Lower Towamensing Township
City Zoning Code
City Zoning Code
ARTICLE IV
Use and District Regulations
§ 450-23 Applicability of regulations.
Except as provided for by law or in this chapter, in each zoning district, no building, structure or land shall be used or occupied except for the purposes permitted in § 450-27 and for the zoning districts so indicated.
§ 450-24 Uses by right; special exceptions; conditional uses; uses not permitted.
B.
A use listed in § 450-27 may be permitted as a special exception in any district denoted by the letters "SE," provided the Zoning Hearing Board authorizes the issuance of a zoning permit by the Zoning Officer in accordance with Article I, subject to the requirements of Article V and this chapter and such further restrictions as the Zoning Hearing Board may establish.
C.
A use listed in § 450-27 may be permitted as a conditional use in any district denoted by the letter "C," provided the Board of Supervisors, having received recommendations from the Planning Commission, grants the conditional use, subject to the requirements of Article V and the expressed standards of this chapter and such further restrictions as the Board of Supervisors may impose to insure protection of adjacent uses or the health, safety, or general welfare.
§ 450-25 Uses subject to other regulations.
A.
Uses permitted by right or as special exceptions or conditional uses shall be subject, in addition to use regulations, to such regulations of yard, lot size, lot width, building area, easements, provisions for off-street parking and loading, and to such other provisions as a specified in other sections of this chapter.
B.
In particular, the laws of the commonwealth regarding well location and sewage disposal shall be adhered to. Further, no zoning permit shall be issued until approval is obtained from the Sewage Enforcement Officer for well location and sewage disposal, unless the premises are served by public water and/or sewage facilities.
§ 450-26 Uses not specifically provided for.
A.
No zoning ordinance can regulate all possible uses of land or anticipate all future conditions. A particular use may be allowed in a district if the use is not materially different from other uses allowed in that district. Such uses may be permitted if the applicant demonstrates:
B.
If the proposed use is similar to a use permitted by right, the Zoning Officer may allow the use, provided the other applicable requirements in this chapter are met. If the proposed use is similar to a use permitted by special exception, the Zoning Hearing Board may allow the use, provided other applicable requirements in this chapter are met, as well as the conditions expressed for the special exception use most similar to the proposed use.
§ 450-27 Table of Use Regulations.
The Table of Use Regulations is included as an attachment to this chapter.
§ 450-28 Dimensional Requirements by District.
The Dimensional Requirements by District is included as an attachment to this chapter.
§ 450-29 Airport Hazard Overlay District (AH).
A.
Relation to other zoning districts. The Airport Hazard Overlay District shall not modify the boundaries of any underlying zoning district. Where identified, the Airport Hazard Overlay District shall impose certain requirements on land use and construction in addition to those contained in the underlying zoning district.
B. AIRPORT AIRPORT ELEVATION AIRPORT HAZARD AIRPORT HAZARD AREA APPROACH SURFACE (ZONE) CONICAL SURFACE (ZONE) DEPARTMENT FAA HEIGHT HORIZONTAL SURFACE (ZONE) LARGER THAN UTILITY RUNWAY NONCONFORMING USE NONPRECISION INSTRUMENT RUNWAY OBSTRUCTION PRECISION INSTRUMENT RUNWAY PRIMARY SURFACE (ZONE) RUNWAY STRUCTURE TRANSITIONAL SURFACE (ZONE) TREE UTILITY RUNWAY VISUAL RUNWAY
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:
Beltzville Airport and Slatington Airport.
The highest point of an airport's usable landing area measured in feet above sea level. (See Airport Figure 3.[1])
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.
Any area of land or water upon which an airport hazard might be established if not prevented as provided for in this section and Act 164 of 1984[2] (Pennsylvania laws relating to aviation).
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 Airport Figures 1 and 2,[3] is derived from the approach surface.
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 Airport Figures 1 and 2,[4] is based on the conical surface.
Pennsylvania Department of Transportation.
Federal Aviation Administration of the United States Department of Transportation.
For the purpose of determining the height limits in all zones set forth in this section and shown on the Zoning Map, the datum shall be mean sea level elevation unless otherwise specified.
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 Airport Figures 1 and 2,[5] is derived from the horizontal surface.
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.
Any preexisting structure, object of natural growth, or use of land which is inconsistent with the provisions of this section 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 by this section.
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.
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 Airport Figures 1 and 2,[6] is derived from the primary surface.
A defined area of 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.
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 Figures 1 and 2,[7] is derived from the transitional surface.
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 or less.
A runway intended solely for the operation of aircraft using visual approach procedures.
[1]
Editor's Note: Said figure is included as an attachment to this chapter.
[2]
Editor's Note: See 74 Pa.C.S.A. § 5102 et seq.
[3]
Editor's Note: Said figures are included as attachments to this chapter.
[4]
Editor's Note: Said figures are included as attachments to this chapter.
[5]
Editor's Note: Said figures are included as attachments to this chapter.
[6]
Editor's Note: Said figures are included as attachments to this chapter.
[7]
Editor's Note: Said figures are included as attachments to this chapter.
C.
Establishment of airport zones. There are hereby created and established certain zones within the Airport Hazard Overlay District, defined in § 450-29B, and depicted on Airport Figures 1 and 3,[8] which include:
(1)
Approach Surface Zone.
(2)
Conical Surface Zone.
(3)
Horizontal Surface Zone.
(4)
Primary Surface Zone.
(5)
Transitional Surface Zone.
[8]
Editor's Note: Said figures are included as attachments to this chapter.
D.
Permit applications.
(1)
Step 1. As regulated by Act 164[9] and defined by 14 CFR 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 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 this 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 Airport Hazard Overlay District. If the Department's BOA returns a determination of a penetration of airspace, the permit shall be denied, and the project sponsor may seek a variance from such regulations as outlined in § 450-29E.
[9]
Editor's Note: See 74 Pa.C.S.A. § 5102 et seq.
(2)
Step 2. Once Step 1 is completed, an application for a permit shall be made to the Zoning Officer of Lower Towamensing Township on a form published for that purpose. Applications required by this section must be submitted to the Zoning Officer of Lower Towamensing Township and shall be considered in accordance with standard permit procedures.
(3)
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.
E.
Variances.
(1)
Any request for a variance shall include documentation in compliance with 14 CFR 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 air space. 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 § 450-29H, Obstruction marking and lighting.
(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.
F.
Use restrictions. Notwithstanding any other provisions of this section, no use shall be made of land or water within the Airport Hazard 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 airport.
G.
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 chapter, 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 the underlying zoning district), may only be reestablished consistent with the provisions herein.
H.
Obstruction marking and lighting. Any permit or variance granted pursuant to the provisions of this chapter may be conditioned according to the process described in § 450-29E to require the owner of the structure or object of natural growth in question to permit the Township, at its own expense, or require the person requesting the permit or variance to install, operate, and maintain such marking or lighting as deemed necessary to assure both ground and air safety.
I.
Violations and penalties. It shall be the duty of the Zoning Officer of Lower Towamensing Township to administer and enforce the regulations prescribed herein. Violations and penalties shall be pursued in accordance with § 450-14 of this chapter.
J.
Conflicting regulations. Where there exists a conflict between any of the regulations or limitations prescribed in this section and any other regulation applicable to the same area, the more stringent limitation or requirement shall govern and prevail.
K.
Appeals. Appeals to actions taken under this section shall be pursued in accordance with the provisions of this chapter. Appeal applications for action by the Zoning Hearing Board shall be forthwith transmitted by the Zoning Officer of Lower Towamensing Township.