[Ord. 593, 4/8/1986]
1.
Unless otherwise expressly stated, the following words and phrases
shall be construed throughout this chapter to have the meaning indicated
under this Part:
A.
The present tense includes the future; the singular includes the
plural, and the plural the singular; the masculine gender includes
the feminine.
B.
The word "person" includes any individual, estate, trust, fiduciary,
partnership, firm, association, corporation, or organization.
C.
The word "shall" is always mandatory; the word "may" is optional.
D.
The word "used" shall include the words "arranged, designed, or intended
to be used."
E.
The word "built" shall include the words "erected, constructed, or
altered."
F.
The word "including" shall not be limited to the specified example,
but is intended to extend to all other instances of similar kind and
character.
G.
When terms, phrases, or words are not defined, they shall have their
ordinarily accepted meaning or such as the context may imply.
[Ord. 593, 4/8/1986; as amended by Ord. 622, 12/29/1987;
by Ord. 642, 12/19/1989; by Ord. 657, 10/9/1990, § 12; by
Ord. 674, 10/19/1992; by Ord. 708, 2/12/1996; by Ord. 744, 10/23/2000;
by Ord. 754, 2/18/2002; by Ord. 760, 10/13/2003; § I; by
Ord. 762, 4/19/2004; by Ord. 774, 7/18/2005, § 2; by Ord.
780, 12/19/2005, § 1; by Ord. 781, 12/19/2005, § 1;
by Ord. 782, 12/19/2005, § 1; by Ord. 790, 8/21/2006; by
Ord. 793, 10/16/2006, § 2; by Ord. 794, 10/25/2006, §§ 1,
2; by Ord. 798, 1/8/2007, § 1; by Ord. 810, 12/17/2007;
by Ord. 840, 6/20/2011, § 1; by Ord. 842, 6/20/2011, § 1;
by Ord. 846, 9/12/2011, § 2; by Ord. 851, 3/12/2012, § 1;
by Ord. 852, 3/12/2012, § 1; by Ord. 853, 3/12/2012, § 1;
by Ord. 866, 6/10/2013, §§ 1, 2; by Ord. 870, 7/8/2013,
§ 1; by Ord. 871, 7/8/2013, § 1; and by Ord. 872,
7/8/2013, § 1]
As used in this chapter, the following terms shall have the
meanings indicated:
A relinquishment of a use without intention to resume the said use for a continuous period of time as established under § 27-1808.
An accessible parking space shall be defined as a parking
space set aside for persons with disabilities which limit or impair
the ability to walk. Such space, whether on private property or a
public street, shall be signed and marked in accordance with the terms
of the Oxford Borough Code of Ordinances and shall be limited to those
vehicles which prominently display a handicapped parking identification
tag or license plate issued by the state of registration of the vehicle.
A self-contained dwelling unit, located within an existing
single-family detached residential structure, which contains its own
kitchen and bathroom facilities, has direct access to the outdoors
or to a hall from which there is direct access to the outdoors, is
accessory and secondary to the principal single-family dwelling unit,
and shares at least one common wall with the principal dwelling unit.
The Pennsylvania Municipalities Planning Code, Act 247, 53
P.S. § 10101 et seq., as amended.
An establishment having a substantial or significant portion
of its stock-in-trade, books, magazines, and other periodicals distinguished
or characterized by their emphasis on matters depicting, describing,
or related to specific sexual activities or specific anatomical areas,
or an establishment with a segment or section devoted to the sale
of such material.
An enclosed building with a capacity for fewer than 50 persons
used for presenting material distinguished or characterized by emphasis
on matter depicting, describing, or related to specific sexual activities
or specific anatomical areas for observation by patrons therein.
An enclosed building with a capacity of 50 or more persons
used for presenting material distinguished or characterized by emphasis
on matter depicting, describing, or relating to specific sexual activities
or specific anatomical areas for observation by patrons therein.
Agricultural uses involving the processing or production
of agricultural products which are likely to emit frequent, reoccurring
odors or noises considered obnoxious to a residential environment.
"Intensive agriculture" includes, among other uses, mushroom production,
feedlots, poultry houses, and the like.
The cultivation of the soil and the raising and harvesting
of products of the soil, including nurserying, horticulture, forestry,
and animal husbandry, but excluding intensive agriculture.
A minor right-of-way, which may or may not be legally dedicated
to the Borough, serving as a secondary means of access to the rear
or side of properties otherwise abutting on a street.
A change, rearrangement, addition to, or diminution of the
structural parts of an existing building or structure.
A landowner(s), developer(s), or authorized agent who has
filed an application under this chapter, including his/her heirs,
successors, and assigns.
A commercial facility, the principal purpose of which is
to provide recreation or amusement to the public in the form of computerized
or other mechanical video games and devices. Any such facility with
more than three such devices shall be considered an arcade.
That portion of a building which is partly below and partly
above the finished grade and having any portion of its height below
the average grade of the adjoining ground. The average grade shall
be computed from the mean measurements of the adjoining ground at
four corners of the building.
A single-family dwelling containing guest rooms available
for short-term overnight rental and providing breakfast service to
overnight guests.
An earthen mound designed to create a visual and/or sound
barrier between a use and adjoining properties, streets, and uses.
A sign which directs attention to a business, commodity,
service, or entertainment conducted, sold, or offered at a location
other than the premises on which the sign is located.
The Zoning Hearing Board of Oxford Borough, Chester County,
Pennsylvania.
A privately owned single dwelling where, for compensation
and arrangement, lodging, meals, or lodging and meals are provided
for no more than four persons.
The Borough of Oxford, Chester County, Pennsylvania.
The Borough Council of Oxford, Chester County, Pennsylvania.
A place where beer is made and may be served but that does
not prepare and serve food.
[Added by Ord. No. 918-2018, 6/18/2018]
A means of limiting the effects created by a use on adjoining
properties, streets, and uses, including but not limited to screening,
fencing, and use of berms.
Any combination of materials forming an enclosed structure
which is erected on the ground and permanently affixed thereto, designed,
intended, or arranged for the housing, sheltering, or enclosure for
persons, animals, or property of any kind, including attached structures
such as utility sheds and carports.
