The following words and phrases when used in
this chapter shall have the meaning given to them in this section
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 or CLEARFIELD-LAWRENCE MUNICIPAL AIRPORT
An area of land or water which is used, or intended to be
used, for the landing and takeoff of aircraft 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 thereof. 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
One thousand five hundred sixteen feet. The highest point
of an airport's usable landing area measured in feet above sea level.
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 at an airport or is otherwise hazardous as defined by
"Airport Hazard" in 74 Pa. C.S.A § 5102.
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 Act 164 of 1984 (Pennsylvania Laws Relating to Aviation).
APPROACH SURFACE
A surface longitudinally centered on the extended runway center line, extending outward and upward from the end of the primary surface and at the same slope as the approach surface zone height limitation slope set forth in §
125-53 of this article. In plan, the perimeter of the approach surface coincides with the perimeter of the approach surface zone.
CONICAL SURFACE
A surface extending outward and upward from the periphery
of the horizontal surface at a slope of 20 to 1 for a horizontal distance
of 4,000 feet.
DEPARTMENT
Pennsylvania Department of Transportation.
FFA
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 article and shown on the Zoning Map, the datum shall
be mean sea level elevation unless otherwise specified.
HORIZONTAL SURFACE
A horizontal plane 150 feet above the established airport
elevation, the perimeter of which, in plan, coincides with the perimeter
of the horizontal surface zone.
LARGER 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.
NONCONFORMING USE
Any preexisting structure, object of natural growth, or use
of land which is inconsistent with the provisions of this article
or an amendment thereto.
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(Please note: This definition is intended for
this article only. See Article 2 for the definitions of "nonconforming
use" in regard to general zoning applications.)
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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.
OBSTRUCTION
Any structure, growth or other object, including a mobile object, which exceeds a limiting height set forth in §
125-53 of this article.
PERSON
An individual, firm, partnership, corporation, company, association,
joint-stock association or governmental entity; includes a trustee,
a receiver, an assignee or a similar representative of any of them.
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
A surface longitudinally centered on a runway. When the runway has a specifically prepared hard surface, the primary surface extends 200 feet beyond each end of that runway. For military runways or when the runway has no specifically prepared hard surface, or planned hard surface, the primary surface ends at each end of that runway. The width of the primary surface is set forth in §
125-52 of this article. The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway center line.
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 on 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 formation and overhead transmission lines. (See also Article
II.)
TRANSITIONAL SURFACES
These surfaces extend outward at ninety-degree angles to
the runway center line extended at a slope of seven feet horizontally
for each foot vertically from the sides of the primary and approach
surfaces to where they intersect the horizontal and conical surfaces.
Transitional surfaces for those portions of the precision approach
surfaces, which project through and beyond the limits of the conical
surface, extend a distance of 5,000 feet measured horizontally from
the edge of the approach surface and at ninety-degree angles to the
extended runway center line.
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.
In order to carry out the provisions of this
article, there are hereby created and established certain zones which
include all of the land lying beneath the approach surfaces, transitional
surfaces, horizontal surfaces and conical surfaces as they apply to
the Clearfield-Lawrence Municipal Airport. Such zones are shown on
the Clearfield-Lawrence Municipal Airport Height Limitation and Zoning
District Map prepared by the Pennsylvania Department of Transportation,
Bureau of Aviation, and dated Spring, 1989, which is attached to this
article and made a part hereof. 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 are hereby established and defined as
follows:
A. Utility Runway Visual Approach Surface Zone: established
beneath the visual approach surface. The inner edge of this zone coincides
with the width of the primary surface and is 250 feet wide. The zone
expands outward uniformly to a width of 1,250 feet at a horizontal
distance of 5,000 feet from the primary surface. Its center line is
the continuation of the center line of the runway.
B. Utility Runway Nonprecision Instrument Approach Surface
Zone: established beneath the nonprecision instrument approach surface.
The inner edge of this zone coincides with the width of the primary
surface and is 500 feet wide. The zone expands outward uniformly to
a width of 2,000 feet at a horizontal distance 5,000 feet from the
primary surface. Its center line is the continuation of the center
line of the runway.
