City of Owensville, MO
Gasconade County
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Table of Contents
Table of Contents

Section 400.070 Established Districts.

[Ord. No. 1161 §1, 11-18-2013]
For the purposes of this Chapter, the City of Owensville is hereby divided into the following Districts:
"A-1"
Agricultural District
"R-R"
Rural Residential District
"R-1"
Single-Family Residential District
"R-1A"
Single-Family Residential District
"R-2"
Two-Family Residential District
"R-3"
Multifamily Low-Density Residential District
"R-4"
Multifamily High-Density Residential District
"R-5"
Planned Residential/Business District
"OT"
Old Town District (formally "OTR" Old Town Res.)
"OTC"
Old Town Commercial District
"MH"
Mobile Home Park District
"C-1"
Neighborhood Commercial District
"C-2"
Highway Commercial District
"M-1"
Light Industrial District
"M-2"
Industrial District

Section 400.080 Zoning Map.

[Ord. No. 1161 §1, 11-18-2013]
The boundaries of these districts are hereby established as shown upon the "Official Owensville Zoning Map." The Zoning Map as amended and all the notations, references and other information shown thereon are a part of this Chapter and shall have the same force and effect as if such map and all the notations, references and other information shown thereon were all fully set forth or described herein, which Zoning Map is properly attested and is on file with the City Clerk. Said map, with all subsequent amendments thereto, supersedes all prior Zoning Maps of the City. All subsequent amendments to the Zoning Map shall include the date of adoption and number of the amending ordinance.

Section 400.090 Annexed Territory.

[Ord. No. 1161 §1, 11-18-2013]
Any area within the geographical boundaries of Owensville, Missouri, which is added to or becomes a part of the City, shall retain the zoning classification it had prior to the annexation; provided that the Administrative Official shall, within sixty (60) days of the effective date of such annexation, initiate a review and rezoning of said property under the provisions of this Zoning Ordinance.

Section 400.100 Vacation of Public Ways.

[Ord. No. 1161 §1, 11-18-2013]
In the event any street, alley or other public way forming the boundary of a district is vacated, the new district boundary line shall be the former center line of said vacated public way.

Section 400.110 Boundaries of Districts.

[Ord. No. 1161 §1, 11-18-2013]
A. 
Where uncertainty exists with respect to the boundaries of the various districts as shown on the District Map made a part of this Chapter, the following rules apply:
1. 
The district boundaries are the center lines of streets and/or alleys unless otherwise shown. Where the districts designated on the Zoning Map are bounded approximately by the center line of a street and/or alley, such center line shall be construed to be the boundary of such district.
2. 
Where the district boundaries are not otherwise indicated or when the property has been or may hereafter be divided into blocks and lots, the district boundaries shall be construed to be lot lines; and where the districts designated on the Zoning Map are bounded approximately by lot lines, such lot lines shall be construed to be the boundary of such district unless the boundaries are otherwise indicated on the map.
3. 
Whenever any street, alley or other public way is vacated by the Board of Aldermen of the City of Owensville, Missouri, Gasconade County or the State of Missouri, the zoning districts adjoining on each side of such street, alley, or public way shall automatically be extended to the center line of such vacation, and all area included in the vacation shall then be subject to all applicable regulations of the extended districts.

Section 400.120 Compliance With The Regulations.

[Ord. No. 1161 §1, 11-18-2013]
A. 
Except as hereinafter specifically provided:
1. 
No building shall be erected, converted, enlarged, reconstructed, moved or structurally altered, or any building or land used, except for a purpose (use) permitted in the district in which the building or land is located.
2. 
No building shall be erected, converted, enlarged, reconstructed or structurally altered except in conformity with the height, area, parking and loading regulations of the district in which the building is located.
3. 
The minimum yards and other open spaces, including lot area per family, required by this Chapter for each and every building existing on the date of adoption of these regulations, or for any building hereafter erected, shall not be encroached upon or considered as part of the yard or open space required for any other building, nor shall any lot area be reduced below the requirements of this Chapter for the district in which such lot is located, unless otherwise permitted by law or as approved by the Board of Aldermen.
4. 
Every part of a required yard shall be open to the sky, unobstructed except for accessory buildings in a rear yard, and except for the ordinary projections of sills, belt courses, cornices and ornamental features, roof overhangs, planter boxes and similar items, not to extend more than twelve (12) inches into any required yard.
5. 
There shall be no storage of household items, building materials, motor vehicle parts or pieces, unlicensed motor vehicles or any other material within a front yard or in front of the main building or within any side yard. Any such materials which remain on the property for thirty (30) days or more after notification to remove same shall constitute a violation punishable under Section 400.690 of these regulations.
6. 
Every building hereafter erected or structurally altered after the date of adoption of these regulations shall be located on a lot as defined in Section 400.010 and in no case shall there be more than one (1) principal building on a lot, except as otherwise permitted in this Chapter.
7. 
In the event that a lot is to be occupied by a group of two (2) or more related buildings to be used for non-residential purposes, there may be more than one (1) main building on the lot; provided, however, that open space between buildings shall have a minimum dimension of thirty (30) feet for one-story buildings, forty (40) feet for two-story buildings, and fifty (50) feet for two-and-one-half-story buildings.
8. 
Grading, filling, excavating or any change in the grade of property that involves the moving, depletion or replacement of more than fifty (50) cubic yards of material or changes the existing elevation by more than two (2) feet requires a permit. At no time shall any grading be detrimental to surrounding property in appearance or in the diversion of stormwater drainage.
9. 
Every inhabited mobile home shall be located in a mobile home park district. No mobile home outside an approved mobile home park district shall be connected to utilities except those mobile homes being offered for sale and not inhabited as display units.
10. 
It is not intended by this Chapter to interfere with, abrogate, or annul any easements, covenants, or other arrangements between parties; provided, however, that where this Chapter imposes a greater restriction upon the use of buildings or premises or upon height of buildings, or requires larger open spaces than are imposed or required by any other easements, covenants, or agreements, the provisions of this Chapter shall govern.
11. 
In case of conflict between this Chapter or any part thereof, and the whole or part of any other existing or future ordinance, the most restrictive in each case shall apply.
12. 
Every lot containing a dwelling shall have direct access to a public right-of-way. However, lots of flag configurations, which could place a dwelling unit behind a dwelling unit, shall not be permitted.

