Oxford, PA Zoning Ordinance

[1]

Editor's Note: This ordinance also repealed former Ch. 27, Zoning, adopted by Ord. 593, 4/8/1986; as amended by Ord. 598, 9/9/1986; Ord. 609, 7/14/1987; Ord. 622, 12/29/1987; Ord. 623, 12/29/1987; Ord. 636, 5/23/1989; Ord. 642, 12/19/1989; Ord. 657, 10/9/1990; Ord. 674, 10/19/1992; Ord. 690, 12/20/1993; Ord. 704, 6/12/1995; Ord. 705, 8/21/1995; Ord. 707, 2/12/1996; Ord. 708, 2/12/1996; Ord. 718, 12/16/1996; Ord. 722, 1/20/1997; Ord. 724, 11/17/1997; Ord. 729, 2/16/1998; Ord. 736, 2/8/1999; Ord. 738, 6/21/1999; Ord. 744, 10/23/2000; Ord. 754, 2/18/2002; Ord. 758, 7/21/2003; Ord. 760, 10/13/2003; Ord. 762, 4/19/2004; Ord. 770, 1/10/2005; Ord. 774, 7/18/2005; Ord. 780, 12/19/2005; Ord. 781, 12/19/2005; Ord. 782, 12/19/2005; Ord. 787, 3/20/2006; Ord. 789, 6/19/2006; Ord. 790, 8/21/2006; Ord. 791, 8/21/2006; Ord. 793, 10/16/2006; Ord. 794, 10/25/2006; Ord. 797, 12/18/2006; Ord. 798, 1/8/2007; Ord. 800, 4/16/2007; Ord. 804, 10/15/2007; Ord. 805, 10/15/2007; Ord. 810, 12/17/2007; Ord. 814, 1/21/2008; Ord. 822, 9/20/2009; Ord. 832, 7/19/2010; Ord. 840, 6/20/2011; Ord. 841, 6/20/2011; Ord. 842, 6/20/2011; Ord. 846, 9/12/2011; Ord. 851, 3/12/2012; Ord. 852, 3/12/2012; Ord. 853, 3/12/2012; Ord. 858, 11/12/2012; Ord. 865, 6/10/2013; Ord. 866, 6/10/2013; Ord. 870, 7/8/2013; Ord. 871, 7/8/2013; Ord. 872, 7/8/2013; Ord. 888, 6/8/2015; Ord. 894, 4/11/2016; Ord. 895, 4/18/2016; Ord. 904, 6/19/2017; Ord. 906, 6/19/2017; Ord. 907, 9/18/2017; Ord. No. 914-2018, 5/21/2018; Ord. No. 917-2018; 6/18/2018; Ord. No. 918-2018, 6/18/2018; Ord. No. 919-2018, 6/18/2018; Ord. No. 925-2019, 6/17/2019; Ord. No. 927-2019, 8/19/2019; Ord. No. 929-2019, 10/21/2019; Ord. No. 938-2020, 3/2/2020; Ord. No. 946-2021, 11/15/2021; Ord. No. 948-2021, 12/20/2021; Ord. No. 955-2022, 11/21/2023; Ord. No. 958-2023, 1/9/2023; Ord. No. 959-2023, 1/9/2023; Ord. No. 962-2023, 11/20/2023; Ord. No. 964-2024, 2/26/2024; and Ord. No. 965-2024, 8/5/2024.

[1]

Editor's Note: The Zoning Map is included as an attachment to this chapter.

[1]

Editor's Note: The Zoning Map is included as an attachment to this chapter.

[Ord. No. 980-2025, 12/22/2025]

As used in this chapter, the following terms shall have the meanings indicated, and as outlined Chapter 22, Subdivision and Land Development, as applicable.

ABANDONMENT

A relinquishment of a use without intention to resume the said use for a continuous period of time as established under § 27-122.1.D.

ABUT A FRONTAGE

A use abuts a frontage when the facade of the building lies along a lot line, or the line created by a setback from a corresponding lot line, that is identified as having the frontage.

ACCESSIBLE PARKING SPACE

An accessible parking space shall be defined as a parking space set aside for persons with disabilities which limit or impair the ability to walk. Such space, whether on private property or a public street, shall be signed and marked in accordance with the terms of the Oxford Borough Code of Ordinances and shall be limited to those vehicles which prominently display a handicapped parking identification tag or license plate issued by the state of registration of the vehicle.

ACCESSORY DWELLING UNIT (ADU)

A self-contained dwelling unit, located on the same lot as an existing single-family dwelling, which contains its own kitchen and bathroom facilities, has direct access to the outdoors or to a hall from which there is direct access to the outdoors, and is accessory and secondary to the principal single-family dwelling unit (see Figure 1.D-1).

FIGURE 1.D-1

ACT

The Pennsylvania Municipalities Planning Code, Act 247, 53 P.S. § 10101 et seq., as amended.

ADULT USE

Any type of business or combination of businesses where specified anatomical areas are displayed or specified sexual activities are encountered. Adult uses may include, but are not limited to, those defined below. These definitions shall not include, however, any bona fide medical or health service office or establishment in which clients or customers may be required to display any specified anatomical area for the purpose of diagnosis or treatment.

ADULT BOOKSTORE OR VIDEO STORE

An establishment in which a substantial or significant portion of its stock-in-trade consists of books, magazines, periodicals, films or similar media for sale or viewing on the premises and other materials which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas; or an establishment with a segment or section devoted to the sale or display of such material.

ADULT CABARET

An adult club, restaurant, theater, hall, or similar place which features topless dancers, go-go dancers, exotic dancers, strippers, male or female impersonators, or similar entertainers exhibiting specified anatomical areas or performing specific sexual activities.

ADULT MASSAGE PARLOR

A public or private establishment which is used for the provision of the service of stroking, kneading, tapping, or vibrating the human body with the hands or other devices, with or without the aid of oils or other lubricants. This shall not include massage services provided by those duly licensed to perform said activity by the Pennsylvania Department of State.

ADULT MOTION-PICTURE THEATER

An enclosed building used for presenting material distinguished or characterized by emphasis on matter depicting, describing, or related to specific sexual activities or specific anatomical areas for observation by patrons therein.

SPECIFIC ANATOMICAL AREAS

Less than completely and opaquely covered human genitals, pubic region, buttocks; and female breasts below a point immediately above the top of the areola; and human male genitals in a discernibly turgid state, even if completely and opaquely covered.

SPECIFIC SEXUAL ACTIVITIES

Human genitals in a state of sexual stimulation or arousal; acts of human masturbation, sexual intercourse, or sodomy; fondling or other erotic touching of human genitals, pubic region, buttocks, or female breasts.

AGRICULTURE, INTENSIVE

Agricultural uses involving the processing or production of agricultural products which are likely to emit frequent, reoccurring odors or noises considered obnoxious to a residential environment. "Intensive agriculture" includes, among other uses, mushroom production, feedlots, poultry houses, and the like.

AGRICULTURE, PASSIVE

The cultivation of the soil and the raising and harvesting of products of the soil, including nurserying, horticulture, forestry, and animal husbandry, but excluding intensive agriculture.

ALLEY

A minor right-of-way, which may or may not be legally dedicated to the Borough, serving as a secondary means of access to the rear or side of properties otherwise abutting on a street.

ALTERATION

A change, rearrangement, addition to, or diminution of the structural parts of an existing building or structure.

ANIMAL CARE SERVICE

A commercial or non-profit operation that provides treatment and services for the care of domesticated animals and pets that customarily reside and are cared for within a residential dwelling. This may include grooming operations, veterinary clinics, and animal hospitals. This shall not include uses providing overnight boarding services.

APPLICANT

A landowner, developer, or authorized agent who has filed an application under this chapter, including their heirs, successors, and assigns.

AREA MEDIAN FAMILY INCOME (AMFI)

The Area Median Family Income (AMFI) adjusted for family size as determined by the Department of Housing and Urban Development (HUD) for Philadelphia-Camden-Wilmington, PA-NJ-DE-MD Metropolitan Statistical Area. For the purposes of this chapter, HUD's most current reported AMFI percentages by household size shall be used.

ARTS STUDIO OR SHOP

A space utilized for professional work or teaching related to the performing or visual arts and other such craft- or skill-based activities. This may include, but is not limited to, dance, acting, musicianship, music composition or production, painting, photography, sculpture, knitting, needlework, or jewelry making. Such use may include incidental retail sales of goods and merchandise associated with the performing or visual arts or crafted on-site.

