The purpose of this district is to create an airport overlay
that considers safety issues around Philadelphia International Airport,
regulates and restricts the heights of constructed structures and
objects of natural growth, creates appropriate zones, establishing
boundaries thereof and providing for changes in the restrictions and
boundaries of such zones, creates the permitting process for us within
said zones and provides for enforcement, assessment of violation penalties,
an appeals process, and judicial review.
The Airport Overlay District shall not modify the boundaries
of any underlying zoning district. Where identified, the Airport District
Overlay shall impose certain requirements on land use and construction
in addition to those contained in the underlying zoning district.
The following words and phrases when used in this district shall
the meaning given to them in this section unless the context clearly
indicates otherwise.
The highest point of an airport's usable landing area measured
in feet above sea level. The elevation of Philadelphia International
Airport is 36.1 feet.
Any structure or object, natural or man-made, or use of land
which obstructs the airspace required for flight or aircraft in landing
or taking off at an airport or is otherwise hazardous as defined in
14 CFR Part 77 and 74 Pa.C.S.A. § 5102.
Any area of land or water upon which an airport hazard might
be established if not prevented as provided for in this district and
the Act 164 of 1984 (Pennsylvania Laws Relating to Aviation).[1]
An imaginary surface longitudinally centered on the extended
runway center line and extending outward and upward from each end
of the primary surface. An approach surface is applied to each end
of the runway based on the planned approach. The inner edge of the
approach surface is the same width as the primary surface and expands
uniformly depending on the planned approach. The approach surface
zone, as shown in Figure 1,[2] is derived from the approach surface.
An imaginary surface extending outward and upward from the
periphery of the horizontal surface at a slope of 20 feet horizontally
to one foot vertically for horizontal distance of 4,000 feet. The
conical surface zone as shown on Figure 1[3] is based on the conical surface.
Pennsylvania Department of Transportation.
Federal Aviation Administration of the United States Department
of Transportation.
For the purpose of determining the height limits in all zones
set forth in this district and shown on the Zoning Map, the datum
shall be mean sea level elevation unless otherwise specified.
An imaginary plane 150 feet about the established airport
elevation that is constructed by swinging arcs of various radii from
the center of the end of the primary surface and then connecting the
adjacent arc by tangent lines. The radius of each arc is based on
the planned approach. The horizontal surface zone, as shown on Figure
1,[4] is derived from the horizontal surface.
A runway that is constructed for and intended to be used
by propeller-driven aircraft of greater than 12,500 pounds maximum
gross weight and jet powered aircraft.
Any preexisting structure, object of natural growth, or use
of land which is inconsistent with provisions of the district or an
amendment thereto.
A runway having an existing instrument approach procedure
utilizing air navigation facilities, with only horizontal guidance,
or area-type navigation equipment, for which a straight-in non-precision
instrument approach procedure has been approved or planned.
Any structure, growth, or other object, including a mobile
object which exceeds a limiting height set forth by this district.
A runway having an existing instrument approach procedure
utilizing an Instrument Landing System (ILS) or a Precisions Approach
Radar (PAR). It also means a runway for which a precision approach
system is planned and is so indicated on an approved airport layout
plan or any planning document.
An imaginary surface longitudinally centered on the runway
extending 200 feet beyond the end of paved runways or ending at each
end of turf runways. The elevation of any point on the primary surface
is the same as the elevation of the nearest point on the runway center
line. The primary surface zone, as shown on Figure 1,[5] is derived from the primary surface.
A defined area of an airport prepared for landing and takeoff
of aircraft along its length.
An object, including a mobile object, constructed or installed
by man, including but without limitation, buildings, towers, cranes,
smokestacks, earth formation and overhead transmission lines.
An imaginary surface that extends outward and upward from
the edge of the primary surface to the horizontal surface at a slope
of seven feet horizontally to one foot vertically. The transitional
surface zone, as shown in Figure 1,[6] is derived from the transitional surface.
Any object of natural growth.
A runway that is constructed for and intended to be used
by propeller driven aircraft of 12,500 pounds maximum gross weight
or less.
A runway intended solely for the operation of aircraft using
visual approach procedures.
[1]
Editor's Note: See 74 Pa.C.S.A. § 5101 et seq.
[2]
Editor's Note: Figure 1 is included as an attachment to this chapter.
[3]
Editor's Note: Figure 1 is included as an attachment to this chapter.
