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Hamburg Village, NY Building Setbacks & Zoning: Lot Coverage Limits (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified October 2026

Key Facts

Maximum lot coverage
50% gross impervious surface area
Districts covered
SFR, TVR and LCR residential districts
Front yard paving cap
Paved surfaces cannot exceed 40% of the front yard area
Nonresidential footprint, LCR
5,000 square feet for a primary structure
Accessory footprint
160 square feet under § 250-20.5
Relief
Area variance from the ZBA under § 250-47.3

Summary

In the Village of Hamburg, New York, § 250-20.6 limits gross impervious surface area to 50% of the lot in the SFR, TVR and LCR residential districts. A second cap in the same table says paved surfaces on a residential lot cannot exceed 40% of the front yard area.

§ 250-20.6. Bulk requirements. ... Maximum lot coverage Gross impervious surface area 50%2 50%2 50%2 ... 2 Paved surfaces on residential lots shall not exceed 40% of the front yard area.

Full Breakdown

Lot coverage in the Village of Hamburg is a percentage of impervious surface. Section 250-20.6 sets Maximum lot coverage, measured as gross impervious surface area, at 50% in the Single-Family Residential (SFR), Traditional Village Residential (TVR) and Limited Commercial Residential (LCR) districts. Footnote 2 adds a front yard rule: paved surfaces on residential lots cannot exceed 40% of the front yard area. A driveway, parking pad or walk in front therefore has its own ceiling in addition to the lot-wide figure.

The definition in § 250-51.1 decides what counts. Impervious surfaces are those surfaces, improvements and structures that cannot effectively infiltrate rainfall, snow melt and water, with building rooftops, pavement, sidewalks and driveways given as examples. The definition states that the total of such area is used in the calculation of lot coverage, so the house, garage, shed, patio and driveway all count toward the same 50% limit.

The same bulk table also limits the maximum building footprint of a primary structure in a nonresidential use to 5,000 square feet in LCR. Section 250-20.5 separately sets a maximum footprint of 160 square feet for an accessory use or structure in all three districts. Those footprint caps work alongside the coverage percentage rather than replacing it.

A property owner who needs more coverage than the table allows applies to the Zoning Board of Appeals for an area variance under § 250-47.3, which covers any dimensional or physical requirement of the chapter. The ZBA considers whether the request is substantial in relation to the requirement, whether the difficulty was self-created, and whether another method can achieve the benefit, then grants the minimum variance it deems necessary. The Code Enforcement Officer administers the chapter for the Village of Hamburg Board of Trustees; the Town of Hamburg code does not control lots inside the village.

Violations & Fines

Covering more of a lot with impervious surface than § 250-20.6 allows violates the Zoning Chapter under § 250-18.2. The Code Enforcement Officer serves a written notice with a 30 day correction period unless the chapter sets another limit. A first offense carries a fine not exceeding $250 or up to 15 days in jail, or both. A second offense within five years carries $250 to $700, and a third carries $700 to $1,000. Each week of continued violation is a separate violation.

Frequently Asked Questions

How much of a lot can be covered in the Village of Hamburg?
Under § 250-20.6, gross impervious surface area is capped at 50% in the SFR, TVR and LCR residential districts. Building rooftops, pavement, sidewalks and driveways all count as impervious under the definition in § 250-51.1, so the cap covers more than the house footprint.
Is there a separate limit on driveways in the front yard?
Yes. Footnote 2 to the bulk table in § 250-20.6 says paved surfaces on residential lots cannot exceed 40% of the front yard area. That limit applies in addition to the 50% gross impervious surface cap for the entire lot.
What counts as impervious surface in the village code?
Section 250-51.1 defines impervious surfaces as surfaces, improvements and structures that cannot effectively infiltrate rainfall, snow melt and water, such as building rooftops, pavement, sidewalks and driveways. It also states that the total of such area is used in the calculation of lot coverage.
What can an owner do if a project goes over the coverage limit?
The owner applies to the Zoning Board of Appeals for an area variance under § 250-47.3. The ZBA weighs the benefit to the applicant against the effect on the neighborhood and grants only the minimum variance it deems necessary. An aggrieved appeal of a Code Enforcement Officer decision must be filed within 30 days under § 250-47.4.

Sources & Official References

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