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Martindale City Zoning Code

DISTRICT REGULATIONS

§ 155.075 DISTRICTS ESTABLISHED; COMPLIANCE WITH DISTRICT STANDARDS.

   (A)   Districts established.
      (1)   In order to implement the city comprehensive plan and promote the purposes of this chapter, the following districts are established:
District Name
Map Symbol
District Name
Map Symbol
Single-Family Residential
R-1
One- and Two-Family Residential
R-1A
Manufactured Home District
R-2
Multi-Family Residential (Low Density)
R-3
Multi-Family Residential (Medium Density)
R-4
Mixed Use
MU
Commercial
C-1
Heavy Commercial
C-2
Industrial
I
 
      (2)   Districts may be referred to throughout this chapter by their map symbol names.
   (B)   Compliance with district standards. No building or structure shall be erected, converted, enlarged, reconstructed or altered for use nor shall any building, structure or land be used or changed in a way so that it does not comply with all of the district regulations established by this chapter for the district in which the building or structure or land is located.
(Ord. 08-347, passed - -2008)

§ 155.076 R-1 SINGLE-FAMILY RESIDENTIAL.

   (A)   Purpose. The R-1 Single-Family Residential District is intended for development of detached, single-family residences and customary accessory uses on lots of at least one-half acre in size.
   (B)   Permitted uses. See the use table in § 155.096 for permitted and specific uses.
      (1)   Residential uses.
         (a)   Single-family, detached dwelling; and
         (b)   Accessory uses as authorized in § 155.098.
      (2)   Public or civic uses.
         (a)   Church or place of worship, subject to the supplementary standards of § 155.097(C)(1);
         (b)   Family home day care, subject to the supplementary standards of § 155.097(3);
         (c)   Parks and recreation, subject to the supplementary standards of § 155.097(H);
         (d)   Group home;
         (e)   Safety services;
         (f)   School, subject to the supplementary standards of § 155.097(I); and
         (g)   Utilities, limited.
      (3)   Retail, service and office uses. Retail, service and office uses shall be limited to home occupations, subject to the supplementary standards of § 155.097(F).
   (C)   Property development standards. Each site in the R-1 Residential District shall be subject to the following property development standards:
      (1)   Lot size. The minimum lot size for single-family detached dwelling units shall be 21,780 square feet (one-half acre);
      (2)   Front setback. The minimum front setback for all uses in the R-1 District shall be 25 feet;
      (3)   Rear setback. The minimum rear setback for all uses in the R-1 District other than in-ground swimming pools shall be 20 feet; for in-ground swimming pools, the rear setback shall be eight feet;
      (4)   Interior side setback. The minimum interior side setback for all uses in the R-1 District shall be six feet;
      (5)   Street side setback. The minimum street side setback for all uses in the R-1 District shall be ten feet, unless the side street is a major thoroughfare, in which case the minimum street side setback shall be 20 feet;
      (6)   Height. The maximum height for all uses in the R-1 District shall be 28.5 feet or two and one-half stories;
      (7)   Lot coverage. The maximum impervious cover for all uses in the R-1 District shall be 20% of the lot area; and
      (8)   Landscaping. A minimum of two trees and eight shrubs shall be preserved (if existing) or planted, and maintained for all new development.
(Ord. 08-347, passed - -2008; Ord. 2013-08-06, passed 8-6-2013; Ord. 2013-08-20-1, passed 8-20-2013; Ord. 2022-10-06, passed 10-6-2022)

§ 155.077 R-1A ONE- AND TWO-FAMILY RESIDENTIAL.

