HomeMy WebLinkAbout1982-08-31 OrdinanceW.,
ORDINANCE NO. 82-3077
ORDINANCE AMENDING THE ZONING ORDINANCE CHAPTER
8.10 OF THE CODE OF ORDINANCES BY ESTABLISHING
AIRPORT OVERLAY ZONES.
BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF
IOWA CITY, IOWA.
SECTION 1. PURPOSE. The purpose of this Ordinance
is to amend the Zoning Ordinance by establishing
Airport Overlay Zones.
SECTION 2. AMENDMENT. The Zoning Ordinance is
hereby amended by adding Section 8.10.50 Airport
Overlay Zones.
Sec. 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; and
(c) The prevention of the creation or establish-
ment 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.
Sec. 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.
(c) Airport hazard. Any structure, tree or use of
land which would exceed the Federal obstruc-
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tion standards as contained in Sections 77.21,
77.23, and 77.25 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 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.
(e)Airspace height. 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
elevation unless otherwise specified.
(f) Control zone. Airspace extending upward from
the surface of the earth, which is a circular
area of five (5) miles in radius, with
extensions where necessary to include
instrument approach and departure paths.
(g) Instrument runway. A runway having an
existing instrument approach procedure
utilizing air navigation facilities or area
type navigation equipment for which an
instrument approach procedure has been
approved or planned.
(h) 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.
(i) Minimum enroute altitude. The altitude in
effect between radio fixes which assures
acceptable navigational signal coverage and
meets obstruction clearance requirements
between those fixes.
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(j) Minimum obstruction clearance altitude. The
specified altitude in effect between radio
fixes oI 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.
(k) Runway. A defined area on an airport prepared
for landing and takeoff of aircraft along its
length.
(1) 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 indicated on an FAA
approved airport layout plan, a military
services approved military airport layout
plan, or by any planning document submitted to
the FAA by competent authority.
Sec. 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 lying under a horizon-
tal 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, 30,
17 and 35 (visual and non -precision
instrument utility runways) 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 and 24
(instrument runways) and connecting
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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 OH zone, as
depicted on the Airport Height Zoning
Map.
(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.
(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. 250 feet wide for runways 12
and 30 (visual utility
runways).
1.51"
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500 feet wide for runways 6,
17, 24 and 35 (visual other
than utility runways and non -
precision instrument runways).
outer edge of the approach
ce is:
1,250 feet for runways 12 and
30 (visual utility runways).
1,500 feet for runways 17 and
24 (visual other than utility
runways).
2,000 feet for runway 35 (non -
precision instrument utility
runway).
3,500 feet for runway 6 (non -
precision instrument other
than utility runway).
approach surface zone extends
I horizontal distance of:
5,000 feet at a slope of 20 to
1 for runways 12, 30, 17, 35
and 24 (visual and non -
precision instrument utility
runways).
10,000 feet at a slope of 34 to
1 for runway 6 (non -precision
instrument other than utility
runway).
imitation. No structure shall
the approach surface in the OA
depicted on the Airport Height
P.
verlay (OT) Zone.
The land lying under those
extending outward and upward at
lies to the runway centerline and
iy centerline extended at a slope
1 from the sides of the primary
and from the sides of the
surfaces.
imitation. No structure shall
a the transitional surface in the
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OT zone, as depicted on the Airport
Height Zoning Map.
Sec. 8.10.50.4. Use restrictions.
No use shall be made of land or water in such a
manner as to interfere with the operation of any
airborne aircraft. The following special require-
ments shall apply to each use:
(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) 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 70-7460-10 and amend-
ments. Additionally, any structure,
constructed after effective date of this
chapter and exceeding 949 feet above
ground level, shall install on that
structure high intensity white obstruc-
tion lights in accordance with Chapter 6
of FAA Advisory Circular 7460-10 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.
(c) No operations from any use shall produce
electronic interference with navigation
signals or radio communication between the
airport and aircraft.
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Sec. 8.10.50.5. Special exceptions.
