Chapter 3 — AIRPORT ZONING

Sec. 8-3.01. - Title of provisions.

This chapter shall be known as and may be cited as the "Airport Zoning Regulations of the City of Yuba City."

(§ 2, Ord. 448)

Sec. 8-3.02. - Purpose of provisions.

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 Aeronautics Administration of the United States Department of Commerce, the Council deems it necessary to create airport zoning regulations for the purpose of promoting the health, safety, and general welfare of the inhabitants of the City 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 the utility of the airport and the public investment therein.

(§ 1, Ord. 448)

Sec. 8-3.03. - Definitions.

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

(a)

"Airport" shall mean the Sutter County Airport.

(b)

"Airport hazard" shall mean any structure, tree, or use of land which obstructs the airspace required for the flight of aircraft in landing or takeoff at the airport or is otherwise hazardous to such landing or takeoff of aircraft.

(c)

"Landing area" shall mean the area of the airport used for the landing, takeoff, or taxiing of aircraft.

(d)

"Nonconforming use" shall mean any structure, tree, or use of land which does not conform on December 6, 1961, to the regulations prescribed in this chapter or an amendment hereto as of the effective date of such amendment.

(e)

"Planning Commission" shall mean the Planning Commission of the City.

(f)

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

(g)

"Tree" shall mean any object of natural growth.

(§ 3, Ord. 448)

Sec. 8-3.04. - Zones.

In order to carry out the purpose of this chapter, all land within the boundaries of the Sutter County Airport and within 8,000 ft. 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 Yuba City, approved by the Planning Commission, and conforming to Civil Aeronautics Technical Standard Order TSON18, dated 26 April, 1950. 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 City Clerk, and the same is hereby made a part of this chapter, subject to amendments hereof from time to time as may be necessary. Such amendments shall be entered on the official map, and the same shall be kept up-to-date at all times.

(§ 4, Ord. 448)

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 established in this section for such zone. For the purposes of this regulation, the following height limits are hereby established for each of such zones:

(a)

Approach Zone No. One. Approach Zone No. One shall have a maximum height limit of zero ft. at a distance of 200 ft. from the end of the runway, "zero ft.," for the purposes of this chapter, being the elevation of the highest point on the usable landing area. The maximum allowable height shall be increased at the rate of one ft. vertically to each 20 ft. horizontally to a maximum height of 150 ft.

(b)

Transition Zones No. One and No. Two. Transition Zones No. One and No. Two are inclined planes with a slope of seven ft. horizontally to one ft. 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 ft.

(c)

Turning Zone No. One. Turning Zone No. One comprises all areas other than as specified in subsections (a) and (b) of this section within a 5,000 ft. radius of the airport reference point. The maximum height limit within all portions of this zone shall be 150 ft.

(d)

Turning Zone No. Two. Turning Zone No. Two comprises all those areas outside the 5,000 ft. radius specified in subsection (c) of this section but within a radius of 8,000 ft. of the airport reference point. The maximum height limit in this zone shall be a conical surface extending upward and outward from the periphery of Turning Zone No. One with a slope of 20 ft. horizontally to one ft. vertically measured in a vertical plane passing through the airport reference point.

(§ 5, Ord. 448)

Sec. 8-3.06. - Use restrictions.

Notwithstanding any other provisions of this chapter, 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, takeoff, or maneuvering of aircraft.

(§ 6, Ord. 448)

Sec. 8-3.07. - Nonconforming uses.

The regulations set forth in Sections 8-3.05 and 8-3.06 of this chapter shall not be construed to require the removal, lowering, or other change or alteration of any structure or tree not conforming to the regulations on December 6, 1961, or otherwise interfere with the continuance of any nonconforming use. Nothing contained in this chapter shall require any changes in the construction, alteration, or intended use of any structure, the construction or alteration of which was begun prior to December 6, 1961, and is diligently prosecuted and completed within one year thereof.

