329.1 DEFINITIONS.
The following words, terms, and phrases, when used in this
chapter, shall, for the purposes of this chapter, have the meaning
herein given, unless otherwise specifically defined, or unless
another intention clearly appears, or the context otherwise requires:
1. "Airport" means any area of land or water designed and set
aside for the landing and take-off of aircraft and utilized, or to be
utilized, in the interest of the public for such purposes.
2. "Airport hazard" means any structure or tree or use of
land which would exceed the federal obstruction standards as
contained in 14 C.F.R. sections 77.21, 77.23 and 77.25 as revised
March 4, 1972, and which obstruct the air space required for the
flight of aircraft and landing or take-off at an airport or is
otherwise hazardous to such landing or taking off of aircraft.
3. "Airport hazard area" means any area of land or water upon
which an airport hazard might be established if not prevented as
provided by this chapter.
4. "Department" means the state department of transportation.
5. "Municipality" means any county or city of this state.
6. "Obstruction" means any tangible, inanimate physical
object, natural or artificial, protruding above the surface of the
ground.
7. "Person" means any individual, firm, partnership,
corporation, company, association, joint stock association, or body
politic, and includes any trustee, receiver, assignee, or other
similar representative thereof.
8. "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.
9. "Tree" means any object of natural growth.
10. The singular shall include the plural, and the plural the
singular. Section History: Early Form
[C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, § 329.1] Section History: Recent Form
2008 Acts, ch 1032, §106
329.2 AIRPORT HAZARDS CONTRARY TO PUBLIC INTEREST.
It is hereby found that an airport hazard endangers the lives and
property of users of the airport and of occupants of land and other
persons in its vicinity, and also, if of 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:
1. That the creation or establishment of an airport hazard is a
public nuisance and an injury to the community served by the airport
in question.
2. That it is necessary in the interest of the public health,
safety, and general welfare that the creation or establishment of
airport hazards be prevented.
3. That this should be accomplished, to the extent legally
possible, by proper exercise of the police power.
4. 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 municipalities may raise and expend public
funds, as an incident to the operation of airports, to acquire land
or property interests therein. Section History: Early Form
[C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, § 329.2]
See § 657.2(8)
329.3 ZONING REGULATIONS -- POWERS GRANTED.
Every municipality having an airport hazard area within its
territorial limits may adopt, administer, and enforce in the manner
and upon the conditions prescribed by this chapter, zoning
regulations for such airport hazard area, which regulations may
divide such area into zones and, within such zones, specify the land
uses permitted, and regulate and restrict, for the purpose of
preventing airport hazards, the height to which structures and trees
may be erected or permitted to grow. Section History: Early Form
[C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, § 329.3]
Referred to in § 329.4, 329.6
329.4 EXTRATERRITORIAL AIRPORT HAZARD AREAS.
When any airport hazard area appertaining to an airport owned or
controlled by a municipality is located outside the territorial
limits of said municipality:
1. Ordinances. The municipality owning or controlling the
airport, and the municipality within which the airport hazard area is
located, may by duly adopted ordinance adopt, administer, and enforce
airport zoning regulations applicable to the airport hazard area.
2. Petition to district court. If the municipality within
which is located such airport hazard area has failed or refused,
within sixty days after demand has been made upon it by any
municipality owning or controlling the airport, to adopt reasonably
adequate airport zoning regulations under section 329.3, or to join
in adopting joint airport zoning regulations as authorized in
subsection 1 of this section, the municipality owning or controlling
the airport may, upon a resolution of necessity therefor duly adopted
by its governing body, petition the district court of the county in
which such airport hazard area or any part thereof is located, in the
name of the municipality owning or controlling the affected airport,
praying that zoning regulations be established for the airport hazard
area in question.
3. Petition -- contents. Such petition shall allege all
essential facts showing the necessity for bringing such action, the
relief sought including proposed zoning regulations, and the
necessity therefor.
4. Parties. The parties defendant in such action shall be
the municipality in which such airport hazard area is located, and
all persons having an apparent or contingent interest in the property
located within such area, who may be joined in said action generally
as a class.
5. Procedure. The action shall be triable in equity and in
accordance with general rules of civil procedure, except that such
action shall have precedence over any other business of the court
except criminal cases, and the court shall set said petition for
hearing not less than sixty days nor more than one hundred twenty
days from the date it is filed with the clerk of said court.
