Upper Oxford Township
City Zoning Code

The purpose of the C-1 District is to accommodate a broad range of larger-scale retail and commercial establishments serving the Borough and the Oxford Region. The regulations of this district are intended to provide for safe and convenient multi-modal access, circulation, and parking with landscaping to create a quality retail and employment activity center.

Development in the C-1 District should not be made at the expense of the Borough's character and walkability, but rather be pursued in a manner that enhances the public and private realms. Future investment should include pedestrian and bicyclist access both on- and off-site, implement traffic-calming measures in building and site design practices, and provide ample greenery and landscaping so as to create a comfortable and inviting streetscape for all modes of travel. Special attention should be given to the design and buffering techniques of parking facilities, access points, and structures to create a welcoming gateway to the Borough.

The purpose of the C-2 District is to accommodate smaller-scale, low-impact commercial uses that increase access to local jobs, goods, and services in residential areas and transitional zones between established neighborhoods and larger-scale commercial activity centers.

The regulations of the C-2 District are intended to support traditional development patterns compatible with adjacent neighborhoods rather than a highway commercial character. To achieve this, new development shall complement the scale and design of Oxford neighborhoods, balancing connectivity and privacy for the nearby homes. Nonresidential uses shall be limited in extent and intensity to ensure their operation does not negatively impact resident quality of life.

The Town Center Districts support the creation of a harmonious and vibrant mixed-use town center that advances the Borough's goals as established in the Comprehensive Plan. These standards particularly advance the goals of:

To advance these goals, the district permits appropriate commercial, residential, and institutional uses to serve the daily needs of Borough residents, with particular emphasis on uses that support and reinforce the historic character of the area while allowing for the Town Center to evolve in response to changing community needs.

The regulations are designed to maintain the scale and character of core areas while allowing for additional bulk and density in certain priority investment areas. The district is not intended to accommodate commercial uses that are more appropriate for the C-1, C-2, or MU-CI Districts and that are characterized by high-volume traffic, large parking areas, and/or outdoor storage and display areas.

The TC-1 District comprises Oxford's historic Town Center. It also includes areas that are intended to extend the building form, architectural character, and streetscape features of Oxford's historic core down Third Street.

New mixed-use infill development and redevelopment is to be carefully designed to complement and enhance the historic and walkable character of the streetscapes and urban fabric. The TC-1 District maintains the area's scale and architectural integrity. It encourages a balanced mix of uses that meet the daily needs of residents and visitors while creating opportunities for new mixed-use development. New development will allow for more housing opportunities and a greater mix of local businesses than currently exist in the Town Center, in part because of the opportunity for larger modern retail spaces.

The TC-1 District fosters a vibrant community-supported business environment that is a hub for shopping, entertainment, dining, gathering, and community events. This district further prioritizes the restoration, reuse, and maintenance of historic buildings, preserving their authenticity and preventing deterioration. Development in the TC-1 District respects neighboring residential areas through the careful crafting of building forms to reduce the visual and shade impacts and provide ample buffering and screening, thoughtful lighting, and judicious location of refuse facilities and parking, among other strategies.

The TC-2 District provides a gateway into Oxford's historic Town Center. It encourages a mix of residential, commercial, and institutional uses at a smaller scale and intensity than in other Town Center subdistricts, while still promoting the same quality streetscape and walkable environment as the TC-1. The TC-2 District extends Oxford's Town Center down Third Street with consistency in architectural character and streetscape features that blend modernity with Oxford's historic charm and character.

The TC-2 District promotes creative approaches to new infill development and redevelopment that support strong streetscapes in areas with shallower lot depths. Development in the TC-2 District respects Oxford's historic district and neighborhood character. This is achieved by the careful crafting of building forms to reduce the visual and shade impacts and providing ample buffering and screening, thoughtful siting of lighting, and judicious location of refuse facilities and parking, among other strategies.

The TC-DO District is intended to allow for larger mixed-use development to advance the Borough's housing, economic, and social goals in certain areas of the Town Center where the size of the development parcels, the location of transportation infrastructure, and the absence of on-site historic buildings would support such redevelopment.

Projects created under the Density Overlay are intended to meet the same goals as their underlying districts, including but not limited to re-enforcing the building form, architectural character, and streetscape features of Oxford's historic core. New projects are intended to contribute to the historic character of the area while allowing for the creation of modern residential and commercial spaces in the area.

Identify the recognized historic properties and districts within Oxford;

Foster public knowledge, understanding, and appreciation of the historical and architectural character of the Borough;

Enhance the visual character of the Borough by encouraging new design and construction that complements Oxford's historic buildings and sites;

Protect and promote the economic benefits of historic and architectural preservation to the Borough, its residents and visitors;

Protect property values in the Borough; and

Support the ongoing use, rehabilitation, and maintenance of the existing built environment.

Uses identified with a "P" are permitted as-of-right, subject to compliance with all other applicable standards of this Zoning Ordinance.

Uses identified with a "CU" are conditionally permitted, subject to approval by the Borough Council. Any proposed conditional use shall comply with the procedures and standards contained in Subpart 4C.

Uses identified with an "SE" may be allowed as a special exception use if reviewed and approved in accordance with Subpart 4D.

Commercial Building. A building designed to support business activity and which was not intended to support any other use, including but not limited to residential uses.

Multi-Family. A detached structure containing at least three residential units where the principal structure contains only residential activities.

Live-Work. A hybrid commercial-residence building that may be new construction or a conversion of an existing home into a combination of ground-floor business and upper-floor dwellings. May be designed so that the ground-floor and upper-floor components are functionally integrated or separated.

Mixed-Use. A building designed to incorporate more than one use into a single building. Typically designed so that the ground-floor and upper-floor components are functionally separate and have independent entrances.

Flex. A building that does not meet the definition of any other building type.

Where an applicant proposes a facade of 100 feet or more, it shall be set back a minimum of 15 feet to create an ample pedestrian space.

Where conformance with this requirement would create a pedestrian space of less than 10 feet or would create conditions that prohibit or limit accessibility for people with disabilities, the front facade shall be set back to the minimum point that ensures at least 15 feet of pedestrian space is provided.

Where existing facades form a street wall already set back from the property line, the front facade shall be set back to align with adjacent properties to ensure a consistent street wall. Where adjacent buildings have different setbacks, the larger of the two shall be used.

Where recesses are necessary to accommodate entrances, those portions of the facade may be set back up to 15 feet.

Contains a permitted use as established in the Permitted Use Table.[1]

Complies with the mixed-use buildings requirements in §§ 27-215, 27-216, and 27-218.

Complies with all Town Center design standards or has approval for modifications or variances in accordance with the Oxford Borough Code.

Provides at least three dwelling units or 20% of the total number of dwelling units, whichever is greater, of attainable housing units as defined in Subpart 1D.

Has attainable units mixed with and not clustered together or segregated in any way from market-rate units.

To the satisfaction of Borough Council, the applicant has entered into a legally binding agreement and/or established deed restrictions that will ensure: the continued provision of attainable units; the ability of the Borough to verify their continued provision; the Borough has adequate remedy should the attainable units fail to be provided; and the applicant will meet any other requirements the Borough Council deems necessary to ensure the attainable housing requirements are met.

Where an applicant believes that an alternative attainable housing approach is necessary in the TC-DO District, a project may be approved if Borough Council determines that:

In evaluating proposals, Borough Council may require the applicant to submit sufficient evidence to ascertain the credibility of economic hardship and retain the counsel of outside consultants to evaluate such evidence. Where an applicant fails to provide sufficient evidence to the satisfaction of Borough Council, Council may deny the application.

No building shall have opaque windows.

Storefront glass shall be clear with no more than 10% tinting. Reflective, bronze, smoked, heavily tinted, or black glass shall be prohibited.

Awnings are permitted over entrances, storefronts, and large first-floor windows and over upper-floor windows.

Awnings and canopies shall be designed to fit the window, door, or storefront openings that they are intended to cover. Placement shall be in a traditional position and shall not conceal architectural features.

Awnings shall be made of low-sheen fabrics with a traditional appearance, such as canvas or acrylic. The use of rigid, reflective, and translucent materials is prohibited.

Wood, metal, and internally illuminated translucent awnings are prohibited. Awnings may be retractable or fixed. Fixed awnings must be structurally capable of withstanding both high winds and winter snow loads.

The use of fixed rounded awnings on historic buildings is prohibited unless historically significant. The use of rigid-frame rounded entrance canopies is permitted only where it is deemed architecturally compatible with the building to which it is attached.

Be clearly incidental and subordinate to the primary structure or use by height, area, extent, and purpose.

Not create a public nuisance or interfere with the use of adjacent residential lots by way of odor, noise, or emission of light.

Not exceed 15 feet in height, except where specifically regulated by other provisions of the Code.

Be securely anchored to the ground and/or another building or structure.

Be counted as impervious surfaces when determining compliance with the maximum impervious surface requirement of the district, except for accessory uses, buildings, or structures covering less than 100 square feet of contiguous land area.

No accessory use, building, or structure shall be located in any required front yard, unless otherwise permitted in this chapter.

