Limerick Township City Zoning Code
ARTICLE XXVIII
Pottstown-Limerick Airport Zoning District
§ 184-191 Intent.
It is the intent of this article to regulate and restrict the height of structures and objects of natural growth and otherwise regulate the use of property in the vicinity of the Pottstown-Limerick Airport by creating the appropriate zones and establishing the boundaries thereof; providing for changes in the restrictions and boundaries of such zones; defining certain terms used herein; referring to the Pottstown-Limerick Airport Zoning Map, which is incorporated in and made a part of this article;[1] providing for enforcement; establishing an appeals process; and imposing penalties.
[1]
Editor's Note: The Pottstown-Limerick Airport Zoning Map is on file in the office of the Township Secretary.
§ 184-192 Purpose.
This article, which may be cited as the "Pottstown-Limerick Airport Zoning District," is adopted pursuant to the authority conferred by the Airport Zoning Act of 1984, P.L. 164, 74 Pa.C.S.A. § 5911 et seq., as amended, and Act 247, the Pennsylvania Municipalities Planning Code of 1968, P.L. 805, 53 P.S. § 10101 et seq., as amended.
A.
It is hereby found that an obstruction has the potential for endangering the lives and property of users of the Pottstown-Limerick Airport and property or occupants of land in its vicinity; that an obstruction may affect existing and future instrument approach minimums of the Pottstown-Limerick 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 the Pottstown-Limerick Airport and any public investment therein. Accordingly, it is declared that:
(1)
The creation or establishment of an obstruction has the potential of being a public nuisance and may injure the region served by the Pottstown-Limerick Airport;
(2)
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)
The prevention of these obstructions should be accomplished, to the extent legally possible, by the exercise of the police power without compensation.
B.
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 municipality may raise and expend public funds and acquire land or interests in land.
§ 184-193 Definitions.
As used in this article, unless the context otherwise requires, the following terms shall have the meanings indicated:
The Pottstown-Limerick Airport in Limerick Township.
The highest point of the airport's usable landing area measured in feet from sea level, which is 311 feet above mean sea level.
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 zone height limitation slope set forth in this article. In plan, the perimeter of the approach surface coincides with the perimeter of the approach zone.
These zones are set forth in § 184-194 of this article.
A surface extending outward and upward from the periphery of the horizontal surface at a slope of 20 to one 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.
For the purpose of determining the height limits in all zones set forth in this article and shown on the zoning map, the datum shall be the 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 zone.
Any runway that is constructed for and intended to be used by propeller driven aircraft of greater than 12,500 pounds maximum gross weight.
Any preexisting structure, object of natural growth or use of land covered by this airport district which is inconsistent with the provisions of this article or an amendment thereto.
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 this article.
An individual, firm, partnership, corporation, company, association, joint-stock association or government entity; including a trustee, receiver, assignee or a similar representative of any of them.
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 approved airport layout plan or any other planning document.
A surface longitudinally centered on a runway. When the runway has a specifically 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 § 184-194 of this article. The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway center line.
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 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 up to 12,500 pounds maximum gross weight.
A runway intended solely for the operation of aircraft using visual approach procedures.
§ 184-194 Airport zones.
In order to carry out the provisions of this article, there is hereby created and established an airport overlay district made up of the following zones which include all of the land lying beneath the approach surfaces, transitional surfaces, horizontal surfaces and conical surfaces as they apply to the Pottstown-Limerick Airport. Such zones are shown on the Pottstown-Limerick Airport Zoning Map consisting of one sheet, which is hereby made a part of this chapter.[1] 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 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.
B.
Runway Larger Than Utility With A Visibility Minimum Greater Than 3/4 Mile 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 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.
C.
Transitional Zones. The Transitional Zones are the areas beneath the transitional surfaces.
D.
Horizontal Zone. The Horizontal Zone is established by swinging arcs of 5,000 feet radii for all runway 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.
E.
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.
[1]
Editor's Note: The Airport Zoning Map is on file in the Township offices.
§ 184-195 Airport zone height limitations.
Except as otherwise provided in this article, no structure shall be erected, altered or maintained and no tree shall be allowed to grow in any zone created by this article to a height in excess of the applicable height herein established for such zone.
A.
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)
Runway Larger Than Utility With A Visibility Minimum Greater Than 3/4 Mile Nonprecision Instrument Approach 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.
(3)
Transitional Zone: slopes seven feet outward for each foot upward beginning at the sides of and at the elevation of the primary surface and the approach surface, and extending to a height of 150 feet above the airport elevation, which is 311 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 ninety-degree angles to the extended runway center line.
(4)
Horizontal Zone: established at 150 feet above the airport elevation or at a height of 461 feet above mean sea level.
(5)
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.
B.
Exceptions to height limitations. Nothing in this article shall be construed as prohibiting the construction or maintenance of any structure or growth of any tree up to the height limits established by other applicable Township zoning district limits or this article, whichever is lower.
§ 184-196 Use restrictions.
The following use restrictions shall apply:
A.
Notwithstanding any other provisions of this article, no use may be made of land or water within any zone established by this article 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 other lights, 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.
§ 184-197 Nonconforming uses.
Nonconforming uses shall be governed by the following:
A.
Regulations not retroactive. The regulations prescribed in this article 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 article or otherwise interfere with the continuance of a use made nonconforming by the adoption of this article. 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 article and which is diligently executed.
B.
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 FAA 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 Pottstown-Limerick Airport.
§ 184-198 Permits.
Applications for permits shall be governed by the following:
A.
Future uses. Except as specifically provided in Subsection A(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 zone hereby created unless a permit thereof shall have been applied for and granted. Each application for a permit shall indicate the purpose for which the permit is desired, with sufficient detail to determine 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 subject to the other requirements and conditions of this section. No permit for a use inconsistent with the provisions of this article shall be granted unless a variance has been granted in accordance with Subsection D.
(1)
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.
(2)
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 the height limit prescribed for such approach zones.
(3)
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.
B.
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 article or any amendments thereto or 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 the zoning regulations.
D.
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 article may apply to the Zoning Hearing Board for a variance from such regulations. Prior to submitting an application to the Zoning Hearing Board, the applicant shall be required to submit FAA Form 7460-1 to the Federal Aviation Administration (FAA) and Pennsylvania Department of Transportation Form AV-57 to the Pennsylvania Department of Transportation. The application for variance shall be accompanied by a determination from the Federal Aviation Administration (FAA) and the Pennsylvania Department of Transportation 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 that the relief granted will not be contrary to the public interest or create a hazard to air navigation.
[Amended 4-10-2008 by Ord. No. 294]
E.
Obstruction marking and lighting. Any permit or variance granted may, if such action is deemed advisable to effectuate the purpose of this article 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 airport, at its own expense, to install, operate and maintain the necessary markings and lights.
F.
FAA regulation update. In the event that any existing or future regulation of the Federal Aviation Administration (FAA), its successor agency or the Pennsylvania Department of Transportation is inconsistent with any provision of this article, then such FAA or state regulation shall prevail and such provision of this article shall automatically be modified thereby.
§ 184-199 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 Township Zoning Officer on a form published for that purpose. Applications required by this article are to be submitted to the Zoning Hearing Board and shall be transmitted by the Zoning Officer.
§ 184-200 Conflicting regulations.
Where there exists a conflict between any of the regulations or limitations prescribed in this article and any other regulations applicable to the same area, whether the conflict be with respect to the height of structures or trees and the use of land or any other matter, the more stringent limitation or requirement shall govern and prevail.