[HISTORY: Adopted by the Board of Commissioners of the Township
of North Huntingdon 1-14-1987 by Ord. No. 667[1] (Ch. 54 of the 1975 Township Code). Amendments noted where
applicable.]
GENERAL REFERENCES
Planning Commission — See Ch. 86.
Floodplain management — See Ch. 288.
Stormwater management — See Ch. 472.
Subdivision and land development — See Ch. 485.
Zoning — See Ch. 555.
[1]
Editor's Note: See also Addendum 1 attached to this chapter. The Table of Airport Hazard Area Slopes, which was included as an appendix to this ordinance, is on file in the Township offices.
A.
This chapter shall be known and may be cited as the "Inter County
Airport Zoning Ordinance."
B.
This chapter shall be described as an ordinance regulating and restricting
the height of structures and objects of natural growth and otherwise
regulating the use of property in the vicinity of the Inter County
Airport by creating the appropriate zones and establishing the boundaries
thereof; providing for changes in the restrictions and boundaries
of such zones; defining certain terms used herein; referring to the
Inter County Airport Height Limitation and Zoning District Map, which
is incorporated in and made a part of this chapter; providing for
enforcement; establishing a Zoning Hearing Board; and imposing penalties.
A.
This chapter is adopted pursuant to the authority conferred by Act
No. 164 of 1984, codified at 74 Pa.C.S.A. § 5101 et seq.
It is hereby found that an obstruction has the potential for endangering
the lives and property of users of the Inter County Airport and property
or occupants of land in its vicinity, that an obstruction may affect
existing and future instrument approach minimums of the Inter County
Airport and that an obstruction may reduce the size of areas available
for the landing, takeoff and maneuvering of aircraft, thus tending
to destroy or impair the utility of the Inter County Airport and the
public investment therein.
B.
Accordingly, it is declared:
(1)
That the creation or establishment of an obstruction has the potential
of being a public nuisance and may injure the region served by the
Inter County Airport.
(2)
That it is necessary in the interest of the public health, safety,
morals and general welfare that the creation or establishment of obstructions
that are a hazard to air navigation be prevented.
(3)
That the prevention of these obstructions should be accomplished,
to the extent legally possible, by the exercise of the police power
without compensation.
C.
It is further declared that the prevention of the creation or establishment
of hazards to air navigation; the elimination, removal, alteration
or mitigation of hazards to air navigation; or the marking and lighting
of obstructions are public purposes for which a political subdivision
may raise and expend public funds and acquire land or interests in
land.
The following words and phrases, when used in this chapter,
shall have the meanings given to them in this section, unless the
context clearly indicates otherwise:
Any contrivance, except an empowered hang glider or parachute,
used for manned ascent into or flight through the air. See 74 Pa.C.S.A.
§ 5102.
Refers to the "Inter County Airport." It is defined as any
area of land or water which is used or intended to be used for the
landing and takeoff of aircraft and any appurtenant areas which are
used or intended to be used for airport buildings or air navigation
facilities or rights-of-way, together with all airport buildings and
facilities thereon. See 74 Pa.C.S.A. § 5102. The term "airport"
shall not include heliports. Private and public airports are defined
separately in this section.
The highest point of an airport's usable landing area measured
in feet from sea level; as used herein, 1,250 feet above mean sea
level.
Any area of land or water upon which a hazard to air navigation
(an airport hazard) might be established if not prevented as provided
by these regulations and Act No. 164 of 1984.[1]
A surface longitudinally centered on the extended runway center line, extending outward and upward from the end of the primary surface and at the same slope as the approach zone height limitation slope set forth in § 156-5 of this chapter. In plan, the perimeter of the "approach surface" coincides with the perimeter of the approach zone.
These zones are shown in the illustration "Isometric View
of Airport Zones."[2]
A surface extending outward and upward from the periphery
of the horizontal surface at a slope of 20:1 for a horizontal distance
of 4,000 feet.
The Pennsylvania Department of Transportation.
The Federal Aviation Administration of the United States
Department of Transportation.
Any structure or object, natural or man-made, or use of land
which obstructs the airspace required for flight or aircraft in landing
or taking off at an airport or is otherwise hazardous as defined by
"airport hazard" in 74 Pa.C.S.A. § 5102.
For the purpose of determining the height limits in all zones
set forth in this chapter, and shown on the Zoning Map,[3] the datum shall be mean sea level elevation unless otherwise
specified.
