Mohnton City Zoning Code

Utility Runway Visual Approach Zone. The inner edge of this approach zone coincides with the width of the primary surface and is 250 feet wide. The approach zone expands outward uniformly to a width of 1,250 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.

Runway Larger than Utility Visual 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 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.

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 widths of the inner edge of the approach zone and the primary surface, however, will be for the most precise approach existing or planned for either end of the runway. 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.

Precision Instrument Runway Approach Zone. The inner edge of this approach zone coincides with the width of the primary surface and is 1,000 feet wide. The approach zone expands outward uniformly to a width of 16,000 feet at a horizontal distance of 50,000 feet from the primary surface. Its center line is the continuation of the center line of the runway.

Transitional Zones. The transitional zones are the areas beneath the transitional surfaces.

Horizontal Zone. The horizontal zone is established by swinging arcs of 5,000 feet 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. The horizontal zone does not include the approach and transitional zones.

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 Part 15, no structure shall be erected, altered, or maintained and no tree shall be allowed to grow in any zone created by this Part to a height in excess of the applicable height herein established for such zone. Such applicable height limitations are hereby established from each of the zones in question as follows:

Excepted Height Limitations. Nothing in this Part 15 shall be construed as prohibiting the construction or maintenance of any structure or growth of any tree to a height up to 35 feet above the surface of the land.

Regulations Not Retroactive. The regulations prescribed in this Part 15 shall not be construed to require the removal, lowering, or other change or alteration of any structure or tree not conforming to the regulations at the effective date of this Part 15, or otherwise interfere with the continuance of a nonconforming use. 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 Part 15 and is diligently prosecuted.

Marking and Lighting. Notwithstanding Subsection 1 of this § 27-1505, 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 airport 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 owner.

Future Uses. Except as specifically provided in Subsections 1A, B, and C of this § 27-1506, 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 particularity to permit it to be determined 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. No permit for a use inconsistent with the provisions of this Part 15 shall be granted unless a variance has been approved in accordance with § 27-1506, Subsection 4.

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 Part 15 or any amendments thereto or than it is when the application for a permit is made. Except as indicated, all applications for such a permit shall be granted.

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 Part 15, 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 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 impractical difficulty or unnecessary hardship and 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 spirit of this Part 15. Additionally, no application for variance to the requirements of this Part 15 may be considered by the Zoning Hearing Board unless a copy of the application has been furnished to the airport manager for advice as to the aeronautical effects of the variance. If the airport manager does not respond to the application within 15 days after receipt, the Zoning Hearing Board may act on its own to grant or deny said application. Any variance granted may be made subject to any reasonable conditions that the Board may deem necessary to effectuate the purposes of this Part 15.

Obstruction Marking and Lighting. Any permit or variance granted may, if such action is deemed advisable to effectuate the purpose of this Part 15 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.

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 Zoning Officer upon a form published for that purpose; applications required by this Part 15 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.

In addition to other available remedies, the Borough may institute in any court of competent jurisdiction an action to prevent, restrain, correct or abate any violation of this Part 15 or of any order or ruling made in connection with its administration or enforcement.

There is hereby created a Zoning Hearing Board of the Borough which shall have and exercise the following powers:

The Zoning Hearing Board shall adopt rules for its governance and in harmony with the provisions of this Part 15. Meetings of the Zoning Hearing Board shall be held at the call of the Chairperson. The Chairperson or, in the absence of the Chairperson, the Acting Chairperson may administer oaths and compel the attendance of witnesses. All hearings of the Zoning Hearing Board shall be public. The Zoning Hearing Board shall keep minutes of its proceedings, showing the vote of each member upon each question or, if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall immediately be filed in the Office of the Zoning Hearing Board and shall be a public record.

The Zoning Hearing Board shall make written findings of facts and conclusions of law giving the facts upon which it acted and its legal conclusions from such facts in reversing, affirming, or modifying any order, requirement, decision, or determination which comes before it under the provisions of this Part 15.

The concurring vote of a majority of the members of the Zoning Hearing Board shall be sufficient to reverse any order, requirement, decision, or determination of the Zoning Officer, or decide in favor of the applicant on any matter upon which it is required to pass under this Part 15, or the effect variation to this Part 15.

Any person aggrieved, or any taxpayer affected, by any decision of the Zoning Officer made in the administration of this Part 15 may appeal to the Zoning Hearing Board.

All appeals hereunder must be taken within a reasonable time as provided by the rules of the Zoning Hearing Board by filing with the Zoning Officer and with the Board a notice of appeal specifying the grounds thereof. The Zoning Officer shall forthwith transmit to the Zoning Hearing Board all the papers constituting the record from which the action appealed was taken.

An appeal shall stay all proceedings in furtherance of the action appealed from unless the Zoning Officer certifies to the Zoning Hearing Board, after the notice of appeal has been filed with it, that by reason of the facts stated in the certificate a stay would, in the opinion of the Zoning Officer, cause imminent peril to life or property. In such case, proceedings shall not be stayed except by the order of the Zoning Hearing Board or notice to the Zoning Officer and on due cause shown.

The Zoning Hearing 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 attorney. The Board shall schedule, advertise and conduct the hearing in the manner and procedure as outlined in this Zoning Chapter 27 for the conducting of other similar hearings before the Board, which procedure is herein incorporated by reference to the extent that it does not conflict with the provisions of this Part 15.

The Zoning Hearing Board may, in conformity with the provisions of this Part 15, 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.