Chapter 1 — Airport Zoning

Note: Sections 9-1.01 though 9-1.19, codified from Ordinance No. 369, repealed by Ordinance No. 672, effective January 16, 1981.

Pursuant to the authority conferred by Section 11 of Article XI of the Constitution of the State, the Council deems it necessary to create an airport approaches zoning law for the purpose of promoting the health, safety, and general welfare of the inhabitants of the City by preventing the creation or establishment of airport hazards, thereby protecting the lives and property of the users of the Los Banos Municipal 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. (§ 2, Ord. 672, eff. January 16, 1981)

This chapter shall be known and may be cited as the "Los Banos Municipal Airport Zoning Law of the City of Los Banos". (§ 2, Ord. 672, eff. January 16, 1981)

For the purposes of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as follows:

"Airport" shall mean the Los Banos Municipal Airport.

"Airport hazard" shall mean 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" shall mean 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 regulation.

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

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

"Runway landing area" shall mean the defined area of the airport prepared for the landing and takeoff of aircraft along its length.

"Tree" shall mean any object of natural growth.

"City or county" shall mean any city, county, or city and county.

"Planning Commission" shall mean the Planning Commission of the City.

"Utility runway" shall mean a runway which is constructed for and intended to be used by propellerdriven aircraft of 12,500 pounds maximum gross weight and less.

"Nonprecision instrument runway" shall mean a runway having an existing instrument approach procedure utilizing air navigation facilities with only horizontal guidance, or area type navigation equipment, for which a straight-in non-precision instrument approach procedure has been approved or planned.

"Primary surface" shall mean a surface longitudinally centered on a runway. The primary surface shall extend 200 feet beyond each end of the runways and shall be 500 feet wide. The elevation of any point on the primary surface shall be the same as the elevation of the nearest point on the runway center line.

"Horizontal surface" shall mean a surface established by swinging areas of 5,000 radii from the center of each and of the primary surface of the runway and connecting the adjacent areas by drawing lines tangent to those areas. The horizontal surface elevation shall be 150 feet above the airport elevation or 269 feet mean sea level.

"Conical surface" shall mean a surface established as the area that commences at the periphery of the horizontal surface and extends outward therefrom a horizontal distance of 4,000 feet. The conical surface shall slope upward and outward twenty (20′) feet horizontally for each foot vertically beginning at an elevation of 269 feet mean sea level and extending to a height of 469 feet mean sea level.

ical surface"** shall mean a surface established as the area that commences at the periphery of the horizontal surface and extends outward therefrom a horizontal distance of 4,000 feet. The conical surface shall slope upward and outward twenty (20′) feet horizontally for each foot vertically beginning at an elevation of 269 feet mean sea level and extending to a height of 469 feet mean sea level.

"Approach surface". The inner edge of the approach surface shall coincide with the width of the primary surface and shall be 500 feet wide. The approach surface shall expand outward uniformly to a width of 2,000 feet at a horizontal distance of 5,000 feet from the primary surface, its center line being the continuation of the runway center line. The approach surface shall slope upward twenty (20′) feet horizontally for each foot vertically beginning at the end of the primary surface (200 feet from the runway end) at the same elevation of the runway (Runway 32-119 feet mean sea level and Runway 14-118 feet mean sea level).

"Transitional surface". The transitional surfaces shall extend outward and upward at 90 degrees to the runway center line and the extended runway center line at a slope of seven (7′) feet horizontally for each foot vertically. The transitional surfaces shall extend from the sides of the primary and approach surfaces to where they intersect the horizontal surface. The transitional surfaces shall begin at the same elevation as the primary and approach surfaces and extend to the horizontal surface.

(§ 2, Ord. 672, eff. January 16, 1981)

• (a) Authorized. In order to carry out the purpose of this chapter, all of the land within the boundaries of the airport and other land in the vicinity of the airport is hereby divided into horizontal zones, conical zones, transition zones, and runway approach zones, the boundaries of which are shown on the Approach and Clear Zone Plan of the airport.

• (b) Approach and Clear Zone Plan. The Approach and Clear Zone Plan of the airport is hereby approved as the official plan for such zoning purposes and shall be on file in the office of the City Clerk and is hereby made a part of this chapter, subject to amendments thereto made pursuant to law from time to time. Such amendments shall be entered on the official map and be maintained up-to-date at all times. The Approach and Clear Zone Plan of the airport shall be available for examination at all times when the office of the City Clerk is open for business.

• (c) Height limits. 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 limits established for each zone. For the purposes of this regulation, the following height limits are hereby established for each of the zones in question:

  • (1) Horizontal zone, 269 feet mean sea level;

  • (2) Conical zone, 269 feet mean sea level at the inner perimeter and increasing in height at the ratio of 20:1 to an elevation of 469 feet mean sea level at the outer perimeter;

  • (3)

    • (i) Approach zone Runway 14 (20:1), beginning at an elevation of 118 feet mean sea level at the end of the primary surface and increasing in height at a ratio of 20:1 to 368 feet mean sea level at a horizontal distance of 5,000 feet along the extended runway center line; and

    • (ii) Approach zone Runway 32 (20:1), beginning at an elevation of 119 feet mean sea level at the end of the primary surface and increasing in height at a ratio of 20:1 to 369 feet mean sea level a horizontal distance of 5,000 feet along the extended runway center line; and

  • (4) Transitional zone, height to be determined (refer to the Approach and Clear Zone Plan of the airport) at a ratio of 7:l commencing at the boundary of the primary surface and approach surface.

• (§ 2, Ord. 672, eff. January 16, 1981)

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 communications between the airport and aircraft, make it difficult for pilots to distinguish between airport lights and other lights, result in glare in the eyes of the pilots using the airport, impair visibility in the vicinity of the airport, or otherwise endanger the landing, takeoff, or maneuvering of air-craft. (§ 2, Ord. 672, eff. January 16, 1981)

The regulations prescribed in Sections 9-1.04 and 9-1.05 of this chapter 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 January 16, 1981, or otherwise interfere with the continuance of any nonconforming use. Nothing contained in this chapter, shall require any change in construction, alteration of which was begun prior to January 16, 1981, and is diligently prosecuted and completed within a reasonable time thereof.

(§ 2, Ord. 672, eff. January 16, 1981)

The Planning Director is hereby designated the administrator charged with the duty of administering and enforcing the regulations of this chapter. The Planning Commission shall review and decide upon all applications for permits and variances pursuant to Sections 9-1.08 and 9-1.09 of this chapter.

(§ 2, Ord. 672, eff. January 16, 1981)

Before any nonconforming structure or tree may be replaced, substantially altered or repaired, rebuilt, allowed to grow higher, or replanted, a permit shall be secured from the Planning Commission. No permit shall be granted which 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 January 16, 1981, or than it is when the application for a permit is made. Except as provided in this section, all applications for permits shall be granted. No such permit shall be required to make maintenance repairs to or to replace part of existing structures which do not enlarge or increase the height of the existing structures.

(§ 2, Ord. 672, eff. January 16, 1981)

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 or her property in violation of the airport zoning regulations adopted by this chapter may apply to the Planning Commission for a variance from the regulations 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 of this chapter; provided, however, any variance may be allowed subject to any reasonable conditions the Planning Commission may deem necessary to effectuate the purpose of this chapter.

(§ 2, Ord. 672, eff. January 16, 1981)

In the event any person shall erect, construct, move, or 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 hereby declared a public nuisance, and it shall be the duty of the City Attorney 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, or, if such erection, construction, moving, alteration, or growth is being or has been accomplished, the City Attorney shall bring and prosecute an action to enjoin such person from maintaining the same. (§ 2, Ord. 672, eff. January 16, 1981)

Any person violating any provision of this chapter shall be guilty of a misdemeanor and, upon conviction thereof, shall be punishable by a fine of not more than Five Hundred and No/100ths ($500.00) 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.

(§ 2, Ord. 672, eff. January 16, 1981)

Where this chapter imposes a greater or more stringent restriction upon the use of land than is imposed or required by any other law or regulations, the provisions of this chapter shall govern. (§ 2, Ord. 672, eff. January 16, 1981)

Should any section or part of a section, clause, or provision of this chapter be declared by any court to be invalid, the same shall not affect the validity of the chapter as a whole, or any part thereof, other than the part so declared to be invalid. (§ 2, Ord. 672, eff. January 16, 1981)