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187
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MARVIN MANDEL, Governor
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CONSIDER, AMONG OTHER THINGS, TO THE EXTENT THAT THEY
AFFECT AND IN ORDER TO PROMOTE THE PUBLIC HEALTH, SAFETY,
ORDER, OR SECURITY, THE FOLLOWING:
(1) THE CHARACTER OF THE FLYING OPERATIONS
CONDUCTED OR EXPECTED TO BE CONDUCTED AT THE AIRPORT;
(2) THE SURROUNDING TERRAIN;
(3) THE HEIGHT OF EXISTING STRUCTURES AND
TREES OR OTHER VEGETATION IN THE VICINITY;
(4) THE FEASIBILITY OF LOWERING OR REMOVING
EXISTING STRUCTURES OR TREES OR OTHER VEGETATION IN THE
VICINITY;
(5) AS TO THE AERIAL APPROACHES NECESSARY FOR
SAFE FLYING OPERATIONS AT THE AIRPORT, THE OPINION OF THE
FEDERAL AGENCY CHARGED WITH FOSTERING CIVIL AERONAUTICS;
(6) THE RISKS ASSOCIATED WITH AERIAL TRAFFIC
AT THE AIRPORT;
(7) THE TYPE, SIZE, WEIGHT, AND LOAD CAPACITY
OF AIRCRAFT THAT USE OR MIGHT USE THE AIRPORT;
(8) THE WEATHER CONDITIONS GENERALLY
PREVAILING IN THE VICINITY;
(9) THE SIZE AND LAYOUT OF THE LANDING AREA
OF THE AIRPORT; AND
(10) THE PRESENT AND FUTURE NEEDS OF THE
INHABITANTS OF THIS STATE WITH REFERENCE TO THE USE OF
THE AIRPORT FOR PUBLIC TRANSPORTATION.
(B) REGULATIONS MAY NOT INTERFERE WITH EXISTING
NONCONFORMING USE.
AN AIRPORT ZONING REGULATION ADOPTED UNDER THIS
SUBTITLE MAY NOT:
(1) REQUIRE THE REMOVAL OR ALTERATION OF ANY
STRUCTURE THAT, AS IT EXISTED WHEN THE REGULATION WAS
ADOPTED, DID NOT CONFORM TO THE REGULATION; OR
(2) OTHERWISE INTERFERE WITH THE CONTINUANCE
OF ANY NONCONFORMING USE.
(C) PROPERTY MORE THAN 3 MILES FROM AIRPORT.
EXCEPT AS OTHERWISE PROVIDED IN THIS SUBTITLE, AN
AIRPORT ZONING DISTRICT OR AIRPORT ZONING REGULATION
ADOPTED UNDER THIS SUBTITLE MAY NOT APPLY TO ANY PROPERTY
LOCATED MORE THAN 3 MILES BEYOND THE OUTER PERIMETER OF
ANY AIRPORT.
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REVISOR'S NOTE: This section presently appears as
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