Section 76.10  Introduction

a)         Zoning provisions regulating and restricting the height of structures and objects of natural growth, and otherwise regulating the use of property in the vicinity of the Rochelle Municipal Airport by creating appropriate surfaces, and establishing the boundaries thereof; providing for changes in the restrictions and boundaries of such surfaces, defining certain terms used herein; referring to the Rochelle Municipal Airport zoning map (Note:  this zoning map can be viewed at the Department of Transportation, Division of Aeronautics, Capital Airport, Springfield, Illinois, 62706.  For an example of this information see 92 Ill. Adm. Code 18, Exhibits A, B and C.); providing for enforcement; imposing penalties in the interest of public safety and welfare; and providing for notice of construction or alteration.

b)         These zoning regulations are adopted at the request of the City of Rochelle, a municipal corporation of the State of Illinois, as owner and operator of Rochelle Municipal Airport, pursuant to the authority conferred by an Act entitled, the Airport Zoning Act as approved July 17, 1945 (Ill. Rev. Stat. 1981, ch. 15½, pars. 48.1 et seq.).  It is hereby found that an airport hazard endangers the lives and property of users of Rochelle Municipal Airport and of occupants of land or to property in its vicinity, and also, if of the obstruction type, in effect reduces the size of the area available for the landing, taking off and maneuvering of aircraft, thus tending to destroy or impair the utility of Rochelle Municipal Airport and the public investment therein.

1)         Accordingly, it is declared:

A)        that the creation or establishment of an airport hazard is a public nuisance and an injury to the region served by Rochelle Municipal Airport;

B)        that it is necessary in the interest of the public health, public safety and general welfare that the creation or establishment of airport hazards be prevented, and

C)        that the prevention of these hazards should be accomplished to the extent legally possible by the exercise of the police power without compensation.

2)         It is further declared that both the prevention of the creation or establishment of airport hazards and the elimination, removal, alteration, mitigation, or marking and/or lighting of existing airport hazards are public purposes for which political subdivisions may raise and expend public funds and acquire land or interests in land.

c)         It is hereby determined by the Department of Transportation, Division of Aeronautics, State of Illinois, that the zoning regulations for Rochelle Municipal Airport be adopted as follows: