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HomeMy WebLinkAboutORD NO 2719ORDINANCE NO. 2719 NEW SERIES AN ORDINANCE OF THE COUNCIL OF THE CITY OF BAKERSFIELD AMENDING TITLE 17 OF THE BAKERSFIELD MUNICIPAL CODE BY ADDING CHAPTER 17.45 RELATIVE TO AND ESTABLISHING AA (AIRPORT APPROACH) ZONE. BE IT ORDAINED by as follows: Chapter Municipal Code to AA the Council of the City of Bakersfield SECTION 1. 17.45 is hereby added read as follows: Chapter 17.45 (AIRPORT APPROACH) ZONE to Title 17 cf the Bakersfield Sections: 1745.010 17 45.011 17 45.012 17 45.020 17 45.030 17 45.040 17 45.050 AA (Airport Approach) Zone. Legislative Authority. Definition. Types of Zones and Height Limits. Airport Approach Zoning Map. Enforcement. Permits. 17.45.010 ~A (Airport Approach) Zone. Land classified in an AA Zone shall also be classified in another zone, and the provisions set forth in Section 17.45.020 shall apply in the AA (Airport Approach) Zone unless otherwise provided in this title. 17.45.0.11 Legislative Authority. This Chapter is adopted pursuant to the Airport Approach Zoning Law of the State of California (commencing at Section 50485 of the Government Code of the State of California) and the Planning and of California (commencing at Section 65000 of of the State of California). 17.45.012 Definitions. Except where the context otherwise requires, the following definitions shall govern the construction of this Chapter: A. "Airport" means any area of land or water designated and set aside for the landing and taking off of aircraft, and utilized or to be utilized in the interest of the public for such purposes, Zoning Law of the State the Gow~rnment Code a map of which has been or is hereinafter included as part of the Airport Approach Zoning Map of the City of Bakersfield. B. "Airport elevation" means the elevation of the highest point on the usable or designed runway. C. "Airport hazard" means any structure, tree, or use of land which obstructs the airspace required for the flight of aircraft in landing or taking off at an airport or is otherwise hazardous to such landing or taking off of aircraft. D. "Height", used limits in all zones set elevation in feet above otherwise stated. for the purpose of determining height forth in this Chapter, means the vertical the established airport elevation unless be used, F. "Landing area" means the area of an airport used, or to for the landing, taking off or taxiing of aircraft. "Runway" means the paved surface of an airport landing area designated for the landing or taking off of aircraft. G. "Structure" means any object constructed, installed or placed on or over real property, including, but not limited to, buildings, towers, smokestacks and overhead lines. Section 17.45.020 Types of Zones and Height Limits. Six (6) types of AA subzones, and height limits for said subzones, are hereby established for the purposes of airport approach zoning. Except as otherwise provided in this Chapter, no structure or tree, shrub or bush shall be erected, altered, allowed to grow or be maintained in any subzone to a height in excess of the height limit established for such subzone. The datum plane for measurement of such height, except as otherwise specified herein, shall be based on the airport elevation, as defined by Subsection B of Section 17.45.012. Appropriate subzones for heliports shall be established in accordance with Federal Aviation Regulations Part 77. Said subzones are as follows: A. LANDING SUBZONE (L): A surface, and the airspace above it, rectangular in shape, longitudinally centered on the runway and extending in length two hundred (200) feet beyond the ends of the runway. The landing subzone shall have an elevation, at any point along its longitudinal profile, coincident with the runway centerline or centerline prolongations as appropriate. The landing subzone shall have the width established in accordance with Federal Aviation Regulations Part 77 and shall be specified on each map adopted pursuant to Section 17.45.030. B. FINAL APPROACH SUBZONE (FA): A plane surface, and the airspace above it, trapezoidal in shape, longitudinally centered on the prolongation of the runway centerline, beginning at each end of each landing subzone, coinciding in width with the landing subzone where they join. The height and width of the final approach subzone shall be established in accordance with Federal Aviation Regulations Part 77 and shall be specified on each map adopted pursuant to Section 17.45.030. C. LANDING TRANSITION SUBZONE (LT): A plane surface, and the airspace above it, rectangular in shape, lying adjacent and parallel to each side of each landing subzone, having a length equal to the landing subzone and extending outward and upward, at right angles to the runway to a height of one hundred airport elevation. D. APPROACH TRANSITION SUBZONE the airspace above it, triangular in centerline, at a slope of seven-to-one fifty (150) feet above the established (AT): A plane surface and shape, lying adjacent to each transition a~d upward, centerline, side