Hamburg Town City Zoning Code
ARTICLE XIII
C-1 Local Retail Business District
[Amended 1-11-1993 by L.L. No. 1-1993; 7-12-1993 by L.L. No. 6-1993; 1-26-1998 by L.L. No. 1-1998]
§ 280-69 Intent.
[Amended 4-25-2022 by L.L. No. 1-2022]
The intent of the C-1 Local Retail Business District is to provide commercial uses and structures which serve the local needs of the Town of Hamburg. Commercial uses and structures permitted in this district should be designed to serve the surrounding neighborhood and local area, while not intending to become a regional attraction. The regulations for this district will take into consideration pedestrian and automobile access, traffic congestion, surrounding aesthetics, adaptive reuse, residential buffering and enhancing the overall image of local areas in the Town. To achieve these goals, the structures for these uses are limited to 15,000 square feet (base floor dimensions). Commercial uses in this district are not overly intrusive to the surrounding residential areas and include, but are not limited to, the following characteristics: low noise levels and odor generation, unobtrusive lighting, limited signage, minimization of points of egress and ingress and encouragement of shared access.
§ 280-70 Permitted uses and structures.
[Amended 11-28-2011 by L.L. No. 14-2011; 8-4-2025 by L.L. No. 4-2025]
Uses and structures permitted in the C-1 District are as follows:
Principal uses and structures (less than 15,000 square feet or as noted):
Principal uses and structures permitted in the NC District, (no residential housing shall be permitted), and principal uses and structures permitted in the HC District.
The following uses, when conducted entirely within an enclosed building:
Retail sales, but not including any use first permitted in the C-2 or M District.
Dry-cleaning and pressing establishments, limited to 2,000 square feet of floor area per establishment.
Eating or drinking establishments, provided that any entertainment shall be limited to television, radio or music, and further provided that no sale of alcoholic beverages for consumption on the premises shall be permitted on any lot where the principal building is less than 500 feet from a side lot line that abuts any R District boundary.
Hotels or motels, subject to the above restrictions on eating and drinking establishments.
Banks and drive-through banks, provided that at least five reservoir spaces are provided on the lot for each drive-in teller's window. Such reservoir spaces shall be exclusive of required parking spaces.
Racquetball clubs, squash courts, health spas and related physical fitness facilities.
Accessory uses and structures:
Unless otherwise provided, accessory uses and structures customarily incidental to permitted principal uses.
Shops for the manufacture or processing of articles incidental to the conduct of a retail business lawfully conducted on the premises, provided that:
All such articles manufactured or processed are sold at retail on the premises.
Not more than four persons are engaged in such manufacturing or processing at any one time and in any one establishment.
Such activity shall not produce offensive odors, noise, vibration, heat, glare or dust.
No automotive service, repair or installation activities.
§ 280-71 Minimum lot size.
§ 280-72 Maximum height of buildings.
Unless otherwise provided, the maximum height of buildings in the C-1 District shall be as specified in this section.
Maximum: 35 feet.
§ 280-73 Lot coverage.
Maximum: 75%.
§ 280-74 Required yards.
Unless otherwise provided, the minimum required yards and other open spaces in the C-1 District shall be as specified in this section.
Front yard: 40 feet.
Side yards:
Principal buildings: none required, except that:
Where a side yard is provided, it shall be no less than five feet.
Where a side yard abuts any R District boundary, it shall be not less than 40 feet.
Where a side yard is used for either vehicular ingress or egress, it shall be at least 12 feet.
Where a side yard is used for vehicular ingress and egress, it shall not be less than 25 feet.
§ 280-75 Off-street parking.
For applicable off-street parking regulations, see Article XXXII.
§ 280-76 Signs.
For applicable sign regulations, see Article XXXVI.
§ 280-77 Landscaping.
The Planning Board may require and modify landscaping plans for site locations to establish a positive design image.
§ 280-78 Architectural requirements.
The applicant shall submit building plans and elevations showing how any proposed structure meets the requirements of this article and any requirements of any applicable zoning overlay.