§ 27-23. Application of district regulations.

(a)

Uniformity. The regulations set by this chapter for each district shall be minimum regulations and shall apply uniformly to each class or kind of structure or land, except as hereinafter provided.

(b)

Conformity with regulations required. No building, structure or land shall hereafter be used or occupied, and no building or structure or part thereof shall hereafter be erected, constructed, reconstructed, moved or structurally altered except in conformity with all the regulations specified in this section for the district in which it is located. This shall be deemed to include only the portion of the building, structure or land which is actually newly occupied, newly used, erected, constructed, reconstructed, moved or structurally altered after the effective date of this chapter.

(1)

Lot area deficiency: If a lot established by a plat approved by the city council contains less area than is required by current ordinances, such deficiency shall not prevent the use of such lot, subject to other applicable regulations.

(2)

Width deficiency, setback lines: In previously platted subdivisions, the building need not be set back from the property line any further than a majority of principal buildings previously constructed in the subdivision except as necessary to achieve a sixty-foot width at the front building line.

(3)

Lots reduced by eminent domain: If the area of a legally platted lot meeting the current area minimums for lots in the same zoning districts is reduced by no more than fifteen (15) percent by eminent domain or conveyance to an entity capable of acquiring such property by eminent domain, such lot shall not be deemed to be nonconforming, and any required landscaping, parking, and open space contained within the area taken shall continue to be counted against the total required for existing or proposed development.

(4)

Unplatted property: If property currently under separate ownership from adjacent property does not meet present minimum area or width requirements such deficiency shall not prevent utilization of the property if a plat of the property is approved by the city council.

(c)

Grades, open spaces, off-street parking or loading spaces. No part of a yard, or other open space, or off-street parking or loading space required about or in connection with any building or use for the purpose of complying with this chapter, shall be included as part of a yard, open space or off-street parking or loading space similarly required for any other building or use.

(d)

Newly annexed territory:

(1)

All territory which may hereafter be annexed to the city shall automatically be classed as lying and being in district R-1 until such classification shall have been changed by an amendment to the zoning ordinance as provided by law.

(2)

No person shall erect, excavate, construct or proceed or continue with the erection or construction of any building or structure or add to, enlarge, move, improve, alter, repair, convert or demolish any building or structure or cause the same to be done in any area of the city or in any newly annexed territory to the city without first applying for and obtaining a building permit therefor from the enforcing officer as may be required in applicable city ordinances.

(e)

Completion of buildings. Nothing herein contained shall be deemed to require any change in the plans, construction or use of a building for which a currently valid building permit has been obtained at the time of passage of this chapter, as long as the entire building is completed within one (1) year from the effective date of this chapter. The zoning board of adjustment, upon application, may grant one (1) extension of the time of completion of not more than one (1) year upon a showing of reasonable progress of construction. Any building permit in effect at the passage of this chapter shall become void if construction is not begun within one hundred twenty (120) days thereof.

(f)

Occupancy of dwelling units. No dwelling unit shall be occupied except by a family, as the term is defined in this chapter.

(g)

Uses permitted only in districts when specifically allowed. No use is permitted in any district unless it is specifically allowed by the regulations governing such district. Any use not named in any district is prohibited from the entire city. A use named in any district and not named in any other district is allowed only in the district where it is named. Where district regulations specifically allow permitted uses from another district, such shall allow only those uses appearing under the permitted uses section of such other district, and shall not allow planned development uses or conditional uses.

(h)

Alcoholic beverage sales. The terms "retail sales," "cafes," "restaurants," "cafeterias," "drive-through eating establishment," and "drive-in eating establishment" and "convenience food store" do not include the right to sell alcoholic beverages unless the general condition of the zoning district permits such sale.

(i)

Community homes for disabled persons. Community homes for disabled persons will be allowed in any district zoned as residential.

(j)

Temporary permits. Notwithstanding the requirements for districts and for uniformity of regulations, the city manager or his designee may, after a local disaster, such as a tornado, hail storm, flooding, explosion or conflagration, issue a temporary permit authorizing use of property not otherwise allowed by this Chapter 27, for a term of up to sixty (60) days after such local disaster if, in his opinion, such use will assist Hurst residents in coping with such disaster. Such permit shall not create any rights to a nonconforming use and may be conditioned as the city manager or his designee shall see fit.

(Code 1965, Ch. 27, §§ 21.1—21.8; Ord. No. 1164, § 1, 1-27-87; Ord. No. 1228, § 3, 4-26-88; Ord. No. 1365, § 2, 6-9-92; Ord. No. 1498, § 1, 7-25-95)