Hamburg City Zoning Code
ARTICLE VII
RO Residential/Office Zone Regulations
§ 215-31 Principal permitted uses.
This zone is designed for single-family and multifamily residential uses, limited retail uses and professional offices in accordance with the requirements hereinafter set forth.
A.
Single-family detached dwellings.
B.
Two-family to four-family structures.
C.
Professional offices.
E.
In single-family detached dwellings:
(1)
The office of professional persons. No uses 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 uses visible from the exterior of the building so used.
(2)
House occupation provided that no more than half 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 half 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. 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.
§ 215-32 Permitted 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:
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 no more than 30 days within any twelve-month period.
E.
Home office. An activity carried on for gain by a resident in a dwelling unit, shall be a permitted accessory used 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 permanent 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;
(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 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 Parcel 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.
§ 215-33 Conditional uses.
The following uses shall be permitted as conditional uses subject to the conditions and procedures set forth in Article XXV:
A.
All municipal structures and uses.
B.
Houses of worship.
C.
Public utility uses.
D.
Bed-and-breakfast accommodations and similar facilities but Airbnb rentals are expressly prohibited.
E.
The sale of antiques, arts and crafts and similar retail uses, provided that no displays of same shall be set up beyond the perimeter of the dwelling.
§ 215-34 Dimensional standards.
The following requirements shall be met in the RO Residential/Office Zone:
A.
Minimum lot area. 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.
B.
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.
C.
Front yard. There shall be a front yard of not less than 20 feet.
D.
Side yard. There shall be two side yards, totaling 25 feet, provided that no side yard shall be less than 10 feet.
E.
Rear yard. There shall be a rear yard of not less than 30 feet.
F.
Height. The height of the principal structure shall not exceed 35 feet or 2 1/2 stories, whichever is lesser.
G.
Minimum floor area:
(1)
Minimum residential 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, per dwelling unit.
(2)
Side yard. An accessory structure shall not be located closer than 10 feet to the side lot line.
H.
Total impervious coverage. The maximum land area to be covered by all impervious surfaces shall not exceed 70% of the total lot area.
I.
Building coverage. He maximum land area to be covered by the principal building shall not exceed 30% of the total lot area.
J.
Accessory structure. All accessory structures shall meet the following requirements:
(1)
Height. The height of an accessory structure shall not exceed 15 feet.
(2)
Side yard. An accessory structure shall not be located closer than 10 feet to the side lot line.
(3)
Rear yard. An accessory structure shall not be located closer than 10 feet to the rear yard line.
(4)
All accessory structures are prohibited in front yard areas.