Hamburg Town City Zoning Code
ARTICLE IV
Application of Regulations
§ 280-9 General application.
Except as hereinafter provided:
No building, other structure or land shall hereafter be used or occupied, and no building or other structure or parts thereof a shall be erected, relocated, altered, extended or enlarged, unless in conformity with the use, height and area regulations specified herein for the district in which such building, other structure or land is located and in conformity with all other regulations of this chapter.
No lot area shall be reduced or diminished so that the yards or other open space thereon shall be less than prescribed by this chapter, nor shall the density of population be increased in any manner, except in conformity with area requirements herein established. If, at the time of the adoption of this chapter, or any subsequent amendments increasing the area or open space requirements, the lot area or required open spaces are less than the minimum required by this chapter, such area or open space shall not be further reduced.
No yard or other open space provided on one lot for the purpose of complying with the provisions of this chapter shall be considered as providing a yard or open space required on any other lot.
§ 280-10 Conservation areas.
For the purposes of this chapter "conservation areas" in the Town of within the jurisdiction of this chapter, shall be defined to include those areas shown in the Town of Hamburg 2010 Master Plan (see Article II, § 280-5C) and specifically delineated on the Open Space Plan as either "open space," "woodlands/conservation areas," "wetlands" or "agricultural districts" thereon, and, in addition, flood-prone areas as delineated on the Flood Insurance Rate Maps and Flood Boundary - Floodway Maps (see Article II, § 280-5D). Such areas are styled as conservation areas because they possess unique characteristics or location and/or physical features or serve as natural storm drainage areas or are lands subject to periodic flooding.
Such conservation areas are not restricted to any particular zoning district as established under § 280-6 of this chapter but instead are superimposed over any districts based on the delineation of said conservation areas, as defined herein, as they appear on either the aforesaid 2010 Master Plan, Open Space Plan or Flood Insurance Rate Maps and Flood Boundary - Floodway Maps, and any subsequent amendments thereto.
The permitted uses and regulations of such uses as stipulated herein for conservation areas, including the regulation of any building or structure, shall supersede the permitted uses and the regulation of such uses, including the regulation of any building or structure, as stipulated in any R, C, M or Mixed Use District established by this chapter for any portion of any R, C, M or Mixed Use District over which any portion of a conservation area is superimposed. All other provisions of this chapter shall remain intact and applicable, as stated in this chapter, and enforceable in all areas of the Town within the jurisdiction of this chapter, including conservation areas, as defined.
Permitted uses and the regulation of such uses within conservation areas.
The permitted uses and the regulation of such uses within the conservation areas delineated as "open space reservation and drainage easement areas" in the aforesaid 2010 Master Plan are as follows:
Principal uses and structures and accessory uses and structures as first permitted in the R-A District, except for a veterinarian or small-animal hospital; a hospital or institution of a religious, charitable, rehabilitative or philanthropic nature; or any stated uses requiring a special use permit authorized by the Planning Board, subject to the minimum lot size, maximum height of buildings, required yards, off-street parking reference and supplemental regulations reference. No clustering of residential uses or structures shall be permitted.
Principal uses and structures and accessory uses and structures as first permitted in the R-1 District when such conservation areas are utilized with the clustering of single-family residences to protect and preserve the bulk of such conservation areas, subject to the regulations as stipulated in the R-E District.
The permitted uses and the regulation of such uses within the conservation area delineated as "wetlands" on the aforesaid 2010 Master Plan, Open Space Map, are as follows:
Principal uses and structures as regulated by Article 24 and Title 23 of Article 71 of the New York State Environmental Conservation Law, as administered by the New York State Department of Environmental Conservation for any designated freshwater wetland and adjacent areas within the Town of Hamburg (6 NYCRR 663).
The proposed use or activity located wholly or in a portion of a freshwater wetland, as regulated, or in an "adjacent area," defined as being within 100 feet of a freshwater wetland, is subject to the permits and approvals of the New York State Department of Environmental Conservation and will supersede the permitted uses of any district as delineated in this chapter.
Furthermore, prior to the issuance of any permit for the erection of any permitted structure or building, pursuant to Subsection D(1)(a) or (b) above, in the conservation area referred to in Subsection D(1) above, wherein it is adjudged by the enforcement officer for this chapter that said permit applies to premises within 100 feet distant from the center line of a serving as a natural storm drainage area, as indicated on the aforesaid 2010 Master Plan, Open Space Map, or to premises within the flood-prone areas, as defined by the Flood Insurance Rate Maps and Flood Boundary - Floodway Maps (Article II, § 280-5C), the application for any such permit for said structure or building shall be referred to the Town Planning Board, which shall examine each case. The Town Planning Board may refer any such application to the Town Conservation Board and/or the Town Engineering Department for review and report back to the Town Planning Board within 14 days of such referral. After examination of each case and after receipt of any report from the Town Conservation Board and/or the Town Engineering Department, the Town Planning Board shall recommend approval or disapproval of such application based on the following criteria and objectives:
The proposed structure or building would not impede the flow of floodwater or otherwise cause damage to life or property.
The proposed structure or building would not interfere with the maintenance of adequate drainage channels and ponding areas to carry abnormal flows of stormwater in periods of heavy precipitation.
The proposed structure or building is not inconsistent with the intent, spirit or objectives of the Town of Hamburg 2010 Master Plan, as adopted by the Town Planning Board and accepted and endorsed by the Town Board, to provide for a reasonable distance from any such natural drainage watercourse to remain open and unobstructed.
