City of Owensville, MO
Gasconade County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents

Section 400.290 Non-Conforming Uses.

[Ord. No. 1161 §1, 11-18-2013]
A. 
Non-Conformity.
1. 
A non-conforming lot, land use or structure is one which existed lawfully on the effective date of this Chapter or any amendment thereto and which fails to conform to one (1) or more of the applicable regulations of this Chapter or any amendment thereto. A non-conformity shall not be deemed to have existed on the date this Chapter or any amendment thereto becomes effective, unless:
a. 
It has been consistently in use after such effective date at the same level or intensity as of the date of adoption or amendment of this Chapter; and
b. 
If such non-conformity is a use, such use has not been expanded or abandoned as hereinafter defined.
2. 
Such non-conformities may be incompatible with and detrimental to permitted land uses and structures in the zoning districts in which they are situated, they inhibit present and future development of nearby properties, and they confer upon their owners and users a position of unfair advantage.
B. 
Statement Of Intent. Non-conformities are not to be expanded, and they should be abolished or reduced to conformity as quickly as the fair interest to the parties will permit.
C. 
General Provisions.
1. 
An existing non-conforming land use or structure shall not cause further departures from the Zoning Ordinance. Although an existing non-conformity may be continued, except as hereinafter limited, it may not be changed to another use, unless said use is permitted in the district in which it is situated and provided it complies with the requirements of that district.
2. 
The existence of any present non-conformity anywhere in the City shall not itself be considered grounds for the issuance of a variance for other property.
3. 
Expansion. A non-conforming use of land shall not be enlarged, extended, or altered and a structure or part thereof devoted to a non-conforming use shall not be enlarged, extended, constructed, reconstructed, or structurally altered except:
a. 
As may be required by law;
b. 
In changing the use to one which is permitted in the district in which such use is situated; or
c. 
To the extent hereinafter permitted.
4. 
Density. The number of dwelling units in a non-conforming residential structure shall not be increased after said structure has become a non-conforming use.
5. 
Ordinary repair and maintenance. Nothing in this Chapter shall be deemed to prohibit the restoration of any structure and its use where such structure has been destroyed by any means out of the control of the owner to an extent less than sixty percent (60%) of its replacement value (excluding the value of the land, the cost of preparation of land, and the value of any foundation adaptable to a conforming use) at the time of destruction; provided, however, that the restoration of such structure and its use in no way increases any former non-conformity and provided that the restoration of such structure is begun within six (6) months of such destruction and diligently prosecuted to completion within one (1) year following such destruction.
6. 
Substantial repair and maintenance. If a structure is destroyed by any means out of the control of the owner to an extent of more than sixty percent (60%) of its replacement value (excluding the value of the land, the cost of preparation of land, and the value of any foundation adaptable to a conforming use) at the time of destruction, as determined by the Public Works Commissioner, the structure shall not be restored except in full conformity with all the regulations of the district in which such structure is situated. When a structure is determined to violate one (1) or more code provisions by the proper Administrative Official of Owensville under any applicable ordinance of the City and the cost of placing the structure in condition to satisfy the standards under such ordinance shall exceed sixty percent (60%) of the reconstruction cost of the entire structure, such non-conforming structure shall not be restored for the purpose of continuing a non-conforming use. However, none of the restrictions contained in this Section shall limit the authority of the Board of Adjustment to grant relief for reconstruction of a non-conforming structure as provided in Section 400.620 of this Chapter.
7. 
An exception to Subsection (C)(6) above shall be allowed for residential structures within "C-2" Commercial Zoning Districts to be rebuilt or repaired. Such construction shall be commenced within one hundred twenty (120) days of the damaging event. A property owner may make one (1) application for extension to the Board of Aldermen if exigent circumstances exist which prevent the construction or repairs to said residence within the "C-2" Zoning District.
8. 
Moving. A non-conforming use of land shall not be moved to another part of a lot or outside the lot, and a non-conforming use of a structure shall not be moved to any part of the structure not manifestly arranged and designated for such use at the time the use became non-conforming.
9. 
Change in use. Where any change is proposed to be made to a use that is permitted by conditional use permit in the district it is located, such change shall be made only through a conditional use permit granted pursuant to the procedure delineated by Section 400.640 of this Chapter.
D. 
Abandonment Of Non-Conforming Uses.
1. 
Any non-conforming use which has been abandoned, as defined below, shall not thereafter be reestablished. Any structure and/or land which was formerly devoted to a non-conforming use which has been abandoned shall not again be devoted to any use other than those uses which are permitted in the district in which the structure and/or land is situated.
2. 
The term "abandonment," as used herein, shall mean the voluntary discontinuance of a use when accompanied by intent not to reestablish such use. Any one (1) of the following shall constitute prima facie evidence of intent to abandon:
a. 
Any positive act indicating such intent;
b. 
Any conscious failure to take all necessary steps to resume the non-conforming use with reasonable dispatch in the circumstances, including advertising of the property for sale or for lease;
c. 
In the event that the non-conforming use of a building or premises is discontinued for a period of one hundred eighty (180) days or more, such building or premises shall thereafter be used only in conformity with the regulations of the district in which it is located.

