Hamburg Village, NY Home Business: Home Daycare (2026)

Village of Hamburg Code § 250-23.10 sets the zoning conditions for day-care centers and nursery schools, and Subsection A routes the home version through the home business rules: day cares and nursery schools can be permitted as a home business when the conditions of this section and § 250-23.14 are met. Section 250-23.14A repeats the point, naming home day cares and nursery schools among the businesses allowed at home.

Licensing comes first. Subsection B bars any day care or nursery school without completion of the proper license or registration, where required by NYS or Erie County law.

The setback rules differ by district. In a residential district, all buildings, structures, and areas of organized activity, such as play areas and swimming pools, are prohibited in the front yard, and they keep a setback of at least 25 feet from side and rear property lines. In a nonresidential district, the same buildings, structures, and activity areas keep at least 15 feet from all property lines. Outdoor floodlighting and public-address systems are prohibited in both. Landscaping and screening are set by the reviewing board in site plan review.

The home business rules in § 250-23.14 stack on top. The business is owned and operated by a full-time resident of the dwelling and operates wholly within an enclosed structure. No more than two people not residing in the household report to work at the dwelling. The business is clearly incidental and secondary to the dwelling and occupies no more than 30% of the residence. It cannot change the residential appearance or character of the premises, cannot involve exterior display or storage of materials, goods, supplies, or equipment, and cannot produce noise, dust, vibration, glare, smoke, smell, or other interference. On-site retail sales are prohibited except items clearly incidental to the business. Article 23 takes precedence over conflicting chapter requirements under § 250-23.2C.