Title 10 — PLANNING AND ZONING

CHAPTER 1. - AIRPORT ENVIRONS COMBINING DISTRICT ZONING*

• Chapter 1 entitled "Airport Zoning", consisting of Sections 10-1.01 through 10-1.12, codified from Ordinance No. 357, and Section 10-1.13 as added by Ordinance No. 645, effective June 12, 1975, repealed by Ordinance No. 33, effective June 5, 1983, repealed by Section I, Ordinance No. 02-13, and Sections 101.01 through 10-1.15, "Airport Environs Combining District Zoning Ordinance" adopted by Section II, Ordinance No. 02-13, effective July 9, 2002.

The ordinance codified in this chapter shall be known and may be cited as the "Airport Environs Combining District Zoning Ordinance." The district may be referred to as the Airport Environs (AE) combining zone.

(§ II, Ord. 02-13, eff. July 9, 2002)

Sec. 10-1.02. - Purpose and intent.

(a)

Purpose. The Airport Environs Combining District Zoning Ordinance has two fundamental purposes: 1) to protect public-use airports in Siskiyou County from potential encroachment by land uses which are incompatible with airport activities and which may impair the future development and use of the airports, and 2) to minimize the public's exposure to excessive noise and safety hazards which would result from incompatible land use development within areas around airports.

(b)

Intent. The intent of this chapter is to regulate land use development within the vicinity of airports in Siskiyou County so as to minimize compatibility conflicts with current and future airport activities. Furthermore, in accordance with requirements of state law (Government Code Section 65302.3), this chapter is also intended to fulfill the County's obligations to implement the airport land use compatibility policies adopted by the Siskiyou County Airport Land Use Commission.

(§ II, Ord. 02-13, eff. July 9, 2002)

Sec. 10-1.03. - Applicability.

(a)

Affected land use activities. This chapter applies to the following activities affecting land situated within the "influence area" (as defined herein) of any public-use airport in the County:

(1)

Proposed changes to the Siskiyou County General Plan.

(2)

Proposed rezoning of any parcel of land.

(3)

Proposed land divisions.

(4)

Proposed new construction.

(5)

Changes to the existing uses of land or structures to the extent that such changes require Planning Department issuance or modification of a use permit, administrative permit, or any other entitlement approval.

(6)

Any structure or tree, including ones in existence prior to the effective date of the ordinance codified in this chapter, the height of which would conflict with the standards set forth herein.

(b)

Tall structures and trees. This chapter also applies to any proposal for construction or alteration of a structure (including antennas, poles, or towers) or growing of trees taller than 200 feet above ground level at the site, regardless of the site's location within Siskiyou County.

(c)

Uses not affected. Except with respect to height limitation requirements on structures and trees, this chapter does not apply to:

(1)

Existing development (as of the effective date of the ordinance codified in this chapter) for which no expansion or changes of use are proposed even if the existing uses are not in conformance with the standards herein.

(2)

Construction, other than in Compatibility Zone A, of a single-family home on a legal lot of record as of the effective date of the ordinance codified in this chapter if such use is permitted by local land use regulations.

(3)

Aviation-related development or use of airport property.

(4)

The manner in which aircraft operate on an airport or in the surrounding airspace.

(§ II, Ord. 02-13, eff. July 9, 2002)

Sec. 10-1.04. - Definitions.

The following definitions apply for the purposes of this chapter:

"Aeronautics Act," except as indicated otherwise, means the article of the California Public Utilities Code (Section 21570 et seq.) pertaining to airport land use commissions.

"Airport" means the Butte Valley Airport, Dunsmuir Municipal-Mott Airport, Happy Camp Airport, Montague-Yreka Rohrer Field, Scott Valley Airport, Siskiyou County Airport, Weed Airport, or any other future public-use airport which might be created within the boundaries of Siskiyou County.

