The following words and phrases, when used in
this Article, shall have the meaning given to each herein 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.
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 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.
Eight hundred thirty feet, the highest point of an airport's
usable landing area, measured in feet above sea level.
Any structure or object, natural or manmade, 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
by "airport hazard" in 74 Pa.C.S.A. § 5102.
Any area of land or water upon which an airport hazard might
be established if not prevented as provided for in this chapter and
Act 164 of 1984 (Pennsylvania laws relating to aviation).
A surface longitudinally centered on the extended runway center line, extending outward and upward from the end of the primary surface and at the same slope as the approach surface zone height limitation slope set forth in § 173-126 of this chapter. In plan, the perimeter of the "approach surface" coincides with the perimeter of the approach surface zone.
These zones are set forth in § 173-126 of this chapter.
A surface extending outward and upward from the periphery
of the horizontal surface at a slope of 20:1, for a horizontal distance
of 4,000 feet.
The Pennsylvania Department of Transportation.
The 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.
A horizontal plane 150 feet above the established airport
elevation, the perimeter of which in plan coincides with the perimeter
of the horizontal surface zone.
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.
Any pre-existing structure, object of natural growth, or
use of land which is inconsistent with the provisions of this chapter
or an amendment thereto.
A runway having an existing instrument approach procedure
utilizing air navigation equipment, for which a straight-in nonprecision
instrument approach procedure has been approved or planned.
Any structure, growth or other object, including a mobile object, which exceeds a limiting height set forth in § 173-127 of this chapter.
An individual, firm, partnership, corporation, company, association,
joint-stock association or governmental entity; includes a trustee,
a receiver, an assignee or similar representative.
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.
A 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. For military runways or when the runway has no specially prepared hard surface or planned hard surface, the "primary surface" ends at each end of that runway. The width of the "primary surface" is set forth in § 173-126 of this chapter. The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway center line.
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 on 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 formation and overhead transmission lines.
These surfaces extend outward at ninety-degree 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
ninety-degree angles to the extended runway center line.
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 Sayre Airport. Such zones are shown on the Sayre Airport Height
Limitation and Zoning District Map prepared by the Pennsylvania Department
of Transportation, Bureau of Aviation, and dated Spring 1989, which
by reference is made a part of this chapter. 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:
A.
Utility Runway Visual Approach Surface Zone: established
beneath the visual approach surface. The inner edge of this zone coincides
with the width of the primary surface and is 250 feet wide. The zone
expands outward uniformly to a width of 1,250 feet at a horizontal
distance of 5,000 feet from the primary surface. Its center line is
the continuation of the center line of the runway.
B.
Utility Runway Nonprecision Instrument Approach Surface
Zone: established beneath the nonprecision instrument approach surface.
The inner edge of this zone coincides with the width of the primary
surface and is 500 feet wide. The zone expands outward uniformly to
a width of 2,000 feet at a horizontal distance 5,000 feet from the
primary surface. Its center line is the continuation of the center
line of the runway.
C.
Runway Larger Than Utility Visual Approach Surface
Zone: established beneath the visual approach surface. The inner edge
of this zone coincides with the width of the primary surface and is
500 feet wide. The zone expands outward uniformly to a width of 1,500
feet a horizontal distance of 5,000 feet from the primary surface.
Its center line is the continuation of the center line of the runway.
D.
Runway Larger Than Utility With A Visibility Minimum
Greater Than Three-Fourths Mile Nonprecision Instrument Approach Surface
Zone: established beneath the nonprecision instrument approach surface.
The inner edge of this zone coincides with the width of the primary
surface and is 500 feet wide. The zone expands outward uniformly to
a width of 3,500 feet at a horizontal distance of 10,000 feet from
the primary surface. Its center line is the continuation of the center
line of the runway.
E.
Runway Larger Than Utility With A Visibility Minimum
As Low As Three-Fourths Mile Nonprecision Instrument Approach Surface
Zone: established beneath the nonprecision instrument approach surface.
The inner edge of this zone coincides with the width of the primary
surface and is 1,000 feet wide. The zone expands outward uniformly
to a width of 4,000 feet at a horizontal distance of 10,000 feet from
the primary surface. Its center line is the continuation of the center
line of the runway.
F.
Precision Instrument Runway Approach Surface Zone:
established beneath the precision instrument approach surface. The
inner edge of this zone coincides with the width of the primary surface
and is 1,000 feet wide. The zone expands outward uniformly to a width
of 16,000 feet at a horizontal distance of 50,000 feet from the primary
surface. Its center line is the continuation of the center line of
the runway. Appropriate runway type and dimension for the width of
the primary surface is set forth in Federal Aviation Regulation, Part
77, Objects Affecting Navigable Airspace, Dimensional Standards Table,
page 19, January 1975.
G.
Transitional Surface Zones: established beneath the
transitional surfaces adjacent to each runway and approach surface
as indicated on the Height Limitation and Zoning District Map.
H.
Horizontal Surface Zone: established beneath the horizontal
surface, 150 feet above the established airport elevation, the perimeter
of which is constructed in accordance with the provisions contained
within the Model Airport Zoning Ordinance to Limit the Height of Objects
Around Airports, prepared by L. Robert Kimball and Associates, for
the Pennsylvania Department of Transportation, Bureau of Aviation,
1989. The horizontal surface zone does not include the approach surface
and transitional surface zones.
I.
Conical Surface Zone: established beneath the conical
surface. This zone commences at the periphery of the horizontal surface
and extends outward therefrom a horizontal distance of 4,000 feet.
A.
Except as otherwise provided in this chapter, no structure
shall be erected, altered or maintained and no tree shall be allowed
to grow in any zone created by this chapter 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 as follows:
(1)
Utility Runway Visual Approach Surface Zone: slopes
20 feet outward for each foot upward beginning at the end of and at
the same elevation as the primary surface and extending to a horizontal
distance of 5,000 feet along the extended runway center line.
(2)
Utility Runway Nonprecision Instrument Approach Surface
Zone: slopes 20 feet outward for each foot upward, beginning at the
end of and at the same elevation as the primary surface and extending
to a horizontal distance of 5,000 feet along the extended runway center
line.
(3)
Runway Larger Than Utility Visual Approach Surface
Zone: slopes 20 feet outward for each foot upward beginning at the
end of and at the same elevation as the primary surface and extending
to a horizontal distance of 5,000 feet along the extended runway center
line.
(4)
Runway Larger Than Utility With A Visibility Minimum
Greater Than Three-Fourths Mile Nonprecision Instrument Approach Surface
Zone: slopes 34 feet outward for each foot upward, beginning at the
end of and at the same elevation as the primary surface and extending
to a horizontal distance of 10,000 feet along the extended runway
center line.
(5)
Runway Larger Than Utility With A Visibility Minimum
As Low As Three-Fourths Mile Nonprecision Instrument Approach Surface
Zone: slopes 34 feet upward, beginning at the end of and at the same
elevation as the primary surface and extending to a horizontal distance
of 10,000 feet along the extended runway center line.
(6)
Precision Instrument Runway Approach Surface Zone:
slopes 50 feet outward for each foot upward, beginning at the end
of and at the same elevation as the primary surface and extending
to a horizontal distance of 10,000 feet along the extended runway
center line; thence slopes upward 40 feet horizontally for each foot
vertically to an additional horizontal distance of 40,000 feet along
the extended runway center line.
(7)
Transitional Surface 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 830 feet
above mean sea level. In addition to the foregoing, when an airport
has a precision instrument runway approach zone, 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. Where the
precision instrument runway approach zone project beyond the conical
zone, 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 a horizontal distance of 5,000
feet measured at ninety-degree angles to the extended runway center
line.
(8)
Horizontal Surface Zone: established at 150 feet above
the established airport elevation or at a height of 830 feet above
mean sea level.
(9)
Conical Surface Zone: slopes 20 feet outward for each
foot upward, beginning at the periphery of the horizontal surface
and at 150 feet above the established airport elevation and extending
to a height of 350 feet above the established airport elevation or
at a height of 830 feet above the mean sea level.
B.
Excepted height limitation: nothing in this chapter
shall be construed as prohibiting the construction or maintenance
of any structure or growth of any tree in accordance with provisions
contained within the Model Airport Zoning Ordinance to Limit the Height
of Objects Around Airports, prepared by L. Robert Kimball and Associates,
for the Pennsylvania Department of Transportation, Bureau of Aviation,
1989.
A.
