1. This subchapter is adopted pursuant to the authority conferred by the General Laws of the state.
2. It is hereby found that an obstruction has the potential for endangering the lives and property of users of the Auburn Municipal Airport and property or occupants of land in its vicinity; that an obstruction may affect existing and future instrument approach minimums of the Auburn Municipal Airport; and that an obstruction may reduce the size of areas available for the landing, takeoff and maneuvering of aircraft, thus tending to destroy or impair the utility of the Auburn Municipal Airport and the public investment therein.
3. Accordingly, it is declared:
   1. The creation or establishment of an obstruction has the potential of being a public nuisance and may injure the region served by the Auburn Municipal Airport;
   2. It is necessary in the interests of the public health, public safety and general welfare that the creation or establishment of obstructions that are a hazard to air navigation be prevented; and
   3. The prevention of the obstructions should be accomplished to the extent legally possible by the exercise of the police power without compensation.
4. It is further declared that the prevention of the creation or establishment of hazards to air navigation, the elimination, removal, alteration or mitigation of hazards to air navigation, or the marking and lighting of obstructions are public purposes for which a political subdivision may raise and expend public funds and acquire land or interests in land.

(1973 Code, § 9-4.1901) (Ord. 757, eff. 10-8-1980)

This subchapter shall be known and may be cited as the "Auburn Municipal Airport Zoning Law."

(1973 Code, § 9-4.1902) (Ord. 757, eff. 10-8-1980)

For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

AIRPORT. The Auburn Municipal Airport.

AIRPORT ELEVATION. One thousand, five hundred thirty-one feet above the mean sea level.

AIRPORT INFLUENCE AREA/REFERAL AREA. An area, as identified in the adopted Airport Land Use Compatibility Plan, in which current or future airport-related noise, overflight, safety, or airspace protection factors may significantly affect land uses or necessitate restrictions on those uses. The Airport Influence Area constitutes the Referral Area within which certain Airport Actions and Land Use Actions are subject to Placer County Airport Land Use Commission review to determine consistency with the policies herein.

APPROACH SURFACE.

1. A surface longitudinally centered on the extended runway center line, extending outward and upward from the end of the primary surface and at the same slope as the approach zone height limitation slope set forth in § 158.143.
2. In plan, the perimeter of the approach surface coincides with the perimeter of the approach zone.

APPROACH, TRANSITIONAL, HORIZONTAL AND CONICAL ZONES. The zones set forth in § 159.143.

CONICAL SURFACE. A surface extending outward and upward from the periphery of the horizontal surface at a slope of 20 to 1 for a horizontal distance of 4,000 feet.

HAZARD TO AIR NAVIGATION. An obstruction determined to have a substantial adverse effect on the safe and efficient utilization of the navigable airspace.

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

HORIZONTAL SURFACE. A horizontal plane 150 feet above the established airport elevation, the perimeter of which in plan coincides with the perimeter of the horizontal zone.

NON-CONFORMING USE. Any pre-existing structure, object of natural growth or use of land which is inconsistent with the provisions of this subchapter or an amendment thereto.

OBSTRUCTION. Any structure, growth or other object, including a mobile object, which exceeds a limiting height set forth in § 159.144.

PERSON. An individual, firm, partnership, corporation, company, association, joint stock association or governmental entity and shall include a trustee, a receiver, an assignee or a similar representative of any of them.

PRIMARY SURFACE. A surface longitudinally centered on a runway. When the runway has a specially prepared hard surface, the primary surface extends 200 feet beyond each end of the runway. The width of the primary surface is set forth in § 159.143. The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway center line.

RUNWAY. A defined area on an airport prepared for the landing and takeoff of aircraft along its length.

STRUCTURE. An object, including a mobile object, constructed or installed by man, including, but without limitation, buildings, towers, cranes, smokestacks, earth formations and overhead transmission lines.

TRANSITIONAL SURFACES. Surfaces which extend outward at 90-degree angles to the runway center line and the runway center line extended at a slope of 7 feet horizontally for each foot vertically from the sides of the primary and approach surfaces to where they intersect the horizontal and conical surfaces.

TREE. Any object of natural growth.

UTILITY RUNWAY. A runway that is constructed for and intended to be used by propeller driven aircraft of 12,500 pounds maximum gross weight and less.

VISUAL RUNWAY. A runway intended solely for the operation of aircraft using visual approach procedures.

