Hamburg Village, NY Accessory Structures: ADU Rules (2026)

Village of Hamburg Code § 250-23.3 opens with a four-part purpose: create new housing units while respecting the design and scale of the Village's single-family pattern, add housing in a way that is less intense than multifamily alternatives, broaden affordable options, and let residents, particularly seniors, single parents, and families with grown children, stay in their homes while obtaining extra income, security, companionship, or services.

The operative limits sit in Subsection B. An ADU is allowable as an accessory use to a single-family dwelling, and the code allows no more than one ADU per primary use. It goes either in the principal dwelling structure (attached) or in an accessory structure (detached), and it holds no more than two bedrooms. It must be a complete, separate housekeeping unit with both a legal kitchen and bath and must meet the NYS Uniform Building and Fire Prevention Code. A new separate outdoor entrance for an ADU in or attached to the primary home goes on the side or in the rear. The unit has to keep the architectural design, style, appearance, and character of the primary residence, and any addition must match the existing facade, roof pitch, siding, and windows.

A detached ADU also answers to every accessory structure requirement in the chapter, including size, setback, lot coverage, and height. Under § 250-23.4, accessory structures stay out of any required front yard and keep at least 10 feet from any dwelling unit and at least five feet from any other accessory structure. Subsection B(6) bars separating or subdividing a detached ADU from the parcel that holds the primary residential unit.

Article 23 applies to uses listed as permitted (P) or specially permitted (SP) in the use tables. Under § 250-23.2, a specially permitted use needs a special use permit and site plan review under Articles 43 and 44, and no special use permit or building permit is granted for a listed use unless it also meets this article. If Article 23 conflicts with another requirement of the chapter, Article 23 takes precedence. Owner-occupancy terms for ADUs sit in Subsection C. The building permit for the work comes from the Village of Hamburg under § 123-4.