Loading...
HomeMy WebLinkAbout1989-11-21 OrdinanceWHEREAS, the owners of the Ty'n Cee Subdivisions have requested that the name of Dynevor Circle, planed In Ty'n Cas Subdivisions, Pan Three and Five, be changed to Little Creek _ Lane: and WHEREAS, Little Creek Lane is not a name used on any. y other street In Iowa City. ,. NOW,THEREFORE, BE IT ORDAINED BY THE C17Y " COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. NAME CHANGE. That the name of the public -. street, Dynevor Circle, dedicated to the City of Iowa City with the subdivision of Ty'n Cae Subdivisions, Pan Three and Five, . . be changed to Little Creek Lane. SECTION It. RECORDATION. The City Clerk Is hereby authorized and directed to certify a copy of this ordinance to the County Recorder of Johnson. County, Iowa, upon final - passage and publication of this ordinance as provided by law. SECTION III. REPEALER: All ordinances and pans of ordinances In conflict with the provisions of this ordinance are j hereby repealed. SECTION IV. SEVERABILITY: If any section, provision or part 1 I II l ... .. ..� r6n llydlnennn shell M nrlludnM 1n M IrvarW nnmmnNku. ,. i Moved by Balmer, seconded by Ambrisco, that the rule requiring ordinances to be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the first consideration and vote be waived and the second consideration be given at this time. Ayes: Balmer, Courtney, Horowitz, Kubby, Larson, McDonald, Ambrisco. Nays:° None.i..Absent:"'None. f <. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 4 OF THE CODE OF ORDINANCES OF THE CITY OF IOWA CITY, IOWA, ENTITLED "AIRPORTS AND AVIATION," BY REPEALING ARTICLE V THEREOF, ENTITLED "AIRPORT ZONING," AND BY ENACTING IN LIEU THEREOF ARTICLE V, "AIRPORT ZONING," AS AMENDED, WHICH AMENDMENTS PROVIDE FOR THE REARRANGEMENT AND RENUMBERING OF SECTIONS, PROVIDE FOR A REVISED AIRPORT ZONING MAP, PROVIDE FOR PROVISIONAL MODIFICATION OF HEIGHT AND USE LIMITATIONS, AND CLARIFIES THE PROVISION REQUIRING NOTIFICATION TO THE FEDERAL AVIATION ADMINISTRATION OF PROPOSED DEVELOPMENT. PREAMBLE: The purpose of this article, to be known as the "Johnson County/Iowa City Airport Zoning I r Ordinance," or the "Airport Zoning Ordinance," is to exercise to the fullest extent possible the powers granted to municipalities under Chapter 329 of the Code of Iowa (1989), 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. The city council of. Iowa City and the board of supervisors of Johnson County find that airport hazards and incompatible uses would endanger the lives and property of users of the Iowa City Municipal Airport, as well as occupants of land and other persons in Its vicinity, and would also tend to Impair the operation of the airport and the public Investment therein; accordingly, each municipality does hereby declare that: WHEREAS, the Federal Aviation Administration (FAA) has, pursuant to Federal Law, adopted a comprehensive set of regulations governing airports, which regulations pre -date Iowa City's Airport Zoning Ordinance and are designed to prevent uses incompatible with or constituting a hazard to aviation; and WHEREAS, the purpose of this ordinance is to codify and to provide for local enforcement of -- y the said FAA regulations; and WHEREAS, the FAAhas approved a revised Airport Layout Plan (ALP), which ALP is incorporated into the revised Airport Zoning Map and airport overlay zone descriptions contained herein., BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION 1. That Chapter 4 of the Code of Ordinances of the City of Iowa City, Iowa, entitled "Airports and Aviation," is hereby amended by repealing Article V thereof, entitled "Airport Zoning" and by enacting in lieu thereof an amended Article V to read as follows: ARTICLE V. AIRPORT ZONING Sec. 4-71. Purpose. The purpose of this article, to be known as the "Johnson County/Iowa City Airport Zoning I r Ordinance," or the "Airport Zoning Ordinance," is to exercise to the fullest extent possible the powers granted to municipalities under Chapter 329 of the Code of Iowa (1989), 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. The city council of. Iowa City and the board of supervisors of Johnson County find that airport hazards and incompatible uses would endanger the lives and property of users of the Iowa City Municipal Airport, as well as occupants of land and other persons in Its vicinity, and would also tend to Impair the operation of the airport and the public Investment therein; accordingly, each municipality does hereby declare that: • C z (a) The creation or establishment of an airport hazard is a public nuisance causing potential Injury to those living in the community and to those served by the airport; (b) It is necessary in the interest of the public health, safety, and general welfare that creation of airport hazards and the establishment of incompatible uses of land be prevented, and that this be accomplished, to the extent legally possible, by proper exercise of the police power, (c) The protection of lives and property, the prevention of the creation or establishment of airport hazards and Incompatible uses, and the elimination, removal, alteration, mitigation or marking and lighting of existing airport hazards are public purposes for which a j municipality may raise and expend public funds, as an incident to the operation of the airport, to acquire land or property Interests herein. , (d) Because of the propensity of sanitary landfills for attracting birds, which in turn are hazardous to aircraft in flight, landfills are considered incompatible with airport operations; (e) It is highly desirable that there be no structures, natural objects, or traverseways which I+ constitute or create a hazard within the airport clear zones; and ' (Q Neither municipality shall become liable for the expenditure of its public funds unless 1 j such expenditure shall have been approved in advance by its governing body. Sec. 4.73. Definitions. The followin definitions g nit ns only apply in the interpretation and enforcement of the airport overlay 1 zones: � I . Airport The Iowa City Municipal Airport. Airport elevation: The highest point of the airport's useable landing area measured in feet above mean sea level, which elevation is established to be six hundred sixty-eight (668) feet. Airport hazard: Any structure, tree or use of land which would exceed the Federal obstruction standards as contained in Part 77, Subpart C of the Code of Federal Regulations, as revised In January 1989 (the "Federal Aviation Regulations" or "FAR"), and which obstructs the airspace required for the flight of aircraft and landing or takeoff at the airport or is otherwise hazardous to such landing, or taking off of aircraft. F Airport layout plan: A drawing in the airport master plan depicting existing and future property lines and facilities including but not limited to runways, taxiways, aprons, buildings and clear zones. The airport layout plan is a component part of the master plan. i i aa'Y-9 Airport master plan: A comprehensive plan for development of the airport over a twenty-year time period. The master plan includes, among other things, aviation activity forecasts, determinations of needed airport facilities, a financial plan and proposed time schedule for developing facilities included in the master plan, and recommendations for use of land on and adjacent to the airport. Airport overlay zoning map: The charts or maps of the Iowa City Municipal Airport upon which the airport overlay zones are depicted. Copies of such map are on file in the office of the city clerk of Iowa City, and in the office o1 the Johnson County auditor. Airport primary surface: A surface longitudinally centered on a runway which extends two { hundred (200) feet beyond the end of a runway. The width of the primary surface of a runway i shall be that width prescribed in Part 77 of the Federal Aviation Regulations for the most precise approach existing or planned for either end of that runway. The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway center line. n - I j Airport height., For the purpose of determining the height limits in all zones set fortli herein and S shown on the airport overlay zoning map, the datum shall be mean sea level elevation unless otherwise specified. Inner edge: The inner boundary of an approach or clear zone which is located two hundred (200) feet out from the physical end of a paved runway (except as otherwise noted). This inner edge Is perpendicular to the runway center line. Instrument runway., A runway with an existing instrument approach procedure or for which an instrument approach procedure has been approved or planned Light lane: An area on the approach end of a runway reserved for the Installation of light bars to reduce landing minimums on Instrument approaches, usually four hundred (400) feet by one thousand six hundred (1,600) feet, with a slope of fifty (50) to one (1). Minimum descent altitude., The lowest altitude, expressed in feet above mean sea level, to which descent is authorized on final approach or during cycle4o-land maneuvering in execution of a standard instrument approach procedure and where no electronic glide slope is provided, as most recently established by publication by the FAA. Minimum enroute altitude: The altitude in effect between radio fixes which assures acceptable I navigational signal coverage and meets obstruction clearance requirements between those fixes, as most recently established by publication by the FAA, Minimum obstruction clearance altitude: The specified altitude in effect between radio fixes on VOR airways, off -airway routes, or route segments which meets obstruction clearance requirements for iho entire route segment and which assures acceptable navigational signal coverage within twenty-two (22) miles of a VOR, as most recently established by publication by the FAA ao�-J c: I 4 Runway., A defined area on an airport prepared for landing and takeoff of aircraft along its length. Visual runway. A runway intended solely for the operation of aircraft using visual approach { procedures with no straight -in instrument approach procedure and no instrument designation 1 indicated on an FAA approved airport layout plan or on any planning document submitted to the Federal Aviation Administration (FAA) by competent authority. Sec. 4-74. Notification of proposed development. i (a) Any person who proposes any development of a height greater than an imaginary 1 surface extending outward and upward at a slope of one hundred (100) to one for a horizontal distance of twenty thousand (20,000) feet from the nearest point of the nearest runway shall notify the Federal Aviation Administration (FAA). One executed form set (four (4) copies) of FAA Form 7460-1, "Notice of Proposed Construction or Alteration" shall be sent to the chief, air traffic division, of the FAA Regional Office in 1,--: Kansas City, Missouri, one copy to the Iowa City Airport Commission and one copy to the Johnson County/Iowa City Airport Zoning Commission, (Copies of FAA Form 7460- i 1 may be obtained from the FAA. See Federal Aviation Regulations, Section 77.13.) (b) EXCEPTION: No person is required to notify the FAA administrator of the construction t or alteration of any object that would be shielded by existing structures of a permanent and substantial character or by natural terrain or. topographic features of equal or greater height, and would be located in the congested area of a city, town, or settlement where it is evident beyond all reasonable doubt that the structure so shielded I i will not adversely affect safety in air navigation. (See Federal Aviation Regulations, Section 77.15,) It shall be the responsibility of the appropriate building official, prior to I }, issuance of a building permit for such object, to determine whether or not the shielding satisfies the foregoing requirements. Sec. 4-75. Airport zones and airspace height limitations. In order to carry out the provisions of this section, there are hereby created and established certain zones which are depicted on the airport overlay zoning map. The maps prepared by 'Howard R. Green Company, dated June 1988, and filed in the offices of the city clerk of Iowa City and the Johnson County auditor are hereby adopted, designated and declared to be the airport overlay zoning map for the Iowa City Municipal Airport, A structure located in more I than one zone of the following zones is considered to be only in the zone with the more i restrictive height limitation. The various zones are hereby established and defined as follows: I ao�9 �m (a) Horizontal overlay (OH) zone. (1) Defined. The land lying under a horizontal plane one hundred fifty (150) feet above the established airport elevation, the perimeter of which is constructed by swinging arcs of ten thousand -foot radii from the center of each end of the . primary surface of each runway and connecting the adjacent arcs by lines tangent to those arcs. i (Note: The radius of the arc specified for each end of a runway will have the same arithmetical value. The value will be the highest determined for either end of the runway. When a five thousand -foot arc is encompassed by tangents connecting two (2) adjacent ten thousand -foot arcs, the five thousand -foot arc shall, be disregarded on the construction of the perimeter of the horizontal is surface.) (2) Height limitation. No structure, except as herein provided, shall extend one J i hundred fifty (150) feet above the established airport elevation in the OH zone as depicted on the airport overlay zoning map. l (3) Use limitation. Sanitary landfills shall not be permitted in the OH zone. i y I (b) Conical overlay (OC) zone. J. (1) Defined. The land lying under a surface extending outward and upward from the periphery of the horizontal surface of the OH zone at a slope of twenty (20) to one for a horizontal distance of four thousand (4,000) feet. ± . (2) Height limitation. No structure, except as herein provided, shall penetrate the , conical surface in the OC zone as depicted on the airport overlay zoning map. (3) Use limitation. Sanitary landfills shall not be permitted in the OC zone. i (c) Approach overlay (OA) zone. (1) Defined. The land lying under a surface longitudinally centered on the extended r runway center line and extending outward and upward from each end of the primary surface. (Note: An approach surface is applied to each end of each runway based upon the type of approach available or planned for that runway end.) a. The Inner edge of the approach surface is: 1. Five hundred (500) feet wide for runways 12, 17, 30 and 35. 14iv uyrn laic w, runway e4 ,s your nunarea (400) feet wide beginning at a point four hundred ninety (490) feet southwesterly on the runway center line from the center of the end of the runway pavement (including any and all paved safety areas), extending for a horizontal distance of,one thousand six hundred (1,600) feet northeasterly at a slope of fifty (50) to itj one:Y. (2), Height limitation. No structure, except as herein provided, shall penetrate the approach surface in the OA zone as depicted on the airport overlay zoning map. (3) Use limitation.. Sanitary landfills shall not be permitted in the OA zone. j 'I r (d) Clear overlay (OCL) zone. + (1) Defined. The land lying under a surface longitudinally centered on the runway ` center line or extension thereof and described as follows: a. Runway 6 - 1,000 feet wide beginning at a point on the runway center ' line extended 200 feet out from the end of the pavement, and extending to the southwest on the extended center line for a distance of 1,700 feet and widening uniformly to a width of 1,510 feet. b. Runway 12 - 500 feet wide beginning at a point on the runway center line extended 200 feel out from the end of the pavement, and extending to the northwest on the extended center line for a distance of 1,000 feet and widening uniformly to a width of 700 feet. 1; y { 7 C. Runway 17 - 500 feet wide beginning at a point 225 feet in (south) from the end of the pavement, and extending to the north on the extended center line for a distance of 1,000 feet and widening uniformly to a width of 700 feet. d. Runway 24 - 1,000 feet wide beginning at a point on the runway center line extended 200 feet out from the end of the pavement, and extending to the northeast on the extended center line for a distance of 1,700 feet and widening uniformly to a width of 1,425 feet. e. Runway 30 - 500 feet wide beginning at a point 275 feet in (northwest) from the edge of the pavement, and extending to the southeast on the extended center line for a distance of 1,000 feet and widening uniformly to a width of 700 feet. I. Runway 35 - 500 feet wide beginning at a point on the runway center line , extended 200 feet out from the end of the pavement, and extending to the south on the extended center line for.a distance of 1,700 feet and widening uniformly to a width of 1,010 feet. " (2) Height limitation. No structure, except as herein provided, shall penetrate the ` clear surface of the OCL zone, as depicted on the airport overlay zoning map, , (3) Use limitations. No use, except as herein provided, shall be permitted in the OCL zone in which there is connected therewith a building which according to the 1988 Edition of the Uniform Building an occupancy rating of. fifty lCode,,has (50) square feet of floor area per person or less. In addition, the following uses shall not be permitted, except as herein provided: a. Campgrounds. a b. Fairgrounds. C. Hospitals and Institutions. 1 d. Motels and hotels. e. Nursing and custodial home. L Residential uses. g. Restaurants and similar eating and drinking establishments. h. Schools, including nurseries, prekindergartens and kindergartens. i. Stadiums. J. Storage of fuel or other hazardous materials. - „ry k. Theaters. 1. Sanitary landfills. i j 6 f ' (e) Transitional overlay (On zone. (1) Defined. The land lying under those surfaces extending outward and upward — at right angles to the runway center line and the runway center line extended at a slope of seven (7) to one from the sides of the primary surface and from the sides of the approach surfaces to the intersection with the horizontal overlay (OH) zone. (2) Height limitation. No structure, except as herein provided, shall penetrate the transitional surface of the OT zone, as depicted on the airport overlay zoning map. (3) Use limitation. Sanitary landfills shall not be permitted on the OT zone. Sec. 4.76. Use restrictions. I '_ In addition to the above restrictions on land, the following special requirements shall apply to properties within the airport zones described in Section 4-75 and shown on the Airport Zoning Map. (a) No structure shall be erected that raises the published minimum descent altitude for an instrument approach to any runway, nor shall any structure be erected that causes the minimum obstruction clearance altitude or minimum enroute altitude to be increased, (b) Ughting. { (1) All lighting or illumination used in conjunction with streets, parking, signs or other I uses of land and structures shall be arranged and operated in such a manner j that it is not misleading or dangerous to aircraft operating from the airport or in I, i the vicinity thereof. i a (2) The owner of any structure over two hundred (200) feet above ground level shall Install on the structure lighting in accordance with Federal Aviation Administra- tion Advisory Circular 70.7460 and amendments. (3) Any permit or variance granted by the airport board of adjustment may be so conditioned as to require the owner of the structure or growth in question to permit the city or the Iowa City airport commission to Install, operate and maintain thereon such markers or lights as may be necessary to Indicate to ' pilots the presence of an airspace hazard. (c) No operations from any use shall produce electronic Interference with navigation signals or radio communication between the airport and aircraft. 020 �9 ,r11 Sec. 4-77. Nonconformities. (a) Defined. Any structure or portion thereof which does not conform to the provisions of this article relative to height, and any use which is not allowed within the airport overlay zone in which it is located by reason of the adoption of Iowa City Ordinance Nos. 83- 3133 and 83-3160, or this article or subsequent amendments thereto, is nonconforming. (b) Regulations not retroactive. The regulations prescribed herein shall not be construed to require the removal, lowering, or other change to or alteration of any structure or tree not conforming to the regulations as of the effective date of this article, or to otherwise Interfere with the continuance of any nonconforming use. However, no pre-existing nonconforming structure, tree, or use shall be replaced, rebuilt, altered, or allowed to grow higher, or be replanted, so as to constitute a greater airport hazard than it was when these regulations were originally adopted. Nothing contained herein shall require any change in the construction, alteration, or intended use of any structure, construction or alteration of which was begun prior to the effective date of this article and is completed within one year thereafter. (c) Marking and lighting. Notwithstanding the preceding provision of this section, the owner of any nonconforming structure or tree Is hereby required to permit the installation, operation, and maintenance thereon of such markers and lights as shall be necessary to indicate to the operator of aircraft in the vicinity of the airport, the presence of such airport hazards. Such markers and lights shall be installed, operated, and maintained at the expense of the Iowa City Airport Commission. Sec. 4-78. Airport zoning commission. A Johnson County/Iowa City Airport Zoning Commission shall be provided as follows: The airport zoning commission shall consist of five (5) members, two (2) of whom shall be appointed by the board of supervisors of Johnson County and two (2) of whom shall be selected by the city council of the City of Iowa City, Iowa, and one additional member to act as chairman, who shall be selected by a majority vote of the members selected by the board of supervisors and city council. The terms of such members shall be as provided by Section 329.9 of the Iowa Code. As required by Section 329.9 of the Iowa Code, such airport zoning commission shall follow the procedures provided in Sections 414.4 and 414.6 of the Iowa Code. Sec. 4-79. Board of adjustment. An airport board of adjustment ('board") is hereby established as follows: The board shall consist of five (5) members, two (2) of whom shall be appointed by the board of supervisors of Johnson County and two (2) of whom shall be appointed by the city council of Iowa City, and one additional member to act as chairman who shall be selected by a majority vote of the members selected by the board of supervisors and city council. The terms of such members shall be as provided in Section 329.12 of the Iowa Code. Such board shall have the powers and duties, and shall follow the procedures, provided by Sections 329.11 and 329.12 of the Iowa Code. i I. I, ,r11 Sec. 4-77. Nonconformities. (a) Defined. Any structure or portion thereof which does not conform to the provisions of this article relative to height, and any use which is not allowed within the airport overlay zone in which it is located by reason of the adoption of Iowa City Ordinance Nos. 83- 3133 and 83-3160, or this article or subsequent amendments thereto, is nonconforming. (b) Regulations not retroactive. The regulations prescribed herein shall not be construed to require the removal, lowering, or other change to or alteration of any structure or tree not conforming to the regulations as of the effective date of this article, or to otherwise Interfere with the continuance of any nonconforming use. However, no pre-existing nonconforming structure, tree, or use shall be replaced, rebuilt, altered, or allowed to grow higher, or be replanted, so as to constitute a greater airport hazard than it was when these regulations were originally adopted. Nothing contained herein shall require any change in the construction, alteration, or intended use of any structure, construction or alteration of which was begun prior to the effective date of this article and is completed within one year thereafter. (c) Marking and lighting. Notwithstanding the preceding provision of this section, the owner of any nonconforming structure or tree Is hereby required to permit the installation, operation, and maintenance thereon of such markers and lights as shall be necessary to indicate to the operator of aircraft in the vicinity of the airport, the presence of such airport hazards. Such markers and lights shall be installed, operated, and maintained at the expense of the Iowa City Airport Commission. Sec. 4-78. Airport zoning commission. A Johnson County/Iowa City Airport Zoning Commission shall be provided as follows: The airport zoning commission shall consist of five (5) members, two (2) of whom shall be appointed by the board of supervisors of Johnson County and two (2) of whom shall be selected by the city council of the City of Iowa City, Iowa, and one additional member to act as chairman, who shall be selected by a majority vote of the members selected by the board of supervisors and city council. The terms of such members shall be as provided by Section 329.9 of the Iowa Code. As required by Section 329.9 of the Iowa Code, such airport zoning commission shall follow the procedures provided in Sections 414.4 and 414.6 of the Iowa Code. Sec. 4-79. Board of adjustment. An airport board of adjustment ('board") is hereby established as follows: The board shall consist of five (5) members, two (2) of whom shall be appointed by the board of supervisors of Johnson County and two (2) of whom shall be appointed by the city council of Iowa City, and one additional member to act as chairman who shall be selected by a majority vote of the members selected by the board of supervisors and city council. The terms of such members shall be as provided in Section 329.12 of the Iowa Code. Such board shall have the powers and duties, and shall follow the procedures, provided by Sections 329.11 and 329.12 of the Iowa Code. i I'I::` I I 1 ao0 10 Sec. 4.80. Provisional modification. E (a) Any person desiring to construct a structure or establish a use which exceeds or violates the height and/or use limitations for the airport overlay zones as provided in Section 4-75 may request a provisional modification of those regulations as herein provided. The appropriate building official may grant a request for provisional i modification if the proposed structure or use: I (1) Is not considered an airport hazard or an Incompatible use by the Federal Aviation Administration; and (2) Will not result in the construction or establishment of a structure or use that raises the published minimum descent altitude for an Instrument approach to any obstruction clearance altitude or minimum runway, or that causes any minimum enroute altitude to be increased, as determined by the FAA. l (b) Persons requesting such a provisional modification shall file FAA Form 7460.1 'Notice of Proposed Construction or Alteration" in accordance with the notice provisions of Section 4-74, and the notice provisions of FAR Part 77.13. Ii the Federal 'Aviation47 L II Administration Issues a determination that the proposed structure or use is not consistent with the provisions of (a)(1) and (2) above, the building oircial shall deny such proposed modification to the height and/or use provisions contained in the airport overlay zones. Such denial shall not preclude an application for a, special exception or variance to the airport board of adjustment, as provided in Sections 4.61 and 4-82. II, Sec. 4.81. Any structure which is deemed by the appropriate building official to be shielded, in II accordance with the provisions of FAR Part 77.13 and Section 