HomeMy WebLinkAbout04-24-2014 Airport Zoning CommissionIOWA CITY/JOHNSON COUNTY AIRPORT ZONING COMMISSION
MEETING AGENDA
AIRPORT TERMINAL BUILDING
1801 S. RIVERSIDE DRIVE
IOWA CITY, IOWA
THURSDAY, APRIL 24, 2014 - 5:30 P.M.
1. Determine Quorum
2. Public Discussion of any item not on the Agenda
3. Approval of Minutes of the following meetings:
a. April 15, 2014
4. Items for Discussion /Action:
a. Consider a recommendation to amend airport zoning code Title 14, Zoning,
Chapter 6, Airport Zoning, Section 4, Airport zones to allow an
administrative review process of proposed objects which may penetrate the
Horizontal Overlay zone under certain conditions
5. Adjourn
'The times listed in the agenda are the anticipated duration of that particular agenda item. The actual discussion
may take more or less time than anticipated
Airport Commission
April 15, 2014
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MINUTES
IOWA CITY AIRPORT ZONING COMMISSION
APRIL 15, 2014 — 5:30 P.M.
AIRPORT TERMINAL BUILDING
Members Present: Terry Dahms, Matt Wolford, Christine Douglas
Members Absent: John Etheredge, Elaine Hayes
Staff Present: Sue Dulek, Michael Tharp
Others Present: None.
DRAFT
RECOMMENDATIONS TO COUNCIL: (to become effective only after separate Council
action):
None.
CALL TO ORDER:
Tharp called the meeting to order at 5:38 P.M.
PUBLIC DISCUSSION:
None.
APPROVAL OF MEETING MINUTES:
Tharp noted that they had the minutes ready for approval, and if members had any corrections
to make they could recommend them and approve amended minutes. Dahms moved approval
of the minutes of April 7, 2014, seconded by Douglas. Motion carried 3-0 (Etheredge, Hayes
absent).
ITEMS FOR DISCUSSION/ACTION:
a. Consider a recommendation to amend airport zoning code Title 14,
Zoning, Chapter 6, Airport Zoning, Section 4, Airport zones to allow an
administrative review process of proposed objects which may penetrate
the Horizontal Overlay zone under certain conditions — Tharp began by
discussing the agenda packet, stating that he hoped he had provided
everything the Commission had been looking for after the first meeting.
Tharp noted that he had included a copy of an airspace study and a memo
that described the review process. Dahms asked about the cranes and other
objects around the city. Tharp noted that while they had been reviewed by
the FAA, they were outside of the city jurisdiction due to the fact that they
were associated with the University of Iowa construction or Veterans
Administration. Tharp noted that because those were state and federal level
entities the city zoning code didn't apply to them; however in the past both
entities had been good neighbors and worked within the city rules. Douglas
Airport Commission
April 15, 2014
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asked about the process, Tharp and Dulek described the process that
developers use in the current process. Members continued to discuss the
recommended changes. Douglas stated that she would like more time to
review and examine the changes and asked what other cities were doing.
Tharp noted that he could go back to some of the locations and pull versions
of their zoning codes. Dahms stated that he had concerns about voting just
with a minimum of members present. Members continued to discuss the
recommendation. Members decided to continue the discussion until the next
meeting so that the missing members could weigh in.
ADJOURN: Dahms motioned to adjourn, seconded by Wolford. Motion Carried 3-0(Etheredge,
Hayes absent). Meeting adjourned at 6:22pm
CHAIRPERSON DATE
Airport Commission
April 15, 2014
Page 3
Airport Zoning Commission
ATTENDANCE RECORD
2014
Key:
X = Present
X/E = Present for Part of Meeting
O = Absent
O/E = Absent/Excused
NM = Not a Member at this time
TERM
0
0
A
A
NAME
EXP.
0
A
A
John Etheredge
12/31/14
X
O/
E
Christine Douglas
12/31/15
X
X
Matthew Wolford
12/31/17
X
X
Terry Dahms
03/01/16
X
X
Elaine Hayes
O/
E
Key:
X = Present
X/E = Present for Part of Meeting
O = Absent
O/E = Absent/Excused
NM = Not a Member at this time
CITY OF IOWA CITY
`YA L MEMORANDUM
Date: April 11, 2014
To: Airport Zoning Commission
From: Airport Operations Specialist
Re: Amendment to 14-6-4 Airport Zones
INTRODUCTION/BACKGROUND:
The City of Iowa City has a section in the zoning code protecting the airspace around the Iowa
City Municipal Airport. (Title 14, Chapter 6)
The Horizontal Overly zone is an imaginary plane at 150 feet above the highest runway
elevation and extending in a circle 10,000 feet in diameter. The purpose of which is to control
'tall' structures near the airport or airport flight patterns which may cause hazards to aircraft.
