§ 63-31. Adoption of airport zoning regulations.
§63‑31. Adoption of airport zoning regulations.
(a) Every politicalsubdivision may adopt, administer, and enforce, under the police power and inthe manner and upon the conditions hereinafter prescribed, airport zoningregulations, which regulations shall divide the area surrounding any airportwithin the jurisdiction of said political subdivision into zones, and, withinsuch zones, specify the land uses permitted, and regulate and restrict theheight to which structures and trees may be erected or allowed to grow. Inadopting or revising any such zoning regulations, the political subdivisionshall consider, among other things, the character of the flying operationsexpected to be conducted at the airport, the nature of the terrain, the heightof existing structures and trees above the level of the airport, thepossibility of lowering or removing existing obstructions, and the views of theagency of the federal government charged with the fostering of civilaeronautics, as to the aerial approaches necessary to safe flying operations atthe airport.
(b) In the event that apolitical subdivision has adopted, or hereafter adopts, a general zoningordinance regulating, among other things, the height of buildings, any airportzoning regulations adopted for the same area or portion thereof under thisArticle may be incorporated in and made a part of such general zoningregulations, and be administered and enforced in connection therewith, but suchgeneral zoning regulations shall not limit the effectiveness or scope of theregulations adopted under this Article.
(c) Any two or morepolitical subdivisions may agree, by ordinance duly adopted, to create a jointboard and delegate to said board the powers herein conferred to promulgate,administer and enforce airport zoning regulations to protect the aerialapproaches of any airport located within the corporate limits of any one ormore of said political subdivisions. Such joint board shall have as memberstwo representatives appointed by the chief executive officer of each politicalsubdivision participating in the creation of said board and a chairman electedby a majority of the members so appointed.
(d) The jurisdiction ofeach political subdivision is hereby extended to the promulgating, adopting,administering and enforcement of airport zoning regulations to protect theapproaches of any airport or landing field which is owned by said politicalsubdivision, although the area affected by the zoning regulations may belocated outside the corporate limits of said political subdivision. In case ofconflict with any airport zoning or other regulations promulgated by anypolitical subdivision, the regulations adopted pursuant to this section shallprevail.
(e) All airport zoningregulations adopted under this Article shall be reasonable, and none shallrequire the removal, lowering, or other change or alteration of any structureor tree not conforming to the regulations when adopted or amended, or otherwiseinterfere with the continuance of any nonconforming use, except as provided inG.S. 63‑32, subsection (a).
(f) A politicalsubdivision may not adopt an airport zoning regulation in violation of G.S. 63A‑18.(1941, c. 250, s. 3; 1945, cc. 300, 635; 1991, c. 749, s. 3.)