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HomeMy WebLinkAbout09-06-2019 Airport Zoning CommissionAIRPORTZONING COMMISSION MEETING AGENDA AIRPORT TERMINAL BUILDING 1801 S. RIVERSIDE DRIVE IOWA CITY, IOWA FRIDAY, SEPTEMBER 6, 2019 -11:30 A.M. 1. Determine Quorum 2. Items for Discussion / Action: a. Approval of Minutes: August 14, 2019 b. Review of proposed code changes to Sections 14-6-1 to 14-6-19 (Airport Zoning Code) 90 min c. Consider a motion to recommend to City Council to adopt Airport Zoning Code changes 15 min 3. 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 if you will need disability -related accommodations in order to participate in this program/event, please contact Michael Tharp, Airport Operations Specialist, at 319-356-5045 or at michael- tharp@iowa-city. orq. Early requests are strongly encouraged to allow sufficient time to meet your access needs. Airport Zoning Commission August 14, 2019 Page 1 MINUTES IOWA CITY AIRPORT ZONING COMMISSION AUGUST 14, 2019 — 1:00 P.M. AIRPORT TERMINAL BUILDING Members Present: Mike Parker, Chris Ogren, Dennis Keitel Members Absent: Royceann Porter Staff Present: Michael Tharp, Sue Dulek Others Present: Randy Hartwig Draft RECOMMENDATIONS TO COUNCIL: (to become effective only after separate Council action): None CALL TO ORDER: Tharp called the meeting to order at 1:09 P.M. PUBLIC DISCUSSION: None. ITEMS FOR DISCUSSION/ACTION: a. Approval of Minutes: 05-21-19: Tharp asked to review the minutes from the meeting in May. Tharp noted that there was a draft version in the packet. Ogren moved, seconded by Parker approval of the minutes. Motion passed 3-0 (Porter absent). b. Chair Application Review & Selection:Tharp stated that they did seek applications for the role of Chairperson. Tharp described the process for members and introduced Randy Hartwig who he noted was the only applicant for the role. Tharp recommended the Commission appoint Hartwig as chair. Parker moved, seconded by Ogren to appoint Hartwig to serve as Chairperson. Motion carried 3-0 (Porter absent). ADJOURN: Ogren motioned to adjourn, seconded by Keitel. Motion Carried 3-0(Porter absent); Meeting adjourned at 1:20 P.M. CHAIRPERSON DATE Airport Zoning Commission August 14, 2019 Page 2 Airport Zoning Commission ATTENDANCE RECORD 2019 TERM N m NAME EXP. N� ' Dennis Keitel 12/31/2023 O X Christine Ogren 12/31/2021 X X Mike Parker 12/31/2022 X X Royceann Porter 12/31/2020 X O Key: X = Present X/E = Present for Part of Meeting O = Absent O/E = Absent/Excused NM = Not a Member at this time Chapter 6 Airport Zoning 14-6-1: SHORT TITLE: It 0 This chapter shall be known and maybe cited as the IOWA CITY MUNICIPAL AIRPORT ZONING ORDINANCE or the AIRPORT ZONING ORDINANCE. (Ord. 02-4055, 12-10-2002) 14-6-2: PURPOSE:lt "- The purpose of this chapter shall be to: A. Exercise, to the fullest extent possible, the powers granted to municipalities under the code of Iowa, as amended, and to codify existing regulations of the federal aviation administration relating to land uses incompatible with or constituting a hazard to aviation at the Iowa City municipal airport. B. Promote the public health, safety, order, convenience, prosperity and general welfare through the prevention of obstructions and noncompatible land uses, to the extent legally possible, by proper exercise of the police power, without compensation. C. Achieve the mitigation of noncompatible uses and hazards to safe air navigation through prevention, removal, or alteration, through the marking and lighting of obstructions, which are public purposes forwhich the city of Iowa City and Johnson County may raise and expend public funds, or through the acquisition of land or interests in land; to that end, the city council of Iowa City and the board of supervisors of Johnson County hereby declare that: 1. A hazard created by failure to comply with the provisions of this chapter may be abated in the manner prescribed by law forthe abatement of public nuisances; and 2. Neither political subdivision shall become liable forthe expenditure of its public funds unless such expenditure shall have been approved in advance by its governing body. (Ord. 02- 4055, 12-10-2002) 14-6-3: DEFINITIONS: 0 For the purposes of this chapter, 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: Six hundred eighty fourfeet (684') (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 chapter. AIRPORT ZONING MAP: The Iowa City municipal airport zoning maps, dated ""aFGh 25 2002January 15, 2019, and as thereafter amended by ordinance, which maps isare adopted by this chapter and which maps isare 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 subsection 14-6-19A, "Appendix I", of this chapter. 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 maps, dated MaFGh', e e -'^^�2,"anuary 15, 2019, and as thereafter amended by ordinance, which maps isare adopted by this chapter and which maps isare on file in the office of the city clerk, Iowa City, Iowa. MSL: Altitude above mean sea level NONCOMPATIBLE 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, aboveground storage of flammable liquids in excess of six hundred sixty (660) gallons, and those that lead to an assembly of people, including, but not limited to, residences, theaters, churches, schools, athletic fields, campgrounds, hospitals, office buildings, shopping centers, hotels and motels, and other uses with similar concentrations of persons. NONCONFORMING STRUCTURE: Any structure or portion of any structure that is located within or underlying any of the zones created by this chapter and that does not conform to the height and/or use provisions of this chapter. NOTICE OF PROPOSED CONSTRUCTION OR ALTERATION: A requirement of 14 CFR chapter 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 subsection 14-6-19C, "Appendix III", of this chapter. OBSTRUCTION: Any structure ortree, the height of which exceeds that which is allowed by this chapter. 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. 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. (Ord. 02-4055, 12-10-2002) 14-6-4: AIRPORT ZONES: It 0 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 maps, dated ""^F^ 5,2002January 15, 2019, 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: A. Approach Overlay Zone (AO) Defined: The airspace above a sloping plane extending outward from each end of each runway, rising uniformly at a fixed ratio, and of fixed size, through which aircraft commonly operate when arriving at, and departing from, the airport. AO zones vary in size and slope based upon the present or future use that can be expected for each airport runway. 1. AO Zones Designated: The AO zones at the airport are as follows: a. Runway 25 (A025): Beginning two hundred feet (200') beyond the runway threshold to the northeast, and centered on the extended centerline of the runway, the inner edge of the zone is ^^^ fog^^'five hundred feet (a4W00 00') wide, expanding uniformly to an outer edge width of &i tee 4three thousand five hundred feet (46-,9993 500'). 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 maps. For each #iffy -thirty-four feet (5034') of horizontal distance, the floor of the zone rises from the inner edge one foot (1') (5340:1) for a horizontal distance of ten thousand feet (10,000%, feet (40') of he. izent.l dist.RG8 , AR feet (1') (40:1) fee . Additi. RAI di;taRG8 of fe Fty th R'-;ARd feet (40 000') b. Runway 7 (A07): Beginning four hundred thirteen^^^ tom^Rd feet (4,00041T) 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 five hundred^^^ tom^Rd feet (4-,WQ0 09) wide, expanding uniformly to an outer edge width of one thousand five hundred feet (1,500'). 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 maps. For each twenty feet (20') of horizontal distance, the floor of the zone rises from the inner edge one foot (1') (20:1), continuing for a total horizontal distance of five thousand feet (5,000'). c. Runway 30 (AO30): Beginning two hundred feet (200') 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 five hundred feet (500') wide, expanding uniformly to an outer edge width of three thousand five hundred feet (3,500'). 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 maps. For each thirty four feet (34') of horizontal distance, the floor of the zone rises from the inner edge one foot (1') (34:1), for a total horizontal distance of ten thousand feet (10,000'). d. Runway 12 (AO12): Beginning two hundred feet (200') beyond the threshold to the northwest, payed P040O^ at the ORGI of thO y and centered on the extended centerline of the runway, the inner edge of the zone is five hundred feet (500') wide, expanding uniformly to an outer edge width of one thousand five hundred feet (1,500'). 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 maps. For each twenty feet (20') of horizontal distance, the floor of the zone rises from the inner edge one foot (1') (20:1), continuing for a total horizontal distance of five thousand feet (5,000'). 2. Height Limitations: a. Except as otherwise provided herein, no person shall construct or alter any structure, nor plant or grow any tree, so as to penetrate any approach overlay zone created herein. b. No person shall establish or maintain any private roadway in any location that would result in penetration of any AO zone by any portion of any vehicle that shall be permitted to operate upon such roadway. B. Controlled Activity Runway Protection Zone (CA-RPZ) Defined: An area of fixed size, underlying the innermost portion (closest to the runway end) of the AO zone forthat runway, descending from the floor of the AO zone to the ground. The width and length of CA-RPZ ze es may vary, and may be different on each runway end. 1. CA-RPZ ZeaesDesignated: The CA-RPZ ze es-forthe airport are as follows: a. Runway 25 (CA-RPZ25): Underlying the innermost one thousand 6^�•�.en-�uR4Fed feet (1,7-000') of the AO zone at the northeast end of the runway, the width of the CA-RPZ zene is five hundred ene the usand feet (4,-GQQ500') at the inner edge and expands uniformly to a width of seven hundred ^ P thOU^^^G' °^•^ hundred ten feet (4,54-4700'). b. Runway 7 (CA-RPZ7): Underlying the innermost one thousand 6^�•�.e. —n ^4feet (1,7-000') of the AO zone at the southwest end of the runway, the width of the CA-RPZ ,�eae is five hundred feet (500') at the inner edge and expands uniformly to a width of ^ thOl-W^^ "^^seven hundred feet (4444700'). c. Runway 30 (CA-RPZ30): Underlying the innermost one thousand feet (1,000') of the AO zone at the southeast end of the runway, the width of the CA-RPZ zene is five hundred feet (500') at the inner edge, expanding uniformly to a width of seven hundred feet (700'). d. Runway 12 (CA-RPZ12): Underlying the innermost one thousand feet (1,000') of the AO zone at the northwest end of the runway, the width of the CA-RPZ 'zeae is five hundred feet (500') at the inner edge, expanding uniformly to a width of seven hundred feet (700'). 2. Use Limitations: a. No person shall establish or maintain any noncompatible use in any controlled activity_ Runway Protection Zone 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 -Runway Protection Zone zone on land that is the property of the city of Iowa City, Johnson County, or the state of Iowa. C. Horizontal Overlay Zone (HO) Defined: The airspace above a horizontal plane, the perimeter of which is established by swinging arcs of ten thousand foot (10,000') radii from the center of the inner edge of the AO zones of runways 25 and; 30,aad 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; and 7, a °, 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 constructor alter any structure, or plant or grow any tree, so as to penetrate the horizontal overlay zone created herein. (Ord. 02- 4055, 12-10-2002) 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 CFR part 77 zone; and c. The proposed structure does not require a change to instrument approaches, minimum safe altitude, traffic patterns altitude, takeoff/departure procedures or weather minimums or a change similar in nature either to the approach or departure of an aircraft. (Ord. 14- 4589, 6-17-2014) D. Transitional Overlay Zone (TO) Defined: The airspace above a sloping plane along each side of each runway, and from the sides of each AO zone. For each seven feet (7') horizontally the floor of the zone rises at the rate of one foot (1') of elevation (7:1). 1. TO Zones Designated: The TO zones forthe airport are as follows: a. Runway 25 (TO25): Along each side of the runway, beginning at a point f^•^.�^' ^'two hundred fifty feet (500'250') from the centerline of the runway and at right angles to the runway centerline, and from each side of the AO zone at the northeast end of the runway, at right angles to the extended runway centerline. The TO zone is interrupted at the point where it intersects the HO zone„ and Fesumes at the eut8F edge of the CC) , (IiStARSP of five fL.eusa^a feet (5 000') fFe FR the eU t8F edge of the AG z b. Runway 7 (TO7): Along each side of the runway, beginning at a point 4••4two hundred fifty feet (504250') from the centerline of the runway and at right angles to the runway centerline, and from each side of the AO zone at the northwest end of the runway, at right angles to the extended runway centerline. The TO zone ends at the point where it intersects the HO zone. c. Runway 30/12 (TO30/12): Along each side of the runway, beginning at a point two hundred fifty feet (250') from the centerline of the runway and at right angles to the runway centerline, and from each side of the AO zone at each end of the runway at right angles to the extended runway centerline. The TO zone ends at the point where it intersects the HO zone. 2. 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: 1. The airspace above a sloped horizontal plane beginning at the periphery of the HO zone. For each twenty feet (20') horizontally, the floor of the zone rises one foot (1') in height (20:1) for a horizontal distance of four thousand feet (4,000'). 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 conical overlay zone created herein. (Ord. 02-4055, 12-10-2002) 14-6-5: GENERAL ZONING REGULATIONS:'t 0 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-RPZ, or TO zone, without a determination or finding from the FAA, pursuant to the submission of an applicable notice of proposed construction or alteration. Such finding or determination must not find or determine that the proposed construction or alteration: 1. Would create a hazard. 2. Would endanger the general safety, health and welfare of persons in the vicinity of the airport, or occupants of aircraft in flight. 3. Would result in the raising of the minimum instrument flight altitude of any federal airway, approved off -airway route, or instrument approach procedure to the airport. B. Except as otherwise provided herein, no change in the use or occupancy of land, or change of use or occupancy in an existing building or in any zone created herein shall be made, nor shall any new building be occupied until an occupancy permit has been issued by the building official or zoning administrator. C. 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 noncompatible use in any CA-RPZ-zeae. E. 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. F. Within five thousand feet (5,000') 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. G. Notwithstanding any other provision of this chapter, no person shall, in any zone created by this chapter, or upon any land or water underlying such zones: 1. Establish any putrescible waste landfill. 2. Create, alter, or maintain any structure or use in such a manner as to create electrical or radio interference with aviation navigational signals or aircraft communications. 3. Install, align or use any lighting devices that make it difficult for pilots to distinguish between airport lights and others, create glare in the eyes of pilots, or otherwise impair visibility. 4. Produce steam, smoke, or othervisual hazard that would impair visibility. 5. Create, alter, or maintain any structure or use that would endanger or interfere with landing, takeoff or maneuvering of any aircraft. 6. Plant, or allow the growth of, any tree, which, during the normal life cycle of such tree, can be expected to grow into any zone created herein. (Ord. 02-4055, 12-10-2002) 14-6-6: LIGHTING AND MARKING:'t 0 A. Notwithstanding any other provision of this chapter, any person constructing or altering any structure located in any zone created by this chapter 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 orvariance granted under the provisions of this chapter may be so conditioned so as to require the owner of the land, structure, or tree in question to permit the city or county to install, and/or operate and maintain such lighting and/or markings as the city or county deems necessary to indicate to operators of aircraft the