[HISTORY: Adopted by the Borough Council of the Borough of Lake City 12-18-1989
by Ord. No. 287-89. Amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 72.
A.
This chapter shall be known and may be cited as "the
Lake City Borough Airport Zoning Ordinance."
B.
An ordinance regulating and restricting the height to
which structures may be erected or objects of natural growth and otherwise
regulating the use of property in the vicinity of the Erie International Airport
by creating the appropriate zones and establishing the boundaries thereof;
providing for changes in the restrictions and boundaries of such zones; defining
certain terms used herein; referring to the Erie International Airport Height
Limitation and Zoning District Map which is incorporated in and made part
of this chapter; providing for enforcement; establishing a Zoning Hearing
Board; and imposing penalties.
A.
This chapter is adopted pursuant to the authority conferred
by 1984 Pa. Laws No. 164, codified at 74 Pa.C.S.A. § 5101 et. seq.
B.
It is hereby found that an obstruction has the potential
for endangering the lives and property of users of the Erie International
Airport and property or occupants of land in its vicinity; that an obstruction
may affect existing and future instrument approach minimums of the Erie International
Airport; and that an obstruction may reduce the size of areas available for
the landing, takeoff and maneuvering of aircraft, thus tending to destroy
or impair the utility of the Erie International Airport and the public investment
therein. Accordingly, it is declared:
(1)
That the creation or establishment of an obstruction
has the potential of being a public nuisance and may injure the region served
by the Airport.
(2)
That it is necessary in the interest of the public health,
safety, morals and general welfare that the creation or establishment of obstructions
that are a hazard to air navigation be prevented; and
(3)
That the prevention of these obstructions should be accomplished,
to the extent legally possible, by the exercise of the police power without
compensation.
C.
It is further declared that the prevention of the creation
or establishment of hazards to air navigation, the elimination, removal, alteration
or mitigation of hazards to air navigation, or the marking and lighting of
obstructions are public purposes for which a political subdivision way raise
and expend public funds and acquire land or interests in land.
The following words and phrases when used in this chapter shall have
the meaning given to them in this section unless the context clearly indicates
otherwise:
Any contrivance, except an unpowered hang-glider or parachute, used
for manned ascent into or flight through the air.
Erie International Airport defined as: Any area of land or water
which is used, or intended to be used, for the landing and takeoff of aircraft
and any appurtenant areas which are used, or intended to be used, for airport
buildings or air navigation facilities or rights-of-way, together with all
airport buildings and facilities thereon. As used herein, the term "airport"
includes public airports but excludes private airports and heliports. Public
and private airports are defined separately in this section.
Seven hundred thirty-two feet. The highest point of an airport's
usable landing area measured in feet above sea level.
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 is otherwise hazardous as defined by "Airport Hazard" in
74 Pa.C.S.A. § 5102.
Any area of land or water upon which an airport hazard might be established
if not prevented as provided for in this chapter and the Act 164 of 1984 (Pennsylvania
Laws relating to aviation).
These zones are set forth in § 22-4 of this chapter.
A surface longitudinally centered on the extended runway center line, extending outward and upward from the end of the primary surface and at the same slope as the approach surface zone height limitation slope set forth in § 22-4 of this chapter. In plan the perimeter of the approach surface coincides with the perimeter of the approach surface zone.
A surface extending outward and upward from the periphery of the
horizontal surface at a slope of 20 to one for a horizontal distance of 4,000
feet.
Pennsylvania Department of Transportation.
Federal Aviation Administration of the United States Department of
Transportation.
For the purpose of determining the height limits in all zones set
forth in this chapter and shown on the Zoning Map, the datum shall be mean
sea level elevation unless otherwise specified.
A horizontal plane 150 feet above the established airport elevation,
the perimeter of which in plan coincides with the perimeter of the horizontal
surface zone.
A runway that is constructed for and intended to be used by propeller-driven
aircraft of greater than 12,500 pounds maximum gross weight and jet-powered
aircraft.
Any preexisting structure, object of natural growth or use of land
which is inconsistent with the provisions of this chapter or an amendment
thereto.
A runway having an existing instrument approach procedure utilizing
air navigation facilities with only horizontal guidance, or area-type navigation
equipment, for which a straight-in nonprecision instrument approach procedure
has been approved or planned.
