Lake Elmo Airport Zoning Ordinance

Lake Elmo irport Zoning Ordinance

Adopted February 10, 2021

Adopted by the
Lake Elmo Airport Joint Airport Zoning Board

Contact Person:
Lake Elmo JointAirport Zoning Board c/o JAZB Secretary Metropolitan Airports Commission 6040 28thAvenue South Minneapolis, Minnesota 55450

 

LAKE ELMO AIRPORT ZONINGORDINANCE ADOPTEDBYTHE

 

LAKEELMOAIRPORTJOINTAIRPORTZONINGBOARD

AN ORDINANCE REGULATING AND RESTRICTING THE HEIGHT OF STRUCTURES AND OBJECTS OF NATURALGROWTH, ANDOTHERWISEREGULATINGTHE USEOFPROPERTY, IN THEVICINHYOF THE LAKE ELMO AIRPORT BY CREATING THE APPROPRIATE ZONES AND ESTABLISHING THE BOUNDARIESTHEREOF;PROVIDINGFORCHANGESIN THERESTRICTIONSANDBOUNDARIESOF SUCHZONES;DEFININGCERTAINTERMS; REFERRINGTOTHELAKEELMOAIRPORTZONINGMAP; PROVIDINGFORENFORCEMENT;ESTABLISHINGA BOARDOFADJUSTMENT;ANDIMPOSING PENALTIES.

THEREFORE, IT IS HEREBY ORDAINED BY THE LAKE ELMO AIRPORT JOINT AIRPORT ZONING BOARD PURSUANT TO THE AUTHORHY CONFERRED BY MINNESOTA STATUTES §§ 360. 061 - 360. 074, THATTHE LAKEELMOAIRPORTZONINGORDINANCEBEEFFECTIVEAS FOLLOWS:

SECTIONI. PURPOSEANDAUTHORITY
The LAKE ELMO Airport Joint Airport Zoning Board, created and established by joint action of the Metropolitan Airports Commission and the Cities of Lake Elmo and Oak Park Heights, Baytown Township, and West Lakeland Township, pursuant to the provisions and authority of Minnesota Statutes § 360. 063, hereby finds and declares that:

1. AnAirportHazardendangersthe livesandpropertyofusersoftheAirportandproperty oroccupantsoflandinitsvicinity,andalso,ifoftheobstructivetype,ineffectreduces thesizeofthe areaavailableforthe landing,takeoff,andmaneuveringofaircraft,thus tendingto destroyor impairthe utilityoftheAirportandthe publicinvestmenttherein.

2. The creation or establishment of an Airport Hazard is a public nuisance and an injury to the region served by the 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.

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4. The prevention of these Airport Hazards should be accomplished, to the extent legally possible,bytheexerciseofpolicepowerwithoutcompensation.

5. Theeliminationor removalofexistinglandusesortheirdesignationasnonconforming usesisnotinthepublicinterestandshouldbeavoidedwheneverpossible,consistent with reasonablestandardsofsafety.

F. Inaddition,thesocialandeconomiccostsofdisruptinglandusesaroundtheAirport 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. PreventingthecreationorestablishmentofAirportHazardsandeliminating,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.

SECTIONII. TITLEANDSHORTTFTLE Thisordinanceshallbeknownasthe"LakeElmoAirportZoningOrdinance."

SECTIONIII. DEFINITIONSANDRULESOFCONSTRUCTION
A. Definitions. AsusedinthisLakeElmoAirportZoningOrdinance,unlessotherwise

expressly stated, or unless the context clearly indicates a different meaning, the words andphrasesinthefollowinglistofdefinitionsshallhavethemeaningsindicated. All words and phrases not defined shall have their common meaning.

1. Airport. "Airport" means Lake Elmo Airport located in Washington County, Minnesota.

2. Airport Boundary. "Airport Boundary" means the boundary shown on Exhibit A - Air ort Bounda , attached hereto and made a part hereof.

3. AirportHazard. "AirportHazard"meansanyStructure,Tree,oruseofland

   that 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 that is hazardous to Persons or property because of its proximity to the Airport.

4. AirportZoningPermit. "AirportZoningPermit"meanszoningpermitsas required underSectionVIII.

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5. 6. 7. 8.

9. 10.

11.

12. 13. 14.

15.

16.

Airspace Surfaces. "Airspace Surfaces" means the suri'aces established in Section IV.A.
AirspaceZones. "AirspaceZones"meansthelandusezonesestablishedin Section IV.A.

Board of Adjustment. "Board of Adjustment" means the body established in Section XII.
Commissioner. "Commissioner"meanstheCommissioneroftheMinnesota Department of Transportation or, if either the position of Commissioner or the Minnesota Department of Transportation shall no longer exist or serve its present functions, such successor state official or officials or entity or entities as shall either singularly or collectively perform or serve such functions.

Effective Date. "Effective Date" means the effective date set forth in Section XVIII.

FAA. "FAA" means the Federal Aviation Administration or, if the Federal AviationAdministrationshallnolongerexistorserveitspresentfunctions,such successor federal entity or entities as shall either singularly or collectively perform or serve such functions.

FAA 7460 Obstruction Evaluation. Established FAA process for conducting aeronautical studies conducted under the provisions of Title 14 CFR, Part 77 (for proposed construction or alteration) or Federal Aviation Act of 1958 (for existing structures), or any successor to this process.

Lake Elmo Airport Zoning Map. "Lake Elmo Airport Zoning Map" means theLakeElmoAirportZoningMapasdefinedinSectionVI.C.

Lot. "Lot" means a designated parcel, tract, or area of land established by plat or subdivision, or otherwise permitted by law.
Nonconforming Structure. "Nonconforming Structure"meansanyStructure in existence in any Airspace Zone or Safety Zone but not conforming to the provisionsofthisLakeElmoAirportZoningOrdinanceontheEffectiveDate.

Nonconformlng Use. "Nonconforming Use" means any use of land in existence in any Airspace Zone or Safety Zone but not conforming to the provisions of this Lake Elmo Airport Zoning Ordinance on the Effective Date.

Person. "Person" means any individual, firm, partnership, corporation, company, association, joint stock association, or body politic, and includes a

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17.

18.

19.

20.

21.

trustee, receiver, assignee, administrator, executor, guardian, or other representative.
Planned. "Planned" means proposed future Airport developments and improvements indicated on a planning document having the approval of the FAA, the Minnesota Department of Transportation, Office of Aeronautics, and the Metropolitan Airports Commission.

Runway. "Runway" means any existing or planned paved surface of the Airport which is specifically designated and used or planned to be used for the landingand/ortakingoffofaircraft. TheindividualRunwaysattheAirportare defined in this Lake Elmo Airport Zoning Ordinance based on the compass headingof landingaircraft.

Runway 14-32. "Runway 14-32" means the planned 3, 500-foot non- precisionprimaryrunway.BoththeRunway14and32endsarewithinBaytown Township.

Runway 04-22. "Runway 04-22" means the planned 2,750-foot non- precision crosswind runway. Both the Runway 04 and 22 ends are within Baytown Township.
Runway Protection Zone. "Runway Protection Zone" means a zone mandated by FAA regulations that is longitudinally centered on the extended centerline at each end of Runways 14-32 and 04/22, whose inner edge is at the same width and elevation as, and coincides with, the end of the Primary Surfaces (250 feet) for Runways 14-32 and 04-22; and that extends outward a horizontal distance of 1, 000 feet, expanding uniformly to a width of 450 feet for Runways 14-32 and 04-22,

Safety Zones. "Safety Zones" means the land use zones established in Section V.A.
School. "School" means any private or public educational institution for people in kindergarten through grade 12 and any private or public day care or pre-school facility that enrolls more than 50 children.

22. 23.

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B.

Rules Of Construction. In the construction of this Lake Elmo Airport Zoning Ordinance,thefollowingrulesshallbeobservedandapplied,exceptwherethecontext clearly indicatesotherwise.

24.

25.

Slope. "Slope"meansaninclinefromthehorizontalexpressedinanarithmetic ratio of horizontal magnitudeto vertical magnitude.

lope = 3:1 = 3ft. horizontalto 1 ft. vertical

Structure. "Structure" means anything anchored, attached, built, constructed, erected, gathered, located, placed, or piled on the ground or in or over a water body, whether temporary or permanent, moveable or immovable, including antennae, buildings, canopies, cranes, decks, derricks, docks, edifices, equipment, fences, overhead transmission lines, patios, piers, piles, ponds, posts, roadways, signs, smokestacks, towers, utility poles, wires, and anything attached to any of the foregoing either temporarily or permanently.

Tree. "Tree"meansanyobjectofnaturalgrowth.
Zoning Administrator. "Zoning Administrator" means the public official in

each affected municipality and at the Metropolitan Airports Commission as set forth in SectionXI.B.

26. 27.

1.

2.

3.

ComputingTime. Incomputingtheperiodoftimewithinwhichanactmay or must be done, the first calendar day from which the designated period of timebeginstorunshallnotbeincluded. Thelastdayoftheperiodshallbe included,unlessitisa Saturday,a Sunday,ora legalholiday,inwhichcasethe periodshallrununtiltheendofthenextdaywhichisnota Saturday,Sunday, or legal holiday.

ConflictsBetweenOrdinanceProvisions. IfaprovisionofthisLakeElmo Airport Zoning Ordinance conflicts with any other provision of this Lake Elmo AirportZoningOrdinance,themorerestrictiveprovisionshallprevail.

