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Hurt City Zoning Code

ARTICLE VI

- GENERAL COMMERCIAL DISTRICT C-1

Sec. 28-292. - Statement of intent.

The Commercial District C-1 covers that portion of the community intended for the conduct of general business to which the public requires direct and frequent access, but which is not characterized either by constant heavy trucking other than stocking and delivery of retail goods, or by any nuisance factors other than occasioned by incidental light and noise of congregation of people and passenger vehicles. This includes such uses as retail stores, banks, theaters, business offices, newspaper offices, printing presses, restaurants and taverns, and garages and service stations.

(Code 1967, § 4-81)

Sec. 28-293. - Use regulations.

In general, Commercial District C-1 structures to be erected or land to be used shall be used as follows:

(1)

Authorized uses, no special use permit required.

a.

Retail food stores.

b.

Bakeries.

c.

Drycleaners.

d.

Laundries and laundromats.

e.

Florist shops.

f.

Wearing apparel stores.

g.

Jewelry stores.

h.

Drug stores.

i.

Fabric shops.

j.

Barber and beauty shops.

k.

Auto and home appliance services.

l.

Theaters, assembly halls.

m.

Banks.

n.

Music shops.

o.

Restaurants.

p.

Furniture stores.

q.

Hotels, motels, tourist homes, boardinghouses, roominghouses.

r.

Office buildings.

s.

Office supply stores.

t.

Churches.

u.

Libraries.

v.

Hardware stores.

w.

Funeral homes or mortuaries.

x.

Clubs and lodges.

y.

Auto sales and service.

z.

Public utilities.

aa.

Signs as follows:

1.

Business signs as set forth in section 28-505.

2.

Temporary signs as set forth in section 28-504(5).

3.

Church bulletin boards and church identification signs as set forth in section 28-504(2).

bb.

Fences as set forth in sections 28-540 and 28-541.

cc.

All authorized uses in Districts R-1 and R-2.

dd.

As to R-1 and R-2 type uses, small solar energy facilities as provided in article IX, division 9 of this chapter.

1.

Exhibitions and special events with permit issued by town council. Any owner of property in the C-1 district planning an exhibition or special event shall file an application with the town clerk for a permit for such event not less than seven days prior to a meeting of town council scheduled before the event. Such notice shall include the following information:

(i)

Description of event.

(ii)

Date and time of the event.

(iii)

Provisions for crowd control, traffic control and parking.

(iv)

Provisions for fire protection and emergency medical services.

(v)

Provisions for bathroom facilities.

(vi)

If any part of the event is to be held after dark a description of lighting to be provided.

(vii)

Whether a request to sell alcoholic beverages will be made and if so, by whom; location of sales on the grounds and plan for isolating alcohol sales area from minors; ABC permits and plan for policing. Council reserves the right to impose restrictions on the said alcohol sales or to deny such sales entirely.

(viii)

Whether concessions will be sold and by whom.

(ix)

Provisions for litter removal.

2.

The town council will review the application at its first meeting after the date the application is filed and either approve the event as planned or direct reasonable changes to the plan which changes shall be implemented by applicant prior to the event.

(2)

Special use permit. The following uses may be permitted only upon the issuance of a special use permit by the town council with such conditions as may be imposed by the council. The council shall have the right to reject such permit application.

a.

Automobile service stations.

b.

Billiard parlors and poolrooms.

c.

Bowling alleys.

d.

Dance halls.

e.

Video game parlors.

f.

Hospitals, nursing homes and adult care homes.

g.

Arenas.

h.

Large scale solar energy facilities as provided in article IX, division 9 of this chapter.

i.

Construction business offices.

(3)

Off-street parking. Off-street parking shall be provided as required by section 28-475.

(4)

All uses in this district are subject to the provisions of article XIV of this chapter.

(Code 1967, § 4-82; Ord. of 12-3-2021, § 4-82)

Sec. 28-294. - Area regulations.

None, except for permitted uses utilizing individual water supply or sewage disposal systems, the proposed area for any such use shall be approved by the health official.

(Code 1967, § 4-83)

Sec. 28-295. - Setback regulations.

Buildings shall be located five feet or more from any street right-of-way which is 50 feet or greater in width, or 30 feet or more from the centerline of any street right-of-way less than 50 feet in width, except that signs advertising sale or rent of premises may be erected up to the property line. This shall be known as the setback line.

(Code 1967, § 4-84)

Sec. 28-296. - Frontage and yard regulations.

(a)

No requirement except that should a side or rear yard be utilized, or should the property be adjacent to a residential district, the minimum side yard shall be ten feet and the minimum rear yard shall be 20 feet.

(b)

No accessory building shall be within five feet of any property line.

(Code 1967, § 4-85)

Sec. 28-297. - Height regulations.

Buildings may be erected up to 35 feet in height from grade, except that:

(1)

A public or semipublic building such as a school, church, library, or general hospital may be erected to a height of 60 feet from grade, provided that required front, side, and rear yards shall be increased one foot for each foot in height over 35 feet.

(2)

Church spires, belfries, cupolas, monuments, water towers, chimneys, flues, flagpoles, television antennae and radio aerials are exempt. Parapet walls may be up to four feet above the height of the building on which the walls rest.

(3)

No accessory structure which is within ten feet of any party lot line shall be more than one story high. All accessory structures shall be less than the main structure in height.

(Code 1967, § 4-86)