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Black Hawk County Iowa
SANDIE L. SMITH RECORDER
File2018-00015606
IF-Prepared by LeAnn M. Even Deputy Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA
50703, (319) 291-4323.
ORDINANCE NO. 5435
AN ORDINANCE REPEALING THE WATERLOO
MUNICIPAL AIRPORT ZONING RESOLUTION AND
ORDINANCE OF THE CITY OF WATERLOO, IOWA,
INCLUDING THE AIRPORT ZONING MAP, AND ALL OF
THE AMENDMENTS THERETO: AND ENACTING IN LIEU
THEREOF AS NEW ORDINANCE NO. 5435, THE CITY OF
WATERLOO, IOWA AIRPORT ZONING ORDINANCE
INCLUDING THE AIRPORT LAND USE AND HEIGHT
ZONING MAP AND SHALL BE INTEGRATED INTO THE
WATERLOO CITY CODE OF ORDINANCES.
BE IT ORDAINED BY THE CITY COUNCIL, OF THE CITY OF WATERLOO, BLACK
HAWK COUNTY, IOWA AS FOLLOWS:
Section 1 —Introduction
This ordinance shall regulate and restrict the height of structures, objects, and growth of natural
vegetation, as well as land uses; otherwise regulating the use of property, within the vicinity of
the Waterloo Regional Airport. Creation of appropriate zones and establishing the boundaries
thereof, as well as providing for changes in the restrictions and boundaries of such zones is
vested in this Ordinance. The Waterloo Regional Airport Land Use and Height Zoning Maps are
incorporated into and made part of this Ordinance. The Ordinance also provides for the
enforcement of the Ordinance, the recognition of Board of Adjustment; and imposition of
penalties related to the implementation of this Ordinance.
Section 2—Authority
Iowa Code Section 329.3 Airport Zoning empowers local municipalities to zone airports
including height restrictions and land uses.
Section 3 —Statement of Purpose and Findings
The Waterloo Regional Airport (hereafter referred to as "the Airport") is acknowledged as an
essential public facility to the State of Iowa and the local community. The creation or
establishment of an airport hazard is a public nuisance and poses a potential concern to the
surrounding communities served by the Airport.
There shall be no creation or establishment of a hazard that endangers the public health, safety,
welfare, and impact an individual's quality of life, nor prevent the safe movement of aircraft at
the Airport. For the protection of the public health, safety, and general welfare, and for the
promotion of the most appropriate use of land, it is necessary to prevent the creation or
establishment of airport hazards.
The prevention of airport hazards shall be accomplished, to the extent legally possible, by proper
exercise of the police power. The prevention of new airport hazards, and the elimination,
removal, alteration, mitigation, or marking and lighting of existing airport hazards, are
In 0o V14
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Ordinance No. 5435
Page 2
considered to be a public purpose for which the City of Cedar Falls, City of Waterloo, and Black
Hawk County may raise and expend public funds, as an incident to the operation of airports, to
acquire or property interest therein.
Section 4— Short Title
This Ordinance shall be known and may be cited as the Airport Ordinance, and it is referred to as
"the Ordinance" within the following sections.
Section 5 —Applicability
This Ordinance encompasses a general area around the Airport. Specific dimensions associated
with the zoning boundary are shown in the Airport Land Use and Height Zoning Maps.
Section 6—Definitions
The following definitions shall be utilized for terms as appropriate to the Ordinance.
1. Air Traffic (FAA FAR Sec. 1.1) — Aircraft operating in the air or on an airport surface,
exclusive of loading ramps and parking areas.
2. Airport (FAA FAR Sec. 152.3) — Any areas of land or water that is used, or intended for
use, for the landing and takeoff of aircraft. Any appurtenant areas that are used, or
intended for use, for airport buildings, other airport facilities, or rights-of-way; and all
airport buildings and facilities located on the areas specified in this definition.
3. Airport Elevation (FAA AC 150/5190-4A) — The highest point on an airport's usable
landing area measured in feet from sea level.
4. Airport Environs — The land use and people in the areas surrounding an airport which
can be directly affected by the operation of the airport.
5. Airport Hazard (FAA FAR See. 152.3) — Any structure or object of natural growth
located on or in the vicinity of a public airport, or any use of land near a public airport
that obstruct the airspace required for the flight of aircraft landing or taking off at the
airport; or is otherwise hazardous to aircraft landing or taking off at the airport.
6. Airport Layout Plan (ALP) (FAA FAR Sec. 152.3) —The plan of an airport showing the
layout of existing and proposed airport facilities.
7. Airport Overlay Zones — A zone intended to place additional land use conditions on
land impacted by the airport while retaining the existing underlying zone. The FAR Part
77 Surfaces and RPZs have been combined to create five airport overlay zones. The five
specific zones create a comprehensive area focused on maintaining compatible land use
around airports.
a. Zone A — is intended to provide a clear area that is free of above ground
obstructions and structures. This Zone is closest to the individual runway ends.
b. Zone B — is a critical overlay surface that reflects the approach and departure
areas for each runway at an airport. The size of Zone B is predicated upon the
type of approach (visual, non-precision, or precision) that a specific runway has
and the type/size of aircraft utilizing the runway.
c. Zone C — includes those areas that are parallel to the runway pavement and
extend 1,050 feet from the edge of the primary surface.
d. Zone D — is typically elliptical in shape, depending upon the runway types and
configurations at an individual airport.
Ordinance No. 5435
Page 3
e. Zone E — is the outermost zone of the overlay areas and has the least number of
land use restriction considerations. The zone begins at the edge of the horizontal
surface and is 4,000 feet in width paralleling the horizontal surface.
8. Airport Reference Code (ARC) — The ARC is an FAA coding system used to relate
airport design criteria to the operational and physical characteristics of the airplanes
intended to operate at the airport.
9. Airport Reference Point (ARP) (FAA AC 150/5300-13) —The latitude and longitude of
the approximate center of the airport.
10. Airport Zoning Permit—Airport zoning permit allowing new development or alteration
or expansion of a nonconforming use.
11. Airside— That portion of the airport facility where aircraft movements take place, airline
operations areas, and areas that directly serve the aircraft, such as taxiway, runway,
maintenance and fueling areas.
12. Airspace — The space lying above the earth or above a certain area of land or water that
is necessary to conduct aviation operations.
