This § 14-511 is intended to recognize the importance of preventing hazards to aircraft navigation that may result from the height of structures in areas surrounding airports within the City. The regulations create the appropriate zones and applicable boundaries where height restrictions for structures or uses of land will be limited so as not to obstruct the airspace required for aircraft landing or taking off from runways, or would otherwise be hazardous to aviation operations during landing or take-off. The limitations intended to mitigate such obstructions are established in order to protect the safety and general welfare of the traveling public, as well as to protect the safety and general welfare of property and occupants of land in the vicinity of the airports and to continue to foster economic growth for the region.
The provisions of this § 14-511 shall apply throughout the City.
No building, structure, or other object shall exceed the height limitations as provided by Title 14 of the Code of Federal Regulations (C.F.R.) – Federal Aviation Regulations (F.A.R.) Part 77: Objects Affecting Navigable Airspace (14 C.F.R. § 77.1 to 77.75) and all of its referenced standards and Advisory Circulars, as they may be amended or added from time to time. Runways referenced in the foregoing shall include all of the following:
(a) At Philadelphia International Airport, Runway Nos. 8, 17, 26, 27L, 27R, 35.
(b) At Northeast Philadelphia Airport, Runway Nos. 6, 15, 24, 33.
(a) Marking and lighting: Upon notice from L&I, the owner of any nonconforming structure that has an adverse effect on air navigational safety as determined by the Federal Aviation Administration shall install obstruction markers or lights as deemed necessary by the FAA, so that the structures become more visible to pilots. All costs to maintain and operate such markers or lights shall be borne by the owner of the nonconforming structure.
(b) No person shall rebuild, replace, or substantially alter any nonconforming structure or other object if, in doing so, the new or altered structure or object would present a greater hazard to air navigation, as determined by the Chief Executive Officer of Philadelphia International Airport or his or her designee, than the prior, unaltered structure or object presented at the time of adoption of this § 14-511.
(a) No variance from the provisions of this § 14-511 shall be issued unless, in addition to satisfying the requirements of § 14-303(8) (Zoning Variances):
(.1) The applicant submits with the application for a variance:
(.a) A map or drawing showing the location of the property in relation to the airport imaginary surfaces. L&I shall provide the applicant with appropriate base maps upon which to locate the property;
(.b) Elevation profiles and a site plan, both drawn to scale, including the location and height of all existing and proposed structures, measured in feet above mean sea level;
(.c) Documentation that a completed FAA Form 7460-1 has been filed with the FAA, along with either a copy of the Form or a printout documenting the relevant information;
(.d) A determination from the Federal Aviation Administration as to the effect of the proposal on the operation of aircraft navigation facilities and the safe, efficient use of navigable airspace. In no instance shall a variance issue if it would allow for a development in violation of any applicable federal regulation; and
(.e) Notice to the Philadelphia Division of Aviation at least fifteen days prior to the public hearing on the variance request, in a form satisfactory to the Philadelphia Division of Aviation. The Zoning Board shall give substantial weight to any concerns expressed by the Philadelphia Division of Aviation regarding interference with aviation safety.
(.2) Prior to issuing any variance, the Zoning Board, through L&I, shall give the Pennsylvania Department of Transportation 30 days notice of the Zoning Board's intent to issue the variance, in such form as the Department of Transportation shall require. The Zoning Board may require further documentation from the applicant, if required by the Department of Transportation.
In the event of a conflict between any provision of this § 14-511 and any other provision of this Title, the more restrictive provision shall control.