1.

Newly Annexed Territory. All territory hereafter annexed to the City of Hamilton shall be temporarily classified as A/O, Agricultural/Open Space district, until permanent zoning is established by the City Council of the City of Hamilton. The procedure for establishing permanent zoning on annexed territory shall conform to the procedure established by law for the adoption of original zoning regulations.

In any area temporarily classified as "A/O," Agricultural/Open Space District:

a.

No person shall erect, construct, proceed or continue with the erection or construction of any building or structure or add to any building or structure or cause the same to be done in any newly annexed territory to the City of Hamilton without first applying for and obtaining a building permit or certificate of occupancy therefor from the Building Official or the City Council as may be required herein.

b.

No permit for the construction of a building or use of land shall be issued by the Building Official other than a permit which will allow the construction of a building permitted in the A/O, Agricultural/Open Space district, unless and until such territory has been classified in a zoning district other than the A/O, Agricultural/Open Space district, by the City Council in the manner provided by law except as provided in Section VI-1c following.

c.

An application for a permit for any use other than that specified in paragraphs VI-1a and VI-1b above shall be made to the Zoning Administrator of the City of Hamilton and by him referred to the Planning and Zoning Commission for consideration and recommendation to the City Council. The Planning and Zoning Commission in making its recommendation to the City Council concerning any such permit shall take into consideration the appropriate land use for the area and the overall plans for the City of Hamilton. The City Council, after receiving and reviewing the recommendations of the Planning and Zoning Commission may, by majority vote, authorize the issuance of a building permit or certificate of occupancy or may disapprove the application as their findings may indicate appropriate in the public interest.

2.

Platting Property. The Planning and Zoning Commission of the City of Hamilton shall not approve any plat of any subdivision within the city limits of the City of Hamilton until the area covered by the proposed plat shall have been permanently zoned by the City Council of the City of Hamilton.

The Planning and Zoning Commission shall be advised by city staff regarding a proposed annexation, and it may at the same time hold a hearing upon the permanent zoning that is to be given to the area or tract to be annexed, and at the same time consider any plat of any subdivision within the area or tract to be annexed, and make a recommendation on both matters to the City Council so that the City Council may, if it desires, act on the matter of permanent zoning, platting, and annexation at the same time.

3.

Creation of Building Site. No permit for the construction of a building or buildings upon any tract or plot shall be issued until a building site, building tract or building lot has been created by compliance with one of the following:

a.

The lot or tract is part of a plat of record, properly approved by the City Council after recommendation by the Planning and Zoning Commission and filed in the plat records of Hamilton County.

b.

The site plot or tract is all or part of a site plan officially approved by the City Council in a planned development district after recommendation by the Planning and Zoning Commission, which site plan provides all utility and drainage easements, alleys, streets and other public improvements necessary to meet the normal requirements for platting including the designation of building areas and such easements, alleys and streets have been required and properly dedicated and the necessary public improvements provided.

c.

The plot, tract or lot faces upon a dedicated street and was separately owned prior to the effective date of the ordinance from which this chapter derives or prior to annexation to the City of Hamilton, whichever is applicable, in which event a building permit for only one main building conforming to all the requirements of this chapter may be issued on each such original separately owned parcel without first complying with either Paragraph VI.3a or VI.3b preceding.

4.

Nonconforming Uses and Structures.

a.

A nonconforming status shall exist under the following provisions of this chapter:

1)

When a use or structure which does not conform to the regulations prescribed in the district in which such use or structure is located was in existence and lawfully operating prior to the adoption of this Zoning Ordinance, and has been operating since without discontinuance, or

2)

When a use or structure which does not conform to the regulations prescribed in the district in which such use or structure is located was in existence at the time of annexation to the City of Hamilton and has since been in regular and continuous use.

b.

No nonconforming use or structure may be expanded or increased beyond the lot or tract upon which such nonconforming use is located as of the effective date of this Ordinance except to provide off-street loading or off-street parking space upon approval of the Board of Adjustment.

c.

