1.1.

Purpose of the District. The purpose of this district is to provide for low-density single-family detached residential development together with those complementary public and semi-public uses and accessory uses as may be necessary and are normally compatible with low-density residential surroundings. Substantial land in agricultural use and/or open space uses is included in this district, being interim uses until residential development occurs. This district, although primarily residential single-family detached, may include accessory dwelling units approved as a Special Use Permit by the Town Council. Certain other uses necessary to support a residential district or provide complementary services such as recreational and utility uses may be permitted under a Special Use Permit approved by the Town Council or a Commission Permit approved by the Planning Commission-whichever is applicable. Land developed under these district regulations may use the optional area and bulk regulations as contained in Article 8, Section 6—"Cluster Development Regulations" of this Ordinance so as to achieve a more environmentally sensitive and efficient use of the land being developed.

1.2.

Permitted Uses. A building or land shall be used only for the following purposes:

1.

Detached single-family dwellings. Accessory dwelling units are permitted by a special use permit by the Town Council under Article 10.

2.

Facilities and structures necessary for rendering public utility service, including poles, wires, transformers, telephone booths and the like for electrical power distribution or communication service, and underground pipelines or conduits for electrical, gas, sewer, or water service.

3.

Accessory buildings and uses, including but not limited to, accessory private garages, farm buildings and structures, swimming pools, home occupations as defined, and in accordance with, this Ordinance, accessory off-street parking and loading spaces, and accessory signs as herein regulated.

4.

Home Occupations including the following customary activities limited to medical, professional, vocational, business, trade or personal service excluding storefront retail sales.

5.

Temporary uses subject to the regulations of Article 8, Section 2.

1.3.

Uses Permitted by Special Use Permit. The following uses may be permitted by special use permit approved by the Town Council following a recommendation by the Planning Commission in accordance with the procedures, guides and standards of Article 10:

1.

Cemeteries.

2.

Convalescent homes, rest homes, nursing homes, homes for the aged or retirement homes.

3.

Hospital or clinics for humans.

4.

Nursery schools, kindergartens, child care centers, day nursery, or day care centers.

5.

Private schools, colleges or universities.

6.

Radio or television transmission or receiving tower not more than 75 feet in height measured from the ground level of the tower.

7.

Recreational uses or facilities for a private membership, such as clubs and lodges, golf courses, game courts, swimming pools, archery ranges, fishing or boating lakes, picnic grounds, or similar activities, and accessory facilities, including sale of food, beverages, bait, incidentals, supplies and equipment.

8.

Stable, private, or keeping of horses, ponies or other livestock for personal enjoyment and not as a business, provided that any building for keeping of animals shall be located at least 100 feet from any side or rear lot line and provided that no more than one such animal shall be kept for each acre of land on the premises.

9.

Bed and Breakfast.

10.

Churches and other places or worship, and their accessory uses associated therewith. Accessory uses may include daycare, "soup kitchens", temporary shelters, special camps and other services provided by the congregation but which are considered by this Ordinance to be secondary to the primary function of the church for religious services.

When filing an application for a special use permit for a church the applicant must list each accessory use it intends to operate. Permits for churches may be approved without the entire proposed accessory uses. After the approval of the initial use permit for a church, subsequent applications must be made for any new accessory use or change in an existing accessory use.

When considering a request for a special use permit for a church and any other accessory uses, the Planning Commission and Council may consider the following and impose those conditions necessary to mitigate impacts: traffic; parking; hours of operation; impact on adjacent neighborhood; types of special events; time limitations for accessory uses such as for shelters; number of students in church schools and daycare; number of inhabitants for shelters.

11.

Accessory dwelling units.

12.

General agriculture, farming and forestry, including tilling the soil, raising of crops, truck gardens, field crops, orchards or nurseries for growing or propagation and harvesting of plants, turf, trees and shrubs and in general uses commonly classified as general agriculture; provided that temporary open air stands not exceeding 200 square feet in area for seasonal sales of products raised on the premises, and the raising of large animals, such as cows, horses, sheep, or goats, on a farm of ten acres or more, or the raising for sale of birds, bees, fish, rabbits, or other small animals on a lot of two acres or more shall be permitted only as a special exception; and provided no retail or wholesale business office or store is permanently maintained on the premises, and not including commercial slaughtering or processing of animals or poultry. The raising of hogs is strictly prohibited.

13.

Public or governmental building and uses, including governmental offices, libraries, schools, fire stations (volunteer or otherwise), parks, parkways and playgrounds.

14.

Public utility or public service or transportation uses, treatment plants, water storage tanks, pumping stations or regular stations, utility storage yards, substations and major transmission lines.

15.

Telecommunications service equipment and facilities on publicly owned property.

16.

Short term rental.

1.4.

Reserved.

1.5.

Permitted Signs. Subject to the general sign regulations of Article 7.

1.6.

Lot Size Standards.

1.

Single-family Dwellings.

Minimum Lot Area: With or without both public water and sewer service—40,000 square feet.

Minimum Lot Width: With or without both public water and sewer service—200 feet.

Minimum Lot Depth: With or without both public water and sewer service—200 feet.

Minimum Street Frontage: Twenty-five (25) feet.

2.

Other uses: same as for single-family detached dwelling or as specified in the district regulations.

3.

Lot width is measured at the front building setback line.

4.

Building, coverage shall be limited to a maximum of 35% of the lot area.

The above minimum requirements are subject to the modifications as contained in Article 8, Section 6 of this Ordinance for qualified cluster subdivisions.

1.7.

Yard and Setback Standards.

1.

Single-family Dwelling.

Minimum Front Yard: Twenty-five (25) feet.

Minimum Side Yard: Ten (10) feet.

Minimum Rear Yard: Thirty (30) feet.

The minimum front yard shall be measured from the front lot line to the front building setback line.

2.

Other principal structures: same as single-family dwelling or as required in the district regulations.

3.

Accessory structures attached to the main building shall be considered part of the main building and comply with front, side and rear yard requirements.

4.

Detached accessory structures shall not be closer than five (5) feet to any property line, easement or right of way. Detached accessory structures greater in height than fifteen (15) feet shall meet the minimum yard restrictions of the main structure.

1.8.

Special Provisions for Corner Lots.

1.

Each corner lot shall have two front yards and two side yards. Those yards abutting the street shall be considered the front.

2.

Where a front yard is provided, fences, signs, landscaping, shrubbery, evergreens and trees in excess of three feet in height are not permitted within fifteen (15) feet of the corner of a lot at intersecting streets.

1.9.

Height Standards. Buildings may be erected up to thirty-five (35) feet in height except that:

1.

A public or semi-public building such as a school, church, or library, may be erected to a height of 60 feet from the grade provided that required front, side and rear yards shall be increased one foot for each foot in height over 35 feet.

2.

Church spires, belfries, cupolas, monuments, water towers, chimneys, flues, and flag poles of any height, and television antennas up to 50 feet in height, are exempt from height regulations. Parapet walls may be up to four feet above the height of the building on which the walls rest. These items need to meet yard and setback standards of main dwelling.

3.

No accessory structure that is within five (5) feet of any party lot line shall be more than fifteen (15) in height. All accessory structures shall be of less height than the main building on the lot.

1.10.

Off-Street Parking and Loading Standards. Off-street parking and loading standards and space requirements for particular uses are contained in Article 6.

1.11.

Landscaping, Screening and Open Space. Regulations for landscaping, screening and open space are contained in Article 9.

(Ord. of 12-14-2015(1); Ord. of 4-9-2018)

2.1.

Purpose of the District. The purpose of this district is to provide for low-density single-family residential development together with those public and semi-public uses and accessory uses as may be necessary or are normally compatible with residential surroundings. Areas designated with this district are presently developed or are proposed for development with the associated public utility system to support higher density residential development.

Accessory residential dwellings may be approved under a special use permit approved by the Town Council. Certain other uses necessary to support a residential district or provide complementary services such as recreational and utility uses may be permitted under a Special Use or Commission Permit approved by the Town Council or Planning Commission.

Land developed under these district regulations may use the optional area and bulk regulations as contained in Article 8, Section 6—"Cluster Development Regulations" of the Ordinance so as to achieve a more environmentally sensitive and efficient use of the land being developed.

