The ordinance codified in this chapter shall be known and may be cited as the "airport zoning ordinance of the county of Lassen."
(Ord. 467 § 46, 1984)
Note: Prior ordinance history: Ord. 382.
Pursuant to the authority conferred by Article XI, Section 11, of the California Constitution, the board of supervisors include provisions creating an "airport approaches zoning plan" for the purpose of promoting the health, safety and general welfare of the inhabitants of the county by preventing the creation or establishment of airport hazards, thereby protecting the lives and property of the users of the Susanville Municipal Airport, Westwood Airport, and Herlong Airport, and of the occupants of the land in the vicinity thereof and preventing destruction and impairment of the utility of each of these airports and the public investment therein.
(Ord. 467 § 46, 1984)
As used in this chapter, unless the context otherwise requires:
means any of the following: Susanville Municipal Airport, Westwood Airport, Herlong Airport.
means any structure or tree or use of land which 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.
means any city, county or city and county.
means the area of an airport used for the landing, takeoff, or taxiing of aircraft.
means any structure, tree or use of land which does not conform to a regulation prescribed in this chapter or an amendment thereto, as of the effective date of such regulations.
means any individual, firm, copartnership, corporation, company, association, joint stock association, city, county or district and includes any trustee, receiver or assignee.
means the county planning commission of the county.
means any object constructed or installed by man, including, but without limitation, buildings, towers, smokestacks and overhead lines.
means any object of natural growth.
(Ord. 467 § 46, 1984)
(a)
In order to carry out the purposes of this chapter, all of the land within the boundaries of the airports defined in this chapter and within two miles of the landing area of each of these airports, is divided into horizontal zones, conical zones, transition zones and runway approach zones, boundaries of which are shown on zoning maps 13, 14, and 15, specifying airport approach controls for the Westwood Airport, Herlong Airport and Susanville Municipal Airport, respectively, which maps were approved by the California Aeronautics Board on August 23, 1967.
(b)
Airport approach control zoning maps 13, 14, and 15, are approved as the official maps for such zoning purposes as to the respective airports to which they refer and shall be on file in the office of the county recorder and the county engineer and are made a part of this chapter, subject to amendments thereof made pursuant to law from time to time. Such amendments shall be entered on the official maps and maintained up to date at all times.
(Ord. 467 § 46, 1984)
In order to carry out the purpose of this title, the boundaries of these zones provided for in Section 18.132.040 shall be as set forth in the airport approach control zoning maps 13, 14, and 15, copies of which shall be on file in the office of the county recorder and the county engineer. These maps shall be available for examination at all times that either of these offices is open for business.
(Ord. 467 § 46, 1984)
(a)
Except as otherwise provided in this chapter, no structure shall be erected, altered or maintained, in any airport approach zone, transition zone or conical zone to a height in excess of the height limit established in this chapter for each zone. For purposes of determining these height limits as specified in this section, the United States Coast and Geodetic Survey has established the official elevation references of the airports as follows:
(b)
All height limits referring to each of these airports will begin at each official elevation reference. For purposes of this regulation, the height limits are established as set forth in Sections 18.132.070 through 18.132.090 for each of the zones in question.
(Ord. 467 § 46, 1984)
Susanville Municipal Airport, (elevation reference four thousand one hundred fifty-two feet) zone regulations shall be as follows:
(1)
Horizontal zone, one hundred fifty feet;
(2)
Conical zone, one hundred fifty feet at the inner perimeter and increasing in height at the ratio of twenty to one to the outer perimeter;
(3)
Runway approach zone northwest and southeast as designated on airport approach zoning map 15 shall not exceed a height greater than permitted by a forty to one glideslope and in no event to exceed one hundred fifty feet;
(4)
Runway approach zones west and east as designated on airport approach control zoning map 15 shall not exceed a height greater than permitted by a forty to one glideslope and in no event to exceed one hundred fifty feet;
(5)
Transition zone height shall be determined within the boundaries of the transition zone by reference to airport approach control zoning map 15 at a ratio of seven to one commencing at the boundary of the landing area.
