Chapter 3 — AIRPORT APPROACH ZONE BUILDING HEIGHT REGULATIONS

Sections:

• § 333-1. Purpose. § 333-2. Scope. § 333-3. Definitions.

• § 333-4. Height Limits.

• § 333-5. Use Restrictions.

• § 333-6. Nonconforming Uses.

• § 333-7. Administration.

• § 333-8. Variances.

• § 333-9. Permits.

• § 333-10. Hazard Marking and Lighting.

• § 333-11. Appeals.

• § 333-12. Conflicting Regulation. § 333-13. Penalty.

333-1. Purpose.

This chapter is adopted pursuant to the authority conferred by Article 6.5 of Chapter 2, Part 1, Division 1, Title 5 of the Government Code of the State of California, otherwise known as the “Airport Approaches Zoning Law,” for the purpose of promoting the public health, safety and general welfare of the inhabitants of the County. (Repealed and reenacted by Ord. 2644, § 2 (Att. 1), 6/23/2020)

333-2. Scope.

This chapter regulates and restricts the height of structures and objects of natural growth, and otherwise regulates the use of property in the vicinity of airports, by airport protected airspace and establishing the boundaries thereof; providing for changes in the restrictions and boundaries of such zones; defining certain terms as used herein; providing for enforcement; and imposing penalties. (Repealed and reenacted by Ord. 2644, § 2 (Att. 1), 6/23/2020)

The Humboldt County Code is current through Ordinance 2784, passed March 10, 2026.

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333-3. Definitions.

As used in this chapter, unless the context otherwise requires, the following words and terms shall have the meaning ascribed to them:

• (a) Airport. “Airport” means any publicly owned or administered airport.

(b) Airport Hazard. “Airport hazard” means any structure or tree or use of land which obstructs the airspace for the flight of aircraft in landing or taking off from any airport or is otherwise hazardous to such landing or taking off of aircraft.

(c) Airport Protected Airspace. “Airport protected airspace” means the airspace surfaces defined by Part 77, Safe, Efficient Use and Preservation of the Navigable Airspace of Subpart C of Subchapter E of Chapter I of Title 14 of the Code of Federal Regulations (14 C.F.R. Section 77.13 et seq.).

(d) Nonconforming Use. “Nonconforming use” means any structure, tree or use of land which does not conform to a regulation prescribed in this chapter or any amendment thereto as of the effective date of such regulations.

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

• (f) Tree. “Tree” means any object of natural growth. (Repealed and reenacted by Ord. 2644, § 2 (Att. 1), 6/23/2020)

333-4. Height Limits.

Except as otherwise provided in this chapter, no structure shall be erected or altered, or tree maintained in any airport protected airspace as defined in this chapter. (Repealed and reenacted by Ord. 2644, § 2 (Att. 1), 6/23/2020)

333-5. Use Restrictions.

Notwithstanding any other provisions of this chapter, no use may be made of land within any airport protected airspace 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 flyers using the airport, impair visibility in the vicinity of the airport or otherwise endanger the landing, taking off or maneuvering of aircraft. (Repealed and reenacted by Ord. 2644, § 2 (Att. 1), 6/23/2020)

333-6. Nonconforming Uses.

The regulations prescribed in Section 333-5 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 August 29, 1955, or otherwise

The Humboldt County Code is current through Ordinance 2784, passed March 10, 2026.

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interfere with the continuance of any nonconforming use. (Repealed and reenacted by Ord. 2644, § 2 (Att. 1), 6/23/ 2020)

333-7. Administration.

The Department of Aviation is hereby designated the administrative agency charged with the duty of administering and enforcing the regulations prescribed by this chapter. The duties of said Department of Aviation shall include that of hearing and deciding all permits, except variances. The Department of Aviation shall not have or exercise any of the powers or duties herein retained by the Board of Supervisors. The Department of Aviation shall prepare and make available maps to the public showing the approximate elevation of all property affected by this chapter in order to aid property owners in complying with this chapter. Copies of the maps shall also be available in the Planning and Building Department for public use. (Repealed and reenacted by Ord. 2644, § 2 (Att. 1), 6/23/2020)

333-8. Variances.

(a) Any person desiring to erect any structure or increase the height of any structure, or permit the growth of any tree, or use their property not in accordance with the regulations prescribed in this chapter, may apply to the Department of Aviation for a variance therefrom. The variance may be granted by the Board of Supervisors following receipt of a report of the findings made by the Department of Aviation. 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 would do substantial justice and would be in accordance with the spirit of this chapter; provided, however, that any variance may be subject to such reasonable conditions and restrictions as the Board of Supervisors may deem necessary.

(b) When portions of a structure or a tree penetrate the airport protected airspace, and the Federal Aviation Administration has determined that such penetration is not a hazard to flight, a variance may be administratively approved by the Director of the Department of Aviation. (Repealed and reenacted by Ord. 2644, § 2 (Att. 1), 6/23/ 2020)

333-9. Permits.

Before any nonconforming structure may be replaced, substantially altered or rebuilt within any airport protected airspace, a permit must be secured authorizing such replacement or change. Such permit shall be granted except where the granting thereof would allow 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 case 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, that an application for a permit is filed with the Department of Aviation

The Humboldt County Code is current through Ordinance 2784, passed March 10, 2026.

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within twenty-four (24) hours after such Department is first opened subsequent to the emergency. (Repealed and reenacted by Ord. 2644, § 2 (Att. 1), 6/23/2020)

333-10. Hazard Marking and Lighting.

Any permit or variance granted under this chapter may, if such action is deemed advisable to effectuate the purposes of this chapter and is reasonable in the circumstances, 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 any airport hazard. The provisions of this section shall apply only to any new nonconforming structure or tree, and to any nonconforming structure or tree that is replaced, altered or rebuilt in such a way as to create a greater hazard than existed before said replacement, alteration or rebuilding commenced. (Repealed and reenacted by Ord. 2644, § 2 (Att. 1), 6/23/2020)

333-11. Appeals.

(a) Any person aggrieved or affected by any decision of the Department of Aviation made in the administration of this chapter, if the opinion that a decision of said Department of Aviation is an improper application of this chapter, must appeal to the Board of Supervisors prior to introducing any litigation forming the subject matter of the heretofore mentioned grievance.

(b) All appeals taken under this section must be taken within a reasonable time, as provided by the rules of the Board of Supervisors, by filing with the Department of Aviation and with the Board of Supervisors a notice of appeal specifying the grounds thereof. The Department of Aviation shall forthwith transmit to the Board of Supervisors all the papers constituting the record upon which the action appealed from was taken.

this section must be taken within a reasonable time, as provided by the rules of the Board of Supervisors, by filing with the Department of Aviation and with the Board of Supervisors a notice of appeal specifying the grounds thereof. The Department of Aviation shall forthwith transmit to the Board of Supervisors all the 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 Director of the Department of Aviation certifies to the Board of Supervisors, after the notice of appeal has been filed, that by reason of the facts stated in the certificate a stay would, in their opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed otherwise than by order of the Board of Supervisors on notice to the Department of Aviation and on due cause shown.

(d) The Board of Supervisors shall fix a reasonable time for the hearing of the appeal, give 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 Board of Supervisors 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 meet or proper.

(f) The concurring vote of a majority of the members of the Board of Supervisors shall be sufficient to reverse, affirm or modify any order, requirement, decision or determination of the Department of Aviation, or to decide in

The Humboldt County Code is current through Ordinance 2784, passed March 10, 2026.

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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. (Repealed and reenacted by Ord. 2644, § 2 (Att. 1), 6/23/2020)

333-12. Conflicting Regulation.

Where this chapter imposes a greater or more stringent restriction upon the use of land than is imposed or required by any other, the provisions of this chapter shall govern. (Repealed and reenacted by Ord. 2644, § 2 (Att. 1), 6/23/2020)

333-13. Penalty.

(a) Each violation of this chapter or any regulation, order or ruling promulgated or made hereunder shall constitute a misdemeanor.

(b) Any violation of this chapter shall be, and the same hereby is declared to be, unlawful and a public nuisance and be subject to injunction, abatement, or any other administrative, civil, or criminal remedy available to the County as provided by all applicable provisions of law, including those set forth in Chapters 1 and 2 of Division 5 of Title III. (Repealed and reenacted by Ord. 2644, § 2 (Att. 1), 6/23/2020)

CHAPTER 4

BUILDING MORATORIA DUE TO INADEQUATE SEWAGE TREATMENT FACILITIES

[Repealed]

Sections:

• § 334-1. [Repealed by Ord. 1573, § 1, 1/4/1983] § 334-2. [Repealed by Ord. 1326, § 1, 4/24/1979] § 334-3. [Repealed by Ord. 1326, § 1, 4/24/1979] § 334-4. [Repealed by Ord. 1275, § 1, 9/12/1978]

The Humboldt County Code is current through Ordinance 2784, passed March 10, 2026.

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334-1. Repealed by Ord. 1573, § 1, 1/4/1983.

334-2. Repealed by Ord. 1326, § 1, 4/24/1979.

334-3. Repealed by Ord. 1326, § 1, 4/24/1979.

334-4. Repealed by Ord. 1275, § 1, 9/12/1978.