Chapter 1 code of ordinances

CHAPTER 175

AIRPORT ZONING REGULATIONS

175.01 Intent	175.08 Marking and Lighting
175.02 Short Title	175.09 Permit Required
175.03 Definitions	175.10 Permit Exemption
175.04 Zones	175.11 Permit Conditions
175.05 Height Limitations	175.12 Appeals
175.06 Use Restrictions	175.13 Judicial Review
175.07 Nonconforming Uses	175.14 Conflicting Regulations

175.01 INTENT. This chapter is adopted pursuant to the authority conferred by Chapters 329 and 414 of the Code of Iowa. It is hereby found that an airport hazard endangers the lives and property of users of the Cresco Municipal Airport and of occupants of land or to property 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 Cresco Municipal Airport and the public investment therein. Accordingly, it is declared that: (i) the creation or establishment of an airport hazard is a public nuisance and an injury to the area served by the Cresco Municipal Airport; (ii) it is necessary in the interest of the public health, safety, and general welfare that the creation or establishment of airport hazards be prevented; and (iii) the prevention of these hazards should be accomplished, to the extent legally possible, by the exercise of the police power without compensation. It is further declared that both 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.

175.02 SHORT TITLE. This chapter shall be known and may be cited as “The Cresco Municipal Airport Zoning Ordinance.”

175.03 DEFINITIONS. As used in this chapter, unless the context otherwise requires:

1. 
   “Airport” means the Cresco Municipal Airport.
   
2. 
   “Airport elevation” means the established elevation of the highest point on the usable landing area.
   
3. 
   “Airport hazard” means any structure or tree or use of land that obstructs the airspace required for, or is otherwise hazardous to, the flight of aircraft in landing or taking off at the airport.
   
4. 
   “Airport reference point” means the point established as the approximate geographic center of the airport landing area and so designated.
   
5. 
   “Board of adjustment” means a board consisting of five (5) members appointed by the Cresco City Council and the Howard County Board of Supervisors.
   
6. 
   “Height” 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.
   
7. 
   “Instrument runway” means a runway equipped or to be equipped with a precision electronic navigation aid or landing aid or other air navigation facilities suitable to permit the landing of aircraft by an instrument approach under restricted visibility conditions.
   
8. 
   “Landing area” means the area of the airport used for the landing, taking off or taxiing of aircraft.
   
9. 
   “Landing strip” means the grass or turf covered area of the airport which is designed for and used for taking off and landing aircraft. This term shall have the same meaning throughout this chapter, as does the term “runway.”
   
10. 
    “Nonconforming use” means any pre-existing structure, tree, natural growth or use of land which is inconsistent with the provisions of this chapter or an amendment thereto.
    
11. 
    “Non-instrument runway” means a runway other than an instrument runway.
    
12. 
    “Runway” means the paved surface of an airport landing strip.
    
13. 
    “Structure” means an object constructed or installed by man, including but without limitation, buildings, towers, smokestacks, and overhead transmission lines, including the poles or other structure supporting the same.
    
14. 
    “Tree” means any object of natural growth.
    

175.04 ZONES. In order to carry out the provisions of this chapter, there are hereby created and established certain zones that include all of the land lying within the non-instrument approach zones, vertical zones, horizontal zone and conical zone. Such areas and zones are shown on the Cresco Municipal Airport Zoning Map. The various zones are hereby established and defined as follows:

1. 
   Primary Surfaces. A primary surface zone is established, which shall be provided longitudinally on each runway extending in length 100 feet beyond each end of the two runways. The elevation of any point on the longitudinal profile of the primary surfaces, including extensions, coincides with the elevation of the centerline of runways, or extension, as appropriate. The width of the primary surfaces is 200 feet, centered upon each runway.
   
2. 
   Approach Zones. An approach zone shall be provided and shall have a width of 200 feet at a distance of 100 feet beyond each end of the two runways widening thereafter uniformly to a width of 500 feet at a distance of 3,100 feet beyond each end of the two runways.
   
3. 
   Vertical Zone. A vertical zone shall extend upward from the edges of the primary zones and the approach zones until they intersect with the horizontal zone.
   
