West Des Moines City Zoning Code
CHAPTER 13
AIRPORT HAZARD AND HEIGHT OVERLAY ZONES
9-13-1: PURPOSE:
These regulations are adopted pursuant to the authority conferred on the City Council by section 329.3 Code of Iowa and pursuant to section 414.1 Code of Iowa. The prevention of the creation or establishment of airport, mitigation or marking and lighting of existing airport hazards are public purposes and it is necessary in the interest of the public health, public safety and general welfare that creation of airport hazards be prevented. (Ord. 652, 4-14-80)
9-13-2: AIRPORT HAZARD AND HEIGHT (OVERLAY) ZONES AND THEIR 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 Airport Hazard and Height (Overlay) Zoning 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. "HZ" - Horizontal Zone (Overlay): Within the Horizontal Zone no structure shall exceed the elevation of an imaginary "horizontal surface" one hundred fifty feet (150') above the established airport elevation of nine hundred fifty eight feet (958') MSL. The boundaries of the Horizontal Zone of the Des Moines Municipal Airport which affects West Des Moines is constructed by swinging an arc of ten thousand feet (10,000') radii from the center of the primary surface of Runway 12L, 30R. (See Exhibit "A" attached to Ordinance 652 and by reference made a part of this Chapter.)
B. "CZ" - Conical Zone (Overlay): Within the Conical Zone no structure shall exceed the elevation of an imaginary "conical surface" which extends outward and upward at a slope of twenty to one (20:1) from the periphery of the horizontal surface. The Conical Zone extends outward laterally from the Horizontal Zone for a distance of four thousand feet (4,000').
C. "AZ" - Approach Zone (Overlay): Within the Approach Zone no structure shall exceed the elevation of an imaginary "approach surface" longitudinally centered on the extended runway center line and extending outward and upward from the end of the primary surface of runways 12L, 30R. The inner edge of this approach surface is one thousand feet (1,000') wide and the outer edge of the approach surface extends for a horizontal distance of ten thousand feet (10,000') at a slope of fifty to one (50:1) and then twelve thousand feet (12,000') at a slope of forty to one (40:1), and then restricted to five hundred feet (500') above the airport elevation for twenty eight thousand feet (28,000'). (See Exhibit "A" attached to Ordinance 652 and by reference made a part of this Chapter.)
D. "TZ" - Transitional Zone (Overlay): Within the Transitional Zone no structure shall exceed the elevation of an imaginary "transitional surface" which extends outward and upward at a slope of seven to one (7:1) from the sides of the approach surface for those portions of the approach surface which project outward through and beyond the limits of the conical surface. The Transitional Zone under these transitional surfaces extend a distance of five thousand feet (5,000') horizontally outward from the approach zone and at right angles to the runway center line. (See Exhibit "A" attached to Ordinance 652 and by reference made a part of this Chapter.) (Ord. 652, 4-14-80)
9-13-3: USE RESTRICTIONS:
No use may be made of land or water within West Des Moines 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 is not misleading or dangerous to aircraft operating from the Des Moines Municipal Airport or in the vicinity thereof.
B. No operations from any use shall produce smoke, glare or other visual hazards which are sufficient to endanger aircraft operating from the airport or in the vicinity thereof. When the Aviation Director believes such a hazard may exist, a determination shall be obtained from the FAA as to the existence of such a hazard.
C. No operations from any use in West Des Moines shall produce electronic interference with navigation signals or radio communication between the airport and aircraft. (Ord. 652, 4-14-80)
9-13-4: LIGHTING:
A. The owner of any structure over two hundred feet (200') above ground level must install on the structure lighting in accordance with FAA Advisory Circular 70-7460-1D and amendments. Additionally, any structure, constructed after the effective date hereof 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 variance granted as related to subsection A above may be so conditioned as to require the grantee/owner of the structures or growth in question at their expense to install, operate and maintain such markers or lights as may be necessary to indicate to pilots the presence of an airport hazard. (Ord. 652, 4-14-80)
9-13-5:VARIANCES:
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 sections of this Chapter, may apply to the Board of Adjustment for a variance from such regulations. No application for a variance to the requirements of this Chapter may be considered by the Board of Adjustment unless a copy of the application has been submitted to the Des Moines Municipal Airport Aviation Director for his opinion as to the aeronautical effects of such a variance. If the Aviation Director responds to the Board of Adjustment in favor of the variance, or if he does not respond within fifteen (15) days from receipt of the copy of the application, then the Board shall make its decision to grant or deny the variance based upon a preponderance of the evidence. If the Aviation Director responds in opposition to the variance within fifteen (15) days from receipt of the application, then the Board shall grant the variance only if clear and convincing evidence outweighs the opinion of the Aviation Director. (Ord. 652, 4-14-80)
9-13-6: ADMINISTRATION:
The City Building Inspector shall have the duty to administer the regulations prescribed in this Chapter. (Ord. 652, 4-14-80)
9-13-7: CONFLICTING REGULATIONS:
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. 652, 4-14-80)