Porterville Municipal Code § 500.09 Nonconforming Uses

As used herein, "airport" means the Porterville Municipal Airport. The airport environs (AE) overlay district is established to:

A. Protect land uses around the airport from potential hazards of airport operations;

B. Identify a range of uses compatible with airport accident hazard and airport noise exposure;

C. Prohibit the development of incompatible uses that are detrimental to the general health, safety and welfare and to existing and future airport operations;

D. Require noise attenuated construction within the airport environs; and

E. Comply with federal aviation administration (FAA) regulations. (Ord. 1801, 12-3-2013)

The standards and regulations of this article apply to all lands within the AE overlay district mapped on the official zoning map.

Regulations in the AE overlay district modify and supplement the underlying zoning district regulations. Within the AE overlay district, noise impact zones, airport safety zones, and airspace protection zones apply. Where a proposed use, building, or land is impacted by more than one zone, the use, building and/or land shall conform to the requirements of all applicable zones. Where zones impose conflicting requirements, the most restrictive of the requirements shall apply. (Ord. 1801, 12-3-2013)

Notwithstanding any other provisions of this article, no use may be made of land or water within the AE overlay district in such a manner that would:

A. Create a "hazard to air navigation" as determined by the FAA;

B. Result in glare in the eyes of pilots using the airport;

C. Make it difficult for pilots to distinguish between airport lights and others;

D. Impair visibility in the vicinity of the airport;

E. Create steam or other emissions that cause thermal plumes or other forms of unstable air;

F. Create electrical interference with navigation signals or radio communication between the airport and aircraft;

G. Create an increased attraction for wildlife. Of particular concern are landfills and certain recreational or agricultural uses that attract large flocks of birds which pose bird strike hazards to aircraft in flight; or

H. Otherwise in any way endanger or interfere with the landing, takeoff or maneuvering of aircraft intending to use the airport. (Ord. 1801, 12-3-2013)

Nothing in this article prohibits:

A. Construction of a single-family home, and a second unit, outside of safety zone 1, on a legal lot of record as of the date of adoption hereof if such use is permitted in the underlying zoning district.

B. Lot line adjustments provided that new developable parcels would not be created and the resulting intensity or density of the affected property would not exceed the applicable criteria indicated in section 500.06, table 500.06A of this article.

C. The construction of buildings, the development of facilities, and the establishment of uses other than residential uses in a permanent building or facility, within the "aviation" area as defined on the FAA's "approved conditionally" airport layout plan and which are determined "airport supporting" by the airport manager or city council. Crew quarters in a permanent building or facility may be allowed with conditional use permit approval.

D. Uses and facilities in place at the adoption of this chapter within the "aviation" area as defined on the FAA's "approved conditionally" airport layout plan. (Ord. 1801, 12-3-2013)

A. Noise Exposure; Compatibility Criteria: In regard to noise exposure levels, land uses are classified as being either "normally compatible", "conditional" or "incompatible" as defined below. All land uses are compatible at noise exposure less than CNEL fifty five (55) dB.

1. Normally compatible:

a. Indoor Uses: Either the activities associated with the land use are inherently noisy or standard construction methods will sufficiently attenuate exterior noise to an acceptable indoor community noise equivalent level (CNEL); for land use types that are compatible because of inherent noise levels, sound attenuation must be provided for associated office, retail, and other noise sensitive indoor spaces sufficient to reduce exterior noise to an interior maximum of CNEL fifty (50) dB.

b. Outdoor Uses: Except as noted in the table, activities associated with the land use may be carried out with minimal interference from aircraft noise.

2. Conditional:

a. Indoor Uses: Building structure must be capable of attenuating exterior noise to the indoor CNEL indicated by the number in the table cell.

b. Outdoor Uses: Caution shall be exercised with regard to noise sensitive outdoor uses; these uses are likely to be disrupted by aircraft noise events; acceptability is dependent upon characteristics of the specific use. Noise sensitive land uses are ones for which the associated primary activities, whether indoor or outdoor, are susceptible to disruption by loud noise events. The most common types of noise sensitive land uses include, but are not limited to, the following: residential, hospitals, nursing facilities, intermediate care facilities, educational facilities, libraries, museums, places of worship, childcare facilities, and certain types of passive recreational parks and open space.