The Board of Adjustment may grant a special excep-
tion under the provisions of Sec. 8.10.28 to permit
any structure, tree or use of land to exceed the
height limitations herein. No such special
exception shall be granted, however, unless the
Federal Aviation Administration and the Aeronautics
Division of the Iowa Department of Transportation
shall have indicated that such structure, tree or
use of land would not obstruct the airsapce
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.
SECTION REPEALER. All ordinances and parts of
ordinances in conflict with the provision of this
ordinance are hereby repealed.
SECTION . 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 EFFECTIVE DATE. This Ordinance shall be
in effect after its final passage, approval and
publication as required by law.
Passed and approved this 31st day of August, 1982.
MAYOR
ATTEST:
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It was moved by Balmer , and seconded by Perret
that the Ordinance as read be adopted and upon roll call there were:
AYES: NAYS: ABSENT:
x BALMER
DICKSON
x ERDAHL
X LYNCH
x MCDONALD
NEUHAUSER
y PERRET
y_
First consideration 8/17/82
Vote for passage: yes: ync cDonald, Perret,
Balmer, Dickson. Nays: None. Absent: Neuhauser,
Erdahl.
Second consideration XXXXXXXXXXXXXXX
Vote for passage:
. Date published Sept. 8, 1982
i
Moved by Balmer, seconded by Perret, 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 and second "consideration and vote be waived
and the ordinance be voted upon for final passage at
this time. Ayes: Erdahl, Lynch, McDonald, Neuhauser,
Perret, Balmer, Dickson. Nays: None.
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ORDINANCE NO. 82-3078
ORDINANCE AMENDING CHAPTER 4 (AIRPORT) OF THE CODE OF ORDINANCES OF IOWA CITY,
IOWA.
SECTION I. PURPOSE. The purpose of this amendment is to repeal Sections 4-38,
-39, 4-40 and 4- 3, because they no longer apply to airport operations, to
amend Section 4-37 to add minimum operating standards for lessees desiring to
operate at the Iowa City Airport, to amend Section 4-36 by adding "Regulations
of the Federal Aviation Administration" in place of outdated language, to amend
Section 4-48 by changing the words habit-forming drugs to controlled substance
and by excluding personal possession of intoxicating liquor or controlled
substances as an offense, to amend Section 4-54 by changing the term "City
Council" to Airport Commission and repealing former paragraph (b), and to amend
Section 4-68 by adding the term Air Force between Army and Navy.
SECTION II. AMENDMENT. Sections 4-38, 4-39, 4-40, 4-53 and paragraph (b) of
Section 4-54 are hereby repealed.
Section 4-36 is hereby amended to read as follows:
Sec. 4-36. F.A.A. regulations; air traffic regulations.
No person shall navigate any aircraft over, land upon, or fly the same
from, or service, maintain, or repair an aircraft on the airport, or
conduct any aircraft operations on or from the airport otherwise than in
conformation with the regulations of the Federal Aviation Administration
now in effect and which are hereby adopted by reference and made a part of
these rules as fully as if the same and each and all of them were completely
set forth herein.
Section 4-37 is hereby repealed and a new Section 4-37 is hereby created by
substituting the following:
Sec. 4-37. Use of airport.
(a) No person shall use the airport as a base or terminal for the carrying
on of commercial aviation or the carrying of passengers, freight,
express or mail, or for student flying, communications, or any other
commercial purpose or transportation without first securing a lease
from the Airport Commission for the property to be used for said
activities. Any lessee desiring to operate at the Iowa City Airport
must comply with the following Minimum Operating Standards:
(1) AIRCRAFT SALES. Any lessee desiring to engage in the sale of new
or used aircraft must lease and/or provide as a minimum as
follows:
Basic Requirements for Land. The leasehold shall contain 7500
square feet of land to provide space for a building, storage of
aircraft, and display of aircraft.
isas
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Basic Requirements for Buildings. The lessee shall lease or
construct 1600 square feet of properly lighted and heated space
for office and public lounge and shall provide a public use
telephone and shall lease or construct 5000 square feet of
aircraft storage space and shall provide indoor public
restrooms.
Basic Requirements for Personnel. Lessee shall provide one
person having a current commercial pilot's certificate and.
current instructors rating with ratings appropriate for the type
of aircraft to be demonstrated and shall provide for an office to
be attended during operating hours.
Basic Requirements for Dealerships. Any aircraft dealers shall
hold an authorized factory or sub -dealership and all aircraft
dealers shall hold a dealership license or permit if any is
required by the State of Iowa.
Basic Requirements for Aircraft. A dealer of new aircraft shall
have available at least three current model demonstrators and
shall provide for demonstrations of additional models of the
manufacturer for which a dealership is held and shall provide an
adequate supply of parts and servicing facilities to customers
during aircraft and parts warranty periods.
Basic Requirements for Services. A dealer of new aircraft shall
provide for the adequate servicing of aircraft and accessories
during all warranty periods and shall provide an adequate supply
of parts for the type of aircraft sold and shall provide for the
repair and servicing of aircraft during the warranty period by
its own facilities.
Basic Requirements for Hours of Operation. A dealer of new
aircraft shall provide operating hours from 8:00 a.m. to 5:00
p.m. for a minimum of five days a week.
Basic Requirements for Insurance Coverage. A dealer of new
aircraft shall provide the following minimum insurance coverage:
Aircraft Liability,
Bodily injury 100,000 per person
1,000,000 per accident
Property damage 200,000 each accident
Passenger liability 100,000 each passenger
100,000 each accident
Comprehensive Public Liability
and Property Damage,
Bodily injury 100,000 each person
1,000,000 each accident
Property damage 200,000 each accident
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PLANT REPAIR. Any lessee desiring to
(2) AIRFRAME AND/OR POWER
engage in airframe and/or power plant repair service must
provide as a minimum the following:
Bic d shall
ontain an
rea
of 75 000 square feet Lto provide space for aall c a
buildings
temporary parking of aircraft, and shall provide increased land
area to provide additional tfacilities suchate lot as private paved
auto
parking, paved ramp
pedestrian access walkway, etc.
Basic Requirements for Buildings. The lessee uffishall
lto provide
lease an
existing facility or construct a buildmeetin local and state
ient
7,500 square feet of shop space,
9
industrial code requirements, and shad lease or construct
additional building space with a minimum of 500 squarefeet
to
provide properly lighted and heated space for office,
er
lounge, public restrooms, and public telephone.
ovide one
Basic Requirements for PersonFe�l with ratingee s apprll opriate for
person currently certified by ower plant
work being performed, who may hold an airframe and/or p
rating.
Basic Requirements for Hours of Operation. The lessee shall
provide normal operating hours from 8:and sha DU provide fora.m. to0 m hanical
minimum of five daysds onweek,
s call basis.
service during
de
Basic Requirements f suppliesuipmend availability Lessee
parts �to
sufficient equipment,
perform maintenance in accordance with manufacturers'
recommendations or, equivalent and shall
f bas d aircraft ent
equipment to accommodate the standard types o
Basic Requirements for Insurance Coverage. Lessee shall provide
the following minimum insurance coverage:
Comprehensive Public Liability
and Property Damage,
Bodily injury 100,000 each person
1,000,000 each accident
Property damage 200,000 each accident
Products liability 500,000 each accident
(3) AIRCRAFT RENTAL. Any lessee desiring to engage in the rental of
aircraft to the public must provide as a minimum the following:
shall contain 75,000
squarefeet of land toprovide spacefor
RoLh leasehold
daircraft parking and
building.
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Basic Requirements for Buildings. Lessee shall lease or
construct a building which will provide 1600 square feet of
properly heated and lighted office space, including adequate
space for customer lounge, shall provide a public use telephone
and public restrooms and shall lease or construct a building
which will provide 5000 square feet of aircraft storage space.
Basic Requirements for Personnel. Lessee shall provide two
persons having a current commercial and instructor pilot
certificate with appropriate ratings and an FAA approved flight
school and air taxi certificate, and shall provide an office
which is to be attended during operating hours.
Basic Requirements for Aircraft. Lessee shall provide six
airworthy aircraft owned or leased in writing to the lessee of
which four shall be basic trainers and one shall be an advanced
trainer.
Basic Requirements for Hours of Operation. Lessee shall provide
operating hours from 8:00 a.m. to 5:00 p.m. for a minimum of six
days a week.
Basic Requirements for Insurance Coverage for Owned or Leased
Aircraft. Lessee shall provide the following minimum insurance
coverage:
Aircraft Liability,
Bodily injury 100,000 each person
1,000,000 each accident
Property damage 200,000 each accident
Comprehensive Public Liability
and Property Damage,
Bodily injury 100,000 each person
1,000,000 each accident
Property damage 200,000 each accident
(4) FLIGHT TRAINING. Any lessee desiring to engage in pilot flight
instruction shall provide as a minimum the following:
Basic Requirements for Land. The leasehold shall contain 75,000
square feet of land to provide space for lessee's buildings and
aircraft tie downs.
Basic Requirements for Buildings. Lessee shall lease or
construct a building having 1600 square feet of properly lighted
and heated space to provide classroom, briefing room, pilot
lounge, office space, public use telephone, and public
restrooms, and shall lease existing space or construct a
building providing 5000 square feet of aircraft storage space.
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Basic Requirements for Personnel. Lessee shall provide two
persons properly certified by FAA as flight instructors to cover
the type of training offered and a certified FAA flight school
and air taxi certificate, and shall provide a currently
certified ground school instructor and office to be attended
during required operating hours, and certification by FAA as a
pilot school.
Basic Requirements for Aircraft. Lessee shall provide either
six fixed -wing aircraft or two helicopters. In the case of six
fixed -wing aircraft, four shall be basic trainers, one shall be
an advanced trainer and one shall be a twin -engine aircraft. In
either case regarding the above required aircraft, one of which
shall be properly certified for instrument flight instruction.
Basic Requirements for Hours of Operation. Lessee shall provide
operating hours eight hours a day for a minimum of six days a
week.
Basic Requirements for Insurance Coverage for Owned or Leased
Aircraft. Lessee shall provide the following minimum insurance
coverage:
Aircraft Liability,
Bodily injury 100,000 each person
1,000,000 each accident
Property damage 200,000 each accident
Comprehensive Public Liability
and Property Damage
Bodily injury 100,000 each person
1,000,000 each accident
Property damage 200,000 each accident
(5) AIRCRAFT FUELS AND OIL DISPENSING SERVICE. Lessees desiring to
dispense aviation fuels and oil and provide other related
services such as tie down and parking, shall provide as a minimum
the following services and facilities:
Basic Requirements for Land. The leasehold shall contain 20,000
square feet of land to provide for buildings, aircraft parking
area equipped with six tie downs and dispensing equipment.
Basic Requirements for Buildings. Lessee shall construct or
lease a building providing 1600 square feet of properly lighted
and heated floor space for office, public lounge, restrooms, and
shall provide a public use telephone, and shall lease or
construct a building providing 7500 square feet of space for
aircraft storage.
Basic Requirements for Personnel. Lessee shall provide one
properly trained person to be on duty during operating hours.
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Basic Requirements for Aircraft Service Equipment. Lessee shall
provide emergency starting equipment, adequate fire
extinguishers and aircraft engine heaters.
Basic Requirements for Services. Lessee shall provide
facilities to fuel, park and tie down aircraft, and to wash
aircraft, inflate tires, change aircraft engine oil, provide
transportation for aircraft occupants from parking ramp to
office, provide minor repairs and services not requiring
certificated mechanic rating and operate a Unicom.
Basic Requirements for Fueling Facilities. Lessee shall provide
at least one metered filter -equipped dispenser fixed or mobile
for dispensing jet fuel and AV gas from separate storage tanks
having a minimum capacity of 8000 gallons each, and shall provide
at least one mobile dispensing truck having at least 300 gallon
capacity for each grade of fuel and separate dispensing pumps and
meters for each grade of fuel.
