Sections:

Sections:

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

1.

"Airport" means the Carson Airport;

2.

"Airport hazard" means any structure or tree or use of land which obstructs the air space 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;

3.

"Airport hazard area" means any area of land or water upon which an airport hazard might be established if not prevented as provided in this chapter;

4.

"Landing area" means the area of the airport used for the landing, taking off or taxiing of aircraft;

5.

"Airport reference point" means a marked point in the aircraft landing area, which reference point is identified on the attached map, and indicated by a monument set in the ground at said reference point;

6.

"Person" means any individual, firm, co-partnership, corporation, company, association, joint stock association, or body politic, and includes any trustee, receiver, assignee or other similar representative thereof;

7.

"Structure" means any object constructed or installed by man including, but without limitation, buildings, towers,. smokestacks, and overhead wires and other line;

8.

"Nonconforming use" means any structure, tree or use of land which does not conform to a regulation prescribed in this chapter or any amendment thereto, as of the effective date of such regulation;

9.

"Tree" means any object of natural growth;

10.

"Airport zoning map" attached hereto and made a part of this chapter;

11.

"Engineer" means the Carson City engineer or other acting in this capacity.

1.

For the purpose of this chapter all of the land lying within the colored area on the Carson Airport approach and clear zone layout is hereby divided into six (6) types of zones as follows:

a.

"L," horizontal surface (colored green on the zone map)

b.

"AA," approach surface (colored blue on the zone map).

c.

"LT," landing transitional surface (colored red on the zone map).

d.

"T," clear zone (colored yellow on the zone map).

e.

"AT," approach transitional surface (colored orange on the zone map).

f.

"C," conical surface (colored brown on the zone map).

2.

The boundaries of these zones are hereby established as shown on the map entitled "Carson Airport Zoning Map," dated January 30, 1967, which is filed in the offices of the Carson City clerk and engineer and hereby made a part hereof, and said zones comprise the airport hazard area.

1.

Except as otherwise provided in this chapter, no structure or tree shall be erected, altered, allowed to grow, or maintained in any zone created by this chapter to a height in excess of the elevations indicated on said airport zoning map, or any elevations computed in the same manner as those indicated. It is the intent of this chapter that all such computations be made in accordance with change to Part 77, Federal Aviation Regulations, issued May 1, 1965, by the office of the Administrator of FAA, Department of Commerce, United States of America.

2.

Except for those areas designated as approach zones or clear zones on the airport approach and clear zone layout, the height limitations herein established shall not restrict the erection, alteration or maintenance of any structure or tree to an elevation of less than twenty-five feet (25') above the natural ground level.

1.

No church, school, hospital, theater, drive-in theater, racetrack or similar place of public assembly shall be permitted within the following distances of the airport runway centerline (as extended):

a.

One-quarter (¼) mile from the side of laterally thereto.

b.

One-half (½) mile from the end of any runway; this restricted area shall extend in width one-quarter (¼) mile on both sides of the extended centerline.

2.

Notwithstanding any other provisions of this chapter, no use may be made of land within any zone created by this chapter in such a manner as to create electrical interference with radio communication between the airport and aircraft, make it difficult for flyers to distinguish between airport lights and others, result in glare in the eyes of flyers using the airport, impair visibility in the vicinity of the airport, or otherwise endanger the landing, taking off, or maneuvering of aircraft.

Within a radius of eight (8) miles from the airport reference point, no airport shall be established unless a permit therefor shall have been applied for and granted, in accordance with the provisions of this chapter.

1.

The regulations prescribed by this chapter shall not be construed to require the removal, lowering or other change or alteration of any structure or tree not conforming to these regulations as of the effective date thereof, or otherwise interfere with the continuance of any such nonconforming use except those determined by the board to be an airport hazard, in which event the board shall require their removal.

2.

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 chapter, and is diligently prosecuted and completed within one (1) year thereafter, unless the board determines the use to be an airport hazard in which event the board shall require its removal.

1.

The engineer is hereby designated the administrative agency charged with the duty of administering and enforcing the regulations prescribed herein, Applications for permits shall be made to the engineer upon forms furnished by him.

2.

Such applications shall be promptly considered by the engineer, and if determined by him to conform to the provisions of this chapter, a permit shall be issued.

3.

If the proposed use, structure or tree does not conform to the regulations herein prescribed, the permit shall be denied.

1.

Exceptions to the spacing requirements hereinbefore provided in this section may be granted by the board upon receipt of proper application, but only after public hearing duly held in accordance with the provisions of this chapter and where owing to special conditions, the board duly finds that a literal enforcement of these provisions would result in unnecessary hardship and such exception would not be contrary to the public interest.

2.

Prior to granting of any such exception, the board shall, for the purpose of study and recommendation, refer the matter to the FAA, the Carson City regional planning commission, and to any aviation commission having jurisdiction in the area affected.

3.

If any of the aforementioned bodies to whom the matter shall have been referred does not within forty-five (45) days transmit a report to the board, then it shall be deemed to have approved the proposal; provided, however, that upon request of any said body, the board shall grant a reasonable extension of such time.

