(A) Intent.
(1) The Airport Hazard Zone is established pursuant to the authority conferred by the state in Iowa Code § 329.3. It is hereby found that an obstruction has the potential for endangering the lives and property of users of the Guthrie County Regional Airport and property or occupants of land in its vicinity; that an obstruction may affect existing and future instrument approach minimums of the airport; and that an obstruction may reduce the size of areas available for the landing, takeoff and maneuvering of aircraft, thus tending to destroy or impair the utility of the airport and the public investment therein. Accordingly, it is declared:
(a) The creation or establishment of an obstruction has the potential of being a public nuisance and may injure the region served by the airports;
(b) It is necessary in the interest of the public health, safety and general welfare that the creation or establishment of obstructions that are a hazard to air navigation be prevented; and
(c) The prevention of incompatible land uses, and obstructions should be accomplished, to the extent legally possible, by the exercise of the police power without compensation.
(2) It is further declared that the prevention of the creation or establishment of hazards to air navigation, the elimination, removal, alteration or mitigation of hazards to air navigation, or marking and lighting of obstructions are public purposes for which a political subdivision may raise and expend public funds and acquire land or interests in land.
(B) Purpose. The Airport Hazard Zone is established in order to:
(1) Prevent the establishment of airspace obstructions in public airport approaches and surrounding areas;
(2) Minimize potential dangers from, and conflicts with, the use of aircraft at the airports; and
(3) Address Federal Aviation Regulation (FAR) part 77, being 14 C.F.R. part 77, and all other applicable federal and state laws regulating hazards to air navigation.
(C) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ADMINISTRATIVE AGENCY. The incorporated city or unincorporated county underlying the Airport Hazard Zones, as defined in this section.
AIRCRAFT APPROACH CATEGORY. A grouping of aircraft based on 1.3 times their stall speed in their landing configuration at their maximum certified landing weight. The categories are as follows:
Category A | Speed less than 91 knots |
Category B | Speed 91 knots or more, but less than 121 knots |
Category C | Speed 121 knots or more, but less than 141 knots |
Category D | Speed 141 knots or more, but less than 166 knots |
Category E | Speed 166 knots or more |
AIRPLANE DESIGN GROUP. A grouping of airplanes based on wingspan. The groups are as follows:
Group I | Up to, but not including, 49 feet |
Group II | 49 feet, up to, but not including, 79 feet |
Group III | 79 feet, up to, but not including, 118 feet |
Group IV | 118 feet, up to, but not including, 171 feet |
Group V | 171 feet, up to, but not including, 214 feet |
Group VI | 214 feet, up to, but not including, 262 feet |
AIRPORT. The Guthrie County Regional Airport.
AIRPORT ELEVATION. One thousand two hundred twenty-one feet above sea level.
AIRPORT OWNER. The Guthrie County Regional Airport Authority
BUILDING RESTRICTION LINE (BRL). A line which identifies suitable building area locations on airports. The BRL should encompass the runway protection zones, the runway object free area, the runway visibility zones, NAVAID critical areas required for terminal instrument procedures, and areas addressed under Federal Aviation Regulation part 77, subpart C, being 14 C.F.R. part 77, subpart C, (Airport Imaginary Surfaces), to a point where the surfaces obtain a height of at least 35 feet above the primary surface.
HAZARD TO AIR NAVIGATION. An object which, as a result of an aeronautical study, the FAA determines will have a substantial adverse affect upon the safe and efficient use of navigable airspace by aircraft, operation of air navigation facilities or existing or potential airport capacity.
HEIGHT. For the purpose of determining the height limits in all zones set forth in this section, and shown on the Airport Hazard Zone Map, the datum shall be mean sea level elevation unless otherwise specified.
LARGE AIRPLANE. An airplane of more than 12,500 pounds maximum certified takeoff weight.
LARGER THAN UTILITY RUNWAY. A runway that is constructed for and intended to be used by propeller driven aircraft of greater than 12,500 pounds maximum gross weight and jet-powered aircraft.
NON-CONFORMING USE. Any pre-existing structure, object of natural growth, or use of land that is inconsistent with the provisions of this chapter or an amendment thereto.
NON-PRECISION INSTRUMENT RUNWAY. A runway having an existing instrument approach procedure providing course guidance without vertical path guidance utilizing VOR, NDB, LDA, GPS or other authorized RNAV system, for which a straight-in non-precision instrument approach procedure has been approved or planned.
NON-PRECISION INSTRUMENT RUNWAY HAVING APPROACH PROCEDURE WITH VERTICAL GUIDANCE. A runway having an existing instrument approach procedure providing course and vertical path guidance that does not conform to Instrument Landing System (ILS) or Microwave Landing System (MLS) system performance standards, or a precision system that does not meet TERPS alignment criteria, utilizing WAAS and authorized barometric VNAV, for which a straight-in non-precision instrument approach procedure has been approved or planned.
NOTICE TO THE FAA OF PROPOSED CONSTRUCTION. Federal Aviation Regulation part 77, being 14 C.F.R. part 77, Objects Affecting Navigable Airspace, requires persons proposing any construction or alteration described in Federal Aviation Regulation § 77.13(A), being 14 C.F.R. § 77.13(A), to give 30-day notice to the FAA of their intent. This includes any construction or alteration of structures more than 200 feet in height above the ground level or at a height that penetrates defined imaginary surfaces located in the vicinity of a public use airport as well as construction or alteration of greater height than an imaginary surface extending outward and upward at 100 to one foot for a horizontal distance of 20,000 feet from the nearest point of the nearest runway.
OBSTRUCTION TO AIR NAVIGATION. An object of greater height than any of the heights or services presented in Federal Aviation Regulation part 77, subpart C, being 14 C.F.R. part 77, subpart C. OBSTRUCTION TO AIR NAVIGATION is presumed to be hazards to air navigation until an FAA study has determined otherwise.
PERSON. An individual, firm, partnership, corporation, company, association, joint stock association or government entity; includes a trustee, a receiver, an assignee or a similar representative of any of them.
PRECISION INSTRUMENT RUNWAY. A runway having an existing instrument approach procedure providing course and vertical path guidance conforming to Instrument Landing System (ILS) or Microwave Landing System (MLS), precision system performance standards, utilizing ILS, LAAS, WAAS, MLS and other precision systems. It also means a runway for which a precision approach system is planned and is so indicated on an approved airport layout plan or any other planning documents.
RUNWAY. A defined area on an airport prepared for landing and takeoff of aircraft along its length.
SMALL AIRPLANE. An airplane of 12,500 pounds or less maximum certified takeoff weight.
STRUCTURE. An object, including a mobile object, constructed or installed by humans, including, but without limitation, buildings, towers, cranes, smokestacks, earth formation and overhead transmission lines.
TREE. Any object of natural growth.
VISUAL RUNWAY. A runway without an existing or planned straight-in instrument approach procedure.
(D) Airport zones. In order to carry out the provisions of this section, there are hereby created and established certain zones which include all of the land lying beneath the approach surfaces, transitional surfaces, horizontal surfaces and conical surfaces as they apply to the Guthrie County Regional Airport. Such zones are shown on the Airport Hazard Zone Map, and is made a part hereof. An area located in more than one of the following zones is considered to be only in the zone with the more restrictive standard. The various zones are hereby established and defined as follows.
(1) Runway Visual Approach Zone. The inner edge of this approach zone coincides with the width of the primary surface and is 250 feet wide. The approach zone expands outward uniformly to a width of 1,250 feet at a horizontal distance of 5,000 feet from the primary surface. Its centerline is the continuation of the centerline of runway.
(2) Runway with a Visibility Minimum of One Mile Non-Precision Instrument Approach Zone. The inner edge of this approach zone coincides with the width of the primary surface and is 500 feet wide. The approach zone expands outward uniformly to a width of 2,000 feet at a horizontal distance of 5,000 feet from the primary surface. Its centerline is the continuation of the centerline of the runway.
(3) Horizontal Zone. The horizontal zone is established by swinging arcs of 5,000 feet radii from the center of each end of the primary surface of each runway and connecting the adjacent arcs by drawing lines tangent to those arcs. The horizontal zone does not include the approach and transitional zones.
(4) Conical Zone. The conical zone is established as the area that commences at the periphery of the horizontal zone and extends outward there from a horizontal distance of 4,000 feet.
