All uses, structures or vegetation pursued, built, modified or planted within the zones surrounding the Johnstown Cambria County Airport, as those zones are further defined herein, are subject to the height limitations and use restrictions contained in this Article XX. The requirements of this article are in addition to those contained in any other zone in which the existing or proposed use, property, structure or vegetation is located.
As used in this Article XX, the following terms shall have the meanings indicated unless the context otherwise requires:
AIRPORT
The Johnstown Cambria County Airport.
AIRPORT ELEVATION
The highest point of an airport's usable landing area measured in feet from sea level. For purposes of this article, airport elevation shall be 2,284 feet above sea level.
AIRPORT ZONES
All the land lying beneath the approach surfaces, transitional surfaces, horizontal surfaces and conical surfaces as they apply to the Johnstown Cambria County Airport. Such zones are shown on the Richland Township Zoning Map consisting of one sheet, prepared by CPS Surveys, Inc., and dated April, 1986, which is attached to this article and made a part hereof.[1] An area located in more than one of the following zones and/or in another zone established by this chapter 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. 
UTILITY RUNWAY VISUAL APPROACH ZONEThe inner edge of this approach zone coincides with 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 of 5,000 feet from the primary surface. Its center line is the continuation of the center line of the runway.
B. 
RUNWAY LARGER THAN UTILITY WITH A VISIBILITY MINIMUM AS LOW AS THREE-FOURTHS MILE NONPRECISION INSTRUMENT APPROACH ZONEThe inner edge of this approach zone coincides with the width of the primary surface and is 1,000 feet wide. The approach zone expands outward uniformly to a width of 4,000 feet at a horizontal distance of 10,000 feet from the primary surface. Its center line is the continuation of the center line of the runway.
C. 
PRECISION INSTRUMENT RUNWAY APPROACH ZONEThe inner edge of this approach zone coincides with the width of the primary surface and is 1,000 feet wide. The approach zone expands outward uniformly to a width of 16,000 feet to a horizontal distance of 50,000 feet from the primary surface. Its center line is a continuation of the center line of the runway.
D. 
RUNWAY LARGER THAN UTILITY WITH A VISIBILITY MINIMUM GREATER THAN THREE-FOURTHS MILE NONPRECISION INSTRUMENT APPROACH ZONEThe inner edge of this approach zone coincides with the width of the primary surface and is 500 feet wide. The approach zone expands outward uniformly to a width of 3,500 feet at a horizontal distance of 10,000 feet from the primary surface. Its center line is the continuation of the center line of the runway.
E. 
TRANSITIONAL ZONESThe transitional zones are the areas beneath the transitional surfaces.
F. 
HORIZONTAL ZONEThe horizontal zone is established by swinging arcs of 10,000 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.
G. 
CONICAL ZONEThe 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.
APPROACH SURFACE
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 zone height limitation slope set forth in § 240-120 of this article. The perimeter of the approach surface shall coincide with the perimeter of the approach zone.
APPROACH, TRANSITIONAL HORIZONTAL and CONICAL ZONES
These zones are set forth in § 240-120 of this article.
CONICAL SURFACE
A surface extending outward and upward from the periphery of the horizontal surface at a slope of 20 to 1 for a horizontal distance of 4,000 feet.
HAZARD to AIR NAVIGATION
An obstruction determined to have a substantial adverse affect on the safe and efficient utilization of the navigable air space.
HEIGHT
For the purposes of determining the height limits in all zones set forth in the article and shown on the Zoning Map, the datum shall mean sea level elevation unless otherwise specified.
HORIZONTAL SURFACE
A horizontal plan 150 feet above the established airport elevation, the perimeter of which plan coincides with the perimeter of the horizontal zone.
OBSTRUCTION
Any structure, growth or other object, including a mobile object, which exceeds the limiting height set forth in § 240-120 of this article.
PERSON
An individual, firm, partnership, corporation, company, association, joint-stock association or governmental entities; includes a trustee, a receiver, an assignee or a similar representative of any of them.
PRIMARY SURFACE
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 this primary surface is set forth in § 240-120 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.
RUNWAY
A defined area on an airport prepared for landing and takeoff of aircraft along its length. Types of runways are more specifically defined as follows:
A. 
LARGER THAN UTILITY RUNWAYA 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.
B. 
NONPRECISION INSTRUMENT RUNWAYA 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.
C. 
UTILITY RUNWAYA runway that is constructed for and intended to be used by propeller-driven aircraft of 12,500 pounds maximum gross weight and less.
D. 
VISUAL RUNWAYA runway intended solely for the operation of aircraft using visual approach procedures.
