Editor's note— Section 401 has been editorially deleted as superseded by provisions Ord. No. 883, codified in Code ch. 18, art. II.

This district is designed to be appended to other districts in this Ordinance where it is determined that the placement of mobile homes is compatible with the other use and character of the area; and to provide standards for their safety.

This district is created to be appended to any district which includes single-family dwellings as a permitted use. The district which is appended to is the parent district.

402.1

Permitted Principal Uses and Structures. Any permitted principal use and structure in the parent district shall be permitted including mobile homes, provided such mobile homes meet the minimum requirements of Section 402.3 of this Ordinance.

402.2

Additional Use Regulations. With regard to accessory uses, conditional uses and exceptions, performance standards, and the area, yard and height requirements, the provisions of the parent district shall apply. The restrictions and standards of the (SMH) Special Mobile Home district shall apply and in case of conflict, supersede those of the parent district.

402.3

Restrictions and Standards. In addition to the provisions of the parent district, the following restrictions and standards shall apply in the (SMH) Special Mobile Home district.

1.

Certification of compliance with all ordinances and regulations regarding mobile home park licensing, and zoning, health, plumbing, electrical, building, fire prevention and all other applicable ordinances and regulations shall be a prior requirement for granting said permit.

Individual mobile home lots shall have an area of not less than 6,000 square feet and the total number of lots per gross acre shall not exceed six.

2.

Planting of trees and shrubs is required to the extent needed to provide for:

(a)

Screening of objectionable views;

(b)

Adequate shade;

(c)

A suitable setting for the mobile homes in the district as well as neighboring uses.

3.

A minimum of 25 feet measured from any entrance, lean-to or other extension from said mobile home shall be maintained between mobile homes.

4.

A request for Special Mobile Home Districts shall set forth the location and legal description of the proposed mobile home park property, and a sketch of the proposed mobile home park, showing dimensions, drive-ways, proposed locations of mobile homes, the location of sanitary conveniences and other buildings and improvements.

5.

The area of the mobile home or trailer stand shall be improved to provide an adequate and approved foundation for the placement and tie-down of the mobile home or trailer, thereby securing the superstructure against uplift, sliding, rotation, or overturning.

6.

The mobile home or trailer stand shall be on incombustible materials and shall not shift or settle unevenly under the weight of the mobile home or trailer due to frost action, inadequate drainage, vibration or other forces acting upon the superstructure. The mobile home or trailer stand may be provided by means of a solid concrete footer block (16 inches by 16 inches by four inches minimum) placed on solid uniform soil with at least two standard concrete blocks with cells placed vertically beside each other on the footer block. A solid four-inch concrete cap covering the two concrete blocks shall be provided as the bearing area to be positioned directly beneath the steel frame of the mobile home or trailer. Such blocking shall be provided along the full length of the mobile home or trailer unit, spaced not more than ten feet apart, and not more than five feet from the ends of the unit.

The mobile home or trailer stand shall be provided with anchors and tie downs such as cast-in-place concrete "dead men", eyelets imbedded in concrete foundations or runways, screw augers, arrowhead anchors or other devices securing the stability of the mobile home or trailer. The tie-down devices shall be compatible with the foundation system provided for the mobile home or trailer such that the tie-downs are designed to resist the action of frost in the same manner as the foundation system.

7.

The skirting of all mobile homes and trailers is required. Such skirting shall not attach to mobile home or trailer permanently to the ground, but shall be sufficient to withstand wind load requirements and shall not provide a harborage for junk or rodents, nor create a fire hazard. Such skirting shall be provided with removable access panels sufficient to provide easy access to all utility connection points of the mobile home or trailer and its subsequent connection to the utility risers if they are located within the skirted area.

8.

Additional restrictions may be applied by the City Council so as to [ensure the maintenance of the public health, safety, and welfare of the City.