ATTAINABLE HOUSING

Shall be defined as housing that meets any one of the following criteria:

Housing that is rented to households with incomes between 60% and 120% of the Area Median Family Income in a manner that no more than 30% of the household's income shall be dedicated to housing.

Housing that is sold to households with incomes between 60% and 120% of the Area Median Family Income in a manner that no more than 30% of the household's income shall be dedicated to housing and deed restricted to require those same standards apply upon resale in perpetuity.

ATTAINABLE HOUSING, CALCULATION

Where this code requires that a percentage of units are required to be attainable housing, the number of units shall be calculated by multiplying the total number of units by the required percentage of attainable housing units and rounding up to the nearest whole unit. For example, a 38-unit building with a 20% attainable housing requirement would require eight attainable housing units (38 x 0.2 = 7.6, rounded up to 8).

BANDING

The use of horizontal or vertical strips that differ from the principal material, color, texture, or setback of a facade, as a means of breaking up the facade of a building.

BAR

An establishment licensed by the Pennsylvania Liquor Control Board to serve alcoholic beverages and designed primarily for the consumption of such alcoholic beverages on the premises, irrespective of whether or not food and/or entertainment are also provided as ancillary services.

BASEMENT

That portion of a building which is partly below and partly above the finished grade and having any portion of its height below the average grade of the adjoining ground. The average grade shall be computed from the mean measurements of the adjoining ground at the four corners of the building.

BED-AND-BREAKFAST

An owner-occupied single-family dwelling containing guest rooms available for short-term overnight rental that also provides meal service to overnight guests.

BERM

An earthen mound designed to create a visual and/or sound barrier between a use and adjoining properties, streets, and uses.

BILLBOARD

A sign which directs attention to a business, commodity, service, or entertainment conducted, sold, or offered at a location other than the premises on which the sign is located.

BOARD

The Zoning Hearing Board of Oxford Borough, Chester County, Pennsylvania.

BOARDING HOUSE

A privately owned single-family dwelling where, for compensation and by arrangement, lodging with or without meals is provided for compensation for no more than four people. This shall not include hotels, inns, nursing homes, short-term rentals, bed-and-breakfasts, and the like.

BOROUGH

The Borough of Oxford, Chester County, Pennsylvania.

BOROUGH COUNCIL

Council of the Borough of Oxford, Chester County, Pennsylvania.

BREAK, HORIZONTAL

An architectural projection or recession that breaks the horizontal plane of a facade. Horizontal breaks may be emphasized by changes in material, material color, or material patterning or changes in the size, type, or rhythm of windows and building components.

BREAK, VERTICAL

An architectural element that creates a visual distinction between the base, middle, or top of a building. Vertical breaks may be created by recesses or projection of the facade or changes in material, material color, or material patterning.

BREWERY

A place where beer is made and may be served but does not include full kitchen service or meal preparation. For the purposes of this chapter, this may include operations with tasting rooms.

BREWPUB

A place where beer is made and served which also includes a full kitchen service and meal preparation.

BUFFERING

A means of limiting the effects created by a use on adjoining properties, streets, and uses, including but not limited to screening, fencing, and use of berms.

BUILDING

Any combination of materials forming an enclosed structure which is erected on the ground and permanently affixed thereto, designed, intended, or arranged for the housing, sheltering, or enclosure for persons, animals, or property of any kind, including attached structures such as utility sheds and carports.

BUILDING AREA

The aggregate of the maximum horizontal cross-section at grade level of all buildings on a lot, excluding cornices, eaves, and gutters projecting not more than 18 inches.

BUILDING CODE OFFICIAL

An agent of the Borough charged with the administration and enforcement of the Borough's applicable building codes.

BUILDING COVERAGE

The ratio of the total building area on a lot to the lot area (See Figure 1.D-2).

FIGURE 1.D-2

BUILDING HEIGHT

The vertical distance of a building measured from the average elevation of the finished exterior grade of a building at the two front corners to the median point of the roof, exclusive of the chimneys, antennas, spires, alternative energy system components, and other similar projections. See Figure 1.D-3.

FIGURE 1.D-3

BUILDING HEIGHT, AT STEPBACK

A measurement from the mean finished grade of the ground adjoining the building along the specified frontage to the finished floor elevation of the floor that begins the stepback.

BUILDING SETBACK LINE

A line established within a lot, measured from the street right-of-way and parallel thereto, defining the minimum distance in which no building may be constructed. In the case of an interior lot not fronting a street for its entire width, the "building setback line" shall be a line parallel to the street right-of-way, measured from the property line nearest the street, defining the minimum distance in which no building may be constructed (See Figure 1.D-2).

BUILDING, ACCESSORY

A building or structure subordinate to the principal building on a lot and used for purposes incidental to those of the principal building, but not including truck bodies, abandoned mobile homes, truck trailers, shipping containers or other similar structures, whether or not permanently affixed to the ground.

BUILDING, PRINCIPAL

A building or structure housing the main and primary use occurring on a lot.

BULK

The size of buildings and other structures and their relationship to each other, to open areas within a lot, such as yards, and to lot lines.

CALIPER

The diameter of a tree trunk measured at a point 3 1/2 feet from ground level at the base of the tree.

CARTWAY

The paved portion of a street right-of-way intended for vehicular use, including travel lanes, but not including shoulders, curbing, and drainage facilities (See Figure 1.D-2).

CLEAR-SIGHT TRIANGLE

An area of unobstructed vision at street intersections defined by lines of sight between points at a given distance from the intersection of the street center lines (See Figure 1.D-4).

FIGURE 1.D-4

CODE ENFORCEMENT OFFICER (CEO)

An agent of the Borough charged with the administration and enforcement of the Borough Uniform Construction Code.

COMMERCIAL COMMUNICATIONS ANTENNA

A device used to collect and/or transmit wireless communications or radio signals, including panels, microwave dishes (for other than satellite communication), and single poles known as "whips."

COMMERCIAL COMMUNICATIONS ANTENNA SUPPORT STRUCTURE

Any pole, telescoping mast, tower, tripod, lattice construction steel structure or any other structure which supports or has attached to it one or more commercial communications antennas.

COMMERCIAL USE

A use of land or improvements thereto for the purpose of engaging in retail, wholesale, or service activities for profit, including but not limited to the storage of material or merchandise held for resale, commercial vehicles, including tractor trailers, and the like.

COMMUNICATIONS TOWER

See "commercial communications antenna support structure."

COMMUNITY CENTER

A building or buildings within a residential community, designed and intended for use by the residents of the residential community and their guests, for purposes including but not limited to dining, assemblage, banquets, meetings, offices, recreation, and uses normally accessory thereto.

COMPREHENSIVE PLAN, OXFORD BOROUGH

The Oxford Borough Comprehensive Plan, adopted by Borough Council and amended from time to time.

COMPREHENSIVE PLAN, OXFORD REGION MULTIMUNICIPAL

The Oxford Region Multimunicipal Comprehensive Plan adopted by the Borough Council and amended from time to time. The required review procedures identified in this Plan shall also apply to the administration of this chapter.

CONDOMINIUM

A system of ownership, and not a type of use, wherein each unit is owned in fee while the land, improvements, and jointly owned facilities remain in common ownership, in accordance with the Pennsylvania Uniform Condominium Act of 1980, 68 Pa.C.S.A. § 3101 et seq.

CONSUMER FIREWORKS

Any combustible or explosive composition or any substance or combination of substances, intended to produce visible and/or audible effects by combustion, and which is suitable for use by the public, that complies with the construction, performance, composition, and labeling requirements promulgated by the Consumer Products Safety Commission in 16 CFR or any successor regulation, and which complies with the provisions for consumer fireworks as defined in the American Pyrotechnics Association (APA) Standard 87-1, or any successor standard. This term does not include such devices as ground and hand-held sparkling devices, novelties and toy caps, as defined in APA Standard 87-1.

CONTRACTOR'S YARD AND SERVICE SHOP

The use of any property, whether inside or outside a building, for the storage, service, or keeping of construction equipment, machinery, or vehicles or parts thereof which are utilized by a construction contractor or otherwise supportive of a similar operation, such as a landscaping company.

COUNTY

The County of Chester, Commonwealth of Pennsylvania.

COUNTY PLANNING COMMISSION

The Planning Commission of the County of Chester.

CROSSWALK

A publicly or privately owned right-of-way for pedestrian use extending from a street into a block or across a block to another street.