A horizontal plane 150 feet above the established airport
elevation, the perimeter of which, in plan, coincides with the perimeter
of the horizontal zone.
A runway that is constructed for and intended to be used
by propeller-driven aircraft of greater than 12,500 pounds' maximum
gross weight and jet-powered aircraft.
Any preexisting structure, object of natural growth or use
of land which is inconsistent with the provisions of this chapter
or an amendment thereto.
A runway having an existing instrument approach procedure
utilizing air navigation facilities with only horizontal guidance,
or area-type navigation equipment, for which a straight-in nonprecision
instrument approach procedure has been approved or planned.
Any structure, growth or other object, including a mobile object, which exceeds a limiting height set forth in § 156-5 of this chapter.
An individual, firm, partnership, corporation, company, association,
joint-stock association or governmental entity and includes a trustee,
a receiver, an assignee or a similar representative of any of the
above.
A runway having an existing instrument approach procedure
utilizing an instrument landing system (ILS) or a precision approach
radar (PAR). It also means a runway for which a precision approach
system is planned and is so indicated on an approved airport layout
plan or any other planning document.
A surface longitudinally centered on a runway. When the runway has a specially prepared hard surface, the primary surface extends 200 feet beyond each end of that runway; for military runways or when the runway has no specially prepared hard surface or planned hard surface, the primary surface ends at each end of that runway. The width of the primary surface is set forth in § 156-4 of this chapter. The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway center line.
An airport which is privately owned and which is not open
or intended to be open to the public as defined in 74 Pa.C.S.A. § 5102.
An airport which is either publicly or privately owned and
which is open to the public as defined in 74 Pa.C.S.A. § 5102.
A defined area on an airport prepared for the landing and
takeoff of aircraft along its length.
An object, including a mobile object, constructed or installed by man, including, but without limitation, buildings, towers, cranes, smokestacks, earth formation and overhead transmission lines. (See Addendum 2 attached to this chapter.)
These surfaces which extend outward at ninety-degree angles to the runway center line and the runway
center line extended at a slope of seven feet horizontally for each
foot vertically from the sides of the primary and approach surfaces
to where they intersect the horizontal and conical surfaces. "Transitional
surfaces" for those portions of the precision approach surfaces which
project through and beyond the limits of the conical surface extend
a distance of 5,000 feet measured horizontally from the edge of the
approach surface and at ninety-degree angles to the extended runway
center line.
Any object of natural growth.
A runway that is constructed for and intended to be used
by propeller-driven aircraft of 12,500 pounds maximum gross weight
and less.
A runway intended solely for the operation of aircraft using
visual approach procedures.
In order to carry out the provisions of this chapter, there are hereby created and established certain airport zoning districts (AZDs), which include all of the land lying beneath the approach surfaces, transitional surfaces, horizontal surfaces and conical surfaces as they apply to the Inter County Airport. Such zones are visually depicted on the Height Limitation and Airport Zoning District Map prepared by the Southwestern Pennsylvania Regional Planning Commission, and dated Spring of 1986, which is attached to this chapter and made a part hereof.[1] An area located in more than one of the following zones
is considered to be only in the zone with the more restrictive height
limitation.
A.
The following AZDs are established for the Inter County Airport and
the Allegheny County Airport:
|
Inter County Airport Zoning Districts
| |
|---|---|
|
Primary Surface Zoning District
|
AZD-1
|
|
Utility Runway Visual Approach Zoning District
|
AZD-2
|
|
Transitional Zoning District (adjacent to Approach Zoning Districts)
|
AZD-3
|
|
Horizontal Zoning District
|
AZD-4
|
|
Conical Zoning District
|
AZD-5
|
|
Allegheny County Airport Zoning Districts
| |
|---|---|
|
Precision Instrument Runway Approach Zoning District (RW 28)
|
AZD-6
|
B.
The airport zoning districts for the Inter County Airport are defined
as follows:
(1)
Primary Surface Zone (AZD-1). The Primary Surface Zone is a surface
longitudinally centered on a runway. When the runway has no specially
prepared hard surface or planned hard surface, the primary surface
ends at each end of that runway. The width of the primary surface
is set forth, for each runway, in the following definitions.
(2)
Utility Runway Visual Approach Zone (AZD-2). The inner edge of this approach zone coincides with the width of the primary surface and is 250 feet wide. (See Addendum 3 attached to this chapter.) The approach zone expands outward uniformly to a width of 1,250 feet at a horizontal distance of 5,000 feet from the primary surface. Its center line is the continuation of the center line of the runway.
