2005 Minnesota Statutes - 360.066 — Airport zoning; minimum standards, land uses.

     360.066 Airport zoning; minimum standards, land uses. 


    Subdivision 1.    Reasonableness.  Standards of the 
 commissioner defining airport hazard areas and the categories of 
 uses permitted and airport zoning regulations adopted under 
 sections 360.011 to 360.076, shall be reasonable, and none shall 
 impose a requirement or restriction which is not reasonably 
 necessary to effectuate the purposes of sections 360.011 to 
 360.076.  In determining what minimum airport zoning regulations 
 may be adopted, the commissioner and a local airport zoning 
 authority shall consider, among other things, the character of 
 the flying operations expected to be conducted at the airport, 
 the location of the airport, the nature of the terrain within 
 the airport hazard area, the existing land uses and character of 
 the neighborhood around the airport, the uses to which the 
 property to be zoned are planned and adaptable, and the social 
 and economic costs of restricting land uses versus the benefits 
 derived from a strict application of the standards of the 
 commissioner. 


    Subd. 1a.    Protection of existing neighborhood.  (a) 
 In order to ensure the minimum disruption of existing land uses, 
 particularly established residential neighborhoods in built-up 
 urban areas, the airport zoning standards of the commissioner 
 and the local airport zoning ordinances or regulations adopted 
 under sections 360.061 to 360.074 shall distinguish between the 
 creation or establishment of a use and the elimination of an 
 existing use, and shall avoid the elimination, removal, or 
 reclassification of existing uses to the extent consistent with 
 reasonable standards of safety.  The standards of the 
 commissioner shall include criteria for determining when an 
 existing land use may constitute an airport hazard so severe 
 that considerations of public safety outweigh the public 
 interest in preventing disruption to that land use. 


    (b) No airport zoning standards or local airport zoning 
 ordinances or regulations shall be adopted pursuant to sections 
 360.061 to 360.074 that classify as a nonconforming use or 
 require such classification with respect to any low-density 
 residential structure or isolated low-density residential 
 building lots existing on January 1, 1978 in an established 
 residential neighborhood. 


    (c) A local airport zoning authority may classify a land 
 use described in paragraph (b) as an airport hazard if that 
 authority finds that this classification is justified by 
 considerations of public safety and is consistent with the 
 airport zoning standards of the commissioner.  Any land use 
 described in paragraph (b) which is classified as an airport 
 hazard shall be acquired, altered, or removed at public expense. 


    (d) The provisions of this subdivision shall not be 
 construed to affect the classification of any land use under any 
 zoning ordinances or regulations not adopted pursuant to 
 sections 360.061 to 360.074. 


    Subd. 1b.    Amendment of standards.  Within nine 
 months after March 29, 1978, the commissioner shall amend the 
 standards defining airport hazard areas and categories of uses 
 permitted therein to conform with the requirements of Laws 1978, 
 chapter 654.  Until the commissioner adopts amended standards as 
 required by this subdivision the unamended standards, insofar as 
 they require classification of any residential property as a 
 nonconforming use contrary to the provisions of subdivision 1a, 
 paragraph (b), shall be without force or effect. 


    Subd. 2.    Nonconforming use.  No airport zoning 
 regulations adopted under sections 360.011 to 360.076, shall 
 require the removal, lowering, or other change or alteration of 
 any structure or tree not conforming to the regulations when 
 adopted or amended, or otherwise interfere with the continuance 
 of any nonconforming use, except as provided in section 360.067. 


    HIST: 1945 c 303 s 29; 1978 c 654 s 2-4; 1978 c 674 s 58; 1983 
 c 326 s 8