(A) General provisions.
(1) Purpose and authority. The city’s Airport Joint Airport Zoning Board, created and established by joint action of the City Council and the Board of Commissioners of the county and the Town Board of Spencer Township, pursuant to the provisions and authority of M.S. § 360.063, as it may be amended from time to time, hereby finds and declares that:
(a) An airport hazard endangers the lives and property of users of the Aitkin Airport, and property or occupants of land in its vicinity; and also if of the obstructive type, in effect reduces the size of the area available for the landing, takeoff and maneuvering of aircraft, thus tending to destroy or impair the utility of the airport and the public investment therein;
(b) The creation or establishment of an airport hazard is a public nuisance and an injury to the region served by the Aitkin Airport;
(c) For the protection of the public health, safety, order, convenience, prosperity 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;
(d) The prevention of these airport hazards should be accomplished, to the extent legally possible, by the exercise of the police power without compensation;
(e) The prevention of the creation or establishment of airport hazards, and the elimination, removal, alteration, mitigation or marking and lighting of existing airport hazards are public purposes for which political subdivisions may raise and expend public funds;
(f) The Aitkin Airport is an essential public facility that serves an important public transportation role and provides a public good;
(g) This section establishes the Airport Zoning Overlay District to “better manage significant areas with specific needs that cross Zoning District Boundaries. All sites within an overlay district shall continue to bear their original zoning, but shall also comply with the provisions of the overlay district appended”. (Section 6.1.A). City ordinance recognizes that Overlay (Airport Zoning) Maps are considered part of the official Zoning Map and all land uses must comply with the provisions of the applicable overlay district;
(h) Section 21 of the Aitkin County Zoning Ordinance recognizes the Airport Zoning Ordinance to “promote public health, safety, and general welfare and to protect the lives and property of users of the Aitkin County Airports and of the owners and occupants of land in their vicinities”. (Section 21.01);
(i) The county’s Comprehensive Land Use Plan recognizes the importance of aviation industry to the community and recommends that the county:
1. Support continued development and maintenance of the airport system serving the county’s Airport Zoning Ordinance;
2. Work with each city or airport manager to assure plans are developed to reserve space for future airport expansion; and
3. Assure that zoning districts surrounding existing airports are compatible with airport use and expansion and have adequate space for associated business development.
(j) This subchapter amends and replaces the city’s Airport Zoning Ordinance adopted May, 1972.
(2) Short title. This subchapter shall be known as the “Aitkin Airport Zoning Ordinance”. Those sections of land affected by this subchapter are indicated in Appendix B at the end of this chapter.
(3) Definitions. For the purpose of this subchapter, the following definitions apply unless the context clearly indicates or requires a different meaning.
AIRPORT. The Aitkin Airport located in Sections 18 and 19, Township 47 North, Range 26 West.
AIRPORT ELEVATION. The established elevation of the highest point on the usable landing area which elevation is established to be 1,206 feet above mean sea level.
AIRPORT HAZARD. Any structure, tree or use of land which obstructs the air space required for, or is otherwise hazardous to, the flight of aircraft in landing or taking off at the airport; and any use of land which is hazardous to persons or property because of its proximity to the airport.
AITKIN AIRPORT COMMISSION. A five-member commission with the authority to make decisions on the Aitkin Airport which is funded two-thirds by the county and one-third by the city.
COMMISSIONER. The Commissioner of the state’s Department of Transportation.
CONFORMING USE. Any structure, tree or object of natural growth, or use of land that complies with all the applicable provisions of this subchapter or any amendment to this subchapter.
DWELLING. Any building or portion thereof designed or used as a residence or sleeping place of one or more persons.
ESTABLISHED RESIDENTIAL NEIGHBORHOOD IN A BUILT UP URBAN AREA (ERN - BUUA). An area which, if it existed on or before 1-1-1978 shall be considered a conforming use that shall not be prohibited.
HEIGHT. For the purpose of determining the height limits in all zones set forth in this subchapter and shown on the zoning map, the datum shall be mean sea level elevation unless otherwise specified.
