[Ord. No. 3121, 4-18-2016]
A.
Within the "R-1" Residential District, the following regulations
shall apply:
1.
Permitted uses in "R-1" Residential Districts shall be as follows:
a.
Single-family detached dwelling units, limited to no more than
one (1) unit per platted lot, including all lots platted prior to
the adoption of this Chapter (March 24, 2016).
c.
Schools, churches, libraries, fire houses, public and private
open space and recreational facilities, and related activities.
d.
Private swimming pools, if they meet setback requirements for
principal buildings in the district.
f.
Except as otherwise permitted by law, no signs shall be permitted
on residential premises except building street numbers and name plate
signs.
2.
Conditional uses permitted in the "R-1" District shall be as
follows:
[Ord. No. 3199, 5-20-2019]
4.
Lot size.
a.
Every single-family detached dwelling lot shall have an area
of not less than eight thousand (8,000) square feet and a width at
the established building line of not less than seventy-five (75) feet
and a minimum depth of not less than one hundred six (106) feet.
[Ord. No. 3199, 5-20-2019]
b.
Churches.
(1)
New Construction. New construction shall have a lot area of not less than two (2) acres and shall meet off-street parking requirements of Article VII. Required parking area in excess of a two-acre lot may be separated from the balance of the property by a street or alley. All property must be contiguous.
5.
Setback Lines.
a.
Front Yard. Not less than twenty (20) feet. In the case of double
frontage lots, corner lots or through lots, there shall be a front
yard along each street.
b.
Side Yard. Not less than ten (10) feet on either side, except
when Subsection (A)(5)(a)above applies.
c.
Rear Yards. Not less than ten (10) feet.
7.
Manufactured Homes. Manufactured homes, as defined in Section 400.030, may be located within the "R-1" District provided they already existed prior to the adoption of this Chapter. When so located, existing manufactured homes shall comply with the same setback requirements as single-family residences. Existing manufactured homes owned and occupied by persons who also own the lot said manufactured home is located on may be replaced or expanded to the extent permitted by this Chapter. Manufactured homes that are not owner-occupied are limited to the one-time replacement via a Conditional Use Permit and subject to all other requirements of this Chapter.
8.
All single-family detached dwellings shall be limited to no more
than one (1) unit per platted lot, including all lots platted prior
to March 24, 2016.
[Ord. No. 3236, 4-19-2021]
9.
All single-family attached villas and single-family attached dwellings
(duplexes) shall be limited to no more than one (1) structure per
platted lot, including all lots platted prior to March 24, 2016.
[Ord. No. 3236, 4-19-2021]
[Ord. No. 3121, 4-18-2016]
A.
With the "R-2" Residential District, the following regulations shall
apply:
2.
Conditional Uses.
a.
Triplexes, townhomes and condominiums.
b.
Apartments.
c.
Nursing homes.
e.
New manufactured homes meeting the following criteria:
[Ord. No. 3199, 5-20-2019]
(1)
Accompanied by an original bill of sale dated not more than
six (6) months prior to the date of application;
(2)
Structurally sound in compliance with the provisions of this
Code;
(3)
No less than twenty (20) feet in width;
(4)
Compliant with all applicable occupancy codes;
(5)
Placed on an enclosed permanent foundation of concrete, brick,
or masonry; and
(6)
Compliant with minimum standards for tie-downs as set by the
Missouri Public Service Commission.
3.
Prohibited Uses. Any uses prohibited in Section 400.080(A)(3) "R-1" Residential District.
4.
Lot Size.
a.
Every single-family detached dwelling, two-family dwelling or
multiple-family dwelling lot shall have a lot area of not less than
six thousand (6,000) square feet and a width at the established building
line of not less than sixty (60) feet.
b.
Multiple-family dwellings shall not exceed one (1) dwelling
unit or apartment for each one thousand five hundred (1,500) square
feet of lot area.
5.
Setback Lines.
a.
Front Yard. Not less than twenty (20) feet. In the case of double
frontage lots, corner lots or through lots, there shall be a front
yard along each street.
b.
Side Yard. Not less than ten (10) feet on each side, except when Subsection (A)(5)(b) above applies.
c.