4. 
   Horizontal Zone. A horizontal zone is hereby established as the area within a circle with its center at the Airport Reference Point and having a radius of 5,000 feet. The horizontal zone does not include the approach zones and the vertical zone.
   
5. 
   Conical Zone. A conical zone is hereby established as the area that commences at the periphery of the horizontal zone and extends outward therefrom a distance of 3,000 feet. The conical zone does not include the approach zones and vertical zones.
   

175.05 HEIGHT LIMITATIONS. Except as otherwise provided in this chapter, no structure or tree shall be erected, altered, allowed to grow, or maintained in any zone referenced by this chapter to a height in excess of the height limit herein established for such zone. Such height limitations are hereby established for each of the zones in question as follows:

1. 
   Airport Approach Zones. One foot in height for each 20 feet in horizontal distance beginning at a point 100 feet from and at the centerline elevation of the end of the runway and extending to a point 3,100 feet from the end of the runway.
   
2. 
   Vertical Zones. A vertical zone beginning at any point normal to and at the elevation of the centerline of the runways, extending 100 feet beyond each end thereof, extending upward to the horizontal zone from the outer edges of the primary surfaces to a height of 150 feet above the airport elevation, said height being 1,425.5 feet above mean sea level. In addition to the foregoing, there are established height limits vertically 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 zone.
   
3. 
   Horizontal Zone. One hundred fifty (150) feet above the airport elevation or a height of 1,425.5 feet above mean sea level.
   
4. 
   Conical Zone. One foot in height for each 20 feet of horizontal distance beginning at the periphery of the horizontal zone, extending to a height of 300 feet above the airport elevation.
   

Where an area is covered by more than one height limitation, the more restrictive limitations shall prevail.

175.06 USE RESTRICTIONS. Notwithstanding any other provisions of this chapter, no use may be made of land within any zone referenced in this chapter in such a manner as to create electrical interference with radio communication between the airport and aircraft, make it difficult for flyers to distinguish between airport lights and others, result in glare in the eyes of flyers using the airport, impair visibility in the vicinity of the air­port or otherwise endanger the landing, taking off, or maneuvering of aircraft.

175.07 NONCONFORMING USES. The regulations prescribed by this chapter shall not be construed to require the removal, lowering, or other changes or alteration of any structure or tree not conforming to the regulations as of the effective date of the ordinance codified by this chapter or otherwise interfere with the continuance of any nonconforming use. Nothing herein contained shall require any change in the construction, alteration, or intended use of any structure, the construction or alteration of which was begun prior to the effective date of the ordinance codified by this chapter and is diligently prosecuted.

175.08 MARKING AND LIGHTING. Notwithstanding the provision of Section 175.07, the owner of any nonconforming structure or tree is hereby required to permit the installation, operation, and maintenance thereon of such markers and lights as shall be deemed necessary by the City 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 City.

175.09 PERMIT REQUIRED. Except as specifically provided in Section 175.10 hereunder, no material change shall be made in the use of land and no structure or tree shall be erected, altered, planted or otherwise established in any zone hereby created unless a permit therefor shall have been applied for and granted. Each application for a permit shall indicate the purpose for which the permit is desired, with sufficient particularity to permit it to be determined whether the resulting use, structure or tree would conform to the regulations herein prescribed. If such determination is in the affirmative, the permit shall be granted.

175.10 PERMIT EXEMPTION. In the area lying within the limits of the horizontal zone and the conical zone, no permit shall be required for any tree or structure less than 75 feet of vertical height above the ground, except when because of terrain, land contour or topographic features such tree or structure would extend above the height limits prescribed for such zone. Nothing contained in the foregoing exception shall be construed as permitting or intending to permit any construction, alteration or growth of any structure or tree in excess of any of the height limits established by this chapter except as set forth in Section 175.05.

175.11 PERMIT CONDITIONS.

1. 
   Existing Uses. No permit shall be granted that would allow the establishment or creation of an airport hazard or permit a nonconforming use, structure or tree to be made or become higher, or become a greater hazard to air navigation, than it was on the effective date of the ordinance codified by this chapter or any amendments thereto or than it is when the application for a permit is made. Except as indicated, all applications for such a permit shall be granted.
   
