Chapter 18.67
AIRPORT LAND USE AND HEIGHT OVERLAY
Sections:
18.67.030 Statement of purpose and findings.
18.67.070 Airspace obstruction zones.
18.67.080 Land use safety zones.
18.67.090 Airport overlay zoning maps.
18.67.100 Chapter administration.
18.67.110 Airport overlay zoning permits.
18.67.120 Hazardous markings and lighting.
18.67.140 Airport Zoning Commission.
18.67.150 Airport Board of Adjustment.
18.67.210 Conflicting regulations.
18.67.010 Introduction.
This chapter shall regulate and restrict the height of structures, objects, and growth of natural vegetation, as well as land uses; otherwise regulating the use of property, within the vicinity of the Waterloo Regional Airport. Creation of appropriate zones and establishing the boundaries thereof, as well as providing for changes in the restrictions and boundaries of such zones is vested in this chapter. The Waterloo Regional Airport land use and height zoning maps are incorporated into and made part of this chapter. The chapter also provides for the enforcement of this chapter, the recognition of the Airport Board of Adjustment; and imposition of penalties related to the implementation of this chapter. [Ord. 140 § 1, 2018.]
18.67.020 Authority.
Iowa Code Section 329.3, Airport Zoning, empowers local municipalities to zone airports including height restrictions and land uses. [Ord. 140 § 2, 2018.]
18.67.030 Statement of purpose and findings.
The Waterloo Regional Airport (hereafter referred to as “the airport”) is acknowledged as an essential public facility to the state of Iowa and the local community. The creation or establishment of an airport hazard is a public nuisance and poses a potential concern to the surrounding communities served by the airport.
There shall be no creation or establishment of a hazard that endangers the public health, safety, welfare, and impact an individual’s quality of life, nor prevent the safe movement of aircraft at the airport. For the protection of the public health, safety, and general welfare, and for the promotion of the most appropriate use of land, it is necessary to prevent the creation or establishment of airport hazards.
The prevention of airport hazards shall be accomplished, to the extent legally possible, by proper exercise of the police power. The prevention of new airport hazards, and the elimination, removal, alteration, mitigation, or marking and lighting of existing airport hazards, are considered to be a public purpose for which the City of Cedar Falls, City of Waterloo, and Black Hawk County may raise and expend public funds, as an incident to the operation of airports, to acquire or property interest therein. [Ord. 140 § 3, 2018.]
18.67.040 Short title.
This chapter shall be known and may be cited as the airport ordinance, and it is referred to as “the ordinance” within the following sections. [Ord. 140 § 4, 2018.]
18.67.050 Applicability.
This chapter encompasses a general area around the airport. Specific dimensions associated with the zoning boundary are shown in the airport land use and height zoning maps. [Ord. 140 § 5, 2018.]
18.67.060 Definitions.
The following definitions shall be utilized for terms as appropriate to this chapter:
“Air traffic” (FAA FAR Section 1.1) means aircraft operating in the air or on an airport surface, exclusive of loading ramps and parking areas.
“Airport” (FAA FAR Section 152.3) means any areas of land or water that are used, or intended for use, for the landing and takeoff of aircraft. Any appurtenant areas that are used, or intended for use, for airport buildings, other airport facilities, or rights-of-way; and all airport buildings and facilities located on the areas specified in this definition.
“Airport elevation” (FAA AC 150/5190-4A) means the highest point on an airport’s usable landing area measured in feet from sea level.
“Airport environs” means the land use and people in the areas surrounding an airport which can be directly affected by the operation of the airport.
“Airport hazard” (FAA FAR Section 152.3) means any structure or object of natural growth located on or in the vicinity of a public airport, or any use of land near a public airport that obstruct the airspace required for the flight of aircraft landing or taking off at the airport; or is otherwise hazardous to aircraft landing or taking off at the airport.
“Airport layout plan (ALP)” (FAA FAR Section 152.3) means the plan of an airport showing the layout of existing and proposed airport facilities.
“Airport overlay zones” means a zone intended to place additional land use conditions on land impacted by the airport while retaining the existing underlying zone. The FAR Part 77, Surfaces and RPZs, have been combined to create five airport overlay zones. The five specific zones create a comprehensive area focused on maintaining compatible land use around airports.
1. Zone A is intended to provide a clear area that is free of aboveground obstructions and structures. This zone is closest to the individual runway ends.
2. Zone B is a critical overlay surface that reflects the approach and departure areas for each runway at an airport. The size of Zone B is predicated upon the type of approach (visual, nonprecision, or precision) that a specific runway has and the type/size of aircraft utilizing the runway.
3. Zone C includes those areas that are parallel to the runway pavement and extend 1,050 feet from the edge of the primary surface.
4. Zone D is typically elliptical in shape, depending upon the runway types and configurations at an individual airport.
5. Zone E is the outermost zone of the overlay areas and has the least number of land use restriction considerations. The zone begins at the edge of the horizontal surface and is 4,000 feet in width paralleling the horizontal surface.
“Airport reference code (ARC)” is an FAA coding system used to relate airport design criteria to the operational and physical characteristics of the airplanes intended to operate at the airport.
“Airport reference point (ARP)” (FAA AC 150/5300-13) means the latitude and longitude of the approximate center of the airport.
“Airport zoning permit” means an airport zoning permit allowing new development or alteration or expansion of a nonconforming use.
“Airside” means that portion of the airport facility where aircraft movements take place, airline operations areas, and areas that directly serve the aircraft, such as taxiway, runway, maintenance and fueling areas.
“Airspace” means the space lying above the earth or above a certain area of land or water that is necessary to conduct aviation operations.
Approach and Runway Protection Zone Map. The Approach and Runway Protection Zone Map is compiled from the criteria in FAR Part 77, “Objects Affecting Navigable Airspace.” It shows the area affected by the airport overlay zoning ordinance and includes the layout of runways, airport boundaries, elevations, and area topography. Applicable height limitation areas are shown in detail.
“Approach slopes (FAA Part 77)” means the ratios of horizontal to vertical distance indicating the degree of indication of the approach surface. The various ratios include:
1. 20:1 – For all utility and visual runways extended from the primary surface a distance of 5,000 feet.
2. 34:1 – For all nonprecision instrument runways extended from the primary surface for a distance of 10,000 feet.
3. 50:1/40:1 – For all precision instrument runways extending from the primary surface for a distance of 10,000 feet at an approach slope of 50:1 and an additional 40,000 feet beyond this at a 40:1 approach slope.
“Approach surface” (FAA AC 150/5190-4A) means a surface longitudinally centered on the extended runway centerline, extending outward and upward from the end of the primary surface and at the same slope as the approach zone height limitation slope set forth in this chapter. In plan the perimeter of the approach surface coincides with the perimeter of the approach zone.
“Avigation easement” means a grant of a property interest in land over which a right of unobstructed flight in the airspace is established.
“Building codes” means codes, either local or state, that control the functional and structural aspects of buildings and/or structures. Local ordinances typically require proposed buildings to comply with zoning requirements before building permits can be issued under the building codes.
“Commercial uses” means a use category including land uses or activities involving the production, processing, manufacturing, or sale of goods or services for financial gain, including uses that provide merchandise to the general public. Accessory uses may include offices, storage, food service, or other amenities primarily for the use of employees and parking.
“Compatibility” means the degree to which land uses or types of development can coexist or integrate.
“Easement” (FAA AC 5020-1) means the legal right of one party to use a portion of the total rights in real estate owned by another party. This may include the right of passage over, on, or below property; certain air rights above the property, including view rights; and the rights to any specified form of development or activity, as well as any other legal rights in the property that may be specified in the easement document.
“Federal Aviation Administration (FAA)” means a federal agency charged with regulating air commerce to promote its safety and development; encourage and develop civil aviation, air traffic control, air navigation; and promoting the development of a national system of airports.
“Federal Aviation Regulations (FAR)” means regulations established and administered by the FAA that govern civil aviation and aviation-related activities.
1. FAR Part 36 (FAA FAR Section 36.1). Regulation establishing noise standards for the civil aviation fleet.
2. FAR Part 91 (FAA FAR Section 91.1). Regulation pertaining to air traffic and general operating rules, including operating noise limits.
3. FAR Part 150 (FAA FAR Section 150.1). Regulation pertaining to airport noise compatibility planning.
4. FAR Part 161 (FAA FAR Section 161.1). Regulation pertaining to notice and approval of airport noise and access restrictions.
5. FAR Part 77 (FAA FAR Section 77.1), Objects Affecting Navigable Airspace. Part 77 (a) establishes standards for determining obstructions in navigable airspace; (b) defines the requirements for notice to the FAA Administrator of certain proposed construction or alteration; (c) provides for aeronautical studies of obstructions to air navigation to determine their effect on the safe and efficient use of airspace; (d) provides for public hearings on the hazardous effect of proposed construction or alteration on air navigation; and (e) provides for establishing antenna farm areas.
“General aviation airport” means any airport that is not an air carrier or a military facility.
“Height” is utilized for the purpose of determining the height limits in all zones set forth in this chapter and shown on the official airport land use and height zoning map; height shall be measured as the highest point of a structure, tree, or other object of natural growth, measured from the mean sea level elevation unless otherwise specified.
“Hold harmless agreement” means an agreement which holds airport sponsors or jurisdictions harmless for alleged damages resulting from airport operations. Such agreements are recorded in deeds or permits as a condition of approval of a regulatory land use decision.
“Imaginary surfaces” (FAA FAR Part 77.25) means those areas established in relation to the airport and to each runway consistent with FAR Part 77 in which any object extending above these imaginary surfaces, by definition, is an obstruction.
1. Transitional Surface. The transitional surface extends outward and upward at right angles to the runway centerline and extend at a slope of seven feet horizontally for each one foot vertically (7:1) from the sides of the primary and approach surfaces. The transitional surfaces extend to the point at which they intercept the horizontal surface at a height of 150 feet above the established airport elevation.
2. Horizontal Surface. The horizontal surface is a horizontal plane located 150 feet above the established airport elevation and encompasses an area from the transitional surface to the conical surface. The perimeter is constructed by generating arcs from the center of each end of the primary surface and connecting the adjacent arcs by lines tangent to those arcs.
3. Conical Surface. The conical surface extends upward and outward from the periphery of the horizontal surface at a slope of 20 feet horizontally for every one foot vertically (20:1) for a horizontal distance 4,000 feet.
4. Approach Surface. The approach surface is longitudinally centered on the extended runway centerline and extends outward and upward from the end of the runway primary surface. The approach slope of a runway is a ratio of 20:1, 34:1, or 50:1, depending on the approach type. The length of the approach surface varies from 5,000 to 50,000 feet and also depends upon the approach type.
“Incompatible land use” (FAA FAR Section 150.7) means the use of land which is normally incompatible with the aircraft and airport operations (such as, but not limited to, homes, schools, nursing homes, hospitals, and libraries).
