Consistency with the goals and recommendations of the Village's Comprehensive Plan;

Establish a natural transition between residential areas to higher density development and commercial areas;

Provide for greater economic opportunity in areas where low-intensity, low-impact commercial and office uses could be accommodated by allowing conversion of residential structures for nonresidential uses and infill development while maintaining the existing residential character;

Provide a diverse range of housing options including single- or two-family dwellings, townhouses, and multifamily dwellings to serve residents of all ages, incomes, and life stages;

Allow for commercial uses and professional offices that provide convenient services for area residents but by nature and/or scale of activity do not detract from the existing residential character; and

Maintain and enhance the traditional character and walkability of the Village by including pedestrian amenities and adhering to the scale, bulk, form, and character of existing traditional Village development.

Storage of materials outside of buildings or structures.

Parking of trucks or trailers for more than 72 hours.

Unscreened location of trash receptacles outside of buildings or structures.

Fire, explosive, chemical, or radiation hazard.

Dissemination of atmospheric pollutants, odors, noise, vibration, illumination or glare, outside of the boundaries of the premises on which the use is located.

Storage of materials outside of buildings or structures.

Parking of trucks or trailers for more than 72 hours.

Unscreened location of trash receptacles outside of buildings or structures.

Fire, explosive, chemical, or radiation hazard.

Dissemination of atmospheric pollutants, odors, noise, vibration, illumination or glare, outside of the boundaries of the premises on which the use is located.

Foster an innovative, culturally vibrant character within the district;

Allow for adaptive reuse of existing buildings and sites to meet the evolving needs of commercial, artisanal, collaborative, and small-scale enterprises;

Promote walkability and a mixed-use environment that allows residents to live, work, and play in the same district;

Support the diversity of housing options within the Village, including medium- to high-density residential developments, that serve current and future residents of all ages, incomes, and life stages;

Contribute to the Village's economic base by rehabilitating vacant or underutilized spaces within the district; and

Allow for the continued operations of light industrial uses provided that such uses do not generate a high level of vehicular traffic, activity, noise, odors, or light.

Storage of materials outside of buildings or structures.

Parking of trucks or trailers for more than 72 hours.

Unscreened location of trash receptacles outside of buildings or structures.

Fire, explosive, chemical, or radiation hazard.

Dissemination of atmospheric pollutants, odors, noise, vibration, illumination or glare, outside of the boundaries of the premises on which the use is located.

Create new housing units while respecting the design and scale of the Village's single-family residential development pattern;

Increase the housing stock of existing neighborhoods in a manner that is less intense than multifamily dwelling alternatives;

Provide a broader range of affordable housing options that respond to changing family and household needs; and

Offer a means for residents, particularly seniors, single parents, and families with grown children, to remain in their homes and neighborhoods while also obtaining extra income, security, companionship, and/or services.

An accessory dwelling unit (ADU) may be allowable as an accessory use to a single-family dwelling. There shall be no more than one ADU per primary use.

ADUs may be located either in the principal dwelling structure (attached), or in an accessory structure (detached). An accessory dwelling unit may include no more than two bedrooms.

An ADU shall be a complete, separate housekeeping unit containing both a legal kitchen and bath and must meet NYS Uniform Building and Fire Prevention Code requirements.

Any new separate outdoor entrance serving an accessory dwelling unit shall be located on the side or in the rear of the building for an accessory dwelling unit that is in or attached to the primary residential dwelling.

Detached accessory dwelling units shall comply with all accessory structure requirements of this chapter, including, but not limited to, size, setback, lot coverage, and height restrictions.

Under no circumstances may a detached accessory dwelling unit be separated from or subdivided from the parcel containing the primary residential unit.

An accessory dwelling unit shall be designed to maintain the architectural design, style, appearance, and character of the primary residential unit. Any addition must be consistent with the existing facade, roof pitch, siding and windows of the primary residential unit.

One of the dwelling units on the lot shall be occupied by an owner of the property as a permanent residence for at least six months out of the calendar year.

