SECTION 10.8 R-1JJ (RESIDENTIAL ONE-JJ) ZONE.

b. The total number of guest units plus the owner’s unit shall not exceed the existing, lawful nonconforming use in the total number of residential units;

c. The owner shall live in the dwelling unit and operate the bed and breakfast establishment; only members of the owner’s family residing on the premises may take part in the operation of the bed and breakfast business;

d. Food service may be provided for resident guests only;

e. No exterior alterations and/or additions shall be permitted for the purpose of increasing the number of guest rooms/units;

f. Interior alterations should maintain the unique characteristics of the structure, if possible;

g. One parking space per guest room/unit and two (2) parking spaces for the owner shall be provided on site. Parking shall be limited to the side and rear yards and new parking areas shall be screened from adjacent properties with a six (6) foot high masonry or wood fence, or dense vegetation;

h. A site plan as regulated by § 9.19 of this appendix shall be required;

i. An occupational license must be obtained to operate the bed and breakfast.

D. Area and height regulations for permitted uses:

1. Minimum lot area: 4,000 square feet.

2. Minimum lot width at building setback line: 40 feet.

3. Minimum front yard depth: 20 feet.

4. Minimum side yard width: 5 feet on each side of the lot.

5. Minimum rear yard depth: 25 feet.

6. Maximum building height: 35 feet.

E. 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 10.8 R-1JJ (RESIDENTIAL ONE-JJ) ZONE.

A. Permitted uses: these are the uses which are permitted on property zoned R-1JJ as outlined on the official zoning map:

1. Single-family residential dwellings, detached.

2. Within the Historic District (HP) Overlay Zone, retail sales and service businesses located within one hundred (100) feet of an intersection with 6th Avenue, as listed below:

a. Apparel shops;

b. Artisan/craft studios;

c. Art studios;

d. Bakeries and bakery goods stores where the products are sold exclusively on the premises;

e. Barber shops/hair salons;

f. Book, stationary, and gift shops;

g. Candy, soda fountain and ice cream stores;

h. Coffee shops;

i. Delicatessens;

j. Florist shops;

k. Personal trainer/small group fitness;

l. Small professional offices (such as realtors, private consulting firms, medical, dental, legal);

m. Off-street parking lots and parking garages;

n. Professional teaching studios on any form of fine arts, photography, music, drama or dance;

o. Sporting goods.

3. Professional office, excluding clinics, with the following restrictions:

a. The professional office shall be an adaptive reuse of a building or structure constructed prior to January 1, 2022;

b. No exterior alterations and/or additions shall be permitted for the purpose of increasing the building capacity;

c. Gross floor area of building shall be four thousand (4,000) square feet or greater;

d. May be included within and entered from within any use permitted in this zone; and

e. On-site parking shall be provided if the number of employees on the shift of largest employment exceeds three (3).

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.

5. Mobile food vending vehicle as an accessory use to a permitted non-residential use.

C. 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. Churches and other buildings for the purpose of religious worship, provided they are located adjacent to an arterial or collector street.

2. Fire and police stations.

3. Governmental offices, including city buildings and city garages.

4. Institutions for higher education, providing they are located adjacent to an arterial street.

5. Clinics, sanitariums, nursing homes, and homes for the aged, provided they are located adjacent to an arterial street.

6. Nursery schools, daycare or family care facilities that comply with item 13.b. of this section.

7. Public and parochial schools.

8. Publicly owned or operated parks, playgrounds, golf courses, community recreational centers, including public swimming pools and libraries.

9. Recreational uses other than those publicly owned or operated, inclusive of swimming pools, but not including private swimming pools associated with a permitted use in this zone.

10. Funeral homes, provided they are located adjacent to an arterial street.

11. Art studio, art instruction, retail sales of art supplies or retail sales of art work.

12. Bed and breakfast, with the following restrictions:

a. The total number of guest units plus the owner’s unit shall not exceed the existing, lawful nonconforming use in the total number of residential units;

b. The resident on-site manager shall live in the dwelling unit and operate the bed and breakfast establishment;

c. Food service may be provided for resident guests only;

d. No exterior alterations and/or additions shall be permitted for the purpose of increasing the number of guest rooms/units;

13. Family child-care home, with the following restrictions:

a. Any portions of the building used for other than child care shall not interfere with the day care program;

b. The facility shall meet all state requirements and be certified as a family home child care center by the Kentucky Cabinet for Health and Family Services or its successor agency.

14. Child-care center, with the following restrictions:

a. Any portions of the building used for other than child care shall not interfere with the day-care program;

b. The facility shall meet all state requirements and be licensed as a Type I or Type II Child Care Facility by the Kentucky Cabinet for Health and Family Services or its successor agency.

