[Ord. 593, 4/8/1986]
The following regulations shall have been established to govern
specific uses, structures or buildings within the Borough of Oxford.
These controls are important to the accomplishment of the purposes
of this chapter. The provisions under this Part shall apply when they
are specifically referred to under a zoning district.
[Ord. 593, 4/8/1986; as amended by Ord. 598, 9/9/1986; by
Ord. 622, 12/29/1987; and by Ord. 754, 2/18/2002]
1.
Permitted Uses, Buildings, and Structures.
A.
Accessory uses include, but are not limited to, household pet animal
shelters, garages, swimming pools, greenhouses, tennis courts, enclosed
storage buildings (but excluding garden sheds), and fences, and walls
over six feet in height.
B.
Uses designed to serve residents of a residential development, including
areas for washing machines and dryers, lockers or indoor storage areas,
recreational facilities and lounges, shall remain accessory and incidental
to the development.
C.
Accessory uses for commercial and industrial uses are allowed, provided
that these uses are specifically designed for employees, including
restaurants or cafeterias for use by employees only, living quarters
for watchmen, caretakers, or similar employees and recreational uses
designed primarily for employees of the use.
D.
The following accessory uses are subject to the provisions of this
section in addition to specific use regulations as follows:
2.
Location.
A.
Accessory uses, buildings, and structures shall be located to the
side or rear of the principal building, and shall be located no closer
to the front lot line than the front of the principal building.
B.
Except a provided below or where specifically regulated by other
provisions of this Code, no accessory use, building or structure shall
be located closer than four feet from any side or rear property line.
(1)
Where an accessory building or structure is intended for active
use including, but not limited to, animal shelter, swimming pool,
tennis or basketball court, or woodshop, it shall be located no closer
than 10 feet from any side or rear property line.
C.
The minimum distance between any accessory buildings shall be 10
feet. The minimum distance between any accessory building and a principal
building shall be 10 feet if the buildings are not abutting and attached.
3.
General Provisions.
A.
No activities shall be permitted which create a public nuisance or
interfere with the use of adjacent residential lots by way of odor,
noise or emission of light.
B.
Except where specifically regulated by other provisions of the Code,
the maximum height of any accessory building or structure shall not
exceed 15 feet.
C.
Where accessory uses include buildings or structures, such buildings
and structures shall be securely anchored to the ground and/or another
building or structure.
D.
Accessory structures which cover less than 100 square feet of contiguous
land area shall not be counted as impervious surfaces when determining
compliance with the maximum impervious surface requirement of the
district.
[Ord. 593, 4/8/1986; as amended by Ord. 729, 2/16/1998; by
Ord. 794, 10/25/2006, § 1; by Ord. 810, 12/17/2007; and
by Ord. 865, 6/10/2013, § 1]
1.
As an accessory or principal use, storage shall comply with the following
standards.
A.
General Provisions.
(1)
All materials, rubbish, or waste, whether organic or inorganic, shall be in accordance with Ord. 620 § 20-101 et seq.
(2)
Outdoor storage facilities for fuel, raw materials, and products
shall be enclosed within an approved safety fence.
(3)
No materials or waste shall be placed upon a lot in such form
or manner that they may be transported off by natural causes or forces.
Any substances which can contaminate groundwater, surface water or
adversely affect aquatic life shall not be permitted to enter the
groundwater or surface water. Applicable Department of Environmental
Protection regulations shall apply.
(4)
Outside storage as an accessory use shall occupy an area of
less than 1/2 the existing building coverage. Accessory uses requiring
land area for storage shall apply for a special exception by the Zoning
Hearing Board. In no case shall more than 25% of the lot area be used
for outdoor storage. This provision shall not apply to storage as
a principal use, such as lumberyards and car dealer lots.
(5)
Outside storage shall not occupy any part of street rights-of-way,
pedestrian walkways, required parking spaces, and required yard areas.
(6)
Outdoor storage of raw materials and/or finished products shall
not exceed 10 feet in height.
B.
Storage of Explosives. No flammable or explosive liquids, solids,
or gases shall be stored in bulk above the ground except for tanks
or drums of less than 275 gallons of fuel directly connecting with
energy devices, heating devices, or appliances located and operated
on the same lot as the tanks or drums of fuel.
C.
Storage of Vehicles.
(1)
Inspection and Registered Vehicles. In any zoning district,
no trailer, travel trailer, motor vehicle, motorized dwelling, tent
trailer, boat, boat trailer, recreational vehicle, or similar vehicle
shall be stored outside in any yard area of any lot, except when owned
by the owner or occupant of such lot and currently registered and
bearing a current inspection sticker, except when specifically designated
as a permitted use under other provisions of this Part, including
but not limited to provisions with respect to junkyard or commercial
sales of vehicles.
(2)
Inoperative or Unlicensed Vehicles. In accordance with the terms
of § 302.S, Motor Vehicles, of the Oxford Borough Property
Maintenance Code, as the same may be amended from time to time, no
inoperative or unlicensed vehicles shall be parked outdoors on any
lot except as specifically permitted by other regulations of this
chapter.
[Ord. 593, 4/8/1986; as amended by Ord. 622, 12/29/1987;
and by Ord. 760, 10/13/2003, IV]
1.
Home occupations shall be classified as either:
2.
No-impact home occupations shall meet all of the following requirements:
A.
The business activity shall be compatible with the residential use
of the property and surrounding residential uses.
B.
No exterior evidence of the activity, including signs, lighting,
or the display, inventorying, or stockpiling of goods, shall be visible.
C.
No retail sales, exclusive of telephone and/or internet solicitation,
may be conducted.
D.
Only residents of the dwelling may be engaged or employed in the
activity.
E.
The activity may be conducted only within the dwelling unit and may
not occupy more than 25% of the habitable floor area.
F.
The activity shall not require the delivery of materials and goods
by trucks larger than standard panel trucks equipped with no more
than one rear axle.
G.
The activity may not use any equipment or process that creates noise,
vibration, glare, fumes, odors, or electrical or electronic interference,
including interference with radio or television reception, that is
detectable in the neighborhood.
H.
The activity may not generate any solid waste or sewage discharge
in volume or type that is not normally associated with residential
use in the neighborhood.
I.
There shall be no customer or client traffic, whether vehicular or
pedestrian, and no pickup, delivery, or removal functions to or from
the premises, in excess of those normally associated with residential
use.
J.
There shall be no more than one home occupation per dwelling unit.
K.
Any dwelling unit in which a home occupation is conducted shall have
its own direct access to ground level.
L.
The resident practitioner of any home occupation shall provide the
Borough with the names of all individuals employed by the business
constituting the home occupation, and shall report all additions or
deletions among those so employed as they occur.
M.
Prior to initiating the operation of a home occupation, the resident
practitioner shall be required to obtain a permit from the Borough
and pay a fee in an amount as established by resolution of Borough
Council. The Borough shall conduct an inspection of the premises as
part of the review of the permit application. Such permit must be
renewed every two years for continued operation of the home occupation,
but no additional fee or inspection shall be required.
3.
Major home occupations shall be subject to approval by the Zoning
Hearing Board as a special exception and shall meet all of the following
requirements:
A.
Purpose. The purpose of the standards in this section is to provide opportunity for certain home occupation uses that do not comply fully with the criteria in § 27-1304, Subsection 2, for home occupations permitted by right, primarily due to the proposed employment of nonresidents and/or the nature of the proposed use. If is the intent of this section to assure that any home occupation is:
D.
A home occupation approved under the terms of this section may be
located only within a single-family detached dwelling or within an
accessory building located on the same lot as a single-family detached
dwelling.
E.
Where a home occupation is conducted, in whole or in part, within
an accessory building on the property, the total floor area devoted
to the home occupation shall not exceed 25% of the floor area of the
single-family detached dwelling or 600 square feet, whichever is less.
F.
If the resident conducting the home occupation is a tenant and not
the owner of the property, the owner shall be party to the application
for special exception approval.
G.
No more than two nonresident employees shall be permitted. However,
where a home occupation is an office in the building trades and similar
fields, the business may have additional employees for off-site activities
provided they are not employed on-site, they do not park on or near
the property, and they do not normally visit the property during the
course of business.
H.
Major home occupations shall be limited to those occupations customarily
conducted within a single-family detached dwelling or a building accessory
to a single-family detached dwelling. Major home occupations shall
include, but not be limited to, the following activities:
(1)
Medical, dental, or legal office.
(2)
Family child/adult day care involving no more than six children
or adults unrelated to the operator, and provided the following criteria
are met:
(a)
The minimum size of the lot containing the day care facility
shall be 15,000 square feet.
(b)
Passenger drop-off and pick-up areas shall be provided on-site
and arranged so that passengers are not required to cross traffic
lanes on or adjacent to the site and vehicles are not required to
back out onto the abutting street.
(c)
There shall be suitable outside activity/recreation area which
shall be buffered from all adjoining properties with screening by
evergreens, walls, fencing or other materials acceptable to the Zoning
Hearing Board. Any wall or fence shall not be constructed of corrugated
metal, corrugated fiberglass, woven chain link, or sheet metal. Screening
shall be arranged to block the ground level views between grade and
the height of six feet. Landscape screens shall achieve this visual
blockage within two years following installation.
(3)
Preparation of food or food products to be sold or served off-site.
(4)
Other accessory uses that do not qualify as no-impact home occupations under the terms of § 27-1304, Subsection 2, but, in the determination of the Zoning Hearing Board, are considered to be of the same general character as the home occupations listed herein and meet all the requirements for major home occupations contained in this chapter.
I.
The applicant shall demonstrate that adequate off-street parking
shall be provided for both the home occupation and the dwelling unit.
In no event shall the parking spaces provided be less than two for
the dwelling unit and one for each nonresident employee.
J.
Retail sale of merchandise, supplies, or products shall not be conducted
on the property except for the following:
(1)
The sale of items that are clearly incidental and subordinate
to the conduct of the home occupation or items used in the home occupation
such as the sale of beauty supplies used by the proprietor is permitted.
(2)
Orders previously made by telephone, internet, appointment,
or other prior contact may be filled at the site of the home occupation.
There shall be no direct sales of products from display shelves or
racks, but a person may pick up an order placed earlier as described
above.
K.
Unless otherwise determined by the Zoning Hearing Board, an approved
home occupation may be conducted only during the hours of 7:00 a.m.
to 9:00 p.m.
L.
Where the proposed home occupation will include nonresident employees,
in accordance with the terms of this chapter, the Zoning Hearing Board
may require appropriate documentation that the sewage facilities serving
the property will be adequate to meet the wastewater treatment and
disposal needs that will be generated on the property Where such facilities
cannot be provided, the Board may deny the request for special exception.
M.
Prior to initiating the operation of a major home occupation, the
resident practitioner shall be required to obtain a permit from the
Borough and pay a fee in an amount as established by resolution of
Borough Council. The Borough shall conduct an inspection of the premises
as part of the review of the permit application. Such permit must
be renewed annually for continued operation of the home occupation,
and the Borough may conduct an inspection, as it deems necessary,
in conjunction with the permit renewal process.
[Ord. 593, 4/8/1986; as amended by Ord. 840, 6/20/2011, §§ 4,
5]
1.
Purpose. The purpose of these standards for constructing and locating
wireless communications facilities is:
A.
To accommodate the need for wireless communications antennae while
regulating the location and number of towers in the Borough.
B.
To minimize adverse visual effects of towers through careful design,
location, and vegetative screening.
C.
To avoid potential damage to adjacent properties from tower failure
through engineering and careful locating tower structures.
D.
To maximize the use of any new or existing transmission tower, as
well as other tall structures, to reduce the number of towers needed
to serve the community.
E.
To limit radiation emitted by wireless communications equipment so
that it will not adversely affect human health.
2.
Commercial Communications Antenna Mounted on Existing Support Structure,
Permitted as of Right.
A.
Commercial communications antennae attached to or mounted on an existing
public utility building, structure or pole; existing communications
tower; water tower; or other nonresidential building or structure
are permitted by right in any zoning district. A zoning permit shall
be required for such purpose, to be issued by the Zoning Officer on
the basis of his determination that the proposed antenna complies
with the applicable standards of this section. The applicant shall
pay a fee for such permit in an amount as established by resolution
of Borough Council. Where the Zoning Officer deems it necessary to
consult with the Borough Engineer or other technical and/or legal
expertise in his review of the proposal, the applicant shall be responsible
for paying the cost of such consultation.