(3)
Transitional Zones (AZD-3). The Transitional Zones are the areas beneath the transitional surfaces. (See definition of "transitional surfaces" in § 156-3.)
(4)
Horizontal Zone (AZD-4). The Horizontal Zone is established by swinging arcs of 5,000 feet radii from the center of each end of the primary surface of each runway and connecting the adjacent arcs by drawing lines tangent to those arcs. (See Addendum 4 attached to this chapter.) The Horizontal Zone does not include the Approach and Transitional Zones.
(5)
Conical Zone (AZD-5). The Conical Zone is established as the area
that commences at the periphery of the Horizontal Zone and extends
outward therefrom a horizontal distance of 4,000 feet. It is established
here by swinging arcs of 9,000 feet from the center of each end of
the primary surface of each runway.
C.
The airport zoning districts for the Allegheny County Airport are
defined as follows:
(1)
Precision Instrument Runway Approach Zone (AZD-6). The inner edge of this approach zone coincides with the width of the primary surface and is 1,000 feet wide. (See Addendum 3 attached to this chapter.) The approach zone expands outward uniformly to a width of 16,000 feet at a horizontal distance of 50,000 feet from the primary surface. Its center line is the continuation of the center line of the runway.
[1]
Editor's Note: The map is on file in the Township offices.
Except as otherwise provided in this chapter, no structure shall
be erected, altered or maintained and no tree shall be allowed to
grow in any zone created by this chapter to a height in excess of
the applicable height limit herein established for such zone. Such
applicable height limitations are hereby established for each of the
zones in question as follows:
A.
The Utility Runway Visual Approach Zone slopes 20 feet outward for
each foot upward beginning at the end of and at the same elevation
as the primary surface and extending to a horizontal distance of 5,000
feet along the extended runway center line.
B.
Transitional Zones slope seven feet outward for each foot upward
beginning at the sides of and at the same elevation as the primary
surface and the approach surface and extending to a height of 150
feet above the airport elevation, which is 1,250 feet above mean sea
level. In addition to the foregoing, there are established height
limits sloping seven feet outward for each foot upward beginning at
the sides of and at the same elevation as the approach surface and
extending to where they intersect the conical surface. Where the Precision
Instrument Runway Approach Zone projects beyond the Conical Zone,
there are established height limits sloping seven feet outward for
each foot upward beginning at the sides of and at the same elevation
as the approach surface and extending a horizontal distance of 5,000
feet measured at ninety-degree angles to the extended runway center
line.
C.
The Horizontal Zone is established at 150 feet above the airport
elevation or at a height of 1,400 feet above mean sea level.
D.
The Conical Zone slopes 20 feet outward for each foot upward beginning
at the periphery of the Horizontal Zone and at 150 feet above the
airport elevation and extending to a height of 350 feet above the
airport elevation; as used herein, 1,600 feet.
E.
The Precision Instrument Runway Approach Zone slopes 50 feet outward
for each foot upward beginning at the end of and at the same elevation
as the primary surface and extending to a horizontal distance of 10,000
feet along the extended runway center line; thence slopes upward 40
feet horizontally for each foot vertically to an addition horizontal
distance of 40,000 feet along the extended runway center line.
A.
Reasonableness. All airport zoning regulations adopted under this chapter shall be reasonable; none shall impose any requirement or restriction unless it is reasonably necessary to effectuate the purposes of this chapter. In determining what regulations it may adopt, each municipality and Joint Airport Zoning Board shall consider, among other factors, the character of the flying operations expected to be conducted at the airport, the nature of the terrain within the airport hazard area, the character of the neighborhood and the uses to which the property to be zoned is put and adaptable. (See Addendum 5 attached to this chapter.)
B.
Use restrictions. Notwithstanding any other provisions of this chapter,
no use may be made of land or water within any zone established by
this chapter in such a manner as to create electrical interference
with navigational signals or radio communication between the airport
and aircraft, make it difficult for pilots to distinguish between
airport lights and others, result in glare in the eyes of pilots using
the airport, impair visibility in the vicinity of the airport, create
bird strike hazards or otherwise in any way endanger or interfere
with the landing, takeoff or maneuvering of aircraft intending to
use the airport.
C.
Nonconforming uses.
