This chapter shall be known and may be cited as the Buchanan Field airport zoning ordinance of Contra Costa County.

(Ord. 84-56 § 2: prior code § 8210: Ord. 976).

Under the authority conferred by the Conservation and Planning Act of the state of California and in conformity with regulations and standards of the Civil Aeronautics Administration of the United States Department of Commerce, the board of supervisors deems it necessary to create an Airport zoning chapter to promote the health, safety and general welfare of the inhabitants of this county by preventing the creation or establishment of airport hazards, thereby protecting the lives and property of the users of the Contra Costa County Airport (Buchanan Field) 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 in it, in accordance with and as a part of the comprehensive master plan of airports of this county.

(Prior code § 8211: Ord. 976).

As used in this chapter, unless the context otherwise requires, the following words and phrases shall have the meanings given in this section:

(1)

"Airport" means the Contra Costa County Airport, Buchanan Field.

(2)

"Airport hazard" means any structure, tree, or use of land which obstructs the airspace required for the flight of aircraft in landing or taking off at the airport or which is otherwise hazardous to the landing or take-off of aircraft.

(3)

"Landing area" means the area of the airport used for the landing, take-off, or taxiing of aircraft.

(4)

"Noncommercial" use means any structure, tree, or use of land which does not conform to a regulation prescribed in this chapter, as of the effective date of the regulation.

(5)

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

(6)

"Structure" means any object constructed or installed by man, including, but not limited to, buildings, towers, smokestacks, and overhead transmission lines.

(7)

"Tree" means any object of natural growth.

(Prior code § 8212: Ord. 976).

The provisions of this chapter shall apply only in areas within the airport approach zones, turning zones, and transition zones within the unincorporated limits of the county.

(Prior code § 8223: Ord. 976).

In the event of conflict between this chapter and any other regulations applicable to the same area or parcel of land, whether the conflict be with respect to the height of structures or trees, the use of land, or any other matter and whether the other regulations were adopted by the county or by some other public agency, the more stringent limitations or requirements shall govern.

(Prior code § 8224: Ord. 976).

In order to carry out the purposes of this chapter, all of the land outside the boundaries of the Contra Costa County Airport (Buchanan Field) and within approximately two miles of the landing area of the airport is divided into airport approach zones, airport turning zones, airport transition zones, and airport clear zones, the boundaries of which are shown on the "Airport Zoning Plan for Buchanan Field, Contra Costa County, California," adopted under Title 7 of the Government Code and the "Airport Approaches Zoning Law" of the state of California.

A map entitled "The Airport Zoning Plan for Buchanan Field, Contra Costa County, California," is referred to, and included herein to the same effect as though it were at this place set forth, and is made a part of this chapter.

(Prior code § 8213: Ord. 976).

* The map adopted by reference in this section was adopted and published in the regular manner, but is not printed with this code. A copy of this map is available for public inspection in the county planning department.

Except as otherwise provided in this chapter, no structure or tree shall be erected, altered, allowed to grow, or maintained in any airport approach zone, airport turning zone, or airport transition zone to a height greater than the height limit established in this section for that zone. For the purpose of this regulation, the following height limits are established for each zone:

(1)

Approach Zones Nos. one, two, three, and four shall have a maximum height limit of twenty feet at a distance of one thousand feet from the end of the runway. The maximum allowable height shall be increased in step-ups of five feet each for every two hundred foot segment added to the one thousand foot distance from the end of the runway, to a maximum height of one hundred fifty feet.

(2)

Approach Zones Nos. five and six shall have a maximum height limit of twenty feet at a distance of six hundred feet from the end of the runway. The maximum allowable height shall be increased in step-ups of five feet each for every hundred foot segment added to the six hundred foot distance from the end of the runway, to a maximum height of one hundred fifty feet.

(3)

All turning zones shall have a maximum height limit of one hundred fifty feet, except that portion of the turning zone marked on the Airport Zoning Plan for Buchanan Field, Contra Costa County, California, as "not included in turning zone."

