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Hamburg Village, NY Building Setbacks & Zoning: Setback Rules (2026)

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

Key Facts

Front yard, SFR and TVR
25 feet for a residential primary structure
Front yard, LCR
15 feet for a residential primary structure
Side yard, primary
6 feet in SFR, TVR and LCR
Rear yard, primary
30 feet in SFR, TVR and LCR
Accessory side and rear yard
3 feet in each district
Relief
Area variance from the ZBA under § 250-47.3
First offense fine
Up to $250 or 15 days, or both

Summary

In the Village of Hamburg, New York, the Board of Trustees fixes yard minimums for the SFR, TVR and LCR residential districts in § 250-20.5. A primary building needs a 25 foot front yard in SFR and TVR and 15 feet in LCR, a 6 foot side yard, and a 30 foot rear yard.

§ 250-20.5. Dimensional requirements. The following dimensional requirements shall apply to residential districts as noted. Requirement SFR TVR LCR ... Minimum ... front yard2, 3 Primary use or structure, residential 25 feet 25 feet 15 feet Primary use or structure, nonresidential — 25 feet 15 feet Minimum side yard3 Primary use or structure 6 feet 6 feet 6 feet Accessory use or structure 3 feet 3 feet 3 feet Minimum rear yard3 Primary use or structure 30 feet 30 feet 30 feet Accessory use or structure 3 feet 3 feet 3 feet ... 2 Or the established setback of the block, which is most consistent with the rhythm of the neighborhood. 3 For swimming pool setbacks, see § 250-23.4B(6).

Full Breakdown

The Village of Hamburg Zoning Chapter lists three residential districts in § 250-20.1: Single-Family Residential (SFR), Traditional Village Residential (TVR) and Limited Commercial Residential (LCR). Section 250-20.5 then sets one dimensional table for all three. The minimum front yard for a residential primary use or structure is 25 feet in SFR, 25 feet in TVR and 15 feet in LCR. A nonresidential primary use has no front yard figure in SFR, 25 feet in TVR and 15 feet in LCR. Footnote 2 lets the established setback of the block replace the number when that setback is most consistent with the rhythm of the neighborhood.

Side yards are 6 feet for a primary use or structure in every one of the three districts. Accessory uses and structures drop to 3 feet on the side and 3 feet in the rear. The rear yard for a primary use or structure is 30 feet in SFR, TVR and LCR alike. Footnote 3 sends swimming pool setbacks to § 250-23.4B(6), so a pool follows its own rule rather than this table.

Other sections in Article 24 adjust how those numbers work on the ground. Under § 250-24.5, any yard with frontage to a street counts as a front yard, but only one front yard must meet the full minimum depth; every other front yard must either equal the minimum or be at least 20 feet deep, whichever is less. Under § 250-24.6, required yards stay open from the ground to the sky, except for sills, cornices, pilasters, chimneys and eaves, and none of those can extend more than three feet into a required yard. Section 250-24.7 also keeps a 30 foot triangle at street corners clear of obstructions between three feet and 10 feet above grade.

A owner who cannot meet a setback 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 detriment to the neighborhood, asks whether the request is substantial in relation to the requirement, and must grant only the minimum variance it deems necessary. The Code Enforcement Officer administers the chapter. These are Village of Hamburg rules adopted by the Board of Trustees; the surrounding Town of Hamburg has its own separate code that does not apply inside the village.

Violations & Fines

Building closer to a lot line than § 250-20.5 allows is a violation of the Zoning Chapter under § 250-18.2. The Code Enforcement Officer serves a written notice of violation 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 counts as a separate violation.

Frequently Asked Questions

How far back from the street must a house sit in the Village of Hamburg?
Under § 250-20.5, a residential primary structure needs a 25 foot front yard in the SFR and TVR districts and a 15 foot front yard in the LCR district. Footnote 2 allows the established setback of the block to apply instead when it is most consistent with the rhythm of the neighborhood.
What side and rear setbacks apply to a shed or garage in the village?
An accessory use or structure needs a 3 foot minimum side yard and a 3 foot minimum rear yard in SFR, TVR and LCR under § 250-20.5. Primary buildings need 6 feet on the side and 30 feet in the rear. Pools are handled separately by § 250-23.4B(6).
How is a corner lot treated under the Village of Hamburg Zoning Chapter?
Section 250-24.5 treats any yard with frontage to a street as a front yard. Only one of them must meet the full minimum depth. Each other front yard must either equal the minimum or be at least 20 feet deep, whichever is less.
Who can approve a setback that falls short of the table?
The Zoning Board of Appeals decides area variances under § 250-47.3. It considers whether the request is substantial, whether the difficulty was self-created and whether another method exists, then grants only the minimum variance it deems necessary. An appeal of a Code Enforcement Officer decision must be filed within 30 days under § 250-47.4.

Sources & Official References

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