§ 14-363-303 - Promulgation and enforcement of regulations.
14-363-303. Promulgation and enforcement of regulations.
(a) All counties and cities of any class and towns are empowered to promulgate and enforce zoning regulations with respect to United States airports in the manner provided in this section by dividing the area surrounding the airports into zones and limiting the height of all existing and future structures and objects of natural growth therein.
(b) (1) Cities and towns within fifty thousand feet (50,000') of a United States airport are empowered to promulgate and enforce zoning regulations within their respective city limits only.
(2) Counties are empowered to promulgate and enforce zoning regulations in the area thereof within fifty thousand feet (50,000') of a United States airport which is not within the limits of a city or town.
(c) Zoning regulations promulgated for the benefit of United States airports shall conform to and be consistent with United States Air Force standards and specifications and such waivers of the zoning regulations as may be made by the United States Government.
(d) The governing body of any county, city, or town may delegate the power to promulgate, administer, and enforce airport zoning regulations granted by this subchapter to any zoning board or planning commission under its jurisdiction, and it may authorize one (1) agency to promulgate the regulations and another to administer and enforce them.
(e) (1) In counties not having a county planning board, the board shall promulgate the regulations contemplated in this section in accordance with the procedure prescribed by 14-17-201, 14-17-202, 14-17-204 -- 14-17-209, and 14-17-211.
(2) In counties not having a county planning board, the county judge, along with four (4) residents of the county to be selected by the judge, shall compose a board to be known as the "county airport planning board." This board shall promulgate the regulations contemplated in accordance with the procedure prescribed in 14-17-201, 14-17-202, 14-17-204 -- 14-17-209, and 14-17-211.
(f) A county, city, or town is entitled to the remedy of either affirmative or negative injunction to enforce its regulations.