[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:
AIRPORT ELEVATION
The highest point of an airport's usable landing area measured in feet from sea level.
HORIZONTAL and CONICAL ZONES
These zones are set forth in § 300-165 of this article.
CONICAL SURFACE
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.
HAZARD TO AIR NAVIGATION
An obstruction determined to have a substantial adverse effect on the safe and efficient utilization of the navigable airspace.
HEIGHT
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.
HORIZONTAL SURFACE
A horizontal plane 150 feet above the established airport elevation, the perimeter of which in plan coincides with the perimeter of the horizontal zone.
NONCONFORMING USE
Any preexisting structure, object of natural growth or use of land which is inconsistent with the provisions of this article or an amendment thereto.
OBSTRUCTION
Any structure, growth or other object, including a mobile object, which exceeds a limiting height set forth in § 300-166 of this article.
PERSON
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.
PRIMARY SURFACE
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.
RUNWAY
A defined area on an airport prepared for landing and takeoff of aircraft along its length.
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.
TREE
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.