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HomeMy WebLinkAbout2002-12-10 Ordinance December 8, 2002 The Honorable Emie Lehman (}i', ~ ,' ~' ,~", Mayor, Iowa City ,(%,,.;.~...:, . ~ .., ,. ,, , Civic Center ~ ' ' ~','./~ 410 E. Washington St. Iowa City IA 52240 Dear Mayor Lehman: recent meeting of the Board of the Johnson County Heritage Trust we discussed the proE~sed amendments to the Sensitive Areas Ordinance which would allow for more Site Plaf,~ to be reviewed by the Planning and Zoning Staff rather than going through the lon~ ~ :pf public review. I therefore called Bob Miklo at Planning and Zoning, and he sent me a proposed a~ended Sensitive Areas Ordinance and a summary of it and rational for the changes. Later~ g~ ~ lengthy~iEformative phone co~go~n. My conclusion is that in general the proposed changes make sense. They would simplify the review process and in most cases save the City Council's time. We wogl~ ~ tC~ ~ ~, ~9~ver, that the public is still informed of all requests to see and comment on them to the Pl~m~ and Zoning Commission and to express comments m ~ Cou. ncil. It is very impo~h~i t6 maintain openness, not only to prevent closed-door 3~{~i~fi~ bul ~!so fo~ ~ 8ensitive Areas Ordinance to remain effective. When it comes to protecting woodlands, wetlands, prairie remnants, archaeologic~ ~i~§~ ~nd hillsides, all of us have an interest. Moreover, So, as I say, we accept the proposed amendments to the Sensitive Areas Ordinance. But we also want to be sure, that the n~ti**~ ,o~ still be given of all reviews of Site Plans. Please make sure that all members of the Council receive this letter. Sincerely, Robert F. Sayre President, Johnson County Heritage Trust 01-24-03 NOTE TO FILE: Asst. City Atty. Holecek made three non substantive corrections to Ord. 02-4055 which affected pages 2, 3, and 5. These changes were made after publication but prior to codification. Prepared by: Sarah E. Holecek, First Asst. City Atty., 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 ORDINANCE NO. 02-4055 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 underlying those pathways constitute a hazard to the health, safety and general welfare of the occupants and users of the land, and to the property of said occupants and users. The creation, establishment or maintenance of such hazards is a public nuisance and an injury to the people of the City of Iowa City, and Johnson County, and WHEREAS, Failure to adhere to the established principles and practice of safe use of the airspace and land in the vicinity of the Iowa City Municipal Airport could impair 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 Airpod Zoning Regulations.. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION 1. AMENDMENT. 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: Adopting a new Section 14-8A-1 entitled "SHORT TITLE": as follows: This ordinance and resolution shall be known and may be cited as "The Iowa City Municipal Airport Zoning Ordinance" or "The Airport Zoning Ordinance." Adopting a new Section 14-8A-2 entitled "PURPOSE": as follows: The purpose of this Chapter shall be to: 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. 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. 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 airpo~'ordlzoning.dcc Ordinance No. 02-4055 Page 2 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: 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 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 I 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, firm, co-partnership, corporation, company, association, joint stock association, or body politic, and includes any trustee, assignee or other similar representative thereof. RUNWAY THRESHOLD - A designated point on any Airport runway that establishes the end of the runway. The Runway Threshold may or may not correspond with the end of the paved portion of the runway. olrpordord/ternp-zoning-revised pages for codif doc Ordinance No. 02-4055 Page 2 dch the City of Iowa City, and Johnson County may raise and expend public funds, or through Jisition of land or interests in Jand; to that end, the City Council of Iowa City and the of f declare that: A created by failure to comply with the provisions of this ordinance may be in the manner by taw for the abatement of public nuisances; and Neither subdivision shall become liable for the expenditure of its public fur such expenditure., all have been approved in advance by its governing body. 3, Ado I a new Section 14-8A-3 entitled "DEFINITIONS": as follows: For purposes of this ordir the definitions shall apply unless the context requires In each case the sing, ,~ the plural and the plural shall include the singular. 3f an aircraft through the air. AIRCRAFT - Any man controlled contrivance used or desig~ humans in flight through the air, but not includin AIRPORT - The AIRPORT The Iowa City Municipal Airport Corn or its duly appointed representative. AIRPORT (MSL). AIRPORT HAZARD - An' e, or tree, or use of land, which the Federal obstruction standards as contained in 14 Part 77, and which is otherwise hazardous to the landinc aircraft hazardous property on the ground. Any or determined, to be a hazard. AIRPORT HAZARD AREA - Any area upon 'port hazard might be established if not prevented as provided by thi,~ AIRPORT ZONING MAP -- The Iowa City Zoning Map, dated March 25, 2002, and as thereafter amended by ordinance, which Map ~ 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 Iowa, or a duly authorized designee thereof. CITY - The City of Iowa City, Iowa. COUNTY - Johnson County, Iowa. FEDERAL AVIATION ADMINISTRATION An agency of the United States Government that administers the Federal regulations that n and flight of aircraft, and related regulations. The location of the controlling FAA office mai of this ordinance. INNER EDGE - That edge of any zone that i the runway end to which the zone applies. The inner edge is perpendicular to the runway c The elevation of each inner edge is the same as the elevation of the runway threshold to and which is depicted on the Airport Zoning Map, dated March 25, 2002, and by ordinance, which Map is adopted by this Ordinance and which Map is Clerk, Iowa City, Iowa. MSL - Altitude above mean NOTICE OF PROPOSED ALTERATION - A requirement of '14 CFR Ch. '1. Part 77, providing for persons who kind of construction or alteration of the type described in the section to provide notice FAA of such action. A copy of Part 77 may be found in Appendix III of this ordinance. NON-COMPATIBLE Any activity that would degrade the safety of people on the ground, or including but not limited to, storage of hazardous materials, above ground storage of liquids in excess of 660 gallons, and those that lead to an assembly of people, including, but limited to, residences, theaters, churches, schools, athletic fields, camp grounds, hospitals, shopping centers, hotels and motels, and other uses with similar cOncentrations of persons. STRUCTURE - Any structure or portion of any structure that is located within or underlyi~ of the zones created by this ordinance and that does not conform to the height ane~r use provis' of this ordinance. - Any structure or tree, the height of which exceeds that which is allowed by - Any individual, firm, co-partnership, corporation, company, association, joint stock~ , 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. Ordinance No. 02-4055 Page 3 STRUCTURE - Any object, whether permanent or temporary, stationary or mobile, constructed or installed by humans, including but not limited to; buildings, towers, smokestacks, scaffolds, lighting fixtures, public and private roads, railways, and overhead transmission lines, including poles or other structures supporting the same. TREE - Any object of natural growth. ZONING ADMINISTRATOR -- The Zoning Administrator of Johnson County, Iowa, or a duly authorized designee thereof. 