[Added 5-8-2012 by Ord.
No. 2553]
The purpose of this article is to create an Airport District
Overlay that considers safety issues around the Allegheny County Airport
and Pittsburgh Monroeville Airport, regulates and restricts the heights
of constructed structures and objects of natural growth, creates appropriate
zones, establishing the boundaries thereof and providing for changes
in the restrictions and boundaries of such zones, creates the permitting
process for use within said zones and provides for enforcement, assessment
of violation penalties, an appeals process, and judicial review.
The Airport District Overlay shall not modify the boundaries
of any underlying zoning district. Where identified, the Airport District
Overlay shall impose certain requirements on land use and construction
in addition to those contained in the underlying zoning district.
The following words and phrases when used in this article shall
have the meaning given to them in this section unless the context
clearly indicates otherwise.
The highest point of an airport's usable landing area measured
in feet above sea level. The airport elevation of the Allegheny County
Airport is 1,250 feet above mean sea level and the Pittsburgh Monroeville
Airport at 1,187 feet above mean 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 in
14 CFR Part 77 and 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]
An imaginary surface longitudinally centered on the extended
runway center line and extending outward and upward from each end
of the primary surface. An approach surface is applied to each end
of the runway based on the planned approach. The inner edge of the
approach surface is the same width as the primary surface and expands
uniformly depending on the planned approach. The Approach Surface
Zone, as shown on Figure 1,[2] is derived from the approach surface.
Pennsylvania Department of Transportation Bureau of Aviation.
An imaginary surface extending outward and upward from the
periphery of the horizontal surface at a slope of 20 feet horizontally
to one foot vertically for a horizontal distance of 4,000 feet. The
Conical Surface Zone, as shown on Figure 1, is based on the conical
surface.[3]
Pennsylvania Department of Transportation (PennDOT).
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,[4] the datum shall be mean sea level elevation unless otherwise
specified.
An imaginary plane 150 feet above the established airport
elevation, that is constructed by swinging arcs of various radii from
the center of the end of the primary surface and then connecting the
adjacent arc by tangent lines. The radius of each arc is based on
the planned approach. The Horizontal Surface Zone, as shown on Figure
1,[5] is derived from the horizontal surface.
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 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 by this article.
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.
An imaginary surface longitudinally centered on the runway,
extending 200 feet beyond the end of paved runways or ending at each
end of turf runways. The elevation of any point on the primary surface
is the same as the elevation of the nearest point on the runway center
line. The Primary Surface Zone, as shown on Figure 1,[6] is derived from the primary surface.
A defined area of 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.
An imaginary surface that extends outward and upward from
the edge of the primary surface to the horizontal surface at a slope
of seven feet horizontally to one foot vertically (7:1). The Transitional
Surface Zone, as shown on Figure 1,[7] is derived from the transitional surface.
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.
[1]
Editor's Note: See 74 Pa.C.S.A. § 5101 et seq.
[2]
Editor's Note: Figure 1 is included as an attachment to this chapter.
[3]
Editor's Note: Figure 1 is included as an attachment to this chapter.
[4]
Editor's Note: The Zoning Map is on file in the Municipal
offices.
[5]
Editor's Note: Figure 1 is included as an attachment to this chapter.
[6]
Editor's Note: Figure 1 is included as an attachment to this chapter.
[7]
Editor's Note: Figure 1 is included as an attachment to this chapter.
There are hereby created and established certain zones within this article, defined in § 359-70 and depicted on Figure 1[1] and illustrated on the Pittsburgh-Monroeville Airport
(4G0) Airspace Plan (PaDOT 4G0 Part 77 Surface Overlay Map, as amended),
and on the Allegheny County Airport (AGC) Airspace Plan (Drawing 8
of 14 of the AGC Airport Master Plan, as amended), Figures 2, 3, and
4, all hereby adopted as part of this article,[2] which include:
A.
Approach Surface Zone.
B.
Conical Surface Zone.
C.
Horizontal Surface Zone.
D.
Primary Surface Zone.
E.
Transitional Surface Zone.
[1]
Editor's Note: Figure 1 is included as an attachment to this chapter.
[2]
Editor's Note: Said plans and figures are on file in the Municipal offices. See also Figure 1, which includes a number of drawings and is included as an attachment to this chapter.
A.
