Calaveras County Municipal Code Ch. 17.09 Airport Overflight (AO) Overlay Zone

The purpose of the airport overflight (AO) overlay zone is to assure that construction, maintenance, or establishment of structures, uses or objects of natural growth will not constitute hazards to air navigation; to minimize public exposure to airport-related hazards; and to assure the compatibility of land uses within the vicinity of airports in the county.

The standards of this chapter apply to areas within the airport influence area of the Calaveras County Airport.

Notwithstanding any other provisions of this chapter, no use may be made of land or water within the AO overlay zone in such a manner that would:

A. Create a "hazard to air navigation" as determined by the FAA;

B. Result in glare in the eyes of pilots using the airport;

C. Make it difficult for pilots to distinguish between airport lights and others;

D. Impair visibility in the vicinity of the airport;

E. Create steam or other emissions that cause thermal plumes or other forms of unstable air;

F. Create electrical interference with navigation signals or radio communication between the airport and aircraft;

G. Create an increased attraction for wildlife. Of particular concern are landfills and certain recreational or agricultural uses that attract large flocks of birds that pose bird strike hazards to aircraft in flight; or

H. Otherwise in any way endanger or interfere with the landing, takeoff or maneuvering of aircraft intending to use the airport.

Those uses permitted in the base zoning district, subject to the limitations and conditions set forth therein and consistent with the Calaveras County Airport Land Use Compatibility Plan.

In addition to the development standards of the base zoning district, development in the AO overlay zone is subject to the requirements, limitations and conditions set forth therein and consistent with the Calaveras County Airport Land Use Compatibility Plan.

New development exposed to CNEL above 55 dB shall comply with the following standards:

A. Single-Unit Residential Dwellings. New single-unit dwellings shall incorporate noise reduction design measures to achieve and maintain an interior noise level of CNEL 45 dB.

B. Other Development. For new hotels, motels, apartment houses, and dwelling units except single-unit dwellings, an acoustical study shall be prepared by a board certified acoustical engineer demonstrating that the proposed structure or structures have been designed to meet the noise reduction requirements and standards set forth in 21 CCR § 5012.

The criteria for determining the acceptability of a project with respect to height shall be based upon the standards set forth in Federal Aviation Regulations (FAR) Part 77, Subpart C, Objects Affecting Navigable Airspace. Additionally, where an FAA aeronautical study of a proposed object is required in accordance with FAR Part 77, Subpart C, the results of that study shall be taken into account by the county.

A. No object, including a mobile or temporary object such as construction crane, shall have a height that would result in penetration of any obstruction surface depicted in the Calaveras County Airport Land Use Compatibility Plan.

B. Within the primary surface and beneath the approach or transitional surfaces, objects shall be limited in height consistent with the airspace protection surfaces defined by FAR Part 77.

C. Nothing in this chapter shall be construed as prohibiting the construction or maintenance of any structure, or growth of any tree to a height up to thirty-five feet above the surface of the land.

Any person proposing construction or alteration within the airport overflight overlay district shall submit notification of the proposal to the FAA if such construction or alteration exceeds any of the following height standards:

A. Two hundred feet above ground level.

B. The plane of an imaginary surface extending outward and upward at a slope of one hundred to one for a distance of twenty thousand feet from the nearest point of any runway.

An avigation easement shall be required as specified in the Calaveras County Airport Land Use Compatibility Plan.

If an avigation easement is not required, residential development within the primary or secondary overflight area indicated in the Calaveras County Airport Land Use Compatibility Plan, an overflight notification shall be recorded and made evident to prospective purchasers of the property as specified in the Calaveras County Airport Land Use Compatibility Plan.

Nonconforming land uses which were in existence prior to the effective date of this chapter may continue pursuant to the requirements of the Calaveras County Airport Land Use Compatibility Plan.