(A) Purpose and authority. The Forest Lake Airport Joint Airport Zoning Board, created and established by joint action of the City Council of Forest Lake and the Town Board of Columbus 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:
(1) An airport hazard endangers the lives and property of users of the Forest Lake 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 Forest Lake Airport and the public investment therein.
(2) The creation or establishment of an airport hazard is a public nuisance and an injury to the region served by the Forest Lake Airport.
(3) 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.
(4) The prevention of these airport hazards should be accomplished, to the extent legally possible, by the exercise of the police power without compensation.
(5) 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.
(B) Short title. This section shall be known as "Forest Lake Airport Zoning Ordinance". Those sections of land affected by this chapter are indicated in "Exhibit A" which is attached to this section of Ord. 596.
(C) Definitions. As used in this section, unless the context otherwise requires:
AIRPORT. The Forest Lake Airport located in Section 20, Township 32, Range 21, City of Forest Lake.
AIRPORT ELEVATION. The established elevation of the highest point on the usable landing area which elevation is established to be 933.0 feet above mean sea level.
AIRPORT HAZARD. Any structure or tree or use of land which obstructs the airspace 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.
COMMISSIONER. The Commissioner of the Minnesota Department of Transportation.
DWELLING. Any building or portion thereof designed or used as a residence or sleeping place of 1 or more persons.
ESTABLISHED RESIDENTIAL NEIGHBORHOOD IN A BUILT-UP URBAN AREA (ERN-BUUA). An area, which, if it existed on or before January 1, 1978 (for low density structures and lots) and an area which, if it existed on or before July 2, 1979 (all other land uses), shall be considered a conforming use that shall not be prohibited except as provided below in (E)(2)(e)(1). The following criteria shall be applied and considered in determining what constitutes an ERN-BUUA:
(a) Location of the airport;
(b) Nature of the terrain within Safety Zones A and B;
(c) Existing land uses and character of the neighborhood around the airport;
(d) Population of the community;
(e) That the average population density in all areas within 1 mile of any point on a runway be equal to or greater than 1 dwelling unit per acre;
(f) Population density near the airport compared with population density in other areas of the community;
(g) The age and the economic, political, and social stability of the neighborhood and the community as a whole;
(h) The proximity of supporting school, commercial, religious, transportation and other facilities and their degree of integration with residential land uses;
(i) Presence or absence of public utilities including, but not limited to, public sanitary sewer system, electric service and gas mains;
(j) Whether or not the factor listed in divisions (h) and (i) above tend to make the community surrounding the airport a self-sufficient unit;
(k) Whether the areas within 1 mile of the perimeter of the airport property would be considered primarily residential in character; and
(l) Other material factors deemed relevant by the governmental unit in distinguishing the area in question as established, residential, urban, and built-up.
HEIGHT. For the purpose of determining the height limits in all zones set forth in this section 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 such type of residences.
LOW DENSITY RESIDENTIAL STRUCTURE. A single-family or two-family home.
NONCONFORMING USE. Any preexisting structure, tree, natural growth, or use of land which is inconsistent with the provisions of this section or an amendment hereto.
NONPRECISION 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.
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. As used in this section, refers only to those proposed future airport developments that are so indicated on a planning document having the approval for the Federal Aviation Administration, Mn/DOT, Office of Aeronautics, and the City of Forest Lake.
PRECISION INSTRUMENT RUNWAY. A runway having an existing instrument approach procedure utilizing an Instrument Landing System (ILS) or a Precision Approach Radar (PAR). 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 man, including, but without limitations, buildings, towers, smokestacks, and overhead transmission lines.
TRAVERSE WAYS. For the purposes of determining height, limits as set forth in this chapter shall be increased in height by 17 feet for interstate highways; 15 feet for all other public roadways; 10 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.
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. For the purpose of this section, shall have the same meaning as land for the establishment of protected zones.
(D) Airspace obstruction zoning.
(1) Airspace zones. In order to carry out the purposes of this section, as set forth above, the following airspace 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.
(a) Primary Zone.
