Whitehall Township Lehigh County
City Zoning Code
City Zoning Code
ARTICLE XV
Airport Districts
§ 27-182 Purpose.
[Amended 8-8-2005 by Ord. No. 2578]
This article is enacted to insure and promote the health, safety and welfare of the general public and property in and about the Lehigh Valley International Airport, to protect the users, facilities and services of the airport, to prevent hazardous conditions to the users, facilities or services of the airport and to eliminate, remove, mitigate, mark or light any existing hazard which cannot be completely abated.
§ 27-183 Applicability.
The provisions of this article shall apply to all lands within the Township that are shown on the Official Zoning Map as being located within the boundaries of any airport zone.
§ 27-184 Airport zones, general.
Airport zones shall be overlays to the existing zoning districts as shown on the Official Zoning Map and, as such, the provisions of this section shall supplement any and all provisions of any zoning district of which an airport zone is a part. If there is any conflict between the provisions or requirements of this article or those of any other zoning district, the more restrictive provision shall be applied.
§ 27-185 Airport zones, specific.
The airport zones as shown on the Official Zoning Map are:
A.
Conical Surface Zone.
B.
Horizontal Surface Zone.
[Amended 12-18-1989 by Ord. No. 1657]
C.
Precision Instrument Runway Approach Surface Zone.
D.
Runway Larger Than Utility Visual Approach Surface Zone.
E.
Runway Larger Than Utility With a Visibility Minimum As Low As 3/4 Mile Nonprecision Instrument Approach Surface Zone.
F.
Runway Larger Than Utility With a Visibility Minimum Greater Than Three-quarters of a Mile Nonprecision Instrument Approach Surface Zone.
G.
Transitional Surface Zone.
H.
Utility Runway Nonprecision Instrument Approach Surface Zone.
I.
Utility Runway Visual Approach Surface Zone.
§ 27-186 Height limitations.
A.
No building, structure or portion thereof or any other obstruction shall be erected, altered or maintained to enter into or interfere with the airport zones and their associated height designations.
[Amended 12-18-1989 by Ord. No. 1657]
B.
The height designations for each zone are as follows:
(1)
Conical Surface Zone. One hundred fifty feet above the airport elevation at the intersection with the horizontal zone and extending thereafter 20 feet horizontal for each foot of vertical elevation extending to a height of 350 feet above the airport elevation.
(2)
Horizontal Surface Zone. One hundred fifty feet above the airport elevation.
(3)
Precision Instrument Runway Approach Surface Zone. Beginning at the end of and at the same elevation as the primary surface and extending 50 feet horizontal for each one foot vertical for a distance of 10,000 feet along the extended runway center line and thereafter 40 feet horizontal for each foot vertical to a horizontal distance of 40,000 feet along the extended runway center line.
(4)
Runway Larger Than Utility Visual Approach Surface Zone. Beginning at the end of and at the same elevation as the primary surface and extending 20 feet horizontally for each foot vertical to a distance of 5,000 feet along the extended runway center line.
(5)
Runway Larger Than Utility With a Visibility as Low as Three-Quarters of a Mile Nonprecision Instrument Approach Surface Zone. Beginning at the end of and at the same elevation as the primary surface and extending 34 feet horizontally for each one foot vertical extending to a horizontal distance of 10,000 feet along the extended runway center line.
[Amended 12-18-1989 by Ord. No. 1657]
(6)
Runway Larger Than Utility With a Visibility Minimum Greater Than Three-Quarters of a Mile Nonprecision Instrument Approach Surface Zone. Beginning at the end of and at the same elevation as the primary surface and extending 34 feet horizontally for each one foot vertical extending to a horizontal distance of 10,000 feet along the extended runway center line.
[Amended 12-18-1989 by Ord. No. 1657]
(7)
Transitional Surface Zone. Beginning at the sides of and at the same elevation as the primary surface and the approach surface extending seven feet horizontal for each foot vertical and extending to a height of 150 feet above the airport elevation and extending to the intersection with the conical surface. In addition to the foregoing, when an airport has a precision instrument runway approach 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 to where they intersect the conical surface. Where 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° angles to the extended runway center line.
[Amended 12-18-1989 by Ord. No. 1657]
(8)
Utility Runway Nonprecision Instrument Approach Surface Zone. Beginning at the end of and at the same elevation as the primary surface and extending 20 feet horizontal for each foot vertical a distance of 5,000 along the extended runway center line.
(9)
Utility Runway Visual Approach Surface Zone. Beginning at the end of and at the same elevation as the primary surface and extending 20 feet horizontal for each foot vertical a distance of 5,000 along the extended runway center line.