   (A)   Purpose. The R-1A One- and Two-Family Residential District is intended for development of single-family residences as well as low density two-family duplex units, at a maximum gross density of six dwelling units per acre.
   (B)   Permitted uses. See the use table in § 155.096 for permitted and specific uses.
      (1)   Residential uses. Unless expressly stated otherwise, there shall be only one single-family dwelling unit per lot:
         (a)   Single-family, detached;
         (b)   Duplex; and
         (c)   Accessory uses as authorized in § 155.098 below.
      (2)   Public and civic uses. Public and civic uses shall include the following:
         (a)   Church or place of worship, subject to the supplementary standards of § 155.097(C)(1) below;
         (b)   Family home day care, subject to the supplementary standards of § 155.097(C)(3) below;
         (c)   Parks and recreation, subject to the supplementary standards of § 155.097(H) below;
         (d)   Group home;
         (e)   Safety services;
         (f)   School, subject to the supplementary standards of § 155.097(I) below; and
         (g)   Utilities, limited.
      (3)   Retail, service and office uses. Retail, service and office uses shall be limited to home occupations, subject to the supplementary standards of § 155.097(F) below.
   (C)   Property development standards. Each site in the R-1A district shall be subject to the following property development standards:
      (1)   Lot size.
         (a)   Single-family detached. The minimum lot size for single-family detached dwelling units shall be 7,300 square feet.
         (b)   Duplex. The minimum lot size for duplex dwellings shall be 11,000 square feet, subject to an overall gross density not to exceed six units per acre.
      (2)   Front setback. The minimum front setback for all uses in the R-1A district shall be 25 feet, subject to compatibility standards of § 155.060 above.
      (3)   Rear setback. The minimum rear setback for all uses in the R-1A district, other than in-ground swimming pools, shall be 20 feet; for in-ground swimming pools, the rear setback shall be eight feet.
      (4)   Interior side setback. The minimum interior side setback for all uses in the R-1A district shall be six feet.
      (5)   Street side setback. The minimum street side setback for all uses in the R-1A district shall be ten feet, unless the side street is a major thoroughfare, in which case the minimum street side setback shall be 20 feet.
      (6)   Height. The maximum height for all uses in the R-1A district shall be 28.5 feet or two and one-half stories.
      (7)   Lot coverage. Maximum impervious cover for all uses in the R-1A district shall be 20% of the lot area.
      (8)   Landscaping. A minimum of two trees and eight shrubs shall be preserved (if existing) or planted, and maintained for all new development.
(Ord. 08-347, passed - -2008; Ord. 2013-08-06, passed 8-6-2013; Ord. 2013-08-20-1, passed 8-20-2013; Ord. 2022-10-06, passed 10-6-2022)

§ 155.078 R-2 MANUFACTURED HOME DISTRICT.

   (A)   Purpose. The R-2 Manufactured Home District is established to provide for the orderly location and management of low-density manufactured home residences on individual lots.
      (1)   Manufactured homes are residential uses and should be located in areas where services and amenities are available such as those found in areas comprised of site-built houses.
      (2)   Development in this district shall not exceed a maximum gross density of six dwelling units per acre.
   (B)   Permitted uses. See the use table in § 155.096 for permitted and specific uses.
      (1)   Residential uses. Unless expressly stated otherwise, there shall be only one single-family dwelling unit per lot:
         (a)   Single-family, detached;
         (b)   Manufactured home on an individual lot; and
         (c)   Accessory uses as authorized in § 155.098.
      (2)   Public and civic uses. Public and civic uses shall include the following:
         (a)   Church or place of worship, subject to the supplementary standards of § 155.097(C)(1);
         (b)   Family home day care, subject to the supplementary standards of § 155.097(C)(3);
         (c)   Parks and recreation, subject to the supplementary standards of § 155.097(H);
         (d)   Group home;
         (e)   Safety services;
         (f)   School, subject to the supplementary standards of § 155.097(I); and
         (g)   Utilities, limited.
      (3)   Retail, service and office uses. Retail, service and office uses shall be limited to home occupations, subject to the supplementary standards of § 155.097(F).
   (C)   Property development standards. Each site in the R-2 District shall be subject to the following property development standards.
      (1)   Lot size. The minimum lot size for single-family dwelling units (manufactured or site-built) shall be 7,300 square feet.
      (2)   Front setback. The minimum front setback for all uses in the R-2 District shall be 25 feet, subject to compatibility standards of § 155.060.
      (3)   Rear setback. The minimum rear setback for all uses in the R-2 District , other than in-ground swimming pools, shall be 20 feet; for in-ground swimming pools, the rear setback shall be eight feet.
      (4)   Interior side setback. The minimum interior side setback for all uses in the R-2 District shall be six feet.
      (5)   Street side setback. The minimum street side setback for all uses in the R-1A district shall be ten feet, unless the side street is a major thoroughfare, in which case the minimum street side setback shall be 20 feet.
      (6)   Height. The maximum height for all uses in the R-2 District shall be 28.5 feet or two and one-half stories.
      (7)   Lot coverage. Maximum impervious cover for all uses in the R-2 District shall be 30% of the lot area.
      (8)   Landscaping. A minimum of two trees and eight shrubs per lot shall be preserved (if existing) or planted and maintained for all new development.
(Ord. 08-347, passed - -2008; Ord. 2013-08-06, passed 8-6-2013; Ord. 2013-08-20-1, passed 8-20-2013; Ord. 2022-10-06, passed 10-6-2022)

§ 155.079 R-3 MULTI-FAMILY RESIDENTIAL.