B.
The height of the communications antenna and any apparatus attaching
the antenna to such structure shall not exceed by more than 10 feet
the height of such existing structure.
C.
The communications antenna shall be constructed to simulate the architectural
facade and/or color of the building or object to which it is attached.
D.
The applicant proposing to locate a communications antenna on an
existing building or structure shall demonstrate to the satisfaction
of the Zoning Officer that the following standards can be met:
(1)
A structural engineer registered in Pennsylvania shall attest
to the structural integrity of the existing structure and its adequacy
to accept the total number of antennae, including any that may already
exist on the structure and the proposed antenna. Where the Zoning
Officer deems it necessary to consult with the Borough Engineer or
other technical expertise in his review of the proposal, the applicant
shall be responsible for paying the cost of such consultation.
(2)
The attachment of the proposed antenna, in combination with
any antennae already located on the structure, will not have a deleterious
visual impact on surrounding properties.
(3)
The servicing and maintenance requirements of the attached antenna
or antennae can be met without creating negative impacts on surrounding
properties in relation to physical damage, traffic, parking, or similar
conditions.
E.
The telecommunications provider shall prove to the satisfaction of
the Zoning Officer that:
(1)
Such location is necessary to satisfy the functional requirements
of the provider's wireless communications system.
(2)
Where applicable, such location will obviate the need for the
erection of a tower in a zoning district where a tower is permitted
by special exception.
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Documentation provided to the Zoning Officer may be in the form
of back-ground studies and analyses conducted by the applicant in
the course of verifying the suitability of the site for the applicant's
purposes, and may be supplemented by a propagation study or other
supporting evidence. Any such analysis or study shall be conducted
by a qualified radio frequency engineer.
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F.
As part of the Zoning Officer's approval of the installation of one or more antennae on an existing structure, the Zoning Officer may also authorize the location of the receiving and transmitting equipment necessary to the operation of the antenna or antennae within an existing building on the site. Where such location within an existing building is not feasible, the Zoning Officer may authorize, for each unrelated company with an antenna located on the structure, the location of up to three metal cabinets, each measuring not more than six feet in height and five feet in width, placed on a concrete pad not exceeding 10 feet by 20 feet in area or an equipment structure not exceeding 350 square feet in area located on the site to house the receiving and transmitting equipment necessary to the proper functioning of the antenna or antennae. The cabinets or equipment structure shall be located within a side or rear yard only, provided that the pad and the boxes are set back from the property line by a minimum of 20 feet, or such additional distance as the Zoning Officer determines is necessary to eliminate any discernible noise at the property line from the operation of the equipment boxes. The combined height of the pad and boxes shall not exceed eight feet. The screening requirements contained in §§ 27-1214, Subsections 2 and 3, of this chapter shall apply to any metal cabinet or equipment structure permitted under the terms of this section.
3.
Newly Constructed/Installed Communications Tower, Permitted by Special
Exception.
A.
Use, Bulk, and Height Regulations.
(1)
A communications tower may be permitted, in addition to other
permitted uses on the same lot, in the I General Industrial District,
the PC/LI Planned Commercial/Light Industrial District, or on any
parcel used exclusively for municipal use when authorized as a special
exception, following review and recommendation by the Planning Commission,
so long as the height of the tower does not exceed 110 feet, measured
from undisturbed ground level, and the proposed development otherwise
conforms to all other area and bulk requirements of the zoning district
for which it is proposed and the provisions of this section.
(2)
Where a communications tower is permitted as a special exception under the terms of this chapter, one single-story wireless communications equipment structure not exceeding 350 square feet in area or up to three metal cabinets, each measuring not more than six feet in height and five feet in width, placed on a concrete pad not exceeding 10 feet by 20 feet in area, to house the receiving and transmitting equipment necessary to the proper functioning of the facility may be located on the site selected for installation of the tower for each unrelated company sharing antenna space on the tower. The cabinets or equipment structure shall be located within a side or rear yard only, provided that the pad and the boxes are set back from the property line by a minimum of 20 feet, or such additional distance as the Zoning Officer determines is necessary to eliminate any discernible noise at the property line from the operation of the equipment boxes. The combined height of the pad and boxes shall not exceed eight feet. The screening requirements contained in §§ 27-1214, Subsections 2 and 3, of this chapter shall apply to any metal cabinet or equipment structure permitted under the terms of this section.
B.
Standards for Review of a Communications Tower.
(1)
The applicant shall demonstrate, using technological evidence,
that the communications tower must be located where it is proposed
in order to serve the needs of the community, based on all providers
of the service in the area. Such evidence shall include propagation
diagrams and radio frequency studies and the data upon which diagrams
and studies rely, submitted with the application at the time of filing,
indicating that the height and location are the lowest height and
best location to affect the efficient provision of communication services.
(2)
The applicant proposing a communications tower is required to
demonstrate that it contacted the owners of tall structures within
a one mile radius of the proposed site, whether within or outside
the Borough, asked for permission to install the antenna on those
structures, and was denied for reasons other than economic ones. Tall
structures include, but are not limited to, buildings in excess of
four stories, water towers, utility poles, support structures of other
communications companies and other high structures. The Zoning Hearing
Board may deny the application to construct a new tower if the applicant
has not made a good faith effort to locate the antenna on an existing
tall structure and has not demonstrated that there are no available
alternatives. Evidence that one or more of the following was the reason
for not selecting such tall structure is required to demonstrate a
good faith effort:
(a)
The proposed antennae and related equipment would exceed the
structural capacity of the existing tall structure, and its reinforcement
cannot be accomplished at a reasonable cost.
(b)
The proposed antennae and related equipment would cause radio
frequency interference with other existing equipment for that existing
tall structure, and the interference cannot be prevented at a reasonable
cost.
(c)
Such existing tall structures do not have adequate and permitted
location, space, access, or height to accommodate the proposed equipment
or to allow it to perform its intended function.
(3)
In order to reduce the number of antenna support structures
needed in the community in the future, the applicant shall demonstrate
that the proposed communications tower shall be designed to accommodate
other users, including other cellular communications companies and/or
local police, fire, and emergency responders.
(4)
The minimum distances between the base of a communications tower
or any guy wire anchors of the communications tower and any adjoining
property line or street right-of-way line shall equal 40% of the proposed
communications tower's height. Where the property on which a communications
tower is proposed to be located is contiguous to an educational use,
child day-care facility, or residential use, the minimum distance
between the base of the communications tower and any such adjoining
uses shall equal 100% of the proposed height of the communications
tower, unless it is proven to the Zoning Hearing Board, through an
engineering study prepared at the applicant's expense by a professional
engineer specializing in structural engineering and licensed to practice
in Pennsylvania, that in the event of tower failure, the communications
tower is designed to collapse upon itself within a setback area less
than the required minimum setback without endangering such adjoining
uses and their occupants; provided, that no setback shall be less
than 40% of the communications tower height or the minimum setbacks
for the zoning district, whichever is greater.
C.
Special Development Regulations.
(1)
A land development plan shall be required for any proposed communications tower, showing the antenna, antenna support structure, building, fencing, buffering, access, and all items required in the Borough Subdivision and Land Development Ordinance [Chapter 22].
(2)
A fence with a lockable gate shall be required around the antenna
support structure and other equipment, unless the antenna is mounted
on an existing structure. The fence shall be a minimum of six feet
in height.
(3)
The applicant proposing a communications tower must demonstrate
that the communications tower and any other equipment or building
in support of the communications tower has been designed to blend
in with or mimic existing features in the landscape such as trees,
light poles, clock towers, and flag poles.
(4)
The applicant shall provide a landscape plan prepared by a registered
landscape architect showing landscaping that will be installed to
screen and buffer as much of the support structure and any other ground
level features (such as a building) as possible. The landscape plan
may incorporate the use of fences and walls to screen and buffer the
communications tower site. The proposed landscaping shall comply with
the following provisions:
(a)
Existing vegetation shall be preserved to the maximum extent
possible.
(b)
Where the proposed communications tower site abuts residential
zoning districts, residential uses, public land, or streets, the abutting
property boundary shall be landscaped with at least one row of deciduous
trees, not less than 3 1/2 inches in caliper, spaced not more
than 30 feet apart and within 25 feet of the site boundary, as well
as at least one row of evergreen trees or shrubs, at least 14 feet
high when planted and spaced not more than 15 feet apart and within
40 feet of the property boundary. Alternatives such as walls or fences
may be permitted by the Zoning Hearing Board based on security or
other reasons.
(5)
All communications towers located within 750 feet of a structure
shall be constructed in compliance with a minimum 90 mile per hour
wind load or such greater wind load as is appropriate in the opinion
of the Borough Engineer.
(6)
In the event future technological advances in the telecommunications
industry permit a reduction in the size or configuration of the communications
tower, as a condition of approval of any application or permit authorizing
the communications tower's erection and installation, the applicant
shall be deemed to have agreed to a reduction in the size of the communications
tower at such time as such technology becomes an industry standard.
In such event, the Zoning Officer shall require the communications
tower to be brought into compliance with such industry standards within
a reasonable time, but not exceeding six months from the date of the
Zoning Officer's notice to the owner to do so.
(7)
No sign or other structure shall be mounted on any wireless
communications facility, except as may be required by the FCC, FAA,
or other governmental agency.
(8)
Wireless communications facilities shall be fully automated,
requiring not more than one weekly visit by maintenance personnel,
and shall require a minimum of two parking spaces.
4.
General Regulations.
A.
All commercial communications towers, antennae, and associated equipment
shall be maintained and kept in good repair as required by applicable
federal and state law and Borough regulations.
B.
All applicants for and operators of any communications tower or communications
antenna located within the Borough and regulated by the FCC shall
provide a copy of a valid operator's license from the FCC for the
transmission of radio frequencies from such tower or antenna constructed
within the Borough. All such information shall be accompanied by a
certification signed by an authorized officer of the provider telecommunications
company stating that, after due inquiry, the information being supplied
is true and correct to the best of his/her knowledge, information,
and belief. The telecommunications company shall also provide the
Zoning Officer with a copy of the site lease agreement authorizing
the location of the communications tower or antenna, unless said telecommunications
company is the legal owner of the site.
C.
Proof of Inspection. The owner of a communications tower erected under this section and all co-locators shall submit to the Zoning Officer proof of the annual inspection of the communications tower and antennae by an independent professional engineer as required by the ANSIEUfIW-222-E Code. Based upon the results of such an inspection, the Zoning Officer or the Code Enforcement Officer may require removal or repair of all or any portion of a wireless communications facility. The provisions of the Borough Building Code [Chapter 5, Part 1] may be applied in requiring such repair or removal. In the event the annual inspection(s) referred to are not performed in a timely manner, the communications tower owner and each communications company located thereon shall be subject to the civil enforcement proceedings of this chapter.
D.
Any communications tower or communications antenna shall be dismantled
within 60 days following the expiration date of the operator's license
from the FCC provided to the Borough or cessation of use. As a condition
of approval of any communications tower, the Zoning Hearing Board
may require financial security for the dismantling and removal of
such communications tower.
E.
The applicant shall demonstrate that the proposed communications
tower and communications antenna are safe and the surrounding areas
will not be negatively affected by communications support structure
failure, falling ice or other debris, electromagnetic fields, or radio
frequency interference. All support structures shall be fitted with
anti-climbing devices, as approved by the manufacturer.
F.
No communications support structure may be lighted except when required
by the FAA.
G.
All other uses ancillary to the antenna and associated equipment
(including a business office, maintenance depot, vehicle storage,
etc.) are prohibited from the communications antenna or tower site,
unless otherwise permitted in the zoning district in which the antenna
or tower site is located.
H.
Interference. In the event that any wireless communications facility
causes interference with the radio, television, or cellular phone
reception of any Borough resident for a period of three continuous
days, the resident shall notify either the telecommunications provider
or the Zoning Officer of such interference, and the telecommunications
provider, at its sole expense, shall thereafter remediate such interference
and ensure that any interference problems are promptly corrected.
Upon receipt of any such complaint, the telecommunications provider
shall promptly notify the Zoning Officer thereof in writing and describe
its plan to mitigate the interference. Failure of the telecommunications
provider to correct such interference shall constitute a violation
of this section, subjecting it to the penalty and enforcement provisions
of this chapter.
