Hamburg Town City Zoning Code
ARTICLE XXXVII
Supplemental Use Regulations
§ 280-270 Temporary structures or uses.
The following temporary structures shall be deemed to be permitted uses in all zoning districts:
Temporary structures or uses incidental to construction work, including a nonilluminated sign not exceeding 12 square feet in area, of any contractor, engineer or architect shall be permitted for a period of time not to exceed one year, provided that any such structure shall be removed forthwith upon the completion or abandonment of the construction work. Any extension of said time limit shall require the approval of the Zoning Board of Appeals.
The temporary use of a dwelling as a model home shall be permitted for a period of time not to exceed nine months. Any extension of said time limit shall require the approval of the Zoning Board of Appeals.
§ 280-270.1 Recreation space for multifamily uses.
[Added 6-25-2012 by L.L. No. 2-2012]
For all multifamily dwellings or condominiums, there shall be provided on the development site an area or areas devoted to the joint or common recreational use by residents thereof. Such recreation space shall consist of not less than 500 square feet of space per dwelling unit. Each recreation space shall be developed for passive and active recreation purposes and shall include the facilities normally attendant thereto.
The recreation space required in the previous subsection of this section is typically for the use of solely the residents of the proposed development. The new residents of the proposed development will also be utilizing and impacting the recreational needs and facilities of the Town. As with subdivisions proposed in the Town, the applicant will also need to consider the dedication of lands to the Town to accommodate the needs of the residents of the area and the new residents of the proposed development. The required public recreational lands for multifamily development projects shall be 5% of the total acreage of the development.
[Added 6-24-2020 by L.L. No. 6-2019]
§ 280-271 (Reserved) [1]
[1]
Editor's Note: This section, formerly § 280-155, Filling stations, gasoline service stations and public garages, was repealed 6-14-1999 by L.L. No. 5-1999.
§ 280-272 Automotive use areas.
Except for farms, any portion of a lot used for open off-street parking or reservoir space or for open sales, service or storage areas for motor vehicles, contractors' equipment or boats shall be deemed to be an "automotive use area" and shall be subject to the following requirements:
Surfacing. Every automotive use area and access driveway thereto shall be surfaced with a durable and permanent material (concrete, asphalt or similar materials) and shall be graded and drained so as to dispose of surface water accumulation.
Lighting. Any fixture used to illuminate any automotive use area shall be so arranged as to direct the light away from the street and away from any adjoining premises.
Screening. Every automotive use area, except off-street parking areas for less than five vehicles, shall be screened from any adjoining lot in any R District, including lots situated across the street, as follows:
Along a street line, by a planting strip of natural vegetation five feet wide; provided, however, that no shrub planting or tree foliage shall be placed or maintained which obstructs vision at an elevation between three feet and seven feet above the street level. Such screening may be interrupted by normal entrances and exits.
Along a rear lot line or an interior side lot line which abuts an existing or future rear yard or side yard on such adjoining lots, by a compact evergreen hedge which will reach a height of five feet within three years or by a solid uniformly painted fence or an unpierced masonry wall five feet in height. Such screening shall be maintained in good condition at all times.
Plastic or other types of artificial plantings or vegetation shall be prohibited.
Access.
No entrance or exit to any automotive use area shall be permitted within 30 feet of any intersecting street lines, and, except for off-street parking areas for uses permitted in any R District requiring less than 10 parking spaces, no entrance or exit shall be permitted within 20 feet of a lot in any R District.
Access to automotive use areas, except for off-street parking areas in an R District for less than five vehicles, shall be approved by the Town Highway Superintendent and shall be so arranged that vehicles shall not be required to back into a street.
Restriction on use. No automotive use area shall be used for auto wrecking or for the storage of wrecked, partially dismantled or junked vehicles or equipment or motor vehicles which do not qualify for New York State motor vehicle registration.
§ 280-273 Lots divided by district boundaries.
Where a lot is divided by any zoning district boundary so as to be in more than one zoning district and where such lot was an existing lot when such district boundary was established, a conforming use, occupying 50% or more of the area of said lot and having street frontage in the district where permitted, may be extended on such lot not more than 25 feet, measured perpendicular to the district boundary, into any district where such use is not permitted.
Such use shall be subject to all regulations applicable to the district where permitted.
