[Added 9-12-2005 by Ord. No. 2005-12]
As used in this article, the following terms
shall have the meaning indicated unless the context otherwise requires:
The highest point of an airport's usable landing area measured
in feet from sea level.
These zones are set forth in § 300-165 of this article.
A surface extending outward and upward from the periphery
of the horizontal surface at a slope of 20:1 for a horizontal distance
of 4,000 feet.
An obstruction determined to have a substantial adverse effect
on the safe and efficient utilization of the navigable airspace.
For the purpose of determining the height limits in all zones
set forth in this article and shown on the Zoning Map, the datum shall
be mean sea level elevation unless otherwise specified.
A horizontal plane 150 feet above the established airport
elevation, the perimeter of which in plan coincides with the perimeter
of the horizontal zone.
Any preexisting structure, object of natural growth or use
of land which is inconsistent with the provisions of this article
or an amendment thereto.
Any structure, growth or other object, including a mobile object, which exceeds a limiting height set forth in § 300-166 of this article.
An individual, firm, partnership, corporation, company, association,
joint-stock association or governmental entity; includes a trustee,
a receiver, an assignee or a similar representative of any of them.
A surface longitudinally centered on a runway. The width of the primary surface extends 200 feet beyond each end of the runway. The width of the primary surface is set forth in § 300-165 of this article. The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway center line.
A defined area on an airport prepared for landing and takeoff
of aircraft along its length.
An object, including a mobile object, constructed or installed
by man, including but without limitation, buildings, towers, cranes,
smokestacks, earth formation and overhead transmission lines.
Any object of natural growth.
In order to carry out the provisions of this
article, there are hereby created and established certain zones within
the Borough of Chambersburg which include all of the land lying beneath
portions of the horizontal surfaces and conical surfaces as they apply
to Franklin County Regional Airport. Such zones are shown on the Airport
Hazard Overlay Zoning Map consisting of one sheet, prepared by Buchart-Horn,
Inc., titled "Airport Action Plan - Part 77 Surfaces Drawing, Project
No. 75648-50," dated June 2005 which is attached to this article and
made a part hereof.[1] An area located in more than one of the following zones
is considered to be only in the zone with the more restrictive height
limitation. The various zones are hereby established and defined as
follows:
A.
Horizontal zone. The horizontal zone is established
by swinging arcs of 5,000 feet radii from the center of each end of
the primary surface of each runway and connecting the adjacent arcs
by drawing lines tangent to those arcs. The horizontal zone does not
include the approach and transitional zones.
B.
Conical zone. The conical zone is established as the
area that commences at the periphery of the horizontal zone and extends
outward therefrom a horizontal distance of 4,000 feet.
[1]
Editor's Note: Said map is on file in the
Borough offices.
Except as otherwise provided in this article,
no structure shall be erected, altered or maintained, and no tree
shall be allowed to grow in any zone created by this article to a
height in excess of the applicable height limit herein established
for such zone. Such applicable height limitations are hereby established
for each of the zones in question as follows:
A.
Horizontal zone. Established at 150 feet above the
airport elevation or at a height of 837.5 feet above mean sea level.
B.
Conical zone. Slopes 20 feet outward for each foot
upward beginning at the periphery of the horizontal zone and at 150
feet above the airport elevation and extending to a height of 350
feet above the airport elevation.
C.
Excepted height limitations. Nothing in this article
shall be construed as prohibiting the construction or maintenance
of any structure or growth of any tree to a height up to 30 feet above
the surface of the land.
Notwithstanding any other provisions of this
article, no use may be made of land or water within any zone established
by this article in such a manner as to create electrical interference
with navigational signals or radio communication between the airport
and aircraft, make it difficult for pilots to distinguish between
airport lights and others, result in glare in the eyes of pilots using
the airport, impair visibility in the vicinity of the airport, create
bird strike hazards or otherwise in any way endanger or interfere
with the landing, takeoff or maneuvering of aircraft intending to
use the airport.
