§ 8-21-12-13 — Zoning restrictions

(a) To provide free air space for the safe
descent and ascent of aircraft and for the proper and safe use of an
airport or landing field acquired or maintained under this chapter, the
authority may establish by resolution or resolutions a restricted zone or
zones of a distance in any direction from the boundaries of the district
so that no building or other structure is erected high enough to interfere
with the descent of an aircraft at an approach angle necessary for safety
for the usual type of operation that is conducted at the airport or
landing field.
(b) The authority may acquire by condemnation or purchase, upon
the payment of due compensation, the right to prevent the erection of,
and to require the removal of, all buildings, towers, poles, wires,
cables, other structures, and trees within the zone that interfere with the
gliding angle or as much of any structure or trees that interfere with the
gliding angles. When a restricted zone or zones has been established,
a permit issued by a department or office of a local entity or by any
state or other authority for the erection of any structure extending into
a zone is effective only if approved by the authority. Establishment of
a restricted zone outside of a district, in connection with the
condemnation of the rights in the land, constitutes condemnation and
the perpetual annihilation of all rights of the owners of the property
within the zone to erect or maintain any building or structure that will
interfere with the gliding angle. This result may be accomplished by
absolute condemnation of the land, with perpetual and irrevocable free
license to use and occupy the land within the zone for all purposes
except the erection of buildings or other structures above the height so
prescribed.
(c) The part of a restricted zone that extends below fifty (50) feet
measured vertically from the land may be established only by purchase
or proceedings in eminent domain. That part of a restricted zone that
is at least fifty (50) feet above the surface of the land is in effect
immediately upon the adoption by the authority of zoning rules.
However, the owners of land beneath a restricted zone have the right
to recover damages that may be proven in an action brought for that
purpose. In an action for damages, the owner has the burden of proving
damage by reason of the establishment of the restricted zone.
(d) The zoning jurisdiction granted in this section is exclusive
against jurisdiction granted by any other statute unless the other statute
specifically provides otherwise. In case of conflict with any airport
zoning or other regulations promulgated by a local entity, the zoning
rules adopted under this section prevail.
(e) All zoning rules adopted under this chapter must be reasonable
and may not impose a requirement or restriction that is not reasonably
necessary to effectuate the purposes of this chapter. In determining
what regulations to adopt, the authority 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. However, this section does not apply
to the location, relocation, erection, construction, change, alteration,
maintenance, removal, use, or enlargement of any buildings or
structures on lands owned by a public utility or railroad.

Legislative History

As added by P.L.28-1991, SEC.2.