The property owner(s) shall sign an affidavit before a notary public affirming that the owner occupies either the principal residential unit or the accessory dwelling unit and submit it to the CEO. Upon sale of the property, a new owner shall be required to sign a new affidavit and submit it to the CEO. Such affidavits shall be maintained in the Village Office.

The individual sale of any accessory dwelling unit apart from the principal use is strictly prohibited.

Not be established or constructed until the primary use or structure is constructed.

Be clearly incidental and subordinate to the principal structure or use by height, area, extent, and purpose.

Not be located in any required front yard area.

Be in conformance with the height and setback restrictions of the applicable zoning district and shall not cause the rate of overall lot coverage to exceed the maximum rate permitted.

Be finished with materials and/or siding that is consistent and compatible with the existing character of the principal structure and surrounding residential neighborhood.

Maintain a separation of at least 10 feet from any dwelling unit and at least five feet from any other accessory structure, including any structures on an abutting lot.

Not obstruct, block, or force the enclosure of any structural opening (windows, doors, etc.), open porch, deck, or terrace, or required vehicular or pedestrian accessway.

Decks, patios, or terraces.

Carports and garages. The floor area of a detached garage shall not exceed 600 square feet. The floor area of an attached garage shall not exceed 50% of the floor area of the primary structure. The maximum height of any garage shall not exceed 16 feet. The maximum height of the side wall of any garage may not exceed 10 feet. Door for the entrance/exit of vehicles from any garage shall have a minimum height of seven feet and a minimum width of eight feet. Only one attached or detached garage shall be allowed on a building lot.

Enclosed storage structures, such as sheds.

Fences and walls subject to the provisions of § 250-24.10 of this chapter.

Playgrounds or playhouses.

In-ground and above ground pools, provided such pool is at least 10 feet from any property line or dwelling unit and at least five feet from any accessory structure as measured from the water's edge with any concrete apron no closer than six feet to any property line.

Noncommercial nurseries, gardens, or greenhouses.

Fire escapes or other such structures intended to maintain the health, safety, and welfare of residents within the dwelling and the general public.

Ramps, lifts, or other such structures intended to provide an increased level of accessibility to the structure or use.

Personal or home electric vehicle charging stations.

Solar energy systems, provided they are located on the roof of the structure and do not cause the structure to exceed maximum building height requirements. [See § 250-25 of this Code.]

Radio and television antennas.

Other uses and structures which the CEO deems appropriate by virtue of similarity in nature, activity, and/or extent to those already listed.

Decks, patios, and terraces when associated with an approved outdoor seating or assembly area.

Subject to the provisions of § 250-23.4B(2), detached garages, when located behind the front building line of the primary structure.

Enclosed storage structures, such as sheds.

Fences or walls subject to the provisions of § 250-24.10 of this chapter.

Fire escapes or other such structures intended to maintain the health, safety, and welfare of residents within the dwelling and the general public.

Ramps, lifts, or other such structures intended to provide an increased level of accessibility to the structure or use.

Solar energy systems, provided they are located on the roof of the structure and do not cause the structure to exceed maximum building height requirements. [See § 250-25 of this Code.]

(Reserved)

Walkup service windows facing any public right-of-way when accessory to a permitted retail sales and service use. Pedestrian safety, access, and connectivity shall be addressed through site plan review.

Off-street parking and loading areas, including electric vehicle charging stations, provided all applicable parking and loading requirements of this chapter are met.

Other uses and structures which the Planning Commission deems appropriate by virtue of similarity in nature, activity, and/or extent to those already listed.

There must be a minimum distance of five feet between structures, unless otherwise required by occupancy class in NYS Uniform Fire Prevention and Building Code.

It is recognized that buildings and establishments operated as adult uses have serious objectionable operational characteristics. In order to promote the health, safety and general welfare of the residents of the Village of Hamburg, this section is intended to restrict adult uses to certain nonresidential areas of the Village of Hamburg and otherwise regulate their operation and the concentration of such uses.

