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Hamburg Town City Zoning Code

ARTICLE X

R-3 Multifamily District

§ 280-45 Permitted uses and structures.

Uses and structures permitted in the R-3 District are as follows:
Principal uses and structures where served by a public sanitary sewer:
Principal uses and structures permitted in the R-2 District.
Multifamily dwellings or condominiums.
Dwelling groups.
Hospitals or institutions of a religious, charitable, rehabilitative or philanthropic nature, provided that they are not used for penal or correctional purposes. No on-site incineration is permitted and no off-street parking is allowed in front of the principal structure.
[Amended 7-12-1993 by L.L. No. 6-1993]
Nursing or convalescent homes, subject to side yard requirements for other principal buildings.
Colleges and universities.
[Added 11-28-2011 by L.L. No. 14-2011[1]]
[1]
Editor's Note: This local law also provided for the redesignation of former Subsection A(6) and (7) as Subsection (7) as Subsection A(7) and (8), respectively.
Dormitories.
The following uses by special use permit authorized by the Planning Board (see Article XLVI):
Nursery schools and day-care centers.
[Amended 1-11-1993 by L.L. No. 1-1993[2]]
[2]
Editor's Note: This local law also repealed former Subsection A(7)(a), Satellite dish antennas.
Accessory uses and structures:
Accessory uses and structures permitted and as regulat-ed in the R-2 District.
Accessory uses and structures customarily incidental to permitted principal uses.
Accommodations for not more than three roomers or lodgers within a dwelling.

§ 280-46 Minimum lot size.

[Amended 8-4-2003 by L.L. No. 4-2003; 12-11-2006 by L.L. No. 7-2006; 11-3-2025 by L.L. No. 9-2025]
Unless otherwise provided, the minimum lot size in the R-3 District shall be as specified in this section.
Lot area:
Minimum (single-family home): 9,000 square feet.
Minimum (two-family dwellings): 5,000 square feet per dwelling unit.
Three-or-more-family dwellings, not to exceed three stories: no minimum lot size. Density shall be determined based on compliance with all other minimum setbacks, open space, and other requirements of the Town Code. The parcel of land for a permitted use shall be sufficient in size to adequately accommodate buildings, required parking, open space, recreation, landscaping, and other accessory uses as dictated by all other bulk regulations and other applicable sections of the Code.
Three-or-more-family dwellings over three stories in height: no minimum lot size. Density shall be determined based on compliance with all other minimum setbacks, open space, and other requirements of the Town Code. The parcel of land for a permitted use shall be sufficient in size to adequately accommodate buildings, required parking, open space, recreation, landscaping, and other accessory uses as dictated by all other bulk regulations and other applicable sections of the Code.
Lot width at the building line: 70 feet for one dwelling unit, plus an additional 15 feet for a second dwelling unit and an additional 20 feet for each dwelling unit over two, but need not exceed 200 feet.
Lot width at the front lot line: 30 feet.

§ 280-47 Maximum height of buildings.

Unless otherwise provided, the maximum height of buildings in the R-3 District shall be as specified in this section.
Single-family or two-family dwellings: 21/2 stories, not to exceed 35 feet.
Other principal buildings: as regulated by yard requirements.
Accessory buildings: one story, not to exceed 18 feet.

§ 280-48 Required yards.

[Amended 12-18-2017 by L.L. No. 3-2018; 11-3-2025 by L.L. No. 9-2025]
Unless otherwise provided, the minimum required yards and other open spaces in the R-3 District shall be as specified in this section.
Front yard: 35 feet.
Side yards: two required.
Single-family dwellings: The minimum width of any side yard shall be 10 feet.
Two-family dwellings: The minimum width of any side yard shall be 10 feet. Other principal buildings. Except as otherwise provided, each side yard shall equal 30 feet or a distance equal to the height of the principal building, whichever is greater; provided, however, that when a side yard adjoins a lot in any district other than an R District, such side yard shall equal 15 feet or a distance equal to 1/2 the height of the principal building, whichever is greater.
Rear yard. Except as otherwise provided, no rear yard shall have a depth of less than 30 feet or a distance equal to the height of the principal building, whichever is greater.
Three-or-more-family dwellings, not to exceed three stories in height, shall be a minimum of 50 feet from any property line.
Three-or-more-family dwellings over three stories in height shall be a minimum of 50 feet from any property line, with an additional one foot for each additional foot exceeding 35 feet in height.
Open space between principal buildings on a single lot. No vertical wall of a principal building shall be nearer to a vertical wall of any other principal building than a distance of 30 feet or a distance equal to the average height of such vertical walls measured from the adjoining finished grade, whichever is greater.

§ 280-48.1 Open space and recreational requirements.

[Added11-3-2025 by L.L. No. 9-2025]
All proposals for multi-family uses (three or more family dwellings) must include a minimum of 20% greenspace (areas that are treed, lawned, or landscaped to the satisfaction of the Planning Board).
All proposals for multi-family uses must include recreation space in accordance with Section 280-270.1 of the Zoning Code.

§ 280-49 Off-street parking.

For applicable off-street parking regulations, see Article XXXII.

§ 280-50 Signs.

For applicable sign regulations, see Article XXXVI.

§ 280-51 Supplemental regulations.

For applicable supplemental regulations pertaining to use, clustering, height, area or open space, see Articles XXXVII through XL.

§ 280-51.1 Affordable housing.

[Added 12-18-2017 by L.L. No. 3-2018]
For proposed multifamily rental dwellings of eight or more units, the Town of Hamburg requires a percentage of the units to be affordable. See Chapter 109 of the Code of the Town of Hamburg.