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:
AIRCRAFT
Any contrivance, except an unpowered hang glider or parachute,
used for manned ascent into or flight through the air.
AIRPORT (CAPITAL CITY AIRPORT and HARRISBURG INTERNATIONAL AIRPORT)
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.
AIRPORT ELEVATION
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.
AIRPORT HAZARD
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.
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 article and
the Act 164 of 1984 (Pennsylvania Laws relating to aviation).
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 §
120-51 of this article. 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 to one 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 article 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 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 article
or an amendment thereto.
NON-PRECISION-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 non-precision-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 §
120-12 of this article.
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 §
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.
PRIVATE AIRPORT
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.
PUBLIC AIRPORT
An airport which is either publicly or privately owned and
which is open to the public, defined in 74 Pa.C.S.A. § 5102.
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 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 and 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
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. 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.
G. Transitional surface zones. The zones are established beneath the
transitional surfaces adjacent to each runway and approach surface
as indicated on the Height Limitation and Zoning District Map.
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.
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:
(a)
Capital City Airport: 347 feet above mean sea level.
(b)
Harrisburg International Airport: 310 feet above mean sea level.
(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.
H. Horizontal surface zone. Established at 150 feet above the established
airport elevation or at a height as follows:
(1) Capital City Airport: 497 feet above mean sea level.
(2) Harrisburg International Airport: 460 feet above mean sea level.
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:
(1) Capital City Airport: 697 feet above mean sea level.
(2) Harrisburg International Airport: 660 feet above mean sea level.
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.
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.