Lake County Zoning Code § 39.9 Permits

• (a) Future uses: Except as specifically provided in Subsections 1, 2, and 3 hereunder, no material change shall be made in the use of land, no structure shall be erected or otherwise established, and no tree shall be planted in any zone hereby created unless a permit therefore shall have been applied for and granted. Each application for a permit 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 tree would conform to the regulations herein prescribed. If such

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determination is in the affirmative, the permit shall be granted. No permit for a use inconsistent with the provisions of this Article shall be granted unless a variance has been approved in accordance with Section 39.9(c).

1. In the area lying within the limits of the horizontal zone and conical zone, no permit shall be required for any tree or structure less than seventy-five feet of vertical height above the ground, except when, because of terrain, land contour, or topographic features, such tree or structure would extend above the height limits prescribed for such zones.

2. In areas lying within the limits of the approach zones, but at a horizontal distance of not less than four thousand two hundred (4,200) feet from each end of the runway, no permit shall be required for any tree or structure less than seventy-five feet of vertical height above the ground, except when such tree or structure would extend above the height limit prescribed for such approach zones.

3. In the areas lying within the limits of the transition zones beyond the perimeter of the horizontal zone, no permit shall be required for any tree or structure less than seventy-five feet of vertical height above the ground, except when such tree or structure, because of terrain, land contour, or topographic features, would extend above the height limit prescribed for such transition zones.

Nothing contained in any of the foregoing exceptions shall be construed as permitting or intending to permit any construction, or alteration of any structure, or growth of any tree in excess of any of the height limits established by this Article except as set forth in Section 39.6(e).

• (b) Existing uses: No permit shall be granted that would allow the establishment or creation of an obstruction or permit a non-conforming use, structure, or tree to become a greater hazard to air navigation than it was on the effective date of this Article or any amendments thereto or than it is when the application for a permit is made. Except as indicated, all applications for such a permit shall be granted.

• (c) Variances: Any person desiring to erect or increase the height of any structure, or permit the growth of any tree, or use property, not in accordance with the regulations prescribed in this Article, may apply to the Zoning Administrator for a variance permit from such regulations. The application for variance shall be accompanied by a notice of intent and determination from the Federal Aviation Administration (in accordance with Title 14, Code of Federal Regulations, page 77) as to the effect of the proposal on the operation of air navigation facilities and the safe, efficient use of navigable airspace. Such variances shall be allowed where it is duly found that a literal application or enforcement of the regulations will result in unnecessary hardship and relief granted, will not be contrary to the public interest, will not create a hazard to air navigation, will do substantial justice, and will be in accordance with the spirit of this Article. Additionally, no application for variance to the requirements of this Article may be considered by the Zoning Administrator unless a copy of the application has been furnished to

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the Airport Manager for advice as to the aeronautical effects of the variance. If the Airport Manager does not respond to the application within 15 days after receipt, the Zoning Administrator may act on his own to grant or deny said application.

• (d) Obstruction marking and lighting: Any permit or variance granted may, if such action is deemed advisable to effectuate the purpose of this Article and be reasonable in the circumstances, be so conditioned as to require the owner of the structure or tree in question to install, operate, and maintain, at the owner’s expense, such markings and lights as may be necessary. If deemed proper by the Zoning Administrator, this condition may be modified to require the owner to permit the County, at its own expense, to install, operate, and maintain the necessary markings and lights.

• 39.10 Enforcement : The Planning Director of Lake County is hereby designated the Administrator, charged with the duty of administering and enforcing the regulations herein described.

  • (a) The duties of the Planning Director shall include that of reviewing all applications for building permits within the approach, horizontal, conical and transition zones of all airports in the County of Lake.

• 39.11 Conflicting regulations: In the event of conflict between this Article and any 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 County of Lake or by some other public agency, the more stringent limitations or requirements shall govern and prevail.

• 39.12 Notice of aircraft overflights : Where a building designed for residential occupancy is to be located on property within this district, prior to issuance of a zoning clearance, the owner(s) of the property shall be required to sign a statement of acknowledgement of the following statement on a form approved by the Planning Department: “This property is in the area subject to overflights by aircraft using a county airport, and as a result, residents may experience inconvenience, annoyance or discomfort arising from the noise of such operations. State law (Public Utilities Code Section 21670 et. seq.) establishes the importance of public use airports and protection of the public interest of the people of the State of California. Residents of property near a public use airport should therefore be prepared to accept such inconvenience, annoyance or discomfort from normal aircraft operations. Any subsequent deed conveying parcels or lots shall contain a statement in substantially this form.” (Ord. No. 2172, 08/12/1993)

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