The regulations and standards contained in this article shall
apply to all applications to:
B. Add to or increase the height of an existing structure; and
C. Establish, erect, and/or maintain any use, structure, or object (natural
or man-made), within the Airport Zoning Overlay District of the Borough
of Middletown, Dauphin County, Pennsylvania.
The purpose and intent of the Airport Zoning Overlay District
is to:
A. Create an overlay district that considers safety issues around the
Capital City Airport (CXY) and Harrisburg International Airport (MDT);
B. Regulate and restrict the heights of established uses, constructed
structures, and objects of natural growth;
C. 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.
The following words and phrases when used in this chapter shall
have the meaning given to them in this section unless the context
clearly indicates otherwise.
AIRPORT ELEVATION
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.
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 in
14 CFR 77 and 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 chapter and
the Act 164 of 1984 (Pennsylvania Laws Relating to Aviation).
AIRPORT(S) [HARRISBURG INTERNATIONAL AIRPORT (MDT) AND CAPITAL
CITY AIRPORT (CXY)]
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 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.
APPROACH SURFACE (ZONE)
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, is derived from the approach surface.
CONICAL SURFACE (ZONE)
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.
DEPARTMENT
Pennsylvania Department of Transportation.
FAA
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 chapter and shown on the Zoning Map, the datum shall
be mean sea level elevation unless otherwise specified.
HORIZONTAL SURFACE (ZONE)
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, is derived from the horizontal surface.
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.
NONPRECISION 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 chapter
or an amendment thereto.
OBSTRUCTION
Any structure, growth, or other object, including a mobile
object, which exceeds a limiting height set forth by this chapter.
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 (ZONE)
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, is derived from the primary surface.
RUNWAY
A defined area of 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 SURFACE (ZONE)
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, is derived from the transitional surface.
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.
Wherever and whenever the requirements of this article are at
variance with the requirements of any other section of this chapter,
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, defined in this chapter and depicted
on Figure 1 and illustrated on the Borough of Middletown, Dauphin
County, PA: Airport Zoning Overlay District Map as follows:
E. Transitional Surface Zone.
Notwithstanding any other provisions of this chapter, no use
shall be made of land or water within the Airport District Overlay
in such a manner as to:
A. Create electrical interference with navigational signals or radio
communications between the airport and aircraft;
B. Make it difficult for pilots to distinguish between airport lights
and others;
C. Impair visibility in the vicinity of the airport;
D. Create bird strike hazards; or
E. 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 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 §
260-233E 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.