Purpose. This section outlines each zoning district including restrictions, principal permitted uses, uses subject to specific use permits, and development standards. Each zoning district is associated with certain land use categories in the Comprehensive Plan. Also see the Schedule of Uses in Appendix A.

1.

A/O — Agricultural/Open Space District.

a.

Intent. This District is intended to provide a location for principally undeveloped or vacant land which is situated on the fringe of the urban area and used for agricultural purposes, but which may become an urban area in the future. Generally, the "A/O," Agricultural/Open Space District, will be near development; therefore, the agricultural activities conducted in the "A/O", Agricultural/Open Space District, should not be detrimental to urban land uses. The types of uses and the area and intensity of uses permitted in this District shall encourage and protect agricultural uses until urbanization is warranted and the appropriate change in district classification is made. The A/O District is also intended to protect areas that may be unsuitable for development because of topographical problems, lack of infrastructure, constraints, or potential health or safety hazards, as well as providing for preservation of natural open space areas.

b.

Primary Permitted Uses.

*Subject to rules and regulations of the state sanitarian including feedlots, poultry farms, and kennels.

c.

Uses Permitted Subject to Specific Use Permit. The following uses may be permitted subject to a Specific Use Permit as provided in Section VI-7.

d.

Site Development Regulations.

2.

RS-1: Single Family Residential (Minimum Lot Size 10,000 Square Feet).

a.

Intent. This zone is designed to stabilize and protect the residential characteristics of the district. The zone is intended to provide for single family dwellings, with not more than one principal residence permitted on relatively ample lots to insure an environment conducive to single family residential use. Additional uses necessary and incidental to a single-family residential dwelling unit are also permitted. This zone is typically associated with the Single Family Residential Land Use category of the Comprehensive Plan but is conditionally allowed within all land use categories except "Industrial."

b.

Principal Permitted Uses.

c.

Uses Permitted Subject to Specific Use Permit. The following uses may be permitted subject to a Specific Use Permit as provided in Section VI-7.

d.

Site Development Regulations. Each site in the RS-1 district shall be subject to the following site development regulations:

3.

RS-2: Single Family Residential (Minimum Lot Size — 7,500 Square Feet).

a.

Intent. This zone is designed to provide for single-family dwellings, with not more than one principal residence permitted on moderate sized lots to insure an environment conducive to single family residential use. This district provides for manufactured housing to be approved on platted lots as a Specific Use Permit. Additional uses necessary and incidental to a single-family residential dwelling unit are also permitted. This zone is typically associated with the Single Family Residential Land Use category of the Comprehensive Plan but is conditionally allowed within all land use categories except "Industrial."

b.

Principal Permitted Uses.

c.

Uses Permitted Subject to Specific Use Permit. The following uses may be permitted subject to a Specific Use Permit as provided in Section VI-7.

d.

Site Development Regulations. Each site in the RS-2 district shall be subject to the following site development regulations:

4.

GR: General Residential.

a.

Intent. This zone is intended to provide for medium density and multiple occupancy living, and for a mix of residential types. This district provides for manufactured housing to be approved on platted lots as a Specific Use Permit. Additional uses necessary and incidental to multiple family residential dwellings are also permitted. It is a zone well suited as a buffer between single-family uses and other more intense uses. This zone is typically associated with Mixed Residential and Transitional Land Use category but is allowed within all Land Use categories except "Industrial."

b.

Principal Permitted Uses.

c.

Uses Permitted Subject To Specific Use Permit. The following uses may be permitted subject to a Specific Use Permit as provided in Section VI-7.

d.

Site Development Regulations. Each site in the GR District shall be subject to the following site development regulations:

5.

C-1: Commercial.

a.

Intent. This zone is intended to provide for businesses and services that serve persons throughout the city and the area. These uses generally require frontages on major cross street intersections of highways or other major arterials, given their high visibility and traffic generation ability. Civic uses are also permitted. This zone is associated with the Commercial and Transitional Land Use Categories of the Comprehensive Plan.

b.

Principal Permitted Uses.

c.

Uses Permitted Subject to Specific Use Permit. The following uses may be permitted subject to a Specific Use Permit as provided for in Section VI-7.

d.