E. 
PRECISION INSTRUMENT RUNWAYA runway having an existing instrument approach procedure utilizing an instrument landing system (ILS). 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.
STRUCTURE
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.
TRANSITIONAL SURFACES
These surfaces extend outward at 90º angles to the runway center line and the runway center line extended at a slope of 7 feet horizontally for each foot vertically from the sides of the primary and approach surfaces 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 the distance of 5,000 feet measured horizontally from angles to the extended runway center line.
TREE
Any object of natural growth.
ZONING HEARING BOARD
The Richland Township Zoning Hearing Board.
[1]
Editor's Note: The Zoning Map is on file in the township 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. The height limitations for each of the zones are as follows:
A. 
Precision Instrument Runway Approach Zone. The height limitation slopes 50 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 10,000 feet along the extended runway center line; then the limitation slopes upward 40 feet horizontally for each foot vertically to an additional horizontal distance of 40,000 feet along the extended runway center line.
B. 
Runway Larger Than Utility With a Visibility Minimum Greater Than Three-Fourths Mile Nonprecision Instrument Approach Zone. The height limitation slopes 34 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 10,000 feet along the extended runway center line.
C. 
Utility Runway Visual Approach 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.
D. 
Runway Larger Than Utility With A Visibility Minimum As Low As Three-Fourths Mile Nonprecision Instrument Approach Zone. Slopes 34 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 10,000 feet along the extended runway center line.
E. 
Transitional Zones. The height limitation 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. In addition to the foregoing, there are established height limits sloping seven feet outward for each foot upward beginning at the sides of and at the same elevation as the approach surface and extending to where they intersect the conical surface. Where the precision instrument runway approach projects beyond the conical zone, there are established height limits sloping seven feet outward for each foot upward beginning at the sides of and at the same elevation as the approach surface and extending a horizontal distance of 5,000 feet measured at 90º angles to the extended runway center line.
F. 
Horizontal Zone. The height limitation is established at 150 feet above the airport elevation.
G. 
Conical Zone. The height limitation slopes 20 feet outward for each foot upward beginning at the periphery of the horizontal zone and to 150 feet above the airport elevation and extending to a height of 350 feet above the airport elevation.
H. 
Accepted 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 50 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 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 should 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 a 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 Township Supervisors 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 Johnstown Cambria County Airport Authority or any successor organization or corporation.
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 trees shall be planted in any zone hereby created unless zoning approval therefore shall have been applied for and granted. Each application for zoning approval shall meet the requirements of this article in addition to the requirements set forth in Article XV and shall indicate the purpose for which the zoning approval 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 zoning approval shall be granted. No zoning approval for use inconsistent with the provisions of this Article XX shall be granted unless a variance has been approved by the Zoning Hearing Board.
(a) 
In the area lying within the limits of the horizontal zone and conical zone, no permit shall be required for any tree less than 75 feet of vertical height above the ground except when, because of terrain, land contour or topographic features, such tree 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 zoning approval shall be required for any tree less than 75 feet of vertical height above the ground except when such tree 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 zone, no permit shall be required for any tree less than 75 feet of vertical height above the ground except when such tree, 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 height limits established by this article.
B. 
Existing uses. No zoning approval 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 zoning approval is made. Except as indicated, all applications for such zoning approval shall be granted.
C. 
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 by this article may apply to the Zoning Hearing Board for a variance from such regulations. Such variances shall be heard in accordance with the standards and procedures set forth in Article XVI of this chapter and may be allowed where it is duly found that a literal application or enforcement of the regulations will result in unnecessary hardship and that the 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 spirit of this article. Additionally, an application for variance from the requirements of this article may be referred by the Zoning Hearing Board to the Johnstown Cambria County Airport Authority or the Johnstown Cambria County Airport Manager for advice as to the aeronautical affects of the variance.
D. 
Obstruction, marking and lighting. When such action is deemed advisable to effectuate the purpose of this article and to be reasonable in the circumstances, a granted zoning approval or variance may be conditioned 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 Johnstown Cambria County Airport Authority, at its own expense, to install, operate and maintain the necessary markings and lights.
It shall be the duty of the Zoning Officer to administer and enforce the regulations prescribed herein. Application for permits and variances shall be made to the Zoning Officer in accordance with Article XV of this chapter.
Each violation of this article shall be punishable as set forth in Article XV of this chapter.
Where any of the regulations or limitation prescribed in this article are inconsistent or conflict with any other zoning regulations applicable to the same area, whether the conflict be with respect to the height of structures or trees, the use of land or any other matter, the more stringent limitation or requirement shall govern and prevail.