Code of Ordinances Amendment_Title 12 Airport CommissionsTHE CITY OF
Dui
Masterpiece on the Mississippi
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Boards and Commissions - Airport Commission, Airport Zoning
Commissions and airport Zoning Board of Adjustment
DATE: July 29, 2014
Dubuque
band
AI -America City
r
2007 • 2012 • 2013
The City Attorney's Office and the City Clerk's Office have been working on updating
the Boards and Commissions ordinances to make the standard provisions in all of the
ordinances uniform and consistent.
The Airport Commission was originally established June 16, 1975; the Airport Zoning
Commission was original established March 5, 1951; and the Airport Zoning Board of
Adjustment was originally established January 29, 1934.
Assistant City Attorney Crenna Brumwell recommends City Council approval of a new
Title 12 for three ordinances which provides for administration and enforcement of the
Airport, creates the office of Airport Administrator, establishes general and Airport
zoning regulations, and establishes the Airport Commission, Airport Zoning
Commission, and Airport Zoning Board of Adjustment.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Ws,
Mic ael C. Van Milligen
MCVM:jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Teri Goodmann, Assistant City Manager
THE CITY OF
DUBMEMORANDUM
Masterpiece on the Mississippi
CRENNA M. BRUMWELL, ESQ.
ASSISTANT CITY ATTORNEY
To: Michael Van Milligen
City Manager
DATE: July 22, 2014
RE: Boards and Commissions Airport Commission, Airport Zoning
Commission, and Airport Zoning Board of Adjustment
The City Attorney's Office, together with the City Clerk's Office and each individual
department, have been working on updating the Boards and Commissions ordinances
for the City of Dubuque. The goal is to make the standard provisions in all of the
ordinances uniform and consistent.
Attached please find draft ordinances for the Airport Commission, Airport Zoning Board
of Adjustment, and Airport Zoning Commission. For these three ordinances, a new Title
12 is adopted which provides for administration and enforcement of the Airport, creates
the office of Airport Administrator, establishes general and Airport zoning regulations,
and establishes the Airport Commission, Airport Zoning Commission, and Airport
Zoning Board of Adjustment.
The Airport Commission was originally established June 16, 1975; the Airport Zoning
Commission was originally established March 5, 1951; and the Airport Zoning Board of
Adjustment was originally established January 29, 1934.
I recommend that the ordinances be submitted to the City Council for consideration.
Please let me know if you need further information.
Thank you.
Prepared by: Crenna M. Brumwell, Esq. 300 Main Street Suite 330 Dubuque IA 52001 563 589-4381
ORDINANCE NO. 51-14
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 12 AIRPORT BY
REPEALING TITLE 12 AIRPORT AND ADOPTING A NEW TITLE 12 AIRPORT IN
LIEU THEREOF PROVIDING FOR ADMINISTRATION AND ENFORCEMENT OF THE
AIRPORT; CREATING THE OFFICE OF AIRPORT ADMINISTRATOR;
ESTABLISHING GENERAL REGULATIONS FOR THE AIRPORT; ESTABLISHING
AIRPORT ZONING REGULATIONS; ESTABLISHING THE AIRPORT COMMISSION;
ESTABLISHING THE AIRPORT ZONING COMMISSION; AND ESTABLISHING THE
AIRPORT ZONING BOARD OF ADJUSTMENT
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Title 12 of the City of Dubuque Code of Ordinances is amended to
read as follows:
Title 12
AIRPORT
Chapter 1
ADMINISTRATION AND ENFORCEMENT
12-1-1: AIRPORT MANAGER:
A. Office Created: The office of airport manager is hereby created, who shall
perform such duties as shall from time to time be required by the Airport Commission.
B. Duties: In addition to general management and supervision of the airport,
including the regulation of all activities connected therewith, the airport manager shall
be responsible for all activities of the civil landing area, the continued maintenance of
the civil landing area with adequate personnel, its protective facilities; acting to ensure
the operation of civil aircraft, persons, and businesses are in compliance with any rules
or regulations prescribed by the airport commission; issuing all permits approved by the
airport commission; and collecting all fees prescribed by ordinances of the city or the
rules and regulations provided for in this title.
Chapter 2
GENERAL REGULATIONS
12-2-1: NAME:
The airportlocated in Table Mound township now the property of the city is hereby
named "Dubuque Regional Airport".
12-2-2: GOVERNMENT REGULATIONS ADOPTED:
The federal aviation regulations and policies as established by the federal aviation
administration are hereby adopted by reference and made a part of this chapter.
12-2-3: PERMITS REQUIRED:
No person shall use the airport as a base or terminal for operating a commercial activity
or for the sale of refreshments or of any other commodity, gasoline, oil, or any other
merchandise, or rendering any services for hire within the confines of the airport without
having first secured any permits required per Airport Commission Policy.
12-2-4: VIOLATIONS; EJECTION OF OFFENDERS:
Any person operating or handling any aircraft or vehicle in violation of the provisions of
this title, the rules and regulations promulgated hereunder, or amendments thereto, or
who refuses to comply therewith may be promptly removed and ejected from the airport
by or under authority of the airport manager, and, upon the written order of the airport
manager, may be denied the further use of the airport and its facilities for such length of
time as may be required to ensure the safety of the airport and the public and its interest
therein.
12-2-5: OFF -AIRPORT CAR RENTAL BUSINESS:
No person operating a car rental business shall pick up a person at the airport for the
purpose of renting to such person a car or other motor vehicle without a prior written
agreement with the airport commission to conduct such car rental business.
12-2-6: PARKING LOTS ESTABLISHED; FEES:
A. Rules And Regulations: The airport commission is authorized and directed to
establish parking rules and regulations for the parking lots at the Dubuque regional
airport consistent with the City of Dubuque parking ordinances.
B. Parking Fees: The airport commission is authorized to establish parking fees at
the airport. It shall be unlawful for any person to park at the airport without paying the
established parking fee.
Chapter 3
AIRPORT ZONING REGULATIONS
12-3-1: SHORT TITLE:
This chapter shall be known and may be cited as the DUBUQUE REGIONAL AIRPORT
ZONING RESOLUTION.
12-3-2: DEFINITIONS:
As used in this chapter, unless the context otherwise requires, certain terms and words
shall be construed as provided in this section:
AIRPORT: The Dubuque regional airport and the lands embraced by the
description as provided in the most current exhibit A documentation located at
the airport administrative offices.
AIRPORT HAZARD: Any structure or tree or use of land which would exceed the
federal obstruction standards as contained in 14 CFR 77 and which obstructs the
airspace required for the flight of aircraft and landing or takeoff at an airport or is
otherwise hazardous to such landing or taking off of aircraft.
AIRPORT REFERENCE POINT: Latitude 42 degrees 24'07°16", longitude 90
degrees 42'34°14". Airport elevation one thousand seventy six feet (1,076') mean
sea level.
BOARD: The airport zoning board of adjustment created by the provisions of
section 12-6-1 of this chapter.
USABLE LANDING AREA: That portion of the airport which is used or intended
to be used for actual landings or takeoffs of aircraft at the airport.
12-3-3: ZONES:
A. Generally: In order to carry out the purpose of this chapter, airport airspace
created by this section must embrace the airport, and the area in, around, adjacent to,
and surrounding the published approach and departure corridors of the airport.
B. Class D Navigable Airspace:
1. The Dubuque regional airport is surrounded by class D navigable
airspace. This airspace is controlled during operating hours of the air traffic
control tower and extends five (5) statute miles from the airport and upward to
two thousand five hundred feet (2,500') above ground level.
2. Imaginary surfaces are established with relation to the airport and each
runway. The size, slope, and dimension of each imaginary surface is based on
the category of approach for each designated runway, as established under 14
CFR 77. Airport imaginary surfaces are continually updated and are available
from airport administration.
12-3-4: HEIGHT LIMITATIONS:
A. Generally: Except as otherwise provided in this chapter, no structure that
penetrates the zones may be erected, created, established, replaced, rebuilt, altered,
allowed to grow, or replanted in any zone described in section 12-3-3 of this chapter to
a height in excess of the height limits established by this section for the respective
zones.
B. Height And Hazard Zoning Map: No obstruction shall be erected, created,
established, planted, or allowed to grow in any imaginary surface area, in excess of
height limits established under 14 CFR 77 regulations and the Dubuque regional airport
height and hazard limitation map. These height limitations are continually updated and
are available from airport administration.
12-3-5: LAND AND NONCONFORMING USE RESTRICTIONS:
A. Land: Notwithstanding any other provisions of this chapter, no use may be made
of land in any of the zones described in section 12-3-3 of this chapter, in such a manner
as to create electrical interference with radio communications between aircraft and
ground stations, make it difficult for operators of aircraft to distinguish between lights on
the airport intended for aid in landing or taking off thereat or in aerial navigation, and
other lights, result in glare to the eyes of the operators of aircraft using the airport,
impair visibility in any of such zones or otherwise make hazardous the landing or taking
off of aircraft at the airport or the maneuvering of aircraft in connection with such
landings or takeoffs; provided, however, that the mere height of trees or structures on
any land in said zones conforming to the height restrictions prescribed in section 12-3-4
of this chapter shall not constitute a use of land in violation of this section.
B. Nonconforming Uses: The regulations prescribed in this chapter shall not be so
construed as to require the removal, lowering, changing or altering of any
nonconforming structure or tree nor as to otherwise interfere with any nonconforming
use of land nor as to 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 resolution 52-52 and which was diligently prosecuted and completed within one
year from the date thereof; provided, however, that the owner of any nonconforming
structure or tree is hereby required to permit the city and county, or either of them, at
the expense of such city or county to install, operate and maintain thereon such markers
and lights as shall be deemed by such city or county to be necessary to indicate to the
operators of aircraft in the vicinity of the airport, the presence of such airport hazards.
12-3-6: ENFORCEMENT:
The regulations prescribed by this chapter shall be administered and enforced by the
airport zoning commission created by Chapter 5 of this title and a resolution adopted by
the board of supervisors of the county. Such commission may select an administrator of
airport zoning regulations to assist in the performance of its duties, none of whom shall
be members of the board of adjustment.
12-3-7: CONFLICTING REGULATIONS:
In the event of any conflict between the requirements of this chapter and any other
regulations applicable to the same area, the more stringent limitation or regulation shall
govern and prevail.