Rear Yard. Not less than fifteen (15) feet.
6.
All single-family detached dwellings shall be limited to no more
than one (1) unit per six thousand (6,000) square feet of platted
lot and shall be situated not less than fifty (50) feet from the front
of or rear of another single-family detached dwelling.
[Ord. No. 3236, 4-19-2021]
7.
All single-family attached villas and single-family attached dwellings
(duplexes) shall be limited to no more than one (1) structure per
six thousand (6,000) square feet of platted lot and shall be situated
not less than fifty (50) feet from the front of or rear of another
single-family attached villa or single-family attached dwelling.
[Ord. No. 3236, 4-19-2021]
[Ord. No. 3121, 4-18-2016]
A.
Purpose. The purpose of this district is to provide for the development
of manufactured home parks and to:
1.
Bring about manufactured 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 manufactured home developments while maintaining
the character of residential neighborhoods.
3.
To protect the health, safety, and welfare of manufactured home
residents and the surrounding community.
4.
To harmonize this type of residential development with other
existing and proposed land uses.
5.
To ensure 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 manufactured home development shall be able to provide adequately
such services; further, that the establishment of any manufactured
home development shall not equal excessive expense for public facilities
and services.
C.
Bulk Requirements:
|
"MH" Manufactured Home Park District Regulations
| ||
|---|---|---|
|
Minimum District Area
|
2 acres
| |
|
Minimum Lot Area
|
Every lot or parcel of land occupied by a manufactured home
shall contain not less than 5,000 square feet
| |
|
Yard/Setback
|
Front
|
20 feet. There shall be 8 feet between any manufactured home
and any sidewalk or local drive within such development (park)
|
|
Side
|
10 feet. There shall be 8 feet between any manufactured home
and any sidewalk or local drive within such development (park)
| |
|
Rear
|
20 feet. There shall be 8 feet between any manufactured home
and any sidewalk or local drive within such development (park)
| |
D.
General Requirements. All development shall comply with the following.
1.
Building Permit. Any structure erected or expanded within a
manufactured home development; including any structures to be erected
or expanded on any manufactured home site therein, shall require a
building permit to be issued by the City Code Enforcement Officer,
and shall meet all regulations of this Chapter and the building code.
2.
Application Of Regulations. A manufactured 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 manufactured home parks within this district.
3.
Periodic Inspection. The Code Enforcement Officer 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 Chapter or any other City ordinance applicable to the conduct
and operation of manufactured home developments.
4.
Site Plan Review. Site Plan Review by the Planning and Zoning
Commission and approval by the City Council is required prior to issuance
of building permits. In those instances where the lots within a manufactured
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.
E.
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 VII for off-street parking and loading requirements.)
F.
Public Sanitary Sewer Required. In no case shall any manufactured
home development be approved where the development will not be connected
to or provided with a public sanitary sewer system.
G.
Effect Of Regulations. In their interpretation and application, the
provisions of this Section shall be considered minimum requirements
adopted for the promotion of the public health, safety, and welfare
of Malden. However, recognizing the pre-manufactured nature of manufactured
home units, it is recognized that lots exceeding the minimum yard
and area requirements of this Section may be required to accommodate
some units, and that suitable provision shall be made by potential
developers of such manufactured home developments in their advance
planning to provide for such units. Based upon this guideline, the
fact that the size of a particular manufactured home unit, or class
of manufactured 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.
H.
Landscaping Required.
1.
Transition Strip. A transition strip of trees and shrubs not
less than twenty (20) feet in width 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 Manufactured Homes Upon Lots. All manufactured
homes within manufactured 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 manufactured home shall face the
principal street frontage upon which the lot itself faces. In the
case of corner lots, the manufactured 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.
I.
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 manufactured 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 manufactured home location.
2.
Storm Drainage Facilities. Storm drainage facilities shall be
so constructed as to protect those that will reside in the manufactured
home development, as well as the property owners adjacent to the development.
Such facilities shall be of such capacity to ensure rapid and safe
drainage of storm water 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, 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 Chapter 410, 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 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.
J.
Manufactured Home Setup Requirements.
1.