4. Adopting a new Section 14-8A-4 entitled "AIRPORT ZONES": as follows: In order to carry out the provisions of this section there are hereby created and established certain zones which are adopted and described herein, and which are depicted on the Iowa City Airport Zoning Map, dated March 25, 2002, and as thereafter amended by ordinance, which Map is adopted by this Ordinance and which Map is on file in the Office of the City Clerk, iowa City, Iowa. Any structure or tree located in more than one zone is considered to be only in the zone with the more restrictive height and use limitation. The various zones hereby established and defined are as follows. A. Approach Overlay Zone- (AC) 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. AC zones vary in size and slope based upon the present or future use that can be expected for each Airport runway. The AC Zones at the Airport are as follows: 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. Runway 7 (AC7) - Beginning 1,000 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. Runway 30 (AC30) - 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. 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. Runway 36 (AO36) - Beginning 200 feet beyond the paved portion at the south end of the runway and centered on the extended centedine 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. Runway 18 (AO18) - Beginning 200 feet beyond the threshold at the north end of the runway and centered on the extended centerline of the runway, the inner edge of the zone is 500 feet wide, expanding uniformly to an outer edge width of 1,500 feet. The altitude of the inner edge is the same as the altitude of the runway threshold at the centerline, as depicted on the Airport Zoning Map. For each 20 feet of horizontal distance, the floor of the zone rises from the inner edge one foot (20:1), continuing for a total horizontal distance of 5,000 feet. 7. Height Limitations: air pod/ord/temp-zoning-revised pages for codif.doc Ordinance No. 02-4055 · ~age 3 STRUCTURE - Any object, whether permanent or temporary, stationary or mobile, constructed in's~alled by humans, including but not limited to; buildings, towers, smokestacks, scaffolds, ligh~g fixtu'r,~s, public and private roads, railways, and overhead transmission lines, including poles or/Other struct~r.,es supporting the same. TREIS.~- Any object of natural growth. ZONIN~ADMINISTRATOR -- The Zoning Administrator of Johnson County, Iowa, or a d~j authorized designee the'r.~of. 4. Adoptir~a new Section 14-8A-4 entitled "AIRPORT ZONES": as follows: In ~ ~'r to carry out the provisions of this~..ection there are hereby created and established certain zones wi' are adopted and described herein, a~ which are depicted on the Iowa City Airport Zoning Map, rch 25, 2002, and as thereafter amende~:~by ordinance, which Map is adopted by this Or :linanca ~ Map is on file in the Office of the City O~erk, Iowa City, Iowa. Any structure or tree located than one zone is considered to be only in th? zone with the more restrictive height and use The various zones hereby established and defit~d are as follows. A. Approach Overlay Zone- (AO) Defined. The airspace above a plane extending outward from each end of each runway,~sing uniformly at a fixed ratio, and ( size, through which aircraft commonly operate when arriving "a,!, and departing from, zones vary in size and slope based upon the present or future us~that can be expected ,. The AO Zones at the Airport are as follows: Runway 25 (AO25) - to the nodheast, and centered on the extended centerline of the the inner edge zone is 1,000 feet wide, expanding uniformly to an outer edge width of The altitud er edge is the same as the altitude of the runway threshold at as Zoning Map. For each 50 feet of horizontal distance, the floor of the zone ~ one foot (50:1) for a horizontal distance of 10,000 feet, and then rising, for each 40 feet ~ distance, one foot (40:1.) for an additional distance of 40,000 feet. Runway 7 (AO7) - Beginning 200 feet beyond portion at the end of the run,Jay and centered on the extended centedine of the runway, ;]e of the zone is 1,000 feet wide, expanding uniformly to an outer edge width of 1,500 feet. inner edge is the same as the altitude of the runway threshold at the centedine, as )icted on , Airport Zoning Map. For each 20 feet of horizontal distance, the floor of the zone r' from one foot (20:1), continuing for a total horizontal distance of 5,000 feet. Runway 30 (AO30) - Beginning 9nd of the runway and centered on the extended centerline the inner edge b~the zone is 500 feet wide, expanding uniformly to an outer edge width of The altitude of the inn~ edge is the same as the altitude of the runway threshold at the as depicted on the Airport Z.oning Map. For each 34 feet of horizontal distance, the floor rises from the inner edge one, eot (34:1), for a total horizontal distance of 10,000 feet. Runway 12 (AO12) - B~ 200 feet beyond the paved portion a{the end of the runway and centered on the extended c.,e' of the runway, the inner edge of the zon~is 500 feet wide, expanding uniformly to an outer edge/wi of 1,500 feet. The attitude of the inner edge isle same as the altitude of the runway threshold at/the centerline, as depicted on the Airport Zoning M~a~3. For each 20 feet of horizontal distance, th~'floor of the zone rises from the inner edge one foot (20:1~ continuing for a total horizontal distance of//3,000 f ;et. Runway 36 (AC)86) - Bet inning 200 feet beyond the paved portion at the south end'~f the runway and centered on the e/x'tended canterline of the runway, the inner edge of the zone is 500 feet"~,ide, expanding uniformly to an,,ot~tar edge width of 3,500 feet. The altitude of the inner edge is the same a~the altitude of the runway t~'eshold at the canterline, as depicted on the Airport Zoning Map. For ea~'t~ 34 feet of horizontal dj/stance, the floor of the zone rises from the inner edge one foot (34:1), for a torN, horizontal distance o~10,000 feet. R~ ~'ay 18 (AO18) - Beginning 200 feet beyond the threshold at the north end of the run~ay and cen :er ~ on the extended centadine of the runway, the inner edge of the zone is 500 feet wide, exp'a,nding unit ),~ y to an outer edge width of 1,500 feet. The altitude of the inner edge is the same as the altitude of the ~u /ray threshold at the centedine, as depicted on the Airport Zoning Map. For each 20 fee~of zo al distance, the floor of the zone rises from the inner edge one foot (20:1), continuing for a tot~ ~o al distance of 5,000 feet. 7. Height Limitations: Ordinance No. 02-4055 Page 4 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 Aa 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 Aa zone for that runway, descending from the floor of the Aa 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: Runway 25 (CA25)- Underlying the innermost 1,700 feet of the Aa 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 Runway 7 (CA7)- Underlying the innermost 1,700 feet of the Aa 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. Runway 30 (CA30) - Underlying the innermost 1,000 feet of the Aa 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. Runway 12 (CA12) ~ Underlying the innermost 1,000 feet of the Aa 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. Runway 36 (CA36) - Underlying the innermost 1,000 feet of the Aa 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. Runway 18 (CA18) - Underlying the innermost 1,000 feet of the Aa 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 Aa zones of runways 25, 30, and 36, and an arc of 5,000 foot radius from the center of the inner edge of the Aa 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 Aa 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: 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 Aa 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 right angles to the extended runway center line, for a distance of 5,000-feet from the outer edge of the Aa zone. 