(4)

All transition zone areas shall have the maximum height limit indicated on the airport zoning plan for Buchanan Field, Contra Costa County, California.

(Prior code § 8214: Ord. 976).

Notwithstanding any other provisions of this chapter, no use shall be made of land within any airport approach zone, airport turning zone, or airport transition zone in a manner to:

(1)

Create electrical interference with radio communication between the airport and aircraft;

(2)

Make it difficult for flyers to distinguish between airport lights and other lights;

(3)

Result in glare in the eyes of the flyers using the airport;

(4)

Impair visibility in the vicinity of the airport;

(5)

Otherwise endanger the landing, take-off, or maneuvering of aircraft.

(Prior code § 8215: Ord. 976).

The regulations prescribed in Sections 86-4.014 and 86-4.016 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 February 9, 1956, or otherwise interfere with the continuance of any nonconforming use. Nothing contained in this chapter shall require any change in the construction, alteration, or intended use of any structure, the construction or alteration of which was begun before February 9, 1956, and is diligently prosecuted and completed within two years.

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 board of adjustment authorizing the replacement, change, or repair. 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 February 9, 1956, or than it was when the application for permit is made. Except as provided in this section, all applications for permits shall be granted. No 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.

(Prior code § 8216: Ord. 976).

Any person desiring to erect any structure, increase the height of any structure, permit the growth of any tree, or otherwise use the person's property otherwise than is required in this chapter may apply to the board of adjustment for a variance from the regulation. The variance 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 chapter. Any variance may be subjected to reasonable conditions that the administrative agency may deem necessary to effectuate the purpose of this chapter.

(Ord. No. 2024-23, § III(Exh. A), 12-3-24; Prior code § 8217: Ord. 976).

Any variance granted under Sections 86-4.018 or 86-4.020, if the action is deemed advisable to effectuate the purpose of this chapter and reasonable in the circumstances, may be conditioned to require the owner of a structure or tree to permit the county, at its own expense, to install, operate, and maintain thereon the markers and lights necessary to indicate to flyers the presence of an airport hazard.

(Prior code § 8219: Ord. 976).

In addition to the powers delegated in Section 86-4.020, the planning commission shall have the following specific powers:

To make changes in the restrictions and boundaries of the zones established in this chapter, in accordance with the procedure prescribed for amendments and reclassification in Title 7 of the Government Code of the state of California.

(Prior code § 8218: Ord. 976).

The building inspector shall administer and enforce this chapter. The duties of the building inspector shall include that of reviewing all applications for building permits within the approach zones, turning zones, and transition zones of the Contra Costa County Airport (Buchanan Field), but the building inspector shall not have or exercise any of the powers or duties delegated to the planning commission.

(Prior code § 8220: Ord. 976).

If any person erects, constructs, moves, alters, or attempts to erect, construct, move, or alter any structure or allows any tree to grow to a height in violation of this chapter, the condition is declared a public nuisance. The district attorney, when ordered by the board of supervisors, shall bring and prosecute an action in any court of competent jurisdiction to enjoin that person from continuing the erection, construction, moving, alteration, or growth, or if the erection, construction, moving, alteration, or growth is being or has been accomplished, the district attorney, when ordered by the board of supervisors, shall bring action to enjoin that person from maintaining the nuisance.

(Prior code § 8221: Ord. 976).

This chapter shall be known and may be cited as the airport land use ordinance of Contra Costa County.

(Ord. 84-56 § 1 (part): prior code § 8200: Ord. 525).

This chapter is adopted under the Conservation and Planning Act of the State of California and Sections 26027 and 26028 of the Government Code of the State of California, to provide for the establishment of airports and heliports as conforming uses in suitable areas in the unincorporated territory of this county. The board of supervisors deems it necessary to create an airport land use zoning chapter to promote the health, safety and general welfare of the inhabitants of this county by preventing the creation or establishment of airport hazards, thereby protecting the lives and property of the users of public and private airports and heliports and of the occupants of the land in the vicinity of these aviation facilities.

(Ord. 84-56 § 1 (part): prior code § 8201: Ord. 525).

