A.
Findings. This article recognizes that to prevent the creation or
establishment of airport hazards, state law requires every municipality
having an airport hazard area within its territorial limits to adopt,
administer and enforce airport
zoning regulations for such airport hazard area. These regulations
divide the area into zones and, within the zones, regulate the height
to which structures may be erected or objects of natural growth may
be allowed to grow.
B.
Purposes:
(2)
To recognize that an obstruction along an airport approach has the
potential for endangering lives and property, and that an obstruction
may affect approach minimums of an airport, and that an obstruction
may reduce the size of areas available for the landing, takeoff and
maneuvering of aircraft, thus tending to impair the utility of an
airport and the public investment therein.
(3)
To prevent the creation of obstructions that could be a hazard to
air transportation.
The following definitions shall apply for the purposes of this
article:
Any contrivance, except an unpowered hang glider or parachute,
used for manned ascent into or flight through the air.
Any other area of land or water which is used, or intended
to be used, for the landing and takeoff of aircraft, and any appurtenant
areas which are used, or intended to be used, for airport buildings
or air navigation facilities or rights-of-ways, together with all
airport buildings and facilities thereon. As used herein, the term
"airport" includes public airports but excludes private airports and
heliports. "Public airports" and "private airports" are defined separately
in this section.
The highest point of an airport's usable landing area,
measured in feet above sea level. The elevation of the Danville Airport
is 559 feet.
Any structure or object, natural or man-made, or use of land
which obstructs the airspace required for flight or aircraft in landing
or taking off at an airport or is otherwise hazardous as defined by
"airport hazard" in 74 Pa.C.S.A. § 5102.
Any area of land or water upon which an airport hazard might
be established, if not prevented, as provided for in this article
and Act 164 of 1984 (Pennsylvania laws relating to aviation).[1]
A surface longitudinally centered on the extended runway
center line, extending outward and upward from the end of the primary
surface and at the same slope as the approach surface zone height
limitation slope set forth in this article. In plan, the perimeter
of the approach surface coincides with the perimeter of the approach
surface zone.
These zones are set forth in 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.
Pennsylvania Department of Transportation.
Federal Aviation Administration of the United States Department
of Transportation.
For the purpose of determining the height limits on all AP
Airport Overlay District Zones set forth in this article and shown
on the Airport Zoning Map,[2] 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 surface zone.
A runway that is constructed for and intended to be used
by propeller-driven aircraft of greater than 12,500 pounds' maximum
gross weight and jet-powered aircraft.
A use, whether of land, of an object of natural growth, or
of a structure, which does not comply with the applicable use provisions
in this article, or amendment heretofore or hereafter enacted, where
such use was lawfully in existence prior to the enactment of this
article or amendment or prior to the application of this article or
amendment to its location by reason of annexation.
A runway having an existing instrument approach procedure
utilizing air navigation facilities with only horizontal guidance,
or area-type navigation equipment, for which a straight-in nonprecision
instrument approach procedure has been approved or planned.
Any structure, growth, or other object, including a mobile
object, which exceeds a limiting height set forth in this article.
An individual, firm, partnership, corporation, company, association,
joint-stock association, governmental entity, or other legal entity,
including a trustee, a receiver, an assignee, or a similar representative
of any of them.
A runway having an existing instrument approach procedure
utilizing an instrument landing system (ILS) or a precisions approach
radar (PAR). It also means a runway for which a precision approach
system is planned and is so indicated on an approved airport layout
plan or any other planning document.
A surface longitudinally centered on a runway. When the runway
has a specially prepared hard surface, the primary surface extends
200 feet beyond each end of that runway. For military runways or when
the runway has no specially prepared hard surface, or planned hard
surface, the primary surface ends at each end of that runway. The
width of the primary surface is set forth in 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.
An airport which is privately owned and which is not open
or intended to be open to the public as defined in 74 Pa.C.S.A. § 5102.
