[Ord. 12/21/1998, § 700]
1. 
In expansion of the Community Development Objectives contained in Part 1 of this Chapter, it is hereby declared to be the intent of the MDR District to establish reasonable standards to provide for single-family detached and single-family semidetached residences in areas of the Borough that have developed at a moderate residential density. Furthermore, it is the intent of this Part to:
A. 
Preserve the quiet and uncongested environment that currently exists in those New Oxford neighborhoods devoted to single-family detached and semi-detached residential uses.
B. 
Exclude incompatible commercial and industrial uses from locating in the moderate density residential neighborhoods.
C. 
Provide for moderate density residential neighborhoods within walking distance of amenities such as schools, churches, social clubs and shopping opportunities found in the Historic Core of New Oxford.
D. 
Allow for the development of higher density residential uses, such as townhouses and apartments, in appropriate areas of the MDR District and in accordance with specified development standards.
[Ord. 12/21/1998, § 701]
1. 
Within the MDR District, the following uses are permitted by right:
A. 
Single-family detached dwellings.
B. 
Single-family semidetached dwellings (twins).
C. 
Two family dwellings (duplexes).
[Ord. 12/21/1998, § 703; as amended by Ord. 405, 12/8/2003, § 2]
1. 
Within the MDR District, the following uses are permitted by special exception. The Zoning Hearing Board may authorize a use as a special exception 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 New Oxford Borough, and in the interest of public health, safety, or welfare.
A. 
Home Occupations.
(1) 
A home occupation may include art studios; barber shops and beauty salons containing a maximum of two chairs; instructional services limited to two pupils at a time; professional offices for a single physician, dentist, lawyer, accountant, real estate agent, architect, or similar professional; taxidermist; or other activities of a similar nature.
(2) 
The home occupation shall be carried on completely within the dwelling unit.
(3) 
Not more than two persons, including the property owner, shall be employed in the home occupation.
(4) 
Not more than 25% of the floor area of the dwelling unit shall be devoted to the home occupation.
(5) 
Exterior signs shall be limited to those signs permitted in the sign regulations of this Chapter.
(6) 
Exterior storage of materials shall be prohibited.
(7) 
The residential character of the dwelling shall not be altered to indicate the presence of the home occupation.
(8) 
The home occupation shall not produce offensive noise, vibration, particulate matter, heat, glare, or other similar condition which would detract from the residential nature of the surrounding neighborhood.
B. 
Planned Townhouse Communities.
(1) 
The minimum lot size shall be 2,500 square feet for each unit.
(2) 
The minimum parcel size for a planned townhouse community project shall be one acre.
(3) 
The maximum permitted density shall be six dwelling units to the acre.
(4) 
The maximum number of attached dwelling units in any townhouse structure shall be six dwelling units. Any structure containing four or more units must contain staggered front facades with a minimum differential of two feet.
(5) 
The minimum dwelling unit width shall be 20 feet.
(6) 
Off-street parking shall be provided. Two spaces for every dwelling unit are required. Parking areas shall be located either to the rear of individual townhouse buildings or in common parking areas. Under no circumstances shall parking be permitted within the required setbacks along the perimeter of the property.
(7) 
A designated open space or recreation area shall be provided for any townhouse project site in excess of 12 units. The minimum open space or recreation area shall contain 300 square feet for each dwelling unit.
(8) 
The minimum separation between townhouse buildings shall be 25 feet. Townhouse buildings shall be arranged, to the maximum extent possible, such that the front and rear facades of adjacent buildings do not face each other.
(9) 
Architectural styles and building materials shall be similar to those found in the surrounding residential area. A rendering shall be supplied with each zoning permit application showing all architectural elements and indicating construction materials.
(10) 
A site plan must be submitted with each zoning permit application showing the interrelationships between the proposed structures, open space or recreation areas, sidewalks, streets, parking areas, landscaping and other features necessary to evaluate the proposed site design.
C. 
Multi-Family Development (Apartments or Condominiums).
(1) 
The minimum lot size shall be one acre for each proposed apartment building.
(2) 
The maximum permitted residential density shall be eight dwelling units to the acre.
(3) 
The maximum number of dwelling units in an apartment building shall be eight dwelling units.
(4) 
Off-street parking shall be provided according to the following scale:
Number of Bedrooms
Number of Parking Spaces
1
1.0
2
1.5
3
2.0
The off-street parking requirement may be reduced to one space per unit if the apartments are designed for elderly or handicapped residents and limited to one bedroom units. All parking spaces shall be located in a common parking area. A maximum of two access driveways are permitted to provide access to the common parking area from public streets. Under no circumstances shall parking be permitted at the edges of the development adjacent to existing public streets.
(5) 
The minimum separation between apartment or condominium buildings shall be 50 feet.
(6) 
Architectural style and building materials shall be similar to those found in the surrounding residential area. A rendering shall be supplied with each zoning permit application showing all architectural elements and indicating construction materials.
(7) 
A site plan must be submitted with each zoning permit application showing the interrelationships between the proposed structures, open space or recreation areas, sidewalks, streets, parking areas, landscaping, and other features necessary to evaluate the proposed site design.
D. 
Mobile Home Parks.
(1) 
All mobile home park proposals shall meet the applicable standards contained in the New Oxford Borough Subdivision and Land Development Ordinance [Chapter 22].
(2) 
In addition, the following standards shall be met.
(a) 
Mobile homes shall be located at least 50 feet from all property lines of the mobile home park.
(b) 
A landscaped area, planted in such a manner to provide a visual screen of 40% opacity, shall be provided along all property lines of the mobile home park. The opacity percentage is defined as the percentage of the normal line of sight that is obscured by the visual screen.
1) 
The landscaped area shall be a minimum of 10 feet wide, measured inward from the property line.
2) 
Landscaping materials shall include a mixture of the following: trees, grass, shrubs, mulch, or other suitable landscaping material, not including sand or pavement or other similar material.
3) 
For the length of the landscaped area, a tree shall be planted at no less than twenty foot intervals.
4) 
When planted, the trees shall have a minimum height of eight feet and a minimum caliper of two inches. When mature, all trees shall reach a minimum height of 15 feet and a minimum caliper of five inches.
5) 
Any garbage or other waste and/or refuse which accumulates within the landscaped area shall be promptly removed and disposed of by the applicant.
6) 
All landscaped design shall be performed by a qualified landscaped architect, horticulturist, or similar landscaping specialist.
E. 
Retirement Community.
(1) 
The minimum parcel size for a Retirement Community shall be two acres.
(2) 
The maximum permitted density shall be 12 dwelling units to the acre. In calculating project density, the following ratios shall be used:
(a) 
One independent living dwelling unit shall equal one residential dwelling.
(b) 
One assisted living dwelling unit shall equal 0.8 of a residential dwelling.
(c) 
One nursing home dwelling unit shall equal 0.6 of a residential dwelling.
(d) 
A density bonus of three dwelling units per acre shall be awarded if the project achieves "Leadership in Energy and Environmental Design (LEED) Silver Certification" by the U.S. Green Building Council (USGBC). The Zoning Hearing Board shall be authorized to condition its special exception approval on the applicant's future receipt of such Certification, provided that the applicant submits documentation to the Board indicating how the applicant intends to achieve such Certification. However, the Zoning Officer shall not issue an occupancy permit to authorize occupation of the facility until such Certification is documented and the Certification is submitted to the Zoning Officer.
(e) 
A density bonus of five dwelling units per acre shall be awarded if the project achieves "LEED Gold Certification" by the USGBC. The Zoning Hearing Board shall be authorized to condition its special exception approval on the applicant's future receipt of such Certification, provided that the applicant submits documentation to the Board indicating how the applicant intends to achieve such Certification. However, the Zoning Officer shall not issue an occupancy permit to authorize occupation of the facility until such Certification is documented and the Certification is submitted to the Zoning Officer.
