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Chapter 18.64 - Truckee-Tahoe Airport Area Restrictions

Sections:

18.64.010 - Purpose of Chapter
18.64.020 - Applicability
18.64.030 - Definitions
18.64.040 - Airport Height Zones and Height Limits
18.64.050 - Airport Safety Restriction Areas
18.64.060 - Airport Noise Zones
18.64.070 - Subdivisions
18.64.080 - Nonconforming Uses and Structures

18.64.010 - Purpose of Chapter

Obstructions in the vicinity of the Truckee-Tahoe Airport have the potential for endangering the lives and property of users of the Truckee-Tahoe Airport, and property or occupants of land in the vicinity; may affect existing and future instrument approach minimums of such airports; and may reduce the size of areas available for the landing, takeoff, and maneuvering of aircraft, thus tending to destroy or impair the utility of such airports and the public investment therein. The purpose of the airport area restrictions is to regulate land uses in the vicinity of the Truckee-Tahoe Airport and below areas where aircraft perform approach and departure maneuvers, to protect people and property both in the air and on the ground, and to minimize noise and other conflicts between airport operations and surrounding land uses.

18.64.020 - Applicability

The regulations of this Chapter shall apply to all areas located within the Airport Operations (-AO) overlay zoning district. Land uses, structures, and natural hazards shall comply with the development standards and requirements of this Chapter and other applicable regulations of this Development Code.

18.64.030 – Definitions

The following are definitions of special terms and phrases used in this Chapter. Other general definitions are provided in Chapter 18.220 (Definitions, Glossary).

Airport elevation. 5,900 feet above mean sea level.

Airport hazard. Any object, structure, or use of land that intrudes beyond the height limits established by this Chapter, and which obstructs the airspace required for, or is otherwise hazardous to, the flight of aircraft in landing or taking off at the airport.

a. Natural hazard. A hazard created by the natural terrain, land contour, topographic feature, or tree cover which intrudes into the height limits established by this section.

b. Created hazard. A hazard brought about by any man-made structure which intrudes into the height limits established by this Chapter.

Airport reference point. The point established as the approximate geographic center of the airport landing area and so designated.

Hazard to air navigation. An obstruction determined to have a substantial adverse effect on the safe and efficient utilization of the navigable airspace.

Landing area. The area of the airport used for the landing, taking off or taxiing of aircraft.

Obstruction. Any structure, growth, or other object, including a mobile object, which exceeds a limiting height set for in Section 18.64.040 of this Chapter.

Primary surface. A surface longitudinally centered on a runway. The primary surface extends 200 feet beyond each end of that runway. The width of the primary surface is the same as the inner width of Safety Area 1 as set forth in Section 18.64.050.B.1 (Airport Safety Restriction Area Dimensions - Safety Area 1) of this Chapter. The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway centerline.

Runway. A defined area of an airport prepared for landing and takeoff or aircraft along its length.

Tree. Any dead or alive, woody or herbaceous plant material.

Section 18.64.040 – Airport Height Zones and Height Limits

A. Establishment of height zones. In order to carry out the provisions of this Chapter, there are hereby created and established certain height zones that include all of the land lying beneath the approach surfaces, transitional surfaces, horizontal surfaces, and conical surfaces. An area located in more than one of the following height zones is considered to be only in the height zone with the more restrictive height limitation. The various height zones are hereby established and defined as provided in Subsection C.

B. Effect of height limits. Except as otherwise provided by Section 18.64.040.D, no object or structure shall be erected, altered, or maintained, and no tree shall be allowed to grow in any airport height zone created by this Chapter to a height in excess of the applicable height established by this section.

C. Airport height zones and their height limits.

1. Runways 1R-19L and 10L-28R Approach Height Zones:

a. Location. The inner edge of this height zone coincides with the width of the primary surface and is 250 feet wide. The approach height zone expands outward uniformly to a width of 1,250 feet at a horizontal distance of 5,000 feet from the primary surface.

b. Height limit. As determined by a geometric plane that slopes 20 feet outward for each foot upward beginning at the end of and at the same elevation as the primary surface. Its centerline is the continuation of the centerline of the runway.

