History. The Village of Hamburg has a vibrant history, which is reflected in its architecture and is a vital part of the character of the village center. The character of these areas continues to be recognized and celebrated by residents, local officials and visitors to the community. The context of the traditional structures in the Village Center Commercial (VCC) District has established a pedestrian-friendly environment for commerce that encourages social interaction and supports local business.

Purpose. The purpose of these design-based criteria is to maintain the historic and architectural character of the traditional village core within the Village of Hamburg, and to ensure future development and redevelopment in the VCC District is compatible and harmonious with the desired traditional character and design.

Intent. One of the greatest threats to the character and historic integrity of the Village of Hamburg is the slow and incremental loss of the historic fabric: the loss of a character-defining feature of a structure, an individual building, or an entire block. These standards are intended to guide preservation and enable distinctive solutions to address changes, modifications or adaptive reuse of buildings and properties, or direct the style of new or infill development. The requirements contained herein provide a framework for achieving the following objectives:

Structures under regulation. These design standards shall apply to all uses, except single- and two-family dwellings, within the VCC District and shall apply to existing structures and new structures, including, but not limited to, any upgrades, reconstructions, modifications, additions, expansions, or changes of exterior appearance, and new construction requiring site plan review.

Historic structures. For this purpose of this article, the term "historic structure" shall refer to all historic properties, local landmarks, and contributing structures identified in the Village of Hamburg Historic District as listed on the National Register of Historic Places. This shall also include all local landmark properties and properties within historic districts so designated by the Historic Preservation Commission under Chapter 44 of the Village of Hamburg Code.

Supplemental building design standards. The guidelines and standards provided herein are to be used in conjunction with the Village of Hamburg Building Design Standards, which include illustrative examples of the provisions set forth herein. Where there is a conflict in procedure or regulation of property between this chapter and the Building Design Standards, the requirements of this chapter shall take precedence.

Property owner guidance. Property owners should refer to the guidelines and standards of this article and the Village of Hamburg Building Design Standards as a source of inspiration, innovation, and distinctive solutions when undertaking changes, modifications, or adaptive reuse of buildings and properties.

Site plan review. All exterior, environmental changes proposed for a nonresidential, mixed-use, or multifamily structure in the VCC District shall require site plan review and approval as provided for by Article 44 of this chapter. Site plan review applications for property in the VCC District shall also include the following materials:

Architectural Review Committee (ARC) review. Review and recommendation by the Architectural Review Committee shall be required for development within the VCC District, as outlined in Articles 43 and 44, to ensure compliance with Building Design Standards.

Certificates of appropriateness. Where a site plan review application includes locally designated landmarks or structures within historic districts, the regulations of Chapter 44 of the Village Code shall also apply. A certificate of appropriateness may be required as noted in Chapter 44.

Placement and orientation context. Placement refers to how a building is situated on the lot. Orientation refers to the location of a building's main axis, or primary facade. Building placement and orientation is a crucial part of the interface of private building facades with public thoroughfares, which shape a compact, walkable public realm.

Massing and form context. Massing and form refer to the volume and shape of a building. Buildings should provide visual interest that engages pedestrians and others to promote activity and business vitality. Wherever possible, new development should enhance the visual quality of the site on which it is located, as well as the character of the surrounding area.

Design requirements. All nonresidential, mixed-use, and multifamily buildings shall be in accordance with the following:

Facade composition context. A building facade serves as the interface between the public realm and the interior space of the building and should be compatible with the character and context of the surrounding area. Proper facade composition creates visual interest and adds character to a facade, providing visibility into the building interior, particularly for retail uses, contributing to the pedestrian, bicyclist, and motorist experience throughout the Village. The arrangement of facade elements should be so designed to create a recognizable and consistent composition.

Fenestration context. Fenestration refers to the area of the facade or building exterior covered with openings, in particular windows and doors, how transparent the enclosing glass in the openings is, and how the openings are arranged and/or relate to each other with respect to size, depth, location, etc.

General facade design.

First floor. Includes the area of facade below the transition line.

Upper floors. Includes all facade area above the transition line.

Windows and doors.

Storefronts and entrances.

Awnings and canopies.

Roofline context. A roofline is an architectural element, such as a cornice, parapet or change in material, which creates a distinction between the top of the building and the lower floors.

Roof styles.

Roof treatments.

General requirements.

Prohibited materials. The use of EIFS, vinyl siding, plastic panels, sheet metal, clear-coated aluminum, stainless steel, mirrored glass, plywood panels, concrete block, or smooth concrete is prohibited. Finishes that are intended or designed to reflect light and glare are not permitted. Fluorescent or day-glow colors of any shade are expressly prohibited.

Modern materials. The use of other modern and non-traditional materials or textures may be permitted with approval by the reviewing board.

Painted masonry.

Preservation of character.

General repair and replacement.

Preservation, repair and replacement of openings.

Demolition. Demolition of any historic structure shall require a certificate of appropriateness from the Historic Preservation Commission as provided for in Chapter 44 of the Village Code.

