Sergeant Bluff City Zoning Code

   1.   District Established. An Airport Protection (AP) overlay district is established for the purpose of ensuring that development within the areas of the City that are impacted by the Siouxland Gateway Airport operations are compatible with the function and operations of the airport.

   2.   Purpose. Consistent with the Chapter 329, Airport Zoning, of the Code of Iowa, it is hereby found that an airport hazard endangers the lives and property of the users of an airport and occupants of land and other persons in its vicinity and also, if the obstruction type, in effect reduces the size of the area available for the landing, taking off, and maneuvering of aircraft, thus tending to destroy or impair the utility of the airport and the public investment therein. Accordingly, it is hereby declared that:

      A.   The creation or establishment of an airport hazard is a public nuisance and an injury to the community served by the airport.

      B.   It is necessary in the interest of the public health, safety, and general welfare that the creation or establishment of airport hazards be prevented.

      C.   The prevention of airport hazards should be accomplished, to the extent legally possible, by the exercise of the City’s police power.

      D.   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 the airport, to acquire land or property interests.

   3.   Jurisdiction. The standards, regulations, and restrictions of this section apply to lands within the corporate limits of the City.

   4.   Authority. The administration and enforcement of the regulations of this section are hereby granted to the Zoning Administrator, in coordination with the Airport Director, who shall review and act upon all applications for permits.

   5.   Conflict. In the event of any conflict between the regulations of this Zoning Code and any other regulations applicable to the same area, whether the conflict is with respect to the height of structures or trees, the use of land, or any other matter, the more stringent limitation or requirement shall govern and prevail.

   6.   Airport Zoning Commission. The Airport Zoning Commission is appointed in accordance with Section 329.9 of the Code of Iowa, Procedure for Adopting Zoning Regulations - Zoning Commission, as amended from time to time.

   7.   Applicability. All projects located within the AP District that exceed 150 feet in height shall be reviewed by the Zoning Administrator, in consultation with the Airport Director, for compliance with the provisions of the AP District.

   8.   Boundaries. The boundaries of the AP District are the extents of the airport zones within the jurisdiction of the City, as set out in Subsection 22, Zones, below.

   9.   Interpretation. All features of property within the AP District shall comply with the applicable requirements of 14 CFR § 77. The City may require a study establishing compliance at the time of a rezoning request, and may also require a similar study at the time of application for development approval. The City’s standard note requiring compliance with 14 CFR § 77 shall be required on all recorded development approvals. Where structures are allowed, the maximum height must not exceed the limitations of 14 CFR § 77 in effect at the time of permit issuance.

   10.   Disclaimer. The degree of protection provided by this section is considered reasonable for regulatory purposes and is based on planning, engineering, and scientific methods of study, and in coordination with appropriate federal agencies. This section does not imply that areas outside of the airport hazard area will be totally free from aircraft hazards or noise, and, therefore, shall not create a liability on the part of the City, or any of its officers or employees, for any damages resulting from reliance on this section.

   11.   Aviation Easement. This section may apply to land within the airport hazard area, and to development for which the Zoning Administrator, in consultation with the Airport Director, or City Council determines that conditions of approval are necessary to prevent or mitigate environmental impacts or hazards to navigation. When required, development approvals shall be conditioned upon recording an appropriate aviation easement over the parcel proposed for development. The easement shall:

      A.   Be in a form reviewed and recommended by the City Attorney and approved by the City Council.

      B.   Permit flight operations above the parcel proposed for development.

      C.   Release the aircraft operator, the airport owner and operators, and the City from liability or responsibility for the effects of their flight operations.

      D.   Recognize the right of the aircraft operator, the airport owner and operators, and the City to:

         (1)   Create noise, dust, fumes, vibration, the dispersion of fuel particles.

         (2)   Prohibit electrical interference and directed lighting or glare that would interfere with airport operations.

         (3)   Remove, mark, or light structures or other obstructions above heights specified in the easement.

      E.   Run with the land with a perpetual term.

      F.   Include language stating that, where applicable, noise mitigation construction techniques may be required to mitigate the noise to which the property is exposed.

      G.   Be recorded in the public records of Woodbury County.

   12.   Required Permit. A permit shall be applied for, considered, and, as appropriate, granted by the Airport Zoning Commission before any new structure or use may be constructed or established and before any existing use or structure may be substantially changed, altered, or repaired.

      A.   No permit will be granted that will allow the establishment or creation of an airport hazard or permit a nonconforming structure, tree, or nonconforming use to be made, become higher, or become a greater hazard to air navigation than it was when the applicable regulation was adopted or than it is when the application for a permit is made.

      B.   A permit authorizing any replacement, alteration, repair, reconstruction, growth, or replanting must be secured from the Administrator before any nonconforming structure or tree may be replaced, substantially altered or repaired, rebuilt, allowed to grow higher, or replanted.

      C.   No permit shall be required for repairs to a nonconforming structure necessitated by fire, explosion, acts of God, or the common enemy, or if the repairs do not involve expenditures exceeding more than 60 percent of the fair market value of the nonconforming structure, so long as the height of the nonconforming structure is not increased over its pre-existing height.

   13.   Permit Exceptions.

      A.   Horizontal and Conical Zones. In the area lying within 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.

      B.   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.

      C.   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.

   14.   Required Annotations on Applications for Development Approval. Applications for development approval within the AP District shall depict the boundaries of the AP District and the airport zones on or in the vicinity of the parcel proposed for development.

   15.   Required Annotations on Development Approvals.

      A.   Generally, a specific note indicating the recording information for the aviation easement that is required by Subsection 11, Aviation Easement Required, above, shall be required on all development approvals.

      B.   Site Plans and Plats. A note in a form approved by the City Attorney shall be included on each site plan and each plat that is subject to this section, which discloses the existence of the noise mitigation construction technique requirement and states the applicant’s and the applicant’s successors in interest consent to the requirements and to the City’s enforcement of the requirements.

      C.   Additional Requirements. The City shall also require, as applicable, the following annotations or disclosures on site plans or plats:

         (1)   Excerpts of the regulations of this section (transcribed or summarized).

         (2)   Noise disclosure text.

         (3)   Other notes that are intended to ensure full and adequate disclosure of the hazards and the development conditions applicable to the parcel proposed for development.

   16.   Permitted Uses. The AP District shall permit airport uses, as well as related support facilities and other uses allowed in the ML and MH Districts, provided that such allowed uses are not detrimental or hazardous to the safety of aircraft. All regulations that apply to the ML and MH Districts shall also apply to the AP District, except where such regulations conflict with Federal Aviation Administration (FAA) regulations.

   17.   Accessory Uses. Accessory facilities incidental to the normal operation of an aircraft landing field including, but not limited to, navigational aids, refueling facilities, parking and storage facilities, and offices, but not including uses that are prohibited in the ML and MH Districts, as allowed.

   18.   Use Restrictions. Notwithstanding any other provisions of this Item, no use may be made of land or water within any airport zone in a manner as to:

      A.   Create electrical interference with navigational signals or radio communication between the airport and aircraft.

      B.   Make it difficult for aircraft operators to distinguish between airport lights and other lights.

      C.   Result in glare in the eyes of aircraft operators using the airport.

      D.   Impair visibility in the vicinity of the airport.

      E.   In any way create a hazard or endanger the landing, takeoff, or maneuvering of aircraft intending to use the airport.

   19.   Space Limits. The space limits shall be the same as those applicable to the ML and MH Districts, except:

      A.   No heliport shall be located on a lot of less than 40,000 square feet.

      B.   No landing field for airplanes shall be located on a site of less than 40 acres.

      C.   The site of a landing field for airplanes shall be of sufficient size to provide at least 500 feet between the end of each runway and the nearest boundary line of such site intersecting the centerline of the longest dimension of each runway.

   20.   Height Limits. Except as provided in this section, no structure or tree shall be erected, altered, allowed to grow, or be maintained in the airport hazard area or any applicable airport zone to a height in excess of the applicable height limit established for such zone. Such height limitations are computed as follows:

      A.   Instrument Approach Zone. Height limits are as follows: 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.

      B.   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.

      C.   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, a height limit of one foot 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.

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

      E.   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.

   21.   Height Exception. Nothing in this Zoning Code shall be construed as prohibiting the growth, construction, or maintenance of any tree or structure to a height of not more than 45 feet above the surface of the land.

   22.   Zones. In order to carry out the purposes of this Item, 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 adopted by the City Council, which is on file in the Department and the office of the City Clerk, and which map, as amended from time to time, is incorporated by reference and made part of this Code. 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:

      A.   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.

      B.   Non-Instrument Approach Zone. A non-instrument approach zone is established at each end of all non-instrument runways on the Sioux Gateway 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 feet 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.

      C.   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 with 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 500 feet measured horizontally from the edge of the instrument approach zones at right angles to the continuation of the runway centerline.

      D.   Horizontal Zone. A horizontal zone is established, being a plane 150 feet above the established airport elevation (1,097 feet above mean sea level), 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.

      E.   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.

   23.   Variances. Any person desiring to erect or increase the height of any structure, permit the growth of a tree, or otherwise use property in a manner inconsistent with this section may apply to the Board of Adjustment (BOA) for a variance. Each application for a variance shall be accompanied by a determination from the Federal Aviation Administration (FAA) as to the effect of the proposed variance on the operation of air navigation facilities and the safe, efficient use of navigable airspace. Additionally, no application for a variance to the requirements of this section may be considered by the Board of Adjustment unless a copy of the application has been furnished to the Airport Director for advice as to the aeronautical effects of the variance. If the Airport Director does not respond to the application within 30 days after receipt, the Board of Adjustment may meet on its own to grant or deny the application. A variance shall be allowed only in compliance with state and federal law and where the Board of Adjustment makes the same findings for the granting of variances, and a finding that such variance will not create a hazard to air navigation. Such variance request must include the review and recommendation of the Airport Zoning Commission. A variance may be allowed subject to any reasonable conditions that the Board of Adjustment may deem necessary to effectuate the purposes of this Code; Chapter 329, Airport Zoning, of the Code of Iowa; and 14 CFR § 77.

   24.   Conditions. In granting a permit or variance, the Administrator (permit) or Board of Adjustment (variance) may, if deemed advisable to effectuate the purposes of this Code and reasonable in the circumstances, condition a permit or variance as to require the owner of the structure or tree to permit the City, at its own expense, to install, operate, and maintain such markers and lights as may be necessary to indicate to aircraft operators the presence of an airport hazard.

   25.   Nonconforming Uses and Improvements.

      A.   Generally. See Section 165A.24, Nonconforming, General Intent.

      B.   Regulations Not Retroactive. With the exception of those uses specifically prohibited in Subsection 18 of this section, Use Restrictions, above, the regulations set out in this Zoning Code 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 Code, 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 Zoning Code and is completed within one year.

      C.   Marking and Lighting. Notwithstanding Paragraph B, immediately above, the owner of any nonconforming structure or tree is required to permit the installation, operation, and maintenance of such markers and lights as shall be deemed necessary by the Administrator, in consultation with the Airport Director, 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 Gateway Airport.