Township of Kilbuck, PA Supplementary Regulations

Vehicular and pedestrian access to any lot upon which a nonresidentially oriented use is proposed shall be from a public street.

Land uses.

In addition to all those uses permitted in the R-2 District under the Table of Permitted Uses and Special Exceptions, Chapter 215, Attachment 1, the following uses are permitted as of right in the Municipal and Fire Overlay:

Offices.

Medical/dental offices.

Day-care center (adult).

Photographic studio.

Beauty shop or barber shop.

Contractor headquarters, office, yard or storage facility, provided that all storage of equipment is indoors and that any shop or assembly work, or maintenance of vehicles, is performed indoors. No commercial vehicles shall be stored outdoors during nonbusiness hours.

Senior citizen center.

(h)

Landscape, nursery, greenhouse.

(i)

Household pet grooming service, not to include outdoor holding of pets.

The following restrictions apply:

In order to conserve the residential nature of the neighborhood in which the Municipal and Fire Overlay occurs, an hours of operation schedule defining business operating and/or customer visiting hours shall be submitted. At a maximum, hours shall be limited to 6:00 a.m. to 8:00 p.m. weekdays and 8:00 a.m. to 5:00 p.m. weekends (Saturday and Sunday).

Signage shall be limited to placement within the portion of the lot abutting the public street. No illuminated signage is permitted. No pole signs shall be permitted. Monument signs shall be permitted, limited to an area of eight square feet and a height of four feet.

Loudspeakers shall not be permitted which provide sound to the outdoor environment.

A parking and circulation plan shall be submitted to and approved by the Township Engineer which provides for safe and sufficient off-street parking and loading, with no backing out into the public street. In determining what is sufficient, the Engineer shall follow the off-street loading and parking requirements provisions of this chapter or, if the use in question is not listed, shall calculate parking on the basis of similar listed uses and other recognized generally accepted measurements of parking sufficiency.

Buffers.

A screen (buffer) planting shall be provided for any lot improvements other than those which are residential in nature. Such improvements include but are not limited to parking, signage and dumpsters.

Dumpsters/outdoor storage.

Outdoor storage shall not be permitted, unless the storage is completely enclosed by a sight-obscuring screen, masonry wall, wooden fence, compact evergreen hedge, or chain-link fence with evergreen vines at least eight feet in height.

Dumpsters shall not be placed on a lot where they are visible from any surrounding residential home.

Parking shall occur on the lot on which the use is located. Parking for nonresidential purposes shall not occur within a public right-of-way.

All lighting shall be shielded from adjacent residential lots and from all rights-of-way and shall comply with regulations of lighting and glare of this chapter. As a part of all development, the landowner and/or developer shall provide a plan for photometrics of the lot. Illumination, when measured at a lot line, shall be zero footcandles.

Noise and odors generated by said use shall not exceed the requirements of this chapter. All operations of equipment shall be from within the internal, enclosed portion of the structure. Equipment associated with any nonresidential activity on the lot shall not be operated within an accessory structure unless otherwise approved by the Township Board of Supervisors.

Development within the Municipal and Fire Overlay shall abide by all other Kilbuck Township guidelines and/or design standards, as applicable.

§ 215-18 Nonconforming uses.

The following provisions shall apply to all nonconforming uses and structures. It is the intention of the Township of Kilbuck that all legal nonconforming issues and structures shall be able to continue; however, all changes in such uses shall only be as allowed in this article:

Any nonconforming use may be continued but may not be extended, expanded or changed unless to a conforming use, except as permitted by the Board in accordance with the provisions of this chapter.

Any nonconforming building may be reconstructed and used as before, if such reconstruction is performed within 12 months of its discontinuance and covers no greater area and contains no greater cubic content.

In the event that any nonconforming use, conducted in a structure or otherwise, ceases for whatever reason for a period of one year, such nonconforming use shall not be resumed and further use shall be in conformity with the provisions of this chapter.

Nothing contained herein shall require any change on the overall layout plans, construction, size or designated use of any development, building, structure or part thereof for which official approval was necessary, where construction has been legally started before the enactment of this chapter, and completed within a one-year period.

Any structure or portion thereof declared unsafe by a proper authority shall be restored to a safe condition.

Once changed to a conforming use, no structure or land shall be permitted to revert to a nonconforming use.

Whenever the boundaries of a district shall be changed so as to transfer an area from one district to a district of a different classification, this article shall apply to any uses which thereby become nonconforming.

The nonconforming use of a building may be extended throughout those parts thereof which were manifestly arranged or designed for such use at the time of adoption of this chapter. A nonconforming building or structure may, with the approval of the Planning Commission and Township Supervisors, be extended, enlarged, or replaced if such structure meets the minimum yard coverage, setback, and height regulations of the district in which the structure is located and must meet all off-street parking and loading requirements of this chapter, if applicable.

§ 215-19 Existing lots of record.

Any lot of record existing at the effective date of this chapter in any district where single-family dwellings are permitted may be used for the erection of a single-family dwelling, residential garages, additions and accessory buildings, even though its area and width is less than the minimum requirements. Front, rear and side yards for existing lots of record shall not be less than the established yards prevailing in the area, but in no case shall side yards be less than three feet or rear yards less than five feet.

Where two or more adjacent lots of record with less than the required area and width are held by one owner, on or before the date of enactment of this chapter, the request for a permit shall be referred to the ZHB which shall require replotting to fewer lots, which would comply with the minimum requirements of this chapter.

§ 215-20 Application of yard requirements.

Lots which abut on more than one street shall provide the required front yard along every street.

All structures, whether attached to the principal structures or not, whether open or enclosed, including porches, carports, balconies or platforms above normal grade level, shall not project into any minimum front, side, or rear yard, except as noted in this chapter. Cornices, eaves, gutters, balconies, steps, stoops, bay windows, or chimneys may project into required spaces provided such projection is not more than 24 inches.

A wall or fence six feet or less in height may be erected along the sides or rear within the limits of any yard.

Wooden "stockade" style fences must be constructed with the finished side facing away from the principal structure.

Retaining walls and fences required for screening under this chapter are not subject to the six-foot height limitation.

No front yard fences, trees, bushes, or ornamental shrubbery over 36 inches in height or that obstruct visibility from driveways or any road shall be permitted.

Nonresidential buildings hereafter constructed, or uses hereafter established, shall not be located or constructed closer to any lot line, in or adjacent to any of the residential districts, than the distance specified in the following schedule:

	Use	Minimum Side or Rear Yard (feet)
	Off-street parking space and access drives for nonresidential uses	10
	All other nonresidential uses or structures	20

Location of any accessory building shall adhere to side yard requirements and shall be no less than five feet from any rear lot line.

