A. 
Applicability. This article recognizes that to prevent the creation or establishment of airport hazards, State law requires every municipality having an airport hazard area within its territorial limits to adopt, administer and enforce, airport zoning regulations for such airport hazard area. These regulations divide the area into zones and, within the zones, regulate the height to which structures may be erected or objects of natural growth may be allowed to grow. This Article XX only modifies the maximum height of allowed structures and other regulated items within the airport approach areas, and does not change the underlying zoning in any other way.
B. 
Purposes. To carry out the Pennsylvania Airport Zoning Act of 1984, as amended,[1] and to prevent hazards and obstructions to air transportation.
[1]
Editor's Note: See 74 Pa.C.S.A. § 5911 et seq.
The following definitions shall apply for the purposes of this Article XX:
AIRCRAFT
Any contrivance, except an unpowered hang glider or parachute, used for manned ascent into or flight through the air.
AIRPORT
Any other 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 or rights-of-ways, 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.
AIRPORT ELEVATION
The highest point of an airport's usable landing area measured in feet above 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 within the definition of "airport hazard" in the Airport Zoning Act.
AIRPORT HAZARD AREA
Any area of land or water upon which an airport hazard might be established if not prevented as provided forth in this article and the Airport Zoning Act.
APPROACH SURFACE (ZONE)
An imaginary surface longitudinally centered on the extended runway center line, extending outward and upward from the end of the primary surface. An approach surface zone is the same width as the primary surface and expands uniformly depending on the planned approach.
CONICAL SURFACE (ZONE)
An imaginary 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. The conical surface zone is based on the conical surface.
FAA
Federal Aviation Administration.
HEIGHT
For the purpose of determining the height limits on all Airport Surface Zones set forth in this article and shown on the Airport Surface Areas 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 of 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 horizontal surface zone 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
A use, whether of land, of an object of natural growth, or of structure, which does not comply with the applicable use provisions in this article, or amendment heretofore or hereafter enacted, where such use was lawfully in existence prior to the enactment of this article or amendment, or prior to the application of this article or amendment to its location by reason of annexation.
OBSTRUCTION
Any structure, growth, or other object, including a mobile object, which exceeds a limiting height set forth in this article.
PERSON
An individual, firm partnership, corporation, company, association, joint-stock association, governmental entity, or other legal entity; includes a trustee, a receiver, an assignee, or a similar representative of any of them.
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 a runway. When the runway has a specially prepared hard surface, the primary surface extends 200 feet beyond each end of that runway. The width of the primary surface is set forth in this article. The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway center line.
PRIVATE AIRPORT
An airport which is privately owned and which is not open or intended to be open to the public as defined in the Airport Zoning Act.
PUBLIC AIRPORT
An airport which is either publicly or privately owned and which is open to the public as defined in the Airport Zoning Act.
RUNWAY
A defined area on an airport prepared for landing and takeoff of aircraft along its length.
STRUCTURE
Any man-made object having an ascertainable stationary location on or in land or water, or being mobile, whether or not affixed to the land, including without limitation, buildings, towers, cranes, smokestacks, earth formations and overhead transmission lines.
TRANSITIONAL SURFACES (ZONE)
An imaginary surface that extends 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.
TREE
An object of natural growth that may have a mature height greater than 50 feet.
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.
The areas shown on the Airport Surface Zones Map shall serve as overlay Zoning Districts. Such overlay regulations shall apply in addition to the underlying District regulations. If the overlay and underlying District regulations conflict regarding the same matter, the regulation that is most restrictive upon height and/or the control of hazards shall apply.
There are hereby created and established certain zones which include all of the land lying beneath the approach surfaces, transitional surfaces, horizontal surfaces and conical surfaces as they apply to an airport. Such zones shall apply as shown on the Airport Surface Areas Map, which is incorporated herein by reference. 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.
A. 
Approach Surface Zone.
B. 
Transitional Surface Zone.
C. 
Horizontal Surface Zone.
D. 
Conical Surface Zone.
E. 
Primary Surface Zone.
A. 
Except as otherwise provided in this article, no structure shall be erected, altered, or maintained, and no tree shall be allowed to grow in any zone created by this article 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 according to the Airport Surface Areas Map, including but not limited to the following:
B. 