Any structure, growth or other object, including a mobile object, which exceeds a limiting height set forth in § 22-4 of this chapter.
An individual, firm, partnership, corporation, company, association
joint-stock association or governmental entity; includes a trustee, a receiver,
an assignee or a similar representative of any of them.
A runway having an existing instrument approach procedure utilizing
an instrument landing system (ILS) or a precisions approach radar (PAR). It
also means a runway for which a precision approach system is planned and is
so indicated on an approved airport layout plan or any other planning document.
A surface longitudinally centered on a runway. When the runway has a specially prepared hard surface, the primary surface extends 200 feet beyond each end of that runway. For military runways or when the runway has no specially prepared hard surface, or planned hard surface, the primary surface ends at each end of that runway. The width of the primary surface is set forth in § 22-4 of this chapter. The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway center line.
An airport which is privately owned and which is not open or intended
to be open to the public as defined in 74 Pa.C.S.A. § 5102.
An airport which is either publicly or privately owned and which
is open to the public as defined in 74 Pa.C.S.A. § 5102.
A defined area on an airport prepared for landing and takeoff of
aircraft along its length.
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.
These surfaces extend outward at ninety-degree angles to the runway
center line and the runway center line extended at a slope of seven feet horizontally
for each foot vertically from the sides of the primary and approach surfaces
to where they intersect the horizontal and conical surfaces. Transitional
surfaces for those portions of the precision approach surfaces, which project
through and beyond the limits of the conical surface, extend a distance of
5,000 feet measured horizontally from the edge of the approach surface and
at ninety-degree angles to the extended runway center line.
Any object of natural growth.
A runway that is constructed for and intended to be used by propeller-driven
aircraft of 12,500 pounds maximum gross weight or less.
A runway intended solely for the operation of aircraft using visual
approach procedures.
In order to carry out the provisions of this chapter, there are hereby
created and established certain zones which include all of the land lying
beneath the approach surfaces, transitional surface, horizontal surfaces and
conical surfaces as they apply to the Erie International Airport. Such zones
are shown on the Erie International Airport Height Limitation and Zoning District
Map prepared by the Pennsylvania Department of Transportation, Bureau of Aviation,
and dated Spring, 1989, which is attached to this chapter and made a part
hereof. 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.
Utility Runway Visual Approach Surface Zone. Established
beneath the visual approach surface. The inner edge of this zone coincides
with the width of the primary surface and is 250 feet wide. The 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.
Utility Runway Nonprecision Instrument Approach Surface
Zone. Established beneath the nonprecision instrument approach surface. The
inner edge of this zone coincides with the width of the primary surface and
is 500 feet wide. The zone expands outward uniformly to a width of 2,000 feet
at a horizontal distance 5,000 feet from the primary surface. Its center line
is the continuation of the center line of the runway.
C.
Runway Larger Than Utility Visual Surface Zone. Established
beneath the visual approach surface. The inner edge of this zone coincides
with the width of the primary surface and is 500 feet wide. The zone expands
outward uniformly to a width of 1,500 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.
D.
Runway Larger Than Utility With A Visibility Minimum
Greater Than 3/4 Mile Nonprecision Instrument Approach Surface Zone. Established
beneath the nonprecision instrument approach surface. The inner edge of this
zone coincides with the width of the primary surface and is 500 feet wide.
The 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.
Runway Larger Than Utility With A Visibility Minimum
As Low As 3/4 Mile Nonprecision Instrument Approach Surface Zone. Established
beneath the nonprecision instrument approach surface. The inner edge of this
zone coincides with the width of the primary surface and is 1,000 feet wide.
The 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.
F.
Precision Instrument Runway Approach Surface Zone. Established
beneath the precision instrument approach surface. The inner edge of this
zone coincides with the width of the primary surface and is 1,000 feet wide.
The zone expands outward uniformly to a width of 16,000 feet at a horizontal
distance of 50,000 feet from the primary surface. Its center line is the continuation
of the center line of the runway.
G.
Transitional Surface Zones. Established beneath the transitional
surfaces adjacent to each runway and approach surface as indicated on the
Height Limitation and Zoning District Map.
H.
Horizontal Surface Zone. Established beneath the horizontal
surface, 150 feet above the established airport elevation, the perimeter of
which is constructed 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 surface zone does
not include the approach surface and transitional surface zones.
