Sec. 15-91. Adoption of airport zoning regulations.
Sec. 15-91. Adoption of airport zoning regulations. (a) Every municipality having within its territorial limits an area within which, according to an airport approach
plan adopted by the commissioner, measures should be taken for the protection of airport
approaches, shall adopt, administer and enforce, under the police power and in the manner and upon the conditions hereinafter prescribed, airport zoning regulations applicable
to such area, which regulations shall divide the area into zones and, within such zones,
specify the land uses permitted, and regulate and restrict the height to which structures
and trees may be erected or allowed to grow, as may be necessary to effectuate the
commissioner's approach plan for the airport.
(b) If a municipality has adopted or adopts a general zoning ordinance regulating,
among other things, the height of buildings, any airport zoning regulations adopted for
the same area or portion thereof under this section may be incorporated in and made a part
of such general zoning regulations and may be administered and enforced in connection
therewith, but such general zoning regulations shall not limit the effectiveness or scope
of the regulations adopted hereunder.
(c) Any zoning or other regulations applicable to any area within which, according
to the airport approach plan adopted by the commissioner, measures should be taken
for the protection of airport approaches, including any airport zoning regulations adopted
under this section and any zoning or other regulations dealing with the same or similar
matters adopted under authority other than that conferred by this section, shall be consistent with, and conform to, the commissioner's approach plan for such area, and shall be
amended from time to time as may be necessary to conform to any revision of the plan
that may be made by the commissioner.
(d) All airport zoning regulations adopted hereunder shall be reasonable, and none
shall require the removal, lowering or other change or alteration of any structure or tree
not conforming to the regulations when adopted or amended, or otherwise interfere with
the continuance of any nonconforming use, except as provided in subsection (a) of
section 15-93.
(e) If any municipality fails to adopt airport zoning regulations within a reasonable
time, the commissioner may, for the protection of public safety, adopt and from time
to time as may be necessary amend or repeal such regulations for such municipality
until airport zoning regulations herein provided for are adopted by such municipality.
(1953, S. 2416d; 1969, P.A. 768, S. 190.)
History: 1969 act replaced "commission", referring to aeronautics commission, with "commissioner", referring to
commissioner of transportation.
Cited. 185 C. 145.