This chapter shall be known and may be cited
as the "West Penn Airport Zoning Ordinance."
The following words and phrases when used in
this chapter shall have the meanings given to them in this section
unless the context clearly indicates otherwise:
AIRCRAFT
Any contrivance, except an empowered hang glider or parachute,
used for manned ascent into or flight through the air.
AIRPORT
A.
Refers to the West Penn Airport.
B.
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" shall not include heliports. Private and
public airports are defined separately in this section.
AIRPORT ELEVATION
The highest point of an airport's usable landing area measured
in feet from sea level. Here: 1,125 feet above mean sea level.
AIRPORT HAZARD AREA
Any area of land or water upon which a hazard to air navigation
(an airport hazard) might be established if not prevented as provided
by these regulations and the 1984 Pa. Laws 164 (Act 164).
APPROACH SURFACE
A surface longitudinally centered on the extended runway centerline, extending outward and upward from the end of the primary surface and at the same slope as the Approach Zone height limitation slope set forth in §
212-4 of this chapter. In plan, the perimeter of the approach surface coincides with the perimeter of the Approach Zone.
CONICAL SURFACE
A surface extending outward and upward from the periphery
of the horizontal surface at a slope of 20:1 for a horizontal distance
of 4,000 feet.
DEPARTMENT
Pennsylvania Department of Transportation.
FAA
Federal Aviation Administration of the United States Department
of Transportation.
HAZARD TO AIR NAVIGATION
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
"Airport Hazard" in 74 Pa.C.S.A. § 5102.
HEIGHT
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.
HORIZONTAL SURFACE
A horizontal plan 150 feet above the established airport
elevation, the perimeter of which, in plan, coincides with the perimeter
of the Horizontal Zone.
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.
NONCONFORMING USE
Any preexisting structure, object of natural growth, or use
of land which is inconsistent with the provisions of this chapter
or any amendment thereto.
NONPRECISION 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 nonprecision
instrument approach procedure has been approved or planned.
OBSTRUCTION
Any structure, growth, or other object, including a mobile
object, which exceeds a limiting height set forth in this chapter.
PERSON
An individual, firm, partnership, corporation, company, association,
joint-stock association, or governmental entity; includes a trustee,
a receiver, an assignee, or a similar representative of any of the
above.
PRECISION INSTRUMENT RUNWAY
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.
PRIMARY SURFACE
A surface longitudinally centered on a runway. When the runway has a specially prepared hard surface, the primary surface extends 200 feet beyond each end of that runway; for military runways or when the runway has no specially prepared hard surface, or planned hard surface, the primary surface ends at each end of that runway. The width of the primary surface is set forth in §
212-3 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 centerline.
PRIVATE AIRPORT
An airport which is privately owned and which is not open
or intended to be open to the public.
PUBLIC AIRPORT
An airport which is either publicly or privately owned and
which is open to the public.
RUNWAY
A defined area on an airport prepared for landing and takeoff
of aircraft along its length.
STRUCTURE
An object, including a mobile object, construction or installed
by man, including but without limitation, buildings, towers, cranes,
smokestacks, earth formation, overhead transmission lines.
TRANSITIONAL SURFACES
These surfaces extend outward at 90° angles to the runway
centerline and the runway centerline 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.
TREE
Any object of natural growth.
UTILITY RUNWAY
A runway that is constructed for any intended to be used
by propeller driven aircraft of 12,500 pounds' maximum gross weight
and less.
VISUAL RUNWAY
A runway intended solely for the operation of aircraft using
visual approach procedures.
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 each of the zones in question as follows:
A. Utility Runway Visual Approach Zone. Slopes 20 feet
outward for each foot upward beginning at the end of and at the same
elevation as the primary surface and extending to a horizontal distance
of 5,000 feet along extended runway.
B. Transitional Zones. Slope 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 1,125 feet above
mean sea level. In addition to the foregoing, there are established
height limits sloping seven feet outward for each foot upward beginning
at the sides of and at the same elevation as the approach surface,
and extending to where they intersect the conical surface.
C. Horizontal Zone. Established at 150 feet above the
airport elevation or at a height of 1,275 feet above mean sea level.
D. Conical Zone. Slopes 20 feet outward for each foot
upward beginning at the periphery of the Horizontal Zone and at 150
feet above the airport elevation and extending to a height of 350
feet above the airport elevation. Here: 1,475 feet.
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.
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 this chapter which can be given effect without the invalid provisions
of this chapter, and the invalid provisions are hereby declared to
be severable.
Each violation of this chapter or of any regulation,
order, or ruling promulgated hereunder shall constitute a misdemeanor
and shall be punishable by a fine of not more than $500 or imprisonment
for not more than 60 days, or both; and each day a violation continues
to exist shall constitute a separate offense.