Glenn County Municipal Code § 15.55.080 Conflicting Regulations

The purpose of this chapter is to promote and protect. This chapter is adopted pursuant to Section 7 of Article XI of the California Constitution and supplemental authority contained in state statutes. The purpose of this chapter is to promote and protect the public health, safety, and general welfare by providing a definite plan of development standards to guide, control and regulate growth in areas subject to flooding and to minimize public and private losses due to flood conditions in specific areas by provisions designed to:

1. Protect human life and health;

2. Minimize expenditures of public money for costly flood control projects;

3. Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;

4. Minimize prolonged business interruptions;

5. Minimize damage to public facilities and utilities such as water and gas mains; electric, telephone and sewer lines; and streets and bridges located in areas of special flood hazard;

6. Help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to minimize future blighted areas caused by flood damage;

7. Provide for notice to potential buyers that property is in an area of special flood hazard; and

8. Provide that those who occupy or use areas of special flood hazard assume responsibility for their actions (Ord. 1183 § 2, 2006)

1. Flood hazard areas exist in Glenn County and are characterized by periodic inundation which may result in loss of life and property, create health and safety hazards, disrupt commerce and governmental services, cause extraordinary public expenditures for flood protection and relief, and impair the tax base, all of which adversely affect the public health, safety, and general welfare of persons residing, working or visiting in the county.

2. These flood losses are caused by uses that are inadequately elevated, flood-proofed, or protected from flood damage. The cumulative effect of obstructions in areas of special flood hazards which increase flood heights and velocities also contribute to the flood loss. (Ord. 1183 § 2, 2006)

To accomplish its purposes, this chapter establishes methods and provisions to:

1. Restrict or prohibit uses which are dangerous to health, safety, and property due to water or erosion hazards, or which result in damaging increases in erosion or in flood heights or velocities;

2. Require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction;

3. Control the alteration of natural flood plains, stream channels, and natural protective barriers, which help accommodate or channel flood waters;

4. Control filling, grading, dredging, and other development which may increase flood damage; and

5. Prevent or regulate the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards in other areas. (Ord. 1183 § 2, 2006)

1. The areas of special flood hazard identified by the Federal Insurance Administration (FIA) of the Federal Emergency Management Agency (FEMA) in the Flood Insurance Study for the County of Glenn effective June 5, 1997 (FIS) and accompanying Flood Insurance Rate Maps (FIRMS) and Flood Boundary and Floodway Maps (FBFMS) effective September 3, 1980, and all subsequent amendments and/or revisions, are hereby adopted by reference, declared to be a part of this chapter, and designated as special zone maps pursuant to this section.

2. This FIS and attendant mapping is the minimum area of applicability of this chapter and may be supplemented by studies for other areas which allow implementation of this chapter and which are recommended to the Board of Supervisors by the flood plain administrator. The study, FIRMS, and FBFMs are on file at the planning authority. (Ord. 1211 § 3, 2009; Ord. 1183 § 2, 2006)

This chapter shall apply to all areas of special flood hazards within the jurisdiction of Glenn County. (Ord. 1183 § 2, 2006)

No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the term of this chapter and other applicable regulations. Violation of the requirements (including violations of conditions and safeguards established in connection with conditions) shall constitute a misdemeanor. Nothing herein shall prevent the county from taking such lawful action as is necessary to prevent or remedy any violation. (Ord. 1183 § 2, 2006)

A development permit shall be obtained before any construction or other development begins within any area of special flood hazard established in Section 15.54.040. Application for a development permit shall be made on forms furnished by the flood plain administrator and may include, but not be limited to: plans in duplicate drawn to scale showing the nature, location, dimensions, and elevation of the area in question; existing or proposed structures, fill, storage of materials, drainage facilities; and the location of the foregoing. Specifically, the following information is required:

1. For new structures and substantial improvements, provide detailed site plan with spot elevations of ground adjacent to proposed footprint of structure and all supporting building systems, well, septic system; and

2. Foundation design detail; and

3. Proposed elevation in relation to mean sea level, of the lowest floor (including basement) of all structures; in Zone AO, elevation of highest adjacent grade and proposed elevation of lowest floor of all structures; or proposed elevation in relation to mean sea level to which any nonresidential structure will be floodproofed, if required in Section 15.54.100.C.2; and

4. All appropriate certifications listed in Section 15.54.090.D; and

5. Description of the extent to which any watercourse will be altered or relocated as a result of proposed development. (Ord. 1183 § 2, 2006)

The building official is hereby appointed to administer, implement, and enforce this chapter by granting or denying development permits in accord with its provisions. (Ord. 1183 § 2, 2006)

The duties and responsibilities of the flood plain administrator include, but are not limited to the following:

1. Permit Review. Review all development permits to determine that:

   1. All permit requirements of this chapter have been satisfied;

   2. All other required state and federal permits have been obtained;

   3. The site is reasonably safe from flooding; and

   4. The proposed development does not adversely affect the carrying capacity of areas where base flood elevations have been determined but a floodway has not been designated. For purposes of this ordinance, “adversely affects” means that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will increase the water surface elevation of the base flood more than one foot at any point.

2. Review and Use of Any Other Base Flood Data. When base flood elevation data has not been provided in accordance with Section 15.54.040, the flood plain administrator shall obtain, review, and reasonably utilize any base flood elevation and floodway data available from a federal or state agency, or other source, in order to administer this chapter. Any such information shall be submitted to the Board of Supervisors for adoption.

3. Notification of Other Agencies. If alteration or relocation of a watercourse is proposed:

   1. Notify adjacent communities and the California Department of Water Resources prior to alteration or relocation;

   2. Submit evidence of such notification to the Federal Insurance Administration, Federal Emergency Management Agency;

   3. Assure that the flood-carrying capacity within the altered or relocated portion of the affected watercourse is maintained; and

   4. Base Flood Elevation changes due to physical alterations:

      1. Within 6 months of information becoming available or project completion, whichever comes first, the flood plain administrator shall submit or assure that the applicant submits technical or scientific data to FEMA for a Letter of Map Revision (LOMR).

      2. All LOMR's for flood control projects are approved prior to the issuance of building permits. Building Permits must not be issued based on Conditional Letters of Map Revision (CLOMRs). Approved CLOMRs allow construction of the proposed flood control project and land preparation as specified in the “start of construction” definition.

   • Such submissions are necessary so that upon confirmation of those physical changes affecting flooding conditions, risk premium rates and floodplain management requirements are based on current data.

4. Documentation of Flood Plain Development. Obtain and maintain for public inspection, and make available as needed, the following:

   1. Certification required by Section 15.54.100.C.1 (lowest floor elevations);

   2. Certification required by Section 15.54.100.C.2 (elevation or floodproofing of nonresidential structures);

   3. Certification required by Sections 15.54.100.C.3 (wet floodproofing standard);

5. Certification of elevation required by Section 15.54.120.B (subdivision standards); and

   5. Certification required by Section 15.54.160.A (floodway encroachments).

6. Map Determinations. Make interpretations where needed, as to the exact location of the boundaries of the areas of special flood hazard, for example, where there appears to be a conflict between a mapped boundary and actual field conditions. The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in Section 15.54.160.

7. Remedial Action. Take action to remedy violations of this chapter as specified in Section 15.54.060. (Ord. 1252 § 2, 2014; Ord. 1183 § 2, 2006)

In all areas of special flood hazards the following standards apply:

A. California Building Standards Commission (CBSC) Certified Elevations for two stages of construction for structures developed within a Special Flood Hazard Area (SFHA) requires:

1. Building Under Construction (when the lowest floor is first established and prior to any vertical construction).

2. Finished Construction Elevation Certificate (prior to final approval)

B. Anchoring. 1. All new construction and substantial improvements shall be adequately anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy. 2. All manufactured homes shall meet the anchoring standards of Section 15.54.130. C. Construction materials and methods. All new construction and substantial improvements shall be constructed as follows: 1. With materials and utility equipment resistant to flood damage; 2. Using methods and practices that minimize flood damage; 3. With electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding; and 4. If within zones AH or AO, so that there are adequate drainage paths around structures on slopes to guide flood waters around and away from proposed structures. D. Elevation and floodproofing. 1. All residential construction, new or substantial improvements, shall comply with all applicable provisions of Code of Federal Regulations Title 44, Subchapter B, Subpart A, Section 60.3 and California Residential Code Section R322. 2. The elevation of the lowest floor, including basement, shall be certified by a registered professional engineer or surveyor, and verified by the community building inspector to be properly elevated. Such certification and verification shall be provided to the flood plain administrator at plan check, prior to vertical construction, and at final inspection. 3. Nonresidential construction, new or substantial improvement, shall either be elevated to conform with paragraph C.1 or, together with attendant utility and sanitary facilities: a. Be floodproofed below the elevation recommended under paragraph C.1 so that the structure is watertight with walls substantially impermeable to the passage of water; b. Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and c. Be certified by a registered civil engineer or licensed land surveyor that the standards of this paragraph C.2 are satisfied. Such certification shall be provided to the flood plain administrator. 4. All new construction and substantial improvements with fully enclosed areas below the lowest floor (excluding basements) that are usable solely for parking of vehicles, building access or storage, and which are subject to flooding, shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwater. Designs for meeting this requirement must meet or exceed the following minimum criteria: a. Be certified by a registered professional engineer or licensed land surveyor; or b. Have a minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding. The bottom of all openings shall be no higher than one foot above grade. Openings may be equipped with screens, louvers, valves or other coverings or devices provided that they permit the automatic entry and exit of floodwater. 5. Manufactured homes shall also meet the standards set forth in Section 15.54.130.

6. New and substantially improves residential structures located within AO Zones and requires to have their lowest floor elevated above the highest adjacent grade (HAG) at least as high as the flood depth number specified on the community Flood Insurance Rate Map (FIRM). California Residential Code (CRC) Section 322.2.1(2) also requires lowest floors to be elevated to a height about the highest adjacent grade of not less than the depth number on the FIRM plus 1 foot or not less than 3 feet if the depth number is not specified. The stricter standard shall apply.

7. New and substantially Improved non-residential structures located within AO Zones are required to have their lowest floor elevated or completely floodproofed above the highest adjacent grade. California Building Code (CBC) Section 1612A.2 also requires that buildings and structures located in flood hazard areas to be designed and constructed in accordance with Chapter 5 of ASCE 7 and ASCE 24.

(Ord. 1183 § 2, 2006)

HISTORY

Amended by Ord. 1326 on 3/12/2024 15.54.110 Standards For Utilities

1. All new and replacement water supply and sanitary sewage systems shall be designed to minimize or eliminate:

   1. Infiltration of flood waters into the systems; and

   2. Discharge from the systems into flood waters.

2. On-site waste disposal systems shall be located to avoid impairment to them, or contamination from them during flooding. (Ord. 1183 § 2, 2006)

1. All preliminary subdivision proposals shall identify the flood hazard area and the elevation of the base flood.

2. All subdivision plans will provide the elevation of each proposed structure and pad. If the site is filled above the base flood elevation, the lowest floor and pad elevations shall be certified by a registered civil engineer or surveyor and provided to the flood plain administrator.

3. All subdivision proposals shall be consistent with the need to minimize flood damage.

4. All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage.

5. All subdivisions shall provide adequate drainage to reduce exposure to flood hazards.

6. Subdivisions proposals or other developments within an unnumbered A zone that are greater than 50 lots or 5 acres are required to provide base flood elevation data. (Ord. 1183 § 2, 2006)

HISTORY

Amended by Ord. 1326 on 3/12/2024

1. All manufactured homes that are placed or substantially improved, within Zones Al-30, AH, and AE on the community’s Flood Insurance Rate Map, on sites located:

   1. Outside of a manufactured home park or subdivision;

   2. In a new manufactured home park or subdivision;

   3. In an expansion to an existing manufactured home park or subdivision; or

   4. In an existing manufactured home park or subdivision on a site upon which a manufactured home has incurred “substantial damage” as the result of a flood, shall be elevated on a permanent foundation, such that the lowest floor of the manufactured home is elevated to or above the base flood elevation and be securely fastened to an adequately anchored foundation system to resist flotation, collapse and lateral movement.

2. All manufactured homes to be placed or substantially improved on sites in an existing manufactured home park or subdivision within Zones Al-30, AH, and AE on the Flood Insurance Rate Map that are not subject to the provisions of subsection A, above, will be securely fastened to an adequately anchored foundation system to resist flotation collapse, and lateral movement, and be elevated so that either the:

   1. Lowest floor of the manufactured home is at or above the base flood elevation; or

   2. Manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than 36 inches in height above grade. (Ord. 1183 § 2, 2006)

HISTORY

Amended by Ord. 1326 on 3/12/2024

• 15.54.140 Standards For Recreational Vehicles

Every recreational vehicle placed on sites within Zones Al-30, AH, and AE on the community’s Flood Insurance Rate Map will either:

1. Be on the site for fewer than 180 consecutive days, be fully licensed and ready for highway use, (i.e., is on its wheels or jacking system), be attached to the site only by quick disconnect type utilities and security devices, and have no permanently attached additions; or

2. Meet the permit requirements of Section 15.54.070 of this chapter and the elevation and anchoring requirements for manufactured homes in Section 15.54.130.A. (Ord. 1183 § 2, 2006)

Structures not requiring a permit under Chapter 15.72 and within Zones A, AO, A1-A30, AE, A99 and AH shall be placed and constructed so as to:

1. Not be appreciably damaged by flooding;

2. Offer minimum resistance to flood flows;

3. Resist flotation;

4. Resist hydrostatic forces in accordance with wet floodproofing standards as specified in the Federal Emergency Management Agency’s 1993 Technical Bulletin; and

5. Meet required setback distances. (Ord. 1183 § 2, 2006)

HISTORY

Amended by Ord. 1326 on 3/12/2024

• 15.54.160 Floodway Encroachments

  1. Located within areas of special flood hazard established in Section 15.54.060 are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of flood waters which carry debris, potential projectiles, and erosion potential, the following provisions apply.

  2. Encroachments, including fill, new construction, substantial improvement, and other new development are prohibited unless certification by a registered civil engineer is provided demonstrating that encroachments shall not result in any increase in the base flood elevation during the occurrence of the base flood discharge.

  3. If subsection A is satisfied, all new construction, substantial improvement, and other proposed new development shall comply with all other applicable flood hazard reduction provisions of Sections 15.54.100 through 15.54.140. (Ord. 1183 § 2, 2006)

The Board of Supervisors shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the flood plain administrator in the enforcement or administration of this chapter. (Ord. 1183 § 2, 2006)

1. The variance criteria set forth in this section are based on the general principle of zoning law that variances pertain to a piece of property and are not personal in nature. A variance may be granted for a parcel of property with physical characteristics so unusual that complying with the requirements of this chapter would create an exceptional hardship to the applicant or the surrounding property owners. The characteristics must be unique to the property and not be shared by adjacent parcels. The unique characteristic must pertain to the land itself, not to the structure, its inhabitants, or the property owners.

2. The need to protect the county’s citizens from flooding is so compelling, and the implications of the cost of insuring a structure built below flood level are so serious, that variances from the flood elevation or from other requirements in this chapter are intended to be rare. The long term goal of preventing and reducing flood loss and damage can only be met if variances are strictly limited. Therefore, the variance guidelines provided in this chapter are more detailed and contain multiple provisions that must be met before a variance can be properly granted. The criteria are designed to screen out those situations in which alternatives other than a variance are more appropriate. (Ord. 1183 § 2, 2006)

1. In passing upon requests for variances, the Board of Supervisors shall consider all technical evaluations, all relevant factors, standards specified in other sections of this chapter, and the:

   1. Danger that materials may be swept onto other lands to the injury of others;

   2. Danger of life and property due to flooding or erosion damage;

   3. Susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the existing individual owner and future owners of the property;

   4. Importance of the services provided by the proposed facility to the community;

   5. Necessity to the facility of a waterfront location, where applicable;

   6. Availability of alternative locations for the proposed use which are not subject to flooding or erosion damage;

   7. Compatibility of the proposed use with existing and anticipated development;

   8. Relationship of the proposed use to the comprehensive plan and flood plain management program for that area;

   9. Safety of access to the property in time of flood for ordinary and emergency vehicles;

   10. Expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters expected at the site; and

   11. Costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water system, and streets and bridges.

2. Any applicant to whom a variance is granted shall be given written notice over the signature of the building official that:

   1. The issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage; and

   2. Such construction below the base flood level increases risks to life and property. A copy of the notice shall be recorded by the flood plain administrator in the Office of the Glenn County Recorder in such a manner that it appears in the chain of title of the affected parcel of land.

3. The flood plain administrator will maintain a record of all variance actions, including justification for their issuance, and report such variances issued in its biennial report to the Federal Insurance Administration, Federal Emergency Management Agency. (Ord. 1183 § 2, 2006)

1. Generally, variances may be issued for new construction, substantial improvement, and other proposed new development to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing that the procedures of Sections 15.54.070 through 15.54.150 of this chapter have been fully considered. As the lot size increases beyond one-half acre, the technical justification required for issuing the variance increases.

2. Variances may be issued for the repair or rehabilitation of “historic structures” upon a determination that the proposed repair or rehabilitation will not preclude the structure’s continued designation as an historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure.

3. Variances shall not be issued within any mapped regulatory floodway if any increase in flood levels during the base flood discharge would result.

4. Variances shall only be issued upon a determination that the variance is the “minimum necessary” considering the flood hazard, to afford relief. “Minimum necessary” means to afford relief with a minimum of deviation from the requirements of this chapter. For example, in the case of variances to an elevation requirement, this means the Board of Supervisors need not grant permission for the applicant to build at grade, or even to whatever elevation the applicant proposes, but only to that elevation which the Board of Supervisors believes will both provide relief and preserve the integrity of the local chapter.

5. Variances shall only be issued upon the following grounds:

   1. Showing of good and sufficient cause;

   2. Determination that failure to grant the variance will result in exceptional hardship to the applicant; and

   3. Determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, or extraordinary public expense, create a nuisance, cause fraud or victimization of the public, or conflict with existing local laws or ordinances.

• Circumstances supporting a request for a variance must be exceptional, unusual, and peculiar to the property involved. Mere economic or financial hardship alone is not exceptional. Inconvenience, aesthetic considerations, physical handicaps, personal preferences, or the disapproval of one’s neighbors likewise cannot, as a rule, qualify as an exceptional hardship. All of these problems can be resolved through other means without granting a variance, even if the alternative is more expensive, or requires the property owner to build elsewhere or put the parcel to a different use than originally intended.

6. Variances may be issued for new construction, substantial improvement, and other proposed new development necessary for the conduct of a functionally dependent use provided that the provisions of subsections A through E are satisfied and that the structure or other development is protected by methods that minimize flood damages during the base flood and does not result in additional threats to public safety and does not create a public nuisance.

7. Upon consideration of the factors of Section 15.54.180.A and the purposes of this chapter, the Board of Supervisors may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter. (Ord. 1183 § 2, 2006)

1. This chapter is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, if this chapter and another ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.

2. In the interpretation and application of this chapter all provisions shall be:

   1. Considered as minimum requirements;

   2. Liberally construed in favor of the governing body; and

   3. Deemed neither to limit nor repeal any other powers granted under state statutes.

3. The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur. Flood heights may be increased by man-made or natural causes. This chapter does not imply that land outside the areas of special flood hazards or that uses permitted within such areas will be free from flooding or flood damages. This chapter shall not create liability on

the part Glenn County, any officer or employee thereof, the State of California, or the Federal Insurance Administration, Federal Emergency Management Agency, for any flood damages that result from reliance on this chapter or any administrative decision made under this chapter. (Ord. 1183 § 2, 2006)

If any section, provision, or portion of the Ordinance is deemed unconstitutional or invalid by a court, the remainder of the Ordinance shall be effective.

SECTION 6: Severability. If any section, subsection, sentence, clause or phrase of this Ordinance is held by court of competent jurisdiction to be invalid, such decision shall not affect the remaining portions of this Ordinance. The Board of Supervisors hereby declares that it would have adopted this Ordinance and each section, sentence, clause, or phrase thereof irrespective of the fact that one or more sections, subsections, sentences, clauses, or phrases be declared invalid.

SECTION 7: Conflict . All ordinances or parts of an ordinance or resolutions or parts of a resolution in conflict herewith are hereby repealed to the extent of such conflict and no further.

SECTION 8: Effective. This ordinance shall take effect thirty (30) days after the date of its adoption and before the expiration of fifteen (15) days from the date of passage thereof shall be published at least once in a newspaper of general circulation, in the County of Glenn, State of California, together with the names of the members of the Board of Supervisors voting for and against the same.

Pursuant to the authority conferred by the Government Code of the state of California, and in conformance with the standards of the Federal Aviation Administration, this chapter is adopted for the purpose of promoting and safeguarding the health, safety and general welfare of the inhabitants of the county by preventing the creation, establishment or maintenance of airport hazards, thereby protecting the lives and property of the users of the Glenn County airports (Willows and Orland) and of the occupants of the land in the vicinity of the airports, and preventing the destruction and impaired use of the airports and the public investment therein. The AVH zone is a zone which may be combined with any other zone in this title. (Ord. 1183 § 2, 2006)

The creation and establishment of an airport hazard is a public nuisance and an injury to the areas served by the airports. It is necessary, in the interest of the public health and safety and the general welfare, that the creation or establishment of airport hazards be prevented. To the maximum extent legally possible, prevention of such hazards should be accomplished by the exercise of the police power without compensation. It is further declared that both the prevention of airport hazards and the elimination, removal, alteration, mitigation or marking and lighting of existing airport hazards are public purposes for which the county raises and expends public funds and acquires lands, interests in lands, or easements over lands. (Ord. 1183 § 2, 2006)

In order to carry out the purposes of this chapter, all land within the boundaries of an airport and other lands in the vicinity of the airport are divided into runway approach zones, transitional zones, horizontal zones and conical zones. The zones underlie the approach, transitional, horizontal, and conical surfaces defined in FAR 77.25, boundaries of which are shown on the airport zoning maps. The approach airport zoning maps shall be kept on file in the office of the county clerk, and such zoning maps along with all amendments thereto are made a part of this chapter. Amendments to such maps shall be entered on the official zoning maps which shall be maintained current at all times. (Ord. 1183 § 2, 2006)

1. Willows Airport. Except as otherwise provided in this chapter, no structure or tree shall be erected, altered, maintained or allowed to grow in any zone created by this chapter to a height in excess of the applicable height limit established herein for each such zone. For purposes of determining these heights, the U.S. Coast and Geodetic (based) Survey has established the official elevation reference of the Willows Airport to be one hundred thirty-eight feet and all height limits shall be based on that elevation as follows:

   1. Horizontal zone, one hundred fifty feet;

   2. Conical zone, one hundred fifty feet at the inner perimeter increasing uniformly at a slope of 20:1 (one foot vertically for each twenty feet horizontally) to the outer perimeter;

   3. Approach Zones. For runways 16-34 and 13-31 as designated on the Willows Airport Zoning Map, the height shall not exceed that permitted by an approach slope of 34:1 and 20:1 respectively and in no event shall the height exceed one hundred fifty feet;

   4. Transition Zones. The height of objects shall not be such as to penetrate a transitional surface commencing at the side of the primary surface and sloping upward and outward at a slope of 7:1 (one foot vertically for each seven feet horizontally) and extending to a height of two hundred fifty feet above the airport elevation. The same restriction shall apply beginning at the sides of, and at the same elevation as, the approach surface and extending to where the slope intersects the conical surface.

2. Orland Airport. Except as otherwise provided in this chapter, no structure or tree shall be erected, altered, maintained or allowed to grow to a height in excess of the applicable height limits established as shown on the Orland Airport zoning map, For purposes of determining these heights, the U.S. Coast and Geodetic (based) Survey has established the official elevation reference of the Orland Airport to be two hundred ten feet, and all height limits shall be based on that elevation. (Ord. 1183 § 2, 2006)

Notwithstanding any other provisions of this chapter, no use may be made of land (or water) within any zone and height limitations established by this chapter which will:

1. Create electrical interference with navigational signals or radio communications between the airport and aircraft;

2. Make it difficult for pilots to distinguish between airport lights and other lights;

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

4. Impair visibility of the airport; or

5. Otherwise in any way create a hazard or endanger the landing, takeoff, or maneuvering of aircraft using or intending to use the airport.

6. The use restrictions imposed by subsection A of this section shall not be applied so as to prevent any present or future agricultural use or practice so long as the agricultural use or practice does not cause a permanent penetration of the height limitations set forth in Section 15.55.040. (Ord. 1183 § 2, 2006)

1. The regulations prescribed in this chapter shall not be construed to require the removal, lowering or otherwise changing or altering of any structure or tree not conforming to the regulations as of the effective date of the ordinance codified in this chapter nor otherwise interfere with the continuation of a nonconforming use. Nothing contained in this chapter 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.

2. Notwithstanding the foregoing ban on retroactivity, the owner of any existing nonconforming structure or tree is required to permit the installation, operation and maintenance thereon of such markers, markings or lights as shall be deemed necessary by the airport manager to indicate to pilots of aircraft in the vicinity of the airport the presence of such hazards. Such markers and lights shall be installed, operated, and maintained at the expense of the county. (Ord. 1183 § 2, 2006)

Any person desiring to erect any structure or increase the height of any structure or permit the growth of any tree or otherwise use the property in a manner contrary to the regulations adopted under this chapter may apply to the planning authority for a variance application. Such variances shall be allowed where a literal application or enforcement of the regulations would result in practical difficulty or unnecessary hardship and the relief 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. No variance shall be granted for a use or activity which is not authorized by the county zoning regulations which applies to the property. Any variance may be allowed subject to reasonable conditions that the planning commission may deem necessary to effectuate the purposes of this chapter. In granting any variance under this chapter, the planning commission may, if it deems such action advisable to effectuate the purposes of this chapter and reasonable in the circumstances, so condition such variance as to require the owner of the structure or tree in question to permit the county, at the owner’s 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. (Ord. 1183 § 2, 2006)

Where there exists a conflict between any of the regulations or limitations prescribed in this chapter and any other regulations applicable to the same area, whether the conflict is with respect to the height of structures or trees, the use of land, or any other matter, the more stringent limitation or requirement shall govern and prevail. (Ord. 1183 § 2, 2006)

Division 15-4 Development Standards Division 15-4 Part 1 Performance Standards Division 15-4 Part 2 Public Improvement Standards Division 15-4 Part 3 Building Standards

Division 15-4 Part 1 Performance Standards

15.56 Performance Standards

15.57 Landscaping Standards

15.58 Right To Farm

15.59 Minimum Residential Construction Standards 15.60 Density Bonus

15.61 Off-Street Parking And Loading Facilities 15.62 Sign Standards

15.56 Performance Standards

15.56.010 Purpose 15.56.020 Compliance Procedures 15.56.030 Exceptions 15.56.040 Air Quality 15.56.050 Electromagnetic Interference 15.56.060 Erosion Control 15.56.070 Fire And Explosion Hazards 15.56.080 Glare And Heat 15.56.090 Liquid, Solid And Hazardous Wastes 15.56.100 Noise 15.56.110 Open And Outdoor Storage, Sales And Display 15.56.120 Radioactivity 15.56.130 Vibrations 15.56.140 Commercial Coach 15.56.150 Restrooms

15.56.160 Storage Of Accumulation Vehicles