Selinsgrove City Zoning Code
PART 18
AIRPORT ZONING
§ 27-1801 Definitions.
[Ord. 565, 11/17/1986]
As used in this Chapter, unless the context otherwise requires, the following terms shall have the meanings indicated:
AIRPORT
Penn Valley Airport, Snyder County, Pennsylvania.
AIRPORT ELEVATION
The highest point of an airport’s usable landing area measured in feet from sea level.
APPROACH SURFACE
A surface longitudinally centered on the extended runway centerline, extending outward and upward from the end of the primary surface and at the same slope as the approach zone height limitation slope set forth in §27-1803 of this Chapter. In plan, the perimeter of the approach surface coincides with the perimeter of the approach zone.
APPROACH, TRANSITIONAL, HORIZONTAL AND CONICAL ZONES
These zones are set forth in §27-1802 of this Chapter.
CONICAL SURFACE
A surface extending outward and upward from the periphery of the horizontal surface at a slope of 20:1 for a horizontal distance of 4,000 feet.
HAZARD TO AIR NAVIGATION
An obstruction determined to have a substantial adverse effect on the safe and efficient utilization of the navigable airspace.
HEIGHT
For the purpose of determining the height limits in all zones set forth in this Chapter and shown on the Zoning Map, the datum shall be mean sea level elevation unless otherwise specified.
HORIZONTAL SURFACE
A horizontal plane 150 feet above the established airport elevation, the perimeter of which, in plan, coincides with the perimeter of the horizontal plane.
NONCONFORMING STRUCTURE
Any preexisting structure or object of natural growth which is inconsistent with the provisions of this Chapter or an amendment thereto.
NONPRECISION INSTRUMENT RUNWAY
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 non-precision instrument approach procedure has been approved or planned.
OBSTRUCTION
Any structure, growth or other object, including a mobile object, which exceeds a limiting height set forth in §27-1803 of this Chapter.
PERSON
An individual, firm, partnership, corporation, company, association, joint-stock association or governmental entity; includes a trustee, a receiver, an assignee or a similar representative of any of them.
PRIMARY SURFACE
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 in §27-1802 of this Chapter. The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway center line.
RUNWAY
A defined area on an airport prepared for landing and takeoff of aircraft along its length.
STRUCTURE
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.
TRANSITIONAL SURFACES
These surfaces extend outward at 90° 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.
TREE
Any object of natural growth.
UTILITY RUNWAY
A runway that is constructed for and intended to be used for aircraft of 12,500 pounds maximum gross weight and less.
VISUAL RUNWAY
A runway intended solely for the operation of aircraft using visual approach procedures.
§ 27-1802 Establishment of Airport Zones.
[Ord. 565, 11/17/1986]
1.
In order to carry out the provisions of this Chapter, there are hereby created and established certain zones which include all of the land lying beneath the approach surfaces, transitional surfaces, horizontal surfaces and conical surfaces as they apply to the Penn Valley Airport. Such zones are shown on the Penn Valley Airport Zoning Map consisting of one sheet prepared by L. Robert Kimball and Associates labeled “FAR Part 77 Imaginary Surfaces,” dated April 18, 1984, or as amended, which map is a part of the Zoning Map of the Borough of Selinsgrove. 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. The various zones are hereby established and defined as follows (a diagram of the zones listed below is attached to the PVA Zoning Map):
A.
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 4,250 feet at a horizontal distance of 5,000 feet from the primary surface. The center line is the continuation of the center line of the runway.
B.
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. The center line is the continuation of the center line of the runway.
C.
Transitional Zones. The transitional zones are the areas beneath the transitional surfaces.
D.
Horizontal Zone. The horizontal zone is established by swinging arcs of 10,000 feet radiuses 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.
E.
Conical Zone. The conical zone is established as the area that commences at the periphery of the horizontal zone and extends outward therefrom at a horizontal distance of 4,000 feet.
§ 27-1803 Airport Zone Height Limitations.
[Ord. 565, 11/17/1986]
1.
Except as otherwise provided in this Chapter, no structure shall be erected, altered or maintained, and no tree shall be allowed to grow in any zone created by this Chapter 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 same elevation as the primary surface and extending to a horizontal distance of 5,000 feet along the extended runway center line.
B.
Runway Larger than Utility 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.
C.
Transitional Zones. 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 450 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.
D.
Horizontal Zone. Established at 150 feet above the airport elevation or at a height of 600 feet above mean sea level.
E.
Conical Zone. Slopes 20 feet outward for each foot upward beginning at the periphery of the horizontal zone and at 150 feet above the airport elevation and extending to a height of 350 feet above the airport elevation.
F.
Excepted Height Limitations. Nothing in this Chapter shall be construed to prohibit the construction or maintenance of any structure or growth of any tree to a height up to 40 feet above the surface of the land or such lesser height as may be required by more restrictive provisions of the Code of the Borough of Selinsgrove.
§ 27-1804 Use Restrictions.
[Ord. 565, 11/17/1986]
1.
The Airport Zones District shall be deemed an overlay on the applicable base zoning districts as shown on the Selinsgrove Borough Zoning Map. Except as limited by this Chapter, permitted uses on any lot within the Airport Zones District shall be as prescribed in the applicable base zoning district.
2.
Should the Airport Zones District be declared inapplicable by legislative or administrative actions or judicial discretion, the zoning applicable to such lot shall be deemed to be the district in which it is located without consideration of this Chapter.
3.
Should the base zoning of any parcel or any part thereof in which the Airport Zones District is located be changed through any legislative or administrative actions or judicial discretion, such change shall have no effect on the Airport Zones District unless such effect was clearly specified as part of the originally proposed change.
4.
Notwithstanding any other provisions of this Chapter, no use may be made of land or water within any zone established by this Chapter in such a manner as to create electrical interference with navigational signals or radio communication between the airport and aircraft, make it difficult for pilots to distinguish between airport lights and others, result in glare in the eyes of 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.
§ 27-1805 Nonconforming Structures and Trees.
[Ord. 565, 11/17/1986]
1.
Regulations Not Retroactive. The regulations prescribed by this Chapter 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 any nonconforming structure. 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 Chapter and is diligently prosecuted.
2.
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 by the Penn Valley 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 Penn Valley Airport Authority.
3.
Expansion of Nonconforming Structures. No permit shall be granted that would allow the establishment or creation of an obstruction or permit a nonconforming structure or tree to become a greater hazard to air navigation than it was on the effective date of this Chapter or any amendments thereto or than it is when the application for a permit is made.
4.
Nonconforming Structures 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 (but not including the sudden destruction of sound structures), no permit shall be granted that would allow, such structure or tree to exceed the applicable height limit.
§ 27-1806 Zoning Permits.
[Ord. 565, 11/17/1986]
All applications for zoning permits for the erection, alteration or conversion of any structure or the alteration of any use of land which structure or use may conflict with the requirements of this Chapter shall be submitted by the Zoning Officer to the Penn Valley Airport Authority. The Penn Valley Airport Authority shall determine whether the structure or use will create an obstruction and shall indicate its findings to the Borough within 10 days of receipt of the application.
§ 27-1807 Future Obstructions.
[Ord. 565, 11/17/1986]
It will be the responsibility of the Penn Valley Airport Authority to notify the Borough of Selinsgrove of any obstructions within Borough limits. The Borough shall, within 30 days, notify the appropriate property owner in writing of the obstruction and indicate to him the necessity for its removal. The time limit for removal of any obstruction will be one year from the date of notice to the property owner.
§ 27-1808 Variances.
[Ord. 565, 11/17/1986]
1.
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 Chapter, may apply to the Zoning Hearing Board for a variance from such regulations. The application for variance shall be accompanied by a determination for 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 the relief granted will not be contrary to public interest, will not create a hazard to air navigation and will be in accordance with the spirit of this Chapter. Additionally, no application for variance to the requirements of this Chapter may be considered by the Zoning Hearing Board unless a copy of the application has been furnished to the Penn Valley Airport Authority for advice as to the aeronautical effects of the variance. If the Penn Valley Airport Authority does not respond to the application within 15 days after receipt, the Zoning Hearing Board may opt on its will to grant or deny said application.
2.
Obstruction and Marking and Lighting. Any permit or variance granted may, if such action is deemed advisable to effectuate the purpose of this Chapter 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 Penn Valley Airport Authority, at its own expense, to install, operate and maintain the necessary markings and lights.