Section 400.130 "A-1" Agricultural District.

[Ord. No. 1161 §1, 11-18-2013]
A. 
Purpose. This district is intended to provide a location for land situated within the jurisdictional limits of the City, which is used for agricultural purposes. Therefore, the agricultural uses and activities should not be detrimental to urban land uses. It is not intended that this district provide a location for a lower standard of residential, commercial or industrial development than is authorized in other districts. The type of uses, area and intensity of use of land that is authorized in this district is designed to encourage and protect any agricultural uses until urbanization is warranted and the appropriate changes in district classification are made.
B. 
Permitted Uses. The listing of permitted uses is set out in the Land Use Table, which is included as an attachment to this chapter.
C. 
Conditional Uses. The Board of Aldermen may authorize conditional use permits for uses listed as conditional uses in the Land Use Table, which is included as an attachment to this chapter, pursuant to Section 400.640 of this Chapter and subject to such other restrictions and conditions as deemed necessary.
D. 
Bulk Requirements.
"A-1" Agricultural District Bulk Regulations
Minimum lot area
10 acres; 3 acres for single-family dwellings
Minimum lot width
150 feet
Yard/setback
Front
50 feet
Side
15 feet
Rear
50 feet
Maximum height
35 feet or 2 1/2 stories
E. 
Supplemental Regulations. All development shall comply with the supplemental regulations provided in Article III of this Chapter.
F. 
Off-Street Parking And Loading Requirements. Off-street parking requirements shall conform to Article IV.
G. 
Sign Requirements. All residential signage shall comply with Article V.

Section 400.140 "R-R" Rural Residential District.

[Ord. No. 1161 §1, 11-18-2013]
A. 
Purpose. The Rural Residential ("R-R") District provides an opportunity to set aside areas of the City of single-family residential development in accordance with the general designation of "very-low-density residential." These districts are intended for land areas that are planned or are existing single-family rural residential areas characterized by moderately large parcels that range in size from three (3) to ten (10) acres.
B. 
Permitted Uses. The listing of permitted uses is set out in the Land Use Table, which is included as an attachment to this chapter.
C. 
Conditional Uses. The Board of Aldermen may authorize conditional use permits for uses listed as conditional uses in the Land Use Table, which is included as an attachment to this chapter, pursuant to Section 400.640 of this Chapter and subject to such other restrictions and conditions as deemed necessary.
D. 
Bulk Requirements.
"R-R" Rural Residential District Bulk Regulations
Minimum lot area
3.5 acres
Minimum lot width
200 feet
Yard/setback
Front
75 feet
Side
50 feet
Rear
50 feet
Minimum floor area
1,600 square feet per residence, excluding basements, porches and garages
Maximum height
35 feet or 2 1/2 stories
E. 
Subdivision Restrictions. It shall be the responsibility of the subdivision, through committee or other means, to ensure the compliance of subdivision restrictions which may be more stringent that these regulations.
F. 
Roads And Rights-Of-Way. Areas shall be held to the minimum standards of design and development specified in Article IV of Chapter 405 with the following exceptions:
1. 
Easements. Easements of not less than ten (10) feet wide shall be provided along all interior subdivision lot lines. Easements not less than twenty (20) feet wide shall be provided along all exterior lot lines and utilities. Easements not less than thirty (30) feet wide shall be provided along all natural drainage channels and streams.
2. 
Street improvements. Roads within a "R-R" District may be constructed of a crushed stone granular material without consideration for asphaltic concrete or Portland cement concrete paving so long as adequate ditching and drainage is constructed and so long as granular surfacing of roads is noted on the subdivision plat and made known to purchasers of such lots. Future paving or improvement to such roads shall be done through petition of the property owner's committee/association and utilization of a cost-share program. Minimum design standards for street/road base shall be in accordance with Gasconade County standards.
3. 
Drainage and culverts. All drives and connector roads that do not have curb and gutters shall be provided with ditching and culverts of an approved non-degradable material and size, and shall require a permit from City Hall prior to construction.
G. 
Supplemental Regulations. All development shall comply with the supplemental regulations provided in Article III of this Chapter.
H. 
Sign Requirements. All residential signage shall comply with Article V.

Section 400.150 "R-1" Single-Family Residential District.

[Ord. No. 1161 §1, 11-18-2013]
A. 
Purpose. The regulations set forth in this Section or set forth elsewhere in this Chapter when referred to in this Section are the regulations in the "R-1" Single-Family Residential District.
B. 
Permitted Uses. The listing of permitted uses is set out in the Land Use Table, which is included as an attachment to this chapter.
C. 
Conditional Uses. The Board of Aldermen may authorize conditional use permits for uses listed as conditional uses in the Land Use Table, which is included as an attachment to this chapter, pursuant to Section 400.640 of this Chapter and subject to such other restrictions and conditions as deemed necessary.
D. 
Bulk Requirements.
[Ord. No. 1233 § 1, 12-5-2016]
"R-1" Single-Family Residential District Bulk Regulations
Minimum lot area
12,000 square feet
Minimum lot width
80 feet
Yard/setback
Front
25 feet, unless 40% or more of the frontage on one side of the street is improved with buildings that have observed a front yard variation in depth of not more than 10 feet, in which case no building shall project beyond the average front yard line so established, but this regulation shall not be interpreted to require a front yard of more than 50 feet
Side
25 feet
Rear
10 feet
Maximum height
35 feet or 2 1/2 stories
Minimum floor area
1,000 square feet of floor area consisting only of those floor areas that intersect the outer walls of the dwelling exclusively above grade
E. 
Supplemental Regulations. All development shall comply with the supplemental regulations provided in Article III of this Chapter.
F. 
Off-Street Parking And Loading Requirements. Off-street parking requirements shall conform to Article IV.
G. 
Sign Requirements. All residential signage shall comply with Article V.