LANDING AREA. The area of the airport used for the landing, taking off or taxiing of aircraft.
LOW DENSITY RESIDENTIAL LOT. A single lot located in an area which is zoned for single-family or two-family residences and in which the predominant land use is the type of residences.
LOW DENSITY RESIDENTIAL STRUCTURE. A single-family or two-family home.
NON-CONFORMING USE. Any pre-existing structure, tree, natural growth or land use which is inconsistent with the provisions of this subchapter or an amendment hereto.
NON-PRECISION INSTRUMENT RUNWAY. A runway having an existing or planned straight-in instrument approach procedure utilizing air navigation facilities with only horizontal guidance, and for which no precision approach facilities are planned or indicated on an approved planning document.
OTHER THAN UTILITY RUNWAY. A runway that is constructed for and intended to be used by jet aircraft or aircraft of more than 12,500 pounds maximum gross weight; or is 4,900 feet or more in length.
PERSON. An individual, firm, partnership, corporation, company, association, joint stock association or body politic, and includes a trustee, receiver, assignee, administrator, executor, guardian or other representative.
PLANNED. Those proposed future airport developments that are so indicated on a planning document having the approval of the Federal Aviation Administration, state’s Department of Transportation Office of Aeronautics and the Aitkin Airport Commission.
PRECISION INSTRUMENT RUNWAY. A runway having an existing instrument approach procedure utilizing an instrument landing system (ILS), a microwave landing system (MLS) or a precision approach radar (PAR), a transponder landing system (TLS) or a satellite-based system capable of operating to the same level of precision guidance provided by the other included systems. Also, a runway for which a precision instrument approach system is planned and is so indicated on an approved planning document.
RUNWAY. Any existing or planned paved surface or turf covered area of the airport which is specifically designated and used or planned to be used for the landing and/or taking off of aircraft.
SLOPE. An incline from the horizontal expressed in an arithmetic ratio of horizontal magnitude to vertical magnitude.
STRUCTURE. An object constructed or installed by humans, including, but without limitations, buildings, towers, smokestacks, earth formations and overhead transmission lines.
TRAVERSE WAYS. For the purpose of determining height limits as set forth in this subchapter, shall be increased in height by 17 feet for interstate highways; 15 feet for all other public roadways; ten feet or the height of the highest mobile object that would normally traverse the road, whichever is greater, for private roads; 23 feet for railroads; and for waterways and all other traverse ways not previously mentioned, an amount equal to the height of the highest mobile object that would normally traverse it.
TREE. Any object of natural growth.
UTILITY RUNWAY. A runway that is constructed for, and intended to be used by propeller-driven aircraft of 12,500 pounds maximum gross weight and less; and is less than 4,900 feet in length.
VISUAL RUNWAY. A runway intended solely for the operation of aircraft using visual approach procedures, with no straight-in instrument approach procedure and no instrument designation indicated on an approved planning document.
WATER SURFACES. The same meaning as land for the establishment of protected zones.
(4) Conflicts. Where there exists a conflict between any of the regulations or limitations prescribed in this subchapter and any other regulations applicable to the same area, whether the conflict be with respect to the height of structures or trees, the use of land or any other matter, the more stringent limitation or regulation shall govern and prevail.
(B) Rules and regulations.
(1) Air space obstruction zoning.
(a) Air space zones. In order to carry out the purpose of this subchapter, as set forth above, the following air space zones are hereby established: Primary Zone, Horizontal Zone, Conical Zone, Approach Zone, Precision Instrument Approach Zone and Transitional Zone, and whose locations and dimensions are as follows.
1. Primary Zone.
a. All that land which lies directly under an imaginary primary surface longitudinally centered on a runway and:
i. Runway 16-34: extends 200 feet beyond each end; and
ii. Runway 8-26:
A. Coincides with the 3,145-foot visual turf runway; and
B. Three thousand seven hundred foot non-precision bituminous runway: extends 200 feet beyond each end. The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway centerline.
b. The width of the primary surface is:
i. One thousand feet for Runway 16-34; and
ii. Five hundred fifty-six feet to accommodate the combined surfaces of both the 3,145 foot visual turf runway and the 3,700 foot non-precision bituminous runway.