2.2.

Permitted Uses. A building or land shall be used only for the following purposes:

1.

Detached single-family dwellings, as described in Section 1.2.1.

2.

Public utility facilities as described in Section 1.2.2.

3.

Accessory buildings and uses as described in Section 1.2.3.

4.

Home Occupations as described in Section 1.2.4.

5.

Temporary uses subject to the regulations of Article 8, Section 2.

2.3.

Uses Permitted by Special Use Permit. The following uses may be permitted by special use permit approved by the Town Council following report by the Planning Commission in accordance with the procedures, guides and standards of Article 10:

1.

Cemeteries.

2.

Convalescent homes, rest homes, nursing homes, assisted living facilities or homes for the aged.

3.

Family-care homes or foster homes.

4.

Hospital or clinic for humans.

5.

Nursery schools, kindergartens, child care centers, day nursery, or day care centers.

6.

Private schools, colleges, or universities.

7.

Radio or television transmission or receiving tower not more than 75 feet in height.

8.

Recreational uses or facilities as described in Section 1.3.8.

9.

Stables for the keeping of horses as described in Section 1.3.9.

10.

Bed and Breakfast.

11.

Churches and other places of worship as described in Section 1.3.11.

12.

Accessory dwelling units.

13.

Public or governmental buildings as described in Section 1.3.13.

14.

Public utility or public service facilities as described in Section 1.3.14.

15.

Telecommunications service equipment and facilities on publicly owned property.

16.

Short term rental.

2.4.

Reserved.

2.5.

Permitted Signs. Subject to the general sign regulations of Article 7.

2.6.

Lot Size Standards.

1.

Single Family Dwelling.

a.

Minimum Lot Area:

i.

With both public water service and public sewer service: 15,000 square feet.

ii.

Without public sewer service or public water service: 40,000 square feet.

b.

Minimum Lot Width:

i.

With both public water service and public sewer service: 100 feet.

ii.

Without public sewer service or public water service: 200 feet.

c.

Minimum Lot Depth:

i.

With both public water service and public sewer service: 150 feet.

ii.

Without public sewer service or public water service: 200 feet.

d.

Minimum Street Frontage: Twenty-five (25) feet.

2.

Other uses same as for single-family dwelling or as specified in the district regulations.

3.

Lot width is measured at the front building setback line.

4.

Building, coverage shall be limited to a maximum of Thirty Five (35) percent of the lot area.

The above minimum requirements are subject to the modifications as contained in Article 8, Section 6 of the Ordinance for qualified cluster subdivisions.

2.7.

Yard and Setback Standards.

1.

Single-family Dwelling.

Minimum Front yard: Twenty (20) feet minimum except in developed areas where the front yard shall not be less than the smaller of the front yards of the two immediately adjacent buildings.

Minimum Side yard: Seven and ½ feet. For all single-family dwellings and their accessory structures, the side setback shall be seven and ½ feet (7.5), provided that one (1) side yard may be reduced to five (5) feet. The aggregate width of both side yards on any lot shall not be less than thirty (30) percent of the required width of the lot.

Minimum Rear yard: Twenty-five (25) feet.

2.

Other principal structures: same as single-family dwelling or as required in the district regulations.

3.

Accessory structures attached to the main building shall be considered part of the main building and comply with front, side, and rear yard requirements.

Detached accessory structures shall not be closer than five (5) feet to any property line, easement or right of way. Detached accessory structures greater in height than fifteen (15) feet shall meet the minimum yard standards for a principal structure.

2.8.

Special Provisions for Corner Lots.

1.

Each corner lot shall have two front yards and two side yards. Those yards abutting the street shall be considered the front.

2.

Where a front yard is provided, fences, signs, landscaping, shrubbery, evergreens and trees in excess of three feet in height are not permitted within 15 feet of the corner of a lot at intersecting streets.

2.9.

Non-Conforming Lot Provision. Where there are existing recorded lots within the Town of Hamilton, which do not meet the minimum lot area and/or width requirements, single-family dwellings may reduce the required yard standards set out in Article 4, Section 2.7 (1) of the Hamilton Zoning Ordinance up to 50%, as long as a side yard shall be not less than five feet and the sum of the side yards shall be not less than 10 feet and as long as all other requirements, except lot size and lot width, are met.

2.10.

Height Standards. The standards of Section 1.9 shall apply.

2.11.

Off-Street Parking and Loading Standards. Off-street parking and loading standards and space requirements for particular uses are contained in Article 6.

2.12.

Landscaping, Screening and Open Space. Regulations for landscaping, screening and open space are contained in Article 9.

(Ord. of 12-14-2015(1); Ord. of 4-9-2018)

3.1.

Purpose of the District. The purpose of this district is to provide for medium-density single-family detached residential development together with those public and semi-public uses and accessory uses as may be necessary or are normally compatible with medium-density residential surroundings. Areas designated with this district are presently developed or are proposed for development with the proposed public utility system to support medium density residential development.

Accessory residential dwellings may be approved under a special use permit approved by the Town Council. Certain other uses necessary to support a residential district or provide complementary services such as recreational and utility uses may be permitted under a Special Use or Commission Permit approved by the Town Council or the Planning Commission.

Land developed under the district regulations may use the optional area and bulk regulations as contained in Article 8, Section 6—"Cluster Development Regulations" of this Ordinance so as to achieve a more environmentally sensitive and efficient use of the land being developed.

3.2.

Permitted Uses. A building or land shall be used only for the following purposes:

1.

Detached single-family dwellings as described in Section 1.2.1.

2.

Public utility facilities as described in Section 1.2.2.

3.

Accessory buildings and uses as described in Section 1.2.3.

4.

Home Occupations as described in Section 1.2.4.

5.

Temporary uses subject to the regulations of Article 8, Section 2.

3.3.

Uses Permitted by Special Use Permit. The following uses may be permitted by special use permit approved by the Town Council following report by the Planning Commission in accordance with the procedures, guides and standards of Article 10:

1.

Cemeteries.

2.

Convalescent homes, rest homes, nursing homes, assisted living facilities or homes for the aged.

3.

Hospital or clinic for humans.

4.

Nursery schools, kindergartens, child care centers, day nursery, or day care centers.

5.

Private schools, colleges, or universities.

6.

Radio or television transmission or receiving tower not more than 75 feet in height measured from the ground level of the tower.

7.

Recreational uses or facilities as described in Section 1.3.8.

8.

Stables for the keeping of horses as described in Section 1.3.9.

9.

Bed and Breakfast.

10.

Churches and other places of worship as described in Section 1.3.11.

11.

Accessory dwelling units.

12.

Public or governmental buildings as described in Section 1.3.13.

13.

Public utility or public service facilities as described in Section 1.3.14.

14.

Telecommunications service equipment and facilities on publicly owned property.

15.

Short term rental.

3.4.

Reserved.

3.5.

Permitted Signs. Subject to the general sign regulations of Article 7.

3.6.

Lot Size Standards.

1.

Single-family dwelling.

a.

Minimum Lot Area:

i.

With both public water service and public sewer service: 10,000 square feet.

ii.

Without public sewer service or public water service: 40,000 square feet.

b.

Minimum Lot Width:

i.

With both public water service and public sewer service: Eighty (80) feet.

ii.

Without public sewer service or public water service: Two hundred (200) feet.

c.

Minimum Lot Depth:

i.

With both public water and sewer service: One hundred and twenty-five (125) feet.

ii.

Without public sewer service or public water service: Two hundred (200) feet.

d.

Minimum Street Frontage: Twenty-five (25) feet.

2.

Building coverage shall be limited to a maximum of Thirty Five (35) percent of the lot area.

3.

Other uses same as for single-family dwelling or as specified in the district regulations.

4.

Lot width is measured at the front building setback line.

The above minimum requirements are subject to the modifications as contained in Article 8, Section 6 of this Ordinance for qualified cluster subdivisions.

3.7.

Yard and Setback Standards.

1.

Single-Family Dwellings.

Minimum Front yard: Twenty (20) feet

Minimum Side yard: Seven and a half (7.5) feet.

