As used in this article, the following terms
shall have the meanings indicated:
Breckenridge-Wahpeton Interstate Airport located in Richland
County, North Dakota, in the vicinity of Wahpeton, North Dakota, and
the City of Breckenridge, Minnesota.
Any structure, 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.
The point established as the approximate geographic center
of the airport landing area and so designated on the Airport Zoning
Map.
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.
Any preexisting structure, tree, natural growth or use of
land which is inconsistent with the provisions of this chapter or
any amendment thereto.
An individual, firm, partnership, corporation, company, association,
joint-stock association or body politic, and includes a trustee, receiver,
assignee, administrator, executor, guardian or other representative.
The surface of an airport landing strip.
An object constructed or installed by man, including, but
without limitation, buildings, towers, smokestacks and overhead transmission
lines.
Any object of natural growth.
In order to carry out the provisions of this
chapter, there are hereby established and created certain surfaces
and zones consisting of a primary surface, a horizontal surface, a
conical surface, transitional zones and instrument approach zones.
Such surfaces and zones are shown on a certain Airport Zoning Map
entitled "Breckenridge-Wahpeton Interstate Airport Authority Airport
Zoning Map" consisting of two pages, dated February 26, 1973, and
prepared by Russell E. Kastelle, a registered land surveyor in the
State of North Dakota, which said map is attached to this chapter
and made a part hereof and incorporated herein.[1]
[1]
Editor's Note: The Airport Zoning Map is on
file in the office of the City Administrator or his/her designee.
Except as provided in this chapter, no structure
or tree shall be erected, altered, allowed to grow or maintained on
any surface or zone shown on said Airport Zoning Map in excess of
the following:
A.
Primary surface. No structure or tree shall exceed
the elevation of this zone, which shall be 500 feet wide and centered
longitudinally on the runway beginning at Runway Station 13/00 and
ending at Runway Station 67/00. The elevation of any point on the
primary surface shall be the same as the elevation of the nearest
point on the runway center line.
B.
Horizontal surface. No structure or tree shall exceed
the elevation of 1,067 within the area defined by swinging 5,000 foot
arcs from the runway center line, outward at Runway Station 13/00
and at Runway Station 67/00 and connecting the adjacent.
C.
Conical surface. No structure or tree shall exceed
the elevations determined by a plus 20:1 glide ratio beginning at
elevation 1,067 at the outward limits of the horizontal surface, then
extending outward and upward to 4,000 feet horizontally at elevation
1,267.
D.
Transitional zones. No structure or tree shall exceed
the elevation defined by the following transitional zone surfaces,
which surfaces shall extend outward and upward at right angles to
the runway center line and the runway center line extended at a slope
of 7:1 from the elevation of the sides of the primary surface to elevation
1,067 on the outer edge of the horizontal surface, and from the elevation
of the sides of the instrument approach surface and conical surface
to elevation 2,234.
E.
Instrument approach zone. No structure or tree shall
exceed, within this zone, the elevations of this zone defined as follows:
(1)
The northwest zone shall have a width of 1,000 feet
and an elevation of 967 feet at Runway Station 13/00, widening therefrom
uniformly to a width of 4,000 feet and rising therefrom on a slope
of 50:1 to an elevation of 1,178 feet at Runway Station (92/60) from
which it shall widen to a width of 16,000 feet and rise on a slope
of 40:1 to elevation 2,234 feet at Runway Station (515/00) and shall
be centered to the extension of the runway center line.
(2)
The southeast zone shall have a width of 1,000 feet
and an elevation of 967 feet at Runway Station 67/00 widening therefrom
uniformly to a width of 4,000 feet and rising therefrom on a slope
of 50:1 to an elevation of 1,178 feet at Runway Station 172/60 from
which it shall widen to a width of 16,000 feet and rise on a slope
of 40:1 to an elevation of 2,234 feet at Runway Station 595/00 and
shall be centered on the extension of the runway center line.
Where an area is covered by more than one height
limitation, the more restrictive limitations shall prevail.
A.
Safety zones. In order to carry out the purpose of
this chapter, there are hereby created and established the following
safety zones:
(1)
Zone A: all that land in the approach zones of a runway
which is located within a horizontal distance of 3,400 feet from each
end of the primary surface.
(2)
Zone B: all that land in the approach zones of a runway
which is located within a horizontal distance of 1,700 feet from each
end of the primary surface and which is not included in Zone A.
(3)
Zone C: all that land which is enclosed within the
perimeter of the horizontal surface and which is not included in Zone
A or Zone B.
B.
Use restrictions. Subject at all times to the height restrictions set forth in Subsection A hereinabove, no use shall be made of any land in any of the safety zones defined in Subsection A which creates or causes interference with the operations 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.
The regulations prescribed by this chapter shall
not be construed to require the removal, lowering or other changes
or alterations of any structure or tree not conforming to the regulation
as of the effective date of this chapter, 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 this chapter and is diligently
prosecuted.
Notwithstanding the provisions of § 190-78, 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 Breckenridge-Wahpeton Interstate Airport Authority 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 Breckenridge-Wahpeton Interstate Airport Authority.
No material change shall be made in the use
of land and no structure or tree shall be erected, altered, planted
or otherwise established on any surface or in any of the zones shown
on said Airport Zoning Map unless a permit therefor shall have been
applied for and granted. Each application for a permit shall indicate
the purpose for which the permit is desired, with sufficient particularity
to permit it to be determined whether the resulting use, structure
or tree would conform to the regulations herein prescribed.
No nonconforming use shall be enlarged or increased
or extended to occupy a greater area of land than was occupied as
of the effective date of the adoption of this chapter. If any such
nonconforming use ceases for any reason for a period of more than
30 days, any subsequent use of such land shall conform to the regulations
specified by this chapter. Should any tree or structure be destroyed
by any means to an extent of more than 51% of its replacement cost
at the time of destruction, it shall not be reconstructed except in
conformity with the provisions of this chapter.
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
chapter, may apply to the Board of Adjustments and Appeals for a variance
from these regulations.
B.
No variance shall be granted without a hearing before
the Board of Adjustments and Appeals, and the Breckenridge-Wahpeton
Interstate Airport Authority shall be given at least two weeks' notice
of such hearing.
C.
Such variances shall be allowed where it is duly found
that a literal application or enforcement of the regulations contained
in this chapter would result in practical difficulty or unnecessary
hardship and the relief granted would not be contrary to the public
interest but will be substantial justice and be in accordance with
the spirit of this chapter.
D.
Any permit or variance granted, if such action is
deemed advisable to effectuate the purpose of this chapter and be
reasonable in the circumstances, may be so conditioned as to require
the owner of the structure or tree in question to permit the Breckenridge-Wahpeton
Interstate Airport Authority to install, operate and maintain thereon
such markers and lights as may be necessary to indicate to flyers
the presence of an airport hazard.