1. All that land which lies directly under an imaginary primary surface longitudinally centered on a runway and extending 200 feet beyond each end of Runway 13/31.
2. The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway centerline. The width of the primary surface is 500 feet for Runway 13/31.
(b) Horizontal Zone.
1. All that land which lies directly under an imaginary horizontal surface 150 feet above the established airport elevation, or a height of 1,083 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 each arc is 6,000 feet for Runway 13/31.
2. When a 6,000-foot arc is encompassed by tangents connecting 2 adjacent 10,000-foot arcs, the 6,000-foot arc shall be disregarded in the construction of the perimeter of the horizontal surface.
(c) 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 radically outward from the periphery of the horizontal surface.
(d) Approach Zone.
1. 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 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 40:1 for Runway 13/31.
2. The approach surface expands uniformly to a width of 3,500 feet for Runway 13/31 at a distance of 10,000 feet to the periphery of the conical surface.
(e) 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 form 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.
(2) Height restrictions. Except as otherwise provided in this section, and except as necessary and incidental to airport operations, no structure or tree shall be constructed, altered, maintained, or allowed to grow in any airspace zone created in division (D)(1) so as to project above any of the imaginary airspace surfaces described in said division (D)(1) hereof. Where an area is covered by more than 1 height limitation, the more restrictive limitations shall prevail.
(3) Boundary limitations. The airspace obstruction height zoning restrictions set forth in this section shall apply for a distance not to exceed 1-1/2 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 2 miles from the airport boundary.
(E) Land use safety zoning.
(1) Safety zone boundaries. In order to carry out the purpose of this section, as set forth above and also, in order to restrict those uses which may be hazardous to the operational safety of aircraft operating to and from the Forest Lake Airport, and furthermore to limit population and building density in the runway approach areas, thereby creating sufficient open space so as to protect life and property in case of an accident, there are hereby created and established the following land use safety zones:
(a) Safety Zone A. All land in that portion of the approach zones of a runway, as defined in division (D)(1) hereof, which extends outward from the end of the primary surface a distance equal to 2/3 of the planned length of the runway, which distance shall be 2,200 feet for Runway 13/31.
(b) Safety Zone B. All land in that portion of the approach zones of a runway, as defined in division (D)(1) hereof, which extends outward from Safety Zone A a distance equal to 1/3 of the planned length of the runway, which distance shall be 1,100 feet for Runway 13/31.
(c) Safety Zone C. All that land which is enclosed within the perimeter of the Horizontal Zone, as defined in division (D)(1) hereof, and which is not included in Zone A or Zone B.
(d) Exceptions, established residential neighborhoods. The following described lands are designated as ”Established Residential Neighborhoods in Built-Up Urban Areas,” based upon the state of development of the areas on July 2, 1979. Land uses which were in existence in these areas on July 2, 1979 are exempt from the use restrictions of divisions (E)(2)(b) and (E)(2)(c) below, and are subject to the provisions of (E)(2)(e) below.
1. Lots 21 through 25, according to the record plat of Lakeview Grove on file in the office of the County Recorder in and for Washington County, Minnesota.
2. Lots 1 through 5, Block 1, according to the record plat of Clear View on file in the office of the County Recorder in and for Washington County, Minnesota.
(e) Exceptions - isolated low density residential building lots and low density residential structures. The following properties in the aforesaid established residential neighborhoods are hereby designated as either isolated, low-density residential building lots or low-density residential structures. A “low-density residential structure” shall mean a single-family or two-family home and an “isolated low-density residential building lot” shall mean 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 such type of residence. The low-density uses which were in existence on January 1, 1978 are subject to special provisions set forth in division (E)(2)(e), exceptions below:
1. That part of Government Lot 7, Section 18, Township 32, Range 21, Washington County, Minnesota which lies east of the record plat of Lakeview Grove on file in the office of the County Recorder in and for Washington County, Minnesota.
2. The North 264 feet of the East 330 feet of the Northwest Quarter of the Northeast Quarter of Section 19, Township 32, Range 21, Washington County, Minnesota.
(2) Use restrictions.