"Airport influence area" means an area, as delineated herein, which is routinely affected by aircraft operations at an airport. The airport influence areas constitute the locations within which the primary provisions of this chapter apply. Additionally, certain land use actions affecting property within the boundaries of an airport influence area are also subject to review by the Siskiyou County Airport Land Use Commission in accordance with requirements of the State Aeronautics Act and the policies of the Commission.

"Airport Land Use Commission (ALUC)" means the Siskiyou County Airport Land Use Commission.

"Aviation-related use" means any facility or activity directly associated with the operation, storage, or maintenance of aircraft at an airport or heliport. Such uses specifically include runways, taxiways, helipads, and their associated protected areas defined by the Federal Aviation Administration, together with aircraft aprons, hangars, fixed base operations, terminal buildings, etc.

"Avigation easement" means an easement which conveys rights associated with aircraft overflight of a property, usually including the right to create noise, the right to limit the height of structures and trees, etc. (see Section 10-1.10(c)).

"Community noise equivalent level (CNEL)" means the noise metric adopted by the State of California for evaluating airport noise impacts. The noise impacts are typically depicted by a set of contours, each of which represents points having the same CNEL value.

"Compatibility Plan" means the Siskiyou County Airport Land Case Compatibility Plan adopted by the Siskiyou County Airport Land Use Commission.

"Compatibility zone" means any of the zones set forth herein for the purposes of assessing land use compatibility within the airport influence area.

"Deed notice" means a notice, recorded with the deed to a property, indicating that the property is subject to overflight by aircraft approaching, departing, or maneuvering in the vicinity of a nearby airport (see Section 10-1.10(d)).

"Existing land use" means a land use which either physically exists or for which entitlements have been granted by an agency.

"Federal Aviation Regulations (FAR) Part 77" means the part of Federal Aviation Regulations which deals with objects affecting navigable airspace in the vicinity of airports. Objects which exceed the Part 77 height limits constitute airspace obstructions (Section 10-1.08).

"Heliport" means a helicopter landing facility for which a Heliport Permit is required from the California Department of Transportation. Public-use and special-use heliports (including those at hospitals) are included within this definition, but helipads located on an airport are excluded.

"Infill" means development of vacant or underutilized land within areas which are already largely developed or are used more intensively. See Section 10-1.12(b) for criteria used to identify infill areas for the purposes of the Compatibility Plan.

"Nonconforming use" means, in general, a land use, parcel, or building which does not comply with a current land use plan or zoning ordinance, but which was legally permitted at the time of establishment of the land use, parcel, or structure. For the purposes of this chapter, a nonconforming use is one which exists (see definition of "existing land use") as of the effective date of the Compatibility Plan upon which the ordinance codified in this chapter is based, but which does not conform with the compatibility criteria set forth in the that plan and this chapter.

"Project; land use action; development proposal." Terms similar in meaning and all referring to the types of land use matters, either publicly or privately sponsored, which are subject to the provisions of this chapter.

"Residential density" means the number of dwelling units, including detached secondary units, on a specific parcel, site, or land use development divided by the gross acreage of the parcel, site, or development.

"Structure" means an object, including a mobile object, constructed or installed by man, including, but without limitation, buildings, antennas, towers, cranes, smokestacks, earth formation, and overhead transmission lines.

"Tree." As used herein, "tree" means any form of vegetation.

"Usage intensity" means the number of people occupying a specific parcel, site, or land use development divided by the total acreage of the parcel, site, or development. Usage intensity criteria are applicable to all types of land uses except residential.

(§ II, Ord. 02-13, eff. July 9, 2002)

Sec. 10-1.05. - Compatibility zone maps.

(a)

Airport influence area and Compatibility Zone Maps. The boundary of each airport's influence area and the individual compatibility zones which comprise that influence area are depicted in Maps 1A though 1G which are part of this chapter.

(b)

Airspace Protection Plan Maps. Graphical depiction of the height limit criteria (Sec. 10-1.08) applicable within the environs of each airport is presented in Maps 2A through 2G.

(c)

Listing of maps:

(1)

Maps 1A and 2A: Butte Valley Airport.

(2)

Maps 1B and 2B: Dunsmuir Municipal-Mott Airport.

