Loading...
HomeMy WebLinkAbout2002-11-19 Ordinance Prepared by: Susan Dulek, Asst. City Attomey, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030 ORDINANCE NO. 02-4053 AN ORDINANCE AMENDING TITLE 14 ENTITLED "UNIFIED DEVELOPMENT CODE," CHAPTER 6, ENTITLED "ZONING," ARTICLE U, ENTITLED "ADMINISTRATION AND ENFORCEMENT," SECTION 7, ENTITLED "VIOLATIONS AND PENALTIES" TO INCREASE THE MUNICIPAL INFRACTION CIVIL FINES FOR VIOLATING THE ZONING CODE, WHEREAS, Resolution 01-353 established a Neighborhood Housing Relations Task Force (hereinafter "Task Force") to fulfill the goal of improving peaceful habitation in Iowa City and appointed eleven individuals representing the interests of tenants, landlords, and neighborhoods to serve on the Task Force; WHEREAS, the Task Force met fifteen (15) times between November 7, 2001 and May 22, 2OO2; WHEREAS, the Task Force held one public forum to elicit comments from the public on its proposals; WHEREAS, the Task Force submitted its "Proposed Initiatives/Report of Task Force" (hereinafter "the Report") to the City Council on June 27, 2002; WHEREAS, in addition to proposals to amend policy, the Report recommends code amendments to increase the fines for municipal infractions for nuisances and other code violations that impact on neighborhoods; WHEREAS, on October 7, 2002, City Council passed Ordinance No. 02-2044 that increased the municipal infraction penalties for violation of nuisance provisions, the building code, the housing code, the electrical code, the plumbing code, the mechanical code, the fire code, and public utilities' use of the right-of-way provisions to $250 for first offense, $500 for second offense, and $750 for third offense; WHEREAS, the Plan and Zoning Commission recommends increasing said fines for violation of the zoning code; WHEREAS, in order to enhance deterrence zoning code violations, the fines for municipal infractions involving the Zoning Code should be increased; and WHEREAS, it is in the public interest to adopt this amendment. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CITY, IOWA: SECTION I. AMENDMENT. Title 14, entitled "Unified Development Code," Chapter 5, entitled "Zoning Code," Article U, entitled "Administration and Enforcement," Section 7, entitled "Administration and Enforcement," Subsection A is deleted in its entirety and a new Subsection A is added which reads as follows: Violation of this Chapter shall be a municipal infraction punishable by a penalty as provided for in Title 1, Chapter 4, Section 2, Subsection D. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this Ordinance are hereby repealed. SECTION ill. 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 unconsti- tutional. SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Ordinance No. 02-4053 Page 2 Passed and approved this 19th day of MAYOR ATTEST: ~'~'~.~.~.~ ?~. CITY C~_ERK City Attorney's Office sue/ord&res/NTFordZoning.doc Ordinance No. 02-4053 Page 3 It was moved by Vanderhoef and seconded by Pfab that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab X Vanderhoef ~ Wilbum First Consideration 11/18/02 Voteforpassage:AYES: Lehman, O'Donne]], Pfab, Wi]burn, Champion. NAYS: Kanner. ABSENT: Vanderhoef. Second Consideration .................. Vote for passage: Date published 11/27/02 t4oved b~' Vanderhoef, seconded by Pfab, 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, t.he second consideration and vote be waived and the ordinance be voted upon for final passage at this time. AYES:Lehman, O'Donnel], Pfab, Vanderhoef, Wi]burn, Champion. NAYS: Kanner. ABSENT: None. Prepared by: Robert Miklo, Sr. Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5240 (VAC02-0005) ORDINANCE NO. 02-4054 AN ORDINANCE TO VACATE THE NORTHERN TWO FEET OF BENTON STREET BEGINNING 60 FEET EAST OF GILBERT STREET AND ENDING AT MAIDEN LANE. WHEREAS, the applicant, Kathleen Steve, has requested the vacation of the northern two feet of Benton Street beginning 60 feet east of Gilbert Street and ending at Maiden Lane; and WHEREAS, this portion of Benton Street is not needed for public street purposes; and WHEREAS, the vacation of this right-of-way will allow the applicant to increase the size of her property and therefore accommodate additional parking spaces; and WHEREAS, the Planning and Zoning Commission has reviewed and recommended approval of this requested right-of-way vacation. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: ~. The City of Iowa City hereby vacates the right-of-way legally described as follows: Commencing at the Southwest Corner of Lot 4, Block 29, County Seat Addition, in accordance with the Recorded Plat thereof; Thence N90°00'00"E, along the South line of said Lot 4, a distance of 66.48 feet, to the Point of Beginning; Thence continuing N90°00'00"E, along said South line, 100.31 feet; Thence S00~'17'50"E, 2.00 feet; Thence N90°00'00"W, 100.29 feet; Thence N00°49'15"E, 2.00 feet, to the Point of Beginning. Said parcel contains 201 square feet, and is subject to easements and restrictions of record. ~. All ordinances and pads of ordinances in conflict with the provisions of this Ordinance are hereby repeated. RFCTIC)N IIII RFVERABILITY. 