Except as provided below or where specifically regulated by other provisions of this chapter, no accessory use, building or structure shall be located closer than four feet from any side or rear property line.

Where an accessory building or structure is intended for active use including, but not limited to, animal shelter, swimming pool, hot tub, tennis or basketball court, or woodshop, it shall be located no closer than 10 feet from any side or rear property line.

The minimum distance between any accessory buildings shall be 10 feet. The minimum distance between any accessory building and a principal building shall be 10 feet if the buildings are not abutting and attached.

A swimming pool shall be located at least 15 feet from any principal dwelling, at least 10 feet from any side or rear property line, and shall be located no closer to the front property line than the front of the principal dwelling.

Garages and carports, off-street parking areas, and driveways, including personal charging stations and electric vehicle supply equipment (EVSE), in accordance with § 27-317.

Enclosed storage structures, including garden sheds, provided such structure does not exceed 120 square feet in area, 12 feet in length, and 10 feet in height; however, truck bodies, abandoned mobile homes, truck trailers, shipping containers, or other similar structures, whether or not permanently affixed to the ground, shall not be permitted.

Fences and walls up to six feet in height.

Greenhouses, playgrounds, playhouses, recreational courts, and household pet shelters.

Private swimming pools in accordance with Chapter 23 of the Oxford Borough Code.

Microwave dish antennas, in accordance with § 27-261.

Sale of agricultural products, in accordance with § 27-225.

Ramps, lifts, or other such structures intended to provide an increased level of accessibility to the structure or use. Such structures may be permitted in the front yard area.

Permanently installed whole-house generators, HVAC units, and other small-scale mechanical equipment for noncommercial use, provided such equipment is screened from public view.

Green infrastructure installations, such as rain barrels, rain gardens, or bioswales. Such infrastructure may be permitted in the front yard area.

Uses designed to serve residents of a residential development, including areas for washing machines and dryers, lockers or indoor storage areas, recreational facilities, and lounges.

Other uses and structures which the Zoning Officer deems appropriate by virtue of similarity in nature, activity, and/or extent to those already listed.

All residential accessory uses and structures.

Accessory uses for commercial and industrial uses, provided that these uses are specifically designed for employees, including restaurants or cafeterias for use by employees only, living quarters for employees, and recreational uses designed primarily for employees of the principal use.

Other uses and structures which the Zoning Officer deems appropriate by virtue of similarity in nature, activity, and/or extent to those already listed.

Foster opportunities for new housing units while respecting the design and scale of low density residential neighborhoods;

Increase the housing stock of existing neighborhoods in a manner that is less intense than multi-family dwelling alternatives;

Provide a broader range of affordable housing options that respond to changing family and household needs; and

Offer a means for residents to remain in their homes and neighborhoods while also obtaining extra income, security, companionship, and/or services.

ADUs may be permitted as an accessory use to a single-family residence in the primary or attached or detached accessory structure. Attachment of a mobile home or travel trailer to an existing structure is prohibited.

There shall be no more than one ADU per lot, and the ADU shall not have a separate postal address different from that of the principal single-family dwelling.

An ADU may be permitted on a nonconforming lot or within a nonconforming structure when approved by the Zoning Hearing Board as a special exception.

When utilized as a residential rental unit, ADUs shall be subject to an annual inspection under Chapter 5 by the Building Code Official to ensure compliance with the requirements of this chapter and all other local, regional, or state laws, rules, and regulations.

The maximum floor area of an ADU shall not exceed 30% of the primary residence gross habitable floor area. ADUs exceeding this maximum floor area shall be permitted where approved by the Zoning Hearing Board as a special exception. In no case shall an ADU exceed 45% of the primary residence gross habitable floor area.

The maximum building height of a structure to be used as an ADU may be increased up to five feet, where approved by the Zoning Hearing Board as a special exception.

An ADU shall be limited to no more than two bedrooms.

One off-street parking space shall be provided for each ADU, and no ADU shall be permitted if the property cannot accommodate the minimum required parking spaces for the principal use and the additional ADU space.

The construction, modification, addition, or demolition of the ADU shall not discernibly alter the single-family residential character of the lot or structure located thereon.

All exterior entrances providing direct access to an ADU shall be located on the side or rear facade of the primary structure. Detached ADU structures are exempt from this restriction.

To ensure compliance with this chapter, an architectural plan shall be submitted as part of the building permit application, accurately drawn to scale, indicating the relationship and size of the two dwelling units on the property, as well as parking areas and any proposed exterior alterations.

Adult bookstores or video stores.

Adult motion-picture theaters.

Adult cabarets.

Adult massage parlors.

Regulated adult uses shall be located a minimum of 1,000 feet from another existing regulated adult use.

Regulated uses shall be located a minimum of 1,000 feet from any residentially zoned district or any of the following residentially related uses:

For the purposes of this section, spacing distances measure as follows:

Sign messages shall be limited to verbal description of material or services available on the premises.

Sign messages may not include any graphic or pictorial depiction of material or services available on the premises.

Other messages which are visible or intended to be visible from outside the property, such as on or within doors or windows, shall not display materials, items, publications, pictures, films, or printed material available on the premises, or pictures, films, or live presentations of persons performing or services offered on the premises.

Applications for special exception approval shall be submitted, processed, and reviewed in accordance with Subpart 4D of this chapter.

A special exception approval granted under the provisions of this section shall be conditioned such that it shall only apply to the current property owner or applicant and shall not be transferable or assignable to another property, subsequent owner of the property in question or applicant.

Should any regulated use listed in this section cease or discontinue operation for a period of 90 or more consecutive days, it may not resume nor may it be replaced by any other regulated use listed in this section unless it complies with all the requirements of this chapter.

The minimum lot size shall be five acres.

No barn or other agricultural structure shall be constructed closer than 100 feet to any lot boundary.

The keeping of animals, exclusive of small domestic animals and customary household pets, shall not be permitted except on property qualifying for agricultural use in accordance with the provisions of this section.

The keeping of farm animals, including horses, to be maintained for the private, noncommercial use of the individual property owner, shall not be permitted on lots less than five acres in size.

All pasture areas shall be fenced.

No slaughtering operations for commercial purposes shall be permitted.

Lots shall be graded so that animal wastes are confined to the lot on which they originate.

Piggeries shall not be permitted as part of a passive agricultural use.

The minimum lot size shall be five acres.

All agricultural buildings, structures, accessory mushroom composting, feedlots, or other odor- or dust-producing activities shall be set back a minimum of 200 feet from any lot boundary.

Mushroom houses and structures sheltering livestock shall be buffered by a vegetative screen from abutting lots containing nonagricultural uses. Screening shall be in accordance with Subpart 3C of this chapter and Subpart 3C of Chapter 22.

Mushroom houses and farms must have a Mushroom Farm Environmental Management Plan (MFEMP) reflecting best practices as provided by the Pennsylvania Department of Environmental Protection.

All pasture areas shall be fenced.

Lots shall be graded so that animal wastes are confined to the lot on which they originate.

At least 50% of such products displayed for sale shall be produced on the agricultural land contiguous to said structure.

Such stand, building, or parking area shall be located at least 30 feet from any street line.

A minimum of three parking spaces or one space for each 300 square feet of building floor area, whichever shall be greater, shall be provided behind the street line.

Such stand or building and any required parking area shall be located at least 75 feet from a side or rear yard lot line.

Signs associated with the sale of farm products shall conform to the sign regulations under Subpart 3E of this chapter.

Adjacent properties shall be adequately protected from noise, odors, and unsightly appearances. Such protections may include, but are not limited to, landscaped buffers, berming, and fencing.

Adequate methods for sanitation and sewage disposal, which may require a waste disposal plan, are required. The disposal plan, at a minimum, shall outline the approximate amount of waste expected and proper disposal and sanitation methods.

All such operations shall apply for and secure proper licensing and registration as required by state and local law.

All services shall be provided within a completely enclosed building, with the exception of outdoor animal exercise, play, or containment areas subject to site plan review and approval.

All buildings, structures, accessory use areas, and outdoor animal exercise, play, or containment areas, except off-street parking areas, shall be located at least 100 feet from any property line.

Screening for outdoor animal exercise, play, or containment areas shall be required to create a visual, sound, and odor buffer between such facility and adjacent properties.

All animals will be confined to the property and housed in an enclosed structure in humane conditions (i.e., protected from weather, clean, sanitary, adequate space, non-porous surfaces, well-ventilated, etc.).

B&Bs shall be limited to owner-occupied single-family dwellings and/or their associated accessory structures, including detached accessory structures.

All B&Bs shall have an on-site operator.

Owners and operators must register with the Pennsylvania Department of Revenue for a sales, use, and hotel occupancy tax license to collect and remit the applicable occupancy and sales tax as required by law.

No such use shall be permitted on a nonconforming lot or within a nonconforming structure.

No such use shall be permitted on any property that is in violation of this Zoning Ordinance, the Pennsylvania Uniform Construction Code (UCC), or any other local, state, or federal rule, law, or regulation.

No more than five guest rooms may be offered for transient lodging purposes. The maximum occupancy shall be limited to two adults per bedroom or 10 adults, whichever is less.

