The purpose of the Mixed Use (M-U) District is to provide reasonable standards for the orderly expansion of moderate-intensity commercial and multifamily residential uses in areas where a nucleus of such uses already exists and where such development can provide a buffer between higher intensity commercial and industrial uses. The standards of this district are designed to minimize traffic congestion on the streets; provide for public conveniences; provide standards to encourage pedestrian activity, architecturally attractive building facades and landscaping; and fulfill the other broad purposes of this chapter.
Development in the M-U Commercial District shall be subject to the provisions and requirements for land developments as delineated in the Subdivision and Land Development Ordinance (Chapter 289) regardless of the number of lots developed.
A. 
Permitted principal uses.
(1) 
Multifamily dwelling.
(2) 
Group home (subject to § 325-122).
(3) 
General office.
(4) 
Professional office.
(5) 
Medical office, clinic and/or medical laboratory.
(6) 
Rental car agency.
(7) 
Neighborhood convenience store, excluding sale of gasoline, unless the neighborhood convenience store is located at the intersection of two major arterial roads with access onto a major arterial road, in which case gasoline sales are permitted.
[Amended 10-13-2022 by Ord. No. 2022-04]
(8) 
Animal hospital, pet shops and grooming (subject to § 325-118).
(9) 
Artist studio or gallery.
(10) 
Museum.
(11) 
Appliance and small equipment sales and repair.
(12) 
House of worship.
(13) 
Library.
(14) 
Private clubs.
(15) 
Mortuary.
(16) 
Health clubs.
(17) 
Personal care services.
(18) 
Public or private school.
(19) 
Child day-care center.
(20) 
Adult day-care center.
(21) 
Mass transit station.
(22) 
Restaurants, cafes and other places serving food, without drive-through facilities, unless the property has access onto a major or minor arterial road, in which case drive-through facilities are permitted in accordance with § 325-119.1.
[Amended 10-13-2022 by Ord. No. 2022-04]
(23) 
Retail sales, without drive-through facilities, unless the property has access onto a major or minor arterial road, in which case drive-through facilities are permitted in accordance with § 325-119.1.
[Amended 10-13-2022 by Ord. No. 2022-04]
(24) 
Financial institutions, without drive-through facilities, unless the property has access onto a major or minor arterial road, in which case drive-through facilities are permitted in accordance with § 325-119.1.
[Amended 10-13-2022 by Ord. No. 2022-04]
(25) 
Specialty shops such as baking, confectionery, dressmaking, dyeing, laundry, shoe repair, printing and copying services, tailoring and similar shops and services.
(26) 
Theaters.
(27) 
Recreational or entertainment facility.
(28) 
Public facility.
(29) 
Public parks and playgrounds.
(30) 
Skilled nursing facility.
(31) 
Assisted living facility.
(32) 
Mixed use with one or more permitted commercial activities on the ground floor and residential apartments upstairs.
B. 
Permitted accessory uses (see Article XXVII).
(1) 
Off-street parking and loading areas.
(2) 
Bar as an accessory use to restaurants, recreational and entertainment facilities.
(3) 
Utility sheds.
(4) 
Greenhouses.
(5) 
Gazebos.
(6) 
Decks and patios.
(7) 
Energy conversion systems.
(8) 
No-impact home-based business.
(9) 
Home occupations.
(10) 
Child day-care home.
(11) 
Child day-care center.
(12) 
Recreational vehicle parking and storage.
(13) 
Satellite antennas or dishes.
C. 
Uses by special exception and conditional uses (see Article XXIX).
(1) 
Hotels and motels.
(2) 
Shopping center, shopping plaza or shopping mall.
(3) 
Bars.
(4) 
Group quarters.
(5) 
Subdivision of shopping center, plazas and malls.
(6) 
Commercial AM/FM radio, television, microwave, transmission and relay towers and accessory equipment buildings.
(7) 
Bus shelters.
(8) 
Research and testing laboratory, as accessory to general or professional office uses subject to compliance with the requirements of § 325-185.1.
[Added 1-10-2019 by Ord. No. 2019-01]
D. 
Prohibited uses. Any use that is not a permitted use or use by special exception.
A. 
Lot area. A lot area not less than 10,000 square feet shall be provided.
B. 
Maximum building footprint: 75,000 square feet.
C. 
Lot width: minimum of 80 feet at the street right-of-way line.
D. 
Lot coverage. Lot coverage refers to all buildings on the lot including all accessory structures such as utility sheds, patios, swimming pools, tennis courts, parking lots and driveways and shall not exceed 75%. Not less than 15% of the lot shall be landscaped with a vegetative material. This landscaping shall include shrubs, ornamental trees and shade trees to be placed to enhance the appearance of the building and parking area. The fifteen-percent landscaping shall be a minimum requirement and shall not be included as any required buffer yard.
E. 
Building setbacks. Building setbacks of the following minimum and maximum depths shall be provided. No merchandise, produce or display items shall be located within any yard area.
(1) 
Minimum front setback: none, except that, on an arterial street, front setbacks shall be at least 25 feet.
(2) 
Maximum front setback: 35 feet.
(3) 
Minimum side building setback: 10 feet; except that no side yard shall be required when two or more commercial uses adjoin side to side, provided that mutual agreement, in writing, by the two or more adjoining property owners is recorded at the Recorder of Deeds' office of York County and provided that there is a vehicular access of at least 20 feet in width through an open and unobstructed passage at grade level at intervals not more than 400 feet apart from a street to all yards of the lot.
(4) 
Minimum rear setback: 10 feet.
(5) 
Minimum rear and side setbacks for development adjacent to a residential district: 30 feet for structures up to 15 feet tall, plus 10 feet for each additional 10 feet or story in height.
F. 
Landscaping and buffer yards shall be provided in accordance with of the Subdivision and Land Development Ordinance (Chapter 289). Such buffer yards may be coterminous with any required yard in this district and, in case of conflict, the larger yard requirements shall apply.
G. 
Height. No building shall be erected to a height in excess of 55 feet. The following are exceptions to the maximum height:
[Amended 10-13-2022 by Ord. No. 2022-04]
(1) 
Height may be increased by one foot for each additional foot that the width of each yard exceeds the minimum required up to a maximum height of 100 feet.
(2) 
Projections allowed: Chimneys, flagpoles, satellite dishes, lightning rods, vents and other similar items with width, depth or diameter of three feet or less may extend above the height limit, as long as they do not exceed five feet above the top of the highest point of the roof. If they are greater than three feet in width, depth or diameter, they are subject to the height limit.
(3) 
Radio and television antennas, utility poles, and public safety facilities are exempt from the height limit.
H. 
Lot area, lot width and coverage shall not apply to commercial AM/FM radio, television, microwave, transmission and relay towers and accessory equipment buildings.
Off-street parking and loading space, pedestrian walkways and motor vehicle access shall be provided in accordance with Article XXV of this chapter. No storage, loading or unloading space shall project into the required yard space, nor shall merchandise be displayed in any yard area.