The Medium Density, R-1 Residential District is intended to provide a quiet, pleasant, and relatively spacious living area protected from traffic hazards and intrusion of incompatible land uses.

A building or premises shall be permitted to be used for the following purposes in the Medium Density, R-1 Residential District:

1. Single-family, two-family duplex; Duplex definition is a building having accommodations for and occupied exclusively by two (2) families.
2. Uses customarily incident to any of the above uses, provided that no such use generates traffic or noise which would create a public or private nuisance.
   

All other users and uses of the Medium Density, R-1 Residential District must be approved by the Village, upon the completion and consideration of a use permit on a Village form. All issued use permits shall be maintained in a separate book or file by the Village Clerk. Consideration shall be given to density on the site; applicability of the use to the site; need for fire safety, applicability of sales/use taxes, employment of people who do not own or rent the dwelling or residence, water and sewer consumption; noise and other nuisance factors. Business shall be defined as any person, partnership, corporation, limited liability company, or any other association engaged in commerce, manufacturing or a service for the purpose of seeking a profit or earnings, but not including intermittent baby-sitting or newspaper delivery.

1. Multiple family dwellings;
2. Modular or dwellings built offsite and transferred to the site in one or more sections;
3. Customary home occupations, such as day care (whether or not licensed), and any other business conducted in any part or all of such dwelling or which is subject to sales/use taxes or otherwise regulated by Lancaster County, the State of Nebraska, or any agency of the U.S. Federal Government. Any residential business that uses, purchases or sells any product that is regulated by Lancaster County, the State of Nebraska, or any agency of the U.S. Federal Government; any residential business that has the potential to cause an increase in vehicular traffic at the residence of more than one (1) vehicle per hour during operational hours; and any residential business that has the potential to cause an increase in vehicular traffic at the residence of more than five (5) vehicles in any one occurrence, occurring two (2) or more times per month, shall be required to have a use permit;
4. Churches, schools and libraries;
5. Municipal buildings;
6. Public parks, playgrounds, recreational and community center buildings and grounds;
7. Church steeples, amateur radio antenna installations, towers, and ornamental spires which exceed the maximum district height;
8. Swimming pools open to the public or subject to private membership; and
9. Cemeteries.
   

Height and Lot Requirements:

The height and minimum lot requirements shall be as follows: 

* On corner lots the street side yard setback shall be equal to the front yard setback. The lot area for a two family dwelling shall be per dwelling.

** Not less than thirty (30) feet or twenty (20) percent of the depth of the lot, whichever amount is smaller.

*** Lots smaller than 10,000 square feet and platted and approved prior to February 7, 2018, shall be considered legally non-conforming lots fully permitted in the R-1 district, provided any improvements to the lot or replacement of structures do not further the non-conformance of the lot.

**** Provided total area of accessory structure for single family does not exceed 600 sq. ft. and total lot coverage of all buildings does not exceed 50%

Additional Notes:

1. On corner lots the following criteria apply to setbacks. In existing developed areas platted and approved prior to February 7, 2018, the street side yard setback may conform to existing setbacks of existing structures along that street. In new developments platted and approved on or after February 7, 2018, the street side yard setback shall be equal to the front yard setback.
2. Every lot shall be developed in accordance with Article 11 for the Malcolm Municipal Code.
3. Every building shall be built in accordance with Article 9 of the Malcolm Municipal Code.

1. Minimum livable floor areas not including garages, porches or decks shall be as follows:
   1. Single family dwellings and other permitted uses: 800 square feet on the main level
      
   2. Duplex structures: 800 square feet, per dwelling unit
      
   3. Townhomes: 900 square feet, per dwelling unit
      
   4. Multi-family: no less than 500 square feet per unit
2. Accessory buildings which are attached to or not located more than six (6) feet from the main structure shall be considered a part of the main structure and shall comply with the height, front, side, and rear yard requirements of the main building.
   1. A garage which is entered from an alley shall not be located closer than ten (10) feet to the alley line abutting the rear lot line.
   2. Accessory buildings or structures not a part of the main structure may be located in the required front yard on double-frontage lots where at least one frontage is along a major street, provided:
      1. accessory buildings or structures shall not occupy any portion of any required front yard along the local street;
      2. accessory buildings or structures shall not be closer than two (2) feet to the side lot line, closer than two (2) feet to the front lot line along the major street frontage, or be closer than two (2) feet to an area specified as a building line district;
      3. accessory buildings or structures, if located not less than sixty (60) feet from the front lot line, may extend into the required side yard though not closer than two (2) feet to the side lot line;
      4. accessory buildings or structures shall not occupy any portion of the required front yard along any major street except when a landscape screen is located along any and all front lot lines of such lot adjacent any major street;
      5. direct vehicular access shall not be available from any major street along any major street frontage on the block;
      6. accessory buildings or structures shall not exceed fifteen (15) feet in height and any accessory building or structure or portion thereof within twenty (20) feet of the front lot line along the major street shall not exceed eight (8) feet in height.
         