Chapter 4
AIRPORT COMMISSION
12-4-1: COMMISSION CREATED:
There is hereby created the Airport Commission.
12-4-2: PURPOSE:
The purpose of the commission is to manage, control, and operate the Dubuque
Regional Airport.
12-4-3: INTERNAL ORGANIZATION AND RULES:
The commission shall promulgate and put in force such rules and regulations as shall
be deemed necessary and appropriate for the order, operation, management, control
and supervision of the Dubuque Regional Airport.
12-4-4: PROCEDURES FOR OPERATION:
All administrative, personnel, accounting, budgetary, and procurement policies of the
city govern the commission in all its operations, except where the policies are in conflict
with the regulations of the Federal Aviation Administration, the Transportation Security
Administration, or the Iowa Department of Transportation.
12-4-5: MEMBERSHIP:
A. The commission comprises five (5) residents of the city, appointed by the city
council.
B. No person may be appointed or reappointed to the commission if that
appointment or reappointment would cause the number of members of one gender to
be greater than one-half (1/2) of the membership of the commission plus one (1) unless
the city has made a good faith effort to appoint a qualified person to fill a vacancy on the
commission for a period of three (3) months but has been unable to make a compliant
appointment. The city must utilize a fair and unbiased method of selecting the best
qualified applicants.
12-4-6: OATH:
Each person, upon appointment or reappointment to the commission, must execute an
oath of office at the first meeting of the commission following the appointment or
reappointment or at the city clerk's office any time prior to the first meeting of the
commission.
12-4-7: TERMS:
The term of office for commissioners is four (4) years or until such member's successor
is appointed and qualified.
12-4-8: VACANCIES:
Vacancies must be filled in the same manner as original appointments.
12-4-9: OFFICERS/ORGANIZATION:
The commissioners must choose annually a chairperson and vice -chairperson, each- to
serve a term of one (1) year. The chairperson must appoint a secretary, who need not
be a commissioner. The commission must fill a vacancy among its officers for the
remainder of the officer's unexpired term.
12-4-10: MEETINGS:
A. Meetings. Meetings may be called by the chairperson or at the written request
of a majority of the commissioners.
B. Open Meetings. All meetings must be called and held in conformance with the
Iowa Open Meetings Law.
C. Attendance.
1. In the event a commissioner has been absent for three (3) or more
consecutive meetings of the commission, without being excused by the
chairperson, such absence will be grounds for the commission to recommend to
the city council that the position be declared vacant and a replacement
appointed.
2. Attendance must be entered upon the minutes of all meetings.
E. Minutes. A copy of the minutes of all regular and special meetings of the
commission must be filed with the city council within ten (10) working days after each
meeting, or by the next regularly scheduled city council meeting, whichever is later.
F. Quorum. Three (3) members of the commission constitute a quorum for the
transaction of business. The affirmative vote of a majority of the commissioners present
and voting is necessary for the adoption of any motion or resolution.
12-4-11: COMPENSATION:
Commissioners serve without compensation, provided that they may receive
reimbursement for necessary travel and other expenses while on official commission
business within the limits established in the city administrative policies and budget.
12-4-12: REMOVAL:
The city council may remove any commissioner for cause upon written charges and
after public hearing.
12-4-13: POWERS:
A. The commission has all of the powers in relation to airports granted to cities and
counties under state law, except powers to sell the airport.
B. All funds derived from taxation or otherwise for airport purposes are under the
control of the commission for the purposes of management, operation, and control of
the airport and must be deposited with the finance director to the credit of the
commission and must be disbursed only on the written warrant or order of the
commission including the payment of all indebtedness arising from the acquisition and
construction of airports and the maintenance, operation, and extension thereof.
12-4-14: ANNUAL REPORT:
An annual report will be prepared, submitted, and distributed in accordance with Iowa
Code Chapter 330.
Chapter 5
AIRPORT ZONING COMMISSION
12-5-1: COMMISSION CREATED:
There is hereby created the Airport Zoning Commission.
12-5-2: PURPOSE:
The purpose of the commission is to make recommendations to the Dubuque County
Board of Supervisors if there is an airport hazard that endangers the lives and property
of users of the Dubuque Regional Airport and the occupants of the land and other
persons in its vicinity, or if a hazard impairs the utility of the airport.
12-5-3: INTERNAL ORGANIZATION AND RULES:
The commission may adopt rules and regulations to govern its organizational
procedures as may be necessary and which are not in conflict with this Code of
Ordinances or the Iowa Code.
12-5-4: PROCEDURES FOR OPERATION:
All administrative, personnel, accounting, budgetary, and procurement policies of the
city govern the commission in all its operations, except where the policies are in conflict
with the regulations of the Federal Aviation Administration, the Transportation Security
Administration, or the Iowa Department of Transportation.
12-5-5: MEMBERSHIP:
A. The commission comprises five (5) members, selected and appointed as follows:
1. Two (2) members appointed by the city council from the City of Dubuque
Zoning Advisory Commission;
2. Two (2) members appointed by the Dubuque County Board of
Supervisors; and
3. One (1) member from the public at -large appointed by the other four (4)
members. This member will serve as chairperson.
B. No person may be appointed or reappointed to the commission if that
appointment or reappointment would cause the number of members of one gender to
be greater than one-half (1/2) of the membership of the commission plus one (1) unless
the city has made a good faith effort to appoint a qualified person to fill a vacancy on the
commission for a period of three (3) months but has been unable to make a compliant
appointment. The city must utilize a fair and unbiased method of selecting the best
qualified applicants.
12-5-6: OATH:
Each person, upon appointment or reappointment to the commission, must execute an
oath of office at the first meeting of the commission following the appointment or
reappointment or at the city clerk's office any time prior to the first meeting of the
commission.
12-5-7: TERMS:
The term of office for commissioners is six (6) years or until such member's successor
is appointed and qualified, provided, however, that the terms of the cross -representative
appointees from the City of Dubuque Zoning Advisory Commission must coincide with
their terms on the Zoning Advisory Commission.
12-5-8: VACANCIES:
Vacancies must be filled in the same manner as original appointments.
12-5-9: OFFICERS/ORGANIZATION:
The commissioners must choose annually a vice -chairperson to serve a term of one (1)
year. The chairperson must appoint a secretary, who need not be a commissioner. The
commission must fill a vacancy among its officers for the remainder of the officer's
unexpired term.
12-5-10: MEETINGS:
A. Meetings. Meetings may be called by the chairperson or at the written request of
a majority of the commissioners.
B. Open Meetings. All meetings must be called and held in conformance with the
Iowa Open Meetings Law.
C. Attendance.
1. In the event a commissioner has been absent for three (3) or more
consecutive meetings of the commission, without being excused by the
chairperson, such absence will be grounds for the commission to recommend to
the city council that the position be declared vacant and a replacement
appointed.
2. Attendance must be entered upon the minutes of all meetings.
D. Minutes. A copy of the minutes of all regular and special meetings of the
commission must be filed with the city council within ten (10) working days after each
meeting, or by the next regularly scheduled city council meeting, whichever is later.
E. Quorum. Three (3) members of the commission constitute a quorum for the
transaction of business. The affirmative vote of a majority of the commissioners present
and voting is necessary for the adoption of any motion or resolution.
12-5-11: COMPENSATION:
Commissioners serve without compensation, provided that they may receive
reimbursement for necessary travel and other expenses while on official commission
business within the limits established in the city and county administrative policies and
budget.
12-5-12: REMOVAL:
The city council may remove any commissioner for cause upon written charges and
after public hearing.
12-5-13: POWERS:
The commission has the following powers, duties, and responsibilities:
A. To make recommendations to the Dubuque County Board of Supervisors
and the city council as to the boundaries of the original airport hazard area and
the appropriate regulations and restrictions to be enforced therein. The
commission must, with due diligence, prepare a preliminary report on such
matters and hold public hearings thereon before submitting its final report.
B. The commission has such other powers and duties as may hereafter be
assigned to it by the Iowa Code or joint resolution of the Dubuque County Board
of Supervisors and the city council.
Chapter 6
AIRPORT ZONING BOARD OF ADJUSTMENT
12-6-1: BOARD CREATED:
There is hereby created the Airport Zoning Board of Adjustment.
12-6-2: PURPOSE:
The purpose of the board is to hear petitions of those who seek to modify regulations.
and restrictions regarding airport zoning issues.
12-6-3: INTERNAL ORGANIZATION AND RULES:
The board may adopt rules and regulations to govern its organizational procedures as
may be necessary and which are not in conflict with this Code of Ordinances or the
Iowa Code.
12-6-4: PROCEDURES FOR OPERATION:
All administrative, personnel, accounting, budgetary, and procurement policies of the
city govern the board in all its operations, except where the policies are in conflict with
the regulations of the Federal Aviation Administration, the Transportation Security
Administration, or the Iowa Department of Transportation.
12-6-5: MEMBERSHIP:
A. The board consists of five (5) residents of the city.
B. Special Qualifications.
1. Two (2) members must be selected by the city council from the City of
Dubuque Zoning Board of Adjustment.
2. Two (2) members must be selected by the Dubuque County Board of
Supervisors.
3. One (1) member from the public at -large must be appointed by the other
four (4) members. This member will serve as chairperson.
C. No person may be appointed or reappointed to the board if that appointment or
reappointment would cause the number of members of one gender to be greater than
one -haft (%) of the membership of the board plus one (1) unless the city has made a
good faith effort to appoint a qualified person to fill a vacancy on the board for a period
of three (3) months but has been unable to make a compliant appointment. The city
must utilize a fair and unbiased method of selecting the best qualified applicants.
12-6-6: OATH:
Each person, upon appointment or reappointment to the board, must execute an oath of
office at the first meeting of the board following the appointment or reappointment or at
the city clerk's office any time prior to the first meeting of the board.
12-6-7: TERMS:
The term of office for members of the board is five (5) years or until such member's
successor is appointed and qualified, provided, however, that the terms of the cross -
representative appointees from the City of Dubuque Zoning Board of Adjustment must
coincide with their terms on the Zoning Board of Adjustment.
12-6-8: VACANCIES:
Vacancies must be filled in the same manner as original appointments.
