This article shall be known as the "Penndel Borough Airport
Zoning Overlay District."
This article and the regulations set forth herein are authorized
and required by Pennsylvania Act 1984-164.
All areas of the Borough of Penndel shall be located in the
Airport Zoning District as the entire Borough is located within the
approach area of the Northeast Philadelphia Airport as is shown on
a plan created by the URS Corporation on behalf of PennDOT Bureau
of Aviation, dated May 27, 2010. A copy of the plan is on file at
Borough Hall.
The height of all buildings and structures located in the Airport
Zoning Overlay District may not exceed the height established in the
underlying zoning district. Prior to the construction of any building
or structure exceeding the height established in the underlying zoning
district, a property owner must: 1) obtain the appropriate zoning
relief from the Penndel Borough Zoning Hearing Board; and 2) notify
PennDOT Bureau of Aviation by submitting PennDOT Form AV-57 to obtain
an obstruction review of the proposed building or structure at least
30 days prior to commencement of construction. All applications to
PennDOT shall include documentation in compliance with 14 CFR, Part
77, Subpart B (FAA Form 7460-1, as amended or replaced).
Notwithstanding any other provisions of this article, no use
shall be made of land or water within the Airport Overlay District
in such a manner as to create electrical interference with navigational
signals or radio communications between the airport and aircraft,
make it difficult for pilots to distinguish between airport lights
and others, impair visibility in the vicinity of the airport, create
bird strike hazards or otherwise endanger or interfere with the landing,
takeoff or maneuvering of aircraft utilizing the airport.
The regulations prescribed by this article shall not be construed
to require the removal, lowering or other change or alteration of
any structure or tree not conforming to the regulations as to the
effective date of this article, or otherwise interfere with the continuance
of the nonconforming use. No nonconforming use shall be structurally
altered or permitted to grow higher, so as to increase the nonconformity,
and a nonconforming use, once substantially abated (subject to the
underlying zoning ordinance), may only be reestablished consistent
with the provisions herein.