Hamburg Village, NY Building Safety: Childcare Center Rules (2026)

Section 250-23.10 of the Village of Hamburg Code sets the zoning conditions for day-care centers and nursery schools. Subsection A ties the use to the home business rules: a day care or nursery school can be permitted as a home business only if the conditions of § 250-23.10 and § 250-23.14 are both met. Subsection B bars any day care or nursery school from being permitted until the proper license or registration is completed, where New York State or Erie County law requires one. The Village's zoning definition covers daytime care or instruction of three or more children or adults away from their own homes for more than three but less than 24 hours per day, and says such centers shall be duly licensed by NYS Law.

The use table in § 250-20.4 shows a day-care center or nursery school as not allowed in the SFR district and as a special use (SP) in the TVR and LCR districts, with special uses reviewed under Article 43, Special Use Permits. Areas of organized activity, such as play areas and swimming pools, are regulated by distance. In a nonresidential district, all buildings, structures and those areas keep a setback of at least 15 feet from all property lines. In a residential district they are prohibited in the front yard and keep a setback of at least 25 feet from side and rear property lines.

Subsection E prohibits outdoor floodlighting and public-address systems outright. Subsection F leaves landscaping and screening to the reviewing board in site plan review, so the buffer around the play area is set case by case.