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Evart City Zoning Code

ARTICLE III

REGULATED USES AND DIMENSIONS

Sec. 44-104.- Land use and zoning district table.

The use table in section 44-109 lists by land use type (i.e. residential, commercial, etc.) where a particular land use is allowed in a respective base zoning district.

(Ord. of 11-6-2017, § 3.1)

Sec. 44-105. - Unlisted uses.

If an application is submitted for a use type that is not classified in the land use table in section 44-109, the planning commission is authorized to classify the new or unlisted use type into an existing land use category that most closely fits the new or unlisted use. If no similar use determination can be made, the planning commission may initiate an amendment to this chapter.

(Ord. of 11-6-2017, § 3.6)

Sec. 44-106. - Land use type.

Land use types listed in the land use and base zoning district table are defined in section 44-3.

(Ord. of 11-6-2017, § 3.7)

Sec. 44-107. - Compliance with district regulations.

Compliance with district regulations shall be required as follows:

(1)

No building or structure shall be erected, converted, enlarged, reconstructed, relocated or structurally altered, nor shall any building or land be used, except for a purpose or use permitted in the district in which the building or land is located, nor in excess of the height and bulk limits established for such district.

(2)

No building or structure intended for a dwelling use shall be erected, converted, enlarged, reconstructed or structurally altered except in conformity with the floor area regulations of the district in which it is located.

(3)

No building or structure shall be erected, converted, enlarged, reconstructed, relocated or structurally altered except in conformity with the yard and lot area regulations and the off-street parking and loading regulations of the district in which such building is located.

(4)

The minimum yards, parking space and other open spaces, including lot area per family, required by this chapter for any building hereafter erected or structurally altered, shall not be encroached upon or considered open space or lot area requirement for any other building, nor shall any other lot area be reduced beyond the district requirements of this chapter.

(5)

Every building or structure hereafter erected or structurally altered shall be located on a lot as defined, and in no case shall there be more than one principal building on one lot, except as provided in parts of this article.

(Ord. of 11-6-2017, § 3.8)

Sec. 44-108. - Uses contrary to law.

Uses for enterprises or purposes that are contrary to federal, state and city statutes, laws, or ordinances are prohibited.

(Ord. of 11-6-2017, § 3.9)

Sec. 44-109. - Regulated uses.

Zoning Districts

Regulated Uses R-1 R-2 R-3 R-4 C-1 C-2 I-1 I-2
Principal
Single-family dwellings P P P
Two-family dwellings S P P S
Multiple-family dwellings S P S
Mobile homes P
Family day care homes P P P P
Home occupations P* P* P* P*
State-licensed residential facilities (6 or fewer persons) P* P* P* P* P*
Adult day care homes S S S S S
Bed and breakfasts S* S* S*
Counseling rooms S S S
Group day care homes S S S
Public or institutional uses S S S S S S S S
State-licensed residential facilities (over 6 persons) S* S* S* S*
Banks P P P
Dental/medical clinics P P
Retail P P
Offices P P
Service establishments P P
Restaurants P P P
Second floor residential units P
Car washes P P P
Drive-through restaurants S S S
Funeral homes S S S P
Motels S P P
Gasoline service stations S* S* S*
Veterinary clinics and groomers, no animals outdoors P P
Adult entertainment businesses S*
Childcare centers S S S S
Outdoor sales S* S*
Vehicle repair (major) S P P
Research and development P P
Material processing and warehousing S* S*
Wholesale P P
Airports S
Hotels S S
Salvage yards S
Marihuana safety compliance facilities S*
Marihuana processor facilities S*
Marihuana secure transporters S*
Marihuana grower/excess grower facilities S*
Marihuana provisioning centers/retailer S*
Medical marijuana dispensary S*

 

If a land use is permitted by right in a zoning district, it is identified by the symbol "P."
The symbol "S" is noted if a land use is permitted after review and approval as a special land use in accordance with article IV of this chapter.
If a land use type is not allowed in a base zoning district, it is blank without a "P" or "S."
Land use types, denoted with an "*," are further regulated with site-specific standards as identified in article VII of this chapter, regarding general and specific standards.

(Ord. of 11-6-2017, §§ 3.2—3.5, 3.10; Ord. No. 2019-11, § 1, 10-21-2019; Ord. No. 2022-01, § 1, 1-3-2022)

Sec. 44-110. - Schedule of dimensional requirements.

The regulations in this section specify parcel dimensions, setback requirements for parcels in each zoning district.

Dimensional Requirements

Zoning District Min.
Lot
Area
(sq. ft.)
Min.
Lot
Width
(ft.)
Min.
Front
Yard
(ft.)*
Min.
Side
Yard
(ft.)
Min.
Rear
Yard
(ft.)
Max.
Height
(ft.)
Min.
Floor
Area/Unit
(sq. ft.)
Max.
%
Lot
Coverage
R-1 Low-Density Residential 10,200 85 25 10 20 25 850 25
R-2 Medium-Density Residential 676 25
One-family dwelling 8,500 66 20 5 10 25
Two-family dwelling 10,200 80 20 10 10 25
R-3 High Density Residential 576 25
One-family dwelling 6,200 50 20 5 10 25
Two-family dwelling 10,200 80 20 10 10 25
Multifamily dwelling 10,200 100 30 20 20 30
C-1 Central Business N/A N/A 0 0.5 10 42 N/A N/A
C-2 General Business N/A N/A N/A 25 10 42 N/A N/A
I-1 Light Industrial N/A N/A 25 20 20 42 N/A N/A
I-2 General Industrial N/A N/A 30 30 30 42 N/A N/A

 

Reference Notes:

1. A lot that is platted or otherwise of record as of the effective date of the ordinance from which this article may be used as regulated in article V of this chapter.

2. Buildings on lots having frontage on two or more intersecting or non-intersecting streets shall comply with front yard requirements on all such streets.

3. The following buildings and structures shall be exempt from height regulations in all zoning districts: parapet walls not exceeding four feet in height, chimneys, cooling towers, elevator bulkheads, fire towers, grain elevators, silos, stacks, elevated water towers, storage towers, scenery lofts, monuments, cupolas, domes, spires, penthouses housing necessary mechanical appurtenances and communication and transmission antennas and towers that are controlled by the FCC.

4. Churches, agricultural buildings and indoor recreation buildings are permitted up to 42 ft. in height subject to planning commission approval.

5. A minimum of 3,500 square feet of land area shall be provided for each dwelling unit.

6. If the building is not structurally attached to an adjacent building or is not located immediately upon the property line, a side yard setback of ten feet shall be required.

7. If the side or rear yard abuts a property zoned residential, a 30-foot side or rear yard is required.

8. The minimum front yard setback shall be the distance indicated above or the average setback distance of block, whichever is less.

(Ord. of 11-6-2017, § 3.11)