Chowchilla Municipal Code Ch. 14.08 Airport/Airspace Zoning

It is found that an airport hazard endangers the lives and property of users of Chowchilla Airport and of occupants of land 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 Chowchilla Airport and the public investment therein. 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 Chowchilla 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. 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 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.

(Ord. 218-69 § 14, 1969)

The ordinance codified in this chapter shall be known and may be cited as "Chowchilla Airport/Airspace Zoning Ordinance."

(Ord. 218-69 § 15, 1969)

As used in this chapter, unless the context otherwise requires:

A. "Airport" means Chowchilla Airport.

B. "Airport elevation" means the established elevation of the highest point on the usable landing area.

C. "Airport hazard" means any structure, tree or use of land which obstructs the airspace required for, or is otherwise hazardous to, the flight of aircraft in landing or taking off at the airport.

D. "Airport reference point" means the point established as the approximate geographic center of the airport landing area and so designated.

E. "Height." For the purpose of determining the height limits in all zones set forth in this chapter and shown on the zoning map, the datum shall be mean sea level elevation unless otherwise specified.

F. "Landing area" means the area of the airport used for the landing, take off or taxiing of aircraft.

G. "Nonconforming use" means any structure, tree or use of land which is lawfully in existence at the time the regulation is prescribed in the ordinance codified in this chapter, or an amendment thereto becomes effective, and which does not then meet the requirements of said regulation.

H. "Person" means an individual, firm, partnership, corporation, company, association, joint stock association or body politic, and includes a trustee, receiver, assignee, administrator, executor, guardian, or other representative.

I. "Runway" means the paved surface of an airport landing strip.

J. "Structure" means an object constructed or installed by man, including, but without limitation, buildings, towers, smokestacks and overhead transmission lines.

K. "Tree" means any object of natural growth.

(Ord. 218-69 § 15, 1969)

In order to carry out the provisions of this chapter, there are created and established certain zones, which include some of the space above land lying within the approach zone, transition zones, horizontal zone and conical zone. Such spaces and zones are shown on the Chowchilla Airport/Airspace Zoning Map, consisting of one sheet prepared by the Madera County Planning Department and dated October 31, 1969, which is attached to the ordinance codified in this chapter and made a part hereof. The various zones are hereby established and defined as follows:

A. Approach Zone. An approach zone is established at each end of all runways on Chowchilla Airport for landings and take-offs. The approach zone shall have a width of two hundred feet at each end of the runway, widening thereafter uniformly to a width of one thousand feet at a distance of ten thousand two hundred feet beyond each end of the runway, its centerline being the continuation of the centerline of the runway.

B. Transition Zones. Transition zones are established adjacent to each runway and approach zone as indicated on the zoning map. Transition zones symmetrically located on either side of runways, have variable widths as shown on the zoning map. Transition zones extend outward from a line one hundred feet on either side of the centerline of the runway, for the length of such runway, plus two hundred feet on each end. The transition zones along such runway slope upward and outward one foot vertically for each seven feet horizontally to the point where they intersect the surface of the horizontal zone. Further, transition zones are established adjacent to approach zones for the entire length of the approach zones. These transition zones have variable widths, as shown on the zoning map. Such transition zones have variable widths, as shown on the zoning map. Such transition zones flare symmetrically with either side of the runway approach zones from the base of such zones, and slope upward and outward at the rate of one foot vertically for each seven feet horizontally to the points where they intersect the surfaces of the horizontal and conical zones.

C. Horizontal Zone. A horizontal zone is hereby established as the area within a circle with its center at the airport reference point and having a radius of five thousand feet. The horizontal zone does not include the approach zones and the transition zones.

D. Conical Zone. A conical zone is hereby established commencing at the periphery of the horizontal zone and extending to a distance of eight thousand feet from the airport reference point. The conical zone does not include the approach zones and transition zones.

(Ord. 218-69 § 17, 1969)

A. Except as otherwise provided in this chapter, no structure or tree shall be erected, altered, allowed to grow or maintained in any zone created by this chapter to a height in excess of the height limit established in this section for such zone. Such height limitations are computed from the established airport elevation, and are established for each of the zones in question as follows:

1. Approach Zones. One foot in height for each twenty feet in horizontal distance, beginning at a point two hundred feet from the end of the runway and extending to a point ten thousand two hundred feet from the end of the runway;

2. Transition Zones. One foot in height for each seven feet in horizontal distance, beginning at a point one hundred feet from the centerline of runway measured at right angles to the longitudinal centerline of the runway, and extending upward to a maximum height of one hundred fifty feet above the established airport elevation, which is two hundred thirty-nine feet (highest point of usable landing area) above mean sea level. In addition to the foregoing, there are established height limits of one foot vertical height for each seven feet horizontal distance, measured from the edges of all approach zones for the entire length of the approach zones, and extending upward and outward to the points where they intersect the horizontal and conical surfaces;

3. Horizontal Zone. One hundred fifty feet above the established airport elevation or a maximum height of three hundred eighty-nine feet above mean sea level elevation;

4. Conical Zone. One foot in height for each twenty feet of horizontal distance, beginning at the periphery of the horizontal zone and measured in an inclined plane passing through the airport reference point.