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 Aa 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. 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 Aa 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. 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 Aa zone air po~l/ord/zoning.doc Ordinance No. 02-4055 Page 5 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 AG, CA, or TO zone, without a determination or finding from the FAA, pursuant to the submission of an applicable Notice of Proposed Gonetructien or Alteration. (See Section 14-8A-6, and Appendix II below.) Such finding or determination must not find or determine that the proposed construction or alteration: Would create a hazard. Would endanger the general safety, health and welfare of persons in the vicinity of the Airport, or occupants of aircraft in flight. Would result in the raising of the minimum instrument flight altitude of any Federal Airway, approved off-airway route, or instrument approach procedure to the Airport. 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. No person shall be issued an occupancy permit for any non-compatible use in any CA zone. 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. 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. 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: Establish any putrescible waste landfill. Create, alter, or maintain any structure or use in such a manner as to create electrical or radio interference with aviation navigational signals or aircraft communications. 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. Produce steam, smoke, or other visual hazard that would impair visibility. Create, alter, or maintain any structure or use that would endanger or interfere with landing, takeoff or maneuvering of any aircraft. 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; Notwithstanding any other provision of this ordinance, any person constructing or altering any structure located in any zone created by this ordinance shall install ali 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. 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 airpod/ord/temp-zoning-revised pages for codif.doc Ordinance No. 02-4055 Page 5 ~,~at each end of the runway, at right angles to the extended runway center line. The TO zone ends at ~3e~,nt where it intersects the HO zone. '~. Height Limitations: a.~ as otherwise provided herein, no person shall construct or alter an~ plant or as to penetrate any Transitional Overlay zone created herein. b. shall establish or maintain any private roadway in any location result in any Transitional Overlay zone by any portion of any vehicle that be permitted to oF E, Defined The airspace above a I~nning at the periphery of the zone. For each 20 feet horizontally, )ne foot in height (20:1) for 1. Heig Except as otherwise herein, no person shall construct or alter ~structure, or plant or grow any tree, so as Conical Overlay zone created herein. 5. Adopting 14-8A-5 entitled "GENERAL ZONING A. Except as no person shall alter any structure in any zone created herein a building Official, or a Zoning Permit from the Zoning shall be issued a construction or alteration in any AC, CA, or TO zone, without a pursuant to the submission of an applicable Notice of Pro struction or (See Section 14-8A-6, below.) Such finding or determination Would create a hazard. Would endanger the general of persons in the vicinity of the Airport, or occupants of aircraft in flight. Would result in the raising of the minim flight altitude of any Federal Airway, approved off-airway route, or instrument ~ ~re to the Airport. Except as otherwise provided herein the use or occupancy of land, or change of use or occupancy in an existing building or in ~ shall be made, nor shall any new building be occupied been by the Building Official or Zoning Administrator. No occupancy permit obtained for a other use. No person shall be issued an, non-compatible use in any CA zone. No person shall establish maintain any in any location that would result in penetration of any zone herein by any portion vehicle that shall be permitted to operate upon such roadway. Within 5.000-feet of nearest of the nearest runway, no person shall establish or maintain any structure or create a bird Notwithstanding ' ' of this ordinance, no in any zone created by this ordinance, such zones: Establish any F Create, alter maintain any structure or use in such a manner as~t~o create electrical or radio [ion navigational signals or aircraft communications. ~ Install, ali se any lighting devices that make it difficult for pilots to d[s~.inguish between airport lights )re glare in the eyes of pilots, or otherwise impair visibility. moke, or other visual hazard that would impair visibility. or maintain any structure or use that would endanger or interfere witl~'-I, anding, takeoff or of any aircraff. or allow the growth of, any tree, which, during the normal life cycle of such~,tree, can be to grow into any zone created herein. , ,, Adopting a new Section 14-8A-6 entitled LIGHTING AND MARKING as follows: Nc ~standing any other provision of this ordinance, any person constructing or altering any's~ructure Io/ in any zone created by this ordinance shall install all lighting or markings upon said struc'tq,re as _~ be recommended by the FAA as a part of its review of the applicant's Notice of Prop'e~ed Cc ruction or Alteration. Such lighting or markings shall be made in a manner consistent with Regulations and Advisories. 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 air por t/or d/zoning doc Ordinance No. 02-4055 Page 6 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: The Building Official or Zoning Administrator shall perform the administration of these zoning regulations. 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. Except as otherwise provided herein, the Building Official or Zoning Administrator shall not issue any building permit or occupancy permit without first: 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. 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: The proposed structure meets the requirements for shielding. Each and all ef 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. There exists a structure or structures of a 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. The shielding structure is within 500 feet of the structure that is proposed for construction or alteration. 