A.

The ordinance codified in this article is adopted pursuant to the authority conferred by the California State Airport Approaches Zoning Law. It is found that an airport hazard endangers the lives and property of users of the Redding municipal airport, and property of occupants of land in its vicinity, and also, if of the obstruction type, in effect reduces the size of the area available for the landing, takeoff, and maneuvering of aircraft, thus tending to destroy or impair the utility of the Redding municipal airport and the public investment therein. Accordingly, it is declared that:

1.

The creation or establishment of an airport hazard is a public nuisance and an injury to the region served by the Redding municipal airport;

2.

It is necessary, in the interest of the public health, public safety and general welfare that the creation or establishment of airport hazards be prevented; and

3.

The prevention of these hazards should be accomplished, to the extent legally possible, by the exercise of the police power without compensation.

B.

It is further declared that both the prevention of the creation or establishment of airport hazards and the elimination, removal, alteration, mitigation or marking and lighting of existing airport hazards are public purposes for which a political subdivision may raise and expend public funds and acquire land or interests in land.

(Prior code § 5.04.090 (A))

As used in this article, the words or terms listed shall mean the following, unless the context otherwise requires:

"Airport" means the Redding municipal airport.

"Airport elevation" means the highest point of an airport's usable landing area measured in feet from mean sea level.

"Airport hazard" means any structure or object of natural growth located on or in the vicinity of a public airport, or any use of land near such airport, which obstructs the airspace required for the flight of aircraft in landing or takeoff at such airport or is otherwise hazardous to such landing or takeoff or aircraft.

"Airport reference point" means the point established as the approximate geographic center of the airport landing area and so designated.

"Airport zoning commission" means a commission consisting of the members of the county planning commission.

"Approach, transitional, horizontal and conical zones" means the zones which apply to the area under the approach, transitional, horizontal and conical surfaces defined in Federal Aviation Regulation, Part 77.

"Board of adjustment" means a board consisting of the board of supervisors of the county.

Height. For the purpose of determining the height limits in all zones set forth in this article and shown on the zoning map, the datum shall be mean sea level elevation unless otherwise specified.

"Nonconforming use" means any preexisting structure, object of natural growth or use of land which is inconsistent with the provisions of this article or an amendment thereto.

"Person" means an individual, firm, partnership, corporation, company, association, joint stock association, or governmental entity. It includes a trustee, receiver, assignee or similar representative of any of them.

"Precision instrument runway" means a runway having an existing instrument approach procedure utilizing an instrument landing system (ILS) or a precision approach radar (PAR). It also means a runway for which a precision approach system is planned and is so indicated on an FAA approved airport layout plan or any other FAA planning document.

"Primary surface" means a surface longitudinally centered on a runway. When the runway has a specially prepared hard surface, the primary surface extends two hundred feet beyond each end of that runway; but when the runway has no specially prepared hard surface, the primary surface of a runway will be that width prescribed in Part 77 of the Federal Aviation Regulations (FAR) for the most precise approach existing or planned for either end of that runway. The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway centerline.

"Runway" means a designated area on an airport prepared for landing and takeoff of aircraft along its length.

"Stol primary surface" means an imaginary plane, three hundred feet wide, centered on the runway. Its length extends one hundred feet beyond each runway end. The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway centerline.

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

"Tree" means any object of natural growth.

"Utility runway" means a runway that is constructed for and intended to be used by propeller-driven aircraft of twelve thousand five hundred pounds maximum gross weight and less.

"Visual runway" means a runway intended solely for the operation of aircraft using visual approach procedures with no straight-in instrument approach procedure and no instrument designation indicated on an FAA-approved airport layout plan or by any planning document submitted to the FAA by competent authority.

(Prior code § 5.04.090 (B))

In order to carry out the provisions of this article, certain zones have been created and established which include all of the land lying within the approach zones, transitional zones, horizontal zones and conical zones as they apply to a particular airport. Such zones are shown on the Redding municipal airport hazard zoning map consisting of one sheet, prepared by the county planning commission, and dated January, 1973, which is available in the department of community development and made a part of this chapter. An area located in more than one of the following zones is considered to be only in the zone with the more restrictive height limitation. The various zones are established and defined as follows:

A.

Precision Instrument Runway Approach Zone. The inner edge of this approach zone coincides with the width of the primary surface and is one thousand feet wide. The approach zone expands outward uniformly to a width of sixteen thousand feet at a horizontal distance of fifty thousand feet from the primary surface. Its centerline being the continuation of the centerline of the runway.

B.

Visual Runway Approach Zone. The inner edge of this approach zone coincides with the width of the primary surface and is five hundred feet at the horizontal distance of five thousand feet from the primary surface. Its centerline being the continuation of the centerline of the runway.

C.

