Chapter 14.09.110
Airport Environs (AE) Overlay District
Sections:
14.09.110.030 Use Restrictions.
14.09.110.040 Height Limitations.
14.09.110.050 Open Lands Around Nut Tree Airport.
14.09.110.060 Overflight Notification and Easement.
14.09.110.070 Solano County Airport Land Use Commission (ALUC) Review.
14.09.110.080 Nonconforming Uses.
14.09.110.090 Repeal of Requirements.
14.09.110.010 Purpose.
The purpose of the airport environs (AE) overlay district is to regulate land use and development within the Nut Tree Airport compatibility areas and the Travis Air Force Base area of influence consistent with the adopted land use compatibility plans. The Nut Tree Airport and the Travis Air Force Base Airport, also referred to as Travis Airport, are important to the economic prosperity of the City. Consideration must be given to the operations of the Nut Tree and Travis Airports when development is proposed in order to ensure that a compatible balance of uses is maintained. The provisions of this chapter are established to achieve the following purposes:
A. To provide for the safe and orderly development of the Nut Tree Airport and the Travis Air Force Base by protecting users of the airport from hazardous encroachments into areas of navigation operation and preventing the creation of hazardous encroachments into defined airspaces;
B. To ensure the continued viability of the Nut Tree Airport as a general aviation facility and protect the substantial public investment in the facility;
C. To ensure the continued vitality of Travis Air Force Base as a military facility and to protect the substantial public investment in the facility;
D. To comply with the requirements of the California Public Utilities Code to protect the public health, safety, and welfare by ensuring the orderly expansion of airports and minimize the public’s exposure to excessive noise and safety hazards within areas around public airports to the extent that these areas are not already devoted to incompatible uses;
E. To implement the policies of the Nut Tree Airport Land Use Compatibility Plan, adopted May 20, 2010, and the Travis Airport Land Use Compatibility Plan, adopted June 13, 2002, by the Solano County Airport Land Use Commission (ALUC);
F. To protect persons and property in the vicinity of the Nut Tree Airport and the Travis Airport from unreasonable hazards or impacts associated with airport operations; and
G. To implement the goals, objectives, and policies of the General Plan.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
14.09.110.020 Applicability.
A. The provisions of this chapter apply within the Nut Tree Airport compatibility areas and the Travis Air Force Base area of influence.
1. Nut Tree Airport Compatibility Areas. Nut Tree Airport compatibility areas include properties in the vicinity of the Nut Tree Airport which may be affected by aircraft operations, as well as areas where aircraft operations may be affected by other uses, as depicted in the Nut Tree Airport Compatibility Map, the FAA Airspace Plan and Height Limits Map, in the Nut Tree Airport Land Use Compatibility Plan.
2. Travis Air Force Base Area of Influence. Travis Air Force Base area of influence includes areas which may be affected by aircraft operations associated with the Travis Airport, as well as areas where aircraft operations may be affected by other uses, as depicted in the Travis Air Force Base Land Use Compatibility Plan.
B. Adjustments and interpretations of the boundaries of land use compatibility areas may be appropriate based upon geographic features and parcel lines not reflected in the base map. Adjustments and interpretations of the boundaries shall be referred to the Airport Land Use Commission.
C. Regulations in the AE overlay district modify and supplement the base zoning district regulations. In cases where the regulations of the AE overlay district conflict with the regulations of the base zoning district, the more restrictive regulations take precedence.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
14.09.110.030 Use Restrictions.
A. General Restrictions. Notwithstanding any other provision of this chapter, no use shall be allowed within an airport compatibility area which may produce hazards to aircraft in flight, including the following:
1. Glare or distracting lights which could be mistaken for airport lights;
2. Sources of smoke;
3. Sources of electrical interference with aircraft communication or navigation;
4. Uses, such as landfills or certain agricultural uses, which attract birds; or
5. Any other hazard or endangerment to the landing, takeoff, or maneuvering of aircraft using or intending to use the airport.
B. Nut Tree Airport Compatibility Areas Use Restrictions. Within the Nut Tree Airport compatibility areas, uses must fall within the persons per acre guidelines established with each area.
