Penn Township Westmoreland County
City Zoning Code
City Zoning Code
ARTICLE XI
Pittsburgh - Bouquet Airport Zoning Regulations
§ 190-1101 Short title; description.
A.
This article shall be known and may be cited as the "Pittsburgh-Bouquet Airport Zoning Ordinance."
B.
The purpose of this article is for regulating and restricting the height of structures and objects of natural growth and otherwise regulating the use of property in the vicinity of the Pittsburgh-Bouquet Airport by creating the appropriate zones and establishing the boundaries thereof, referring to the Pittsburgh-Bouquet Airport Height Limitation and Zoning District Map which is incorporated in and made part of this article, providing for enforcement, establishing a Board of Adjustment and imposing penalties.
§ 190-1102 Declaration of policy.
This article is adopted pursuant to the authority conferred by the Act of October 10, 1984, P.L. 837, No. 164, codified at 74 Pa.C.S.A. § 5101 et seq. It is hereby found that an obstruction has the potential for endangering the lives and property of users of the Pittsburgh-Bouquet Airport and property or occupants of land in its vicinity, that an obstruction may affect existing and future instrument approach minimums of the Pittsburgh-Bouquet 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 Pittsburgh-Bouquet Airport and the public investment therein.
A.
Accordingly, it is declared:
(1)
That the creation or establishment of an obstruction has the potential of being a public nuisance and many injure the region served by the Pittsburgh-Bouquet Airport;
(2)
That it is necessary, in the interest of the public health, safety, morals and general welfare, that the creation or establishment of obstructions that are a hazard to air navigation be prevented; and
(3)
That 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 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 lands.
§ 190-1103 Terminology.
Definitions. The following words and phrases, when used in this article, shall have the meanings given to them in this section, unless the context clearly indicates otherwise:[1]
Any contrivance, except an unpowered hang glider or parachute, used for manned ascent into or flight through the air. See 74 Pa.C.S.A. § 5102.
Refers to the Pittsburgh-Bouquet Airport and is defined as any of land or any appurtenant areas which are used or intended to be used for airport buildings or air navigation facilities or rights-of-way, together with all airport buildings and facilities thereon. See 74 Pa.C.S.A. § 5102. As used herein, the term "airport" shall not include heliports. Private and public airports are defined separately in this section.
The highest point of an airport's usable landing area, measured in feet from sea level; here, 1,188 feet above mean sea level.
Any area of land or water upon which a hazard to air navigation (an airport hazard) might be established if not prevented as provided by these regulations and the Act of October 10, 1984, P.L. 837, No. 164.
A surface longitudinally centered on the extended runway center line, extending outward and upward from the end of the primary surface and at such slope as the approach surface zone height limitation slope set forth in § 190-1105 of this article. In plan, the perimeter of the approach surface coincides with the perimeter of the Approach Zone.
These zones are shown in the illustration entitled "Isometric View of Airport Zones" set forth in § 190-1104 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.
The Pennsylvania Department of Transportation.
The Federal Aviation Administration of the United States Department of Transportation.
Any 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 by "airport hazard" in 74 Pa.C.S.A. § 5102.
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 mean sea level elevation unless otherwise specified.
A horizontal plan 150 feet above the established airport elevation, the perimeter of which, in plan, coincides with the perimeter of the Horizontal Zone.
Any preexisting structure, object of natural growth or use of land which is inconsistent with the provisions of this article or an amendment thereto. Any structure, growth or other object, including a mobile object, which exceeds a limiting height set forth in § 190-1105 of this article.
An individual, firm, partnership, corporation, company, association, joint-stock association or governmental entity, including a trustee, a receiver, an assignee or a similar representative of any of the above.
A surface longitudinally centered on a runway. When the runway has a specially 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 is set forth in § 190-1104 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.
An airport which is privately owned and which is not open or intended to be open to the public, as defined in 74 Pa.C.S.A. § 5102.
An airport which is either publicly or privately owned and which is open to the public, as defined in 74 Pa.C.S.A. § 5102.
A defined area on an airport prepared for landing and takeoff of aircraft along its length.
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.
A runway having an existing instrument approach procedure utilizing air navigation facilities with only horizontal guidance or area-type navigation equipment and for which a straight-in nonprecision instrument approach procedure has been approved or planned.
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 runway that is constructed for and intended to be used by propeller-driven aircraft of 12,500 pounds maximum gross weight and less.
A runway intended solely for the operation of aircraft using visual approach procedures.
An object, including a mobile object, constructed or installed by man, including, without limitation, buildings, towers, cranes, smokestacks, earth formation and overhead transmission lines.
These surfaces extend outward at ninety-degree angles to the runway center line and the runway center line extended at a slope of seven feet horizontally for each foot vertically from the sides of the primary and approach surfaces to where they intersect 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.
§ 190-1104 Airport zoning districts.
A.
In order to carry out the provisions of this article, there are hereby created and established certain airport zoning districts (AZDs) which include all of the land lying beneath the approach surfaces, transitional surfaces, horizontal surfaces and conical surfaces as they apply to the Pittsburgh-Bouquet Airport. Such zones are visually depicted on the Height Limitation and Airport Zoning District Map, prepared by the Southwestern Pennsylvania Regional Planning Commission and dated Spring of 1986, which is attached to this article and made a part hereof.[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.
[1]
Editor's Note: Said map is on file in the Township offices.
B.
The following airport zoning districts are established for the Pittsburgh-Bouquet Airport:
Gross Floor Area (square feet) | Number of Berths Required | |
|---|---|---|
Under 40,000 | None | |
40,000 to 59,999 | 1 berth | |
60,000 to 99,999 | 2 berths | |
100,000 to 160,000 | 3 berths | |
Over 160,000 | 4 berths |
C.
The airport zoning districts for the Pittsburgh-Bouquet Airport are defined as follows:
(1)
CONICAL ZONE (AZD-5): 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, established here by swinging arcs of 9,000 feet from the center of the primary surface of each runway.
(2)
HORIZONTAL ZONE (AZD-4): The Horizontal Zone is established by swinging arcs of 5,000 feet 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 Zone does not include the Approach and Transitional Zones.
(3)
PRIMARY SURFACE ZONE (AZD-1): A surface longitudinally centered on a runway. When the runway has a specially prepared hard surface, the primary surface extends 200 feet beyond each end of that runway. The width of the primary surface is set forth, for each runway, in the definitions contained in this subsection.
(4)
TRANSITIONAL ZONES (AZD-3): The Transitional Zones are the areas beneath the transitional surfaces (see the definition of "transitional surfaces" in § 190-1103).
(5)
UTILITY RUNWAY VISUAL APPROACH ZONE (AZD-2): The inner edge of this zone coincides with the width of the primary surface and is 250 feet wide. The Approach Zone expands outward uniformly to the width of 1,250 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.
 |
§ 190-1105 Airport zone height limitation.
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 limit herein established for such zone. Such applicable height limitations are hereby established for each of the zones in question as follows:
A.
Utility Runway Visual 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.
B.
Transitional Zone: 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 1,188 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 at the same elevation as the approach surface and extending to where they intersect the conical surface.
C.
Horizontal Zone: established at 150 feet above the established airport elevation or at a height of 1,338 above mean sea level.
D.
Conical Zone: slopes 20 feet outward for each foot upward, beginning at the periphery of the horizontal and at 150 feet above the airport elevation and extending to a height of 350 feet above the airport elevation. Here, 1,538 feet.
§ 190-1106 Airport zoning requirements.
A.
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 article. In determining what regulations it may adopt, each municipality and Joint Airport Zoning Board 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 areas, the character of the neighborhood and the uses to which the property to be zoned is put and adaptable.
B.