[Ord. 593, 4/8/1986; as amended by Ord. 810, 12/17/2007]
1.
The following standards shall apply specifically to microwave dish
antennas:
A.
The dish antenna shall remain accessory to the principal use of the
lot.
B.
The dish antenna shall be located only in the rear yard of a lot
and shall be set back a minimum of 10 feet from any property line.
D.
When roof-mounted, the dish antenna shall be located on a portion of the roof sloping away from the front of the lot. No portion of a microwave dish antenna shall project above the ridge line of the roof. Mounting techniques shall comply with the Borough Uniform Construction Code [Chapter 5, Part 1].
E.
No more than one microwave dish antenna shall be permitted on any
lot.
F.
Microwave dish antennas shall be used solely for the reception of
radio and electromagnetic waves in residential and commercial districts.
[Ord. 593, 4/8/1986; as amended by Ord. 762, 4/19/2004, § 2;
by Ord. 781, 12/19/2005, § 6; by Ord. 810, 12/17/2007; and
by Ord. 846, 9/12/2011, § 9]
[Ord. 593, 4/8/1986; as amended by Ord. 791, 8/21/2006, § 2]
1.
The following regulations shall apply to agricultural uses:
A.
Passive agricultural uses shall be permitted as follows.
(1)
The minimum lot size shall be five acres.
(2)
Except for a dwelling, no barn or other agricultural structure
shall be constructed closer than 100 feet to any lot boundary.
(3)
The keeping of animals, exclusive of small domestic animals
and customary household pets, shall not be permitted except on property
qualifying for agricultural use in accordance with the provisions
of this section. The keeping of farm animals, including horses, to
be maintained for the private, noncommercial use of the individual
property owner, shall not be permitted on lots less than five acres
in size.
(4)
No slaughtering operations for commercial purposes shall be
permitted.
(5)
All pasture or exercising areas shall be fenced.
(6)
Lots shall be graded so that animal wastes are confined to the
lot on which they originate.
(7)
Piggeries shall not be permitted as part of a passive agricultural
use.
B.
Intensive agricultural use and customary buildings associated with
intensive agricultural activities shall be permitted as follows:
(1)
The minimum lot size shall be five acres.
(2)
All agricultural buildings, structures, accessory mushroom composting,
feedlots, or other odor- or dust-producing substance shall be set
back a minimum of 200 feet from any lot boundary.
(3)
Mushroom houses and structures sheltering livestock shall be buffered by a vegetative screen from abutting lots containing nonagricultural uses. Screening shall be in accordance with § 27-1214.
(4)
All pasture areas shall be fenced.
(5)
Lots shall be graded so that animal wastes are confined to the
lot on which they originate.
C.
The display and sale of agricultural products shall be permitted
from a temporary stand dismantled and removed at the end of the growing
season or from a permanent building, provided that:
(1)
At least 50% of such products displayed for sale shall be produced
on the agricultural land contiguous to said building.
(2)
Such stand or building shall be located at least 30 feet from
any street line.
(3)
A minimum of three parking spaces or one space for each 300
square feet of building floor area, whichever shall be greater, shall
be provided behind the street line.
(4)
Any sales, display of parking area shall be at least 75 feet
from a side or rear yard lot line.
(5)
Signs associated with the sale of farm products shall conform
to the sign regulations under Part 16.
[Ord. 593, 4/8/1986; as added by Ord. 791, 8/21/2006, § 1]
1.
The raising or keeping of small domestic animals and household pets
shall be permitted provided the following standards are met:
A.
Small Domestic Animals.
(1)
"Small domestic animals" refers to those kept in a hutch or
similar animal house and not within a dwelling unit, but excluding
poultry or reptiles.
(2)
Any lot on which the raising or keeping of small domestic animals
is to be practiced shall have a lot area not less than that required
for a single-family dwelling in the zoning district in which the lot
is located.
(3)
The total number of small domestic animals shall not exceed
one for each 4,500 square feet of lot area, regardless of the zoning
district in which the property is located.
(4)
Fencing or an enclosed animal house structure shall be installed.
An animal house structure shall comply with the setback requirements
for accessory structures in this chapter.
B.
Household Pets.
(1)
Household pets which generally are kept within a dwelling unit, including but not limited to dogs, cats, hamsters, and birds, shall not exceed 10 such animals on the property, regardless of the area of the lot. In addition, no lot shall contain: (a) more than six cats; (b) more than four dogs, except that puppies or kittens from a litter born on the property shall not be included in this limit until four months following birth. The keeping of such household pets shall not be subject to the terms of Subsection 1A, above.
(2)
Where household pets are being: (a) bred and raised commercially
for resale, and/or (b) commercially boarded for another owner, such
operation shall be considered a kennel, as defined and regulated by
this chapter.
(3)
Any household pet for which a license is required shall display
such license at all times.
[Ord. 593, 4/8/1986; as amended by Ord. 793, 10/16/2006,
§ 4]
1.
The following regulations shall apply to junkyards where permitted:
A.
Where a junkyard is located on a property adjacent to a residential zoning district or residential use, there shall be a setback from the adjacent residential zoning district boundary or residential use lot line of at least 100 feet, screened in accordance with Subsection 1L.
B.
Wherever the property containing a junkyard abuts a public or private street, the portion(s) of the property abutting the public or private street shall contain screening material that complies with the standards in Subsection 1L.
C.
The area where junk or any other material is stored outside shall
be enclosed within a wall or fence at least eight feet in height and
which is designed and constructed so as to be at least 90% solid or
opaque.
D.
Storage piles shall not exceed eight feet in height, and no more
than two adjoining rows of junked vehicles shall be stored together.
E.
There shall be provided at least a twelve-foot wide accessway which
shall be kept clear and free at all times to provide for access to
all parts of the premises for firefighting and other safety or emergency
purposes.
F.
No explosive, toxic, radioactive, or highly flammable materials shall
be kept on the property. Gasoline, oil, Freon, vehicle batteries,
and other flammable or toxic substances shall be removed from any
junk or other items stored on the premises. Such materials shall be
removed and disposed of in accordance with applicable federal, state,
and local regulations and shall not be released into the air or deposited
on or into the ground or watercourses.
G.
No junk or other material shall be burned or melted on the premises.
H.
No garbage or organic waste shall be kept on the premises.
I.
All junk shall be stored or arranged to prevent accumulation of water.
J.
A junkyard shall obtain any applicable Borough, county, state, or
federal license or permit and shall remain in compliance with those
requirements.
K.
There shall be no processing or sale of materials at a junkyard on
Sundays, legal holidays, and between the hours of 6:00 p.m. and 7:00
a.m., prevailing time.
L.
Where a landscaped screen is required under the terms of this section,
such screen shall be located within a planting strip that bas a minimum
width of 10 feet. Plant material shall be a minimum of eight feet
in height at the time of installation, and shall be an evergreen hedge
unless alternative plant materials and/or the incorporation of existing
vegetation are specifically approved by the Zoning Hearing Board.
M.
An adult attendant shall be on the property at all times when the
junkyard is open.
N.
A junkyard shall not cause any excessive, offensive, or noxious sounds
or odors, and shall not permit the breeding or harboring of rats,
rodents, or vermin.
O.
A permanent record of all junk received or removed from any junkyard
shall be kept on the property, containing the name and address from
whom received or to whom delivered, the date thereof, and a description
of the junk material. Such record shall at all times be open to inspection
by the Borough or any law enforcement officer.
[Ord. 593, 4/8/1986; as added by Ord. 708, 2/12/1996; as
amended by Ord. 736, 2/8/1999]
1.
No mobile home shall be erected or maintained as a single-family
detached dwelling except in conformity with the following regulations:
A.
A mobile home shall have all means of mobility removed, including
but not limited to the wheels and hitch.
B.
A mobile home shall have its own connections for water, sewer, electricity,
and other utility services.
C.
All mobile homes shall be permanently affixed to the lot in accordance
with all applicable building codes and regulations with respect to
single-family dwellings.
D.
A mobile home shall be Class A or B in conformity with all applicable
federal and state regulations and shall be freestanding and unattached
to other structures used for residential or residential accessory
uses.
E.
In the event of conflict between governmental regulations, the most
stringent regulations shall apply.
[Ord. 593, 4/8/1986; as amended by Ord. 736, 2/8/1999; and
by Ord. 810, 12/17/2007]
1.
The following standards shall apply to mobile home parks when permitted
by this chapter:
A.
A mobile home park shall comply with the area and bulk regulations
of the applicable zoning district.
C.
Mobile homes shall be separated a minimum of 30 feet from each other
and a minimum of 50 feet from any service building, park office, or
any tract boundary.
D.
When individual mobile home lots are proposed within a mobile home
park, the following shall represent the minimum lot dimensions and
lot areas to be provided.
|
Mobile Home Dimensions
(feet)
|
Lot Dimensions
(feet)
|
Lot Areas
(square feet)
| |
|---|---|---|---|
|
12 by 60
|
50 by 100
|
5,000
| |
|
14 by 60
|
60 by 100
|
6,000
| |
|
Double wide
|
75 by 100
|
7,500
|
E.
All buildings within a mobile home park, including mobile homes,
shall be set back a minimum of 20 feet from an interior park street
or paved edge of a common parking area.
F.
All mobile homes shall be placed on and secured to a level foundation. The foundation and anchoring of the mobile home to the mobile home pad shall be in accordance with applicable provisions of the Borough Uniform Construction Code [Chapter 5, Part 1]. Mobile homes shall not be supported by jacks, loose blocks, or other temporary supports. Mobile homes shall be placed with a continuous perimeter barrier extending from grade to the bottom of the mobile home, which is not necessarily required to be load-bearing but shall protect the mobile home from weather, rodents, wind, and snow loads.
G.
Walkways shall be provided within a mobile home park. Their design shall be in accordance with the provisions under the Oxford Borough Subdivision and Land Development Ordinance [Chapter 22].
H.
Protective skirting shall be placed around the area between the ground
surface and the floor level of each mobile home.
I.
All applications for the development of a lot or parcel of land for
a mobile home park shall be accompanied by a plan or plans for the
development of the entire parcel under consideration. Such application
shall clearly designate lot locations, roads, open spaces, recreational
areas, utility provisions, parking areas, accessory office, laundry,
and park maintenance facilities.
L.
The design, ownership and maintenance of required open space shall be in accordance with the provisions of § 27-1317.
M.
Every mobile home park shall be required to obtain an operating permit
from the Borough prior to the issuance of use and occupancy permits
for individual mobile homes. Such operating permit shall be valid
for one year and may be renewed annually upon satisfying an inspection
by the Zoning Officer.
N.
Every mobile home park shall include an office for the person in
charge of such park. A copy of the operating permit, along with the
register, shall at all times be open for inspection by the Zoning
Officer. The register shall include, but not be limited to, the following
information:
O.
Entrance permits shall be required any time a mobile home is placed
on a mobile home site or lot within the Borough of Oxford.
P.
A removal permit shall be required any time a mobile home is removed
from a mobile home site or lot within the Borough of Oxford and shall
be issued by the Borough Manager. The removal permit shall not be
issued until all realty taxes levied and assessed against the mobile
home have been paid, as well as charges for all municipal services,
if any, up to the time of the issuance of the removal permit. In the
event the removal permit is not secured and the mobile home is removed
in violation of this chapter, no new mobile home shall be placed upon
that site until the removal permit fee has been paid, together with
all unpaid realty taxes levied and assessed, as well as charges for
municipal services.
[Ord. 593, 4/8/1986]
1.
The following standards shall apply to multiple-family development
proposals:
A.
The area and bulk regulations under the applicable zoning district
shall be met.
B.
The maximum length or width of a multiple-family building shall be
160 feet.
C.
Multiple-family buildings are encouraged to be located in clusters
which create common courtyards and open space areas rather than situated
parallel to one another. Where clustering is not feasible, there shall
be no more than three abutting buildings parallel to each other within
a multiple-family development.
D.
Buildings within a multiple-family development shall be designed
to provide individual dwelling units with views and direct access
to required open space areas.
E.
The following building separation distances shall be met (see Figure
1) in order to provide individual units with some level of privacy:
|
Building Configuration
|
Minimum Distance Between Buildings
(feet)
| |
|---|---|---|
|
Facing front or rear walls (long wall)
|
75
| |
|
Facing end walls (short wall) containing no dwelling windows
|
30
| |
|
Facing end walls (short wall) containing dwelling windows
|
35
| |
|
No obstruction of views created by two buildings
|
30
|
G.