1. Determination Criteria. In determining whether a land use is allowed, normally not allowed, or prohibited, the following definitions shall apply:
a. Allowed. Allowed uses clearly meet the persons per acre criteria of the applicable compatibility area;
b. Normally Not Allowed. Normally not allowed uses that do not meet the persons per acre criteria of the applicable compatibility area. Such uses may only be allowed if a specific use is found by the Director of Community Development or Airport Land Use Commission (ALUC), as applicable, to meet the persons per acre criteria specified in the applicable compatibility area; and
c. Prohibited. Prohibited uses are incompatible with the airport or clearly do not meet the persons per acre criteria of the applicable compatibility area and are not allowed.
2. Compatibility Area A – Clear Area or Primary Surface. The maximum density standard is 10 persons per acre in buildings and 15 persons per acre in and out of structures. A minimum setback of 50 feet shall be required from the extended runway centerline for any structure.
a. Allowed Uses.
i. Pastures and open space;
ii. Parks with very low intensity uses;
iii. Aircraft tie-downs;
iv. Parking lots;
v. Nurseries, plant;
vi. Outdoor storage; and
vii. Any other uses which are determined by the Director of Community Development and the ALUC to not have an anticipated maximum density of more than 10 persons per acre in buildings, and not more than 15 persons per acre outside of buildings on the basis of specific floor plans and other related information.
b. Normally Not Allowed Uses.
i. Warehousing, general;
ii. Storage, household and business; and
iii. Industrial uses.
c. Prohibited Uses.
i. Any substantial assemblage of people;
ii. Any structure that exceeds the height limits established herein;
iii. Any noise sensitive uses; and
iv. Any residential uses.
3. Compatibility Area B – Inner Approach/Departure Area. The maximum density standard is 20 persons per acre in buildings and 40 persons per acre in and out of buildings.
a. Allowed Uses.
i. Allowed uses from Area A;
ii. Parks with low intensity uses;
iii. Nurseries, plant;
iv. Warehousing, general;
v. Storage, household and business;
vi. Industrial uses permitted pursuant to a specific plan or policy plan; and
vii. Any other uses which are determined by the Director of Community Development and the ALUC to not have an anticipated maximum density of more than 20 persons per acre in buildings, and not more than 40 persons per acre outside of buildings on the basis of specific floor plans and other related information.
b. Normally Not Allowed Uses.
i. Retail and general merchandise sales;
ii. Hotels and motels; and
iii. Offices, except as accessory to allowed uses.
c. Prohibited Uses.
i. Any substantial assembly of people;
ii. Any structure that exceeds the height limits established herein;
iii. Any noise sensitive uses;
iv. Any residential uses; and
v. Uses involving substantial amounts of highly flammable or explosive materials.
4. Compatibility Area C – Outer Approach/Departure Area or Adjacent to Runway. The maximum density standard is one dwelling unit per acre for residential uses and 50 persons per acre in buildings and 75 persons per acre total for nonresidential uses.
a. Allowed Uses.
i. Allowed uses from Area B;
ii. Retail and general merchandise sales, a maximum of one story, except that storage may exceed one story;
iii. Offices, a maximum of one story, except that storage may exceed one story;
iv. Banks and financial services, a maximum of one story, except that storage may exceed one story;
v. Automobiles and other vehicles, sales and service, new or used;
vi. Hotels and motels, a maximum of one story; and
vii. Any other uses, including multi-story buildings, which are determined by the Director of Community Development and the ALUC to not have an anticipated maximum density of more than 50 persons per acre in buildings, and not more than 75 persons per acre outside of buildings on the basis of specific floor plans and other related information.
viii. Area C, lying north of I-80 and extending from the Callan Street residential area on the southwest, to the Putah South Canal on the northeast, is considered to be predominantly devoted to uses consistent with Area D standards. Therefore, new uses may be approved in this area if they meet Area D standards.
b. Normally Not Allowed Uses.
i. Retail and general merchandise sales, multi-story;
ii. Offices, multi-story;
iii. Banks and financial services, multi-story;
iv. Theaters and meeting halls;
v. Churches and other religious institutions;
vi. Amusement arcades;
vii. Recreation centers;
viii. Restaurants and eating establishments; and
ix. Bars and lounges.
c. Prohibited Uses.
i. Schools, public and private;
ii. Libraries and museums;
iii. Hospitals;
iv. Community care facilities, large;
v. Noise sensitive outdoor uses; and
vi. New residential uses.
