Chapter 4
AIRPORT ZONING: HEIGHT OF STRUCTURES AND USE OF AIRSPACE*
Sections:
9-4.01 Declaration of purpose.
9-4.03 Airport zone surfaces and height limitations.
9-4.07 Review of administrative decisions.
9-4.09 Conflicting regulations.
9-4.10 Effect on land use classifications.
* Chapter 4, consisting of Sections 9-4.01 through 94.12, as added by Ordinance No. 233 C-M, effective August 27, 1970, as amended by Ordinance No. 241 C-M, effective October 8, 1970, repealed by Ordinance No. 425 C-M, effective May 11, 1978.
9-4.01 Declaration of purpose.
Pursuant to the authority conferred by the Airport Approaches Zoning Law of the State and in conformity with Sections 50485 through 50485.13 of the Government Code of the State, the Council deems it necessary to regulate the use of airspace for the purpose of promoting the health, safety, and general welfare of the inhabitants of the City and the County by preventing the creation or establishment of airport hazards, thereby protecting the lives and property of the uses of the Watsonville Municipal Airport and of the occupants of the land in its vicinity and preventing destruction and impairment of the utility of the airport and the public investment therein.
(§ l, Ord. 425 C-M, eff. May 11, 1978)
9-4.02 Definitions.
For the purposes of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as follows:
(a) “Airport” shall mean the Watsonville Municipal Airport.
(b) “Airport elevation” shall mean the highest point of the airport’s usable landing areas, specifically 160 feet.
(c) “Airport hazard” shall mean any structure, object of natural growth, source of electrical interference, light source located on or in the vicinity of the airport, or any use of land near the airport which is in violation of the provisions of this chapter and which obstructs the airspace required for the flight of aircraft in landing or taking off or which is otherwise hazardous to such landing or taking off of aircraft.
(d) “Airport Zone” shall mean the land area underneath the FAR Part 77 approach, transitional, horizontal, and conical surfaces and Terminal Instrument Procedures final approach and transitional surfaces as described in this chapter.
(e) “Approved Airport Layout Plan” shall mean that certain airport layout plan adopted by Resolution No. 76-78 of the Council on March 28, 1978, and on file in the office of the City Clerk.
(f) “Federal Aviation Regulations, Part 77" shall mean that part of the Federal Aviation Regulations (FAR) dealing with objects affecting navigable airspace.
(g) “Nonprecision instrument runway” shall mean a runway having an existing instrument approach procedure utilizing air navigation (avigation) facilities with only horizontal guidance, or area type avigation equipment, for which a straight-in nonprecision instrument approach procedure has been approved or planned, and for which no precision approach facilities are planned or indicated on the approved airport layout plan, specifically Runway 1.
(h) “Person” shall mean an individual, firm, partnership, corporation, company, association, joint stock association, or governmental entity or a trustee, receiver, assignee, or similar representative of any of the foregoing.
(i) “Primary surface” shall mean the surface longitudinally centered on each runway which extends 200 feet beyond each end of each runway. The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway center line. Specifically, the width of the primary surface of each runway is 500 feet for Runway 1-19 and 250 feet for Runway 8-26.
(j) “Runway” shall mean a defined area on the airport prepared for the landing and taking off of aircraft along its length.
(k) “Structure” shall mean any object constructed or installed by man, including, but without limitation, buildings, towers, smokestacks, and overhead lines.
(l) “Terminal Instrument Procedures” (TERPS) shall mean the procedures for the instrument approach and departure of aircraft at the airport.
(m) “Tree” shall mean a tall woody perennial plant with one main trunk which develops many branches.
(n) “Utility runway” shall mean a runway which is constructed for, and intended to be used by, propeller-driven aircraft of 12,500 pounds maximum gross weight and less, specifically Runway 8-26.
(o) “Visual runway” shall mean a runway intended solely for the operation of aircraft using visual approach procedures with no straight-in instrument approach procedure and no instrument designation indicated on the airport layout plan, specifically Runways 8, 19, and 26.
(§ 1, Ord. 425 C-M, eff. May 11, 1978)
9-4.03 Airport zone surfaces and height limitations.
