[Added 11-21-2022 by L.L. No. 12-2022]
A.
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.
B.
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.
C.
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.
A.
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.
B.
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.
C.
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.
D.
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.
A.
Permitted uses. Multiple uses are permitted on each lot. The following
uses are permitted in the Mixed-Use Zones:
(1)
Retail store.
(2)
Business and professional offices.
(3)
Personal service establishments, including, but not limited
to, barbershops, beauty parlors, electronics/computer cleaning or
repair, glass shops and small appliance repair.
(4)
Restaurant; bar; or social club.
(5)
Residential Uses as allowed in R-1, R-2 and R-3 districts.
(6)
Parking as an accessory use to a principal building. Parking
shall be subject to the applicable laws and codes of the Town of Hamburg,
including, but not limited to, subsections of this chapter.
(7)
Religious institution.
(8)
Municipal office.
(9)
Parks, limited to passive outdoor recreation.
(10)
Indoor fitness centers, athletic fields and recreation centers.
B.
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 § 280-400B.
(1)
Adult-care or assisted living facility.
(2)
Hotel or bed-and-breakfast.
(3)
Community center.
(4)
Day care center and nursery school.
(5)
Community gardens.
(6)
Laundromat/dry cleaner.
(7)
Hospital (urgent care facility).
(8)
Funeral home.
(9)
Public utility station.
(10)
Home office or occupation, provided that said occupation is
not an industrial use permitted in M2 or M3 zones.
(11)
School.
(12)
Outdoor fitness centers, athletic fields and recreation centers.
(13)
Parks and other outdoor recreation (other than parks limited
to passive outdoor recreation).
(14)
Other commercial, recreational, or residential uses not listed
in subsection.
(15)
Other uses not stated above but not prohibited by § 280-160
of this Code will be approved only upon the finding by the Town Board
(with Planning Board input) that such uses are compatible with those
permitted and which will not be detrimental to other uses within the
district or to adjoining land uses.
The following uses are expressly prohibited in mixed-use zones:
A.
Auto sales or service.
B.
Landfills.
C.
Any outdoor storage, other than enclosed dumpsters with proper screening
identified on the site plan and approved by the Planning Board.
D.
Manufactured or mobile home parks.
E.
Outdoor solid-fuel-burning furnaces.
F.
Truck terminals, dispatch, and transfer.
G.
Lumberyards and coal yards.
H.
Railroad freight yards.
I.
Concrete products manufacture: concrete or cement mixing plants.
J.
Asphalt plants.
K.
Storage or manufacture of petroleum and petroleum products.
L.
Manufacturing of abrasives.
M.
Automobile assembly and fabrication.
N.
Manufacture of heavy machinery.
O.
Processing or treatment of bituminous products.
P.
Metal casting and foundry products.
Q.
Any use permitted in a M3 or M2 district under the Town of Hamburg
Zoning Code not specifically identified above.
A.
Lot area. Lot area will be based on the size of the building, parking
requirements and landscaping.
B.
Lot width at the building line: 75 feet.
C.
Lot coverage: maximum 85%.
D.
Setbacks: dependent on adjoining uses and the approved plan.
E.
There will be no minimum front setback, and new structures should
be constructed abutting the front walkway or as close as possible,
except:
(1)
Existing structures in the style of residential houses, regardless
of current use, shall have and maintain a front yard setback from
the front lot line to the structure's original building front line.
(2)
An additional front setback may be allowed when an area immediately
in front of the principal building is intended for an outdoor eating/drinking
area or for a display or activity related directly to the occupancy
of the principal building.
(3)
A setback to allow parking in front of the principal building
is expressly prohibited.
A.
Parking is not a permitted use and may only be constructed as an
accessory use to a principal building. Parking, if any, shall be located
entirely behind the principal building. No parking shall front on
any street.
B.
Redevelopment of existing commercial developments using existing
parking lots shall be allowed utilizing parking along the street front
if the following conditions are met:
(1)
A ten-foot-wide area of vegetation/pervious area is developed
between the edge of the right-of-way along the street and the parking
area. A portion of this buffer zone may be impervious surface if it
is intended for an outdoor eating/drinking area or for a display or
activity related directly to the occupancy of the principal building
that the parking area is associated.
(2)
Appropriate vegetative screening or other aesthetic improvements
are made to the ten-foot-wide area of frontage.
C.
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.
A.
Developments can be single building on an individual or multiple
parcels, or multiple buildings on individual or multiple parcels.
B.
All developments in a MU1-Mixed-Use zone shall be subject to the
following standards:
(1)
All development shall be serviced by public water and sewer.
(2)
No uses shall occupy more than 85% of the usable land on any
parcel zoned MU1- Mixed-Use District. Residential uses can include
a mixture of two-family units and multiple-family dwellings. The ratio
of each residential use shall be determined by the Town Board through
the rezoning process. These limitations shall not apply to buildings
that are greater than 67% vacant and are located on existing lots
that currently (at the time of this law adoption) occupy more than
85% of the usable land.
C.
Drive-throughs are prohibited except when allowed through the rezoning
process and under the following conditions:
(1)
Only one drive-through lane per building lot.
(2)
Drive-throughs shall not be located in front of the principal
building.
(3)
Drive-throughs are permitted only on lots where at least 10
motor vehicles can be stacked on the lot and separate from the parking
circulation while waiting for service at the drive-through.
D.
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.
E.
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.
F.
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.
G.
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.
H.
Lots abutting residential districts shall:
I.
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.
A.
Landscaping shall be integrated into the development plan and the
streetscape.
B.
Pedestrian accessibility and connectivity shall be incorporated into
the plan.
C.
Incorporation of green infrastructure, Electric Vehicle charging
stations, bike racks, and other sustainable designs are strongly encouraged.
