The creation or establishment of an obstruction has the potential of being a public nuisance and may injure the region served by the airport.

It is necessary in the interest of the public health, public safety and general welfare that the creation or establishment of obstructions that are a hazard to air navigation be prevented.

The prevention of these obstructions should be accomplished, to the extent legally possible, by the exercise of the police power without compensation.

It is further declared that the prevention of the creation or establishment of hazards to air navigation, the elimination, removal, alteration or mitigation of hazards to air navigation or the marking or lighting of obstructions are public purposes for which a political subdivision may raise and expend public funds and acquire land or interests in land.

Airport.

Airport Elevation.

Approach Surface.

Approach, Transitional, Horizontal and Conical Overlay Zones.

Conical Surface.

Hazard to Air Navigation.

Height.

Horizontal Surface.

Nonprecision Instrument Runway.

Obstruction.

Primary Surface.

Runway.

Transitional Surfaces.

Tree.

Utility Runway.

Utility Runway Nonprecision Instrument Approach Zone. The inner edge of this approach zone coincides with the width of the primary surface and is 500 feet wide. The approach 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.

Transitional Zones. The transitional zones are the areas beneath the transitional surfaces.

Horizontal Zone. The horizontal zone is established by swinging arcs of 5,000 feet radii from the center of each end of the primary surface of each runway and connecting the adjacent arcs by drawing lines tangent to those arcs. The horizontal zone does not include the approach and transitional zones.

Conical Zone. The conical zone is established as the area that commences at the periphery of the horizontal zone and extends outward therefrom a horizontal distance of 4,000 feet.

Utility Runway Nonprecision Instrument Approach 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.

Transitional Zones. Slope 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 482.2 feet above mean sea level (MSL). In addition to the foregoing, 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.

Horizontal Zone. Established at 150 feet above the airport elevation or at a height of 632.2 feet above mean sea level (MSL).

Conical Zone. Slopes 20 feet outward for each foot upward beginning at the periphery of the horizontal zone and at 150 feet above the airport elevation and extending to a height of 350 feet above the airport elevation or 832.2 feet above mean sea level (MSL).

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 65 feet above the surface of the land.

Regulations Not Retroactive. The regulations prescribed 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 nonconforming uses. 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 prosecuted.

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 of such markers and lights as shall be deemed necessary by the Zoning Hearing Board to indicate to operators of aircraft in the vicinity of the airport the presence of such airport obstruction. Such markers and lights shall be installed, operated and maintained at the expense of the Town of Bloomsburg.

Proposed Uses. Except as specifically provided in Subsections 7A(1), (2) and (3) 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 airport zone hereby created unless the applicant submits for a permit and the Town affirmatively grants said application. 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 Subsection 7D, below.

Existing Uses. 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. Except as indicated, all applications for such a permit shall be granted.

Nonconforming Uses Abandoned or Destroyed. Whenever the Town Council, after review and recommendation by the Planning Commission, 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 the zoning regulations.

Variances. Any person desiring to erect or increase the height of any structure, or permit the growth of any tree, or use property not in accordance with the regulations prescribed in this Chapter, may apply to the Zoning Hearing Board for a variance from such regulations. The application for a 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. Such variances shall be allowed where it is duly found that all the criteria for granting relief are met, in accordance with § 27-905 of this Chapter. Additionally, no application for variance to the requirements of this Chapter may be considered by the Board unless a copy of the application has been furnished to the Bloomsburg Municipal Airport Director for advice as to the aeronautical effects of the variance. If the Director does not respond to the application within 15 days after receipt, the Board may act on its own to grant or deny such application.

Obstruction Marking and Lighting. Any permit or variance granted may, if such action is deemed advisable to effectuate the purposes of this Chapter and be reasonable in the circumstances, be so conditioned as to require the owner of the structure or tree in question to install, operate and maintain, at the owner's expense, such markings and lights as may be necessary. If deemed proper by the Zoning Hearing Board, this condition may be modified to require the owner to permit the Town of Bloomsburg, at its own expense, to install, operate and maintain the necessary markings and lights.