[R.O. 2011 § 400.070; 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
|
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"R-R"
|
Rural Residential District
| |
|
"R-1"
|
Single-Family Residential District
| |
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"R-1A"
|
Single-Family Residential District
| |
|
"R-2"
|
Two-Family Residential District
| |
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"R-3"
|
Multifamily Low-Density Residential District
| |
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"R-4"
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Multifamily High-Density Residential District
| |
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"R-5"
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Planned Residential/Business District
| |
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"OT"
|
Old Town District (formally "OTR" Old Town Res.)
| |
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"OTC"
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Old Town Commercial District
| |
|
"MH"
|
Mobile Home Park District
| |
|
"C-1"
|
Neighborhood Commercial District
| |
|
"C-2"
|
Highway Commercial District
| |
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"M-1"
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Light Industrial District
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"M-2"
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Industrial District
|
[R.O. 2011 § 400.080; 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.
[R.O. 2011 § 400.090; 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.
[R.O. 2011 § 400.100; 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.
[R.O. 2011 § 400.110; 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.
[R.O. 2011 § 400.120; 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 400.060 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.
[R.O. 2011 § 400.130; 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.
[Ord. No. 1426, 6-19-2023]
|
"A-1" Agricultural District Bulk Regulations
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|---|---|---|
|
Minimum lot area
|
10 acres; 3 acres for single-family dwellings
| |
|
Minimum lot width
|
150 feet
| |
|
Minimum residential floor area
|
1,600 square feet
| |
|
Yard/setback
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Front
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50 feet
|
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Side
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15 feet
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Rear
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50 feet
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Maximum height
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35 feet or 2 1/2 stories
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E.
Supplemental Regulations. All development shall comply with the supplemental regulations provided in Article III of this Chapter.
[R.O. 2011 § 400.140; 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
| ||
|---|---|---|
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Minimum lot area
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3.5 acres
| |
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Minimum lot width
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200 feet
| |
|
Yard/setback
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Front
|
75 feet
|
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Side
|
50 feet
| |
|
Rear
|
50 feet
| |
|
Minimum floor area
|
1,600 square feet per residence, excluding basements, porches
and garages
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|
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.
[R.O. 2011 § 400.150; 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
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|
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.
[R.O. 2011 § 400.170; 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; Ord. No. 1286, 4-1-2019]
|
"R-1A" Single-Family Residential District Bulk Regulations
| ||
|---|---|---|
|
Minimum lot area
|
5,850 square feet
| |
|
Minimum lot width
|
50 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.
[R.O. 2011 § 400.180; 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.
[R.O. 2011 § 400.190; 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.
[R.O. 2011 § 400.200; 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.
[R.O. 2011 § 400.210; 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;
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.
[R.O. 2011 § 400.220; 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.
[Ord. No. 1426, 6-19-2023]
|
"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
| |
|
Minimum residential floor area
|
1,000 square 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.
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.
[R.O. 2011 § 400.230; 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.
[Ord. No. 1426, 6-19-2023]
|
"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
| |
|
Minimum residential floor area
|
1,000 square feet
| |
|
Yard/setback
|
Front
|
None required
|
|
Side
|
None required
| |
|
Rear
|
None required
| |
|
Maximum height
|
2 1/2 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.
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.
[R.O. 2011 § 400.240; 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.
[Ord. No. 1426, 6-19-2023]
|
"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
| |
|
Minimum residential floor area
|
1,000 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.[1]
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 Administrative Official 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 premanufactured 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[2] shall not be validated by the adoption of this Chapter.
[2]
Editor's Note: Ord. No. 1161, adopted 11-18-2013, repealed
former Ch. 400, Zoning Regulations, adopted 3-16-1998 by Ord. No.
591, as amended.
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.[3]
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,[4] 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.
[R.O. 2011 § 400.250; 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 25-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.
[R.O. 2011 § 400.260; 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.
[Ord. No. 1426, 6-19-2023]
|
"C-2" Highway Commercial District Regulations
| ||
|---|---|---|
|
Minimum lot area
|
10,000 square feet
| |
|
Minimum lot width
|
75 feet
| |
|
Minimum residential floor area
|
1,000 square feet
| |
|
Yard/setback
|
Front
|
25 feet
|
|
Side
|
None, unless adjacent to a residential district or being used
for residential purposes, a 15-foot side yard is required
| |
|
Rear
|
None, unless adjacent to a residential district, a 25-foot side
yard is required
| |
|
Maximum height
|
3 stories or 35 feet
| |
[R.O. 2011 § 400.270; 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 30-foot side
yard is required
| |
|
Rear
|
None, unless adjacent to a residential district, a 30-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.
[R.O. 2011 § 400.280; 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 30-foot side
yard is required
| |
|
Rear
|
None, unless adjacent to a residential district, a 30-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.
