Mount Joy Township City Zoning Code
ARTICLE XV
MU – Mixed Use District
§ 135-141 District purpose.
The purpose of the Mixed Use (MU) District is to permit coordinated development that includes a mixture of retail, cultural, service, office, residential and institutional uses in a single structure or complex of related structures; to promote and sustain development of a neighborhood-type character; to preserve and reuse existing buildings that represent the character of the surrounding environment; and to encourage conservation of land resources, utilizing pedestrian facilities that minimize automobile travel, and the mixed-use projects by allowing greater densities than would otherwise be permitted to the extent that the proposed mix of uses, design and location warrant. This district generally coincides with public utility service areas and is within the designated growth area.
§ 135-142 Permitted-by-right uses.
Permitted-by-right uses shall be as follows:
A.
Existing dwellings and new development containing only single-family detached dwellings, single-family semidetached dwellings, townhouse dwellings meeting § 135-262, and apartment houses meeting § 135-216; provided, however, that such dwellings are located on or developed on lots containing five acres or less, existing on June 24, 2006.
B.
Mixed-use development containing uses authorized by § 135-142; provided, however, that no more than 10% of the land area of any such development or 10% of the gross floor area of any such development shall be devoted to residential uses. Buildings that contain commercial uses on the first floor and residential dwelling units above the commercial uses shall not be counted towards the maximum permissible residential uses.
E.
Park-and-ride facilities for persons using mass transit or carpooling.
F.
Banks and other financial institutions. Drive-through facilities shall be permitted subject to § 135-255.
H.
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.
I.
Business and professional offices, excluding office parks. This shall include associated equipment material storage facilities and similar uses so long as the use is clearly incidental and accessory to the commercial business located on the property and is conducted entirely within an enclosed building.
J.
Municipal uses.
K.
Emergency services.
L.
Medical and dental clinics.
M.
Mortuary.
N.
Parking lot.
O.
Personal service shops, including tailor, barber- or beauty shop, dressmaking, shoe repair or similar shop, excluding shopping centers.
P.
Publicly and privately owned recreation facilities.
Q.
Commercial recreation facilities, including amusement arcades, mini-golf courses, go-kart courses, batting ranges, driving ranges, bowling alleys and similar facilities subject to § 135-222.
R.
Public utility service buildings.
S.
Veterinary facilities without kennel facilities.
U.
Hotels, motels, convention centers, and community centers.
V.
Cinemas and theaters.
W.
Dry-cleaning and laundry establishments.
X.
Exercise clubs.
Y.
Libraries and museums.
Z.
Studios or galleries for teaching, dancing, art, music or similar cultural pursuits.
AA.
Child or adult day-care center.
BB.
Accessory uses customarily incidental to the above-permitted uses.
DD.
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.
§ 135-143 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.
A.
Mixed-use development containing uses authorized by § 135-143; provided, however, that no more than 10% of the land area or 10% of the total gross floor area of any such development shall be devoted to residential uses. Buildings that contain commercial uses on the first floor and residential dwelling units above the commercial uses shall not be counted towards the maximum permissible residential uses.
B.
The following uses provided they are clearly accessory and incidental to any of the permitted uses under § 135-142 and § 135-143:
(1)
Any process of manufacture, assembly or treatment, which is performed within a completely enclosed building and which normally does not constitute a nuisance by reason of odor, noise, dust or smoke, even if incidental to a permitted by right or by special exception use conducted on the premises.
(2)
Lumber- and coal yards, building material storage yards, contractors' equipment and storage yards and commercial warehouses, provided such uses are within a completely enclosed building.
(3)
The storage of volatile products which are used as part of the business operation provided such products are kept within a completely enclosed building.
D.
Vehicular fueling stations, including those fueling stations that are provided as an accessory use to a retail establishment or convenience store, in accordance with § 135-268.
L.
Commercial communications antenna meeting § 135-221, other than antenna permitted by right by such section.
M.
Heliport/hangar and helipad, subject to flight takeoff and landing patterns approved by the Township.
N.
Assisted living facility.
O.
Personal care facility.
R.
Accessory structures and uses customarily incidental to the above special exception uses.
§ 135-144 Conditional uses.
(Reserved)
§ 135-145 Area and bulk regulations.
A.
Minimum lot area for nonresidential uses. The minimum lot area for nonresidential uses shall be 10,000 square feet.
C.
Minimum lot width. The minimum lot width for all uses shall be as follows:
D.
Minimum lot depth. The minimum lot depth shall be 125 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 be 35 feet from the ultimate street right-of-way as designated by § 135-301, unless a more stringent setback 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)
All accessory buildings shall have a front yard in compliance with Subsection E(1)(a) above, plus an additional 15 feet.
(d)
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 a front yard.
(2)
Side yard.
(a)
All nonresidential buildings, loading areas and outdoor storage areas shall be set back at least 15 feet from each side lot line. All off-street parking lots shall be set back at least 10 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.
[Amended 6-15-2015 by Ord. No. 295-2015]
(b)
Single-family detached dwellings and nonresidential principal buildings shall have two side yards, neither of which shall be less than 10 feet in width.
(c)
Semidetached dwellings shall have one side yard per dwelling unit, which shall be a minimum of 12 feet in width.
(d)
All accessory buildings shall have a side yard setback of six feet.
(4)
Residential buffer strip.
(a)
Any lot adjoining land within a residential district shall maintain a fifty-foot setback for nonresidential buildings, structures, off-street parking lots, loading areas and outdoor storage areas, measured from the property boundary that is shared with the residential district. Such areas shall be used for a landscape strip and screen; see § 135-299.
(b)
Any lot adjoining land that is principally a residential use at the time of application shall maintain a fifty-foot setback for nonresidential buildings, loading areas and outdoor storage areas, measured from the principal structure on the adjoining land, provided that the setback shall be a minimum of 15 feet from the property boundary that is shared with the adjoining land that is principally a residential use at the time of application. Such areas shall be used for a landscape strip and screen; see § 135-299.
§ 135-146 Height regulations.
A.
The minimum height for all principal buildings shall be 20 feet.
B.
An additional side yard setback of one foot shall be provided for every two feet, or fraction thereof, increase in height above 40 feet, except as set forth below:
(1)
A hotel or conference center may be permitted to have a maximum height of 85 feet only if the facility has a gable roof or parapets which provide the appearance of a gable roof.
(2)
An office building may have a maximum height of 65 feet only if the facility has a gable roof or parapets which provide the appearance of a gable roof.
(3)
Buildings devoted to agricultural use shall be exempt from height regulations.
C.
The maximum height for all accessory buildings shall be 20 feet.