Pursuant to the authority conferred by the Government Code of the state of California and standards of the Federal Aviation Administration, the city council, state of California, deems it necessary to create an "airport hazard 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 public airports and of the occupants of the land in its vicinity and preventing destruction and impairment of the utility of the airports and public investment therein.

(Ord. 647 § 1, 1973: 1965 code Title XII, Ch. 25, § 1)

This chapter is known and cited as the "airport hazard zoning ordinance of the city of Rialto."

(Ord. 647 § 2, 1973: 1965 code Title XII, Ch. 25, § 2)

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

A.

"Airport" means any airport publicly owned or operated or open to the public and so located that its exterior boundaries or any area within two miles thereof lie wholly or partly in the incorporated parts of the city.

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.

"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.

D.

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

E.

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

F.

"Tree" means any object of natural growth.

G.

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

H.

"Planning commission" means the planning commission of the city of Rialto.

(Ord. 647 § 3, 1973: 1965 code Title XII, Ch. 25, § 3)

A.

In order to carry out the purposes of this chapter, all land within the vicinity of the landing area of any airport is divided into approach zones, transition zones, horizontal and conical surfaces; in accordance with "Federal Aviation Regulations (FAR) Part 77 and any amendments thereof, OBSTRUCTIONS AFFECTING NAVIGATIONAL AIRSPACE," which is adopted and made a part hereof.

B.

Such approach zones, transition zones, horizontal and conical surfaces shall not become effective unless and until the adoption of an airport zoning map or maps delineating such approach zones, transition zones, horizontal and conical surfaces, and height limits therefor, in the vicinity of the landing area of the airport. The airport zoning map is adopted in the same manner as this chapter, is made a part hereof, and is subject to amendments made pursuant to the law. Such amendments are entered on the airport zoning maps and the same are maintained up to date at all times.

(Ord. 647 § 4, 1973: 1965 code Title XII, Ch. 25, § 4)

Airport zoning maps shall be numbered, in the order of their adoption, as subsections of this section.

(Ord. 647 § 5, 1973: 1965 code Title XII, Ch. 25, § 5)

Except as otherwise provided in this chapter, no structure or tree shall be erected, altered, allowed to grow or be maintained in any airport approach zone, transition zone, horizontal and conical surfaces, to a height in excess of the height limit specified for such zone as delineated upon the airport zoning map. Such height limits are those specified in aforesaid "Federal Aviation Regulations (FAR) Part 77 and any amendments thereof, OBSTRUCTIONS AFFECTING NAVIGATIONAL AIRSPACE," which is adopted and made a part hereof.

(Ord. 647 § 6, 1973; 1965 code Title XII, Ch. 25, § 6)

Notwithstanding any other provisions of this chapter no use may be made of land within any airport approach zones, airport transition zones, horizontal and conical surfaces, in such a manner as to create harmful electrical interference with radio communication between the airport and aircraft, make it difficult for flyers to distinguish between airport lights and other lights, result in harmful glare in the eyes of the flyers using the airport, impair visibility in the vicinity of the airport or otherwise endanger the landing, take-off or maneuvering of aircraft.

(Ord. 647 § 7, 1973; 1965 code Title XII, Ch. 25, § 7)

The regulations prescribed in Section 18.50.050 and 18.50.060 do not require the removal, lowering or other change or alteration of any structure or tree not conforming to the regulations as of the effective date hereof or otherwise interfere with the continuance of any nonconforming use. Nothing herein contained requires any change in the construction, alteration or intended use of any structure, the construction or alteration of which was begun prior to May 30, 1973, and is diligently prosecuted and completed within two years of April 16, 1973.

Before any nonconforming structure or tree may be replaced, substantially altered or repaired, rebuilt, allowed to grow higher or replanted, a permit shall be secured from the planning commission authorizing such replacement, change or repair. No permit is 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 May 30, 1973, or than it was when the application for such permit is made. Except as provided herein, all application for permits is granted. No such permit is required to make maintenance repairs or to replace parts of existing structures, or electrical distribution or telephone poles or lines which do not enlarge or increase the height of existing structures, poles or lines.

(Ord. 647 § 8, 1973: 1965 code Title XII, Ch. 25, § 8)

Any person desiring to erect any structure or increase the height of any structure or permit the growth of any tree or otherwise use his/her property otherwise than is required in this chapter, may apply to the planning commission for a variance from the regulation in question. Such variance is 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, provided that any variance may be allowed, subject to any reasonable conditions that the planning commission may deem necessary to effectuate the purpose of this chapter.

(Ord. 1234 (part), 1995: Ord. 647 § 9, 1973: 1965 code Title XII, Ch. 25, § 9)

Any permit or variance granted under Sections 18.50.080 and 18.50.090 may, if such action is 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 the 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.

(Ord. 647 § 10, 1973: 1965 code Title XII, Ch. 25, § 10)

The director of development services is designated the administrator, charged with the duty of administrating and enforcing the regulations herein described. The duties of the director of development services include that of reviewing all applications for building permits within the approach zones, transition zones, horizontal and conical surfaces of the municipal airport, but the director of development services shall not have or exercise any of the powers or duties delegated to the city planning commission.

(Ord. 1234 (part), 1995: Ord. 647 § 11, 1973; 1965 code Title XII, Ch. 25, § 11)

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 structure or trees, the use of land or any other matter, and whether such other regulations were adopted by the city or by some other public agency, the more stringent limitations or requirements govern and prevail.

(Ord. 647 § 12, 1973: 1965 code Title XII, Ch. 25, § 12)

In the event that any person erects, constructs, moves, alters or attempts 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 is the duty of the city attorney, when ordered by the city council 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, when ordered by the city council shall enjoin such person from maintaining the same.

(Ord. 647 § 13, 1973: 1965 code Title XII, Ch. 25, § 13)

For all developments proposed to be located in Safety Area 2, as defined in the airport land use plan, Rialto Municipal Airport Master Plan, the owner shall grant an avigation and noise easement to the city prior to the issuance of a building permit(s) for each particular piece of property

(Ord. 800 § 1, 1980)