Hamburg City Zoning Code
PART 4
DISTRICT REGULATIONS
§ 27-401 MDR-1 Medium Density Residential - Zone 1.
[Ord. 725-04, 11/8/2004; as amended by Ord. 785-11, 6/27/2011, § 2]
The intent of this zone is to establish a residential area established for one and two family dwellings.
B.
Special Exception Uses. (Subject to the review procedures of § 27-803E.)
(3)
Retail and service establishments, subject to § 27-511, Subsection 4, and the following conditions:
[Amended by Ord. No. 832-18, 2/26/2018]
(a)
Sufficient off-street parking shall be provided in accordance with the applicable off-street parking standards.
(b)
Activities shall be appropriate to the surrounding neighborhood and the normal operation and not result in a nuisance in the discretion of the Zoning Officer.
(c)
Hours of operation shall be limited to those permitted in a residential zoning district.
D.
Permitted Accessory Uses Located On Same Lot With Permitted Principal Uses.
(5)
Other customary uses and structures, provided such are clearly incidental to the primary use and do not include any activity commonly conducted as a business.
E.
Uses Specifically Prohibited, But Not Limited to, in Medium Density Residential — Zone 1.
(1)
Adult only uses.
(2)
Animal husbandry.
(3)
Pet shops.
(4)
Laboratories.
(5)
Accessory structures and nonhabitable structures are not permitted on a vacant lot, unless such accessory structure or nonhabitable structure meets the following exceptions:
(b)
Pools, for personal use, if separated by a street or alley from the lot of same ownership with a primary structure (residence) and the vacant lot is no more than 75 feet from the lot of same ownership with a primary structure (residence) (subject to §§ 27-401M through 27.401O of this chapter). Pools must meet all permitting requirements of the Borough and shall not be erected in any easement or right-of-way.
(6)
Mobile homes/manufactured homes and mobile home parks.
F.
Minimum Lot Area and Width (Primary Structures).
(1)
New Construction Requirements.
Area | Width | ||
|---|---|---|---|
With public water and sewer | 10,000 square feet | 75 feet | |
With on-lot water and sewer | 20,000 square feet | 125 feet |
H.
Structure Setback Requirements.
J.
Home Occupations. Home occupations shall be permitted in the MDR-1 District in accordance with the requirements of § 27-503.
L.
Compliance with General Provisions. All uses within the MDR-1 District shall also be in compliance with the requirements of Part 5 — General Provisions as applicable.
M.
The following restrictions will apply to accessory structures on a vacant lot including, but not limited to, detached garages, carports, and sheds otherwise permitted hereunder in the MDR-1 Zoning District:
(3)
Lot Coverage. The maximum permitted impervious coverage on a vacant lot shall not exceed 25% of the area of the vacant lot in the MDR-1 Zoning District.
(4)
Setback Requirements. The structure setback requirements for non-habitable structures, garage/carport and/or shed on vacant lots in the MDR-1 Zoning District shall be:
(a)
Garage/carport/shed required yards:
Front 30 feet | |
Rear 25 feet | |
Side 8 feet |
(b)
Personal swimming pool required yards:
Front 30 feet | |
Rear 25 feet | |
Side 8 feet |
(c)
Front yard will be determined by the Zoning Officer with consideration given to the orientation of the surrounding community.
(d)
All garage, carport, automotive storage structures must maintain a minimum 12.5-foot setback on the automotive door side.
N.
The following restrictions will apply to an accessory structure on a primary lot that is permitted in the MDR-1 Zoning District:
(1)
No structure shall be erected in any easement or right-of-way.
(2)
Maximum Size. Size of detached nonhabitable structures on a lot is not to exceed a maximum of 1,000 square feet of detached nonhabitable structure. Size of multiple nonhabitable structures is cumulative.
(4)
Lot Coverage. Maximum permitted impervious coverage on lots with a primary structure shall not exceed 30% of the area of the lot in the MDR-1 Zoning District.
O.
All structures in the MDR-1 Zoning District must be built to be compliant with the 2009 International Residential Code or Pennsylvania Uniform Construction Code standards, as amended from time to time.