(a) General. Subject at all times to the height restrictions set forth in division (D)(2), no use shall be made of any land in any of the safety zones defined in division (E)(1) which creates or causes interference with the operations of radio or electronic facilities on the airport or with radio or electronic communications between airport and aircraft, makes 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.
(b) Zone A. Subject at all times to the height restrictions set forth in division (D)(2) and to the general restrictions continued in division (E)(2)(a), areas designated as Zone A shall contain no buildings, temporary structures, exposed transmission lines, or other similar aboveground 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, wildlife habitat, light outdoor recreation (nonspectator), cemeteries, and automobile parking.
(c) Zone B. Subject at all times to the height restrictions set forth in division (D)(2) and to the general restrictions contained in division (E)(2)(a), areas designated as Zone B shall be restricted in use as follows:
1. Each use shall be on a site whose area shall not be less than 3 acres.
2. Each use shall not create, attract, or bring together a site population that would exceed 15 times that of the site acreage.
3. Each site shall have no more than 1 building plot upon which any number of structures may be erected.
4. 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 at Least (Acres) | But Less Than (Acres) | Ratio of Site Area to Bldg. Plot Area | Building Plot Area (Sq. Ft.) | Max. Site Population (15 persons/A) |
3 | 4 | 12:1 | 10,900 | 45 |
12:1 | ||||
4 | 6 | 10:1 | 17,400 | 60 |
10:1 | ||||
6 | 10 | 8:1 | 32,700 | 90 |
8:1 | ||||
10 | 20 | 6:1 | 72,600 | 150 |
6:1 | ||||
20 | and up | 4:1 | 218,000 | 300 |
5. The following uses are specifically prohibited in Zone B: churches, hospitals, schools, theaters, stadiums, hotels and motels, trailer courts, campgrounds, and other places of frequent public or semi-public assembly.
(d) Zone C. Zone C is subject only to height restrictions set forth in division (D)(2), and to the general restrictions contained in division (E)(2)(a).
(e) Exemptions, established residential neighborhoods.
1. Land uses which existed as of July 2, 1979 in the Established Residential Neighborhoods set forth in division (E)(1)(d) above, and as shown on the Zoning Map, are subject to the height restrictions of division (D)(2) and the general restrictions of division (E)(2)(a). Land uses which come into existence after July 2, 1979 are treated as though they were not in a designated established residential neighborhood and are subject to the Zone A or Zone B restrictions as the case may be.
2. Land uses in established residential neighborhoods, which violate any of the following restrictions are prohibited as safety hazards and must be acquired, altered, or removed at public expense. Those conditions are as follows:
a. The following land uses if they exist in Safety Zones A and B and in an ERN-BUUA are considered by the Commissioner to constitute airport safety hazards so severe, either to persons on the ground or to the air-traveling public, or both, that they must be prohibited under local airport zoning ordinances:
i. Any structure which a person or persons customarily use as a principal residence and which is located entirely inside Safety Zone A within 1,000 feet of the end of the Primary Zone;
ii. Any structure which a person or persons customarily use as a principal residence and which is located entirely within Safety Zones A and B and which penetrates an imaginary approach surface as defined by division (D)(1);
iii. Any land use in Safety Zone A or B which violates any of the following standards:
A. The land use must not create or cause interference with the operation of radio or electronic facilities on the airport or with radio or electronic communications between the airport and aircraft;
B. The land use must not make it difficult for pilots to distinguish between airport lights and other lights;
C. The land use must not result in glare in the eyes of pilots using the airport or impair visibility in the vicinity of the airport.
iv. Any isolated residential building lot zoned for single-family or two-family residences on which any structure, if built, would be prohibited by divisions (E)(2)(e)2.a.i., ii. or iii. above. An "isolated" residential building lot is one located in the area in which the predominant land use is single-family or two-family residential structures; and
v. Any other land use which presents, in the opinion of the Commissioner, a material danger to the landing, taking off or maneuvering of aircraft or to the safety of persons on the ground. In making such a determination, the Commissioner shall consider the following factors:
A. Possibility that the land use may contribute to or cause a collision of 2 or more aircraft or an aircraft and some other object;
B. Possibility that the land use may, in case of an aircraft accident, cause an explosion, fire, or the release of harmful or noxious fumes, gases, or substances;
C. Tendency of the land use to increase the number of persons that would be injured in case of an aircraft accident;
D. Effect of the land use on availability of clear areas for emergency landings; and
E. Flight patterns around the airport, the extent of use of the runway in question, the type of aircraft using the airport, whether the runways are lighted, whether the airport is controlled, and other similar factors.
