Pursuant to the authority conferred by the Airport Approaches Zoning Law of the state of California, the city council deems it necessary to create an airport zoning ordinance for the purpose of promoting the health, safety and general welfare of the inhabitants of the city by preventing the creation or establishment of airport hazards, thereby protecting the lives and property of the users of the municipal airport 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 therein.

(Ord. 125 §1, 1956).

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

A.

"Airport" means the Corning municipal 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.

"Landing area" means the area of the airport used for the landing, taking off or taxiing of aircraft. That portion of the municipal airport which is bounded on the north by a line running east and west the full width of the airport, the parallel to and six hundred feet north of the north line of Blackburn Avenue in the city, on the west and east sides by the airport boundaries, and on the south by Blackburn Avenue, shall not be considered landing area.

D.

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

E.

"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.

F.

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

G.

"Tree" means any object of natural growth.

(Ord. 125 §2, 1956).

In order to carry out the purposes of this chapter, that land bounded on the north by the south end of the landing area of the airport, on the south by the southerly city limits, and on the east and west by lines extended southerly from the east and west boundaries of the airport is designated as the airport approach zone.

(Ord. 125 §3, 1956).

Except as otherwise provided in this chapter, no structure or tree shall be erected, altered, allowed to grow, or maintained in the airport approach zone to a height in excess of the height limit established in this chapter. The airport approach zone shall have a maximum height limit of fifteen feet at a distance of six hundred feet south of the landing area. The maximum allowable height shall be increased in step-ups of five feet for each two-hundred-foot segment added to the six hundred feet of distance from the end of the landing area, to a maximum of one hundred fifty feet.

(Ord. 125 §4, 1956).

Any person desiring to erect any structure, 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 city council, or if a city planning commission shall have been formed, to the planning commission for a variance therefrom. When it has been determined that there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of this chapter, the city council or planning commission shall have the power to vary or modify any of the rules, regulations, or provisions contained in this chapter, so that the spirit of the chapter shall be observed, public welfare secured and substantial justice done.

(Ord. 125 §5, 1956).

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 grow to a height in violation of the provisions of this chapter, the same is declared a public nuisance. It shall be the duty of the city attorney 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 city attorney shall enjoin such person from maintaining the same.

(Ord. 125 §7, 1956).

The building inspector is designated the administrator charged with the duty of administering and enforcing the regulations described in this chapter.

(Ord. 125 §6, 1956).