6. Notice. The original notice in such action shall be
served upon the municipality in which such airport hazard area is
located, and in the same manner as original notice of any other
action but not less than thirty days prior to the date set for trial;
and upon all other defendants by the publication of said notice in
some newspaper or newspapers of general circulation within the area
described in the petition, or as near thereto as possible, which
publication shall be in the same manner as provided for the
publication of other original notices, provided, however, that the
last publication thereof shall be not less than thirty days prior to
the date set for trial.
7. Decree and modification. Upon trial the court may enter
decree establishing such zoning regulations as it shall find
reasonable and necessary. The court having once taken jurisdiction
of such matter shall retain continuing jurisdiction thereof for such
subsequent modification as it may deem advisable, upon proper
application of interested parties, and due showing made thereunder
after such notice to possible adverse parties as the court shall
prescribe.
8. Appeal. Any person or municipality adversely affected or
aggrieved by any findings of the court may appeal therefrom as in
other civil actions.
9. Enforcement. Following the entry of any final decree by
the district court, and unless appeal has been taken therefrom, the
zoning regulations established by such decree may be enforced, and
violations thereof punished, as provided by section 329.14. Section History: Early Form
[C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, S81, § 329.4; 81
Acts, ch 117, § 1050]
Referred to in § 329.6
Service of notice, R.C.P. 1.302--1.315
329.5 PREVENTION OF AIRPORT HAZARDS.
Any municipality owning or controlling an airport may maintain
actions in equity to restrain and abate as nuisances the creation or
establishment of airport hazards appertaining to said airport, in
violation of any zoning regulations adopted or established pursuant
to the provisions of this chapter for any area whether within or
without the territorial limits of said municipality. Section History: Early Form
[C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, § 329.5]
See § 657.2(8)
329.6 ZONING POWERS.
If any municipality owning or controlling an airport adjacent to
which there is an airport hazard area shall fail or refuse, within
sixty days after demand made upon it by the department, to adopt
reasonably adequate airport zoning regulations under section 329.3,
or to proceed as provided in section 329.4, the department may
petition the district court of the county in which such airport
hazard area, or any part thereof, is located, in the name of the
state, praying that zoning regulations be established for the airport
hazard area in question, and the provisions of section 329.4,
subsections 3 to 9, shall apply to such actions provided, however,
that such municipality shall be joined as a party defendant in any
such action.
The department may maintain actions in equity to restrain and
abate as nuisances the creation or establishment of airport hazards
appertaining to any airport within the state, in violation of any
zoning regulations adopted or established pursuant to the provisions
of this chapter. Section History: Early Form
[C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, § 329.6]
329.7 RELATION TO COMPREHENSIVE ZONING REGULATIONS.
Any municipality which adopts zoning ordinances under chapter 414
or chapter 335 may incorporate therein airport hazard area zoning
regulations and administer and enforce them as provided in this
chapter. Section History: Early Form
[C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, S81, § 329.7; 81
Acts, ch 117, § 1051]
329.8 CONFLICTING REGULATIONS.
In the event of any conflict between any airport zoning
regulations adopted or established under this chapter and any other
regulations applicable to the same area, whether the conflict be 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. Section History: Early Form
[C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, § 329.8]
329.9 PROCEDURE FOR ADOPTING ZONING REGULATIONS --
ZONING COMMISSION.
In adopting, amending, and repealing airport zoning regulations
under this chapter the governing body of a city shall follow the
procedure in sections 414.4 and 414.6 and the board of supervisors of
a county shall follow the procedure in sections 335.6 and 335.8. The
commission so appointed shall be known as the airport zoning
commission. The airport zoning commission shall consist of two
members from each municipality selected by the governing body and one
additional member to act as chairperson and to be selected by a
majority vote of the members selected by the municipality. The terms
of the members of the airport zoning commission shall be for six
years excepting that when the board is first created, one of the
members appointed by each municipality shall be appointed for a term
of two years and one for a term of four years. 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. Section History: Early Form
[C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, S81, § 329.9; 81
Acts, ch 117, § 1052]
Referred to in § 331.321
329.10 AIRPORT ZONING REQUIREMENTS.
1. All airport zoning regulations adopted under this chapter
shall be reasonable and none shall impose any requirement or
restriction which is not necessary to effectuate the purposes of this
chapter.
