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Noise, Height and Land Use Regulationlud1.wa .,�. ..,�.�..�,.u. 67-3-424. En. 1-323.3 by Sec. 30, Ch. 67-3-42& En. Sec. 3, Ch. 171, L.196 . 348, L. 1974; R.C.M. 1947, 1-323.3. _ Illal action against a local government for noise nuisance, thus destroying the 67-3-425. En. 1-323.4 by Sec. 31, Ch. am Ld. . 74CR. h. 208, L. 19 9; amd . �` iity of the airports and the public investment in them. It ;is therefore the 348, L. 1974; R.C.M. 1947, 1-323.4. 67-3-429. En. Sec. 1, Ch. 171, L.1 h purpose of this chapter to promote the public health, safety, and general welfare 67-3-426. En. 1-323.5 by Sec. 32, Ch. amd. Sec. 25, Ch. 348, L. 1974; R.C.M. 191 �_" the development of compatible noise, height, and land use regulations. 348, L. 1974; R.C.M. 1947, 1-323.5. Ii 67-3-427. En. 1-323.6 by Sec. 33, Ch. 1-322. History: En. 1-724 by Sec. 1, Ch. 551, L 1977; R.C.M. 1947, 1-724. 348, L. 1974; R.C.M. 1947, 1-323.6. 67-4-102. Definitions. (1) The definitions in 67-1-101 apply to this CHAPTER 4 NOISE, HEIGHT, AND LAND USE REGULATION Part 1— General Provisions 67-4-101. Legislative finding and purpose. 67-4-102. Definitions. Part 2 — Airport Influence Areas 67-4-201. Designation of airport influence areas. 67-4-202. Temporary effect of designation. 67-4-203. Development of criteria for regulation of influence area. 67-4-204. Amendment of criteria — redesignation of influence area. 67-4-205 through 67-4-210 reserved. 67-4-211. State lands. Part 3 — Rules, Permits, and Variances 67-4-301. Local government to adopt rules. 67-4-302. Rulemaldng -- notice and hearing. 67-4-303. Rules to be reasonable — prior nonconforming uses. 67-4-304. Rules relative to zoning ordinances. 67-4-305 through 67-4-310 reserved. 67-4-311. Permit system. 67-4-312. Board of adjustment. 67-4-313. Variance. 67-4-314. Conditions on permit or variance. 67-4-401. Penalty. Part 4 — Remedies 67-4-402. Injunction. Chapter Cross -References Public nuisance, 45-8-111. Acquisition of landing fields and parldng areas for aircraft, 7-14-4801. Part 1 General Provisions 67-4-101. Legislative finding and purpose. It is hereby found that tall ,rees and structures and certain types of development located in the vicinity of arports endanger the lives and property of users of the airport and of occupants )f land in its vicinity. It is also found that the location of tall trees and structures ind certain types of development near airports reduce the area available for anding, taking off, and maneuvering aircraft and increase the likelihood of (2) In this chapter the following definitions also apply: (a) "Airport" means, for the purpose of this chapter, only those airports included on the national airport system plan. (b) "Airport influence area" means all land in the proximity of an airport, the use of which may be affected by the airport's existence. (c) "Local government" means any county or incorporated city or town having an airport influence area partially or entirely within its jurisdictional limits. History: En. 1-725 by Sec. 2, Ch. 551, L 1977; R.C.M. 1947, 1-725. Part 2 Airport Influence Areas 67-4-201. Designation of airport influence areas. (1) A local govern - J! went with an airport shall designate an airport inf.luence area around the airport. The designation must be based on federal aviation administration rules ki and guidelines. However, an airport influence area may not extend more than 10,000 feet out from the thresholds of the primary instrument approach runway or exceed 1 mile in width on each side of the primary instrument approach runway and its extended centerline. A public hearing must be held r by the local government following the procedure prescribed in 67-4-302. (2) A map of the designation must be filed with the county clerk and recorders of the affected counties and the city clerks of the affected cities and d towns. History: En. 1-726 by Sec. 3, Ch. 551, L 1977; R.C.M. 1947, 1-726; amd. Sec. 2, Ch. 279,1. 1993. 67-4-202. Temporary effect of designation. Upon the designation of an airport influence area, the use of land within the airport influence area shall be restricted as to height consistent with part 77, federal aeronautics regula- tions, until rules are adopted pursuant to this chapter. This restriction does not affect nonconforming uses and areas already zoned on July 1, 1977, and may not be imposed for a period of more than 1 year. After the designation of an airport influence area, a person may not recover from a local government, an airport authority, an airport operator, or an airport owner damages caused by noise and vibrations from normal and anticipated normal airport operations. History: En. 1-727 by Sec. 4, Ch. 551, L 1977; R.C.M. 1947, 1-727; amd. Sec. 3, Ch. 279, L 1993. Cross -References Public nuisance, 45-8-111. 