12-6-9: OFFICERS/ORGANIZATION:
The board must choose annually a vice -chairperson to serve a term of one (1) year. The
chairperson must appoint a secretary, who need not be a member of the board. The
board must fill a vacancy among its officers for the remainder of the officer's unexpired
term.
12-6-10: MEETINGS:
A. Meetings. Meetings may be called by the chairperson or at the written request of
a majority of the members.
B. Open Meetings. All meetings must be called and held in conformance with the
Iowa Open Meetings Law.
C. Attendance.
1. In the event a member of the board has been absent for three (3) or more
consecutive meetings of the board, without being excused by the chairperson,
such absence will be grounds for the board to recommend to the city council that
the position be declared vacant and a replacement appointed.
2. Attendance must be entered upon the minutes of all meetings.
D. Minutes. A copy of the minutes of all regular and special meetings of the board
must be filed with the city council within ten (10) working days after each meeting, or by
the next regularly scheduled city council meeting, whichever is later.
E. Quorum. Three (3) members of the board constitute a quorum for the transaction
of business. The affirmative vote of a majority of the members present and voting is
necessary for the adoption of any motion or resolution. The affirmative vote of a majority
of the board is 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 the board is required to pass under this chapter, or to effect any variation from the
terms thereof.
12-6-11: COMPENSATION:
Members serve without compensation, provided that they may receive reimbursement
for necessary travel and other expenses while on official board business within the limits
established in the city and county administrative policies and budget.
12-6-12: REMOVAL:
The city council may remove any member for cause upon written charges and after
public hearing.
12-6-13: POWERS:
The board has the following powers, duties, and responsibilities:
A. To hear and decide appeals where it is alleged there is error in any order,
requirement, decision, or determination made by an administrative official in the
enforcement of this chapter.
B. To authorize upon appeal in specific cases such variance from the terms
of this chapter as will not be contrary to the public interest, where owing to
special conditions a literal enforcement of the provisions of this chapter will result
in unnecessary hardship, and so that the spirit of this chapter will be observed
and substantial justice done.
C. The procedures and appeals of the board must be in accordance with this
Code of Ordinances and the Iowa Code.
12-6-14: SCOPE OF AUTHORITY ON APPEALS:
In exercising its powers on appeal, the board may reverse or affirm wholly or partly or
may modify the order, requirement, decision, or determination appealed from and may
make such order, requirement, decision, or determination as ought to be made and to
that end have all of the powers of the officer from whom the appeal is taken.
Section 2. Nothing herein effects the term of any person serving as a member as
of the effective date of this Ordinance.
Section 3. This Ordinance takes effect upon publication.
Passed, approved, and adopted the 4th day of August, 2014.
Roy D. Buol f 1ayor
Attest:
Kevin ' . Firnstahl, ity
EFFECT OF AMENDMENT
Title 12
AIRPORT
Chapter 1
ADMINISTRATION AND ENFORCEMENT
12 1 1: AIRPORT COMMISSION:
A. Powers, Generally: The airport commiscion of the city chall have and exercicc
the p wers to manage and control the regional airport of the city, except that such
commission shall not have the power to sell such airport.
• . _ P L.1
cuch rules and regulations as shall be deemed necessary and appropriate for the order,
operation, management, control and supervisi n f the regi nal airport.
C. Powers, Control Of Funds: All funds derived from taxation or otherwise for airport
purpoccc chall be under the c ntr I f the airport commission of thc city for thc
deposited with the finance director city treasurer to the credit of the airport commission
and shall be disbursed only on the written warrant or order of the airport commission
of airports and the maintenance, operation and extension thereof.
D. Oath: Each member of the airport commission of the city shall qualify by taking
the oath of office.
E. Certification Of Annual Tax Levy: The airport commission of the city shall
annually, certify the amount of tax within the limitations of law to be levied for airport
purposes and upon such certification, the city council may include such amount in its
budget.
clerk's office.
G. Appointment; Terms; Compensation:
without compensation.
2. The commission shall elect from its own mcmbcrc, a chairpercon, vice
chair and a secretary who shall serve for such term as the commission shall
determine.
12-1-12.: AIRPORT MANAGER:
A. Office Created: The office of airport manager is hereby created, who shall
perform such duties as shall from time to time be required by the Airport Commission.
B. Duties: In addition to general management and supervision of the airport,
including the regulation of all activities connected therewith, the airport manager shall
be responsible for all activities of the civil landing area, the continued maintenance of
the civil landing area with adequate personnel, its protective facilities, and records of all
flight operations as may be required by the federal aviation administration; acting to
ensuropFehibit the operation of civil aircraft, persons, and businesses are in
complianceviolation of with any rules or regulations prescribed by the airport
commissionfcdcral aviation administrati n; issuinj e all permits approved by the airport
commission; and collectinjc all fees prescribed by ordinances of the city or the rules and
regulations provided for in this title.
12 1 3: AIRPORT ZONING COMMISSION:
A. Commission Established: There is hereby established a joint commission to be
known as the airport zoning commission of the county and city.
B. Composition: The commission established by this section shall be composed of
five (5) members selected and appointed as follows:
1. Two (2) members selected by the city council;
2. Two (2) members selected by the board of supervisors of this county;
3. One member selected by the four (0) members selected by the city council
and county board of supervisors.
C. Terms: The terms of the members of the commission established by this section
shall be for four (/1) years.
D. Powers And Duties:
1. The commission established by this section chall make recommendations
to the board of supervisors of the county and the city council as to the boundaries
and restrictions to be enforced therein. Such commiccion chall, with due
diligence, prepare a preliminary report on cuch matters and hold public horing°
thereon before submitting its final report.
Formatted: Indent: Left: 0.5"
2. The commission shall have such other powers and duties as may
hereafter be assigned to it by joint resolution of the board of supervisors of the
county and the city council.
Chapter 2
GENERAL REGULATIONS
12-2-1: NAME:
The airport located in Table Mound township now the property of the city is hereby
1 named "Dubuque Rfegional Aairport".
12 2 2: LIMITATIONS ON USE:
States department of transportati n shall operate on or ver the airport; provided,
or of a state, territory or possession, or of a political subdivision thereof, or to aircraft
licenced by a f reign country with which the United States hac a reciprocal agreement
covering the operation of such licensed aircraft.
12-2-23: GOVERNMENT REGULATIONS ADOPTED; CONFORMANCE:
A. Adoption: The federal aviationai. regulations and policies as established by the
federal aviation administration are hereby adopted by reference and made a part of this
chapter - _-_ .. - - • -- '
B. Conformance Required: No person shall navigate any aircraft over, land upon, or
fly the same from, or eervice, maintain, or repair any aircraft upon the airp rt, r conduct
any aircraft operations on or from the airport otherwise than in conformity with the
requirements of the federal aviation administration.
12-2-34: PERMITS REQUIRED:
A. Aviation: No person shall use the airport as a base or terminal for operating a
commercial activity o
passengers, freight, express, mail, or for student flying, communications or other
commercial or private purpose, without first securing a permit from the airport
commission and paying the fees and charges prescribed for such privileges, uses, or
for the sale of
refreshments or of any other commodity, gasoline, oil, or any other merchandise, or
renderinj any services for hire within the confines of the airport without having first
secured any permits required per Airport Commission Policy.concession
greementpermit from the airport commission and paid, or made caticfactory
determined by the airport commission for such privilege or concession.
12 2 5: REGISTRATION REQUIRED:
The names, addresses, telephone numbers, and nature of business or occupation of al[
persons stationed or employed upon the city airport or receiving instruction thereon, or
United States officers or personnel.
12 2 6: WAIVER AND INDEMNIFICATION OF CITY:
The permission granted by the airport commission to use the airport and its facilities, or
to fly to, from or over the same, shall be at all times conditioned upon the assumption of
full responsibility therefor by every person exercising or taking advantage of such
permission. It shall be a further condition thereof that each person, as a consideration
f r the use of the airport and for its facilities, shall at all times release, hold harmlecc
responsibility, liability, loss or damage resulting to any such person, or caused by or on
his behalf and incident to the manner in which the airp rt is operated, constructed r
maintained, or served from within or without, or used from without. The use of the
airport by any person for any purpose, or the paying of fees therefor, or the taking off or
12-2-'17: VIOLATIONS; EJECTION OF OFFENDERS:
Any person operating or handling any aircraft or vehicle in violation of the provisions of
this title, the rules and regulations promulgated hereunder, or amendments thereto, or
who refuses to comply therewith mays -1:44 be promptly removed and ejected from the
airport by or under authority of the airport manager, and, upon the written order of the
airport manager, may be denied the further use of the airport and its facilities for such
length of time as may be required to ensure the safety of the airport and the public and
its interest therein.
1 12-2-56: OFF—AIRPORT CAR RENTAL BUSINESS:
No person operating a car rental business shall pick up a person at the airport for the
purpose of renting to such person a car or other motor vehicle without a prior written
agreement with the airport commission to conduct such car rental business.
1 12-2-69: PARKING LOTS ESTABLISHED; FEES:
A. Rules And Regulations: The airport commission is authorized and directed to
establish parking rules and regulations for the parking lots at the Dubuque regional
airport consistent with the City of Dubuque parking ordinances. B. Parking Spac
And Traffic Lancs: The airport commission shall ectablich and dccignatc by cuitablc
markings, parking spaces and traffic lanes on airport parking lots. It shall be unlawful to
park any motor vehicle in such a position that the same shall not be entirely within such
marked parking space or to park in other than marked parking spaces.
CB. Parking Fees: The airport commission is authorized to establish parking fees at
the airport. It shall be unlawful for any person to park at the airport without paying the
established parking fee.
Chapter 3
AIRPORT ZONING REGULATIONS
12-3-1: SHORT TITLE:
This chapter shall be known and may be cited as the DUBUQUE REGIONAL AIRPORT
ZONING RESOLUTION.
12-3-2: DEFINITIONS:
As used in this chapter, unless the context otherwise requires, certain terms and words
shall be construed as provided in this section:
AIRPORT: The Dubuque regional airport and the lands embraced by the
description as provided in the most current exhibit A documentation located at
the airport administrative offices.
AIRPORT HAZARD: Any structure or tree or use of land which would exceed the
federal obstruction standards as contained in 14 CFR 77
regulations, sections 77.21, 77.23 and 77.25 as revised March /I, 1972, and
which obstructs the airspace required for the flight of aircraft and landing or
takeoff at an airport or is otherwise hazardous to such landing or taking off of
aircraft.
