305.580. Noise zoning--major airport land use zoning committee--regulation, variances, procedures.
Noise zoning--major airport land use zoning committee--regulation,variances, procedures.
305.580. 1. It is hereby found that the location of a newmajor airport will increase the value and rate of development ofthe land adjacent to the site; that the control of suchdevelopment will be of benefit to the entire community; that theassessed value of taxable property and the tax resources will besignificantly greater; and that the protection of inhabitants andthe natural resources of the area is necessary to the enhancementof the community and to encourage the compatible existence of theairport and the community. Accordingly it is recognized thatlarge aircraft generate noise which is objectionable to certaintypes of development and land use but is necessary for the safeand efficient flight of the aircraft and its service to theairport. Therefore, to encourage the successful coexistence ofthe community and the airport, to enhance the environment, andthe general welfare of the community, and provide for the orderlydevelopment generated by a major airport, the authority, tominimize the adverse effects of aircraft noise, and in additionto zoning powers given in section 305.575, may provide for theland use zoning of all territory, for noise compatibility,included in a rectangle extending seven miles from each end of arunway and one and one-half miles each side of a runwaycenterline for each proposed and planned future runway for amajor airport site.
2. No such zoning regulation shall limit any existing usewithout the owner's consent or the payment of compensation fordamages or loss resulting therefrom in the manner prescribed bychapter 523, RSMo.
3. Within one hundred and twenty days after the selectionand approval of a site for a new major airport, the authorityshall determine the probable levels of noise which will resultfrom the operation of aircraft using the site and establishaircraft noise zones based thereon applicable to the propertyaffected by such noise. As aircraft noise characteristics changewith improved technology, the authority may make changes in theaircraft noise zones. No property shall be used, and nobuildings or other structure shall be constructed or improved,within any aircraft noise zone, so that persons using theproperty and buildings are subjected to a level of noise inexcess of the acceptable level established by the authority forthat land use.
4. It is further declared that both the control andestablishment of compatible land use are public purposes forwhich the authority may expend funds and acquire land or propertyrights therein. The authority may retain any property acquiredpursuant to this section and use it for a lawful purpose, or itmay provide for the sale or other disposition.
5. The chairman of the authority shall establish a fivemember major airport land use zoning committee consisting ofthree members of the authority, one of which shall be arepresentative of the same county in which the major airport isto be located, and two of which shall be citizens residing in thecounty in which the major airport is to be located. Each memberof the major airport land use zoning committee shall serve as amember of the committee during his term as member of theauthority and a citizen member shall serve a term of two years.The committee shall recommend the adoption of zoning regulationsand hear appeals for the land use zoning.
6. Zoning regulations made or changed pursuant to theprovisions of this section shall be made in the same manner asthat provided in section 305.575, including the provisions fornotice, and any person, firm or corporation or any politicalsubdivision which believes it has been aggrieved by any decisionregarding zoning regulations made by the airport authoritypursuant to the provisions of this section may appeal thatdecision in the same manner as that provided in section 305.575.
7. Any person, firm or corporation desiring to erect anystructure or to change any existing structure or to permit anynoncompliance use in variance of zoning regulations made pursuantto the provisions of this section shall apply for permission tomake such variance with the authority. Such variances shall beallowed if a literal application or enforcement of theregulations would result in practical difficulty or unnecessaryhardship and the relief granted would not be contrary to thepublic interest but would do substantial justice and be inaccordance with the spirit of the regulations and the provisionsof sections 305.500 to 305.585, but any variance shall be subjectto such reasonable conditions as the airport land use zoningboard may deem necessary to effectuate the purposes of thissection. In granting any variance, the authority shall require,and the person, firm, or corporation seeking the variance shallinstall, operate and maintain thereon, at the expense of saidperson, firm, or corporation seeking the variance, suchsoundproofing, lights and protection as may be necessary toprotect people and the use of the land from objectionable andadverse aircraft noise which may result from the variance.
(L. 1972 H.B. 1341 § 17)Effective 2-4-72