§ 1001. Short title
§ 1001. Short title This chapter shall be known and may be cited as the “Airport Zoning Act.” (Added 1985, No. 222 (Adj. Sess.), § 2.)
§ 1002. Airport zoning commission
§ 1002. Airport zoning commission Prior to the initial zoning of any airport hazard area under this chapter, the political subdivision or joint airport zoning board which is to adopt the regulations shall appoint a commission, to be known as the airport zoning commission, to recommend the boundaries of the various zones to be established […]
§ 1003. Joint zoning board; powers
§ 1003. Joint zoning board; powers If an airport hazard area appertaining to an airport is located outside the territorial limits of the political subdivision which owns or controls the airport, the political subdivision owning or controlling the airport and the political subdivision within which the airport hazard area is located, by ordinance or resolution […]
§ 1004. Zoning regulations generally
§ 1004. Zoning regulations generally Any political subdivision having an airport hazard area within its territorial limits may adopt, administer, and enforce in the manner and upon the conditions prescribed in this chapter airport zoning regulations for an airport hazard area, which regulations may divide the area into zones. Within the zones, the subdivision may […]
§ 1005. Incorporation in comprehensive zoning regulations
§ 1005. Incorporation in comprehensive zoning regulations In the event that a political subdivision adopts a comprehensive zoning ordinance regulating, among other things, the height of buildings, any airport zoning regulations applicable to the same area or portion of the area may be incorporated in and made a part of the comprehensive zoning regulations, and […]
§ 1006. Conflict with other regulations
§ 1006. Conflict with other regulations In the event of conflict between any airport zoning regulations adopted under this chapter and any other regulations applicable to the same area, whether the conflict be with respect to the height of an airport hazard, the use of land, or any other matter, and whether such other regulations […]
§ 1007. Adoption or amendment of airport zoning regulations
§ 1007. Adoption or amendment of airport zoning regulations Airport zoning regulations shall not be adopted, amended, or changed under this chapter except by action of the legislative body of the political subdivision in question, or the joint board provided for in section 1003 of this title, after a public hearing, at which parties in […]
§ 1008. Record and notice of regulations
§ 1008. Record and notice of regulations The regulations, or any amendments to the regulations, shall be recorded in the office of the clerk of each city and town in which any portion of the land to which the regulations apply is located. Notice that the regulations or amendments have been adopted shall be sent […]
§ 1009. Nature of regulations
§ 1009. Nature of regulations All airport zoning regulations adopted under this chapter shall be reasonable and none shall impose any requirement or restriction which is not reasonably necessary to effectuate the purposes of this chapter. In determining what regulations it may adopt, each political subdivision and joint airport zoning board shall consider, among other […]
§ 1010. Existing nonconforming use
§ 1010. Existing nonconforming use Airport zoning regulations adopted under this chapter shall not require the removal, lowering, or other change or alteration or prohibit the repair or replacement of any airport hazard not conforming to the regulations when adopted or amended, or otherwise interfere with the continuance of any nonconforming use, except as provided […]
§ 1011. Permits as to structures
§ 1011. Permits as to structures Airport zoning regulations adopted under this chapter may require that a permit be obtained before any new structure or use may be constructed or established and before any existing use or structure may be substantially changed, altered, or repaired. The permit shall be issued if the structure, as erected […]
§ 1012. Variance from regulations
§ 1012. Variance from regulations A person desiring to use his or her property in violation of airport zoning regulations adopted under this chapter may apply to the Board of Adjustment for a variance from the zoning regulations in question. The variances shall be allowed where a literal application or enforcement of the regulations would […]
§ 1013. Conditional permit or variance
§ 1013. Conditional permit or variance In granting any permit or variance under sections 1011-1013 of this title, if it deems such action advisable to accomplish the purposes of this chapter and reasonable in the circumstances, the administrative agency or board of adjustment may so condition the permit or variance as to require the owner […]
§ 1014. Administrative agency
§ 1014. Administrative agency All airport zoning regulations adopted under this chapter shall provide for the administration and enforcement of the regulations by an administrative agency which may be an agency created by the regulations or any official, board, or other existing agency of the political subdivision adopting the regulations or of one of the […]
§ 1015. Appeals to board of adjustment
§ 1015. Appeals to board of adjustment (a) A person aggrieved, or taxpayer affected, by any decision of an administrative agency made in its administration of airport zoning regulations adopted under this chapter, or any governing body of a political subdivision, or any joint airport zoning board, which is of the opinion that a decision […]
§ 1016. Powers of board of adjustment
§ 1016. Powers of board of adjustment (a) All airport zoning regulations adopted under this chapter shall provide for a board of adjustment to have and exercise the following powers: (1) to hear and decide appeals from any order, requirement, decision, or determination made by the administrative agency in the enforcement of the airport zoning […]
§ 1017. Appeals to Superior Court
§ 1017. Appeals to Superior Court (a) Any person aggrieved, or taxpayer affected, by any decision of a board of adjustment, or any governing body of a political subdivision or any joint airport zoning board, which is of the opinion that a decision of a board of adjustment is illegal, may present to the Superior […]
§ 1018. Violations
§ 1018. Violations The political subdivision or agency adopting zoning regulations under this chapter may institute in any court of competent jurisdiction, an action to prevent, restrain, correct, or abate any violation of this chapter or of airport zoning regulations adopted under this chapter, or of any order or ruling made in connection with their […]
§ 1019. Condemnation, appeals
§ 1019. Condemnation, appeals (a) The political subdivision within which the property or nonconforming structure or use is located, or the political subdivision owning the airport or served by it, may acquire such air right, navigation easement, or other estate or interest in the property or nonconforming structure or use in question, as may be […]
§ 1020. Penalties
§ 1020. Penalties A person who violates a provision of this chapter or any rule, order, or ruling adopted or made pursuant to this chapter shall be fined not more than $500.00 or imprisoned for not more than 90 days, or both. (Added 1985, No. 222 (Adj. Sess.), § 2; amended 2021, No. 105 (Adj. […]