C. Runway Larger Than Utility Visual Approach Surface
Zone: established beneath the visual approach surface. The inner edge
of this zone coincides with the width of the primary surface and is
500 feet wide. The zone expands outward uniformly to a width of 1,500
feet at a horizontal distance of 5,000 feet from the primary surface.
Its center line is the continuation of the center line of the runway.
D. Runway Larger Than Utility With A Visibility Minimum
Greater Than 3/4 Mile Nonprecision Instrument Approach Surface Zone:
established beneath the nonprecision instrument approach surface.
The inner edge of this zone coincides with the width of the primary
surface and is 500 feet wide. The zone expands outward uniformly to
a width of 3,500 feet at a horizontal distance of 10,000 feet from
the primary surface. Its center line is the continuation of the center
line of the runway.
E. Runway Larger Than Utility With A Visibility Minimum
As Low As 3/4 Mile Nonprecision Instrument Approach Surface Zone:
established beneath the nonprecision instrument approach surface.
The inner edge of this zone coincides with the width of the primary
surface and is 1,000 feet wide. The zone expands outward uniformly
to a width of 4,000 feet at a horizontal distance of 10,000 feet from
the primary surface. Its center line is the continuation of the center
line of the runway.
F. Precision Instrument Runway Approach Surface Zone:
established beneath the precision instrument approach surface. The
inner edge of this zone coincides with the width of the primary surface
and is 1,000 feet wide. The zone expands outward uniformly to a width
of 16,000 feet at a horizontal distance of 50,000 feet from the primary
surface. Its center line is the continuation of the center line of
the runway.
G. Transitional Surface Zone: established beneath the
transitional surfaces adjacent to each runway and approach surface
as indicated on the Airport Height Limitation and Zoning District
Map.
H. Horizontal Surface Zone: established beneath the horizontal
surface, 150 feet above the established airport elevation, the perimeter
of which is constructed by swinging arcs of 10,000 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. The horizontal
surface zone does not include the approach surface and transitional
surface zone.
I. Conical Surface Zone: established beneath the conical
surface. This zone commences at the periphery of the horizontal surface
and extends outward therefrom a horizontal distance of 4,000 feet.
Except as otherwise provided in this article,
no structure shall be erected, altered, or maintained, and no tree
shall be allowed to grow in any zone created by this article to a
height in excess of the applicable height limit herein established
for such zone. Such applicable height limitations are hereby established
for each of the zones in question as follows:
A. Utility Runway Visual Approach Surface 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 center line.
B. Utility Runway Nonprecision Instrument Approach Surface
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 center
line.
C. Runway Larger Than Utility Visual Approach Surface
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 center
line.
D. Runway Larger Than Utility With A Visibility Minimum
Greater Than 3/4 Mile Nonprecision Instrument Approach Surface Zone:
slopes 34 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 10,000 feet along the extended runway center
line.
E. Runway Larger Than Utility With A Visibility Minimum
As Low As 3/4 Mile Nonprecision Instrument Approach Surface Zone:
slopes 34 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 10,000 feet along the extended runway center
line.
F. Precision Instrument Runway Approach Surface Zone:
slopes 50 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 10,000 feet along the extended runway center
line; thence slopes upward 40 feet horizontally for each foot vertically
to an additional horizontal distance of 40,000 feet along the extended
runway center line.
G. Transitional Surface Zones: 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, extending to a height
of 150 feet above the airport elevation which is 1,516 feet above
mean sea level. 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 ninety-degree angles to the extended runway center
line.
H. Horizontal Surface Zone: established at 150 feet above
the established airport elevation or at a height of 1,666 feet above
mean sea level.
I. Conical Surface Zone: slopes 20 feet outward for each
foot upward beginning at the periphery of the horizontal surface and
at 150 feet above the established airport elevation or at a height
of 1,866 feet above mean sea level.
The following enforcement proceedings are taken from the Act 1984-164; however, it is the intent of this article to apply enforcement jointly using the powers of said Act and the Pennsylvania Municipalities Planning Code. (See also Article
V.)
A. Local enforcement. It shall be the duty of the Lawrence
Township Code Enforcement/Zoning Officer to administer and enforce
the regulations prescribed herein. Applications for permits and variances
shall be made to the Lawrence Township Code Enforcement/Zoning Officer
upon a form published for that purpose. Applications required by this
article to be submitted to the Lawrence Township Code Enforcement/Zoning
Officer shall be promptly considered and granted or denied. Application
for action by the Zoning Hearing Board shall be forthwith transmitted
by the Lawrence Township Code Enforcement/Zoning Officer.
