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HomeMy WebLinkAbout1983-08-05 OrdinanceORDINANCE NO. Revised 8-2-83 AN ORDINANCE AMENDING CHAPTER 8.10, THE ZONING ORDINANCE OF THE MUNICIPAL CODE OF THE CITY OF IOWA CITY, IOWA, BY DELETING SECTION 8.10.50, AIRPORT OVERLAY ZONES, AND SUBSTITUTING IN LIEU THEREOF A NEW SECTION 8.10.50. BE IT ORDAINED BY THE CITY OF IOWA CITY, IOWA: SECTION 1. PURPOSE. The purpose of this ordinance is to implement the Iowa City Municipal Airport Master Plan by establishing Airport Overlay Zones consistent with said plan and establishing a clear overlay zone within which uses which would be incompatible with the airport are prohibited. SECTION 2. AMENDMENTS. Section 8.10.50 is hereby amended by deleting said section and inserting the following: I 8.10.50 Airport overlay zones. i 8.10.50.1 Findings. r (a) The creation or establishment of an airport hazard is a public nuisance causing potential injury 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 be prevented and that this be accomplished, to the extent legally possible, by proper exercise of the police power; (c) The prevention of the creation or establishment of airport hazards, and the elimination, removal, alteration, mitigation or marking and r lighting of existing airport hazards are public purposes for which the City may raise and expend public funds, as an incident to the operation of the airport, to acquire land or property interests therein; Bcaus of t tof (d) ttractin birdsSewhich 9n turnparelhazardousntoaaYrcraftfinlflight,landils foralandfills { are not considered compatible with airport operations; and (e) It is highly desirable that there be no structures or natural objects i or traverse ways in the clear zones and that no incompatible uses be allowed in the clear zone. 8.10.50.2 Definitions. The following definitions only apply in the interpretation and enforcement of the airport overlay zones. (a) Air ort. The Iowa City Municipal Airport. (b) Airport elevation. The highest point of the airport's usable landing area measured in feet above mean sea level, which elevation is established to be 661 feet. 4j MICROFILMED BY �I '.JORM MICROLAB I CEDAR RAPIOS•DES'MOINES r J._ Ordinance No. Page 2 (c) Airpor_ t� Any structure, tree or use of land which would exceed the Federal obstruction standards as contained in FAR Part 77 - Subpart C of Federal Regulations as revised March 4, 1972, and which obstruct 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. (d) Airport Layout exPlan. 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. (e) Airport primary surface. A surface longitudinally centered on a runway which extends 200 feet beyond the end of a runway. The width of the primary surface of a runway shall be that width prescribed in Part 77 of the Federal Aviation Regulations (FAR) 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 centerline. (f) Airspac�ht For the purpose of determining the height limits in all zones set forth herein and shown on the Airport Height Zoning Map, the datum shall be mean sea level specified. elevation unless otherwise (g) Instrument A runway with an existing instrument approach Procedure or for which an instrument approach procedure has been approved or planned. (h)Airport Mas airport ter Plan. A comprehensive plan for development of the rport over a 20 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. The Airport Layout Plan is a component part of the Master Plan. (i) Minimum descent altitude. The lowest altitude, expressed in feet above mean sea level, to which descent is authorized on final approach or during circle -to -land maneuvering in execution of a standard instrument approach procedure and where no electronic glide slope is provided. (j) Minimum enroute altitude. The altitude in effect between radio fixes which assures acceptable navigational signal coverage and meets obstruction clearance requirements between those fixes. (k) 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 the entire route segment and which assures acceptable navigational signal coverage within 22 miles of a VOR. (1) Runway. A defined area on an airport prepared for landing and takeoff of aircraft along its length. (m) Visual runway. ���• A runway intended solely for the operation of aircraft using visual approach precedures with no straight -in C MICROFILMED BY `.JORM MICRO_ LAB CEDAR RAPIDS -DES MOINES Ordinance No. Page 3 instrument approach procedure and no instrument designation indicated an a FAA approved airport layout plan or by any planning document submitted to the FAA by competent authority. 