Similar building setback;

Similar building height;

Similar roof form; and

Similar exterior materials.

The purpose of this article is to protect and maintain the character and architectural integrity of the Village of Hamburg while directing the building style of new or infill nonresidential, mixed-use, and multifamily development. These standards are intended to achieve building treatments and modifications that are consistent with the traditional character and walkable development pattern of the Village.

While these standards do not mandate or prohibit any particular architectural style, the community has expressed a preference for architectural styles that relate to the original architecture found in the Village. New construction within the Village shall strive to reinforce the coherence of the development area while harmonizing with existing historic character. This can best be achieved by varying the details from building to building while emulating the range of building types exemplified by the original structures and reinforced by these standards.

The intent of this article is to improve resident quality of life and promote the Village as a civic space where people are attracted to work, shop and socialize. All nonresidential, mixed-use, and multifamily buildings and structures in the Village shall be designed to achieve the following objectives:

Structures under regulation. These design standards shall apply to all existing, altered, or newly constructed nonresidential, mixed-use, and multifamily structures within the Village outside of the VCC District.

Historic structures. For this purpose of this article, the term "historic structure" shall refer to all historic properties, local landmarks, and contributing structures identified in the Village of Hamburg Historic District as listed on the National Register of Historic Places. This shall also include all local landmark properties and properties within historic districts so designated by the Historic Preservation Commission under Chapter 44 of the Village of Hamburg Code.

Supplemental building design standards. The guidelines and standards provided herein are to be used in conjunction with the Village of Hamburg Building Design Standards, which include illustrative examples of the provisions set forth herein. Where there is a conflict in procedure or regulation of property between this chapter and the Building Design Standards, the requirements of this chapter shall take precedence.

Property owner guidance. Property owners should refer to the guidelines and standards of this article and the Village of Hamburg Building Design Standards as a source of inspiration, innovation, and distinctive solutions when undertaking changes, modifications, or adaptive reuse of nonresidential, mixed-use, or multifamily buildings and properties.

Site plan review. All exterior, environmental changes proposed for nonresidential, mixed-use, or multifamily structures shall require site plan review and approval as provided for by Article 44 of this chapter.

Architectural Review Committee (ARC) review. Review and recommendation by the Architectural Review Committee shall be required upon referral by the reviewing board, as outlined in Articles 43 and 44. ARC review shall also be required for development within the LCR, NCC, GC, MU-R, and MU-I Districts to ensure compliance with building design standards.

Certificates of appropriateness. Where a site plan review application includes locally designated landmarks or structures within historic districts, the regulations of Chapter 44 of the Village Code shall also apply. A certificate of appropriateness may be required as noted in Chapter 44.

Placement and orientation context. Placement refers to how a building is situated on the lot. Orientation refers to the location of a building's main axis, or primary facade. Building placement and orientation is a crucial part of the interface of private building facades with public thoroughfares, which shape a compact, walkable public realm.

Massing and form context. Massing and form refer to the volume and shape of a building. Buildings should provide visual interest that engages pedestrians and others to promote activity and business vitality. Wherever possible, new development should enhance the visual quality of the site on which it is located, as well as the character of the surrounding area.

Design requirements. All nonresidential, mixed-use, and multifamily buildings shall be in accordance with the following:

Facade composition context. A building facade serves as the interface between the public realm and the interior space of the building and should be compatible with the character and context of the surrounding area. Proper facade composition creates visual interest and adds character to a facade, providing visibility into the building interior, particularly for retail uses, contributing to the pedestrian, bicyclist, and motorist experience throughout the Village. The arrangement of facade elements should be so designed to create a recognizable and consistent composition.

Fenestration context. Fenestration refers to the area of the facade or building exterior covered with openings, in particular windows and doors, how transparent the enclosing glass in the openings is, and how the openings are arranged and/or relate to each other with respect to size, depth, location, etc.

Corner buildings. Buildings that are located on a street corner are considered to have two primary facades.

First floor.

Windows and doors.

Storefronts and entrances.

Awnings and canopies.

Roofline context. A roofline is an architectural element, such as a cornice, parapet or change in material, which creates a distinction between the top of the building and the lower floors.

Roof styles.

Roof treatments.

General requirements.

Prohibited materials. The use of stucco, vinyl siding, plastic panels, sheet metal, clear-coated aluminum, stainless steel, mirrored glass, plywood panels, concrete block, or smooth concrete is prohibited. Finishes that are intended or designed to reflect light and glare are not permitted. Florescent or day-glow colors of any shade are expressly prohibited.

Modern materials. The use of other modern and nontraditional materials or textures may be permitted with approval by the reviewing board.

Painted masonry.

Preservation of character.

General repair and replacement.

Preservation, repair and replacement of openings.

Demolition. Demolition of any historic structure shall require a certificate of appropriateness from the Historic Preservation Commission as provided for in Chapter 44 of the Village Code.

Similar building setback;

Similar building height;

Similar roof form; and

Similar exterior materials.

Context of character. Residential structures located within commercial districts are at risk of losing their traditional neighborhood character over time as investment continues and changes in use occur. Understanding the elements that define neighborhood character is the first step in preserving it and ensuring that new construction harmonizes with the context. The traditional character of neighborhoods is defined by buildings, as well as trees, fences, sidewalks, and landscaping. Mature street trees located between the sidewalk and the curb define the character of most village streets.

Purpose. The purpose of these design standards is to preserve the integrity of the traditional neighborhood character of residential structures located within commercial districts. While some residential structures may have been or will be converted to a nonresidential use, these design standards are intended to ensure that the original design and residential integrity of the structure is maintained over time. It is for this reason that future investment in these structures shall preserve and enhance the overall walkability and historic character of the Village through the observation of the guidelines and standards provided herein.

Structures under regulation. These design standards shall apply to all structures originally built for residential purposes within the Village's commercial zoning districts. This shall include residential structures still occupied by a residential use, such as single-, two-, or three-family dwellings, and converted residential structures now occupied or proposed to be occupied by a nonresidential use, such as retail or office enterprises.

Historic structures. For this purpose of this article, the term "historic structure" shall refer to all historic properties, local landmarks, and contributing structures identified in the Village of Hamburg Historic District as listed on the National Register of Historic Places. This shall also include all local landmark properties and properties within historic districts so designated by the Historic Preservation Commission under Chapter 44 of the Village of Hamburg Code.

Supplemental building design standards. The guidelines and standards provided herein are to be used in conjunction with the Village of Hamburg Building Design Standards, which include illustrative examples of the provisions set forth herein. Where there is a conflict in procedure or regulation of property between this chapter and the Building Design Standards, the requirements of this chapter shall take precedence.

Property owner guidance. Property owners should refer to the guidelines and standards of this article and the Village of Hamburg Building Design Standards as a source of inspiration, innovation, and distinctive solutions when undertaking changes, modifications, or adaptive reuse of single- and two-family structures and properties.

Site plan review. All exterior, environmental changes proposed for single-or two-family structures within a commercial district shall require site plan review and approval as provided for by Article 44 of this chapter.

Architectural Review Committee (ARC) review. Review and recommendation by the Architectural Review Committee shall be required upon referral by the reviewing board, as outlined in Articles 43 and 44. ARC review shall also be required for development within the LCR, VCC, NCC, GC, and MU-I Districts to ensure compliance with Building Design Standards.

Certificates of appropriateness. Where a site plan review application includes locally designated landmarks or structures within historic districts, the regulations of Chapter 44 of the Village Code shall also apply. A certificate of appropriateness may be required as noted in Chapter 44.

It is encouraged that all additions and/or improvements to existing structures be of the same architectural style, use the same type of materials, be of the same height and width, and have the same window and door orientation as the original structure.

Significant architectural features, including but not limited to original cladding, porches, cornices, etc., shall be preserved.

Historic materials shall only be replaced when it is demonstrated they are deteriorated beyond repair. Replacement materials shall match the existing in form, profile, and texture.

Replacement windows in historic buildings shall utilize true divided lights or simulated divided lights when matching the original mullion and/or muntin configuration. The use of interior-only grids or grids between the panes of glass is prohibited.

Demolition of any historic building listed shall require a certificate of appropriateness from the Village of Hamburg Historic Preservation Commission.

Porches shall be maintained in good repair; meaning porch decks, posts and trim shall be protected with paint and roof shall be maintained in a sound condition.

Repair is preferred over replacement.

When replacing deteriorated materials, new materials, trim, and detailing shall match existing. For example, a wood handrail should not be replaced with and aluminum or vinyl handrail. Alternate materials are only acceptable if they are visually similar to the materials they replace.

Enclosing porches to provide additional interior space is prohibited.

New porches shall be compatible in style, materials, scale and form with the building the building they are attached to.

Back-primed tongue-and-groove fir boards are the preferred material for porch decking. Porch decks should be sloped to drain away from the building. Deck boards always run perpendicular to the outside wall of the house.

No vinyl or pressure-treated/preservative balusters should be utilized on porches.

On elevations visible from the street, window size, proportions or location shall not be altered unless the change is intended to restore lost historic features or the historic appearance of the building's exterior. Such restoration work should only be undertaken if documentation is available to confirm the building's historic appearance.

Replacement windows should only be installed when the original windows are deteriorated beyond repair.

Replacement windows shall match the size, style and general appearance of the units they replace.

Replacement windows should fit within existing casings and decorative trim.

Shutters should only be installed when they are compatible with the age and style of the building to which they are being attached. For example, shutters are not typical of a Craftsman bungalow. Refer to guidance for shutters in the Design Principles Section of the Village of Hamburg Building Design Standards for additional recommendations.

In addition to window size, proportion and spacing should be similar to the original building.

