Hamburg Village, NY Building Setbacks & Zoning: Structure Height Limits (2026)

The Village of Hamburg Board of Trustees sets residential height in the bulk table of § 250-20.6, which applies to the Single-Family Residential (SFR), Traditional Village Residential (TVR) and Limited Commercial Residential (LCR) districts. A single- or two-family dwelling can rise 35 feet, which the table pairs with 2.5 stories, in each of the three districts. A multifamily dwelling is not listed for SFR or TVR and is capped at 40 feet (3 stories) in LCR. A nonresidential use or structure is held to 35 feet (2.5 stories) in SFR and TVR and 40 feet (3 stories) in LCR. Every accessory use or structure is limited to 15 feet in all three districts.

Footnote 1 explains the two measures: building height is determined in feet, while the visual scale or appearance in height of the structure is determined in stories. Both numbers appear in the table side by side, so the Code Enforcement Officer reads them together. The definition of building height in § 250-51.1 measures the vertical distance from the average elevation of the proposed finished grade at the front of the building to the highest point on the roof for flat roofs, to the deck line of mansard roofs, and to the mean height between the eaves and ridge for gable, hip and gambrel roofs.

Section 250-24.8 lists the exceptions. Nothing in the chapter limits the height of silos, church spires, cupolas, bell, clock, fire and observation towers and essential public utility structures. A radio or television tower, water or cooling tower, oil or gas holder, elevator bulkhead, chimney or similar structure that exceeds the district height limit cannot be erected until a special permit is issued.

A homeowner who needs more height than the table allows applies to the Zoning Board of Appeals for an area variance under § 250-47.3, because height is a dimensional requirement. The ZBA weighs the benefit to the applicant against the detriment to the neighborhood and grants only the minimum variance it deems necessary. These limits belong to the Village of Hamburg Zoning Chapter, not to the separate code of the surrounding Town of Hamburg.