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Council adopts zoning table fix, sets accessory buildings as conditional with a 1,000‑sq‑ft exception

Dayton City Council · July 29, 2026
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Summary

After debate, council voted 4–1 to treat accessory buildings in the Park & Recreation district as a conditional use, with an exception allowing permitted accessory structures of 1,000 square feet or less; staff and planning commission perspectives both informed the discussion.

The council considered Ordinance 2026‑13 to correct typographical errors in the zoning table and to resolve whether accessory buildings in the Park & Recreation (PR) district should be permitted or require a Conditional Use Permit (CUP).

Staff explained that in practice the city had been treating accessory buildings in PR as permitted uses, while the planning commission read the code as requiring a CUP. After discussion—where council members debated whether to set a size threshold (500 vs. 1,000 square feet) and raised concerns about height and public vs. private use—the council adopted the planning commission’s CUP approach with an explicit exception: accessory buildings 1,000 sq ft and under would be permitted. The motion to approve the ordinance and the related table corrections carried 4–1.

Speakers urged staff to ensure PUD approvals remain respected and noted that any existing approvals would not be retroactive. Public commenters asked staff to clarify whether previously approved PUD elements remain valid under the revised table; staff confirmed that previously approved PUD elements remain in effect and that changes would apply going forward.