13. Approach and Runway Protection Zone Map —The Approach and Runway Protection
Zone Map is compiled from the criteria in FAR Part 77, "Objects Affecting Navigable
Airspace." It shows the area affected by the Airport Overlay Zoning Ordinance and
includes the layout of runways, airport boundaries, elevations, and area topography.
Applicable height limitation areas are shown in detail.
14. Approach Slopes (FAA Part 77) —The ratios of horizontal to vertical distance indicating
the degree of indication of the Approach Surface. The various ratios include:
a. 20:1 — For all utility and visual runways extended from the primary surface a
distance of 5,000 feet.
b. 34:1 — For all non-precision instrument runways extended from the primary
surface for a distance of 10,000 feet.
c. 50:1/40:1 — For all precision instrument runways extending from the primary
surface for a distance of 10,000 feet at an approach slope of 50:1 and an
additional 40,000 feet beyond this at a 40:1 Approach Slope.
15. Approach Surface (FAA AC 150/5190-4A) — A surface longitudinally centered on the
extended runway centerline, extending outward and upward from the end of the primary
surface and at the same slope as the approach zone height limitation slope set forth in this
Ordinance. In plan the perimeter of the approach surface coincides with the perimeter of
the approach zone.
16. Avigation Easement — A grant of a property interest in land over which a right of
unobstructed flight in the airspace is established.
17. Building Codes — Codes, either local or state, that control the functional and structural
aspects of buildings and/or structures. Local ordinances typically require proposed
buildings to comply with zoning requirements before building permits can be issued
under the building codes.
18. Commercial Uses — Commercial uses means a use category including land uses or
activities involving the production, processing, manufacturing, or sale of goods or
services for financial gain, including uses that provide merchandise to the general public.
Ordinance No. 5435
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Accessory uses may include offices, storage, food service, or other amenities primarily
for the use of employees and parking.
19. Compatibility — The degree to which land uses or types of development can coexist or
integrate.
20. Easement (FAA AC 5020-1) — The legal right of one parry to use a portion of the total
rights in real estate owned by another parry. This may include the right of passage over,
on, or below property; certain air rights above the property, including view rights; and the
rights to any specified form of development or activity, as well as any other legal rights
in the property that may be specified in the easement document.
21. Federal Aviation Administration (FAA) —A federal agency charged with regulating air
commerce to promote its safety and development; encourage and develop civil aviation,
air traffic control, air navigation; and promoting the development of a national system of
airports.
22. Federal Aviation Regulations (FAR) —Regulations established and administered by the
FAA that govern civil aviation and aviation-related activities.
a. FAR Part 36 (FAA FAR Sec. 36.1) — Regulation establishing noise standards for
the civil aviation fleet.
b. FAR Part 91 (FAA FAR See. 91.1) — Regulation pertaining to air traffic and
general operating rules, including operating noise limits.
c. FAR Part 150 (FAA FAR Sec. 150.1) — Regulation pertaining to airport noise
compatibility planning.
d. FAR Part 161 (FAA FAR Sec. 161.1) — Regulation pertaining to notice and
approval of airport noise and access restrictions.
e. FAR Part 77 (FAA FAR Sec. 77.1) — Objects Affecting Navigable Airspace —
Part 77 (a) establishes standards for determining obstructions in navigable
airspace; (b) defines the requirements for notice to the FAA Administrator of
certain proposed construction or alteration; (c) provides for aeronautical studies of
obstructions to air navigation to determine their effect on the safe and efficient
use of airspace; (d) provides for public hearings on the hazardous effect of
proposed construction or alteration on air navigation; and (e) provides for
establishing antenna farm areas.
23. General Aviation Airport—Any airport that is not an air carrier or a military facility.
24. Height — Height is utilized for the purpose of determining the height limits in all zones
set forth in this Ordinance and shown on the Official Airport Land Use and Height
Zoning Map; height shall be measured as the highest point of a structure, tree, or other
object of natural growth, measured from the mean sea level elevation unless otherwise
specified.
25. Hold Harmless Agreement — An agreement which holds airport sponsors or
jurisdictions harmless for alleged damages resulting from airport operations. Such
agreements are recorded in deeds or permits as a condition of approval of a regulatory
land use decision.
26. Industrial, Wholesale Trade, and Storage Uses — A use category including the
following use types:
a. Industrial development or uses involved in the research, design, manufacturing,
processing, fabrication, packaging, or assembly of goods. Natural, man-made,
raw, secondary, or partially completed materials may be used. Products may be
finished or semi-finished and are generally made for the wholesale market, for
Ordinance No. 5435
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transfer to other plants, or to order for firms or customers. Goods are generally not
displayed or sold on site, but if so, they are a subordinate part of sales (typically
10% or less of the total gross floor area). Relatively few customers come to the
site.
b. Industrial, manufacturing, wholesale trade, and warehouse/storage uses including
uses that produce goods from raw or finished materials, uses that distribute goods
in large quantities to primarily wholesale customers, or provide for storage or
warehousing of goods, either in enclosed buildings or outdoors. Few customers,
especially the general public, come to the site. Accessory activities may include
sales, offices,parking, and storage.
27. Imaginary Surfaces (FAA FAR Part 77.25) — Those areas established in relation to the
airport and to each runway consistent with FAR Part 77 in which any object extending
above these imaginary surface, by definition, is an obstruction.
a. Transitional Surface — The transitional surface extends outward and upward at
right angles to the runway centerline and extend at a slope of seven feet
horizontally for each one foot vertically (7:1) from the sides of the primary and
approach surfaces. The transitional surfaces extend to the point at which they
intercept the horizontal surface at a height of 150 feet above the established
airport elevation.
b. Horizontal Surface — The horizontal surface is a horizontal plane located 150
feet above the established airport elevation and encompasses an area from the
transitional surface to the conical surface. The perimeter is constructed by
generating arcs from the center of each end of the primary surface and connecting
the adjacent arcs by lines tangent to those arcs.
c. Conical Surface — The conical surface extends upward and outward from the
periphery of the horizontal surface at a slope of 20 feet horizontally for every one
foot vertically (20:1) for a horizontal distance 4,000 feet.
d. Approach Surface — The approach surface is longitudinally centered on the
extended runway centerline and extends outward and upward from the end of the
runway primary surface. The approach slope of a runway is a ratio of 20:1, 34:1,
or 50:1, depending on the approach type. The length of the approach surface
varies from 5,000 to 50,000 feet and also depends upon the approach type.