A building or structure subordinate to the principal building
on a lot and used for purposes incidental to those of the principal
building, but excluding truck bodies, abandoned mobile homes, truck
trailers, or other similar structures, whether or not permanently
affixed to the ground.
The aggregate of the maximum horizontal cross-section at
grade level of all buildings on a lot, excluding cornices, eaves,
and gutters projecting not more than 18 inches.
The ratio of the total building area on a lot to the lot
area.
The vertical distance of a building measured from the average
elevation of the finished exterior grade of a building at the two
front corners to the highest point of the roof, exclusive of the chimneys,
antennas, spires, alternative energy system components, and other
similar projections.
An agent of the Borough charged with the administration and
enforcement of the Borough Uniform Construction Code.
A building or structure housing the main and primary use
occurring on a lot.
A line established within a lot, measured from the street
right-of-way and parallel thereto, defining the minimum distance in
which no building may be constructed. In the case of an interior lot
not fronting a street for its entire width, the "building setback
line" shall be a line parallel to the street right-of-way, measured
from the property line nearest the street, defining the minimum distance
in which no building may be constructed (see Appendix).
The size of buildings and other structures and their relationship
to each other, to open areas within a lot, such as yards, and to lot
lines.
An office where a particular kind of business is transacted
or a service supplied and shall be limited to offices for management,
consulting, record-keeping, and clerical work of a commercial, industrial,
mercantile, or service enterprise.
An adult club, restaurant, theater, hall, or similar place
which features topless dancers, go-go dancers, exotic dancers, strippers,
male or female impersonators, or similar entertainers exhibiting specified
anatomical areas or performing specific sexual activities.
The diameter of a tree trunk measured at a point 3 1/2
feet from ground level at the base of the tree.
The portion of a street or alley right-of-way, paved or unpaved,
intended for vehicular use, including travel lanes, but not including
shoulders, curbing and drainage facilities (see Appendix).
An organization established for social or fraternal purposes
whose buildings, facilities, and services are primarily for the use
of members and their guests, including service organizations and lodges.
A device used to collect and/or transmit wireless communications
or radio signals, including panels, microwave dishes (for other than
satellite communication), and single poles known as "whips."
Any pole, telescoping mast, tower, tripod, lattice construction
steel structure or any other structure which supports or has attached
to it one or more commercial communications antennae.
A use of land or improvements thereto for the purpose of
engaging in retail, wholesale, or service activities for profit, including
but not limited to the storage of material or merchandise held for
resale, commercial vehicles, including tractor trailers, and the like.
See "commercial communications antenna support structure."
The Oxford Region Comprehensive Plan, adopted by Borough
Council and amended from time to time.
A system of ownership and not a type of use, wherein each
unit is owned in fee while the land, improvements, and jointly owned
facilities remain in common ownership in accordance with the Pennsylvania
Uniform Condominium Act of 1980, 68 Pa.C.S.A. § 3101 et
seq.
Any combustible or explosive composition or any substance
or combination of substances, intended to produce visible and/or audible
effects by combustion, and which is suitable for use by the public,
that complies with the construction, performance, composition, and
labeling requirements promulgated by the Computer Products Safety
Commission in 16 CFR[1] or any successor regulation, and which complies with the
provisions for consumer fireworks as defined in the American Pyrotechnics
Association (APA) Standard 87-1, or any successor standard. This term
does not include such devices as ground and hand-held sparkling devices,
novelties and toy caps, as defined in APA Standard 87-1.
[Added by Ord. No. 925-2019, 6/17/2019]
A retail activity designed to serve a local market such as
the residents of a neighborhood or planned development, including
delicatessens, newsstands, and small food markets.
The care in lieu of parental care given for part of the twenty-four-hour
day for children under 16 years of age away from their own homes,
but does not include child day care furnished in places of worship
during religious services.
Any premises in which child day care is provided simultaneously
for more than six children who are not relatives of the operator.
An open, elevated platform that is attached to a principal
building and that has no enclosing walls, roof, or shelter from the
weather.
[Added by Ord. No. 914-2018, 5/21/2018]
The allowable number of dwelling units per acre, calculated
by dividing the total number of dwelling units proposed within a tract
by the total number of acres within said tract.
The allowable number of dwelling units per developed acre,
calculated by dividing the total number of units for a given dwelling
type by the number of acres so developed, exclusive of common open
space, street rights-of-way, and utility easements.
A means of developing lots, some of which are larger and
some of which are smaller than is otherwise required, not incorporating
areas of common open space within the development and all of which
when combined represent the average lot size and is required within
the zoning district.
A means of developing lots which allows a reduction in lot
sizes and the creation of common open space based on the physical
conditions of a tract when specific criteria are met.
A development design option which allows flexibility in required
side and/or rear yard setback to create larger contiguous yard area,
provided that special criteria are met.
Any landowner, agent of such landowner or tenant with the
written permission from a landowner, who makes or causes to be made
an application for approval of a land development.
Any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, streets and other paving, utilities, filling, grading, excavation, and the subdivision of land as defined by the Oxford Borough Subdivision and Land Development Ordinance [Chapter 22].
A mental or physical impairment that substantially limits
one or more major life activities. "Mental or physical impairment"
may include conditions such as blindness, hearing impairment, mobility
impairment, HIV infection, mental retardation, alcoholism, drug addiction,
chronic fatigue, learning disability, head injury, and mental illness.
The term "major life activity" may include seeing, hearing, walking,
breathing, performing manual tasks, caring for one's self, learning,
speaking, or working. Current users of illegal controlled substances,
persons convicted of illegal manufacture or distribution of a controlled
substance, sex offenders, and juvenile offenders are not considered
disabled.
[Added by Ord. 895, 4/18/2016]
A person, including a natural person, corporation, association,
trust, or other entity, or any combination thereof, which holds a
permit issued from the Pa. Department of Health under Act 16 of 2016,
the Medical Marijuana Act,[2] to dispense medical marijuana. The term does not include a health care medical marijuana organization under Chapter 19 of the Act.