2. 
   Nonconforming Uses Abandoned or Destroyed. Whenever the Cresco Airport Commission determines that a nonconforming structure or tree has been abandoned or more than 80 percent torn down, physically deteriorated, or decayed, no permit shall be granted that would allow such structure or tree to exceed the applicable height limit or otherwise deviate from the zoning regulations.
   
3. 
   Variances. Any person desiring to erect or increase the height of any structure, or permit the growth of any tree, or use property, not in accordance with the regulations prescribed in this chapter, may apply to the Airport Commission for a variance from such regulations. Such variances shall be allowed where it is duly found that 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 will do substantial justice and be in accordance with the spirit of this chapter.
   
4. 
   Hazard Marking and Lighting. Any permit or variance granted may, if such action is deemed advisable to effectuate the purpose of this chapter and be reasonable in the circumstances, be so conditioned as to require the owner of the structure or tree in question to permit the City at its own expense, to install, operate, and maintain thereon such markers and lights as may be necessary to indicate to flyers the presence of an airport hazard.
   

It shall be the duty of the Cresco Zoning Officer to administer and enforce the regulations prescribed herein. Said officer to be hereafter referred to as the Administrative Officer. Applications for permits and variances shall be made to the Administrative Officer upon a form furnished by the officer. Applications required by this chapter to be submitted to the Administrative Officer shall be promptly considered and granted or denied by the officer. Applications for action by the Airport Commission shall be forthwith transmitted by the Administrative Officer.

175.12 APPEALS. Any person aggrieved, or any taxpayer affected, by any decision of the Administrative Officer made in the administration of this chapter, may appeal to the Airport Commission. All appeals hereunder must be taken within a reasonable time as provided by the rules of the Airport Commission, by filing with the Administrative Officer a notice of appeal specifying the grounds thereof. The Administrative Officer shall forthwith transmit to the Airport Commission all papers constituting the record upon which the action appealed from was taken. An appeal shall stay all proceedings in furtherance of the action appealed from, unless the Administrative Officer certifies to the Airport Commission, after the notice of appeal has been filed with it, that by reason of the facts stated in the certificate a stay would, in the Administrative Officer’s opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed except by order of the Airport Commission on notice to the Administrative Officer and on due cause shown. The Airport Commission shall fix a reasonable time for hearing appeals, give public notice and due notice to the parties in interest, and decide the same within a reasonable time. Upon the hearing any party may appear in person or by agent or by attorney. The Airport Commission may, in conformity with the provisions of this chapter, reverse or affirm, in whole or in part, or modify the order, requirement, decision or determination appealed from and may make such order, requirement, decision, or determination, as may be appropriate under the circumstances.

175.13 JUDICIAL REVIEW. Any person aggrieved, or any taxpayer affected, by any decision of the Board of Adjustment, may appeal to the Court of Record as provided in Chapter 414.15 of the Code of Iowa.

175.14 CONFLICTING REGULATIONS. Where there exists a conflict between any of the regulations or limitations prescribed in this chapter 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.