As regulated by Act 164[1] and defined by 14 CFR 77.13(a) (as amended or replaced), any person who plans to erect a new structure, to add to an existing structure, or to erect and maintain any object (natural or man-made), in the vicinity of the airport, shall first notify the Department's Bureau of Aviation (BOA) by submitting PennDOT Form AV-57 to obtain an obstruction review of the proposal at least 30 days prior to commencement thereof. The Department's BOA response must be included with this permit application for it to be considered complete. If the Department's BOA returns a determination of no penetration of airspace, the permit request should be considered in compliance with the intent of this article. If the Department's BOA returns a determination of a penetration of airspace, the permit shall be denied, and the project sponsor may seek a variance from such regulations as outlined in § 359-73.
[1]
Editor's Note: See 74 Pa.C.S.A. § 5101 et seq.
B.
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. No notice or review under this section
is required for any of the following construction or alteration:
(1)
Any object that would be shielded by existing structures of a permanent
and substantial character or by natural terrain or topographic features
of equal or greater height, and would be located in the congested
area of a city, town, or settlement where it is evident beyond all
reasonable doubt that the structure so shielded will not adversely
affect safety in air navigation.
(2)
Any antenna structure of 20 feet or less in height except one that
would increase the height of another antenna structure.
(3)
Any air navigation facility, airport visual approach or landing aid,
aircraft arresting device, or meteorological device, of a type approved
by the Administrator, or an appropriate military service on military
airports, the location and height of which is fixed by functional
purpose.
(4)
Any construction or alteration for which notice is required by any
other FAA regulation.
A.
Any request for a variance shall include documentation in compliance
with 14 CFR 77, Subpart B (FAA Form 7460-1 as amended or replaced).
Determinations of whether to grant a variance will depend on the determinations
made by the FAA and the Department's BOA as to the effect of the proposal
on the operation of air navigation facilities and the safe, efficient
use of navigable air space. In particular, the request for a variance
shall consider which of the following categories the FAA has placed
the proposed construction in:
(1)
No objection. The subject construction is determined to not exceed
obstruction standards and marking/lighting is not required to mitigate
potential hazard. Under this determination, a variance shall be granted.
(2)
Conditional determination. The proposed construction/alteration is determined to create some level of encroachment into an airport hazard area, which can be effectively mitigated. Under this determination, a variance shall be granted contingent upon implementation of mitigating measures as described in § 359-81, Obstruction marking and lighting.
(3)
Objectionable. The proposed construction/alteration is determined
to be a hazard and is thus objectionable. A variance shall be denied
and the reasons for this determination shall be outlined to the applicant.
B.
The Monroeville Zoning Hearing Board shall hear requests for variances
dependant upon the "no objections" or "conditional determination"
made by the FAA and the Department's BOA as to the effect of the proposal
on the operation of air navigation facilities and the safe, efficient
use of navigable air space. Applications for a variance shall be made
in writing on the prescribed form obtained from the Zoning Officer.
The Zoning Officer shall forward the application to the Board, which
shall determine a time and place of the hearing.
The Board shall conduct hearings and make decisions in accordance
with the following requirements:
A.
The public hearing shall commence within 60 days of the filing of
an administratively complete application;
B.
Public notice shall be given, and written notice shall be given to
the applicant, the Zoning Officer, such other persons as the Council
shall designate by ordinance and to any person who has made timely
request for the same. Written notices shall be given at such time
and in such manner as shall be prescribed by ordinance, or in absence
of ordinance provisions, by rules of the Board. In addition to the
written notice provided herein, written notice of said hearing shall
be conspicuously posted on the affected tract of land at least one
week prior to the hearing;
C.
The hearings shall be conducted by the Board or the Board may appoint
any member or an independent attorney as a hearing officer. The decision,
or, where no decision is called for, the findings shall be made by
the Board; however, the appellant or the applicant, as the case may
be, in addition to the Municipality, may, prior to the decision of
the hearing, waive decision or findings by the Board and accept the
decision or findings of the hearing officer as final;
D.
The parties to the hearing shall be the Municipality, any person
affected by the application who has made timely appearance of record
before the Board, and any other person including civic or community
organizations permitted to appear by the Board;
E.
The Chairman or acting Chairman of the Board or the hearing officer
presiding shall have power to administer oaths and issue subpoenas
to compel the attendance of witnesses and the production of relevant
documents and papers, including witnesses and documents requested
by the parties;
F.
The parties shall have the right to be represented by counsel and
shall be afforded the opportunity to respond and present evidence
and argument and cross-examine adverse witnesses on all relevant issues;
G.
Formal rules of evidence shall not apply, but irrelevant, immaterial
or unduly repetitious evidence may be excluded;
H.