67-4-203. Development of criteria for regulation of influence area. (1) The local government shall devise criteria and guidelines for regula- tion of the airport influence area. (2) The criteria and guidelines for noise regulations shall be designed to promote the public health, safety, and general welfare, and the criteria ant• guidelines for height and land use regulations shall be designed solely to promote the public safety. The criteria and guidelines shall, at the minimum,' give reasonable consideration to, among other things: (a) the safety of airport users and persons and property in the vicinity o( the airport; (b) the character of the flying operations conducted or expected to be conducted at the airport; (c) the magnitude and duration of noise produced by aircraft and the number of aircraft flybys; (d) the nature of the terrain; (e) the future development of the airport; (f) the views and mandates of the federal agency charged with the fostering of civil aeronautics as to the aerial surfaces necessary for safe flying operations History: En. 1-728 by Sec. 6, Ch. 661, L. 1977; R.C.M. 1947, 1-728. 67-4-204. Amendment of criteria — redesignation of influence area. (1) When circumstance so requires, the local government may amend the criteria and guidelines. (2) The local government may redefine the boundaries of the influence area of an airport whenever an amendment to the criteria and guidelines so requires or whenever the airport site boundaries are altered. History: En. 1-732 by Sec. 9, Ch. 661, L. 1977; R.C.M. 1947, 1-732. 67-4-205 through 67-4-210 reserved. 67-4-211. State lands. When an airport influence area lies partially or entirely on state-owned lands, the department of natural resources and con- servation shall administer the affected lands in conformance with the criteria and guidelines prescribed by the local governing body. History: En. 1-731 by Sec. 8, Ch. 661, L. 1977; R.C.M. 1947, 1-731; amd. Sec. 172, Ch. 418,1.. 1995. Cross -References Administration of state lands, Title 77, ch. 1. Part 3 Rules, Permits, and Variances Part Cross -References No limitation on airport hazard zoning, Adoption and publication of rules, Title 2, 67-10-231, 67-11-241. ch. 4, part 3. Zoning, Title 67, ch. 6, part 2. 67-4-301. Local government to adopt rules. Within 1 year of the designation of an airport influence area, each local government affected shall adopt and provide for the administration of rules restricting the height to which structures may be erected and trees allowed to grow within the airport influ- ence area. History: En. 1-729 by Sec. 6, Ch. 661, L. 1977; R.C.M. 1947, 1-729. 67-4-302. Rulemaking — notice and hearing. Before a local govern- ment adopts or amends rules governing the airport influence area, it must hold a public hearing thereon. Unless otherwise specifically provided, when notice of a hearing or other official act is required by this title, the following shall (1) The notice shall be published two times with at least 7 days separating each publication. The first publication shall be no more than 21 days prior to the action and the last no less than 3 days prior to the action. (2) The published notice shall contain: (a) the date, time, and place at which the hearing or other action will occur; (b) a brief statement of the action to be taken. History: En. 1-730 by Sec. 7, Ch. 651, L. 1977; R.C.M. 1947, 1-730. 67-4-303. Rules to be reasonable — prior nonconforming uses. All rules adopted under this chapter shall be reasonable and may not require the removal or alteration of any structure or tree lawfully in existence when the rules become effective. Such uses are to be treated as prior nonconforming uses which may continue, but rules may prohibit their expansion or their recon- struction or replacement following destruction or substantial damage. Rules may further require that trees in place at the time the rules take effect be maintained by the local government, at its expense, at heights attained at that time. Land in existing residential subdivisions or platted for residential subdi- vision at the time rules are adopted may continue to be used for residential purposes. History: En. 1-738 > y Sec. 15, Ch. 561, L. 1977; R.C.M. 1947, 1-738. 67-4-304. Rules relative to zoning ordinances. (1) If a local govern- ment has adopted a zoning ordinance, any rules adopted under this chapter may be made a part of the zoning ordinance and may be administered and enforced in connection with it. However, the zoning ordinance may not limit the effectiveness or scope of the rules adopted pursuant to this chapter. (2) Where a conflict exists between the rules adopted pursuant to this chapter and any zoning ordinances or resolutions licable to the same area, the more stringent limitation or requirement shallirevail. History: En. 1-737 by Sec. 14, Ch. 661, L. 1977; R.C.M. 1947, 1-737. Cross -References Municipal zoning, Title 76, ch. 2, part 3. 