2. Horizontal Zone. All that land which lies directly under an imaginary horizontal surface 150 feet above the established airport elevation, or a height of 1,356 feet above mean sea level, the perimeter of which is constructed by swinging arcs of specified radii from the center of each end of the primary surface of each runway and connecting the adjacent arcs by lines tangent to those arcs. The radius of the horizontal surface arc is 10,000 feet for Runway 16-34 which encompasses the arc of the crosswind runway.
3. Conical Zone. All that land which lies directly under an imaginary conical surface extending upward and outward from the periphery of the horizontal surface at a slope of 20:1 for a horizontal distance of 4,000 feet as measured outward from the periphery of the horizontal surface.
4. Approach Zone. All that land which lies directly under an imaginary approach surface longitudinally centered on the extended centerline at each end of a runway. The inner edge of the subchapter’s approach surface is at the same width and elevation as, and coincides with, the end of the primary surface. The approach surface inclines upward and outward at a slope of:
a. Twenty to one for the 3,145-foot visual turf runway: the approach surface expands uniformly to a width of 1,250 feet at a distance of 5,000 feet, then continues at the same rate of divergence to the periphery of the conical surface; and
b. Twenty to one for the 3,700 foot non-precision bituminous runway: the approach surface expands uniformly to a width of 2,000 feet at a distance of 5,000 feet, then continues at the same rate of divergence to the periphery of the conical surface.
5. Precision Instrument Approach Zone. All that land which lies directly under an imaginary precision instrument approach surface longitudinally centered on the extended centerline at each end of Runway 16-34, a precision instrument runway. The inner edge of the precision instrument approach surface is at the same width and elevation as, and coincides with, the end of the primary surface. The precision instrument approach surface inclines upward and outward at a slope of 50:1 for a horizontal distance of 10,000 feet expanding uniformly to a width of 4,000 feet, then continues upward and outward for an additional horizontal distance of 40,000 feet at a slope of 40:1, expanding uniformly to an ultimate width of 16,000 feet.
6. Transitional Zone. All that land which lies directly under an imaginary surface extending upward and outward at right angles to the runway centerline and centerline extended at a slope of 7:1 from the sides of the primary surfaces and from the sides of the approach surfaces until they intersect the horizontal surface or the conical surface. Transitional surfaces for those portions of the precision instrument approach surface which project through and beyond the limits of the conical surface, extend a distance of 5,000 feet measured horizontally from the edge of the precision instrument approach surface and at right angles to the extended precision instrument runway centerline.
(b) Height restrictions. Except as otherwise provided in this subchapter, and except as necessary and incidental to airport operations, no structure or tree shall be constructed, altered, maintained or allowed to grow in any air space zone created in division (A) above so as to project above any of the imaginary air space surfaces described in the division (A) above. Where an area is covered by more than one height limitation, the more restrictive limitation shall prevail.
(c) Boundary limitations. The air space obstruction height zoning restrictions set forth in this section shall apply for a distance not to exceed one and one-half miles beyond the perimeter of the airport boundary and in that portion of an airport hazard area under the approach zone for a distance not exceeding two miles from the airport boundary.
(2) Land use safety zoning.
(a) Safety zone boundaries. In order to carry out the purpose of this subchapter, as set forth above, to restrict those uses which may be hazardous to the operational safety of aircraft operating to and from the Aitkin Airport and, furthermore, to limit population and building density in the runway approach areas, thereby creating sufficient open space to protect life and property in case of an accident, there are hereby created and established the following land use safety zones.