AIRPORT REFERENCE POINT: Latitude 42 degrees 24'07°16", longitude 90
degrees 42'34°14". Airport elevation one thousand seventy six feet (1,076') mean
sea level.
BOARD: The airport zoning board of adjustment created by the provisions of
section 12-63-13 of this chapter.
USABLE LANDING AREA: That portion of the airport which is used or intended
to be used for actual landings or takeoffs of aircraft at the airport.
12 3 3: BOARD OF ADJUSTMENT:
A. Board Established; Composition; Terms: An airport zoning board of adjustment is
hereby established which shall consist of five (5) members, two (2) to be selected by thc
city council, two (2) to be selected by the board of supervisors of the county and an
vote of the members selected by the city and the county. The terms of the members of
the board shall be for five (5) years.
established by this section shall be in accordance with the provisions of section '111.9,
code of Iowa.
C. Powers: The airport zoning b and of adjustment shall have the f (lowing powers.
1. To hear and decide appeals where it is alleged there is error in any order,
requirement, decision or determinati n made by an administrative official in the
enforcement of this chapter.
2. To authorize in specific cases such variances from the terms of this
chapter as will not be contrary to the public interest, when the board shall find
that, owing to special conditi ns, a literal application or enforcement of thc
regulations would result in practical difficulty or unnecessary hardship, if the
the code of Iowa and would do substant-ial4lstice. The board in allowing
variances may impose such reasonable conditions as it may deem necessary to
effectuate the purposes of this chapter including thc reservation of thc right to thc
city and county, or either of them, at the expense of such city or county to install,
shall be acc mpanied by a written findings of fact based upon sworn testimony
and evidence specifying the reasons for granting or denying the variation.
D. Scope Of Authority On Appeals: In exercising its powers on appeal, the board
order, requirement, decision or determination as ought to be made and to that end shall
have all of the powers of the officer from whom the appeal is taken.
E. Required Vote On Decisions: The concurring vote of a majority of the board
established by this section shall be necessary to reverse any order, requirement,
applicant on any matter on which it is required to pass under this chapter or to effect
any variation from the terms thereof.
F. Review Of Decisions: Review of decisions of thc board established by this
recti n than be in accordance with sections 111.15 to 111.19, inclusive, of the code of
lowa.
Formatted: Indent: Left: 0"
Formatted: Indent: Left: 0.5"
12-3-43: ZONES:
A. Generally: In order to carry out the purpose of this chapter, airport airspace 1s
created by this section must embrace the airport, Viand the area in, and
around, adjacent to, and surrounding the boundaricepublished approach and departure
corridors of the airport, which airspace shall be as provided in this section.
B. Class D Navigable Airspace:
1. The Dubuque regional airport is surrounded by class D navigable
airspace. This airspace is controlled during operating hours of the air traffic
control tower and extends five (5) statute miles from the airport and upward to
two thousand five hundred feet (2,500') above ground level.
2. Imaginary surfaces are established with relation to the airport and each
runway. The size, slope, and dimension of each imaginary surface is based on
the category of approach for each designated runway, as established under 14
CFR 111 part 77. Airport imaginary surfaces are continually updated and are
available from airport administration.
12-3-45: HEIGHT LIMITATIONS:
A. Generally: Except as otherwise provided in this chapter, no structure that
penetrates the zonesor trrc mays be erected, created, established, replaced, rebuilt,
alteredplanted r allowed to grow, or replanted in any zone described in section 12-3-
34 of this chapter to a height in excess of the height limits established by this section for
the respective zone , • - _ _
rebuilt, altered, allowed to grow higher, or replanted in any such zone as to extend
greater height than the height thereof prior to such change or as to constitute a greater
airport hazard than it wac on March 3, 1052, or at the time of any amendmentc to thic
chapter.
B. Height And Hazard Zoning Map: No obstruction shall be erected, created,
established, planted, or allowed to grow in any imaginary surface area, in excess of
height limits established under 14 CFR 1/1 part 77 regulations and the Dubuque regional
airport height and hazard limitation map. These height limitations are continually
updated and are available from airport administration.
1 12-3-56: LAND AND NONCONFORMING USE RESTRICTIONS:
A. Land: Notwithstanding any other provisions of this chapter, no use may be made
of land in any of the zones described in section 12-3-34 of this chapter, in such a
manner as to create electrical interference with radio communications between aircraft
and ground stations, make it difficult for operators of aircraft to distinguish between
lights on the airport intended for aid in landing or taking off thereat or in aerial
navigation, and other lights, result in glare to the eyes of the operators of aircraft using
the airport, impair visibility in any of such zones or otherwise make hazardous the
landing or taking off of aircraft at the airport or the maneuvering of aircraft in connection
with such landings or takeoffs; provided, however, that the mere height of trees or
structures on any land in said zones conforming to the height restrictions prescribed in
section 12-3-4.5 of this chapter shall not constitute a use of land in violation of this
section.
B. Nonconforming Uses: The regulations prescribed in this chapter shall not be so
construed as to require the removal, lowering, changing or altering of any
nonconforming structure or tree nor as to otherwise interfere with any nonconforming
use of land nor as to 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 resolution 52-52 and which was diligently prosecuted and completed within one
year from the date thereof; provided, however, that the owner of any nonconforming
structure or tree is hereby required to permit the city and county, or either of them, at
the expense of such city or county to install, operate and maintain thereon such markers
and lights as shall be deemed by such city or county to be necessary to indicate to the
operators of aircraft in the vicinity of the airport, the presence of such airport hazards.
12 3 7: APPEALS:
A. Cenerally: Appeals to the airport zoning board of adjustment may be taken by
the terms and provisions of this chapter. Such appeal chall be taken within a rcaconablc
time as provided by the rules of the board by filing with the officer from whom the appea[
is taken and with the board a notice of appeal cpccifying thc groundc thereof. The
officer from whom thc appal is taken shall forthwith tranzmit to the board all the papers
constituting the record upon which the action appealed from was taken.
proceedings in furtherance of the action appealed from, unless the officer from whom
proceedings shall not be stayed otherwise than by a restraining order which may be
12-3-64: ENFORCEMENT:
The regulations prescribed by this chapter shall be administered and enforced by the
airport zoning commission created by Chapter 5section 12 1 1 of this title and a
resolution adopted by the board of supervisors of the county on March 13, 1951. Such
commission may select an administrator of airport zoning regulations to assist in the
1 performance of its duties, none of whom shall be members of the board of adjustment.
1 12-3-7Q: CONFLICTING REGULATIONS:
In the event of any conflict between the requirements of this chapter and any other
regulations applicable to the same area, the more stringent limitation or regulation shall
govern and prevail.
Chapter 4
AIRPORT COMMISSION
12-4-1: COMMISSION CREATED:
There is hereby created the Airport Commission.
12-4-2: PURPOSE:
The purpose of the commission is to manage, control, and operate the Dubuque
Regional Airport.
12-4-3: INTERNAL ORGANIZATION AND RULES
The commission shall promulgate and put in force such rules and regulations as shall --
be deemed necessary and appropriate for the order, operation, management control
and supervision of the Dubuque Regional Airport,
12-4-4: PROCEDURES FOR OPERATION:
All administrative, personnel, accounting, budgetary, and procurement policies of the
city govern the commission in all its operations, except where the policies are in conflict
with the regulations of the Federal Aviation Administration the Transportation Security
Administration, or the Iowa Department of Transportation.
12-4-5: MEMBERSHIP:
A. The commission comprises of five (5) residents of the city, appointed by the city
council.
B. No person may be appointed or reappointed to the commission if that
appointment or reappointment would cause the number of members of one gender to
be greater than one-half (1/2) of the membership of the commission plus one (1) unless
the city has made a good faith effort to appoint a qualified person to fill a vacancy on the
commission for a period of three (3) months but has been unable to make a compliant
appointment. The city must utilize a fair and unbiased method of selecting the best
qualified applicants.
Formatted: Not All caps, Not Highlight
_ - I Formatted: Font: Not Bold, Not All caps,
Not Highlight
12-4-6: OATH:
Each person, upon appointment or reappointment to the commission, must execute an
oath of office at the first meeting of the commission following the appointment or
reappointment or at the city clerk's office any time prior to the first meeting of the
commission.
12-4-7: TERMS:
The term of office for commissioners is four (4) nears or until such member's successor
is appointed and qualified.
12-4-8: VACANCIES:
Vacancies must be filled in the same manner as original appointments.
12-4-9: OFFICERS/ORGAN IZATION:
The commissioners must choose annually a chairperson and vice -chairperson, each to
serve a term of one (1) year. The chairperson must appoint a secretary, who need not
be a commissioner. The commission must fill a vacancy among its officers for the
remainder of the officer's unexpired term.
12-4-10: MEETINGS:
A. Meetings. Meetings may be called by the chairperson or at the written request of Formatted: List Paragraph, Indent Left: 0"
a majority of the commissioners.
Formatted: List Paragraph, Indent Left: 1"
B. Open Meetings. All meetings must be called and held in conformance with the
Iowa Open Meetings Law.
C. Attendance.
1. In the event a commissioner has been absent for three (3) or more
consecutive meetings of the commission, without being excused by the
chairperson, such absence will be grounds for the commission to recommend to
the city council that the position be declared vacant and a replacement
appointed.
2. Attendance must be entered upon the minutes of all meetings.
E. Minutes. A copy of the minutes of all regular and special meetings of the
commission must be filed with the city council within ten (10) working days after each
meeting, or by the next regularly scheduled city council meeting, whichever is later.
F. Quorum. Three (3) members of the commission constitute a quorum for the
transaction of business. The affirmative vote of a majority of the commissioners present
and voting is necessary for the adoption of any motion or resolution.
12-4-11: COMPENSATION:
Commissioners serve without compensation, provided that they may receive
reimbursement for necessary travel and other expenses while on official commission
business within the limits established in the city administrative policies and budget.
12-4-12: REMOVAL:
The cid council may remove any commissioner for cause upon written charges and
after public hearing.
12-4-13: POWERS:
A. The commission has all of the powers in relation to airports granted to cities and
counties under state law, except powers to sell the airport.