It is not the intent of the Village of Hamburg by enacting this section to deny to any person rights to speech protected by the United States and State Constitutions, nor is it the intent of the Village of Hamburg to impose any additional limitations or restrictions on the contents of any communicative materials, including sexually oriented films, videotapes, books and/or other materials. Further, by enacting this section, the Village of Hamburg does not intend to deny or restrict the rights of any adult to obtain and/or view any sexually oriented materials protected by the United States and State Constitutions, nor does it intend to restrict or deny any constitutionally protected rights that distributors or exhibitors of such sexually oriented materials may have.

Adult bookstores, adult cabarets, adult entertainment cabarets, adult motion-picture theaters, adult motels, massage establishments, body-rub establishments and peep shows or any other adult use governed by these provisions shall be allowable only for properties located in the Mixed Use District.

No more than one of the uses governed by these provisions shall be permitted on any single lot in the Village of Hamburg.

None of the uses governed by these provisions shall be allowed:

All adult uses, adult bookstores, adult cabarets, adult entertainment cabarets, adult motion-picture theaters, massage establishments, body- rub establishments and peep shows, shall be conducted in an enclosed building. Regardless of location or distance, no one who is passing by an enclosed building having a use governed by these provisions shall be able to see any specified anatomical area or any specified sexual activity by virtue of any act or display which depicts or shows said area or activity. This requirement shall apply to any display, decoration, sign, window or other opening.

A person who knowingly owns, manages, operates, conducts or maintains any of the uses governed by these provisions in any way which is contrary to these regulations shall be subject to prosecution.

No person, firm, corporation or other entity shall lease, rent, maintain, operate, use or allow to be operated or used any business or establishment, any part of which contains an adult use, without first complying with the provisions of this chapter.

In addition to any and all other necessary licenses and permits, no form of adult use shall be allowed to operate or continue to operate until a certificate of registration is filed with the Village Clerk containing:

If there occurs any change in the information required for the information of registration or the certification of registration, the Village Clerk shall be notified of such change and a new or amended certificate shall be filed within 30 days of such change.

No certificate of registration issued under this chapter shall be transferable to any person other than the registrant, nor shall a certificate of registration be transferable for use at any premises, building or location other than stated in the certificate of registration.

The owner, manager or agent of any adult use shall cause a copy of the certificate of registration issued to be prominently displayed on the premises, building or location for which it is issued.

Any knowingly false statement or any statement which the registrant or applicant should reasonably have known to be false, which is provided in the certificate of registration or any document or information supplied therewith, shall be grounds for denial, rejection, suspension or revocation of the certificate of registration.

Upon the completion of the investigation of an application by the Superintendent of Public Works and the Chief of Police, the Superintendent of Public Works and the Chief of Police shall submit a recommendation for approval or disapproval of the application to the Village Clerk. If approved, the Village Clerk shall issue the registration upon the payment of the appropriate registration fee.

If the Superintendent of Public Works or the Chief of Police recommends disapproval, that person shall indicate the reason for the disapproval on the application or in a separate writing. The Village Clerk shall inform the applicant of approval or disapproval. A notice of disapproval shall state the reason therefor. Notification of disapproval shall be by certified mail and shall be sent to the address on the registration application, which shall be considered to be the correct address.

All registrations issued shall be classified as annual registrations which shall be paid for on or before June 1 and shall expire on May 31 of the following year. A registrant beginning business after June 1 and before December 1 may obtain a new registration upon application therefor and the payment of the appropriate annual registration fee, and such registration shall expire on the following May 31. A registrant beginning business after November 30 and before May 30 may obtain a new registration upon application therefor and the payment of 1/2 of the appropriate annual registration fee herein required, and such registration shall expire on the following May 31.

A registrant under this section shall be entitled to a renewal of his or her annual registration from year to year, as a matter of course, on or before June 1, by presenting the registration for the previous year or satisfactory evidence of its loss or destruction to the Village Clerk and by paying the appropriate registration fee.

When the registrant has had their registration previously suspended or revoked or have been a partner in a partnership or an officer, director or principal stockholder of a corporation whose registration has been previously suspended or revoked.

