The language of the zoning law must be read literally. Regulations are no more or less strict than stated. Words defined in Article 51 have the specific meaning assigned, unless the context expressly indicates another meaning. Words that are not defined in Article 51 have the meaning given in the latest edition of Merriam-Webster's Unabridged Dictionary.
A.
Words used in the singular include the plural. The reverse is also
true.
B.
Words used in the present tense include the future tense. The reverse
is also true.
C.
The words "must," "will," "shall" and "may not" are mandatory.
D.
The word "may" is permissive, and "should" is advisory, not mandatory
or required.
E.
The statements, "up to X," "not more than X," and "a maximum of X,"
all include X.
F.
The word "lot" shall include "plot" or "parcel."
G.
The word "occupied" shall include "designed or intended to be occupied."
H.
The word "used" shall include the words "arranged," "designed," or
"intended to be used."
I.
The word "person" shall mean a person, firm, or corporation or the
plural of those words.
Unless the context otherwise clearly indicates, conjunctions
have the following meanings:
The following rules apply to factional number unless otherwise
expressly stated.
A.
Minimum requirements. When a regulation is expressed in terms of
a minimum requirement, any fractional result of 0.5 or more must be
rounded up to the next consecutive whole number. For example, if a
minimum requirement calling for one tree to be provided for every
30 linear feet of frontage is applied to a fifty-foot dimension, the
resulting fraction of 1.67 is rounded up to two required trees.
B.
Maximum limits. When a regulation is expressed in terms of maximum
limits, any fractional result will be rounded down to the next lower
whole number. For example, if a maximum limit of one dwelling unit
for every 5,000 square feet is applied to a 12,500 square foot lot,
the resulting fraction of 2.5 is rounded down to 2 (allowed dwelling
units).
All references to other village, county, state, or federal regulations
in the zoning law refer to the most current version and citation for
those regulations, unless expressly indicated otherwise. When the
referenced regulations have been repealed and not replaced by other
regulations, zoning law requirements for compliance are no longer
in effect.
Unless otherwise expressly indicated, lists of items or examples
that use "including," "such as," or similar terms are intended to
provide examples only. They are not to be construed as exhaustive
lists of all possibilities.
For the purpose of this chapter, certain terms or words used
herein shall be interpreted or defined as follows:
Applied to a building, structure, or use (except for accessory
dwelling unit) that:
Is customarily incidental and subordinate to and serves a principal
building or use;
Is subordinate in area, extent, or purpose to the principal
building or use served;
Contributes to the comfort, convenience, or necessity of occupants
of the principal building or use; and
Is located on the same parcel as the principal building or use.
A second, subordinate dwelling unit that is:
Contained within the existing primary single-family dwelling
unit;
An addition to the existing primary single-family dwelling unit;
An adaptive reuse of an existing detached accessory structure
such as a barn, carriage house, or garage on the same parcel as the
primary dwelling unit; or
Designed into new construction of a single-family dwelling unit.
These definitions are to include any type of business or
combination of businesses where specified anatomical areas are displayed
or specified sexual activities are encountered.
ADULT BOOKSTOREAn establishment or business, whether retail or wholesale, having 25% or more of its gross income from the sale or rental of, or utilizes 25% or more of its retail selling area for books, magazines and other periodicals, films and viewing materials for sale or viewing on premises by use of motion-picture devices or any coin-operated means, including videotapes and props and toys, which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.
ADULT CABARETA business enterprise which serves food or beverages for consumption on the premises, with or without carry-out service, which features entertainers or waiters and/or waitresses who display any specified anatomical area or who depict, describe or simulate specified sexual activities.
ADULT ENTERTAINMENT CABARETA public or private establishment which presents topless dancers, strippers, male or female impersonators or exotic dancers, or other similar entertainments.
ADULT MOTION-PICTURE THEATERAn enclosed building or structure, or portion of a building or structure, used for presenting materials having as a dominant theme material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas for observation by patrons therein.
ADULT USEAn adult bookstore, adult cabaret, adult entertainment cabaret, adult motion-picture theater, massage establishment, body-rub establishment, peep show or any other business(es) where specified anatomical areas are displayed or specified sexual activities are encountered.
BODY-RUB ESTABLISHMENTAny establishment having a fixed place of business where body rubs are administered for pay.