(3)

Maps 1C and 2C: Happy Camp Airport.

(4)

Maps 1D and 2D: Montague-Yreka Rohrer Field.

(5)

Maps 1E and 2E: Scott Valley Airport.

(6)

Maps 1F and 2F: Siskiyou County Airport.

(7)

Maps 1G and 2G: Weed Airport.

(§ II, Ord. 02-13, eff. July 9, 2002)

(a)

Criteria. Any subdivision of property for the purposes of residential development within an airport influence area shall comply with the following density criteria:

(1)

Compatibility Zone A: No new dwellings permitted.

(2)

Compatibility Zone B: No more than one dwelling unit per five (5.0) acres.

(3)

Compatibility Zone C1: No more than one dwelling unit per two and a half (2.5) acres.

(4)

Compatibility Zone C2: No more than five (5) dwelling units per one acre.

(5)

Compatibility Zone D: No airport-related limitations apply.

(b)

Parcels lying within two (2) or more compatibility zones. If a parcel proposed for development is split by a compatibility zone, the number of dwelling units permitted shall be determined by each zone located within the parcel. However, the development density allowed within the more restricted zone should be transferred to the less restricted zone. This type of transfer is encouraged, even if the resulting development in the less restrictive zone would exceed its allowable density. This transfer of development is also allowed with respect to multiple parcels proposed to be developed as a single project.

(c)

Development of existing lots. Except within Compatibility Zone A, a single-family dwelling may be built on any legal lot of record as of the effective date of the ordinance codified in this chapter even if the preceding density criteria would not be met.

(d)

Secondary units. Construction of a secondary dwelling unit shall not be permitted on any parcel if the resulting density would exceed the preceding criteria.

(§ II, Ord. 02-13, eff. July 9, 2002)

Sec. 10-1.07. - Nonresidential development—Usage intensity limitations.

(a)

Criteria. Any proposed nonresidential construction or use of land for which a zoning approval, use permit, building permit, or other county approval is required shall be subject to the following usage intensity limitations:

(1)

Compatibility Zone A: No more than ten (10) people per acre.

(2)

Compatibility Zone B: No more than twenty-five (25) people per acre.

(3)

Compatibility Zones C1 or C2: No more than seventy-five (75) people per acre.

(4)

Compatibility Zone D: No airport-related usage intensity limits apply.

(b)

Calculation. The maximum number of people permitted on a site shall be calculated based on the following factors:

(1)

Include all people who may be on the property (e.g., employees, customers, visitors, etc.).

(2)

Reflect the total number of people on the site at any time, except rare special events. Rare special events are ones (such as balloon fairs or an air show at an airport) for which a facility is not designed and normally not used and for which extra safety precautions can be taken as appropriate.

(3)

If a parcel proposed for nonresidential use is split by compatibility zone boundaries, the usage intensity shall be calculated as if the parcel was divided at the compatibility zone boundary line. The intensity of development allowed within the more restricted portion of the parcel is encouraged to be transferred to the less restricted portion. This transfer of development is also allowed with respect to multiple parcels proposed to be developed as a single project.

(c)

Specific land uses. For the purpose of providing a guideline, the number of people per acre associated with specific land uses can be estimated as follows, and the following land uses can generally be assumed to have average usage intensities as indicated. The following list is a typical cross section of land uses, and is not intended to be exhaustive.

No more than 10 people per acre:

Rangeland and pastures

Forests

Field crops and orchards

Two-lane roads

Over 10, but no more than 25 people per acre:

Automobile parking lots (not structures)

Cemeteries

Mini-storage facilities

Lumber storage yards Farm equipment sales

Over 25, but no more than 75 people per acre:

Parks; outdoor sports facilities (not spectator oriented)

Retail stores; small shopping centers (single-floor)

Offices (one or two floors)

Motels (one or two floors)

Light industrial or manufacturing uses

Over 75 people per acre:

Buildings with more than three floors

Major shopping centers

Movie theaters; convention halls

Sports stadiums

(d)

All other land uses. The usage intensity of all other uses highly depends upon the specifics of the proposed land use and its design. For uses not listed above, the anticipated number of people per acre can be calculated based on any of the following methods:

The number of automobile parking spaces required on the site: Unless a substantial number of people would arrive at the site by means other than automobile (or would park off site), the anticipated number of people on the site can be estimated to be at least equal to the number of automobile parking spaces required for the use. A higher number shall be assumed for uses which typically attract more than one person per vehicle.