As currently written, the code only allows for the penetration of the Horizontal Overlay zone by
special exception. Recently due to several factors, there have been instances where the
Federal Aviation Administration (FAA) will issue a "Notice of Determination of No Hazard to Air
Navigation" for proposed projects even though they penetrate the horizontal overlay zone. In
other words, the FAA does not object to the project, but the City Code prohibits it without a
special exception.
GOAL:
The proposed amendment would allow an administrative review process that would allow
objects to penetrate the Horizontal Overlay zone under certain specific conditions. In these
instances, a special exception would not be required.
The proposed code language is found below. Underlined text is new language to be added.
DEFINITION OF ZONING TERMS AND PROCESS:
Given that some of you may not be familiar with zoning terms and process, I thought it helpful to
provide some additional information.
The Airport Zoning Commission, just like a County Zoning Commission or City Zoning
Commission, makes recommendations to the Board of Supervisors or the City Council
regarding proposed changes to the zoning code. In this instance, Airport staff is recommending
a change to the zoning code regarding airports. Before the City Council of Iowa City can
consider the change, there must be a recommendation from the Airport Zoning Commission.
A special exception is a limited way for the government to grant an exception to the zoning code
if certain criteria are met. A typical example is that the zoning code requires buildings to be
located at least X feet from the property line, which is referred to as a "setback requirement."
By way of example, assume that the zoning code does not allow a building to be constructed
within 8 feet of the side property yard. The zoning code could, for example, allow a special
exception that would permit a structure to be built as close as 6 feet of the property line if: a)
April 11, 2014
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the neighboring property owner was agreeable; b) it was for an addition to an existing structure;
c) it is compatible with the surrounding structures; d) and so forth.
Special exceptions are granted by a "Board of Adjustment," which is a citizen group who hears
applications and grants or denies exceptions. In this example, the homeowner wanting to add
on to a garage that would be located 6 Yz feet from the property line would file an application for
a special exception. Usually a fee is charged. Then there is a hearing before the Board of
Adjustment, and if all the criteria are met, the Board would grant the special exception, and if
not, the Board would deny it.
Even though special exceptions are available to a property owner wanting to build a structure
that penetrates the Horizontal Overlay zone, the proposed amendment would allow for some
penetrations without the need to apply for a special exception. In short, the proposed
amendment eases up on the building restriction, while not adversely affecting the operation of
the airport.
EXCERPT OF SECTION 14-6-4 OF THE CITY CODE WITH PROPOSED CHANGE
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 chapter 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:...
C. Horizontal Overlay Zone (HO) Defined:
1. The airspace above a horizontal plane, the perimeter of which is established by swinging arcs
of ten thousand foot (10,000') radii from the center of the inner edge of the AO zones of runways
25, 30, and 36, and an arc of five thousand foot (5,000') radius from the center of the inner edge
of the AO zone of runways 12, 7, and 18, and connecting the adjacent arcs by lines tangent to
those arcs. The floor of the HO zone is one hundred fifty feet (150') above the airport elevation,
or eight hundred thirty four feet (834') above mean sea level.
2. 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.
3. The proposed structure may penetrate the HO if the Airport Operations Specialist determines
that:
a) the FAA has issued a "Determination of No Hazard to Navigation;'
b) the proposed structure does not exceed any TERPS zone or any other 14 C.F.R. Part 77
zone; and
c) the proposed structure does not require a change to instrument approaches, minimum
safe altitude, traffic pattern altitude, takeoff/departure procedures or weather minimums or a
change similar in nature either to the approach or departure of an aircraft
April 11, 2014
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FAA TERMS:
I thought it best to define some FAA terminology for you:
"Determination of No Hazard" (DNH) - is issued if the structure exceeds obstruction standards
but does not result in a substantial adverse effect. I have included a sample airspace study for
example.
TERPS — Terminal Instrument Procedures - is the set of rules and guidelines the FAA uses to design
and implement instrument flight procedures.
A 14 C.F.R. Part 77 zone' - Federal Regulation Title 14 Part 77 establishes standards and
notification requirements for objects affecting navigable airspace. This defines the shape and size of
the several different airspace zones.
RECOMMENDATION:
Amend the zoning ordinance to allow for administrative review of objects that may penetrate this
zone given specific criteria for approval.
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Excerpt from Des Moines City Zoning Code
Sec. 22-5. Airport zones.
In order to carry out the provisions of this article there are hereby created and established
certain zones which are described herein. 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:
(1) AO Approach Overlay Zone—Defined. The airspace above a sloping plane extending
outward from each end of each runway at the Des Moines International Airport, and at
the Ankeny Regional Airport, 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 outside edges of each AO zone longitudinal to
the centerline of the runway are the base lines for the TO zones at the edges of the
AO zone.
a. The AO zones at the Des Moines International Airport are as follows:
DSM Runway 5/23:
Runway 5 Approach (Planned) (AOSDSM): Beginning 200 feet
beyond the runway threshold at the southwest end of DSM
Runway 5/23, extending southwesterly, 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 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, for a total horizontal
distance of 50,000 feet from the point of beginning.
ii. Runway 23 Approach (AO23DSM): Beginning 200 feet beyond
the runway threshold at the northeast end of DSM Runway 5/23,
extending northeasterly, 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 4,000 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 from the point
of beginning.