Section 400.300 Accessory Buildings, Structures And Uses.

[Ord. No. 1161 §1, 11-18-2013]
A. 
This Section sets forth regulations regarding certain uses, buildings and structures that are accessory to the principal use of the premises so that they may be carried on with the principal use. An activity will be considered an accessory use or accessory structure when it is commonly associated with, integrally related to and is customarily an incidental part of the main use of the property.
1. 
Authorization. Accessory buildings, structures and uses may be permitted in accordance with this Article in any zoning district in connection with a use which is permitted within such district.
2. 
Development standards: residential uses.
a. 
Accessory buildings and structures in any residential district shall be located ten (10) feet from any side or rear lot line and behind the residential structure it serves. No accessory use shall be located within or project beyond the required front yard line, unless otherwise permitted in this Code.
b. 
Accessory buildings and structures in any residential district shall not occupy more than thirty percent (30%) of the required rear yard.
c. 
No part of any accessory building or structure shall be located closer than ten (10) feet to any principal building or structure or other accessory building or structure. When an accessory building is attached to the principal building by a breezeway, passageway, or similar means, it shall comply with the yard requirements of the principal building to which it is an accessory use.
d. 
No accessory building or structure in any residential district shall exceed two (2) stories or twenty-five (25) feet in height. There shall be not more than two (2) one-story accessory buildings per lot in any residential district.
e. 
In addition to uses customarily associated with single-family residential dwellings, the following additional accessory uses may be permitted in the "R-R" Rural Residential District:
(1) 
Public parks, playgrounds, community centers and recreation buildings.
(2) 
Keeping of non-commercial pets, limited to a maximum of three (3) outdoor weaned dogs and/or cats.
(3) 
Keeping of the following additional non-commercial animals and associated limits:
(a) 
Equine: One (1) per two (2) fenced acres. (Five-acre lot minimum to qualify.)
(b) 
Bovine: One (1) per two (2) fenced acres. (Five-acre lot minimum to qualify.)
(c) 
Rabbits: Ten (10) weaned maximum, contained.
f. 
Television, radio and other communication antennas of any type shall only be located on the ground in the rear yard or, if a type mounted on a mast or pole, only on the rear of the building or within ten (10) feet of the rear of the building. Such antenna shall not project more than three (3) feet above the highest point of the roof of the building.
g. 
All outside woodburning stoves must be located not less than ten (10) feet from the nearest property line and shall have a chimney or stack of not less than fifteen (15) feet in height from top of stove.
h. 
Storage of recreational equipment such as boats, boat trailers, camping trailers, converted buses or trucks shall be limited to private garages, side or rear yards of private homes. Stored vehicles or equipment shall be registered and/or licensed pursuant to local and State laws. Recreational vehicles or equipment shall not be stored within required off-street parking spaces, encroach onto public property or obstruct any sidewalks, nor be more than eight (8) feet wide and twenty-five (25) feet long. No recreational vehicle shall be used for living or sleeping purposes while stored on the premises.
i. 
Residential accessory structures shall not be rented or occupied for financial consideration.
j. 
Playhouses, patios, cabanas, porches, gazebos and incidental storage buildings in a residential district shall not cover more than five percent (5%) of the total lot area.
k. 
Home occupations shall be permitted pursuant to Section 400.310.
l. 
Equipment related to the collection or storage of solar or wind energy that are mounted to a principal structure shall be considered an accessory use in all residential districts permitted via conditional use permit pursuant to the procedures and requirements of Section 400.640.
m. 
Accessory structures and uses shall otherwise comply with the development standards applicable to the zoning district in which they are located.
3. 
Development standards: non-residential uses.
a. 
No building or structure accessory to any non-residential use shall occupy in the aggregate more than forty percent (40%) of the total lot area or more than forty percent (40%) of the primary use's floor area.
b. 
