Section:
19.52.010 Purpose, applicability
19.52.020 Airport environs (-AE) overlay zone
19.52.030 Airport overflight (-AO) overlay zones
19.52.040 Landmark (-L) overlay zone
19.52.050 Planned development (-PD) overlay zone
19.52.060 Resource Constraint (-RC) overlay zone
19.52.070 Special design considerations (-SD) overlay zone
19.52.080 Corridor Opportunity Site (-COS) overlay zone
19.52.090 Fraternity and sorority (-FS) overlay zone
19.52.100 Foothill Development (-FD) overlay zone
19.52.110 Valley’s Edge (-VE) overlay zone
A. Purpose. The overlay zoning districts established by this chapter regulate development and new land uses, in addition to the standards and regulations of the primary zoning districts, where important site, neighborhood, or area characteristics require particular attention for project planning.
B. Applicability. The applicability of any overlay zoning district to specific sites is shown by the overlay zoning map symbol established by Section 19.40.010 being appended as a suffix to the symbol for the primary zoning district on the Zoning Map (for example, R1 -PD). The provisions of this chapter apply to proposed land uses and development in addition to all other applicable requirements of these Regulations. In the event of any perceived conflict between the provisions of this chapter and any other provision of these Regulations, this chapter shall control.
(Ord. 2185, Ord. 2427 §36, Ord. 2440 §33)
A. Purpose. The Airport Environs (-AE) overlay zone regulates land uses in the vicinity of the Chico Municipal Airport and Ranchero Airport and below areas where aircraft perform approach and departure maneuvers, recognizing that certain development and land use characteristics may conflict with the safe and efficient operation of the airport and aircraft. The intent of the -AE overlay zone is to protect people and property, both in the air and on the ground, by regulating structures that may affect navigable airspace, consistent with Federal regulations, and to minimize noise and other conflicts between airport operations and surrounding land uses.
B. Applicability. The -AE overlay zone is applied to:
1. Areas within the -AO (Aircraft Operations) overlay zones established by Section 19.52.030 following, above and around the airport; and
2. Areas subject to high noise levels from aircraft operations.
C. Allowed Land Uses. Any land use normally allowed in the primary zoning district by this division may be allowed within the -AE overlay zone, provided that the land use is also in compliance with any applicable -AO (Aircraft Operations) zoning standards, except for those uses listed as prohibited in certain -AO overlay zoning districts as set forth in Table 4-14.
D. Permit Requirements. Development and new land uses within the -AE overlay zone shall obtain the land use entitlements as required by this division in the primary zoning district.
E. Development Standards. Development and new land uses within the -AE overlay zone shall comply with all applicable requirements of the primary zoning district and the following requirements:
1. Height Limits. The height limits of any applicable -AO overlay zone (Section 19.52.030) apply if they are more restrictive than otherwise required by this division for the primary zoning district, or by Division V (Site Planning and General Development Standards).
2. Noise Mitigation. Proposed structures shall be designed and constructed to provide noise insulation to reduce interior noise levels to the community noise equivalent level (CNEL) recommended by the Noise Element of the General Plan.
3. Avigation Easements, Noise Agreements. Prior to the issuance of any building permit in compliance with Title 16 (Buildings and Construction) of the Municipal Code, approval of a tentative map in compliance with Title 18 (Subdivisions) of the Municipal Code, or a land use entitlement in compliance with Division II (Administration of Land Use and Development Regulations) of these Regulations, the property owner shall enter into an agreement with the City granting any necessary avigation easements for aircraft overflight and/or acknowledging and permitting the ongoing exposure of the site to aircraft noise. The City shall record the easements/agreements with the Butte County Recorder.
4. Notice of Aircraft Overflight. Land use entitlements for properties within the -AE overlay zone shall require the recordation of a Notice of Aircraft Overflight against the property with the Butte County Recorder. The notice shall advise future property owners of the Butte County Airport Land Use Compatibility Plan (ALUCP), City of Chico Airport Environs Plan, current and anticipated aircraft flight paths, the likely ongoing exposure of the site to aircraft noise, and possible restrictions that may result from actions of the Butte County Airport Land Use Commission or City.
