(A) Intent. The intent of the airport safety district is to establish special regulations and development policies in areas adjacent to those airports without a county adopted Airport Land Use Compatibility Plan, for the purpose of assuring land use compatibility and safety of persons and property.
(B) Areas subject the AS Combining Zone.
(1) The AS Combining Zone shall apply to all public and private airport facilities licensed by the state’s Department of Transportation Division of Aeronautics with a total of 20 or more operations per month (a takeoff and a landing are each considered a separate operation) and five or more permanently based aircraft and which do not have a county adopted Airport Land Use Compatibility Plan.
(2) For regulations applicable to the Frazier Lake Airpark and the Hollister Municipal Airport, see the sections specific to those facilities.
(C) Definitions. The following terms are used in this section. For definitions, see the Glossary in Chapter 25.09 of this code. For the purpose of this title, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
(1) Approach Safety Zone.
(2) Clear Zone.
(3) Hazard to Air Navigation.
(4) Overflight Zone.
(5) Primary Surface.
(6) Runway.
(7) Runway Protection Zone.
(8) Utility Runway.
(9) Utility Runway Visual Approach Zone.
(10) Visual Runway.
(D) Density, coverage and land use limitations in safety areas. The following standards apply to areas subject to this section.
Safety Area | Density | Coverage | Land Use |
Runway Protection Zone | No people | No structures | No residential. No petroleum or explosives. No above grade power lines. |
Approach Safety Zone | No more than 10 people on an annual average per acre | Maximum structural coverage must be less than 25% | Low density residential. No multi-family. No hotels/motels, bars, schools, hospitals, government services, concert halls, auditoriums, industries involved in flammable materials or processes. Commercial and Industrial uses generally acceptable if density and lot coverage restrictions are applied. |
(E) Prohibited uses in AS Combining Zone. The following uses are prohibited in the AS Combining Zone, even if permitted by the underlying zone:
(1) Any use which would direct a steady light or flashing light of red, white, green or amber colors associated with airport operations toward an aircraft engaged in an initial straight climb following takeoff or toward an aircraft engaged in a straight final approach toward a landing at an airport other than an FAA approved navigational signal light or visual approach slope indicator.
(2) Any use which would cause sunlight to be reflected toward an aircraft engaged in an initial straight climb following takeoff or toward an aircraft engaged in a straight final approach toward a landing at an airport.
(3) Any use which would generate smoke or which would attract large concentrations of birds or which may otherwise affect safe air navigation within this area.
(4) Any use which would generate electrical interference that may be detrimental to the operation of aircraft and/or aircraft instrumentation.
(5) Any use which would cause an object to extend above the utility runway visual approach slope.
(F) Non-conforming uses.
(1) The regulations prescribed in this section shall not be construed to require the removal, lowering or other change or alteration of any structure or tree not conforming to the regulations as of the effective date of this title, or otherwise interfere with the continuance of a non-conforming use. Nothing contained herein 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 this title and is diligently prosecuted.
(2) Notwithstanding the preceding provision of this section, the owner of any existing non-conforming structure or tree is hereby required to permit the installation, operation and maintenance thereon of the markers and lights as shall be deemed necessary by the County’s Planning Director to indicate to the operators of aircraft in the vicinity of the airport the presence of the airport obstruction. The markers and lights shall be installed, operated and maintained at the expense of the owner of the affected airport facility.
(G) Variance from AS Combining Zone standards.
(1) Any person desiring to erect or increase the height of any structure, or permit the growth of any tree, or use property, not in accordance with the regulations prescribed in this section, may apply for a variance from the regulations. The application for variance shall be accompanied by a determination from the Federal Aviation Administration as to the effect of the proposal on the operation of air navigation facilities and the safe, efficient use of navigable airspace. The variances shall be allowed where it is duly found that a literal application or enforcement of the regulations will result in unnecessary hardship and that relief granted, will not be contrary to the public interest, will not create a hazard to air navigation, will do substantial justice and will be in accordance with the spirit of this section.
(2) Any permit or variance granted may, if the action is deemed advisable to effectuate the purpose of this section and be reasonable in the circumstances, be so conditional as to require the owner of the structure or tree in question to install, operate and maintain, at the owner’s expense, the markings and lights as may be necessary.
(Ord. 1043 § 3 (part), 2022)