(E) Airport zone height limitations. Except as otherwise provided in this chapter, no structure shall be erected, altered or maintained, and no tree shall be allowed to grow in any zone created by this chapter to a height in excess of the applicable height limit herein established for such zone. Such applicable height limitations are hereby established for each of the zones in question as follows:
(1) Runway with Visual Approach Zone. Slopes 20 feet outward for each foot upward beginning at the end of and at the same elevation as the primary surface and extending to a horizontal distance of 5,000 feet along the extended runway centerline;
(2) Runway with a Visibility Minimum Less Than One Mile Non-Precision Instrument Approach Zone. Slopes 20 feet outward for each foot upward beginning at the end of and at the same elevation as the primary surface and extending to a horizontal distance of 5,000 feet along the extended centerline;
(3) Transitional Zones. Slope seven feet outward for each foot upward beginning at the sides of and at the same elevation as the primary surface and the approach surface, and extending to a height of 150 feet above the airport elevation. In addition to the foregoing, there are established height limits sloping seven feet outward for each foot upward beginning at the sides of and at the same elevation as the approach surface, and extending to where they intersect the conical surface. Where the precision instrument runway approach zone projects beyond the conical zone, there are established height limits sloping seven feet outward for each foot upward beginning at the sides of and at the same elevation as the approach surface, and extending a horizontal distance of 5,000 feet measured at 90-degree angles to the extended runway centerline;
(4) Horizontal Zone. Established at 150 feet above the airport;
(5) Conical Zone. Slopes 20 feet outward for each foot upward beginning at the periphery of the horizontal zone and at 150 feet above the airport elevation and extending to a height of 350 feet above the airport elevation;
(6) Minimum descent altitude. No structure shall be erected in the county that raises the published minimum descent altitude or decision height for an instrument approach to any runway, nor shall any structure be erected that causes the minimum obstruction clearance altitude or minimum enroute altitude to be increased on any federal airway in the county; and
(7) Excepted height limitations. Nothing in this section shall be construed as prohibiting the construction or maintenance of any structure, or growth of any tree to a height up to 50 feet above the surface of the land.
(F) Use restrictions. Notwithstanding any other provisions of this chapter, no use may be made of land or water within any zone established by this chapter in such a manner as to create electrical interference with navigational signals or radio communication between the airport and aircraft, make it difficult for pilots to distinguish between airport lights and others, result in glare in the eyes of pilots using the airport, impair visibility in the vicinity of the airport, create bird strike hazards or otherwise in any way endanger or interfere with the landing, takeoff or maneuvering of aircraft intending to use the airport.
(G) Non-conforming uses.
(1) Regulations not retroactive. The regulations prescribed in this section shall not be construed to require the removal, lowering or other change or alteration of any structure or tree not conforming to the regulations as of the effective date of this chapter, or otherwise interfere with the continuance of a non-conforming use. Nothing contained herein shall require any change in the construction, alteration or intended use of any structure, the construction or alteration of which was begun prior to the effective date of this chapter and is diligently prosecuted.
(2) Marking and lighting. Notwithstanding the preceding provision of this section, the owner of any existing non-conforming structure or tree is hereby required to permit the installation, operation and maintenance thereon of such markers and lights as shall be deemed necessary by the Airport Manager to indicate to the operators of aircraft in the vicinity of the airport the presence of such airport obstruction. Such markers and lights shall be installed, operated and maintained at the expense of the Guthrie County Regional Airport. Any permit granted may be conditioned to require the owner of the structure in question to install, operate and maintain, at the owner’s expense, such markings and lights
as may be necessary.
(3) Alteration or change of non-conforming use. No permit shall be granted that would allow a non-conforming use or structure to become a greater hazard to air navigation than it was on the effective date of this chapter or any amendments thereto or than it is when the application for a permit is made.
(4) Non-conforming uses abandoned or destroyed. Whenever the administrative agency or its designee determines that a non-conforming structure is abandoned for one year or destroyed, by any means, to the extent of more than 60% of the replacement cost, said structure shall not be rebuilt, restored or re-occupied for any purpose unless it shall thereafter conform to all regulations of this chapter.
(H) Variances.
(1) (a) 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 Board of Adjustment for a variance from such regulations. The application for a variance shall be accompanied by a determination from the Federal Aviation Administration as to the effect 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 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 a 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 Guthrie County Regional Airport Authority for advice as to the aeronautical effects of the variance. If the Guthrie County Regional Airport Authority does not respond to the application within 15 days after receipt, the Board of Adjustment may act on its own to grant or deny said application.
(b) In addition, all applications for height variance within the airport zones shall be accompanied by Federal Aviation Administration Form 7460-1, which has been completed by the applicant and processed by the FAA regional office.
(2) Any permit or variance granted may, if such action is deemed advisable to effectuate the purpose of this chapter and be 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 Guthrie County Regional Airport Authority at its own expense, to install, operate and maintain the necessary markings and lights.
(I) Conflicting regulations. Where there exists a conflict between any of the regulations or limitations prescribed in this section and any other regulations applicable to the same area, whether the conflict be with respect to the height of structures or trees, and the use of land, or any other matter, the more stringent limitation or requirements shall govern and prevail.