4.

In granting such exception, the board shall impose special conditions which will ensure that the public interest is maintained.

1.

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

2.

Each such application shall indicate the purpose for which the permit is desired, with sufficient particularity to permit it to be determined whether the proposed use, structure or tree would conform to the regulations herein prescribed.

3.

If such determination is in the affirmative, the permit shall be granted.

1.

Before any existing use or structure may be replaced, substantially altered or repaired, or rebuilt within any zone hereby created, and before any tree may be replanted or allowed to grow higher than the limits established for its location under Sections 16.02.020 and 16.02.030 hereof, a permit must be secured authorizing same.

2.

No permit shall be granted that would allow the establishment or creation of an airport hazard or permit a nonconforming use, structure or tree to be made or become higher, or become a greater hazard to air navigation, than it was on the effective date of this chapter, or than it is when the application for a permit is made.

1.

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 for a variance from such regulations upon the form furnished by said board.

2.

Such variance shall be allowed where it is duly found that 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 this chapter.

Any permit or variance granted hereunder may, if such action is deemed advisable to effectuate the purpose of this chapter and reasonable in the circumstances, be so conditioned as to require the owner of the structure or tree in question to permit Carson City at its own expense, to install, operate and maintain thereon such markers and lights as may be necessary to indicate to flyers the presence of an airport hazard.

1.

Any person aggrieved, or taxpayer affected by any decision of the engineer made in his administration of this chapter, may appeal directly to the board.

2.

All appeals hereunder must be taken within thirty (30) days by filing with the engineer and with the board a notice of appeal specifying the grounds thereof. The engineer shall forthwith transmit to the board all the papers constituting the record upon which the action appealed from was taken.

3.

An appeal shall stay all proceedings in furtherance of the action appealed from, unless the engineer certifies to the board, after the notice of appeal has been filed with it, that by reason of the facts stated in the certificate a stay would, in his opinion, cause immediate peril to life or property. In such case, proceedings shall not be stayed otherwise than by order of the board on notice to the engineer and on due cause shown.

4.

The board shall fix a reasonable time for the hearing of the appeal, giving public notice and due notice to the parties in interest, and decide the same within a reasonable time. Upon the hearing, any party may appear in person or by agent or by attorney.

5.

The board may, in conformity with the provisions of this chapter, reverse or affirm, wholly or partly, or modify the order, requirement, decision or determination appealed from and may make such order, requirement, decision or determination as ought to be made, and to that end shall have all the powers of the engineer.

6.

The concurring vote of a majority of the members of the board shall be sufficient to reverse any order, requirement, decision or determination of the engineer, or to decide in favor of the applicant on any matter upon which it is required to pass under this chapter, or to effect any variation in this chapter.

The engineer, or any person aggrieved, or any taxpayer affected by any decision of the board made under the provisions of this chapter may file within thirty (30) days from the rendition of such decision in the office of the clerk of the district court of Carson City, a verified petition setting forth and specifying the ground for review upon which the petition relies and designating the decision sought to be reviewed. The clerk shall forthwith cause written notice of such appeal to be served upon the board.

The board may institute in any court of competent jurisdiction an action to prevent, restrain, correct or abate any violation of this chapter, or of any order or ruling made in connection therewith as provided by law.

In the event of any conflict between the requirements of this chapter and any other regulations applicable to the same area, the more stringent limitation or requirement shall govern and prevail.

If any of the provisions of this chapter or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or 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.

As used in this chapter, "temporary landing area" means any area of land, water, parking lot, rooftop or other site or structure which is used temporarily for the landing and takeoff of helicopters or other rotary-wing aircraft and for which a helicopter special use permit has not been issued.

(Ord. 1982-37 § 1 (part), 1982).

1.

It is unlawful to land any helicopter or other rotary-wing aircraft upon, or takeoff from, any site or structure within Carson City except:

a.

The Carson City Airport;

b.

Any heliport for which a special use permit has been issued in accordance with the provisions of CCMC Chapter 18.05; or

c.

Any temporary landing area for which a short-term permit has been issued in accordance with the provisions of this chapter.

2.

Any person convicted of violating this section is guilty of a misdemeanor and shall be punished as provided in CCMC 1.08.010.

3.

This section shall not apply to emergency landings and takeoffs, or to aircraft owned and operated by the federal government.

(Ord. 1982-37 § 1 (part), 1982).

1.

The public works department may issue a short-term permit to use a temporary landing area for a maximum period of not more than three (3) consecutive days if it determines that the requested use will not create an unreasonable hazard to persons or property in the vicinity of the proposed temporary landing area.

2.

Application for a short-term permit must be made to the public works department at least fifteen (15) days prior to the time for which the permit is sought.

3.

If the application for a short-term permit is denied by the public works department, the applicant shall be advised of the reasons for the denial and of his right to appeal the decision to the board of supervisors.

(Ord. 1982-37 § 1 (part), 1982).