§ 8-3

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

(§ 2, Ord. 448)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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