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HomeMy WebLinkAbout591 ORDINANCE NOe `~ AN ORDINANCE OF THE COUNTY OF BUTTES STATE OF CAZIFORNIAs ADOPTING AN AIRPORT AIR ZONING ORDINANCES PURSUANT TO LAW; REGULATING ANb CON- TROLLING THE USE OF PROPERTY IN THE VICINITY OF THE CHICO MUNICIPAL AIRPORT IN SAID COUNTY AND PROVIDING FOR THE ENFORCEMENT AND PRESCRIBING PENALTIES FOR TFD; VIOLATION OF ANY OF THE PROVISIONS HERFAF. The Board of Supervisors of the County of Butte; State of Cal.iforniaS DO ORDAIN AS FOLLOWSs Section 1. PurP038e The Board of Supervisors of the County of Buttes State of California, deems it necessary to create an "Airport Air Zoning Ordinance" under"and pursuant to law and particularly the provisions of Article b.5 of Chapter 2S Division 1S Title 5y of the Government Cade of the State of California, known as the ''Airport Approaohes Zoning Law"S for the purpose of promoting the healthy safety and general welfare of the in- habitants of the County of Butte by preventing the creation or establish- ment of airport hazards, thereby protecting the lives and property of the users of the Chico Municipal Airport and of the occupants of the land in its vicinity, and preventing destruction or impairment of the utility of the airport and the public investment therein in acoordance w:Lth and as a part of any future comprehensive master plan of the airports within Butte COUntye Section 2. Short Title. This ordinance sha11 be known and may be cited as~ the "Chico Airport Aar Zoning Ordir-ance1es of Butte County, Section 3e Defznitions. As used in this ordinances unless the context other~rise requiresi (l) "Airport" means the Chico Municipal Airport, (2) "Airport Hazard"' means any structure or tree or use of land which obstructs the airspace required for the flight of aircraft ~ land ing or taking off at the airport or is otherw3.se hazardous to such larsd- ing or taking~ff of aircraft. (3) 'lNon-Confo~i ~ UseTt means any structures tree or use of land which does not conform to a regulation prescribed in this ordinance or an amendment theretoS as of the effective date of such regulations. -l- ~9/ (!i.) "Person+' means any individual, firm, co-partnership, corpor- ation, aampany, association, joint stock association or body po1.3.tic, and includes any trustee, receiver, assignees or other similar representative thereof . (5) "3truature++ means any object constructed or insta]1ed by man, including but without limdtation, buildings, towers, smoke-stacks, and overhead transmission lines. (6) "Landing Area" means the area of the Airport used for the landing, take-off or taxiing of aircraft. (7) ''Tree" means any object of natural growth. (~) "Planning Commission'" means the Bsxtte County P1an~.ng Commission. (g) "Approach Zone=' means a trapezoidal area and the air above it which extends outward iri a graduated width from the end of the "lancling area" and may include property consisting of airport property and private property adjacent thereto. (10) '"Transition Zone:" An area lying adjacent to and parallel with the "landing area" and the air above it and a trapezoidal area and the air above it extending outward from the end of the "landing areare transition zone and being on 'both sides of the approach zones Transition zones may include airport property and private property adjacent thereto. (11) "Turning Zone:" A horizontal plane, circular iri shap®, with its height 150 feet above the established airport elevation and having a radius of ],3,000 feet. (12) "Conical Zones=' An area lys.ng adjacent to the returning zone" and extending upward and outward from the periphery of the horizontal sur- face with a slope of 20x1 measured in a vertical plane passing through the airport reference point.. Measured radially outward, from the periphery of the "turning zone," the conical zone extends for a horizontal distance of 7,000 feet. Section . Zones. In order to carry out the purposes of this. Ordinanee~ all the land and air above it within the boundaries of the Chico Municipal Airport and within f3.fty thousand (50,000) feet of the landing area of the airport, is_hereby divided into approach Zones tur*~~rg zones, -z- transition zorzess and conical. zones. The boundaries of and the area included within the landing areas approach zoness turning zones, transition zones and conical zones are here- by created and established .as the same are designated and delineated upon that certain ma entitled «Chico Munici al Ai ort A:a:i: n~"in Pfia ~~W?~ci~ti p p rp $4~ g: lsa ~ P is on file in the office of the Clerk of the City of Chicos including all subsequent amendments thereto' and which said map and all notations and information appeara.ng thereon is hereby adopted and made a part of this Ordinance by reference. Section 5. Height T:imits. Except as otherwise provided iri this Ordinances no structure or tree shall be ersoteds altereds allowed to grows encroaehs protrudes extend into or be maintained in any airport approach zones turning zones transition zones or conical zoned Notwithstanding anything herein to the contrarya the provision of this Ordinance shall-not be applicable to any tree or structure not ex ceeding thirty-five (35) feet in height above the natural ground elevation, The datum plane for measurement of height of trees and structures shall be based on the U.S.G.S. (means sea level) datum.. Section b. Use Restrictions. Notwithstanding any other provisions of this Ordinances no use may be made of land or the air above within any airport approach zones turning zone' transition zone or conical zone in such a manner as to create electrical interference with radio aommuni- aation between the airport and the aircrafts make it difficult for flyers to distinguish between airport lights and other lightss result in glare in the eyes of the flyers using the airports impair visibility in the vi- cinity of the airports or other~,ri.se endanger the landings takeoffs or maneuvering of aircraft. Section 7. Non-Conforming Uses. {1) The regulations prescribed in Sections 5 and 6 of this Ordi- nance shall not be construed to require the removals lowering or other change or alteration of any structure or tree not conforming to the regu- lotions as of the. effective date hereofs or otherwise interfere with the continuance of any non-coriformin~ use. Nothing herein contained shall -3- require any change in the constructions alteration or intended use of any structures the construction or alteration of which was begun prior to the effective date of this Ordinances and is diligently prosecuted and com- plated within two hears thereof. (2) Before any non-conforming structure or tree may be replaced' substantially altered or repaireds rebuilt allowed to grow highers or replanteds a permit must be secured from the Planning Commission. No per- mit shall. be granted that would allow the establishment or r:reation of an airport hazard or permit a non-conforming structure or tree or non-con- forming use to be made or become higher or become a greater hazard to air navigation than it was when the applicable regulation was adopted or than it is when the application for a permit is made. :No such perm3.t 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 e~cisting structure. Section 8. Variances. Any person desiring to erect any structures . or increase the height of any structures or permit the growth of any tree' or uae his property not an accordance with the regulations prescribed in this Ordinance may apply to the Pl.a-pni hg Cormn~.ssion for a variance there- from in accordance with the procedure prescribed in the Zoning ~3~abling Ordinance of the County of Butte, When it has been determined that there are practical difficulties or unnecessary hardships in the way of carry- ing the strict letter of this Ordinances the Planning Commission shall have the power to vary or modify any of the rules regulations or provisions contained herein so that the spirit of the Ordinance shall be observeds public welfare seeureds and substantial justice donee Section 9. ~cific Pourers. In adclition to the powers delegated in Section 8 hereofs the P'lann9nv Commission shall have the following specific powers (1) To make changes in the restrictions and boundaries of such zones as are herein establisheds in accordance with the procedure pram scribed for amendments in the Zoning Enabling Ordinance of the County of Butte. -~,_ Section 10. Hazard Marking and Li~htin~. Any variance authorized by this Ordinance may be allowed by the Planning Commission subject to any reasonable conditions that said .Planning Commission may deem necessarys and reasonable in the circumstaneesa to effectuate the purpose of this Ordinances including but not ;mated to conditioning such permit or vari- anee as to requireFthe owner of the structure or tree in question either (a) to installs operates and maintain thereons at such owner~s.okm ex pense~ such markex°s and lights as may be necessary to inclicate to flyers the presence of an airport hazard' or (b) to permit the Q6yD~}ate;:its~:~+m expenses to installs operate' and maintain thereon such markers and lights as may be necessary to indicate to flyers the presence of an air- port hazard. Section 11. Administrative Aaencv. The Zoning Administrator of the County of Butte is hereby designated the Administrator charged w~.th the duty of administering and enforcing the regulations herein described. The duties of the Zoning Administrator shalt include that of rev:°tew.ing all applications for building permits within the approach zones turning zones and transition zones of the Chico Municipal Airports but the Zoning Ad- ministrator shall. not have or exercise any of the powers or duties dele- gated to the Planning Commission. Section 12. Violation. In. the event any pex°son should erect' constructs moves alter or ,attempt to erects construct' moves or alter any structure or allow any tree to grow to a height' in violation of the pro- visions of this ordinances the same is hereby declared a public nuisance and it ~,~hall be the dut~* of the County Counsel. to bs°tr-g and. prosecute an action in any Court of competent jurisdiction to enjoin such person from continuing such erections eonstructiona movings alteration or growths or 3f such erection, constructions moving' alteration or. growth is being or has been aceomplisheds the Coanty Counsel shall enjoin such person fs°om mainta'~n~ same. Section 13. Penalty. Any person vifil.atin,g any provisions of this Ordinance shall be guilty of a misdemeanors and upon conviction thereof shall be pun3.shable by a fine of not more than X500.00 or by imprisonment .. ~ .. i.n the County Jail of the County of Butte, California, for a term not ex ceeding six months, or by both such fine and imprisonment. Suah person shall be deemed guilty of a separate offense for each and every day during any portion of which any violation of this Ordinance is committed, con- tinned or permitted by such person, and shall be punishable as herein provided. Section ]1+. T,;mitation of Jurisdiction. The provisions of this Ordinance shall only apply and be enforced on areas within airport approach zones, airport transition zones' airport turning zones, and airport conical zones within the unincorporated area of Butte County. Section 1 Conflicting Regulations. Where this Ordinance imposes a greater or more stringent restriction upon the use of land than is im- posed or required by any other Ordinance or regulation, the provisions of this Ordinance shall govern. Section 16. Ual~,_„idity. If any section, subsection, sentence, c]..ause or phrase of this Ordinanae is for any reason held by a court of competent ~ur3.sdiction to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance. The Board of Supervisors hereby declares that it would have passed this Ordinance and each secta.on, sub- section, sentence, clause and phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid. Section 17. This Ordinance shall be and it is hereby declared to be in fu71 force and effect from and after thirty (30) days after the date of its passage, and before the expiration of fifteen (15) days after its passage, this Ordinance shall ba published once, with three names of the members of the Board voting for and against it, in the ~%G~-~ a newspaper published in the County of Butte, State of California. PASSED AND ADOPTED by the Board of Supervisors of the County of Butte, State of California, this ~ ~ day of~~ , 19s) by the ` following votes -6- AYFS: Supervisors Alexander, Black, Kepple, Squires and Chairman Huggins NOES: None ABSENT: None NOT VOTING: None i ,~- K Chairma of t e Bo rd upervisorss of the County Butte, tate of California ATTEST: HARRIETT JAMES, County Clerk and Ex-officio Clerk of the Board of Supervisors of the Coun,~y of Butte, State of Cali.fo / i (/~/ By eputy _~_