402.4

Mobile Homes. Notwithstanding the provisions of the district regulations of this Ordinance, no mobile home shall be parked and occupied in any district outside an approved mobile home park for more than 48 hours except upon a special permit issued by the Planning Administrator. Such permit shall be issued for a period not to exceed 30 days and shall not be renewable within the same calendar year. Provided, however, a permit may be issued for parking and occupying a mobile home on land owned by the occupant or occupants, during the construction of a house thereon or for a period not exceeding 180 days and which shall be renewable for an additional period not exceeding 180 days. However, if material progress with house construction is not made within 45 days from the issuance of a permit, or if construction work ceases for a consecutive period of 45 days, said permit shall become void. If the mobile home is being parked on the site waiting to be placed on and connected to a permanent foundation, the mobile home owner does not originally need a permit. After 30 days if the mobile home has not been placed on and connected to a permanent foundation, a permit must be acquired in accordance with this section. This section shall not apply to single family mobile homes used as dwelling units for agricultural related purposes, or on a permanent foundation.

The Special Airport Hazard Overlay District is designed to be appended to other districts in this Ordinance to regulate the height of structures and objects, and prohibit incompatible land uses in the vicinity of airports to prevent airport hazards which endanger the lives and properties of users of the airport and of occupants of land and other persons in its vicinity. The creation of an airport hazard is a public nuisance and endangers the public health, safety, and welfare.

403.1

Overlay District. The airport hazard district shall include those zones within the jurisdiction of Dakota City as hereinafter defined and specified on the Sioux City Municipal Airport Zoning Map. In case of conflict between these regulations and those of the Parent District the more restrictive shall apply.

403.2

Definitions. The following words and phrases shall apply to airport hazard regulations and uses herein are defined as follows:

Airport means the Sioux City Municipal Airport.

Airport elevation means the highest point of the airport's usable landing area measured in feet from mean sea level.

Airport hazard means any structure or tree, or use of land, which obstructs the air space required for the flight of aircraft in landing or taking off of aircraft.

Airport hazard area means any area of land or water upon which an airport hazard might be established if not prevented as provided by this Ordinance.

Height. For the purposes of determining the height limits in all zones set forth in this chapter and shown on the airport hazard zoning map, the datum shall be mean sea level elevation unless otherwise specified.

Instrument runway means a runway equipped or designated to be equipped by an approved airport plan, with electronic air navigation aids adequate to permit the landing and takeoff of aircraft under restricted visibility conditions.

Nonconforming use means any pre-existing structure, object of natural growth, or use of land which is inconsistent with the provisions of this chapter.

Non-instrument runway means a runway other than an instrument runway.

Obstruction means any tangible, inanimate physical object, natural or artificial, protruding above the surface of the ground.

Person means any individual, firm, co-partnership, corporation, company, association, joint stock association or body politic, and includes any trustee, receiver, assignee or other similar representative thereof.

Runway means a designated portion of the airport, as herein defined, prepared for landing and takeoff of aircraft along the centerline of its longest dimension.

Structure means any object constructed or installed by man, including, but without limitation, buildings, towers, smokestacks and overhead transmission lines, and the poles or other structures supporting the same.

Tree means any object of natural botanical growth.

403.3

Zones. In order to carry out the purposes of this chapter, there are created and established certain zones designated as the approach zones, transitional zones, horizontal zones and conical zones. Such zones are shown on the airport hazard zoning map duly adopted by the city council which is on file in the office of the City Clerk, and which map, as duly amended from time to time, is incorporated in this section by reference and made a part hereof. An area located in more than one zone 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.

Instrument Approach Zone. An instrument approach zone is established at the end of the existing or proposed instrument runway for instrument landings and takeoffs. The instrument approach zones shall have a width of 1,000 feet at a distance of 200 feet beyond each end of the runway, widening thereafter uniformly to a width of 16,000 feet at a distance of 50,200 feet beyond each end of the runway, the centerline of the approach zones being a continuation of the runway centerline.

2.

Non-instrument Approach Zone. A non-instrument approach zone is established at each end of all non-instrument runways on the Sioux City Municipal Airport for non-instrument landings and takeoffs. The non-instrument approach zone shall have a width of 500 feet at a distance of 200 feet beyond each end of the runway, widening thereafter uniformly to a width of 2,500 at a distance of 10,200 feet beyond each end of the runway, the centerline of the approach zones being a continuation of the runway centerline.

