A.
The purpose of the East Washington Historic District Overlay is to
preserve the historic character of the neighborhood, promote continued
occupancy by residents living in the Historic District, conserve the
stock of residential property within the Borough of East Washington,
and maintain and foster community pride.
B.
Demolition of structures.
(1)
No building or structure within the Historic District shall be demolished,
razed (in whole or in part), removed or otherwise relocated without
a permit. Demolition, razing, removal or relocation of a building
or structure shall be regulated as a conditional use.
(2)
Any person wishing to demolish, raze, remove or relocate all or part of any building or structure within the Historic District shall submit to the Zoning Officer an application for a conditional use permit with, as an addendum, the information required by § 350-56 of this chapter attached to it.
(3)
The Code Enforcement Officer shall not issue a permit for the demolition,
razing, removal or relocation of all or part of any building or structure
in the Historic District until the Planning Commission reviews said
application and makes its recommendations to Borough Council and Borough
Council acts on said recommendation.
(4)
Upon receipt of said application, the Zoning Officer shall forward
a copy of said application and all materials submitted therewith to
the Planning Commission.
(5)
The Planning Commission shall consider said application at its next
regularly scheduled meeting or a special meeting. The Planning Commission
may require the submission of additional information to assist it
in reviewing said application.
(6)
The Planning Commission shall issue and submit, in writing, to Borough
Council within 30 days of the final meeting or special meeting at
which the permit application is reviewed, unless said time is extended
by agreement of the applicant, its recommendations concerning the
granting or denial of a conditional use. The Planning Commission shall
recommend that Borough Council either:
(7)
The Planning Commission's report to Borough Council, with the
Planning Commission's recommendation concerning the granting
or denial of a conditional use permit, shall contain the following:
(a)
A list of the surrounding buildings and structures, with their
general exterior characteristics.
(b)
The effect of the proposed demolition, razing, removal or relocation
upon the general historic and architectural nature of the Historic
District.
(c)
The opinion of the Planning Commission (including any dissent)
as to the appropriateness of the demolition, razing, removal or relocation
as it will preserve or destroy the historic aspect and nature of the
Historic District.
(d)
The specific recommendations of the Planning Commission as to
approval or disapproval of the conditional use.
(8)
If the Planning Commission fails to issue and submit its report and recommendation to Borough Council within the time limit prescribed by Subsection B(6) of this section, the Planning Commission shall be deemed to have submitted to Borough Council the Planning Commission's recommendation that Borough Council approve the conditional use.
(9)
Upon receipt of the written report from the Planning Commission,
Borough Council shall consider at its next regularly scheduled meeting
or at a special meeting whether to authorize the Code Enforcement
Officer to issue a permit for the work described in the application.
The Borough Secretary shall give the applicant 10 days' written
notice of the time and place of the meeting at which the application
is to be considered. The applicant shall have the right to attend
this meeting and to be heard by Borough Council.
(10)
If Borough Council approves the application, it shall authorize
the Code Enforcement Officer to issue to the applicant a permit for
the work described in the application. If Borough Council denies the
application, it shall communicate its denial to the Code Enforcement
Officer, who shall deny the application for a permit.
(11)
The applicant may appeal from the denial of a permit application
as provided by law. For purposes of appeal, the Code Enforcement Officer's
denial of the application for a building permit shall commence the
appeal period.
C.
Criteria for consideration.
(1)
In reviewing the permit application, the Planning Commission and
Borough Council shall consider only those matters which are pertinent
to the preservation of the historic and/or architectural aspect and
nature of the building or structure, site, area or Historic District,
including the following:
(2)
All other Borough ordinances, including zoning and subdivision ordinances.
A.
Purpose. The purpose of the Airport District Overlay is to create
an airport district overlay that considers safety issues around the
Washington County 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.
B.
