Chapter 27 - Part 12 - C-G, Commercial-General
The purpose of the C G, Commercial Gener¬al District is to provide reasonable standards for the devel¬opment of commercial uses in areas where such uses already exist and where the development of commercial uses is feasi¬ble. These commercial uses would include shopping centers. The standards of this district are designed to minimize traffic congestion on the streets, provide for the public convenience and fulfill the other broad purposes of this Chapter.
(Ord. 84 2, 3/29/1984, §1200)
§1202. PROCEDURAL REQUIREMENTS.
All applications for permits, pursuant to this Part, shall be submitted to the Zoning Officer who shall have the option of submitting such applications to the Planning Commission or to the Township Commissioners for recommendations prior to issuing a permit.
(Ord. 84 2, 3/29/1984, §1201; as amended by Ord. 85 4, 4/2/1985, and Ord. 15-06, 4/2/2015)
§1203. PERMITTED USES.
A building may be erected or used and a lot may be used or occupied for any of the following purposes and no other:
A. Residential Use. For dwellings in existence at the time of the adoption of this Chapter, any residential use may be continued pursuant to the rules governing nonconforming uses. However, after the effective date of this Chapter, no new residential uses shall be permitted. This restriction shall not apply to any dwelling unit for occupancy by a caretaker, if such unit is constructed as part of a commercial building and clearly incidental to the permitted use.
B. Child day care center, private nursery or kindergarten.
C. Public utilities and facilities.
D. Wireless Communications Facilities (WCF) pursuant to Chapter 27, 1818, § et seq.
E. Municipal buildings and/or uses.
F. Theaters, assembly halls, places of amusement, commercial recreation establish¬ments including skating rings, swimming pools, golf driving ranges and outdoor movies and clubs, including health clubs and lodges.
G. Public and semipublic uses such as churches, libraries, schools, recreational facilities.
H. Office buildings and professional offices.
I. Medical and dental clinics and laboratories.
J. Banks, investment brokers and finance agencies.
K. Personal services, such as, but not limited to, barber shops, beauty shops, custom tailor shops, dressmaking, shoemaking and repair shops when primary service or service and sales shops are not manufacturing plants.
L. Commercial uses serving the community including, but not limited to, such uses as professional services, retail drug stores, food sales, wearing apparel shops, department stores, dry goods and notion stores, furniture sales, studios, paint, paperhanging and glass shops, laundry, dry cleaning or dyeing, tailoring, service establishments, including laundry agencies, self-service laundries and hand laundries and convenience stores with or without fuel dispensing facilities.
M. Undertaking parlors and funeral homes.
N. Studios for instruction in music, arts, science, radio and television.
O. Dry cleaning shops, pressing shops or tailoring shops, in which only nonexplo¬sive and nonflammable solvents or other processing materials are used and where no work is done on the premises within said C-G zoning district for retail or wholesale outlets elsewhere, except in the case of dry cleaning shops which perform work or do processing for no more than three other retail outlets owned or operated by the same (common) owner or owners as that of the primary facility, in which case the use of the premises for such work or processing shall be limited to:
(1) The material collected at the primary facility and such three other outlets.
(2) The use above ground level of not more than 6,000 square feet of building area.
(3) Such use shall not be conducted in any ancillary building or structure on the same lot.
(4) The operation of such use shall not be conducted between 10:00 p.m., prevailing time, on one day and 6:00 a.m., prevailing time on the succeeding day.
P. Restaurants, tea rooms, cafes and other similar places serving food or beverages including those offering "in-car," "drive-in" or service outside of the building.
Q. Bakery, candy, pastry, confectionery or ice cream retail sales with minor manufacturing permitted for sales on the premises only.
R. Hotels and motels. [Ord. 2019-17]
S. Private schools conducted for profit.
T. Florists and nurseries.
U. Public or private garages for storage of motor vehicles, public and private off-street parking lots.
V. Motor vehicle repair garage, motor vehicle service stations and automobile and truck washing, motor vehicle body shop, motor vehicle and/or mobile home sales garage and motor vehicle and/or trailer sales lot.