Basic Requirements for Hours of Operation. Lessee shall provide
fueling service from 8:00 a.m. to sundown seven days a week and
shall provide on-call service which may be required during the
hours of darkness.
Basic Requirements for Insurance Coverage. Lessee shall provide
the following minimum insurance coverage:
Comprehensive Public Liability
and Public Damage,
Bodily injury
100,000
each
person
1,000,000
each
accident
Property damage
200,000
each
accident
Hangar Keepers
Liability
500,000
each
accident
Products Liability
500,000
each
accident
(6) RADIO, INSTRUMENT, OR PROPELLER REPAIR SERVICE. Lessees
desiring to provide a radio, instrument or propeller repair
service must hold an FAA repair station certificate and ratings
for same and provide as a minimum the following:
Basic Requirements for Land. The leasehold shall contain 7500
square feet of land for building.
Basic Requirements for Buildings. Lessee shall construct or
lease a building providing 1600 square feet of properly lighted
and heated space to house an office, public restroom facilities
and minimum shop and hangar space as required for FAA repair shop
certification and shall provide a public telephone.
Basic Requirements for Personnel. Lessee shall provide one FAA
certificated repairman qualified in accordance with the terms of
the Repair Station Certificate.
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Basic Requirements for Hours of Operation. Lessee shall provide
operating hours from 8:00 a.m. to 5:00 P.M. for a minimum of five
days a week.
Basic Requirements for Insurance Coverage. Lessee shall provide
the following minimum insurance coverage:
Hangar Keepers Liability 500,000 each accident
Comprehensive Public Liability
and Property Damage,
Bodily injury 100,000 each person
1,000,000 each accident
Property damage 200,000 each accident
Products liability 500,000 each accident
(7) AIR TAXI SERVICE. Lessees desiring to engage in air taxi service
must hold an FAA Air Taxi -Commercial Operator Certificate with
ratings appropriate to the functions to be accomplished, and
shall provide as a minimum the following:
Basic Requirements for Land. The leasehold shall contain 75,000
square feet of land for buildings and shall increase land area to
provide additional facilities such as private auto parking,
paved hangar apron and public paved access walkways, etc.
Basic Requirements for Buildings. Lessee shall lease or
construct a building providing a minimum of 1600 square feet of
properly heated and lighted space for office and customer
lounge, shall provide a public telephone and public restrooms,
and shall lease existing facility or construct a hangar
providing 10,000 square feet of storage space.
Basic Requirements for Personnel. Lessee shall provide two FAA
certificated commercial pilots who are apppropriately rated to
conduct single and twin -engine air taxi service.
Basic Requirements for Aircraft. Lessee shall provide either
two four -place aircraft and one twin -engine aircraft, or two
helicopters, all meeting the requirements of the Air
Taxi/Commercial Operator Certificate held and the requirements
of instrument operations capability under FAA Part 135 or FAA
Part 121.
Basic Requirements for Hours of Operation. Lessee shall provide
operating hours twenty-four (24) hours a day, seven days a week.
Basic Requirements for Insurance Coverage. Lessee shall provide
the following minimum insurance coverage:
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Aircraft Liability
Bodily injury 100,000 each person
1,000,000 each accident
Property damage 200,000 each accident
Passenger liability 100,000 each passenger,
each accident
Comprehensive Public Liability
and Property Damage
Bodily injury 100,000 each person
1,000,000 each accident
Property damage 200,000 each accident
(8) AERIAL APPLICATORS. Lessees desiring to engage in aerial
application operations must hold an Agricultural Aircraft
Operator Certificate issued by the FAA under Part 137;
comply with requirements of the State and political
subdivisions thereof; and provide as a minimum the following:
Basic Requirements for Land. Leasehold shall contain
75,000 square feet of land to provide for buildings,
aircraft parking and tie down, and parking space for
loading vehicles and equipment, and shall provide paved
apron for loading, cleaning and servicing of aircraft.
