Appendix II
AIRPORT ZONING ORDINANCE
Editor’s note. – This appendix consists of Ordinance No. 274, the county’s airport approach zoning ordinance, passed and adopted April 19, 1961. A uniform system of capitalization and punctuation have been employed and catchlines have been supplied those sections and subsections not having an official catchline. Some figures have been written out in words and a frontal analysis has been added for the convenience of the user.
As to county zoning ordinance generally, see Appendix I of this volume.
4. Zones enumerated; airport zoning map approved and adopted.
5. Zone boundaries; height limits.
ORDINANCE NO. 274
AIRPORT APPROACHES ZONING ORDINANCE
AN ORDINANCE REGULATING AND RESTRICTING THE HEIGHT OF STRUCTURES AND ALSO OF OBJECTS OF NATURAL GROWTH, AND OTHERWISE REGULATING THE USE OF AIR SPACE IN THE VICINITY OF THE COLUSA COUNTY AIRPORT BY CREATING AIRPORT APPROACH ZONES, TURNING ZONES, TRANSITION ZONES AND ESTABLISHING THE BOUNDARIES THEREOF; PROVIDING FOR CHANGES IN THE RESTRICTIONS AND BOUNDARIES OF SUCH ZONES; DEFINING CERTAIN TERMS USED HEREIN; PROVIDING FOR ENFORCEMENT AND PRESCRIBING PENALTIES FOR THE VIOLATION THEREOF.
THE BOARD OF SUPERVISORS OF THE COUNTY OF COLUSA DO ORDAIN AS FOLLOWS:
1 Purpose.
Pursuant to the authority conferred by Article XI, Section 11, of the California Constitution, the board of supervisors of the county of Colusa, state of California, deem it necessary to create an “Airport Approaches Zoning Ordinance” for the purpose of promoting the health, safety and general welfare of the inhabitants of the county of Colusa, by preventing the creation or establishment of airport hazards, thereby protecting the lives and property of the users of the Colusa County Airport and of the occupants of the land in its vicinity and preventing destruction and impairment of the utility of the airport and the public investment therein.
2 Short title.
This ordinance shall and may be cited as the “Colusa County Airport Zoning Ordinance of the county of Colusa.”
3 Definitions.
As used in this ordinance, unless the context otherwise requires:
(a) “Airport” means the Colusa County Airport.
(b) “Airport hazard” 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 the airport or is otherwise hazardous to such landing or taking off of aircraft.
(c) “City or county” means any city, county or city and county.
(d) “Landing area” means the area of the airport used for the landing, take-off, or taxiing of aircraft.
(e) “Nonconforming use” means any structure, tree, or use of land which does not conform to a regulation prescribed in this ordinance or an amendment thereto, as of the effective date of such regulations.
(f) “Person” means any individual, firm, co-partnership, corporation, company, association, joint stock association, city, county or district and includes any trustee, receiver, assignee.
(g) “Planning commission” means the county planning commission of the county of Colusa, state of California.
(h) “Structure” means any object constructed or installed by man, including, but without limitation, buildings, towers, smokestacks, and overhead lines.
(i) “Tree” means any object of natural growth.
4 Zones enumerated; airport zoning map approved and adopted.
In order to carry out the purposes of this ordinance, all of the land within the boundaries of the Colusa County Airport and within eight thousand feet (8,000') of the center of the landing area of the airport, is hereby divided into inner turning zones, outer turning zones, transition zones and runway approach zones, the boundaries of which are shown on the Colusa County Airport Zoning Map approved by the California Aeronautics Commission on December 12, 1960.
The Colusa County Airport Zoning Map is hereby approved as the official map for such zoning purposes and shall be on file in the office of the county clerk and the same is hereby made a part of this ordinance, subject to amendments thereof made pursuant to law from time to time. Such amendments shall be entered on the official map and the same shall be maintained up to date at all times.
5 Zone boundaries; height limits.
Zone boundaries. In order to carry out the purpose of this ordinance, the boundaries of the zones provided for in section 4 shall be as set forth in the Colusa County Airport Zoning Map, a copy of which shall be on file in the office of the Colusa County clerk. Said map shall be available for examination at all times that said office is open for business.
Height limits. Except as otherwise provided in this ordinance, no structure shall be erected, altered or maintained, in any airport approach zone, transition zone, or turning zone to a height in excess of the height limit herein established for each zone. For purposes of determining these height limits as hereinafter specified, the U. S. Coast and Geodetic Survey has established the official elevation reference to be forty-six (46) feet and all height limits will begin at said elevation. For purposes of this regulation, the following height limits are hereby established for each of the zones in question:
(a) Inner turning zone, one hundred fifty (150) feet.
(b) Outer turning zone, one hundred fifty (150) feet at the inner perimeter and increasing in height at the ratio of 20:1 to the outer perimeter.
(c) Runway approach zone, thirty-one (31) and thirteen (13) as designated on said Colusa County Airport shall not exceed a height greater than permitted by a 20 to 1 glideslope, and in no event to exceed one hundred fifty (150) feet.
(d) Transition zones: The height to be determined within the boundaries of the transition zone by reference to Colusa County Airport Zoning Map at a ratio of 7:1 commencing at the boundary of the landing area.
(e) For additional runways.
6 Use restrictions.
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, 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 the airport, or otherwise endangering the landing, take-off or maneuvering of aircraft.
7 Nonconforming uses.
The regulations prescribed in sections 5 and 6 of this ordinance 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 the effective date hereof, or otherwise interfere with the continuance of any nonconforming use. Nothing herein contained shall require any change in the construction, alteration or intended use of any structure, the construction or alteration of which was begun prior to the effective date of this ordinance, and is diligently prosecuted and completed within a reasonable time thereof.
8 Administrative agency.
The county planning commission of the county of Colusa is hereby designated the administrator charged with the duty of administering and enforcing the regulations herein described. The duties of the planning commission shall include that of reviewing and deciding all applications for permits and variances under sections 9 and 10 of this ordinance.
As to county planning commission generally, see §§ 2-33, 2-34 of this Code.
9 Permits.
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 the effective date of this ordinance, or than it is when the application for a permit is made. Except as provided herein, 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.
As to building permits generally, see §§ 5-1 to 5-3 of this Code.
10 Variances.
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 article, 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 ordinance; 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 ordinance.
As to variances under the county zoning ordinance, see § 16 of Appendix I of this volume.
11 Violations.
In the event any person should erect, construct, move, alter or attempt to erect, construct, move or alter any structure or allow any tree to exceed a height, in violation of the provisions of this ordinance, the same is hereby declared a public nuisance, and it shall be the duty of the district attorney of the county of Colusa 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.
12 Penalty.
Any person violating any provisions of this ordinance shall be guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not more than five hundred and no/100 dollars ($500.00) or by imprisonment for a term not exceeding six months, or by both such fine and imprisonment. Such 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, continued or permitted by such person and shall be punishable as herein provided.
13 Conflicting regulations.
Where this ordinance 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 ordinance shall govern.
14 Validity.
Should any section or part of a section, clause or provision of this ordinance be declared by any court to be invalid, the same shall not affect the validity of the ordinance as a whole or any part thereof, other than the part so declared to be invalid.
15 Notice.
This ordinance shall be published once in the Colusa Sun-Herald within fifteen (15) days after its passage; and shall take effect thirty days after the date it is signed by the chairman of the board of supervisors of the county of Colusa.
PASSED AND ADOPTED at a meeting of the Board of Supervisors of the County of Colusa, this 19th day of April, 1961.
AYES: Supervisors H. H. Fendt, Sheldon E. Morris, F. B. Smith, Chas. V. Dennis.
NOES: None.
ABSENT: Supervisor Chas. M. Woods.
CHAS. V. DENNIS, Chairman of the Board of Supervisors of the County of Colusa, State of California.
ATTEST:
LOLA EVERETT, County Clerk and Ex officio Clerk of the Board of Supervisors of the County of Colusa, State of California.