San Benito County Municipal Code Ch. 19.03 Airport Zoning

Section

Cross-reference:

Airport lighting, see § 19.31.010 of this code

Planning Commission, see §§ 3.05.050 and 3.05.051 of this code

Zoning generally, see Title 25 of this code

Statutory reference:

Authority of county relative to airports generally, see Cal. Gov’t Code §§ 26020 to 26028

Authority of county to adopt and enforce airport

zoning regulations, see Cal. Gov’t Code § 50485.3

Airport approaches zoning law generally, see Cal. Gov’t Code §§ 50485 to 50485.14

For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section.

AIRPORT. The Hollister Municipal Airport.

AIRPORT HAZARD. Any structure or tree or use of land which obstructs the airspace required for the flight of aircraft in landing or taking-off at the airport or is otherwise hazardous to the landing or taking-off of aircraft.

CITY or COUNTY. Any city, county or city and county.

LANDING AREA. The area of the airport used for the landing, taking-off or taxiing of aircraft.

NON-CONFORMING USE. Any structure, tree or use of land which does not conform to a regulation prescribed in this chapter as of the effective date of the regulation.

STRUCTURE. Any object constructed or installed by man, including but not limited to buildings, towers, smokestacks and overhead lines.

TREE. Any object of natural growth.

(1966 Code, § 3-1) (Ord. 231, § 3)

The purpose of this chapter is to promote the health, safety and general welfare of the inhabitants of the county by preventing the creation or establishment of airport hazards, thereby protecting the lives and property of the users of the Hollister Municipal Airport and of the occupants of the land in its vicinity and preventing destruction and impairment of the utility of the airport and the public investment therein.

(1966 Code, § 3-2) (Ord. 231, § 1)

In order to carry out the purposes of this chapter all of the land within the boundaries of the Hollister Municipal Airport and within two miles of the landing area of the airport is hereby divided into inner turning zones, outer turning zones, transition zones and runway approach zones.

(1966 Code, § 3-3) (Ord. 231, § 4)

(A) The boundaries of the zones provided for in § 19.03.003 shall be as set forth in the Hollister Municipal Airport Zoning Map, approved by the California Aeronautics Commission on November 23, 1962. A copy of the map shall be on file in the office of the County Clerk. The map shall be available for examination at all times that the office is open for business.

(B) The Hollister Municipal Airport Zoning Map is the official map for the zoning purposes of this chapter and the same is hereby made a part of this chapter, subject to amendments thereof made pursuant to law from time to time. The amendments shall be entered on the official map and the same shall be maintained up to date at all times.

(1966 Code, § 3-4) (Ord. 231, §§ 4, 5)

The county’s Planning Commission is hereby designated the administrator charged with the duty of administering and enforcing the regulations of this chapter. The duties of the Planning Commission shall include that of reviewing and deciding all applications for permits and variances under this chapter.

(1966 Code, § 3-5) (Ord. 231, § 8)

(A) Except as otherwise provided in this chapter, no structure shall be erected, altered or maintained in any airport approach zone, transition zone or turning zone to a height in excess of the height limit established in this section for each zone. For the purpose of determining these height limits, the U.S. Coast and Geodetic survey has established the official elevation reference to be 234 feet and all height limits will begin at the elevation.

(B) For the purpose of this regulation, the following height limits are hereby established for each of the zones in question:

(1) Inner turning zone: 150 feet.

(2) Outer turning zone: 150 feet at the inner perimeter and increasing in height at the ratio of 20 to one to the outer perimeter.

(3) Runway approach zones, northwest-southeast (12-30), as designated on the Hollister Municipal Zoning Map, shall not exceed a height greater than permitted by a 50 to one glideslope and in no event to exceed 150 feet.

(4) Runway approach zones, northeast-southwest (5-23), as designated on the Hollister Municipal Airport Zoning Map shall not exceed a height greater than permitted by a 20 to one glideslope and in no event to exceed 150 feet.

(5) Transition zones: the height to be determined within the boundaries of the transition zone by reference to the Hollister Municipal Airport Zoning Map at a ratio of seven to one commencing at the boundary of the landing area.

(1966 Code, § 3-6) (Ord. 231, § 5)

No use may be made of land within any airport approach zone, airport turning zone or airport transition zone in such a manner as to create 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, taking-off or maneuvering of aircraft.

(1966 Code, § 3-7) (Ord. 231, § 6)

The regulations prescribed in this chapter shall not be construed to require the removal, lowering or other change or alteration of any structure or tree not conforming to such regulations as of December 17, 1962, or otherwise interfere with the continuance of any non-conforming use. Nothing 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 December 17, 1962, and is diligently prosecuted and completed within a reasonable time thereof.

(1966 Code, § 3-8) (Ord. 231, § 7)

Before any non-conforming 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. No permit shall be granted that would allow the establishment or creation of an airport hazard or permit a non-conforming structure or tree or non-conforming use to be made or become higher or become a greater hazard to air navigation than it was on December 17, 1962, or than it is when the application for a permit is made. Except as provided in this chapter, all applications for permits shall be granted. No 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.

(1966 Code, § 3-9) (Ord. 231, § 9)

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 in violation of airport zoning regulations adopted under this chapter, may apply to the Planning Commission for a variance from the zoning regulations in question. The variances 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 chapter; provided, that any variance may be allowed subject to any reasonable conditions that the Planning Commission may deem necessary to effectuate the purpose of the chapter.

(1966 Code, § 3-10) (Ord. 231, § 10)

(A) Violation of chapter; public nuisance. In the event any person shall erect, construct, move, alter or attempt to erect any structure or allow any tree to exceed a height in violation of the provisions of this chapter, the same is a public nuisance, and it shall be abated, eliminated and enjoined as provided in Chapter 1.03 of this code.

(B) Violation of chapter; criminal. Any violation of this chapter is unlawful and a public nuisance and shall be abated, eliminated and enjoined as provided in Chapter 1.03 of this code.

(C) Remedies cumulative. Except as otherwise provided by law, the remedies provided in this chapter are cumulative and not exclusive. Nothing in this chapter is intended, or shall be deemed or construed, to limit or impair the ability of the county, or any of its officers, agents or employees, to take any administrative or judicial action, otherwise authorized by law, to abate any public nuisance. Chapter 1.03 of this code is hereby incorporated by reference as though its provisions were fully set forth herein.

(1966 Code, § 3-11) (Ord. 231, § 11; Ord. 570, § 6)

Where this chapter imposes a greater or more stringent restriction upon the use of land than is imposed or required by any other provision of this code or of any other ordinance or regulation, the provisions of this chapter shall govern.

(1966 Code, § 3-12) (Ord. 231, § 13)