2. a. Airport zoning regulations adopted under this chapter
may require, at the municipality's expense, the removal, lowering, or
other change or alteration of any structure or tree, or a change in
use, not conforming to the regulations when adopted or amended.
b. Airport zoning regulations adopted under this chapter may
require a property owner to permit the municipality at its own
expense to install, operate, and maintain on the property markers and
lights as necessary to indicate to operators of aircraft the presence
of the airport hazard.
3. All such regulations may provide that a 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 the airport
zoning regulations or amendments to the regulations were adopted. Section History: Early Form
[C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, § 329.10] Section History: Recent Form
90 Acts, ch 1022, §1
329.11 VARIANCES.
Any person desiring to erect or increase the height of any
structure, or to permit the growth of any tree, or otherwise use the
person's property in violation of airport zoning regulations adopted
under this chapter, may apply to the board of adjustment for a
variance from the zoning regulations. Such variances shall be
allowed where a literal application or enforcement of the regulations
would result in practical difficulty or unnecessary hardship and the
relief granted would not be contrary to the public interest, but
would do substantial justice and be in accordance with the spirit of
the regulations and this chapter; provided, however, that any such
variance may be allowed subject to any reasonable conditions that the
board of adjustment may deem necessary to effectuate the purposes of
this chapter, including the reservation of the right of the
municipality, at its own expense, to install, operate, and maintain
thereon such markers and lights as may be necessary to indicate to
operators of aircraft the presence of the airport hazard. Section History: Early Form
[C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, § 329.11]
329.12 BOARD OF ADJUSTMENT -- CREATION -- POWERS --
DUTIES.
The governing body of any municipality seeking to exercise powers
under this chapter shall by ordinance provide for the appointment of
a board of adjustment, as provided in section 414.7 for a city, or as
provided in section 335.10 for a county. The board of adjustment has
the same powers and duties, and its procedure and appeals are subject
to the same provisions as established in sections 414.9 to 414.19 for
a city, or sections 335.12 to 335.21 for a county.
The concurring vote of a majority of the board shall be necessary
to reverse any order, requirement, decision or determination of any
administrative official or to decide in favor of the applicant on any
matter upon which it is required to pass under any regulations
adopted pursuant to this chapter or to effect any variance therefrom.
The board of adjustment shall consist of two members from each
municipality, selected by the governing body thereof, and one
additional member to act as chairperson and to be selected by a
majority vote of the members selected by the municipality. Members
shall be removable for cause by the appointing authority upon written
charges and after public hearing. Vacancies shall be filled for the
unexpired term of any member whose office becomes vacant in the same
manner in which said member was selected. The terms of the members
of the board of adjustment shall be for five years, excepting that
when the board shall first be created, one of the members appointed
by each municipality shall be appointed for a term of two years and
one for a term of four years. Section History: Early Form
[C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, S81, § 329.12;
81 Acts, ch 117, § 1053]
329.13 ADMINISTRATION OF AIRPORT ZONING
REGULATIONS.
All airport zoning regulations adopted under this chapter shall
provide for the administration and enforcement of such regulations by
an administrative agency, which may be an agency created by such
regulations, or by any official, board, or other existing agency of
the municipality adopting the regulations, or of one or both of the
municipalities which participated therein, but in no case shall such
administrative agency be or include any member of the board of
adjustment. The duties of any administrative agency designated
pursuant to this chapter shall not include any of the powers herein
delegated to the board of adjustment. Section History: Early Form
[C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, § 329.13] Section History: Recent Form
2005 Acts, ch 3, §64
329.14 ENFORCEMENT AND REMEDIES.
Each violation of this chapter or of any regulations, order, or
rules promulgated pursuant to this chapter, shall constitute a simple
misdemeanor and each day a violation continues to exist shall
constitute a separate offense. Section History: Early Form
[C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, § 329.14]
Referred to in § 329.4
329.15 SHORT TITLE.
This chapter shall be known and may be cited as the "Airport
Zoning Act." Section History: Early Form
[C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, § 329.15]