(f) 
A density bonus of three dwelling units per acre shall be awarded if the applicant uses two or more of the following architectural and site design components:
1) 
Courtyard Layout: Building elements shall surround a central courtyard on at least three sides. The courtyard shall contain elements that encourage the congregation of residents of the community. The courtyard may contribute to the area required for active and passive recreation by § 703.E.(6).
2) 
Underground Parking: On-site parking shall be located in an underground parking structure rather than a surface parking lot.
3) 
Landscaping Plan: A landscaping plan shall be prepared by a licensed landscape architect which includes at least 10 trees or 20 shrubs or flowering plants per acre, buffers parking or mechanical equipment areas, and encourages the use of outdoor community areas. Trees shall attain a mature height of at least 25 feet and shrubs or flowering plants shall attain a mature height of at least five feet.
4) 
Dwelling Unit Access to Outdoors: Each dwelling unit, except nursing home rooms, shall have direct access to the outdoors, either through a ground-floor doorway or to a private balcony.
(3) 
Off-street parking shall be provided. One parking space for every residential unit is required. Off-street parking may be provided on individual driveways or in individual garages where single-family detached, two-family, or single-family semi-detached dwellings are proposed. Where townhouse or multi-family dwellings are proposed, off-street parking shall be provided in common parking areas. In addition, one parking space for every employee on the largest shift shall be provided. Under no circumstances shall off-street parking for townhouses or multi-family dwellings, or employees, be permitted along the perimeter of the property or adjacent to existing public streets. All off-street parking area shall be landscaped in accordance with the provisions of Part 12 of this Chapter.
(4) 
The minimum separation between individual buildings within a Retirement Community project shall be 50 feet.
(5) 
Architectural form and scale shall be similar to that found in the surrounding residential area. A rendering shall be supplied with each special exception application showing all architectural elements and indicating the building form used for the project is consistent with residential forms in New Oxford Borough.
(6) 
An area suitable for outdoor active and passive recreation opportunities shall be provided within the Retirement Community complex. The minimum outdoor recreation area shall contain 250 square feet for each dwelling unit. The special exception application shall depict the intended active and passive recreation amenities proposed for the site.
(7) 
Two access driveways, designed in accordance with Borough requirements, shall be provided.
(8) 
Retirement Community projects shall be provided with sidewalks or other suitable pedestrian facilities within the site, as well as suitable pedestrian connections to the existing pedestrian network of New Oxford Borough.
(9) 
Where a Retirement Community is proposed to include a Nursing Home component, the applicant shall demonstrate that the nursing home operator is licensed by the appropriate agency of the Commonwealth of Pennsylvania.
F. 
Age Qualified Housing.
(1) 
The maximum permitted density shall be 12 dwelling units to the acre. However, the applicant may apply for the following density bonuses:
(a) 
A density bonus of three dwelling units per acre shall be awarded if the project achieves "Leadership in Energy and Environmental Design (LEED) Silver Certification" by the U.S. Green Building Council (USGBC). The Zoning Hearing Board shall be authorized to condition its special exception approval on the applicant's future receipt of such Certification, provided that the applicant submits documentation to the Board indicating how the applicant intends to achieve such Certification. However, the Zoning Officer shall not issue an occupancy permit to authorize occupation of the facility until such Certification is documented and the Certification is submitted to the Zoning Officer.
(b) 
A density bonus of five dwelling units per acre shall be awarded if the project achieves "LEED Gold Certification" by the USGBC. The Zoning Hearing Board shall be authorized to condition its special exception approval on the applicant's future receipt of such Certification, provided that the applicant submits documentation to the Board indicating how the applicant intends to achieve such Certification. However, the Zoning Officer shall not issue an occupancy permit to authorize occupation of the facility until such Certification is documented and the Certification is submitted to the Zoning Officer.
