(5)   Variances.
(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 Department of Aviation at least fifteen days prior to the public hearing on the variance request, in a form satisfactory to the Philadelphia Department of Aviation. The Zoning Board shall give substantial weight to any concerns expressed by the Philadelphia Department of Aviation regarding interference with aviation safety. 508.1
(.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.

 

Notes

508.1
   Amended, Bill No. 240157 (approved September 4, 2024).