Tehachapi Municipal Code Ch. 11.12 Airport Zoning

The ordinance codified in this title shall be known as the "Tehachapi Municipal Airport zoning ordinance of the city of Tehachapi."

(Ord. 81-09-458 § 3, 1981)

Pursuant to the authority conferred by the Government Code of the state, and in conformance with the standards of the Federal Aviation Administration, the ordinance codified in this chapter is adopted for the purpose of promoting and safeguarding the health, safety and general welfare of the inhabitants of the city by preventing the creation, establishment or maintenance of airport hazards, thereby protecting the lives and property of the users of the Tehachapi Municipal Airport and of the occupants of the land in the vicinity of the airport, and preventing the destruction and impaired use of the airport and the public investment therein.

(Ord. 81-09-458 § 1, 1981)

As used in this chapter, unless the context requires otherwise:

A. "Airport" or "Tehachapi Airport" means the Tehachapi Municipal Airport.

B. "Airport elevation" means the highest point, measured in feet above or below mean sea level, of the airport's usable landing area.

C. "Airport hazard" means any structure or tree, or use of land, or in the vicinity of the airport, which obstructs the runway safety areas, clear zones, or approach surfaces, as defined in FAR Part 77, or any other imaginary surface specified in FAR Part 77 if these obstructions have been determine by the FAA or the State Department of Transportation to constitute a hazard.

D. "City administrator" means the city administrator of Tehachapi.

E. "Height" means, for the purpose of determining the height limits in all zones set forth in this chapter and shown on the airport zoning map, the datum shall be the mean sea level elevation of the airport, unless otherwise specified.

F. "Nonconforming use" means any preexisting structure, tree or use of land which is inconsistent with the provisions of this chapter or amendments thereto.

G. "Person" means any individual, firm, partnership, corporation, company, association, joint stock association, city, county or district, and includes any trustee, receiver, assignee, or similar representative of any of them.

H. "Planning commission" means the city planning commission.

I. "Primary surface" means a ground surface longitudinally centered on the runway. The dimensions and limits of the primary surface shall be those prescribed in Federal Aviation Regulation (FAR) 77.25 for the Tehachapi Municipal Airport.

J. "Runway" means the defined area of the airport prepared for landing and/or takeoff of aircraft along its length.

K. "Structure" means any object constructed or installed by man, including but not limited to, buildings, towers, poles, masts, antennas, smokestacks, earth formations, overhead wires or transmission lines, and guy wires.

L. "Tree" means any object of natural growth or planted.

(Ord. 81-09-458 § 4, 1981)

A. The creation or establishment of an airport hazard is a public nuisance and an injury to the area served by the airport. It is necessary, in the interest of the public health and safety and the general welfare, that the creation or establishment of airport hazards be prevented. To the maximum extent legally possible, prevention of such hazards should be accomplished by the exercise of the police power without compensation.

B. It is further declared that both the prevention of airport hazards and the elimination, removal, alteration, mitigation or marking and lighting of existing airport hazards are public purposes for which the city may raise and expend public funds, and acquire lands, interest in lands, or easements over lands.

(Ord. 81-09-458 § 2, 1981)

Where there exists a conflict between any of the regulations or limitations prescribed in this chapter and any other regulations applicable to the same area, whether the conflict is with respect to the height of structures or trees, the use of land, or any other matter, the more stringent limitation or requirement shall govern and prevail.

(Ord. 81-09-458 § 13, 1981)

In order to carry out the purposes of this chapter, all land within the boundaries of the airport, and other lands in the vicinity of the airport, are divided into runway approach zones, transitional zones, horizontal zones and conical zones. These zones underlie the approach, transitional, horizontal and conical surfaces defined in FAR 77.25, boundaries of which are shown on the Tehachapi Municipal Airport Zoning Map. The approved Tehachapi Municipal Airport Zoning Map shall be kept on file in the office of the city clerk, and such zoning map is hereby made a part of this chapter, subject to amendments as shall be entered on the official zoning map, which shall be maintained current at all times.

(Ord. 81-09-458 § 5, 1981)

Except as otherwise provided in this chapter, no structure or tree shall be erected, altered, maintained or allowed to grow in any zone created by this chapter to a height in excess of the applicable height limit established herein for each such zone. For the purpose of determining these heights, the United States Coast and Geodetic (based) Survey has established the official elevation reference of the airport to be four thousand and one feet, and all height limits shall be based on that elevation, as follows:

A. Horizontal Zone. One hundred fifty feet;

B. Conical Zone. One hundred fifty feet at the inner perimeter, increasing uniformly at a slope of 20:1 (one foot vertically for each twenty feet horizontally) to the outer perimeter;

C. Approach Zones. For Runways 29 and 11, as designated on the airport zoning map, the height shall not exceed that permitted by a 20:1 glideslope, and in no event shall the height exceed one hundred fifty feet;

D. Transition Zones. The height of objects shall not be such as to penetrate a transitional surface commencing at the side of the primary surface and sloping upward and outward at a slope of 7:1 (one foot vertically for each seven feet horizontally), and extending to a height of one hundred fifty feet above the airport elevation. The same restriction shall apply beginning at the sides of, and at the same elevation as, the approach surface, and extending to where the slope intersects the conical surface.