No part of any accessory building or structure shall be located closer than ten (10) feet to any principal building or structure or other accessory building or structure. When an accessory building is attached to the principal building by a breezeway, passageway, or similar means, it shall comply with the yard requirements of the principal building to which it is an accessory use.
c. 
No accessory building or structure in any non-residential district shall exceed twenty (20) feet in height.
d. 
Non-residential accessory structures shall be used only by the owner or tenant of the premises or the owner's or tenants' employees.
e. 
Equipment related to the collection or storage of solar or wind energy that are mounted to a principal structure shall be considered a permitted accessory use in all non-residential districts requiring approval of the Administrative Official and a valid building permit.
f. 
Accessory structures and uses shall otherwise comply with the development standards applicable to the zoning district in which they are located.
4. 
Time of construction. No accessory building or structure shall be constructed or located on any lot prior to construction of the principal building to which it is accessory.
5. 
Temporary accessory buildings. Temporary accessory buildings, including temporary storage structures which are to be used for storage purposes only, may be erected upon a lot prior to the construction of the main building and shall be removed upon the completion of the construction or upon abandonment of the construction.
6. 
Review and appeals. All accessory buildings and structures shall be approved by the Administrative Official and require a building permit, unless said permit is waived by the Administrative Official. Appeals from any decision of the Administrative Official shall be heard by the Board of Adjustment.

Section 400.310 Home Occupations.

[Ord. No. 1161 §1, 11-18-2013]
A. 
Authorization. A home occupation that is an accessory use to a single-family residence shall be permitted in all single-family residential districts.
B. 
Purpose. Home occupations shall be regulated so as to:
1. 
Ensure the compatibility of home occupations with all uses permitted in the "R-R," "R-1," "R-1A," and "R-2" Districts.
2. 
Promote the health, safety and general welfare of residential neighborhoods by preventing excessive noise, traffic, nuisances, fire hazards and other adverse effects of unregulated home occupations.
3. 
Establish standards for occupations in residential units.
C. 
Use Limitations. No home occupation shall be allowed where a likelihood exists that it will negatively impact, interfere or conflict with the character, peace, good order and safety of the neighborhood in which it is located. In addition, to any other use limitations applicable to the district in which the home occupation is located, no home occupation shall be permitted unless it complies with the following provisions:
1. 
A home occupation shall be entirely contained within a residence, and no more than twenty-five percent (25%) of the combined finished floor area shall be utilized for a home occupation. A home occupation shall not be conducted in an accessory structure or building.
2. 
Home occupations shall comply with all local, County, State and Federal regulations and the requirements of this Section.
3. 
A home occupation shall be conducted only by persons lawfully residing within the residence.
4. 
No visible evidence of the business shall be apparent from the street or the surrounding area nor shall any alteration of the exterior of the principal residential structure be made which changes the character thereof as a dwelling.
5. 
All materials or equipment used in the home occupation shall be stored within an enclosed structure.
6. 
No parking in the public rights-of-way shall result from the home occupation.
7. 
No equipment or process shall be utilized in a home occupation that creates nuisance due to noise, vibration, glare, fumes, odor, emissions or electrical interference that is detrimental to the health, safety, peace, comfort and general welfare of persons in the City of Owensville.
8. 
Except as otherwise permitted by law, no advertising, identification or business exterior displays or signs associated with a home occupation shall be permitted.
9. 
There shall be no goods, materials or commodities sold or services rendered that require delivery of merchandise, goods, or equipment by other than a passenger motor vehicle or parcel or letter carrier mail service using vehicles typically employed in residential deliveries.
10. 
No traffic shall be generated by the activity of the home occupation that is abnormal to a residential neighborhood.
D. 
Conditional Use Permit. A home occupation that does not comply with these provisions shall not be operated without first being issued a conditional use permit in accordance with the procedures set forth in Section 400.640.

Section 400.320 Fence Regulations.

[Ord. No. 1161 §1, 11-18-2013; Ord. No. 1197 §§ 1 — 2, 12-15-2014]
A. 
General Rules.
1. 
No fence shall be constructed or erected within the public right-of-way of any public street or alley.
2. 
No fence shall be constructed or erected which would restrict the views from normal traffic flow areas or which would present a hazard to the public safety and welfare.
3. 
All fences shall be located entirely upon the property of the owner constructing such fence and may be constructed on the property line, except as provided herein.
4. 
It shall be the responsibility of the property owner to ensure that a fence does not block or obstruct the flow of stormwater.
5. 
Except as otherwise permitted by law, advertisements are prohibited from being affixed to or displayed on any fence.
6. 
Fences charged with, or designed to be charged with, electric current are prohibited.
B. 
General Fence Regulations By Zoning Classification.
1. 
Agricultural Zones.
a. 
Fences shall be composed of masonry, wood, vinyl, chain-link, or ornamental material except as provided herein. Barbed wire, smooth wire, woven wire, and pipe materials may be used to contain livestock at the discretion of the Building Official.
b. 
No fence used for containing livestock shall be constructed within fifteen (15) feet of a public roadway, and it shall be constructed no higher than six (6) feet above the surrounding grade.
2. 
Residential Zones.
a. 
Fences constructed of masonry, vinyl, or wood shall be constructed no higher than six (6) feet above the surrounding grade in the rear yard and side yard. Chain-link fences shall be constructed no higher than four (4) feet above the surrounding grade in the rear yard and side yard.
b. 
All fences erected in the front yard shall be subject to all setback requirements and shall be constructed no higher than four (4) feet above the surrounding grade regardless of material and may not exceed fifty percent (50%) opacity.
c. 
Fences shall be composed of masonry, wood, vinyl, chain-link, or ornamental material except as provided herein.
3. 
Mobile Home Zones.
a. 
No fence shall be constructed on any individual sites of less than eight thousand (8,000) square feet.
b. 
All fences shall be subject to all setback requirements and shall be constructed no higher than four (4) feet above the surrounding grade.
c. 
Fences shall be composed of masonry, wood, vinyl, chain-link, or ornamental material except as provided herein.
4. 
Commercial and Old Town Zones.
a. 
No property or business owner shall erect or maintain a fence between the front building line and the public roadway. On corner lots, no property or business owner shall erect or maintain a fence between the front building line and the public roadway on all sides which front a public roadway.
b. 
Fences surrounding material storage areas are encouraged and shall be constructed no less than six (6) feet above the surrounding grade.
c. 
Fences shall be constructed no higher than eight (8) feet above the surrounding grade.
d. 
Fences shall be composed of masonry, wood, vinyl, chain-link, or ornamental material except as provided herein.
5. 
Industrial Zones.
a. 
No property or business owner shall erect or maintain a fence between the front building line and the public roadway. On corner lots, no property or business owner shall erect or maintain a fence between the front building line and the public roadway on all sides which front a public roadway.
b. 
Fences shall be constructed no higher than eight (8) feet above the surrounding grade.
c. 
Fences shall be composed of masonry, wood, vinyl, chain-link, or ornamental material except as provided herein.
C. 
Permit.
1. 
A fence permit is required prior to the erection or modification of any fence within the City limits. If a permit is not acquired prior to the erection or modification of a fence, an order to cease work or remove the fence, at the owner's expense, may be issued.
2. 
The cost of such permit shall be established by the Flat Rate Fee Schedule found in Section 500.140, and payment shall be accompanied by a sketch or diagram of the proposed fence, a location survey/map, and the type of fence material to be used.
D. 
Maintenance.
1. 
It shall be the responsibility of the property owner to maintain all fences on the property. This may include repairing, painting, rehabilitating, or any other such maintenance as necessary.
2. 
If it is determined that the fence has become a nuisance to the public health, safety, or welfare, it shall be the responsibility of the property owner to remove the fence.
E. 
Manner Of Construction.
1. 
All fences shall be constructed so that horizontal and vertical supports are interior to the lot and are hidden from both neighbors and public view.
2. 
Fences must be straight and run parallel to the lot line(s).
F. 
Special Fences.
1. 
Any special fences which exceed these requirements shall be subject to review and approval by the Building Official and/or the Planning and Zoning Commission. Initial review shall be conducted by the Building Official, and the plans may be presented to the Planning and Zoning Commission for further direction and discussion at his/her discretion.
2. 
Special fences may include those used to enclose buildings, vehicles, or materials, fences used in conjunction with institutions, parks, playgrounds, schools, pools, or other public uses, and other special fences not specifically listed herein.