An airport which is either publicly or privately owned and
which is open to the public as defined in 74 Pa.C.S.A. § 5102.
A defined area on an airport prepared for landing and takeoff
of aircraft along its length.
Any man-made object having an ascertainable stationary location
on or in land or water, or being mobile, whether or not affixed to
the land, including, without limitation, buildings, towers, cranes,
smokestacks, earth formations and overhead transmission lines, but
not including trellises, birdbaths, mailboxes, and pole lights on
residential properties.
These surfaces extend outward at ninety-degree angles to
the runway center line and the runway center line extended at a slope
of seven feet horizontally for each foot vertically from the sides
of the primary and approach surfaces to where they intersect the horizontal
and conical surfaces. Transitional surfaces for those portions of
the precision approach surfaces, which project through and beyond
the limits of the conical surface, extend a distance of 5,000 feet
measured horizontally from the edge of the approach surface and at
ninety-degree angles to the extended runway center line.
An object of natural growth that may have a mature height
greater than 25 feet.
A runway that is constructed for and intended to be used
by propeller-driven aircraft of 12,500 pounds' maximum gross weight
or less.
A runway intended solely for the operation of aircraft using
visual approach procedures.
The AP Airport Overlay District, as provided on the Height Limitation
and Zoning District Map,[1] shall serve as an overlay to all of the applicable underlying
zoning districts. The Airport Overlay District regulations shall apply
in addition to the underlying district regulations. If the overlay
and underlying district regulations conflict regarding the same matter,
the regulation that is most restrictive upon use, height and development
shall apply.
[1]
Editor's Note: Said map is included at the end of this chapter.
There are hereby created and established certain zones which
include all of the land lying beneath the approach surfaces, transitional
surfaces, horizontal surfaces and conical surfaces as they apply to
an airport. Such zones are shown on the Height Limitation and Zoning
District Map prepared under the direction of the Pennsylvania Bureau
of Aviation, which is incorporated herein by reference and thereby
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 on
the Height Limitation and Zoning District Map, which may also be known
as the "Airport Zoning Map."
A.
Utility runway visual approach surface zone. The zone is established
beneath the visual approach surface. The inner edge of this approach
zone coincides with the width of the primary surface and is 250 feet
wide. The approach zone expands outward uniformly to a width of 1,250
feet at a horizontal distance 5,000 feet from the primary surface.
Its center line is the continuation of the center line of the runaway.
B.
Transitional surface zones. The transitional zones are established
beneath the transitional surfaces adjacent to each runway and approach
surface as indicated on the Height Limitation and Zoning District
Map.
C.
Horizontal surface zone. The horizontal zone is established beneath
the horizontal surface, 150 feet above the established airport elevation,
the perimeter of which is constructed 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 surface and
transitional surface zones.
D.
Conical surface zone. The conical zone is established beneath the
conical surface. This zone commences at the periphery of the horizontal
surface and extends outward therefrom a horizontal distance of 4,000
feet.
[1]
Editor's Note: Said map is included at the end of this chapter.
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 according to the Airport Zoning Map,[1] including but not limited to the following:
A.
Utility runway visual approach surface zone: slopes 20 feet outward
for each foot upward beginning at the end of and at the same elevation
as the primary surface and extending to a horizontal distance of 5,000
feet along the extended runway center line.
B.
Transitional surface zones: slopes seven feet outward for each foot
upward beginning at the sides of and at the same elevation as the
primary surface and the approach surface and extending to a height
of 150 feet above the airport elevation, which is 559 feet above mean
sea level (MSL).
C.
Horizontal surface zone: established at 150 feet above the established
airport elevation or at a height of 709 feet above the mean sea level
(MSL).
D.
Conical surface zone: slopes 20 feet outward for each foot upward
beginning at the periphery of the horizontal zone and at 150 feet
above the established airport elevation and extending to a height
of 350 feet above the airport elevation, or at a height of 909 feet
above mean sea level (MSL).