There shall be no more than two employees not living on the property reporting for work.

Sales of merchandise shall be incidental to the B&B use.

The provision of meals shall be limited to lodgers only.

B&Bs shall be rented exclusively for lodging purposes. Such properties may not be rented or used commercially for conference centers, weddings, concerts, a public restaurant, auctions, retreats, or other for-hire events that would otherwise cause occupancy of the property to exceed the maximum number of guests permitted.

Any amenities, such as a tennis court or swimming pool, shall be solely for the use of the residents and guests of the facility.

The owner shall comply with all applicable health codes, building codes and other applicable laws. Prior to the issuance of a certificate of occupancy, the applicant must show that all applicable local, county, and state permits have been received.

The resident owner shall maintain a guest register which shall list the names and addresses of all guests.

Exterior and interior alterations shall be limited to those customarily associated with residential use or those which may be required by the Pennsylvania Department of Labor and Industry or for safety reasons as required by any other local, state or federal regulation.

For B&Bs, at least one bathroom shall be provided per guest room. The living quarters for the resident/operator shall have its own bedroom and bathroom. Bathrooms shall be equipped with a toilet, washbasin, and bath and/or shower.

One sign shall be permitted in accordance with Subpart 3E of this chapter.

B&Bs must be able to accommodate the minimum off-street parking requirements of Subpart 3B of this chapter on-site.

Off-street parking shall not be permitted in the front yard, unless as part of an approved, designated driveway. All parking areas shall be screened from adjacent properties and the public right-of-way with plantings and/or fencing at least four feet in height.

The operator shall provide documentation from the Oxford Water Department and Oxford Area Sewer Authority that the proposed use can be connected to, and that its water and wastewater needs will be served by, the Borough and Authority.

No B&B shall have separate utility connections, meters, or billing.

The Zoning Officer shall make inspections prior to the issuance of a permit to determine the condition of the property and ensure compliance with this chapter and other applicable laws. For the purpose of making inspections, the Zoning Officer or Zoning Officer's representative may enter, examine and survey, at all times, all buildings, dwelling units, guest rooms and premises on presentation of the proper credentials. The owner of an establishment, or the on-site operator, shall give the Zoning Officer free access to the building.

Upon approval as a conditional use, any occupancy permit issued for such operations shall have a life of one year. The permit shall be renewed annually, provided that the Zoning Officer has inspected the facility and found it to be in compliance with the provisions of this chapter and any conditions imposed by Borough Council as part of the conditional use approval.

An occupancy permit for a B&B may be revoked by the Zoning Officer when any of the following occur:

A B&B shall cease operation immediately upon written notification of permit revocation by the Zoning Officer to the property owner.

Applicants that have had a permit revoked may not reapply for a period of 12 months from the date of revocation.

Only one access drive, or two one-way access drives, shall be permitted per street frontage.

Vehicular stacking/exit lanes, service areas, or windows shall not be located in the front yard.

All stacking/exit lanes shall be designed so that they do not interfere with off-street parking areas or vehicular and pedestrian circulation on the site. Such lanes shall be designed to reduce the impacts of traffic congestion on adjacent property and public streets.

All stacking/exit lanes and pedestrian walkways shall be delineated with landscaping, curbing, raised or decorative pavement, and/or signage that is identifiable during all seasons.

Speakers and any other such devices used for audio amplification shall be located a minimum of 30 feet from any adjacent residential property line and shall not be audible beyond the property line.

Menu boards shall not be illuminated outside of business hours.

To the greatest extent practicable, all speakers and menu boards shall face away from adjacent residential uses and public rights-of-way and be suitably screened.

All group care facilities shall comply with the regulations of the Pennsylvania Department of Human Services and all other applicable agencies.

The dwelling housing a group care facility shall comply with the applicable provisions of the Uniform Construction Code (Chapter 5, Part 1) of Oxford Borough.

No-impact home occupation, as defined in § 27-136 and where permitted by right under the terms of the base zoning districts.

Major home occupations, as defined in § 27-136 and where permitted as a special exception under the terms of the base zoning districts.

The business activity shall be compatible with the residential use of the property and surrounding residential uses.

No exterior evidence of the activity, including signs, lighting, or the display, inventorying, or stockpiling of goods, shall be visible.

No retail sales, exclusive of telephone and/or internet solicitation, may be conducted.

Only residents of the dwelling may be engaged or employed in the activity.

The activity may be conducted only within the dwelling unit and may not occupy more than 25% of the habitable floor area.

The activity shall not require the delivery of materials and goods by trucks larger than standard panel trucks equipped with no more than one rear axle.

The activity may not use any equipment or process that creates noise, vibration, glare, fumes, odors, or electrical or electronic interference, including interference with radio or television reception, that is detectable in the neighborhood.

The activity may not generate any solid waste or sewage discharge in volume or type that is not normally associated with residential use in the neighborhood.

There shall be no customer or client traffic, whether vehicular or pedestrian, and no pickup, delivery, or removal functions to or from the premises, in excess of those normally associated with residential use.

There shall be no more than one home occupation per dwelling unit.

Any dwelling unit in which a home occupation is conducted shall have its own direct access to ground level.

The resident practitioner of any home occupation shall provide the Borough with the names of all individuals employed by the business constituting the home occupation, and shall report all additions or deletions among those so employed as they occur.

Prior to initiating the operation of a home occupation, the resident practitioner shall be required to obtain a permit from the Borough and pay a fee in an amount as established by resolution of Borough Council. The Borough shall conduct an inspection of the premises as part of the review of the permit application. Such permit must be renewed every two years for continued operation of the home occupation, but no additional fee or inspection shall be required.

The purpose of the standards in this section is to provide opportunity for certain home occupation uses that do not comply fully with the criteria in Subsection 2 above, for home occupations permitted by right, primarily due to the proposed employment of nonresidents and/or the nature of the proposed use. It is the intent of this section to assure that any home occupation is:

In addition to the standards contained in this Subsection 3, any applicant seeking approval of a home occupation as a special exception shall comply with the standards of Subsections 2.A, F, G, H, J, K, and L above.

No exterior evidence of the activity in the form of lighting, or the display of inventory, or stockpiling of goods, shall be visible. Any sign associated with a home occupation shall comply with the standards in Subpart 3E of this chapter.

A home occupation approved under the terms of this section may be located only within a single-family detached dwelling or within an accessory building located on the same lot as a single-family detached dwelling.

Where a home occupation is conducted, in whole or in part, within an accessory building on the property, the total floor area devoted to the home occupation shall not exceed 25% of the floor area of the single-family detached dwelling or 600 square feet, whichever is less.

If the resident conducting the home occupation is a tenant and not the owner of the property, the owner shall be party to the application for special exception approval.

No more than two nonresident employees shall be permitted. However, where a home occupation is an office in the building trades and similar fields, the business may have additional employees for off-site activities provided they are not employed on-site, they do not park on or near the property, and they do not normally visit the property during the course of business.

Major home occupations shall be limited to those occupations customarily conducted within a single-family detached dwelling or a building accessory to a single-family detached dwelling. Major home occupations shall include, but not be limited to, the following activities:

The applicant shall demonstrate that adequate off-street parking shall be provided for both the home occupation and the dwelling unit. In no event shall the parking spaces provided be less than two for the dwelling unit and one for each nonresident employee.

Retail sale of merchandise, supplies, or products shall not be conducted on the property except for the following:

Unless otherwise determined by the Zoning Hearing Board, an approved home occupation may be conducted only during the hours of 7:00 a.m. to 9:00 p.m.

Where the proposed home occupation will include nonresident employees, in accordance with the terms of this chapter, the Zoning Hearing Board may require appropriate documentation that the sewage facilities serving the property will be adequate to meet the wastewater treatment and disposal needs that will be generated on the property Where such facilities cannot be provided, the Board may deny the request for special exception.

Prior to initiating the operation of a major home occupation, the resident practitioner shall be required to obtain a permit from the Borough and pay a fee in an amount as established by resolution of Borough Council. The Borough shall conduct an inspection of the premises as part of the review of the permit application. Such permit must be renewed annually for continued operation of the home occupation, and the Borough may conduct an inspection, as it deems necessary, in conjunction with the permit renewal process.

Wherever the property abuts a residential use or district or public or private street, a minimum 10-foot-wide planting strip shall be provided for screening along the property line and/or street line.

Plant material shall be a minimum of eight feet in height at the time of installation and shall be an evergreen hedge unless alternative plant materials and/or the incorporation of existing vegetation are determined to provide adequate screening and approved by the Zoning Officer.

The area of the property used to store junk and materials or to impound vehicles shall be enclosed within a wall or fence at least eight feet in height that is at least 90% solid or opaque.

Storage piles shall not exceed eight feet in height.

No more than two adjacent rows of vehicles shall be stored together.

The maximum number of vehicles, whether operable or inoperable, that may be on-site at any one time shall be limited to one vehicle per 350 square feet of net lot area.

There shall be provided at least a 12-foot-wide accessway which shall be kept free and clear at all times to provide access to all parts of the premises for firefighting and other safety or emergency purposes.

No stored junk or vehicles shall be located within 50 feet of any stream or watercourse.