5. Compatibility Area D – Extended Approach/Departure Area. The maximum density standard is four dwelling units per acre for residential uses and 100 persons per acre in buildings and 150 persons per acre in and out of structures for other uses.
a. Allowed Uses.
i. Allowed uses from Area C;
ii. Restaurants and eating establishments, a maximum of one story, except that storage may be more than one story;
iii. Bars and lounges, a maximum of one story, except that storage may be more than one story;
iv. Offices, a maximum of two stories;
v. Banks and financial services, a maximum of two stories;
vi. Retail and general merchandise sales, a maximum of two stories;
vii. Hotels and motels, a maximum of two stories; and
viii. Any other uses, including multi-story buildings, which are determined by the Director of Community Development and the ALUC to not have an anticipated maximum density of more than 100 persons per acre in buildings, and not more than 150 persons per acre outside of buildings on the basis of specific floor plans and other related information.
b. Normally Not Allowed Uses.
i. New single-unit dwelling;
ii. Commercial centers, exceeding 500,000 square feet in area;
iii. Theaters and meeting halls;
iv. Churches and other religious institutions;
v. Schools, public and private;
vi. Libraries and museums;
vii. Hospitals; and
viii. Community care facilities, large.
c. Prohibited Uses. Noise sensitive outdoor uses.
d. Exceptions. Where substantial development already exists, additional infill development of similar land uses may be allowed to occur on parcels of three acres or less even if such land uses are prohibited elsewhere in the area.
6. Airport Compatibility Area E – Adjacent to Runway or Final Approach. The maximum average density standard is six dwelling units per acre for residential uses, which can be clustered to three times the average density. There shall be no maximum density standard for other uses.
a. Acceptable Uses. All uses are acceptable except as provided below.
b. Normally Not Acceptable Uses.
i. Schools, public and private (permanent school sites may be allowed subject to approval by the state Division of Aeronautics);
ii. Hospitals;
iii. Community care facilities, large; and
iv. Residential densities greater than an average of six dwelling units per acre, or a maximum of 18 dwelling units per acre, achieved through clustering.
c. Prohibited Uses. Highly noise sensitive uses such as amphitheaters.
d. Exceptions. Where substantial development already exists, additional infill development of similar land uses may be allowed to occur on parcels of three acres or less even if such land uses are prohibited elsewhere in the area.
7. Compatibility Area F – Other Airport Environs. All uses are acceptable except those involving large assemblages of more than 300 persons in buildings such as schools, auditoriums, etc., and captive groups of more than 100 persons in buildings such as penal institutions and large community care facilities, etc., under the direct approach pattern. Where substantial development already exists, additional infill development of similar land uses may be allowed to occur on parcels of three acres or less even if such land uses are prohibited elsewhere in the area.
C. Travis Air Force Base Land Use Compatibility Plan. Within the Travis Air Force Base land use compatibility areas, uses must fall within the following development conditions:
1. All new or expanded commercial-scale solar facilities must conduct a solar glare hazard analysis tool (SGHAT) glint and glare study for ALUC review.
2. Outside of the bird strike hazard zone but within the outer perimeter, any new or expanded land use that has the potential to attract the movement of wildlife that could cause bird strikes are required to prepare a wildlife hazard analysis (WHA). The boundary of the outer perimeter is shown in Figure 4 of the Travis Air Force Base Land Use Compatibility Plan and extends into the southeastern area of the City.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
14.09.110.040 Height Limitations.
The maximum height of any structure or object shall be such that no penetration of the applicable air space surface occurs.
A. Nut Tree Airport Compatibility Areas. The height limits are established consistent with FAR Part 77 surface identification for the Nut Tree Airport. For purposes of determining these heights, the U.S. Coast and Geodetic (based) Survey has established the runway elevation reference for the Nut Tree Airport to be 113 feet.
1. Maximum Height. No structure or object shall be erected, altered, maintained, or allowed to grow in excess of the height limit established for the airspace surface area in which the property is situated except as provided below.
a. In Compatibility Areas A, B, and C, an exception to the maximum height limits may be approved provided the decision maker determines that no reasonable use of the property is possible if the height limitations are strictly interpreted.
b. In Compatibility Areas D, E, and F, airport height limits shall not be less than 35 feet above the ground level.
