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:
A.
Such use is permitted in the district where such lot
is located.
B.
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.
C.
The lot area is large enough for adequate sewage disposal
where individual private sewage systems are employed.
A.
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.
B.
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.
A.
In an R District:
(1)
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.
(2)
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:
(a)
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.
(b)
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.
B.
In C, M or Mixed Use Districts:
(1)
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:
(a)
Other principal buildings: 30 feet when the
exterior side yard abuts any R District boundary, or 10 feet in any
other case.
(2)
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.
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.
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.
None of the following uses, structures or parts
of structures shall be considered as obstructions when located as
specified:
A.
In any required open space:
(1)
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]
(2)
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]
(3)
Retaining walls of any necessary height.
(4)
Permitted signs.
(5)
Unenclosed steps or terraces extending not more than
three feet above the adjoining finished grade.
(6)
Projections from a principal building as follows,
provided that no projection is nearer than five feet to a side lot
line:
B.
In any required interior side yard:
(1)
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.
C.
In any rear yard, not a front yard equivalent, or
in any part of an interior side yard which exceeds a required side
yard:
(1)
Fence or wall not to exceed six feet in height.
(2)
Any accessory use or structure permitted in the district regulations subject to § 280-278, Limitations on obstructions in required open space.
(3)
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.
(4)
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.
D.
Additional
fencing requirements are as follows:
[Added 8-9-2010 by L.L. No. 6-2010]
(1)
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.
(2)
Each
side of a painted fence shall be of one color only.
(3)
No
images or language shall be painted, affixed to the outward side of
any fence or directed at neighboring properties for any reason.
(4)
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.
(5)
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.
(6)
Advertisement
of products and/or services shall not be painted or affixed to a fence
so as to constitute a sign.
(7)
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.
E.
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]
(1)
Enclosure and screening material. In industrial, commercial
and residential (excepting one- and two-family dwelling units) use,
enclosures shall meet the following requirements:
(a)
Enclosure shall provide complete visual screening.
(b)
Enclosure is to be a wall or solid fence.
(c)
Materials for wall and solid fence shall be wood, masonry, metal
or concrete.
(d)
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.
(e)
Enclosure and dumpster shall sit on a concrete pad, the construction
of which shall meet or exceed minimum thickness of six inches.
(f)
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.
(g)
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.
(2)
Location for dumpster; trash containers and enclosures.
(a)
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.
(b)
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.
(c)
The Town Planning Board shall use the following criteria to
access the proposed location:
(3)
Enclosure review; approval and enforcement of compliance.
(a)
The Town Planning Board will review any enclosure and/or screening
as part of a site plan application, using the standards contained
herein.
(b)
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.
(c)
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.
(d)
The construction of a required enclosure shall require a building
permit (site plan development permit issued by the Code Enforcement
Department).
(4)
Compliance for preexisting dumpsters, refuse containers, enclosures
and/or screenings.
(a)
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.
(b)
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.
(c)
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.
(d)
Application requirements. The property owner shall:
[1]
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.
[2]
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.
[3]
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.
(e)
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.
(f)
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.
A.
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.
B.
In R Districts:
(1)
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.
(2)
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.
(3)
Detached accessory buildings shall be at least 10
feet from any dwelling and five feet from any other building.
(4)
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]
(a)
For lots less than one acre in any residential zoning district:
850 square feet maximum area.
(b)
For lots greater than one acre in any residential zoning district:
1,000 square feet maximum area.
(c)
For lots greater than two acres in any residential zoning district:
1,500 square feet maximum area.
C.
Temporary fences.
[Added 2-12-1996 by L.L. No. 1-1996]
(1)
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.
(2)
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.
D.
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]
E.
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]
The minimum habitable floor area for all dwelling
units shall be as specified in this section.
A.
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.
B.
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.
C.
Three-or-more-family dwellings. The minimum habitable
floor area for three-or-more-family dwellings shall be as follows:
