(a)

Statutory authorization and purpose.

(1)

Purpose. This is a section regulating and restricting the height of structures and objects of natural growth, and otherwise regulating the use of property, in the vicinity of the crystal airport by creating the appropriate overlay zones and establishing the boundaries thereof, referring to the crystal airport zoning map, providing for enforcement, establishing a board of adjustment, and imposing penalties.

(2)

Statutory authorization. Minn. Stat. §§ 360.061—360.074 delegates authority to local governmental units to adopt regulations regarding airport zoning. The crystal airport joint airport zoning board, created and established by joint action of the metropolitan airports commission and the Cities of Crystal, Brooklyn Park, Brooklyn Center, Minneapolis, New Hope, and Robbinsdale, pursuant to the provisions and authority of Minn. Stat. § 360.063, issued the following findings which are hereby adopted by reference:

a.

An Airport Hazard endangers the lives and property of users of the airport and property or occupants of land in its vicinity, and also may reduce 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.

b.

The creation or establishing of an airport hazard is a public nuisance and an injury to the region served by the airport.

c.

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 establishing of airport hazards.

d.

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

e.

The elimination or removal of existing land uses or their designation as nonconforming uses is not in the public interest and should be avoided whenever possible, consistent with reasonable standards of safety.

f.

In addition, the social and economic costs of disrupting land uses around the airport often outweigh the benefits of a reduction in airport hazards, requiring a balance between the social and economic costs to surrounding communities and the benefits of regulation.

g.

Preventing the creation or establishing of airport hazards and eliminating, removing, altering, mitigating, or marking and lighting of existing airport hazards are public purposes for which political subdivisions may raise and expend public funds, levy assessments against land, and acquire land and property interests therein.

(b)

Adoption of Crystal Airport Zoning Ordinance by Reference. The Crystal Airport Zoning Ordinance adopted by the City of Crystal on November 8, 2023, and published in the Crystal City Code as Appendix 1 is hereby adopted by reference and shall be administered and enforced as the Crystal Airport Overlay District of the City. The Crystal Airport Overlay District shall be governed by the Crystal Airport Zoning Ordinance and each and all of the definitions, regulations, provisions, penalties, conditions and terms of such Ordinance are referred to, adopted and made a part of this section as if fully set out in this section. The specific regulations in this Crystal Airport Overlay District are in addition to, rather than in lieu of, regulations imposed by any other zoning classifications for the same land.

(c)

Adopted ordinance on file. A copy of the crystal airport zoning ordinance marked as the official copy is filed for use and examination by the public in the office of the city clerk as provided by Minn. Stat. § 471.62, as well as with the metropolitan airports commission.

(Ord. No. 24-02, § 1, 5-28-2024)