§ 27-402 MDR-2 Medium Density Residential - Zone 2.
[Ord. 725-04, 11/8/2004; as amended by Ord. 785-11, 6/27/2011, § 3]
The intent of this zone is to establish a residential area for one-, two- and multifamily dwellings with some expanded uses to include listed uses.
A.
Permitted Uses.
[Amended by Ord. No. 832-18, 2/26/2018]
B.
Special Exception Uses (subject to the review procedures of § 27-803E).
(2)
Retail and service establishments, subject to § 27-511, Subsection 4, and the following conditions:
[Amended by Ord. No. 832-18, 2/26/2018]
(a)
Sufficient off-street parking shall be provided in accordance with the applicable off-street parking standards.
(b)
Activities shall be appropriate to the surrounding neighborhood and the normal operation and not result in a nuisance in the discretion of the Zoning Officer.
(c)
Hours of operation shall be limited to those permitted in a residential zoning district.
D.
Permitted Accessory Uses Located on Same Lot with Permitted Principal Uses.
(5)
Other customary uses and structures, provided such are clearly incidental to the primary use and do not include any activity commonly conducted as a business.
E.
Uses Specifically Prohibited, But Not Limited to, in a Medium Density Residential — Zone 2.
(1)
Adult only uses.
(2)
Animal husbandry.
(3)
Pet shops.
(4)
Laboratories (except labs as accessory to the primary use and not exceeding 10% of the use space is permitted).
(5)
Accessory structures and nonhabitable structures are not permitted on a vacant lot, unless such accessory structure or nonhabitable structure meets the following exceptions:
(b)
Pools, for personal use, if separated by a street or alley from the lot of same ownership with a primary structure (residence) and the vacant lot is no more than 75 feet from the lot of same ownership with a primary structure (residence) (subject to §§ 27-401M through 27-401O of this Chapter). Pools must meet all permitting requirements of the Borough and shall not be erected in any easement or right-of-way.
(6)
Mobile homes/manufactured homes and mobile home parks.
F.
Minimum Lot Area and Width (primary structures).
(1)
New construction requirements.
Area | Width | ||
|---|---|---|---|
With public water and sewer | 5,000 square feet | none |
H.
Structure Setback Requirements.
J.
Home Occupations. Home Occupations shall be permitted in the MDR-2 District in accordance with the requirements of § 27-503.
L.
Compliance with General Provisions. All uses within the MDR-2 District shall also be in compliance with the requirements of Part 5 — General Provisions as applicable.
M.
The following restrictions will apply to accessory structures on a vacant lot including, but not limited to, detached garages, carports, and sheds otherwise permitted hereunder in the MDR-2 Zoning District:
(3)
Lot Coverage. The maximum permitted impervious coverage on a vacant lot shall not exceed 25% of the area of the vacant lot in the MDR-2 Zoning District.
(4)
Setback Requirements. The structure setback requirements for nonhabitable structures, garage/carport and/or shed on vacant lots in the MDR-2 Zoning District shall be:
(a)
Garage/carport/shed required yards:
Front 30 feet | |
Rear 25 feet | |
Side 8 feet |
(b)
Personal swimming pool required yards:
Front: 30 feet | |
Rear: 25 feet | |
Side: 8 feet |
(c)
Front yard will be determined by the Zoning Officer with consideration given to the orientation of the surrounding community.
(d)
All garage, carport, and automotive storage structures must maintain a minimum 12.5-foot setback on the automotive door side.
N.
The following restrictions will apply to an accessory structure on a primary lot that is permitted in the MDR-2 Zoning District:
(1)
No structure shall be erected in any easement or right-of-way.
(2)
Maximum Size. Size of detached nonhabitable structures on a lot is not to exceed a maximum of 1,000 square feet of detached nonhabitable structure. Size of multiple nonhabitable structures is cumulative.
(4)
Lot Coverage. Maximum permitted impervious coverage on lots with a primary structure shall not exceed 30% of the area of the lot in the MDR-2 Zoning District.
