Pursuant to the authority conferred by Article XI, Section 7, of the California Constitution, the Board of Supervisors of the County of Monterey, State of California, deems it necessary to create an Airport Approaches Zoning Ordinance for the purpose of promoting the health, safety, and general welfare of the inhabitants of the County of Monterey, by preventing the creation or establishment of airport hazards, thereby protecting the lives and property of the users of airports in the County of Monterey and of the occupants of the land in its vicinity and preventing destruction and impairment of the utility of the airport and the public investment therein.

This Chapter shall be known and may be cited as the Airport Approaches Zoning Ordinance of the County of Monterey.

For the purpose of this Chapter, unless the context otherwise requires, certain terms used in this Title are defined as follows:

A.

"Airport" means any area of land or water designed and set aside for the landing and taking off of aircraft and utilized be utilized in the interest of the public for such purposes.

B.

"Airport elevation" means the elevation of the airport reference point.

C.

"Airport hazard" means any structure 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.

D.

"Airport reference point" means that point at the geographical center of a public airport as defined in this Section and shown on the Airport Approaches Zoning Maps which is also the point established for determining the height limits specified in Section 21.86.060, being the official elevation reference.

E.

"City" or "County" means any city, county or city and county.

F.

"Height of structure" means the vertical distance from the average level of the highest and lowest point of that portion of the building site covered by the structure to the topmost point of the structure.

G.

"Nonconforming use" means any preexisting structure or use of land which does not conform to a regulation prescribed in this Title or an amendment thereto, as of the effective date of such regulations, but which was legal at the time it was constructed or when the use began.

H.

"Person" means any individual, firm, copartnership, corporation, company, association, joint stock association, county or district and includes any trustee, receiver, assignee.

I.

"Planning Commission" means the County Planning Commission of the County of Monterey, State of California.

J.

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

K.

"Landing area" means the area of the airport used for the landing, takeoff, or taxiing of aircraft.

L.

"Airport Land Use Commission (ALUC)" means a State authorized body existing in any county where there is an airport operated for the general public and served by an air carrier, having the responsibility to develop plans for achieving land use compatibility between airports and their environs.

A.

In order to carry out the purposes of this Chapter all land within the boundaries of airports and other lands in the vicinity of the airport are divided into Instrument Approach Z Non-Instrument Approach Zones, Transitional Zones, Horizontal Zones and Conical Zones. These zones are based on the "imaginary surfaces" found in Federal Aviation Regulation (FAR) Part 77 (Objects Affecting Navigable Airspace). The boundaries of zones are shown on the following maps:

1.

Monterey Peninsula Airport Approaches Zoning Map.

2.

Salinas Municipal Airport Approaches Zoning Map.

3.

Mesa Del Rey (King City) Airport Approaches Zoning Map.

4.

Carmel Valley Airport Approaches Zoning Map.

5.

Fritzsche Army Airfield (Fort Ord) Airport Approaches Zoning Map.

The Airport Approaches Zoning Maps and other pertinent documents are on file and available for inspection in the Monterey County Planning Department.

B.

Where uncertainty exists as to the boundaries of any of the aforesaid districts as described as aforesaid or a shown on said maps, the Planning Commission and the ALUC, upon written application or upon its own motion, shall determine the location of such boundaries.

(Ord. No. 5135, § 162, 7-7-2009)

The several zones established pursuant to Section 21.86.040A are designated and defined as follows:

A.

Instrument Approach Zone: An instrument approach zone is established at each end of the instrument runway for instrument landings and takeoffs. The instrument approach zones shall have a width of one thousand (1,000) feet at a distance of two hundred (200) feet beyond each end of the runway, widening thereafter uniformly to a width of sixteen thousand (16,000) feet at a distance of fifty thousand two hundred (50,200) feet beyond each end of the runway, its centerline being the continuation of the centerline of the runway.

B.

