In expansion of the Community Development Objectives contained in Part 1 of this Chapter it is hereby declared to be the intent of the TCM District to establish reasonable standards to provide for a mix of residential and limited commercial and office uses within the TCM District. Furthermore, it is the intent of this Part to:
Encourage the full economic use of historic structures along Lincolnway
East and West, Hanover Street, Carlisle Street, and the area surrounding
the New Oxford Square.
Encourage an appropriate mix of residential uses and limited commercial
and office-oriented businesses similar to those that currently exist
in the area.
Require new infill development to be consistent with predominant
architectural styles, setbacks, height, and bulk of structures located
on adjoining properties and within the blockade in which infill development
occurs.
Discourage development of large-scale, retail commercial uses in
the TCM District that would be more appropriately located in a "Highway
Commercial (HC)" or "Light Industrial (LI)" district, because they
require architectural styles dissimilar to those found in New Oxford's
Historic Core, generate high volumes of traffic, a need for large
paved parking areas, and numerous vehicular access points.
Provide minimum standards for the use of existing structures for
commercial purposes on lower floors and residential purposes on upper
floors and for the future development of such use arrangements in
appropriate structures within the TCM District.
Within the TCM District, the following uses are permitted by right. This Section permits, by right, only a single use on each property or within each structure. Properties or structures containing a mixture of uses are permitted provided the special exception standards of § 402 and Part 15 are met.
Professional offices including offices for physicians, dentists,
lawyers, accountants, real estate agents, insurance agents, artists,
planners, architects, engineers, travel agencies and similar professional
offices.
Specialty retail shops including antique shops, florists, card shops,
hobby and craft shops, gift shops, wearing apparel shops, furniture
stores, bookstores (excluding adult bookstores and other "adult entertainment"
uses), camera shops, jewelry stores, and similar specialty retail
stores.
Within the TCM District, the following uses are permitted by special
exception. The Zoning Hearing Board may authorize a use as a Special
Exception Use if it conforms, at a minimum, to the stated standards
and criteria. The Zoning Hearing Board may apply additional criteria
to specific projects where relevant, to protect the historic and architectural
integrity of the Borough, and in the interests of public health, safety,
and welfare.
Kitchen exhaust shall be vented through a vertical exhaust system.
For restaurants located in a two or three story building, all kitchen
exhaust shall be vented to an exhaust outlet located no lower than
the second floor of the building. For restaurants located in a single
story building, all kitchen exhaust shall be vented to an exhaust
outlet located on the roof of the building.
Any trash containers, used for the disposal of restaurant waste
products, shall be shielded from public view by a decorative solid
fence or evergreen shrubbery.
Access to each unit must be reviewed and approved by an appropriate
local fire protection official. The property owner shall provide each
unit with fire alarms, kept in working condition by the property owner
at all times.
The property owner shall provide exit signs in all hallways
leading to and from second and third floor apartments. In addition,
the property owner shall provide each hallway serving independent
units with fire alarms, kept in working order by the property owner
at all times.
Mixed-use structures shall consist of two or more limited specialty
retail or professional office uses or one or more specialty retail
or professional office uses and one or more residential units.
Commercial uses outlined in § 401(E) or (F) may be
located on the first floor of the structure, and also, when access
is approved by appropriate local fire protection officials, on the
second floor of the structure.
Professional office uses outlined in § 401(D) may
be located on the first and second floors of a structure. The third
floor of a structure may also be used for professional offices provided
that the office space on the third floor is an extension of a professional
office business which has its primary office space on the first or
second floors.
Residential apartments may be located on the second and third
floors provided that the minimum apartment sizes conform to the scale
presented in § 402(B)(3), and that off-street parking is
provided according to the scale presented in § 402(B)(1).
Access to and from residential units shall be independent of
access to and from any commercial or professional office uses located
within the mixed-use structure. Independent access may be provided
externally to the building or from an internal system of hallways
and staircases. Under no circumstances should residents be required
to gain access to a residential unit through commercial or professional
office spaces.
Access to second and third floor uses, whether residential,
commercial or professional office in nature, shall be approved by
appropriate local fire protection officials. The property owner shall
supply all residential units and each floor of commercial or professional
office space with fire alarms, kept in working condition by the property
owner at all times.
The property owner shall provide exit signs in all hallways
leading to and from second and third floor uses. In addition, the
property owner shall provide each hallway serving independent units
and each use area with fire alarms, kept in working condition by the
property owner at all times.
Bed-and-Breakfast Inns, and Hotels. Bed-and-breakfast inns, and hotels
shall not include those temporary lodging facilities commonly known
as motels. In interpreting this Section, motels are defined as one
or two story structures, used as temporary lodging businesses, with
parking located in the front yard area between the structure and the
adjoining public streets.
Meals served at bed-and-breakfast inns shall be limited to breakfasts.
There shall be no meal restrictions at hotels, but appropriate licenses
from the state and/or the Borough must be obtained.
Common restrooms are permitted in bed-and-breakfast inns and
establishments. If used, common restrooms in bed-and-breakfasts shall
be provided at the rate of two bathrooms for every three guest rooms.
In hotels, private bathrooms shall be provided in each guest room.
Any required exterior improvements to the building, such as
those required to meet applicable fire safety requirements, shall
be located, to the maximum extent possible, to the rear of the building
and shall not detract from the historic character of the building.
For bed-and-breakfast inns, either the bed-and breakfast owner
or a designated operator shall maintain a permanent residence within
the bed-and breakfast inn.
The following regulations shall be applied to any property or structure
with frontage on Lincolnway East, Lincolnway West, Hanover Street,
or Carlisle Street within the TCM District.
The proposed use must preserve the architectural character of
the front and side facades visible from Lincolnway East or West, Hanover
Street, Carlisle Street, or the New Oxford Square. Any expansions
or additions built from the rear or side of the structure must conform
in scale and building material to the existing building. Expansions
or additions to the front of the structure are not permitted.
Any rehabilitation or expansion of an existing building shall
be of such size, scale, general appearance, and building materials
so as to complement the adjoining historic neighborhood.
New buildings may be constructed on a vacant lot, provided that
the lot and building conform in all respects to the requirements of
this zoning district.
Any new building shall be of such size, scale, general appearance,
and building materials so as to complement the appearance of surrounding
buildings and not detract from the intent of this Part to preserve
the appearance of the Historic Core of New Oxford. Applicants shall
provide a rendering, as part of any zoning application, showing the
front and side facades facing the street. The rendering shall show
all architectural elements, material to be used in construction, color
scheme, and the size and placement of any signage.
The maximum impervious lot coverage shall not exceed 65%. Impervious
lot coverage includes features such as the building and paved parking
lots and other such facilities that do not allow for the infiltration
of water into the ground.
The minimum front yard depth shall be 10 feet, measured from
the street right-of-way line, unless an adjoining property contains
a structure with less front yard depth. In that event, the front yard
setback shall conform to the existing front yard depth of the adjoining
properties.
The entire front yard shall be maintained as a landscaped area,
except for walkways connecting the entrances with the public sidewalk
and for one access driveway.
The minimum side yard width shall be six feet. When the lot
is located in an area of the TCM District where existing structures
have been constructed to the property line, minimum side lot requirements
may be waived.
The maximum height of any structure within the TCM District shall
not exceed 35 feet, unless authorized as a special exception by the
Zoning Hearing Board. Under no circumstances shall a building exceed
45 feet in height. Appropriate local fire protection officials shall
be given an opportunity to review and comment on any special exception
request concerning height requirements.
The maximum width or primary frontage of any structure within the
TCM District shall not exceed 80 feet, measured horizontally along
the front of the building.