(Ord. 2185, Ord. 2427 §37)
A. Purpose. This section establishes five -AO overlay zones, which provide height limits for structures, use limitations, intensity limitations, and other development standards on and adjacent to the site of the Chico Municipal and Ranchero Airports, based upon specific zones or surfaces defined in the air space above each airport and its surroundings, in compliance with the Butte County ALUCP, State law, and the federal aviation regulations.
B. Findings. The Council hereby finds that a structure or other ground feature which obstructs air space near the Chico Municipal Airport or Ranchero Airport has the potential for endangering the lives and property of users of each airport, and property or occupants on land in each airport’s vicinity, and that an obstruction may reduce the size of areas available for aircraft takeoff, landing, and maneuvers, thereby tending to impair the usability of each airport and the economic investment in each facility.
C. Applicability. The -AO overlay zones may be combined with any residential, commercial, manufacturing/industrial, or special purpose zoning district established by Section 19.40.010. Unless otherwise noted, the -AO overlay zones are intended to implement the land use restrictions and development standards contained in the Butte County ALUCP. The -AO overlay zones are established, and shall be applied and shown on the Airport Zoning Map within 50,000 feet of the landing area of the airport, as follows.
1. -AOA, Runway Protection Zone. Includes airport runways and immediately adjacent areas wherein uses are restricted to aeronautical functions in accordance with Federal Aviation Administration standards. Encompasses the area of highest risk and noise levels. Implements Compatibility Zone A of the ALUCP.
2. -AOB1, Approach/Departure Zone and Sideline Zone. Generally surrounds zone - AOA, including areas both immediately beyond the runway protection zones and lateral to the runways. Noise levels and risks are both high. Implements Compatibility Zone B1 of the ALUCP.
3. -AOB2, Extended Approach/Departure Zone. The extended approach/departure zone for each airport also may include some land lateral to the runways. The area encompasses areas with moderate degrees of both noise and risk. Implements Compatibility Zone B2 of the ALUCP.
4. -AOC. Traffic Pattern. The area commonly overflown by aircraft at an altitude of 1,000 feet or less above ground level, including locations beneath the traffic pattern and pattern entry points. Annoyance associated with aircraft overflights is the major concern. Implements Compatibility Zone C of the ALUCP.
5. -AO, Other Airport Environs. Other areas within the airport vicinity which are overflown less frequently or at a higher altitude by aircraft arriving and departing the airport. The outer edge of this zone mostly coincides with the outer boundary of the FAR Part 77 conical zone. Implements Compatibility Zone D of the ALUCP.
D. Allowed Land Uses. Any land use normally allowed in the primary zoning district by this division may be allowed within the -AO overlay zone, except as set forth in Table 4-14 below.
Zone | Permitted Residential density | Other uses - maximum people/acre | Prohibited uses |
-AOA | 0 - residential use not allowed | 0 | All structures except aeronautical facilities Assemblages of people Objects exceeding FAR Part 77 height limits Aboveground bulk storage of hazardous materials Hazards to flight Other uses identified by the Airport Land Use Compatibility Plan |
-AOB1 | 0.1 average site width (units/acre) 4.0 max single-acre (units/acre) | 40 avg. 80 max. on a single acre | Children’s schools, day care centers, libraries Hospitals, nursing homes Highly noise sensitive uses (e.g. outdoor theaters) Aboveground bulk storage of hazardous materials Hazards to flight Other uses identified by the Airport Land Use Compatibility Plan |
-AOB2 | 0.2 average site wide max (units/acre) 4.0 single- acre max (units/acre) | 100 avg. 300 max. on a single acre | Children’s schools, day care centers, libraries Hospitals, nursing homes Highly noise sensitive uses (e.g. outdoor theaters) Hazards to flight Other uses identified by the Airport Land Use Compatibility Plan |
-AOC | Less than or equal to 0.2 units/acre or greater than or equal to 4.0 units/acre | 200 avg. 600 max. on a single acre | Children’s schools, day care centers, libraries Hospitals, nursing homes Hazards to flight Other uses identified by the Airport Land Use Compatibility Plan |
-AOD | Limit set by primary zoning district | No limit | Hazards to flight Other uses identified by the Airport Land Use Compatibility Plan |
Notwithstanding the above, designated infill properties in the -AOB2 overlay zone may develop at densities no greater than surrounding residential development, as set forth in the ALUCP and the accompanying map and list of parcels.