B. Notice to Department. Notwithstanding any other provision
of law, the Township of Lawrence or the Lawrence Township Zoning Hearing
Board which decides to grant a permit or variance under this article
shall notify the Department of Transportation of its decision. This
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.
See also Article
VI for general regulations relative to the Zoning Hearing Board.
A. Powers. The Lawrence Township Zoning Hearing Board
shall have and exercise the following powers:
(1) To hear and decide appeals from any order, requirement,
decision or determination made by the Lawrence Township Code Enforcement/Zoning
Officer in the enforcement of this article;
(2) To hear and decide special exceptions to the terms
of this article upon which such Zoning Hearing Board under such regulations
may be required to pass; and
(3) To hear and decide specific variances.
B. Creation; members; removal. The Lawrence Township
Zoning Hearing Board shall serve as the Board of Adjustment for this
article. Refer to the same as set forth by Act 164 of 1984, specifically
Subchapter B of Chapter 59. (See also Section 5916 of Act 164 of 1984.)
C. Governing rules. The Zoning Hearing Board shall adopt
rules for its governance and in harmony with the provisions of this
article. For conduct of any hearing or taking of any action, a quorum
shall not be less than a majority of all members. The Chairperson
or, in the absence of the Chairperson, the Acting Chairperson may
administer oaths and compel the attendance of witnesses. All hearings
of the Zoning Hearing Board shall be public. The Board shall keep
minutes of its proceedings showing the vote of each member upon each
question, or if absent or failing to vote, indicating such fact, and
shall keep records of its examinations and other official actions,
all of which shall immediately be filed in the office of the Lawrence
Township Supervisors and on due cause shown.
D. Findings of fact; conclusions of law. The Zoning Hearing
Board shall make written facts and conclusions of law giving the facts
upon which it acted and its legal conclusions from such facts in reversing,
affirming or modifying any order, requirement, decision or determination
which comes before it under the provisions of this article.
E. Voting. The concurring vote of a majority of the members
of the Zoning Hearing Board shall be sufficient to reverse any order,
requirement, decision, or determination of the Lawrence Township Code
Enforcement/Zoning Officer or decide in favor of the applicant on
any matter upon which it is required to pass under this chapter, or
to effect variation to this article.
In any case in which it is desired to remove,
lower or otherwise terminate a nonconforming structure or use, or
the approach protection necessary cannot, because of constitutional
limitations, be provided by airport zoning regulations, or it appears
advisable that the necessary approach protection be provided by acquisition
of property rights, rather than by airport zoning regulations, the
municipality within which the property or nonconforming use is located,
or the municipality or municipal authority owning the airport or served
by it, may acquire by purchase, grant or condemnation, in the manner
provided by the law under which municipalities are authorized to acquire
real property for public purposes, such air right, aviation easement
or other estate or interest in the property or nonconforming structure
or use in question as may be necessary to effectuate the purpose of
this article. In the case of the purchase of any property or any easement
or estate, or interest therein, or the acquisition thereof by the
power of eminent domain, the municipality making the purchase of exercising
the power shall, in addition to the damages for the taking, injury
or destruction of property, also pay the cost of the removal and relocation
of any structure or any public utility which is required to be moved
to a new location.
Any person aggrieved or any taxpayer affected
by any decision of the Zoning Hearing Board, may appeal to the Court
of Common Pleas as provided by law. In cases where applicable law
does not provide an appeal from a municipality to a Board, a person
or taxpayer may appeal from a decision of a municipality, as provided
by law for similar zoning proceedings.
No airport zoning regulations shall be adopted,
amended or changed except by action of the municipality after a public
hearing in relation thereto at which parties in interest and citizens
shall have an opportunity to be heard. The notice shall be published
once each week for two successive weeks in a newspaper of general
circulation in the municipality or municipalities affected. The notice
shall state the time and place of the hearing and the particular nature
of the matter to be considered at the hearing. The first publication
shall not be more than 30 days or less than 14 days from the date
of the hearing.