2. Determination of Maximum Height. To determine the airport height limit for a specific location on a site within the airport compatibility area, it is necessary to determine the elevation of the point on the applicable airspace surface that lies directly above the location in question.
a. For the primary surface and the horizontal surface, the elevation of the entire surface is established as 113 feet and 263 feet, respectively.
b. For the transitional, approach, and conical surfaces, the elevation is a function of the horizontal distance from the primary surface and the slope of the applicable surface. For example, a location underlying the approach surface at the north end of the runway that is 5,000 feet from the primary surface, would have a maximum height limit of 213 feet above sea level. The 5,000 feet distance at a slope of one foot vertical for each 50 feet horizontal results in an increase of 100 feet over the primary surface elevation of 113 feet.
3. Surface Areas.
a. Primary Surface. “Primary surface” means a surface at an elevation of 113 feet longitudinally centered on the airport runway and extending beyond the end of a runway. The primary surface at the Nut Tree Airport is 1,000 feet in width and extends 200 feet beyond the end of the south end of the runway (Runway 2) and the end of the planned extension of the north end of the runway (Runway 20).
b. Approach Surface. “Approach surface” means the surface longitudinally centered on the extended runway centerline, extending outward and upward from the end of the primary surface at a defined slope. The approach surface at the Nut Tree Airport extends outward and upward from the end of the primary surface at a slope of 50 feet horizontally to one foot vertically for an initial distance of 10,000 feet and at a slope of 40 feet horizontally to one foot vertically for a distance of 40,000 feet thereafter at the north end of the runway (Runway 20) and at a slope of 34 feet horizontally to one foot vertically for a distance of 10,000 feet at the south end of the runway (Runway 2).
c. Transitional Surface. “Transitional surface” means the surface extending outward and upward from the sides of the primary surface and the approach surface at a slope of seven feet horizontally to one foot vertically to the intersection with the horizontal surface. The transitional surface at the Nut Tree Airport extends outward and upward from the primary surface and approach surface at a slope of seven to one to an elevation of 150 feet above the runway elevation or 263 feet mean sea level.
d. Horizontal Surface. “Horizontal surface” means a horizontal plane 150 feet above the established runway elevation extending from the intersection of the transitional and approach surfaces to the intersection of the conical surface with the horizontal surface. The horizontal surface at the Nut Tree Airport is 150 feet above the runway elevation of 113 feet extending out from the approach and transitional surfaces to the intersection with the conical surface at an arc radius of 10,000 feet from the center of each end of the primary surface of each runway.
e. Conical Surface. “Conical surface” means a surface extending outward and upward from the periphery of the horizontal surface at a slope of 20 feet horizontally to one foot vertically for a horizontal distance of 4,000 feet.
B. Travis Air Force Base Area of Influence. The established runway elevation for Travis Airport is 62 feet mean sea level.
1. Maximum Height. No structure or object which would be of a greater height than the outer horizontal surface of 562 feet mean sea level shall be erected, altered, maintained, or allowed to grow except that the construction of objects upon land which underlies the outer horizontal surface and which penetrates the outer horizontal surface may be allowed if they conform to FAR Part 77 height limits and filing requirements, and provided that a height limit easement is granted consistent with FAR Part 77.
2. Notification Requirement. Any proposed structure that would penetrate the 100:1 imaginary slope identified as “FAA Construction Referral Boundary (100:1)” shall comply with the notice and filing requirements of applicable federal and state regulations.
3. Outer Horizontal Surface. The outer horizontal surface is defined as a plane extending for a horizontal distance of 30,000 feet from the outer periphery of the conical surface, located 500 feet above the established runway elevation.
4. Height Review Overlay Zone. The following criteria applies developments within the height review overlay zone as listed in Section 4.9 of the Travis Air Force Base Land Use Compatibility Plan:
a. Airspace review required for objects greater than 35 feet AGL;
b. Avigation easement dedication required;
c. All proposed wind turbines must meet line-of-sight criteria in Policy 5.6.1 of the Travis Air Force Base Land Use Compatibility Plan;
d. All new or expanded commercial-scale solar facilities must conduct an SGHAT glint and glare study for Airport Land Use Commission review; and
e. For areas outside of the bird strike hazard zone (See Section 4.9, Travis Air Force Base Land Use Compatibility Plan), but within the outer perimeter, any new or expanded land use involving discretionary review that has the potential to attract the movement of wildlife that could cause bird strikes are required to prepare a WHA.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
14.09.110.050 Open Land Areas Around Nut Tree Airport.
Open land areas around the Nut Tree Airport are required for emergency landings of aircraft using the Nut Tree Airport.
A. Required Open Land Areas. In Compatibility Areas A and B, adequate amounts of open land suitable for emergency landings shall, to the extent practical, be provided.