I.
Conical Surface Zone. Established beneath the conical
surface. This zone commences at the periphery of the horizontal surface and
extends outward therefrom a horizontal distance of 4,000 feet.
Except as otherwise provided in this chapter, no structure shall be
erected, altered or maintained, and no tree shall be allowed to grow in any
zone created by this chapter 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.
Utility Runway Visual Approach Surface Zone. Slopes 20
feet outward for each foot upward beginning at the end of and at the same
elevation as the primary surface and extending to a horizontal distance of
5,000 feet along the extended runway center line.
B.
Utility Runway Nonprecision Instrument Approach Surface
Zone. Slopes 20 feet outward for each foot upward beginning at the end of
and at the same elevation as the primary surface and extending to a horizontal
distance of 5,000 feet along the extended runway center line.
C.
Runway Larger Than Utility Visual Approach Surface Zone.
Slopes 20 feet outward for each foot upward beginning at the end of and at
the sane 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
Greater Than 3/4 Mile Nonprecision Instrument Approach Surface 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.
Runway Larger Than Utility With A Visibility Minimum
As Low As 3/4 Mile Nonprecision Instrument Approach Surface 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.
F.
Precision Instrument Runway Approach Surface Zone. 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; thence slopes upward 40
feet horizontally for each foot vertically to an additional horizontal distance
of 40,000 feet along the extended runway center line.
G.
Transitional Surface Zones. Slopes seven feet outward
for each foot upward beginning at the sides of and at the same elevation as
the primary surface and the approach surface, and extending to a height of
150 feet above the airport elevation which is 732 feet above mean sea level.
In addition to the foregoing, when an airport has a precision instrument runway
approach 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 to where they intersect the conical surface.
Where the precision instrument runway approach zone 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 ninety-degree
angles to the extended runway center line.
H.
Horizontal Surface Zone. Established at 150 feet above
the established airport elevation or at a height of 732 feet above mean sea
level.
I.
Conical Surface Zone. Slopes 20 feet outward for each
foot upward beginning at the periphery of the horizontal surface and at 150
feet above the established airport elevation and extending to a height of
350 feet above the established airport elevation or at a height of 732 feet
above mean sea level.
J.
Excepted height limitations. Nothing in this chapter
shall be construed as prohibiting the construction or maintenance of any structure,
or growth of any tree to a height up to 300 feet above the surface of the
land.
A.
Reasonableness. All airport zoning regulations adopted
under this subchapter shall be reasonable; none shall impose any requirement
or restriction unless it is reasonably necessary to effectuate the purpose
of this subchapter. In determining what regulations it may adopt, each municipality
and Joint Airport Zoning Board shall consider, among other factors, the character
of the flying operations expected to be conducted at the airport, the nature
of the terrain within the airport hazard area, the character of the neighborhood
and the uses to which the property to be zoned is put and adaptable.
B.
Use restrictions. Notwithstanding any other provisions
of this chapter, no use may be made of land or water within any zone established
by this chapter 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.
C.
Nonconforming uses:
(1)
Regulations not retroactive. The regulations prescribed by this chapter 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 chapter, or otherwise interfere with the continuance of any nonconforming use, except as provided in § 22-7 (relating to permits and variances). Nothing contained herein shall require any change in the construction, alteration or intended use of any structure, the construction or alteration of which was begun prior to the effective date of this chapter, and is diligently executed.
(2)
Marking and lighting. Notwithstanding the preceding provision
of this section, the owner of any existing nonconforming structure or tree
is hereby required to permit the installation, operation, and maintenance
thereon or nearby of such markers and lights as shall be deemed necessary
by the Zoning Administrator 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
property owner.
A.
Future uses.
(1)
Except as specifically provided in Subsection A(1)(a), (b) or (c) hereunder, no material change shall be made in the use of land, no structure shall be erected or otherwise established, and no tree shall be planted in any zone hereby created unless a permit therefor shall have been applied for and granted. Each application for a permit shall indicate the purpose for which the permit is desired, with sufficient particularity to permit it to be determined whether the resulting use, structure, or tree should 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 chapter shall be granted unless a variance has been approved in accordance with this § 22-7, Subsection D.
