Chapter 17.24 — AIRPORT ZONING

Sections:

The ordinance codified in this chapter shall be known and may be cited as the “Montague-Yreka Airport Hazard Zoning Ordinance.” (Ord. 133 § 1, 1975)

As used in this chapter, unless the context otherwise requires, the following definitions shall apply:

• A. “Airport” means the Montague-Yreka Airport.

B. “Airport hazard” means any structure or object of natural growth located on or in the vicinity of a public airport, or any use of land near such airport, which obstructs the airspace required for the flight of aircraft in landing or takeoff at such airport or is otherwise hazardous to such landing or takeoff of aircraft.

C. “Approach,” “transitional,” “horizontal” and “conical” zones: These zones apply to the area under the approach, transitional, horizontal and conical surfaces defined in Federal Aviation Regulations, Part 77, and shown on the map entitled “Airport Zoning Map for the Montague Airport,” which is incorporated in and made a part of this chapter. (Ord. 133 § 2, 1975)

The Montague Municipal Code is current through Ordinance 21-04, passed August 5, 2021.

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It shall be the duty of the building inspector of the city to administer and enforce the regulations prescribed herein. Applications for permits and variances shall be made to the building inspector upon a form furnished by him. Such applications shall be promptly reviewed by the building inspector and permitted forthwith to the planning commission of the city. (Ord. 133 § 9, 1975)

In order to carry out the provisions of this chapter, there are created and established certain zones which include all of the land lying within the approach zones, transitional zones, horizontal zones, and conical zones as they apply to a particular airport. Such zones are shown on the map entitled “Airport Zoning Map for Montague Airport,” consisting of one sheet, which is attached to the ordinance codified in this chapter and made a part thereof. (Ord. 133 § 3, 1975)

Except as otherwise provided in this chapter,. no structure or tree shall be erected, altered, allowed to grow, or be maintained in any zone created by this chapter to a height in excess of the height limit specified for such zone as delineated upon the Airport Zoning Map for Montague Airport. (Ord. 133 § 4, 1975)

Notwithstanding any other provisions of this chapter, no use may be made of land within any zone established by this chapter in such a manner as to create harmful electrical interference with navigational signals or radio communications between the airport and aircraft, make it difficult for pilots to distinguish between airport lights and others, result in glare in the eyes of pilots using the airport, impair visibility in the vicinity of the airport or otherwise in any way create a hazard or endanger the landing, takeoff or maneuvering of aircraft intending to use the airport. (Ord. 133 § 5, 1975)

A. Regulations Not Retroactive. The regulations prescribed by this chapter shall not be construed to require the removal, lowering or other changes or alterations of any structure or tree not conforming to the regulations as of the effective date of the ordinance codified in this chapter, or otherwise interfere with the continuance of a 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 the

The Montague Municipal Code is current through Ordinance 21-04, passed August 5, 2021.

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ordinance codified in this chapter, and is diligently prosecuted and completed within two years of the adoption of the ordinance codified in this chapter.

B. Permits. Before any nonconforming structure or tree may be replaced, substantially altered or repaired, rebuilt or allowed to grow higher or replanted, a permit shall be secured from the city planning commission authorizing such replacement, change or repair. 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 the ordinance codified in this chapter, or than it was when the application for such permit is made. No such permit shall be required to make maintenance repairs or to replace parts of existing structures, or electrical distribution or telephone poles or lines, which do not enlarge or increase the height of existing structures, poles or lines. (Ord. 133 § 6, 1975)

Any person desiring to erect or increase the height of any structure, or permit the growth of any tree, or use his property not in accordance with the regulations prescribed in this chapter, may apply to the planning commission for a variance from such regulations. Such variances shall be allowed where it is duly found that a literal application or enforcement of the regulations would result in practical difficulty or unnecessary hardship and 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. (Ord. 133 § 7, 1975)

Any permit or variance 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 city, 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. (Ord. 133 § 8, 1975)

Any person aggrieved, or any taxpayer affected, by any decision of the planning commission made in the administration of this chapter, may appeal to the city council. The procedures regulating such appeals shall be those set forth in Chapter 17.36. (Ord. 133 § 10, 1975)

The Montague Municipal Code is current through Ordinance 21-04, passed August 5, 2021.

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Title 17 Zoning | Montague Municipal Code

Where there exists a conflict between any of the regulations or limitations prescribed in this chapter and any other regulations applicable to the same area, whether the conflict is with respect to the height of structures or trees, the use of lands, or any other matter, the more stringent limitation or requirement shall govern and prevail. (Ord. 133 § 11, 1975)

In the event that any person should erect, construct, move, alter or attempt to erect, move or alter any structure or allow any tree to grow to a height in violation of the provisions of this chapter, the same is declared to be a public nuisance. The city attorney, upon order of the city council, shall commence the necessary action or proceedings for the abatement, removal or enjoinment thereof in the manner prescribed by law, in the courts which may have jurisdiction to grant such relief as will accomplish abatement and restraint. The remedies provided for in this section shall be in addition to any other remedy or remedies or penalties provided in this chapter or any other law or ordinance. (Ord. 133 § 13, 1975)

Any person aggrieved or taxpayer affected by any decision of the city council under this chapter, may petition a court for a review of the matter in accordance with law. (Ord. 133 § 14, 1975)

Any person violating any provisions of this chapter is guilty of a misdemeanor and upon conviction thereof, shall be punishable by a fine of not more than three hundred 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 chapter. (Ord. 133 § 12, 1975)