Malden City Zoning Code
ARTICLE IV
District Regulations
Section 400.080 "R-1" Residential District.
[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]
Section 400.090 "R-2" Residential District.
[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]
Section 400.100 "MH" Manufactured Home District.
[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.
Section 400.110 "C-1" Business District.
[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.
Section 400.120 "C-2" Business District.
[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.
Section 400.125 "C-R" Commercial-Residential District.
[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.
Section 400.130 "I-1" Light Industrial District.
Section 400.135 "I-C" Industrial District.
[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.
Section 400.140 "I-2" Heavy Industrial District.
[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.