Modoc County Municipal Code § 18.90.030 Zoning maps

This chapter is adopted pursuant to the authority conferred by the California State Airport Approaches Zoning Law. It is hereby found that an airport hazard endangers the lives and property of users of the airports referenced in this chapter, and property or occupants of land in its vicinity, and also, if of the obstruction type, in effect reduces the size of the area available for the landing, takeoff, and maneuvering of aircraft, thus tending to destroy or impair the utility of the airports referenced in this chapter and the public investment therein. Accordingly, it is declared that:

A. The creation or establishment of an airport hazard is a public nuisance and an injury to the region served by the airports referenced in this chapter.

B. It is necessary, in the interest of the public health, public safety, and general welfare, that the creation or establishment of airport hazards be prevented; and

C. The prevention of these hazards should be accomplished, to the extent legally possible, by the exercise of the police power without compensation.

D. The prevention of the creation or establishment of airport hazards and the elimination, removal, alteration, mitigation, or marking and lighting of existing airport hazards are public purposes for which the county may raise and expend public funds and acquire land or interests in land.

(Ord. 236-73 Exh. A(part), 1991)

The words and phrases in this section shall have the designated meanings in this chapter, unless the context otherwise requires:

A. "Airport" means any of the following: Adin Airport, Alturas Airport, California Pines Community Services District Airport, Cedarville Airport, Eagleville Airport, Fort Bidwell Airport, Tulelake Airport.

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 which is otherwise hazardous to such landing or taking off of aircraft.

C. "Airport zoning commission" means a commission consisting of the members of the county planning commission.

D. "Landing area" means the area of the airport used for the landing, takeoff, 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 regulation.

F. "Person" means any individual, firm, copartnership, corporation, company, association, joint stock association, city, county, or district, and includes any trustee, receiver, or assigns.

G. "Structures" means any object constructed or installed by man, including but not limited to buildings, towers, smokestacks, and overhead lines.

H. "Tree" means any object of natural growth.

(Ord. 236-73 Exh. A(part), 1991)

In order to carry out the purposes of this chapter, there are created and established airport hazard zones which include all of the land lying within the approach zones, transitional zones, horizontal zones, and conical zones as they apply to each particular airport. Such zones are shown on the airport zoning map or maps for each airport referenced in this chapter. The airport zoning maps are incorporated in this title by reference as if set forth in full, subject to amendments pursuant to Chapter 18.134 and State law. The department of public works shall recommend revisions to the airport zoning maps as required to comply with applicable laws.

(Ord. 236-73 Exh. A(part), 1991)

A. Except as otherwise provided, no structure or tree shall be erected, altered, maintained, or allowed to grow in any AH zone, including each approach zone, transitional zone, horizontal zone, or conical zone, to a height in excess of the height limit established in this chapter for each zone.

B. For the purposes of determining the height limits referenced in this section and chapter, the United States Coast and Geodetic Survey has established the official elevation references of the airports referenced in this chapter, and all height limits are established with reference to the official elevations, as set forth in Sections 18.90.050 through 18.90.110.

(Ord. 236-73 Exh. A(part), 1991)

The following official elevation reference and height limits are established in the AH zone-Adin Airport:

A. Official elevation reference, four thousand two hundred twenty-eight feet;

B. Horizontal zone, one hundred fifty feet;

C. Conical zone, one hundred fifty feet at the inner perimeter and increasing in height at the ratio of 20:1 to the outer perimeter;

D. Runway approach zones 09 and 27, as designated on Adin Airport zoning map, shall not exceed a height greater than permitted by a 20:1 glide slope, and continuing to an intersection with the horizontal surface;

E. Transition zones, the height to be determined within the boundaries of the transition zone by reference to the Adin Airport zoning map, at a ratio of 7:1, commencing at the boundary of the landing area.

(Ord. 236-73 Exh. A(part), 1991)

The following official elevation reference and height limits are established in the AH zone-Alturas Airport:

A. Official elevation reference, four thousand three hundred seventy-five feet;

B. Horizontal zone, one hundred fifty feet above established airport elevation, or at four thousand five hundred twenty-five feet;

C. Conical zone, one hundred fifty feet at the inner perimeter and increasing in height at the ratio of 20:1 for four thousand feet to the outer perimeter, or at four thousand five hundred twenty-five feet at the inner perimeter increasing in height at the ratio of 20:1 for four thousand feet to the outer perimeter at four thousand seven hundred twenty-five feet;

D. Runway approach zones 03, 13, 21, and 31, as designated on the Alturas Airport zoning map, shall not exceed a height greater than permitted by a 20:1 glide slope, and continuing to an intersection with the horizontal surface;

E. Transition zone, the height to be determined within the boundaries of the transition zone by reference to the Alturas Airport zoning map, at a ratio of 7:1, commencing at the boundary of the primary surface.

