This article, which may be cited as the Lower Pottsgrove 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 the Pennsylvania Municipalities Planning Code, 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 New Hanover Airport and 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 New Hanover Airport and 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 New Hanover Airport and Pottstown Limerick Airport and any 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 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.

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 to 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.

Horizontal zone. The horizontal zone is established by swinging arcs of five-thousand-foot 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.

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.

Except as otherwise provided in this article, no structure shall be erected, altered or maintained and no tree shall be allowed or grown in any zone created by this article 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 questions as follows:

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.

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.

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 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 New Hanover Airport and Pottstown Limerick Airport.

Future uses. Except as specifically provided in Subsection A(1) and (2) 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 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 § 250-191.

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.

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.

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. The application for variance shall be accompanied by a determination from the Federal Aviation Administration and PennDOT 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.

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.

FAA regulation update. In the event any existing or future regulation of the Federal Aviation Administration (FAA), its successor agency or PennDOT 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.