MASSAGEA method of treating the external part of the human body by rubbing, stroking, kneading or vibrating with the hand or any instrument or any other treatment or manipulation of the human body, which occurs as part of or in connection with specified sexual activities or where any person providing such treatment, manipulation or service related thereto, exposes his or her specified anatomical areas.
MASSAGE ESTABLISHMENTAny business where body rubs, body shampoos, massages (as defined above) or similar services are administered. This definition shall not include persons licensed or authorized pursuant to Article 155 of the Education Law, or specifically exempt from Article 155 of the Education Law (see Education Law § 7800 et seq.). This definition shall not be construed to include a hospital, nursing home or medical clinic or the office of a physician, surgeon, chiropractor, osteopath or duly licensed physical therapist or barbershops or beauty salons in which massages are administered only to the scalp, face, neck or shoulders. This definition also shall exclude health clubs which have facilities for physical exercise, such as tennis courts, racquetball courts or exercise rooms, and which do not receive their primary source of revenue through the administration of massages. Such establishments are not prohibited, provided they have a duly licensed or authorized person pursuant to Article 155 of the Education Law, or are specifically exempt from Article 155 of the Education Law.
PEEP SHOWSA theater which presents material in the form of live shows, films or videotapes viewed from an individual enclosure for which a fee is charged and which is not open to the public generally.
In a sole proprietorship, an individual who owns, operates,
controls or conducts, directly or indirectly, any premises, building
or location upon which any adult use takes place.
In a partnership, limited or general, an individual who shares
in any potential profits or losses of the business or who shares in
the ownership of any of the assets of the partnership business.
In a corporation, an individual who is an officer, director
or a holder, either directly, indirectly or beneficially, of more
than 20% of any class of stock.
Any person who furnishes more than 20% of the capital financing
or assets of such business, whether in cash, goods or services.
As applied to a building or structure, a change or rearrangement
in this structural parts or in the exit facilities; or an enlargement,
whether by extending on a side or by increasing in height; or moving
from one location or position to another. The term "alter," in its
various modes and tenses and its participle form, refers to the making
of an alteration.
A commercial operation that provides grooming services for
domesticated animals and pets that customarily reside and are cared
for within a residential dwelling.
A property owner or agent of a property owner who has filed
an application for a land development activity as defined herein.
Favorable decision to an application that indicates acceptance
and the terms of the application, as written or modified, are satisfactory.
Includes both approval and approval with conditions.
Any portion of the outer surface of a structure, including
the kind, color and texture of the building material, the type and
style of all windows, doors, lights, signs, walls, fences, awnings,
canopies, screens, sculptures, decoration, roof shape and materials,
and other fixtures appurtenant to a structure. Also referred to as
"architectural detail."
The Architectural Review Committee of the Village of Hamburg,
New York, as established by this chapter.
A multiunit residence building (or buildings) designed for
and restricted to the housing of persons, each of whom is at least
55 years of age, and in which personal and health-related services
(such as congregate meals, housekeeping, homemaking, transportation,
social activities, personal care and supervision) are provided to
residents. An assisted-living facility must be licensed by the NYS
Department of Health as an "adult home" or as a provider of "enriched
housing" services or dementia care.
A roof-like protective cover of canvas or other flexible
material over a door, entrance, window or outdoor service area that
projects from the facade of a structure.
An establishment where beverages, beer, wine, and/or liquor
are sold to the public for consumption on the premises. Such a use
shall include a minimum food preparation area and menu that satisfies
the NYS Liquor Authority's minimum food requirement, where applicable.
Also referred to as a "bar."
An owner-occupied residence wherein lodging and/or meals
are provided to transient guests for compensation.
The length of a street between two intersections or between
an intersection and its termination.
An enclosed building for the manufacture, processing, bottling,
and packaging of malt liquors, such as beer and ale, but not to include
distilled liquors.
A unit of land, together with a specified type and amount
of planting and/or fencing thereon, which may be required to eliminate
or minimize conflicts between land uses. Also referred to as "screening."
A combination of any materials, whether portable or fixed,
having a roof, to form a structure affording shelter for persons,
animals or property. The word "building" shall be construed, when
used herein, as though followed by the words "or part or parts thereof,"
unless the context clearly requires a different meaning.
The area measured from the exterior of the foundation walls,
exclusive of attached garages, porches, terraces, breezeways and cellars.
The vertical distance measured from the average elevation
of the proposed finished grade at the front of the building to the
highest point on the roof for flat roofs, to the deck line of mansard
(a roof with a double pitch on all sides) roofs and to the mean height
between the eaves and ridge for gable, hip and gambrel roofs.
A line parallel to the front lot line, drawn through that
point or projection of a building face which is closest to the front
lot line; provided, however, that where side lot lines are not perpendicular
to the front lot line, then the front building line shall be the shortest
line drawn through that point or projection of a building face which
is closest to the front lot line and perpendicular to either side
lot line. The building face shall include any portion of the building
or structure, enclosed or unenclosed, except steps.
A line parallel to the rear lot line, drawn through that
point or projection of a building face which is closest to the rear
lot line; provided, however, that where side lot lines are not perpendicular
to the rear lot line, then the rear building line shall be the shortest
line drawn through that point or projection of a building face which
is closest to the rear lot line and perpendicular to either side lot
line. The building face shall include any portion of the building
or structure that is enclosed. On a through lot, the rear building
line shall be determined on the opposite side of the principal building
from the street where the property is addressed.
A line along the edge of a building face which is closes
to the side lot line that extends to the front lot line and rear lot
line and is generally parallel to the side lot line.
The size and scale of buildings and nonbuilding uses and
the physical relationship of their size and scale in relation to the
lot on which they are located. Bulk requirements include, but are
not limited to, building height, building footprint, and lot coverage.
The measurement of the size in inches of the diameter of
small trees (under six inches), usually measured at six inches above
grade. Trees greater than six inches in diameter are measured 12 inches
above the ground. This measurement is generally used for tree-planting
measurement applications.
A story partly underground and having more than one-half
of its clear height below the average level of the adjoining ground.
A cellar shall not be considered in determining the permissible number
of stories.
The atmosphere or physical environment that is created by
the combination of land use and buildings within an area. "Character"
is established and influenced by land use types and intensity, traffic
generation and also by the location, size and design of structures
as well as the interrelationship of all these features.
See "social club."
The Code Enforcement Officer of the Village of Hamburg, New
York, as designated by this chapter.
Any message where the primary purpose is the commercial advertisement
or promotion of a commercial product, event, or service (including
content on an Internet website operated for a commercial purpose).
An occupation, employment, enterprise or establishment that
is conducted for profit by the owner, lessee or licensee. This shall
include but not be limited to retail, wholesale, business, administrative
and other activities.
Having a pleasing or congruent arrangement of elements in the
design and/or appearance between two or more attributes of a structure;
Having a pleasing or congruent arrangement of elements in the
design and/or appearance between two or more structures;
Having a pleasing or congruent arrangement of elements in the
design and/or appearance between two or more attributes of a neighborhood;
and/or
Having a pleasing or congruent arrangement of elements in the
use or function between two or more attributes of a neighborhood or
area.
The wording on a sign surface or composing a sign.
Any horizontal decorative molding that crowns a building,
such as the top edge of a facade or over an external door or window.
Daytime care or instruction of three or more children or
adults away from their own homes for more than three but less than
24 hours per day, by an individual, association, corporation, institution
or agency, whether or not for compensation or reward. Such centers
shall be duly licensed by NYS Law.
A person who undertakes land development activities.
Any man-made changes to improved or unimproved real estate,
including but not limited to buildings or other structures, mining,
dredging, filling, grading, paving, excavation or drilling operations,
excluding normal maintenance of farm roads and agricultural practices.
An enclosed building for the manufacture, processing, bottling,
and packaging of distilled liquors, such as vodka, gin, whiskey, or
tequila, duly licensed by the NYS Liquor Authority. For the purposes
of this chapter, distilleries shall be required to provide a tasting
room.
An establishment wherein the sale of goods or delivery of
services is provided directly to patrons while seated in motor vehicles
located on the premises.
A building used as the living quarters for one or more families.
SINGLE-FAMILYA building containing one dwelling unit and designed or used exclusively for occupancy by one family.
TWO-FAMILYA building containing two dwelling units and designed or used exclusively for occupancy for two families living independently of each other; or two single-family dwellings having a party wall in common.
MULTIFAMILYA building or portion thereof containing three or more dwelling units and designed or used for occupancy by three or more families living independently of each other.
