Article II — AIRPORT APPROACH ZONING

Pursuant to the authority conferred by Government Code section 50485 et seq. and Standards of the Federal Aviation Agency, the city council deems it necessary to create an "airport zoning ordinance" for the purpose of promoting health, safety and general welfare of the inhabitants of the city by preventing the creation or establishment of airport hazards, thereby protecting the lives and property of the users of public airports and of the occupants of the land and its vicinity and preventing destruction and impairment of the utility of the airport and public investment therein.

(Ord. No. 89-24, § 2, 11-15-89)

This article shall be known and may be cited as the "Airport Zoning Ordinance of the City of Oceanside."

(Ord. No. 89-24, § 2, 11-15-89)

As used in this article, unless the context otherwise requires:

Airport means any airport publicly owned or operated or open to the public and so located that its exterior boundaries or any area within two (2) miles thereof lie wholly or partly in the incorporated parts of Oceanside.

Airport hazard means any structure or tree or use of land which obstructs the air space required for the flight of aircraft in landing or taking off at the airport or otherwise hazardous to such landing or taking off of aircraft.

City manager shall mean the city manager and his or her designated representatives.

Landing area means the area of the airport used for landing, take off or taxiing of aircraft.

Nonconforming use means any structure, tree or use of land which does not conform to a regulation prescribed in this article or an amendment thereto, as of the effective date of such regulations.

Person means any individual, firm, partnership, joint venture, corporation, company, association, joint stock association, or body political, and includes any trustee, receiver, assignee, or similar representative thereof.

Planning commission means the planning commission of the city.

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

Tree means any object of natural growth.

(Ord. No. 89-24, § 2, 11-15-89)

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

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 therefor, in the vicinity of the landing area of the airport. Such airport zoning map shall be adopted in the same manner as this article, 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. 89-24, § 2, 11-15-89)

Airport zoning maps shall be numbered in the order of their adoption, as sections of this article.

(Ord. No. 89-24, § 2, 11-15-89)

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

(Ord. No. 89-24, § 2, 11-15-89)

Notwithstanding any other provisions of this article, no use may be made of land within any airport approach zones, airport transition zones, horizontal and conical surfaces, in such a manner as to create harmful electrical interference with radio communication 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. 89-24, § 2, 11-15-89)

The regulations prescribed in sections 3B.85 and 3B.86 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 December 8, 1967, 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 December 8, 1967, and was diligently prosecuted and completed by December 8, 1969.

Before any nonconforming structure or tree may be replaced, substantially altered or repaired, rebuilt, allowed to grow higher or replanted, a permit shall be secured from the planning commission authorizing such replacement, change or repair. No permit shall be granted that would allow the establishment or creation of any 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 December 8, 1967, or than it was when the application for which such permit is made. Except as provided herein, all applications or permits shall be granted. 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. No. 89-24, § 2, 11-15-89)

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 or her property other than as required in this article or in excess of standards prescribed in section 3B.84, may apply to the planning commission for a variance from the regulation in question. Such variance shall be allowed where 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 do substantial justice and be in accordance with the spirit of the regulations and this article; provided that any variance may be allowed, subject to any reasonable conditions that the planning commission may deem necessary to effectuate the purpose of this article.

(Ord. No. 89-24, § 2, 11-15-89)

Any permit or variance granted under section 3B.88 or 3B.89 may, if such action is deemed advisable to effectuate the purpose of this article and reasonable in the circumstances, be so conditioned as to require the owner of the structure or tree in question, at the owner's 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. 89-24, § 2, 11-15-89)

The city manager is hereby designated the administrator charged with the duty of administrating and enforcing the regulations herein described. The duties of the city manager shall include that of reviewing all

applications for building permits within approach zones, transition zones, horizontal and conical surfaces of the Oceanside Municipal Airport, but the city manager shall not have or exercise any powers or duties delegated to the city planning commission.

(Ord. No. 89-24, § 2, 11-15-89)

In the event of conflict between this article and any other regulations applicable to this same area or parcel of land, whether the conflict be with respect to the height of structures or trees, the use of land or any other matter, and whether such other regulations were adopted by the city or some other public agency, the more stringent limitations or requirements shall govern and prevail.

(Ord. No. 89-24, § 2, 11-15-89)

In the event that any person shall erect, construct, move, alter, or attempt to erect, construct, move or alter any structure or allow any tree to grow to a height in violation of the provisions of this article, the same is hereby declared a public nuisance. Such a public nuisance may be abated pursuant to the provisions of Chapter 17A of the Oceanside City Code and/or the city attorney may be directed by the city council to bring and prosecute an action in any court of competent jurisdiction to enjoin any such person causing a public nuisance from continuing such erection, construction, moving, alteration or growth.

(Ord. No. 89-24, § 2, 11-15-89)

Any person violating any provision of this article shall be guilty of a misdemeanor, punishable pursuant to section 1.7(a)(3) of the Oceanside City Code. Such person shall be deemed guilty of a separate offense for each and every day during any portion of which any violation of this article is committed, continued or permitted by such person, and shall be punishable as herein provided.

(Ord. No. 89-24, § 2, 11-15-89)

All remedies set forth in this article shall be cumulative and nonexclusive.

(Ord. No. 89-24, § 2, 11-15-89)