Hamilton
Zoning districts
8 districts, grouped by category.
Commercial
3Office and Limited Commercial District
- Min lot
- 20,000 sq ft (0.46 ac)
- Max height
- 30 ft
- Permitted uses
- 10
Retail Sales and Service Commercial District
- Min lot
- 20,000 sq ft (0.46 ac)
- Max height
- 35 ft
- Permitted uses
- 18
Rural-Commercial Transition District
- Min lot
- 10,000 sq ft
- Max height
- 35 ft
- Front setback
- 0 ft
- Permitted uses
- 31
Residential
4R-1 Single-Family Residential District
- Min lot
- 40,000 sq ft (0.92 ac)
- Max height
- 35 ft
- Max density
- 1 du/ac
- Permitted uses
- 5
Single-Family Residential District
- Min lot
- 15,000 sq ft (0.34 ac)
- Max density
- 2 du/ac
- Permitted uses
- 4
R-3 Residential District
- Min lot
- 10,000 sq ft
- Max height
- 3 ft
- Front setback
- 20 ft
- Max density
- 3 du/ac
- Permitted uses
- 5
R-6 Residential District
- Min lot
- 2,000 sq ft
- Front setback
- 2 ft
- Max density
- 6 du/ac
- Permitted uses
- 6
General provisions
129 rules that bind every district rather than one — sign regulations, parking, floodplain and the rest of the code’s citywide chapters.
Approval by the Town Council of a concept plan for a special use permit shall be valid for a period of two years. Following approval by the Council, a site plan shall be prepared and filed.
A temporary site plan may be approved by the Administrator for a proposed development or land use for a period not to exceed one (1) year, where development is in progress and all buildings are of a temporary nature. The drainage, erosion, and sediment control practices, parking, screening, fencing, services, and utility requirements of this Ordinance and this Section may be modified for the purpose of a temporary plan.
Prior to the approval of such temporary site plan a cash bond or letter of credit approved by the Town Attorney, may be required to guarantee that all structures erected under the plan will be removed at the expiration of the period for which the permit was issued.
No permit shall be issued for any structure in any area covered by a site plan that is required under the provision of this Article except in conformity to such plan which has been duly approved. Permits issued under an approved site plan may be revoked by the Administrator for failure to comply with the approved plan, the conditions attached thereto, or other applicable regulations.
Prior to approval of a zoning permit there shall be executed by the owner or developer, an agreement to construct such required physical improvements in form and substance as approved by the Town. The Town may require a bond with surety or conditions acceptable to the Town Attorney in the amount of the estimated cost of the required physical improvements
Approval of a site plan submitted under the provisions of this Article shall expire five years after the date of such approval unless building permits have been obtained for construction in accordance therewith. A single one-year extension may be given, upon written request by the applicant, to the Administrator, made within ninety (90) days before the expiration of the approved site plan.
The floodplain district is hereby established as an overlay district, meaning that it is a district overlaid upon other districts as shown on the Official Zoning Map, and as such, the provisions for the floodplain district shall serve as a supplement to the underlying district provisions.
For the purposes of assuring careful use of difficult topography and good arrangement, appearance, function, and harmony with surroundings and adjacent uses and the objectives of the comprehensive plan, and compliance with the requirements of these regulations, site plans shall be submitted and reviewed in accordance with the requirements and procedures of this ordinance and the requirements set forth in Article 5 of the Land Development and Subdivision Ordinance.
Accessory Dwelling Unit. A subordinate dwelling unit in a main building for use as a complete, independent living facility with provision within the accessory dwelling for cooking, eating, sanitation, and sleeping.
Parking Space Off-Street: An all-weather surfaced area not in a street or alley and having an area of not less than 162 square feet (9' x 18'), exclusive of driveways, permanently reserved for the temporary storage of one vehicle and connected with a street or alley by a paved driveway which affords ingress and egress for an automobile without requiring another automobile to be moved.
Junk Yard or Automobile Graveyard: An area of more than two hundred square feet of land area in any location for the storage, keeping or abandonment of junk, including scrap metals or other scrap materials.
Junk Yard or Automobile Graveyard: ... The term "junk yard" shall include the term "automobile graveyard" as any lot or place which is exposed to the weather upon which more than five motor vehicles of any kind, incapable of being operated, are placed.
Manufactured Home: ... The term also includes parts trailers, travel trailers, and other similar vehicles on a site for greater than 180 days.
Outdoor Storage: The keeping in an unroofed area of any goods, junk, material, merchandise, or vehicles in the same place for more than one (1) week.
Short Term Rental: The provision of a room or space that is suitable or intended for occupancy for dwelling, sleeping, or lodging purposes, for a period of fewer than 30 consecutive days, in exchange for a charge for the occupancy.
Hotel, Motel, Motor Lodge or Tourist Home: A building in which lodging or boarding and lodging are provided for 14 or more persons, primarily transient and offered to the public for compensation and in which room assignments are made through a lobby or office supervised by a person in charge at all hours.
Rooming House: A building other than a hotel, motel, or motor lodge where, for compensation and by pre-arrangement for definite periods, lodging, meals, or lodging and meals are provided for three or more persons but containing no more than five sleeping rooms.
Garage, Private: Accessory building designed or used for the private storage of not more than three (3) automobiles owned and used by the occupants of the building to which it is accessory, with no facilities for mechanical service or repair of a commercial or public nature. On a lot occupied by a multiple-unit dwelling, the private garage may be designed and used for the storage of twice as many automobiles as there are dwelling units. A garage which is attached to the main dwelling structure shall be considered part of that structure for purposes of setback, yard and height regulations.
Manufactured Home: A structure subject to federal regulation, which is transportable in one or more sections; is eight body feet or more in width and forty body feet or more in length in the traveling mode, or is 320 or more square feet when erected on site; is built on a permanent chassis; is designed to be used as a single-family dwelling, with or without a permanent foundation, when connected to the required utilities; and includes the plumbing, heating, air conditioning, and electrical systems contained in the structure.
Modular Home: A movable or portable dwelling over 32 feet in length and over 20 feet wide, designed and constructed without a carriage or hitch, as a stationary house constructed for placement upon a permanent foundation, to be connected to utilities, for year-round occupancy.
Source documents
The chapters of the adopted code that were retrieved, read and extracted from. Everything above traces back to one of these.
- Chapter 18.3K charsRead →
- Chapter 1013.3K charsRead →
- Chapter 1129.3K charsRead →
- Chapter 1230.3K charsRead →
- Chapter 1348.7K charsRead →
- Chapter 14120.5K charsRead →
- Chapter 155.8K charsRead →
- Chapter 1682.5K charsRead →
- Chapter 173K charsRead →
- Chapter 215.9K charsRead →
- Chapter 325.1K charsRead →
- Chapter 4162.6K charsRead →
- Chapter 517.7K charsRead →
- Chapter 639.2K charsRead →
- Chapter 771.1K charsRead →
- Chapter 880.5K charsRead →
- Chapter 994.5K charsRead →