Lemoyne Cumberland County
City Zoning Code
City Zoning Code
ARTICLE VI
Overlay Zoning Districts
§ 550-26 General provisions; purpose; districts established.
A.
Purpose and intent. The purpose of this Article VI of this chapter is to:
(1)
Provide a framework for enabling legislation to aid in the creation of various overlay zoning districts each with special regulations, requirements, and standards.
(2)
Provide a description of special regulations, requirements, and standards associated with each overlay zoning district.
(3)
Provide guidelines for the application of each overlay zoning district created to assure conformity with the purpose and development objectives of the applicable overlay zoning district.
B.
General provisions.
(1)
This Article VI establishes overlay zoning districts that include additional specific regulations, requirements, and standards of limited application to certain designated areas within Lemoyne Borough.
(2)
Overlay zoning districts provide additional considerations for development within specific designated areas Lemoyne Borough that are identified as possessing special and/or unique conditions, characteristics, circumstances and/or resources of importance, interest, and/or value to Lemoyne Borough. Such overlay zoning districts are established for the purposes of protecting the health, safety and general welfare, and furthering the community development objectives set forth in Article I of this chapter relating to purpose of enactment.
(3)
Overlay zoning districts may encompass one or more applicable underlying or base zoning districts, and impose additional or different regulations, requirements, and standards than those which are required by the applicable underlying or base zoning districts.
(4)
Applications for development are subject to the provisions of both the applicable underlying or base zoning district and the overlay zoning district.
(5)
Although overlay zoning districts may be more or less restrictive than the applicable underlying or base zoning district, unless otherwise specified in this Article VI of this chapter, wherever and whenever the regulations, requirements, and standards of overlay zoning districts are at variance with the regulations, requirements, and standards of applicable underlying or base zoning districts, the most restrictive, or that imposing the higher standards, shall govern development.
C.
Overlay zoning districts established. The following overlay zoning districts as set forth in Table 550-6-1 and associated special regulations, requirements, and standards are hereby established, and the respective overlay zoning districts are shown on the map(s) listed in Article I of this chapter relating to zoning districts and map.
§ 550-27 Floodplain Overlay Zoning District (FPO).
See Chapter 274 of the Code of the Borough of Lemoyne relating to floodplain management.
§ 550-28 Airport Overlay Zoning District (APO).
A.
Application. The regulations and standards contained in this section shall apply to all applications for development within the Airport Overlay Zoning District Lemoyne Borough to:
B.
Purpose and intent. The purpose of the Airport Overlay Zoning District is to:
(1)
Create an overlay zoning district that considers safety issues around the Capital City Airport (CXY) and Harrisburg International Airport (MDT).
(2)
Regulate and restrict the heights of established uses, constructed structures, and objects of natural growth.
(3)
Create appropriate related zones, establishing the boundaries thereof and providing for changes in the restrictions and boundaries of such zones.
(4)
Create a permitting process for certain uses, structures, and objects within said related zones.
C.
Relation to other zoning districts. The Airport Overlay Zoning District shall not modify the boundaries of any other overlay zoning district. Where identified, the Airport Overlay Zoning District shall impose certain requirements on land use, construction, and development in addition to those contained in the applicable underlying or base zoning district and/or applicable overlay zoning district for the same area.
D.
Establishment of airport zones. The Airport Overlay Zoning District is hereby established and certain zones within the Airport Overlay Zoning District, defined in Article II of this chapter relating to definitions and depicted on Figure 550-6-1 and shown on the map(s) listed in Article I of this chapter relating to zoning districts and map, as follows:
E.
Permit applications.
(1)
Applicability; procedure.
(a)
As regulated by Act 164[1] and defined by 14 Code of Federal Regulations, Part 77.13(a) (as amended or replaced), proposals for applications to:
[1]
Erect a new structure;
[2]
Add to or increase the height of an existing structure; or
[3]
Establish, erect, and/or maintain any use, structure, or object (natural or man-made), in the Airport Overlay Zoning District.
[1]
Editor's Note: See 74 Pa.C.S.A. § 5101 et seq.
(b)
The applicant shall first notify PennDOT's Bureau of Aviation (BOA) by submitting PennDOT Form AV-57 to obtain an obstruction review of the proposal at least 30 days prior to commencement thereof. PennDOT's BOA response must be included with this permit application for it to be considered complete. If PennDOT's BOA returns a determination of no penetration of airspace, the permit request should be considered in compliance with the intent of this section of the Airport Overlay Zoning District. The applicant must still meet the other requirements of this overlay district. If PennDOT's BOA returns a determination of a penetration of airspace, the permit shall be denied, and the project sponsor may seek a variance from such regulations as outlined in Subsection F of this section.
(2)
Exceptions. In the following circumstances notification of an approval by PennDOT's Bureau of Aviation (BOA) shall not be required:
(a)
No permit is required for the routine maintenance and repairs to, or the replacement of parts of existing structures which do not enlarge or increase the height of an existing structure.
(b)
In the areas lying within the limits of the horizontal zone and/or conical zone, no permit shall be required for any tree or structure less than 200 feet or vertical height above the ground, except when, because of terrain, land contour, or topographic features, such tree or structure would extend above the height limits prescribed for such zones.
(c)
In the areas lying within the limits of the approach zones, but at a horizontal distance of not less than 4,200 feet from each end of the runway, no permit shall be required for any tree or structure less than 200 feet of vertical height above the ground, except when, because of terrain, land contour or topographic features, such tree or structure would extend above the height limit prescribed for such approach zones.
(d)
In the areas lying within the limits of the transition zones beyond the perimeter of the horizontal zones, no permit shall be required for any tree or structure less than 200 feet of vertical height above the ground, except when such tree or structure, because of terrain, land contour, or topographic feature, would extend above the height limit prescribed for such transition zones.
(e)
Nothing contained in any of the foregoing exceptions shall be construed as permitting or intending to permit any construction, or alteration of any structure, or growth of any tree in excess of any of the height limits established by this Airport Overlay Zoning District, except that no permit is required to make maintenance repairs to or to replace parts of existing structures which do not enlarge or increase the height of an existing structure.
F.
Variances. In addition to the provisions set forth in Article XII of this chapter relating to Zoning Hearing Board, any request for a variance shall include documentation in compliance with 14 Code of Federal Regulations, Part 77, Subpart B (FAA Form 7460-1 as amended or replaced). Determinations of whether to grant a variance will depend on the determinations made by the Federal Aviation Administration's (FAA) and PennDOT's BOA as to the effect of the proposal on the operation of air navigation facilities and the safe, efficient use of navigable air space. In particular, the request for a variance shall consider which of the following categories the FAA has placed the proposed construction in:
(1)
No objection. The subject construction is determined to not exceed obstruction standards and marking/lighting is not required to mitigate potential hazard. Under this determination a variance shall be granted.
(2)
Conditional determination. The proposed construction/alteration is determined to create some level of encroachment into an airport hazard area which can be effectively mitigated. Under this determination, a variance shall be granted contingent upon implementation of mitigating measures as described in Subsection I.
(3)
Objectionable. The proposed construction/alteration is determined to be a hazard and is thus objectionable. A variance shall be denied, and the reasons for this determination shall be outlined to the applicant. Such requests for variances shall be granted where it is duly found that a literal application or enforcement of the regulations will result in unnecessary hardship and that relief granted will not be contrary to the public interest, will not create a hazard to air navigation, will do substantial justice, and will be in accordance with the purpose and intent herein this section.
