Hamburg Town City Zoning Code
ARTICLE XXXIX
Supplemental Lot Size and Open Space Regulations
§ 280-278 Lot size exception for existing small lots.
The lot width or area requirement of this chapter shall be automatically waived to permit the erection of a single-family dwelling or the restoration, enlargement (but no additional dwelling units), moving, repair or alteration of an existing single-family dwelling on any lot of record which was owned separately and individually from all other tracts of land on the effective date of this chapter or on the effective date of any subsequent amendment increasing the lot size requirements for such lot, provided that:
Such use is permitted in the district where such lot is located.
All other regulations prescribed in this chapter shall apply thereto; provided, however, that no side yard shall be less than seven feet and the total width of both side yards shall not be less than 17 feet.
The lot area is large enough for adequate sewage disposal where individual private sewage systems are employed.
§ 280-279 Front yard modification.
In all districts, except M Districts, where there are existing principal buildings on adjoining lots on each side of a parcel of land less than 100 feet in width, which buildings have a front yard setback or exterior side yard setback less than the required front yard depth of said parcel, the required front yard depth of said parcel shall equal the average setback from the street line of such existing buildings on said adjoining lots. This modification shall not permit any front yard depth less than 15 feet.
In M Districts where there are existing principal commercial or industrial buildings on adjoining lots on each side of a parcel of land less than 100 feet in width and where these buildings have a front yard setback or exterior side yard setback less than the required front yard depth, the required front yard depth of said parcel shall equal the average setback from the street line of such existing buildings on said adjoining lots.
§ 280-280 Side yard modification for corner lots.
In an R District:
On a corner lot where the rear lot line coincides with the rear lot line of the adjoining lot for a distance from the street line, the required width of the exterior side yard for any building shall equal 10% of the lot width, but need not be more than 20 feet.
On a corner lot where the rear lot line coincides with a side lot line of the adjoining lot for a distance from a street line:
The required width of the exterior side yard for buildings up to 30 feet in height shall equal 30% of the lot width, but need not exceed 40 feet and shall not be less than 18 feet.
The required width of the exterior side yard for buildings over 30 feet in height shall equal the required front yard depth of said adjoining lot, but need not exceed 40 feet.
In C, M or Mixed Use Districts:
On a corner lot where the rear lot line coincides with the rear lot line of the adjoining lot for a distance from the street line, the required width of the exterior side yard of said corner lot shall not be less than:
Other principal buildings: 30 feet when the exterior side yard abuts any R District boundary, or 10 feet in any other case.
On a corner lot where the rear lot coincides with a side lot line of an adjoining lot, the width of the exterior side yard of said corner lot shall not be less than the depth of the required front yard of said adjoining lot.
§ 280-281 Rear yard modification for through lots.
On a through lot, where the rear lot line coincides with a street line, a front yard equivalent shall be provided. The rear yard depth requirements in the district regulations shall not apply to that portion of a through lot where a front yard equivalent is required.
§ 280-282 Visibility at intersections.
In any district where a front yard of 25 feet or more is required by this chapter, no sign, fence, wall, hedge, shrub, planting, tree foliage or vehicle which obstructs vision at elevations between three and seven feet above the street level shall be placed or maintained within the triangular area formed by two intersecting right-of-way lines, as defined herein, and a line connecting points on such right-of-way lines 30 feet distant from their point of intersection. This regulation shall not apply to any necessary retaining wall or to buildings existing on the effective date of this chapter.
§ 280-283 Permitted obstructions in required open space.
None of the following uses, structures or parts of structures shall be considered as obstructions when located as specified:
In any required open space:
Access drives, parking areas and walkways for new construction shall be located no closer than five feet from any property line unless otherwise approved by the Town Engineer.
[Amended 8-4-2003 by L.L. No. 4-2003; 4-25-2022 by L.L. No. 1-2022]
A four-foot-high fence from the front of the residence forward to the street line, across the front property line to the opposite side and along such side line back to the front of the dwelling. From the front of the dwelling to the back property line, a maximum of six-foot fencing shall be permitted. (See also § 280-273 of this chapter for screening.) Barbed wire fencing is permitted on farms in the R-A Districts. Barbed wire fencing in the C-1, C-2, HC, M-1, M-2, M-3 or PUD District must be approved by the Planning Board. (Note: All barbs from chain link fences are to be placed in a downward position.)
[Amended 2-12-1996 by L.L. No. 1-1996; 1-26-1998 by L.L. No. 1-1998; 11-7-2016 by L.L. No. 7-2016]
Retaining walls of any necessary height.
Permitted signs.
Unenclosed steps or terraces extending not more than three feet above the adjoining finished grade.
Projections from a principal building as follows, provided that no projection is nearer than five feet to a side lot line:
In any required interior side yard:
Open fire escapes projecting not more than four feet into a required interior side yard, but not nearer to any side lot line than five feet.
