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Dayton Overview
Dayton, KY Code of Ordinances
DAYTON, KENTUCKY CODE OF ORDINANCES
ADOPTING ORDINANCES
TITLE I: GENERAL PROVISIONS
TITLE III: ADMINISTRATION
TITLE V: PUBLIC WORKS
TITLE VII: TRAFFIC CODE
TITLE IX: GENERAL REGULATIONS
TITLE XI: BUSINESS REGULATIONS
TITLE XIII: GENERAL OFFENSES
TITLE XV: LAND USAGE
CHAPTER 150: BUILDING REGULATIONS
CHAPTER 151: FENCES
CHAPTER 152: FLOOD DAMAGE PREVENTION
CHAPTER 153: UNIFORM RESIDENTIAL LANDLORD AND TENANT ACT
CHAPTER 154: ZONING CODE
§ 154.01 ADOPTION BY REFERENCE.
ARTICLE I A ZONING ORDINANCE
ARTICLE II AUTHORITY AND PURPOSE
ARTICLE III SHORT TITLE
ARTICLE IV INTERPRETATION
ARTICLE V CONFLICT
ARTICLE VI SEVERABILITY CLAUSE
ARTICLE VII DEFINITIONS
ARTICLE VIII ESTABLISHMENT OF ZONES
ARTICLE IX GENERAL REGULATIONS
ARTICLE X ZONE REGULATIONS
ARTICLE XI OFF-STREET PARKING REGULATIONS
ARTICLE XII OFF-STREET LOADING AND UNLOADING REGULATIONS
ARTICLE XIII FENCES, WALLS AND OBSTRUCTION TO VIEW REGULATIONS
ARTICLE XIV SIGN REGULATIONS
ARTICLE XV PERFORMANCE STANDARDS FOR INDUSTRIAL ZONES
ARTICLE XVI ADMINISTRATION
ARTICLE XVII AMENDMENT PROCEDURE
ARTICLE XVIII
ARTICLE XIX SCHEDULE OF FEES
CHAPTER 155: SUBDIVISION REGULATIONS
CHAPTER 156: HISTORIC PRESERVATION
CHAPTER 157: REGISTRATION OF VACANT REAL PROPERTY
CHAPTER 158: REASONABLE ACCOMMODATIONS IN RESIDENTIAL NEIGHBORHOODS
TABLE OF SPECIAL ORDINANCES
PARALLEL REFERENCES
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SECTION 9.31 RESIDENTIAL INFILL DEVELOPMENT DECISION-MAKING AND REVIEW CRITERIA.
   These guidelines and review criteria must be used by the Infill Development Review Board in considering all applications for design review:
   A.   Whether the proposal respects the character of the neighborhood or business district, reinforcing its identity through design that is sympathetic to the architectural context of the surrounding area in terms of massing, form, materials, texture, scale and architectural treatment;
   B.   Whether the front building elevations (facing the street) and the overall massing of the building emphasize human scale and the pedestrian environment;
   C.   Whether the proposed building has been designed to form part of a larger composition of the surrounding area by being of similar scale, height, architectural treatment, and orientation;
   D.   Whether building silhouettes (scale and pitch of rooflines) are consistent with the context created by nearby buildings;
   E.   Whether the proportion of windows, bays, and doorways is consistent with the context created by nearby buildings;
   F.   Whether the proposed development uses lighting and related structures as an integrated element in landscaping, architectural treatment, and pedestrian environment.
(Ord. 2022-3, passed 3-15-22)
ARTICLE X ZONE REGULATIONS
SECTION 10.0 CO CONSERVATION ZONE.
   A.   Uses permitted:
      1.   Agricultural uses, but not including the feeding of garbage to animals.
      2.   Forestry.
      3.   Publicly owned or operated parks or recreation areas, including swimming pools.
      4.   Recreational uses other than those publicly owned or operated such as golf courses, golf driving ranges, and country clubs including commercial swimming pools, fishing lakes, and bathing beaches.