Repairs and normal maintenance may be made to a nonconforming building, provided that no structural alterations, expansions, or extensions shall be made except those required by law or ordinance, unless the building is changed to a conforming use, except for manufactured housing.

d.

Any nonconforming use may be changed to a conforming use, and once such change is made, the use shall not thereafter be changed back to a nonconforming use.

e.

Where a conforming use is located in a nonconforming structure, the use may be changed to another conforming use by securing a Certificate of Occupancy from the Building Official.

f.

Whenever a nonconforming use is abandoned, all nonconforming rights shall cease and the use of the premises shall thenceforth be in conformity with this Ordinance. Abandonment shall involve the intent of the user or owner to discontinue a nonconforming use for a period of six (6) months and shall be construed as conclusive proof of intent to abandon the nonconforming use. Any nonconforming use which, not involving a permanent type of structure, is moved from the premises shall be considered to have been abandoned.

g.

If a structure occupied by a nonconforming use is destroyed by fire, the elements, or other cause, it may not be rebuilt except to conform to the provisions of this chapter. In the case of partial destruction of a nonconforming use not exceeding 50 percent of its reasonable value, reconstruction will be permitted, but the use cannot be expanded.

h.

Structures include manufactured housing units.

5.

Temporary Uses. The following temporary uses may be allowed under the conditions and for the time specified upon proper application and review by the Zoning Administrator.

a.

A temporary building may be used as an office incidental to construction work if such building is located upon the same property as the site under construction, contains no living quarters, and provides for no uses not incidental to construction on the premises. Such buildings shall be removed within 30 days following final acceptance of the construction by the city.

b.

A temporary facility or a permanent residential structure located on any platted lot in an approved residential subdivision may be used as a construction office, or as a sales office, or for display purposes. No more than one office and no more than four display facilities shall be allowed for any purposes for any other subdivision. Such temporary use shall be allowed for a period of one year, with extensions upon application and approval of six months possible provided construction remains continuous and no more than ten lots remain unsold in the subdivision. However, in no case shall more than four such extensions be granted.

c.

Temporary uses of a religious or philanthropic nature by those organizations not normally conducting business for profit may be allowed for the period of their actual duration up to a maximum of 30 days, except that two extensions of up to 30 days may be possible upon application and approval.

d.

Temporary sales of seasonal products such as firewood, cut trees, plants, fruits and vegetables, and the like may be allowed during their normal and generally accepted season for a period of up to 30 days, except that two extensions of up to 30 days may be possible upon application and approval. Temporary sales of seasonal products may be allowed no more than 120 days, whether consecutive or cumulative, per site.

e.

The Zoning Administrator, in approving or denying such application shall consider the nature of the use; existing uses in surrounding areas; noise, dust, light, and traffic generated; health and sanitary conditions; and compliance with other regulations of this chapter. The Zoning Administrator shall have the right to revoke any temporary use at any time or to deny any extension upon finding that a hazard or nuisance shall exist by continuing such use; after which revocation or denial such temporary use shall immediately cease and shall be removed within ten days of notification of such finding.

6.

New and Unlisted Uses. It is recognized that new types of land use will develop and forms of land use not anticipated may seek to locate in the City of Hamilton. In order to provide for such changes and contingencies, a determination as to the appropriate classification of any new or unlisted form of land use shall be made as follows:

a.

The Zoning Administrator shall refer the question of any new or unlisted use to the Planning and Zoning Commission, requesting an interpretation as to the zoning classification into which such use should be placed. The referral of the use interpretation question shall be accompanied by a statement of facts listing the nature of the use and whether it involves dwelling activity, sales, processing, type of product, storage, and amount or nature thereof, enclosed or open storage, anticipated employment, transportation requirements, the amount of noise, odor, fumes, dust, toxic material and vibration likely to be generated and the general requirements for public utilities such as water and sanitary sewer.

b.

The Planning and Zoning Commission shall consider the nature and described performance of the proposed use and its compatibility with the uses permitted in the various districts and determine the zoning district or districts within which such use should be permitted.

c.

