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Hummelstown City Zoning Code

PART 12

"C-W" COMMERCIAL DISTRICT: WAREHOUSING

§ 27-1201 Purpose.

[Ord. 88-7, 5/12/1988; as amended by Ord. 2011-3, 11/17/2011, § 1]
The Commercial-Warehousing District is intended to provide a suitable environment for certain types of commercial uses that can be located adjacent to other commercial and residential districts without undue harmful effects. This District would be limited to commercial uses that would minimize air pollution, noise, glare, heat, vibration, fire and safety hazards and continuous traffic flow. To promote and encourage reinvestment and redevelopment of vacant or under-utilized buildings or land, with residential uses permitted subject to specific criteria as set forth in §§ 27-1209 and 27-1210.

§ 27-1202 Permitted Uses.

[Ord. 88-7, 5/12/1988; as amended by Ord. 92-3, 8/20/1992, § 5; by Ord. 2001-3, 10/18/2001, § 2; and by Ord. 2011-3, 11/17/2011, § 1]
1. 
All uses permitted in the Commercial-General District (C-G) provided a residential use shall be permitted only when accessory and incidental to a permitted nonresidential use.
2. 
Any form of agriculture or horticulture.
3. 
Laboratories, printing or bookbinding.
4. 
The manufacturing, compounding, assembling or storage of such products as bakery goods, candy, dairy products and food products, except fish and meat products, sauerkraut, vinegar and the rendering or refining of fats and oils.
5. 
The manufacturing of pottery and figurines or other similar ceramic products, using only clay and kilns fired by electric or gas.
6. 
Wholesale businesses and warehouses.
7. 
Woodworking.
8. 
Auto body, painting shops and automobile washing.
9. 
Uses and buildings customarily accessory and incidental to any permitted use.
10. 
The above permitted uses shall be permitted only under the following conditions:
A. 
Such stores, shops and businesses shall except those permitted in Subsection 2 above, be conducted within an enclosed building.
B. 
Such uses, operations or products are not obnoxious or offensive by reason of the emission of gas, odor, dust, smoke, noise, vibration, refuse matter or other causes in accordance with Part 14 herein.
C. 
Such uses and/or buildings used in the storage of flammable and combustible liquids; the handling, processing and storage of hazardous substances; and the temporary and permanent storage of hazardous waste, shall be permitted in accordance with standards and criteria as set forth in Part 14 herein.
11. 
(Reserved)[1]
[1]
Editor's Note: Former Subsection 11, regarding personal wireless service facilities attached to certain tall structures, was repealed by Ord. 2016-1, 7/21/2016.
12. 
Non-tower WCF, which fall under the Pennsylvania Wireless Broadband Collocation Act,[2] subject to the conditions of Part 22 herein.
[Amended by Ord. 2016-1, 7/21/2016]
[2]
Editor's Note: See 53 P.S. § 11702.1 et seq.
13. 
Apartment dwellings-subject to the criteria as set forth in § 27-1209 herein.
14. 
Municipal uses, public libraries, firehouses and museums.
15. 
Signs, when erected and maintained in accordance with Part 18 herein.
16. 
Banquet hall.
[Added by Ord. No. 2017-4, 11/16/2017]
17. 
Automobile sales.
[Added by Ord. No. 2017-4, 11/16/2017]
18. 
Metal fabrication and machine shops.
[Added by Ord. No. 2017-4, 11/16/2017]
19. 
Retail bakery.
[Added by Ord. No. 2017-4, 11/16/2017]
20. 
Wholesale bakery.
[Added by Ord. No. 2017-4, 11/16/2017]
21. 
Medical marijuana academic clinical research centers.
[Added by Ord. No. 2019-3, 8/15/2019]
22. 
Medical marijuana grower/processors.
[Added by Ord. No. 2019-3, 8/15/2019]
23. 
Medical marijuana transport vehicle offices.
[Added by Ord. No. 2019-3, 8/15/2019]
24. 
Medical marijuana dispensaries.
[Added by Ord. No. 2019-3, 8/15/2019]
25. 
Cigar shops and lounges.
[Added Ord. No. 2022-2, 6/16/2022]

§ 27-1203 Special Exceptions and Conditional Uses.