[4]
Editor's Note: Figure 1 is included as an attachment to this chapter.
[5]
Editor's Note: Figure 1 is included as an attachment to this chapter.
[6]
Editor's Note: Figure 1 is included as an attachment to this chapter.
There are hereby created and established certain zones within the Airport District Overlay, defined in § 600-233 and depicted in Figure 1[1] and illustrated on the Airport Hazard Area Map, hereby
adopted as part of this chapter, which include:
A.Â
Approach Surface Zone.
B.Â
Conical Surface Zone.
C.Â
Horizontal Surface Zone.
D.Â
Primary Surface Zone.
E.Â
Transitional Surface Zone.
[1]
Editor's Note: Figure 1 is included as an attachment to this chapter.
A.Â
As regulated by Act 164 and defined by 14 Code of Federal Regulations Part 77.13(a) (as amended or replaced), any person who plans to erect a new structure, to add to an existing structure, or to erect and maintain any object (natural or man-made), in the vicinity of the airport, shall first notify the Department's Bureau of Aviation (BOA) by submitting PennDOT Form AV-57 to obtain an obstruction review of the proposal at least 30 days prior to commencement thereof. Any new structure with a proposed height of 200 feet or less shall be exempt from the foregoing. The Department's BOA response must be included with this permit application for it to be considered complete. If the Department's BOA returns a determination of no penetration of airspace, the permit request should be considered in compliance with the intent of this Overlay district. If the Department's BOA returns a determination of a penetration of airspace, the permit shall be denied, and the project sponsor may see a variance from such regulations as outlined in § 600-236.
B.Â
No permit is required to make maintenance repairs to or to replace
parts of existing structures which do not enlarge or increase the
height of an existing structure.
A.Â
Any request for a variance shall include documentation in compliance
with Code 14 of Federal Regulations Part 77 subpart B (FAA Form 7460-1
as amended or replaced). Determinations of whether to grant a variance
will depend on the determinations made by the FAA and the Department's
BOA as to the effect of the proposal on the operation of air navigation
facilities and the safe, efficient use of navigable air space. In
particular, the request for a variance shall consider which of the
following categories the FAA has placed the proposed construction
in:
(1)Â
No objection. The subject construction is determined not to
exceed obstruction standards and marking/lighting is not required
to mitigate potential hazard. Under this determination a variance
shall be granted.
(2)Â
Conditional determination. The proposed construction/alteration is determined to create some level of encroachment into an airport hazard area which can be effectively mitigated. Under this determination, a variance shall be granted contingent upon implementation of mitigating measures as described in § 600-239, Obstruction marking and lighting.
(3)Â
Objectionable. The proposed construction/alteration is determined
to be a hazard and is thus objectionable. A variance shall be denied
and the reasons for this determination shall be outlined to the applicant.
B.Â
Such requests for variances shall be granted where it is duly found
that a literal application or enforcement of the regulations will
result in unnecessary hardship and that relief granted will not be
contrary to the public interest, will not create a hazard to air navigation,
will do substantial justice, and will be in accordance with intent
of this district.
Notwithstanding any other provisions of this district, no use
shall be made of land or water within the Airport District Overlay
in such a manner 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,
taking or maneuvering or aircraft utilizing the airport.
The regulations prescribed by this district shall not be construed
to require the removal, lowering, or other changes or alteration of
any structure or tree not conforming to the regulations as of the
effective date of this chapter, or otherwise interfere with the continuance
of a nonconforming use. No nonconforming use shall be structurally
altered or permitted to grow higher, so as to increase the degree
of nonconformity, and a nonconforming use, once substantially abated
(subject to the underlying zoning ordinance) may only be reestablished
consistent with the provisions herein.
Any permit or variance granted pursuant to the provisions of this district may be conditioned according to the process described in § 600-236 to require the owner of the structure or object of natural growth in question to permit the municipality, at its own expense, or require the person requesting the permit or variance, to install, operate and maintain such marking or lighting as deemed necessary to assure both ground and air safety.
Where there exists a conflict between any of the regulations
or limitations prescribed in this district and any other regulation
applicable to the same area, the more stringent limitation or requirement
shall govern and prevail.
If any provisions of this district or the application thereof
to any person or circumstance are held invalid, such invalidity shall
not affect other provisions of this district of this chapter overall
which can be given effect without the invalid provision or application,
and to this end, the provisions of this district are declared severable.
