Article V. District Use Regulations

Sec. 31-74. District R-1 - Single Family Residential District

A. INTENT AND PURPOSE OF DISTRICT  The"R-1" Single Family District is established for the purpose of single-family dwelling and to allow certain public facilities. It is intended that no use be permitted in this district that will tend to devaluate property for residential purposes or interfere with the health, safety, order or general welfare of persons residing in the district. Regulations are intended to control density of population and to provide adequate open space around buildings and structures in the district to accomplish these purposes.

B. DISTRICT REGULATIONS In District "R-1", no structure or land shall be used and no structure shall be erected, altered or enlarged, which is arranged, intended or designed for other than one of the uses listed in the Use Regulations.


1. Single family dwellings.


2. Public parks and recreation areas and community buildings owned and operated by a public agency.


3. Church plants and synagogues (not permitted in converted residential building or structure in this district, unless they are in full compliance with the building code for such use).


4. Reserved.


5. Public or parochial schools, elementary, jr. high and high schools and private schools with equivalent curriculum.


6. Accessory buildings and uses.


7. Home occupations, only within the principal residential structure.


8. Golf courses, except miniature and pitch and putt golf courses and driving tees operated for commercial purposes.


9. A private stable will be allowed on a lot having an area of more than twenty thousand (20,000) square feet, provided that it is located not less than one hundred (100) feet from the front lot line, but not less than thirty (30) feet from any side or rear lot line. On such lots there shall not be kept more than one horse, pony or mule for each ten thousand (10,000) square feet of lot area, and one cow for each twenty thousand (20,000) square feet of lot area. Twenty-five (25) fowl shall be permitted for each twenty thousand (20,000) square feet of lot area. No such fowl shall be kept or housed nearer than one hundred (100) feet to the front lot line, or thirty (30) feet from any side or rear lot line. City ordinances of Chapter 5 shall apply.


10. The Planning Commission may, by special use permit, authorize the following exceptions subject to such conditions as the Board deems necessary to include, but not restricted to, proper setbacks, landscaping, screening, fencing, maintenance provisions and other similar requirements.

a. Any public building erected or land used by any department of the City, County, State or Federal Government.


b. Telephone exchange, electric substations, cable T.V. or other similar public utilities.


c. Cemetery or crematory.


d. Group day care home and day care center.


e. Tourist Home.


f. Hospitals. (Amended 7/3/89 Ordinance No. 6416)


g. Offices and office buildings, including offices for abstractors, accountants, actuaries, attorneys, doctors, physicians and other similar professionals; storage in bulk or warehouse for such materials as computers, computer related high-tech products, computer software and dry prepackaged nonperishable products: telemarketing; telecomputing; distribution of computers, computer related high-tech products, computer software and dry prepackaged nonperishable products; so long as parcels are shipped from the premises only by United Parcel Service, Federal Express or United States Mail; Provided, however, that this special use may be granted only with respect to a building previously used as a hospital for not less than 25 years with no intervening use inconsistent with this special use; Provided further that no materials shall be stored outside the confines of the structures existing on the land as of the date the special use permit is granted; Provided further that the special use permit shall specify the parking regulations for the affected property; and Provided further that the structures existing on the premises as of the date the special use permit is granted shall not be expanded upward or outward, and no new structures shall be constructed on the premises.(Amended 10/26/92 Ordinance No. 6658)
h. Masonic Meeting Halls. (Amended 12/7/87 by Ordinance No. 6299)


D. INTENSITY OF USE REGULATIONS Every building or portion of building hereafter erected or altered for residence purposes in District "R-1" shall provide a lot area of not less than eight thousand (8,000) square feet per family, provided that where a lot has less square feet than herein required in separate ownership as of November 16, 1981, but not less than five thousand (5,000) square feet, this regulation shall not prohibit the erection of a one family dwelling. Where a public or community sewer is not available and in use for the disposal of all sanitary sewerage, each lot shall provide no less than fifteen thousand (15,000) square feet per family. Every lot shall have a minimum frontage of sixty (60) feet on a street. No parabolic (dish) antenna shall be located in the front yard or side yard. (Amended 12/7/87 by Ordinance No. 6299)

E. HEIGHT REGULATIONS No building shall exceed forty-five (45) feet in height.


1. Front Yards:​

a. The front yard shall be a minimum of twenty-five (25) feet in depth measured from the front lot line. However, where the frontage upon the same side of a street between intersecting streets is occupied or partially occupied by a building or buildings having front yards of greater depth than are required by this chapter, no other lot upon the same side of such street between such intersecting streets shall be occupied by a building with a front yard of less that the least depth of any such existing front yards, unless by permission of the Board of Adjustment. This shall not be deemed to require a front yard of more than one hundred (100) feet.


b. Where lots have double frontage, the required front yard shall be provided on both streets.


c. In those instances where lots front on both intersection streets within the same block, no building on a corner lot shall project more than five (5) feet in front of the building line established for buildings fronting on the intersecting street.

2. Side Yards:
There shall be a side yard having a width of not less than five (5) feet as measured from the outer projection on each side of the principal residential building and all other permitted and conditional uses shall provide a five (5) foot side yard.

3. Rear Yards :
There shall be a rear yard having a depth of not less than twenty-five (25) feet or thirty (30%) percent of the depth of the lot, whichever amount is smaller.

G. PARKING REGULATIONS The following number of off-street parking spaces are required in District "R-1" for the following uses:

1. Single family: Two spaces per dwelling unit.

2. Churches: One parking space for each six seats based upon the maximum designated seating capacity, including choir lofts.

3. Elementary, junior high and equivalent parochial and private schools: Two for each classroom.

4. High schools, colleges, universities and other similar public or private institutions of higher learning: Eight parking spaces for each classroom plus one space for each two employees.

5. Stadiums, auditoriums or gymnasiums: One parking space for each 3.5 seats based upon the maximum designated seating capacity.

City of Marshall