presence of an airport obstruction. (Ord. 02- 4055, 12-10-2002) 14-6-7: ADMINISTRATIVE PROCEDURE:lt "- A. The building official orzoning administrator shall perform the administration of these zoning regulations. B. Any person who proposes to construct or alter any structure in or underlying any AO, CA-RPZ, or TO zone created herein, and who is required to provide notice of proposed construction or alteration to the administrator of the FAA by requirements of part 77, shall furnish to the building official or zoning administrator, a copy of said notice. C. Except as otherwise provided herein, the building official or zoning administrator shall not issue any building permit or occupancy permit without first: 1. In any AO, CA-RPZ, 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 14-6-4 of this chapter. 2. Having determined that the proposed use is consistent with the zoning provisions contained herein. (Ord. 02-4055, 12-10-2002) 14-6-8: EXCEPTION&C 0 A. No notice of proposed construction or alteration is required to be submitted to the FAA orto the building official orzoning administrator for a building permit for construction or alteration of any structure when 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-RPZ-zeae. 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 five hundred feet (500') 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 twenty feet (20') 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. B. ANe notice of proposed construction or alteration is not required for structures more than the PFePeS8d StFUGf -F^ •'^^^ ^^f I0^ Vi twenty thousand feet (20,000') of the nearest point of the nearest runway. A notice of Alteration is not required for a structure that does not penetrate an imaginary surface, beginning at the nearest point of the nearest runway and at the elevation of the runway threshold. rising , neaFest p nt of then 86t FUnway Rd At the L..,..ti.... of the F y thF86hel I FiGing one foot (1') in elevation for each one hundred feet (100') of horizontal distance (100:1). This exception does not apply to structures located in any CA-RPZ-zeae. C. 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)z. (Ord. 02-4055, 12-10-2002) 14-6-9: NONCONFORMITIES:'t 0 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 nonconforming by the adoption of this chapter. 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 hereof, and which was conforming prior to the adoption of this chapter, and is completed within one year thereafter. C. No preexisting nonconforming 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 nonconforming structure has been abandoned, tom down, physically deteriorated, damaged, or decayed, to such an extent that its value is no greater than fifty percent (50%) of the average value of the structure and the land over the preceding ten (10) years, no building permit or occupancy permit shall be issued that would allow such structure to exceed the applicable height and use provisions of this chapter. Any tree so damaged or destroyed shall be subject to the provisions of subsection 1414=6- SG6 of this chapter. E. Not -withstanding the previous provisions of this section the owner of any preexisting nonconforming 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. (Ord. 02- 4055, 12-10-2002) 14-6-10: AIRPORT ZONING COMMISSION: 0 Pursuant to the provisions of section 329.9 of the Iowa Code, there shall be an 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 who 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. (Ord. 02-4055, 12-10-2002) 14-6-11: AIRPORT ZONING BOARD OF ADJUSTMENT:'t Il 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 who shall be appointed by the board of supervisors of Johnson County, and one additional member who 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. (Ord. 02-4055, 12-10- 2002) 14-6-12: SPECIAL EXCEPTIONS: 0 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 chapter in favor of an applicant, providing: A. Any height or use limitations contained in this chapter that is modified by the board shall not result in a hazard to any aircraft in flight. B. No use of land shall be permitted that would not be compatible with airport operations. C. Any application fora special