Section 400.330 Landscape and Screening Requirements.

[Ord. No. 1161 §1, 11-18-2013]
A. 
Transition Buffer: Commercial And Industrial. Except in the City's downtown districts ("OTR," "OTC" and "OT"), when the rear or side yard of a lot being used for business or industrial purposes abuts any residential zone or a lot being used for residential purposes, a twenty-five-foot landscaped buffer area shall be established and maintained along all rear and side property lines in common with the non-residential use or lot. The buffer area shall contain evergreen plant material, as specified by the Code Enforcement Officer or other designated official, with a minimum height of eight (8) feet, planted on six-foot centers. A chain link fence six (6) feet in height with wood privacy slats may be provided and maintained along the rear and side property lines, unless otherwise specified by the Board of Aldermen.
B. 
Transition Buffer: Multifamily. When the rear or side yard of a lot being used for multifamily purposes abuts any residential zone or a lot being used for residential purposes, a twenty-foot landscaped buffer area shall be established and maintained along all rear and side property lines in common with the non-residential use or lot. The buffer area shall contain evergreen plant material, as specified by the Code Enforcement Officer or other designated official, with a minimum height of eight (8) feet, planted on six-foot centers. A chain link fence six (6) feet in height with wood privacy slats may be provided and maintained along the rear and side property lines, unless otherwise specified by the Board of Aldermen.
C. 
Street Trees. In all industrial and commercial districts, except in the downtown, a planting strip of ten (10) feet shall be established and maintained within the required front yard. A minimum ratio of one (1) three-inch-caliper shade tree or three (3) two-inch-caliper grouped ornamentals, as specified by the Code Enforcement Officer, shall be planted within the ten-foot-wide planting strip for each fifty (50) feet of linear front footage. These standards are minimum requirements. Additional understory shrubs or ground cover material is encouraged.

Section 400.340 Supplemental Height and Yard Regulations.