On elevations visible from the street, door size, proportions or location shall not be altered unless the change is intended to restore lost historic features or the historic appearance of the building's exterior. Such restoration work should only be undertaken if documentation is available to confirm the building's historic appearance.

Replacement doors should only be installed when the original door is deteriorated beyond repair or when the existing door is an inappropriate replacement.

Replacement doors shall match the size, style, glass light design, and panel configuration of the units they replace. Alternate materials should match the appearance of the materials they replace. If the existing door is wood, stamped hollow metal doors are not acceptable but fiberglass paneled doors are.

Replacement doors should fit within existing casings and decorative trim.

In addition to door size, proportions, glass light design, and/or panel configuration should be similar to the original door.

Prominent brick chimneys visible from the street should be rebuilt rather than removed.

The removal of concrete block chimneys or chimneys that are not original to the building is encouraged.

Chimney roof and wall intersections should be properly flashed with metal.

To ensure durability, chimneys should be caped with a minimum four-inch concrete slab or stone rather than a mortar wash.

This section establishes circulation, access and off-street parking requirements as a necessary part of the development and use of land. It is the intent of this section to help avoid the negative impacts associated with spillover parking into adjacent areas, while at the same time avoiding the negative environmental and urban design impacts that can result from parking lots and other vehicular use areas.

The provisions of this section are also intended to help protect the public health, safety, and general welfare by:

No site plan shall be approved and no permit shall be issued for the erection or occupancy of a building or structure unless the use conforms to the parking requirements of this section or as modified by the Planning Commission.

For any off-street parking facility as required by this section, a layout plan showing entrances, drives and parking stalls, and snow storage and removal provisions shall be submitted as part of site plan review.

These requirements of this article shall apply to all nonresidential, mixed-use, and multifamily uses within the Village of Hamburg. Requirements for single-, two-, and multifamily dwellings up to four units are provided in § 250-33.3, but otherwise shall be exempt from the provisions of this article.

Off-street parking.

Garages. If a new house design includes a detached garage, the detached garage must be at least 10 feet from the dwelling structure and must be located with the proper side lot line setbacks.

Where more than one primary structure is located on a lot, an on-site system of pedestrian walkways shall be designed to provide direct access and connections to and between the following (see Figure 4).

Sidewalks and/or plazas shall be provided with weather protection (e.g., shade trees, awnings/canopies) and appropriate pedestrian amenities (e.g., outdoor seating, trash cans, sidewalk displays, public art, etc.).

Where more than one primary use is located on a lot or are arranged as a plaza, complex, or mall, internal streets or driveways shall be provided to allow vehicle access between such uses and parking areas. Techniques to achieve this include, but are not limited to, shared driveways, shared access roads, cross access easements, and shared parking areas.

To the extent practicable, common or shared service and delivery access shall be provided between adjacent parcels and/or buildings.

No driveway or curb cut shall be located closer than 30 feet to the intersection of public streets.

Driveways and curb cuts located on the same side of the road or right-of-way shall be spaced a minimum of 60 feet apart, as measured from the nearest edges. Shared access drives shall be provided where such separation may not be practicable.

The width of an access driveway shall conform to the requirements of the table below.

Location.

Driveways and access.

Minimum required parking.

Maximum parking permitted. Surface parking spaces shall not exceed 110% of the minimums required, unless otherwise approved by the reviewing board.

Parking blocks. In order to reduce the scale of parking areas, the total amount of parking provided shall be broken up into parking blocks containing not more than 40 spaces.

Walkways. All parking areas with more than 20 spaces shall provide pedestrian walkways within the parking area and outside of the drive aisles and parking rows.

Landscaping and buffering. All parking lots shall comply with Article 34 of this chapter.

Lighting. All exterior lighting intended to illuminate off-street parking areas shall be in conformance with the requirements of Article 36 of this chapter.

Maintenance. All parking areas shall be maintained so that the pavement is structurally sound, clean and free of dust, mud, snow, or trash and striped to Village standards. All pavement repair, striping, reconstruction, or restoration work shall be done in accordance with Village standards.

Bicycle parking. Bicycle parking shall be provided with all multifamily and nonresidential developments at 10% of the minimum vehicle parking requirements, but not less than two and not more than 20 bicycle spaces for any single use.

Parking space and aisle dimensions. The minimum required dimensions of parking spaces and aisles shall be as indicated in the following table and Figure 8.

Shared parking. The reviewing board may approve shared parking facilities for developments or uses with different operating hours or peak business periods, subject to the following requirements:

Parking demand study.

Modification of requirements. The reviewing board under their powers of site plan review may recommend to the Board of Trustees modification of requirements for parking and loading, and:

Loading spaces shall be located in the side or rear yard only.

Minimum of one loading space shall be provided for each commercial or industrial use exceeding 20,000 square feet of gross floor area.

Where it can be demonstrated that loading/deliveries will occur during times when parking areas will be used at less than 75% of capacity, or that deliveries will occur during hours when the establishment or facility is not open for normal business activities, the requirement for loading areas may be waived by the reviewing board.

