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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".
(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.
In the event of a conflict between any provision of this § 14-531 and any other provision of this Title, the more restrictive provision shall control.
Notes
| 583 | Added, Bill No. 210633-A (approved January 18, 2022), effective July 18, 2022. Section 2 of Bill No. 210633-A provides: "Effective date. This Ordinance shall take effect six months following its enactment. Construction pursuant to a valid zoning permit application that was filed prior to the effective date shall not be counted for purposes of determining whether a project is a Residential Housing Project within the meaning of § 14-533(2) of The Philadelphia Code, as added by Section 1 of this Ordinance." |
The Mixed Income Neighborhoods Overlay District shall apply to Residential Housing Projects on lots located in the following areas:
(a) The area bounded by Haverford Avenue, 41st Street, Olive Street, Fairmount Avenue, 40th Street, an Amtrak Rail Right-of-Way, Spring Garden Street, the Schuylkill River, Grays Ferry Avenue, 47th Street, Warrington Avenue, 48th Street, Beaumont Ave, 49th Street, Pentridge Avenue, 50th Street, Willows Avenue, 51st Street, Hadfield Street, 52nd Street, Whitby Avenue, 53rd Street, Chestnut Street, Cobbs Creek Parkway, 63rd Street, Arch Street, 54th Street, Race Street, and 50th Street, as shown on the following map, for illustrative purposes only; 584
{For printable PDF version of image, click HERE}
(b) Any lot that is located both within the /TOD overlay district and the 7th Council District, as shown on the maps under (c) and (d) below, for illustrative purposes only;
(c) The area bounded by Westmoreland Street, Kensington Avenue, Hagert Street, Emerald Street, Boston Street, Coral Street, Front Street, Norris Street, Frankford Avenue, Oxford Street, 6th Street, Dauphin Street (extended), 4th Street (extended), Lehigh Avenue, 5th Street, Allegheny Avenue, and B Street, as shown on the following map, for illustrative purposes only; 585
{For printable PDF version of image, click HERE}
(d) The area bounded by Cheltenham Avenue, Charles Street, Pratt Street, Valley Street, Harrison Street, Tackawanna Street, Orthodox Street, Griscom Street, Wakeling Street, Castor Avenue, and Oxford Circle, as shown on the following map, for illustrative purposes only; and 586
{For printable PDF version of image, click HERE}
(e) The area bounded by Roosevelt Boulevard, a former Conrail Right-of-Way, Annsbury Street, 6th Street, and Wingohocking Street, as shown on the following map, for illustrative purposes only.
{For printable PDF version of image, click HERE}
Notes
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| 585 | |
| 586 |
(a) For the purposes of this § 14-533, a Residential Housing Project is any development which itself, or in combination with any closely related development, involves the development of ten or more dwelling units, twenty or more sleeping units, or both, and that is located in whole or in part within the Mixed Income Neighborhoods Overlay District, provided a Residential Housing Project is not: 587
(.1) Any development in which all dwelling units are developed by an educational institution for the exclusive use and occupancy of such institution’s students or other institution-affiliated persons such as resident advisors or house masters; or
(.2) Any development where less than twenty-five percent (25%) of gross floor area will be in residential use.
(.3) A Personal Care Home as defined in § 14-603(11) of the Code.
(b) In determining whether a development constitutes a Residential Housing Project, the City shall consider, among other things, whether the development is marketed as a single or unified project, shares common ownership, including common membership in a corporation, mailing address and contact information for owner of record, or other elements, or is a phase of a larger development. This definition shall be interpreted broadly to achieve the purposes of this Chapter and to prevent evasion of its terms.
Notes
| 587 |
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