Current through Register Vol. 50, No. 9, March 1, 2024
RELATES TO: KRS 183.869, 183.870, 183.871
NECESSITY, FUNCTION, AND CONFORMITY: KRS 183.861 allows the
Kentucky Airport Zoning Commission to regulate the use of land within and
around all public use and military airports within Kentucky. This
administrative regulation is promulgated to outline the procedure that a person
shall follow in order to obtain a permit or tentative approval to erect or
alter a structure, and defines the authority of the Administrator of the
Kentucky Airport Zoning Commission to reject or approve applications for
permits and provide for the processing of an application for a permit.
Section 1.
(1) Every person who is required by 602 KAR 50:030 to obtain a permit to construct or alter a structure shall send a signed
and completed Form TC 56-50, "Application for Permit to Alter or Construct a
Structure", revised effective August 2000, to the Administrator of the Kentucky
Airport Zoning Commission, Division of Aeronautics, 125 Holmes Street,
Frankfort, Kentucky 40622.
(2)
Except as set forth in Section 3 of this administrative regulation, the
application shall be submitted at least ninety (90) days prior to the date the
proposed construction or alteration is scheduled to begin.
Section 2.
(1) Upon receipt of the application, the
administrator shall review the application to determine if all required
information has been submitted.
(2)
If the application is incomplete, the administrator shall:
(a) Reject it;
(b) Return it to the person who submitted it;
and
(c) Provide a statement of the
additional information that is required for a complete application.
(3) If the application is
complete, the administrator shall conduct an aeronautical study for the purpose
of determining whether to recommend to the commission that a permit be
issued.
(4) The preliminary
recommendation of the administrator for approval or disapproval may be
furnished to the applicant prior to consideration of the application by the
commission.
(5) The commencement of
any construction or erection of the structure prior to final consideration by
the commission and the issuance of a permit shall be at the sole risk of the
applicant.
(6) The commission, its
members and its administrator shall not be responsible or liable in any manner
for any work performed prior to the issuance of a permit.
Section 3.
(1) If approval for a temporary structure is
being sought, the applicant shall furnish to the administrator an affidavit or
sworn statement detailing the conditions and reasons for the extraordinary
measures being requested or provide any other information requested by the
administrator.
(2) The
administrator may approve an application for a temporary structure that will be
in existence for a short duration of four (4) months or less. Those temporary
structures which will be in existence for greater than four (4) months shall be
presented to the commission for consideration.
(3) This approval shall not be granted if it
is evident that the proposed temporary structure will adversely affect the
safety of air navigation.
Section
4.
(1) The administrator shall
submit the application, the results of his aeronautical study and his
recommendation for commission action to the commission at its next
meeting.
(2) At least twenty (20)
days prior to the commission meeting at which the application is to be
considered, the administrator shall circulate a copy of the application and the
conclusions of his aeronautical study to any interested parties, including
local airport boards, municipal and county governments' officials, airport
owners and operators.
(3)
(a) An interested party shall be permitted to
file with the commission written objections to or remarks about the
application.
(b) The objections or
remarks shall be filed with the commission not later than the date for filing
established in the circulated copy of the application.
(c) The date by which the objections or
remarks shall be received by the administrator shall provide all interested
parties with at least eighteen (18) days from the date the administrator mailed
the notice by first class mail.
Section 5.
(1) The application normally shall be
considered at the first meeting of the commission after the expiration of the
established period in which an interested party could file an objection to or
remarks about the application.
(2)
A copy of the commission's decision shall be mailed to the applicant and any
other interested parties who filed an objection to or remarks about the
application.
Section 6.
(1) If tentative approval of a permanent
structure is being sought, the applicant shall furnish to the administrator an
affidavit or sworn statement detailing the conditions and reasons for the
extraordinary measures being requested or provide any other information
requested by the commission or its administrator.
(2) The commission may grant tentative
approval of an application if:
(a) The time
for filing an objection to the application has not expired, but it appears to
the commission that an objection will not be filed; and
(b) It appears to the commission that the
proposed structure will not adversely affect the safety of air navigation;
or
(c) Other special conditions
imposed in the permit have been met.
(3) The commencement of any construction or
erection of the proposed structure the based on the issuance of tentative
approval by the commission prior to the issuance of a permit shall be at the
sole risk of the applicant.
(4) The
commission, its members, and its administrator shall not be responsible or
liable in any manner for any work performed prior to the issuance of a
permit.
Section 7.
Incorporation by Reference.
(1)
Transportation Cabinet Form TC 56-50, "Application for Permit to Alter or
Construct a Structure", revised effective August 2000 is incorporated by
reference.
(2) This material may be
inspected, copied, or obtained, subject to applicable copyright law, from the
Zoning Administrator, Division of Aeronautics, 200 Mero Street, Station:
W3-09-02, Frankfort, Kentucky 40622, Monday through Friday, 8 a.m. to 4:30 p.m.
The telephone number is (502) 564-4480. The fax number is (502)
564-7953.
STATUTORY AUTHORITY: KRS 183.861