   (A)   Purpose. The R-3 Multi-Family Residential District is intended for development of multiple-family apartment residences, as well as one- and two-family residences, at a maximum gross density of six dwelling units per acre.
   (B)   Permitted uses. See the use table in § 155.096 for permitted and specific uses.
   (C)   Property development standards. Each site in the R-3 District shall be subject to the following property development standards.
      (1)   Lot size.
         (a)   Single-family detached. The minimum lot size for single-family detached dwelling units shall be 7,300 square feet.
         (b)   Duplex. The minimum lot size for duplex dwellings shall be 11,000 square feet, subject to an overall maximum gross density of six units per acre.
         (c)   Multi-family residential. The minimum lot size for multi-family residential development shall be 21,780 square feet for the first three dwelling units, plus additional lot area for subsequent units so that the total gross density does not exceed six dwelling units per acre.
      (2)   Front setback. The minimum front setback for all uses in the R-3 District shall be 20 feet, subject to compatibility standards of § 155.060.
      (3)   Rear setback. The minimum rear setback for all uses in the R-3 District, other than in-ground swimming pools, shall be 15 feet; for in-ground swimming pools, the rear setback shall be eight feet.
      (4)   Interior side setback. The minimum interior side setback for all uses in the R-3 District shall be six feet.
      (5)   Street side setback. The minimum street side setback for all uses in the R-3 District shall be ten feet, unless the side street is a major thoroughfare, in which case the minimum street side setback shall be 20 feet.
      (6)   Height. The maximum height for all uses in the R-3 District shall be 28.5 feet or two and one-half stories.
      (7)   Lot coverage. Maximum impervious cover for all uses in the R-3 District shall be 40% of the lot area.
      (8)   Landscaping.
         (a)   Single-family and duplex uses. A minimum of two trees and eight shrubs shall be preserved (if existing) or planted, and maintained for all new development.
         (b)   Multi-family. A minimum of 20% of the total developed lot area shall be planted and maintained as landscape area.
(Ord. 08-347, passed - -2008; Ord. 2013-08-06, passed 8-6-2013; Ord. 2013-08-20-1, passed 8-20-2013; Ord. 2022-10-06, passed 10-6-2022)

§ 155.080 R-4 MULTI-FAMILY RESIDENTIAL.

   (A)   Purpose. The R-4 Multi-Family Residential District is intended for development of multiple-family residential units, as well as single-family attached and detached dwellings and duplexes, at a maximum gross density of 12 dwelling units per acre.
   (B)   Permitted uses. See the use table in § 155.096 for permitted and specific uses.
   (C)   Property development standards. Each site in the R-4 District shall be subject to the following property development standards:
      (1)   Lot size.
         (a)   Single-family detached. The minimum lot size for single-family detached dwelling units shall be 4,500 square feet.
         (b)   Single-family attached. The minimum lot size for single-family attached dwelling units (town homes) shall be 3,000 square feet for internal lots and 4,000 square feet for corner lots.
         (c)   Duplex. The minimum lot size for duplex dwellings shall be 7,000 square feet, subject to a maximum gross density of 12 units per acre.
         (d)   Multi-family. The minimum lot size for multi-family residential development shall be 10,890 square feet for the first three dwelling units, plus additional lot area for subsequent units so that the total gross density does not exceed 12 dwelling units per acre.
      (2)   Front setback. The minimum front setback for all uses in the R-4 District shall be 20 feet, subject to compatibility standards of § 155.060.
      (3)   Rear setback. The minimum rear setback for all uses in the R-4 District, other than in-ground swimming pools, shall be ten feet; for in-ground swimming pools, the rear setback shall be eight feet.
      (4)   Interior side setback. The minimum interior side setback for all uses in the R-4 District shall be six feet.
      (5)   Street side setback. The minimum street side setback for all uses in the R-4 District shall be ten feet, unless the side street is a major thoroughfare, in which case the minimum street side setback shall be 20 feet.
      (6)   Height. The maximum height for all uses in the R-4 District shall be 35 feet or three stories.
      (7)   Lot coverage. Maximum impervious cover for all uses in the R-4 District shall be 40% of the lot area.
      (8)   Landscaping.
         (a)   Single-family and duplex uses. A minimum of two trees and eight shrubs shall be preserved (if existing) or planted, and maintained for all new development.
         (b)   All other uses. A minimum of 20% of the total developed lot area shall be planted and maintained as landscape area.
(Ord. 08-347, passed - -2008; Ord. 2013-08-06, passed 8-6-2013; Ord. 2013-08-20-1, passed 8-20-2013; Ord. 2022-10-06, passed 10-6-2022)

§ 155.081 MU MIXED USE DISTRICT.

