Chapter 10.44 — AIRPORT OVERLAY ZONE

(A) This chapter shall apply to all land within the Airport Overlay (AP) zone, as defined on the Zoning Map. The purpose of this chapter is to protect the public health, safety, and welfare in the vicinity of the airport by minimizing exposure to potential airplane crashes and significant noise levels. Further, to identify those uses that are compatible in the Airport Overlay zone and to establish development standards to which development will conform. This chapter is adopted pursuant to the Airport Approaches Zoning Law of the State of California (commencing at Cal. Gov't Code § 50485) and the Planning and Zoning Law of the State of California (commencing at Cal. Gov't Code § 65000).

(B) The requirements of this chapter shall be considered in conjunction with the requirements of any base zone district. If a conflict exists between the requirements of the base zone district and this chapter, the requirements of this chapter shall apply.

(C) If there is a conflict between this chapter and any other regulations contained in this title that are applicable to the same area or parcel of land, 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. 2025-01, passed 1-7-2025)

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

AIRPORT. Any area of land designated and set aside for the landing and taking off of aircraft and utilized or to be utilized in the interest of the public for such purposes, a map of which has been or is hereafter included as a part of the Zoning Map of the City of Tulare.

AIRPORT ELEVATION. The elevation of the highest point on the usable or designed runway as established by the City Engineer.

AIRPORT HAZARD. Any structure, tree, or use of land that obstructs the airspace required for the flight of aircraft in landing or taking off at an airport or is otherwise hazardous to such landing or taking off of aircraft.

AIRPORT REFERENCE POINT. The point established at the approximate geographic center of the airport landing area and so designated.

HEIGHT. Used for the purpose of determining height limits in all zones set forth in this chapter, the vertical elevation in feet above the established airport elevation unless otherwise stated.

HELIPORT PRIMARY SURFACE. The area of the primary surface coincides in size and shape with the designated landing and takeoff area of a heliport (runway). This surface is a horizontal plane at the elevation of the established heliport elevation.

LANDING AREA. The area of an airport used, or to be used, for the landing, taking off, or taxiing of aircraft. NON-CONFORMING USE. Any structure, tree, or use of land that does not conform to the provisions of this chapter at the time this chapter is made applicable to a particular airport.

PERSON. Any individual, firm, co-partnership, corporation, company association, joint stock association, city, county, or district, and includes any trustee, receiver, assignee, or other similar representative thereof. PRIMARY SURFACE. A surface longitudinally centered on a runway. When the runway has a specially prepared hard surface, the primary surface extends 250 feet beyond each end of that runway; but when the runway has no specially prepared hard surface, the primary surface ends at each end of that runway. The width of the primary surface

of a runway will be that width prescribed in Part 77 of the Federal Aviation Regulations (FAR) for the most precise approach existing or planned for either end of that runway. The elevation of any point on a primary surface is the same as the elevation of the nearest point on the runway centerline.

RUNWAY. The paved surface of an airport landing area designated for the landing or taking off of an aircraft. STOL PRIMARY SURFACE. Any imaginary plane, 300 feet wide, centered on the runway. Its length extends 100 feet beyond each runway end. The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway centerline.

STRUCTURE. Any object constructed, installed, or placed on real property by humans including, but not limited to buildings, towers, smokestacks, and overhead lines.

UTILITY RUNWAY. A runway that is constructed for and intended to be used by propeller-driven aircraft of 12,500 pounds maximum gross weight and less.

VISUAL RUNWAY. A runway intended solely for the operation of aircraft using visual approach procedures with no straight-in instrument approach procedure and no instrument designation indicated on an FAA approval airport layout plan, a military service's approved military airport layout plan or by any planning document submitted to the FAA by a competent authority.

(Ord. 2025-01, passed 1-7-2025)

(A) Permitted uses in the Airport Overlay zone shall include all uses that are permitted in the base zoning district.

