New Oxford City Zoning Code
PART 4
TOWN CENTER MIXED USE TCM DISTRICT
§ 27-401 Statement of Legislative Intent.
[Ord. 12/21/1998, § 400]
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 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:
A.
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.
B.
Encourage the preservation of landscaped spaces surrounding structures in the Borough's historic core area.
C.
Encourage an appropriate mix of residential uses and limited commercial and office-oriented businesses similar to those that currently exist in the area.
D.
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.
E.
Prohibit drive-through or drive-in types of businesses in the TCM District.
F.
Prohibit off-street parking in the front of existing or new infill buildings.
G.
Recognize the predominant pattern of three-story buildings that exist in the TCM District and permit a mixture of uses within these structures.
H.
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.
I.
Provide minimum standards for the conversion of single-family detached dwellings into apartments.
J.
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.
§ 27-402 Uses Permitted by Right.
[Ord. 12/21/1998, § 401]
1.
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.
A.
Single-family detached dwellings.
B.
Single-family semidetached dwellings (twins).
C.
Two-family dwellings (duplexes).
D.
Professional offices including offices for physicians, dentists, lawyers, accountants, real estate agents, insurance agents, artists, planners, architects, engineers, travel agencies and similar professional offices.
E.
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.
F.
Personal service shops including tailors, dressmakers, barbers, beauty salons, and similar professional service shops.
G.
Government offices.
H.
Churches.
§ 27-403 Uses Permitted by Special Exception.
[Ord. 12/21/1998, § 402]
1.
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.
A.
Restaurants (Excluding Drive-through and Drive-in Establishments).
(1)
Hours of operation shall be limited to 5:00 a.m. to 12:00 a.m.
(2)
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.
(3)
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.
B.
Conversion Apartments.
(1)
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 |
(2)
Parking areas shall be located and designed according to the applicable standards of § 1203.
(3)
Minimum apartment size shall conform to the following scale:
Number of Bedrooms | Usable Living Area | |
|---|---|---|
1 | 500 square feet | |
2 | 650 square feet | |
3 | 850 square feet |
(4)
Only existing, single-family detached dwellings may be converted for conversion apartment use.
(5)
A maximum of four units may be created by the conversion of a single-family detached structure.
(6)
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.
(7)
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.
C.
Mixed-Use Structures.
(1)
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.
(2)
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.
(3)
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.
(4)
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).
(5)
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.
(6)
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.
(7)
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.
D.
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.
(1)
A maximum of eight rooms or suites are permitted in bed-and breakfast inns. Up to 12 rooms in hotels may be used as guest quarters.
(2)
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.
(3)
Cooking facilities are prohibited in all guest rooms.
(4)
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.
(5)
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.
(6)
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.
§ 27-404 Supplementary Regulations.
[Ord. 12/21/1998, § 402]
1.
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.
A.
The following standards shall be applied to properties which contain structures on the effective date of this Chapter.
(1)
No special exception will be permitted if it is necessary to demolish an existing building in order to accommodate the special exception use.
(2)
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.
(3)
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.
B.
The following standards shall be applied to all properties which do not contain structures on the effective date of this Chapter.
(1)
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.
(2)
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.
§ 27-405 Area and Bulk Regulations.
[Ord. 12/21/1998, § 403]
1.
The following standards shall govern all uses, subdivision projects, and land development plans within the TCM District.
A.
The minimum lot size shall be 3,500 square feet.
B.
The minimum lot width shall be 30 feet at the building setback line.
C.
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.
D.
Front yards shall meet the following standards.
(1)
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.
(2)
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.
(3)
Existing trees in the front yard areas shall not be cut down unless they interfere with an existing or proposed driveway or become diseased.
(4)
No parking shall be permitted in front yard areas.
F.
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.
G.
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.