Manufactured Home Stands. Each manufactured 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
manufactured 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 manufactured home shall be supported
on uniform jacks or locks and tied down as required by State law.
3.
Skirting. Uniform skirting of each manufactured home base shall
be required, within thirty (30) days after initial placement, such
skirting shall be masonry material and so constructed and attached
to this manufactured home so as to deter and prevent entry of rodents
and insects. Storage of goods and articles underneath any manufactured
home or out of doors at any manufactured 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 manufactured
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 manufactured
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.
K.
Non-Conforming Manufactured-Home Parks. Where, on the date of adoption
or amendment of this Chapter, a lawful manufactured home park existed
that is no longer permissible under the provisions of this Chapter,
such manufactured home park may continue so long as it remains otherwise
lawful subject, to the following provisions.
1.
Violations Not Validated. A non-conforming manufactured home
park in violation of a provision of the ordinance which this repeals
shall not be validated by the adoption of this Chapter.
2.
Enlargement. No such non-conforming manufactured 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 manufactured 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 manufactured 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 manufactured 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 manufactured 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 manufactured home parks shall
remain in one (1) ownership and primarily designed for the purpose
of renting spaces for the placement of manufactured home dwelling
units. In no instance shall a non-conforming manufactured home park
be sold as lots for permanent manufactured home residence.
7.
Registry. Each non-conforming manufactured home park shall maintain
an up-to-date registry of each manufactured 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 manufactured
home parks, the permitted uses of such park shall be limited to the
following:
a.
Manufactured 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 Malden Building Code.
c.
Signs as regulated by this Code.
9.
Minimum Distance. Within all non-conforming manufactured home
parks the minimum distances maintained between manufactured homes
shall be in conformity with the requirements of the adopted City Building
and Fire Codes, applicable State laws, or a development plan previously
approved by the City of Malden, 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 manufactured 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 City Council upon receipt of a report and recommendation
on the matter from the Planning and Zoning Commission.
[Ord. No. 3121, 4-18-2016]
A.
Within the "C-1" Business District, the following regulations shall
apply:
1.
Permitted uses.
a.
Existing single-family, two-family, or multiple-family dwellings.
b.
Retail sales.
c.
Personal, professional, and medical services.
d.
Offices.
e.
Gasoline service stations.
f.
Eating places (indoor).
g.
Preparation of bakery and food products sold retail entirely
from the premises.
h.
Civic or fraternal clubs or lodges.
i.
Parking lots.
k.
Residential or outpatient treatment facility providing full-time
residential accommodations and professional therapeutic care for people
with substance abuse, mental illness, or other behaviors which may
constitute barriers to independent living meeting the following criteria:
[Ord. No. 3255, 2-28-2022]
(1)
The exterior appearance of the treatment facility
shall reasonably conform to the exterior appearance of other dwellings
in the vicinity;
(2)
The treatment facility must not be located closer
than one hundred (100) feet to any other substance abuse treatment
facility;
(3)
Any treatment facility shall maintain compliance with all regulations
set by the State of Missouri Department of Mental Health; and
(4)
Any treatment facility shall comply with occupancy
regulations as set forth by the 2021 International Fire Code.
2.
4.
Height. No building shall exceed thirty-five (35) feet in height,
plus a roof.
5.
Service Vehicle Access. See Section 400.240 for off-street loading zones and service area requirements.
6.
Manufactured Homes. Preexisting manufactured homes, as defined in Section 400.030, may be located within the "C-1" District provided they already existed prior to the adoption of this Chapter. When so located, existing manufactured homes shall comply with the same setback requirements as single-family residences. Existing manufactured homes owned and occupied by persons who also own the lot said manufactured home is located on may be replaced or expanded to the extent permitted by this Chapter. Manufactured homes that are not owner-occupied are limited to the one-time replacement via a conditional use permit and subject to all other requirements of this Chapter.
[Ord. No. 3121, 4-18-2016]
A.
Within the "C-2" Business District, the following regulations shall
apply:
1.
Permitted Uses.
a.
Any use permitted in Section 400.110(A)(1)(a) – (k), "C-1" Business District.
b.
Drive-in facilities serving customers in automobiles.
c.
