Dunsmuir Municipal Code Ch. 14.08 Airport Zoning

Pursuant to the authority conferred by the Government Code of the state of California and standards of the Federal Aviation Administration, the city deems it necessary to create an "airport zoning ordinance" for the purpose of promoting the health, safety and general welfare of the inhabitants of the city by preventing the creation or establishment of airport hazards, thereby protecting the lives and property of the users of public airports and the occupants of the land in its vicinity and preventing destruction and impairment of the utility of the airports and public investment therein.

(Prior code App. B § 1.00; Ord. No. 549, § 1, 7-30-2015)

This chapter shall be known and may be cited as the "airport zoning ordinance of the city of Dunsmuir."

(Prior code App. B § 2.00; Ord. No. 549, § 1, 7-30-2015)

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

"Airport" means any airport publicly owned or operated or open to the public and so located that its exterior boundaries or any area within two miles thereof lie wholly or partly in the unincorporated parts of Siskiyou County.

"Airport hazard" means any structure or tree oruse 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.

"Nonconforming use" means 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" means any individual, firm, co-partnership, corporation, company, association, joint association or body politic, and includes any trustee, receiver, assignee, or other similar representative thereof.

"Pilot" means an individual solely responsible for the control and operation of an aircraft.

"Planning commission" means the planning commission of the city.

"Structure" means any object constructed or installed by man, including (but not limited to) buildings, towers, smokestacks and overhead transmission lines.

"Tree" means any object of natural growth.

(Prior code App. B § 3.00; Ord. No. 549, § 1, 7-30-2015)

A. In order to carry out the purposes of this chapter, all land within the vicinity of any airport is divided into approach zones, horizontal and conical surfaces, in accordance with Part 77 (objects affecting navigable airspace) of the Federal Aviation Regulations, as amended or revised, which are adopted and made a part hereof. Such zones are shown on Mott Field height limit zoning map, consisting of one sheet, prepared by Siskiyou County, and dated August 9, 1960. An area located in more than one of said zones is considered to be entirely within the zone of the more restrictive height limitation.

B. Such approach zones, transition zones, horizontal and conical surfaces shall not become effective unless and until the adoption of an airport zoning map or maps delineating such approach zones, transition zones, horizontal and conical surfaces, and height limits therefor, in the vicinity of the airport. Said airport zoning map shall be adopted in the same manner as the ordinance codified in this chapter, shall be made a part hereof, and shall be subject to amendments made pursuant to the law. Such amendments shall be entered on the airport zoning maps and the same shall be maintained up to date at all times.

(Prior code App. B § 4.00; Ord. No. 549, § 1, 7-30-2015)

Airport zoning maps shall be numbered, in the order of their adoption, as subsections of this section.

(Prior code App. B § 5.00; Ord. No. 549, § 1, 7-30-2015)

A. Except as otherwise provided in this chapter, no structure or tree shall be erected, altered, allowed to grow, or be maintained in any airport approach zone, transition zone, horizontal and conical surfaces, to a height in excess of the height limit specified for such zone as delineated upon the airport zoning map. Such height limits shall be those specified in aforesaid "Standards for Determining Obstructions to Air Navigation."

B. Expected Height Limitations. Nothing in this chapter shall be construed as prohibiting the growth, construction or maintenance of any tree or structure to a height up to fifty (50) feet above the surface of the land, commencing at a distance of not less than one thousand (1000) feet from end of runway of the airport.

(Prior code App. B § 6.00; Ord. No. 549, § 1, 7-30-2015)

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 harmful electrical interference with radio communication between the airport and aircraft, make it difficult for pilots to distinguish between airport lights and other lights, result in harmful glare in 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.

(Prior code App. B § 7.00; Ord. No. 549, § 1, 7-30-2015)

A. The regulations prescribed in Sections 14.08.050 and 14.08.060 shall not be construed to require the removal, lowering, or other change 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 is diligently prosecuted and completed within two years of the adoption of said ordinance.

B. Before any nonconforming structure or tree may be replaced, substantially altered or repaired, rebuilt, allowed to grow higher, or replanted, a permit shall be secured from the planning commission authorizing such replacement, change or repair. 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 theeffective date of the ordinance codified in this chapter or than it was when the application for such permit is made. Except as provided herein, all applications for permits shall be granted. No such permit shall be required to make maintenance repairs, or to replace parts of existing structures, or electrical distribution, or telephone poles or lines which do not enlarge or increase the height of existing structures, poles or lines.

(Prior code App. B § 8.00; Ord. No. 549, § 1, 7-30-2015)

Any person desiring to erect any structure, or increase the height of any structure, or permit the growth of any tree, or use his property otherwise than as required in this chapter may apply to the planning commission for variance from the regulation in question. Such variance shall be allowed where 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 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.

(Prior code App. B § 9.00; Ord. No. 549, § 1, 7-30-2015)

Any permit or variance granted under Section 14.08.080 or 14.08.090 may, if such action is deemed advisable to effectuate the purpose of this chapter and reasonable in the circumstances, be so conditioned as to require the owner of the structure or tree in question to permit city, at its own expense, to install, operate and maintain thereon such markers and lights as may be necessary to indicate to pilots the presence of an airport hazard.

(Prior code App. B § 10.00; Ord. No. 549, § 1, 7-30-2015)

The city manager of the city is designated the administrator, charged with the duty of administering and enforcing the regulations described in this chapter. The duties of the city manager shall include that of reviewing all applications for building permits within the approach zones, transition zones, horizontal and conical surfaces of Mott Airport in the city, but the city manager shall not have or exercise any of the powers or duties delegated to the city planning commission.

(Prior code App. B § 11.00; Ord. No. 549, § 1, 7-30-2015)

In the event of conflict between this chapter and any other regulations applicable to the same area or parcel of land, whether the conflict be with respect to the height of structures or trees, the use of land, or any other matter, and whether such other regulations were adopted by the city or by some other public agency, the more stringent limitations or requirements shall govern and prevail.

(Prior code App. B § 12.00; Ord. No. 549, § 1, 7-30-2015)

In the event that any person should erect, construct, move, alter, or attempt to erect, construct, move or alter any structure, or allow any tree to grow to a height in violation of the provisions of this chapter, the same is declared a public nuisance. It shall be the duty of the city attorney, when ordered by the city council, 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; or, if such erection, construction, moving, alteration or growth is being or has been accomplished, the city attorney, when ordered by the city council, shall enjoin such person from maintaining the same.

(Prior code App. B § 13.00; Ord. No. 549, § 1, 7-30-2015)

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 one thousand five hundred dollars ($1,500.00), 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 provided in this section.

(Prior code App. B § 16.00; Ord. 509 § 10 (part), 2002; Ord. No. 549, § 1, 7-30-2015)