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Hamburg Town City Zoning Code

ARTICLE XVI

HC Hamburg Commercial District

[Added 1-26-1998 by L.L. No. 1-1998]

§ 280-98 Intent.

In accordance with the recommendations and policies of the Town of Hamburg 2010 Comprehensive Plan (1997 Master Plan update), this district is intended to:
Encourage balanced growth to provide for a diverse living environment for the Town's residents that builds upon past development and creates a safe environment for the future:
Protect existing residential neighborhoods from encroachment by incompatible uses.
Identify appropriate areas of prime commercial uses that serve the local residential, community-wide and regional needs of the Town.
Encourage the consolidation of future commercial development for safety and convenience and discourage typical strip development along major highways.
The Town will provide the full utilization of public facilities and services through the orderly development of future growth by encouraging the "in filling" of appropriate vacant, developable areas by directing future growth into lands with adequate public services.
Create a new limited commercial zoning for the regional commercial areas surrounded by residential uses.

§ 280-99 Objectives.

The creation of the HC District has the following objectives based on the Town's 2010 Comprehensive Plan (1997 Master Plan update):
Allow for appropriate commercial and office development uses in "regional draw" areas along major highways, with adequate public utilities.
Limit the types of commercial and office operations to uses that are compatible with road frontage properties with residential zoning districts surrounding them.
To create commercial and office uses that compliment "regional draws" or destinations and do not necessarily create significant additional traffic volume.
Provide a commercial zoning district that encourages a blend of structures and uses and incorporates design requirements that allow for an aesthetically enhanced look to the Town of Hamburg and to accomplish a non-strip-development look.

§ 280-100 Permitted uses.

Uses and structures permitted in the HC are as follows:
Principal uses and structures no greater than 6,000 square feet of gross floor area.
Limited retail sales (no outdoor sales, discount stores, general merchandising or department stores).
Office buildings and offices.
Finance, insurance, real estate services and travel agencies.
Legal, engineering, architectural, educational and scientific research, accounting, auditing and bookkeeping and community planning services, but not including medical and/or dental/outpatient and laboratories.
Specialty food shops meeting the limitations described in Subsection A(7).
Truck terminals and dispatch and transfer offices and all automotive repair service related businesses shall be prohibited.
Eating and drinking alcohol related establishments, drive-in/drive-through facilities and wholesale sales and distribution shall be prohibited.
The following uses by special use permit authorized by the Planning Board (See Article XLVI.)
[Added 9-13-2004 by L.L. No. 4-2004]
Branch banks up to 10,000 feet in size (drive-through facilities allowed with screening from residential areas).
Accessory uses and structures.
Unless otherwise specified, accessory uses and structures customarily incidental to permitted principal uses.

§ 280-101 Minimum lot size.

Unless otherwise provided, the minimum lot size in the HC District shall be as specified in this section.
Lot area. Lot area will be based on the size of the building, parking requirements and landscaping.
Lot width at the building line: 150 feet.

§ 280-102 Lot coverage.

Maximum: 70%.

§ 280-103 Maximum height of buildings.

Unless otherwise provided, the maximum height of principal buildings in the HC District shall be 30 feet.
Accessory buildings shall be one story, not to exceed 15 feet.

§ 280-104 Required yards.

Unless otherwise provided, the minimum required yards and other open spaces in the HC 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 20 feet or the height of the principal building, whichever is greater.
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.
Rear yard:
Minimum: 30 feet.
This rear yard must include a visual buffer to the properties behind the building as determined by the Planning Board. This buffer can be one of the following: a planted berm, an evergreen hedge, or a fence (at least eight feet in height).

§ 280-105 Off-street parking and signs.

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

§ 280-106 Supplemental regulations.

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

§ 280-107 Landscaping requirements.

Landscaping treatments shall be located as directed by the Planning Board to retain the aesthetically enhanced look and residential buffering objectives of this zone.

§ 280-108 Architectural requirements.

Building elevation plans must be submitted to the Planning Board which reflect designs that accomplish the aesthetically enhanced look described in the objectives section of this Code, and any applicable zoning overlay requirements.