Use restrictions. 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 communications between the airport and aircraft, make it difficult for pilots to distinguish between airport lights and others, result in glare in the eyes of the 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.
C.
Nonconforming uses.
(1)
Regulations not retroactive. The regulations prescribed by 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 any nonconforming use, except as provided in § 190-1107 (relating to permits and variances). 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 is diligently prosecuted.
(2)
Marking and lighting. Notwithstanding the preceding provisions of this section, the owner of any existing nonconforming structure of tree is hereby required to permit the installation, operation and maintenance thereon or nearby of such markers and lights as shall be deemed necessary by the Airport Manager 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 Pittsburgh-Bouquet Airport owner.
§ 190-1107 Permits; variances.
A.
Future uses.
(1)
Except as specially provided in Subsection A(1)(a), A(1)(b) or C 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 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 article shall be granted unless a variance has been approved in accordance with Subsection D of this section.
(a)
In the area lying within the limits of the Horizontal Zone and the 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.
(b)
In the area lying within the limits of the Horizontal Zone and the 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.
(c)
In area 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.
(d)
In the areas lying within the limits of the Transitional 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 feature, would extend above the height limit prescribed for such Transitional Zones.
(2)
Nothing contained in any of the foregoing exceptions shall be construed as permitting or intending to permit any construction or alteration of any structure or growth of any tree in excess of any of the height limits established by this article.
B.
Existing uses. A permit shall be obtained before any existing use or structure may be substantially changed, but no permit may be 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. However, all regulations shall provide that before any nonconforming structure may be replaced, substantially altered or rebuilt or tree may be allowed to grow higher or be replanted, a permit must be secured from the municipality authorizing the replacement or change. Applications for permits shall only be granted unless to do so would allow the establishment or creation of an airport hazard or permit a nonconforming structure or object of natural growth or nonconforming use to be made or become higher or become a greater hazard to air navigation than it was when the applicable regulation was adopted or than it is when the application for a permit is made.
C.
Nonconforming uses abandoned or destroyed. Whenever the Director of Community Development/Chief 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 object of natural growth or otherwise use his property in violation of this article may apply to the Board of Adjustment for a variance from such regulations. A variance shall only be granted after any requirements of § 190-1108 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 and would not create a hazard to air navigation but would do substantial justice and would be in accordance with the spirit of the regulations of this article. Additionally, no application for variance to the requirements of this article may be considered by the Board of Adjustment 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 Board of Adjustment may act on its own to grant or deny said application.
E.
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 purposes of this article 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 municipality, 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.
§ 190-1108 Enforcement; notice.
A.
Local enforcement. It shall be the duty of the Director of Community Development/Chief Zoning Officer to administer and enforce the regulations prescribed herein. Applications for permits and variances shall be made to the Director of Community Development/Chief Zoning Officer upon a form published for that purpose. Applications required by this article to be submitted to the Director of Community Development/Chief Zoning Officer shall be promptly considered and granted or denied. Application for action by the Board of Adjustment shall be forthwith transmitted by the Director of Community Development/Chief Zoning Officer.
B.
Notice to Department. Notwithstanding any other provision of law, a municipality or board which decides to grant a permit or variance under this article 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.
§ 190-1109 Board of Adjustment.
There has been created, pursuant to Article IX of this chapter, as amended, the Zoning Hearing Board. Said Zoning Hearing Board shall have the power to hear and decide appeals from any order, requirement, decision or determination made by the Penn Township Zoning Officer in the enforcement of this article and to further hear and decide special exceptions to the terms of this article upon which such Zoning Hearing Board under such regulations may be required to pass and, further, to hear and decide specific variances, all of which is pursuant to the authority granted by this chapter, as amended.
§ 190-1110 Joint Airport Zoning Board.
Where any airport hazard area appertaining to an airport is located outside the territorial limits of the municipality encompassing the airport, all of the municipalities involved may, by ordinance or resolution, create a Joint Airport Zoning Board which shall have the same power to adopt, administer and enforce airport zoning regulations applicable to the airport hazard area in question as that vested (by the police power) in the municipality within which the area is located. Each Joint Airport Zoning Board shall have all members, two representatives appointed by each municipality participating in its creation and, in addition, a chairman elected by a majority of the members so appointed.
§ 190-1111 Appeals.
A.
Right to appeal. Any person aggrieved or any taxpayer affected during the administration of this article by any decision of the municipality or Joint Zoning Hearing Board may appeal to the Board of Adjustment.
B.
Reasonable time requirement.
(1)
All appeals hereunder must be taken within a reasonable time, as provided by the rules of the Board of Adjustment, by filing with the Director of Community Development/Chief Zoning Officer a notice of appeal specifying the ground thereof. The Director of Community Development/Chief Zoning Officer shall forthwith transmit to the Board of Adjustment all the papers constituting the record upon which the action appealed from was taken.
(2)
The Board of Adjustment 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.
C.
Stay of proceedings. An appeal shall stay all proceedings in furtherance of the action appealed from unless the municipality or Joint Zoning Hearing Board certifies to the Board of Adjustment, after the notice of appeal has been filed with it, 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 case, proceedings shall not be stayed otherwise than by order of the Board of Adjustment on notice to the municipality or Joint Zoning Hearing Board.
D.
Power to reverse, affirm or modify orders. The Board of Adjustment may, in conformity with the provisions of this article, 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.
§ 190-1112 Acquisition of air rights.
In any case in which it is desired to remove, lower or otherwise terminate a nonconforming structure or use or the approach protection necessary cannot, because of constitutional limitations, be provided by airport zoning regulations or it appears advisable that the necessary approach protection be provided by acquisition of property rights, rather than airport zoning regulations, the municipality within which the property or nonconforming use is located or the municipality or municipal authority owning the airport or served by it may acquire by purchase, grant or condemnation, in the manner provided by the law under which municipalities are authorized to acquire real property for public purposes, such air right, aviation easement or other estate or interest in the property or nonconforming structure or use in question as may be necessary to effectuate the purposes of this article. In the case of the purchase of any property or any easement or estate or interest therein or the acquisition thereof by the power of eminent domain, the municipality making the purchase of exercising the power shall, in addition to the damages for the taking, injury or destruction of property, also pay the cost of the removal and relocation of any structure or any public utility which is required to be moved to a new location.
§ 190-1113 Relation to other zoning regulations.
A.
Incorporation. In the event that a municipality has adopted or hereafter adopts a comprehensive zoning ordinance regulating, among other things, the height of buildings, any airport zoning regulations applicable to the same area or portion thereof may be incorporated in and made a part of the comprehensive zoning regulations and be administered and enforced in connection therewith.
B.
Conflicts. In the event of conflict between any airport zoning regulations adopted under 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, and whether the other regulations were adopted by the municipality which adopted the airport zoning regulations or be some other municipality or otherwise, the more stringent limitation or requirement shall govern and prevail.
§ 190-1114 Judicial review.
Any person aggrieved or any taxpayer affected by any decision of the Board of Adjustment may appeal to the Court of Common Pleas as provided by law. In cases where applicable law does not provide an appeal from a municipality to a board, a person or taxpayer may appeal from a decision of a municipality or Joint Airport Zoning Board, as provided by law for similar zoning proceedings.
§ 190-1115 Violations and penalties.
Each violation of this article or of any regulation, order or ruling promulgated hereunder shall constitute a misdemeanor and shall be punishable by a fine of not more than $500 or imprisonment for not more than 60 days or both, and each day a violation continues to exist shall constitute a separate offense.
§ 190-1116 Adoption and amendment of regulations.
No airport zoning regulations shall be adopted, amended or changed except by action of the municipality or the Zoning Hearing Board 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 nor less than 14 days from the date of hearing.