(a)

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Terms Used In Tennessee Code 42-6-116

  • Airport: means any area of land or water designed and set aside for the landing and taking off of aircraft and utilized or to be utilized in the interest of the public for such purposes. See Tennessee Code 42-6-101
  • Code: includes the Tennessee Code and all amendments and revisions to the code and all additions and supplements to the code. See Tennessee Code 1-3-105
  • Incompatible use: means any structure or use of land, as identified in airport noise compatibility planning, in Title 14 of the Code of Federal Regulations, Part 150, which was promulgated pursuant to the former Aviation Safety and Noise Abatement Act of 1979, 49 U. See Tennessee Code 42-6-101
  • Structure: means any object constructed or installed by humans, including, but not limited to, buildings, towers, smokestacks, and overhead transmission lines. See Tennessee Code 42-6-101
(1) Notwithstanding this chapter or any zoning ordinance or resolution created under the powers granted pursuant to title 13, chapter 7, part 1 or 2, or pursuant to any private act, no structure shall be erected or use of land approved that would create an incompatible use. The appropriate local governing body shall give adequate notice to any affected airport governing body of any proposal for a zoning classification change or building variance before the local governing body considers the change or variance.
(2) Any airport that has not conducted an airport noise compatibility plan, pursuant to Title 14 of the Code of Federal Regulations, Part 150, shall not be required to conduct such a study, nor shall it be required to adopt zoning for purposes of addressing incompatible use.
(b) Subsection (a) does not apply in any county having a metropolitan form of government and having a population greater than one hundred thousand (100,000), according to the 1990 federal census or any subsequent federal census.
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