Off-street loading spaces shall be located on the same lot or parcel as the structure or use for which it is provided.

Loading spaces and maneuvering areas shall be designed so that loading operations:

No loading space shall be located closer than 10 feet from a lot line abutting any residential zoning district.

All loading areas shall provide a snow storage area sized to accommodate expected snowfall and located to ensure that fencing, landscaping, and other screening devices are protected from damage.

All loading areas shall comply with the landscaping and screening standards in Article 34 of this chapter.

All exterior lighting intended to illuminate loading areas shall be in conformance with the requirements of Article 36 of this chapter.

Promote a healthy environment by providing shade, air purification, oxygen regeneration, groundwater recharge, stormwater runoff management, erosion control, and reductions in noise, glare and heat island effects;

Facilitate the implementation of sustainable design practices and development of green infrastructure to protect natural resources and improve the Village's resiliency in the face of climate change;

Provide visual buffering from streets, buffering of potentially incompatible land uses, and generally enhance the quality and appearance of the Village; and

Encourage the preservation of existing trees and vegetation that offer environmental, aesthetic, habitat, sustainability, and economic benefits to the Village and its citizens.

Topography of site before and after landscaping;

Location and size of all existing plant materials;

Existing vegetation to be retained and size of all existing trees with a diameter at breast height of five inches or more, including all trees to be preserved or removed;

Devices by which existing plant material shall be protected from damage during land alteration or land development activities. All disturbed areas not otherwise treated shall be seeded and/or sodded;

Dimensions of landscaped areas;

Location, type, size, spacing and number of proposed trees, shrubs, and ground covers;

Property lines, match lines, easements, proposed buildings, paved areas, fences, walls, and utilities;

The location, quantity, size, root ball condition and both scientific and common names of all proposed plant materials, the on-center spacing for hedges;

Typical planting details for trees, shrubs, ground covers, fences, walls, etc;

A legend, plant list, key, a scale drawn to a minimum of one inch to 30 feet, North arrow and planting detail.

Street tree and lot frontage landscaping.

Building foundation landscaping.

Interior parking lot landscaping.

Screening of parking and loading areas. In any district, all areas designated or used as service, loading, and/or parking areas for any building or land use, other than one- or two-family dwelling units, shall be screened with nondeciduous plantings, or a solid fence to a height of at least five feet above grade level, on all sides where the adjacent land is in a residential district or use. Such screening shall not be required within 15 feet of the intersection of a driveway with the right-of-way line of a public street.

Alternative parking lot landscaping. As an alternative to traditional parking lot design, lots that use low-impact design (green infrastructure) techniques to slow water runoff, increase infiltration and improve water quality are permitted and encouraged. These parking lots must be properly designed, graded and planted utilizing industry best management practices.

All plants shall be living plants (artificial plants are prohibited).

Plants native to upstate and western New York are strongly encouraged.

All areas where landscaping is required, a minimum of 80% of the surface area shall be covered by living materials, rather than mulch, bark, gravel, or other nonliving material.

Deciduous trees shall be a minimum of one-and-one-half-inch caliper at the time of planting, and eight feet in height at time of planting.

Evergreen trees shall have a minimum height of five feet at time of planting.

Upright shrubs to be planted shall be a minimum of 24 inches in height and spreading shrubs, deciduous or evergreen, shall be a minimum 15 inches in diameter.

Planting beds may be mulched with shredded hardwood, granite chips, river rock or similar materials.

All plant materials must be:

Diversity.

Lawn area (turf).

Existing vegetation may be used to satisfy the landscaping and screening requirements of this chapter if protected and maintained during site development and construction phases of work and if such trees or plants are not otherwise invasive and/or prohibited.

Tree credits shall be awarded in the quantities shown in table below based on diameter at breast height (DBH) approximately 4 1/2 feet from the ground.

Any grading or digging to be completed on site shall not occur within a radius of at least six feet around the base of any tree that is to be preserved.

A buffer strip 10 feet in width shall be provided upon all nonresidentially zoned lots which abut a residentially zoned lot at the side or rear lot line. This buffer strip may be included within the required side or rear yard.

No parking area, building, or other structure or paved area except walks, walls or fences shall be permitted in any buffer strip.

No storage or display of goods shall be permitted in any buffer strip.

Buffer strips shall include solid fencing and/or live, healthy vegetation of at least five feet in height.

Each buffer strip shall be planted with at least two trees and/or shrubs every 10 linear feet. The remainder of each buffer strip shall be landscaped in grass, ground cover, other vegetation or a walk, wall or fence.

The reviewing board shall require and approve buffers and screening as it determines to be necessary.

Enclosure and screening material. In industrial, commercial, central business and residential (excepting one- and two-family dwelling units) use, enclosures shall meet the following requirements:

Location for dumpsters, trash containers and enclosures.

Enclosure review, approval and enforcement of compliance.

Compliance for preexisting dumpsters and refuse containers.

The owner of the property, or a designated agent, shall be responsible for the proper care and maintenance, and replacement if necessary, of all landscape materials in a healthy and growing condition.

The owner and occupant of property upon which a buffer strip is located shall maintain the buffer strip in such a manner as to preserve its intended appearance.

All fences shall be maintained by the property owner as to meet the original design specification.

Purpose. The purpose of this article is to establish standards for the fabrication, erection, and use of signs, symbols, markings, and advertising devices within the Village. These standards are designed to protect and promote the public welfare, health and safety of persons within the community and to aid in the development and promotion of business and industry by providing sign regulations which encourage aesthetic creativity, effectiveness and flexibility in the design and use of such devices without creating detriment to the general public.

Objectives. It is further the intent of this chapter to achieve the following objectives:

Signs regulated. The regulations of this chapter shall govern and control the erection, enlargement, expansion, renovation, operation, maintenance, relocation and removal of all signs within the Village visible from any street, sidewalk, public right-of-way, or public space.

Exemptions. The provisions of this chapter shall not apply to or be construed to prohibit the following:

Conflict of provisions. If any portion of this chapter is found to be in conflict with any other provision of any zoning, building, fire safety or health code of the Village or other local or state agency, the provision which establishes the higher standard shall prevail.

Sign permits. Except as hereinafter provided, no person shall erect, alter, construct, relocate or cause to be erected, altered, constructed or relocated any sign without first having obtained a sign permit from the Village of Hamburg Code Enforcement Officer, as required by this chapter.

Permit exceptions. The following actions shall not require the issuance of a sign permit provided such maintenance, changes, or alterations do not alter the physical size, design, structure, or nature of the sign.

Alteration. Any sign for which a permit has been issued shall not be modified, relocated, altered, or replaced, unless an amended or new sign permit is obtained from the Code Enforcement Officer.

Expiration. A sign permit shall expire if the sign for which the permit has been issued is not fully constructed within 180 days from the date of issuance of the sign permit. The Code Enforcement Officer may grant an extension of up to an additional 45 days provided the applicant submits a written request with sufficient reason for the delay in construction.

Revocation. The Code Enforcement Officer, at any time for a violation of this chapter, may issue a notice of violation. A written notice of the violation including all reasons for the violation shall be mailed to the property, building, and/or sign owner. Said violation must be corrected within 30 days of the date of notice; otherwise the sign permit shall be revoked and the sign in question shall be required to be removed.

Application submittal.

Application requirements. All sign applications shall require the submittal of the following information. The Code Enforcement Officer may require application materials to be prepared by a licensed engineer or sign professional if deemed necessary for adequate review of the proposed sign.

Signs in public right-of-way. Applicants seeking approval for the placement of a sign or signs in the public right-of-way shall provide the Village with a certificate of insurance issued by a qualified and licensed insurance company naming the Village as an additional insured against all claims in the face amount of $250,000 for property damage and personal injury connected with said sign. The amount of the deductible pertaining to the Village shall not exceed $500.

Review by sign type.

Administrative review procedures.

ARC review procedures.

Site plan or special permit review coordination. Developments subject to review and approval under this Zoning Chapter may have proposed signage reviewed and approved as part of the special permit or site plan review process. In the event of such review, all required sign permit application materials shall be provided as part of the special permit or site plan application.

Review criteria. The review and approval of sign permit applications shall be based upon the following criteria:

Sign area.

Sign height.

No sign shall be erected, constructed, or maintained so as to obstruct free egress from a window, door or fire escape, to interfere with any opening required for ventilation, or to become a menace to life, health or property.

No sign shall be erected at or near any intersection of streets, alleys, or railways in a manner that obstructs free and clear vision for pedestrians, bicyclists, and motorists.

No sign shall be of a shape, color, or design that may be confused with any authorized traffic control device.

No rotating beam, beacon, or flashing illumination resembling an emergency light shall be used with any sign display.

Signs shall maintain clearance from high-voltage power lines.

The erection of any sign and its supports, including any wiring and/or electrical components utilized therein, shall be consistent with the requirements of the NYS Uniform Code and National Electrical Code, as applicable.

The erection of any sign, its supports, wiring, or other structural and/or electrical elements may be subject to inspection and approval by the Code Enforcement Officer.

All signs shall be constructed of permanent, weather-resistant, and durable materials, except for banners, flags, temporary signs, and window signs otherwise in conformance with this chapter.

Where applicable, signs shall be supported by sign structures that are designed to resist wind pressures, dead loads, and lateral loads in accordance with the appropriate provisions of the NYS Uniform Code. All sign supports may be reviewed as part of the sign design.

All permanent sign lettering shall be permanently affixed to the sign.

No sign may be constructed of untreated, unfinished, or unpainted wood, or sandblasted metal. All wood components of signs must be sealed and protected from the elements.

No sign shall use neon, fluorescent, or day-glow colors. Signs using neon tubing, except internal neon signs as permitted by this article, may be permitted with ARC review and approval.