(3) Boundary limitations. The land use zoning restrictions set forth in this section shall apply for a distance not to exceed 1 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 2 miles from the airport boundary.
(F) Airport Zoning Map. The several zones herein established are shown on the Forest Lake Airport Zoning Map consisting of 3 sheets, prepared by SEH Inc., and dated January 1, 2002, attached hereto and made a part hereof, which map, 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 chapter.
(G) Nonconforming uses. Regulations not retroactive. The regulations prescribed by this section 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 section, or otherwise interfere with the continuance of any nonconforming 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 section, and is diligently prosecuted and completed within 2 years thereof.
(H) Permits.
(1) Future uses. Except as specifically provided in divisions (H)(1)(a) and (H)(1)(b) hereunder, 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 therefor shall have been applied for and granted by the Zoning Administrator, hereinafter provided for. Each application for a permit shall indicate the purpose of which the permit is desired, with sufficient particularity to permit it to conform to the regulations herein prescribed. If such determination is in the affirmative, the permit shall be granted.
(a) However, a permit for a tree or structure 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 such tree or structure, because of terrain, land contour, or topographic features, would extend the height or land use limit prescribed for the respective zone.
(b) 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 section as set forth in division (D) and the land use limitations set forth in division (E).
(2) Existing uses. Before any existing use or structure may be replaced, substantially altered or impaired, or rebuilt within any zone established herein, a permit must be secured authorizing such replacement, change, or repair. No permit shall be granted that would allow the establishment or creation of an airport hazard or permit a nonconforming use, structure, or tree to become a greater hazard to air navigation than it was on the effective date of this section 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.
(3) Nonconforming uses abandoned or destroyed. Whenever the Zoning Administrator determines that a nonconforming structure or tree has been abandoned or more than 80% torn down, deteriorated, or decayed, no permit shall be granted that would allow such 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 paragraph or not, the Zoning Administrator may order the owner of the abandoned or partially destroyed nonconforming 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 section. In the event the owner of the nonconforming structure shall neglect or refuse to comply with such order for 10 days after receipt of written notice of such order, the Zoning Administrator may, by appropriate legal action, proceed to have the abandoned or partially destroyed nonconforming 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 interested 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.
(I) Variances. Any person desiring to erect or increase the height of any structure, or permit the growth of any tree, or use his or her property not in accordance with the regulations prescribed in this section may apply to the Zoning Administrator, hereinafter provided for, for a variance from such regulations. If a person submits an application for a variance by certified mail and the Administrator fails to grant or deny the variance within 4 months after receiving the application, the variance shall be deemed to be granted. When the variance is granted by reason of the failure of the Administrator to act on the variance, the person receiving the variance shall notify the Administrator and the Commissioner by certified mail that the variance has been granted. The applicant shall include a copy of the original application for the variance with this notice to the Commissioner. The variance shall be effective 60 days after this notice is received by the Commissioner subject to any action taken by the Commissioner pursuant to M.S. § 360.063, Subd. 6a, as it may be amended from time to time. Such variances shall be allowed where it is duly found that a literal application or enforcement of the regulations would result in practical difficulty or unnecessary hardship and relief granted would not be contrary to the public interest but to substantial justice and be in accordance with the spirit of this section, provided any variance so allowed may be subject to any reasonable conditions that the Administrator or Commissioner may deem necessary to effectuate the purpose of this section.
(J) Hazard marking and lighting.