8.10.50.3 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 Height Zoning Map. A structure located in more than one (1) 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 follows: (a) Horizontal Overlay (OH) Zone. (1) Defined. The land laying under a horizontal plane 150 feet above the established airport elevation, the perimeter of which is constructed by: a. Swinging arcs of 5,000 foot radii from the center of each end of the primary surface of runways 12 and 17 and connecting the adjacent arcs by lines tangent to those arcs, and b. Swinging arcs of 10,000 foot radii from the center of each end of the primary surface of runways 6, 24, 30 and 35 and connecting the adjacent arcs by lines tangent to those arcs. (NOTE: The radius of the arc specified for each end of a runway will have the same arithmetical value. That value will be the highest determined for either end of the runway. When a 5,000 foot arc is encompassed by tangents connecting two adjacent 10,000 foot arcs, the 5,000 foot arc shall be disregarded on the construction of the perimeter of the horizontal surface.) (2) Height limitation. No structure shall exceed 150 feet above the established airport elevation in the ON Zone, as depicted on the Airport Height Zoning Map. (3) Use limitation. Sanitary landfills shall not be permitted in the ON Zone. (b) Conical Overlay (OC) Zone. (1) Defined. The land lying under a surface extending outward and upward from the periphery of the horizontal surface at a slope of 20 to 1 for a horizontal distance of 4,000 feet. (2) Height limitation. No structure shall penetrate the conical surface in the OC Zone, as depicted on the Airport Height Zoning Map. (3) Use limitation. Sanitary landfills shall not be permitted in the OC Zone. 1ssP MICROFILMED V "JORM MICROLAB I CEDAR RAPIDS -DES MOINES', r --- 11 J . t Ordinance No. Page 4 - (c) Approach Overlay (OA) Zone. (1) Defined. The land lying under a surface longitudinally centered on the extended runway centerline 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. 500 feet wide for runways 12, 17, 30 and 35. 2. 1000 feet wide for runways 6 and 24. b. The outer edge of the approach surface is: 1. 1,500 feet for runways 12 and 17. 2. 3,500 feet for runways 6, 30 and 35. 3• 4,000 feet for runway 24. C. The approach surface zone extends for a horizontal distance of: 1. 5,000 feet at a slope of 20 to 1 for runways 12 and { 17. i 2. 10,000 feet at a slope of 34 to 1 for runways 24 and 35. 3. 2200 feet at a slope of 20 to 1; thence level at an elevation of 791 feet MSL from 2200 feet to 3740 feet; thence from 3740 feet to 10,000 feet at a slope of 34 to 1 for runway 6. 4• 10,000 feet at a slope of 20 to 1 for runway 30. (2) Heisurflimitation. ace inthe OA Zone as depicted onithe Airpo teHeightpl enetrate Zoning Map. (3) Use limitation. Sanitary landfills shall not be permitted in the OA Zone. (d) Clear Overlay (OCL) Zone. (1) Defined. The land lying under portions of the OA Zone and described as follows: a• Runway 6 - 1000 feet wide at the inner edge of the OA Zone and 1425 feet wide a distance of 2700 feet from the inner edge. b. Runways 12 and 17 - 500 feet wide at the inner edge of the OA Zone and 700 feet wide a distance of 1000 feet from the inner edge. .MICROFILMED BY - � ` ':DORM MICROLAB I CEDAR RANDS•DES-MOINES /SSS' I Ordinance No. _ Page 5 C. Runway 24 - 1000 feet wide at the inner edge of the OA Zone and 1510 feet wide a distance of 1700 feet from the inner edge. d. Runways 30 and 35 - 500 feet wide at the inner edge of the OA Zone and 1010 feet wide a distance of 1700 feet from the inner edge. (2) Use limitations. No use shall be permitted in which there is connected therewith a building designed according to the Uniform Building Code (1979 Edition) with an occupancy rating of 50 square feet of floor area per person or less. In addition, the following uses shall not be permitted: (a) Campgrounds. (b) Fairgrounds. ! (c) Hospitals and institutions. i Y (d) Motels and hotels. (e) Nursing and custodial homes. j i (f) Residential uses. (g) Restaurants and similar eating and drinking establishments. j (h) Sanitary landfills. (i) Schools, including nurseries, pre -kindergartens and � kindergartens. (j) Stadiums. (k) Storage of fuel or other hazardous materials. (1) Theaters. r (e) Transitional Overlay (OT) Zone. (1) Defined. The land lying under those surfaces extending outward and upward at right angles to the runway centerline and the runway centerline extended at a slope of 7 to 1 from the sides of the primary surface and from the sides of the approach surfaces. (2) Height limitation. No structure shall penetrate the transitional surface in the OT Zone, as depicted on the Airport Height Zoning Map. (3) Use limitation. Sanitary landfills shall not be permitted in the OT Zone. FY i Ct IMICROFILMED BY d' iJORM MICROLAB CEDAR RAPIDS -DES NOINES i I II Ordinance No. Page 6 - 8.10.50.4 Use restrictions. In addition to the above restrictions on land, the following special requirements shall apply. (a) Any person who proposes any development of greater height than an imaginary surface extending outward and upward at the slope of 100 to 1 for a horizontal distance of 20,000 feet from the nearest point of the nearest runway shall notify the Federal Aviation Administration (FAA). One executed form set (four copies) of FAA Form 7460-1, Notice of Proposed Construction or Alteration shall be sent to the Cheif, Air Traffic Division, of the FAA Regional Office in Kansas City, Missouri, and one copy to the Iowa City Airport Commission. (Copies of FAA Form 7460-1 may be obtained form the FAA.) (b) 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. (c) Lighting. (1) All lighting or illumination used in conjunction with street, parking, signs or use of land and structures shall be arranged and operated in such a manner that it is not misleading or dangerous to aircraft operating from the airport or in the vicinity thereof. (2) The owner of any structure over 200 feet above ground level shall install on the structure lighting in accordance with Federal Aviation Administration (FAA), Advisory Circular 70- 7460 and amendments. (3) Any permit or variance granted may be so conditioned as to i require the owner of the structure or growth in question to permit the City to install, operate and maintain thereto such markers or lights as may be necessary to indicate to pilots the presence of an airspace hazard. (d) No operations from any use shall produce electronic interference with navigation signals or radio communication between the airport and aircraft. 8.10.50.5. Special exceptions (a) The height and use limitations contained in the Airport Overlay Zones may be modified by special exception granted by the Board of Adjustment (the "Board"). However, no such special exception shall be granted unless the Board finds, based upon written reports 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 limitations of the Airport Overlay Zones, that such structure, tree, or use of land, would not obstruct either the airspace required for the flight of aircraft, or landing and take -off of aircraft at the Airport, and is MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES MOINES I Ordinance No. !!-A Page 7 - otherwise not hazardous to such landing or take -off of aircraft. (2) In an application to permit a use of land otherwise prohibited here n, that such use would not be incompatible with airport operations. (b) An applicant for a special exception hereunder shall, as part of the application submitted to the Board, file the required written reports of the Federal Aviation Adminstration, 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 reports have been filed. SECTION 3. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this ordinance are hereby repealed. SECTION 4. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such ajudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION 5. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication as required by law. } Passed and approved this ATTEST: CITY CLERK MAYOR Rece1v0d A ANWAFW By The Logal D n�w MICROFILMED BY 'JORM MICROLAB CEO AR RAP IDS- DES MOINES, r 1 . Ordinance No. Page 8 It was moved by , and seconded by that the Ordinance as read be adopted and upon roll call there were: AYES: NAYS: ABSENT: BALMER DICKSON ERDAHL LYNCH MCDONALD NEUHAUSER PERRET First consideration 8/2/83 Vote for passage: Ayes: Dickson, Erdahl, Lynch, McDonald, Perret. Nays: None. Abstaining: Balmer. Absent: Neuhauser. Second consideration 8/5/83 (4:30 Vote for passage: Ayes: None. Nays: Dickson, Erdahl, Lynch, McDonald. Abstaining: Bahner. Absent: Neuhauser, Perret. Date published X5.4 a MICROFILMED BY fJORM iMICROLAB CEOARRAPIDS•DES MOINES. ._ _.._.._._..