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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