(1)
Regulations not retroactive. The regulations prescribed by this chapter shall not be construed to require the removal, lowering or other change or alteration of any structure or tree not conforming to the regulations as of the effective date of this chapter or to otherwise interfere with the continuance of any nonconforming use, except as provided in § 156-7, relating to permits and variances. (See Addendum 6 attached to this chapter.) Nothing contained herein shall require any change in the construction, alteration or intended use of any structure, the construction or alteration of which was begun prior to the effective date of this chapter and which is diligently prosecuted.
(2)
Marking and lighting. Notwithstanding the preceding provision of
this section, the owner of any existing nonconforming structure or
tree is hereby required to permit the installation, operation and
maintenance thereon of such markers and lights as shall be deemed
necessary by the Airport Manager to indicate to the operators of aircraft
in the vicinity of the airport the presence of such airport obstruction.
Such markers and lights shall be installed, operated and maintained
at the expense of either the Inter County Airport owner or the Allegheny
County Department of Aviation or the Westmoreland County Airport Authority.
A.
Future uses. (See Addendum 7 attached to this chapter.)
(1)
Except as specifically provided in Subsection A(1)(a), (b) and (c) hereunder, no material change shall be made in the use of land, no structure shall be erected or otherwise established and no tree shall be planted in any zone hereby created unless a permit therefor shall have been applied for and granted. Each application for a permit shall indicate the purpose for which the permit is desired, with sufficient particularity to permit it to be determined whether the resulting use, structure or tree would conform to the regulations herein prescribed. If such determination is in the affirmative, the permit shall be granted. No permit for a use inconsistent with the provisions of this chapter shall be granted unless a variance has been approved in accordance with Subsection D.
(a)
In the area lying within the limits of the Horizontal Zone and
Conical Zone, no permit shall be required for any tree or structure
less than 75 feet of vertical height above the ground, except when,
because of terrain, land contour or topographic features, such tree
or structure would extend above the height limits prescribed for such
zones.
(b)
In areas lying within the limits of the Approach Zone but at
a horizontal distance of not less than 4,200 feet from each end of
the runway, no permit shall be required for tree or structure less
than 75 feet of vertical height above the ground, except when such
tree or structure would extend above the height limit prescribed for
such Approach Zones.
(c)
In the areas lying within the limits of the Transition Zones
beyond the perimeter of the Horizontal Zone, no permit shall be required
for any tree or structure less than 75 feet of vertical height above
the ground, except when such tree or structure, because of terrain,
land contour or topographic feature, would extend above the height
limit prescribed for such Transition Zones.
(2)
Nothing contained in any of the foregoing exceptions shall be construed
as permitting or intending to permit any construction or alteration
of any structure or growth of any tree in excess of any of the height
limits established by this chapter.
B.
Existing uses. A permit shall be obtained before any existing use or structure may be substantially changed, but no permit may be required to make maintenance repairs to or to replace parts of existing structures which do not enlarge or increase the height of an existing structure. However, all regulations shall provide that before any nonconforming structure may be replaced, substantially altered or rebuilt or tree allowed to grow higher or replanted, a permit must be secured from the municipality authorizing the replacement or change. Applications for permits shall only be granted unless to do so would allow the establishment or creation of an airport hazard or permit a nonconforming structure or object of natural growth or nonconforming use to be made or become higher or become a greater hazard to air navigation than it was when the applicable regulation was adopted or than it is when the application for a permit is made. (See Addendum 7 attached to this chapter.)
C.
Nonconforming uses abandoned or destroyed. Whenever the Code Enforcement
Officer determines that a nonconforming tree or structure has been
abandoned or more than eighty-percent torn down, physically deteriorated
or decayed, no permit shall be granted that would allow such structure
or tree to exceed the applicable height limit or otherwise deviate
from the zoning regulations.
D.
Variances. Any person desiring to erect or increase the height of any structure or permit the growth of any object of natural growth or otherwise use his property in violation of this chapter may apply to the Zoning Hearing Board for a variance from such regulations. A variance shall only be granted after the requirements of § 156-8 are satisfied. A variance may be allowed where a literal application or enforcement of the regulations would result in practical difficulty or unnecessary hardship and the relief granted would not be contrary to the public interest, would not create a hazard to air navigation but would do substantial justice and would be in accordance with the spirit of this chapter. Additionally, no application for variance to the requirements of this chapter may be considered by the Zoning Hearing Board unless a copy of the application has been furnished to the Airport Manager for advice as to the aeronautical effects of the variance. If the Airport Manager does not respond to the application within 15 days after receipt, the Zoning Hearing Board may act on its own to grant or deny said application. (See Addendum 8 attached to this chapter.)