§ 215-21 Temporary structures.

Temporary structures in conjunction with construction work shall be permitted only during the period that the construction work is in progress. Permits for temporary structures shall be issued for a six-month period.

§ 215-22 Basement structures.

Residing in basements or foundation structures before completion of the total structure shall not be permitted.

§ 215-23 Storage of rubbish or refuse.

No lot or premises shall be used as a garbage dump or dead-animal-rendering plant. No rubbish or refuse may be stored in the open within any district.

§ 215-24 Lot area measurement.

For purposes of measuring lot area on exceptionally deep lots, only that part of the depth which is less than six times the average width of the lot may be used in calculations.

§ 215-25 Swimming pools.

Swimming pools are permitted in accordance with the following requirements:

A swimming pool, which is owned and operated by private persons, firms, corporations, associations, charity, or other entity other than a municipality, department, authority or subdivision thereof, which persons, firms, corporations, associations, charity, or other entity is not organized for profit and for the enjoyment of which no individual admission charge is made, shall be subject to the terms and conditions of this chapter.

No swimming pool may be located within 20 feet of any property line.

The swimming pool shall be walled or fenced as to prevent uncontrolled access from the street or from an adjacent property and said fence shall not be less than four feet in height and shall be maintained in good condition. An aboveground pool that has a top edge four feet above the ground completely around the perimeter of the pool will not require an additional fence. Access to aboveground swimming pools is to be removed or locked when swimming pool is unattended.

Each swimming pool must provide minimum lighting of at least 400 watts.

Swimming pools shall be equipped with an adequate filtration system.

Each swimming pool shall require a zoning and occupancy permit.

Adequate screening shall be provided as required.

§ 215-26 Mobile home, camping or recreational equipment storage.

Trailers as defined within the terms of this chapter and including mobile homes, travel trailers, pickup coaches, motorized homes and boat trailers may be parked or stored subject to the following requirements:

At no time shall such parked or stored camping and recreation equipment (mobile homes excepted) be occupied or used for living, sleeping, or housekeeping purposes.

Mobile homes may be parked and occupied upon issuance of a temporary mobile home parking and occupancy permit.

The temporary mobile home parking and occupancy permit shall be limited to a maximum of one consecutive two-week period in any one calendar year.

Parking and storing of camping and recreational equipment shall be limited to the interior of automobile garages, other available on-lot accessory building or to that portion of the lot to the rear of the principal building.

All recreational vehicles parked on a residential lot shall have current registration and state inspection.

Recreational vehicles shall only be parked on property owned by the registered owner of the vehicle.

§ 215-27 Animals and poultry.

No citizen of the Township of Kilbuck may house and/or pasture any animals of the equine, bovine, sheep or goat family, hereafter referred to as “animal,” or poultry unless they comply with the following provisions:

The citizen must own or lease a minimum of five contiguous acres, at which his present residence is located, for the first and/or second adult animal, and two additional acres for each additional adult animal. Adult animals shall be all those other than issue of adult animals counted as part of total number of animals allowed. Such acreage must be unimproved and suitable for grazing. The citizen must own or lease a minimum of one contiguous acre for the keeping of poultry. A maximum number of 50 poultry may be kept.

The animals and/or poultry must be housed in a separate building, which complies with all terms and provisions of this chapter and the Pennsylvania Uniform Construction Code (UCC).[1] Buildings are to be maintained in a clean manner. No accumulation of manure over six cubic yards is permitted on the property except where it is spread on fields and plowed into soil within seven days. Manure accumulation may vary from November 1 to March 31. No animal manure storage is to be established closer than 100 feet to any property line, poultry manure storage no closer than 50 feet. Floor area shall be no less than 50 square feet for each animal of the equine and bovine family and 25 square feet for animals of other domesticated groups.[2]

Editor's Note: See Ch. 84, Construction Codes, Uniform.

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

The citizen must make application for the housing and/or pasturing of animals and poultry to the Zoning Officer who shall, if the citizen complies with the provisions of the chapter, issue an animal permit.

In the event the Zoning Officer grants the petitioner's request, the petitioner must take measures to prevent the animals and/or poultry from running at large by the use of a fence to be a minimum of four feet high. If the fence is adjacent to an existing residential property line, a repelling fence (electrically charged or barb wire) may not be used. The fence must be five feet from all public roads, alleys, and property lines. The fence must also comply with § 215-20C of this chapter.

No animal may be pastured in Kilbuck Township unless said pasture is enclosed on all sides by a fence.

Placement of animal and/or poultry shelter must meet or exceed these minimum distances from public roads, alleys, and all property lines:

Poultry: 50 feet.

Animal: 100 feet.

Minimum: 25 feet to rear of residence.

§ 215-28 Commercial equipment storage.

Commercial equipment, including trucks, one-ton capacity or larger, tandems, tractor-trailers, tractors, or other commercial or construction and cargo-moving vehicles or equipment, shall not under any conditions be stored or parked overnight in any residential district.

§ 215-29 Gasoline service stations and other drive-in uses.

No street entrance or exit for vehicles and no portion of equipment for such service station or other drive-in uses shall be located within the following:

Two hundred feet of a street entrance or exit of any school, park or playground conducted for and attended by children.

One hundred feet of any hospital, church or library.

Seventy-five feet of a lot in a residential district as established in this chapter.

No equipment above surface or ground for the service of motor vehicles shall be closer than 30 feet to any property line.

The width of any entrance driveway leading from the public street to such service station or other drive-in use shall not exceed 30 feet at its intersection with the curbline or edge of pavement.

No two driveways leading from a public street to such service station or other drive-in use shall be within 15 feet of each other at their intersection with the curb or street line.

Parking and vehicle access shall be so arranged that there will be no need for the motorists to back over sidewalks or onto streets.

§ 215-30 Motor vehicle repair garages.

All repairs must be conducted entirely within a building.

The exterior walls of the building must not be less than 100 feet from a residential district.

There shall be no dismantling or repairing outside of the building.

All discarded parts must be stored at the rear of the building and barricaded from sight by such fencing and/or shrubbery as shall be approved by the Kilbuck Township Building Inspector.

All discarded parts must be removed from the premises within 30 days.

Salvage parts must be stored inside the building.

§ 215-31 Motor vehicle sales.

All sales must be conducted entirely within a building or trailer with motor vehicles displayed on a lot owned or leased by the proprietor and abutting or surrounding the sales office.

Any motor vehicle requiring repair may be stored on the commercial lot for a period not exceeding 60 days.

§ 215-32 Individual mobile homes.

A mobile home shall be placed on a permanent foundation within 60 days of arrival on its lot. The foundation shall be at least four masonry piers set on concrete footers, with a continuous masonry peripheral wall. The bottom of the mobile home shall be securely tied to its foundation by over-the-top or built-in steel straps or cables sufficient to hold the mobile home to its foundation under high wind conditions. The spacing between the home's floor and the ground below shall be well ventilated and the continuous masonry wall maintained in good condition.

Before a mobile home can be occupied, the Zoning Officer shall inspect the premises and shall determine that the sewage disposal and water supply systems have been installed and are in working order before issuing an occupancy permit.

Before a mobile home is removed from its lot, the occupant shall present to the Zoning Officer receipts showing that all Township, county and school district taxes have been paid in full. When a mobile home has been removed, and a second mobile home shall not immediately replace it on the same foundation, the lot owner shall backfill the site to the original grade within 60 days after removal of the home.

Any mobile home brought into the Township after the effective date of this chapter shall display evidence that it complies with the National Manufactured Housing Construction and Safety Standards Act, and amendments thereto.

Any mobile home lawfully preexisting this chapter shall be continuously skirted by a solid weatherproof material with appropriate cross ventilation and maintained in good condition.

§ 215-33 Natural buffer (yard).

Where any R-2, R-3, C-1, or SUD District abuts an R-1, Conservation or Park and Open Space District, there shall be a one-hundred-foot undisturbed natural buffer from the property line to the nearest outside wall of the structure.

§ 215-34 Overlay district.

In addition to the zoning districts established in § 215-8 and delineated on the Zoning Map of Kilbuck Township, all areas containing or characterized as the following: floodplain, steep slope (25% or greater), landslide-prone areas, prime agricultural soils, or undermined areas with less than 100 feet of overburden, are established as an Overlay District in accordance with Section 605 of the Pennsylvania Municipalities Planning Code.[1] The location of the Overlay District is delineated on maps depicting floodplains, steep slopes, landslide-prone areas, prime agricultural soils, and undermined areas with less than 100 feet of overburden. These maps are adopted as part of the Zoning Map.

Accuracy of Overlay District. Overlay districts may not include all land or sites subject to the special features of the Overlay District; and not all land within the Overlay District may actually contain the regulated features.

Areas not included in the Overlay District. It is the intent of this section that the limitations in development which are imposed by the Overlay District regulations shall apply to all lots which include the regulated feature, whether or not the land is shown in the Overlay District. It shall be the responsibility of the developer to establish the presence or absence on the proposed site of all features subject to regulation in this section.

Interpretation of Overlay Districts. Initial interpretations of the boundaries of the Overlay District shall be made by the Zoning Officer. Should a dispute arise concerning the boundaries of the Overlay District, the Zoning Hearing Board shall make the necessary determination. The person questioning or contesting the location of the Overlay District boundary will have an opportunity to submit information from a qualified professional or other expert acceptable to the Township to demonstrate that the lot in question can be used in the manner proposed without violation of this amendment.

Application of Overlay District regulation. The regulations in this section apply to the use of lots and structures in the Overlay District. These restrictions shall be in addition to the regulations of the zoning district in which the lot is located.

Prohibited uses. The following uses are prohibited under all circumstances:

Any new or substantially improved structure which will be used for the production or storage of any of the following material or substances which will be used for any activity requiring the maintenance of a supply (more than 550 gallons or other comparable volume or any amount of radioactive substances) of any of the following materials or substances:

Acetone.

Ammonia.

Benzene.

Calcium carbide.

Carbon disulfide.

Celluloid.

Chlorine.

Hydrochloric acid.

Magnesium.

Nitric acid and oxides of nitrogen.

Phosphorus.

Potassium.

Sodium.

Sulfur and sulfur products.

(o)

Pesticides (including insecticides, fungicides, and rodenticides).

(p)

Radioactive substances, insofar as such substances are not otherwise regulated.

Construction that will alter the floodplain or cause the result of a flood to be worse.

Steep slopes. When building on a slope of 25% or more, the municipality must be notified in advance. Where the Zoning Officer has determined that the on-site soils are identified as potentially landslide-prone in the Soil Survey of Allegheny County, or in other studies and maps located in the Allegheny County Office of Economic Development, or the underlying geology of the site may be unstable, it will be considered evidence of potential site instability and a geotechnical report will be required to ensure the safety of any proposed disturbance. A geotechnical report may also be required if there is visible, physical evidence of site instability, such as soil creep, slumping, rock falls or landslides as determined by the municipality. Any disturbances of the land must comply with Chapter 115, Grading, of the Kilbuck Township Code.

Floodplain regulations. All uses, activities and development occurring within any floodplain district shall be undertaken only in strict compliance with the provisions of this chapter and with all other applicable codes and ordinances such as the Township Building Code[2] and Township Subdivision and Land Development Ordinance.[3] In addition, all such uses, activities and development shall be undertaken only in compliance with federal or state law including Section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.D. 133.

Under no circumstances shall any use, activity and/or development adversely affect the capacity of the channels or floodways of any watercourse, drainage ditch or any other drainage facility or system.

Prior to any proposed alteration or relocation of any stream, watercourse, etc., within the municipality, a permit shall be obtained from the Department of Environmental Protection, Dams and Waterways Management Bureau. Further, notification of the proposal by the Township shall be given to all affected adjacent municipalities. Copies of such notifications shall be forwarded to both the Federal Insurance Administration and the Department of Community and Economic Development.

Editor's Note: See Ch. 84, Construction Codes, Uniform.

Editor's Note: See Ch. 182, Subdivision and Land Development.

Editor's Note: See 53 P.S. § 10101 et seq.

§ 215-35 Communications towers and antennas.

The height regulations of this chapter may be increased provided that every yard is increased by one foot for each one foot of height above the maximum height. The communications towers shall not at any time exceed 200 feet. Equipment that is mounted or attached to the communications tower shall not exceed this two-hundred-foot maximum height.

Communications towers shall be erected within the minimum yard and building setback requirements of the C-1 Commercial District. Any guy anchor must meet the minimum yard and building setback requirements of the zoning district in which it is located.

Any applicant proposing construction of a new communications tower shall demonstrate that a good faith effort has been made to obtain permission to mount the communications antennas on an existing building, structure, or communications tower. A good faith effort shall require that all owners of potentially suitable structures within a 1/4 mile radius of the proposed tower site be contacted and that one or more of the following reasons for not selecting such structure apply:

The proposed antennas and related equipment would exceed the structural capacity of the existing structure and its reinforcement cannot be accomplished at a reasonable cost.

The proposed antennas and related equipment would cause radio frequency interference with other existing equipment for that existing structure and the interference cannot be prevented at a reasonable cost.

Such existing structures do not have adequate location, space, access or height to accommodate the proposed equipment or to allow it to perform its intended function.