--------------- -' J r V20 ORDINANCE NO. Revised 8-5-83 AN ORDINANCE AMENDING CHAPTER 8. 10, THE ZONING ORDINANCE OF THE MUNICIPAL CODE OF THE CITY OF IOWA CITY, IOWA, BY DELETING SECTION 8.10.50, AIRPORT OVERLAY ZONES, AND SUBSTITUTING IN LIEU THEREOF A NEW SECTION 8.10.50. BE IT ORDAINED BY THE CITY OF IOWA CITY, IOWA: SECTION 1. PURPOSE. The purpose of this ordinance is to implement the Iowa City Municipal Airport Master Plan by establishing Airport Overlay Zones consistent with said plan and establishing a clear overlay zone within which uses which would be incompatible with the airport are prohibited. SECTION 2. AMENDMENTS. Section 8.10.50 is hereby amended by deleting said section and inserting the following: 8.10.50 Airport overlay zones. 8.10.50.1 Findings. (a) The creation or establishment of an airport hazard is a public nuisance causing potential injury 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 be' prevented and that this be accomplished, to the extent legally possible, by proper exercise of the police power; (c) The prevention of the creation or establishment of airport hazards, and the elimination, removal, alteration, mitigation or marking and lighting of existing airport hazards are public purposes for which the City may raise and expend public funds, as an incident to the operation of the airport, to acquire land or property interests therein; (d) Because of the propensity of sanitary landfills for attracting birds, which in turn are hazardous to aircraft in flight, landfills are not considered compatible with airport operations; and (e) It is highly desirable that there be no structures or natural objects or traverse ways in the clear zones and that no incompatible uses be allowed in the clear zone. 8.10.50.2 Definitions. The following definitions only apply in the interpretation and enforcement of the airport overlay zones. (a) Airport. The Iowa City Municipal Airport. (b) Airport elevation. The highest point of the airport's usable landing area measured in feet above mean sea level, which elevation is established to be 661 feet. MICROFILMED BY I tti '.JORM MICROLAB i CEDAR RAPIDS -DES MOINES )r /sSO J Ordinance No. Page 2 (c) Airport hazard. Any structure, tree or use of land which would exceed the Federal obstruction standards as contained in FAR Part 77 - Subpart C of Federal Regulations as revised March 4, 1972, and which obstruct 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. (d) 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. (e) Airport giTary surface. A surface longitudinally centered on a runway which extends 200 feet beyond the end of a runway. The width of the primary surface of a runway shall be that width prescribed in Part 77 of the Federal Aviation Regulations (FAR) 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 centerline. (f) Airspace height. For the purpose of determining the height limits in all zset onesown the rt ht Zonin specified. (g) Instrument A runway with an existing instrument approach procedure or for which an instrument approach procedure has been approved or planned. (h) Airport Master Plan. A comprehensive plan for development of the airport over a 20 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. The Airport Layout Plan is a component part of the Master Plan. (i) Minimum descent altitude. The lowest altitude, expressed in feet above mean sea level, to which descent is authorized on final approach or during circle -to -land maneuvering in execution of a standard instrument approach procedure and where no electronic glide slope is provided. (j) Minimum enroute altitude. The altitude in effect between radio fixes which assures acceptable navigational signal coverage and meets obstruction clearance requirements between those fixes. (k) Minimum obstruction clearance altitude. The specified altitude in effect between io radfixes 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 22 miles of a VOR. (1) Runway. A defined area on an airport prepared for landing and takeoff of aircraft along its length. (m) Visual runway, A runway intended solely for the operation of aircraft using visual approach precedures with no straight -in �SSO MICROFILMED BY t+' JORM MICRO_ LAB CEDAR RAPIDS -DES MOINES j J ' I J Ordinance No. Page 3 instrument approach procedure and no instrument designation indicated on a FAA approved airport layout plan or by any planning document submitted to the FAA by competent authority. 8.10.50.3 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 Height Zoning Map. A structure located in more than one (1) 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 follows: (a) Horizontal Overlay (OH) Zone. (1) Defined. The land laying under a horizontal plane 150 feet above the established airport elevation, the perimeter of which is constructed by: a. Swinging arcs of 5,000 foot radii from the center of each end of the primary surface of runways 12 and 17 and connecting the adjacent arcs by lines tangent to those arcs, and b. Swinging arcs of 10,000 foot radii from the center of each end of the primary surface of runways 6, 24, 30 and 35 and connecting the adjacent arcs by lines tangent to those arcs. (NOTE: The radius of the arc specified for each end of a runway will have the same arithmetical value. That value will be the highest determined for either end of the runway. When a 5,000 foot arc is encompassed by tangents connecting two adjacent 10,000 foot arcs, the 5,000 foot arc shall be disregarded on the construction of the perimeter of the horizontal surface.) i (2) Height limitation. No structure shall exceed 150 feet above the - established airport elevation in the OH Zone, as depicted on the Airport Height Zoning Map. (3) Use limitation. Sanitary landfills shall not be permitted in the OH Zone. (b) Conical Overlay (OC) Zone. (1) Defined. The land lying under a surface extending outward and upward from the periphery of the horizontal surface at a slope of 20 to 1 for a horizontal distance of 4,000 feet. (2) Height limitation. No structure shall penetrate the conical• surface in the OC Zone, as depicted on the Airport Height Zoning Map. (3) Use limitation. Sanitary landfills shall not be permitted in the OC Zone. /SSP vl C MICROFILMED M I '.JORM MICROLAB f CEDAR RAPIDS•DES MOINES i Ordinance No. Page 4 (c) Approach Overlay (OA) Zone. (1) Defined. The land lying under a surface longitudinally centered on the extended runway centerline 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. 500 feet wide for runways 61 12, 17, 30 and 35. 2. 1000 feet wide for runway 24. b. The outer edge of the approach surface is: 1. 1,500 feet for runways 12 and 17. 2. 3,500 feet for runways 6, 30 and 35. 3. 4,000 feet for runway 24. C. The approach surface zone extends for a horizontal distance of: 1. 5,000 feet at a slope of 20 to 1 for runways 12 and 17. 2. 10,000 feet at a slope of 34 to 1 for runways 6, 24 and 35. 3. 780 feet at a sloe of 20 to I. thence level at an elevation of 687 feet MSL from 780 feet to 3 ee ; thence from 1326 feet to 10 000 feet at a slope of 34 to 1 for runway 30. (2) Height limitation. No structure shall penetrate the approach surface in the OA Zone, as depicted on the Airport Height Zoning Map. (3) Use limitation. Sanitary landfills shall not be permitted in the OA Zone. (d) Clear Overlay (OCL) Zone. (1) Defined. The land longitudinally centered on the runway centerline or extension thereof lying under portions of the OA Zone and described as follows: a. Runway 6 - 1000 feet wide beninninn a♦ onn �r Cj MICROFILMED BY IJORM MICROLAB CEDAR RAPIOS•DES'MOINES ' r `-1 ;a Ordinance No. Page 5 b. C. L Runways 12 and 17 - 500 feet wide at the inner edge of the OA Zone and 700 feet wide a distance of 1000 feet from the inner edge. Runway 24 - 1000 feet wide beginning ata point 490 feet southwesterly on the runway cents rt,no from rho re f d. Runways 30 and 35 - 500 feet wide at the inner edge of the OA Zone and 1010 feet wide a distance of 1700 feet from the inner edge. (2) Use limitations. No use shall be permitted in which there is connected therewith a building designed according to the Uniform Building Code (1979 Edition) with an occupancy rating of 50 square feet of floor area per person or less. In addition, the following uses shall not be permitted: (a) Campgrounds. j (b) Fairgrounds. (c) Hospitals and institutions. t (d) Motels and hotels. (e) Nursing and custodial homes. (f) Residential uses. I i (g) Restaurants and similar eating and drinking � establishments. (h) Sanitary landfills. � f (i) Schools, including nurseries, pre -kindergartens and kindergartens. (j) Stadiums. (k) Storage of fuel or other hazardous materials. i (1) Theaters. (e) Transitional Overlay (OT) Zone. (1) Defined. The land lying under those surfaces extending outward and upward at right angles to the runway centerline and the runway centerline extended at a slope of 7 to 1 from the sides of the primary surface and from the sides of the approach surfaces. MICROFILMED BY i +4 !JORM MICROLAB I 'CEDAR RAPIDS•DES'I401NE5 r J.