[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
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.[1]
[1]
Editor's Note: See 74 Pa. Code Chs. 51 through 61.
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.