Section 400.160 (Reserved)

Section 400.170 "R-1A" Single-Family Residential District.

[Ord. No. 1161 §1, 11-18-2013]
A. 
Purpose. The "R-1A" Single-Family Residential District is hereby created to provide an alternative to the "R-1" Single-Family Residential District allowing smaller lots and to promote the goals and objectives of the Comprehensive Plan.
B. 
Permitted Uses. The listing of permitted uses is set out in the Land Use Table, which is included as an attachment to this chapter.
C. 
Conditional Uses. The Board of Aldermen may authorize conditional use permits for uses listed as conditional uses in the Land Use Table, which is included as an attachment to this chapter, pursuant to Section 400.640 of this Chapter and subject to such other restrictions and conditions as deemed necessary.
D. 
Bulk Requirements.
[Ord. No. 1233 § 2, 12-5-2016]
"R-1A" Single-Family Residential District Bulk Regulations
Minimum lot area
5,850 square feet
Minimum lot width
65 feet
Yard/setback
Front
25 feet
Side
6 feet
Rear
25 feet
Maximum height
2 stories; up to a maximum height of 40 feet, measured from the grade at the front entrance
Minimum floor area
800 square feet of floor area consisting only of those floor areas that intersect the outer walls of the dwelling exclusively above grade
E. 
Supplemental Regulations. All development shall comply with the supplemental regulations provided in Article III of this Chapter.
F. 
Off-Street Parking And Loading Requirements. Off-street parking requirements shall conform to Article IV.
G. 
Sign Requirements. All residential signage shall comply with Article V.

Section 400.180 "R-2" Two-Family Residential District.

[Ord. No. 1161 §1, 11-18-2013]
A. 
Purpose. The regulations contained in this Section are the district regulations in the "R-2" Two-Family Districts. These regulations are supplemented and qualified by additional general regulations contained elsewhere in this Title and made part of this Section by reference.
B. 
Permitted Uses. The listing of permitted uses is set out in the Land Use Table, which is included as an attachment to this chapter.
C. 
Conditional Uses. The Board of Aldermen may authorize conditional use permits for uses listed as conditional uses in the Land Use Table, which is included as an attachment to this chapter, pursuant to Section 400.640 of this Chapter and subject to such other restrictions and conditions as deemed necessary.
D. 
Bulk Requirements.
[Ord. No. 1233 § 3, 12-5-2016]
"R-2" Two-Family Residential District Bulk Regulations
Minimum lot area
12,000 square feet
Minimum lot width
80 feet
Yard/setback
Front
25 feet, unless 40% or more of the frontage on one side of the street is improved with buildings that have observed a front yard variation in depth of not more than 10 feet, in which case no building shall project beyond the average front yard line so established, but this regulation shall not be interpreted to require a front yard of more than 50 feet
Side
6 feet, except for lots of record that existed on the date of this Chapter that are less than 50 feet wide, the side setback may be reduced to 4 feet
Rear
There shall be a rear yard having a depth of not less than 25 feet or 20% of the depth of the lot, whichever amount is larger, but it need not exceed 40 feet.
Maximum height
40 feet or 2 1/2 stories
Minimum floor area
1,000 square feet of floor area consisting only of those floor areas that intersect the outer walls of the dwelling exclusively above grade
E. 
Supplemental Regulations. All development shall comply with the supplemental regulations provided in Article III of this Chapter.
F. 
Off-Street Parking And Loading Requirements. Off-street parking requirements shall conform to Article IV.
G. 
Sign Requirements. All residential signage shall comply with Article V.

Section 400.190 "R-3" Multiple-Family Low-Density Residential District.

[Ord. No. 1161 §1, 11-18-2013]
A. 
Purpose. This district is intended to provide for medium-density multiple-family residential development. It may include a range of residential uses from single-family to fraternity and sorority houses. The principal land use is a residential apartment-type dwelling.
B. 
Permitted Uses. The listing of permitted uses is set out in the Land Use Table, which is included as an attachment to this chapter.
C. 
Conditional Uses. The Board of Aldermen may authorize conditional use permits for uses listed as conditional uses in the Land Use Table, which is included as an attachment to this chapter, pursuant to Section 400.640 of this Chapter and subject to such other restrictions and conditions as deemed necessary.
D. 
Bulk Requirements.
"R-3" Multiple-Family Residential District Bulk Regulations
Minimum lot area
10,000 square feet; 2,500 square feet per family
Minimum lot width
75 feet
Yard/setback
Front
25 feet
Side
10 feet; 15 feet for corner lots
Rear
25 feet
Minimum floor area
Two-family: 1,000 square feet per dwelling unit, excluding basements, porches and garages
Multiple-family: 800 square feet per dwelling unit, excluding basements, porches and garages
Maximum height
35 feet
E. 
Access To Buildings In An Apartment Complex. In apartment complexes there shall be a minimum distance between all buildings of twelve (12) feet. An access driveway for ingress and egress with a permanent dust-free paved surface shall be provided for all apartment complexes. Such driveway shall be a minimum of sixteen (16) feet wide. No parking shall be allowed in the driveway. The driveway and all buildings shall be located in such a manner as to provide access to all buildings by emergency vehicles.
F. 
Supplemental Regulations. All development shall comply with the supplemental regulations provided in Article III of this Chapter.
G. 
Off-Street Parking And Loading Requirements. Off-street parking requirements shall conform to Article IV.
H. 
Sign Requirements. All residential signage shall comply with Article V.

