Mount Joy Township City Zoning Code
ARTICLE XIII
C-1 – Limited Commercial District
§ 135-121 District purpose.
[Amended 3-16-2015 by Ord. No. 293-2015]
The purpose of the Limited Commercial District is to provide for the orderly development of office and light commercial uses in areas that are particularly sensitive because of traffic capacity limitations, lack of public utilities, natural features and/or closeness to residential neighborhoods and/or agricultural areas. The district seeks to promote development that is better suited for the infrastructure available to these locations and to properly manage business development to be compatible with neighboring uses in accordance with the Regional Strategic Plan. This district allows existing small-scale commercial uses to continue outside of the designated growth area.
§ 135-122 Permitted-by-right uses.
Permitted-by-right uses shall be as follows:
A.
Banks and other financial institutions. Drive-through facilities shall be permitted subject to § 135-255.
B.
Business and professional offices with a maximum floor area of 20,000 square feet, excluding office parks.
C.
Retail sales of goods and services, including motor vehicle parts without installation, and excluding the following: 1) stores in excess of 10,000 square feet of floor area; 2) shopping centers; 3) vehicular fuel pumps and 4) vendor displays and sales uses such as flea markets.
D.
Personal service shops, including tailor, barber- or beauty shop, dressmaking, shoe repair or similar shop, excluding shopping centers.
E.
Municipal uses.
F.
Emergency services.
G.
Medical and dental clinics.
H.
Veterinary offices and animal adoption centers, excluding kennel facilities.
[Amended 8-15-2016 by Ord. No. 305-2016]
I.
Studios or galleries for teaching, dancing, art, music or similar cultural pursuits.
J.
Libraries and museums with a maximum building size of 20,000 square feet.
K.
Restaurants and taverns, excluding drive-through restaurants.
L.
Child or adult day-care centers as an accessory or principal use.
M.
Places of worship, in accordance with § 135-251, with a maximum floor area of 20,000 square feet.
N.
Nursing homes or personal care centers, meeting § 135-248, with a maximum floor area of 20,000 square feet.
O.
Community centers, with a maximum building size of 20,000 square feet.
R.
Exercise clubs.
S.
Publicly or privately owned recreation facilities.
U.
Accessory uses customarily incidental to the above permitted uses.
W.
Forestry and related uses; provided that the applicant provides copies of the permits and approvals from the DEP, and/or any other applicable state or federal permit authorizing such use to occur.
§ 135-123 Special exception uses.
The following uses are permitted when special exceptions are granted by written approval of the Zoning Hearing Board. In granting any special exception, the Board may attach certain conditions to its approval which it feels are necessary requirements in order to preserve and protect the character of the district in which the proposed use would locate. The burden shall be upon the applicant to prove that the approval of the application will not be detrimental to the health, safety and general welfare of the community.
B.
Retail stores in excess of 10,000 square feet of floor area but no more than 50,000 square feet of floor area in accordance with § 135-256. If the retail use consists of home improvement and building materials sales, such use shall comply with § 135-233 in addition to the requirements of this section.
D.
Veterinary facilities and animal adoption centers with associated kennels in accordance with § 135-239.
[Amended 8-15-2016 by Ord. No. 305-2016]
F.
Commercial communications antenna meeting § 135-221, other than antenna permitted by right by such section.
G.
Accessory structures and uses customarily incidental to the above special exception uses.
§ 135-124 Conditional uses.
(Reserved)
§ 135-125 Area and bulk regulations.
A.
Height. An additional side yard setback of one foot shall be provided for every two feet, or fraction thereof, increase in height above 40 feet. Buildings devoted to agricultural use shall be exempt from height regulations.
B.
Minimum lot area shall be:
(1)
Forty thousand square feet if served by neither public sanitary sewer nor public water facilities.
(2)
Twenty thousand square feet if served by either public sanitary sewer or public water facilities.
(3)
Ten thousand square feet if served by both public sanitary sewer and public water facilities.
C.
Minimum lot width. The minimum lot width shall be 75 feet at the building setback line.
D.
Minimum lot depth. The minimum lot depth shall be 100 feet.
E.
Yards. Yards of the following minimum sizes shall be provided:
(1)
Front yard minimum depth.
(a)
The minimum front yard building setback line from all streets shall 35 feet from the ultimate street right-of-way as designated by § 135-301, unless a more stringent requirement applies for a particular use.
(b)
In developed areas, the minimum building setback line requirements may be adjusted by right so that the proposed building may be in proper relation to adjacent buildings. Under no circumstances shall a building be permitted to encroach any closer to the ultimate right-of-way than an adjacent building.
(c)
Off-street parking areas shall contain a setback of at least 15 feet from the ultimate street right-of-way. No off-street loading, excluding customer pickup locations, and outdoor storage of materials, except for those materials allowed for a specific use, shall be permitted in the front yard.
(2)
Side yard. All buildings, off-street parking lots, loading areas and outdoor storage areas shall be set back at least 15 feet from each side lot line. If joint parking facilities are shared by adjoining uses, one of the side yard setbacks can be waived solely for parking and/or loading facilities.
(4)
Residential buffer strip. Any lot adjoining land within a residential zone or land that is available for residential use shall maintain a fifty-foot setback for nonresidential buildings, structures, off-street parking lots, loading areas and outdoor storage areas, from the property boundary that is shared with the residential district or land that is available for residential use. Such areas shall be used for a landscape strip and screen, see § 135-299.