   (A)   Purpose. The MU Mixed Use district is intended to accommodate a variety of complimentary land uses including retail, office, service and residential uses in close proximity to enable people to live, work and shop in a single location. It is further intended to create central gathering places; to encourage economic and social vitality; to promote the preservation and rehabilitation of downtown buildings; and to provide development opportunities that are safe and attractive to pedestrians and will strengthen the city's economic base.
   (B)   Permitted uses. See the use table in § 155.096 for permitted and specific uses. Primary permitted uses are retail, commercial, service, office and residential. Appropriate mixed-use development may include the following examples:
      (1)   Residential uses in conjunction with nonresidential activities, possibly located above retail and office establishments;
      (2)   Office, retail and service facilities combined to encourage linkage of trips; and
      (3)   Pedestrian-oriented storefronts, amenities and open areas.
   (C)   Property development standards.
      (1)   Because the MU Mixed Use District encompasses the downtown core of the city, limited district-based property development standards shall apply.
      (2)   New or in-fill development shall conform to the setbacks, height and massing of existing structures found throughout the Mixed Use District boundaries in order to maintain the character of the downtown area and shall include a mixture of gable roof style, frame vernacular or Victorian type architecture.
      (3)   See the use table in § 155.096 for specific development standards.
      (4)   If the immediately adjacent properties are vacant, then existing structures on the next developed lot(s) shall serve as examples of the required setbacks, height and massing. All development within the MU District shall comply with other applicable sections of this chapter including compatibility standards in § 155.076 above.
      (5)   Lot coverage. Maximum impervious cover for all uses in the MU District shall be 50% of the lot area.
(Ord. 08-347, passed - -2008; Ord. 2022-10-05, passed 10-5-2022)

§ 155.082 C-1 COMMERCIAL DISTRICT.

   (A)   Purpose. The C-1 Commercial District is established to provide areas for low intensity retail, office and service uses that are separate from but in close proximity to residential areas. Uses in this district should be compatible with surrounding neighborhoods, and should not generate excessive traffic, noise, odors and the like, that are inappropriate when adjacent or in close proximity to residential uses.
   (B)   Permitted uses. See the table in § 155.096 for permitted and specific uses.
   (C)   Property development standards. Each site in the C-1 District shall be subject to the following property development standards.
      (1)   Lot size. The minimum lot size for shall be 6,000 square feet.
      (2)   Front setback. The minimum front setback for all uses in the C-1 District shall be 15 feet, subject to compatibility standards of § 155.060.
      (3)   Rear setback. The minimum rear setback for all uses in the C-1 District shall be ten feet.
      (4)   Interior side setback. The minimum interior side setback for all uses in the C-1 District shall be six feet.
      (5)   Street side setback. The minimum side setback adjacent to a street for all uses in the C-1 District shall be ten feet, unless the side street is a major thoroughfare, in which case the minimum street side setback shall be 20 feet.
      (6)   Height. The maximum height for all uses in the C-1 District shall be 35 feet or three stories.
      (7)   Lot coverage. Maximum impervious cover for all uses in the C-1 District shall be 50% of the lot area.
      (8)   Landscaping. A minimum of 10% of the total developed lot area shall be planted and maintained as landscape area.
(Ord. 08-347, passed - -2008; Ord. 2013-08-20-1, passed 8-20-2013; Ord. 2022-10-06, passed 10-6-2022)

§ 155.083 C-2 HEAVY COMMERCIAL DISTRICT.

