[HISTORY: Adopted by the Board of Supervisors of the Township
of Nottingham 4-6-1987 by Ord.
No. 43. Amendments noted where applicable.]
A.
This chapter shall be known and may be cited as the "Finleyville
Airport Zoning Ordinance."
B.
An ordinance regulating and restricting the height of structures
and objects of natural growth, and otherwise regulating the use of
property in the vicinity of the Finleyville Airport. By creating the
appropriate zones and establishing the boundaries thereof; providing
for changes in the restrictions and boundaries of such zones; defining
certain terms used herein; referring to the Finleyville Airport Height
Limitation and Zoning District Map which is incorporated in and made
a part of this chapter; providing for enforcement; establishing a
Board of Adjustment; and imposing penalties.
A.
This chapter is adopted pursuant to the authority conferred by 1984
Pa. Laws 164, codified at 74 Pa.C.S.A § 5101 et seq. It
is hereby found that an obstruction has the potential for endangering
the lives and property of users of the Finleyville Airport, and property
or occupants of land in its vicinity; that an obstruction may affect
existing and future instrument approach minimums of the Finleyville
Airport; and that an obstruction may reduce the size of areas available
for the landing, takeoff, and maneuvering of aircraft, thus tending
to destroy or impair the utility of the Finleyville Airport and the
public investment therein. Accordingly, it is declared:
(1)
That the creation or establishment of an obstruction has the potential
of being a public nuisance and may injure the region served by the
Finleyville Airport;
(2)
That it is necessary in the interest of the public health safety,
morals and general welfare that the creation or establishment of obstructions
that are a hazard to air navigation be prevented; and
(3)
That the prevention of these obstructions should be accomplished,
to the extent legally possible, by the exercise of the police power
without compensation.
B.
It is further declared that the prevention of the creation or establishment
of hazards to air navigation, the elimination, removal, alteration
or mitigation of hazards to air navigation, or the marking and lighting
of obstructions are public purposes for which a political subdivision
may raise and expend public funds and acquire land or interests in
land.
The following words and phrases when used in this chapter shall
have the meanings given to them in this section unless the context
clearly indicates otherwise:
Any contrivance, except an empowered hang-glider or parachute,
used for manned ascent into or flight through the air. See 74 Pa.C.S.A. § 5102.
Refers to the Finleyville 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 on air navigation facilities or
rights-of-way, together with all airport buildings and facilities
thereon. See 74 Pa.C.S.A. § 5102. As used herein the term
"airport" shall not include heliports. Private and public airports
are defined separately in this section.
The highest point of an airport's usable landing area measured
in feet from sea level. Here, 1,240 feet above mean sea level.
Any area of land or water upon which a hazard to air navigation
(an airport hazard) might be established if not prevented as provided
by this chapter and the 1984 Pa. Laws 164.
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 zone height limitation slope set forth in § 97-5 of this chapter. In plan, the perimeter of the approach surface coincides with the perimeter of the approach zone.
These zones are shown in the illustration (Isometric View of Airport Zones) below and set forth in § 97-4 of this chapter.
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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.
Pennsylvania Department of Transportation.
Federal Aviation Administration of the United States Department
of Transportation.
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
"airport hazard" in 74 Pa.C.S.A.. § 5102.
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.
A horizontal plane 150 feet above the established airport
elevation, the perimeter of which plane coincides with the perimeter
of the horizontal zone.
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 in § 97-5 of this chapter.
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 the
above.
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.
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 § 97-4 of this chapter. The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway center line.
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.
An airport which is either publicly or privately owned and
which is open to the public as defined in 74 Pa.C.S.A.. § 5102.
A defined area on 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.[1]
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.
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
and less.
A runway intended solely for the operation of aircraft using
visual approach procedures.
[1]
Note: The definition of "Structure" under 74 Pa.C.S.A. § 5102 does not include mobile objects, such as cranes, or immobile objects, such as earth formations. However, 74 Pa.C.S.A. § 5913(b) provides that, if adopted, a "more stringent limitation or requirement shall prevail." See also § 97-13B of this chapter.
A.
In order to carry out the provisions of this chapter, there are hereby
created and established certain airport zoning districts (AZDs) which
include all of the land lying beneath the approach surfaces, transitional
surfaces, horizontal surfaces, and conical surfaces as they apply
to the Finleyville Airport. Such zones are visually depicted on the
Height Limitation And Airport Zoning District Map prepared by the
Southwestern Pennsylvania Regional Planning Commission, and dated
Spring of 1986, which is attached to this chapter 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.
