Upper Allen Township Cumberland County
City Zoning Code
City Zoning Code
ARTICLE XII
Airport Overlay District AO
§ 245-12.1 Purpose.
The purpose of this Airport Overlay District is to consider safety issues around the airport, regulate and restrict the height of constructed structures and objects of natural growth, create appropriate zones, establish the boundaries thereof and provide for changes in the restrictions and boundaries of such zones, create the permitting process for use within said zones and provide for enforcement, assessment of violation penalties, an appeals process, and judicial review.
§ 245-12.2 Definitions.
As used in this article, the following terms shall have the meanings and shall supersede definitions as contained in Article II, Land Use Definitions, of this chapter, unless the context clearly indicates otherwise:
AIRCRAFT
Any contrivance, except an unpowered hang glider or parachute, used for manned ascent into or flight through the air.
AIRPORT
Harrisburg International and Capital City Airports, and any area of land or water which is used or intended to be used for the landing and takeoff of aircrafts, and any appurtenant areas which are used or intended to be used for airport buildings or air navigation facilities or rights-of-way, together with all airport buildings and facilities thereon. As used herein, the term "airport" includes public airports but excludes private airports and heliports. Public and private airports are defined separately in this section.
AIRPORT ELEVATION
The highest point of an airport's usable landing area measures in feet above sea level. The airport elevation of the Harrisburg International Airport is 310 feet; Capital City Airport is 347 feet.
AIRPORT HAZARD
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 of an aircraft.
AIRPORT HAZARD AREA
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 Airport Zoning Act, 74 Pa. C.S.A. § 5911 et seq.
APPROACH SURFACE (ZONE)
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.
CONICAL SURFACE (ZONE)
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.
DEPARTMENT
Pennsylvania Department of Transportation.
FAA
Federal Aviation Administration of the United States Department of Transportation.
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 (ZONE)
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.
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 nonprecision instrument approach procedure has been approved or planned.
NONCONFORMING USE
Any preexisting structure, object of natural growth, or use of land which is inconsistent with the provisions of this chapter or an amendment thereto.
OBSTRUCTION
Any structure, growth, or other object, including a mobile object, which exceeds a limiting height set forth in this article.
OTHER THAN UTILITY RUNWAY
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.
PRECISION INSTRUMENT RUNWAY
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.
PRIMARY SURFACE (ZONE)
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.
PRIVATE AIRPORT
An airport which is privately owned and which is not open or intended to be open to the public as defined in 74 Pa.C.S.A. § 5102.
PUBLIC AIRPORT
An airport which is either publicly or privately owned and which is open to the public as defined in 74 Pa.C.S.A. § 5102.
RUNWAY
A defined area of 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 formations and overhead transmission lines.
TRANSITIONAL SURFACE (ZONE)
An imaginary surface that extends outward and upward from the edge of the primary and approach surfaces 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.
TREE
Any object of natural growth.
UTILITY RUNWAY
A runway that is constructed for and intended to be used by propeller-driven aircraft of 12,500 pounds maximum gross weight or less.
VISUAL RUNWAY
A runway intended solely for the operation of aircraft using visual approach procedures.
§ 245-12.3 Establishment of airport zones.
In order to carry out the provisions of this chapter, there are hereby created and established certain zones which include all lands lying beneath the approach surfaces, transitional surfaces, horizontal surfaces and conical surfaces as they apply to the Harrisburg International and Capital City Airports. Such zones are shown on the Harrisburg International and Capital City Airport Height Limitation and Zoning District Maps, prepared by the Pennsylvania Department of Transportation, Bureau of Aviation, which, by reference, is made a part of this article. 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 hereby include:
A.
Approach Surface Zone.
B.
Conical Surface Zone.
C.
Horizontal Surface Zone.
D.
Primary Surface Zone.
E.
Transitional Surface Zone.
§ 245-12.4 Permit applications.
A.
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), 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 Section 6.
B.
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.
§ 245-12.5 Variance.
A.
Any request for a variance shall include documentation in compliance with 14 Code of Federal Regulations 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:
(1)
No objection. The subject construction is determined not to exceed obstruction standards, and marking/lighting is not required to mitigate potential hazard. Under this determination, a variance shall be granted.
(2)
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 Section 9, Obstruction Marking and Lighting.
(3)
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.
B.
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.
§ 245-12.6 Use restrictions.
Notwithstanding any other provisions of this chapter, no use shall be made of land or water within the Airport Overlay District 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.
§ 245-12.7 Preexisting nonconforming uses.
The regulations prescribed in 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 shall be structurally altered or permitted to grow higher, so as to increase the nonconformity, and a nonconforming use, once substantially abated may only be reestablished consistent with the provisions herein.
§ 245-12.8 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 § 245-12.5. (Variance) to require the owner of the structure or object of natural growth in question to permit the municipality, at the owner's expense, or require the person requesting the permit or variance to install, operate, and maintain such marking or lighting as deemed necessary to ensure both ground and air safety.
§ 245-12.9 Enforcement; notice.
A.
Local enforcement. It shall be the duty of the Zoning Officer to administer and enforce the regulations prescribed herein. Applications for permits and variance shall be made to the Zoning Officer upon a form published for that purpose. Applications required by this article to be submitted to the Zoning Office shall be promptly considered and granted or denied. Application for action by the Zoning Hearing Board shall be forthwith transmitted by the Zoning Officer.
B.
Notice to Department of Transportation. Notwithstanding any other provision of law, a municipality or board which decides to grant a permit or variance under this article shall notify the Pennsylvania Department of Transportation, Bureau of Aviation, of its decision. This notice shall be in writing and shall be sent so as to reach the Department at least one day before the date upon which the decision is to be issued.
Figure 1: Part 77 Surface Areas  |