(a)
In the area lying within the limits of the horizontal
zone and conical zone, no permit shall be required for any tree or structure
less than 75 feet of vertical height above the ground, except when, because
of terrain, land contour, or topographic features, such tree or structure
would extend above the height limits prescribed for such zones.
(b)
In areas lying within the limits of the approach zones,
but at a horizontal distance of not less than 4,200 feet from each end of
the runway, no permit shall be required for any tree or structure less than
75 feet of vertical height above the ground, except when, because of terrain,
land contour or topographic features, such tree or structure should extend
above the height limit prescribed for such approach zones.
(c)
In the areas lying within the limits of the transition
zones beyond the perimeter of the horizontal zones, no permit shall be required
for any tree or structure less than 75 feet of vertical height above the ground,
except when such tree or structure, because of terrain, land contour, or topographic
feature, should extend above the height limit prescribed for such transition
zones.
(2)
Nothing contained in any of the foregoing exceptions
shall be construed as permitting or intending to permit any construction,
or alteration of any structure, or growth of any tree in excess of any of
the height limits established by this chapter, except that no permit is required
to make maintenance repairs to or to replace parts of existing structures
which do not enlarge or increase the height of an existing structure.
B.
Existing uses. Before any nonconforming structure may
be replaced, substantially altered or rebuilt or tree allowed to grow higher
or replanted, a permit must be secured from the municipality authorizing the
replacement or change. No permit shall be granted that would allow the establishment
or creation of an obstruction or permit a nonconforming use, structure, or
tree to become a greater hazard to air navigation than it was on the effective
date of this chapter or any amendments thereto or than it is when the application
for a permit is made.
C.
Nonconforming uses abandoned or destroyed. Whenever the
Zoning Officer determines that a nonconforming tree or structure has been
abandoned or more than 80% torn down, physically deteriorated, or decayed,
no permit shall be granted that would allow such structure or tree to exceed
the applicable height limit or otherwise deviate from this chapter.
D.
Variance. Any person desiring to erect any structure or increase the height of any structure or permit the growth of any object of natural growth or otherwise use his property in violation of airport zoning regulations may apply to the Board of Adjustment for a variance from the zoning regulations in question. A variance shall only be granted after the requirements of § 22-8 are satisfied. A variance may be allowed where a literal application or enforcement of the regulations should result in practical difficulty or unnecessary hardship and the relief granted would not be contrary to the public interest but would do substantial justice and would be in accordance with the spirit of the regulations and this chapter. Any variance may be granted subject to any reasonable conditions that the Board of Adjustment may deem necessary to effectuate the purposes of this chapter. The application for variance shall be accompanied by a determination from the Federal Aviation Administration as to the effect of the proposal on the operation of air navigation facilities and the safe, efficient use of navigable airspace. Additionally, no application for variance to the requirements of this chapter may be considered by the Board of Adjustment unless a copy of the application has been furnished to the Airport Manager (or person of equivalent description) for advice as to the aeronautical effects of the variance. If the Airport Manager (or person of equivalent description) does not respond to the application within 15 days after receipt, the Board of Adjustment may act without such input to grant or deny said application.
E.
Hazard marking and lighting. In granting any permit or
variance under is section, the Board shall, if it deems the action advisable
to effectuate the purpose of this chapter and reasonable under the circumstances,
so condition the permit or variance as to require the owner of the structure
or object of natural growth in question to permit the municipality, at its
own expense, or require the person or persons requesting the permit or variance,
to install, operate and maintain thereon such markers and lights as my be
required by guidelines or regulations adopted by the FAA.
A.
Local enforcement. It shall be the duty of the Zoning
Officer to administer and enforce the regulations prescribed herein. Applications
for permits and variances shall be made to the Zoning Officer upon a form
published for that purpose. Applications required by this chapter to be submitted
to the Zoning Officer shall be promptly considered and granted or denied.
Application for action by the Board of Adjustment shall be forthwith transmitted
by the Zoning Officer.
B.
Notice to department. Notwithstanding any other provision
of law, a municipality or board which decides to grant a permit or variance
under this chapter shall notify the Department of Transportation of its decision.
This notice shall be in writing and shall be sent so as to reach the department
at least ten days before the date upon which the decision is to issue.
A.