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. SECTION IV EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. /~,.,~nd approved this 191;hday oj~ November ,2002 CiTY ~t_ERK Approved by C itcy~t~i~;'s-Ot~ Ordinance No. 02-4054 Page 2 It was moved by ChamDi on and seconded by Pfab that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab X Vanderhoef X Wilbum First Consideration 11/5/02 Vote for passage: AYES: Kanner, Lehman, 0'Donnell, Pfab, Vandm'hoef, Wilburn, Champion. NAYS: None. ABSENT: None. Second Consideration 11/18/02 Voteforpassage:AYES: Champion, Kanner, Lehman, 0'Donnell, Wilburn. NAYS:None. ABSENT: Vanderhoef, Pfab. Date published 11/27/02 Prepared by: Sarah E. Holecek, First Asst. City Atty., 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 Ordinance No. AN ORDINANCE AMENDING TITLE 14, CHAPTER 8, ENTITLED "AIRPORT ZONING" BY REPEALING THE EXISTiNG CHAPTER IN ITS ENTIRETY AND REPLACING SAME WITH A CHAPTER REGULATING AND RESTRICTiNG THE USE AND HEIGHT OF STRUCTURES AND OBJECTS OF NATURAL GROWTH IN THE VICINITY OF THE IOWA CITY MUNICIPAL AIRPORT BY CREATING APPROPRIATE ZONES AND ESTABLISHING BOUNDARIES THEREOF: DEFiNING CERTAIN TERMS USED HEREIN: REFERRING TO THE IOWA CITY MUNICIPAL AIRPORT ZONING MAP, AS AMENDED, WHICH MAP IS ADOPTED BY THIS ORDINANCE: ESTABLISHING AN AIRPORT ZONING COMMISSION: ESTABLISHING AN AIRPORT ZONING BOARD OF ADJUSTMENT: PROVIDiNG FOR ENFORCEMENT: AND IMPOSING PENALTIES. WHEREAS, it is hereby found that the Government of the United States of America has taken unto itself the sole authority to regulate the operation and control of aircraft in flight, and has enacted certain federal regulations for the purpose of protecting the health, safety and general welfare of persons on the ground and of occupants of aircraft in flight, and the property of those persons; and WHEREAS, the health, safety and general welfare of the residents and occupants of the City of Iowa City, Iowa, and Johnson County, Iowa, and the users of the Iowa City Municipal Airport, depend upon the knowledge of, and adherence to, federal regulations that have been enacted; and WHEREAS, Obstructions in the pathway of aircraft in flight, and certain uses of the land t/nderlying those pathways constitute a hazard to the health, safety and general welfare of the occupants and users of the land, and to the property of said occupants and users. The creation, establishment or maintenance of such hazards is a public nuisance and an injury to the people of the City of Iowa City, and Johnson County, and WHEREAS, Failure to adhere to the established principles and practice of safe use of the airspace and land in the vicinity of the Iowa City Municipal Airport could impai[ or destroy the utility of the Airport and the public investment therein; and WHEREAS, for the health, safety and general welfare of the residents and occupants of the City of Iowa City, Iowa, and Johnson County, Iowa, this ordinance is adopted pursuant to the authority conferred upon the City of Iowa City, and the Johnson County Board of Supervisors by the provisions of Chapter 329 of the Iowa Code, granted to municipalities, and relating to the prevention of hazards and non-compatible land uses in the vicinity of airports by establishing Airport Zoning Regulations.. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION 1. AMENDMENT. I. Title 14, Chapter 8, entitled "Airport Zoning", Articles A through D, entitled "General Airport Zoning Provisions", "Airport Zones", "Administration and Enforcement" and "Modifications, Exceptions and Variances", respectively, are hereby repealed in their entirety (including all sections contained therein), and a new Title 14, Chapter 8, entitled "Airport Zoning", Article A, entitled "Airport Zoning Provisions" is hereby adopted as follows: 1. Adopting a new Section 14-8A-1 entitled "SHORT TITLE": as follows: This ordinance and resolution shall be known and may be ~ited as "The Iowa City Municipal Airport Zoning Ordinance" or "The Airport Zoning Ordinance." 2. Adopting a new Section 14-8A-2 entitled "PURPOSE": as follows: The purpose of this Chapter shall be to: A. Exercise, to the fullest extent possible, the powers granted to municipalities under the Code of Iowa, as amended, and to codify existing regulations of the Federal Aviation Administration relating to land uses incompatible with or constituting a hazard to aviation at the Iowa City Municipal Airport. B. Promote the public health, safety, order, convenience, prosperity and general welfare through the prevention of obstructions and non-compatible land uses, to the extent legally possible, by proper exercise of the police power, without compensation. C. Achieve the mitigation of non-compatible uses and hazards to safe air navigation through prevention, removal, or alteration, through the marking and lighting of obstructions, which are public purposes for which the City of Iowa City, and Johnson County may raise and expend public funds, or through the acquisition of land or interests in land; to that end, the City Council of Iowa City and the Board of Supervisors of Johnson County hereby declare that: 1. A hazard created by failure to comply with the provisions of this ordinance may be abated in the manner prescribed by law for the abatement of public nuisances; and 2. Neither political subdivision shall become liable