67-4-305 through 67-4-310 reserved. 67-4-311. Permit system. (1) The rules adopted pursuant to this chapter shall provide for a permit system for erecting new structures, changing uses of land or structures, and substantially altering, repairing, or replacing existing structures within the airport influence area. (2) No material change may be made in the use of land and no structure or tree may be erected, altered, planted, or otherwise established in an airport influence area unless a permit for the use has been granted. (3) No permit may be granted which would allow the establishment of an airport hazard or that would allow a nonconforming use, structure, or tree to become a greater hazard to air navigation than it was on the effective date of the designation of the airport influence area or any subsequent revisions to it or than it was prior to the application for a permit. History: En. 1-734 by Sec. 11, Ch. 661, L. 1977; R.C.M. 1947, 1-734. 67-4-312. Board of adjustment. (1) All rules adopted pursuant to this apter shall provide for a board of airport hazard adjustment consisting of fi" . 1i1 embers to be appointed for terms and in the manner provided in 76-2-341 rough 76-2-328. k (2) All of the provisions of 76-2-321 through 76-2-328 relating to appeals id judicial review are applicable to grievances relating to rules, variances, or, �rmits. (3) Where a local government has appointed a board of adjustment under +e provisions of 76-2-221 through 76-2-228 or 76-2-321 through 76-2-328, the cal government may designate the members of that board as the board of 'hid rport hazard adjustment required by this chapter, in which case the terms of h tch members for purposes of this chapter are concurrent with their terms w I� iembers of the board of adjustment. History: En. 1-736 by Sec. 13, Ch. 551,1.. 1977; R.C.M. 1947, 1-736. 67-4-313. Variance. (1) Any person desiring to erect or increase the eight of a structure, permit the growth of a tree, or use property in violation f the rules adopted pursuant to this chapter may apply to the board of airport azard adjustment for a variance from the rules. (2) A variance must be granted where a literal application or enforcement f the rules would result in substantial practical difficulty or unnecessary ardship and where the variance would not be contrary to the public interest (3) A variance must be granted for a nonconforming use where there is no ' inmediate hazard to safe flying operations or persons and property in the icinity of the airport and where the noise or vibrations from normal and anticipated normal operations of the airport would not be likely to cause tructural damage. (4) Within an airport influence area a person who obtains a variance for wilding a structure which is a nonconforming use under rules adopted )ursuant to this chapter or a person who takes or buys property subject to a 7ariance is on notice that the airport existed before the variance was granted ind that normal and anticipated normal operations of the airport will result in loise and vibrations being projected over the property. A person using a ;tructure built under a variance may not collect damages from a local ;overnment, an airport authority, an airport operator, or an airport owner for interference with the enjoyment of that structure caused by noise and vibrations from normal and anticipated normal airport operations. History: En. 1-733 by Sec. 10, Ch. 551,1. 1977; R.C.M. 1947, 1-733; amd. See. 4, Ch. L 79,1. 1993. Permits — variances, 67-6-207. Gross -References Public nuisance, 45-8-111. 67-4-314. Conditions on permit or variance. Any permit or variance granted pursuant to this chapter may require the owner of the structure or tree in question to permit the local government, at its expense, to install, operate, and maintain the lights and markers necessary to warn pilots of the presence of an airport hazard. History: En. 1-735 by Sec. 12, Ch. 551,1. 1977; R.C.M. 1947, 1-735. Part 4 Remedies 67-4-401. Penalty. Any person who violates any provision of this chapter any rules adopted pursuant to it is guilty of a misdemeanor oand puns nowt to le a fine not to exceed $500, imprisonment in a county jail period ceed 6 months, or both. Each day a violation continues to exist constitutes a parate offense. History: En. 1-739 by Sec. 16, Ch. 551,1. 1977; R-C.M.1947, 1-739(1). Penalty — injunction, 67-6-211. Enforcement, 67-5-211. 67-4-402. Injunction. A local governing body may institute in any court of competent jurisdiction an action to prevent, restrain, correct, or abate any violation of this chapter or the rules adopted under it. History: En. 1-739 by See. 16, Ch. 551,1. 1977; R.C.M- 1947, 1-739(2)- Penalty — injunction, 67-6-211. Cross -References lWunctions, Title 27, ch. 19. CHAPTER 5 AIRPORT HAZARD REGULATION Part 1— General Provisions 67-5-101. Purpose. 