The design, ownership and maintenance responsibilities for required open space shall be in accordance with the provisions of § 27-1317.
H.
Dwelling units shall be set back a minimum of 20 feet from common
parking lots and refuse collection centers.
I.
Staggered setbacks of individual dwelling units accompanied by a
variation in facade design are encouraged so that the buildings offer
visual variety and provide private yard areas. In the case of townhouse
development, no more than two contiguous units shall have the same
facade setback within a building. Changes in unit setback shall involve
a minimum of four feet.
[Ord. 593, 4/8/1986]
2.
A retirement community and life-care facility may provide a combination
of individual dwelling units in any combination of single-family,
two-family, or multifamily buildings and may include a community center
consisting of one or more buildings in which the following accessory
uses may be permitted.
A.
Medical treatment, nursing, and convalescent facilities.
B.
Auditoriums, activity rooms, craft rooms, libraries, lounges, and
similar recreational facilities for members of the community.
C.
Dining facilities.
D.
Office and retail service facilities designed and adequate to serve
only the members of the community, such as but not necessarily limited
to the following uses: medical offices, pharmacy, gift shop, coffee
shop, bank, beauty shop, and barbershop.
3.
Area and bulk regulations for uses listed within the applicable zoning
district shall apply.
4.
For the purposes of calculating density and parking requirements,
four beds for patient, nursing and/or staff person use provided within
the community center buildings or accessory buildings shall be deemed
the equivalent of one dwelling unit.
5.
A retirement community or life-care facility shall be developed and
operated under the direction and control of a single owner or agent
for the owner.
6.
Ownership, location, design, layout, and maintenance of required open space shall be in accordance with the requirements of § 27-1317.
7.
Wheelchair access to all dwelling units and community facilities
shall be provided in the design of structures, pedestrian walkways,
and parking lots. Buildings may be interconnected by means of covered
or enclosed walkways.
[Ord. 593, 4/8/1986]
2.
Eligibility.
A.
A tract size of at least five acres shall be required.
B.
The tract of land to be developed shall be in one ownership, or in
the case of multiple ownership, it shall be developed according to
a single overall plan with common authority and responsibility.
C.
The tract and uses thereon shall have access only to an arterial
or collector street via a common ingress and egress (see Appendix).
D.
Minimum tract frontage on the arterial or collector street from which
it has access shall be 150 feet.
[Ord. 593, 4/8/1986]
1.
Permitted Uses.
A.
Park; playfield; playground; arboretum; conservation area; wildlife
sanctuary; winter sport; swimming pool; boating; horseback riding;
fishing; foot, bicycle and bridle path; riding stable; picnic area;
outdoor tennis and other racquet game court or any similar use characteristically
identified with open space areas and of a noncommercial nature, but
in accordance with the following development standards.
B.
Any of the following uses when permitted by the Zoning Hearing Board
as a special exception as provided in Part 19.
2.
Development Standards. Any use permitted in Subsection 1B as a special exception shall comply with the following.
A.
Development plans for any use in Subsection 1B shall be subject to review and approval by the Borough.
B.
Minimum lot size shall be five acres.
C.
Any structure, building, parking, storage, loading, or paved areas, excluding foot and bicycle paths and other than necessary accessways to a public street, shall not be located closer than 100 feet to any lot line and shall be screened from dwellings in accordance with § 27-1214 if located within or abutting a residential district.
D.
If practical, vehicular access for the use shall not be from any
local street in a residential district or residential development.
E.
Auxiliary uses shall be restricted in their use to employees, patrons,
members, and guests of the principal use. Such establishments shall
present no visible evidence from any public street of their commercial
character which would attract persons other than employees, patrons,
members, and guests.
[Ord. 593, 4/8/1986; as amended by Ord. 810, 12/17/2007;
and by Ord. 895, 4/18/2016]
1.
The intent of this use is to encompass living arrangements for a
group of persons who meet one or more of the criteria for disability,
as that term is defined by this chapter. The purpose of this use is
to offer an alternative whereby persons can be placed in a setting
which most nearly approximates traditional familial living arrangements.
2.
Any structure housing a group care facility shall, to the maximum
extent feasible, have the same appearance as a dwelling unit not housing
a group care facility. The dwelling housing a group care facility
shall have no external alterations except as may be necessary for
reasons of safety, including ramps or fire escapes. Such access shall
be located to the side or rear of the building where practical.
3.
All group care facilities shall comply with the standards of the
Pennsylvania Department of Human Services and all other applicable
agencies.
5.
The Zoning Hearing Board, through the grant of a special exception,
may permit reasonable accommodations and/or reasonable modifications,
as defined by this chapter, to allow residents of a group care facility
the full enjoyment of the housing unit and related facilities. Area
and bulk regulations shall apply in the same manner as otherwise applicable
to the type of dwelling unit being used as a group care facility.
[Ord. 593, 4/8/1986; as amended by Ord. 718, 12/16/1996;
by Ord. 758, 7/21/2003; by Ord. 762, 4/19/2004; by Ord. 781, 12/19/2005,
§ 7; by Ord. 804, 10/15/2007, § 1; by Ord. 814,
1/21/2008, § 1; by Ord. 822, 9/20/2009, § 1; and
by Ord. 832, 7/19/2010, § 1]
1.
Applicability. The provisions of this section shall apply to all uses requiring common open space, except for tracts less than four acres, which will comply with Subsection 2J.
2.
Common Open Space Design.
A.
At least 40% of the minimum required common open space area on the
tract shall be usable, physically prepared and maintained, and equipped
with facilities for use as play fields, game courts, or other active
recreational activity deemed by Borough Council, upon recommendation
of the Borough Planning Commission, to be appropriate for the intended
users. Such recreation area shall:
(1)
Have a maximum gradient of 5%.
(2)
Be not less than 100 feet in its narrowest dimension.
(3)
Be in one contiguous location or, if in more than one location,
at least 75% of the minimum required active recreation space shall
be in one contiguous location.
(4)
Contain none of the following environmentally sensitive lands:
floodplains, wetlands, woodlands, and surface waters.
B.
Where the active recreation area required in Subsection 2A abuts a collector or arterial street, there shall be a fence or earthen berm, or a combination thereof, at least four feet in height that separates the street from the play area. The fence or berm shall be designed to discourage children and recreational equipment from entering the street right-of-way.
C.
Any common open space shall be not less than 75 feet in its narrowest
dimension and shall not exceed a dimension ratio of one to four. Where
portions of the common open space are designed as pedestrian or bicycle
paths, the narrowest dimension may be reduced to not less than 10
feet and the dimension ratio of one to four shall not apply. Where
a pedestrian or bicycle path runs between and is immediately adjacent
to residential lots on both sides, the minimum width shall be not
less than 20 feet.
D.
Where deemed appropriate by the Borough Council, common open space
shall include pedestrian pathways for general public use and to connect
pathway and sidewalk systems in the Borough. Where pedestrian paths
are located outside the Borough sidewalk network, the locations and,
as necessary, design maintenance, and management provisions (including,
where deemed necessary by the Borough, proposed easement language),
shall be submitted as part of the subdivision or land development
plan.
F.
At least one side of each dwelling unit or lot shall abut common
open space for direct views and access, except when there is safe
and convenient pedestrian access thereto.
G.
Where applicable, a portion of the common open space area shall be
placed along the Borough boundary line to serve as a buffer to the
adjacent municipality which may allow or contain different land uses
or densities than allowed on the tract within the Borough.
H.
Common open space shall be designed and located, to the maximum extent feasible and in accordance with the terms of § 22-709, Subsection 1I, of the Borough Subdivision/Land Development Ordinance, to preserve existing trees six inches in caliper and greater, watercourses, flood plains, wetlands, slopes over 15%, and scenic views.
I.
As determined by Borough Council, upon recommendation of the Borough
Planning Commission and in consultation with the applicant, recreation
facilities shall be provided by the applicant within that portion
of the common open space designated for active recreation use.
J.
Where a tract proposed for a use requiring common open space is less
than four acres, the standards of this subsection shall be applicable
except as noted below:
(1)
The minimum width of 100 feet in its narrowest dimension for active recreation areas, as required in Subsection 2A, may be reduced to not less than 20 feet where necessary.
(2)
Areas to be designated for active recreation use within the
common open space must meet the following minimum area requirements:
(3)
Where Borough Council, in its discretion and upon specific recommendation from the Borough Planning Commission, determines that there is insufficient and/or inappropriate land within the tract to comply satisfactorily with the requirements for active recreation area as part of the common open space, it may accept a fee in lieu of the active recreation land and facilities as would otherwise have been required. Calculation, submission, and administration of the fee amount shall be in accordance with the terms of § 22-709, Subsection 1, of the Borough Subdivision/Land Development Ordinance.
K.
Protection of Common Open Space by Conservation Easement.
(1)
All areas designated as common open space shall be subject to
a conservation easement prohibiting in perpetuity any further subdivision
or development of the open space. The easement shall set forth general
terms for use and maintenance of the open space, as established by
Borough Council in relation to the open space objectives to be achieved
by creating the common open space. The easement shall not impose limits
on agricultural practices and uses within the common open space.
(2)
The conservation easement shall be granted in favor of a qualified
conservation organization or, at the discretion of the Borough, in
favor of the Borough. The Borough shall be under no obligation to
accept easements on common open space.
(3)
The applicant for approval of a subdivision or land development
plan containing an area or areas of common open space shall provide,
as a condition of final plan approval, an endowment to fund the cost
of ongoing monitoring and enforcement of the terms of the conservation
easement. The amount and form of the endowment shall be as specified
by Borough Council; the amount of the endowment principal shall be
established on the basis that the interest earnings will be sufficient
to cover the projected periodic cost of monitoring and, as necessary,
enforcement.
3.
Common Open Space Ownership and Maintenance.
A.
Any of the following methods shall be used either individually or
in combination to preserve, own, and maintain common open space and
any improvements thereon: condominium, homeowners association, dedication
in fee simple, easements and transfers to a private conservation organization.
Regardless of the method(s) used, residents of the development shall
at all times have access to the common open space. The following requirements
are associated with each of the various methods:
(1)
Condominium. The common open space may be controlled through
the use of condominium agreements. Such agreement shall be in conformance
with the Uniform Condominium Act of 1980, 68 Pa.C.S.A. § 3101
et seq. All common open space land shall be held as "common element."
(2)
Homeowners Association. The common open space may be held in common ownership by a homeowners association. This method shall be subject to all of the provisions of Subsection 3B.
(3)
Fee Simple Dedication. The Borough may, but shall not be required
to, accept any portion or portions of the common open space, provided
that such land is accessible to the residents of the Borough, that
there is no cost of acquisition other than any costs incidental to
the transfer of ownership, such as title insurance, and that the Borough
agrees to and has access to maintain such lands. Where the Borough
accepts dedication of common open space that contains improvements,
Borough Council may require the posting of financial security to ensure
structural integrity of said improvements as well as the functioning
of said improvements for a term not to exceed 18 months from the date
of acceptance of dedication. The amount of financial security shall
not exceed 15% of the actual cost of installation of said improvements.
(4)
Dedication of Easements. The Borough may, but shall not be required
to, accept easements for public use of any portion or portions of
common open space land, title of which is to remain in ownership by
condominium or homeowners association; provided, that such land is
accessible to Borough residents, that there is no cost of acquisition
other than any costs incidental to the transfer of ownership, such
as title insurance, and that a satisfactory maintenance agreement
is reached between the developer and the Borough.
(5)
Transfer of Easements to a Private Conservation Organization.
With the permission of the Borough, an owner may transfer easements
to a private nonprofit organization, among whose purposes is to conserve
open space and/or natural resources; provided, that the organization
is acceptable to Borough Council and is a bona fide conservation organization
with perpetual existence, that the conveyance contains appropriate
provision for proper reverter or retransfer in the event that the
organization becomes unwilling or unable to continue carrying out
its functions, and that a maintenance agreement acceptable to Borough
Council is entered into by the developer and the organization.
B.
