Richland Township City Zoning Code

Generally. There are hereby created and established certain zones within the Airport Overlay District, as defined in §27-701 and depicted on Part 77 Surface Areas Diagram, which include:

Quakertown Airport. The Quakertown Airport Surface Areas Map, March 11, 2010, is hereby adopted as part of this Part 7.

Pennridge Airport. The Pennridge Airport Surface Areas Map, March 11, 2010, is hereby adopted as part of this Part 7.

Generally. Except as otherwise provided in this Part 7, no use shall be permitted and no structure shall be erected, altered or maintained and no tree shall be allowed to grow in any zone created by this Part 7 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 created by this Part 7 as follows:

Preexisting Nonconforming Uses. The regulations prescribed by this Part 7 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 Part 7, or otherwise interfere with the continuance of a nonconforming use. No nonconforming use shall be structurally altered so as to increase the nonconformity, and a nonconforming use, once substantially abated, may only be reestablished consistent with the provisions of Part 8 of this Zoning Ordinance.

Marking and Lighting. Notwithstanding the preceding provisions 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 by the Bucks County Airport Authority 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 Bucks County Airport Authority.

Future Uses. Except as provided in Subsections A, B and 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 by the Township Zoning Officer. 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. The Zoning Officer shall review each application for compliance with this Part 7 and any other applicable provisions of the Zoning Ordinance. If the Zoning Officer makes such a determination in the affirmative, the permit shall be granted. No permit for a use inconsistent with the provisions of this Part 7 shall be granted unless a variance has been approved in accordance with the applicable provisions of this Part 7 and the Township’s Zoning Ordinance. Nothing contained in any of the following 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 Part 7 or the Richland Township Zoning Ordinance.

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 7 or any amendments thereto or than it was when the application for a permit was made.

Nonconforming Uses Abandoned or Destroyed. Whenever the Board of Supervisors of Richland Township 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 the structure or tree to extend above 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 of property not in accordance with the regulations prescribed in this Part 7, may apply to the Zoning Hearing Board for a variance from such regulation(s). The application for a 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 air space. Such variances shall be allowed where it is duly found that a literal application or enforcement of the regulations will result in an unnecessary hardship and that the relief requested will not be contrary to the public interest, will not create a hazard to air navigation, will do substantial injustice, and will be in accordance with the spirit of this Part 7. Additionally, no application for a variance to the requirements of this Part 7 may be considered by the Zoning Hearing Board unless a copy of the application has been furnished to the Airport Manager, if any, the Chairman of the Bucks County Airport Authority, and the owner of the real estate on which the airport is located for advice as to aeronautical effects of the variance request. If the Airport Manager, if any, the Chairman of the Bucks County Airport Authority, and the owner of the real estate on which the airport is located do not respond to the notice of the application within 15 days after receipt, the Zoning Hearing Board may act on its own to grant or deny the application based upon the standards set forth in this Part 7 and the applicable provisions of the Municipalities Planning Code.

Obstruction Marking and Lighting. Any permit or variance granted may, if such action is deemed advisable to effectuate the purpose of this Part 7 and is reasonable under 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.