As used in this article, the following terms
shall have the meanings indicated:
AIRPORT
Breckenridge-Wahpeton Interstate Airport located in Richland
County, North Dakota, in the vicinity of Wahpeton, North Dakota, and
the City of Breckenridge, Minnesota.
AIRPORT HAZARD
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.
AIRPORT REFERENCE POINT
The point established as the approximate geographic center
of the airport landing area and so designated on the Airport Zoning
Map.
HEIGHT
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.
NONCONFORMING USE
Any preexisting structure, tree, natural growth or use of
land which is inconsistent with the provisions of this chapter or
any amendment thereto.
PERSON
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.
RUNWAY
The surface of an airport landing strip.
STRUCTURE
An object constructed or installed by man, including, but
without limitation, buildings, towers, smokestacks and overhead transmission
lines.
TREE
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.
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.
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.