28. Incompatible Land Use (FAA FAR Sec. 150.7) — The use of land which is normally
incompatible with the aircraft and airport operations (such as, but not limited to, homes,
schools, nursing homes, hospitals, and libraries).
29. Itinerant Operation (FAA AC 150/5325-4B) — Takeoff or landing operations of
airplanes going from one airport to another airport that involves a trip of at least 20 miles.
Local operations are excluded.
30. Land Use Compatibility — The coexistence of land uses surrounding the airport with
airport-related activities.
31. Lighting and Marking of Hazards to Air Navigation — Installation of appropriate
lighting fixtures, painted markings or other devices to such objects or structures that
constitute hazards to air navigation.
32. Mitigation — The avoidance, minimization, reduction, elimination or compensation for
adverse environmental effects of a proposed action.
33. Navigation Aids (NAVAID) —Any facility used by an aircraft for guiding or controlling
flight in the air or the landing or takeoff of an aircraft.
Ordinance No. 5435
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34. Navigable Airspace—The airspace above minimum altitude for safe flight, and includes
the airspace needed to ensure safety in takeoff and landing of aircraft.
35. Noise Exposure Contours — The lines drawn around a noise source indicating constant
energy levels of noise exposure. For this ordinance, day-night average sound levels
(DNL), which averages noise level over a 24-hour period of time, will be used as the
measure to describe community exposure to noise.
36. Noise Impact—A condition that exists when the noise levels that occur in an area exceed
a level identified as appropriate for the activities in that area.
37. Noise Sensitive Area (FAA AC 91-36D) —Defined as an area where noise interferes with
normal activities associated with the area's use. Examples of noise-sensitive areas include
residential, educational, health, and religious structures and sites, and parks, recreational
areas (including areas with wilderness characteristics), wildlife refuges, and cultural and
historical sites where a quiet setting is a generally recognized feature or attribute.
38. Non-Conforming Use — Any pre-existing structure, tree, or use of land that is
inconsistent with the provisions of the local land use or airport master plans.
39. Object (FAA AC 150/5300-13) — Includes, but is not limited to above ground structures,
NAVAIDs,people, equipment, vehicles, natural growth, terrain, and parked aircraft.
40. Obstacle Free Zone (OFZ) (FAA 150/5300-13) — The OFZ is the airspace below 150
feet above the established airport elevation and along the runway and extended runway
centerline that is required to be clear of all objects, except for the frangible visual
NAVAIDs that need to be located in the OFZ because of their function, in order to
provide clearance protection for the aircraft landing or taking off from the runway, and
for missed approaches.
41. Obstruction (FAA AC 150/5190-4A) — Any structure, growth, or other object, including
a mobile object, which exceeds a limiting height, specific to its geographic location
relative to the runway/airport.
42. Off-Airport Property — Property that is beyond the boundary of land owned by the
airport sponsor.
43. On-Airport Property — Property that is within the boundary of land owned by the
airport sponsor.
44. Overlay Zone — A mapped zone that imposes a set of requirements in addition to those
of the underlying zoning district.
45. Primary Surface (FAA AC 150/5190-4A) — A surface longitudinally centered on a
runway. When the runway has a specially prepared hard surface, the primary surface
extends 200 feet beyond each end of that runway; for military runways or when the
runway has no specially prepared hard surface, or planned hard surface, the primary
surface ends at each end of that runway. The width of the primary surface is set forth in
FAR Part 77. The elevation of any point on the primary surface is the same as the
elevation of the nearest point on the runway centerline.
46. Primary Runway (FAA AC 150/53254B General Definition) —The runway used for the
majority of airport operations. Large, high-activity airports may operate two or more
parallel primary runways.
47. Public Assembly Use — Means a structure or outdoor facility where concentrations of
people gather for purposes such as deliberation, education, shopping, business,
entertainment, amusement, sporting events, or similar activities, but excluding air shows.
Ordinance No. 5435
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"Public assembly use" does not include places where people congregate for relatively
short periods of time, such as parking lots and bus stops, or uses approved by the FAA in
an adopted airport master plan.
48. Public Use Airport (FAA AC 15015190-6) — Means either a publicly owned airport or a
privately owned airport open for public use.
49. Residential and Accommodation Uses — Mean a use category that includes the
following use types:
a. Residential uses that provide living accommodations, including sleeping, eating,
cooking and sanitary facilities, to one or more persons, and where tenancies
typically last longer than 30 days.
b. Accommodation uses characterized by visitor-serving facilities that provide
temporary lodging in guest rooms or guest units, for compensation, and with an
average length of stay of less than 30 days. Accessory uses may include pools and
other recreational facilities for the exclusive use of guests, limited storage,
restaurants, bars, meeting facilities, and offices.
50. Runway Protection Zone (RPZ) (FAA AC 150/5300-13) — An area off the runway end
designed to enhance the protection of people and property on the ground.
51. Runway Safety Area (FAA AC 150/5300-13) — A defined surface surrounding the
runway prepared or suitable for reducing the risk of damage to airplanes in the event of
an overshoot, or excursion from the runway.
52. Structure — Any object constructed or installed by humans, including, but without
limitation, buildings, towers, smokestacks, and overhead transmission lines, including the
poles or other structures supporting the same.
53. Utility Runway — A utility runway constructed for and intended to be used by propeller
driven aircraft of 12,500 pounds gross weight or less.
54. Variance - An authorization for the construction or maintenance of a building or
structure, or for the establishment or maintenance of a use of land that is prohibited by a
zoning ordinance. A lawful exception from specific zoning ordinance standards and
regulations predicated on the practical difficulties and/or unnecessary hardships on the
petitioner being required to comply with those regulations and standards from which an
exemption or exception is sought.
55. Visual Approach — An approach to an airport conducted with visual reference to the
terrain.
56. Visual Runway (FAA AC 150/5300-13) — A runway without an existing or planned
straight-in instrument approach procedure.
57. Visual Flight Rules (VFR) (FAA FAR Sec. 170.3) —Rules that govern the procedures for
conducting flight under visual conditions. The term "VFR" is also used in the United
States to indicate weather conditions that are equal to or greater than minimum VFR
requirements. In addition, "VFR" is used by pilots and controllers to indicate the type of
flight plan.
