A.
This article is adopted pursuant to the authority conferred by 1984
Pennsylvania Laws, P.L. 837, No. 164, codified at 74 Pa.C.S.A. § 5911
et seq., and the Pennsylvania Municipalities Planning Code, Act 247
(53 P.S. § 10101 et seq.).
B.
It is hereby found that an obstruction (as defined herein) has the
potential for endangering the lives and property of users of the Borough
of Steelton and property or occupants of land in its vicinity; that
an obstruction may affect existing and future instrument approach
minimums of the Capital City and Harrisburg International Airports;
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 Capital City and Harrisburg International
Airports and the public investment therein. Accordingly, it is declared
that:
(1)
The creation or establishment of an obstruction has the potential
of being a public nuisance and may injure the region served by the
Capital City and Harrisburg International Airports.
(2)
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.
(3)
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 marking and lighting
of obstructions are public purposes for which a political subdivision
may raise and expend public funds and acquire land or interests in
land.
The following words and phrases, when used in this article,
shall have the meanings 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.
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.
Capital City Airport, 347 feet, and Harrisburg International
Airport, 310 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 or is otherwise hazardous, as defined
by the term "airport hazard" in 74 Pa.C.S.A. § 5102.
Any area of land or water upon which an airport hazard might
be established if not prevented as provided for in this article and
the Act 164 of 1984 (Pennsylvania Laws relating to aviation).[1]
A surface longitudinally centered on the extended runway center line, extending outward and upward from the end of the primary surface and at the same slope as the approach surface zone height limitation slope set forth in § 120-51 of this article. In plan, the perimeter of the approach surface coincides with the perimeter of the approach surface zone.
These zones are set forth in § 120-51 of this article.
The Steelton Zoning Hearing Board.
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.
The Pennsylvania Department of Transportation.
The 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 article and shown on the Zoning Map,[2] the datum shall be mean sea level elevation unless otherwise
specified.
A horizontal plane 150 feet above the established airport
elevation, the perimeter of which, in plan, coincides with the perimeter
of the horizontal surface zone.
A runway that is constructed for and intended to be used
by propeller-driven aircraft of greater than 12,500 pounds maximum
gross weight and jet-powered aircraft.
Any preexisting structure, object of natural growth or use
of land which is inconsistent with the provisions of this article
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 non-precision-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 § 120-12 of this article.
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 precision 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 § 120-51 of this article. The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway center line.
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, 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 90° 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 90° 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 article, there
are hereby created and established certain zones which include all
of the land lying beneath the approach surfaces, transitional surfaces,
horizontal surfaces and conical surfaces as they apply to the Capital
City Airport and the Harrisburg International Airport. Such zones
are shown on the Capital City Airport and Harrisburg 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 article and made a part
hereof.[1] An area located in more than one of the following zones
is considered to be only in the zone with the more restrictive height
limitation. The various zones are hereby established and defined as
follows:
A.
Utility runway visual approach surface zone. The zone is 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 non-precision-instrument approach surface zone. The
zone is established beneath the non-precision-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 of 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 approach surface zone. The zone
is 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 non-precision-instrument approach surface zone (Capital City
Airport). The zone is established beneath the non-precision-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 non-precision-instrument approach surface zone. The zone is established
beneath the non-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
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 (Harrisburg International
Airport). The zone is 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.
H.
Horizontal surface zones. The zone is established beneath the horizontal
surface, 150 feet above the established airport elevation, the perimeter
of which is constructed by swinging arcs of 5,000 feet and 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 radius of each arc is 5,000 feet for all runways designated
as utility or visual and 10,000 feet for all other runways. The radius
of the arc specified for each end of a runway will have the same arithmetical
value. That value will be the highest determined for either end of
the runway. When a five-thousand-foot area is encompassed by tangents
connecting two adjacent ten-thousand-foot arcs, the five-thousand-foot
arc shall be disregarded on the construction of the perimeter of the
horizontal surface. The horizontal surface zone does not include the
approach surface and transitional surface zones.
I.
Conical surface zone. The zone is established beneath the conical
surface. This zone commences at the periphery of the horizontal surface
and extends outward therefrom a horizontal distance of 4,000 feet.
[1]
Editor's Note: Said map is on file in the Borough offices.
Except as otherwise provided in this article, no structure shall
be erected, altered or maintained and no tree shall be allowed to
grow in any zone created by this article to a height in excess of
the applicable height limit herein established for such zone. Such
applicable height limitations are hereby established for each of the
zones in question as follows:
A.
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 non-precision-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
same elevation as the primary surface and extending to a horizontal
distance of 5,000 feet along the extended runway center line.
D.
Runway larger than utility with a visibility minimum greater than
3/4 mile non-precision-instrument approach surface zone (Capital City
Airport): 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 non-precision-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 (Harrisburg International
Airport): 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.
(1)
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 as follows:
(2)
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 90°
angles to the extended runway center line.
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
as follows:
J.
Excepted height limitations. Nothing in this article shall be construed
as prohibiting the construction or maintenance of any structure or
growth of any tree to a height up to 75 feet above the surface of
the land.
A.
Reasonableness. All airport zoning regulations adopted under this
article shall be reasonable; none shall impose any requirement or
restriction unless it is reasonably necessary to effectuate the purpose
of this article. 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 article,
no use may be made of land or water within any zone established by
this article in such manner as to create electrical interference with
navigational signals or radio communication between the airport and
aircraft, make it difficult for pilots to distinguish between airport
lights and others, result in glare in the eyes of pilots using the
airport, impair visibility in the vicinity of the airport, create
bird strike hazards or otherwise in any way endanger or interfere
with the landing, takeoff or maneuvering of aircraft intending to
use the airport.
