(1)

NC Neighborhood commercial. The neighborhood commercial district (NC) coincides with the "suburban center" and "mixed-use neighborhood" character areas in chapter 3 of the Millersville Land Use Plan and is intended to accommodate the recurring household needs and personal service requirements of nearby residential areas. This includes convenience retail and service establishments. These districts would typically be located at major intersections and would be well screened from neighboring homes and would conform architecturally to those homes.

(2)

O Office. The office commercial district (o) coincides with portions of the "employment center, suburban center, and regional activity center" character area in chapter 3 of the Millersville Land Use Plan and is intended to accommodate low intensity uses that provide daytime jobs and employment including professional offices, general business services, office parks, hospital, and medical clinics. Uses that support and serve these uses are also encouraged to locate in these districts.

(3)

OTC Reserved.

(4)

MXC Mixed commercial. The mixed commercial district (MXC) coincides with the "regional activity center and suburban center" character area in chapter 3 of the Millersville Land Use Plan and is intended to accommodate a wide variety of and/or combination of uses including retail and office, as well as residential. This district is also intended to accommodate large scale developments that are generally located near major transportation corridors and draw people from outside the city for shopping and employment. This district is permitted only with a planned development overlay plan as per article VIII (planned development districts).

(5)

GC General commercial. The general commercial district (GC) coincides with the "suburban center" character area in chapter 3 of the Millersville Land Use Plan and is intended to accommodate professional office uses, retail uses, restaurants, hotels, and other general commercial uses. Complimentary institutional uses are also allowed.

(6)

HC Heavy commercial. The heavy commercial district (HC) coincides with the "suburban center" and portions of the "employment center" character area in chapter 3 of the Millersville Land Use Plan and is intended to provide appropriate locations for specialized general commercial uses, including contractor storage yards and a variety of business services, which are oriented toward supporting other retail goods and personal service establishments, and not necessarily focused upon the shopping public. Areas within this district should have direct access to major streets and be generally situated in locations removed or buffered from residential uses.

(7)

I Industrial. The industrial district (I) coincides with portions of the "employment center" character area in chapter 3 of the Millersville Land Use Plan and is intended to accommodate light manufacturing, warehouse, and distribution.

(8)

MXR Mixed residential. The mixed residential district (MXR) coincides with the "mixed-use neighborhood" character area in chapter 3 of the Millersville Land Use Plan and is intended to accommodate developments that are master planned to include a variety of residential dwelling types along with commercial uses that serve the neighborhood. Complimentary institutional uses are also allowed. The uses in these districts should be integrated in such a way that all types of uses work together to create a cohesive development. This district is permitted only with a planned development overlay as per article VIII (planned development districts).

(Ord. No. 20-744, § 7.1, 6-1-2020)

Table 5: Commercial districts: Permitted and conditional uses lists permitted and conditional uses for the commercial districts. A "P" indicates that a use is permitted within that district. A "C" indicates that a use is a conditional use in that district and must obtain conditional use approval as required in section 90-45 (conditional use). No letter (i.e., a blank space), or the absence of the use from the table, indicates that use is not permitted within that district. For unlisted uses, see section 90-83 (interpretation of unlisted uses).

NOTES:

¹

The terms in this column ("use") are defined in article XVI (definitions).

²

Rezoning to this district requires a planned development overlay plan as per article VIII.

³

Dwellings are only permitted above commercial and other permitted non-residential uses.

⁴

The gross building area used for this use may not exceed 5,000 square feet.

⁵

New car dealerships only (with accessory used car sales and service).

⁶

New stand-alone used car lots are excluded from the definition of motor vehicle dealership. Existing used card lots may continue to operate provided there is not a change in business and/or property ownership.

⁷

Retail, printing, and restaurant (except drive-through) uses are permitted within the o district within office buildings and in separate buildings within office parks provided the total area of such uses does not exceed 15 percent of the total constructed and occupied area within the office building or park.

⁸

The gross building area used for this use may not exceed 10,000 square feet, except that the board of zoning appeals may grant a conditional use permit to allow up to 25,000 square feet.

⁹

The gross building area used for this use may not exceed 35,000 square feet.

¹⁰

Outside material storage shall be in accordance with subsection 90-144(14). Heavy equipment such as back hoes, bulldozers, dump trucks, trailers, graders, scrapers, and the like shall be screened from view from all streets by landscaping and/or fencing. See section 90-144.

¹¹

Not exceeding one acre.

¹²

The storage and warehousing of chemicals, petroleum products, explosives, and other hazardous materials in quantities such that Millersville's Building Code classifies said storage and warehousing as "hazardous" shall only be allowed with the approval of a conditional use permit.

¹³

No beer or alcohol sales or consumption. Closed between 9:00 p.m. and 6:00 a.m.

¹⁴

See also subsection 90-124(22) (solar panels) for solar panels allowed as an accessory use.

¹⁵

See Ordinance 2014-20 for restrictions.

(Ord. No. 20-744, § 7.2, 6-1-2020)

(1)

Procedure for approving unlisted uses. Where a particular use is not specifically listed in a use table, the planning director may permit the use upon a finding that the standards of subsection (2) (standards for approving unlisted uses) are met. The planning director shall give due consideration to the purpose and intent statements in this article concerning the base zoning district involved, the character of the uses specifically identified, and the character of the use in question.

