Shasta County Municipal Code Art. II Fall River Mills and Shingletown Airports

A. The ordinance codified in this article is adopted pursuant to the authority conferred by the California State Airport Approaches Zoning Law. It is found that an airport hazard endangers the lives and property of users of the Fall River Mills and Shingletown airports, and property or occupants of land in their vicinity, and also, if of the obstruction type, in effect reduces the size of the area available for the landing, takeoff and maneuvering of aircraft, thus tending to destroy or impair the utility of the Fall River Mills and Shingletown Airports and the public investment therein. Accordingly, it is declared that:

1. The creation or establishment of an airport hazard is a public nuisance and an injury to the region served by the Fall River Mills and Shingletown Airports;

2. It is necessary in the interest of the public health, public safety and general welfare that the creation or establishment of airport hazards be prevented; and

3. The prevention of these hazards should be accomplished, to the extent legally possible, by the exercise of the police power without compensation.

B. It is further declared that both the prevention of the creation or establishment of airport hazards and the elimination, removal, alteration, mitigation or marking and lighting of existing airport hazards are public purposes for which a political subdivision may raise and expend public funds and acquire land or interests in land.

(Prior code § 5.04.100 (A))

As used in this article, the words or terms listed shall mean the following, unless the context otherwise requires:

"Airport" means the Fall River Mills Airport and Shingletown Airport.

"Airport hazard" means any structure, 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 such landing or taking off of aircraft.

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

"Person" means any individual, firm, copartnership, corporation, company, association, joint association or body politic, and includes any trustee, receiver, assignee or other similar representative thereof.

"Pilot" means an individual solely responsible for the control and operation of an aircraft.

"Planning commission" means the planning commission of the county.

"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.

(Prior code § 5.04.100 (B))

In order to carry out the provisions of this article, certain zones have been created and established 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 Fall River Mills airport zoning map, exhibit "A" and Shingletown airport zoning map, exhibit "B," consisting of two sheets, respectively, prepared by the county department of public works, and dated May 26, 1977, which are available in the department of community development and made a part of this article. An area located in more than one of the following zones is considered to be only in the zone with the more restrictive height limitation.

(Prior code § 5.04.100 (C))

A. 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 or horizontal and conical surfaces to a height in excess of the height limit specified for such zone as delineated upon the airport zoning map.

B. Nothing in this article shall be construed as prohibiting the growth, construction or maintenance of any tree or structure to a height up to fifty feet above the surface of the land, commencing at a distance of not less than two thousand feet from the end of any runway of the airport.

(Prior code § 5.04.100 (D))

Sections 17.82.050 through 17.82.080 governing use, nonconforming uses, permits, enforcement, appeals, penalties and conflicting regulations shall apply to this article and are incorporated by reference.

(Prior code § 5.04.100 (E))