58. Wetland —Land on which water covers the soil or is present either at or near the surface
of the soil or within the root zone, all year or for varying periods of time during the year,
including during the growing season. (FAA AC 150/5200-33A) Wetlands provide a
variety of functions and can be regulated by local, state, and Federal laws. Normally,
Ordinance No. 5435
Page 8
wetlands are attractive to many types of wildlife, including many which rank high on the
list of hazardous wildlife species.
59. Wildlife Attractants — Means any human-made structure, land-use practice, or human-
made or natural geographic feature that can attract or sustain hazardous wildlife within
the landing or departure airspace or the airport's air operations area. These attractants
include, but are not limited to, architectural features, landscaping, waste disposal sites,
wastewater treatment facilities, agricultural or aquaculture activities, surface mining, or
wetlands.
60. Wildlife Hazards —Means species of wildlife (birds, mammals, reptiles), including feral
animals and domesticated animals not under the control, that are associated with aircraft
strike problems, are capable of causing structural damage to airport facilities, or act as
attractants to other wildlife that pose a strike hazard.
Section 7—Air Space Obstruction Zones
The Airport Height Overlay Zoning Districts are illustrated on the official Waterloo Airport
Land Use and Height Zoning Map, attached and made part of this Ordinance. Such official
Airport Land Use and Height Zoning Map may be amended, and all notations, references,
elevations, data, zone boundaries, and other information thereon, is hereby adopted as part of this
Ordinance.
Section 8 —Land Use Safety Zones
FAR Part 77 Surfaces and RPZs have been combined to create five airport overlay zones. These
five zones are designed to maintain compatible land uses around the Airport. The zones shall be
evaluated for compatible land uses.
8.A Definition of Zones
Five airport overlay zoning districts are prescribed within this Ordinance. Specific dimensions
for the individual zones for each runway end are noted in the following tables and text. The
Airport Land Use and Height Zoning Maps should be evaluated to determine the specific area of
impact associated with each zone.
Zone A—Runway Protection Zone (RPZ)
Zone A is intended to provide a clear area that is free of above-ground obstructions and
structures. This zone is closest to the individual runway ends. The dimensional standards
for this zone are the same as those described in the Airport Design AC (AC 150/5300-13
Change 11) and are shown in the following table.
Table 1: Zone A Dimensional Re uirements
Approach Dimensions
Runway Ends Visibility Length Inner Width Outer Width
Minimumsl L feet Wl feet WZ feet RPZ acres
Runway 6 Non Precision 1,700 1,000 1,510 48.978
Runway 24 Non Precision 1,700 1,000 1,510 48.978
Runway 12 Precision 2,500 1,000 1,750 78.914
Runway 30 Non Precision 2,500 1,000 1,750 78.914
Runway 18 Non Precision 1,700 1,000 1,510 48.978
Runway 36 Non Precision 1,700 1,000 1,510 48.978
The RPZ dimensional standards are for the runway end with the specified approach
visibility minimums. The departure RPZ dimensional standards are equal to or less than
the approach RPZ dimensional standards. When an RPZ begins other than 200 feet
beyond the runway end, separate approach and departure RPZs should be provided. Refer
to FAA AC 150/5300-13, Change 11, Appendix 14 for approach and departure RPZs.
Source: FAA AC 15015300-13, Change 11, Airport Design Standards
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Zone B-Approach Surface
Zone B is a critical airport overlay zoning surface that reflects the approach and departure
areas for each runway at an airport. The size of Zone B is predicated upon the type of
approach (visual, non-precision, or precision) that a specific runway has and the type/size
of aircraft utilizing the runway. The following table illustrates the various sizes of Zone B
based upon the specific runway criteria. A portion of Zone B is overlain by Zone A
because the approach surface and RPZ overlap the entire length of the RPZ.
Consequently, the length of Zone B begins at the inner edge of the RPZ.
Zone C-Transitional Surface
Zone C includes those areas that are parallel to the runway pavement and extend 1,050
feet from the edge of the primary surface paralleling the runway and extended runway
centerline until they reach the end of Zone A at a 90 degree angle. The specific
dimensions for Zone C are based upon various options for the primary surface that is
predicated upon the type of approach and critical aircraft.
Zone D-Horizontal Surface
Zone D is typically elliptical in shape, depending upon the runway types and
configurations at individual airports.
Zone E- Conical Surface
Zone E is the outermost zone of the airport overlay zoning areas and has the least number
of land use restriction considerations. The zone begins at the edge of the horizontal
surface and is 4,000 feet in width paralleling the horizontal surface.
Table 2: Airport Overlay Zones B-E Dimensional Standards
Ru ay Dimensional Standards (Feet)
Item Runway Runway Runway Runway Runway Runway
6 24 12 30 18 36
Primary surface
width and 500 500 1,000 1,000 500 500
Zone B inner width
Zone B end width 3,500 3,500 16,000 4,000 3,500 3,500
Zone B length 10,000 10,000 10,000* 10,000 10,000 10,000
Zone C width 1,050 1,050 1,050 1,050 1,050 1,050
Zone D radius 10,000 10,000 10,000 10,000 10,000 10,000
Zone E width 4,000 4,000 4,000 4,000 4,000 4,000
*The length of Zone B for a precision instrument runway is 10,000 feet for the purposes of the
land use zone. The FAR Part 77 surface which it is based upon extends for an additional 40,000
feet.
Source: FAA AC 150/5300-13, Change 11, Airport Design Standards
8.13 Zone Compatibility
The following tables shall be utilized to evaluate land use compatibility for various land use
classifications.
Uses identified as compatible shall not require additional review. However, consideration
should be given to the following areas of concern:
1. Noise sensitive related issues
2. High concentrations of people
3. Tall structures
4. Visual obstructions
5. Wildlife and bird attractants
6. Flammable substances and materials
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7. Electrical, navigation, and radio interference
Uses found to be NOT compatible shall be precluded from development within the specific
zone.
Uses found to require additional review shall be evaluated for general compatibility utilizing the
Compatible Land Use Planning Checklist and the seven primary areas of concern noted above.
