garden P* P* P*

(c) Harvesting P* P* P*

(d) Plant nursery/greenhouse C P

(e) Solar energy structure C C C

(f) Solar panel, building P* P* P*

(g) Telecommunication facility See Section

150.600

See Section

150.600

See Section

150.600

(h) Utility box P* P* P*

(i) Wall mural P* P* P*

(j) Wind turbine C C C

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Schedule 150.340.2


I-1 I-2 BP

Light

Industrial

General


(k) Windmill, micro P* P* P*

(11) Accessory Uses

(a) Accessory Buildings A A A

(b) Fences and walls A A A

(c) Helicopter landing facility See §150.565 A A A

(d) Off-street parking areas and loading facilities A A A

(e) Outdoor merchandise sales/display A A A

(f) Signs A A A

Notes to Schedule 150.340.2: 1 All operations, including storage, shall take place in a principal and/or an accessory building.

2 This use shall be permitted by-right when part of a multi-establishment building and it is not the principal

use of a building. If the use is proposed to be the principal use in any building (i.e. occupying the majority

of gross floor area), then the use is a conditional use. 3 Transitional housing shelters shall not be located within 1000-feet of an emergency housing shelter or

another transitional housing shelter. Separation distances are measured from property line to property line

by the shortest distance. 4

See Section 150.340.2 (C ), Heavy Manufacturing Uses 5

Subject to Section 184 of the City Charter 6 Shall be permitted by right in a residentially constructed building existing prior to August 1, 2006.

P = Use permitted by right; P* = Use permitted by right as further regulated by Section 150.500,

Conditional Use and Specific Use Regulations; C = Conditional use; A = Accessory use

Blank cell = Use not permitted in district

(C) Heavy Manufacturing Uses.

(1) All heavy manufacturing uses shall comply with the performance standards in

Section 150.340.9.

(2) Heavy manufacturing prohibits those uses and processes that are not provided for

within the definition of heavy manufacturing as well as those that are explicitly

prohibited in the definition unless the Zoning Administrator, the Board of Zoning

Appeals, or the Plan Board, as applicable, determines that the proposed use or

process is:

(a) Incidental to the proposed or existing operations; or

(b) Similar in nature to a use or process contemplated by the definition of heavy

manufacturing; or

(c) Conducted in a manner that will have no more impacts on the surrounding

properties or the community than other uses permitted in the District. (Ord.

30515-05, passed 12-28-05; amend Ord. 30762-08, passed 7-16-08; amend

Ord. 30893-09, passed 7-15-09; amend Ord. 31028-10, passed 10-20-10,

215



amend Ord. 31142-11, passed 12-21-11; amend Ord. 31283-13, passed 12-

18-13)

150.340.3 Lot and Setback Requirements

(A) Lot Requirements. The minimum lot requirements for permitted, conditional, and accessory

uses in the Industrial Districts are specified in Schedule 150.340.3 for the district in which

the lot is located, except as otherwise regulated in Section 150.350 for planned

developments and in Section 150.500 for conditional uses and those uses denoted with a P*.

(B) Setback Requirements. Every permitted use of land and all buildings and structures shall be

located on a lot in a manner that maintains the required front, side, and rear setbacks as set

forth in Schedule 150.340.3, measured from the appropriate lot line, except as otherwise

regulated in Section 150.500 for conditional uses and those uses denoted with a P*. The

area within each setback shall remain unobstructed by structures except as otherwise

permitted in this Code.

(C) Schedule 150.340.3 - Development Standards in the Industrial Districts (Ord. 30515-05,

passed 12-28-05; amend Ord. 30762-08, passed 7-16-08; amend Ord. 31142-11, passed

12-21-11)

Schedule 150.340.3

DEVELOPMENT STANDARDS IN INDUSTRIAL DISTRICTS

I-1 I-2 BP

Light

Industrial

General

Industrial

Business

Park

(1) Lot Requirements

(a) Minimum lot size None None 1 acre

(b) Minimum lot width None None 125 feet

(c) Maximum lot coverage 100% 100% 100%

(2) Minimum Setback Depth

(a) Front setback

(i) Minimum 0 feet 10 feet 25 feet

(ii) Maximum 15 feet None None

(b) Side setback (unless specified below)1 0 feet 0 feet 30 feet

(i) Adjacent to Mature Residential Districts 25 feet 30 feet 30 feet

(ii) Adjacent to Eclectic Residential Districts 25 feet 30 feet 30 feet

(iii) Adjacent to Suburban Residential Districts 25 feet 30 feet 30 feet

(c) Rear setback (unless specified below)1 0 feet 0 feet 30 feet

(i) Adjacent to Single-Family districts 25 feet 30 feet 30 feet

(ii) Adjacent to Multi-Family districts 25 feet 30 feet 30 feet 1

Buildings shall not have operable windows, other than required fire exits, within fifty (50) feet of any residential

zoning district boundary.