DAY CARE

The care in lieu of parental care given for part of the 24-hour day for children under 16 years of age away from their own homes, but that does not include child day care furnished in places of worship during religious services.

DECK

An open, elevated platform that is attached to a principal building and that has no enclosing walls, roof, or shelter from the weather.

DENSITY, GROSS

The allowable number of dwelling units per acre, calculated by dividing the total number of dwelling units proposed within a tract by the total number of acres within said tract.

DENSITY, NET

The allowable number of dwelling units per developed acre, calculated by dividing the total number of units for a given dwelling type by the number of acres so developed, exclusive of common open space, street rights-of-way, and utility easements.

DESIGN OPTION, LOT-CLUSTERING

A means of developing lots which allows a reduction in lot sizes and the creation of common open space based on the physical conditions of a tract when specific criteria are met.

DESIGN OPTION, REDUCED-YARD

A development design option which allows flexibility in required side and/or rear yard setback to create larger contiguous yard area, provided that special criteria are met.

DEVELOPER

Any landowner, agent of such landowner or tenant with the written permission from a landowner, who makes or causes to be made an application for approval of a land development.

DEVELOPMENT

Any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, streets and other paving, utilities, filling, grading, excavation, and the subdivision of land.

DISTILLERY

Any premises or plant wherein alcohol or liquor is manufactured, made and distilled from raw materials, blended or rectified, or any place wherein alcohol or liquor is produced by any method suitable for the production of alcohol. The term shall not include a winery. For the purposes of this chapter, this may include operations with tasting rooms, but not full kitchen service or meal preparation.

DRIVE-THROUGH

A service window, booth, or other like arrangement on the exterior of the building or structure wherein the sale of goods or delivery of services is provided directly to patrons while seated in motor vehicles located on the premises.

DWELLING or DWELLING UNIT

A building or entirely self-contained portion thereof containing complete housekeeping, sleeping, and lavatory facilities used as a residence by only one family with no enclosed space (other than vestibules, entrances, or other hallways or porches) in common with any other dwelling units. This definition excludes units in a motel, hotel, dormitory, hospital, and the like.

DWELLING UNIT TYPES

Dwelling units may be arranged in the following manner (see Figure 1.D-5).

SINGLE-FAMILY, DETACHED: A building providing complete independent living facilities used exclusively for occupancy by one family with a building having independent access and having no common wall with an adjacent dwelling, being completely surrounded by open space (yards) on all sides.

TWO-FAMILY: A building designed for and containing two independent dwelling units, each with independent access and separated by a common wall. Two-family structures may be referred to in one of the following two configurations or some other similar building type:

(1)

Twin. A building consisting of two units separated by a vertical common wall. Each unit has one side yard opposite the side with the common wall.

(2)

Duplex. A building consisting of two units separated by a horizontal common wall.

MULTI-FAMILY

A building designed for and occupied exclusively as a residence for three or more families living in independent dwelling units. Multi-family units may be arranged in the following configurations: townhouses, quadraplexes, apartment buildings, mixed use dwelling units, or other similar use, as follows:

(1)

Townhouse. A single-family attached dwelling unit in a row of at least three but no more than eight such units in which each unit has independent access to the outside, no unit is located over another unit, and each unit is separated from any other unit by one or two vertical common walls. Units with two common walls have no side yards, and end units have one side yard opposite the side with the common wall.

(2)

Apartment. A building or part of a building containing three or more independent dwelling units for rent, separated by common walls, regardless of configuration. Each unit has independent access; however, in some cases access to the outside may be accomplished by a common hallway in accordance with building codes and fire regulations.

(3)

Quadraplex. A building that contains four attached dwellings in one building in which each unit has two open exposures and shares two walls with adjoining units, one vertical wall and one horizontal wall. Each unit has independent access to the outside; however, in some cases access may be accomplished by a common hallway in accordance with building codes and fire regulations.

MIXED-USE DWELLING

Dwelling unit(s) above or behind a nonresidential use within the same building, physically separated from any other dwelling unit. Each unit has independent access to the outside; however, in some cases access may be accomplished by a common hallway in accordance with building codes and fire regulations. The outside access shall be separate from the access for the associated nonresidential use.

FIGURE 1.D-5

EASEMENT

A right-of-way granted, but not dedicated, for limited use of private land for a particular purpose and within which the owner of the property shall not erect any permanent structure but shall have the right to make any other use of the land which is not inconsistent with the rights of the grantee.

ENGINEER

A licensed professional engineer registered by the Commonwealth of Pennsylvania and retained by the Borough of Oxford.

ENLARGEMENT

An addition to the floor area of an existing building, an increase in the size of structures or an increase in that portion of a lot occupied by an existing use.

FAA

Federal Aviation Administration.

FACADE ARTICULATION

A series of small setbacks and projections in the overall street wall. Articulation breaks the scale of the building into an aggregate of smaller forms, introduces rhythm, and relates to the human scale, without detracting from the overall sense of a consistent street wall.

FACADE BREAK

Any break in the plane of a facade that consists of a building offset of a minimum of one foot. A ground-floor canopy or roof element projecting from the building shall be considered a facade break.

FAMILY

One or more individuals living together as a single housekeeping unit, sharing kitchen and other common facilities, and meeting one of the following criteria:

A single person.

Any number of persons related by blood, marriage, or adoption, including foster children and including not more than two other persons, for example, boarders, lodgers, or domestic help.

Not more than four unrelated persons living together as a single cooperative household unit, but excluding occupants of a rooming/boarding house or dormitory.

A group of not more than four individuals with disabilities, living together as the functional equivalent of a family in a group care facility, and entitled to a reasonable accommodation to allow them adequate housing choices pursuant to the Federal Fair Housing Amendments Act of 1988 (42 U.S.C. § 601 et seq.) and the Pennsylvania Human Relations Act (43 P.S. §§ 951 through 963).

FARM MARKET

A retail sales use operated by a governmental agency, nonprofit organization, or one or more producers that primarily sell farm products and value-added farm products directly to consumers. Farm markets may include indoor and outdoor displays and sales. A farm market may be a principal or accessory use of a site.

FARM STRUCTURE

Any structure designed for agricultural use, including the storing of agricultural equipment or farm produce, the housing of livestock or poultry, the processing of dairy products, and the housing of mushroom production. The term "farm structure" shall not include dwellings or tenant housing.

FCC

Federal Communications Commission.

FENCE

A combination of natural and/or man-made materials designed to enclose an outdoor activity or serve as a screen between incompatible uses.

FENESTRATION

The arrangement of windows, doors, and openings on the facade of a building.

FLOOR AREA

The total area of all floors as measured to the outside surfaces of exterior walls, excluding crawl spaces, garages, carports, breezeways, attics without floors and open porches, balconies, and terraces.

FLOOR AREA, GROSS LEASABLE

The total area of all floors within a building contained within walls which is available and suitable for commercial or industrial use. This term shall be exclusive of the floor area included in party and outside walls, overhangs, loading docks, elevator shafts, common hallways, and maintenance facilities.

FLOOR AREA, HABITABLE

The total space in a structure for living, sleeping, eating, and cooking, excluding bathrooms, closets, toilet compartments, halls, storage or utility spaces, cellars, basements, attics, garages, enclosed porches, roofed terraces, balconies, and unheated areas, such as enclosed porches.

FUNERAL HOME

A building or part thereof used for human funeral services, including chapels, embalming, autopsies, storage of caskets, funeral urns and other related funeral supplies, and the storage of funeral vehicles. This shall not include crematories.

GARDEN SHED

A structure not permanently attached to the ground, except by gravity, and used primarily for the storage of yard maintenance equipment and materials.

GRADE

The inclination, with the horizontal, of a road, unimproved land, etc., which is generally expressed by stating the vertical rise or fall as a percentage of the horizontal distance.

GROUP CARE FACILITY

A facility providing shelter, counseling, and other rehabilitative services in a family-like environment that may include minimum supervisory personnel, as required to meet the standards of the licensing agency, where applicable. A group care facility shall be licensed and/or approved if and as required by the appropriate agency. A group care facility shall be permitted within a dwelling unit and shall be considered a residential use.

HEALTH AND/OR FITNESS CENTER

An establishment providing indoor recreation or instruction to patrons for physical health, exercise, or educational purposes.

HIGHWAY ACCESS POINT

The location or place of egress from and ingress to a street or highway created by a driveway, alley, or other street.

HISTORIC STRUCTURE

Any structure that is:

Listed individually in the National Register of Historic Places (a listing maintained by the Department of the Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register.

Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district.

Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior.

Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:

(1)

By an approved state program as determined by the Secretary of the Interior.

(2)

Directly by the Secretary of the Interior in states without approved programs.

HOME OCCUPATION

A use which is customarily carried on within a dwelling unit by one or more occupants of such dwelling in accordance with § 27-230.

HOME OCCUPATION, MAJOR

A use that is customarily accessory to a principal residential use, but that does not meet the criteria for a no-impact home occupation and requires review and approval as a special exception by the Zoning Hearing Board in accordance with the standards of this chapter.

HOME OCCUPATION, NO-IMPACT

A use that is customarily accessory to and carried on within a dwelling unit by one or more residents of such dwelling unit in accordance with the standards of this chapter. Such use shall be clearly secondary to the principal residential use, and shall meet the standards for a "no-impact home business" contained in the Pennsylvania Municipalities Planning Code, 53 P.S. § 10101 et seq.

HOMEOWNERS' ASSOCIATION

A nonprofit private organization comprised of property owners within a unified, planned development, operating under state guidelines for the purpose of administering to the needs of residents and for the maintenance of commonly owned property and improvements.

HOTEL or INN

A building, or any part thereof, which contains living and sleeping accommodations for transient occupancy, and has a common exterior entrance or entrances. A hotel or inn may also include incidental uses such as conference rooms or banquet rooms. Additional commercial services proposed as part of a hotel, such as restaurants, taverns, or spas, shall be considered separate uses for the purposes of this chapter and shall be permitted in accordance with district regulations.

IMPERVIOUS SURFACE

A surface that has been compacted or covered with a layer of material so that it prevents or is resistant to infiltration of water, including, but not limited to, structures such as roofs, buildings, and storage sheds; other solid, paved or concrete areas such as streets, driveways, sidewalks, parking lots, patios, decks, swimming pools, and tennis or other paved courts; or athletic playfields comprised of synthetic turf materials. For the purposes of determining compliance with this chapter, compacted soils or stone surfaces used for vehicle parking and movement shall be considered impervious. Surfaces that were designed to allow infiltration (i.e., areas of porous pavement) will be considered on a case-by-case basis by the Municipal Engineer, based on appropriate documentation and condition of the material, etc. See Figure 1.D-6.

FIGURE 1.D-6

IMPOUNDMENT AREA

A use associated with and part of the principal use of a vehicle towing service, in which towed vehicles, whether operable or disabled, are stored on a temporary basis until claimed or otherwise disposed of. No dismantling, repair, or similar processes involving vehicles shall take place in such area.

IMPROVEMENTS

Those physical additions and changes to the land that may be necessary to produce usable and desirable lots.

IMPROVEMENTS, PUBLIC

Those improvements which are designed to be offered for dedication to the Borough of Oxford.

INSTITUTIONAL USE

A nonprofit, philanthropic establishment involving buildings and grounds, including, but not limited to, service clubs, museums, cemeteries, and places of worship, but excluding public institutions providing medical treatment, mental or physical health services, or overnight accommodations or home care.

JUNKYARD

An area and/or structure used for the collection, storage, and/or sale of used and discarded materials, including, but not limited to, house furnishings, wastepaper, scrap metal, building materials, machinery, or wrecked, disabled, or unregistered vehicles or parts thereof, with or without the dismantling, processing, salvaging, or other use or disposition of same. Two or more wrecked, disabled, currently unregistered vehicles or vehicles without a current inspection sticker, or the major parts thereof, excluding farm vehicles or vehicles contained in a towing service impoundment area, shall constitute a junkyard and shall only be stored in a licensed junkyard. Toxic wastes, radioactive materials, poisons and other substances that are potentially harmful to humans, as well as the collection, storage, and/or disposal of tires unattached to a vehicle, are excluded from this definition and prohibited as part of a junkyard operation.

KENNEL

An establishment where more than 10 dogs, cats, or like domesticated animals more than four months old are kept, boarded, groomed, trained, raised, or bred for compensation. For the purposes of this use, breeding shall mean the production of two or more litters in any one calendar year. A nonprofit animal shelter shall be deemed a kennel.

LAND DEVELOPMENT

Any of the following activities:

The improvement of one lot or two or more contiguous lots, tracts, or parcels of land for any purpose involving:

(1)

A group of two or more residential or nonresidential buildings, whether proposed initially or cumulatively, or a single nonresidential building on a lot or lots, regardless of the number of occupants or tenure.

(2)

The division or allocation of land or space, whether initially or cumulatively, between or among two or more existing or prospective occupants by means of or for the purpose of streets, common areas, leaseholds, condominiums, building groups, or other features.

A subdivision of land.

Development in accordance with Section 503(1.1) of the Pennsylvania Municipalities Planning Code, 53 P.S. § 10503(1.1) et seq.

LANDOWNER

The legal or beneficial owner or owners of land, including the holder of an option or contract to purchase, a lessee when authorized under the lease to exercise the rights of the landowner, or other person having a proprietary interest in the land.

LANDSCAPING

The planting of turf, trees, shrubs, and other vegetative materials within the open areas of a lot, including the maintenance and replacement thereof, for the purposes of erosion control, protection against the elements, promotion of human comfort and screening.

LIFE-CARE FACILITY

A planned residential community for the aged consisting of dwelling units, community centers, health and nursing centers, personal service shops, recreational areas, and common open space.

LIGHT INDUSTRIAL USE

Any industrial or manufacturing use which is free of noxious, injurious, or otherwise objectionable impacts to neighboring properties and the general community, including, but not limited, to the manufacture and assembly of electrical appliances and equipment, jewelry, precision instruments, optical goods and similar products, light metal finishing, polishing and grinding.

LIVE/WORK UNIT

A structure that consists of a principal retail or commercial (i.e., neither a home occupation nor a residential) use, where clients or customers are served, that is located in the front of the structure's first floor, or in its entire first floor. The remaining space is comprised of a single residential dwelling unit that is intended to be occupied by the retail or commercial business operator. Live- work units may be attached to each other.

LIVING WALL

A vertical wall surface covered with vegetation that is either rooted directly into the wall or supported by a growing system.

LOADING SPACE

A portion of land area within a lot, accessible from a street or alley, for the temporary use of vehicles while delivering or receiving merchandise or materials.

LOT

A designated parcel, tract, or area of land established by a plat or otherwise as permitted by law and to be used, developed, or built upon as a unit (see Figure 1.D-7).

CORNER

A lot bounded on at least two sides by streets, whenever the lines of such streets extended form an interior angle of 150° or less. All yards abutting streets shall be considered front yards. The remaining yards shall be treated as side yards.

INTERIOR

Any lot which only has access to a street either by an easement or right-of- way, or any lot which has limited frontage on a street serving solely for access to interior lands.

REVERSE-FRONTAGE

A lot extending between and having frontage on two generally parallel streets, with vehicular access from only the minor street.

FIGURE 1.D-7

LOT AREA

The area of land contained within the legal limits of the property lines, exclusive of land area within rights-of-way of public roads.

LOT AREA, GROSS

The area of land contained within the legal limits of the property lines.

LOT AREA, NET

The area of land contained within the legal limits of the property lines, area exclusive of rights-of- way of public roads, floodplains, wetlands, or other undevelopable property such as steep slopes or lands to be conveyed for public ownership.

LOT COVERAGE

The percentage of lot area covered by impervious surfaces.

LOT FRONTAGE

The lot dimension measured along the street line of any street abutting a lot.

LOT LINE

A property boundary line of any lot held in single and separate ownership. The line shall reflect the legal description of the lot, except that the line abutting a street shall be deemed to be the same as the street right-of-way line (See Figure 1.D-2).

FRONT

The line separating the lot from the street line.

REAR

Any line, except the front lot line, which is parallel to or within 45° of being parallel to and does not intersect any street line.

SIDE

Any lot line which is not a front lot line or rear lot line.

LOT WIDTH

The horizontal distance between side lot lines measured parallel to the street line.

MEDICAL CARE, INPATIENT

An institution for the care and treatment of the sick and injured, equipped with technical facilities and medical, nursing, and other professional and technical personnel necessary for diagnosis and treatment of persons suffering from sickness or injury which require inpatient care, outpatient care, and/or emergency room care. This may include hospitals.

MEDICAL MARIJUANA

Marijuana for certified medical use as legally permitted by the Commonwealth of Pennsylvania pursuant to Act 16 of 2016.[1]

DISPENSARY

A person, including a natural person, corporation, association, trust, or other entity, or any combination thereof, which holds a permit issued from the Pennsylvania Department of Health under Act 16 of 2016, the Medical Marijuana Act,[2] to dispense medical marijuana. The term does not include a health-care medical marijuana organization under Chapter 19 of the Act.