Minimum Rear yard: Twenty (20) feet.

The minimum front yard shall be measured from the front lot line to the front building setback line.

2.

Other principal structures shall be the same as single-family dwelling or as required in the district regulations.

3.

Accessory structures attached to the main building shall be considered part of the main building and comply with front, side and rear yard requirements. (For decks, see Article 8 Section 1.6, No. 7 and 8).

4.

Detached accessory structures shall not be closer than five (5) feet to any property line.

5.

Detached accessory structures greater in height than fifteen (15) feet shall meet the minimum yard requirements for a principal structure.

3.8.

Special Provisions for Corner Lots.

1.

Each corner lot shall have two front yards and two side yards. Those yards abutting the street shall be considered the front.

2.

Where a front yard is provided, fences, signs, landscaping, shrubbery, evergreens and trees in excess of three feet in height are not permitted within 15 feet of the corner of a lot at intersecting streets.

3.9.

Height Standards. The standards of Section 1.9 shall apply.

3.10.

Off-Street Parking and Loading Standards. Off-street parking and loading design standards and space requirements for particular uses are contained in Article 6.

3.11.

Landscaping, Screening and Open Space. Regulations for landscaping, screening and open space are contained in Article 9.

(Ord. of 12-14-2015(1); Ord. of 4-9-2018)

4.1.

Purpose of the District. The purpose of this district is to provide for high-density residential development together with those public and semi-public uses and accessory uses as may be necessary or are normally compatible with high-density residential surroundings. Areas designated with the district are presently developed or are proposed for development with the proposed public utility system to support high-density residential development. The high density permitted by this district will provide the diversity of housing types within the Town sufficient to provide housing for a broad segment of population.

Accessory residential dwellings may be approved under a Special Use approved by the Board of Zoning Appeals. Certain other uses necessary to support a residential district or provide complementary services such as recreational and utility uses may be permitted under a Special Use or Commission Permit approved by the Town Council or Planning Commission.

4.2.

Permitted Uses. A building or land shall be used only for the following purposes:

1.

Detached single-family dwellings subject to the provisions of the R-3 Residential District. Accessory dwelling units are permitted as a Special Use Permit.

2.

Duplex residential dwellings.

3.

Single-family attached dwellings.

4.

Public utility facilities as described in Section 1.2.2.

5.

Accessory buildings and uses as described in Section 1.2.3.

6.

Temporary uses subject to the regulations of Article 8, Section 2.

4.3.

Uses Permitted by Special Use Permit. The following uses may be permitted by special use permit approved by the Town Council following report by the Planning Commission in accordance with the procedures, guides and standards of Article 10:

1.

Nursery schools, kindergartens, child care centers, day nursery, or day care centers.

2.

Recreational uses or facilities as described in Section 1.3.8.

3.

Churches and other places of worship as described in Section 1.3.11.

4.

Public or governmental buildings as described in Section 1.3.13.

5.

Public utility or public service facilities as described in Section 1.3.14.

6.

Telecommunications service equipment and facilities on publicly owned property.

7.

Short term rental.

4.4.

Reserved.

4.5.

Permitted Signs. Subject to the general sign regulations of Article 7.

4.6.

Lot Size Standards.

1.

Single Family Dwellings Subject to the provisions of the R-3 Residential District.

2.

Duplex Dwellings.

Minimum Lot Area: With both public water and sewer service—12,000 square feet.

Minimum Lot Width: With both public water and sewer service—85 feet.

Minimum Lot Depth: With both public water and sewer service—140 feet.

Minimum Street Frontage: 25 feet.

3.

Single-family attached Dwellings.

Minimum Lot Area: With both public water and sewer service—2,000 square feet.

Minimum Lot Width: With both public water and sewer service—22 feet for interior lots and 30 feet for corner lots.

Minimum Lot Depth: With both public water and sewer service—100 feet.

Minimum Street Frontage: 20 feet.

Minimum Gross Floor Area per Dwelling: 1,600 square feet with a minimum of 660 square feet per floor.

4.

Building coverage shall be limited to a maximum of Forty (40) percent of the lot area.

5.

Other uses same as for single-family detached dwelling or as specified in the district regulations.

6.

Lot width is measured at the front building setback line.

4.7.

Yard and Setback Standards.

1.

Single-family Dwelling: Regulated by the provisions of the R-3 Residential District.

2.

Duplex Residential.

Minimum Front Yard: 35 feet.

Minimum Side Yard: 15 feet.

Minimum Rear Yard: 25 feet.

3.

Single-family Attached Residential.

Minimum Front Yard: 15 feet.

Minimum Side Yard: 0 feet for interior lots; 15 feet for end and corner lots.

Minimum Rear Yard: 25 feet.

Minimum Lot Coverage: 40 percent.

4.8.

Maximum Density of Development. Duplex Residential—6 dwellings per acre.

Single-family Attached Residential—6 dwelling units per acre.

4.9.

Special Provisions for Corner Lots.

1.

Each corner lot shall have two front yards and two side yards. Those yards abutting the street shall be considered the front.

2.

Where a front yard is provided, fences, sign, landscaping, shrubbery, evergreens and trees in excess of three feet in height are not permitted within fifteen (15) feet of the corner of a lot at intersecting streets.

4.10.

Height Standards. The standards of Section 1.9 shall apply.

4.11.

Off-Street Parking and Loading Standards. Off-street parking and loading design standards and space requirements for particular uses are contained in Article 6.

4.12.

Landscaping, Screening and Open Space. Regulations and standards for landscaping and open space are contained in Article 9 and Single-family Attached design specified in 4.13 below.

4.13.

Attached Single-Family Residential Development Criteria.

1.

The minimum parcel area for a single-family attached residential area shall be 3.0 acres. The site design shall be designed so as to preserve natural topography and vegetation and to minimize adverse impact of moving and parked vehicles within the development and its surroundings by means of town-scale grid and curved streets, clustered building groups, careful distribution of open space, interior screened parking, interrupted parking bays or courts, landscape screening, and other appropriate design features and considerations.

2.

A maximum density of six units per gross acre, excluding flood plain and slopes exceeding 25 percent, shall be permitted subject to site plan approval as provided for by Article 5, Section 5.1.1c of the Land Development and Subdivision Control Ordinance.

3.

The minimum lot area per dwelling unit shall be 2,000 square feet. The minimum lot width shall be 22 feet for interior lots and 30 feet for end and corner lots. Lots may be delineated by dashed lines and need not be sold separately in qualified attached single-family dwelling projects.

4.

Every dwelling unit shall have a minimum gross floor area of 1,600 square feet with a minimum of 660 square feet per floor, exclusive of attic and exclusive of basements that are more than 50 percent underground.

5.

Maximum building height shall comply with the requirements of Section 1.9.

6.

The maximum lot coverage shall be 40 percent.

7.

All single-attached dwellings except end units and corner lots shall occupy the full width of the lot.

8.

A minimum of 6 dwellings is required for each development.

9.

Rear access may be required for emergency vehicles as determined by the Fire Marshal.

10.

A common green area may be provided in lieu of a part of the minimum lot area or to meet maximum project density requirements, subject to the following provisions:

a.

When a common green area is provided, the minimum lot area may be reduced below 2,000 square feet where the Planning Commission determines that such reduction results in usable, common open space and the provision of active recreational facilities such as swimming pools, tot lots, multi-purpose courts or playing fields. In no event, however, shall the minimum lot area be reduced below 1,500 square feet or maximum density be increased above eight units per gross acre or lot coverage including dwelling and accessory buildings exceed 50 percent.

b.

The common green area may be utilized only for lawns, trees, planting area, ornamental pools, similar landscaping uses, and swimming pools. No part of the common green area may be utilized for automobile driveways or parking areas, for sidewalks or paved play areas, or for other similar paved areas.

c.

In connection with single-family attached developments, provisions satisfactory to the Planning Commission shall be met by the developer to assure that non-public common green areas for use and enjoyment of occupants, shall be properly maintained without expense to the Town of Hamilton in accordance with the applicable provisions of local, county and state regulations that pertain to the responsibilities of homeowner associations as established under these regulations.

11.