(Ord. 236-73 Exh. A(part), 1991)

The following official elevation reference and height limits are established in the AH zone-California Pines Community Services District Airport:

A. Official elevation reference, none;

B. Primary zone. A surface longitudinally centered on a runway, one hundred twenty-five feet on each side of the centerline and extended two hundred feet beyond each end of that runway. The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway centerline;

C. Visual approach zone. A surface longitudinally centered on the extended runway centerline 5 and 23, as designated on the Californian Pines Community Services District Airport zoning map, and extending outward and upward from each end of the primary surface. The inner edge of this approach coincides with the width (two hundred fifty feet) of each primary surface, and extends outward at a 10:1 flare on each side, and upward at a 20:1 slope to its intersection with the horizontal surface;

D. Horizontal zone. A horizontal plane one hundred fifty feet above established airport elevation, or at four thousand five hundred forty-five feet, the perimeter of which is established by swing arcs of five-thousand-foot radii from the center of each end of the primary surface at each end of the runway, and connecting the adjacent arcs by lines tangent to those arcs;

E. Conical zone. A surface extending outward and upward from the periphery of the horizontal surface at a slope of 20:1 for a distance of four thousand feet, and a height of three hundred fifty feet above the airport elevation, or at four thousand seven hundred forty-five feet;

F. Transition zones. These surfaces extend outward and upward at right angles to the runway centerline and the runway centerline extended at a slope of 7:1, from the sides of the primary surface and from the sides of the approach surfaces, to where they intersect the horizontal and conical surfaces.

(Ord. 236-73 Exh. A(part), 1991)

The following official elevation reference and height limits are established in the AH zone-Cedarville Airport:

A. Official elevation reference, four thousand six hundred twenty-three feet;

B. Horizontal zone, one hundred fifty feet above established airport elevation, or at four thousand seven hundred seventy-three feet;

C. Conical zone, at one hundred fifty feet at the inner perimeter, and increasing in height at the ratio of 20:1 for four thousand feet to the outer perimeter, or at four thousand seven hundred seventy-three feet at the inner perimeter, increasing in height at the ratio of 20:1 for four thousand feet to the outer perimeter at four thousand nine hundred seventy-three feet;

D. Runway approach zones 01 and 19 as designated on the Cedarville Airport zoning map shall not exceed a height greater than permitted by a 20:1 glide slope, and continuing to an intersection with the horizontal surface;

E. Transition zones, the height to be determined within the boundaries of the transition zone by reference to the Cedarville Airport zoning map at a ratio of 7:1, commencing at the boundary of the primary surface;

F. For additional runways, Runway approach zones 06 and 24, as designated on the Cedarville Airport zoning map, shall not exceed a height greater than permitted by a 20:1 glide slope, and continuing to an intersection with the horizontal surface.

(Ord. 236-73 Exh. A(part), 1991)

The following official elevation reference and height limits are established in the AH zone-Eagleville Airport:

A. Official elevation reference, four thousand four hundred ninety-seven feet;

B. Horizontal zone, one hundred fifty feet above established airport elevation, or at four thousand six hundred forty-seven feet;

C. Conical zone, one hundred fifty feet at the inner perimeter, elevation four thousand six hundred forty-seven feet, and increasing in height at a 20:1 ratio for four thousand feet to the outer perimeter, elevation four thousand eight hundred forty seven feet;

D. Runway approach zones 18 and 36 as designated on the Eagleville Airport zoning map shall not exceed a height greater than permitted by a 20:1 glide slope, and continuing to an intersection with the horizontal surface;

E. Transition zones, the height to be determined within the boundaries of the transition zone by reference to the Eagleville Airport zoning map at the ratio of 7:1, commencing at the boundary of the primary surface;

F. For additional runways, runway approach zone, and as designed in the Eagleville Airport zoning map, shall not exceed a height greater than permitted by a 20:1 glide slope, and continuing to an intersection with the horizontal surface.

(Ord. 236-73 Exh. A(part), 1991)

The following official elevation reference and height limits are established in the AH zone-Fort Bidwell Airport:

A. Official elevation reference, four thousand six hundred two feet;

B. Horizontal zone, one hundred fifty feet above established airport elevation, or at four thousand seven hundred fifty-two feet;

C. Conical zone, one hundred fifty feet at the inner perimeter, and increasing in height at the ratio of 20:1 for four thousand feet to the outer perimeter, or at four thousand seven hundred fifty-two feet at the inner perimeter and increasing in height at the ratio of 20:1 for four thousand feet to the outer perimeter at four thousand nine hundred fifty-two feet;

D. Runway approach zones 16 and 24 as designated on the Fort Bidwell Airport zoning map shall not exceed a height greater than permitted by a 20:1 glide slope, and continuing to an intersection with the horizontal surface;

E. Transition zones, the height to be determined within the boundaries of the transition zone by reference to the Fort Bidwell Airport zoning map at a ratio of 7:1, commencing at the boundary of the primary surface.

(Ord. 236-73 Exh. A(part), 1991)

The following official elevation reference and height limits are established in the AH zone-Tulelake Airport:

A. Official elevation reference, four thousand forty-eight feet;

B. Horizontal zone, one hundred fifty feet above established airport elevation, or at four thousand one hundred ninety-eight feet;

C. Conical zone, one hundred fifty feet at the inner perimeter, and increasing in height at the ratio of 20:1 for four thousand feet to the outer perimeter, or at four thousand one hundred ninety-eight feet at the inner perimeter, increasing in height at the ratio of 20:1 for four thousand feet to the outer perimeter at four thousand three hundred ninety-eight feet;

D. Runway approach zones 11 and 29 as designated on the Tulelake Airport zoning map shall not exceed a height greater than permitted by a 20:1 glide slope, and continuing to an intersection with the horizontal surface;

E. Transition zone, the height to be determined within the boundaries of the transition zone by reference to the Tulelake Airport zoning map at a ratio of 7:1, commencing at the boundary of the primary surface.

(Ord. 236-73 Exh. A(part), 1991)

No use shall be made of land within any AH zone including any approach zone, horizontal zone, conical zone, or transition zone, in such a manner as to create an 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 the airport, or otherwise endangering the landing, takeoff, or maneuvering of aircraft.

(Ord. 236-73 Exh. A(part), 1991)

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 the effective date of these regulations, or otherwise interfere with the continuance of any nonconforming use. Nothing contained in this chapter 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 airport zoning regulations and is diligently pursued and completed within a reasonable time.

B. Notwithstanding subsection A of this section, the owner of any existing nonconforming structure or tree may be required to permit the installation, operation, and maintenance thereon of such markers and lights as shall be deemed necessary by the county 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 county.

(Ord. 236-73 Exh. A(part), 1991)

A. Nonconforming uses: 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 airport zoning regulations or any amendments thereto, or than it is when the application for a permit is made. Except as provided in this title, all applications for such permits shall be granted. 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 the existing structure. Application for such permits shall be made and processed in the same manner as an application for a variance pursuant to Chapter 18.132.

B. Variances: Any person desiring to erect or increase the height of any structure, or permit the growth of any tree, or used his property in violation of airport zoning regulations adopted under this chapter, may apply to the planning commission for a variance from such regulations. Such variances shall be allowed where it is found that 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 will do substantial justice, and be in accordance with the spirit of this chapter; provided that any variance may be allowed subject to reasonable conditions necessary to effectuate the purpose of this chapter.

C. Conditions: Any permit or variance granted may, if such action is deemed advisable to effectuate the purpose 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 permit the county, at the expense of the permittee to install, operate, and maintain thereon such markers and lights as may be necessary to indicate to pilots the presence of any airport hazard.

(Ord. 236-73 Exh. A(part), 1991)

Where there exists a conflict between any regulations or limitations set out in this chapter and any other regulations applicable to the same area, whether the conflict be with respect to the height of structures or trees, the use of land, or any other matter, the more stringent regulation or limitation shall apply.

(Ord. 236-73 Exh. A(part), 1991)

Every violation of this chapter is declared a public nuisance and the provisions in Chapter 18.158 shall apply.

(Ord. 236-73 Exh. A(part), 1991)