§ 280-274 Lot frontage on street required for dwellings.
No dwelling shall be erected on any lot which lot does not have immediate frontage on a street as defined in this chapter.
§ 280-275 Screening of service entrances in C, M or Mixed Use Districts.
Where a loading or unloading platform or any service entrance in a C, M or Mixed Use District faces any lot line which coincides with any R District boundary, such platform or service entrance shall be effectively screened from such R District in a manner approved by the Town Planning Board.
§ 280-276 Adult uses.
Purpose. It is recognized that buildings and establishments operated as adult uses have serious objectionable operational characteristics. In order to promote the health, safety and general welfare of the residents of the Town of Hamburg, this section is intended to restrict adult uses to nonresidential, nonbusiness and noncommercial areas of the Town of Hamburg and otherwise regulate their operation. Moreover, in light of the fact that the operational characteristics of adult uses increase the detrimental impact on a community when such uses are concentrated, this section is intended to promote the health, safety and general welfare of the residents of the Town of Hamburg by regulating the concentration of such uses.
Definitions. As used in this section, the following terms shall have the meanings indicated:
An establishment or business, whether retail or wholesale, having as a substantial or significant portion of its stock-in-trade, books, magazines and other periodicals, films and viewing materials for sale or viewing on the premises, by use of motion picture devices or any coin-operated means, which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas or an establishment or business containing a segment or section devoted to the sale or display of such material.
An establishment or business where an adult male or female exposes parts of their body identified in specified anatomical areas.
An enclosed or unenclosed building or structure or portion of a building or structure used for presenting materials having as a dominant theme material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas for observation by patrons therein.
Any establishment or business involved in the dissemination of material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas, including but not limited to adult bookstores, adult live entertainment and adult motion-picture theaters.
Any establishment having a fixed place of business where body rubs, sports rubs, hot oil body rubs, body shampoos or similar services are administered. This definition shall not be construed to include a hospital, bona fide medical or health establishment, nursing home or medical clinic or the office of a physician, surgeon, chiropractor, osteopath, duly licensed physical therapist, licensed massage therapist (as defined in the provisions of NYS Board of Regents Law Article 155) or barbershops, beauty shop and beauty salons in which massages are administered only to the scalp, face, neck or shoulder as required for beautification purposes only.
[Added 4-28-1997 by L.L. No. 3-1997]
Any commercial enterprise, association or arrangement for profit.
The transfer of possession, custody, control or ownership of or the exhibition or presentation of any performance to a customer, member of the public or business invitee of any material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.
Any person, firm, partnership, corporation, association or legal representative, acting individually or jointly.
In a sole proprietorship, an individual who owns, operates, controls or conducts, directly or indirectly, any premises, building or location upon which any adult use takes place.
In a partnership, limited or general, an individual who shares in any potential profits or losses of the business or who shares in the ownership of any of the assets of the partnership business.
In a corporation, an individual who is an officer, director or a holder, either directly, indirectly or beneficially, of more than 20% of any class of stock.
Any person who furnishes more than 20% of the capital financing or assets of such business, whether in cash, goods or services.
Restrictions affecting adult uses. In addition to the other requirements of this chapter and the Code of the Town of Hamburg, adult uses shall be permitted, subject to the following restrictions:
No adult use shall be allowed within 1,000 feet of another existing adult use.
[Amended 4-28-1997 by L.L. No. 3-1997]
No adult use shall be located within 1,000 feet of the boundaries of any zoning district which is zoned for residential use.
[Amended 4-28-1997 by L.L. No. 3-1997]
No adult use shall be located within 1,000 feet of a preexisting school or place of worship, day-care centers or playgrounds.
[Amended 4-28-1997 by L.L. No. 3-1997]
No adult use shall be located in any zoning district except in the M-3 General Industrial District.
Registration. No person, firm, corporation or other entity shall lease, rent, maintain, operate, use or allow to be operated or used any business or establishment, any part of which contains an adult use, without first complying with the provisions of this subsection as follows:
In addition to any and all other necessary licenses and permits, no form of adult use shall be allowed to operate or be allowed to continue to operate until a certificate of registration is filed with the Clerk of the Town of Hamburg, containing:
The address of the premises.
The name and address of the owner(s) of the premises and the name and address of the beneficial owner(s) if the property is in a land trust.