Table 3: Waterloo Regional Airport Zone Chart
C = Compatible AR =Additional Review NC = Not Compatible
Required
Land Uses Zone A Zone Bl Zone Cl Zone D Zone E
Residential Activities
Single Dwelling Unit Uses 1 dwelling per lot
Detached Single Dwelling Unit(i.e.
farm dwelling, detached single
home, manufactured/modular homes NC AR AR AR C
if converted to real property and
taxed)
Detached Zero Lot Line Dwelling NC AR AR AR C
(i.e. condominium)
Attached Single Dwelling Unit(i.e. NC AR AR AR C
townhouses)
Two Dwelling Unit Uses (i.e.two
principal dwelling units within one NC ARI AR AR FC
building on the same parcel)
Multi-Dwelling Unit Uses (i.e. three or more principal dwelling units within a single building
on the same arcel, apartments such as condominium, elder, assisted living, townhouse-style)
Low-Rise (1-3 levels) NC AR AR AR C
Group Living Uses (i.e. assisted
living, group care facilities, nursing NC AR AR AR C
and convalescent homes,
independent group living)
Manufactured Housing Parks NC AR AR AR C
Commercial Activities
Eating and Drinking
Establishments (i.e. restaurants,
cafes, coffee shops, fast food NC AR AR C C
restaurants, bars, nightclubs,
taverns, cocktail lounges)
Quick Vehicle Servicing Uses (i.e.
full-serve and mini-serve gas NC AR AR C C
station, unattended card key service
stations, car washes)
Office Uses (i.e. business, government, professional, medical, or financial)
General Office (i.e. professional
offices, financial businesses, NC AR AR AR C
government offices)
Low-Rise (1-3 levels) NC AR AR AR C
Medical/Dental Office (i.e. medical
and dental clinics, chiropractic NC AR AR AR C
clinics, physical therapy clinics)
Retail Uses (i.e. sale, lease, or rent of new or usedproducts)
Sales-Oriented(i.e. appliances,
convenience stores, bakeries,
electronics, furniture, garden NC AR AR AR C
supplies, gas stations, groceries,
hardware, malls, strip malls, videos)
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Page 11
Personal Service-Oriented(i.e.
retail service-banking
establishments, laundromats/dry NC AR AR AR C
cleaning, quick printing services,
beauty/tanning salons, funeral
homes)
C= Compatible AR =Additional Review NC=Not Compatible
Required
Land Uses Zone A Zone B' Zone C' Zone D Zone E
Repair-Oriented(i.e. consumer
goods-electronics, office equipment, NC AR AR AR C
appliances)
Hospitality-Oriented(hotels,
motels, convention centers,meeting NC AR AR AR C
halls, event facilities
Low-Rise (1-3 levels) NC AR AR AR C
Outdoor Storage and Display-
Oriented(i.e. outdoor storage-
lumber yards, vehicles sales, NC AR AR AR C
landscape material and nursery
product sales, farm supply and
equipment sales)
Surface Passenger Services (i.e.
passenger terminals for buses, rail NC AR AR C C
services, local taxi and limousine
services)
Vehicle Repair Uses (i.e. vehicle
repair or service shops, alignment NC AR AR C C
shops,tire sales)
Industrial/Manufacturing Activities
Industrial Service Uses (i.e.
machine shops,tool repair,towing
and vehicle storage, building supply
yards, heating/plumbing/electrical NC AR AR AR C
contractors, exterminators,janitorial
services, fuel oil distributors, solid
fuel yards)
Manufacturing and Production Uses (i.e. manufacturing, processing, fabrication, packaging
or assembly of goods)
Technical/Light Manufacturing(i.e.
electrical components, engineering,
scientific and research, office, NC AR AR AR C
computer hardware/software,
optical, pharmaceuticals,
printing/photo facilities, publishing)
General Manufacturing(i.e.
manufacturing, compounding, NC AR AR AR C
assembling or treatment of most
articles, materials, or merchandise)
Heavy Manufacturing(i.e. concrete
and asphalt plants, meat packing
plants, wet corn milling, NC AR AR AR C
manufacturing of animal feed,
paper/paperboard mills, ethanol
plants)
Mining and Extraction Uses NC AR AR AR C
Ordinance No. 5435
Page 12
Salvage Operations (i.e. firms that
collect, store, and dismantle
damaged or discarded vehicles, NC AR AR C C
machinery, appliances, and building
material)
Self-Service Storage Uses (i.e. NC C C C C
mini-warehouses/storage facilities)
C= Compatible AR =Additional Review NC =Not Compatible
Required
Land Uses Zone A Zone Bl Zone C Zone D Zone E
Warehouse and Freight Uses (i.e.
major wholesale distribution
centers, general freight storage, NC C C C C
railroad switching yards, bus/rail car
storage lots, parcel service, grain
terminals)
Waste-Related Uses (i.e. recycling
centers, sanitary landfills, waste
transfer stations, composting,
energy recovery plants, sanitary and AR AR AR AR AR
water treatment facilities, sanitary
collection/pumping facilities,
hazardous waste collection sites)
Wholesale Sales Uses (i.e. sale,
lease, or rental of products to NC AR AR AR C
retailers for industrial, institutional,
or commercial business users)
Institutional Activities
Basic Utility Uses (i.e. utility
substation facilities, electrical NC AR AR AR C
substations, water and sewer lift
stations, water towers)
College and Universities (i.e.
public or private colleges and NC AR AR AR C
universities, technical colleges,
seminaries)
Community Service Uses (i.e. public, nonprofit, or charitable nature providing a local service
to the people
General Community Service (i.e.
libraries, museums, transit centers,
park and ride facilities, NC AR AR AR C
senior/community/neighborhood
centers, police and fire stations)
Community Service-Shelter (i.e. NC AR AR AR C
transient housing)
Daycare Uses (i.e. childcare
centers, adult daycare, preschools, NC AR AR AR C
after school programs)
Detention Facilities (i.e. prisons,
jails, probation centers,juvenile NC AR AR AR C
detention homes, halfway houses)
Educational Facilities (i.e. public andprivate schools)
General Educational Facilities (i.e.
public and private elementary,
middle,junior, and senior high NC AR AR AR C
schools including religious,
boarding, military schools
Specialized Education Facilities NC AR AR AR C
Ordinance No. 5435
Page 13
(i.e. specialized trade, business, or
commercial courses, non-degree-
granting schools)
C= Compatible AR =Additional Review NC =Not Compatible
Required
Land Uses Zone A Zone BI Zone Cl Zone D Zone E
Hospitals (i.e. hospitals,medical
centers) NC AR AR AR C
Religious Assembly Uses (i.e.