1. Amount of Area Required.
a. In Area A, no less than 65 percent of the site area shall be suitable open land area.
b. In Area B, no less than 50 percent of the site area shall be suitable open land area.
c. In Area C, no less than 15 percent of the site area shall be suitable open land area.
d. In Area D, no less than 10 percent of the site area shall be suitable open land area.
2. Areas Considered to Be Suitable Open Land.
a. Open land areas may use private or public properties and rights-of-way.
b. Suitable open land areas include, but are not limited to, parking lots, landscaped areas, roadways, and certain outdoor storage areas.
3. Standards Applicable to Open Land Areas. The following standards shall apply to the use of sites designated as open land areas:
a. Trees, light poles, and other similar objects shall not exceed 20 feet in height; trees shall be small varieties with small trunks and canopies;
b. Structures in outdoor storage areas shall not exceed 10 feet in height; and
c. Vehicles, equipment, and other items in outdoor storage areas shall not exceed a weight of 5,000 pounds.
B. Open land areas shall, to the extent possible, be located adjacent to other open land areas to provide contiguous open areas.
C. As a part of the review of any subdivision, design review, conditional use permit, or other approval pursuant to this code, the decision makers shall examine the feasibility of clustering development and coordinating the provision of open land between structures to provide areas for controlled emergency landings.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
14.09.110.060 Overflight Notification and Easement.
A. Nut Tree Airport Compatibility Areas. The following dedication of overflight easements and notice to purchasers are required within the Nut Tree Airport Compatibility Areas:
1. Dedication of Overflight Easements. Prior to the issuance of building permits for any new construction or the recording of any subdivision map or waiver thereof, an overflight easement shall be provided to Solano County. The overflight easement shall permit the right of flight in the airspace above the property, including the generation of noise associated with such flight, and shall provide for the regulation of the release or creation of electrical emissions which could interfere with aircraft operations. The overflight easement shall be provided in a form approved by the City Attorney and the Solano County Counsel and shall be recorded on the title of the subject property.
2. Notice Required. No building permit shall be issued for any new dwelling unit intended for sale, rental, or lease until the Director of Community Development approves the form, content, and method of notice by which the initial purchasers, renters, or lessees of residential property within an airport compatibility area will be informed that the area is subject to aircraft overflight. Said notices shall include, but not be limited to, a map showing the airport compatibility area, the most recent noise contours forecast, and current and anticipated flight paths.
B. Travis Air Force Base Area of Influence. The following dedication of overflight easement is required within the Travis Air Force Base area of influence:
1. Dedication of Overflight Easements in the Height Review Overlay Zone. Prior to the issuance of building permits for any new construction or the recording of any subdivision map or waiver thereof, an overflight easement shall be provided to Solano County for any project within the height review overlay zone as depicted in Figure 14.09.110.A, City of Vacaville Land Use Zoning Compatibility Map 1, and Figure 14.09.110.B, City of Vacaville Land Use Zoning Compatibility Map 2. The overflight easement shall be provided in a form approved by the City Attorney and the Solano County Counsel, shall be recorded on the title of the subject property, and include the following provisions:
a. Provide the right of flight in the airspace above the property;
b. Allow the generation of noise and other impacts associated with aircraft overflight;
c. Restrict the height of structures, trees and other objects;
d. Permit access to the property for the removal or aeronautical marking of objects exceeding the established height limit; and
e. Prohibit electrical interference, glare, and other potential hazards to flight from being created on the property.
FIGURE 14.09.110.A: CITY OF VACAVILLE LAND USE ZONING COMPATIBILITY MAP 1
FIGURE 14.09.110.B: CITY OF VACAVILLE LAND USE ZONING COMPATIBILITY MAP 2
(Ord. 1972, Repealed and Replaced, 02/22/2022)
14.09.110.070 Solano County Airport Land Use Commission (ALUC) Review.
The review and referral of development applications shall be in accordance with the latest adopted Solano County Airport Land Use Compatibility Review Procedures Manual and the following:
A. Referral Required. The following projects within the Nut Tree Airport compatibility area or the Travis Air Force Base area of influence shall be referred to the Solano County Airport Land Use Commission (ALUC) for a determination of consistency with the Nut Tree Airport Land Use Compatibility Plan or the Comprehensive Airport Land Use Plan for Travis Air Force Base, whichever is applicable, prior to an action being taken by the decision maker with authority over the project.