2. Runway 19R Approach Height Zone:

a. Location. The inner edge of this height zone coincides with the width of the primary surface and is 250 feet wide. The approach height zone expands outward uniformly to a width of 3,500 feet at a horizontal distance of 10,000 feet from the primary surface.

b. Height limit. As determined by a geometric plane that slopes 34 feet outward for each foot upward beginning at the end of and at the same elevation as the primary surface. Its centerline is the continuation of the centerline of the runway.

3. Runways 1L and 10R-28L Approach Height Zones:

a. Location. The inner edge of this height zone coincides with the width of the primary surface and is 250 feet wide. The approach height zone expands outward uniformly to a width of 1,500 feet at a horizontal distance of 5,000 feet from the primary surface.

b. Height limit. As determined by a geometric plane that slopes 20 feet outward for each foot upward beginning at the end of and at the same elevation as the primary surface. Its centerline is the continuation of the centerline of the runway.

4. Runway Transition Height Zones:

a. Location. The transition height zone extends outward at 90 degree angles to the runway centerline and the runway centerline is extended at a slope of seven (7) feet horizontally for each foot vertically from the sides of the primary and approach surfaces to where they intersect the horizontal and conical surfaces. Transitional zones for those portions of the precision approach zones, which project through and beyond the limits of the conical zones, extend a distance of 5,000 feet measured horizontally from the edge of the approach zones and a 90 degree angle to the extended runway centerline.

b. Height limit. As determined by a geometric plane that slopes seven feet outward for each foot upward beginning at the end of and at the same elevation as the primary surface and the approach surface. Its centerline is the continuation of the centerline of the runway.

5. Runway Horizontal Height Zone:

a. Location. A horizontal plane 150 feet above the established airport elevation, the perimeter of which is constructed by swinging arcs of 10,000 feet radii from the center of each end of the primary surface of Runway 1L-19R and connecting the adjacent arcs by drawing lines tangent to those arcs. The horizontal zone does not include approach zones and the transition zones.

b. Height limit. As determined by a geometric plane that is 150 feet above the airport elevation.

6. Conical Height Zone:

a. Location. An area that commences at the periphery of the horizontal zone and extends outward and upward therefrom a distance of 4,000 feet at a slope of 20 feet horizontally for each foot vertically. The conical zone does not include the approach zones.

b. Height limit. As determined by a geometric plane that slopes 20 feet outward for each foot upward beginning at the periphery of the horizontal zone, extending to a height of 6,250 feet above the airport elevation.

D. Exceptions to height limit. The height limits of this section may be exceeded as follows:

1. The construction or maintenance of any structure, object, or growth of any tree may extend up to a height up to 35 feet above the surface of the land or up to the natural height of trees within the immediate area of the object or structure whichever is greater. This exception also applies to areas defined as a Natural Hazard.

2. A structure or object may be erected, altered, or maintained to exceed the height limits of this section if:

a. The Federal Aviation Administration has determined that the proposed structure or object does not constitute a hazard to air navigation and documentation of such determination has been provided to the Town Planner; or

b. The California Department of Transportation, Division of Aeronautics has issued a permit allowing construction of the proposed structure or object in accordance with Section 21659 of the California Public Utilities Code.

Section 18.64.050 – Airport Safety Restriction Areas

A. Establishment of airport safety restriction areas. In order to carry out the provisions of this section, there are hereby created and established certain airport safety restriction areas that include all of the land lying beneath the clear zones, approach/departure zones, and overflight zone. The various airport safety restriction areas are designated as Safety Area 1 (Clear Zone), Safety Area 2 (Approach/Departure Zone), and Safety Area 3 (Overflight Zone) and are hereby established and defined as provided in Subsection B.

B. Airport safety restriction area dimensions. The airport safety restriction areas for the Truckee-Tahoe Airport have the following dimensions:

1. Safety Area 1 (Clear Zones). Safety Area 1 begins 200 feet beyond the end of the runway surface and is centered along the extended runway centerline. The lengths, and inner and outer widths of Safety Area 1 for each runway are as follows:

a. Runway 19R. Safety Area 1 has an inner width of 500 feet, extends outward for a length of 1,700 feet, and has an outer width of 1,010 feet.

b. Runways 10R-28L and 1L. Safety Area 1 has an inner width of 500 feet, extends outwards for 1,000 feet, and has an outer width of 700 feet.

c. Runways 1R-19L and 10L-28R. Safety Area 1 has an inner width of 250 feet, extends outwards for 1,000 feet, and has an outer width of 450 feet.

2. Safety Area 2 (Approach/Departure Zones). Safety Area 2 begins at the outer end of Safety Area 1 and is centered along the extended runway centerline. The lengths, and inner and outer widths and extents of Safety Area 2 for each runway are as follows:

a. Runway 19R. Safety Area 2 has an inner width of 1,010 feet, extends outward for 3,400 feet, and has an outer width of 2,030 feet.

b. Runways 10R-28L and 1L. Safety Area 2 has an inner width of 700 feet, extends outward for 2,000 feet, and has an outer width of 1,100 feet.

c. Runways 1R-19L and 10L-28R. Safety Area 2 has an inner width of 450 feet, extends outward for 2,000 feet, and has an outer width of 850 feet.

3. Safety Area 3 (Overflight Zone). This zone generally coincides with the area overflown by aircraft during normal traffic pattern procedures and coincides with the area underlying the Horizontal Height zone which is outside of Safety Areas 1 and 2. The perimeter of Safety Area 3 is constructed by swinging arcs of 10,000 foot radii from the center of each end of the primary surface of runways 19R-1L and connecting these arcs by lines tangent to the arcs.

C. Limitations on land uses.

1. Compatible uses. The Land Use Compatibility Guidelines and Policies of the Truckee-Tahoe Airport Comprehensive Land Use Plan as adopted by the Foothill Airport Land Use Commission are to be used when reviewing projects in Safety Areas 1, 2, and 3. The Guidelines list potential uses and indicate compatibility, conditional compatibility, or non-compatibility for each safety area. The Guidelines address safety concerns only, and noise or height restrictions may also apply to specific projects under review.

2. Use restrictions in Safety Areas 1 and 2. In addition to the uses specified in the Land Use Compatibility Guidelines and Policies, the following generalized land uses are defined as incompatible and are not permitted in Safety Areas 1 and 2:

a. Any use that would direct a steady light or flashing light of white, red, green, or amber color toward an aircraft engaged in a straight final approach toward a landing at the airport, other than an FAA-approved navigational signal light or visual approach slope indicator.

b. Any use that would cause sunlight to be reflected toward an aircraft engaged in an initial straight climb following takeoff, or engaged in a straight final approach toward a landing at the airport.

c. Any use that would generate smoke or that could attract large concentrations of birds, or that may otherwise affect safe air navigation within Safety Areas 1 and 2.

d. Any use that would generate electrical interference that may be detrimental to the operation of aircraft and/or airport instrumentation.

e. Any hazardous installations such as above-ground oil, gasoline, or chemical storage facilities, excluding facilities for non-commercial, private domestic, or private agricultural use.

3. Use restrictions in Safety Areas 1, 2, and 3. No use may be made of land within Safety Areas 1, 2, and 3 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.

D. Implementation of airport safety policies.

1. All uses and structures in Safety Areas 1, 2, and 3 shall be compatible with all applicable provisions of the Truckee-Tahoe Airport Comprehensive Land Use Plan (CLUP). Exceptions or deviations from the CLUP may be approved by the review authority only in accordance with the procedures and policies set forth in the CLUP.

2. The Land Use Compatibility Guidelines and Policies of the Truckee-Tahoe Airport Comprehensive Land Use Plan (CLUP) as adopted by the Foothill Airport Land Use Commission provide the basis for determining compatibility of a particular use with the CLUP safety guidelines and policies. Basic compatibility may be determined by first identifying the safety area within which a proposed project is located, and then finding the use category on the guidelines chart. If a "yes" is indicated for the use in a particular safety area, the project is compatible with the CLUP guidelines and policies. A "no" indicates incompatibility. A "yes" with a footnote indicates conditional compatibility depending upon the size and intensity of use.

3. In the case of a safety area boundary splitting a parcel, the parcel may be developed to split uses and densities as long as the individual portions of the parcel are consistent with the land use policies for the safety area in which they lie.

4. Existing land uses that do not conform with the safety policies may be continued. However, nonconforming land uses, buildings, and structures may not be expanded or changed to another nonconforming use. When an existing nonconforming land use, building, or structure sustains damage or destruction of 50 percent of the value of the building or structure, subsequent use of the land must comply with the CLUP guidelines and policies.