churches, temples, synagogues, NC AR AR AR C
mosques, Masonic, eagles, moose,
or elk lodges)
Infrastructure Activities
Communication Transmission
Facility Uses (i.e. broadcast, NC AR AR AR AR
wireless, point to point, emergency
towers and antennae)
Parking Uses (i.e. ground lots, AR C C C C
parking structures)
Transportation Uses (i.e.
highways, interstates, local and AR C C C C
county roads)
Utility Uses (i.e. solar power
generation equipment, wind NC AR AR AR AR
generators, wind farms)
Agricultural Uses (i.e. commercial cultivation of plaants, livestock roduction)
Plant-related(i.e. crop farming,
vegetable, fruit, and tree, wholesale C C C C C
plant nurseries)
Animal-related(i.e. livestock
operations, dairy farms, horse AR AR AR C C
farms)
Resident-related(i.e. single unit
home, mobile home if converted to NC AR AR AR C
real property and taxed)
Facility-related(i.e. fuel bulk
storage/pumping facility, grain NC AR AR AR AR
elevator, livestock/seed/grain sales)
Water Bodies (i.e. open bodies containin water), Wildlife Areas, and Floodplains
Man-made resources (i.e. mining
and extraction,water detention NC AR AR AR AR
ponds, wetlands)
Naturally occurring (i.e. lakes,
ponds, prairie pot holes, rivers, NC AR AR C C
streams, wetlands)
Wildlife Preservation Areas (i.e.
petting zoos, wildlife rehabilitation NC AR AR AR C
centers, zoos)
Flood Tains I AR I AR AR C C
Parks and Recreation Activities
Commercial Recreational Uses (i.e. facilities used for physical exercise, recreation, or
culture)
Ordinance No. 5435
Page 14
Outdoor (i.e. campgrounds,
tennis/swimming facilities, drive-in
theaters, skating rinks, pavilions, NC AR AR AR C
amphitheaters)
C = Compatible AR =Additional Review NC = Not Compatible
Required
Land Uses Zone A Zone 131 Zone CI Zone D Zone E
Indoor (i.e. physical fitness centers,
health clubs, bowling alleys, skating
rinks, billiard halls, arcades, indoor NC AR AR AR C
theaters)
Golf(i.e. golf driving ranges,
outdoor miniature golf, 9+hole NC AR AR C C
courses)
Utility Uses (i.e. amusement/theme
parks, fairgrounds, racetracks, NC AR AR AR AR
sports arenas)
Parks (i.e. aquatic, mini, private,
sports, neighborhood, school, NC AR AR C C
community)
Casino NC AR AR AR C
Table 3, including both the land use and height restrictions (FAA Part 77), shall apply to areas
defined as "Zone B" and "Zone C' inside of the Conical Surface ("Zone E"), as shown on the
Airport Land Use and Height Zoning Map. For areas defined as "Zone B" and"Zone C" outside
of the Conical Surface ("Zone E"), only the height restrictions (FAA Part 77), as identified on
the Airport Land Use and Height Zoning Map, shall apply.
Section 9—Airport Overlay Zoning Maps
The Airport Land Use and Height Overlay Zoning Districts established by this Ordinance are
shown on the Airport Land Use and Height Zoning Maps. Such Official Airport Land Use and
Height Zoning Maps may be amended, and all notations, references, elevations, data, zone
boundaries, and other information thereon, is hereby adopted as part of this Ordinance.
Section 10—Ordinance Administration
It shall be the duty of the Waterloo City Planner, Cedar Falls City Planner, and Black Hawk
County Zoning Administrator, referred to herein as the "Airport Zoning Administrator," within
their respective jurisdictions to administer the regulations prescribed herein for their respective
communities. Applications for permits and variances shall be made to the appropriate Airport
Zoning Administrator upon forms furnished by said Airport Zoning Administrator. Applications
for action by the Airport Board of Adjustment shall be forthwith transmitted by the Airport
Zoning Administrator should an applicant request review. Permit applications shall be either
granted or denied by the appropriate Airport Zoning Administrator according to the regulations
prescribed herein.
Section 11 —Airport Overlay Zoning Permits
It shall be the duty of the applicant to provide the Airport Zoning Administrator with sufficient
information to evaluate the proposed action. This information shall include but not be limited to
the following as noted in the Compatible Land Use Planning Checklist:
• Contact information
• Structure information
Ordinance No. 5435
Page 15
• Site information
• Drawing information
• Certification
• Identify current and potential compatibility concerns
The Airport Zoning Administrator shall evaluate the proposal based upon information provided
by the applicant. The Airport Zoning Administrator shall approve the permit if after evaluation,
the proposed project is found to be adequately compatible. Should the proposed project be found
to be incompatible after review, the Airport Zoning Administrator shall deny the permit. Should
the permit be denied, the applicant shall have the right to request a variance or an appeal as
prescribed in this Ordinance.
Section 12—Hazardous Markings and Lighting
Lighting and marking requirements will be determined through an FAA 7460-1 airspace
analysis. The owner of any structure, object, natural vegetation, or terrain is hereby required to
install, operate, and maintain such markers, ligh�s, and other aids to navigation necessary to
indicate to the aircraft operators in the vicinity o an airport the presence of an airport hazard.
Hazardous markers and lights shall be installed, operated, and maintained at the expense of the
jurisdiction.
Section 13 —Height Limitations
No structure, object, natural vegetation, or terrain shall be erected, altered, allowed to grow or be
maintained within any airport zoning district established by this Ordinance to a height in excess
of the applicable height limitations set forth in this Ordinance. The permitted height shall not
exceed the difference between the grade elevation and the height limitation numbers illustrated
on the "Official Waterloo Airport Land Use and Height Map" within the various airport zoning
districts encompassed by this Ordinance.
An FAA 7460-1 airspace review shall provide a portion of the information necessary to evaluate
potential height impacts. However, it shall not be the sole source of review.
Section 14—Airport Zoning Commission
The commission so appointed shall be known as the Airport Zoning Commission. In adopting,
amending, and repealing airport zoning regulations, the governing body of a city shall follow the
procedure in Iowa Code Sections 414.4 and 414.6 and the board of supervisors of a county shall
follow the procedure in Iowa Code Sections 335.6 and 335.8. The Airport Zoning Commission
shall adopt operating rules or guidelines.