An adult attendant shall be on the property at all times when the use is in operation.

The use shall obtain any applicable Borough, county, state, or federal license or permit and shall remain in compliance with those requirements.

There shall be no processing or sale of materials at a junkyard between the hours of 6:00 p.m. and 7:00 a.m., prevailing time.

The maximum length of time that any vehicle may be impounded or stored on the property shall be 60 days.

The use shall not cause any excessive, offensive, or noxious sounds or odors, and shall not permit the breeding or harboring of rats, rodents, or vermin.

A permanent record of all junk and/or vehicles received or removed shall be kept on the property, containing the name and address from whom received or to whom delivered, the date thereof, and a description of the junk or vehicle. Such record shall at all times be open to inspection by the Borough or any law enforcement officer.

No junk or other material shall be burned or melted on the premises.

No garbage or organic waste shall be kept on the premises.

All junk shall be stored or arranged to prevent accumulation of water.

No explosive, toxic, radioactive, or highly flammable materials shall be kept on the property. Gasoline, oil, Freon, vehicle batteries, and other flammable or toxic substances shall be removed from any junk or other items stored on the premises. Such materials shall be removed and disposed of in accordance with applicable federal, state, and local regulations and shall not be released into the air or deposited on or into the ground or watercourses.

A kennel shall be contained in a completely enclosed building, shall be soundproofed, and shall not be located closer than 150 feet to any residential zoning district boundary, residential lot line, or street right-of-way line.

The applicant shall provide a plan for the proper disposal of animal waste generated by the operation.

The applicant shall provide a plan for the disposal of animals that perish while on the property, either by controlled incineration or removal from the premises in a sanitary manner within 24 hours of their death.

The sale of related products shall remain accessory to the kennel, and any area devoted to such sales shall comprise no more than 25% of the floor area of the principal building.

The owner/operator of the kennel shall be responsible to exercise sufficient control over the animals and shall not allow a nuisance condition to be created in terms of noise, dirt, or odor.

Any outdoor animal pen, stall, or runway shall be located only within the rear yard.

The kennel shall have all outdoor exercise yards entirely fenced to prevent animals from leaving the property.

Outdoor storage areas are subject to the requirements of § 27-239 and shall be fully screened from adjoining properties zoned or used for residential purposes, in accordance with Subpart 3C of this chapter and Subpart 3C of Chapter 22.

All animals shall be housed in an enclosed all-weather protective structure between the hours of 8:00 p.m. and 7:00 a.m.

"Small domestic animals" refers to those kept in a hutch or similar animal house and not within a dwelling unit, excluding poultry or reptiles.

Any lot on which the raising or keeping of small domestic animals is to be practiced shall have a lot area not less than that required for a single-family dwelling in the zoning district in which the lot is located.

The total number of small domestic animals shall not exceed one for each 4,500 square feet of lot area, regardless of the zoning district in which the property is located.

Fencing or an enclosed animal house structure shall be installed. An animal house structure shall comply with the setback requirements for accessory structures in this chapter.

All animals will be confined to the property and housed in an enclosed structure in humane conditions (i.e., protected from weather, clean, sanitary, adequate space, non-porous surfaces, well-ventilated, etc.).

Household pets which generally are kept within a dwelling unit, including but not limited to dogs, cats, hamsters, and birds, shall not exceed 10 such animals on the property, regardless of the area of the lot.

In addition, no lot shall contain: (a) more than six cats; (b) more than four dogs, except that puppies or kittens from a litter born on the property shall not be included in this limit until four months following birth. The keeping of such household pets shall not be subject to the terms of Subsection 2.A, above.

Where household pets are being: (a) bred and raised commercially for resale, and/or (b) commercially boarded for another owner, such operation shall be considered a kennel, as defined and regulated by this chapter.

Any household pet for which a license is required shall display such license at all times.

All animals will be confined to the property and housed in an enclosed structure in humane conditions (i.e., protected from weather, clean, sanitary, adequate space, non-porous surfaces, well-ventilated, etc.).

Maximum Number.

Conditions.

Henhouses and Outdoor Enclosures.

Number.

Location and Setbacks.

Fences and Shrubs.

A single dwelling unit (e.g., studio, loft, apartment, or single-family home) consisting of both a commercial and a residential component where the uses share a common wall or floor with direct access between the residential and nonresidential area.

Live/work units are differentiated from home occupations in that the residential and/or commercial use need not be subordinate to the other in terms of floor area or intensity of use. Live/work units typically occupy a larger share of the dwelling and/or include a larger-scale commercial element such as retail sales or on-site production.

A single live/work dwelling unit shall not exceed 2,000 square feet in gross floor area.

Nonresidential areas of the live/work unit shall not exceed 60% of the gross floor area.

At least one of the full-time employees of the commercial operation must be a full-time resident of the live/work unit.

No more than two employees not living on the property may report to the unit for work.

No more than two bedrooms per live/work unit shall be allowed.

The residential area/bedrooms shall not be rented separately from the working space.

Commercial operations within live/work units may include on-site retail sales, production of materials, art, or other such craft.

No use shall be operated in an objectionable manner, due to fumes, odor, dust, smoke, gas, noise, or vibrations that are or may be detrimental to properties and occupants in the area, and/or to any other uses and occupants on the same property.

A medical marijuana grower/processor shall provide proof of registration with the PA Department of Health, or proof that registration has been sought and is pending approval, and shall at all times maintain a valid, accurate, and up-to-date registration with the PA Department of Health. Should registration be denied or revoked at any time, any conditional use approval shall immediately become void.

A medical marijuana grower/processor shall at all times operate in compliance with all PA Department of Health regulations pertaining to such facilities.

No more than one grower/processor shall be permitted on any one site or in any one building.

The site or facility shall provide adequate security to prevent the unintended transfer of marijuana plants off the premises.

Off-street parking shall be provided in accordance with the applicable terms of Subpart 3B of this chapter. In applying the terms of Subpart 3B to determine the minimum number of parking spaces required, the requirements for "industrial operation" shall be applied.

Where off-street loading facilities are to be provided, they shall comply with the standards contained in Subpart 3B of this chapter.

A medical marijuana grower/processor use shall not be operated or maintained on a parcel within 1,000 feet of the nearest point on the property line of a residentially zoned property or a parcel containing a public, private, or parochial school or a day-care center.

A medical marijuana grower/processor shall submit a disposal plan to, and obtain approval from, the Zoning Officer or his or her designee. Medical marijuana remnants and by-products shall be disposed of according to the approved plan and shall not be placed within an exterior refuse container.

No retail sales of medical marijuana and no use of medical marijuana shall be permitted on the premises of a medical marijuana grower/processor.

A medical marijuana dispensary shall provide proof of registration with the PA Department of Health, or proof that registration has been sought and is pending approval, and shall at all times maintain a valid, accurate, and up-to-date registration with the PA Department of Health. Should registration be denied or revoked at any time, any conditional use approval shall immediately become void.

A medical marijuana dispensary shall at all times operate in compliance with all PA Department of Health regulations pertaining to such facilities.

A medical marijuana dispensary may not operate on the same site as a medical marijuana grower/processor.

A medical marijuana dispensary shall not be operated or maintained on a parcel within 1,000 feet of the nearest point on the property line of a residentially zoned property or a parcel containing a public, private, or parochial school or a day-care center.

The site or facility shall provide adequate security to prevent the sale of medical marijuana products other than for state-licensed medical purposes.

No more than one dispensary shall be permitted on any one site or in any one building.

A medical marijuana dispensary must operate entirely within an indoor, enclosed, and secure facility. No exterior sales and no sidewalk displays shall be permitted. No drive-through, drop-off, or pick-up services shall be permitted.

No use of medical marijuana shall be permitted on the premises of a medical marijuana dispensary.

There shall be no emission of dust, fumes, vapors, or odors which can be seen, smelled, or otherwise perceived from beyond the lot line of the property where the medical marijuana dispensary is operating.

A medical marijuana dispensary shall submit a disposal plan to, and obtain approval from, the Zoning Officer or his or her designee. Medical marijuana remnants and by-products shall be disposed of according to the approved plan and shall not be placed within an exterior refuse container.

Off-street parking shall be provided in accordance with the requirements of Subpart 3B of this chapter.

No dwelling unit conversion shall be permitted in a structure with less than 1,000 square feet of gross floor area.

No dwelling unit conversion shall cause the use to exceed the maximum density requirements of the district in which it is located.

All dwelling units and structures resulting from conversion shall comply with the standards set forth in all applicable building codes and this chapter.

Any person who shall desire to open an outdoor cafe shall submit an application therefor in writing to the Code Enforcement Officer. Such application shall be accompanied by such application fee as required by a schedule of fees established by and amended from time to time by resolution of Borough Council. Such application shall be made annually after the first of the year upon forms provided by the Borough and shall set forth and include the following:

No action shall be taken on any application for a permit under this section until the application has been completed in its entirety and the application fee has been paid in full.

There shall be a minimum four-foot-wide sidewalk corridor that shall remain free and clear of any tables and chairs associated with the outdoor cafe and that shall provide for unobstructed passage of pedestrians and persons in wheelchairs. This corridor shall connect directly with similar corridors on adjacent properties to the maximum extent feasible.