B.
The following AZDs are established for the Finleyville Airport.
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Airport Zoning Districts
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Primary Surface Zoning District
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AZD-1
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Utility Runway Visual Approach Zoning District
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AZD-2
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Transitional Zoning District (adjacent to approach zoning districts)
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AZD-3
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Horizontal Zoning District
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AZD-4
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Conical Zoning District
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AZD-5
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C.
The airport zoning districts for the Finleyville Airport are defined
as follows:
(1)
Primary Surface Zone (AZD-1). A surface longitudinally centered on
a runway. 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, for each runway,
in the following definitions.
(2)
Utility Runway Visual Approach Zone (AZD-2). The inner edge of this
approach zone coincides with the width of the primary surface and
is 250 feet wide.[1] The Approach 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.
[1]
Note: Appropriate runway type and dimension for the width
of the primary surface is set forth in Federal Aviation Regulation
Part 77, Objects Affecting Navigable Airspace, Dimensional Standards
Table, page 19, January 1975.
(3)
Transitional Zones (AZD-3). The Transitional Zones are the areas beneath the transitional surfaces. (See definition of "transitional surfaces" in § 97-3.)
(4)
Horizontal Zone (AZD-4). The Horizontal Zone is established by swinging
arcs of 5,000 feet radii[2] 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 Zone does not include the approach and
transitional zones.
[2]
Note: The radius of the arc is:
a) 5,000 feet for all runways designated utility or visual,
b) 10,000 feet for all others.
The radius of the arcs for each end of the runway shall be
the same. The radius used shall be the longest determined for either
end. See A Model Zoning Ordinance To Limit Height of Objects Around
Airports, published by the FAA, AC No. 150/5190-4 (August 1977) Appendix
1, page 6, Footnote 9.
(5)
Conical Zone (AZD-5). The Conical Zone is established as the area
that commences at the periphery of the horizontal zone and extends
outward therefrom a horizontal distance of 4,000 feet. Established
here by swinging arcs of 9,000 feet from the center of each end of
the primary surface of each runway.
Except as otherwise provided in this chapter, no structure shall
be erected, altered, or maintained, and no tree shall be allowed to
grow in any zone created by this chapter 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 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.
Transitional Zones. Slope 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 1,240 feet above mean sea
level. In addition to the foregoing, 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.
C.
Horizontal Zone. Established at 150 feet above the airport elevation
or at a height of 1,390 feet above mean sea level.
D.
Conical zone. Slopes 20 feet outward for each foot upward beginning
at the periphery of the horizontal zone and at 150 feet above the
airport elevation and extending to a height of 350 feet above the
airport elevation; here, 1,590 feet.
A.
Reasonableness. All airport zoning regulations adopted under this
chapter shall be reasonable; none shall impose any requirement or
restriction unless it is reasonably necessary to effectuate the purpose
of this chapter. In determining what regulations it may adopt, each
municipality and Joint Airport Zoning Board shall consider, among
other factors, the character of the flying operations expected to
be conducted at the airport, the nature of the terrain within the
airport hazard area, the character of the neighborhood and the uses
to which the property to be zoned is put and adaptable.
B.
Use restrictions. Notwithstanding any other provisions of this chapter,
no use may be made of land or water within any zone established by
this chapter 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.
C.
Nonconforming uses.
(1)
Regulations not retroactive. 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 any nonconforming use, except as provided in § 97-7 (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 chapter, and is diligently prosecuted.
(2)
Marking and lighting. Notwithstanding the preceding provision of
this section, the owner of any existing nonconforming structure or
tree is hereby required to permit the installation, operation, and
maintenance thereon of such markers and lights as shall be deemed
necessary by the airport manager 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 Finleyville Airport owner.
A.
Future uses.
(1)
Except as specifically provided in Subsection A(1)(a), (b) and (c) hereunder, 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 chapter shall be granted unless a variance has been approved in accordance with § 97-7D.
(a)
In the area lying within the limits of the horizontal zone and
conical zone, 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
zones.
(b)
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
such tree or structure would extend above the height limit prescribed
for such approach zones.
(c)
In the areas lying within the limits of the transition zones
beyond the perimeter of the horizontal zone, 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.
(2)
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 chapter.
B.