exception to the provisions of this chapter 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. (Ord. 02-4055, 12-10-2002) 14-6-13: VARIANCES: It M 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 chapter, 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 chapter unless a copy of the application has been submitted to the airport commission fortheir 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 chapter 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 chapter and of chapter 329 of the Iowa Code. 4. Such variance be subject to the requirement that the applicant shall install, operate, and maintain such markings and lighting, at the applicant's own expense, as may be necessary to indicate to aircraft operators the existence of an airport obstruction as determined by the board. 5. Such variance shall be subject to the reservation of the right of the city and the airport, to go onto applicant's property to install, operate, and maintain thereon such FAA approved markers and lights as may be necessary to indicate to operators of aircraft the existence of an airport obstruction. B. Any person aggrieved or affected by any decision of the airport zoning board of adjustment may appeal such decision, pursuant to the provisions of the Iowa Code. (Ord. 02-4055, 12-10-2002) 14-6-14: ENFORCEMENT:lt 0 Enforcement of the provisions of this chapter shall be the responsibility of the city manager or such persons as the city manager shall, from time to time, direct. However such duties of enforcement and administration shall not include any of the powers herein delegated to the airport zoning board of adjustment. (Ord. 02-4055, 12-10-2002) 14-6-15: EQUITABLE REMEDIES:lt 0 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 chapter, on any property, whetherwithin or without the territorial limits of the city. (Ord. 02-4055, 12-10-2002) 14-6-16: PROHIBITED ACTS:C "- 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 chapter. (Ord. 02-4055, 12-10-2002) 14-6-17: PENALTIES: It 0 Each violation of this chapter shall constitute a simple misdemeanor or a municipal infraction as provided for in Title 1, Chapter of this Code. Each day a violation occurs or continues to exist shall constitute a separate offense. E-^^h vinlatiOR of these . „I^t,^^^ shall ^ . RWI-It^ ^ i^,,^...^^..^. ARd della Fs ($500 00) eF by iFR 8Rt OR the G Rty i^il feF Ret FR 8 than thi.ty /QM days . beth Each day a vielatiAR 09911PS OF ^..FRUPI; to i^t ^hall .. nstotute a separate .ff. RSP (Ord. 02-4055, 12-10-2002) 14-6-18: CONFLICTING REGULATIONS:6t 0 In the event of any conflict between regulations contained in this chapter and any other regulations applicable to the same area, whether the conflict be with respect to height of structures ortrees, use of structures or land, or any other matter, the more stringent limitation or requirement shall prevail. (Ord. 02-4055, 12-10-2002) 14-6-19: APPENDICES:lt 0 A. 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 B. 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 C. Appendix III: Code of Federal Regulations Title 14 Aeronautics and Space Chapter 1-Federal Aviation Administration, Department of Transportation, Subchapter E-Airspace Part 77 Objects A#494Rg Navigable afe, Efficient Use, and Preservation of the Navigable Airspace, Subpart B-Notice Of G^^St^19ti^^ ^R A "^F^ti^^Requirements (Current through December 3, 2002; 67 FIR 71903): §77.4-7 Form and time of notice (a) If you are required to file notice E^^h peFsen wh^ i FequiFed t^ ^^tify 4he AdMi..ist.^t^. under §77.449, you must submit to the FAA a completed sepies}ef FAA Form 7460-1, Notice of Proposed Construction or Alteration_, t^ 4he Ma.^a g8F ni. T.a #iG Diyisi.... , CAA Regi na.l OffL.a. having i Fi Gdi.dieR n a. F the .dthi.....h L.h the OF ...-f.a.fia... AltP tia......ill he I......t...l Gepies at FAA Form 7460-1 is available at FAA regional offices and on the Internet. Fnay be ^ht^ined f'^^' 4he I'a^^`IquaFt^.^ ^f the ra.dp F;iI (b) The ^^ti,.^ . Fed , ..aL..§77 13(a)(1) thFeugh (4) must ha subn4; to You must submit this form at least 3045 days before the start date of the proposed construction or alteration or the date an application for construction permit is filed, whichever is earliest. Padi^p ^f the f^II^••,;^ dates. (c) If you propose construction or alternation that is also submit to the licensing requirements of the Federal Communications Commission (FCC), you must submit notice to the FAA on or before the date that the application is filed with the FCC. (d) If you propose construction or alteration A PFBPBGBd GtFHGtHF8 GF aR alteFatieH o an existing structure that exceeds 2,000 feet in height above the -ground level (AGL). the FAA will be presumesd it to be a hazard to air navigation that aad to results in an inefficient useafilio-afiea of airspace. You must include details explaining both why the proposal would not constitute a hazard to air navigation and why it would not cause an inefficient use of airspace. aad the ..IL.a..t has the b'-'Fd......f ^.,^.^^...i^^ that p mpti^^ 1EAGh ^^ti^^ I IRGIPF the a.hine t pFevisiens at this Da..f 77 pFepesing a S4.UatUF8 OR at 2,000 feet a.hey8 ^ ^a OF AR AltPMtOOR that V.411 make aR PXO';tmRg StFUGtUF8 8)(G88d that height, FRUst GORtAiR a detailed (de) The 45-day advance notice requirement is waived if immediate construction or alternation is required because I„Tthp rnspof an emergency involving essential public services, public health, or public safety. You may provide notice to the FAA by any available, expeditious means. You must file a completed ..h (b) at this 689ti^^ a^^6 ..at apply and the Retia.a. Fnay be set by teiephene tele ..aph eF eth8.8..198ditieUG FneaRs, with a uted FAA Form 7460-1 6ubn4 f^dwithin 5 days of the initial notice to the FAA. #wwaa#aFOutside normal business hours, the nearest flight service station will accept -emergency notices_ by t8l8pheR8 eFtelegFaph Fnay be suhmi#ed t^ AlteFatieR�d (QFd 02 4055 17 10 2002) Footnote 1: See title 13 of the city code for airport regulations. Footnote 2: See subsection 14-6-19C, "Appendix III", of this chapter. J64 Airport Zoning Map Overview Map Ao �� Iowa City, Iowa SEH Date Adopted: January 15th 2019 .TIEPIN - I' CLEAR ^� CREEK P. _ ........ .................................. � Legend City Boundary A Township Boundary Existing Airport Property Approach Overlay Zone (AO) Controlled Activity - Runway Protection Zone (CA-RPZ) JHorizontal Overlay Zone (HO) Conical Overlay Zone (CO) Transitional Overlay Zone (TO) Feet 0 2,000 4,000 8,000 Source: SEH Inc, ESRI Imagery PTWP 1 CORALVILLE� on 17 Im, 0 201 Slope 3q�Sr- ± \ 0A0 WEST 1 LUC S TWP- Sin 1 i .............�..- ... - - - - - __..................Nw 20:1 Slope HO Elev. = 834' IO WA CITY � 6 r i EAST LUCAS EAST TwP I LUCAS TWP i Figure 1 of 5 tAHP TWP n 1.1 ,I% SCOTT TWP .............................. � LI COl j j Airport Zoning Map Runway 7 I �� Iowa City, Iowa SEH Date Adopted: January 15th 2019 a O M w / 40 I� r- ''r>asr WEST y i LUGA iWP 'fig A c 413' Figure 2 of 5 - Future Runway End Elev. = 683.6' 41° 38' 16.91" N 91° 33' 30.6fi" W y Legend N r City Boundary Existing Airport Property Approach Overlay Zone (AO) Controlled Activity - Runway Protection Zone (CA-RPZ) Transitional Overlay Zone (TO) w T�. ... • � Fee 0 zoo 400 1100 Sourm_ SEH Inc, ESRI Imagery MR 4MEWL-MA r r r, w �.- ab ' L -♦r� -fib ..}� � �.' 1 )10• •� � 1 � � � 'ter. - ,a.� w � �!\ . ♦ "� . .y � �; a.. `. .. /fit._ �+1�`i�. �t �� • .i ' - '�i ,I�, -�'.♦. _ �' Fr; ' •,��_ :� r`; l .� ,\' ` ` 1. a •r mo (' ~ • '` , • ). w - I Existing4.1 Airportr Property •� t •' � . Approach Overlay -81i � `. .. �r r 1 Zone (AO) ILA Runway Protection Zone (CA-RPZ) C Transitional Overlay 'ON" Zone (TO) Feet mold 6=mmmmm� 'k ,�,I • w s•�: +R'O�l: � t - J t '� .. M'•�i-r:• � 1� `i , `!-• '�hl♦ � :Yi 1' ': � f J/ Airport Zoning Map Runway 30 �� Iowa City, Iowa SEH Date Adopted: January 15th 2019 Figure 5 of 5 • }0 �A _ a / �4 \` 10000, \ 1000, IOWA \ \ 200 ' o o o• N •IOWA Future Runway 30 - / CITY End \ Elev. = 648.6' r 91° 3224.30" W 1 \ _ Legend \ \ r City Boundary P 1 \ AIIIIIIII&WE" \ Township Boundary Existing Airport I • Property ,� I \ EAST \, Approach Overlay f' / LTWP \ Zone (AO) Controlled Activity - Runway Protection Zone (CA-RPZ) Transitional Overlay Zone (TO) ` rA / Feet .r ., / �"'....�•„ 0 7500 .�'. �{f�' A 1 / LUCAS ,•,' \ \ / : WEST LUCAS TWP ,,`�\ Source: SEH Me, ESRllmagery , \ I V UCA _ / EAST ' \i '��` LUCAS TWP