Provide a framework for enabling legislation to aid in the creation of various overlay zoning districts, each with special regulations, requirements, and standards;

Provide a description of special regulations, requirements, and standards associated with each overlay zoning district; and

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.

This Part 6 of this chapter establishes overlay zoning districts that include additional specific regulations, requirements, and standards of limited application to certain designated areas within Wormleysburg Borough.

Overlay zoning districts provide additional considerations for development within specific designated areas of Wormleysburg Borough that are identified as possessing special and/or unique conditions, characteristics, circumstances and/or resources of importance, interest, and/or value to Wormleysburg 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 Part 1 of this chapter relating to purpose of enactment.

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.

Applications for development are subject to the provisions of both the applicable underlying or base zoning district and the overlay zoning district.

Although overlay zoning districts may be more or less restrictive than the applicable underlying or base zoning district, unless otherwise specified in this Part 6 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.

Erect a new structure;

Add to or increase the height of an existing structure;

Establish, erect, and/or maintain any use, structure, or object (natural or man-made) within the Airport Overlay Zoning District of Wormleysburg Borough.

Create an overlay zoning district that considers safety issues around the Capital City Airport (CXY) and Harrisburg International Airport (MDT);

Regulate and restrict the heights of established uses, constructed structures, and objects of natural growth;

Create appropriate related zones, establishing the boundaries thereof and providing for changes in the restrictions and boundaries of such zones; and

Create a permitting process for certain uses, structures, and objects within said related zones.

Approach Surface Zone.

Conical Surface Zone.

Horizontal Surface Zone.

Primary Surface Zone.

Transitional Surface Zone.

As regulated by Act 164 and defined by 14 Code of Federal Regulations Part 77.13(a) (as amended or replaced), proposals for applications to erect a new structure; add to or increase the height of an existing structure; or establish, erect, and/or maintain any use, structure, or object (natural or man-made), in the Airport Overlay Zoning District 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 Airport Overlay Zoning 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 6 of § 27-603 of this chapter.

Exceptions. In the following circumstances, notification of an approval by PennDOT's Bureau of Aviation (BOA) shall not be required:

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.

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 9 of § 27-603.

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 in this section.

Create electrical interference with navigational signals or radio communications between the airport and aircraft;

Make it difficult for pilots to distinguish between airport lights and others;

Impair visibility within the Airport Overlay Zoning District of Wormleysburg Borough;

Create bird strike hazards; or

Otherwise endanger or interfere with the landing, takeoff or maneuvering of aircraft utilizing the airport(s).

Protect and enhance the development patterns and characteristics of well established neighborhoods and other important character areas in Wormleysburg 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 FSTO building and development compatibility design guidelines and standards set forth in this section.

Address the purposes, objectives, and standards of Article VII-A of the MPC.[1]

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 Section 708-A of the MPC.[2]

These 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 Wormleysburg Borough.

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 Wormleysburg Borough, to ensure consistency and compatibility between new development, including new uses, replacement, infill, and redevelopment, and established building and development types, styles, and, patterns.

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 Wormleysburg Borough comprehensive plan, and/or other applicable plans adopted by Wormleysburg Borough for additional information.

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 Wormleysburg Borough comprehensive plan, and/or other applicable plans adopted by Wormleysburg 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.

Applications for Zoning and/or Building Permits.

FSTO Building and Development Compatibility Design Guidelines and Standards. Specific building and development compatibility design guidelines and standards shall apply to the following features:

If new development activity, specifically including but not limited to new uses, replacement, infill, and redevelopment in the FST Overlay Zoning District (FSTO) 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 Part 12 of this chapter relating to Zoning Hearing Board.

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, 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.

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:

Front Building Setback Graphic Examples.

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:

Side Building Graphic Examples.

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, 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.

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:

Building Height Graphic Examples.

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, 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.

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:

Building Orientation Graphic Examples.

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, 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.

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:

Building Facade Graphic Examples.

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, 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.

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:

Building Roof Graphic Examples

Modification of Existing or Formerly Residential Buildings.

Modification of Existing or Formerly Residential Building Graphic Examples.

Covered Front Porch Enclosure Graphic Examples.

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, 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.

For a lot proposed for development, the building footprint of the principal building shall be similar to the building footprint of existing principal buildings on abutting lots in accordance with the following standards:

Building Footprint Graphic Examples.

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:

Fire Escape Graphic Examples.

Where a lot proposed for development abuts an alley 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 alley 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.

For a lot proposed for development that does not abut an alley, or for a lot proposed for development that abuts an alley 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 Part 9 of this chapter relating to driveways and access drives and the standards below:

Lot Access and Parking Graphic Examples.

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.

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:

Residential Garage Location and Design Graphic Examples.

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:

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:

Nonresidential Uses within an Enclosed Building Graphic Examples.

To promote the retention of community character through preservation of the local heritage by recognition and protection of historic and cultural resources;

To mitigate the negative effects of proposed changes that will affect historic resources;

To encourage the continued use of historic resources and facilitate their appropriate reuse;

To encourage the preservation of historic settings and landscapes;

To discourage the demolition of historic resources; and

To implement the following sections of the MPC: Section 603(b)(5)[1] which states that zoning ordinances may permit, prohibit, regulate, restrict and determine protection and preservation of natural and historic resources..."; Section 603(g)(2)[2] which states that "zoning ordinances shall provide for protection of natural and historic features and resources"; Section 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 ..."; and Section 605(2)(vi)[4] whereby uses and structures at or near places having unique historical, architectural or patriotic interest or value may be regulated.

Criteria for Determination. These criteria are used to determine if a building, structure, object, site, or district is historic or not historic, thereby enabling appropriate classification on the local survey. A building, structure, object, site, or district is historic if it:

Historic Resources Classification.

General Requirement. Demolition, removal or relocation of an historic resource shall be regulated in accordance with this section. No historic resource shall be demolished, removed or otherwise relocated without a permit obtained under this provision except for emergency demolitions.

Application Procedures. All applications for demolition, removal or relocation of historic resources shall be referred by the Zoning Officer to the Wormleysburg Borough Council to hear and decide such request as a conditional use. The Wormleysburg Borough Council shall have the authority to permit or deny demolition, removal or relocation of the historic resource in accordance with the standards governing conditional use applications in accordance Part 12 of this chapter relating to conditional uses.

Criteria for Review. Applicants for a permit to demolish, remove, or relocate an historic resource 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 Wormleysburg Borough Planning Commission and the decision of the Wormleysburg 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, as well as any recommendations from any duly created historical commission.

Associated Land Development Plan. If the application for a permit for demolition, removal or relocation of an historic resource 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.

Predemolition Requirements. In those instances where an application for demolition is approved, the building(s) to be demolished shall be historically and photographically documented. The extent of the documentation will be determined by the Borough by the significance of the building(s). When documentation is complete, the building shall be dismantled and recycled to the maximum extent feasible.

Enforcement. In addition to the enforcement provisions found in Part 12 of this chapter to the Wormleysburg 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 Class I or Class II historic resource that was subsequently demolished, removed or relocated without obtaining a permit as provided for herein. In addition, the Wormleysburg Borough Council may take other appropriate legal action, which may include equitable and injunctive relief, to enforce the provisions of this section.