No motor vehicle shall be parked on any lot upon which a single-family attached dwelling has been or is to be erected unless a garage is provided as part of the unit. No single-family attached dwelling shall have a garage or carport attached to its exterior facade. No garage shall be converted to a living area.

12.

Single-family attached dwellings abutting each other shall have complementary but not identical facades.

13.

There shall be at least three, but no more than eight, townhouse dwellings continuously connected, provided that the average number of units continuously connected shall not exceed eight. There shall be an open space of at least 30 feet between any two such groups of continuously connected buildings.

14.

No more than two abutting townhouse dwellings shall have the same front yard setbacks. Building setback variations as required shall be at least two feet. No more than two abutting townhouses shall have a common roofline.

15.

Soundproof and fireproof walls shall be provided between adjoining dwellings at least up to and including the underside of the roof.

16.

Service area and rear yards visible from a street shall be appropriately screened as referenced in Article 9.

17.

Each lot containing a townhouse shall provide a private rear yard at least 200 square feet in area and at least 25 feet in depth.

18.

Each dwelling shall be self-contained as to heating, air conditioning and utilities.

19.

The developer shall provide front yard areas and common areas with lawn and appropriate shrubbery planting except on areas designated for walks and driveways. The lawn and shrubbery planting shall be subject to Article 9 of this document.

20.

Common refuse bins shall be completely screened from view by means of a fence or wall, and an appropriately designed gate that can be latched open and closed.

21.

Each development site shall have a publicly dedicated or approved private street throughout the development so as to adjoin all private parking lots and access courts. Townhouse lots that abut a private street and/or parking lot or access court shall meet the following criteria:

a.

Private streets, parking lots and access courts shall be constructed in conformance with the applicable sections of the Land Development and Subdivision Control Ordinance.

b.

A homeowner's association under the applicable local, county and state regulations shall be formed to ensure maintenance of private streets, parking lots and access courts.

c.

No more than 25 lots shall abut a parking lot or access court. For the purpose of this regulation, an access court is a series of parking spaces served directly by a private access way which has only one access connection to a public or private street and which is connected to no more than one other access court so that the two together have two access connections to public or private streets and together serve no more than 50 lots.

d.

All private streets, parking lots and access courts shall provide permanent pedestrian and vehicular access between the lots created and a public street, i.e., curb, gutter and sidewalks.

e.

Parking lots and access courts shall be landscaped according to Article 9 of this Ordinance.

f.

Private streets, parking lots and access courts shall be clearly identified as private. A single sign, not to exceed two square feet in area, shall be posted at the entrance of each such street or parking court, displaying only the words "Private Drive" and the addresses of any residences utilizing the private street or parking court.

g.

All private streets shall be at least 30 feet in width, shall be of a paved surface and constructed in accordance with then applicable Virginia Department of Transportation pavement design standards and in accordance with the Land Development and Subdivision Ordinance. All private streets abutting dwellings shall also provide a sidewalk between the private street and such dwellings. All private cul-de-sacs shall conform to the recommendations of the Fire Marshal. The construction, ownership and maintenance responsibilities of private streets shall not be the obligation of the Commonwealth of Virginia or the Town of Hamilton.

22.

Accessory structures shall not exceed 10 feet in height and shall be located only to the rear of the main structure and shall be no closer than one foot from the side or rear property line or 10 feet from the outside line of end and corner lots, unless it constitutes a part of a fence or wall.

(Ord. of 12-14-2015(1); Ord. of 4-9-2018)

5.1.

Purpose of the District. The purpose of this district is to provide for a transition between business and/or industrial development and residential development. Uses permitted in this district shall be limited in nature to offices and professional service uses and be of such intensity that there is effected a rational separation between intense land use activity and low/medium density residential development. Areas designated with this district are presently developed or are proposed for development with the proposed public utility system to support this limited business development.

5.2.

Permitted Uses. A building of less than or equal to 5,000 square feet or land shall be used only for the following purposes:

1.

Offices and office buildings, businesses, professional, or administrative, provided that no retailing, wholesaling or servicing shall be permitted on the premises nor shall the storage or display of merchandise be serviced or offered for sale elsewhere, and, except as herein provided, there shall be no machinery or equipment other than machinery or equipment customarily found in offices.

2.

Banks, financial services, savings and loan or small loan office, without drive-in services.

3.

Clinics, medical or dental.

4.

Data processing center.

5.

Employment agency.

6.

Funeral home or undertaking establishments, provided all hearses, or other special vehicles are parked or stored inside a completely enclosed building and no crematory services are offered and/or conducted on site.

7.

Studio for an artist, designer, writer, photographer, sculptor, or musician, provided that no heavy machinery or industrial equipment is used in conjunction with this use.

8.

Bed and breakfast facility.

9.

Accessory uses, including but not limited to the following:

a.

Coin operated and vending machines for food, ice, soft drinks and sundries inside a building and for the use of the occupant thereof.

b.

Lunchroom or snack bar for the use of employees.

c.

Storage of office supplies or merchandise normally carried in stock or used in connection with the permitted use provide that such storage does not exceed 10 percent of the total floor area of the building.

10.

Temporary uses subject to the regulations of Article 8, Section 2.

5.3.

Uses Permitted by Special Use Permit. The following uses may be permitted by special use permit approved by the Town Council following report by the Planning Commission in accordance with the procedures, guides and standards of Article 10:

1.

Business or technical school.

2.

Single Family Residential.

3.

Nursery schools, kindergartens, child care centers, day nurseries or day care centers.

4.

Churches and other places of worship as described in Section 1.3.11.

5.

Commercial buildings in excess of 5,000 square feet.

6.

Public or governmental buildings as described in Section 1.3.13.

7.

Public utility or public service facilities as described in Section 1.3.14.

8.

Telecommunications service equipment and facilities on publicly owned property.

5.4.

Reserved.

5.5.

Permitted Signs. Subject to the general sign regulations of Article 7.

5.6.

Lot Size Standards.

1.

For permitted uses the minimum lot size shall be 20,000 square feet with minimum lot width of 100 feet and a minimum lot depth of 150 feet, unless an existing building is converted to such use in which case the existing lot will be considered adequate if required parking can be provided.

2.

Building coverage shall be limited to a maximum of 40 percent of lot area.

3.

Building, parking and driveway coverage shall be limited to a maximum of 80% of lot area.

4.

Lot width is measured at the minimum front yard building restriction line.

5.

Minimum street frontage is 50 feet.

5.7.

Yard and Setback Standards.

1.

Office or other building.

Minimum Front Yard: Thirty-five (35) feet.

Minimum Side Yard: Fifteen (15) feet.

Minimum Rear Yard: Forty (40) feet.

5.8.

Special Provisions for Corner Lots.

1.

Each corner lot shall have two front yards and two side yards. Those yards abutting the street shall be considered the front.

2.

Where a front yard is provided, fences, signs, landscaping, shrubbery, evergreens and trees in excess of three feet in height are prohibited within 15 feet from the corner of a lot at intersecting streets.

5.9.

Special Regulations for Offices and Other New Commercial Buildings.

1.

Site Plan Required. Site plan approval is required. An office park or office buildings or other commercial buildings shall be designed to promote harmonious relationships with surrounding adjacent and nearby properties, developed and undeveloped, and to this end may employ such design techniques as may be appropriate to a particular case, including location of permitted uses, orientation, spacing and setback of buildings, maintenance of natural vegetation, location of access points, size and location of signs, open spaces, and parking areas, grading, landscaping and servicing.

2.

Access. The principal means of access for an office park containing more than 2,500 square feet of floor area shall be from arterial and collector thoroughfares. In no case shall the principal means of access for such building be from a minor residential street. Access points shall be designed to minimize traffic hazard and congestion in accord with accepted principles of traffic engineering and established Town policies.

3.

Parking. Off-street parking for individual uses shall be provided in accord with the provisions of Article 6. No parking shall be permitted within a required front yard.

4.

Loading. Off-street loading space for individual uses shall be provided in accord with the provisions of Article 6. Loading operations shall be conducted within a building and screened from general public view from fronting streets or shall be conducted at the side or rear of buildings.

5.