When any false statement is made on the application for registration.

When the applicant, registrant, owner, or other partner associated with the adult use has been convicted of a criminal act related to the operation or conduct of the adult use within the last five years immediately preceding the date of the application.

Lot sizes shall be at least 20,000 square feet.

Lot frontage shall be at least 100 feet.

There shall be no more than two access driveways provided from any street. Maximum width of each access driveway shall be 30 feet.

A curbed landscaped area shall be maintained at least three feet in depth along all street frontage space not used as driveway. The required landscaping and screening treatments of such area shall be determined through site plan review.

The site area traveled by vehicles shall be hard surfaced with pervious or impervious paving material that does not release dust or debris. The use of permeable paving material is encouraged, where determined there is no significant negative environmental impact.

Lanes or parking areas for vehicles waiting for service shall be provided on site and shall not occur on a public street or highway.

Outdoor storage shall be prohibited at all times. Minor repairs and automobile maintenance services may be provided within an enclosed structure.

Premises shall not be used for the sale, rent or display of automobiles, trailers, mobile homes, boats or other vehicles.

Lot sizes shall be at least 20,000 square feet.

Lot frontage shall be at least 100 feet.

There shall be no more than two access driveways provided from any street. Maximum width of each access driveway shall be 30 feet.

Pumps, other service devices, and fuel and oil storage shall be located at least 30 feet from all lot lines.

A curbed landscaped area shall be maintained at least three feet in depth along all street frontage space not used as driveway. The required landscaping and screening treatments of such area shall be determined through site plan review.

Entrance or exit driveways shall be located at least five feet from any side or rear property line. Such driveways shall be so laid out as to avoid the necessity of any vehicle backing across any right-of-way.

Premises shall not be used for the sale, rent or display of automobiles, trailers, mobile homes, boats or other vehicles.

All dwelling units and structures resulting from conversion shall comply with the standards set forth in the NYS Uniform Code. Said standards shall take precedence to this chapter should there be a conflict.

No dwelling unit conversion shall be permitted in a structure with less than 1,500 square feet of gross floor area. No dwelling unit conversion shall be permitted which results in more than five bedrooms.

Any alterations made to the exterior of the building due to the unit conversion shall be completed in such a way to preserve the single- or two-family residential character.

No dwelling unit conversion shall be permitted unless the dwelling, following such conversion, can comply with all off-street parking requirements of this chapter. Landscaping and screening of off-street parking areas shall be provided as determined necessary in site plan review.

Conversions of dwellings that decrease the number of units or combine units shall be required to ensure the discontinued dwelling unit is permanently and fully integrated into a legal dwelling unit with unimpeded access throughout the legal unit.

When adjacent to an existing residential neighborhood, building designs are required to take the form of single- or two-family dwellings in a manner that is visually compatible with the architectural detailing of the Village's traditional residential character.

Buildings shall not have uninterrupted or undefined continuous wall or roof planes in excess of 50 feet. Varied roof heights, projecting bays, gables, recesses, and porches shall be used to visually divide larger building facades to produce a scale that is compatible with and complimentary to adjacent residential development.

Buildings shall maintain a distance of at least 20 feet from other structures on the lot.

Detached garages shall be located in the side or rear yard only and shall maintain a minimum setback of 10 feet from the front building line.

Buildings shall be laid out so that the primary entrances face the street. Each entrance shall be connected by sidewalk to the Village's public sidewalk system. Garage entrance or exit doors are prohibited on the front facade of buildings.

Accessory structures, such as clubhouses, pools, pool buildings, storage buildings, and trash enclosures, shall be located in a manner that does not disturb or encroach upon the public realm of the site (pedestrian walkways, roadways, etc.).

Off-street parking areas shall be located in the side or rear yard only and shall maintain a minimum setback of 20 feet from all property lines and 10 feet from the front building line.

