Hamburg City Zoning Code
ARTICLE VI
R-1 and R-2 Residential Zone Regulations
§ 215-26 Principal permitted uses.
These two zones are designated primarily for single-family detached residences in accordance with the requirements herein set forth.
A.
Single-family detached dwellings.
B.
Residential cluster developments subject to the applicable requirements of Article IX related to single-family detached dwellings only.
C.
Home professional office and home occupations in the single-family detached dwellings:
(1)
The office of professional persons are permitted, provided such professional person resides on the premises. Not more than two persons, other than the resident of the premises, may be employed by such professional person and not more than 1/2 of the floor area of one story of the dwelling unit shall be devoted to such use. No use permitted by this section shall result in any permitted professional use operating in this zone in other than a building strictly residential in appearance. Except for permitted signs, there shall be no physical evidence of said use visible from the exterior of the building so used. The Zoning Officer shall determine if a site plan approval is required based on parking demand and the impact on the neighborhood.
(2)
Home occupations and home businesses are permitted, provided that not more than 1/2 of the floor area of one story or the basement shall be devoted to such use or, if conducted in an accessory building, the area of such use shall be limited to not more than 1/2 of the floor area of the principal structure. No merchandise or materials, either assembled or unassembled, shall be received into the residence or accessory structure for the purpose of merely storing and/or reselling. No machinery or equipment shall be used except machinery or equipment which is usually found in the home and which will not cause electrical or other interference with radio and/or television reception other communication devices. No use permitted by this section shall result in any use operating in this zone in other than a building strictly residential in appearance. Except for permitted signs, there shall be no physical evidence of said use visible from the exterior of the building so used. No employees, other than those residing in the home shall be permitted to engage in any business activity. No visitors or clients shall be permitted on the premises. All such uses shall require a zoning permit but not a site plan approval.
§ 215-27 Other permitted uses.
Accessory uses customarily incident to the above uses shall be permitted, provided that they do not include any activity commonly conducted for profit. Accessory uses specifically permitted are:
A.
Commercial and oversized vehicles, such as but not limited to motor homes and boats, in accordance with the provisions of Article XXII.
C.
Sheds, swimming pools, fences and similar features and physical improvements.
D.
Temporary storage containers, provided they are located on the property for not more than 90 days within a twelve-month period. A zoning permit is required for all such storage containers and no container shall be located within a street ROW.
E.
Home office. An activity carried on for gain by a resident in a dwelling unit, and which is not subject to the provisions of § 215-26 herein, shall be a permitted accessory use in this zone, provided that the use is limited solely to office use and adheres to the following restrictions:
(1)
The use is operated by or employs in the residence only a resident or residents who are permitted full-time residents of the dwelling unit, and no other persons;
(2)
No nonresident employees, customers, or business invitees or guests shall visit the dwelling unit for business purposes. No employee other than those residing at the home shall be permitted to engage in any business activity. No visitor or client shall be permitted on the premises. Such uses shall require a zoning permit but not a site plan approval;
(3)
The use shall be located in only one room of the dwelling unit, which shall not be served by an entrance separate from the household;
(4)
Interior storage of materials shall only consist of supplies;
(5)
There shall be no change to the exterior of buildings or structures because of the use, and no outside appearance of a business use, including, but not limited to, parking, storage, signs or lights;
(6)
The use operates no equipment or process that creates noise, vibration, glare, fumes, odors, or electrical or electronic interference, including interference with telephone, radio or television reception, detectable by neighboring residents;
(7)
The use does not require any increased or enhanced electrical or water supply;
(8)
The quantity and type of solid waste disposal is the same as other residential uses in the zone district;
(9)
The capacity and quality of effluent is typical of normal residential use, and creates no potential or actual detriment to the sanitary sewer system or its components;
(10)
Delivery trucks shall be limited to U.S. Postal Service, United Paracel Service, Federal Express, and other delivery services providing regular service to residential uses in the zone district;
(11)
All vehicular traffic to and from the home office use shall be limited in volume, type and frequency to what is normally associated with other residential uses in the zone district.