[Added by Ord. No. 938-2020, 3/2/2020]
Any premises or plant wherein alcohol or liquor is manufactured,
made and distilled from raw materials, blended or rectified, or any
place wherein alcohol or liquor is produced by any method suitable
for the production of alcohol. The term shall not include a winery.
[Added by Ord. No. 918-2018, 6/18/2018]
Any retail store selling paraphernalia commonly related to
the use of any drug or narcotics of which the sale, use, or possession
is subject to the provisions of the Controlled Substance Drug Device
and Cosmetic Act, 1972, April 14, P.L. 233, No. 64, 35 P.S. § 780-101
et seq., as from time to time amended; including but not limited to
water pipes, pipe "screens," hashish pipes, "roach" clips, "coke"
spoons, "bongs," and cigarette rolling paper; except that this shall
not be deemed to include the sale of cigarette rolling paper by a
store that also sells loose tobacco or the sale by prescription of
implements needed for the use of prescribed drugs or narcotics.
A building or entirely self-contained portion thereof containing
complete housekeeping, sleeping, and lavatory facilities for occupancy
as a residence by only one family, (including any domestic servants
living or employed on the premises) with no enclosed space, (other
than vestibules, entrances, or other hallways or porches) in common
with any other dwelling units. This definition excludes units in a
motel, hotel, building, dormitory, hospital, and the like. "Dwellings"
shall be designed in any of the following configurations.
SINGLE-FAMILY DETACHED DWELLINGA building designed for and occupied exclusively as a residence for one family and having no common party wall with an adjacent building or dwelling.
SINGLE-FAMILY SEMIDETACHED DWELLINGA building designed for and occupied exclusively as a residence for one family that shares one common party wall on a lot line with another dwelling and each dwelling has yard area on three sides.
TWO-FAMILY DWELLINGA building designed for and occupied exclusively as a residence for two families living independently of each other, including a duplex (one dwelling unit above the other) or a twin (one dwelling unit beside the other).
MULTIPLE-FAMILY DWELLINGA building or portion thereof containing or designed to contain three or more dwelling units with or without common access facilities.
MOBILE HOMEA mobile home may qualify as a single-family detached dwelling, provided that said mobile home meets all standards as established by all building and other applicable codes of the Borough of Oxford.
An interest in land owned by another that entitles the holder
of the easement to a specific limited use or enjoyment.
An addition to the floor area of an existing building, an
increase in the size of structures or an increase in that portion
of a lot occupied by an existing use.
Federal Aviation Administration.
One or more individuals living together as a single nonprofit
housekeeping unit, sharing kitchen and other common facilities, and
meeting one of the following criteria:
[Amended by Ord. 895, 4/18/2016]
A single person.
Any number of persons related by blood, marriage, or adoption,
including foster children and including not more than two other persons,
for example, boarders, lodgers, or domestic help.
Not more than four unrelated persons living together as a single
cooperative household unit, but excluding occupants of a rooming/boarding
house or dormitory.
A group of not more than four individuals with disabilities,
living together as the functional equivalent of a family in a group
care facility, and entitled to a reasonable accommodation to allow
them adequate housing choices pursuant to the Federal Fair Housing
Amendments Act of 1988 (42 U.S.C. § 601 et seq.) and the
Pennsylvania Human Relations Act (43 P.S. §§ 951-963).
Any structure designed for agricultural use, including the
storing of agricultural equipment or farm produce, the housing of
livestock or poultry, the processing of dairy products, and the housing
of mushroom production. The term "farm structure" shall not include
dwellings or tenant housing.
Federal Communications Commission.
A combination of natural and/or man-made materials designed
to enclose an outdoor activity or serve as a screen between incompatible
uses.[3]
The total area of all floors as measured to the outside surfaces
of exterior walls, excluding crawl spaces, garages, carports, breezeways,
attics without floors and open porches, balconies, and terraces.
The total area of all floors within a building contained
within walls which is available and suitable for commercial or industrial
use. This term shall be exclusive of the floor area included in party
and outside walls, overhangs, loading docks, elevator shafts, common
hallways, and maintenance facilities.
A relationship between the floor area of a building and the
lot area, measured by dividing the total floor area in square feet
of all buildings on a lot by the total land area in square feet of
the lot.[4]
A structure not permanently attached to the ground, except
by gravity, and used primarily for the storage of yard maintenance
equipment and materials, the floor area of which shall not exceed
120 square feet and no exterior wall shall exceed 12 feet in length,
and the height of which shall not exceed 10 feet,
A building and lot which is used for the sale and dispensing
of gasoline and other motor fuels and may provide services incidental
to the day-to-day maintenance of motor vehicles, but shall not include
auto body repair and painting services or automobile sales. Any use
which dispenses gasoline solely for the use of its own vehicles will
not be deemed a "gasoline service station."
A facility providing shelter, counseling, and other rehabilitative
services in a family-like environment that may include minimum supervisory
personnel, as required to meet standards of the licensing agency,
where applicable. A group care facility shall be licensed and/or approved
if and as required by the appropriate agency. A group care facility
shall be permitted within a dwelling unit and shall be considered
a residential use.
[Amended by Ord. 895, 4/18/2016]
A person, including a natural person, corporation, association,
trust, or other entity, or any combination thereof, which holds a
permit issued from the Pa. Department of Health under Act 16 of 2016,
the Medical Marijuana Act,[5] to grow and process medical marijuana. The term does not include a health care medical marijuana organization under Chapter 19 of the Act.
[Added by Ord. No. 938-2020, 3/2/2020]
Total space in a structure for living, sleeping, eating,
and cooking, excluding bathrooms, closets, toilet compartments, halls,
storage or utility spaces, cellars, basements, attics, garages, enclosed
porches, roofed terraces, balconies, and unheated areas, such as enclosed
porches.
The location or place of egress from and ingress to a street
or highway created by a driveway, alley, or other street.
Any structure that is:
Listed individually in the National Register of Historic Places
(a listing maintained by the Department of Interior) or preliminarily
determined by the Secretary of the Interior as meeting the requirements
for individual listing on the National Register.