Landscaping. Any part of the lot or project area not used for buildings or other structures, parking, loading and access ways, shall be landscaped with appropriate planting or with pedestrian walks in accordance with an approved landscaping plan.

6.

Refuse. Refuse containers or refuse storage shall be located in a paved area or on a concrete pad and hidden from general public view, either from within or outside the premises by means of fences, walls, or landscape planting.

7.

Equipment. Equipment shall be located in a paved area or on a concrete pad and hidden from general public view, either from within or outside the premises by means of fences, walls, or landscape planting.

8.

Drainage. Provision shall be made for proper storm water drainage. Water from parking and loading areas shall not be permitted to drain onto adjacent property except into a natural watercourse or a drainage easement, as long as the natural watercourse or drainage easement is found to be able to sufficiently handle the increased runoff by the Town Engineer. Provision shall be made for protection against erosion and sedimentation in accord with applicable town ordinances.

5.10.

Height Standards. Buildings may be erected up to 30 feet in height except that:

1.

Reserved.

2.

A public or semi-public building such as a school, church, or library, may be erected to a height of 45 feet from grade provided that required front, side and rear yards shall be increased one foot for each foot in height over 30 feet.

3.

Church spires, belfries, cupolas, monuments, water towers, chimneys, flues, and flagpoles of any height, and television or radio antennas up to 65 feet in height, are exempt from height regulations. Parapet walls may be up to four feet above the height of the building on which the walls rest.

4.

No accessory structure that is within 10 feet of any adjoining owner lot line shall be more than 15 feet. Accessory structures over 15 feet in height shall meet primary setbacks of the district. All accessory structures shall be of less height than the main buildings on the lot.

5.11.

Off-Street Parking and Loading Standards. Off-street parking and loading standards and space requirements for particular uses are contained in Article 6.

5.12.

Landscaping, Screening and Open Space. Regulations for landscaping, screening and open space are contained in Article 9.

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

6.1.

Purpose of the District. The purpose of this district is to provide for local retail businesses and service uses necessary to serve the residents of the Town and outlying community. A range of business and service uses included will serve a broad segment of the existing and planned community. Areas designated with this district are presently developed or are proposed for development with the proposed public utility system to support this business development.

6.2.

Permitted Uses. A building of less than or equal to 5,000 square feet or land shall be used only for the following purposes:

1.

All uses permitted in the C-1 District.

2.

Bakeries, provided that the majority of products produced on the premises are sold at retail on the premises.

3.

Banks and other financial institutions, with or without drive thru services through services.

4.

Barber shops or beauty parlors, or other personal services businesses.

5.

Bed and breakfast facility.

6.

Bicycle sales and repair shops.

7.

Clinics, medical or dental.

8.

Employment agency, data processing center.

9.

Funeral home or undertaking establishment provided no crematory services are offered and/or conducted on site.

10.

Nurseries for growing plants, trees and shrubs, including such accessory items as normally associated with retail nurseries.

11.

Offices, general business or professional.

12.

Public parking lots, parking spaces and parking areas.

13.

Pet shop or dog beauty parlor, provided that any work rooms, cages, pens or kennels be maintained within a completely enclosed, soundproof building and that such shop or parlor be operated in such a way as to produce no objectionable noise or odors outside its walls.

14.

Printing, publishing, and engraving establishments, photographic processing or blueprinting with floor area not exceeding 2,500 square feet.

15.

Restaurants without drive-through service, not adjacent to a residential use.

16.

Shoe repairing shops.

17.

Stores or shops for the conduct of retail business, including sale of accessories, antiques, appliances, art or art supplies, beverages (alcoholic or otherwise), books, carpets, clothing, drugs, fabrics, flowers, food, furniture, hardware, jewelry, office supplies and stationery, shoes, paint, wallpaper, sporting goods, and similar stores and shops.

18.

Studios or shops for artists, photographers, writers, teachers, jewelers, weavers or other crafts, sculptors or musicians, provided that no heavy machinery or industrial equipment is used in conjunction with this use.

19.

Temporary stands or outdoor areas for sale of local produce, Christmas trees, wreaths, holly, and the like.

20.

Accessory buildings and uses, including accessory storage of supplies and merchandise normally carried in stock or used in connection with a permitted use, subject to applicable district regulations.

21.

Single family residential in existing structures.

22.

Temporary uses subject to the regulations of Article 8, Section 2.

6.3.

Uses Permitted by Special Use Permit. The following uses may be permitted by special use permit approved by the Town Council following report by the Planning Commission in accordance with the procedures, guides and standards of Article 10:

1.

Automobile service station, so long as bulk storage of inflammable and/or combustible liquids is underground, but not including temporary storage of wrecked or inoperable vehicles or storage or rental of trailers, campers, vans or similar equipment unless they can be fully screened from public view and provided that there is no parking of vehicles in setback areas.

2.

Hospital or clinic for small animals, dogs, cats, birds and the like, provided that such hospital or clinic and any treatment rooms, cages, pens or kennels, be maintained within a completely enclosed, soundproof building, and such hospital or clinic be operated in such a way as to produce no objectionable noise or odors outside its walls.

3.

Hotel, motel, motor lodge, or tourist home.

4.

Institutions, educational or philanthropic, including museums and art galleries.

5.

Nursery schools, kindergartens, child care centers, day nurseries, or day care centers.

6.

Private club, lodge, meeting or assembly hall, or fraternal organization or sorority, health club or fitness center.

7.

Radio, television or other communication tower not more than 75 feet in height measured from the ground level of the tower.

8.

Recreational uses or facilities for a private membership, such as clubs and lodges, game courts, swimming pools, archery range, picnic grounds, or similar activities, and accessory facilities, including sale of food, beverages, bait, incidentals, supplies and equipment.

9.

Business or technical schools.

10.

Billiard parlors or pool rooms, bowling alleys, theaters, electronic game center, miniature golf, or similar recreational establishments, indoor or outdoor.

11.

Auto sales, auto service and repair, provided that any outdoor storage of vehicles or equipment can be fully screened from public view and no vehicles shall be parked in setback areas.

12.

Plumbing and electrical supply service and sales.

13.

Feed and seed sales.

14.

Lawn mower, yard and garden equipment, rental, sales and service however no storage of wrecked or inoperable machinery or equipment allowed unless it can be fully screened from public view and no equipment or machinery shall be stored in setback areas.

15.

Rental of household items, tools and appliances, provided that any outdoor storage of vehicles or equipment can be fully screened from public view and no equipment or machinery shall be stored in setback areas.

16.

Catering.

17.

Commercial buildings in excess of 5,000 square feet.

18.

Restaurants, adjacent to a residential use, with or without drive through service.

19.

Public or governmental buildings as described in Section 1.3.13.

20.

Public utility or public service facilities as described in Section 1.3.14.

21.

Telecommunications service equipment and facilities on publicly owned property.

22.

Stone monument establishment.

6.4.

Reserved.

6.5.

Permitted Signs. Subject to the general sign regulations of Article 7.

6.6.

Lot Size Standards.

1.

For permitted uses the minimum lot size shall be 20,000 square feet with a minimum lot width of 100 feet and minimum lot depth of 150 feet, unless an existing building is to be converted to such use in which case the existing lot will be considered adequate if required parking can be provided.

2.

Building coverage shall be limited to a maximum of forty (40) percent of lot area.

3.

Building, parking and driveway coverage shall be limited to a maximum of 80% of lot area.

4.

Lot width is measured at the minimum front yard building restriction line.

5.

Minimum street frontage is 50 feet.

6.7.

Yard and Setback Standards. All structures:

Minimum Front Yard: Fifteen (15) feet.

Minimum Side Yard: Ten (10) feet.

Minimum Rear Yard: Twenty-five (25) feet.

See Article 7 for exceptions for signs and certain other structures.

6.8.

Special Provisions for Corner Lots.

1.

Each corner lot shall have two front yards and two side yards. Those yards abutting the street shall be considered the front.

2.

Where a front yard is provided, fences, signs, landscaping, shrubbery, evergreens and trees in excess of three feet in height are prohibited within 15 feet from the corner of a lot at intersecting streets.

6.9.

Special Regulations for Business and Commercial Buildings.

1.

Reserved.

2.