Addition of the proposed antennas and related equipment would result in electromagnetic radiation from such structure exceeding applicable standards established by the Federal Communications Commission governing human exposure to electromagnetic radiation.

A commercially reasonable agreement could not be reached with the owners of such structures.

Communications towers shall be securely anchored in a fixed location on the ground, and plans submitted showing a cross section of the proposed structure, structural compliance with building codes documenting that the proposed structure meets or exceeds those standards, and documentary evidence from a professional engineer shall be provided that the proposed structure will withstand wind, storm, ice, lightning, and other natural forces. Additionally, documentation shall be provided by a professional engineer demonstrating that the communications tower is structurally capable of handling antennas, dishes and other equipment mounted or attached to the communications tower and what the maximum load limits are for the structure.

An annual inspection performed by a professional engineer and paid for by the owner of the communications tower shall be required for all communications towers. An annual inspection report shall be submitted to the Township of Kilbuck by June 1 of each calendar year.

An environmental impact statement shall be submitted with any application describing the effects of the proposed communications tower and related equipment will have on the environment and surrounding area, including, but not limited to effects on human health, scenic views, air traffic or other impacts as determined by the Zoning Officer.

All communications towers shall have a finish that reduces the visibility of the structure. Communications towers shall not have strobe lights or any illumination unless required by the Federal Aviation Administration.

The communications tower and all equipment shall be enclosed by a chain link fence 10 feet high with three strands of barbed wire constructed on the top of the chain link fence. The communications tower shall be shielded or guarded against climbing of unauthorized personnel. Access to the site shall be restricted and remained locked. The base of a communications tower shall be landscaped so as to screen the foundation and base and communications equipment building from abutting properties with a natural screening no higher than six feet. Structures related to the communications tower shall be equipped with a twenty-four-hour security system.

The communications tower and related equipment shall be promptly removed if the communications tower is not used for communications purposes for any continuous one-year period.

§ 215-36 Kennels.

No additional residential use may be established on land designated as a kennel.

The operator or owner of a kennel shall hold all current state and local licenses and permits for the location, activity and number of animals so specified.

Any exterior fenced area wherein animals exercise or are otherwise exposed must be located a minimum of 150 feet from any principal structure on adjacent lots.

The perimeter of the exterior exercise area must be fenced with the weatherproof material, a minimum of five feet in height, accessible only through a self-latching gate.

Any structure used to house animals shall be equipped with code-approved nontoxic noise-dampening material or acoustic tile.

No kennel may be established within 1/2 of a mile of an existing kennel.

§ 215-36.1 Companion animal resource center.

[Added 8-28-2012 by Ord. No. O-12-04]

The following requirements shall apply to companion animal resource centers and an application for a permit for such use shall specifically address compliance with each requirement:

A companion animal resource center shall be situated on a site consisting of at least 30 contiguous acres.

Signs and parking shall be limited and proscribed as provided in this chapter.

A companion animal resource center shall comply with all licensing laws of the Commonwealth of Pennsylvania that pertain to its activities and shall maintain all required licenses in full force and effect. The number of animals housed or kept on site at such facility shall comply with all statutes, laws, ordinances, regulations and other governmental directives that may be applicable thereto.

Animals may not be housed overnight in outdoor pens or cages and may only be housed inside walled kennel buildings of the type referred to in Subsection E of § 215-36, above.

The facility shall be staffed on a twenty-four-hour-per-day, seven-day-per-week basis.

Public access to and from a companion animal resource center shall only be directly from and to an arterial street (as such term is defined in § 182-7 of the Kilbuck Township Subdivision and Land Development Ordinance).

All kennel facilities and outside, off-leash exercise areas will comply with § 215-36, above, except that Subsection F thereof shall not apply to companion animal resource centers that otherwise comply with this § 215-36.1.

Buffer zones at least 150 feet in depth shall be maintained on the perimeters of the site which abut any properties owned by third parties. To the extent reasonably practical, the trees, foliage and other vegetation located in such buffer zones will be left in their natural, undeveloped state and no improvements shall be constructed in such buffer zones except that (i) walking trails and utility lines may be constructed in buffer zones and (ii) driveways may be constructed in buffer zones so long as they are at least 75 feet from property lines.

§ 215-37 Development in Special Use District.

A land development plan, as described in the Kilbuck Township Subdivision and Land Development Ordinance,[1] showing all lots and the potential use for each lot shall be prepared.

Editor's Note: See Ch. 182, Subdivision and Land Development.

In the case where development is projected over a period of years, the governing body or the planning agency may authorize submission of final plats by section or stages of developments subject to such requirements or guarantees as to improvements in future sections or stages of development as it finds essential for the protection of any finally approved section of the development.

Lot, yard and height requirements shall be as provided in the Table of Lot, Yard and Height Requirements.[2].

Editor's Note: The Table of Lot, Yard and Height Requirements is included at the end of this chapter.

Development in the Special Use District requires a traffic study to be performed as provided in § 215-40.

§ 215-38 Performance standards.

No use, land, or structure in any district shall involve any element or cause any condition that may be dangerous, injurious, or noxious to any other property or person in the Township. Furthermore, every use of land or structure in any district must observe the following performance requirements:

Fire protection. Fire-protection and -fighting equipment, acceptable to the Board of Fire Underwriters, shall be readily available when any activity involving the handling or storage of flammable or explosive material is carried on.

Electrical disturbances. No activity from any source shall cause electrical disturbances adversely affecting radio or other equipment in the neighboring area.

Noise. Noise which is determined to be objectionable because of volume or frequency from any source shall be muffled or otherwise controlled, except for fire sirens and related apparatus used solely for public purposes, which shall be exempt from this requirement.

Smoke. The maximum amount of smoke emission permissible from any source shall be determined by use of the Standard Ringelmann Chart issued by the United States Bureau of Mines. No smoke of a shade darker than No. 2 will be allowed.

Odors. In any district except the industrial district, no malodorous gas or matter from any source shall be permitted which is discernible on any adjoining lot or property. This shall not apply to any form of fertilizer in districts where agriculture is a permitted use.

(6)

Air pollution. No pollution of air by fly-ash, coal soot, dust, vapors, or other substances from any source shall be permitted which is harmful to health, or to animals, vegetation or other property.

(7)

Glare. Lighting devices which produce an objectionable direct or reflected glare in adjoining properties or thoroughfares shall not be permitted.

(8)

Erosion. No activity which would cause erosion by wind or water shall be permitted which will carry objectionable substances onto neighboring properties.

(9)

Water pollution. The method for discharging wastes to surface waters, public sewers, drains, or watercourses shall be acceptable under the provisions of the Pennsylvania Sewage Facilities Act (Act 537 of 1968),[1] as same may be amended from time to time.