Under no circumstances shall the Town Planning Board approve any such application for a permit for a structure or building intended to be located less than 100 feet distant from the center line of any watercourse serving as a natural drainage channel in the Town of Hamburg, within the conservation area defined in Subsection D(1) above, or, in the case of Eighteen-Mile Creek or any of its branches within the aforesaid conservation area, any application for a permit for a structure or building intended to be located less than 60 feet distant from the top of any bank of Eighteen Mile Creek where such top of the bank is 20 feet or more in height from the bed of the channel, as measured from the grade level of the channel, whichever distance is greater.
All structures to be constructed along the Lake Erie shoreline shall have the following setbacks from the top-of-bank and must meet all other Town, state and federal regulations:
[Added 4-25-2022 by L.L. No. 1-2022]
Permitted uses and regulation of such uses within flood-prone areas located outside conservation area boundaries but within major flood areas.
Subject to the conditions specified herein pertaining to the regulation of structures or buildings within flood-prone areas and provided for in Chapter 115 of the Code of the Town of Hamburg, entitled "Flood Damage Prevention," as shown on the Flood Insurance Rate Maps and Flood Boundary - Floodway Maps and delineated within the open space designated on the aforesaid 2010 Master Plan, Open Space Map, the permitted uses and the regulation of such uses are as follows:
Principal uses and structures and accessory uses and structures as permitted in the R-1 District and as regulated in the R-1 District. No clustering of residential uses or structures shall be permitted.
Furthermore, prior to the issuance of any permit for the erection of any structure or building in the area of the Town of Hamburg referred to in Subsection E(1) above and for the permitted purposes as delineated in Subsection E(1)(a) or (b) above, the application for such permit shall be referred to the Town Planning Board, which shall examine each case and recommend either approval or disapproval of the proposed structure or building based on the following criteria and objectives:
The proposed structure or building would not impede the flow of floodwater or otherwise cause damage to life or property at, above or below its location on the floodplain.
The proposed structure or building would not interfere with the maintenance of adequate drainage channels and ponding areas to carry abnormal flows of stormwater in periods of heavy precipitation.
Prior to the Town Planning Board's action to recommend either approval or disapproval, as referred to above, the Town Planning Board may refer each such case to the Town Engineering Department for review and report back to the Town Planning Board within 30 days of such referral.
§ 280-11 Certain public uses excluded.
The regulations of this chapter shall not be construed to limit or interfere with the dedication, development or use of any land or building for public parks, other public recreation areas or public schools required for compulsory education; or with the use of land or buildings owned by the State of New York, the County of Erie or the Town of Hamburg and used for governmental purposes; or with the construction, installation, operation and maintenance for public utility purposes of water or gas pipes, mains, standpipes, reservoirs or elevated water tanks, or conduits, electric light or electric power transmission or distribution lines, telephone or telegraph lines, oil pipelines, sewers, sewer mains or incidental appurtenances; or with any highway, railroad right-of-way or mass transit right-of-way existing or hereafter authorized by the State of New York, the County of Erie or the Town of Hamburg. These exceptions, however, shall not be interpreted to permit yards, garages or other buildings for service or storage by said public utilities which are otherwise permitted by this chapter in appropriate districts. Installation of standpipes, reservoirs or elevated water tanks shall be permitted only upon approval of the Town Planning Board as to location, type of structure, a effect upon adjacent properties and proximity to similar use areas. The Town Planning Board may prescribe conditions which it deems necessary or desirable and may require a site plan of the proposed installation.
§ 280-12 Prior approved permits and variances.
Building permits. Nothing contained in this chapter shall prevent the construction of a building or other structure for which a building permit has been lawfully issued and which is made nonconforming by this chapter or subsequent amendments thereto, provided that either:
Construction of the foundation shall have commenced prior to the nonconforming date and construction thereafter is diligently prosecuted; or
The Zoning Board of Appeals makes a finding that substantial expenditures have been made or substantial financial obligations have been incurred for such nonconforming building or structure prior to the nonconforming date.
Special use permits and variances. Special use permits or variances granted prior to the effective date of this chapter and which are not permitted by this chapter as of right in the district in which located shall be subject to all the conditions and limitations placed thereon, when such special permit or variance was granted, and to the provisions contained herein pertaining to nonconforming uses (see Article XLI). Any such special use permit or variance shall become null and void unless exercised within one calendar year from the effective date of this chapter.
§ 280-13 Conflict with other regulations.
In their interpretation and application, the provisions of this chapter shall be considered to be minimum requirements to implement the general goals and specific purposes of this chapter as set forth in § 280-5.
Whenever any provision of this chapter is at variance or conflict with any other provision of this chapter or any other statute, local law or regulation covering any of the same subject matter, the most restrictive provision or the one imposing the higher standard shall govern.
§ 280-14 Severability.
It is hereby declared to be the intent of the Town Board that:
If a court of competent jurisdiction finds any provision of this chapter invalid in whole or in part, the effect of such decision shall be limited to those provisions which are expressly stated in the decision to be invalid, and all other provisions of this chapter shall continue to be separately and fully in effect.
If a court of competent jurisdiction finds the application of any provision of this chapter to any building, other structure or tract of land to be invalid in whole or in part, the effect of such decision shall be limited to the person, property or situation involved in the controversy, and the application of any such provision to any other person, property or situation shall not be affected.