2. DSM Runway 13L/31 R.
Runway 13L Approach (AOI3LDSM): Beginning 200 feet beyond
the runway threshold at the northwest end of DSM Runway
13L/31 R, extending northwesterly, 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
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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, for a total horizontal distance of
50,000 feet from the point of beginning.
ii.
Runway 31R Approach (AO31RDSM): Beginning 200 feet
beyond the runway threshold at the southeast end of DSM
Runway 13L/31 R, extending southeasterly, 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 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, for a total horizontal
distance of 50,000 feet from the point of beginning.
3. DSM Runway 13R/31L:
Runway 13R Approach (Planned) (AOI3RDSM): Beginning 200
feet beyond the runway threshold at the northwest end of DSM
Runway 13R/31 L, extending northwesterly, 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 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, for a total horizontal
distance of 50,000 feet from the point of beginning.
ii. Runway31LApproach (Planned) (AO31LDSM): Beginning 200
feet beyond the runway threshold at the southeast end of planned
DSM Runway 13R/31 L, extending southeasterly, 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 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, for a total horizontal
distance of 50,000 feet from the point of beginning.
b. The AO zone at the Ankeny Regional Airport is as follows:
IKV Runway 18/36 (AO361KV): That portion of the following area which
overlays the City of Des Moines: Beginning 200 feet beyond the runway
threshold at the south end of IKV Runway 18/36, extending southward,
centered on the extended centerline of the runway, the inner edge of which 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
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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 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, for a total horizontal distance of 50,000
feet from the point of beginning.
C. Height limitations:
Except as otherwise provided herein, no person shall construct or alter
any structure, nor plant or grow any tree, so as to penetrate any AO
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 approach overlay
zone by any portion of any vehicle that may operate upon such roadway.
(2) CA Controlled Activity Zone - Defined. An area of fixed size, underlying the innermost
portion (closest to the runway end) of the AO zone for each 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.
a. The CA zones for the Des Moines International Airport are as follows:
DSM Runway 5/23:
i. Runway 5 Approach (CAOSDSM): Underlying the innermost
2,500 feet of the AO zone at the southwest end of DSM Runway
5/23, the width of the CA zone is 1,000 feet at the inner edge and
expands uniformly to a width of 1,750 feet.
ii. Runway 23 Approach (CA23DSM): Underlying the innermost
1,700 feet of the AO zone at the northeast end of DSM Runway
5/23, 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. DSM Runway 13L/31R.,
Runway 13L Approach (CAI3LDSM): Underlying the innermost
2,500 feet of the AO zone at the northwest end of DSM Runway
13L/31 R, the width of the CA zone is 1,000 feet at the inner edge
and expands uniformly to a width of 1,750 feet.
ii.
Runway 31R Approach (CA3IRDSM): Underlying the innermost
2,500 feet of the AO zone at the southeast end of DSM Runway
13L/31 R, the width of the CA zone is 1,000 feet at the inner edge
and expands uniformly to a width of 1,750 feet.
3. DSM Runway 13R/31L:
Runway 13R Approach (Planned) (CAI3RDSM): Underlying the
innermost 2,500 feet of the AO zone at the northwest end of DSM
Runway 13R/31 L, the width of the CA zone is 1,000 feet at the
inner edge and expands uniformly to a width of 1,750 feet.
ii. Runway31LApproach (Planned) (CA3ILDSM): Underlying the
innermost 2,500 feet of the AO zone at the southeast end of DSM
Runway 13R/31 L, the width of the CA zone is 1,000 feet at the
inner edge and expands uniformly to a width of 1,750 feet.
b. Use Limitations:
No person shall establish or maintain any non -compatible use in any CA
controlled activity zone.
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2. No structures, other than airport structures the location of which is
dictated by function, either permanent or temporary, shall be permitted
in any CA controlled activity zone.
(3) HO Horizontal Overlay Zone - 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 each runway threshold, and connecting the adjacent arcs by lines tangent to those
arcs. The floor of the HO zone is 150 feet above the airport elevation.
a. The HO zone for the Des Moines International Airport has a floor elevation of
1,107 feet above mean sea level.
b. The HO zone for the Ankeny Regional Airport has a floor elevation of 1,060
feet above mean sea level.
C. 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 any HO horizontal
overlay zone created herein.
