Homework Question on Aviation Law
- Your city uses Euclidian zoning. The use categories include U-1 (single family residences), U-2 (multi-family residences), U-3(retail), U-4(light manufacturing), and U-5(heavy manufacturing). You have purchased a parcel that is zoned as U-4, but you want to build a retail store. Must you apply to have the property rezoned?
- A small radio station is located along an airport’s flight path. The station has been granted a variance to continue operating its station, even though it is a nonconforming use. The Station wants to upgrade its facility and construct a taller antenna. Must it provide notice to the FAA before installing the new antenna?
- Under what conditions are a nonconforming use permitted in an airport zone?
- You own a chicken farm. IN the past year, operations at the nearby airport have gradually increased. The additional noise has upset your chickens so much that they have stopped laying eggs. The airport submitted a noise exposure map and notice was published in the newspaper. Can you sue the airport for the loss of revenue?
- An airport is in the process of submitting a proposed noise abatement program to the FAA. There are two runways on the airport. One leads aircraft over an urban area, while the other uses a flight path that takes aircraft over a rail yard and manufacturing facilities. As part of its noise abatement program, may the airport designate the latter runway as a preferred runway?
Which of the following may be considered as part of a noise abatement program:
- Installing acoustic shielding on airport grounds;
- Installing acoustic shielding outside the airport boundary;
- Restricting Stage 1 and 2 aircraft from using the airport at all hours
- Restricting Stage 3 aircraft from using the airport during the hours of 9pm to 5a.m of the following day
- Acquiring the land in the most affected areas through eminent domain.
Homework Answer on Aviation Law
1.Must one apply for property rezoning in his city that uses Euclidian Zoning, If the intention applied is changed?
These rely on what is contained in the zoning ordinance. The property owner is being granted an option to request a use variance that permits structure that is nonconforming or their property use. When there is an intention to change the structure, apart from the one that you were permitted, you are required to apply for property rezoning.
2.The radio station that is permitted to continue operating with the grated variance, even though it has a nonconforming use. Should it notify the FAA before the installation of the new antenna?
The radio station even though it granted the variance of continuous operation. It should tell the radio station before the facility because the antenna’s height will cause pilot impairment as it will interfere with the visibility, it will be difficult for him to differentiate the airport flashlight signals and that of the radio communications.3. The conditions under which a nonconforming use is permitted an airport zone are;
3.If the property before the zoning ordinance implemented, it was in its current use and if the provision that applies to the retroactive is not contained in the zoning ordinance. Depending on what is written in the law, the property owners are allowed to claim the permit to allow to use a nonconforming structure on their assets. When the model zoning allows the property owners to apply for the variance nonconforming use when the airport authorities have inspected their land to ensure that the property does not distract the airport pilots.