21-504 PROCEDURE FOR ZONING AN AVIATION HAZARD AREA.

TITLE 21

AERONAUTICS

CHAPTER 5

AIRPORT ZONING ACT

21-504. Procedure for zoning an aviation hazard area. No aviation hazard shall be zoned or an existing zoning amended or changed by the department except after a public hearing in relation thereto, at which hearing parties in interest and any citizen shall have an opportunity to be heard. At least fifteen (15) days’ notice of such hearing shall be published in a newspaper of general circulation printed in the county in which such aviation hazard is situated and if there be no such newspaper, then by posting a copy of the notice in three (3) of the most public places in the county.

The notice shall refer all persons interested to the maps of the area involved and the proposed regulations on file with the county recorder of the county in which the airport is located. The date, time and place of the hearings shall also be set forth in the notice. At such hearing all persons interested may appear either in person, in writing or by counsel and make any objections they may have to the proposed regulations. The director shall preside at the hearing and a record of all objections filed shall be kept on file in the office of the director. The meeting may be continued from day to day to permit all who appear on the day of the hearing adequate time to be heard and the proposed regulations may at the conclusion of the hearing be declared adopted by the director or he may amend the regulations by lessening the requirements contained therein and declare the amended regulations adopted but the director shall not increase the regulations without repeating the notice provided for by this section. After the regulations have been adopted copies thereof and copies of the maps corrected to reflect the regulations as approved by the director shall be permanently filed with the county recorder of the county in which the airport or any part thereof is situated.