Chapter 18.136 — AIRPORT APPROACHES—SPALDING TRACT AIRPORT

Note: Prior ordinance history: Ord. 293T.

Pursuant to the authority conferred by Article XI, Section 11 , of the California Constitution, the board of supervisors of the county, deems it necessary to amend this title to include provisions creating an "airport approaches zoning plan" for the purpose of promoting the health, safety and general welfare of the inhabitants of the county of Lassen, by preventing the creation or establishment of airport hazards, thereby protecting the lives and property of the users of the Spalding Tract Airport, and of the occupants of the land in the vicinity thereof and preventing destruction and impairment of the utility of each of the airports and the public investment therein.

(Ord. 467 § 48, 1984)

This amendment shall be known and may be cited as the "airport zoning ordinance of the county of Lassen."

(Ord. 467 § 48, 1984)

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

"Airport" means Spalding Tract 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 an 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 without limitation, buildings, towers, smokestacks and overhead lines.

"Landing area" means the area of an 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 § 48, 1984)

• (a) In order to carry out the purposes of this chapter, all of the land within the boundaries of the airports defined in this chapter and within two miles of the landing area of each of the airports, is divided into horizontal zones, conical zones, transition zones and runway approach zones, boundaries of which are shown on the zoning map number 36, specifying airport approach controls for the Spalding Tract Airport, respectively, which map was approved by the California Aeronautics Board on January 13, 1972.

• (b) The airport approach control zoning map number 36, is approved as the official map for such zoning purposes as to the respective airport to which it refers and shall be on file in the office of the planning department, county of Lassen and 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 maps and the same shall be maintained up to date at all times.

• (Ord. 467 § 48, 1984)

• (a) In order to carry out the purpose of this chapter, the boundaries of those zones provided for in Section 18.136.040 shall be as set forth in the airport approach control zoning map number 36, a copy of which shall be on file in the office of the planning department of the county of Lassen. 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 or conical zone to a height in excess of the height limit established in this chapter for each zone. For the purposes of determining these height limits as specified in this section, the United States Coast and Geodetic Survey has established the official elevation of the Spalding Tract Airport to be five thousand one hundred thirteen feet.

• (c) All height limits referring to each of the airports will begin at each official elevation reference. 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, north and south as designated on the airport approach zoning map number 36 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 airport approach control zoning map number 36 at a ratio of seven to one commencing at the boundary of the landing area.

• (Ord. 467 § 48, 1984)

No use may be made of land within any airport approach zone, airport turning zone (horizontal zone or 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 an airport, or otherwise endangering the landing, takeoff or maneuvering of aircraft.

(Ord. 467 § 48, 1984)

The regulations prescribed in Sections 18.138.050 and 18.138.060 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 herein contained 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 is diligently prosecuted and completed within a reasonable time thereof. (Ord. 467 § 48, 1984)

The county planning commission of the county of Lassen is designated the administrator charged with the duty of administering and enforcing the regulations herein described. The duties of the planning commission shall include that of reviewing and deciding all applications for permits and variances under Sections 18.136.090 and 18.136.100 . (Ord. 467 § 48, 1984)

Before any nonconforming structure or tree may be 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 repair to or to replace parts or existing structures which do not enlarge or increase the height of the existing structure. (Ord. 467 § 48, 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 regulations in question. 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 do substantial justice and be in accordance with the spirit of the regulations and this chapter; provided, that the planning commission may deem necessary to effectuate the purpose of the chapter.

(Ord. 467 § 48, 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 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 maintaining same.

(Ord. 467 § 48, 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 § 48, 1984)

Where this chapter imposes 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. (Ord. 467 § 48, 1984)