(a)

For the purpose of this article, the city is divided into districts as designated below:

(1)

A/F: Agriculture/forestry.

(2)

R-1: Low-density residential.

(3)

R-2: High-density residential.

(4)

C: Commercial.

(5)

CD: Commercial downtown.

(6)

PUD: Planned unit development.

(b)

The following districts are overlay zones which add certain requirements to the districts listed above to meet the objectives of the city. The regulations of the underlying zoning district shall be maintained and not affected, except in the event of conflict between the overlay and underlying districts. In that case, the more restrictive requirement shall be observed.

(1)

M: Manufacturing overlay.

(2)

N: Natural overlay.

(Ord. of 3-12-2007, art. IV, § 1)

The boundaries of the zoning districts are hereby established as shown on the map entitled "The Zoning Map of the City of Hamilton, Georgia." Said map is hereby made a part of this article and shall be available for public inspection at the city hall together with applicable amendments. As evidence of its authenticity, the zoning map and amendments shall be certified by the city clerk.

(Ord. of 3-12-2007, art. IV, § 2)

(a)

Unless otherwise specified, district boundary lines shall be as follows in the following priority ranking:

(1)

Lines shall be property or lot lines.

(2)

The center lines of streets or such lines extended.

(3)

A line midway between the main tracks of a railroad.

(4)

A line lying in the center of a stream or drainage way.

(5)

The city limits of Hamilton.

(b)

Boundaries drawn so as to appear on these lines shall be considered thereon. Where district boundary lines parallel street rights-of-way or other discernible topographic features, the exact distance may be scaled from the map. Where a district boundary line divides a lot which was in single ownership at the time of adoption of the ordinance from which this article is derived, the planning commission may permit, as a conditional use, the extension of the regulations for either portion of the lot, not to exceed 50 feet beyond the district line into the remaining portion of the lot.

(Ord. of 3-12-2007, art. IV, § 3)

The requirements by district are established to ensure that each district is reserved primarily for its intended use, including public and semi-public uses which are necessary to serve the needs of the district. The intent is to promote stability and character of land development and to promote the most desirable use of land in accordance with the comprehensive plan.

(Ord. of 3-12-2007, art. IV, § 4)

There shall be permitted in all districts the following uses:

(1)

Public utilities, but not including power and gas substations and pumping stations.

(2)

Accessory structures and uses, including satellite receiving equipment, gardens, private garages, carports, off-street parking spaces, pets for personal enjoyment and not for business, storage of recreational equipment for personal use, swimming pools, game courts for use by occupants and their guests, and storage buildings for domestic use.

(Ord. of 3-12-2007, art. IV, § 5)

Conditional uses require particular consideration by the planning commission as to their proper location to adjacent established uses and/or districts, to existing and proposed infrastructure and to the planned growth of the community.

(1)

The city clerk shall notify by letter all adjacent property owners as to the date, time and place of the public hearing before the planning commission. Such notices shall be mailed to each of such owners not less than 15 days prior to the hearing.

(2)

The planning commission shall consider the zoning standards set forth in section 44-186, in review of conditional uses.

(Ord. of 3-12-2007, art. IV, § 6)

There shall be permitted in all districts the following conditional uses with approval of the planning commission after review of a site plan:

(1)

Public utilities not otherwise specified, including power and gas substations and pumping stations, provided the following conditions are met:

a.

The fence around such structures shall be placed not less than 25 feet from any property line.

b.

No vehicles or equipment shall be stored on the premises.

c.

The lot is suitably landscaped with a buffer strip at least ten feet wide along the side and rear property lines and maintained in an aesthetically pleasing condition.

(2)

Public buildings of a governmental nature, including libraries and schools, including private schools and churches.

(3)

Home occupations.

(4)

Public recreation facilities, stadiums, ball fields and athletic courts.

(Ord. of 3-12-2007, art. IV, § 7)

In the event an applicant wishes to use property for a use which is not specifically identified under permitted uses, the use chart, or uses permitted subject to the approval of the planning commission, and where such use is not specifically prohibited from the district, the following provisions shall apply:

(1)

The city clerk or designee shall submit to the planning commission a written request for determination of the unclassified use.

(2)

The planning commission shall review the request as submitted and determine if the proposed use is of a similar character to the district in which it is proposed.

(3)

If the planning commission determines that the use is of a similar character and meets the intent of the uses permitted within the district, then it shall instruct the building inspector to issue a permit.