3. Incompatible:

a. Indoor Uses: Unacceptable noise interference if windows are open; at exposures above CNEL sixty five (65) dB, extensive mitigation techniques required to make the indoor environment acceptable for performance of activities associated with the land use.

b. Outdoor Uses: Severe noise interference makes the outdoor environment unacceptable for performance of activities associated with the land use.

B. Noise Exposure; Land Use Compatibility: Table 500.05B of this section describes the compatibility of various land uses within the noise impact zones as shown in section 500.10, map 500-1, "Airport Impact Map: Future Noise", of this article. Land uses not specifically listed in table 500.05B of this section shall be evaluated by the zoning administrator based on the criteria for the most similar comparable use.

The "conditional criteria" column lists the criteria to be met by uses listed as "conditional". The note numbers refer to criteria listed at the end of the table.

When a proposed building lies within multiple CNEL range zones (e.g., partly in 60 to 65 dB and partly in 65 to 70 dB), the higher range zone applies for the purposes of determining sound attenuation requirements unless less than twenty five percent (25%) of the building floor area is within that zone. In such case, the lower range zone may be used.

TABLE 500.05B: LAND USE COMPATIBILITY BY NOISE EXPOSURE LEVEL

Notes:

• Conditional Criteria:

• 1. Compatible at levels indicated, but noise disruption of natural quiet will occur.
• 2. Exercise caution with uses involving noise sensitive animals.
• 3. Exercise caution if clear audibility by users is essential.
• 4. Compatible at levels indicated, but noise disruption of outdoor activities will occur.
• 5. Only on existing residential parcels; no subdivisions are allowed.

6. Applies only to classrooms; offices, laboratory facilities, gymnasiums, outdoor athletic facilities, and other uses to be evaluated as indicated for those land use categories.

C. Single Event Noise Levels: Single event noise levels shall be considered when evaluating the compatibility of highly noise sensitive land uses such as residences, schools, libraries, and outdoor theaters. Susceptibility to speech interference and sleep disturbance are among the factors that make certain land uses noise sensitive. Single event noise levels are especially important in areas that are regularly overflown by aircraft, but that do not produce significant CNEL contours (helicopter overflight areas are a particular example). Flight patterns for Porterville Municipal Airport shall be considered in the review process. Acoustical studies or on site noise measurements may be required to assist in determining the compatibility of sensitive uses.

D. Maximum Acceptable Interior Noise Levels: Land uses for which interior activities may be easily disrupted by noise shall comply with the following maximum, aircraft related, interior noise level criteria:

1. CNEL forty (40) dB in any habitable room of single- or multi- family residences.

2. CNEL forty five (45) dB for: hotels, motels, and other lodging; hospitals and nursing homes; places of worship, meeting halls, theaters, and mortuaries; and schools, libraries, and museums.

3. CNEL fifty (50) dB in offices and office areas of industrial facilities.

E. Residential Interior Noise Level Reduction: New dwellings exposed to CNEL above sixty (60) dB shall incorporate the following noise reduction design measures unless alternative designs that achieve and maintain an interior noise level of CNEL forty (40) dB are incorporated and verified by a board certified acoustical engineer:

1. All facades must be constructed with substantial weight and insulation;

2. Sound rated windows providing noise reduction performance similar to that of the facade must be included for habitable rooms;

3. Sound rated doors or storm doors providing noise reduction performance similar to that of the facade must be included for all exterior entries;

4. Acoustic baffling of vents is required for chimneys, fans, and gable ends;

5. Installation of a mechanical ventilation system affording comfort under closed window conditions; and

6. Double stud construction, double doors, and heavy roofs with ceilings of two (2) layers of gypsum board on resilient channels. (Ord. 1801, 12-3-2013)

A. Development Standards: Table 500.06A of this section describes the development standards for all development within the airport safety zones as shown in section 500.10, map 500-2, "Airport Impact Map: Safety", of this article. Additional standards follow the table.

