One of the purposes of this zoning district is to ensure a vibrant and successful business, retail, and service economy in areas of the Town of Hamburg that have higher residential density so that many of the shopping, dining, personal service, and entertainment needs of residents can be satisfied in proximity. This will better support businesses and increase safety and security in the Town of Hamburg and provide a more sustainable environment.

Another purpose of this mixed-use district is to revitalize under used existing structures or unoccupied buildings by encouraging the occupation of portions of existing buildings by residential users and the redevelopment of commercial businesses.

It is the overall intent of this district to allow the Town and property owners/businesses to develop mixed-use structures and properties to better meet the needs of the community in accordance with the Town's Comprehensive Plan.

The Mixed-Use District 1 is a floating zone (a zoning district that is created, but then only attached to a property through a specific rezoning process) that can be applied to properties through a rezoning process, or the Town Board can apply this district to areas of the Town in accordance with the Town's Comprehensive Plan. For the application process, the applicant shall submit a rezoning application, a conceptual plan of development for the property to be rezoned, and appropriate SEQR information. If the Town Board finds the application in accordance with the intent of this district and Comprehensive Plan, the Town Board will begin the rezoning process by referring it to the Planning Board in accordance with Article XLVIII of the Town Zoning Code. The final approved Plan will represent the approved uses for the site.

When the Town Board initiates rezoning of properties to this zoning district in accordance with the Town's Comprehensive Plan, when an applicant seeks to move forward with an application to develop these properties, a conceptual plan must first be submitted to the Town Board for their concurrence that the application meets the intent of the district. Once satisfied, the Town Board will send the application (site plan application) to the Planning Board for site plan review and potential approval.

If after a MU1-Mixed-Use District 1 zone is established, and the owner wishes to change the plan or change or add additional uses, a new rezoning application would need to be submitted, following the same procedure noted in Subsection A above.

Upon approval of a mixed-use zoning designation, the project will need to obtain site plan approval prior to any construction or building permit being issued.

Permitted uses. Multiple uses are permitted on each lot. The following uses are permitted in the mixed-use district:

The following is a list of uses that may also be permitted at the discretion of the Town Board in conjunction with any request to rezone to the mixed-use district or with conceptual plan review described in § 280-406.

Auto sales or service.

Landfills.

Any outdoor storage, other than enclosed dumpsters with proper screening identified on the site plan and approved by the Planning Board.

Manufactured or mobile home parks.

Outdoor solid-fuel-burning furnaces.

Truck terminals, dispatch, and transfer.

Lumberyards and coal yards.

Railroad freight yards.

Concrete products manufacture: concrete or cement mixing plants.

Asphalt plants.

Storage or manufacture of petroleum and petroleum products.

Manufacturing of abrasives.

Automobile assembly and fabrication.

Manufacture of heavy machinery.

Processing or treatment of bituminous products.

Metal casting and foundry products.

Any use permitted in a Light Industrial or General Industrial zoning district under the Town of Hamburg Zoning Code not specifically identified above.

Lot area. Lot area will be based on the size of the building, parking requirements and landscaping.

Lot width at the building line: 75 feet.

Lot coverage: maximum 85%.

Setbacks: dependent on adjoining uses and the approved plan.

To encourage a main-street-style character, there will be no minimum front setback, and new structures should be constructed abutting the front walkway or as close as possible, except:

Parking is not a permitted use and may only be constructed as an accessory use to a principal building. All efforts should be made to keep parking located entirely behind a principal building. If, due to existing conditions or site constraints, parking cannot be kept entirely behind a building, parking shall neither impede nor interfere with walkability or community character.

Redevelopment of existing commercial developments using existing parking lots shall be allowed utilizing parking along the street front if the following conditions are met:

The number of required parking spaces shall be determined by the Planning Board and incorporated into the Town Board's approval of the rezoning in accordance with the Town's zoning regulations.

Signs. For applicable general sign regulations, see Article XXXVI. The approved plan, set under the rezoning process, will officially set the specific sign requirements (compatible with the area).

Developments can be single building on an individual or multiple parcels, or multiple buildings on individual or multiple parcels.

All developments in a MU1-Mixed-Use zone shall be subject to the following standards:

Drive-throughs are prohibited except when allowed through the rezoning process and under the following conditions:

Residential and commercial uses may be located on any floor of a principal building. It is encouraged that retail and other permitted commercial uses be located on ground floors.

New buildings or additions to existing structures that are over three stories tall will be considered in the rezoning process but will be dependent upon the character of the area and adjacent uses. New buildings or additions to existing structures that are over six stories tall will typically not be allowed unless for extenuating circumstances.

Minimum clear-glass area. To ensure a sense of uniformity and create a visually appealing area, at least 75% of the first floor of the front of the principal building shall be clear glass. This 75% requirement can be modified during the rezoning process if the project contains other aesthetic features that enhance the visual impact and match the character of the surrounding area.

Principal buildings shall have and maintain the main entrance to the building on the front of the building. Rear and/or side entrances are permitted but shall not be the primary entrance.

Lots abutting residential districts shall:

It is encouraged that all additions and/or improvements to existing structures be of the same architectural style, use the same type of materials, be of the same height and width, and have the same window and door orientation as the original structure.

Landscaping shall be integrated into the development plan and the streetscape.

Pedestrian accessibility and connectivity shall be incorporated into the plan.

Incorporation of green infrastructure, Electric Vehicle charging stations, bike racks, and other sustainable designs are strongly encouraged.