67-5-102. Exception — emergency landing strips. Part 2 — Regulation and Restriction 67-5-201. Regulation of building heights. of acquisition. 67-6-202. Regulation of existing structures — powere9 67-5-203. Duty to acquire permit. 67-5-204. Restriction — lights. 67-5-205 through 67-5-210 reserved. 67-5-211. Enforcement. 67-5-212. Penalty. Part 1 General Provisions 67-5-101. Purpose. For the purpose of ensuring safety from death or injury for aeronauts and passengers, to protect the property of those engaged in aeronautics, and to encourage and promote air travel and transportation of mail, passengers, express, and freight by air, it is considered necessary to eliminate dangerous obstructions of air space in the vicinity of airports or landing fields which may now be or which may hereafter be acquired, owned, operated, controlled, or maintained by the United States, the state of Montana or any county or municipality thereof. In order to promote the public order, health, and safety by providing unobstructed air space for the safe descent, landing, ascent, and operation of aircraft utilizing public airports in the state )f Montana, the height of buildings and other structures in the vicinity of the trports and landing fields in the state of Montana owned, leased, operated, naintained, or controlled by any of those public authorities shall be regulated rnd restricted as hereafter provided. History: En. Sec.1, Ch. 12, L. 1939; am& See. 3, Ch. 232,1« 1977; R.C.M.1947,1.70L 67-5-102. Exception — emergency landing strips. This chapter shah iot apply to any landing fields or strips now established or hereafter established 7 the civil aeronautics authority of the United States government, known as emergency landing strips", which do not provide at least 1,800 feet of landing trea in all directions and which do not provide facilities for the housing, supply, nd servicing of aircraft. History: En. Sec. 7, Ch. 12,1.. 1939; R.C.M. 1947, 1-707. Part 2 Regulation and Restriction 67-5-201. Regulation of building heights. (1) The height of buildings nd other structures shall be regulated for the purposes set forth in 67-5-101, onsidering among other things: (a) requirements and facilities necessary to secure the safe descent, ending, ascent, and operation of aircraft utilizing the public airports and rnding fields in the state of Montana; (b) hazards from the obstruction of air space and the relation of the height f buildings and other structures in the vicinity of such airports and landing elds to such hazards; (c) the area within which buildings and other structures may dangerously -:struct air space in the vicinity of public airports and landing fields and the eight of buildings or other structures within such area which is consistent ith the safe use of such airports and landing fields; and (d) the maintenance and use of either obstruction markers or lights, or nth, upon buildings and other structures within such area as safety devices. (2) The height of buildings and other structures is regulated and restricted ithin a distance of 2 miles from any public airport or landing field, measured a right angle from any side or in a radial line from any corner of the tablished boundary line thereof, in any and all directions, as follows: (a) The trapezoidal portion of the total 2-mile zone area, 500 feet in width the boundary of the field or airport and broadening to a width of 2,500 feet miles distant, the centerline of which is a continuation of the centerline of ch runway at and upon such public airports and landing fields, known as the ,proach zone, may have no building or other structure or natural feature or ject of any kind therein, the height of which is more than one -twentieth its Stance from the nearest boundary of the airport or landing field. (b) The remaining portion of the 2-mile zone area surrounding such public ports and landing fields, lying between the approach zones and known as rning zones, may have no building or other structure or natural feature or ject of any kind therein, the height of which is more than one -seventh its stance from the nearest boundary of the airport or landing field. (3) In measuring distances and heights to determine the zone standard, �asurements shall be taken from the nearest side of the building or structure or other object to the nearest side of the airport or landing field. In the event of airports having boundaries not regular, the nearest established perimeter of such port and field shall be used, as distinguished from the actual boundary. History: En. Sec. 2, Ch. 12,1. 1939; amd. Sec. 4, Ch. 232, L.1977; R.C.M.1947,1-702. 