TABLE 500.06A: DEVELOPMENT STANDARDS -AIRPORT SAFETY ZONES

1. Intensity Calculation:

a. Nonresidential Development: Usage intensity calculations shall include all people (e.g., employees, customers/visitors) who may be on the property at any single point in time, whether indoors or outdoors. The city may make exceptions for rare special events (e.g., an airshow at the airport) for which a facility is not designed and normally not used and for which extra safety precautions can be taken as appropriate.

b. Residential Development:

(1) The maximum allowable residential densities are intended to include density bonuses and any other bonuses or allowances that the city may provide for affordable housing developed in accordance with the provisions of state and/or local law or regulation. The overall density of a development project, including any bonuses or allowances, must comply with the allowable density criteria in table 500.06A of this section.

(2) Second units are excluded from density calculations.

c. Mixed Use Development:

(1) Where the residential and nonresidential uses are proposed to be situated on separate parts of the project site, the project shall be evaluated as separate developments. The residential density shall be calculated with respect to the area(s) to be devoted to residential development and the nonresidential intensity calculated with respect to the area(s) proposed for nonresidential uses.

(2) Development in which residential uses are proposed to be located in conjunction with nonresidential uses in the same or nearby buildings on the same site must meet both residential density and nonresidential intensity criteria. The number of dwelling units shall not exceed the density limits indicated in table 500.06A of this section. Additionally, the normal occupancy of the residential portion shall be added to that of the nonresidential portion and the total occupancy shall be evaluated with respect to the nonresidential usage intensity criteria cited in table 500.06A of this section.

B. Airport Safety; Compatibility Criteria: In regard to airport safety, land uses are classified as being either "normally compatible", "conditional" or "incompatible" as defined below.

1. Normally compatible: Normal examples of the use are compatible under the presumption that usage intensity and maximum lot coverage criteria in table 500.06A of this section will be met. Atypical examples may require review to ensure compliance with usage intensity and lot coverage criteria. Noise, airspace protection, and/or overflight limitations may apply.

2. Conditional: Use is compatible if indicated floor area ratio (FAR), lot coverage, and other listed conditions are met.

3. Incompatible: Use shall not be permitted under any circumstances.

C. Airport Safety; Land Use Compatibility: Table 500.06C of this section describes the compatibility of various land uses within the airport safety zones as shown in section 500.10, map 500-2, "Airport Impact Map: Safety", of this article. Land uses are classified as being either "normally compatible", "conditional" or "incompatible".

Land uses not specifically listed in table 500.06C of this section shall be evaluated by the zoning administrator based on the criteria for the most similar comparable use.

Numbers in table cells refer to the maximum allowable FAR.

Notes in table cells refer to criteria to be met by uses listed as "conditional". The note numbers refer to criteria listed at the end of the table.

TABLE 500.06C: LAND USE COMPATIBILITY - AIRPORT SAFETY ZONES

Notes:

Conditional Criteria:

1. Objects above runway elevation not allowed in object free area (OFA), the dimensions of which are established by FAA airport design standards for the runway.

• 2. Not allowed in OFA.
• 3. Allowed only if site outside safety zone would not serve intended function.
• 4. Not allowed within 1,000 feet of runway centerline.
• 5. Allowed only if intensity criteria listed in table 500.06A of this section are met.
• 6. Accessory buildings only. Dwelling must be located outside of safety zone.

7. No new sites or land acquisition. Building replacement and expansion allowed for existing facilities. School expansion is limited to 50 students.

8. Also subject to limitations of individual components of campus facilities (e.g., assembly facilities, offices, gymnasiums).

9. Building capacity limited to 1,000 people.

10. Eating and drinking establishments that make up 10 percent or more of the total floor area shall be evaluated separately.

11. Design site to locate buildings outside of safety zone whenever possible. Parking areas may be located within safety zone.

12. No fuel tanks within 1,000 feet of runway centerline.

13. Avoid bulk storage of hazardous materials. Permitting agencies to evaluate possible need for special measures to minimize hazards if struck by aircraft.