(B) Conditional uses in the Airport Overlay zone shall include all uses that are conditional in the base zoning district.

(Ord. 2025-01, passed 1-7-2025)

(A) The Airport Overlay zone may be combined with any other zone district contained on the Official Zoning Map. Zone districts that are combined with the Airport District shall be designated on the Official Zoning Map with the base zone district followed by the Airport Overlay zone notation (AP). For example, land that is zoned Public Lands and is in the Airport Overlay zone will have the notation PL-(AP).

(B) The Airport Zoning Map, which is a part of the Official Zoning Map, will delineate the different zones that are associated with the Airport Overlay zone. The classification of property to the Airport Overlay zone shall be processed consistent with Chapter 10.86, Zoning Ordinance Amendments, with the Airport Overlay zone. Any zone district contained in this title may be combined with the Airport Overlay zone. (Ord. 2025-01, passed 1-7-2025)

(A) In order to carry the provisions of this chapter, are hereby created and established certain airport zones that include all of the land lying within the Airport Overlay zone including, approach zones, transitional zones, horizontal zones, and conical zones. An area located in more than one of the following zones is considered to be only the zone with a more restrictive height limitation.

(B) Except as otherwise provided in this chapter, no structure or tree shall be erected, altered, allowed to grow, or be maintained in any zone created by this chapter to a height in excess of the applicable height limits herein established for the zone. The applicable height limitations are hereby established for each zone in question as follows:

(1) Utility Runway Visual Approach zone. The inner edge of this approach zone coincides with the width of the primary surface and shall have a width as specified on the Airport Zoning Map. The approach zone expands outward uniformly to a width of 1,250 feet at a horizontal distance of 5,000 feet from the primary surface at a slope upward of 25 feet horizontally for each foot vertically. The slope begins at the end of and at the same elevation as the primary surface and extends to a horizontal distance of 5,000 feet along the extended runway centerline.

(2) Heliport Visual Flight Rules (VFR) Approach zone. The inner edge of this approach zone coincides with the width of the primary surface and shall have a width as specified on the Airport Zoning Map. The approach zone expands outward uniformly to a width of 500 feet at a horizontal distance of 4,000

feet from the primary surface at a slope upward of 25 feet horizontally for each foot vertically. The slope begins at the end of and at the same elevation as the primary surface and extends to a horizontal distance of 5,000 feet along the extended runway centerline.

(3) Transitional zones (LT). These zones are hereby established as the area beneath the transitional surfaces. These surfaces extend outward and upward at 90-degree angles to the runway centerline and the runway centerline extended at a slope of seven feet horizontally for each foot vertically beginning at the sides of and at the same elevation as the primary surface and the approach zones, extending to a height of 150 feet above the airport elevation. In addition to the foregoing, there are established height limits sloping upward and outward seven feet horizontally for each foot vertically beginning at the sides of and at the same elevation as the approach zones, and extending to where they intersect the conical surface. Where the precision instrument runway approach zone projects beyond the conical zone, height limits sloping upward and outward seven feet horizontally for each foot vertically shall be maintained beginning at the sides of and at the same elevation as the precision instrument runway approach surface and extending to a horizontal distance of 5,000 feet measured at 90-degree angles to the extended runway centerline.

on instrument runway approach zone projects beyond the conical zone, height limits sloping upward and outward seven feet horizontally for each foot vertically shall be maintained beginning at the sides of and at the same elevation as the precision instrument runway approach surface and extending to a horizontal distance of 5,000 feet measured at 90-degree angles to the extended runway centerline.

(4) Heliport VFR Transitional zones. These zones extend from the sides of the primary surface and the approach zones a horizontal distance of 250 feet from the primary surface centerline and the extended primary surface centerline and slope upward and outward two feet horizontally for each foot vertically. The slope begins at the sides of and at the same elevation as the primary surface and the approach surfaces and extends a distance of 250 feet measured horizontally from 90-degree angles to the primary surface centerline and extended centerline.