15. Event facility, with the following restrictions:

a. The event facility shall be an adaptive reuse of a building or structure constructed prior to January 1, 2020;

b. No exterior alterations and/or additions shall be permitted for the purpose of increasing the building capacity;

c. May be included within and entered from within any use permitted in this zone;

d. The sale of alcoholic beverages may be permitted only if food is served at the event.

D. Area and height requirements for permitted uses:

1. Minimum lot area: 2,500 square feet.

2. Minimum lot width at building setback line: 25 feet.

3. Minimum front yard depth: 10 feet.

4. Minimum side yard width:

a. Total for both sides, 6 feet.

b. Minimum for one side, 3 feet.

c. In the case of a side yard which abuts a street (a corner lot) the yard shall be the average setback of adjacent structures along the same street frontage.

5. Minimum rear yard depth: 25 feet.

6. Maximum building height: 35 feet.

E. Area and height requirements for conditionally permitted uses:

Use	Minimum lot area	Minimum lot width	Minimum front, side, and rear yards (one)	Maximum bldg. height
Publicly owned and/or operated parks, playgrounds, recreations centers, including public swimming pools and libraries	5,000 square feet	50 feet	10 feet	35 feet
Nursery schools/day care centers	5,000 square feet	50 feet	10 feet	35 feet
Churches, fire 12, and police stations; governmental offices; event facilities	5,000 square feet	50 feet	15 feet	40 feet
Clinic sanitarium, nursing homes, and homes for the aged; private recreational uses; funeral homes; city garages	1/2 acre	100 feet	25 feet	40 feet
Public and parochial schools; institutions	1 acre	150 feet	25 feet	40 feet

1. Any screening areas required by this appendix may be provided within the minimum yard requirements.

F. 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. Where any yard of any conditional use permitted in this zone abuts property in a single-family residential zone, a ten-foot wide screening area, as regulated by § 9.17, shall be required.

5. Special infill development standards apply in built-up areas to help ensure that new development is compatible with the surrounding context.

G. Parking requirements for conditionally permitted uses:

1. Off-street parking: the number of off-street parking spaces should equal the number of spaces that were provided during the most recent occupancy of the structure. If no spaces were provided, then no additional spaces shall be required for the new use as long as the proposed use is in the same category “Types of Uses” listed under § 11.3. If the proposed type of use is different from the previous type of use and requires additional parking spaces, the Board of Adjustments may consider fewer spaces as long as the neighborhood is not adversely impacted. Days of operation, time of day, the type of business and other pertinent information may be used to determine whether or not the neighborhood would be adversely impacted by insufficient off-street parking.

(Ord. 2017-6, passed 4-4-17; Am. Ord. 2017-13, passed 6-20-17; Am. Ord. 2020-1, passed 3-3-20; Am. Ord. 2021-15, passed 9-7-21; Am. Ord. 2022-3, passed 3-15-22; Am. Ord. 2022-10, passed 5-3-22)

SECTION 10.9 RMHP RESIDENTIAL MOBILE HOME PARK ZONE.

A. Uses permitted:

1. Mobile homes.

2. All uses permitted under and as controlled by § 10.12 R-4 (Residential Four) Zone.

B. Accessory uses:

1. Customary accessory buildings and uses.

2. Structures and uses related to and for the exclusive use of residents of the mobile home park, as follows, but excluding any commercial operations:

a. Recreational facilities and areas.

b. Rental or sales offices for lots in the mobile home park.

c. Community center.

d. Washing facilities.

3. Fences and walls, as regulated by §§ 13.0 through 13.10.

4. Signs as regulated by §§ 14.0 through 14.7.

C. Area and height regulations for permitted uses: no building shall be erected or structurally altered hereafter except in accordance with the following regulations:

1. Minimum site for a mobile home park: ten acres and the width of the park shall have a minimum distance of 500 feet, as measured along a deeded right-of-way.

2. Minimum lot area: 6,500 square feet.

3. Minimum lot width at minimum building setback line: 60 feet, and shall abut a deeded right-of-way.

4. Minimum front yard depth: 20 feet.

5. Minimum side yard width: 15 feet on the non-entrance side of the mobile home and 20 feet on the entrance side of the mobile home. In the event that the mobile home may have an entrance on both sides there shall be required a side yard on each side of 20 feet.

6. Minimum rear yard depth: 20 feet.

7. Maximum building height: 25 feet.

D. Other development controls:

1. Minimum setback of all buildings and structures within mobile home parks at all park boundary lines: 50 feet.

2. Patio. A patio slap of at least 180 square feet shall be provided on each mobile home lot and conveniently located at the entrance of each mobile home. The patio may extend five feet into the side yard.

