The Board of Trustees of the Village of Hamburg hereby enacts and publishes the following Chapter establishing zoning regulations for the Village and providing for the enactment, administration, and amendment thereof pursuant to the provisions of NYS Village Law, Article 7.
This chapter shall be known as the "Zoning Law of the Village of Hamburg, Erie County, New York." For convenience, it is also referred to throughout this chapter as the "zoning law" or "zoning code."
A. 
The purpose of this chapter is to protect and enhance the public health, safety, sense of community, and general welfare and conserve property values throughout the Village of Hamburg.
B. 
These provisions are intended to provide for adequate light, air and convenience of access, to secure safety from fire and other hazards and to prevent undue concentration of population by regulating and limiting the height and bulk of buildings, limiting and specifying the size of yards, courts and other open spaces, controlling the density of population and regulating and restricting the location of trades, industries and buildings designed for a specific use.
C. 
Furthermore, the provisions provided herein are intended to implement the vision, goals, and recommendations as outlined in the Village of Hamburg Comprehensive Plan. This includes, but is not limited to, the following strategies for future investment:
(1) 
Continue to enhance resident quality of life and economic opportunity for local business and industry.
(2) 
Utilize sustainable development practices and green infrastructure to protect the Village's natural environment and increase community resiliency from the changing climate.
(3) 
Protect existing residential neighborhoods and strengthen residential areas at risk, especially in areas bordering commercial development.
(4) 
Continue the Village's well established and successful efforts to revitalize its commercial districts.
(5) 
Improve the character and enhance traffic calming elements along commercial corridors.
(6) 
Allow for a mixture of residential, commercial and office uses in areas consistent with the Future Land Use and Development vision.
(7) 
Establish and/or maintain logical boundaries between contrasting uses by providing adequate buffers to prevent nuisances and minimize conflicts of use.
(8) 
Protect and enhance recreational amenities as a component of neighborhood building and revitalization efforts.
(9) 
Consider how land use and roadway design decisions impact the Village's pedestrian experience, connectivity and walkability.
(10) 
Maintain or increase the number of street trees, planting strips and other permanent landscaping opportunities.
A. 
This chapter shall be in effect immediately upon adoption and publication as provided by NYS Village Law.
B. 
Except as hereinafter provided, no building, structure or premises shall be used or occupied, and no building or structure shall be erected, moved, reconstructed, extended, enlarged, altered, or demolished except in conformity with the regulations herein.
If any clause, sentence, paragraph, section, or part of this chapter be adjudged by any court to be invalid or void, such judgement shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, section, or part thereof directly involved in the controversy in which such judgment has been rendered.
A. 
In their interpretation and application, the provisions of this chapter shall be held to be the minimum requirements adopted for the promotion of the public health, community values, safety, or other general welfare. Whenever the requirements of this chapter are at variance with the requirements of any other applicable law, ordinance, regulation, or private agreement, the most restrictive, or that imposing the higher standards, shall govern.
B. 
The Village does not enforce or maintain a record of private agreements. This Zoning Chapter is not intended to interfere with, abrogate or annul any easement, covenant, deed restriction or other agreement between private parties. If the provisions of this Zoning Chapter impose a greater restriction than imposed by a private agreement, the provisions of this Zoning Chapter will control.
The effective date of this chapter shall be March 23, 2022.
A. 
Applications prior to March 23, 2022. Accepted applications that were submitted before March 23, 2022, will be reviewed wholly under the terms of this chapter.
B. 
Permits granted prior to March 23, 2022.
(1) 
Any building, development, or structure for which a building permit was issued before March 23, 2022, may be completed in conformance with the issued building permit and other applicable permits and conditions.
(2) 
If a building permit was granted prior to March 23, 2022, but construction has not commenced prior to March 23, 2022, then the construction of the building, development, or structure must be commenced within one year of the date of issuance of the building permit. If construction is not commenced within one year of the issuance of the building permit, then the building permit is revoked, and the building, development, or structure must be completed and occupied in strict compliance with the standards of this Zoning Chapter.
(3) 
Any building, development, or structure that has received all of its required Village approvals prior to March 23, 2022, but has not received a building permit prior to March 23, 2022, must obtain its building permit on or before September 30, 2022. Should any such building, development, or structure fail to obtain its building permit on or before September 30, 2022, then all of its prior Village approvals are revoked, and the building, development, or structure must be completed and occupied in strict compliance with standards of this Zoning Chapter.