Developments of 10 or more units shall provide recreational open space at a standard of 500 square feet per dwelling unit. Each recreation area shall be developed with both passive and active recreation facilities, including the installation of appropriate playground or leisure equipment. Where compliance with this requirement is infeasible due to lot size or other physical restriction, the reviewing board may waive or modify the minimum open space area to be provided.

Developments shall be adequately landscaped and screened as determined in site plan review.

No area shall be located within a residential district or within any public right-of-way.

No area shall block windows, entrances, exits, pedestrian or vehicular access, sidewalks, fire lanes, or other travel lanes, as determined by the Code Enforcement Officer.

No area shall exceed 15% of the gross floor area of the primary use.

Such areas may be allowable in the public right-of-way provided site plan approval is obtained to ensure the health, safety, and general welfare of the public.

All areas shall be located adjacent to the wall of the primary structure and shall not extend more than 20 feet from said wall or beyond any public right-of-way or property line, unless otherwise approved through site plan review.

No area shall be used for storage purposes.

All items for sales or display shall be removed, enclosed, screened, and/or secured during nonbusiness hours.

No area shall be permitted in any front yard or within any public right-of-way.

All areas shall be fully screened from public view and from adjacent residential uses or districts.

No area shall be located within 50 linear feet of the property line of any adjacent residential use or district.

Registration shall occur prior to the initial delivery of temporary storage unit.

The registration form shall contain:

Only the property owner may register a unit. A renter, lessee, or other legal resident may register a unit if they have the written permission of the property owner.

Units shall only be placed in the driveway or, if access exists, at the side or rear of the lot. The unit may not be placed in unpaved front yard space.

Units shall be set back at least five feet from any lot line and 10 feet from any structure, or as approved by the CEO.

Approval from the Code Enforcement Officer shall be required if the location of a unit meets either of these conditions:

Placement may not limit visibility of vehicles, pedestrians, or bicyclists.

No person, firm, corporation or other entity shall own, lease, rent, maintain, operate, use or allow to be used or operated any premises, building or structure, or any part thereof, as a short-term rental without first complying with the provisions of this section.

In addition to all other licenses or permits required by this Code, the County of Erie and the State of New York, no short-term rental shall be allowed to operate or continue to operate until a certificate of registration is filed and approved by the Village of Hamburg. The application for the certificate shall include:

If there occurs any change in the information required for this registration, the Village Clerk shall be notified of such change in writing, and a new or amended registration shall be filed within 30 days of such change so that the Village Clerk can keep updated records through the term of the registration.

No certificate of registration issued under this section shall be transferable to any other person or entity other than those listed on the application, nor shall a certificate of registration be transferable for use at any other site, building or location other than stated in the certificate of registration.

The owner, manager or agent of any short-term rental shall cause a copy of the certificate of registration issued to be prominently displayed on the premises, building or location for which it is issued.

Any knowingly false statement or any statement which the registrant or applicant should reasonably have known to be false, which is provided in the application for the certificate of registration or any document or information supplied therewith, shall be grounds for denial, rejection, suspension or revocation of the certificate of registration.

Upon the submittal of a complete application for certificate of registration as determined by the Village Clerk, the Superintendent of Public Works and the Code Enforcement Officer shall inspect the premises for compliance with all building codes, fire codes and all other applicable laws, rules, codes and regulations. After a completed inspection, the Superintendent of Public Works and the Code Enforcement Officer shall submit to the Village Clerk a recommendation for approval or disapproval of the application. If approved, the Village Clerk shall, after review by the Mayor, issue the certificate of registration upon payment of the appropriate registration fee.

If the Superintendent of Public Works or the Code Enforcement Officer recommends disapproval, that person shall indicate the reason for the disapproval on the application or in a separate writing. The Village Clerk shall inform the applicant of approval or disapproval. A notice of disapproval, including the reason for the disapproval, shall be sent by certified mail and via email to the addresses listed on the application, which shall be considered the correct addresses.