MULTIFAMILY, BY CONVERSIONAny existing residential structure reconfigured to contain three or more dwelling units, or reuse of a nonresidential structure for multifamily purposes. This shall include existing multifamily dwellings reconfigured to increase the number of dwelling units.
MULTIFAMILY, BUILT ASAny residential structure, existing or newly constructed, which is currently and originally intended to be used as a multifamily dwelling.
One or more rooms designed for occupancy by one family for
cooking, living and sleeping purposes.
A dwelling unit located within a mixed-use, multistory building
on any floor other than the ground floor.
When relating to a structure, a combination of any materials,
whether portable or fixed, having all sides thereof and a roof thereof
completely enclosed, with the exception of doors and windows.
The face of a building.
The principal face of a building that looks onto a street,
right-of-way, or open space. Buildings on corner lots shall be considered
to have two primary or front facades.
One or more persons living, sleeping, cooking and eating
on the same premises and maintaining a common household unit.
The extent of a building or a lot abutting or parallel to
a street or right-of-way.
An accessory building or portion of a main building used
for the storage of self-propelled vehicles used by the occupants of
the premises, including space for not more than one passenger vehicle
used by others.
Any land, including structures thereon, that is used for
the sale of gasoline or other motor vehicle fuel and oil or other
lubricating substances, including any sale of motor vehicle accessories.
Excavation or fill of material, including the resulting conditions
thereof.
An establishment providing indoor recreation or instruction
to patrons for health, exercise, or educational purposes.
The Historic Preservation Commission of the Village of Hamburg, New York, as established by Chapter 44 of the Village Code.
An accessory nonresidential use conducted within or administered from a portion of a dwelling or its permitted accessory building that is clearly incidental and secondary to the principal residential use and is otherwise compliant with the applicable regulations of this chapter. A list of permitted and prohibited home business uses is provided in § 250-23.14. Single sales events such as garage sales, yard sales, and other similar sales are not considered a home business for the purposes of this chapter.
A building containing private and independent sleeping rooms
in which lodging is provided and offered to the public for compensation.
The entrances to such sleeping rooms shall be located internally to
the primary structure. A hotel or inn may also include incidental
uses such as meeting rooms, restaurants, etc.
The provision of lighting for a sign from a source intentionally
directed upon the sign face, such as a floodlight or gooseneck lamp.
The provision of lighting for a sign from a light source
within the sign.
A sign that has a face and sides, but no back, and is pinned
out from a background surface so as to produce a halo effect around
the sign when illuminated. Also referred to as "backlighting."
Those surfaces, improvements and structures that cannot effectively
infiltrate rainfall, snow melt and water (e.g., building rooftops,
pavement, sidewalks, driveways, etc.). The total of such area shall
be utilized in the calculation of lot coverage.
A commercial operation designed for the keeping of three
or more animals that are more than six months old.
Construction activity including clearing, grading, excavating,
soil disturbance or placement of fill that results in land disturbance
of equal to or greater than one acre, or activities disturbing less
than one acre of total land area that is part of a larger common plan
of development or sale disturbing one acre or more in the aggregate,
even though multiple separate and distinct land development activities
may take place at different times on different schedules.
The legal or beneficial owner of land, including those holding
the right to purchase or lease the land, or any other person holding
proprietary rights in the land.
The area required or permitted under this chapter to be devoted
to landscaping and environmental improvement, which may include existing
and new vegetation, planting beds and berms.
The use of natural plant materials including, but not limited
to, ground covers, shrubs, and trees. Landscaping also involves the
placement, preservation and maintenance of said plant materials in
conjunction with associated improvements such as fences, walls, lighting,
earth mounding and structures (principal or accessory).
An off-street area containing one or more spaces for the
purposes of temporarily parking trucks or delivery vehicles, with
passageways and driveways appurtenant thereto, as required by this
chapter.
An off-street space used for the temporary location of one
truck or delivery vehicle, not including access driveway(s).
A parcel of land occupied or capable of being occupied by
one building or a group of buildings, and the accessory buildings
or uses customarily incident thereto, including such open spaces as
are required by this chapter, but not including any portion between
the centerline of a street and the street line.
The percentage of the area of the lot covered by impervious
surface.
The property line bounding the lot. Where any property line
parallels a street and is not coincident with the street line, the
street line shall be construed as the property line for the purpose
of complying with the area and setback regulations of this chapter.
