A.
Words used in the present tense include the future
tense.
B.
Words used in the singular include the plural, and
words used in the plural include the singular.
C.
The word "person" includes an individual, firm, company,
partnership or corporation.
D.
The words "shall" or "will" are mandatory; the word
"may" is permissive.
E.
The words "used" or "occupied," as applied to any
land or building, shall be construed to include the words "intended,
arranged or designed to be used or occupied."
F.
Any reference to an "R District" shall be interpreted
to mean "R-A, R-E, R-1, R-2, R-3, R-4 and NC Districts."
G.
Any reference to a "C District" shall be interpreted
to mean "C-1, C-2 and HC Districts."
[Amended 1-26-1998 by L.L. No. 1-1998]
H.
Any reference to an "M District" shall be interpreted
to mean "M-1, M-2 and M-3 Districts."
I.
Any reference to a "mixed use district" shall be interpreted
to mean "PUD Districts."
For the purposes of this chapter, certain terms
or words used herein shall be interpreted or defined as follows:
A building or structure, the use of which is incidental to
that of the main building and which is located on the same premises.
A use customarily incidental and subordinate to the principal
use or building and located on the same lot with such principal use
or building, except as otherwise provided for off-street parking.
Any change in, rearrangement of, addition to or relocation
of a building or structure, or any modification in construction or
equipment.
The premises or buildings used for the diagnosis, treatment
or other care of the ailments of domesticated, household animals,
which may include related facilities such as laboratories, offices
and temporary quarters for such animals.
See "tourist home."
[Added 2-22-1999 by L.L. No. 3-1999]
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 vertical distance measured from the average elevation
of the proposed finished grade at the front of the building to the
highest point of the roof.
The officer(s) designated by the Town of Hamburg and charged
with the enforcement of zoning, building and fire prevention codes.
[Added 2-22-1999 by L.L. No. 3-1999]
See "setback."
A residential subdivision, designed for single-family dwelling
purposes, comprising 10 or more acres, in which minimum lot areas
and minimum lot dimensions may be reduced by a specific amount, provided
that land not used for residential lots, except streets, in the subdivision
is used for recreational or open space purposes. The phrase "clustering"
shall refer to "cluster housing."
A wind energy conversion system consisting of one wind turbine,
one tower, and associated control or conversion electronics, which
has a rated capacity greater than 250 kilowatts, and a total height
of more than 150 feet, and is intended to solely supply electrical
power into a power grid for sale.
[Added 6-25-2007 by L.L. No. 3-2007]
An apartment house or houses, the apartments or dwelling
units of which are individually owned, each owner receiving a deed
enabling him to sell, mortgage or exchange his apartment independent
of the owners of the owner apartments in the building or buildings.
Any place or premises, located on a farm (land used in agricultural
production), as defined by New York State Agriculture and Markets
Law Article 25-AA, in which New-York-State-labeled beer is manufactured,
stored and sold in quantities of up to 60,000 finished barrels of
beer annually.
[Added 1-14-2013 by L.L. No. 1-2013]
A small-scale winery meeting the definition of a microwinery
or a farm winery under New York State law, and meeting the requirements
under the Town's Zoning Code.
[Added 10-21-2019 by L.L.
No. 10-2019]
A place, person, association, corporation, institution or
agency licensed by the State of New York providing care for three
or more children for at least three hours, but less than 24 hours,
away from their homes and in which parents, guardians or others responsible
for care place children. This does not include care provided in an
after-school program operated for the primary purpose of religious
education.
The keeping of more than two dogs that are more than three
months old.
A restaurant wherein all patrons thereof are not required
to be seated to be served.
A building used as the living quarters for one or more families.
DWELLING UNITOne or more rooms designed for occupancy by one family for cooking, living and sleeping purposes.
SINGLE-FAMILY DWELLINGA building containing one dwelling unit and designed or used exclusively for occupancy by one family.
TWO-FAMILY DWELLINGA building containing two dwelling units and designed or used exclusively for occupancy by two families living independently of each other, or two one-family dwellings having a party wall in common.
MULTIFAMILY DWELLINGA 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.
A group of two or more dwellings located on the same lot
and having any yard or open space in common.
An increase in floor area of an existing building, or an
increase in the size of an existing structure, or an increase in the
area of land used for an existing open use.
An increase in the amount of existing floor area used for
an existing use in an existing building.
One or more persons living together in one dwelling unit
and maintaining a common household, including domestic servants and
gratuitous guests, together with boarders, roomers or lodgers not
in excess of the number allowed by this chapter as an accessory use.
Any area of land, including structures thereon, used for
the retail sale of gasoline or other motor vehicle fuel for the propulsion
of vehicles. A "filling station" can be either self-service or attendant-operated.
The management of a stand of forest on a sustained-yield
basis, which includes replanting as well as harvesting.
