Modesto Municipal Code § 10-7.205 Nonconforming Uses

The Airport Zone (A-P) regulates and restricts the height of structures and objects of natural growth and otherwise regulates the use of property in the vicinity of the Modesto City-County Airport/Harry Sham Field to serve the public health, safety, and general welfare and to safeguard the utility of the airport and the public investment therein.

For the purpose of this Article, the following words and phrases shall have the meanings respectively ascribed to them by this section.

(a) Airport. The Modesto City-County Airport/Harry Sham Field.

(b) Airport elevation. The highest point of the airport's usable landing areas.

(c) Airport hazard. Any structure, object or natural growth, source of electrical interference, or light source located on or in the vicinity of the airport, or any use of land near the airport, which is in violation of these regulations and which obstructs the airspace required for the flight of aircraft in landing or takeoff or which is otherwise hazardous to such landing or takeoff of aircraft.

(d) Airport Zone. The land area underneath the approach, transitional, horizontal, and conical surfaces as described in this Article.

(e) Approved airport layout plan. That certain airport layout plan adopted by Council resolution from time to time and on file in the office of the City Clerk of the City of Modesto.

(f) Nonprecision instrument runway. A runway having an existing instrument approach procedure utilizing air navigation (avigation) facilities with only horizontal guidance, or area-type avigation equipment, for which a straight-in nonprecision instrument approach procedure has been approved or planned, and for which no precision approach facilities are planned or indicated on the approved airport layout plan. This is the north runway at the airport, but only for aircraft approaching from the west and designated Runway 10L.

(g) Person. An individual, firm, partnership, corporation, company, association, joint stock association, or governmental entity, or a trustee, receiver, assignee, or similar representative of any of the foregoing.

(h) Precision instrument runway. A runway having an existing instrument approach procedure utilizing an Instrument Landing System (ILS) or a Precision Approach Radar (PAR). It also means a runway for which a precision approach system is planned and is so indicated on the approved airport layout plan. This is the north runway at the airport but only for aircraft approaching from the east and designated as Runway 28R.

(i) Primary surface. The surface longitudinally centered on each runway which extends two hundred (200) feet beyond each end of each runway. The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway center line. The width of the primary surface of a runway shall be that width prescribed in Part 77 of the Federal Aviation Regulations (FAR) dated May 1, 1965, as may be amended from time to time.

(j) Runway. A defined area on the airport prepared for landing and takeoff of aircraft along its length.

(k) Tree. Any object of natural growth.

(l) Utility runway. A runway that is constructed for and intended to be used by propeller driven aircraft of twelve thousand five hundred (12,500) pounds' maximum gross weight and less. This is the south runway at the airport designated 10R for aircraft approaching from the west and 28L for aircraft approaching from the east.

(m)Visual Runway. A runway intended solely for the operation of aircraft using visual approach procedures with no straight-in instrument approach procedure and no instrument designation indicated on the approved airport layout plan.

In order to carry out the provisions of this Article, there are hereby created and established certain surfaces, which include the approach surfaces, transitional surfaces, horizontal surfaces, and conical surfaces as they apply to the airport. Such surfaces are shown on the adopted Modesto City-County Airport Layout Plan (ALP), on file at the City of Modesto Airport offices. Said ALP, and all notations, references, and other information shown therein, is hereby made a part of this Article. Except as otherwise provided in this Article, no structure or tree shall be erected, altered, allowed to grow, or be maintained in the Airport Zone created by this Article to a height in excess of the surfaces herein established. An area located beneath more than one of the following surfaces is subject only to the more restrictive height limitation.

(a) Utility runway visual approach surfaces. The utility runway visual approach surfaces are located at each end of the primary surface of the south runway. Each surface width is two hundred fifty (250) feet wide where it adjoins the primary surface. These approach surfaces expand outward uniformly from each end of the primary surface to a width of one thousand two hundred fifty (1,250) feet at a horizontal distance of five thousand (5,000) feet, the center line being the continuation of the center line of Runway 10R/28L. These approach surfaces slope upward one-foot vertically for each twenty (20) feet horizontally, beginning at each end of and at the same elevation as the primary surfaces.

(b) Nonprecision instrument approach surface. The nonprecision instrument approach surface is located at the west end of the primary surface of the north runway. This approach surface width is one thousand (1,000) feet wide where it adjoins the primary surface. This approach surface expands outward uniformly from the west end of the primary surface to a width of three thousand five hundred (3,500) feet at a horizontal distance of ten thousand (10,000) feet, its centerline being the continuation of the center line of Runway 10L. This approach surface slopes upward one-foot vertically for each thirty-four (34) feet horizontally beginning at the end of and at the same elevation as the primary surface.