(4) TO Transitional Overlay Zone - 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 outward perpendicular to the centerline of the runway or runway
approach, the plane rises 1 foot vertically.
a. The TO zones for the Des Moines International Airport are as follows:
DSM Runway 5/23:
Runway 5/23 (TO5123DSM): Along each side of DSM Runway
5/23 extending outward and upward from base lines parallel to
and 500 feet horizontally distant from the center line of the
runway, which base lines extend beyond the thresholds at each
end of the runway a distance of 200 feet. The planes extend
outward and upward a horizontal distance of 5,000 feet from the
base lines.
ii. Runway 5 Approach (TOSDSM): along each side of the AO zone
at the southwest end of DSM Runway 5/23, extending outward
and upward from the base lines of such AO zone a horizontal
distance of 5,000 feet.
Runway 23 Approach (TO23DSM): along each side of the AO
zone at the northeast end of DSM Runway 5/23, extending
outward and upward from the base lines of such AO zone a
horizontal distance of 5,000 feet.
2. DSM Runway 13L/31R.,
Runway 13LI31R (TO13L/31RDSM): along each side of DSM
Runway 13L/31 R extending outward and upward from base lines
parallel to and 500 feet horizontally distant from the center line of
the runway, which base lines extend beyond the thresholds at
each end of the runway a distance of 200 feet. The planes extend
outward and upward a horizontal distance of 5,000 feet from the
base lines.
ii. Runway 13L Approach (TOI3LDSM): along each side of the AO
zone at the northwest end of DSM Runway 13L/31 R, extending
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outward and upward from the base lines of such AO zone a
horizontal distance of 5,000 feet.
Runway 31R Approach (T031RDSM): along each side of the AO
zone at the southeast end of DSM Runway 13L/31 R, extending
outward and upward from the base lines of such AO zone a
horizontal distance of 5,000 feet.
3. Runway 13R/31L:
Runway 13R/31L (TO13R/31LDSM): along each side of DSM
Runway 13R/31 L extending outward and upward from base lines
parallel to and 500 feet horizontally distant from the center line of
the runway, which base lines extend beyond the thresholds at
each end of the runway a distance of 200 feet. The planes extend
outward and upward a horizontal distance of 5,000 feet from the
base lines.
ii. Runway 13R Approach (TO13RDSM): along each side of the AO
zone at the northwest end of DSM Runway 13R/31 L, extending
outward and upward from the base lines of such AO zone a
horizontal distance of 5,000 feet.
Runway3lLApproach (TO31LDSM): along each side of the AO
zone at the southeast end of DSM Runway 13R/31 L, extending
outward and upward from the base lines of such AO zone a
horizontal distance of 5,000 feet.
b. The TO zone at the Ankeny Regional Airport is as follows:
IKV Runway 36 Approach (TO361KV): That portion of the following area which
overlays the City of Des Moines: Along each side of the AO zone at the south
end of IKV Runway 18/36, extending outward and upward from the base lines
of such AO zone a horizontal distance of 5,000 feet.
C. Height 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 TO
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 TO transitional overlay
zone by any portion of any vehicle that may operate upon such roadway.
(5) Conical Overlay (CO) Zone - Defined. The airspace above a sloped surface which
extends outward and upward from the bottom outside edge of the HO zone. For each
20 feet horizontally outward from the bottom outside edge of the HO zone, the floor of
the zone rises one foot vertically 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 any Conical Overlay
zone created herein.
(0.15,144)
Sec. 22-7. General regulations.
(a) The FAA regulations at 14 C.F.R. section 77.13 require that notice of proposed construction
or alteration be given to the FAA whenever certain construction or alteration activities occur.
(See definitions in section 22-3.) No person shall commence construction or alteration of any
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building or other structure for which a notice of proposed construction or alteration must be
given to the FAA unless: (i) such notice has been given in the form and manner provided by
14 C.F.R. Part 77; (ii) an acknowledgment of such notice is received from the FAA pursuant
to 14 C.F.R. section 77.19; (iii) a copy of the notice and acknowledgment has been provided
to the community development department; and, (iv) such acknowledgment identifies that the
proposed construction or alteration will not be a hazard to navigation.
(b) No person shall commence any construction or alteration which has been determined by the
FAA to exceed any standard in 14 C.F.R. Part 77, Subpart C, unless an exception has been
obtained from the board of adjustment pursuant to section 22-11.
(c) Except as otherwise provided herein, no person shall occupy any structure in or underlying
any zone created by this article without having first obtained certificate of occupancy permit
from the community development department. No occupancy permit obtained for a specific
use shall apply to any other use.
(d) No person shall be issued an occupancy permit for any non -compatible use in or underlying
any CA zone.
(e) No person shall establish or maintain any private roadway in any location that would result in
penetration of any zone created by this article by any portion of any vehicle that may be
operated upon such roadway.
M 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.
(9) Notwithstanding any other provision of this article, no person shall, in any zone created by
this article, or upon any land or water underlying such zones:
(1) 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.
(2) 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.
(3) Produce steam, smoke, or other visual hazard that would impair visibility.
(4) Create, alter, or maintain any structure or use that would endanger or interfere with
landing, takeoff or maneuvering of any aircraft.
(5) 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 by this article.
(h) In the event of any conflict between regulations contained in this article 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.
