28-8461. Definitions In this article, unless the context otherwise requires: 1. " Accident potential zone one" means an area three thousand feet wide by five thousand feet long that starts at the end of each clear zone and that is centered and measured on the extended runway centerline, terminating eight thousand feet from the end […]
28-8462. Airport hazard; public nuisance; prevention and elimination A. It is declared that: 1. The creation or establishment of an airport hazard is a public nuisance and a public injury to the community served by an airport. 2. It is necessary in the interest of the public health, public safety and general welfare that the […]
28-8463. Acquisition of facilities or nonconforming property; exception A. If it is desired to remove, lower or otherwise terminate a nonconforming structure or use, if the approach protection necessary cannot be accomplished by airport zoning regulations under this article because of constitutional limitations or if it appears advisable that the necessary approach protection be provided […]
28-8464. Political subdivisions; airport zoning regulations To prevent an airport hazard, a political subdivision that has an airport hazard area within its territorial limits may adopt, administer and enforce airport zoning regulations for the airport hazard area, under the police power, in the manner and on the conditions prescribed in this section. The airport zoning […]
28-8465. Joint airport zoning board A. If an airport is owned or controlled by a political subdivision and an airport hazard area is located outside its territorial limits, the political subdivision that owns or controls the airport and the political subdivision within which the airport hazard area is located may establish a joint airport zoning […]
28-8466. Zoning regulations; relationships A. If a political subdivision has adopted or adopts a comprehensive zoning ordinance regulating the height of buildings, an airport zoning regulation applicable to the same area or portion of the same area may be: 1. Incorporated in and made a part of the comprehensive zoning regulation. 2. Administered and enforced […]
28-8467. Airport zoning regulations; procedure; airport zoning commission A. In adopting, amending and repealing an airport zoning regulation under this article, the political subdivision or joint airport zoning board shall follow the procedure prescribed by law for the adoption, amendment and repeal of comprehensive zoning regulations. B. Before the initial zoning of an airport hazard […]
28-8468. Airport zoning regulations; criteria; limitations A. Airport zoning regulations adopted under this article shall be reasonable and shall not impose a requirement or restriction that is not reasonably necessary to effectuate the purposes of this article. B. In determining what regulations it may adopt, a political subdivision and joint airport zoning board shall include […]
28-8469. Airport zoning regulations; administrative agency; duties A. Airport zoning regulations adopted under this article shall provide for the administration and enforcement of the regulations by either: 1. An administrative agency that may be an agency established by the regulations. 2. Any official, board or other existing agency of the political subdivision adopting the regulations. […]
28-8470. Permit A. An airport zoning regulation adopted under this article may require that a permit be obtained before a new structure or use may be constructed, established, substantially changed, altered or repaired. B. The airport zoning regulation provided in subsection A shall also provide that before a nonconforming structure or tree may be replaced, […]
28-8471. Variance A. A person who wants to erect or increase the height of a structure, permit the growth of a tree or otherwise use the person’s property in violation of an airport zoning regulation adopted under this article may apply to the board of adjustment for a variance from the airport zoning regulation in […]
28-8472. Permit; variance; condition; hazard indicators In granting a permit or variance under section 28-8470 or 28-8471, the administrative agency or board of adjustment, if it deems the action advisable to fulfill the purposes of this article and reasonable in the circumstances, may place a condition on the permit or variance that requires the owner […]
28-8473. Airport zoning regulations; board of adjustment; powers; composition; proceedings A. Airport zoning regulations adopted under this article shall provide for a board of adjustment that exercises the following powers: 1. Hear and decide appeals from an order, requirement, decision or determination made by the administrative agency in the enforcement of the airport zoning regulations […]
28-8474. Board of adjustment; appeals A. A person who is aggrieved or a taxpayer who is affected by a decision of an administrative agency made in the administration of airport zoning regulations adopted under this article, or a governing body of a political subdivision or a joint airport zoning board that is of the opinion […]
28-8475. Appeals; superior court A. A person who is aggrieved or a taxpayer who is affected by a decision of a board of adjustment, or a governing body of a political subdivision or a joint airport zoning board that is of the opinion that a decision of a board of adjustment is invalid, may file […]
28-8476. Violation; classification A violation of this article or of a regulation, order or ruling made pursuant to this article is a class 3 misdemeanor. Each day a violation continues is a separate offense.
28-8477. Remedies A. The political subdivision or agency adopting airport zoning regulations under this article may institute in a court of competent jurisdiction an action to restrain, correct or abate a violation of this article, an airport zoning regulation adopted under this article or an order or ruling made in connection with the administration or […]
28-8478. Resolutions; ordinances; vehicle operations in airports A. If an airport that is operated by a nonprofit corporation, as authorized by this article, is located outside the corporate limits of a city or town, the board of supervisors of the county in which the airport is located may adopt and enforce resolutions governing the parking […]
28-8479. Regulation; limitation A. This article does not authorize the governing body of a city or town or the board of supervisors of a county to restrict or limit the length or width of an airstrip or runway used for the landing and takeoff of aircraft. Any such restriction or limitation is void. B. This […]
28-8480. Military airport continuation; land acquisition In addition to authority granted pursuant to other provisions of law, a political subdivision may acquire, by exchange, purchase, lease, donation, devise or condemnation, land or interests in land for the continued operation of a military airport or ancillary military facility.