(Ord. 467 § 46, 1984)
Westwood Airport, (elevation reference five thousand one hundred feet), zone regulations shall be as follows:
(1)
Horizontal zone, one hundred fifty feet;
(2)
Conical zone, one hundred fifty feet at the inner perimeter and increasing in height at the ratio of twenty to one to the outer perimeter;
(3)
Runway approach zone northeast and southwest as designated on airport approach control zoning map 13 shall not exceed a height greater than permitted by a twenty to one glideslope and in no event to exceed one hundred fifty feet;
(4)
Transition zone height shall be determined within the boundaries of the transition zone by reference to airport approach control zoning map 13 at a ratio of seven to one commencing at the boundary of the landing area.
(Ord. 467 § 46, 1984)
Herlong Airport, (elevation reference four thousand forty feet), zone regulations shall be as follows:
(1)
Horizontal turning zone, one hundred fifty feet;
(2)
Conical zone, one hundred fifty feet at the inner perimeter and increasing in height at the rate of twenty to one to the outer perimeter;
(3)
Runway approach zone east and west as designated on airport approach control zoning map 14 shall not exceed a height greater than permitted by a twenty to one glideslope and in no event exceed one hundred fifty feet;
(4)
Transition zone height shall be determined within the boundaries of the transition zone by reference to airport approach control zoning map 14 at the ratio of seven to one commencing at the boundary of the landing area.
(Ord. 467 § 46, 1984)
No use may be made of land within any airport approach zone, airport turning zone (horizontal zone or conical zone), or airport transition zone, in such a manner as to create electrical interference with radio communication between the airport and aircraft, making it difficult for pilots to distinguish between airport lights and other lights, resulting in glare in the eyes of the pilots using the airport, impairing visibility in the vicinity of an airport, or otherwise endangering the landing, takeoff or maneuvering of aircraft.
(Ord. 467 § 46, 1984)
The regulations prescribed in Sections 18.132.050 through 18.132.100 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 October 25, 1967 hereof, or otherwise interfere with the continuance of any 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 October 25, 1967, and is diligently prosecuted and completed within a reasonable time thereof.
(Ord. 467 § 46, 1984)
The planning commission is designated the administrator charged with the duty of administering and enforcing the regulations described in this chapter. The duties of the planning commission include that of reviewing and deciding all applications for permits and variances under Sections 18.132.130 and 18.132.140.
(Ord. 467 § 46, 1984)
Before any nonconforming structure or tree may be replaced, substantially altered or repaired, rebuilt, allowed to grow higher, or replanted, a permit must be secured from the planning commission. No permit shall be granted that would allow the establishment or creation of an airport hazard or permit a nonconforming structure or tree or nonconforming use to be made or become higher or become a greater hazard to air navigation than it was on October 25, 1967, or than it is when the application for a permit is made. Except as provided in this chapter, all applications for permits shall be granted. No such permit shall be required to make maintenance repairs to or to replace parts of existing structures which do not enlarge or increase the height of the existing structure.
(Ord. 467 § 46, 1984)
Any person desiring to erect any structure, or increase the height of any structure, or permit the growth of any tree, or otherwise use his property in violation of airport zoning regulations adopted under this chapter, may apply to the planning commission for a variance from the zoning regulations in question. Such variances shall be allowed where a literal application or enforcement of the regulations would result in practical difficulty or unnecessary hardship and the relief granted would not be contrary to the public interest but do substantial justice and be in accordance with the spirit of the regulations and this chapter; provided, that any variance may be allowed subject to any reasonable conditions that the planning commission may deem necessary to effectuate the purpose of this chapter.
(Ord. 467 § 46, 1984)
In the event any person erects, constructs, moves, alters or attempts to erect, construct, move or alter any structure or allow any tree to exceed a height, in violation of the provisions of this chapter, the same is declared a public nuisance, and it shall be the duty of the district attorney of the county 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 bring and prosecute an action to enjoin such person from maintaining same.
(Ord. 467 § 46, 1984)
Where this chapter imposes a greater or more stringent restriction upon the use of land than is imposed or required by any other ordinance or regulation, the provisions of this chapter shall govern.
(Ord. 467 § 46, 1984)