Site Development Regulations. Each site in the C-1 District shall be subject to the following site development regulations.

*10 feet when adjacent to RS-1 or RS-2. ;eop;

6.

CBD: Central Business District. This area is designated as the downtown buildings facing the square.

a.

Intent. This zone is intended to provide for the intense commercial activities of the central business district or central trading area of the City. This district establishes the character of the City by serving the tourist as well as the residents of the City and is associated with the CBD land use designation of the Comprehensive Plan.

b.

Principal Permitted Uses.

c.

Uses Permitted Subject to Specific Use Permit. The following uses may be permitted subject to a Specific Use Permit as provided for in Section VI-7.

d.

Site Development Regulations. Each site in the CBD District shall be subject to the following site development regulations

*10 feet when adjacent to RS-1 or RS-2.

e.

Uses Subject to Specific Use Permit. In the 100 Blocks of North Rice, East Henry, North Bell, and East Main, residences shall:

1)

Not occupy more than forty-nine percent (49%) of the downstairs of any building;

2)

Have installed an operating fire suppression system in accordance with the International Fire Code;

3)

Only be in a building that is occupied by an allowed commercial use of all the building facing the sidewalk within six (6) months of occupancy; and

4)

The residence must not be accessed through the commercial use portion of the property.

7.

I-1: Industrial District.

a.

Intent. The industrial district is intended primarily for uses in the conduct of light manufacturing, assembling, and fabrication, and for warehousing, wholesaling and service operations that do not depend upon frequent customer or client visits. Such uses may require accessibility to major highways, or other means of transportation. The manufacturing or industrial operations permitted in this district shall not disseminate dust, fumes, gas, noxious odor, smoke, glare, or other atmospheric influence beyond the boundaries of the property on which such use is located and shall not create fire hazards to surrounding property. Commercial and civic uses are also permitted. This zone is associated with the Commercial/Industrial and Transitional Land Use categories of the Comprehensive Plan.

b.

Principal Permitted Uses.

The uses in this district shall also be subject to the following:

Industrial and manufacturing plants including the processing or assembling of parts for production of finished equipment where the process of manufacturing or treatment of materials are permitted as long as no dust, odor, gas, smoke, or noise is emitted and not more than twenty percent (20%) of the lot or tract is used for the open storage of products, materials, or equipment, all of which shall be screened from adjoining properties or streets.

c.

Uses Permitted Subject to Specific Use Permit. The following uses may be permitted subject to a Specific Use Permit as provided for in Section VI-7.

d.

Site Development Regulations. Each site in the "I-1" district shall be subject to the following site development regulations.

8.

PD: Planned Development Overlay Zone.

a.

Intent. The purpose of the Planned Development (PD) Overlay Zone is to provide for the unified and coordinated development of parcels or tracts of primarily vacant land. Planned Developments (PD) may include mixed combinations of the various forms of residential, civic, commercial, industrial, recreational, and other forms of land uses. These may include developments such as industrial districts, offices, retail, commercial or service centers, shopping centers, residential developments of multiple or mixed housing including attached single-family dwellings, or any appropriate combination of uses which may be planned, developed or operated as integral land use units either by a single owner or a combination of owners.

Certain flexibility as to intended land use shall be permitted, provided that the special requirements which may apply are complied with and that the intended uses are not in conflict with the general purpose and intent of either this Ordinance or the Comprehensive Plan for the city. The PD Zone is intended to encourage more efficient uses of land, and to permit new or innovative concepts in land utilization not permitted by other zoning districts, while still providing proper arrangement of uses and structures.

b.

Policy. As it is in the public interest to conserve the supply of water within the city, it shall be the policy of the City to invite and view with favor those designs of subdivisions or other developments which may be shown to minimize the outside use of water for irrigation of lawns or other purposes. Such designs may include smaller lawn areas, clustering of buildings around common lawn areas, landscaping requiring low water maintenance, retention of areas in their natural state, or other such designs.

c.

Principal Permitted Uses. An application for a PD district shall specify the base zoning district upon which the PD is based, and the use or the combination of uses proposed (particularly if any of the proposed uses are not allowed by right in the base zoning district). In selecting a base zoning district, the uses allowed in the base district must be similar to or compatible with those proposed for the PD.

d.

Uses Permitted Subject to a Specific Use Permit. PD designations shall not be attached to Specific Use Permit (SUP) requirements. SUPs allowed in the base zoning district of a PD are allowed in the PD only if they are specifically identified at the time of PD approval, and if they are specifically cited as an "additional use" (i.e., to those allowed by right in the base zoning district) in the ordinance establishing the PD.

Other uses may also be permitted in the Planned Development (PD) Zone, and require a Specific Use Permit, as the City Council, by resolution, may deem to be similar to those uses listed and not obnoxious or detrimental to the public health, safety and welfare.

e.

Site Development Regulations.

1)

In the PD district, uses shall conform to the standards and regulations of the base zoning district to which it is most similar. The base zoning district shall be stated in the PD granting ordinance. All applications to the City shall list all requested deviations from the standard requirements set forth throughout this Ordinance (applications without this list will be considered incomplete). The PD district shall conform to all other regulations of the base zoning district, as well as all other sections of the Zoning Ordinance, unless specifically changed or excluded in the ordinance establishing the PD.

2)

All requirements of the subdivision regulations of the city pertaining to procedure, plan, and design criteria among others shall be complied with, except for height, lot, yard, and area requirements as designated in this chapter.

3)

The minimum contiguous acreage for a Planned Development request shall be three (3) acres.

f.

Site Plan Requirements.

1)

Prior to beginning development within a Planned Development district established in accordance with this section, the City shall require, along with the request for rezoning, a site plan of the development. Such site plan shall be submitted to the Planning and Zoning Commission for review and approval. The Planning and Zoning Commission shall present the approved site plan to the City Council with its recommendation for the Planned Development. Such site plan shall, upon approval, be filed as part of the ordinance, prior to the issuance of any building permits in a Planned Development district.

2)

The required site plan shall contain the information specified in Section IX, Site Plan Approval. In addition, it shall set forth provisions for:

i.

Adequate right-of-way to conform to the thoroughfare plan of the city, if appropriate.

ii.

Maximum lot coverage.

iii.

Yards and open spaces.

iv.

Recreation areas.

v.

Protective requirements considered necessary to create a reasonable transition to and protection of the adjacent property, including varying the uses allowed, and their locations, within the district.

3)

For any single- or two-family residential PD district (with the A/O, RS-1, RS-2, or GR district as the base zoning district), a Final Plat (submitted along with all required engineering/construction documents and plans, and in accordance with Subdivision Ordinance requirements and other City requirements for Final Plat submission) shall qualify as the Site Plan.

4)

In addition to the site plan, the owner shall provide such other sketches, diagrams, and calculations necessary to determine whether the proposed development conforms to the provisions of the district and to determine the effect of the proposed development on population densities, streets, utilities, schools, recreation, and other community facilities in the area.

g.

Procedure.

1)

The procedure for establishing a Planned Development zoning district shall follow the procedures for zoning amendments as set forth in Section XI of this Ordinance. This procedure shall include concurrent consideration and approval (or denial) of the Site Plan which is submitted along with the PD zoning request application. When such plan is submitted or whenever significant changes are proposed in such plan, the public hearing shall be subject to the same procedure of notice as is specified for amending the Zoning Ordinance.

2)

When a zoning request for a Planned Development district is being considered, a written report from the Zoning Administrator (or a designee) discussing the project's impact upon planning, engineering, water, utilities, electricity, sanitation, building inspection, tax, police, fire and traffic, as well as written comments from applicable public agencies (such as the school district and/or utility companies), may be submitted to the Planning and Zoning Commission prior to the Commission making any recommendations to the City Council. In the event written comments and advisement are not forthcoming in a reasonable amount of time, the Commission may, at its discretion, make a recommendation to the City Council without said comments or advisement.

