This Chapter shall be known as MONTEVIDEO/CHIPPEWA COUNTY AIRPORT ZONING ORDINANCE. Those sections of land affected by this Chapter are indicated in Exhibit A on file in the office of the City Clerk. (1998 Code)

The Montevideo/Chippewa County Joint Airport Zoning Board, created and established by joint action of the Common Council of the City, the Board of County Commissioners of Chippewa County and the Town Boards of Sparta and Rosewood Townships pursuant to the provisions and authority of Minnesota Statutes section 360.063, hereby finds and declares that;

   A.   Effect Of Hazards: An airport hazard endangers the lives and property of users of the Montevideo/Chippewa County 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 Montevideo/Chippewa County Airport and the public investment therein.

   B.   Creation Of Hazards A Nuisance: The creation or establishment of an airport hazard is a public nuisance and an injury to the region served by the Montevideo/Chippewa County Airport.

   C.   Necessary Prohibition: 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.

   D.   Prevention: The prevention of these airport hazards should be accomplished, to the extent legally possible, by the exercise of the police power without compensation.

   E.   Public Funds To Abate: The prevention of the creation or establishment of airport hazards and the elimination, removal, alteration, mitigation, marking or lighting of existing airport hazards are public purposes for which political subdivisions may raise and expend public funds. (1998 Code)

As used in this Chapter, unless the context otherwise requires:

AIRPORT: The Montevideo/Chippewa County Airport located in section 5, township 117 north, range 40 west.

AIRPORT ELEVATION: The established elevation of the highest point on the usable landing area which elevation is established to be one thousand thirty four and five-tenths feet (1034.5') 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.

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 (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 in subsection 11-11-5B5, Exemptions - Established Residential Neighborhoods. 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 one mile of any point on a runway be equal to or greater than one dwelling unit per acre;

   F.   Population density near the airport compared with population density to 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 factors listed in subsections H and I above tend to make the community surrounding the airport a self- sufficient unit;

   K.   Whether the areas within one 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 Chapter 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.

NONCONFORMING USE: Any preexisting structure, tree, natural growth, or use of land which is inconsistent with the provisions of this Chapter 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 associations, or body politic, and includes a trustee, receiver, assignee, administrator, executory, guardian, or other representative.

PLANNED: Refers only to those proposed future airport developments that are so indicated on a planning document having the approval of the Federal Aviation Administration, the Department of Transportation, Division of Aeronautics and the City of Montevideo and County of Chippewa.

RUNWAY: Any existing or planned paved surface or turf covered area of the airport which is specifically designated and use or planned to be used for the landing and/or taking off of aircraft.

SLOPE: An incline from the horizontal expressed in an arithmetical 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 purpose of determining height limits as set forth in this Chapter shall be increased in height by seventeen feet (17') for interstate highways; fifteen feet (15') for all other public roadways; ten feet (10') or the height of the highest mobile object that would normally traverse the road, whichever is greater, for private roads; twenty three feet (23') 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 twelve thousand five hundred (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: Shall have the same meaning as land for the establishment of protected zones. (1998 Code)

   A.   Airspace Zones: In order to carry out the purpose of this Chapter, as set forth above, the following airspace zones are hereby established: Primary Zone, Horizontal Zone, Conical Zone, Approach Zone, and Transitional Zone and whose locations and dimensions are as follows:

      1.   Primary Zone:

         a.    All that land which lies directly under an imaginary primary surface longitudinally centered on a runway and:

            (1)   Extending 200 feet beyond each end of Runways 14-32 and 06-24.

            (2)   Coinciding with each end of Runway 03-21.

         b.   The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway center line. The width of the primary surface is:

            (1)   500 feet for Runways 14-32 and 6-24.

            (2)   250 feet for Runway 03-21.

      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 1184.5 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 Runways 14-32, 06-24 and 03-21.

      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 to 1 for a horizontal distance of 4,000 feet as measured radially outward from the periphery of the horizontal surface.

      4.   Approach Zone:

         a.   All that land which lies directly under an imaginary approach surface longitudinally centered on the extended center line 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)   40:1 for Runways 14-32 and 06-24.

            (2)   20:1 for Runway 03-21.

         b.   The approach surface expands uniformly to a width of:

            (1)   3,500 feet for Runway 14-32 at a distance of 10,000 feet to the periphery of the conical surface.

            (2)   3,500 feet for Runway 06-24 at a distance of 10,000 feet to the periphery of the conical surface.

            (3)   2,250 feet for Runway 03-21 at a distance of 10,000 feet to the periphery of the conical surface.

      5.   Transitional Zone: All that land which lies directly under an imaginary surface extending upward and outward at right angles to the runway center line and center line extended at a slope of 7 to 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.

   B.   Height Restrictions: Except as otherwise provided in this Chapter, and except as necessary and incidental to airport operations, no structure or tree shall be constructed, altered, maintained or allowed to grow in an airspace zone created in subsection A of this Section so as to project above any of the imaginary airspace surfaces described in said subsection A hereof. Where an area is covered by more than one height limitation, the more restrictive limitations shall prevail.

   C.   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 (11/2) 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 two (2) miles from the airport boundary. (1998 Code)

   A.   Safety Zone Boundaries: In order to carry out the purpose of this Chapter, 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 Montevideo/Chippewa County 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:

      1.   Safety Zone A: All land in that portion of the approach zones of a "runway", as defined in subsection 11-11-4A of this Chapter, which extends outward from the end of primary surface a distance equal to two-thirds (2/3) of the planned length of the runway, which distance shall be:

         a.   2,670 feet for Runway 14-32.

         b.   2,400 feet for Runway 06-24

         c.   1,667 feet for Runway 03-21.

      2.   Safety Zone B: All land in that portion of the approach zones of a "runway" as defined in subsection 11-11-4A of this Chapter, which extends outward from Safety Zone A a distance equal to one- third (1/3) of the planned length of the runway, which distance shall be:

         a.   1,330 feet for Runway 14-32.

         b.   1,200 feet for Runway 06-24.

         c.   833 feet for Runway 3-21.

      3.   Safety Zone C: All that land which is enclosed within the perimeter of the "horizontal zone", as defined in subsection 11-11-4A of this Chapter, and which is not included in Zone A or Zone B.

      4.   Exceptions - Established Residential Neighborhoods: The following described lands are designated as established residential neighborhoods in build-up 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 subsection B2 and B3 below, and are subject to the provisions of subsection B5 below.

         a.   Runway 03-21, 03 Approach.

Wolfe's First Subdivision

Sublot 9

Sublot 10

Sublot 11

Sublot 12

Sublot 13

Sublot 14

Sublot 15

Sublot 16

Sublot 17

Wolfe's Second Subdivision

Lot 8, Block 2

Lot 9, Block 2

Lot 10, Block 2

Lot 11, Block 2

Lot 8, Block 3

Lot 9, Block 3

Lot 10, Block 3

Lot 11, Block 3

Anderson's Northside Addition

Lot 6, Block 1

Lot 7, Block 1

Lot 8, Block 1

Lot 9, Block 1

Lot 10, Block 1

Lot 11, Block 1

Lot 12, Block 1

Water's First Addition

Lot 1, Block 1

Lot 2, Block 1

Lot 4, Block 1

Lot 5, Block 1

Lot 6, Block 1

Albrecht's First Addition

Lot 1, block 1

Lot 2, Block 1

Lot 3, Block 1

Lot 4, Block 1

Lot 5, Block 1

Odd Fellows Second Addition

Lot 18, Block 108

Odd Fellows Sublots

Sublot 6

Tome's Subdivision

Lot 1, Block 1

Lot 2, Block 1

Unplatted

N'ly 398' of E'ly 400'

of SE1/4 of the SE1/4 of

Section 6, T 117 N,

Range 40 W.

   B.   Use Restrictions:

      1.   General: Subject at all times to the height restrictions set forth in subsection 11-11-4B of this Chapter, 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 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.

      2.   Zone A: Subject at all times to the height restrictions set forth in subsection 11-11-4B of this Chapter and to the general restrictions contained in subsection B1 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 (nonspectator), cemeteries, and auto parking.

      3.   Zone B: Subject at all times to the height restrictions set forth in subsection 11-11-4B of this Chapter, and to the general restrictions contained in subsection B1 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 (3) acres.

         b.   Each use shall not create, attract, or bring together a site population that would exceed fifteen (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 noncontrived area, whose shape is uncomplicated and whose area shall not exceed the following minimum ratios with respect to the total site area:

 

         e.   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.

      4.   Zone C: Zone C is subject only to height restrictions set forth in subsection 11-11-4B of this Chapter, and to the general restrictions contained in subsection B1 of this Section.

      5.   Exemptions - Established Residential Neighborhoods:

         a.   Land uses which existed as of July 2, 1979 in the established residential neighborhoods set forth in subsection A4 above, and as shown on the Zoning Map are subject to the height restrictions of subsection 11-11-4B of this Chapter and the general restrictions of subsection B1 of this Section. 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.

         b.   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:

            (1)   The following land uses if they exist in Safety Zones A or B and in an established residential neighborhood in a built-up urban area are considered by the State Commissioner to constitute airport safety hazards so severe, either to persons on the ground or to the air-traveling public, or both, that they are hereby prohibited:

               (A)    Any structure which a person or persons customarily use as a principal residence and which is located entirely inside Safety Zone A within one thousand feet (1,000') of the end of the primary zone;

               (B)    Any structure which a person or persons customarily use as a principal residence and which is located entirely within Safety Zones A or B and which penetrates an imaginary approach surface as defined by subsection 11-11-4A of this Chapter;

               (C)    Any land use in Safety Zone A or B which violates any of the following standards:

                  (i)    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;

                  (ii)    The land use must not make it difficult for pilots to distinguish between airport lights and other lights;

                  (iii)    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;

               (D)    Any isolated residential building lot zoned for single-family or two-family residences on which any structure, if built, would be prohibited by subsection B5b(1)(A), above. An "isolated" residential building lot is one located in an area in which the predominant land use is single-family or two-family residential structures; and

               (E)    Any other land use which presents, in the opinion of the State 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 State Commissioner shall consider the following factors:

                  (i)    Possibility that the land use may contribute to or cause a collision of two (2) or more aircraft or an aircraft and some other object;

                  (ii)    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;

                  (iii)    Tendency of the land use to increase the number of persons that would be injured in case of an aircraft accident;

                  (iv)    Effect of the land use on availability of clear areas for emergency landings; and

                  (v)    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.

   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 (2) miles from the airport boundary. (1998 Code)

The several zones herein established are shown on the Montevideo/Chippewa County Airport Zoning Map consisting of four (4) sheets, prepared by Thomas N. Rodeberg, and dated April 15, 1983, on file in the office of the City Clerk 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. (1998 Code)

The regulations prescribed by this Chapter 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 codified in this Chapter, and Title 2, Chapter 3 of this Code, 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 codified in this Chapter and Title 2, Chapter 3 of this Code, and is diligently prosecuted and completed within two (2) years thereof. (1998 Code)

   A.   Future Uses:

      1.   Except as specifically provided in subsection A2 and A3 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 Airport 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 seventy five feet (75') 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 four thousand two hundred feet (4,200') 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 or any structure or tree in excess of any of the height limitations established by this Chapter as set forth in Section 11-11-4 of this Chapter and the land use limitations set forth in Section 11-11-5 of this Chapter.

   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 nonconforming use, structure, or tree to become a greater hazard to air navigation than it was on the effective date of the Ordinance codified in this Chapter 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: Whenever the Airport Zoning Administrator determines that a nonconforming structure or tree has been abandoned or more than eighty percent (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 subsection or not, the Airport Zoning Administrator may order the owner of the abandoned or partially destroyed nonconforming structure, at such owner's own expense, to lower, remove, reconstruct, or equip the same in the manner necessary to conform to the provisions of this Chapter. In the event the owner of the nonconforming structure shall neglect or refuse to comply with such order for ten (10) days after receipt of written notice of such order, the Airport Zoning Administrator may, by appropriate legal action, proceed to have the 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 ninety (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 (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. (1998 Code)

Any person desiring to erect or increase the height of any structure, or permit the growth of any tree, or use such person's property not in accordance with the regulations prescribed in this Chapter, may apply to the Airport Board of Adjustment, as provided for in Title 2, Chapter 3 of this Code, 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 (4) 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 State Commissioner 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 Commissioner. The variance shall be effective sixty (60) days after this notice is received by the Commissioner subject to any action taken by the Commissioner pursuant to Minnesota Statutes section 360.063, subdivision 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 Chapter, provided any variance so allowed may be subject to any reasonable conditions that the Board of Adjustment or State Commissioner may deem necessary to effectuate the purpose of this Chapter. (1998 Code)

   A.   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 Airport 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 and County.

   B.   Permits And Variances: Any permit or variance granted by the Airport Zoning Administrator or Airport Board of Adjustment as the case may be, may, if such action is deemed advisable to effectuate the purpose of this Chapter and be reasonable in the circumstances, so condition such permit or variance as to require the owner of the structure or tree in question at such person's 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. (1998 Code)

   A.   It shall be the duty of the Montevideo City Manager to administer and enforce the regulations prescribed herein. Applications for permits and variances shall be made to the Airport Zoning Administrator upon a form furnished by the Zoning Administrator. Permit applications shall be promptly considered and granted or denied by the Zoning Administrator in accordance with the regulations prescribed herein. The Zoning Administrator shall promptly notify the applicant whether the permit application has been granted or denied.

   B.   Variance applications shall be forthwith transmitted by the Zoning Administrator for action by the Airport Board of Adjustment provided for in Title 2, Chapter 2 of this Code. (1998 Code)

   A.   Any person aggrieved, or any taxpayer affected by any decision of the Airport Zoning Administrator made in the administration of this Chapter may appeal to the Airport 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.

   B.   All appeals hereunder must be commenced within thirty (30) days of the Airport 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 Airport 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 the administration of this Chapter 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 Minnesota Statute section 360.068, subdivision 2.

   C.   An appeal shall stay all proceedings in furtherance of the action appealed from, unless the Airport Zoning Administrator certifies to the Airport 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 the Zoning Administrator's 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.

   D.   The Airport 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. The Board of Adjustment shall promptly notify the appellant of its decision on any appeal.

   E.   The Airport Board of Adjustment may, in conformity with the provisions of this Chapter and Title 2, Chapter 3, 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 Airport Zoning Administrator. (1998 Code)

Any person aggrieved, or any taxpayer affected by any decision of the Airport 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 Chippewa 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 thirty (30) days after the decision is filed in the office of the Board of Adjustment. The petitioner must exhaust the remedies provided in this Chapter before availing himself of the right to petition the Court as provided by this Section. (1998 Code)

Where there exists a conflict between any of the regulations or limitations prescribed in this Chapter and Title 2, Chapter 3 of this Code 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. (1998 Code)

   A.   In any case in which the provisions of this Chapter and Title 2, Chapter 3 of this Code, although generally reasonable, are 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 Chapter and Title 2 Chapter 3 of this Code as to other structures and parcels of land, and to this end the provisions of this Chapter and Title 2 Chapter 3 of this Code are declared to be severable.

   B.   Should any section or provision of this Chapter and Title 2 Chapter 3 of this Code be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of this Chapter and Title 2, Chapter 3 of this Code as a whole or any part thereof other than the parts so declared to be unconstitutional or invalid. (1998 Code)

This Chapter and Title 2, Chapter 3 of this Code shall take effect on April 2, 1984. Copies thereof shall be filed with the Commissioner of Transportation, Division of Aeronautics, State of Minnesota and the County Recorder, Chippewa County, Minnesota. (1998 Code)

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 the Ordinance codified in this Chapter and Title 2, Chapter 3 of this Code, or who, having been granted a permit or variance under the provisions of the Ordinance codified in this Chapter and Title 2, Chapter 3 of this Code, 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 subject to penalty as provided in Section 1-4-1 of this Code. Each day a violation continues to exist shall constitute a separate offense. The Airport Zoning Administrator may enforce all provisions of this Chapter through such proceedings for injunctive relief and other relief as may be proper under the laws of Minnesota Statute section 360.073 and other applicable law. (1998 Code)