(J) Permits.
(1) Existing uses. No permit shall be granted that would allow the establishment or creation of an obstruction or permit a non-conforming 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) Future uses.
(a) Except as specifically provided in these divisions (J)(2)(a)1., (J)(2)(a)2. and (J)(2)(a)3. hereunder, no material change shall be made in the use of land, no structure shall be erected or otherwise established, and no tree shall be planted in any zone hereby created unless a permit or variance therefore shall have been applied for and granted. Each application for a permit or variance shall indicate the purpose for which the permit or variance is desired, with sufficient particularity to permit or variance to be determined whether the resulting use, structure or tree would conform to the regulations herein prescribed. If such determination is in the affirmative, the permit or variance shall be granted. No permit or variance for a use inconsistent with the provisions of this chapter shall be granted unless a variance or permit has been approved in accordance with division (H) above.
1. In the area lying within the limits of the horizontal zone and conical zone, no permit shall be required for any tree or structure less than 75 feet of vertical height above the ground, except when, because of terrain, land contour or topographic features, such tree or structure would extend above the height limits prescribed for such zones.
2. In areas lying within the limits of the approach zones, but at a horizontal distance of not less than 4,200 feet from each end of the runway, no permit shall be required for any tree or structure less than 75 feet of vertical height above the ground, except when such tree or structure would extend above the height limit prescribed for such approach zones.
3. In the areas lying within the limits of the transition zones beyond the perimeter of the horizontal zone, no permit shall be required for any tree or structure less than 75 feet of vertical height above the ground, except when such tree or structure, because of terrain, land contour or topographic features, would extend above the height limit prescribed for such transition zones.
(b) 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, except as set forth in division (E) above.
(3) Non-conforming uses abandoned or destroyed. Whenever the County Zoning Administration determines that a non-conforming tree or structure has been abandoned or more than 80% torn down, physically deteriorated or decayed, no permit shall be granted that would allow such structure or tree to exceed the applicable height limit or otherwise deviate from the zoning regulations.
(K) Enforcement. It shall be the duty of the County Zoning Administrator to administer and enforce the regulations prescribed herein. Applications for permits and variances shall be made to the County Zoning Administrator upon a furnished form. Applications required by this section to be submitted to the County Zoning Administrator shall be promptly considered and granted or denied. Application for action by the Airport Board of Adjustment shall be forthwith transmitted by the County Zoning Administrator.
(L) Board of Adjustment.
(1) There is hereby created an Board of Adjustment to have and exercise the following powers:
(a) To hear and decide appeals from any order, requirement, decision or determination made by the County Zoning Administrator in the enforcement of this section;
(b) To hear and decide special exceptions to the terms of this section upon which such Airport Board of Adjustment under such regulations may be required to pass; and
(c) To hear and decide specific variances.
(2) The Board of Adjustment shall consist of five members appointed by the County Board of Supervisors and each shall serve a term of five years until a successor is duly appointed and qualified. Of the members first appointed, one shall be appointed for a term of five years, one for a term of four years, one for a term of three years, one for a term of two years and one for a period of one year. Members shall be removable by the appointing authority for cause, upon written charges, after a public hearing.
(3) The 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 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 act, and shall keep records of its examinations and other official actions, all of which shall immediately be filed in the office of the County Zoning Administrator and on due cause known.
(4) The Board of Adjustment shall make written findings of facts 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, decision or determination which comes before it under the provisions of this chapter.
(5) 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 the County Zoning Administrator or decide in favor of the applicant on any matter upon which is required to pass under this chapter, or to effect variation to this chapter.
(M) Appeals.
(1) Any person aggrieved, or any taxpayer affected, by any decision of the County Zoning Administrator made in the administration of the chapter, may appeal to the Board of Adjustment.
(2) All appeals hereunder must be taken within a reasonable time as provided by the rules of the Board of Adjustment, by filing with the administrative agency a notice of appeal specifying the grounds thereof. The County Zoning Administrator shall forthwith transmit to the 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 administrative agency certifies to the 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, in the opinion of the County Zoning Administrator, cause imminent peril to life or property. In such case, proceedings shall not be stayed, except by the order of the Board of Adjustment on notice to the County Zoning Administrator and on due cause shown.
(4) The 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 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.
(N) Judicial review. Any person aggrieved, or any taxpayer affected, by any decision of the Board of Adjustment, may appeal to the District Court of Iowa, as provided in Iowa Code Chapters 329 and 335.
(Ord. passed - -2010)