A.

Buildings erected, altered or moved after the effective date of the ordinance codified in this title shall meet the requirements specified in the chapter governing the district in which each are located.

B.

A yard required by this chapter for one building shall not be included as part of the yard required for another building.

C.

Control and disposal of surface run-off is the responsibility of each property owner and shall not be directed onto adjoining lots or public rights-of-way.

D.

Hamilton Municipal Code Title 12, Title 13 and Title 15 shall also apply to each and every district established by this Title 17.

E.

No "livestock" as defined in Chapter 17.34, of the Hamilton Municipal Code (HMC), shall be kept within the city limits at any time for any purpose.

F.

The director of public works shall determine the need for infrastructure, and the property owner shall be responsible for the construction and/or maintenance of such improvements (including curb, gutter, sidewalk and paving) to the centerline of all contiguous streets or alleys in circumstances involving:

1.

Any development of vacant land;

2.

Any main building the square footage of which is increased by one hundred twenty (120) square feet or more; or

G.

The construction of or addition to an accessory building which involves one hundred twenty (120) square feet or more.

H.

The director of public works shall determine whether a consent to agree to the formation of a special improvement district shall be accepted in lieu of the construction of the improvements identified in Subsection F of this section. Such consent shall be recorded with the Ravalli County clerk and recorder's office and shall bind transferees, successors and assigns.

(Ord. No. 441 , Exh. A, 6-6-23)

A.

An accessory building may be built in an established yard, but it may only occupy a maximum of thirty (30) percent of the established yard.

B.

In the residential zone in which each is situated, freestanding television satellite dishes and radio antennas shall be located in rear yards and shall meet the setback requirements for rear yards.

C.

Every part of a required setback shall be open to the sky, except for architectural projections of fireplaces and roof eaves which may project into any required setback a maximum of thirty (30) inches.

D.

Uncovered terraces, patios or decks, if less than thirty (30) inches above the average finish grade of any affected yard, may be constructed within the required setback.

E.

A lot having frontage on two parallel or approximate parallel streets (double frontage lot) shall have the minimum front yard setback from each of the parallel streets.

F.

Reserved.

G.

Reserved.

H.

Reserved.

I.

Single-family dwellings are intended to be a building with one individual dwelling unit.

J.

Multiple-family dwellings are intended to be a building with two or more individual dwelling units. Multiple-family zoning is not intended to allow a single-family dwelling and a multiple-family dwelling to occupy the same building lot.

(Ord. No. 441 , Exh. A, 6-6-23)

A.

Where a lot in a commercial or manufacturing district abuts a residential district, the side and rear yards in that lot within the commercial district shall conform to those required in the residential district.

B.

Where the frontage on one side of a block is zoned partially commercial or manufacturing and partly residential, the front yard in the commercial district shall conform to that required in the residential district.

C.

Commercial/manufacturing or manufacturing developments which are adjacent to any public street or alley shall be responsible for improvements to the center line of the adjacent public street or alley including the construction and/or reconstruction of curb, gutter, sidewalk and paving.

D.

In a commercial/manufacturing or manufacturing/industrial district, any outdoor area used for the storage of materials or vehicles shall be completely enclosed by a decorative fence, a minimum of six feet in height, to screen the outside storage area. The area designated for outside storage shall be indicated on the site plan submitted for city review and approval.

E.

In a commercial/manufacturing or manufacturing/industrial district, a minimum of five percent of the total site shall be devoted to landscaping. The landscaping shall be designed to provide for a screening of the development from the public rights-of-way and adjacent residential properties.

F.

All accessory buildings in all commercial and manufacturing zoning districts shall have the following setbacks:

1.

Front: Twenty (20) feet measured from the front property line.

2.

Interior lot side: Five feet measured from the property lines on each side.

3.

Rear: Five feet measured from the rear property line; ten feet measured from the rear property line where detached garages open to alley.

4.

Corner lots side yard: Ten feet measured from the side property line adjacent to the nonprimary street.

G.

Commercial building construction including commercial accessory buildings shall comply, to the extent possible, with all applicable provisions of the City of Hamilton Building and Site Design Guidelines. The city director of public works and the city building inspector in consultation with other city officials shall determine compliance with the building and site design guidelines. A property owner may apply for approval of a special use which, if approved, may include conditions of approval that may vary from the guidelines in the City of Hamilton Building and Site Design Guidelines. The conditions of approval of a special use may include specific building design requirements not contained in the City of Hamilton Building and Site Design Guidelines but which are necessary to integrate the proposed building into the building site, neighborhood and into the city as a whole. Property owners desiring to construct (or remodel the exterior of) buildings which do not conform to the City of Hamilton Building and Site Design Guidelines may apply for a special use permit to allow construction of such nonconforming buildings. Any exterior building renovation visible from a public street or pedestrian way shall comply with the City of Hamilton Building and Site Design Guidelines.

(Ord. No. 441 , Exh. A, 6-6-23)

Fences erected after the effective date of this title shall meet the requirements specified within this chapter and shall require a fence permit.

A.

Front property line.

1.

Sight-obstructing fences shall not exceed four feet in height.

2.

Nonsight-obstructing fences shall not exceed six feet in height.

3.

Fences constructed on a front property line shall be set back a minimum six inches from that property line.

B.

Side property line.

1.

Sight-obstructing fences shall not exceed four feet in height to a distance of ten feet set back from the front yard property line.

2.

Nonsight-obstructing fences shall not exceed six feet in height on the side property line.

C.

Rear property line.

1.

Sight-obstructing or nonsight-obstructing fences located on the rear property line shall not exceed six feet in height.

2.

Fences constructed on the rear property line shall be set back six inches from the rear property line.

D.

Definitions.

1.

"Fence" means a structure constructed of wood, metal, block, brick, stone or any other material other than natural vegetation to create a barrier.

2.

"Sight-obstructing" shall mean any fence structure where the fence material obstructs twenty-five (25) percent or more of the clear visibility through the fence.

3.

"Nonsight-obstructing" shall mean any fence structure where the fence material obstructs twenty-five (25) percent or less of the clear visibility through the fence blocked.

E.

Fences constructed more than six feet high shall require a variance approved by the zoning board of adjustment.

F.

Fence permit approved by the zoning administrator and/or designee is required for all fence construction within the City of Hamilton boundaries.

G.

Property owner is responsible for providing proof of property boundaries prior to construction of fence.

H.

Fences constructed on public rights-of-way, streets or alleys are prohibited and shall be required to be removed.

I.

In all cases for the placement, construction and/or the removal of a fence, the owner must call line locators at 1-800-424-5555 or 811 prior to the start of the project.

J.

Fees for fence permits shall be established by resolution of the city council and shall be paid to the public works office at the time the application for a permit is filed.

(Ord. No. 441 , Exh. A, 6-6-23)