No sign may be posted on public property or within a public right-of-way, unless otherwise approved by Village Board. Signs encroaching upon or projecting over the public right-of-way shall also require Village Board approval.

All signs must comply with the dimensional and setback requirements of this article.

No sign shall obscure, alter, or cover the architectural features of any building.

All signs shall be located on the site being promoted, identified, or advertised.

All signs shall maintain at least a ten-foot setback from all property lines, unless otherwise noted within this chapter.

No freestanding sign or any part thereof exceeding three feet in height, other than a supporting pole or brace no greater than 18 inches in width or diameter, shall be located within the designated clear sight triangle (see Figure 4) of any intersecting streets. The clear sight triangle shall be defined by the triangle formed by the curb lines of the intersecting streets measured 30 feet outward from the point of intersection of said curb lines along such curb lines. This shall only apply to intersections where a building does not occupy this space.

Intermittent illumination or illumination which involves movement or causes the illusion of movement resulting from the arrangement of lighting is prohibited.

In no event shall any illuminated sign or lighting device be placed so as to permit the beams and illumination therefrom to be directed upon a public street, highway, sidewalk or adjacent premises so as to cause glare or reflection that may constitute a traffic hazard or nuisance.

Overhead wires or exposed wires on a sign or its supporting members are prohibited.

While internally illuminated signs are prohibited, reverse channel illumination (backlighting) may be utilized in districts where illumination is permitted.

All signs shall be maintained in safe and good structural condition, in compliance with all applicable building and electrical codes, and in conformance with this chapter at all times.

Such maintenance includes replacement of all defective bulbs, parts, materials, painting, repainting, cleaning, replacement of copy, and other acts required for maintenance of such sign. If any sign does not comply with these standards, the Code Enforcement Officer may require its removal.

Any sign that becomes obsolete, meaning the business, product, service, event, or other such topic to which it relates ceases operation or is no longer applicable, must be removed within 60 days of such termination. An extension may be granted by the Code Enforcement Officer upon written request by the sign owner.

The removal of signs shall be the sole responsibility of the sign owner and/or sign permit holder. If said sign is not removed within 30 days of the date of written notice by the Code Enforcement Officer, the Code Enforcement Officer is authorized to effect its removal.

The removal of signs shall include the removal of all sign elements and related structural supports, returning the building, site, or structure to its original state.

The Code Enforcement Officer may remove any sign that is found to be in violation of this chapter. The property and/or sign owner shall subsequently be given written notice of such sign removal. If the sign is not claimed within 10 days of the written notice, the Code Enforcement Officer may dispose of said sign.

Any costs incurred for the removal of a sign shall be fully reimbursed to the Village of Hamburg by the sign permit holder. Such costs may be assessed to the property for collection by the Village.

Any sign for which no sign permit was issued, for which a sign permit was revoked, or any other sign not explicitly authorized herein.

Any sign that is not properly maintained, considered structurally unsound, hazardous, or otherwise unsafe.

Any sign placed on a curb, sidewalk, hydrant, utility pole, tree or other object located on, over, or within the public right-of-way, unless otherwise permitted by this article.

Any sign that advertises an activity, business, product or service no longer conducted or available on the premises on which the sign is located.

Any sign that is located off-premises from the use and/or structure to which it serves.

Any sign that contains words or pictures of an obscene or pornographic nature.

Any sign that is internally illuminated or that uses digital or LED screen technology.

Any sign that emits audible sounds, odor, or visible matter.

Any sign that may be confused with a traffic control sign, signal or device or the light of an emergency or road equipment vehicle or any sign which hides from public view any traffic or street sign, signal, or device.

Any sign that flashes, blinks, rotates, or revolves, or utilizes unshielded lighting devices, mirrors, or reflective material.

Any permanent sign that is mounted on wheels or mounted on any structure on wheels, not including registered commercial vehicles upon which a commercial message is displayed.

Any sign erected on the roof of a structure or attached in any manner that would extend beyond the roofline of the structure upon which it is located.

Any permanent sign using a single pole for support, or a monopole sign.

Any banner, poster, pennant, ribbon, streamer, spinner, or balloon, unless such material is utilized as temporary signage subject to the regulations of this article.

Any sign mounted on a registered vehicle parked on public or private property for more than 12 hours and visible from the street.

A-frame signs. Temporary a-frame signs shall not require a permit provided the following conditions are met:

Directional signs. Nonilluminated direction signs do not require a permit provided the following conditions are met:

Governmental signs. Any official sign, public notice, or warning sign authorized by federal, state or local law, including but not limited to signs erected and maintained pursuant to and in discharge of any government functions. (Example: NYS inspection station or authorized repair shop identification).

Internal signs. Signs within a building not legible from the public right-of-way or adjacent lots, or any sign within an enclosed outdoor space, such as an athletic field, where such sign is not legible beyond the property lines.

Lawn signs. Temporary lawn signs shall be in conformance with the regulations below.