B. All funds derived from taxation or otherwise for airport purposes are under the
control of the commission for the purposes of management, operation, and control of
the airport and must be deposited with the finance director to the credit of the
commission and must be disbursed only on the written warrant or order of the
commission including the payment of all indebtedness arising from the acquisition and
construction of airports and the maintenance, operation, and extension thereof.
12-4-14: ANNUAL REPORT:
An annual report will be prepared, submitted, and distributed in accordance with Iowa
Code Chapter 330.
Chapter 5
AIRPORT ZONING COMMISSION
12-5-1: COMMISSION CREATED:
There is hereby created the Airport Zoning Commission.
12-5-2: PURPOSE:
The purpose of the commission is to make recommendations to the Dubuque County
Board of Supervisors if there is an airport hazard that endangers the lives and property
of users of the Dubuque Regional Airport and the occupants of the land and other
persons in its vicinity, or if a hazard impairs the utility of the airport.
12-5-3: INTERNAL ORGANIZATION AND RULES:
The commission may adopt rules and regulations to govern its organizational
procedures as may be necessary and which are not in conflict with this Code of
Ordinances or the Iowa Code.
12-5-4: PROCEDURES FOR OPERATION:
All administrative, personnel, accountinq_budgetarv, and procurement policies of the
city Govern the commission in all its operations, except where the policies are in conflict
with the regulations of the Federal Aviation Administration, the Transportation Security
Administration or the Iowa Department of Transportation.
12-5-5: MEMBERSHIP:
A. The commission comprises of five (5) members, selected and appointed as
follows:
1. Two (2) members appointed by the city council from the City of Dubuque
Zoning Advisory Commission:
2. Two (2) members appointed by the Dubuque County Board of
Supervisors: and
3. One (1) member from the public at -large appointed by the other four (4)
members. This member will serve as chairperson.
B. No person may be appointed or reappointed to the commission if that
appointment or reappointment would cause the number of members of one gender to
be greater than one-half (1/2) of the membership of the commission PI us one (1) unless
the city has made a good faith effort to appoint a qualified person to fill a vacancy on the
commission for a period of three (3) months but has been unable to make a compliant
appointment. The city must utilize a fair and unbiased method of selecting the best
qualified applicants.
12-5-6: OATH:
Each person, upon appointment or reappointment to the commission, must execute an
oath of office at the first meeting of the commission following the appointment or
reappointment or at the city clerk's office any time prior to the first meeting of the
commission.
12-5-7: TERMS:
The term of office for commissioners is six (6) years or until such member's successor
is appointed and qualified, provided, however, that the terms of the cross -representative
appointees from the City of Dubuque Zoning Advisory Commission must coincide with
their terms on the Zoning Advisory Commission.
12-5-8: VACANCIES:
Vacancies must be filled in the same manner as original appointments.
12-5-9: OFFICERS/ORGANIZATION:
The commissioners must choose annually a vice -chairperson to serve a term of one (1)
year. The chairperson must appoint a secretary, who need not be a commissioner. The
commission must fill a vacancy among its officers for the remainder of the offcier's
unexpired term.
12-5-10. MEETINGS:
A. Meetings. Meetings may be called by the chairperson or at the written request of
a majority of the commissioners.
B. Open Meetings. All meetings must be called and held in conformance with the
Iowa Open Meetings Law.
C. Attendance.
1. In the event a commissioner has been absent for three (3) or more
consecutive meetings of the commission without being excused by the
chairperson, such absence will be grounds for the commission to recommend to
the city council that the position be declared vacant and a replacement
appointed.
2. Attendance must be entered upon the minutes of all meetings.
D. Minutes. A copy of the minutes of all regular and special meetings of the
commission must be filed with the city council within ten (10) working days after each
meeting, or by the next regularly scheduled city council meeting, whichever is later.
E. Quorum. Three (3) members of the commission constitute a quorum for the
transaction of business. The affirmative vote of a majority of the commissioners present
and voting is necessary for the adoption of any motion or resolution.
12-5-11. COMPENSATION:
Commissioners serve without compensation provided that they may receive
reimbursement for necessary travel and other expenses while on official commission
business within the limits established in the city and county administrative policies and
budget.
12-5-12: REMOVAL:
The city council may remove any commissioner for cause upon written charges and
after public hearing.
12-5-13: POWERS:
The commission has the following powers, duties, and responsibilities:
A. To make recommendations to the Dubuque County Board of Supervisors
and the city council as to the boundaries of the original airport hazard area and
the appropriate regulations and restrictions to be enforced therein. The
commission must, with due diligence, prepare a preliminary report on such
matters and hold public hearings thereon before submitting its final report.
B. The commission has such other powers and duties as may hereafter be
assigned to it by the Iowa Code or ioint resolution of the Dubuque County Board
of Supervisors and the city council.
Chapter 6
AIRPORT ZONING BOARD OF ADJUSTMENT
12-6-1: BOARD CREATED:
There is hereby created the Airport Zoning Board of Adjustment.
12-6-2: PURPOSE:
The purpose of the board is to hear petitions of those who seek to modiy regulations
and restrictions regarding airport zoning issues.
12-6-3: INTERNAL ORGANIZATION AND RULES:
The board may adopt rules and regulations to govern its organizational procedures as
may be necessary and which are not in conflict with this Code of Ordinances or the
Iowa Code.
12-6-4: PROCEDURES FOR OPERATION:
All administrative, personnel, accounting, budgetary, and procurement policies of the
city govern the board in all its operations, except where the policies are in conflict with
the regulations of the Federal Aviation Administration, the Transportation Security
Administration, or the Iowa Department of Transportation.
12-6-5: MEMBERSHIP:
A. The board comprises of five (5) residents of the city.
B. Special Qualifications.
1. Two (2) members must be selected by the city council from the City of
Dubuque Zoning_Board of Adjustment.
2. Two (2) members must be selected by the Dubuque County Board of
Supervisors.
3. One (1) member from the public at -large must be appointed by the other
four (4) members. This member will serve as chairperson.
C. No person may be appointed or reappointed to the board if that appointment or
reappointment would cause the number of members of one gender to be greater than
one-half (1/2) of the membership of the board plus one (1) unless the city has made a
good faith effort to appoint a qualified person to fill a vacancy on the board for a period
of three (3) months but has been unable to make a compliant appointment. The city
must utilize a fair and unbiased method of selecting the best qualified applicants.
12-6-6: OATH:
Each person, upon appointment or reappointment to the board, must execute an oath of
office at the first meeting of the board following the appointment or reappointment or at
the city clerk's office any time prior to the first meeting of the board.
12-6-7: TERMS:
The term of office for members of the board is five (5) years or until such member's
successor is appointed and qualified provided, however, that the terms of the cross -
representative appointees from the City of Dubuque Zoning Board of Adjustment must
coincide with their terms on the Zoning Board of Adjustment.
12-6-8: VACANCIES:
Vacancies must be filled in the same manner as original appointments.
12-6-9: OFFICERS/ORGAN IZATION:
The board must choose annually a vice -chairperson to serve a term of one (1) year. The
chairperson must appoint a secretary who need not be a member of the board. The
board must fill a vacancy among its officers for the remainder of the officer's unexpired
term.
12-6-10: MEETINGS:
A. Meetings. Meetings may be called by the chairperson or at the written request of
a majority of the members.
B. Open Meetings. All meetings must be called and held in conformance with the
Iowa Open Meetings Law.
C. Attendance.
1. In the event a member of the board has been absent for three (3) or more
consecutive meetings of the board, without being excused by the chairperson,
such absence will be grounds for the board to recommend to the city council that
the position be declared vacant and a replacement appointed.
2. Attendance must be entered upon the minutes of all meetings.
D. Minutes. A copy of the minutes of all regular and special meetings of the board
must be filed with the city council within ten (10) working days after each meeting, or by
the next regularly scheduled city council meeting, whichever is later.
E. Quorum. Three (3) members of the board constitute a quorum for the transaction
of business. The affirmative vote of a majority of the members present and voting is
necessary for the adoption of any motion or resolution. The affirmative vote of a majority
of the board is 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 the board is required to pass under this chapter, or to effect any variation from the
terms thereof.
12-6-11 COMPENSATION:
Members serve without compensation, provided that they may receive reimbursement
for necessary travel and other expenses while on official board business within the limits
established in the city and county administrative policies and budget.
12-6-12: REMOVAL.
The city council may remove any member for cause upon written charges and after
public hearing.
12-6-13: POWERS:
The board has the following powers, duties, and responsibilities:
A. To hear and decide appeals where it is alleged there is error in any order,
requirement, decision, or determination made by an administrative official in the
enforcement of this chapter.
B. To authorize upon appeal in specific cases such variance from the terms
of this chapter as will not be contrary to the public interest, where owing to
special conditions a literal enforcement of the provisions of this chapter will result
in unnecessary hardship, and so that the spirit of this chapter will be observed
and substantial justice done.
C. The procedures and appeals of the board must be in accordance with this
Code of Ordinances and the Iowa Code.
12-6-14: SCOPE OF AUTHORITY ON APPEALS:
In exercising its powers on appeal, the board may reverse or affirm wholly or partly or
may modify the order, requirement, decision, or determination appealed from and may
make such order, requirement, decision, or determination as ought to be made and to
that end have all of the powers of the officer from whom the appeal is taken.
STATE OF IOWA {SS:
DUBUQUE COUNTY
CERTIFICATION OF PUBLICATION
I, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher
of the Telegraph Herald,a newspaper of general circulation published in the City of Dubuque, County
of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper
on the following dates: August 8, 2014, and for which the charge is $273.15.
Subscribed to before me, /a Notary Public in and for Dubuque County, Iowa,
/Ale 9 day of 4 ,/ , 20 -
OFFICIAL
PUBLICATION
ORDINANCE
NO. 51-14
AMENDING CITY OF
DUBUQUE CODE OF
ORDINANCES - TITLE
12 AIRPORT BY.
REPEALING TITLE 12
AIRPORT" AND
ADOPTING A NEW Thi
TLE 12- AIRPORT - N
LIEU THEREOF PRO-
VIDING FOR ADMIN-
ISTRATION ANDS EN-
IFORCEMENT OF 'THE
'AIRPORT; CREATING
I THE OFFICE OF !AIR-
' PORT ADMINISTRA
TOR; ESTABLISHING
GENERAL REGULA-
TIONS FOR
EGULA-TIONS.FOR THE AIR
PORT; ESTABLISHING-
AIRPORT ZONING
REGULATIONS; ES-
TABLISHING THE AIR-
PORT COMMISSION;
ESTABLISHING THE
I AIRPORT ZONING
i. COMMISSION; AND
ESTABLISHING THE
AIRPORT- ZONING
BOARD OF • ADJUST-
MENT
I NOW, THEREFORE
BE IT ORDAINED- DY'
THE CITY COUNCIL
trative offices.