In any rear yard, not a front yard equivalent, or in any part of an interior side yard which exceeds a required side yard:
Fence or wall not to exceed six feet in height.
Any accessory use or structure permitted in the district regulations subject to § 280-278, Limitations on obstructions in required open space.
Projections: Balconies, bay windows, nonweatherproofed porches or breezeways or attached garages, not exceeding 12 feet in height, may extend into a required rear yard for a distance not to exceed 1/3 of the required depth of such yard.
A flagpole or accessory radio or television antenna of any height, provided that such structure shall be set back from any property line a distance equal to its height.
Additional fencing requirements are as follows:
[Added 8-9-2010 by L.L. No. 6-2010]
A fence, whether of wood, chain link, stockade or any other type, shall be erected so that the smooth or finished side shall face to the outside of the premises. All fence posts shall be placed on the inside of the fence.
Each side of a painted fence shall be of one color only.
No images or language shall be painted, affixed to the outward side of any fence or directed at neighboring properties for any reason.
No fence shall be erected in such manner as to inhibit or divert the natural drainage flow or to cause the blockage or damming of surface water, creating ponding.
No fence shall be erected which may create a fire hazard or other dangerous condition or which may result in obstruction to the effective combat of fire.
Advertisement of products and/or services shall not be painted or affixed to a fence so as to constitute a sign.
Existing fences. All existing fences and other barriers which do not conform to the provisions of this chapter may be continued as they presently exist, as long as the same are not altered, extended or modified.
Dumpsters, trash containers, receptacles or garbage cans used for industrial, commercial and residential (excepting one- and two-family dwelling units) use must be enclosed and/or screened with suitable material in compliance with the provisions of this section. This requirement does not apply to temporary construction containers. Trash containers and receptacles used for one- and two-family dwelling units are regulated pursuant to Chapter 220, Solid Waste, of Town Code.
[Added 4-13-2015 by L.L. No. 3-2015]
Enclosure and screening material. In industrial, commercial and residential (excepting one- and two-family dwelling units) use, enclosures shall meet the following requirements:
Enclosure shall provide complete visual screening.
Enclosure is to be a wall or solid fence.
Materials for wall and solid fence shall be wood, masonry, metal or concrete.
Enclosure shall have gates or doors with an appropriate mechanism for holding the doors open only during garbage pickup operations. Otherwise, the gates and/or doors shall be equipped with a mechanism to keep them closed when access is not required.
Enclosure and dumpster shall sit on a concrete pad, the construction of which shall meet or exceed minimum thickness of six inches.
The height of the enclosure and/or nondeciduous plantings shall be sufficient to block the view of the garbage receptacles from the view of adjoining properties, sidewalks and/or streets, but in any event shall be no less than six feet in height.
Enclosure and/or screening shall be kept in good repair or condition, and all trash shall be kept only within the container, and lids on said container must remain completely closed at all times.
Location for dumpster; trash containers and enclosures.
Trash containers used are not permitted in the front yard. If practical difficulty in locating them in the side or rear yards can be proved to the satisfaction of the Town Planning Board, then said containers may be placed in the front yard in a manner and location acceptable to the Town Planning Board. If containers are to be placed in the front yard, then the Town Planning Board may require enclosure, and nondeciduous plantings as may be deemed appropriate.
In industrial, commercial and multifamily districts (excluding one- and two-family dwellings) use, enclosure shall not occupy a right-of-way and not be located in the required yard setback, or within eight feet of the side or rear property lines.
The Town Planning Board shall use the following criteria to access the proposed location:
Enclosure review; approval and enforcement of compliance.
The Town Planning Board will review any enclosure and/or screening as part of a site plan application, using the standards contained herein.
The Town Planning Board shall review any new enclosure and/or screening, or change to an existing enclosure and/or screening on a lot that has already received site plan review. This may be due to a change in use, building renovations or additions, or to a change in parking lot.
Upon providing a complete application to the Town to construct any new dumpster enclosure, a site plan review waiver may be issued based on specific site conditions in accordance with § 280-302 of the Town Zoning Code.
The construction of a required enclosure shall require a building permit (site plan development permit issued by the Code Enforcement Department).
Compliance for preexisting dumpsters, refuse containers, enclosures and/or screenings.
Any dumpster or refuse container in existence prior to the effective date of this section will be required to be enclosed and properly placed pursuant to the requirements of this section.
Any enclosures and/or screening for dumpsters and/or refuse containers in existence prior to the effective date of this section shall be required to comply with the requirements of this section.
To provide a more orderly system of compliance, the Town of Hamburg will send each property owner who has a preexisting dumpster, refuse container and/or enclosure/screening which now must comply with this section, a compliance notice containing the details of the review process and a blank application form.
Application requirements. The property owner shall:
Complete a one-page application form, providing property owner's name, address, names of tenants (if applicable), block and lot numbers and nature of application.