O.
All structures in the MDR-2 Zoning District must be built to be compliant with the 2009 International Residential Code or Pennsylvania Uniform Construction Code standards, as amended from time to time.
§ 27-403 VC Borough and Village Center - Commercial/Residential.
[Ord. 725-04, 11/8/2004; as amended by Ord. 758-08, 9/22/2008; by Ord. 771-09, 9/28/2009, §§ 4, 5, 6; by Ord. 785-11, 6/27/2011, § 4; by Ord. 796-12, 8/13/2012, § 2; by Ord. No. 832-18, 2/26/2018; by Ord. No. 838-18, 8/27/2018; by Ord. No. 875-2023, 8/22/2023]
The intent of this zone is to permit a mix of residential and commercial uses intended to serve the day-to-day needs of the residents of the Borough and surrounding areas. The density of residential use would depend upon the availability of public sewer and water facilities, parking requirements and compatibility with mixed-use requirements of the effective building and fire codes. The commercial uses would depend upon the availability of public sewer and water facilities, parking requirements and compatibility with mixed-use requirements of the effective building and fire codes. All commercial activities are subject to compliance with general performance standards, § 27-507 of this chapter.
A.
Permitted Uses.
(1)
Amusement centers (including bowling, pool and billiard halls, video, and similar recreational uses).
(2)
(Reserved)
(3)
(Reserved)
(4)
Armory.
(5)
Automotive sales.
(6)
Auto service stations (including auto detailing and repair).
(7)
Banks.
(8)
Brewpub.
(9)
Buildings accessory to permitted uses.
(10)
Business or financial services.
(11)
Churches.
(12)
Colleges.
(13)
Community centers.
(14)
Convenience stores (excluding wholesale sales).
(15)
Cultural and fraternal activities.
(16)
Cultural institutions (such as museums and art galleries).
(17)
Day care.
(18)
(Reserved)
(19)
Fitness centers.
(20)
Funeral homes.
(21)
Health and medical institutions.
(22)
Hotels and motels.
(23)
Theaters, indoor.
(24)
Laundromats.
(25)
(Reserved)
(26)
(Reserved)
(27)
Microbrewery.
(28)
Minor automotive repair.
(29)
Mural.
(30)
Nursing homes.
(31)
Offices.
(32)
Pet shops.
(33)
Places of religious worship.
(34)
Police and Fire Department stations.
(35)
Private garages.
(36)
Public utility.
(37)
Public or private owned and operated parks and playgrounds.
(38)
Public and governmental services.
(39)
Public libraries.
(40)
Public and private parking lots.
(41)
Recreation centers.
(42)
Physical therapy centers.
(43)
Residential uses (but excluding multifamily dwellings).
(44)
Restaurants.
(45)
Retail stores.
(46)
Schools and colleges (excluding colleges or trade schools operated for profit).
(47)
Social halls (nonprofit).
(48)
Strip malls.
(49)
Small retail bakeries.
(50)
Small hardware stores.
(51)
Swimming pools.
(52)
Taverns and cocktail lounges.
(53)
Vocational or trade schools operated for profit.
(54)
(Reserved)
(55)
Storage lockers, ministorage (not to exceed 500 square feet per unit; no hazardous, flammable materials).
(56)
(Reserved)
(57)
(Reserved)
(58)
(Reserved)
(59)
Brewpub.
(60)
Microbrewery.
(61)
(Reserved)
C.
Conditional Uses (subject to the review procedures of § 27-710).
(1)
Medical marijuana dispensary, provided that it shall not be located:
(a)
Within 5,280 feet from a similar facility;
(b)
Five hundred feet from the boundary line of residential zoning district; and
(c)
One thousand three hundred twenty feet from a school, public park, playground, public community center, church, place of worship, homeless shelter, day-care facility, or youth community center.
(2)
Rehabilitation centers (including: halfway houses, addiction treatment facilities and physical therapy centers).
(3)
(Reserved)
(4)
Animal boarding/kenneling facility.
(5)
Animal shelter or pound.
