[Amended 8-8-2005 by Ord. No. 2578]
This article is enacted to insure and promote
the health, safety and welfare of the general public and property
in and about the Lehigh Valley International Airport, to protect the
users, facilities and services of the airport, to prevent hazardous
conditions to the users, facilities or services of the airport and
to eliminate, remove, mitigate, mark or light any existing hazard
which cannot be completely abated.
The provisions of this article shall apply to
all lands within the Township that are shown on the Official Zoning
Map as being located within the boundaries of any airport zone.
Airport zones shall be overlays to the existing
zoning districts as shown on the Official Zoning Map and, as such,
the provisions of this section shall supplement any and all provisions
of any zoning district of which an airport zone is a part. If there
is any conflict between the provisions or requirements of this article
or those of any other zoning district, the more restrictive provision
shall be applied.
The airport zones as shown on the Official Zoning
Map are:
A.
Conical Surface Zone.
B.
Horizontal Surface Zone.
[Amended 12-18-1989 by Ord. No. 1657]
C.
Precision Instrument Runway Approach Surface Zone.
D.
Runway Larger Than Utility Visual Approach Surface
Zone.
E.
Runway Larger Than Utility With a Visibility Minimum
As Low As 3/4 Mile Nonprecision Instrument Approach Surface Zone.
F.
Runway Larger Than Utility With a Visibility Minimum
Greater Than Three-quarters of a Mile Nonprecision Instrument Approach
Surface Zone.
G.
Transitional Surface Zone.
H.
Utility Runway Nonprecision Instrument Approach Surface
Zone.
I.
Utility Runway Visual Approach Surface Zone.
A.
No building, structure or portion thereof or any other
obstruction shall be erected, altered or maintained to enter into
or interfere with the airport zones and their associated height designations.
[Amended 12-18-1989 by Ord. No. 1657]
B.
The height designations for each zone are as follows:
(1)
Conical Surface Zone. One hundred fifty feet above
the airport elevation at the intersection with the horizontal zone
and extending thereafter 20 feet horizontal for each foot of vertical
elevation extending to a height of 350 feet above the airport elevation.
(2)
Horizontal Surface Zone. One hundred fifty feet above
the airport elevation.
(3)
Precision Instrument Runway Approach Surface Zone.
Beginning at the end of and at the same elevation as the primary surface
and extending 50 feet horizontal for each one foot vertical for a
distance of 10,000 feet along the extended runway center line and
thereafter 40 feet horizontal for each foot vertical to a horizontal
distance of 40,000 feet along the extended runway center line.
(4)
Runway Larger Than Utility Visual Approach Surface
Zone. Beginning at the end of and at the same elevation as the primary
surface and extending 20 feet horizontally for each foot vertical
to a distance of 5,000 feet along the extended runway center line.
(5)
Runway Larger Than Utility With a Visibility as Low
as Three-Quarters of a Mile Nonprecision Instrument Approach Surface
Zone. Beginning at the end of and at the same elevation as the primary
surface and extending 34 feet horizontally for each one foot vertical
extending to a horizontal distance of 10,000 feet along the extended
runway center line.
[Amended 12-18-1989 by Ord. No. 1657]
(6)
Runway Larger Than Utility With a Visibility Minimum
Greater Than Three-Quarters of a Mile Nonprecision Instrument Approach
Surface Zone. Beginning at the end of and at the same elevation as
the primary surface and extending 34 feet horizontally for each one
foot vertical extending to a horizontal distance of 10,000 feet along
the extended runway center line.
[Amended 12-18-1989 by Ord. No. 1657]
(7)
Transitional Surface Zone. Beginning at the sides
of and at the same elevation as the primary surface and the approach
surface extending seven feet horizontal for each foot vertical and
extending to a height of 150 feet above the airport elevation and
extending to the intersection with the conical surface. 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.
[Amended 12-18-1989 by Ord. No. 1657]
(8)
Utility Runway Nonprecision Instrument Approach Surface
Zone. Beginning at the end of and at the same elevation as the primary
surface and extending 20 feet horizontal for each foot vertical a
distance of 5,000 along the extended runway center line.
(9)
Utility Runway Visual Approach Surface Zone. Beginning
at the end of and at the same elevation as the primary surface and
extending 20 feet horizontal for each foot vertical a distance of
5,000 along the extended runway center line.