(§ 7, Ord. 448)

Sec. 8-3.08. - Variances.

Any person desiring to erect any structure, or increase the height of any structure, or permit the growth of any tree, or use his or her property not in accordance with the provisions of this chapter may apply to the Planning Commission for a variance therefrom in accordance with the procedure prescribed for variances in Article 22 of Chapter 5 of this title. When it has been determined that there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of this chapter, the Planning Commission shall have the power to vary or modify any of the rules, regulations, or provisions contained in this chapter so that its spirit shall be observed, the public welfare secured, and substantial justice done.

The Planning Commission shall also have the power to make changes in the restrictions and boundaries of the zones established by this chapter in accordance with the procedure prescribed for amendments and reclassification in Article 23 of Chapter 5 of this title.

(§§ 8 and 9, Ord. 448)

Sec. 8-3.09. - Hazard marking and lighting.

Any variance granted pursuant to the provisions of Section 8-3.08 of this chapter may, if such action is deemed advisable to effectuate the purpose of this chapter and is reasonable in the circumstances, be so conditioned as to require the owner of the structure or tree in question, at his or her own expense, to install, operate, and maintain thereon such markers and lights as may be necessary to indicate to flyers the presence any airport hazard.

(§ 10, Ord. 448)

Sec. 8-3.10. - Administrative agency.

The Building Inspector of the City is hereby designated the administrator charged with the duty of administering and enforcing the regulations of this chapter. The duties of the Building Inspector shall include the review of 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 the date of application. The Building Inspector shall not have or exercise any of the powers or duties delegated to the Planning Commission.

(§ 11, Ord. 448)

Sec. 8-3.11. - Jurisdiction of provisions.

The provisions of this chapter shall only apply and be in force on areas within the approach zones, the transitional zones, and the turning zones within the City.

(§ 14, Ord. 448)

Sec. 8-3.12. - Conflicting regulations.

When the provisions of this chapter impose a greater or more stringent restriction upon the use of land than is imposed or required by any other law or regulation, the provisions of this chapter shall govern.

(§ 15, Ord. 448)

Sec. 8-3.13. - Violation of provisions.

In the event any person shall erect, construct, move, or alter any structure or allow any tree to grow to a height in violation of the provisions of this chapter, the same is hereby declared a public nuisance, and it shall be the duty of the City 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 City Attorney shall enjoin such person from maintaining the same. The remedy prescribed by this section shall be accumulative and shall not bar the use of any other remedy provided by this Code or by law for the purpose of enforcing the provisions of this chapter.

(§ 12, Ord. 448)

CHAPTER 4. - OFFICIAL STREET MAP, FUTURE WIDTH LINE MAPS, AND OFFICIAL PLAN LINE MAPS

Sec. 8-4.01. - Purposes of provisions.

(a)

The Council hereby finds that the preparation and adoption of certain precise plans, which are provided for by law, are necessary to implement elements of the master plan and to promote and protect the public health, safety, comfort, convenience, and general welfare.

(b)

The Council further finds that the official mapping of all public streets and alleys, and the precise mapping of existing and proposed future streets and alleys for purposes of giving notice of proposed widening or extension, are in the public interest and necessary to accomplish the purposes of the streets and highways element of the master plan.

(§ 1, Ord. 341)

Sec. 8-4.02. - Preparation of maps.

The Council hereby authorizes the preparation of the following:

(a)

An official street map;

(b)

Future width line maps; and

(c)

Official plan line maps.

All such maps shall constitute precise plans, shall be based on adopted elements of the master plan, and shall be prepared and adopted in accordance with procedures provided by law pertaining to precise plans.

(§ 1, Ord. 341)

Sec. 8-4.03. - Official street map.

The official street map shall show all public streets and alleys within the City, together with their names, widths of rights-of-way, actual or established centerlines, monuments which have been set to establish such right-of-way or centerlines, and other data related to the widths and locations of such streets and alleys.