Existing uses. A permit shall be obtained before any existing use
or structure may be substantially changed, but no permit may be 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.
However, all regulations shall provide that 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 municipality authorizing the replacement or change. Applications
for permits shall only be granted unless to do so would allow the
establishment or creation of an airport hazard or permit a nonconforming
structure or object of natural growth or nonconforming use to be made
or become higher or become a greater hazard to air navigation than
it was when the applicable regulation was adopted, or than it is when
the application for a permit is made.
C.
Nonconforming uses abandoned or destroyed. Whenever the Zoning Officer
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 or tree to
exceed the applicable height limit or otherwise deviate from the zoning
regulations.
D.
Variances. Any person desiring to erect 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 this chapter, may apply to the Board of Adjustment for a variance from such regulations. A variance shall only be granted after the requirements of § 97-7 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, would not create a hazard to air navigation, but would do substantial justice, and would be in accordance with the spirit of this chapter. Additionally, no application for variance to the requirements of this chapter may be considered by the Board of Adjustment unless a copy of the application has been furnished to the airport manager for advice as to the aeronautical effects of the variance. If the airport manager does not respond to the application within 15 days after receipt, the Board of Adjustment may act on its own to grant or deny said application.
E.
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 chapter and reasonable under the circumstances,
so condition the permit or variance as 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 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.
A.
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 chapter
to be submitted to the Zoning Officer shall be promptly considered
and granted or denied. Application for action by the Board of Adjustment
shall be forthwith transmitted by the Zoning Officer.
B.
Notice to Department. Notwithstanding any other provision of law,
a municipality or board which decides to grant a permit or variance
under this chapter 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 upon which
the decision is to issue.
A.
Powers. There is hereby created a Board of Adjustment to have and
exercise the following powers:
(1)
To hear
and decide appeals from any order, requirement, decision, or determination
made by the Zoning Officer in the enforcement of this chapter;
(2)
To hear
and decide special exceptions to the terms of this chapter upon which
such Board of Adjustment under such regulations may be required to
pass; and
(3)
To hear
and decide specific variances.
B.
Creation; members; removal. Where a Zoning Board of Appeals or Adjustment
already exists, it may be appointed as the Board of Adjustment. Otherwise,
the Board shall consist of five members, each to be appointed for
a term of three years by the authority adopting the regulations and
to be removable by the appointing authority, for cause, upon written
charges and after a public hearing.
C.
Governing rules. The Board of Adjustment shall adopt rules for its
governance and in harmony with the provisions of this chapter. Meetings
of the Board of Adjustment shall be held at the call of the Chairperson
and at such other times as the Board of Adjustment may determine.
The Chairperson or, in the absence of the Chairperson, the Acting
Chairperson may administer oaths and compel the attendance of witnesses.
All hearings of the Board of Adjustment shall be public. The Board
of Adjustment shall keep minutes of its proceedings showing the vote
of each member upon each question or, if absent or failing to vote,
indicating such fact, and shall keep records of its examinations and
other official actions, all of which shall immediately be filed in
the office of the Zoning Officer and on due cause shown.
D.
Findings of fact; conclusions of law. The Board of Adjustment shall
make written findings of facts and conclusions of law giving the facts
upon which it acted and its legal conclusions from such facts in reversing,
affirming, or modifying any order, requirement, decision, or determination
which comes before it under the provisions of this chapter.
E.
Voting. The concurring vote of a majority of the members of the Board
of Adjustment shall be sufficient to reverse any order, requirement,
decision, or determination of the Zoning Officer or decide in favor
of the applicant on any matter upon which it is required to pass under
this chapter, or to effect variation to this chapter.
Where any airport hazard area appertaining to an airport is
located outside the territorial limits of the municipality encompassing
the airport, all of the municipalities involved may, by ordinance
or resolution, create a joint airport zoning board which shall have
the same power to adopt, administer and enforce airport zoning regulations
applicable to the airport hazard area in question as that vested (by
the police power) in the municipality within which the area is located.
Each joint airport zoning board shall have as members two representatives
appointed by each municipality participating in its creation and,
in addition, a Chairman elected by a majority of the members so appointed.
A.
Right to appeal. Any person aggrieved, or any taxpayer affected,
during the administration of this chapter, by any decision of the
municipality or Joint Zoning Hearing Board, may appeal to the Zoning
Board of Adjustment.
B.
Reasonable time requirement.
