No building or land shall hereafter be used, and no building or part thereof shall be erected, reconstructed, converted, enlarged, moved, or structurally altered to an extent that a building permit is required, unless in conformity with the regulations as set forth in this Ordinance.

Every building hereafter erected, reconstructed, converted, moved, or structurally altered shall be located on a lot of record and in no case shall there be more than one primary structure on one lot unless otherwise provided in this Ordinance.

The minimum yards, height limits, parking space, open spaces, including lot area per family or dwelling unit, required by this Ordinance for each and every building existing at the time of the passage of these regulations or for any building hereafter erected, shall not be encroached upon or considered as required yard or open space for any other building, except as hereinafter provided, nor shall any lot area or lot dimensions be reduced below the requirements of these regulations.

No accessory building shall be constructed upon a lot for more than six months prior to beginning construction of the primary structure and no accessory building shall be used for more than six months unless the primary structure on the lot is also being used or unless the primary structure is under construction. No accessory building, on a farm or otherwise, shall be used for dwelling except in accord with the specific provisions of this Ordinance.

Travel trailers, campers, motor homes, other recreation vehicles, tents, camp cabins; portable and temporary buildings and the like shall not be used for permanent accessory buildings or full time dwellings in any district, whether or not connected to utilities, wells or septic systems, except as permitted by the terms of this Ordinance. The use of these vehicles and structures as temporary dwellings and accessory buildings shall not exceed 30 days in one calendar year. (Also see restrictions on these vehicles in Article 6, Parking and Loading Regulations.)

Uses & structures not specifically listed are prohibited unless otherwise indicated from the context of the list or other regulations of this Ordinance.

Trailers and/or other structures used on a temporary basis for storage or offices at a building site may be permitted upon approval of a trailer permit by the Zoning Administrator. Approval may be granted in increments of one year, and must be renewed annually. The fee shall be set by the Town Council and updated periodically. All temporary trailers and other temporary construction related structures are subject to the following provisions:

a)

Construction and Sales Trailers: Temporary buildings, including but not limited to, construction and sales trailers, and storage of materials are permitted in conjunction with the construction of a building, buildings, subdivision, infrastructure, or development when limited to the duration of the construction. Temporary buildings may be erected after preliminary subdivision plat or site plan approval so long as zoning requirements are met for the lot on which the temporary buildings are placed. All trailers must obtain an annual zoning permit valid for a period of one year from the administrator and all appropriate permits from the county must be obtained. Upon reapplication for continuance of a zoning permit, the administrator shall perform an inspection of the progress of the project associated with the temporary building(s) for evidence of sufficient progress. If the administrator finds that the project has not made sufficient progress towards completion, the applicant shall be required to obtain a new zoning permit from the Hamilton Town Council. Such temporary construction trailers for new construction shall be allowed for as long as construction is taking place and shall be removed as a condition of final occupancy.

b)

Portable Restrooms: One portable or temporary restroom facility is allowed on an approved construction site for the duration of the project. The placement of this type of structure is limited to the lot on which the actual construction was occurring and must be properly screened as to not impact the surrounding neighborhood.

c)

Portable On Demand Storage: Portable on demand storage (PODS) units shall be allowed on-site for up to 60 days, unless otherwise approved by the administrator. A property owner or tenant may rent and use a portable storage unit on residential property in accordance with provisions in this section when the following conditions are met:

1.

The unit is no larger than eight feet by eight feet by twenty feet.

2.

here are no more than one portable storage units for any address at any one time unless approved by the administrator.

3.

The portable storage unit is used only for the temporary storage of household goods and related items. The portable storage unit may not be used for construction debris or waste.

4.

The portable storage is not placed on the property as an accessory structure.

5.

The portable storage unit is placed on a driveway.

6.

On duplex, townhouse, or multi-family properties, placement of the unit must be approved by an appropriate management or ownership entity to ensure safe and convenient access to required parking spaces, driveways, and pedestrian pathways and to ensure that the unit does not obstruct emergency access or infringe on required landscaped areas.

7.

The Zoning Administrator is notified at least three business days prior to placing the unit on the site.

d)

Dumpsters: Roll-off dumpster on residential property and those properties currently under construction with all necessary permits are allowed on-site for up to 60 days, unless otherwise approved by the administrator. A property owner or tenant may rent and use a roll-off dumpster on the property in accordance with provisions of this section when the following conditions are met:

1.

The Zoning Administrator is notified at least three business day prior to placing the unit on the site, and the Zoning Administrator shall approve an appropriate location for placement.

2.

The unit has a maximum capacity of 30 cubic yards, or is no larger than eight feet by eight feet by twenty feet and shall not be located in the front setback unless approved by the administrator.

3.

The dumpster is used only for disposal of acceptable waste and shall not become a nuisance, attract vermin or produce offensive odors.

4.

On duplex, townhouse, or multi-family properties, placement of the unit must be approved by an appropriate management or ownership entity to ensure safe and convenient access to required parking spaces, driveways, and pedestrian pathways and to ensure that the unit does not obstruct emergency access or infringe on required landscaped areas.

5.

The dumpster is placed within the side or rear setback.

A single structure/building or group of structures/buildings constructed on a site consisting of more than one lot must conform to the required setbacks of each individual lot. In that instance where a proposed structure/building would be located on more than one lot, either a plat of vacation or boundary line adjustment plat shall be submitted for signature and recordation which converts the consolidation to a single lot in compliance with these zoning regulations prior to issuance of a zoning permit.

Full settlement of any delinquent or outstanding real estate taxes payable to the Town of Hamilton on property subject to an application and the correction of any other ordinance or building code violation is required prior to a decision on any application required by this Zoning Ordinance.

The keeping of commonly accepted pets shall be allowed as an accessory use on any lot, provided such pets are for personal use and enjoyment, and not for any commercial purposes. The keeping of livestock, fowl and animals of a wild nature is not permitted, except for the keeping of rabbits, hamsters, mice, guinea pigs and other similar such animals, or birds or fowl for personal use or enjoyment, when such are not kept for sale or other commercial purpose and when such animals, birds or fowl are confined to the lot. Animals allowed under this section are permitted as an accessory use on any lot located within a single family detached residential district.

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

Private and/or commercial package waste water/sewage treatments plants or facilities and wells will not be allowed on any lot.

Lighting that illuminates buildings, statues, signs or any other objects mounted on a pole, pedestal or platform to be utilized is allowed so long as the directed light shall be confined to the object intended to be illuminated to minimize glare, sky glow and light trespass.

A home occupation, profession, enterprise or similar activity which is conducted within a dwelling or an accessory building is allowed in all residential districts, subject to the following standards:

•

The activity must be clearly secondary to the principal use as a residence.

•

Not more than 25 percent of the floor area of the main building shall be devoted to such activity.

•

No more than one nonresident employee shall be employed on the premises in the conduct of the activity.

•

There shall be no signs, other than one non-illuminated sign not exceeding two square feet in area attached to the building, and no displays or alterations to the exterior of the building that would distinguish it as being devoted to any non-dwelling use.

•

There shall be no group instruction or assembly, no housing of persons for compensation, no repair of vehicles and no product offered for sale or stored other than that which is incidental to a service rendered directly to persons on the premises.

•

No mechanical equipment or machinery shall be used in the conduct of the activity that produces noise, smoke, odor, vibration or other effects discernable beyond the property lines.

•

No commercial vehicles associated with the home occupation shall be allowed on the property.