Section 18.64.060 – Airport Noise Zones

A. Establishment of airport noise zones. In order to carry out the provisions of this section, there are hereby created and established certain airport noise zones that include all of the land lying beneath the projected 2010 airport noise contours of 55 db CNEL, 60 db CNEL, and 65 db CNEL. The various airport noise zones are hereby established as shown on Sheet 30(Airport Noise Zones) of the Town Zoning Map.

B. Referal of application. Any application for a minor use permit, use permit, development permit, or variance for uses or structures proposed within the 60 dB CNEL airport noise contour shall be referred to the Foothill Airport Land Use Commission and Truckee-Tahoe Airport District in accordance with Section 18.70.060 (Initial Application Review/Environmental Assessment).

C. Use restrictions within 65 dB CNEL airport noise contour.

1. Incompatible uses. The following land uses are defined as incompatible and are not permitted within the 65 dB CNEL airport noise contour:

a. Residential uses and structures including, but not limited to, single family dwellings, multi-family dwellings, mobile home parks, secondary residential units, senior citizen/disabled congregate care facilities, multi-family dwellings in commercial/office projects, and live/work quarters.

b. Institutional, education, and public assembly uses including, but not limited to, churches/places of worship, hospitals, convalescent homes, community centers, libraries, schools, theaters, and meeting halls. Parks, playgrounds, golf courses (not including habitable structures), and other similar outdoor uses are permitted.

2. Commercial development affected by aircraft noise. Land use permit applications for commercial structures proposed within the 65 dB CNEL airport noise contour shall include an acoustical analysis of the effect of aircraft and other noise sources on those portions of the building where the public is received, office areas, and other areas where interior noise levels are generally low. The design and construction of the building shall incorporate appropriate mitigation measures to reduce interior noise levels to acceptable levels as determined by the acoustical analysis.

D. Use restrictions within the 55 dB CNEL airport noise contour.

1. Interior noise level. Whenever a new single family dwelling or multi-family dwelling is proposed on a parcel within or partially within the 55 dB CNEL airport noise contour, the land use permit application shall include an acoustical analysis of the effect of aircraft and other noise sources on the dwelling. The acoustical analysis shall identify appropriate mitigation measures that demonstrate the design and construction of the dwelling will limit intruding noise to an interior CNEL of 45 dB, in compliance with California Code of Regulations Title 24, Part 2. These mitigation measures shall be incorporated into the design and construction of the dwelling.

2. Airport noise notification. Prior to the issuance of any grading or building permit for a structure, object, or use proposed within the 55 dB CNEL airport noise contour, a deed notice on the property shall be recorded with the Nevada County Recorders Office. The purpose of the deed notice is to disclose to the property owner and future owners that the property is subject to routine overflights and associated noise and other impacts by aircraft operating at the Truckee-Tahoe Airport. The language of the deed notice shall be reviewed and approved by the Director prior to recordation.

18.64.070 – Subdivisions

A. Tentative map requirements. All tentative map proposals shall identify the 55 dB CNEL, 60 dB CNEL, and 65 dB CNEL airport noise contours and Airport Safety Areas 1, 2, and 3 located within the project site.

B. Building sites. A proposed subdivision shall not create or establish building sites or pads within the 65 dB CNEL airport noise contour. Tentative map proposals for residential subdivisions with building sites or pads proposed within the 55 dB CNEL shall include an acoustical analysis of the effect of aircraft and other noise sources on future dwellings. The acoustical analysis shall identify appropriate mitigation measures that demonstrate that the proposed design and construction of future dwellings will limit intruding noise to an interior CNEL of 45 dB, in compliance with California Code of Regulations Title 24, Part 2.

C. Avigation easement. Prior to or concurrently with the recordation of a parcel map or final map, an avigation easement shall be recorded with the Nevada County Recorders Office on all properties located within or partially within the 55 dB CNEL airport noise contour and/or Airport Safety Area 3 (Overflight Zone). The language of the avigation easement shall be reviewed and approved by the Director prior to recordation.

Section 18.64.080 – Nonconforming Uses and Structures

The regulations prescribed by this Chapter shall not be construed to require the removal, lowering, or other changes or alterations of any structure, object, or tree not conforming to the regulations as of the effective date of this Development Code, or otherwise interfere with the continuance of any nonconforming use. Nothing herein contained shall require any change in the construction, alteration, or intended use of any structure or object, the construction or alteration for which a land use permit has been issued prior to the effective date of this Development Code and is diligently pursued.