for the expenditure of its public funds unless such expenditure shall have been approved in advance by its governing body. 3. Adopting a new Section 14-8A-3 entitled "DEFINITIONS": as follows: For the purposes of this ordinance, the following definitions shall apply unless the context requires otherwise. In each case the singular shall include the plural and the plural shall include the singular. AERIAL NAVIGATION -- The movement of an aircraft through the air. AIRCRAFT -- Any human controlled contrivance used or designed for carrying humans in flight through the air, but not including parachutes. AIRPORT - The Iowa City Municipal Airport AIRPORT COMMISSION - The Iowa City Municipal Airport Commission or its duly appointed representative. AIRPORT ELEVATION -- 684-feet (MSL). AIRPORT HAZARD - Any structure, or tree, or use of land, which would exceed the Federal obstruction standards as contained in 14 CFR FAR, Part 77, and which obstructs or is otherwise hazardous to the landing or departure of any aircraft at the Airport, or hazardous to persons or property on the ground. Any structure or tree that the Federal Aviation Administration has found, or determined, to be a hazard. AIRPORT HAZARD AREA - Any area of land or water upon which an airport hazard might be established if not prevented as provided by this ordinance. AIRPORT ZONING MAP - The Iowa City Municipal Airport Zoning Map, dated March 25, 2002, and as thereafter amended by ordinance, which Map is adopted by this Ordinance and which Map is on file in the Office of the City Clerk, Iowa City, Iowa. BUILDING OFFICIAL -- The Building Official of Iowa City, Iowa, or a duly authorized designee thereof. CITY - The City of Iowa City, Iowa. COUNTY -- Johnson County, Iowa. FEDERAL AVIATION ADMINISTRATION (FAA) - An agency of the United States Government that administers the Federal regulations that relate to the use and flight of aircraft, and related regulations. The location of the controlling FAA office may be found in Appendix 1 of this ordinance. INNER EDGE - That edge of any zone that is closest to the runway end to which the zone applies. The inner edge is perpendicular to the runway centerline. The elevation of each inner edge is the same as the elevation of the runway threshold to which it applies, and which is depicted on the Airport Zoning Map, dated March 25, 2002, and as thereafter amended by ordinance, which Map is adopted by this Ordinance and which Map is on file in the Office of the City Clerk, Iowa City, Iowa. MSL - Altitude above mean sea level. NOTICE OF PROPOSED CONSTRUCTION OR ALTERATION - A requirement of 14 CFR Ch. 1. Part 77, providing for persons who propose any kind of construction or alteration of the type described in the section to provide notice to the FAA of such action. A copy of Part 77 may be found in Appendix III of this ordinance. NON-COMPATIBLE USE - Any activity that would degrade the safety of people on the ground, or occupants of aircraft in flight, including but not limited to, storage of hazardous materials, above ground storage of flammable liquids in excess of 660 gallons, and those that lead to an assembly of people, including, but not limited to, residences, theaters, churches, schools, athletic fields, camp grounds, hospitals, office buildings, shopping centers, hotels and motels, and other uses with similar concentrations of persons. NON-CONFORMING STRUCTURE - Any structure or portion of any structure that is located within or underlying any of the zones created by this ordinance and that does not conform to the height and/or use provisions of this ordinance. OBSTRUCTION -- Any structure or tree, the height of which exceeds that which is allowed by this ordinance. PERSON -- Any individual, finn, co-partnership, corporation, company, association, joint stock association, or body politic, and includes any trustee, assignee or other similar representative thereof. RUNWAY THRESHOLD - A designated point on any Airport runway that establishes the end of the runway. The Runway Threshold may or may not correspond with the end of the paved portion of the runway. STRUCTURE - Any object, whether permanent or temporary, stationary or mobile, constructed or installed by humans, including but not limited to; buildings, towers, smokestacks, scaffolds, lighting fixtures, public and private roads, railways, and overhead transmission lines, including poles or other structures supporting the same. TREE - Any object of natural growth. ZONING ADMINISTRATOR -- The Zoning Administrator of Johnson County, Iowa, or a duly .authorized designee thereof. 