The name of the business or the establishment subject to the provisions of this section.
The names, business and home addresses and business or home phone numbers of all owners of the business or establishment subject to the provisions of this section.
The names, business and home addresses and business or home phone numbers of all those persons having a substantial connection with the business or establishment subject to the provisions of this section.
The date of the initiation of the adult use.
The exact nature of the adult use.
If the premises or the building in which the business containing the adult use is located is leased, a copy of the lease.
If there occurs any change in the formation required for the certificate of registration, the Clerk of the Town of Hamburg shall be notified of such change, and a new or amended certificate shall be filed within 30 days of such change.
The processing fee for each such certificate of registration or amendment thereto shall be $500.
[Amended 4-28-1997 by L.L. No. 3-1997]
A licensing fee in the amount of $500 per year shall be required of each and every business and/or establishment as defined under this section.
[Added 4-28-1997 by L.L. No. 3-1997 [1]]
[1]
Editor's Note: This local law also redesignated former Subsection C(4), (5), (6) and (7) to become Subsection C(5), (6), (7) and (8).
No certificate of registration issued under the provisions of this section shall be transferable to any person other than the registrant, nor shall a certificate of registration be transferable for use at any premises, building or location other than stated in the certificate of registration.
The owner or manager of any adult use shall cause a copy of the certificate of registration issued under the provisions of this section to be prominently displayed on the premises, building or location for which it is issued.
[Amended 4-28-1997 by L.L. No. 3-1997]
Any knowingly false statement or any statement which the registrant or applicant should reasonably have known to be false which is provided in the certificate of registration, license or any document or information supplied therewith shall be grounds for the rejection, suspension or revocation of the certificate of registration.
[Amended 4-28-1997 by L.L. No. 3-1997]
It is a violation of this chapter for the owner or person in control of any property to establish or operate thereon or to permit any person to establish or operate an adult use without having in force a certificate of registration and current valid license complying with this section.
[Amended 4-28-1997 by L.L. No. 3-1997]
The Town of Hamburg Police Department and Building Inspector Department shall be authorized to inspect and enforce all provisions of this article.
[Added 4-28-1997 by L.L. No. 3-1997]
Prohibition regarding public observation. No adult use shall be conducted in any manner that permits the observation of any material depicting, describing or relating to specified sexual activities or specified anatomical areas from any public way or from any property not registered as an adult use. This provision shall apply to any display, decoration, sign, show window, screen or other opening.
Amortization. In all districts, except as provided in this chapter, any adult use shall terminate not later than one year after the effective date of the local law enacting this section, and thereafter the space or premises or building formerly occupied by such use shall be used only for a conforming use.
§ 280-276.1 Home occupations and businesses.
[Added 11-14-2011 by L.L. No. 11-2011]
Definitions. For the purposes of this chapter, the following words shall have the meaning indicated unless the context clearly requires otherwise:
All activities, occupations, callings, trades, pursuits, or professions located or engaged in within the Town with the object of gain, profit, benefit or advantage. Each business location shall be deemed a separate business unless it is a specific annex to the main location of the business.
Any person employed at any business location within the Town, and any person furnishing or performing services within the Town. It shall include all persons who are self-employed and shall include part-time employees.
Commencing, conducting, or continuing in any business or occupation, the exercise of corporate and franchise powers, and the liquidating of a business, where the liquidators hold themselves out to the public as conducting such business, when he does one act of:
Selling any goods or performing any services.
Soliciting business or offering or holding out goods or services for sale or hire.
Acquiring or using any vehicle or any premises in the Town for business purposes.
Delivery of any goods, either at wholesale or retail, unless licensed under another section of this Code.
A lawful activity commonly carried on within a dwelling by a member or members of the family who occupy the dwelling where the occupation is secondary to the use of the dwelling for living purposes and the residential character of the dwelling is maintained.
All lands, structures, places, and equipment, and appurtenances connected or used therewith in any business, and also any personal property, including any vehicle which is either affixed to or is otherwise used in connection with any such business conducted on said premises
Intent and purpose.
The home occupations and businesses regulations seek to balance the need of some individuals to work at home with rights of other individuals to enjoy the residential character of their neighborhood and their private property. Further, the purpose of the section is to protect the health, safety, and welfare of the neighborhood residents and the preservation of the neighborhood as a comfortable place for the people who live there.