Certified or preliminarily determined by the Secretary of the
Interior as contributing to the historical significance of a registered
historic district or a district preliminarily determined by the Secretary
to qualify as a registered historic district.
Individually listed on a state inventory of historic places
in states with historic preservation programs which have been approved
by the Secretary of Interior.
Individually listed on a local inventory of historic places
in communities with historic preservation programs that have been
certified either:
A use which is customarily carried on within a dwelling unit
by one or more occupants of such dwelling in accordance with Part
13.
A use that is customarily accessory to a principal residential
use, but that does not meet the criteria for a no-impact home occupation
and requires review and approval as a special exception by the Zoning
Hearing Board in accordance with the standards of this chapter.
A use that is customarily accessory to, and carried on within
a dwelling unit by one or more residents of such dwelling unit in
accordance with the standards of this chapter. Such use shall be clearly
secondary to the principal residential use, and shall meet the standards
for a "no-impact home business" contained in the Pennsylvania Municipalities
Planning Code, 53 P.S. § 10101 et seq.
A nonprofit private organization comprised of property owners
within a unified, planned development, operating under state guidelines
for the purpose of administering to the needs of residents the maintenance
of commonly owned property and improvements.
An accredited medical facility or institution within which
the diagnosis, treatment, and care of human ailments is performed
primarily on an inpatient basis.
A building arranged or used for short-term public lodging
accommodations for compensation by tourists and transient guests.
A surface that has been compacted or covered with a layer
of material so that it prevents or significantly impedes the penetration
of water to the underlying soil in the immediate area, does not allow
groundwater recharge, and is incapable of supporting vegetation. Such
surfaces shall include, but need not be limited to: structures such
as roofs, buildings, storage sheds; other solid, paved or concrete
areas such as streets, driveways, sidewalks, parking lots, patios,
decks, swimming pools, tennis or other paved courts; or athletic playfields
composed of synthetic turf materials. Compacted soils or stone surfaces
used for vehicle parking and movement shall be considered impervious.
Surfaces designed to allow infiltration (e.g., areas of porous pavement)
will be considered on a case-by-case basis by the Borough, based on
appropriate documentation, including condition and characteristics
of the material, as provided by the applicant.
[Amended by Ord. 906, 6/19/2017]
A use associated with and part of the principal use of a
vehicle towing service, in which towed vehicles, whether operable
or disabled, are stored on a temporary basis until claimed or otherwise
disposed of. No dismantling, repair, or similar processes involving
vehicles shall take place in such area.
Any structure designed for or intended to provide any form
of entertainment not otherwise defined herein as an arcade, regardless
of whether a fee is charged, which is owned by either a public or
private enterprise and open to the public. Such use includes indoor
theater, dinner theater, statutorily authorized betting parlor, indoor
amusement park or center, facility providing table games such as billiards
or pool, or any facility of the same general character.
A nonprofit, philanthropic establishment involving buildings
and grounds including, but not limited to, service club, museum, cemetery,
and places of worship, but excluding state hospitals, treatment facilities
for the mentally retarded, prisons, or a principal use customarily
carried on as a business, trade, or profession.
An area and/or structure used for the collection, storage,
and/or sale of used and discarded materials including, but not limited
to, house furnishings, wastepaper, scrap metal, building materials,
machinery, or wrecked, disabled, or unregistered vehicles or parts
thereof, with or without the dismantling, processing, salvaging, or
other use or disposition of same. Two or more wrecked, disabled, currently
unregistered vehicles or vehicles without a current inspection sticker,
or the major parts thereof, excluding farm vehicles or vehicles contained
in a towing service impoundment area, shall constitute a junkyard
and shall only be stored in a licensed junkyard. Toxic wastes, radioactive
materials, poisons and other substances that are potentially harmful
to man, as well as the collection, storage, and/or disposal of tires
unattached to a vehicle, are excluded from this definition and prohibited
as part of a junkyard operation.
An establishment where more than 10 dogs, cats, or like domesticated
animals more than four months old are kept, boarded, groomed, trained,
raised, or bred for compensation. For the purposes of this use, breeding
shall mean the production of two or more litters in any one calendar
year. A nonprofit animal shelter shall be deemed a kennel.
A building or group of buildings in which are located the
facilities for scientific research, testing, and experimentation,
but not including the manufacture of products for sale.
Any of the following activities:
The improvement of one lot or two or more contiguous lots, tracts,
or parcels of land for any purpose involving:
A group of two or more residential or nonresidential buildings,
whether proposed initially or cumulatively, or a single nonresidential
building on a lot or lots, regardless of the number of occupants or
tenure.
The division or allocation of land or space, whether initially
or cumulatively, between or among two or more existing or prospective
occupants by means of or for the purpose of streets, common areas,
leaseholds, condominiums, building groups, or other features.
A subdivision of land.
Development in accordance with § 503(1.1) of the Municipalities
Planning Code, 53 P.S. § 10503(1.1) et seq.
The legal or beneficial owner or owners of land, including
the holder of an option or contract to purchase, a lessee when authorized
under the lease to exercise the rights of the landowner, or other
person having a proprietary interest in the land.
The planting of turf, trees, shrubs, and other vegetative
materials within the open areas of a lot, including the maintenance
and replacement thereof, for the purposes of erosion control, protection
against the elements, promotion of human comfort and screening.
A wind energy conversion system with two or more wind turbines,
towers, and associated control and conversion electronics that is
designed and used to generate power only to offset utility costs on
the property where the system is located.
A planned residential community for the aged consisting of
dwelling units, community centers, health and nursing centers, personal
service shops, recreational areas, and common open space.
Any industrial or manufacturing use which is free of noxious,
injurious, or otherwise objectionable impacts to neighboring properties
and the general community, including, but not limited, to the manufacture
and assembly of electrical appliances and equipment, jewelry, precision
instruments, optical goods and similar products, light metal finishing,
polishing and grinding.
A portion of land area within a lot, accessible from a street
or alley, for the temporary use of vehicles while delivering or receiving
merchandise or materials.