All registrations issued shall be considered annual registrations which shall be paid for on or before June 1 and shall expire May 31 of the following year. A registrant beginning business after June 1 and before December 1 may obtain a new registration upon application therefor and the appropriate annual registration fee, and such registration shall expire on May 31. A registrant beginning business after November 30 and before May 30 may obtain a new registration upon application and the payment of 1/2 of the appropriate annual registration fee, and such registration shall expire on May 31.

A registrant under this section may apply for a renewal of their annual registration from year to year, on or before June 1, by presenting the registration from the previous year or satisfactory evidence of its loss or destruction to the Village Clerk and by paying the appropriate registration fee. This renewal is subject to the review by the Village Clerk of any complaints received by the Village regarding the operation of the short-term rental, as well as an inspection of the building and the premises by the Code Enforcement Officer to ensure compliance with the filed certificate of registration. If either the Village Clerk or the Code Enforcement Officer recommends a denial of the renewal, they shall so state in writing including the reason for the denial. Either the Village Clerk or the Code Enforcement Officer may give the applicant 10 days to correct the reason for the denial. If the correction is made to the satisfaction of both the Village Clerk and the Code Enforcement Officer within the 10 days, the renewal shall issue. If the applicant fails to correct the reason for the denial in the allotted 10 days, the denial shall take effect. Should the applicant wish to appeal the denial, they may do so by filing a notice of appeal with the Village Clerk within 10 days of the final denial. All appeals will be heard and determined by the Village Board.

All short-term rentals, and those owning, occupying, managing and/or maintaining a short-term rental shall comply with all of the provisions of this section, the Village Code, all county and New York State laws and regulations, and all orders, permits, notices, rules, regulations or determinations issued in connection therewith.

The Code Enforcement Officer shall be granted access, upon reasonable request, at any time to ensure compliance with all applicable codes, rules, permits, regulations and safety provisions, as well as the certificate of registration and provisions of this section. The Code Enforcement Officer may also request access to investigate any complaints received by the Village regarding the operation of the short-term rental.

Should the Code Enforcement Officer find that the short-term rental or its owner, manager, or agent is in violation of any applicable code, rule, regulation, permit, safety provision, law, provision of this chapter or the terms of the certificate of registration, the Code Enforcement Officer may allow 10 days for the violation to be cured. If the violation is not cured within the 10 days, or no cure period was given, then the Code Enforcement Officer shall recommend to the Village Clerk that the certificate of registration be revoked. The Code Enforcement Officer shall provide his recommendation in writing, including the reason for revocation. Upon review, the Village Clerk shall notify the short-term rental, its owner, manager or agent in writing of the revocation, including the reason for the revocation. Said notice shall be sent certified mail and via email to the addresses listed on the certificate of registration. These addresses shall be considered correct. Should the short-term rental, its owner, manager and/or agent wish to appeal the revocation, it may do so by filing a notice of appeal with the Village Clerk within 10 days of receipt of the notice of revocation. All appeals shall be heard and determined by the Village Board.

The Chief of Police may recommend the revocation or the non-renewal of a certificate of registration if he or she determines that a short-term rental has become a nuisance to the neighborhood. A short-term rental may be considered a nuisance to the neighborhood if it is the source of frequent calls for police service, an egregious criminal offense, and/or suspected criminal activity. The Chief of Police shall provide his recommendation in writing, including the reason(s) for revocation or non-renewal. Upon review, the Village Clerk shall notify the short-term rental, its owner, manager or agent of the revocation or non-renewal, including the reason(s) for the revocation or non-renewal. Said notice shall be sent certified mail and via email to the addresses listed on the certificate of registration. These addresses shall be considered correct. Should the short-term rental, its owner, manager and/or agent wish to appeal the revocation or non-renewal, it may do so by filing a notice of appeal with the Village Clerk within 10 days of receipt of the notice of revocation or non-renewal. All appeals shall be heard and determined by the Village Board.

No short-term rental shall operate without a certificate of registration. Whenever it is found that a short-term rental, its owner, manager and/or agent, is operating without a certificate of registration, the Code Enforcement Officer shall serve a written notice of violation upon the short-term rental, or its owner, manager or agent with an order to cease operation, and if applicable, to apply for a certificate of registration. Service of said notice shall comply with § 250-18.2B(4) to (6) of this chapter.