Section 400.200 "R-4" Multiple-Family High-Density Residential District.

[Ord. No. 1161 §1, 11-18-2013]
A. 
Purpose. This district is intended to provide for high-density multiple-family residential development. It is primarily for apartments, but allows for all types of residential usage.
B. 
Permitted Uses. The listing of permitted uses is set out in the Land Use Table, which is included as an attachment to this chapter.
C. 
Conditional Uses. The Board of Aldermen may authorize conditional use permits for uses listed as conditional uses in the Land Use Table, which is included as an attachment to this chapter, pursuant to Section 400.640 of this Chapter and subject to such other restrictions and conditions as deemed necessary.
D. 
Bulk Requirements.
"R-4" Multiple-Family High-Density Residential District Bulk Regulations
Minimum lot area
7,500 square feet and at least 1,500 square feet per family
Minimum lot width
60 feet
Yard/setback
Front
25 feet
Side
10 feet
Rear
25 feet or 25% of the lot depth, whichever is less
Minimum floor area
Two-family: 1,000 square feet per dwelling unit, excluding basements, porches and garages
Multiple-family: 800 square feet per dwelling unit, excluding basements, porches and garages
Maximum height
45 feet
E. 
Access To Buildings In An Apartment Complex. In apartment complexes there shall be a minimum distance between all buildings of twelve (12) feet. An access driveway for ingress and egress with a permanent dust-free paved surface shall be provided for all apartment complexes. Such driveway shall be a minimum of sixteen (16) feet wide. No parking shall be allowed in the driveway. The driveway and all buildings shall be located in such a manner as to provide access to all buildings by emergency vehicles.
F. 
Supplemental Regulations. All development shall comply with the supplemental regulations provided in Article III of this Chapter.
G. 
Off-Street Parking And Loading Requirements. Off-street parking requirements shall conform to Article IV.
H. 
Sign Requirements. All residential signage shall comply with Article V.

Section 400.210 "R-5" Planned Residential/Business District.

[Ord. No. 1161 §1, 11-18-2013]
A. 
Purpose. The "R-5" Planned Residential/Business District, by utilization of the site development plan approval procedure as set forth in Section 400.630 of this Chapter is intended to guide and control private development and redevelopment of the Planned Residential and Business Districts of the City of Owensville in coordination with related residential, office, commercial and business developments. Specifically, the "R-5" Planned Residential/Business District is intended to:
1. 
Assure conformance of residential, commercial and business developments to an approved and adopted development plan submitted pursuant to the site development plan approval procedure set forth in Section 400.630 herein;
2. 
Encourage site consolidation and an orderly, phased pattern of redevelopment;
3. 
Accommodate the use of existing residential structures for office, commercial and business development and provide for redevelopment and/or new development of office, commercial and business sites, and in conformance with the site development plan approval procedure set forth in Section 400.630 of this Chapter;
4. 
Mandate high-quality future development through the use of the site development plan approval procedure set forth in Section 400.630 herein which affords specific consideration to access, parking, drainage, landscaping and design factors.
B. 
Permitted Uses. The listing of permitted uses is set out in the Land Use Table, which is included as an attachment to this chapter.
C. 
Conditional Uses. The Board of Aldermen may authorize conditional use permits for uses listed as conditional uses in the Land Use Table, which is included as an attachment to this chapter, pursuant to Section 400.640 of this Chapter and subject to such other restrictions and conditions as deemed necessary.
D. 
Bulk Requirements.
[Ord. No. 1233 § 4, 12-5-2016]
"R-5" Planned Residential/Business District Bulk Regulations
Minimum lot area
As determined by the Board
Minimum lot width
As determined by the Board
Yard/setback
Front
30 feet
Side
12 feet
Rear
25 feet
Maximum height
2 stories or 25 feet
Minimum floor area
As determined by the Board
E. 
Site Development Plan Approval Required. Site development plan approval by the Commission shall be required for all proposed developments or subdivisions within the "R-5" Planned Residential/Business District, as provided in Section 400.630.
F. 
General Character Of Proposed Structure. No new structure shall be built which in appearance does not conform to the general character of a neighborhood residential setting. This will apply to structures which are built and lie either partially or wholly in the "R-5" Planned Residential/Business District.
G. 
Sign Requirements. All signage shall comply with Article V.
H. 
Supplemental Regulations. All development shall comply with the supplemental regulations provided in Article III of this Chapter.
I. 
Off-Street Parking And Loading Requirements. Off-street parking requirements shall conform to Article IV.

Section 400.220 "OT" Old Town District Regulations.

