Iowa Code 329.6 – Zoning powers
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1. If any municipality owning or controlling an airport adjacent to which there is an airport hazard area fails or refuses, within sixty days after a demand is made by the department, to adopt reasonably adequate airport zoning regulations under section 329.3, or to proceed as provided in section 329.4, the department may petition the district court of the county in which the airport hazard area, or any part thereof, is located, in the name of the state, praying that zoning regulations be established for the airport hazard area in question. The provisions of section 329.4, subsections 3 through 9, shall apply to such actions provided, however, that the municipality shall be joined as a party defendant in the action.
Terms Used In Iowa Code 329.6
- Airport: means any area of land or water designed and set aside for the landing and take-off of aircraft and utilized, or to be utilized, in the interest of the public for such purposes. See Iowa Code 329.1
- Airport hazard: means any structure or tree or use of land which would exceed the federal obstruction standards as contained in 14 C. See Iowa Code 329.1
- Airport hazard area: means any area of land or water upon which an airport hazard might be established if not prevented as provided by this chapter. See Iowa Code 329.1
- Days: means calendar days. See Iowa Code 322G.2
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Department: means the state department of transportation. See Iowa Code 321H.2
- Department: means the state department of transportation. See Iowa Code 329.1
- Municipality: means any county or city of this state. See Iowa Code 329.1
- state: when applied to the different parts of the United States, includes the District of Columbia and the territories, and the words "United States" may include the said district and territories. See Iowa Code 4.1
2. The department may maintain actions in equity to restrain and abate as nuisances the creation or establishment of airport hazards appertaining to any airport within the state, in violation of any zoning regulations adopted or established pursuant to the provisions of this chapter.