Chapter 18.134 — AIRPORT APPROACHES—ADIN AIRPORT

Note: Prior ordinance history: Ord. 400.

Pursuant to the authority conferred by Article XI, Section 11 , of the California Constitution, the board of supervisors deem it necessary to create an "airport approaches zoning ordinance" for the purpose of promoting the health, safety and general welfare of the inhabitants of the county, by preventing the creation or establishment of airport hazards, thereby protecting the lives and property of the users of the Adin Airport and of the occupants of the land in its vicinity and preventing destruction and impairment of the utility of the airport and the public investment therein. (Ord. 467 § 47, 1984)

This chapter shall be known and may be cited as the "Adin Airport zoning ordinance of the county of Lassen."

(Ord. 467 § 47, 1984)

As used in this chapter, unless the context otherwise requires:

"Airport" means the Adin Airport.

"Airport hazard" means any structure or tree or use of land which obstructs the airspace required for the flight of aircraft in landing or taking off at the airport or is otherwise hazardous to such landing or taking off of aircraft.

"Nonconforming use" means any structure, tree, or use of land which does not conform to a regulation prescribed in this chapter or an amendment thereto, as of the effective date of such regulations.

"Person" means any individual, firm, copartnership, corporation, company, association, joint stock association, city, county or district and includes any trustee, receiver, or assignee.

"Structure" means any object constructed or installed by man, including, but not limited to buildings, towers, smokestacks and overhead lines.

"Landing area" means the area of the airport used for the landing, takeoff or taxiing of aircraft.

"Tree" means any object of natural growth.

"City or county" means any city, county or city and county.

"Planning commission" means the county planning commission of the county. (Ord. 467 § 47, 1984)

• (a) In order to carry out the purposes of this chapter, all of the land within the boundaries of the Adin Airport and other land in the vicinity of the airport is divided into horizontal zones, conical zones, transition zones and runway approach zones, boundaries of which are shown on the Adin Airport zoning map.

• (b) The Adin Airport zoning map is approved as the official map for such zoning purposes and shall be on file in the office of the planning department and that the same is made a part of this chapter, subject to amendments thereof made pursuant to law from time to time. Such amendments shall be entered on the official map and the same shall be maintained up-to-date at all times.

• (Ord. 467 § 47, 1984)

• (a) In order to carry out the purposes of this chapter, the boundaries of the zones provided for in Section 18.134.040 shall be as set forth in the Adin Airport zoning map, a copy of which shall be on file in the office of the county planning department. The map shall be available for examination at all times that the office is open for business.

• (b) Except as otherwise provided in this chapter, no structure shall be erected, altered or maintained, in any airport approach zone, transition zone, horizontal zone or conical zone to a height in excess of the height limit established in this section for each zone. For purposes of determining these height limits as specified in this section, the U.S. Coast and Geodetic Survey has established the official elevation reference to be four thousand two hundred twenty eight feet and all height limits will begin at said elevation. For purposes of this regulation, the following height limits are established for each of the zones in question:

  • (1) Horizontal zone, one hundred fifty feet;

• (2) Conical zone, one hundred fifty feet at the inner perimeter and increasing in height at the ratio of twenty to one to the outer perimeter;

• (3) Runway approach zone, nine and twenty-seven as designated on the Adin Airport shall not exceed a height greater than permitted by a twenty to one glideslope and in no event to exceed one hundred fifty feet;

• (4) Transition zone; the height to be determined within the boundaries of the transition zone by reference to Adin Airport zoning map at a ratio of seven to one commencing at the boundary of the landing area;

(5) For additional runways.

(Ord. 467 § 47, 1984)

No use may be made of land within any airport approach zone, horizontal zone, conical zone or airport transition zone, in such a manner as to create electrical interference with radio communication between the airport and aircraft making it difficult for pilots to distinguish between airport lights and other lights, resulting in glare in the eyes of the pilots using the airport, impairing visibility in the vicinity of the airport, or otherwise endangering the landing, takeoff or maneuvering of aircraft.

(Ord. 467 § 47, 1984)

The regulations prescribed in Sections 18.134.050 and 18.134.060 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 the effective date of the ordinance codified in this chapter, or otherwise interfere with the continuance of any nonconforming use. Nothing contained in this chapter shall require any change in the construction, alteration of which was begun prior to the effective date of the ordinance codified in this chapter, and is diligently prosecuted and completed within a reasonable time thereof. (Ord. 467 § 47, 1984)

The county planning director is designated the administrator charged with the duty of administering and enforcing the regulations described in this chapter. The planning commission shall review and decide upon all applications for permits and variances under Sections 18.134.090 and 18.134.100 . (Ord. 467 § 47, 1984)

Before any nonconforming structure or tree is replaced, substantially altered or repaired, rebuilt, allowed to grow higher, or replanted, a permit must be secured from the planning commission. No permit shall be granted that would allow the establishment or creation of an airport hazard or permit a nonconforming structure or tree or nonconforming use to be made or become higher or become a greater hazard to air navigation than it was on the effective date of the ordinance codified in this chapter, or than it is when the application for a permit is made. Except as provided in this chapter, all applications for permits shall be granted. No such permit shall be required to make maintenance repairs to or to replace parts of existing structures which do not enlarge or increase the height of the existing structure.

(Ord. 467 § 47, 1984)

Any person desiring to erect any structure, or increase the height of any structure, or permit the growth of any tree, or otherwise use his property in violation of airport zoning regulations adopted under this chapter, may apply to the planning commission for a variance from the zoning regulation in question. 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 granted 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; provided, that any variance may be allowed subject to any reasonable conditions that the planning commission deems necessary to effectuate the purpose of this chapter.

(Ord. 467 § 47, 1984)

In the event any person should erect, construct, move, alter or attempt to erect, construct, move or alter any structure or allow any tree to exceed a height, in violation of the provisions of this chapter, the same is declared a public nuisance, and it shall be the duty of the district attorney of the county of Lassen to bring and prosecute an action in any court of competent jurisdiction to enjoin such person from continuing such erection, construction, moving, alteration or growth that is being or has been accomplished, the district attorney shall bring and prosecute an action to enjoin such person from maintaining same.

(Ord. 467 § 47, 1984)

Any person violating any provisions of this chapter shall be guilty of a misdemeanor, and upon conviction thereof shall be punishable of a fine of not more than five hundred dollars or by imprisonment for a term not exceeding six months, or by both such fine and imprisonment. Such person shall be deemed guilty of a separate offense for each and every day during any portion of which any violation of this chapter is committed, continued or permitted, by such person and shall be punishable as provided in this section.

(Ord. 467 § 47, 1984)