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150.340.4 Height Regulations

Buildings and structures shall comply with the height regulations in Schedule 150.340.4, except as

otherwise regulated in Section 150.500 for conditional uses and those uses denoted with a P*.

(A) Schedule 150.340.4. Height Regulations. (Ord. 30515-05, passed 12-28-05)

Schedule 150.340.4

HEIGHT REGULATIONS IN INDUSTRIAL DISTRICTS

I-1 I-2 BP

Light

Industrial

General

Industrial

Business

Park

(1) Maximum Building Height (unless specified below) 65 feet None 65 feet

(a) Adjacent to Mature Residential Districts 40 feet 50 feet 50 feet

(b) Adjacent to Eclectic Residential Districts 40 feet 50 feet 50 feet

(c) Adjacent to Suburban Residential Districts 40 feet 50 feet 50 feet

150.340.5 Off-Street Parking Requirements

Off-street parking and loading shall conform to the regulations of Section 150.700, Off-street Parking and

Loading Regulations, and to the parking regulations set forth below:

(A) Schedule 150.340.5 Minimum Parking Setbacks. Off-street parking lots shall be located

in compliance with the minimum setbacks, measured from the street right-of-way or

property line, as specified in Schedule 150.340.5, unless otherwise noted.

Schedule 150.340.5 MINIMUM PARKING SETBACKS FOR SURFACE PARKING LOTS

I-1 I-2 BP

Light

Industrial

General


(1) Setback from side or rear lot line:

(a) When the lot line abuts a non-residential

district

5 ft.

5 ft.

15 ft.

(b) When the lot line abuts a residential district

15 ft.

15 ft.

30 ft.

(2) Setback from public street right-of-way:

(a) When opposite a residential zoning district 20 ft.

20 ft.

40 ft.

(b) When opposite a non-residential zoning district

10 ft. 10 ft. 10 ft.

217



(B) Screening. The area within the parking setbacks shall be landscaped and screened in

accordance with Section 150.800, Landscaping and Screening Regulations.

(C) Parking Spaces and Access Drives. Off-street parking spaces and access drives shall be

provided in compliance with Section 150.700, Off-Street Parking and Loading

Regulations. The parking or storing of vehicles is prohibited in the established lawn

areas.

(D) Parking Location in the I-1 and I-2 Districts. In the I-1 and I-2 Districts, off-street

parking lots shall be located at the rear or side of the principal building. The Plan Board,

the Board of Zoning Appeals, or the Zoning Administrator, whichever is applicable

pursuant to the procedures in Section 150.115, may grant an exception to this

requirement where necessary due to the shallow depth of the parcel, the location of

mature trees or other significant environmental features, the location of historical

buildings/structures, the proximity of residential uses, or other similar circumstances. If

an exception is granted and off-street parking spaces are adjacent to a public street, a

three (3) to four (4) foot masonry knee wall may be required in the buffer yard required

in Section 150.800.9 (B), Screening.

(E) Parking Location in the BP District. In the BP District, no more than twenty-five (25)

percent of off-street parking spaces or one aisle parking bay across the front of the

building, whichever is greater, shall be located in a building’s front yard.

(F) Cross Access to Off-Street Parking Lots. Parking lots shall be interconnected with non-

residential parking lots on adjacent properties to the maximum extent feasible. Permanent

cross-access easements or other acceptable agreements for adjacent lots with interconnected

parking lots shall be submitted and be acceptable to the City’s Law Department and the Plan

Board, the Board of Zoning Appeals, or the Zoning Administrator, whichever is applicable

according to the procedures in Section 150.115, to ensure availability of shared parking to

users.