AIRPORT HAZARD:
Any dtructdre,or tree
of use of,Ipntl which
would ekceed the, fed-
,eral obstruction 'stand-
ards as contained in ',14
,CFR77. and: :Which -ob-
structs the airspace re-
quired for the flight of
aircraft and landing or
takeoff at an airport or
is otherwise hazardous
to such landing or tak-
ing off of aircraft,
AIRPORT REFERENCE
POINT:- Latitude 42 de-
grees 24'07"16"", longi-
tude ti.90 i- 'degrees
4234°14. :Airport ele-
vation one:; thousand
seventy., six feet
(1,076') mean sea bevel.
The air ort.
zoning boarBOARD:,d of adjust-
ment created by the
provisions of section
12-6-1 of this chapter.
LANDING
USABLEP LANDING
AREA:, That portion of.
the airport -which -Is
used or Intended to be
used 'for actual land-
ings or takeoffs of air-
craft at the airport.
12-3-3: ZONES: '
A.'Generally in order
otary Public in and for Dubuq
select an administrator
;of airport zoning regu-
hations to 'assist in the
performance of its du-
ties,-
uties,- none 'of -wham
shall he members 'of
the board of:!adjust-
ment. '
12-3-7:- CONFLICTING
REGULATIONS'
_.. In the event of any
conflict between the
requirements ,:of this
chapten apd any other
regulations applicable
to -the same area, the
more stringent. Ilmita
tiomor regulation shall
govern and prevail.
Chapter -4
AIRPORT:COMMISSION
12-41 COMMISSION
OJREATED ,. •+„4
There is hereby creat-
ed the Alrport Commis-
sion.
12-4-2; PURPOSE
The' purpose of the'
.commission Is to man-
age, control, and oper-
ate the Dubuque- Re,
gional Airport.
12-4 3: INTERNAL OR-
GANIZATION AND
RULES. Ti -
commission shall
promulgate and put In
e County, Iowa.
MARY K. WESTERMEYER
Commission Nurnber 154880
h'y Comm. Exp. FEB. 1, 2017
B. All funds derived
from: taxation or other-
wise- for airport" pur-
poses are Under the
control of:the commis-
sion,for the purposes
of management; opera-
tionLand cphtrol of the
ah'port andmust: be
deposited with the fi
- Mance director to the
credit of tile commis-
' sioh"and must bedis-
bursed , only oh the
Written Warrant Or or-
der ,of the commission
including the payment
of all - Indebtedness
arising from the: ac-,
"qqulsltion,and construc-
tion of airports and the
' maintenance, , opera-
tion,' and, extension
thereof.
12-4-14: ANNUAL RE-
PORT:
An -annual report' will
be- prepared, submit-
ted; and distributed In
accordance with Iowa
Code Chapter 330.
Chapter 5
AIRPORT ZONING
COMMISSION
12-5-1: COMMISSION
CREATED: /
There is hereby creat -
the next regularly
scheduled city council
meeting, whichever .(s
later.
E. Quorum. Three (3)
members of the; com-
mission constitute a
quorum for the trans-
action of business. The
affirmative vote'. of a
majority of the com-
missloners present and
voting is necessary for
the adoption of any
motion or resolution..
12-5-11: COMPENSA-
TION:
Commissioners serve
without compensation,
provided that they may
receive reimbursement.
for necessary travel
and other expenses
' while on official com-
mission -:business 'with-
in the limits establish-
ed In the city and coun-
ty administrative poli-
cies and budget:
12-5-32: REMOVAL: -
The city council May
remove i,any commis-
sioner for cause upon
written charges and af-
ter public hearing.
12-5-13: POWERS:
The commission has
formance.with the to -.I
Wa . open' • Meetings
' LaW. -
C. Attendance. .
1. In the event a mem-
ber of the board has
been absent for three
I (3)*or- more consecu-
tive, meetings of : the board, without being
excused by the chair-
person, such absence
will be grounds for the
board to recommend
to the city council that
,the . position be, de-
clared vacant and a re-
placement appointed.,
,?,,Attendance must be
,entered upon the, rrii-
,Mutes of all. meetings..
D. Minutes. A copy of
the minutes of all regu-
lar and special meet-
ings of the board must
be filed with the city.
council within ten (lo)
working , days after
each meeting, or by
the next regularly.
' scheduled °city. council
meeting, whichever Is
later.
E. Quorum. Three (3)
members of the board
Constitute . a quorum
for the transaction of
CI t ?orTD ‘11 11e t embiiaces that opp mg
to of'Oltllnances is = it`aIYpor
etided?'to 'read 'as and the .:area in
a ound,': adjacent to
Jlkle 12 •- and surrounding th
AIRPORT published approach
Cljapter1 - _" and departure ' corn
AOMJNISTRATION ANn. dors ofi the airport
` ENFORCEMENT B Class•
P Navigabl
1211AIRPORT MAry-, Airspace:
AGER 1. The Dubuque re
A Office Created The g'onal alrport Is sur
oftico-of,ai port man rounded by class D
ager i§ herey`Poreated, navigable A t='airspace
who 3'nallmerform supn This ai space is con
duties as shall from' tolled durlog`epera
time t4 thine be re Ing hours of the, ai
gt4jed. �-y' the Atrgoft•: t afflo control ` tow"e
Commission , - and,,extends five (5
8. Duties: In addRldn ' statute miles from the
to ''general` manage- alrport and upward to
Inent- and supervision two thol{sand five hun-
oftheal,rport:Includinged feet f (2,5009
the regulation of all ac-aboye ,qurjd�igyel:,
tivItles cotipected 2Imagin��ry„surface
thareWlth • he airport are : estapl(,flhed,.-with
managershall. be re relation to the airport
spons ble for all activj , and each runway, The
ties of the c vll landing sIze slope, and dimeh-
Iyarea the acohtinued son of eacn'imagin'ary
f Jnathtena, ce of.1ithe surface is based on the
civil lajidmg area with category of ; approach
adegyate:personnel Jfs for each, designated
prQfegtive„ vvf.acii4Ities, ; runway, asestabjished
�Ct h r t 'ensure at e;^ under 4 ;CFR 77 'tAlr
raofl dGkolylrra ` ' port a cornary supra
c w ets�onsf'r ,f!P ccs are contigually &p-
bUssl ess s are Ip cofi dated and are, available
pliance with any rules -, from a tech, adminis
or, regulations"prescri t ation
bed by -the,- airport'- 1234 HEIGHT LLMI
commission Issuing all TATIONS-,
permits ; approved,- by A Generally Except
the alrport commis as otherwise -provided
sloe prescribed lecting ail. m this chapter, no
fees prescribed by" or- tratesu e `.that pene-
the rue's of he city or he zones may
the rufesland -regula be erected,°" created,
tions provided for in established',: Yeplaced
j thlr itle- rehmft altered' al
chapter2` , lowed tp gtov ,ar re
:- GENERAL planted m qny zonde-
REGULATIONS scribed in section -2-2 3
i 12-2-1: NAME' , - 3 of ,thls chapter, to a
The airport located inheight in excess of the
Table Mound township : height limlts'dstablish-
hov(°the 'property,=of ':ed py this Seating for
the clty is --hereby the respective?ones,
named "Dubuque Re -B HeightAhd Hazard
gtonal Airport... , Zoning Map:" No ob-
12-2-2:, GOVERNMENT struction shalt', be
REGULATIONS A;10PT "'erected, created,, es-
tabhshed planted, or
'V The federal aviation allowed to grow in any
regulatiohs and 'poli- Imaginary _. surface
cies a"s; established by area, in excess of
the federal aviation ad , height, imits establish
ministration are hereby ed under 14`.CFR, 77
adopteg by rrference r gulat ops and the -Du
and ptade at art ofthis bugde 'regional airport
chapter ,= `;< height and hazard liml
12 2 3 PERMITS RE tatlon map.. These
¢IJ ED::d -» height Ilmltptlons are
ictio *person 'shall use contlnuaily,:,p:updated
the airport as a base or and are available from
terminal for operating airport administration.
a comma tial activity 12-3-5: • LAND AND
,o for• the. sale of re -NONCONFORMING -USE
freshments`or of any RESTRICTIONS: -
otheY,comrnodity, gas- A Land: .,Notwith-
oline, oil, dr any other ..standing any other pro
merchandise, or ren- : visions of,this chapter,
dering any'se('vices for no use may be made of
h re within the con land ill any of the
fines of the ,airport `zones described in sec
without having first se- tion 12-3`--3 of this chap
tcureij any{Permits re -ter, in such a manner
quired ,per 'Airport as to`create electrical
Commissjon Policy,' Interference w,Ith radio
1 -2 ;4: -VIOLATIONS; communications be
EJECTION OF''OFFEND ten aircraft :and
ERS,' grand stations, make
Any. person operating It difficult for operators
o handling any air- : of aircraft to distin-
c aft or vehicle in Wo ,guish between lights
lotion of ;tffe pfbvlslons on the airport intended
of this -title the rules for aid hi landing or
and regulations pro taking off thereat or in
mulgated - hereunder, aeial gavigation' and
or amendments there 'other fights, 'result in
to, or whp}efuses' to gla e to the'eyes of the
comply the ewlth may operators of r aircraft
be "promptly removed, using the airport, Im-
and ejected from the " Pair visibility, In any of
airport by or untlerau such zones, or other-
thbnty of the - airport wise make, hazardous
manager, :and, upon the landing or•taking
the written order of the off of aircraft' at the
alrport manager, may airport or the` maneu-
be denied the further vering of aircraft in
use of the [airport and connection with such
J app7�pfratforhe of
def 'operatJgnr. man
, agement,�L'ontrol and
, supervision of the Du-
e buque ogle al- Alr
port.