Uniform Building Code (UBC) occupancy levels: The anticipated maximum number of people occupying indoor facilities on a site can be assumed to be no higher than the total floor area of the proposed use divided by the minimum square feet per occupant requirements listed in the UBC. Because the UBC criteria

represent highly intensive levels of usage, the number obtained through this calculation can normally be divided in half for the purposes of the usage intensity criteria in this section.

Documented survey or analysis results: A project applicant may provide evidence, such as surveys of existing uses similar to the type proposed, documenting that specific features of a proposal would result in a usage intensity lower than that assumed using the methods indicated above. Acceptance of such evidence shall be at the discretion of the permitting agency.

(§ II, Ord. 02-13, eff. July 9, 2002)

Sec. 10-1.08. - Height limitations.

(a)

Basis for height limits. Protection of navigable airspace from obstructions that can be hazards to aircraft flight requires establishment of limits on the height of structures, trees, and other objects in the vicinity of airports in the County. These limits are primarily based upon: Part 77, Subpart C, of the Federal Aviation Regulations (FAR), but also may take into account the United States Standard for Terminal Instrument Procedures (TERPS); and applicable airport design standards published by the Federal Aviation Administration.

(b)

Airspace protection surfaces. The critical airspace for each airport covered by this chapter is depicted in the Airspace Protection Plan Map for that airport (Maps 2A through 2G). The maps take into account any planned future improvements to an airport's runways or runway approaches. The critical airspace is defined by a set of five (5) types of surfaces as follows:

(1)

A primary surface that is longitudinally centered on each runway and extends 200 feet beyond each end of the runway (except that on an unpaved runway, the primary surface ends at the runway end). The width varies depending upon the existing or planned runway classification, approach type, and approach visibility minimums. The primary surface width for each runway at airports in Siskiyou County is as indicated in Table 1 and shown on the respective airport's Airspace Protection Map. The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway centerline.

(2)

Approach surfaces that are longitudinally centered on the extended runway centerline and extend outward and upward beginning at, and at the same elevation as, each end of a primary surface. Approach surface dimensions and slopes for each runway end are as indicated in Table 1 and shown on the respective airport's Airspace Protection Map.

(3)

Transitional surfaces that extend outward from the sides of each primary surface and each approach surface. These surfaces slope upward one foot vertically for each seven (7') feet horizontally (7:1), measured at a ninety (90) degree angle to the runway centerline and extended runway centerline, and

continue to where they intersect a horizontal or conical surface. For those portions of a precision approach surface which extend through or beyond the limits of the conical surface, the adjacent transitional surfaces extend a distance of 5,000 feet horizontally from the edge of the approach surface, measured at a ninety (90) degree angle to the extended runway centerline.

(4)

A horizontal surface that is established at an elevation of 150 feet above the highest point on an airport's runway or runways. The inner edge of the horizontal surface is defined by its intersection with transitional surfaces. The outer edge is defined by drawing arcs centered on the runway centerline at each end of the primary surface of each runway, then connecting the arcs with lines drawn tangent to them. The horizontal surface elevation and radii of the arcs for each runway are listed in Table 1.

(5)

A conical surface that extends outward for a distance of four thousand feet from the periphery of the horizontal surface and upward at a slope of one foot vertically for each twenty (20') feet horizontally (20:1).

(c)

Applicability. This section shall apply to all objects on the land within an airport influence area whether such objects be man-made structures or natural, such as trees and other types of vegetation.

(d)

Criteria. Except as indicated in Section 10-1.12(a), no object situated within an airport influence area shall be permitted to have a height in excess of the following:

(1)

Within Compatibility Zones A or B: The height of the airspace protection surface indicated on the Airspace Protection Plan Map (Maps 2A through 2G) for the respective airport.

(2)

Within Compatibility Zones C1 or C2 (except Terrain Penetration Area): Fifty (50') feet:

(3)

Within Compatibility Zone D (Terrain Penetration Area): 150 feet.

(4)

Within Terrain Penetration Area: Thirty-five (35') feet.

(e)

Roadways and rail lines. In the design or reconstruction of roadways and rail lines within an airport influence area, allowance shall be made for vehicles having an assumed height as follows:

(1)

Vehicles on interstate highways (seventeen (17') feet);

(2)

Vehicles on other public roads (fifteen (15') feet);

(3)

Vehicles on private roads or in parking lots (ten (10') feet);

(4)

Railroad trains (twenty-three (23') feet).

(f)

Obstruction marking and lighting. Obstruction marking and lighting in accordance with Federal Aviation Administration standards may be required for any structure or tree (including antennas and towers) which exceeds the criteria listed above or which, regardless of location within Siskiyou County, has a height taller than 200 feet above ground level at its site.

(§ II, Ord. 02-13, eff. July 9, 2002)

Sec. 10-1.09. - Prohibited uses.

Regardless of whether the use would meet the intensity criteria listed in Sec. 10-1.07, the following land uses shall be prohibited within the zones indicated:

(a)

Compatibility Zone A. All new structures except ones having an aeronautical function and a location set by Federal Aviation Administration standards; any assemblage of people, except during a rare special event (see definition in Section 10-1.07; and aboveground bulk storage of hazardous materials.

(b)

Compatibility Zone B. Children's schools (through grade twelve (12)); day care centers; libraries; hospitals; nursing homes; highly noise-sensitive uses (e.g., outdoor theaters); aboveground bulk storage of hazardous materials with the following exceptions: aviation fuel or other aviation-related flammable materials and/or up to 2,000 gallons of nonaviation flammable materials.

(c)

Compatibility Zone C1. Children's schools (through grade twelve (12)); day care centers; libraries; hospitals; nursing homes.

(d)

Compatibility Zone C2. None except as listed in next paragraph.

(e)

All Compatibility Zones. Objects having a height exceeding the limits indicated in Sec. 10-1.08 and hazards to flight as described below.

(f)

Hazards to flight. Land uses which may cause visual, electronic, or bird strike hazards to aircraft in flight shall not be permitted within the influence area of any airport. Specific characteristics to be avoided include:

(1)

Glare or distracting lights which could be mistaken for airport lights.

(2)

Sources of dust, steam, or smoke which may impair pilot visibility.

(3)

Sources of electrical interference with aircraft communications or navigation.

(4)

Any use, especially landfills and certain agricultural uses, which may attract an increased number of birds.

(§ II, Ord. 02-13, eff. July 9, 2002)

Sec. 10-1.10. - Other requirements.

(a)

Site design. In addition to the specific development restrictions set forth in the preceding sections, the following conditions shall be applied to the planning of a project site.

(1)

Within Compatibility Zone B, all structures shall be located as far as practical from the extended runway centerline unless suggested otherwise by the airport proprietor.

(2)

Within Compatibility Zone C2, children's schools, day care centers, libraries, hospitals, and nursing homes shall be located as far as practical from the extended runway centerline unless suggested otherwise by the airport manager.

(b)

Avigation easement dedication. As a condition for approval of new development requiring a discretionary approval within Compatibility Zones A or B, or within a Terrain Penetration Area, the owner of the property on which the development is to be located shall dedicate and record an avigation easement to the government entity owning the associated airport. The purpose of this requirement is twofold: to protect the

airport airspace from objects which could constitute hazards to air navigation, and to inform future owners and prospective purchasers of the property that aircraft may overfly the location at low altitudes while approaching, departing, or maneuvering near the associated airport.

(c)

Avigation easement provisions. An avigation easement shall contain the following provisions:

(1)

Provide the right of flight in the airspace above the property;

(2)

Allow the generation of noise and other impacts associated with aircraft overflight;

(3)

Restrict the height of structures, trees and other objects;

(4)

Permit access to the property for the removal or aeronautical marking and/or lighting of objects exceeding the established height limit; and

(5)

Prohibit electrical interference, glare, and other potential hazards to flight from being created on the property.

(d)

Deed notification. As a condition for approval of new development requiring a discretionary approval, (such as a tentative parcel map, a subdivision map, a planned development, a use permit, a zone change, or other County discretionary permit) within Compatibility Zone C1, a notice regarding aircraft overflight activity shall be recorded with the deed to the property. Said notice shall indicate that the property is routinely subject to overflight activity by aircraft using the airport; and that residents may experience inconvenience, annoyance, or discomfort from the noise of such operations and should be prepared to accept such occurrences; and that the current volume of aircraft activity at the airport could increase in the future. Any subsequent deed conveying the parcel or subdivisions thereof to a new owner shall also contain a statement to this effect.

(e)

Zoning and building regulations. The development criteria applicable within the Airport Environs Combining Zone are in addition to the requirements and standards of the underlying land use zone with which the AE zone is combined. In the event of a conflict between the provisions of this chapter and any other land use or building regulation applicable to the same land area or parcel, including regulations adopted by other public agencies, the more restrictive criteria shall prevail.

(§ II, Ord. 02-13, eff. July 9, 2002)

(a)

Nonconforming uses. Land uses, structures, and objects not in conformance with this chapter may continue in use under the following conditions:

(1)

Continuation of the use must not be in conflict with other sections of the zoning code or with building regulations.

(2)

The cost of maintenance, repair, or replacement of a nonconforming use or structure conducted in any one year must not exceed twenty five (25%) percent of the structure's assessed market value.

(3)

A nonconforming use may be changed to another nonconforming use only if the new use does not involve expansion of the affected land area, an increase in building size, or an increase in the intensity of usage (e.g., the number of people per acre).

(4)

Any use which has been discontinued for one year or more shall be deemed abandoned. Any subsequent reuse of the property must conform to the criteria of this chapter.

(b)

Reconstruction. Where a nonconforming use has been partially destroyed, it may be allowed to be rebuilt or replaced at a size and usage intensity not exceeding that of the original use. Partial destruction shall be considered to mean damage which can be repaired at a cost of no more than fifty (50%) percent of the assessed market value of the structure at the time of its destruction.

(§ II, Ord. 02-13, eff. July 9, 2002)

(a)

Height limitations. Variances from the height limit criteria set forth in Section 10-1.08 shall be permitted only if all of the following conditions are met:

(1)

At least one of the following circumstances exists: terrain, trees, or other objects of equal or greater height are situated within a 100-foot radius of the object; or the Federal Aviation Administration has conducted an

aeronautical study of the proposed object and determined that the object would not create a hazard to the navigable airspace of the airport.

(2)

The owner of the property has dedicated an avigation easement to the entity owning the affected airport.

(3)

The owner of the property agrees to take responsibility for ensuring that any obstruction marking and/or lighting required by the Federal Aviation Administration or the California Department of Transportation, is installed, operates, and is maintained, unless the airport proprietor has agreed in writing to be responsible for such installation, operation, and maintenance.

(b)

Infill. Where substantial incompatible development already exists, additional infill development of similar land uses may be allowed to occur even if such land uses are not allowed elsewhere in the zone. This exception does not apply within Compatibility Zones A or B. A parcel can be considered for infill development if it meets all of the following criteria:

(1)

The parcel size is no larger than twenty (20) acres.

(2)

The site is at least sixty-five (65%) percent bounded (excluding roads) by existing uses similar to, or more intensive than, those proposed.

(3)

The proposed project would not extend the perimeter of the area defined by the surrounding, already developed, incompatible uses.