[Ord. No. 1161 §1, 11-18-2013]
A. 
Front Porches. An open, unenclosed, uncovered porch, not to be above the first-floor level or paved terrace, may project into a front yard for a distance not exceeding ten (10) feet, and shall be at least two (2) feet from the adjacent lot line.
B. 
Corner Lots. Where a lot is located at the intersection of two (2) or more streets, there shall be a front yard on each street side of a corner lot, except that the buildable width of such lot shall not be reduced to less than thirty (30) feet. No accessory building shall project beyond the front yard line on either street.
C. 
Double Frontage Lots. Where lots have a double frontage, the required front yard shall be provided on both streets.
D. 
Side Yards. For the purpose of the side yard regulations, a two-family or multiple-family dwelling shall be considered as one (1) building occupying one (1) lot.
E. 
Whenever a lot of record has a width of less than eighty (80) feet, the side yard on each side of a building may be reduced to a width of not less than ten percent (10%) of the width of the lot, but in no instance shall it be less than five (5) feet.
F. 
All Yards. The ordinary projection of ornamental features, chimneys and flues may project eighteen (18) inches into a required yard.
G. 
Sight Distance Triangle. No structure or planting exceeding thirty-six (36) inches in height that would impede drivers' vision shall be erected or installed within the triangular area of a corner lot bound by the front property lines and a line connecting the two (2) points on the property lines thirty (30) feet from the intersection of the property lines. The Public Works Commissioner may establish more restrictive sight triangles based upon standards in the policy manual published by the American Association of State Highway and Transportation Officials (AASHTO) or when the Public Works Commissioner reasonably believes safety so requires more restrictive sight triangles and such restriction is approved by the Board of Aldermen.
H. 
Height Exceptions.
1. 
Chimneys, cooling towers, elevator bulkheads, fire towers, monuments, stacks, stage towers or scenery lofts, tanks, water towers, ornamental towers and spires, church steeples, radio or television towers or necessary mechanical appurtenances may be erected to a height of ninety (90) feet, except as otherwise permitted by law.
2. 
Public, semi-public or public service buildings, hospitals, institutions or schools, when permitted in a district, may be erected to a height not exceeding sixty (60) feet, and churches, temples, and other buildings for religious service may be erected to a height not to exceed seventy-five (75) feet, if the building is set back from each yard line at least one (1) foot for each foot of additional building height above the height limit otherwise provided in the district in which the building is located.
I. 
Lots Not Served By Public Utilities. Where a lot is not served by either a public water supply or a public or community sewer, it shall have an area of not less than twenty thousand (20,000) square feet and a width of at least one hundred (100) feet; where a lot is served by a public water supply but not by a public or community sewer, it shall have an area of not less than twelve thousand (12,000) square feet and a width of at least eighty (80) feet.

Section 400.350 Temporary Uses and Special Events.