1. Safety Zone A. All land in that portion of the approach zones of a runway, as defined in § 153.15(A) of this subchapter, which extends outward from the end of the primary surface a distance equal to two-thirds of the planned length of the runway, which distance shall be:
a. Three thousand three hundred thirty-four feet for Runway 16-34;
b. Two thousand ninety-seven feet for the 3,145-foot visual turf runway; and
c. Two thousand four hundred sixty-seven feet for the 3,700-foot non-precision bituminous runway.
2. Safety Zone B. All land in that portion of the approach zones of a runway, as defined in § 153.15(A) of this subchapter, which extends outward from Safety Zone A a distance equal to one-third of the planned length of the runway, which distance shall be:
a. One thousand six hundred sixty-six feet for Runway 16-34;
b. One thousand forty-eight feet for the 3,145-foot visual turf runway; and
c. One thousand two hundred thirty-three feet for the 3,700-foot non-precision bituminous runway.
3. Safety Zone C. All land which is enclosed within the perimeter of the horizontal zone, as defined in § 153.15(A) of this subchapter, and which is not included in Safety Zone A or Safety Zone B.
4. Exceptions established residential neighborhoods. There are no areas designated as established residential neighborhoods in built up urban areas based upon the status of development existing on 1-1-1978.
(b) Restrictions.
1. General. Subject at all times to the height restrictions set forth in division (B)(1)(b), above, no use shall be made of any land in any of the safety zones defined in division (B)(2)(a) above, which creates or causes interference with the operations of radio or electronic facilities on the airport or with radio or electronic communications between the airport and aircraft, make it difficult for pilots to distinguish between airport lights and other lights, results in glare in the eyes of pilots using the airport, impairs visibility in the vicinity of the airport, or otherwise endangers the landing, taking off or maneuvering of aircraft.
2. Zone A. Subject at all times to the height restrictions set forth in division (B)(1)(b) above and to the general restrictions contained in division (B)(2)(b)1. above, areas designated as Zone A shall contain no buildings, temporary structures, exposed transmission lines or other similar above-ground land use structural hazards, and shall be restricted to those uses which will not create, attract or bring together an assembly of persons thereon. Permitted uses may include, but are not limited to, such uses as agriculture (seasonal crops), horticulture, animal husbandry, raising of livestock, light outdoor recreation (non-spectator), cemeteries and automobile parking without lighting or other above ground structures.
3. Zone B. Subject at all times to the height restrictions set forth in division (B)(1)(b) above, and to the general restrictions contained in division (B)(2)(b)1. above, areas designated as Zone B shall be restricted in use as follows.
a. Each use shall be on a site whose area shall not be less than three acres.
b. Each use shall not create, attract or bring together a site population that would exceed 15 times that of the site acreage.
c. Each site shall have no more than one building plot upon which any number of structures may be erected.
d. A building plot shall be a single, uniform and non-contrived area, whose shape is uncomplicated and whose area shall not exceed the following minimum ratios with respect to the total site area:
Site Area | Ratio of Building Site Area to Building Plot Area | Maximum Site Plot Area (sq. ft.) | Population (15 persons/acre) | |
At Least (acres) | But Less Than (acres) | |||
3 | 4 | 12:1 | 10,900 | |
4 | 6 | 10:1 | 17,400 | |
6 | 10 | 8:1 | 32,600 | |
10 | 20 | 6:1 | 72,500 | |
20 | and up | 4:1 | 218,000 | |
e. The following uses are specifically prohibited in Zone B: churches; hospitals; schools; theaters; stadiums; hotels; motels; trailer courts; campgrounds; and other places of frequent public or semi-public assembly.
4. Zone C. Zone C is subject only to height restrictions set forth in division (B)(1)(b) above and to the general restrictions contained in division (B)(2)(b)1. above.
5. Exemptions; established residential neighborhoods. There are no areas designated as established residential neighborhoods in built up urban areas based upon the status of development existing on 1-1-1978.
(c) Boundary limitations. The land use zoning restrictions set forth in this section shall apply for a distance not to exceed one mile beyond the perimeter of the airport boundary and in that portion of an airport hazard area under the approach zone for a distance not exceeding two miles from the airport boundary.