      5.   The following uses are permitted in connection with streams, rivers, lakes, or other bodies of water, providing that the development of all permitted facilities in or adjacent to navigable waters shall be approved by the Corps of Engineers, Department of the Army, and a statement of approval or denial shall be submitted to the Planning Commission at the time of submittal of the development plan.
         a.   Recreational boat harbors and marinas. The following uses shall be permitted as accessory uses in connection with any boat harbor or marina and primarily intended to serve only persons using the boat harbor or marina. Advertising of any included or accessory uses shall be within the building and shall not be visible from outside the building.
            1)   Boat fueling, service, and repairs.
            2)   Sale of boat supplies.
            3)   Grocery store.
            4)   Restaurant.
            5)   Clubhouse and lockers.
         b.   Public or private boat landing or launching facilities.
         c.   Recreational dockage facilities.
         d.   Off-street parking facilities and temporary parking of boat trailers including spaces large enough to accommodate automobiles pulling boat trailers.
   B.   Accessory uses:
      1.   Customary accessory buildings and uses.
      2.   Fences and walls, as regulated by §§ 13.0 through 13.10.
      3.   Signs as regulated by §§ 14.0 through 14.7.
   C.   Temporary uses: no building or occupancy permit shall be issued for any of the following, nor shall any of the following uses or any customary accessory buildings or uses be permitted until and unless the location of such use shall have been applied for and approved of by the Board of Adjustment And subject to any conditions or restrictions as may be deemed necessary by the Board to protect the surrounding development and to reasonably insure a reasonable and justifiable operation. The temporary permits shall be valid for only one year and may be renewed at the end of the first year only after approved by the Board of Adjustment.
      1.   Extraction of minerals and other similar items.
      2.   Sanitary landfill, provided such does not create a water diversion which would endanger adjacent areas and further provided that a sanitary landfill would not create any undesirable odors or any unsightly area to adjacent properties or buildings and further than a sanitary landfill, according to a registered civil engineer report, would not cause contamination of any body of water.
   D.   Area, height, yard, and setback regulations: requirements shall be as determined and approved by the Planning Commission in the form of a site plan.
   E.   Other development controls:
      1.   All uses permitted, conditional uses, and temporary uses, permitted in this zone, where appropriate, shall require a certificate of approval from the City Engineer, certifying his approval of the type of an manner of construction to be built (ensuring that construction shall not cause flood hazard, soil erosion, adverse changes in natural drainage courses, or unnecessary destruction of natural features), which completed certificate shall be submitted to appropriate officer or board, as required herein, at time of request.
      2.   A site plan, as regulated by § 9.19, shall be required for any use in this zone.
      3.   Off-street parking and loading or unloading shall be provided in accordance with §§ 11.0 through 12.2.
      4.   No outdoor storage of any material (usable or waste) shall be permitted in this zone, except within enclosed metal containers.
      5.   No lighting shall be permitted which would glare from this zone onto any street, road, highway, deeded right-of-way, or into any residential home.
      6.   Where any yard of any use permitted abuts a residential zone, a minimum yard requirement of one hundred (100) feed for each side or rear yard which abuts this zone shall be provided, ten (10) feet of which shall be maintained by a screening area, as regulated by § 9.17.
      7.   No use producing objectionable odors, noise, or dust shall be permitted within five hundred (500) feet from the boundary of any residential zone.
(Ord. 2017-6, passed 4-4-17)
SECTION 10.1 R-O RIVER ORIENTED ZONE.
   A.   Purpose: the purpose of this zone is to permit those types of uses which are oriented toward the Ohio River.
   B.   Uses permitted:
      1.   The following uses are permitted in this zone only when those uses are developed in conjunction with boat harbors, marinas, or dockage facilities, including boat landing or launching facilities located along the Ohio River in the Conservation Zone. These uses shall have an unobstructed access way connecting the permitted use with the Ohio River for the movement of equipment, materials, vehicles, and pedestrians.
         a.   Sale of marina supplies and equipment, including service and repair.
         b.   Sale of fishing equipment and supplies, including service and repair.
         c.   Off-street parking facilities and temporary parking of boat trailers, including spaces large enough to accommodate automobiles pulling boat trailers.
         d.   Restaurants.