(Ord. 81-09-458 § 6, 1981)

Notwithstanding any other provisions of this chapter, no use may be made of land (or water) within any zone established by this chapter which will:

A. Create electrical interference with navigational signals or radio communications between the airport and aircraft;

B. Make it difficult for pilots to distinguish between airport lights and other light;

C. Result in glare in the eyes of pilots using the airport;

D. Impair visibility of the airport; or

E. Otherwise in any way create a hazard or endanger the landing, takeoff or maneuvering of aircraft using or intending to use the airport.

(Ord. 81-09-458 § 7, 1981)

The regulations prescribed in this chapter shall not be construed to require the removal, lowering or otherwise changing or altering of any structure or tree not conforming to the regulations as of the effective date of the ordinance codified in this chapter, nor otherwise interfere with the continuation of a nonconforming use. Nothing contained 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 said effective date, and which is diligently prosecuted.

(Ord. 81-09-458 § 8(a), 1981)

Notwithstanding the ban set out in Section 11.12.090 on retroactivity, the owner or any existing nonconforming structure or tree is required to permit the installation, operation and maintenance thereon of such markers, markings or lights as shall be deemed necessary by the management of the airport, to indicate to pilots of aircraft in the vicinity of the airport the presence of such hazards. Such markers and lights shall be installed, operated and maintained at the expense of the city.

(Ord. 81-09-458 § 8(b), 1981)

No material change shall be made in the use of land (and water), and no structure or tree shall be erected, replaced, substantially altered or repaired, rebuilt, planted or replanted, allowed to grow higher, or otherwise established in any zone created by this chapter, unless a permit therefor shall first be applied for and granted. Requests for permits shall be filed with the city administrator at least ninety days prior to the intended action.

(Ord. 81-09-458 § 10(part), 1981)

A permit shall not be required for a tree or structure less than seventy-five feet of vertical height above the ground in the horizontal and conical zones, or in any approach or transitional zone beyond a horizontal distance of four thousand two hundred feet from each end of the runway, except when, because of terrain, land contour or topographic feature, such tree or structure would extend above the height limit prescribed for the respective zone. No permit shall be required for maintenance, repairs, or replacement of parts of existing structures where such action will not enlarge or increase the height of the existing structure.

(Ord. 81-09-458 § 10(a), 1981)

Each application for a permit shall clearly indicate the purpose for which the permit is requested in sufficient detail to enable a determination whether the resulting use, structure or tree would conform to the provisions of this chapter, or would create a hazard. Permits shall be granted except when nonconformance will result, or when a hazard would be created.

(Ord. 81-09-458 § 10(b), 1981)

No permit shall be granted which would allow the creation or establishment of an airport hazard, or permit a nonconforming use, structure or tree to become a greater hazard to air navigation than it was on the effective date of the ordinance codified in this chapter, or any amendments thereto, or than it was when the application for a permit was made. Except as indicated, the permit shall be granted.

(Ord. 81-09-458 § 10(c), 1981)

Whenever the city administrator determines that a nonconforming tree or structure has been abandoned, more than eighty percent torn down, physically deteriorated, or decayed, no permit shall be granted which would allow such a tree or structure to exceed the applicable height limit, or otherwise deviate from the zoning regulations.

(Ord. 81-09-458 § 10(d), 1981)

Any person desiring to erect or increase the height of any structure, or permit the growth of any tree, or otherwise use his property in violation of these zoning regulations, may apply to the planning commission for a variance from such regulations. Such variances shall be allowed where it is duly found that a literal application or enforcement of the regulations would result in practical difficulty or unnecessary hardship, and the relief sought would not be contrary to the public interest, but would do substantial justice and be in accordance with the spirit of this chapter; provided, that any variance is allowed subject to any reasonable conditions determined necessary and imposed by the planning commission to effectuate the purposes of this chapter.

(Ord. 81-09-458 § 10(e), 1981)

The city administrator is designated as the administrator charged with the duty of administering and enforcing the provisions of this chapter. He so shall act as necessary to administer the ordinance and enforce its provisions, including prosecuting violations through injunctive or other processes.

(Ord. 81-09-458 § 9, 1981)

A. Any person aggrieved, or any taxpayer affected by any decision of the planning com- mission may appeal to the city council.

B. Any such appeal must be filed with the city council within a reasonable time, as provided by the rules of the city council, specifying the grounds for appeal.

C. An appeal shall stay all proceedings in furtherance of the action appealed, unless the city administrator certifies to the city council that such a stay would, in his opinion, cause imminent peril to life or property. In such event, proceedings shall not be stayed except by order of the city council, on notice to the city administrator, and on due cause shown.

D. The city council shall fix a reasonable time for hearing appeals, give public notice and due notice to all involved parties, and decide upon the appeal within a reasonable time. At the hearing, any person may appear or be represented by an agent or attorney.

E. The city council may, in conformity with the provisions of this chapter, affirm or reverse, in whole or in part, the actions and orders of the city administrator, or may modify the order, requirement, decision or determination as may be appropriate under the circumstances.

(Ord. 81-09-458 § 11, 1981)

A. Each violation of this chapter, or any regulations, order or ruling promulgated hereunder, shall constitute a misdemeanor, and shall be punishable by a fine of not more than five hundred dollars, or by imprisonment. Each and every day during any portion of which any violation of this chapter is committed, continued or permitted shall be considered a separate violation, and shall be punishable as herein indicated.

B. It shall be the duty of the district attorney of the county to bring and prosecute an action in a court of competent jurisdiction (including injunctive or punitive actions).

(Ord. 81-09-458 § 12, 1981)

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