1.   Purpose and Intent. The purpose of this section is to impose certain special restrictions on land use within the City, in addition to all other restrictions imposed under this chapter, in order to insure the safe operation of airborne aircraft, particularly in areas adjacent to the Waukon Municipal Airport. It is intended that such restrictions shall be coordinated with like restrictions existing under the County Zoning Ordinance.

   2.   Nuisance Declared. The creation, establishment, or maintenance of an airport hazard is hereby declared to be a public nuisance injurious to the community served by the airport and:

      A.   That it is necessary in the interest of the public health, safety, and welfare that airport hazards be prevented or abated; and

      B.   That this should be accomplished, to the extent legally possible, by proper exercise of the police power, including the use of all nuisance abatement procedures provided in this Code of Ordinances; and

      C.   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.

   3.   Definitions. The following terms are defined for purposes of this section, unless the context otherwise requires:

      A.   “Airport” means the Waukon Municipal Airport.

      B.   “Airport elevation” means the highest point of an airport’s usable landing area measured in feet above mean sea level, which elevation is established to be 1,280 feet.

      C.   “Airport hazard” means any structure or tree or use of land which would exceed the Federal Obstruction Standards as contained in 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.

      D.   “Airport primary surface” means a surface longitudinally centered on a runway. When the runway has a specially prepared hard surface, 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, and extending in length 200 feet beyond both ends of the hard surface. The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway centerline.

      E.   “Airspace height” means 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.

      F.   “Control zone” means airspace extending upward from the surface of the earth which may include one or more airports and is normally a circular area of five statute miles in radius, with extensions where necessary to include instrument approach and departure paths.

      G.   “Instrument runway” means 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.

      H.   “Minimum descent altitude” means 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.

      I.   “Minimum en route altitude” means the altitude in effect between radio fixes which assures acceptable navigational signal coverage and meets obstruction clearance requirements between those fixes.

      J.   “Minimum obstruction clearance altitude” means the specified altitude in effect between radio fixes on 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.

      K.   “Runway” means a defined area on an airport prepared for landing and takeoff of aircraft along its length.

      L.   “Structure” means any animate or inanimate thing or object constructed, erected, planted, or placed, the use of which requires that it be permanently or temporarily affixed to or placed upon or in the ground or upon or in another structure.

      M.   “Visual runway” means 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 any planning document submitted to the FAA by competent authority.

      N.   “Zoning map” means the official Airport Zoning Map of City, filed in the office of the Clerk.

   4.   Airport Zones And Airspace Height Limitations. In order to carry out the provisions of this section, there are hereby created and established certain zones which are depicted on a map to be known as the Airport Zoning Map of the City of Waukon, Iowa, which map, with all its designation and information, is hereby made a part of this section as if the same were fully set forth herein. The official Airport Zoning Map is on file in the office of the Clerk. 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 limitations. The various zones are hereby established and defined, and the height restrictions applicable to each zone are set forth, as follows:

      A.   Horizontal Zone: The land within the City lying under a horizontal plane 150 feet above the established airport elevation, the perimeter of which is constructed by swinging arcs of 5,000 feet radii from the center of each end of the primary surface of runways 7 and 25, and connecting the adjacent arcs by lines tangent to those arcs. No structure shall exceed 150 feet above the established airport elevation in the horizontal zone, as depicted on the Zoning Map.

      B.   Conical Zone: The land within the City lying under a surface extending outward and upward from the periphery of the horizontal surface at a slope of 20 to one for a horizontal distance of 4,000 feet. No structure shall penetrate the conical surface in the conical zone, as depicted on the Zoning Map.

      C.   Approach Zone: The land within the City lying under a surface longitudinally centered on the extended runway centerline and extending outward and upward from each end of the primary surface.

         (1)   The inner edge of the approach surface is 250 feet wide for Runways 7 and 25.

         (2)   The outer edge of the approach zone is 1,250 feet for Runways 7 and 25.

         (3)   The approach zone extends for a horizontal distance of 5,000 feet at a slope of 20 to one for Runways 7 and 25.

No structure shall exceed the approach surface to any runway, as depicted on the Zoning Map.

      D.   Transitional Zone: The land within the City lying under those surfaces extending outward and upward at right angles to the runway centerline and the runway centerline extended at a slope of seven to one 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 Zoning Map.

      E.   No structure within the City shall be erected 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.

   5.   Use Restrictions. Notwithstanding any other provisions 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 Waukon Municipal Airport or in the vicinity thereof.

      B.   No operations from any use shall produce smoke, glare, or other visual hazards within three statute miles of any usable runway of the Waukon Municipal Airport to the extent that such would constitute an airport hazard as defined by this section.

      C.   No operations from any use in the City shall produce electronic interference with navigation signals or radio communication between the airport and aircraft.

   6.   Lighting.

      A.   Notwithstanding any other provisions of this chapter, the owner of any structure over 200 feet above ground level shall install on the structure lighting in accordance with Federal Aviation Administration (FAA), Advisory Circular 70-7460-ID and amendments. Additionally, any structure constructed after the effective date of this chapter and exceeding 949 feet above ground level shall install on that structure high intensity white obstruction lights in accordance with Chapter 6 of FAA Advisory Circular 7460-ID and amendments.

      B.   Any permit or variance granted may be so conditioned 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.

   7.   Permits And Variances.

      A.   The Zoning Administrator shall not issue a zoning permit for a structure which would be in violation of any of the restrictions of this section unless a variance is granted by the Board of Adjustment.

      B.   No request for a variance to the requirements of this section shall be considered by the Board of Adjustment unless a copy of the application has been submitted to the Waukon Municipal Airport Commission for its opinion as to the aeronautical effects of such a variance. If the Waukon Municipal Airport Commission does not make its recommendation to the Board of Adjustment within 30 days from receipt of the copy of the application, the Board may make its decision to grant or deny the variance without such recommendation.