The minimum height of umbrellas which project into the required minimum pedestrian walkway shall be 80 inches.

Tables which are placed on the sidewalk to be utilized as part of the outdoor cafe shall not exceed 13 square feet in area.

Staffing of Outdoor Cafe Location.

There shall be no temporary signs or banners permitted within the area devoted to an outdoor cafe.

The owner of an outdoor cafe is responsible for keeping the entire outdoor cafe space, including the required pedestrian walkway, clean and free of trash and debris at all times.

Hours of Operation.

The owner of an outdoor cafe shall be responsible for the conduct of patrons. Behavior that is deemed to be disorderly conduct, as prescribed in Chapter 6, Conduct, of the Code of the Borough of Oxford, shall be subject to enforcement by the Borough of Oxford.

Service To and Conduct of Patrons.

The owner of an outdoor cafe must provide for regular removal of all trash and/or provide trash receptacles, acceptable to the Borough of Oxford, which are located at the exterior of the premises.

Music is permitted as an element of an outdoor cafe use, but shall not present a noise disturbance to adjacent properties or beyond. All activities associated with the operation of an outdoor cafe shall comply with the terms of Chapter 6, Conduct, and Chapter 10, Health and Safety, of the Code of the Borough of Oxford.

The permittee shall maintain the outdoor cafe in accordance with all Borough ordinances and state and federal laws, as well as rules and regulations promulgated and adopted by the Borough which pertain to the use of outdoor cafes. All applicable requirements of the Pennsylvania Liquor Control Board shall be strictly complied with by the permittee.

Notice for Removal.

The Code Enforcement Officer may approve the erection of a railing or fence in the sidewalk right-of-way as part of the permit for an outdoor cafe subject to the following criteria:

Any establishment that is permitted to operate an outdoor cafe on the premises shall post a copy of this section, and any amendments thereto, within the establishment for inspection by any interested party.

There shall be a minimum four-foot-wide sidewalk corridor that shall remain free and clear of any displays of merchandise and that shall provide for unobstructed passage of pedestrians and persons in wheelchairs. This corridor shall connect directly with similar corridors on adjacent properties to the maximum extent feasible.

The display of merchandise, goods, or wares associated with the principal retail use of the property shall be permitted between the inner edge of the four-foot-wide travelable sidewalk corridor required in Subsection 2.A, above, and the front facade of the building.

No merchandise shall be displayed outdoors in a manner that is intended to or has the effect of interfering with vehicular traffic or distracting motorists.

The outdoor display of merchandise shall not interfere with the sight lines of traffic and shall not impair the visibility of any public or private sign.

No merchandise shall be displayed outdoors in a manner that, as determined by the Code Enforcement Officer, allows, or has the potential to allow, the merchandise to fall into the street or sidewalk, or to blow, spill, or otherwise become disorderly, hazardous, or a nuisance.

All merchandise displayed outdoors, and anything associated therewith, shall be removed and placed indoors at the close of business each day.

Any merchandise that is placed on the public sidewalk in violation of this provision, or that otherwise constitutes a hazard to the public, may be removed by the Code Enforcement Officer or a police officer with or without notice to the owner.

Music is permitted as an element of this sidewalk use, but shall not present a noise disturbance to adjacent properties or beyond. All activities associated with the operation of the sidewalk use shall comply with the terms of Chapter 6, Conduct, and Chapter 10, Health and Safety, of the Code of the Borough of Oxford.

A medical marijuana dispensary, where permitted under the terms of this chapter, must operate entirely indoors, and no part of such use shall be permitted on a public sidewalk.

Materials and goods located in outdoor storage areas shall be limited to those necessary for and specific to the operation of the use, such as items for sale at a retail store or building materials for a construction company.

Accessory outside storage areas shall occupy an area less than 50% of the existing primary building footprint. This provision shall not apply to uses where outdoor storage serves a primary purpose, such as contractor's yards and vehicle sales lots.

No area shall occupy or block any part of street rights-of-way, pedestrian walkways, vehicular accessways, required parking spaces, and required yard areas.

Such areas shall remain clean and free of trash or debris at all times.

Materials and goods located in outdoor storage areas, whether individually stored or stacked, shall not exceed 10 feet in height.

All areas shall be fully screened from public view and from adjacent residential uses or districts using landscaping, berming, fencing, or any combination thereof.

All materials, rubbish, or waste, whether organic or inorganic, shall be in accordance with Oxford Borough Ordinance 620, § 20-101 et seq.

Outdoor storage facilities for fuel, raw materials, and hazardous or consumable products shall be enclosed within an approved fence able to be secured to prevent unauthorized access.

No materials or waste shall be placed upon a lot in such form or manner that they may be transported off by natural causes or forces. Any substances which can contaminate groundwater, surface water or adversely affect aquatic life shall not be permitted to enter the groundwater or surface water. Applicable Department of Environmental Protection regulations shall apply.

The use shall not involve construction or use of any building with over 500 square feet of floor area.

No less than 10 off-street parking spaces shall be provided for the use.

Impervious coverage for the use shall not exceed 10% of the gross lot area, excluding pedestrian or bicycle paths.

Any outdoor recreation or entertainment use that is commercial or exceeds the development standards of Subsection 1 above.

Golf courses, racquet clubs, or other similar commercial or noncommercial recreation clubs.

Campgrounds or recreational vehicle parks (excluding mobile homes).

Auxiliary uses customarily incidental to operation of the uses in Subsections 2.A, B, and C above, including a restaurant, locker room, laundry, management headquarters, residence, nursery, and day-care center.

Minimum lot size shall be five acres.

Any structure, building, parking, storage, loading, or paved areas, excluding foot and bicycle paths and other necessary accessways to a public street, shall not be located closer than 100 feet to any lot line and shall be screened from any residential use or adjacent residential district.

If practical, vehicular access for the use shall not be from any local street in a residential district or residential development.

Where a recycling collection center is located on a property which is adjacent to a residential district or use, there shall be a setback from the property line of at least 100 feet, screened in accordance with Subpart 3C of this chapter and Subpart 3C of Chapter 22.

The area where recyclable materials are stored outside shall be enclosed within a wall or fence at least eight feet in height which is designed and constructed so as to be at least 90% solid or opaque. Use of landscaping materials and earthen berms is encouraged to achieve an effective screen in addition to the required wall or fence.

Storage piles shall not exceed eight feet in height.

There shall be provided at least a 12-foot-wide accessway which shall be kept free and clear at all times to provide for access to all parts of the premises for firefighting and other safety or emergency purposes.

Gasoline, oil or other flammable or toxic substances shall be removed from any recyclable materials or other items stored in the premises. Such liquid shall be removed and disposed of in a proper manner and shall not be deposited on or into the ground or watercourses.

No material shall be burned on the premises.

No garbage or other waste liable to give off a foul odor or attract vermin or insects shall be kept on the premises, and all recyclable material shall be stored or arranged to prevent the accumulation of water.

Lot area: 10 contiguous acres undivided by streets, streams, or rights-of-way.

Lot width: 100 feet.

Setbacks: 200 feet from any property line and floodplain district boundary. This shall apply to all operations, including buildings, structures, and grading.

Access to a sanitary landfill facility shall be from an arterial or collector road as defined by the Oxford Borough Comprehensive Plan, to limit traffic congestion and excessive wear on collector and local roads.

All trucks entering and leaving the landfill shall be covered. Roads used for access within and adjacent to the tract shall be patrolled daily to pick up and dispose of scattered and blowing refuse.

All sanitary landfills shall be completely enclosed by fencing to deter trespassing and to prevent debris from blowing onto adjoining properties.

All sanitary landfills shall be designed and operated in accordance with the requirements of the Pennsylvania Department of Environmental Protection.

All sanitary landfills shall be owned and operated by the Borough of Oxford or other authority or quasi-municipal entity.

Off-street parking areas shall not be utilized as recreation areas.

Recreation areas shall not be located within the front yard and must be set back at least 25 feet from all other lot lines.

Except where separated by a minimum of 300 feet, outdoor recreation areas shall be screened from adjoining residentially zoned properties and properties in agricultural or residential use by means of fences, plantings, or decorative enclosures sufficient to screen activities from adjacent lots.

Any vegetative materials located within the recreation area shall not present a threat to health or safety (i.e., not thorny, poisonous, allergenic, etc.).

Commercial wholesale or retail sales or distribution, or garage/lawn sales.

The servicing, repair, or fabrication of motor vehicles, boats, trailers, lawn mowers, furniture, appliances, or other similar equipment.

The operation of power tools, spray-painting equipment, table saws, lathes, compressors, welding equipment, kilns, or other similar equipment.

The establishment of a transfer and storage business.

Any use that is noxious or offensive due to odors, dust, noise, fumes, or vibrations.

One space per 30 self-service storage warehouse units.

Where the site includes an office/administrative building, three additional spaces shall be provided to serve that building.

Except as noted in Subsection 6.B below, all storage shall be located within an enclosed building constructed on a permanent foundation of durable materials. Trailers, boxcars, or similar impermanent or movable structures shall not be used for storage.

Any boat, trailer, or recreational vehicle may be stored outside in designated areas. The storage of partially dismantled, wrecked, inoperable, unlicensed, or unregistered vehicles is not permitted outside and may occur only within a fully enclosed building. Any recreational vehicle, boat, or trailer stored outside shall not interfere with traffic movement within the site.

The proposed use shall be subject to review by Borough police and fire officials regarding security and fire protection.

Any self-service storage warehouse shall be enclosed by an open metal fence, with a lockable gate and keypad, not less than eight feet in height. Such fence shall be located no closer to any property line than the applicable minimum yard setback dimension of the zoning district. The gated portion of the fence shall be located not less than 60 feet from the front lot line.

An STR may be operated in any single-, two-, or multi-family dwelling unit and/or their associated accessory structures, including detached accessory structures.

Owners and operators must register with the Pennsylvania Department of Revenue for a sales, use, and hotel occupancy tax license to collect and remit the applicable occupancy and sales tax as required by law.

No such use shall be permitted on a nonconforming lot or within a nonconforming structure.

No such use shall be permitted on any property that is in violation of this Zoning Ordinance, the Pennsylvania Uniform Construction Code (UCC), or any other local, state, or federal rule, law, or regulation.

The maximum occupancy shall be limited to two adults per bedroom or 10 adults, whichever is less.

STRs shall be rented exclusively for lodging purposes. Such properties may not be rented or used commercially for conference centers, weddings, concerts, a public restaurant, auctions, retreats, or other for-hire events that would otherwise cause occupancy of the property to exceed the maximum number of guests permitted.

Any amenities, such as a tennis court or swimming pool, shall be solely for the use of the residents and guests of the dwelling.

The owner shall comply with all applicable health codes, building codes and other applicable laws.

Exterior and interior alterations shall be limited to those customarily associated with residential use or those which may be required by the Pennsylvania Department of Labor and Industry or for safety reasons as required by any other local, state or federal regulation.

STRs must be able to accommodate the minimum off-street parking requirements of Subpart 3B of this chapter on-site.

Off-street parking shall not be permitted in the front yard, unless as part of an approved, designated driveway.

Emergency evacuation procedures must be posted in each sleeping room.

A fire extinguisher shall be provided on each floor and in each kitchen. Fire extinguishers shall be inspected monthly by the permit holders.

Exterior doors shall be operational and all passageways to exterior doors shall be clear and unobstructed.

An occupancy permit for an STR may be revoked by the Zoning Officer when any of the following occur:

An STR shall cease operation immediately upon written notification of permit revocation by the Zoning Officer to the property owner.

STR owners and operators that have had a permit revoked may not reapply for a period of 12 months from the date of revocation.

Any person aggrieved by the operation of an STR may submit a complaint in writing to the Zoning Officer.

STR complaints and suspected violations shall be reviewed and investigated by the Zoning Officer to determine if a violation has occurred in accordance with this chapter.

Upon finding by the Zoning Officer that the STR was or continues to be in violation of this chapter, the Zoning Officer shall issue to the property owner a written notice detailing the alleged violation(s). In the case of a continuing or ongoing violation, such notice shall also specify what corrective action is required and the date by which such action must be taken.

Smoke shops and vape shops shall operate entirely indoors within an enclosed and secure structure.

No outdoor sales, storage, display, seating, or gathering areas shall be permitted. This shall also include vending machines.

No vehicular drive-through, drop-off, or pickup areas shall be permitted.

A buffer planting strip of at least five feet in width and privacy fencing of at least six feet in height is required along any property line that abuts a residential use or district.

There shall be no emission of dust, fumes, vapors, or odors that can be seen, smelled, or otherwise perceived beyond the exterior walls of the smoke shop or vape shop.

No smoke shop or vape shop shall be permitted to operate between the hours of 10:00 p.m. and 7:00 a.m.

No smoke shop or vape shop shall be located within the following minimum separation distances, as measured in a straight line from the closest exterior wall of the building in which the shop is located to the closest property line of the protected district or use.

No smoke shop or vape shop shall be located within 1,000 feet, measured from property line to property line, from another smoke shop or vape shop.

No smoke shop or vape shop shall be operated or maintained on the same site as a marijuana grower/processor facility.

Solar energy systems are permitted in all zoning districts as an accessory use.

A building permit is required for the installation of any solar energy system.

Energy produced by a solar energy system shall be primarily for personal use on the property where the system is located. Energy produced in excess of personal needs on the property may be sold to a local electric provider, but only as an ancillary and secondary result of the solar energy system.

The local electrical distribution utility company shall be contacted concerning the connection of a system to the grid and to address any further issues. The applicant shall provide written proof to the Borough as part of the permit application that the local electrical distribution utility company was contacted and informed of the applicant's intent to install a solar energy system. Contacting the local electric company is not necessary for off-grid systems.

Advertising on solar energy systems, other than reasonable identification of manufacturer and operator, is prohibited. This includes any signage, streamers, ribbons, flags, banners, or similar materials, but does not include the posting of appropriate warning signs.

All solar energy systems shall be professionally constructed and shall be installed in accordance with all applicable codes and manufacturer's specifications. Solar energy systems shall be certified by Underwriters Laboratories, Inc., and the National Renewable Energy Laboratory, the Solar Rating and Certification Corporation, or other certifying agency determined acceptable by the Borough. The Borough reserves the right to deny a building permit for proposed solar energy systems deemed to have inadequate certification.

A solar energy system may be placed on the roof (roof mounted) or on the ground (ground mounted).

A roof-mounted solar energy system may be mounted on a principal or accessory building. The system shall in no place hang off or extend beyond the edge of the roof. For sloped roofs, the system shall not extend higher than the current peak of the roof. For flat roofs, the system shall not extend higher than five feet vertically above the roof and shall not be higher than the maximum allowable height for buildings in the applicable zoning district. The system shall not be placed on a front roof unless the Zoning Officer determines that this represents the only feasible location where a solar energy system would be functional.

An application for any roof-mounted solar energy system with a pitch different than the roof (not flush mounted) must, as part of the building permit application, submit justification for the proposed design and demonstrate: (a) how the design will accommodate potential impacts from snow and wind; and (b) how any potential off-site impacts from glare will be mitigated. Such documentation shall be prepared by a professional or professionals acceptable to the Borough.

For any proposed roof-mounted solar energy system, the building permit application shall include certification of its structural integrity, prepared by a professional or professionals acceptable to the Borough.

For roof-mounted systems, an effort shall be made to make the wiring and hardware blend in with the roof and building facade.

A ground-mounted solar energy system shall comply with the same setback requirements as an accessory building in the applicable zoning district. The system shall not be taller than 15 feet.

A ground-mounted solar energy system shall not be located in a front yard.

Where a ground-mounted solar energy system is proposed to be located in a residential zoning district and/or adjacent to a residential use, such system shall be screened from view from neighboring properties to prevent the impact of glare on such properties. Screening may be accomplished by vegetation, fences, or walls in accordance with the terms of this chapter.

All wiring for ground-mounted solar energy systems carrying electric current shall, to the maximum extent practicable, be buried underground to ensure safety. All wiring shall comply with the appropriate version of the National Electrical Code.

The surface area of a ground-mounted solar energy system shall be considered impervious surface and subject to the applicable terms of this chapter.

A solar farm may be permitted on any Borough-owned property at the sole discretion of Borough Council.

A solar farm shall comply with the minimum net lot area, minimum setback, and maximum impervious surface area requirements for a single-family detached dwelling in the PD-1 Zoning District.

A security fence of at least eight feet in height must enclose the perimeter of any solar farm site.

All appropriate warning signage and signage identifying operators shall be clearly posted at the site.

All wiring and on-site power lines shall be placed underground, to the maximum extent practicable. Any wiring carrying live current that is above ground shall be clearly labeled as such.

The following shall be included in any application for conditional use approval:

Duration. The life of such permit shall not exceed six months, and such permit may be renewed for an aggregate period of not more than 18 months.

Removal. Such temporary structure or use shall be removed completely upon expiration of the permit without cost to the Borough.

Procedure. Permits shall be issued in accordance with the procedure under Subpart 4B.

The design of the wind energy conversion system shall conform to applicable industry standards, including those of the American National Standards Institute. The applicant shall submit certificates of design compliance obtained by the equipment manufacturers from Underwriters Laboratories, Det Norske Veritas, Germanischer Lloyd Wind Energies, or other similar certifying organizations.

To the extent applicable, the wind energy conversion system shall comply with the Pennsylvania Uniform Construction Code, Act 45 of 1999 as amended, and the regulations adopted by the Department of Labor and Industry.

All electrical components of the wind energy conversion system shall conform to relevant and applicable Borough, state and national codes, and relevant and applicable international standards.

Maximum height, as defined by this chapter, of a wind energy system structure, including all moving and rotating parts, shall be 72 feet. If a device is attached to an existing structure, then the height of the attached wind energy device shall not exceed 72 feet, including the height of the existing structure. No wind turbine blade in any position shall be less than 12 feet from the ground surface.