The total horizontal area included within lot lines.
The dimension measured from side lot line to side lot line
along a line parallel to the street line at the required minimum front
yard depth.
A lot at the junction of and fronting on two or more intersecting
streets.
A building, structure, or lot occupied by two or more uses
of varying land use classifications, such as residential and commercial.
Mixed-use buildings, structures, or lots shall be considered nonresidential
for the purposes of this chapter.
A single-family or individual dwelling, designed for transportation,
after fabrication, on streets and highways on its own wheels to a
site where it is to be occupied as a dwelling, complete and ready
for occupancy except for minor and incidental unpacking and assembly
operations, location on jacks or permanent foundation and connected
to utilities.
A designated site within a mobile home park for the exclusive
use of occupants of a single motor home.
Land on which two or more mobile homes are parked or which
is used for the purpose of supplying to the public a parking space
for two or more mobile homes.
Every vehicle operated or driven which is propelled by power
other than muscular power, except:
A building, structure, lot, or other property occupied by
a municipal authority, such as a local governmental agency.
Any lawful use of land, premises, or buildings or building
or structures which do not conform to the regulations of this chapter
for the district in which such use or building is located, either
at the effective date of this chapter or as a result of subsequent
amendments thereto.
A building, lot, or structure containing no dwelling units
and designated or intended for commercial, public, institutional,
or other such use. Multifamily dwellings and mixed use buildings or
structures shall be considered nonresidential uses for the purposes
of this chapter.
A school designed to provide daytime care or instructions
for two or more children from two to five years of age, inclusive
and operated on a regular basis.
A residence building (or buildings) in which skilled nursing
services and chronic custodial care are provided to residents. A skilled
nursing care facility must be licensed as such by the NYS Department
of Health.
A facility for the diagnosis and/or treatment of outpatients
by medical professionals. This may include a group practice in which
several physicians or medical professionals work cooperatively. Medical
professionals include, but are not limited to, dermatologists, doctors,
dentists, or psychiatrists.
The use of a building or structure for the operation of day-to-day
activities that are related to record keeping, billing, personnel,
and logistics, within an organization. This shall also include the
workplace of any person who earns their living from a specified professional
activity, such as an accountant, engineer, architect, or financial
planner. This shall not include medical professionals.
An area that is intended to provide light and air and is
designated for either environmental, scenic or recreational purposes.
Open space shall not be deemed to include driveways, parking lots
or other surfaces designed or intended for vehicular travel, as well
as detention or retention ponds. In no event shall any area of a developable
lot nor any part of an existing or future road or right-of-way be
counted as constituting open space.
The use of an adjacent, outside area by a commercial establishment,
such as a restaurant or tavern, in which the same activities which
occur within the establishment may be enjoyed by patrons.
The placement of goods in an area outside the principal structure
for advertising, display, or sale purposes as an ancillary and temporary
use to a permanent commercial use located inside an adjacent building.
The placement of goods in an area outside the principal structure
for storage purposes as an ancillary and temporary use to a permanent
nonresidential use located inside an adjacent building.
That portion of a building wall that rises above the level
of the roof.
An off-street area containing one or more parking spaces,
with passageways and driveways appurtenant thereto, as required by
this chapter.
An off-street space used for the temporary location of one
licensed motor vehicle, not including access driveway(s).
Refers to a pedestrian-friendly design policy providing clear,
comfortable pedestrian access to residential and nonresidential areas
as well as providing for the construction of buildings, sites, and
amenities to be human-scaled, purposefully engaging and accommodating
pedestrians.
Any person, firm, partnership, corporation, association or
legal representative, acting individually or jointly.
Any use where the premises is used to provide personal grooming
services or for the cleaning or care of personal apparel or other
goods. This may include, but is not limited to, barbers, nail salons,
hairstylists, spas, shoe repair, tailors, etc.
Clearing a parcel of land in distinct pieces or parts, with
the stabilization of each piece completed before the clearing of the
next.
A structure, building, or place in which worship, ceremonies,
rituals, and education pertaining to a particular system of beliefs
are held.
The Planning Commission of the Village of Hamburg, New York,
as established by this chapter.
Existing land owned by the Village of Hamburg, New York,
or other government entity, for use as a street or other public purpose.