(4)

In the event that the planning commission determines that the proposed use in the district is consistent with the character and intent of conditional uses, then the applicant shall apply for a conditional use permit subject to approval in the normal manner.

(5)

In no event shall the provisions of this section be used to allow an incompatible use or use specifically prohibited by this article within a certain district.

(6)

Once the use has been allowed or disallowed by the planning commission, it shall then be considered classified under the appropriate category in the district.

(Ord. of 3-12-2007, art. IV, § 8)

All areas which are annexed into the city after the effective date of the ordinance from which this article is derived will be annexed as per state regulations.

(Ord. of 3-12-2007, art. IV, § 9)

(a)

Agriculture/forestry (A/F). The agriculture/forestry district (A/F) is established to maintain those areas of the city which are agricultural and/or forestry in character and use. Development in this district will be limited to residential acreage tracts of four or more acres and customary agricultural and/or forestry uses. No new A/F district can be created which contains less than four acres.

(1)

Permitted uses.

a.

Agricultural and horticultural uses, including the production of field crops, fruit, nuts, and vegetables.

b.

Raising of pastured livestock and operation of horse stables, provided that the buildings used to shelter livestock or horses are a minimum of 50 feet from any property line.

c.

Animal hospitals and kennels, provided the buildings housing animals are a minimum of 50 feet from any property line.

d.

Single-family dwellings.

e.

Nurseries and greenhouses.

f.

Forestry and fisheries.

g.

Sale of produce raised on-premises, provided that any structure erected for the purpose fronts on an arterial or collector street and is located at least 500 feet from any residential district.

h.

Customary accessory uses, except that no vehicle not in operating condition shall be parked in the front or side corner yards of a dwelling. Such vehicles shall be in the rear yard or in a garage/carport; and all vehicular parts shall be within an enclosed building.

i.

Modular housing that meets the definition listed in section 44-6.

(2)

Conditional uses.

a.

Nonprofit fraternal organizations and clubs, provided that the building is located at least 25 feet from any property line and provided that a ten-foot-wide planted, natural or structural buffer is planted and/or retained alongside and rear lot lines when the lots abut a residential district. The buffer is in addition to the setback.

b.

Bed and breakfast inns, provided that a ten-foot-wide planted, natural or structural buffer is planted and/or retained alongside and rear lot lines when abutting or are across the collector or local street from a residential district.

c.

Cemetery/public, provided that a ten-foot-wide planted, natural or structural buffer is planted and/or retained along the side and rear lot lines abutting or are across the collector or local street from a residential district.

d.

Communication towers, provided that:

1.

The location is at least 1,000 feet from any residential district.

2.

The lot is suitably landscaped with a ten-foot-wide planted, natural or structural buffer planted and/or retained along the side and rear lot lines which abut or are across a collector or local street from a residential district.

3.

The fence around such structures shall be placed not less than 25 feet from any property line.

4.

No vehicles or equipment shall be stored on the premises.

e.

Nursery schools and day care centers, provided that the facility meets licensing requirements of the state and provided that a ten-foot-wide planted, natural or structural buffer strip is planted and/or retained alongside and rear property lines which abut or are across the collector or local street from R1 districts.

(b)

Low-density residential district (R-1). The low-density residential district (R-1) is established to provide and protect areas suitable for single-family dwellings together with associated nonresidential uses which are necessary and compatible with residential land use. Those areas are intended to be geographically defined and protected from the encroachment of uses not performing a function necessary to a residential environment.

(1)

Requirements for low-density residential use.

a.

Any major subdivision which is built in or abutting an established residential area shall have a ten-foot-wide planted, natural or structural buffer planted and/or retained along the lot sides abutting an established residential zone.

b.

Any subdivision, whether minor or major, shall establish a five-foot-wide landscaped area along the rights-of-way of all adjoining public streets. The landscaped area shall include one six-foot tree for every 20 feet of frontage, with the area between trees being planted with shrubs and groundcover.

(2)

Permitted uses.

a.

Site-built single-family dwellings.

b.

Customary accessory uses, except that no vehicle not in operating condition shall be parked in the front or side corner yards of a dwelling. Such vehicles shall be in the rear yard or in a garage/carport; and all vehicular parts shall be within an enclosed building.

c.

Modular housing that meets the definition listed in section 44-6.

(3)

Conditional uses.

a.

Nonprofit fraternal organizations, provided that the building is located at least 50 feet from any property line and provided that a ten-foot-wide planted, natural or structural buffer is planted and/or retained along the side and rear property lines when the lot abuts a residential district.

b.