Editor's Note: See 35 P.S. § 750.1 et seq.

In special exception cases involving performance standards, the ZHB may require a plan of the proposed construction or development, a description of machinery proposed, and specifications for the mechanisms and techniques to be used, and the Board may obtain qualified expert consultants to testify as to whether a proposed use will conform to the performance requirements. The cost of such services shall be borne by the applicant.

§ 215-39 Off-street loading and parking.

Off-street loading and parking spaces shall be provided in accordance with the specifications in this section, in all districts, whenever any new use is established or an existing one is enlarged.

Off-street loading.

Every use which requires the receipt or distribution, by vehicle, of material or merchandise shall provide off-street loading berths in accordance with the table which follows:

Off-Street Loading Requirements
Use	Square Feet of Floor Space	Required Off-Street Loading
Hotels/Offices	10,000 or more	1
Commercial	Up to 25,000	1
Hospitals (in addition to space for ambulance)	10,000 to 300,000	1
	For each additional 300,000	1 additional
Schools	15,000 or more	1
Wholesale, manufacturing or storage	25,000 to 40,000	2
	40,000 to 60,000	3
	60,000 to 100,000	4
	For each additional 50,000	1 additional

Each loading space shall not be less than 12 feet in width, 60 feet in length, and 14 feet in height, and so designed as not to encroach upon the public right-of-way.

Off-street parking.

Size and access. Each off-street parking space shall be not less than nine feet wide by 18 feet long. All spaces shall have a 90° orientation. A minimum twenty-five-foot aisle to accommodate two-way traffic shall also be provided. Except in the case of dwellings, no parking area shall contain less than three spaces. Parking areas shall be designed to provide sufficient turnaround area so that vehicles are not required to back onto major roads or collector or arterial roads. Where a lot does not abut on a public or private alley, or easement of access, there shall be provided an access drive that shall not be less than 10 feet wide. Access to off-street parking areas shall be limited to several well-defined locations, and in no case shall there be unrestricted access along the length of a street or alley.

Number of parking spaces required. The number of off-street parking spaces required is set forth in the list below. Where the use of the premises is not specifically mentioned, requirements for similar uses shall apply.

[Amended 12-20-2016 by Ord. No. O-16-02]

Off-Street Parking Space Requirements
Uses	Required Parking Spaces
Apartment houses	1.52 for each dwelling unit
Automobile sales/service garage	2.5 for each 1,000 square feet of gross floor area
Banks and offices	6.2 for each 1,000 square feet of gross floor area
Carwash	1 space for each 2 peak shift employees, plus queue space for vehicle count equal to 1 1/2 times the maximum hourly capacity of the facility
Church	0.68 per attendee
School	1 per classroom and other rooms used by students and/or faculty plus 0.25 per student over the driving age
Community/civic buildings and social halls	0.25 per person in permitted capacity
Clubs and lodges	0.25 per person in permitted capacity
Doctor/dentist offices	6.51 for each 1,000 square feet.
Single-family dwellings	2 for each dwelling unit
Duplexes	2 for each dwelling unit
Townhouses	2 for each dwelling unit
Quadruplex	2 for each dwelling unit
Bed-and-breakfast homestead	1 per unit/room plus 2 for owners/manager
Nursing homes	0.33 per resident
Individual mobile homes	2 for each dwelling unit
Food supermarkets	5.61 for each 1,000 square feet of gross floor area
Furniture/appliance store	4.61 for each 1,000 square feet of gross floor area
Industrial/manufacturing establishments	2.67 for each 1,000 square feet
Medical marijuana dispensary	3.3 required parking spaces for each 1,000 square feet of gross floor area
Medical marijuana grower/processor	2.6 required parking spaces for each 1,000 square feet of gross floor space
Restaurants/taverns or night clubs	0.67 for each 1,000 square feet
Retail stores and shops	3.3 for each 1,000 square feet of gross floor area
Bowling alley	1 per 3 persons permitted capacity
Motion-picture theaters
Single screen	1 per every 2 seats
Up to 5 screens	1 per every 3 seats
Over 5 screens	1 per 3.5 seats
Service station	3 for each service bay
Source: Transportation Planning Handbook, Second Edition, 1999

Handicap parking space requirements.

The following requirements for handicap-accessible parking shall be observed:

	Total Parking Spaces in Lot	Required Minimum Number of Spaces
	1 to 25	1
	26 to 50	2
	51 to 75	3
	76 to 100	4
	101 to 150	5
	151 to 200	6
	201 to 300	7
	301 to 400	8
	401 to 500	9
	501 to 1,000	2% of total
	1,001 and over	20 plus 1 for each 100 over 1,000

Source: Federal register/Vol. 56, No 144/Friday, July 26, 1991/Rules and Regulations

One in every eight accessible spaces, but no less than one, shall be served by an access aisle 96 inches wide minimum and shall be designated "van accessible."

Location of parking areas. Required parking spaces shall be located in the same lot with the principal use. The ZHB, in special exception cases, may permit parking spaces to be located not more than 200 feet from the lot of the principal use, if located in the same zoning district as the principal use, and the Board finds that it is impractical to provide parking on the same lot with the principal use.

Screening and landscaping. Off-street parking areas for more than five vehicles, and off-street loading areas, shall be effectively screened on each side which adjoins or faces any residential district. (See definition of "screening.")

Minimum distance and setbacks. No off-street loading or parking area for more than five vehicles shall be closer than 10 feet to any adjoining property containing a dwelling, school, hospital, or similar institution.

Surfacing. With the exception of dwellings, all parking and loading areas and access drives shall be paved or graded and drained to dispose of all surface water, and designed to provide for orderly and safe loading and parking in accordance with the regulations of the Commonwealth of Pennsylvania.

Lighting. Any lighting used to illuminate off-street parking or loading areas shall be arranged so as to reflect the light away from the adjoining premises of any residential district, and away from roads or highways.

§ 215-40 Traffic requirements.

A complete traffic analysis prepared, signed and sealed by a professional traffic engineer identifying the impact of the proposed development on existing traffic and circulation patterns and proposing solutions to problems which may arise as a consequence of said proposed development (all substantially in the form of the Pennsylvania Department of Transportation's current Appendix A, "Guidelines for Preparation of a Traffic Impact Study").

Traffic impact study. These regulations represent the minimum requirements and standards for preparation of a traffic impact study satisfying the reporting requirements of the Township for any development, subdivision, expansion or change in use within the Township. Also specified are the traffic level-of-service standards and minimum requirements which must be satisfied for future development impacts.