It shall be unlawful for any person or entity to fail to comply with a written notice of violation order of the Code Enforcement Officer served in compliance with this chapter. Each day the person or entity is in violation of the order shall be considered a separate violation and subject to additional fines as set forth in this chapter.

A civil action or proceeding in the name of the Village of Hamburg may be commenced in any court of competent jurisdiction to compel compliance with or restrain by injunction, the violation of any provision of this chapter, or any rule or regulation adopted pursuant thereto. Such remedy shall be in addition to penalties otherwise prescribed by law and may be commenced with the consent of the Village Board.

No remedy or penalty specified in this section shall be the exclusive remedy or penalty available to address any violation described in this chapter and each remedy and penalty shall be in addition to, and not in substitution for or a limitation of, the other remedies or penalties specified in this chapter, or in any other applicable law. Any remedy or penalty specified in this chapter may be pursued at any time, whether prior to, simultaneously with, or after the pursuit of any other remedy or penalty specified in this chapter. The Village may initiate enforcement proceedings under this chapter at any time following the receipt of a complaint or if the Code Enforcement Officer determines that a violation has occurred.

All short-term rentals must have a valid certificate of registration issued by the Village of Hamburg. The certificate of registration must be displayed prominently in the short-term rental.

All short-term rentals are subject to yearly inspection by the Village of Hamburg.

Short-term rental owners shall establish written rules and regulations for the use of the short-term rental. These rules and regulations must be prominently displayed in the short-term rental and must be submitted to the Village with the certificate of registration application. These rules and regulations must be enforced by the short-term rental owner, its manager and/or agent. The document must also list the penalties for violations, including but not limited to removal from the premises. At a minimum, these rules and regulations shall address the prohibition of the following behaviors: fighting, violence of any kind, tumultuous or threatening behavior, unreasonable noise, abusive or obscene language or gestures in public.

Quiet hours shall be between 10:00 p.m. and 7:30 a.m.

Only one short-term rental use allowed per dwelling unit.

Property address shall be clearly visible from the street.

Prohibited: exterior signs and interior signs facing out, advertising the property as a short-term rental.

Prohibited: parties, weddings, catered events, large gatherings, tailgating or similar events.

Name and contact information for owner, manager or agent who is available and able to respond 24 hours a day, seven days a week for maintenance, repairs and/or complaints. This individual must be able to respond within 30 minutes of receipt of notification. This information must be submitted to the Village with application for certificate of registration and displayed inside the short-term rental. The owner, manager, or agent of the short-term rental must provide this information to the owner, operator or agent of all residential uses located within 100 feet of the boundaries of the short-term rental. The owner, manager, and/or agent of the short-term rental must keep this information up to date.

Occupancy shall be restricted to two persons per bedroom, with a maximum occupancy of eight people per short-term rental dwelling unit.

Parking shall be on site and shall be limited to 1.5 cars per bedroom, rounded up to the nearest whole number. On-street parking spaces shall not be included in this calculation. The parking of vehicles and the parking area must comply with all applicable sections of this chapter and Village Code.

The assessment records of the Village of Hamburg/Town of Hamburg may be used to determine number of bedrooms.

Three feet, where located in a front yard area;

Six feet, where located in a side or rear yard area.

In no case shall barbed wire, spikes, chipped glass, electricity or similar materials or devices be used in conjunction with or as part of any fence.

Exceptions to this provision may be permitted upon issuance of a conditional use permit issued by the Village Board where it can be determined that:

Where such fences are permitted, the fact that they are either barbed or electrified shall be clearly indicated on the fences at intervals of not more than 50 feet. Such fence shall not exceed eight feet in height and must not be detrimental to the health, safety or welfare of any person coming into contact with it.

Roof-mounted and building-mounted solar energy systems are permitted as an accessory use in all zoning districts when attached to a lawfully permitted principal structure and/or accessory structure, subject to the following requirements: