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Tatamy City Zoning Code

AIRPORT APPROACH

ZONING

§ 155.235 PURPOSE AND APPLICABILITY.

   This subchapter is primarily intended to protect the public health and safety by preventing obstructions that could pose a serious threat to aircraft as they approach or take off from an airport. This section is adopted under the authority of the state’s Airport Zoning Act of 1984, as amended. All provisions of the remainder of this chapter shall apply to the provisions of this subchapter, including, but not limited to, the enforcement provisions, except where the requirements of this subchapter clearly differ from such other provisions.
(Ord. passed 2-4-1991, § A.1)

§ 155.236 AIRPORT ZONING AGENCIES.

   (A)   The Borough Planning Commission is hereby appointed to serve as the Borough Airport Zoning Planning Agency.
   (B)   The Borough Zoning Hearing Board is hereby appointed to serve as the Airport Zoning Board of Adjustment.
   (C)   Such agencies shall conduct such duties within the same procedures as are followed when conducting their primary role as the Planning Commission or Zoning Hearing Board.
(Ord. passed 2-4-1991, § A.2)

§ 155.237 AIRPORT ZONING MAP.

   The “Airport Zoning Map” shall be the “Height Limitation and Zoning District Map”, prepared under the direction of the state’s Bureau of Aviation and dated 1989, and as may be officially amended in the future by such agency. This map and any subsequent official amendments are hereby incorporated by reference into this subchapter.
(Ord. passed 2-4-1991, § A.3)

§ 155.238 AIRPORT ZONES.

   The following zones are hereby established under this subchapter, as shown on the Official Airport Zoning Map, with the following stated height limitations. An area within more than one of the following zones shall be considered to be only within the most restrictive of those zones.
   (A)   Visual Approach Surface Zone (for a “utility runway”). An area established beneath the visual approach surface, and which has its inner edge coinciding with the width of the primary surface zone of the runway, and which is 250 feet wide. This zone expands outward uniformly to a width of 1,250 feet at a horizontal distance of 5,000 feet from the primary surface, and has its centerline following a continuation of the centerline of the runway. The height limitation of this 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 centerline.
   (B)   Transitional Surface Zone. An area established beneath the transitional surfaces adjacent to each runway and approach surface as indicated on the Airport Zoning Map. The height limitations of this zone shall slope seven feet outward for each foot upward beginning at the sides of and at the same elevation as the primary surface, and extending to a height of 150 feet above the airport elevation. In addition, if the airport has a precision instrument runway approach zone, such height limits shall slope seven feet outward for each foot upward beginning at the sides of and at the same elevation as the approach surface. When the precision instrument runway approach zone projects beyond the conical zone, 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 a horizontal distance of 5,000 feet measured at 90-degree angles to the extended runway centerline.
   (C)   Horizontal Surface Zone. An area established beneath the horizontal surface 150 feet above the established airport elevation, the perimeter of which is constructed, by swinging arcs of a certain 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. This zone shall not include the approach surface nor the transitional surface zones. The height restrictions of this zone are established at 150 feet above the established airport elevation.
   (D)   Conical Surface Zone. An area established beneath the conical surface that commences at the periphery of the horizontal surface and extends outward therefrom a horizontal distance of 4,000 feet. The height limitations of this zone shall slope 20 feet outward for each foot upward beginning at the periphery of the horizontal surface and at 150 feet above the established airport elevation and extending to a height of 350 feet above the established airport elevation.
(Ord. passed 2-4-1991, § A.4)

§ 155.239 HEIGHT REGULATIONS.

   Except as otherwise provided in this chapter, no structure shall be placed, erected or extended and no tree allowed to grow such that it would be within the applicable height limitation established by any of the following zones established by this subchapter: Conical Surface Zone; Horizontal Surface Zone; Transitional Surface Zone; or Utility Runway Visual Approach Surface Zone.
(Ord. passed 2-4-1991, § A.5)

§ 155.240 MAXIMUM HEIGHT.

   (A)   In no case shall the height limitations in this subchapter prevent the placement, erection or extension of any structure or the growth of any tree up to:
      (1)   Seventy-five feet above the surrounding average ground level within all zones established by this subchapter, except the Runway Approach Zone within 4,200 feet from the end of each runway, unless such structure or tree would be placed on an area of exceptionally high topography compared to the surrounding average ground level; and
      (2)   Forty feet above the surrounding average ground level within the Runway Approach Zone within 4,200 feet of the end of each runway, unless such structure or tree would be placed on an areas of exceptionally high topography compared to the surrounding average ground level.
   (B)   To ensure compliance with this subchapter, a special permit shall be required from the Zoning Officer for the erection, placement or extension of any structure over 40 feet in height over any of the ground area below any of the airport zones identified by the Airport Zoning Map.
(Ord. passed 2-4-1991, § A.6)

§ 155.241 NON-CONFORMITIES.

   The non-conforming provisions of this chapter shall also apply to structures regulated by this subchapter. No structure that violates the maximum height requirements of this section shall be allowed to be extended further into the height limit, and no tree shall be allowed to grow into or further into the height limit.
(Ord. passed 2-4-1991, § A.7)

§ 155.242 VARIANCES.

   The Borough Zoning Hearing Board, acting as the Airport Zoning Board of Adjustment, shall have the power to grant variances to the provisions of this subchapter where the applicant proves to the satisfaction of the Board that the proposed structure or tree would not be a hazard to aircraft. No variance shall be granted under this section until a written request for comment is made to the Federal Aviation Administration, the State Bureau of Aviation and the manager of the airport most directly affected by the proposal. If such comments are not received within 45 days from the date of sending, the Board may act without any and all such reviews.
(Ord. passed 2-4-1991, § A.8)

§ 155.243 HAZARDS; MARKINGS.

   (A)   (1)   No use or structure shall occur in such a way as to create any of the following hazards to aircraft:
         (a)   Electrical interference with navigational signals or aircraft radio communications;
         (b)   Visual interference or confusion between aircraft lights or airport approach lights and other lights;
         (c)   Glare in the eyes of pilots;
         (d)   Impaired visibility around the airport;
         (e)   Bird strike hazards;
         (f)   The growth of any tree into the applicable height limitations of the zones established by this subchapter; and
         (g)   Other hazards that threaten to interfere with safe landing, takeoff or maneuvering of aircraft using an airport.
      (2)   Because of the technical nature of these requirements, the borough shall not accept any responsibility for identifying aircraft hazards, but shall instead investigate written complaints filed by licensed pilots, responsible government officials and operators of airports.
(Ord. passed 2-4-1991, § A.9)
   (B)   (1)   The Zoning Officer shall have the authority to require the owner of a property that includes hazards to aircraft that existed prior to the adoption of this subchapter to provide and maintain markings and/or lights on such hazards after receiving a written request for such action from the official operator of an airport or officials of the State Bureau of Aviation or the Federal Aviation Administration.
      (2)   The Zoning Officer shall have the authority to require the owner of a structure receiving a permit or variance under this subchapter after the adoption of this subchapter to provide and maintain at the property owner’s expense sufficient markings and or lighting, within the regulations and/or standards of the Federal Aviation Administration.
(Ord. passed 2-4-1991, § A.10)