(d) Boundary assurances. A certified survey prepared by a licensed land surveyor shall be required to be submitted with a building/zoning permit application for properties that are entirely or partially contained within Land Use Safety Zones A and B, unless the Zoning Administrator determines the proposed building site is clearly outside the safety zones. For any location within the air space jurisdiction of this subchapter, the Zoning Administrator may require a survey that shows the elevation of a proposed structure will conform to the air space requirements of this subchapter.
(3) Airport map. The several zones herein established are shown in Appendix B to this chapter, the exhibits are attached hereto and made a part hereof, which, together with such amendments thereto as may from time to time be made, and all notations, references, elevations, data, zone boundaries and other information thereon, shall be and the same is hereby adopted as part of this subchapter. Refer to the local land use authority for underlying land use and zoning designations, as well as division (A)(4) above for guidance on conflicts between regulations.
(4) Performance standards. To avoid the creation of a use that may have adverse impacts on overhead flight or to persons or property on the ground, no land use within the airport’s proximity, regardless whether permitted under the applicable airport zoning regulations, can operate or perform in a way that exceeds the following performance standard limits:
(a) Is tall enough to be hazardous to the navigation of aircraft, including tall buildings, smokestacks, construction cranes, trees, cell towers and wind energy conversion systems;
(b) May interfere with electronic navigation aids such as radar facilities and instrument landing systems that provide for the safe movement of aircraft. These aides may be located on-airport or off. Non-aviation electronic sources placed near electronic navigation aids may cause interference. Similarly, new structures may block the navigation aid signals. Both these types of situations must be reviewed prior to the placement of the uses and structures;
(c) May cause a visual distraction to pilots approaching the airport. Distractions can occur from outdoor lights near an airport (e.g., high mast lighting or stadium lighting), from highly reflective exterior building materials or from water surfaces. Smoke or steam generated by nearby businesses, industry or field burning can also create severe visual difficulties for pilots. Activities that generate a lot of dust can cause similar problems; and
(d) Is deemed to have the potential to create a wildlife hazard to airport operations as determined by the Federal Aviation Administration (FAA), U.S. Department of Agriculture (USDA), U.S. Fish and Wildlife Services (USFWS) and Mn/DOT Aeronautics.
(5) Non-conforming uses. Regulations are not retroactive. The regulations prescribed by this subchapter shall not be construed to require the removal, lowering or other changes or alteration of any structure or tree not conforming to the regulations as of the effective date of this subchapter, or otherwise interfere with the continuance of any non-conforming use. Nothing herein contained shall 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 this subchapter, and is diligently prosecuted and completed within two years thereof.
(6) Hazard marking and lighting.
(a) Non-conforming uses. The owner of any non-conforming structure or tree is hereby required to permit the installation, operation and maintenance thereon of the markers and lights as shall be deemed necessary by the Zoning Administrator, to indicate to the operators of aircraft in the vicinity of the airport the presence of the airport hazards. The markers and lights shall be installed, operated and maintained at the expense of the Aitkin Airport Commission.
(b) Permits and variances. Any permit or variance deemed advisable to effectuate the purpose of this subchapter and be reasonable in the circumstances, and granted by the Zoning Administrator or Board, shall require the owner of the structure or tree in question, at his or her own expense, to install, operate and maintain thereon the markers and lights as may be necessary to indicate to pilots the presence of an airport hazard.
(C) Administration and enforcement.
(1) Permits.
(a) Future uses. Except as specifically provided in divisions (C)(1)(a)1. and (C)(1)(a)2. below, no material change shall be made in the use of land and no structure shall be erected, altered or otherwise established in any zone hereby created unless a permit therefore shall have been applied for and granted by the Zoning Administrator, hereinafter, provided for. Each application for a permit shall indicate the purpose for which the permit is desired, with sufficient particularity to permit it to conform to the regulations herein prescribed. If the determination is in the affirmative, the permit shall be granted.