Noninstrument Approach Zone: A noninstrument approach zone is established at each end of all noninstrument runways for noninstrument landings and takeoffs. The noninstrument approach zone shall have a width of five hundred (500) feet at a distance of two hundred (200) feet beyond each end of the runway, widening thereafter uniformly to a width of one thousand five hundred (1,500) feet at a distance of five thousand two hundred (5,200) feet beyond each end of the runway, its centerline being the continuation of the centerline of the runway.

C.

Transition Zones: Transition zones are established adjacent to each instrument and noninstrument runway and approach as indicated on the Airport Approaches Zoning Maps. Transition zones symmetrically located on either side of runways have variable widths as shown on the zoning map. Transition zones extend outward and upward at right angles to the runway centerline and the runway centerline extended at a slope of 7 to 1 from the sides of the primary surface and from the sites of the approach surfaces. Transitional surfaces for those portions of the precision approach surface which project through and beyond the limits of the conical surface, extend a distance of five thousand (5,000) feet measured horizontally from the edge of the approach surface and at right angles to the runway centerline.

D.

Horizontal Zone: A horizontal plane one hundred fifty (150) feet above the established airport elevation, the perimeter of which is constructed by swinging arcs of specified radii from the center of each end of the primary surface of each runway of each airport and connecting the adjacent arcs by lines tangent to those arcs. The radius of each arc is:

1.

Five thousand (5,000) feet for all runways designated as utility or visual;

2.

Ten thousand (10,000) feet for all other runways. The radius of the arc specified for each end of a runway will have the same arithmetical value. That value will be the highest determined for either end of the runway. When a five thousand (5,000)-foot arc is encompassed by tangents connecting two adjacent ten thousand (10,000) foot arcs, the five thousand (5,000) foot arc shall be disregarded on the construction of the perimeter of the horizontal surface.

E.

Conical Zone: A conical zone is established as the area that extends outward and upward from the periphery of the horizontal zone at a slope of twenty (20) to one for a horizontal distance of four thousand (4,000) feet as shown on the Airport Approaches Zoning Maps. The conical zone does not include the instrument approach zone transition zones.

No structure shall be erected, altered, or maintained in any zone created by this Chapter to a height in excess of the height limit established in this Section for such zone without first obtaining a use permit. Such height limitations are established for each of the zones in question as follows:

A.

Instrument Approach Zone: One foot in height for each fifty (50) feet in horizontal distance beginning at a point two hundred (200) feet from and at the centerline elevation of the end of the instrument runways and extending to a distance of ten thousand two hundred (10,200) feet from the end of the runway; thence one foot in height for each forty (40) feet in horizontal distance to a point fifty thousand two hundred (50,200) feet from the end of the runway;

B.

Noninstrument Approach Zones: One foot in height for each twenty (20) feet in horizontal distance beginning at a point two hundred (200) feet from and at the centerline elevation of the end of the noninstrument runway and extending to a point five thousand two hundred (5,200) feet from the end of the runway.

C.

Transition Zones: These surfaces extend outward and upward at right angles to the runway centerline and the runway centerline extended at a slope of 7 to 1 from the sides of the primary surface and from the sides of the approach surfaces. Transitional surfaces for those portions of the precision approach surface which project through and beyond the limits of the conical surface, extend a distance of five thousand (5,000) feet measured horizontally from the edge of the approach surface and at right angles to the runway centerline.

D.

Horizontal Zone: A horizontal plane one hundred fifty (150) feet above the established airport elevation, the perimeter of which is constructed by swinging arcs of specified radii from the center of each end of the primary surface of each runway of each airport and connecting the adjacent arcs by lines tangent to those arcs. The radius of each arc is:

1.

Five thousand (5,000) feet for all runways designated as utility or visual;

2.

Ten thousand (10,000) feet for all other runways. The radius of the arc specified for each end of a runway will have the same arithmetical value. That value will be the highest determined for either end of the runway. When a five thousand (5,000)-foot arc is encompassed by tangents connecting two adjacent ten thousand (10,000) foot arcs, the five thousand (5,000) foot arc shall be disregarded on the construction of the perimeter of the horizontal surface.

E.

Conical Zone: One foot in height for each twenty (20) feet of horizontal distance beginning at the periphery of the horizontal zone extending for a horizontal distance of four thousand (4,000) feet, as shown on Airport Approaches Zoning Maps.

Notwithstanding any other provisions of this Chapter, no use may be made of land within any zone established by this ordinance which will: (1) create electrical interference with navigational signals or radio communications between the airport and aircraft; (2) make it difficult for pilots to distinguish between airport lights and other lights; (3) result in glare in the eyes of pilots using the airport; (4) impair visibility of the airport; or otherwise in any way create a hazard or endanger the landing, takeoff, or maneuvering of aircraft using or intending to us airport.

A.

The regulations prescribed in Sections 21.86.060 and 21.86.070 shall not be construed to require the removal, lowering or other change or alteration of any structure which was lawfully constructed, but not conforming to these regulations as of the effective date of this Chapter, or otherwise interfere with the continuance of any such legal nonconforming use.

B.

Nothing contained in this Chapter shall require any change in the construction, alteration or intended use of any structures, the construction or alteration of which was begun prior to the effective date of this Chapter, and is diligently pursued and completed within a reasonable time thereof.

C.

Before any nonconforming structure may be replaced, substantially altered, repaired or rebuilt, a use permit must be secured from the Planning Commission.

A.

Authority: The Planning Commission shall review and decide all applications for use permits under this Chapter. All use permit applications in the area encompassed in the zones created by this Chapter shall be referred to the Monterey County Airport Land Use Commission for review and recommendations.

B.

Application: Application for a use permit shall be made pursuant to Chapter 21.74.

C.

Public Hearing: A public hearing shall be held pursuant to Chapter 21.78.

D.

Action by Planning Commission:

In addition to the requirements of Chapter 21.74:

1.

The Planning Commission shall not grant a permit which adds to or increase the hazards stated in Section 21.86.070.

2.

No permit shall be granted that would allow a legal nonconforming structure or a legal nonconforming use to 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 use permit is made. No such permit shall be required to make maintenance repairs or to replace parts of existing structures which do not enlarge or increase the height of the existing structure.

E.

Conditions—Navigation and Hazard Easements:

1.

A use permit may be allowed subject to any reasonable condition that the ALUC may recommend and Planning Commission may deem necessary to achieve the purposes of this Chapter.

2.

Such conditions may include the requirements that a Navigation and Hazard Easement be granted to the airport for aircraft overflight and that such easement be recorded with the County Recorder. The easement may include:

a.

Right-of-flight at any altitude above the acquired easement surfaces.

b.

Right to cause noise, vibrations, fumes, dust, and fuel particle emissions.

c.

Right to prevent construction or growth of all structures, objects or natural growth above the acquired easement surfaces.

d.

Right-of-entry to remove, mark, or light any structures or growth above the acquired easement surfaces, or right to require the owner to remove, mark or light.

e.

Right to prohibit creation of electrical interference, unusual light sources, and other hazards to aircraft flight.

f.

Any other limitation that the ALUC may recommend to protect the public's health, safety and welfare.

F.

Appeal.

1.

An appeal to the Board of Supervisors may be filed pursuant to Chapter 21.80.

The following regulations shall apply only within those zones related to the Monterey Peninsula Airport and if any of the regulations specified in this Section differ from any of the corresponding regulations specified in this Chapter for any zone, then in such case the provisions of this Section shall govern:

A.

Nothing in this Chapter shall prohibit a structure to a maximum height of thirty-five (35) feet.

B.

Nothing in this Chapter shall prohibit a structure that is completely shielded or shadowed from the Airport Reference Point by a natural land formation that is equal or greater in elevation than the structure.