Height. "Height"shallbeexpressedaselevationinfeetaboveMeanSea Level, Nort:h American Vertical Datum, 1988 Adjustment, except in reference to maximumconstructionheightwithoutanAirportZoningPermitwhenitshall be expressed as distance in feet above ground shown on the Maximum

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SECTION IV. A.

AIRSPACE OBSTRUCTION ZONING
Airspace Surfaces And Zones. In order to carry out the purpose of this Lake Elmo Airport Zoning Ordinance as set forth in Section I., the following Airspace Surfaces and Airspace Zones are hereby established, subject to the airspace zoning limits in Section VI.A.

4. 5.

6. 7. 8.

9.

Construction Hei hts Without Permit Plates in the Lake Elmo Airport Zoning Map.

Including^ Not Limited To. The word "including" means including but not limited to.
Land To Include Water Surfaces And Bodies. The word "land" shall include water bodies and surfaces for the purpose of establishing Airspace ZonesandSafetyZones.

May, Permissive. Theword"may"is permissive.
Shall^Mandatory. Theword"shall"ismandatoryandnotdiscretionary. SingularAndPlural. Thesingularshallincludetheplural,andthepluralthe singular.
Tense. Thepresenttenseshallincludethefuture.

1.

2. 3.

4. 5.

Primary Surface. An imaginary surface longitudinally centered on each Runwayextending 200feetbeyondeachendofRunways 14-32and04-22and havingawidthof500feet. TheelevationofanypointonthePrimarySurface isthesameastheelevationofthenearestpointontheRunwaycenterline. Primary Zone. All that land which lies directly under a Primary Surface.

HorizontalSurface. Animaginarysurfacethatis1,083feetabovemeansea 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 connectingtheadjacentarcsbylinestangenttothosearcs. Theradiusofeach arcis5,000feetforRunways14-32and04-22.

Horizontal Zone. All that land which lies directly under the Horizontal Surface.
ConicalSurface. Animaginarysurfaceextendingupwardandoutwardfrom the periphery of the Horizontal Surface at a Slope of 20 to 1 for a horizontal

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B.

Surface.
Height Restrictions. Except as otherwise provided in this Lake Elmo Airport Zoning Ordinance,andexceptasnecessaryandincidentaltoAirportoperations,thefollowing heightrestrictionsshallapply. WhereaLotisbeneathmorethanoneAirspaceSurface, theheightofthemorerestrictive(lower)AirspaceSurfaceshallcontrol.

1. Structures. No new Structure shall be constructed or established; and no

   existing Structure shall be altered, changed, rebuilt, repaired, or replaced in anyAirspaceZonesoasto projectaboveanyAirspaceSurface. Norshallany equipment used to accomplish any of the foregoing activities be allowed to project above any Airspace Surface.

2. Trees. NoTreeshallbeallowedtogroworbealtered,repaired,replaced,or replanted in any Airspace Zone so as to project above any Airspace Surface. Norshallanyequipmentusedto accomplishanyoftheforegoingactivitiesbe allowedto projectaboveanyAirspaceSurface.

a. PublicNuisance;Order. IfthewholeoranypartofanyTreeshallbe determined to be an Airport Hazard by the FAA, or any successor entity, after proper investigation, the Metropolitan Airports

6. 7.

8. 9.

10.

distanceof4,000feetasmeasuredradiallyoutwardfromtheperipheryofthe Horizontal Surface.
ConicalZone. AllthatlandwhichliesdirectlyundertheConicalSurface. Approach Surface. An imaginary surface longitudinally centered on the extendedcenterlineateachendofRunways14-32and04-22.Theinneredge of this surface is at the same width and elevation as, and coincideswith, the endofthePrimarySurface. ForRunways14-32and04-22,thissurfaceinclines upward and outward at a Slope of 20 to 1 for a horizontal distance of 5,000 feet expanding uniformly to a width of 2, 000 feet.

ApproachZone. AllthatlandwhichliesdirectlyunderanApproachSurface. Transitional Surface. An imaginary surface extending upward and outward at right angles to the centerline and extended centerline of Runways 14-32 and04-22ata Slopeof7 to 1 from bothsidesofeachPrimarySurfaceand from both sides of each Approach Surfaceof Runway 14-32 and 04-22 until it intersects the Horizontal Surface or the Conical Surface.

Transitional Zone. All that land which lies directly under a Transitional

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Commission may issue an order in writing for the owner or owners, agent or occupant of the property upon which such hazardous tree is located, to forthwith cause such hazardoustree, or portion thereof if the removal of a portion will remove the hazard, to be taken down and removed.