(1973 Code, § 9-4.1903) (Ord. 757, eff. 10-8-1980)

1. In order to carry out the provisions of this subchapter, there are hereby created and established certain zones which include all of the land lying beneath the approach surfaces, transitional surfaces, horizontal surfaces and conical surfaces as they apply to the Airport. The zones are shown on the Auburn Municipal Airport Zoning Map, consisting of 1 sheet, prepared by the Department of Public Works and dated March 26, 1980, which is made a part of this subchapter by reference. An area located in more than 1 of the following zones shall be considered to be only in the zone with the more restrictive height limitation.
2. The various zones are hereby established and defined as follows:
   1. Utility Runway Visual Approach Zone. The inner edge of the Utility Runway Visual Approach Zone coincides with the width of the primary surface and is 250 feet wide. The approach zone expands outward uniformly to a width of 1,250 feet at a horizontal distance of 5,000 feet from the primary surface. Its center line is the continuation of the center line of the runway.
   2. Transitional Zones. The Transitional Zones are the areas beneath the transitional surfaces.
   3. Horizontal Zone. The Horizontal Zone is established by swinging arcs of 5,000 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.
   4. 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 4,000 feet.

(1973 Code, § 9-4.1904) (Ord. 757, eff. 10-8-1980)

1. Except as otherwise provided in this subchapter, no structure shall be erected, altered or maintained and no tree shall be allowed to grow, in any zone created by this subchapter to a height in excess of the applicable height limit established for the zone.
2. The applicable height limitations are hereby established for each of the zones in question as follows.
   1. Utility Runway Visual Approach Zone. Slopes 20 feet outward for each foot upward beginning at the end of and at the same elevation as the primary surface and extending to a horizontal distance of 5,000 feet along the extended runway center line.
   2. Transitional Zones. Slopes 7 feet outward for each foot upward beginning at the sides of and at the same elevation as the primary surface and the approach surface and extending to a height of 150 feet above the airport elevation which is 1,331 feet above the mean sea level. In addition, there are established height limits sloping 7 feet outward for each foot upward beginning at the sides of and at the same elevation as the approach surface and extending to where they intersect the conical surface.
   3. Horizontal Zone. Established at 150 feet above the airport elevation or at a height of 1,331 feet above the mean sea level.
   4. Conical Zone. Slopes 20 feet outward for each foot upward beginning at the periphery of the horizontal zone and at 150 feet above the airport elevation and extending to a height of 350 feet above the airport elevation.
   5. Excepted height limitations. Nothing in this subchapter shall be construed as prohibiting the construction or maintenance of any structure, or the growth of any tree, to a height up to 50 feet above the surface of the land.

(1973 Code, § 9-4.1905) (Ord. 757, eff. 10-8-1980)

Notwithstanding any other provision of this subchapter, no use may be made of land or water within any zone established by this subchapter in 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, create bird strike hazards or otherwise in any way endanger or interfere with the landing, takeoff or maneuvering of aircraft intending to use the airport.

The criteria contained within the adopted Placer County Airport Land Use Compatibility Plan shall be used to determine if a proposed use of land or water is compatible with the airport operations.

(1973 Code, § 9-4.1906) (Ord. 757, eff. 10-8-1980)

1. Regulations not retroactive. The regulations prescribed by this subchapter 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 October 8, 1980, or otherwise interfere with the continuance of a nonconforming use. Nothing contained in this subchapter 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 8, 1980, and is diligently prosecuted.
2. Marking and lighting. Notwithstanding the provisions of division (A) above, the owner of any existing nonconforming structure or tree is hereby required to permit the installation, operation and maintenance thereon of the markers and lights as shall be deemed necessary by the Planning Director to indicate to the operators of aircraft in the vicinity of the airport the presence of the airport obstruction. The markers and lights shall be installed, operated and maintained at the expense of the city.

(1973 Code, § 9-4.1907) (Ord. 757, eff. 10-8-1980; Am. Ord. 88-3, eff. 5-11-1988)

1. Future Uses. Except as specifically provided in divisions (A)(1), (2) and (3) below, no material change shall be made in the use of land, no structure shall be erected or otherwise established, and no tree shall be planted in any zone created by this subchapter unless a permit therefor shall have been applied for and granted. Each application for a permit shall indicate the purpose for which the permit is desired, with sufficient particularity to permit it to be determined whether the resulting use, structure or tree would conform to the regulations prescribed in this subchapter. Any application requiring a discretionary review permit shall be reviewed for compliance with the Placer County Airport Land Use Compatibility Plan. If the determination is in the affirmative, the permit shall be granted. No permit for a use inconsistent with the provisions of this subchapter shall be granted unless a variance has been approved in accordance with division (D) below.
   