Powers. There is hereby created a Board of Adjustment
to have and exercise the following powers:
(1)
To hear and decide appeals from any order, requirement,
decision, or determination made by the Borough Council in the enforcement
of this chapter.
(2)
To hear and decide special exceptions to the terms of
this chapter upon which such Board of Adjustment under such regulations may
be required to pass.
(3)
To hear and decide specific variances.
B.
Creation/members/removal. Where a Zoning Board of Appeals
or Adjustment already exists, it may be appointed as the Board of Adjustment.
Otherwise, the Board shall consist of five members, each to be appointed for
a term of three years by the authority adopting the regulations and to be
removable by the appointing authority, for cause, upon written charges and
after a public hearing.
C.
Governing rules. The Board of Adjustment shall adopt
rules for its governance and in harmony with the provisions of this chapter.
Meetings of the Board of Adjustment shall be held at the call of the Chairperson
and at such other times as the Board of Adjustment may determine. For conduct
of any hearing or taking of any action, a quorum shall not be less than a
majority of all members. The Chairperson or, in the absence of the Chairperson,
the Acting Chairperson may administer oaths and compel the attendance of witnesses.
All hearings of the Board of Adjustment shall be public. The Board of Adjustment
shall keep minutes of its proceedings showing the vote of each member upon
each question, or if absent or failing to vote, indicating such fact, and
shall keep records of its examinations and other official actions, all of
which shall immediately be filed in the office of the Borough Council and
on due cause shown.
D.
Findings of fact/conclusions of law. The Board of Adjustment
shall make written findings of facts and conclusions of law giving the facts
upon which it acted and its legal conclusions from such facts in reversing,
affirming, or modifying any order, requirement, decision, or determination
which comes before it under the provisions of this chapter.
E.
Voting. The concurring vote of a majority of the members
of the Board of Adjustment shall be sufficient to reverse any order, requirement,
decision, or determination of the Borough Council or decide in favor of the
applicant on any matter upon which it is required to pass under this chapter,
or to effect variation to this chapter.
Joint Airport Zoning Board. Where any airport hazard appertaining to
an airport is located outside the territorial limits of the municipality encompassing
the airport, all of the municipalities involved may, by ordinance or resolution,
create a Joint Airport Zoning Board which shall have the same power to adopt,
administer and enforce airport zoning regulations applicable to the airport
hazard area in question as that vested (by the police power) in the municipality
within which the area is located. Each Joint Airport Zoning Board shall have
as members two representatives appointed by each municipality participating
in its creation and, in addition, a Chairman elected by a majority of the
members so appointed.
A.
Right of appeal. Any person aggrieved or taxpayer affected
by any decision of the municipality or Joint Zoning Hearing Board may appeal
to the Board of Adjustment as provided by law.
B.
Reasonable time requirement. All appeals hereunder must
be taken within a reasonable time as provided by the rules of the Board of
Adjustment. The Board shall fix a reasonable time for hearing appeals, give
public notice and due notice to the parties in interest, and decide the same
within a reasonable time. Upon the hearing, any party may appear in person
or by agent or by attorney.
C.
Stay of proceedings. An appeal shall stay all proceedings
in furtherance of the action appealed from unless the municipality or Joint
Zoning Hearing Board certifies to the Board, after the notice of appeal has
been filed with it, that, by reason of the facts stated in the certificate,
a stay would in its opinion cause imminent peril to life or property. In such
cases proceedings shall not be stayed otherwise than by order of the Board
or notice to the municipality or Joint Zoning Appeal Board.
D.
Power to reverse, affirm or modify orders. The Board
of Adjustment may, in conformity with the provisions of this chapter, reverse
or affirm, in whole or in part, or modify the order, requirement, decision,
or determination appealed from and may make such order, requirement, decision,
or determination as may be appropriate under the circumstances.
In any case in which it is desired to remove, lower or otherwise terminate
a nonconforming structure or use, or the approach protection necessary cannot,
because of constitutional limitations, be provided by airport zoning regulations,
or it appears advisable that the necessary approach protection be provided
by acquisition of property rights, rather than by airport zoning regulations,
the municipality within which the property or nonconforming use is located,
or the municipality or municipal authority owning the airport or served by
it, may acquire by purchase, grant or condemnation, in the manner provided
by the law under which municipalities are authorized to acquire real property
for public purposes, such air right, aviation easement or other estate or
interest in the property or nonconforming structure or use in question as
may be necessary to effectuate the purpose of this chapter. In the case of
the purchase of any property or any easement or estate, or interest therein,
or the acquisition thereof by the power of eminent domain, the municipality
making the purchase or exercising the power shall, in addition to the damages
for the taking, injury or destruction of property, also pay the cost of the
removal and relocation of any structure or any public utility which is required
to be moved to a new location.
A.
Incorporation. In the event that a municipality has adopted
or hereafter adopts a comprehensive zoning ordinance regulating, among other
things, the height of buildings, any airport zoning regulations applicable
to the same area or portion thereof way be incorporated in and made a part
of the comprehensive zoning regulations and be administered and enforced in
connection therewith.
B.
Conflicts. In the event of conflict between any airport
zoning regulations adopted under this chapter and any other regulations applicable
to the same area, whether the conflict be with respect to the height of structures
or trees, and the use of land, or any other matter, and whether the other
regulations were adopted by the municipality which adopted the airport zoning
regulations or by some other municipality or otherwise, the more stringent
limitation or requirement shall govern and prevail.
Any person aggrieved, or any taxpayer affected, by any decision of the
Board of Adjustment, may appeal to the Court of Common Pleas as provided by
law. In cases where applicable law does not provide an appeal from a municipality
to a Board, a person or taxpayer may appeal from a decision of a municipality
or Joint Airport Zoning Board, as provided by law for similar zoning proceedings.
If any of the provisions of this chapter or the application thereof
to any person or circumstances are held invalid, such invalidity shall not
affect other provisions or applications of the ordinance which can be given
effect without the invalid provisions of this chapter are declared to be severable.
A.
Use of language. Words of any gender used in this chapter
shall be held and construed to include any other gender, and words in the
singular shall be used to include the plural, unless the context otherwise
requires.
B.
Use of captions. The captions or headings of sections
in this chapter are inserted for convenience only, and shall not be considered
in construing the provisions herein if any question of intent should arise.
A.
Any person, partnership or corporation who or which has
violated or permitted the violation of the provisions of any zoning ordinance
enacted under this act or prior enabling laws shall, upon being found liable
therefor in a civil enforcement proceeding commenced by a municipality, pay
a judgment of not more than $500 plus all court costs, including reasonable
attorney fees incurred by a municipality as a result thereof. No judgment
shall commence or be imposed, levied or payable until the date of the determination
of a violation by the District Justice. If the defendant neither pays nor
timely appeals the judgment, the municipality may enforce the judgment pursuant
to the applicable rules of civil procedure. Each day that a violation continues
shall constitute a separate violation, unless the District Justice determining
that there has been a violation further determines that there was a good-faith
basis for the person, partnership or corporation violating the ordinance to
have believed that there was no such violation, in which event there shall
be deemed to have been only one such violation until the fifth day following
the date of the determination of a violation by the District Justice, and
thereafter each day that a violation continues shall constitute a separate
violation. All judgments, costs and reasonable attorney fees collected for
the violation of zoning ordinances shall be paid over to the municipality
whose ordinance has been violated.
B.
The court of common pleas, upon petition, may grant an
order of stay, upon cause shown, tolling the per diem fine pending a final
adjudication of the violation and judgment.
C.
Nothing contained in this section shall be construed
or interpreted to grant to any person or entity other than the municipality
the right to commence any action for enforcement pursuant to this section.
A.
Notice and hearing. No airport zoning regulations shall
be adopted, amended or changed except by action of the municipality or the
Joint Airport Zoning Board after a public hearing in relation thereto at which
parties in interest and citizens shall have an opportunity to be heard. The
notice shall be published once each week for two successive weeks in a newspaper
of general circulation in the municipality or municipalities affected. The
notice shall state the time and place of the hearing and the particular nature
of the matter to be considered at the hearing. The first publication shall
not be more than 30 days or less than 14 days from the date of the hearing.
B.
Effective date. Whereas, the immediate operation of the provisions of this chapter is necessary for the preservation of the public health, safety, morals and general welfare, an emergency is hereby declared to exist, and this chapter shall be in full force and effect from and after its passage by the municipality and publication and posting as required by § 22-18, Subsection A.