(4)

The proposed project would not, in the case of a residential subdivision, have a density greater than the average of that on other parcels within 300 feet of the perimeter of the parcel to be subdivided; or in the case of a nonresidential use, have a usage intensity more than fifty (50%) percent above the intensity permitted in accordance with Section 10-1.07 of this chapter.

(5)

The proposed project will not otherwise increase the intensity and/or incompatibility of use through use permits, density transfers, subdivisions, or other entitlements or development strategies.

(6)

The County has determined that substantial development already exists and has accordingly identified the infill areas in its General Plan or other adopted planning document approved by the Board of Supervisors and/or ALUC.

(c)

Other variances. Other variances from the criteria set forth in this chapter may be granted in cases where a normally incompatible land use can be considered compatible because of terrain, specific location, or other extraordinary factors or circumstances related to the site.

(§ II, Ord. 02-13, eff. July 9, 2002)

Sec. 10-1.13. - Administration and review.

(a)

Variance procedures and review by Director of Airports. The Planning Department shall forward to the Director of Airports, a copy of any application for approval of a land use development having the potential for compatibility conflicts with airport activities.

Specifically, for locations within an airport influence area, such land use development proposals, include:

(1)

Any project requiring a general plan, specific plan, or zoning ordinance amendment.

(2)

Any request for a variance from the provisions of this chapter.

(3)

Any proposed expansion of the sphere of influence of a city or special district.

(4)

Proposed residential development, including land divisions, consisting of five or more dwelling units or parcels.

(5)

Any discretionary development proposal for projects having a building floor area of 20,000 square feet or greater.

(6)

Proposed land acquisition for the purpose of developing a school or hospital.

(7)

Any nonaviation use of land within Compatibility Zone A as defined herein.

(8)

Any structure (including towers and antennas) which would exceed the height limitation criteria set forth in Section 10-1.08.

(9)

Any project having the potential to create electrical or visual hazards to aircraft in flight, including: electrical interference with radio communications or navigational signals, lighting which could be mistaken for airport lighting, glare in the eyes of pilots of aircraft using the airport; and impaired visibility near the airport.

(10)

Projects having the potential to attract an increased number of birds to the vicinity of an airport.

(11)

Any other proposed land use action, as determined by the Director of Planning, involving a question of compatibility with airport activities.

(12)

Additionally, regardless of location within Siskiyou County, any proposal for construction or alteration of a structure (including antennas or towers or trees) taller than 200 feet above ground level at the site shall be submitted to the Director of Airports for review. (Such structures also require notification to the Federal Aviation Administration in accordance with Federal Aviation Regulations, Part 77, Paragraph 77.13(a)(1).)

(b)

Review criteria. In reviewing such proposals, the Director of Airports shall consider the following factors and render a judgment as to the potential for conflicts with airport activities:

(1)

The compatibility criteria adopted by the Airport Land Use Commission;

(2)

Information regarding aircraft flight in the vicinity of the proposed development and the nature of the noise and safety impacts, which can be anticipated to occur; and

(3)

Characteristics of the proposed land use development.

The Director of Airports shall respond to the application within fifteen (15) working days of its receipt.

(c)

Review by Airport Land Use Commission. The Airport Land Use Commission established in Siskiyou County pursuant to requirements of state law (Public Utilities Code, Section 21670 et seq.) is responsible

for review of certain actions affecting land use development in the vicinity of airports in the county. State law requires that the following types of actions be referred to the Airport Land Use Commission for determination of consistency with the commission's policies prior to county consideration of such actions for approval:

(1)

The adoption or approval of any amendment to the General Plan or to any specific plan affecting the property within an airport influence area (State Public Utilities Code Section 21676(b)).

(2)

The adoption or approval of a zoning ordinance or building regulation which affects property within an airport influence area, and involves issues of exposure to aircraft noise, aviation-related safety to people on the ground or occupants of aircraft, protection of airport airspace, or concerns related to aircraft overflights (Public Utilities Code Section 21676(b)).

(3)

Adoption or modification of the master plan for an existing public-use airport (State Public Utilities Code Section 21676(c)).