G.
Use restrictions. Notwithstanding any other provisions herein this section, no use shall be made of land, water, or structure within the Airport Overlay Zoning District in such a manner as to:
(1)
Create electrical interference with navigational signals or radio communications between the airport and aircraft.
(2)
Make it difficult for pilots to distinguish between airport lights and others.
(3)
Impair visibility within the Airport Overlay Zoning District of Lemoyne Borough.
(4)
Create bird strike hazards.
(5)
Otherwise endanger or interfere with the landing, takeoff or maneuvering of aircraft utilizing the airport(s).
H.
Nonconforming uses, structures, and/or trees. The regulations prescribed by this section shall not be construed to require the removal, lowering, or otherwise change to, or alteration of any use, structure, and/or tree identified as nonconforming to the regulations of this section as of the effective date of this chapter, or to otherwise interfere with the continuance of a nonconforming use, structure, and/or tree. No nonconforming use or structure shall be altered, nor tree permitted to grow higher, so as to increase the nonconformity (relating to height and the use restrictions set forth herein this section). A nonconforming use, structure, or tree once abandoned or damaged or destroyed as per to the standards in Article X of this chapter relating to existing nonconforming uses and structures, may only be reestablished consistent with the provisions of this section and Article X of this chapter relating to existing nonconforming uses and structures.
I.
Obstruction marking and lighting. Any permit or variance granted pursuant to the provisions of this section and Article XII of this chapter may be conditioned according to the process described in this section to require the owner of the structure or object of natural growth in question to permit the Borough of Lemoyne, at its own expense, or require the person requesting the permit or variance, to install, operate, and maintain such marking or lighting as deemed necessary to assure both ground and air safety.
§ 550-29 Development Compatibility Overlay Zoning District (DCO).
A.
Application. The regulations, standards, and guidelines contained in this section shall apply to applications for new development activity specifically including, but not limited to, new uses, replacement, infill, and redevelopment within the Development Compatibility Overlay Zoning District of Lemoyne Borough, unless otherwise noted in this chapter.
B.
Purpose and intent. The purpose of the Development Compatibility Overlay Zoning District is to:
(1)
Protect and enhance the development patterns and characteristics of well-established neighborhoods and other important character areas in Lemoyne Borough by accommodating applications for new development activity, specifically including, but not limited to, new uses, replacement, infill, and redevelopment that are consistent and compatible with the character and scale of the established development patterns and distinctive features of the neighborhoods and other important character areas via the development compatibility design guidelines and standards set forth in this section.
(3)
Provide a manual of written and graphic design guidelines to assist applicants in the preparation of proposals for new development activity specifically including, but not limited to, new uses, replacement, infill, and redevelopment in accordance with § 708-A of the MPC.[2]
[2]
Editor's Note: See 53 P.S. § 10708-A.
C.
Boundaries. The boundaries of the Development Compatibility Overlay Zoning District are shown on the map(s) listed in Article I of this chapter relating to zoning districts and map.
D.
Permitted uses. Proposals for applications for new development activity specifically including, but not limited to, new uses, replacement, infill, and redevelopment, shall be permitted in accordance with the regulations of the applicable underlying or base zoning district, provided that all such uses, activities, and/or development shall be undertaken in compliance with the development compatibility design guidelines and standards set forth in this section.
E.
Application of development compatibility design guidelines and standards. The development compatibility design guidelines and standards are enabled by § 708-A of the MPC[3] as the manual of written and graphic design guidelines.
(1)
These development compatibly design guidelines and standards provide the Borough officials, residents, business owners, developers, builders, and other interested parties with a written and visual set of compatibility design standards and characteristics prevalent in and important to the protecting and enhancing the established development patterns and features of neighborhoods and important character areas in Lemoyne Borough.
(2)
These design guidelines and standards provide the desired direction for applications for new development activity, specifically including, but not limited to, new uses, replacement, infill, and redevelopment within neighborhoods and other important character areas in Lemoyne Borough to ensure consistency and compatibility between new development, including to new uses, replacement, infill, and redevelopment, and established building and development types, styles, and, patterns.
(3)
In addition to the general building and land requirements set forth elsewhere in this chapter, proposals for development shall be consistent with the compatibility design standards and guidelines set forth in this section. If a design guideline or standard is not specifically indicated in these compatibility design guidelines and standards, refer to the most recent version of the Lemoyne Borough Comprehensive Plan, and/or other applicable plans adopted by Lemoyne Borough for additional information.
(4)
These compatibility design guidelines and standards highlight important design characteristics relating to buildings and land development via written standards and visual images which are intended to provide guidance and inspiration for implementing the desired design concepts set forth in the most recent version of the Lemoyne Borough Comprehensive Plan, and/or other applicable plans adopted by Lemoyne Borough. The images and visual examples of these design guidelines and standards are provided for general illustrative purposes only, and shall not be construed to be operative language of the chapter. The written standards of these design guidelines and standards shall take precedence over the images and visual examples, and therefore govern.
(5)
Applications for zoning and/or building permits.
(a)
Limited applicability and compliance. The applicability of specific development compatibility design guidelines and standards are limited only to those specific guidelines and standards relating to and affecting the specific building and development features proposed, listed on, and applied for as part of a zoning and/or building permit application.
[1]
Example 1: If an applicant for a zoning/building permit proposes to only enclose a front porch on an existing one-story building used for a single-family residential dwelling and which is located on a block and surrounded by three-story buildings, the only development compatibility design guidelines and standards that would apply would be limited to front porch enclosures only.
[2]
Example 2: If an applicant for a zoning/building permit proposes to construct a new building to be used for a medical office on a vacant lot located on a block and surrounded by three-story buildings, then the development compatibility design guidelines and standards that would apply would include and not be limited to: building setbacks; building height; building orientation; building facades; building roofs; building footprint; lot access and parking; nonresidential uses within an enclosed building; refuse and servicing facilities; and hours of operation.
(b)
In addition to the information required in Article XII of this chapter, applications for new development activity specifically including, but not limited to, new uses, replacement, infill, and redevelopment in the Development Compatibility Overlay Zoning District shall be submitted with the following information unless the Zoning Officer determines such information is unnecessary to determine compliance with this section:
[1]
A complete set of calculations (e.g., required building setbacks, building heights, lot access, etc.) used to determine and demonstrate compliance with all applicable standards set forth in this section and the applicable underlying or base zoning district in which it is situated.
[2]
A schematic architectural drawing of the principal building's proposed front facade(s).
(6)
Development compatibility design guidelines and standards. Specific building and development compatibly design guidelines and standards shall apply to the following features:
(a)
Front building setback.
(b)
Side building setback.
(c)
Building height.
(d)
Building orientation.
(e)
Building facade.
(f)
Building roof.
(g)
Reuse of existing or formerly residential building.
(h)
Building footprint.
(i)
Fire escape.
(j)
Lot access and parking.
(k)
Residential garage location and design.
(l)
Nonresidential uses within an enclosed building.
(7)
If new development activity, specifically including, but not limited to, new uses, replacement, infill, and redevelopment in the Development Compatibility Overlay Zoning District cannot to the maximum extent feasible be designed in accordance with the applicable standards in this section, the applicant shall demonstrate by credible evidence that the new development cannot to the maximum extent feasible be designed due to structural limitations of the building(s) and structure(s) and/or physical limitations and constraints of the lot. Persons aggrieved by the Zoning Officer's determination may appeal to the Zoning Hearing Board in accordance with Article XII of this chapter relating to Zoning Hearing Board.
[3]
Editor's Note: See 53 P.S. § 10708-A.
F.
Front building setback.
(1)
Front building setbacks on the lot proposed for development shall respect and maintain the predominant development pattern, context, and character of the principal buildings and other features on the abutting lots, and when to the maximum extent feasible, shall incorporate the predominant character of the majority of the existing principal buildings on the same shared block face (between two intersecting streets) along the same side of the street.
(2)
For a lot proposed for development, the distance that the front of the principal building is set back from the street right-of-way shall be similar to the distances between an existing principal building and the street right-of-way on abutting lots in accordance with the following standards:
(a)
Identify the existing principal building on each lot abutting the lot proposed for development.
(b)
Calculate the distances that the existing principal buildings are set back from the street rights-of-way line(s), on the abutting lots.
[1]
If an abutting lot is vacant, the required building setback of the abutting vacant lot shall be assumed to be the front building setback standards required in the applicable underlying or base zoning district in which it is situated.
[2]
For corner lots, the standards set forth in this subsection shall be calculated using each abutting lot, which includes those abutting lots having frontage on, and the existing principal buildings oriented toward, the intersecting street.
(c)
The front building setback for the building on the lot proposed for development shall be no closer toward (minimum), and no farther away from (maximum), the street right-of-way than the front building line of existing buildings on abutting lots, unless all buildings on the abutting lots have the same building setback distance.
[1]
Covered front porches shall be permitted to fulfill this requirement.
(d)
No building shall extend into any street right-of-way.
(3)
Front building setback graphic examples.
 | Figure 550-6-2 Compatible Front Building Setback: New Replacement Building - Carlisle, PA |
 | Figure 550-6-3 Compatible Front Building Setback: New Replacement Building - Mechanicsburg, PA |
 | Figure 550-6-4 Incompatible Front Building Setback: New Infill Building - Sewickley, PA |
 | Figure 550-6-5 Compatible Front Building Setback: New Infill Building - Shiremanstown, PA |
Figure 550-6-6 Typical Front Setback Conditions  | |
 |
G.
Side building setback.
(1)
For a lot proposed for development, the distance the principal building is set back from its side lot lines, and other buildings on abutting lots to the side, shall be similar to those distances between an existing principal building and the side lot lines on abutting lots in accordance with the following standard:
(a)
Identify the existing principal building on each lot abutting the lot proposed for development.
(b)
Calculate the distances that the existing principal buildings are set back from each side lot line(s) on the abutting lots.
[1]
If an abutting lot is vacant, the side building setback of the abutting vacant lot shall be assumed to be the minimum side setback standard required in the applicable underlying or base zoning district in which it is situated.
[2]
For corner lots, the standards set forth in this subsection shall be calculated using each abutting lot, which includes those abutting lots having frontage on, and existing principal buildings oriented toward, the intersecting street.
(c)
The minimum side building setback for the principal building on the lot proposed for development shall be the average of the building setback distances from side lot line(s) on abutting lots, calculated in Subsection G(1)(b)[2], above. This average distance may not be decreased unless the principal building is constructed with a shared common party wall and the written consent of the owner of the abutting lot and building.
(2)
Side building graphic examples.
Figure 550-6-7 Typical Front Setback Conditions  |
 |
H.
Building height.
(1)
Roof heights, cornice lines, eaves, parapets and porches of the principal building on the lot proposed for development shall respect and maintain the predominant development pattern, context, and character of the principal buildings and other features on the abutting lots, and when to the maximum extent feasible, shall incorporate the predominant character of the majority of the existing principal buildings on the same shared block face (between two intersecting streets) along the same side of the street.
(2)
For a lot proposed for development, the height of the principal building shall be similar to those principal building heights, in stories and/or feet, for existing principal buildings on abutting lots in accordance with the following standards:
(a)
Identify the existing principal building on each lot abutting the lot proposed for development.
(b)
Calculate the average number of stories and/or feet of the heights of the existing principal buildings on the abutting lots.
[1]
If an abutting lot is vacant, the number of stories for an abutting vacant lot shall be assumed to be one story, unless the building height standards defined in the applicable underlying or base zoning district in which it is situated have a different minimum building height, in which case, the number of stories shall be that required by the applicable underlying or base zoning district.
[2]
For corner lots, the standards set forth in this subsection shall be calculated using each abutting lot, which includes those abutting lots having frontage on, and the existing principal buildings oriented toward, the intersecting street.
[3]
When determination of the number of stories and/or feet results in a requirement of a fractional height, any fraction up to and including 1/2 may be disregarded, and fractions over 1/2 shall be interpreted as one story or one foot, as applicable.
[4]
The height of the principal building shall not have less stories and/or height in feet than the shortest existing principal building on the abutting lots, and shall not have more stories and/or height in feet than the tallest existing principal building on the abutting lots.
(3)
Building height graphic examples.
 | Figure 550-6-8 Compatible Building Height: New Infill Building - Lemoyne, PA |
 | Figure 550-6-9 Compatible Building Height: New Redevelopment Buildings - Harrisburg, PA |
 | Figure 550-6-10 Incompatible Building Height: New Infill Building - Dallas, PA |
 | Figure 550-6-11 Compatible Building Height: New Replacement Building - West Chester, PA |
I.
Building orientation.
(1)
Principal building orientation on the lot proposed for development shall respect and maintain the predominant development pattern, context, and character of the principal buildings and other features on the abutting lots, and when to the maximum extent feasible, shall incorporate the predominant character of the majority of the existing principal buildings on the same shared block face (between two intersecting streets) along the same side of the street.
(2)
Unless otherwise noted in this section, for a lot proposed for development, the orientation and location of the main or everyday front entrance, doors, porches, stoops, and/or windows for the principal building shall be similar to the orientation and location of the main or everyday front entrance, doors, porches, stoops, and/or windows on existing principal buildings on abutting lots in accordance with the following standards:
(a)
Interior lots. Principal buildings shall have their primary front facades, provided with a main or everyday front entrance, doors, porches, stoops, and/or windows, oriented toward and facing the public street, excluding minor access streets.
(b)
Corner lots. Principal buildings on lots abutting more than one public street shall have their primary front facades, provided with a main or everyday front entrance, doors, porches, stoops, and/or windows, oriented towards and facing (in order of preference):
(c)
Lots abutting Market Street, Third Street, Hummel Avenue and/or State Street. Principal buildings on lots abutting said streets shall have at their primary front facades, provided with a main or everyday front entrance, doors, porches, stoops, and/or windows, oriented toward and facing the above mentioned street(s) in accordance with the following standard:
[1]
Interior lots. Principal buildings shall have their primary front facades, provided with a main or everyday front entrance, doors, porches, stoops, and/or windows, oriented toward the above-mentioned streets.
[2]
Corner lots. Principal buildings on lots fronting on more than one public street shall have their primary front facades, provided with a main or everyday front entrance, doors, porches, stoops, and/or windows, oriented towards and facing (in order of preference):
[a]
Above-mentioned streets and the intersecting street, excluding minor access streets.
[b]
The corner with one entrance located at and oriented toward the corner with an appropriate building feature or detail such as a covered front porch, chamfered corner, turret, canopy, or other similar building feature.
(d)
In the event that a principal building's main or everyday front entrance is not located on the building facade facing the public street, excluding minor access streets, said facade should be designed to appear to have a main or everyday front entrance, doors, porches, stoops, and/or windows, and other architectural details similar to those found on the actual main entrance.
(3)
Building orientation graphic examples.
 | Figure 550-6-12 Compatible Building Orientation: New Redevelopment Buildings - Pittsburgh, PA |
 | Figure 550-6-13 Compatible Building Orientation: New Replacement Building - Harrisburg, PA |
 | Figure 550-6-14 Incompatible Building Orientation: New Infill Building - New Cumberland, PA |
 | Figure 550-6-15 Compatible Building Orientation: New Infill Building - Sewickely, PA |
J.
Building facade.
(1)
Building facades on the lot proposed for development shall respect and maintain the predominant development pattern, context, and character of the principal buildings and other features on the abutting lots, and when to the maximum extent feasible, shall incorporate the predominant character of the majority of the existing principal buildings on the same shared block face (between two intersecting streets) along the same side of the street.
(2)
For a lot proposed for development, the facade of principal building shall be similar to those building facades for existing principal buildings on abutting lots in accordance with the following standards:
(a)
Blank walls on building facades shall not be permitted.
[1]
A minimum of 50% of the first floor of a new building's facade(s) shall include some combination of the main or everyday entrance, windows, porches, stoops and overhangs, and/or balconies. Door frames and window frames and shutters shall be permitted to fulfill this requirement.
[2]
Glass must have a minimum light transmittance of 70%. Stained, ornamental, or privacy glass is exempted.
(b)
Where a new principal building is proposed to have a facade greater than 45 feet in width, such facade shall incorporate recesses, projections, different facade materials, colors and/or designs, and/or different rooflines and roof pitches, to reduce the effect of a monotonous, blank wall appearance.
[1]
In the VMU Zoning District and the DT Zoning District, all facade of new principal buildings shall have their main or everyday front entrance accentuated and provided with some weather protection. Permitted entrances types include: recessed or protruding covered porch, canopy, awning, portico, or overhang.
(c)
Where a new principal building is proposed, at least 75% of the facade shall be located on the required front building setback line. Covered front porches shall be permitted to fulfill this requirement.
(3)
Building facade graphic examples.
 | Figure 550-6-16 Compatible Building Facade: New Replacement Building - Carlisle, PA |
 | Figure 550-6-17 Compatible Building Facade: New Replacement Buildings - Carlisle, PA |
 | Figure 550-6-18 Incompatible Building Facade: New Replacement Building - Mechanicsburg, PA |
 | Figure 550-6-19 Compatible Building Facade: New Buildings - Mt. Joy, PA |
K.
Building roof.
(1)
Principal building roofs on lots proposed for development shall respect and maintain the predominant development pattern, context, and character of the principal buildings and other features on the abutting lots, and when to the maximum extent feasible, shall incorporate the predominant character of the majority of the existing principal buildings on the same shared block face (between two intersecting streets) along the same side of the street.
(2)
For a lot proposed for development, the roof of the principal building shall be similar to those building roofs for existing principal buildings on abutting lots in accordance with the following standards:
(a)
Principal buildings in the SR Zoning Districts or VMU Zoning District shall have a pitched roof with a conventional slope or steep slope, of no less than 4/12.
(b)
Principal buildings in the UR Zoning District shall have a pitched roof with a conventional slope or steep slope, of no less than 6/12.
(c)
Principal buildings in the DT Zoning District may have a flat roof, but if a pitched roof is proposed, then the pitched roof shall have a conventional slope or steep slope, of no less than 4/12.
(3)
Building roof graphic examples.
 | Figure 550-6-20 Compatible Building Roof: New Replacement Building - Lemoyne, PA |
 | Figure 550-6-21 Compatible Building Roof: New Infill Building - Mechanicsburg, PA |
 | Figure 550-6-22 Incompatible Building Roof: New Building - Dallas, PA |
 | Figure 550-6-23 Compatible Building Roof: New Infill Building - Mechanicsburg, PA |
L.
Reuse of existing or formerly residential building.
(1)
Modification of existing or formerly residential buildings.
(a)
In addition to other standards of this chapter, the reuse of existing or formerly residential buildings for all permitted nonresidential use and mixed-use establishments, the existing or formerly residential building shall maintain an exterior appearance that resembles and is compatible with any existing residential dwellings and residential buildings in the neighborhood. No modifications or alternations to the external appearance of building facades which would alter its existing or formerly residential character shall be permitted, except for permitted signs, front porch enclosures provided for herein this subsection below, fire and safety requirements, etc.
[1]
Building modifications shall occur to the rear and/or nonpublic street, excluding minor access streets, side of the existing principal building.
(b)
Covered front porch enclosures. Front porch enclosures shall comply with the following standards:
[1]
The applicant shall demonstrate that expansion to the rear and/or side of the existing principal building, including enclosing any side and rear porches, is not feasible.
[2]
Front porch enclosures shall be limited to the existing front porch footprint.
[3]
Front porch enclosures shall include the use of glass or screens that leave intact the original elements of the porch, including: the percentage of open area, including windows and doors, to percentage of structural area, including solid wall space, as well as the railings, transoms, columns, and roof. To accommodate for any related framing, the percentage of open area may be decreased by not more than 10%, and the percentage of structural area shall not be increased by more than 10%.
[4]
Front porch enclosures shall include the use of materials and colors that are consistent and compatible with the principal building.
[5]
Multiple-story front porch enclosures shall not be permitted.
(2)
Modification of existing or formerly residential buildings graphic examples.
 | Figure 550-6-24 Compatible Modification of Existing or Formerly Residential Building - Lock Haven, PA |
 | Figure 550-6-25 Compatible Modification of Existing or Formerly Residential Building - Ephrata, PA |
 | Figure 550-6-26 Incompatible Modification of Existing or Formerly Residential Building - Shiremanstown, PA |
 | Figure 550-6-27 Compatible Modification of Existing or Formerly Residential Building - Selinsgrove, PA |
(3)
Covered front porch enclosure graphic examples.
 | Figure 550-6-28 Compatible Covered Front Porch Enclosure: Existing Building - Lock Haven, PA |
 | Figure 550-6-29 Compatible Covered Front Porch Enclosure: Existing Building - Ephrata, PA |
 | Figure 550-6-30 Incompatible Covered Front Porch Enclosure: Existing Building - Penbrook, PA |
 | Figure 550-6-31 Compatible Covered Front Porch Enclosure: Existing Building - Wormleysburg, PA |
M.
Building footprint.
(1)
Building footprints on lots proposed for development shall respect and maintain the predominant development pattern, context, and character of the principal buildings and other features on the abutting lots, and when to the maximum extent feasible, shall incorporate the predominant character of the majority of the existing principal buildings on the same shared block face (between two intersecting streets) along the same side of the street.
(2)
For a lot proposed for development, the building footprint of a new principal building shall be similar to the building footprint of existing principal buildings on adjacent lots on the same shared block face (between two intersecting streets) along the same side of the street in accordance with the following standards:
(a)
Identify the existing principal buildings on adjacent lots on the same shared block face (between two intersecting streets) along the same side of the street, as the lot proposed for development.
(b)
Calculate the average building footprint of all the existing principal buildings on adjacent lots on the same shared block face (between two intersecting streets) along the same side of the street.
[1]
For corner lots, the standards shall be calculated using adjacent lots, which include those adjacent lots having frontage on, and the existing principal buildings oriented toward, the intersecting street.
[2]
Determine the largest building footprint of all the existing principal buildings on adjacent lots on the same shared block face (between two intersecting streets) along the same side of the street.
(c)
The maximum building footprint for the new principal building on the lot proposed for development shall be no greater than the largest building footprint of all the existing principal buildings on adjacent lots on the same shared block face (between two intersecting streets) along the same side of the street, or:
[1]
Fifty percent more than (or 1 1/2 times) the average building footprint of all the existing principal buildings on adjacent lots on the same shared block face (between two intersecting streets) along the same side of the street calculated in Subsection M(2)(b), in the residential zoning districts, whichever is less.
[2]
Seventy-five percent more than (or 1 3/4 times] the average building footprint of all the existing principal buildings on adjacent lots on the same shared block face (between two intersecting streets) along the same side of the street calculated in Subsection M(2)(b), in the VMU Zoning District, whichever is less.
[3]
One hundred percent more than (or two times) the average building footprint of all the existing principal buildings on adjacent lots on the same shared block face (between two intersecting streets) along the same side of the street calculated in Subsection M(2)(b), in the DT Zoning District, whichever is less.
(3)
The maximum building footprint standard set forth above shall not apply to expansions of existing principal buildings.
(4)
Building footprint graphic examples.
 | Figure 550-6-32 Compatible Building Footprint: Lemoyne, PA (Source: www.ccpa.net, 2011) |
 | Figure 550-6-33 Compatible Building Footprint: Mechanicsburg, PA (Source: www.ccpa.net, 2011) |
 | Figure 550-6-34 Incompatible Building Footprint: New Cumberland, PA (Source: www.ccpa.net, 2011) |
 | Figure 550-6-35 Compatible Building Footprint: Carlisle, PA (Source: www.ccpa.net, 2011) |
N.
Fire escape.
(1)
For a lot proposed for development, the location of fire escapes on the exterior of principal buildings shall be similar to those fire escape locations for existing principal buildings on abutting lots in accordance with the following standards:
(a)
Fire escape locations shall respect and maintain the predominant development pattern, context, and character of the principal buildings and other features on the abutting lots, and when to the maximum extent feasible, shall incorporate the predominant character of the majority of the existing principal buildings on the same shared block face (between two intersecting streets) along the same side of the street.
(b)
Fire escapes, where required to be mounted on the exterior of the building, shall be located (in order of preference):
(2)
Fire escape graphic examples.
 | Figure 550-6-36 Compatible Fire Escape: Mechanicsburg, PA |
 | Figure 550-6-37 Compatible Fire Escape: Gettysburg, PA |
 | Figure 550-6-38 Incompatible Fire Escape: Lock Haven, PA |
 | Figure 550-6-39 Compatible Fire Escape: Lampeter, PA |
O.
Lot access and parking.
(1)
Where a lot proposed for development abuts a minor access street and where the majority of the existing principal buildings on the same shared block face (between two intersecting streets) along the same side of the street take access from the minor access street and have parking to the rear of the lot, then new lot access and parking areas shall be provided in a similar manner and location.
(a)
Lot access shall be provided at the rear of lots from the minor access street for those lots abutting minor access streets.
(b)
For lots abutting minor access streets, no new curb cut for a driveway or access drive shall be provided along a public street, excluding minor access streets.
(c)
In the residential zoning districts, VMU Zoning District, or DT Zoning District, for a lot proposed for development and abutting a minor access street, required off-street parking lots and areas shall:
[1]
To the maximum extent feasible, be provided to the rear of the principal building first. If not feasible, then may be located in the side yard behind the facade of the principal building.
[2]
Not be located in the front yard between the principal building and the public street, excluding minor access streets.
[4]
In the case of a corner lot, not be located at or adjacent to the intersection of two streets.
(2)
For a lot proposed for development that does not abut a minor access street, or for a lot proposed for development that abuts a minor access street where the majority of the existing adjacent lots on the same shared block face (between two intersecting streets) along the same side of the street have access to the public street from the front of the lot, new lot access may be taken from the front of the lot via curb cuts for access drives and driveways in accordance with Article IX of this chapter relating to driveways and access drives and the standards below:
(a)
Where sidewalks are installed, the access drive or driveway surfacing shall end at the building side of the sidewalk and on the street side of the sidewalk, such that no access drive or driveway surfacing shall extend over the sidewalk area.
(b)
No nonresidential off-street parking lots or areas shall be located in the front yard between the principal building and the public street, excluding minor access streets.
(3)
Lot access and parking graphic examples.
 | Figure 550-6-40 Compatible Lot Access and Parking: Gettysburg, PA |
 | Figure 550-6-41 Compatible Lot Access and Parking: Lower Moreland Township, PA |
 | Figure 550-6-42 Incompatible Lot Access and Parking: Greencastle, PA |
 | Figure 550-6-43 Compatible Lot Access and Parking: Pittsburgh, PA |
P.
Residential garage location and design.
(1)
To the maximum extent feasible, residential dwelling units shall be designed so that garages or carports are not an overly prominent part of the view from public street rights-of-way. For purposes of this section, the term "garage door" shall also include a carport's front entry opening, unless otherwise specified in this chapter.
(2)
For a lot proposed for development, the location and design of accessory garages and carports serving residential uses and dwelling units shall be provided in a similar manner and location to existing accessory garages and carports on abutting lots and in accordance with the following standards:
(a)
Within the residential zoning districts, VMU Zoning District, or DT Zoning District, residential accessory garages shall be located behind the rear wall of the principal building and lot access provided in accordance with Article IX of this chapter relating to driveways and access drives.
(b)
Within the residential districts:
[1]
Front-loaded garages shall be limited as follows:
[a]
A garage door with a width of greater than 50% of the width of the principal building's front facade shall be prohibited.
[b]
A garage door with a width greater than or equal to 25% but less than 50% of the width of the principal building's front facade shall be set back at least 20 feet behind the front building line.
[c]
A garage door with a width less than 25% of the width of the principal building's front facade may be even with (incorporated as part of) or behind the principal building's front facade.
[d]
In no case shall a front loaded garage or carport extend closer toward the front lot line than the principal building's front facade.
[3]
Garages and carports shall be architecturally designed to be compatible in design and harmonize with the residential use or dwelling to which they are appurtenant. Garages shall be located so that the swing of the opening door shall not in any case extend beyond any lot line.
(3)
Residential garage location and design graphic examples.
 | Figure 550-6-44 Compatible Residential Garage: Camp Hill, PA |
 | Figure 550-6-45 Compatible Residential Garage: Paxtang, PA |
 | Figure 550-6-46 Incompatible Residential Garage: Lower Allen Township, PA |
 | Figure 550-6-47 Compatible Residential Garage: Lemoyne, PA |
Q.
Nonresidential uses within an enclosed building.
(1)
Unless otherwise permitted as an essential and customary element of operating a permitted principal nonresidential use in the applicable zoning district, or unless otherwise permitted elsewhere in this chapter, all permitted principal nonresidential uses shall be conducted within a completely enclosed building. Uses exempt from this regulation include, but are not limited to:
(2)
Unless otherwise permitted as an essential and customary element of operating a permitted principal nonresidential use in the applicable zoning district, or unless otherwise permitted elsewhere in this chapter, all permitted accessory uses as part of permitted principal nonresidential uses shall be conducted within a completely enclosed building. Uses exempt from this regulation include, but are not limited to:
(3)
Nonresidential uses within an enclosed building graphic examples.
 | Figure 550-6-48 Compatible Nonresidential Accessory Use (permitted to not be within an enclosed building): Outdoor Cafe/Dining - Gettysburg, PA |
 | Figure 550-6-49 Compatible Nonresidential Principal Use Within an Enclosed Building: Brewing Operations within a Garage - Selinsgrove, PA |
 | Figure 550-6-50 Incompatible Nonresidential Principal Use Not Within an Enclosed Building: Outdoor Stockpiling/Storage - Willow Street, PA |
 | Figure 550-6-51 Compatible Nonresidential Accessory Use (permitted to not be within an enclosed building): Outside Sales/Display - Lemoyne, PA |
R.
Demolition, removal or relocation of a principal building.
(1)
General requirement. Demolition, removal or relocation of a principal building shall be regulated in accordance with this section. No principal building shall be demolished, removed or otherwise relocated without a permit obtained under this provision except for emergency demolitions.
(2)
Application procedures. All applications for demolition, removal or relocation of principal buildings shall be referred by the Zoning Officer to the Lemoyne Borough Council to hear and decide such request as a conditional use. The Lemoyne Borough Council shall have the authority to permit or deny demolition, removal or relocation of the principal building in accordance with the standards governing conditional use applications in accordance with Article XII of this chapter relating to conditional uses.
(3)
Criteria for review. Applicants for a permit to demolish, remove, or relocate a principal building in whole or in part must provide, as part of their conditional use application, a written statement as to whether the following statements are correct and provide detailed substantiation for each statement which is believed to be correct. In each instance, the burden of proof is on the property owner to demonstrate that the property owner has been deprived any profitable use of the relevant parcel as a whole. The recommendation of the Lemoyne Borough Planning Commission and the decision of the Lemoyne Borough Council shall be based upon a review of the information submitted by the applicant against all criteria and not any one criterion. The goals and development objectives of the Borough shall also be considered:
(a)
It is not feasible to continue the current use.
(b)
Other uses permitted within the applicable underlying or base zoning district, either as permitted uses, special exception uses, or conditional uses, have been denied or are not feasible due to constraints on the principal building or property.
(c)
Adaptive use opportunities do not exist due to constraints related to the principal building or property.
(d)
The principal building, its permitted uses, and adaptive use potential does not provide a reasonable rate of return, based on a reasonable initial investment. Such reasonable rate of return shall be calculated with respect to the property taken as a whole.
(e)
The applicant has not contributed to the existing conditions, either through neglect or prior renovation, conversion, alteration or similar physical action.
(f)
The demolition will not adversely affect the character of the property, streetscape, neighborhood, or community.
(g)
Proposed new building(s), structure(s), or use(s) (if applicable) on or of the property will not adversely affect the character of the property, streetscape, neighborhood, or community.
(h)
The principal building is structurally unsound.
(i)
Sale of the principal building is impossible or impractical.
(j)
Denial of demolition will deprive the property as a whole of all beneficial use.
(4)
Associated land development plan. If the application for a permit for demolition, removal or relocation of a principal building is being requested to facilitate future development of the land, then said permit shall not be issued until the following additional requirements have been satisfied.
(5)
Enforcement. In addition to the enforcement provisions found in Article XII of this chapter to the Lemoyne Borough Council may authorize action to withhold issuance of any and all zoning and building permits for a period of up to one year for any property that at the time of the enactment of these provisions, was occupied by a principal building that was subsequently demolished, removed or relocated without obtaining a permit as provided for herein. In addition, the Lemoyne Borough Council may take other appropriate legal action, which may include equitable and injunctive relief, to enforce the provisions of this section.
(6)
Demolition, removal or relocation of a principal building graphic examples.
 | Figure 550-6-52 Compatible Demolition, Removal or Relocation of a Principal Building Not Permitted and Compatible Use of Building - Mechanicsburg, PA |
 | Figure 550-6-53 Compatible Demolition, Removal or Relocation of a Principal Buildings Permitted (due to fire) and New Compatible Replacement Buildings - Lemoyne, PA |
 | Figure 550-6-54 Incompatible Demolition, Removal or Relocation of a Principal Building: Demolition Permitted Without Compatible Replacement Building - Mechanicsburg, PA |
 | Figure 550-6-55 Incompatible Demolition, Removal or Relocation of a Principal Building: Demolition Not Permitted - Mechanicsburg, PA |
§ 550-30 Natural Resources Overlay Zoning District (NRO).
A.
Purpose and intent. The purpose and intent of the Natural Resources Overlay Zoning District is to:
(1)
Ensure the public health, safety and welfare Lemoyne Borough through the protection of steep slopes, streams/watercourses, surface water, wetlands, and their associated critical environmental areas/features. These area/features are considered some Lemoyne Borough's most important natural features, resources, and areas as set forth in the most recent version of the Lemoyne Borough Comprehensive Plan. The Natural Resources Overlay Zoning District shall include the following features, resources, and areas:
(2)
Implement the following sections of the MPC: § 603(b)(5),[1] which states that zoning ordinances may permit, prohibit, regulate, restrict and determine protection and preservation of natural and historic resources . . . ."; § 603(g)(2),[2] which states that "zoning ordinances shall provide for protection of natural and historic features and resources"; and § 604(1),[3] which states that "the provisions of zoning ordinances shall be designed to promote protect and facilitate any or all of the following . . . preservation of the natural, scenic and historic values. . . ."
B.
Conflict and boundaries.
(1)
In the event that two or more natural resources, features, and areas identified in this section overlap, the resources, features, and areas with the most restrictive standard (the least amount of permitted alteration regarding clearing or building) shall apply to the area of overlap.
(2)
The boundaries of the Natural Resources Overlay Zoning District shown on the map(s) listed in Article I of this chapter relating to zoning districts and map, are for general information purposes only and shall not be used to determine the specific location of steep slopes, streams/watercourses, surface water, wetlands, and their associated critical environmental areas/features on individual lots. The specific locations of the steep slopes, streams/watercourses, surface water, wetlands, and their associated critical environmental areas/features on individual lots shall be determined in accordance with the specific standards of the individual overlay district provisions set forth in this section.
C.
Certain exemptions from locating the natural resources overlay zoning district and related natural features, resources, and areas. Where a proposed lot, improvement, or earth disturbance is located more than 250 feet from the potential Natural Resources Overlay Zoning District and/or natural features, resources, and areas within the related Steep Slope Protection Overlay, Stream Protection Overlay, Surface Water Overlay, and Wetland Protection Overlay and which involves a "lot add-on," "lot consolidation" or "revised subdivision" plan which no new lots, structures and public improvements are created, the Natural Resources Overlay Zoning District and the specific applicable natural features, resources, and areas within the related Steep Slope Protection Overlay, Stream Protection Overlay, Surface Water Overlay, and Wetland Protection Overlay do not need to be located or delineated as required within this section. In such cases, the overlay zoning district and/or natural features, resources, and areas shall be located using any existing available data, such as Cumberland County GIS data, USGS topographical maps, and similar sources. If a specific applicable natural feature, resource, and area, or associated overlay zoning district is located within the two-hundred-fifty-foot distance, the specific applicable natural feature, resource, and area and associated overlay zoning district shall be delineated on the plan, to the extent to which it is located on the property.
D.
Steep slope protection overlay.
(1)
Purpose and intent. Natural (non-man-made) steep slopes and hillsides are unique areas. Natural (non-man-made) steep slope areas are fragile and susceptible to erosion, landslides, mudslides, degradation of their natural vegetation, and increased flooding using conventional development practices. By protecting these assets, Lemoyne Borough intends to:
(a)
Guide development away from natural (non-man-made) steep slope areas.
(b)
Minimize grading and other site preparation in natural (non-man-made) steep slope areas.
(c)
Provide safe means for ingress and egress while minimizing scarring from natural (non-man-made) steep slope and hillside construction.
(d)
Preserve the natural conditions in natural (non-man-made) steep slope areas.
(e)
Prevent flooding and the deteriorating effects of erosion to streams, watercourses, and drainage areas.
(2)
Establishment of steep slope protection overlay boundaries. The Steep Slope Protection Overlay shall consist of all land which has a 15% or greater natural (non-man-made) slope, as determined by a qualified professional land surveyor or professional engineer licensed and registered to practice in the Commonwealth of Pennsylvania to engage in the practice of land surveying and/or engineering, based on a field or aerial survey of the property.
(3)
Permitted uses. The following uses shall be allowed within the steep slope protection overlay to the extent that they are in compliance with the provisions of the applicable underlying or base zoning district and are not prohibited by any other Lemoyne Borough ordinance or regulation, and further provided that they do not require building(s), fill or storage of materials and equipment:
(a)
On slopes less than 24.99%, uses shall be regulated by the applicable underlying or base zoning district.
(b)
On slopes equal to or greater than 25%, the following uses shall be permitted, provided they are in compliance with the provision of the applicable underlying or base zoning district and are not prohibited elsewhere by this chapter or other Lemoyne Borough ordinances and regulations, and further provided they do not require or contain structures:
(5)
Disturbance limits.
(a)
Based upon the slope of the land, see Table 550-6-2, Steep Slopes and Permitted Area of Disturbance, providing disturbance limits that shall be the maximum area of such steep slopes that may be regraded and/or stripped of vegetation. Such percentages shall be based on the steep slopes contained on the entire lot or lots to be developed at the time of application for development (including subdivision/land development plans and/or zoning permits).
Table 550-6-2 Steep Slopes and Permitted Area of Disturbance | |
|---|---|
Slope Range | Maximum Disturbed Area |
15.0% to 17.99% | 50% |
18.0% to 24.99% | 25% |
25.0% + | 0% |
(b)
Grading or earthmoving on all steep slope areas shall not result in earth cuts and/or fills in which the highest vertical dimensions exceed 10 feet, except where no reasonable alternatives exist for construction of streets, drainage structures, and other improvements (whether public or private), in which case such vertical dimensions shall not exceed 20 feet. Finished slopes of all cuts and/or fills shall not exceed 33%, unless the applicant can demonstrate that steep slopes can be stabilized and maintained adequately. The landscape shall be preserved in its natural state to the maximum extent feasible.
(6)
Minimum lot area standards. No portion of a lot containing a slope equal to or greater than 25% shall count toward the minimum lot area required by the applicable underlying or base zoning district.
(7)
Minimum setbacks. No change in existing topography, which results in a slope greater than the predevelopment condition, may be located closer than 10 feet from any abutting lot line and street right-of-way line.
(8)
Design information. All applications for development shall include a detailed description of the methods proposed to be used for construction in areas containing slopes of 15% or greater to attain the following:
(a)
Protection and stabilization of areas that have a high potential for soil erosion.
(b)
Accommodate stormwater runoff/drainage.
(c)
Assure structural safety and minimize harm to the environment associated with development on steep slopes.
(d)
Protection and preservation of on-site and off-site valuable natural wildlife and/or plant habitats.
(e)
Protection and preservation of on-site and off-site water quality.
(f)
Protection of steep slopes on abutting properties.
(9)
Standards.
(a)
The Steep Slope Protection Overlay shall be established at the time of the submission of the application for development (including subdivision/land development plan and/or zoning permit).
(b)
In all subdivision and land development applications, the Steep Slope Protection Overlay and each slope range within the overlay zoning district shall be described by metes and bounds. A conservation easement covering the steep slope protection overlay shall be provided in accordance with Chapter 480 relating to subdivision and land development.
(c)
In all zoning permit applications, the Steep Slope Protection Overlay and each slope range within the overlay zoning district shall be shown on a drawing indicating the location and measurements of the overlay zoning district in accordance with the above standards.
E.
Stream protection overlay.
(1)
Purpose and intent. It is the intent of this overlay zoning district to preserve natural and man-made streams, creeks, watercourses, and the critical natural areas around them as important hydrological and environmental assets. These natural and man-made streams, creeks, watercourses, and the critical natural areas around them are considered to be some of Lemoyne Borough's most important natural resources, features and resources, as set forth in the most recent version of the Lemoyne Borough Comprehensive Plan.
(2)
Establishment of stream protection overlay boundaries.
(a)
The Stream Protection Overlay shall consist of all land and water areas in and around all streams, creeks, and watercourses (including intermittent streams and watercourses). The size and limits of the stream protection overlay shall be based on size and width of the streams, creeks, and watercourses, as well as the critical environmental features present in the areas surrounding the streams, creeks, and watercourses. The overlay zoning district shall be drawn to encompass all critical areas as described below.
(b)
Critical environmental features and areas to be included in the stream protection overlay. In addition to the streams, creeks, and watercourses, the following critical environmental features, resources and areas adjacent to such streams, creeks, and watercourses shall be included in the stream protection overlay:
[1]
All lands within 25 feet of the edge of the ordinary water line on each side of the stream, creek, and watercourse.
[2]
Alluvial soils located within 50 feet of the edge of the ordinary water line on each side of the stream, creek, and watercourse.
[3]
Springs located within 50 feet of the edge of the ordinary water line on each side of the stream, creek, and watercourse.
[4]
Slopes of 25% or greater located within 50 feet of the edge of the ordinary water line on each side of the stream, creek, or watercourse. In determining the limits and extent of these features, these slope areas shall extend to the uppermost edge of the area with 25% or greater slopes.
(3)
Permitted uses. The following uses shall be permitted in the Stream Protection Overlay, provided that they are in compliance with the provisions of the applicable underlying or base zoning district and are not prohibited by another Lemoyne Borough ordinance or regulation, and further provided that they do not require building(s), fill or storage of materials and equipment.
(a)
Common open space, nature preserves and wildlife sanctuaries, forest preserves, passive recreational and park areas, trails, greenways, and similar uses.
(b)
Fishing, swimming, boating, etc.
(c)
Boat-launching facilities, provided that parking areas and other uses associated with the boat launch are placed outside of the Surface Water Protection Overlay.
(d)
River-oriented uses.
(e)
Crops/gardening.
(f)
Municipal-owned uses.
(g)
Educational and scientific uses.
(h)
Essential services.
(i)
Stream bank and watershed improvements approved by the Cumberland County Conservation District and/or DEP.
(j)
Crossings by recreational trails, roads, railroads, sewer and water lines, and public utility transmission lines, provided that all necessary permits and approvals from federal, state, and local agencies are received and that required plantings are maintained to the maximum extent feasible.
(5)
Required vegetation. Within the Stream Protection Overlay, native species of trees, shrubs and ground cover must be provided and maintained for stream bank stabilization, soil stability and habitat for native animal species. Where adequate vegetation does not already exist, new plantings shall be provided.
(6)
Standards.
(a)
The Stream Protection Overlay shall be established at the time of the submission of the application for development (including subdivision/land development plan and/or zoning permit).
(b)
In all subdivision and land development applications, the Stream Protection Overlay and each slope range within the overlay zoning district shall be described by metes and bounds. A conservation easement covering the stream protection overlay shall be provided in accordance with Chapter 480 relating to subdivision and land development.
(c)
In all zoning permit applications, the stream protection overlay and each slope range within the overlay zoning district shall be shown on a drawing indicating the location and measurements of the overlay zoning district in accordance with the above standards.
F.
Surface water protection overlay.
(1)
Purpose and intent. Natural and man-made lakes and ponds and the natural areas around them are important hydrological and environmental assets. It is the intent of this Surface Water Protection Overlay to preserve these natural and man-made assets. By protecting these assets identified in the most recent version of the Lemoyne Borough Comprehensive Plan, Lemoyne Borough intends to:
(2)
Establishment of surface water protection overlay boundaries. The Surface Water Protection Overlay shall consist of all land and water areas in and around all natural and man-made lakes and ponds. The size and limits of the Surface Water Protection Overlay shall be based on size and width of the lakes and ponds as well as the area within 25 feet of the water's edge of all man-made and natural lakes or ponds under typical conditions. All natural and man-made lakes, ponds and established easement areas shall remain in permanent open space. Because these areas may relate to other hydrologic features, no development or diverting of these water bodies shall be permitted without proper approval from PA DEP.
(3)
Permitted uses. The following uses shall be allowed within the Surface Water Protection Overlay to the extent that they are in compliance with the provisions of the applicable underlying or base zoning district and are not prohibited by any other Lemoyne Borough ordinance or regulation, and further provided that they do not require building(s), fill or storage of materials and equipment:
(a)
Common open space, nature preserves and wildlife sanctuaries, forest preserves, passive recreational and park areas, trails, greenways, and similar uses.
(b)
Fishing, swimming, boating or hunting.
(c)
Boat-launching facilities, provided that parking areas and other uses associated with the boat launch are placed outside of the Surface Water Protection Overlay.
(d)
Crops/gardening.
(e)
Municipal-owned uses.
(f)
Educational and scientific uses.
(g)
Essential services.
(h)
Stream bank and watershed improvements approved by the Cumberland County Conservation District and/or DEP.
(i)
Crossings by recreational trails, roads, railroads, sewer and water lines, and public utility transmission lines, provided that all necessary permits and approvals from federal, state, and local agencies are received and that required plantings are maintained to the maximum extent feasible.
(4)
Prohibited uses. The following uses shall be prohibited within the Surface Water Protection Overlay:
(5)
Standards.
(a)
All lands identified within the Surface Water Protection Overlay shall contain no more than 15% impervious surface.
(b)
At least 70% of the Surface Water Protection Overlay shall, to the maximum extent feasible, remain and be preserved in its natural state as open space.
(c)
The Surface Water Protection Overlay shall be established at the time the submission of the application for development (subdivision/land development plans and/or zoning permits).
(d)
In all subdivision and land development applications, the Surface Water Protection Overlay shall be described by metes and bounds. A conservation easement on the plan covering the Surface Water Protection Overlay shall be provided in accordance with Chapter 480 relating to subdivision and land development.
(e)
In all zoning permit applications, the Surface Water Protection Overlay shall be shown on a drawing indicating the location and measurements of the overlay zoning district in accordance with the above standards.
G.
Wetland protection overlay.
(1)
Purpose and intent. Wetland areas are indispensable and fragile hydrological natural resources that provide:
(2)
Damaging or destroying wetlands threatens public safety and the general welfare Lemoyne Borough. By protecting these assets identified in the most recent version of the Lemoyne Borough Comprehensive Plan, Lemoyne Borough intends to:
(a)
Require planning to avoid and minimize damage of wetlands whenever prudent or feasible.
(b)
Require that activities not dependent upon wetlands be located to other upland sites.
(c)
Allow wetland losses only where all practical or legal measures have been applied to reduce these losses that are unavoidable and in the public interest.
(3)
Establishment of wetland protection overlay boundaries. The Wetland Protection Overlay shall apply to all lands in or within 25 feet of a nontidal wetland located within Lemoyne Borough. The Wetland Protection Overlay shall be based on a wetland investigation by the applicant. Wetland delineations shall be performed in accordance with the procedures of the PA DEP as specified in the Federal Manual for Identifying and Delineating Jurisdictional Wetlands and any subsequent amendments thereto. Wetland mitigation shall be permitted. Wetland mitigation shall be approved by the PA DEP. Wetlands proposed to be mitigated shall not be considered part of the Wetland Protection Overlay.
(4)
Review of wetland delineation. Where the applicant has provided a determination of the Wetland Protection Overlay, the Lemoyne Borough Engineer or qualified Lemoyne Borough consultant shall review, and may render adjustments to, the boundary delineation. In the event that the adjusted boundary delineation is contested, the applicant may appeal to the Zoning Hearing Board in accordance with Article XII of this chapter relating to Zoning Hearing Board.
(5)
Permitted uses. The following uses shall be allowed within the Wetland Protection Overlay to the extent that they are in compliance with the provisions of the applicable underlying or base zoning district and are not prohibited by any other Lemoyne Borough ordinance or regulation, provided that they do not require structures, fill or storage of materials and equipment, and provided that a permit is obtained from the PA DEP and the United States Army Corps of Engineers, if applicable:
(a)
Common open space, nature preserves and wildlife sanctuaries, forest preserves, passive recreational and park areas, trails, greenways, and similar uses.
(b)
Crops/gardening.
(c)
Municipal-owned uses.
(d)
Educational and scientific uses.
(e)
Essential services.
(f)
Crossings by recreational trails, roads, railroads, sewer and water lines, and public utility transmission lines, provided that all necessary permits and approvals from federal, state, and local agencies are received and that required plantings are maintained to the maximum extent feasible.
(7)
Standards.
(a)
The Wetland Protection Overlay shall be established at the time of the application for development (including subdivision/land development plan and zoning permit). The wetland delineations shall be performed in accordance with the procedures specified in the Federal Manual for Identifying and Delineating Jurisdictional Wetlands and any subsequent amendments thereto.
(b)
In all subdivision and land development applications, a wetland investigation shall be required in accordance with Chapter 480 relating to subdivision and land development. A conservation easement covering the Wetland Protection Overlay shall be provided in accordance with Chapter 480 relating to subdivision and land development. The Wetland Protection Overlay and conservation easement shall be described by metes and bounds, indicating the location and measurements of the overlay zoning district.
(c)
In all zoning permit applications, the Wetland Protection Overlay shall be shown on a drawing indicating the location and measurements of the overlay zoning district. (Wetland delineations shall be performed in accordance with the procedures specified in the Federal Manual for Identifying and Delineating Jurisdictional Wetlands and any subsequent amendments thereto.)