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. 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. 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: 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. 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. No pre-existing non-conforming structure, use, or tree shall be rebuilt, a~tered, 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. 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) Ordinance No. 02-4055 Page 7 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 14-8A-5F(6)., of this ordinance. Not withstanding the previous provisions of this section the owner of any pre-existing nomconforming structure or tree shall be required to permit the installation, operation, or maintenance thereon of any markers and/or lights as shall be deemed necessary by the City or County to indicate to the operators of aircraft, the presence of such structure or tree. 10. Adopting a new Section 14-8A-10, entitled "AIRPORT ZONING COMMISSION" as follows: Pursuant to the provisions of Section 329.9 of the Iowa Code, there shall be a Iowa City Municipal Airport Zoning Commission, consisting of five (5) members, two (2) of whom shall be appointed by the City of Iowa City, two (2) of whom shall be appointed by the Board of Supervisors of Johnson County, and one additional member whom shall be selected by a majority vote of the City and County appointed members, and who shall serve as Chairperson of said commission. The terms of such members shall be as provided by Section 329.9 of the Iowa Code. 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 fol[Ows: 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: 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. No use of land shall be permitted that would not be compatible with airpod operations. 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: 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: Such variance would not be contrary to the public interest. Such variance would be in the spirit of this ordinance and of Chapter 329 of the Iowa Code. 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. Such variance be subject to the requirement that the applicant shall install, operate, and maintain such markings and lighting, at the applicant's own expense, as may be necessary to indicate to aircraft operators the existence of an airport obstruction as determined by the Board. Such variance shall be subject to the reservation of the right of the City and the Airport, to go onto applicant's property to install, operate, and maintain thereon such FAA approved markers and lights as may be necessary to indicate to operators of aircraft the existence of an airport obstruction. 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 Ordinance No. 02-4055 Page 8 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 I1: REPEALER. Ail ordinances and pads of ordinances of the City of Iowa City that are in conflict with any provision of this ordinance are hereby repealed. SECTION II1: SEVERAB[LITY. 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. ecember ,2002. CITY CLL~RK APPENDIX I The controlling Federal authority for the Iowa City Municipal Airport is Federal Aviation Administration, Central Region Office of the Manager, Airports Division 901 Locust Kansas City, MO 64106-2641 APPENDIX II Notice of Proposed Construction or Alteration, FAA Form 7460-1 shall be sent to: Federal Aviation Administration Manager, Air Traffic Division 901 Locust Kansas City, MO 64106-2641 Ordinance No. 02-4055 Page 9 APPENDIX III Code of Federal Regulations Title 14-Aeronautics and Space Chapter 'l-Federal Aviation Administration, Department of Transportation, Subchapter E-Airspace Part 77-Objects Affecting Navigable Airspace, Subpart B-Notice of Construction or Alteration (Current through December 3, 2002; 67 FR 71903) §77.17 Form and time of notice. (a) Each person who is required to notify the Administrator under §77.`13(a) shall send one executed form set (four copies) of FAA Form 7460-'1, Notice of Proposed Construction or Alteration, to the Manager, Air Traffic Division, FAA Regional Office having jurisdiction over the area within which the construction or alteration will be located. Copies of FAA Form 7460-1 may be obtained from the headquarters of the Federal Aviation Administration and the regional offices. (b) The notice required under §77.'13(a)(`1) through (4) must be submitted at least 30 days before the earlier of the following dates: (`1) The date the proposed construction or alteration is to begin. (2) The date an application for a construction permit is to be filed. However, a notice relating to proposed construction or alteration that is subject to the licensing requirements of the Federal Communications Act may be sent to FAA at the same time the application for construction is filed with the Federal Communications Commission, or at any time before that filing. (c) A proposed structure or an alteration to an existing structure that exceeds 2,000 feet in height above the ground will be presumed to be a hazard to air navigation and to result in an inefficient utilization of airspace and the applicant has the burden of overcoming that presumption. Each notice submitted under the pertinent provisions of this Part 77 proposing a structure in excess of 2,000 feet above ground, or an alteration that will make an existing structure exceed that height, must contain a detailed showing, directed to meeting this burden. Only in exceptional cases, where the FAA concludes that a clear and compelling showing has been made that it would not result in an inefficient utilization of the airspace and would not result in a hazard to air navigation, will a determination of no hazard be issued. (d) In the case of an emergency involving essential public services, public health, or public safety that requires immediate construction or alteration, the 30-day requirement in paragraph (b) of this section does not apply and the notice may be sent by telephone, telegraph, or other expeditious means, with an executed FAA Form 7460-`1 submitted within 5 days thereafter. Outside normal business hours, emergency notices by telephone or telegraph may be submitted to the nearest FAA Flight Service Station. (e) Each person who is required to notify the Administrator by paragraph (b) or (c) of §77.