[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.