In order to carry out the provisions of this chapter, there are hereby created and established certain Federal Aviation Regulations (FAR) Part 77 surfaces, which include the approach surfaces, transitional surfaces, horizontal surfaces, and conical surfaces as they apply to the airport. Such surfaces are shown on the Approach and Clear Zone Plan on file in the office of the City Clerk. Also created and established are certain Terminal Instrument Procedures (TERPS) surfaces, which include the final approach obstacle clearance surface and transitional surfaces as they apply to the airport. The TERPS surfaces overlap portions of the primary, approach, transitional, horizontal, and conical surfaces and are shown on said TERPS Approach Plan on file in the office of the City Clerk. Said plans and all notations, references, and other information shown thereon are hereby made a part of this chapter.
Except as otherwise provided in this chapter, no structure or tree shall be erected, altered, allowed to grow, or maintained in the airport zone created by this chapter to a height in excess of the surfaces established by this section. An area located beneath more than one of the following surfaces shall be subject only to the more restrictive height limitation. The various surfaces and height limitations are as follows:
(a) FAR Part 77 utility runway visual approach surface. The FAR Part 77 utility runway visual approach surface is located adjoining the primary surface at the westerly end of Runway 8 and at the easterly end of Runway 26. The inner edge of the utility runway visual approach surface coincides with the end of, and is the same width as, the primary surface of each of said runways. The approach surface slopes upward one foot vertically for each twenty (20') feet horizontally beginning at the same elevation as the end of the primary surface. The approach surface expands uniformly outward along the extended runway center line to a width of 1,250 feet at a horizontal distance of 5,000 feet from the primary surface.
(b) FAR Part 77 runway larger than the utility visual approach surface. The FAR Part 77 runway larger than the utility visual approach surface is located adjoining the primary surface at the northerly end of Runway 19. The inner edge of the runway larger than the utility visual approach surface coincides with the end of, and is the same width as, the primary surface of Runway 19. The approach surface slopes upward one foot vertically for each twenty (20') feet horizontally beginning at the same elevation as the end of the primary surface. The approach surface expands uniformly outward along the extended runway center line to a width of 1,500 feet at a horizontal distance of 5,000 feet from the primary surface.
(c) FAR Part 77 runway larger than the utility nonprecision instrument approach surface. (Visibility minimum greater than three-fourths ( 3/4) mile.) The FAR Part 77 runway larger than the utility nonprecision instrument approach surface is located adjoining the primary surface at the southerly end of Runway 1. The inner edge of the runway larger than the utility nonprecision instrument approach surface coincides with the end of, and is the same width as, the primary surface of Runway 1. The approach surface slopes upward one foot vertically for each thirty-four (34') feet horizontally beginning at the same elevation as the end of the primary surface. The approach surface expands uniformly outward along the extended runway center line to a width of 3,500 feet at a horizontal distance of 10,000 feet from the primary surface.
(d) FAR Part 77 transitional surfaces. The FAR Part 77 transitional surfaces extend outward from the primary surfaces and the approach surfaces at a ninety (90) degree angle to the runway center lines to where the transitional surfaces intersect the horizontal surface, and they slope upward one foot vertically for each seven (7') feet horizontally beginning at the sides of, and at the same elevation as, the primary surfaces and the approach surfaces.
(e) FAR Part 77 horizontal surface. The outer edge of the FAR Part 77 horizontal surface is bounded by arcs centered on each end of the primary surface of Runway 1-19 and having a radii of 10,000 feet and by tangents connecting the adjacent arcs. The inner edge of the horizontal surface is defined by its intersection with the approach and transitional surfaces. The horizontal surface is 150 feet above the airport elevation.
(f) FAR Part 77 conical surface. The FAR Part 77 conical surface commences at the periphery of the horizontal surface. It extends outward therefrom a horizontal distance of 4,000 feet and slopes upward one foot vertically for each twenty (20') feet horizontally.
