Mendocino County Municipal Code Ch. 20.408 Ah—airport Height Combining Districts

This district is intended to be applied in areas in close proximity to public or private airports where, for the purposes of safety, it is necessary to limit the height of structures.

(Ord. No. 3785 (part), adopted 1991)

In any district with which is combined an AH District, the following special height regulations shall apply unless the height limitations in the base district are more restrictive.

(Ord. No. 3785 (part), adopted 1991)

As used in this Chapter, and as used in this Chapter only, the following definitions shall apply unless the context otherwise requires:

(A) "Airport" means the general area of land which is used, or intended to be used, for the landing and taking off of aircraft.

(B) "Airport hazard" means any structure, 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.

(C) "Airport operator" means the legislative or governing body of the county, city, district, or other local entity which is responsible for the continued operation and maintenance of a public airport. In the case of a private airport, "Airport operator" means the individual, individuals, or legal entity which operates and maintains the airport.

(D) "Landing area" means the existing and future area of the airport used for the landing, take-off, or taxiing of aircraft.

(E) "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.

(F) "Person" means any individual firm, co-partnership, corporation, company, association, joint association, or body politic and includes any trustee, receiver, assignee, or other similar representative thereof.

(G) "Special hazard" means a nonconforming tree which in the opinion of the airport operator, because of its particular location, height, configuration, or proximity to the airport, constitutes a particular danger to aircraft using the airport.

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

(Ord. No. 3785 (part), adopted 1991)

In order to carry out the purposes of this Chapter, all land within the vicinity of the landing area of the airport is hereby divided into approach zones, transition zones, and horizontal and conical surfaces in accordance with "Standards for Determining Obstructions to Air Navigation," Part 77, Published January, 1975, prepared by the Department of Transportation Federal Aviation Administration which is adopted and made a part hereof.

(A) Such approach zones, transition zones, horizontal and conical surfaces shall not become effective unless and until the adoption of an airport zoning map or maps delineating such approach zones, transition zones, horizontal and conical surfaces, and height limits, in the vicinity of the landing area of the airport. Said airport zoning map shall be adopted in the same manner as this Chapter, shall be made a part hereof, and shall be subject to amendments made pursuant to the law. Such amendments shall be entered on the airport zoning map, and the same shall be maintained up to date at all times.

(Ord. No. 3785 (part), adopted 1991)

(A) The Mendocino Airport Zoning Map Number 3 is hereby adopted and incorporated herein by reference and the area depicted thereby is subject to the requirements of this Chapter except to the extent herein indicated.

(B) The official map shall be maintained by the Department of Planning and Building Services. Copies of said map shall be maintained by the Clerk of the Board.

(Ord. No. 3785 (part), adopted 1991)

Except as otherwise provided in this Chapter, no structure or tree shall be erected, altered, or allowed to grow or be maintained in any airport approach zone, transition zone, or horizontal and conical surfaces to a height in excess of the height limit specified for such zone as delineated upon the airport zoning map. Such height limits shall be those specified in the aforesaid "Standards for Determining Obstructions to Air Navigation."

(Ord. No. 3785 (part), adopted 1991)

Notwithstanding any other provisions of this Chapter, no use may be made of land within any airport approach zones, airport transition zones, or horizontal and conical surfaces in such a manner as to create harmful electrical interference with radio communications between the airport and aircraft, make it difficult for flyers to distinguish between airport lights and other lights, result in harmful glare in the eyes of the flyers using the airport, impair visibility in the vicinity of the airport, or otherwise endanger the landing, take-off, or maneuvering of aircraft.

(Ord. No. 3785 (part), adopted 1991)

(A) Before any nonconforming structure or tree may be replaced, substantially altered or repaired, rebuilt, allowed to grow higher, or replanted, a coastal conditional use permit must be secured from the approving authority authorizing such replacement, change or repair in compliance with Chapter 20.480 of this Division.

(B) 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 when the applicable regulation was adopted or than it is when the application for a permit is made.

(C) 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 existing structure.

(D) 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, must apply to the Mendocino County Coastal Permit Administrator for a variance from the zoning regulations in question. Such variance shall be allowed only in conformance with Chapter 20.540 of this Division; provided, that any variance may be allowed subject to any reasonable conditions that the Mendocino County Coastal Permit Administrator may deem necessary to effectuate the purpose of this Chapter.

(E) In granting any permit or variance under this section, the administrative agency may, if it deems such action advisable to effectuate the purposes of this Chapter and reasonable in the circumstances, to condition such permit or variance to require the owner of the structure or tree in question to permit the County, at its own expense, to install, operate, and maintain thereon such markers and lights as may be necessary to indicate to flyers the presence of an airport hazard.

(Ord. No. 3785 (part), adopted 1991)

The Mendocino County Coastal Permit Administrator is hereby designated the administrator, charged with the duty of administering and enforcing the regulations herein described for that area of the Mendocino Airport at Little River which lies within the Coastal Zone. The duties of the Mendocino County Coastal Permit Administrator shall include that of reviewing all applications for coastal development permits within the approach zones, transition zones, horizontal and conical surfaces of the airport and areas subject to the regulations of this Chapter, but the Mendocino County Coastal Permit Administrator shall not have or exercise any of the powers or duties delegated to the County Planning Commission.

(Ord. No. 3785 (part), adopted 1991)

Should the airport operator declare a growing tree to constitute a special hazard because it has been allowed to grow in violation of County ordinance or State law, the airport operator may institute legal abatement procedures to have the tree trimmed, topped or removed at the expense of said airport operator.

(Ord. No. 3785 (part), adopted 1991)