Hamburg Village, NY Accessory Structures: ADU Owner Occupancy (2026)

Owner-occupancy is the condition attached to every accessory dwelling unit in the Village of Hamburg. Village of Hamburg Code § 250-23.3C(1) requires that one of the dwelling units on the lot be occupied by an owner of the property as a permanent residence for at least six months out of the calendar year. The owner lives in either the principal house or the ADU.

Paperwork is the enforcement hook. The property owner or owners sign an affidavit before a notary public affirming that the owner occupies either the principal residential unit or the accessory dwelling unit, and submit it to the CEO. When the property sells, the new owner has to sign a new affidavit and submit it to the CEO. The affidavits are maintained in the Village Office. Under Chapter 123, unless the Village designates its own code enforcement officer, the Code Enforcement Officer is appointed by the Town of Hamburg Building Inspection Department under the shared services agreement between the Town and the Village. The owner-occupancy rule itself is the Village's, adopted by the Board of Trustees in the Village zoning chapter.

Subsection C(3) closes the exit: the individual sale of any accessory dwelling unit apart from the principal use is strictly prohibited. Subsection B(6) backs that up by barring any separation or subdivision of a detached ADU from the parcel containing the primary residential unit, so the two dwellings stay on one lot under one ownership.

The condition travels with the unit limits in § 250-23.3B: one ADU per primary use and no more than two bedrooms. Under § 250-23.2D, no special use permit or building permit is granted for a use listed in Article 23 unless the proposed use also meets the additional regulations in that article, so an application that cannot satisfy the owner-occupancy terms does not get a permit.