Stowe Township City Zoning Code
ARTICLE III
Schedule of District Regulation
§ 675-8 Establishment of district classifications.
The Township of Stowe is hereby divided into the following zoning districts:
Residential Districts |
R-1 Single-Family Residential |
R-2 Single-Family and Two-Family Residential |
R-3 General Residential |
Mixed-Use Districts |
RC-1 Residential/Commercial |
RC-2 Mixed Residential/Limited Manufacturing |
Commercial, Industrial Districts |
C-1 Commercial Business |
C-2 Commercial [Added 12-8-2015 by Ord. No. 989] |
G-1 General Industrial |
Special Districts |
CD Conservation |
Overlay Districts |
Airport District Overlay Approach Surface Zone (there are hereby created and established certain zones within the Airport District Overlay District, defined in the attachment "A" to this chapter)[1] [Added 11-9-2011 by Ord. No. 950] |
[1]
Editor's Note: Said attachment is on file in the Township offices.
§ 675-9 Zoning District Map and boundaries.
A.
The boundaries of the various zoning districts are established on the map entitled "Official Zoning Map" on file in the office of the Township Secretary.[1] This map, with all explanatory matter thereon, is hereby made a part of this chapter. The Official Zoning Map shall be dated and shall carry the signatures of the Chairman of the Board of Commissioners and the Township Secretary, certifying that it is the true map adopted by the Commissioners, and this map shall be sealed with the official Township seal. All amendments shall be identified on the map and similarly certified.
[1]
Editor's Note: The Official Zoning Map is available via the Township website.
B.
The boundaries between districts are, unless otherwise indicated, either the center line of streets or such lines extended, or parallel lines thereto, or property lines, or other physical boundaries and delineations. Where streets, property lines, or other physical boundaries and delineations are not applicable, boundaries shall be determined by scale shown on the Official Zoning Map.
C.
Where physical or cultural features existing on the ground are at variance with those shown on the Official Zoning Map, or in other circumstances not specifically covered above, the Zoning Hearing Board shall interpret the district boundaries.
D.
In the event that a street, alley or other way shown on the Official Zoning Map is vacated, the property formerly in said street or right-of-way shall be included within the zoning district of the adjoining property on either side of said vacated street or way. Where said street forms a zoning district boundary, the new district boundary shall be the new property line created by the former center line of said vacated street.
§ 675-10 R-1 Single-Family Residential Districts.
A.
Purpose. R-1 Districts are intended to be principally single-family homes on individual lots with customary residential accessory uses. Certain residentially related uses will be permitted as conditional uses, provided they meet the criteria contained in this chapter.
B.
Permitted uses.
C.
Conditional uses. The following uses are subject to the conditions set forth in Article V of this chapter:
D.
Area and bulk regulations: permitted and conditional uses.
(2)
Minimum yard requirement.
(a)
Front: 20 feet, or the average of the two abutting structures where these yards are less than the minimum required.
(b)
Side: residential, five feet for each side yard. On a corner lot, the side yard abutting a public street shall be the same depth as the front yard. Other uses: two side yards, each 15 feet, for any principal structure or use.
(c)
Rear: 25 feet for any principal structure and a minimum five feet for any accessory structure.
(3)
Maximum lot coverage: 30% for all uses.
§ 675-11 R-2 Single-Family and Two-Family Residential.
A.
Purpose. This district provides for a mix of single- and two-family residential units at varying lot sizes and densities. It also includes, as conditional uses, certain specialized housing types, such as group residences and nursing homes, where these can be developed so as to be compatible with the existing neighborhood and adjacent residences.
C.
Conditional uses. The following uses are subject to the conditions set forth in Article V of this chapter.
(1)
Schools, excluding boarding facilities.
(2)
Churches or other places of worship.
(3)
Day-care centers, as defined by this chapter.
(4)
Group residences and family boarding homes, as defined by this chapter.
(5)
Public recreational facilities; other public buildings/uses.
(6)
In-home licensed day-care facilities, providing care for three to six children, which comply with this chapter's definition of "home occupation."
(7)
Funeral home.
D.
Area and bulk requirements: permitted and conditional uses.
(2)
Minimum yard requirements.
(a)
Front yard: 20 feet for dwellings; 30 feet for other uses.
(b)
Side yard: residence (other than multifamily), two side yards totaling 10 feet but none less than three feet. On a corner lot, a side yard abutting a street shall be at least equal to the front yard of the rear abutting lot which fronts on that street, but in no event less than 10 feet.
(c)
Other uses: 15 feet each side yard.
(d)
Rear yard: 25 feet for principal structures and five feet for accessory structures.
(3)
Maximum lot coverage: 40% for single- and two-family dwellings.
(6)
Conversions of existing dwellings. A single- or two-family detached house, existing at the time of the adoption of this chapter, may be converted into a maximum of four dwelling units under the following provisions:
(a)
The required off-street parking spaces (1 1/2 spaces per unit) can be provided.
(b)
Any alterations of the structures for purposes of conversion do not make the structure nonconforming (or any more nonconforming) as to yard, height and lot coverage for a single- or two-family structure, except that required parking may be provided in the rear yard area, provided a minimum three-foot landscaped or planted setback is maintained along the rear and side property line.
(c)
All other applicable state and local regulations can be met.
§ 675-12 R-3 General Residential.
A.
Purpose. This district provides for a mix of single-, two-family, townhome and multifamily residential units at varying lot sizes and densities. It also includes, as conditional uses, certain specialized housing types, such as group residences and nursing homes, where these can be developed so as to be compatible with the existing neighborhood and adjacent residences.
B.
Permitted uses.
(1)
Single-family detached dwellings.
(2)
Two-family detached dwellings.
(3)
Townhouses.
(4)
Multifamily, multistory dwellings, not to exceed four stories.
(5)
Residential conversions of existing single- or two-family structures to not more than four multifamily units.
(6)
Residential accessory uses, such as garages, gardens, private swimming pools.
(9)
Essential services and public service facilities, as defined by this chapter.
(10)
Non-impact home occupations.
C.
Conditional uses. The following uses are subject to the conditions set forth in Article V of this chapter.
(1)
Schools, excluding boarding facilities.
(2)
Churches or other places of worship.
(3)
Day-care centers, as defined by this chapter.
(4)
Nursing or convalescent homes.
(5)
Group residences and family boarding homes, as defined by this chapter.
(6)
Public recreational facilities, other public buildings/uses.
(7)
In-home day-care facilities, providing care for three to six persons, which comply with this chapter's definition of "home occupation."
(8)
Funeral home.
D.
Area and bulk requirements: permitted and conditional uses.
(1)
Minimum lot area.
(a)
Single-family: 5,000 square feet/unit.
(b)
Two-family: 2,500 square feet/unit.
(c)
Townhouses, multifamily: 1,400 square feet/unit, provided that no more than 25 units per acre shall be permitted.
(d)
Group residence, family boarding home: 6,000 square feet.
(e)
Schools, churches, nursing homes, day-care facilities: 10,000 square feet.
(2)
Minimum yard requirements.
(a)
Front yard: 20 feet for dwellings; 30 feet for other uses.
(b)
Side yard: residence (other than multifamily), two side yards totaling 10 feet but not less than three feet. On a corner lot, a side yard abutting a street shall be at least equal to the front yard of the rear abutting lot which fronts on that street, but in no event less than 10 feet.
(c)
Other uses: 15 feet each side yard.
(d)
Rear yard: 25 feet for principal structures, and five feet for accessory structures.
(e)
Yards for multifamily dwellings. No specified front, side and rear yard, provided that no structure is closer than 15 feet to any property or street right-of-way line.
(f)
Building spacing for multifamily dwellings. Groups of buildings within a single development site shall be arranged so as to ensure adequate light and air exposures for walls containing main-window exposures or main entrances and to be accessible to emergency vehicles. In no case shall any structure on the same site or an abutting property when having a side-to-side (wall), rear-to-side or rear-to-rear orientation; or closer than 15 feet when having a front-to-front, front-to-rear or front-to-side orientation.
(g)
Maximum lot coverage: 40% for single, two-family dwellings, group residences, family boarding homes; 70% for townhouses, multifamily and other uses.
F.
Conversions of existing dwellings. A single- or two-family detached house, existing at the time of the adoption of this chapter, may be converted into a maximum of four dwelling units under the following provisions:
(1)
The required off-street parking spaces (1 1/2 spaces per unit) can be provided.
(2)
Any alterations of the structures for purposes of conversion do not make the structure nonconforming (or any more nonconforming) as to yard, height and lot coverage for a single- or two-family structure, except that required parking may be provided in the rear yard area, provided a minimum three-foot landscaped or planted setback is maintained along the rear and/or side yard property line.
(3)
All other applicable state and local regulations can be met.
§ 675-13 RC-1 Residential/Commercial.
A.
Purpose. This district designates neighborhoods where new commercial uses may be located as conditional uses, although the area is still predominately residential. These areas, generally adjacent to other commercial or industrial zones, are ones where older homes already have been converted to businesses. Additional conversions may be appropriate, provided they meet certain standards to avoid negative impacts on other residences.
B.
C.
Conditional uses. The following uses are subject to the conditions set forth in Article V of this chapter.
(1)
Convenience retail businesses such as food store, drugstore, bakery, clothing shop, specialty store.
(2)
Personal service businesses, such as barber and beauty shops, shoe repair, laundry (no cleaning or processing on premises).
(3)
Business services, such as stationery supplies and printing and copying, computer and data processing.
(4)
Banks and financial institutions.
(5)
Business and professional offices.
(6)
Public or private schools.
(7)
Day-care centers, as defined by this chapter.
(8)
Public recreation, other public building/use.
(9)
Institutional facility.
(10)
Rooming house.
D.
Area and bulk regulations: permitted and conditional uses.
(1)
Minimum lot area.
(a)
Single-family dwelling: 2,600 square feet per dwelling.
(b)
Two-family dwelling: 3,000 square feet per dwelling.
(c)
Multifamily: 1,200 square feet per dwelling.
(d)
Manufactured or mobile home parks: five acres for the park area and 5,000 square feet per manufactured home unit.
(e)
Nonresidential, conditional uses: no prescribed minimum; lot areas shall be sufficient to meet requirements for yards, setbacks, lot coverage, off-street parking and loading, and other applicable provisions of this chapter.
(2)
(5)
Other standards.
(a)
Conversions of existing structures to multifamily dwellings must comply with the off-street parking, lot area, and yard requirements of this chapter and applicable standards of the Township building code.
(b)
Where an existing business proposes to expand by 30% or more of its gross area, it shall provide the required off-street parking and loading areas for the entire use, based on the gross area of both existing facilities and the proposed expansion.
§ 675-14 RC-2 Residential/Limited Manufacturing.
A.
Purpose. This district designates areas which are predominately residential but include scattered, smaller light manufacturing and commercial uses. These areas generally border industrial zones and may be viewed as transitional areas. Additional new commercial and light manufacturing uses will be permitted as conditional uses. However, they must meet certain criteria to assure that their location and operations are compatible with adjacent residences and that they do not create blighting influences or hazardous conditions in the neighborhood.
B.
Permitted uses.
(1)
Single- and two-family detached dwellings.
(2)
Townhouses.
(3)
Multifamily dwellings.
(4)
Customary residential accessory uses, such as garages, gardens, private swimming pools.
(6)
Essential and public service, as defined by this chapter.
(7)
Group residences and family boardinghouses, as defined by this chapter.
(8)
Non-impact home occupations.
C.
Conditional uses. The following uses are subject to the conditions set forth in Article V of this chapter:
(1)
Neighborhood convenience commercial, including small food, dairy store, drugstore, newsstand, stationery or variety store (less than 3,000 square feet).
(2)
Commercial uses providing services or supplies to other businesses or industries, such as advertising, mailing, reproduction and printing, computer and data processing.
(3)
Business or professional offices.
(4)
Light manufacturing, including production, processing, testing, repair, or servicing of apparel and other textile products, furniture and fixtures, paper and allied products, printing and publishing, rubber and plastics, leather and leather products, instruments and related products, jewelry, musical instruments, toys and sporting goods, pencils, pens and art supplies, signs and advertising displays and burial caskets.
(5)
Vehicular repair and service.
(6)
Wholesale distribution and storage.
(7)
Contractor's office and equipment storage.
(8)
Public recreation facilities, public buildings/uses.
D.
Area and bulk regulations: permitted and conditional uses.
(1)
Minimum lot area.
(a)
Single-family, two-family dwellings: 2,500 square feet per unit.
(b)
Multifamily dwellings: 1,200 square feet per unit.
(c)
Nonresidential, conditional uses: no prescribed minimum; lot area shall be sufficient to meet requirements for yards, setbacks, lot coverage, off-street parking and loading, and other applicable provisions of this chapter.
(2)
(4)
Other standards.
(a)
Conversions of existing structures to multifamily dwellings must comply with the off-street parking, lot area, and yard requirements of this chapter and with applicable standards of the Township building code.
(b)
Where an existing business proposes to expand by 30% or more of its gross area, it shall provide the required off-street parking and loading areas for the entire use, based on gross area of both existing facilities and the proposed expansion.
§ 675-15 C-1 Commercial Business District.
A.
Purpose.
(1)
This district provides for a broad range of commercial uses and offices typical of the Township's central business area. The intent of this district is to encourage continued business and employment growth, as well as additional residential development.
(2)
The C-1 District is primarily retail and service business located on separately owned lots, rather than unified shopping centers. Businesses in this district should be compatible in terms of general market and operating characteristics.
(3)
The C-1 District provides areas for expansion of business, office, commercial and multifamily residential uses. Due to changes in topography and considerations of traffic access and safety and the immediately adjacent residential district, uses in the C-1 District must comply with the special area and dimensional and traffic access requirements.
B.
Permitted uses.
(1)
C-1 District.
[Amended 12-8-2015 by Ord. No. 989]
(a)
Retail businesses, shoppers' convenience and general retail uses, such as food, drugs, bakery, apparel, hardware, appliances, furniture, jewelry, and specialty shops.
(b)
Personal services, such as barber and beauty shops, laundry and cleaning (no processing on premises), pet grooming, and shoe repair.
(c)
Eating and drinking establishments (excluding drive-in restaurants).
(d)
Business and professional office [upper floor(s) of a building only, not permitted at the ground level of a building].
(e)
Medical facility, center or clinic [upper floor(s) of a building only, not permitted at the ground level of a building].
(f)
Customary accessory uses, such as parking and enclosed storage, to any permitted uses.
(g)
Essential services and public service facilities, as defined by this chapter.
(i)
Non-impact home occupations.
(j)
Existing single- and two-family dwellings.
(k)
Multifamily dwellings [upper floor(s) of a building only, not permitted at the ground-level of a building].
(l)
Intermodal rail facility.
(m)
Theaters.
C.
Area and bulk regulations: permitted and conditional uses.
[Amended 12-8-2015 by Ord. No. 989]
(1)
Minimum lot area: 2,500 square feet.
(2)
Minimum lot width: 25 feet.
(3)
Maximum lot coverage: none.
(4)
Minimum yard requirements.
(a)
Principal uses:
[1]
Front yard: zero feet. The building shall be built to the property line.
[2]
Side yard: zero feet. The building shall be built to the property line as practicable as possible.
[3]
Rear yard: 25 feet. Where the rear yard abuts a residential property, the rear yard shall contain a buffer as set forth in Article IV, § 675-25(I). Where the rear yard abuts a public access roadway, the parking requirements as set forth in Article IV, § 675-28, may be developed in the rear yard area and there shall be no setback requirement.
(c)
The yard requirements shall not apply to an intermodal rail facility.
(5)
Maximum height:
(a)
Principal uses: 35 feet.
(b)
Accessory uses: 16 feet with the additional condition that a second floor of an accessory structure cannot exceed 50% of the first-floor footprint area of the accessory structure.
(c)
Cranes and other similar accessory structures associated with an intermodal rail facility use shall not be subject to these height limitations.
(6)
Community scale. No business may occupy a building space of greater than 3,000 square feet. This shall not apply to an intermodal rail facility.
E.
Other standards.
(1)
Conversions of existing structure to multifamily dwellings or commercial uses must comply with the off-street parking and lot area requirements of this district and applicable provisions of the Township building code. The minimum front, side or rear yard requirements may be waived for an existing structure which does not comply, provided the proposed conversion does not make the structure any more nonconforming as to yard setbacks.
(2)
A conversion of existing structures to nonresidential uses must provide a minimum three-foot planted screen along any side or rear and side property line abutting a residential use, in accordance with § 675-25 of this chapter.
(3)
Off-street parking may be located in a required rear yard, provided a minimum three-foot setback is maintained along the rear and side property line. This setback must be planted or otherwise screened in accordance with § 675-28 of this chapter.
(4)
All driveways must be located and designed in accordance with the Pennsylvania Department of Transportation (PennDOT) requirements (67 Pa. Code Chapter 1). Access to these properties must be approved by the Board of Commissioners. As a condition of approval, applicants may be asked to:
(a)
Provide a shared access with one or more adjacent properties;
(b)
Construct, or dedicate land for, a portion of service or frontage road along an applicable roadway which provides ingress and egress at points which do not impede normal operating conditions of the road or do not create hazardous traffic conditions.
(c)
The Board of Commissioners may impose any other reasonable conditions to assure safe traffic and pedestrian access and preserve the safety and traffic operating characteristics of the surrounding street system. Any costs incurred by the Township for traffic engineering studies relative to these determinations shall be paid by the applicant or developer.
§ 675-16 C-2 Commercial District.
[Added 12-8-2015 by Ord. No. 989]
A.
Purpose. The C-2 District provides for flexible commercial uses and a wider scale of commercial uses. The intent of this district is to encourage continued business and employment growth. Businesses in this district should be compatible in terms of general market and operating characteristics.
B.
Permitted uses.
(1)
C-2 District.
(a)
Business and professional office.
(b)
Medical facility, center or clinic.
(c)
Funeral home.
(d)
Day-care center.
(e)
Private school.
(f)
Private club and fraternal organizations.
(g)
Public service facility, building, or recreational areas.
(h)
Customary accessory uses, such as parking and enclosed storage, to any permitted uses.
(i)
Essential services and public service facilities, as defined by this chapter.
(k)
Non-impact home occupations.
(l)
Existing single- and two-family dwellings.
(m)
Multifamily dwellings, including townhouses and garden dwellings.
(n)
Commercial recreation uses, such as bowling, racquetball, and exercise clubs.
(o)
Retail plumbing, heating, electrical and similar building material sales (excluding wholesale and warehousing).
(p)
Theaters.
(q)
Veterinarian offices (excluding boarding facilities).
C.
Area and bulk regulations: permitted and conditional uses.
(1)
Minimum lot area: 2,500 square feet.
(2)
Minimum lot width: 25 feet.
(3)
Maximum lot coverage: 80%.
(4)
Minimum yard requirements.
(a)
Principal uses:
[1]
Front yard: no minimum front yard, but there is maximum setback of 10 feet.
[2]
Side yard: zero feet. The building shall be built to the property line as practicable as possible.
[3]
Rear yard: 25 feet. Where the rear yard abuts a residential property, the rear yard shall contain a buffer as set forth in Article IV, § 675-25(I). Where the rear yard abuts a public access roadway, the parking requirements as set forth in Article IV, § 675-28, may be developed in the rear yard area and there shall be no setback requirement.
(6)
Community scale. No business may occupy a building space of greater than 5,000 square feet.
E.
Other standards.
(1)
Conversions of existing structures to multifamily dwellings or commercial uses must comply with the off-street parking and lot area requirements of this district and applicable provisions of the Township building code. The minimum front, side or rear yard requirements may be waived for an existing structure which does not comply, provided the proposed conversion does not make the structure any more nonconforming as to yard setbacks.
(4)
All driveways must be located and designed in accordance with the Pennsylvania Department of Transportation requirements (67 Pa. Code Chapter 1, as amended). Access to these properties must be approved by the Board of Commissioners. As a condition of approval, applicants may be asked to:
(a)
Provide a shared access with one or more adjacent properties;
(b)
Construct, or dedicate land for, a portion of service or frontage road along an applicable roadway which provides ingress and egress at points which do not impede normal operating conditions of the road or do not create hazardous traffic conditions; and/or
(c)
The Board of Commissioners may impose any other reasonable conditions to assure safe traffic and pedestrian access and preserve the safety and traffic operating characteristics of the surrounding street system. Any costs incurred by the Township for traffic engineering studies relative to these determinations shall be paid by the applicant or developer.
§ 675-17 General Industrial District.
A.
Purpose. This district designates suitable areas for new and expanded manufacturing industrial uses which comply with the performance standards of this chapter.
B.
Permitted uses.
(1)
Any production, fabricating, processing, cleaning, servicing, repair, testing, or storage of goods or products, provided the use conforms to the performance standards in § 675-37 of this chapter.
(2)
Any business or commercial establishment which provides supplies or services to industrial and manufacturing customers and which conforms to the performance standards in § 675-37 of this chapter.
(3)
Railway, truck and freight terminals.
(4)
Wholesale and distribution establishments, including warehousing, parcel delivery, storage, and beverage bottling plants.
(5)
Animal hospitals and kennels.
(6)
Gasoline sales and service stations.
(7)
Vehicular repair.
(8)
Customary accessory uses, such as business offices, storage areas, snack bar or cafeteria.
(9)
Public facilities and essential services.
(10)
New or used auto sales.
(11)
Home occupation.
(12)
Intermodal rail facility.
[Added 1-13-2015 by Ord. No. 975]
D.
F.
Other standards.
(1)
Storage or other outdoor operations shall not be conducted in required front yards. They may be located in side or rear yards if such area is separated from a public street or property (except property in a G-1 District) by a planted or screened buffer area, in accordance with this chapter.
(2)
If a lot in a G-1 District adjoins an RC-1 or RC-2 District, a planted or otherwise screened buffer area shall be provided at the lot line to protect, on a year-round basis, the privacy of the adjoining residential uses.
§ 675-18 Conservation Districts.
A.
Purpose. This district includes natural and environmentally sensitive areas, such as floodplains, the Ohio River Island or islands, or steep slopes, which require special regulations to assure their protection, preservation, and/or safe use.
B.
Permitted uses. None.
C.
Conditional uses. The following uses are permitted, subject to the conditions of this chapter, Chapter 323, Floodplain Management, or other applicable federal, state and local regulations:
(1)
Single-family.
(2)
Townhouse development.
(3)
Public or private recreational uses and related facilities.
(4)
River-oriented recreation and commercial uses adjacent to the Ohio River, such as marinas, boat docks, storage and launching facilities, fishing piers or area, eating and drinking establishments, specialty shops, and similar uses.
(5)
Farming, greenhouses, plant nurseries, and gardens.
(6)
Manufactured (or mobile) home parks.
(7)
Home occupation.
D.
Area and bulk regulations: permitted and conditional uses.
(1)
Minimum lot area: 8,000 square feet.
(2)
Minimum yard requirements: All yard and setback requirements will be established by Board of Commissioners during the review of the conditional use application, based on the type of use proposed, site access, connection required to adjacent uses or properties, and similar conditions.
(3)
Maximum lot coverage: Total impervious surfaces shall not exceed 30% of lot area.
(4)
Maximum height: 35 feet.
§ 675-19 Airport Overlay.
[Added 11-9-2011 by Ord. No. 950]
A.
Purpose. The purpose of this section is to create an Airport District Overlay that considers safety issues around the Pittsburgh International Airport, regulates and restricts the heights of constructed structures and objects of natural growth, creates appropriate zones, establishing the boundaries thereof and providing for changes in the restrictions and boundaries of such zones, creates the permitting process for use within said zones and provides for enforcement, assessment of violation penalties, an appeals process, and judicial review.
B.
Relation to other zoning districts. The Airport District Overlay shall not modify the boundaries of any underlying zoning district. Where identified, the Airport District Overlay shall impose certain requirements on land use and construction in addition to those contained in the underlying zoning district.
C. 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 NON-PRECISION-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 the Airport Overlay District, shall have the meaning given to them in this section, unless the context clearly indicates otherwise.
The highest point of an airport's usable landing area measured in feet above sea level. The airport elevation of the Pittsburgh International Airport is 1,204 feet above mean sea level.
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 chapter and the Act 164 of 1984 (Pennsylvania Laws Relating to Aviation).[1]
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 Figure 1,[2] 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 Figure 1,[3] is based on the conical surface.
The Pennsylvania Department of Transportation.
The 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 chapter and shown on the Zoning Map,[4] 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 are by tangent lines. The radius of each are is based on the planned approach. The horizontal surface zone, as shown on Figure 1,[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 chapter 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, non-precision-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 chapter.
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 Figure 1,[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 Figure 1,[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: See 74 Pa.C.S.A. § 5101 et seq.
[2]
Editor's Note: Said Figure 1 is on file in the Township offices.
[3]
Editor's Note: Said Figure 1 is on file in the Township offices.
[4]
Editor's Note: The Official Zoning Map is available via the Township website.
[5]
Editor's Note: Said Figure 1 is on file in the Township offices.
[6]
Editor's Note: Said Figure 1 is on file in the Township offices.
[7]
Editor's Note: Said Figure 1 is on file in the Township offices.
D.
Permit applications.
(1)
As regulated by Act 164 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 section. 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 Subsection E.
(2)
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.
(3)
No notice or review under this section is required for any of the following construction or alteration:
(a)
Any object that would be shielded by existing structures of a permanent and substantial character or by natural terrain or topographic features of equal or greater height, and would be located in the congested area of a city, town, or settlement where it is evident beyond all reasonable doubt that the structure so shielded will not adversely affect safety in air navigation.
(b)
Any antenna structure of 20 feet or less in height except one that would increase the height of another antenna structure.
(c)
Any air navigation facility, airport visual approach or landing aid, aircraft arresting device, or meteorological device, of a type approved by the administrator, or an appropriate military service on military airports, the location and height of which is fixed by functional purpose.
(d)
Any construction or alteration for which notice is required by any other FAA regulation.
E.
Variance.
(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 Subsection H, 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 chapter.
F.
Use restrictions. Notwithstanding any other provisions of this chapter, no use shall be made of land or water within the Airport District Overlay 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 Pittsburgh International Airport.
G.
Preexisting nonconforming uses. 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 a nonconforming use. No nonconforming use, however, shall be structurally altered or permitted to grow higher, so as to increase the nonconformity, and a nonconforming use, once substantially abated (subject to this chapter) 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 Subsection E 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 requesting permit or variance, to install, operate, and maintain such marking or lighting as deemed necessary to assure both ground and air safety.
I.
Conflicting regulations. Where there exists a conflict between any of the regulations or limitations prescribed in this chapter and any other regulation applicable to the same area, the more stringent limitation or requirement shall govern and prevail.
J.
Severability. If any of the provisions of this section or the application thereof to any person or circumstance are held invalid, such invalidity shall not affect other provisions or applications of this section which can be given effect without the invalid provision or application, and to this end, the provisions of this section are declared to be severable.