Whenever a structure is erected, converted or structurally altered for a dwelling, there shall be provided accessible parking space on the lot to accommodate two (2) automobile for each dwelling unit. Whenever a structure is erected, converted or structurally altered for a place of public gathering, there shall be provided accessible parking space on the lot to accommodate one (1) automobile for each four (4) occupants.

See Chapter 9, Section 9-102-1.

1. Concrete sidewalks shall be constructed, at developer’s cost, in pedestrian ways and on both side of all streets, including collector and major streets, in compliance with applicable design standards of the Village.
2. All sidewalks shall be at least four (4) feet in width and shall allow a continuous flow of pedestrian traffic through the subdivision and adjacent to each side of a street, in the right of way. Generally, sidewalks shall be located equidistant between the edge of the pavement and the edge of the right of way. Sidewalks shall be concrete of no less than four (4) inch in depth. The Village may approve alternate locations for sidewalks.

In addition to the nuisance provisions detailed in Chapter 4 of the Malcolm Municipal Code, the following provisions shall apply to the Residential District:

1. Building without a building permit;
2. Special use of the District without a special use permit;
3. Violations of the noise ordinance;
4. Violation of special use permit;
5. Water and/or sewer usage in excess of allowable limits.

Violations of the nuisance regulations shall be fined against the user of the plat, for each day of such violation. The fine amount shall be set by the Village Board by separate ordinance.

The maximum width of a curb cut for a driveway or other access to a residential lot shall be no greater than one-half of the width of the property line facing the street or alley, with no more than two curb cuts not adjoining for the same access on any frontage, and with a minimum separation between the two curb cuts of no less than twenty feet (20’). A curb cut shall require a permit and payment of a fee set by the Village Board by separate ordinance.

The High Density, R-2 Residential District is to permit high density residential development in areas providing all public facilities and supporting facilities to maintain a sound and pleasant environment for the inhabitants.

A building or premises shall be permitted to be used for the following purposes in the High Density, R-2 Residential District:

1. Single-family;
2. Two-family duplex; Duplex definition is a building having accommodations for and occupied exclusively by two (2) families;
3. Multiple family dwellings;
4. Uses customarily incident to any of the above uses, provided that no such use generates traffic or noise which would create a public or private nuisance.
   

All other users and uses of the High Density, R-2 Residential District must be approved by the Village, upon the completion and consideration of a use permit on a Village form. All issued use permits shall be maintained in a separate book or file by the Village Clerk. Consideration shall be given to density on the site; applicability of the use to the site; need for fire safety, applicability of sales/use taxes, employment of people who do not own or rent the dwelling or residence, water and sewer consumption; noise and other nuisance factors. Business shall be defined as any person, partnership, corporation, limited liability company, or any other association engaged in commerce, manufacturing or a service for the purpose of seeking a profit or earnings, but not including intermittent baby-sitting or newspaper delivery.

1. Modular or dwellings built offsite and transferred to the site in one or more sections.
2. Customary home occupations, such as day care (whether or not licensed), and any other business conducted in any part or all of such dwelling or which is subject to sales/use taxes or otherwise regulated by Lancaster County, the State of Nebraska, or any agency of the U.S. Federal Government. Any residential business that uses, purchases or sells any product that is regulated by Lancaster County, the State of Nebraska, or any agency of the U.S. Federal Government; any residential business that has the potential to cause an increase in vehicular traffic at the residence of more than one (1) vehicle per hour during operational hours; and any residential business that has the potential to cause an increase in vehicular traffic at the residence of more than five (5) vehicles in any one occurrence, occurring two (2) or more times per month, shall be required to have a use permit;
3. Churches, schools and libraries;
4. Municipal buildings;
5. Public parks, playgrounds, recreational and community center buildings and grounds;
6. Church steeples, amateur radio antenna installations, towers, and ornamental spires which exceed the maximum district height;
7. Swimming pools open to the public or subject to private membership; and
8. Cemeteries.
   

Height and Lot Requirements:

The height and minimum lot requirements shall be follows:

* For Multi-Family units the side yard shall be 10 feet if it is a 3-story structure, and 2 feet additional side yard on each side shall be provided for each story in excess of 3 stories.
** Provided total area of accessory structure for single family does not exceed 600 sq. ft. and the total lot coverage of all buildings does not exceed 50%

Additional Notes:

1. On corner lots the following criteria apply to setbacks. In existing developed areas platted and approved prior to February 7, 2018, the street side yard setback may conform to existing setbacks of existing structures along that street. In new developments platted and approved on or after February 7, 2018, the street side yard setback shall be equal to the front yard setback.
2. Every lot shall be developed in accordance with Article 11 for the Malcolm Municipal Code.
3. Every building shall be built in accordance with Article 9 of the Malcolm Municipal Code.

1. Minimum livable floor areas not including garages, porches or decks shall be as follows:
   1. Single family dwellings and other permitted uses: 800 square feet on the main level
      
   2. Duplex structures: 800 square feet, per dwelling unit
      
   3. Townhomes: 900 square feet, per dwelling unit
      
   4. Multi-family: no less than 500 square feet per unit
2. Accessory buildings which are attached to or not located more than six (6) feet from the main structure shall be considered a part of the main structure and shall comply with the height, front, side, and rear yard requirements of the main building.
   1. A garage which is entered from an alley shall not be located closer than ten (10) feet to the alley line abutting the rear lot line.
   2. Accessory buildings or structures not a part of the main structure may be located in the required front yard on double-frontage lots where at least one frontage is along a major street, provided:
      1. accessory buildings or structures shall not occupy any portion of any required front yard along the local street;
      2. accessory buildings or structures shall not be closer than two (2) feet to the side lot line, closer than two (2) feet to the front lot line along the major street frontage, or be closer than two (2) feet to an area specified as a building line district;
      3. accessory buildings or structures, if located not less than sixty (60) feet from the front lot line, may extend into the required side yard though not closer than two (2) feet to the side lot line;
      4. accessory buildings or structures shall not occupy any portion of the required front yard along any major street except when a landscape screen is located along any and all front lot lines of such lot adjacent any major street;
      5. direct vehicular access shall not be available from any major street along any major street frontage on the block;
      6. accessory buildings or structures shall not exceed fifteen (15) feet in height and any accessory building or structure or portion thereof within twenty (20) feet of the front lot line along the major street shall not exceed eight (8) feet in height.

Whenever a structure is erected, converted or structurally altered for a dwelling, there shall be provided accessible parking space on the lot to accommodate two (2) automobile for each dwelling unit. Whenever a structure is erected, converted or structurally altered for a place of public gathering, there shall be provided accessible parking space on the lot to accommodate one (1) automobile for each four (4) occupants.

See Chapter 9, Section 9-102-1.

1. Concrete sidewalks shall be constructed, at developer’s cost, in pedestrian ways and on both side of all streets, including collector and major streets, in compliance with applicable design standards of the Village.
2. All sidewalks shall be at least four (4) feet in width and shall allow a continuous flow of pedestrian traffic through the subdivision and adjacent to each side of a street, in the right of way. Generally, sidewalks shall be located equidistant between the edge of the pavement and the edge of the right of way. Sidewalks shall be concrete of no less than four (4) inch in depth. The Village may approve alternate locations for sidewalks.
   

In addition to the nuisance provisions detailed in Chapter 4 of the Malcolm Municipal Code, the following provisions shall apply to the Residential District:

1. Building without a building permit;
2. Special use of the District without a special use permit;
3. Violations of the noise ordinance;
4. Violation of special use permit;
5. Water and/or sewer usage in excess of allowable limits.

Violations of the nuisance regulations shall be fined against the user of the plat, not to exceed three hundred (300) dollars for each day of such violation.

The maximum width of a curb cut for a driveway or other access to a residential lot shall be no greater than one-half of the width of the property line facing the street or alley, with no more than two curb cuts not adjoining for the same access on any frontage, and with a minimum separation between the two curb cuts of no less than twenty feet (20’). A curb cut shall require a permit and payment of a fee set by the Village Board by separate ordinance.