The purpose of this article is to create an Airport District
Overlay that considers safety issues around the Allegheny 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.
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.
The following words and phrases when used in this article 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 elevation of the Allegheny County
Airport is 1,250 feet above mean sea level.
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 Part 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 article and
the Act 164 of 1984 (Pennsylvania Laws Relating to Aviation).
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 article 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.
NON-PRECISION 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 non-precision
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 article
or an amendment thereto.
OBSTRUCTION
Any structure, growth, or other object, including a mobile
object, which exceeds a limiting height set forth by this article.
PRECISION INSTRUMENT RUNWAY
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.
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.
There are hereby created and established certain zones within the Airport District Overlay Ordinance, defined in §
290-154 and depicted on Figure 1 and illustrated on the Pittsburgh International Airport
(PIT) Airspace Plan (Drawings 7a, 7b, and 7c of 19 of the PIT Airport
Master Plan, as amended), and on the Allegheny County Airport (AGC)
Airspace Plan (Drawings 6, 7, and 8 of 14 of the AGC Airport Master
Plan, as amended), all hereby adopted as part of this article, which
include:
E. Transitional Surface Zone.
Notwithstanding any other provisions of this article, 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 Pittsburgh International
Airport and the Allegheny County Airport.
The regulations prescribed by this article 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 article, 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 §
290-157 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.
Penalties prescribed in the Borough's underlying Zoning
Ordinance shall apply.
The appeal procedure shall be governed by the Borough's
underlying Zoning Ordinance.
Where there exists a conflict between any of the regulations
or limitations prescribed in this article and any other regulation
applicable to the same area, the more stringent limitation or requirement
shall govern and prevail.