An establishment providing for recreational or entertainment
activities in a completely enclosed structure. Accessory uses may
be permitted to include the preparation and serving of food and/or
the sale of equipment related to the enclosed recreational uses. Included
in this definition shall be indoor arcades, movies, pools, courts,
or other facilities where patrons are engaged in and/or spectating
sport or game activities.
An establishment providing for recreational or entertainment
activities in an open or partially enclosed structure. Accessory uses
may be permitted to include the preparation and serving of food and/or
the sale of equipment related to the recreational uses. Included in
this definition shall be outdoor pools, fields, courts, or other such
facilities where patrons are engaged in and/or spectating sport or
game activities.
Means a newly constructed or redeveloped project containing
at least 15 residential units, including single-family dwellings,
mobile homes, manufactured homes, two-family dwellings, or multifamily
dwellings; or a subdivision of land for the purpose of constructing
15 or more residential dwelling units.
A building, lot, structure, or structure(s) containing a
dwelling unit or grouping of dwelling units designated or intended
for the housing of individuals and families, not including any commercial,
industrial, public, or institutional use. Multifamily dwellings and
the inclusion of dwelling units in a mixed-use building or structure
shall be considered a nonresidential use for the purposes of this
chapter.
A building or portion thereof where food and beverages, whether
or not alcoholic, are sold to the public for consumption on the premises.
A building or portion thereof where food and beverages, whether or
not alcoholic, are sold to the public for consumption on the premises,
shall not be deemed a restaurant if the sale of such food and beverages
is merely incidental to the main business being conducted at such
building. A restaurant may be either a full-service restaurant or
a quick-service restaurant.
An establishment selling commodities or goods directly to
the public, but not including such services as business and professional
offices, meeting rooms for social clubs and personal service establishments.
The term "retail store" shall also not include an establishment where
alcoholic beverages are sold to the public for consumption on the
premises in connection with the operation of a restaurant, tavern,
or brewpub.
A public or private institution in which primary, secondary,
elementary, or other educational programming for children and adults
is provided. Such institution shall be duly licensed, certified, and/or
accredited by the State of New York, where applicable.
The method by which a view of one site from another adjacent
site is shielded, concealed or hidden. "Screening" techniques include
fences, walls, hedges, berms or other features.
Referring to environmental review as required by the New
York State Environmental Quality Review Act.
The horizontal distance from any building or from a specific
building to the nearest point on an indicated lot line or street line.
A dwelling unit that is rented, in whole or part, to any
person or entity for a period of less than 30 consecutive nights with
a maximum occupancy of two adults per bedroom or eight adults, whichever
is less. "Rental" means an agreement granting use or possession of
a residence, in whole or part, to a person or group in exchange for
consideration valued in money, goods, labor, credits, or other valuable
consideration. Use of a short-term rental by a record owner of a property
shall not be considered a rental under this chapter.
Any permanent or temporary device or structure for visual
communication that is used for the purpose of bringing the subject
thereof to the attention of the public, which shall display or include
any letter, word, model, banner, emblem, pennant, insignia, or representation
which is in the nature of an announcement, direction, or advertisement
which is placed out of doors or can be viewed from the street, sidewalk
or other public place. "Signs" shall also include all sign structures.
A sign for the purposes of this chapter does not include the following:
A flag or emblem of any nation, organization of nations, state
or city, or any fraternal, religious or civic organization;
Holiday decoration or lawn ornamentation;
Merchandise, pictures or models of products or services incorporated
in a window display;
Official notices issued by any court or public office or officer
in the performance of a public or official duty;
Traffic control signs as defined in the NYS Vehicle and Traffic
Law; and
Works of art, including murals, that do not contain any commercial
message, logo, graphic, business name, or trademark.
The supports, uprights, bracing, framing, mountings and framework
for a sign. In the case of a sign structure consisting of two or more
sides in which the angle formed between any two sides and the projections
thereof exceeds 45°, each side will be considered a separate sign
structure for the purpose of calculating sign area.
The design and/or structure of a sign as identified below:
FRAME SIGN— A freestanding sign that is comprised of two sign faces joined at the topmost edge diverging at an angle of no more than 45°, or a sign mounted on a weighted pedestal. A-frame signs are considered temporary signs for the purposes of this chapter.
