Hamilton

Anything not specifically permitted by this Ordinance is considered to be prohibited.

In any case of difference between the purpose statements and the use regulations, the use regulations shall control.

the height limits, yard spaces, lot area, and sign requirements shall be the same as for other uses in the district

Such appeal shall be taken within 30 days after the decision appealed from...

suit may be filed within 15 days after the start of construction

decide the same within 90 days of the filing of the application or appeal.

at least 14 days before acting on any application for an administrative variance, post on the land or building involved a notice

The notice shall specify that the Zoning Administrator will approve or disapprove the application not less than 21 days after the date of notice.

approve or disapprove an application for an administrative variance not less than 21 days after the date of notice of the application nor more than 90 days after the application for the variance is received.

giving him at least five days written notice of the time and place of such hearing

After the Board of Appeals has granted a variance, the variance shall lapse after the expiration of two years if no substantial construction or change of use has taken place...

Subject to the time limits and conditions specified in this Ordinance, the rights of an owner or developer to continue a project for which a site plan has been approved shall not be abridged so long as he proceeds toward completion with reasonable care and diligence and in accordance with the terms of the approval.

The owner or developer shall have one set of approved plans, profiles and specifications available at the site at all times when work is being performed. A designated, responsible employee shall be available for contact by Administrator or Inspectors.

Upon satisfactory completion of all installation of the required improvements, the owner shall receive an approval from the Town, upon application for such approval. Such approval will authorize the release of any bond which may have been furnished for the guarantee of satisfactory installation of such improvements or parts thereof.

The installation of improvements as required in this Article shall in no case serve to bind the Town to accept such improvements for the maintenance, repair, or operation thereof, but such acceptance shall be subject to the existing regulations concerning the acceptance of each type of improvement.

All persons, firms, or corporations appealing to the Board of Zoning Appeals, necessitating the publication of notices in the newspaper or applying for special use permits under the provisions of this Ordinance or applying for an amendment to the Zoning Ordinance or a change in the classification of the district or a portion thereof, necessitating the publication of notices in the newspaper shall be required to pay in advance a fee in accordance with the schedule of fees adopted by the Town Council.

The payment of such money in advance to the Administrator as specified shall be deemed a condition precedent to the consideration of such appeal, conditional use application or amendment. Fees shall be Non-refundable.

Any violation of the provisions of this Ordinance that results in physical harm or injury to any person shall be deemed a Class 2 criminal misdemeanor and, upon conviction thereof, shall be punishable by a fine of not more than $1,000.00 for each separate offense. Each day during which the violation is found to have existed shall constitute a separate offense.

Any violation of the provisions of this Ordinance other than those set forth in Section 13.3 of this Article shall be deemed a civil violation and, upon an admission of liability or finding of liability, shall be punishable by a fine of $200.00 for the first charge and $500.00 for each additional charge. Each day during which the violation is found to have existed shall constitute a separate offense. However, in no event shall specified violations arising from the same operative set of facts be charged more frequently than once in any ten (10) day period, and in no event shall a series of specified civil violations rising from the same operative set of facts result in civil penalties which exceed a total of $5,000.00.

The summons shall provide that any person summoned for a violation may elect to pay the civil penalty by making an appearance in person or in writing by mail to the Town Treasurer at least 72 hours prior to the time and date fixed for trial and, by such appearance, may enter a waiver of trial, admit liability, and pay the civil penalty established for the offense charged.