Doylestown City Zoning Code
PART 14
AIRPORT AREA PROTECTION STANDARDS
§ 1401 Purpose.
[Ord. 1986-2, 1/20/1986]
This Part is adopted pursuant to the authority conferred by the Airport Zoning Act of 1945, P.L. 237, 2 P.S. 1550 et seq., as amended and the Municipalities Planning Code of 1968, P.L. 805, 53 P.S. 10101, et seq., as amended. It is hereby found that an obstruction has the potential for endangering the lives and property of users of the Doylestown Airport, located in Buckingham Township and property or occupants of land in its vicinity; that an obstruction may affect existing and future instrument approach minimums of Doylestown Airport; and that an obstruction may reduce the size of areas available for the landing, takeoff, and maneuvering of aircraft, thus tending to destroy or impair the utility of Doylestown Airport and the public investment therein. Accordingly, it is declared:
1.
That the creation or establishment of an obstruction has the potential of being a public nuisance and may injure the region served by Doylestown Airport;
2.
That 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; and
3.
That 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 marking and lighting of obstructions are public purposes for which a political subdivision may raise and expend public funds and acquire land or interests in land.
§ 1402 Definitions.
[Ord. 1986-2, 1/20/1986]
Doylestown Airport.
394 feet above mean sea level.
A surface longitudinally centered on the extended runway center line, extending outward from the end of the primary surface and at the same slope set forth in § 1404. In plan, the perimeter of the approach surface coincides with the perimeter of the approach zone.
These zones are set forth in § 1403.
A surface extending outward and upward from the periphery of the horizontal surface at a slope of 20 to 1 for a horizontal distance of 4,000 feet.
An obstruction determined to have a substantial adverse effect on the safe and efficient utilization of the navigable airspace.
A horizontal plane 150 feet above the established airport elevation, the perimeter of which in plan coincides with the perimeter of the horizontal 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.
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 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 § 1404.
A runway having an existing instrument approach procedure utilizing an Instrument Landing System (ILS) or a Precision Approach Radar (PAR). It also means a runway for which a precision approach system is planned and is so indicated on an approach 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 § 1403.
A defined area on an airport prepared for landing and takeoff of aircraft along its length.
For the purposes of this Part, a structure shall be any object, including a mobile object, constructed or installed by man, including, but not limited to, buildings, towers, cranes, smokestacks, earth formations and overhead transmission lines in addition to those objects defined in § 202 of this Chapter.
These surfaces extend 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.
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 and less.
A runway intended solely for the operation of aircraft using visual approach procedures.
§ 1403 Airport Zones.
[Ord. 1986-2, 1/20/1986, § 1]
In order to carry out the provisions of this Part, there are hereby created and established certain airport zones which include all of the land lying beneath the approach surfaces, horizontal surfaces, and conical surfaces, as they apply to Doylestown Airport. Such airport zones are shown on the Doylestown Airport Zoning Map which is attached to this Chapter and made a part hereof. An area located in more than one of the following airport zones is considered to be only in the airport zone with the more restrictive height limitation. The Doylestown airport zone is hereby established and defined as follows:
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 of 5,000 feet from the primary surface. Its center line is the continuation of the center line of the runway.
The transitional zones are the areas beneath the transitional surfaces.
The horizontal zone is established by swinging arcs of 5,000 feet radii for all runways designated utility or visual and 10,000 feet for all others 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.
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.
§ 1404 Airport Zone Height Limitations.
[Ord. 1986-2, 1/20/1986]
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 herein established for such zone. Such applicable height limitations are hereby established for each of the zones in question as follows:
1.
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.
2.
Transitional Zones. Slopes seven feet outward for each foot upward beginning at the sides of and at the same elevation as the primary surface and approach surface and extending to a height of 150 feet above the airport elevation which is 394 feet above mean sea level. In addition to the foregoing, there are established height limits sloping seven feet outward for each foot upward beginning at the sides of and the same elevation as the approach surface, and extending to where they intersect the conical surface. Where the precision instrument runway approach zone projects beyond the conical zone, there are established height limits sloping seven feet outward for each foot upward beginning at the sides of and the same elevation as the approach surface, and extending a horizontal distance of 5,000 feet measured at 90° angles to the extended runway center line.
3.
Horizontal Zone. Established at 150 feet above the airport elevation or at a height of 394 feet above mean sea level.
4.
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.
5.
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 35 feet above the surface of the land.
§ 1405 Use Restrictions.
[Ord. 1986-2, 1/20/1986]
Notwithstanding any other provisions of this Chapter, no use may be made of land or water within any airport 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, resulting 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.
§ 1406 Nonconforming Structure or Uses.
[Ord. 1986-2, 1/20/1986]
1.
Regulations Not Retroactive. The regulations prescribed in 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 Chapter, or otherwise interfere with the continuance of a nonconforming structure or 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 pursued.
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 of such markers and lights as shall be deemed necessary to indicate to the 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 Bucks County Airport Authority.
§ 1407 Permits.
[Ord. 1986-2, 1/20/1986, § 1]
1.
Future Uses. Except as specifically provided in subparagraphs B and C 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 § 1407(4).
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 would 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 such tree or structure would extend above 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 zone, 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 features would extend above the height limit prescribed for such transition zones.
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 height limits established by this Part except as set forth in § 1404.
2.
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.
3.
Nonconforming Uses Abandoned or Destroyed. Whenever the Borough Council of the Borough of Doylestown 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.
4.
Variances. Any person desiring to erect or increase the height of any structure, or permit the growth of any tree, or use of 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 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 a literal application or enforcement of the regulations will result in unnecessary hardship and 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 spirit of this Part. Additionally, no application for variance to the requirements of this Part may be considered by the Zoning Hearing Board unless a copy of the application has been furnished to the Airport Manager, and to the Chairman of the Board of the Bucks County Airport Authority, or other registered owner of the real estate upon which the airport is located, for advice as to the aeronautical effects of the variance. If the Airport Manager, or the Chairman of the Board of the Bucks County Airport Authority, or the other owner of the real estate upon which the airport is located does not respond to the application within 15 days after receipt, the Zoning Hearing Board may act on its own to grant or deny said application.
5.
Obstruction Marking and Lighting. Any permit or variance granted may, if such action is deemed advisable to effectuate the purpose of this Chapter and is 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 Bucks County Airport Authority, at its own expense, to install, operate, and maintain the necessary markings and lights.
§ 1408 Enforcement.
[Ord. 1986-2, 1/20/1986, § 1]
It shall be the duty of the Zoning Officer of Doylestown Borough to administer and enforce the regulations prescribed herein. Applications for permits and variances shall be made to the Zoning Officer, along with the appropriate fee, upon a form published for that purpose. Applications required by this Chapter to be submitted to the Zoning Officer shall be subject to the provisions of Part 10 of this Chapter.