Chapter 151 — AIRPORT ZONING

This chapter shall be known and may be cited as the “Airport Zoning Regulations of the City”. ('63 Code, § 10-1.01) (Ord. 2660, passed 6-19-56)

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

AIRPORT. Any publicly owned or publicly administered airport located within the city.

AIRPORT APPROACH ZONE. The approach area and the air space directly above it.

AIRPORT HAZARD. Any structure, tree, or use of land which obstructs the air space required for the flight of aircraft in landing or taking off from any airport or which is otherwise hazardous to such landing or taking off of aircraft.

AIRPORT HAZARD AREA. Any area of land or water upon which an airport hazard might be established if not prevented as provided in this chapter. The zones described in this section are hereby designated as the airport hazard areas of all airports subject to the provisions of this chapter.

AIRPORT REFERENCE POINT. A point selected and marked at the approximate center of the airport landing area. AIRPORT TRANSITION ZONE. The land area directly beneath the transition surfaces and the air spaces directly above and below the transition surfaces.

AIRPORT TURNING ZONE. The land areas directly beneath the conical surface and the horizontal surface and the air spaces directly above and below the horizontal surface and the conical surface.

APPROACH AREA LENGTH. The approach area has a length of 10,000 feet beginning 200 feet outward from the end of each runway and extended outward, ending at a point 10,200 feet from the end of the runway on the extended center line of the runway. In addition, the approach areas of all runways which are used for instrument operation shall extend outward an additional 40,000 feet. The approach area requirements for instrument runways shall apply to all runways which are used for instrument operations and to both ends of such runways.

APPROACH AREA SLOPE. For instrument runways the slope of the approach surface along the runway center line extended is 50:1 for the inner 10,000 foot section and 40:1 for the outer 40,000 foot section. For all other runways, not intended for instrument operation, which meet or exceed the minimum runway length requirements for feeder carrier service, the slope is 40:1. On airports with shorter runway lengths than those specified for feeder air carrier service, the slope of the approach surface is 20:1 for all runways.

APPROACH AREA WIDTH. The approach area is symmetrically located with respect to the extended runway center line and for all instrument runways has a total width of 1,000 feet at the end adjacent to the runway. The approach area flares uniformly to a total width of 4,000 feet at the end of the 10,000-foot section and to a total width of 16,000 feet at the end of the additional 40,000foot section. For all other runways not intended for instrument operation, the approach area has a total width at the end adjacent of the runway and at the approach respectively as follows:

• (1) For express air carrier service and larger airports, 500 feet and 2,500 feet;

• (2) For trunk line air carrier service airports, 400 feet and 2,400 feet;

• (3) For feeder air carrier service airports, 300 feet and 2,300 feet; and,

• (4) For secondary airports, 250 feet and 2,250 feet.

APPROACH SURFACES. Inclined planes located directly above the approach area. The dimensions of the approach shall be measured horizontally.

CONICAL SURFACE. The conical surface extends upward and outward from the periphery of the horizontal surface with a slope of 20:1 measured in a vertical plan passing through the airport reference point. Measuring radially outward, from the periphery of the horizontal surface, the conical surface extends for a horizontal distance of 7,000 feet for intercontinental airports and intercontinental express airports; 5,000 feet for continental, express, trunk line, and feeder airports; and 3,000 feet for all smaller airports.

ESTABLISHED ELEVATION OF AN AIRPORT. The elevation of the highest point of the usable landing area. HORIZONTAL SURFACE. The horizontal surface is a plane, circular in shape, with its height 150 feet above the established

airport elevation and having a radius from the airport reference point as indicated in the following table, which table also indicates the classification of each airport for the purposes of this chapter:

• (1) Intercontinental express airports, 13,000 feet.

• (2) Intercontinental airports (Arcata Airport), 11,500 feet.

• (3) Continental airports, 10,000 feet.

• (4) Express airports, 8,500 feet.

• (5) Trunk line airports, 7,000 feet.

• (6) Feeder airports (Rohnerville Airport), 6,000 feet.

• (7) Secondary airports (Eureka County Airport, Eureka Municipal Airport, Garberville Airport, Shelter Cove Airport, and Dinsmore Airport), 5,000 feet.

LANDING AREA. The area of an airport used for landing, taking off, or taxiing of aircraft, consisting of the areas more particularly described in other sections of this chapter.

NONCONFORMING USE. Any structure, tree, or use of land which does not conform to a regulation prescribed in this chapter on June 21, 1956.

STRUCTURE. Any object constructed or installed by man, including, but without limitations, buildings, towers, smokestacks, mill burners, and overhead transmission lines.

TRANSITIONAL SURFACES. The transitional surfaces and inclined planes with a slope of 7:1 measured upward and outward

in a vertical plane at right angles to the center line of the runway. The transitional surfaces, symmetrically located on either side of the runway, extend upward and outward from a line on either side of the runway which is parallel to and level with the runway center line. Such parallel lines are at a horizontal distance from the runway center line equal to one-half the minimum width of the approach area. Transitional surfaces extend from the edges of all approach surfaces upward and outward to the intersection with the horizontal surface or conical surface. The approach surfaces for instrument runways projecting through and beyond the limits of the conical surface have a 7:1 transitional surface extending a distance of 5,000 feet measured horizontally from the edge of the approach surfaces and at right angles to the runway center line.

TREE. Any object of natural growth.

('63 Code, § 10-1.02) (Ord. 2660, passed 6-19-56)

(A) Except as otherwise provided in this chapter, no structure shall be erected or altered, and no tree shall be maintained in any airport approach zone, airport turning zone, or airport transition zone to a height which would project above the approach surface, the horizontal surface, the conical surface, or the transitional surface.

(B) Whenever or wherever any of such surfaces overlap, the most lightly restrictive requirement shall govern and control; provided, however, the foregoing descriptions shall not impose upon the city any duty of maintenance or care. ('63 Code, § 10-1.03) (Ord. 2660, passed 6-19-56) Penalty, see § 150.999

Notwithstanding any other provisions of this chapter, no use may be made of land within any airport approach zone, airport turning zone, or airport transition zone in such manner as to create electrical interference with radio communications 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.

('63 Code, § 10-1.04) (Ord. 2660, passed 6-19-56) Penalty, see § 150.999

The regulations prescribed in § 151.04 of this chapter shall not be construed to require the removal, lowering, or other change or alteration of any structure or tree not conforming to such regulations on June 21, 1956, nor otherwise interfere with the

continuance of any nonconforming use. ('63 Code, § 10-1.05) (Ord. 2660, passed 6-19-56)

The County Division of Aviation is hereby designated the administrative agency charged with the duty of administering and enforcing the regulations of this chapter. The duties of the County Division of Aviation shall include that of hearing and deciding all permits, except as provided in § 151.07 of this chapter, but shall not include any of the powers or duties delegated to the Council. The County Division of Aviation shall prepare and make available to the public maps showing the approximate elevation of all property affected by this chapter in order to aid property owners in complying with the provisions of this chapter. Copies of such maps shall also be furnished to the office of the Director of Public Works and to the Planning Commission for public use. ('63 Code, § 10-1.06) (Ord. 2660, passed 6-19-56; Am. Ord. 587-C.S., passed 2-21-95)

Any person desiring to erect or increase the height of any structure, or permit the growth of any tree, or use his property in conflict with the provisions of this chapter may apply to the Planning Commission for a variance therefrom, and such variance may be granted by the Council following the receipt of a report of findings by the Planning Commission. Such variance shall be permitted when a literal application or enforcement of the regulations of this chapter would result in practical difficulty or unnecessary hardship and the relief granted would not be contrary to the public interest, but would do substantial justice and be in accordance with the spirit of the provisions of this chapter; provided, however, any such variance may be subject to such reasonable conditions and restrictions as the Council may deem necessary. ('63 Code, § 10-1.07) (Ord. 2660, passed 6-19-56)

Before any nonconforming structure may be replaced, substantially altered, or rebuilt within any airport approach zone, airport turning zone, or airport transition zone, a permit shall be secured authorizing such replacement or change. Such permit shall be granted except when the granting thereof would permit the establishment or creation of an airport hazard or permit a

nonconforming use or structure to be made or become higher or become a greater hazard to air navigation than existed on the effective date of the applicable regulation thereunder. In the event of emergencies affecting the public welfare or safety, or the preservation of property, any nonconforming structure may be replaced or repaired without first obtaining a permit provided an application for a permit is filed with the County Division of Aviation within 24 hours after such department is first opened subsequent to the emergency.

('63 Code, § 10-1.08) (Ord. 2660, passed 6-19-56; Am. Ord. 587-C.S., passed 2-21-95)

Any permit or variance granted pursuant to the provisions of this chapter, if such action is deemed advisable to effectuate the purposes of this chapter and is reasonable in the circumstances, may be so conditioned as to require the owner of the structure in question to install, operate, and maintain thereon such markers and lights as may be necessary to indicate to flyers the presence of an airport hazard. The provisions of this section shall apply only to any nonconforming structure or tree and to any nonconforming structure or tree which is replaced, altered, or rebuilt in such a way as to create a greater hazard than existed before such replacement, alteration, or rebuilding commenced.

('63 Code, § 10-1.09) (Ord. 2660, passed 6-19-56)

(A) Any person aggrieved or affected by any decision of the County Division of Aviation, made in the administration of the provisions of this chapter, if of the opinion that a decision of the County Division of Aviation is an improper application of this chapter, shall appeal to the Council prior to introducing any litigation forming the subject matter of such grievance.

(B) Such appeals shall be taken within a reasonable time, as provided by the rules of the Council, by filing with the County Division of Aviation and with the Council a notice of appeal specifying the grounds thereof. The County Division of Aviation shall forthwith transmit to the Council all papers constituting the record upon which the action appealed from was taken.

(C) An appeal shall stay all proceedings in furtherance of the action appealed from unless the Airports Manager of the Aviation Division certifies to the Council after the notice of appeal has been filed that by reason of the facts stated in the certificate a stay would, in his opinion, cause imminent peril to life or property. In such event, proceedings shall not be stayed otherwise than by order of the Council on notice to the County Division of Aviation and on due cause shown.

(D) The Council shall fix a reasonable time for the hearing of the appeal, giving public notice and due notice to the parties in interest, and decide the same within a reasonable time. Upon the hearing any party may appear in person or by agent or by attorney.

(E) The Council may, in conformity with the provisions of this chapter, reverse or affirm, wholly or partly, or modify the order, requirement, decision, or determination appealed from and may make such order, requirement, decision, or determination as may seem proper.

(F) The concurring vote of a majority of the members of the Council shall be sufficient to reverse, affirm, or modify any order, requirement, decision, or determination of the County Division of Aviation, or to decide in favor of the applicant on any matter upon which it is required to pass under this chapter, or to effect any variation in this chapter.

('63 Code, § 10-1.10) (Ord. 2660, passed 6-19-56; Am. Ord. 587-C.S., passed 2-21-95)

Each violation of this chapter, or of any regulation, order, or ruling promulgated or made pursuant to this chapter, shall constitute a misdemeanor.

('63 Code, § 10-1.11) (Ord. 2660, passed 6-19-56)

Where this chapter imposes a greater or more stringent restriction upon the use of land than is imposed or required by any other law or regulation, the provisions of this chapter shall govern.

('63 Code, § 10-1.12) (Ord. 2660, passed 6-19-56)