(A) Purpose and authority. The Waseca Joint Airport Zoning Board, created and established by joint action of the City Council of Waseca and the Board of Commissioners of Waseca County, and the St. Mary Town Board, 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 Waseca Municipal 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 said 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 Waseca Municipal 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 making and lighting of existing airport hazards are public purposes for which political subdivisions may raise and expend public funds;
(6) The Waseca Municipal Airport is an essential public facility that serves an important public transportation role and provides a public good; and
(7) This section amends and replaces the Waseca Municipal Airport Zoning Ordinance adopted in April 1974.
(B) Short title. This section shall be known as the Waseca Municipal Airport Safety Zoning Ordinance. Those sections of land affected by this ordinance are indicated in Exhibit A, which is attached to the ordinance amending this ordinance.
(C) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
AIRPORT. The Waseca Municipal Airport located in the east half of Section Fourteen (14), Township One Hundred Seven (107) North, Range Twenty-three (23), West of the 5th Principal Meridian, Waseca, Minnesota.
AIRPORT ELEVATION. The established elevation of the highest point on the usable landing area which elevation is established to be 1,126 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.
CONFORMING USE. Any structure, tree, or object of natural growth, or use of land that complies with all the applicable provisions of this ordinance or any amendment to this ordinance.
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 January 1, 1978 shall be considered a conforming use that shall not be prohibited except as provided below in (E)(2)(e), Exemptions Established Residential Neighborhoods.
HEIGHT. For the purpose of determining the height limits in all zones set forth in this ordinance 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 STRUCTURE. A single-family or two-family home.
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.
NONCONFORMING USE. Any pre-existing structure, tree, natural growth or use of land which is inconsistent with the provisions of this ordinance 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.
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. Only to those proposed future airport developments that are so indicated on a planning document having the approval of the Federal Aviation Administration, Minnesota Department of Transportation Office of Aeronautics and the City of Waseca.
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. The existing and planned runways at the Waseca Municipal Airport define the land use and airspace surfaces protected under this ordinance. The coordinates of the runway ends based on the updated Airport Layout Plan are as follows:
Runway End
|
Latitude
|
Longitude
|
15 | N44° 04' 39.60" | W93° 33' 20.76" |
33 | N44° 04' 09.40" | W93° 33' 00.44" |
33 (Planned) | N44° 04' 04.07" | W93° 32' 56.85" |
2 (Planned) | N44° 04' 13.03" | W93° 33' 19.07" |
20 (Planned) | N44° 04' 34.01" | W93° 33' 01.22" |
Note: Coordinates are NAD83 | ||
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 and overhead transmission lines.
TRAVERSE WAYS. For the purpose of determining height limits as set forth in this ordinance, 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; 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. Has 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 ordinance, 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:
a. Extending 200 feet beyond each end of Runway 15/33.
b. Coinciding with each end of Runway 2/20.
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:
a. 500 feet for Runway 15/33.
b. 250 feet for Runway 2/20.
(b) Horizontal Zone: All that land which lies directly under an imaginary horizontal surface 150 feet above the established airport elevation, or a height of 1,276.7 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 horizontal surface arc is 10,000 feet for Runway 15/33 which encompasses the arc of Runway 2/20.
(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 to one for a horizontal distance of 4,000 feet as measured outward from the periphery of the horizontal surface.
(d) 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 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:
1. 34 to one for Runway 15/33 expanding uniformly to a width of 3,500 feet at a distance of 10,000 feet, then continues at the same rate of divergence to the periphery of the conical surface.
2. 20 to one for Runway 2/20 expanding 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.
(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 seven to one 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.
(2) Height restrictions. Except as otherwise provided in this ordinance 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 (D)(1) so as to project above any of the imaginary airspace surfaces described in said (D)(1) hereof. Where an area is covered by more than one height limitation, the more restrictive limitation shall prevail.
(3) Boundary limitations. The airspace 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.
(E) Land use safety zoning.
(1) Safety zone boundaries. In order to carry out the purpose of this ordinance as set forth above, to restrict those uses which may be hazardous to the operational safety of aircraft operating to and from the Waseca Municipal 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:
(a) Safety Zone A: All land in that portion of the approach zones of a runway, as defined in (D)(1) hereof, 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:
1. 2,667 feet for Runway 15.