[Ord. 88-7, 5/12/1988; as amended by Ord. 2001-3, 10/18/2001, § 6]
1. 
Special Exceptions. The following special exceptions may be permitted by the Zoning Hearing Board, following review and comment by the Planning Commission, pursuant to standards and criteria as set forth in Part 21 herein.
A. 
Drive-in type establishment.
B. 
Commercial uses which require outside storage.
C. 
Wind energy conversion systems (WECS).
D. 
Radio and television antennas.
2. 
Conditional Uses. The following may be permitted by the Borough Council following review and recommendations by the Planning Commission, pursuant to the standards and criteria as set forth in Part 21:
A. 
Tower-based WCF, and non-tower WCF that do not fall under the Pennsylvania Wireless Broadband Collocation Act,[1] subject to the conditions of Part 22 herein.
[Amended by Ord. 2016-1, 7/21/2016]
[1]
Editor's Note: See 53 P.S. § 11702.1 et seq.

§ 27-1204 Height Regulations.

[Ord. 88-7, 5/12/1988; as amended by Ord. 2011-3, 11/17/2011, § 1]
1. 
The height of a nonresidential building shall not exceed 40 feet or three habitable stories for residential uses, whichever is greater.
2. 
The height of an accessory building shall not exceed 15 feet.
3. 
Building height may be increased in accordance with Part 14, § 27-1402, Subsection 1, herein.

§ 27-1205 Lot Area and Width Regulations.

[Ord. 88-7, 5/12/1988; as amended by Ord. 2011-3, 11/17/2011, § 1]
Minimum lot area and width for nonresidential uses shall be based upon required setbacks, coverage, parking, loading/unloading and other applicable standards. For residential uses, the minimum lot area and lot width set forth in § 27-725, Subsection 1A, herein shall apply.

§ 27-1206 Yard Regulations.

[Ord. 88-7, 5/12/1988; as amended by Ord. 2011-3, 11/17/2011, § 1]
Each lot shall have front, side and rear yards of not less than the depth or width indicated below:
1. 
Front Yard. There shall be a front setback line determined as follows: Where buildings exist in the same block on either side of the street, the setback line of the building to be constructed shall be at least the average of building constructed within the same block. In measuring to determine said building line, open porches shall not be construed as part of the building. In blocks where no buildings exist on either side of the street, the setback line of the building shall be 15 feet. In the case of a corner lot, there shall be two front yards.
2. 
Side yards. On an interior lot, the minimum side yard setback shall be 10 feet. No side yard shall be required where structures abut one another, provided that a written agreement is entered into by such property owners and submitted to the Zoning Officer. However, in no case shall common party walls be permitted between properties of separate ownership.
3. 
Rear yard. The rear yard depth shall be no less than 30 feet.
4. 
Buffer yards/screen plantings shall be provided in accordance with Part 14 herein.
5. 
Interior Yards. When multiple buildings are located on the same lot, such buildings shall be separated by a minimum of 15 feet.
6. 
For permitted yard reductions, refer to Part 14 herein.

§ 27-1207 Coverage Regulations.

[Ord. 88-7, 5/12/1988; as amended by Ord. 2011-3, 11/17/2011, § 1]
1. 
Lot coverage shall not exceed 60% for nonresidential uses and 80% for residential uses.
2. 
At least 10% of the lot area shall be maintained in a vegetative cover.

§ 27-1208 Off-Street Parking/Access and Loading/Unloading.

[Ord. 88-7, 5/12/1988]
Off-street parking/access and loading/unloading shall be provided in accordance with Parts 17 and 19 herein.

§ 27-1209 Criteria For Permitting Residential Uses.

[Ord. 88-7, 5/12/1988; as added by Ord. 2011-3, 11/17/2011, § 1]
1. 
Residential uses shall be permitted on lots within the Commercial-Warehousing (C-W) District only when:
A. 
A land development plan for residential uses pursuant to this section is submitted, and total area of land proposed to be developed or used for such residential uses and development is equal to or exceeds four gross acres. Such acreage may include multiple lots provided that all such lots comprise one contiguous land area. Lots that are separated by a public or private right-of-way shall be deemed to be contiguous.
B. 
Such contiguous land area shown on the above land development plan contains or has contained within five years preceding submission of such land development plan, at least one vacant building exceeding 15,000 square feet in floor area that was used previously for any commercial or warehousing use or purpose.

§ 27-1210 Density.

[Ord. 88-7, 5/12/1988; as added by Ord. 2011-3, 11/17/2011, § 1]
The gross density for residential uses, when permitted, in the Commercial-Warehousing District shall not exceed the maximum densities permitted under § 27-726 herein (based upon the type of residential dwelling).