Basic Requirements for Buildings. Lessee shall lease or
construct 320 square feet of building space for office
and storage, shall provide a public use telephone and
shall construct or lease existing hangar providing 1200
square feet of storage space.
Basic Requirements for Personnel. Lessee shall provide
one person holding current FAA commercial certificate,
properly rated for the aircraft to be used and meeting
the requirements of Part 137 of the FAA Regulations and
applicable regulations of the State, and shall provide
one person to assist in loading and servicing of aircraft.
Basic Requirements for Aircraft. Lessee shall provide
one aircraft which will be airworthy, meeting all the
requirements of Part 137 of FAA Regulations and applicable
regulations of the State. This aircraft shall be owned
or leased by agreement in writing and based on the lessee's
leasehold.
Basic Requirements for Facilities. Lessee shall provide
a segregated chemical storage area protected from public
access, and shall provide tank trucks for handling of
liquid spray and mixing liquids and shall provide adequate
ground equipment for handling and loading of dusting
materials.
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Basic Requirements for Hours of Operation. Lessee shall
be available on call 24 hours during the normal aerial
application season.
Basic Requirements for Insurance Coverage. Lessee shall
provide for the following minimum insurance coverage:
Aircraft Liability,
Property damage 200,000 each accident
Comprehensive Public Liability
and Property Damage,
Bodily injury 100,000 each person
1,000,000 each accident
Property damage 200,000 each accident
(9) MULTIPLE SERVICES. Lessees desiring to engage in two or more
commercial aeronautical activities must provide as a minimum the
following:
Basic Requirements for Land. The leasehold for multiple
activities shall contain 75,000 square feet of land to provide
space for specific use area requirements established for the
services to be offered (specific use spaces need not be additive
where combination use can be reasonably and feasibly
established).
Basic Requirements for Buildings. Lessee shall lease or
construct a building containing 1600 square feet to provide
properly lighted and heated space for office, public lounge,
public restrooms and public telephone, and shall lease or
construct a building providing sufficient square footage to meet
the most stringent requirement for building space as provided
for the respective activities to be engaged, and in no case shall
said square footage be less than 7500.
Basic Requirements for Personnel. Multiple responsibilities may
be assigned to personnel to meet personnel requirements for all
activities.
Basic Requirements for Aircraft. Lessee shall provide all
requirements for aircraft for the specific activities to be
engaged in; however, multiple uses can be made of all aircraft,
except aerial applicator aircraft, to meet these requirements.
In order to meet these requirements, however, a minimum of five
fixed -wing aircraft or two helicopters must be owned or under the
direct control of the lessee and based on the lessee's leasehold.
Basic Requirements for Equipment. Lessee shall provide all
equipment, specifically required for each activity.
Basic Requirements for Services. Lessee shall provide all
services specifically required for each activity during the
hours of operation.
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Ordinance No. 82-3078
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Basic Requirements for Hours of Operation. Lessee will adhere to
the operating schedule as required for each activity.
Basic Requirements for Insurance Coverage. Lessee will obtain
the highest single coverage in the amounts established for each
type of insurance required for the specific activity.
(10) GENERAL REQUIREMENTS.
Building space requirements may be provided in one building,
attached buildings or in separate buildings.
All lessee personnel required to hold FAA certificates and
ratings shall maintain such certificates and ratings.
All lessees offering any of the services or combinations thereof
shall do so under written lease with the Airport Commission.
(11) FLYING CLUBS.
a. Definition. For the purposes of this section, a flying club
is:
1. a partnership or corporation the sole assets of which
are aircraft(s) and related property where there are
seven (7) or more equal owners or, if not equal
ownership, then each owner having ownership of not
less than ten percent (10%), or
2. joint -ownership of aircraft(s) and related property,
where there are seven (7) or more equal owners or, if
not equal ownership, then each owner having ownership
of not less than ten percent (10%), or
3. any other partnership, corporation, or any other
entity which meets the above requirements but which
has less than seven (7) owners/members and which
applies to and receives approval from the Airport
Commission to operate at the airport as a flying club.
b. Operational Requirements. The following requirements
pertain to all flying clubs desiring to base their aircraft
on the airport and be exempt from the minimum standards:
I. The club may not derive greater revenue from the use of
its aircraft than the amount necessary for the actual
use of operation, maintenance, and replacement of its
aircraft.