Agricultural and horticultural uses, including the production, but not the sale, of field crops, fruit, nuts, and vegetables.

c.

Nurseries and greenhouses.

(c)

High-density residential district (R-2). The high-density residential district (R-2) is established to promote and encourage the development of multi-dwelling units and structures in areas served by facilities and services necessary to result in efficient, but not overcrowded, high-density development. Intensities of land development should be limited to avoid congestion of buildings and traffic and to provide adequate open space for a healthful and tasteful environment. Nonresidential uses permitted on review should be limited to those necessary to directly serve residents in high-density residential districts. High-density developments may be apartments, condominiums, or townhouses.

(1)

Requirements for high-density residential use.

a.

Development which exceeds four units per acre shall provide a ten-foot-wide planted, natural or structural buffer strip along the lot lines abutting an R-1 district.

b.

Development which exceeds four units per acre shall establish a five-foot-wide landscaped area along the rights-of-way of all adjoining public streets. The landscaped area shall include one six-foot tree for every 20 feet of frontage, with the area between trees being planted with shrubs and groundcover.

c.

High-density residential uses which require front and/or side corner setbacks shall establish a five-foot-wide landscaped area along the rights-of-way or all adjoining public streets. The landscape shall include one six-foot tree for every 20 feet of frontage, with the area between trees being planted with shrubs and groundcover.

(2)

Permitted uses.

a.

Site-built single-family dwellings.

b.

Duplex (two-family) dwellings.

c.

Townhouses, apartments and condominiums not exceeding ten dwelling units per acre.

d.

Customary accessory uses, except that no vehicle not in operating condition shall be parked in the front or side corner yards of a dwelling. Such vehicles shall be in the rear yard or in a garage/carport; all vehicular parts shall be within an enclosed building.

e.

Bed and breakfast inn.

(3)

Conditional uses.

a.

Double-wide manufactured housing units that meet the following requirements:

1.

Solid foundation.

2.

Roof structure compatible with surrounding dwellings.

3.

Siding which is residential in appearance, including clapboards, simulated clapboard (conventional vinyl or metal siding) or plastic panels.

4.

Porches and decks which meet CABO codes.

5.

Square footage within 75 percent of surrounding dwellings.

b.

Group housing projects. Projects may contain up to 16 units per acre with a site plan approved by the planning commission. When a housing development is not to be subdivided into the customary streets and lots or when an existing or contemplated street and lot layout makes it impractical to apply the requirements of this article to the individual dwellings proposed, application of the terms of this article may be varied in a manner which will be in harmony with the character of the area. The site plan shall show substantially the same average intensity of land use and standard of open space permitted by the R2 district. In no case shall a use or building height be allowed other than as permitted in the R2 district.

c.

Nursery schools and day care centers, provided that the facility meets the licensing requirements of the state and a ten-foot-wide planted, natural or structural buffer strip is planted and/or retained alongside and rear property lines which abut or are which are across a collector or local street from R1 districts.

d.

Nonprofit fraternal organizations and clubs, provided that the building is located at least 15 feet from any property line other than residential. A ten-foot-wide planted, natural or structural buffer strip will be planted and/or retained alongside and rear lot lines when the lot abuts a residential district.

(d)

Commercial district (C). The commercial district (C) is established to provide areas suitable for retail trade and service activities together with associated uses which are necessary and compatible with commercial use.

(1)

Permitted uses.

a.

Agricultural and horticultural sales.

b.

Single-family dwellings.

c.

Bed and breakfast inns.

d.

Duplex (two-family) dwellings.

e.

Nurseries and greenhouses.

f.

Nonprofit fraternal organizations and clubs, provided that the building is located at least 15 feet from any property line, other than residential. A ten-foot-wide planted, natural or structural buffer strip will be planted or retained along the side or rear lines when the lot abuts a residential district.

g.

Communication towers, provided that they are located at least 1,000 feet from any residential property line.

h.

Modular homes as defined in section 44-6.

i.

Automotive sales and service.

j.

Building materials and supplies, except sawmills.

k.

Customary uses, except that no vehicle not in operating condition shall be in an enclosed building.

(2)

The following are general categories:

a.

Business and professional services.

b.

Commercial recreation and entertainment.

c.

Health services.

d.

Lodging.

e.

Personal services.

f.

Repair services.

g.

Restaurants.

h.

Retail sales.

See the use chart for more specific uses.

(3)

Conditional uses. Planned shopping centers with a site plan approved by the planning commission.

a.

A planned shopping center consists of two or more buildings developed on a plot of land at least two acres in area and not subdivided into customary streets and lots. The planned shopping center shall be subject to the following conditions:

1.

Uses permitted include stores for the sale of retail goods, customary personal services, business and professional offices, banks and other financial institutions, indoor theaters, restaurants, cafes, filling stations, non-flashing on-premises signs, and exterior lighting, provided beams of light are not directed toward adjacent properties.

2.

Yard requirements and building heights must not exceed the limits permitted in the C district.

3.

Provisions shall be made for off-street parking (section 44-17) and loading space (section 44-18), and vehicular and pedestrian access and circulation.

4.

There shall be a 25-foot setback, of which ten feet shall be a planted, natural or structural buffer strip along property lines abutting any agricultural or residential district.

b.

Office park with a site plan approved by the planning commission. A planned office park consists of two or more buildings developed on a plot of land at least two acres in area and not subdivided into customary streets or lots. The planned office park shall be subject to the following conditions:

1.

Uses permitted include professional and business offices, financial institutions, insurance and real estate offices, clinics, hospitals, laboratories, retirement and convalescent homes, non-flashing on-premises signs, and similar compatible uses.

2.

Yard requirements and building heights must not exceed the limits permitted in the commercial district.

3.

Provisions shall be made for adequate off-street parking (section 44-17) and loading space (section 44-18), and pedestrian traffic.

4.

There shall be a 25-foot setback, of which ten feet shall be a planted, natural or structural buffer strip along the lot lines abutting any agricultural or residential district.

c.

Group homes projects as described in section 44-6.

d.

Off-premises signs.

e.

Parking lots as described in section 44-6.

f.

Parking structure as described in section 44-6.

g.

Animal hospitals and services.

h.

Sale of agricultural produce.

i.

Double-wide manufactured housing units that meet the following requirements:

1.

Solid foundation.

2.

Roof structure compatible with surrounding dwellings.

3.

Siding which is residential in appearance, including clapboards, simulated clapboard, conventional vinyl or metal siding, or plastic panels.

4.

Porches and decks which meet CABO codes.

5.

Square footage within 75 percent of surrounding dwellings.

(e)

Commercial downtown district (CD). The commercial downtown district (CD) is established to encourage suitable retail and service activities in the developed downtown area. Yard and parking requirements are intended to facilitate the use and reuse of historic buildings in the district.

(1)

Permitted uses.

a.

Single-family dwellings.

b.

Bed and breakfast inns.

c.

Duplex (two-family) dwellings.

(2)

The following are general categories.

a.

Business and professional services.

b.

Commercial recreation and entertainment.

c.

Health services.

d.

Lodging.

e.

Personal services.

f.

Repair services.

g.

Restaurants.

h.

Retail sales.

i.

Customary uses, except that no vehicle not in operating condition shall be parked in front or rear side corner yards of a dwelling or business. Such vehicles shall be within an enclosed building.

See use chart for specific uses.

(3)

Conditional uses.

a.

Parking lots as described in section 44-6.

b.

Parking structures as described in section 44-6.

c.

Nurseries and greenhouses.

d.

Sale of produce.

e.

Nonprofit fraternal organizations.

(f)

Manufacturing overlay district (M). The manufacturing district (M) is established to provide an environment suitable for light manufacturing, wholesale and warehousing/storage uses together with associated uses which are necessary and compatible with light manufacturing and similar uses.

(1)

Permitted uses.

a.

Beverage bottling and distribution.

b.

Cabinet shops.

c.

Clothing manufacture.

d.

Electrical appliance and electronic instrument assembly.

e.

Furniture manufacturing and upholstery.

f.

Plastic product manufacturing, but not including processing of raw materials.

g.

Printing, binding and publishing.

h.

Sheet metal fabrication.

i.

Storage, including mini storage units.

j.

Tool and die shops.

k.

Warehousing and storage, including mini-storage units.

l.

Wholesale distribution.

m.

Any other manufacturing establishment that can be operated without creating objectionable noise, odor, dust, smoke, gas, fumes or vapor and that is a use compatible with any adjoining residential district.

(2)

Conditional uses.

a.

Retail sales conducted along with permitted principal uses and confined within a totally enclosed building.

b.

Communication towers, provided the location is at least 1,000 feet from any residential district.

c.

Off-premises signs.

d.

Parking lots as described in section 44-6.

e.

Parking structure as described in section 44-6.