(0.15,144)
Sec. 22-8. Lighting and marking.
(a) Notwithstanding any other provision of this article, any person constructing or altering any
structure located in any zone created by this article 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 exception granted under the provisions of this article may be so conditioned so
as to require the owner of the land, structure, or tree in question to install, operate, and
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maintain such lighting and/or markings as the city deems necessary to indicate to operators
of aircraft the presence of an airport obstruction.
(0.15,144)
Sec. 22-9. Administrative procedures.
(a) The zoning enforcement officer shall administer this article in consultation with the aviation
director or the directors designee.
(b) No building permit shall be issued for the construction or alteration of any building or other
structure which does not conform with the limitations of section 225.
(c) No building permit shall be issued for the construction or alteration of any building or other
structure for which a notice of proposed construction or alteration must be given to the FAA
pursuant to 14 C.F.R. section 77.13, unless: (i) such notice has been given in the form and
manner provided by 14 C.F.R. Part 77; (ii) an acknowledgment of such notice is received
from the FAA pursuant to 14 C.F.R. section 77.19; (iii) a copy of the notice and
acknowledgment has been provided to the community development department; and, (iv)
such acknowledgment identifies that the proposed construction or alteration will not be a
hazard to navigation.
(d) No building permit shall be issued for any construction or alteration which has been
determined by the F.A.A. to exceed any standards in 14 C.F.R. Part 77, Subpart C, unless
an exception has been obtained from the board of adjustment pursuant to section 22-11.
(e) Notwithstanding anything to the contrary, no building permit shall be issued for the
construction or alteration of any building or other structure if the FAA finds or determines that
the proposed construction or alteration:
(1) Would create a hazard;
(2) Would endanger the general safety, health and welfare of persons in the vicinity of the
airport, or occupants of aircraft in flight; or,
(3) 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.
(0.15,144)
Sec. 22-10. Non -conforming structures and trees.
(a) Nonconforming structures and uses. If a lawful structure or use exists at the effective date of
the ordinance adopting or amending this article that would not be allowed underthe terms of
this article, the structure or use shall be allowed to remain and continue so long as it remains
otherwise lawful, subject to the following:
(1) Except when required by law, no such structure shall be enlarged, extended,
reconstructed, moved or structurally altered, unless the structure is changed to
conform with the requirements of this article.
(2) Any existing use of a building prohibited by this article may be extended throughout
any parts of the building which were manifestly arranged or designed for such use on
the effective date of the ordinance adopting or amending this chapter. No such use
shall be expanded to occupy any land outside such building.
(3) If an existing use is abandoned, the use of such property shall thereafter conform to
the uses permitted in the zone in which it is located. A use shall be deemed
abandoned if while such use has been discontinued the owner of the property makes
any change to the property inconsistent with the resumption of such use.
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(4) If an existing use is discontinued for more than one year for any reason whatsoever,
the use of such property shall thereafter conform to the uses permitted in the zone in
which it is located.
(5) Any existing structure prohibited by this article or devoted to a use prohibited by this
article, that is destroyed by any means to an extent of 60 percent or more of its
replacement cost at the time of destruction, exclusive of the foundations, shall not be
reconstructed and used as before such happening. If the structure be less than 60
percent destroyed above the foundation, it may be reconstructed and used as before,
provided it is done within six months of such happening and is built of like or similar
materials.
(b) Nonconforming trees. No pre-existing tree shall be allowed to grow higher, or be replanted
so as to constitute a greater airport hazard than it was at the time this article was adopted.
(0.15,144)
Sec. 22-11. Board of adjustment.
(a) The board of adjustment created by section 134-61 shall have the following powers in the
administration of this article:
(1) Appeals. Any person aggrieved by any decision of the zoning enforcement officer in
the enforcement of this article may appeal such decision to the board of adjustment in
the following manner:
a. Each appeal shall be taken within a reasonable time as provided by the rules of
the board. The zoning enforcement officer shall forthwith transmit to the board
all papers constituting the record upon which the action appealed from is taken.
b. An appeal stays all proceedings in furtherance of the action appealed from,
unless the zoning enforcement officer certifies to the board after notice of
appeal shall have been filed, that because of the facts stated in the certificate,
a stay would, in the opinion of the zoning enforcement officer, cause imminent
peril to life or property. In such case, proceedings shall not be stayed otherwise
than by a restraining order which may be granted by the district court.
C. The board shall fix a reasonable time for the hearing on the appeal, shall give
public notice thereof as well as due notice to the parties in interest, and shall
decide the appeal within a reasonable time. At the hearing any party may
appear in person or by agent or by attorney. Before an appeal is filed with the
board of adjustment, the appellant shall pay a fee to the city treasurer in the
amount specified by section 82-2 of this Code.