(g) Terminal Instrument Procedures (TERPS) surfaces. The Terminal Instrument Procedures (TERPS) surfaces are located at the end of Runway I and include the final approach obstacle clearance surface and transitional surfaces. The final approach obstacle clearance surface expands uniformly outward along the extended runway center line from a width of 1,000 feet at a distance of 200 feet southward from the threshold of Runway 1 to a width of 16,000 feet at a distance of 50,000 feet from the beginning point. The surface is horizontal: for a distance of 8,200 feet from the beginning, it is fifty (50') feet above the airport elevation; it then steps upward and is 150 feet above the airport elevation for the remaining distance. The TERPS transitional surfaces extend outward at a ninety (90) degree angle to the extended runway center line for a lateral distance of 5,000 feet from the edge of the final approach surface. The surfaces slope upward one foot vertically for each seven (7') feet horizontally beginning at the same elevation as the applicable final approach surface. The shading on the Approach and Clear Zone Plan indicates areas within which the height limitation of the TERPS surfaces is more restrictive than that of the FAR Part 77 approach, transitional, horizontal, and conical surfaces.
(§ 1, Ord. 425 C-M, eff. May 11, 1978)
9-4.04 Use restrictions.
Notwithstanding any other provision of this chapter, no use may be made of land or water within the airport zone in such a manner as to create electrical interferences with avigational signals or with radio communication between the airport and aircraft, to make it difficult for pilots to distinguish between airport lights and others, to result in glare in the eyes of pilots using the airport, to impair visibility in the vicinity of the airport, or otherwise in any way to create a hazard or endanger the landing, takeoff, or maneuvering of aircraft intending to use the airport.
(§ 1, Ord. 425 C-M, eff. May 11, 1978)
9-4.05 Nonconforming uses.
(a) Regulations not retroactive. The regulations set forth in this chapter shall not be construed to require the removal, lowering, or other change or alteration to any structure or tree not conforming to this chapter as of May 11, 1978, or otherwise to interfere with the continuance 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 said date, if such construction or alteration is diligently pursued.
(b) Marking and lighting. Notwithstanding the provisions of subsection (a) of this section, the owner of any existing conforming structure or tree is hereby required to permit the installation, operation, and maintenance thereon of such markers and lights as may be deemed necessary by the Airport Manager. Such markers and lights shall be installed, operated, and maintained at the expense of the airport.
(§ 1, Ord. 425 C-M, eff. May 11, 1978)
9-4.06 Administrative agency.
The Planning Commission is hereby designated as the administrative agency charged with the duty of administering and enforcing the provisions of this chapter.
(§ 1, Ord. 425 C-M, eff. May 11, 1978)
9-4.07 Review of administrative decisions.
Any person aggrieved or taxpayer affected by any decision of the Planning Commission pursuant to the provisions of this chapter may appeal to the Council from such decision of the Planning Commission. The time and manner in which such appeal shall be made shall be in accordance with the provisions relating to appeals as set forth in Chapter 4 of Title 1 of this Code. The written appeal so filed shall state the grounds of appeal and specify the errors complained of.
(§ 1, Ord. 425 C-M, eff. May 11, 1978)
9-4.08 Violations: Penalties.
(a) Any person violating or causing or permitting the violation of any provision of this chapter shall be subject to the penalties provided in Chapter 2 of Title 1 of this Code. Such person shall be deemed guilty of a separate offense for each and every day during any portion of which any violation of this chapter is commenced, continued, or permitted by such person and shall be punishable as provided in this section.
(b) In addition, for any violation of any provision of this chapter, the City may institute in any court of competent jurisdiction an action to prevent, restrain, correct, or abate any violation of the provisions of this chapter, or of the airport zoning regulations adopted by this chapter, or of any order or ruling made in connection with their administration or enforcement, and any violation of any provision of this chapter shall constitute a public nuisance and may be abated as such.
(c) The remedies provided by this chapter shall be cumulative and not exclusive.
(§ l, Ord. 425 C-M, eff. May 11, 1978)
9-4.09 Conflicting regulations.
Where the provisions of this chapter impose a greater or more stringent restriction upon the use of land than is imposed or required by any other law or regulation, the provisions of this chapter shall govern.
(§ 1, Ord. 425 C-M, eff. May 11, 1978)
9-4.10 Effect on land use classifications.
Nothing contained in this chapter shall be deemed to conflict or supersede the provisions of any City law or regulation relating to the zoning and control of land uses within the area of the City referred to in this chapter, except as otherwise provided in Section 9-404 of this chapter.
(§ 1, Ord. 425 C-M, eff. May 11, 1978)