   (A)   Purpose.
      (1)   The C-2 Heavy Commercial District is established to provide locations for more intense commercial and service-related establishments than those permitted in the C-1 District.
      (2)   Uses in this district may have operation characteristics that are generally incompatible with residential uses.
   (B)   Permitted uses. See the use table in § 155.096 for permitted and specific uses.
   (C)   Property development standards. Each site in the C-2 District shall be subject to the following property development standards.
      (1)   Lot size. Minimum lot size for all uses in the C-2 District shall be 6,000 square feet.
      (2)   Front setback. The minimum front setback for all uses in the C-2 District shall be 15 feet, subject to compatibility standards of § 155.060.
      (3)   Rear setback. The minimum rear setback for all uses in the C-2 District shall be ten feet.
      (4)   Interior side setback. The minimum interior side setback for all uses in the C-2 District shall be six feet.
      (5)   Street side setback. The minimum side setback adjacent to a street for all uses in the C-2 District shall be ten feet, unless the side street is a major thoroughfare, in which case the minimum street side setback shall be 20 feet.
      (6)   Height. The maximum height for all uses in the C-2 District shall be 35 feet, or three stories.
      (7)   Lot coverage. Maximum impervious cover for all uses in the C-2 District shall be 50% of the lot area.
      (8)   Landscaping. A minimum of 10% of the total developed lot area shall be planted and maintained as landscape area.
   (D)   Permitted uses.
      (1)   See the table in § 155.096 for permitted and specific uses.
      (2)   A specific use permit must be obtained for a listed use other than industrial uses which are within 500 feet of property in which heavy industry is the primary use.
      (3)   A specific use permit shall be granted only if it is determined that the health and safety of persons to be on the premises granted the special use permit will not be endangered by proximity to heavy industry.
(Ord. 08-347, passed - -2008; Ord. 2022-10-06, passed 10-6-2022)

§ 155.084 I INDUSTRIAL USE DISTRICT.

   (A)   Purpose. The purpose of the I Industrial District is to provide areas for those commercial and industrial facilities which are not generally compatible with uses in other districts, emit particulates or odors, may require on-site facilities to protect the health and welfare of the citizens, or where an industrial accident or spill of toxic material may cause release of a toxic substance proximate to an inhabited area.
   (B)   Permitted uses.
      (1)   See the use table in § 155.096 for permitted and specific uses.
      (2)   A specific use permit must be obtained for a listed use other than industrial uses which are within 500 feet of property in which heavy industry is the primary use.
      (3)   A specific use permit shall be granted only if it is determined that the health and safety of persons to be on the premises granted the special use permit will not be endangered by proximity to heavy industry.
   (C)   Property development standards. Each site in the I District shall be subject to the following property development standards.
      (1)   Lot size. Minimum lot size for all uses in the I District shall be 21,780 square feet.
      (2)   Front setback. The minimum front setback for all uses in the I District shall be 25 feet, subject to compatibility standards of § 155.060.
      (3)   Rear setback. The minimum rear setback for all uses in the I District shall be 20 feet.
      (4)   Interior side setback. The minimum interior side setback for all uses in the I District shall be 20 feet.
      (5)   Street side setback. The minimum side setback adjacent to a street for all uses in the I District shall be 20 feet.
      (6)   Lot coverage. Maximum impervious cover for all uses in the I District shall be 50% of the lot area.
      (7)   Landscaping. A minimum of 10% of the total developed lot area shall be planted and maintained as landscape area.
   (D)   Performance standards for industrial districts.
      (1)   Flammable, toxic and hazardous materials.
         (a)   The storage, manufacture, utilization or dispensing of substances which may constitute or may cause danger to public health, safety or welfare shall be conducted only within the limits and conditions specified in the latest edition of the International Fire Code.
         (b)   The emission of toxic or explosive vapors, dusts or aerosols into the atmosphere shall not exceed, at the facility property line, more than 50% of the limit of such as is given in "threshold limit values" as adopted at the most recent meeting of the American Conference of Industrial Hygienists.
         (c)   No form of flammable, toxic, or other hazardous material shall be released into or upon any utility line, pit, dump, open ground, stream or drainageway.
         (d)   The container size, location, design and construction of any storage tank, building or facility for any flammable, toxic or other hazardous material shall be approved by the Fire Marshal and the Building Official as a part of the building permit application and shall be based upon the requirements of the International Fire Code and the International Building Code.
      (2)   Pollution.
         (a)   No operation or activity shall discharge or cause to be released into public waters any liquid or solid waste unless in conformance with the latest provisions of the State Commission on Environmental Quality, the State Department of Health and/or the State Railroad Commission.
         (b)   No operation or activity shall discharge or cause to be released into the atmosphere any smoke or particulate matter which exceeds the limits permitted by the latest requirements of the State Commission on Environmental Quality.
      (3)   Nuisances.
         (a)   Lighting fixtures shall be arranged to shield direct light from crossing any zone boundary line.
         (b)   No operation or activity shall at any time cause any earthborne vibration which results in a horizontal or vertical ground displacement in excess of 0.0002 inch at any facility property line.
(Ord. 08-347, passed - -2008; Ord. 2022-10-06, passed 10-6-2022)