Interior neon signs. Neon signs shall not require a sign permit provided the following conditions are met:

Noncommercial signs. Any use is permitted one sign that does not contain a commercial message, provided such sign is in conformance with the following:

Public signs. Signs of a public or noncommercial nature displayed for the direction, safety or convenience of the public, including, but not limited to, signs which identify rest rooms, hours of operation, or warnings, provided they conform to the following:

Real estate and for sale/lease signs. Real estate and for sale/lease signs shall not require a permit provided they conform to the following conditions:

Sign types. The following table indicates the sign types permitted within the Village's zoning districts.

Additional signage for developments. Due to the unique identification needs of residential and multitenant commercial developments, additional signage may be permitted in accordance with the table below. All signs must be in conformance with § 250-35.16, where applicable.

Awning sign. A sign that is part of or attached to an awning, canopy, or other fabric, plastic, or structural protective cover over a door, entrance, window, or outdoor area. Awning signs shall be limited to the valence.

Ground sign. A type of freestanding sign that is mounted on a base flush with the ground or supported by one or two columns or posts provided the distance between the ground and bottommost edge of the sign is no greater than two feet.

Pole sign. A type of freestanding sign that is supported by two columns or posts with a distance exceeding two feet between the ground and the bottommost edge of the sign.

Projecting sign. A sign which is wholly dependent upon a building for support and which projects more than 12 inches from such building.

Suspended sign. A sign attached to and supported by the underside of a horizontal plane.

Temporary sign. A sign which is not intended to be used for a period of time exceeding 15 days and is not attached to a building, structure, or ground in a permanent manner.

Wall sign. A sign fastened to the wall of a building or structure in such a manner that the wall becomes the supporting structure for or forms the background surface of the sign and which does not project outward more than 12 inches from such building or structure.

Window sign. A sign which is applied or attached to the exterior or interior of a window or is installed inside of a window within 12 inches of the window through which it can be seen. This shall not include graphics in connection with a customary window display of products.

Any sign that does not comply with this chapter is eligible for characterization as a legal nonconforming sign if the sign complied with all requirements in effect at the time it was erected.

Nonconforming signs must be brought into compliance with this chapter under the following conditions:

Any nonconforming sign that is removed from its position or siting and not replaced in-kind within 60 days shall be presumed to be abandoned and discontinued, and therefore may not be restored or re-erected except in compliance with this chapter.

No nonconforming sign may be altered in any way that would increase its nonconformity with the regulations of this chapter, including but not limited to area, height, setback, and illumination.

A nonconforming sign shall not be repaired, reconstructed or replaced, except in conformity with all the provisions of this chapter if it is damaged to an extent that the cost of repairing the sign to its former condition or replacing it with an equivalent sign equals or exceeds 50% of the replacement value of the sign so damaged, including labor.

Nothing in this section shall relieve the owner or user of a nonconforming sign or owner of the property on which the nonconforming sign is located from complying with the provisions of this chapter regarding safety, maintenance and repair of signs. Any repainting, cleaning, or routine maintenance or repair of the sign or sign structure shall not be deemed to modify the sign in any way.

Permit the use of outdoor lighting that does not exceed the minimum levels specified in the International Dark Sky Association and the Illuminating Engineering Society of North America recommended practices for night-time safety, utility, security, productivity, enjoyment, and commerce.

Minimize adverse offsite impacts of lighting such as light trespass, and obtrusive light.

Curtail light pollution, reduce skyglow and improve the nighttime environment.

Help protect the natural environment from the adverse effects of night lighting from gas or electric sources.

Conserve energy and resources to the greatest extent possible.

The regulations of this article shall apply to all exterior lighting on any property utilized for multifamily, commercial, mixed-use, industrial, public, or semipublic purposes.

No exterior lighting regulated under this article shall be erected without first receiving approval through site plan review.

Outdoor lighting fixtures shall be consistent with the design standards of the Village of Hamburg Building Design Standards.

Fixtures shall be fully shielded, pointing downward, to minimize skyglow, glare, and light trespass. The use of lighting fixtures compliant with International Dark Sky Association standards is required.

The use of "wall packs" or other building-mounted high-intensity fixtures is not permitted.

Pole-mounted fixtures shall not be mounted higher than 18 feet above grade.

Spotlights or other types of artificial lighting used to illuminate signs or building faces shall also conform to the requirements of Article 35 of this chapter.

All lighting fixtures shall be shielded and directed so as not to cast an illumination of more than two footcandles on adjacent nonresidential properties or more than 0.1 footcandle on adjacent residential properties. A banking institution shall be permitted to have light level in excess of the limit in this subsection, but only to the extent necessary to comply with the requirements of Article II-AA of the New York State Banking Law, commonly referred to as the "ATM Safety Act."

Exterior lighting should be illuminated only when needed, such as during business hours or in areas requiring illumination for security purposes.

Fixtures shall be no brighter than necessary to illuminate the site and/or area intended. Bulb types should be selected to reduce blue light emissions, which may be hazardous to human health and wildlife. No lighting shall have a color temperature exceeding 3,000 K.