C.
Nonconforming uses.
(1)
Regulations not retroactive. The regulations prescribed by this article shall not be construed to require the removal, lowering or other change or alteration of any structure or tree not conforming to the regulations as of the effective date of this article or otherwise interfere with the continuance of any nonconforming use, except as provided in § 120-54 (relating to permits and variances). Nothing contained herein shall require any change in the construction, alteration or intended use of any structure, the construction or alteration of which was begun prior to the effective date of this article and which is diligently executed.
(2)
Marking and lighting. Notwithstanding the preceding provision of
this subsection, the owner of any existing nonconforming structure
or tree is hereby required to permit the installation, operation and
maintenance thereon or nearby of such markers and lights as shall
be deemed necessary by the Zoning Officer to indicate to the operators
of aircraft in the vicinity of the airport the presence of such airport
obstruction. Such markers and lights shall be installed, operated
and maintained at the expense of the owner.
A.
Future uses.
(1)
Except as specifically provided in Subsection A(1)(a), (b) 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 would conform to the regulations herein prescribed. If such determination is in the affirmative, the permit shall be granted. No permit for a use inconsistent with the provisions of this article shall be granted unless a variance has been approved in accordance with this § 120-54D, except as follows:
(a)
In the area lying within the limits of the horizontal zone and
conical zone, no permit shall be required for any tree or structure
less than 75 feet of vertical height above the ground, except when,
because of terrain, land contour or topographic features, such tree
or structure would extend above the height limits prescribed for such
zones.
(b)
In areas lying within the limits of the approach zones but at
a horizontal distance of not less than 4,200 feet from each end of
the runway, no permit shall be required for any tree or structure
less than 75 feet of vertical height above the ground, except when,
because of terrain, land contour or topographic features, such tree
or structure would extend above the height limit prescribed for such
approach zones.
(c)
In the areas lying within the limits of the transition zones
beyond the perimeter of the horizontal zones, no permit shall be required
for any tree or structure less than 75 feet of vertical height above
the ground, except when such tree or structure, because of terrain,
land contour or topographic feature, would extend above the height
limit prescribed for such transition zones.
(2)
Nothing contained in any of the foregoing exceptions shall be construed
as permitting or intending to permit any construction or alteration
of any structure or growth of any tree in excess of any of the height
limits established by this article, except that no permit is required
to make maintenance repairs to or to replace parts of existing structures
which do not enlarge or increase the height of an existing structure.
B.
Existing uses. Before any nonconforming structure may be replaced,
substantially altered or rebuilt or tree allowed to grow higher or
be replanted, a permit must be secured from the 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 article or any amendments
thereto or than it is when the application for a permit is made.
C.
Nonconforming uses abandoned or destroyed. Whenever the Zoning Officer
determines that a nonconforming tree or structure has been abandoned
or more than 80% torn down, physically deteriorated or decayed, no
permit shall be granted that would allow such structure or tree to
exceed the applicable height limit or otherwise deviate from this
article.
D.
Variance.
(1)
Any person desiring to erect any structure or increase the height of any structure or permit the growth of any object of natural growth or otherwise use his property in violation of airport zoning regulations may apply for a variance from the zoning regulations in question pursuant to § 120-78. A variance shall only be granted after the requirements of § 120-78 are satisfied. A variance may be allowed where a literal application or enforcement of the regulations would result in practical difficulty or unnecessary hardship and the relief granted would not be contrary to the public interest but would do substantial justice and would be in accordance with the spirit of the regulations and this article. Any variance may be granted subject to any reasonable conditions that the Zoning Hearing Board may deem necessary to effectuate the purposes of this article. Notwithstanding any other provision of law, if the Zoning Hearing Board decides to grant a permit or variance under this article, it shall notify the Department of Transportation of its decision. This notice shall be in writing and shall be sent so as to reach the Department at least 10 days before the date upon which the decision is to issue.
(2)
The application for variance shall be accompanied by a determination
from the Federal Aviation Administration as to the effect of the proposal
on the operation of air navigation facilities and the safe, efficient
use of navigable airspace. Additionally, no application for variance
to the requirements of this article may be considered by the 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
this section, the Board shall, if it deems the action advisable to
effectuate the purpose of this article and reasonable under the circumstances,
so condition the permit or variance as to require the owner of the
structure or object of natural growth in question to permit the municipality,
at its own expense, or require the person or persons requesting the
permit or variance to install, operate and maintain thereon, at the
owner's expense, such markers and lights as may be required by guidelines
or regulations adopted by the Federal Aviation Administration.
F.
Conflicts. In the event of conflict between any airport zoning regulations
adopted under this article and any other regulations applicable to
the same area, whether the conflict is 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.
The Zoning Hearing Board shall, in addition to the other powers granted to it pursuant to § 120-77, have and exercise the following powers:
A.
To hear and decide appeals from any order, requirement, decision or determination made by the Zoning Officer in the enforcement of this Article XV.
B.
To hear and decide special exceptions to the terms of this Article XV upon which such Zoning Hearing Board may be required to pass.
C.
To hear and decide specific variances.
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 the airport zoning regulations, the Borough 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 article. 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 Borough or municipality or municipal authority 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.
