HomeMy WebLinkAbout2002-10-22 Public hearingNOTICE OF PUBLIC HEARING
Notice is hereby given that the City Council
of Iowa City will hold a public hearing on the
22nd day of October, 2002, at 7:00 p.m. in
the Emma Harvat Hall of the Civic Center,
410 E. Washington Street, Iowa City, Iowa,
or if said meeting is cancelled, at the next
meeting of the City Council thereafter as
posted by the City Clerk; at which hearing
the Council will consider an Ordinance
regulating and restricting the use and height
of structures and objects of natural growth in
the vicinity of the Iowa City Municipal Airport
by creating appropriate zones and
establishing boundaries thereof, defining
certain terms used in said ordinance,
referring to the Iowa City Municipal Airport
zoning map as part of the ordinance,
establishing an Airport Zoning Commission,
establishing an Airport Zoning Board of
Adjustment, and providing for enforcement
and imposing penalties.
Copies of the proposed ordinance are on
file for public examination in the office of the
City Clerk, Civic Center, Iowa City, Iowa.
Persons wishing to make their views known
for Council consideration are encouraged to
appear at the above-mentioned time and
place.
MARIAN K. KARR, CITY CLERK
Prepared by: Sarah E. Holecek, First Asst. City Atty., 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030
Ordinance No.
AN ORDINANCE AMENDING TITLE 14, CHAPTER 8, ENTITLED "AIRPORT ZONING" BY REPEALING THE
EXISTING CHAPTER IN ITS ENTIRETY AND REPLACING SAME WITH A CHAPTER REGULATING AND
RESTRICTING THE USE AND HEIGHT OF STRUCTURES AND OBJECTS OF NATURAL GROWTH IN THE VICINITY
OF THE IOWA CITY MUNICIPAL AIRPORT BY CREATING APPROPRIATE ZONES AND ESTABLISHING
BOUNDARIES THEREOF: DEFINING CERTAIN TERMS USED HEREIN: REFERRING TO THI~ IOWA CITY
MUNICIPAL AIRPORT ZONING [M~u°, AS AMENDED, WHICH MAP IS ADOPTED BY THIS ORDINANCE:
ESTABLISHING AN AIRPORT ZONING COMMISSION: ESTABLISHING AN AIRPORT ZONING BOARD OF
ADJUSTMENT: PROVIDING FOR ENFORCEMENT: AND IMPOSING PENALTIES.
WHEREAS, it is hereby found that the Government of the United States of America has taken unto itself
the sole authority to regulate the operation and control of aircraft in flight, and has enacted certain federal
regulations for the purpose of protecting the health, safety and general welfare of persons on the ground
and of occupants of aircraft in flight, and the property of those persons; and
WHEREAS, the health, safety and general welfare of the residents and occupants of the City of Iowa
City, Iowa, and Johnson County, Iowa, and the users of the Iowa City Municipal Airport, depend upon
the knowledge of, and adherence to, federal regulations that have been enacted; and
WHEREAS, Obstructions in the pathway of aircraft in flight, and certain uses of the land Underlying
those pathways constitute a hazard to the health, safety and general welfare of the occupants and users of
the land, and to the property of said occupants and users. The creation, establishment or maintenance of
such hazards is a public nuisance and an injury to the people of the City of Iowa City, and Johnson
County, and
WHEREAS, Failure to adhere to the established principles and practice of safe use of the airspace and
land in the vicinity of the Iowa City Municipal Airport could impai~ or destroy the utility of the Airport
and the public investment therein; and
WHEREAS, for the health, safety and general welfare of the residents and occupants of the City of Iowa
City, Iowa, and Johnson County, Iowa, this ordinance is adopted pursuant to the authority conferred upon
the City of Iowa City, and the Johnson County Board of Supervisors by the provisions of Chapter 329 of
the Iowa Code, granted to municipalities, and relating to the prevention of hazards and non-compatible
land uses in the vicinity of airports by establishing Airport Zoning Regulations..
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION 1. AMENDMENT.
I. Title 14, Chapter 8, entitled "Airport Zoning", Articles A through D, entitled "General Airport Zoning
Provisions", "Airport Zones", "Administration and Enforcement" and "Modifications, Exceptions and
Variances", respectively, are hereby repealed in their entirety (including all sections contained
therein), and a new Title 14, Chapter 8, entitled "Airport Zoning", Article A, entitled "Airport Zoning
Provisions" is hereby adopted as follows:
1. Adopting a new Section 14-8A-1 entitled "SHORT TITLE": as follows: This ordinance and
resolution shall be known and may be cited as "The Iowa City Municipal Airport Zoning
Ordinance" or "The Airport Zoning Ordinance."
2. Adopting a new Section 14-8A-2 entitled "PURPOSE": as follows: The purpose of this Chapter
shall be to:
A. Exercise, to the fullest extent possible, the powers granted to municipalities under the Code
of Iowa, as amended, and to codify existing regulations of the Federal Aviation
Administration relating to land uses incompatible with or constituting a hazard to aviation at
the Iowa City Municipal Airport.
B. Promote the public health, safety, order, convenience, prosperity and general welfare through
the prevention of obstructions and non-compatible land uses, to the extent legally possible, by
proper exercise of the police power, without compensation.
C. Achieve the mitigation of non-compatible uses and hazards to safe air navigation through
prevention, removal, or alteration, through the marking and lighting of obstructions, which
are public purposes for which the City of Iowa City, and Johnson County may raise and
expend public funds, or through the acquisition of land or interests in land; to that end, the
City Council of Iowa City and the Board of Supervisors of Johnson County hereby declare
that:
1. A hazard created by failure to comply with the provisions of this ordinance may be
abated in the manner prescribed by law for the abatement of public nuisances; and
2. Neither political subdivision shall become liable for the expenditure of its public funds
unless such expenditure shall have been approved in advance by its governing body.
3. Adopting a new Section 14-8A-3 entitled "DEFINITIONS': as follows: For the purposes of this
ordinance, the following definitions shall apply unless the context requires otherwise. In each
case the singular shall include the plural and the plural shall include the singular.
AERIAL NAVIGATION- The movement of an aircraft through the air.
AIRCRAFT - Any human controlled contrivance used or designed for carrying humans in flight
through the air, but not including parachutes.
AIRPORT - The Iowa City Municipal Airport
AIRPORT COMMISSION - The Iowa City Municipal Airport Commission or its duly appointed
representative.
AIRPORT ELEVATION -- 684-feet (MSL).
AIRPORT HAZARD - Any structure, or tree, or use of land, which would exceed the Federal
obstruction standards as contained in 14 CFR FAR, Part 77, and which obstructs or is otherwise
hazardous to the landing or departure of any aircraft at the Airport, or hazardous to persons or
property on the ground. Any structure or tree that the Federal Aviation Administration has found,
or determined, to be a hazard.
AIRPORT HAZARD AREA - Any area of land or water upon which an airport hazard might be
established if not prevented as provided by this ordinance.
AIRPORT ZONING MAP - The Iowa City Municipal Airport Zoning Map, dated March 25, 2002,
and as thereafter amended by ordinance, which Map is adopted by this Ordinance and which Map
is on file in the Office of the City Clerk, Iowa City, Iowa.
BUILDING OFFICIAL - The Building OfficiaI of Iowa City, Iowa, or a duly authorized designee
thereof.
CITY - The City of Iowa City, Iowa.
COUNTY -- Johnson County, Iowa.
FEDERAL AVIATION ADMINISTRATION (FAA) - An agency of the United States Government that
administers the Federal regulations that relate to the use and flight of aircraft, and related
regulations. The location of the controlling FAA office may be found in Appendix 1 of this
ordinance.
INNER EDGE - That edge of any zone that is closest to the runway end to which the zone applies.
The inner edge is perpendicular to the runway centerline. The elevation of each irmer edge is the
same as the elevation of the runway threshold to which it applies, and which is depicted on the
Airport Zoning Map, dated March 25, 2002, and as thereatter amended by ordinance, which Map
is adopted by this Ordinance and which Map is on file in the Office of the City Clerk, Iowa City,
Iowa.
MSL - Altitude above mean sea level.
NOTICE OF PROPOSED CONSTRUCTION OR ALTERATION - A requirement of 14 CFR Ch. 1. Part
77, providing for persons who propose any kind of construction or alteration of the type described
in the section to provide notice to the FAA of such action. A copy of Part 77 may be found in
Appendix III of this ordinance.
NON-COMPATIBLE USE - Any activity that would degrade the safety of people on the ground, or
occupants of aircraft in flight, including but not limited to, storage of hazardous materials, above
ground storage of flammable liquids in excess of 660 gallons, and those that lead to an assembly
of people, including, but not limited to, residences, theaters, churches, schools, athletic fields,
camp grounds, hospitals, office buildings, shopping centers, hotels and motels, and other uses
with similar concentrations of persons.
NON-CONFORMING STRUCTURE - Any structure or portion of any structure that is located within
or underlying any of the zones created by this ordinance and that does not conform to the height
and/or use provisions of this ordinance.
OBSTRUCTION - Any structure or tree, the height of which exceeds that which is allowed by this
ordinance.
PERSON - Any individual, firm, co-partnership, corporation, company, association, joint stock
association, or body politic, and includes any trustee, assignee or other similar representative
thereof.
RUNWAY THRESHOLD - A designated point on any Airport runway that establishes the end of the
runway. The Runway Threshold may or may not correspond with the end of the paved portion of
the runway.
STRUCTURE -- Any object, whether permanent or temporary, stationary or mobile, constructed or
installed by humans, including but not limited to; buildings, towers, smokestacks, scaffolds,
lighting fixtures, public and private roads, railways, and overhead transmission lines, including
poles or other structures supporting the same.
TREE - Any object of natural growth.
ZONING ADMINISTRATOR - The Zoning Administrator of Johnson County, Iowa, or a duly
authorized designee thereof.
4. Adopting a new Section 14-8A-4 entitled "AIRPORT ZONES": as follows: In order to carry out
the provisions of this section there are hereby created and established certain zones which are
adopted and described herein, and which are depicted on the Iowa City Airport Zoning Map,
dated March 25, 2002, and as thereafter amended by ordinance, which Map is adopted by this
Ordinance and which Map is on file in the Office of the City Clerk, Iowa City, Iowa. Any
structure or tree located in more than one zone is considered to be only in the zone with the more
restrictive height and use limitation. The various zones hereby established and defined are as
follows.