A designated parcel, tract, or area of land established by
a plat or otherwise as permitted by law and to be used, developed,
or built upon as a unit.
The area of land contained within the legal limits of the
property lines, exclusive of land area within rights-of-way of public
roads.
A lot bounded on at least two sides by streets, whenever
the lines of such streets extended form an interior angle of 150°
or less. All yards abutting streets shall be considered front yards.
The remaining yards shall be treated as side yards (see Appendix).
The percentage of lot area covered by any and all impervious
surfaces.
The lot dimension measured along the street line of any street
abutting a lot.
Any lot which only has access to a street either by an easement
or right-of-way, or any lot which has limited frontage on a street
serving solely for access to interior lands.
A property boundary line of any lot held in single and separate
ownership. The line shall reflect the legal description of the lot,
except that the line abutting a street shall be deemed to be the same
as the street right-of-way line.
The line separating the lot from the street line.
Any line, except the front lot line, which is parallel to
or within 45° of being parallel to and does not intersect any
street line.
Any lot line which is not a front lot line or rear lot line.
A lot extending between and having frontage on two generally
parallel streets, with vehicular access from only the minor street
(see Appendix).
The horizontal distance between side lot lines measured parallel
to the street line.
Any method of treatment or manipulating the superficial soft
parts of the human body for remedial, hygienic, or other purposes,
consisting of rubbing, stroking, kneading, or other similar treatment
accompanied by hand or the use of an instrument.
Any building, structure, or portion thereof located within
the Borough which is for the purpose of providing massage of any person
except under the assigned order of a licensed physician, osteopath,
chiropractor, or registered physical therapist. This definition shall
not apply to treatments given in the residence of a patient, the office
of a licensed physician, osteopath, registered physical therapist,
or chiropractor, or in a regularly established and licensed hospital,
extended-care facility, convalescent facility, nursing home, or other
health care facility.
Any electronic, computerized, or other mechanical device,
machine, or apparatus which, upon the insertion of a coin, slug, token,
plate, or disk, operates or may be operated as a game or contest of
skill, amusement, or entertainment, of any kind or description, whether
or not registering a score and whether or not a prize is offered,
and which may or may not contain an automatic payoff for the return
of money, tokens, or slugs, or which may or may not make any provision
whatever for the return of money to the player, or which may or may
not provide an award of additional games or additional playing time.
Further, a "mechanical video game or device" includes any electronic
or mechanical device, machine, or apparatus which is used or may be
used in a game of skill and amusement wherein a player initiates,
employs, or directs any force generated by the machine or light illustrated
on a screen, board, or machine. Such term shall not include any gambling
device or other mechanism that has been determined to be a gambling
device, the operation of which is contrary to law.
A facility for the examination and treatment of ill and afflicted
human outpatients, including doctor and dental offices.
Marijuana for certified medical use as legally permitted
by the Commonwealth of Pennsylvania pursuant to Act 16 of 2016.[6]
[Added by Ord. No. 938-2020, 3/2/2020]
A parabolic reflector, together with its supporting members
and attachments, used or intended to receive radio or electromagnetic
waves from an orbiting satellite.
A tract of land held in single and separate ownership designed
and developed from a single, unified plan for a combination of three
or more commercial and/or light industrial uses.
A tract of land designed and developed from a single, unified
plan for a number of dwelling unit types, involving the layout of
lots, buildings and improvements, together with a landscaping and
open space plan, in order to achieve a community theme and efficient
use of shared utilities and roads.
The utilization of a building or a lot for two or more principal
uses.
A transportable structure intended for permanent occupancy,
contained in one unit or in two or more units designed to be joined
into a single integral unit capable of again being separated for repeated
towing. A "mobile home" arrives at a site completed and ready for
occupancy except for minor and incidental unpacking and assembly operations
and connection to a permanent foundation, including any addition or
accessory structure, such as porches, sheds, decks, or additional
rooms.
A parcel of land in an approved mobile home park, improved
with the necessary utility connections and other appurtenances necessary
for the location thereon of a single mobile home, which is leased
by the park owner to the owner or occupants of the mobile home located
on the lot.
A parcel of land under single and separate ownership which
has been planned and improved for the placement of mobile homes for
non-transient use, consisting of two or more mobile home lots.
A building or group of buildings containing lodging accommodations
for transients, each of which is provided with a separate exterior
entrance and parking space and offered principally for automobile
travelers.
Buildings and land areas where:
[Added by Ord. 906, 6/19/2017]
A development created from a unified plan for multiple-dwelling
units, common open space, parking, and other facilities.
An activity carried out and maintained by the Borough of
Oxford.
An entirely enclosed building designed and used for the propagation
of mushrooms.
The raising and harvesting of mushrooms carried on inside
buildings, including accessory operations such as composting for use
on the premises only, pasteurization, packaging, and shipping of mushrooms
grown on the premises only, and classified as an intensive agricultural
use for the purposes of this chapter.
A structure or part of a structure which does not conform
to the applicable area or bulk and setback regulations in this chapter
or amendment where such a structure lawfully existed prior to the
enactment of this chapter or subsequent amendment. "Nonconforming
structures" shall include, but not be limited to, nonconforming buildings
and signs.
A lot held in single and separate ownership which does not
conform to one or more of the applicable area or dimension requirements
in the district in which it is located.
A use, whether of land or of a structure, which does not
comply with the applicable use provisions of this chapter or amendment,
where such use was lawfully in existence prior to the enactment of
this chapter or subsequent amendment.
A facility operated for the purposes of providing lodging
and skilled nursing care to the invalid, infirmed, disabled, or convalescent
persons for compensation, provided that such facility has obtained
proper governmental licensure.
A parking space or facility for motor vehicles located outside
any street right-of-way.
An area or areas of land and/or water, substantially free
of structures and paved areas, permanently restricted for common enjoyment
and recreational use by residents of a development and possibly the
general public.
An area associated with: a) a restaurant, as defined by this
section, or b) any premises licensed by the Pennsylvania Liquor Control
Board pursuant to the regulations of that Board to conduct business
on said premises (but not meeting the definition of "restaurant" in
this section), and used for the purpose of furnishing food and/or
beverages to the public to be consumed on the premises in an area
on the sidewalk directly abutting and adjacent to the restaurant or
other licensed premises.
