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Nothing contained in any of the foregoing exceptions shall be construed as permitting or intending to permit any construction or alteration of any structure, or growth of any tree in excess of any of the height limits established by this chapter.
1. Existing Use. No permit shall be granted that would allow the establishment or creation of an obstruction or permit a nonconforming use, structure, or tree to become a greater hazard to air navigation, than it was on the effective date of this chapter or any amendment thereto or than it is when the application for a permit is made.
2. Nonconforming Uses Abandoned or Destroyed. Whenever the Community Development Director determines that a nonconforming structure is abandoned for one year or destroyed, by any means, to the extent of more than sixty percent of the replacement cost, such structure shall not be rebuilt, restored, or reoccupied for any purpose unless it shall thereafter conform to all regulations of this chapter.
3. Variances. Any person desiring to erect or increase the height of any structure, or permit the growth of any tree, or use property not in accordance with the regulations prescribed in this chapter, may apply to the Airport Board Of Adjustment for a variance from such regulations. The application for variance shall be accompanied by a determination from the Federal Aviation Administration as to the affect of the proposal on the operation of air navigation facilities and the safe, efficient use of navigable airspace. Such variances shall be allowed where it is duly found that a literal application or enforcement of the regulations will result in practical difficulty or unnecessary hardship, and relief granted will not be contrary to the public interest, will not create a hazard to air navigation, will do substantial justice, and will be in accordance with the spirit of this chapter. Additionally, no application for variance to the requirements of this chapter may be considered by the Board of Adjustment unless a copy of the application has been furnished to the Airport Manager for advice as to the aeronautical effects of the variance. If the Airport Manager does not respond to the application by the meeting, the Airport Board of Adjustment may act on its own to grant or deny said application.
4. Obstruction Marking and Lighting. Any variance granted may, if such action is deemed advisable to effectuate the purpose of this chapter and is reasonable in the circumstances, be so conditioned as to require the owner of the structure or tree in question to install, operate and maintain, at the owner’s expense, such markings and lights as may be necessary. If deemed proper by the Airport Board of Adjustment, this condition may be modified to require the owner to permit the Polk County Aviation Authority, at its own expense, to install, operate and maintain the necessary markings and lights.
It is the duty of the Ankeny Community Development Department Officer to administer and enforce the regulations prescribed herein within the City limits. Applications for variances shall be made to the Community Development Director upon a form established for that purpose. Application for action by the Airport Board of Adjustment shall be forthwith transmitted by the Community Development Director.
1. There is created an Airport Board of Adjustment to have and exercise the following powers: (i) to hear and decide appeals from any order, requirement, decision, or determination made by the Ankeny Community Development Department office in the enforcement of this chapter; and (ii) to hear and decide specific variances.
2. The Board of Adjustment shall consist of members appointed by the City and County as provided in Section 329.12, Code of Iowa. Members shall be removable by the appointing authority for cause, upon written charges, after a public hearing.
3. The Airport Board of Adjustment shall adopt rules for its governance and in harmony with the provisions of this chapter. Meetings of the Airport Board of Adjustment shall be held at the call of the Chairperson and at such other times as the Airport Board of Adjustment may determine. The Chairperson or, in the absence of the Chairperson, the acting chairperson, may administer oaths and compel the attendance of witnesses. All hearings of the Airport Board of Adjustment shall be public. The Airport Board of Adjustment 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 actions, all of which shall immediately be filed in the Polk County Public Works Department and the Ankeny Community Development Department office.
4. The Airport Board of Adjustment shall make written findings of fact and conclusions of law giving the facts upon which it acted and its legal conclusions from such facts in reversing, affirming, or modifying any order, requirement, decisions or determination which comes before it under the provisions of this chapter.
5. The concurring vote of a majority of the members of the Airport Board of Adjustment shall be sufficient to reverse any order, requirement, decision or determination of the Ankeny Community Development Department office or decide in favor of the applicant on any matter upon which it is required to pass under this chapter, to effect variation to this chapter.
1. Any person aggrieved, or any taxpayer affected by any decision of the Ankeny Community Development Department office made in the administration of this chapter, may appeal to the Airport Board of Adjustment.
2. All appeals hereunder must be taken within a reasonable time as provided by the rules of the airport Board of Adjustment, by filing with the Ankeny Community Development Department office a notice of appeal specifying the grounds therefor. The Director of Public Works or the Ankeny Community Development Department office shall forthwith transmit to the Airport Board of Adjustment all the papers constituting the record upon which the action appealed from was taken.
3. An appeal shall stay all proceedings in furtherance of the action appealed from unless the Ankeny Community Development Department office certifies to the Airport Board of Adjustment, after the notice of appeal has been filed with it, that by reason of the facts stated in the certificate a stay would cause imminent peril to life or property. In such case, proceedings shall not be stayed except by order of the Airport Board of Adjustment.
4. The Airport Board of Adjustment shall fix a reasonable time for hearing appeals, give public notice and due notice to the parties-in-interest, and decide the same within a reasonable time. Upon the hearing, any party may appear in person or by agent or by attorney.
5. The Airport Board of Adjustment may, in conformity with the provisions of this chapter, reverse or affirm, in whole or in part, or modify the order, requirement, decision, or determination appealed from and may make such order, requirement, decision, or determination as may be appropriate under the circumstances.
Each day a violation of any provision of this chapter continues to exist shall constitute a separate offense and shall additionally constitute a municipal infraction punishable as set out in this code. Seeking a civil penalty does not preclude the City or County from seeking alternative relief including an order for abatement or injunctive relief in the same or separate action.
In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted or maintained, or any building, structure or land is used in violation of this chapter, the City, in addition to other remedies shall institute any proper action or proceedings in the name of the city to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use; to restrain, correct or abate such violation; to prevent the occupancy of such building, structure or lane; or to prevent any illegal act, conduct, business or use in or about such premises.
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