[Ord. No. 1161 §1, 11-18-2013]
A. 
Purpose. All parcels zoned "OTR" Old Town Residential shall take on the "Old Town District" zoning designation and be subject to the "OT" District regulations herein. The purpose of the Old Town District is to allow uses in the downtown that include residential dwellings, retail stores, commercial services and other businesses, and to maintain the appeal of the historic and traditional aspects of downtown Owensville. The regulations contained in this Section are the district regulations for the "OT" Old Town District. These regulations are supplemented and qualified by additional general regulations contained elsewhere in this Title and made a part of this Section by reference.
B. 
Location. The "OT" District shall be as established in the area designated "Downtown" on the Future Land Use Map in the City's 2013 Comprehensive Plan.
C. 
Permitted Uses. The listing of permitted uses is set out in the Land Use Table, which is included as an attachment to this chapter.
D. 
Conditional Uses. The Board of Aldermen may authorize conditional use permits for uses listed as conditional uses in the Land Use Table, which is included as an attachment to this chapter, pursuant to Section 400.640 of this Chapter and subject to such other restrictions and conditions as deemed necessary.
E. 
Bulk Requirements.
"OT" Old Town District Regulations
Minimum lot area
7,500 square feet, except where a lot has less area than herein required, and was of record on the date of this Chapter, that lot may be used for any use permitted in this Section
Minimum lot width
60 feet
Yard/setback
Front
Residential structure: 10 feet
Commercial structure: 0 feet
Side
Residential structure: 5 feet
Commercial structure: 0 feet
Rear
Residential structure: 5 feet
Commercial structure: 0 feet
Maximum height
No more than 3 stories, up to a maximum height of 50 feet, measured from the front door threshold
F. 
Supplemental Regulations. All development shall comply with the supplemental regulations provided in Article III of this Chapter.
G. 
Off-Street Parking And Loading Requirements. Off-street parking requirements shall conform to Article IV.
H. 
Sign Requirements. All signs shall comply with Article V.
I. 
Storefronts. Structures containing a storefront shall not be used as a dwelling or as part of a dwelling. The storefront shall consist of a minimum of thirty (30) linear feet measured from the outward surface of the foundation of the subject structure. Otherwise, structures in the downtown may be used as a dwelling, consistent with the Land Use Table, which is included as an attachment to this chapter.
J. 
General Character Of Proposed Structure. The architectural style, color and texture of the building materials, the location and adequacy of vehicular access and the location and treatment of parking areas and landscaping shall be reviewed and approved by the Board of Aldermen.
K. 
Violation of this Section by a resident, owner, lessor, sublessor, lessee, landlord or tenant shall be punishable by a fine of not less than fifty dollars ($50.00) and not more than five hundred dollars ($500.00). Each calendar day may and shall be considered a separate and distinct violation of this Section.

Section 400.230 "OTC" Old Town Commercial District Regulations.

[Ord. No. 1161 §1, 11-18-2013]
A. 
Purpose. As of the adoption of this Chapter, the "OTC" Old Town Commercial District is no longer a zoning district available for zoning classification of properties in the City other than such properties already zoned "OTC" Old Town Commercial District as of the date of adoption of this Code. All preexisting "OTC" property shall, until or unless hereinafter rezoned, continue to be subject to the requirements of the "OTC" District regulations. After the effective date of this Code, no additional land shall be rezoned to the "OTC" District. Any proposed subdivisions, including lot splits, change of use, new construction or other alterations not permitted under the "OTC" District regulations shall require rezoning to an applicable zoning district. Use of property maintaining the "OTC" preexisting zoning shall be subject to all other regulations of this Code.
B. 
Permitted Uses. The listing of permitted uses is set out in the Land Use Table, which is included as an attachment to this chapter.
C. 
Conditional Uses. The Board of Aldermen may authorize conditional use permits for uses listed as conditional uses in the Land Use Table, which is included as an attachment to this chapter, pursuant to Section 400.640 of this Chapter and subject to such other restrictions and conditions as deemed necessary.
D. 
Bulk Requirements.
"OTC" Old Town Commercial District Regulations
Minimum lot area
7,500 square feet, except where a lot has less area than herein required, and was of record on the date of this Chapter, that lot may be used only for single-family dwelling purposes or for any of the other non-dwelling uses permitted in this Section
Minimum lot width
None required
Yard/setback
Front
None required
Side
None required
Rear
None required
Maximum height
2.5 stories or 40 feet
E. 
Supplemental Regulations. All development shall comply with the supplemental regulations provided in Article III of this Chapter.
F. 
Off-Street Parking And Loading Requirements. Off-street parking requirements shall conform to Article IV.
G. 
Sign Requirements. All signs shall comply with Article V.
H. 
General Character Of Proposed Structure. The architectural style, color and texture of the building materials, the location and adequacy of vehicular access and the location and treatment of parking areas and landscaping shall be reviewed and approved by the Board of Aldermen.
I. 
Storefronts. Structures containing a storefront shall not be used as a dwelling or as part of a dwelling. The storefront shall consist of a minimum of thirty (30) linear feet measured from the outward surface of the foundation of the subject structure. Otherwise, structures in the downtown may be used as a dwelling, consistent with the Land Use Table, which is included as an attachment to this chapter.
J. 
Violation of this Section by a resident, owner, lessor, sublessor, lessee, landlord or tenant shall be punishable by a fine of not less than fifty dollars ($50.00) and not more than five hundred dollars ($500.00). Each calendar day may and shall be considered a separate and distinct violation of this Section.

Section 400.240 "MH" Mobile Home Park District Regulations.

