(4)   Nonconformities.
The following standards shall apply to all lots where any portion of the lot is identified as part of a "Heliport Hazard Area":
(a)   Marking and lighting: Upon notice from L&I, the owner of any nonconforming structure that has an adverse effect on air navigational safety within a "Heliport Hazard Area" as determined by the Federal Aviation Administration or the Pennsylvania Department of Transportation, Bureau of Aviation, as applicable, shall install obstruction markers or lights as deemed necessary by the Federal Aviation Administration or the Pennsylvania Department of Transportation, Bureau of Aviation, as applicable, 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 structure or other object would exceed the maximum height within a "Heliport Hazard Area" or otherwise increase the occupied area above the maximum height shown within a "Heliport Hazard Area".
(5)   Variances.
No variance from the provisions of this § 14-531 shall be issued unless, in addition to satisfying the requirements of § 14-303(8) (Zoning Variances):
(a)   The applicant submits with the application for a variance:
(.1)   A map or drawing showing the location of the property in relation to the approach and departure flight corridors as approved by the Federal Aviation Administration or the Pennsylvania Department of Transportation, Bureau of Aviation, as applicable, for the designated helipad, provided the Commission shall provide the applicant with appropriate base maps upon which to locate the property;
(.2)   Elevation profiles and a site plan, both drawn to scale, including the elevation of the average grade level, and the location and height of all existing and proposed structures, all measured in feet above grade in City Datum;
(.3)   Documentation that a completed Federal Aviation Administration Form 7460-1 or the Pennsylvania Department of Transportation Form AV-57, as applicable, has been filed with the Federal Aviation Administration or the Pennsylvania Department of Transportation, Bureau of Aviation, as applicable, along with either a copy of the Form or a printout documenting the relevant information;
(.4)   Any determination from the Federal Aviation Administration or the Pennsylvania Department of Transportation, Bureau of Aviation, as applicable, as to the effect of the proposal on the operation of aircraft navigation facilities and the safe, efficient use of navigable airspace, provided that in no instance shall a variance be issued if it would allow for a development in violation of any applicable federal or state aviation regulation;
(.5)   A study assessing the impact of the proposal on the operation of helicopter aircraft navigation and the safe, efficient use of airspace by helicopters arriving and departing from the associated heliport completed by an independent third party recognized by peers to possess extensive knowledge of aviation engineering or aviation planning; and
(.6)   A notice in writing and copy of the study required by subsection (.5), above, submitted to the owner of the associated heliport at least 30 days prior to the public hearing on the variance request.
(b)   Prior to issuing any variance, the Zoning Board, through L&I, shall give the Pennsylvania Department of Transportation, Bureau of Aviation, 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.