B. Where an area is covered by more than one height limitation, the more restrictive limitation shall prevail.

(Ord. 218-69 § 18, 1969)

Notwithstanding any other provisions of this chapter, no use may be made of land within any zone established by this chapter in such a manner as to create electrical interference with radio communication between the airport and aircraft, make it difficult for flyers to distinguish between airport lights and others, result in glare in the eyes of flyers using the airport, impair visibility in the vicinity of the airport, or otherwise endanger the landing, taking-off or maneuvering of aircraft.

(Ord. 218-69 § 19, 1969)

The regulations prescribed by this chapter shall not be construed to require the removal, lowering or other changes or alteration of any structure or tree not conforming to the regulations as of the effective date of the ordinance codified in this chapter, 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 the ordinance codified in this chapter, and which is diligently prosecuted.

(Ord. 218-69 § 20(a), 1969)

Notwithstanding the provisions of Section 14.08.070, the owner of any nonconforming structure or tree is hereby required to permit the installation, operation and maintenance thereon or adjacent thereto of such markers and lights as shall be deemed necessary by the city of Chowchilla to indicate to the operators of aircraft in the vicinity of the airport, the presence of such airport hazards. Such markers and lights shall be installed, operated, and maintained at the expense of the city.

(Ord. 218-69 § 20 (b), 1969)

A. Future Uses. Except as specifically provided in subsections 1, 2 and 3 hereunder, no material change shall be made in the use of land, and no structure or tree shall be erected, altered, planted or otherwise established in any zone created in this chapter unless a permit therefor shall have been applied for and granted. Each application for a permit shall indicate the purpose for which the permit is desired, with sufficient particularity to permit it to be determined whether the resulting use, structure or tree would conform to the regulations herein prescribed. If such determination is in the affirmative, the permit shall be granted.

1. In the area lying within the limits of the horizontal zone and the conical zone, no permit shall be required for any tree or structure less than seventy-five feet of vertical height above the grounds except when, because of terrain, land contour or topographic features such tree or structure would extend above the height limits prescribed for such zone.

2. In the areas lying within the limits of the approach zones but at a horizontal distance of not less than four thousand two hundred feet from each end of the runways, no permit shall be required for any tree or structure less than seventy-five feet of vertical height above the ground, except when such tree or structure would extend above the height limit prescribed for such approach zone.

3. In the areas lying within the limits of the transition zones beyond the perimeter of the horizontal zone, no permit shall be required for any tree or structure less than seventy-five feet of vertical height above the ground except when such tree or structure, because of terrain, land contour or topographic features, would extend above the height limit prescribed for such transition zones.

B. Nothing contained in any of the foregoing exceptions shall be construed as permitting or intending to permit any construction, alteration or growth of any structure or tree in excess of any of the height limits established by this chapter, except as set forth in Section 14.08.050.

(Ord. 218-69 § 21 (a), 1969)

No permit shall be granted that would allow the establishment or creation of an airport hazard or permit a nonconforming use, structure or tree to be made or become higher or become a greater hazard to air navigation, than it was on the effective date of the ordinance codified in this chapter or any amendments thereto, or than it is when the application for a permit is made. Except as indicated, all applications for such a permit shall be granted.

(Ord. 218-69 § 21(b), 1969)

Any permit or variance granted may, if such action is deemed advisable to effectuate the purpose of this chapter and be reasonable in the circumstances, be so conditioned as to require the owner of the structure or tree in question to permit the city, at its own expense to install, operate and maintain thereon or adjacent, such markers and lights as may be necessary to indicate to flyers the presence of an airport hazard.

(Ord. 218-69 § 21(e) , 1969)

Whenever the planning commission determines that a nonconforming structure or tree has been abandoned or more than eighty percent torn down, physically deteriorated or decayed, no permit shall be granted that would allow such structure or tree to exceed the applicable height limit or otherwise deviate from the zoning regulations.

(Ord. 218-69 § 21(c), 1969)

Any person desiring to erect or increase the height of any structure, or permit the growth of any tree, or use his property, not in accordance with the regulations prescribed in this chapter may apply to the planning commission for a variance from such regulations. Such variances shall be allowed where it is duly found that a literal application or enforcement of the regulations would result in practical difficulty or unnecessary hardship and the relief granted would not be contrary to the public interest but will do substantial justice and be in accordance with the spirit of this chapter.

(Ord. 218-69 § 21(d), 1969)

The city council may, by resolution, adopt rules and regulations pertaining to the use and operation of the Chowchilla municipal airport and airport facilities. The rules and regulations may govern, relate to, and otherwise regulate the use and operation of all facilities located at the municipal airport, including but not limited to hangars, runways, taxiways, gas pumping and storage facilities, parking and parking lots, wash racks, the maintenance and operation of fixed-based operators, including agricultural operations, the maintenance and operation of transient operators, including transient agricultural operators, the maintenance and use of all vehicles, and related matters. The rules and regulations as the council may adopt pursuant to this section shall not be inconsistent with other provisions of this chapter, or general law. The violation of the rules and regulations as the council may adopt pursuant to this section, is deemed to be a violation of this municipal code and shall be punishable in accordance with Chapters 1.01 and 1.16 of this municipal code.

(Ord. 353-85 § 1, 1985)