(c) Precision instrument approach surface. Precision instrument runway approach surface is located at the east end of the primary surface of the north runway. This approach surface width is one thousand (1,000) feet wide where it adjoins the primary surface. This approach surface expands outward uniformly from the east end of the primary surface to a width of sixteen thousand (16,000) feet at a horizontal distance of fifty thousand (50,000) feet, its center line being the continuation of the center line of Runway 28R. This approach surface slopes upward one-foot vertically for each fifty (50) feet horizontally beginning at the end of and at the same elevation as the primary surface and extending to a horizontal distance of ten thousand (10,000) feet along the extended runway center line; it then slopes ten thousand (10,000) feet along the extended runway center line; it then slopes upward one-foot vertically for each forty (40) feet horizontally to an additional horizontal distance of forty thousand (40,000) feet along the extended runway center line.

(d) Transitional surfaces. The transitional surfaces extend outward from the primary surfaces and the approach surfaces at a 90-degree angle to the runway center lines to where the transitional surfaces intersect the horizontal surface. The transitional surfaces adjacent to that portion of the precision instrument approach surface beyond the limit of the conical surface, extend a distance of five thousand (5,000) feet measured from the edge of said approach surface at a 90-degree angle to the extended runway centerline. The transitional surfaces slope upward one-foot vertically for each seven (7) feet horizontally beginning at the sides of and at the same elevation as the primary surfaces and the approach surfaces.

(e) Horizontal surface. The periphery of the horizontal surface is located by swinging arcs of ten thousand (10,000) feet radii from the center of each end of the primary surface of Runway 10L/28R and connecting the adjacent arcs by drawing lines tangent thereto and parallel to the runway center line. The inner edge of the horizontal surface is defined by its intersection with the transitional surfaces. The horizontal surface is one hundred fifty (150) feet above the airport elevation.

(f) Conical surface. The conical surface commences at the periphery of the horizontal surface and extends outward therefrom a horizontal distance of four thousand (4,000) feet. The conical surface slopes upward one-foot vertically for each twenty (20) feet horizontally beginning at the periphery of the horizontal surface.

(g) Exception to height limitations. Nothing in this Article shall be construed as prohibiting the growth, construction, or maintenance of any tree or structure to a height up to thirty-five (35) feet above the land beneath any surface in the Airport Zone. This exception does not apply to any land over which the City of Modesto owns an avigation easement.

Notwithstanding any other provisions of this Article, no use may be made of land or water within the Airport Zone in such a manner as to create electrical interference with avigational signals or with radio communication between the airport and aircraft, to make it difficult for pilots to distinguish between airport lights and others, to result in glare in the eyes of pilots using the airport, to impair visibility in the vicinity of the airport or otherwise in any way to create a hazard or endanger the landing, takeoff, or maneuvering of aircraft intending to use the airport.

(a) Regulations not retroactive. The regulations prescribed by this Article shall not be construed to require the removal, lowering, or other change or alteration to any structure or tree not conforming to these regulations as of July 1, 1977, or otherwise to interfere with the continuance of a nonconforming use. Nothing contained herein shall require any change in the construction, alteration, or intended use of any structure, the construction or alteration of which was begun prior to said date, if such construction or alteration is diligently pursued.

(b) Marking and lighting. Notwithstanding the provisions of subparagraph (a) of this section, the owner of any existing nonconforming structure or tree is hereby required to permit the installation, operation, and maintenance thereon of such markers and lights as be deemed necessary by the Airport Manager. Such markers and lights shall be installed, operated, and maintained at the expense of the City of Modesto.

(a) Proposed uses. No building permit shall be issued for a use of land or to erect, alter, install, or otherwise establish any structure or other object which would not conform to the regulations herein prescribed.

(b) Existing uses. No building permit shall be issued that would allow the establishment or creation of an airport hazard or permit a nonconforming use or structure to become a greater hazard to air avigation than it was on July 1, 1977, or on the effective date of any amendment thereto.

(c) Height limit for trees. Any person owning or in possession of real property shall keep all trees trimmed to a height not exceeding any of the height limits set forth herein. Nonconforming trees in existence on July 1, 1977, shall be kept trimmed at their existing height, and if removed or cut back shall not be allowed to grow above said height or the applicable height limit, whichever is higher.

(d) Variances. Any person desiring to erect or increase the height of any structure, or permit the growth of any tree, or use property contrary to the provisions of this Article may apply to the Board for a variance from such regulations pursuant to the provisions of Chapter 9, Article 6. Any variance granted may be conditioned to require the owner of the structure or tree in question to permit the City of Modesto, at its own expense, to install, operate, and maintain thereon such markers and lights as may be necessary to indicate to pilots the presence of an airport hazard.

(e) Abatement. Every airport hazard shall be deemed to be a dangerous building or structure subject to the abatement procedure set forth in the Dangerous Building Code adopted by Section 9-8.01 of this Code, except that every airport hazard which is an immediate danger to flying aircraft may be summarily abated. The provisions of this Article may be enforced by either the Airport Manager or the Chief Building Official.