67-5-202. Regulation of existing structures — power of acquisi- tion. With respect to any building or other structure existing on February 7, 1939, which does not conform to the regulations of this chapter in the manner of height, the governmental authority affected thereby (whether the United States, the state of Montana, the several counties, or the several municipalities) in its own right and name, to protect its own airports and landing fields and to carry out the purposes and provisions of this chapter, shall have and is hereby given the right and authority to acquire by purchase, grant, or condemnation, such estate or interest in any such building or structure or other object, whether natural object or not, and/or in the lands upon which situated as is necessary to vest full and absolute ownership and control in perpetuity of the space above such land to the extent necessary to correct or abate the height of any such nonconforming building or other structure or object to meet the requirements of this chapter as to height limitation within the zones designated. History: En. Sec. 5, Ch. 12, I.. 1939; R.C.M. 1947, 1-705. 67-5-203. Duty to acquire permit. (1) Each person, firm, or corporation in this state proposing to erect, establish, or maintain any building or other structure that would exceed the height limit established by law or to grow any natural object that would exceed such limit when grown, whenever the pro- posed erection or growth is within 2 miles of a public airport or landing field, shall apply to the proper officer of the United States or the state of Montana or any county or municipality thereof, whichever of those bodies has control of the airport or landing field affecting the area, for a permit to erect, establish, or maintain the structure, building, or object proposed. (2) No permit may be granted unless the specifications of the building or other structure or object reveal that the total height does not or will not exceed the height limits fixed by law for the zone in which the same is to be established. (3) No permit may be issued in violation of this section, and any permit which is issued in violation of this section is void. History: En. Sec. 4, Ch.12, L 1939; amd. Sec. 5, Ch. 232, 1.1977; R.C.M.1947,1-704. 67-5-204. Restriction — lights. No searchlight, beacon light, or other glaring light shall be used, maintained, or operated within said Montana airport zoning areas so that the same shall reflect, glare, or shine upon or in the direction of the airports.,) History: En. Sec. 8, Ch. 12,1. 1939; R.C.M. 1947, 1-708. 67-5-205 through 67-5.210 reserved. 67-5-211. Enforcement. A public body or governmental authority own- ing, operating, or maintaining a public airport or landing field or that creates a municipal or regional airport authority for that purpose shall enforce the provisions of this chapter as it pertains to areas surrounding the particular airport under the control of the body or authority. This chapter must be enforced in either a court of law or of equity in the state of Montana having jurisdiction of the action. Cases must be instituted in the name of the govern- rental body charged with the enforcement of this chapter. All action may be rought to prevent the erection, construction, or maintenance of buildings or ther structures or parts of buildings or structures as may exceed the height mits fixed by this law or to restrain, correct, or abate any violation and to revent the occupancy and use of any part of a building or structure erected in olation of this law. History: En. Sec. 3, ch. 12,1� 1939; R.C.M. 1947, 1-703; amd. Sec. 5, Ch. 279,1.199& ,-oss-References Airport zoning Noise, height, and land use re — penalty — igiunctioq nalty, 67-4-401. gelation — 67-6 211. 67-5-212. Penalty. Any person or firm or corporation violating any of the ovisions of this law shall be guilty of a misdemeanor and upon conviction ereof shall be punishable by a fine of not more than $500 or by imprisonment r a period of not more than 6 months or by both such fine and imprisonment. tch such person, firm, or corporation shall be deemed guilty of a separate tense for every day during any portion of which any violation of this law 18 mmitted, continued, or permitted by such person, firm, or corporation and all be punishable as provided by such law. History: En. Sec. 12, Ch. 12,1. 1939; R.C.M. 1947, 1-709. CHAPTER 6 AIRPORT ZONING ACT Part 1— General Provisions i-101. Short title. i-102. Legislative finding and purpose. �403. Constitutional restriction. Part 2 —Zoning -201. Airport zoning power. -202. Airport zoning regulations — procedure — commission. -203. Airport zoning regulations — requirements. -204. Zoning regulations — merger or conflict. -205. Airport zoning regulations — administration. -206. Board of adjustment. -207. Permits — variances. 208 through 67-6-210 reserved. 