4. Adopting a new Section 14-8A-4 entitled "AIRPORT ZONES": as follows: In order to carry out the provisions of this section there are hereby created and established certain zones which are adopted and described herein, and which are depicted on the Iowa City Airport Zoning Map, dated March 25, 2002, and as thereafter amended by ordinance, which Map is adopted by this Ordinance and which Map is on file in the Office of the City Clerk, Iowa City, Iowa. Any structure or tree located in more than one zone is considered to be only in the zone with the more restrictive height and use limitation. The various zones hereby established and def'med are as follows. A. Approach Overlay Zone- (AO) Defined. The airspace above a sloping plane extending outward from each end of each runway, rising uniformly at a fixed ratio, and of fixed size, through which aircraft commonly operate when arriving at, and departing from, the Airport. AO zones vary in size and slope based upon the present or future use that can be expected for each Airport runway. The AO Zones at the Airport are as follows: 1. Runway 25 (AO25) - Beginning 200 feet beyond the runway threshold to the northeast, and centered on the extended centerline of the runway, the inner edge of the zone is 1,000 feet wide, expanding uniformly to an outer edge width of 16,000 feet. The altitude of the inner edge is the same as the altitude of the runway threshold at the centerline, as depicted on the Airport Zoning Map. For each 50 feet of horizontal distance, the floor of the zone rises from the inner edge one foot (50:1) for a horizontal distance of 10,000 feet, and then rising, for each 40 feet of horizontal distance, one foot (40:1.) for an additional distance of 40,000 feet. 2. Runway 7 (AO7) - Beginning 200 feet beyond the paved portion at the end of the runway and centered on the extended centerline of the runway, the inner edge of the zone is 1,000 feet wide, expanding uniformly to an outer edge width of 1,500 feet. The altitude of the inner edge is the same as the altitude of the runway threshold at the centerline, as depicted on the Airport Zoning Map. For each 20 feet of horizontal distance, the floor of the zone rises from the inner edge one foot (20:1), continuing for a total horizontal distance of 5,000 feet. 3. Runway 30 (AO30) - Beginning 200 feet beyond the threshold at the southeast end of the runway and centered on the extended centerline of the runway, the inner edge of the zone is 500 feet wide, expanding uniformly to an outer edge width of 3,500 feet. The altitude of the inner edge is the same as the altitude of the runway threshold at the centerline, as depicted on the Airport Zoning Map. For each 34 feet of horizontal distance, the floor of the zone rises from the inner edge one foot (34:1), for a total horizontal distance of 10,000 feet. 4. Runway 12 (AO12) - Beginning 200 feet beyond the paved portion at the end of the runway and centered on the extended centerline of the runway, the inner edge of the zone is 500 feet wide, expanding uniformly to an outer edge width of 1,500 feet. The altitude of the inner edge is the same as the altitude of the runway threshold at the centerline, as depicted on the Airport Zoning Map. For each 20 feet of horizontal distance, the floor of the zone rises from the inner edge one foot (20:1), continuing for a total horizontal distance of 5,000 feet. 5. Runway 36 (AO36) - Beginning 200 feet beyond the paved portion at the south end of the runway and centered on the extended centefline of the runway, the inner edge of the zone is 500 feet wide, expanding uniformly to an outer edge width of 3,500 feet. The altitude of the inner edge is the same as the altitude of the runway threshold at the centerline, as depicted on the Airport Zoning Map. For each 34 feet of horizontal distance, the floor of the zone rises from the inner edge one foot (34:1), for a total horizontal distance of 10,000 feet. 6. Runway 18 (AO18) - Beginning 200 feet beyond the threshold at the north end of the runway and centered on the extended centerline of the runway, the inner edge of the zone is 500 feet wide, expanding uniformly to an outer edge width of 1,500 feet. The altitude of the inner edge is the same as the ahitude of the runway threshold at the centerline, as depicted on the Airport Zoning Map. For each 20 feet of horizontal distance, the floor of the zone rises from the inner edge one foot (20:1), continuing for a total horizontal distance of 5,000 feet. 7. Height Limitations: a. Except as otherwise provided herein, no person shall construct or alter any structure, nor plant or grow any tree, so as to penetrate any Approach Overlay Zone created herein. b. No person shall establish or maintain any private roadway in any location that would result in penetration of any AO zone by any portion of any vehicle that shall be permitted to operate upon such roadway. B. Controlled Activity Zone- (CA) Defined. An area of fixed size, underlying the innermost portion (closest to the runway end) of the AO zone for that runway, descending from the floor of the AO zone to the ground. The width and length of CA zones may vary, and may be different on each runway end. The CA zones for the Airport are as follows: 1. Runway 25 (CA25)- Underlying the innermost 1,700 feet of the AO zone at the northeast end of the runway, the width of the CA zone is 1,000 feet at the inner edge and expands uniformly to a width of 1,510 feet 2. Runway 7 (CA7)- Underlying the innermost 1,700 feet of the AO zone at the southwest end of the runway, the width of the CA zone is 500 feet at the inner edge and expands uniformly to a width of 1010 feet. 3. Runway 30 (CA30) - Underlying the innermost 1,000 feet of the AO zone at the southeast end of the runway, the width of the CA zone is 500 feet at the inner edge, expanding uniformly to a width of 700 feet. 4. Runway 12 (CA12) - Underlying the innermost 1,000 feet of the AO zone at the