(G) Setbacks for Joint Parking Facilities. When cross access between two parking areas is

required or provided, the parking setback shall not be required for the opening which

accommodates the drive aisle, but it shall be required in all other areas that abut the shared

property line. When shared parking, which spans the mutual property line, is required or

provided, the parking setback is not required to be provided

(H) Loading and Service Areas.

(1) Off-street loading and service areas shall be provided in compliance with the

regulations in Section 150.700, Off-street Parking & Loading Regulations.

(2) Loading and service areas shall be located in the rear yard, unless the Plan Board, the

Board of Zoning Appeals, or the Zoning Administrator, whichever is applicable

according to the procedures in Section 150.115, determines that placement in a side

yard would lessen the impact on adjacent residential uses

(3) Loading and service areas shall comply with the applicable parking setback

requirements set forth in Schedule 150.340.5 and shall be screened in accordance

with the provisions set forth in sub-section 150.800.10, Screening of Accessory Uses.

(Ord. 30515-05, passed 12-28-05; amend Ord. 30643-07, passed 3-21-07; amend

Ord. 30762-08, passed 7-16-08; amend Ord. 31142-11, passed 12-21-11)

218

Dayton, Ohio Zoning Code Amended July 16, 2008


150.340.6 Outdoor Storage Regulations

Outdoor activities permitted by right or conditionally permitted in the Industrial Districts in Schedule

150.340.2 shall be permitted only when associated with a principal use and in compliance with the

regulations set forth below:

(A) Types of Storage.

(1) General Storage of Materials. This type of outdoor storage shall include the storage

of goods materials, or products associated with the principal use.

(a) No storage of radioactive, toxic, or otherwise hazardous materials shall be

permitted in any Industrial District, without written permission from the City’s

Fire Department.

(b) The bulk storage of sand, gravel, salt, and other similar materials is permitted

only when such material is effectively prevented from spreading and effectively

screened according to the requirements of Section 150.800.10, Screening of

Accessory Uses.

(2) Storage of Fleet Vehicles. This type of storage shall include the storage of trucks,

vans, or other vehicles that are used as part of the operation of a principal use, but

not including privately owned customer or employee vehicles.

(3) Storage of Equipment for Sale or Rental. This type of storage shall include the

storage of equipment, motorized and non-motorized, for sale and/or rental, such as

tools, trucks, tractors, construction equipment, agriculture implements, and similar

industrial equipment, but not including fleet vehicles or vehicles associated with

automotive sales and rental.

(B) General Outdoor Storage of Materials.

(1) Areas devoted to general outdoor storage of materials shall be located in a rear yard

only, behind the principal building, unless the Plan Board, the Board of Zoning

Appeals, or the Zoning Administrator, whichever is applicable according to the

procedures in Section 150.115, determines that placement in a side yard would

lessen the impact on adjacent residential uses. Areas devoted to general outdoor

storage shall comply with all building setbacks as set forth in Schedule 150.340.3.

(2) The area of the zoning lot devoted to general outdoor storage of materials shall not

exceed twenty percent (20%) of the ground floor area of the principal building.

(C) Regulations for Landscape Materials. Outdoor storage and display areas shall not occupy an

area greater in size than fifty percent (50%) of the floor area of the principal building and

may be located in front of the principal building, provided:

(1) The area is landscaped or covered with porous materials; and,

(2) The area is devoted to the storage of living landscape materials such as trees, shrubs,

and flowers.

219



(D) Outdoor Storage of Fleet Vehicles.

(1) The outdoor storage of fleet vehicles shall be permitted as an accessory use only

when associated with operation of a permitted or conditionally permitted principal

use.

(2) The accessory outdoor storage of fleet vehicles shall be located in a side or rear yard

only, in compliance with the applicable parking setback set forth in Schedule

150.340.5.

(3) The area of the lot devoted to accessory outdoor storage of fleet vehicles shall not

exceed twenty-five percent (25%) of the ground floor of the principal building.

(E) Outdoor Storage of Equipment for Sale or Rental.

(1) The outdoor storage of equipment for sale or rental shall be permitted as an

accessory use only when associated with operation of a permitted or conditionally

permitted principal use.

(2) The accessory outdoor storage of equipment for sale or rental shall be located in a

side or rear yard only, in compliance with the applicable parking setback set forth in

Schedule 150.340.5.