It is also the intent and purpose of this section to provide for certain types of restricted occupational uses within residential districts. Only such uses will be allowed which:
Permit procedures. Home occupations complying with the standards established in Subsection D shall be considered minor in character and permitted by right with no permit required. Home businesses or those occupations that operate under the standards established in Subsection E may not commence until receipt of a home business permit.
Home occupation standards. Home occupations shall be permitted in all residential zoning districts. The following regulations shall apply to all home occupations:
The home occupation shall be clearly incidental and secondary to the use of the dwelling. No additions or alterations of the dwelling unit or lot shall be permitted that change the residential appearance of the premises. No separate entrance or driveway shall be permitted for the home occupation.
The home occupation shall be conducted entirely within the principal dwelling unit. No home occupation or any storage of goods, materials, or products connected with a home occupation shall be allowed outdoors or in accessory buildings or carports, whether detached or attached to the principal dwelling unit. Window displays shall not be utilized.
No person other than a resident of the dwelling shall work on premises. The dwelling unit must be the primary and legal place of residence for the owner of the home occupation. "Owner" of the home occupation is defined as an individual, not a partnership or corporation, who has sole ownership of 51% or more of the stock, assets, or value of the home occupation. Renters shall provide written evidence of owner approval for a home occupation with their application.
The home occupation shall not be open to the public or receive deliveries earlier than 8:00 a.m. or later than 8:00 p.m., routine residential-type carriers, such as the USPS, UPS, and/or FedEx, excepted.
A home occupation shall produce no offensive noise, vibration, smoke, dust, odors, or heat. No equipment or process shall be used in a home occupation which creates visual or audible electrical interference in any radio or television receiver off the premises or which causes fluctuations in line voltage off premises.
Toxic, explosive, flammable, combustible, corrosive, radioactive, or other restricted materials, if any, shall be used, stored and disposed of in accordance with the International Fire Code and the National Fire Protection Association Life Safety Code. Activities conducted and material/equipment used shall not be of a nature to require the installation of firesafety features not common to residential uses.
One business vehicle may be used for the home occupation in addition to any personal vehicles used by members of the household employed in the home occupation. No vehicle used for the home occupation shall be larger than a noncommercial van or pickup truck.
All parking associated with the home occupation must be in the driveway where the home occupation is located. No parking shall be permitted in the street or yard. No shared parking is permitted associated with any home occupation.
No more than 12 client vehicles shall visit the premises of the home occupation per day.
Deliveries to the home occupation shall be made by passenger vehicles, mail carriers, or step vans (UPS, Federal Express) and must not restrict traffic circulation.
No advertising shall identify the location of a home occupation to the general public (example: bulk or mass advertising and signage). Business cards, letterhead, business listings, etc., are excluded.
More than one home occupation may be permitted in a single residence. The above limitations shall apply to the combined uses.
No more than 35% of the gross floor area of the principal dwelling unit may be used for home occupation(s). There is no restriction placed upon the usable area within an accessory structure, provided that no other activity besides inside storage and/or minor assembly activity is occurring and general standards relating to maintaining residential character can still be met.
Home business standards. Home businesses shall be allowed in all single-family residential zones. All home businesses must comply with the following regulations:
The home business shall be clearly incidental and secondary to the use of the dwelling. No additions or alterations of the dwelling unit or lot shall be permitted that change the residential appearance of the premises. A separate entrance or driveway shall be permitted for the home business, provided that it is on the side or rear of the unit.
The home business shall be conducted entirely within the principal dwelling unit and/or in a properly permitted, approved, and fully enclosed accessory building. The accessory structure may not exceed 750 square feet and must be of similar construction, architecture, and materials to the main dwelling unit.
No exterior storage or display of any materials or equipment associated with the home business shall be permitted. Window displays shall not be utilized.
The home business shall not be open to the public or receive deliveries earlier than 8:00 a.m. or later than 8:00 p.m., routine residential-type carriers, such as the USPS, UPS, and/or FedEx, excepted.
A home business shall produce no offensive noise, vibration, smoke, dust, odors, or heat. No equipment or process shall be used in a home business which creates visual or audible electrical interference in any radio or television receiver off the premises or which causes fluctuations in line voltage off premises.