(2)

Standards for approving unlisted uses. The planning director is authorized to declare an unlisted use as a permitted or conditional use if the planning director determines that the unlisted use has an impact that is similar in nature, function, and duration to the other uses allowed in a specific zoning district. To make this determination, the planning director shall assess all relevant characteristics of the proposed use, including, but not limited to, the following:

(a)

The volume and type of sales, retail, wholesale, etc.;

(b)

The size and type of items sold and nature of inventory on the premises;

(c)

Any processing done on the premises, including assembly, manufacturing, warehousing, shipping, and distribution;

(d)

Any dangerous, hazardous, toxic, or explosive materials used in the processing;

(e)

The nature and location of storage and outdoor display of merchandise, whether enclosed, open, inside or outside the principal building, predominant types of items stored (such as business vehicles, work-in process, inventory, merchandise, construction materials, scrap and junk, and raw materials, including liquids and powders);

(f)

The type, size, and nature of buildings and structures;

(g)

The number and density of employees and customers per unit area of site in relation to business hours and employment shifts;

(h)

Transportation requirements, including the modal split for people and freight, by volume type and characteristic of traffic generation to and from the site;

(i)

Trip purposes and whether trip purposes can be shared by the other uses on the site;

(j)

Parking requirements, turnover and generation, ratio of the number of spaces required per unit area or activity, and the potential for shared parking with other uses;

(k)

The amount and nature of any nuisances generated on the premises, including, but not limited to, noise, smoke, odor, glare, vibration, radiation, and fumes;

(l)

Any special public utility requirements for serving the proposed use, including, but not limited to, water supply, wastewater output, pre-treatment of wastes and emissions required or recommended, and any significant power structures and communications towers or facilities; and

(m)

The impact on adjacent lands created by the proposed uses, which should not be greater than that of other uses in the zoning district.

(3)

Effects of finding by planning department. In making the determination described in subsection (1) (procedure for approving unlisted uses), the planning director shall report the determination to the planning commission within 60 days for ratification or rejection, and if it is determined the particular use is likely to be common or to recur frequently, or that omission of specific inclusion and reference in the use table is like to lead to public uncertainty and confusion, the planning commission shall, within one year, proceed to amend table 3 and/or 5 accordingly. Until ratification or rejection by the planning commission, the interpretation of the planning director shall be binding, and permits may be issued, and shall remain valid even if the action by the planning department is reversed. Aggrieved parties may apply for a zoning amendment in accordance with section 90-48 (zoning amendment).

(Ord. No. 20-744, § 7.3, 6-1-2020)

(1)

Lot and building bulk standards. Table 6 (lot and building bulk standards commercial districts) establishes minimum lot area, maximum building height, maximum lot coverage, minimum pervious areas, and minimum yards/building setback standards for the commercial and industrial districts. horizontal property regimes (HPR) shall also comply with all of these standards. Each HPR unit with such regime shall be provided with sufficient open space around each unit to provide the area, width, lot coverage, and yard specified in table 5. These standards apply to the base districts only. See article VIII, table 10 for lot and building bulk standards in a commercial planned development overlay district. See section 90-125 (permitted encroachments and height exceptions) for allowed yard encroachments and height exceptions. Variances may be granted to the lot and building standards specified by this section. See section 90-44 (variances) for procedures and criteria.

NOTES:

¹

Development plan required for MXC and MXR.

²

This table does not apply to residential uses allowed in this zone "above commercial uses". Refer to article VI, table 4.

³

Where bordering a residential district, the restriction of the residential district shall apply.

⁴

See subsection 90-173(7)(d) and table 16 (building placement, height, and massing).

⁵

Must conform to city's building code and fire code.

⁶

Where nonresidential is bordering a residential zone or area, provide buffer/screen as specified by subsection 90-144(10) (buffer yards).

⁷

Horizontal property regime (HPR) shall observe all setback, lot widths, and standards listed in this chart and subsection 90-122(3).

⁸

The maximum density for vacation rental is 15 units per acre.

(2)

Special height standards. Along any residential district boundary adjoining any commercial district which permits greater height, no building with the commercial district shall project through imaginary places leaning inward from district boundaries at an angle representing an increase of one-half foot in height for each foot of horizontal distance perpendicular to the boundary.

(Ord. No. 20-744, § 7.4, 6-1-2020)

(1)

Supplemental standards. See article X (supplemental standards) for standards governing use of land and buildings, specific uses, accessory uses, buildings and structures, encroachments (setback and height), and temporary uses and structures.

(2)

Site development standards. See article XI (site development standards) for standards governing off-street parking and loading, outdoor lighting, landscaping, screening and tree preservation, residential subdivision and multi-family development entry ways, walls and fencing, utility service, and street and other required improvements.

(3)

Building design standards. See article XII (building design standards) for standards governing building design.

(4)

Signs. See article XIII (signs) for standards governing signs.

(Ord. No. 20-744, § 7.5, 6-1-2020)