211. Penalty— injunction. Part 3 — Miscellaneous Provisions 301. Acquisition of property rights when zoning not sufficient. iter Cross -References tanning and zoning, Title 76, ch. 2. Part 1 General Provisions 7-6-101. Short title. This chapter shall be known and may be cited as Airport Zoning Act". History: En. Sec. 14, Ch. 287, I.. 1947; R.C.M. 1947, 1-723. 67-6-102. Legislative finding and purpose. (1) It is hereby found that an airport hazard endangers the lives and property of users of the airport and of occupants of land in its vicinity and also, if of the obstruction type, in effect reduces the size of the area available for the landing, taking off, and maneu- vering of aircraft, thus tending to destroy or impair the utility of the airport and the public investment therein. (2) Accordingly, it is hereby declared: (a) that the creation or establishment of an airport hazard is a public nuisance and an injury to the community served by the airport in question; (b) that it is therefore necessary in the interest of the public health, public safety, and general welfare that the creation or establishment of airport hazards be prevented; and (c) that this should be accomplished, to the extent legally possible, by exercise of the police power, without compensation. (3) It is further declared that both the prevention of the creation or establishment of airport hazards and the elimination, removal, alteration, mitigation, or marking and lighting of existing airport hazards are public purposes for which political subdivisions may raise and expend public funds and acquire land or property interests therein. History: En. Sec. 2, Ch. 287, I.. 1947; R.C.M. 1947, 1-711. 67-6-103. Constitutional restriction. In any case in which airport zoning regulations adopted under this chapter, although generally reasonable, are held by a court to interfere with the use or enjoyment of a particular structure or parcel of land to such an extent or to be so onerous in their application to such a structure or parcel of land as to constitute a taking or deprivation of that property in violation of the constitution of this state or the constitution of the United States, such holding shall not affect the application of such regulations to other structures and parcels of land. History: En. Sec. 10, Ch. 287, 1. 1947; R.C.M. 1947, 1-719. Cross -References Eminent domain, Art. II, sec. 29, Mont. Due process of law, Art. II, sec. 17, Mont. Const. Const. Private Property Assessment Act, Title 2, ch. 10, part 1. Part 2 Zoning Part Cross -References No limitation on airport hazard zoning, Rules, permits, and variances, Title 67, ch. 67-10-231, 67-11-241. 4, part 3. 67-6-201. Airport zoning power. (1) In order to prevent the creation or establishment of airport hazards, every political subdivision having an airport hazard area within its territorial limits may adopt, administer, and enforce, under the police power and in the manner and upon the conditions prescribed, airport zoning regulations for such airport hazard area, which regulations may divide such area into zones and, within such zones, specify the land uses permitted and regulate and restrict the height to which structures and trees may be erected or allowed to grow. '(2) Where an airport is owned or controlled by a political subdivision and any airport hazard area appertaining to such airport is located outside the territorial limits of said political subdivision, within or without the state, the Political subdivision owning or controlling the airport and the political subdivision within which the airport hazard area is located may, by ordinance or resolution duly adopted, create a joint airport zoning board, which board 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 ,ubsection (1) in the political subdivision within which such area is located. Each such joint board shall have as members two representatives appointed by >ach political subdivision participating in its creation and in addition a -hairman elected by a majority of the members so appointed. (3) If in the judgment of a political subdivision owning or controlling an tirport, the political subdivision within which is located an airport hazard area appertaining to that airport has failed to adopt or enforce reasonably adequate airport zoning regulations for such area under subsection (1) and if that ,olitical subdivision has refused to join in creating a joint airport zoning board s authorized in subsection (2), the political subdivision owning or controlling he airport may itself adopt, administer, and enforce airport zoning regulations )r the airport hazard area in question. In the event of conflict between such egulations and any airport zoning regulations adopted by the political ubdivision within which the airport hazard area is located, the regulations of ie political subdivision owning or controlling the airport shall govern and revail. History: En. Sec. 3, Ch. 287,1.. 