northwest end of the runway, the width of the CA zone is 500 feet at the inner edge, expanding uniformly to a width of 700 feet. 5. Runway 36 (CA36) - Underlying the innermost 1,000 feet of the AO zone at the south end of the runway, the width of each CA zone is 250 feet at the inner edge, expanding uniformly to a width of 450 feet. 6. Runway 18 (CA18) - Underlying the innermost 1,000 feet of the AO zone at the north end of the runway, the width of the CA zone is 250 feet at the inner edge, expanding uniformly to a width of 450 feet. 7. Use Limitations: a. No person shall establish or maintain any non-compatible use in any Controlled Activity Zone. b. No structures, other than airport structures, the location of which is dictated by function, either permanent or temporary, shall be permitted in any portion of any Controlled Activity Zone on land that is the property of the City of Iowa City, Johnson County, or The State of Iowa. C. Horizontal Overlay Zone (HO) Defined The airspace above a horizontal plane, the perimeter of which is established by swinging arcs of 10,000 foot radii from the center of the inner edge of the AO zones of runways 25, 30, and 36, and an arc of 5,000 foot radius from the center of the inner edge of the AO zone of runway 12, 7, and 18, and connecting the adjacent arcs by lines tangent to those arcs. The floor of the HO zone is 150 FT above the Airport elevation, or 834 feet above mean sea level. 1. Height Limitation: Except as otherwise provided herein, no person shall construct or alter any structure, or plant or grow any tree, so as to penetrate the Horizontal Overlay zone created herein. D. Transitional Overlay Zone (TO) Defined The airspace above a sloping plane along each side of each runway, and from the sides of each AO zone. For each 7 feet horizontally the floor of the zone rises at the rate of 1 foot of elevation (7:1) The TO zones for the Airport are as follows: 1. Runway 25 (TO25) - Along each side of the runway, beginning at a point 500 feet from the center line of the runway and at right angles to the runway center line, and from each side of the AO zone at the northeast end of the runway, at right angles to the extended runway center line. The TO zone is interrupted at the point where it intersects the HO zone, and resumes at the outer edge of the CO zone (see Section III, E, below) and continues outward at fight angles to the extended runway center line, for a distance of 5,000-feet from the outer edge of the AO zone. 2. Runway 7 (TO7) - Along each side of the runway, beginning at a point 500 feet from the center line of the runway and at right angles to the runway center line, and from each side of the AO zone at the northwest end of the runway, at right angles to the extended runway center line. The TO zone ends at the point where it intersects the HO zone. 3. Runway 30/12 (TO30/12) - Along each side of the runway, beginning at a point 250 feet from the center line of the runway and at right angles to the runway center line, and from each side of the AO zone at each end of the runway at right angles to the extended runway center line. The TO zone ends at the point where it intersects the HO zone. 4. Runway 36/18 (TO36/18) - Along each side of the runway, beginning at a point 250 feet from the center line of the runway and at right angles to the runway center line, and from each side of the AO zone at each end of the runway, at right angles to the extended runway center line. The TO zone ends at the point where it intersects the HO zone. 5. Height Limitations: a. Except as otherwise provided herein, no person shall construct or alter any structure, or plant or grow any tree, so as to penetrate any Transitional Overlay zone created herein. b. No person shall establish or maintain any private roadway in any location that would result in penetration of any Transitional Overlay zone by any portion of any vehicle that shall be permitted to operate upon such roadway. E. Conical Overlay Zone (CO) .Defined The airspace above a sloped horizontal plane beginning at the periphery of the HO zone. For each 20 feet horizontally, the floor of the zone rises one foot in height (20:1) for a horizontal distance of 4,000 feet. 1. Height Limitations: Except as otherwise provided herein, no person shall construct or alter any structure, or plant or grow any tree, so as to penetrate the Conical Overlay zone created herein. 5. Adopting a new Section 14-8A-5 entitled "GENERAL ZONING REGULATIONS" as follows: A. Except as otherwise provided herein, no person shall construct or alter any structure in any zone created herein without having first obtained a building permit from the Building Official, or a Zoning Permit from the Zoning Administrator. No person shall be issued a permit for any construction or alteration in any AO, CA, or TO zone, without a determination or finding from the FAA, pursuant to the submission of an applicable Notice of Proposed Construction or Alteration. (See Section 14-8A-6, below.) Such finding or determination must not find or determine that the proposed construction or alteration: 1. Would create a hazard. 2. Would endanger the general safety, health and welfare of persons in the vicinity of the Airport, or occupants of aircraft in flight. 