3-703.   Power to adopt airport zoning regulations; privately ownedairports.In order to prevent the creation or establishment of airport hazards,any political subdivision or subdivisions owning, controlling, or operatingan airport, or those within or partly within fifty thousand (50,000) feetof a military airfield control tower, may adopt, administer, and enforce,in the manner and upon the conditions hereinafter prescribed, airportzoning regulations for such airport hazard area, whether such hazard areais located within or without the territorial limits of such subdivision,which regulations may divide such area into zones, and, within such zones,specify the land uses permitted and regulate and restrict the height towhich structures and trees may be erected or allowed to grow:Provided, That the governing body of any political subdivision withinthe boundaries of which, or within five (5) miles of the territorial limitsof which is located a privately owned airport which uses its facilities toprovide a service to the public, may exercise zoning powers granted hereinif in the opinion of said governing body such action is necessary toprotect the public interests in the services afforded by said privatelyowned airport.

      History:   L. 1947, ch. 13, § 3; L. 1949, ch. 9, § 2; L. 1955, ch. 10, § 2;April 4.