The Airport Zoning Commission shall consist of seven total members, two members from the
Planning and Zoning Commission of each jurisdiction and one additional member, who is the
Airport Director. The chairperson of the Airport Zoning Commission shall be selected and
reappointed by a majority vote of the members serving on the Airport Zoning Commission. The
terms of the members of the Airport Zoning Commission shall be determined by the Iowa Code.
Members may be removed for cause by the appointing authority upon written charges after
public hearing. Vacancies shall be filled for the unexpired term of any member whose office
becomes vacant in the same manner in which the member was selected.
Section 15 —Airport Board of Adjustment
The governing bodies of the jurisdictions under this ordinance shall provide for the appointment
of an Airport Board of Adjustment, as provided in Iowa Code Section 414.7 for a city, or as
provided in Section 335.10 for a county. The Airport Board of Adjustment has the same powers
and duties, and its procedure and appeals are subject to the same provisions as established in
Ordinance No. 5435
Page 16
Iowa Code Sections 414.9 to 414.19 for a city, or Sections 335.12 to 335.16 and 335.18 to
335.21 for a county. The Airport Board of Adjustment shall adopt operating rules of procedure.
The Airport Board of Adjustment shall consist of seven total members, two members from each
jurisdiction and one additional member, the Airport Director. The chairperson of the Airport
Board of Adjustment shall be selected and reappointed by a majority vote of the members
serving on the Airport Board of Adjustment. The terms of the members of the Airport Board of
Adjustment shall be determined by the Iowa Code. Vacancies shall be filled for the unexpired
term of any member whose office becomes vacant in the same manner in which that member was
selected. Members shall be removable for cause by the appointing authority upon written charges
and after public hearing.
The concurring vote of a majority of the Airport Board of Adjustment shall be necessary to do
any of the following:
a. Reverse any order,requirement, decision, or determination of any administrative official.
b. Decide in favor of the applicant on any matter upon which the board is required to pass
under any regulations adopted pursuant to Iowa Code Chapter 329.
c. Effect any variance from any regulations adopted pursuant to Iowa Code Chapter 329.
Section 16—Variances
Any person desiring to erect, alter, or increase the height of any structure, object, or to permit the
growth of any natural vegetation, or otherwise use their property in violation with any section of
this Ordinance, may apply to the Airport Board of Adjustment for variance from such regulation.
No application for variance to the requirements of this Ordinance may be considered by the
Airport Board of Adjustment unless a copy of the application has been submitted to the Airport
Zoning Administrator for an opinion as to the aeronautical effects of the variance. No variance
shall be granted unless evidence shows all of the following: (1) that the regulations contained
herein create practical difficulties where strict or literal interpretation or enforcement would
create an unnecessary hardship prohibiting the use of the property in manner reasonably similar
to that of others in the zone; (2) the request has a uniqueness that is not common in the zone in
which the property is located; (3) the request is not contrary to the public interest; and (4) the
spirit and intent of the ordinance shall be observed and substantial justice done. There shall be a
non-refundable application fee paid by the applicant to the appropriate jurisdiction. Said fee will
be set by resolution of each jurisdiction.
Section 17—Appeals
Any person, property owner, or taxpayer impacted by any decision of this Ordinance may appeal
to the Airport Board of Adjustment. Such appeal, by application, shall be taken to the Board
within a reasonable time, but not longer than thirty (30) days. The Airport Zoning Administrator
shall forthwith transmit to the Airport Board of Adjustment an application and all documentation
constituting the record upon which the appealed action is requested. In exercising their powers,
the Airport Board of Adjustment may, in conformity with the provisions of the law, reverse or
affirm, wholly or partly, or modify the order, requirement, decision, or determination as it
believes proper and to that end will have the powers of the Airport Zoning Administrator. There
shall be a non-refundable application fee paid by the applicant to the appropriate jurisdiction.
Said fee will be set by resolution of each jurisdiction. The concurring vote of four 4 members
of the Airport Board of Adjustment shall be necessary to reverse any order, requirement,
decision or determination of the Airport Zoning Administrator, or to decide in favor of the
applicant on any matter which it is required to pass under this Ordinance, provided that the
action of the Airport Board of Adjustment shall not become effective until after the written
decision or resolution of the Airport Board of Adjustment, setting forth the full reason for its
decision and the vote of each participating member as documented in its minutes. Said written
Ordinance No. 5435
Page 17
decision or resolution shall be filed in the office of the Airport Zoning Administrator and shall be
open to public inspection.
Section 18 —Judicial Review
Any person aggrieved, or any taxpayer affected, by any decision of the Airport Board of
Adjustment may appeal to the Court of Record as provided in Iowa Code, Section 414.15.
Section 19—Penalties
If any building or structure is erected, constructed, reconstructed, altered, repaired, converted, or
maintained, or any building, structure, or land is used in violation of this Ordinance, the
appropriate City or County may, in addition to other remedies, seek injunctive relief, commence
a municipal or county infraction action, mandamus, or other appropriate lawful action necessary
to prevent, correct, or abate such violation. A violation of this Ordinance shall be deemed a
violation of the appropriate City or County Code and thus constitute a municipal or county
infraction, a civil offense punishable by a civil penalty, order of abatement and the entry of a
judgment for costs of abatement or correction, pursuant to Iowa Code section 364.22 or
331.307. Any construction started without a permit or which does not comply with the
requirements of the corresponding Code of Ordinances shall be removed immediately. The City
Council or County Board of Supervisors may, without limitation, provide for the abatement of
such infraction, and may pursue any combination of remedies available. Each day that a violation
is continued shall constitute a separate violation.
Section 20—Nonconformities
Any pre-existing nonconforming structure, tree, or use, shall not be replaced, rebuilt, altered,
allowed to grow higher, or replanted, so as to constitute a greater airport hazard than it was when
this Ordinance or amendments to it were adopted. A nonconforming structure in existence at the
adoption hereof that was not a lawful, or authorized under previous zoning ordinances, shall not
be authorized to continue as a nonconforming building or structure pursuant to this Ordinance, or
amendments thereto. Nothing in this Ordinance shall prevent the strengthening or restoring to a
safe condition any part of any building or structure declared unsafe. It is the intent of this
Ordinance to permit these non-conformities to continue until they are removed or abandoned, but
not to encourage their survival. Further, any nonconforming structures, buildings, uses, parcels,
or lots shall be subject to the nonconforming regulations of the community in which the property
in question is located.
