The purpose of this Airport Overlay District is to consider
safety issues around the airport, regulate and restrict the height
of constructed structures and objects of natural growth, create appropriate
zones, establish the boundaries thereof and provide for changes in
the restrictions and boundaries of such zones, create the permitting
process for use within said zones and provide for enforcement, assessment
of violation penalties, an appeals process, and judicial review.
As used in this article, the following terms shall have the meanings and shall supersede definitions as contained in Article II, Land Use Definitions, of this chapter, unless the context clearly indicates otherwise:
Any contrivance, except an unpowered hang glider or parachute,
used for manned ascent into or flight through the air.
Harrisburg International and Capital City Airports, and any
area of land or water which is used or intended to be used for the
landing and takeoff of aircrafts, 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.
The highest point of an airport's usable landing area measures
in feet above sea level. The airport elevation of the Harrisburg International
Airport is 310 feet; 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 of an aircraft.
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 Airport Zoning Act, 74 Pa. C.S.A. § 5911 et seq.
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.
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.
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, is derived from the horizontal surface.
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 preexisting structure, object of natural growth, or use
of land which is inconsistent with the provisions of this chapter
or an amendment thereto.
Any structure, growth, or other object, including a mobile
object, which exceeds a limiting height set forth in this article.
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.
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.
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.
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 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 formations and overhead transmission lines.
An imaginary surface that extends outward and upward from
the edge of the primary and approach surfaces 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.
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.
In order to carry out the provisions of this chapter, there
are hereby created and established certain zones which include all
lands lying beneath the approach surfaces, transitional surfaces,
horizontal surfaces and conical surfaces as they apply to the Harrisburg
International and Capital City Airports. Such zones are shown on the
Harrisburg International and Capital City Airport Height Limitation
and Zoning District Maps, prepared by the Pennsylvania Department
of Transportation, Bureau of Aviation, which, by reference, is made
a part of this article. 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 hereby include:
A.
As regulated by Act 164 and defined by 14 Code of Federal Regulations
Part 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 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 6.
B.
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.
A.
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)
No objection. The subject construction is determined not to
exceed obstruction standards, and marking/lighting is not required
to mitigate potential hazard. Under this determination, a variance
shall be granted.
(2)
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 9, Obstruction Marking and Lighting.
(3)
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.
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 Overlay District
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.
The regulations prescribed in 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 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 § 245-12.5. (Variance) to require the owner of the structure or object of natural growth in question to permit the municipality, at the owner's expense, or require the person requesting the permit or variance to install, operate, and maintain such marking or lighting as deemed necessary to ensure both ground and air safety.
A.
Local enforcement. It shall be the duty of the Zoning Officer to
administer and enforce the regulations prescribed herein. Applications
for permits and variance shall be made to the Zoning Officer upon
a form published for that purpose. Applications required by this article
to be submitted to the Zoning Office shall be promptly considered
and granted or denied. Application for action by the Zoning Hearing
Board shall be forthwith transmitted by the Zoning Officer.
B.
Notice to Department of Transportation. Notwithstanding any other
provision of law, a municipality or board which decides to grant a
permit or variance under this article shall notify the Pennsylvania
Department of Transportation, Bureau of Aviation, of its decision.
This notice shall be in writing and shall be sent so as to reach the
Department at least one day before the date upon which the decision
is to be issued.
|
Figure 1: Part 77 Surface Areas
 |
