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Lancaster Township Butler County
City Zoning Code

ARTICLE V

Zoning and Overlay District Regulations

§ 300-16 General regulations.

A. 
No land, building, or structure shall be used and no building or structure shall be erected which is intended or designed to be used, in whole or in part, except for the uses authorized in this article for the district in which the building, structure, or use is located.
B. 
A single-family or two-family dwelling shall be the only principal building on a lot, except that principal farm structures may occupy the same lot as the principal dwelling on farms.
C. 
In districts where multiple-family dwellings are authorized, several buildings may occupy the same lot.
D. 
Conditional uses. The procedure for obtaining conditional use approval shall be in accordance with the provisions of Article IX.
E. 
Variances. Any use not expressly listed as a permitted principal use, conditional use, or permitted accessory use for a district in this article is prohibited in that district, unless a variance is granted by the Zoning Hearing Board in accordance with the provisions of Article X.

§ 300-17 Rural Residential (R-1) District.

A. 
Purpose. To preserve existing agricultural areas and land use characteristics of low density development now present in many areas of the Township.
B. 
Permitted principal uses. See Article VI.
C. 
Conditional uses. See Article VI and Article IX.
D. 
Permitted accessory uses. The following accessory uses shall be permitted:
(1) 
Storage of camping vehicles, trailers, boats, and similar equipment, owned and used solely by residents of the premises.
(2) 
On-site sales and roadside stands accessory to a farm.
(3) 
Garden house or noncommercial greenhouse.
(4) 
Private, noncommercial swimming pool and recreational court area.
(5) 
Private garage, carport, shed, and domestic storage building.
(6) 
Children's playhouse.
(7) 
Keeping of domestic pets.
(8) 
Satellite dish and other antennas.
(9) 
Signs as authorized in Article VII.
(10) 
Fence.
(11) 
Movable shed and nonmovable shed.
[Added 9-21-2005 by Ord. No. 106]
E. 
Area requirements.
(1) 
A minimum of two acres in the absence of municipal or community sewerage systems and municipal or community water service.
(2) 
A minimum of one acre where municipal or community sewerage systems and municipal or community water service are provided.
(3) 
Lot width at the building line shall be a minimum of 150 feet.
(4) 
Lot coverage shall not exceed 10% (includes accessory structures).
(5) 
Minimum yard requirements:
(a) 
Front yard: 50 feet.
(b) 
Side yard: 25 feet.
(c) 
Rear yard: 30 feet.
(6) 
No more than 20 dwelling units are permitted on a cul-de-sac in the district.
F. 
Parking requirements. All lots shall be provided with off-street parking spaces in accordance with § 300-15.
G. 
No development in any zoning district which is situated adjacent to the CN District shall occur within 150 feet of the CN District boundary.[1]
[1]
Editor's Note: Original Sec. 502.H, regarding forestry operations, which immediately followed this subsection, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
H. 
Maximum structure height.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(1) 
Townhouse/duplex: 35 feet.
(2) 
Multifamily apartment: four stories.

§ 300-18 Medium Density Residential (R-2) District.

A. 
Purpose. To preserve the character of existing residential neighborhoods and create a favorable basis for additional development of urban residential expansion in the Township.
B. 
Permitted principal uses. See Article VI.
C. 
Conditional uses. See Article VI and Article IX.
D. 
Permitted accessory uses. The following accessory uses shall be permitted:
(1) 
Storage of camping vehicles, trailers, boats, and similar equipment, owned and used solely by residents of the premises.
(2) 
Garden house or noncommercial greenhouse.
(3) 
Private, noncommercial swimming pool and recreational court area.
(4) 
Private garage, carport, shed, and domestic storage building.
(5) 
Children's playhouse.
(6) 
Keeping of domestic pets.
(7) 
Off-street motor vehicle parking area and loading and unloading facility.
(8) 
Satellite dish and other antennas.
(9) 
Signs as authorized in Article VII.
(10) 
Fence.
(11) 
Movable shed and nonmovable shed.
[Added 9-21-2015 by Ord. No. 106]
E. 
Area requirements:
(1) 
Each single-family lot shall have the following minimum areas:
(a) 
One acre in the absence of municipal or community sewerage systems and municipal or community water service.
(b) 
One-half acre where municipal or community sewerage systems and municipal or community water service are provided.
(c) 
Lot width at building line shall be a minimum of:
[1] 
One-acre lot: 120 feet.
[2] 
One-half-acre lot: 100 feet.
(d) 
Lot coverage shall not exceed 20% (includes accessory structures).
(e) 
Minimum yard requirements:
[1] 
Front yard: 50 feet.
[2] 
Side yard: 25 feet.
[3] 
Rear yard: 35 feet.
(2) 
Each duplex and multifamily dwelling lot shall have the following areas:
Duplex and Town House
Multifamily Apartment
Minimum lot area/dwelling unit
20,000 square feet
15,000 square feet
Minimum floor area/dwelling unit
950 square feet
800 square feet
Maximum structure height
35 feet
4 stories
Minimum front yard
40 feet
65 feet
Minimum rear yard
20 feet
30 feet
Minimum side yard
15 feet
40 feet
(3) 
Cluster developments and multifamily dwellings shall be permitted only where municipal or community sewer facilities are available. No septic tank installations shall be permitted. In the absence of municipal sewerage facilities, the developer shall provide a sanitary sewer system which shall be subject to the standards and rules and regulations of the Environmental Protection Agency and the Department of Environmental Protection of the Commonwealth of Pennsylvania.
(4) 
Townhouse units per residential building. There shall be no more than six dwelling units attached in a row.
(5) 
No more than 20 dwelling units are permitted on a cul-de-sac in the district.
(6) 
Area requirements for nonresidential uses:
(a) 
Minimum front yard: 50 feet.
(b) 
Minimum side yard: 25 feet.
(c) 
Minimum rear yard: 30 feet.
(d) 
Maximum structure height: four stories.
F. 
Parking requirements. All lots shall be provided with off-street parking spaces shall be provided in accordance with § 300-15.[1]
[1]
Editor's Note: Original Sec. 503.G, regarding forestry operations, which immediately followed this subsection, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 300-19 Village (V) District.

A. 
Purpose. To create a residential and village-style development providing varying types of housing and small to medium businesses that service the neighborhood. This district should encourage development of a mixed-use main street in the village and designate public plazas and parks. Villages should be walkable and pedestrian-oriented.
B. 
Permitted principal uses. See Article VI.
C. 
Conditional uses. See Article VI and Article IX.
D. 
Permitted accessory uses. The following accessory uses shall be permitted:
(1) 
Storage of private camping vehicles, trailers, boats, and similar equipment, owned and used solely by residents of the premises.
(2) 
Garden house or noncommercial greenhouse.
(3) 
Swimming pool and recreational court area.
(4) 
Private garage, carport, shed, and domestic storage building.
(5) 
Children's playhouse.
(6) 
Keeping of domestic pets.
(7) 
Satellite dish and other antennas.
(8) 
Signs as authorized in Article VII.
(9) 
Fence.
(10) 
Drive-through facilities.
(11) 
Off-street public parking areas, public garages and loading areas.
(12) 
Movable shed and nonmovable shed.
[Added 9-21-2015 by Ord. No. 106]
E. 
Area requirements:
(1) 
Each single-family lot shall have the following minimum areas:
(a) 
One acre in the absence of municipal or community sewerage systems and municipal or community water service.
(b) 
One-half acre where municipal sewerage systems and municipal water service are provided.
(c) 
Minimum yard requirements:
[1] 
Front yard: 50 feet.
[2] 
Side yard: 25 feet.
[3] 
Rear yard: 35 feet.
(2) 
Each duplex and multifamily dwelling lot shall have the following areas:
Duplex and Town House
Multifamily Apartment
Minimum lot area/dwelling unit
20,000 square feet
15,000 square feet
Minimum floor area/dwelling unit
950 square feet
800 square feet
Maximum structure height
35 feet
4 stories
Minimum front yard
40 feet
65 feet
Minimum rear yard
20 feet
30 feet
Minimum side yard
15 feet
40 feet
(3) 
Multifamily dwellings shall be permitted only where municipal or community sewer facilities are available. No septic tank installations shall be permitted. In the absence of municipal sewerage facilities, the developer shall provide a sanitary sewer system which shall be subject to the standards and rules and regulations of the Environmental Protection Agency and the Department of Environmental Protection of the Commonwealth of Pennsylvania.
(4) 
Townhouse units per residential building. There shall be no more than six dwelling units attached in a row.
(5) 
Eating establishments may be provided with an outside patio, provided the patio does not exceed 25% of the floor area of the primary building.
(6) 
No more than 20 dwelling units are permitted on a cul-de-sac in the district.
(7) 
Area requirements for nonresidential uses:
(a) 
Minimum front yard: 50 feet.
(b) 
Minimum side yard: 25 feet.
(c) 
Minimum rear yard: 30 feet.
(d) 
Maximum structure height: four stories.
(8) 
Lot coverage shall not exceed 30% (including accessory structures).
[Added 9-21-2015 by Ord. No. 106]
F. 
Parking requirements. All lots shall be provided with off-street parking spaces in accordance with § 300-15.
G. 
All nonresidential uses require site plan approval, and each site plan shall include, at a minimum, the following:
(1) 
A traffic study of the vicinity, detailing:
(a) 
Comparative analysis of the present capacity of street(s) adjacent to the proposed business with potential capacity and volumes generated by the proposed development, together with necessary points of access and off-street parking and loading.
(b) 
Circulation plan for all streets in the vicinity, existing and proposed, showing recommendations for channeling, storing, and directing traffic.
(2) 
A landscape development plan showing planting areas, entrance treatments, and screening of loading and service areas.[1]
[1]
Editor's Note: Original Sec. 504.I, regarding forestry operations, which immediately followed this subsection, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 300-20 Mixed Use (MU) District.

A. 
Purpose. To provide development potential for a variety of commercial, residential, office, service, and light industrial and manufacturing uses with appropriate buffers. The district should apply parking, design, landscaping, screening, and access management standards to help control the easy flow of traffic and encourage safety.
B. 
Permitted principal uses. See Article VI.
C. 
Conditional uses. See Article VI and Article IX.
D. 
Permitted accessory uses. The following accessory uses shall be permitted:
(1) 
Storage of private camping vehicles, trailers, boats, and similar equipment, owned and used solely by residents of the premises.
(2) 
Garden house or noncommercial greenhouse.
(3) 
Swimming pool and recreational court area.
(4) 
Private garage, carport, shed, and domestic storage building.
(5) 
Children's playhouse.
(6) 
Keeping of domestic pets.
(7) 
Satellite dish and other antennas.
(8) 
Signs as authorized in Article VII.
(9) 
Fence.
(10) 
Drive-through facilities.
(11) 
Off-street public parking areas, public garages and loading areas.
(12) 
Swimming pools.
(13) 
Movable shed and nonmovable shed.
[Added 9-21-2015 by Ord. No. 106]
E. 
Area and site requirements:
(1) 
Setbacks. The front setback requirements shall conform with that of a majority of structures existing within 300 feet on either side of the parcel. In no instance shall the minimum setback of any structure be less than 50 feet from the adjacent street or highway right-of-way.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(2) 
Height. The height of the structure shall not exceed the heights permitted in the abutting districts.
(3) 
Parking requirements. All lots shall be provided with off-street parking spaces in accordance with § 300-15.
(4) 
Landscape development. Where commercial use abuts a residential district, a suitably planted ten-foot buffer strip shall be required.
(5) 
Ingress and egress. All ingress and egress shall be approved by the Township prior to construction.
(6) 
No more than 20 dwelling units are permitted on a cul-de-sac in the district.
(7) 
Minimum yard requirements:
(a) 
Front yard: 50 feet.
(b) 
Side yard: 25 feet.
(c) 
Rear yard: 35 feet.
(8) 
Each lot shall have the following minimum areas:
[Added 9-21-2015 by Ord. No. 106]
(a) 
One acre in the absence of municipal or community sewage systems and municipal or community water service.
(b) 
One-half acre where municipal or community sewage systems and municipal or community water service are provided.
(9) 
Lot coverage shall not exceed 30% (including accessory structures).
[Added 9-21-2015 by Ord. No. 106]
(10) 
Each duplex and multifamily dwelling lot shall have the following areas:
[Added 9-21-2015 by Ord. No. 106]
Duplex and Townhouse
Multifamily Apartment
Minimum lot area/dwelling unit
20,000 square feet
15,000 square feet
Minimum floor area/dwelling unit
950 square feet
800 square feet
Maximum structure height
35 feet
4 stories
Minimum front yard
40 feet
65 feet
Minimum rear yard
20 feet
30 feet
Minimum side yard
15 feet
40 feet
(11) 
Multifamily dwellings shall be permitted only where municipal or community sewer facilities are available. No septic tank installations shall be permitted. In the absence of municipal sewage facilities, the developer shall provide a sanitary sewer system which shall be subject to the standards and rules and regulations of the Environmental Protection Agency and the Department of Environmental Protection of the Commonwealth of Pennsylvania.
[Added 9-21-2015 by Ord. No. 106]
F. 
All nonresidential uses require site plan approval and each site plan shall include, at a minimum, the following:
(1) 
A traffic study of the vicinity, detailing:
(a) 
Comparative analysis of the present capacity of street(s) adjacent to the proposed business with potential capacity and volumes generated by the proposed development, together with necessary points of access and off-street parking and loading.
(b) 
Circulation plan for all streets in the vicinity, existing and proposed, showing recommendations for channeling, storing, and directing traffic.
(2) 
A landscape development plan showing planting areas, entrance treatments, and screening of loading and service areas.[1]
[1]
Editor's Note: Original Sec. 505.G, regarding forestry operations, which immediately followed this subsection, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
G. 
Maximum structure height.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(1) 
Townhouse/duplex: 35 feet.
(2) 
Nonresidential use: four stories.

§ 300-21 Industrial (I) District.

A. 
Purpose. To create an economically viable district, which is isolated from residential neighborhoods, for manufacturing, nonretail commercial activities and similar operation.
B. 
Permitted principal uses. See Article VI.
C. 
Conditional uses. See Article VI and Article IX
D. 
Permitted accessory uses. The following accessory uses shall be permitted:
(1) 
Covered storage of material, goods and merchandise used in or produced by manufacturing or noncommercial activities on the same lot with such activities, unless such storage is excluded by the district regulations.
(2) 
Off-street parking and loading areas as required by Article IV.
(3) 
Fence.
(4) 
Sign, as authorized in Article VII.
(5) 
Movable shed and nonmovable shed.
[Added 9-21-2015 by Ord. No. 106]
E. 
Area requirements:
(1) 
The minimum lot area required shall be 30,000 square feet where municipal sewers are available.
(2) 
The minimum lot area required shall be 40,000 square feet in the absence of municipal sewers.
(3) 
The minimum lot width required at the building line shall be 100 feet.
(4) 
No structure shall be permitted closer than 50 feet of any public right-of-way.
(5) 
Rear yards shall be a minimum of 35 feet.
(6) 
The total side yard requirement shall be a minimum of 35 feet with no less than 10 feet on any side, unless there is a change in zoning district, to which the 35 feet shall be maintained on that side.
(7) 
Height of structures shall not exceed 50 feet.
(8) 
Lot coverage shall not exceed 60% of the lot area.
F. 
Parking requirements. All lots shall be provided with off-street parking spaces in accordance with § 300-15.
G. 
Miscellaneous requirements.
(1) 
Loading areas and docks shall not be permitted to front or face on any street. Provisions for handling and loading of all freight and other materials must be on the side or rear of all buildings.
(2) 
Storage. Outside storage of goods, materials and merchandise shall not be permitted.
(3) 
All parking and loading areas shall be screened from adjoining properties and rights-of-way by a structurally sound wall or planting strip which is architecturally compatible with the main structure on the lot.
(4) 
All development sites shall be served by municipal or community water and sewage systems. Municipal utility systems shall be utilized where available.
(5) 
On-site utilities must be approved by the Township Engineer. When permitted, on-site utility systems must meet all requirements of the Commonwealth of Pennsylvania.
(6) 
Adequate storm drainage facilities shall be installed to ensure that stormwater does not flow onto abutting property, sidewalks or streets in such quantities to cause detrimental effect or inconvenience.
(7) 
All exterior lighting of structures, signs, and grounds shall be from shaded sources and be located so that the beams are not directed toward any lot or residential structure, or public highway.
(8) 
Performance requirements.
(a) 
Sound. The sound level radiating from an establishment shall not exceed 50 decibels, whether or not such noise is intermittent or steady, at any time, measured by a sound level meter along the boundary of the property.
(b) 
Vibration. No vibration from any process shall be discernible at any time beyond the boundary of the property.
(c) 
Smoke. There shall be no emission of smoke into the atmosphere from any heating or manufacturing process. No waste material of any kind, including but not limited to commercial wastes (i.e., junk cars, tires, etc.), shall be burned in the open air on the property.
(d) 
Other pollutants. There shall be no emission of fly ash, dust, dirt, fumes, refuse matter, vapors or gases from any operation beyond the confines of the buildings housing the equipment or operation producing such pollutants.
(e) 
Odor. There shall be no emission of odorous gas or any other odorous material beyond the boundary of the property.
(f) 
Radioactivity. There shall be no radioactive emissions.
(g) 
Electrical interference. No electrical disturbance shall be discernible at any time beyond the boundary of the property.
(h) 
Liquid wastes. In no case shall liquid wastes be dumped or permitted to flow or seep into a stream or drainage way, except in strict conformance with all requirements of the Pennsylvania Department of Environmental Protection for the construction and operation of on-site industrial liquid waste disposal plants. Liquid wastes that cannot be disposed of on the site shall not be permitted to accumulate.
(i) 
Solid waste. Solid wastes shall not be permitted to accumulate in an open storage area on any property, nor shall they be buried unless in conformance with Pennsylvania Department of Environmental Protection regulations.
(j) 
Glare. All operations that produce glare or sky-reflected light shall be conducted within an enclosed area so that no glare is discernible beyond the boundaries of the Industrial District.
H. 
No development in any zoning district which is situated adjacent to the CN District shall occur within 150 feet of the CN District boundary.[1]
[1]
Editor's Note: Original Sec. 506.I, regarding forestry operations, which immediately followed this subsection, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 300-22 Conservation (CN) District.

A. 
Purpose. To protect, preserve, and maintain open spaces, water supply sources, woodland, marshland, wildlife, scenic areas, areas of steep slope, and other natural resources; to conserve vegetative cover, particularly trees, shrubs, and ground cover on sloping ground, stream banks, floodplains, and stormwater drainage channels and swales; and to discourage the scattering of residential and other urban-type uses throughout predominantly forested areas and areas of steep slope.
B. 
Permitted principal uses. See Article VI.
C. 
Conditional uses. See Article VI and Article IX.
D. 
Permitted accessory uses. The following accessory uses shall be permitted:
(1) 
Storage of private camping vehicles, trailers, boats, and similar equipment, owned and used solely by residents of the premises.
(2) 
On-site sales and roadside stands accessory to a farm.
(3) 
Garden house or noncommercial greenhouse.
(4) 
Private, noncommercial swimming pool and recreational court area.
(5) 
Private garage, carport, shed, and domestic storage building.
(6) 
Children's playhouse.
(7) 
Keeping of domestic pets.
(8) 
Satellite dish and other antennas.
(9) 
Fence.
(10) 
Sign, as authorized in Article VII.
(11) 
Movable shed and nonmovable shed.
[Added 9-21-2015 by Ord. No. 106]
E. 
Area requirements.
(1) 
Lot width at the building line shall be a minimum of 150 feet.
(2) 
Lot coverage shall not exceed 10% (includes accessory structures).
(3) 
Minimum yard requirements:
(a) 
Front yard: 50 feet.
(b) 
Side yard: 25 feet.
(c) 
Rear yard: 30 feet.
(4) 
All development and/or construction proposed in the CN Conservation District shall require environmental clearances (PNDI) and be subject to approval by the Township prior to implementation.
(5) 
No development, in any zoning district which is situated adjacent to the CN District, shall occur within 150 feet of the CN District boundary.
F. 
All lots shall be provided with off-street parking in accordance with § 300-15.[1]
[1]
Editor's Note: Original Sec. 507.G, regarding forestry operations, which immediately followed this subsection, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 300-23 Overlay districts.

Overlay districts, as designated on the Official Zoning Map, authorize certain uses on properties in the overlay zone, subject to express standards and criteria for each Overlay District, that are in addition to the uses otherwise authorized in the underlying zoning district of the property.[1]
[1]
Editor's Note: Original Sec. 509, Planned Residential Development (PRD) Overlay District, which immediately followed this section, was repealed 9-21-2015 by Ord. No. 106.

§ 300-24 Access Management and Design Overlay (A&D) District.

A. 
Purpose. The purpose of the Access Management and Design Overlay District is to encourage controlled, sensible development and design standards for easy and safe flow of traffic along State Route 19. The overlay promotes developing access roads, minimizing spacing between curb cuts, sharing access points, consistent signage standards, and screening development.
B. 
Permitted principal uses. See Article VI.
C. 
Conditional uses. See Article VI and Article IX.
D. 
Area and site requirements:
(1) 
Minimum front yard: 50 feet.
(2) 
Minimum side yard: 25 feet.
(3) 
Minimum rear yard: 30 feet.
(4) 
Maximum structure height: three stories.
(5) 
Edge of paved surface to side/rear property line: 10 feet (minimum).
(6) 
Buffering landscaping along State Route 19: 25 feet planted area.
(7) 
Buffering landscaping along side/rear property line: 15 feet planted area.
(8) 
Interior landscaping:
(a) 
Perimeter of parking area: 1 tree per 10 spaces.
(b) 
Abutting access road: ten-foot planting strip.
(9) 
Exterior wall materials: stone, wood, brick, metal.
E. 
Eating establishments may be provided with an outside patio, provided the patio does not exceed 25% of the floor area of the primary building.
F. 
Parking requirements. All lots shall be provided with off-street parking spaces in accordance with § 300-15, above.
G. 
All developments require site plan approval and each site plan shall include, at a minimum, the following:
(1) 
A traffic study of the vicinity detailing:
(a) 
Comparative analysis of the present capacity of street(s) adjacent to the proposed business with potential capacity and volumes generated by the proposed development, together with necessary points of access and off-street parking and loading.
(b) 
Circulation plan for all streets in the vicinity, existing and proposed, showing recommendations for channeling, storing, and directing traffic.
(2) 
A landscape development plan showing planting areas, entrance treatments, and screening of loading and service areas.

§ 300-25 Airport Overlay (AO) District.

[Added 1-21-2013 by Ord. No. 95]
A. 
Purpose. The purpose of this section is to create an Airport Overlay District that considers safety issues around the Zelienople Airport; regulates and restricts the heights of constructed structures and objects of natural growth; creates appropriate zones, establishes the boundaries thereof and provides for changes in the restrictions and boundaries of such zones; and creates the permitting process for use within the zones.
B. 
Relation to other zoning districts. The Airport Overlay District shall not modify the boundaries of any underlying zoning district. Where identified, the Airport Overlay District shall impose certain requirements on land use and construction in addition to those contained in the underlying zoning district.
C. 
Definitions. The following words and phrases when used in this section shall have the meaning given to them in this section unless the context clearly indicates otherwise.
AIRPORT ELEVATION
The highest point of an airport's usable landing area measured in feet above sea level. The airport elevation of the Zelienople Airport is 898 feet.
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 as defined in 14 CFR Part 77 and 74 Pa.C.S.A. § 5102.
AIRPORT HAZARD AREA
Any area of land or water upon which an airport hazard might be established if not prevented as provided for in this section and the Act 164 of 1984 (Pennsylvania Laws Relating to Aviation).[1]
APPROACH SURFACE (ZONE)
An imaginary surface longitudinally centered on the extended runway center line and extending outward and upward from each end of the primary surface. An approach surface is applied to each end of the runway based on the planned approach. The inner edge of the approach surface is the same width as the primary surface and expands uniformly depending on the planned approach. The approach surface zone, as shown on Figure 1,[2] is derived from the approach surface.
CONICAL SURFACE (ZONE)
An imaginary surface extending outward and upward from the periphery of the horizontal surface at a slope of 20 feet horizontally to one foot vertically for a horizontal distance of 4,000 feet. The conical surface zone, as shown on Figure 1,[3] is based on the conical surface.
DEPARTMENT
Pennsylvania Department of Transportation.
FAA
Federal Aviation Administration of the United States Department of Transportation.
HEIGHT
For the purpose of determining the height limits in all zones set forth in this section, 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 by 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 radius of each arc is based on the planned approach. The horizontal surface zone, as shown on Figure 1,[4] 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
Any preexisting structure, object of natural growth, or use of land which is inconsistent with the provisions of this section or an amendment thereto.
OBSTRUCTION
Any structure, growth, or other object, including a mobile object, which exceeds a limiting height set forth by this section.
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 the runway, extending 200 feet beyond the end of paved runways or ending at each end of turf runways. The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway center line. The primary surface zone, as shown on Figure 1,[5] is derived from the primary surface.
RUNWAY
A defined area of an airport prepared for landing and takeoff of aircraft along its length.
STRUCTURE
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.
TRANSITIONAL SURFACE (ZONE)
An imaginary surface that extends outward and upward from the edge of the primary surface to the horizontal surface at a slope of seven feet horizontally to one foot vertically. The transitional surface zone, as shown on Figure 1,[6] is derived from the transitional surface.
TREE
Any object of natural growth.
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.
[1]
Editor's Note: See 74 Pa.C.S.A. § 5101 et seq.
[2]
Editor's Note: Figure 1 is included as an attachment to this chapter.
[3]
Editor's Note: Figure 1 is included as an attachment to this chapter.
[4]
Editor's Note: Figure 1 is included as an attachment to this chapter.
[5]
Editor's Note: Figure 1 is included as an attachment to this chapter.
[6]
Editor's Note: Figure 1 is included as an attachment to this chapter.
D. 
Establishment of airport zones. There are hereby created and established certain zones within the Airport Overlay District, as depicted on Figure 1[7] and illustrated on the Zelienople Airport Surface Area Map,[8] which are hereby adopted as part of this section, which include:
(1) 
Approach Surface Zone.
(2) 
Conical Surface Zone.
(3) 
Horizontal Surface Zone.
(4) 
Primary Surface Zone.
(5) 
Transitional Surface Zone.
[7]
Editor's Note: Figure 1 is included as an attachment to this chapter.
[8]
Editor's Note: The Airport Surface Area Map is included as an attachment to this chapter.
E. 
Permit applications.
(1) 
As regulated by Act 164 and defined by 14 Code of Federal Regulations 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 Zelienople 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 the Township's zoning 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 in compliance with the intent of this section. If the Department's BOA returns a determination of a penetration of airspace, the zoning permit shall be denied, and the project sponsor may seek a variance from such regulations as outlined in Subsection F, Variance, below.
(2) 
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.
F. 
Variance.
(1) 
Any request for a variance shall include documentation in compliance with 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 Department's BOA as to the effect of the proposal on the operation of air navigation facilities and the safe, efficient use of navigable airspace. 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 in Subsection I, Obstruction marking and lighting, below.
(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 section.
G. 
Use restrictions. Notwithstanding any other provisions of this section, no use shall be made of land or water within the Airport Overlay District 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 Zelienople Airport.
H. 
Preexisting nonconforming uses. The regulations prescribed by this section 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 section, 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 this chapter), may only be reestablished consistent with the provisions herein.
I. 
Obstruction marking and lighting. Any permit or variance granted pursuant to the provisions of this section may be conditioned according to the process described in Subsection F, Variance, above, to require the person requesting the permit or variance, at the person's own expense, to install, operate, and maintain such marking or lighting as deemed necessary to assure both ground and air safety.