Where a homeowners association is formed, it shall be governed by
the following regulations:
(1)
The owner or applicant proposing to establish a homeowners association
shall provide to the Borough a description of the organization, including
its by-laws and documents governing maintenance requirements and use
restrictions for the open space. The terms and conditions of such
by-laws and documents shall be subject to the review and approval
of the Borough.
(2)
The association shall be established by the owner or applicant
and shall be operating (with financial subsidization by the owner
or applicant, if necessary) prior to the sale of any lots or dwelling
units within the development.
(3)
Membership in the association shall be mandatory for all purchasers
of dwelling units within the development, and for their successors.
(4)
Except where modified under terms of a lease, as authorized by Subsection 3B(9), below, the association shall be responsible for maintenance of and insurance on the common open space. Where the Borough determines that the homeowners association or other responsible party has failed to maintain the land in accordance with the documents governing maintenance requirements, the Borough shall have the right to assume maintenance responsibilities in the manner prescribed for planned residential developments in § 705(1) of the Municipalities Planning Code, 53 P.S. § 10705(1).
(5)
Unless demonstrated by the applicant to be infeasible, he shall
arrange with the Chester County Board of Assessment a method of assessment
of the common open space that will allocate to each tax parcel in
the development a share of the total assessment for such open space.
(6)
The members of the association shall share equitably the costs
of developing, maintaining, insuring, and managing the common open
space, in accordance with procedures established for the association.
Shares shall be defined within the association bylaws.
(7)
In the event of any proposed transfer of the common open space
by the homeowners association, or the assumption of maintenance of
the open space by the Borough, notice of such action shall be given
to all members of the homeowners' association by said association.
Any proposed transfer of ownership of the common open space by the
homeowners' association shall be subject to prior review and approval
by Borough Council.
(8)
The association shall have or hire adequate staff, as necessary,
to administer common facilities and properly and continually manage
and maintain the common open space.
(9)
The homeowners association may lease back some or all of the
open space lands to, or enter into a contract with, the developer,
his heirs or assigns, the owner of the tract prior to its development,
or any other person or corporation qualified to operate, manage, and
maintain the open space or an identified portion thereof for the purposes
set forth in this section. Such lease agreement shall provide that
the residents of the development shall at all times have access to
the open space lands contained therein, and that the operation of
open space facilities may be for the benefit of the residents only
or may be open to the residents of the Borough, at the election of
the developer and/or homeowners association, as the case may be. The
lease or contract shall be subject to the approval of the Borough,
as shall any transfer or assignment of the lease or contract.
(10)
Lease agreements entered into shall be recorded with the Recorder
of Deeds of Chester County within 30 days of their execution. A copy
of the recorded lease, as approved and executed, shall be filed with
the Borough.
C.
Violation; Notice; Enforcement Remedies; Liens.
(1)
Violation. In the event that the association or any other owner
or successor organization shall, at any time after establishment of
a development containing common open space, fail to maintain the common
open space in reasonable order and condition in accordance with the
development plan and maintenance documents, such failure shall constitute
a violation of this chapter.
(2)
Notice. In the event that the association or any other owner
or successor organization shall, at any time after establishment of
a development containing common open space, fail to maintain the common
open space in reasonable order and condition in accordance with the
development plan and maintenance documents, Borough Council or any
officer or employee of the Borough designated thereby for the purpose
is hereby authorized to give written notice, by personal service or
by United States mail, to the owner of record of any violation of
this chapter and directing the owner to remedy same within 20 days.
(3)
Enforcement Remedies. Any person, partnership, or corporation
who or which has violated or permitted the violation of the provisions
of this chapter shall, upon being found liable therefore in a civil
enforcement proceeding commenced by the Borough, pay a judgment of
not more than $500, plus all court costs, including reasonable attorney
fees incurred by the Borough as a result thereof. No judgment shall
commence or be imposed, levied, or be payable until the date of the
determination of a violation by the district justice. If the defendant
neither pays nor timely appeals the judgment, the Borough may enforce
the judgment pursuant to the applicable rules of civil procedure.
Each day that a violation continues shall constitute a separate violation,
unless the district justice determining that there has been a violation
further determines that there was a good-faith basis for the person,
partnership, or corporation violating the ordinance to have believed
that there was no such violation, in which event there shall be deemed
to have been only one such violation until the fifth day following
the date of the determination of a violation by the district justice.
Thereafter, each day that a violation continues shall constitute a
separate violation. All judgments, costs, and reasonable attorney
fees collected for the violation shall be paid over to the Borough.
(4)
Lien. Should any bill or bills for removing, trimming, or cutting
of grass, weeds, or vegetation be unpaid on November 1 of each year,
a penalty of 10% shall be added to such bill or bills and a lien shall
be filed against the premises in the same manner as other municipal
claims are filed.
[Ord. 593, 4/8/1986; as amended by Ord. 790, 8/21/2006, § 5]
1.
A kennel shall be contained in a completely enclosed building, shall
be soundproofed, and shall not be located closer than 150 feet to
any residential zoning district boundary, residential lot line, or
street right-of-way line.
2.
Any outdoor animal pen, stall, or runway shall be located only within
the rear yard.
3.
The kennel shall have all outdoor exercise yards entirely fenced
to prevent animals from leaving the property.
4.
The applicant shall provide a plan for the disposal of animal wastes
generated by the operation.
5.
The owner/operator of the kennel shall be responsible to exercise
sufficient control over the animals and shall not allow a nuisance
condition to be created in terms of noise, dirt, or odor.
6.
The applicant shall provide the Borough Council with a plan for the
disposal of animals that perish while on the property, either by controlled
incineration or removal from the premises in a sanitary manner within
24 hours of their death.
7.
All animals shall be housed in an enclosed all-weather protective
structure between the hours of 8:00 p.m. and 7:00 a.m.
8.
The applicant shall provide the appropriate Department of Agriculture
license and obtain a use and occupancy permit prior to opening the
operation.
9.
The sale of related products shall remain accessory to the kennel,
and any area devoted to such sales shall comprise no more than 25%
of the floor area of the principal building.
[Ord. 593, 4/8/1986; as amended by Ord. 794, 10/25/2006,
§ 1]
1.
The following provisions shall apply to sanitary landfills when permitted
by this chapter:
A.
The tract serving as a sanitary landfill shall contain a minimum
of 10 contiguous acres undivided by streets, streams, or rights-of-way.
All operations, including buildings, structures, and grading, shall
be set back a minimum of 200 feet from any property line or floodplain
district boundary.
B.
All sanitary landfills shall be completely enclosed by fencing to
deter trespassing and to prevent debris from blowing onto adjoining
properties.
C.
All sanitary landfills shall be designed and operated in accordance
with the requirements of the Pennsylvania Department of Environmental
Protection.
D.
Access to a sanitary landfill facility shall be from an arterial
or collector road as defined by the Oxford Borough Comprehensive Plan,
to limit traffic congestion and excessive wear on collector and local
roads.
E.
All trucks entering and leaving the landfill shall be covered. Roads
used for access within and adjacent to the tract shall be patrolled
daily to pick up and dispose of scattered and blowing refuse.
F.
All sanitary landfills shall be owned and operated by the Borough
of Oxford.
[Ord. 593, 4/8/1986]
1.
The following regulations apply to recycling collection centers where
permitted:
A.
Where a recycling collection center is located on a property which is adjacent to a residential district or use, there shall be a setback from the district boundary of at least 100 feet, screened in accordance with § 27-1214.
B.
The area where recyclable materials are stored outside shall be enclosed
within a wall or fence at least eight feet in height and which is
designed and constructed so as to be at least 90% solid or opaque.
Use of landscaping materials and earthen berms is encouraged to achieve
an effective screen.
C.
Storage piles shall not exceed eight feet in height.
D.
There shall be provided at least a twelve-foot-wide accessway which
shall be kept clear and free at all time to provide for access to
all parts of the premises for firefighting and other safety or emergency
purposes.
E.
Gasoline, oil or other flammable, or toxic substances shall be removed
from any recyclable materials or other items stored in the premises.
Such liquid shall be removed and disposed of in a proper manner and
shall not be deposited on or into the ground.
F.
No material shall be burned on the premises.
G.
No garbage or other waste liable to give off a foul odor or attract
vermin or insects shall be kept on the premises, and all recyclable
material shall be stored or arranged to prevent accumulation of water.
[Ord. 593, 4/8/1986; as added by Ord. 774, 7/18/2005, § 6]
1.
Specific Intent. In allowing opportunities for accessory dwelling
units within owner-occupied single-family detached dwellings, it is
the specific intent of this section to respond to the temporary housing
needs of resident families. In particular, the Borough seeks to balance
the desire of extended families to provide a discrete residence for
a family member with the need to protect the single-family residential
character of the surrounding neighborhood.
2.
Eligibility. An accessory dwelling unit shall be permitted by right
as an accessory use in the PD-1, R-1, and R-2 Zoning Districts, subject
to the conditions set forth in this section and all other applicable
provisions of this chapter.
3.
Standards for Accessory Dwellings. Any proposed accessory dwelling
unit must be in compliance with the following standards.
A.
The purpose for establishing the accessory dwelling unit shall be
to meet the needs of a member or members of the family of the owner-occupant
of the principal single-family dwelling. One of the two dwelling units
shall be owner-occupied and the other dwelling unit shall be occupied
by a person or persons related by blood, adoption, or marriage to
the owner-occupant. When the need of the family member or members
that is being met by the accessory dwelling unit no longer exists,
subsequent occupancy of the accessory dwelling unit shall only be
by another family member.
B.
The maximum number of occupants of any accessory dwelling unit shall
be two.
C.
There shall not be more than one accessory dwelling unit created
within any single-family dwelling.
D.
The applicant shall provide documentation from the Oxford Area Sewer
Authority that the proposed accessory dwelling unit can be connected
to, and that its wastewater needs will be served by, the Authority's
sewage facilities.
E.
One off-street parking space shall be required for the accessory
dwelling unit, in addition to those utilized by the principal dwelling.
F.
To ensure compliance with this chapter, an architectural plan shall
be submitted as part of the building permit application, accurately
drawn to scale, indicting the relationship and size of the two dwellings
units within the existing structure, as well as parking areas and
any proposed exterior alterations.
G.
The minimum size of an accessory dwelling shall be 300 square feet
of gross habitable area and the maximum size shall be 800 square feet
of gross habitable area.
H.
Attachment of a mobile home or travel trailer to an existing structure
shall not be permissible addition for the purposes of creating an
accessory dwelling unit.
I.
The accessory dwelling unit shall not be used for profit or rental
purposes.
J.
The accessory dwelling unit shall not have a separate postal address
different from that of the principal single-family dwelling, and shall
not have separate utility connections, meters, or billing.
[Ord. 593, 4/8/1986; as added by Ord. 780, 12/19/2005, § 9;
and as amended by Ord. 798, 1/8/2007, § 9]
1.
The following standards shall apply to a bed-and-breakfast operation
when permitted under the terms of this chapter:
A.
A bed-and-breakfast operation shall be contained within a single-family
detached dwelling that is in compliance with all applicable area and
bulk requirements of this Chanter. Where a zoning district in which
the use is permitted contains no such requirements for single-family
dwellings, the standards for single-family dwellings in the R-2 Residential
District shall be applied.
B.
At least one bathroom shall be provided for the first guest room,
plus one bathroom for each additional guest rooms. The living quarters
for the resident/operator shall have its own bedroom and bathroom.
Bathrooms shall be equipped with a toilet, washbasin and bath and/or
shower.
C.
Guests shall not remain in the same bed-and-breakfast facility for
more than 14 consecutive days.
D.
No more than five guest rooms may be offered in any bed-and-breakfast
facility.
E.
The bed-and-breakfast operation shall be conducted only by the owner
of the single-family dwelling, who shall also be the occupant of the
dwelling. The owner's family member(s) residing on the property, and
not more than two nonresidents, may be employed. As applied to the
property, ownership shall comprise not less than a majority interest.
F.
Meals shall consist of breakfast only, and only for the guests of
the facility. Owners shall comply with all federal, state, and county
regulations for the preparation, handling, and serving of food. There
shall be no separate cooking facilities in any guest room.
G.
The applicant shall present the necessary documentation from the
Oxford Area Sewer Authority that sufficient sewer capacity exists
and can be utilized at this property to meet the additional wastewater
needs created by the bed-and-breakfast operation.
H.
One off-street parking space shall be provided for each guest room,
in addition to the off-street parking spaces required for the single-family
dwelling.