3.

Transition Zones. Transition zones are established adjacent to each instrument and non-instrument and approach zone as indicated on the airport hazard zoning map. Transition zones symmetrically located on either side of runways have variable widths as shown in the airport hazard zoning map. Transition zones extend outward from a line 500 feet on either side of the centerline of the instrument and non-instrument runways for the length of such runway plus 200 feet on each end, and are parallel to and level with such runway centerlines. The transition zones along the runway slope upward and outward one foot vertically for each seven feet horizontally to the point where they intersect the surface of the horizontal zone; further, transitional zones are established adjacent to both instrument and non-instrument approach zones for the entire length of the approach zones. These transition zones have variable widths, as shown on the airport hazard zoning map. Such transition zones flare symmetrically with either side of the runway approach zones from the base of such zones and slope upward and outward at a rate of one foot vertically for each seven feet horizontally to points where they intersect the surface of the horizontal and conical zones. Additionally, transition zones are established adjacent to the instrument approach zone where it projects through and beyond the limits of the conical zone, extending a distance of 5,000 feet measured horizontally from the edge of the instrument approach zones at right angles to the continuation of the runway centerline.

4.

Horizontal Zone. A horizontal zone is established, being a plane 150 feet above the established airport elevation (1,097 feet), the perimeter of which is constructed by swinging arcs at a radius of 10,000 feet from the center of each end of the primary surface of each runway and connecting the adjacent arcs by lines tangent to those arcs.

5.

Conical Zone. A conical zone is established, being a surface extending outward and upward from the periphery of the upper surface of the horizontal zone (1,247 feet) at a slope of 20 to one for a horizontal distance of 4,000 feet.

403.4

Height limits. Except as otherwise provided in this chapter, no structure or tree shall be erected, altered, allowed to grow or be maintained in any airport zone to a height in excess of the height limit herein established for such zone. Such height limitations are computed as follows:

1.

Instrument Approach Zone. Height limits are as follows: (a) One foot in height for each 50 feet in horizontal distance beginning at a point 200 feet from the end of the instrument runway and extending to a distance of 10,200 feet from the end of the runway; thence one foot in height for each 40 feet in horizontal distance to a point 50,200 feet from the end of the runway.

2.

Non-instrument Approach Zones. Height limits are as follows: one foot in height for each 40 feet in horizontal distance beginning at a point 200 feet from the end of the non-instrument runway and extending to a point 10,200 feet from the end of the runway.

3.

Transition Zones. Height limits are as follows: one foot in height for each seven feet in horizontal distance beginning at a point 500 feet from the centerline of the instrument and non-instrument runways, measured at right angles to the centerline of the longest dimension of the runway, extending upward to a maximum height of 150 feet above the established airport elevation which is 1,097 feet above mean sea level. In addition to the foregoing, there are established height limits of one foot vertical height for each seven feet horizontal distance measured from the edges of all approach zones for the entire length of the approach zones and extending upward and outward to the points where they intersect the horizontal and conical surfaces; further, where the instrument approach zone projects through and beyond the conical zone, a height limit of one foot for each seven feet horizontal distance measured from the edges of all approach zones for the entire length of the approach zones and extending upward to the points where they intersect the horizontal and conical surfaces; further, where the instrument approach zone projects through and beyond the conical zone, w height limit of one feet for each seven feet of horizontal distance shall be maintained beginning at the edge of the instrument approach zone and extending a distance of 5,000 feet from the edge of the instrument approach zone measured at right angles to the continuation of the aforesaid centerline of the runway.

4.

Horizontal Zone. Height limits are as follows: 150 feet above the airport elevation.

5.

Conical Zone. Height limits are as follows: one foot in height for each 20 feet of horizontal distance beginning at the periphery of the horizontal zone and extending for a distance of 4,000 feet.

403.5.

When an area is covered by more than one height limitation, the more restrictive limitation shall prevail.

403.6

Nothing in this Ordinance shall be construed as prohibiting the growth, construction, or maintenance of any tree or structure to a height up to 45 feet above the surface.

403.7

Use Restrictions. Notwithstanding any other provisions of this Ordinance, no existing or new use or structure shall:

1.

Release into the air a substance which would impair visibility, such as steam, dust and smoke, except from existing heating plants, incinerators and fire places.

2.

Light emissions which interfere with or impair pilot vision.

3.

Electrical emissions that interfere with aircraft communications systems or navigational equipment.

4.

Structures of a height which may impair or endanger aircraft in approach or departure patterns.

5.

Dumping of garbage, maintenance of feeding stations or facilities attractive to birds which are a hazard to aircraft operation. A garbage dump, sanitary landfill, or landfill which receives putrescible wastes will be considered a potential hazard to aircraft and is prohibited within the following distances:

a.

10,000 feet of any runway used or planned to be used by turbojet aircraft.

b.

5,000 feet of any runway used only by piston type aircraft.

Restrictions and standards in this section apply in addition to and in the case of conflict supersede those of the parent district.

403.8

Nonconforming uses. (a) Regulations Not Retroactive. With the exception of those uses specifically prohibited in Section 403.7, the regulations set forth in this chapter shall not be construed to require the removal, lowering or other changes or alteration of any structure or tree in existence as of the effective date of this Ordinance, nor shall any change in construction, alteration or intended use of any structure be required if the construction or alteration was begun prior to the effective date of this title and is completed within one year.

(b) Marking and Lighting. Notwithstanding the preceding subsection of this section, the owner of any nonconforming structure or tree is 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 hazards. Such markers and lights shall be installed, operated and maintained at the expense of the Sioux City Municipal Airport.

403.9

Permits. (a) Future Uses. Except as otherwise provided herein, no structure shall be erected, altered or otherwise established in any zone created by this chapter unless a permit therefor has 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 or structure would conform to the regulations herein prescribed. If such determination is in the affirmative, the permit shall be granted.

(b)

Exception.

(1)

Horizontal and Conical Zones. In the area lying with the limits of the horizontal zone and the conical zone, no permit shall be required for any structure less than 75 feet in height above the surface of the ground, except when because of terrain, land contour or topographic features such structure would extend above the height limits prescribed for such zone.

(2)

Instrument and Non-instrument Approach Zones. In the area lying within the limits of the instrument and non-instrument approach zones, but at a horizontal distance of not less than 4,200 feet from each end of the runways, no permit shall be required for any structure less than 75 feet in height above the surface of the land, except when such structure would extend above the height limit prescribed for such instrument or non-instrument approach zone.

(3)

Transition Zones. 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 structure less than 75 feet in height above the surface of the land, except when such structure, because of terrain, land contour or topographic features, would extend above the height limit prescribed for such transition zones.

(4)

Scope. Nothing contained in any of the foregoing exceptions shall be construed as permitting or intended to permit any construction, alteration or growth of any structure in excess of any of the height limits established by this chapter except as set forth in this Ordinance.

(c)

Existing Uses. No permit shall be granted that would allow the establishment or creation of an airport hazard or allow a structure to be made or become higher, or become a greater hazard to air navigation, than it was on the effective date of the Ordinance.

(d)

Variances. Any person desiring to erect or increase the height of any structure, or permit the growth of any tree, or use his 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 procedure for such an application and the standards to be applied shall be as specified in this Ordinance.

(e)

Hazard Marking and Lighting. Any permit or variance granted may, if such action is deemed advisable to effectuate the purpose of this chapter and is reasonable in the circumstances, be so conditioned as to require the owner of the structure or tree in question to permit the city, at its own expense, to install, operate and maintain thereon such markers and lights as may be necessary to indicate to pilots the presence of an airport hazard.

403.10

Administration. The building inspector is charged with the duty of administering and enforcing this chapter. Applications for permits and variances shall be made to the director of building inspection upon a form furnished by him. In all respects this chapter shall be administered and enforced pursuant to the procedures set forth elsewhere in this title, unless otherwise specified.