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HomeMy WebLinkAboutBy-Lawsr -l�r 4 CITY OF IOWA CITY MEMORANDUM Date: September 23, 2005 To: City Council From: Eleanor M. Dilkes, City Attorney Re: State Requirements for City Boards and Commissions In her memo of July 22, 2005, a copy of which is attached, Planning Director Karin Franklin set forth the State Code requirements for city boards and commissions staffed by the Planning Department. The following are state requirements for boards staffed by other city departments: 1) Library Board. Pursuant to Section 392.5 of the Iowa Code, any proposal to alter the composition, manner of selection, or charge of a library board is subject to voter approval. Pursuant to Title 11 of the City Code, the Library Board of Trustees consists of nine members appointed by the Mayor with approval of the City Council, and a county representative. All members of the board must be residents of the city, except for the non-resident member, and all must be over the age of 18 years. 2) Airport Commission. Pursuant to Section 330.20 of the Iowa Code, the Airport Commission may consist of three or five resident voters. The terms of office can be established by city ordinance but shall be no more than six and no less than three years. 3) Airport Zoning Commission. Pursuant to Section 329.9 of the Iowa Code, the Commission consists of two members from the City, two from the County and a Chair selected by majority vote of the other members. The terms must be six years. 4) Airport Zoning Board of Adjustment. Pursuant to Section 329.12, the Board of Adjustment consists of two members appointed by the City Council, two appointed by the Board of Supervisors and one additional member as chair, selected by a majority vote of the other members. The terms must be five years. Cc: City Manager Assistant City Manager City Clerk eleanor/mem/brd-comm-regs.doc CITY OF IOWA CITY 1P4 Ta %,' MEMORANDUM Date: July 22, 2005 To: Steve Atkins, City Manager - G� i From: Karin Franklin, Director, PC Re: State requirements for Boards and Commissions As requested, we have reviewed State law relative to the various appointed boards and commissions staffed by the Planning Department. Those include Housing and Community Development Commission (HCDC), Planning & Zoning Commission (P&Z), Board of Adjustment (BOA), Historic Preservation Commission (HPC), and Public Art Advisory Committee (PAAC). Only P&Z, BOA and HPC are addressed in the Code of Iowa, 303.34 A city must provide by ordinance for an historic preservation commission when an ordinance is enacted designating an historic district. There must be at least three members; otherwise the terms and numbers of members of the commission are left to local discretion. Guidance is given as to the expertise of members and that not more than one-third of the commission can also be zoning commissioners. A representative from each designated historic district is required. 414.6 Requirements for a zoning commission are more vague. A commission is required if a city wants to have zoning. There are no stipulations for number, terms or qualifications. Reference is made to a city plan commission being able to act as the zoning commission, but there is no other reference in the Code to a plan commission. 414.7 By Code, the board of adjustment shall consist of 5 or 7 members who will serve for 5 years. A majority of the members must be persons representing the public at large and cannot be involved in the buying or selling of real estate. Prepared by: Sarah E. Holeeek, First Asst. City Atty., 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 ORDINANCE NO. 02-4055 AN ORDINANCE AMENDING TITLE 14, CHAPTERS, 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 Airport Zoning Regulations. . NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: ECTION 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 tincluding 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 airpoNordlmning.doc 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-BA-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. alrportfordflen-p-zoning-revised pages for codif.doc 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 overly 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: Runway 25 (A025) - 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 (A07) - 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 (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 3,600 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 (A036) - Beginning 200 feet beyond the paved portion at the south 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 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: alrpoWordhemp-zoning-revised pages for codlf.doc 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 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: 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 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. 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. Runway 12 (CAI 2) - 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. 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. Runway 18 (CAI 8) - 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 WO] 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 are 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 OverlaKZone 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: Runway 25 (T025) - 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 right angles to the extended runway center line, for a distance of 5,000-feet from the outer edge of the AO zone. Runway 7 (T07) - 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. Runway 30/12 (T030/12) - 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. Runway 36118 (T036/18) - 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 a1rWVogdhon1ng.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 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-SA-6, and Appendix 11 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-BA-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 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. 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 airponlordAemp-zoning-revised pages for codif.doc Ordinance No. 02-gp55 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 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. 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, 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. 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) Swport/ordhoNng.doc 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 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 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 follows: 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 airport 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 alrporl/ord/zoning.doc 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 ll: EPEALER. 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. Pass d and approved this LQlb day of December , 2002. MAYOR ATTEST: _ •sc� 71 �J CITY CL K 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 airpoNaNzoning,doc Lisa: Board and Commission Openings for 4/16/2002 Agenda Current Vacancies Due to changes in the State Code, the following positions are now vacant. Previously the Airport Zoning Commission required (1) Airport Commission Representative and (1) Planning and Zoning Representative. This is no longer required and the positions are to be filled by Council appointment. (1) Airport Zoning Commission —Two vacancies to fill unexpired terms. One ending December 31, 2003 and the other ending December 31, 2005. (2 Males and 1 female currently serve). Due to a change in the State Code, the following position is now vacant. Previously the Airport Zoning Board of Adjustment required (1) Board of Adjustment Representative. This is no longer required and the position is to be filled by Council appointment. (2) Airport Zoning Board of Adjustment — One vacancy to fill an unexpired term ending December 31, 2003. (3 Males and 0 females currently serve). APPLICATIONS MUST BE RECEIVED BY 5:00 P.M.,WEDNESDAY, JUNE 5, 2002. 40 Cyr,✓�O�-� �C E� VOL � io d rdlnance o. AN ORDINANCE 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 WHICH IS INCORPORATED IN AND MADE A PART OF CH1S ORDNANCE: ESTABLISHING AN AIRPORT ZONING COMMISSION: ESTABLISHING r" AIRPORT ZONING BOARD OF ADJUSI-MENT: PROVIDfNG FOR L:N€"ORCEMENT: AND IMPOSING PENALTIES. 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. It is hereby found that: 1. 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. 2. 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. 3. 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. 4. 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. Accordingly it is declared that: 1. The prevention of obstructions and non -compatible land uses should be accomplished, to the extent legally possible, by proper exercise of the police power, without compensation. 2. The mitigation of non -compatible uses and hazards to safe air navigation by prevention, removal, or alteration, or the marking and lighting of obstructions are public purposes for which the City of Iowa City, and Johnson County may raise and expend public funds, and acquire land or interests in land. 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. Howard R. Green Company QWy DocumentsWRMAirport Zoning - IOW.doc Page 1 of 2 IT IS HEREBY ORDAINED BY the City of Iowa City, and Resolved by the Johnson County Board of Supervisors as Follows: SECTION I: SHORT TITLE: This ordinance and resolution shall be known and may be cited as "The Iowa City Municipal Airport Zoning Ordinance" or "The Airport Zoning Ordinance." SF,CTION II: DEFINITIONS 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. 1. AIRCRAFT — Any human controlled contrivance used or designed for carrying humans in flight through the air, but not including parachutes. 2. AERIAL NAVIGATION — The movement of an aircraft through the air. 3. AIRPORT — The Iowa City Municipal Airport 4. AIRPORT COMMISSION — The Iowa City Municipal Airport Commission or its duly appointed representative. 5. AIRPORT ELEVATION — 684-feet above mean sea level (MSL). 6. 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 deternuned, to be a hazard. 7. 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. 8. BUILDING OFFICIAL. — The Building Official of Iowa City, Iowa, or a duly authorized designee thereof. 9. CrrY — The City of Iowa City, Iowa. 10. COUNTY — Johnson County, Iowa. l 1. FEDERAL Avmim 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. 12. 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. 13. 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, putrescible waste landfills, smoke or steam producing activities, any activity that would produce electrical or radio signal interference not compatible with safe operation of an aircraft, and those that lead to an assembly of people, including, but not limited to, residences, churches, schools, athletic fields, hospitals, office buildings, shopping centers, and other uses with similar concentrations of persons. 14. 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. 15. OBSTRUCTION — Any structure or tree, the height of which exceeds that which is allowed by this ordinance. Howard R. Green Company CWy DocumentMMAIrport Zoning - IOW.doc Page 2 of 2 D B�V 16. 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. 17. 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. 18. 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. 19. TREE — Any object of natural growth. 20. ZONING ADMINISTRATOR — The Zoning Administrator of Johnson County, Iowa, or a duly authorized designee thereof. SECTION III: AIRPORT ZONES In order to carry out the provisions of this section there are hereby created and established certain zones which are described herein and depicted on the Iowa City Airport Zoning Map, which is hereby made a part of this ordinance. 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 Over 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 (A025) - 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. For each 50 feet of .horizontal distance, the floor of the zone rises from the inner edge one foot (50:1) for a I ,� rtorizontal 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 (A07) - 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. 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 (A030) - 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. 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. Howard R. Green Company C:Wy DocumentsWRGlAtport Zoning - IOW.doc Page 3 d 3 Ay.4. Runway 12 (AO12) - B3eginningnd 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. 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 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. 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 (AO 18) - 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. 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. Height Limitations: 1. 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. 2. 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. ControIled 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 1,000 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 700 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 (CA] 2) 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. Howard R. Green Company C:WIy DocumerdsWRGWrport Zoring-10W.dw Page 4 of 4 /, L�fl1t d� 2ering Runway 36 (CA36) - Un the innermost 1,000 ect of the AO zone at the each end of the runway, the width of each CA zone is 500 feet at the inner edge, expanding uniformly to a width of 700 feet. 6. Runway 18 (CAI 8) -Underlying the innermost 1,000 feet of the AO zone at the north 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. Use Limitations 1. No person shall establish or maintain any non -compatible use in any Controlled Activity Zone. 2. No structures, other than airport structures, the location of which is dictated by function, either permanent or temporary, shall be permitted in the following Controlled Activity Zones: CA7, CAI 8, CA25 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. Hdght 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 (10) 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: 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 right 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 (T07) - 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 (T030/12) - 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. Howard R. Green Company 0:1Proj1176560.M1rport Zoning - IOW.doc Page 5 of 12 Meacside D A V 4. Runway 36/18 (T036/18 - loVte unway, 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. Heigh Limitations: 1. 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. 2. 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. 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. SECTION IV: GENERAL ZONING REGULATIONS 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 without a determination or finding from the FAA. (See Section VI B., below.) Such finding or determination shall not find or determine that the proposed construction or alteration: L Would create a hazard. 2. Would establish a non -compatible use. 3. Would endanger the general safety, health and welfare of persons in the vicinity of the Airport, or occupants of aircraft in flight. 4. 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. B. Except as otherwise provided herein, no person shall occupy any structure in any zone created herein without having first obtained an occupancy permit from 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. C. 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. Howard R. Green Company C:Wly DocumentslHRGlAirport zoning - IOWA= Page 6 of 6 DAis D. Notwithstanding any other provisionnance, 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 that would create a bird strike hazard. 3. 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. 4. 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. 5. Produce steam, smoke, or other visual hazard that would impair visibility. 6. Create, alter, or maintain any structure or use that would endanger or interfere with landing, takeoff or maneuvering of any aircraft. 7. 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. SECTION V: LIGHTING AND MARKING 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, at its own expense, to install, 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. SECTION VI: AD uamAnw PROCEDURE 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 of the zones created herein shall notify the Administrator, Federal Aviation Administration, by sending one executed form set (four copies) of I~AA form 7460-1_Notice of PLQposed Construction or Alteration, to: Manager, Air Traffic Division, FAA Regional Office, Central Region. (See appendix 2). Such notice shall be sent at least 30 days prior to the earlier of the following dates: 1. The date the proposed construction or alteration is to begin. 2. The date an application for a building permit or occupancy permit is to be filed. Howard R Green Company C:Wy Documents%RGlAirport Zoning - IOW.doc Page 7 of 7 Messentia D C. In the event of an emergency �n Kpublic services, public health, or public safety that requires immediate construction, the Building Official, or Zoning Administrator, may waive the 30 day notice requirement, providing that the applicant complies with the requirements of 14 CFR FAR, Part 77.17 (d). D. Except as otherwise provided herein, the Building Official or Zoning Administrator shall not issue any building permit or occupancy permit without first: i . Having received from the applicant a copy of the applicable FAA form 7460-1, as submitted under paragraph B. of this section, 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 not non -compatible, and is consistent with the zoning provisions contained herein. E. EXCEPTIONS: No FAA form 7460-1 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 which the Building Official or Zoning Administrator has determined that: 1. The proposed structure meets the requirements for shielding. Each and all of the following requirements are required for a determination of shielding. a. The property upon which the construction or alteration is proposed is located within the congested area of a city. b. The proposed structure does not lie within any CA zone. c. 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. d. The shielding structure is within 500 feet of the structure that is proposed for construction or alteration. e. It is evident beyond a reasonable doubt that the shielded structure will not adversely affect aerial navigation. 2. 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. 3. 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. 4. No Form 7460-1 is required by virtue of the provisions of FAR Part 77. This exception does not apply to structures located in any CA Zone. Howard R. Green Company C.WIy Documer tMMAIrport Zoning - iOW.doc Page 8 d 8 D D A SECTION VII: NoN-CoNFoRmums 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, or more than 50% torn down, physically deteriorated, damaged, or decayed, 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 IV, C., 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 aircraft, the presence of such structure or tree. Such markers and lights shall be installed, operated, and maintained at the expense of the City or County. SF_Cr m VIII : AIRpoRT ZONING COIv missm 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. SEC IoN IX: AIRPORT ZONING BOARD OF AmUSTMENT 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. Howard R. Green Company C-.Wy DocumentsAHMAIrport Zoning • IOW -doe Pape 9 of 9 DAT SECTION X: SPECIAL EXCEPTIONS 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. SECTION XI: VARIANCES 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, at their own expense, 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. Howard R. Green Company C:1My Doeuments\HRGWirport Zoning - IOWA= Page 10 of 10 SECTION XII: ENFORCEMENT Enforcement of the provisions of this ordinance shall be the responsibility of or such person(s) as the 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. SECTION XIII: EQUITABLF. I2EMF,DIES. 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. SECTION XIV: PROHIBITED ACTS 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. SECTION XV: PENALTIES Each violation of these regulations shall constitute a misdemeanor and the perpetrator thereof, upon conviction, shall be punished by a fine not to exceed $100 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. SECTION XVI: CONFLICTING REGULATIONS 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 XVII: REPEALER All ordinances and parts of ordinances of conflict with any provision of this ordinance are hereby repealed. SECTION XVIII: SEVERABiLrrY that are in If any section, provision, or part of this ordinance shall be adjudged to be invalid, such adjudication shall not affect the validity of this ordinance as a whole, nor any section, provision or part thereof not adjudged invalid. SECTION XIX: EFFECTIVE DATE This ordinance shall be in effect immediately after its final passage by and publication, as required by law. Howard R. Green Company C:W y Documants%HRGWrport Zoning-10W.doc Pagel 1 of 11 City of Iowa City, Iowa - Official Web Site 1C0vor�g Mok to dly "a Page 1 of 2 =M====1M=search I C 7 city services 7 city facts ] council j documents ] city code 7 staff directory Good Morning! Wednesday, April 10, 2002 Boards, Commissions, and Committees Features 410 East Washington Street, Iowa City, IA 62240 Pt1: 319) 356-5043 City Services t Construction Projects i Neighborhood Associations AIRPORT ZONING BOARD OF ADJUSTMENT Agendas/Minutes Staff Contact Ron O'Neil 356-5045 air Boards/ Commissions/ Committees a► City Council Origin Chapter 329, Code of Iowa; Chapter 358A, Code of Iowa; Airport Zoning Chapter, Get involved City Code * Boards/ Commissions/ Committees Number of Members E-Services Five f Let Us Know Appointed By * Subscribe to... Johnson County Board of Supervisors (2), and Iowa City City Council (2). The fifth * Property Look -Up member is chosen to act as Chair and is selected by a majority vote of the members of the Airport Zoning Board of Adjustment. Term Five years. Duties (1) To hear and decide appeals where it is alleged there is an error in any order, requirement, decision, or determination made by an administrative official in the enforcement of the Airport Zoning Chapter. (2) To hear and decide special exceptions to the terms of the Airport Zoning Chapter upon which such board is required to pass under the Airport Zoning Chapter. (3) To authorize upon appeal in specific cases such variance from the terms of the Airport Zoning Chapter as will not be contrary to the public interest, where owing to special conditions a literal enforcement of the provisions of the Airport Zoning Chapter will result in unnecessary hardship, and so that the spirit of the Airport Zoning Chapter shall be observed and substantial justice done. Public Meeting At the call of the Chair Membership Information Term Begins Term Ends Position Vacant (IC Appointment) claigbiaFy 91, 1999, ;;eeembw G! , 299a James Amlong (JC Appoint) January 01, 2002 December 31, 2006 Carl Williams (IC Appoint) January 01, 2002 December 31, 2006 Dan Grinstead, Chair January 01, 1998 December 31, 2002 Mark Menefee (JC Appoint) January 01, 1999 December 31, 2003 http://www.iowa-city.org/board_members.asp?id=3 4/10/02 NOTICE THE CITY COUNCIL OF IOWA CITY IS CONSIDERING APPOINTMENT TO THE FOLLOWING BOARD: AIRPORT ZONING BOARD OF ADJUSTMENT One vacancy - Unexpired Term Ending December 31, 2003 The powers and duties of the Airport Zoning Board of Adjustment are: 1. To hear and decide appeals where it is alleged there is an error in any order, requirement, decision, or determination made by an administrative official in the enforcement of the Airport Zoning Chapter. 2. To hear and decide special exceptions to the terms of the Airport Zoning Chapter upon which such board is required to pass under the Airport Zoning Chapter. 3. To authorize upon appeal in specific cases such variance from the terms of the Airport Zoning Chapter as will not be contrary to the public interest, where owing to special conditions a literal enforcement of the provisions of the Airport Zoning Chapter will result in unnecessary hardship, and so that the spirit of the Airport Zoning Chapter shall be observed and substantial justice done. Iowa City -appointed members of boards and commissions must be eligible electors of the City of Iowa City. The Board meets at the call of the Chairperson. Applications must be received by 5:00 p.m., Wednesday, June 5, 2002. The City of Iowa City encourages diversity in the appointment of citizens to boards and commissions. Persons interested in being considered should contact the City Clerk at the Civic Center, 410 E. Washington Street. Application forms are available from the Clerk's office upon request or on the City website at www.icgov.org. Questions about the Johnson County/Iowa City Airport Zoning Board of Adjustment should be directed to Ron O'Neil, Airport Manager at 356-5045. City of Iowa City, Iowa - Official Web Site Page I of 2 4 144Mqh6—.yow Bak to City Hai) oveorg C=C=CEM=C31M9l r t search F 3 city services 7 city facts 3 council 7 documents i3 city code ] staff directory Good Afternoon! Tuesday, April 9, 2002 Baords,Commissions, and Committees Features 410 East Washington Street, Iowa City,1A 622,40 Ph: (319) 356-SiM City Services t Construction Projects Neighborhood Associations AIRPORT ZONING BOARD OF ADJUSTMENT Staff Contact Ron O'Neil 356-5045 �,CgR`�% J Origin —'Section 329,024M Code of Iowa;/Airport Zoning Chapter ((&"1ty City Code) s - Number of Members Five Appointed By Johnson County Board of Supervisors (2), and Iowa City City Council (2). The fifth member is chosen to act as Chair and is selected by a majority vote of the members of the Airport Zoning Board of Adjustment. Term Five years. Duties (1) To hear and decide appeals where it is alleged there is an error in any order, requirement, decision, or determination made by an administrative official in the enforcement of the Airport Zoning Chapter. (2) To hear and decide special exceptions to the terms of the Airport Zoning Chapter upon which such board is required to pass under the Airport Zoning Chapter. (3) To authorize upon appeal in specific cases such variance from the terms of the Airport Zoning Chapter as will not be contrary to the public interest, where owing to special conditions a literal enforcement of the provisions of the Airport Zoning Chapter will result in unnecessary hardship, and so that the spirit of the Airport Zoning Chapter shall be observed and substantial justice done. Public Meeting At the call of the Chair. Membership Information Position Vacant (IC Appointment) James Amlong (JC Appoint) Carl Williams (IC Appoint) Dan Grinstead, Chair Mark Menefee (JC Appoint) Term Begins Term Ends seeembeF a!Z2998 January 01, 2002 December 31, 2006 January 01, 2002 December 31, 2006 January 01, 1998 December 31, 2002 January 01, 1999 December 31, 2003 Agendas/Minutes t Boards/ Commissions/ Committees • City Council Get Involved ♦ Boards/ Commissions/ Committees E-Services f Let Us Know Subscribe to... Property Look -Up http://www.iowa-city.org/board_members.asp?id=3 4/9/02 N NOTICE 3 THE CITY COUNCIL OF IOWA CITY IS ,CONSIDERING APPOINTMENT TO THE FOLLOWING BOARD: I - I AIRPORT ZONING BOARD OF ADJUSTMENT One vacancy - Unexpired Term Ending December 31, 2003 A V O'r, 10 k 6 0, The powers and duties of the Johnsor}�ou7ei Qjty.�rpo7rfZoning Board of Adjustment are: 1. Tb hear and decide special appeals it is alleged there is an error in any administrative y aion in th� �enfQrceme� t `of the `pu€ina�c r- s enc 2. Td;he t and d�ide on special except ons that ire speci ically provide for n thece.3. To au h1r'ze, on appeal i specificcas variances om the�t�r of the n. rienoes s rarlt d-b die .BQat.,=i ustment ma onl _ eve ranted—in-t-he-case o€ "unnecessary hardshi r . 9 y J ay _...Y 9 ry R The hardsi�ip_nnusth�su aDrEal, _serjQua, real —and _of _comp-[lingforce as distin uis ed-from—- reasons-of conveniencerm ization of profit, or caprice. Iowa City -appointed members of boards and commissions must be eligible electors of the City of Iowa City. The Board meets at the call of the Chairperson. Applications must be received by 5:00 p.m., Wednesday, June 5, 2002. The City of Iowa City encourages diversity in the appointment of citizens to boards and commissions. Persons interested in being considered should contact the City Clerk at the Civic Center, 410 E. Washington Street. Application forms are available from the Clerk's office upon request or on the City website at www.icgov.org. Questions about the Johnson County/Iowa City Airport Zoning Board of Adjustment should be directed to Ron O'Neil, Airport Manager at 356-5045. I c� ,�• `� • r � �\� � . � old I f�. l C ct 0." U �l, SSG 0�T C Ck �C?l �Vc`' �i q f, t k li"� City of Iowa City, Iowa - Official Web Site Page 1 of 2 oveorg --roar link to City !hall r I t I I search F ] city services ] city facts ] council 7 documents 7 city code ] staff directory Good Afternoon! Monday, April 8, 2002 Boards, Commissions, and Committees Features 410 East Washington Street, Iowa City, IA 62240 Ph: (319) 366-6043 City Services Construction Projects AIRPORT ZONING BOARD OF ADJUSTMENT, JOHNSON` - + Neighborhood Associations GOAJN`TY[IOWA_CLLY Agendas/Minutes Staff Contact * Boards/ Commissions/ Ron O'Neil 356-5045 Committees ! City Council Orrin �.�� ��—j Claapfe 329.12; Ctia-pter-368-A�0, 196'5 de of Iowa, Johnson -Gounty/lowaCity Airport Get Involved Zoning Ordinance C L, q -��, ( L f� f Boards/ Commissions/ J' C'JOWI Ci lCdp '�'�1�'ut fCf • �C,'�1 Committees Number of Members 1 J E-Services Five 2,Lx—,/ C.cr& of Let Us Know C%-"-/ C';�J Comae Serf/o1' /VG �Jl J / Subscribe to... Appointed By' i Property Look -Up Johnson County Board of Supervisors (2); Iowa City City Council (2) member to act as Chairs selected by the majority vote of the members selected by the County and the City. Term Five years. Duties To hear and decicipppeals where it is Ileged there is an erro any administrative action in the enforceme of he ordinance. T hear and decide on ecl I exceptions tip re sped' iically prov' ed for in the ordin ce. To uthorize on peal i specific cas varia ces fro the terrri's of the or ante. V riances gra ed by th oar�ofjust ent may o ly be ranted in th� case "unnecessa - hard ip." The hard e substantia , serious, real, and compelling force, distinguished from reasons of convenience, maximization of profit or caprice. Public Meeting At the call of the Chair - Membership Information Term Begins Term Ends Position Vacant (IC Appointment) aeeeFAI9eF ;4, 2993 James Amlong (JC Appoint) January 01, 2002 December 31, 2006 Carl Williams (IC Appoint) January 01, 2002 December 31, 2006 Dan Grinstead, Chair January 01, 1998 December 31, 2002 Mark Menefee (JC Appoint) January 01, 1999 December 31, 2003 http://www.iowa-city.org/board_members.asp?id=3 4/8/02 3610 CITY TONING, §414.14 ; conferred by nt a commis- ission, to ree- ious original s and restric- •e a city plan appointed as nission shall, ainary report efore submit. shall not hold atil it has re. fission. After ;trictions, and commission to the council s, or modifica- 50, 54, 58, 62, - review by ppointment of gulations and :e authority of said board of es and subject 3guards make he ordinances ,se and intent specific rules any property council in the strictions may nent direct to s as applied to review of vari- istment before y remand a de- oard of adjust- ive date of the iom the date of 50, 54, 58, 62, )nsist of five or ,y the council• d shall be ap- excepting that ed one member e years, one for i of three years, ae for a term of lber board shall rs, except when Pe board shall first be created two members shall appointed for a term of five years, two members p a term of four years, one for a term of three -Sears, one for a term of two years, and one for a ppe year term. A five -member board shall not cam out its business without having three mem- bers present and a seven -member board shall not carry out its business without having four mem- bers present. A majority of the members of the board of adjustment shall be persons representing the public at large and shall not be involved in the business of purchasing or selling real estate. Members shall be removable for cause by the ap- pointing authority upon written charges and after public hearing. Vacancies shall be filled for the un- expired term of any member whose term becomes vacant. [C24, 27, 31, 35, 39, §6459; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §414.81 See also §414.25 414.9 Rules - meetings - general proce- dure. The board shall adopt rules in accordance witli the provisions of any ordinance adopted pursuant to this chapter. Meetings of the board shall be held at the call of the chairperson and at such other times as the board may determine. Such chairper- son, or in the chairperson's absence, the acting chairperson, may administer oaths and compel the attendance of witnesses. All meetings of the board shall be open to the public. The board shall keep minutes of its proceedings, showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official ac- tions, all of which shall be immediately filed in the office of the board and shall be a public record. [C24, 27, 31, 35, 39, §6460; C46, 50, 54, 58, 62, 66, 71, 73, 76, 77, 79, 81, §414.91 -..414.10 Appeals. -' Appeals to the board of adjustment may be tak- en by any person aggrieved or by any officer, de- partment, board, or bureau of the municipality af- fected by any decision ofthe administrative officer. Such appeal shall be taken within a reasonable time as provided by the rules of the board by filing With the officer from whom the appeal is taken and With the board of adjustment a notice of appeal specifying the grounds thereof. The officer from whom the appeal is taken shall forthwith transmit to the board all the papers constituting the record Upon which the action appealed from was taken. [C24, 27, 31, 35, 39, §6461; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §414.101 414.11 Effect of appeal. An appeal stays all proceedings in furtherance ofthe action appealed from, unless the officer from whom the appeal is taken certifies to the board of adjustment after the notice of appeal shall have been filed with the officer that by reason of facts stated in the certificate a stay would in the officer's opinion cause imminent peril to life or property. In such case proceedings shall not be stayed other- wise than by a restraining order which may be granted by the board, of adjustment or by a court of record on application on notice to the officer from whom the appeal is taken and on due cause shown. [C24, 27, 31, 35, 39, §6462, C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §414.111 414.12 Powers. The board of adjustment shall hays the follow- ing powgrg: 1. 16 hear and decide appeals,"' here it is al- leged there is error in any orderuirement, de- cision, or determination made administra- tive ,,tive official in the enforcement os chapter-orof-`arsy-ord�ina>hxee-adapted-pur,suanereto. _2. To he r�decide speciaeptions to theterms of theT race upon whsuch board isrequired to ass under s�ach-artice:- 4 � p Oc3. To authorize upon appeas c[fic casessuch variance from the terms o'once aswill not be contrary to the publrest, whereowingto special condigFs a litenforcement ofthe provisions of they rdrlra�nee result in un- necessary hardship, and so that tpirit of the er-f}cU ranee shall be observed and santial justice [C24, 27, 31, 35, 39, §6463, N , 56-,54; 58,-62, 66, 71, 73, 75, 77, 79, 81, §414.121 414.13 Decision on appeal. In exercising the above -mentioned powers such board may, in conformity with the provisions of this chapter, reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or determination appealed from and may make such order requirement, decision, or determination as ought to be made, and to that end shall have all the powers of the officer from whom the appeal is taken. [C24, 27, 31, 35, 39, §6464; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §414.131 414.14 Vote required. The concurring vote of three members of the board in the case of a five -member board, and four members in the case of a seven -member board, shall be necessary to reverse any order, require- ment, decision, or determination of any such ad- ministrative official, or to decide in favor of the ap- plicant on any matter upon which it is required to pass under any such ordinance or to effect any variation in such ordinance. [C241 27, 31, 35, 39, §6465; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §414.141 City of Iowa City, Iowa - Official Web Site C4491row Mok to Chy Hall h6.1vorg Page 1 of 2 =6= == ® =a= search `, city services ] city facts ] council ] documents ] city code 7 staff directory Good Morning! Wednesday, April 10, 2002 Boards. Commissions, and Committees ttees Features 410 East: Washington Street, Iowa sty, lA 522.,40 Ph: (319) 35&SO43 4 City Services + Construction Projects 4 Neighborhood Associations AIRPORT ZONING COMMISSION Agendas/Minutes Staff Contact Ron O'Neil 356-5045 Boards/ Commissions/ Committees + City Council Origin Chapter 329, Code of Iowa; Airport Zoning Chapter, City Code Get Involved ♦ Boards/ Commissions/ Number of Members Committees Five E-Services Appointed By Let Us Know Johnson County Board of Supervisors (2), and Iowa City City Council (2). The fifth + Subscribe to... member is chosen to act as Chair and is selected by a majority vote of the members * Property Look -Up of the Airport Zoning Commission. Term Six years Duties _�_(1) To recommend amendments to the current Iowa City Airport Zoning regulations, including the repeal thereof. (2) To recommend the adoption of new Airport Zoning regulations. Public Meeting As required. Membership Information Position Vacant (IC Appointment) Sally Stutsman (JC Appoint) Position Vacant (IC Appointment) Jerry Full, Chair Robert Saunders (JC Appoint) Term Begins Term Ends January 01, 2000 December 31, 2005 January 01, 2002 December 31, 2007 January 01, 1998 December 31, 2003 I1W -. home I resident I business I calendar I news I jobs I departments at, or TWA G� City of Iowa City - 410 East Washington Street - Iowa City, IA 52240 http://www.iowa-city.org/board_members.asp?id=2 4/10/02 NOTICE THE CITY COUNCIL OF IOWA CITY IS CONSIDERING APPOINTMENT TO THE FOLLOWING BOARD: AIRPORT ZONING COMMISSION Two vacancies - Unexpired Terms Ending December 31, 2003 & December 31, 2005 Duties of the Airport Zoning Commission are: 1. To recommend amendments to the current Iowa City Airport Zoning regulations, including the repeal thereof. 2. To recommend the adoption of new Airport Zoning regulations. Iowa City -appointed members of boards and commissions must be eligible electors of the City of Iowa City. The Board meets as required. Applications must be received by 5:00 p.m., Wednesday, June 5, 2002. The City of Iowa City encourages diversity in the appointment of citizens to boards and commissions. Persons interested in being considered should contact the City Clerk at the Civic Center, 410 E. Washington Street. Application forms are available from the Clerk's office upon request or on the City website at www.icgov.org. Questions about the Iowa City Airport Zoning Commission should be directed to Ron O'Neil, Airport Manager at 356-5045. City of Iowa City, Iowa - Official Web Site Page 1 of 2 covorg ==1M1M=searchF--(z1 7 city services 7 city facts 3 council ] documents ] city code 7 staff directory �r Good Afternoon! Tuesday, April 9, 2002 BoatV Commissions, and Committees Features qz 410 East Washington Street, Iowa tatty, lA 622.40 Ph: (319) 366-5a43 + City Services + Construction Projects * Neighborhood Associations AIRPORT ZONING COMMISSION Agendas/Minutes Staff Contact Ron O'Neil 356-5045 Boards/ Commissions/ Committees - �{�� City Council Origin Sec-,t+efa 329�0; ZW Code of Iowa; Airport Zoning Chapter (dWarG-Ity City Code Get Involved �► Boards/ Commissions/ Committees Number of Members E-Services Five + Let Us Know Appointed By + subscribe to... Johnson County Board of Supervisors (2), and Iowa City City Council (2). The fifth + Property Look -Up member is chosen to act as Chair and is selected by a majority vote of the members of the Airport Zoning Commission. Term Six years Duties (1) To recommend amendments to the current Iowa City Airport Zoning regulations, including the repeal thereof. (2) To recommend the adoption of new Airport Zoning regulations. Public Meeting As required. Membership Information Position Vacant (IC Appointment) Sally Stutsman (JC Appoint) Position Vacant (IC Appointment) Jerry Full, Chair Robert Saunders (JC Appoint) Term Begins Term Ends BeeeRgbeF a!, 2996 January 01, 2000 December 31, 2005 PeeembeF 34, 2993 January 01, 2002 December 31, 2007 January 01, 1998 December 31, 2003 s home I resident I business I calendar I news I jobs I departments � Ctty af� w� ex http://www.iowa-city.org/board_members.asp?id=2 4/9/02 r 1 NOTICE THE CITY COUNCIL OF IOWA CITY IS CONSIDERING APPOINTMENT TO THE FOLLOWING BOARD: _*151A AIRPORT ZONING COMMISSION Two vacancies - Unexpired Terms Ending December 31, 2003 & December 31, 2005 Duties: T ,recommend-to,th`e C� and�Co ntrri�4ir�ortzoning Drdinance. f Iowa City -appointed members of boards and commissions must be eligible electors of the City of I Iowa City. The Board meets as required. Applications must be received by 5:00 p.m., Wednesday, June 5, 2002. The City of Iowa City encourages diversity in the appointment of citizens to boards and commissions. Persons interested in being considered should contact the City Clerk at the Civic Center, 410 E. Washington Street. Application forms are available from the Clerk's office upon request or on the City website at www.icgov.org. Questions about the Iowa City Airport Zoning Commission should be directed to Ron O'Neil, Airport Manager at 356-5045. � e C_ V.A Y C� r V, a $r.,r VA's j",_) Ire �f�rtrn„ �� QAS ���! City of Iowa City, Iowa - Official Web Site Page 1 of 1 V or —fir link to City Hall CMC=C=1z=CM9M9= search 7 city services ] city facts 7 council ] documents 7 city code 3 staff directory Good Afternoon! Monday, April 8, 2002 Boards, Commissions, and Committees Features 410 East Washington Street, Iowa City, IA 52240 Ph: (319) 366-8043 City Services Construction Projects AIRPORT ZONING COMMISSION ? Neighborhood Associations Staff Contact Agendas/Minutes Ron O'Neil 356-5045 C�G+ l oal Boards/ Commissions/ Committees Qilgirl City Council Resolution No. 83-36�Ehapter, 29.9, 1.9gE�Code of Iowa • 4, V d►,r+ � i � Get Involved Number of Members Boards/ Commissions/ Five Committees E-Services Appointed By * Let us Know Johnson County Board of Supervisors (2), City Council (2). Of-tbs-Gity--C-otracil 4 Subscribe to... appoint- ilentsoae_5hd be a memn er-of-the-1?lanning-and-2-oning-Gemmission-and-oner-a-- Properly Look -Up membe�of-the�4irpod-Commission; the fifth member is chosen to act as chairperson and is selected by a majority vote of the members of the Airport Zoning Commission. Term Six years Duties To fecor ffw--n tie-City-and_Coun"fi-Alrportxotiin Public Meeting As required. Membership Information Position Vacant (IC Appointment) Sally Stutsman (JC Appoint) Position Vacant (IC Appointment) Jerry Full, Chair Robert Saunders (JC Appoint) Term Begins Term Ends BeeembelF 81, 2996 January 01, 2000 December 31, 2005 January 01, 2002 January 01, 1998 BesemaeF 31, 299e December 31, 2007 December 31, 2003 - home I resident I business I calendar I news I jobs I departments crtu or GN City of Iowa City - 410 East Washington Street - Iowa City, IA 52240 Copyright© 2001 City of Iowa City. All Rights Reserved. Contact Website Manager Privacy Policy http://www.iowa-city.org/board_members.asp?id=2 4/8/02 ORDINANCE NO. 91-3505 AN ORDINANCE AMENDING CHAPTER 4, ENTITLED "AIRPORTS AND AVIATION" OF THE CODE OF ORDINANCES OF THE CITY OF IOWA CITY, IOWA. WHEREAS, it is in the public interest that Chapter 4, Airports and Aviation, of the Iowa City Code of Ordinances remain in compliance with all applicable state and federal laws; and WHEREAS, Chapter 4 is also in need of revision to clarify language, delete duplications, and correct inconsistencies; and WHEREAS, the Airport Commission of the City of Iowa,City has revised and amended Chapter 4 to correct these deficiencies. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. Chapter 4 of the Iowa City Code of Ordinances should be and is hereby amended by deleting Chapter 4 in its entirety and enacting in lieu thereof a new Chapter 4 to be codified and to read as follows: CHAPTER 4 ARTICLE I. GENERAL. Section 4-1. Purpose. The purpose of this Ordinance is to provide regulations for operating the Iowa City Municipal Airport as a safe, efficient and effective public airport for Iowa City and the surrounding areas. Section 4-2. FAA and IDOT Regulations No person shall operate any aircraft, service, maintain or repair an aircraft on the airport, or conduct any airport operations on or from the airport except in conformity with the regulations of the Code of Federal Regulations Title 14. Said regulations are hereby adopted by reference and made a part of this Chapter as fully as if set forth herein. Chapters 328 (Aeronautics), 329 (Airport Zoning), 330 (Airports), and 330A (Aviation Authorities), Code of Iowa 0 991) are hereby adopted by reference and made a part of this Chapter. Section 4-3. Definitions. A. Aircraft: A pilot -controlled structure for flight in the air. Examples include, but are not limited to an airplane, helicopter, glider, or lighter -than -air aircraft. B. Airport: Any area on land or water that is used or intended to be used for landing and departure of aircraft. In this ordinance, the reference is to the Iowa City Municipal Airport. C. Airport Commission: Iowa City Airport Commission. D. Code of Iowa: Chapters of the Code of Iowa that regulate aeronautics and aviation. E. Commercial Aviation: Any person or business, who for compensation or hire engages in activity which relates to the operation of aircraft. Such activity includes, but is not limited to charter operations, pilot training, aircraft rental and sightseeing, aerial photography, crop dusting, aerial advertising and surveying, air taxi operations, aircraft sales and services, sale of aviation petroleum products, repair and maintenance of aircraft and the sale of aircraft parts. ac Ordinance No. 91-3505 Page 2 F. Deadline: Point of access between the air side operations of the airport and the land side operations. G. FAA: Federal Aviation Administration. Federal aviation regulative branch of the Department of Transportation. H. FBO: Fixed Base Operator. Airport -based tenant who may supply a variety of aviation services. I. Municipal Infraction. A civil offense punishable by a civil penalty of not more than one hundred dollars ($100) for each violation, or if the infraction is a repeat offense, a civil penalty not to exceed two hundred dollars ($200) for each repeat offense. J. Pilot: An individual who operates an aircraft any time the craft's engine is running, or whenever the aircraft is in motion under its own power or guidance. K. Unicorn Radio: A non -governmental communication facility operating on an assigned frequency for the purpose of providing airport information. Section 4-4. Violations. A. It shall be a municipal infraction to violate or refuse to obey any of the rules or regulations of this Chapter. B. Any person in violation of this Chapter, or refusing to comply therewith, shall immediately vacate the airport property upon order of the Airport Manager or duly authorized deputy and may be deprived further use of the airport and its facilities for such time as may be required to ensure the safety of the public and the Airport. Sections 4-5 - 4-15. Reserved. ARTICLE II. AIRPORT COMMISSION Section 4-16. Airport Commission Created. There is hereby created and established a commission to be known as the Airport Commission, to manage and control the municipal airport of the City, together with any and all additions and improvements hereafter made. Section 4-17. Composition; Appointment; Term; Vacancies. The Commission created by this Article shall consist of five (5) members who shall be appointed by the Mayor with the consent and approval of the City Council. All appointments shall be for a term of six (6) years. Vacancies shall be filled in the same manner as original appointments are made. At the request of the Airport Commission, the Mayor, with approval of the City Council, may appoint a non -voting, advisory Commission member who resides outside the city boundaries. Section 4-18. Reserved. Section 4-19. Bond. Each member of the Commission created by this Article shall execute and furnish a bond in the amount of one thousand dollars ($1,000), filed with the City Clerk. The cost of such bond shall be paid from the general funds of the City. This bond shall not be required of any non -voting advisory commission member. Section 4-20. Powers and Duties. (a) The Airport Commission shall have and exercise all the powers granted to cities under Chapter 330, Code of Iowa, except the power to sell the airport. The Commission shall annually certify the amount of taxes, within the limitations of the statutes of the state, to be levied for airport purposes and upon such certification the City Council may include all or a portion of such amount in its budget. Ordinance No. 91-3505 Page 3 (b) All funds derived from taxation or otherwise for airport purposes shall be under the full and absolute control of the Commission for the purposes prescribed by law, including the payment of all indebtedness arising from the acquisition and construction of airports and maintenance, operation and extension thereof. Said funds shall be deposited with the City Treasurer, to the credit of the Airport Commission, and shall be dispersed only upon the written warrants or orders of the Airport Commission. Section 4-21. Reports. Immediately after the close of each municipal fiscal year, the Airport Commission shall file with the City Council its report of all money received and dispersed by the Airport Commission during the prior fiscal year, and shall publish a summary thereof in an official newspaper in the City. Section 4-22. Officers. The Airport Commission shall elect from their own members a Chairperson and a Secretary/Vice-Chairperson. These officers shall serve for such terms as the Commission shall determine. Section 4-23. Rule -making Powers. The Airport Commission is authorized to adopt rules and regulations for the management and control of the municipal airport. Sections 4-24 through 4-32. Reserved. ARTICLE Ill. OPERATION REGULATIONS Section 4-33. Operation within the City. (a) No person operating any aircraft shall land or depart at any location within the City of Iowa City, except at a landing site approved and/or certified by the Federal Aviation Administration. (b) An exception to the above may be granted by the Airport Commission or designee when it can be determined that the landing or departing aircraft will not interfere with the operations of any approved landing site, and the landing or departure can be conducted in a safe manner. (c) This Section shall be waived for hot air balloons operated by licensed, insured pilots if ballooning operations are conducted in a safe and prudent manner, do not interfere with airport air traffic, and are in accordance with applicable Federal Aviation Administration regulations. No person shall use any site in the City for ballooning operations, including departure or landing, without obtaining prior approval from the landowner. Section 4-34. Ground Operation. No person shall operate any aircraft on the airport in a reckless manner that endangers persons or property. Section 4-35. Instruction, Flying and Test Flights. All persons instructing student pilots shall fully acquaint the students with the rules and regulations in effect at the airport, including the air regulations of the Federal Aviation Administration of the Department of Transportation. The instructor shall be responsible for the conduct of the students during instruction. Section 4-36. Parking and Mooring Areas, Deadline. (a) Mooring Required; Liability. All unhoused aircraft shall be parked in the space designated for this purpose by the Airport Manager. Such aircraft shall be firmly secured to the ground by ropes and stakes, or otherwise, when left unattended or when weather conditions indicate the need for a mooring. Owners of unmoored "I( Ordinance No. 91-3505 Page 4 aircraft shall be responsible for any damage resulting from failure to comply with this rule. (b) Deadline; Regulation. A deadline shall be designated by the Airport Manager. No person shall cross the deadline except: 1. A pilot or mechanic employed by the airport or by the owner of an aircraft located upon the airport; 2. A pilot or passenger preparing to participate in a flight. The person shall not cross the deadline toward an operating aircraft until the aircraft has come to a full stop and the operator has signaled for pedestrian approach; 3. An officer or official authorized to enforce local, state or federal laws upon the airport; 4. The Airport Manager and staff. (c) A person crossing the deadline to leave the landing area shall use the shortest possible route. (d) Deadline Marked. The deadline will be indicated by a fence or other suitable markers, and may be changed from time to time as conditions require. (e) Parking Space for Autos to be Marked. Automobiles and other vehicles, except vehicles regularly employed in the service of the airport, shall be parked in designated areas. Hangar tenants may park vehicles in or near their hangars while their aircraft is in use if the Airport Manager determines that such parking is safe and does not interfere with routine use and maintenance of airport property. Sec. 4-37. Use of Airport. A. No person shall use the airport as a base or terminal for commercial aviation except by a lease or agreement with the Airport Commission. For single commercial events, written application must be made and approval received from the Airport Commission or Airport Manager. None of the operating standards contained herein are intended to prevent any person or corporation operating aircraft on the airport from performing any services (including but not limited to maintenance and repair) on its own aircraft nor for the purpose of excluding commercial competition. Leases or agreements are required for but not limited to the following list of services: (a) Aircraft sales. (b) Airframe and/or power plant repair. (c) Aircraft rental. (d) Flight training. (e) Radio, instrument, or propeller repair. (f) Air taxi, charter or casual passenger carrying for hire. (g) Aerial applicators. Sec. 4-38. Flying Clubs. (a) A flying club is a non-profit entity organized for the purpose of providing its members with aircraft for non-commercial use and enjoyment. (b) A flying club shall not conduct charter, air taxi, or aircraft rental operations, nor provide aircraft instruction except for club members. Only club members shall operate a flying club aircraft. (c) To operate on the airport, a flying club shall: 1. File a copy of the club's charter and bylaws with the Airport Commission. 41 Ordinance No. 91-3505 Page 5 2. File with the Airport Commission a list of club members entitled or authorized by the club to operate the club's aircraft. The list shall identify the names and current addresses of all members in good standing. 3. Notify the Airport Commission in writing of any change in membership, charter or bylaws within thirty (30) days of the change. (d) All aircraft to be used by the flying club must be identified to the Airport Commission and a valid certificate of insurance shall be filed with the Commission for each aircraft. (e) Violations of any section of this Chapter by a club or club member shall constitute a misdemeanor or a municipal infraction and shall be punishable as provided in this Code. Each day a, violation occurs or continues to exist shall constitute a separate offense. (f) Flying clubs in violation of any provision of this Chapter shall suspend all operations until such violations have been corrected. Section 4-39 - Aircraft Fueling Operations (a) A person or entity wishing to operate an aircraft fueling service for the public at the airport shall provide, at a minimum, the following services: 1. Approved aviation and jet fuel storage and distribution equipment. 2. Sufficient land, by lease from the Airport Commission, for fueling aircraft and parking mobile fuel dispensing equipment. (b) All regulations in this Chapter, including Sections 4-65, 4-90, 4-91, 4-92, 4-94, and 4-98 regarding safe fueling of aircraft and maintenance of underground storage tanks, shall apply to persons or entities operating an aircraft fueling service under this Section. Section 4-40. Unicorn Radio. (a) The Fixed Base Operator (FBO) shall provide personnel to monitor and operate unicom radio equipment at the airport during all hours of normal operation. Hours of normal operation shall be approved by the Airport Commission. Should there be more than one FBO located at the airport, the operation of the unicom radio shall be on a rotating schedule, agreed upon by the FBOs and approved by the Commission. If no agreement is made between the FBOs, the Commission shall establish a rotation schedule. (b) The unicom radio shall be operated according to standards established by the Airport Commission. Sec. 4-41. Aircraft Repair. All repairs to aircraft shall be made in areas designated for such purpose. Sec. 4-42. Disposal of Wrecked Aircraft. The aircraft owner, pilot or agent, shall be responsible for promptly disposing of aircraft wreckage as directed by the Airport Manager, unless directed to delay removal pending investigation of an accident. Sec. 4-43. Witnesses to Accidents; to Report. Witnesses of and participants in accidents on or near the airport shall make a full report, including their name, current address, and phone number to the Airport Manager as soon after the accident as possible, and shall render further reports at a later date if required. Sec. 4-44. Unsafe Landing Area to be Marked. Any parts of the landing area temporarily unsafe for landing, or which are not available for use, shall be clearly marked at all times. Sec. 4-45. Assumption of Risk; City Not Liable. The privilege of using the airport and its facilities, and of landing upon and departing from the same, shall be at all times conditioned upon the assumption by the user of Ordinance No. ' 91-3505 Page 6 full responsibility and risk thereof. The user, including visitors to airport property, operators and their passengers, lessors, and the employees and agents of each of them, shall release, hold harmless and indemnify the City, the Airport Commission and the Airport Manager from any and all responsibility for loss or damage, including attorney fees, to persons or property arising from the use of any portion or facility of the airport. Sec. 4-46. Suspension of Flying Operations by Airport Manager. Except in the case of scheduled operators, or aircraft operated by the federal government or other public authorities, the Airport Manager shall have authority to suspend flying operations on or from the airport when, in the Manager's opinion, the condition of the landing area and/or local meteorological conditions might make such operations unsafe. Sec. 4-47. Landing, Departing, and Taxiing. (a) Use of field. Landing and departing aircraft shall utilize the full effective landing area of the field. Landing and departing aircraft shall maintain as much distance as possible from taxiing planes. Aircraft shall taxi as little as possible on the field, and aircraft landing or departing shall proceed to and from the effective landing area with the least possible delay consistent with safety. (b) Taxiing precautions. When landing on the airport, an operator shall first determine that there is no danger of collision with other departing, landing or taxiing aircraft before taxiing to the line or other part of the airport. (c) Taxiing speed limit. All aircraft shall be taxied at a slow and reasonable speed not to exceed fifteen (15) miles per hour, particularly in the vicinity of hangars and other buildings and shall be brought to a full stop when in the vicinity of landing airplanes. Sec. 4-48. Alcoholic Liquors and Drugs. No person shall operate any aircraft on the airport while using or consuming any alcoholic beverage or controlled substance as defined by Chapters 204 and 321 J, Code of Iowa. Sec. 4-49. Blocks; Brakes. Blocks, equipped with ropes or other suitable means of pulling them, shall always be placed in front of the wheels before starting the engine or engines, unless the airplane is provided with a brake system. Sec. 4-50. When Pilot or Mechanic Required at Controls. No aircraft engine shall be operated unless a licensed pilot, student pilot, or licensed mechanic is in the cockpit and attending the controls or the aircraft is properly moored. Sec.4-51. Reserved. Sec. 4-52. Starting and Warming Up; Limitations. Aircraft shall be started and warmed up only in the places designated for such purposes by the Airport Manager. At no time shall any engine be operated in such a position that hangars, or other buildings, or any person in the observation areas, shall be in the path of the propeller stream. Sec.4-53. Reserved. Sec. 4-54. Building Construction; Ground Rental and Charges. (a) Any person who desires to erect or construct a building on the airport shall be required to submit plans and specifications for the same to the Airport Commission. Commercial buildings shall satisfy all city and state building and fire codes and conform in general, as to size and shape, to existing airport buildings. a( Ordinance No. 91-3505 Page 7 (b) Rent for buildings or businesses on the airport shall be determined by written agreement with the Airport Commission. (c) All rents and fees shall be paid in advance to the Airport Manager or designee. Sec. 4-55 - Sec. 4-64. Reserved. ARTICLE IV. FIRE REGULATIONS Section 4-65. General Precautions. All persons using the airport or any of its facilities shall exercise the utmost care to guard against fire and injury to persons or property. All city, state and federal fire code regulations shall be followed. Section 4-66 - Section 4-70. Reserved. ARTICLE V. AIRPORT ZONING Sec.4-71. Purpose. The purpose of this Article, to be known as the "Johnson County/Iowa City Airport Zoning Ordinance," or the "Airport Zoning Ordinance," is to exercise to the fullest extent possible the powers granted to municipalities under Chapter 329 of the Code of Iowa (1989), and to codify existing regulations of the Federal Aviation Administration relating to land uses incompatible with or constituting a hazard to aviation at the Iowa City Municipal Airport. The City Council of Iowa City and the Board of Supervisors of Johnson County find that airport hazards and incompatible uses would endanger the lives and property of users of the Iowa City Municipal Airport, as well as occupants of land and other persons in its vicinity, and would also tend to impair the operation of the airport and the public investment therein; accordingly, each municipality does hereby declare that: Sec.4-73. Definitions. The following definitions only apply in the interpretation and enforcement of the airport overlay zones: Airport: The Iowa City Municipal Airport. Airport elevation: The highest point of the airport's useable landing area measured in feet above mean sea level, which elevation is established to be six hundred sixty-eight (668) feet. Airport hazard: Any structure, tree or use of land which would exceed the Federal obstruction standards as contained in Part 77, Subpart C of the Code of Federal Regulations, as revised in January 1989 (the "Federal Aviation Regulations" or "FAR"), and which obstructs the airspace required for the flight of aircraft and landing or takeoff at the airport or is otherwise hazardous to such landing or taking off of aircraft. Airport layout plan: A drawing in the airport master plan depicting existing and future property lines and facilities including but not limited to runways, taxiways, aprons, buildings and clear zones. The airport layout plan is a component part of the master plan. Airport master plan: A comprehensive plan for development of the airport over a twenty-year time period. The master plan includes, among other things, aviation activity forecasts, determinations of needed airport facilities, a financial plan and proposed time schedule for developing facilities included in the master plan, and recommendations for use of land on and adjacent to the airport. Airport overlay zoning map: The charts or maps of the Iowa City Municipal Airport upon which the airport overlay zones are depicted. Copies of such map are on ME Ordinance No. 91-3505 Page 8 file in the office of the city clerk of Iowa City, and in the office of the Johnson County auditor. Airport primary surface: A surface longitudinally centered on a runway which extends two hundred (200) feet beyond the end of a runway. The width of the primary surface of a runway shall be that width prescribed in Part 77 of the Federal Aviation Regulations for the most precise approach existing or planned for either end of that runway. The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway center line. Airport height: For the purpose of determining the height limits in all zones set forth herein.and shown on the airport overlay zoning map, the datum shall be mean sea level elevation unless otherwise specified. Inner edge: The inner boundary of an approach or clear zone which is located two hundred (200) feet out from the physical end of a paved runway (except as otherwise noted). This inner edge is perpendicular to the runway center line. Instrument runway: A runway with an existing instrument approach procedure or for which an instrument approach procedure has been approved or planned. Light lane: An area on the approach end of a runway reserved for the installation of light bars to reduce landing minimums on instrument approaches, usually four hundred (400) feet by one thousand six hundred (1,600) feet, with a slope of fifty (50) to one (1). Minimum descent altitude: The lowest altitude, expressed in feet above mean sea level, to which descent is authorized on final approach or during cycle -to -land maneuvering in execution of a standard instrument approach procedure and where no electronic glide slope is provided, as most recently established by publication by the FAA. Minimum enroute altitude: The altitude in effect between radio fixes which assures acceptable navigational signal coverage and meets obstruction clearance requirements between those fixes, as most recently established by publication by the FAA. Minimum obstruction clearance altitude: The specified altitude in effect between radio fixes on VOR airways, off -airway routes, or route segments which meets obstruction clearance requirements for the entire route segment and which assures acceptable navigational signal coverage within twenty-two (22) nautical miles of a VOR, as most recently established by publication by the FAA. Runway: A defined area on an airport prepared for landing and takeoff of aircraft along its length. Visual runway: A runway intended solely for the operation of aircraft using visual approach procedures with no straight -in instrument approach procedure and no instrument designation indicated on an FAA approved airport layout plan or on any planning document submitted to the Federal Aviation Administration (FAA) by competent authority. Sec. 4-74. Notification of Proposed Development. (a) Any person who proposes any development of a height greater than an imaginary surface extending outward and upward at a slope of one hundred (100) to one for a horizontal distance of twenty thousand (20,000) feet from the nearest point of the nearest runway shall notify the Federal Aviation Administration (FAA). One executed form set (four (4) copies) of FAA Form 7460-1, "Notice of Proposed Construction or Alteration" shall be sent to the chief, air traffic division, of the FAA Regional Office in aI Ordinance No. 91-3505 Page 9 Kansas City, Missouri, one copy to the Iowa City Airport Commission, and one copy to the Johnson County/Iowa City Airport Zoning Commission. (Copies of FAA Form 7460-1 may be obtained from the FAA. See Federal Aviation Regulations, Section 77.13.) (b) EXCEPTION: No person is required to notify the FAA administrator of the construction or alteration of any object that would be shielded by existing structures of a permanent and substantial character or by natural terrain or topographic features of equal or greater height, and would be located in the congested area of a city, town, or settlement where it is evident beyond all reasonable doubt that the structure so shielded will not adversely affect safety in air navigation. (See Federal Aviation Regulations, Section 77.15.) It shall be the responsibility of the appropriate building official, prior to issuance of a building permit for such object, to determine whether or not the shielding satisfies the foregoing requirements. Sec. 4-75. Airport Zones and Air Space Height Limitations. In order to carry out the provisions of this section, there are hereby created and established certain zones which are depicted on the airport overlay zoning map. The maps prepared by Howard R. Green Company, dated June 1988, and filed in the offices of the city clerk of Iowa City and the Johnson County auditor are hereby adopted, designated and declared to be the airport overlay zoning map for the Iowa City Municipal Airport. A structure located in more than one zone of the following zones is considered to be only in the zone with the more restrictive height limitation. The various zones are hereby established and defined as follows: (a) Horizontal overlay (OH) zone. (1) Defined. The land lying under a horizontal plane one hundred fifty (150) feet above the established airport elevation, the perimeter of which is constructed by swinging arcs of ten thousand -foot radii from the center of each end of the primary surface of each runway and connecting the adjacent arcs by lines tangent to those arcs. (Note: The radius of the arc specified for each end of a runway will have the same arithmetical value. The value will be the highest determined for either end of the runway. When a five thousand -foot arc is encompassed by tangents connecting two (2) adjacent ten thousand - foot arcs, the five thousand -foot arc shall be disregarded on the construction of the perimeter of the horizontal surface.) (2) Height limitation. No structure, except as herein provided, shall extend one hundred fifty (150) feet above the established airport elevation in the OH zone as depicted on the airport overlay zoning map. (3) Use limitation. Sanitary landfills shall not be permitted in the OH zone. (b) Conical overlay (OC) zone. (1) Defined. The land lying under a surface extending outward and upward from the periphery of the horizontal surface of the OH zone at a slope of twenty (20) to one for a horizontal distance of four thousand (4,000) feet. (2) Height limitation. No structure, except as herein provided, shall penetrate the conical surface in the OC zone as depicted on the airport overlay zoning map. (3) Use limitation. Sanitary landfills shall not be permitted in the OC zone. M. Ordinance No. 91-3505 Page 10 (c) Approach overlay (OA) zone. (1) Defined. The land lying under a surface longitudinally centered on the extended runway center line and extending outward and upward from each end of the primary surface. (Note: An approach surface is applied to each end of each runway based upon the type of approach available or planned for that runway end.) a. The inner edge of the approach surface is: 1. Five hundred (500) feet wide for runways 12, 17, 30 and 35. 2. One thousand (1,000) feet wide for runways 6 and 24. b. The outer edge of the approach surface is: 1. One thousand five hundred (1,500) feet wide for runways 12, 17, and 30. 2. Three thousand five hundred (3,500) feet wide for runways 6 and 35. 3. Four thousand (4,000) feet wide for runway 24. C. The approach surface zone extends for a horizontal distance of: 1. Five thousand (5,000) feet at a slope of twenty (20) to one for runways 12, 17, and 30. 2. Ten thousand (10,000) feet at a slope of thirty-four (34) to one for runways 6, 24, and 35. d. The light lane for runway 24 is four hundred (400) feet wide beginning at a point four hundred ninety (490) feet southwesterly on the runway center line from the center of the end of the runway pavement (including any and all paved safety areas), extending for a horizontal distance of one thousand six hundred (1,600) feet northeasterly at a slope of fifty (50) to one. (2) Height limitation. No structure, except as herein provided, shall penetrate the approach surface in the OA zone as depicted on the airport overlay zoning map. (3) Use limitation. Sanitary landfills shall not be permitted in the OA zone. (d) Clear overlay (OCL) zone. (1) Defined. The land lying under a surface longitudinally centered on the runway center line or extension thereof and described as follows: a. Runway 6 - 1,000 feet wide beginning at a point on the runway center line extended 200 feet out from the end of the pavement, and extending to the southwest on the extended center line for a distance of 1,700 feet and widening uniformly to a width of 1,510 feet. b. Runway 12 - 500 feet wide beginning at a point on the runway center line extended 200 feet out from the end of the pavement, and extending to the northwest on the extended center line for a distance of 1,000 feet and widening uniformly to a width of 700 feet. C. Runway 17 - 500 feet wide beginning at a point 225 feet in (south) from the end of the pavement, and extending to the north on the extended center line for a distance of 1,000 feet and widening uniformly to a width of 700 feet. M Ordinance No. 91-3505 Page 11 d. Runway 24 - 1,000 feet wide beginning at a point on the runway center line extended 200 feet out from the end of the pavement, and extending to the northeast on the extended center line for a distance of 1,700 feet and widening uniformly to a width of 1,425 feet. e. Runway 30 - 500 feet wide beginning at a point 275 feet in (northwest) from the edge of the pavement, and extending to the southeast on the extended center line for a distance of 1,000 feet and widening uniformly to a width of 700 feet. f. Runway 35 - 500 feet wide beginning at a point on the runway center line extended 200 feet out from the end of the pavement, and extending to the south on the extended center line for a distance of 1,700 feet and widening uniformly to a width of 1,010 feet. (2) Height limitation. No structure, except as herein provided, shall penetrate the clear surface of the OCL zone, as depicted on the airport overlay zoning map. (3) Use limitations. No use, except as herein provided, shall be permitted in the OCL zone in which there is connected therewith a building which according to the 1988 Edition of the Uniform Building Code, has an occupancy rating of fifty (50) square feet of floor area per person or less. In addition, the following uses shall not be permitted, except as herein provided: a. Campgrounds. b. Fairgrounds. C. Hospitals and institutions. d. Motels and hotels. e. Nursing and custodial home. f. Residential uses. g. Restaurants and similar eating and drinking establishments. h. Schools, including nurseries, pre kindergartens and kindergartens. i. Stadiums. j. Storage of fuel or other hazardous materials. k. Theaters. I. Sanitary landfills. (e) Transitional overlay (OT) zone. (1) Defined. The land lying under those surfaces extending outward and upward at right angles to the runway center line and the runway center line extended at a slope of seven (7) to one from the sides of the primary surface and from the sides of the approach surfaces to the intersection with the horizontal overlay (OH) zone. (2) Height limitation. No structure, except as herein provided, shall penetrate the transitional surface of the OT zone, as depicted on the airport overlay zoning map. (3) Use limitation. Sanitary landfills shall not be permitted on the OT zone. ai Ordinance No. 91-3505 Page 12 Sec. 4-76. Use Restrictions. In addition to the above restrictions on land, the following special requirements shall apply to properties within the airport zones described in Section 4-75 and shown on the Airport Zoning Map. (a) No structure shall be erected that raises the published minimum descent altitude for an instrument approach to any runway, nor shall any structure be erected that causes the minimum obstruction clearance altitude or minimum enroute altitude to be increased. (b) Lighting. (1) , All lighting or illumination used in conjunction with streets, parking, signs or other uses of land and structures shall be arranged and operated in such a manner that it is not misleading or dangerous to aircraft operating from the airport or in the vicinity thereof. (2) The owner of any structure over two hundred (200) feet above ground level shall install on the structure lighting in accordance with Federal Aviation Administration Advisory Circular 70-7460 and amendments. (3) Any permit or variance granted by the airport board of adjustment may be so conditioned as to require the owner of the structure or growth in question to permit the city or the Iowa City airport commission to install, operate and maintain thereon such markers or lights as may be necessary to indicate to pilots the presence of an airspace hazard. (c) No operations from any use shall produce electronic interference with navigation signals or radio communication between the airport and aircraft. Sec.4-77. Nonconformities. (a) Defined. Any structure or portion thereof which does not conform to the provisions of this article relative to height, and any use which is not allowed within the airport overlay zone in which it is located by reason of the adoption of Iowa City Ordinance Nos. 83-3133 and 83-3160, or this article or subsequent amendments thereto, is nonconforming. (b) Regulations not retroactive. The regulations prescribed herein shall not be construed to require the removal, lowering, or other change to or alteration of any structure or tree not conforming to the regulations as of the effective date of this article, or to otherwise interfere with the continuance of any nonconforming use. However, no pre- existing nonconforming structure, tree, or use shall be replaced, rebuilt, altered, or allowed to grow higher, or be replanted, so as to constitute a greater airport hazard than it was when these regulations were originally adopted. Nothing contained herein shall require any change in the construction, alteration, or intended use of any structure, construction or alteration of which was begun prior to the effective date of this article and is completed within one year thereafter. (c) Marking and lighting. Notwithstanding the preceding provision of this section, the owner of any nonconforming structure or tree is hereby required to permit the installation, operation, and maintenance thereon of such markers and lights as shall be necessary to indicate to the operator of aircraft in the vicinity of the airport, the presence of such airport hazards. Such markers and lights shall be installed, operated, and maintained at the expense of the Iowa City Airport Commission. Sec. 4-78. Airport Zoning Commission. A Johnson County/Iowa City Airport Zoning Commission shall be provided as follows: The airport zoning commission shall consist of five (5) members, two (2) of whom o� Ordinance No. 91-3505 Page 13 shall be appointed by the board of supervisors of Johnson County and two (2) of whom shall be selected by the city council of the City of Iowa City, Iowa, and one additional member to act as chairman, who shall be selected by a majority vote of the members selected by the board of supervisors and city council. The terms of such members shall be as provided by Section 329.9 of the Iowa Code. As required by Section 329.9 of the Iowa Code, such airport zoning commission shall follow the procedures provided in Sections 414.4 and 414.6 of the Iowa Code. Sec. 4-79. Board of Adjustment. An airport board of adjustment ("board") is hereby established as follows: The board shall consist of five (5) members, two (2) of whom shall be appointed by the board of supervisors of Johnson County and two (2) of whom shall be appointed by the city council of Iowa City, and one additional member to act as chairman who shall be selected by a majority vote of the members selected by the board of supervisors and city council. The terms of such members shall be as provided in Section 329.12 of the Iowa Code. Such board shall have the powers and duties, and shall follow the procedures, provided by Sections 329.11 and 329.12 of the Iowa Code. Sec. 4-80. Provisional Modification. (a) Any person desiring to construct a structure or establish a use which exceeds or violates the height and/or use limitations for the airport overlay zones as provided in Section 4-75 may request a provisional modification of those regulations as herein provided. The appropriate building official may grant a request for provisional modification if the proposed structure or use: (1) Is not considered an airport hazard or an incompatible use by the Federal Aviation Administration; and (2) Will not result in the construction or establishment of a structure or use that raises the published minimum descent altitude for an instrument approach to any runway, or that causes any minimum obstruction clearance altitude or minimum enroute altitude to be increased, as determined by the FAA. (b) Persons requesting such a provisional modification shall file FAA Form 7460-1 "Notice of Proposed Construction or Alteration" in accordance with the notice provisions of Section 4-74, and the notice provisions of FAR Part 77.13. If the Federal Aviation Administration issues a determination that the proposed structure or use is not consistent with the provisions of (a)(1) and (2) above, the building official shall deny such proposed modification to the height and/or use provisions contained in the airport overlay zones. Such denial shall not preclude an application for a special exception or variance to the airport board of adjustment, as provided in Sections 4-81 and 4-82. Sec. 4-81. Any structure which is deemed by the appropriate building official to be shielded, in accordance with the provisions of FAR Part 77.13 and Section 4-74(b) above, shall not be subject to the height restrictions contained herein, so long as the structure height does not exceed the height of the shielding structure. Sec. 4-82. Special Exceptions. (a) The height and use limitations contained in the airport overlay zones may be modified by special exception granted by the airport board of adjustment. However, no such special exception shall be granted unless the board finds, based upon written determination from the Federal Aviation Administration and the aeronautics division of the Iowa Department of Transportation, that: ME Ordinance No. 91-3505 Page 14 (1) In an application to permit any structure, tree, or use of land to exceed the height or use limitations of the airport overlay zones, that such structure, tree, or use of land, as proposed, will not obstruct landing and take -off of aircraft at the airport and will not constitute a hazard to aviation. (2) In the application to permit a use of land otherwise prohibited herein, that such use, as proposed will not be incompatible with airport operations and does not create/constitute a hazard. (b) An applicant for a special exception hereunder shall, as part of the application submitted to the board, file the required written advice of the Federal Aviation Administration, and the aeronautics division of the Iowa Department of Transportation. No application for a special exception hereunder shall be set for hearing by the board until such determination has been issued. (c) In making its determination on an application for a special exception, the board shall apply and be bound by State and Federal regulations applicable to the Iowa City Municipal Airport. (d) In making a determination on an application for a special exception as to use, where the structure has been determined to be shielded in accordance with Section 4-81 of this Ordinance, written advice of the FAA and IDOT in regard to the proposed use shall not be required. Sec.4-83. Variances. (a) Any person desiring to erect or increase the height of any structure, or to permit the growth of any tree, or otherwise use property in a manner which would constitute a violation of these regulations; may apply to the board for a variance from these regulations. Such variances shall be allowed only where a literal application or enforcement of these regulations would result in unnecessary hardship, and the relief granted would not be contrary to the public interest, but would do substantial justice and be in accordance with the spirit of these regulations and of Chapter 329 of the Iowa Code; provided, however, any such variance may be allowed subject to any reasonable conditions that the board may deem necessary to effectuate the purposes of Chapter 329 of the Iowa Code, including but not limited to the following: Any such variance shall be subject to a requirement that the person requesting the variance, at such person's own expense, install, operate, and maintain thereon such markers and lights as may be necessary to indicate to operators of aircraft the presence of an airport obstruction; and the reservation of the right of the City of Iowa City and the Iowa City Airport Commission, at their own expense, to go onto the permittee's property to install, operate, and maintain thereon such markers and lights as may be necessary to indicate: to operators of aircraft the presences of an airport obstruction. (b) In making its determination on an application for a variance, the board shall apply and be bound by State and Federal regulations applicable to the Iowa City Municipal Airport. (c) Any appeal from the decision of the board of adjustment shall be in accordance with the provisions of Section 414.15 et seq. of the Iowa Code. Sec. 4-84. Administration and Enforcement. The administration of these zoning regulations shall be performed by the appropriate county or city building official, as the case may be. Enforcement of these zoning regulations shall be the responsibility of the Iowa City Airport Commission, or through such persons or representatives as the Iowa City Airport Commission may from time to time direct. However, as provided by Section 329.13 of the Iowa Code, such ME Ordinance No. 91-3505 Page 15 duties of enforcement and administration shall not include any of the powers herein delegated to the board of adjustment. Sec. 4-85. Equitable Remedies. The City of Iowa City or the Iowa City Airport Commission may, as authorized by Section 329.5 of the Iowa Code, maintain an action in equity to restrain and abate as a nuisance the creation or establishment of an airport hazard pertaining to the Iowa City Municipal Airport in violation of these regulations for any area, whether within or without the territorial limits of the City of Iowa City. Sec. 4-86. Conflicting Regulations. In the event of any conflict between these airport zoning regulations and any other regulations applicable to the same area, whether the conflict be with respect to the height of structures or trees, the use of land, or any other matter, the more stringent limitation or requirements shall control. Sec. 4-87. Prohibited Acts. It shall be unlawful for any person to do any of the acts hereinafter stated unless a provisional modification, special exception, or variance from the provisions of these regulations shall have been granted. (1) No person shall erect or increase the height of any structure, or permit the growth of any tree, to a height in excess of that provided by [any] of these regulations for the zone or area where such act occurs, except as provided in this Article. (2) No person shall hereafter place, or cause to be placed, above ground, transmission or distribution lines or poles or other structures supporting the same within two hundred (200) feet of the outer boundary of the airport as said boundary is shown on the airport overlay zoning map. (3) No person shall otherwise use property within a zone established by these regulations in violation of the use restrictions of these regulations, or in such a manner as to create an airport hazard as defined herein, except as provided in this Article. Sections 4-88 and 4-89. Reserved. ARTICLE VI. SELF -FUELING REGULATIONS Sec. 4-90. Fueling and Inflammables. (a) Persons or entities operating non-commercial aircraft on the airport and intending to fuel their own aircraft must do so in accordance with the requirements of this article. Commercial fueling operations must comply with the requirements of Section 4-39. (b) No person shall use flammable volatile liquids having a flash point of less than one hundred (100) degrees Fahrenheit to clean aircraft, aircraft engines, propellers, appliances or for any other purpose unless such operation is conducted in open air, or in a room specifically set aside and approved for that purpose. This room must be properly fireproofed and equipped with adequate and readily accessible fire extinguish- ing apparatus. (c) The procedures and precautions outlined in the criteria of the National Fire Protection Association (NFPA Pamphlet No. 401 D, "Safeguarding Aircraft Cleaning, Painting and Paint Removal," and NFPA Pamphlet No. 410F, "Aircraft Cabin Cleaning and Refurbishing Operations") shall be followed in all cleaning, painting, and refurbishing operations. IRE Ordinance No. 91-3505 Page 16 Sec. 4-91. Fueling Operations. Aviation fuels shall be sold on airport property only by vendors meeting the standards provided by section 4-39 of this Chapter and having a written lease with the Airport Commission. Private users shall only fuel aircraft owned, rented or leased by them. Such fueling operations shall be performed in compliance with this article. Sec. 4-92. Refueling and Defueling Aircraft. The following general rules shall govern refueling, defueling, oil service, and sumping of aircraft, and placing fuels in storage tanks or dispensers: (a) No aircraft shall be refueled, defueled or oil serviced while aircraft engines are running, when aircraft is being warmed by application of heat, or when aircraft is in a closed hangar or a congested or an enclosed space. (b) No person shall smoke or permit any open flame except in designated areas. (c) Prior to fuel servicing, the aircraft and the fuel dispensing equipment shall be grounded to one or more points of zero electrical potential to prevent the possibility of static ignition of volatile liquids. The refueling unit shall be grounded to aircraft. The following grounding sequence is preferred: (1) Aircraft to apron or ground. (2) Refueling unit to ground. (3) Refueling unit to aircraft. (4) Refueling nozzle to aircraft. The foregoing procedure, modified as necessary, will apply to storage dumping and to filling dispensing equipment. (d) If refueling equipment is found to be damaged or malfunctioning, refueling shall cease immediately and refueling shall not resume until the damage or malfunction is remedied. Damaged or malfunctioning refueling equipment of an aircraft being serviced will be brought to the attention of the aircraft owner or operator immediately. (e) Utmost caution to prevent spills of aviation fuels shall be exercised by any person fueling or defueling aircraft, filling dispensing equipment, or dumping fuel into storage. If a spill occurs, servicing shall cease and the spill must be removed or absorbed with suitable material. (f) Pumps, meters, hoses, nozzles, fire extinguishers, and grounding devices shall be kept in operable condition. (g) During aircraft fuel handling operations, CO2 or approved dry chemical fire extinguishers (15 pounds or larger) shall be immediately available for use. (h) No refueling operation may be performed during an electrical storm. (i) No person shall operate any radio transmitter or receiver, or other electrical device during aircraft refueling or defueling. (j) No person shall use any material or equipment during refueling or defueling of aircraft which is likely to cause a spark or ignition. (k) No person shall start the engine of any aircraft when there is any aircraft fuel on the ground below the aircraft. (1) Manufacturer -equipped grounding devices on all hoses, funnels, and appurtenances used in refueling and defueling operations shall be maintained in good working condition. (m) No aircraft shall be refueled or defueled while passengers are on board the aircraft unless a passenger loading ramp is in place at the cabin door of the is Ordinance No. 91-3505 Page 17 aircraft, the aircraft door is in open position and a cabin attendant is present at or near the cabin door. (n) No airborne radar equipment shall be operated or ground tested in any area where the directional high intensity radar beam is within three hundred (300) feet, or the low intensity radar beam (less than 50 KW output) is within one hundred (100) feet of another aircraft, an aircraft refueling operation, an aircraft refueling truck, or any flammable liquid storage facility. (o) During refueling or defueling, fuel handling vehicles shall be parked in a site and manner to permit rapid and direct emergency departure. No more than one refueler shall be parked at each wing of an aircraft and no more than two refuelers shall serve the same aircraft at one time. When high capacity aircraft are refueled, additional refuelers shall park only in areas designated for that purpose by the Airport Manager and shall not be parked closer than one hundred (100) feet of the aircraft being refueled. (p) Each fuel handling vehicle shall be conspicuously marked in letters of contrasting color, with the word "Flammable" on both sides and rear of the cargo tank in letters at least six (6) inches high, and with the wording "Emergency Shut Off" and other appropriate operating instructions required at the emergency operating devices in letters at least two (2) inches high. Each fuel handling vehicle will also be conspicuously marked on both sides and rear with the type and grade of fuel it contains. (q) Each fuel handling vehicle shall meet all requirements of the Uniform Fire Code adopted by Iowa City Code regarding fueling on airports. (r) A fueling vehicle may be stored upon the airport only pursuant to written lease with the Airport Commission. Sec.4-93. Reserved. Sec. 4-94. Liquid Disposal Prohibited. No fuels, oils, dopes, paints, solvents, or acids shall be dumped or disposed of in drains, ramp areas, catch basins, ditches, or any other area of the airport. Sec. 4-95. Cleaning Floors. Hangar and shop area floors shall be kept clean and free of oil. Volatile flammable solvents shall not be used to clean floors. Sec. 4-96. Drip Pans. Drip pans shall be placed under aircraft engines when recommended or required by aircraft designers. The pans shall be cleaned regularly and shall not be used or allowed to store flammable materials. Sec.4-97. Reserved. Sec. 4-98. Underground Storage Tanks. Persons or entities operating aircraft on the airport may, pursuant to written lease with the Airport Commission, install underground storage tanks for aircraft fuel. (a) Land. The person or entity ("lessee") shall execute a written lease with the Airport Commission for sufficient ground to accommodate such buildings, aircraft parking, paved ramp area, fuel farm, and motor vehicle parking as the parties deem necessary. Access to airport property from privately owned land (commonly referred to as "through -the -fence" operations) is strictly prohibited. (b) Personnel. At least one properly trained person shall be on duty during all hours of operations as provided for by the Uniform Fire Code (Articles 24 and 79). ME Ordinance No. 91-3505 Page 18 (c) Services. The lessee may hangar, adjust, repair, refuel, clean, and otherwise service the lessee's own or operated aircraft, provided it is done by lessee's employees. This would not prevent lessee from hiring outside mechanical labor when adequate service cannot be obtained by existing lessees of the Airport Commission. (d) Fuel facilities. Metered, filter -equipped dispenser(s) for dispensing aviation fuels shall meet the requirements found in FAA Advisory Circular, FAA AC No. 150/5230-4 (as amended) and the Uniform Fire Code (Articles 24 and 79). (e) Aircraft fueled. Only aircraft owned, rented, leased, or operated by the lessee may, be fueled from the lessee's fueling facilities. (f) Fuel quality control program. All tanks and accessories shall be maintained and operated by the lessee in accordance with federal, state, and local laws regarding fuel storage and dispensing on airports, including, but not limited to the Uniform/National Fire Code, FAA Advisory Circular No. 150/5230-4, as amended, and the Uniform Fire Code, Articles 24 and 79. (g) Hours of operation. The operating hours shall be determined by the lessee. (h) Insurance. Lessee shall maintain, at a minimum, the following insurance coverage: (1) Comprehensive public liability and property damage: (2) Bodily injury: One hundred thousand dollars ($100,000.00) per person; one million dollars ($1,000,000.00) per occurrence. (3) Property damage: One million dollars ($1,000,000.00) each accident. Lessee shall provide a certificate of insurance upon request of lessor. (i) Hold harmless clause. The land lease shall include a clause that holds the City of Iowa City and the Iowa City Airport Commission harmless of any liability resulting from the operation of the self -fueling facility. Sec.4-99. Penalties. Each violation of these regulations shall constitute a misdemeanor or a municipal infraction, and shall be punishable as provided in Chapter 1 of this Code. Each day a violation occurs or continues to exist shall constitute a separate offense. SECTION ll. SEVERABILITY. If any of the provisions of this Ordinance are for any reason declared illegal or void, then the lawful provisions of this Ordinance are deemed severable and shall remain in full force and effect. SECTION Ill. REPEALER. All ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION IV. EFFECTIVE DATE. This Ordinance shall be in full force and effect from and after its final passage, approval and publication, as provided by law. Passed and approved this AYOR ATTEST: �{ CITY CLERK El Ordinance No. 91-3505 Page 19 chapter4lchap-4.ord a� It was moved by Horowitz and seconded by Ambrisco Ordinance as read - a aftte an upon roll call there were: AYES: NAYS: ABSENT: x Ambrisco x Courtney x Horowitz x Kubby x Larson x McDonald x Novick that the First Consideration 7/23/91 Vote for passage: AYES : :%mbrisco, (ourtney, Horowitz, Kubby, Larson, McDonald, Novick. NAYS: None. ABSENT: None. Second Consideration 7/31/91 Vote for Passage: AYES: Ambrisco. Courtney, Horowitz, Kubby, Larson, McDonald, Novick. NAYS: None. ABSENT: None. Date published Iowa Code 2001: Section 329.9 Page 1 of 1 329.9 Procedure for adopting zoning regulations --zoning commission. In adopting, amending, and repealing airport zoning regulations under this chapter the governing body of a city shall follow the procedure in sections 414.4 and 414.6 and the board of supervisors of a county shall follow the procedure in sections 335.6 and 335.8. The commission so appointed shall be known as the airport zoning commission. The airport zoning commission shall consist of two members from each municipality selected by the governing body and one additional member to act as chairperson and to be selected by a majority vote of the members selected by the municipality. The terms of the members of the airport zoning commission shall be for six years excepting that when the board is first created, one of the members appointed by each municipality shall be appointed for a term of two years and one for a term of four years. Members may be removed for cause by the appointing authority upon written charges after public hearing. Vacancies shall be filled for the unexpired term of any member whose office becomes vacant in the same manner in which the member was selected. Section History: Early form [C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, 581, § 329.9; 81 Acts, ch 117, § 1052] Internal References Referred to in § 331.321 Previous Section 329.8 Next Section 3 29. 10 Sec. © 2001 Cornell College and League of Women Voters of low Comments about this site or page? iacode@staff:legis.state.ia.us. Please remember that the person listed above does not vote on bills. Direct all comments concerning legislation to State Legislators. Last update: Mon Jan 2217:13: 42 CST 2001 URL: /IACODE/2001/329/9.html jhf http://www.legis.state.ia.us/cgi-bin/IACODE/Code2OOl.pl 3/29/02 Iowa Code 2001: Section 329.12 Page 1 of 2 329.12 Board of adjustment--creation--powers--duties. The governing body of any municipality seeking to exercise powers under this chapter shall by ordinance provide for the appointment of a board of adjustment, as provided in section 414.7 for a city, or as provided in section 335.10 for a county. The board of adjustment has the same powers and duties, and its procedure and appeals are subject to the same provisions as established in sections 414.9 to 414.19 for a city, or sections 335.12 to 335.21 for a county. The concurring vote of a majority of the board shall be necessary to reverse any order, requirement, decision or determination of any administrative official or to decide in favor of the applicant on any matter upon which it is required to pass under any regulations adopted pursuant to this chapter or to effect any variance therefrom. The board of adjustment shall consist of two members from each municipality, selected by the governing body thereof, and one additional member to act as chairperson and to be selected by a majority vote of the members selected by the municipality. Members shall be removable for cause by the appointing authority upon written charges and after public hearing. Vacancies shall be filled for the unexpired term of any member whose office becomes vacant in the same manner in which said member was selected. The terms of the members of the board of adjustment shall be for five years, excepting that when the board shall first be created, one of the members appointed by each municipality shall be appointed for a term of two years and one for a term of four years. Section History: Early form [C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, 581, § 329.12; 81 Acts, ch 117, § 1053] Previous Section 329.11 Next Section 329.13 ff ome © 2001 Cornell College and League of Women Voters of Iowa Comments about this site or page? iacode@staff.legis.stateJa.us. Please remember that the person listed above does not vote on bills. Direct all comments concerning legislation to State Legislators. Last update: Mon Jan 2217:13: 42 CST 2001 http://www.legis.state.ia.us/cgi-bin/IACODE/Code2OOI.pl 3/29/02 14-8C-1 14-8C-3 CHAPTER 8 AIRPORT ZONING ARTICLE C. ADMINISTRATION AND ENFORCEMENT' SECTION: 14-8C-1: Administration and Enforcement 14-8C-2: Airport Zoning Commission 14-8C-3: Airport Board of Adjustment 14-8C-4: Notification of Proposed Development 14-8C-5: Equitable Remedies 14-8C-6: Conflicting Regulations 14-8C-7: Prohibited Acts 14-8C-1: ADMINISTRATION AND EN- FORCEMENT: The administra- tion of these zoning regulations shall be performed by the appropriate County or City building official, as the case may be. Enforcement of these zoning regulations shall be the responsibility of the Iowa City Airport Commission or through such per- sons or representatives as the Iowa City Airport Commission may, from time to time, direct. However, as provided by the Code of Iowa, as amended, such duties of enforce- ment and administration shall not include any of the powers herein delegated to the Airport Board of Adjustment. (1978 Code §4-84) 14-8C-2: AIRPORT ZONING COMMIS- SION: A Johnson County/Iowa City Airport Zoning Commission shall be provided as follows: The Airport Zoning Commission shall consist of five (5) mem- 1. See Title 13 of the City Code for airport regulations. 2. See Title 13, Chapter 1 of the City Code. bers, two (2) of whom shall be appointed by the Board of Supervisors of Johnson Coun- ty and two (2) of whom shall be selected by the City Council of the City of Iowa City and one additional member to act as chairper- son, who shall be selected by a majority vote of the members selected by the Board of Supervisors and City Council. The terms of such members shall be as provided by the Code of Iowa, as amended. As required by the Code of Iowa, as amended, such Air- port Zoning Commission shall follow the procedures provided in the Code of Iowa, as amended. (1978 Code §4-78; 1994 Code) 14-8C-3: AIRPORT BOARD OF ADJUST- MENT: An Airport Board of Ad- justment ("Board") is hereby established as follows: The Board shall consist of five (5) members, two (2) of whom shall be appoint- ed by the Board of Supervisors of Johnson County and two (2) of whom shall be ap- pointed by the City Council of Iowa City and one additional member to act as chairper- son, who shall be selected by a majority vote of the members selected by the Board of Supervisors and City Council. The terms of such members shall be as provided in the Code of Iowa, as amended. The Board shall have the powers and duties and shall follow the procedures provided by the Code of Iowa, as amended. (1978 Code §4-79; 1994 Code) Iowa City 14-8C-1 14-8C-3 CHAPTER8 AIRPORT ZONING ARTICLE C. ADMINISTRATION AND ENFORCEMENT' SECTION: 14-8C-1: Administration and Enforcement 14-8C-2: Airport Zoning Commission 14-8C-3: Airport Board of Adjustment 14-8C-4: Notification of Proposed Development 14-8C-5: Equitable Remedies 14-8C-6: Conflicting Regulations 14-8C-7: Prohibited Acts 14-8C-1: ADMINISTRATION AND EN- FORCEMENT: The administra- tion of these zoning regulations shall be performed by the appropriate County or City building official, as the case may be. Enforcement of these zoning regulations shall be the responsibility of the Iowa City Airport Commission or through such per- sons or representatives as the Iowa City Airport Commission may, from time to time, direct. However, as provided by the Code of Iowa, as amended, such duties of enforce- ment and administration shall not include any of the powers herein delegated to the Airport Board of Adjustment. (1978 Code §4-84) 14-8C-2: AIRPORT ZONING COMMIS- SION: A Johnson County/Iowa City Airport Zoning Commission shall be provided as follows: The Airport Zoning Commission shall consist of five (5) mem- 1. See Title 13 of the City Code for airport regulations. 2. See Title 13, Chapter 1 of the City Code. bers, two (2) of whom shall be appointed by the Board of Supervisors of Johnson Coun- ty and two (2) of whom shall be selected by the City Council of the City of Iowa City and one additional member to act as chairper- son, who shall be selected by a majority vote of the members selected by the Board of Supervisors and City Council. The terms of such members shall be as provided by the Code of Iowa, as amended. As required by the Code of Iowa, as amended, such Air- port Zoning Commission shall follow the procedures provided in the Code of Iowa, as amended. (1978 Code §4-78; 1994 Code) 14-8C-3: AIRPORT BOARD OF ADJUST- MENT: An Airport Board of Ad- justment ("Board") is hereby established as follows: The Board shall consist of five (5) members, two (2) of whom shall be appoint- ed by the Board of Supervisors of Johnson County and two (2) of whom shall be ap- pointed by the City Council of Iowa City and one additional member to act as chairper- son, who shall be selected by a majority vote of the members selected by the Board of Supervisors and City Council. The terms of such members shall be as provided in the Code of Iowa, as amended. The Board shall have the powers and duties and shall follow the procedures provided by the Code of Iowa, as amended. (1978 Code §4-79; 1994 Code) Iowa City AIRPORTS AND AVIATION 4 4-78 herein shall require any change in the construction, alteration, or intended use of any structure, construction or alteration of which was begun prior to the effective date of this article and is completed within one year thereafter. (c) Marking and lighting. Notwithstanding the preceding pro- vision of this section, the owner of any nonconforming structure or tree is hereby required to permit the installation, operation, and maintenance thereon of such markers and lights as shall be necessary to indicate to the operator of aircraft in the vicinity of the airport, the presence of such airport hazards. Such markers and lights shall be installed, operated, and maintained at the expense of the Iowa City Airport Commission. (Ord. No. 84-3211, § 6, 11-6-84) Sec. 4-77. Airport zoning commission. A Johnson County/Iowa City Airport Zoning Commission shall be provided as follows: The airport zoning commission shall con- sist of five (5) members, two (2) of whom shall be appointed by the board of supervisors of Johnson County and two (2) of whom shall be selected by the city council of the City of Iowa City, Iowa, and one additional member to act as chairman, who shall be selected by a majority vote of the members selected by the board of super- visors and city council. The terms of such members shall be as provided by Section 329.9 of the Iowa Code. As required by Sec- tion 329.9 of the Iowa Code, such airport zoning commission shall follow the procedures provided in Sections 414.4 and 414.6 of the Iowa Code. (Ord. No. 84-3211, § 7, 11-6-84) Charter reference —Boards, commissions and committees, §§ 5.01-5.03. Cross reference —General requirements for boards and commissions, §§ 2-100-2-103. Sec. 4-78. Board of adjustment. An airport board of adjustment ("board") is hereby established as follows: The board shall consist of five (5) members, two (2) of whom shall be appointed by the board of supervisors of Johnson County and two (2) of whom shall be appointed by the city council of Iowa City, and one additional member to act as chairman who shall be selected by a majority vote of the members selected by Supp. No. 23 335 AIRPORT COMMISSIONicar AIRPORT ZONING COMMISSION /�P3 AIRPORT ZONING BD. OF ADJUSTMENT ASSESSOR'S EXAMINING BD. BD. OF ADJUSTMENT or 4v '4 Q BD. OF APPEALS o R to /4 G BD. OF ELECTRICAL EXAMINERS AND APPEALS P,6pk' �G o BD. OF EXAMINERS OF PLUMBERS "Trk)r BD. OF LIBRARY TRUSTEES e BD. OF REVIEW BD. OF TRUSTEES FOR POLICE RETIREMENT BD. OF TRUSTEES FOR FIRE RETIREMENT ---- BROADBAND TELECOMMUNICATION COMM. CITY CONFERENCE BD. r CIVIL SERVICE COMMISSION COMMITTEE ON COMMUNITY NEEDS / 9 7,1, DESIGN REVIEW /9 7 s-e- HISTORIC PRESERVATION COMM. HOUSING COMMISSION 19 70 HUMAN RIGHTS COMMISSION MAYOR'S YOUTH EMPLOYMENT BD. /yC� SSr4 PARKS AND REC. COMMISSION PLANNING AND ZONING COMMISSION PROJECT GREEN RESOURCES CONSERVATION COMMISSION RIVERFRONT COMMISSION �9%3 SENIOR CENTER COMMISSION RESOLUTION NO. 83-360 RESOLUTION CREATING AIRPORT ZONING COMMISSION AND AUTHORIZING APPOINTMENTS OF MEMBERS THEREOF WHEREAS, Iowa Code Chapter 329 allows municipalities, including cities and counties, to adopt zoning regulation for the prevention of hazards near airports; and WHEREAS, the City of Iowa City desires to adopt, jointly with Johnson County, zoning regulations for areas, both within and without the City, near the Iowa City Municipal Airport; and WHEREAS, the City wishes to create an airport zoning commission pursuant to Chapter 329 for the purpose of having said commission recommend to the City and County an airport zoning ordinance; NOW, THEREFORE, BE IT RESOLVED by the City Council of Iowa City, Iowa that: 1. Pursuant to powers specified in Iowa Code (1983) Section 329.9, there is hereby created, jointly with Johnson County, Iowa, an airport zoning commission. 2. Two persons selected by the City of Iowa City, Iowa shall be appointed to the airport zoning commission. One of such persons shall be a member of the Iowa City Planning and Zoning Commission, and the other shall be a member of the Iowa City Airport Commission. 3. The person selected from the membership of the Planning and Zoning Commission shall be appointed for an initial term of two years; the person selected from the Airport Commission shall be appointed for an initial term of four years. Subsequent appointments shall be for terms of six years each. 4. The airport zoning commission shall have such powers as are specified in Chapter 329 of the Iowa Code (1983). It was moved by McDonald Resolution be adopted, and upon ro AYES: NAYS: x x V k y M and seconded by call there were: ABSENT: Balmer _ Dickson Erdahl Lynch McDonald Neuhauser Perret Passed and approved this 7th day of November , 1983. Erdahl the Ll.� L' is ■ ATTEST: _� C Y CLERK RK-1,1ved & Appr�vez! By Thy U-331 Deis rtrner� �.� ._ r ma