`13, or both, shall send an executed copy of FAA Form '1'17-'1, Notice of Progress of Construction or Alteration, to the Manager, Air Traffic Division, FAA Regional Office having jurisdiction over the area involved. Ordinance No. 02-4055 Page 10 It was moved by Vanderhoef and seconded by 0' Donnel 1 that the Ordinance as read be adopted, and upon mil call there were: AYES: NAYS: ABSENT: × Champion X Kanner X Lehman X O'Donnell X Pfab X Vanderhoef ~- . Wilbum First Consideration ].1/5/02 Vote for passage: AYES: Lehman, O'Donnell, Vande~'hoef, Wilburn, Champ'ion. NAYS: Kanne~'. ABSENT: Pfab. Second Consideration ].1/19/02 Voteforpassage: AYES: Lehman, O'Donnell, Pfab, Vanden'hoer, Wilbu~n, Champion. NAYS: Kanne~', ABSENT: None. Date published ].2/].8/02 -? Prepar~ by: Sarah E. Holecek, First Asst. City Atty., 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 Ordinance No.. / AN ORDINANCL~AMENDING TITLE 14, CHAPTER 8, ENTITLED "AIRPORT ZONING" ~Y REPEALING ]'HE EXISTING CHAPTF~ IN ITS ENTIRETY AND REPLACING SAME WITH A CHAPTER REGULATING AND RESTRICTING THE LKSE AND HEIGHT OF STRUCTURES AND OBJECTS OF NATURAL GROWTH IN THE VICINITY OF THE IOWA CIT~/ MUNICIPAL AIRPORT BY CREATING APPROPRIATE ZONES AND ESTABLISHING BOUNDARIES THEREOXI~: DEFINING CERTAIN TERMS USED HEREIN: REFERRING TO THE IOWA CITY MUNICIPAL AIRPORT ZXO4~. ING MAP, AS AMENDED, WHICH MAP IS ADOPTED BY THIS ORDINANCE: ESTABLISHING AN AIRPORT ZONING COMMISSION: ESTABLISHING AN AIRPORT ZONING BOARD OF ADJUSTMENT: PROVIDING FOt~ ENFORCEMENT: AND IMPOSING PENALTIES. WHEREAS, it is hereby found that the Government of the UnitCt States of America has taken unto itself the sole authority to regulate the operation and control of aircr, a~ in flight, and has enacted certain federal regulations for the purpose of protecting the health, safety Sd general welfare of persons on the ground and of occupants of aircraft in flight, and the properly of tl}~se persons; and WHEREAS, the health, safety and general welfare o,3'¢~he residents and occupants of the City of Iowa City, Iowa, and Johnson County, Iowa, and the userJ of the Iowa City Municipal Airport, depend upon the knowledge of, and adherence to, federal regula~j6ns that have been enacted; and WHEREAS, Obstructions in the pathway of ail(craft in flight, and certain uses of the land Underlying those pathways constitute a hazard to the healffi, safety and general welfare of the occupants and users of the land, and to the property of said occupaCs and users. The creation, establishment or maintenance of such hazards is a public nuisance and art 3njury to the people of the City of Iowa City, and Johnson County, and / WHEREAS, Failure to adhere to principles and practice of safe use of the airspace and land in the vicinity of the Iowa Ci could impai[ or destroy the utility of the Airport and the public investment 1 WHEREAS, for the health, general welfare of the residents and occupants of the City of Iowa City, Iowa, ', Iowa, this ordinance is adopted pursuant to the authority conferred upon the City of Iowa City, County Board of Supervisors by the provisions of Chapter 329 of the Iowa Code, mumc~palities, and relating to the prevention of hazards and non-compatible land uses in the vicini by establishing Airport Zoning Regulations.. NOW, BE 1T ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. Title entitled "Airport Zoning", Articles A through D, entitled "General Airport Zoning "Airport Zones", "Administration and Enforcement" and "Modifications, Exceptions and V~ respectively, are hereby repealed in their entirety (including all sections contained and a new Title 14, Chapter 8, entitled "Airport Zoning", Article A, entitled "Airport Zoning eby adopted as follows: 1.~Adopting a new Section 14-8A-1 entitled "SHORT TITLE": as follows: This ordinance and X~solution shall be known and may be cited as "The Iowa City Municipal Airport Zoning Oh~nance" or "The Airport Zoning Ordinance." 2. Adoring a new Section 14-8A-2 entitled "PURPOSE": as follows: The purpose ofthip/Chapter shall b~o: \ A. Exerc~e, to the fullest extent possible, the powers granted to municipalitiqs Under the Code of Iow& as amended, and to codify existing regulations of the Federal Aviation Adnfinistr~xtion relating to land uses incompatible with or constituting a hazard to aviation at the Iowa Cify, xMunicipal Airport. B. Promote the pubic health, safety, order, convenience, prosperity and general welfare through the prevention of oXt0~structions and non-compatible land uses, to the extent legally possible, by proper exercise of thin, lice power, without compensation. C. Achieve the mitigation b~ non-compatible uses and hazards to safe air navigation through prevention, removal, or al~ration, through the marking and lighting of obstructions, which are public purposes for wh~h~a the City of Iowa City, and Johnson County may raise and expend public funds, or through the acquisitioa,bf land or interests in land; to that end, the City Council of iowa City and t~h,e, Board of SUpervisors of Johnson County hereby declare that: N, 1. A hazard created by failure to c~o~ly with the provisions of this ordinance may be abated in the manner prescribedVa'~for the abatement of public nuisances; and 2. Neither political subdivision ~all becon~te liable for the expenditure of its public funds unless such expenditure she/have been appro, ved in advance by its governing body. 3. Adopting a new Section lS": as follows: For the purposes of this ordinance, the following shall apply unless ~e context requires otherwise. In each case the sing~ ~lural and the plural shall4nclude the singular. AERIAL NAVIGATION -' gh flie air. AIRCRAFT - Any controlled contrivance used or designed, for carrying humans in flight through the air, but ~ including parachutes. City Municipal Airport AIRPORT - The Iowa City Municipal Airport Commissio, n or its duly appointed representative. (MSL). AIRPORT Any structure, or tree, or use of land, which would e~ceed the Federal obstructi( contained in 14 CFR FAR, Part 77, and which obstructs or is otherwise hazardo . to the landing or departure of any aircraft at the Airport, or hazardou~ ,to persons or ground. Any structure or tree that the Federal Aviation Administration has found, or to be a hazard. - Any area of land or water upon which an airport hazard might be e! prevented as provided by this ordinance. MAP - The lowa City Municipal Airport Zoning Map, dated March 25, 2002, as thereafter amended by ordinance, which Map is adopted by this Ordinance and which Mhp 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. Iowa. (FAA) - An agency of the United States Gove~ment that the Federal regulations that relate to the use and flight of aircraft/and related re The location of the controlling FAA office may be found in App/eddix 1 of this That edge of any zone that is closest to the runway end to which the zone applies. The inner ed ' perpendicular to the runway centerline. The elevation of/e~ch inner edge is the same ~ of the runway threshold to which it applies, and y~hich is depicted on the dated March 25, 2002, and as thereafter amended/by ordinance, which Map is adopted inance and which Map is on file in the Office 9fthe City Clerk, Iowa City, Iowa. / NOTICE OF ALTEKATION - A re/quirement of 14 CFR Ch. 1. Part 77, , kind of construct~6n or alteration of the type described in the section to provide the FAA of such actio~/A copy of Part 77 may be found in Appendix III of this ordinance. NON-COMPATIBLE USE - An, ~ that would degrade the safety of people on the ground, or occupants of aircraft in flight, e of hazardous materials, above ground storage of flammable liquids and those that lead to an assembly of people, including, but not limited theaters, churches, schools, athletic fields, camp grounds, hospitals, office buildir centers, hotels and motels, and other uses with similar concentrations of persons. NON-CONFORMING STRUCTURE -- An, or portion of any structure that is located within or underlying any of the zones created b, induce and that does not conform to the height and/or use provisions of this ordinance. OBSTRUCTION -- Any structure or trek'the height of Xv(hich exceeds that which is allowed by this ordinance· PERSON Any individual, firm,/eo-partnership, corporXa~io.n, company, association, joint stock association, or body politic, agd includes any trustee, assignee or other similar representative thereof. /' RUNWAY THRESHOLD - A,~signated point on any Airport ru~vay that establishes the end of the runway. The Runway ThreShold may or may not correspond wi~h the end of the paved portion of the runway. // STRUCTURE -- Any o~ect, whether permanent or temporary, stationXary or mobile, constructed or installed by humansi' including but not limited to; buildings, towe~, smokestacks, scaffolds, I ghnng fixtures, j~ubhc and private roads, railways, and overhead t s~on hues, ~nclud~ng poles or other structures supporting the same. TREE - Any opJect of natural growth. ZONING ADMINISTRATOR - The Zoning Administrator of Johnson County~owa, or a duly authorize~l/designee thereof. 