An accessory building or portion of a main building used
for the storage of self-propelled vehicles, including one commercial
vehicle having a rated capacity of not more than 3/4 ton, used by
the occupants of the premises, and may include space for not more
than one passenger vehicle used by others.
A retail establishment that primarily stores, displays, sells
plants and/or other agricultural/horticultural/landscaping-related
products.
[Added 11-28-2011 by L.L. No. 14-2011]
Any area of land, including structures thereon, that is used
for the sale of gasoline, other motor vehicle fuel, oil or other lubricating
substances and motor vehicle accessories, and which may or may not
include facilities for lubricating, washing or otherwise servicing
motor vehicles, but not including the painting thereof or the storage
of vehicles for any purpose other than servicing with fuel, lubricants,
antifreeze, tire repair and other emergency repairs of a temporary
nature.
The enclosed building area of a shopping center, exclusive
of all common areas such as enclosed pedestrian walks, walkways, hallways,
public restrooms, open-area garden facilities, maintenance rooms,
utility rooms and other areas of a like and similar nature.[1]
A building containing sleeping rooms in which lodging is
provided primarily for transient guests for compensation, and which
may include public dining facilities.
A place where junk, waste and discarded or salvaged materials
are bought, sold, exchanged, sorted, stored, baled, packed, disassembled,
handled or abandoned, but not including pawn shops, antique shops,
establishments for the sale, purchase or storage of used furniture,
household equipment, clothing, used motor vehicles capable of being
registered or machinery to be reused for the purpose for which originally
manufactured.
The temporary storage for pay of domestic pets. Domestic
pet breeding is permitted. Specifically excluded are pets and animals
that may be pets but are normally considered wild.
The keeping of more than two dogs over three months old.
A parcel or plot of land occupied or capable of being occupied
by a principal building or use, or a group of principal buildings
or uses that are united by a common interest or customary accessory
buildings or uses, and including such open spaces to be used in connection
with such buildings or uses.
A lot at the junction of and fronting on two or more intersecting
streets.
The amount of the lot covered by imperious surfaces, including
but not limited to buildings, driveways, accessory structures, parking
lots, etc. It is the intent that these areas not covered will remain
in their natural state or are to be landscaped.
[Added 1-26-1998 by L.L. No. 1-1998]
The mean horizontal distance between the front and rear lot
lines.
A lot other than a corner lot.
The property line bounding a 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.
Where a lot abuts upon only one street, the street line shall
be the "front lot line." Where a lot abuts upon more than one street,
the assessment roll of the Town of Hamburg shall determine the "front
lot line."
Any lot line which is opposite and more or less parallel
with the front lot line. In the case of a lot which comes to a point
at the rear, the "rear lot line" shall be an imaginary line 10 feet
in length, entirely within the lot, parallel to and most distant from
the front lot line.
Any lot line which is not a front lot line or a rear lot
line.
A lot in which the front lot line and the rear lot line abut
a street.
The least horizontal distance across the lot between side
lot lines, measured at the front of a main building erected or to
be erected on such a lot or at a distance from the front lot line
equal to the required depth of the front yard.
As defined pursuant to L.L. No. 7 of 1973, Chapter 165 of the Code of the Town of Hamburg, entitled "Mobile Home Parks."
As defined pursuant to L.L. No. 7 of 1973, Chapter 165 of the Code of the Town of Hamburg, entitled "Mobile Home Parks."
A building or group of buildings, whether detached or in
connected units, used as individual sleeping or dwelling units designed
primarily for transient automobile travelers and providing accessory
off-street parking facilities. The term "motel" includes buildings
designated as "motor lodges," "auto courts" and similar appellations.
A wind energy conversion system consisting of one wind turbine,
one tower, and associated control or conversion electronics, which
has a rated capacity of not more than 250 kilowatts and a total height
of not more than 150 feet, and is intended to solely supply electrical
power for use on the subject property.
[Added 6-25-2007 by L.L. No. 3-2007]
Any lawful building or structure or any lawful use of land,
premises, building or structure which does not conform to the regulations
of this chapter for the district in which such building, structure
or use is located either at the effective date of this chapter or
as a result of subsequent amendments thereto.
See "day-care center."
Any building where persons are housed or lodged and furnished
with meals and nursing care for hire.
The unoccupied area open to the sky on the same lot with
a principal building or structure and/or any accessory building, exclusive
of parking areas or driveways. "Open space" also refers to a parcel
or parcels of land or an area Of water, or a combination of land and
water, within a site with any or all of such features as common outdoor
recreation areas, woodland areas, parks, playfields, playgrounds,
golf courses, tennis courts, skiing facilities, nature trails, formal
gardens, lakes and swimming pools, camping facilities, unoccupied
areas in a natural state and similar open areas, exclusive of streets
and parking areas.