(6)
Dog park.
(7)
Mural.
(8)
Smoke shop or smoking parlor subject to compliance with the following:
(a)
Each smoke shop or smoking parlor shall be located no closer than 1,000 feet from any other smoke shop or smoking parlor;
(b)
A smoke shop or smoking parlor shall not be located within 1,000 feet from a school, public park, playground, public community center, church, place of worship or youth community center;
(c)
Cease operations between the hours of 11:00 p.m. to 10:00 a.m.;
(d)
If smoking/consuming is allowed on premises, adequate ventilation shall be provided which, at a minimum, must prevent smoke and vapors from migrating into adjacent buildings and/or suites and to outdoor public areas;
(e)
If smoking/consuming is allowed on premises, must comply with all current federal, commonwealth and local laws, including, but not limited to, the Clean Indoor Air Act;
(f)
No alcoholic beverages shall be served or consumed on the premises;
D.
Permitted Accessory Uses Located on Same Lot with Permitted Principal Uses.
E.
Uses Specifically Prohibited in a Village Center Zone.
(1)
Adult only uses.
(2)
Animal husbandry.
(3)
A laboratory (except a laboratory as accessory to the primary use and not exceeding 10% of the use space is permitted) that is of a hazardous nature or otherwise classified as a "High-Hazard Group H" according to Section 307 of the International Building Code of 2009, as amended.
F.
Minimum Lot Area and Width (primary structures).
(1)
New construction requirements.
Area | Width | ||
|---|---|---|---|
With public water and sewer | 10,000 square feet | 75 feet | |
With on lot water and sewer | 20,000 square feet | 125 feet |
G.
Maximum Building Coverage and Height.
H.
Structure Setback Requirements. (Must meet building code requirements).
(1)
Primary structure.
Required yards — Front — 3 feet — Rear — 3 feet — Side — 3 feet. |
(2)
Accessory structures.
Required yards — Front — 3 feet — Rear — 3 feet — Side — 3 feet. |
(3)
Note: Setbacks of less than three feet are subject to conditional use approval by the Borough Council.
(4)
Provided, however, that no permitted or accessory building or structure shall be constructed within eight feet of any residential district boundary.
(5)
All lot lines abutting residential districts along the side or rear shall be appropriately screened by fences, walls or year-round planting and/or other suitable enclosures having a minimum height of four feet and a maximum height of six feet.
(6)
Any change in use of a building or space must meet current Borough building code and safety requirements.
(7)
Front will be determined by the Zoning Officer with consideration given to the orientation of the surrounding community.
(8)
All garages, carport, automotive storage structures must maintain a minimum 12.5 feet setback between the automotive door side and the street.
(9)
Fences, walls, hedges and trees may be permitted in required yards as specified in § 27-502 of this Chapter.
(10)
Any preexisting, nonconforming lot of a residential use containing an accessory structure that is less than 28 feet in width may file a written request for exemption from the accessory structure setback requirements set forth above in § 27-403H(2) with the Planning Commission of the Borough. Said request should include the signature of all adjacent property owner(s) indicating that such neighbor(s) have no objection to the exemption from the accessory structure setback requirements set forth above in § 27-403H(2) and the conditional use procedure set forth above in § 27-403H(3). Upon receipt of a written request from a property owner, the Planning Commission shall consider the request and issue a determination at its next regularly scheduled meeting. Said determination shall be made on a case-by-case basis through careful evaluation of the pertinent facts relative to such application. Should the Planning Commission deny such application, the property owner shall maintain the ability to proceed with application for a conditional use as set forth above in § 27-403H(3). The Borough Council of the Borough of Hamburg hereby declares that any decision of the Planning Commission pursuant to this subsection shall not have any precedential value or influence for purposes of subsequent applications pursuant hereto.
K.
Compliance with General Provisions. All uses within the VC District shall also be in compliance with the requirements of Part 5 — General Provisions as applicable.
L.
Mobile Homes/Manufactured Homes.