“Industrial, wholesale trade, and storage uses” is a use category including the following use types:
1. Industrial development or uses involved in the research, design, manufacturing, processing, fabrication, packaging, or assembly of goods. Natural, manmade, raw, secondary, or partially completed materials may be used. Products may be finished or semi-finished and are generally made for the wholesale market, for transfer to other plants, or to order for firms or customers. Goods are generally not displayed or sold on site, but if so, they are a subordinate part of sales (typically 10 percent or less of the total gross floor area). Relatively few customers come to the site.
2. Industrial, manufacturing, wholesale trade, and warehouse/storage uses including uses that produce goods from raw or finished materials, uses that distribute goods in large quantities to primarily wholesale customers, or provide for storage or warehousing of goods, either in enclosed buildings or outdoors. Few customers, especially the general public, come to the site. Accessory activities may include sales, offices, parking, and storage.
“Itinerant operation” (FAA AC 150/5325-4B) means takeoff or landing operations of airplanes going from one airport to another airport that involve a trip of at least 20 miles. Local operations are excluded.
“Land use compatibility” means the coexistence of land uses surrounding the airport with airport-related activities.
“Lighting and marking of hazards to air navigation” means installation of appropriate lighting fixtures, painted markings or other devices to such objects or structures that constitute hazards to air navigation.
“Mitigation” means the avoidance, minimization, reduction, elimination or compensation for adverse environmental effects of a proposed action.
“Navigable airspace” means the airspace above minimum altitude for safe flight, and includes the airspace needed to ensure safety in takeoff and landing of aircraft.
“Navigation aids” (NAVAID) means any facility used by an aircraft for guiding or controlling flight in the air or the landing or takeoff of an aircraft.
“Noise exposure contours” means the lines drawn around a noise source indicating constant energy levels of noise exposure. For this chapter, day-night average sound levels (DNL), which averages noise level over a 24-hour period of time, will be used as the measure to describe community exposure to noise.
“Noise impact” means a condition that exists when the noise levels that occur in an area exceed a level identified as appropriate for the activities in that area.
“Noise-sensitive area” (FAA AC 91-36D) is defined as an area where noise interferes with normal activities associated with the area’s use. Examples of noise-sensitive areas include residential, educational, health, and religious structures and sites, and parks, recreational areas (including areas with wilderness characteristics), wildlife refuges, and cultural and historical sites where a quiet setting is a generally recognized feature or attribute.
“Nonconforming use” means any preexisting structure, tree, or use of land that is inconsistent with the provisions of the local land use or airport master plans.
“Object” (FAA AC 150/5300-13) includes, but is not limited to, aboveground structures, NAVAIDs, people, equipment, vehicles, natural growth, terrain, and parked aircraft.
“Obstacle free zone (OFZ)” (FAA 150/5300-13) is the airspace below 150 feet above the established airport elevation and along the runway and extended runway centerline that is required to be clear of all objects, except for the frangible visual NAVAIDs that need to be located in the OFZ because of their function, in order to provide clearance protection for the aircraft landing or taking off from the runway, and for missed approaches.
“Obstruction” (FAA AC 150/5190-4A) means any structure, growth, or other object, including a mobile object, which exceeds a limiting height, specific to its geographic location relative to the runway/airport.
“Off-airport property” means property that is beyond the boundary of land owned by the airport sponsor.
“On-airport property” means property that is within the boundary of land owned by the airport sponsor.
“Overlay zone” means a mapped zone that imposes a set of requirements in addition to those of the underlying zoning district.
“Primary runway” (FAA AC 150/5325-4B, General Definition) means the runway used for the majority of airport operations. Large, high-activity airports may operate two or more parallel primary runways.
“Primary surface” (FAA AC 150/5190-4A) means a surface longitudinally centered on a runway. When the runway has a specially prepared hard surface, the primary surface extends 200 feet beyond each end of that runway; for military runways or when the runway has no specially prepared hard surface, or planned hard surface, the primary surface ends at each end of that runway. The width of the primary surface is set forth in FAR Part 77. The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway centerline.
“Public assembly use” means a structure or outdoor facility where concentrations of people gather for purposes such as deliberation, education, shopping, business, entertainment, amusement, sporting events, or similar activities, but excluding air shows. “Public assembly use” does not include places where people congregate for relatively short periods of time, such as parking lots and bus stops, or uses approved by the FAA in an adopted airport master plan.
“Public use airport” (FAA AC 150/5190-6) means either a publicly owned airport or a privately owned airport open for public use.
“Residential and accommodation uses” means a use category that includes the following use types:
1. Residential uses that provide living accommodations, including sleeping, eating, cooking and sanitary facilities, to one or more persons, and where tenancies typically last longer than 30 days.
2. Accommodation uses characterized by visitor-serving facilities that provide temporary lodging in guest rooms or guest units, for compensation, and with an average length of stay of less than 30 days. Accessory uses may include pools and other recreational facilities for the exclusive use of guests, limited storage, restaurants, bars, meeting facilities, and offices.
“Runway protection zone (RPZ)” (FAA AC 150/5300-13) means an area off the runway end designed to enhance the protection of people and property on the ground.
“Runway safety area” (FAA AC 150/5300-13) means a defined surface surrounding the runway prepared or suitable for reducing the risk of damage to airplanes in the event of an overshoot, or excursion from the runway.
“Structure” means any object constructed or installed by humans, including, but without limitation, buildings, towers, smokestacks, and overhead transmission lines, including the poles or other structures supporting the same.
“Utility runway” means a utility runway constructed for and intended to be used by propeller driven aircraft of 12,500 pounds gross weight or less.