Site Plan. Where approval of a site plan is required, the plan shall be designed to promote careful use of topography and to promote harmonious relationships with adjacent and nearby residential and business properties, developed or undeveloped, and to this end shall provide effective screening along side and rear property lines by means of fences, walls, hedges, planting screen or natural vegetation in accord with the requirements of this Ordinance.

3.

Refuse. Refuse containers or refuse storage shall be located in a paved area or on a concrete pad and hidden from general public view, either from within or outside the premises, by means of fences, walls, or landscape planting.

4.

Equipment. Equipment shall be located in a paved area or on a concrete pad in an area hidden from within or outside the premises, by means of fences, walls, or landscape planning.

5.

Drainage. Provision shall be made for proper storm water drainage from parking and loading areas. Water shall not be permitted to drain from such areas onto adjacent property except into a natural watercourse or a drainage easement as long as the natural watercourse or drainage easement is found to be able to sufficiently handle the increased runoff by the Town Engineer. Provision shall be made for protection against erosion and sedimentation in accord with applicable town ordinances.

6.10.

Height Standards. Buildings may be erected up to 35 feet in height except that:

1.

Reserved.

2.

A public or semi-public building such as a school, church, or library, may be erected to a height of 45 feet provided that required front, side and rear yards shall be increased one foot for each foot in height over 35 feet.

3.

Church spires, belfries, cupolas, monuments, water towers, chimneys, flues, and flagpoles of any height, and television antennas up to 50 feet in height, are exempt from height regulations. Parapet walls may be up to four feet above the height of the building on which the walls rest.

6.11.

Off-Street Parking and Loading Standards. Off-street parking and loading design standards and space requirements for particular uses are contained in Article 6.

6.12.

Landscaping, Screening and Open Spaces. Regulations for landscaping, screening and open space are contained in Article 9.

(Ord. of 12-14-2015(1); Ord. of 4-11-2016(1))

7.1.

Purpose of the District. The purpose of this district is to provide service and product activities that involve manufacturing, assembling and distribution of products or service activities that are by their nature an intensive use of the land through which traffic is generated by employment and/or the provision of service. The location of these districts is such that they require direct access to major highways and or collector road networks and are segregated from the residential areas of the community by transitional uses, open space, parks and applicable buffer treatment. Areas designated with this district are presently developed or are proposed for development with the proposed public utility system to support such industrial uses.

7.2.

Permitted Uses. A building of less than or equal to 6,000 square feet or land shall be used only for the following purposes:

1.

Agriculture and forestry as permitted in the R-1 Residential District.

2.

Single Family Dwellings for resident watchmen and caretakers employed on the premises.

3.

Retail and service establishments as follows:

a.

Banks and saving and loan offices.

b.

Business and office supply establishments.

c.

Clinics, medical or dental.

d.

Employment service agency.

e.

Hospital or clinic for small animals, dogs, cats, birds and the like, provided that such hospital or clinic and any treatment rooms, cages, pens or kennels, be maintained within a completely enclosed, soundproof building, and that such hospital or clinic be operated in such a way as not to produce objectionable noise or odors outside its walls.

f.

Office and office buildings, studios and the like, business, professional or administrative.

g.

Security service office or station.

h.

Temporary stands or outdoor areas or temporary truck parking, for sale of produce, Christmas trees, wreaths, holly and the like.

i.

Retail or wholesale sales and service incidental to a permitted manufacturing, processing, storing or distribution use.

4.

Automotive, motorcycle, off-road vehicle, bus or truck sales, service or repair.

5.

Blacksmith shop.

6.

Building material (cement, lime in bags or container, sand, gravel, stone, lumber, hardware, structural or reinforcing steel, pipe and the like), storage and sales, open or enclosed, but not manufacture or steel fabricating or junk storage.

7.

Coal, flour or grain elevator; coal or wood yard.

8.

Farm implements and tractor sales, service and repair.

9.

Feed and seed sales and storage, blending or packaging.

10.

Flour storage, blending and packaging, but not milling.

11.

Heating, ventilation, air conditioning and refrigeration, supply, manufacturing and sales.

12.

Lumber yards.

13.

Meat products, manufacture but not slaughtering of animals and poultry or smoking and curing of meat.

14.

Monuments and architectural stone.

15.

Nursery or landscaping service.

16.

Plumbing and electrical supplies, manufacture, sales or storage.

17.

Rug and carpet cleaning and storage with incidental sales of rugs and carpets.

18.

Sign fabricating and painting.

19.

Taxidermists.

20.

Tobacco products, cigars and cigarettes.

21.

Welding and soldering shops, machine shops.

22.

Wholesale merchandising or storage warehouse or distribution center but not a truck or freight terminal.

23.

Millwork or cabinetry, furniture manufacture.

24.

Upholstery.

25.

Toy manufacturer.

26.

Musical instruments manufacturer.

27.

Accessory buildings and uses, including but not limited to the following:

a.

Any accessory use permitted in the R-1 Residential District.

b.

Dwellings accessory to a farm of 10 acres or more.

c.

Retail and service facilities inside a principal building for the use of occupants thereof and occupants of other buildings in the industrial development. Retail and service facilities may include barber shops, beauty parlors, dining rooms, newsstands, restaurants, tobacco, drugs and sundries.

d.

Storage of supplies, merchandise, equipment or goods normally carried in stock, used or produced in connection with a permitted office, business, commercial or industrial use subject to applicable district regulations.

28.

Temporary uses subject to the regulations of Article 8, Section 2.

7.3.

Uses Permitted by Special Use Permit. The following uses may be permitted by Special Use Permit approved by the Town Council following report by the Planning Commission in accordance with the procedures, guides and standards of Article 10:

1.

Residential use of property for business only.

2.

Automobile service station.

3.

Restaurant without drive-through or a cafeteria.

4.

Radio, television or other communication tower more than 75 feet in height measured from the ground level of the tower.

5.

Trade, technical or business school.

6.

Commercial buildings in excess of 6,000 square feet.

7.

Public or governmental buildings as described in Section 1.3.13.

8.

Public utility or public service facilities as described in Section 1.3.14.

9.

Telecommunications service equipment and facilities on publicly owned property.

7.4.

Reserved.

7.5.

Permitted Signs. Subject to the general sign regulations of Article 7.

7.6.

Lot Size Standards. Minimum lot size is 3 acres or greater as may be required by the applicable building and fire code regulations.

1.

Building, parking and driveway coverage shall be limited to a maximum of 80 % of the lot area.

7.7.

Yard and Setback Standards. All structures:

Minimum Front Yard: Twenty (20) feet.

Minimum Side Yard: Ten (10) feet.

Minimum Rear Yard: Twenty (20) feet.

See Article 7 for exceptions for signs and certain other structures.

No structure shall be located closer than 50 feet to the boundary of a residential district.

7.8.

Special Provisions for Corner Lots.

1.

Each corner lot shall have two front yards and two side yards. Those yards abutting the street shall be considered the front.

2.

Where a front yard is provided, fences, signs, landscaping, shrubbery, evergreens and trees in excess of three feet in height are not permitted within 15 feet from the corner of a lot at intersecting streets.

7.9.

Special Regulations for Commercial and Industrial Buildings.

1.

Site Plan. Where approval of a site plan is required, the plan shall be designed to promote harmonious relationships with surrounding adjacent and nearby residential properties, developed and undeveloped, and to this end may provide protective screening along side and rear property lines by means of fences, walls, hedges, planting screen or natural vegetation in accord with the requirements of this Ordinance.

2.

Refuse. Refuse containers or refuse storage shall be located in an all-weather surface area and hidden from general public view from outside the premises by means of fences, walls, or landscape planting.

3.

Equipment. Equipment shall be located in an area hidden from the general public view either within or outside the premises by means of fences, walls, or landscape planting.

4.

Drainage. Provision shall be made for proper storm water drainage from parking and loading areas. Water shall not be permitted to drain from such areas onto adjacent property except into a natural watercourse or a drainage easement. Provision shall be made for protection against erosion and sedimentation in accord with applicable town ordinances.

5.

Fencing. All fencing shall have a uniform and durable character and shall be properly maintained, and in conformance with Article 9, Section 7. Fences.