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CODE OF ORDINANCES
CITY OF CRESCO, IOWA
TABLE OF CONTENTS

GENERAL CODE PROVISIONS

CHAPTER 1 1

CODE OF ORDINANCES 1

CHAPTER 2 9

CHARTER 9

CHAPTER 3 11

VOTING PRECINCTS AND WARDS 11

CHAPTER 4 15

MUNICIPAL INFRACTIONS 15

CHAPTER 5 21

OPERATING PROCEDURES 21

CHAPTER 6 29

CITY ELECTIONS 29

CHAPTER 7 35

FISCAL MANAGEMENT 35

CHAPTER 8 45

INDUSTRIAL PROPERTY TAX EXEMPTIONS 45

CHAPTER 9 49

URBAN RENEWAL 49

CHAPTER 10 51

URBAN REVITALIZATION 51

CHAPTER 15 71

MAYOR 71

CHAPTER 16 75

MAYOR PRO TEM 75

CHAPTER 17 77

CITY COUNCIL 77

CHAPTER 18 83

CITY CLERK 83

CHAPTER 19 87

CITY TREASURER 87

CHAPTER 20 89

CITY ATTORNEY 89

CHAPTER 21 91

LIBRARY BOARD OF TRUSTEES 91

CHAPTER 22 95

THEATRE AND CHAMPLIN HALL COMMISSION 95

CHAPTER 23 97

PLANNING AND ZONING COMMISSION 97

CHAPTER 24 99

PARKS AND RECREATION BOARD 99

CHAPTER 25 115

AIRPORT COMMISSION 115

CHAPTER 30 145

POLICE DEPARTMENT 145

CHAPTER 35 151

FIRE DEPARTMENT 151

CHAPTER 36 157

HAZARDOUS SUBSTANCE SPILLS 157

CHAPTER 40 185

PUBLIC PEACE 185

CHAPTER 41 191

PUBLIC HEALTH AND SAFETY 191

CHAPTER 42 197

PUBLIC AND PRIVATE PROPERTY 197

CHAPTER 43 205

DRUG PARAPHERNALIA 205

CHAPTER 45 225

ALCOHOL CONSUMPTION AND INTOXICATION 225

CHAPTER 46 227

MINORS 227

CHAPTER 47 235

PARK REGULATIONS 235

CHAPTER 50 251

NUISANCE ABATEMENT PROCEDURE 251

CHAPTER 51 5

JUNK AND JUNK VEHICLES 5

CHAPTER 52 11

WEEDS 11

CHAPTER 55 25

ANIMAL PROTECTION AND CONTROL 25

CHAPTER 56 35

WILD OR DANGEROUS ANIMALS 35

CHAPTER 60 65

ADMINISTRATION OF TRAFFIC CODE 65

CHAPTER 61 69

TRAFFIC CONTROL DEVICES 69

CHAPTER 62 71

GENERAL TRAFFIC REGULATIONS 71

CHAPTER 63 83

SPEED REGULATIONS 83

CHAPTER 64 89

TURNING REGULATIONS 89

CHAPTER 65 91

STOP OR YIELD REQUIRED 91

CHAPTER 66 93

LOAD AND WEIGHT RESTRICTIONS 93

CHAPTER 67 95

PEDESTRIANS 95

CHAPTER 68 97

ONE-WAY TRAFFIC 97

CHAPTER 69 99

PARKING REGULATIONS 99

CHAPTER 70 109

TRAFFIC CODE ENFORCEMENT PROCEDURES 109

CHAPTER 74 113

GOLF CARTS AND UTVs (UTILITY TRAIL VEHICLES) 113

CHAPTER 75 119

ALL-TERRAIN VEHICLES AND SNOWMOBILES 119

CHAPTER 76 123

BICYCLE REGULATIONS 123

CHAPTER 77 127

BIKE AND RECREATION TRAILS 127

CHAPTER 78 129

REGULATION OF SCOOTERS AND
PERSONAL MOBILITY DEVICES 129

CHAPTER 80 139

ABANDONED VEHICLES 139

CHAPTER 90 169

WATER SERVICE SYSTEM 169

CHAPTER 91 177

WATER METERS 177

CHAPTER 92 183

WATER RATES 183

CHAPTER 95 205

SANITARY SEWER SYSTEM 205

CHAPTER 96 213

BUILDING SEWERS AND CONNECTIONS 213

CHAPTER 97 219

USE OF PUBLIC SEWERS 219

CHAPTER 98 223

ON-SITE WASTEWATER SYSTEMS 223

CHAPTER 99 225

SEWER SERVICE CHARGES 225

CHAPTER 100 229

BENEFITED SANITARY SEWER SERVICE AREAS 229

CHAPTER 105 245

SOLID WASTE CONTROL 245

CHAPTER 106 255

COLLECTION OF SOLID WASTE 255

CHAPTER 110 19

NATURAL GAS FRANCHISE 19

CHAPTER 111 27

ELECTRIC FRANCHISE 27

CHAPTER 112 35

ELECTRIC FRANCHISE
(TRANSMISSION SYSTEM) 35

CHAPTER 113 39

REGULATION OF CABLE TELEVISION RATES 39

CHAPTER 114 43

CUSTOMER SERVICE STANDARDS
FOR CABLE TELEVISION 43

CHAPTER 115 45

BROADBAND TELECOMMUNICATIONS 45

CHAPTER 120 79