Reasonableness. All airport zoning regulations adopted
under this Article shall be reasonable. None shall impose any requirements
or restriction unless it is reasonably necessary to effectuate the
purpose of this Article. In determining what regulations it may adopt,
each municipality and, if existing, Joint Airport Zoning Board shall
consider, among other factors, the character of the flying operations
expected to be conducted at the airport, the nature of the terrain
within the airport hazard area, the character of the neighborhood
and the uses to which the property to be zoned is put and adaptable.
B.
Use restrictions. Notwithstanding any other provisions
of this chapter, no use may be made of land or water within any zone
established by this chapter in such a 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.
C.
Nonconforming uses.
(1)
Regulations not retroactive. 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 any nonconforming use. 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 chapter, and is diligently
executed.
(2)
Marking and lighting. Notwithstanding the preceding
provisions 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 shall
be deemed necessary by the Zoning Officer to indicate to the operators
of aircraft in the vicinity of the airport the presence of such airport
obstruction.
A.
Future uses.
(1)
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. Each application for a permit shall indicate the purpose for which the permit is desired, with sufficient particularity to permit it to be determined whether the resulting use, structure or tree would conform to the regulations herein prescribed. If such determination is in the affirmative, the permit shall be granted. No permit for a use inconsistent with the provisions of this chapter shall be granted unless a variance has been approved in accordance with § 173-129D herein.
(a)
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 should extend above the height limits prescribed
for such zones.
(b)
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.
(c)
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.
(2)
Nothing contained in any of the foregoing exceptions
shall be construed as permitting or intending to permit any construction
or alteration of any structure or growth of any tree in excess of
any of the height limits established by this chapter, except that
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.
B.
Existing uses. Before any nonconforming structure
may be replaced, substantially altered or rebuilt, or tree allowed
to grow higher or replanted, a permit must be secured from the municipality
authorizing the replacement or change. No permit shall be granted
that would allow the establishment or creation of an obstruction,
or permit a nonconforming use, structure, or tree to become a greater
hazard to air navigation than it was on the effective date of this
chapter or any amendments thereto, or than it is when the application
for a permit is made.
C.
Nonconforming uses abandoned or destroyed. Whenever
the Zoning Officer determines that a nonconforming tree or structure
has been abandoned or more than 80% torn down, physically deteriorated
or decayed, no permit shall be granted that would allow such structure
or tree to exceed the applicable height limit or otherwise deviate
from this chapter.
D.
Variances.
(1)
For purposes of this Article, any person desiring to erect any structure or increase the height of any structure, or permit the growth of any object of natural growth, or otherwise use his property in violation of airport zoning regulations may apply to the Zoning Hearing Board for a variance from the zoning regulations in question. A variance shall only be granted after the requirements of § 173-130 are satisfied.
(2)
A variance may be allowed where a literal application
or enforcement of the regulations would result in practical difficulty
or unnecessary hardship and the relief granted would not be contrary
to the public interest but would do substantial justice and would
be in accordance with the spirit of the regulations and this chapter.
Any variance may be granted subject to any reasonable conditions that
the Zoning Hearing Board may deem necessary to effectuate the purposes
of this chapter.
(3)
The application for variance shall be accompanied
by a determination from the Federal Aviation Administration as to
the effect of the proposal on the operation of air navigation facilities
and the safe, efficient use of navigable airspace. Additionally, no
application for variance to the requirements of this chapter 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
description) for advice as to the aeronautical effects of the variance.
If the Airport Manager (or person of equivalent description) 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.
E.
Hazard marking and lighting. In granting any permits
or variances under this section, the Board shall, if it deems the
action advisable to effectuate the purpose of this chapter and reasonable
under the circumstances, so condition the permit or variance as 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 or persons requesting the permit or variance, to install,
operate and maintain thereon such markers and lights as may be required
by guidelines or regulations adopted by the FAA.
A.
Local enforcement. It shall be the duty of the Zoning
Officer to administer and enforce the regulations prescribed herein.
Applications for permits and variances shall be made to the Zoning
Officer upon a form published for that purpose. Applications required
by this chapter to be submitted to the Zoning Officer 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. Notwithstanding any other provisions
of law, a municipality or board which decides to grant a permit or
variance under this chapter 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 10 days before the date upon which the decision is to be
issued.