6.

Hours of Operation. Businesses adjoining residential properties are limited to hours of operation from 7 a.m.—9 p.m. Exceptions are only granted per special use permits. See Article 10.

7.10.

Height Standards. Buildings may be erected up to 35 feet in height except that:

1.

Cupolas, monuments, water towers, chimneys, flues, and flagpoles of any height, any television and other communication towers up to 50 feet are exempt from height regulations. Parapet walls may be up four feet above the height of the building on which the walls rest.

7.11.

Off-Street Parking and Loading Standards. Off-street parking and loading design standards and space requirements for particular uses are contained in Article 6.

7.12.

Landscaping, Screening and Open Space. Regulations for landscaping, screening and open space are contained in Article 9.

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

8.1.

Purpose of the District. The purpose of this district is to provide for the reasonable and orderly interim regulations of use and development of land within areas annexed into the town or land that was designated as an agricultural district.

8.2.

Permitted Uses. A building or land shall be used only for the following purposes:

1.

Agriculture, forestry, and fisheries, provided however, that no such use shall be permitted which, because of the nature, location, or manner of operation is noxious, offensive, or dangerous because of noise, odor, fumes, gas, glare, vibration, smoke, emission or particulate matter or effluent, or for other reasons.

2.

Detached, single-family dwellings.

3.

Schools for not over 15 pupils.

4.

Circuses, carnivals, or similar temporary activities when organized or sponsored by nonprofit organizations, subject to the regulations of Article 8, Section 2.

5.

Noncommercial fairgrounds.

6.

Wayside stands for display and sale of products procured on the premises.

7.

Home occupations.

8.

Bed and Breakfast home stay establishments.

9.

Church, parish house, convent or monastery.

10.

Temporary uses subject to the regulations of Article 8, Section 2.

8.3.

Uses Permitted by Special Use Permit. The following uses may be permitted by special use permit approved by the Town Council following a recommendation by the Planning Commission in accordance with the procedures, guides and standards of Article 10.

1.

Commercial stable.

2.

Kennel.

3.

Veterinary service, animal hospital.

4.

Guest farms or ranches.

5.

Cemetery.

6.

Wayside bus shelters.

7.

Structures for exhibits and/or demonstrations operated by non-profit organizations.

8.

Manufactured home for use as a tenant house for an agricultural, forestal or fisheries operation.

9.

Manufactured home for use during the construction of a permanent dwelling.

10.

Private airport, heliport, flight strip.

11.

Day camp, boarding camp.

12.

Private club or lodge.

13.

Recreational structures or uses related to outdoors recreation, commercial or noncommercial.

14.

Rest home, nursing home, convalescent home, orphanage, or similar institution.

15.

Community centers.

16.

Volunteer fire and/or rescue squad structures or uses.

17.

Green house or nursery, commercial, wholesale or retail.

18.

Hospitals.

19.

Country inns.

20.

Farm machinery sales and service subject to the following criteria:

a.

The establishment shall be located on a paved, state maintained road not more than 1,000 feet from a primary state road.

b.

The structures and parking areas and/or the perimeter of the property shall be a landscaped screen sufficient to protect adjacent residential properties and no structures or parking shall be located in setback areas.

c.

Buildings shall be setback a minimum of 75 feet from all property lines.

d.

Parking, driveways (other than the entrance) and storage yards shall be setback a minimum of 75 feet from the property line along the state road entrance frontage, and a minimum of 50 feet from all other property lines.

e.

Sites for such establishments shall not be less than 5 nor more than 10 acres.

f.

Accessory retail sales shall be strictly limited to farm and garden equipment, parts and related tools and accessories. In no case shall the floor area devoted to the display and sale of such related tools and accessories be more than 15 percent of the floor area of the building site. No other non-farm equipment sales shall be permitted, including, but not limited to lumber, hardware, building materials, or the like.

g.

The Town will encourage the structures to be designed and sited so as to emulate a typical traditional complex of buildings on a farmstead.

8.4.

Permitted Signs. Subject to the general sign regulations of Article 7.

8.5.

Lot Size Standards.

Minimum Lot Area: Three (3) acres.

Minimum Lot Width: 200 feet.

Length/width Ratio: For lots hereafter created length shall not exceed 3.5 times width.

Building coverage shall be limited to a maximum of 35% of the lot Area.

Other uses same as for single-family dwelling or as specified in the district regulations.

Lot width is measured at the front building line.

8.6.

Yard and Setback Standards.

Minimum Front yard: Twenty-five (25) feet.

Minimum Side yard: Ten (10) feet.

Minimum Rear yard: Twenty-five (25) feet.

Other principal structures are the same as single-family dwellings or as required in the district regulations.

Accessory structures attached to the main building shall be considered part of the main building and comply with front, side and rear yard requirements.

Detached accessory structures shall not be closer than five (5) feet to any property line except accessory structures greater than one story in height shall meet the minimum yard standards of a principal structure. All accessing structure shall be less height than the main structure.

8.7.

Height Standards. Buildings may be erected up to 30 feet in height except that:

1.

There are no restrictions for buildings used exclusively for agriculture purposes.

2.

A public or semi-public building such as a school, church or library, may be erected to a height of 60 feet from grade provided that required front, side and rear yards shall be increased one foot for each foot in height over 35 feet.

3.

Church spires, belfries, cupolas, monuments, water towers, chimneys, flues, and flagpoles of any height, and antennas up to 50 feet in height, are exempt from height regulations. Parapet walls may be up to four feet above the height of the building on which the walls rest.

8.8.

Off-Street Parking and Loading Standards. Off-street parking and loading design standards and space requirements for particular uses are contained in Article 6.

8.9.

Landscaping, Screening and Open Space. Regulations for landscaping, screening and open space are contained in Article 9.

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

Editor's note— Ord. of 12-14-2015(1), repealed § 9, which pertained to averaging lot area and cluster subdivisions.

10.1.

Purpose of the District. The purpose of this district is to provide a mix of local retail businesses and service uses necessary to serve the residents of the Town and outlying community. The district is also established in other areas to allow for residential and commercial uses where existing settlement patterns provide a unique opportunity for a variety of permitted and special exception uses. Uses in the C-3 District shall be compatible with existing village and neighborhood scale and character and allow local, neighborhood related commercial uses to be developed. Areas designated with this district are presently developed or are proposed for development with the proposed public utility system to support this business development.

10.2.

Permitted Uses. A building or land shall be used only for the following purposes which are limited to less than or equal to 6,000 square feet in gross floor area and/or a maximum of 50% of the total gross floor area of the Rural-Commercial Transition district in which it is located:

1.

Agriculture, horticulture, forestry or fishery.

2.

Art gallery.

3.

Business service establishment.

4.

Community center.

5.

Convenience food store, without gas pumps.

6.

Farm markets.

7.

Farm machinery sales and service.

8.

Commercial nursery.

9.

Personal service establishment.

10.

Post office, drop off and pick up.

11.

Public utility service center, without outdoor storage.

12.

Restaurant, carry out only.

13.

Retail sales establishment.

14.

Studio space—artist, crafts person, writer, etc.

15.

Bank or financial institution without drive-thrus.

16.

Theatre, indoor.

17.

Home service establishment.

18.

Office, administrative, business, and professional.

19.

Office, medical and dental.

20.

Park.

21.

Veterinary service.

22.

Wayside stand.

23.

Facilities for lessons in dance, gymnastics, judo, and sports training.

24.

Animal hospital.

25.

Church, synagogue, and temple.

26.

Farm supplies.

27.

Printing service.

28.

Food store.

29.

Library

30.

Contractor's service establishment, linked to landscape contractors and lawn maintenance services.

31.

Temporary uses subject to the regulations of Article 8, Section 2.

10.3.

Uses Permitted by Special Use Permit. The following uses may be permitted by special use permit approved by the Town Council following report by the Planning Commission in accordance with the procedures, guides and standards of Article 10:

1.

Residential use of property for business only.

2.

Any one permitted use in excess of 6,000 square feet in gross floor area.

3.

Any one permitted use which exceeds 50% of the gross floor area of the Rural-Commercial Transition district in which it is located.

4.

Auction facility, livestock.

