(c)   The following uses are specifically prohibited in Zone B: churches, hospitals, schools, theatres, stadiums, hotels and motels, trailer courts, camp grounds, and other places of public or semi-public assembly.

(Prior Code, § 151.124) (Ord. 162, passed 6-5-1984)

   The several zones herein established are shown on the Hector Municipal Airport Zoning Map consisting of three sheets, prepared by D.L. Noyes and dated August, 1974, revised March, 1975, September, 1977, November, 1980, and September, 1982, attached to and made a part of Ordinance 162, 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 subchapter.

(Prior Code, § 151.125) (Ord. 162, passed 6-5-1984)

   The regulations prescribed by this subchapter 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 subchapter, or otherwise interfere with the continuance of any non-conforming 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 subchapter, and is diligently prosecuted and completed within two years thereof.

(Prior Code, § 151.126) (Ord. 162, passed 6-5-1984)

      (1)   However, a permit for a tree or structure of less than seven 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.

      (2)   Nothing contained in division (A)(1) above 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 subchapter as set forth in § 151.133 and the land use limitations set forth in § 151.134.

(Prior Code, § 151.127) (Ord. 162, passed 6-5-1984)

   (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 subchapter may apply to the Board of Adjustment, hereinafter provided for, for a variance from such regulation. 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.

   (B)   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 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 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. 6.

   (C)   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 subchapter, provided any variance so allowed may be subject to any reasonable conditions that the Board of Adjustment or Commissioner may deem necessary to effectuate the purpose of this subchapter.

(Prior Code, § 151.128) (Ord. 162, passed 6-5-1984)

(Prior Code, § 151.129) (Ord. 162, passed 6-5-1984)

   It shall be the duty of the City Administrator to administer and enforce the regulations prescribed herein. The Zoning Administrator may be any individual, official, board, or existing agency from the municipality or county adopting the zoning ordinance and shall be appointed by the Airport Zoning Board. Applications for permits and variances shall be made to the City Administrator upon a form furnished by him or her. Permit applications shall be promptly considered and granted or denied by him or her. Variance applications shall be forthwith transmitted by the City Administrator for action by the Board of Adjustment hereinafter provided for.

(Prior Code, § 151.130) (Ord. 162, passed 6-5-1984)

      (1)   To hear and decide appeals from any order, requirement, decision, or determination made by the Zoning Administrator in the enforcement of this subchapter;

      (2)   To hear and decide special exceptions to the terms of this subchapter upon which the Board of Adjustment under such regulations may be required to pass; and

      (3)   To hear and decide specific variances.

      (1)   The Board of Adjustment shall adopt rules for its governance and procedure in harmony with the provisions of this subchapter. Meeting 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 of public record.

      (2)   The Board of Adjustment shall make written findings of fact 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 subchapter.

      (3)   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 subchapter, or to effect any variation in this subchapter.

(Prior Code, § 151.131) (Ord. 162, passed 6-5-1984)

   (A)   Any person aggrieved or any taxpayer affected by any decision of the Zoning Administrator made in his or her administration of this subchapter 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 subchapter 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 ground 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 or her administration of this subchapter 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 matter set forth in M.S.§ 360.068, Subd. 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, 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 or her opinion, cause imminent peril to life or property. In such case, proceeding 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 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.

   (E)   The Board of Adjustment may, in conformity with the provisions of this subchapter, 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.

(Prior Code, § 151.132) (Ord. 162, passed 6-5-1984)

   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 County District Court a verified petition setting forth that the decision of action is illegal, in whole or in part, and specifying the grounds of 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 subchapter before availing himself or herself of the right to petition a court as provided in this section.

(Prior Code, § 151.133) (Ord. 162, passed 6-5-1984)

   Where there exists a conflict between any of the regulations or limitations prescribed in this subchapter 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.

(Prior Code, § 151.135) (Ord. 162, passed 6-5-1984)

   (A)   It shall be the duty of all architects, contractors, subcontractors, builders, and other persons having charge of the erecting, altering, changing, or remodeling of any building or structure, including tents and trailer coaches, before beginning or undertaking any such work to see that such work does not conflict with and is not a violation of the terms of this chapter. Any such architect, builder, contractor, or other person doing or performing any such work of erecting, repairing, altering, changing, or remodeling shall be deemed guilty of a violation hereof in the manner and to the same extent as the owner of the premises or the person or persons for whom such buildings are erected, repaired, altered, changed, or remodeled in violation hereof and shall be held accountable for such violation.

   (B)   Any building or structure being erected, constructed, reconstructed, altered, repaired, converted, or maintained, or any building, structure, or site hereafter erected or maintained, or land use made or permitted in violation of this chapter, is hereby declared unlawful. In the event of violation or threatened violation of this chapter or other official control adopted under applicable state law, in addition to other remedies, the City Council or any member thereof may institute appropriate actions or proceedings to prevent, restrain, correct, or abate such violation or threatened violations and it is the duty of the City Attorney to institute such actions.

(Prior Code, § 151.998) (Ord. 149, passed 3-9-1998)

   (A)   A violation of § 151.111 is a misdemeanor under state law and is subject to the penalties and provisions of § 10.99 of the city code.

(Prior Code, § 151.101)

   (B)   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 provisions of this subchapter, or who, having been granted a permit or variance under the provisions of this subchapter, 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 $500 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 subchapter 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.

(Prior Code, § 151.134)

   (C)   Any person, firm, corporation, or entity who violates any of the provisions of this chapter or any order of the Zoning Administrator issued in accordance with this chapter shall be guilty of a misdemeanor and, upon conviction, be punished as provided for in Minnesota Basic Code § 10.99 by a fine of not more than $700 and sentenced to imprisonment for a specified term not more than 90 days for each offense, or both, plus the costs of prosecution in either case. Each day that a violation is committed, or permitted to exist, shall constitute a separate offense. The imposition of any fine or sentence shall not exempt the offender from compliance with the requirements of this chapter, and the city may pursue, by appropriate actions or proceedings, any or all additional remedies.

(Prior Code, § 151.999)

(Ord. 162, passed 6-5-1984; Ord. 149, passed 3-9-1998)