(4)

Any proposal for expansion of an existing airport or heliport if such expansion will require an amended airport permit from the state of California (State Public Utilities Code Section 21664.5).

(5)

Any proposal for a new airport or heliport whether for public use or private use (State Public Utilities Code Section 21661.5) if the facility requires a state airport permit.

(d)

Additional Actions Requiring ALUC Review. By agreement with the Airport Land Use Commission, it is county policy that the following additional types of land use actions also shall be referred to the ALUC for review:

(1)

Any proposed development reviewed by the Director of Airports and deemed to represent a potential conflict with airport activities.

(2)

Any application for a variance from the criteria established by this chapter.

(e)

Variance procedures. Any person desiring to obtain a variance from the criteria set forth in this chapter may apply to the Planning Commission for said variance. A copy of any such application shall be submitted to the Siskiyou County Airport Land Use Commission for review and action in accordance with the policies and procedures adopted by that body. No action shall be taken by the Planning Commission with regard to an exception until either a response has been received from the Airport Land Use Commission or the time limit for Airport Land Use Commission action has expired.

No application for a variance shall be considered by the Planning Commission unless a copy of the application has been furnished to the Director of Airports for advice as to the aeronautical effects of the variance.

In reaching a decision to grant a variance, the Planning Commission shall make specific findings as to why the variance is being granted and that the land use will not create a safety hazard to people on the ground or aircraft in flight nor result in excessive noise exposure for the proposed use. Such findings shall be consistent with the spirit of this chapter and with guidelines established in the Airport Land Use Planning Handbook published by the California Department of Transportation. Findings also shall be made as to the characteristics of the terrain, surrounding land uses, or other extraordinary circumstances which would cause adherence to the criteria of this chapter to be an undue hardship upon use of the property and thus should warrant the policy variance.

The granting of a variance shall be considered site specific and shall not be generalized to include other sites.

(§ II, Ord. 02-13, eff. July 9, 2002)

Sec. 10-1.14. - Appeals.

(a)

Denial by Planning Commission. Any person who has applied to the Planning Commission for a discretionary permit or variance subject to the provisions of this chapter may appeal the denial of such application to the Siskiyou County Board of Supervisors in accordance with the procedures established for such appeals.

(b)

Denial by Siskiyou County Airport Land Use Commission. If a proposed General Plan amendment or zone change, a variance from the provisions of this chapter, or other land use action has been submitted to the Siskiyou County Airport Land Use Commission and found by that body to be inconsistent with its policies, the project applicant may request the Siskiyou County Board of Supervisors to override the Airport Land Use Commission's action. In accordance with state law (Public Utilities Code Sections 21676(b) and 21676.5(a)), an override by the board requires a two-thirds vote after the board holds a public hearing and makes specific findings that the proposed action is consistent with the purposes of the law as stated in Public Utilities Code Section 21670.

(§ II, Ord. 02-13, eff. July 9, 2002)

Sec. 10-1.15. - Enforcement.

(a)

Authority. The authority for enforcement of this chapter rests with the County of Siskiyou in whose jurisdiction the land use, structure, or tree to be abated is situated, or as may be appropriate under applicable law, including but not limited to a public nuisance or other appropriate action by the district attorney. Each day any violation of this chapter continues is a new and separate offense. The remedies provided in this chapter are cumulative and not exclusive. The remedies as set forth in this chapter are supplementary to any legal or equitable remedy available to the County, including but not limited to, the right to abate nuisances and hazards.

(b)

Abatement. Violations of the criteria set forth in this chapter shall be remedied through commencement of abatement proceedings in accordance with adopted regulations of the State of California and the County of Siskiyou and federal aviation law or in accordance with any and all applicable provisions of law, including those methods set forth in subparagraph (a) above. Where there exists a conflict between the provisions of this chapter and any other provisions applicable to the same area, whether the conflict is with respect to the height of structures or trees, land use, or any other matter, the more stringent limitation or requirement shall govern.

(§ II, Ord. 02-13, eff. July 9, 2002)