[Ord. No. 1161 §1, 11-18-2013]
A. 
Purpose. The purpose of this district is to provide for the development of mobile home developments and to:
1. 
Bring about mobile home developments which are an asset to the community and to prevent the development of those which would be a detriment to the community.
2. 
To promote mobile home developments with the character of residential neighborhoods.
3. 
To protect the health, safety, and welfare of mobile home residents and the surrounding community.
4. 
To harmonize this type of residential development with other existing and proposed land uses.
5. 
To assure adequate service by essential public facilities and services such as roads, police, water and sewers, drainage structures; or that the persons or agencies responsible for the management of the mobile home development shall be able to provide adequately such services; further, that the establishment of any mobile home development shall not equal excessive expense for public facilities and services.
B. 
Permitted Uses. The listing of permitted uses is set out in the Land Use Table, which is included as an attachment to this chapter.
C. 
Conditional Uses. The Board of Aldermen may authorize conditional use permits for uses listed as conditional uses in the Land Use Table, which is included as an attachment to this chapter, pursuant to Section 400.640 of this Chapter and subject to such other restrictions and conditions as deemed necessary.
D. 
Bulk Requirements.
"MH" Mobile Home Park District Regulations
Minimum district area
10 acres
Minimum lot area
Every lot or parcel of land occupied by a mobile home shall contain not less than 8,000 square feet.
Yard/setback
Front
30 feet. There shall be 8 feet between any mobile home and any sidewalk or local drive within such development (park).
Side
30 feet. There shall be 8 feet between any mobile home and any sidewalk or local drive within such development (park).
Rear
30 feet. There shall be 8 feet between any mobile home and any sidewalk or local drive within such development (park).
E. 
General Requirements. All development shall comply with the supplemental regulations provided in Article III of this Chapter, including the following.
1. 
Building permit. Any structure erected or expanded within a mobile home development, including any structures to be erected or expanded on any mobile home site therein, shall require a building permit to be issued therefor by the City Code Enforcement Officer, and shall meet all regulations of this Chapter and the Building Code.
2. 
Application of regulations. A mobile home unit shall not be permitted to occupy a site either initially when brought into a development or upon addition or replacement which violates the yard requirements, area requirements, or minimum distances between units except in non-conforming mobile home parks within this district.
3. 
Periodic inspection. The Public Works Commissioner or any other agents authorized by the City are hereby granted the power and authority to enter upon the premises of any such development at any time for the purpose of determining and/or enforcing any provision or provisions of this or any other City ordinance applicable to the conduct and operation of mobile home developments.
4. 
Site plan review. Site plan review by the Planning and Zoning Commission is required prior to issuance of building permits as required in Section 500.120 of this Code. In those instances where the lots within a mobile home development are to be recorded for sale purposes, the approval of a preliminary plat by the Planning and Zoning Commission shall constitute compliance with this requirement.
F. 
Off-Street Parking. Two (2) off-street parking spaces shall be provided for each dwelling unit. In no case shall the paved area designated for the required off-street parking encroach upon the street right-of-way. (See Article IV for off-street parking and loading requirements).
G. 
Public Sanitary Sewer Required. In no case shall any mobile home development be approved where the development will not be connected to or provided with a public sanitary sewer system.
H. 
Effect Of Regulations. In their interpretation and application, the provisions of this Article shall be considered minimum requirements adopted for the promotion of the public health, safety, and welfare. However, recognizing the pre-manufactured nature of mobile home units, it is recognized that lots exceeding the minimum yard and area requirements of this Chapter may be required to accommodate some units, and that suitable provision shall be made by potential developers of such mobile home developments in their advance planning to provide for such units. Based upon this guideline, the fact that the size of a particular mobile home unit, or class of mobile home units, are such that a violation of any of the minimum yard or area requirements would be created, this in itself shall not be considered an adequate basis for the granting of a variance from such requirements.
I. 
Landscaping Required.
1. 
Transition strip. A transition strip of trees and shrubs not less than twenty (20) feet in depth shall be located and maintained along all boundaries of such developments, excepting at established entrances and exits serving such development. Said transition strip shall be of such density as to totally obscure all visible evidence of the development from adjoining property. In lieu of this transition strip the developer may install a solid fence of plastic materials which shall be a minimum of eight (8) feet in height.
2. 
Landscape plan. An organized landscape plan for the entire development shall be prepared as a separate document and submitted to the Planning and Zoning Commission during the required site plan review for their review and approval. The Commission may either approve, approve with specific revisions or corrections or reject the submitted landscape plan.
3. 
Landscape maintenance. Any and all plantings in the development shall be hardy plant materials and maintained thereafter in a neat and orderly manner. Withered and/or dead plant material shall be replaced within a reasonable period of time but no longer than one (1) growing season, as reflected upon the approved landscape plan.
4. 
Orientation of mobile homes upon lots. All mobile homes within mobile home developments regulated by the requirements of this Chapter shall be placed upon their individual lots in such a fashion that the long axis of the mobile home shall face the principal street frontage upon which the lot itself faces. In the case of corner lots, the mobile home may face either street frontage. In the case of double-frontage lots, access shall be restricted to minor streets and not permitted upon collector or arterial streets.
J. 
Public Improvements.
1. 
Sanitary sewerage and water facilities. Sanitary sewerage and water facilities shall be of such capacity as to serve all users of the development at peak periods. All lines shall be suitably sized and stubbed out to the mobile home locations to provide for future extension of the City's sanitary sewerage and water systems for the respective areas remaining to be served. Water meters shall be provided at each mobile home location.
2. 
Storm drainage facilities. Storm drainage facilities shall be so constructed as to protect those that will reside in the mobile home development, as well as the property owners adjacent to the development. Such facilities shall be of such capacity to insure rapid and safe drainage of stormwater and prevent the accumulation of stagnant pools of water in or adjacent to the development. Where topographical conditions warrant same, detention ponds shall be installed.
