Hamburg Town City Zoning Code
ARTICLE XXXV
Site Requirements for Off-Street Parking Spaces
§ 280-234 Location.
General provision. All required off-street parking spaces shall be provided on the same lot with the building or use they serve, except as provided in the following § 280-228B, Group facilities.
Group facilities. In any C, M or Mixed Use District, required off-street parking spaces may be provided in group parking facilities designed to serve two or more buildings or uses on different lots, provided that:
The total parking spaces in such group facility shall not be less than the sum of the requirements for the various uses computed separately.
All required parking spaces shall be not more than 600 feet from the boundary of the lot on which such buildings or uses are located.
§ 280-235 Setback.
[Amended 1-26-1998 by L.L. No. 1-1998; 7-7-2025 by L.L. No. 3-2025]
In any R District:
Enclosed off-street parking spaces shall be subject to the regulations for accessory buildings in Article XXXIX.
No open off-street parking space shall be permitted in a required front yard or exterior side yard.
No open off-street parking area for five or more motor vehicles shall be located within five feet of any side or rear lot line of an adjoining lot in any R District.
In any district other than residential districts or the AG Agricultural District, for all uses within those districts except community and regional shopping centers:
Unless reduced by action of the Zoning Board of Appeals upon the favorable recommendation of the Town Planning Board, no open or enclosed off-street parking space shall be permitted within 35 feet of any street line; provided, however, that no action by the Board of Appeals shall allow such off-street parking space less than 10 feet distant from any property line.
No open or enclosed off-street parking space shall be permitted within 10 feet of any side lot line or rear lot line of a lot used for residential purposes or in any R District.
In the HC District, no open or enclosed off-street parking spaces shall be permitted within 10 feet of any side lot line or 20 feet of any rear lot line of a lot used for residential purposes or in any R District.
Community and regional shopping centers. Setbacks relating to open or enclosed off-street parking spaces within the lot lines of community and regional shopping centers shall be prescribed on an individual basis by the Town Planning Board during the site plan review process for each proposed community or regional shopping center development established in Article XXXIX. During this process, consideration must be given to the special characteristics of community and regional shopping centers, including but not limited to existing proximate development, the grouping of structures, the need for large parking areas, ingress and egress, traffic circulation, buffer zones, signs, lighting, landscaping and the need for high shopper visibility from adjoining major access roads. Requirements of this section shall not be any less than those specified in Subsections A and B.
§ 280-236 Encroachment prohibited.
All areas counted as required off-street parking areas shall be unobstructed and free of other uses, except off-street loading or unloading.
§ 280-237 Guaranty of availability.
In any case where required off-street parking spaces are provided off-site in group facilities, such off-site parking spaces shall be subject to deed, lease or contract restrictions acceptable to the Town Attorney of the Town of Hamburg, binding the owner, his heirs or assigns to maintain the required number of spaces available through the life of such use.
§ 280-238 Additional requirements for open off-street parking spaces.
All open off-street parking spaces shall be considered as automotive use areas and shall be subject to the requirements of Article XXXVII in addition to the provisions of this section.