In order to restrict those uses which may be hazardous to the
operational safety of aircraft operating to and from an 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 accident, the following use restrictions are applied to the
land use safety zones.
A. No use shall
be made of any land in any of the safety zones which creates or causes
interference with the operation of radio or electronic facilities on the
airport or with radio or electronic communications between the 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.
B. Zone A shall contain no buildings,
temporary structures, exposed 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. Permitted
uses may include, but are not limited to, such uses as agriculture (seasonal
crops), horticulture, raising of livestock, animal husbandry, wildlife habitat,
light outdoor recreation (nonspectator), cemeteries, and auto
parking.
C. Zone B shall be
restricted in use as follows. Each use shall be on a site whose area shall not
be less than three acres. Each use shall not create, attract, or bring together
a site population that would exceed 15 times that of the site acreage. Each
site shall have no more than one building plot upon which any number of
structures may be erected.
A building plot shall be 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:
Site Area at Least (Acres) |
But Less Than (Acres) |
Ratio of Site area to Building Plot Area |
Building Plot Area square feet |
Maximum Site Population (15 Persons/A) |
3 |
|
12:1 |
10,900 |
45 |
|
4 |
12:1 |
|
|
4 |
|
10:1 |
17,400 |
60 |
|
6 |
10:1 |
|
|
6 |
|
8:1 |
32,600 |
90 |
|
10 |
8:1 |
|
|
10 |
|
6:1 |
72,500 |
150 |
|
20 |
6:1 |
|
|
20 |
and up |
4:1 |
218,000 |
300 |
The following uses are specifically prohibited in zone B:
churches, hospitals, schools, theaters, stadiums, hotels and motels, trailer
courts, camp grounds, and other places of public or semipublic assembly.
D. Zone C is subject only to the
general restrictions contained in item A.
E. The provisions of items B and C shall not
apply to land uses, in "established residential neighborhoods in built up urban
areas." Such "established residential neighborhoods in built up areas" shall be
subject to the use restrictions contained in this paragraph.
(1) Airport safety zoning balances the public
interest involved in safety for persons on the ground, safety of persons
traveling in aircraft, and the public interest in maintaining existing land
uses. The legislature has mandated special protection for existing land uses in
"established residential neighborhoods in built up urban areas." The provisions
of items A to D strike the appropriate balance with regard to other land uses
and areas and shall therefore be applied in those cases.
(2) Each governmental authority having
airport zoning powers shall determine which areas located in safety zones A and
B of each airport within its jurisdiction are also located in "established
residential neighborhoods in built up urban areas." In making such
determination, the factors enumerated in subitem (4) shall be considered. Such
neighborhoods located in whole or part in safety zones A or B shall be
specifically located on the airport zoning map and shall be legally described
in the airport zoning ordinance. Each governmental authority having airport
zoning powers shall submit its proposed zoning map and ordinance to the
commissioner of transportation for review and approval prior to holding a
public hearing or taking other action thereon.
(3) No land use in safety zones A or B and in
an area designated as having been an "established residential neighborhood in a
built up urban area" shall be prohibited by an airport zoning ordinance except
as provided in subitem (5). In addition, any isolated low density residential
building lot or low density residential structure which existed on January 1,
1978, in an "established residential neighborhood in a built up urban area,"
must either be allowed to continue as a conforming use under the terms of the
local zoning ordinance or must be acquired, altered, or removed as provided in
subitem (6). For this purpose, a low density residential structure shall mean a
single family or two family home and an isolated low density residential
building lot shall mean a single lot located in an area which is zoned for
single family or two family residences and in which the predominant land use is
such type of residences.
(4) In
determining what constitutes an "established residential neighborhood in a
built up urban area" the governmental unit having zoning powers shall apply and
consider the following criteria in relation to the neighborhood as it existed
on June 30, 1979:
(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 in 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 central sanitary sewer system electric
service and gas mains;
(j) whether
or not the factors listed in units (h) and (i) 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.
(5) Safety hazards: 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 commissioner to
constitute airport safety hazards so severe, either to persons on the ground or
to the air traveling public, or both, that they must be prohibited under local
airport zoning ordinances:
(a) any structure
which a person or persons customarily use as a principal residence and which is
located entirely within safety zone A and within 1,000 feet 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 zone A or B and which penetrates an imaginary
approach surface as defined by part
8800.1200, subpart
5, item D;
(c) any land use in safety zone A or B which
violates any of the following standards: 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; the land use must not make it difficult for pilots to distinguish
between airport lights and other lights; and 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 unit (a),
(b), or (c). 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 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 commissioner shall consider
the following factors:
i. possibility that the
land use may contribute to or cause a collision of two 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.
(6) In the case of any land use prohibited by
subpart
6, item E, subitem (5) and
which is located in an "established residential neighborhood in a built up
urban area" as defined by the local government unit and reviewed and approved
by the commissioner, the prohibited land use must be acquired, altered, or
removed at public expense by the governmental body which owns the airport. This
may be accomplished by an exchange of land, purchase of development rights,
acquisition of easements, or other method to be negotiated with the landowner
or by outright purchase or exercise of eminent domain, if necessary.
(7) The prohibited uses enumerated in subpart
6, item E, subitem (5) are
only those which present the most severe safety hazards to the air traveling
public or persons on the ground, as the case may be. Local governmental units
may also prohibit other land uses in safety zones A and B as being unsafe to
the public. The use restrictions contained in items A to D provide guidance as
to what uses the commissioner deems not to be public interest in these safety
zones. See also subitem (5), units (c) and (e). The local governmental unit
must note the requirement of Minnesota Statutes 1978, section
360.066,
subdivision 1a, paragraphs (a) and (d) that certain prohibited land uses must
be acquired, altered, or removed at public expense.
(8) In the event that the provisions of this
item, as reflected in a proposed local zoning ordinance, would require the
acquisition, alteration, or removal of any land use, then, in such event, at
least 60 days prior to the first hearing on adoption of the ordinance, the
local zoning authority shall so notify the airport owner. The airport owner
shall then consider the alternatives of closing a runway, runway realignment or
relocation, runway extension or shortening, and displaced thresholds and shall
then promptly notify the local zoning authority in writing, if it proposes to
take any of such alternative actions.
(9) These rules shall be effective June 30,
1979, except as provided above as to isolated, low density residential building
lots and low density residential structures.