2. As illustrated in exhibits B2 and B3 for Runway 33.
3. 1,667 feet for Runway 2/20.
(b) Safety Zone B: All land in that portion of the approach zones of a runway, as defined in (D)(1) hereof, which extends outward from Safety Zone A for a distance equal to one-third of the planned length of the runway, which distance shall be:
1. 1,333 feet for Runway 15.
2. As illustrated in Exhibits B2 and B3 for Runway 33.
3. 833 feet for Runway 2/20.
(c) Safety Zone C: All land which is enclosed within the perimeter of the horizontal zone, as defined in (D)(1) hereof, and which is not included in Safety Zone A or Safety Zone B.
(d) Exceptions - Established Residential Neighborhoods: There are no lands designated as Established Residential Neighborhoods in Built-Up Urban Areas based upon the status of development existing on January 1, 1978.
(2) Use restrictions.
(a) General: Subject at all times to the height restrictions set forth in (D)(2), no use shall be made of any land in any of the safety zones defined in (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 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.
(b) Zone A: Subject at all times to the height restrictions set forth in (D)(2) and to the general restrictions contained in (E)(2)(a), 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, wildlife habitat, light outdoor recreation (non- spectator), cemeteries and automobile parking.
(c) Zone B: Subject at all times to the height restrictions set forth in(D)(2), and to the general restrictions contained in (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 three 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 one building plot upon which any number of structures may be erected; and
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:
Table 6.8 Maximum Ground Area and Population
| |||
Lot Size |
Ratio
|
Building Plot Area
|
Maximum Site Population
|
3.00 – 3.99 acres | 12:1 | 10,900 sq. ft. | 45 persons |
4.00 – 5.99 acres | 10:1 | 17,400 sq. ft. | 60 persons |
6.00 – 9.99 acres | 8:1 | 32,600 sq. ft. | 90 persons |
10.00 – 19.99 acres | 6:1 | 72,500 sq. ft. | 150 persons |
>20.00 acres | 4:1 | 218,000 sq. ft. | 300 persons |
5. 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.
(d) Zone C: Subject only to height restrictions set forth in (E)(2), and to the general restrictions contained in (E)(2)(a).
(e) Exemptions – Established Residential Neighborhoods: There are no lands designated as Established Residential Neighborhoods in Built-Up Urban Areas based upon the status of development existing on January 1, 1978.
(3) Boundary limitations. The land use zoning restrictions set forth in this ordinance 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.
(F) Airport zoning map. The several zones herein established are shown on the Waseca municipal airport zoning map, consisting of four sheets, prepared by TKDA, and dated September 30, 2019 , 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 ordinance.
(G) Nonconforming uses. Regulations not retroactive. The regulations prescribed by this ordinance 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 ordinance, 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 ordinance, and is diligently prosecuted and completed within two years thereof.
(H) Permits.
(1) Future uses. Except as specifically provided in paragraphs (a) and (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 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 such determination is in the affirmative, the permit shall be granted.
(a) 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 such tree or structure, because of terrain, land contour, or topographic features, would extend above 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 ordinance as set forth in (D) and the land use limitations set forth in (E).
(2) 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 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 ordinance 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 ordinance. In the event the owner of the nonconforming structure shall neglect or refuse to comply with such order for ten 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 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.
(I) Variance. 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 ordinance, may apply to the Board of Adjustment, hereinafter provided for, for a variance from such regulations. If a person submits an application for a variance by certified mail to the members of the Board and the Board fails to grant or deny the variance within four months after the last member receives the application, the variance shall be deemed to be granted by the Board. When the variance is granted by reason of the failure of the Board to act on the variance, the person receiving the variance shall notify the Board 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. 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 do substantial justice and be in accordance with the spirit of this ordinance provided any variance so allowed may be subject to any reasonable conditions that the Board or Commissioner may deem necessary to effectuate the purpose of this ordinance. The Board of Adjustment may request the following prior to making a decision:
(1) A review of the variance application by the MnDOT Office of Aeronautics.
(2) Airspace determination issued to the project proponent by the Federal Aviation Administration (FAA) for proposed action(s) requiring notice per Code of Federal Regulations, Title 14, Part 77.9.
(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 Waseca.
(2) Permits and variances. Any permit or variance deemed advisable to effectuate the purpose of this ordinance 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.