[Amended by Ord. No. 918-2018, 6/18/2018]
A fully enclosed or partially open building, the principal
use of which is for the parking of motor vehicles with or without
the charging of a fee.
[Added by Ord. 906, 6/19/2017]
A parking garage, as defined herein, constructed and operated
by, or under the authority of, the Borough of Oxford, and which may
include a transit center.
[Amended by Ord. 906, 6/19/2017]
An off-street, all-weather surfaced area designed solely
for the parking of motor vehicles, including driveways, passageways,
and maneuvering space.
A reasonably level area available for the parking of one
motor vehicle, consisting of a dustless, all-weather surface, and
shall include either covered garage space or uncovered parking lot
space.
A common vertical or horizontal wall that separates two buildings.
A system or feature that uses solar energy but does not use
solar panels or convert the energy to electricity.
A nonprofit use of land or a building or buildings as a place
of worship, convent, monastery, or similar religious institution,
including rectory and parish houses for an organization solely or
primarily used as a religious institution when located on the same
premise.
A tract of land designed and developed from a single, unified
plan involving the layout of lots, buildings, and improvements, together
with a landscaping and open space plan in order to achieve a campus
theme and efficient use of shared utilities and roads, excluding residential
and heavy industrial uses.
A tract of land held in single and separate ownership designed
and developed from a single, unified plan for a combination of two
or more commercial uses.
The Planning Commission of Oxford Borough, Chester County,
Pennsylvania.
The office of a member of a recognized profession maintained
for the conduct of his profession, such profession being limited to
those of medicine, law, architecture, engineering, music, and other
professions which require a similar degree of training and experience.
Notice published once each week for two successive weeks
in a newspaper of general circulation in the Borough. Such notice
shall state the time and place of hearing and the particular nature
of the matter to be considered at the hearing. The first publication
shall not be more than 30 days and the second publication shall not
be less than seven days from the date of the hearing.
A corporation registered and regulated by the Pennsylvania
Public Utility Commission.
A change, exception, or adjustment to a rule, policy, practice,
or service that may be necessary for a person with a disability to
have an equal opportunity to use and enjoy a dwelling including public
and common use spaces.
[Added by Ord. 895, 4/18/2016]
A structural change made to existing premises, occupied or
to be occupied by a person with a disability, in order to afford such
person full enjoyment of the premises.
[Amended by Ord. 895, 4/18/2016]
Those recreational pursuits which require physical alteration
to the area in which they are performed, and that are more formally
organized and maintained. Such areas are intensively used and may
include, but are not limited to, playgrounds, playing fields, tennis
and basketball courts, and swimming pools.
Recreational pursuits which can be carried on with little
alteration or disruption to the area in which they are performed,
and which may remain more natural and undeveloped. Such uses may include,
but are not limited to, hiking, biking, picnicking, and tot lots.
The principal use of a building or part thereof for indoor
sports, such as tennis, racquetball, squash, indoor tennis, indoor
swimming and those sports activities usually conducted indoors, but
excluding target shooting or any other sports or activities that create
loud noises or may be dangerous or disturbing to the surrounding properties.
A vehicle which is:
Built on a single chassis.
Not more than 400 square feet measured at the largest horizontal
projections.
Designed to be self-propelled or permanently towable by a light-duty
truck.
Not designed for use as a permanent dwelling but as temporary
living quarters for recreational, camping, travel or seasonal use.
A place for the collection and storage of materials suitable
for recycling into usable products of like kind and quality as the
materials collected.[7]
Flood-related damages sustained by a structure on two separate
occasions by a ten-year period for which the cost of repairs at the
time of each such flood event, on average, equals or exceeds 25% of
the market.
A wind energy conversion system consisting of a wind turbine
and associated control or conversion electronics and which is primarily
intended to reduce on-site consumption of utility power. A system
is considered a residential wind energy system only if it supplies
electrical power solely for on-site residential use, except that when
a parcel on which the system is installed also receives electrical
power supplied by a utility company, excess electrical power generated
and not presently needed for on-site use may be used by the utility
company.
A building used for the purposes of preparing and serving
food and beverages to the public for consumption on or off site, and
which contains inside seating facilities. This term includes a coffee
shop, bistro, brew pub, or similar establishment that prepares and
serves food and has indoor seating. The term shall not include a brewery
or tasting room that is associated with a brewery in accordance with
Pennsylvania Liquor Control Board regulations.
[Amended by Ord. No. 918-2018, 6/18/2018]
An eating establishment where customers place their orders
at a service area located indoors but separate from seating facilities
and where food is either served at said seating facilities or taken
out for consumption off the premises.
An eating establishment as defined above but which also provides
service to customers who remain seated in automobiles where customers
are served either through an exterior window in the establishment
or directly to parked automobiles on the premises.
A commercial use comprising the sale of commodities and services
directly to the general public.
A development of individual or multiple dwellings which may
include a community center and is designed for individuals and/or
couples who do not have resident dependent children.
An off-site system for treatment and disposal of sewage in
which sewage is conveyed by interceptor to a publicly operated treatment
plant and disposed of through means approved by the Pennsylvania Department
of Environmental Protection.
An educational use operated and/or administered by the Oxford
Area School District or its lawful successors, including: public pre-school,
elementary/middle, or secondary school; public college; charter school
when in accordance with the regulations of the Commonwealth of Pennsylvania;
or similar educational facility for academic instruction, but excluding:
(1) private vocational or similar adult trade school or training center;
(2) therapeutic, rehabilitative, or correctional institution; and
(3) any principal residential use.
An educational use properly certified by the Commonwealth
of Pennsylvania, including: pre-school, elementary/middle, or secondary
school; college; or similar nonpublic or religious educational facility
for academic instruction, including home-schooling sites with more
than six students, but excluding: (1) private vocational or similar
adult trade school or training center; (2) therapeutic, rehabilitative,
or correctional institution; and (3) any principal residential use.