3. Would result in the raising of the minimum instrument flight altitude of any Federal Airway, approved off-aitwvay route, or instrument approach procedure to the Airport. B. Except as otherwise provided herein, no change in the use or occupancy of land, or change of use or occupancy in an existing building or in any zone created herein shall be made, nor shall any new building be occupied until an occupancy permit has been issued by the Building Official or Zoning Administrator. No occupancy permit obtained for a specific use shall apply to any other use. C. No person shall be issued an occupancy permit for any non-compatible use in any CA zone. D. No person shall establish or maintain any private roadway in any location that would result in penetration of any zone created herein by any portion of any vehicle that shall be permitted to operate upon such roadway. E. Within 5.000-feet of the nearest point of the nearest Airport runway, no person shall establish or maintain any structure or use that would create a bird strike hazard. F. Notwithstanding any other provision of this ordinance, no person shall, in any zone created by this ordinance, or upon any land or water underlying such zones: 1. Establish any putrescible waste landfill. 2. Create, alter, or maintain any structure or use in such a manner ag to create electrical or radio interference with aviation navigational signals or aircraft communications. 3. Install, align or use any lighting devices that make it difficult for pilots to distinguish between airport lights and others, create glare in the eyes of pilots, or otherwise impair visibility. 4. Produce steam, smoke, or other visual hazard that would impair visibility. 5. Create, alter, or maintain any structure or use that would endanger or interfere with landing, takeoff or maneuvering of any aircraft. 6. Plant, or allow the growth of, any tree, which, during the normal life cycle of such tree, can be expected to grow into any zone created herein. 6. Adopting a new Section 14-8A-6 entitled "LIGHTING AND MARKING" as follows: A. Notwithstanding any other provision of this ordinance, any person constructing or altering any structure located in any zone created by this ordinance shall install all lighting or markings upon said structure as shall be recommended by the FAA as a part of its review of the applicant's Notice of Proposed Construction or Alteration. Such lighting or markings shall be made in a manner consistent with FAA Regulations and Advisories. B. Any permit or variance granted under the provisions of this ordinance may be so conditioned so as to require the owner of the land, structure, or tree in question to permit the City or County to install, and/or operate and maintain such lighting and/or markings as the City or County deems necessary to indicate to operators of aircraft the presence of an airport obstruction. 7. Adopting a new Section 14-8A-7, entitled "ADMINISTRATIVE PROCEDURE" as follows: A. The Building Official or Zoning Administrator shall perform the administration of these zoning regulations. B. Any person who proposes to construct or alter any structure in or underlying any AO, CA, or TO zone created herein, and who is required to provide Notice of Proposed Construction or Alteration to the Administrator of the FAA by requirements of Part 77, shall furnish to the Building Official or Zoning Administrator, a copy of said notice. C. Except as otherwise provided herein, the Building Official or Zoning Administrator shall not issue any building permit or occupancy permit without first: 1. In any AO, CA, or TO zone created herein, having received from the applicant a copy of the applicable Notice of Proposed Construction or Alteration as provided to the FAA, and the corresponding finding or determination from the FAA that the proposed construction or alteration complies with SECTION IV of this ordinance. 2. Having determined that the proposed use is consistent with the zoning provisions contained herein. 8. Adopting a new Section 14-8A-8, entitled "EXCEPTIONS:" as follows: No Notice of Proposed Construction or Alteration is required to be submitted to the FAA or to the Building Official or Zoning Administrator for a building permit for construction or alteration of any structure when the Building Official or Zoning Administrator has determined that: A. The proposed structure meets the requirements for shielding. Each and all of the following requirements are required for a determination of shielding: 1. The property upon which the construction or alteration is proposed is located within the congested area of a city. 2.The proposed structure does not lie within any CA zone. 3.There exists a structure or structures ora permanent and substantial nature at least as tall and at least as wide as the proposed structure, and which lie(s) between the location of the proposed construction or alteration, and a point on the runway centerline at the threshold of the closest end of the closest runway of the Airport. 4. The shielding structure is within 500 feet of the structure that is proposed for construction or alteration. 