Washington City Zoning Code

No building or structure within the Historic District shall be demolished, razed (in whole or in part), removed or otherwise relocated without a permit. Demolition, razing, removal or relocation of a building or structure shall be regulated as a conditional use.

Any person wishing to demolish, raze, remove or relocate all or part of any building or structure within the Historic District shall submit to the Zoning Officer an application for a conditional use permit with, as an addendum, the information required by § 350-56 of this chapter attached to it.

The Code Enforcement Officer shall not issue a permit for the demolition, razing, removal or relocation of all or part of any building or structure in the Historic District until the Planning Commission reviews said application and makes its recommendations to Borough Council and Borough Council acts on said recommendation.

Upon receipt of said application, the Zoning Officer shall forward a copy of said application and all materials submitted therewith to the Planning Commission.

The Planning Commission shall consider said application at its next regularly scheduled meeting or a special meeting. The Planning Commission may require the submission of additional information to assist it in reviewing said application.

The Planning Commission shall issue and submit, in writing, to Borough Council within 30 days of the final meeting or special meeting at which the permit application is reviewed, unless said time is extended by agreement of the applicant, its recommendations concerning the granting or denial of a conditional use. The Planning Commission shall recommend that Borough Council either:

The Planning Commission's report to Borough Council, with the Planning Commission's recommendation concerning the granting or denial of a conditional use permit, shall contain the following:

If the Planning Commission fails to issue and submit its report and recommendation to Borough Council within the time limit prescribed by Subsection B(6) of this section, the Planning Commission shall be deemed to have submitted to Borough Council the Planning Commission's recommendation that Borough Council approve the conditional use.

Upon receipt of the written report from the Planning Commission, Borough Council shall consider at its next regularly scheduled meeting or at a special meeting whether to authorize the Code Enforcement Officer to issue a permit for the work described in the application. The Borough Secretary shall give the applicant 10 days' written notice of the time and place of the meeting at which the application is to be considered. The applicant shall have the right to attend this meeting and to be heard by Borough Council.

If Borough Council approves the application, it shall authorize the Code Enforcement Officer to issue to the applicant a permit for the work described in the application. If Borough Council denies the application, it shall communicate its denial to the Code Enforcement Officer, who shall deny the application for a permit.

The applicant may appeal from the denial of a permit application as provided by law. For purposes of appeal, the Code Enforcement Officer's denial of the application for a building permit shall commence the appeal period.

In reviewing the permit application, the Planning Commission and Borough Council shall consider only those matters which are pertinent to the preservation of the historic and/or architectural aspect and nature of the building or structure, site, area or Historic District, including the following:

All other Borough ordinances, including zoning and subdivision ordinances.

The creation or establishment of obstructions has the potential for being public nuisances and injuring the region served by the Washington County Airport.

The development of concentrated areas of housing in the immediate vicinity of the Washington County Airport poses potential threats to the safety of inhabitants.

It is necessary, in the interest of the public health, public safety and general welfare, that the creation or establishment of obstructions and population concentrations that are a hazard to air navigation or human life is prevented.

The prevention of these obstructions and population concentrations should be accomplished to the extent legally possible by the exercise of the police power, without compensation.

Approach surface zone. The inner edge of this approach zone coincides with the width of the primary surface and is 1,000 feet wide.

The western runway end (Runway 9) approach zone expands outward uniformly to a width of 4,000 feet at a horizontal distance of 10,000 feet from the primary surface sloping 34 feet outward for each foot upward. Its center line is the continuation of the center line of the runway.

The easterly runway end (Runway 27) approach zone expands outward uniformly to a width of 4,000 feet at a horizontal distance of 10,000 feet from the primary surface sloping 50 feet outward for each foot upward and continues uniformly at a horizontal distance of 40,000 feet sloping 40 feet outward for each foot upward. Its center line is the continuation of the center line of the runway.

Conical surface zone. This 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.

Horizontal surface zone. This zone is established at 150 feet above the airport elevation or at a height of 1,334 feet above mean sea level.

Primary surface zone. This zone is longitudinally centered on the runway and comprises its entire length, as well as extending 200 feet beyond each end of the runway at a width of 1,000 feet. The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway center line, which is 1,184 feet above mean sea level.

Transitional surface zone. This zone 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 1,184 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.

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 F.

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.

Any request for a variance shall include documentation in compliance with 14 CFR 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:

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.

No application for a variance to the requirements of this section may be considered by the Zoning Hearing Board unless a copy of the application has been furnished to the appropriate Washington County Authority for advice as to the aeronautical effects of the requested variance. If the appropriate Washington County Authority does not respond to the application within 15 days after receipt, the Zoning Hearing Board may act on its own to grant or deny said application.

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 airport.

Except as specifically provided hereunder, no material change shall be made in the use of land, no structure shall be erected or otherwise established and no tree shall be planted in any zone hereby created unless a permit therefor shall have been applied for and granted utilizing the process described in Subsection F.

In the area lying within the limits of the horizontal zone and conical zone, no permit shall be required for any tree or structure less than 75 feet of vertical height above the ground, except when, because of terrain, land contour or topographic features, such tree or structure would extend above the height limits prescribed for such zones.

In areas lying within the limits of the approach zones, but at a horizontal distance of not less than 4,200 feet from each end of the runway, no permit shall be required for any tree or structure less than 75 feet of vertical height above the ground, except when such tree or structure would extend above the height limit prescribed for such approach zones.