All other retail businesses.
d.
Wholesale sales.
e.
Building improvement products, repairs, and maintenance services.
Lumberyards.
f.
Parking lots.
g.
Hotels, motels.
h.
Printing, publishing.
j.
Residential or outpatient treatment facility providing full-time
residential accommodations and professional therapeutic care for people
with substance abuse, mental illness, or other behaviors which may
constitute barriers to independent living meeting the following criteria:
[Ord. No. 3255, 2-28-2022]
(1)
The exterior appearance of the treatment facility
shall reasonably conform to the exterior appearance of other dwellings
in the vicinity;
(2)
The treatment facility must not be located closer
than one hundred (100) feet to any other substance abuse treatment
facility;
(3)
Any treatment facility shall maintain compliance
with all regulations set by the State of Missouri Department of Mental
Health; and
(4)
Any treatment facility shall comply with occupancy regulations
as set forth by the 2021 International Fire Code.
2.
3.
Setback Lines.
a.
Front Yard. Not less than twenty-five (25) feet.
b.
Side Yard. None required, except where the lot abuts an "R"
District, in which case the side yard setback shall be not less than
twenty-five (25) feet.
c.
Rear Yard. Not less than twenty (20) feet, except where vehicles
are stored, loaded, or unloaded under a roof, in which case the rear
yard setback shall be not less than five (5) feet.
4.
Service Vehicle Access. See Section 400.240 for off-street loading zones and service area requirements.
5.
Manufactured Homes. Preexisting manufactured homes, as defined in Section 400.030, may be located within the "C-2" District provided they already existed prior to the adoption of this Chapter. When so located, existing manufactured homes shall comply with the same setback requirements as single-family residences. Existing manufactured homes owned and occupied by persons who also own the lot said manufactured home is located on may be replaced or expanded to the extent permitted by this Chapter. Manufactured homes that are not owner-occupied are limited to the one-time replacement via a conditional use permit and subject to all other requirements of this Chapter.
[Ord. No. 3163, 10-16-2017; Ord. No. 3236, 4-19-2021]
A.
Within the "C-R" District, the following regulations shall apply:
1.
Permitted Uses.
a.
Any use permitted in Section 400.110(A)(1)(a) through (k), "C-1" Business District, subject to setback lines, height restrictions, and service vehicle access contained within that Section.
b.
Any use permitted in Section 400.120(A)(1)(a) through (j), "C-2" Business District, subject to setback lines and service vehicle access contained within that Section.
c.
Any use permitted in Section 400.080(A)(1)(a) through (e), "R-1" Residential District, subject to lot size, setback line, and height restrictions contained within that Section.
d.
Any use permitted in Section 400.090(A)(1)(a) through (c), "R-2" Residential District, subject to lot size and setback line restrictions contained within that Section.
e.
Triplexes, townhomes and condominiums.
f.
Loft Apartments.
g.
Apartment Buildings.
2.
Conditional Uses.
a.
Any use conditionally permitted in Section 400.090(A)(2), "R-2" Residential District, and not otherwise permitted above.
[Ord. No. 3121, 4-18-2016]
[Ord. No. 3174, 5-21-2018]
A.
Within the "I-C" District, the following regulations shall apply:
1.
Permitted Uses.
a.
Any use permitted in Section 400.110(A)(1)(a) through (k), "C-1" Business District, subject to setback lines, height restrictions, and service vehicle access contained within that Section.
b.
Any use permitted in Section 400.120(A)(1)(a) through (j), "C-2" Business District, subject to setback lines and service vehicle access contained within that Section.
c.
Any use permitted in Section 400.130(A)(1)(a) through (e), "I-1" Light Industrial District, subject to setback lines and height restrictions contained within that Section.
[Ord. No. 3121, 4-18-2016]
A.
Within the "I-2" Heavy Industrial District, the following regulations
shall apply:
1.
2.
Conditional Uses.
a.
All residential uses when located at the Malden Air Base and
as approved by the City Council.
3.
Prohibited Uses. All uses permitted in Residential or Commercial
Districts.
4.
Setback Lines.
5.
Height. No building shall exceed eight (8) stories or eighty-five
(85) feet in height.