(1)
All appeals hereunder must be taken within a reasonable time as provided
by the rules of the Board of Adjustment, by filing with the Zoning
Officer a notice of appeal specifying the grounds thereof. The Zoning
Officer shall forthwith transmit to the Board of Adjustment all the
papers constituting the record upon which the action appealed from
was taken.
(2)
The Board of Adjustment shall fix a reasonable time for hearing appeals,
give public notice and due notice to the parties in interest, and
decide the same within a reasonable time. Upon the hearing, any party
may appear in person or by agent or by attorney.
C.
Stay of proceedings. An appeal shall stay all proceedings in furtherance
of the action appealed from unless the municipality or joint zoning
hearing board certifies to the Board of Adjustment, after the notice
of appeal has been filed with it, that, by reason of the facts stated
in the certificate, a stay would in its opinion cause imminent peril
to life or property. In such case, proceedings shall not be stayed
otherwise than by order of the Board of Adjustment on notice to the
municipality or Joint Zoning Appeal Board.
D.
Power to reverse, affirm or modify orders. The Board of Adjustment
may, in conformity with the provisions of this chapter, reverse or
affirm, in whole or in part, or modify the order, requirement, decision,
or determination appealed from and may make such order, requirement,
decision, or determination as may be appropriate under the circumstances.
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 by airport zoning regulations, the municipality within
which the property or nonconforming use is located, 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 chapter. 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 municipality making the purchase of 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.
A.
Incorporation. In the event that a municipality has adopted or hereafter
adopts a comprehensive zoning ordinance regulating, among other things,
the height of buildings, any airport zoning regulations applicable
to the same area or portion thereof may be incorporated in and made
a part of the comprehensive zoning regulations and be administered
and enforced in connection therewith.
B.
Conflicts. In the event of conflict between any airport zoning regulations
adopted under this chapter and any other regulations applicable to
the same area, whether the conflict be with respect to the height
of structures or trees, and the use of land, or any other matter,
and whether the other regulations were adopted by the municipality
which adopted the airport zoning regulations or by some other municipality
or otherwise, the more stringent limitation or requirement shall govern
and prevail.
Any person aggrieved, or any taxpayer affected, by any decision
of the Board of Adjustment may appeal to the Court of Common Pleas
as provided by law. In cases where applicable law does not provide
an appeal from a municipality to a board, a person or tax payer may
appeal from a decision of a municipality or joint airport zoning board,
as provided by law for similar zoning proceedings.
If any of the provisions of this chapter or the application
thereof to any person or circumstances are held invalid, such invalidity
shall not affect other provisions or applications of this chapter
which can be given effect without the invalid provisions. The provisions
of this chapter are declared to be severable.
A.
Use of language. Words of any gender used in this chapter shall be
held and construed to include any other gender, and words in the singular
shall be used to include the plural, unless the context otherwise
requires.
B.
Use of captions. The captions or headings of sections in this chapter
are inserted for convenience only, and shall not be considered in
construing the provisions herein if any question of intent should
arise.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any person who violates or permits a violation of this chapter
or any regulation, order, or ruling promulgated hereunder shall, upon
conviction in a summary proceeding brought before a Magisterial District
Judge under the Pennsylvania Rules of Criminal Procedure, be guilty
of a summary offense and shall be punishable by a fine of not more
than $1,000, plus costs of prosecution. In default of payment thereof,
the defendant may be sentenced to imprisonment for a term not exceeding
90 days. Each day or portion thereof that such violation continues
or is permitted to continue shall constitute a separate offense, and
each section of this chapter that is violated shall also constitute
a separate offense.
A.
Notice and hearing. No airport zoning regulations shall be adopted,
amended or changed except by action of the municipality or the joint
airport zoning board after a public hearing in relation thereto at
which parties in interest and citizens shall have an opportunity to
be heard. The notice shall be published once each week for two successive
weeks in a newspaper of general circulation in the municipality or
municipalities affected. The notice shall state the time and place
of the hearing and the particular nature of the matter to be considered
at the hearing. The first publication shall not be more than 30 days
nor less than 14 days from the date of the hearing.
B.
Effective date. Whereas the immediate operation of the provisions of this chapter is necessary for the preservation of the public health, safety, morals and general welfare, an emergency is hereby declared to exist, and this chapter shall be in full force and effect from and after its passage by the municipality and publication and posting as required by § 97-18A.
