This chapter is adopted pursuant to the authority conferred by California State Airport Approaches Zoning Law. It is found that an airport hazard endangers the lives and property of users of Redding Municipal Airport, and property or occupants of land in its vicinity, and also, if of the obstruction type, in effect reduces the size of area available for the landing, takeoff, and maneuvering of aircraft, thus tending to destroy or impair the utility of Redding Municipal Airport and the public investment therein. Accordingly, it is declared:

A.

That the creation or establishment of an airport hazard is a public nuisance and an injury to the region served by the Redding Municipal Airport;

B.

That it is necessary in the interest of the public health, public safety, and general welfare that the creation or establishment of airport hazards be prevented; and

C.

That the prevention of these hazards should be accomplished, to the extent legally possible, by the exercise of the police power without compensation.

It is further declared that both the prevention of the creation or establishment of airport hazards and the elimination, removal, alteration, mitigation, or marking and lighting of existing airport hazards are public purposes for which political subdivision may raise and expend public funds and acquire land or interests in land.

(Ord. 515 § 1 Exh. A (part), 1987)

As used in this chapter, unless the context otherwise requires:

A.

"Airport" means the Redding Municipal Airport.

B.

"Airport elevation" means the highest point of an airport's usable landing area measured in feet from mean sea level.

C.

"Airport hazard" means any structure or object of natural growth located on or in the vicinity of a public airport, or any use of land near such airport, which obstructs the airspace required for the flight of aircraft in landing or takeoff at such airport or is otherwise hazardous to such landing or takeoff of aircraft.

D.

"Airport reference point" means the point established as the approximate geographic center of the airport landing area and so designated.

E.

"Airport zoning commission" means a commission consisting of the members of the city of Anderson planning commission.

F.

"Approach, Transitional, Horizontal, and Conical Zones. These zones apply to the area under the approach, transitional, horizontal, and conical surfaces defined in Federal Aviation Regulation, Part 77.

G.

"Board of adjustment" means a board consisting of the city council of the City of Anderson.

H.

Height. For the purpose of determining the height limits in all zones set forth in this chapter and shown on the zoning map, the datum shall be mean sea level elevation unless otherwise specified.

I.

"Nonconforming use" means any preexisting structure, object or natural growth, or use of land which is inconsistent with the provisions of this chapter or an amendment thereto.

J.

"Person" means an individual, firm, partnership, corporation, company, association, joint stock association, or governmental entity. It includes a trustee, receiver, assignee, or similar representative of any of them.

K.

"Precision instrument runway" means a runway having an existing instrument approach procedure utilizing an Instrument Landing System (PAR). It also means a runway for which a precision approach system is planned and is so indicated on an FAA approved airport layout plan or any other FAA planning document.

L.

"Primary surface" means a surface longitudinally centered on a runway. When the runway has a specially prepared hard surface, the primary surface extends two hundred feet beyond each end of that runway; but when the runway has no specially prepared hard surface, or planning hard surface, the primary surface of a runway will be that width prescribed in Part 77 of the Federal Aviation Regulations (FAR) for the most precise approach existing or planned for either end of that runway. The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway centerline.

M.

"Runway" means a designated area on an airport prepared for landing and takeoff of aircraft along its length.

N.

"Stol primary surface" means an imaginary plane, three hundred feet wide, centered on the runway. Its length extends one hundred feet beyond each runway end. The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway centerline.

O.

"Structure" means an object constructed or installed by man, including, but without limitation, buildings, towers, smokestacks, earth formation, and overhead transmission lines.

P.

"Tree" means any object of natural growth.

Q.

"Utility runway" means a runway that is constructed for and intended to be used by propeller-driven aircraft of twelve thousand five hundred pounds maximum gross weight and less.

R.

"Visual runway" means a runway intended solely for the operation of aircraft using visual approach procedures with no straight-in-instrument approach procedure and no instrument designation indicated on an FAA approved airport layout plan or by any planning document submitted to the FAA by competent authority.

