Chapter 2.1 — AIRPORT ZONING

Footnotes:

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1. As to zoning generally, see ch. 28 of this Code.

Pursuant to the authority conferred by Article XI, Section 11 of the California Constitution, the city council of the City of Alturas, State of California deem it necessary to create an "Airport Approaches Zoning

Ordinance" for the purpose of promoting the health, safety and general welfare of the inhabitants of the City of Alturas by preventing the creation or establishment of airport hazards, thereby protecting the lives and property of the users of the Alturas Airport and of the occupants of the land in its vicinity and preventing destruction and impairment of the utility of the airport and public investment therein.

(Ord. No. 339, § 1.)

This chapter shall be known and may be cited as the Alturas Airport Zoning Ordinance of the City of Alturas.

(Ord. No. 339, § 2.)

For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section unless the context otherwise requires:

Airport. The Alturas Airport.

Airport hazard. Any structure or tree or use of land which obstructs the airspace required for the flight of aircraft in landing or taking off at the airport or is otherwise hazardous to such landing or taking off of aircraft.

City or county. Any city, county or city and county.

Landing area. The area of the airport used for the landing, take-off or taxiing of aircraft.

Nonconforming use. Any structure, tree or use of land which does not conform to a regulation prescribed in this chapter or an amendment thereto, as of the effective date of such regulations.

Person. Any individual, firm, co-partnership, corporation, company, association, joint stock association, city, county or district and includes trustees, receivers and assigns.

Planning commission. The planning commission of the City of Alturas, State of California.

Structures. Any object constructed or installed by man, including, but not limited to, buildings, towers, smokestacks and overhead lines.

Tree. Any object of natural growth.

(Ord. No. 339, § 3.)

In order to carry out the purposes of this chapter, all of the land within the boundaries of the Alturas Airport and other land in the vicinity of the airport is hereby divided into horizontal zones, conical zones, transition zones and runway approach zones, boundaries of which are shown on the Alturas Airport Zoning Map.

The Alturas Airport Zoning Map is hereby approved as the official map for such zoning purposes and shall be on file in the office of the city clerk and is hereby made a part of this chapter, subject to amendments thereof made pursuant to law from time to time. Such amendments shall be entered on the official map and the same shall be maintained up to date at all times.

In order to carry out the purpose of this chapter, the boundaries of the zones provided for in this section shall be as set forth in the Alturas Airport Zoning Map, a copy of which shall be on file in the office of the city clerk. Said map shall be available for examination at all times that said office is open for business.

(Ord. No. 339, §§ 4, 5.)

Except as otherwise provided in this chapter, no structure shall be erected, altered or maintained in any airport approach zone, transition zone, horizontal zone or conical zone to a height in excess of the height limit herein established for each zone. For purposes of determining these height limits as hereinafter specified, the United States Coast and Geodetic Survey has established the official elevation reference to be four thousand three hundred seventy-five feet. For the purpose of this regulation, the following height limits are hereby established for each of the zones in question:

(a)

Horizontal zone. One hundred fifty feet above established airport elevation or at four thousand five hundred twenty-five feet.

(b)

Conical zone. One hundred fifty feet at the inner perimeter and increasing in height at the ratio of 20:1 for four thousand feet to the outer perimeter, or at four thousand five hundred twenty-five feet at the inner perimeter increasing in height at the ratio of 20:1 for four thousand feet to the outer perimeter at four thousand seven hundred twenty-five feet.

(c)

Runway approach zone. 13 and 31 as designated on said Alturas Airport shall not exceed a height greater than permitted by a 20:1 glidescope and continuing to an intersection with the horizontal surface.

(d)

Transition zone. The height to be determined within the boundaries of the transition zone by reference to Alturas Airport Zoning Map at a ratio of 7:1, commencing at the boundary of the primary surface.

(e)

Additional runways. Runway approach zone 03 and 21 as designated on said Alturas Airport shall not exceed a height greater than permitted by a 20:1 glidescope and in no event to exceed one hundred fifty feet elevation.

(Ord. No. 339, § 5.)

No use may be made of land within any airport approach zone, horizontal zone, conical zone or airport transition zone in such a manner as to create electrical interference with radio communication between the airport and aircraft, make it difficult for pilots to distinguish between airport lights and other lights, project glare into the eyes of the pilots using the airport, impair visibility in the vicinity of the airport, or otherwise endanger the landing, takeoff or maneuvering of aircraft.

(Ord. No. 339, § 6.)

The regulations prescribed in sections 2.1-5 and 2.1-6 shall not be construed to require the removal, lowering or other changes or alterations of any structure or tree not conforming to the regulations as of the effective date hereof, or otherwise interfere with the continuance of any nonconforming use. Nothing herein contained shall require any change in the construction, alteration or intended use of any structure, the construction or alteration of which was begun prior to the effective date of this chapter^[2] and is diligently prosecuted and completed within a reasonable time thereof.

(Ord. No. 339, § 7.)

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2. Editor's note .—The ordinance from which this section is derived was adopted on May 27, 1976.

The director of public works of the city is hereby designated the administrator charged with the duty of administering and enforcing the regulations herein described. The planning commission shall review and decide upon all applications for permits and variances under sections 2.1-9 and 2.1-10.

(Ord. No. 339, § 8.)

Before any nonconforming structure or tree may be replaced, substantially altered or repaired, rebuilt, allowed to grow higher or replanted, a permit must be secured from the planning commission. No permit shall be granted that would allow the establishment or creation of an airport hazard or permit a nonconforming structure or tree or nonconforming use to be made or become higher or become a greater hazard to air navigation than it was on the effective date of this chapter,^[3] or than it is when the application for a permit is made. Except as provided herein, all applications for permits shall be granted. No such permittee shall be required to make maintenance repairs to or to replace parts of existing structures which do not enlarge or increase the height of the existing structure.

(Ord. No. 339, § 9.)

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3. Editor's note .—The ordinance from which this section is derived was adopted on May 27, 1976.

Any person desiring to erect any structure or increase the height of any structure or permit the growth of any tree or otherwise use his property in violation of airport zoning regulations adopted under this chapter may apply to the planning commission for a variance from the zoning regulations in question. Such variances shall be allowed where a literal application or enforcement of the regulations would result in practical difficulty or unnecessary hardship and where the relief granted would not be contrary to the public interest, but do substantial justice and be in accordance with the spirit of the regulations and this chapter; provided, that any variance may be allowed subject to any reasonable conditions that the planning commission may deem necessary to effectuate the purpose of this chapter.

(Ord. No. 339, § 10.)

In the event any person should erect, construct, move or alter or attempt to erect, construct, move or alter any structure or allow any tree to exceed a height in violation of the provisions of this chapter, the same is hereby declared a public nuisance, and it shall be the duty of the District Attorney of the County of Modoc to bring and prosecute an action, in any court of competent jurisdiction, to enjoin such person from continuing such erection, construction, moving, alteration or growth. If such erection, construction, moving, alteration or growth is being or has been accomplished, the district attorney shall bring and prosecute an action to enjoin such person from maintaining same.

(Ord. No. 339, § 11.)

Any person violating any provisions of this chapter shall be guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not more than five hundred dollars or by imprisonment for a term not exceeding six months, or by both such fine and imprisonment. Such person shall be deemed guilty of a separate offense for each and every day during any portion of which any violation of this chapter is committed, continued or permitted by such person and shall be punishable as herein provided.

(Ord. No. 339, § 12.)