C.
Where the precision instrument runway approach zone projects beyond the conical zone, the height limit shall begin at the side of and at the same elevation as the approach surface extending seven feet horizontal for each foot vertical extending a distance of 5,000 feet horizontal measured at 90° angles to the extended runway center line.
§ 27-187 Exceptions.
Nothing in this article shall be construed as to prohibit the construction or maintenance of any building, structure or part thereof or obstruction at a maximum height of 35 feet.
§ 27-188 Use restrictions.
No use may be made of land, buildings, structures, objects or water within any zone so as to:
A.
Create electrical interference with navigational signals or radio communication between the airport and aircraft.
B.
Make it difficult for pilots to distinguish between airport lights and others.
C.
Result in glare to pilots using the airport.
D.
Impair visibility in the vicinity of the airport.
E.
Create bird strike hazards.
F.
Endanger or interfere with the landing and taking off or maneuvering of aircraft.
§ 27-189 Nonconforming uses.
A.
Nothing in this article shall be construed to require the removal, alteration or change of any existing building, structure or part thereof or obstruction not conforming to the regulations as herein set forth.
B.
In the event any building, structure or part thereof or obstruction shall violate and/or exceed the limitations as hereinbefore set forth and is deemed to be a nonconforming use, the owner or lessee thereof shall permit the installation, operation and maintenance thereon of any marker or light that shall be deemed necessary by the airport authority to indicate to the operators of aircraft in the vicinity of the presence of such building, structure, part thereof or obstruction.
C.
Whenever a nonconforming use, building, structure or obstruction has been abandoned or voluntarily razed, legally condemned, structurally changed, damaged or destroyed by fire, explosion, flood or other phenomenon, it may not be restored, reconstructed or used as before, except in strict compliance with the provisions of this section, provided that such restoration; reconstruction or use be started within a six month period of the initial damage and is completed within a reasonable period of time thereafter.
[Amended 12-18-1989 by Ord. No. 1657]
§ 27-190 Airport zone permits.
A.
No land, building, structure, part thereof, or obstruction shall be established or changed in any of the airport zones unless a permit therefor has been obtained from the Zoning Officer.
B.
Within the horizontal and conical zones, a permit shall not be required for any building, structure, part thereof or obstruction less than 75 feet in height, provided that such building, structure, part thereof or obstruction does not exceed the height limitations as prescribed hereinbefore.
C.
Within the approach zones, and at a horizontal distance not less than 4,200 feet from each end of a runway, a permit shall not be required for any building, structure, part thereof or obstruction less than 75 feet in height, provided that such building, structure, part thereof or obstruction does not exceed the height limitations as prescribed hereinbefore.
D.
Within the transition zones beyond the perimeter of the horizontal zone, a permit shall not be required for any building, structure, part thereof or obstruction less than 75 feet in height, provided that such building, structure, part thereof or obstruction does not exceed above the height limitations as prescribed hereinbefore.
§ 27-191 Existing uses.
No use, building, structure, part thereof or obstruction shall be permitted to be altered or changed to become nonconforming or more nonconforming in height.
§ 27-192 Variances.
Variances to the provisions of this section may be granted by the Zoning Hearing Board. The Board may attach reasonable conditions and safeguards as it may deem necessary to implement the purposes of this chapter, the laws of the Commonwealth of Pennsylvania and the Federal government. In addition to the requirements as established by this chapter and the Pennsylvania Municipalities Planning Code, the following shall also be considered and required:
A.
A determination from the Federal Aviation Administration as to the effect of the proposal on the operation of their navigation facilities and the safe efficient use of navigable air space.
B.
Comments of the Airport Manager. A copy of the application shall be furnished to the airport manager for advice as to the aeronautical effects of the proposal. The airport manager shall respond within 15 days after receipt of the application. Failure of the manager to respond shall create a presumption that the airport manager has approved the proposal. An unfavorable report by the airport manager or failure to respond shall not bind the Board, but may be a factor in its decision.
§ 27-193 Notice to Department of Transportation.
Notwithstanding any other provisions of law, the Zoning Officer or Zoning Hearing Board which decides to grant a permit or variance under this section shall notify the Department of Transportation of the decision. Said notice shall be in writing and shall be sent so as to reach the Department at least 10 days before the date upon which the decision is to issue. A Zoning Hearing Board Opinion (written decision) shall be mailed to the Department 10 days prior to being mailed to the applicant, but in no case shall the appropriate notice be sent to the applicant later than 45 days from the last hearing.