A. Approach Overlay Zone- (AO) Defined. The airspace above a sloping plane extending
outward from each end of each runway, rising uniformly at a fixed ratio, and of fixed size,
through which aircraft commonly operate when arriving at, and departing from, the Airport. AO
zones vary in size and slope based upon the present or futura use that can be expected for each
Airport runway. The AO Zones at the Airport are as follows:
1. Runway 25 (AO25) - Beginning 200 feet beyond the runway threshold to the northeast, and
centered on the extended centerline of the runway, the inner edge of the zone is 1,090 feet
wide, expanding uniformly to an outer edge width of 16,000 feet. The altitude of the inner
edge is the same as the altitude of the runway threshold at the centerline, as depicted on the
Airport Zoning Map. For each 50 feet of horizontal distance, the floor of the zone rises from
the inner edge one foot (50:1) for a horizontal distance of 10,000 feet, and then rising, for
each 40 feet of horizontal distance, one foot (40:1 .) for an additional distance of 40,000 feet.
2. Runway 7 (AO7) - Beginning 200 feet beyond the paved portion at the end of the runway and
centered on the extended centerline of the runway, the inner edge of the zone is 1,000 feet
wide, expanding uniformly to an outer edge width of 1,500 feet. The altitude of the inner
edge is the same as the altitude of the runway threshold at the centerline, as depicted on the
Airport Zoning Map. For each 20 feet of horizontal distance, the floor of the zone rises from
the inner edge one foot (20:1), continuing for a total horizontal distance of 5,000 feet.
3. Runway 30 (AO30) - Beginning 200 feet beyond the threshold at the southeast end of the
runway and centered on the extended centerline of the runway, the inner edge of the zone is
500 feet wide, expanding uniformly to an outer edge width of 3,500 feet. The altitude of the
inner edge is the same as the altitude of the runway threshold at the centerline, as depicted on
the Airport Zoning Map. For each 34 feet of horizontal distance, the floor of the zone rises
from the inner edge one foot (34:1), for a total horizontal distance of 10,000 feet.
4. Runway 12 (AO12) - Beginning 200 feet beyond the paved portion at the end of the runway
and centered on the extended centerline of the runway, the inner edge of the zone is 500 feet
wide, expanding uniformly to an outer edge width of 1,500 feet. The altitude of the inner
edge is the same as the altitude of the runway threshold at the centerline, as depicted on the
Airport Zoning Map. For each 20 feet of horizontal distance, the floor of the zone rises from
the inner edge one foot (20:1), continuing for a total horizontal distance of 5,000 feet.
5. Runway 36 (AO36) - Beginning 200 feet beyond the paved portion at the south end of the
runway and centered on the extended centerline of the runway, the inner edge of the zone is
500 feet wide, expanding uniformly to an outer edge width of 3,500 feet. The altitude of the
inner edge is the same as the altitude of the runway threshold at the centerline, as depicted on
the Airport Zoning Map. For each 34 feet of horizontal distance, the floor of the zone rises
from the inner edge one foot (34:1), for a total horizontal distance of 10,000 feet.
6. Runway 18 (AO18) - Beginning 200 feet beyond the threshold at the north end of the runway
and centered on the extended centerline of the runway, the inner edge of the zone is 500 feet
wide, expanding uniformly to an outer edge width of 1,500 feet. The altitude of the inner
edge is the same as the altitude of the runway threshold at the centerline, as depicted on the
Airport Zoning Map. For each 20 feet of horizontal distance, the floor of the zone rises from
the inner edge one foot (20:1), continuing for a total horizontal distance of 5,000 feet.
7. Height Limitations:
a. Except as otherwise provided herein, no person shall construct or alter any structure, nor
plant or grow any tree, so as to penetrate any Approach Overlay Zone created herein.
b. No person shall establish or maintain any private roadway in any location that would result
in penetration of any AO zone by any portion of any vehicle that shall be permitted to operate
upon such roadway.
B. Controlled Activity Zone- (CA) Defined. An area of fixed size, underlying the inm:rmost
portion (closest to the runway end) of the AO zone for that runway, descending from the floor of
the AO zone to the ground. The width and length of CA zones may vary, and may be different on
each runway end. The CA zones for the Airport are as follows:
1. Runway 25 (CA25)- Underlying the innermost 1,700 feet of the AO zone at the northeast end
of the runway, the width of the CA zone is 1,000 feet at the inner edge and expands
uniformly to a width of 1,510 feet
2. Runway 7 (CA7)- Underlying the innermost 1,700 feet of the AO zone at the southwest end
of the runway, the width of the CA zone is 500 feet at the inner edge and expands uniformly
to a width of 1010 feet.
3. Runway 30 (CA30) - Underlying the innermost 1,000 feet of the AO zone at the southeast
end of the runway, the width of the CA zone is 500 feet at the inner edge, expanding
uniformly to a width of 700 feet.
4. Runway 12 (CA12) - Underlying the innermost 1,000 feet of the AO zone at the northwest
end of the runway, the width of the CA zone is 500 feet at the inner edge, expanding
uniformly to a width of 700 feet.
5. Runway 36 (CA36) - Underlying the innermost 1,000 feet of the AO zone at the south end of
the runway, the width of each CA zone is 250 feet at the inner edge, expanding uniformly to a
width of 450 feet.
6. Runway 18 (CA18) - Underlying the innermost 1,000 feet of the AO zone at the north end of
the runway, the width of the CA zone is 250 feet at the inner edge, expanding uniformly to a
width of 450 feet.
7. Use Limitations:
a. No person shall establish or maintain any non-compatible use in any Controlled Activity
Zone.
b. No structures, other than airport structures, the location of which is dictated by function,
either permanent or temporary, shall be permitted in any portion of any Controlled Activity
Zone on land that is the property of the City of Iowa City, Johnson County, or The State of
Iowa.
C. Horizontal Overlay Zone (HO) Defined The airspace above a horizontal plane, the perimeter
of which is established by swinging arcs of 10,000 foot radii from the center of the inner edge of
the AO zones of runways 25, 30, and 36, and an arc of 5,000 foot radius from the center of the
inner edge of the AO zone of runway 12, 7, and 18, and connecting the adjacent arcs by lines
tangent to those arcs. The floor of the HO zone is 150 FT above the Airport elevation, or 834 feet
above mean sea level.
1. Height Limitation:
Except as otherwise provided herein, no person shall construct or alter any structure, or plant
or grow any tree, so as to penetrate the Horizontal Overlay zone created herein.
D. Transitional Overlay Zone (TO) Defined The airspace above a sloping plane along each side
of each runway, and from the sides of each AO zone. For each 7 feet horizontally the floor of the
zone rises at the rate of 1 foot of elevation (7:1) The TO zones for the Airport are as follows:
1. Runway 25 (TO25) - Along each side of the runway, beginning at a point 500'feet fram the
center line of the runway and at right angles to the runway center line, and from each side of
the AO zone at the northeast end of the runway, at right angles to the extended runway center
line. The TO zone is interrupted at the point where it intersects the HO zone, and resumes at
the outer edge of the CO zone (see Section 1II, E, below) and continues outward at right
angles to the extended runway center line, for a distance of 5,000-feet from the outer edge of
the AO zone.
2. Runway 7 (TO7) - Along each side of the runway, beginning at a point 500 feet from the
center line of the runway and at right angles to the runway center line, and from each side of
the AO zone at the northwest end of the runway, at right angles to the extended runway
center line. The TO zone ends at the point where it intersects the HO zone.
3. Runway 30/12 (TO30/12) - Along each side of the runway, beginning at a point 250 feet from
the center line of the runway and at right angles to the runway center line, and from each side
of the AO zone at each end of the runway at right angles to the extended runway center line.
The TO zone ends at the point where it intersects the HO zone.
4. Runway 36/I8 (TO36/18) - Along each side of the runway, beginning at a point 250 feet from
the center line of the runway and at right angles to the runway center line, and from each side
of the AO zone at each end of the runway, at right angles to the extended runway center line.
The TO zone ends at the point where it intersects the HO zone.
5. Height Limitations:
a. Except as otherwise provided herein, no person shall construct or alter any structure, or
plant or grow any tree, so as to penetrate any Transitional Overlay zone created herein.
b. No person shall establish or maintain any private roadway in any location that would
result in penetration of any Transitional Overlay zone by any portion of any vehicle that shall
be permitted to operate upon such roadway.
E. Conical Overlay Zone {CO) ,Defined The airspace above a sloped horizontal plane beginning
at the periphery of the HO zone. For each 20 feet horizontally, the floor of the zone rises one foot
in height (20:1) for a horizontal distance of 4,000 feet.
1. Height Limitations:
Except as otherwise provided herein, no person shall construct or alter any structure, or plant
or grow any tree, so as to penetrate the Conical Overlay zone created herein.
5. Adopting a new Section 14-8A-5 entitled "GENERAL ZONING REGULATIONS" as follows:
A. Except as otherwise provided herein, no person shall construct or alter any structure in any
zone created herein without having first obtained a building permit from the Building Official, or
a Zoning Permit from the Zoning Administrator. No person shall be issued a permit for any
construction or alteration in any AO, CA, or TO zone, without a determination or finding from
the FAA, pursuant to the submission of an applicable Notice of Proposed Construction or
Alteration. (See Section 14-8A-6, below.) Such finding or determination must not find or
determine that the proposed construction or alteration:
1. Would create ahazard.
2. Would endanger the general safety, health and welfare of persons in the vicinity of the
Airport, or occupants of aircraft in flight.
3. Would result in the raising of the minimum instrument flight altitude of any Federal Airway,
approved off-airway route, or instrument approach procedure to the Airport.
B. Except as otherwise provided herein, no change in the use or occupancy of land, or change of
use or occupancy in an existing building or in any zone created herein shall be made, nor
shall any new building be occupied until an occupancy permit has been issued by the
Building Official or Zoning Administrator. No occupancy permit obtained for a specific use
shall apply to any other use.
C. No person shall be issued an occupancy permit for any non-compatible use in any CA zone.
D. No person shall establish or maintain any private roadway in any location that would result in
penetration of any zone created herein by any portion of any vehicle that shall be permitted to
operate upon such roadway.
E. Within 5.000-feet of the nearest point of the nearest Airport runway, no person shall establish
or maintain any structure or use that would create a bird strike hazard.
F. Notwithstanding any other provision of this ordinance, no person shall, in any zone created
by this ordinance, or upon any land or water underlying such zones:
1. Establish any putrescible waste landfill.
2. Create, alter, or maintain any structure or use in such a manner ag to create electrical or radio
interference with aviation navigational signals or aircraft communications.
3. Install, align or use any lighting devices that make it difficult for pilots to distinguish between
airport lights and others, create glare in the eyes of pilots, or otherwise impair visibility.
4. Produce steam, smoke, or other visual hazard that would impair visibility.
5. Create, alter, or maintain any structure or use that would endanger or interfere with landing,
takeoff or maneuvering of any aircraft.
6. Plant, or allow the growth of, any tree, which, during the normal life cycle of such tree, can
be expected to grow into any zone created herein.
6. Adopting a new Section 14-8A-6 entitled "LIGHTING AND MARKING" as follows:
A. Notwithstanding any other provision of this ordinance, any person constructing or altering any
structure located in any zone created by this ordinance shall install all lighting or markings upon
said structure as shall be recommended by the FAA as a part of its review of the applicant's
Notice of Proposed Construction or Alteration. Such lighting or markings shali be made in a
manner consistent with FAA Regulations and Advisories.
B. Any permit or variance granted under the provisions of this ordinance may be so conditioned so
as to require the owner of the land, structure, or tree in question to permit the City or County to
install, and/or operate and maintain such lighting and/or markings as the City or County deems
necessary to indicate to operators of aircraft the presence of an airport obstruction.
7. Adopting a new Section 14-8A-7, entitled "ADMINISTRATIVE PROCEDURE" as follows:
A. The Building Official or Zoning Administrator shall perform the administration of~ these ~oning
regulations.
B. Any person who proposes to construct or alter any structure in or underlying any AO, CA, or TO
zone created herein, and who is required to provide Notice of Proposed Construction or
Alteration to the Administrator of the FAA by requirements of Part 77, shall furnish to the
Building Official or Zoning Administrator, a copy of said notice.
C. Except as otherwise provided herein, the Building Official or Zoning Administrator shall not
issue any building permit or occupancy permit without first:
1. In any AO, CA, or TO zone created herein, having received from the applicant a copy of the
applicable Notice of Proposed Construction or Alteration as provided to the FAA, and the
corresponding finding or determination from the FAA that the proposed construction or
alteration complies with SECTION 1V of this ordinance.
2. Having determined that the proposed use is consistent with the zoning provisions contained
herein,
8. Adopting a new Section 14-8A-8, entitled "EXCEPTIONS:" as follows: No Notice of Proposed
Construction or Alteration is required to be submitted to the FAA or to the Building Official or Zoning
Administrator for a building permit for construction or alteration of any structure when the Building
Official or Zoning Administrator has determined that:
A. The proposed structure meets the requirements for shielding. Each and all of the following
requirements are required for a determination of shielding:
1. The property upon which the construction or alteration is proposed is located within the
congested area of a city.
2.The proposed structure does not lie within any CA zone.
3.There exists a structure or structures ora permanent and substantial nature at least as tall and at
least as wide as the proposed structure, and which lie(s) between the location of the proposed
construction or alteration, and a point on the runway centerline at the threshold of the closest
end of the closest runway of the Airport.
4. The shielding structure is within 500 feet of the structure that is proposed for construction or
alteration.
5. It is evident beyond a reasonable doubt that the shielded structure will not adversely affect
aerial navigation.
B. The proposed structure is an antenna that is no greater than 20 feet in height, and does not increase
the height of an existing antenna structure.
C. The proposed structure is an airport, aerial navigation, or meteorological device, of a type
approved by the FAA, the location and height of which is fixed by function.
D. No Notice of Proposed Construction or Alteration is required because the proposed structure
does not lie within 20,000-feet of the nearest point of the nearest runway, or does not penetrate an
imaginary surface, beginning at the nearest point of the nearest runway and at the elevation of the
runway threshold, rising one foot in elevation for each 100 feet of horizontal distance (100:1.)
This exception does not apply to structures located in any CA Zone.
E. There exists an emergency, involving essential public services, public health, or public safety,
that requires immediate construction or alteration, providing that the applicant complies with the
requirements of 14 CFR FAR, Part 77.17 (d) (See Appendix III).
9. Adopting a new Section 14-8A-9, entitled "NON-CONFORIVIITIES", as follows:
A. The regulations prescribed herein are not retroactive and shall not be construed to require the
removal of any tree, or the reconstruction or alteration, or the discontinuation of any use of any
structure made non-conforming by the adoption of this ordinance.
B. Nothing contained herein shall require any change in the construction or alteration, or the
intended use of any structure, the construction or alteration of which was begun prior to the
effective date of this ordinance, and which was conforming prior to the adoption of this
ordinance, and is completed within one year thereafter.
C. No pre-existing non-conforming structure, use, or tree shall be rebuilt, altered, allowed to grow
higher, or be replanted, so as to constitute a greater Airport hazard than it was at the time that
these regulations were adopted.
D. Whenever the Building Official or Zoning Administrator determines that a non-conforming
structure has been abandoned, torn down, physically deteriorated, damaged, or decayed, to such
an extent that its value in no greater that 50% of the average value of the structure and the land
over the preceding ten (10) years, no building permit or occupancy permit shall be issued that
would allow such structure to exceed the applicable height and use provisions of this ordinance.
Any tree so damaged or destroyed shall be subject to the provisions of SECTION 14-SA-5F(6).,
of this ordinance.
E. Not withstanding the previous provisions of this section the owner of any pre-existing non-
conforming structure or tree shall be required to permit the installation, operation, or maintenance
thereon of any markers and/or lights as shall be deemed necessary by the City or County to
indicate to the operators of aircraft, the presence of such structure or tree.
10. Adopting a new Section 14-8A-10, entitled "AIRPORT ZONING COMMISSION" as follows: Pursuant to
the provisions of Section 329.9 of the Iowa Code, there shall be a Iowa City Municipal Airport Zoning
Commission, consisting of five (5) members, two (2) of whom shall be appointed by the City of Iowa
City, two (2) of whom shall be appointed by the Board of Supervisors of Johnson County, and one
additional member whom shall be selected by a majority vote of the City and County appointed members,
and who shall serve as Chairperson of said commission. The terms of such members shall be as provided
by Section 329.9 of the Iowa Code.
1 I. Adopting a new Section 14-8A-l 1, entitled "AIRPORT ZONING BOARD OF ADJUSTMENT" as follows:
Pursuant to the provisions of Section 329.12 of the Iowa Code, there shall be an Iowa City Municipal
Airport Zoning Board of Adjustment, consisting of five (5) members, two (2) of whom shall be appointed
by the City of Iowa City, two (2) of whom shall be appointed by the Board of Supervisors of Johnson
County, and one additional member whom shall be selected by a majority vote of the City and County
appointed members, and who shall serve as Chairperson of said Board. The terms of such members shall
be as provided by Section 329.12 of the Iowa Code. The Airport Zoning Board of Adjustment shall have
the duties and powers established by the Iowa Code.
12. Adopting a new Section 14-8A-12, entitled, "SPECIAL EXCEPTIONS" as follows:
A. With the concurrence of a majority vote, the Airport Zoning Board of Adjustment (the Board)
may, based upon a written determination from the FAA, reverse any order, requirement, decision
or determination of any administrative official and may modify the provisions of this ordinance in
favor of an applicant, providing:
1. Any height or use limitations contained in this ordinance that is modified by the Board shall
not result in a hazard to any aircraft in flight.
2. No use of land shall be permitted that would not be compatible with airport operations.
B. Any application for a special exception to the provisions of this ordinance shall include as a part
thereof, the written determination of the FAA pertaining to the application, and no application
shall be set for hearing by the Board in the absence of such FAA determination.
13. Adopting a new Section 14-8A-13, entitled, "VARIANCES", as follows:
A. Any person desiring to construct or alter any structure, or permit the growth of any tree, or
otherwise use property in a manner that would constitute a violation of this ordinance, may apply
to the Board for a variance from these regulations. The Board shall consider no application for a
variance to the requirements of this ordinance unless a copy of the application has been submitted
to the Airport Commission for their opinion as to the aeronautical effects of such a variance. If
the Airport Commission fails to respond to the Board within forty-five (45) days from its receipt
of the copy of the application, the Board may make its decision in the absence of the Airport
Commission opinion. Such variances may be granted by the Board only where the literal
application of these regulations would result in unnecessary hardship, and are subject to the
following:
I. Such variance would not be contrary to the public interest.
2. Such variance would be in the spirit of this ordinance and of Chapter 329 of the Iowa Code.
3. Such variance shall be granted subject to any reasonable conditions that the Board may deem
necessary to effectuate the purposes of this ordinance and of Chapter 329 of the Iowa Code.
4. Such variance be subject to the requirement that the applicant shall install, operate, and
maintain such markings and lighting, at the applicant's own expense, as may be necessary to
indicate to aircraft operators the existence of an airport obstruction as determined by the
Board.
5. Such variance shall be subject to the reservation of the right of the City and the Airport, to go
onto applicant's property to install, operate, and maintain thereon such FAA approved
markers and lights as may be necessary to indicate to operators of aircraft the existence of an
airport obstruction.
B. Any person aggrieved or affected by any decision of the Airport Zoning Board of Adjustment
may appeal such decision, pursuant to the provisions of the Iowa Code.
14. Adopting a new Section 14-8A-14, entitled, "ENFORCEMENT", as follows: EnforeCment 'of the
provisions of this ordinance shall be the responsibility of the City Manager or such persons as the City
Manager shall, from time to time direct. However such duties of enforcement and administration shall not
include any of the powers herein delegated to the Airport Zoning Board of Adjustment.
15. Adopting a new Section 14-8A-15, entitled, "EQUITABLE REMEDIES", as follows: The City or the
Airport may, pursuant to Section 329.5 of the Iowa Code, maintain an action in equity to restrain and
abate as a nuisance the creation, establishment or maintenance of an airport hazard, in violation of any
provision established by this ordinance, on any property, whether within or without the territorial limits of
the City.
16. Adopting a new Section 14-8A-16, entitled, "PROHIBITED ACTS", as follows: Except as herein
provided, it shall be unlawful for any person to construct or alter any structure, use any land, or grow any
tree in violation of the provisions of this ordinance.
17. Adopting a new Section 14-8A-I7, entitled, "PENALTIES", as follows: Each violation of these
regulations shall constitute a misdemeanor and the perpetrator thereof, upon conviction, shall be punished
by a ftne not to exceed $500 or by imprisonment in the county jail for not more than 30 days, or both.
Each day a violation occurs or continues to exist shall constitute a separate offense.
18. Adopting a new Section 14-8A-I8, entitled, "CONFLICTING REGULATIONS", as follows: In the event
of any conflict between regulations contained in this ordinance and any other regulations applicable to the
same area, whether the conflict be with respect to height of structures or trees, use of structures or land, or
any other matter, the more stringent limitation or requirement shall prevail.
SECTION II: REPEALER. All ordinances and parts of ordinances of the City of Iowa City that are in
conflict with any provision of this ordinance are hereby repealed.
SECTION III: SEVERABILITY. If any section, provision, or part of this Ordinance shall be adjudged to be
invalid or unconstitutional, such adjudication shall not affect the validity of this Ordinance as a whole, nor
any section, provision or part thereof not adjudged invalid or unconstitutional.
SECTION IV: EFFECTIVE DATE. This ordinance shall be in effect immediately after its final passage,
approval and publication, as provided by law.
Passed and approved this day of ,2002.
MAYOR
ATTEST:
CITY CLERK
APPENDIX I
The controlling Federal authority for the Iowa City Municipal Airport is:
Federal Aviation Administration, Central Region
Office of the Manager, Airports Division
901 Locust
Kansas City, MO 64106-2641
APPENDIX II
Notice of Proposed Construction or Alteration, FAA Form 7460-1 shall be sent to:
Federal Aviation Administration
Manager, Air Traffic Division
901 Locust
Kansas City, MO 64106-2641
Sarah/landuse/airport/airport zoning ordinance 10-16.do¢
Prepared by: Sarah E. Holecek, First Asst. City Atty., 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030
Ordinance No.
AN ORDINANCE AMENDING TITLE 14, CHAPTER 8, ENTITLED "AIRPORT ZONING" BY REPEALING THE
EXISTING 1N ITS ENTIRETY AND REPLACING SAME WITH A CHAPTER REGULATING AND
RESTRICTING TIlE AND HEIGHT OF GROWTH IN THE VICiNiTY
OF THE IOWA MUNICIPAL AIRPORT BY CREATING ZONES AND ESTABLISHING
BOUNDARIES DEFINING CERTAIN TERMS USED HEREIN: EFERR1NG TO THE IOWA CITY
MUNICIPAL MAP, AS AMENDED, WHICH MAP IS )OPTED BY THIS ORDINANCE:
ESTABLISHING AN ZONING COMMISSION: ESTABLISHING AIRPORT ZONING BOARD OF
~NFORCEMENT: AND
WHEREAS, it is hereb5 Government of the United unto itself
the sole authority to regulate the c and control of aircraft and has enacted certain federal
regulations for the purpose the health, safety and persons on the ground
and of occupants of aircraft in flight, ~ property of those and
WHEREAS, the health, safety and elfare of the idents and occupants of the City of Iowa
City, Iowa, and Johnson County, Iowa, and users of Iowa City Municipal Airport, depend upon
the kaowledge of, and adherence to, federal re ave been enacted; and
WHEREAS, Obstructions in the pathway of ight, and certain uses of the land underlying
those pathways constitute a hazard to the health nd general welfare of the occupants and users of
the land, and to the property of said occupants The creation, establishment or maintenance of
such hazards is a public nuisance and an injury to )le of the City of Iowa City, and Johnson
County, and
WHEREAS, Failure to adhere to the established ~ of safe use of the airspace and
land in the vicinity of the Iowa City Municipal could imp'~,ir or destroy the utility of the
Airport
and the public investment therein; and / ~
/
WHEREAS, for the health, safety and gene[/tl welfare of the residents a~d occupants of the City of Iowa
City, Iowa, and Johnson County, Iowa, thi~/ordinance: s adopted pursuant'~,o the authority conferred upon
the City of Iowa City, and the Johnson C/unty Board of Supervisors by thc:X,,provisions of Chapter 329 of
the Iowa Code, granted to municipaliti¢, and relating to the prevention of~azards and non-compatible
land uses in the vicinity of airports byCtablishing Airport Zoning Regulations~
/
\
o ,ow^ i.Y,
I. Title 14, Chapter 8, entitled Mrport Zoning, Articles A throug .i ,dj 'O .9 ,l Airport Zoniug
Provisions". "Administration and Enforcement' and ' Modificationg}, Exceptions and
Variances", respectively, are hereby repealed in their entirety (including all sections contained
tberein), and a new Title 14, Chapter 8, entitled "Airport Zoning", Article A, entitled "Airport Zoning
Provisions" is hereby adopted as follows:
1. Adopting a new Section 14-8A-1 entitled "SHORT TITLE": as follows: This ordinance and
resolution shall be known and may be cited as "The lowa City Municipal Airport Zoning
Ordinance" or "The Airport Zoning Ordinance."
2. Adopting a new Section 14-8A-2 entitled "PURPOSE": as follows: The purpose of this Chapter
shall be to:
A. Exercise, possible, the powers municipalities under the Code
of as ded, and to codify existing alations of the Federal Aviation
Admini: to land uses incompatible with c constituting a hazard to aviation at
the Iowa City Cil
B. Promote the public he J, safety, order, convenience general welfare through
the prevention to the extent legally possible, by
proper exercise of the ~ power, on.
C. Achieve the mitigation uses to safe air navigation through
prevention, removal, or on, through the and lighting of obstructions, which
are public purposes City of Iowa , and Johnson County may raise and
expend public funds, or throe or interests in land; to that end, the
City Council of Iowa Cit~ Board of St of Johnson County hereby declare
that:
1. A hazard created by failure to the provisions of this ordinance may be
abated in the manner prescribed of public nuisances; and
2. Neither political subdivision shall for the expenditure of its public funds
unless such expenditure shall have ~roved in advance by its governing body.
3. Adopting a new Section 14-8A-3 entitled ' IONS": as follows: For the purposes of this
ordinance, the following definitions the context requires otherwise. In each
case the singular shall include the plural include the singular.
AERIAL NAVIGATION - Tt f an the air.
AIRCRAFT - Any human controlled used or signed for carrying humans in flight
through the air, but not includin
AIRPORT- The Iowa City MuniciF Airport
AIRPORT COMMISSION - The City Municipal Airport or its duly appointed
representative.
AIRPORT ELEVATION -- 684-fe~
AIRPORT HAZARD -- Any or tree, or use of land, would exceed the Federal
obstruction standards as in 14 CFR FAR, Part 77, and ch obstructs or is otherwise
hazardous to the of any aircraft at the Airport, hazardous to persons or
property on the ground. A , structure or tree that the Federal
or to :1.
AIRPORT - Any area of land or water upon which a hazard might be
established if not prevented as provided by this ordinance.
AIRPORT ZONING MAP -- The Iowa City Municipal Airport Zoning Map, 25, 2002,
and as thereafter amended by ordinance, which Map is adopted by this and which Map
is on file in the Office of the City Clerk, Iowa City, Iowa.
BUILDING OFFICIAL - The Building Official of Iowa City, Iowa, or a duly authorized designee
thereof.
CITY -- The City of Iowa City, Iowa.
COUNTY -- Johnson County, Iowa.
FEDERAL AVIATION ADMINISTRATION (FAA) An agency of the United States Government that
administers the Federal regulations that relate to the use and flight of aircraft, and related
regulations. The location of the controlling FAA office may be found in Appendix 1 of this
ordinance.
INNER EDGE That edge of any zone that is closest to the runway end to which the zone applies.
The is perpendicular to the runway centerline. The elevation of each inner edge is the
same as the of the runway threshold to which it applies, and which is depicted on the
Airport Zoning dated March 25, 2002, and as thereafter amended by ordinance, which Map
is ado and which Map n the Office of the City Clerk, Iowa City,
Iowa.
MSL - Altitude sea level.
NOTICE OF PROPOSED - A requirement of 14 CFR Ch. 1. Part
77, providing for any kind or alteration of the type described
in the section to provide tion. A copy of Part 77 may be found in
Appendix III of this
NON-COMPATIBLE USE ' that would de ~le on the ground, or
occupants of aircraft in flight, ading to, storage of hazardous materials, above
ground storage of flammable Ii, in excess of 6 gallons, and those that lead to an assembly
of people, including, but not theaters, churches, schools, athletic fields,
camp grounds, hospitals, office : centers, hotels and motels, and other uses
with similar concentrations of persons.
NON-CONFORMING STRUCTURE - An, )r portion of any structure that is located within
or underlying any of the zones created by and that does not conform to the height
and/or use provisions of this ordinance.
OBSTRUCTION - Any structure or tree, the of which exceeds that which is allowed by this
ordinance.
PERSON - Any individual, firm, company, association, joint stock
association, or body politic, and includ~ any assignee or other similar representative
thereof.
RUNWAY THRESHOLD - A designated on any : runway that establishes the end of the
runway. The Runway Threshold may may not corres of the paved portion of
the runway.
STRUCTURE - Any object, whether or temporary, y or mobile, constructed or
installed by humans, including bc limited to; buildin towers, smokestacks, scaffolds,
lighting fixtures, public and roads, railways, and lines, including
poles or other structures su the same.
TREE Any object of natural
ZONING ADMINiSTi~ATOR - Th Zoning Administrator of Johns County, Iowa, or a duly
authorized designee thereof.
4. Adopting a new Section "AIRPORT ZONES": In order to carry out
the provisions of this sectio~ are hereby created and established certain zones which are
adopted and described and which are depicted on the Iowa City Airport Zoning Map,
dated March 25, 2002, thereafter amended by ordinance, which Map is adopted by this
Ordinance and which Map is on file in the Office of the City Clerk, Iowa City, Iowa. Any
structure or tree located in more than one zone is considered to be only in the zone with the more
restrictive height and use limitation. The various zones hereby established and defined are as
follows.
A. Approach Overlay Zone- (AO) Defined. The airspace above a sloping plane extending
outward from each end of each runway, rising uniformly at a fixed ratio, and of fixed size,
through which aimraft commonly operate when arriving at, and departing from, the Airport. AO
zones vary in size and slope based upon the present or future use that can be expected for each
Airport runway. The AO Zones at the Airport are as follows:
1. Runway 25\ - Beginning 200 feet beyond ' threshold to the northeast, and
centered on extended centerline of the runway, the edge of the zone is 1,000 feet
wide. uniformly to an outer edge width of 1 000 feet. The altitude of the inner
edge is the as the altitude of the runway threshold the centerline, as depicted on the
Airport Zonin For each 50 feet of horizontal the floor of the zone rises from
the inner ed (50:1) for a horizontal distance 000 feet, and then rising, for
each 40 feet of hori2 distance, one foot (40:1.) for a additional distance of 40,000 feet.
2. Runway 7 (AO7) - Be ling 200 feet beyond portion at the end of the runway and
centered on the nterline of the runway, inner edge of the zone is 1,000 feet
wide, expanding uniforml' an outer edge width 1,500 feet. The altitude of the inner
edge is the same as the of the runway thre: at the centerline, as depicted on the
Airport Zoning Map. For the floor of the zone rises from
the inner edge one foot (~ inuing for horizontal distance of 5,000 feet.
3. Runway 30 (AO30) - Beginning the threshold at the southeast end of the
runway and centered on the of the runway, the inner edge of the zone is
500 feet wide, expanding uniformly to e width of 3,500 feet. The altitude of the
inner edge is the same as the altitude , threshold at the centerline, as depicted on
the Airport Zoning Ma[ ' horizontal distance, the floor of the zone rises
from the inner edge one foot (34:1), for ~orizontal distance of 10,000 feet.
4. Runway 12 (AOI2) - Beginning portion at the end of the runway
and centered on the extended of the the inner edge of the zone is 500 feet
wide, expanding uniformly to an edge 1,500 feet. The altitude of the inner
edge is the same as the at the centerline, as depicted on the
Airport Zoning Map. the floor of the zone rises from
the inner edge one foot (20:1), for a total of 5,000 feet.
5. Runway 36 (AO36) - Beginning ~0 feet at the south end of the
runway and centered on the of the the inner edge of the zone is
500 feet wide, expanding to an outer edge width of 500 feet. The altitude of the
inner edge is the same as th of the runway threshold al centerline, as depicted on
the Airport Zoning Map. For 34 feet of horizontal distance of the zone rises
from the inner edge one foot for a total horizontal distance 10,000 feet.
6. Runway 18 (AO18) - Begil 200 feet beyond the threshold at the of the runway
and centered on the of the runway, the inner ed is 500 feet
wide, to an outer edge width of 1,500 feet. ~ of the inner
edge is the same as ide of the runway threshold at the centerline, as depicted on the
Airport Zoning )f horizontal distance, the floor of the zone rises from
the inner edge (20:1), continuing for a total horizontal distance of 5,000 feet.
7. Height Limitations:
a. Except as otherwise provided herein, no person shall construct or alter any structure, nor
plant or grow any tree, so as to penetrate any Approach Overlay Zone created herein.
b. No person establish or maintain any private roadway in any location that would result
in penetration ~ AO zone by any portion of any vehicle that shall be permitted to operate
B. Controlled Defined. An area of size, underlying the innermost
portion ( end) of the AO zone for way, descending from the floor of
the AO zone to the and length of CA zones vary, and may be different on
each runway es for the Airport are as follows:
1. Runway 25 ing the innermost 1,700 feet northeast end
of the runway, the width ' the CA zone is 1,000 at the inner edge and expands
uniformly to a width of 1 et
2. Runway 7 (CA7)- Underlying 1 innermost zone at the southwest end
of the runway, the width of the zone is 500 feet ge and expands uniformly
to a width of 1010 feet.
3. Runway 30 (CA30) - Underlying 000 feet of the AO zone at the southeast
end of the runway, the width is 500 feet at the inner edge, expanding
uniformly to a width of 700 feet.
4. Runway 12 (CA12) - Underlying the 1,000 feet of the AO zone at the northwest
end of the runway, the width of the CA is 500 feet at the inner edge, expanding
uniformly to a width of 700 feet. ,
5. Runway 36 (CA36) - Underlying the into feet of the AO zone at the south end of
the runway, the width of each CA zone i ge, expanding uniformly to a
width of 450 feet.
6. Runway 18 (CA18) - Underlying the nermost of the AO zone at the north end of
the runway, the width of the CA zon feet expanding uniformly to a
width of 450 feet.
7. Use Limitations:
a. No person shall establish or intain any use in any Controlled Activity
Zone.
structures, other than aj{port structures, the location rich is dictated by function,
b.
No
either permanent or tempora)/y, shall be permitted in any p of any Controlled Activity
Zone on land that is the pr?tperty of the City of Iowa City, County, or The State of
Iowa. /
/
C. Horizontal Overlay Zone (HO) Defined The airspace above a hg plane, the perimeter
of which is established by swinging arcs of 10,000 foot radii from the e of
the AO zones of runways 25, 30, and 36, and an arc of 5,000 foot radius ~from the center of the
inner edge of the AO zone of runway 12, 7, and 18, and connecting the adjacent arcs by lines
tangent to those arcs. The floor of the HO zone is 150 FT above the Airport elevation, or 834 feet
above mean sea level.
1. Height Limitation:
Except as otherwise provided herein, no person shall construct or alter any structure, or plant
or grow any tree, so as to penetrate the Horizontal Overlay zone created herein.
D. Transitional Overlay Zone (TO) Defined The airspace above a sloping plane along each side
of each and fi'om the sides of each AO zone. For each 7 feet horizontally the floor of the
zone of I foot of elevation (7:1) The TO zones for the Airport are as follows:
1. Runway (TO25) - Along each side of the runway, t from the
~the runway and at right angles to the , center line, and from each side of
the AO the northeast end of the runway, at ri~ extended runway center
line. The TO interrupted at the point where ntersects the HO zone, and resumes at
the outer ed the CO zone (see Section III, below) and continues outward at right
angles to center line, for a dis of 5,000-feet from the outer edge of
the AO zone.
2. Runway 7 (TO7) - each side beginning at a point 500 feet from the
center line of the at right angles runway center line, and from each side of
the AO zone at the northw, end of the at right angles to the extended runway
center line. The TO zone ends zone.
3. Runway 30/12 (TO30/12' .fthe runway, beginning at a point 250 feet from
the center line of the runway les to the runway center line, and from each side
of the AO zone at eac at right angles to the extended runway center line.
The TO zone ends at the point where it i zone.
4. Runway 36/18 (TO36/18) - Alont runway, beginning at a poiut 250 feet from
the center line of the runway to the runway center line, and from each side
of the AO zone at each end of the extended runway center line.
The TO zone ends at the zone.
5. Height Limitations:
a. Except as otherwise no person ~all construct or alter any structure, or
plant or grow any tree, so as to any y zone created herein.
b. No person shall maintain any private in any location that would
result in penetration of any ~ y zone by y portion of any vebicle that shall
be permitted to such roadway.
E. Conical Overla~ Defined The airspace above a sic plane beginningat
the periphery of the HO zor For each 20 feet horizontall he zone rises one foot in
height (20:1) for distance of 4,000 feet.
l. Height Limitations: ,
Except as otherwise' provided herein, no person shall construct o~ structure, or plant
or grow any tree, so as to penetrate the Conical Overlay zone create herein.
5. Adopting a new Section 14-8A-5 entitled "GENERAL ZONING REGULATIONS" as follows:
A. Except as otherwise provided herein, no person shall construct or alter any structure in any
zone created herein without having first obtained a building permit from the Building Official, or
a Zoning Permit from the Zoning Administrator. No person shall be issued a permit for any
construction or alteration in any AO, CA, or TO zone, without a determination or finding from
the FAA, pursuant to the submission of an applicable Notice of Proposed Construction or
Alteration. (See Section 14-8A-6, below.) Such finding or determination must not find or
determine that the proposed construction or alteration:
1. Would create a hazard.
2. Would endanger the general safety, health and welfare of persons in the vicinity of the
Airport, or occupants of aircraft in flight.
3. in the raising of the minimum instrument flight altitude of any Federal Airway,
off-airway route, or instrument a Airport.
B. Exce herein, no change in use or occupancy of land, or change of
use or occu in an existing building or in created herein shall be made, nor
shall any filding be occupied until an pancy permit has been issued by the
Building Official Zoning permit obtained for a specific use
shall : use.
C. No ' non-compatible use in any CA zone.
D. No person shall, e roadway in any location that would result in
penetration of an~ vehicle that shall be permitted to
operate upon such roadway.
E. Within 5.000-feet of the nearest nearest Airport runway, no person shall establish
or maintain any structure or use that we create a bird strike hazard.
F. Notwithstanding any other provision ordinance, no person shall, in any zone created
by this ordinance, or upon any land c derlying such zones:
1. Establish any [ 11.
2. Create, alter, or maintain use in manner as to create electrical or radio
interference with aviation navi nals tions.
3. Install, alig ult for pilots to distinguish between
airport lights and others, glare in the eyes of pilots, · otherwise impair visibility.
4. Produce steam, smoke, or )uld im visibility.
5. Create, alter, or structure or use that would or interfere with landing,
aircraft.
6. Plant, or allow the of, any tree, which, during the normal cycle of such tree, can
be expected to grow into any zone created herein.
6. Adopting a new Section 14-8A-6 entitled "LIGHTING AND MARKING" as follows':
A. Notwithstanding any other provision of this ordinance, any person constructing or altering any
structure located in any zone created by this ordinance shall install all lightin~ Or markings upon
said structure as shall be recommended by the FAA as a part of its review~of the applicant's
Notice of Proposed Construction or Alteration. Such lighting or markings shall be made in a
manner consistent with FAA RegulatiOns and Advisories.
B. Any per,nit or variance granted under the provisions of this ordinance may be so conditioned so
as to require the owner of the land, structure, or tree in question to permit the City or County to
install, and/or operate and maintain such lighting and/or markings as the City or County deems
necessary to indicate to operators of aircraft the presence of an airport obstruction.
7. Adopting a new Section 14-8A-7, entitled "ADMINISTRAIIVE PROCEDURE"as follows:
A. The Buildin iai or Zoning Administrator shall the administration of these zoning
regulations.
B. Any person who to construct or alter any in or underlying any AO, CA, or TO
zone created herein, is required to provide of Proposed Construction or
Alteration to the of the FAA by require of Part 77, shall furnish to the
Building Official or Zoning copy of said
C. Except as otherwise provided in, the Building ial or Zoning Administrator shall not
issue any building permit or occu y permit without l
l. In any AO, CA, or TO herein, received from the applicant a copy of the
applicable Notice of Proposed o~provided to the FAA, and the
corresponding finding or FAA that the proposed construction or
alteration complies with finance.
2. Having determined that the proposed use i nsistent with the zoning provisions contained
herein.
8. Adopting a new Section 14-8A-8, entitled as follows: No Notice of Proposed
Construction or Alteration is required to be to the Building Official or Zoning
Administrator for a building permit for or structure when the Building
Official or Zoning Administrator has determined tha
A. The proposed structure meets the requi~ for g. Each and all of the following
requirements are required for a of shielding:
1. The property upon which the or alteration ~osed is located within the
congested area of a city.
2.The proposed structure does not Ii Mthin any CA zone.
3.There exists a structure or ~ature at least as tall and at
least as wide as the proposed ~ and which lie(s) location of the proposed
construction or alteration, and on the runway centerline at threshold of the closest
end of the closest runway of
4. The shielding structure ,f the structure that is propo construction or
alteration.
5. It is evident beyond a reasonable doubt that the shielded structure will not adversely affect
aerial navigation.
B. The proposed structure is an antenna that is no greater than 20 feet in height, and does not increase
the height of an existing antenna structure.
C. The proposed structure is an airport, aerial navigation, or meteorological device, of a type
approved by the FAA, the location and height of which is fixed by function.
D. of Proposed Construction or Alteration is required because the proposed structure
~. within 20,000-feet of the nearest point or does not penetrate an
beginning at the nearest ~. nearest runway and at the elevation of the
~old, rising one foot in elevation for 100 feet of horizontal distance (100:1.)
Thi does not apply to structures located in , CA Zone.
E. There exists involving essential services, public health, or pubIic safety,
that requires liate construction that the applicant complies with the
req~ Part 77.17 (d)
9. Adopting a new Section entitled "NoN-CONF as follows:
A. 'fhe regulations prescribed are not and shall not be construed to require the
removal of any tree, or the or ~ or the discontinuation of any use of any
structure made non-conformin ~ the adopti rdinance.
B. Nothing contained herein shall change in the construction or alteration, or the
intended use of any structure, the or alteration of which was begun prior to the
effective date of this ordinance, ich was conforming prior to the adoption of this
ordinance, and is completed within one
C. No pre-existing non-conforming or tree shall be rebuilt, altered, allowed to grow
higher, or be replanted, so as to :port hazard than it was at the time that
these regulations were adopted.
D. Whenever the Building Official Zoning finistrator determines that a non-conforming
structure has been abandoned, damaged, or decayed, to such
an extent that its value in no :r that 50% e value of the structure and the land
over the preceding ten (I0) no building or occupancy permit shall be issued that
would allow such structure to Pt and use provisions of this ordinance.
Any tree so damaged or shall be subject to ' ions of SECTION 14-8A-5F(6).,
of this ordinance.
E. Not withstanding the provisions of this owner of any pre-existing non-
conforming structure or tre shall be required to permit ,peration, or maintenance
thereon of any markers lights as shall be deemed the City or County to
indicate to the iircraft, the e or tree.
10. Adopting a new Section 14-8 -10, entitled "AIRPORT ZONING [ISSION" as follows: Pursuant to
the provisions of Section 329.9, 'the Iowa Code, there shall be a Iowa City Municipal Airport Zoning
Commission, consisting of five,{5) members, two (2) of whom shall be app6~nted by the City of Iowa
C ty, two (2) ofw ~om sha be'appo nted by the Board of Superv sors of Johi~son County, and one
additional member whom shall be selected by a majority vote of the City and County appointed members,
and who shall serve as Chairperson of said commission. The terms of such members shall be as provided
by Section 329.9 of the Iowa Code.
11. Adopting a new Section 14-8A-11, entitled "AIRPORT ZONING BOARD OF ADJUSTMENT" as follows:
Pursuant to the provisions of Section 329.12 of the Iowa Code, there shall be an Iowa City Municipal
Airport Zoning Board of Adjustment, consisting of five (5) members, two (2) of whom shall be appointed
by the City of Iowa City, two (2) of whom shall be appointed by the Board of Supervisors of Johnson
County, and one additii>nal member whom shall be selected by a majority vote of the City and County
appointed members, and who shall id Board. The terms of such members shall
be as provided by Section 329.12 of the Iowa Code. The Board of Adjustment shall have
the duties and powers established by the Iowa Code.
12. Ado: 14-8A- 12, entitled, follows:
A. lrrence of a majority vote, the : Zoning Board of Adjustment (the Board)
a written determination from the reverse any order, requirement, decision
or of any administrative official and 5' modify the provisions of this ordinance in
favor of an a
1. Any height or limitations contained in thi: >rdinance that is modified by the Board shall
to any aircraft in flight.
2. No use of land shall with airport operations.
B. Any application for a ' ' s of this ordinance shall include as a part
thereof, the written ,ertaining to the application, and no application
shall be set for hearing by the ,sence of such FAA determination.
13. Adopting a new Section 14-8A-11 ARIANCES", as follows:
A. Any person desiring to construct or any structure, or permit the growth of any tree, or
otherwise use propert5 ~id constitute a violation of this ordinance, may apply
to the Board for a variance from th The Board shall consider no application for a
variance to the requirements of this copy of the application has been submitted
to the Airport Commission opinion to the aeronautical effects of such a variance, if
the Airport Commission fails to/~== to the forty-five (45) days from its receipt
of the copy of the application~/the Board may its decision in the absence of the Airport
Commission opinion. Such ~/ariances may be by the Board only where the literaI
application of these regulatiens would result in hardship, and are subject to the
following: /
1. Such variance would n~t be contrary to the public ',st.
2. Such variance wouldfie in the spirit of this o~ 329 of the Iowa Code.
1
3. Such variance shall )be granted subject to any Board may deem
necessary to effecttfate the purposes oft !hapter 329 of the Iowa Code.
4. Such variance be subject to the requirement that the applicant shall install, operate, and
maintain such markings and lighting, at the applicant's own expense, as may be necessary to
indicate to aircraft operators the existence of an airport obstruction as determined by the
Board.
Such variance shall be subject to the reservation of the right of the City and the Airport, to go
onto applicant's property to install, operate, and maintain thereon such FAA approved
markers and lights as may be necessary to indicate to operators of aircraft the existence of an
irport obstruction.
B. Any aggrieved or affected by any decisio of the Airport Zoning Board of Adjustment
may such decision, pursuant to the provisio of the Iowa Code.
14. Adopting a Section 14-8A-14, entitled, as follows: Enforcement of the
provisions inance shall be the responsibility ger or such persons as the City
Manager shall, from to time direct. However such I >n shall not
include an delegated to the :Zoning Board of Adjustment.
15. Adopting a new 14-8A-15, entitled, ITABLE REMEDIES", as follows: The City or the
Airport may, pursuant to ion 329.5 of the maintain an action in equity to restrain and
abate as a establishment or aintenance of an airport hazard, in violation of any
provisioa established by any whether within or without the territorial limits of
the City.
16. Adopting a new Section "PROHIBITED ACTS", as follows: Except as herein
provided, it shall be unlawful for any construct or alter any structure, use any land, or grow any
tree in violation of the provisions of this
17. Adopting a new Section 14-8A-17 ed, "PENALTIES", as follows: Each violation of these
regulations shall constitute a misdemean, perpetrator thereof, upon conviction, shall be punished
by a fine not to exceed $500 or by the county jail for not more than 30 days, or both.
Each day a violation occurs or continue constitute a separate offense.
18. Adopting a new Section 14-8A-18 REGULATIONS", as follows: In the event
of any conflict between regulations ct tained in this, nce and any other regulations applicable to the
use of structures or land, or
any other ma~er, the more stringent mitation or req
SECTION II: REPEALER. Ail ordi and parts of the City of Iowa City that are in
conflict with any provision of this
SECTION III: SEVERABILITY. section, provision, or shall be adjudged to be
invalid or unconstitutional of this Ordinance as a whole, nor
an3' section, provision or part tl~ereof not adjudged invalid
SECTION IV: EFFECTIVE DATE. This ordinance shall be in effect after its final passage,
approval and publication, as provided by law.
Passed and approved this day of ,2002.
MAYOR
ATTEST:
CITY CLERK
Al~r~ucdby /
APPENDIX I
The controlling Federal authority for the Iowa £ is:
Federal Aviation Administration, Central Re
Office of the Manager, Airports Division
901 Locust
Kansas City, MO 64106-2641
APPENDIX II
Notice of Proposed Construction FAA Form 746 shall be sent to:
Federal Aviation Administration
Manager, Air Traffic Division
901 Locust
Kansas City, MO 64106-2641
S araM anduse/airporffairpor t zoning .' 10-16.doc
AND OBJECTS OF
ZONES I-I~REIN: REFERRI~G
AIRPORT ZONING MAP, AS AMEIvIDED, WHICH I
THIS
PROVIDING FOR ENFORCEMENT:
This ordinance is adopted the authority conferred upon the and the Johnson
County Board of Supervisors by provisions of Chapter 329 the Iowa Code, granted to
municipalities, ~f hazards and i uses in the vicinity of
airports by establishing Airport Zoning t It is hereby
1. The Government of the United States itself the sole authority to regulate
the operation and control of aircrat~ in and has c~u'taln federal regulations for the
purpose of protecting the health, and general of persons on the ground and of
occupants of aircraft in flight, and the ' of those
2. The health, occupants of the City of Iowa City, Iowa,
and Johnson County, Iowa, and the users City Municipal Airport, depend upon the
knowledge of, and adherence to. have been enacted.
3. Obstructions in the pathway of aircraft, in and certain uses of the land underlying those
pathways constitute a hazard to the health, [ general welfare of the occupants and users of
the land, and to the property of said occupants The creation, establishment or maintenance
of such hazards is a public nuisance people of the City of Iowa City, and Johnson
County.
4. Failure to adhere to the established o.f the airspace and land in the
vicinity of the Iowa City Municipal could ' iestroy the utility of the Airport and the
public investment therein.
Accordingly it is declared that: /
1. The prevention of obstmctious ar)Il non-compatible land uses should be accomplished, to the extent
legally possible, by proper exerc~e of the police power, without co~npensation.
/
2. The mitigation of non-.compat'~le uses and hazards to safe air mvil~tion by prevention, removal, or
alteration, or the. marking art~lighting of obstructions are public purl~ses for which the City of Iowa
city, and Joh ou Cgun!yTy e pend public f ds, acqa , land or int e land.
3. ^ hazar~ created by failpe to comply with the provisions of this ordnance may be abated in the
manner prescrlbecl by 1~ for the abatement o£pubhc nuisances.
/
/
/
/
Howard R, Green Company O:~Proj\176560JV~irpor~ Zoning - iOW. doc Page I of 13
IT IS HEREBY ORDAINED BY the City of Iowa City, and Resolved by the ~tohnnon County Board of'
Supervisors as Follows:
SECTION I: SHORT TITLE:
This orai~iance shall be known and may be cited as "The Iowa City Municipal-Airport
Zoning Ordinance.".
SF, CqlON II: /
For the purposes of this the following defiultions shall apply unless'the context requires
otherwise. In each case plural and the plural shall in, de the singular.
1. AERIAL NAVIGATION- alrf
2. AIRCRAFr designet~for caxrying humans in flight
through the air,.
3. ¢o
4. AIRPORT COIvllvlISSlON - Municipal Ail'po mmi~si0n or its duly appointed
~prasantative.
5. AIRPORT ELEVATION - 684-feet /
6. .~JRPORT I-I~ARD - Any or tree, or use which would exceed the Federal
obstruction 'standards a ~4 and which obstructs or is othorwise
haT-~-dou~ to the landing or the Airpo~ or hazardous to persons or
' property on the ~round. Any Federal Aviation Administration has found,
or determined, t0 be a t~raqrd.
7. AIRPORT HAZARD AREA -- Any area upon which an airport hazard might be
established if not prevented as provided by
8. AIRPORT ZONING MAP -- The Iowa City Zoning Map, as amended, which is
incorporated as a par[ of this ordiI~c~.
9. BUILDING OFFICIAL- The Building City, Iowa, or a duly authorized designee
thcr~o£
10.The city fIowa City, Iowa. /
1 h COUNTY - Jolmson County, Iowa. /
12. FEDERAL AVIATION ADMiNISTRA~/ON (FAA) - An a~ency of the United States Oovexnment that
administers the Federal. regulatjbns that relgte to fl~e 9se and flight of aircraft, and related
regulations. The location of tl~ controlling FAA offi~ may be found in Appendix 1 of this
13. IN~R EDOE - That edge of//aay zone that is closest to th6xrunway end to which the zone applies.
The inner edge is perpend~6ular to the nmway centerline~t~on of each inner edge is the_
same as the elevation as/the nmway threshold to which it ~pplias, and which is depicted on the
Airpoxt Zoning Map, as/6mended.
14.MSL- Altitude above, heart sea level.
15. NOTICE O? PROPOSEIfl CONSTRUCTION OR ALTERATION - A ~luiromant of 14 CFR Ch. 1~ Part
77, providing for persons who propose any kind of constructien~r alteration of the type described
in the section to p~ovide notice to the FAA of such action. A c~)py of Part 77 may be found in
Appendix III of tl~s ordinance.
16. NON-COIVI?ATIBLE USE - Any activity that would degrade the safety of people on the ground, or
occupants of aircraft in flight, including but not limited to, storage of hazardous materials, above
Howard R. Green Company O:h°m]\176560,lLMrport Zoning - IOW.doc Page 2 of 13
ground arum,~~,,I~~~~--~ ~---~ ~-~ ~and those that lead to an assembly
storage of fl able ,~,~,,~ ~, ~,,~oo ,,, v60 gallons,
of people, including, but not limited to, residences, theaters, church~s, schools, athletic fields,
camp gro .unds, hospitals, office buildings, shopping centers, hotels and motels, and other uses
with ~imilar concentrations of persons.
17. Any structure or portion of any stmctare that is located within
any of the zones Created by this ordinance and I to the height
18. ' structure or tree, the height of which is allowed by this
19. PERSON - individnal, firm, co-partnership~ company, association, joint stock
association, body politic, and includes any or other similar representative
thereof.
20.· ' that establishes the end of the
runway. Threshold may or may not the end of the paved portion of
the runway.
21. STRUCTLmE - An, ',ct, whether permanent stationary or mobile, constructed or
· installed by but not buildings, towers, smokestacks, scaffolds,
lighting fLxtures, and overhead transmission lines, including
poles or other s
22. TREE - An,
growth. , /
23. ZONING ADMINISTRATOR- Zonin~t Administrator of Johnson County, Iowa~ or a duly
authorized designee thereof.
/
SECTION 1]][: AIRPORT ZONES ~ /
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In order to carry out the provisions of this s~:tion there are hereby created and established certa/n zones
which are described herein and depicted on~a~ Iowa City Airport Zoning 1M[ap, which is hereby made a
part of this ordinance. Any structure or tree/locked in more than one zone is considered to be only in the
zone with the more restrictive height and ul/e linn~{ttion. The various zones hereby established and defined
are as follows. / x~
A. Th~ ' a sloping plane extending outward
at a fixed ratio, and of fixed size, through which
aircraft commonly departing from, _the Airport. AO zones vary in
size and slope based ~ that can be expected for each Airport runway.
t. Runway 25 (AO25). runway threshold to the northeast, and
centered ~ the inner edge of the zone is 1,000 feet
wide, expanding feet. The altitude of the inner
edtze is the same ~ ~enterline, as depicted on the
the floor of the zone rises from
the inner edge and then rising, for
each 40 feet oC distance of 40,000 feet.
2. 200 feet beyond the paved per'on at the end of the runway and
centered on l~rli~ te of the runway, the inner ~dge of the zone is 1,000 feet
wide, uniformly to an outer edge width of 1,500 f~et. The altitude of the inner
edge as the altitude of the runway threshold at the c~{nterline, as depicted on the
Howard R. Green CoF~'pany O:~Progl76S60J~rport Zoning - IOW.doc Page 3 of 13
Zoning Map. For each ~v ,~, ,,,,~,,,,.~on 'o~,~ce, e eot ,,fac zone rises from
the inner edge one foot (20:1), continuing for a total horizontal distance of $,000 feet.
3..Runway 30 (AO30) - Beginning 200 feet beyond the threshold at the southeast end of the
and centered on thc extended eenterline of the ' the inner edge of the zone is
feet wide, expanding uniformly to aa oufer edge width The altitude of the
altitude centerLine,- as depicted on
Zoning Map. For each 34 feet of horizontal the floor of the zone rises
one foot (34:1), 0,000 feet.
4. AO12) - Beginning at the end of the runway
and ,n the extended centerlinc, [he inner edge of the zone is 500 feet
wide uniformly to an outer of 1,500 feet. The altitude of the inner
edg, as the altitude of the runway I ~, as depicted on the
Map. For each 20 feet the floor of the zone rises fi:om
thc foot (20:1), continuing for 5,000 feet.
5. Runway 36 (AO Beginning 200 feet the paved portion at thc south end of the
runway and the inner edge of thc zone is
500 feet wide, uniformly to outer edge width of 3,500 feet. The altitude of the
inficr edge is the same the e runway threshold at the eenterline, as depicted on
the Airport · each 34 of the floor of the zone rises
feet.
6. beyond the threshold at the north end of the runway
the runway, the inner edge of the zone is 500 feet
wide, expanding uniformly to outer edge width of 1,500 feet. The altitude of thc inner
edge is the same as the ~e runway threshold at the eenterline,.as depicted on the
Airport Zoning Map. For ;t of horizontal distance, tl~e floor of the zone rises from
the ruer edge one foot (20:1 for a total horizontal dismce of 5,000 feet.
Height Limitations:
1. Except as otherwise shall conslruct or alter any stmeture, nor
plant or grow ' Approach Overlay Zone created herein.
2. No or maintain any pri~te roadway in any location that would
.penetration of any zone by any portion of~y vehicle that shall be permitted to operate
upon such roadway.
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B. Controlled Activit~ Defined_. An area offi~d size, underlying the innermost portion
of the AO zone for that runv~y, descending fi:om the floor of the AO_
zone to the ground, width and length of CA zones rn~y vary, and may be different on each
runway end. The zones for the Airport are as follows: \
\
1. Runway 25 Underlying thc mermost 1,700 feet~fthe AO zone at the northeast end
of 'the width of the CA zone is 1,000 feet\at the inner edge and expands
uniformly 1 width of 1,510 feet
Howard R. Greeh Company O:\Proj~176560J~Airport Zoning -POW. doc Page 4 of 13
2. Runway 7 (CA7)- Und , 0 feet o the AO zone at the southwest end
of thc runway, the width of the CA zone is 500 feet at the inner edge and expands uniformly
to a width of 1010 feet.
3. Runways30 (CA30) - Underlying the innermost 1,000 feet of the AO zone at the;~outheast
end of th~ rtmway, the width of the CA zone is 500 feet at the inner edge~,~xpanding
uniformly ~X,a width of 700 feet.
x
/
4. Runway 12 the1,000 feet of the ^O the
end of the runwa~x the width of the CA zone is 500 feet at the ix~edge, expanding
tmif°m~ly t° a widthXg~700 feet'
5. Runway 36 (CA36) - Ufl~erlyiag the innermost 1,000 feet of the AJ3(zone at the south end of
the nmway, the width of e~h CA zone is 250 feet at the inner edit, expanding uniformly to a
width of 450 feet, . ~
Runway 18 (CA18) - Underlyin~ the innermost 1,000 feet/6f the AO zone at the north end of
6. the runway, the width of the CA ~one is 250 feet at the.i~ner edge, expanding uniformly to
width of 450 feet.
/
/
\ /
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U_be Limitations '
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1. No person shall establish or maintain any non~/~mpa~ble use in any Controlled Activity Zone.
2, No structures, other than airport structures,/flae l~eation of which is dictated bY function, either
permanent or temporary; shall be permit~ in an~ portion of any. Controlled Activity Zone on
land that is the property of the City of I~a City, Jol~on County, or The State of Iowa..
/
C. Horizontal Overlay Zone (HO) De,~fied The airspace ~bove a horizontal plane, the perimeter of
which is established by swinging ~cs of 10,000 foot ra~ from the center of the inner edge of the
AO zones of runways 25, 30, a~ 36, and an arc of 5,000~oot radius from the center of the inner
edge of the AO zone of nmwaj/12, 7, and 18, and conneet~g the adjacent arcs by lines tangent to
those arcs. The floor of thefirIO zone is 150 FT above the~irport elevation, or 834 feet above
meau sea level. /
Height Limitation: // '
Except a~ otherwise prov~ed herein, no p~rson shall construct or alte~ any structure, or plant or grow
any tree, so as to pon~r~e the Horizontal Overlay zone created herein.~
/
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D. Transitional Ov~lay Zone (TO) Defined The airspace above a slol~ag plane along each side of
each ranw~v. ~nd from the sides of each AO zone. For each 7 feet t~orizontall¥ the floor of the
zone ale of,e ation zone. the
/
1. Runway 25 (TO25) - Along each side of the runway, beginning at a~point 500 feet from the
center line of the nmway and at right angles to the nmway Center line,~and from each side of
the AO zone at the northeast end of the nmway, at right angles to the e~ended nmway center
line. The TO zone is interrupted at the point wh~re it intersects the HO ~one, and resumes
the outer edge of the CO zone (see Section I~, E, below) and continues outward at fight
angles to the extended nmway center line, for a distance of 5.D00-feet from the outer edge of
the AO zone.
Howard R. Green Company O:~PmjM 76560Ll~i~port Zoning - IOW.doc Page 5 of 13
2. Runway 7 (TO7) - Along each side of the runway, beginning at a point 500 feet from the
center line of the runway and at right angles to the runway ~enter line, and from each side of
the AO zone at the northwest end of the runway, at fight angles to the extended runway
center line. The TO zone ends at the'
3. point 250 feet from
of the runway and and fzom each side
at each end of the runway at right angles to i , center line.
4. - Along point 250 feet fi-om
runway and at right angles to thc r center line, and from each side
at end of , center line.
The TO zone.
Height Limitations:
1. Except as otherwise I herein, no structure, or plant
or grow any tree, so as to ~ zone created hereim
2. No person , location that would result in
penetration of any Transitional by any portion of any vehicle that shall be
permitted to ~
E. Conical Overlay Zone (CO) above a sloped horizontal plane beginning at
the periphery of the HO zone. For the floor of the zone rises one foot in
height (20:1 ) feet.
Height Limitations:
Except as otherwise ' structure, or plant or grow
any tree, so as to'
SECTION 1~:
A. Except as otherwise no pemon shall c or alter any structure in any zone
created h~rein without first obtained Building Official, or a
Zoning Administralor. No be issued a for any
construction or in ~ny AO, CA, or TO zone, finding from
the FAA, pursuant of an applicable 'of Proposed Construction or
Alteration. Such finding or must not find or determine
1. Would
2. Would the general safety, health and welfare of in the vicinity of the
occupants of aircraft in flight.
3. the raising of the ' ' ~ of any Federal Airway,
approved off-airway route, or instrument approach procedure
Howard R. Green Company OSPmj\176560J~i~ort Zoning - IOW. doc Page 6 of 13
B. Except as otherwise p vi ccupaney of land, or change of use
or occupancy in an existing building or in any zone created herein shall be made, nor Shall any
new building be occupied until an occupancy permit has been issued by the Building Official or
Zoning Administrator. No occupancy permit obtained for a specific use shall apply to any other
use.
C, No person shall be issued an occupancy permit for any non~compatible use in any CA zone.
D, No person estabrash or maintain any location that would result in
penetration zone created herein by any portion of any ~ that shall be permitted to
E. Within e nearest point of the n~arest Airport person shall establish or
maintain any structure use that would create a bird strike
F. NotwithstandinI ' ' of this ~ person shall, in any zone created by
this ordinance, or u :ones:
2. Create, alter, or maintain an' such a manner as to create electrical or radio
interference With or aircraft communications.
3. Install, align or use any lighting pilots to distinguish between
airport lights and others, create eyes of pilots, or otherwise impair visibility.
4. Produce steam, smoke,
5. Create, alter, or maintain any endanger or interfere with landing,
takeoff or maneuvering of any a ~
6. Plant, or allow the growth during the normal life cycle of such tree, can
be expected to
A. Notwithstanding any any persdn constructing or altering any
structure located in any all lighting or markings upon
said sumemm as shall by the FAA t part of its review of the applicant's
Notice of Proposed ( or Alteration. Such li or markings shall be made in a
/
Any permit or v~fiance granted under the provisions of 7 be so conditioned so
as to require tl~ owner of the land, structure, or tree in ~ or County to
install, and/jif operate and maintain such lighting and/or the City or County deems
necessar~o indicate to operators of aircraft the obstmcti0n.
Howard R. Omen Company O:\Proj\176§60J~irport Zoning - IOW.doc Page 7 of 13
SECTION VI: ADMmUS~I~.ATIVE PROCEDURE
A. The Building Official or Zoning Administrator shah perform the administration .of these zoning
regulations.
B. Any person who proposes to construct or alter any structure in or underlying any AO, CA, or TO
zone created herein, and who is required to provide l~otiee of Proposed Construction or
~ the Administrator of the FAA by requirements of Part 77, shall furnish to the
Administrator, a copy of said notice.
C. Except as provided herein, the Building Official Zoning Administrator shall not
issue an~ permit without first:
1. In any AO, CA, created herein ,pplieant a copy of the
applicable ! and the
corresponding or dct¢l~;nation fi.om the that the proposed construction or
2. Having determined that with, tt/e zoning provisions contained
herein.
D. EXCEPTIONS:
be submitted to the FAA or to
the Building Official or Zoning for construction or alteration
of any structure when the Building Zoning Administrator has determined that:
1. The proposed structure meets for shielding. Each and all of the
a determination of shielding.
a. The property upon or alteration is proposed is located
within the congested
b. The 7 CA zone.
c. There exists or structures ! a permanent and substanlial nature at
least as tall least as wide as proposed structure, and whJhh he(s)
, and a point on the
of the closest runway of the
, port.
d. The structure is within 500 feet is proposed for
a or alteration.
e. It is beyond a reasonable doubt that shielded structure will not
affect aerial navigation.
2. The that is no in height, and does not
tt of an existing antenna structure.
Howard R. Green Company O:~'roJ\l?6560d~rPort ~oning - IOW. doc Page 8 of 13
3. The proposed structure is an ah-pon, aeri navigation, or meteorological device, of a type
approved by the FAA, the location and height of which is fixed by ftmction~
4. No l~tice of Proposed Construction or Alteration is required because the proposed
structu~does not lie w/thin 20,000-feet of the nearest point of~the nearest ruaway, or
does not ~/0xenetrate an imaginary surface, beginning at the ne~st point of the nearest
runway andx~t the elevation of the runway threshold, rising on~ foot in elevation for each
100 feet of h~rizontal distance (100:1.) This exception dj~es not apply to structures
. located ~ any ~onc. /
5. There exists an em~{gency, involving essential public ~ervices, public health, or public
s?fety, that requires Ts[nmediate construction or alter~on, providing that the applicant
complies with the ~u~entsx of 14 CFR FAR, Part//77A7 (d) (See Appendix m).
\
SECTION VII: NON-CONFORM1TrES \ /
A. The regulations prescribed herein are shall not be construed to require the
removal of any tree, or the discontinuation of any use of any
structure made non-conforming
B. Nothing contained herein shall require any in the construction or alteratiom or the
intended use of any structure, the or alteration of which was begun prior to the
effective date of this ordinance, and conforming prior to the adoption of this
ordinance, and is completed within one
C. No pre-existiug non-conforming shall be rebuilt, altered, allowed to grow
higher, or be replanted, so as to it was at the time that
these regulations were adopted.
D. Whenever the Building Official determines that a non-conforming
structure has damaged, or decayed, to such
an extent that its value in no structure and the land
over the preceding no building permit or shall be issued that
pplicable height and ~e provisions of this ordinance.
AnyW°Uld allow such structure to be subject to the provisi0Cs of SECTION IV, C., 6., of
this ordinance.
E. Not withstanding the previous provisions of this section the owner~of any pre-existing non-
conforming structure or ~ shall be req ed to permit the installation, 6peration, or maintenance
th~r~nn nf any marlrer~ and/or lights as ~hall be deemed necessary by,the City or County to
indicate to the operators of aircraft, the presence of such structure or tre~ \
SECTION VIII: AIRPORT ZONING COMMISSION ~
Pursuant to the provisions of Section 329.9 of the Iowa Code, there shall be a Iowa ~ity Municipal
Airport Zonillg Commission, consisti~tg of five (5) members, two (2) of whom shall be appointed by the
City of Iowa City, two (2) of whom shall be appointed by the Board of SuperVaSors of Johnson County,
and one additional member whom shall be selected by a majority vote of the City and County appointed
Howard R. Green (~ompanlt O:~Prol\~ 76560J~rport Zoning - IOW. doe Page 9 of 13
members, and Who shall serve as Chairperson of said co 'ssion The terms of such members shall be as
provided by~ Section 329.9 of the Iowa Code.
Pursuant t, ' ' of Section 329.12 of the Iowa Code, there an Iowa City Municipal
ustment, consisting of five (5) members, two ( be appointed
by the Cit3 ~ of whom shall be appointed by the Board ohnson
County, and one member whom shM1 b~ selected by a majority ~ of the City and County
shall serve as Chairperson of said Board. The
be as provided by of the Iowa Code. The Airport Zoning 1
the duties and ' the Iowa Code.
SECTION X:
A. With the vote, the Board of Adjustment (the Board)
may, based [ order, requirement, decision
or determination provisions of this ordinance in
I. Any height s modified by the Board shall
not result in a hazard to an,
/
2. No Use of land shall be permitted
B. Any application for a s ' ' of this ordinance shall include as a part
thereof, the written determination of th~ pertaining to the application, and no application
shall be set for hearing by
SECTION XI: VARIANCES
A. Any person desiring to construct any or permit the growth of any tree, or
otherwise use property m a manner ordinance, may apply
to the Board for a variance from regulations, shall consider no application for a
submitted
to the Airport Commission for opinion effects of such a variance. If
the Airport Commission fails respond to the 'Board ~ (45) days from its receipt
of the copy.of the the Board may make the absence of the Airport
Commission opinion, variances may be granted the Board only where the literal'
application of these would rasull ' hardship, and are subject to the
following:
1. Suet ~ to the public interest. ~
2. Such variance w of the Iowa Code.
3. Such variance reasonable conditio~ that the Board may deem
necessary to ¢ purposes of this ordinance and of Chapter 329 of the Iowa Code.
/
Howard R. Green C~f~pany O:\ProjM76560d~Airport Zoning - IOW.doc Page 10 of 13
4. Such variance be subject to the reqmrement that the applicant shall install, operate, and
maintain such markings and lighting, at the applicant's own expense, as may be necessary to
inOicate to aircraft operators the existence of an airport obstruction as determined by the
5. Such vi~.~uce ?all be subject to the reservation of the right of the City and the Airport, to go
onto app~ant s property to install, operate, and maintain thereon such FAA approved
markers an~lxlights as may be necessary to indicate to operators of airc~ft the existence of au
B. Any pemon aggrieve/~or affected by any decision of the Airport Z~/ing Board of Adjustment
may appeal such decisi~pursuant to the provisions of the Iowa Co//~.
/
Enfomement of thc pro~sions ofttu's ordinance shall be the responsij~ility of -- or
such person(s) as the ~ s[~all, from time to time direct. However
sa. ch duties .of e_nforc.em~en.t..andadmiuistrat~n shall not include a~y of the powers herein delegated to the
Airport Zollmg Board o f Adjustm~t. ~
The City or the Airport may, pursuant to Section 32~._5..o~the iowa Code, maintain an action in equity to
restrain and abate as a nuisance the creation, estala~isJ(maent or maintenance of an alrpo~ hazard, in
violation of any provision established by this ordinan~, on any property, whether within or without the
territorial limits of thc City. / ~
smnoN· xrv: 'Rom D ^ers /
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Except as herein provided, it shall be unlawful/or any person t~ construct or alter any structure, use any
land, or grow any tree in violation of the provisions of this ordinate.
s cr oN xv: /
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conviction, shall be punished by a flue/tot to exceed $100 or by impris~ma, ent in the county jail for not
more than 30 days, or both. Each dayfi violation occurs or continues to ~Jst shall constitute a separate
In the event of any cordlict between regulations contained in this ordinance au~ any other regulations
applicable to the same area, wt)6ther the corffiict be with respect to height of stm~teres or trees, use of
structures or land, or any other/matter, the more stringent limitation or requirement sh~ll prevail.
SECTION XVlI: REPEALER /
Howard R. Green Company O:~Proj\1766~0J~,Nrport Zoning - IOW. doc Page 11 of 13
All orclinanceS and parts of ordinances of that are in
SECTION XV~[I:
If any section, provision, or shall be adjudged to be invalid, such shall
not affect the validit5 as a whole, nor any section, provision or
invalid.
SECTION XIX: EI~i~CTIVE DATE
This ordinance shall be in effect {mmediatel, passage by
and publication; as required by law.
APPENDIX I
The cOntrolling Federal authority for the Iowa is:
Office of the Manager, Ainports Division
901 Locust
Kansas City, MO 64106-2641
APPENDIX II
Notice FAA Form 7460-1 shall be sent to:
Federal Aviation Administration
Manager, Air Traffic Division
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