602 KAR 50:040. Airport land uses.

 

      RELATES TO: KRS 183.865

      STATUTORY AUTHORITY: KRS 183.861

      NECESSITY, FUNCTION, AND CONFORMITY: To regulate the use of land within airports of the Commonwealth within the jurisdiction and function of the commission.

 

      Section 1. Notwithstanding the provisions of any ordinance of a city or county legislative body pursuant to the authority of KRS Chapters 100 or 147, the following uses shall be allowed on the land within an airport: runways; taxiway, aircraft ramps; navigational aids and signals; safety equipment; aircraft terminals; cargo and service buildings; ramps; gates; hangars, aircraft sales, leasing, repair, and storage; automobile parking, garage and service facilities; motels and restaurants.

 

      Section 2. Notwithstanding the provisions of any ordinance of a city or county legislative body pursuant to the authority of KRS Chapters 100 or 147, the commission may allow the following additional uses, which do not constitute a hazard to air navigation: any commercial, industrial or residential use, including but not limited to governmental agencies and operation, banks and financial institutions, retail and wholesale stores, warehouses and storage facilities; manufacturing facilities and operations; offices and service facilities upon the issuance of an airport land use permit by order of the commission.

 

      Section 3. Any activity or structure which lawfully existed before the adoption or amendment of the zoning administrative regulations of the commission, but does not conform to all of the administrative regulations which pertain to the use of land within public airports may continue as a nonconforming use, provided there is no alteration or change to the activity or structure which extends or enlarges the nonconformity.

 

      Section 4. (1) A request for an airport land use permit shall be filed with the administrator and it shall state: the petitioner's name, address, and telephone number; the name of the public airport concerned; a description of the dimensions of any structure proposed to be erected; and a statement or reasons why the proposed use and structure will not constitute a hazard to air navigation.

      (2) The petitioner shall annex to the request a copy of the airport zoning map for the airport concerned with the site of the proposed use or structure located thereon.

      (3) The petition shall be considered at the next meeting of the commission and a copy of the commission's order, ruling or award shall be mailed to the petitioner. (KAV-16; 1 Ky.R. 1043; eff. 6-11-75; Am. 10 Ky.R. 445; eff. 1-4-84.)