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<br />AERO~AUTICS
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<br />ing. for .a dista~cenot tO,exceed
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<br />ercised by metropolitan airports
<br />and for which they have been
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<br />. . . .
<br />st;ate-'of:M:i~Iu';sot3:'such powers
<br />IY the commissioner oftranspor-
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<br />airport is owned or controlled by
<br />. the airport is locatedwithin the
<br />lunicipality' owning or~ontrolling
<br />vhich .an airport hazard area is
<br />
<br />
<br />; for the area in question that'
<br />. pursuant to .subdivision 4; 'or
<br />;suant to clause' (2); ;The owning
<br />Ie actions it shall request, except
<br />linmission. The request shall be
<br />Inty,~~~rnllnicipalit! ip ~~ich ~~
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<br />-. .',"- ,,-". ",',':' - ,'-:' --'- ...-,.",.
<br />micipality and an au-port ~azard
<br />itorilllliinits of another county or
<br />lairportand the county or other
<br />I located may, by ordinance or
<br />mird, which board shall have the
<br />ning regulations applicable to the
<br />.ision 1 in the municipality within
<br />as members' two representatives
<br />~ airport and two from the county
<br />icipality is involved two from each
<br />; located, and in addition a chair
<br />All members shall serve at the
<br />'ithstanding any other provision of
<br />:ipality is a city of the first class it
<br />of the board shall be elected from
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<br />iving a request from an owning or
<br />to adopt, or. thereafter fails. to
<br />!1g a joint airp<!rt zoning board the
<br />rt zoning board created without
<br />,oard, may itself adopt, administer,
<br />; hazard area' in question. In the
<br />zoning regulations adopted by the
<br />d area is located, section 360,064'i
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<br />i
<br />
<br />this subdivision, includes:
<br />
<br />t to section 360.042 that has been
<br />;ters under the agreement creating
<br />
<br />nt to' section 360.042 that has' not
<br />~ating the bO;1rd, provided that the
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<br />AERONAuTICS
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<br />~ 360.063
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<br />board. shall. not itself adopt zoning . regulations nor' shail"a joiritairport', zoningboai'd
<br />created at its request adopt zoning regulations unless all municipalities' that created the
<br />jo~nt,operating b~ardjoin to,cr~atethejoint z?ninr;~o~rd;.~nd.. '., .., ".'
<br />; ,(c) ,The metropolitan airports commission established and operated jmrsuanttOchapter
<br />473. .. '.... ...,. .. ." d' . . .'. ...
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<br />(5) The metropolitan airports commission shall request creation 'of one joint airport
<br />zoning bo.ardfor each airport <?perated underi~ ~~t~ority. . _,. .;, c ':'. .
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<br />'Subd. 4. . Airprirt approach. The commissioner may re~ommend an'airport approach
<br />plan for each publicly owned airport in the state and for each privately owned airport of
<br />the publicly owned class and.from time to time recommend revisions of the plan.. A plan
<br />shall indicate the 'circumstances in which structures or trees are or ,would be airport
<br />hazards, the airport hazard area, and what measures should be taken to eliminate airport
<br />hazards. . The 'commissioner shall prescribe airport approach and. turning standards for
<br />airports of various classes, and airport zoning regulations adopted by; a municipality,
<br />county, orjoint airport zoning board shall conform to the standards, except as provided in
<br />sections 360.065 and 360.066. .:. '.' .... .' ":~"; ," ;...... :,,'.:'-.;<" ";;
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<br />Subd. 5. Repealed byLaws 1976, 'c. 255, ~6.'" ,.
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<br />Subd. G.Procedure when zoning ,board fails to act. c If ,a municipality,coUlity,or
<br />joint airportzoning'board fllils to adopt within a reasonable time airportzol1in!(regula-
<br />tions in accordance with the provisions of sectioris 360.011 to ~60.076,or' adopts'regula-
<br />tions or amendmentS which do not conform to the standard prescribed by the commission-
<br />er, the commissioner may, forthe protection of the public safety, adoptor supplement and
<br />from time to time as may be necessary amend, supplement, or repeal the regulations for
<br />the municipality or 'county until' airport zoning rules provided for in sections 360.011 to
<br />360.076, are adopted by the, municipality, county, or joint airport zoning board. "The
<br />commissioner shall have the same powers with reference to the airport zoning regulations
<br />as are, granted in sections 360.011 to 360.076, to municipalities, administrative boards, and
<br />boards of adjustment. An action of the commissioner taken under'this subdivision is
<br />subject to review by the courts as provided in section 360.072., :., :,'
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<br />Subd. Ga. Review'of variances granted when board of adjustm:~nt fails to act. On
<br />receiving'notice that an airport zoning variance has been granted by reason of the failure
<br />of a board of adjustment to act on the variance as provided in section 360.067, subdivision
<br />2, the commissioner shall review' the application and may amend or rescind the variance
<br />on finding that this .action is required to 'protect the public safety. ,No action of the
<br />commissioner pursuant to this subdivision shall be effective unless the commissioner
<br />notifies the applicant of that action within 60 days after receiving notice that the variance
<br />was granted. Any action taken by the commissioner pursuant to this subdivision shall be
<br />subject to review by the courts as' provided in section 360.072.' .
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<br />Subd. 7. Airport zoning board, each airport. Where an airport is owned or operated,
<br />by the state of Minnesota a state airport zoning board shall be created for each airport,
<br />which board shall have the same power to adopt, administer and enforce airport zoning
<br />rules applicable to the airport hazard area of such airport as that vested by subdivision 1
<br />in the municipality. Each board shall consist of the commissioner of transportation,or a
<br />member of staff appointed by the commissioner, who shall be chair,' one' member
<br />appointed by the county board who may be a member of the county board, of each county
<br />in which an airport hazard area is located and one member appointed by the governing
<br />body of each municipality located within the area to be zoned. , If the area to be zoned is
<br />located entirely within one county and no municipality is located within the .area to be
<br />zoned, then the duly designated members shall select a third' member who shall be a
<br />resident of the county. The members of such board shall serve for a period of three
<br />years beginning January 1 following their appointment and until their successors are
<br />appointed and qualified. The zoning rules shall be adopted by an' order of the board
<br />Signed by a majority of its members.' Such order shall be published ,once in a legal
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