Transitional Zones. These zones are established as the area beneath the transitional surfaces. These surfaces extend outward and upward at ninety degree angles to the runway centerline and the runway centerline extended at a slope of seven feet horizontally for each foot vertically from the sides of the primary and approach surfaces to where they intersect the horizontal and conical surfaces. Transitional zones for those portions of the precision approach zones which project through and beyond the limits of the conical surface, extend a distance of five thousand feet measured horizontally from the edge of the approach zones and at ninety degree angles to the extended runway centerline.

D.

Horizontal Zone. The horizontal zone is established by swinging arcs of ten-thousand-foot radii from the center of each end of the primary surface of each runway, and connecting the adjacent arcs by drawing lines tangent to those arcs. The horizontal zone does not include the approach and transitional zones.

E.

Conical Zone. The conical zone is established as the area that commences at the periphery of the horizontal zone and extends outward therefrom a horizontal distance of four thousand feet. The conical zone does not include the precision instrument approach zones and the transitional zones.

(Prior code § 5.04.090 (C))

A.

Except as otherwise provided in this article, no structure or tree shall be erected, altered, allowed to grow or be maintained in any zone created by this article to a height in excess of the applicable height limit established for such zone. Such applicable height limitations are established for each of the zones as follows:

1.

The precision instrument runway approach zone slopes upward fifty feet horizontally for each foot vertically beginning at the end of and at the same elevation as the primary surface and extending to a horizontal distance of ten thousand feet along the extended runway centerline; thence slopes upward forty feet horizontally for each foot vertically to an additional horizontal distance of forty thousand feet along the extended runway centerline.

2.

The visual runway approach zone slopes upward twenty feet horizontally for each one foot vertically beginning at the end of and at the same elevation as the primary surface and extending to a horizontal distance of five thousand feet along the extended runway centerline.

3.

The transitional zones slope upward and outward seven feet horizontally for each foot vertically beginning at the sides of and at the same elevation as the primary surface and the approach zones, and extending to a height of one hundred fifty feet above the airport elevation which is five hundred feet above mean sea level. In addition to the foregoing, there are established height limits sloping upward and outward seven feet horizontally for each foot vertically beginning at the sides of and at the same elevation as the approach zones, and extending to where they intersect the conical surface. Where the precision instrument runway approach zone projects beyond the conical zone, height limits sloping upward and outward seven feet horizontally for each foot vertically shall be maintained beginning at the sides of and at the same elevation as precision instrument runway approach surface, and extending to a horizontal distance of five thousand feet measured at ninety degree angles to the extended runway centerline.

4.

The horizontal zone is one hundred fifty feet above the airport elevation or a height of six hundred fifty feet above mean sea level.

5.

The conical zone slopes upward and outward twenty feet horizontally for each foot vertically beginning at the periphery of the horizontal zone and at one hundred fifty feet above the airport elevation and extending to a height of three hundred fifty feet above the airport elevation.

6.

Excepted Height Limitations. Nothing in this article shall be construed as prohibiting the growth, construction or maintenance of any tree or structure to a height up to fifty feet above the surface of the land.

B.

Where an area is covered by more than one height limitation, the more restrictive limitation shall prevail.

(Prior code § 5.04.090 (D))

Notwithstanding any other provisions of this article, no use may be made of land or water within any zone established by this title in such a manner as to create electrical interference with navigational signals or radio communications between the airport and aircraft, make it difficult for pilots to distinguish between airport lights and others, result in glare in the eyes of pilots using the airport, impair visibility in the vicinity of the airport, or otherwise in any way create a hazard or endanger the landing, takeoff or maneuvering of aircraft intending to use the airport.

(Prior code § 5.04.090 (E))

A.

Regulations Not Retroactive. The regulations prescribed by this article shall not be construed to require the removal, lowering or other changes or alteration of any structure or tree not conforming to the regulations as of the effective date of the ordinance codified in this article, or otherwise interfere with the continuance of a nonconforming use. Nothing contained in this article shall require any change in the construction, alteration or intended use of any structure, the construction or alteration of which was begun prior to the effective date of the ordinance codified in this article and is diligently prosecuted.

B.

Marking and Lighting. Notwithstanding the preceding provision of this section, the owner of any existing nonconforming structure or tree is required to permit the installation, operation and maintenance of such markers and lights as shall be deemed necessary by the county to indicate to the operators of aircraft in the vicinity of the airport the presence of such airport hazards. Such markers and lights shall be installed, operated and maintained at the expense of the city of Redding.

(Prior code § 5.04.090 (F))

A.

Future Uses. No material change shall be made in the use of land and no structure or tree shall be erected, altered, planted or otherwise established in any zone created by this article unless a permit therefor has been applied for and granted.

1.

However, a permit for a tree or structure of less than seventy-five feet of vertical height above the ground shall not be required in the horizontal and conical zones, or in any approach and transitional zones beyond a horizontal distance of four thousand two hundred feet from each end of the runway, except when such tree or structure, because of terrain, land contour or topographic features, would extend above the height limit prescribed for the respective zone.