(c) 
A density bonus of three dwelling units per acre shall be awarded if the applicant uses two or more of the following architectural and site design components:
1) 
Courtyard Layout: Building elements shall surround a central courtyard on at least three sides. The courtyard shall contain elements that encourage the congregation of residents of the community. The courtyard may contribute to the area required for active and passive recreation by § 703.E.(6).
2) 
Underground Parking: On-site parking shall be located in an underground parking structure rather than a surface parking lot.
3) 
Landscaping Plan: A landscaping plan shall be prepared by a licensed landscape architect which includes at least 10 trees or 20 shrubs or flowering plants per acre, buffers parking or mechanical equipment areas, and encourages use of outdoor community areas. Trees shall attain a mature height of at least 25 feet and shrubs or flowering plants shall attain a mature height of at least five feet.
4) 
Dwelling Unit Access to Outdoors: Each dwelling unit shall be provided direct access to the outdoors, either through a ground-floor doorway or to a private balcony.
(2) 
The minimum parcel size for an Age Qualified Housing project shall be two acres.
(3) 
Off-street parking shall be provided. One parking space for every residential unit is required. Off-street parking may be provided on individual driveways or in individual garages where single-family detached, two-family, or single-family semi-detached dwellings are proposed. Where townhouse or multi-family dwellings are proposed, off-street parking shall be provided in common parking areas. Under no circumstances shall off-street parking for townhouse or multi-family dwellings be permitted along the perimeter of the property or adjacent to existing public streets. All off-street parking area shall be landscaped in accordance with the provisions of Part 12 of this Chapter.
(4) 
The minimum separation between individual buildings within an Age Qualified Housing project shall be 35 feet.
(5) 
Architectural form and scale shall be similar to those found in the surrounding residential area. A rendering shall be supplied with each special exception application showing all architectural elements, and indicating the building form used for the project is consistent with residential forms in New Oxford Borough.
(6) 
An area suitable for outdoor active and passive recreation opportunities shall be provided within the Age Qualified Housing complex. The minimum outdoor recreation area shall contain 200 square feet for each dwelling unit. The special exception application shall depict the intended active and passive recreation amenities proposed for the site.
(7) 
Two access driveways, designed in accordance with Borough requirements, shall be provided.
(8) 
Age Qualified Housing projects shall be provided with sidewalks or other suitable pedestrian facilities within the site, as well as suitable pedestrian connections to the existing pedestrian network of New Oxford Borough.
[Ord. 12/21/1998, § 702]
1. 
The following standards shall govern all uses, subdivision projects, and land development plans within the MDR District unless stricter standards exist in § 702 of this Part or in other New Oxford Borough ordinances.
A. 
The minimum lot size shall be 7,500 square feet for single-family detached or duplex structures, 5,000 square feet per unit for semi-detached structures, and 2,500 square feet for townhouses.
B. 
The minimum lot width shall be 50 feet for single-family detached or duplex structures, 35 feet per unit for semi-detached structures, and 20 feet for townhouses.
C. 
The maximum impervious lot coverage shall not exceed 40%. Impervious lot coverage includes features such as buildings and paved parking lots and other such facilities that do not allow for the infiltration of water into the ground.
D. 
Front yards shall meet the following standards:
(1) 
The minimum front yard depth shall be 15 feet measured from the street right-of-way line.
(2) 
The entire front yard shall be maintained as a landscaped area, except for walkways connecting the entrance with the public sidewalk and for one access driveway.
(3) 
Existing trees in front yard areas shall not be cut down unless they interfere with an existing or proposed driveway or become diseased.
(4) 
Parking shall only be permitted in front yard areas on existing access driveways.
E. 
Side yards shall meet the following standards:
(1) 
The minimum side yard depth shall be 15 feet.
F. 
Rear-yards shall meet the following standards:
(1) 
The minimum rear yard depth shall be 25 feet.
G. 
Maximum building height shall be 35 feet.