Breckenridge City Zoning Code

Primary surface. No structure or tree shall exceed the elevation of this zone, which shall be 500 feet wide and centered longitudinally on the runway beginning at Runway Station 13/00 and ending at Runway Station 67/00. The elevation of any point on the primary surface shall be the same as the elevation of the nearest point on the runway center line.

Horizontal surface. No structure or tree shall exceed the elevation of 1,067 within the area defined by swinging 5,000 foot arcs from the runway center line, outward at Runway Station 13/00 and at Runway Station 67/00 and connecting the adjacent.

Conical surface. No structure or tree shall exceed the elevations determined by a plus 20:1 glide ratio beginning at elevation 1,067 at the outward limits of the horizontal surface, then extending outward and upward to 4,000 feet horizontally at elevation 1,267.

Transitional zones. No structure or tree shall exceed the elevation defined by the following transitional zone surfaces, which surfaces shall extend outward and upward at right angles to the runway center line and the runway center line extended at a slope of 7:1 from the elevation of the sides of the primary surface to elevation 1,067 on the outer edge of the horizontal surface, and from the elevation of the sides of the instrument approach surface and conical surface to elevation 2,234.

Instrument approach zone. No structure or tree shall exceed, within this zone, the elevations of this zone defined as follows:

Safety zones. In order to carry out the purpose of this chapter, there are hereby created and established the following safety zones:

Use restrictions. Subject at all times to the height restrictions set forth in Subsection A hereinabove, no use shall be made of any land in any of the safety zones defined in Subsection A 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, 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.

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 chapter, may apply to the Board of Adjustments and Appeals for a variance from these regulations.

No variance shall be granted without a hearing before the Board of Adjustments and Appeals, and the Breckenridge-Wahpeton Interstate Airport Authority shall be given at least two weeks' notice of such hearing.

Such variances shall be allowed where it is duly found that a literal application or enforcement of the regulations contained in this chapter would result in practical difficulty or unnecessary hardship and the relief granted would not be contrary to the public interest but will be substantial justice and be in accordance with the spirit of this chapter.

Any permit or variance granted, if such action is deemed advisable to effectuate the purpose of this chapter and be reasonable in the circumstances, may be so conditioned as to require the owner of the structure or tree in question to permit the Breckenridge-Wahpeton Interstate Airport Authority to install, operate and maintain thereon such markers and lights as may be necessary to indicate to flyers the presence of an airport hazard.