Attach to the completed application a site survey or tax map of the area showing the applicant's property and the proposed enclosure and/or screening location; a description of the enclosure's visibility to the adjoining properties, sidewalks and streets, and whether those properties are residential; drawing of the proposed enclosure and/or screening, a photograph of an enclosure or screening similar to the proposed enclosure or screening.
Upon receipt of the completed application, the Town of Hamburg shall notify the property owner of an appointment date with the Town Planning Board to review the property owner's application.
Upon providing a complete application to the Town which provides a complete description of existing dumpster enclosure, a site plan review waiver may be issued based on specific site conditions in accordance with § 280-302 of the Town Zoning Code.
If review and approval is required by the Town Planning Board, the approved application shall be forwarded to the Code Enforcement Department for follow-up inspection for compliance.
§ 280-284 Limitations on obstructions in required open space.
In any C, M or Mixed Use District: No storage, truck parking, loading or unloading or processing of any kind shall be permitted in any required yard in any C, M or Mixed Use District. This provision shall not apply to uses accessory to a permitted dwelling, but such accessory uses shall be subject to the following limitations on obstructions in required open spaces in R Districts.
In R Districts:
Accessory buildings and roofed projections shall not occupy more than 30% of a required rear yard of an interior lot nor more than 40% of a required rear yard of a corner lot.
No part of an accessory building shall be nearer than three feet to a rear or side lot line, except that, where such lot line abuts a side yard of an adjoining lot in any R District, the setback shall not be less than five feet.
Detached accessory buildings shall be at least 10 feet from any dwelling and five feet from any other building.
No detached accessory buildings shall be permitted in required front yards, and the maximum size of all accessory buildings on a property shall be as follows:
[Added 8-10-1987 by L.L. No. 12-1987; amended 6-12-1989 by L.L. No. 4-1989; 12-12-2005 by L.L. No. 5-2005; 11-28-2011 by L.L. No. 14-2011; 1-14-2013 by L.L. No. 1-2013]
For lots less than one acre in any residential zoning district: 850 square feet maximum area.
For lots greater than one acre in any residential zoning district: 1,000 square feet maximum area.
For lots greater than two acres in any residential zoning district: 1,500 square feet maximum area.
Temporary fences.
[Added 2-12-1996 by L.L. No. 1-1996]
Temporary safety fences. It is permitted to erect temporary fencing where it is specifically required in order to provide for public safety and security around construction sites or any site which exhibits potentially hazardous conditions. The fence shall be installed and maintained in a way that safely prevents unauthorized persons from entering restricted areas.
Temporary snow fences. Snow fences are permitted to be installed on a seasonal basis for the purpose of conveying drifting snow to the weather side of roadways, driveways or parking areas. This type of fence shall be placed only in locations appropriate for the control of wind blown snow and shall not adversely effect adjoining property. Snow fences are not permitted to be installed prior to November 1 and must be removed before March 31 of the following year. Snow fences installed in R-1 and R-2 Districts shall not exceed four feet in height.
Sight obstruction. It is the intent that a person requiring ingress and egress from a private driveway, alley or intersections of public right-of-way shall have a clear view of the street and sidewalk in all directions and that persons using the street or sidewalk will have a clear unobstructed view of vehicles approaching the street and that the view shall not be obstructed by fences, signage, landscaping planting, tree foliage, parked vehicles or structures which can obstruct vision at elevations between three and seven feet above the ground elevation of the driveway at the street line. This unobstructed vision clearance shall apply to the area bounded by the first 16 feet from the point of intersection of the boundary lines of the public or private rights-of-way in both directions and a line connecting the same. This unobstructed vision clearance shall also apply to where lot lines intersect street lines and when the edge of a driveway for either of the adjoining lots are within 16 feet of the lot line.
[Added 2-12-1996 by L.L. No. 1-1996]
Persons responsible for violating the provisions of this section shall be served written notice by the Supervising Building Inspector ordering correction. Failure of the property owner to comply with this directive shall be deemed an offense which is punishable by Town Law as stipulated in Article XLIII, § 280-299 of the Hamburg Code.
[Added 2-12-1996 by L.L. No. 1-1996]
§ 280-285 Minimum habitable floor area for dwelling units.
The minimum habitable floor area for all dwelling units shall be as specified in this section.
Single-family dwellings. No residential dwelling unit shall contain less than 900 square feet of habitable floor area for a one-story dwelling unit nor less than 1,200 square feet for a dwelling unit greater than one story.
Two-family dwellings. No residential dwelling unit shall contain less than 750 square feet of habitable floor space for a two-story-or-less dwelling unit and 1,000 square feet for a dwelling unit greater than two stories.
Three-or-more-family dwellings. The minimum habitable floor area for three-or-more-family dwellings shall be as follows: