[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:
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:
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.
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.
[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:
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.
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.
[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.
[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.
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.
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.
[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.
[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.
[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.
[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
