[HISTORY: Adopted by the City Council of the City of Harrisburg 7-8-2014 by Ord. No. 5-2014.[1] Amendments noted where applicable]
[1]
Editor's Note: This ordinance also repealed former Part Three,
7-300, composed of Ord. Nos. 112-1964, 17-1965, 79-1965, 13-1974,
29-1974, 30-1974, 13-1977, 26-1977, 19-1985, 6-1988, 25-1993, 26-1995,
10-1996, 61-1996 and 3-2012, as amended.
The regulations and standards contained in this chapter shall
apply to all applications to:
The purpose and intent of the Airport Zoning Overlay District
is to:
A.Â
Create an overlay district that considers safety issues around the
Capital City Airport (CXY) and Harrisburg International Airport (MDT);
B.Â
Regulate and restrict the heights of established uses, constructed
structures, and objects of natural growth;
C.Â
Create a permitting process for certain uses, structures, and objects
within said related zones.
The Airport Zoning Overlay District shall not modify the boundaries
of any other overlay zoning district. Where identified, the Airport
Zoning Overlay District shall impose certain requirements on land
use, construction and development in addition to those contained in
the applicable underlying zoning district and/or applicable overlay
zoning district for the same area.
For purposes of this chapter, the terms that follow shall have
the definitions indicated:
The highest point of an airport's usable landing area
measured in feet above sea level. The airport elevation for Harrisburg
International Airport is 310 feet; the airport elevation for Capital
City Airport is 347 feet.
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 chapter and
Act 164 of 1984.[1]
Any area of land or water which is used, or intended to be
use, 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 for 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.
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.
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,[3] is based on the conical surface.
Pennsylvania Department of Transportation.
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 chapter and shown on the Zoning Map, 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,[4] 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 chapter
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 chapter.
A runway having an existing instrument approach procedure
utilizing an instrument landing system (ILS) or a precisions 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,[5] 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. The transitional
surface zone, as shown on Figure 1,[6] 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: Figure 1 is included as an attachment to this chapter.
[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.
Wherever and whenever the requirements of this chapter are at
variance with the requirements of any other chapter and/or section
of this Zoning Code, the most restrictive, or that imposing the higher
standards, shall govern.
There are hereby created and established certain zones within
the Airport Zoning Overlay District, depicted on Figure 1[1] and illustrated on the "City of Harrisburg, Dauphin County,
PA: Airport Zoning Overlay District Map" as follows:
A.Â
Approach Surface Zone.
B.Â
Conical Surface Zone.
C.Â
Horizontal Surface Zone.
D.Â
Primary Surface Zone.
E.Â
Transitional Surface Zone.
[1]
Editor's Note: Figure 1 is included as an attachment to this chapter.
A.Â
As regulated by Act 164 and defined by 14 Code of Federal Regulations
Part 77.13(2) (as amended or replaced), applicants for a permit in
the Airport Zoning Overlay District to:
(1)Â
Erect a new structure whose height surpasses that of surrounding
structures;
(2)Â
Add to or increase the height of an existing structure; or
(3)Â
Establish, erect, and/or maintain any use, structure, or object
(natural or man-made), in the Airport Zoning Overlay District:
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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 Overlay Ordinance. 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 Section 7-313.8.
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B.Â
Exceptions. In the following circumstances notification of a permit
and submission of Form AV-57 to PennDOT's Bureau of Aviation
(BOA) shall not be required:
(1)Â
In areas lying within the overlay zone for the Harrisburg International
Airport, as depicted on the Airport Zoning Overlay District Map,[1] no approval shall be required for any tree or structure
less than 200 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 limit prescribed for such
zones.
[1]
Editor's Note: Said map is on file in the City offices.
(2)Â
In areas lying within the overlay zone for the Capital City
Airport, as depicted on the Airport Zoning Overlay District Map, no
approval shall be required for any tree or structure less than 100
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 limit prescribed for such zones.
(3)Â
Applications to make maintenance repairs to or to replace parts
of existing structures which do not enlarge or increase the height
of an existing structure.
A.Â
In addition to the provisions set forth in the Zoning Code relating
to variances, any request for a variance shall include documentation
in compliance with 14 Code of Federal Regulations Part 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)Â
No objection. The subject construction is determined not exceed
obstruction standards and marking/lighting is not required to mitigate
potential hazard. Under this determination a variance shall be granted.
(2)Â
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 Section 7-313.11, Obstruction marking and lighting.
(3)Â
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.Â
Such requests for variances shall be granted where it is duly found
that a literal application or enforcement of the regulations will
result in unnecessary hardship and that relief granted will not be
contrary to the public interest, will not create a hazard to air navigation,
will do substantial justice, and will be in accordance with the intent
of this chapter.
Notwithstanding any other provisions of this chapter, no use
shall be made of land or water within the Airport Zoning Overlay District
in such a manner as to:
A.Â
Create electrical interference with navigational signals or radio
communications between the airport and aircraft;
B.Â
Make it difficult for pilots to distinguish between airport lights
and others;
C.Â
Impair visibility in the vicinity of the airport;
D.Â
Create bird strike hazards; or
E.Â
Otherwise endanger or interfere with the landing, takeoff or maneuvering
of aircraft utilizing the airport(s).
The regulations prescribed by this chapter 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 chapter, 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 reverted to a conforming use, subject to the provisions of § 7-303.2 of the Zoning Code, may only be reestablished consistent with the provisions herein.
Any permit or variance granted pursuant to the provisions of this chapter may be conditioned according to the process described in Section 7-313.8 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.
Any person who fails to comply with any or all of the requirements or provisions of this chapter shall be subject to the enforcement and penalty provisions of Chapter 7-701 of Planning and Zoning Code.