1. Adoption of or amendment to the General Plan.
2. Any proposed specific plan or policy plan or a substantial amendment to previously approved plan.
3. Any proposed land use action involving a question of compatibility with the airport activities, as determined by the Director of Community Development.
4. Any proposal for a new airport or heliport whether for public use or private use if the facility requires an airport permit or heliport permit issued by the California Department of Transportation.
5. Any proposal for expansion of an existing airport or heliport if such expansion will require an amended airport permit from the state of California.
6. A proposed zone change, zoning ordinance or building regulation or an amendment or variance to any such ordinance or regulation that may impact airport operations.
7. Adoption or modification of the master plan for an existing public-use airport.
8. A request for an exception to the airport height limits in the Nut Tree Airport compatibility areas.
9. Any object greater than 35 feet in height in the Travis Air Force Base influence area.
10. Any object greater than 200 feet tall, located anywhere within the City.
11. Any proposal for a digital freeway billboard located along Interstate 80 within the Nut Tree Airport area of influence.
12. New development and changes to existing development including landscaping, parking lot or lighting modifications within Compatibility Zone A and the north section of Zone C.
B. ALUC Determination.
1. If the ALUC determines that the project is consistent, or if amended, would be consistent, with the applicable adopted airport land use plan, the project may proceed with the applicable development review process;
2. If the ALUC determines that the project is not consistent with the applicable adopted airport land use plan, the City Council shall become the decision maker for the project:
a. The original decision maker shall make a recommendation to the City Council on whether the project is consistent with the purposes of Section 21670 of Article 3.5 of the state Public Utilities Code; and
b. The City Council may approve, approve with conditions, or deny the project. However, if the project involves an amendment to the General Plan, adoption of a specific plan or policy plan or a substantial amendment to such a plan, or involves the adoption of a zone change or adoption or amendment to the Zoning Ordinance, or involves an exception to the airport height limits, approval shall require that the City Council, after a public hearing, overrule the determination of the ALUC by a two-thirds vote of the governing body, and make the finding that the project is consistent with the purposes of Section 21670 of Article 3.5 of the state Public Utilities Code.
C. Subsequent ALUC Project Referral. A project referred to the ALUC for review shall not be required to be submitted at more than one stage of the planning process; provided, that sufficient information is included with the first referral to ensure that the applicable compatibility criteria may be evaluated.
(Ord. 1996, Amended, 07/23/2024; Ord. 1995, Amended, 07/23/2024; Ord. 1972, Repealed and Replaced, 02/22/2022)
14.09.110.080 Nonconforming Uses.
For the purposes of this chapter, a nonconforming use is a use which was legally established prior to the effective date, but by reason of adoption or amendment of this code, or by reason of annexation to the City, the use no longer conforms to the regulations for the airport compatibility area in which it is located.
A. Regulations Not Retroactive. The regulations prescribed in this chapter shall not be construed to require the removal, lowering, or otherwise changing or altering of any structure or tree not conforming to the regulations as of the effective date of the ordinance codified in this chapter nor otherwise interfere with the continuation of a nonconforming use. Nothing contained in this chapter 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 chapter and which is diligently prosecuted.
B. Existing Uses. No permit shall be granted which would allow the creation or establishment of an 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 chapter or any amendments since the effective date, or than it was when the application for a permit was made.
C. Abandonment or Destruction. Whenever the Director of Community Development determines that a nonconforming structure has been abandoned for a continuous period of 90 calendar days, or that a nonconforming structure or tree is more than 50 percent destroyed, physically deteriorated, or decayed, no permit shall be granted which would allow the tree or structure to exceed the applicable height limit or otherwise deviate from the zoning regulations except that in Compatibility Areas C, D, E, and F of the Nut Tree Airport, where an existing development on a parcel of three acres or less has been partially or fully destroyed, it may be rebuilt to a density not exceeding that of the original construction.
(Ord. 1972, Repealed and Replaced, 02/22/2022)
14.09.110.090 Repeal of Requirements.
In the event of the closure of the Nut Tree Airport or the Travis Air Force Base, the above sections limiting the use of property in the vicinity of the facility ceasing operation for purposes of protecting the public health and safety relative to airport hazards and nuisances shall be automatically repealed upon a finding of the Director of Community Development that the facility has ceased operations and reinitiation of operations is not feasible.
(Ord. 1972, Repealed and Replaced, 02/22/2022)