In addition, no use shall be allowed under or within any -AO overlay zone that may:
1. Create electrical interference with aircraft communications;
2. Make it difficult for pilots to distinguish between airport lights and other lights;
3. Result in glare in the eyes of the pilots using the airport;
4. Impair visibility in the vicinity of the airport; or
5. Otherwise endanger the landing, takeoff, or maneuvering of aircraft.
E. Permit Requirements. Development and new land uses within the -AO overlay zones shall obtain the land use entitlements as required by this division in the primary zoning district. New development or land uses that are inconsistent with the standards contained in this chapter shall nonetheless be deemed consistent if the proposal is found by the Butte County Airport Land Use Commission to be consistent with the ALUCP.
F. Development Standards. Development and new land uses within the -AO overlay zones shall comply with all applicable requirements of the primary zoning district, and the following requirements.
Zone | Required Open Land | Development Standards and Conditions |
-AOA | All remaining | Avigation easement dedication required |
-AOB1 | 30% cumulative in zone | Locate structures maximum distance from extended runway centerline Minimum Noise Level Reduction of 25 dB in residences and buildings with noise-sensitive uses Airspace review required for objects over 35 feet tall Avigation easement dedication required |
-AOB2 | 20% cumulative in zone | Minimum Noise Level Reduction of 20 dB in residences and buildings with noise-sensitive uses Airspace review required for objects over 70 feet tall Recorded notice of airport operations required |
-AOC | 10% cumulative in zone | Airspace review required for objects over100 feet tall Recorded notice of airport operations required |
-AOD | No requirement | Airspace review required for objects over100 feet tall |
1. Height Limits. No structure or tree shall be erected, altered, allowed to grow, encroach, protrude, extend into, or be maintained in any -AO overlay zone in excess of the height limits established in Table 4-15 above. The measurement of tree and structure height shall be based upon the United States Geodetic Survey (U.S.G.S.) mean sea level datum.
2. Nonconformities. Before any nonconforming use, structure, or tree may be replaced, substantially altered, or repaired, rebuilt, allowed to become higher, or replanted, a use permit shall be obtained in compliance with Chapter 19.24 (Use Permits). No use permit shall be granted that would allow the creation of an airport hazard or permit a nonconforming use, structure, or tree to be higher or become a greater hazard to air navigation than it was when the applicable regulation was adopted or when the use permit application was filed. No use permit shall be required for repairs or the replacement of parts of existing structures which do not enlarge or increase the height of the existing structure.
3. Hazard Marking and Lighting. Where determined to be necessary by the Airport Commission and where required by FAA regulations, any use permit or variance granted within an -AO overlay zone may be conditioned to require the owner of the use, structure, or tree:
a. At their expense, to install on the structure or tree and operate and maintain markers and lights as necessary to alert pilots to the presence of an airport hazard; or
b. To allow the City, at its expense, to install, operate, and maintain markers and lights as necessary to alert pilots to the presence of an airport hazard.
(Ord. 2185, Ord. 2427 §38, Ord. 2494 §30, Ord. 2519 §20)
A. Purpose. The -L overlay zone is intended to identify landmarks and historic sites in compliance with the General Plan, so that development and new land uses are designed and operated in a manner compatible with the preservation of these resources.
B. Applicability. The -L overlay zone may be combined with any primary zoning district established by Section 19.40.010.
C. Allowed Land Uses and Regulations. Any land use normally allowed in the primary zoning district by this division may be allowed within the -L overlay zone, provided that the use complies with Chapter 19.37 of this code.
D. Permit Requirements - Certificate of Appropriateness and Certificate of Demolition. A certificate of appropriateness and certificate of demolition shall be required pursuant to Chapter 19.37.
E. Development Standards. Proposed development and new land uses within the -L overlay zone shall comply with the development standards of the primary zoning district, all other applicable provisions of these Regulations, and any conditions of approval providing measures to preserve and protect existing resources. Any deviations from the development standards necessary to ensure retention of the historical attributes of a structure or building may be made pursuant to section 19.37.140 of this code.
(Ord. 2185; Ord. 2410 §17, Ord. 2427 §39)
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