TITLE Vl: PROPERTY AND LAND USE
CHAPTER 5
TALL STRUCTURE – FORT MADISON
6-5-1 Purpose
6-5-2 Definitions
6-5-3 Airport Zones and Airspace Height
Limitations
6-5-4 Use Restrictions
6-5-5 Lighting
6-5-6 Variance
6-5-7 Board of Adjustment
6-5-8 Judicial Review
6-5-9 Administrative Agency
6-5-1 Purpose. Regulates and restricts the height
of structures and objects of natural growth in the vicinity of Fort Madison
Municipal Airport by creating appropriate zones and establishing boundaries,
more specifically:
1.
That the creation or establishment of an
airport hazard is a public nuisance and an injury to the County served by the
Fort Madison Municipal Airport.
2.
That it is necessary in the interest of
the public health, public safety, and general welfare, that creation of
airport hazards be prevented; and
3.
That this should be accomplished to the
extent legally possible, by proper exercise of the police power; and
4.
That the prevention of the creation or
establishment of airport hazards, and the elimination, removal, alteration,
mitigation, or marking and lighting of existing airport hazards are public
purposes for which the county of Lee may raise and expend public funds, as an
incident to the operation of airports, to acquire land or property interest
therein.
6-5-2 Definitions.
1.
Airport.
The Fort Madison Municipal Airport.
2.
Airport Elevation. The highest point of an airport's usable
landing area measured in feet above mean sea level, which elevation is
established to be 724 feet.
3.
Airport Hazard. Any structure or tree or use of land which would exceed the
Federal Obstruction Standards as contained in fourteen Code of Federal
Regulations Sections seventy-seven point twenty-one (77.21), seventy-seven
point twenty-three (77.23) and seventy-seven point twenty-five (77.25) as
revised March 4, 1972, and which obstruct the airspace required for the
flight of aircraft and landing or takeoff at an airport or is otherwise
hazardous to such landing or take off of aircraft.
4.
Airport Primary Surface. A surface longitudinally centered on a
runway. When the runway has a
specifically prepared hard surface, the primary surface extends 200 feet
beyond each end of that runway. The
width of the primary surface of a runway will be that width prescribed in
Part 77 of the Federal Aviation Regulations (FAR) for the most precise
approach existing or planned for either 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
centerline.
5.
Airspace Height. For the purpose of determining the height limits in all zones
set forth in this ordinance and shown on the zoning map, the datum shall be
mean sea level elevation unless otherwise specified.
6.
Control Zone. Airspace extending upward from the surface of the earth which
may include one or more airports and is normally a circular area of 5
statutes miles in radius, with extensions where necessary to include
instrument approach and departure paths.
7.
Instrument Runway. A runway having an existing instrument
approach procedure utilizing air navigation facilities or area type
navigation equipment, for which an instrument approach procedure has been
approved or planned.
8.
Minimum Descent Altitude. The lowest altitude, expressed in feet
above mean sea level, to which descent is authorized on final approach or
during circle-to-land maneuvering in execution of a standard instrument
approach procedure, where no electronic glide slope is provided.
9.
Minimum Enroute Altitude. The altitude in effect between radio fixes
which assures acceptable navigational signal coverage and meets obstruction
clearance requirements between those fixes.
10. Minimum
Obstruction Clearance Altitude. The
specified altitude in effect between radio fixes or VOR airways, off-airway
routes, or route segments which meets obstruction clearance requirements for
the entire route segment and which assures acceptable navigational signal
coverage only within 22 miles of a VOR.
11. Runway. A defined area on an airport prepared for
landing and takeoff of aircraft along its length.
12. Visual
Runway. A runway intended solely for
the operation of aircraft using visual approach procedures with no straight
in instrument approach procedure and no instrument designation indicated on a
FAA approved airport layout plan, a military services approved military
airport layout plan, or by any planning document submitted to the FAA by
competent authority.
6-5-3 Airport
Zones and Airspace Height Limitations.
In order to carry out the
provisions of this Chapter, there are hereby created and established certain
zones which are depicted on the Fort Madison Municipal Airport Tall Structure
Map. A structure located in more than
one (1) zone 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.
Airport Height Zones
a.
Horizontal Zone. The land lying under a horizontal plane 150 feet above the
established airport elevation, the perimeter of which is constructed by:
1.
Swinging arcs of 5,000 feet radii from the
center of each end of the primary surface of runway(s) 16, 34, 8 and 26, and
connecting the adjacent arcs by lines tangent to those arcs.
b.
Conical Zone. The land lying under 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. No
structure shall penetrate the conical surface in the conical zone, as depicted
on the Fort Madison Municipal Airport Tall Structure Map.
c.
Approach Zone. The land lying under a surface longitudinally centered on the
extended runway centerline and extending outward and upward from each end of
the primary surface. (NOTE: an approach surface is applied to each end
of each runway based upon the type of approach available or planned for that
runway end).
1.
The inner edge of the Approach Surface is:
a.
250 feet wide for Runway(s) 8 & 26.
b.
500 feet wide for Runway(s) 16 & 34.
2.
The outer edge of the approach zone is:
a.
1,250 feet for Runway(s) 8 & 26.
b.
2,000 feet for Runway(s) 16 & 34.
3.
The Approach Zone extends for a horizontal
distance of:
a.
5,000 feet at a slope of 20 to 1 for
Runway(s) 16, 34, 8 & 26.
No structure shall exceed
the approach surface to any runway, as depicted on the Fort Madison Municipal
Airport Tall Structure Map.
d.
Transitional Zone. The land lying under those surfaces
extending outward and upward at right angles to the runway centerline and the
runway centerline extended at a slope of 7 to 1 from the sides of the primary
surface and from the sides of the Approach Surfaces.
No structure shall exceed
the Transitional Surface, as depicted on the Fort Madison Municipal Airport
Tall Structure Map.
e.
No structure shall be erected in Fort
Madison that raises the published Minimum Descent Altitude for an instrument
approach to any runway, nor shall any structure be erected that causes the
Minimum Enroute Altitude to be increased on any Federal Airway in Fort
Madison.
6-5-4 Use
Restrictions
Notwithstanding any other
provisions of Section III, no use may be made of land or water within Lee
County, Iowa 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.
All lights or illumination used in
conjunction with street, 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 Fort Madison Municipal Airport or in
the vicinity thereof.
2.
No operations from any use shall produce
smoke, glare or other visual hazards within three (3) statute miles of any
usable runway of the Fort Madison Municipal Airport.
3.
No operations from any use in Lee County
shall produce electronic interference with navigation signals or radio
communications between the airport and aircraft.
6-5-5 Lighting
1.
Notwithstanding the provisions of Section
IV, the owner of any structure over 200 feet above ground level must install
on the structure lighting in accordance with Federal Aviation Administration
(FAA) Advisory Circular 70-7460-lD and amendments. Additionally, any structure, constructed after the effective
date of this Ordinance 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-lD and amendments.
2.
Any permit or variance granted may be so
conditional as to require the owner of the structure or growth in question to
permit the City of Fort Madison 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 any airspace hazard.
6-5-6 Variance. Any person desiring to erect to
increase the height of any structure, or to permit the growth of any tree, or
otherwise use his property in violation of any section of this Ordinance, may
apply to the City of Fort Madison Board of Adjustment for variance from such
regulations.
No application for variance
to the requirements of this Ordinance may be considered by the Board of
Adjustment unless a copy of the application has been submitted to the Fort
Madison Airport Commission for an opinion as to the aeronautical effects of
such a variance. If the Fort Madison
Airport Commission does not respond to the Board of Adjustment within fifteen
(15) days from receipt of the copy of the application, the Board may make its
decision to grant or deny the variance.
6-5-7 Board
of Adjustment.
1.
The Fort Madison Board of Adjustment shall
have and exercise the following powers:
(1) To hear and decide appeals from any order, requirement, decision,
or determination made by the Administrative Agency in the enforcement of this
Ordinance; (2) to hear and decide special exemptions to the terms of this
Ordinance upon which such Board of Adjustment under such regulations may be
required to pass; and (3) to hear and decide specific variances.
2.
The Board of Adjustment shall have the
powers established in Iowa Statutes, Section 414.12.
6-5-8 Judicial
Review. Any person aggrieved,
or any taxpayer affected, by a decision of the Board of Adjustment, may
appeal to the Court of Record as provided in Iowa Statues, Section 414.15.
6-5-9 Administrative
Agency. It shall be the duty
of the Fort Madison Airport Commission and Fort Madison Planning and Zoning
Department to administer the regulations prescribed herein. Applications for permits and variances
shall be made to the Administrative Authority upon a form furnished by
them. Applications required by this
Ordinance to be submitted to the Administrative Agency shall be promptly
considered and granted or denied.
(Ord. VI-5, Passed
July 20, 1989)
Published August 10, 1989
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