Napa County Municipal Code Ch. 11.12 Height Limitations and Use Restrictions

A. Except as otherwise provided in Division I of this title, no structure or tree shall be erected, altered, allowed to grow or be maintained in any zone identified in Chapter 11.08 of this division to a height in excess of the height limit established in this chapter for such zone. Such height limitations are established for each of the zones so identified as follows:

1. Precision Instrument Approach Zone. One foot in height for each fifty feet in horizontal distance, beginning at a point two hundred feet from and at the centerline elevation of the end of Runway 36L and extending to a distance of ten thousand two hundred feet from the end of the runway; thence one foot in height for each forty feet in horizontal distance to a point fifty thousand two hundred feet from the end of the runway;

2. Nonprecision Instrument Approach Zones. One foot in height for each forty feet in horizontal distance, beginning at a point two hundred feet from and at the centerline elevation of the end of Runways 18R and 6-24 and extending to a point ten thousand two hundred feet from the end of the runway;

3. Transition Zones. One foot in height for each seven feet in horizontal distance, beginning at a point five hundred feet normal to and at the elevation of the centerline of the runways, extending two hundred feet beyond each end thereof, extending to a height of one hundred fifty feet above the airport elevation which is thirty-three feet above mean sea level. In addition to the foregoing, there are established height limits of one foot vertical height for each seven feet horizontal distance, measured from the edges of all approach zones for the entire length of the approach zones and extending upward and outward to the points where they intersect the horizontal or conical surfaces. Further, where the precision instrument approach zone projects through and beyond the conical zone, a height limit of one foot for each seven feet of horizonal distance shall be maintained beginning at the edge of the precision instrument approach zone and extending a distance of five thousand feet from the edge of the instrument approach zone, measured normal to the centerline of the runway extended;

4. Horizontal Zone. One hundred fifty feet above the airport elevation, being the height of one hundred eighty-three feet above mean sea level;

5. Conical Zone. One foot in height for each twenty feet of horizontal distance beginning at the periphery of the horizontal zone, extending to a height of three hundred fifty feet above the airport elevation.

B. Excepted Height Limitations. Notwithstanding any other provisions hereof, nothing in Division I of this title shall be construed as prohibiting the growth, construction or maintenance of any tree or structure less than thirty-five feet above the surface of the land within any zone herein described.

C. Conflicting Height Limitations. Where an area is covered by more than one height limitation, the more restrictive limitations shall prevail.

(Prior code § 8940)

The regulations prescribed by Division I of this title 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 Division I of this title, 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 September 21, 1972, and is thereafter diligently prosecuted.

(Prior code § 8954 (a))

Notwithstanding the provision of Section 11.20.020, the owner of any nonconforming structure or tree is hereby 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 conditions. Such markers and lights shall be installed, operated and maintained at the expense of the county.

(Prior code § 8954 (b))

Notwithstanding any other provisions of Division I of this title, no use may be made of land within the airport safety zone as established by this division in such manner as to create electrical interference with radio communication between the aircraft and airport, nor which would make it difficult for flyers to distinguish between airport lights and others, nor which would result in glare in the eyes of flyers using the airport, nor which would impair visibility in the vicinity of the airport, nor otherwise endanger the landing, taking off or maneuvering of aircraft.

(Prior code § 8941)

Before any existing use, structure or tree more than thirty-five feet above the natural terrain may be replaced, substantially altered or repaired, rebuilt, allowed to grow higher, moved to another location or replanted within the airport safety zone, a use permit must be secured authorizing such replacement, change, repair, rebuilding or move. No permit shall be granted that would allow the establishment or creation of a flight hazard, or allow an existing flight hazard to become greater.

(Prior code § 8950 (a))

No structure or tree more than thirty-five feet above the natural terrain shall be erected, altered, planted, allowed to grow to a greater height, or otherwise established in the airport safety zone, unless a permit therefor shall have been applied for and granted.

(Prior code § 8950 (b))

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 Division I of this title, may apply to the county planning, building and environmental services department 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 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 division.

(Prior code § 8951)

(Ord. No. 1379, § 50, 1-29-2013)

Any use permit or variance granted may, if such action is deemed advisable to effectuate the purpose of this chapter and reasonable in the circumstances, be so conditioned as to require the owner of the structure in question to install, operate and maintain thereon such markers and lights as may be necessary to indicate to flyers the presence of such structure.

(Prior code § 8952)

The procedure for hearings and action shall be as set forth in Title 18 of this code, zoning.

(Prior code § 8953)