14. Peaker plants only. Primary plants not allowed.

(Ord. 1801, 12-3-2013)

A. Height Limitations: The criteria for determining the acceptability of a project with respect to height shall be based upon the standards set forth in federal aviation regulations (FAR) part 77, subpart C, objects affecting navigable airspace. Additionally, where an FAA aeronautical study of a proposed object is required in accordance with FAR part 77, subpart C, the results of that study shall be taken into account by the city.

1. Maximum Height:

a. Except as provided below, no object, including a mobile or temporary object such as construction crane, shall have a height that would result in penetration of any obstruction surface depicted for Porterville Municipal Airport in section 500.10, map 500-4, "Airport Impact Map: Airspace Protection", of this article.

b. Within the primary surface and beneath the approach or transitional surfaces, objects shall be limited in height consistent with the airspace protection surfaces defined by FAR part 77.

2. Exception: Outside the primary surface and the approach or transitional surfaces, no object shall be limited to a height of less than thirty five feet (35') above the ground even if the object would penetrate an FAR part 77 surface and thus constitute an obstruction.

B. FAA Notification: Any person proposing construction or alteration within the AE overlay district shall submit notification of the proposal to the FAA if such construction or alteration exceeds any of the following height standards:

1. Two hundred feet (200') above ground level.

2. The plane of an imaginary surface extending outward and upward at a slope of one hundred to one (100:1) for a distance of twenty thousand feet (20,000') from the nearest point of any runway. (Ord. 1801, 12-3-2013)

A. Avigation Easement Dedication: An avigation easement shall be dedicated to the city of Porterville for the following development:

1. Any residential development within the CNEL fifty five (55) dB contour shown in section 500.10, map 500-1, "Airport Impact Map: Future Noise", of this article.

2. Any residential or nonresidential development within safety zones 1 through 5 as shown in section 500.10, map 500-2, "Airport Impact Map: Safety", of this article.

3. Any residential or nonresidential development within an area beneath a transitional surface or the inner ten thousand feet (10,000') of an approach surface.

B. Overflight Notification: If no avigation easement is otherwise provided, residential development within the primary or secondary overflight area indicated in section 500.10, map 500-3, "Airport Impact Map: Overflight", of this article, an overflight notification consistent with the following standards shall be recorded:

1. The notification shall contain the following language dictated by state law with regard to real estate transfer disclosure:

NOTICE OF AIRPORT IN VICINITY: This property is presently located in the vicinity of an airport, within what is known as an airport influence area. For that reason, the property may be subject to some of the annoyances or inconveniences associated with proximity to airport operations (for example: noise, vibration, or odors). Individual sensitivities to those annoyances can vary from person to person. You may wish to consider what airport annoyances, if any, are associated with the property before you complete your purchase and determine whether they are acceptable to you.

2. The notification shall be made evident to prospective purchasers of the property and shall appear on the property deed. (Ord. 1801, 12-3-2013)

Lawful nonconforming structures may be continued and maintained without being required to conform to the requirements of this article in accordance with the following:

A. Residential Single-Family: A nonconforming single-family dwelling may be maintained, remodeled, reconstructed, or expanded in size as long as there is no increase in the number of dwelling units. Secondary dwelling units may be constructed. The lot line of an existing single-family residential parcel may be adjusted as long as it does not result in an increase of allowable density.

B. Residential Multi-Family: Nonconforming multi-family residential dwellings may be maintained, remodeled, or reconstructed. The size of individual dwelling units may be increased, but additional dwelling units may not be added. Sound attenuation and avigation easement dedication requirements established by this article shall apply.

C. Nonresidential: Nonconforming nonresidential facilities may be maintained, altered, or reconstructed. However, any such work must not result in expansion of either the portion of the site devoted to the nonconforming use or the floor area of the buildings and must not result in an increase in the usage intensity (the number of people per acre) above the levels existing at the time of adoption of this chapter. Sound attenuation and avigation easement dedication requirements established by this article shall apply. (Ord. 1801, 12-3-2013)

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(Ord. 1801, 12-3-2013)