A single-family detached home of one story in height, located
on its own lot that is typically smaller in size (meeting the zoning
requirements of the Town), with common areas in the development owned
by a homeowner's association. Patio homes are allowed anywhere single-family
detached units are allowed, as long as they meet the zoning requirements
of the town and the particular district they are located in.
[Added 12-13-2010 by L.L. No. 10-2010]
Animals normally considered domestic pets, such as dogs and
cats. Other animals that are being treated as "pets," such as farm
animals and exotic pets that are normally considered as wild, are
limited to the R-A District unless otherwise approved by the Zoning
Board of Appeals.
A building or group of buildings in a controlled access or
fenced compound, consisting of individual, self-contained units or
stalls for the storage of customers' (businesses, individuals, etc.)
goods, wares, or contractor supplies for a rental fee. These facilities
can have supervised or unsupervised access to the rental units.[2]
[Added 8-9-2010 by L.L. No. 6-2010]
A parcel of land or part thereof used for the purpose of
extracting stone, sand, gravel or topsoil for sale, as an industrial
operation, and exclusive of the process of grading a lot preparatory
to the construction of a building for which a building permit has
been issued by the Township of Hamburg.
The replacement or renewal, excluding additions, of any part
of a building, structure, device or equipment, with like or similar
materials or parts, for the purpose of maintaining such building,
structure, device or equipment.
Any garage other than a private garage, and which is used
for the storage, repair, rental, greasing, washing, lubrication, servicing,
adjusting or equipping of automobiles or other motor vehicles.
[Amended 1-14-2013 by L.L. No. 1-2013]
A temporary storage space for a vehicle waiting for service
or admission.
A public, parochial or private school.
The minimum horizontal distance from any existing or proposed
building or structure to the nearest point in an indicated lot line
or street line.
The division of a single structure or grouping of structures
(some of which may be in separate ownership) which constitute a convenient,
planned and harmonious shopping and entertainment place with shared
customer and employee parking areas.
LOCAL SHOPPING CENTERA shopping center with a gross leasable area of less than 100,000 square feet.
COMMUNITY SHOPPING CENTERA shopping center with a gross leasable area of more than 100,000 square feet but less than 400,000 square feet.
REGIONAL SHOPPING CENTERA shopping center with a gross leasable area of more than 400,000 square feet.
Any structure or part thereof, or any device attached to,
painted on or represented on a building or other structure, upon which
is displayed or included any letter, work, model, banner, flag, pennant,
insignia, decoration, device or representation used as or which is
in the nature of an announcement, direction, advertisement or other
attention-directing device. A sign shall not include a similar structure
or device located within a building, except for illuminated signs
within show windows. A sign includes any billboard, but does not include
the flag, pennant or insignia of any nation or association of nations,
or of any state, city or other political unit, or of any political,
charitable, educational, philanthropic, civic, professional, religious
or like campaign, drive, movement or event.
ADVERTISING SIGNA sign which directs attention to a business, commodity, service or entertainment conducted, sold or offered elsewhere than upon the same lot on which the sign is located.
FLASHING SIGNAny moving or animated sign or any illuminated sign on which the artificial or reflected light is not maintained stationary and constant in intensity and color at all times when in use. Any revolving illuminated sign shall be considered a flashing sign.
ILLUMINATED SIGNAny sign designed to give forth any artificial light, or designed to reflect light from one or more sources.
Institutions whereby members and/or guests enjoy said sport
without any permanent occupancy of premises.
[Added 4-22-2002 by L.L. No. 4-2002]
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 purposes of height
measurement if the ceiling is more than five feet above the average
adjoining ground level or if 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 an area not exceeding 1/2 the floor area
of the next lower full story in the building.
A public right-of-way for vehicular and pedestrian circulation,
which has been dedicated, improved and accepted.
A line separating a lot from a street. In any case where
a future street line has been established or approved by the Town
Board, such future street line shall be considered as a street line
for the purposes of determining lot area and setback requirements.
Any change in the supporting members of a building or other
structure, such as bearing walls, columns, beams or girders.
Anything constructed or erected which requires permanent
location in or on the ground or attachment to something having such
location, but not including a trailer or mobile home.
A small apartment (approximately 350 to 500 square feet)
consisting of one main living space, a small kitchen and a bathroom.
[Added 12-13-2010 by L.L. No. 10-2010]
An assembly of materials, forming a construction of component
structural parts for occupancy exceeding 15 persons or such other
uses, having a fixed location in or on the ground or attachment to
something having such location but not including a trailer or mobile
home for less that seven consecutive days. A temporary structure shall
not be erected for a period of 90 consecutive calendar days thereafter,
beyond the expiration of the initial seven-day period.