   1. In the area lying within the limits of the Horizontal Zone and Conical Zone, no permit shall be required for any tree or structure less than 75 feet of vertical height above the ground, except when, because of terrain, land contour or topographic features, the tree or structure would extend above the height limits prescribed for the zones.
   2. In areas lying within the limits of the approach zones, but at a horizontal distance of not less than 4,200 feet from each end of the runway, no permit shall be required for any tree or structure less than 75 feet of vertical height above the ground, except when the tree or structure would extend above the height limits prescribed for the approach zones.
   3. In the areas lying within the limits of the Transitional Zones beyond the perimeter of the Horizontal Zone, no permit shall be required for any tree or structure less than 75 feet of vertical height above the ground, except when the tree or structure, because of terrain, land contour or topographic features, would extend above the height limits prescribed for the Transitional Zones. Nothing contained in any of the exceptions set forth in this division shall be construed as permitting or intending to permit any construction or alteration of any structure, or growth of any tree, in excess of any of the height limits established by this subchapter, except as set forth in § 159.144.
2. Existing uses. No permit shall be granted which would allow the establishment or creation of an obstruction or permit a non-conforming use, structure, or tree to become a greater hazard to air navigation than it was on October 8, 1980, or on the effective date of any amendment to this subchapter, or than it is when the application for a permit is made. Except as indicated, all applications for the permits shall be granted.
3. Nonconforming uses abandoned or destroyed. Whenever the Director of Public Works determines that a nonconforming tree or structure has been abandoned or more than 80% torn down, physically deteriorated or decayed, no permit shall be granted which would allow the structure or tree to exceed the applicable height limit or otherwise deviate from the zoning regulations.
4. Variances. Any person desiring to erect or increase the height of any structure, or permit the growth of any tree, or use property not in accordance with the regulations prescribed in this subchapter may apply to the Commission for a variance from the regulations pursuant to the provisions set forth in §§ 159.420et seq. The application for a variance shall be accompanied by a determination from the Federal Aviation Administration as to the effect of the proposal on the operation of air navigation facilities and the safe, efficient use of navigable airspace. The variances shall be allowed where it is duly found that a literal application or enforcement of the regulations will result in unnecessary hardship and relief granted, will not be contrary to the public interest, will not create a hazard to air navigation, will do substantial justice, and will be in accordance with the spirit of this article. Additionally, no application for a variance to the requirements of this subchapter may be considered by the Commission or, on appeal, the Council, unless a copy of the application has been furnished to the Airport Manager for advice as to the aeronautical effects of the variance. If the Airport Manager does not respond to the application within 15 days after receipt, the Commission or, on appeal, the Council, may act on its own to grant or deny the application.
5. Obstruction marking and lighting. Any permit or variance granted, if the action is deemed advisable to effectuate the purposes of this subchapter and be reasonable in the circumstances, may be so conditioned as to require the owner of the structure or tree in question to install, operate and maintain, at the owner's expense, the markings and lights as may be necessary. If deemed proper by the Commission or, on appeal, the Council, the condition may be modified to require the owner to permit the Public Works Department, at its own expense, to install, operate and maintain the necessary markings and lights.

(1973 Code, § 9-4.1908) (Ord. 757, eff. 10-8-1980)

It shall be the duty of the Director of Public Works to administer and enforce the regulations prescribed in this subchapter. Applications for permits and variances shall be made to the Director of Public Works upon a form published for the purpose. Applications required by this subchapter to be submitted to the Director of Public Works shall be promptly considered and granted or denied.

(1973 Code, § 9-4.1909) (Ord. 757, eff. 10-8-1980)

1. The Commission shall have and exercise the following powers:
   1. To hear and decide appeals from any order, requirement, decision or determination made by the Director of Public Works in the enforcement of this subchapter;
   2. To hear and decide special exceptions to the terms of this subchapter upon which the Commission may be required to pass; and
   3. To hear and decide specific variances.
2. The Commission shall make written findings of facts and conclusions of law giving the facts upon which it acted and its legal conclusions from the facts in reversing, affirming or modifying any order, requirement, decision or determination which comes before it under the provisions of this subchapter.
3. The concurring vote of a majority of the members of the Commission shall be sufficient to reverse any order, requirement, decision or determination of the Director of Public Works, or to decide in favor of the applicant on any matter upon which the Commission is required to pass under this article, or to effect variations to this subchapter.

(1973 Code, § 9-4.1910) (Ord. 757, eff. 10-8-1980)

Any person aggrieved by any decision of the Director of Public Works in the administration of this subchapter may appeal to the Planning Commission pursuant to Chapter 162 of this Municipal Code. The decision of the Planning Commission may be further appealed in the same manner.

(1973 Code, § 9-4.1911) (Ord. 757, eff. 10-8-1980; Am. Ord. 09-02, eff. 4-8-2009)

Any person aggrieved, or any taxpayer affected, by any decision of the Commission or, on appeal, the Council, may further appeal to the Superior Court as provided in the laws of the state.

(1973 Code, § 9-4.1912) (Ord. 757, eff. 10-8-1980)