W. Kennels, animal hospitals and pet shops.[Ord. 2017-10] [Ord. 2021-02]
X. Railway or bus passenger stations.
Y. Retailing of building supplies including lumber yards.
Z. Self-service storage facility. [Ord. 98-2]
AA. Under 21 Social Clubs and Establishments, subject to the Special Standards set forth in Part 18, Section 1818. [Ord. 02-03]
BB. Accessory uses on the same lot with and customarily incidental to any of the permitted uses.
CC. Adult Day Care Facilities, subject to the requirements of Section 1821. [Ord. 12-04]
DD. Residential Solar Energy System. [Ord. 13-07]
EE. Non-Residential Solar Energy System. [Ord. 13-07]
FF. Brewpub [Ord. 15-15]
GG. Microbrewery [Ord. 15-15]
HH. Medical Marijuana Dispensary, subject to compliance with all Pennsylvania statutory laws and regulations and Hampden Township zoning and land use requirements.
II. Adult Oriented Businesses. [Ord. 2017-11]
(Ord. 84 2, 3/29/1984, §1202; as amended by Ord. 85 4, 4/2/1985; by Ord. 91-8, 10/1/1991, §1; by Ord. 92-5, 2/4/1992, §10(A); by Ord. 96-2, 8/1/1996, §11; and by Ord. 98-2, 1/5/1998, §1(B); by Ord. 02-03, 8/1/2002, by Ord. 12-04, 06/28/2012, by Ord. 13-07, 08/29/2013, by Ord. 15-15, 11/24/2015, by Ord. 2017-09, 07/27/2017, by Ord. 2017-10, 07/27/2017, by Ord. 2017-11, 07/27/2017; and by Ord. 2019-17, 11/21/2019); by Ord. 2021-02, 4/1/21
§1204. RESTRICTIONS ON PERMITTED USES.
1. All shops and stores shall be so enclosed within a building that no processing or repairing operations will be visible from the front street or from either the front or side street in the case of a corner lot.
2. Any use adjacent to a residential zone boundary line at the side or rear, which conducts any part of its business in any side or rear yard so adjacent, shall erect as a protective screen to a height of not less than 6 feet, a solid painted board fence, masonry wall, or permanent evergreen hedge paralleling the said side or rear zone boundary line.
(Ord. 84 2, 3/29/1984, §1203)
§1205. BUILDING HEIGHT LIMIT.
No building shall be erected to a height in excess of 40 feet; provided, however, that the height limit may be increased 1 foot for each additional foot that the width of each yard exceeds the minimum required. Each and every yard shall exceed the minimum by the number of feet proposed to be added to the maximum height of 40 feet. However, in no case shall the maximum height exceed 45 feet.
(Ord. 84 2, 3/29/84, §1204 and amended by Ord. 15-09, 06/02/2015)
§1206. LOT AREA AND WIDTH.
1. For nonresidential lots with public sewer, the area and frontage requirements shall be not less than 10,000 square feet and lot width of not less than 100 feet at the street line.
2. For nonresidential lots without public sewer, the area and frontage requirements shall be not less than 30,000 square feet and lot width of not less than 150 feet at the street line.
3. For permitted residential uses and conversion apartments, the lot area shall be not less than the following:
A. One dwelling unit - 4,000 square feet.
B. Two dwelling units - 7,000 square feet.
C. Three dwelling units - 9,000 square feet.
D. Four dwelling units - 12,000 square feet.
E. For each additional dwelling unit - 1,000 square feet.
(Ord. 84 2, 3/29/1984, §1205)
§1207. LOT COVERAGE.
1. The maximum coverage of any lot in this zoning district shall be 75% of the total area of said lot less any addi¬tional area required to be free of impervious material as part of the stormwater management facilities required by this Township. [Ord. 92-5]
2. Any portion of a lot not covered with impervious material and not required to be otherwise developed as part of the stormwater management facilities required by this Township shall be planted and maintained with vegetative material.