Section 21 —Conflicting Regulations
Where there exists a conflict between any of the regulations or limitations prescribed in this
Ordinance and any other regulations applicable to the same area, whether the conflict be with
respect to height or structures, the use of land, or any other matter, the more stringent limitation
or requirement shall govern and prevail.
Section 22—Severability
If any provision of this Ordinance, or the application thereof to any person or circumstances, is
held invalid or unconstitutional by a court of competent jurisdiction, said holding shall not affect
other provisions or applications of the Ordinance, and to this end, the provisions of this
Ordinance are declared to be severable.
Section 23 —Adoption, Amendment, and Repealing Regulations
In adopting, amending, and repealing airport zoning regulations,the governing body of a city
shall follow the procedure in Iowa Code Sections 414.4 and 414.6 and the board of supervisors
of a county shall follow the procedure in Iowa Code Sections 335.6 and 335.8. Any and all
Ordinance No. 5435
Page 18
amendments made to this Ordinance shall also be made in accordance with Section 14, contained
herein.
Section 24—Effective Date
This is an ordinance repealing the Waterloo Municipal Airport Zoning Resolution and Ordinance
of the City of Waterloo, Iowa, including Airport Zoning Map and all of the amendments thereto;
And enacting in lieu thereof as new Ordinance No. 5435, the City of Waterloo, Iowa Airport
Zoning Ordinance including Airport Land Use and Height Zoning Map, and it shall be integrated
into the Waterloo City Code of Ordinances. Ordinance No_ 5435 is an ordinance created for the
purpose of protecting health, welfare, and public safety within a specific area of Waterloo in
proximity to the Waterloo, Iowa Airport.
Ordinance No. 5435, "The City of Waterloo, Iowa Airport Zoning Ordinance", as adopted, shall
be in full force and effect upon publication,recording, and/or posting, as may be required by law.
INTRODUCED: January 22,2018
PASSED ls` CONSIDERATION: January 22, 2018
PASSED 2 nd CONSIDERATION: February 5, 2018
PASSED 3rd CONSIDERATION: February 5, 2018
PASSED AND ADOPTED this 5u' day of February 2018.
•/ r Quentin Hart, Mayor
v
r �
k ^J
ATTEST:
Kelley Felc
City Clerk
CERTIFICATE
I, Kelley Felchle, City Clerk of the City of Waterloo, Iowa, do hereby certify that the
preceding is a true and complete copy of Ordinance No. 5435 as passed and adopted by the City
Council of the City of Waterloo,Iowa, on the 5v' day of February 2018.
Witness my hand and seal of office this 5th day of February 2018.
Kelley Felchl
City Clerk
STATE OF IOWA, } I do solemnly swear that the annexed copy of legal
City of Waterloo
Ordinance 5435 wlmap
Black Hawk County, SS Notice was published in the Waterloo-Cedar Falls
Courier, a daily newspaper printed in Waterloo, Black
Hawk County, Iowa, once commencing on the 27th
HOROSCOPE
day of February, 2018 in the name of said newspaper,
and that the annexed rate of advertised is the regular
CYour legal rate of said newspaper, and that the following is
Blirthday give you the edge when faced with a correct bill for publishing said notice.
Wednesday,February 28,2018 opposition.Only take on what you
By Eugenia Last can handle.Falling short will lead
to criticism. Printer's B311 $120.78
A change will do you good.Ap- VIRGO(Aug.23-Sept.22)--Put
ply for a new position or use your in the hours, physical labor and
experience and knowledge to flex effort to get things done.Supervi-
your muscle.You will drum up in- sion may not be welcome, but it
temat m who you are and what you will help you maintain peace and
want to do.Be a leader this year. avoid discord.
PISCES(Feb.20-March 20)—Do LIBRA(Sept. 23-Oct.231 --You
whatever it takes to ensure that can make a difference if you put
your responsibilities are com- your skills and experience to good
pleted on time.Refuse to let my- me. Participate in community
one interfere or cause emotional events or home projects that will
distress that will deter you from help improve your environment.
reaching your goal. SCORPIO (Oct. 24-Nov. 22) --
ARIES (March hel April 19) — Concentrate on yew getting done
Observation will help you process jeopardize
the best of your chance
a Won't 1 m�� K- n I /).
what you are up against. Seeing jeopardize your chance to advance V " .�(/�
someone or something firsthand by letting an emotional incident Signed
will encourage you to make adjust- stifle your productivity.Live,love,
ments that will protect you against laugh and keep the peace.
loss or manipulation. SAGITTARIUS(Nov.23-Dec.21)
TAURUS(April 20-May 20)—Let -You'll be easily misled by some-
others do as they please;if you are one trying to manipulate you.Stay Subscribed and sworn to before me this
judgmental,you will be judged as focused on what interests you the
well. Know your capabilities and most, and make personal changes '
only promise what's doable. Liv- that will encourage a better Stan- Day Of A.D.,20
ing up to your word is important. dazd ofliving.
GEMINI (May 21-June 20) — CAPRICORN(Dec.22-Jan.19)--
Spend more time at home and Uncertainty will prevail regarding
with people who can help you get partnerships or discussions with I 1y
things done. Trusting someone's people in your inner circle.Be pre-
word will lead to disappointment cise to avoid a misunderstanding. C YJ
Get the facts firsthand. Impulsive decisions will lead to a Notary Public
tq
CANCER (June 21-July 22) -- disagreement and regret.
Get along with your peen.There AQUARIUS (Jan. 20-Feb. 19)
is strength in numbers,and if you —Your involvement in a move- Received Of
can convince others to step up and ment that can bring about change
make a difference,positive chang- will make you feel good and bring
es can be put into motion. you in contact with like-minded
LEO (July 23-Aug. 22) — Keep people.Don't get angry when you
moving forward at lightning can take action.
speed.What you accomplish will Copyright 7017.UnimdFeahtrc5yndh"hc hs. the Slllri Of
FOilme Dollars.
NonceIn full for publication of the above notice.
IT is unlawful to directly or indirectly
advertise or in any other mannerindicate or publicize that thepatronage or employment oc per,sons of any pinnal or race, creed, JODI F A11C&�HSTRcolor, sex, national origin, religion, smarital status or disability are y C6flA7s7! fi^uP�unwelcome, o;iectionable, not ac- i 4 « pgy a IflESceptable,or not solicited.
we will not knowingly accept any
employment advertisement which is
in violation of law.
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