AWNING SIGNA sign that is part of or attached to an awning, canopy, or other fabric, plastic, or structural protective cover over a door, entrance, window, or outdoor area. Awning signs shall be limited to the valence.
BANNERA temporary sign composed of lightweight canvas-like material, which can be attached to a structure or suspended by attachment at each end.
DIGITAL SIGNAny computer-programmable sign capable of displaying words, symbols, figures or graphic images that can be altered or rearranged by remote or automatic means without altering the face or surface of the sign. Typically, these signs utilize LEDs (or light-emitting diodes) or plasma or LCD technology to produce the character and graphics of the display.
DIRECTIONAL SIGNAny sign that is designed and erected for the purpose of traffic or pedestrian direction or control. Such a sign shall not carry a commercial message.
FREESTANDING SIGNA sign not attached to, dependent upon, or supported by a building, including ground signs, pedestal signs, and portable signs.
GOVERNMENTAL SIGNA sign erected and maintained pursuant to and in discharge of any governmental function or required by any general law, local law or governmental regulation.
GROUND SIGNA type of freestanding sign that is mounted on a base flush with the ground or supported by one or two columns or posts provided the distance between the ground and bottommost edge of the sign is no greater than two feet.
LAWN SIGNA sign not exceeding three feet in height and six square feet in area constructed of materials not intended for permanent installation that are attached to a single or multiple posts for support and stuck into the ground. The height of a lawn sign shall include any posts or supports. Political campaigns, garage sales, and charitable events, for example, are often advertised with lawn signs. Lawn signs are considered temporary signs for the purposes of this chapter.
MARQUEE SIGNAny sign attached to and made a part of a marquee. A "marquee" is defined as a permanent roof-like structure projecting beyond a building or extending along and projecting beyond the building's wall and generally designed and constructed to provide protection against the weather.
NEON SIGNA sign that incorporates illumination through the use of neon type gas.
OFF-PREMISES SIGNA sign that directs attention to a business, commodity, service, or entertainment conducted, sold, or offered at a location other than where such sign is located. This shall not include billboards.
POLE SIGNA type of freestanding sign that is supported by two columns or posts with a distance exceeding two feet between the ground and the bottommost edge of the sign.
PROJECTING SIGNA sign which is wholly dependent upon a building for support and which projects more than 12 inches from such building.
PUBLIC SIGNA sign containing no commercial message and typically erected to identify addresses, entrances, exits, restrooms, hours and days of operation, public utility locations, emergency addresses and telephone numbers, etc. These examples are not given by way of limitation.
ROOF SIGNAny sign erected upon, against or directly above a roof or on top of or above the parapet of a building.
SUSPENDED SIGNA sign attached to and supported by the underside of a horizontal plane.
TEMPORARY SIGNA sign which is not intended to be used for a period of time exceeding 15 days and is not attached to a building, structure, or ground in a permanent manner. Such signs usually being constructed of poster board, cardboard, masonite, plywood, or plastic material and mounted to wood, metal, wire or rope frames or supports.
WALL SIGNA sign fastened to the wall of a building or structure in such a manner that the wall becomes the supporting structure for or forms the background surface of the sign and which does not project outward more than 12 inches from such building or structure.
WINDOW SIGNA sign which is applied or attached to the exterior or interior of a window or is installed inside of a window within 12 inches of the window through which it can be seen. This shall not include graphics in connection with a customary window display of products.
A rendering, drawing or sketch prepared to specifications
and containing necessary elements, as set forth in this chapter, which
shows the arrangement, layout and design for the proposed use of a
parcel or parcel(s) of land as shown on said plan.
The premises and buildings used by a local, international,
national or state organization or by a bona fide local civic association
catering exclusively to members and their guests primarily for a patriotic,
fraternal, benevolent, social, educational, religious or political
purpose. The club shall not be used in whole or in part for the conduct
of any business or enterprise for profit, but this shall not be construed
as preventing the utilization of a club for benefits or performances
for a recognized charity, nor for the meeting of other organizations
or for educational and cultural purposes.
An authorization of a particular land use which is permitted
in this chapter subject to requirements imposed by such permitted
use to assure that the proposed use is in harmony with this chapter
and will not adversely affect the neighborhood if such requirements
are met.
An order issued which requires that all construction activity
on a site be stopped.
Rainwater, surface runoff, snowmelt and drainage.
