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Hamilton City Zoning Code

ARTICLE 2

- DISTRICTS AND DISTRICT MAPS

Section 1. - Establishment of Districts.

In order to regulate and restrict the location and use of buildings and land for trade, industry, residence, and other purposes in accordance with the objectives of the Comprehensive Plan; to regulate and restrict the location, height and size of buildings hereafter erected or structurally altered, the size of yards and other open spaces and the density of population, the following zoning districts are hereby established:

R-1 Single-Family Residential District.

R-2 Single-Family Residential District.

R-3 Residential District.

R-6 Residential District.

C-1 Office and Limited Commercial District.

C-2 Retail Sales and Service Commercial District.

C-3 Rural Commercial Transition District.

M-L Light Industrial District.

T-1 Transitional District.

PSP Public and Semi-Public District.

The purpose statements which accompany each district are intended to describe in a general way the character of uses to be encouraged in the district, to assist with selection of appropriate districts for application to various conditions of land use, existing or planned, and to assist with interpretation of questions which may arise with respect to particular land uses in particular locations.

Section 2. - Establishment of District Map.

Such land and the district classification thereof, shall be as shown on the map or maps designated as the "Zoning Map of Hamilton, Virginia," dated, and signed by the Zoning Administrator, upon adoption. This Zoning Map or maps, and all notations, dimensions, references, and symbols shown thereon, pertaining to such districts shall be as much a part of this Ordinance as if fully described herein and shall be filed as part of this Ordinance of the Town of Hamilton. Said Map shall be available for public inspection in the Town Office. Such map shall be marked "Original Copy not to be altered or removed from the Town's office except on Court Subpoena" provided however, that said map may be removed during normal office hours by the Zoning Administrator for the purpose of incorporating duly adopted revisions.

This map, together with subsequent applicable amendments, shall be conclusive as to the current zoning status of land.

Section 3. - Annual Revision of Zoning Map.

No later than March 31 of the year following adoption of this Ordinance, prints of the Zoning Map, clearly showing the zoning district boundaries and zoning district names and designations for the incorporated area of Hamilton, shall be made available to the public. Subsequently, no later than 30 days following an action by the Hamilton Town Council that changes the zoning district status of a parcel or parcels of land within the corporate limits of the Town of Hamilton, the Zoning Administrator shall revise the Zoning Map to accurately reflect these changes.

(Ord. of 12-14-2015(1))

Section 4. - Information Copies of Zoning District Map.

Information copies of the Zoning Map shall be made available for inspection at the office of the Administrator and the document section of the Town's website). These maps shall be revised as described above, to show changes in zoning district boundaries as officially approved.

Drafting errors or drafting omissions may be corrected, but no changes in zoning district boundaries may be made except to show amendments properly adopted by the Town Council.

Section 5. - Periodic Review.

At least once every five years, the Planning Commission shall review the zoning regulations and the Zoning Map to determine whether it is advisable to amend the regulations or the map, or both, to bring them in accord with the objectives of the Comprehensive Plan, and to take advantage of new techniques or to encourage improved building practices which may have been developed and which may have application in the Town of Hamilton, to correct deficiencies or difficulties which may have developed in administration, or for such other reasons as the Commission may determine. The Commission shall submit reports on their findings together with appropriate recommendations to amend the Zoning Ordinance to the Town Council. In the preparation of these reports, the Commission shall consult with officials in the Town responsible for the administration of this Ordinance and such other persons as they believe may contribute to the review.

Section 6. - Interpretation of District Boundaries.

A district designation (Example: R-1, R-2, etc.) shown on the Zoning Map indicates that the regulations pertaining to the district designation extend throughout the whole area in the Town bounded by the district boundary lines within which such district designation is shown or indicated, except as otherwise provided by this section.

Where uncertainty exists with respect to the boundaries of the various districts as shown on the Zoning Map accompanying and made a part of these regulations, the following rules apply:

1.

In cases where a boundary line is given a position within a road, street or alley, or in a navigable or non-navigable stream, it shall be deemed to be in the center of the right-of-way of the road, street, alley, or stream, and if the actual location of such road, street, alley, or stream varies slightly from the location as shown on the Zoning Map, then the actual location shall control.

2.

In cases where a boundary line is shown as being located a specific distance from a road or street line or other physical feature, this distance shall control.

3.

Where the district boundaries are shown on the Zoning Map to approximately coincide with lot lines or Town limit line, the lot lines or Town limit line shall be construed to be the district boundary line unless otherwise indicated.

4.

In cases where district boundaries as shown on the Zoning Map do not coincide or approximately coincide with road or street lines, alley lines or lot lines, and no dimensions are shown, the location of such district boundary lines shall be determined by the use of the scale appearing on the map.

5.

If, because of error or omission in the Zoning Map, any property in the jurisdiction of this Ordinance is not shown as being in a zoning district, such property shall be classified R-1 Single-Family Residential District until changed by amendment.

Section 7. - Interim Zoning of Annexation Areas.

Pursuant to Section 15.2-2286 (A)2 of the Code of Virginia 1950, as amended, land annexed or brought into the Town via a boundary line adjustment shall be classified as follows:

County AR-1 goes to Town T-1
County JLMA 1, 2 or 3 goes to Town R-2
County RC goes to Town T-1
Any Zoning Designation Not Listed goes to Town T-1

 

Such designations are to provide for the reasonable and orderly interim regulation of use and development and may be amended upon application to the Town for a zoning map amendment.