Section 305.575

Title XIX MOTOR VEHICLES, WATERCRAFT AND AVIATION

Chapter 305

Effective - 28 Aug 1972   

  305.575.  Airport hazards, zoning — zoning committee — regulations, variances — penalty. — 1.  It is hereby found that an airport hazard endangers the lives and property of users of the airport and of occupants of land in its vicinity and impairs the utility of the airport and the public investment therein.  Accordingly, it is hereby declared that the creation or establishment of an airport hazard is a public nuisance and an injury to the community served by the airport and it is therefore necessary in the interest of the public health, safety and general welfare that the creation or establishment of airport hazards be prevented to the extent legally possible.  The authority may for airspace clearance and navigational purposes provide for the zoning of all territory within two miles of the boundaries of an instrument authority airport and within one mile of the boundaries of a noninstrument authority airport for the purpose and intent of preventing or eliminating hazards on the ground and in the air which obstruct or interfere with the use of an authority airport, such as natural and man-made obstructions, lights, smoke and electronic interferences.

  2.  No such zoning regulation shall limit any existing use or require the reduction in height of any existing structure without the owner's consent or the payment of compensation for damages or loss resulting therefrom.

  3.  It is further declared that both the prevention of the creation or establishment of airport hazards and the elimination, removal, alteration, mitigation, abatement, or marking, lighting or shielding of existing airport hazards are public purposes for which the authority may expend funds and acquire land or property rights therein.

  4.  The chairman shall establish an airport zoning committee consisting of five members of the authority, not more than one of which shall be representatives of the same area within the boundaries of the authority.  Each member so appointed shall serve as a member of the committee during his term as member of the authority.  The committee shall recommend the adoption of zoning regulations and^* hear appeals for the zoning of authority airports.

  5.  Before any zoning regulations are made or changed, except permissible variances, the committee shall hold at least one public hearing at which any interested person may appear in person or by counsel to present his views.  The public hearings shall be held only after notice thereof has been given by publication in a newspaper having general circulation within the area subject to the zoning regulations once each week for four consecutive weeks next preceding the time set for the hearing and by posting the same notice in ten conspicuous places within the area, and all costs of the publication shall be paid for by the authority.

  6.  Zoning regulations of the authority shall be adopted, decided, revised or altered, only upon the affirmative vote of a majority of those members of the committee present at the public hearing or at some meeting within thirty days thereafter at which at the time of voting a majority of the entire committee is present.  In the event of conflict between any airport zoning regulations adopted pursuant to the provisions of this section and some other permissible zoning regulation, the more stringent limitation or requirement shall govern and prevail.

  7.  All airport zoning regulations adopted by the authority under sections 305.500 to 305.585 shall be enforced by the city or county agency in which the zoning is applicable and which has the duty of enforcing zoning and building regulations within their area.  The authority shall provide each city and county zoning agency with maps, charts, and visual displays as necessary and convenient for a coordinated, efficient and effective enforcement.  The authority shall provide each city and county zoning agency technical advice and representation when so requested for the purposes of sections 305.500 to 305.585.

  8.  Any person, firm or corporation desiring to erect any structure or to change any existing structure or to permit any natural growth in variance of zoning regulations made pursuant to the provisions of this section shall apply for permission to make such variance with the authority.  Such variances shall be allowed if a literal application or enforcement of the regulations would result in practical difficulty or unnecessary hardship and the relief granted would not be contrary to the public interest but would do substantial justice and be in accordance with the spirit of the regulations and the provisions of sections 305.500 to 305.585, but any variance shall be subject to such reasonable conditions as the airport zoning board may deem necessary to effectuate the purpose of this section.  In granting any variance, the authority shall require, and the person, firm, or corporation seeking the variance shall install, operate and maintain thereon, at the expense of said person, firm, or corporation seeking the variance, such markers, lights and shielding as may be necessary to indicate to flyers the presence of any hazard, obstruction and interference which may result from the variance.

  9.  Any person, firm or corporation or any political subdivision which believes it has been aggrieved by any decision regarding zoning regulations made by the airport authority may appeal to the circuit court of the county in which the zoning regulations applies for judicial review of the regulation and the method in which it was adopted.  The action must be begun within thirty days after the regulation becomes effective, and the court shall hear the issues and make its determination in the same manner as judicial review may be had for any other administrative decision.

  10.  Any person, firm or corporation violating any of the provisions of sections 305.500 to 305.585 or acting contrary to any zoning regulation which may be adopted pursuant to the provisions of sections 305.500 to 305.585 is guilty of a misdemeanor, and upon conviction thereof shall be punished as provided by law, and each day of violation of any such zoning regulation constitutes a separate offense.

  11.  No such zoning regulation shall limit any existing use without the owner's consent or the payment of compensation for damages or loss resulting therefrom in the manner prescribed by chapter 523.

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(L. 1972 H.B. 1341 § 16)

Effective 2-04-72

*Word "to" appears here in original rolls.