(3)

Requirements for commercial, commercial downtown or manufacturing uses.

a.

Vehicular access to commercial, commercial downtown or manufacturing land use shall be limited to driveways on arterial or collector streets. The street should be able to withstand the weight and types of vehicles that would travel on them, e.g., delivery trucks, tractor trailers, etc., as determined by a transportation expert, road supervisor, or civil engineer, etc.

b.

There shall be no outside storage of goods, materials, or waste which is visible from the public right-of-way or from adjacent property.

c.

All fabrication activities shall be carried on within the confines of an enclosed building.

d.

Commercial, commercial downtown or manufacturing zoning districts require at a minimum ten-foot front, side and rear yard setbacks from the lot property line.

e.

Commercial uses shall establish a five-foot-wide landscape area and manufacturing uses shall establish a ten-foot-wide landscape area along the rights-of-way of all adjoining public streets. The landscape area shall include one six-foot tree for every 20 feet of frontage, with the area between trees being planted with shrubs and groundcover.

(g)

Natural overlay district (N). The natural overlay district (N) is established to provide protection for the watershed and wetlands within the city. The requirements of this district are intended to maintain water quality and habitat for sensitive plant and animal species.

(1)

Watershed protection criteria. A buffer zone which corresponds to the 100-year floodplain shall be maintained on each side of the streams within the city which are shown on the zoning map. Natural vegetation shall be left undisturbed within the buffer zone. The following exceptions may be authorized by the mayor and council:

a.

Uses that minimize disturbance of the natural terrain and vegetation, such as hiking trails and picnic areas.

b.

Construction and maintenance of roads, driveways and facilities used to provide transportation and/or utility services to the general public, provided that all construction and maintenance work on such roads, drives and facilities is conducted using best management practices to ensure that any adverse effect to the environment will be minimized.

(2)

Wetland protection criteria.

a.

The following uses shall be allowed as a right within a wetland to the extent that they do not require structures, grading, fill, draining, or dredging:

1.

Passive outdoor recreational activities such as fishing, hiking, and boating.

2.

Forestry conducted in accordance with the best management practices of the state forestry commission.

3.

Agricultural activities in accordance with the best management practices of the state department of agriculture.

4.

Pasturing of livestock.

5.

Education and research.

b.

All activities not identified in subsection (1) of this section shall require a corps of engineers' determination of presence of wetland and a section 404 permit or letter of permission if the property is within 1,320 feet of the boundary of a wetland as shown on the Generalized Wetland Map of the U.S. Fish and Wildlife Service.

(h)

Planned unit development (PUD). A planned unit development is a development that consists of at least 50 acres or more encompassing planned mixed-use of property and buildings as permitted in A, R1, R2, and C districts.

(i)

Community agriculture. The purpose of this provision is to provide guidance for the practice of small-scale agriculture, and to allow residents the opportunity to grow and produce their own food on an individual or neighborhood scale. The following activities are allowed:

(1)

Keeping of chickens, provided:

a.

Keeping of chickens shall be an accessory use limited to the rear yard of single-family detached dwellings.

b.

No more than six chickens shall be kept on a single property. Roosters are prohibited.

c.

Chickens may not be allowed to roam free and must be enclosed in coops or other structures no less than 18 inches in height that allow free movement and adequate ventilation. Chicken enclosures are considered accessory structures and must meet the requirements of section 44-21.

d.

On-site slaughter of chickens is prohibited.

(2)

The keeping of chickens shall be conducted in a manner that does not disturb the use or enjoyment of adjacent properties. Noise and odor associated with such activities shall meet standards set forth in section 44-21.

(3)

A permit is required for the keeping of chickens and may be obtained at Hamilton City Hall, Hamilton, GA.

(4)

Violations of the keeping of chickens' regulations will result in a warning for the first violation and a citation for subsequent violations. The penalty will be determined by the Judge in Hamilton Municipal Court.

(Ord. of 3-12-2007, art. IV, § 10; Ord. No. 2019-04-08, 4-8-2019)

The following schedule of uses chart is designed to indicate a specific use of land, whether it is a conditional or permitted use, the citation of articles and sections that apply to that use, all off-street parking space requirements and the zoning district in which that use is permitted. Note: while the chart may list commercial downtown as a permitted district and consequentially have minimum parking spaces listed, due to space restrictions in the downtown area (i.e., around the square), the parking restrictions may not always apply. It will be treated as a variance and procedures for such as found in this chapter will be followed.

(Ord. of 3-12-2007, art. IV, att.)