Notice. Saidorderistobemailedtothelastknownaddressofthe owner, agent or occupant and shall be accompanied by a notice

setting forth the authority to remove such hazardous Tree at such owner's, agent's or occupant's expense in the event such owner, agent or occupant fails to comply with or file a notice of appeal from said order within 10 days of mailing. The notice shall include instructionsforfilinga noticeofappealfrom saidorder.

Removal. Ifwithin10daysaftersaidorderhasbeenmailed,asabove provided for, the owner or owners, agent or occupant of the property upon which such hazardous Tree is located neglects or refuses to comply with said order, or has failed to file a notice of appeal from said order with the Metropolitan Airports Commission, then the Commissionoritsdesignee(s) mayenteruponsaidpremisesandtake down or remove said tree or portion thereof declared to be hazardous, and to do any and all things which in his opinion may be necessary for the protection of life, limb or property. AssessmentofExpense. If,afterthenoticehereinbeforeprovidedfor has been given, the owner, agent or occupant has failed to remove suchhazardoustreeor portionthereof,andit becomesnecessaryfor the MetroDolitan Airoorts Commission to remove same, the Commission or its designee shall mail a statement of the expense of such removal to the owner, agent or occupant of the property from which such tree or portion thereof has been removed, and if within 30 days therefrom the owner, agent or occupant has not remitted to the Commission for the expense incurred by the Commission in said

removal, the Commission or its designee may forthwith recover the amount of such expense from the owner or owners of said property

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C.

SECTION V. A.

in any civil court of competent jurisdiction, in the manner provided by

law.
FAA7460ObstructionEvaluation. AllconstructionofnewStructuresoralteration ofexistingStructuresin anAirspaceZoneshallcomplywiththe requirementsforfiling noticetotheFAAundertheFAA7460ObstructionEvaluationprocess.

LAND USE SAFETY ZONING
Safety Zones. In order to carry out the purpose of this Lake Elmo Airport Zoning Ordinance, as set forth in Section I., the following Safety Zones are hereby established, subjecttothesafetyzoninglimitsinSectionVI.B.

1. SafetyZone1. Designatedland,theextentsofwhichareshowninExhibit B. SafetyZone1overliestheRunwayProtectionZones.

2. Safety Zone 2. Alt land enclosed within the perimeter of the Horizontal Zone, asshowninExhibitC exceptthatlandwithinSafetyZone1.

Land Use Restrictions.

B.

1.

GeneralRestrictions. Subjectatalltimestotheheightrestrictionssetforth in Section IV.B., no use shall be made of any land in any of the Safety Zones that creates or causes interference with the operations of radio or electronic facilities at the Airport or with radio or electronic communications between Airport and aircraft, makes it difficult for pilots to distinguish between Airport lightsandotherlights,resultsinglareintheeyesofpilotsusingtheAirport, impairs visibility in the vicinity of the Airport, is deemed a "hazard" to air navigation by FAA or MNDOT as part of an FAA 7460 Obstruction Evaluation, or otherwise endangers the landing, taking off, or maneuvering of aircraft. Safety Zone 1 Restrictions. Subject at all times to the height restrictions set forth in SectionIV.B. and to the general restrictions contained in SectionV.B.1.,areasdesignatedasSafetyZone1foreachendofRunways 14- 32 and 04-22 shall contain no buildings, exposed high-voltage transmission

lines, or other similar land use structural hazards, and shall be restricted to those uses which will not create, attract, or bring together an assembly of persons thereon. Allowed uses may include, but are not limited to, such uses asagriculture(seasonalcrops), horticulture, animal husbandry,wildlifehabitat, light outdoor recreation (non-spectator, including trails), cemeteries, roadways

2.

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A.

B. C.

Airspace Zoning Limits. Exhibit D - Air ort Bounda and Airs ace Zonin Limits andExhibitE- Air artBounda andAirs aceContours,attachedheretoandmade a part hereof, show these limits.
Safety Zoning Limits. ExhibitF - Air ort Bounda and Safe Zonin Limits attachedheretoandmadea parthereof,showstheselimits.

Lake Elmo Airport Zoning Map. The locations and boundaries of the Airspace Surfaces, Airspace Zones, Safety Zones, and the Maximum Construction Heights without an Airport Zoning Permit established by this Lake Elmo Airport Zoning OrdinancearesetforthontheLakeElmoAirportZoningMapconsistingof102plates - Airs ace Zones Plates A-A2 to A-F6; Maximum Construction Hei hts Without Permit Plates MCH-A2to MCH-F6;andSafe Zones Plates SZ-A2to SZ-F6prepared by the Metropolitan Airports Commission, attached hereto and made a part hereof. These plates, together with such amendments thereto as may from time to time be made, and all notations, references, elevations, heights, data, surface and zone boundaries,andotherinformationthereon,shallbeandthesameareherebyadopted aspartofthisLakeElmoZoningOrdinance.