E.
Hazard marking and lighting. In granting any permit or variance under this section, the Board shall, if it deems the action advisable to effectuate the purposes of this chapter and reasonable under the circumstances, so condition the permit or variance as to require the owner of the structure or object of natural growth in question to permit the municipality, at its own expense, or require the person or persons requesting the permit or variance to install, operate and maintain thereon such markers and lights as may be required by guidelines or regulations adopted by the FAA. (See Addendum 9 attached to this chapter.)
A.
Local enforcement. It shall be the duty of the Code Enforcement Officer
to administer and enforce the regulations prescribed herein.
B.
Applications. Applications for permits and variances shall be made
to the Code Enforcement Officer upon a form published for that purpose.
Applications required by this chapter to be submitted to the Code
Enforcement Officer shall be promptly considered and granted or denied.
Application for action by the Zoning Hearing Board shall be forthwith
transmitted by the Code Enforcement Officer.
C.
Notice to Department. Notwithstanding any other provision of law, a municipality or board which decides to grant a permit or variance under this chapter shall notify the Department of Transportation of its decision. This notice shall be in writing and shall be sent so as to reach the Department at least 10 days before the date upon which the decision is to issue. (See Addendum 10 attached to this chapter.)
A.
Powers. There is hereby created a Zoning Hearing Board to have and
exercise the following powers:
(1)
To hear and decide appeals from any order, requirement, decision
or determination made by the Code Enforcement Officer in the enforcement
of this chapter.
(2)
To hear and decide special exceptions to the terms of this chapter
upon which such Zoning Hearing Board under such regulations may be
required to pass.
(3)
To hear and decide specific variances.
B.
Creation; members; removal. Where a Zoning Board of Appeals or Adjustment already exists, it may be appointed as the Zoning Hearing Board. Otherwise, the Board shall consist of five members, each to be appointed for a term of three years by the authority adopting the regulations and to be removable by the appointing authority, for cause, upon written charges and after a public hearing. (See Addendum 11 attached to this chapter.)
C.
Governing rules. The Zoning Hearing Board shall adopt rules for its
governance and in harmony with the provisions of this chapter. Meetings
of the Zoning Hearing Board shall be held at the call of the Chairperson
and at such other times as the Zoning Hearing Board may determine.
The Chairperson or, in the absence of the Chairperson, the Acting
Chairperson may administer oaths and compel the attendance of witnesses.
All hearings of the Zoning Hearing Board shall be public. The Zoning
Hearing Board shall keep minutes of its proceedings showing the vote
of each member upon each question or, if absent or failing to vote,
indicating such fact and shall keep records of its examinations and
other official actions, all of which shall immediately be filed in
the office of the Code Enforcement Officer and on due cause shown.
D.
Findings of fact; conclusions of law. The Zoning Hearing Board shall
make written findings of facts and conclusions of law giving the facts
upon which it acted and its legal conclusions from such facts in reversing,
affirming or modifying any order, requirement, decision or determination
which comes before it under the provisions of this chapter.
E.
Voting. The concurring vote of a majority of the members of the Zoning
Hearing Board shall be sufficient to reverse any order, requirement,
decision or determination of the Code Enforcement Officer or decide
in favor of the applicant on any matter upon which it is required
to pass under this chapter or to effect variation to this chapter.
Where any airport hazard area appertaining to an airport is located outside the territorial limits of the municipality encompassing the airport, all of the municipalities involved may, by ordinance or resolution, create a Joint Airport Zoning Board, which shall have the same power to adopt, administer and enforce airport zoning regulations applicable to the airport hazard area in question as that vested (by the police power) in the municipality within which the area is located. (See Addendum 12 attached to this chapter.) Each Joint Airport Zoning Board shall have as members two representatives appointed by each municipality participating in its creation and, in addition, a Chairman elected by a majority of the members so appointed. (See Addendum 13 attached to this chapter.)
A.
Right to appeal. Any person aggrieved or any taxpayer affected, during the administration of this chapter, by any decision of the municipality or Joint Zoning Hearing Board may appeal to the Zoning Hearing Board. (See Addendum 14 attached to this chapter.)
B.
Reasonable time requirement.
(1)
All appeals hereunder must be taken within a reasonable time as provided
by the rules of the Zoning Hearing Board, by filing with the Code
Enforcement Officer a notice of appeal specifying the grounds thereof.
The Code Enforcement Officer shall forthwith transmit to the Zoning
Hearing Board all the papers constituting the record upon which the
action appealed from was taken.