(1) Nonconforming uses. The owner of any nonconforming structure or tree is hereby required to permit the installation, operation, and maintenance thereon of such 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 such airport hazards. Such markers and lights shall be installed, operated, and maintained at the expense of the City of Forest Lake.
(2) Permits and variances. Any permit or variance deemed advisable to effectuate the purpose of this section and be reasonable to effectuate the purpose of this section 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 such markers and lights as may be necessary to indicate to pilots the presence of an airport hazard.
(K) Airport Zoning Administrator. It shall be the duty of the Zoning Administrator of the City of Forest Lake to administer and enforce the regulations prescribed herein. Applications for permits and variances shall be made to the Zoning Administrator upon a form furnished by him or her. Permit applications shall be promptly considered and granted or denied by him or her in accordance with the regulations prescribed herein. Variance applications shall be forthwith transmitted by the Zoning Administrator for action by the Board hereinafter provided for.
(L) Board of Adjustment.
(1) Establishment. The Board of Appeals, City of Forest Lake, shall serve as the Board of Adjustment for the Forest Lake Airport Zoning Ordinance.
(2) Powers. The Board of Adjustment shall have and exercise the following powers:
(a) To hear and decide appeals from any order, requirement, decision, or determination made by the Zoning Administrator in the enforcement of this section.
(b) To hear and decide special exceptions to the terms of this section upon which such Board of Adjustment under such regulations may be required to pass.
(c) To hear and decide specific variances.
(3) Procedures.
(a) The Board of Adjustment shall adopt rules for its governance and procedure in harmony with the provisions of this section. Meetings of the Board of Adjustment shall be held at the call of the 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 office of the Zoning Administrator and shall be a public record.
(b) 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 section.
(c) 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 section, or to effect any variation in this section.
(M) Appeals.
(1) Any person aggrieved, or any taxpayer affected by any decision of the Zoning Administrator made in his or her administration of this section may appeal to the Board of Adjustment. Such 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 chapter as it concerns such governing body or board.
(2) 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 section who desires to appeal such decision shall submit an application for a variance by certified mail to the members of the Board of Adjustment in the manner set forth in M.S. § 360.068, Subd. 2, as it may be amended from time to time.
(3) 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.
(4) 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 or by agent or by attorney.
(5) The Board of Adjustment may, in conformity with the provisions of this section, reverse or affirm, in whole or in part, or modify the order, requirement, decision or determine 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.
(N) 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 Washington 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. Such petition shall be presented to the court within 30 days after the decision is filed in the office of the Board of Adjustment. The petitioner must exhaust the remedies provided in this section before availing him or herself of the right to petition a court as provided by this section.
(O) Penalties. Every person who shall construct, establish, substantially change, alter or repair any existing structure or use, or permit the growth of any tree without having complied with the provision of this chapter or who, having been granted a permit or variance under the provisions of this section, shall construct, establish, substantially change or substantially alter or repair any existing growth or structure or permit the growth of any tree, except as permitted by such permit or variance, shall be guilty of a misdemeanor and shall be punished by a fine of not more than $1,000 or imprisonment for not more than 90 days or by both. Each day a violation continues to exist shall constitute a separate offense. The Airport Zoning Administrator may enforce all provisions of this section through such proceedings for injunctive relief and other relief as may be proper under the laws of M.S. § 360.073, as it may be amended from time to time, and other applicable law.
(P) Conflicts. Where there exists a conflict between any of the regulations or limitations prescribed in this section 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.
(Q) Severability.
(1) In any case in which the provision of this section, although generally reasonable, is held by a court to interfere with the use or enjoyment of a particular structure or parcel of land to such an extent, or to be so onerous in their application to such a structure or parcel of land, as to constitute a taking or deprivation of that property in violation of the Constitution of this state or the Constitution of the United States, such holding shall not affect the application of this section as to other structures and parcels of land, and to this end the provisions of this section are declared to be severable.
(2) Should any section or provision of this chapter be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the chapter passed and adopted after public hearing by the Forest Lake Airport Joint Airport Zoning Board this 20 day of November, 2002.
(Ord. 596, passed 2-8-2010)