(5) Horizontal zone (H). The horizontal zone is hereby established by swinging arcs of radii specified on the Airport Zoning Map from the centerline of each end of the primary surface of each runway and connecting to the adjacent arcs by drawing lines tangent to those arcs. The horizontal zone extends at an elevation of 150 feet above the airport elevation, however, it does not include the approach and transitional zones. The radius of each arc is 5,000 feet for all runways designated as utility or visual.

(6) Conical zone (C). The conical zone is hereby established as the area that commences at the periphery of the horizontal zone and extends outward there from a horizontal distance of 4,000 feet. The conical zone slopes upward and outward 25 feet horizontally for each foot vertically beginning at the periphery of the horizontal zone and 150 feet above the airport elevation and extending to a height of 350 feet above the airport elevation. The conical zone does not include the precision instrument approach zones and the transitional zones.

(7) Primary Surface zone (L). The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway centerline. The width of a primary surface is 250 feet for utility runways having only visual approaches.

(8) Approach Surface zone (AA). An approach surface is applied to each end of each runway based on the type of approach available or planned for that runway end. The inner edge of the approach surface is the same width as the primary surface and it expands uniformly to a width of 1,250 feet for that end of a utility runway with only visual approaches. The approach surface extends for a horizontal distance of 5,000 feet at a slope of 25 feet to one for all utility and visual runways.

(Ord. 2025-01, passed 1-7-2025)

The several zones established by this chapter shall be shown and delineated on the Airport Zoning Map of the City of Tulare. This map, for convenience and identification, is divided into parts corresponding to the operational areas of the respective airports included within the provisions of this chapter. Additional parts of the Airport Zoning Map may be adopted from time to time by ordinance. Each part of the Airport Zoning Map shall be described by a descriptive title sufficient to identify the subject and the location and shall contain a map and diagrams including a plot plan of the subject airport showing the location, direction, and dimensions of all runways, the locations and dimensions of all zones described in this chapter and the specific values applied to said zones in accordance with the formulas established for the regulation of heights described in this chapter.

(Ord. 2025-01, passed 1-7-2025)

Notwithstanding any other provisions of this chapter, no use may be made of land or water within any zone established by this chapter in such a manner as to create electrical interference with navigational signals or radio communication between the airport and aircraft, make it difficult for pilots to distinguish between airport lights and others, result in glare in the eyes of pilots using the airport, impair visibility in the vicinity of the airport or otherwise in any way create a hazard or endanger the landing, takeoff, or maneuvering of aircraft intending to use the airport. (Ord. 2025-01, passed 1-7-2025)

(A) The Planning Commission is hereby designated as the agency for the administration and enforcement of this chapter.

(B) The City's Building Inspector shall not issue building permits for the construction, reconstruction or structural alteration of any structure within any of the zones established by this chapter if the construction, reconstruction, or structural alteration would result in violation of the restrictions imposed on the zones by this chapter. Any building permit issued in violation of the provisions of this division shall be null and void.

(C) The Planning Commission shall not take any actions regarding the administration of this chapter without the prior review and recommendation by the City of Tulare Aviation Commission. (Ord. 2025-01, passed 1-7-2025)

(A) If practical difficulties, unnecessary hardship, or results inconsistent with the general purpose of this chapter result through the strict and literal interpretation and enforcement of this chapter, then the Planning Commission shall have the authority to process a variance consistent with Chapter 10.84, Variances.

(B) Any variance granted pursuant to Chapter 10.84, Variances, may be allowed subject to any reasonable conditions that the Planning Commission may deem necessary to effectuate the purpose of this chapter and reasonable under the circumstances. Any such variance may be so conditioned as to require the owner of the structure or tree to permit the appropriate airport management 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 an airport hazard. Any variance that is granted, subject to any conditions, shall be deemed to be automatically revoked if any of the conditions are violated. (Ord. 2025-01, passed 1-7-2025)