(Ord. 84 2, 3/29/84, §1206; as amended by Ord. 85-4, 4/2/85; as amended by Ord. 92-5, 2/4/1995, §10(B))
§1208. YARD REGULATIONS.
Each lot shall have front, side and rear yards of not less than the depth or width indicated below:
A. Front yard 35 feet.
B. Side yards 10 feet each, provided that pursuant to mutual written agreement with the adjoining property owners, no side yard shall be required where two or more commercial uses adjoin side to side; however, in no case shall common walls be permitted between properties of separate ownership. Notwithstanding the above, in the case of a series of adjoining structures abutting and paralleling a public right of way, an open and unob¬structed passage of at least 20 feet in width shall be provided at grade level at intervals of not more than 200 feet.
C. Rear yard 30 feet.
(Ord. 84 2, 3/29/1984, §1207)
§1209. BUFFER YARDS.
Along any residential district boundary line or when the commercial use abuts an existing residential use, a buffer yard shall be provided which shall be not less than 20 feet in width measured from such boundary line or from the street right of way line where such street constitutes the district boundary line, and which shall be established and planted in accordance with the provisions of Part 17, §1702, "General Regulations."
(Ord. 84 2, 3/29/1984, §1208; as amended by Ord. 85 4, 4/2/1985)
§1210. ACCESSORY BUILDINGS.
1. No accessory building shall be permitted in the front yard.
2. An accessory building shall not exceed one story in height or 15 feet.
(Ord. 84 2, 3/29/1984, §1209)
§1211. OFF STREET PARKING.
1. Off street parking shall be provided in accordance with Part 20, "Off Street Parking."
2. All parking shall be located at least 10 feet away from any street right of way line. Curbing shall be installed to enforce this requirement.
§1212 CONDITIONAL USES.
The following conditional uses and no others may be allowed by the Hampden Township Board of Commissioners after recommendation by the Planning Commission, pursuant to the express standards and criteria set forth in Part 19 of this Chapter and those set forth below:
A. Multi-Vendor Open Air Markets. Such conditional uses shall be subject to the following additional criteria:
(1) No booths, stalls, tables, display areas or sanitary facilities shall be placed or maintained within any required setback area.
(2) All items and personal property shall be stored indoors in a permanent structure when the market is not open for business or removed from the premises at the close of each business day.
(3) A sketch plan shall be submitted for approval by the Board of Commissioners depicting the location and dimension of vendor sales and/or display and parking areas, which areas shall be located on the premises to facilitate safe and convenient vehicular and pedestrian circulation.
(4) All parking required by the use shall be provided on-site, located in approved designated areas and shall be arranged to ensure safe and convenient vehicular and pedestrian circulation.
(5) There shall be no sales or displays from vehicles, trucks, recreational vehicles or any other motor vehicle or trailer or the parking of such vehicles or trailers in the sale and/or display areas.
(6) Multi-vendor open air markets shall only be operated during daylight hours.
(7) There shall be adequate on-site restroom facilities, including handicapped accessible facilities.
(8) The minimum number of on-site parking spaces provided shall be the greater of three spaces per vendor or two spaces per 150 square feet of sales and/or display area.
B. Multi-Vendor Indoor Markets. Such conditional uses shall be subject to the following additional criteria.
(1) A sketch plan shall be submitted for approval by the Board of Commissioners depicting the location and dimension of vendor sales and/or display areas, which areas shall be located on the premises to facilitate safe and convenient pedestrian circulation.
(2) All parking required by the use shall be provided on-site, located in approved designated areas and shall be arranged to ensure safe and convenient vehicular and pedestrian circulation.
(3) The minimum number of on-site parking spaces provided shall be the greater of three spaces per vendor or two spaces per 150 square feet of sales and/or display area.
C. Medical Clinics-Limited
(Ord. 84 2, 3/29/84, §1210; as amended by Ord. 92 5, 2/4/1992, §10(C); by Ord. 06-04, 04/02/2006, §2; and by Ord. 08-07, 06/26/2008, §4)
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