(2) Exceptions.
a. With FAA approval. The Board may grant exceptions to the height and use
restrictions of this article in favor of an applicant if the applicant has first
obtained a written order or determination from the FAA finding that the
proposed modification to the height or use limitations will not result in a hazard
to any aircraft in flight, and will not 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, provided the following conditions
are also satisfied:
1 The exception is reasonably necessary due to practical difficulties
related to the land in question and such practical difficulties cannot be
overcome by any feasible alternative means other than an exception;
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2. No use of land shall be permitted that would not be compatible with
airport operations;
3. Such exception shall be subject to any reasonable conditions that the
Board may deem necessary to effectuate the purposes of this article and
of Chapter 329 of the Iowa Code; and
4. Such exception shall be subject to the reservation of the right of the city
to order the owner of such structure 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 obstruction.
b. Without express FAA approval. The Board may grant exceptions to the
requirements of this article if the following conditions are satisfied:
1 A copy of the application has been submitted to the aviation director and
the aviation director has been given an opportunity to comment
regarding the aeronautical effects of such an exception. If the aviation
director fails to respond to the board within 45 days from receipt of the
copy of the application, the board may proceed with consideration of the
application without a response from the director.
2. The exception is reasonably necessary due to practical difficulties
related to the land in question and such practical difficulties cannot be
overcome by any feasible alternative means other than an exception.
3. No exception shall be granted which would result in a hazard to any
aircraft in flight or to persons or property on the ground, or would result
in the raising of the minimum instrument flight altitude of any federal
airway, or would otherwise be contrary to the public interest.
4. A exception may be granted only if the granting of the exception will do
substantial justice and be in accordance with the spirit of this article and
Chapter 329 of the Iowa Code.
5. Such exception shall be subject to any reasonable conditions that the
board may deem necessary to effectuate the purposes of this article and
of Chapter 329 of the Iowa Code.
6. Such exception shall be subject to the reservation of the right of the city
to order the owner of such structure 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 obstruction.
(b) Any person aggrieved or adversely affected by any decision of the board of adjustment may
appeal such decision pursuant to the provisions of the Iowa Code.
(0.15,144)
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Federal Aviation Administration
Air Traffic Airspace Branch, ASW -520
2601 Meacham Blvd.
Fort Worth, TX 76137-0520
Issued Date: 04/28/2010
Nicholas Laskovski
Alteris Renewables, Inc.
5197 Main St.
Suite 2A
Waitsfield, VT 05673
Aeronautical Study No.
2009-WTE-12254-OE
** DETERMINATION OF NO HAZARD TO AIR NAVIGATION **
The Federal Aviation Administration has conducted an aeronautical study under the provisions of 49 U.S.C.,
Section 44718 and if applicable Title 14 of the Code of Federal Regulations, part 77, concerning:
Structure:
Wind Turbine Directwind 900 - UNFI
Location:
Iowa City, IA
Latitude:
41-3 8-09.97N NAD 83
Longitude:
91-29-11.29W
Heights:
353 feet above ground level (AGL)
1025 feet above mean sea level (AMSL)
This aeronautical study revealed that the structure would have no substantial adverse effect on the safe
and efficient utilization of the navigable airspace by aircraft or on the operation of air navigation facilities.
Therefore, pursuant to the authority delegated to me, it is hereby determined that the structure would not be a
hazard to air navigation provided the following condition(s) is(are) met:
As a condition to this Determination, the structure is marked and/or lighted in accordance with FAA Advisory
circular 70/7460-1 K Change 2, Obstruction Marking and Lighting, white paint/synchronized red lights -
Chapters 4,12& 13(Turbines).
It is required that FAA Form 7460-2, Notice of Actual Construction or Alteration, be completed and returned to
this office any time the project is abandoned or:
At least 10 days prior to start of construction (7460-2, Part I)
X Within 5 days after the construction reaches its greatest height (7460-2, Part Il)
See attachment for additional condition(s) or information.
This determination expires on 04/28/2012 unless:
(a) extended, revised or terminated by the issuing office.
(b) the construction is subject to the licensing authority of the Federal Communications Commission
(FCC) and an application for a construction permit has been filed, as required by the FCC, within
6 months of the date of this determination. In such case, the determination expires on the date
prescribed by the FCC for completion of construction, or the date the FCC denies the application.
Page 1 of 5
NOTE: REQUEST FOR EXTENSION OF THE EFFECTIVE PERIOD OF THIS DETERMINATION
MUST BE POSTMARKED OR DELIVERED TO THIS OFFICE AT LEAST 15 DAYS PRIOR TO THE
IONJ, IMY I rel►ITE
This determination is subject to review if an interested party files a petition that is received by the FAA on or
before May 28, 2010. In the event a petition for review is filed, it must contain a full statement of the basis
upon which it is made and be submitted in triplicate to the Manager, Airspace and Rules Division - Room 423,
Federal Aviation Administration, 800 Independence Ave., Washington, D.C. 20591.
