Sutter County Municipal Code Ch. 1250 Airport Zoning

Pursuant to the authority conferred by the Conservation and Planning Act of the State of California, and in conformity with regulations and standards of the Federal Aviation Agency of the United States Department of Commerce, the Board of Supervisors of the County of Sutter, deem it necessary to create an "Airport Zoning Code" for the purpose of promoting the health, safety, and general welfare of the inhabitants of the County of Sutter by preventing the creation or establishment of airport hazards, thereby protecting the lives and property of the users of the Sutter County Airport and of the occupants of the land in the vicinity and preventing destruction or impairment of utility of the airport and the public investment therein in accordance herewith.

(Ord. 244, Sec. 2; Jan. 19, 1962)

This Chapter shall be known and may be cited as the "Airport Zoning Code of the County of Sutter."

(Ord. 244, Sec. 3; Jan. 19, 1962)

As used in this Code, unless context otherwise requires;

Airport means the Sutter County Airport.

Airport Hazard means any structure or tree or use of land which obstructs the airspace required for the flight of aircraft in landing or take-off at the airport or is otherwise hazardous to such landing or take-off of aircraft.

Landing Area means the area of the airport used for the landing, take-off, or taxiing of aircraft.

Non-conforming Use means any structure, tree or use of land which does not conform to the regulations prescribed in this Chapter or an amendment thereto, as of the effective date of such regulations.

Persons means any individual, firm, co-partnership, corporation, company, association, joint stock association or body politic, and includes any trustee, receiver, assignee, or other similar representative thereof.

Planning Commission means the Planning Commission of the County of Sutter.

Structure means any object constructed or installed by man, including but without limitation, buildings, towers, smokestacks, and overhead transmission lines.

Tree means any object of natural growth.

(Ord. 244, Sec. 4; Jan. 19, 1962)

In order to carry out the purpose of this Code, all of the lands within the boundaries of the Sutter County Airport and within 8,000 feet of the Airport Reference Point is hereby divided into airport approach zones, airport turning zones, and airport transition zones, the boundaries of which are shown on the Official Airport Zoning Map of Sutter County approved by the Planning Commission and conforming to the Federal Aviation Agency Technical Standard order N 18 Amendment 2 dated May 5, 1960.

That the Airport Zoning Map is hereby approved as the official map for such zoning purposes and shall be on file in the office of the County clerk, and that the same is hereby made a part of this Code, subject to amendments thereof from time to time as may be necessary. That such amendments shall be entered on the official map and the same shall be kept up to date at all times.

(Ord. 244, Sec. 5; Jan. 19, 1962)

Except as otherwise provided in this Chapter no structure or tree shall be erected, altered, allowed to grow, or maintained in any airport approach zone, airport turning zone, or airport transition zone, to a height in excess of the height limit herein established for such zone. For the purpose of this regulation, the following height limits are hereby established for each of the zones in question.

(a) APPROACH ZONE NO. ONE shall have a maximum height limit of zero feet at a distance of 200 feet from the end of the runway, zero feet for purposes of this Code being the elevation of the highest point on the usable landing area. The maximum allowable height shall be increased at the rate of one foot vertically to each 20 feet horizontally to a maximum height of 150 feet.

(b) TRANSITION ZONES NO. ONE, NO. TWO are inclined planes with a slope of seven feet horizontally to one foot vertically measured upward and outward in a vertical plane at right angles to the center line of the runway. These planes extend from the edge of Approach Zone No. One to a maximum height of 150 feet.

(c) TURNING ZONE NO. ONE comprises all areas other than those above mentioned within a 5,000 foot radius of the Airport Reference Point. Maximum height limit within all portions of this zone is 150 feet.

(d) TURNING ZONE NO. TWO comprises all those areas outside the 5,000 foot radius above mentioned but within a radius of 8,000 feet of the Airport Reference Point. The maximum height limit in this zone is a conical surface extending upward and outward from the periphery of Turning Zone No. One with a slope of 20 feet horizontally to one foot vertically measured in a vertical plane passing through the Airport Reference Point.

