[Amended 1-11-1993 by L.L. No. 1-1993; 7-12-1993 by L.L. No.
6-1993; 1-26-1998 by L.L. No. 1-1998]
[Amended 4-25-2022 by L.L. No. 1-2022]
The intent of the C-1 Local Retail Business
District is to provide commercial uses and structures which serve
the local needs of the Town of Hamburg. Commercial uses and structures
permitted in this district should be designed to serve the surrounding
neighborhood and local area, while not intending to become a regional
attraction. The regulations for this district will take into consideration
pedestrian and automobile access, traffic congestion, surrounding
aesthetics, adaptive reuse, residential buffering and enhancing the
overall image of local areas in the Town. To achieve these goals,
the structures for these uses are limited to 15,000 square feet (base
floor dimensions). Commercial uses in this district are not overly
intrusive to the surrounding residential areas and include, but are
not limited to, the following characteristics: low noise levels and
odor generation, unobtrusive lighting, limited signage, minimization
of points of egress and ingress and encouragement of shared access.
Uses and structures permitted in the C-1 District
are as follows:
A.
Principal uses and structures (less than 15,000 square
feet or as noted):
(1)
Principal uses and structures permitted in the NC
District, except Use Group 1 (no residential housing shall be permitted),
and principal uses and structures permitted in the HC District.
(2)
The following uses, when conducted entirely within
an enclosed building:
(a)
Retail sales, but not including any use first
permitted in the C-2 or M District.
(b)
Dry-cleaning and pressing establishments, limited
to 2,000 square feet of floor area per establishment.
(c)
Eating or drinking establishments, provided
that any entertainment shall be limited to television, radio or music,
and further provided that no sale of alcoholic beverages for consumption
on the premises shall be permitted on any lot where the principal
building is less than 500 feet from a side lot line that abuts any
R District boundary.
(3)
Hotels or motels, subject to the above restrictions
on eating and drinking establishments.
(4)
Banks and drive-through banks, provided that at least
five reservoir spaces are provided on the lot for each drive-in teller's
window. Such reservoir spaces shall be exclusive of required parking
spaces.
(5)
Racquetball clubs, squash courts, health spas and
related physical fitness facilities.
B.
Accessory uses and structures:
(1)
Accessory uses permitted in the NC District, except
accessory uses included in Use Group 1.
(2)
Unless otherwise provided, accessory uses and structures
customarily incidental to permitted principal uses.
(3)
Shops for the manufacture or processing of articles
incidental to the conduct of a retail business lawfully conducted
on the premises, provided that:
(a)
All such articles manufactured or processed
are sold at retail on the premises.
(b)
Not more than four persons are engaged in such
manufacturing or processing at any one time and in any one establishment.
(c)
Such activity shall not produce offensive odors,
noise, vibration, heat, glare or dust.
(d)
No automotive service, repair or installation
activities.
Unless otherwise provided, the minimum lot size
in the C-1 District shall be as specified in this section.
Unless otherwise provided, the maximum height
of buildings in the C-1 District shall be as specified in this section.
A.
Maximum: 35 feet.
A.
Maximum: 75%.
Unless otherwise provided, the minimum required
yards and other open spaces in the C-1 District shall be as specified
in this section.
A.
Front yard: 40 feet.
B.
Side yards:
(1)
Principal buildings: none required, except that:
(a)
Where a side yard is provided, it shall be no
less than five feet.
(b)
Where a side yard abuts any R District boundary,
it shall be not less than 40 feet.
(c)
Where a side yard is used for either vehicular
ingress or egress, it shall be at least 12 feet.
(d)
Where a side yard is used for vehicular ingress
and egress, it shall not be less than 25 feet.
For applicable off-street parking regulations, see Article XXXII.
For applicable sign regulations, see Article XXXVI.
The Planning Board may require and modify landscaping
plans for site locations to establish a positive design image.
The applicant shall submit building plans and
elevations showing how any proposed structure meets the requirements
of this article and any requirements of any applicable zoning overlay.
