Permits required.
(1) Future uses. Except as specifically provided in Subsection (1)(a), (b) and (c) herein, no material change shall be made in the use of land, no structures shall be erected or otherwise established and no tree shall be planted in any zone hereby created unless a permit shall have been applied for and granted. Each application for a permit shall indicate the purpose for which the permit is desired, with sufficient particularity to permit it to be determined whether the resulting use, structure or tree would conform to the regulations prescribed herein. If such determination is in the affirmative, the permit shall be granted. No permit for a use inconsistent with the provisions of this section shall be granted unless a variance has been approved in accordance with this chapter.
(a) 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 each zone.
(b) 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 because of terrain, land contour or topographic features such tree or structure would extend above the height limits prescribed for such approach zones.
(c) In areas lying within the limits of the transition zones beyond the perimeter of the horizontal zones, 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 transition zones.
(2) Nothing contained in the foregoing subsection shall be construed as permitting or intending to permit any construction or alteration of any structure or growth of any tree in excess of any of the height limits established by this section, except that 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.
(3) Existing uses. Before any nonconforming structure may be replaced, substantially altered or rebuilt or tree allowed to grow higher or replanted, a permit must be secured from the Township authorizing the replacement or change. No permit shall be granted that would allow the establishment or creation of an obstruction or permit a nonconforming use, structure or tree to become a greater hazard to air navigation than it was on the effective date of this chapter or any amendments thereon or than it is when the application for a permit is made.
(4) Nonconforming uses abandoned or destroyed. Whenever the Township determines that a nonconforming tree or structure has been abandoned or more than 80% torn down, physically deteriorated or decayed, no permit shall be granted that would allow such structure or tree to exceed the applicable height limit or otherwise deviate from this chapter.
(5) Variances. Any persons desiring to erect any structure or increase the height of any structure or permit the growth of any object of natural growth or otherwise use his property in violation of airport zoning regulations may apply for a variance in accordance with the requirements of this chapter. The application for variances shall be accompanied by a determination from the Federal Aviation Administration as to the effect of the proposal on the operation of air navigation facilities and the use of navigable airspace. No application for a variance may be considered unless a copy of the application has been furnished to the manager of the airport for advice on the aeronautical effects of the variance. If the airport manager does not respond within 30 days after receipt, the Township may act without such input to grant or deny the application.
(6) In granting any permit or variance, the Zoning Hearing Board may require that the person making the application install, operate and maintain thereon such markers and lights as may be required by guidelines or regulations of the Federal Aviation Administration.
(7) Notice to the Department. Notwithstanding any other provision of law, the Township shall notify the Pennsylvania Department of Transportation of decisions regarding the granting of permits or variances, which 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.