2.

Each application for a permit shall indicate the purpose for which the permit is desired with sufficient particulars to determine whether the resulting use, structure or tree would conform to the prescribed regulations. If such determination is in the affirmative, the permit shall be granted.

B.

Existing Uses. No permit shall be granted that would allow the extablishment or creation of any airport hazard or permit a nonconforming use, structure or tree to become a greater hazard to air navigation than it was on the effective date of the ordinance codified in this article or any amendments thereto or than it is when the application for a permit is made. Except as indicated, all applications for such a permit shall be granted.

C.

Nonconforming Uses Abandoned or Destroyed. Whenever the county determines that a nonconforming tree or structure has been abandoned or more than eighty percent torn down, physically deteriorated or decayed, no permit shall be granted that would allow such structure or tree to exceed the applicable height limit or otherwise deviate from the zoning regulations.

D.

Variances. Any person desiring to erect 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 article, may apply to the board of adjustment for a variance from such regulations. Such variances shall be allowed where it is duly found that a literal application or enforcement of the regulations would result in practical difficulty or unnecessary hardship and relief granted would not be contrary to the public interest, but will do substantial justice and be in accordance with the spirit of this article.

E.

Hazard Marking and Lighting. Any permit or variance granted may, if such action is deemed advisable to effectuate the purpose of this article and be reasonable in the circumstances, be conditioned so as to require the owner of the structure or tree in question to permit the city of Redding, at the expense of the permittee, to install, operate and maintain thereon such markers and lights as may be necessary to indicate to pilots the presence of any airport hazard.

(Prior code § 5.04.090 (G))

Where there exists a conflict between any of the regulations or limitations prescribed in this section and any other regulations or limitations applicable to the same area, whether the conflict be with respect to the height of structures or trees, the use of land or any other matter, the more stringent limitation or requirement shall govern and prevail.

(Prior code § 5.04.090 (H))

A.

The ordinance codified in this article is adopted pursuant to the authority conferred by the California State Airport Approaches Zoning Law. It is found that an airport hazard endangers the lives and property of users of the Fall River Mills and Shingletown airports, and property or occupants of land in their vicinity, and also, if of the obstruction type, in effect reduces the size of the area available for the landing, takeoff and maneuvering of aircraft, thus tending to destroy or impair the utility of the Fall River Mills and Shingletown Airports and the public investment therein. Accordingly, it is declared that:

1.

The creation or establishment of an airport hazard is a public nuisance and an injury to the region served by the Fall River Mills and Shingletown Airports;

2.

It is necessary in the interest of the public health, public safety and general welfare that the creation or establishment of airport hazards be prevented; and

3.

The prevention of these hazards should be accomplished, to the extent legally possible, by the exercise of the police power without compensation.

B.

It is further declared that both the prevention of the creation or establishment of airport hazards and the elimination, removal, alteration, mitigation or marking and lighting of existing airport hazards are public purposes for which a political subdivision may raise and expend public funds and acquire land or interests in land.

(Prior code § 5.04.100 (A))

As used in this article, the words or terms listed shall mean the following, unless the context otherwise requires:

"Airport" means the Fall River Mills Airport and Shingletown Airport.

"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 is otherwise hazardous to such landing or taking off of aircraft.

"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.

"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.

"Pilot" means an individual solely responsible for the control and operation of an aircraft.

"Planning commission" means the planning commission of the county.

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

"Tree" means any object of natural growth.

(Prior code § 5.04.100 (B))

In order to carry out the provisions of this article, certain zones have been created and established which include all of the land lying within the approach zones, transitional zones, horizontal zones and conical zones as they apply to a particular airport. Such zones are shown on the Fall River Mills airport zoning map, exhibit "A" and Shingletown airport zoning map, exhibit "B," consisting of two sheets, respectively, prepared by the county department of public works, and dated May 26, 1977, which are available in the department of community development and made a part of this article. An area located in more than one of the following zones is considered to be only in the zone with the more restrictive height limitation.

(Prior code § 5.04.100 (C))

A.

Except as otherwise provided in this article, no structure or tree shall be erected, altered, allowed to grow or be maintained in any airport approach zone, transition zone or horizontal and conical surfaces to a height in excess of the height limit specified for such zone as delineated upon the airport zoning map.

B.

Nothing in this article shall be construed as prohibiting the growth, construction or maintenance of any tree or structure to a height up to fifty feet above the surface of the land, commencing at a distance of not less than two thousand feet from the end of any runway of the airport.

(Prior code § 5.04.100 (D))

Sections 17.82.050 through 17.82.080 governing use, nonconforming uses, permits, enforcement, appeals, penalties and conflicting regulations shall apply to this article and are incorporated by reference.

(Prior code § 5.04.100 (E))