      2.   Publicly owned or operated parks and recreational areas.
      3.   Recreational uses other than those publicly owned or operated, such as golf courses, golf driving ranges, country clubs, including community swimming pools.
   C.   Conditional uses:
      1.   Kennels and catteries under the following conditions:
         a.   Minimum parcel size for a kennel operation one-quarter (1/4) acre;
         b.   To be located in the River Oriented Zone;
         c.   Six (6) foot high perimeter fence around pen enclosure;
         d.   Minimum yard setback to nearest pen enclosure component; ten (10) feet;
         e.   To be located in rear yard;
         f.   Daily cleaning and pen maintenance;
         g.   Kennel to comply with all state regulations pertaining to kennels and the humane treatment of animals;
         h.   Screening as regulated by § 9.17 adjacent to any abutting residential use;
         i.   Other conditions as required by the Board of Adjustments.
   D.   Accessory uses:
      1.   Customary accessory buildings and uses.
      2.   Fences and walls as regulated by §§ 13.0 through 13.10.
      3.   Signs, as regulated by §§ 14.0 through 14.7.
      4.   Dwelling unit facilities for the occupancy of the operation of the principally permitted use, providing the use is attached thereto.
   E.   Area, height, yard, and setback regulations: requirements for all permitted uses shall be as determined and approved by the Planning Commission in the form of a site plan, as regulated by § 9.19.
   F.   Other developmental controls:
      1.   Dwelling units are not permitted in this zone, except as provided for in division D.4. of this section.
      2.   Off-street parking and loading or unloading shall be provided in accordance with §§ 11.0 through 12.2.
      3.   No outdoor storage of any material (usable or waste) shall be permitted in this zone except within enclosed containers.
      4.   No lighting shall be permitted which would glare from this zone onto any street, road, highway, deeded right-of-way, or into any residential zone.
      5.   Where any yard or any use permitted in this zone abuts a residential zone, a minimum yard requirement of fifty (50) feet for each side or rear yard which abuts said zone shall be provided, ten (10) feet of which shall be maintained by a screening area, as regulated by § 9.17.
      6.   No use producing objectionable odors, noise, or dust, shall be permitted within five hundred (500) feet from the boundary of any residential zone.
      7.   The Planning and Zoning Commission may approve, upon submission of a site plan, areas which may be used for outdoor storage of boats on crushed stone lots according to load bearing requirements.
      8.   A site plan, as regulated by § 9.19, shall be required for any use in this zone.
(Ord. 2017-6, passed 4-4-17)
SECTION 10.2 R-1BC (RESIDENTIAL ONE-BC) ZONE.
   A.   Permitted uses: these are the uses which are permitted on property zoned R-1BC as outlined on the official zoning map.
      1.   Single-family residential dwelling, detached.
   B.   Accessory uses:
      1.   Customary accessory buildings and uses.
      2.   Fences and walls, as regulated by §§ 13.0 through 13.10.
      3.   Signs, as regulated by §§ 14.0 through 14.7.
      4.   Home occupations, subject to the restrictions and limitations established in § 9.11.
   C.   Area and height regulations for permitted use:
      1.   Minimum lot area: 15,000 square feet.
      2.   Minimum lot width at building setback line: 85 feet.
      3.   Minimum front yard depth: 35 feet.
      4.   Minimum side yard width: 11 feet on each side of the lot.
      5.   Minimum rear yard depth: 25 feet.
      6.   Maximum building height: 35 feet.
   D.   Other development controls:
      1.   Off-street parking and loading or unloading shall be provided in accordance with §§ 11.0 through 12.2.
      2.   No outdoor storage of any material (usable or waste) shall be permitted in this zone except within enclosed containers.
      3.   No lighting shall be permitted which would glare from this zone onto any street or into any adjacent property.
      4.   Special infill development standards apply in built-up areas to help ensure that new development is compatible with the surrounding context.