(§ 2, Ord. 341)

Sec. 8-4.04. - Official street map; inclusion of or references to other maps.

Future width line maps and official plan line maps may be included upon the official street map or may be individual maps to which reference is made on the official street map by appropriate symbols or other designations.

(§ 3, Ord. 341)

Sec. 8-4.05. - Future width line maps.

(a)

Future width line maps shall show the land areas required for future street widening in accordance with the master plan by lines precisely dimensioned from existing right-of-way lines or from actual or established

centerlines.

(b)

Future width line maps shall show the land areas required for future streets or for street extensions or realignments in accordance with the master plan by precisely dimensioned land boundaries and ties to existing monuments, existing street lines, or existing property lines or corners.

(§§ 4 and 5, Ord. 341)

Sec. 8-4.06. - Variances from provisions.

Variances from the provisions of this chapter may be approved in cases of unusual hardship which would result from the strict application of such regulations. Upon the receipt of a written request for a variance, the Planning Commission shall, within 45 days, consider such request and submit a report thereon to the Council. The Council shall act upon any such request within 30 days of receipt of the report thereon.

(§ 7, Ord. 341)

Sec. 8-4.07. - Violations of provisions; exceptions.

It shall be unlawful for any person to erect or construct any building or structure upon any land areas included within any adopted future width lines or official plan lines, with the exception of the following:

(a)

Street improvements, drainage structures, City or public utility lines or structures, or similar structures or installations which have first been approved by the Council;

(b)

Temporary fences and farm irrigation and drainage structures; and

(c)

Temporary buildings or structures having a value of not more than $500 as determined by the Building Inspector.

(§ 6, Ord. 341)

Sec. 8-4.08. - Public nuisances; removal.

Any building or structure erected or constructed in violation of the provisions of this chapter shall constitute a public nuisance and may be caused to be removed by the Council at the expense of the owner thereof.

(§ 8, Ord. 341)

CHAPTER 5. - ZONING PART I. - INTRODUCTION Article 1. - Basic Provisions

Sec. 8-5.101. - Title.

This chapter shall be known as the Zoning Regulations of the City of Yuba City.

(§ 8-5.101, Ord. 010-94, eff. January 5, 1995)

Sec. 8-5.102. - Purpose of the zoning regulations.

To promote and protect the public's health, safety, peace, comfort, convenience and general welfare;

To provide open space, light, air, privacy, convenience of access, aesthetic values, protection of environmental values, and protection of public and private improvements;

To facilitate and guide growth in accordance with the Yuba City Urban Area General Plan;

To protect the social and economic stability of residential, commercial and industrial activities within the City through the orderly and planned use of land.

(§ 8-5.102, Ord. 010-94, eff. January 5, 1995)

Sec. 8-5.103. - Application of zoning regulations.

(a)

No land shall be used and no building or structure shall be erected, constructed, enlarged, structurally altered, moved or used in any district shown on the district map except in accordance with the regulations established by this chapter.

(b)

In interpreting and applying the provisions of this chapter, they shall be held to be the minimum requirements for the protection and promotion of the public health, safety, peace, morals, comfort, convenience, and general welfare.

(c)

The provisions of this chapter shall apply to all ownership of land within the City, to the extent provided by law.

(§ 8-5.103, Ord. 010-94, eff. January 5, 1995)

Sec. 8-5.104. - Issuance of certificates of occupancy.

No building or structure constructed, erected, altered, or moved on a lot shall be occupied or used until a certificate of occupancy, showing that such use of the lot or building is in conformity with provisions of this chapter, is issued by the Chief Building Inspector.

(§ 8-5.104, Ord. 010-94, eff. January 5, 1995)

Sec. 8-5.105. - Districts established.

The City is hereby divided into the following districts:

(§ 8-5.105, Ord. 010-94, eff. January 5, 1995; § 1, Ord. 07-95, eff. August 31, 1995)

Sec. 8-5.106. - District map.

