Title 05, Title 05: Aeronautics and Surface Transportation

§ 1005. Incorporation in comprehensive zoning regulations In the event that a political subdivision adopts a comprehensive zoning ordinance regulating, among other things, the height of buildings, any airport zoning regulations applicable to the same area or portion of the area m…

§ 1006. Conflict with other regulations In the event of conflict between any airport zoning regulations adopted under this chapter and any other regulations applicable to the same area, whether the conflict be with respect to the height of an airport hazard, the use of land, or a…

§ 1007. Adoption or amendment of airport zoning regulations Airport zoning regulations shall not be adopted, amended, or changed under this chapter except by action of the legislative body of the political subdivision in question, or the joint board provided for in section 1003 o…

§ 1008. Record and notice of regulations The regulations, or any amendments to the regulations, shall be recorded in the office of the clerk of each city and town in which any portion of the land to which the regulations apply is located. Notice that the regulations or amendments…

§ 1009. Nature of regulations All airport zoning regulations adopted under this chapter shall be reasonable and none shall impose any requirement or restriction that is not reasonably necessary to effectuate the purposes of this chapter. In determining what regulations it may ado…

§ 1010. Existing nonconforming use Airport zoning regulations adopted under this chapter shall not require the removal, lowering, or other change or alteration or prohibit the repair or replacement of any airport hazard not conforming to the regulations when adopted or amended, o…

§ 1011. Permits as to structures Airport zoning regulations adopted under this chapter may require that a permit be obtained before any new structure or use may be constructed or established and before any existing use or structure may be substantially changed, altered, or repair…

§ 1012. Variance from regulations A person desiring to use his or her property in violation of airport zoning regulations adopted under this chapter may apply to the board of adjustment for a variance from the zoning regulations in question. The variances shall be allowed where a…

§ 1013. Conditional permit or variance In granting any permit or variance under sections 1011-1013 of this title, if it deems such action advisable to accomplish the purposes of this chapter and reasonable in the circumstances, the administrative agency or board of adjustment may…

§ 1014. Administrative agency All airport zoning regulations adopted under this chapter shall provide for the administration and enforcement of the regulations by an administrative agency that may be an agency created by the regulations or any official, board, or other existing a…

§ 1015. Appeals to board of adjustment (a) A person aggrieved, or taxpayer affected, by any decision of an administrative agency made in its administration of airport zoning regulations adopted under this chapter, or any governing body of a political subdivision, or any joint air…

§ 1016. Powers of board of adjustment (a) All airport zoning regulations adopted under this chapter shall provide for a board of adjustment to have and exercise the following powers: (1) to hear and decide appeals from any order, requirement, decision, or determination made by th…

§ 1017. Appeals to Superior Court (a) Any person aggrieved, or taxpayer affected, by any decision of a board of adjustment, or any governing body of a political subdivision or any joint airport zoning board, that is of the opinion that a decision of a board of adjustment is illeg…

§ 1018. Violations The political subdivision or agency adopting zoning regulations under this chapter may institute in any court of competent jurisdiction, an action to prevent, restrain, correct, or abate any violation of this chapter or of airport zoning regulations adopted und…

§ 1019. Condemnation; appeals (a) The political subdivision within which the property or nonconforming structure or use is located, or the political subdivision owning the airport or served by it, may acquire such air right, navigation easement, or other estate or interest in the…

§ 1020. Penalties A person who violates a provision of this chapter or any rule, order, or ruling adopted or made pursuant to this chapter shall be fined not more than $500.00 or imprisoned for not more than 90 days, or both. (Added 1985, No. 222 (Adj. Sess.), § 2; amended 2021, …