(1) It shall be the duty of the City of Waseca Planning and Zoning Coordinator, and Waseca County Planning and Zoning Administrator, to administer and enforce the regulations prescribed herein within their respective jurisdictions.
(2) Applications for permits and variances shall be made to the respective Airport Zoning Administrator upon a form furnished by them.
(3) Permit applications shall be promptly considered and granted or denied by them in accordance with the regulations prescribed herein.
(4) Variance applications shall be forthwith transmitted by the Airport Zoning Administrator for action by the Board, hereinafter provided for.
(L) Zoning Code Amendment. The City Council for the City of Waseca and County Board of Commissioners for Waseca County will each determine how to administer the regulations of the Waseca Airport Zoning Ordinance and any proposed changes to their respective zoning codes within their respective jurisdictions.
(M) Board of Adjustment. City of Waseca Planning Commission shall serve as the Board of Adjustment for requests within the City of Waseca and the Waseca County Board of Adjustment shall serve as the Board of Adjustment for requests within Waseca County outside of City of Waseca limits.
(1) Powers. The Board of Adjustment shall have and exercise the following powers:
(a) Hear and decide appeals from any order, requirement, decision, or determination made by the Administrator in the enforcement of this ordinance.
(b) 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) Hear and decide specific variances.
(2) Procedures.
(a) The Board of Adjustment shall adopt rules for its governance and procedure in harmony with the provisions of this ordinance. 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 ordinance.
(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 ordinance.
(N) Appeals.
(1) Any person aggrieved, or any taxpayer affected by any decision of the Zoning Administrator made in his administration of this ordinance 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 ordinance 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 administration of this ordinance 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.
(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 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, by agent, or by attorney.
(5) The Board of Adjustment may, in conformity with the provisions of this ordinance, 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.
(O) Judicial review.
(1) 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, believes that a decision of the Board of Adjustment is illegal may appeal in accordance with M.S. Chapter 14; or
(2) 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 Waseca 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 ordinance before availing himself or herself of the right to petition a court as provided by this ordinance.
(P) 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 section or who, having been granted a permit or variance under the provisions of this ordinance, 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 ordinance through such proceedings for injunctive relief and other relief as may be proper under the laws of M.S. § 360.073 and other applicable law.
(Q) Conflicts. 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 the height of structures or trees, the use of land, or any other matter, the more stringent limitation or regulation shall govern and prevail.
(R) Severability.
(1) In any case in which the provision of this ordinance, 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 ordinance as to other structures and parcels of land, and to this end the provisions of this ordinance are declared to be severable.
(2) Should any section or provision of this ordinance be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the ordinance as a whole or any part thereof other than the parts so declared to be unconstitutional or invalid.
Table 6.9 Properties Impacted by Airport Overlay District
| ||
This ordinance affects all or a portion of the following sections of land:
| ||
Type of Airport Zoning
| ||
Name and Number of Township
|
Airspace Obstruction Zoning: Section IV of Ordinance; Page(s) B1 of Zoning Map
|
Land Use Safety Zoning: Section V of Ordinance; Page(s) B2, B3 & B4 of Zoning Map
|
Table 6.9 Properties Impacted by Airport Overlay District
| ||
This ordinance affects all or a portion of the following sections of land:
| ||
Type of Airport Zoning
| ||
Name and Number of Township
|
Airspace Obstruction Zoning: Section IV of Ordinance; Page(s) B1 of Zoning Map
|
Land Use Safety Zoning: Section V of Ordinance; Page(s) B2, B3 & B4 of Zoning Map
|
City of Waseca | Sections | Sections |
T107N, R22W | 6, 7, 8, 17, 18, 19, 20 | 7, 18, 19 |
T107N, R23W | 12, 13 | 12, 13 |
St. Mary Township T107N, R23W | 1, 2, 3, 4, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 21, 22, 23, 24, 25, 26, 27, 28, 34, 35, 36 | 1, 2, 3, 9, 10, 11, 12, 13, 14, 15, 16, 21, 22, 23, 24, 25, 26, 27 |
Woodville Township T107N, R22W | 6, 7, 8, 17, 18, 19, 20, 29, 30, 31 | 7, 18, 19, 30 |
Iosco Township T108N, R23W | 34, 35, 36 | None |
Blooming Grove Township T108N, R22W | 31 | None |
(Ord. 97, passed 7-21-2009; Ord. 144, passed 11-17-2020)