GROWER/PROCESSOR

A person, including a natural person, corporation, association, trust, or other entity, or any combination thereof, which holds a permit issued from the Pennsylvania Department of Health under Act 16 of 2016, the Medical Marijuana Act,[3] to grow and process medical marijuana. The term does not include a health care medical marijuana organization under Chapter 19 of the Act.

MEDICAL OFFICE OR CLINIC

A facility for the diagnosis and/or treatment of patients by licensed medical professionals. This may include a group practice in which several physicians or medical professionals work cooperatively. Medical professionals include, but are not limited to, dermatologists, doctors, dentists, physical therapists, or psychiatrists.

MICROWAVE DISH ANTENNA

A parabolic reflector, together with its supporting members and attachments, used or intended to receive radio or electromagnetic waves from an orbiting satellite.

MIXED RESIDENTIAL COMMUNITY

A tract of land designed and developed from a single, unified plan for a number of dwelling unit types, involving the layout of lots, buildings and improvements, together with a landscaping and open space plan, in order to achieve a community theme and efficient use of shared utilities and roads.

MIXED USE

The utilization of a building or a lot for two or more principal uses. May also be referred to as "mix of uses."

MOBILE HOME

A transportable single-family dwelling intended for permanent occupancy, contained in one unit, or two units designed to be joined into one integral unit capable of again being separated for repeated towing, which arrives at a site complete and ready for occupancy except for minor and incidental unpacking and assembly operations, and constructed so that it may be used without a permanent foundation, including any additional accessory structure such as porches, sheds, decks, or additional rooms. "Mobile home" shall include "manufactured home" and "modular home."

MOBILE HOME LOT OR SITE

A parcel of land in an approved mobile home park, improved with utility connections and other appurtenances necessary for the location thereon of a single mobile home, which is leased by the park owner to the owner or occupants of the mobile home located on the lot.

MOBILE HOME PARK

A parcel of land under single and separate ownership which has been planned and improved for the placement of mobile homes for non-transient use, consisting of two or more mobile home lots.

MULTI-FAMILY DEVELOPMENT

A development created from a unified plan for two or more multi-family dwellings, common open space, parking, and other facilities.

MUNICIPAL USE

An activity carried out and maintained by the Borough of Oxford.

MUNICIPALITY

Borough of Oxford.

MUSHROOM HOUSE

An entirely enclosed building designed and used for the propagation of mushrooms.

MUSHROOM PRODUCTION

The raising and harvesting of mushrooms carried on inside buildings, including accessory operations such as composting for use on the premises only, pasteurization, packaging, and shipping of mushrooms grown on the premises only, and classified as an intensive agricultural use for the purposes of this chapter.

NONCONFORMING BUILDING OR STRUCTURE

A structure or part of a structure which does not conform to the applicable area and bulk setback regulations in this chapter or amendment thereto, where such a structure lawfully existed prior to the enactment of this chapter or subsequent amendment. "Nonconforming structures" shall include, but not be limited to, nonconforming buildings and signs.

NONCONFORMING LOT

A lot held in single and separate ownership which does not conform to one or more of the applicable area and bulk regulations in the district in which it is located.

NONCONFORMING USE

A use, whether of land or of a structure, which does not comply with the applicable use provisions of this chapter or amendment thereto, where such use was lawfully in existence prior to the enactment of this chapter or subsequent amendment.

NURSING HOME

A facility operated for the purposes of providing lodging and skilled nursing care to invalid, infirm, disabled, or convalescent persons for compensation, provided that such facility has obtained proper governmental licensure.

OFFICE, ADMINISTRATIVE OR PROFESSIONAL

The use of a building or structure for the operation of a professional service and/or the day-to-day activities that are related to recordkeeping, billing, personnel, and logistics, within a business or organization. This shall not include facilities with licensed professionals providing medical treatment to patients.

OPEN SPACE, COMMON

An area or areas of land and/or water, substantially free of structures and paved areas, permanently restricted for common enjoyment and recreational use by residents of a development and possibly the general public.

OUTDOOR CAFE

An area used for the purpose of furnishing food and/or beverages to the public to be consumed on the premises on the sidewalk directly abutting and adjacent to the restaurant or other licensed premises. The outdoor cafe area shall be associated with (a) a restaurant, as defined by this chapter; and/or (b) any premises licensed by the Pennsylvania Liquor Control Board, pursuant to the regulations of that Board, to conduct business on said premises, but not meeting the definition of "restaurant" in this chapter.

OUTDOOR SALES OR DISPLAY, PERMANENT

The placement of goods in an area outside the principal structure for advertising, display, or sale purposes as an ancillary and permanent use to a commercial use that is located inside an adjacent building. Such goods available for advertising, display, or sale shall be limited to those products available within the primary commercial use building.

OUTDOOR STORAGE, PERMANENT

The keeping or collecting of man-made or natural materials outside a completely enclosed structure.

OXFORD REGION PLANNING COMMITTEE (ORPC)

The ORPC is a group of dedicated municipal officials and planning commission members who represent their communities in addressing regional planning issues, coordinating for the mutual benefit of the participating municipalities, and working together to implement policies set forth in the Oxford Region Multimunicipal Comprehensive Plan and carrying out responsibilities set forth in their Intergovernmental Cooperative Implementation Agreement.

PARCEL

See "lot," above.

PARKING GARAGE, PUBLIC

A fully enclosed or partially open building, the principal use of which is for the parking of motor vehicles, constructed and operated by, or under the authority of, the Borough of Oxford, and which may include a transit center.

PARKING LOT, PRIVATE

An off-street, all-weather surfaced area designed solely for the parking of motor vehicles, including driveways, passageways, and maneuvering space.

PARKING LOT, PUBLIC

An off-street, all-weather surfaced area designed solely for the parking of motor vehicles, including driveways, passageways, and maneuvering space, constructed and operated by, or under the authority of, the Borough of Oxford.

PARKING SPACE

A reasonably level area available for the parking of one motor vehicle, consisting of a dustless, all-weather surface, and shall include either covered garage space or uncovered parking lot space.

PARKING, OFF-STREET

A parking space or facility for motor vehicles located outside any street right-of-way.

PARTY WALL

A common vertical or horizontal wall that separates two buildings.

PASSIVE SOLAR ENERGY SYSTEM

A system or feature that uses solar energy but does not use solar panels or convert the energy to electricity.

PERFORMANCE GUARANTY

Any security which may be accepted in lieu of a requirement that certain improvements be constructed before the Borough gives final approval to the plan, including performance bonds, escrow agreements and any other collateral or surety agreements.

PERSONAL SERVICE SHOP

Any use providing personal, wellness, financial, technical, or repair services, assistance or advice, or other professional care of personal apparel or other goods to individual consumers. This may include, but is not limited to, barbers, nail salons, hairstylists, spas, shoe repair, etc.

PLACE OF WORSHIP

A nonprofit use of land or a building or buildings as a place of worship, convent, monastery, or similar religious institution, including rectory and parish houses for an organization solely or primarily used as a religious institution when located on the same premises.

PLANNED OFFICE PARK

A tract of land designed and developed from a single, unified plan involving the layout of lots, buildings, and improvements, together with a landscaping and open space plan in order to achieve a campus theme and efficient use of shared utilities and roads, excluding residential and heavy industrial uses.

PLANNING COMMISSION

The Planning Commission of Oxford Borough, Chester County, Pennsylvania.

PUBLIC NOTICE

Notice published once each week for two successive weeks in a newspaper of general circulation in the Borough. Such notice shall state the time and place of hearing and the particular nature of the matter to be considered at the hearing. The first publication shall not be more than 30 days and the second publication shall not be less than seven days from the date of the hearing.

PUBLIC UTILITY CORPORATION

A corporation registered and regulated by the Pennsylvania Public Utility Commission.

REASONABLE ACCOMMODATION

A change, exception, or adjustment to a rule, policy, practice, or service that may be necessary for a person with a disability to have an equal opportunity to use and enjoy a structure, including public and common use spaces.

REASONABLE MODIFICATION

A structural change made to existing premises, occupied or to be occupied by a person with a disability, in order to afford such person full enjoyment of the premises.

RECREATION LAND

An area of land and/or water, substantially free of structures and paved areas, permanently restricted for common enjoyment and recreational use by residents of a development and possibly the general public.

