Stanislaus County Municipal Code Ch. 17.16 Exceptions and Nonconforming Uses

Nothing in this title shall be construed as prohibiting the growth, construction, or maintenance of any tree or structure to a height up to thirty-five feet above the land beneath any surface in the airport zone. This exception does not apply to any land over which an avigation easement is owned by:

A. Modesto Airport, the city of Modesto;

B. Oakdale Airport, the city of Oakdale.

(Prior code §9-4)

The regulations prescribed by this title shall not be construed to require the removal, lowering, or other change or alteration to any structure or tree not conforming to these regulations as of February 2, 1978, or otherwise to interfere with the continuance of a nonconforming use. Nothing contained in this section shall require any change in the construction, alteration or intended use of any structure, the construction or alteration of which was begun prior to said date, if such construction or alteration is diligently pursued and completed within two years thereof.

(Prior code §9-6(a))

Notwithstanding the provisions of Section 17.16.020, the owner of any existing nonconforming structure or tree is required to permit the installation, operation, and maintenance thereon of such markers and lights as be deemed necessary by the airport manager. Such markers and lights shall be installed, operated, and maintained at the expense of the airport.

(Prior code §9-6(b))

All public utilities and/or irrigation districts are exempt from the provisions of this title so long as any pole and/or structure as defined in this title that the public utilities and/or irrigation districts may erect or cause to have erected does not violate the forty feet to one foot approach limitations as set forth in this title. Provided, however, that the public utilities and/or irrigation districts may replace any and all existing poles, lines or other facilities with poles, lines and/or facilities equal in height to those presently in use and now existing.

(Prior code §9-12)