3.

andvehicleparking,railroads,andotherapprovedaeronauticaluses. Where Safety Zone 1 overlies the Runway Protection Zone, land uses and Structures within the Runway Protection Zone will be governed by Federal laws and regulationsor by FAAadvisorycirculars, orders, or guidance.

Safety Zone 2 Restrictions. No land use in Safety Zone 2 shall violate the height restrictions set forth in SectionIV.B. or the general restrictions containedin SectionV.B.l.

SECTIONVI.AIRPORTZONINGLIMITSANDLAKEELMOAIRPORTZONINGMAP

SECTIONVII. NONCONFORMINGUSES
A. Lake Elmo Airport Zoning Ordinance. The provisions of this Lake Elmo Airport

Zoning Ordinance shall not be construed to require the removal, lowering, other change, or alteration of any Nonconforming Structure or Tree, or otherwise interfere with the continuance of any Nonconforming Use. Nonconforming Structures and Nonconforming Uses are permitted under this Lake Elmo Airport Zoning Ordinance, subject to the provisions in Section VIII. (Airport Zoning Permits) and Section IX.

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(Variances). 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, and was diligently prosecuted and completed within 2 years of the Effective Date.

SECTIONVIII. AIRPORTZONINGPERMITS

A.

Permit Required. The following activities shall not take place on a Lot in any Airspace Zone or Safety Zone unless an Airport Zoning Permit shall have been granted therefore by the Zoning Administrator for the jurisdiction in which the Lot is located.

Existing Structures. Except as specifically provided in Section VIII.B., no existing Structure shall be altered, changed, rebuilt, repaired, or replaced.

New Structures. Except as specifically provided in Section VIII.B., no Structureshallbenewlyconstructedorotherwiseestablished.

NonconformingStructures. NoNonconformingStructureshallbereplaced, substantially altered or repaired, or rebuilt.

B.

1.
2.
3.
Exception To Permit Requirement.

1.

MaximumConstructionHeightWithoutAPermit. NoAirportZoning Permit shall be required for an existing Structure to be altered, changed, rebuilt,repaired,orreplacedona Lot,orfora newStructuretobeconstructed or otherwise established on a Lot, if the highest point on the Structure or on any equipment used to accomplish any of the foregoing activities, whichever is higher (measured in feet from curb level or from natural grade at a point 10 feetawayfromthefrontcenteroftheStructure,whicheverislower)doesnot exceed the "maximum construction height above ground without an Airport Zoning Permit" shown for the Lot on the applicable Maximum Construction Hei hts Without Permit Plate in the Lake Elmo Airport Zoning Map. The permitting process will require an FAA 7460 Obstruction Evaluation for all structures with proposed heights in excess of the maximum allowable construction heightwithouta permit.

No Violation Of Height Or Land Use Restriction Permitted. Nothing in this SectionVIII.B. shall be construed as permitting or intending to permit a violation or a greater violation of any provision of this Lake Elmo Airport Zoning Ordinance.

2.

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C. PermitApplication. AnAirportZoningPermitapplicationforactivitiesonaLotshall be made in the manner and on the form established by the Zoning Administrator of the jurisdiction in which the Lot is located as designated in Section XI. B.

4. Permit Standard. An Airport Zoning Permit shall be granted unless the Zoning Administrator determines that granting the permit (1) would allow a conforming Structure or use to violate any provision of this Lake Elmo Airport Zoning Ordinance or (2) would permita NonconformingStructureor a NonconformingUseto become a greaterviolationofanyprovisionofthisLakeElmoAirportZoningOrdinance. Any Airport Zoning Permit may be granted subject to any reasonable conditions that the ZoningAdministratormaydeemnecessarytoeffectuatethepurposeofthisLakeElmo AirportZoningOrdinance. Inmakinganydetermination,theZoningAdministrator need not give public notice of, or hold a public hearing on, the Airport Zoning Permit application or the determination.

5. Abandoned Or Deteriorated Nonconforming Uses. Whenever a Zoning Administrator determines that a Nonconforming Structure, Nonconforming Use, or Tree has been abandonedor more than 80% torn down, deteriorated, or decayed, no AirportZoningPermitshallbegrantedthatwouldallowsuchNonconformingStructure, Nonconforming Use, or Tree to exceed the height restrictions of SectionIV.B. or otherwiseviolateanyprovisionofthisLakeElmoAirportZoningOrdinance. Whether application is made for an Airport Zoning Permit or not, a Zoning Administrator may order the owner of the abandoned, torn down, deteriorated, or decayed Nonconforming Structure, Nonconforming Use, or Tree at the owner's expense, to lower,remove,reconstruct,orequipthesameinthemannernecessarytoconformto the provisions of this Lake Elmo Airport Zoning Ordinance. In the event the owner shall neglect or refuse to comply with such order for 10 days after receipt of written

   notice of such order, the Zoning Administrator may, by appropriate legal action, proceed to have the Nonconforming Structure, Nonconforming Use, or Tree lowered, removed, reconstructed, or equipped and assess the cost and expense thereof against the land on which the Nonconforming Structure, Nonconforming Use, or Tree is, or was, located. Unless such an assessment is paid within 90 days from the service of noticethereofontheowneroftheland,thesumshallbearinterestattherateof8% per annum from the date the cost and expense is incurred until paid, and shall be

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SECTION IX. A.

collected in the same manner as are general taxes, all as authorized by Minnesota Statutes § 360. 067.

VARIANCES
VarianceApplication. AnyPersondesiringtousehisorherpropertyinviolationof any provision of this Lake Elmo Airport Zoning Ordinance, whether to construct or establish a new Structure; to alter, change, rebuild, repair, or replace an existing Structure; to allow a Tree to grow higher; to alter, repair, replace, or replant a Tree; or to otherwise use his or her property in violation of any provision of this Lake Elmo Airport Zoning Ordinance, may apply to the Board of Adjustment for a variance from such provision. A variance application shall be made by sending the application on the form provided by the Board of Adjustment by certified United States Mail to (1) the

membersoftheBoardofAdjustmentand(2)theBoardofAdjustmentatthemailing address specified in SectionXII.C. The applicant shall also mail a copy of the application by regular United States Mail to the Zoning Administrator ofthejurisdiction in which the Structure or property is located, as designated in Section XI. B. The Board ofAdjustmentmaychargea feeforprocessingtheapplication.

Failure Of Board To Act. If the Board of Adjustment fails to grant or deny the variance within 4 months after the last Board member receives the variance

application, the variance shall be deemed to be granted by the Board of Adjustment, butnotyeteffective. Whenthevarianceisgrantedbyreasonofthefailureofthe Board of Adjustment to act on the variance, the Person receiving the variance shall send notice that the variance has been granted by certified United States Mail to (1) the Board of Adjustment at the mailing address specified in Section XII.C. and (2) the Commissioner. The applicant shall include a copy of the original application for the variance with the notice to the Commissioner. The variance shall be effective 60daysafterthisnoticeisreceivedbytheCommissioner,subjecttoanyactiontaken bythe Commissionerpursuantto MinnesotaStatutes § 360.063, subd. 6.a. Variance Standard. A variance shall be granted where it is found that a literal application or enforcement of the provisions of this Lake Elmo Airport Zoning Ordinance would result in practical difficulty or unnecessary hardship and relief grantedwouldnotbecontrarytothepublicinterestbutdosubstantialjusticeandbe inaccordancewiththespiritofthisLakeElmoAirportZoningOrdinanceandMinnesota

B.

C.

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SECTION X. A.

StatutesChapter360. Anyvariancegrantedmaybegrantedsubjecttoanyreasonable conditions that the Board of Adjustment, or the Commissioner acting under SectionIX.B.,maydeemnecessarytoeffectuatethepurposeofthisLakeElmoAirport Zoning Ordinance or Minnesota Statutes Chapter 360.

HAZARD MARKING AND LIGHTING
NonconformingStructure. TheMetropolitanAirportsCommissionmayrequirethe owner of any Nonconforming Structure to permit the installation, operation, and maintenancethereonofsuchmarkersandlightsasshallbedeemednecessarybythe Metropolitan Airports Commission to indicate the presence of the Structure to the operatorsofaircraftinthevicinityoftheAirport. Suchmarkersandlightsshallbe installed, operated, and maintained at the expense of the Metropolitan Airports Commission.
PermitsAndVariances. AnyAirportZoningPermitorvariancegrantedbya Zoning Administratoror the Board of Adjustment may, if such action is deemed advisableto effectuate the purpose of this Lake Elmo Airport Zoning Ordinance and be reasonable inthecircumstances,begrantedsubjecttoa conditionthattheowneroftheStructure in question permit the Metropolitan Airports Commission, at its expense, to install, operate,andmaintainthereonsuchmarkersandlightsasmaybenecessaryto indicate to pilots the presence of an Airport Hazard.

ZONING ADMINISTRATOR
Duties. ItshallbethedutyofeachZoningAdministratortoadministerandenforce theprovisionsofthisLakeElmoAirportZoningOrdinance. ApplicationsforAirport ZoningPermitsshallbemadetoaZoningAdministratorasprovidedherein. AZoning Administratormaychargea feeforprocessingtheapplication. AirportZoningPermit applications shall be considered and acted upon by the Zoning Administrator in accordancewiththeprovisionsofthisLakeElmoAirportZoningOrdinanceandwithin thetimelinesestablishedbyMinnesotaStatutes§ 15.99,asitmaybeamended. The Zoning Administrator shall remind each applicant that it is the responsibility of the applicantto recordanyconditionsofanAirportZoningPermit,ifrequiredbylaw. Designated Zoning Administrators. For the purpose of this Lake Elmo Airport Zoning Ordinance, the Zoning Administrator shall be the official entitled as follows: the

SECTION XI. A.

B.

B.

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LakeElmoZoningAdministratorforlandslocatedintheCityofLakeElmo;theOak ParkHeightsZoningAdministratorforlandslocatedintheCityofOakParkHeights; the BaytownTownshipZoningAdministratorfor lands located in BaytownTownship; and the West Lakeland Township Zoning Administrator for lands located in West Lakeland Township. In the event that 1 or more of the above described Zoning Administrators does not administer or enforce this Lake Elmo Airport Zoning Ordinance, the Lake Elmo Airport Joint Airport Zoning Board hereby appoints the Metropolitan Airports Commission to administer or enforce this Lake Elmo Airport Zoning Ordinance in the municipality or municipalities. If any official position designated above as a Zoning Administrator ceases to exist or to perform or serve its presentfunction,thesuccessorpositionasdesignatedbytheapplicableentityshall become the Zoning Administrator for that entity and shall perform or serve such functions.

SECTIONXII. BOARDOFADJUSTMENT

A.

EstablishmentOf Board And Selection OfChair. There is herebyestablished a Board of Adjustment that shall consist of 5 members appointed by the Metropolitan Airports Commission, and each shall serve for a term of 3 years and until a successor is duly appointed and qualified. Ofthe members first appointed, 1 shall be appointed foratermof1year,2foratermof2years,and2foratermof3years. Upontheir appointment,themembersshallselecta chairtoactatthepleasureoftheBoardof Adjustment. MembersshallberemovablebytheMetropolitanAirportsCommission for cause, upon written charges, after a public hearing.

BoardPowers. TheBoardofAdjustmentshallhavethepowertohearanddecide appealsfrom any order, requirement, decision, or determination made by any Zoning Administrator ortheMetropolitan AirportsCommission intheenforcement ofthisLake Elmo Airport Zoning Ordinance and to hear and grant or deny variances.

Board Procedures.
1. Rules'Meetings,AndRecords. TheBoardofAdjustmentshalladoptrules

for its governance and procedure in harmony with the provisions of this Lake ElmoAirportZoningOrdinance. MeetingsoftheBoardofAdjustmentshallbe heldatthecallofthechairandatsuchothertimesastheBoardofAdjustment may determine. The chair, or in his or her absence the acting chair, may

B.

C.

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2.

3.

4.

administeroathsandcompeltheattendanceofwitnesses. All hearingsofthe 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 offices of the Metropolitan Airports Commission and the Zoning Administrator of the jurisdiction in which the affected Structure or Lot is located, and shall be a public record.

Written Findings And Conclusions. 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 affirming, modifying, or reversing an order, requirement, decision, or determination of a Zoning Administrator or the Metropolitan Airports Commission and in granting or denyinga variance.

MajorityVoteRequired. Theconcurringvoteofamajorityofthemembers of the Board of Adjustment shall be sufficient to affirm, modify, or reverse an order,requirement,decision,ordeterminationofa ZoningAdministratororthe MetropolitanAirportsCommission,todecidetograntordenya variance,orto act on any other matter upon which the Board of Adjustment is required to passunderthis LakeElmoZoningOrdinance.

MailingAddress. ThemailingaddressfortheBoardofAdjustmentis:

LakeElmoAirportZoningOrdinanceBoardofAdjustment c/o Executive Director
Metropolitan Airports Commission
6040 28thAvenue South

Minneapolis,MN 55450

SECTIONXIII. APPEALS
A. Who May Appeal. Any Person aggrieved, or any taxpayer affected by any order,

requirement, decision, or determination of a Zoning Administrator made in administration of this Lake Elmo Airport Zoning Ordinance may appeal to the Board of Adjustment. Suchappealsmayalsobemadebyanygoverningbodyofa municipality or county, or any joint airport zoning board, which is of the opinion that an order, requirement, decision, or determination of a Zoning Administrator is an improper

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applicationofthisLakeElmoAirportZoningOrdinanceasitconcernssuchgoverning

bodyor board.

2. CommencementOfAppeals. Allappealshereundermustbecommencedwithin

   30 days of a 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 the notice of appeal and all papers constitutingtherecorduponwhichtheorder,requirement,decision,ordetermination appealed from was taken.

3. Stay Of Proceedings. An appeal shall stay all proceedings in furtherance of the order, requirement, decision, or determination appealed from, unless the Zoning AdministratorcertifiestotheBoardofAdjustment,afterthenoticeofappealhasbeen filed with it, that by reason of the facts stated in the certificate a stay would, in the ZoningAdministrator'sopinion,causeimminentperiltolifeorproperty. Insuchcase, proceedingsshallnotbestayedexceptbyorderoftheBoardofAdjustmentonnotice to the Zoning Administrator and on due cause shown.

4. AppealProcedures. TheBoardofAdjustmentshallfixa reasonabletimeforhearing anappeal,givepublicnoticeandduenoticetothepartiesininterest,anddecidethe same within a reasonabletime. At the hearing, any party may appear in Person, by agent, or by attorney.

5. Decision. The Board of Adjustment may, in conformity with the provisions of MinnesotaStatutesChapter360andthisLakeElmoAirportZoningOrdinance,affirm or reverse, 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 a Zoning Administrator.

SECTION XIV. JUDICIAL REVIEW
Any Person aggrieved, or any taxpayer affected, by any decision of the Board of Adjustment or any actionoftheCommissionertakenunderMinnesotaStatutes360.063,subd.6or6a,oranygoverning bodyofa municipalityorcounty,oranyjointairportzoningboard,whichisoftheopinionthatan order, requirement, decision, or determination of the Board of Adjustment or action of the Commissioner is illegal, may seekjudicial review as provided in Minnesota Statutes § 360. 072. The

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petitioner must exhaust the remedies provided in this Lake Elmo Airport Zoning Ordinance before availinghimselforherselfoftherighttoseekjudicialreviewasprovidedbythisSectionXIV

SECTION XV. PENALTIES AND OTHER REMEDIES
Every Person who violates any provision of this Lake Elmo Airport Zoning Ordinance, any zoning approval granted hereunder, any condition of any zoning approval granted hereunder, or any order, requirement,decision,ordeterminationofa ZoningAdministratorortheBoardofAdjustmentshall beguiltyofa misdemeanorandshallbepunishedbyafine,imprisonme.nt,orbothofnotmorethan thefineandimprisonmentestablishedformisdemeanorsbystatelaw. Eachdaya violationcontinues to exist shall constitute a separate offense for the purpose of the penalties and remedies specified in thissection. ThisLakeElmoZoningOrdinancemayalsobeenforcedthroughsuchproceedingsfor injunctive relief and other relief as may be proper under Minnesota Statutes § 360. 073, as it may be amended, and other applicable law.

SECTIONXVI. RELATIONTO OTHERLAWS,REGULATIONS,AND RULES

1. Compliance Required. In addition to the requirements of this Lake Elmo Airport Zoning Ordinance, all Structures, Trees, and uses shall comply with all other applicable city, local, regional, state, or federal laws, regulations, and rules, including Minnesota

   Statutes §§ 360. 81-360. 91 - Regulation Of Structure Heights, Minnesota Rules 8800. 1100 - Regulation Of Structure Heights, and 14 Code of Federal RegulationsPart77- ObjectsAffectingNavigableAirspace.

2. ConflictsWithOtherRegulations. Whereaconflictexistsbetweenanyprovision of this Lake Elmo Airport Zoning Ordinance and any city, local, regional, state, or federal law, regulation, or rule applicable to the same area, whether the conflict be withrespecttotheheightofStructuresorTrees,theuseofland,oranyothermatter, the more stringent law, regulation, or rule shall govern and prevail.

3. Current Versions And Citations. All references to city, local, regional, state, and federal laws, regulations, and rules in this Lake Elmo Airport Zoning Ordinance are intendedtorefertothemostcurrentversionandcitation. Ifsuchreferencesareno longer valid due to repeal or renumbering, the new laws, regulations, or rules intended to replace those cited, regardless of the citation, shall govern.

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SECTION XVII. SEVERABILITY

1. Effect Of Taking. In any case in which the provisions of this Lake Etmo Airport

   ZoningOrdinance,althoughgenerallyreasonable,areheldbya courtto interferewith the use or enjoyment of a particular Structure, Lot, or Tree to such an extent, or to be so onerous in their application to such a Structure, Lot, or Tree, 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 affectthe application of this Lake Elmd Airport Zoning Ordinanceas to other Structures, Lots, and Trees, and, tothisend,theprovisionsofthisLakeElmoAirportZoningOrdinancearedeclaredto be severable.

2. Validity Of Remaining Provisions. Should any section or provision of this Lake Elmo Airport Zoning Ordinance be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of this Lake Elmo Airport Zoning Ordinance as a whole or any part thereof other than the parts so declared to be unconstitutional or invalid.

SECTIONXVIII. EFFECTIVEDATE ThisLakeElmoAirportZoningOrdinanceshalltakeeffectonthe1stdayofMay,2021. Copiesthereof shallbefiledwiththeCommissionerandtheRegistersofDeedsforWashingtonCounty,Minnesota.

Passed and adopted after public hearings by the Lake Elmo Airport Joint Airport Zoning Board this 10thdayof February, 2021.