C.
Where the precision instrument runway approach zone
projects beyond the conical zone, the height limit shall begin at
the side of and at the same elevation as the approach surface extending
seven feet horizontal for each foot vertical extending a distance
of 5,000 feet horizontal measured at 90° angles to the extended
runway center line.
Nothing in this article shall be construed as
to prohibit the construction or maintenance of any building, structure
or part thereof or obstruction at a maximum height of 35 feet.
No use may be made of land, buildings, structures,
objects or water within any zone so as to:
A.
Create electrical interference with navigational signals
or radio communication between the airport and aircraft.
B.
Make it difficult for pilots to distinguish between
airport lights and others.
C.
Result in glare to pilots using the airport.
D.
Impair visibility in the vicinity of the airport.
E.
Create bird strike hazards.
F.
Endanger or interfere with the landing and taking
off or maneuvering of aircraft.
A.
Nothing in this article shall be construed to require
the removal, alteration or change of any existing building, structure
or part thereof or obstruction not conforming to the regulations as
herein set forth.
B.
In the event any building, structure or part thereof
or obstruction shall violate and/or exceed the limitations as hereinbefore
set forth and is deemed to be a nonconforming use, the owner or lessee
thereof shall permit the installation, operation and maintenance thereon
of any marker or light that shall be deemed necessary by the airport
authority to indicate to the operators of aircraft in the vicinity
of the presence of such building, structure, part thereof or obstruction.
C.
Whenever a nonconforming use, building, structure
or obstruction has been abandoned or voluntarily razed, legally condemned,
structurally changed, damaged or destroyed by fire, explosion, flood
or other phenomenon, it may not be restored, reconstructed or used
as before, except in strict compliance with the provisions of this
section, provided that such restoration; reconstruction or use be
started within a six month period of the initial damage and is completed
within a reasonable period of time thereafter.
[Amended 12-18-1989 by Ord. No. 1657]
A.
No land, building, structure, part thereof, or obstruction
shall be established or changed in any of the airport zones unless
a permit therefor has been obtained from the Zoning Officer.
B.
Within the horizontal and conical zones, a permit
shall not be required for any building, structure, part thereof or
obstruction less than 75 feet in height, provided that such building,
structure, part thereof or obstruction does not exceed the height
limitations as prescribed hereinbefore.
C.
Within the approach zones, and at a horizontal distance
not less than 4,200 feet from each end of a runway, a permit shall
not be required for any building, structure, part thereof or obstruction
less than 75 feet in height, provided that such building, structure,
part thereof or obstruction does not exceed the height limitations
as prescribed hereinbefore.
D.
Within the transition zones beyond the perimeter of
the horizontal zone, a permit shall not be required for any building,
structure, part thereof or obstruction less than 75 feet in height,
provided that such building, structure, part thereof or obstruction
does not exceed above the height limitations as prescribed hereinbefore.
No use, building, structure, part thereof or
obstruction shall be permitted to be altered or changed to become
nonconforming or more nonconforming in height.
Variances to the provisions of this section
may be granted by the Zoning Hearing Board. The Board may attach reasonable
conditions and safeguards as it may deem necessary to implement the
purposes of this chapter, the laws of the Commonwealth of Pennsylvania
and the Federal government. In addition to the requirements as established
by this chapter and the Pennsylvania Municipalities Planning Code,
the following shall also be considered and required:
A.
A determination from the Federal Aviation Administration
as to the effect of the proposal on the operation of their navigation
facilities and the safe efficient use of navigable air space.
B.
Comments of the Airport Manager. A copy of the application
shall be furnished to the airport manager for advice as to the aeronautical
effects of the proposal. The airport manager shall respond within
15 days after receipt of the application. Failure of the manager to
respond shall create a presumption that the airport manager has approved
the proposal. An unfavorable report by the airport manager or failure
to respond shall not bind the Board, but may be a factor in its decision.
Notwithstanding any other provisions of law,
the Zoning Officer or Zoning Hearing Board which decides to grant
a permit or variance under this section shall notify the Department
of Transportation of the decision. Said 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. A Zoning Hearing Board
Opinion (written decision) shall be mailed to the Department 10 days
prior to being mailed to the applicant, but in no case shall the appropriate
notice be sent to the applicant later than 45 days from the last hearing.