(Ord. 515 § 1 Exh. A (part), 1987)

In order to carry out the provisions of this chapter, there are created and established certain zones which include all of the land lying within the approach zones, transitional zones, horizontal zones, and conical zones as they apply to a particular airport. Such zones are shown on Redding municipal airport hazard zoning map consisting of one sheet, prepared by the Shasta County Planning commission, and dated January, 1973, which is attached to the ordinance codified in this title, one copy of which is on file in the city planning department, and made a part thereof. An area located in more than one of the following zones is considered to be only in the zone with the more restrictive height limitation. The various zones are established and defined as follows:

A.

Precision Instrument Runway Approach Zone. The inner edge of this approach zone coincides with the width of the primary surface and is one thousand feet wide. The approach zone expands outward uniformly to a width of sixteen thousand feet at a horizontal distance of five thousand feet from the primary surface. Its centerline being the continuation of the centerline of the runway.

B.

Visual Runway Approach Zone. The inner edge of this approach zone coincides with the width of the primary surface and is five hundred feet at the horizontal distance of five thousand feet from the primary surface. Its centerline being the continuation of the centerline of the runway.

C.

Transitional Zones. These zones are established as the area beneath the transitional surfaces. These surfaces extend outward and upward at ninety degree angles to the runway centerline extended at a slope of seven feet horizontally for each foot vertically from the sides of the primary and approach surfaces. Transitional zones for those portions of the precision approach zones which project through and beyond the limits of the conical surface, extend a distance of five thousand feet measured horizontally from the edge of the approach zones and at ninety degree angles to the extended runway centerline.

D.

Horizontal Zone. The horizontal zone is established by swinging arcs of ten thousand feet radii from the center of each end of the primary surface of each runway, and connecting the adjacent arcs by drawing lines tangent to those arcs. The horizontal zone does not include the approach and transitional zones.

E.

Conical Zone, the conical zone is established as the area that commences at the periphery of the horizontal zone and extends outward therefrom a horizontal distance of four thousand feet. The conical zone does not include the precision instrument approach zones and the transitional zones.

(Ord. 515 § 1 Exh. A (part), 1987)

Except as otherwise provided in this chapter, no structure or tree shall be erected, altered, allowed to grow, or be maintained in any zone created by this chapter to a height in excess of the applicable height limit herein established for such zone. Such applicable height limitations are established for each of the zones in question as follows:

A.

Precision instrument runway approach zone: Slopes upward fifty feet horizontally for each foot vertically beginning at the end of and at the same elevation as the primary surface and extending to a horizontal distance of ten thousand feet along the extended runway centerline; thence slopes upward forty feet horizontally for each foot vertically to an additional horizontal distance of forty thousand feet along the extended runway centerline.

B.

Visual runway approach zone: Slopes upward twenty feet horizontally for each one foot vertically beginning at the end of and at the same elevation as the primary surface and extending to a horizontal distance of five thousand feet along the extended runway centerline.

C.

Transitional zones: slopes upward and outward seven feet horizontally for each foot vertically beginning at the sides of and at the same elevation as the primary surface and the approach zones, and extending to a height of one hundred fifty feet above the airport elevation which is five hundred feet above mean sea level. In addition to the foregoing, there are established height limits sloping upward and outward seven feet horizontally for each foot vertically beginning at the sides of and at the same elevation as precision instrument runway approach surface, and extending to a horizontal distance of five thousand feet measured at ninety degree angles to the extended runway centerline.

D.

Horizontal zone: one hundred and fifty feet above the airport elevation or a height of six hundred fifty feet above mean sea level.

E.

Conical zone: slopes upward and outward twenty feet horizontally for each foot vertically beginning at the periphery of the horizontal zone and at one hundred fifty feet above the airport elevation and extending to a height of three hundred fifty feet above the airport elevation.

F.

Excepted Height Limitations. Nothing in this chapter shall be construed as prohibiting the growth, construction, or maintenance of any tree or structure to a height upon to fifty feet above the surface of the land.

Where an area is covered by more than one height limitation, the more restrictive limitation shall prevail.

(Ord. 515 § 1 Exh. A (part), 1987)

Notwithstanding any other provisions of this chapter, no use may be made of land or water within any zone established by this chapter in such a manner as to create electrical interference with navigational signals or radio communications between the airport and aircraft, make it difficult for pilots to distinguish between airport lights and others, result in glare in the eyes of pilots using the airport, impair visibility in the vicinity of the airport or otherwise in any way create a hazard or endanger the landing, takeoff, or maneuvering of aircraft intending to use the airport.

(Ord. 515 § 1 Exh. A (part), 1987)

A.

Regulations Not Retroactive. The regulations prescribed by this chapter shall not be construed to require the removal, lowering, or other changes or alteration of any structure or tree not conforming to the regulations as of the effective date of this chapter, or otherwise interfere with the continuance of a nonconforming use. Nothing contained herein shall require any change in the construction, alteration, or intended use of any structure, construction or alteration of which was begun prior to the effective date of this chapter, and is diligently prosecuted.

B.

Marking and Lighting. Notwithstanding the preceding provision of this section, the owner of any existing nonconforming structure or tree is required to permit the installation, operation, and maintenance thereon of such markers and lights as shall be deemed necessary by the county to indicate to the operators of aircraft in the vicinity of the airport, the presence of such airport hazards. Such markers and lights shall be installed, operated, and maintained at the expense of the city of Redding.

(Ord. 515 § 1 Exh. A (part), 1987)

A.

Future Uses. No material change shall be made in the use of land and no structure or tree shall be erected, altered, planted, or otherwise established in any zone hereby created unless a permit therefor shall have been applied for and granted.

1.

However, a permit for a tree or structure of less than seventy-five feet of vertical height above the ground shall not be required in the horizontal conical zones or in any approach and transitional zones beyond a horizontal distance of four thousand two hundred feet from each end of the runway except when such tree or structure, because of terrain, land contour, or topographic features, would extend above the height limit prescribed for the respective zone.

2.

Each application for a permit shall indicate the purpose for which the permit is desired with sufficient particulars to determine whether the resulting use, structure, or tree would conform to the regulations herein prescribed. If such determination is in the affirmative, the permit shall be granted.

B.

Existing Uses. no permit shall be granted that would allow the establishment or creation of any airport hazard or permit a nonconforming use, structure or tree to become a greater hazard to air navigation than it was on the effective date of this chapter or any amendments thereto or than it is when the application for a permit is made. Except as indicated, all applications for such a permit shall be granted.

C.

Nonconforming Uses Abandoned or Destroyed. Whenever the county determines that a nonconforming tree or structure has been abandoned or more than eighty percent torn down, physically deteriorated, or decayed, no permit shall be granted that would allow such structure or tree to exceed the applicable height limit or otherwise deviate from the zoning regulations.

D.

Variances. Any person desiring to erect or increase the height of any structure, or permit the growth of any tree, or use his property not in accordance with the regulations prescribed in this chapter, may apply to the board of adjustment for a variance from such regulations. Such variances shall be allowed where it is duly found that a literal application or enforcement of the regulations would result in practical difficulty or unnecessary harship and relief granted would not be contrary to the public interest but will do substantial justice and be in accordance with the spirit of this chapter.

E.

Hazard Marking and Lighting. Any permit or variance granted may, if such action is deemed advisable to effectuate the purpose of this chapter and be reasonable in the circumstances, be so conditioned as to require the owner of the structure or tree in question to permit the city of Redding, at the expense of the permittee, to install, operate and maintain thereon such markers and lights as may be necessary to indicate to pilots the presence of any airport hazard.

(Ord. 515 § 1 Exh. A (part), 1987)

Where there exists a conflict between any of the regulations or limitations prescribed in this chapter and any other regulations applicable to the same area, whether the conflict be with respect to the height of structures or trees, the use of land, or any other matter, the more stringent limitation or requirement shall govern and prevail.

(Ord. 515 § 1 Exh. A (part), 1987)

If any of the provisions of this chapter or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions of applications of the chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are declared to be severable.

(Ord. 515 § 1 Exh. A (part), 1987)