LIQUOR LICENSES AND WINE AND BEER PERMITS 79

CHAPTER 121 83

CIGARETTE AND TOBACCO PERMITS 83

CHAPTER 122 87

PEDDLERS, SOLICITORS AND TRANSIENT MERCHANTS 87

CHAPTER 123 95

HOUSE MOVERS 95

CHAPTER 124 99

EXCAVATOR LICENSE 99

CHAPTER 125 101

TREE TRIMMERS 101

CHAPTER 135 113

STREET USE AND MAINTENANCE 113

CHAPTER 136 121

SIDEWALK REGULATIONS 121

CHAPTER 137 129

VACATION AND DISPOSAL OF STREETS 129

CHAPTER 138 131

STREET GRADES 131

CHAPTER 139 133

NAMING OF STREETS 133

CHAPTER 140 135

CONTROLLED ACCESS FACILITIES 135

CHAPTER 145 149

DANGEROUS BUILDINGS 149

CHAPTER 146 153

MANUFACTURED AND MOBILE HOMES 153

CHAPTER 147 159

WATER WELL PROTECTION 159

CHAPTER 150 179

BUILDING NUMBERING 179

CHAPTER 151 181

TREES 181

CHAPTER 155 203

BUILDING PERMITS 203

CHAPTER 156 213

SIGNS AND AWNINGS 213

CHAPTER 157 223

AMATEUR RADIO EQUIPMENT 223

CHAPTER 158 231

STORAGE OF FLAMMABLE LIQUIDS 231

CHAPTER 159 237

WIND ENERGY CONVERSION SYSTEMS 237

CHAPTER 160 253

DEMOLITION PERMIT 253

CHAPTER 165 23

ZONING REGULATIONS 23

CHAPTER 170 197

SUBDIVISION REGULATIONS 197

CHAPTER 175 233

AIRPORT ZONING REGULATIONS 233

INDEX
APPENDIX:

USE AND MAINTENANCE OF THE CODE OF ORDINANCES 1
SUGGESTED FORMS:

DANGEROUS BUILDINGS - FIRST NOTICE 7

DANGEROUS BUILDINGS - NOTICE OF HEARING 8

DANGEROUS BUILDINGS - RESOLUTION AND ORDER 9
NOTICE TO ABATE NUISANCE 10
NOTICE OF REQUIRED SEWER CONNECTION 11

NOTICE OF HEARING ON REQUIRED SEWER CONNECTION 12

RESOLUTION AND ORDER FOR REQUIRED SEWER CONNECTION 13

† EDITOR’S NOTE: Ordinance No. 148 adopting a charter for the City was passed and approved by the Council on November 5, 1973, and was published on November 28, 1973.

† EDITOR’S NOTE: A suggested form of notice for the abatement of nuisances is included in the Appendix of this Code of Ordinances. Caution is urged in the use of this administrative abatement procedure, particularly where cost of abatement is more than minimal or where there is doubt as to whether or not a nuisance does in fact exist. If compliance is not secured following notice and hearings, we recommend you review the situation with your attorney before proceeding with abatement and assessment of costs. Your attorney may recommend proceedings in court under Chapter 657 of the Code of Iowa rather than this procedure.

† EDITOR’S NOTE: Ordinance No. 389 adopting a natural gas franchise for the City was passed and adopted on June 20, 2005.

† EDITOR’S NOTE: Ordinance No. 427 adopting an electric franchise for the City was passed and adopted on September 9, 2010.

† EDITOR’S NOTE: Ordinance No. 440 adopting an electric transmission system franchise for the City was passed and adopted on August 20, 2012.

† EDITOR’S NOTE: Suggested forms of notice and of a resolution and order of the Council for the administration of this chapter are provided in the APPENDIX to this Code of Ordinances. Caution is urged in the use of this procedure. We recommend you review the situation with your attorney before initiating procedures and follow his or her recommendation carefully.

CODE OF ORDINANCES, CRESCO, IOWA

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