RECREATION OR ENTERTAINMENT, INDOOR

Establishments providing amusement, entertainment, or recreational services occurring within a fully enclosed structure, such as: arcades containing coin-operated amusements and/or electronic games; bowling alleys; movie theaters; laser tag businesses; indoor play center (rock climbing or inflatable party place); indoor sports fields, courts, or arenas; swimming pools; and other indoor activities determined to be substantially similar to the above. Accessory uses may be permitted to include the preparation and serving of food and/or the sale of equipment related to the primary use.

RECREATION OR ENTERTAINMENT, OUTDOOR

Establishments providing amusement, entertainment, or recreational services occurring within an open area or partially enclosed structure, such as: parks, trails, outdoor pools, sports fields or courts, concert venues, amusement parks or rides, golf courses (including miniature), or other outdoor activities determined to be substantially similar to the above. Accessory uses may be permitted to include the preparation and serving of food and/or the sale of equipment related to the primary use.

RECREATION, ACTIVE

Those recreational pursuits which require physical alteration to the area in which they are performed, and that are more formally organized and maintained. Such areas are intensively used and may include, but are not limited to, playgrounds, playing fields, tennis and basketball courts, swimming pools, and tot lots.

RECREATION, PASSIVE

Recreational pursuits which can be carried on with little alteration or disruption to the area in which they are performed, and which may remain more natural and undeveloped. Such uses may include, but are not limited to, hiking, biking, picnicking, and dog parks.

RECREATIONAL VEHICLE

A vehicle which is:

Built on a single chassis.

Not more than 400 square feet measured at the largest horizontal projections.

Designed to be self-propelled or permanently towable by a light-duty truck.

Not designed for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel or seasonal use.

RECYCLING COLLECTION CENTER

A place for the collection and storage of materials suitable for recycling into usable products of like kind and quality as the materials collected.

REPETITIVE LOSS

Flood-related damages sustained by a structure on two separate occasions by a 10-year period for which the cost of repairs at the time of each such flood event, on average, equals or exceeds 25% of the market value of the structure or property.

RESEARCH AND DEVELOPMENT FACILITY

A building or group of buildings in which are located the facilities for scientific research, testing, and experimentation, but not including the manufacture of products for sale.

RESTAURANT

A building in which the principal purpose is the preparation and serving of food and beverages to the public for consumption on- or off-site, and which may contain inside seating facilities and/or outdoor eating and drinking facilities when in accordance with the terms of this chapter. The term may, but need not, include the sale of alcoholic beverages to patrons. The term may also include a drive-through facility as permitted by this chapter. The term shall not include a brewery, distillery, or winery or associated tasting room in accordance with Pennsylvania Liquor Control Board regulations, nor shall it include any establishment where the provision of food and beverages, whether prepared on-site or pre-packaged, is ancillary to the principal use of the property.

RETAIL SALES

A commercial use comprising the sale of commodities directly to the general public.

RETIREMENT COMMUNITY

A development of individual or multiple dwellings which may include a community center and is designed for individuals and/or couples who do not have resident dependent children.

SALDO

The Oxford Borough Subdivision and Land Development Ordinance (Chapter 22 of the Oxford Borough Code).

SANITARY LANDFILL

A type of refuse disposal in which refuse is so handled at disposal site by depositing, compacting, and covering as to avoid occurrence or creation of fire, smoke, odor, rodent, or arthropod harborage and breeding, or general nuisance control. There shall be no dumping or landfilling in the Borough other than an authorized sanitary landfill use in compliance with this chapter and all other applicable local, state, and federal rules, laws, and regulations.

SCHOOL, PRIVATE OR PUBLIC

An educational use operated by an organization certified or chartered by the Commonwealth of Pennsylvania, or the Oxford Area School District or its lawful successors, including: pre-school, elementary/middle, or secondary school; college; or similar educational facility for academic instruction, including home-schooling sites with more than six students, but excluding: (1) private vocational or similar adult trade school or training center; (2) therapeutic, rehabilitative, or correctional institution; and (3) any principal residential use.

SCHOOL, TRADE

A facility that is primarily intended for education of a work-related skill or craft or a hobby, and that does not primarily provide state-required education to persons under age 18; may include, e.g., dancing school, martial arts school, ceramics school, or private vocational training facility.

SELF-STORAGE FACILITY

A building or group of buildings divided into individual, separately accessed units that are available for rent or lease for the storage of personal and small business property.

SEWAGE FACILITIES, PUBLIC

An off-site system for treatment and disposal of sewage in which sewage is conveyed by interceptor to a publicly operated treatment plant and disposed of through means approved by the Pennsylvania Department of Environmental Protection.

SHADE TREE

A deciduous wood plant which normally grows with one main trunk to a height in excess of 40 feet at maturity and has a canopy which screens sunlight in the summer months.

SHORT-TERM RENTAL

A dwelling unit that is rented, in whole or part, by the owner or occupant of the dwelling to any person or entity for a period of less than 30 consecutive nights. This may include, but is not limited to, properties listed on Airbnb and Vrbo® or similar sites, but does not include bed-and-breakfasts, which are separately defined herein.

SIGHT DISTANCE

The required length of roadway visible to the driver of a passenger vehicle at any given point on the roadway when the view is unobstructed by traffic. Sight distance measurement shall be made from a point 4 1/2 feet above the center line of the road surface to a point 1/2 foot above the center line of the road surface.

SIGN

Any billboard, poster, panel, display, illustration, structure or device used for visual communication which is affixed, painted or represented directly or indirectly upon a building or other outdoor surface.

SIGN, ABANDONED

A sign which has not been used to provide information for a period of at least 180 days or is located on lot with a commercial, business, industrial or office use, that has not had an occupant or otherwise engaged in commercial, business, industrial or office operations for a period of 60 days or more.

SIGN, BANNER

A temporary sign that is hung across a street or other accessway, is connected to vertical supports, including buildings, and is typically an off-premises sign announcing a coming event.

SIGN, BILLBOARD

An off-premises freestanding outdoor sign with a sign area that is between 60 and 100 square feet.

SIGN, BUSINESS

A sign identifying an establishment on the lot which sells a product or provides a service or entertainment.

SIGN, CHANGEABLE DISPLAY

A sign displaying letters, numbers, symbols, and/or images that are designed to be readily changed electronically. A sign with changes made less frequently than once per hour shall not be deemed a changeable display sign, nor shall any sign where changes to the content are effected by mechanical or manual means.

SIGN, DIGITAL CHANGEABLE DISPLAY

A sign on which the display on the sign face may be changed remotely. No digital changeable display sign shall be permitted to project light onto a street or neighboring property. A digital changeable display sign shall not be considered an animated sign. Digital changeable display signs shall be permitted only as specifically set forth in Subpart 3E of this chapter.

SIGN, DIGITAL

A sign on which the display on the sign face is composed of light emitting diode (LED), halogen, compact fluorescent, incandescent, or similar lamps or bulbs. Digital signs shall only be as specifically set forth in Subpart 3E of this chapter.

SIGN, DIRECTIONAL

A sign located adjacent to an entry, exit, loading or service area, fire lane, or parking located on a lot.

SIGN, DIRECTORY

A business sign on a tract or building that contains multiple uses.

SIGN, EXTERNALLY ILLUMINATED

A sign which is designed to be illuminated by artificial light from a source adjacent to or outside of the sign in such a manner that the source of the light is not directly visible from the street or any other intended vantage point of the sign.

SIGN, FACADE

An identification sign that is located on the facade of a building.

SIGN, FEATHER FLAG

A portable sign associated with a business or institution, constructed of fabric or plastic of any kind.

SIGN, FREESTANDING

A sign, other than a temporary sign, which is self-supporting upon the ground or which is supported by means of poles, pylons, or standards in the ground. A freestanding sign is not attached to a building except by secondary supports such as guy wires. A ground or monument sign is considered a freestanding sign.

SIGN, GROUND (MONUMENT)

A freestanding sign erected directly on the ground surface.

SIGN, IDENTIFICATION

A sign on a lot or building which names the use being conducted on or in such lot or building, and which contains no other advertisement.

SIGN, INTERNALLY ILLUMINATED

A sign which is designed to give forth a static or unchanging artificial light directly or through transparent or translucent material from a source of light within or upon said sign.

SIGN, MANUAL CHANGEABLE DISPLAY

A sign on which the display on the sign face may be changed manually, in person and not remotely, through use of attachable letters, numerals or graphics or by changing light bulbs. A manual changeable display sign shall not be considered to be an animated sign.

