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New Oxford City Zoning Code

PART 5

TOWN CENTER RESIDENTIAL TCR DISTRICT

§ 27-501 Statement of Legislative Intent.

[Ord. 12/21/1998, § 500]
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 TCR District to establish reasonable standards to provide for a mix of residential uses within the TCR District. Furthermore, it is the intent of this Part to:
A. 
Apply the TCR District to those portions of New Oxford's historic core area which do not have direct access to Lincolnway East or West, Hanover Street, or Carlisle Street.
B. 
Encourage the formation and continuance of a quiet, compatible, and uncongested neighborhoods where a variety of residential dwelling types intermingle harmoniously.
C. 
Discourage the encroachment of commercial establishments or other uses which may adversely affect the residential character of the TCR District.
D. 
Provide for uses that will create transitional areas between areas of the Borough which have developed as contemporary residential neighborhoods and the more intensely developed, mixed-use areas of New Oxford's Historic Core.
E. 
Require any new infill development or building additions or expansions to be consistent with the general architectural styles, setbacks, height, bulk, and placement of structures located on adjoining properties and within the blockade in which the infill development or building addition or expansion is located.
F. 
Recognize the predominant rowhouse, twin, and single-family residential dwelling unit patterns found in the TCR District and provide standards to maintain those patterns.
G. 
Prohibit off-street parking in the front yards of existing buildings or in the front yards of new infill buildings.
H. 
Provide minimum standards for the conversion of single-family detached dwellings into conversion apartments or room buildings.
I. 
Provide for home occupations under appropriate circumstances.

§ 27-502 Uses Permitted by Right.

[Ord. 12/21/1998, § 501]
1. 
Within the TCR District, the following uses are permitted by right.
A. 
Single-family detached dwellings.
B. 
Single-family semidetached dwellings (twins).
C. 
Two-family dwellings (duplexes).
D. 
Single-family attached dwellings including "Rowhouses and Infill Town-houses" but not including "Planned Townhouse Communities."

§ 27-503 Uses Permitted by Special Exception.

[Ord. 12/21/1998, § 502]
1. 
Within the TCR 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 standards and criteria stated below. 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. 
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 § 1204.
(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.
B. 
Home Occupations.
(1) 
A home occupation may include art studios; barber shops and beauty salons containing a maximum of two chairs; educational or instructional services limited to two pupils at one time; professional offices for 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 conducted completely within an owner-occupied dwelling unit and the operator or practitioner must reside in the owner occupied unit.
(3) 
Not more than three persons, including the property owner, shall be working at the home occupation during any given shift.
(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.

§ 27-504 Supplementary Regulations.

[Ord. 12/21/1998, § 503]
1. 
The following regulations shall be applied to any property or structure with frontage on Golden Lane, High Street, Hanover Street, Carlisle Street, Orange Street, Peters Street, or Berlin Avenue within the TCR District.
A. 
The following standards shall be applied to properties which contain structures on the effective date of this Chapter.
(1) 
No special exceptions 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 Golden Lane, High Street, Hanover Street, Carlisle Street, Orange Street, Peters Street, or Berlin Avenue. Any expansions or additions built from the rear or side of structure must conform in scale and building material to the existing building. Expansions or additions to the front of a structure are not permitted.
(3) 
Any rehabilitation or expansion of an existing building shall be 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 buildings 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 sign age.

§ 27-505 Area and Bulk Regulations.

[Ord. 12/21/1998, § 504]
1. 
The following standards shall govern all uses, subdivision projects and land development plans within the TCR District.
A. 
The minimum lot size shall be 5,000 square feet for single-family detached structures, 3,500 square feet per unit for semi-detached or duplex structures, and 2,500 square feet per unit for rowhouses or infill townhouses.
B. 
The minimum lot width shall be 40 feet for single-family detached or duplex structures, 25 feet per unit for semi-detached structures, and 20 feet per unit for rowhouses or infill townhouses.
C. 
The maximum impervious lot coverage shall not exceed 75%. 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 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 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.
(5) 
Side yards shall meet the following standards:
(a) 
The minimum side yard width shall be four feet but the combined width of both side yards shall be 10 feet. When the lot is located in an area of the TCR District where existing structures have been constructed closer to the side property line than the required four feet, minimum side lot requirements may be waived.
E. 
Rear yards shall meet the following standards:
(1) 
The minimum rear yard depth shall be 15 feet.
F. 
The maximum height of any structure within the TCR District shall not exceed 35 feet.
G. 
The maximum width or primary frontage of any structure, excluding rowhouses or townhouses, within the TCR District shall not exceed 60 feet measured horizontally along the front of the building. The maximum width or primary frontage of rowhouses or townhouses within the TCR District shall not exceed 120 feet.