Hamburg Town, NY Zoning Ordinance

Single-family detached dwellings. No clustering shall be permitted.

Churches or other places of worship or religious education, parish houses, convents, rectories or parsonages.

Fire stations without club facilities.

Private nonprofit clubs with at least a nine-hole golf course, catering exclusively to members and their guests, including accessory buildings, uses and structures which are necessary for or customary to golf course operations, provided further that no building or structure shall be less than 100 feet from any street line or any other lot in an R District.

Hospitals or institutions of a religious, charitable, rehabilitative or philanthropic nature, provided that they are not used for penal or correctional purposes. No on-site incineration is permitted and no off-street parking is allowed in front of the principal structure.

[Added 7-12-1993 by L.L. No. 6-1993]

The following uses by special use permit authorized by the Planning Board (see Article XLVI):

[Amended 7-12-1993 by L.L. No. 6-1993]

(a)

(Reserved)[1]

[1]

Editor's Note: Former Subsection A(6)(a), Wind energy conversion systems (WECS), was repealed 6-25-2007 by L.L. No. 3-2007.

(b)

Bed-and-breakfast establishments and tourist homes.

[Added 2-22-1999 by L.L. No. 3-1999]

Accessory uses and structures:

Accessory uses and structures customarily incidental to permitted principal uses.

Private garages or off-street parking spaces (see Article XXXII), including the parking of not more than one commercial vehicle, provided that the vehicle is used by the occupant of the premises, does not exceed 3/4 ton rated capacity and is stored within a completely enclosed building.

The storage of unoccupied house trailers, utility trailers or boats owned by the occupant of the premises for his personal use.

On a lot three or more acres in area, the residence of a caretaker employed on the premises and/or a guest house for occasional use by friends of the occupant of the premises, provided that such uses and buildings are located in the rear of the front setback line and do not occupy any part of a required side yard.

On a lot four or more acres in area, private horse stables for use by the occupant of the premises and his occasional guests, without compensation, provided that such uses and structures are located in the rear of the front setback line and do not occupy any part of a required side yard.

Buildings for private horticultural purposes.

(7)

Private tennis courts and/or private swimming pools, provided that any such facility is located to the rear of the front setback line and does not occupy any part of a required side yard. In the case of any private nonmovable swimming pool, such pool shall comply with applicable provisions of Chapter 232 of the Code of the Town of Hamburg.[2]

[2]

Editor's Note: See Ch. 232, Swimming Pool Code.

(8)

Satellite dish antennas, provided that they are of a dull finish and located as close to the main structure in the rear yard and as far from property lines as possible.

[Added 1-11-1993 by L.L. No. 1-1993]

(9)

Temporary structures, as defined in § 280-342 of this chapter, are permitted for a period of time not to exceed seven consecutive days.

[Added 4-10-2000 by L.L. No. 2-2000]

Unless otherwise provided, the minimum lot size in the R-E District shall be as specified in this section.

Lot area:

Twenty thousand square feet for a fire station without club facilities.

One acre for all other principal uses and structures.

Lot width at the building line:

One hundred feet for a fire station without club facilities.

One hundred fifty feet for all other principal uses and structures.

Lot width at the front lot line: 30 feet.

[Added 8-4-2003 by L.L. No. 4-2003]

Unless otherwise provided, the maximum permitted height of buildings in the R-E District shall be as specified in this section.

Single-family dwelling: 21/2 stories, not to exceed 35 feet.

Other principal buildings: as regulated by yard requirements.

Clubs: three stories, not to exceed 35 feet.

Accessory buildings: one story, not to exceed 18 feet.

Unless otherwise provided, the minimum required yards and other open spaces in the R-E District shall be as specified in this section.

Front yard: 40 feet.

Side yards: two required. Each side yard shall equal 30 feet or a distance equal to the height of the principal building, whichever is greater.

Rear yard. Except as otherwise provided, no rear yard shall have a depth of less than 50 feet.

Open space between principal buildings on a single lot. No vertical wall of a principal building shall be nearer to a vertical wall of any other principal building than a distance of 30 feet or a distance equal to the average height of such vertical walls measured from adjoining finished grade, whichever is greater.

For applicable off-street parking regulations, see Article XXXII.

For applicable sign regulations, see Article XXXVI.

For applicable supplemental regulations pertaining to use, height, area or open space, see Articles XXXVII through XXXIX.

Uses and structures permitted in the R-E District are as follows:

Principal uses and structures:

Single-family detached dwellings. No clustering shall be permitted.