of each approach zone and at each end of each landing subzone, coinciding in height with the approach outward at right angles to the prolongation of the runway at a slope of seven-to-one to a maximum airport elevation or to the conical subzone surface, whichever is higher. E. HORIZONTAL SUBZONE (H): A horizontal plane surface, and the airspace above it, one hundred fifty (150) feet above the established airport elevation, the perimeter of which is constructed by swinging arcs of specific radii, established in accordance with Federal Aviation Regulations Part 77, from the center of each end of the landing subzone of each runway and connecting the arcs by lines ~angent to such arcs. The Horizontal Subzone does not include the Landing Transition Subzones. upward of 20:1 Subzone or CONICAL SUBZONE (C): A surface extending outward and from the periphery of the horizontal surface at a slope for a horizontal distance of four thousand (4,000) feet. The conical subzone does not include the Final Approach Subzone at the Approach Transition Subzone. Section 17.45.030 Airport Approach Zoning Map. The several subzones established by Section 17.45.020 shall be shown and delineated on the Airport Zoning Map of the City of Bakersfield which is hereby adopted. Said Zoning Map, for convenience and identification, is divided into parts corresponding to the operational areas of the respective airports included with the provisions of this Chapter. Additional parts of the Airport Approach Zoning Map may be adopted from time to time by ordinance. Each part of the Airport Approach Zoning Map of the City of Bakersfield hereby or hereafter adopted by ordinance shall have a descriptive title and shall contain diagrams, including a plot plan of the subject runways, the location and dimensions of all subzones described in accordance with the formulas established for the regulation of any of the aforementioned subzones. Section 17.45.040 Enforcement. The City Building Director shall not issue building permits for the construction, reconstruction or structural alteration of any structure within any of the zones established by Section 17.45.030 if said construction, reconstruction or structural alteration would result in violation of the provisions Any building permits so issued shall be null of this subsection. and void. Section 17.45.050 Permits. Before that portion of any nonconforming structure which exceeds the height limitation established by tl~e Airport Approach Zoning Map and Section 17.45.020 may be structurally altered and before any nonconforming structure or tree may be replaced, reconstructed, allowed to grow higher or replanted, a permit must be secured from the Board of Zoning Adjustment authorizing such structural alteration, replacement, reconstruction or change. Those portions of an existing nonconforming structure below the applicable height limitations may be structurally altered, repaired and added to, and those portions of an existing nonconforming structure above the applicable height limitation may be repaired and minor replacements made therein without securing such a permit unless such structural alteration, repair, addition, or enlargement exceeds the applicable height limitation. No such permit shall be granted that would allow the 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 on the date that this Chapter was made applicable to a particular airport. All other applications for such permits may be granted. SECTION 2. This ordinance shall be posted in accordance with the City Charter provisions and shall become effective thirty (30) days from and after the date of its passage. ......... o0o ......... I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on the 31s% day of ~arch , 1982, by the following vote: AYES: COUNCILMEN: BARTON, OJPISTEF~SEN, MFAFI5, PAYNE, RATTY, ROCKOFF, S1RONG CITY CLERK~nd Ex ~fficio Clerk of the Council of the City of Bakersfield APPR~?D this 31st. day of March , MAYO~of the City of Bakersfield 1982 APPROVED as to form: CITY/~T~T~EY o~f fZ-~llty of Bakersfield AJS:mm 6. Aff av of r uaa es STATE OF CAI,IFORNIA, } County of Kern ss. PHILIP KELMAR, being duly sworn, deposes and says: That he is the duly appointed, acting and qualified City Clerk of the City of Bakersfield; and that oa ..........................~j~..r...~:.j._...~. ........................................................................., 19...8...~.... he posted on the Bulletin Board at the City Hall, a full, true and correct copy of an ordinance passed by the Council of said City at a meeting thereof duly held on ................l~!.~..r....c...t!......3...~..~ .................................................., 19....~..2..., which ordinance was numberecL........~(..~.~ .......................New Series, and entitled: An Ordinance of the Council of the City of Bakersfield amending Title 17 of the Bakers- field Municipal Code by adding Chapter 17.45 relative to and establishing AA (Airport Approach) Zone. Subscribed and sworn to before me this ~h dayof April ,19~ .....