I.
Any amenities, such as a tennis court or swimming pool, shall be
solely for the use of the residents and guests of the facility.
J.
Each guest room in a bed-and-breakfast facility shall be equipped
with a smoke detector and fire extinguisher, and shall comply with
any other applicable requirements of the Oxford Borough Fire Code.
All floors above ground level shall have an exterior emergency escape
access to ground level. Fire escapes, external stairways, or additional
external doors shall be located either to the side or rear of the
residence. Guests shall be provided information regarding the floor
plan of the dwelling and the location of emergency exits.
K.
One sign shall be permitted in association with a bed-and-breakfast facility. The area of any one side of any such sign shall not exceed four square feet. Notwithstanding the standards in § 27-1602, the sign may be illuminated by a low-level light source provided that the light source is not visible, no glare is detected from any property line or vehicular access, and only the sign is illuminated. Any freestanding sign shall have a maximum height of four feet, as measured from the ground surface to the top of the sign.
L.
Exterior and interior alterations shall be limited to those customarily
associated with residential use or those which may be required by
the Pennsylvania Department of Labor and Industry or for safety reasons
as required by any other local, state or federal regulation.
M.
The minimum living area of a guest room (exclusive of closets) shall
be not less than 120 square feet for the first two occupants, with
an additional 50 square feet required for a third occupant. No guest
room shall be occupied by more than three guests.
N.
Upon approval as a conditional use, any occupancy permit issued for
a bed-and-breakfast operation shall have a life of one year. The permit
may be renewed annually, provided that the Code Enforcement Officer
has inspected the facility and found it to be in compliance with the
provisions of this chapter and any conditions imposed by Borough Council
as part of the conditional use approval.
[Ord. 593, 4/8/1986; as added by Ord. 782, 12/19/2005, § 5]
1.
The following standards shall apply to an arcade when permitted under
the terms of this chapter:
A.
An arcade may be open for business only between the hours of 9:00
a.m. and 10:00 p.m., or any lesser amount of hours during that period.
B.
There shall be a minimum distance of 100 linear feet between any
two arcade uses, measured from the closest exterior walls of the two
uses.
C.
An arcade shall have an on-site manager whenever the use is open
to the public. The manager shall be responsible to control rowdy,
noisy, or otherwise disturbing behavior, and to prevent gambling or
other illegal activity.
D.
The owner or operator of an arcade shall pay an annual license fee,
in an amount set by resolution of Borough Council, on or before January
1 of each year during which the arcade is proposed to operate.
E.
The application for conditional use approval shall be accompanied
by a working plan for the clean-up and disposal of litter. Dumpsters
or similar large-scale outdoor trash receptacles shall be completely
screened from view, and access gates shall be closed at all times
when not in use.
F.
Borough Council shall give particular attention to measures proposed
by the applicant to protect neighboring properties from excessive
noise, light, or other visual intrusion, and may impose specific conditions
to ameliorate such potential impacts.
[Ord. 593, 4/8/1986; as added by Ord. 782, 12/19/2005, § 6]
1.
The application for conditional use approval shall be accompanied
by a working plan for the clean-up and disposal of litter. Dumpsters
or similar large-scale outdoor trash receptacles shall be completely
screened from view, and access gates shall be closed at all times
when not in use.
2.
Food service associated with the use shall be permitted, provided
that it complies with all applicable requirements of this chapter
and the Chester County Health Department.
3.
Off-street parking requirements in the C-1 District:
A.
The following off-street parking facilities shall be provided for
an indoor entertainment use: one parking space for every three customers
(or patrons), computed on the basis of maximum servicing capacity
at any one time, as shall be determined by the Borough, plus one additional
space for every two persons regularly employed on the premises at
a peak period of use. Specific provisions over and above this standard
may be required for uses, such as movie theaters, involving successive
changes of patrons with a corresponding overlap in parking required.
4.
In the C-3 District, no off-street parking shall be required.
5.
Borough Council shall require a traffic impact study in accordance
with the following:
A.
A traffic impact study shall be required under one or more of the
following circumstances:
(1)
The proposed use will occupy 50,000 square feet or more of floor
area.
(2)
The proposed use will have a trip generation rate of at least
500 ADT, as established in the most recent edition of the Trip Generation
Manual (Institute of Transportation Engineers).
(3)
Borough Council determines that the nature of the proposed use
will generate unusual or excessive concentrations of vehicular traffic
entering or leaving a site, e.g., a multiple-theater complex.
B.
The content of the traffic impact study shall be such as to enable
Borough Council to assess the likely impacts of the proposed use on
the existing transportation network of the Borough and surrounding
areas. The purpose of the study is to identify any traffic problems
likely to result from the proposed use in relation to ingress/egress,
road capacities, off-site traffic flow, public transportation, and
pedestrian and other non-vehicular circulation.
C.
The study shall include, but not necessarily be limited to, an analysis
of expected traffic generation to, from, and upon surrounding roads
within a radius of 1/2 mile from the proposed site, particularly showing
a.m. and p.m. peak hours of existing traffic flow during a normal
business day, in comparison to that which is anticipated after the
proposed use is operating. Estimated peak hour trip generation shall
be based on procedures established in the most recent edition of the
Trip Generation Manual (Institute of Transportation Engineers).
D.
Existing traffic flows shall be based on actual counts; if these
cannot be obtained, an alternative source must be fully cited and
deemed acceptable by the Borough Engineer.
E.
Borough Council shall review the methodology, assumptions, findings,
and recommendations of the study. Borough Council, upon recommendation
from the Borough Engineer or its own traffic consultant, may impose
upon the applicant additional improvements deemed necessary to accommodate
impacts of the proposed use.
6.
In addition to the mitigation of potential traffic impacts, Borough
Council shall give particular attention to measures proposed by the
applicant to protect neighboring properties from excessive noise,
light, or other visual intrusion, and may impose specific conditions
to ameliorate such potential impacts.
[Ord. 593, 4/8/1986; as added by Ord. 793, 10/16/2006, § 4]
1.
Where permitted under the terms of this chapter, a vehicle towing
service shall comply with the following regulations:
A.
Where a vehicle towing service is located on a property adjacent to a residential zoning district or residential use, there shall be a setback from the adjacent residential zoning district boundary or residential use lot line of at least 100 feet, screened in accordance with § 27-1309, Subsection 1L.
C.
Where a portion of the property is used as an impoundment area, such
area shall be enclosed within a wall or fence at least eight feet
in height that is at least 90% solid or opaque.
D.
No more than two adjoining rows of stored vehicles shall be permitted.
E.
There shall be provided at least a twelve-foot wide accessway which
shall be kept free and clear at all times to provide for access to
all parts of the premises for firefighting and other safety or emergency
purposes.
F.
The maximum amount of time that any vehicle may be impounded on the
property shall be 60 days.
G.
Where the property containing a vehicle towing service is adjacent
to a residential use, the operator will seek to minimize off-site
impacts from noise and related disturbance by limiting the delivery
and off-loading of towed or transported vehicles during other than
regular business hours.
H.
Lighting of any vehicle impoundment area shall be provided. Such
lighting shall provide a minimum illumination level of 1/2 footcandle.
All lighting shall be so designed to prevent direct glare onto adjacent
dwelling units. Shielding shall be designed to eliminate direct light
and glare beyond an angle of 35° from the vertical plane of the
lighting fixture.
[Ord. 593, 4/8/1986; as added by Ord. 798, 1/8/2007, § 10]
1.
The following standards shall apply to public or private schools
when permitted by conditional use:
A.
A public or private school shall comply with the area and bulk requirements
applicable to an institutional use in the PD-1 District.
B.
Off-street parking areas shall not be utilized as recreation areas,
and recreation areas shall not be located within the front yard and
must be set back at least 25 feet from all other lot lines. Except
where separated by a minimum of 300 feet, outdoor recreation areas
shall be screened from adjoining residentially-zoned properties and
properties in agricultural or residential use by means of fences,
plantings, or decorative enclosures sufficient to screen activities
from adjacent lots. Any vegetative materials located within the recreation
area shall be nonharmful (i.e., not thorny, poisonous, allergenic,
etc.).
C.
All applicable state and federal regulations for structures and operations
shall be met. Copies of any required licenses and permits shall be
provided to the Borough.
E.
Enrollment, for the purposes of this section, shall be defined as
the largest number of students on the site at any one time during
a seven-day time period.
F.
Borough Council shall review measures proposed by the applicant to
protect neighboring properties from excessive noise, light, or other
visual intrusion, and may impose specific conditions to ameliorate
such potential impacts.
[Ord. 593, 4/8/1986; as added by Ord. 798, 1/8/2007, § 11]
1.
The following standards shall apply to institutional uses when permitted
by special exception:
B.
For educational or day care facilities proposed as a use accessory
to a place of worship:
(1)
Where educational facilities and programs are offered below
the college level, the applicant shall include a plan for outdoor
recreation that is acceptable to the Zoning Hearing Board. Such plan
shall include appropriate screening and buffering from adjacent residential
properties.
(2)
Student and child drop-off areas shall be designed to eliminate
the need to cross traffic lanes within or adjacent to the site.
(3)
The applicant shall provide a parking plan which demonstrates
that the proposed parking facilities are sufficient for the intended
use and in compliance with the terms of this chapter.
C.
Required off-street parking areas shall be screened or buffered from
street frontages and/or adjacent properties as deemed necessary by
the Zoning Hearing Board.
D.
The Zoning Hearing Board shall review measures proposed by the applicant
to protect neighboring properties from excessive noise, light, or
other visual intrusion, and may impose specific conditions to ameliorate
such potential impacts.
[Ord. 593, 4/8/1986; as added by Ord. 852, 3/12/2012, § 4]
1.
Statement of Intent. It is the intent of this section to allow for
the safe use of solar energy systems within the Borough while providing
simple guidelines to minimize any negative impacts on residents or
properties throughout the Borough. These may include, but are not
limited to, matters of public safety, glare, and stormwater. The requirements
of this section are not intended to hinder the ability of citizens
to supplement their energy supply through the proper use of solar
energy systems. This section also establishes standards for the safe
and appropriate operation of solar farms.
2.
The following development and design standards shall be applied to
the construction and installation of any solar energy system:
A.
Solar energy systems are permitted in all zoning districts as an
accessory use.
B.
A building permit is required for the installation of any solar energy
system.
C.
Energy produced by a solar energy system shall be primarily for personal
use on the property where the system is located. Energy produced in
excess of personal needs on the property may be sold to a local electric
provider, but only as an ancillary and secondary result of the solar
energy system.
D.
The local electrical distribution utility company shall be contacted
concerning the connection of a system to the grid and to address any
further issues. The applicant shall provide written proof to the Borough
as part of the permit application that the local electrical distribution
utility company was contacted and informed of the applicant's intent
to install a solar energy system. Contacting the local electric company
is not necessary for off-grid systems.
E.
Advertising on solar energy systems, other than reasonable identification
of manufacturer and operator, is prohibited. This includes any signage,
streamers, ribbons, flags, banners, or similar materials, but does
not include the posting of appropriate warning signs.
F.
All solar energy systems shall be professionally constructed and
shall be installed in accordance with all applicable codes and manufacturer's
specifications. Solar energy systems shall be certified by Underwriters
Laboratories, Inc., and the National Renewable Energy Laboratory,
the Solar Rating and Certification Corporation, or other certifying
agency determined acceptable by the Borough. The Borough reserves
the right to deny a building permit for proposed solar energy systems
deemed to have inadequate certification.
G.
A solar energy system may be placed on the roof (roof mounted) or
on the ground (ground mounted).
H.
Additional Standards for Roof-Mounted Solar Energy Systems.
(1)
A roof-mounted solar energy system may be mounted on a principal
or accessory building. The system shall in no place hang off or extend
beyond the edge of the roof. For sloped roofs, the system shall not
extend higher than the current peak of the roof. For flat roofs, the
system shall not extend higher than five feet vertically above the
roof and shall not be higher than the maximum allowable height for
buildings in the applicable zoning district. The system shall not
be placed on a front roof unless the Zoning Officer determines that
this represents the only feasible location where a solar energy system
would be functional.
(2)
An application for any roof-mounted solar energy system with
a pitch different than the roof (not flush mounted) must, as part
of the building permit application, submit justification for the proposed
design and demonstrate: (a) how the design will accommodate potential
impacts from snow and wind; and (b) how any potential off-site impacts
from glare will be mitigated. Such documentation shall be prepared
by a professional or professionals acceptable to the Borough.