Traffic impact study requirements. Any development, subdivision, expansion, or change in use which will generate, on average, 1,000 or more vehicle trips per day, or 75 or more additional trips during the adjacent roadways' peak hours, shall be required to have a traffic impact study completed as part of the development. The estimated number of trips shall be determined by an analysis of similar uses through data collected by the Institute of Transportation Engineers or through studies of similar uses acceptable to the Township. When a traffic study is prepared for a subdivision that does not propose development of the lots, the traffic study must be updated at the time of land development to address the specific type and size of development. Kilbuck Township may require a traffic study for developments or changes in use generating fewer than 75 additional trips during peak hours in cases where known traffic deficiencies exist in the area of the proposed development or change in use. The Township may waive the traffic impact study requirement for an individual subdivision or development or change in use, if such development or change in use was incorporated as part of a previous traffic impact study or studies by the Township or other government agencies.

Traffic impact study contents and scope. Kilbuck Township will provide a scope of study specifying the study area, intersections and any special requirements. Prior to initiation of the study, a meeting shall be held to review the scope of work. PennDOT may be invited to the meeting when appropriate. The study shall include the following:

Description of the proposed project in terms of land use and magnitude.

An inventory and analysis of existing roadway and traffic conditions in the site environs including:

Roadway network and traffic control.

Existing traffic volumes in terms of peak hours and average daily traffic (ADT), where specifically requested.

Planned roadway improvements by others.

[4]

Intersection levels of service.

[5]

Roadway levels of service (where requested).

[6]

Other measures of roadway adequacy; i.e., lane widths, traffic signal warrants and vehicle delay studies.

Projected site-generated traffic volumes in terms of:

Peak hours and ADT (by phase if required).

Approach/departure distribution including method of determination. This must be approved prior to performing future traffic analyses.

Site traffic volumes in roadway.

An analysis of future traffic conditions, with and without the proposed development, including:

Future design year, or years with phasing, combined traffic volumes (site traffic plus future roadway traffic). If the study is required for PennDOT review, the future design year shall be consistent with PennDOT requirements.

Intersection levels of service.

Roadway levels of service (where appropriate).

[4]

A pavement analysis of roadways which are projected to experience significant increases in ADT volumes (where appropriate).

[5]

Other measures of roadway adequacy, i.e., lane-width; traffic signal warrants and vehicle delay studies.

A description of future levels of service and their compliance with standards for traffic capacity of streets, intersections and driveways.

A description and analysis of the proposed access plan and site plan.

On-site circulation plan showing parking locations and dimension, loading access, circulation roadway and traffic control.

Driveway access plan showing location of driveways and new intersections including geometric conditions and traffic control.

A qualitative analysis of transportation demand management measures including transit, pedestrian and bicycles, as well as telecommuting, flextime, ridesharing, etc.

Standards for traffic capacity and access. New or modified streets and intersections shall be designed for adequate traffic capacity defined as follows, unless otherwise approved by the Municipal Engineer. All reference to levels of service (LOS) shall be as defined in the Highway Capacity Manual, Special Report 209, published by the Transportation Research Board.

Traffic capacity LOS shall be based upon a future design year which coincides with completion of the development and PennDOT requirements.

New unsignalized intersections or driveways which intersect streets shall be designed for LOS C or better for each traffic movement.

New or modified (additional approach created) signalized intersections shall be designed for LOS C or better.

Existing intersections impacted by development traffic shall maintain a minimum LOS D.

Streets shall be designed for a minimum LOS C.

Sight distance at driveways and new intersections shall meet standards specified by PennDOT regulations.

§ 215-41 Signs.

General provisions. No sign shall be permitted in any district except as hereinafter provided:

In any district, a sign not exceeding two square feet in surface size is permitted which announces the name, address, or professional activity of the occupant of the premises on which said sign is located. No zoning certificate or fee shall be required.

A bulletin board not exceeding 15 square feet is permitted in connection with any church, school or other public or semipublic structures.

A temporary real estate or construction sign not exceeding 25 square feet in area is permitted in the property being sold, leased, or developed. Such sign shall be removed within 30 days of its function being fulfilled.

Signs advertising candidacy for political office shall be permitted to be displayed in any district, provided that permission is granted by the owner of the property on which it shall be displayed under the following conditions:

Signs shall be no larger than six square feet in size, can be erected no sooner than four weeks prior to the primary or general election and shall be removed within 10 days after the primary or general election.

Such signs shall not be erected in the public right-of-way.

Signs shall be permitted in connection with any commercial activity when located on the same premises, and if they meet the following requirements:

Signs shall not contain information or advertising for any product not sold on the premises.

Each business shall be permitted one wall sign. Projections of wall signs shall not exceed two feet measured from the face of the main wall of the building.

Signs shall not have a combined aggregate surface size greater than one square foot for each foot of width of the principal structure on the premises.

Freestanding pole signs not over 25 feet in height, having a maximum total sign area of 100 square feet or 50 square feet for a two-sided sign or 25 square feet for a four-sided sign, and located not closer than 10 feet to any street right-of-way line and not closer than 100 feet to any adjoining lot line, may be erected to serve a group of business establishments.

(6)

Advertising structures, where permitted, shall be set back from the established right-of-way line of any street or highway at least as far as the required front yard depth for a principal use in such district except for the following modifications:

For every square foot by which such sign or outdoor advertising structure exceeds 80 square feet, such setback shall be increased by 1/2 foot but need not exceed 100 feet.

At the intersection of any state or federal highway with a major or secondary street, the setback of any sign or outdoor advertising structure shall not be less than 100 feet from the established right-of-way of each highway or street unless the sign is high enough to permit full unobstructed sight distance in all directions.

Real estate signs and bulletin boards for a church, school, or other public or semipublic, religious or educational institution may be erected within 10 feet of the established right-of-way line of any street or highway provided such sign or bulletin board does not obstruct traffic visibility at any street or highway intersection.

Illumination. The following provisions shall be observed in the illumination of signs and advertising structures:

All signs and advertising structures, except as hereinafter modified, may be illuminated internally or by reflected light provided the source of light is not directly visible and is so arranged as to reflect away from the adjoining premises and provided that such illumination shall not be so placed as to cause confusion or a hazard to traffic or conflict with traffic control signs or lights.

No illumination involving movement or causing the illusion of movements by reason of the lighting arrangement or other devices shall be permitted.

Signs exempt from regulation under this chapter:

Any public notice or warning required by a valid and applicable federal, state, or local law, regulation, or ordinance.

Any sign inside a building, not attached to a window or door, that is not legible from a distance of more than three feet beyond the lot line of the zone lot or parcel on which such sign is located.

Works of art that do not include a commercial message.

Holiday lights and decorations with no commercial message, but only between October 31 and January 31.