The use of structural or nonstructural practices that are
designed to reduce stormwater runoff and mitigate its adverse impacts
on property, natural resources and the environment.
One or a series of stormwater management practices installed,
stabilized and operating for the purpose of controlling stormwater
runoff.
A plan for controlling stormwater runoff and pollutants from
a site during and after construction activities.
Flow on the surface of the ground, resulting from precipitation.
That portion of a building between the surface of any floor
and the surface of the floor next above it, or, if there is no floor
above it, then the space between any floor and the ceiling next above
it. A basement shall be counted as a story for the purpose of height
measurement, if the ceiling is more than five feet above the average
adjoining ground level or if it is used for business or dwelling purposes.
A half story is a story under a sloping roof having a ceiling height
of seven feet or more for not more than 1/2 the floor area of the
uppermost full story in the building.
Any right-of-way for a public street or any approved private
right-of-way.
The officially established grade of the street upon which
the lot fronts. If there is no officially established grade, the existing
grade of the street at the midpoint of the frontage of the lot shall
be taken as the "street grade."
A line separating a lot from a street.
Anything constructed or erected which requires permanent
location on the ground or attachment to something having such location,
but not including a trailer.
A workroom or collection of rooms intended to be used by
the public for the purpose of teaching, practicing, crafting, or creating
various art forms, including dancing, painting, drawing, pottery,
photography, woodworking, filmmaking, or other such activities.
The transmission and reception of audio, video, data and
other information by wire, radio, light and other electronic or electromagnetic
systems.
Includes telecommunication towers, accessory facilities or
structures and/or antennas and any buildings and/or equipment used
in connection with the provision of cellular telephone service, personal
communication services (PCSs), paging services, radio and television
services and similar broadcast services.
Any structure, including but not limited to a pole, windmill
or other such structure, whether attached to a building, guyed or
freestanding, designed and/or used for the support of any device for
the transmission and/or reception of radio frequency signals, including
but not limited to broadcast, shortwave, citizen's band, FM or
television or microwave and/or for the support of any wind-driven
device, whether used for energy conservation or not.
Any container, storage unit, box-like container or portable
structure which resembles and functions in the same way as a traditional
shipping container is a temporary portable storage unit and not a
structure, even when affixed to a permanent foundation.
Any living, woody plant, usually having one or more self-supported
stems or trunks and numerous branches, that can attain heights in
excess of 20 feet and has a diameter as measured at six inches above
grade of 2.5 inches or more.
The specific purpose for which land or a building is designed,
arranged, intended or for which it is or may be occupied or maintained.
Any use of a building, structure, lot or part thereof which
this chapter provides for in a particular district as a matter of
right.
The dominant purpose, by area, scale, and/or intensity of
use, for which land or a building is designed, arranged, intended,
or for which it is or may be occupied or maintained.
A use of a building, structure, lot or part thereof which
is not listed as a permitted, specially permitted, or accessory use.
A particular land use which is permitted within a given zoning
district, subject to conditions imposed to assure that the proposed
use is in harmony with the requirements of this chapter and will not
adversely affect the neighborhood or vicinity if such conditions are
met.
A projection of fabric below the main frame of an awning
to create a decorative edge.
The authorization by the Zoning Board of Appeals for the
use of land in a manner which is not allowed by the dimensional or
physical requirements of the applicable zoning regulations.
The authorization by the Zoning Board of Appeals for the
use of land for a purpose which is otherwise not allowed or is prohibited
by the applicable zoning regulations.
A commercial establishment offering new or used vehicles
for sale, rental, or lease, including personal vehicles, commercial
vehicles, or other registered automobiles.
A commercial establishment offering vehicle repair or maintenance
services, such as adjustments, painting, replacement of parts, or
other parts thereof.
The Board of Trustees of the Village of Hamburg, New York.
The Code of the Village of Hamburg, New York.
An open unoccupied space extending the full width of the
lot between the front building line and the front lot line of the
lot.
An open space extending the full width of the lot between
the rear building line, including any structure attached to such building,
and the rear lot line of the lot.
An open unoccupied space extending between the side building
line, including any structure attached to such building, and the side
lot line of the lot, extending through from the front yard or from
the front lot line where no front yard exists to the rear yard or
to the rear lot line where no rear yard exists.
The Zoning Board of Appeals of the Village of Hamburg, New
York, as established by this chapter.