4 74(b) above, shall not be subject to the height restrictions contained herein, so long as the structure height does not exceed the height of the shielding structure. Sec. 4-82. Special exceptions. (a) The height and use limitations contained in the airport overlay zones may be modified by special exception granted by the airport board of adjustment. However, no such special exception shall be granted unless the board rinds, based upon written determination from the Federal Aviation Administration and the aeronautics division of the Iowa Department of Transportation, that: (1) In an application to permit any structure, tree, or use of land to exceed the height or use limitations of the airport overlay zones, that such structure, tree, or use of land, as proposed, will not obstruct landing and take -off of aircraft at i the airport and will not constitute a hazard to aviation. j � r .j ao�9 � 11 (2) In the application to permit a use of land otherwise prohibited herein, that such use, as proposed will not be incompatible with airport operations and does not create/constitute a hazard. (b) An applicant for a special exception hereunder shall, as part of the application submitted to the board, file the required written advice of the Federal Aviation Administration, and ; the aeronautics division of the Iowa Department of Transportation, No application for a special exception hereunder shall be set for hearing by the board until such determination has been issued. (c) In making its determination on an application for a special exception, the board shall apply and be bound by State and Federal regulations applicable to the Iowa City Municipal Airport. (d) In making a determination on an application for a special exception as to use, where the structure has been determined to be shielded in accordance with Section 4-81 of this Ordinance, written advice of the FAA and IDOT in regard to the proposed use shall I1 j not be required. F is Sec. 4.83. Variances. :? } � I (a) Any person desiring to erect or increase the height of any structure, or to permit the growth of any tree, or otherwise use property in a manner which would constitute a violation of these regulations, may apply to the board for a variance from these �! regulations. Such variances shall be allowed only where a literal application or II enforcement of these regulations would result in unnecessary hardship, and the relief granted would not be contrary to the public Interest, but would do substantial justice f '' and be in accordance with the spirit of these regulations and of Chapter 329 of the Iowa Code; provided, however, any such variance may be allowed subject to any reasonable conditions that the board may deem necessary to effectuate the purposes of Chapter 329 of the Iowa Code, including but not limited to the following: Any such variance shall be subject to a requirement that theperson requesting the variance, at such person's own expense, install, operate, and maintain thereon such markers and lights as may be necessary to indicate to operators of aircraft the presence of an airport obstruction; and the reservation of the right of the City of Iowa City and the Iowa City Airport Commission, at their own expense, to go onto the permittee's property to install, operate, and maintain thereon such markers and lights as may be necessary to indicate to operators of aircraft the presences of an airport obstruction, { (b) In making its determination on an application for a variance, the board shall apply and be bound by State and Federal regulations applicable to the Iowa City Municipal Airport. (c) Any appeal from the decision of the board of adjustment shall be in accordance with the provisions of Section 414.15 et seq, of the Iowa Code. ■ J� p: [1 12 kk E Sec. 4.84. Administration and enforcement. The administration of these zoning regulations shall be performed by the appropriate county or city building official, as the case may be. Enforcement of these zoning regulations snail be the responsibility of the Iowa City Airport Commission, or through such persons of repres ll be tives as the Iowa City Airport Commission may from time to time direct. Howe b Section ver, a 3 s Y 29. provided v o � id f t ed he Iowa P Code, enforcement and include any of the powers herein delegated totheboard of adjustmentdministrat(on shall not i Sec. 4.85. Equitable remedies. The City of Iowa City or the Iowa City Airport Commission may, as authorized by Section 329.5 of the Iowa Code, maintain an action in equity to restrain and abate as a nuisance the creation or establishment of an airport hazard pertaining to the Iowa City Municipal Airport in violation f of these regulations for any area, whether within or without the territorial limits of the City of Iowa City. 1 J) �77Sec. 4-86. Conflicting regulations. r r In the event of any conflict be these airood 7nnin the ructures or trees, the use o1 land, or any other matter, the more stringent limiect tation ion or�requiremht of ents shall control. ; I f Sec. 4-87. Prohibited acts. It shall be unlawful for any person to do any of the acts hereinafter stated unless a provisional 1 modification, special exception, or variance from the provisions of these regulations shall have Ii j been granted. (1) No person shall erect or Increase the height of any structure, or permit the growth of . any tree, to a height in excess of that provided by [any] of these regulations for the zone or area where such act occurs, except as provided in this Article, (2) No person shall hereafter place, or cause to be placed, above ground, transmission or distribution lines or poles or other structures supporting the same within two hundred (200) feet of the outer boundary of the airport as said boundary is shown on the airport overlay zoning map, 3) No person shall otherwise use property within a zone established by these regulations In violation of the use restrictions of these regulations, or in such a manner as to create an airport hazard as defined herein, except as provided In this Article. r c- I does hereby declare that: n, accor ng y, each ii ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 4 OF THE CODE OF ORDINANCES OF THE CITY OF IOWA CITY, IOWA, ENTITLED "AIRPORTS AND AVIATION," BY REPEALING ARTICLE V THEREOF, ENTITLED "AIRPORT ZONING," AND BY ENACTING IN LIEU THEREOF ARTICLE V, "AIRPORT ZONING," AS AMENDED, WHICH AMENDMENTS PROVIDE FOR THE J REARRANGEMEt AND RENUMBERING OF SECTIONS, PROVIDE FOR A REVISED AIRPORT ZONING. MAP, P VIDE FOR PROVISIONAL MODIFICATION OF HEIGHT AND USE 1 LIMITATIONS, AND C RIFIES THE PROVISION REQUIRING NOTIFICATION TO THE FEDERAL AVIATION ADMINISTRA ON OF PROPOSED DEVELOPMENT. PREAMBLE: WHEREAS, the Federal Aviatio Administration (FAA) has, rsuant to Federal Law, adopted a comprehensive set of regulati s governing airports, w ch regulations pre -date Iowa City's Airport Zoning Ordinance and are esigned to prevent ses incompatible with or constituting li a hazard to aviation; and l WHEREAS, the purpose of this ordina a Is to c dify and to provide for local enforcement of the said FAA regulations; and WHEREAS, the FAA has approved a r sed Airport Layout Plan (ALP), which ALP is Incorporated into the revised Airport ni Map and airport overlay, zone descriptions contained herein. BE IT ORDAINED BY THE CITY CO NCIL OF TH CITY OF IOWA CITY, IOWA:, SECTION 1. That Chapter.4 of a Code of Ordinanc s of the City of Iowa City, Iowa, entitled "Airports and Aviation," is her y amended by repea ng Article V thereof, entitled "Airport Zoning," and.by enacting in 'eu thereof an amended Acle V to read as iollows: I f I ARTICLE V. AIRPORT ZONING Sec. 4-71. Purpose. \ The purpose of IN article, to be known as the "Johnson County/Iowa City. Airport Zoning Ordinance," or the Airport Zoning Ordinance," is to exercise to the fullest extent possible the powers granted t municipalities under Chapter 329 of the Code of Iowa (1989), and to codify existing regulati ns of the Federal Aviation Administration relating to land uses incompatible with or constit ting a hazard to aviation at the Iowa City Municipal Airport. The city cc ncil of Iowa City and the board of supervisors of Johnson County find that airport hazards a d Incompatible uses would endanger the lives and property of users of the Iowa City Municipa Airport, as well as occupants of land and other persons in Its vicinity, and would also tend to imoair the operation of the airport and thep ublio investmen t there i di I does hereby declare that: n, accor ng y, each L .... _. ... _. M. t 2 (a) The creation or establishment of an airport hazard is a public nuisance causing potential injury to those living in the community and to those served by the airport; (b) It is necesry in the Interest of the public health, safety, and general welfare that creation of ort hazards and the establishment of incompatible uses of land be ; irp prevented, a that this be accomplished;-to the extent legally possible, by proper { " exercise of the police power, I (c) The protection o lives and property, the preventio of the creation or establishment of { t' airport hazards an Incompatible uses, and the ell nation, removal, alteration, mitigation I or marking and lig ting of existing airport haz ds are public purposes for which a municipality may rai a and expend public fund , as an incident to the operation of the (, airport, to acquire Is or property Interests erein. (d) Because of the prope ity of sanitary la fills for attracting birds, which, in turn are j hazardous to aircraft i flight, landfill are considered incompatible with airport operations; I{ (e) It is highly desirable that the a be no structures, natural objects, or traverseways which constitute or create a hazer withi the airport clear zones, and r i S I� (f) Neither municipality shall beco a liable for the expenditure of its public funds unless such expenditure shall have b n approved in advance by its governing body. I.. Sec. 4.73. Deflnitions. The following definitions only ap y in the i terpretation and enforcement of the airport overlay { (' zones: Airport: The Iowa City Muni/ pal Airport. Airport elevation: The highest point of the at ort's useable landing area measured in feet ch elevation is establ had to be six hundred sixty-eight (668) feet. above mean sea level, wZre, Airport hazard., Any str tree or use of land hich would exceed the Federal obstruction standards as containe in Part 77, Subpart C of t Code of Federal Regulations, as revised In January 1969 (the " ederal Aviation Regulations" "FAR"), and which obstructs the airspace required for the High of aircraft and landing or takeo at airport or is otherwise hazardous to such landing or king off of aircraft. i Airport layout play. A drawing In the airport master plan depicting existing and future property lines and faciiiti s including but not limited to runways, taxiways, aprons, buildings and clear zones. The airport layout plan is a component part of the master plan. ' I , _ 1 I i' � 3 Airport master plan: A comprehensive plan for development of the airport over a twenty-year time period. The master plan includes, among other things, aviation activity forecasts, determinations of needed airport facilities, a financial plan and proposed time schedule for developing facilities inclu dTn the master plan, and recommendations for use of land on and adjacent to the airport. Airport overlay zoning me : The charts or maps of the Iowa City Municipal Airport upon which the airport overlay zones re depicted. Copies of such map are on file In the office of the city clerk of Iowa City, and In a office of the Johnson Coun auditor. Airport primary surface: A urface longitudinally center d on a runway which extends two hundred (200) feet beyond th@@ end of a runway. The w)) th of the primary surface of a runway shall be that width prescribep in Part 77 of the Fec 66ra1 Aviation Regulations for the most precise approach existing or p nned for either end ((that runway. The elevation of any point on the primary surface is the s� a as the elevatio of the nearest point on the runway center line. Airport height: For the purpose of eterminin he height limits In all zones set forth herein and shown on the airport overlay zonin map, t e' datum shall be mean sea level elevation unless otherwise specified. Inner edge: The inner boundary of a approach or clear zone which is located two hundred (200) feet out from the physical end paved runway (except as otherwise noted). This inner edge is perpendicular to the runty �ce ter line: Instrument runway: A runway w'th an exi Ing Instrument approach procedure or for which an instrument approach procedur has been pproved or planned. Light lane: An area on theis proach end of runway reserved for the installation of light bars to reduce landing minimyyon instrument pproaches, usually four hundred (400) feet by one thousand six hundr¢d (1,600) feet, with a lope of fifty (50) to one (1). Minimum descent alto de: The lowest altitude, expressed in feet above mean sea level, to which descent is au t sized on final approach or ring cyclo -to -land maneuvering in execution of a standard Instrument approach procedure and here no electronic glide slope is provided, as most recently stablished by publication by the AA. Minimum enrouj altitude: The altitude In effect betw �n radio fixes which assures acceptable navigational sibnal coverage and meets obstruction clearance requirements between those fixes, as mJos'"ecently established by publication by th�FAA. Minimum ocoon clearance altitude: The specified altitude in effect between radio fixes on VOR airways, off -airway routes, or route segments which meets, obstruction clearance requirements for the entire route segment and which assures acceptable navigational signal coverage within twenty-two (22) miles of a VOR, as most recently established by publication by the FAA. ao A/9 I� I 1j II " Runway: A defined area length. Visual runway: A runway i tE procedures with no straight - indicated on an FAA approve the Federal Aviation Administr Sec. 4-74. Notification of pr 4 an airport prepared for landing and takeoff of aircraft along its ided solely for the operation of aircraft using visual approach Instrument approach procedure and no Instrument designation airport layout plan or on any planning document submitted to tion (FAA) by competent authority. sed development. I (a) Any person who proposes any development of a height r aler than an imaginary surface extending outward d upward at a slope of one undred (100) to one for a horizontal distance of twen thousand (20,000) feet it m the nearest point of the , nearest runway shall notify th Federal Aviation Adr�istralion (FAA). One executed form set (four (4) copies) of F Form 7460-1, "yotice of Proposed Construction or Alteration" shall be sent to the lef, air traffic division, of the FAA Regional Office in Kansas City, Missouri, one copyipthe Iowa Cjty'Airport Commission and one copy to the Johnson County/Iowa,Ciry Ai irt Zoning,Commission. (Copies of FAA Form 7460- 1 may be obtained from the FAA. ee Federal Aviation Regulations, Section 77.13.) ' (b) EXCEPTION; No person is required n notify the FAA' administrator of the construction or alteration of any object that would a shielded by existing structures of a permanent' and substantial character or, by/nat al terrain or, topographic features of equal or greater height, and would be/locate in the congested area of a city, town, or " settlement where it is evident beyond all easonable doubt that the structure so shielded will not adversely affect safety in air n vigation. (See Federal Aviation Regulations, Section 77.15.) It shall be/the responsib ity of the appropriate building official, prior to Issuance of a building Permit for such obj ct, to determine whether or not the shielding satisfies the foregoing requirements, Sec. 4.75. Airport zones end air space height imitations, i In order to carry out the provisions of this section, here are hereby created and established certain zones which.are depicted on the airport ove ay zoning map. The maps prepared by Howard R. Greene/and Associates, dated June 1988, and filed in the offices of the city clerk of Iowa City and/the Johnson County auditor are her by adopted, designated and declared to be the airpo� overlay zoning map for the Iowa City unicipal Airport,, A structure located In more than one zone of the following zones is considered to be only in the zone with the more restrictive height limitation. The various zones are hereby established and defined as J follows: ffI I I r', a°9`7 (a) Horizontal overlay (OH) zone. (1) Defined. The land lying under a horizontal plane one hundred fifty (150) feet ' above the established airport elevation, the perimeter of which is constructed by swinging arcs of ten thousand -foot radii from the center of each end of the primary surfs 'e of each runway and connecting the adjacent arcs by lines tangent to tho a arcs. (Note: The rads of the arc specified for each end of a runway will have the same arithmetical alue. The value will be the highest determined for either end of the runway, an a five thousand -toot arc is encompassed by tangents connecting two (2) djacent ten thousand -Toot arcs, tpe five thdusand-foot are shall be disregards on the construction of the perimeter of the horizontal surface.) (2) Height limitation. No tructure, except as he/Inrovided, shall extend one hundred fifty (150) feet bove the established airport elevation in the OH zone - - as depicted on the airpo overlay zonin /map. ) s (3) Use limitation. Sanitaryla dfilis shanot be permitted in the OH zone, f " Y (b) Conical overlay (OC) zone. �i (1) Defined.' The land lying yJ? e a surface extending outward and upward from the periphery of the horiz tall dace of the OH zone at a slope o1 twenty (20) to one for a horizon7str istance flour thousand (4,000) feet. } (2) Height limitation. cture, a ept as herein provided, shall penetrate the conical surface in a OC zone as epicted on the airport overlay zoning map. (3) Use Iimitatlon. Sanitary landfills shall of be permitted in the OC zone. (c) Approach overlay OA) zone. (1) Define . The land lying under a surface longitudinally centered on the extended runw center line and extending outward and upward from each end of the pri ary surface. (Note: An approach surface is applied to each end of each . runway based upon the type of approach available or planned for that runway end.) a. The Inner edge of the approach surface is: 1. Five hundred (500) feet wide for runways 12, 17, 30 and 35. 2. One thousand (1,000) feet wide for runways 6 and 24. 0 b. The outer edge of the approach surface is: 1. One thousand five hundred (1,500) feet wide for runways 12 and 17. 2. Three thousand five hundred (3,500) feet wide or runways 6, 30 and 35 Four thousand (4,000) feet wide for runway 24. c. T approach surface zone extends for a horizontal distance of: 1. Five thousand (5,000) feet at a slo a of twenty (20) to one for runways 12 and 17. . ki. 2. T thousand (10,000) feet at a slope of thirty-four (34) to one for, run ays 6, 24, 30 and 35 d. The light lane or at apoint four center line from tl any and all paved thousand six hun one. (2) Height limitation. No approach surface In (t (3) Use limitation. Sannils nway 24 1 four hundred (400) feet wide beginning . {I Ired ninety (490) feet southwesterly on' the runway ;ente(of the end of the runway pavement (including ' t areas), extending for a horizontal distance of one 1,600) feet northeasterly at a slope of fifty (50) to ' I ructure, ex ept as herein provided, shall penetrate the OA'zone as%1�n cted on the airport overlay zoning map. Iandfiils shabe permitted in the OA zone. (d) Clear overlay (OCL) zone. (1) Defined. Oland lying under a surface longit dinaily centered on the runway center ling or extension thereof and described A fouows: a. Runway 6 - 1,000 feet wide beginning at a point on the runway center . line extended 200 feet out from the end of the pavement, and extending to the southwest on the extended center line for a distance of 1,700 feet and widening uniformly to a width of •1,510 feet. Runway 12 - 500 feet wide beginning at a point on the runway center line extended 200 feet out from the end of the pavement, and extending to the northwest on the extended center line for a distance of 1,000 feet and widening uniformly to a width of 700 feet. aor9 { S: E' 7 C. Runway 17 - 500 feet wide beginning at a point 225 feet in (south) from the end of the pavement, and extendingto the north o n the extended center line for a distance of 1,000 feet and widening uniformly to a width of 700 feet. d. Runway 24 - 1,000 feet wide beginning at a point on the runway cel ter me extende 200 feet out from the end of the pavement, and extending the northd east on the extended center line for a distance of 1,700 feet . a d widening uniformly to a width of 1,425 feet, e. Run ay 30. 500 feet wide beginning at a point 75 feet in (northwest) from a edge of the pavement, and extendin o the southeast on the extend d center, line for a distance of 1,000 It et and widening uniformly to a wi of 700 feet. i. Runway 3 - 500 feet wide beginning a point on the runway center line extended 2 feet out from the en f the pavement, and extending to the south on a extended conte ine for a distance of 1,700 feet and widening un ifly to a width o 1,010 feet. (2) Height limitation. No str ure, a apt as herein provided, shall penetrate the clear surface of the OCL z e; depicted on the airport overlay zoning map. (3) Use limitations. No use, ex t as herein provided, shall be permitted in the I- 1 OCL zone in which there i con acted therewith a building which according to ' the 1988 Edition of the U iform 8 'Iding Code, has an occupancy rating of fifty '' Z (50) square feet of floor reaper pe on or less. In addition, the following uses shall not be permitte ,except as her n provided: a. Campgrou ds.,' ' b. Fairgrou s. C. Hospita and Institutions. r' d. Motel and hotels. t ' e. Nurs g and custodial home. f. Re dential uses. g. R staurants and similar eating and drinking establishments. h. chools, Including nurseries, prekindergartens and kindergartens. Stadiums. ; j. Storage of fuel or other hazardous materials, k. Theaters. , I Sanitary landfills. 3 {, 0 ,a 6 (e) Transitional overlay (07) zone. (1) Defined. The land lying under those surfaces extending outward and upward at right angles to the runway center line and the runway center line extended at a slope of seven (7) to one from the sides of the primary surface and from the sides of thea roach surfaces to the intersection with the horizontal overlay (OH) zone. ' (2) Height limitation, pp structure, except as herein provided, shall penetrate the transitional surface dif the OT zone, as depicted on the''airport overlay zoning map. i jr (3) Use limitation. Sanitary I dfills shall not be permitted on t' a OT zone, Sec. 4.76. Use restrictions. 1, In addition to the above restrictions on land, he following special-� quirements shall apply to properties within the airport zones described i Section 4-75 an /shown on the Airport Zoning Map. (a) No structure. shall be erected that raises th publ ed minimum descent altitude for an instrument approach to any. runway, nor sh II fry structure be erected that causes the i minimum obstruction clearance altitude or nimum enroute altitude to be Increased .. i �•;' (b) I-Ighting. i (1) Ail lighting or illumination used in conjunct n with streets, parking, signs or other ri uses of land and struct�u,r �s shall be arran ed and operated in such a manner that it is not misleadin or dangerous to air raft operating from the airport or in the vicinity tnereot , (2) The owner of any structure over two hundred ( )feet above ground level shall' Install on the structure lighting In accordance w h Federal Aviation Administra- ` „ tion Advisory [router 70-7460 and amendments. " (3) Any perT�il or variance granted by the airport boar of adjustment may be so growth in to condjydned as to require the owner of the structureor question permit the city or the Iowa City airport commission to install, operate and maintainthereon such markers or lights as may be necessary to Indicate to pilots the presence of an airspace hazard. (c) No operations from any use shall produce electronic interference with navigation signals or radio communication between the airport and aircraft. F� Sec. 4-77. ;Nonconformitles. (a) Defined. Any structure or portion thereof which does not conform to the provisions of this article relative to height, and any use which is not allowed within the airport overlay zone in which it is located by reason of the adoption of Iowa City Ordinance Nos. 83- 3133 and 83.3160, or this article or subsequent amendments thereto, is nonconforming. (b) Regulations t retroactive. The regulations prescribed herein shall not be construed to require the r moval, lowering, or other change to or alteratio of any structure or tree not conforming the regulations as of the effective date oft (s article, or to otherwise interfere with the ontinuance of any nonconforming use. However, no pre-existing nonconforming stru ure, tree, or use shall be replaced, i uilt, altered, or allowed to grow higher, or be r lanted, so as to constitute a gre er. airport hazard than it was when these regulations were originally adopted. Nothi contained herein shall require any change in the constr coon, altera/hereby tends se of any structure, construction or alteration of which w begun he active date of this article and is completed within one year hereafter (c) Marking and lighting. Notwith endineding provision of this section, the owner of any nonconforming structur or treby required to permit the installation, operation, and maintenance the on arkers and lights as shall be necessary to Indicate to the operator o1 airc ft inity of the airport, the presence of such airport hazards. Such markers an l be Installed, operated, and maintained at the expense of the Iowa City /Af ort Commission. Sec. 4.78. Airport zoning commisstdn. A Johnson County/Iowa City Airpoft Zoning C mmission shall be provided as follows: The airport zoning commission shat /consist of fi (5) members, two (2) of whom shall be appointed by the board of su ervisors o1 John on County and two (2) of whom shall be selected by the city council o the City of Iowa Ci , Iowa, and one additional member to act as chairman, who shall be s lected by a majority v e of the members selected by the board of supervisors and city co 6icil. The terms of such mbers shall be as provided by Section 329.9 of the Iowa Code. s required by Section 329.9,of the Iowa Code, such airport zoning commission shall Collo the procedures provided in Se\ons 414.4 and 414.6 of the Iowa Code. Sec. 4.79. Board f adjustment. An airport board of adjustment ("board') is. hereby established as follows: The board shall consist of five ( members, two (2) of whom shall be appointed by the board of supervisors of Johnson County and two (2) of whom shall be appointed by the city council of Iowa City, and one additional member to act as chairman who shall be selected by a majority vote of the members selected by the board of supervisors and city council. The terms of such members shall be as provided in Section 329.12 of the Iowa Code. Such board shall have the powers and duties, and shall follow the procedures, provided by Sections 329.11 and 329.12 of the Iowa Code. 4 s F ( x :x i u i r F� Sec. 4-77. ;Nonconformitles. (a) Defined. Any structure or portion thereof which does not conform to the provisions of this article relative to height, and any use which is not allowed within the airport overlay zone in which it is located by reason of the adoption of Iowa City Ordinance Nos. 83- 3133 and 83.3160, or this article or subsequent amendments thereto, is nonconforming. (b) Regulations t retroactive. The regulations prescribed herein shall not be construed to require the r moval, lowering, or other change to or alteratio of any structure or tree not conforming the regulations as of the effective date oft (s article, or to otherwise interfere with the ontinuance of any nonconforming use. However, no pre-existing nonconforming stru ure, tree, or use shall be replaced, i uilt, altered, or allowed to grow higher, or be r lanted, so as to constitute a gre er. airport hazard than it was when these regulations were originally adopted. Nothi contained herein shall require any change in the constr coon, altera/hereby tends se of any structure, construction or alteration of which w begun he active date of this article and is completed within one year hereafter (c) Marking and lighting. Notwith endineding provision of this section, the owner of any nonconforming structur or treby required to permit the installation, operation, and maintenance the on arkers and lights as shall be necessary to Indicate to the operator o1 airc ft inity of the airport, the presence of such airport hazards. Such markers an l be Installed, operated, and maintained at the expense of the Iowa City /Af ort Commission. Sec. 4.78. Airport zoning commisstdn. A Johnson County/Iowa City Airpoft Zoning C mmission shall be provided as follows: The airport zoning commission shat /consist of fi (5) members, two (2) of whom shall be appointed by the board of su ervisors o1 John on County and two (2) of whom shall be selected by the city council o the City of Iowa Ci , Iowa, and one additional member to act as chairman, who shall be s lected by a majority v e of the members selected by the board of supervisors and city co 6icil. The terms of such mbers shall be as provided by Section 329.9 of the Iowa Code. s required by Section 329.9,of the Iowa Code, such airport zoning commission shall Collo the procedures provided in Se\ons 414.4 and 414.6 of the Iowa Code. Sec. 4.79. Board f adjustment. An airport board of adjustment ("board') is. hereby established as follows: The board shall consist of five ( members, two (2) of whom shall be appointed by the board of supervisors of Johnson County and two (2) of whom shall be appointed by the city council of Iowa City, and one additional member to act as chairman who shall be selected by a majority vote of the members selected by the board of supervisors and city council. The terms of such members shall be as provided in Section 329.12 of the Iowa Code. Such board shall have the powers and duties, and shall follow the procedures, provided by Sections 329.11 and 329.12 of the Iowa Code. 1 10 Sec. 4-80. Provisional modification upon FAA approval. (a) Any person desiring to construct a structure or establish a use which exceeds or violates the height and/or use limitations for the airport overlay zones as provided in Section 4.75 may request a provisional modification of those regulations as herein provided. The appropriate building official may grant a request for provisional modification if the proposed structure or use: (1) Is shielded, as p vided in FAR Part 77.13 and Section 4-74(b) above; or (2) Isnot considered n airport hazard or an Incompatible use by the Federal Aviation Administratio or is deemed shielded, as provided herein; and will not result in the constructi or establishment of a structure or use that raises the published minimum desc nt altitude for an instrument apoach to any runway, or that causes any minimu obstruction clearance altity a or minimum enroute altitude to be increased, as etermined by the FAA. / (b) Persons requesting such a provisional odificatioi of Proposed Construction or Alteration" n accon Section 4-74, and the notice provisions FAR Administration Issues a determination the the consistent with the provisions of (a)(1) and such proposed modification to the height and/ u: overlay zones. Such denial shall notprecl e or variance to the airport board of adjustr nt, as halla FAA Form 7460-1 "Notice nc with the notice provisions of 77.13. If the Federal Aviation oposed structure or use is not j is, the building official shall deny it provisions contained in the airport. pplication for a special exception ovided in Sections 4.81 and 4-82. Sec, 4-81. Special exceptions. (a) The height and use limitations ntained in the airport o rl. by special exception grants y the airport board of adj t special exception shall b granted unless the board fi determination from the F dera] Aviation Administration and t the Iowa Department Transportation, that: zones may be modified ?nt.. However, no such based uponwritten aeronautics division. of (1) In an appli ation to permit any structure, tree, or use 61,land to exceed the height o se limitations of the airport overlay zones, that such structure, tree, . or use f land, as proposed, will not obstruct landing and takeoff of aircraft at t rport and will not constitute a hazard to aviation. (2) In the application to permit a use of land otherwise prohibited herein, that such use, as proposed will not be Incompatible with airport operations and does not create/constitute a hazard. aa�9 { aa�9 11 (b) An applicant for a special exception hereunder shall, as part of the application submitted to the board, file the required written advice of the Federal Aviation Administration, and the aeronautics division of the Iowa Department of Transportation. No application for a special exception hereunder shall be set for hearing by the board until such determination has been issued. (c) In making its determination on an application for a special exception, the board shall apply and be bou\byState and Federal regulations applicable to the Iowa City Municipal Airport. Sec.4-82. Variances. (a) Any person desirinr increase 4h height of any structure, or to permit the growth of any treese use prop/ rop rty in a manner which would constitute a violation of these may app to the board for a variance from these regulations. Such variances enforcement of these regulation, granted would not be contrary t and be in accordance with the Iowa Code; provided, however, reasonable conditions that the t ' ` t Ch ter 329 of the Iowa Cod rr r o ap variance shall be subject to a E such person's own expense, m re allowed only where a literal application or. I result in unnecessary hardship, and the relief public interest, but would do substantial justice of these regulations and of Chapter 329 of the such variance may be allowed subject to any may deem necessary to effectuate the purposes Ong but not limited to the following: Any such nl that the person requesting the variance, at p rate, and maintain thereon such markers and lights as may be necessary)J6 Indicate to perators of aircraft the presence of an airport obstruction; and the reseryation of the rig f of the City of Iowa City and the Iowa City Airport Commission, at th it own expense, go onto the permittee's property to install, operate, and maintain t 6reon such markers and lights as may be necessary to indicate to operators of aircra the presences of an irport obstruction. (b) In making Its deter nation on an application r a variance, the board shall apply and be bound by State nd Federal regulations apple able to the Iowa City Municipal Airport. (c) Any appeal from the decision of the board of ad �stment shall be in accordance with the provisions of Section 414.15 at seq. of the Iowa Code. Sec. 4-83 Adminis�rr tion and enforcement. \ The administration of these zoning regulations shall be perlormed by, the appropriate county or city building official, as the case may be. Enforcement of these zoning regulations shall be the responsibility of the Iowa City Airport Commission, or through such persons or representa- tives as the Iowa City Airport Commission may from time to time direct. However, as provided by Section 329.13 of the Iowa Code, such duties of enforcement and administration shall not include any of the powers herein delegated to the board of adjustment, j I i. I �I II I_ i c, ;I I r 12 t Sec. 4-84.. Equitable remedies. The City of Iowa City or the Iowa City Airport Commission may, as authorized by Section 329.5 of the Iowa Code, maintain an action in equity to restrain and abate as a nuisance the creation or establishment of an airport hazard pertaining to the Iowa City Municipal Airport in violation of these regulations for any area, whether within or without the territorial limits of the City of Iowa City. I Sec. 4-85. Conflictin regulations. In the event of any confli between these airport zoning regulations and any other regulations ' applicable to the same ar , whether the conflict be with respect to the height of structures or trees, the use of land, or y othe/nv er, the more stringent limitation or r 'quirements shall I i' control. �+ ' Sec. 4-86. Prohibited acts.! It shall be unlawful for any person tony of the acts hereinafter ated unless a provisional I j modification, special exception, or ve from the provisions these regulations shall have been granted.. �'. (1) No person shall erect or Inca height of a structure, or permit the growth of ' i any tree; to a height in, exct at provide by [any) of these regulations for the zone or area where such acrs, except s provided in this Article. No person shall hereafter placaus to be placed, above ground, transmission or distributionlines or poles orstr es supporting the same within two hundred (200) feet of the outer boundt airp rt as said boundary is shown on the airportoverlay zoning map. (3)No person sftall otherwise uperty within zone established by these regulations in violation of the use restric�f these regul tions, or in such a manner as to create an airport haza/asde'd herein, except as provided in this Article. Sec. 4-87. Penalties. Each violation of thess shall constitute a misdemeanor or a municipal infraction, and shall be punishabed in Chapter 1 of this Code. Each day a violationoccurs or continues to existate a separate offense. Secs. 4.88 and 4. 9. Reserved. SECTION 2. SEVERABILITY: If any section, provision or part of the Ordinance shall be adjudged to be Invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged Invalid or unconstitutional. � 0709. :. lr MAYOR ATTEST: CITY CLERK ' Ap rov d a to orm f; a , Legal Department + �1 r Ilk NI 1� S � l 1 la. '. ':,..� :.: �: Y �•"(I�..we:. .... ,. 1, .,r t F+. �:: :i. , r l n,zc ,2� lj': ao`�9 , �; r•h. a-zl- sy " 1: Some Questions and Answers. About Airport Zoning Q. What is the. basic theory of airport zoning? A. We have designated a number of areas around the airport as certain types of airport overlay zones. They are called overlay zones because they are on top of the basic city or county zones for the underlying land. The r key zones are located in 6 areas, radiating out from the 6 runway ends. These areas are fan shaped, widening as they radiate out. As you get farther away from the air- port, the floor" of these areas rises slowly. Each of these 6 areas is divided into two zones. The clear overlay zone (OCL) begins close to the airport and j extends out for about one-quarter to one-third of a mile or so. It is the.most, restrictive.of. the airport over- lay zones. The approach overlay zone (OA) continues out for another three-quarters. to one -and -one-half mile(s) C'Y` or so,. and continues to rise above the ground. =Around I '6 J, '± and in between thesefan shaped areas are the horizon- tal overlay (OH), the conical overlay (OC) zone and the transitional overlay (OT) zone. They are much less restrictive, and mostly address very tall structures. Q. What is the nature of the restrictions in the OA and OCL ' S,4 zones? A. These zones also regulate the height of structures, and these height restrictions are closer to the ground than rc{� the OH, OC, and OT zone. In addition, the OCL zone has a list of restricted uses. Q. Does that mean that you can't build in those areas? A. Not at all. Like all our city and county zoning restric- ' tions, although you may not be able to do certain t'`•.; things, it is important that the regulations allow rea- sonable use of the property. It does stand to reason n , that you have to be somewhat careful about what you t construct in the, pathways leading to airport runways. Our ordinance is modeled after regulations the Federal Aviation Administration (FAA) has had in place for many years, at all similar airports throughout the country. i Q. You are in the process of changing the Airport Overlay Zoning Ordinance. What is being changed? A. There are three types of changes. One group of changes _r relates to the language of the ordinance. These changes are being made to make the ordinance more understandable and easier to read. The second set of changes is tech- nical in nature. These changes reflect the ongoing i planning of our airport, and current regulations of the ago r r y ..> FAA. One of these technical changes is particularly , significant, since it makes one OCL and OA zone smaller. The third change adds a new section to the ordinance which provides for possible modifications to the restrictions. without having to file for special i ._'exceptions. . Q. ..�. Which OCL and OA Zones are being made smaller and why? A. If you look at the diagram of the airport runways, you I will see runway number 6. It is the fan shaped area radiating to the southwest from the end of that runway which is being made smaller. For many years the long I range, plan for the airport contemplated an extension of runway 6 of 1000 feet. However, for a variety of rea- sons, we now feel that at its present 4300 feet, runway > 6 is -at .its final length. - Some of these reasons: costs for runway - expansions are; generally much higher, and because of terrain problems this would be a very costly expansion; landing instrument systems are being ,advanced modernizedand may not require as much area; newer. air- planes are not requiring as much runway - more than 97% of. the general aviation fleet can utilize our present runway system. { 0. By the way, some people have said that certain airplanes are not permitted at our airport. Is that true? A. No. Any, properly registered airplane operated by a , licensed pilot may operate at the Iowa City Airport. 7Jr Q. Earlier you mentioned that the FAA has regulations that I are similar to our airport zoning ordinance. If that's a.. the case, why do we need airport zoning?° A. There are at least two good reasons. First, we depend, on the FAA to assist us in maintaining the safe condi- tion of our airport. We recently completed a major run-, way repair project utilizing $320,000 in federal funds.' u.' As part of. our grant agreement, we have given the FAA f' - our -assurances that we will use airport zoning to watch over the land use around the airport. The second, and much more important reason, is that it is the right thin9'.to do, We have never had a serious accident at our airport and ,.•y,,,,, , , ., ., hopefully we never will. But prudent planners will take' y„{r every reasonable precaution to assure the safety of the people on the ground,as well as those in the aircraft. ”. Consider the possible consequences of an airplane in u difficulty, being unable to reach the runway, and ..I i -'encountering a shopping center or housing development. - is j k. iAY R tA��l '.T � �4 I A. In an iceal. SlLuaiion, iL wuulu u= uw�6=, w the land around the airport undeveloped. But. remember', 8_ government cannot confiscate land. In order for land' to remain`undeveloped, it would have .to be purchased and nor- the cost to the citizens who pay the bill would be enor- mous..Like;much of the developed portions- of Iowa City mous. Like much and Johnson County, the proposed Walmart development is' affected by the ordinance, but since it is not in oneof. the 6 fan shaped areas considered critical for airport. .; safety, it is not subject to the more restrictive regu-. ll ,# lations in the ordinance. Since we cannot afford to buy the hundreds of acres of developed and developable land around the airport, we T must rely; upon the, reasonableness -of those whom we have chosen to represent us and we can only hope for a 1 reasonable response from the community. ti rip - 71,n I a f k. iAY R tA��l '.T � �4 I p Ali + i! ORDINANCENO. 89-3445 y'•; ORDINANCE AMENDING CHAPTER 17 OF THE CODE OF - t;. ORDINANCES OF THE CITY OF IOWA CITY, IOWA, BY - ;, AMENDING SECTIONS 17.2 AND 17.3 TO REQUIRE n. OWNERS OF RENTAL PROPERTY NOT RESIDENTS OF JOHNSON COUNTYAND CONDOMINIUM ASSOCIATIONS TO iS DESIGNATE A LOCAL AGENT EMPOWERED TO REPRESENT ' - I A PROPERTY OWNER(S) CONCERNING COMPLIANCE WITH THE IOWA CITY HOUSING CODE. ' BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY: 51 - SECTION I. That Chapter 17 of the Code of the Ordinances of the City of Iowa City, be and the same Is hereby amended by adding the following definitions of Designated Agent and Reside In section 17.2 to be codiied the same to read as _. Yollowsi .,.". Designated Agent Designated Agent shall be theperson designated by owner(s) of rental property who, are not residents of r� Johnson County, as well as Condominium Associations, ) who has authorityto act on the ownersbehalf to accept .. 1 service of legal processes and notices, and to authorize repairs as required. .._ Reside. r r :Reside shallmean the place Where .a person has '.-established res idence and physically resides not less + < ,legal : than ,10 months of any applicable calendar year. .SECTION It. That Chapter 17 of the Code of Ordinances of the,. City of Iowa City,. Iowa, be and the sameis hereby- amended by adding a new Section 17.3(v) to read as follows: _s (v). Designation and Registration: of Designated . Owners of rental property not residing In Johnson t " County, Iowa, and/or condominium associations shall designate and register with the City of Iowa ,1 City In the Office of the Department of Housing •+ and Inspection Services a Designated Agent I ,, - ., located In Johnson County. and empowered to ,. , represent a property owner(s) . in matters + concerning compliance with the Iowa City Housing Code. and as defined In. Section, 17.2. Failure to designate and register a Designated Agent Is a violation of this Chapter and may result In - ` revocation of a rental permit. SECTION Ill. REPEALER; All ordinances and parts of ordinances In conflict with the provisions of this Ordinance are - ! hereby repealed. SECTION IV. SEVERABILfTY: If any section, provision or part of the Ordinance shall : be adjudged to be Invalid . or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part y„ thereof not adjudged invalid or unconstitutional. Ai SECTION V. EFFECTIVE DATE: This Ordinance shall be in v r - effect. after he final passage, approval and publication as required by taw, roe , ti f k x {jft' Y � �� .. 4' .. �, �. I � !. ,: " ;., _. _. r . j - . ,.