The boundaries of the districts shall be as shown on the district map of the City. Such map, and all amendments, changes, and extensions thereof, and all legends, symbols, notations, references, and other matters shown thereon, shall be on file in the office of the City Clerk and the office of the Planning Director.

(§ 8-5.106, Ord. 010-94, eff. January 5, 1995)

Sec. 8-5.107. - District map; adoption.

The boundaries of the districts shown on the district map, or amendments thereto, are hereby adopted, and all the regulations of this chapter with respect to the several districts delineated thereon, together with all references and information shown thereon, are hereby established and declared to be in effect upon all lands included within the boundaries of the several districts delineated upon the district map.

The district map, for convenience, may be divided into parts, and each such part may, for purposes of more readily identifying areas within such district map, be subdivided into units, and each such unit may be separately used for purposes of amending the district map or for any official reference to the district map. Such map, and each such part and unit, and the notations, references, and other information shown thereon, shall be as much a part of this chapter as if the matters and information set forth by such map were all fully described in this chapter.

(§ 8-5.107, Ord. 010-94, eff. January 5, 1995)

Sec. 8-5.108. - Application of preannexation zoning.

The City may apply preannexation zoning to unincorporated property located within the area defined by the Yuba City Urban Area General Plan Land Use Map. The preannexation zoning process shall comply with the provisions of Article 72 of this chapter.

(§ 8-5.108, Ord. 010-94, eff. January 5, 1995)

Sec. 8-5.109. - Annexed territory.

Territory annexed to the City shall be automatically added to the district map and shall be classed the same as the preannexation zone, effective on the date of annexation.

(§ 8-5.109, Ord. 010-94, eff. January 5, 1995)

Sec. 8-5.110. - Uncertainty of boundaries.

When uncertainty exists as to the boundaries of any district as shown on the district map, the following rules apply:

(a)

Where such boundaries are indicated as approximately following highway, street, or alley lines, such lines shall be construed to be such boundaries.

(b)

In the case of a district boundary dividing a lot, the location of such boundaries, unless they are indicated by dimensions, shall be determined by the use of the scale appearing on the district map.

(c)

Where a public street or alley or parcel of land is officially vacated, the regulations of abutting properties shall apply to such vacated street, alley, or land.

(d)

In case of further uncertainty, the Planning Commission shall determine the location of boundaries.

(e)

Any other land not included in any district shall be classed as being in the One-Family Residence District (R-1).

(§ 8-5.110, Ord. 010-94, eff. January 5, 1995)

Sec. 8-5.111. - Uncertainty of uses.

The list of uses within each district is representative of the expected uses, and is not intended to be a complete list of every possible use. Where a proposed land use is not specifically listed by a district, the Planning Director may determine that the use is a permitted use, or the use is permitted if a use permit is first secured, if the following findings can be made:

(a)

The proposed use is similar in character and impact to a listed use; and

(b)

The proposed use will be treated in the same manner as the listed use, including determining where it is allowed, what permits are required and what standards must be met for its establishment.

(§ 8-5.111, Ord. 010-94, eff. January 5, 1995)

Sec. 8-5.112. - Fees.

The City Council may establish by resolution, and may amend and revise from time to time, fees for processing the various applications authorized or required by the title. All fees shall be paid at the time an application is filed and no processing shall commence until such fee is paid in full.

(§ 8-5.112, Ord. 010-94, eff. January 5, 1995)

Sec. 8-5.113. - Conflicts with other laws and agreements.

(a)

When conflicts occur between the regulations of this chapter and the Building Code or other regulations effective in the City, the more restrictive of any such regulations shall apply.

(b)

It is not intended by the provisions of this chapter to interfere with or annul any easements, covenants, or other agreements between parties; provided, however, when the provisions of this chapter impose a greater restriction upon the use of buildings or premises or upon spaces than are imposed or required by such easements, covenants, or agreements, the provisions of this chapter shall govern.

(§ 8-5.113, Ord. 010-94, eff. January 5, 1995)