5. It is evident beyond a reasonable doubt that the shielded structure will not adversely affect aerial navigation. B. The proposed structure is an antenna that is no greater than 20 feet in height, and does not increase the height of an existing antenna structure. C. The proposed structure is an airport, aerial navigation, or meteorological device, of a type approved by the FAA, the location and height of which is fixed by function. D. No Notice of Proposed Construction or Alteration is required because the proposed structure does not lie within 20,000-feet of the nearest point of the nearest runway, or does not penetrate an imaginary surface, beginning at the nearest point of the nearest runway and at the elevation of the runway threshold, rising one foot in elevation for each 100 feet of horizontal distance (100:1.) This exception does not apply to structures located in any CA Zone. E. There exists an emergency, involving essential public services, public health, or public safety, that requires immediate construction or alteration, providing that the applicant complies with the requirements of 14 CFR FAR, Part 77.17 (d) (See Appendix III). 9. Adopting a new Section 14-8A-9, entitled "NON-CONFORMITIES", as follows: A. The regulations prescribed herein are not retroactive and shall not be construed to require the removal of any tree, or the reconstruction or alteration, or the discontinuation of any use of any structure made non-conforming by the adoption of this ordinance. B. Nothing contained herein shall require any change in the construction or alteration, or the intended use of any structure, the construction or alteration of which was begun prior to the effective date of this ordinance, and which was conforming prior to the adoption of this ordinance, and is completed within one year thereafter. C. No pre-existing non-conforming structure, use, or tree shall be rebuilt, altered, allowed to grow higher, or be replanted, so as to constitute a greater Airport hazard than it was at the time that these regulations were adopted. D. Whenever the Building Official or Zoning Administrator determines that a non-conforming structure has been abandoned, torn down, physically deteriorated, damaged, or decayed, to such an extent that its value in no greater that 50% of the average value of the structure and the land over the preceding ten (10) years, no building permit or occupancy permit shall be issued that would allow such structure to exceed the applicable height and use provisions of this ordinance. Any tree so damaged or destroyed shall be subject to the provisions of SECTION 14-SA-5F(6)., of this ordinance. E. Not withstanding the previous provisions of this section the owner of any pre-existing non- conforming structure or tree shall be required to permit the installation, operation, or maintenance thereon of any markers and/or lights as shall be deemed necessary by the City or County to indicate to the operators of aircratt, the presence of such structure or tree. 10. Adopting a new Section 14-8A-10, entitled "AIRPORT ZONING COMMISSION" as follows: Pursuant to the provisions of Section 329.9 of the Iowa Code, there shall be a Iowa City Municipal Airport Zoning Commission, consisting of five (5) members, two (2) of whom shall be appointed by the City of Iowa City, two (2) of whom shall be appointed by the Board of Supervisors of Johnson County, and one additional member whom shall be selected by a majority vote of the City and County appointed members, and who shall serve as Chairperson of said commission. The terms of such members shall be as provided by Section 329.9 of the Iowa Code. 11. Adopting a new Section 14-8A-11, entitled "AIRPORT ZONING BOARD OF ADJUSTMENT" as follows: Pursuant to the provisions of Section 329.12 of the Iowa Code, there shall be an Iowa City Municipal Airport Zoning Board of Adjustment, consisting of five (5) members, two (2) of whom shall be appointed by the City of Iowa City, two (2) of whom shall be appointed by the Board of Supervisors of Johnson County, and one additional member whom shall be selected by a majority vote of the City and County appointed members, and who shall serve as Chairperson of said Board. The terms of such members shall be as provided by Section 329.12 of the Iowa Code. The Airport Zoning Board of Adjustment shall have the duties and powers established by the Iowa Code. 12. Adopting a new Section 14-8A-12, entitled, "SPECIAL EXCEPTIONS" as follows: A. With the concurrence of a majority vote, the Airport Zoning Board of Adjustment (the Board) may, based upon a written determination from the FAA, reverse any order, requirement, decision or determination of any administrative official and may modify the provisions of this ordinance in favor of an applicant, providing: 1. Any height or use limitations contained in this ordinance that is modified by the Board shall not result in a hazard to any aircraft in flight. 2. No use of land shall be permitted that would not be compatible with airport operations. B. Any application for a special exception to the provisions of this ordinance shall include as a part thereof, the written determination of the FAA pertaining to the application, and no application shall be set for hearing by the Board in the absence of such FAA determination. 