[Ord. No. 1161 §1, 11-18-2013]
A. 
Requirements And Procedures. The Administrative Official is authorized to issue a permit for the operation or conducting of an amusement activity on a temporary basis within any zoning district. The Administrative Official shall review all such requests and may require a report to be submitted by health officials with respect to any public health aspect of the proposal and by the Chief of Police with respect to any traffic or public safety aspect of the proposal, if appropriate. The Administrative Official may defer to the Board of Aldermen for final approval for any such request. The permit shall be issued for a specified period of time not exceeding ten (10) days, unless otherwise provided hereafter or within the permit itself. The permit shall contain such conditions as are necessary for protection of public health, safety, and traffic, and the Administrative Official may require such assurance or guarantee of compliance with conditions as is reasonable and appropriate under the circumstances. This permit is in addition to any building permit, air pollution device, construction or operating permit, conditional use permit or other permit or license required by law for any proposed activity or facility. No more than two (2) temporary amusement activity permits shall be issued in any calendar year with regard to any particular property; provided ,however, that this limitation with respect to the number of temporary amusement activity permits shall not apply to public property, nor to property not held for private or corporate profit and used exclusively for religious worship, schools and colleges, for purposes purely charitable, or for agricultural and horticultural societies.
B. 
The following temporary uses may be allowed on a lot for which the vendor has a property interest upon approval of a temporary or special use permit:
1. 
Amusement activity. For the purpose of this Subsection, "amusement activity" includes a circus carnival, fair, turkey shoot, art display, trade or animal show, concert, dance, rally, parade, athletic competition, and any similar activity not involving the erection of any permanent structure or facility.
2. 
Christmas tree sales. Christmas tree sales in any business or industrial district for a period not to exceed sixty (60) days. Display of Christmas trees need not comply with the yard and setback requirements of these regulations, provided that no trees shall be displayed within 30 feet of the intersection of the curb line of any two streets.
3. 
Contractor's office. Contractor's office and equipment sheds (containing no sleeping or cooking accommodations) accessory to a construction project and to continue only during the duration of such project.
4. 
Real estate office. Real estate office (containing no sleeping or cooking accommodations unless located in a model dwelling unit) incidental to a new housing development to continue only until the sale or lease of all dwelling units in the development.
5. 
Seasonal sales. Seasonal sale of farm produce in any commercial or industrial district for a period not to exceed ninety (90) days and as approved by the Administrative Official.
6. 
Garage, yard or porch sales. The sale of used or secondhand merchandise shall be permitted in any residential district, providing that such use shall not exceed one (1) day in duration, nor occur more than four (4)-times, excluding City-wide sales, during a twelve-month period at one residence.
C. 
Special Events. All other special events not fully satisfying the criteria of this Chapter may be granted a special event permit only by the Board of Aldermen after review and report by the Administrative Official and Public Works Commissioner. This permit may be granted, denied, or made subject to conditions that the Board of Aldermen may deem reasonably necessary to protect the public health, safety, and general welfare. The Board of Aldermen shall review the application based on the intent of this Chapter and the appropriateness of the event in light of the standards set forth herein.
D. 
Appeals. Appeals from decisions of the Administrative Official concerning special event permits shall be appealed to the Board of Aldermen.

Section 400.360 Residential Infill and Conversions.

[Ord. No. 1161 §1, 11-18-2013]
A. 
In order to protect the integrity of the City's housing stock and to protect the public from hazards inherent in overcrowding in residential property, it shall be unlawful for any person to alter or cause to be altered any existing structure or portion thereof to increase the number of dwelling units on any parcel of land except as follows:
1. 
Residential Infill. Residential structures may be redeveloped or replaced, subject to the following additional regulations and approval of a conditional use permit pursuant to Section 400.640:
a. 
Elevations for any reconstructed dwelling or new replacement dwelling shall be approved by the Planning Commission and meet all required Building Code requirements.
b. 
The Board of Aldermen may waive the required height and setback requirements; however, the development should be consistent with the surrounding residential development.
c. 
The Board of Aldermen may waive the minimum lot size and density requirements, provided the proposed lot size(s) and density does not exceed one hundred fifty percent (150%) of the average surrounding residential development.
d. 
If not specifically waived or substituted in the ordinance authorizing a conditional use permit, all provisions of the underlying zoning and development regulations shall apply.
2. 
Residential Conversions. Residential structures located in a commercial district may be converted to a commercial use subject to the following additional regulations and approval of a conditional use permit pursuant to Section 400.640:
a. 
No alterations shall be made to the building exterior except for those required to bring the building into compliance with accessibility standards.
b. 
Off-street parking shall be restricted to the rear of the building and comply with the requirements of this Code.
c. 
Only one (1) accessory structure shall be permitted on the property and shall be used for storage purposes only.
d. 
No exterior storage, placement of materials or display of goods shall be permitted; and
e. 
Signage shall comply with Article V.