(1)
Mobile homes/manufactured homes meeting the United States Department of Housing and Urban Development (HUD) code standards can be replaced with newer mobile homes/manufactured homes meeting the HUD code standards.
(2)
Setback Requirements.
Front yard: minimum 30 feet | |
Rear yard: minimum 25 feet | |
Side yard: minimum 6 feet |
§ 27-404 BD Business Development Zone - Commercial/ Industrial.
[Ord. 725-04, 11/8/2004; as amended by Ord. 771-09, 9/28/2009, § 1, 2, 7]
The Business Development Zone is intended for industrial, office, warehouse and commercial uses. New residential uses are not allowed.
A.
Permitted Uses.
(1)
Armory.
(2)
Auto service stations.
(3)
Auto body shops (including auto painting).
(4)
Breweries.
(5)
Buildings accessory to permitted uses.
(6)
Building material supply sales.
(7)
Casting, assembly and fabricating plants.
(8)
Commercial bakeries.
(9)
Commercial printing and publishing.
(10)
Dismantling yards.
(11)
Dry cleaning.
(12)
Machine shops.
(13)
Major automotive repairs.
(14)
Manufacturing.
(15)
Museums.
(16)
Offices.
(17)
Outlets for goods manufactured in the area.
(18)
Police and Fire Department stations.
(19)
Product distribution sales.
(20)
Public utility.
(21)
Public parking lots.
(23)
Research or testing laboratories.
(24)
Existing residential uses (subject to the area, bulk and accessory use requirements of the MDR-2 District).
(25)
Self-storage.
(26)
Stadiums.
(28)
Trucking.
(29)
Vocational or trade schools operated for profit.
(30)
Wood product manufacture and finishing.
(31)
Warehousing.
(32)
Forestry activities.
(34)
Correctional facility (subject to the requirements and general performance standards of § 27-515 of this chapter).
(35)
Regional/large brewery.
[Added by Ord. No. 832-18, 2/26/2018]
(36)
Mural.
[Added by Ord. No. 832-18, 2/26/2018]
C.
Conditional Uses (subject to the review procedures of § 27-710).
(2)
Medical marijuana processor.
[Added by Ord. No. 832-18, 2/26/2018]
(3)
Medical marijuana dispensary, provided that it shall not be located:
[Added by Ord. No. 832-18, 2/26/2018]
(a)
Within 5,280 feet from a similar facility;
(b)
Five hundred feet from the boundary line of residential zoning district; and
(c)
One thousand three hundred twenty feet from a school, public park, playground, public community center, church, place of worship, homeless shelter, day-care facility, or youth community center.
(4)
Animal boarding/kenneling facility.
[Added by Ord. No. 832-18, 2/26/2018]
(5)
Animal shelter or pound.
[Added by Ord. No. 832-18, 2/26/2018]
(6)
Dog park.
[Added by Ord. No. 832-18, 2/26/2018]
F.
Minimum Lot Area and Width (Primary Structures).
(1)
New Construction Requirements:
Area | Width | ||
|---|---|---|---|
With public water and sewer | 10,000 square feet | 75 feet | |
With on lot water and sewer | 20,000 square feet | 125 feet |
G.
Maximum Building Coverage and Height.
H.
Structure Setback Requirements (must meet building code requirements).
(1)
Primary Structure.
Required yards: | |
Front: 3 feet. | |
Rear: 3 feet. | |
Side: 3 feet. |
(2)
Accessory Structures.
Required yards: | |
Front: 3 feet. | |
Rear: 3 feet. | |
Side: 3 feet. |
(3)
Note: Setbacks of less than three feet are subject to conditional use approval by the Borough Council.
(4)
Provided, however, that no permitted or accessory building or structure shall be constructed within 50 feet of any residential district boundary.
(5)
All lot lines abutting residential districts along the side or rear shall be appropriately screened by fences, walls or year-round planting and/or other suitable enclosures having a minimum height of four feet and a maximum height of seven feet.
(6)
Any change in use of a building or space must meet current Borough building code and safety requirements.
(7)
Front will be determined by the Zoning Officer with consideration given to the orientation of the surrounding community.