Traffic control or incidental signs on private property, such as “Stop,” “Yield,” and similar signs, the face of which meet Department of Transportation standards and which contain no commercial message of any sort.

(6)

Emergency warning signs erected by governmental agency, a public utility company, or a contractor doing authorized or permitted work within the public right-of-way.

Sign permits.

One permit is good for the life of the sign.

Any changes made to an existing sign, even if already permitted, require a new sign permit.

All signs currently in use are permitted under this chapter; however, any modifications to the signs require the filing of a sign permit, and must be in conformance with this chapter.

Each application for a sign permit shall be accompanied by a drawing showing the design proposed and the size, character, and color of letters, lines, and symbols and the method of illumination and the exact location of the sign in relation to the building and property, and details and specifications for construction. A fee as set from time to time by resolution of the Board of Supervisors shall accompany each application for a sign permit.

Billboards. Billboards shall be permitted only in the C-1 Zoning District, as a special exception, subject to the standards and criteria set forth at § 215-16H.

[Added 8-28-2012 by Ord. No. O-12-03]

§ 215-42 Sexually oriented business permits.

General.

No sexually oriented business shall be in operation without an approved permit.

An application for a permit to operate a sexually oriented business must be made on a form provided by the Zoning Officer of the Township. The application must be accompanied by a sketch or diagram showing the floor plan and plot plan configuration of the premises, including a statement of total floor space occupied by the business. The sketch or diagram need not be professionally prepared but must be drawn to a designated scale or drawn marked with dimensions of the interior of the premises to any accuracy of plus or minus six inches.

The applicant must be qualified according to the provisions of this chapter and the premises must be inspected and found to be in compliance with the law by the Zoning Officer and the Fire Marshal.

If a person who wishes to operate a sexually oriented business is an individual, he must sign the application for a permit as applicant. If a person who wishes to operate a sexually oriented business is other than an individual, each individual who has 10% or greater interest in the business must sign the application for a permit as an applicant. If a corporation is listed as owner of a sexually oriented business or as the entity which wishes to operate such a business, each individual having a direct or indirect interest of 10% or greater in the corporation must sign the application for a permit as applicant.

The fact that a person possesses another type of Township permit does not exempt the person from the requirement of obtaining a sexually oriented business permit.

Issuance of permit.

The Township Zoning Officer shall approve the issuance of a permit to an applicant within 30 days after receipt of an application unless he finds one or more of the following to be true:

An applicant is under the age of 18.

An applicant is overdue in his/her payment to the Township of taxes, fees, fines or penalties assessed against him or imposed upon him in relation to a sexually oriented business.

An applicant has failed to provide information reasonably necessary for issuance of the permit or has falsely answered a question or request for information on the application form.

The premises to be used for the sexually oriented business have been reviewed and have been disapproved by either the Zoning Officer or the Fire Marshal as not being in compliance with the applicable laws and ordinances.

The permit fee required by this chapter has not been paid.

An applicant of the proposed establishment is in violation of or is not in compliance with any of the provisions of this chapter.

An individual applicant or any individual holding a direct or indirect interest of more than 10% of a corporate applicant, or any of the officers and directors of a corporate applicant, if the applicant is a corporation, or any of the partners, including limited partners, if the applicant is a partnership, or the manager or other person in charge of the operation of the applicant's business, has or have been convicted of an offense in any jurisdiction other than the Commonwealth of Pennsylvania that would have constituted an offense involving sexual misconduct if committed within the Commonwealth of Pennsylvania. In order for approval to be denied pursuant to this subsection, the person's or persons' convictions or release in connection with the sexual misconduct offense must have occurred within two years of the date of application in the event of a misdemeanor and within five years of the date of application in the event of a felony.

The permit, if granted, shall state on its face the name of the person or persons to whom it is granted, the expiration date, and the address of the sexually oriented business. The permit shall be posted in a conspicuous place at or near the entrance to the sexually oriented business so that it may be easily read at any time.

The Zoning Officer and Fire Marshal shall complete their certification that the premises are in compliance or not in compliance within 20 days of receipt of the application by the Zoning Officer. The certification shall be promptly presented to the Zoning Officer.

Fees. The annual fee for a sexually oriented business permit shall be as set from time to time by resolution of the Board of Supervisors.

Inspection.

An applicant, or permittee, shall permit representatives of the Police Department, Fire Marshal, Zoning Officer, or other Township departments or agencies to inspect the premises of a sexually oriented business for the purpose of insuring compliance with the law, at any time that the sexually oriented business is occupied or open for business.

If the Township Zoning Officer denies renewal of a license, the applicant shall not be issued a permit for one year from the date of denial, except that, after 90 days have elapsed since the date of denial, the applicant may be granted a permit if the Zoning Officer finds that the basis for denial of the renewal permit has been corrected or abated.

Suspension of permit. The Zoning Officer shall suspend a permit for a period not to exceed 30 days if he determines that a permittee or employee of a permittee has:

Violated or is not in compliance with any section of this chapter.

Engaged in excessive use of alcoholic beverages while on the sexually oriented business premises.

Refused to allow inspection of the sexually oriented business premises as authorized by this chapter.

Knowingly permitted gambling by any person on the sexually oriented business premises.

Revocation of permit.

The Zoning Officer shall revoke a permit if a cause of suspension set forth in Subsection E occurs and the permit has been suspended within the preceding 12 months.

The Zoning Officer shall revoke a permit if he/she determines that:

A permittee, or any of the persons specified in Subsection B, is or has been convicted of the offenses specified in this Subsection F;

A permittee gave false or misleading information in the material submitted to the Township during the application process;

A permittee or an employee of a permittee has knowingly allowed possession, use, or sale of controlled substances on the premises;

A permittee or an employee of a permittee has knowingly allowed prostitution on the premises;

A permittee or an employee of the permittee knowingly operated the sexually oriented business during a period of time when the permittee's permit was suspended;

A permittee or an employee of a permittee has knowingly allowed any act of prostitution to occur in or on the permitted premises;

A permittee is delinquent in payment to the Township or state of any taxes or fees related to sexually oriented businesses.

When the Zoning Officer revokes a permit, the revocation shall continue for one year, and the premises shall not be issued a sexually oriented business permit for one year from the date the revocation became effective, except that if the revocation is pursuant to Subsection F(2) above, the revocation shall be effective for two years in the event of a misdemeanor or five years in the case of a felony.

After denial of an application, or denial of a renewal of an application, or suspension or revocation of a permit, the applicant or licensee or permittee shall have the right to appeal said action and to seek prompt judicial review of such administrative action in any court of competent jurisdiction.

