Iowa Code 329.11 – Variances
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Terms Used In Iowa Code 329.11
- 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
- Municipality: means any county or city of this state. See Iowa Code 329.1
- Operate: means to ride in or on, other than as a passenger, use, or control the operation of an all-terrain vehicle in any manner, whether or not the all-terrain vehicle is moving. See Iowa Code 321I.1
- Person: includes any individual, firm, corporation, partnership, joint adventure, or association, and the plural as well as the singular number. See Iowa Code 321H.2
- Person: means any individual, firm, partnership, corporation, company, association, joint stock association, or body politic, and includes any trustee, receiver, assignee, or other similar representative thereof. See Iowa Code 329.1
- property: includes personal and real property. See Iowa Code 4.1
- Structure: means 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. See Iowa Code 329.1
- Tree: means any object of natural growth. See Iowa Code 329.1
Any person desiring to erect or increase the height of any structure, or to permit the growth of any tree, or otherwise use the person‘s property in violation of airport zoning regulations adopted under this chapter, may apply to the board of adjustment for a variance from the zoning regulations. Such variances shall be allowed where a literal application or enforcement of the regulations would result in practical difficulty or unnecessary hardship and the relief granted would not be contrary to the public interest, but would do substantial justice and be in accordance with the spirit of the regulations and this chapter; provided, however, that any such variance may be allowed subject to any reasonable conditions that the board of adjustment may deem necessary to effectuate the purposes of this chapter, including the reservation of the right of the municipality, at its own expense, to install, operate, and maintain thereon such markers and lights as may be necessary to indicate to operators of aircraft the presence of the airport hazard.