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Notwithstanding any other provisions of 171.02, no use may be made of land or water within the City or County in such a manner as to interfere with the operation of any airborne aircraft. The following special requirements shall apply to each permitted use:
1. Lighting. All lights or illumination used in conjunction with streets, parking, signs or use of land and structures shall be arranged and operated in such a manner that it is not misleading or dangerous to aircraft operating from the Municipal Airport or in the vicinity thereof.
2. Visual Hazards. No operation from any use shall produce smoke, glare, or other visual hazards within three statute miles of any usable runway of the Municipal Airport.
3. Electronic Interference. No operation from any use in the City or County shall produce electronic interference with navigation signals or radio communication between the airport and aircraft.
Notwithstanding the provisions of 171.03, the owner of any structure over two hundred (200) feet above ground level must install on the structure lighting in accordance with Federal Aviation Administration (FAA), Advisory Circular 70-7460-1D and amendments. Additionally, any structure constructed after the effective date of this chapter† 8 (August 14, 1978) and exceeding 949 feet above ground level, must install on that structure high intensity white obstruction lights in accordance with Chapter 6 of FAA Advisory Circular 7460-1D and amendments. Any permit or variance granted may be so conditioned as to require the owner of the structure or growth in question to permit the City or County at its own expense to install, operate, and maintain thereto such markers or lights as may be necessary to indicate to pilots the presence of an airspace hazard.
Notes
| 8 | † EDITOR’S NOTE: Ordinance No. 7810, codified herein, was adopted by the Council August 14, 1978, and by the County Board of Supervisors March 6, 1978. |
Any person desiring to erect or increase the height of any structure, or to permit the growth of any tree, or to otherwise use property in violation of any section of this chapter, may apply to the Board of Adjustment for variance from such regulations. 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 submitted to Municipal Airport Zoning Commission for an opinion as to the aeronautical effects of such a variance. If the Municipal Airport Zoning Commission does not respond to the Board of Adjustment within 15 days from receipt of the copy of the application, the Board may make its decision to grant or deny the variance.
A Board of Adjustment is provided for as follows:
1. Powers and Duties. The Carroll County Zoning Board of Adjustment will have and exercise the following powers:
A. To hear and decide appeals from any order, requirement, decision, or determination made by the Carroll County Zoning Commission in the enforcement of this chapter.
B. To hear and decide special exemptions to the terms of this chapter upon which such Board of Adjustment under such regulations may be required to pass.
C. To hear and decide specific variances.
2. Appointment and Term. The Board of Adjustment shall consist of five members appointed by the Board of Supervisors for the County to serve for staggered terms of five years and until successors are duly appointed and qualified. Members shall be removable by the appointing authority for cause, upon written charges, after a public hearing.
3. Rules; Meetings. The Board of Adjustment shall adopt rules for its governance and in harmony with the provisions of this chapter. Meetings of the Board shall be held at the call of the Chairperson and at such other times as the Board of Adjustment may determine. The Chairperson or, in his or her absence, the acting Chairperson may administer oaths and compel the attendance of witnesses. All meetings of the Board of Adjustment shall be open to the public. The 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 offices of the County Auditor, and on due cause shown.
4. Powers. The Board of Adjustment shall have the powers established in the Code of Iowa, Section 414.12.
5. Vote Required. The concurring vote of a majority of the members of the Board of Adjustment shall be sufficient to reverse any order, requirement, decision, or determination of any administrative official or to decide in favor of the applicant, on any matter upon which it is required to pass under this chapter, or to effect variations of this chapter.
It is the duty of the County Zoning Administrator to administer the regulations prescribed herein. Applications for permits and variances shall be made to County Zoning Administrator upon a form furnished by the Administrator. Applications required by this chapter to be submitted to the administrative agency shall be promptly considered and granted or denied. Application for action by the Board of Adjustment shall be forthwith transmitted by the County Zoning Administrator.
Each violation of this chapter or of any regulation, order or ruling promulgated hereunder shall constitute a misdemeanor and be punishable by a fine of not more than $500.00 or imprisonment for not more than one year or both; and each day a violation continues to exist shall constitute a separate offense.
Where there exists a conflict between any of the regulations or limitations prescribed in this chapter and any other regulations applicable to the same area, whether the conflict is with respect to height of structures, the use of land, or any other matter, the more stringent limitation or requirement shall govern and prevail.