Chapter 5 — AIRPORT APPROACH ZONING

The purposes of this chapter are to establish regulations to prevent the creation or establishment of airport hazards, as hereinafter defined, and to provide for the elimination, removal, alteration, mitigation, or marking and lighting of existing airport hazards at, and in the vicinity of, the City Municipal Airport. ('61 Code, § 10-5.101) (Ord. 106 C.S., passed 4-5-67)

The following words wherever used in this chapter shall be construed and defined as stated in this section as follows:

AIRPORT. The City Municipal Airport.

AIRPORT ELEVATION. The established elevation of the highest point on the usable paved runway. The airport elevation at the City Municipal Airport has been established at 253 feet MSL.

AIRPORT HAZARD. Any structure, tree, or use of land which obstructs the airspace required for, or is otherwise hazardous to, the flight of aircraft in landing or taking off at the airport.

AIRPORT REFERENCE POINT. The geographic center of the City Municipal Airport runway as hereinafter provided and established and as shown on the hereinafter referred to map.

AIRPORT ZONING OFFICER. The Director of Planning of the city or his or her authorized representative. ELEVATION. Height above mean sea level.

HEIGHT. For the purpose of determining the height limits in all zones set forth in this chapter and shown on the zoning map, height shall mean distance above ground level.

LANDING AREA. The area of the airport used for the landing, takeoff, or taxiing of aircraft.

NONCONFORMING USE. Any structure, tree, or use of land which is lawfully in existence on April 1, 1967, but which does not meet the requirements of this chapter.

PERSON. An individual, firm, partnership, corporation, company, association, joint stock association, or body politic and shall include a trustee, receiver, assignee, administrator, executor, guardian, or other representative. RUNWAY. The paved surface of the airport landing strip.

STRUCTURE. An object constructed or installed by man, including, but without limitation to, buildings, towers, smokestacks, and overhead transmission lines.

TREE. Any object of natural growth.

('61 Code, § 10-5.102) (Ord. 106 C.S., passed 4-5-67)

ESTABLISHMENT OF ZONES, HEIGHT, AND USE LIMITATIONS

There is created and established an Airport Reference Point, being the geographic center of the City Municipal Airport paved NW-SE Runway (30-12) located as shown on that certain map entitled "Airport Approach Zones" as more particularly set forth in § 10-5.501 of Designation of Zone Boundaries and Prezoning of Unincorporated Territory of this chapter.

('61 Code, § 10-5.201) (Ord. 106 C.S., passed 4-5-67)

There are established Airport Approach Zones at the City Municipal Airport, the zones being as follows:

(A) HORIZONTAL SURFACE ZONE. Consisting of all that certain surface within that certain circular plane located 150 feet above the established Airport Reference Point with a radius from the Airport Reference Point of 7,000 feet;

(B) CONICAL SURFACE ZONE. Consisting of all that certain surface extending from the periphery of the horizontal surface outward and upward at a 20:1 slope for the horizontal distance of 5,000 feet and to a height above the airport elevation of 400 feet;

(C) PRIMARY SURFACE ZONE. Consisting of a surface longitudinally centered on the NW- SE Runway at the airport (30-12) 400 feet in width and extending 200 feet beyond both ends of the runway. The elevation of any point on the longitudinal profile within the PRIMARY SURFACE ZONE coincides with the elevation of the runway center line;

(D) APPROACH SURFACE ZONE. Consisting of a surface which is longitudinally centered on the extended surface of the NW-SE Runway beginning at the end of the PRIMARY SURFACE ZONE and extending upward and outward at a slope of 40:1 and expanding to a width of 2,400 feet at a horizontal distance of 10,000 feet; and

(E) TRANSITIONAL SURFACE ZONE. Consisting of a surface extending outward and upward at right angles to the runway center line at a slope of 7:1 from the edges of the PRIMARY and APPROACH SURFACE ZONES until they intersect the HORIZONTAL or CONICAL SURFACE ZONES .

('61 Code, § 10-5.202) (Ord. 106 C.S., passed 4-5-67)

Except as otherwise provided in this chapter, no structure or tree shall be erected, altered, or allowed to grow or be maintained in any zone created by this chapter to an elevation in excess of the height of the surfaces designated in the Airport Approach Zones established by this chapter. Nothing herein, however, shall be construed to prohibit the installation and maintenance of those structures necessary and incidental to airport operations as determined by the Airport Zoning Officer.

('61 Code, § 10-5.203) (Ord. 106 C.S., passed 4-5-67)

Notwithstanding any other provision of this chapter, no use may be made of land within any zone established by this chapter which, in the determination of the Airport Zoning Officer, creates electrical interference with radio communication between the airport and aircraft, makes it difficult for flyers to distinguish between airport lights and others, results in glare in the eyes of flyers using the airport, impairs visibility in the vicinity of the airport, or otherwise endangers the landing, taking-off, or maneuvering of aircraft.

('61 Code, § 10-5.204) (Ord. 106 C.S., passed 4-5-67)

NONCONFORMING USES AND VARIANCES

(A) The regulations prescribed by 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 April 1, 1967, 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 April 5, 1967, and which is diligently prosecuted.

(B) Notwithstanding the preceding provision of this section, the owner of any nonconforming structure or tree is required to permit the installation, operation, and maintenance thereon of such markers and lights as shall be deemed necessary by the Airport Zoning Officer to indicate to the operators of aircraft in the vicinity of the airport the presence of such airport hazards. Such markers and lights shall be installed, operated, and maintained at the expense of the city.

(C) Whenever the Airport Zoning Officer determines that a nonconforming structure or tree has been abandoned or more than 50% torn down, physically deteriorated, or decayed, no such structure or tree shall be rebuilt or allowed to grow so as to exceed the applicable height limit or otherwise deviate from the zoning regulations. ('61 Code, § 10-5.301) (Ord. 106 C.S., passed 4-5-67)

(A) Any person desiring to erect or increase the height of any structure, or permit the growth of any tree, or use his or her property not in accordance with the regulations prescribed in this chapter may apply to the Airport Zoning Officer for a variance from such regulations. Such variances shall be allowed where it is duly found that a literal application or enforcement of such regulations would result in practical difficulty or unnecessary hardship and the relief granted would not be contrary to the public interest but will do substantial justice and be in accordance with the spirit of the provisions of this chapter.

(B) Any permit or variance granted may, if such action is deemed advisable to effectuate the purposes of this chapter 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 thereon, at the owner's expense, such markers and lights as may be necessary to indicate to flyers the presence of an airport hazard.

('61 Code, § 10-5.302) (Ord. 106 C.S., passed 4-5-67)

AIRPORT ZONING OFFICER; APPEALS

There is created the office of Airport Zoning Officer. The Airport Zoning Officer shall have the duty to hear and decide all applications, permits, and variances issued pursuant to the provisions of this chapter. ('61 Code, § 10-5.401) (Ord. 106 C.S., passed 4-5-67)

Any person aggrieved by any decision of the Airport Zoning Officer made in his or her administration of the provisions of this chapter may appeal to the Airport Zoning Commission by filing with the Commission a notice of appeal, specifying the grounds thereof, within ten days after receiving written notice of the action of the Airport Zoning Officer. The Airport Zoning Commission shall fix a reasonable time for hearing any such appeals, give due notice to the parties in interest, and within 30 days after the close of any hearing thereon, affirm, reject, or modify in whole or in part the decision or determination appealed from or make such order, requirement, or determination as appropriate under the circumstances.

('61 Code, § 10-5.402) (Ord. 106 C.S., passed 4-5-67)

DESIGNATION OF ZONE BOUNDARIES AND PREZONING OF UNINCORPORATED TERRITORY

The designation, location, and boundaries of the Airport Approach Zones established by § 10-5.202 of Establishment of Zones, Height, and Use Limits of this chapter are as set forth and indicated on that certain key map entitled "Airport Approach Zones" incorporated in and made a part of this chapter, three copies of which are on file in the office of the City Clerk. No person shall use any land, building, structure, or tree, nor shall any building, structure, or tree be erected, enlarged, or allowed to grow higher in such zones shown on the map except in accordance with the regulations established by this chapter.

('61 Code, § 10-5.501) (Ord. 106 C.S., passed 4-5-67)

All of the unincorporated territory shown on the Airport Approach Zones map is zoned as hereinabove stated as authorized by Cal. Gov't Code § 65859 and shall have such zoning attached to it in the event of annexation of any or all of such territory to the city.

('61 Code, § 10-5.502) (Ord. 106 C.S., passed 4-5-67)