“Variance” means an authorization for the construction or maintenance of a building or structure, or for the establishment or maintenance of a use of land that is prohibited by a zoning ordinance. A lawful exception from specific zoning ordinance standards and regulations predicated on the practical difficulties and/or unnecessary hardships on the petitioner being required to comply with those regulations and standards from which an exemption or exception is sought.
“Visual approach” means an approach to an airport conducted with visual reference to the terrain.
“Visual flight rules (VFR)” (FAA FAR Section 170.3) means rules that govern the procedures for conducting flight under visual conditions. The term “VFR” is also used in the United States to indicate weather conditions that are equal to or greater than minimum VFR requirements. In addition, “VFR” is used by pilots and controllers to indicate the type of flight plan.
“Visual runway” (FAA AC 150/5300-13) means a runway without an existing or planned straight-in instrument approach procedure.
“Wetland” (FAA AC 150/5200-33A) means land on which water covers the soil or is present either at or near the surface of the soil or within the root zone, all year or for varying periods of time during the year, including during the growing season. Wetlands provide a variety of functions and can be regulated by local, state, and federal laws. Normally, wetlands are attractive to many types of wildlife, including many which rank high on the list of hazardous wildlife species.
“Wildlife attractants” means any human-made structure, land use practice, or human-made or natural geographic feature that can attract or sustain hazardous wildlife within the landing or departure airspace or the airport’s air operations area. These attractants include, but are not limited to, architectural features, landscaping, waste disposal sites, wastewater treatment facilities, agricultural or aquaculture activities, surface mining, or wetlands.
“Wildlife hazards” means species of wildlife (birds, mammals, reptiles), including feral animals and domesticated animals not under the control, that are associated with aircraft strike problems, are capable of causing structural damage to airport facilities, or act as attractants to other wildlife that pose a strike hazard. [Ord. 140 § 6, 2018.]
18.67.070 Airspace obstruction zones.
The airport height overlay zoning districts are illustrated on the official waterloo airport land use and height zoning map, attached and made part of this chapter. Such official airport land use and height zoning map may be amended, and all notations, references, elevations, data, zone boundaries, and other information thereon, is hereby adopted as part of this chapter. [Ord. 140 § 7, 2018.]
18.67.080 Land use safety zones.
FAR Part 77, Surfaces and RPZs, have been combined to create five airport overlay zones. These five zones are designed to maintain compatible land uses around the airport. The zones shall be evaluated for compatible land uses.
A. Definition of Zones. Five airport overlay zoning districts are prescribed within this chapter. Specific dimensions for the individual zones for each runway end are noted in the following tables and text. The airport land use and height zoning maps should be evaluated to determine the specific area of impact associated with each zone.
1. Zone A – Runway Protection Zone (RPZ). Zone A is intended to provide a clear area that is free of aboveground obstructions and structures. This zone is closest to the individual runway ends. The dimensional standards for this zone are the same as those described in the Airport Design AC (AC 150/5300-13 Change 11) and are shown in the following table:
|
Runway Ends |
Approach Visibility Minimums1 |
Dimensions |
|||
|---|---|---|---|---|---|
|
Length |
Inner Width |
Outer Width |
RPZ acres |
||
|
Runway 6 |
Nonprecision |
1,700 |
1,000 |
1,510 |
48.978 |
|
Runway 24 |
Nonprecision |
1,700 |
1,000 |
1,510 |
48.978 |
|
Runway 12 |
Precision |
2,500 |
1,000 |
1,750 |
78.914 |
|
Runway 30 |
Nonprecision |
2,500 |
1,000 |
1,750 |
78.914 |
|
Runway 18 |
Nonprecision |
1,700 |
1,000 |
1,510 |
48.978 |
|
Runway 36 |
Nonprecision |
1,700 |
1,000 |
1,510 |
48.978 |
1 The RPZ dimensional standards are for the runway end with the specified approach visibility minimums. The departure RPZ dimensional standards are equal to or less than the approach RPZ dimensional standards. When an RPZ begins other than 200 feet beyond the runway end, separate approach and departure RPZs should be provided. Refer to FAA AC 150/5300-13, Change 11, Appendix 14 for approach and departure RPZs.
Source: FAA AC 150/5300-13, Change 11, Airport Design Standards
2. Zone B – Approach Surface. Zone B is a critical airport overlay zoning surface that reflects the approach and departure areas for each runway at an airport. The size of Zone B is predicated upon the type of approach (visual, nonprecision, or precision) that a specific runway has and the type/size of aircraft utilizing the runway. The following table illustrates the various sizes of Zone B based upon the specific runway criteria. A portion of Zone B is overlain by Zone A because the approach surface and RPZ overlap the entire length of the RPZ. Consequently, the length of Zone B begins at the inner edge of the RPZ.
3. Zone C – Transitional Surface. Zone C includes those areas that are parallel to the runway pavement and extend 1,050 feet from the edge of the primary surface paralleling the runway and extended runway centerline until they reach the end of Zone A at a 90-degree angle. The specific dimensions for Zone C are based upon various options for the primary surface that is predicated upon the type of approach and critical aircraft.
4. Zone D – Horizontal Surface. Zone D is typically elliptical in shape, depending upon the runway types and configurations at individual airports.
5. Zone E – Conical Surface. Zone E is the outermost zone of the airport overlay zoning areas and has the least number of land use restriction considerations. The zone begins at the edge of the horizontal surface and is 4,000 feet in width paralleling the horizontal surface.
|
Item |
Runway Dimensional Standards (Feet) |
|||||
|---|---|---|---|---|---|---|
|
Runway 6 |
Runway 24 |
Runway 12 |
Runway 30 |
Runway 18 |
Runway 36 |
|
|
Primary surface width and |
500 |
500 |
1,000 |
1,000 |
500 |
500 |
|
Zone B end width |
3,500 |
3,500 |
16,000 |
4,000 |
3,500 |
3,500 |
|
Zone B length |
10,000 |
10,000 |
10,000* |
10,000 |
10,000 |
10,000 |
|
Zone C width |
1,050 |
1,050 |
1,050 |
1,050 |
1,050 |
1,050 |
|
Zone D radius |
10,000 |
10,000 |
10,000 |
10,000 |
10,000 |
10,000 |
|
Zone E width |
4,000 |
4,000 |
4,000 |
4,000 |
4,000 |
4,000 |
* The length of Zone B for a precision instrument runway is 10,000 feet for the purposes of the land use zone. The FAR Part 77 surface which it is based upon extends for an additional 40,000 feet.
Source: FAA AC 150/5300-13, Change 11, Airport Design Standards
B. Zone Compatibility. The following tables shall be utilized to evaluate land use compatibility for various land use classifications.
Uses identified as compatible shall not require additional review. However, consideration should be given to the following areas of concern:
1. Noise-sensitive-related issues;
2. High concentrations of people;
3. Tall structures;
4. Visual obstructions;
5. Wildlife and bird attractants;
6. Flammable substances and materials;
7. Electrical, navigation, and radio interference.
Uses found to be not compatible shall be precluded from development within the specific zone.
Uses found to require additional review shall be evaluated for general compatibility utilizing the Compatible Land Use Planning Checklist and the seven primary areas of concern noted above.
|
C = Compatible AR = Additional Review Required NC = Not Compatible |
|||||
|---|---|---|---|---|---|
|
Land Uses |
Zone A |
Zone B1 |
Zone C1 |
Zone D |
Zone E |
|
Residential Activities |
|||||
|
Single Dwelling Unit Uses (one dwelling per lot) |
|||||
|
Detached Single Dwelling Unit (i.e., farm dwelling, detached single home, manufactured/modular homes if converted to real property and taxed) |
NC |
AR |
AR |
AR |
C |
|
Detached Zero Lot Line Dwelling (i.e., condominium) |
NC |
AR |
AR |
AR |
C |
|
Attached Single Dwelling Unit (i.e., townhouses) |
NC |
AR |
AR |
AR |
C |
|
Two-Dwelling Unit Uses (i.e., two principal dwelling units within one building on the same parcel) |
NC |
AR |
AR |
AR |
C |
|
Multi-Dwelling Unit Uses (i.e., three or more principal dwelling units within a single building on the same parcel, apartments such as condominium, elder, assisted living, townhouse-style) |
|||||
|
Low-Rise (one to three levels) |
NC |
AR |
AR |
AR |
C |
|
Group Living Uses (i.e., assisted living, group care facilities, nursing and convalescent homes, independent group living) |
NC |
AR |
AR |
AR |
C |
|
Manufactured Housing Parks |
NC |
AR |
AR |
AR |
C |
|
Commercial Activities |
|||||
|
Eating and Drinking Establishments (i.e., restaurants, cafes, coffee shops, fast food restaurants, bars, nightclubs, taverns, cocktail lounges) |
NC |
AR |
AR |
C |
C |
|
Quick Vehicle Servicing Uses (i.e., full-serve and mini-serve gas station, unattended card key service stations, car washes) |
NC |
AR |
AR |
C |
C |
|
Office Uses (i.e., business, government, professional, medical, or financial) |
|||||
|
General Office (i.e., professional offices, financial businesses, government offices) |
NC |
AR |
AR |
AR |
C |
|
Low-Rise (one to three levels) |
NC |
AR |
AR |
AR |
C |
|
Medical/Dental Office (i.e., medical and dental clinics, chiropractic clinics, physical therapy clinics) |
NC |
AR |
AR |
AR |
C |
|
Retail Uses (i.e., sale, lease, or rent of new or used products) |
|||||
|
Sales-Oriented (i.e., appliances, convenience stores, bakeries, electronics, furniture, garden supplies, gas stations, groceries, hardware, malls, strip malls, videos) |
NC |
AR |
AR |
AR |
C |
|
Personal Service-Oriented (i.e., retail service-banking establishments, laundromats/dry cleaning, quick printing services, beauty/tanning salons, funeral homes) |
NC |
AR |
AR |
AR |
C |
|
Repair-Oriented (i.e., consumer goods-electronics, office equipment, appliances) |
NC |
AR |
AR |
AR |
C |
|
Hospitality-Oriented (hotels, motels, convention centers, meeting halls, event facilities) |
NC |
AR |
AR |
AR |
C |
|
Low-Rise (one to three levels) |
NC |
AR |
AR |
AR |
C |
|
Outdoor Storage and Display-Oriented (i.e., outdoor storage-lumber yards, vehicle sales, landscape material and nursery product sales, farm supply and equipment sales) |
NC |
AR |
AR |
AR |
C |
|
Surface Passenger Services (i.e., passenger terminals for buses, rail services, local taxi and limousine services) |
NC |
AR |
AR |
C |
C |
|
Vehicle Repair Uses (i.e., vehicle repair or service shops, alignment shops, tire sales) |
NC |
AR |
AR |
C |
C |
|
Industrial/Manufacturing Activities |
|||||
|
Industrial Service Uses (i.e., machine shops, tool repair, towing and vehicle storage, building supply yards, heating/plumbing/electrical contractors, exterminators, janitorial services, fuel oil distributors, solid fuel yards) |
NC |
AR |
AR |
AR |
C |
|
Manufacturing and Production Uses (i.e., manufacturing, processing, fabrication, packaging or assembly of goods) |
|||||
|
Technical/Light Manufacturing (i.e., electrical components, engineering, scientific and research, office, computer hardware/software, optical, pharmaceuticals, printing/photo facilities, publishing) |
NC |
AR |
AR |
AR |
C |
|
General Manufacturing (i.e., manufacturing, compounding, assembling or treatment of most articles, materials, or merchandise) |
NC |
AR |
AR |
AR |
C |
|
Heavy Manufacturing (i.e., concrete and asphalt plants, meat packing plants, wet corn milling, manufacturing of animal feed, paper/paperboard mills, ethanol plants) |
NC |
AR |
AR |
AR |
C |
|
Mining and Extraction Uses |
NC |
AR |
AR |
AR |
C |
|
Salvage Operations (i.e., firms that collect, store, and dismantle damaged or discarded vehicles, machinery, appliances, and building material) |
NC |
AR |
AR |
C |
C |
|
Self-Service Storage Uses (i.e., mini-warehouses/storage facilities) |
NC |
C |
C |
C |
C |
|
Warehouse and Freight Uses (i.e., major wholesale distribution centers, general freight storage, railroad switching yards, bus/rail car storage lots, parcel service, grain terminals) |
NC |
C |
C |
C |
C |
|
Waste-Related Uses (i.e., recycling centers, sanitary landfills, waste transfer stations, composting, energy recovery plants, sanitary and water treatment facilities, sanitary collection/pumping facilities, hazardous waste collection sites) |
AR |
AR |
AR |
AR |
AR |
|
Wholesale Sales Uses (i.e., sale, lease, or rental of products to retailers for industrial, institutional, or commercial business users) |
NC |
AR |
AR |
AR |
C |
|
Institutional Activities |
|||||
|
Basic Utility Uses (i.e., utility substation facilities, electrical substations, water and sewer lift stations, water towers) |
NC |
AR |
AR |
AR |
C |
|
College and Universities (i.e., public or private colleges and universities, technical colleges, seminaries) |
NC |
AR |
AR |
AR |
C |
|
Community Service Uses (i.e., public, nonprofit, or charitable nature providing a local service to the people |
|||||
|
General Community Service (i.e., libraries, museums, transit centers, park and ride facilities, senior/community/neighborhood centers, police and fire stations) |
NC |
AR |
AR |
AR |
C |
|
Community Service-Shelter (i.e., transient housing) |
NC |
AR |
AR |
AR |
C |
|
Day Care Uses (i.e., child care centers, adult day care, preschools, after school programs) |
NC |
AR |
AR |
AR |
C |
|
Detention Facilities (i.e., prisons, jails, probation centers, juvenile detention homes, halfway houses) |
NC |
AR |
AR |
AR |
C |
|
Educational Facilities (i.e., public and private schools) |
|||||
|
General Educational Facilities (i.e., public and private elementary, middle, junior, and senior high schools including religious, boarding, military schools) |
NC |
AR |
AR |
AR |
C |
|
Specialized Education Facilities (i.e., specialized trade, business, or commercial courses, non-degree-granting schools) |
NC |
AR |
AR |
AR |
C |
|
Hospitals (i.e., hospitals, medical centers) |
NC |
AR |
AR |
AR |
C |
|
Religious Assembly Uses (i.e., churches, temples, synagogues, mosques, Masonic, eagle, moose, or elk lodges) |
NC |
AR |
AR |
AR |
C |
|
Infrastructure Activities |
|||||
|
Communication Transmission Facility Uses (i.e., broadcast, wireless, point-to-point, emergency towers and antennas) |
NC |
AR |
AR |
AR |
AR |
|
Parking Uses (i.e., ground lots, parking structures) |
AR |
C |
C |
C |
C |
|
Transportation Uses (i.e., highways, interstates, local and county roads) |
AR |
C |
C |
C |
C |
|
Utility Uses (i.e., solar power generation equipment, wind generators, wind farms) |
NC |
AR |
AR |
AR |
AR |
|
Agricultural Uses (i.e., commercial cultivation of plants, livestock production) |
|||||
|
Plant-related (i.e., crop farming, vegetable, fruit, and tree, wholesale plant nurseries) |
C |
C |
C |
C |
C |
|
Animal-related (i.e., livestock operations, dairy farms, horse farms) |
AR |
AR |
AR |
C |
C |
|
Resident-related (i.e., single-unit home, mobile home if converted to real property and taxed) |
NC |
AR |
AR |
AR |
C |
|
Facility-related (i.e., fuel bulk storage/pumping facility, grain elevator, livestock/seed/grain sales) |
NC |
AR |
AR |
AR |
AR |
|
Water Bodies (i.e., open bodies containing water), Wildlife Areas, and Floodplains |
|||||
|
Manmade resources (i.e., mining and extraction, water detention ponds, wetlands) |
NC |
AR |
AR |
AR |
AR |
|
Naturally occurring (i.e., lakes, ponds, prairie pot holes, rivers, streams, wetlands) |
NC |
AR |
AR |
C |
C |
|
Wildlife Preservation Areas (i.e., petting zoos, wildlife rehabilitation centers, zoos) |
NC |
AR |
AR |
AR |
C |
|
Floodplains |
AR |
AR |
AR |
C |
C |
|
Parks and Recreation Activities |
|||||
|
Commercial Recreational Uses (i.e., facilities used for physical exercise, recreation, or culture) |
|||||
|
Outdoor (i.e., campgrounds, tennis/swimming facilities, drive-in theaters, skating rinks, pavilions, amphitheaters) |
NC |
AR |
AR |
AR |
C |
|
Indoor (i.e., physical fitness centers, health clubs, bowling alleys, skating rinks, billiard halls, arcades, indoor theaters) |
NC |
AR |
AR |
AR |
C |
|
Golf (i.e., golf driving ranges, outdoor miniature golf, nine+ hole courses) |
NC |
AR |
AR |
C |
C |
|
Utility Uses (i.e., amusement/theme parks, fairgrounds, racetracks, sports arenas) |
NC |
AR |
AR |
AR |
AR |
|
Parks (i.e., aquatic, mini, private, sports, neighborhood, school, community) |
NC |
AR |
AR |
C |
C |
|
Casino |
NC |
AR |
AR |
AR |
C |
1 Table 3, including both the land use and height restrictions (FAA Part 77), shall apply to areas defined as “Zone B” and “Zone C” inside of the conical surface (“Zone E”), as shown on the airport land use and height zoning map. For areas defined as “Zone B” and “Zone C” outside of the conical surface (“Zone E”), only the height restrictions (FAA Part 77), as identified on the airport land use and height zoning map, shall apply.
[Ord. 140 § 8, 2018.]
18.67.090 Airport overlay zoning maps.
The airport land use and height overlay zoning districts established by this chapter are shown on the airport land use and height zoning maps. Such official airport land use and height zoning maps may be amended, and all notations, references, elevations, data, zone boundaries, and other information thereon, is hereby adopted as part of this chapter. [Ord. 140 § 9, 2018.]
18.67.100 Chapter administration.
It shall be the duty of the Waterloo City Planner, Cedar Falls City Planner, and Black Hawk County Zoning Administrator, referred to herein as the “Airport Zoning Administrator,” within their respective jurisdictions to administer the regulations prescribed herein for their respective communities. Applications for permits and variances shall be made to the appropriate Airport Zoning Administrator upon forms furnished by said Airport Zoning Administrator. Applications for action by the Airport Board of Adjustment shall be forthwith transmitted by the Airport Zoning Administrator should an applicant request review. Permit applications shall be either granted or denied by the appropriate Airport Zoning Administrator according to the regulations prescribed herein. [Ord. 140 § 10, 2018.]
18.67.110 Airport overlay zoning permits.
It shall be the duty of the applicant to provide the Airport Zoning Administrator with sufficient information to evaluate the proposed action. This information shall include but not be limited to the following as noted in the Compatible Land Use Planning Checklist:
1. Contact information;
2. Structure information;
3. Site information;
4. Drawing information;
5. Certification;
6. Identify current and potential compatibility concerns.
The Airport Zoning Administrator shall evaluate the proposal based upon information provided by the applicant. The Airport Zoning Administrator shall approve the permit if after evaluation, the proposed project is found to be adequately compatible. Should the proposed project be found to be incompatible after review, the Airport Zoning Administrator shall deny the permit. Should the permit be denied, the applicant shall have the right to request a variance or an appeal as prescribed in this chapter. [Ord. 140 § 11, 2018.]
18.67.120 Hazardous markings and lighting.
Lighting and marking requirements will be determined through an FAA 7460-1 airspace analysis. The owner of any structure, object, natural vegetation, or terrain is hereby required to install, operate, and maintain such markers, lights, and other aids to navigation necessary to indicate to the aircraft operators in the vicinity of an airport the presence of an airport hazard. Hazardous markers and lights shall be installed, operated, and maintained at the expense of the jurisdiction. [Ord. 140 § 12, 2018.]
18.67.130 Height limitations.
No structure, object, natural vegetation, or terrain shall be erected, altered, allowed to grow or be maintained within any airport zoning district established by this chapter to a height in excess of the applicable height limitations set forth in this chapter. The permitted height shall not exceed the difference between the grade elevation and the height limitation numbers illustrated on the “Official Waterloo Airport Land Use and Height Map” within the various airport zoning districts encompassed by this chapter.
An FAA 7460-1 airspace review shall provide a portion of the information necessary to evaluate potential height impacts. However, it shall not be the sole source of review. [Ord. 140 § 13, 2018.]
18.67.140 Airport Zoning Commission.
The commission so appointed shall be known as the Airport Zoning Commission. In adopting, amending, and repealing airport zoning regulations, the governing body of a city shall follow the procedure in Iowa Code Sections 414.4 and 414.6 and the board of supervisors of a county shall follow the procedure in Iowa Code Sections 335.6 and 335.8. The Airport Zoning Commission shall adopt operating rules or guidelines.
The Airport Zoning Commission shall consist of seven total members, two members from the Planning and Zoning Commission of each jurisdiction and one additional member, who is the Airport Director. The chairperson of the Airport Zoning Commission shall be selected and reappointed by a majority vote of the members serving on the Airport Zoning Commission. The terms of the members of the Airport Zoning Commission shall be determined by the Iowa Code. Members may be removed for cause by the appointing authority upon written charges after public hearing. Vacancies shall be filled for the unexpired term of any member whose office becomes vacant in the same manner in which the member was selected. [Ord. 140 § 14, 2018.]
18.67.150 Airport Board of Adjustment.
The governing bodies of the jurisdictions under this ordinance shall provide for the appointment of an Airport Board of Adjustment, as provided in Iowa Code Section 414.7 for a city, or as provided in Section 335.10 for a county. The Airport Board of Adjustment has the same powers and duties, and its procedure and appeals are subject to the same provisions as established in Iowa Code Sections 414.9 to 414.19 for a city, or Sections 335.12 to 335.16 and 335.18 to 335.21 for a county. The Airport Board of Adjustment shall adopt operating rules of procedure.
The Airport Board of Adjustment shall consist of seven total members, two members from each jurisdiction and one additional member, the Airport Director. The chairperson of the Airport Board of Adjustment shall be selected and reappointed by a majority vote of the members serving on the Airport Board of Adjustment. The terms of the members of the Airport Board of Adjustment shall be determined by the Iowa Code. Vacancies shall be filled for the unexpired term of any member whose office becomes vacant in the same manner in which that member was selected. Members shall be removable for cause by the appointing authority upon written charges and after public hearing.
The concurring vote of a majority of the Airport Board of Adjustment shall be necessary to do any of the following:
A. Reverse any order, requirement, decision, or determination of any administrative official.
B. Decide in favor of the applicant on any matter upon which the board is required to pass under any regulations adopted pursuant to Iowa Code Chapter 329.
C. Effect any variance from any regulations adopted pursuant to Iowa Code Chapter 329. [Ord. 140 § 15, 2018.]
18.67.160 Variances.
Any person desiring to erect, alter, or increase the height of any structure, object, or to permit the growth of any natural vegetation, or otherwise use their property in violation with any section of this chapter, may apply to the Airport Board of Adjustment for variance from such regulation. No application for variance to the requirements of this chapter may be considered by the Airport Board of Adjustment unless a copy of the application has been submitted to the Airport Zoning Administrator for an opinion as to the aeronautical effects of the variance. No variance shall be granted unless evidence shows all of the following: (A) that the regulations contained herein create practical difficulties where strict or literal interpretation or enforcement would create an unnecessary hardship prohibiting the use of the property in manner reasonably similar to that of others in the zone; (B) the request has a uniqueness that is not common in the zone in which the property is located; (C) the request is not contrary to the public interest; and (D) the spirit and intent of the ordinance shall be observed and substantial justice done. There shall be a nonrefundable application fee paid by the applicant to the appropriate jurisdiction. Said fee will be set by resolution of each jurisdiction. [Ord. 140 § 16, 2018.]
18.67.170 Appeals.
Any person, property owner, or taxpayer impacted by any decision of this chapter may appeal to the Airport Board of Adjustment. Such appeal, by application, shall be taken to the Board within a reasonable time, but not longer than 30 days. The Airport Zoning Administrator shall forthwith transmit to the Airport Board of Adjustment an application and all documentation constituting the record upon which the appealed action is requested. In exercising their powers, the Airport Board of Adjustment may, in conformity with the provisions of the law, reverse or affirm, wholly or partly, or modify the order, requirement, decision, or determination as it believes proper and to that end will have the powers of the Airport Zoning Administrator. There shall be a nonrefundable application fee paid by the applicant to the appropriate jurisdiction. Said fee will be set by resolution of each jurisdiction. The concurring vote of four members of the Airport Board of Adjustment shall be necessary to reverse any order, requirement, decision or determination of the Airport Zoning Administrator, or to decide in favor of the applicant on any matter which it is required to pass under this chapter; provided, that the action of the Airport Board of Adjustment shall not become effective until after the written decision or resolution of the Airport Board of Adjustment, setting forth the full reason for its decision and the vote of each participating member as documented in its minutes. Said written decision or resolution shall be filed in the office of the Airport Zoning Administrator and shall be open to public inspection. [Ord. 140 § 17, 2018.]
18.67.180 Judicial review.
Any person aggrieved, or any taxpayer affected, by any decision of the Airport Board of Adjustment may appeal to the Court of Record as provided in Iowa Code Section 414.15. [Ord. 140 § 18, 2018.]
18.67.190 Penalties.
If any building or structure is erected, constructed, reconstructed, altered, repaired, converted, or maintained, or any building, structure, or land is used in violation of this chapter, the appropriate city or county may, in addition to other remedies, seek injunctive relief, commence a municipal or county infraction action, mandamus, or other appropriate lawful action necessary to prevent, correct, or abate such violation. A violation of this chapter shall be deemed a violation of the appropriate city or county code and thus constitute a municipal or county infraction, a civil offense punishable by a civil penalty, order of abatement and the entry of a judgment for costs of abatement or correction, pursuant to Iowa Code Section 364.22 or 331.307. Any construction started without a permit or which does not comply with the requirements of the corresponding code of ordinances shall be removed immediately. The City Council or County Board of Supervisors may, without limitation, provide for the abatement of such infraction, and may pursue any combination of remedies available. Each day that a violation is continued shall constitute a separate violation. [Ord. 140 § 19, 2018.]
18.67.200 Nonconformities.
Any preexisting nonconforming structure, tree, or use shall not be replaced, rebuilt, altered, allowed to grow higher, or replanted, so as to constitute a greater airport hazard than it was when this chapter or amendments to it were adopted. A nonconforming structure in existence at the adoption hereof that was not lawful, or authorized under previous zoning ordinances, shall not be authorized to continue as a nonconforming building or structure pursuant to this chapter, or amendments thereto. Nothing in this chapter shall prevent the strengthening or restoring to a safe condition any part of any building or structure declared unsafe. It is the intent of this chapter to permit these nonconformities to continue until they are removed or abandoned, but not to encourage their survival. Further, any nonconforming structures, buildings, uses, parcels, or lots shall be subject to the nonconforming regulations of the community in which the property in question is located. [Ord. 140 § 20, 2018.]
18.67.210 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 or structures, the use of land, or any other matter, the more stringent limitation or requirement shall govern and prevail. [Ord. 140 § 21, 2018.]