City of Harrisburg, PA
Dauphin County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of Harrisburg 7-8-2014 by Ord. No. 5-2014.[1] Amendments noted where applicable]
Attachment 1 - Part 77 Surface Area
[1]
Editor's Note: This ordinance also repealed former Part Three, 7-300, composed of Ord. Nos. 112-1964, 17-1965, 79-1965, 13-1974, 29-1974, 30-1974, 13-1977, 26-1977, 19-1985, 6-1988, 25-1993, 26-1995, 10-1996, 61-1996 and 3-2012, as amended.

§ 7-313.1 Application.

The regulations and standards contained in this chapter shall apply to all applications to:
A. 
Erect a new structure.
B. 
Add to or increase the height of an existing structure; and
C. 
Establish, erect, and/or maintain any use, structure, or object (natural or man made) within the Airport Zoning Overlay District of the City of Harrisburg, Dauphin County, Pennsylvania.

§ 7-313.2 Purpose and intent.

The purpose and intent of the Airport Zoning Overlay District is to:
A. 
Create an overlay district that considers safety issues around the Capital City Airport (CXY) and Harrisburg International Airport (MDT);
B. 
Regulate and restrict the heights of established uses, constructed structures, and objects of natural growth;
C. 
Create a permitting process for certain uses, structures, and objects within said related zones.

§ 7-313.3 Relation to other zoning districts.

The Airport Zoning Overlay District shall not modify the boundaries of any other overlay zoning district. Where identified, the Airport Zoning Overlay District shall impose certain requirements on land use, construction and development in addition to those contained in the applicable underlying zoning district and/or applicable overlay zoning district for the same area.

§ 7-313.4 Definitions.

For purposes of this chapter, the terms that follow shall have the definitions indicated:
AIRPORT ELEVATION
The highest point of an airport's usable landing area measured in feet above sea level. The airport elevation for Harrisburg International Airport is 310 feet; the airport elevation for 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 at an airport or is otherwise hazardous as defined in 14 CFR Part 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.[1]
AIRPORT(S) - HARRISBURG INTERNATIONAL AIRPORT (MDT) AND CAPITAL CITY AIRPORT (CXY)
Any area of land or water which is used, or intended to be use, 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 for 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.
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,[2] 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,[3] 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,[4] is derived from the horizontal surface.
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.
OBSTRUCTION
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,[5] is derived from the primary surface.
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 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,[6] 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.
[1]
Editor's Note: See 74 Pa.C.S.A. § 5101 et seq.
[2]
Editor's Note: Figure 1 is included as an attachment to this chapter.
[3]
Editor's Note: Figure 1 is included as an attachment to this chapter.
[4]
Editor's Note: Figure 1 is included as an attachment to this chapter.
[5]
Editor's Note: Figure 1 is included as an attachment to this chapter.
[6]
Editor's Note: Figure 1 is included as an attachment to this chapter.

§ 7-313.5 Conflict.

Wherever and whenever the requirements of this chapter are at variance with the requirements of any other chapter and/or section of this Zoning Code, the most restrictive, or that imposing the higher standards, shall govern.

§ 7-313.6 Establishment of airport zones.

There are hereby created and established certain zones within the Airport Zoning Overlay District, depicted on Figure 1[1] and illustrated on the "City of Harrisburg, Dauphin County, PA: Airport Zoning Overlay District Map" as follows:
A. 
Approach Surface Zone.
B. 
Conical Surface Zone.
C. 
Horizontal Surface Zone.
D. 
Primary Surface Zone.
E. 
Transitional Surface Zone.
[1]
Editor's Note: Figure 1 is included as an attachment to this chapter.

§ 7-313.7 Permit applications.

A. 
As regulated by Act 164 and defined by 14 Code of Federal Regulations Part 77.13(2) (as amended or replaced), applicants for a permit in the Airport Zoning Overlay District to:
(1) 
Erect a new structure whose height surpasses that of surrounding structures;
(2) 
Add to or increase the height of an existing structure; or
(3) 
Establish, erect, and/or maintain any use, structure, or object (natural or man-made), in the Airport Zoning Overlay District:
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 7-313.8.
B. 
Exceptions. In the following circumstances notification of a permit and submission of Form AV-57 to PennDOT's Bureau of Aviation (BOA) shall not be required:
(1) 
In areas lying within the overlay zone for the Harrisburg International Airport, as depicted on the Airport Zoning Overlay District Map,[1] no approval shall be required for any tree or structure less than 200 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 limit prescribed for such zones.
[1]
Editor's Note: Said map is on file in the City offices.
(2) 
In areas lying within the overlay zone for the Capital City Airport, as depicted on the Airport Zoning Overlay District Map, no approval shall be required for any tree or structure less than 100 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 limit prescribed for such zones.
(3) 
Applications to make maintenance repairs to or to replace parts of existing structures which do not enlarge or increase the height of an existing structure.

§ 7-313.8 Variances.

A. 
In addition to the provisions set forth in the Zoning Code relating to variances, 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 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 7-313.11, 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.

§ 7-313.9 Use restrictions.

Notwithstanding any other provisions of this chapter, no use shall be made of land or water within the Airport Zoning Overlay District in such a manner as to:
A. 
Create electrical interference with navigational signals or radio communications between the airport and aircraft;
B. 
Make it difficult for pilots to distinguish between airport lights and others;
C. 
Impair visibility in the vicinity of the airport;
D. 
Create bird strike hazards; or
E. 
Otherwise endanger or interfere with the landing, takeoff or maneuvering of aircraft utilizing the airport(s).

§ 7-313.10 Preexisting nonconforming uses.

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 reverted to a conforming use, subject to the provisions of § 7-303.2 of the Zoning Code, may only be reestablished consistent with the provisions herein.

§ 7-313.11 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 Section 7-313.8 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.

§ 7-313.99 Penalty.

Any person who fails to comply with any or all of the requirements or provisions of this chapter shall be subject to the enforcement and penalty provisions of Chapter 7-701 of Planning and Zoning Code.