Mascoutah — Ch. 29 Art. III Environmental Requirements (Property Maintenance) § 29-3-40
Common access
Operative Text
A habitable space, bathroom, or water closet compartment which is accessory to a dwelling unit shall not open directly into or be used in conjunction with a food store, barber or beauty shop, doctor's or dentist's examination or treatment room, or similar room used for public purposes.
Section 29-3-40 of Mascoutah's Chapter 29, Article III establishes that certain private spaces — including habitable rooms, bathrooms, and toilet compartments attached to a dwelling unit — must be separated from commercial or public-use spaces such as food stores, barbershops, beauty salons, and medical or dental examination rooms. The rule prohibits any direct connection or shared use between these residential spaces and the listed types of public-facing businesses. The intent is to maintain a clear boundary between private residential areas and spaces accessible to the general public.
Plain English — not legal advice.
Operators of mixed-use properties in Mascoutah should ensure that any dwelling unit's habitable rooms, bathrooms, or water closet compartments covered under § 29-3-40 do not share a direct opening or functional connection with adjoining commercial spaces open to the public. Compliant properties typically feature distinct, separated entries and layouts that prevent customers or clients of a business from passing through or sharing residential sanitary facilities. Reviewing floor plans and access points when leasing or renovating mixed-use buildings helps confirm that the physical separation required by this provision is maintained.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under § 29-3-40 of Mascoutah's property maintenance code, tenants have a right to residential spaces — including bathrooms and habitable rooms — that are not directly accessible from or shared with public commercial spaces like shops or medical offices. If a tenant believes their unit's layout violates this separation requirement, they may consider documenting the condition and reporting it to the appropriate Mascoutah code enforcement or property maintenance authority. Tenant-rights organizations can also help residents understand how this type of code violation might be raised in the context of habitability concerns.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated November 9, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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