305.575. Airport hazards, zoning--zoning committee--regulations, variances--penalty. - Missouri Statutes

Airport hazards, zoning--zoning committee--regulations,variances--penalty.

305.575. 1. It is hereby found that an airport hazardendangers the lives and property of users of the airport and ofoccupants of land in its vicinity and impairs the utility of theairport and the public investment therein. Accordingly, it ishereby declared that the creation or establishment of an airporthazard is a public nuisance and an injury to the community servedby the airport and it is therefore necessary in the interest ofthe public health, safety and general welfare that the creationor establishment of airport hazards be prevented to the extentlegally possible. The authority may for airspace clearance andnavigational purposes provide for the zoning of all territorywithin two miles of the boundaries of an instrument authorityairport and within one mile of the boundaries of a noninstrumentauthority airport for the purpose and intent of preventing oreliminating hazards on the ground and in the air which obstructor interfere with the use of an authority airport, such asnatural and man-made obstructions, lights, smoke and electronicinterferences.

2. No such zoning regulation shall limit any existing use orrequire the reduction in height of any existing structure withoutthe owner's consent or the payment of compensation for damages orloss resulting therefrom.

3. It is further declared that both the prevention of thecreation or establishment of airport hazards and the elimination,removal, alteration, mitigation, abatement, or marking, lightingor shielding of existing airport hazards are public purposes forwhich the authority may expend funds and acquire land or propertyrights therein.

4. The chairman shall establish an airport zoning committeeconsisting of five members of the authority, not more than one ofwhich shall be representatives of the same area within theboundaries of the authority. Each member so appointed shallserve as a member of the committee during his term as member ofthe authority. The committee shall recommend the adoption ofzoning regulations and* hear appeals for the zoning of authorityairports.

5. Before any zoning regulations are made or changed, exceptpermissible variances, the committee shall hold at least onepublic hearing at which any interested person may appear inperson or by counsel to present his views. The public hearingsshall be held only after notice thereof has been given bypublication in a newspaper having general circulation within thearea subject to the zoning regulations once each week for fourconsecutive weeks next preceding the time set for the hearing andby posting the same notice in ten conspicuous places within thearea, and all costs of the publication shall be paid for by theauthority.

6. Zoning regulations of the authority shall be adopted,decided, revised or altered, only upon the affirmative vote of amajority of those members of the committee present at the publichearing or at some meeting within thirty days thereafter at whichat the time of voting a majority of the entire committee ispresent. In the event of conflict between any airport zoningregulations adopted pursuant to the provisions of this sectionand some other permissible zoning regulation, the more stringentlimitation or requirement shall govern and prevail.

7. All airport zoning regulations adopted by the authorityunder sections 305.500 to 305.585 shall be enforced by the cityor county agency in which the zoning is applicable and which hasthe duty of enforcing zoning and building regulations withintheir area. The authority shall provide each city and countyzoning agency with maps, charts, and visual displays as necessaryand convenient for a coordinated, efficient and effectiveenforcement. The authority shall provide each city and countyzoning agency technical advice and representation when sorequested for the purposes of sections 305.500 to 305.585.

8. Any person, firm or corporation desiring to erect anystructure or to change any existing structure or to permit anynatural growth in variance of zoning regulations made pursuant tothe provisions of this section shall apply for permission to makesuch 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 zoning board maydeem necessary to effectuate the purpose of this section. Ingranting any variance, the authority shall require, and theperson, firm, or corporation seeking the variance shall install,operate and maintain thereon, at the expense of said person,firm, or corporation seeking the variance, such markers, lightsand shielding as may be necessary to indicate to flyers thepresence of any hazard, obstruction and interference which mayresult from the variance.

9. Any person, firm or corporation or any politicalsubdivision which believes it has been aggrieved by any decisionregarding zoning regulations made by the airport authority mayappeal to the circuit court of the county in which the zoningregulations applies for judicial review of the regulation and themethod in which it was adopted. The action must be begun withinthirty days after the regulation becomes effective, and the courtshall hear the issues and make its determination in the samemanner as judicial review may be had for any other administrativedecision.

10. Any person, firm or corporation violating any of theprovisions of sections 305.500 to 305.585 or acting contrary toany zoning regulation which may be adopted pursuant to theprovisions of sections 305.500 to 305.585 is guilty of amisdemeanor, and upon conviction thereof shall be punished asprovided by law, and each day of violation of any such zoningregulation constitutes a separate offense.

11. 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.

(L. 1972 H.B. 1341 § 16)

Effective 2-4-72

*Word "to" appears here in original rolls.