Breckenridge City Zoning Code
ARTICLE XVI
Airport Zoning
§ 190-73 Definitions.
As used in this article, the following terms shall have the meanings indicated:
Breckenridge-Wahpeton Interstate Airport located in Richland County, North Dakota, in the vicinity of Wahpeton, North Dakota, and the City of Breckenridge, Minnesota.
Any structure, 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.
The point established as the approximate geographic center of the airport landing area and so designated on the Airport Zoning Map.
For the purpose of determining the height limits in all zones set forth in this chapter and shown on the Zoning Map, the datum shall be mean sea level elevation unless otherwise specified.
Any preexisting structure, tree, natural growth or use of land which is inconsistent with the provisions of this chapter or any amendment thereto.
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.
The surface of an airport landing strip.
An object constructed or installed by man, including, but without limitation, buildings, towers, smokestacks and overhead transmission lines.
Any object of natural growth.
§ 190-74 Airport Zoning Map.
In order to carry out the provisions of this chapter, there are hereby established and created certain surfaces and zones consisting of a primary surface, a horizontal surface, a conical surface, transitional zones and instrument approach zones. Such surfaces and zones are shown on a certain Airport Zoning Map entitled "Breckenridge-Wahpeton Interstate Airport Authority Airport Zoning Map" consisting of two pages, dated February 26, 1973, and prepared by Russell E. Kastelle, a registered land surveyor in the State of North Dakota, which said map is attached to this chapter and made a part hereof and incorporated herein.[1]
[1]
Editor's Note: The Airport Zoning Map is on file in the office of the City Administrator or his/her designee.
§ 190-75 Height limitations.
Except as provided in this chapter, no structure or tree shall be erected, altered, allowed to grow or maintained on any surface or zone shown on said Airport Zoning Map in excess of the following:
A.
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.
B.
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.
C.
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.
D.
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.
E.
Instrument approach zone. No structure or tree shall exceed, within this zone, the elevations of this zone defined as follows:
(1)
The northwest zone shall have a width of 1,000 feet and an elevation of 967 feet at Runway Station 13/00, widening therefrom uniformly to a width of 4,000 feet and rising therefrom on a slope of 50:1 to an elevation of 1,178 feet at Runway Station (92/60) from which it shall widen to a width of 16,000 feet and rise on a slope of 40:1 to elevation 2,234 feet at Runway Station (515/00) and shall be centered to the extension of the runway center line.
(2)
The southeast zone shall have a width of 1,000 feet and an elevation of 967 feet at Runway Station 67/00 widening therefrom uniformly to a width of 4,000 feet and rising therefrom on a slope of 50:1 to an elevation of 1,178 feet at Runway Station 172/60 from which it shall widen to a width of 16,000 feet and rise on a slope of 40:1 to an elevation of 2,234 feet at Runway Station 595/00 and shall be centered on the extension of the runway center line.
§ 190-76 More restrictive height limitations to apply.
Where an area is covered by more than one height limitation, the more restrictive limitations shall prevail.
§ 190-77 Land use safety zoning.
A.
Safety zones. In order to carry out the purpose of this chapter, there are hereby created and established the following safety zones:
(1)
Zone A: all that land in the approach zones of a runway which is located within a horizontal distance of 3,400 feet from each end of the primary surface.
(2)
Zone B: all that land in the approach zones of a runway which is located within a horizontal distance of 1,700 feet from each end of the primary surface and which is not included in Zone A.
(3)
Zone C: all that land which is enclosed within the perimeter of the horizontal surface and which is not included in Zone A or Zone B.
B.
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.
§ 190-78 Nonconforming uses.
The regulations prescribed by this chapter shall not be construed to require the removal, lowering or other changes or alterations of any structure or tree not conforming to the regulation as of the effective date of this chapter, 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 chapter and is diligently prosecuted.
§ 190-79 Marking and lighting.
Notwithstanding the provisions of § 190-78, 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 Breckenridge-Wahpeton Interstate Airport Authority 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 Breckenridge-Wahpeton Interstate Airport Authority.
§ 190-80 Permits.
No material change shall be made in the use of land and no structure or tree shall be erected, altered, planted or otherwise established on any surface or in any of the zones shown on said Airport Zoning Map unless a permit therefor shall have been applied for and granted. Each application for a permit shall indicate the purpose for which the permit is desired, with sufficient particularity to permit it to be determined whether the resulting use, structure or tree would conform to the regulations herein prescribed.
§ 190-81 Enlargement, cessation or destruction of nonconforming uses.
No nonconforming use shall be enlarged or increased or extended to occupy a greater area of land than was occupied as of the effective date of the adoption of this chapter. If any such nonconforming use ceases for any reason for a period of more than 30 days, any subsequent use of such land shall conform to the regulations specified by this chapter. Should any tree or structure be destroyed by any means to an extent of more than 51% of its replacement cost at the time of destruction, it shall not be reconstructed except in conformity with the provisions of this chapter.
§ 190-82 Variances.
A.
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.
B.
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.
C.
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.
D.
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.