5.

Automobile service station.

6.

Funeral home or mortuary.

7.

Restaurant.

8.

Private club or lodge.

9.

Motor vehicle sales and accessory service.

10.

Hotel/Motel.

11.

Motor vehicle service and repair, accessory to an approved use.

12.

Mill, feed and grain.

13.

Recreation establishment, outdoor.

14.

Fire and/or rescue station.

15.

Mass transit facilities and stations.

16.

Adult daycare center.

17.

Child care center.

18.

Recreation establishment, indoor.

19.

Auction house.

20.

School, private, accessory to a church.

21.

Public or governmental buildings as described in Section 1.3.13.

22.

Public utility or public service facilities as described in Section 1.3.14.

23.

Telecommunications service equipment and facilities on publicly owned property.

10.4.

Reserved.

10.5.

Permitted Signs. Subject to the general sign regulations of Article 7.

10.6.

Lot Size Standards. For permitted uses the minimum lot size shall be 10,000 square feet with a minimum lot width of 100 feet and minimum lot depth of 100 feet, unless an existing building is to be converted to such use in which case the existing lot will be considered adequate if required parking can be provided.

1.

Building coverage shall be limited to a maximum of 70 percent of lot area.

2.

Building, parking and driveway coverage shall be limited to a maximum of 80 percent of lot area.

3.

Lot width is measured at the minimum front yard building restriction line.

4.

Minimum street frontage is 50 feet.

10.7.

Yard and Setback Standards. All structures:

Minimum Front Yard: None.

Minimum Side Yard: No requirement, except fifteen (15) feet for a nonresidential use abutting a lot used for residential purposes, or a lesser distance to continue the setback of an existing building.

Minimum Rear Yard: No requirement, except thirty (30) feet for a nonresidential use abutting a lot used for residential purposes, or a lesser distance to continue the setback of an existing building.

See Article 7 for exceptions for signs and certain other structures.

10.8.

Special Provisions for Corner Lots.

1.

Each corner lot shall have two front yards and two side yards. Those yards abutting the street shall be considered the front.

2.

Where a front yard is provided, fences, signs, landscaping, shrubbery, evergreens and trees in excess of three feet in height are prohibited within fifteen (15) feet from the corner of a lot at intersecting streets.

10.9.

Special Regulations for Business and Commercial Buildings.

1.

Reserved.

2.

Site Plan. Where approval of a site plan is required, the plan shall be designed to promote careful use of topography and to promote harmonious relationships with adjacent and nearby residential and business properties, developed or undeveloped, and to this end shall provide effective screening along side and rear property lines by means of fences, walls, hedges, planting screen or natural vegetation in accord with the requirements of this Ordinance.

3.

Refuse. Refuse containers or refuse storage shall be located in a paved area and hidden from general public view, either from within or outside the premises, by means of fences, walls, or landscape planting.

4.

Equipment. Equipment shall be located in an area hidden from within or outside the premises, by means of fences, walls, or landscape planting and no equipment or machinery shall be located in setback areas.

5.

Drainage. Provision shall be made for proper storm water drainage from parking and loading areas. Water shall not be permitted to drain from such areas onto adjacent property except into a natural watercourse or a drainage easement. Provision shall be made for protection against erosion and sedimentation in accord with applicable town ordinances.

6.

Hours of Operation. Businesses adjoining residential properties are limited to hours of operation from 7:00 a.m.—9:00 p.m. Exceptions are only granted per Special Use Permits. See Article 10.

10.10.

Height Standards.

1.

Buildings may be erected up to 35 feet in height except that:

a.

Reserved.

b.

A public or semi-public building such as a school, church, or library, may be erected to a height of 60 feet provided that required front, side and rear yards shall be increased one foot for each foot in height over 35 feet.

c.

Church spires, belfries, cupolas, monuments, water towers, chimneys, flues, and flagpoles of any heights, and television antennas up to 50 feet in height, are exempt from height regulations. Parapet walls may be up to four feet above the height of the building on which the walls rest.

10.11.

Off-Street Parking and Loading Standards. Off-street parking and loading design standards and space requirements for particular uses are contained in Article 6.

10.12.

Landscaping, Screening and Open Spaces. Regulations for landscaping, screening and open space are contained in Article 9.

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

11.1.

Purpose of the District. The purpose of this district is to provide for major public, semi-public, and institutional uses, to facilitate future growth of such uses within the district in accordance with the objectives, policies, and proposals of the Comprehensive Plan, including the encouragement of convenient and safe nearby residential neighborhoods, and to provide evidence on the Zoning map of the nature of land use planned for this district.

11.2.

Permitted Uses. A building or land shall be used only for the following purposes:

1.

Accessory buildings and uses, including dwellings accessory to a permitted use.

2.

Cemeteries.

3.

Child care center, daycare center, or nursery school.

4.

Churches.

5.

Community buildings.

6.

Family care homes, foster homes, or group homes.

7.

Urgent Care Facilities or other medical clinics.

8.

Institutional uses.

9.

Off-street parking for permitted uses.

10.

Open space.

11.

Parks and playgrounds.

12.

Public or governmental buildings.

13.

Rescue squad or volunteer fire company.

14.

Senior citizen center, nursing homes or assisted living centers.

15.

Utilities related to and necessary for service within the Town, including poles, wires, transformers, telephone booths, and the like for electrical power distribution or communication service, and underground pipelines or conduits for local electrical, gas, sewer, or water service, but not those facilities listed as requiring a special use permit.

16.

Yard sale or other special sale or event conducted on the premises of and for the benefit of a permitted use in the district, subject to the regulations of Article 8, Section 2.

11.3.

Uses Permitted by Special Use Permit. The following uses may be permitted by special use permit approved by the Town Council following report by the Planning Commission in accordance with the procedures, guides and standards of Article 10:

1.

Schools.

2.

Museums.

3.

Single Family Dwellings.

4.

Treatment plants, water storage tanks, major transmission lines or pipelines, pumping or regulator stations, communications towers, storage yards and substations, and cable television facilities and accessory buildings.

11.4.

Permitted Signs. Subject to the general sign regulations of Article 7.

11.5.

Lot Size Standards. For permitted uses the minimum lot size shall be 5,000 square feet with a minimum lot width of 50 feet and minimum lot depth of 100 feet, unless an existing building is to be converted to such use in which case the existing lot will be considered adequate if required parking can be provided. Any property owned by the Town of Hamilton shall be exempt from this section.

1.

Building lot coverage shall be limited to a maximum of 50 percent of lot area.

2.

Building, parking and driveway coverage shall be limited to a maximum of 80 percent of lot area.

3.

Lot width is measured at the minimum front yard building restriction line.

11.6.

Yard and Setback Standards. All structures:

Minimum Front Yard: None.

Minimum Side Yard: No requirement, except fifteen (15) feet for a nonresidential use abutting a lot used for residential purposes, or a lesser distance to continue the setback of an existing building.

Minimum Rear Yard: No requirement, except thirty (30) feet for a nonresidential use abutting a lot used for residential purposes, or a lesser distance to continue the setback of an existing building.

11.7.

Special Provisions for Corner Lots.

1.

Each corner lot shall have two front yards and two side yards. Those yards abutting the street shall be considered the front.

2.

Where a front yard is provided, fences, signs, landscaping, shrubbery, evergreens and trees in excess of three feet in height are prohibited within fifteen (15) feet from the corner of a lot at intersecting streets.

11.8.

Height Standards.

1.

Buildings may be erected up to 35 feet in height except that:

a.

A public or semi-public building such as a school, church, or library, may be erected to a height of 45 feet provided that required front, side and rear yards shall be increased one foot for each foot in height over 35 feet.

b.

Church spires, belfries, cupolas, monuments, water towers, chimneys, flues, and flagpoles of any heights, and television antennas up to 50 feet in height, are exempt from height regulations. Parapet walls may be up to four feet above the height of the building on which the walls rest.

11.9.

Off-Street Parking and Loading Standards. Off-street parking and loading design standards and space requirements for particular uses are contained in Article 6.

11.10.

Landscaping, Screening and Open Spaces. Regulations for landscaping, screening and open space are contained in Article 9.

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