TITLE Vl:
PROPERTY AND LAND USE
CHAPTER 4
TALL STRUCTURE - KEOKUK
6-4-1 Purpose and Intent
6-4-2 Definitions
6-4-3 Zones - Boundaries
6-4-4 Use Restrictions
6-4-5 Permits
6-4-6 Board of Adjustment
6-4-7 Airport Zoning Commission
6-4-8 Penalties - Review
6-4-1 Purpose
and Intent. The purpose and
intent of this chapter is to regulate and restrict the height of structures
and objects of natural growth and otherwise regulate the use of property in
the vicinity of the Keokuk Municipal Airport by creating the appropriate
zones and establishing the boundaries thereof; providing for changes in the
restrictions and boundaries of such zones; defining certain terms herein;
referring to the Keokuk Municipal Airport Part 77 Airspace Plan which is
incorporated herein and made a part hereof by reference, as though fully set
forth herein; and imposing penalties for the violation hereof.
This section is adopted
pursuant to authority contained in Chapters 329 and 358A, Code of Iowa. It is hereby found that an obstruction has
the potential for endangering the lives and property of users of Keokuk
Municipal Airport, and property and occupants of land in its vicinity; 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 Keokuk Municipal Airport and the public investment therein.
1.
Interpretation. In interpreting and applying provisions of this title, they
shall be held to be the minimum requirements for the promotion of the public
safety, health, convenience, comfort, morals, prosperity and general
welfare. It is not intended by this
title to interfere with or abrogate or annul any easements, covenants or
other agreements between parties, or licenses, franchises, or permits issued
by the City of Keokuk or the County of Lee, except that if this title imposes
a greater restriction, in all cases except franchises issued by the City of
Keokuk or the County of Lee upon the vote of the elector, this title shall control.
2.
Enforcement. It is the duty of the building official designated by the Lee
County Board of Supervisors, hereinafter referred to as "the designated
building official" to administer the regulations prescribed in this
title. Applications for permits and
variances shall be made to the designated building official upon a form
furnished by him. Application
required by this title 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 designated building official.
3.
Severability. If any provision of this title or the application thereof to any person or circumstances is held
invalid, such invalidity shall not affect other provisions or applications of
this title which can be given effect without the invalid provision of
application, and to this and the provisions of this title are declared to be
severable.
4.
Conflicting Regulations. Where there exists a conflict between any
of the regulations or limitations prescribed in this title or any other
regulations applicable to the same area, whether the conflict is with respect
to height or structures, the use of land, or any other matter, the more
stringent limitation or requirement shall govern or prevail.
6-4-2 Definitions.
1.
For the purpose of this title, certain
terms and words are defined by this chapter.
Words used in the present tense include the future; the singular
number includes the plural and the plural the singular; the word
"building" includes the word "structure"; and the word
"shall" is mandatory and not directory.
a.
Airport.
Keokuk Municipal Airport
b.
Airport Elevation. The highest point of an airport's usable
landing area measured in feet above mean sea level, which elevation is six
hundred seventy one (671) feet.
c.
Approach Surface. A surface longitudinally centered on the
extended runway centerline, extending outward and upward from the end of the
primary surface and at the same slope as the approach zone height limitation
slope set forth in Section 1.16.020.
In plan the perimeter of the approach surface coincides with the
perimeter of the approach zone.
d.
Approach, Transitional, Horizontal, and
Conical Zones. These zones are set
forth in Section 1.16.010.
e.
Conical Surface. A surface extending outward and upward from the periphery of
the horizontal surface at a slope of 20 to 1 for a horizontal distance of
4,000 feet.
f.
Hazard to Air Navigation. An obstruction determined to have a
substantial adverse effect on the safe and efficient utilization of the
navigable airspace.
g.
Height.
For the purpose of determining the height limits in all zones set
forth in this section and shown on the airspace plan, the datum shall be mean
sea level elevation unless otherwise specified.
h.
Horizontal Surface. A horizon plane one hundred fifty (150)
feet above the established airport elevation, the perimeter of which in plan
coincides with the perimeter of the horizontal zone.
i.
Larger Than Utility Runway. A runway that is constructed for and to be
used by propeller driven aircraft of greater than 12,500 pounds maximum gross
weight and et powered aircraft.
j.
Nonconforming Use. Any pre-existing structure, object of
natural growth, or use of land which is inconsistent with the provisions of
this section or amendment thereto.
k.
Nonprecision Instrument Runway. A runway having an existing instrument
approach procedure utilizing air navigation facilities with only horizontal
guidance, or area type navigation facilities for which a straight-in nonprecision instrument approach procedure
has been approved or planned.
l.
Obstruction. Any structure, growth, or other object, including a mobile
object, which exceeds a limiting height set.
m.
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 them.
n.
Precision Instrument Runway. A runway having an existing instrument
approach procedure utilizing an instrument Landing System (LS) or a Precision
Approach Radar (PAR). 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 document.
o.
Primary Surface. A surface longitudinally centered on a runway. When the runway has a specially prepared
hard surface, the primary surface extends two hundred (200) feet beyond each
end of that runway. The elevation of
any point on the primary surface is the same as the elevation of the nearest
point on the runway center-line.
p.
Runway.
A defined area on an airport prepared for landing and take off of
aircraft along its length.
q.
Structure. An object including a mobile object constructed or installed by
man, including but without limitation, buildings, towers, cranes,
smokestacks, earth formation, and overhead transmission lines.
r.
Transitional Surfaces. These surfaces extended outward at 90
degree angle to the runway centerline and the runway centerline extended at a
slope of seven (7) feet horizontally for each foot vertically from the sides
of the primary and approach surfaces to where they intersect the horizontal
and conical surfaces. Transitional
surfaces for those portions of the precision approach surfaces, which project
through and beyond the limits of the conical surface, extend a distance of
5,000 feet measured horizontally from the edge of the approach surface and at
90 degree angles to the extended runway centerline.
s.
Tree.
Any object of natural growth.
t.
Utility Runway. A runway that is constructed for and intended to be used by
propeller driven aircraft of 12,500 pounds maximum gross weight and less.
u.
Visual Runway. A runway intended solely for the operation of aircraft using
visual approach procedures.
6-4-3 Zones
- Boundaries
1.
Zones Designated - 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 Keokuk Municipal Airport.
Where uncertainty exists with respect to the boundaries of the various
zones as shown on the zone map, the following rules shall apply:
a.
The designated building official shall
make interpretations locations of boundaries that shall be final and binding;
or
b.
The property owner aggrieved by the
interpretation of the designated building official shall have a licensed
engineer certify the location of any boundary in question.
Such zones are shown on
the Keokuk Municipal Airport Part 77 Airspace Plan which is incorporated
herein and made a part by reference as though fully set forth herein. An area located in more than one of the
following zones is considered to be only in the zone with the more
restrictive height limitation. The
various zones are hereby established and defined as follows:
1.
Utility runway nonprecision 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 a continuation of the
centerline of the runway.
2.
Runway larger than utility with a
visibility minimum greater than 3/4 mile nonprecision instrument approach
zone - the inner edge of this approach zone coincides with the width of the
primary surface and is 1,000 feet wide.
The approach zone expands outward uniformly to a width of 3,500 feet
at a horizontal distance of 10,000 feet from the primary surface. Its centerline is the continuation of the
centerline of the runway.
3.
Precision instrument runway approach zone
- The inner edge of this approach zone coincides with the width of primary
surface and is 1,000 feet wide. The
approach zone expands uniformly to a width of 16,000 feet at a horizontal
distance of 50,000 feet from the primary surface. Its centerline is the continuation of the centerline of the
runway.
4.
Transitional zones - The transitional
zones are the areas beneath the transitional surfaces.
5.
Horizontal zone - The horizontal zone is
established by swinging arcs of 5,000 feet radii for all runways designated as
utility or visual, and 10,000 feet radii for all others measured from the
center of each end of the primary surface of each runway, and connecting the
adjacent arcs by drawing a line tangent to these arcs. The horizontal zone
does not include the approach and transitional zones.