   E.   Conditional uses: The following uses or any customary accessory buildings or uses subject to the approval of the Board of Adjustment, as set forth in § 18.7.
      1.   Public-owned parks.
   F.   Area and height regulations for conditionally permitted uses:
      1.   Minimum lot area: 22,500 square feet.
      2.   Minimum lot width at building setback line: 150 feet.
      3.   Minimum front, side (on each side of lot) and rear yards: 50 feet.
      4.   Maximum building height: 35 feet.
(Ord. 2017-6, passed 4-4-17; Am. Ord. 2022-3, passed 3-15-22)
SECTION 10.3 R-1C (RESIDENTIAL ONE-C) ZONE.
   A.   Permitted uses: these are the uses which are permitted on property zoned R-1C as outlined on the official zoning map:
      1.   Single-family residential dwelling, detached.
   B.   Accessory uses:
      1.   Customary accessory buildings and uses.
      2.   Fences and walls, as regulated by §§ 13.0 through 13.10.
      3.   Signs, as regulated by §§ 14.0 through 14.7.
      4.   Home occupations, subject to the restrictions and limitations established in § 9.11.
   C.   Area and height regulations for permitted uses:
      1.   Minimum lot area: 12,500 square feet.
      2.   Minimum lot width at building setback line: 80 feet.
      3.   Minimum front yard depth: 35 feet.
      4.   Minimum side yard width: 10 feet on each side of the lot.
      5.   Minimum rear yard depth: 25 feet.
      6.   Maximum building height: 35 feet.
   D.   Other development controls:
      1.   Off-street parking and loading or unloading shall be provided in accordance with §§ 11.0 through 12.2.
      2.   No outdoor storage of any material (usable or waste) shall be permitted in this zone except within enclosed containers.
      3.   No lighting shall be permitted which would glare from this zone onto any street or into any adjacent property.
      4.   Special infill development standards apply in built-up areas to help ensure that new development is compatible with the surrounding context.
(Ord. 2017-6, passed 4-4-17; Am. Ord. 2022-3, passed 3-15-22)
SECTION 10.4 R-1D (RESIDENTIAL ONE-D) ZONE.
   A.   Permitted uses: these are the uses which are permitted on property zoned R-1D, as outlined on the official zoning map.
      1.   Single-family residential dwellings, detached.
   B.   Accessory uses:
      1.   Customary accessory buildings and uses.
      2.   Fences and walls, as regulated by §§ 13.0 through 13.10.
      3.   Signs, as regulated by §§ 14.0 through 14.7.
      4.   Home occupations, subject to the restrictions and limitations established in § 9.11.
   C.   Area and height regulations for permitted uses:
      1.   Minimum lot area: 9,000 square feet.
      2.   Minimum lot width at building setback line: 70 feet.
      3.   Minimum front yard depth: 30 feet.
      4.   Minimum side yard width: 10 feet on each side of the lot.
      5.   Minimum rear yard depth: 25 feet.
      6.   Maximum building height: 35 feet.
   D.   Other developmental controls:
      1.   Off-street parking and loading or unloading shall be provided in accordance with §§ 11.0 through 12.2.
      2.   No outdoor storage of any material (usable or waste) shall be permitted in this zone except within enclosed containers.
      3.   No lighting shall be permitted which would glare from this zone onto any street or into any adjacent property.
      4.   Special infill development standards apply in built-up areas to help ensure that new development is compatible with the surrounding context.
   E.   Conditional uses: the following uses or any customary accessory buildings or uses subject to the approval of the Board of Adjustment, as set forth in §§ 9.14 and 18.7.
      1.   Public-owned parks.
   F.   Area and height regulations for conditionally permitted uses.
      1.   Minimum lot area: 22,500 square feet.
      2.   Minimum lot width at building setback line: 150 feet.
      3.   Minimum front as side (on each side of lot) and rear yards: 50 feet.
      4.   Maximum building height: 35 feet.
(Ord. 2017-6, passed 4-4-17; Am. Ord. 2022-3, passed 3-15-22)
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