1. However, a permit for a tree or structure of less than 75 feet of vertical height above the ground shall not be required in the horizontal and conical zones or in any approach and transitional zones beyond a horizontal distance of 4,200 feet from each end of the runway, except when the tree or structure, because of terrain, land contour or topographic features, would extend the height or land use limit prescribed for the respective zone.
2. Nothing contained in this foregoing exception shall be construed as permitting or intending to permit any construction, alteration or growth of any structure or tree in excess of any of the height limitations established by this subchapter as set forth in division (B)(1)(b) above and the land use limitations set forth in division (B)(2) above.
(b) Existing uses. Before any existing use or structure may be replaced, substantially altered or repaired or rebuilt within any zone established herein, a permit must be secured authorizing the replacement, change or repair. No permit shall be granted that would allow the establishment or creation of an airport hazard or permit a non-conforming use, structure or tree to become a greater hazard to air navigation than it was on the effective date of this subchapter or any amendments thereto, or than it is when the application for a permit is made. Except as indicated, all applications for such a permit shall be granted.
(c) Non-conforming uses abandoned or destroyed. Whenever the Zoning Administrator determines that a non-conforming structure or tree has been abandoned or more than 80% torn down, deteriorated or decayed, no permit shall be granted that would allow the structure or tree to exceed the applicable height limit or otherwise deviate from the zoning regulations. Whether application is made for a permit under this division (C)(1)(c) or not, the Zoning Administrator may order the owner of the abandoned or partially destroyed non-conforming structure, at his or her own expense, to lower, remove, reconstruct or equip the same in the manner necessary to conform to the provisions of this subchapter. In the event the owner of the non-conforming structure shall neglect or refuse to comply with the order for ten days after receipt of written notice of the order, the Zoning Administrator may, by appropriate legal action, proceed to have the abandoned or partially destroyed non-conforming structure lowered, removed, reconstructed or equipped and assess the cost and expense thereof against the land on which the structure is or was located. Unless such an assessment is paid within 90 days from the service of notice thereof on the owner of the land, the sum shall bear interest at the rate of 8% per annum from the date the cost and expense is incurred until paid, and shall be collected in the same manner as are general taxes.
(2) Variances.
(a) Any person desiring to erect or increase the height of any structure, permit the growth of any tree or use his or her property not in accordance with the regulations prescribed in this subchapter may apply to the Board of Adjustment, hereinafter provided for, for a variance from the regulations. If the Board of Adjustment fails to grant or deny the variance within the time frame established within M.S. §
(b) The respective Zoning Administrator shall forward the request to the state’s Department of Transportation Office of Aeronautics and the other jurisdiction’s Zoning Administrator for review and comment prior to consideration of the request by the Board of Adjustment.
(3) Airport Zoning Administrator. It shall be the duty of the City and County Zoning Administrators to administer and enforce the regulations prescribed herein, based on the area in which they have land use authority. Applications for permits and variances shall be made to the appropriate jurisdiction’s Zoning Administrator upon a form furnished by them. Permit applications shall be promptly considered and granted or denied by them in accordance with the regulations prescribed herein or as provided for within M.S. § 15.99, as it may be amended from time to time. Variance applications shall be forthwith transmitted by the appropriate jurisdiction’s Zoning Administrator to the Board of Adjustment for action as hereinafter provided for.
(4) Board of Adjustment.
(a) Establishment. The Board of Adjustment for this subchapter shall exclude elected officials and be defined as follows:
1. City Planning Commission for requests in the corporate city limits or within the boundary of an orderly annexation agreement area; and
2. County Board of Adjustment for other requests in the unincorporated area. If elected officials serve on a Board of Adjustment, they shall abstain from voting.
(b) Powers. The Board of Adjustment shall have and exercise the following powers:
1. Hear and decide appeals from any order, requirement, decision or determination made by the Administrator in the enforcement of this subchapter;
2. Hear and decide special exceptions to the terms of this subchapter upon which the Board of Adjustment under such regulations may be required to pass; and
3. Hear and decide specific variances.
(c) Procedures.
