Baldwin Township City Zoning Code
PART 17
SUPPLEMENTAL REGULATIONS ALLEGHENY COUNTY AIRPORT OVERLAY ZONING DISTRICT
§ 27-1701 Purpose.
[Ord. 460, 6/25/2012, § II]
The purpose of this Part is to fulfill the Township's obligation to create an Airport Overlay Zoning District around the Allegheny County Airport, to establish such zone and the boundaries thereof to enact associated regulations and height restrictions for constructed structures and objects of natural growth, to provide for variances as to the restrictions and boundaries of such zones, and to establish a permitting process for use within said zones.
§ 27-1702 Purpose; Relation to Other Zone Districts.
[Ord. 460, 6/25/2012, § II]
The Airport Overlay Zoning District established hereunder shall not modify the boundaries of any underlying zoning district. Where identified, the Airport Overlay Zoning District shall impose certain requirements on land use and construction in addition to those contained in the underlying zoning district.
§ 27-1703 Establishment of Allegheny County Airport Overlay Zoning District.
[Ord. 460, 6/25/2012, § II]
1.
The regulations in this section shall apply to uses and structures located within areas illustrated on the Allegheny County Airport (AGC) Airspace Plan (as reflected, in part, in Drawing 6 of 14, and, in part, in Drawing 7 of 14, of the AGC Airport Master Plan, as amended), which include the following zones as defined in Part 2 of this chapter and as further described and depicted in Figures 27-1 and 27-2 of this Part.
A.
Approach Surface Zone.
B.
Conical Surface Zone.
C.
Horizontal Surface Zone.
D.
Primary Surface Zone.
E.
Transitional Surface Zone.
2.
Said Drawing 6 of 14 and Drawing 7 of 14 of the AGC Airport Master Plan, as amended, as referenced in this section and otherwise in this Part, are hereby incorporated herein by reference and made a part hereof Figure 27-1 and Figure 27-2, attached hereto, incorporated herein, and made a part hereof are derived from Drawings 6 of 14 and 7 of 14, and depict those portions of the AGC Airspace Plan that are situate within Baldwin Township and which shall comprise the Baldwin Township Allegheny County Airport Overlay Zoning District as created by this Part. Said Drawings 6 of 14 and 7 of 14, and Figure 27-1 and Figure 27-2, as may be modified or amended hereafter from time to time, shall comprise the Baldwin Township Allegheny County Airport Overlay Zoning District as created by this Part.
§ 27-1704 Permit Applications.
[Ord. 460, 6/25/2012, § II]
1.
As regulated by Act 164 and defined by 14 CFR 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 to be 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 herein at § 27-1705.
A.
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.
No notice or review under this section is required for any of the following construction or alteration:
(1)
Any object that would be shielded by existing structures of a permanent and substantial character or by natural terrain or topographic features of equal or greater height, and would be located in the congested area of a city, town, or settlement where it is evident beyond all reasonable doubt that the structure so shielded will not adversely affect safety in air navigation.
(2)
Any antenna structure of 20 feet or less in height except one that would increase the height of another antenna structure.
(3)
Any air navigation facility, airport visual approach or landing aid, aircraft arresting device, or meteorological device, of a type approved by the Administrator, or an appropriate military service on military airports, the location and height of which is fixed by functional purpose.
(4)
Any construction or alteration for which notice is required by any other FAA regulation.
§ 27-1705 Variance.
[Ord. 460, 6/25/2012, § II]
1.
Any request for a variance shall include documentation in compliance with 14 CFR 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:
A.
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.
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 herein at § 27-1708.
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 Part.
§ 27-1706 Use Restrictions.
[Ord. 460, 6/25/2012, § II]
Notwithstanding any other provisions of this chapter, no use shall be made of land or water within those portions of the Township lying within the Baldwin Township Airport Overlay Zoning District established hereby, being those areas described in § 27-1703 and as further illustrated on AGC Airspace Plan (see Drawing 7b of 14 of the AGC Airport Master Plan, as amended), 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 Allegheny County Airport.
§ 27-1707 Pre-Existing Nonconforming Uses.
[Ord. 460, 6/25/2012, § II]
The regulations prescribed by this Part 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 Part, 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.
§ 27-1708 Obstruction Marking and Lighting.
[Ord. 460, 6/25/2012, § II]
Any permit or variance granted pursuant to the provisions of this Part may be conditioned according to the conditional determination process described in § 27-1705 to require the owner of the structure or object of natural growth in question to permit the Township, 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.
§ 27-1709 Conflicting Regulations.
[Ord. 460, 6/25/2012, § II]
Where there exists a conflict between any of the regulations or limitations prescribed in this Part and any other regulation applicable to the same area, the more stringent limitation or requirement shall govern and prevail.
