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 for their 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)