SIGN, OFF-PREMISES

An official, traffic, or public service sign, certain temporary signs, or a billboard that is erected on a property to which it does not relate.

SIGN, OFFICIAL

A sign erected by the state, county, Borough, or other legally constituted governmental body.

SIGN, OFFICIAL (PUBLIC SERVICE)

A sign located on or immediately adjacent to a public service, such as a bus stop or public restroom, or a public utility, such as a telephone, or a service organization, such as Rotary, Lions Club, Exchange Club, etc.

SIGN, OFFICIAL (TRAFFIC)

A sign erected by the Borough or Pennsylvania Department of Transportation over, on or adjacent to a street, road or highway.

SIGN, POLITICAL

A sign which indicates the name, cause, or affiliation of a person seeking public office or on which reference is made to an issue for which a public election or referendum is scheduled to be held.

SIGN, PORTABLE

An A-frame sign, feather flag sign, or sign of similar character that is placed upon a sidewalk and which is not secured or attached to a structure, to a sidewalk, or to the ground.

SIGN, TEMPORARY

A sign constructed of paper, cloth, canvas or other lightweight material intended to be displayed for a short period of time, normally less than 30 days, unless otherwise provided.

SIGN, WINDOW

A temporary or permanent sign which is oriented to the public pedestrian and/or vehicular right-of-way and may be located on the outside or inside of a window of a commercial, retail, service, or other business establishment.

SIGN AREA

The face of a sign, including all lettering, wording, designs, and symbols, together with background, whether open or enclosed, on which they are displayed, including the frame, but not including any supporting framework and bracing. Where a sign consists of individual letters, numbers, characters, or symbols attached to a building, the area of the sign shall be considered to include a square or rectangular pattern as drawn at the outer limits of the letters, words, or representations. When a double-faced sign is erected in such a manner that both sides are not visible from the same vantage point, then only one face shall be used to compute the sign area. In the case of signs with three or more faces, only one side shall be excluded from the calculation of the sign area. In the case of a cylindrical sign, 1/2 of the total surface area shall be used to compute the area.

SIGN HEIGHT

The vertical distance measured from the average ground level immediately below a sign to the highest point of the sign and/or its supporting structure.

SINGLE AND SEPARATE OWNERSHIP

The possession of real estate by one or more persons where vested interest is separate and distinct from that of any adjoining property.

SMOKE SHOP or VAPE SHOP

A retail sales or wholesale establishment primarily engaged or marketed as selling tobacco, tobacco products/accessories, and/or vaping products and accessories, where such products make up 20% or more of its total merchandise. This shall also include any establishment that is devoted to, marketed as, or designed for the on-site consumption of tobacco and/or vaping products, whether as its primary use or as an accessory use. For the purposes of this chapter, a retail, wholesale, and/or on-site use establishment which holds itself out as, or otherwise promotes or markets itself as, a "tobacco store," "smoke shop," "vape shop," "cigar shop," "hookah bar," or a similar establishment, shall also be considered a smoke shop/vape shop. Examples of vaping products and accessories include, without limitation, e-cigarette or vape cartridges or refills, vaporizers, vape pens, vapor products, hookah pens, electronic cigarettes, e-cigarettes, e-cigs, e-pipes, and any other electronic nicotine delivery system ("ENDS"). ENDS shall be deemed noncombustible tobacco products. Tobacco products and accessories shall include, without limitation, any substance containing tobacco leaf, including but not limited to cigarettes, cigars, pipe tobacco, snuff, chewing tobacco or dipping tobacco, matches, lighters, grinders, hookahs, pipes, chewing tobacco, cigarette rolling machines or papers, ashtrays, pipe tools, pipe supplies and pipe accessories. Such uses may also be referred to as "drug paraphernalia stores."

SOCIAL CLUB

An organization established for social or fraternal purposes whose buildings, facilities, and services are primarily for the use of members and their guests, including service organizations and lodges.

SOLAR ENERGY SYSTEM

An energy collection and conservation system that takes solar energy and converts it into usable electrical energy, heats water, and/or provides other lawful benefits. Such a system shall include all panels, wiring, and related ancillary equipment, and shall be principally designed and used to generate power to offset utility costs on the property where the system is located.

SOLAR FARM

A solar energy system designed to be a principal use on a parcel and designed to distribute electricity off the site on which the system is located.

SPECIAL EXCEPTION

Permission, approval, or authorization granted by the Zoning Hearing Board for particular uses in accordance with the provisions of Subpart 4D, in situations where provision is made by terms of this chapter.

STEPBACK

A horizontal shifting of upper floors of a building massing towards the center of the building and away from lower-floor facades. Stepbacks differ from setbacks in that the recess occurs at least one story above the ground floor.

STEPBACKS, MINIMUM

The minimum distance that the upper floors of a building massing must be recessed from the front facade, measured from a plane extending vertically from the front facade to the closest point of the building facade on the upper floors. The following are exempt from the setback measurements: permitted projections, building components, and pitched roofs starting where the stepback begins that have a maximum rise:run of 1:3.

STORAGE

The keeping or collecting of materials, whether man-made or natural.

STREET

A public or private right-of-way, excluding driveways, intended for use as a means of vehicular and pedestrian circulation, which provides a means of access to abutting property. The word "street" includes thoroughfare, avenue, boulevard, court, drive, expressway, highway, lane, alley and road or similar terms (see Figure 1.D-8).

ARTERIAL

A high-capacity road or thoroughfare that functions primarily to deliver traffic from collector streets to freeways or expressways, and between urban centers at the highest level of service possible. For purposes of this chapter, arterials are identified on PennDOT's Federal Functional Class map of Chester County.

COLLECTOR

A street that collects traffic from local streets and connects with arterials. For purposes of this chapter, collectors are identified on PennDOT's Federal Functional Class map of Chester County.

CUL-DE-SAC

A street with a single common ingress and egress and with a turnaround at the end.

LOCAL

A street that provides frontage for access to abutting lots and carries slow-speed traffic primarily having a destination or origin on the street itself.

FIGURE 1.D-8

STREET LINE

The legal right-of-way line of a street dividing the legal limit of a public street from a lot, or in the case of a private street, the line dividing a lot from a private street. When a future right-of-way line has been established, the "street line" shall be the line of such future right-of-way.

STREET LINE, CENTER

A line which is an equal distance from both street lines.

STREET, INTERIOR

A minor street used for circulation and access within a development involving residential, commercial, or industrial uses.

STREET, PRIVATE (APPROVED)

A street serving two or more lots held in single and separate ownership, constructed and installed according to Borough specifications and not dedicated or accepted by the Borough for public use.

STREET, PUBLIC

A public thoroughfare which has been dedicated and deeded to the Borough and which affords the principal means of access to the abutting property.

STRIPPING OF TOPSOIL

The removal of sod and topsoil from a tract or portion thereof.

STRUCTURE

Anything constructed or erected on the ground or attached to the ground, including, but not limited to, buildings, sheds, manufactured homes, and any man-made object having an ascertainable stationary location on or in land or water, whether or not affixed to land. This term does not include truck bodies, abandoned mobile homes, truck trailers, shipping containers or other similar structures, whether or not permanently affixed to the ground.

SUBDIVISION

The division or re-division of a lot, tract, or parcel of land by any means into two or more lots, tracts, parcels, or other divisions of land, including changes in existing lot lines for the purpose, whether immediate or future, of lease, partition by the court for distribution to heirs or devisees, transfer of ownership or building or lot development; provided, however, that the "subdivision" by lease of land for agricultural purposes into parcels of more than 10 acres, not involving any new street or easement or access or any residential dwelling, shall be exempted.

SURFACE, ALL-WEATHER

Surfaces which do not absorb precipitation or which do not allow for groundwater recharge. "All-weather surfaces" generally include surface areas of all structures, streets, and other non-absorbing surfaces and include, but are not limited to, concrete, macadam, stone, and gravel.

SWIMMING POOL

A temporary or permanent structure, not enclosed within a building, containing or having the potential to contain a body of water with a minimum depth of two feet.

TEMPORARY ACCESS CERTIFICATE

A certificate issued by the Code Enforcement Officer as a result of his/her inspection of a property incident to the resale of the property that identifies at least one substantial violation. The purpose of the certificate is to authorize the purchaser to access the property for the purpose of correcting substantial violations pursuant to the maintenance and repair provisions of the Borough Code or other applicable law or regulation.