(2)
The Zoning Hearing Board shall fix a reasonable time for hearing
appeals, give public notice and due notice to the parties in interest
and decide the same within a reasonable time. Upon the hearing, any
party may appear in person or by agent or by attorney.
C.
Stay of proceedings. An appeal shall stay all proceedings in furtherance of the action appealed from unless the municipality or Joint Zoning Hearing Board certifies to the Zoning Hearing Board, after the notice of appeal has been filed with it, that, by reason of the facts stated in the certificate, a stay would, in its opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed otherwise than by order of the Zoning Hearing Board on notice to the municipality or Joint Zoning Hearing Board. (See Addendum 15 attached to this chapter.)
D.
Power to reverse, affirm or modify orders. The Zoning Hearing Board
may, in conformity with the provisions of this chapter, reverse or
affirm, in whole or in part, or modify the order, requirement, decision
or determination appealed from and may make such order, requirement,
decision or determination as may be appropriate under the circumstances.
In any case in which it is desired to remove, lower or otherwise terminate a nonconforming structure or use, or the approach protection necessary cannot, because of constitutional limitations, be provided by airport zoning regulations, or it appears advisable that the necessary approach protection be provided by acquisition of property rights, rather than by airport zoning regulations, the municipality within which the property or nonconforming use is located or the municipality or municipal authority owning the airport or served by it may acquire, by purchase, grant or condemnation, in the manner provided by the law under which municipalities are authorized to acquire real property for public purposes, such air right, aviation easement or other estate or interest in the property or nonconforming structure or use in question as may be necessary to effectuate the purposes of this chapter. In the case of the purchase of any property or any easement or estate or interest therein or the acquisition thereof by the power of eminent domain, the municipality making the purchase of exercising the power shall, in addition to the damages for the taking, injury or destruction of property, also pay the cost of the removal and relocation of any structure or any public utility which is required to be moved to a new location. (See Addendum 16 attached to this chapter.)
(See Addendum 17 attached to this chapter.)
A.
Incorporation. In the event that a municipality has adopted or hereafter
adopts a comprehensive zoning ordinance regulating, among other things,
the height of buildings, any airport zoning regulations applicable
to the same area or portion thereof may be incorporated in and made
a part of the comprehensive zoning regulations and be administered
and enforced in connection therewith.[1]
B.
Conflicts. 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 structures or trees and the use of land or any other matter, and
whether the other regulations were adopted by the municipality which
adopted the airport zoning regulations or by some other municipality
or otherwise, the more stringent limitation or requirement shall govern
and prevail.
Any person aggrieved or any taxpayer affected by any decision of the Zoning Hearing Board may appeal to the Court of Common Pleas as provided by law. In cases where applicable law does not provide an appeal from a municipality to a Board, a person or taxpayer may appeal from a decision of a municipality or Joint Airport Zoning Board as provided by law for similar zoning proceedings. (See Addendum 18 attached to this chapter.)
A.
Use of language. Words of any gender used in this chapter shall be
held and construed to include any other gender, and words in the singular
shall be used to include the plural, unless the context otherwise
requires.
B.
Use of captions. The captions or headings of sections in this chapter
are inserted for convenience only and shall not be considered in construing
the provisions herein if any question of intent should arise.
Any person, firm or corporation who violates the provisions
of this chapter shall, upon conviction, be sentenced to pay a fine
of not less than $75 nor more than $600, plus the costs of prosecution,
and, in default of the payment of the fine and costs of prosecution,
shall be imprisoned for a period not exceeding 30 days. Each day a
violation continues to exist shall constitute a separate offense.
A.
Notice and hearing. No airport zoning regulations shall be adopted, amended or changed except by action of the municipality or the Joint Airport Zoning Board after a public hearing in relation thereto at which parties in interest and citizens shall have an opportunity to be heard. The notice shall be published once each week for two successive weeks in a newspaper of general circulation in the municipality or municipalities affected. The notice shall state the time and place of the hearing and the particular nature of the matter to be considered at the hearing. The first publication shall not be more than 30 days nor less than 14 days from the date of the hearing. (See Addendum 20 attached to this chapter.)
B.
Effective date. Whereas the immediate operation of the provisions of this chapter is necessary for the preservation of the public health, safety, morals and general welfare, an emergency is hereby declared to exist, and this chapter shall be in full force and effect from and after its passage by the municipality and publication and posting as required by Subsection A.