Churches or other places of worship or religious education, parish houses, convents, rectories or parsonages.

Fire stations without club facilities.

[Added 7-12-1993 by L.L. No. 6-1993]

The following uses by special use permit authorized by the Planning Board (see Article XLVI):

[Amended 7-12-1993 by L.L. No. 6-1993]

(a)

(Reserved)[1]

[1]

Editor's Note: Former Subsection A(6)(a), Wind energy conversion systems (WECS), was repealed 6-25-2007 by L.L. No. 3-2007.

(b)

Bed-and-breakfast establishments and tourist homes.

[Added 2-22-1999 by L.L. No. 3-1999]

Accessory uses and structures:

Accessory uses and structures customarily incidental to permitted principal uses.

The storage of unoccupied house trailers, utility trailers or boats owned by the occupant of the premises for his personal use.

Buildings for private horticultural purposes.

(7)

[2]

Editor's Note: See Ch. 232, Swimming Pool Code.

(8)

Satellite dish antennas, provided that they are of a dull finish and located as close to the main structure in the rear yard and as far from property lines as possible.

[Added 1-11-1993 by L.L. No. 1-1993]

(9)

Temporary structures, as defined in § 280-342 of this chapter, are permitted for a period of time not to exceed seven consecutive days.

[Added 4-10-2000 by L.L. No. 2-2000]

Unless otherwise provided, the minimum lot size in the R-E District shall be as specified in this section.

Lot area:

Twenty thousand square feet for a fire station without club facilities.

One acre for all other principal uses and structures.

Lot width at the building line:

One hundred feet for a fire station without club facilities.

One hundred fifty feet for all other principal uses and structures.

Lot width at the front lot line: 30 feet.

[Added 8-4-2003 by L.L. No. 4-2003]

Unless otherwise provided, the maximum permitted height of buildings in the R-E District shall be as specified in this section.

Single-family dwelling: 21/2 stories, not to exceed 35 feet.

Other principal buildings: as regulated by yard requirements.

Clubs: three stories, not to exceed 35 feet.

Accessory buildings: one story, not to exceed 18 feet.

Unless otherwise provided, the minimum required yards and other open spaces in the R-E District shall be as specified in this section.

Front yard: 40 feet.

Side yards: two required. Each side yard shall equal 30 feet or a distance equal to the height of the principal building, whichever is greater.

Rear yard. Except as otherwise provided, no rear yard shall have a depth of less than 50 feet.

For applicable off-street parking regulations, see Article XXXII.

For applicable sign regulations, see Article XXXVI.

For applicable supplemental regulations pertaining to use, height, area or open space, see Articles XXXVII through XXXIX.

Uses and structures permitted in the R-E District are as follows:

Principal uses and structures:

Single-family detached dwellings. No clustering shall be permitted.

Churches or other places of worship or religious education, parish houses, convents, rectories or parsonages.

Fire stations without club facilities.

[Added 7-12-1993 by L.L. No. 6-1993]

The following uses by special use permit authorized by the Planning Board (see Article XLVI):

[Amended 7-12-1993 by L.L. No. 6-1993]

(a)

(Reserved)[1]

[1]

Editor's Note: Former Subsection A(6)(a), Wind energy conversion systems (WECS), was repealed 6-25-2007 by L.L. No. 3-2007.

(b)

Bed-and-breakfast establishments and tourist homes.

[Added 2-22-1999 by L.L. No. 3-1999]

Accessory uses and structures:

Accessory uses and structures customarily incidental to permitted principal uses.

The storage of unoccupied house trailers, utility trailers or boats owned by the occupant of the premises for his personal use.

Buildings for private horticultural purposes.

(7)

[2]

Editor's Note: See Ch. 232, Swimming Pool Code.

(8)

Satellite dish antennas, provided that they are of a dull finish and located as close to the main structure in the rear yard and as far from property lines as possible.

[Added 1-11-1993 by L.L. No. 1-1993]

(9)

Temporary structures, as defined in § 280-342 of this chapter, are permitted for a period of time not to exceed seven consecutive days.

[Added 4-10-2000 by L.L. No. 2-2000]

Unless otherwise provided, the minimum lot size in the R-E District shall be as specified in this section.

Lot area:

Twenty thousand square feet for a fire station without club facilities.

One acre for all other principal uses and structures.

Lot width at the building line:

One hundred feet for a fire station without club facilities.