A.
Regulations not retroactive. The regulations prescribed
by this article shall not be construed to require the removal, lowering
or other change or alteration of any structure or tree not conforming
to the regulations as of the effective date of this article or otherwise
interfere with the continuance of nonconforming use. Nothing contained
herein shall require any change in the construction, alteration or
intended use of any structure, the construction or alteration of which
was begun prior to the effective date of this article, and is diligently
prosecuted.
B.
Marking and lighting. Notwithstanding the preceding
provision of this section, the owner of any existing nonconforming
structure or tree is hereby required to permit the installation, operation
and maintenance thereon of such markers and lights as shall be deemed
necessary by the Susquehanna Area Regional Airport Authority (SARAA)
to indicate to the operators of aircraft in the vicinity of the airport
the presence of such airport obstruction. Such markers and lights
shall be installed, operated and maintained at the expense of the
owner of the airport.
A.
Future uses. No material change shall be made in the use of land, no structure greater than 75 feet in vertical height above the ground shall be erected or otherwise established, and no tree greater than seventy-five feet in vertical height above the ground shall be planted in any zone hereby created unless a permit therefor shall have been applied for and granted. Each application for a permit shall indicate the purpose for which the permit is desired, with sufficient particularity to permit it to be determined whether the resulting use, structure or tree would conform to the regulations herein prescribed. If such determination is in the affirmative, the permit shall be granted. No permit for a use inconsistent with the provisions of this article shall be granted unless a variance has been approved in accordance with § 300-169D.
B.
Existing uses. No permit shall be granted that would
allow the establishment or creation of an obstruction or permit a
nonconforming use, structure or tree to become a greater hazard to
air navigation than it was on the effective date of this article or
any amendments thereto or than it is when the application for a permit
is made. Except as indicated, all applications for such a permit shall
be granted.
C.
Nonconforming uses abandoned or destroyed. Whenever
the Zoning Officer determines that a nonconforming tree or structure
has been abandoned or more than 80% torn down, physically deteriorated
or decayed, no permit shall be granted that would allow such structure
or tree to exceed the applicable height limit or otherwise deviate
from the zoning regulations.
D.
Variances. Any person desiring to erect or increase
the height of any structure or permit the growth of any tree or use
property, not in accordance with the regulations prescribed in this
article may apply to the Zoning Hearing Board for a variance from
such regulations. In addition to all other requirements established
by this chapter for the granting of a variance, the application for
variance under the article shall be accompanied by a determination
from the Federal Aviation Administration as to the effect of the proposal
on the operation of air navigation facilities and the safe, efficient
use of navigable airspace. Variances from provisions of this article,
in addition to the other requirements of this chapter, may be granted
if it is found that such variances will not be contrary to public
interest, will not create a hazard to air navigation, will do substantial
justice and will be in accordance with the spirit of this article.
Additionally, no application for a variance to the requirements of
this article will be considered by the Zoning Hearing Board unless
a copy of the application has been furnished to the owner of the airport
for advice as to the aeronautical effects of the variance. If the
owner of the airport does not respond to the application within 15
days after receipt, the Zoning Hearing Board may act on its own to
grant or deny said application.
E.
Obstruction marking and lighting. Any permit or variance
granted may, if such action is deemed advisable to effectuate the
purpose of this article and be reasonable in the circumstances, be
so conditioned as to require the owner of the structure or tree in
question to install, operate and maintain, at the owner's expense,
such markings and lights as may be necessary. If deemed proper by
the Zoning Hearing Board, this condition may be modified to require
the owner to permit the owner of the airport, at its own expense,
to install, operate and maintain the necessary markings and lights.
Where there exists a conflict between any of
the regulations or limitations prescribed in this article and any
other regulations applicable to the same area, whether the conflict
be with respect to the height of structures or trees, and the use
of land, or any other matter, the more stringent limitation or requirement
shall govern and prevail.