12-4-4: PROCEDURES
'EOR OPERATION: ''
e All administrative
personnel; accounting,
budgetary, and pre-
curement policies o
the city - govern- the
commission in afl Its
- operations, `except
t- Where the policies are
r , 1p conflict With the reg.
r elation's of the 'Federal
) Aviation 'Administra-
tion, the Transporta-
tion Security Adminis
tratlon, or the Iowa De-
partment of, Transpor-
tation.
s
12.4-5: MEMBERSHIP:
A. The comiplsslon
comprlsesflve (5) resi-
dents of the city, ap-
pointed by the city
council • `
B No person may be
appointed or , reap
pointed to the conlmis
sion d that ppp oint
-=meet or re'appoifit)pent
;Would caadse the 'mum
-
139r errofone
gehder to'b'@"'greater
than .one-half (1/2) of
the mempership'of the
commis"shoe 111 one
(1) unless the city has
made a good faith ef-
fort to appoint amuali
fled person to filta va
canes' on the commis
sion for a period of
three (3) ,months but
has beep unable',,to
riiake a compliant ap-
pointment,
bill ze,e ,The ",city
•uhp ased mefhod,of se
lect ng the heat „quali-
fied applicants:
12 4-6: 04111:4-
Each
ATH :
Each person upon ap-
pointment ora ,reap
pointment to the'
must execute
an oath of office at the
firs meeting ofi the
commission following
the appointment or re
appoiptment or at the
city clerk's office, any
time prior to the' first
meeting of the com-
mission.
12 4 7 TERMS:; z,
The term of office for
commissioners is ;four
(47 Years or pntll;such
members successor is
apppponted and ^quah
il12-4 8: VACANCIES:
Vacancies must be fil
led. In the same manner
as or ginal appoint
ments
12.4-9: OFFICERS/OR-
GANIZATION:
The commissioners
must choose -annually
a chairperson and vice -
chairperson, each to
serve a term of one (1)
year.The chairperson
must appoint -a- secre-
tary, who need not be a
commissloner,' •""The
commission must fill a
vacancy among Its offi-
cers for the" remainder
of the officer's
unexpired term.'
12:4-10: MEETINGS:
A MeetIngs. 'Meet-
ings may tie called by
the: chairperson or at
the written request of
a majority of the tom
missloners.
8. Open"Meetings. All
meetings must : -be
called and held in'con-
formance with the lo-.
wa Open Meetings
Law,
C. Attendance.
a 7'e ISiffPbsex'o t
cemml§S�o'-nn fs tp mak
+
the!- Dubuque , County
Board of Sope visors i
tpereis an,dlrporthaz
ard: that endangers the
lives and property o
users of he Dubuque
Regional Airport and
the occupants of 'the
f lends and other persons
in its vicinity at If a
hazard impairs the util
ity of thea rport.
12-5-3: INTERNAL OR
GANIZATION•, ="AND "RULES;'
The commission may
adopt rules and regula-
tions rtq,.govern 'Its ;or-
e anliatjonal • prote
dures as may be'hcoes-
sary and which are not
in"',coniIict with this
Code, Of Ordinances o
the Iowa Code
. 12-6 4: BBOCED-U);ES
FOR OPERATION
, -
:/111 administrative
personnel, accounting
gdgptafy and; pro
cutertient' pollees : o
the 'Its' gove n the
corr4 IssTon lri all ats
operajlons, 'except
why t o pofic"ra5rare
i9 curio of w(h,the jag
u aflons of t e Fe era)
Aviation : Adn,spe ra-
tion, the-,Transporta-
tlon $ecuflty Adminis
:ration or the Iowa De
• ppertinent of Trenspor
tatmb
12 5=5 MEMQERSHIP
At ;:The •cogimisslon
comerl es fiye, (5)
membe s, selected'and
appointed as follows:
1. T,wo (2) Members
appointed by - the city
"council rum the City of
Dubuque Zoning, Advi
sofy"Cgmmrssion;
2. Two (2) members
appointed by the Dub&
que Cobnty"Board of
Supervisors; and
3. One (1)'member
from='the 'public at
large appointed py, the
other'': four (4) mem-
bers. This
embers.'This member: wql
serve; as chairperson:
8, No person may, be
appointed or: reap
pointed to the commis
sion if that appoint-
ment or reappointment
-would cause the, nurp-
-ber of members of one
gender-to"be greater
than :one half (ih)- of
the gnRmbersplp of; the
colnmissjon"plus one
(1) unless the city has
made 'a good faithef-
fort to.appolnt a quail
fled person to fill a,va
candy on the commis-
sion for a period of
three -(3? months, but
has ' been unable to
make a compliant ap
pdintment, The clty
must utilize a fair and
unbiased method of se-
lecting" the best quali-
fied appficliFit
1256; OATH;"
Each persop upon Na-
po ntmeht or reap
polntment to the com-
mission, must exedite
an oath of office at the
first meeting of the
commission fgllowtng
the appointment'or re-
cityocle Clerk's offict or e any
timepriorto the,first
meeting of - the com-
mission.
12-5-7: TtRM:
the term of office for
commissioners, Is six
(6) years er,untll such
members successor Is
appointed apd quali-
fied„ provided, hoW?v-
ke , IInneddatl1ns fo trip Du' essary forthe adopt) n
t
ewolle
buque Cplipty Board ofr� of any mot on or rdso-
Supero sons and : the Iutlon: The affirmative
f city, cbunell as-to'the° vete "of a- rha]ority of
boundarles of the origi the board` is necessary
nal airport hazard area to reverse' any, order,
f and the appropriate requirement; decision,
• regulations and rest is - or determ'nation of
tions to be enforced'-. any administrative offi- ..
therein. The commis tial or to decide in fa-
' sion must,with due di!: vor of the applicant on
igenge, prepare a preany matter upon which.
- liminary repott-on such the board is required to
;matters Viand hold, putt- pass under this chap-.
.lit hearings thereon ter or to.
before'submltfing' its variation from: the
ftnalreport• " termsthereof,
B. The commission 12 611 COMPENSA
has such: other powers TION: r
and duties as may, , Members serve with
hereafter bel assigned r out eompt-:bey n, pro
^to It by the Iowa Code' video that they may re
or joDubugsolution of terve reimbursement
,the Dubuque County.: for necessary travel
r Board of Supervisors -,•and• other expenses.
A-111
the city council. While on official board
GhapterNe '.i business within the
AtRPORTZONING, lirpits established in.
n
BOARD OF, the city and county ad
ADJUSTMENT minis-trative ` policies
12-6 1: BOARD CREAT- and budgep„',
f ED, • . 12 6 12, REMOVAL';'°
There ishereby creat The city council may
ed the Air art Zoning remove any member
Board of'Adjustmem,_ for cause upon -written
32 rz 2 `PIJ pq$g s - chargeand; after pub -i
The Qt4'pose biinehe' lit hearing, r
board Is to head` pets` 12-6-153: POWERS
tions of i those who ,-The board )Cas #h@ fol -I
seek to modify regula- 'lowing polders duties,
tions, and . restrletions and responslpilities;
regarding airport zon A. To hear and decide.
Ing issues. appeals where it is. al -
ROLES;
3i, INTERrtAL OR- led the,(eyis'emor in
ROLES; 710N AND any order, regTllres
RULES .- meet, decision pr de-
The koarrtimay'adopt termination anode , by.
tiles *tern
its oulatiogs * an an the a administrative, offi-
to governtits organize : tial in the eter., .meet
tipRaltipneceduresp las ofthis chapter
maycbe necessary and B. To authorize upon:
which, are not -In don-; appeal in s•pemfic Cas!
fjiof wIlh`lth s Code of es such` variance from
ordinances or the Iowa the terms of this chap
eir'r ter es will` not be con
1264:PROCEDURES trary, to the public In'
FOR OPERATION teres}, Whereowingto
All' "adminlsteative, special.condltions a lit-:
personnel; accounting,` eral enforcement of
budgetary, and pro the provisions of thls
cerement,. policies, <of chapter will: result in
the cjty,y go Vern the unnecessary hardship,
board in' all its` opera- andiso that the spirit of
tions, except where the - this hapter,will be ob-
serve
policies are n conflict served and substantial
with the regulat onscof. justice done._'.
the Federal Avlation C, The procedures
Administration, the and appeals' of ,the
Transportation Securl board must be In ac-
ty Administration, or cordance With this
the Jowa Department Code of Ordinances
of Transportation and the Iowa Code
12 6 5 EMBERS„11.1 ': 12 6 14 SCop,
E 0'
to Cie (k6eaf, ogD,yyl s ,AU7(({{OfJTV ,btl?.lgP-
of live `b)ir,eS9gijts sof. PEAL's
the city , - In exercising Its, pow -
8. Special •Qualifica - ers on appea, the
tions. - , board, may reverse or
1. two (2) members affirm wholly or partly
glusf be selec ed , by or may modify he or
the cityccounc li.trtrm der, requlremen , decl
the City-.; on. pubuque sloe, Or determ nation
Zoning • Board -2 of” Ad- appealed from -ands,
justment•, may make such order,
2. Two (2) members requirement,.decision,
must be selee ed `by or determination as
.the Dubuque: Comity ought to be made and
Board of Superv'sors. to that end have all of
. 3. Ope'I(1) member the powers of the offi
from then, public: at- : cer from whom the en-
large must be appoint- peal is taken,.
ed by the 'other four (4) - Section 2. -Nothing`
members.;:This. mem- herein effects' the term
ber will serve as chair- of-ahy person serving -
person. - , , ,:as a member as of the
C. No person may be .effective date of this,
appointed, , on reap- Ordiriarice. , •
pointed,to the 'board If. Section 3. This Ordf
that appbintmentor re- mance take;;'- effect
appointment would. upon publication.
cause the,; number of Passed, approved,
Members, of ,one gen- and adopted the 4th,
der to be greater than day of August, 2014.
one-half (Y) of the /s/Roy D. Buol, Mayor
membership of the Attest:/s/Keflin S. :-
bbardpigs: one (1) un- Firnstahl, City Clerk
less the city has: made Published officially in.