The Board or hearing officer, as the case may be, shall keep a stenographic
record of the proceedings, and a transcript of the proceedings and
copies of graphic or written material received in evidence shall be
made available to any party at cost; and
I.
The Board or hearing officer shall not communicate, directly or indirectly,
with any party or his representative in connection with any issue
involved except upon notice and opportunity for all parties to participate,
shall not take notice of any communication, report, staff memoranda,
or other materials, except advice from their solicitor, unless parties
are afforded an opportunity to contest the materials, so noticed,
and shall not inspect the site or its surroundings after the commencement
of hearings with any party or his representative unless all parties
are given an opportunity to be present.
Jurisdiction. The Zoning Hearing Board shall have exclusive
jurisdiction to hear and render final adjudication in the following
matters:
B.
Challenges to the validity of this article raising procedural questions
or alleged defects in the process of enactment or adoption which challenges
shall be raised by an appeal taken within 30 days after the effective
date of this article or any amendment thereto;
C.
Appeals from the determination of the Zoning Officer, including,
but not limited to, the granting or denial of any permit, or failure
to act on the application therefore, the issuance of any enforcement
notice or the registration or refusal to register any nonconforming
use, structure or lot;
D.
Appeals for variance of the terms of this article;
F.
Applications for the extension or expansion of legally existing nonconforming
use.
A.
No person shall be allowed to file any proceeding with the Board
later than 30 days after an application for development, preliminary
or final, has been approved by an appropriate Municipal officer, agency
or body, if such proceeding is designed to secure reversal or to limit
the approval in any manner, unless such person alleges and proves
he had no notice, knowledge or reason to believe such approval had
been given. If such person has succeeded to his interest after such
approval, he shall be bound by the knowledge of his predecessor interest;
B.
The failure of anyone, other than the landowner, to appeal from an
adverse decision by the Zoning Officer on a challenge to the validity
of this article or Zoning Map pursuant to Section 916.2 of the MPC,[1] shall preclude an appeal from a final approval, except
in the case where the final submission substantially deviates from
the approved tentative or preliminary approval; and
[1]
Editor's Note: See 53 P.S. § 10916.2.
C.
The landowner shall file any appeals from determinations adverse
to the landowner within 30 days after notice of the determination
is issued, except appeals of the Zoning Officer's issuance of an enforcement
notice, which shall be filed within 10 days after receipt of the enforcement
notice.
A.
Upon the filing of any proceedings referred to in this chapter and
during its pendency before the Board, all land development pursuant
to any challenged ordinance, order or approval of the Zoning Officer
or any other Municipal agency or body and all official action thereunder
shall be stayed unless the Zoning Officer or any other appropriate
Municipality agency or body certifies to the Board facts indicating
that such a stay would cause imminent peril to life or property, in
which case the development or official action shall not be stayed
otherwise than by a restraining order, which may be granted by the
Board or other appropriate agency or body; and
B.
When an application for development, preliminary or final, has been
duly approved and persons other than the applicant file proceedings
designed to reverse or limit the approval with the Board, the applicant
may petition the court having jurisdiction of zoning appeals to order
such persons to post bond as a condition to continuing the proceedings
before the Board.
Notwithstanding any other provisions of this article, no use
shall be made of land or water within the Airport District Overlay
in such a manner as to create electrical interference with navigational
signals or radio communications between the airport and aircraft,
make it difficult for pilots to distinguish between airport lights
and others, impair visibility in the vicinity of the airport, create
bird strike hazards or otherwise endanger or interfere with the landing,
takeoff or maneuvering of aircraft utilizing the Allegheny County
Airport or Pittsburgh Monroeville Airport.
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 a nonconforming use. No nonconforming use shall be structurally
altered or permitted to grow higher, so as to increase the nonconformity,
and a nonconforming use, once substantially abated (subject to the
underlying Zoning Ordinance) may only be reestablished consistent
with the provisions herein.
Any permit or variance granted pursuant to the provisions of this article may be conditioned according to the process described in § 359-73 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 requesting the permit or variance, to install, operate, and maintain such marking or lighting as deemed necessary to assure both ground and air safety.
Where a conflict exists between any of the regulations or limitations
prescribed in this article and any other regulation applicable to
the same area, the more stringent limitation or requirement shall
govern and prevail.
Any person, partnership or corporation who or which shall violate
the provisions of this article shall, upon conviction thereof in a
summary proceeding, be sentenced to pay a fine of not more than $500.
In default of payment of the fine, such person, the members of such
partnership, or the officers of such corporation shall be liable to
imprisonment for not more than 60 days. Each day that a violation
is continued shall constitute a separate offense.
