52.1.1 INCORPORATION INTO ZONING ORDINANCE.
The provisions of this Chapter are hereby incorporated in and made a part of the official Land Use Plan of the City, which is Division 9 of the Code of the City of Torrance. In the event of any conflict between the provisions of this Chapter and the other provisions of said Official Land Use Plan, the more stringent limitation shall govern and prevail.
52.1.2 DEFINITIONS
For the purposes of this Article, the following words shall, when used in this Article, have the meaning respectively ascribed to them by this Section:
a) Structure shall mean an object constructed or installed by man, including but without limitation, buildings, towers, smokestacks and overhead transmission lines.
b) Tree shall mean any object of natural growth.
52.2.1 HAZARD AREA.
This City Council hereby finds and determines that:
a) The areas affected by the provisions of this Article are a hazard zone.
b) Obstructions to aircraft flight therein which destroy or impair the utility of the Torrance Municipal Airport, are a danger to persons and property in flight and on the ground, and are a public nuisance.
c) The regulation of the land uses permitted therein and the restriction of the height of structures and trees therein is necessary in the interest of the public health, safety and general welfare.
52.2.2 ESTABLISHMENT OF ZONES
For the purpose of this Article, land lying on and near the Torrance Municipal Airport is hereby divided into five (5) zones to wit: landing zone, approach zone, transition zones (2), and turning zone.
52.2.3 EXTENT OF ZONES.
The boundaries of said zones are shown upon the map entitled, "Airport Hazard Zoning Map" dated January 1, 1962, on file in the Office of the Planning Director of the City, which is made a part hereof.
52.2.4 STRUCTURES OR OTHER OBSTRUCTIONS
a) Except as otherwise provided in this Article, no structure or tree shall be erected, altered, allowed to grow, or maintained in any zone created by this Article to a height in excess of the height limit hereby established for such zone.
b) The datum plane for measurement of such heights shall be the elevation above mean sea level, based on the United State Coast and Geodetic Survey, "Sea Level Datum of 1929", of the nearest point on the centerline of the nearest runway as shown on the runway centerline profile drawn on said Airport Hazard Zoning Map.
c) Where an area is covered by more than one height limitation, the more restrictive limitation shall prevail.
52.2.5 HEIGHT LIMIT OF ZONES
The height limit for each type of zone is hereby established as follows:
a) LANDING ZONE. The datum plane; provided, however, that any structure necessary and incidental to airport operations or recommended by or in accord with the rules of the Federal Aviation Agency may be placed above the datum plane.
b) APPROACH ZONE.
1) One (1) foot of height above the datum plane of the inner boundary of the approach zone of the long runway for every forty (40) feet the structure or tree is distant from the said inner boundary of the threshold.
2) One (1) foot of height above the datum plane of the inner boundary of the approach zone of the short runway for every twenty (20) feet the structure or tree is distant from said inner boundary.
c) TRANSITION ZONES.
1) LANDING TRANSITION ZONE. One (1) foot of height above the datum plane for every seven (7) feet the structure or tree is distant from the nearest boundary of the landing zone.
2) APPROACH TRANSITION ZONE: The sum of:
A. The height permitted in the adjoining approach zone for the same distance from the inner boundary thereof, plus
B. One (1) foot of height for each seven (7) feet such structure or tree is distant from a point on the adjoining side boundary of the approach zone, which point is at the intersection of the adjoining side boundary of the approach zone and a line which measures the shortest horizontal distance from the structure or tree to the runway centerline extended.
d) TURNING ZONE. Two hundred fifty (250) feet above mean sea level.
52.2.6 APPLICATION OF ARTICLE
Notwithstanding the provisions of Sec. 52.2.5., nothing herein contained shall be deemed a restriction applicable to structures or trees or anything else erected or planted upon any property to a height of less than thirty-five (35) feet above the level of the land on which such structure, tree or other thing is constructed or planted.
52.2.7 NONCONFORMING USES
a) This Article shall not require the removal, lowering or other change or alteration of any structure or tree not conforming to the provisions of this Article on the date of its adoption or on the date of any amendment thereto.
b) Before any nonconforming structure or tree may be replaced, substantially altered, repaired, rebuilt, allowed to grow higher, or replanted, a permit therefor must be secured from the Planning Commission. Except as provided in this Section, all applications for permit shall be granted. The applications shall be processed in the manner determined by the Planning Commission.
c) No such permit shall be 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 when this Article was adopted or than it was when the application for such permit is made.
d) No such permit shall be required to make maintenance repairs to or to replace parts of existing structures which do not enlarge or increase the height of the existing structure.
e) The Planning Commission may, if it deems such action advisable to effectuate the purposes of this Article and reasonable in the circumstances, so condition such permit or variance 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.
52.2.8 VARIANCES
a) 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 property in violation of the provisions of this Article, may apply to the Planning Commission for a variance therefrom. The application for a variance shall be filed and heard in the manner provided for the filing and hearing of variances in Sec. 94.1.2. and 94.1.3. of Division 9
b) Such variances shall be allowed where a literal application or enforcement of the provisions of this Article 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 this Article.
c) Any variance may be made subject to any reasonable conditions that the Planning Commission may deem necessary to effectuate the purpose of this Article.
d) The Planning Commission may, if it deems such action advisable to effectuate the purposes of this Article and reasonable in the circumstances, so condition such variance 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.
52.2.9 INTERFERENCE WITH NAVIGATION
Notwithstanding any other provisions of this Article, no use may be made of land within any zone established by this Article in such a manner as to create electrical interference with radio communication between the airport and aircraft, make it difficult for flyers to distinguish between airport lights and others, result in glare in the eyes of flyers using the Airport, impair visibility in the vicinity of the Airport or otherwise endanger the landing, taking off or maneuvering of aircraft.
52.2.10 MARKING AND LIGHTING
The owner of any nonconforming structure or tree is hereby required to permit the installation, operation and maintenance thereon of such markers and lights as shall be deemed necessary by the Airport Manager 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.
52.2.11 ADMINISTRATION AND ENFORCEMENT
a) The Planning Commission shall administer and enforce the provisions of this Article. The City Manager or his delegate shall assist the Planning Commission therein.
b) Officials or employees or commissions of the City having the responsibility and the authority for the issuance of licenses or permits or approval of plans or specifications for private or public projects shall not issue any such license or permit or approve any project, plan or specification which does not conform to the provisions of this Article.