3. 
Streets and driveways. All roads, driveways and motor vehicle parking spaces shall be paved and constructed as to handle all anticipated peak loads, and adequately drained and lighted for safety and ease of movement of pedestrians and vehicles. All roads and driveways shall have curbs and gutters and must conform to all specifications given in the Subdivision and Land Development Ordinance (see Chapter 405 as to Subdivision Regulations).
4. 
Sidewalks. Sidewalks not less than four (4) feet in width shall be required on both sides of all arterial and collector streets and on one (1) side of all minor streets and culs-de-sac.
5. 
Electrical. All electrical wiring must be underground and in conduit.
6. 
Construction plans required. All improvements, whether public or private, must conform to all standards and specifications of the City. Engineering drawings of all such improvements shall be submitted to, and reviewed, and approved by the City prior to the authorization to proceed with the construction of said improvements.
K. 
Mobile Home Set-Up Requirements.
1. 
Mobile home stands. Each mobile home shall be provided with a stand consisting of either a solid concrete pad not less than six (6) inches thick and not less than the length and width of the mobile home that will use the site, or piers of fourteen (14) inches in diameter, thirty (30) inches deep, and placed on six-foot centers. The stand shall be so constructed, graded, placed and maintained to be durable and adequate for the support of the maximum anticipated load during all seasons.
2. 
Blocks and tie-downs. Each mobile home shall be supported on uniform jacks or locks and tied down as required by State law.
3. 
Skirting. Uniform skirting of each mobile home base shall be required, within thirty (30) days after initial placement. Such skirting shall be of twenty-six-gauge solid sheet metal, aluminum or other non-corrosive metal or material of equal strength and so constructed and attached to the mobile home so as to deter and prevent entry of rodents and insects. Storage of goods and articles underneath any mobile home or out-of-doors at any mobile home site shall be prohibited.
4. 
Underground lines. All electric, telephone, and other lines from supply lines outside the park or other sources to each mobile home site shall be underground and in conduit.
5. 
Sanitary sewer and water connections. All water and sanitary sewerage facilities, including the connection to all mobile home sites, shall be constructed so that all facilities and lines are protected from freezing, from bumping, or from creating any type of nuisance or health hazard. Such connections shall not exceed ten (10) feet in length above ground.
L. 
Non-Conforming Mobile Home Parks. Where, on the date of adoption or amendment of this Chapter, a lawful mobile home park existed that is no longer permissible under the provisions of this Chapter, such mobile home park may continue so long as it remains otherwise lawful, subject to the following provisions.
1. 
Violations not validated. A non-conforming mobile home park in violation of a provision of the ordinance which this repeals[1] shall not be validated by the adoption of this Chapter.
[1]
Editor's Note: Section 1 of Ord. No. 1161, adopted 11-18-2013, repealed former Ch. 400, Zoning Regulations, as adopted and amended by Ord. No. 591, §1 — 5, 3-16-1998; Ord. No. 605, 7-6-1998; Ord. No. 641, 7-6-1999; Ord. No. 648 §1 — 3, 9-7-1999; Ord. No. 649, 9-7-1999; Ord. No. 707, 7-2-2001; Ord. No. 831, 2-7-2005; Ord. No. 832, 2-7-2005; Ord. No. 835, 3-21-2005; Ord. No. 879, 4-3-2006; Ord. No. 931, 10-16-2006; Ord. No. 944, 2-20-2007; Ord. No. 953, 5-21-2007; Ord. No. 962 § 1 — 2, 8-20-2007; Ord. No. 980, 4-21-2008; Ord. No. 982, 6-2-2008; Ord. No. 1076 §1 — 2, 12-10-2010; Ord. No. 1129, 9-4-2012.
2. 
Enlargement. No such non-conforming mobile home park shall be enlarged, expanded or extended to occupy a greater area of land than was occupied on the date of adoption or amendment of this Chapter, and no additional accessory use, building, or structure shall be established thereon unless in complete compliance with the requirements of this Chapter. Nor shall the mobile homes within the existing site be rearranged to increase their number or density within the existing confines of the park.
3. 
Relocation. No such non-conforming mobile home park shall be moved in whole or in part to any other portion of such parcel or lot not so occupied on the date of adoption of this Chapter or to a parcel or lot not in conformance with this Chapter.
4. 
Destruction. Should any such non-conforming mobile home park be destroyed by any means to an extent of fifty percent (50%) or more of its replacement, it shall not be reconstructed except in conformity with the requirements of this Chapter.
5. 
Discontinuance. If such non-conforming mobile home park ceases for any reason for a period of more than ninety (90) consecutive days (except where Government action causes such cessation) the subsequent use of such parcel or lot shall conform to the regulations and provisions set by this Chapter for the district in which such parcel or lot is located.
6. 
Ownership. All non-conforming mobile home parks shall be and shall remain in one (1) ownership and primarily designed for the purpose of renting spaces for the placement of mobile home dwelling units. In no instance shall a non-conforming mobile home park be sold as lots for permanent mobile home residence.
7. 
Registry. Each non-conforming mobile home park shall maintain an up-to-date registry of each mobile home unit and site, showing the length, width, and area of the site. The registry shall be open to inspection by the Code Enforcement Officer.
8. 
Limitation on permitted uses. Within all non-conforming mobile home parks, the permitted uses of such park shall be limited to the following:
a. 
Mobile homes.
b. 
Accessory buildings or structures, under park management supervision shall be used only as office space, storage, laundry facilities, recreation facilities, garage storage or other necessary service for park resident use only. No accessory building or structure shall exceed twenty-five (25) feet in height, nor two (2) stories; and shall meet the requirements of the City of Owensville Building Code.
c. 
Signs as regulated by Chapter 403 of this Code.
9. 
Minimum distance. Within all non-conforming mobile home parks, the minimum distances maintained between mobile homes shall be in conformity with the requirements of the adopted City Building and Fire Codes, applicable State laws, or a development plan previously approved by the City of Owensville, whichever standard being the more restrictive.
10. 
Park maintenance. Park owners and management are required to maintain the physical and natural facilities and features of the park in a neat, orderly, and safe condition.
11. 
Parking. No parking area or parking space which exists at the time this Chapter becomes effective or which subsequent thereto is provided for the purpose of complying with the provisions of this Chapter shall thereafter be relinquished or reduced in any manner.
12. 
Existence of a non-conformity. In cases of doubt, and on specific questions raised concerning whether a mobile home park has non-conforming status, or if an element of such park has non-conforming status, it shall be treated as a question of fact and shall be decided by the Mayor and Board of Aldermen upon receipt of a report and recommendation on the matter from the Planning and Zoning Commission.

Section 400.250 "C-1" Commercial District Regulations.

[Ord. No. 1161 §1, 11-18-2013]
A. 
Purpose. These areas are intended to provide neighborhood services to the residents of their immediate areas. These commercial services are not intended to disrupt the general character of the surrounding residential areas. It is intended that these areas be developed with appropriate landscaping and screening materials. Properties being used for residential purposes at the time of the adoption of this Code shall be permitted to continue being used for residential purposes pursuant to the requirements of this Code and to the extent permitted by law.
B. 
Permitted Uses. The listing of permitted uses is set out in the Land Use Table, which is included as an attachment to this chapter.
C. 
Conditional Uses. The Board of Aldermen may authorize conditional use permits for uses listed as conditional uses in the Land Use Table, which is included as an attachment to this chapter, pursuant to Section 400.640 of this Chapter and subject to such other restrictions and conditions as deemed necessary.
D. 
Bulk Requirements.
"C-1" Commercial District Regulations
Minimum lot area
10,000 square feet
Minimum lot width
75 feet; 50 feet for existing residential lots or lots being used for residential purposes prior to the adoption of this Code
Yard/setback
Front
25 feet
Side
10 feet
Rear
None, unless adjacent to a residential district, a twenty-five-foot side yard is required
Minimum floor area
1,000 square feet for commercial structures. Residential dwellings shall comply with the minimum floor area as required in the R-3 District.
Maximum height
2 stories or 35 feet
E. 
Supplemental Regulations. All development shall comply with the supplemental regulations provided in Article III of this Chapter.
F. 
Off-Street Parking And Loading Requirements. Off-street parking requirements shall conform to Article IV.
G. 
Sign Requirements. All signs shall comply with Article V.

Section 400.260 "C-2" Highway Commercial District Regulations.

[Ord. No. 1161 §1, 11-18-2013]
A. 
Purpose. These areas are intended to provide service to the community and the traveling public. These uses usually require more space for display and parking and are located on major transportation routes. It is intended that these areas be developed with appropriate landscaping and screening materials. Properties being used for residential purposes at the time of the adoption of this Code shall be permitted to continue being used for residential purposes pursuant to the requirements of this Code and to the extent permitted by law.
B. 
Permitted Uses. The listing of permitted uses is set out in the Land Use Table, which is included as an attachment to this chapter.
C. 
Conditional Uses. The Board of Aldermen may authorize conditional use permits for uses listed as conditional uses in the Land Use Table, which is included as an attachment to this chapter, pursuant to Section 400.640 of this Chapter and subject to such other restrictions and conditions as deemed necessary.
D. 
Bulk Requirements.
"C-2" Highway Commercial District Regulations
Minimum lot area
10,000 square feet
Minimum lot width
75 feet
Yard/setback
Front
25 feet
Side
None, unless adjacent to a residential district or being used for residential purposes, a fifteen-foot side yard is required
Rear
None, unless adjacent to a residential district, a twenty-five-foot side yard is required
Maximum height
3 stories or 35 feet
E. 
Supplemental Regulations. All development shall comply with the supplemental regulations and performance standards provided in this Chapter.
F. 
Off-Street Parking And Loading Requirements. Off-street parking requirements shall conform to Article IV.
G. 
Sign Requirements. All signs shall comply with Article V.

Section 400.270 "M-1" Light Industrial District Regulations.

[Ord. No. 1161 §1, 11-18-2013]
A. 
Purpose. The regulations set forth in this Section or set forth elsewhere in this Chapter when referred to in this Section are the regulations in the "M-1" Light Industrial District.
B. 
Permitted Uses. The listing of permitted uses is set out in the Land Use Table, which is included as an attachment to this chapter.
C. 
Conditional Uses. The Board of Aldermen may authorize conditional use permits for uses listed as conditional uses in the Land Use Table, which is included as an attachment to this chapter, pursuant to Section 400.640 of this Chapter and subject to such other restrictions and conditions as deemed necessary.
D. 
Bulk Requirements.
"M-1" Light Industrial District Regulations
Minimum lot area
10,000 square feet
Minimum lot width
50 feet
Yard/setback
Front
30 feet
Side
None, unless adjacent to a residential district, a thirty-foot side yard is required
Rear
None, unless adjacent to a residential district, a thirty-foot side yard is required
Maximum height
3 stories or 35 feet
E. 
Supplemental Regulations. All development shall comply with the applicable supplemental regulations in Article III, performance standards in Article VI and the following:
1. 
Filling station pumps and pump islands may occupy the required yards; provided, however, that they are not less than fifteen (15) feet from property lines, and not less than fifty (50) feet from the boundary of any residential district.
2. 
Open storage. No material or supplies shall be stored or permitted to remain on any part of the property outside the buildings constructed thereon, unless such materials are stored behind the front building line, and the area in which they are stored is screened from the street view, and approved in writing by the Code Enforcement Officer. Propane, fuel oil and liquid fertilizer storage shall be in compliance with all Federal, State and local laws, rules and regulations. Bulk storage of any other liquid, including gasoline or petroleum products on the outside of buildings, shall not be permitted.
F. 
Off-Street Parking And Loading Requirements. Off-street parking requirements shall conform to Article IV.
G. 
Sign Requirements. All signs shall comply with Article V.

Section 400.280 "M-2" Industrial District Regulations.

[Ord. No. 1161 §1, 11-18-2013]
A. 
Purpose. The regulations set forth in this Section or set forth elsewhere in this Chapter when referred to in this Section are the regulations in the "M-2" Industrial District.
B. 
Permitted Uses. The listing of permitted uses is set out in the Land Use Table, which is included as an attachment to this chapter.
C. 
Conditional Uses. The Board of Aldermen may authorize conditional use permits for uses listed as conditional uses in the Land Use Table, which is included as an attachment to this chapter, pursuant to Section 400.640 of this Chapter and subject to such other restrictions and conditions as deemed necessary.
D. 
Bulk Requirements.
"M-2" Industrial District Regulations
Minimum lot area
20,000 square feet
Minimum lot width
100 feet
Yard/setback
Front
30 feet
Side
None, unless adjacent to a residential district, a thirty-foot side yard is required
Rear
None, unless adjacent to a residential district, a thirty-foot side yard is required
Maximum height
3 stories or 35 feet
E. 
Supplemental Regulations.
1. 
Filling station pumps and pump islands may occupy the required yards; provided, however, that they are not less than fifteen (15) feet from property lines, and not less than fifty (50) feet from the boundary of any residential district.
2. 
Open storage. Open storage shall be permitted in the "M-2" Industrial District.
F. 
Off-Street Parking And Loading Requirements. Off-street parking requirements shall conform to Article IV.
G. 
Sign Requirements. All signs shall comply with Article V.