§ 215-28 Conditional uses.
The following uses shall be permitted as conditional uses subject to the conditions and procedures set forth in Article XXV:
§ 215-29 Accessory uses.
Accessory uses customarily incident to the above uses shall be permitted, provided that they do not include any activity commonly conducted for profit. Accessory uses specifically permitted are:
§ 215-29.1 Dimensional standards.
A.
The following requirements shall be met in the R-1 Residential Zone.
(1)
Minimum lot area. The minimum lot area shall be at least 20,000 square feet and must be measured within 100 feet of the front right-of-way line.
(2)
Minimum lot width. The minimum lot width at the street line shall be 80 feet measured along the street line and the minimum lot width at the building setback line shall be 100 feet. Where a lot is on a curve at the end of a permanent cul-de-sac, the minimum lot width shall be 45 feet measured along the subtended chord of the arc at the street line and the minimum lot width at the building setback line shall be 65 feet. Lots fronting on such a curve shall be exempt from the depth provisions of Subsection A above.
(3)
Front yard. There shall be a front yard of not less than 40 feet.
(4)
Side yards. There shall be two side yards, totaling 25 feet and provided that no side yard shall be less than 15 feet.
(5)
Rear yard. There shall be a rear yard of not less than 50 feet.
(6)
Height. The height of the principal structure shall not exceed 35 feet or 2 1/2 stories, whichever is less.
(7)
Minimum floor area. Every principal structure erected shall have a minimum first-floor area of 650 square feet plus an additional minimum of 150 square feet for each bedroom.
(8)
Total impervious coverage. The maximum land area to be covered by all impervious surfaces shall not exceed 50% of the total lot area.
(9)
Building coverage. The maximum land area to be covered by the principal building shall not exceed 20% of the total lot area.
(10)
Accessory structures. All accessory structures shall meet the following requirements:
(a)
Height. The height of an accessory structure shall not exceed 15 feet.
(b)
Side yard. An accessory structure shall not be located closer than five feet to the side lot line.
(c)
Rear yard. An accessory structure shall not be located closer than 10 feet to the rear yard line.
(d)
Front yard. All accessory structures are prohibited in the space between the front of the principal structure and the street.
B.
The following requirements shall be met in the R-2 Residential Zone:
(1)
Minimum lot area. The minimum lot area shall be at least 10,000 square feet and must be measured within 100 feet of the front right-of-way line.
(2)
Minimum lot width. The minimum lot width at the street line shall be 50 feet measured along the street line and the minimum lot width at the building setback line shall be 75 feet. Where a lot is on a curve at the end of a permanent cul-de-sac, the minimum lot width shall be 45 feet measured along the subtended chord of the arc at the street line and the minimum lot width at the building setback line shall be 65 feet. Lots fronting on such a curve shall be exempt from the depth provisions of Subsection A above.
(3)
Front yard. There shall be a front yard of not less than 30 feet.
(4)
Side yards. There shall be two side yards, totaling 25 feet and provided that no side yard shall be less than 10 feet.
(5)
Rear yard. There shall be a rear yard of not less than 40 feet.
(6)
Height. The height of the principal structure shall not exceed 35 feet or 2 1/2 stories, whichever is less.
(7)
Minimum floor area. Every principal structure erected shall have a minimum first-floor area of 650 square feet plus an additional minimum of 150 square feet for each bedroom.
(8)
Total impervious coverage. The maximum land area to be covered by all impervious surfaces shall not exceed 50% of the total lot area.
(9)
Building coverage. The maximum land area to be covered by the principal building shall not exceed 20% of the total lot area.
(10)
Accessory structures. All accessory structures shall meet the following requirements:
(a)
Height. The height of an accessory structure shall not exceed 15 feet.
(b)
Side yard. An accessory structure shall not be located closer than five feet to the side lot line.
(c)
Rear yard. An accessory structure shall not be located closer than 10 feet to the rear yard line.
(d)
Front yard. All accessory structures are prohibited in the space between the front of the principal structure and the street.