Unless otherwise specifically provided, or required by the context, the terms defined in this article have these meanings for the purposes of this chapter.

(Ord. 84-56 § 1 (part)).

"Airport" means any area of land or water designed and set aside for the landing and taking off of aircraft.

(Ord. 84-56 § 1 (part)).

"Public use airport" means a publicly or privately owned airport that allows or offers the use of its facilities by or to the public without prior notice or special invitation or clearance.

(Ord. 84-56 § 1 (part)).

"Private use airport" means a privately owned airport not open to the general public.

(Ord. 84-56 § 1 (part)).

"Expansion" means any construction of a new runway or the extension or realignment of an existing runway, addition of ancillary uses, change from private to public use, or the addition of airplane hangars, tie-downs, or other storage facilities.

(Ord. 84-56 § 1 (part)).

"Aircraft" means any manned contrivance used or designed for navigation of, or flight in, the air including, but not limited to, fixed wing, auto-gyro, ultra-lights, experimental aircraft, blimps and gliders. Manned lighter-than-air balloons shall not be considered aircraft.

(Ord. 84-56 § 1 (part)).

"Heliport" means any area of land, water or structure, set aside for the landing and taking off of helicopters.

(Ord. 84-56 § 1 (part)).

Article 86-2.6. Planning Commission

When proposed in its territorial area of jurisdiction, the involved county or area planning commission shall:

(1)

Hear and formulate recommendations to the board on applications for approval of construction plans, for the purposes of compliance with Government Code § 21661.5 (regarding approval of construction plans) and applications for approval of land acquisition plans for the purposes of compliance with Government Code §21661.6 (regarding acquisition of unincorporated territory by a public agency for expansion of an existing publicly owned airport).

(2)

Hear and decide all requests for land use permits under this chapter.

(Ord. 84-56 § 1 (part)).

Article 86-2.8. Location

(a)

Notwithstanding the provisions of Division 82, an airport or heliport may be located within any area zoned agricultural (A- ), light industrial (L-I), heavy industrial (H-I), water-recreational (F-1), planned unit development (P-1), unrestricted (U), or controlled manufacturing (C-M).

(b)

The board finds that areas not zoned as specified in this section are not suitable for airports, heliports or aviation facilities.

(Ord. 84-56 § 1 (part): prior code § 8203: Ord. 525).

County-owned or city-owned airports and heliports are exempt from the permit requirements of this chapter. Heliports operated by public agencies for the maintenance and protection of the general health, safety and welfare of the residents of Contra Costa County are exempt from the permit and location requirements of this chapter.

(Ord. 84-56 § 1 (part)).

Article 86-2.10. Permits

No person shall establish, maintain or expand an airport or heliport in this county without first obtaining a land use permit. Except as provided in this chapter, no airport or heliport use is lawful until a land use permit for it has been approved by the planning commission.

(Ord. 84-56 § 1 (part)).

Applications may be made for this chapter's land use permits where the involved land and premises are covered by the regulations of Divisions 82 and 84 and located in the A- , L-1, H-1, F-1, P-1, U or C-M zoning districts.

(Ord. 84-5 6 § 1 (part)).

All applications for permit approval shall include the following:

(1)

Scale drawings and plans showing:

(A)

Airport or heliport layout plans indicating proposed runways, taxiways, aircraft tie-down areas, hangars, and other proposed buildings and improvements,

(B)

The boundary of the site, existing topography, grading proposed to accommodate airport construction and improvements, and the distance to nearby structures and utility lines;

(2)

A vicinity map showing the airport or heliport location on a USGS quadrangle map and any other airport locations within three miles;

(3)

A written description of the length of runways, the number and type of aircraft to be based at the airport or heliport, hours of operation, any proposed lighting, and whether the airport is proposed for public use or private use.

(Ord. 84-56 § 1 (part)).

Pursuant to this chapter, the involved planning commission shall review land use permit applications for approval, modification or denial in public hearing pursuant to and otherwise regulated by the land use permit provisions of Chapters 26-2 and 82-6.

(Ord. 84-56 § 1 (part)).