(8)
All garages, carports, and automotive storage structures must maintain a minimum 12.5-foot setback between the automotive door side and the street.
§ 27-405 IPR Institutional/Public/Recreational.
[Ord. 725-04, 11/8/2004]
The Institutional/Public/Recreational Zone includes public buildings, such as municipal buildings and schools, recreational and municipal parks.
A.
Permitted Uses.
(1)
Armories.
(2)
Buildings and structures accessory to permitted uses.
(3)
Cemeteries.
(4)
Libraries.
(5)
Public owned and operated parks and playgrounds.
(6)
Public and governmental services.
(7)
Public parking lots.
(8)
Swimming pools.
(9)
Forestry activities.
(10)
Mural.
[Added by Ord. No. 832-18, 2/26/2018]
D.
Minimum Lot Size: sufficient to provide space for the main and accessory structures and uses, yards, and off-street parking requirements.
F.
Structure Setback Requirements (must meet building code requirements).
(1)
Primary Structure.
Required yards: | |
Front: 30 feet. | |
Rear: 25 feet. | |
Side: 8 feet. |
(2)
Accessory Structures.
Required yards: | |
Front: 30 feet. | |
Rear: 3 feet. | |
Side: 3 feet. |
(3)
Provided, however, that no permitted or accessory building or structure shall be constructed within eight feet of any residential district boundary.
(4)
All lot lines abutting residential districts along the side or rear shall be appropriately screened by fences, walls or year-round planting and/or other suitable enclosures having a minimum height of four feet and a maximum height of six feet.
§ 27-406 General Business Development Overlay District.
[Ord. 777-10, 7/26/2010]
1.
Specific Intent.
A.
In addition to the BD Business Development District established by this chapter, there shall be established a General Business Development Overlay District.
B.
The General Business Development Overlay District shall not be an independent zoning district but shall be a set of special zoning regulations to be applied over and above the zoning regulations otherwise controlling upon a tract of land, as enabled by and described in Section 605 of the Pennsylvania Municipalities Planning Code. The district upon which the overlay district is superimposed is referred to herein as the "underlying district."
C.
The purpose of this overlay district is to provide a greater variety of business uses within the Borough of Hamburg by permitting certain uses or combinations of uses not otherwise permitted in the underlying district and by permitting a greater spectrum of uses than that which would be otherwise permitted in the underlying district, so as to promote the public health, safety and general welfare of the residents and inhabitants of the Borough.
D.
The General Business Overlay Development District shall be available throughout those portions of the BD Business Development District of the Borough of Hamburg as are more specifically identified on the map, which is attached hereto and incorporated herein by reference as Exhibit A, and the legal description, which is attached hereto and incorporated herein by reference as Exhibit B.[1]
[1]
Editor's Note: Exhibit A and Exhibit B are attached to Ord. 777-10 and on file in the office of the Borough Secretary.
2.
Uses Permitted by Right. Provided that such use complies with all requirements identified in § 27-404, BD Business Development Zone — Commercial/Industrial, and Part 5, General Regulations, of this chapter, land and buildings in the underlying BD Business Development District may be utilized for the following uses:
A.
Amusement centers (including bowling, pool and billiard halls, video and similar recreational uses).
B.
Automotive sales.
C.
Automotive service station (including minor automotive repair).
[Amended by Ord. No. 832-18, 2/26/2018]
D.
Banks.
E.
Business or financial services.
F.
Colleges.
G.
Community centers.
H.
Convenience stores (excluding wholesale sales).
I.
Fitness centers.
J.
Funeral homes.
K.
Health and medical institutions.
L.
Hotels and motels.
M.
Theaters, indoor.
N.
Laundromats.
O.
Pet shops.
P.
Public and governmental services.
Q.
Recreation centers.
R.
Restaurants.
S.
Retail stores.
T.
Strip malls.
U.
Small retail bakeries.
V.
Small hardware stores.
W.
Taverns and cocktail lounges.
X.
Animal boarding/kenneling.
[Added by Ord. No. 832-18, 2/26/2018]