A facility that is primarily intended for education of a
work related skill or craft or a hobby, and that does not primarily
provide state required education to persons under age 18; may include,
e.g., dancing school, martial arts school, ceramics school, or private
vocational training facility.
A building or group of buildings divided into individual,
separately accessed units that are available for rent or lease for
the storage of personal and small business property.
[Added by Ord. No. 948-2021, 12/20/2021]
A deciduous wood plant which normally grows with one main
trunk to a height in excess of 40 feet at maturity and has a canopy
which screens sunlight in the summer months.
Any structure or part thereof or any device attached to a
building, including any letter, word, model, device, picture, symbol,
or representation, intended as an announcement, direction, or advertisement
and may be either freestanding, attached to another structure, or
painted on the exterior wall of a building.
The face of a sign, including all lettering, wording, designs,
and symbols, together with background, whether open or enclosed, on
which they are displayed, including the frame, but not including any
supporting framework and bracing. Where a sign consists of individual
letters, numbers, characters, or symbols attached to a building, the
area of the sign shall be considered to include a square or rectangular
pattern as drawn at the outer limits of the letters, words, or representations.
A sign intended to be hung either with or without frames,
possessing characters, letters, or ornaments applied to paper, plastic,
or fabric of any kind, exclusive of flags of political subdivisions
or of any institution.
A sign which offers services or goods available on the lot
on which the sign is located.
A sign displaying letters, numbers, symbols, and/or images
that are designed to be readily changed electronically. A sign with
changes made less frequently than once per hour shall not be deemed
a changeable display sign, nor shall any sign where changes to the
content are effected by mechanical or manual means.
[Added by Ord. 904, 6/19/2017]
An informational sign indicating direction, entry, exit,
loading or service areas, fire lanes, parking, and other information
incidental to the primary use and not itself advertising that use.
A sign identifying the occupants and their corresponding
suite or unit designations of a tract containing multiple uses and/or
occupants.
A sign which is self-supporting upon the ground or which
is supported by means of poles, pylons, or standards in the ground.
A "freestanding sign" is not attached to a building except by secondary
supports such as guy wires.
The vertical distance measured from the average ground level
immediately below a sign to the highest point of the sign and/or its
supporting structure.
A sign identifying a home occupation or identifying the use
of a property but one that has no advertisement.
A sign erected by the state, county, Borough, or other legally
constituted governmental body.
A sign designating a public service, such as a bus stop or
public restroom, or a public utility, such as a telephone, or a service
organization, such as Rotary, Lions, Exchange Club, etc.
A Borough-erected or Pennsylvania Department of Transportation
sign designed to aid in traffic flow or traffic control, such as but
not limited to stop signs, yield signs, street signs, one-way signs,
school signs, speed limit signs, etc.
A sign which indicates the name, cause, or affiliation of
a person seeking public office or on which reference is made to an
issue for which a public election or referendum is scheduled to be
held.
An A-frame sign or sign of similar character which is placed
upon a sidewalk and which is not secured or attached to a structure,
to a sidewalk, or to the ground.
The possession of real estate by one or more persons where
vested interest is separate and distinct from that of any adjoining
property.
An energy collection and conservation system that takes solar
energy and converts it into usable electrical energy, heats water,
and/or provides other lawful benefits. Such a system shall include
all panels, wiring, and related ancillary equipment, and shall be
principally designed and used to generate power to offset utility
costs on the property where the system is located.
A solar energy system designed to be a principal use on a
parcel and designed to distribute electricity off the site on which
the system is located.
Permission, approval, or authorization granted by the Zoning Hearing Board for particular uses in accordance with the provisions of Part 19, in situations where provision is made by terms of this chapter.
Less than completely and opaquely covered human genitals,
pubic region, buttocks; and female breasts below a point immediately
above the top of the areola; and human male genitals in a discernibly
turgid state, even if completely and opaquely covered.
Human genitals in a state of sexual stimulation or arousal;
acts of human masturbation, sexual intercourse, or sodomy; fondling
or other erotic touching of human genitals, pubic region, buttocks,
or female breasts.
A provision of this chapter representing a minimum requirement
or maximum allowance. "Standards" are designed to be viewed as minimum
performance measures and not as regimented requirements.
The keeping or collecting of materials, whether man-made
or natural.
The keeping or collecting of man-made or natural materials
outside a completely enclosed structure.
A strip of land, including the entire right-of-way, to provide
access to more than one lot. The word "street" includes avenue, boulevard,
thoroughfare, road, highway, alley, lane, and other ways used or intended
to be used by vehicular traffic or pedestrians, whether public or
private.
STREET, ARTERIALA street which serves high volumes of traffic at relatively high rates of speed, including controlled access bypasses and highways serving the region (See Appendix).
STREET, COLLECTORA street which serves as an access between neighborhoods within the Borough and provides access to the arterial street network (See Appendix.)
STREET, CUL-DE-SACA local access street intersecting another street at one end and terminating at the other end by a permanent vehicular turnaround.
STREET, LOCAL ACCESSA street which solely serves abutting properties and provides access to the collector street network (See Appendix.)
A street serving two or more lots held in single and separate
ownership, constructed and installed according to Borough specifications
and not dedicated or accepted by the Borough for public use.
A line which is an equal distance from both street lines.
The legal right-of-way line of a street dividing the legal
limit of a public street from a lot, or in the case of a private street,
the line dividing a lot from a private street. When a future right-of-way
line has been established, the "street line" shall be the line of
such future right-of-way.
A public thoroughfare which has been dedicated and deeded
to the Borough and which affords the principal means of access to
the abutting property.
The removal of sod and topsoil from a tract or portion thereof.
Anything constructed or erected on the ground or attached
to the ground including, but not limited to, buildings, sheds, manufactured
homes and other similar items. This term includes any man-made object
having an ascertainable stationary location on or in land or water
whether or not affixed to land.
