602 KAR 50:050. Airport zoning map.
RELATES
TO: KRS 183.867
STATUTORY
AUTHORITY: KRS 183.861, 183.867(2)
NECESSITY,
FUNCTION, AND CONFORMITY: KRS 183.861 authorizes the Airport Zoning Commission
to promulgate administrative regulations concerning the use of land within and
around designated airports in the Commonwealth. KRS 183.867 authorizes the
commission to promulgate administrative regulations pertaining to the zoning of
areas over which jurisdiction is assumed in order to provide for the proper and
safe use of the area and airport. This administrative regulation establishes
the procedures for the adoption and revision of airport zoning maps for the
existing and future expansion of airports under the jurisdiction of the commission.
Section
1. Filing a Map. (1) Every owner of an airport as established in KRS 183.867(1)
shall file with the administrator of the Kentucky Airport Zoning Commission:
(a)
A map showing the airport and the area surrounding the airport used for
approach and landing purposes; or
(b)
An airport master plan.
(2)
If an airport owner fails to file a map, the administrator shall prepare a map showing
the airport and the area surrounding the airport used for approach and landing
purposes.
(3)
The airport owner or administrator shall designate the proposed area of jurisdiction
of the commission and the airport surfaces on the map or airport master plan.
Section
2. Submission of a Map. (1)(a) The proposed airport zoning map, prepared in
accordance with Section 1 of this administrative regulation, shall be submitted
to the commission.
(b)
1. If the airport zoning map is adopted by order of the commission, this
adoption shall serve as the official designation of the area of the commission’s
jurisdiction.
2.
The date of its adoption shall be noted on the airport zoning map.
3.
The original zoning map shall be kept in the office of the airport administrator.
4.
The commission shall keep a copy of the map in accordance with KRS 183.867(3).
(c)
The airport owner shall inform the administrator of changes in the existing or
proposed boundaries, runways, or taxiways by:
1.
Filing a revised airport zoning map; or
2.
Furnishing the administrator with information sufficient to prepare a revised
map.
(2)
The airport owner or administrator shall designate the proposed area of
jurisdiction and airport surfaces on the revised map.
(3)
If adopted by the commission in accordance with subsection (1) of this section,
the revised map shall supersede a previous map.
Section
3. The commission shall notify a local zoning body of a new designation of
jurisdiction, in accordance with KRS 183.867(1), by sending a copy of the
airport zoning map adopted by order of the commission.
Section
4. The local zoning bodies shall not adopt an ordinance or policy that
conflicts with the jurisdiction of the commission in an area pertaining to the
use of the airport.
Section 5. An airport
zoning map adopted by the commission shall remain in full force and effect
until revised by the commission in accordance with Section 2 of this
administrative regulation. (KAV-10; 1 Ky.R.
1043; eff. 6-11-75; Am. 10 Ky.R. 446; eff. 1-4-84; 14 Ky.R. 268; eff. 9-10-87;
19 Ky.R. 801; eff. 11-4-92; 27 Ky.R. 2229; 2774; eff. 4-9-2001; 39 Ky.R. 1059;
1882; eff. 4-5-2013.)