Toxic, explosive, flammable, combustible, corrosive, radioactive, or other restricted materials, if any, shall be used, stored and disposed of in accordance with the International Fire Code and the National Fire Protection Association Life Safety Code. Activities conducted and material/equipment used shall not be of a nature to require the installation of firesafety features not common to residential uses.
On-premises employees shall be limited to residents of the dwelling unit plus two additional employees. The dwelling unit must be the primary and legal place of residence for the owner of the home business. "Owner" of the home business is defined as an individual, not a partnership or corporation, who has sole ownership of 51% or more of the stock, assets, or value of the home business. Renters shall provide written evidence of owner approval for a home business with their application.
Parties for the purpose of selling merchandise or placing orders may be held no more than two times per month and must be limited to 10 customer vehicles. The parties shall not be advertised to the general public.
All parking associated with the home business must be on a hard-surface, dust-free area, such as the driveway. An additional parking area may be created in the side or rear yard for up to three additional parking spaces. The parking area must be constructed of concrete, asphalt, or pavers as approved by the Planning Department and must not detract from the residential character or visual appearance of the property. The parking area must be approved by the Planning and Development Department prior to installation. On-street parking is permitted, provided that it does not create a traffic hazard.
There shall be no more than three client vehicles on the premises during any period of 60 minutes. An exception shall be made during sales parties, recitals, etc., provided that these events are held no more than two times per month and for child care facilities.
Deliveries to the home business shall be made by passenger vehicles, mail carriers, or step vans (UPS, Federal Express) and must not restrict traffic circulation.
No advertising shall identify the location of a home business to the general public (example: bulk or mass advertising and signage). Business cards, letterhead, business listings, etc., are excluded.
More than one home business may be permitted in a single residence. The above limitations shall apply to the combined uses.
The following uses shall be permitted as home businesses:
Any use permitted as a home occupation.
Barbershop beauty shop.
Painters, masons, or plumbers.
Landscape maintenance.
Television or other small electrical repairs, excluding major appliances (i.e. washers, dryers, refrigerators, televisions larger than 36 inches, etc.)
Upholstering.
Woodworking and furniture restoration.
Prohibited uses. The following uses shall be prohibited as home occupations or businesses:
Ambulance service.
Major appliance repair (except when working at customers' homes).
Automotive detailing, washing services (except when working at customers' homes).
Automotive repair, body work, painting, upholstery, etc.
Dance or aerobic exercise studios, martial art studios, etc.
Firewood sales.
Kennels.
Massage parlors.
Medical or dental laboratory.
Palm-reading, fortune telling.
Small engine repair.
Tow truck services.
Veterinary uses, including grooming or boarding (except when working at clients' homes).
Funeral homes.
Adult uses.
Other uses. Any use not listed in Subsection D or E shall require a classification of use request. Such request shall address a specific use in detail and how it conforms to the standards as set forth in this section. The Code Enforcement Officer shall decide classification of use requests based upon the standards contained in this section. Anyone aggrieved by a decision of the Code Enforcement Officer on the classification of use request may appeal to the Zoning Board of Appeals.
General provisions.
Home business permits shall be valid for one year and shall expire December 31 of each year. Failure to obtain the permit by this deadline shall be grounds for the Town to revoke the home business permit.
The Town Board shall establish the annual fee for the home business permit.
The home business permit shall be subject to initial issuance and renewal by the Code Enforcement Officer. All provisions of this section must be satisfied before the permit can be issued and/or renewed.
It is unlawful to violate the provisions and requirements of this section. The Code Enforcement Officer, or his/her designee, shall have the right at any time, upon reasonable request, to enter and inspect the premises covered by the home business permit for safety and compliance purposes. Any person and/or business who violates this section or fails to comply with its requirements shall, upon conviction, be punished either by a fine not to exceed $1,000 per day, or by a sentence of imprisonment not to exceed 60 days in jail, or both a fine and jail or work alternate. Each day that a violation continues after due notice has been served shall be considered a separate offense. Additionally, the Town shall have the right to revoke the home business permit for violation(s) of this section.
Sunset clause;. It is understood that all home businesses in existence prior to the adoption date of this chapter are in violation of the Zoning Ordinance unless the home business was previously granted by temporary use permit or conditional use permit. Those home businesses operating without those specific permits are hereby required to obtain the necessary Home Business permit no later than March 31, 2012.