4. Adopt~g a new Section 14-8A-4 entitled "AIRPORT ZONES": as follows: In or carry out the j~rovisions of this section there are hereby created and established certain zones~which are a.d/etp!e.d and described herein, and which are depicted on the Iowa City Airport Zon~g Map, )~ated March 25, 2002, and as thereafter amended by ordinance, which Map is adopted~y 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~wl~h~,he~ore restrictive height and use limitation. The various zones hereby established and defined are xos 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 les vary in The AO Zones at the Airport are as follows: / size and slope based upon the present or future use that can b/e expected for each / 1. - Beginning 200 feet beyond the runway thresh'old to the northeast, and on the extended centerline of the runway, the inner ed~g6 of the zone is 1,000 feet wide, uniformly to an outer edge width of 16,000 ,feet. The altitude of the inner edge is same as the altitude of the runway threshold at tl~ centerline, as depicted on the Airport lng Map. For each 50 feet of horizontal distanCe, the floor of the zone rises from the inner~ one foot (50:1) for a horizontal distance of 10,000 feet, and then rising, for horizontal distance, one foot (40:1.) rotan additional distance of 40,000 feet. 2. Runwa' 200 feet beyond the phved portion at the end of the runway and centered on the centerline of the run~ay, the inner edge of the zone is 1,000 feet wide, expanding ~ to an outer edge width of 1,500 feet. The altitude of the inner edge is the same as ltitude of the runw3~ threshold at the centerline, as depicted on the Airport Zoning Map. distance, the floor of the zone rises from the inner edge one foot continuing/~or a total horizontal distance of 5,000 feet. / 3. Runway 30 (AO30) - the threshold at the southeast end of the runway and centered on of the runway, the inner edge of the zone is 500 feet wide, expanding to an outer edge width of 3,500 feet. The altitude of the inner edge is the same as the alt f the runway threshold at the centerline, as depicted on the Airport Zoning Map. For the floor of the zone rises from the inner edge one foot horizontal distance of 10,000 feet. 4. Runway 12 (AO12) - B~ at the end of the runway and centered on the inner edge of the zone is 500 feet wide, expanding uni: to an outer edge w~d[h of 1,500 feet. The altitude of the inner edge is the same as altitude of the runway thre's,hold at the centerline, as depicted on the Airport Zoning For each 20 feet of horizontal ~stance, the floor of the zone rises from the inner edge continuing for a total hoficontal distance of 5,000 feet. 5. Runway 36 - Beginning 200 feet beyond the pav~ portion at the south end of the runway on the extended centerline of the runway, the inner edge of the zone is 500 feet uniformly to an outer edge width ofgx, 500 feet. The altitude of the e is the same as the altitude of the runway threshold at tie centerline, as depicted on the A Zoning Map. For each 34 feet of horizontal distance, ~e floor of the zone rises ge one foot (34:1), for a total horizontal distance of'i,0,000 feet. 6. 18 (AO 18) o Beginning 200 feet beyond the threshold at the nOrth end of the runway centered on the extended centerline of the runway, the inner edge of the zone is 500 feet 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 z0~,e 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 cre~ted herein. / ~,xb. No person shall establish or maintain any private roadway in any loj2'~tion that would result X,~n penetration of any AO zone by any portion of any vehicle that sh/a,i'l be permitted to operate u~uch roadway. B. Control[ed Activity Zone- (CA) Defined. An area of fixed/~ize, underlying the innermost portion (closeXsI to the runway end) of the AO zone for that runy(ay, descending from the floor of the AO zone to~l~e ground. The width and length of CA zone~/may vary, and may be different on each runway end. T~e CA zones for the Airport are as folloy~s: , / 1. Runway 25 (CA25~Underlying the innermost 1,70/ff feet of the AO zone at the northeast end of the runway, the h4dth of the CA zone is J/,000 feet at the inner edge and expands uniformly to a width ofl~ 0 feet / 2. Runway 7 (CAT)- Underlying~he innermos~/l,700 feet of the AO zone at the southwest end of the runway, the width of the '~A zone ~/500 feet at the inner edge and expands uniformly to a width of 1010 feet. 3. Runway 30 (CA30) - Underlying the)'(n~nermost 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) - Unde ' the innermo}t~l,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) - U,~/derlying the innermost 1,000 fe~t,of the AO zone at the south end of the runway, the width df each CA zone is 250 feet at the infler edge, expanding uniformly to a width of 450 feet. / / 6. Runway 18 (C~y~) - Underlying the innermost 1.000 feet of the AO zone at the north end of the runway, thz4 width of the CA zone is 250 feet at the inner edge, expanding uniformly to a width of 450/feet. 7. Use Limi~tions: a. No,lgerson shall establish or maintain any non-compatible use in any Controlled Activity Zone/ b.,,J~o structures, other than airport structures, the location of which is dictated by function, ei/ther permauent 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 'i~he State of Iowa. /C3 H, .or!z.onta! .Overlay Zone (HO) Defined The airspace above a horizontal plane, the perimeter o.f w.hi~ch is estab_lished by swinging arcs of 10,000 foot radii from the center of the inner edge of !he AO,zones~ .of runways 25, 30, and 36, and an arc of 5,000 foot radius from the center of the inner edge~f 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: X~groEXCept as otherwise provided herein, no person shall construct or alter any structure, or plant w any tree, so as to penetrate the Horizontal Overlay zone created herein. D. TranX/tional Overlay Zone (TO) Defined The airspace above a sloping platte along each side of each ruXl~a.y, and from the sides of each AO zone. For each 7 feet horizonSt(lly the floor of the zone rises at~e rate of l foot of elevation (7:1) The TO zones for the Airpo/rf are as follows: 1. Runway 25 (x~O25) - Along each side of the runway, beginning a/~aa point 500 feet from the center line oftl~ runway and at right angles to the runway cent?Z line, and from each side of the AO zone at tl~ northeast end of the runway, at right angle~o the extended runway center line. The TO zoneR interrupted at the point where it inters/~Cts the HO zone, and resumes at the outer edge of th~CO zone (see Section III, E, belloW) and continues outward at right angles to the extended h~way center line, for a distanc/¢of 5,000-feet from the outer edge of the AO zone. 2. Runway 7 (TO7) - Along ea~q~ side of the run~y,~, beginning at a point 500 feet from the center line of the runway and at~ght angles to/the runway center line, and from each side of the AO zone at the northwest enX4 of the r.~w~y, at right angles to the extended runway center line. The TO zone ends at the~ointw/here it intersects the HO zone. 3. Runway 30/12 (TO30/12) - Along cache[de of the runway, beginning at a point 250 feet from the center line of the runway and at right ~gles to the runway center line, and from each side of the AO zone at each end of the rcfway a~right angles to the extended runway center line. The TO zone ends at the point wh/~e/it interse~e~,the__ HO zone. 4. Runway 36/18 (TO36/18) - AIj~ng each side ofth~'funway, beginning at a point 250 feet from the center line of the runway/find at right angles to th~ runway center line, and from each side of the AO zone at each en)fof the runway, at right angles to the extended runway center line. The TO zone ends at th~45oint where it intersects the H~)xzone. 5. Height Limitations: / a. Except as oti~¢ise provided herein, no person shall c~l,struct or alter any structure, or plant or grow an)/tree, so as to penetrate any Transitional Overlay zone created herein. b. No pers/oi( 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 perm)t~ed to operate upon such roadway. · / E. Conill Overlay Zone (CO) Defined The airspace above a sloped horizontal plane beginning at the p/e/riphery of the HO zone. 'For each 20 feet horizontally, the floor of the 2one rises one foot in he)~ht (20:1) for a horizontal distance of 4,000 feet. 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. a new Section 14-8A-5 entitled "GENERAL ZONING REGULATIONS" as follows: 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 ; FAA, pursuant to the submission of an applicable Notice of Proposed Construction or eration. (See Section 14-8A-6, below.) Such finding or determination must n)~ find or / det~ine that the proposed construction or alteration: 1. Whuld create a hazard. 2. Wou~ endanger the general safety, health and welfare of persons in the/vicinity of the Airportx or occupants of aircraft in flight. 3. Would r~ult in the raising of the minimum instrument flight altitude o/f any Federal Airway, approved ~f-airway route, or instrument approach procedure to the .~5-port. B. Except as otheXrwise provided herein, no change in the use or occ)rbancy of land, or change of use or occupanc~in an existing building or in any zone cma/t/ed herein shall be made, nor shall any new bm~k~,ing be occupied until an occupancy )~firmit has been issued by the Building Official or Z~ning Administrator. No occupancy,l~ermit obtained for a specific use shall apply to any other ~. C. No person shall be issued an~,ccupancy permit for an2/non-compatible use in any CA zone. D. No person shall establish or ma~,tain any private V~adway in any location that would result in penetration of any zone created he~r~in by any pgttion of any vehicle that shall be permitted to operate upon such roadway. E. Within 5.000-feet of the nearest Airport runway, no person shall establish or maintain any structure or use create a bird strike hazard. F. Notwithstanding any other provis of thls ordinance, no person shall, in any zone created by this ordinance, or upon any or water underlying such zones: 1. Establish any 2. Create, alter, ' structure or use in such a manner as to create electrical or radio gnals or aircraft communications. 3. Install, devices that make it difficult for pilots to distinguish between airport lights glare in the eyes of pilots, or otherwise impair visibility. 4. Produce or other visuaI hazard that would impair visibility. 5. Create, al~r, or maintain any structure or use that would endanger or interfere with landing, takeof~o~ maneuvering of any aircraft. / 6. Plagff, or allow the growth of, any tree, which, during the normal life cycle of such tree, can  6xpected to grow into any zone created herein. 6. Adopti~,~ a new Section 14-8A-6 entitled "LIGHTING AND MARKING" as follows: A. lxJ6twithstanding 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 J said structure as shall be recommended by the FAA as a part of its review of the apl~ticant'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 Cit-/or County to install, and/or operate and maintain such lighting and/or markings as the Ci~ o/r'County deems essary to indicate to operators of aircraft the presence of an airport obstruc~n. / 7. Adoptin~x,~w Section 14-8A-7, entitled "ADMINISTRATIVE PROCEDURE"~,ftSIlo~vs: A. The ~3t~il'd(ng Official or Zoning Administrator shall perform the a~fiinistration of these zoning regulationsX B. Any person wh~proposes to construct or alter any structure i~/or underlying any AO, CA, or TO zone created hei~in, and who is required to provide N~ice of Proposed Construction or Alteration to the '~dministrator of the FAA by requiry/nents of Part 77, shall furnish to the Building Official or Z~ing Administrator, a copy ofs~d notice. / C. Except as otherwise prodded herein, the Buildi.n~Of_ficial or Zoning Administrator shall not issue any building permit oi?xccupancy permit ~out first: 1. In any AO, CA, or TO zonXe~reated herei/~'., having received from the applicant a copy of the applicable Notice of Proposed Constru//tion or Alteration as provided to the FAA, and the corresponding finding or dete]~n~inati/dn from the FAA that the proposed construction or alteration complies with SECTION~ of this ordinance. 2. ~tea~ii~~ determined that the prop/o/sed~,se/'- is consistent with the zoning provisions contained 8. Adopting a new Section 14-8A-8 itled "EXCEPTIONS:" as follows: No Notice of Proposed Construction or Alteration ~s requlr0d to be submitted to. the FAA or to the Building Official or Zoning Administrator for a building perm~ construction or alteration of any structure when the Building Official or Zoning determined that: A. The proposed the requirements for shielding. Each and all of the following requirements 1. The property which the construction or alteration is proposed is located within the congested area c 2.The structure does not lie within any CA zone. 3.There ex a structure or structures of a permanent and substantial nature at least as tall and at least as ,ide as the proposed structure, and which lie(s) between the location of the proposed or alteration, and a point on the runway centerline at the threshold of the closest end ~ unway of the Airport. 