This determination becomes final on June 07, 2010 unless a petition is timely filed. In which case, this
determination will not become final pending disposition of the petition. Interested parties will be notified of the
grant of any review. For any questions regarding your petition, please contact Office of Airspace and Rules via
telephone -- 202-267-8783 - or facsimile 202-267-9328.
This determination is based, in part, on the foregoing description which includes specific coordinates, heights,
frequency(ies) and power. Any changes in coordinates, heights, and frequencies or use of greater power will
void this determination. Any future construction or alteration, including increase to heights, power, or the
addition of other transmitters, requires separate notice to the FAA.
This determination does include temporary construction equipment such as cranes, derricks, etc., which may be
used during actual construction of the structure. However, this equipment shall not exceed the overall heights as
indicated above. Equipment which has a height greater than the studied structure requires separate notice to the
FAA.
This determination concerns the effect of this structure on the safe and efficient use of navigable airspace
by aircraft and does not relieve the sponsor of compliance responsibilities relating to any law, ordinance, or
regulation of any Federal, State, or local government body.
This aeronautical study considered and analyzed the impact on existing and proposed arrival, departure, and
en route procedures for aircraft operating under both visual flight Hiles and instrument flight rules; the impact
on all existing and planned public -use airports, military airports and aeronautical facilities; and the cumulative
impact resulting from the studied structure when combined with the impact of other existing or proposed
structures. The study disclosed that the described structure would have no substantial adverse effect on air
navigation.
An account of the study findings, aeronautical objections received by the FAA during the study (if any), and the
basis for the FAA's decision in this matter can be found on the following page(s).
If we can be of further assistance, please contact Michael Blaich, at (404) 305-7081. On any future
correspondence concerning this matter, please refer to Aeronautical Study Number 2009-WTE-12254-OE.
Signature Control No: 668775-125274631
Sheri Edgett-Baron
Acting Manager, Obstruction Evaluation Service
Attachment(s)
Page 2 of 5
(DNH-WT)
Additional Information
Map(s)
Page 3 of 5
Additional information for ASN 2009-WTE-12254-OE
The proposed construction would be located approximately 2.75 nautical miles (NM) east of the Iowa City
Municipal Airport (IOW). It would exceed the Obstruction Standards of Title 14, Code of Federal Regulations
(14 CFR), Part 77 as follows:
Section 77.23(a)(2) by 153 feet - a height that exceeds 200 feet above ground level within 2.75 NM as applied
to IOW.
The proposal was not circularized for public comment because current FAA obstruction evaluation policy
exempts from circularization those proposals that exceed the above cited obstruction standard. This is provided
the proposal does not lie within an airport traffic pattern. This policy does not affect the public's right to
petition for review determinations regarding structures, which exceed the subject obstruction standards.
AERONAUTICAL STUDY FOR POSSIBLE INSTRUMENT FLIGHT RULES (IFR) EFFECT DISCLOSED
THE FOLLOWING:
> The proposed structure would have no effect on any existing or proposed IFR arrival/departure routes,
operations, or procedures.
> The proposed structure would have no effect on any existing or proposed IFR en route routes, operations, or
procedures.
> The proposed structure would have no effect on any existing or proposed IFR minimum flight altitudes.
AERONAUTICAL STUDY FOR POSSIBLE VISUAL FLIGHT RULES (VFR) EFFECT DISCLOSED THE
FOLLOWING:
> The proposed structure would have no effect on any existing or proposed VFR arrival or departure routes,
operations or procedures.
> The proposed structure would not conflict with airspace required to conduct normal VFR traffic pattern
operations at any known public use or military airports.
> The proposed structure would not penetrate those altitudes normally considered available to airmen for VFR
en route flight.
> The proposed structure will be appropriately obstruction marked and lighted to make it more conspicuous to
airmen flying in VFR weather conditions at night.
The cumulative impact of the proposed structure, when combined with other existing structures is not
considered significant. Study did not disclose any adverse effect on existing or proposed public -use or military
airports or navigational facilities. Nor would the proposal affect the capacity of any known existing or planned
public -use or military airport.
Therefore, it is determined that the proposed construction would not have a substantial adverse effect on the
safe and efficient utilization of the navigable airspace by aircraft or on any air navigation facility and would not
be a hazard to air navigation.
Page 4 of 5
Sectional Map for ASN 2009-WTE-12254-OE
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Page 5 of 5
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Mail Processing Center
/ f ^ Federal Aviation Administration
Southwest Regional Office
Obstruction Evaluation Group
2601 Meacham Boulevard
Fort Worth, TX 76193
Issued Date: 04/03/2014
John Monday (Yolanda Dixon)
ATT Mobility
2200 N. Greenville Ave, 1W
Richardson, TX 75082
** NOTICE OF
Aeronautical Study No.
