A.   All of the provisions of Chapter 3, Part 7 of the Ordinance Code of Tulare County, as amended by Tulare County Ordinance No. 1233, are referred to, adopted as a city ordinance and made a part of this code, and all of the provisions thereof shall be applicable within the boundaries of the city.

   B.   All references to the County of Tulare in said Ordinance No. 1233 of the County of Tulare shall refer to the city of Visalia. (Ord. 2017-01 (part), 2017: prior code § 7621)

   The requirements in this chapter shall apply to all property within the AP zone district. (Ord. 2017-01 (part), 2017)

   This chapter is adopted pursuant to the Airport Approaches Zoning Law of the state of California (commencing at Section 50485 of the Government Code of the state of California and the Planning and Zoning Law of the state of California (commencing at Section 65000 of the Government Code of the state of California). (Ord. 2017-01 (part), 2017: prior code § 7622)

   Except where the context otherwise requires the following definitions shall govern the construction of this chapter:

   "Airport" means any area of land or water designated and set aside for the landing and taking off of aircraft, and utilized or to be utilized in the interest of the public for such purposes, a map of which has been or is hereafter included as part of the airport zoning map of the county of Tulare.

   "Airport elevation" means the elevation of the highest point on the usable or designed runway as established by the county surveyor.

   "Airport hazard" means any structure, tree, or use of land that obstructs the airspace required for the flight of aircraft in landing or taking off at an airport or is otherwise hazardous to such landing or taking off of aircraft.

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

   "Height," used for the purpose of determining height limits in all zones set forth in this chapter, means the vertical elevation in feet above the established airport elevation unless otherwise stated.

   "Landing area" means the area of an airport used, or to be used, for the landing, taking off or taxiing of aircraft.

   "Nonconforming use" means any structure, tree or use of land that does not conform to the provisions of this chapter at the time this chapter is made applicable to a particular airport.

   "Person" means any individual, firm, co-partnership, corporation, company, association, joint stock association, city, county or district, and includes any trustee, receiver, assignees or other similar representative thereof.

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

   "Runway" means the paved surface of an airport landing area designated for the landing or taking off of aircraft.

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

   "Tree" means any object of natural growth. (Ord. 2017-01 (part), 2017: prior code § 7623)

   Six types of zones, and the height limits for said zones, are established for the purposes of airport zoning. Except as otherwise provided in this chapter, no structure or tree shall be erected, altered, allowed to grow or maintained in any zone to a height in excess of the height limit established for such zone. The datum plane for measurement of such height, except as otherwise specified herein, shall be based on the airport elevation, as defined by Section 17.50.030. Said zones are as follows:

   A.   Landing Zone ("L"). A surface, and the airspace above it, rectangular in shape, longitudinally centered on the runway and extending in length two hundred (200) feet beyond the ends of the runway. The landing zone shall have an elevation, at any point along its longitudinal profile, coincident with the runway centerline or centerline prolongations as appropriate. The landing zone shall have the width specified on each map adopted pursuant to Section 17.50.050.

   B.   Approach Zone ("AA"). A plane surface and the airspace above it, trapezoidal in shape, longitudinally centered on the prolongation of the runway centerline, beginning at each end of each landing zone, coinciding in width with the landing zone where they join. The height and width of the approach zone shall be as specified on each map adopted pursuant to Section 17.50.050.

   C.   Landing Transition Zone ("LT"). A plane surface, and the airspace above it, rectangular in shape, lying adjacent and parallel to each side of each landing zone, having a length equal to the landing zone and extending outward and upward, at eight angles to the runway centerline, at a slope of seven-to-one to a height of one hundred fifty (150) feet above the established airport elevation.

   D.   Approach Transition Zone ("AT"). A plane surface and the airspace above it, triangular in shape, lying adjacent to each side of each approach zone and at each end of each landing transition zone, coinciding in height with the approach outward and upward, at right angles to the prolongation of the runway centerline, at a slope of seven-to-one to a maximum airport elevation or to the conical zone surface, whichever is higher.

   E.   Horizontal Zone ("H"). A horizontal circular plane surface, and the airspace above it, one hundred fifty (150) feet above the established airport elevation, its radius point being the airport reference point and having the radius specified on each map adopted pursuant to Section 17.50.050. The horizontal zone does not include the landing zone or transition zones.

   F.   Conical Zone ("C"). A conical surface of an inverted conical fustrum, and the airspace above it, its minor base being coincidental with the periphery of the horizontal zone and extending outward and upward, radially to its axis, at a slope of twenty-to-one for the horizontal distance specified on each map adopted pursuant to Section 17.50.050. The conical zone does not include the approach zone at the approach transition zone. (Ord. 2017-01 (part), 2017: prior code § 7624)

   A.   The several zones established by Section 17.50.040 shall be shown and delineated on the airport zoning map of the county of Tulare, which is adopted. Said zoning map, for convenience and identification, is divided into parts corresponding to the operational areas of the respective airports included with the provisions of this chapter. Additional parts of the airport zoning map may be adopted from time to time by ordinance. Each part of the airport zoning map of the county of Tulare adopted or hereafter adopted identify the subject and the location and shall contain a map and diagrams including a plot plan of the subject runways, the location and dimensions of all zones described in accordance with the formulas established for the regulation of any of the aforementioned zones need not be the same for different airports. The following parts of the airport zoning map are hereby adopted:

   1.   Part 1, Porterville Municipal Airport;

   2.   Part 2, Tulare Airpark;

   3.   Part 3, Visalia Municipal Airport.

   B.   The airport zoning map and amendments or additional parts thereof adopted pursuant to this chapter, shall not be included in or made a part of this code. (Ord. 2017-01 (part), 2017: prior code § 7626)

   A.   This section establishes an "AP" (airport) zone that will be an integral part of the Visalia zoning ordinance. The "AP" zone will allow only airport related land uses as follows:

   1.   Signs, subject to the provisions of Chapter 17.48;

   2.   Terminal area;

   3.   Noncommercial aviation;

   4.   Airport reserve;

   5.   Nonaviation (highway) commercial;

   6.   Airport services;

   7.   Aviation commercial;

   8.   Air cargo reserve;

   9.   Recreation;

   10.   Agriculture;

   11.   Safety (open space) area;

   12.   Runways and taxiways;

   13.   Airport service roads;

   14.   The keeping of household pets, subject to the definition of household pets set forth in Section 17.04.030.

   B.   The uses shall be developed within the areas that are specifically delineated within the Visalia "airport master plan."

   C.   Prior to issuance of any building permits, the airport commission shall review the proposal and the Visalia planning commission shall recommend its approval based upon the proposal's conformance with the "airport master plan."

   D.   Any changes to the "airport master plan" shall require review by the airport commission and a public hearing before the Visalia planning commission and city council. (Ord. 2017-01 (part), 2017: prior code § 7626.1)

   Notwithstanding any other provisions of this chapter, no use may be made of land or water within any zone established by this chapter 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 to 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. (Ord. 2017-01 (part), 2017: prior code § 7626.2)

   It is the intent of this section to specify a list of permitted uses within an area designated "nonaviation commercial" on the airport master plan. Two use areas within this designation are area "A" and area "B" as designated on approved development plans.

   A.   Area "A" Permitted Uses.

   1.   Animal shelters;

   2.   Banks;

   3.   Barber shops;

   4.   Beauty shops;

   5.   Blueprinting shops;

   6.   Broadcasting studios;

   7.   Communications equipment buildings;

   8.   Duplicating services;

   9.   Eating places, not including drive-in restaurants or places that serve alcoholic beverages;

   10.   Limited office equipment sales;

   11.   Locksmiths;

   12.   Medical or dental laboratories;

   13.   Medical and orthopedic appliance stores;

   14.   Offices;

   15.   Office and business machines sales and service;

   16.   Optician and optometrist shops;

   17.   Parking facilities;

   18.   Pharmacies;

   19.   Photograph studios;

   20.   Photography supply stores;

   21.   Scientific instrument stores;

   22.   Signs, subject to provisions of Chapter 17.48;

   23.   Travel bureaus.

   B.   Area "B" Permitted Uses.

   1.   All uses listed in Area "A";

   2.   Warehousing, wholesaling, and distribution uses limited to a maximum area of four thousand (4,000) square feet in conjunction with an office;

Assembly and repair service uses limited to a maximum area of four thousand (4,000) square feet in conjunction with an office;

   3.   Business, trade, and professional schools.

   C.   All storage of materials and activities that occur with each use shall be conducted entirely within an enclosed structure.

   D.   Uses may be added to the list of permitted uses as specified in Section 17.50.060. (Ord. 2017-01 (part), 2017: Res. 2000-51, 2001: prior code § 7626.3)

   A.   The planning commission is designated as the agency for the administration and enforcement of this chapter.

   B.   The city building inspector shall not issue building permits for the construction, reconstruction or structural alteration of any structure within any of the zones established by Section 17.50.040 if said construction, reconstruction or structural alteration would result in violation of the provisions of this subsection any building permits so issued shall be null and void. (Ord. 2017-01 (part), 2017: prior code § 7627)

   Before that portion of any nonconforming structure that exceeds the height limitation established by the airport zoning map and Section 17.50.040 may be structurally altered and before any non-conforming structure or tree may be replaced, reconstructed, allowed to grow higher or replanted, a permit must be secured from the planning commission authorizing such structural alteration, replacement, reconstruction or change. Those portions of an existing nonconforming structure below the applicable height limitations may be structurally altered, repaired and added to, and those portions of an existing nonconforming structure above the applicable height limitation may be repaired and minor replacements made therein, without securing such a permit unless such structural alteration, repair, addition or enlarge that portion of the structure that exceeds the applicable height limitation. No such permit shall be granted that will allow the establishment or creation of an airport hazard or permit a nonconforming structure or tree or non-conforming use to be made or become higher or become a greater hazard to air navigation that it was on the date that this chapter was made applicable to a particular airport or than it was when the application for a permit was made, but all other application for such permits shall be granted. (Ord. 2017-01 (part), 2017: prior code § 7628)

   Any person violating any of the provisions of Chapter 3, Part 7 of the Ordinance Code of Tulare County as amended by Tulare County Ordinance No. 1233, which are declared to be unlawful shall be deemed guilty of a misdemeanor. (Ord. 2017-01 (part), 2017: prior code § 7629)