4. shielding structure is within 500 feet of the structure that is proposed for construction or It is evident beyond a reasonable doubt that the shielded structure will not adversely affect aerial navigation. he proposed structure is an antenna that is no greater than 20 feet in height, and does not increase he 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 l~otice of Proposed Construction or Alteration is required because the proposed structure does h~t lie within 20,000-feet of the nearest point of the nearest runway, or does/not penetrate an imagin~y surface, beginning at the nearest point of the nearest runway and at t)fe elevation of the runway t~eshold, rising one foot in elevation for each 100 feet of horizorC4d distance (100:1.) This excepfio~ does not apply to structures located in any CA Zone. E. There exists anX~mergency, involving essential public services, publ~ health, or public safety, that requires imm'e~iate construction or alteration, providing that thTapplicant complies with the requirements of 14 ~R FAR, Part 77.17 (d) (See Appendix III). l/ 9. Adopting a new Section 14-8A nt~tled NON-CONFORMITIES , ows. A. The regulations prescribed hX'erein are not retroactive un, shall not be construed to require the removal of any tree, or the recbnstruction or alteration,/Or the discontinuation of any use of any structure made non-conforming b~the adoption of thiCrdinance. B. Nothing contained herein shall re'iX!ire any cha~e in the construction or alteration, or the intended use of any structure, the c°Xnstruction/4r alteration of which was begun prior to the effective date of this ordinance, and,,which/~vas conforming prior to the adoption of this ordinance, and is completed within one y~ar t~reafier. pre-existing non-conforming structure//~se, or tree shall be rebuilt, altered, allowed to grow C. No higher, or be replanted, so as to constitkfte a greater Airport hazard than it was at the time that these regulations were adopted. D. Whenever the Building Official~rr Zoning Administrator determines that a non-conforming structure has been abandoned, tcin down, physically deteriorated, damaged, or decayed, to such an extent that its value in no ~r~ater that 50% of the average value of the structure and the land over the preceding ten (10)~¢ears, 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 ~stroyed shall be subject to the provisions of SECTION 14-SA-5F(6)., of this ordinance. E. Not withstanding tp/e previous provisions of this section the owner of any pre-existing non- conforming struct/ffre or tree shall be required to permit the installation, operation, or maintenance thereon of any/fnarkers and/or lights as shall be deemed necessary by the City or County to indicate to th/e~neroperators of aircraft, the presence of such structure or tree. 10. Adopting a nzow Section 14-8A-10, entitled "AIRPORT ZONING COMMISSION" as follows: Pursuant to the provisions of Section 329.9 oftbe Iowa Code, there shall be a Iowa City Municipal Airport Zoning Commission,/c/onsisting 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 additiona/IAnember whom shall be selected by a majority vote of the City and County appointed members, and wh/4shall serve as Chairperson of said commission· The terms of such members shall be as provided by STtion 329.9 of the Iowa Code. 1 I. 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 Ad the duties and powers esta~shed by the Iowa Code. 12. Adopting a new Section 1~8A-12, entitled, "SPECIAL EXCEPTIONS" as follows: \ A. With the concurrence ora majority vote, the Airport Zoning Board of (the Board) may, based upon a ~vritten~determination from the FAA, reverse any ord uirement, decision or determination of any adn~nistrative official and may modify the ordinance in favor of an applicant, providi~: 1. Any height or use modified by the Board shall not result in a hazard to 2. No use of land shall be permitted~at would not be c airport operations. B. Any application for a special exce shall include as a part thereof, the written determination to the ~lication, and no application shall be set for hearing by the Board in the 13. Adopting a new Section 14-8A- 13, entitled, "V ES", as follows: A. Any person desiring to construct or alter~ny s~lcture, or permit the growth of any tree, or otherwise use property in a manner that }~ould con~[itute a violation of this ordinance, may apply to the Board for a variance from these Cgulations. The Board shall consider no application for a variance to the requirements of this o~l~in~nce unless a~ppy 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 r~spond to the Board within forty-five (45) days from its receipt of the copy of the application)Ahe Board may make its d~cision in the absence of the Airport Commission opinion. Sucb/~ariances may be granted by the Board only where the literal application of these regul~ions would result in unnecessary hardship, and are subject to the following: 1. Such variance ~odld not be contrary to the public interest. / 2. Such varian/~ffwould be in the spirit of this ordinance and of Chapter 329 of the Iowa Code. / Such var/~ince shall be granted subject to any reasonable conditions that the Board may deem 3. nece~~y t° effectuate the purp°ses °fthis °rdinance and °f Chapter 329 °fthe I°wa C°de' 4. Such variance be subject to the requirement that the applicant shall install, operate, and n/aintain 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 ~/'~' ~ard. 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. An~person aggrieved or affected by any decision of the Airport Zoning Board of Adjustment may ~pxpeal such decision, pursuant to the provisions of the Iowa Code. Adopting a~n~w Section 14-8A-14, entitled, "ENFORCEMENT", as follows://~nforcement 14. Of the provisions of this ot'4inance shall be the responsibility of the City Manager or s/uch/' persons as the City Manager shall, from th~ae to time direct. However such duties of enforcement a~l administration shall not include any of the pow~k~,herein delegated to the Airport Zoning Board of A~ljqlstment. 15. Adopting a new Section, 14-8A-15, entitled, "EQUITABLE REMEDI~S~', as follows: The City or the Airport may, pursuant to Section 329.5 of the iowa Code, malntaln/a/n action in equity to restrain and abate as a nuisance the creation, establishment or maintenance of?ali airport hazard, in violation of any provision established by this ordinance, on any property, whether/34ithin 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 ~r 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,/~ENALTIES", 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 imprisonmeyft in the county jail for not more than 30 days, or both. Each day a violation occurs or continues to exi~ shall constitute a separate offense. / 18. Adopting a new Section 14-8A-18, ent~ed, "CONFLICTING REGULATIONS", as follows: In the event of any conflict between regulations contc?hed in this ordinance and any other regulations applicable to the same area, whether the conflict be with/~espect to height of structures or trees, use of structures or land, or any other matter, the more stringent ~nitation or requirement shall prevail. SECTION II: REPEALER. All orCances and parts of ordinances of the City of Iowa City that are in conflict with any provision of ti?is o' rdinance are hereby repealed. SECTION III: SEVERABILITY/.' If any section, provision, or part of this Ordinance shall be adjudged to be invalid or unconstitutiona/~,, such adjudication shall not affect the validity of this Ordinance as a whole, nor any section, provision ~patt thereof not adjudged invalid or unconstitutional. SECTION IV: EFFEQ~flVE DATE. This ordinance shall be in effect immediately after its final passage, approval and pub!,}cat~on, as provided by law. / / / APPENDIX I The controlling Federal authority for the Iowa Ci,ty Municipal Airport is: Federal Aviation Administration, Central Region Office of the Manager, Airports Division / 901 Locust Kansas City, MO 64106-2641 APPENDIX II Notice of Proposed Construction or Al?X/ation, FAA Form 7460-1 shall be sent to: Federal Aviation Administration / Manager, Air Traffic Division 901 Locust / Kansas City, MO 64106-2641/' Sarah/landuse/aivport/ai~port ?on~ng ordinance 10-16 doc