Hamburg Town City Zoning Code
ARTICLE XII
NC Neighborhood Commercial General Residence District
[Amended 1-11-1993 by L.L. No. 1-1993; 1-26-1998 by L.L. No. 1-1998]
§ 280-59 Intent.
The intent of the NC Neighborhood Commercial General Residence District is to provide a commercial zoning district which meets the needs of residential neighborhoods without affecting the character of the residential area it is located within. This district's regulations allow for minor commercial uses and structures which compliment surrounding neighborhoods. Typically, these commercial uses are located in existing residential-type structures, or in new commercial structures of less than 2,000 square feet (first floor dimension), and limited to the height of two-story residential structures (i.e., NC use is allowed in any size existing residential structure or, if new construction, a building having a first-floor dimension of less than 2,000 square feet). In general, these minor commercial uses do not have more than six employees, or require more than 10 parking spaces, or involve any outdoor uses or activities. Preserving the character of the neighborhood through aesthetics, public safety and welfare, and pedestrian access is a high priority, and is encouraged to provide a living environment which compliments surrounding residential uses.
§ 280-60 Permitted uses and structures.
[Amended 2-22-1999 by L.L. No. 3-1999; 9-25-2000 by L.L. No. 5-2000; 7-13-2009 by L.L. No. 9-2009; 11-14-2011 by L.L. No. 11-2011; 11-3-2025 by L.L. No. 9-2025]
Uses and structures permitted in the NC District are as follows:
Principal uses and structures:
Single-family detached dwellings.
Two-family dwellings.
Minor retail sales serving the day-to-day convenient shopping needs of the surrounding neighborhood (less than 2,000 square feet).
Real estate or insurance office.
Funeral homes (no crematoriums).
Art, dance, music schools or photography studios.
Opticians or optometrists.
Bed-and-breakfast establishments and tourist homes.
Fire substations.
Meeting rooms for private clubs, lodges or fraternal organizations.
Medical and/or dental buildings, clinics and laboratories (single practitioner).
Other administrative, professional or executive offices (less than three employees).
Personal service establishments, including but not limited to barbershops, beauty parlors, glove or hat cleaning or repair, hand laundry, laundromats, dry cleaning, glass shops and small appliance repair.
Existing R-3 uses, as of the date of the adoption of this article.
Truck terminals and dispatch and transfer offices and all automotive-related businesses shall be prohibited.
Accessory uses and structures:
Accessory uses permitted in the R-3 District, without the limitations on accessory offices within a dwelling for permitted home occupations and home businesses as defined herein.
Unless otherwise specified, accessory uses and structures customarily incidental to permitted principal uses.
Installations of glass at an approved glass shop.
§ 280-61 Minimum lot size.
[Amended 11-3-2025 by L.L. No. 9-2025]
Unless otherwise provided, the minimum lot size for dwellings and nonresidential uses in the NC District shall be as specified in this section.
Lot area:
Nonresidential uses and mixed-use buildings: lot areas will be based on the size of the building, parking, landscaping and other zoning requirements.
Lot width at the building line:
Where a lot is served by a public sanitary sewer: 65 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 to exceed 200 feet.
Where a lot is not served by a public sanitary sewer: 100 feet.
Nonresidential buildings: 75 feet.
Lot width at the front lot line: 25 feet.
§ 280-62 Maximum height of buildings.
§ 280-63 Required yards.
Unless otherwise provided, the minimum required yards and other open space in the NC District shall be as specified in this section.
Front yards: 35 feet.
Side yards: two required.
Single-family dwellings where the lot is served by a public sanitary sewer: The minimum width of any side yard shall be five feet. The total width of both side yards shall be not less than 15 feet.
Two-family dwellings where the lot is served by a public sanitary sewer: The minimum width of any side yard shall be 10 feet.
Single-family or two-family dwellings where the lot is not served by a public sanitary sewer: The minimum width of any side yard shall be 10 feet. The total minimum width of both side yards shall be 25 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 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.
§ 280-64 Off-street parking.
For applicable off-street parking regulations, see Article XXXII.
§ 280-65 Signs.
For applicable sign regulations, see Article XXXVI.
§ 280-66 Landscaping.
Unless otherwise provided, landscaping shall be required for commercial uses as follows:
Existing natural features and vegetation shall be preserved. Other landscaping treatments such as trees and shrubbery shall be located as directed by the Planning Board to achieve residential character and conformance with the surrounding properties.
§ 280-67 Architectural requirements.
The applicant shall submit building plans and elevations showing how any proposed structure preserves the character of the neighborhood and, if applicable, meets the specific requirements of any overlay district.