- 1 ■ Ordinance No. .- Page 6 (2) Height limitation. No structure shall penetrate the transitional surface in the OT Zone, as depicted on the Airport Height Zoning Map. (3) Use limitation. Sanitary landfills shall not be permitted in the OT Zone. 8.10.50.4 Use restrictions. In addition to the above restrictions on land, the following special requirements shall apply. (a) Any person who proposes any development of greater height than an imaginary surface extending outward and upward at the slope of 100 to 1 for a horizontal distance of 20,000 feet from the nearest point of the nearest runway shall notify the Federal Aviation Administration NotiOne Propo ed onst Construction form set (four copies) shall be sent7to0the ice of Cheif,' Air Traffic Division, of the FAA Regional Office in Kansas City, Missouri, and one copy to the Iowa City Airport Commission. (Copies of FAA Form 7460-1 may be obtained form the FAA.) (b) 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. (c) Lighting. (1) All lighting or illumination used in conjunction with street, parking, signs or use of land and structures shall be arranged and operated in such a manner that it is not misleading or dangerous to aircraft operating from the airport or in the vicinity thereof. (2) The owner of any structure over 200 feet above ground level shall install on the structure lighting in accordance with Federal Aviation Administration (FAA), Advisory Circular 70- 7460 and amendments. (3) Any Permit or variance granted may be so conditioned as to require the owner of the structure or growth in question to permit the City to install, operate and maintain thereto such markers or lights as may be necessary to indicate to pilots the presence of an airspace hazard. (d) No operations from any use shall produce electronic interference with navigation signals or radio communication between the airport and aircraft. 8.10.50.5. Special exceptions (a) The height and use limitations contained in the Airport Overlay Zones may be modified by special exception granted by the Board of Adjustment (the "Board"). However, no such special exception shall be granted unless the Board finds, based upon written reports from the Federal Aviation Administration, and the Aeronautics Division of the Iowa Department of Transportation, that - ISsa l MICROFILMED BY '.JORM MICROLAB t CEDAR RAPIDS -DES -MOINES r `-1 :I 1 a I i Ordinance No. Page 7 (1) In an application to permit any structure, tree, or use of land to exceed the height limitations of the Airport Overlay Zones, that such structure, tree, or' use of land, would not obstruct either the airspace required for the flight of aircraft, or landing and take -off of aircraft at the Airport, and is otherwise not hazardous to such landing or take -off of aircraft. (2) In an application to permit a use of land otherwise prohibited herein, that such use would not be incompatible with airport operations. (b) An applicant for a special exception hereunder shall, as part of the application submitted to the Board, file the required written reports of the Federal Aviation Adminstration, 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 reports have been filed. SECTION 3. REPEALER. All ordinances and parts of ordinances in conflict with the provtston of this ordinance are hereby repealed. SECTION 4. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such ajudication shall not affect the validity of the Ordinance as a whole or any section, provision or part unconstitutional. thereof not adjudged invalid or SECTION 5. EFFECTIVE DATE. This Ordinance shall be in effect after its ap final passage, proval and publication as required by law. Passed and approved this MAYOR ATTEST: CITY CLERK ��. ( MICROFILMED DY �JORM MICROLAB '.CEDAR RAPIDS•DES^MOINES- r _J II ( OMNI Ordinance No. Page 8 It was moved by and seconded by that the Ordinance as read be adopted and upon roll call there were: AYES: NAYS: ABSENT: BALMER DICKSON ERDAHL LYNCH MCDONALD NEUHAUSER PERRET First consideration Vote for passage: Second consideration Vote for passage: Date published �S I' MICROFILMED V !DORM N41CROLAB I '.CEDAR RAPIDS•DES-MOi.NES' I