The Commercial District is intended to provide a setting for business and commercial land use that is attractive, suitable for efficient operations, and not objectionable to adjacent land uses.

All users and uses of the Commercial District must be approved by the Village. General business and commercial uses that are consistent with the Village Code, especially Chapter 4 nuisance and State and Federal Environmental requirements shall be permitted and must establish the following in a written use permit.

1. Water use shall not exceed 50,000 gal. limit unless otherwise specifically approved by the Village Board
2. A site plan for the plat, including landscape and sidewalk details, and how utilities service the site
3. The proposed use of the lot and each building thereon;
4. Types and amounts of discharge or waste, including noise and odor;
5. Accessibility from a public street or roadway;
6. Parking and traffic patterns and amounts;
7. That the use conforms to the requirements of this chapter. These uses generally include but are not limited to the following purposes:
   1. Banks, commercial or professional offices, telephone offices and post offices;
   2. Clubs, lodges and organizations which operate for a profit;
   3. Places of amusement: theaters, night clubs, bars and related uses;
   4. Personal service establishments;
   5. Retail and wholesale establishments, except those as specifically enumerated under Permitted Conditional Uses in Commercial District;
   6. Restaurants and other establishments selling prepared food;
   7. Municipal Buildings.
   8. (Revised May 4, 2016, Ordinance 2016-01) Building material sales and storage, but not a self-service storage facility as defined in the Industrial Zone and Industrial Mixed-Use Zone; and not any outside storage of motor vehicles as defined in Chapter 5, recreational vehicles, boats, campers, farm machinery, equipment, or items of a seasonal nature.
   9. Farm implement and motor vehicles sales and service establishments, and gasoline stations; and
   10. Other uses similar to or customarily incident to any of the above uses.
       

1. Dwelling units as separate premises provided the minimum requirements of the Residential District are adhered to, and the purpose and intent of the Village Code are upheld especially water and sewer requirements.
   

1. Front Yard: The front yard regulations for dwellings are the same as those used in the Residential District. In all other cases, a front yard in not required, provided, however a side walk of at least eight foot (8’) width be placed between the road right of way and the front plane of the building.
2. Side Yard: The side yard regulations for buildings are the same as those used in the Residential District. Where a lot is used for any of the commercial purposes permitted in the district, a side yard is not required, except where a commercial structure shall directly abut a residential district, in which case a 15-foot side yard will be required, including a solid fence, wall or screen planting not less than three (3) feet high.
3. Rear yard: The rear yard regulations for dwellings are the same as in the Residential District. In all other cases, there shall be a rear yard of not less than fifteen (15) feet.
4. Intensity of use: When a buildable lot is improved with a single-family dwelling, two-family dwelling, or a multiple dwelling or when living facilities are erected above other uses, the intensity of use regulations are the same as those required in the Residential District. The minimum lot width for a commercial use shall be thirty (30) feet.
5. Every lot shall be developed in accordance with the standards of the Subdivision Ordinance of the Village of Malcolm, Nebraska.
6. Every building shall be built in accord to the building codes of the Village as they may change from time to time.

Commercial uses requiring an area for truck unloading shall provide sufficient space so that no streets or alleys need be blocked.

No building shall exceed forty (40) feet in height.

Accessory parking spaces shall be provided on the lot or an adjacent street in the amount of five (5) spaces per business, plus one space for each four hundred (400) square feet of show-room area in the building or buildings on the premises. Single-family residential units shall provide one parking space per dwelling unit. Multiple family dwelling units shall provide 1.5 parking spaces per dwelling unit.

Every Commercial building shall have a side walk along each street abutting the property, at a width of not less than eight (8) feet or as otherwise permitted by the Village as a part of the use permit.

See Chapter 9, Section 9-102.1.

In addition to he nuisance provisions detailed in Chapter 4 of the Malcolm Municipal Code, the following provisions shall apply to the Commercial 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 current District Regulations of the Commercial District shall be repealed.