1947; R.C.M. 1947, 1-712. 67-6-202. Airport zoning regulations —procedure —commission, In adopting, amending, and repealing airport zoning regulations under this iapter, the political subdivision or joint airport zoning board shall follow the -ocedure prescribed by the laws of this state for the adoption, amendment, or 'Peal of comprehensive zoning regulations, as provided in Title 76, chapter 2, n-t 3. (2) Prior to the initial zoning of any airport hazard area under this chapter, e political subdivision or joint airport zoning board which is to adopt the gulations shall appoint a commission, to be known as the airport zoning mmission, to recommend the boundaries of the various zones to be tablished and the regulations to be adopted therefor. Such commission shall ike a preliminary report and hold public hearings thereon before submitting final report, and the legislative body of the political subdivision or the joint -Port zoning board shall not hold its public hearings or take other action until has received the final report of such commission. Where a city planning �nmission or comprehensive zoning commission already exists, it may be pointed as the airport zoning commission. History: En. Sec. b, Ch. 287,1- 1947; R.C.M. 1947, 1-714. 67-6-203. Airport zoning regulations — requirements. (1) All air- ,t zoning regulations adopted under this chapter shall be reasonable, and zie shall impose any requirement or restriction which is not reasonably pessary to effectuate the purposes of this chapter. In determining what -ulations it may adopt, each political subdivision and joint airport zoning board shall consider, among other things, 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. (2) No airport zoning regulations adopted under this chapter shall require the removal, lowering, or other change or alteration of any structure or tree not conforming to the regulations when adopted or amended or otherwise interfere with the continuance of any nonconforming use, except as provided in 67-6-207(3). History: En. See. 6, Ch. 287, L. 1947; R.C.M. 1947, 1-716. 67-6-204. Zoning regulations — merger or conflict. (1) In the event that a political subdivision had 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 such comprehensive zoning regulations and be administered and enforced in connection therewith. (2) 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, the use of land, or any other matter and whether such other regulations were adopted by the airport zoning regulations or by some other political subdivision, the more stringent limitation or requirement shall govern and prevail. History: En. Sec. 4, Ch. 287, L. 1947; R.C.M. 1947, 1-713. 67-6-205. Airport zoning regulations — administration. All airport zoning regulations adopted under this chapter shall provide for the administra- tion and enforcement of such regulations by an administrative agency which may be an agency created by such regulations or any official, board, or other existing agency of the political subdivision adopting the regulations or of one of the political subdivisions which participated in the creation of the joint airport zoning board adopting the regulations, if satisfactory to that political subdivision; but in no case shall such administrative agency be or include any member of the board of adjustment. The duties of any administrative agency designated pursuant to this chapter shall include that of hearing and deciding all permits under 67-6-207(1), but such agency shall not have or exercise any of the powers herein delegated to the board of adjustment. History: En. Sec. 8, Ch. 287, L. 1947; R.C.M. 1947, 1-717. 67-6-206. Board of adjustment. All airport zoning regulations adopted under this chapter shall provide for a board of adjustment to be appointed in the manner and have and exercise all the powers provided in 76-2-321 through 76-2-328, and each and all of the provisions of said sections relating to appeals and judicial review shall be applicable to this chapter. History: En. Sec. 9, Ch. 287,1- 1947; R.C.M. 1947, 1-718. 67.6-207. Permits — variances. (1) When advisable to facilitate the enforcement of this chapter, a system may be established for granting permits to establish or construct new structures and other uses. In any event, before any nonconforming structure may be replaced with a taller one or any noncon- forming tree allowed to grow higher or be replanted, a permit must be secured from the administrative agency authorized to administer and enforce the �gulations authorizing such replacement or change. No such permit shall be -anted that would allow the structure to become a greater hazard to air ivigation than it was when the applicable regulation was adopted. Whenever �e administrative agency determines that a nonconforming structure or tree is been abandoned or more than 80% torn