The Planning and Zoning Commission shall transmit its findings and recommendations to the City Council as to the classification proposed for any new or unlisted use. The City Council shall by resolution approve or deny the recommendation of the Planning and Zoning Commission or make such determination concerning the classification of such use as is determined appropriate based upon its findings.

7.

Specific Use Permits. The City Council by an affirmative vote may, after public hearing and proper notice to all parties affected, and after recommendations from the Planning and Zoning Commission that the use is in general conformance with the comprehensive plan of the city and containing such requirements and safeguards as are necessary to protect adjoining property, authorize the granting of a Specific Use Permit for those uses indicated by "S" in the Schedule of Uses, according to the following criteria:

a.

All applications for Specific Use Permits shall be accompanied by a site plan drawn to scale and showing the general arrangement of the project, together with essential requirements such as off-street parking facilities; size, height, construction materials, and locations of buildings and the uses to be permitted; location and construction of signs; means of ingress and egress to public streets; the type of visual screening such as walls, plantings, and fences; and the relationship of the intended use to all existing properties and land uses in all directions to a minimum distance of 200 feet. The application shall also be accompanied by a fee as determined by the City Council.

The Planning and Zoning Commission or City Council may require additional information or drawings (such as building floor plans), operating data and testimony concerning the location, function, and characteristics of any building or use proposed.

b.

In recommending that a Specific Use Permit for the premises under consideration be granted, the Planning and Zoning Commission shall determine that such uses are harmonious with and adaptable to building structures and uses of abutting property and other property in the vicinity of the premises under consideration. The Commission's recommendations may include requirements for the paving of streets, alleys and sidewalks, means of ingress and egress to public streets, provisions for drainage, adequate off-street parking, protective screening and open space, area or security lighting, heights of structures, and compatibility of buildings. The Planning and Zoning Commission and City Council shall consider the following criteria in determining the validity of the Specific Use Permit request:

1)

Is the use harmonious and compatible with its surrounding existing uses or proposed uses?

2)

Are the activities requested by the applicant normally associated with the requested use?

3)

Is the nature of the use reasonable?

4)

Has any impact on the surrounding area been mitigated?

c.

In granting a Specific Use Permit, the City Council may impose conditions which shall be complied with by the owner or grantee before a certificate of occupancy may be issued by the Building Official for use of the building on such property pursuant to such Specific Use Permit; and such conditions are not precedent to the granting of a Specific Use Permit, but shall be construed as conditions precedent to the granting of the certificate of occupancy.

d.

No Specific Use Permit shall be granted unless the applicant, owner, and grantee of the Specific Use Permit shall be willing to accept and agree to be bound by and comply with the written requirements of the Specific Use Permit, as attached to the site plan drawing (or drawings) and approved by the Planning and Zoning Commission and the City Council.

e.

If required, a building permit shall be applied for and secured within six months from the time of granting the Specific Use Permit, provided, however, that the City Council may authorize an extension of this time upon recommendation by the Planning and Zoning Commission. After six months from the date of approval has elapsed, the Planning and Zoning Commission and City Council may review the Specific Use Permit for continued validity. If the use and site plan are determined invalid, the property owner(s) must submit a new or revised site plan for approval prior to any construction or application for building permit for the area designated for the Specific Use Permit.

f.

No building, premises, or land used under a Specific Use Permit may be enlarged, modified, structurally altered, or otherwise significantly changed unless a separate Specific Use Permit is granted for such enlargement, modification, structural alterations, or change, after notices of the change have been sent to each property owner within 200 feet of the request.

g.

The Board of Adjustment shall not have jurisdiction to hear, review, reverse, or modify any decision, determination, or ruling with respect to the granting, extension, revocation, modification, or any other action taken relating to such Specific Use Permit.

h.

When the City Council authorizes granting of a Specific Use Permit, the zoning map shall be amended according to its legend to indicate that the affected area has conditions and limited uses, and said amendment is to indicate the appropriate zoning district for the approved use and suffixed by an "S" designation.