3. Streets.

a. All streets within the mobile home park shall be within deeded and accepted public rights-of-way and constructed to required city specifications for subdivisions.

b. Streets shall be provided and placed on the site where necessary to furnish principal traffic ways for convenient access to each mobile home and other important facilities in the area.

4. Recreation area. There shall be required that not less than 10% of the gross area of the mobile home park be set aside, designed, constructed, and equipped as a recreational area. A minimum of one acre per recreation site shall be provided.

5. Off-street parking and loading or unloading shall be provided in accordance with §§ 11.0 through 12.2.

6. No outdoor storage of any material (usable or waste) shall be permitted in this zone, except within enclosed metal containers.

7. 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.

8. Where any yard of any use permitted in this zone abuts any other residential zone, a ten-foot wide screening area, as regulated by § 9.17, shall be required.

9. Mobile home parks shall be permitted in that area which is above the elevation of 493.3 feet (mean sea level), but below the elevation of 497 feet (MSL), without required flood proofing or filling, as long as the mobile homes are not permanently anchored except that they shall be required to conform to all other provisions of § 9.21.

10. A site plan, as regulate by § 9.19 shall be required for any use in this zone.

11. Comply with general mobile home regulations as set forth in KRS 219.310 through 219.410.

12. 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 10.10 R-2 (RESIDENTIAL TWO) ZONE.

A. Permitted uses: these are the uses which are permitted on property zoned R-2 as outlined on the official zoning map:

1. Two-family residential dwellings.

2. Multi-family residential dwellings.

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. Area and height regulations for permitted uses:

1. Minimum lot area: 20,000 square feet.

2. Maximum density:

a. Nine (9.0) dwelling units per net acre.

b. In the case of this zone, more than one principal building, as defined herein, may be permitted on one lot.

3. Minimum lot width at building setback line: 100 feet.

4. Minimum front yard depth: 40 feet.

5. Minimum side yard width:

a. One side: 10 feet.

b. Total both sides: 25 feet.

6. Minimum rear yard depth: 30 feet.

7. Maximum building height: 40 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. A site plan, as regulated by § 9.19, shall be required for any use permitted in this zone.

5. 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 Adjustments, as set forth in §§ 9.14 and 18.7:

1. Public schools.

2. Buildings or structures owned and operated by the Dayton Board of Education.

F. Area and height regulations for conditionally permitted uses: area and height requirements for conditionally permitted uses listed in this section shall be the same as those similarly listed in Section 10.8(E) R-1JJ, Area and Height Regulations for Conditionally Permitted Uses, of this appendix, except, reasonable additional requirements as to landscaping, lighting, screening, fencing, access ways and building setbacks may be imposed by the board of Adjustments for the protection of the adjacent properties and future uses within the zone.

(Ord. 2017-6, passed 4-4-17; Am. Ord. 2022-3, passed 3-15-22)

SECTION 10.11 R-3 (RESIDENTIAL THREE) ZONE.

A. Permitted uses: these are the uses which are permitted on property zoned R-3, as outlined on the official zoning map:

1. Two-family residential dwellings.

2. Multi-family residential dwellings.

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. Area and height regulations for permitted uses:

1. Minimum lot area: 12,500 square feet.

2. Maximum density:

a. 20 dwelling units per net acre.

b. In the case of this zone, more than one principal building, as defined herein, may be permitted on one lot.

3. Minimum lot width at building setback line: 100 feet.

4. Minimum front yard depth: 30 feet.

5. Minimum side yard width:

a. One side: 10 feet.

b. Total both sides: 25 feet.

6. Minimum rear yard depth: 30 feet.

7. Maximum building height: 40 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. Where any yard of any use permitted in this zone abuts property in a single-family residential zone, a ten-foot wide screening area as regulated by § 9.17 shall be required.

5. A site plan, as required by § 9.19, shall be required for any use permitted in this zone, except when development is proposed under the planned unit development regulations, as regulated by § 10.13.

6. 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 schools.

(Ord. 2017-6, passed 4-4-17; Am. Ord. 2022-3, passed 3-15-22)

Disclaimer: This Code of Ordinances and/or any other documents that appear on this site may not reflect the most current legislation adopted by the Municipality. American Legal Publishing provides these documents for informational purposes only. These documents should not be relied upon as the definitive authority for local legislation. Additionally, the formatting and pagination of the posted documents varies from the formatting and pagination of the official copy. The official printed copy of a Code of Ordinances should be consulted prior to any action being taken. For further information regarding the official version of any of this Code of Ordinances or other documents posted on this site, please contact the Municipality directly or contact American Legal Publishing toll-free at 800-445-5588.

Hosted by: American Legal Publishing

Back to Code Library

Previous Doc

Next Doc