The purpose of the Airport Approach Height (H) combining district is to minimize aviation hazards by regulating land uses, restricting the height of buildings and vegetation, and specifying design criteria necessary to promote aviation safety and to implement the requirements of the adopted airport land use compatibility plan. The H district may be applied to areas within the vicinity of any public or general-use airport as provided for in the airport land use compatibility plan. The standards established by the H district shall be in addition to the regulations of the base district with which the H district is combined.

(Ord. G-7482 § 88, 2007: prior code § 7175.01)

Permitted uses in an H district are those uses permitted by the base district with which the H district is combined, except as provided for in this chapter.

(Ord. G-7482 § 89, 2007: prior code § 7175.02)

Uses permitted with a conditional use permit in an H district are those conditional uses permitted by the base district with which the H district is combined and those uses specified below that are otherwise permitted in the applicable base district that warrant discretionary review and approval to ensure that those uses can be established in such a manner as to minimize risks to aviation and promote public health and safety.

Within airport land use compatibility zone "A," as specified in the adopted airport land use plan, buildings are not permitted, and all proposed uses of land shall require the approval of a conditional use permit pursuant to Chapter 19.104 of this title.

Within airport land use compatibility zones "B-1" and "B-2," as specified in the adopted airport land use plan, the following uses, if permitted in the underlying base zoning district, shall require the approval of a conditional use permit pursuant to Chapter 19.104 of this title:

— Child-care centers

— Rehabilitation facilities

— Retail commercial buildings exceeding ten thousand (10,000) square feet of gross building area

— Food or beverage manufacturing or bottling facilities

— Hotels and motels

— Any multifamily residential, commercial, or industrial building with more than two (2) stories above the native ground level

— Sports arenas and amusement complexes

— Commercial shopping centers exceeding five (5) gross acres in size

— Auditoriums, movie theaters, and community centers

— Residential community care facilities with over six (6) residents

Within airport land use compatibility zone "C," as specified in the adopted airport land use plan, the following uses, if permitted in the underlying base zoning district, shall require the approval of a conditional use permit pursuant to Chapter 19.104 of this title:

— Child-care centers designed to accommodate more than fifty (50) children

— Any multifamily residential, commercial, or industrial building with more than four (4) stories above the native ground level.

(Ord. G-7482 § 90, 2007: prior code § 7175.03)

Prohibited uses in an H district are those uses prohibited by the base district with which the H district is combined and any other use listed below that has been determined to be incompatible within certain compatibility zones as set forth in the adopted airport land use compatibility plan. No use shall be established or maintained on any land included within an H district in such a manner as to create significant electrical interference with radio communications between the airport and aircraft or which make it more difficult for pilots to distinguish between airport lights and other lighting. No use shall be made of any land that impairs pilot visibility of runways or which otherwise endangers the landing, take off, or maneuvering of aircraft.

Within airport land use compatibility zones "B-1," "B-2," and "C," as specified in the adopted airport land use compatibility plan, the following uses, even if otherwise permitted in the underlying base zoning district, are prohibited:

— Public* and private schools

— Hospitals

— Nursing homes, rest homes, or retirement homes

* The acquisition and/or development of a school site within any of the airport land use compatibility zones specified in this subsection is inconsistent with the applicable general or specific plan.

(Ord. G-7482 § 91, 2007; prior code § 7175.04)

Minimum lot size requirements in an H district are per the requirements of the base district with which the H district is combined.

(Prior code § 7175.05)

Requirements for minimum lot area per dwelling unit in an H district are per the requirements of the base district with which the H district is combined.

(Prior code § 7175.06)

Yard and setback requirements in an H district are per the requirements of the base district with which the H district is combined.

(Prior code § 7175.07)

No building, structure, plant or tree in an H district shall exceed thirty-five (35) feet in height, except as may be approved pursuant to Sections 19.76.130 and 19.76.140 of this chapter. However, in no case shall the height exceed the height allowed by the base zone with which the H combining district is combined.

(Prior code § 7175.08)

Requirements for minimum distance between structures in an H district are per the requirements of the base district with which the H district is combined.

(Prior code § 7175.09)

Parking requirements in an H district are per the requirements of the base district with which the H district is combined.

(Prior code § 7175.10)

Sign requirements in an H district are per the requirements of the base district with which the H district is combined.

(Prior code § 7175.11)

Landscaping requirements in an H district are per the requirements of the base district with which the H district is combined.

(Prior code § 7175.12)

A.

Exterior Lighting. All light standards shall be designed to minimize reflective glare and light-scatter. All light standards employing bare bulb illumination, including floodlighting fixtures, shall be equipped with glare shields and shall be directed downward. Light bulb outlining of buildings by means of neon tubing is permitted only where the amperage does not exceed thirty (30) milliamperes. Light bulb outlining of buildings and structures using incandescent lighting is prohibited. Exposed reflector-type lamps are prohibited. Flashing lights are prohibited, except for lighting approved by or used by a public agency to alert the public to hazardous conditions. Light standards determined to constitute a hazard to air traffic shall constitute a public nuisance and may be abated pursuant to Chapters 8.44 and 8.54 of the Kern County ordinance code.

B.

Buildings and Structures. All buildings and structures shall have nonreflective surfaces, including roofing materials and any appurtenant equipment installed on the roof of any building. Building and structure surfaces determined to constitute a hazard to air traffic shall constitute a public nuisance and may be abated pursuant to Chapters 8.44 and 8.54 of the Kern County ordinance code.

C.

Electrical or Radio Interference. No use of land within the H district shall result in significant electrical or radio interference with the essential operations of an airport or which pose a navigation hazard to aircraft. Any source of electrical or radio interference determined to constitute a hazard to air traffic shall constitute a public nuisance and may be abated pursuant to Chapters 8.44 and 8.54 of the Kern County ordinance code.

D.

Fuel Storage. The storage of more than two thousand (2,000) gallons of non-aviation liquid fuel or compressed gas within the "B-1" and "B-2" airport land use compatibility zones, as set forth in the adopted airport land use compatibility plan, shall be below ground. Within the "A" airport land use compatibility zone, all non-aviation liquid fuel or gas storage shall be below ground. These fuel storage requirements shall not apply to publicly owned airports. Additionally, the director of the Kern County airports department may waive or modify these requirements on privately owned public use airports, and any such waiver or modification shall be made in writing, a copy of which shall be transmitted to the planning director.

(Ord. G-7482 § 92, 2007)

Except for the construction of single-family dwellings and permitted residential accessory structures on existing lots of record, no use, building, structure, plant, or tree shall be established until an application for site development plan review has been submitted to and approved by the planning director in accordance with the procedures set out in Sections 19.102.070 through 19.102.120 of this chapter. Uses requiring approval of a precise development plan or conditional use permit shall not require a separate review as specified by this subsection, provided that the requirements of this chapter are incorporated into the design and approval of the applicable plan or permit.

(Ord. G-7482 § 93, 2007: Ord. G-6077 § 248, 1994: prior code § 7175.13 (part))

An application for site development plan review shall include the following:

A.

Name and address of applicant;

B.

Name(s) and address(es) of the property owner(s);

C.

Assessor's parcel number(s);

D.

Legal description of the property;

E.

For any proposed structure or vegetation that will exceed a height of thirty-five (35) feet, a letter from the Federal Aviation Administration which shall state that the proposed development does not constitute a hazard to air traffic and does not violate any federal regulations. The letter shall also include any special conditions imposed by the Federal Aviation Administration;

F.

A plot plan drawn at the scale specified by the planning director, which includes the following information:

1.

Topography and proposed grading,

2.

Proposed private access drives and parking areas,

3.

Location of all permanent buildings and structures,

4.

Park, open space and recreation areas,

5.

Proposed landscaping,

6.

North arrow;

G.

Elevations of all permanent common buildings.

Prior to the consideration of a development plan pursuant to this section, the development plan shall be submitted to the Kern County airports department and any applicable airport district or operator of a public use airport for review and comment. Comments pertaining to the development plan shall be submitted to the planning director within fifteen (15) days following the receipt of the development plan by the airports department and, if applicable, the airport district or public use airport operator. Approval of a site development plan pursuant to this chapter shall be contingent upon those conditions identified by the planning director, in consultation with the director of the Kern County airports department, any applicable Airport District, or operator of a public use airport, that are deemed necessary to minimize impacts to essential airport operations and to air traffic safety.

(Ord. G-7482 § 94, 2007; Ord. G-6077 § 249, 1994: prior code § 7175.13(A))

A.

No residential subdivision tract exceeding an overall density of one (1) dwelling unit per ten (10) acres shall be approved within an airport land use compatibility zone "B-1" and no residential subdivision tract exceeding an overall density of one (1) dwelling unit per two (2) acres shall be approved within an airport land use compatibility zone "B-2' unless:

1.

The existing general or specific plan land use designation predates the adoption of the airport land use compatibility zone (September 23, 1996); or

2.

The site qualifies as an "infill' development, as determined by the planning director, as provided in Section 2.1.4 of the airport land use compatibility zone; or

3.

A cluster plan, approved pursuant to Chapter 19.58 of this title, is approved resulting in an overall density that does not exceed the maximum permitted density specified in this section and which provides for a minimum amount of thirty percent (30%) open space of the gross acreage of the project site which shall be concentrated within the area most proximate to the extension of the applicable runway centerline.

(Ord. G-7482 § 95, 2007)