13. Adopting a new Section 14-8A-13, entitled, "VARIANCES", as follows: A. Any person desiring to construct or alter any structure, or permit the growth of any tree, or otherwise use property in a manner that would constitute a violation of this ordinance, may apply to the Board for a variance from these regulations. The Board shall consider no application for a variance to the requirements of this ordinance unless a copy of the application has been submitted to the Airport Commission for their opinion as to the aeronautical effects of such a variance. If the Airport Commission fails to respond to the Board within forty-five (45) days from its receipt of the copy of the application, the Board may make its decision in the absence of the Airport Commission opinion. Such variances may be granted by the Board only where the literal application of these regulations would result in unnecessary hardship, and are subject to the following: 1. Such variance would not be contrary to the public interest. 2. Such variance would be in the spirit of this ordinance and of Chapter 329 of the Iowa Code. 3. Such variance shall be granted subject to any reasonable conditions that the Board may deem necessary to effectuate the purposes of this ordinance and of Chapter 329 of the Iowa Code. 4. Such variance be subject to the requirement that the applicant shall install, operate, and maintain such markings and lighting, at the applicant's own expense, as may be necessary to indicate to aircraft operators the existence of an airport obstruction as determined by the Board. 5. Such variance shall be subject to the reservation of the right of the City and the Airport, to go onto applicant's property to install, operate, and maintain thereon such FAA approved markers and lights as may be necessary to indicate to operators of aircraft the existence of an airport obstruction. B. Any person aggrieved or affected by any decision of the Airport Zoning Board of Adjustment may appeal such decision, pursuant to the provisions of the Iowa Code. 14. Adopting a new Section 14-8A-14, entitled, "ENFORCEMENT", as follows: Enforcement of the provisions of this ordinance shall be the responsibility of the City Manager or such persons as the City Manager shall, from time to time direct. However such duties of enforcement and administration shall not include any of the powers herein delegated to the Airport Zoning Board of Adjustment. 15. Adopting a new Section 14-8A-15, entitled, "EQUITABLE REMEDIES", as follows: The City or the Airport may, pursuant to Section 329.5 of the Iowa Code, maintain an action in equity to restrain and abate as a nuisance the creation, establishment or maintenance of an airport hazard, in violation of any provision established by this ordinance, on any property, whether within or without the territorial limits of the City. 16. Adopting a new Section 14~8A-16, entitled, "PROHIBITED ACTS", as follows: Except as herein provided, it shall be unlawful for any person to construct or alter any structure, use any land, or grow any tree in violation of the provisions of this ordinance. 17. Adopting a new Section 14-8A-17, entitled, "PENALTIES", as follows: Each violation of these regulations shall constitute a misdemeanor and the perpetrator thereof, upon conviction, shall be punished by a fine not to exceed $500 or by imprisonment in the county jail for not more than 30 days, or both. Each day a violation occurs or continues to exist shall constitute a separate offense. 18. Adopting a new Section 14-8A-18, entitled, "CONFLICTING REGULATIONS", as follows: In the event of any conflict between regulations contained in this ordinance and any other regulations applicable to the same area, whether the conflict be with respect to height of structures or trees, use of structures or land, or any other matter, the more stringent limitation or requirement shall prevail. SECTION II: REPEALER. All ordinances and parts of ordinances of the City of Iowa City that are in conflict with any provision of this ordinance are hereby repealed. SECTION III: SEVERABILITY. If any section, provision, or part of this Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of this Ordinance as a whole, nor any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION IV: EFFECTIVE DATE. This ordinance shall be in effect immediately after its final passage, approval and publication, as provided by law. Passed and approved this day of ,2002. MAYOR ATTEST: CITY CLERK APPENDIX 1 The controlling Federal authority for the Iowa City Municipal Airport is: Federal Aviation Administration, Central Region Office of the Manager, Airports Division 901 Locust Kansas City, MO 64106-2641 APPENDIX 1I Notice of Proposed Construction or Alteration, FAA Form 7460-1 shall be sent to: Federal Aviation Administration Manager, Air Traffic Division 901 Locust Kansas City, MO 64106-2641 Sarah/landusegairporgaiq~ort zoning ordinance 10-16.doc Ordinance No. Page It was moved by and seconded by that the Ordinance as read be adopted, and upon mil call there were: AYES: NAYS: ABSENT: Champion Kanner Lehman O'Donnell Pfab Vanderhoef Wilbum First Consideration 11/5/02 Vote for passage: AYES: Lehman, O'Donne]], Vanderhoef, Wi]burn, Champion. NAYS: Kanner. ABSENT: Pfab. Second Consideration 11/19/02 Voteforpassage: AYES: LeHman, 0'Donne]l, Pfab, Vanderhoef, Wilburn, Champion. NAYS: Kanner, ABSENT: None. Date published