TEMPORARY USE AND OCCUPANCY CERTIFICATE

A certificate issued by the Code Enforcement Officer incident to the resale of a property, the purpose of which is the correction of non-substantial violations pursuant to the maintenance and repair provisions of the Borough Code or other applicable law or regulation.

A certificate issued by the Code Enforcement Officer to permit:

(1)

The use of a building, structure, and/or land by certain temporary uses; or

(2)

The use of a portion or portions of a building, structure, or land prior to completion of work authorized by a building permit.

TRACT

One or more lots assembled and presented as a single property for purposes of subdivision or land development and/or building permit application, provided that the lots, when assembled, shall be contiguous (i.e., have significant common boundaries) and not separated or divided by an arterial or collector street.

TRACT AREA

The total acreage of a tract lying within existing property lines, as defined by the deed, prior to the initiation of subdivision or land development.

TRAIL

A corridor through which passes, or will pass, a pedestrian accessway and/or a bikeway. A trail is to serve transportation, commuting, and/or recreational functions as part of an intermodal transportation system. The term "trail" shall include the following:

MULTI-USE ARTERIAL TRAIL

A type of trail that offers low-speed transportation and recreation opportunities to pedestrian and bicycle users. Such trail segments provide the principal connecting routes between destinations within the Borough and to multi-municipal and regional trail systems beyond the Borough.

BIKEWAY

A type of trail corridor designed primarily for bicycle traffic, as authorized by the Borough. Bikeways may serve transportation and/or recreational functions. Except where a designated bikeway route is contained within a road cartway or road shoulder, bikeways shall exclude all motorized vehicles, except (a) motorized wheelchairs; (b) e-bikes that are both motorized and able to be operated manually by pedaling; and (c) as authorized by the Borough.

LOCAL/COLLECTOR TRAIL

A type of trail designed as an on-site recreation resource and as a means of connection to one or more multi-use arterial trails. Such trail may, but need not, serve multi-use functions.

TRANSITION LINE

A transition line is a horizontal architectural element, such as a cornice, balcony or change in material, which spans the full width of the facade, and creates a distinction between the first and second stories.

TRUCKING TERMINAL

A building, or part of a building or premises, used for the loading, unloading, transfer, and temporary storage of goods, wares, and merchandise for the owner or others by truck transportation.

UNIFORM CONSTRUCTION CODE (UCC)

The statewide building code adopted by the Pennsylvania General Assembly in 1999 applicable to new construction in all municipalities whether administered by the municipality, a third party or the Department of Labor and Industry. Applicable to residential and commercial buildings, the code adopted the International Residential Code (IRC) and the International Building Code (IBC), by reference, as the construction standard applicable with the commonwealth floodplain construction. For coordination purposes, references to the above are made specifically to various sections of the IRC and IBC.

USE, ACCESSORY

An activity subordinate to the principal use of a building or a lot for purposes customarily incidental to those of the principal use.

USE, PRINCIPAL

The specific, primary purpose for which land or a building is designed, arranged, intended, utilized, or for which it is or may be maintained or occupied.

VARIANCE

Permission, approval, or authorization granted by the Zoning Hearing Board, constituting a modification or deviation from the exact provisions of this chapter as applied to a specific property in accordance with the provisions of Subpart 4E.

VEHICLE FILLING STATION

A building and lot which is used for the sale and dispensing of gasoline and other motor fuels and may provide services incidental to the day-to-day maintenance of motor vehicles, but shall not include auto body repair and painting services or automobile sales. Any use which dispenses gasoline solely for the use of its own vehicles will not be deemed a "gasoline service station."

VEHICLE REPAIR

A building or premises used for the repair of motor vehicles, including painting and the sale of related parts and accessories. This shall not include a junkyard, vehicle towing service, or auto salvage yard.

VEHICLE SALES

A commercial establishment offering new or used vehicles for sale, rental, or lease, including personal vehicles, commercial vehicles, or other registered automobiles.

VEHICLE TOWING SERVICE

A principal commercial use in which the operator, by means of tow trucks, flatbed trucks, and similar equipment, retrieves damaged, disabled, or otherwise inoperative vehicles and relocates or temporarily retains them. Such use may include an impoundment area for towed vehicles but shall not involve any vehicle service or repair work.

WALL PLANE(S)

The imaginary vertical plane(s) of a building footprint following any projections or recessions from the base plane of the building wall or facade.

WATER SUPPLY, PUBLIC

A system for supplying and distributing water from a common source or sources to two or more users within a franchise area owned, administered, and operated by a public utility or municipality. The system shall be approved by the Chester County Health Department and/or the Pennsylvania Department of Environmental Protection.

WHOLESALE or DISTRIBUTION

The sale of goods and products, not to the general public but for the purpose of resale to the general public.

WIND ENERGY CONVERSION SYSTEM (WECS)

Any system designed to convert wind energy into another usable form of energy, such as heat or electricity, for use on the property where the system is located. The system includes all turbines, towers, wind chargers, transmission lines, and any other electrical infrastructure or equipment necessary for the system to function in accordance with this chapter.

LARGE WIND ENERGY SYSTEM (LWES)

A wind energy conversion system with two or more wind turbines, towers, and associated control and conversion electronics that is designed and used to generate power only to offset utility costs on the property where the system is located.

RESIDENTIAL WIND ENERGY SYSTEM (RWES)

A wind energy conversion system consisting of a wind turbine and associated control or conversion electronics and which is primarily intended to reduce on-site consumption of utility power. A system is considered a residential wind energy system only if it supplies electrical power solely for on-site residential use, except that when a parcel on which the system is installed also receives electrical power supplied by a utility company, excess electrical power generated and not presently needed for on-site use may be used by the utility company.

WIND TURBINE HEIGHT

The height of a wind turbine as measured from the surface of the turbine foundation to the tip of the rotor at its highest point.

WINERY

An enclosed building for the manufacture, processing, bottling, and packaging of wine. For the purposes of this chapter, this may include operations with tasting rooms, but not full kitchen service or meal preparation.

WIRELESS COMMUNICATIONS FACILITY

Any one or a combination of a commercial communications antenna support structure, commercial communications antenna, wireless communications equipment building or cabinet, parking and/or other structures and equipment involved in receiving or transmitting wireless communications or radio signals.

WOODLAND

A tree mass or plant community in which tree species are dominant or codominant and the branches of the trees form a complete, or nearly complete, aerial canopy.

YARD

An open area surrounding a building contained within a lot, in which no building or structure is erected. A "yard" extends parallel to lot lines and street lines and is measured at a distance perpendicular to lot and street lines (see Figure 1.D-2).

YARD, FRONT

A yard extending the full width of the front lot line.

YARD, REAR

A yard extending the full width of the rear lot line.

YARD, SIDE

A yard extending the full depth of the lot along a side lot line, between front and rear yards.

ZONING HEARING BOARD

The Zoning Hearing Board of Oxford Borough, Chester County, Pennsylvania.

ZONING MAP

The Official Zoning Map of Oxford Borough, Chester County, Pennsylvania.

ZONING OFFICER

The Zoning Officer or Assistant Zoning Officer of Oxford Borough, Chester County, Pennsylvania, as appointed by Borough Council.

ZONING ORDINANCE

This chapter, the Zoning Ordinance of Oxford Borough, Chester County, Pennsylvania.

ZONING PERMIT

A statement issued and signed by the Zoning Officer authorizing a proposed use in accordance with the provisions of this chapter.

[1]

Editor's Note: See 35 P.S. § 10231.101 et seq.

[2]

Editor's Note: See 35 P.S. § 10231.101 et seq.

[3]

Editor's Note: See 35 P.S. § 10231.101 et seq.

Oxford City Zoning Code

PART 1

§ 27-101 Title.

§ 27-102 Purposes.

§ 27-103 Community Development Objectives.

§ 27-104 Establishment of Controls.

§ 27-105 Interpretation.

§ 27-106 Conflicting Provisions.

§ 27-107 Repealer.

§ 27-111 Zoning Map.

§ 27-112 Interpretation of District Boundaries.

§ 27-113 Application of District Regulations.

§ 27-121 Intent.

§ 27-122 Nonconforming Uses.

§ 27-123 Nonconforming Buildings and Structures.

§ 27-124 Nonconforming Lots.

§ 27-131 Word Usage.

§ 27-132 Measurement.

§ 27-133 Lists and Examples.

§ 27-134 Fractions.

§ 27-135 Current Versions and Citations.

§ 27-136 Definitions.