a good faith effort- to the Telegraph. Herald'
appojnt a qualifiedper- newspaper on the 8th
son to fill rawaeeney onday of Auoii l- 2014
•
cYaft or vehicle In vie- .guish between Ilghts
teflon,of the provision's on the airport Intended
of ;°title, the•rules for and in landing • or
aIid .regulations pro- taking off thereat or In
mu gated :hereunder, `aerial Ylavigation; and
oratnepdmphts there- `other Ilghts,, fesuit In
to, ei who,;refuses.to -glare to the eyes of the
comply therewith play -.operators of aircraft
be promm
ptly, reoyed,-,using the ayport, im
and ejected.'fromthe,„ pair yjsibllity, in' any of
airport by or Under, au,-'. -such, zones, or other-
thority, of:;the airport - wise make haiardeus
the landing or'taking
off of alreratt at the
airport or „the' maneu-
ve Ing of. aircraft :in
connection With such•
landings or takeoffs;
provided,however,
m
that the ere height of
trees or structures on
any land• in said zones.
conforming to the
12-2-5: OFF AIRPORT height restrictions pre
CAR IIIENTAL BUS: ser, bed In section12 3
NESS 4, of this chapteritishall
elo person operating a- notConst(tute.a use of
r,
oar ,ntal - lousiness :lenges violation of this
shall pick Up'a'persop section -
at the aipfrport-for the _. B Nonconforming
pud ose„e)itige to U ee: T lion
e regulets
suoI1 ersopxa7oar: or Pthis
otfier ffibnioillyehicle chapter shall h'pt be so
Wi Moist a prior When construed as to: require
Fagreentent r with ,the- ,the remdvali-lowering,
airport eomMlssion to changing'or altering of
ticonduct such car rent+; -any nondonforming,
al buslnes5:; • - structure or tree nor as
*12 2 6: PARKING LOTS to dtherwiseSihterfere
ESTABLISHED FEES ,' with 011y, noncbntorm
.A Rules And Regula; ing use of land -nor as
tans The airport com- ` ,to require apychange
manager,_ ..and, Upon
.the Written order of the
airport manager, may
be denied "the: further
use of the aaYart and
Its fadlitles: for .such
length .fif time as•rnay
nbe'Yequirdd to ensure
the safety :of the air -
Port and thetpublljpand•
ts interest therein.
cers for the remalnder misslon, must ekedi to
of - the officer's an oat
pf offlce at the
unexpired term. first meeting of the
12'4 10. MEETINGS: commission following •
,kMeetipgs. Meet- the appoIntment orte-
the' chairperson•
Ing may be called by apppolntlnentoffine ar et the
or:at elty'clerk's any
the Written request of time: prior to the -,first
a majority of the cdm- meeting i - of the com-
missicners. misslon..
B. Open Meetings, All 12 5-7:.TERMS: -
meetings must - Iffe The _term of offfcefor
called and held id :con- commissioners is :'six
formance with the lo- (6) years or:until such
wa., Open Meetings member's successor. is
Law: appointed and quail -
C. Attendance.: ' fied, provided howev-
1. In the eVenf geom. er, ,that, the, terms df
missioner has'been ab -re
the -erospresenta-
sent for' three • (3) or tive.,--appointees from
mere'' consecutive the, pAy...ptifdibuque
meetingstof the com- , Zoning•. Advlsory Com-
inisslon without,bmis
eing sion. must-cojncide
excused by the chap with their terms off the
person such absence Zonipg Advisory Coir
wllfbe grounds for,tfie mission., - -
commissson to recom 125:?: VACANCIES
-mend to the city conn Vacancigs must beifil-
cil,th'at he posifIoij be led In the Sam$ manner
decl'ated vacant taqd a as. _ original app,'olnt-
replacement appoint meets .
1259;; OFFICERS/OR
2. Aftendance must be GANIZATION
entered upan,'the';mi , The;:bomm(ssionels
nutes p all rpeetings musty.ohoose annually
E.'Mlnhtes.'A"copy of a *a:chairperson. to
the,minutes ofalfregu- serve a term of one (1)
lar'iand speclal; meet yearn: The chairperson
ing Of he commission must appolnt a secre,
must be filed with.the tory, who need not pe',a
city.'counefl Witljih; ten commissioner . •The
(10) W01.61p9 days after commission must,flll a
mission 1 'authorith
zed In e bonstrdetlon, 41eac{i' meetIng or,•by vacancy. among Its offl-
ant directed to estab. teratiorf, or ±.)ptended the„; hest reg'dfariy cersfor,the remainder
lisparl(h]gl rules*and - use of apt structure, scheduled city cduncil of the officer's
{regufatiol)i)s;;,±fof7,the the construction oral• meeting whichever- Is unexpiredterm. •--
ppaarkihb lots'al the Bu- - teration ot, which'•Was latex 12-510: MEETINGS:
ouque regional airport - begun prior tothe of E. Ouorum. Three (3) A. Meetings. Meetings
dpnsistentt with the fectwe dateyofgresolu members of The corm may tie; called by the
cityof Dubuque park 'tion 52 52. and whicff mission• constitute a chairperson or at the
ling ordinances- : was diligentiyi prose- quorum for the: trans written, request ;Of a
- B P,atking Fees: The cuted and completed actJIon of pusiness, The majdrify of the com-
alrppo ea' nfmission Is Within one year from affirmative vote of a mss§loners , .
-authift Se AO: establish the date thereof; pro- majdrlty of, the Cam Bt Open Meetings.;All
parking fees at the air video however that missleners present and meetings A must be
par. It shall be unlaw the owner of;An9I non- voting: is necessary for called add held In con-
ful for any person to conforming 'structure the adoption of any formance with the>lo-
park at tithe• airport • or tree' is hereby re motiop or resolution. wa Open Meetings
wjthhput ppiayiing the es qulred- to permit the -,.12.4 ll COMPENSA ' LaW. _•
tablishedparking fee• -city and county, or'el- TION • i ;l C. Attendance
Commissioners serve 11 In'.the eVent a cora-
without compensation, missioner has beet ab -
provided that they may sent 'for three ,(3), or
receive reimbursement more consecutjve
for_; necessary ttitdel meetings of the cogl-
and . other ,expenses mIstlebc.twIttiout tieing
While on official: com- excusecr by
buthe chair:.
mission siness. with persohf:_.such :absence
in the limits establish- will be grounds for the
ed in the city adminis- cdmmisslon to redom-
trative polioses. -.;and mend; to the: cityy coun-
budget ell that the position be
12-4112 REMOVAL: declared] vacant and a
The city *1nel! may repIacerfbnt appoint -
remove • any commis ed
stoner for causempon 2•Attendance must be
written thargee and of enterethtekOrt the gni-
ter.pubhc hearingPt nutes of#II meetings,;.
12-413: POWERp':, D: Minutes A copy of
Ai The icofimission the minutes of all regu-,
has all of the powers in lar and special meet -
relation • tp airports Ings ofthe commisslon
to
granted' cities :and must be filed with the
cotntles; under, state city council wltMn teff
laW,teXcepr powers to (11ff Working days after
set the airport e%bJi iheetingIt'"0- t by
:ehapter.3 ' ther of then -kat We ex-
AiFPORT ZONING pense of such city,: or
• REGULATIONS county to Install, oper-
12-3 1; SHORT,TITLE: ate and malntelp there-
Th1schapter ssiall' be on such markers and
khown add May be cit lights as, shall be
ed as the DUBUQUE RE deemed by stfoh city or .
GIONAL AIRPORT ZON county to bp necessary
INC RESOLUTION, to indicate;to the oper-
12-3-2: DEFINITIONS:- ators ofaircraft in the
it As used Ip this chap vicinity of the airport,
t r, upless.,the coptext the presence :Of such
rOtherfises, 'esquires-alrp12 h hazards.
tpdtajn •terms ihtj i FORCE-
word5,• shall be con t "HENT
struetj asproVlded In. - The regulations pre -
t Ails see Iger }t -scribed by this chapter
AIRPORT -`;Tb Dupo-' shall be -administered
bilettAreglimal airport and enforced : by the
'411frt:It.thett.lands ,'epi airportzoning commis-
braced by;the descrlpn± slon created by Chap-
11off @ d lm
iprogldethe ter 5 of this title and a
most curl;dnt ekhlblt It resolution adopted by
• documentation Ideatedthe board ofsuperVl
at the 'airport adminis' sors of the' couhty.
• Such eomrnisslon may
he`r will "serve as cha
person..- -
C. No person may-
appointed, or tea
Ppinted,tothe board
that appoIntment;pr, I
appointment Wot
cause. the,: number=
members -, of,ona' gt
der,to•be greater the
one half le), of:t
membersh p of"t
board,plus,ope (1).'i
less the'el y bas`nja
a .good ,fa th;effort
appoint awquplifled pi
son to, fillle4yacanby:
the board, for a pperi
of three (D t;Months"• t
has been`upable;-.
makea corhpllant'e
poihtment;:'-'Thdtt.ttO
Must., utilize a fair:a
Unbiased methodoff
lettingthe;;best que
fied apphcahfs -;
12 6 6 OATH
Each person; upon
pcilatinettlo:ort, rex
pointmenf'. to 'A t
board musbeecute
'oatht ofoAffice, att
first 'meeting of_ t
board folfbwing the;E
pgintmenti,;, or 'rel
pointmegt son).at,.t
city clerk's tbffidff-a
time pridr tot the ti'
meeting of theboard
12 6 7:,TERMS;
The term of office 1
members of the bol
Is five (5) years or ur
such members succi
dor Is appolnted-a
qualified d provide
however that t
terms of:: the•cro:
representative .;,.;E
porntees from the
of pubugbe Zonl
Board of t Ad ustn*
must 'coincide W
their terms' on the Zc
Ing Board:' of:AMU
mens
12-6-8:VACANCIES:
Vacancles;muSt be:
led In the same neer
as orlginai' appoli
l26-9:OFFICERS/C
GANIZATIbN
Jhe ,h'oard` mj
choose annually a vii
chalrpersdn to serve
term-of,one •(1)• ye
The chairperson mi
appoint •a:, secreta
W1.10:0001 -.pot, be.
member Of the,boa
The board must fill
vacancyamong jts.oi
cers fotthe remain
of , the'. offlce
Unexpired . a•
• 12 6-10: MEETINGS::
A. Meetings eetin
may be called. by t
chairperson or, at, t
written request of
majority 'ot the me
bets,
B.• Open Meetings,
meetIngs `-must' -
called and 'held i ct