[Added 4-10-2000 by L.L. No. 2-2000]
The height of the wind energy conversion system measured
from the ground elevation to the top of the tip of the blade in the
vertical position.
[Added 6-25-2007 by L.L. No. 3-2007]
A private, owner-occupied residential dwelling in which overnight
accommodations are provided or offered for tourist and transient guests
for compensation, with or without the inclusion of one meal. This
use is subordinate and incidental to the main residential use of the
dwelling. This definition includes uses/services such as Airbnb.
[Amended 2-22-1999 by L.L. No. 3-1999; 12-18-2017 by L.L. No. 3-2018]
The support structure, including guyed, monopole, and lattice
types, upon which a wind turbine and other mechanical devices are
mounted.
[Added 6-25-2007 by L.L. No. 3-2007]
The height above grade of the uppermost fixed portion of
the tower, excluding the length of any axial rotating turbine blades.
[Added 6-25-2007 by L.L. No. 3-2007]
Any off-street parking area or facility that provides secure
parking for vehicles stored in connection with the roadside services
carried out by a towing and recovery company.
[Added 1-14-2013 by L.L. No. 1-2013]
A building or dwelling designed for or occupied by no more
than one family and attached to other similar buildings or dwellings
by not more than two common walls extending from the foundation to
the roof and providing two direct means of access from the outside.
A townhouse is individually owned, an owner receiving a deed enabling
him to sell, mortgage or exchange his dwelling unit independent of
the owners of any other dwelling unit attached thereto by a common
wall.
A vehicle, other than a mobile home, used as sleeping or
living quarters, whether self-propelled or towed, or a camper body
mounted on a motor vehicle. A trailer shall also include any vehicle
towed or used for carrying goods, equipment, machinery or recreation
vehicles or as a site office.
The specific purpose for which land or a building is designed,
arranged or intended or for which it is or may be occupied or maintained.
Areas, including conservation areas, set aside to protect
and encourage native species of birds and wildlife.
[Added 4-22-2002 by L.L. No. 4-2002]
One or more mechanical devices which are designed and used
to convert wind energy into a form of electric energy.
[Added 6-25-2007 by L.L. No. 3-2007]
Any wind energy conversion system, wind measurement tower,
or wind energy system, including all related infrastructure, electrical
lines and substations, access roads, and accessory structures.
[Added 6-25-2007 by L.L. No. 3-2007]
A tower used for the measurement of meteorological data such
as temperature, wind speed, and wind direction.
[Added 6-25-2007 by L.L. No. 3-2007]
Any piece of electrical generating equipment that converts
wind energy into electrical energy through the use of airfoils, rotating
turbine blades, or similar devices to capture the wind.
[Added 6-25-2007 by L.L. No. 3-2007]
That portion of a lot extending open and unobstructed from
the ground upward along a lot line.
A yard extending the full length of the front lot line between
side lot lines. The front yard depth of a lot located on a curve shall
be measured from the cord connecting the are of the front lot line.
That portion of a rear yard of a through lot extending along
a street line and from the street line for a depth equal to a required
front yard. Any front yard equivalent shall be subject to the regulations
of this chapter which apply to front yards.
On an interior lot, a yard extending for the full length
of the rear lot line between side lot lines. On a corner lot, a yard
extending along a rear lot line between an interior side line and
a side yard which abuts a street.
A yard having a depth or width set forth in the applicable
district regulations. Such width or depth shall be measured perpendicular
to lot lines.
A yard extending along a side lot line from the required
front yard to the required rear yard, except that, on a corner lot
where the side lot line abuts a street, the side yard shall extend
from the required front yard to the rear lot line.
EXTERIOR SIDE YARDA side yard extending along a street line.
INTERIOR SIDE YARDA side yard extending along a lot line of an adjoining lot.
A composite of 71 sectional maps, including all areas of
the Town of Hamburg, plus a single index map which locates each of
said sectional maps in the Town. The index map also indicates the
legend of the zoning districts, by description and symbol, used on
said sectional maps. Each of said 71 sectional maps is at a scale
of one inch equals 200 feet. Affixed to each sectional map is a stamp
which identifies said map as a section of the Zoning Map of the Town
of Hamburg and indicates the number of said map to correspond with
its number and location as shown on the index map. Each of said sectional
maps includes, in whole or in part, area in the Town of Hamburg outside
any incorporated village. Any zoning district described on said sectional
maps is described by district boundary lines and by appropriate district
symbols as indicated in the aforesaid legend on the index map.
[1]
Editor's Note: The former definition of "home occupation," which immediately followed this definition, was repealed 11-14-2011 by L.L. No. 11-2011. See now the definition of "home occupation" in § 280-270.1A.
[2]
Editor's Note: The former definition of "professional residence-office,"
which immediately followed this definition, was repealed 11-14-2011
by L.L. No. 11-2011.
