HF 1063

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to airports; expanding scope of airport
zoning provisions to include control of uses
incompatible with present and future airport use;
amending Minnesota Statutes 2004, sections 360.061, by
adding subdivisions; 360.064, subdivision 1; 360.065;
360.066, subdivisions 1, 1a; 360.074; proposing coding
for new law in Minnesota Statutes, chapter 360.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2004, section 360.061, is
amended by adding a subdivision to read:

new text begin Subd. 5. new text end

new text begin Development area. new text end

new text begin "Development area" means any
land located within two miles of the boundary of a commercial
service airport.
new text end

Sec. 2.

Minnesota Statutes 2004, section 360.061, is
amended by adding a subdivision to read:

new text begin Subd. 6. new text end

new text begin Incompatible use. new text end

new text begin "Incompatible use" means
present or potential land use that is located within a
development area and is incompatible with the present function
of the airport, or future function as established in the state
transportation plan, because (1) it presents an actual or
potential obstacle to eventual development or expansion of the
airport, or (2) present or potential use of the airport presents
a significant threat, because of noise, increased traffic, or
other factors, to the quality of life of residential property
within the area in question.
new text end

Sec. 3.

new text begin [360.0631] AIRPORT ZONING; DEVELOPMENT AREAS.
new text end

new text begin Subdivision 1. new text end

new text begin Zoning authorized. new text end

new text begin A municipality or
joint airport zoning board having jurisdiction over a commercial
service airport as defined by the Federal Aviation
Administration may adopt zoning regulations to prevent
incompatible uses in development areas in the same manner as
provided for zoning regulations to prevent the creation or
establishment of airport hazards under sections 360.061 to
360.076. A joint airport zoning board may not adopt zoning
regulations that are inconsistent with zoning regulations
adopted by a municipality having jurisdiction over all or a part
of a development area unless the joint airport zoning board
determines that the municipal zoning regulations allow for an
incompatible use.
new text end

Sec. 4.

Minnesota Statutes 2004, section 360.064,
subdivision 1, is amended to read:

Subdivision 1.

Comprehensive regulations.

In the event
that a municipality has adopted, or hereafter adopts, a
comprehensive zoning ordinance regulating, among other things
the height of buildings new text begin or development or construction in a
development area new text end , any airport zoning regulations applicable to
the same area or portion thereof may be incorporated in and made
a part of such comprehensive zoning regulations and be
administered and enforced in connection therewith.

Sec. 5.

Minnesota Statutes 2004, section 360.065, is
amended to read:

360.065 AIRPORT ZONING; ADOPTION AND APPROVAL OF PROPOSED
REGULATIONS.

Subdivision 1.

Notice of proposed zoning regulations,
hearing.

new text begin (a) new text end No airport zoning regulations shall be adopted,
amended, or changed under sections 360.011 to 360.076, except by
action of the governing body of the municipality or county in
question, or the boards provided for in section 360.063,
subdivisions 3 and 7, or by the commissioner as provided in
subdivisions 6 and 8, after public hearings, at which parties in
interest and citizens shall have an opportunity to be heard. A
public hearing shall be held on the proposed regulations before
they are submitted for approval to the commissioner and after
that approval but before final adoption by the local zoning
authority. Notice of a hearing required pursuant to this
subdivision shall be published by the local zoning authority at
least three times during the period between 15 days and five
days before the hearing in an official newspaper and in a second
newspaper designated by that authority which has a wide general
circulation in the area affected by the proposed regulations.
The notice shall not be published in the legal notice section of
a newspaper. Notice of a hearing shall also be mailed to the
governing body of each political subdivision in which property
affected by the regulations is located.