E.
Excepted height limitations. Nothing in this chapter shall be construed
as prohibiting the construction or maintenance of any structure or
growth of any tree to a height up to 40 feet above the surface of
the land or such lesser height as may be required by more restrictive
provisions of this chapter.
[1]
Editor's Note: Said map is included at the end of this chapter.
A.
Use restrictions. 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 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.
B.
Nonconforming uses.
(1)
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 any nonconforming use, except as provided in § 285-74 (relating to permits and variances). 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 executed.
(2)
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 or nearby of such markers and lights as shall
be deemed necessary by the Zoning Officer 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.
A.
Future uses.
(1)
Except as specifically provided in Subsection A(1)(a), (b) and (c) hereunder, no material change shall be made in the use of land, no structure shall be erected or otherwise established, and no tree 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 particularly 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 Subsection D.
(a)
In the area lying within the limits of the horizontal zone and
conical zone, no permit shall be required for any tree or structure
less than 75 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 limits prescribed for such
zones.
(b)
In 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 75 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.
(c)
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 75 feet of vertical height above
the ground, except when such tree or structure, because of terrain,
land contour, or topographic features, would extend above the height
limit prescribed for such transition zones.
(2)
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 article, 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.
B.
Existing uses. Before any nonconforming structure may be replaced,
substantially altered or rebuilt, or tree allowed to grow higher or
be replanted, a permit must be secured from the Borough authorizing
the replacement or change. 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.
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 this
article.
D.
Variance. Any person desiring to erect any structure or increase the height of any structure or permit the growth of any object of natural growth or otherwise use his property in violation of airport zoning regulations may apply for a variance from the zoning regulations in question pursuant to Article II. A variance shall only be granted after the requirements of § 285-16D(3) are satisfied. A variance may be allowed where a literal application or enforcement of the regulations would result in practical difficulty or unnecessary hardship, and the relief granted would not be contrary to the public interest but would do substantial justice and would be in accordance with the spirit of the regulations and this article. Any variance may be granted, subject to any reasonable conditions that the Zoning Hearing Board may deem necessary to effectuate the purposes of this article. Notwithstanding any other provision of law, if the Zoning Hearing Board decides to grant a permit or variance under this article, it shall notify the Department of Transportation of its decision. This notice shall be in writing and shall be sent so as to reach the Department at least 10 days before the date upon which the decision is to issue.
(1)
The application for variance 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. Additionally, no application for variance
to the requirements of this article may be considered by the Zoning
Hearing Board unless a copy of the application has been furnished
to the Airport Manager (or person of equivalent description) for advice
as to the aeronautical effects of the variance. If the Airport Manager
(or person of equivalent description) does not respond to the application
within 15 days after receipt, the Zoning Hearing Board may act without
such input to grant or deny said application.
E.
Hazard marking and lighting. In granting any permit or variance under
this section, the Zoning Hearing Board shall, if it deems the action
advisable to effectuate the purpose of this article and reasonable
under the circumstances, so condition the permit or variance as to
require the owner of the structure or object of natural growth in
question to permit the Borough, at its own expense, or require the
person or persons requesting the permit or variance to install, operate
and maintain thereon, at the owner's expense, such markers and
lights as may be required by guidelines or regulations adopted by
the FAA.
F.
Conflicts. In the event of conflict between any airport zoning regulations
adopted under 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, and
whether the other regulations were adopted by the municipality which
adopted the airport zoning regulations or be some other municipality
or otherwise, the more stringent limitation or requirement shall govern
and prevail.
The Zoning Hearing Board shall, in addition to the other powers
granted to it, have and exercise the following powers:
A.
To hear
and decide appeals from any order, requirement, decision, or determination
made by the Zoning Officer in the enforcement of this article;
B.
To hear
and decide special exceptions to the terms of this article, upon which
such Zoning Hearing Board may be required to pass; and
C.
To hear
and decide specific variances.