The division or re-division of a lot, tract, or parcel of
land by any means into two or more lots, tracts, parcels, or other
divisions of land, including changes in existing lot lines for the
purpose, whether immediate or future, of lease, partition by the court
for distribution to heirs or devisees, transfer of ownership or building
or lot development; provided, however, that the "subdivision" by lease
of land for agricultural purposes into parcels of more than 10 acres,
not involving any new street or easement or access or any residential
dwelling, shall be exempted.[8]
Surfaces which do not absorb precipitation or which do not
allow for groundwater recharge. "All-weather surfaces" generally include
surface areas of all structures, streets, and other non-absorbing
surfaces and include, but are not limited to, concrete, macadam, stone,
and gravel.
A temporary or permanent structure, not enclosed within a
building, containing or having the potential to contain a body of
water with a minimum depth of two feet.
A commercial personal service use where tattoos are provided
to customers. Tattooing shall include any method of placing designs,
letters, scrolls, figures, symbols, or any other marks upon or under
the skin of a human with ink or any other substance, resulting in
the coloration of the skin by the aid of needles or any other instrument
designed to touch or puncture the skin. This definition shall not
apply to medical doctors or doctors of veterinary medicine in performance
of their professional duties.
A certificate issued by the Code Enforcement Officer as a
result of his/her inspection of a property incident to the resale
of the property that identifies at least one substantial violation.
The purpose of the certificate is to authorize the purchaser to access
the property for the purpose of correcting substantial violations
pursuant to the maintenance and repair provisions of the Borough Code
or other applicable law or regulation.
[Added by Ord. No. 958-2023, 1/9/2023]
A certificate issued by the Code Enforcement Officer incident
to the resale of a property, the purpose of which is the correction
of nonsubstantial violations pursuant to the maintenance and repair
provisions of the Borough Code or other applicable law or regulation.
A certificate issued by the Code Enforcement Officer to permit
a] the use of a building, structure, and/or land by certain temporary
uses, or b] the use of a portion or portions of a building, structure,
or land prior to completion of work authorized by a building permit.
[Added by Ord. No. 958-2023, 1/9/2023]
One or more lots assembled for the purpose of unified development,
including a mixed residential development, planned shopping center,
planned office park, or an industrial park.
The statewide building code adopted by the Pennsylvania General
Assembly in 1999 applicable to new construction in all municipalities
whether administered by the municipality, a third party or the Department
of Labor and Industry. Applicable to residential and commercial buildings,
the Code adopted the International Residential Code (IRC) and the
International Building Code (IBC), by reference, as the construction
standard applicable with the Commonwealth floodplain construction.
For coordination purposes, references to the above are made specifically
to various sections of the IRC and IBC.
The specific, primary purpose for which land or a building
is designed, arranged, intended, or for which it is or may be maintained
or occupied.
[Amended by Ord. 894, 4/11/2016]
An activity subordinate to the principal use of a building
or a lot for purposes customarily incidental to those of the principal
use.
Permission, approval, or authorization granted by the Zoning Hearing Board, constituting a modification or deviation from the exact provisions of this chapter as applied to a specific property in accordance with the provisions of Part 19.
A principal commercial use in which the operator, by means
of tow trucks, flat bed trucks, and similar equipment retrieves damaged,
disabled, or otherwise inoperative vehicles and relocates or temporarily
retains them. Such use may include an impoundment area for towed vehicles,
but shall not involve any vehicle service or repair work.
A municipally owned and operated system for supplying and
distributing water from a common source or sources to two or more
users within a franchise area. The system shall be approved by the
Chester County Health Department and/or the Pennsylvania Department
of Environmental Protection.
The sale of goods and products, not to the general public
but for the purpose of resale to the general public.
Any system designed to convert wind energy into another usable
form of energy, such as heat or electricity, for use on the property
where the system is located. The system includes all turbines, towers,
wind chargers, transmission lines, and any other electrical infrastructure
or equipment necessary for the system to function in accordance with
this chapter.
The height of a wind turbine as measured from the surface
of the turbine foundation to the tip of the rotor at its highest point.
Any one or a combination of a commercial communications antenna
support structure, commercial communications antenna, wireless communications
equipment building or cabinet, parking and/or other structures and
equipment involved in receiving or transmitting wireless communications
or radio signals.
A tree mass or plant community in which tree species are
dominant or codominant and the branches of the trees form a complete,
or nearly complete, aerial canopy.
An open area surrounding a building contained within a lot,
in which no building or structure is erected. A "yard" extends parallel
to lot lines and street lines and is measured at a distance perpendicular
to lot and street lines.
A yard extending the full width of the front lot line.
A yard extending the full width of the lot along the rear
lot line.
A yard extending the full depth of the lot along a side lot
line, between front and rear yards.
The Zoning Hearing Board of Oxford Borough, Chester County,
Pennsylvania.
The Official Zoning Map of Oxford Borough, Chester County,
Pennsylvania.
The Zoning Officer or Assistant Zoning Officer of Oxford
Borough, Chester County, Pennsylvania, as appointed by Borough Council.
The Zoning Ordinance of Oxford Borough, Chester County, Pennsylvania.
A statement issued and signed by the Zoning Officer authorizing
a proposed use in accordance with the provisions of this chapter.
[1]
Editor's Note: See 16 CFR 1.1 et seq.
[2]
Editor's Note: See 35 P.S. § 10231.101 et seq.
[3]
Editor’s Note: The former definitions of “flood,”
“flood, 100-year,” “flood elevation, regulatory,”
“flood-prone area,” “floodproofing,” and “floodway,”
which immediately followed this definition, were repealed by Ord.
907, 9/18/2017.
[4]
Editor’s Note: The former definition of “garage,
public,” which immediately followed this definition, was repealed
by Ord. 906, 6/19/2017.
[5]
Editor's Note: See 35 P.S. § 10231.101 et seq.
[6]
Editor's Note: See 35 P.S. § 10231.101 et seq.
[7]
Editor’s Note: The former definition of “repair
garage facility,” which immediately followed this definition,
was repealed by Ord. 906, 6/19/2017.
[8]
Editor’s Note: The former definitions of “substantial
damage” and “substantial improvement,” which immediately
followed this definition, were repealed by Ord. 907, 9/18/2017.
