42-6-116 - Incompatible use prohibited Airport noise compatibility plan not required.
42-6-116. Incompatible use prohibited Airport noise compatibility plan not required.
(a) (1) Notwithstanding this chapter or any zoning ordinance or resolution created under the powers granted pursuant to title 13, chapter 7, part 1 or 2, or pursuant to any private act, no structure shall be erected or use of land approved that would create an incompatible use. The appropriate local governing body shall give adequate notice to any affected airport governing body of any proposal for a zoning classification change or building variance before the local governing body considers the change or variance.
(2) Any airport that has not conducted an airport noise compatibility plan, pursuant to title 14 of the Code of Federal Regulations, part 150, shall not be required to conduct such a study, nor shall it be required to adopt zoning for purposes of addressing incompatible use.
(b) Subsection (a) does not apply in any county having a metropolitan form of government and having a population greater than one hundred thousand (100,000), according to the 1990 federal census or any subsequent federal census.
[Acts 1992, ch. 594, §§ 5, 6.]