6.
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.
2.
Airport Zone Height Limitations - Except
as otherwise provided in this section, no structure shall be erected,
altered, or maintained, and no tree shall be allowed to grow in any zone
created by this section 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:
a.
Utility runway nonprecision instrument
approach zone - Slopes twenty (20) feet outward for each foot upward
beginning at the end of any at the same elevation as the primary surface and
extending to a horizontal distance 5,000 feet along the extended runway
centerline.
b.
Runway larger than utility with a
visibility minimum greater than 3/4 mile nonprecision instrument approach
zone - Slopes 34 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 1,000 feet along the extended runway centerline.
c.
Precision instrument runway approach zone
- Slopes 50 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 10,000 feet along the extended runway centerline; thence slopes
upward 40 feet horizontally for each foot vertically to an additional 40,000
feet along the extended runway centerline.
d.
Transitional zones - Slope 7 feet outward
for each foot upward beginning at the sides of and the same elevation as the
primary surface and the approach surface, and extending to a height 150 feet
above the airport elevation. In
addition to the forgoing, there are established height limits sloping 7 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 with the
conical zone projects beyond the conical zone, there are established height
limits sloping 7 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.
e.
Horizontal zone - Established at 150 feet
above the airport elevation.
f.
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.
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.
6-4-4 Use
Restrictions.
1.
Use Restrictions. Notwithstanding any other provision of
this section, no use may be made of land or water within any zone established
by this section 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 as to distinguish between airport lights and
others, results in glare in the eyes of pilots using the airport, impair
visibility in the vicinity of the airport, create bird strike hazard, or
otherwise in any way endanger or interfere with the landing, takeoff, or
maneuvering of aircraft intending to use the airport.
2.
Nonconforming Uses
a.
Regulations not retroactive - The
regulations prescribed by 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 section, or
otherwise interfere with the continuance of nonconforming use. Nothing contained herein shall require any
change in the construction or alteration of which was begun prior to the
effective date of this section, and is diligently prosecuted.
b.
Marking and lighting - Notwithstanding the
preceding provision of this subsection, the owner of any existing
nonconforming structure is hereby required to permit the installation,
operation and maintenance thereon of such markers and lights as shall be
deemed necessary by the City of Keokuk 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 City of
Keokuk.
6-4-5 Permits.
1.
Permits.
a.
Future uses - Except in as specifically
provided in (i), (ii), and (iii) 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
therefore shall have been applied for and granted. Each application for a permit shall indicate the purpose for
which the permit is desired with sufficient particularity to permit it 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 shall be granted. No permit for use inconsistent with the
provisions of this section shall be granted unless a variance has been
approved in accordance with standards.
(i)
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.
(ii)
In areas lying within the limits of the
approach zone, but at 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 approved
zones.
(iii)
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 for such transition zones.
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 the height limits established in this section.
2.
Existing Uses - 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 section or any
amendments thereto or than it is when the application for a permit is made. Except as indicated, all applications for
such a permit shall be granted.
3.
Nonconforming Uses Abandoned or Destroyed
- Whenever the designated building official determines that a nonconforming
tree or structure has been abandoned or more than 80 percent torn down, physically
deteriorated, or decayed, no permit shall be granted that would allow such
structure or tree to exceed that applicable height limit or otherwise deviate
from the zoning regulations.
4.
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
section, may apply to the Lee County Zoning Commission 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 air
space. 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 section.
a.
Obstruction marking and lighting - Any
permit on variance granted may, if such action is deemed advisable to
effectuate the purpose of this section 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 owners expense,
such markings and lights as may be necessary. If deemed proper, this condition may be modified to require the
owner to permit the City of Keokuk, at its own expense, to install, operate,
and maintain the necessary markings and lights.
6-4-6 Board
of Adjustment.
1.
Powers and Duties.
a.
There is created a Board of Adjustment to have and exercise the
following powers:
1.
To hear and decide appeals from any order,
requirement, decision or determination made by the Airport Zoning
Commission/Administrative Agency in the enforcement of this title:
2.
To hear and decide exemptions to the terms
of this title upon which such Board of Adjustment, under such regulations,
may be required to pass; and
3.
To hear and decide specific
variances.
b.
The Board of Adjustment shall have the
powers established in Iowa Statutes, Section 414.12 and Section 355.10.
1.
Composition - The Board of Adjustment
shall consist of five (5) members.
Two (2) members shall be appointed by the Keokuk City Council and two
(2) members shall be appointed by the Lee County Board of Supervisors. One (1) additional member to act as chairman
shall be selected by a majority vote of the four (4) appointed members. The terms of the members shall be for five
(5) years excepting that when the Board is created, one (1) member appointed
by the City Council and the Board of Supervisors shall serve a term of two
(2) years, and the other a term of four (4) years. Members shall be removable by the appointing authority for a
cause, upon written charges, after a public hearing.
2.
Reversal of Orders - 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 applicable on any
matter upon which it is required to pass under this title, or to effect
variations of this title.
3.
Meetings - The Board of Adjustment shall
adopt rules for its governance and in harmony with the provisions of this
title. Meetings of the Board shall be
held at the call of the chairman and at such other times as the Board of
Adjustment may determine. The
chairman, or in his absence, the acting chairman, 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 votes 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 office of the City Clerk and the County
Clerk, and on due cause shown.
6-4-7 Airport
Zoning Commission.
1.
Powers and Duties. There is created an airport zoning
commission to recommend the boundaries of the various original zones, and
appropriate regulations and restrictions to be enforced therein. Such commissions shall, with due
diligence, prepare a preliminary report and hold public hearings thereon
before submitting its final report to the County Board of Supervisors and the
Keokuk City Council. The commission,
may, from time to time, recommend amendments, supplements, changes or
modifications to the Board of Supervisors and the City Council.
2.
Composition. The airport zoning commission shall consist of five (5)
members. Two (2) members shall be
appointed by the City Council, and two (2) members shall be appointed by the
County Board of Supervisors. One (1)
additional member, to act as chairman, shall be selected by majority vote of
the four (4) appointed members. The
terms of the members shall be for five (5) years, excepting that when the
Board is first created, one (1) member appointed by the City Council and the
County Board of Supervisors shall serve a term of two (2) years, and the
other a term of four (4) years.
Members shall be removable by the appointing authority for cause, upon
written charges, after a public hearing.
3.
Meetings.
The airport zoning commission shall adopt rules for its governance and
in harmony with the provisions of this title. Meetings of the commission shall be held at the call of the
chairman and at such other times as the airport zoning commission may
determine. The chairman, or in his
absence, the acting chairman, may administer oaths and compel the attendance
of witnesses. All meetings of the
airport zoning commission shall be open to the public. The airport zoning commission 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 office of the Keokuk City Clerk and Lee
County Auditor.
6-4-8 Penalties
- Review.
1.
Penalties. Each violation of this title, or of any regulation, order or
ruling promulgated under this title,
constitutes a civil infraction (Section 331.307, Code of Iowa) and is
punishable of a fine of not more than seven hundred dollars ($700) for first
offense conviction, not more than one thousand dollars ($1000) upon second,
not more than one thousand dollars ($1000) for each repeat offense. Each day a violation continues to exist
constitutes a separate offense.
2.
Judicial Review. Any person aggrieved or any taxpayer affected by any decisions
of the Board of Adjustment, may appeal to the court of record as provided in
Iowa Statutes, Section 414.15.
3.
Hold Harmless. The City of Keokuk has stipulated that Lee County shall be held
harmless of any and all expenses resulting from the origin and implementation
of this Ordinance. The Auditor is
directed to certify all costs and expenses of an implementation and operation
under this Ordinance to the Keokuk City Clerk's office.
After the second reading
and passage of this Ordinance, this Ordinance shall be published once in a
newspaper of general circulation and shall take effect of the date of said
publication.
(Ord. VI-4, Passed July 28, 1988)
Published August 18, 1988
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