Airport development and operation as well as applicable surrounding and adjacent development and use shall be regulated subject to M.S.A. ch. 360.

(Code 1985, § 11.27)

The Buffalo Municipal Airport Joint Airport Zoning Board, created and established by joint action of the city council and the county board of commissioners, pursuant to the provisions and authority of M.S.A. § 360.063, finds and declares that:

(1)

An airport hazard endangers the lives and property of users of the Buffalo 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 the 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 Buffalo 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 marking and lighting of existing airport hazards are public purposes for which political subdivisions may raise and expend public funds.

(6)

The Buffalo Municipal Airport is an essential public facility that serves an important public transportation role and provides a public good.

(Ord. of 10-5-2010, § I)

(a)

Air space zones. In order to carry out the purpose of this article, as set forth in section 50-594, the following air space zones are established: primary zone, horizontal zone, conical zone, approach zone, precision instrument approach zone, and transitional zone. The locations and dimensions of such zones are as follows:

(1)

Primary zone. 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 18-36. 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 18-36.

(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 1,118 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 5,000 feet for runway 18-36.

(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 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 18-36. The approach surface expands uniformly to a width of 3,500 feet for runway 18-36 at a distance of 10,000 feet.

(5)

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 article, 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 subsection (a) of this section, so as to project above any of the imaginary air space surfaces described in subsection (a) of this section. 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 1½ 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.

(Ord. of 10-5-2010, § IV)

(a)

Safety zone boundaries. In order to carry out the purpose of this article, as set forth in section 50-594, to restrict those uses which may be hazardous to the operational safety of aircraft operating to and from the Buffalo 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, the following land use safety zones are created and established:

(1)

Safety zone A. All land in that portion of the approach zones of a runway, as defined in section 50-595(a)(4), 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 2,134 feet for runway 18-36.

(2)

Safety zone B. All land in that portion of the approach zones of a runway, as defined in section 50-595(a)(4), which extends outward from safety zone A distance equal to one- third of the planned length of the runway, which distance shall be 1,066 feet for runway 18-36.

(3)

Safety zone C. All land which is enclosed within the perimeter of the horizontal zone, as defined in section 50-595(a)(2), 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 January 1, 1978.

(b)

Use restrictions.

(1)

General. Subject at all times to the height restrictions set forth in section 50-595(b), no use shall be made of any land in any of the safety zones defined in subsection (a) of this section 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 section 50-595(b) and to the general restrictions contained in subsection (b)(1) of this section, 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 (non-spectator), cemeteries, and automobile parking.

(3)

Zone B. Subject at all times to the height restrictions set forth in section 50-595(b), and to the general restrictions contained in subsection (b)(1) of this section, 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:

Minimum Ratios For Building Plat

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 section 50-595(b), and to the general restrictions contained in subsection (b)(1) of this section.

(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 January 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 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 article, the zoning administrator may require a survey that shows the elevation of a proposed structure will conform to the air space requirements of this article.

(Ord. of 10-5-2010, § V)

The several zones herein established are shown in Exhibit 1 - Land Use Safety Zones Map, Exhibit 2 - Known Variance and Non-Conformity Locations, Exhibit 2.1 - Known Vegetation Non-Conformity Locations with 1974 Ordinance, Exhibit 3 - Air Space Map, Exhibit 3.1 — Runway 36 Approach Restrictions, and Exhibit 3.2 — Runway 18 Approach Restrictions and have been prepared by Bolton and Menk, Inc., and dated October 5, 2010. The exhibits, on file in the office of the city clerk, are 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 adopted as part of this article.

(Ord. of 10-5-2010, § VI)

The regulations prescribed by this article shall not be construed to require the removal, lowering or other changes or alteration of any existing structure or tree which are in conformity with the 1974 airport zoning ordinance, but which do not conform to the regulations in this article, or otherwise interfere with the continuance of any preexisting legal nonconforming use. The regulations prescribed by this article 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 the ordinance from which this article is derived, 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 the ordinance from which this article is derived and is diligently prosecuted and completed within two years thereof.

(Ord. of 10-5-2010, § VII)

(a)

Future uses.

(1)

Except as specifically provided in subsections (a)(2) and (3) of this section, no material change shall be made in the use of land and no structure shall be erected, altered, or otherwise established in any zone 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.

(2)

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 the height or land use limit prescribed for the respective zone.

(3)

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 article as set forth in section 50-595 and the land use limitations set forth in section 50-596.

(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 such replacement, change, or repair. No permit shall be granted that would allow the establishment or creation of an airport hazard or permit a preexisting legal nonconforming use, structure, or tree to become a greater hazard to air navigation than it was on the effective date of the article from which this section is derived 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)

Nonconforming uses abandoned or destroyed.

(1)

Whenever the zoning administrator determines that a nonconforming structure or tree has been abandoned or more than 80 percent 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 subsection or not, the zoning administrator may order the owner of the abandoned or partially destroyed nonconforming structure, at his own expense, to lower, remove, reconstruct, or equip the same in the manner necessary to conform to the provisions of this article. 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.

(2)

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 eight percent 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.

(d)

Abatement of existing uses not in compliance with 1974 airport zoning ordinance. Uses, structures or trees in existence upon the passage of this article, which were subject to the 1974 airport zoning ordinance which have fallen into noncompliance with the requirements of the 1974 airport zoning ordinance, shall remain subject to, shall be brought into compliance with and shall be kept in compliance with the 1974 airport zoning ordinance requirements, unless the requirements of this article are otherwise less restrictive. Such uses, structures and trees shall not be considered preexisting legal nonconformities because of the nonconformity did not precede the 1974 airport zoning ordinance. The zoning administrator may use the procedures outlined in subsection (c) of this section to bring such properties into conformity.

(Ord. of 10-5-2010, § VII)

(a)

Any person desiring to erect or increase the height of any structure, permit the growth of any tree, or use his property not in accordance with the regulations prescribed in this article may apply to the board of adjustment and appeals, hereinafter provided for, for a variance from such regulations.

(b)

If the board of adjustment and appeals fails to grant or deny the variance within the timeframe established within M.S.A. § 15.99, the variance shall be deemed to be granted by the board. When the variance is granted by reason of the failure of the board of adjustment and appeals to act on the variance, the person receiving the variance shall notify the zoning administrator and the state department of transportation, 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 state department of transportation.

(c)

The variance shall be effective 60 days after this notice is received by the zoning administrator and state department of transportation subject to any action taken by the state department of transportation pursuant to state law M.S.A. § 360.063.

(d)

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 article, provided any variance so allowed may be subject to any reasonable conditions that the board or state department of transportation may deem necessary to effectuate the purpose of this article.

(e)

The zoning administrator shall forward the request to the state department of transportation office of aeronautics for review and comment prior to consideration of the request by the board of adjustment and appeals. If the request is located within county's jurisdiction, the request shall also be sent to the city's zoning administrator.

(Ord. of 10-5-2010, § IX)

(a)

Nonconforming uses. The owner of any nonconforming structure or tree is 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 Buffalo Municipal Airport.

(b)

Permits and variances. Any permit or variance deemed advisable to effectuate the purpose of this article 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 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.

(Ord. of 10-5-2010, § X)

It shall be the duty of the city and county zoning administrators to administer and enforce the regulations prescribed herein, based on the area they have land use authority. Applications for permits, variances, and appeals 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.A. § 15.99. Variance applications shall be forthwith transmitted by the appropriate jurisdiction's zoning administrator to the board of adjustment and appeals for action as hereinafter provided for.

(Ord. of 10-5-2010, § XI)

(a)

A request for a variance or an appeal to the zoning administrator's ruling shall be filed with the zoning administrator. The zoning administrator shall forward the request to the state department of transportation office of aeronautics for review and comment prior to consideration of the request by the board of adjustment and appeals. The county zoning administrator shall also forward the request to the city zoning administrator for review and comment prior to consideration of the request by the board of adjustment and appeals.

(b)

Rules governing the board of adjustment and appeals shall be consistent with those established by the body serving as the board of adjustment and appeals and the provisions of this article. Meetings of the board of adjustment and appeals shall be held at the call of the zoning administrator or chairperson and at such other times as the board of adjustment and appeals may determine. The chairperson, or in his absence the acting chairperson, may administer oaths and compel the attendance of witnesses. All hearings of the board of adjustment and appeals shall be public. The board of adjustment and appeals 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 respective zoning administrator, city zoning administrator (if variance or appeal is within the unincorporated area), and county recorder's office and shall be a public record.

(c)

The board of adjustment and appeals shall make written findings of facts and conclusions of law (e.g., minutes or resolution/order) 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 article.

(d)

The concurring vote of a majority of the members of the board of adjustment and appeals 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 article, or to affect any variation in this article.

(Ord. of 10-5-2010, § XII(C))

(a)

Any person aggrieved, or any taxpayer affected by any decision of the zoning administrator made in his administration of this article, may appeal to the board of adjustment and appeals. 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 article as it concerns such 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 administration of this article who desires to appeal such decision, shall submit an application for a variance to the zoning administrator in the manner set forth in M.S.A. § 360.068(2).

(c)

An appeal shall stay all proceedings in furtherance of the action appealed from, unless the zoning administrator certifies to the board of adjustment and appeals 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 and appeals on notice to the zoning administrator and on due cause shown.

(d)

The board of adjustment and appeals 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 and appeals may, in conformity with the provisions of this article, 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.

(Ord. of 10-5-2010, § XIII)

Any person aggrieved, or any taxpayer affected by any decision of the board of adjustment and appeals, 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 and appeals is illegal, may present to the county district court 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 and appeals. The petitioner must exhaust the remedies provided in this article before availing himself of the right to petition a court as provided by this section.

(Ord. of 10-5-2010, § XIV)

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 article or who, having been granted a permit or variance under the provisions of this article, 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 $1,000.00 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 article through such proceedings for injustice relief and other relief as may be proper under M.S.A. § 360.073 and other applicable law.

(Ord. of 10-5-2010, § XV)