(3)
For any proposed roof-mounted solar energy system, the building
permit application shall include certification of its structural integrity,
prepared by a professional or professionals acceptable to the Borough.
(4)
For roof-mounted systems, an effort shall be made to make the
wiring and hardware blend in with the roof and building facade.
I.
Additional Standards for Ground-Mounted Solar Energy Systems.
(1)
A ground-mounted solar energy system shall comply with the same
setback requirements as an accessory building in the applicable zoning
district. The system shall not be taller than 15 feet.
(2)
A ground-mounted solar energy system shall not be located in
a front yard.
(3)
Where a ground-mounted solar energy system is proposed to be
located in a residential zoning district and/or adjacent to a residential
use, such system shall be screened from view from neighboring properties
to prevent the impact of glare on such properties. Screening may be
accomplished by vegetation, fences, or walls in accordance with the
terms of this chapter.
(4)
All wiring for ground-mounted solar energy systems carrying
electric current shall, to the maximum extent practicable, be buried
underground to ensure safety. All wiring shall comply with the appropriate
version of the National Electric Code.
(5)
The surface area of a ground-mounted solar energy system shall
be considered impervious surface and subject to the applicable terms
of this chapter.
3.
Passive solar energy systems installed during the construction of
a building that do not include solar panels are not subject to the
terms of this section. If improvements are being made to a building
to increase its use of passive solar energy, a building permit may
be required.
4.
Solar energy systems installed prior to enactment of this section
are not required to comply with the terms of this section. However,
any expansion of these systems at any point shall then require the
updated system to be in compliance with this section.
5.
The following standards shall be applied to the installation and
construction of any solar farm:
A.
A solar farm shall be permitted as a principal use in the PD-1 Planned
Development District and the I General Industrial District when approved
as a conditional use by the Borough Council in accordance with the
terms of this chapter.
B.
A solar farm may be permitted on any Borough-owned property at the
sole discretion of Borough Council.
C.
A solar farm shall comply with the minimum net lot area, minimum
setback, and maximum impervious surface coverage requirements for
a single-family detached dwelling in the PD-1 zoning district.
D.
A security fence of at least eight feet in height must enclose the
perimeter of any solar farm site.
E.
All appropriate warning signage and signage identifying operators
shall be clearly posted at the site.
F.
All wiring and on-site power lines shall be placed underground, to
the maximum extent practicable. Any wiring carrying live current that
is above ground shall be clearly labeled as such.
G.
The following shall be included in any application for conditional
use approval:
(1)
A descriptive plot plan that includes setbacks, property lines,
roads/rights-of-way, buildings, number of solar panels, solar panel
size, and impervious surface coverage calculation.
(2)
An application for a solar farm that is to be connected to the
electric grid may not be approved until written evidence is provided
to the Borough showing a written notice has been provided to the local
electrical distribution utility company notifying them of the applicant's
intentions to build an interconnected customer-owned solar farm.
(3)
If the applicant is not the property owner, an affidavit or
other satisfactory evidence of agreement between the applicant and
property owner confirming that the former has the permission to apply
for conditional use approval is required.
(4)
The applicant shall provide any other relevant studies, reports,
or approvals as may be reasonably requested by the Borough.
(5)
A decommissioning plan, detailing the expected duration of the
solar farm and how the facility will be deconstructed once it is no
longer in use, shall accompany the application. The applicant shall
provide financial security in a form and amount suitable to the Borough
to guarantee the removal of the equipment when its useful lifespan
has been reached.
(6)
Solar panels shall be placed such that concentrated solar radiation
or glare shall not be directed onto nearby properties or roadways.
The Borough may require the applicant to submit a glare study in sufficient
detail to demonstrate that this standard can be met.
(7)
A solar farm shall be sited in such a way that it presents no
threat to traffic or to public health and safety.
H.
If any solar farm has stopped operating for longer than one year,
the Borough may require that the facility be decommissioned at the
owner's expense. A bond or other surety, satisfactory to the Borough,
shall be provided to cover the anticipated cost of deconstruction
of the solar farm.
[Ord. 593, 4/8/1986; as added by Ord. 851, 3/12/2012, § 4]
1.
Statement of Intent. The intent of this section is to allow for the
safe installation and use of wind energy conversion systems (WECS)
for residents and businesses in Oxford Borough. Large-scale industrial
wind farms are not considered suitable in the Borough; certain locations
in the Borough, however, may have the potential for enough wind power
to make smaller systems useful. This section seeks to address the
safety and aesthetic issues associated with wind energy conversion
systems, so as to integrate any systems into the community responsibly.
It is intended to preserve and protect public health and safety without
significantly increasing the cost or decreasing the efficiency of
wind energy conversion systems.
2.
The following development and design standards shall be applied to
the construction and installation of all WECS:
A.
The design of the wind energy conversion system shall conform to
applicable industry standards, including those of the American National
Standards Institute. The applicant shall submit certificates of design
compliance obtained by the equipment manufacturers from Underwriters
Laboratories, Del Norske Veritas, Germanislicer Lloyd Wind Energies,
or other similar certifying organizations.
B.
To the extent applicable, the wind energy conversion system shall
comply with the Pennsylvania Uniform Construction Code, Act 45 of
1999 as amended, and the regulations adopted by the Department of
Labor and Industry.
C.
All electrical components of the wind energy conversion system shall
conform to relevant and applicable Borough, state and national codes,
and relevant and applicable international standards.
D.
Maximum height, as defined by this chapter, of a wind energy system
structure, including all moving and rotating parts, shall be 72 feet.
If a device is attached to an existing structure, then the height
of the attached wind energy device shall not exceed 72 feet, including
the height of the existing structure. No wind turbine blade in any
position shall be less than 12 feet from the ground surface.
E.
No wind energy conversion system shall be installed until the Borough
is given proof that the local electric company is aware that a customer
intends to install an interconnected, customer-owned generator. If
the system is not connected to the grid, it is exempt from this requirement.
F.
All wind turbines shall be painted a non-reflective, neutral color.
G.
No advertising, streamers, flags, or other objects shall be attached
to the wind turbines or other parts of the wind energy conversion
system, except for required warning signs, identification of the owner,
or objects specifically allowed in this chapter.
H.
Unless required by the Federal Aviation Administration or other authorized
body, wind energy conversion systems shall not be illuminated.
I.
On-site transmission and power lines shall, to the maximum extent
practicable, be placed underground.
K.
Where permitted, a wind turbine shall be located in side or rear
yards only.
L.
A WECS shall be a monopole structure and shall be installed without
the use of guy wires or supports other than the foundation.
M.
The owner or operator of any WECS shall be responsible for conducting
an annual inspection of the WECS with regard to its structural integrity,
safety, potential impacts on neighboring properties, and any other
applicable standards of this section. The inspection shall be performed
by a professional acceptable to the Borough. The inspection report
shall be submitted to the Borough and reviewed by the Borough Engineer,
who will consult with the owner or operator with respect to any deficiencies
identified by the inspection that require mitigation.
3.
The following development and design standards shall be applied to
the construction and installation of all residential wind energy systems:
A.
Residential wind energy systems (RWES) shall be permitted as an accessory
use in all zoning districts. A building permit is required for the
installation of any system.
B.
Setbacks.
(1)
Any RWES shall be set back a distance not less than the wind
turbine height from all power lines, occupied buildings, and any other
wind turbine.
(2)
Any RWES shall be set back a distance equal to 1 1/2 times
the wind turbine height or 100 feet, whichever is greater, from any
public road right-of-way or property line.
C.
A fence of at least eight feet in height must separate any RWES turbine
from outside interference; this fence may be placed around the perimeter
of the property or around the turbine.
4.
The following development and design standards shall be applied to
the construction and installation of any large wind energy system
(LWES):
A.
A large wind energy system (LWES) shall be permitted in the PD-1
Planned Development District and the I General Industrial District
and only when approved as a conditional use by Borough Council.
B.
An LWES shall comply with the minimum net lot area requirements for
a single-family detached dwelling in the PD-1 zoning district.
D.
Wind turbines shall not be climbable up to 15 feet unless a fence
of at least eight feet in height encloses the turbines. If an applicant
chooses to use a fence, it may enclose the entire property or only
the LWES.
E.
A development plan including the following shall accompany any application
for conditional use approval of an LWES:
(1)
A site plan showing the planned location of each wind turbine,
property lines, setback lines, access roads and turnout locations,
substation(s), electrical cabling from the large wind energy facility
to the substation(s), ancillary equipment, buildings, and structures,
including permanent meteorological towers, associated transmission
lines, and layout of all structures within the geographical boundaries
of any applicable setback.
(2)
A short narrative, including where in the Borough the system
will be located, the purpose of the system, the intended lifespan
of the system, and a brief decommissioning plan for when this lifespan
is reached.
(3)
The applicant shall provide financial security in a form and
amount suitable to the Borough to guarantee the removal of the equipment
when its useful lifespan has been reached.
5.
Any physical modification to an existing, permitted wind energy conversion
system that materially alters the size, type, and/or number of wind
turbine generators or other equipment appurtenant thereto shall require
a building permit under the terms of this chapter. Like-kind replacements
shall not require a permit hereunder.
6.
Wind energy conversion systems existing prior to the enactment of
this section are exempt from its terms. Any replacement of or physical
modification to such existing system that materially alters the size,
type, and/or number of wind turbine generators or other equipment
appurtenant thereto shall require a permit under the terms of this
chapter.
7.
If a wind energy conversion system is inoperable for 12 consecutive
months, the Borough shall notify the property owner, who shall within
three months either restore the system to operating condition or remove
it at the owner's expense.
[Ord. 593, 4/8/1986; as added by Ord. 870, 7/8/2013, § 3]
1.
Purpose. Outdoor cafes, as defined in this chapter, are permitted
in the C-3 Central Business District pursuant to the terms of this
section and all applicable regulations of this chapter. The purpose
of the outdoor cafe designation is to promote the pedestrian character
of the Borough and the vibrancy of the central business district while
protecting adjacent properties and the general streetscape against
deleterious impacts.
2.
Outdoor Cafe Permit Required. It shall be unlawful for any person
to erect, construct, or maintain an outdoor cafe without first applying
for and securing a permit therefor as provided in this chapter. The
permit shall be valid from the date of issuance until the end of the
calendar year in which the permit was issued.
3.
Permit Application.
A.
Any person who shall desire to open an outdoor cafe in the C-3 zoning
district of the Borough shall make application therefor in writing
to the Code Enforcement Officer. Such application shall be accompanied
by such application fee as required by a schedule of fees established
by, and amended from time to time by resolution of Borough Council.
Such application shall be made annually after the first of the year
upon forms provided by the Borough and shall set forth and include
the following:
(1)
The name and address of the applicant.
(2)
A scaled plan specifying the precise location of the outdoor
cafe portion of the restaurant of which the proposed outdoor cafe
is to be a part. The plan shall include a proposed seating plan, a
calculation of the proposed occupant load and, where applicable, the
location of any adjacent parking spaced in the public right-of-way.
(3)
The written consent of the property owner, if different than
the applicant.
(4)
An agreement of indemnity as outlined in Subsection 4 below, and a certificate of liability insurance naming the Borough as an additional insured.
B.
No action shall be taken on any application for a permit under this
section until the application has been completed in its entirety and
the application fee has been paid in full.
4.
Indemnification of the Borough; Insurance. The applicant/property
owner shall well and truly save, indemnify, defend, and keep harmless
the Borough of Oxford, its officers, employees, and agents from and
against any and all actions, suits, demand, payments, costs, and charges
for and by reason of the existence of the outdoor cafe and all damages
to persons or property resulting from or in any manner caused by the
presence, location, use, operation, installation, maintenance, replacement,
or removal of such outdoor cafe or by the acts or omissions of the
employees or agents of the applicant in connection with such outdoor
cafe. The applicant/property owner must obtain and maintain an insurance
policy which covers general liability in the area of the outdoor cafe
which is within the public right-of-way which names the Borough of
Oxford as an additional insured. Proof that such insurance remains
in force during the continuing operation of the outdoor cafe shall
be provided as part of the annual permit renewal.
5.
Specific Standards. The following regulations shall apply to outdoor
cafes:
A.