2014 -ACE -529 -OE
The Federal Aviation Administration has conducted an aeronautical study under the provisions of 49 U.S.C.,
Section 44718 and if applicable Title 14 of the Code of Federal Regulations, part 77, concerning:
Structure: Antenna Tower - OSKALOOSA WEST
Location: Oskaloosa, IA
Latitude: 41-18-05.55N NAD 83
Longitude: 92-47-15.77W
Heights: 826 feet site elevation (SE)
315 feet above ground level (AGL)
1141 feet above mean sea level (AMSL)
Initial findings of this study indicate that the structure as described exceeds obstruction standards and/or would
have an adverse physical or electromagnetic interference effect upon navigable airspace or air navigation
facilities. Pending resolution of the issues described below, the structure is presumed to be a hazard to air
navigation.
If the structure were reduced in height so as not to exceed 224 feet above ground level (1050 feet above mean
sea level), it would not exceed obstruction standards and a favorable determination could subsequently be
issued.
To pursue a favorable determination at the originally submitted height, further study would be necessary.
Further study entails distribution to the public for comment, and may extend the study period up to 120 days.
The outcome cannot be predicted prior to public circularization.
If you would like the FAA to conduct further study, you must make the request within 60 days from the date of
issuance of this letter.
See Attachment for Additional information.
NOTE: PENDING RESOLUTION OF THE ISSUE(S) DESCRIBED ABOVE, THE STRUCTURE IS
PRESUMED TO BE A HAZARD TO AIR NAVIGATION. THIS LETTER DOES NOT AUTHORIZE
CONSTRUCTION OF THE STRUCTURE EVEN AT A REDUCED HEIGHT. ANY RESOLUTION OF THE
ISSUE(S) DESCRIBED ABOVE MUST BE COMMUNICATED TO THE FAA SO THAT A FAVORABLE
DETERMINATION CAN SUBSEQUENTLY BE ISSUED.
Page 1 of 4
IF MORE THAN 60 DAYS FROM THE DATE OF THIS LETTER HAS ELAPSED WITHOUT
ATTEMPTED RESOLUTION, IT WILL BE NECESSARY FOR YOU TO REACTIVATE THE STUDY BY
FILING ANEW FAA FORM 7460-1, NOTICE OF PROPOSED CONSTRUCTION OR ALTERATION.
If we can be of further assistance, please contact our office at (816) 329-2508. On any future correspondence
concerning this matter, please refer to Aeronautical Study Number 2014 -ACE -529 -OE.
Signature Control No: 207188385-212916852
Vee Stewart
Specialist
Attachment(s)
Additional Information
Page 2 of 4
(NPH)
Additional information for ASN 2014 -ACE -529 -OE
Abbreviations:
AGL, Above Ground Level
CAT, Category
CFR, Code of Federal Regulations
NM, Nautical Mile
RWY, Runway
TPA, Traffic Pattern Airspace
The proposed structure would be located approximately:
17,442 feet (2.87 NM) south of the Airport Reference Point for the PROPOSED South Central Regional Airport
(Site B) (3715), Oskaloosa, IA;
22,443 feet (3.69 NM) south of the Airport Reference Point for the PROPOSED South Central Regional Airport
(Site C) (3720), Oskaloosa, IA.
It is identified as exceeding the obstruction standards of 14 CFR, Part 77 as follows as applied to 3715:
Section 77.17(a)(2): A height that is 200 feet AGL, or above the established airport elevation, whichever is
higher, within 3 nautical miles of the established reference point of an airport, excluding heliports, with its
longest runway more than 3,200 feet in actual length, and that height increases in the proportion of 100 feet for
each additional nautical mile from the airport up to a maximum of 499 feet. Would exceed by 91 feet.
The proposal lies within the TPA climb and descent area for PROPOSED RWY 03/21 CAT D aircraft and
PROPOSED RWY 16/34 for CAT C/D aircraft. The proposal lies outside the TPA for PROPOSED RWY
03/21 for CAT A/B/C aircraft and PROPOSED RWY 16/34 for CAT A/B aircraft.
Note: Aircraft categories are based on approach speed, CAT A = less than 91 knots, CAT B = 91- 120 knots,
CAT C = 121-140 knots, CAT D = 141-165 knots.
It is identified as exceeding the obstruction standards of 14 CFR, Part 77 as follows as applied to 3720:
Section 77.17(a)(2): A height that is 200 feet AGL, or above the established airport elevation, whichever is
higher, within 3 nautical miles of the established reference point of an airport, excluding heliports, with its
longest runway more than 3,200 feet in actual length, and that height increases in the proportion of 100 feet for
each additional nautical mile from the airport up to a maximum of 499 feet. Would exceed by up to 34 feet.
The proposal lies within the TPA climb and descent area for PROPOSED RWY 03/21 and PROPOSED RWY
16/34 for CAT D aircraft. The proposal lies outside the TPA for PROPOSED RWY 03/21 and PROPOSED
RWY 16/34 for CAT A/B/C aircraft.
Page 3 of 4
Please advise Vee Stewart via e-mail (vee.stewart@faa.gov) of your intentions for this aeronautical study.
Page 4 of 4
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