Gustine Municipal Code Ch. 3 Airport Zoning

Footnotes:

--- (1) ---

State Law reference— Airport Approaches Zoning Law, Government Code § 50485 et seq.

It is necessary to create an airport zoning chapter, in conformity with the Airport Approaches Zoning Law (Government Code § 50485 et seq.), for the purpose of conserving and promoting the public health, safety, and general welfare by preventing destruction or impairment of the utility of the airfield and the public investment therein.

(Code 1966, § 9-3.01)

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

Airport means any area of land or water designed and set aside for the landing and taking off of aircraft and utilized or to be utilized in the interest of the public for such purposes.

State Law reference— Similar provisions, Government Code § 50485.1.

Flight hazard means any structure or natural growth or use of land which obstructs or restricts the air space required for the safe flight of aircraft in landing, takeoff, or maneuvering at or in the vicinity of the airport.

Landing area means that part of the airport that is used or intended to be used for the landing and takeoff of aircraft.

Nonconforming use means any structure, natural growth, or use of land which does not conform to the regulations prescribed in this chapter, or any amendment thereto, as of the effective date of the ordinance from which this chapter is derived.

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

(Code 1966, § 9-3.02)

To carry out the purposes of this chapter, all of the lands surrounding airports are hereby divided into height-limiting zones, the boundaries of which and the height applicable thereto are shown on the official maps on file in the office of the city clerk. Such maps are hereby made a part of this chapter by reference, subject to amendments thereof as may be necessary. Such amendments shall be entered on the official maps and kept up-to-date at all times.

(Code 1966, § 9-3.03)

Except as otherwise provided in this chapter, no structure or natural growth shall be erected, altered, allowed to grow, or maintained in the height-limiting zones to a height in excess of the height specified therefor or established for such zone as shown on the official map of the airport.

(Code 1966, § 9-3.04)

Notwithstanding any other provisions of this chapter, no use may be made of land within any airport approach zone 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 other lights; result in glare in the eyes of the flyers using the airport; impair visibility in the vicinity of the airport; or otherwise endanger the landing, takeoff, or maneuvering of aircraft.

(Code 1966, § 9-3.05)

The regulations prescribed in sections 4-3-4 and 4-3-5 shall not be construed to require the removal, lowering, or other change or alteration of any structure or natural growth not conforming to the regulations on March 20, 1968, or otherwise interfere with the continuance of any 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 has begun prior to March 20, 1968, and is diligently prosecuted and completed within two years thereafter.

(Code 1966, § 9-3.06)

State Law reference— Nonconformities, Government Code §§ 50485.8, 50485.10.

Any person desiring to erect any structure, or increase the height of any structure, or permit natural growth, or use his property not in accordance with the regulations prescribed in this chapter may apply to the planning commission for a variance therefrom. Such variance may 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 provisions of this chapter.

(Code 1966, § 9-3.07)

State Law reference— Variances, Government Code § 50485.10.

(a) Future uses. No material change shall be made in the use of land, and no structure or natural growth shall be erected, altered, planted, or otherwise established in any of the height-limiting zones unless a permit therefor shall have been applied for and granted. Each such application 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 natural growth would conform to the regulations prescribed. If such determination is in the affirmative, the permit applied for shall be granted.

(b) Existing uses. Before any existing use, structure, or natural growth may be replaced, substantially altered, or repaired, rebuilt, allowed to grow higher, or replanted within any of the specified height-limiting zones, a permit shall be secured authorizing such replacement, change, or repair. No such permit shall be granted that would allow the establishment or creation of a flight hazard, or permit a nonconforming use, or natural growth to be made or become higher, or become a greater hazard to air navigation than it was on March 20, 1968, or than it was when the application for a permit for replacement, change, or repair of the existing use, structure, or natural growth shall be granted.

(Code 1966, § 9-3.08)

Any permit or variance granted pursuant to the provisions of sections 4-3-7 and 4-3-8, if such action is considered advisable to effectuate the purposes of this chapter and reasonable in the circumstances, may be so conditioned as to require the owner of the structure or natural growth in question to permit the airport facility, at its own expense, to install, operate, and maintain thereon such markers and lights as may be necessary to indicate to aircraft pilots the presence of a flight hazard.

(Code 1966, § 9-3.09)

Whenever the public necessity, convenience, general welfare, or good practice justify such action, the planning commission, upon its own motion, may, or upon the verified application of any interested person or group, shall, initiate proceedings to change the regulations established by this chapter.

(Code 1966, § 9-3.10)

State Law reference— Similar provisions, Government Code § 50485.10.

(a) Applications for variances or changes thereto shall be made in writing to the planning commission and in such form as is approved by the planning commission. The planning commission may provide forms for such purposes and may prescribe the type of information to be provided therein. No application shall be received unless it complies with such requirements.

(b) Applications filed pursuant to the provisions of this chapter shall be numbered consecutively in the order of their filing and shall become a part of the permanent official records of the planning commission, and there shall be attached thereto copies of all notices and actions pertaining thereto.

(Code 1966, § 9-3.11)

(a) Fees. All federal, county, and city governments and their agencies shall be exempt from the payment of any and all filing fees. Before accepting any application for filing, the city shall charge and collect from any nonpublic agency, group, or individual the following fees for the purpose of defraying the expenditures incidental to the proceedings prescribed in this chapter: For each application for a variance, a fee as established by resolution shall accompany the application.

(b) Investigations. The planning commission shall cause to be made by its own members such investigations of facts bearing upon such application as will serve to provide all necessary information to ensure that the action to each such application is consistent with the intent and purposes of the provisions of this chapter.

(Code 1966, § 9-3.12)

The planning commission at its next regular meeting following the receipt in proper form of any application for a variance shall fix a time and place of public hearing thereon to be held not less than 12 days nor more than 45 days thereafter. Not less than ten days before the date of such public hearings, public notices shall be given of such hearings in the following manner:

(1) By one publication in a newspaper of general circulation within the city. Such notice shall state the nature of the request, the location of the property involved, and the time and place of the hearing; and

(2) By mailing a notice, postage prepaid, to the owners of the property adjacent to the exterior boundaries of the property involved in the application and to the airport facility, using for this purpose the last known name and address of such owners as shown upon the assessment rolls of the county. Such notice shall state the nature of the request, the location of the property involved, and the time and place of the hearing.

(Code 1966, § 9-3.13)

(a) Public hearings as provided for by the provisions of this chapter shall be held before the planning commission at the time and place for which public notice has been given as required by section 4-3-13. The planning commission may establish its own rules for the conduct of such hearings.

(b) A summary of all pertinent testimony offered at a public hearing, together with the names and addresses of all persons testifying, shall be recorded and made a part of the permanent files of the case. Any such hearing may be continued, provided that prior to the adjournment or recess thereof, the presiding officer at such hearing shall announce the time and place to which such hearing will be continued.

(Code 1966, § 9-3.14)

(a) Within 35 days after the conclusion of a public hearing, the planning commission shall render its decision on the matter so heard. The planning commission shall announce and record its action by formal resolution, and such resolution shall recite the findings of the planning commission upon which it bases its decision.

(b) Within ten days after final action by the planning commission on an application for a variance, its recommendations and report, if any, shall be delivered to the council.

(c) The council, after receipt of the report and recommendation from the planning commission, shall hold a final hearing thereon. The manner for setting the date for such hearing, giving of notice, and conducting such hearing shall be the same as prescribed for hearings by sections 4-3-13 and 4-3-14 by the planning commission. The recommendation of the planning commission shall be approved unless reversed by a majority vote of the council.

(Code 1966, § 9-3.15)

The planning commission is hereby designated the administrative agency charged with the duty of administering and enforcing the regulations prescribed by the provisions of this chapter. The duties of the planning commission shall include that of hearing and deciding on permits pursuant to the provisions of section 4-3-8.

(Code 1966, § 9-3.16)

Each violation of the provisions of this chapter or of any regulation, order, or ruling promulgated by the provisions of this chapter shall be punishable by a fine of not more than $500.00 or imprisonment for not more than 180 days, or both such fine and imprisonment, and each day a violation continues shall be a separate offense.

(Code 1966, § 9-3.17)

State Law reference— Penalty for ordinance violations, Government Code § 36900 et seq.

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

(Code 1966, § 9-3.18)