This article is adopted pursuant to the authority conferred by the Airport Zoning Act, 74 Pa.C.S.A. § 5911 et seq.

It is hereby found that an obstruction has the potential for endangering the lives and property of users of the William T. Piper Airport and property or occupants of land in its vicinity; that an obstruction may affect existing and future instrument approach minimums of the William T. Piper 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 William T. Piper Airport and the public investment therein. Accordingly, it is declared:

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 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.

Larger-Than-Utility Runway Visual Approach Surface Zone. Established beneath the visual approach surface. The inner edge of this zone coincides with the width of the primary surface and is 500 feet wide. The approach zone expands outward uniformly to a width of 1,500 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.

Transitional Surface Zones. Established beneath the transitional surfaces adjacent to each runway and approach surface as indicated on the Height Limitation and Zoning District Map.

Horizontal Surface Zone. Established beneath the horizontal surface, 150 feet above the established airport elevation, the perimeter of which is constructed by swinging arcs of five-thousand-foot 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 surface zone does not include the approach surface and transitional surface zones.

Conical Surface Zone. Established beneath the conical surface. The Conical Surface Zone commences at the periphery of the horizontal surface and extends outward therefrom a horizontal distance of 4,000 feet.

Utility Runway Visual Approach Surface Zone. Slopes 20 feet outward for each foot upward beginning at the end of and at the same evaluation as the primary surface and extending to a horizontal distance of 5,000 feet along the extended runway center line.

Transitional Surface Zones. Slopes 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 555 feet above mean sea level. In addition to the foregoing, when an airport has a precision instrument runway approach zone, 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. 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 at 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.

Horizontal Surface Zone. Established at 150 feet above the established airport elevation or at a height of 705 feet above mean sea level.

Conical Surface Zone. Slopes 20 feet outward for each foot upward beginning at the periphery of the horizontal surface and at 150 feet above the established airport elevation and extending to a height of 350 feet above the established airport elevation or at a height of 905 feet above mean sea level.

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 50 feet above the surface of the land.

Reasonableness. All airport zoning regulations adopted under this article shall be reasonable; none shall impose any requirement or restriction unless it is reasonably necessary to effectuate the purpose of this chapter. In determining what regulations it may adopt, the City shall consider, among other factors, the character of the flying operations expected to be conducted at the airport, the nature of the terrain within the airport hazard area, the character of the neighborhood and the uses to which the property to be zoned is put and adaptable.

Use restrictions. Notwithstanding any other provisions of this chapter, no use may be made of land or water within any 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, 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.

Nonconforming uses.

Future uses.

Existing uses. Before any nonconforming structure may be replaced, substantially altered or rebuilt, or tree allowed to grow higher or replanted, a permit must be secured from the City authorizing the replacement or change. 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 amendment thereto or than it is when the application for a permit is made.

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 this chapter.

Variance. Any person desiring to erect any structure or increase the height of any structure, or permit the growth of any object of natural growth or otherwise use his property in violation of airport zoning regulations, may apply to the Zoning Hearing Board for a variance from the zoning regulations in question. A variance shall only be granted after the requirements of set forth in Article XXIII of this chapter are satisfied. A variance may be allowed where a literal application or enforcement of the regulations would result in practical difficulty or unnecessary hardship, and the relief granted would not be contrary to the public interest but would do substantial justice and would be in accordance with the spirit of the regulations and this chapter. Any variance may be granted subject to any reasonable conditions that the Zoning Hearing Board may deem necessary to effectuate the purposes of this chapter. 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. Additionally, no application for variance to the requirements of this chapter may be considered by the Zoning Hearing Board unless a copy of the application has been furnished to the airport manager (or person of equivalent description) for advice as to the aeronautical effects of the variance. If the airport manager (or person of equivalent description) does not respond to the application within 15 days after receipt, the Zoning Hearing Board may act without such input to grant or deny said application.

Hazard marking and lighting. In granting any permit or variance under this section, the Board shall, if it deems the action advisable to effectuate the purpose of this chapter and reasonable under the circumstances, so condition the permit or variance as to require the owner of the structure or object of natural growth in question to permit the City, at its own expense, or require the person or persons requesting the permit or variance to install, operate and maintain thereon such markers and lights as may be required by guidelines or regulations adopted by the FAA.

Local enforcement. It shall be the duty of the Zoning Officer to administer and enforce the regulations prescribed herein. Applicants for permits and variances shall be made to the Zoning Officer upon a form published for that purpose. Applications required by this chapter to be submitted to the Zoning Officer shall be promptly considered and granted or denied. Application for action by the Zoning Hearing Board shall be forthwith transmitted by the Zoning Officer.

Notice to department. Notwithstanding any other provision of law, a municipality or board which decides to grant a permit or variance under this chapter shall notify the Department of Transportation of its decision. This notice shall be in writing and shall be sent so as to reach the department at least 10 days before the date upon which the decision is to issue.

Right of appeal. Any person aggrieved or taxpayer affected by any decision of the City may appeal to the Zoning Hearing Board as provided by law.

Reasonable time requirement. All appeals hereunder must be taken within a reasonable time as provided by the rules of the Zoning Hearing Board. The Board shall fix a reasonable time for hearing appeals, give public notice and due notice to the parties in interest, and decide the same within a reasonable time. Upon the hearing, any party may appear in person or by agent or by attorney.

Stay of proceedings. An appeal shall stay all proceedings in furtherance of the action appealed from unless the City certifies to the Board, after the notice of appeal has been filed within, that, by reason of the facts stated in the certificate, a stay would, in its opinion, cause imminent peril to life or property. In such cases, proceedings shall not be stayed otherwise than by order of the Board or notice to the City.

Power to reverse, affirm or modify orders. The Zoning Hearing Board may, in conformity with the provisions of this chapter, reverse or affirm, in whole or in part, or modify the order, requirement, decision or determination appealed from and may make such order, requirement, decision or determination as may be appropriate under the circumstances.

Use of language. Words of any gender used in this chapter shall be held and construed to include any other gender, and words in the singular shall be used to include the plural, unless the context otherwise requires.

Use of captions. The captions or headings of sections in this chapter are inserted for convenience only, and shall not be considered in construing the provision herein if any question of intent should arise.

Any person, or partnership or corporation who or which has violated or permitted the violation of the provisions of any zoning ordinance enacted under this act or prior enabling laws shall, upon being found liable therefor in a civil enforcement proceeding commenced by a municipality, pay a judgment of not more than $500 plus all court costs, including reasonable attorney fees incurred by a municipality as a result thereof. No judgment shall commence or be imposed, levied or payable until the date of the determination of a violation by the Magisterial District Judge. If the defendant neither pays nor timely appeals the judgment, the municipality may enforce the judgment pursuant to the applicable rules of civil procedure. Each day that a violation continues shall constitute a separate violation, unless the Magisterial District Judge, determining that there has been a violation, further determines that there was a good faith basis for the person, partnership or corporation violating this article to have believed that there was no such violation, in which event there shall be deemed to have been only one such violation until the fifth day following the date of the determination of a violation by the Magisterial District Judge, and thereafter each day that a violation continues shall constitute a separate violation. All judgments, costs and reasonable attorney fees collected for the violation of zoning ordinances shall be paid over to the municipality whose ordinance has been violated.

The court of common pleas, upon petition, may grant an order of stay, upon cause shown, tolling the per diem fine finding a final adjudication of the violation and judgment.

Nothing contained in this section shall be construed or interpreted to grant to any person or entity other than the municipality the right to commence any action for enforcement pursuant to this section.

Notice and hearing. No airport zoning regulation shall be adopted, amended or changed except by action of the City after a public hearing in relation thereto at which parties in interest and citizens shall have an opportunity to be heard. The notice shall be published once each week for two successive weeks in a newspaper of general circulation in the municipality or municipalities affected. The notice shall state the time and place of the hearing and the particular nature of the matter to be considered at the hearing. The first publication shall not be more than 30 days and the second publication shall not be less than seven days from the date of the hearing.

Effective date. Whereas, the immediate operation of the provisions of this chapter is necessary for the preservation of the public health, safety, morals and general welfare, an emergency is hereby declared to exist, and this chapter shall be in full force and effect from and after its passage by the municipality and publication and posting as required by Subsection A above.

Locate the point (object) in question on the figure (sample point locations identified by numbers are given in various coded airport zones).

Apply the formula having the same number as the chosen point location to calculate the maximum allowable height for an object at that point [some formulas will have letter variables (A, B, C, etc.) which are shown on the figure].