(F) Outdoor Storage. In any Industrial District, areas devoted to outdoor storage of any type

shall be:

(1) Designed to store materials in compliance with all City Fire Codes and shall be

accessible to fire fighting equipment at all times.

(2) Depicted on the site design plan and shall not occupy or interfere with traffic

circulation, required parking areas, required open space, public sidewalks, or

pedestrian access or circulation areas.

(G) Surfacing. Areas devoted to outdoor storage of any type, except storage for landscape

materials, shall be paved with asphalt or concrete and maintained to be free of dust.

(H) Screening.

(1) All outdoor storage of materials, goods, equipment and overnight storage of

vehicles shall be enclosed with a solid wall or fence, including solid gates. The wall

or fence shall have a height tall enough to conceal all operations and materials

therein from the view of any observer standing at the grade level at an abutting

residential district line or a public street. However, in no case shall the height of the

fence or wall be less than six (6) feet. The Plan Board, the Board of Zoning

Appeals, or the Zoning Administrator, whichever is applicable according to the

procedures in Section 150.115, may increase the minimum height of required

screening when it is determined that additional height is needed to effectively

conceal all materials from view of any observer standing at the grade level at an

abutting residential district boundary line or a public street.

220



(2) All outdoor storage areas for materials, goods, equipment and overnight storage of

vehicles that abuts an interstate highway, SR 49, SR 4, and US 35 shall be screened

with evergreen trees planted twelve (12) feet on center. These trees shall be six (6)

feet in height at the time of planting and shall be planted between the fence or wall,

required in sub-section (1) above, and the right-of-way. These evergreen trees are

in addition to the screening required by sub-section 150.340.7 (B)(4)(b).

(I) Signs. No signs shall be permitted in conjunction with outdoor activities except those

otherwise in compliance with the sign regulations contained in Section 150.900, Sign

Regulations. (Ord. 30515-05, passed 12-28-05; amend Ord. 30762-08, passed 7-16-08)

150.340.7 Accessory Use Regulations

Accessory uses are permitted in the Industrial Districts and shall conform to the regulations of this Section.

(A) Accessory Buildings. Accessory buildings that have a gross floor area of 200 hundred

square feet or less shall be located in a side or rear yard and shall comply with the applicable

parking setback set forth in Schedule 150.340.5. All other buildings shall comply with the

setback regulations in Schedule 150.340.3 and site design plan review shall be required.

(B) Fences. All fences shall comply with the following regulations.

(1) Location.

(a) Fences may be built up to, but not on, the property line, and shall be located

entirely on the property of the person constructing it, except property owners,

with written permission from abutting property owners, may connect to fences

on adjoining properties.

(b) In order to maintain clear vision lanes for vehicles and pedestrians, no opaque

fences shall be permitted within ten (10) feet, in any direction, of the following

points:

(i) At the intersection of a driveway and sidewalk (or front property line if

there is no sidewalk);

(ii) At the intersection of a driveway and public right-of way;

(iii) At the intersection of any two driveways.

(c) All fences shall comply with Section 150.410, Visibility at Intersections.

(2) Materials and Construction.

(a) Approved fencing materials include stone, brick, finished wood, iron, or

synthetic look-alike products. Chain link fences shall be permitted provided

that they are constructed of a dark, neutral-colored, non-reflective material, as

approved by the Plan Board, the Board of Zoning Appeals, or the Zoning

Administrator, whichever is applicable according to the procedures in Section

150.115. Chain link fences are prohibited along any public street frontage and

abutting property zoned single-family residential.

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(b) No fence shall be electrified or constructed of barbed wire. The Zoning

Administrator may grant an exception to this requirement for water

supply/treatment facilities, sewage/liquid waste treatment facility, and outdoor

utility substations/distribution facilities when these facilities could pose a

physical hazard.

(c) Only ornamental fences shall be permitted in front of a building, unless required

for screening pursuant to Section 150.800, Landscaping & Screening

Regulations.

(d) All fences shall be designed, constructed, and finished so that the supporting

members face the property of the owner of the fence.

(e) All fences on a single parcel shall have a unified style along a single plane and

for all fence segments visible from off the premises from any single direction.

