Southtowns Record

Town Board Regular Meeting Agenda, Apr 13, 2026 — Agenda

Government
Town of Hamburg
Board
Town Board
Meeting
Apr 13, 2026
Kind
Agenda
Topics
Zoning and land use, Public safety, Water, sewer and drainage, Budget and taxes, Roads and traffic, Parks and recreation

Original document

Same meeting

Text · page 73 of 146

Read the whole document on one page (all 146 pages, each with its own heading)

C-2 General Commercial District.

E.  A special use permit issued for a smoke shop or vape shop is not transferable to a new owner or
  operator. The new owner or operator of the smoke shop or tobacco retailer must file a new application
  in accordance with the terms of this chapter if such property is to continue to be used as a smoke shop
  or tobacco retail operation.

F.  It is unlawful for a smoke shop or vape shop to knowingly allow or permit a minor, not accompanied
  by his or her parent or legal guardian, to enter or remain within any smoke shop.

G.  Each and every smoke shop or vape shop shall post clear signage stating that minors may not enter
  the premises unless accompanied by a parent or legal guardian. One said sign, measuring
  approximately 144 square inches, shall be placed in a conspicuous location near each public entrance.
  It shall be unlawful for a smoke shop or vape shop to fail to display and maintain, or fail to cause to
  be displayed or maintained, said signage.
H.  All smoke shops and vape shops must comply with the sign regulations (Article XXXVI Sign
  Regulations) contained in the Town Code.

§ 280-432. Location.

A.  A smoke shop or vape shop shall be allowable only within the C-2 General Commercial District,
  subject to the issuance of a special use permit, and subject to the regulations set forth herein.
B.  No smoke shop or vape shop shall be permitted within 500 feet of another smoke shop or vape shop.

C.  No smoke shop or vape shop shall be permitted within 500 feet of a school, nursery school, day care,
  playground, public library, municipal park, or other similar uses where children regularly gather at
  the discretion of the Supervising Code Enforcement Officer.
D.  No smoke shop or vape shop shall be permitted within 500 feet of the lot line of any lot zoned for residential
  use.
E.  No smoke shop or vape shop shall be permitted within 500 feet of a house of worship.

F.  Said distances shall be measured from property line to property line.

§ 280-433. Existing smoke shops or vape shops.

The provisions of Article XLI of Chapter 280 of the Town Code concerning nonconforming uses in existence
at the time of the adoption of this chapter shall apply to smoke shops or vape shops. In addition to the provisions
of Article XLI of Chapter 280 of the Town Code, if there is any change in the ownership of an existing smoke
shop or vape shop after the adoption of this chapter, then any further use of such property as a smoke shop or
vape shop shall be required to conform to this chapter and be required to apply for a special use permit, as
applicable. No existing smoke shop or vape shop shall be permitted to expand the square footage of its existing
footprint without conforming to this chapter and obtaining a special use permit, as applicable.

§ 280-434. Enforcement.

Any violation of this article shall be subject to the same enforcement requirements, including the civil and
criminal penalties, provided for in the zoning or land use regulations of the Town. This article shall be
enforced by the Town of Hamburg Code Enforcement Department, the Town of Hamburg Police
Department, and/or the New York State Police.

§ 280-435. Severability.

The invalidity or unenforceability of any section, subsection, paragraph, sentence, clause, provision, or phrase
of the aforementioned sections, as declared by the valid judgement of any court of competent jurisdiction to

  73