No wind energy conversion system shall be installed until the Borough is given proof that the local electric company is aware that a customer intends to install an interconnected, customer-owned generator. If the system is not connected to the grid, it is exempt from this requirement.

All wind turbines shall be painted a non-reflective, neutral color.

No advertising, streamers, flags, or other objects shall be attached to the wind turbines or other parts of the wind energy conversion system, except for required warning signs, identification of the owner, or objects specifically allowed in this chapter.

Unless required by the Federal Aviation Administration or other authorized body, wind energy conversion systems shall not be illuminated.

On-site transmission and power lines shall, to the maximum extent practicable, be placed underground.

Noise associated with any WECS shall meet the standard contained in § 27-255 of this chapter.

Where permitted, a wind turbine shall be located in side or rear yards only.

A WECS shall be a monopole structure and shall be installed without the use of guy wires or supports other than the foundation.

The owner or operator of any WECS shall be responsible for conducting an annual inspection of the WECS with regard to its structural integrity, safety, potential impacts on neighboring properties, and any other applicable standards of this section. The inspection shall be performed by a professional acceptable to the Borough. The inspection report shall be submitted to the Borough and reviewed by the Borough Engineer, who will consult with the owner or operator with respect to any deficiencies identified by the inspection that require mitigation.

A building permit is required for the installation of any system.

Setbacks.

A fence of at least eight feet in height must separate any RWES turbine from outside interference; this fence may be placed around the perimeter of the property or around the turbine.

An LWES shall comply with the minimum net lot area requirements for a single-family detached dwelling in the PD-1 Zoning District.

Setbacks.

Wind turbines shall not be climbable up to 15 feet unless a fence of at least eight feet in height encloses the turbines. If an applicant chooses to use a fence, it may enclose the entire property or only the LWES.

A development plan including the following shall accompany any application for conditional use approval of an LWES:

To accommodate the need for wireless communications antennas while regulating the location and number of towers in the Borough.

To minimize adverse visual effects of towers through careful design, location, and vegetative screening.

To avoid potential damage to adjacent properties from tower failure through engineering and careful locating of tower structures.

To maximize the use of any new or existing transmission tower, as well as other tall structures, to reduce the number of towers needed to serve the community.

To limit radiation emitted by wireless communications equipment so that it will not adversely affect human health.

Commercial communications antennas attached to or mounted on an existing public utility building, structure or pole; existing communications tower; water tower; or other nonresidential building or structure are permitted by right in any zoning district. A zoning permit shall be required for such purpose, to be issued by the Zoning Officer on the basis of his determination that the proposed antenna complies with the applicable standards of this section. The applicant shall pay a fee for such permit in an amount as established by resolution of Borough Council. Where the Zoning Officer deems it necessary to consult with the Borough Engineer or other technical and/or legal expertise in his review of the proposal, the applicant shall be responsible for paying the cost of such consultation.

The height of the communications antenna and any apparatus attaching the antenna to such structure shall not exceed by more than 10 feet the height of such existing structure.

The communications antenna shall be constructed to simulate the architectural facade and/or color of the building or object to which it is attached.

The applicant proposing to locate a communications antenna on an existing building or structure shall demonstrate to the satisfaction of the Zoning Officer that the following standards can be met:

The telecommunications provider shall prove to the satisfaction of the Zoning Officer that:

Documentation provided to the Zoning Officer may be in the form of background studies and analyses conducted by the applicant in the course of verifying the suitability of the site for the applicant's purposes and may be supplemented by a propagation study or other supporting evidence. Any such analysis or study shall be conducted by a qualified radio frequency engineer.

As part of the Zoning Officer's approval of the installation of one or more antennas on an existing structure, the Zoning Officer may also authorize the location of the receiving and transmitting equipment necessary to the operation of the antenna or antennas within an existing building on the site. Where such location within an existing building is not feasible, the Zoning Officer may authorize, for each unrelated company with an antenna located on the structure, the location of up to three metal cabinets, each measuring not more than six feet in height and five feet in width, placed on a concrete pad not exceeding 10 feet by 20 feet in area or an equipment structure not exceeding 350 square feet in area located on the site to house the receiving and transmitting equipment necessary to the proper functioning of the antenna or antennas. The cabinets or equipment structure shall be located within a side or rear yard only, provided that the pad and the boxes are set back from the property line by a minimum of 20 feet, or such additional distance as the Zoning Officer determines is necessary to eliminate any discernible noise at the property line from the operation of the equipment boxes. The combined height of the pad and boxes shall not exceed eight feet. The screening requirements contained in § 22-328, Subsections 2 and 3 of Chapter 22 shall apply to any metal cabinet or equipment structure permitted under the terms of this section.

Use, Bulk, and Height Regulations.

Standards for Review of a Communications Tower.

Special Development Regulations.

All commercial communications towers, antennas, and associated equipment shall be maintained and kept in good repair as required by applicable federal and state law and Borough regulations.

All applicants for and operators of any communications tower or communications antenna located within the Borough and regulated by the FCC shall provide a copy of a valid operator's license from the FCC for the transmission of radio frequencies from such tower or antenna constructed within the Borough. All such information shall be accompanied by a certification signed by an authorized officer of the provider telecommunications company stating that, after due inquiry, the information being supplied is true and correct to the best of his/her knowledge, information, and belief. The telecommunications company shall also provide the Zoning Officer with a copy of the site lease agreement authorizing the location of the communications tower or antenna, unless said telecommunications company is the legal owner of the site.

Proof of Inspection. The owner of a communications tower erected under this section and all co-locators shall submit to the Zoning Officer proof of the annual inspection of the communications tower and antennas by an independent professional engineer as required by the ANSI/TIA-222 Code. Based upon the results of such an inspection, the Zoning Officer or the Code Enforcement Officer may require removal or repair of all or any portion of a wireless communications facility. The provisions of the Borough Building Code [Chapter 5, Part 1] may be applied in requiring such repair or removal. In the event the annual inspections referred to are not performed in a timely manner, the communications tower owner and each communications company located thereon shall be subject to the civil enforcement proceedings of this chapter.

Any communications tower or communications antenna shall be dismantled within 60 days following the expiration date of the operator's license from the FCC provided to the Borough or cessation of use. As a condition of approval of any communications tower, the Zoning Hearing Board may require financial security for the dismantling and removal of such communications tower.

The applicant shall demonstrate that the proposed communications tower and communications antenna are safe and the surrounding areas will not be negatively affected by communications support structure failure, falling ice or other debris, electromagnetic fields, or radio frequency interference. All support structures shall be fitted with anti-climbing devices, as approved by the manufacturer.

No communications support structure may be lighted except when required by the FAA.

All other uses ancillary to the antenna and associated equipment (including a business office, maintenance depot, vehicle storage, etc.) are prohibited from the communications antenna or tower site, unless otherwise permitted in the zoning district in which the antenna or tower site is located.

Interference. In the event that any wireless communications facility causes interference with the radio, television, or cellular phone reception of any Borough resident for a period of three continuous days, the resident shall notify either the telecommunications provider or the Zoning Officer of such interference, and the telecommunications provider, at its sole expense, shall thereafter remediate such interference and ensure that any interference problems are promptly corrected. Upon receipt of any such complaint, the telecommunications provider shall promptly notify the Zoning Officer thereof in writing and describe its plan to mitigate the interference. Failure of the telecommunications provider to correct such interference shall constitute a violation of this section, subjecting it to the penalty and enforcement provisions of this chapter.

It is the intent of these regulations to prevent land or buildings, including those permitted by right, conditional use or special exception, from being used or occupied in any manner so as to create any dangerous, injurious, noxious or otherwise objectionable condition adversely affecting the surrounding area. All uses shall operate in conformance with the environmental controls set forth herein and relevant statutes, codes, rules and other regulations of the United States government, the Commonwealth of Pennsylvania, Chester County, the Borough and governmentally regulated companies, authorities and other entities which have jurisdiction over sewage disposal, water supply, water quality, traffic and other consumption or emission characteristics of land use. The most stringent regulation applicable shall be used.

Borough Council may require safeguards to achieve compliance with the following environmental standards. As required, the applicant shall demonstrate that adequate provisions will be made to reduce and minimize objectionable elements.

Upon request of the Borough, the owner shall furnish or obtain proof at their own expense that they are in compliance with the environmental performance standards of this section.

Open burning is not permitted.

No gases, vapors, or fumes shall be emitted from any facility which are harmful to persons, property, animals, or vegetation.

No radioactive vapors or gases shall be emitted from any facility in harmful amounts as defined by any federal or state agency.

No odors causing annoyance or discomfort to the public and which Borough Council determines to be objectionable to the public shall be detectable beyond the property boundaries.

The regulations of the Pennsylvania Department of Environmental Protection shall be complied with for fugitive emissions, particulate matter emissions, sulfur compound emissions, standards for sources, sources of volatile organic compounds, emission of hazardous air pollutants, and ambient air quality sources.

No person shall make, continue or cause to be made or continued any noise disturbance.

The following acts and the causing thereof are in violation of this chapter, including but not limited to the following:

The noise from any of the aforesaid prohibited acts that disturbs two or more residents or owners in use or occupancy, who are in agreement as to the times and durations of the noise and who occupy separate buildings across a lot line from the noise source, shall be prima facie evidence of a noise disturbance.