(3) Height. No fence shall exceed eight (8) feet in height in any rear or side yard, or

exceed forty-two (42) inches in height when located in front of a building, unless

otherwise required by this Zoning Code.

(4) Screening and Landscaping.

(a) Screening and landscaping is not required for ornamental fences.

(b) All fences, other than ornamental fences, when visible from public streets,

shall be visually softened and reasonably screened from the street with

appropriate landscaping as follows:

(i) Fences that are located within required building and parking

setbacks shall be considered appropriately screened when the

landscaping required in Section 150.800.6, Landscaping

Requirements Along Street Frontages, is planted within five (5)

feet of the fence and between the fence and the property line.

(ii) Fences that are not located within the required setback areas shall

be screened with the following landscape materials, planted not

more than five (5) feet from the fence and between the fence and

the property line:

(I) One shade tree shall be provided for every thirty (30) linear

feet of fence length or fraction thereof, not including gates or

other fence openings. Each tree at the time of installation shall

have a minimum caliper of 2.5 inches and a clear trunk height

of at least six (6) feet;

(II) One shrub, that is twenty-four (24) inches in height at planting,

shall be provided for every five (5) feet fence length or fraction

thereof, not including gates or other fence openings; and,

(III) The landscaping may be flexible in its arrangement by

appropriately aggregating the required plant materials.

222



(5) All fences shall be maintained in good condition, be structurally sound and

attractively finished at all times.

(6) Any proposed fence shall be approved as part of a Site Design Plan Review in

accordance with Section 150.115.

(C) Signs. Signs shall comply with the regulations set forth in Section 150.900, Sign

Regulations.

(D) Trash Receptacles. All solid waste products, including empty packing boxes, that result

from any permitted principal, conditional, or accessory use shall either by disposed of, stored

in buildings, or completely enclosed in containers. Such building, container, or dumpster

shall be located in a side or rear yard and shall comply with the applicable parking setback

set forth in Schedule 150.340.5 and shall be screened in accordance with the provisions set

forth in Section 150.800, Landscaping & Screening Regulations. (Ord. 30515-05, passed

12-28-05; amend Ord. 30762-08, passed 7-16-08)

150.340.8 Landscaping and Screening Requirements

Visual screening and landscape buffers shall be provided for all lots in the Industrial Districts in accordance

with the provisions set forth in Section 150.800, Landscaping & Screening Regulations. (Ord. 30515-05,

passed 12-28-05)

150.340.9 Performance Standards

All uses in Industrial Districts shall comply with the following performance standards.

(A) Compliance with State and Federal Regulations. All uses shall comply with all

applicable state and federal Environmental Protection Agency, OSHA and all other state

and federal regulations that pertain to the operation of industrial uses.

(B) Storage Handling. All storage areas shall comply with the regulations set forth in

Bulletin No. 30-L of the National Fire Protective Association and other fire protective

codes of the City of Dayton. All parts shall be accessible to firefighting equipment.

(C) Liquid Waste. If liquid wastes are disposed of in containers, they shall be appropriate

containers, and the wastes shall be removed from the site on a regular basis. Liquid

waste or sewerage shall not be discharged into a reservoir, stream, or other open body of

water or into a storm or sanitary sewer except as allowed by other codes of the City of

Dayton, County, State or similar jurisdictional authority.

(D) Fire Hazards. Any processing that involves explosive materials shall be permitted only in

the I-2 and BP Districts and only as a conditional use. Such use shall only be permitted

when in compliance the regulations set forth in Section 150.500, Conditional Use and

Specific Use Regulations, which shall be in addition to the requirements set forth below.

All activities that involve the use of flammable or explosive material shall comply with

the following:

(1) Any activity involving the use of flammable or explosive material shall be

protected by adequate fire-fighting and fire-suppression equipment and by such

safety devices as are normally used in the handling of any such material.

223



(2) Such activities shall only be permitted in structures having incombustible exterior

walls.

(3) The applicable provisions of the Ohio Revised Code shall be complied with, and

no explosives shall be stored, used or manufactured without first submitting to

the Building Inspector a Certificate of Compliance from the State Fire Marshal or

the City Fire Chief.

(4) No gasoline or other inflammable or explosive material shall be stored unless the

location, plans and construction of the storage facility conform to the laws and

regulations of the State and have the approval of the State Fire Marshal.

(E) Radioactive or Electrical Disturbances.

(1) No activity shall emit dangerous radioactivity at any point or electrical

discharges affecting the operation, at any point, of any equipment other than that

of the creator of such disturbances.

(2) Such disturbances shall be confined to the use and lot from which they originate

and shall not occur across any lot line.

(3) The handling of radioactive materials, the discharge of such materials into the air

and water, and the disposal of radioactive wastes shall be in conformity with the

applicable regulations of the Nuclear Regulatory Commission and the Ohio

Environmental Protection Agency.

(F) Noise. All uses shall comply with the following noise standards.

(1) Measurement.

(a) A sound-level meter shall be used to measure sound pressure level.

(b) Noise levels shall be measured at the lot line for all lots in I-1 District

and at the nearest I-2 or BP District boundary line for all lots in the I-2

and BP Districts.

(2) No use shall emit noise which exceeds the decibel limits set forth below:

Octave Band Frequency

(cycles per second) Decibels

0 to 74 76

75 to 149 71

150 to 299 63

300 to 599 59

600 to 1199 50

1200 to 2399 45

2400 to 4799 38

4800 and over 36

(G) Air Pollution.

(1) The emission of smoke, soot, fly ash, fumes and dust shall be controlled by

precipitation devices, height of stack, rate of emission or other manner so that the

quantity deposited at any Residential or Commercial District shall not be

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detrimental to or endanger the public safety, comfort, welfare or adversely affect

property values.

(2) Dust and other types of air pollution borne by the wind from sources such as

parking areas, storage areas or yards shall be kept to a minimum by appropriate

landscaping, paving, oiling and other acceptable treatment.

(3) No use shall emit smoke for longer than eight (8) minutes in any hour that is a

shade darker than Number 3 on the Standard Ringelmann Chart as issued by the

U. S. Bureau of Mines.

(H) Odorous Matter.

(1) The emission of odorous matter in such quantities as to produce a public

nuisance or hazard outside the building is prohibited in I-1 District.

(2) The emission of odorous matter in such quantities as to produce a public

nuisance or hazard shall not be detectable beyond the lot line in an I-2 or BP

District.

(I) Vibration. In the I-1, I-2, and BP Districts, vibrations that are perceptible without the aid

of instruments shall not permitted beyond the lot occupied by the use generating such

vibration.

(J) Noxious, toxic or corrosive fumes. Noxious, toxic or corrosive fumes or gasses shall not

be emitted which shall be injurious to the property, vegetation or health of people

residing or doing business in any adjacent Residential or Commercial District.

(K) Heat.

(1) In the I-1 District, no use shall generate heat that is perceptible without the aid of

instruments at any point beyond the lot occupied by the use.

(2) In an I-2 and BP Districts, no use shall generate heat that is perceptible without

the aid of instruments at any point beyond the district boundary.

(L) Erosion. No erosion, by either wind or water, which will carry objectionable substances

onto neighboring properties shall be permitted.

(M) Water Pollution. Pollution of water is subject to the requirements and regulations

established by the Ohio Water Commission, the Ohio Environmental Protection Agency,

and the Army Corp of Engineers.

(N) Enforcement. Where determinations can be made by the Zoning Administrator or other

authorized City employee, using equipment normally available or obtainable without

extraordinary expense, such determinations or evaluation shall be made whenever

possible before a notice of violation is issued. Where technical complexity or

extraordinary personnel or equipment is required to make the determination, the Zoning

Administrator may, in the case of the offenses under this Section, require the owner to

either obtain and pay for an independent survey or share in the cost of an independent

survey from a professional engineer experienced in the particular specialty.

(O) Overhead Utility Lines. All utility lines, electric; telephone; cable TV lines; etc. shall be

placed underground.

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(P) Lighting. All uses shall comply with the lighting regulations in sub-section 150.420.3,

Exterior Lighting Standards. (Ord. 30515-05, passed 12-28-05)

150.340.10 Required Design Elements

(A) Purpose. The look and form of buildings and structures is of public concern because it is in

the public’s interest to insure that new developments and alterations to existing ones are

reflective of the policies in the City of Dayton’s Comprehensive Plan. The purpose of the

following regulations is to provide standards by which the Plan Board, the Board of

Zoning Appeals, or the Zoning Administrator can assess the appropriateness of proposed

development based upon the goals in the City’s Comprehensive Plan. The following

regulations are to accomplish the following specific purposes:

(1) To prevent the creation or perpetuation of nuisances or blight in the City;

(2) To protect, strengthen, and enhance the existing visual and aesthetic character of the

City;

(3) To protect and improve property values; and,

(4) To insure that redevelopment and new development reflect the existing overall

character of the City, particularly in area where the existing built environment lacks

architectural elements that merit replication or enhancement.