Transfer of permit. A permittee shall not transfer his permit to another person. A permittee shall not operate a sexually oriented business under the authority of a permit at any place other than the address designated in the application.

Exemptions.

It is a defense to prosecution under this chapter that a person appearing in a state of nudity did so in a modeling class operated:

By a proprietary school licensed by the Commonwealth of Pennsylvania, or a college, junior college or university supported entirely or partly by taxation;

By a private college or university which maintains and operates educational programs in which credits are transferable to a college, junior college or university supported entirely or partly by taxation; or

In a structure:

Which has no sign visible from the exterior of the structure and no other advertising that indicates a nude person is available for viewing; and

Where, in order to participate in a class, a student must enroll at least three days in advance of the class; and

HORIZONTAL SURFACE (ZONE)

Where no more than one nude model is on the premises at any one time.

Injunctions. A person who operates or causes to be operated a sexually oriented business without a valid permit or in violation of this chapter is subject to an action in equity suit for injunction.

§ 215-42.1 Airport zoning.

[Added 2-28-2012 by Ord. No. O-12-02]

Purpose. The purpose of this section is to create airport zoning height regulations with respect to the Pittsburgh International Airport.

Definitions. The following words and phrases when used in this section shall have the meanings given to them in this section unless the context clearly indicates otherwise.

AIRPORT ELEVATION

The highest point of an airport's useable landing area measured in feet above sea level. The airport elevation of the Pittsburgh International Airport is 1,204 feet above mean sea level.

AIRPORT HAZARD

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 in 14 CFR Part 77 and 74 Pa.C.S.A. § 5102.

AIRPORT HAZARD AREA

Any area of land or water upon which an airport hazard might be established if not prevented as provided for in this section and the Act 164 of 1984 (Pennsylvania Laws Relating to Aviation).

APPROACH SURFACE (ZONE)

An imaginary surface longitudinally centered on the extended runway centerline and extending outward and upward from each end of the primary surface. An approach surface is applied to each end of the runway based on the planned approach. The inner edge of the approach surface is the same width as the primary surface and expands uniformly depending on the planned approach. The approach surface zone, as shown on Figure 1,[1] is derived from the approach surface.

CONICAL SURFACE (ZONE)

An imaginary surface extending outward and upward from the periphery of the horizontal surface at a slope of 20 feet horizontally to one foot vertically for a horizontal distance of 4,000 feet. The conical surface zone, as shown on Figure 1, is based on the conical surface.

DEPARTMENT

Pennsylvania Department of Transportation.

FAA

Federal Aviation Administration of the United States Department of Transportation.

HEIGHT

For the purpose of determining the height limits in all zones set forth in this section, the datum shall be mean sea level elevation unless otherwise specified.

An imaginary plane 150 feet above the established airport elevation that is constructed by swinging arcs of various radii from the center of the end of the primary surface and then connecting the adjacent arc by tangent lines. The radius of each arc is based on the planned approach. The horizontal surface zone, as shown on Figure 1, is derived from the horizontal surface.

LARGER THAN UTILITY RUNWAY

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.

NON-PRECISION INSTRUMENT RUNWAY

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 non-precision instrument approach procedure has been approved or planned.

NONCONFORMING USE

Any preexisting structure, object of natural growth, or use of land which is inconsistent with the provisions of this section or an amendment thereto.

OBSTRUCTION

Any structure, growth, or other object, including a mobile object, which exceeds a limiting height set forth by this section.

PRECISION INSTRUMENT RUNWAY

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.

PRIMARY SURFACE (ZONE)

An imaginary surface longitudinally centered on the runway, extending 200 feet beyond the end of paved runways or ending at each end of turf runways. The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway centerline. The primary surface zone, as shown on Figure 1,[2] is derived from the primary surface.

RUNWAY

A defined area of 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.

TRANSITIONAL SURFACE (ZONE)

An imaginary surface that extends outward and upward from the edge of the primary surface to the horizontal surface at a slope of seven feet horizontally to one foot vertically (7:1). The transitional surface zone, as shown on Figure 1, is derived from the transitional surface.

TREE

Any object of natural growth.

UTILITY RUNWAY

A runway that is constructed for and intended to be used by propeller driven aircraft of 12,500 pounds maximum gross weight or less.

VISUAL RUNWAY

A runway intended solely for the operation of aircraft using visual approach procedures.

Editor's Note: Said figure is included as an attachment to this chapter.

Editor's Note: Said figure is included as an attachment to this chapter.

Applicability.

The regulations in this section shall apply to uses and structures located within areas illustrated on The Pittsburgh International Airport (PIT) Airspace Plan (Drawing 7b of 19 of the PIT Airport Master Plan, as amended), which PIT Airspace Plan is incorporated hereby by reference, which include the following zones as described in Figure 1[3] of this chapter.

Approach surface zone.

Conical surface zone.

Horizontal surface zone.

Primary surface zone.

Transitional surface zone.

Editor's Note: Said figure is included as an attachment to this chapter.

Said drawing referenced in this Subsection C is attached as Figure 2,[4] and shall be applied as may be amended in the future.

[4]

Editor's Note: Said figure is included as an attachment to this chapter.

Permit applications. As regulated by Act 164 and defined by 14 CFR Part 77.13(a) (as amended or replaced), any person who plans to erect a new structure, to add to an existing structure, or to erect and maintain any object (natural or man-made), in the vicinity of the airport, shall first notify the Department'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. The Department's BOA response must be included with this permit application for it to be considered complete. If the Department's BOA returns a determination of no penetration of airspace, the permit request should be considered to be in compliance with the intent of this section. If the Department'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 E, Variance.

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.

No notice or review under this section is required for any of the following construction or alteration:

Any object that would be shielded by existing structures of a permanent and substantial character or by natural terrain or topographic features of equal or greater height, and would be located in the congested area of a city, town, or settlement where it is evident beyond all reasonable doubt that the structure so shielded will not adversely affect safety in air navigation.

Any antenna structure of 20 feet or less in height except one that would increase the height of another antenna structure.

Any air navigation facility, airport visual approach or landing aid, aircraft arresting device, or meteorological device, of a type approved by the Administrator, or an appropriate military service on military airports, the location and height of which is fixed by functional purpose.

Any construction or alteration for which notice is required by any other FAA regulation.

Variance.

Any request for a variance shall include documentation in compliance with 14 CFR Part 77, Subpart B (FAA Form 7460-1 as amended or replaced). Determinations of whether to grant a variance will depend on the determinations made by the FAA and the Department's BOA as to the effect of the proposal on the operation of air navigation facilities and the safe, efficient use of navigable air space. In particular, the request for a variance shall consider which of the following categories the FAA has placed the proposed construction in:

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 H, Obstruction marking and lighting.

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.