3)

Every Planned Development district approved under the provisions of this chapter shall be considered as an amendment to the Ordinance as applicable to the property involved. In approving the Planned Development district, the City Council may impose conditions relative to the standard of development. Such conditions may include, but are not be limited to: uses, density, lot area, lot width, lot depth, yard depths and widths, building height, building elevations, coverage, floor area ratio, parking, access, screening, landscaping, accessory buildings, signs, lighting, project phasing or scheduling, management associations, and other requirements as the City Council and Planning and Zoning Commission may deem appropriate. Such conditions shall not be construed as conditions precedent to the approval of the zoning amendment, but shall be construed as conditions precedent to the granting of a certificate of occupancy.

4)

The ordinance granting a PD district shall include a statement as to the purpose and intent of the PD granted therein. A specific list of modifications in each district(s) is required, along with any conditions imposed as specified in paragraph 3 above.

5)

All Planned Development zoning districts approved in accordance with the provisions of this Ordinance in its original form, or by subsequent amendments thereto, shall be referenced on the Zoning District Map, and a list of such Planned Development districts, showing the uses permitted and any other special stipulations of each PD district, shall be maintained as part of this Ordinance.

9.

FP: Floodplain Overlay Zone.

NOTE: The City of Hamilton City Council has adopted a Floodplain Ordinance. The intent of this chapter is not to replace that Ordinance and should conflicts arise, the Floodplain Ordinance would retain pre-emptive rights.

a.

Intent. This district designation may be appended to any other district, and is intended to protect the land owner, land user, and the general public against the hazards incurred in the occupancy of land which is subjected to the potential of flooding conditions within the 100-year floodplain of any stream, river, lake, or watercourse.

b.

Permitted Uses. Land, buildings, and premises in any zoning district designated with the floodplain, FP, prefix, shall be used only for the following purposes:

1)

All general and special agricultural, farming, ranching, stock and poultry raising, dairy, and related uses, so long as same do not cause a hazard to health by reason of unsanitary conditions; and are not offensive by reason of odors, dust, fumes, noise, or vibration; and are not detrimental to the public welfare; and in no case shall poultry or livestock be kept nearer than 100 feet from any property line within or abutting any property zoned for residential purposes.

2)

All general and special forestry uses and other related uses so long as same are not offensive by reason of odors, dust, fumes, noise, vibration, unsightly conditions, or despoliation, and are not otherwise detrimental to the public welfare.

3)

Public parks, recreation areas, and open spaces.

4)

Country clubs or golf courses, including golf driving ranges if allowed within such zoning district.

5)

Parking lots and parking areas incidental to any adjacent main use permitted within such zoning district.

6)

All types of public utilities, including those requiring a Specific Use Permit provided under Section VI-7.

c.

Special conditions. The following special conditions shall apply to uses located in any zoning district to which the FP designation has been appended:

1)

No building or structure shall be erected in that portion of any district designated with a floodplain, FP, prefix until, and unless, such building or structure has been approved by the City Administrator or his designee, who will ascertain that such building or structure is not subject to damage by flooding and would not constitute an encroachment, hazard, or obstacle to the movement of floodwaters and that such construction would not endanger the value and safety of other property or the public health and welfare.

2)

All other City requirements for flood damage prevention shall be adhered to.

3)

Any dump, excavation, storage, or filling operation within that portion of a district having a floodplain, FP, prefix shall be approved in writing by the City Engineer before such operation is begun.

4)

An area may be removed from the floodplain, FP, prefix designation when by the provision of drainage works, grading, flood protection or specific drainage study, it is determined by the City Engineer that the flood hazard has been alleviated. Removal of the floodplain, FP, prefix shall be accomplished by resolution of the City Council after written notification from the City Engineer advising of the removal of the flood hazard.

5)

Any land which may remain within a floodway after the provision of drainage works, grading, flood protection, or specific drainage study shall be dedicated as a drainageway or public open space or for other use as may be approved by City Council, in accordance with the subdivision regulations of the city.

6)

The fact that land is, or is not, within a district having a floodplain, FP, prefix shall not be interpreted as assurance that such land or area is, or is not, subject to periodic local flooding.

(Ord. No. 06-08, 9-4-08; Ord. No. 07-10, 9-9-10; Ord. No. 11-20, 10-8-20; Ord. No. 03-22, 7-21-22)