(Ord. 244, Sec. 6; Jan. 19, 1962)

Notwithstanding any other provisions of this Code, 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, make it difficult for flyers to distinguish between airport lights and other lights, resulting in glare in the eyes of the flyers using the airport, impair visibility in the vicinity of the airport, or otherwise endanger the landing, take-off, or maneuvering of aircraft.

(Ord. 244, Sec. 7; Jan. 19, 1962)

The regulations prescribed in Sections 1250-060 and 1250-070 of this Code shall not be construed to require the removal, lowering, or other change or alteration of any structure or tree not conforming to the regulations as of the effective date thereof, or otherwise interfere with the continuance of any non-conforming use. Nothing herein contained shall require any changes in the construction, alteration, or intended use of any structure, the construction or alteration of which was begun prior to the effective date of this Code, and is diligently prosecuted and completed within one year thereof.

(Ord. 244, Sec. 8; Jan. 19, 1962)

Any person desiring to erect any structure, or increase the height of any structure, or permit the growth of any tree, or use his property not in accordance with the regulations prescribed in this Code, may apply to the Planning Commission for a variance therefrom in accordance with the procedure prescribed for the variance in County of Sutter Zoning Enabling Code, Chapter Number 1500. When it has been determined that there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of this Code, the Board of Supervisors shall have the power to vary or modify any of the rules, regulations, or provisions contained herein so that the spirit of the code shall be observed, public welfare secured, and substantial justice done.

(Ord. 244, Sec. 9; Jan. 19, 1962)

In addition to the powers delegated in Section 1250-080 hereof the Planning Commission shall have the following specific power:

(a) To recommend to the Board of Supervisors changes in the restrictions and the boundaries of such zones as are herein established, in accordance with the procedure prescribed for amendments in Sutter County Zoning Enabling Code, Chapter 1500.

(Ord. 244, Sec. 10; Jan. 19, 1962)

Any variance granted under Section 1250-080 of the Code may, if such action is deemed advisable to effectuate the purpose of this Code and reasonable circumstances, be so conditioned as to require the owner of the structure or tree in question at its own expense, to install, operate and maintain thereon such markers and lights as may be necessary to indicate to flyers the presence of any airport hazard.

(Ord. 244, Sec. 11; Jan. 19, 1962)

The Building Inspector of the County of Sutter is hereby designated the Administrator charged with the duty of administering and enforcing the regulations herein described. The duties of the Building Inspector shall include that of reviewing all applications for Building Permits within the approach zones, turning zones, and transitional zones of the Sutter County Airport. The applicant shall be notified of any possible violations within ten days of date of application. The Building Inspector shall not have or exercise any of the powers or duties delegated to the Planning Commission.

(Ord. 244, Sec. 12; Jan. 19, 1962)

In the event any person should erect, construct, move, or alter any structure or allow any tree to grow to a height, in violation of the provisions of this Code, the same is hereby declared a public nuisance, and it shall be the duty of the District Attorney to bring and prosecute an action in any Court of competent jurisdiction to enjoin such person from continuing such erection, construction, moving, alteration, or growth, or if such erection, construction, moving, alteration, or growth is being or has been accomplished, the District Attorney shall enjoin such person from maintaining same.

(Ord. 244, Sec. 13; Jan. 19, 1962)

Any person violating any provision of this Code shall be guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not more than five hundred dollars ($500.00) or by imprisonment for a term not exceeding six months, or by both such fine and imprisonment. Such person shall be deemed guilty of a separate offense for each and every day during any portion of which any violation of this Code is committed, continued, or permitted, by such person, and shall be punishable as herein provided.

(Ord. 244, Sec. 14; Jan. 19, 1962)

The provisions of this Code shall apply and be in force on areas within the approach zones, the transitional zones, and the turning zones within the County of Sutter, and outside of unincorporated areas.

(Ord. 244, Sec. 15; Jan. 19, 1962)

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

(Ord. 244, Sec. 16; Jan. 19, 1962)

Should any section or part of a section, clause or provision of this Code be declared by the Court to be invalid, the same shall not affect the validity of the Code as a whole or any part thereof, other than the part so declared to be invalid.

(Ord. 244, Sec. 17; Jan. 19, 1962)