1. A request for a variance or an appeal to the Zoning Administrator’s ruling shall be filed with the Zoning Administrator. The respective Zoning Administrator shall forward the request to the state’s Department of Transportation Office of Aeronautics and the other jurisdiction’s Zoning Administrator for review and comment prior to consideration of the request by the Board of Adjustment.
2. Rules governing the Board of Adjustment shall be consistent with those established by the body serving as the Board of Adjustment and the provisions of this subchapter. Meetings of the Board of Adjustment shall be held at the call of the Zoning Administrator or Chairperson and at such other times as the Board of Adjustment may determine. The Chairperson, or in his or her absence the acting Chairperson, may administer oaths and compel the attendance of witnesses. All hearings of the Board of Adjustment shall be public. The Board of Adjustment shall keep minutes of its proceedings showing the vote of each member upon each question or, if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall immediately be filed in the offices of both Zoning Administrators and the County Recorder’s Office and shall be a public record.
3. The Board of Adjustment shall make written findings of facts and conclusions of law giving the facts upon which it acted and its legal conclusions from such facts in reversing, affirming or modifying any order, requirement, decision or determination which comes before it under the provisions of this subchapter.
4. The concurring vote of a majority of the members of the Board of Adjustment shall be sufficient to reverse any order, requirement, decision or determination of the Zoning Administrator or to decide in favor of the applicant on any matter upon which it is required to pass under this subchapter, or to effect any variation in this subchapter.
(5) Appeals.
(a) Any person aggrieved, or any taxpayer affected by any decision of the Zoning Administrator made in his or her administration of this subchapter may appeal to the Board of Adjustment. The appeals may also be made by any governing body of a municipality, county or airport zoning board, which is of the opinion that a decision of the Zoning Administrator is an improper application of this subchapter as it concerns the governing body or board.
(b) All appeals hereunder must be commenced within 30 days of the Zoning Administrator’s decision, by filing with the Zoning Administrator a notice of appeal specifying the grounds thereof. The Zoning Administrator shall forthwith transmit to the Board of Adjustment all the papers constituting the record upon which the action appealed from was taken. In addition, any person aggrieved, or any taxpayer affected by any decisions of the Zoning Administrator made in his or her administration of this subchapter who desires to appeal the decision shall submit an application for a variance, by certified mail, to the Zoning Administrator in the manner set forth in M.S. § 360.068, subd. 2, as it may be amended from time to time.
(c) An appeal shall stay all proceedings in furtherance of the action appealed from, unless the Zoning Administrator certifies to the Board of Adjustment after the notice of appeal has been filed with it, that by reason of the facts stated in the certificate a stay would, in his or her opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed, except by order of the Board of Adjustment on notice to the Zoning Administrator and on due cause shown.
(d) The Board of Adjustment shall fix a reasonable time for hearing appeals, give public notice and due notice to the parties in interest, and decide the same within a reasonable time. Upon the hearing, any party may appear in person, by agent or by attorney.
(e) The Board of Adjustment may, in conformity with the provisions of this subchapter, reverse or affirm, in whole or in part, or modify the order, requirement, decision or determination appealed from and may make such order, requirement, decision or determination, as may be appropriate under the circumstances and, to that end, shall have all the powers of the Zoning Administrator.
(6) Judicial review. Any person aggrieved, or any taxpayer affected by any decision of the Board of Adjustment, or any governing body of a municipality, county or airport zoning board, which is of the opinion that a decision of the Board of Adjustment is illegal may present to the District Court of the county a verified petition setting forth that the decision or action is illegal, in whole or in part, and specifying the grounds of the illegality. The petition shall be presented to the court within 30 days after receipt of notice of the decision. The petitioner must exhaust the remedies provided in this subchapter before availing himself or herself of the right to petition a court as provided by this section.
(Ord. 332, passed 5-19-2008; Ord. passed 3-15-2011)