§ 1-3-5 - Zoning powers of political subdivisions.
SECTION 1-3-5
§ 1-3-5 Zoning powers of politicalsubdivisions. – (1) In order to prevent the creation or establishment of airport hazards, everypolitical subdivision having an airport hazard area wholly or partly within itsterritorial limits shall adopt, administer, and enforce, under the police powerand in the manner and upon the conditions prescribed, airport zoningregulations for that part of the airport hazard area which is within itsterritorial limits, which regulations may divide the airport hazard area intozones, and, within those zones, specify the land uses permitted and regulateand restrict the height to which structures and trees may be erected or allowedto grow.
(2) A political subdivision which includes an airport hazardarea created by the location of a public airport shall adopt, administer, andenforce zoning ordinances pursuant to this chapter if the existingcomprehensive zoning ordinance for the political subdivision does not providefor the land uses permitted, and regulate and restrict the height to whichstructures may be erected or objects of natural growth may be allowed to growin, an airport hazard area.
(3) A political subdivision which includes an airport hazardarea created by the location of a public airport shall adopt, either in full orby reference, the provisions of part 77 of title 14 of the code of federalregulations, entitled "Objects Affecting Navigable Airspace" hereinafter knownas part 77.