The following sounds are exempted from the provisions above:

In any nonresidential district, direct, unshielded or sky-reflected glare from spotlights or floodlights over 150 watts or from high-temperature processes (such as combustion or welding from other sources) greater than two footcandles visible at the lot line of the receiving land use shall be prohibited. There shall be no emission or transmission of heat or heated air so as to be discernible at the lot line of the receiving land use.

In any residential district, floodlighting or high-intensity lighting over 150 watts shall be located so that the glare or reflection is not greater than one footcandle at the lot line of the receiving land use.

No floodlighting or high-intensity lighting, except for surveillance, security, decorative or safety lighting, shall be permitted after 11:00 p.m. in any residential district.

Overhanging eaves, gutters, cornices, or solar energy collector not exceeding two feet in width.

Arbors, trellises, flagpoles, unroofed steps, unroofed terraces, awnings, movable canopies, and other similar uninhabitable structures.

Fences and walls, provided that they are not more than six feet in height.

Garden sheds, as defined by this chapter, provided that there shall be a maximum of one garden shed per dwelling unit and that no property shall contain more than two garden sheds.

Unenclosed fire escapes which extend no more than six feet into any required yard area.

Awnings, upper floor balconies, and bay windows may encroach into setbacks up to three feet or 30% of the setback distance, whichever is smaller.

A fence (except for required fencing to enclose a residential swimming pool) or wall may be located no closer than one foot from any property line.

All fences shall be installed with the finished side of the fence not containing the support beams or posts facing toward the neighboring property.

A fence required to enclose a residential swimming pool shall be located no less than 10 feet from any property line.

No portion of a fence or wall shall be located between the curb or cartway of a street and any adjacent sidewalk.

No fence or wall shall extend into any yard area if the result is to block or impede the use of any sidewalk, pedestrian way, or vehicular access.

No fence or wall shall be located within two feet of any sidewalk or the edge of the cartway of any Borough alley.

A fence or wall may be located within the required minimum front yard area of a lot, provided it does not exceed four feet in height and is in compliance with the standards of § 27-259.

A deck may project into any required side or rear yard, consistent with the following:

Except where constructed as part of a ramp that provides approved handicapped access, a deck shall not be permitted to project into any front yard.

The dish antenna shall remain accessory to the principal use of the lot.

The dish antenna shall be located only in the rear yard of a lot and shall be set back a minimum of 10 feet from any property line.

When separately supported, the total height of the microwave antenna and supports shall not exceed 10 feet in height. Such an arrangement shall be screened in accordance with Subpart 3C of this chapter and Subpart 3C of Chapter 22.

Microwave antenna supports shall also comply with the Borough Uniform Construction Code [Chapter 5, Part 1].

When roof mounted, the dish antenna shall be located on a portion of the roof sloping away from the front of the lot. No portion of a microwave dish antenna shall project above the ridge line of the roof. Mounting techniques shall comply with the Borough Uniform Construction Code [Chapter 5, Part 1].

No microwave dish antenna shall be located so as to be visible from the public right-of-way.

Microwave dish antennas shall be used solely for the reception of radio and electromagnetic waves in residential and commercial districts.

Accommodate housing and other development which is more affordable by consolidating improvements, utilities, and land alteration.

Conserve open space areas and amenities within developments, and, in the case of subdivisions of significant size, provide open space areas for passive and/or active recreation use.

Promote the more efficient use of land to permit its maximum use while preserving aesthetics and natural resources.

A tract size of at least five acres is required.

The tract of land to be developed shall be in single and separate ownership, or in the case of multiple ownership, it shall be developed according to a single plan with common authority and responsibility.

The development shall be served by public sewer and water.

Permitted dwelling types include single-family detached, two-family, multi-family, and mobile homes on individual lots.

Commercial facilities, to serve the residents of the mixed residential community, may be provided if the development contains a minimum of 100 dwelling units. All convenience commercial facilities shall comply with the following standards:

Recreational uses for the use and enjoyment of the residents of the community may be incorporated into the development and its common open space.

Each mixed residential community shall consist of at least two of the following dwelling unit types:

The percentage and mix of the housing type shall be left to the discretion of the developer, except that the minimum percentage of any dwelling unit type shall be 20% and single-family dwellings will comprise no more than 50% of all dwelling units.

Multi-family developments may contain more than one multi-family dwelling per lot, provided such development is in conformance with the area, bulk, and dimensional requirements of this section and the district in which it is located.

The parcel or parcels of land to be developed shall be in single and separate ownership, or in the case of multiple ownership, it shall be developed according to a single plan with common authority and responsibility.

The development shall be served by public sewer and water.

All multi-family developments shall conform to the residential design standards of Subpart 3E of the Oxford Borough SALDO (Chapter 22), as applicable.

Staggered setbacks of individual dwelling units accompanied by a variation in facade design shall be provided so that the buildings offer visual variety and provide private yard areas.

In the case of townhouse development, no more than two contiguous units shall have the same facade setback within a building. Changes in unit setback shall involve a minimum of four feet.

Multi-family buildings are encouraged to be located in clusters which create common courtyards and open space areas rather than situated parallel to one another. Where clustering is not feasible, there shall be no more than three abutting buildings parallel to each other within a multi-family development.

Buildings within a multi-family development shall be designed to provide individual dwelling units with views and direct access to required open space areas.

The following separation distances between buildings shall be met to provide individual units with some level of privacy:

Dwelling units shall be set back a minimum of 20 feet from common parking lots and refuse collection centers.

The maximum length or width of a multi-family building shall be 160 feet.

Entrances to dwelling units shall be provided walkways to parking and refuse collection areas.

The provisions of § 22-314, Bicycle and Pedestrian Accommodations, shall apply to any multi-family development.

Medical treatment, nursing, and convalescent facilities.

Auditoriums, activity rooms, craft rooms, libraries, lounges, and similar recreational facilities for members of the community.

Dining facilities.

Office and retail service facilities designed and adequate to serve only the members of the community, such as but not necessarily limited to, the following uses: medical offices, pharmacy, gift shop, coffee shop, bank, beauty shop, and barbershop.

A retirement community or life-care facility shall be developed and operated under the direction and control of a single owner or agent for the owner.

Wheelchair access to all dwelling units and community facilities shall be provided for in the design of structures, pedestrian walkways, and parking lots. Buildings may be interconnected by means of covered or enclosed walkways.

Location, design, and layout of buildings containing dwelling units shall comply with the multi-family development requirements of § 27-265 to ensure open space and privacy between units.

Mobile homes.

Mobile home park office.

Mobile home park service buildings.

Accessory uses, including recreational and community facilities.

Mobile homes shall be separated a minimum of 30 feet from each other and a minimum of 50 feet from any service building, park office, or any tract boundary.

When individual mobile home lots are proposed within a mobile home park, the following shall represent the minimum lot dimensions and lot areas to be provided.

All buildings within a mobile home park, including mobile homes, shall be set back a minimum of 20 feet from an interior park street or paved edge of a common parking area.

All applications for the development of a lot or parcel of land for a mobile home park shall be accompanied by a plan or plans for the development of the entire parcel under consideration. Such application shall clearly designate lot locations, roads, open spaces, recreational areas, utility provisions, parking areas, accessory office, laundry, and park maintenance facilities.

All mobile homes shall be placed on and secured to a level foundation. The foundation and anchoring of the mobile home to the mobile home pad shall be in accordance with applicable provisions of the Borough Uniform Construction Code [Chapter 5, Part 1]. Mobile homes shall not be supported by jacks, loose blocks, or other temporary supports.

Mobile homes shall be placed with a continuous perimeter barrier extending from grade to the bottom of the mobile home, which is not necessarily required to be load-bearing but shall protect the mobile home from weather, rodents, wind, and snow loads.

Walkways shall be provided within a mobile home park. Their design shall be in accordance with the provisions under the Oxford Borough SALDO [Chapter 22].

A mobile home park shall be landscaped and screened in accordance with Subpart 3C of this chapter and Subpart 3C of Chapter 22.

Every mobile home park shall be required to obtain an operating permit from the Borough prior to the issuance of use and occupancy permits for individual mobile homes. Such operating permit shall be valid for one year and may be renewed annually upon satisfying an inspection by the Zoning Officer.

Every mobile home park shall include an office for the person in charge of such park. A copy of the operating permit, along with the register, shall at all times be open for inspection by the Zoning Officer. The register shall include, but not be limited to, the following information:

Entrance permits shall be required any time a mobile home is placed on a mobile home site or lot within the Borough of Oxford.

A tract size of at least five acres shall be required.

The tract of land to be developed shall be in single and separate ownership, or in the case of multiple ownership, it shall be developed according to a single overall plan with common authority and responsibility.

The tract and uses thereon shall have access only to an arterial or collector street via a common ingress and egress.

Minimum tract frontage on the arterial or collector street from which it has access shall be 150 feet.

Uses on the tract shall be screened in accordance with Subpart 3C of this chapter and Subpart 3C of Chapter 22.