A minimum pedestrian walkway of 54 inches clear is to be maintained
in front of the outdoor cafe.
B.
The minimum height of umbrellas which project into the required minimum
pedestrian walkway shall be 80 inches.
C.
There shall be no advertising displayed on umbrellas or tables which
are utilized as part of the outdoor cafe.
D.
If on-street parking exists in front of the outdoor cafe, tables
on the curbline are prohibited. If on-street parking does not exist
in front of the outdoor cafe, tables are permitted at the curbline,
provided that a barrier is erected which is approved by the Code Enforcement
Officer.
E.
Tables which are placed on the sidewalk to be utilized as part of
the outdoor cafe shall not exceed 13 square feet in area.
F.
The outdoor cafe shall employ staff to be situated in the outdoor
cafe location for purposes of preventing open containers of alcohol
from being transported off the property, preventing underage consumption
of alcohol, and preventing intoxication of patrons. In addition, adequate
personnel shall be specifically assigned to the outdoor cafe area
to remove all leftover food items, containers, cups, dishes, eating
utensils, etc., upon departure of the patron.
[Amended by Ord. No. 918-2018, 6/18/2018]
G.
There shall be no temporary signs or banners permitted within the
area devoted to an outdoor cafe.
H.
The owner of an outdoor cafe is responsible for keeping the entire
outdoor cafe space, including the required pedestrian walkway, clean
and free of trash and debris at all times.
[Amended by Ord. No. 918-2018, 6/18/2018]
I.
Hours of Operation:
[Amended by Ord. No. 918-2018, 6/18/2018]
(1)
Outdoor Cafe Associated with a Restaurant. The outdoor cafe
must stop seating newly arrived patrons by or before 10:00 p.m. prevailing
time and must clear all tables of food and beverages by or before
11:00 p.m. prevailing time. All patrons must exit the outdoor cafe
by 11:15 p.m. prevailing time.
(2)
Outdoor Cafe Not Associated with a Restaurant. The outdoor cafe
shall declare a "last call" for food and beverages no later than 10:45
p.m. prevailing time. All patrons must exit the outdoor cafe by 11:15
p.m. prevailing time.
K.
Service To and Conduct of Patrons.
[Amended by Ord. No. 918-2018, 6/18/2018]
(1)
Outdoor Cafe Associated with a Restaurant. The outdoor cafe
must provide table service. All food and beverages served to patrons
shall be prepared on the premises for service to the tables and consumed
at tables. The maximum number of patrons within the outdoor cafe area
shall not exceed the maximum seating capacity of the outdoor cafe
at any given time. No individuals without seats shall be permitted
to stand or congregate in or adjacent to an outdoor cafe.
(2)
Outdoor Cafe Not Associated with a Restaurant. Patrons are not
required to be seated at tables. Beverages shall be provided by the
permittee. Food may be obtained by patrons off site and brought to
the outdoor cafe for consumption. The maximum number of patrons within
the outdoor cafe at any given time shall not exceed the maximum capacity
stipulated by the terms of the outdoor cafe permit.
L.
The owner of an outdoor cafe must provide trash receptacles, acceptable
to the Borough of Oxford, which are located at the exterior of the
premises.
M.
[2]The permittee shall maintain the outdoor cafe in accordance
with all Borough ordinances and state and federal laws, as well as
rules and regulations promulgated and adopted by the Borough which
pertain to the use of outdoor cafes. All applicable requirements of
the Pennsylvania Liquor Control Board shall be strictly complied with
by the permittee.
[Amended by Ord. No. 918-2018, 6/18/2018]
[2]
Editor's Note: Former Subsection 3M, regarding the serving
of beverages, was repealed 6/18/2018 by Ord. No. 918-2018. This ordinance
also provided for the renumbering of former Subsection 3N through
Q as Subsection 3M through P.
N.
Notice for Removal.
(1)
The owner shall remove the outdoor cafe within 30 days after
written notice by the Borough if the Borough determines that the outdoor
cafe is detrimental to the health, safety, and general welfare of
the Borough or its citizens because one or more of the following conditions
has occurred:
(a)
Due to pedestrian traffic changes, the outdoor cafe narrows
the sidewalk to the extent that pedestrian tragic is impeded.
(b)
The outdoor cafe interferes with the maintenance or installation
of an underground utility stricture.
(c)
The outdoor cafe is no longer being used as such.
(d)
The outdoor cafe has been temporarily or permanently closed
for violation of any Borough, state, or federal law and/or regulation.
(e)
The outdoor cafe is operated in violation of any ordinance,
rule, or regulation of the Borough of Oxford.
(2)
In the event that the owner fails to remove the outdoor cafe
within 30 days after written notice, the Borough may proceed to remove
and restore the area and charge the owner for the cost thereof. Should
the outdoor cafe be removed by the Borough, the owner shall be entitled
to a return of the equipment, furnishings, or appurtenances so removed
only after the payment of all costs due to the Borough and by requesting
the return in writing. The responsibility for removal under the provisions
of this Subsection shall be solely that of the owner without any obligation
or cost assessed against the Borough.
O.
The Code Enforcement Officer may approve the erection of a railing
or fence in the sidewalk right-of-way as part of the permit for an
outdoor cafe subject to the following criteria:
(1)
All railings shall be wrought iron in dark muted colors.
(2)
Railings must be installed with removable sections, and must
demonstrate sufficient stability without causing damage to the sidewalk
surface.
(3)
The design of the railing shall not include sharp points on
top of the rails.
(4)
The height of the railing shall be a minimum of 30 inches and
a maximum of 45 inches above the sidewalk grade.
(5)
If on-street parking abuts the sidewalk where the railing is
proposed to be located, the railing shall be installed a minimum of
18 inches from the curbline. If there is no on-street parking which
abuts the sidewalk where the tailing proposed to be located, the railing
shall be installed at the curbline.
P.
Any establishment that is permitted to operate an outdoor cafe on
the premises shall post a copy of this section and any amendments
thereto, within the establishment for inspection by any interested
party.
[Amended by Ord. No. 918-2018, 6/18/2018]
6.
Additional Rules and Regulations. The Borough may, from time to time,
promulgate whatever rules or regulations it deems necessary or desirable
to effectuate the purposes of this section, and the same shall be
approved by the Borough.
[Added by Ord. No. 938-2020, 3/2/2020]
1.
The following standards shall apply to any medical marijuana grower/processor
or dispensary, where such use is permitted as a conditional use under
the terms of this chapter.
A.
Medical Marijuana Grower/Processor.
(1)
A medical marijuana grower/processor shall provide proof of
registration with the PA Department of Health, or proof that registration
has been sought and is pending approval, and shall at all times maintain
a valid, accurate, and up-to-date registration with the PA Department
of Health. Should registration be denied or revoked at any time, any
conditional use approval shall immediately become void.
(2)
A medical marijuana grower/processor shall at all times operate
in compliance with all PA Department of Health regulations pertaining
to such facilities.
(3)
No more than one grower/processor shall be permitted on any
one site or in any one building.
(4)
The site or facility shall provide adequate security to prevent
the unintended transfer of marijuana plants off the premises.
(5)
Off-street parking shall be provided in accordance with the applicable terms of § 27-1211, Parking Regulations, of this chapter. In applying the terms of § 27-1211, Subsection 1(G)(7) to determine the number of parking spaces required, the requirements for "industry, wholesale storage or distribution, research" shall be applied.
(6)
Where off-street loading facilities are to be provided, they shall comply with the standards contained in § 27-1212, Loading and Unloading, of this chapter.
(7)
A medical marijuana grower/processor use shall not be operated
or maintained on a parcel within 1,000 feet of the nearest point on
the property line of a residentially-zoned property or a parcel containing
a public, private, or parochial school or a clay-care center.
(8)
A medical marijuana grower/processor shall submit a disposal
plan to, and obtain approval from, the Zoning Officer or his or her
designee. Medical marijuana remnants and by-products shall be disposed
of according to the approved plan and shall not be placed within an
exterior refuse container.
(9)
No retail sales of medical marijuana and no use of medical marijuana
shall be permitted on the premises of a medical marijuana grower/processor.
B.
Medical Marijuana Dispensary.
(1)
A medical marijuana dispensary shall provide proof of registration
with the PA Department of Health, or proof that registration has been
sought and is pending approval, and shall at all times maintain a
valid, accurate, and up-to-elate registration with the PA Department
of Health. Should registration be denied or revoked at any time, any
conditional use approval shall immediately become void.
(2)
A medical marijuana dispensary shall at all times operate in
compliance with all PA Department of Health regulations pertaining
to such facilities.
(3)
A medical marijuana dispensary may not operate on the same site
as a medical marijuana grower/processor.
(4)
A medical marijuana dispensary shall not be operated or maintained
on a parcel within 1,000 feet of the nearest point on the property
line of a residentially-zoned property or a parcel containing a public,
private, or parochial school or a day-care center.
(5)
The site or facility shall provide adequate security to prevent
the sale of medical marijuana products other than for state-licensed
medical purposes.
(6)
No more than one dispensary shall be permitted on any one site
or in any one building.
(7)
A medical marijuana dispensary must operate entirely within
an indoor, enclosed, and secure facility. No exterior sales and no
sidewalk displays shall be permitted. No drive-through, drop-off,
or pick-up services shall be permitted.
(8)
No use of medical marijuana shall be permitted on the premises
of a medical marijuana dispensary.
(9)
There shall be no emission of dust, fumes, vapors, or odors
which can be seen, smelled, or otherwise perceived from beyond the
lot line of the property where the medical marijuana dispensary is
operating.
(10)
A medical marijuana dispensary shall submit a disposal plan
to, and obtain approval from, the Zoning Officer or his or her designee.
Medical marijuana remnants and byproducts shall be disposed of according
to the approved plan and shall not be placed within an exterior refuse
container.
[Added by Ord. No. 948-2021, 12/20/2021]
1.
A self-service storage warehouse is a permitted use in the I General Industrial District and the PC/LI Planned Commercial/Limited Industrial District when approved as a conditional use by Borough Council, in accordance with the terms of this section and § 27-2009 of this chapter.
2.
Property
utilized for self-service storage warehouse units shall be limited
to the storage of residential, commercial, or professional goods or
records to which access is needed on a limited basis. No business
activity other than the leasing of storage units and the auctioning
of the contents of any unit in violation of the terms of a rental
contract shall be conducted on the premises.
3.
Prohibited
Uses.
A.
The
following uses are expressly prohibited as part of a self-service
storage warehouse:
(1)
Commercial wholesale or retail sales or distribution, or garage/lawn
sales.
(2)
The servicing, repair, or fabrication of motor vehicles, boats, trailers,
lawn mowers, furniture, appliances, or other similar equipment.
(3)
The operation of power tools, spray-painting equipment, table saws,
lathes, compressors, welding equipment, kilns, or other similar equipment.
(4)
The establishment of a transfer and storage business.
(5)
Any use that is noxious or offensive because of odors, dust, noise,
fumes, or vibrations.
B.
The
applicant shall adequately demonstrate that all self-service storage
warehouse rental and/or use contracts shall specifically prohibit
these uses.
5.
The minimum
distance between buildings shall be 20 feet.
6.
Except as noted in Subsection 7 below, all storage shall be located within an enclosed building constructed on a permanent foundation of durable materials. Trailers, boxcars, or similar impermanent or movable structures shall not be used for storage.
7.
Any boat,
trailer, or recreational vehicle may be stored outside in designated
areas. The storage of partially dismantled, wrecked, inoperable, unlicensed,
or unregistered vehicles is not permitted outside and may occur only
within a fully enclosed building. Any recreational vehicle, boat,
or trailer stored outside shall not interfere with traffic movement
within the site.
8.
The proposed
use shall be subject to review by Borough police and fire officials
regarding security and fire protection.
9.
Any self-service
storage warehouse shall be enclosed by an open metal fence, with a
lockable gate and keypad, not less than eight feet in height. Such
fence shall be located no closer to any property line than the applicable
minimum yard setback dimension. The gated portion of the fence shall
be located not less than 60 feet from the front lot line.
10.
Screening.
A.
Vegetative
screening shall be provided along the street line or lines, and where
any side and/or rear yard of a self-service storage warehouse is contiguous
to a residential zoning district. Such screening shall be located
within a planting strip that has a minimum width of 10 feet.
