§ 24-47. Military airspace overlay zone (-MA).

A.

Purpose. The regulations of this section shall be applied to protect the public safety of persons residing under Military Operations Area (MOA) by requiring that all new development is compatible with military operations within the MOA. The MOA is a three (3) dimensional airspace designated for military training and transport activities that has a defined floor (minimum altitude) and ceiling (maximum altitude). Butte County MOA boundaries and minimum altitudes or floor elevations are depicted in the County's Military Overlay Zone Map.

B.

Applicability. The regulations set out in this section shall apply in all areas where a MOA is designated in addition to the regulations specified in this title. If any of the regulations specified in this section differ from any corresponding regulation specified in this title for any base zone, then in such case the provisions of this section shall apply.

C.

Land Use Regulations.

1.

The MOA is established to regulate new development to ensure that it is compatible with military operations. Within the MOA, all new development that could penetrate the defined floor elevation shall require issuance of an Administrative Permit or Minor Use Permit. If the use is already subject to an Administrative Permit, Minor Use Permit, or Use Permit no additional Administrative Permit or Minor Use Permit is required. No permit shall be approved for any use in any zone which is subject to the MOA Overlay until an investigation is conducted by the Planning Director who shall review the proposed project for hazards to aircraft and military operations including but not limited to:

a.

Uses that release into the air any substance such as steam, dust and smoke which would impair pilot visibility;

b.

Uses that produce light emissions, glare or distracting lights which could interfere with pilot vision or be mistaken for airfield lighting;

c.

Uses that physically obstruct any portion of the MOA due to relative height above ground level.

2.

For the purposes of determining whether a project penetrates the defined floor elevation of the MOA, a penetration shall mean physical obstructions from a structure or object, and/or a visual obstruction such as steam, dust, and smoke.

3.

For the purposes of calculating height of new proposed structures within the MOA, the height of all structures (including wind turbines) shall mean the distance from ground to the top of the highest point of the structure. For wind turbines this shall mean the highest point of the turbine blade in vertical position.

4.

For all proposed Administrative Permit, Minor Use Permit or Use Permit applications within the Military Review Areas that could penetrate the defined floor elevation shown in the County's Military Overlay Zone Map, including but not limited to wind energy system permit applications, notice with the project description including location and height, shall be mailed or delivered to the military expert for the Navy Region Southwest who is responsible for operations in the Military Operations Area upon receipt of the application to the Planning Department for review.

D.

Special Provisions. Special provisions for the -MA Overlay district shall be as follows:

1.

Within the Military Review Areas depicted in the County's Military Overlay Zone Map, any structure or land use that is determined to physically or visually obstruct any portion of the applicable MOA shall not be permitted, established or otherwise constructed unless an Administrative Permit, Minor Use Permit, or Use Permit is granted subject to a finding that the proposed structure or land use will not impact military operations within the MOA as follows:

2.

Proposed structures and uses with impacts contained under the floor elevation of the applicable MOA shall be permitted with the issuance of a Administrative Permit, Minor Use Permit or Use Permit upon a finding that;

a.

The proposed structure and use does not penetrate the floor elevation of the MOA;

b.

That the project is not detrimental to the function of the MOA and would not pose a health or safety hazard to the public and/or military personnel, and;

c.

That the proposed structure and use is consistent with all other applicable provisions of this ordinance.

3.

Proposed structures and uses with impacts that penetrate the floor elevation of the applicable MOA as determined by the Planning Director during review of the Administrative Permit may only be permitted with the issuance of a Minor Use Permit or Use Permit as follows:

a.

Unless the military expert responsible for operations in the Military Operations Area first provides the Planning Director with written concurrence that the height of the proposed structure or use would be compatible with military operations and mission, and notwithstanding any other provisions in this title, no Minor Use Permit or Use Permit may be issued for any structure that is above the floor elevations shown in the County's Military Overlay Zone Map.

b.

In instances where the required written concurrence from the military expert is requested but not received within thirty (30) calendar days, the Minor Use Permit may be considered and approved by the Zoning Administrator.

c.

Approval of a Minor Use Permit or Use Permit for structures above the floor elevations shown in the County's Military Overlay Zone Map may be approved by the Board of Supervisors upon a finding that the benefits of the requested obstruction into the Military Operating Area outweigh the potential impacts on military flight operations.

d.

That the proposed structure and use is consistent with all other applicable provisions of this ordinance.

4.

Where a finding is made during the Minor Use Permit or Use Permit review that the proposed structure and use penetrates the MOA floor elevation such that military operations within the MOA are impacted, and that the project is detrimental to the function of the MOA and would pose a health or safety hazard to the public and/or military personnel, the Minor Use Permit or Use Permit shall be denied.

(Ord. No. 4062, § 1, 9-10-13)