Diamond Bar Municipal Code Div. 2 Airport Protection

The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Airport means any:

(1) Publicly owned airport;

(2) Privately owned airport from which military aircraft are permitted to operate and which is of significant military importance as determined by the Department of Defense of the United States; or

(3) Privately owned airport which is used as a landing area by scheduled commercial airlines certified by the Civil Aeronautics Board or by commercial airlines operating under a valid certificate issued by the Civil Aeronautics Administration or by the federal agencies having jurisdiction over such matters.

The word "airport" does not include any other airport.

(Ord. No. 14(1989), § 2(16.42.010), 6-27-89)

Cross reference— Definitions generally, § 1.00.070.

This division applies to every airport located within the area covered by the franchise, and every airport within the city, the exterior boundary of the aircraft landing area of which is within two miles of such franchise area, except that if the franchise is a blanket franchise covering all the territory of the city, then this division applies to all airports within the city.

(Ord. No. 14(1989), § 2(16.42.020), 6-27-89)

Unless the ordinance granting the franchise specifically otherwise provides, one of the conditions of every franchise granted after March 6, 1959, the effective date of the ordinance codified in this division, shall be that, after the effective date of the ordinance granting the franchise, the grantee shall not construct any structure of any kind other than office buildings and residential buildings, whether such structure is constructed or maintained pursuant to such franchise or otherwise, in the vicinity of the exterior boundary of an aircraft landing area of any airport, as defined in this division, in such a location with respect to such airport and at such height as to constitute an obstruction to air navigation, as an obstruction is defined in accordance with the United States Civil Aeronautics Administration Technical Standard Order No. 18, as now or hereafter amended, or by any corresponding rules or regulations of the United States Civil Aeronautics Administration.

(Ord. No. 14(1989), § 2(16.42.030), 6-27-89)

The grantee shall submit to the city engineer one copy of plans and specifications for construction of any structure within two miles of any exterior boundary of an aircraft landing area of an airport except an office building or residential building, before construction is commenced. The city engineer, within 15 days after receipt of the plans and specifications, shall notify the grantee as to his approval of the location and height of the proposed construction, or disapproval in the event the construction is not in compliance with this division.

(Ord. No. 14(1989), § 2(16.42.040), 6-27-89)

This division does not apply to the following:

(1) In cases in which the franchise requires the grantee to relocate, modify, rearrange or change any facility erected, constructed, installed or maintained by the grantee pursuant to the franchise, the grantee may make such relocation, modification, rearrangement or change so long as the height thereof is not increased; or, if an increase in height is required by any ordinance, statute, rule or regulation or by such relocation, modification, rearrangement or change, such increase is not greater than so required.

(2) Whenever the grantee finds it necessary to repair, alter, improve or replace any structure, whether erected, constructed, installed or maintained pursuant to the franchise, or otherwise, except an office or residential building, the grantee shall have the right to make any such repair, alteration, improvement, replacement or addition so long as the height thereof is not increased.

(Ord. No. 14(1989), § 2(16.42.050), 6-27-89)

This division does not require the grantee to reroute, remove, relocate, rearrange, modify, alter, change, reconstruct or place underground any structure maintained pursuant to the franchise, or otherwise, upon the effective date of the ordinance granting the franchise, should it at any time be determined that any such work constitutes an obstruction to air navigation.

(Ord. No. 14(1989), § 2(16.42.060), 6-27-89)

This division does not require the grantee to reroute, remove, relocate, rearrange, modify, alter, change, reconstruct or place underground any structure maintained pursuant to the franchise, or otherwise, constructed after the effective date of the ordinance granting the franchise, which becomes an obstruction to air navigation if such structure was not an obstruction to air navigation at the time of its construction.

(Ord. No. 14(1989), § 2(16.42.070), 6-27-89)