new text begin (b) In the case of a hearing on airport zoning regulations
intended to prevent the creation or establishment of airport
hazards, new text end notice deleted text begin shall deleted text end new text begin must new text end be given by mail at least 15 days
before each hearing to any persons in municipalities that own
land proposed to be included in safety zone A or B as provided
in the rules of the Department of Transportation and to persons
or municipalities that have previously requested such notice
from the authority. new text begin In the case of airport zoning regulations
intended to prevent incompatible uses in development areas,
notice must be given by mail at least 15 days before each
hearing to any persons who own land in the proposed development
area.
new text end

new text begin (c) new text end For the purpose of giving mailed notice, the authority
may use any appropriate records to determine the names and
addresses of owners. A copy of the notice and a list of the
owners and addresses to which the notice was sent shall be
attested to by the responsible person and shall be made a part
of the records of the proceedings. The failure to give mailed
notice to individual property owners, or defects in the notice,
shall not invalidate the proceedings; provided a bona fide
attempt to comply with this subdivision has been made. A notice
shall describe the property affected by the proposed regulations
and the restrictions to be imposed on the property by the
regulations and shall state the place and time at which the
proposed regulations are available for public inspection.

Subd. 2.

Regulations submitted to commissioner.

Prior to
adopting zoning regulations for an airport hazard area new text begin or
development area new text end under sections 360.011 to 360.076, the
municipality, county, or joint airport zoning board which is to
adopt the regulations shall submit its proposed regulations to
the commissioner in order that the commissioner may determine
whether deleted text begin it conforms deleted text end new text begin they conform new text end to the standards prescribed by
the commissioner. The commissioner shall immediately examine
the proposed regulations and report to the municipality, county,
or joint airport zoning board the commissioner's approval, or
objections, if any. If objections are made by the commissioner
on the ground that the regulations do not conform to the
standards prescribed by the commissioner for the class of
airport involved, the municipality, county, or joint zoning
board shall make amendments as are necessary to meet the
objections unless it demonstrates that the social and economic
costs of restricting land uses in accordance with the standards
outweigh the benefits of a strict application of the standards.
The governing body of the municipality or county or the joint
airport zoning board shall not adopt the regulations or take
other action until the proposed regulations are approved by the
commissioner. The commissioner may approve local zoning
ordinances that are more stringent than the standards. A copy
of the regulations as adopted shall be filed with the county
recorder in each county in which the zoned area is located.

Substantive rights existing prior to the passage of this
subdivision and previously exercised are not affected by the
filing of the regulations.

Sec. 6.

Minnesota Statutes 2004, section 360.066,
subdivision 1, is amended to read:

Subdivision 1.

Reasonableness.

new text begin (a) new text end 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.

new text begin (b) new text end In determining what minimum airport zoning regulations
new text begin intended to regulate airport hazards new text end 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.

new text begin (c) In determining airport zoning regulations intended to
prevent the creation and establishment of incompatible uses in
development areas, the commissioner and a local zoning authority
shall consider, among other things, the present and future use
of the airport, existing land use and character of neighborhoods
within the development area, 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. In
determining standards for noise, the commissioner shall apply
the Guidelines for Community Noise published by the World Health
Organization.
new text end

Sec. 7.

Minnesota Statutes 2004, section 360.066,
subdivision 1a, is amended to read:

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 new text begin and with the present and future
use of the airport new text end . The standards of the
commissioner new text begin regulating airport hazards new text end 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.

Sec. 8.

Minnesota Statutes 2004, section 360.074, is
amended to read:

360.074 ACQUISITION OF AIR RIGHTS.

In any case in which (1) it is desired to remove, lower, or
otherwise terminate a nonconforming structure or use, or (2) the
approach new text begin or development area new text end protection necessary cannot,
because of constitutional limitations, be provided by airport
zoning regulations under sections 360.011 to 360.076, or (3) it
appears advisable that the necessary approach new text begin or development
area new text end protection be provided by acquisition of property rights
rather than by airport zoning regulations, the municipality
within which the property or nonconforming use is located or the
municipality owning the airport or served by it may proceed
under section 360.032, subdivision 3, to acquire such easements
through or other interest in air spaces over land or water,
interests in airport hazards new text begin or other structures new text end outside the
boundaries of the airport, and such other airport protection
privileges as are necessary to effectuate the purposes of
sections 360.011 to 360.076.

Sec. 9. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 1 to 8 are effective July 1, 2006.
new text end