[Ord. 766, 5/16/1996, § 18.0]
The following words and phrases, for the purposes of this Part
only, shall have the meaning given to them in this Section, unless
the context clearly indicates otherwise:
AIRCRAFT
Any contrivance, except an unpowered hang glider or parachute,
used for manned ascent into or flight through the air.
AIRPORT
Any area of land or water which is used of 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.
AIRPORT ELEVATION
310 feet mean elevation in the case of the Harrisburg International
Airport; defined as the highest point of land which obstructs the
airspace required for flight of aircraft in landing or taking off
at an airport or is otherwise hazardous as defined by Act 164 of 1985.
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 Part and Act
164 of 1984.
APPROACH SURFACE
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 this Part. In plan, the perimeter of
the approach surface coincides with the perimeter of the approach
surface 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
The Pennsylvania Department of Transportation.
FAA
The 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 Part and shown on the Zoning Map, the datum shall
be mean sea level elevation, unless otherwise specified.
HORIZONTAL SURFACE
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.
LARGER-THAN-UTILITY RUNWAY
A runway that is constructed for the intended to be used
by propeller-driven aircraft of greater than 12,500 pounds maximum
gross weight and jet-powered aircraft.
NONCONFORMING 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.
NONCONFORMING USE
Any preexisting structure, object of natural growth or use
of land which is inconsistent with the provisions of this Part or
an amendment thereto.
OBSTRUCTION
Any structure, growth or other object, including a mobile
object, which exceeds a limiting height set forth in this Part.
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 them.
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 this Part. The elevation
of any point on the primary surface is the same as the elevation of
the nearest point on the runway center line.
PRIVATE AIRPORT
An airport which is privately owned and which is not open
or intended to be open to the public as defined by State or Federal
law.
PUBLIC AIRPORT
An airport which is either publicly or privately owned and
which is open to the public, as defined by State or Federal law.
RUNWAY
A defined area on 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 SURFACES
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 these 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 an 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
approach procedures.
[Ord. 766, 5/16/1996, § 18.1]
In order to carry out the provisions of this Part, there are
hereby created and established certain zones, to the extent they are
in the Borough, which include all of the land lying beneath the approach
surfaces, transitional surfaces, horizontal surfaces and conical surfaces
as they apply to the Harrisburg International Airport. Such zones
are shown on the Borough of Elizabethtown Height Limitation and Zoning
District Map prepared by the Pennsylvania Department of Transportation,
Bureau of Aviation, and dated 1989, which is hereby 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. Conical Surface Zone. Established beneath the conical surface. This
zone commences at the periphery of the horizontal surface and extends
therefrom a horizontal distance of 4,000 feet.
B. 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.
C. 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.
D. Runway Larger Than Utility 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 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.
E. Runway Larger Than Utility With a Visibility Minimum as Low as 3/4
Mile Nonprecision Instrument Approach Surface Zone. 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. 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 1,500
feet at a horizontal distance of 5,000 feet from the primary surface.
Its center line is the continuance 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 Zoning District Map.
H. 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.
I. 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.
[Ord. 766, 5/16/1996, § 18.2]
Except as otherwise provided in this Part, no structure shall
be erected, altered or maintained and no tree shall be allowed to
grow in any zone created by this Part to a height in excess of the
applicable height limit herein established for such zone.
A. Such applicable height limitations are hereby established for each
of the zones in question as follows:
(1)
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 660 feet above mean sea level.
(2)
Horizontal Surface Zone. Established at 150 feet above the established
airport elevation or at a height of 460 feet above mean sea level,
in the case of the Harrisburg International Airport.
(3)
Precision Instrument Runway Approach Surface Zone. Slopes 50
feet outward for each foot upward beginning 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.
(4)
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.
(5)
Runway Larger Than Utility With a Visibility Minimum as Low
as 3/4 Mile Nonprecision Instrument Approach Surface Zone. Sloped
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.
(6)
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.
(7)
Transitional Surface Zone. 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 310 feet above mean
sea level in the case of the Harrisburg International Airport. 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.
(8)
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.
(9)
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. Excepted height limitations. Nothing in this Part shall be construed
as prohibiting the construction or maintenance of any structure or
growth of any tree to a height up to 60 feet above the surface of
the land.
[Ord. 766, 5/16/1996, § 18.3]
1. Use Restrictions. Notwithstanding any other provision of this Part,
no use may be made of land or water within any zone established by
this Part 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.
2. Nonconforming Uses.
A. Regulations Not Retroactive. The regulations prescribed by this Part
shall not be construed to require the removal, lowering or other change
or alternation of any structure or tree not conforming to the regulations
as of the effective date of this Part or otherwise interfere with
the continuance of any nonconforming use, except as provided in this
Part 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 Part and is diligently executed.
B. 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 Borough Council of the Borough of Elizabethtown
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 of structures or objects.
[Ord. 766, 5/16/1996, § 18.4]
1. Future Uses.
A. Except as specifically provided in this section, 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 Part shall be granted unless a variance has been approved in accordance with Subsection
4 hereafter.
(1)
In the area lying within the limits of the horizontal zone and
conical zone, no permit shall be required for any tree of 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.
(2)
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 limits prescribed for such
approach zones.
(3)
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.
B. 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 Part, 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.
2. 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 Borough 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 Part or any amendments thereto
or than it is when the application for a permit is made.
3. Nonconforming Uses Abandoned or Destroyed. Whenever the Borough Council
of the Borough of Elizabethtown 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 to tree to exceed the applicable height limit or otherwise
deviate from this Part.
4. Variance.
A. 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 Zoning Hearing Board for a variance from the zoning regulations in question. A variance shall only be granted after the requirements of Subsections
6 and
7 hereafter 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 this Part. Any variance may be granted subject to any reasonable condition that the Zoning Hearing Board may deem necessary to effectuate the purposes of this Part.
B. 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 Part may be considered by the Zoning Hearing
Board 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 Zoning Hearing Board may act without such
input to grant or deny said application.
5. 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 Part and reasonable under the circumstances,
so condition the permit or variance as to required the owner of the
structure or object of natural growth in question to permit the Borough,
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 may be required by guidelines or regulations adopted
by the FAA.
6. 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 Part
to be submitted to the Zoning Officer shall be promptly considered
and granted or denied. Application for action by the Zoning Hearing
Board shall be forthwith transmitted by the Zoning Officer.
7. Notice to Department. Notwithstanding any other provision of law,
the Borough or board which decides to grant a permit or variance under
this Part 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 which the decision is
to issue.
[Ord. 766, 5/16/1996, § 18.5]
These airport hazard regulations shall be an overlay zoning
district to the existing zoning districts. All of the provisions of
the underlying zoning districts shall remain in full force, except
that these additional procedures and requirements of this Part also
apply. In the event of conflict between the regulations of this Part
and any other regulations applicable to the same area, whether the
conflict be with respect to the height of structures or trees, the
use of land or any other matter, and whether the other regulations
were adopted in this chapter, in another ordinance, by some other
municipality, by the State or Federal government or otherwise, the
more stringent limitation or requirement shall govern and prevail.
[Ord. 766, 5/16/1996, § 18.6]
For purposes of this Section, the Elizabethtown Zoning Hearing
Board is appointed as the Board of Appeals, to hear and decide appeals,
special exceptions and requests for variances pursuant to this Part.