This Chapter is adopted pursuant to the authority conferred on the City by Iowa Statutes, section 329.3. It is hereby found that an airport hazard endangers the lives and property of users of the Fort Madison Municipal Airport and property or occupants of land in its vicinity. Accordingly, it is declared:

   A.   That the creation or establishment of an airport hazard is a public nuisance and an injury to the City served by the Fort Madison Municipal Airport;

   B.   That it is necessary in the interest of the public health, public safety and general welfare that creation of airport hazards be prevented; and

   C.   That this should be accomplished, to the extent legally possible, by proper exercise of the police power; and

   D.   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 City may raise and expend public funds, as an incident to the operation of airports, to acquire land or property interests therein. (Ord. B-368, 3-2-82)

This Chapter shall be known and may be cited as the FORT MADISON MUNICIPAL AIRPORT TALL STRUCTURE ORDINANCE. (Ord. B-368, 3-2-82)

As used in this Chapter, unless the context otherwise requires:

AIRPORT: The Fort Madison Municipal Airport.

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 seven hundred twenty four feet (724').

AIRPORT HAZARD: Any structure or tree or use of land which would exceed the Federal obstruction standards as contained in fourteen (14) Code of Federal Regulations sections 77.21, 77.23 and 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 taking off of aircraft.

AIRPORT PRIMARY SURFACE: A surface longitudinally centered on a runway. When the runway has a specially prepared hard surface, the primary surface extends two hundred feet (200') 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.

AIRSPACE HEIGHT: For the purpose of determining the height limits in all zones set forth in this Chapter and shown on the Zoning Map, the datum shall be mean sea level elevation unless otherwise specified.

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 five (5) statute miles in radium with extensions where necessary to include instrument approach and departure paths.

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.

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.

MINIMUM EN ROUTE ALTITUDE: The altitude in effect between radio fixes which assures acceptable navigational signal coverage and meets obstruction clearance requirements between those fixes.

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 twenty two (22) miles of a VOR.

RUNWAY: A defined area on an airport prepared for landing and takeoff of aircraft along its length.

VOR: Visual omny range.

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 an 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. (Ord. B-368, 3-2-82; 1993 Code)

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 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:

   A.   Horizontal Zone: The land lying under a horizontal plane one hundred fifty feet (150') above the established airport elevation, the perimeter of which is constructed by:

 

 

   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:

 

 

      2.   The outer edge of the approach zone is:

 

 

      3.   The Approach Zone extends for a horizontal distance of:

 

 

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 obstruction clearance altitude or minimum en route altitude to be increased on any Federal airway in Fort Madison. (Ord. B-368, 3-2-82)

Notwithstanding any other provisions of Section 10-26-4 of this Chapter, no use may be made of land or water within the City in such a manner as to interfere with the operation of any airborne aircraft. The following special requirements shall apply to each permitted use:

   A.   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.

   B.   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.

   C.   No operations from any use in the City shall produce electronic interference with navigation signals or radio communication between the airport and aircraft. (Ord. B-368, 3-2-82)

   A.   Notwithstanding the provisions of Section 10-26-5 of this Chapter, the owner of any structure over two hundred feet (200') above ground level must install on the structure lighting in accordance with Federal Aviation Administration (FAA), Advisory Circular 70-7460-1D and amendments. Additionally, any structure, constructed after the effective date of this Chapter and exceeding nine hundred forty nine feet (949') above ground level, must install on that structure high intensity white obstruction lights in accordance with chapter 6 of FAA Advisory Circular 7460-1D and amendments.

   B.   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, 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 an airspace hazard. (Ord. B-368, 3-2-1982)

Any person desiring to erect or 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 Chapter, may apply to the Board of Adjustment and Appeals for variance from such regulations. No application for variance to the requirements of this Chapter may be considered by the Board of Adjustment and Appeals 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 and Appeals within fifteen (15) days from receipt of the copy of the application, the Board may make its decision to grant or deny the variance. (Ord. B-368, 3-2-1982; amd. 1993 Code)

   A.   The Fort Madison Board of Adjustment and Appeals 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 Chapter;

      2.   To hear and decide special exemptions to the terms of this Chapter upon which such Board of Adjustment and Appeals under such regulations may be required to pass; and

      3.   To hear and decide specific variances.

   B.   The Board of Adjustment and Appeals shall have the powers established in Iowa Statutes, section 414.12. (Ord. B-368, 3-2-1982; amd. 1993 Code)

Any person aggrieved, or any taxpayer affected, by any decision of the Board of Adjustment and Appeals, may appeal to the Court of Record as provided in Iowa Statutes, section 414.15. (Ord. B-368, 3-2-1982; amd. 1993 Code)

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 Chapter to be submitted to the administrative agency shall be promptly considered and granted or denied. (Ord. B-368, 3-2-1982)

Where there exists a conflict between any of the regulations or limitations prescribed in this Chapter and any other regulations applicable to the same area, whether the conflict be with respect to height of structures, the use of land, or any other matter, the more stringent limitation or requirement shall govern and prevail. (Ord. B-368, 3-2-1982)

Each violation of this Chapter or of any regulation, order or ruling promulgated hereunder shall constitute a misdemeanor, and be punishable by a fine of not more than two hundred dollars ($200.00) or imprisonment for not more than thirty (30) days, or both; and each day a violation continues to exist shall constitute a separate offense. (Ord. B-368, 3-2-1982; amd. Ord. C-322, 4-4-2000)