Swatara Township Lebanon County
City Zoning Code
City Zoning Code
PART 19
AIRPORT DISTRICT OVERLAY
§ 27-1901 Intent.
[Ord. 21A, 9/2/1982; as added by Ord. 2011-27, 2/10/2011, § 1]
The intent of this Part is to create an airport district overlay that considers safety issues around the 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.
§ 27-1902 Definitions.
[Ord. 21A, 9/2/1982; as added by Ord. 2011-27, 2/10/2011, § 1]
The following words and phrases when used in this Part 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 Farmers Pride Airport is 495 feet/150.9 m.
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 Part and the Act 164 of 1984 (Pennsylvania Laws Relating to Aviation).
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, 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, is based on the conical surface.
Pennsylvania Department of Transportation.
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 Part and shown on the zoning map, 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 arc by tangent lines. The radius of each arc is based on the planned approach. The horizontal surface zone, as shown on Figure 1, 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.
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 pre-existing structure, object of natural growth, or use of land which is inconsistent with the provisions of this Part or an amendment thereto.
Any structure, growth, or other object, including a mobile object, which exceeds a limiting height set forth by this Part.
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.
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, 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, 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.
§ 27-1903 Relation to Other Zone Districts.
[Ord. 21A, 9/2/1982; as added by Ord. 2011-27, 2/10/2011, § 1]
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.
§ 27-1904 Establishment of Airport Zones.
§ 27-1905 Permit Applications.
[Ord. 21A, 9/2/1982; as added by Ord. 2011-27, 2/10/2011, § 1]
1.
As regulated by Act 164 and defined by 14 Code of Federal Regulations Part 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), which has a maximum height in excess of 35 feet, 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 Overlay Ordinance. 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 § 27-1906.
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.
§ 27-1906 Variance.
[Ord. 21A, 9/2/1982; as added by Ord. 2011-27, 2/10/2011, § 1]
1.
Any request for a variance shall include documentation in compliance with 14 Code of Federal Regulations Part 77 Subpart V (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 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 § 27-1909.
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 Part.
§ 27-1907 Use Restrictions.
[Ord. 21A, 9/2/1982; as added by Ord. 2011-27, 2/10/2011, § 1]
Notwithstanding any other provisions of this Part, 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 airport.
§ 27-1908 Pre-Existing Non-Conforming Uses.
[Ord. 21A, 9/2/1982; as added by Ord. 2011-27, 2/10/2011, § 1]
The regulations prescribed by this Part shall not be constructed 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, or otherwise interfere with the continuance of a non-conforming use. No non-conforming use shall be structurally altered or permitted to grow higher, so as to increase the non-conformity, and a nonconforming use, once substantially abated (subject to the underlying zoning ordinance), may only be reestablished consistent with the provisions herein.
§ 27-1909 Obstruction Marking and Lighting.
[Ord. 21A, 9/2/1982; as added by Ord. 2011-27, 2/10/2011, § 1]
Any permit or variance granted pursuant to the provisions of this Part may be conditioned according to the process described in § 27-1906 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 the permit or variance, to install, operate, and maintain such marking or lighting as deemed necessary to assure both ground and air safety.
§ 27-1910 Conflicting Regulations.
[Ord. 21A, 9/2/1982; as added by Ord. 2011-27, 2/10/2011, § 1]
Where there exists a conflict between any of the regulations or limitations prescribed in this Part and any other regulation applicable to the same area, the more stringent limitation or requirement shall govern and prevail.