Obstructions and high densities of residential use have the potential
for endangering the lives and property of users of Washington County
Airport and property or occupants of the land in its vicinity, obstructions
may affect existing and future instrument approach minimums of Washington
County Airport and obstructions may reduce the size of areas available
for the landing, takeoff and maneuvering of aircraft, thus tending
to destroy or impair the utility of Washington County Airport and
the public investment therein. Accordingly, it is declared that:
(1)
The creation or establishment of obstructions has the potential for
being public nuisances and injuring the region served by the Washington
County Airport.
(2)
The development of concentrated areas of housing in the immediate
vicinity of the Washington County Airport poses potential threats
to the safety of inhabitants.
(3)
It is necessary, in the interest of the public health, public safety
and general welfare, that the creation or establishment of obstructions
and population concentrations that are a hazard to air navigation
or human life is prevented.
(4)
The prevention of these obstructions and population concentrations
should be accomplished to the extent legally possible by the exercise
of the police power, without compensation.
C.
Relation to other zone districts. 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.
D.
Establishment of airport zones. In order to carry out the provisions
of this chapter, there are hereby created and established certain
zones that include all of the land lying beneath the approach surfaces,
transitional surfaces, horizontal surfaces and conical surfaces as
they apply to the Washington County Airport. These airport zones are
shown as an overlay on the Official Zoning Map kept on file by officials
of the City of Washington, Washington County, Pennsylvania, which
is 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:
(1)
Approach surface zone. The inner edge of this approach zone coincides
with the width of the primary surface and is 1,000 feet wide.
(2)
The western runway end (Runway 9) approach zone expands outward uniformly
to a width of 4,000 feet at a horizontal distance of 10,000 feet from
the primary surface sloping 34 feet outward for each foot upward.
Its center line is the continuation of the center line of the runway.
(3)
The easterly runway end (Runway 27) approach zone expands outward
uniformly to a width of 4,000 feet at a horizontal distance of 10,000
feet from the primary surface sloping 50 feet outward for each foot
upward and continues uniformly at a horizontal distance of 40,000
feet sloping 40 feet outward for each foot upward. Its center line
is the continuation of the center line of the runway.
(4)
Conical surface zone. This 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.
(5)
Horizontal surface zone. This zone is established at 150 feet above
the airport elevation or at a height of 1,334 feet above mean sea
level.
(6)
Primary surface zone. This zone is longitudinally centered on the
runway and comprises its entire length, as well as extending 200 feet
beyond each end of the runway at a width of 1,000 feet. The elevation
of any point on the primary surface is the same as the elevation of
the nearest point on the runway center line, which is 1,184 feet above
mean sea level.
(7)
Transitional surface zone. This zone 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 1,184 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.
E.
Permit applications.
(1)
As regulated by Act 164 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 section. 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 Subsection F.
(2)
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.
F.
Variance.
(1)
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:
(a)
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.
(b)
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 Subsection I.
(c)
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.
(2)
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.
(3)
No application for a variance to the requirements of this section
may be considered by the Zoning Hearing Board unless a copy of the
application has been furnished to the appropriate Washington County
Authority for advice as to the aeronautical effects of the requested
variance. If the appropriate Washington County Authority does not
respond to the application within 15 days after receipt, the Zoning
Hearing Board may act on its own to grant or deny said application.
G.
Use restrictions.
(1)
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 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 airport.
(2)
Except as specifically provided 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 utilizing the process described in Subsection F.
(3)
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.
(4)
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.
H.
Preexisting nonconforming uses. 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 provisions for nonconformities in Article IX herein), may only be reestablished consistent with the provisions herein.
I.
Obstruction marking and lighting. Any permit or variance granted pursuant to the provisions of this chapter may be conditioned according to the process described in Subsection F to require the owner of the structure or object of natural growth in question to permit Washington County, 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 chapter and any other regulation applicable to
the same area, the more stringent limitation or requirement shall
govern and prevail.
If any of the provisions of this chapter or the application
thereof to any person or circumstance are held invalid, such invalidity
shall not affect other provisions or applications of the chapter which
can be given effect without the invalid provision or application,
and to this end, the provisions of this chapter are declared to be
severable.