(B) Schedule 150.340.10. Required Design Elements. The design standards set forth in

Schedule 150.340.10 shall apply to the exterior appearance and design of all new

construction and building renovations in all Industrial Districts. The Plan Board, the

Board of Zoning Appeals, or the Zoning Administrator, whichever is applicable

according to the procedures in Section 150.115, may exempt applicants from these

standards when the exterior building modifications are minor in nature, meaning the

design modifications will have no discernable impact on neighboring properties, the

public, the public right-of-way, or those intended to occupy or use the proposed

development. (Ord. 30515-05, passed 12-28-05; amend Ord. 30762-08, passed 7-16-08)

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Schedule 150.340.10

Required Design Elements

(1) Building, structures, and landscaping shall be designed and located on the site and be of

a scale to complement adjacent buildings and enhance the character of the surrounding

area by having features that are appropriate and compatible with the existing building

and structures. In making this determination, the Plan Board, Board of Zoning Appeals,

or Zoning Administrator, whichever is applicable according to the procedures in Section

150.115, shall consider:

(a) Building height, width, and general proportions; and,

(b) Architectural features, including the pattern of windows and doors, roof pitch,

cornice lines, and other decorative detail.

(2) When existing buildings are renovated, the distinguishing qualities or character of a

property that contribute to the overall character shall not be destroyed. Removal or

alteration of distinctive architectural features should be avoided, except for features that

are determined to be non-contributing elements

(3) Unique and contemporary designs may be appropriate to the extent such design does not

clearly detract from any architectural unity of a group of architecturally significant

buildings.

(4) The use of contemporary interpretations of earlier design styles of surrounding

structures is encouraged; including characteristics such as scale; massing; roof shape;

and window size, shape and spacing.

(5) Window air-conditioning units, condenser elements, antennas, and other mechanical

equipment shall not be located on the front of a building.

(6) Signs shall be designed to reflect the scale of the building, site, and surrounding

characteristics. Buildings shall be designed for the appropriate placement of signage in

a manner that compliments the building.

(7) Exterior security and ornamental lighting, when utilized, shall enhance building design

and the adjoining landscape. Lighting standards and fixtures shall be of a design and

size compatible with the building and adjacent areas.

(8) New construction shall be guided by the existing work to which it is attached or is

associated, and should not be in stark contrast to the materials used on adjacent

principal buildings.

(9) Building and principal building entrances shall be oriented toward the public street and

contain the principal windows of the structure, with the exception of structures in a

court-yard style.

(10) Materials within ten (10) feet of the ground or the sidewalk shall be of a durable

material to withstand pedestrian and vehicular traffic. If “dry vit” or E.I.F.S is used as

an exterior building material, high impact mesh shall be used on all wall areas within

ten (10) feet of the ground or sidewalk. The impact rating is based on the EIMA (EIFS

Industry Members Association) Impact Classification System.

(11) All roof top equipment shall be enclosed in building materials that match the structure

or which are visually compatible with the structure.

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150.340.11 Supplemental Regulations for Specific Uses Some permitted, conditional, or accessory uses as well as uses denoted with a P* in this Section shall be

subject to additional regulations that are set forth in Section 150.500, Conditional Use and Specific Use

Regulations. (Ord. 30515-05, passed 12-28-05)

150.340.12 Development Plan Review

All uses in an Industrial District shall be permitted only after site design plans have been reviewed and

approved according to the procedures set forth in Section 150.115, Site Design Review Procedures. (Ord.

30515-05, passed 12-28-05)

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Documents

City of Dayton, Ohio - TranzonCity of Dayton, Ohio Zoning Code Effective August 1, 2006 (Ord. 30515-05) ... Dayton, OH 45401 937.333.3670 . Dayton, Ohio Zoning Code Amended December