2. The club will file and keep current with the Airport
Commission a complete list of the club's membership
and investment share held by each member.
3. The club's aircraft will not be used by other than bona
fide members for rental and by no one for commercial
operations.
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4. Student instruction may be given in club aircraft only
by an instructor certified by the FAA.
5. Each aircraft owned by the flying club must have
aircraft liability insurance coverage in the following
amounts:
Aircraft Liability,
Bodily injury 100,000 each person
1,000,000 each accident
Property damage 200,000 each accident
6. All aircraft owned or operated by a flying club or
leased by a flying club will have the same maintenance
performed on said aircraft as is required on aircraft
operating under Part 135 of the FAA Regulations.
(12) LEASE PROPOSAL REQUIREMENTS. The Airport Commission will not
accept an original request to lease land area unless the proposed
lessee puts forth in writing a proposal which sets forth the
scope of operation Lessee proposes, including the following:
a. The services Lessee will offer;
b. The amount of land the lessee desires to lease;
C. The building space Lessee will construct or lease;
d. The number of aircraft Lessee will provide;
i
e. The number of persons Lessee will employ;
f. The hours of proposed operation;
g. The number and types of insurance coverage Lessee will
maintain; and
h. Evidence of Lessee's financial capability to perform and
provide the above services and facilities.
i (b) None of the above Minimum Operating Standards are intended to prevent
any person, firm, or corporation operating aircraft on the airport
from performing any services (including, but not limited to,
maintenance and repair) on its own aircraft.
Section 4-48 is hereby amended to read as follows:
Sec. 4-48. Alcoholic liquors and drugs.
No person shall take any aircraft from the landing area or hangars or
operate the same while under the influence of, or while using or consuming
any alcoholic liquor, beer, or controlled substance as defined by the Code
of Iowa.
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Section 4-54 is hereby repealed and a new Section 4-54 is hereby created by
substituting the following:
Sec. 4-54. Building construction; ground rental and charges.
(a) Any person desiring to erect or construct any building on the
municipal airport shall be required to submit plans and specifi-
cations for the same to the Airport Commission. Commercial hangar
buildings shall be of fire resisting material, and conform in general
as to size and shape, to existing airport hangars at the municipal
airport. Space for buildings shall be charged for at the price set
forth by the Airport Commission.
(b) All rentals and fees shall be paid in advance to the manager of the
municipal airport or to any other person designated by the Airport
Commission. '
Section 4-68 is hereby amended to read as follows:
Sec. 4-68. Exemptions.
Officers and enlisted personnel of the United States Army, Air Force, Navy,
or Marine Corps, and officials of the United States, while actively engaged
in the operation of aircraft in the service of the government, shall not be
subject to the provisions of this article.
SECTION III. REPEALER. All ordinances and parts of ordinances in conflict with
the provision of this ordinance are hereby repealed.
SECTION VI. 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 V. EFFECTIVE DATE. This Ordinance shall be in effect after its final
passage, approval and publication as required by law.
Passed and approved this 31st day of August, 1982.
-WA114
MAYOR
ATTEST:
CITY CLERK
Received & Approved
By The Legal Department
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It was moved by Ralmpr and seconded by Perret
that the Ordinance as read be adopted and upon roll call there were:
AYES: NAYS: ABSENT:
x BALMER
--x-- DICKSON
—x— ERDAHL
—x— LYNCH
x MCDONALD
x NEUHAUSER
x PERRET
First consideration 8 03 82
Vote for passage: Era ync cDonald, Neuhauser,
Perret, Balmer. Nays: None. Absent: Dickson.
Second consideration 8117/82
Vote for passage: Ayes: erret, a mer, Dickson,
Lynch, McDonald. Nays: None. Absent: Erdahl,
Neuhauser.
Date published 9/08/82
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