down, destroyed, deteriorated, or ,cayed, no permit shall be granted that would allow said structure or tree to :teed the applicable height limit or otherwise deviate from the zoning regu- tions. Except as indicated, all applications for permits for replacement, range, or repair of nonconforming uses shall be granted. (2) Any person desiring to erect any structure, increase the height of any ructure, permit the growth of any tree, or otherwise use his property in olation of airport zoning regulations adopted under this chapter may apply the board of adjustment for a variance from the zoning regulations in iestion. Such variances shall be allowed where a literal application or iforcement of the regulations would result in practical difficulty or ; necessary hardship and the relief granted would not be contrary to the public terest but do substantial justice and be in accordance with the spirit of the gulations and this chapter. Any variance may be allowed subject to any asonable conditions that the board of adjustment may deem necessary to ectuate the purposes of this chapter. (3) In granting any permit or variance under this section, the ministrative agency or board of adjustment may, if it deems such action visable to effectuate the purposes of this chapter and reasonable in the cumstances, so condition such permit or variance as to require the owner of e structure or tree in question to permit the political subdivision, at its own pense, to install, operate, and maintain thereon such markers and lights as ty be necessary to indicate to flyers the presence of an airport hazard. History; En. Sec. 7, Ch. 287,1.. 1947; R.C.M. 1947, 1-716. oss-References Noise, height, and land use regulation — ditions on permits and variances, 67-4-313, 4-314. 67-6-208 through 67-6-210 reserved. 67-6-211. Penalty— injunction. Each violation of this chapter or of any ;ulations, orders, or rulings promulgated or made pursuant to this chapter ill constitute a misdemeanor and shall be punishable by a fine of not more in $500 or imprisonment for not more than 6 months or by both such fine i imprisonment, and each day a violation continues to exist shall constitute eparate offense. In addition the political subdivision or agency adopting ling regulations under this chapter may institute in any court of competent isdiction an action to prevent, restrain, correct, or abate any violation of this tpter or of airport zoning regulations adopted under this chapter or of any !er or ruling made in connection with their administration or enforcement; I the court shall adjudge to the plaintiff such relief, by way of injunction rich may be mandatory) or otherwise, as may be proper under all the facts I circumstances of the case, in order fully to effectuate the purposes of this pter and of the regulations adopted and orders and rulings made pursuant reto. flistory: En. Sec. 11, Ch. 287, L. 1947; R.C.M. 1947, 1-720. Cross -References Restrictions on height of structures and Injunctions, Title 27, ch. 19. lights — enforcement and penalty, 67-5-211, Noise, height, and land use regulation — 67-5-212. penalty and injunction, 67-4-401, 67-4-402. Part 3 Miscellaneous Provisions 67-6-301. Acquisition of property rights when zoning not suffi- cient. The political subdivision within which the property or nonconforming use is located or the political subdivision owning the airport or served by it may acquire, by purchase, grant, or condemnation in the manner provided by the law under which political subdivisions 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 any case in which: (1) it is desired to remove, lower, or otherwise terminate a nonconforming structure or use; (2) the approach protection necessary cannot, because of constitutional limitations, be provided by airport zoning regulations under this chapter; or (3) it appears advisable that the necessary approach protection be provided by acquisition of property rights rather than by airport zoning regulations. History: En. Sec. 12, Ch. 287,1. 1947; R.C.M. 1947, 1-721. Cross -References Acquisition and establishment of airports Restrictions on annexation power, and landing fields, 67-10-102. 7-2-4503. Joint Airport Board, 67-10-205. Acquisition of landing fields and parldng General powers of authority, 67-11-201. areas for aircraft, 7-14-4801. Eminent domain, Title 70, ch. 30. State airports — acquisition, 67-2-301. CHAPTERS 7 THROUGH 9 RESERVED CHAPTER 10 MUNICIPAL AIRPORTS Part 1— General Provisions 67-10-101. Short title. 67-10-102. Acquisition and establishment of airports and landing fields. 67-10-103. Public purpose. 67-10-104. Construction. Part 2 — General Powers of Municipality Relating to Airports 67-10-201. General municipal powers. 67-10-202. Creation of board — funding — rules. 67-10-203. Mutual assistance. 67-10-204. Joint exercise of powers.