Excepted height limitations. Nothing in this chapter shall be construed as prohibiting the construction or maintenance of any structure or growth of any tree to a height up to 50 feet above the surface of the land.
A. 
Use restrictions. Notwithstanding any other provisions of this article, no use may be made of land or water within any zone established by this article in such 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.
B. 
Nonconforming uses.
(1) 
Regulations not retroactive. 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 any nonconforming use, except as provided in § 550-122 (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 article, and is diligently executed.
(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 or nearby of such markers and lights as necessary by the Zoning Officer in response to a written request in an official review by airport or aviation authorities, in order to indicate to the operators of aircraft the presence of such airport obstruction. Such markers and lights shall be installed, operated, and maintained at the expense of the owner of the structure or tree.
A. 
New and expanded structures. Except as specifically provided in Subsection A(1) through (3) below, no structure shall be erected or extended higher than 50 feet above the ground level (unless a taller standard is established below) within an Airport Surface Zone unless there has been an application for a zoning permit, and a determination of compliance with the requirements of this article. No permit for a use inconsistent with the provisions of this article shall be granted unless a variance has been approved in accordance with Subsection C below. Also, a tree shall not be allowed to grow in a manner that intrudes into an airport surfaces zone.
(1) 
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.
(2) 
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, because of terrain, land contour or topographic features, such tree or structure would extend above the height limit prescribed for such approach zones.
(3) 
In the areas lying within the limits of the transition zones beyond the perimeter of the horizontal zones, 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.
(4) 
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 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 Bureau's BOA response must be included with this permit application for it to be considered complete. If the Bureau's BOA returns a determination of no penetration of air space, the permit request should be considered in compliance with the intent of this overlay ordinance. If the Bureau's BOA returns a determination of a penetration of air space, the permit shall be denied, and the project sponsor may seek a variance from such regulations.
B. 
Nonconforming structures. Before any structure that does not conform to the height requirements of this article may be replaced or extended in height, a zoning permit must be secured. No permit shall be granted that would allow a nonconforming structure or tree to become a greater hazard to air navigation than it was on the effective date of this article.
(1) 
Existing structures that are nonconforming in regards to the height requirements of this article may be modified, repaired and maintained, provided that the height is not increased, unless there is proof of compliance with this article.
C. 
Variance. Any person desiring to erect any structure or increase the height of any structure or use his/her property in violation of this article may apply for a variance from the zoning regulations in question. 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 article. Any variance may be granted subject to any reasonable conditions that the Zoning Hearing Board may deem necessary to effectuate the purposes of this article. Notwithstanding any other provision of law, if the Zoning Hearing Board decides to grant a permit or variance under this article, it shall notify the Bureau of Aviation in writing of its decision.
D. 
Any request for a variance shall include documentation in compliance with Title 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 Bureau of Aviation 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 to not 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, such as obstruction marking and lighting.
(3) 
Objectionable. The proposed construction/alteration is determined to be a hazard and is this objectionable. A variance shall be denied and the reasons for this determination shall be outlined to the applicant.
E. 
Additionally, no application for variance to the requirements of this article may be considered by the Zoning Hearing Board unless a copy of the application has been furnished to the Airport Manager (or person of equivalent role) for advice as to the aeronautical effects of the variance. If the Airport Manager (or person of equivalent role) does not respond to the application within 15 days after receipt, the Zoning Hearing Board may act without such input to grant or deny said application.
F. 
Hazard marking and lighting. Structures shall be illuminated where required by regulations of the FAA. In addition, when granting a variance under this section, the Zoning Hearing Board may (based upon professional review letters), establish a condition on the variance to require the owner of the structure or object of natural growth to install, operate and maintain thereon, at the owner's expense, markers and lights consistent with standards of the FAA.
G. 
Conflicts. In the event of a direct conflict between this article and any other regulations of the City, the more stringent requirement upon height and use of the property shall prevail.
The Zoning Hearing Board shall, in addition to the other powers granted to it, have and exercise the following powers:
A. 
To hear and decide appeals from any determination made by the Zoning Officer in the enforcement of this article; and
B. 
To hear and decide specific requests for variances to provisions of this article.