§ 81-2Relation to other zone districts.
§ 81-4Establishment of airport zones.
§ 81-5Permit applications.
§ 81-7Use restrictions.
§ 81-8Preexisting nonconforming uses.
§ 81-9Obstruction marking and lighting.
§ 81-10Violations and penalties.
§ 81-12Conflicting regulations.
The purpose of this chapter is to create an Airport District Overlay that considers safety issues around the Allegheny County Airport, regulates and restricts the heights of constructed structures and objects of natural growth, creates appropriate zones, establishes the boundaries thereof and provides for changes in the restrictions and boundaries of such zones, creates the permitting process for use within said zones and provides for enforcement, assessment of violation penalties, an appeals process, and judicial review.
The Airport District Overlay shall not modify the boundaries of any underlying zoning district. Where identified, the Airport District Overlay shall impose certain requirements on land use and construction in addition to those contained in the underlying zoning district.
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.
- AIRPORT ELEVATION
- The highest point of an airport's usable landing area measured in feet above sea level. The elevation of the Allegheny County Airport is 1,250 feet above mean 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 in 14 CFR 77 and 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
Act 164 of 1984 (Pennsylvania laws relating to aviation).Editor's Note: See 74 Pa.C.S.A. § 5101 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,Editor's Note: Figure 1 is on file in the Township offices.
- 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,Editor's Note: Figure 1 is on file in the Township offices.
- Pennsylvania Department of Transportation.
- Federal Aviation Administration of the United States Department of Transportation.
- For the purpose of determining the height limits in all zones
set forth in this chapter and shown on the Zoning Map,Editor's Note: The Zoning Map is on file in the Township offices.'
- 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,Editor's Note: Figure 1 is on file in the Township offices.
- 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 chapter or an amendment thereto.
- 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.
- Any structure, growth, or other object, including a mobile object, which exceeds a limiting height set forth by this chapter.
- PRECISION INSTRUMENT RUNWAY
- A runway having an existing instrument approach procedure utilizing an instrument landing system (ILS) or a precisions 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,Editor's Note: Figure 1 is on file in the Township offices.
- A defined area of an airport prepared for landing and takeoff of aircraft along its length.
- 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.
- TRANSITIONAL SURFACE (ZONE)
- An imaginary surface that extends outward and upward from
the edge of the primary surface to the horizontal surface at a slope
of seven feet horizontally to one foot vertically. The transitional
surface zone, as shown on Figure 1,Editor's Note: Figure 1 is on file in the Township offices.
- 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.
There are hereby created and established certain zones within this chapter, defined in § 81-3 and depicted on Figure 1
The North Versailles Township Zoning Map is hereby amended.
As regulated by Act 164
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:
No objection. The subject construction is determined to not exceed obstruction standards and marking/lighting is not required to mitigate potential hazard. Under this determination, a variance shall be granted.
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 § 81-9, Obstruction marking and lighting.
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.
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.
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 Allegheny County Airport.
The regulations prescribed by 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 (subject to the underlying Zoning Ordinance),
Any permit or variance granted pursuant to the provisions of this chapter may be conditioned according to the process described in § 81-6 to require the owner of the structure or object of natural growth in question to permit the municipality, at its own expense, or require the person requesting the permit or variance, to install, operate, and maintain such marking or lighting as deemed necessary to assure both ground and air safety.
Penalties prescribed in the Township's underlying Zoning Ordinance
The appeal procedure shall be governed by the Township's underlying Zoning Ordinance.
Where there exists a conflict between any of the regulations or limitations prescribed in this chapter and any other regulation applicable to the same area, the more stringent limitation or requirement shall govern and prevail.