[HISTORY: Adopted by the Common Council of the City of Lancaster
as indicated in article histories. Amendments noted where applicable.]
[Adopted 2-17-2014 by Ord. No. 2014-02]
As used in this article, the following terms shall have the
meanings indicated:
Crash, fire and rescue, or police motor vehicles and such
other equipment as the airport manager may designate as necessary
to safeguard airport runways, taxiways, ramps, buildings and other
property.
Any person afoot.
Approved equipment normally operated by the airport owner,
its agents or under contract, fixed base operator(s), or other governmental
agencies performing official duties on landing areas, runways, taxiways
and peripheral roads for the servicing, maintenance and construction
of airport facilities and services or for the servicing of aircraft.
This definition shall include equipment owned and operated by a contractor
performing work on the airport under a contractual agreement with
the City of Lancaster.
Every device in, upon, or by which any person or property
is or may be transported or drawn excepting aircraft.
A.Â
No vehicle
shall enter, be driven upon, or be operated upon any airport runway,
taxiway, ramp, tie-down area, or any area posted by signs prohibiting
the entrance thereon.
B.Â
The provisions
of this section shall not apply to emergency equipment or service,
maintenance, and construction equipment when engaged in performing
normal duties.
C.Â
Aircraft
owners may be granted authorization by the airport manager or his
designated representative to operate a vehicle to reach their own
aircraft in a tie-down area. Aircraft owners desiring to operate a
vehicle for this purpose shall request such authorization in advance.
Any authorization granted shall apply only to a specific need request.
Blanket-type authorizations shall not be granted. Unless specifically
authorized, aircraft owners shall not pass over any runway, taxiway,
or ramp and shall proceed through the tie-down area at a speed not
to exceed 10 miles per hour. They shall not at any time park a vehicle
on any area used for the movement of aircraft
No vehicle shall be driven upon any road within the perimeter
of the airport or upon other airport areas in excess of the speed
limit posted, nor shall the driver of any vehicle fail to adhere to
any sign posted to regulate vehicle traffic on or about the airport.
No pedestrian shall be allowed beyond the administration area
or upon the apron or aircraft tie-down area unless for the purpose
of embarking in or disembarking from an aircraft, or unless authorized
by the airport manager. Pedestrian traffic is prohibited on taxiway,
runways, and outlying areas of the airport except for those employees
of the City, county, state or federal government, or contractors engaged
in airport construction or maintenance work.
All vehicles parked on the airport shall be parked in designated areas and in accordance with posted signs or other markings. The airport manager may move or order the removal of any vehicle improperly parking, at the owner's expense. Fines or forfeitures may be levied in accordance with § 139-7.
It shall be the duty of the Police Chief of the City of Lancaster
to enforce the provisions of this article.
Any person who shall violate any of the provisions of this article
shall upon conviction thereof forfeit not less than $10 nor more than
$200, together with the costs of prosecution, and in default of payment
of the forfeiture and costs of prosecution shall be imprisoned in
the local jail until said forfeiture and costs are paid, but not exceeding
90 days.
[Adopted 8-17-2015 by Ord. No. 2015-02]
As used in this article, unless the context otherwise requires,
the following terms shall have the meanings indicated:
The Lancaster Municipal Airport located in Sections 25 and
36, Town 4 N, Range 3 W, Grant County, Wisconsin.
Any structure or object of natural growth which obstructs
the airspace required for the flight of aircraft in landing or taking
off operations at an airport, or which is otherwise hazardous to such
operations.
Any structure or tree which does not conform to a regulation
prescribed in this article, or an amendment thereto, as of the effective
date of such regulation.
Any individual, firm, partnership, corporation, company,
association, joint stock association, or body politic, and includes
any trustee, receiver, assignee, or other similar representative thereof.
A level portion of an airport having a surface specially
developed and maintained for the landing and takeoff of aircraft.
Any object constructed or installed by man.
Do not include shrubs, bushes or plants which do not grow
to a height of more than 20 feet.
All zones established by this article are as shown on the map
dated February 11, 2015, entitled "Height Limitation Zoning Map, Lancaster
Municipal Airport, Lancaster, Wisconsin," which is attached hereto
and adopted as part of this article.[1]
[1]
Editor's Note: Said map is on file in the office of the
City Clerk/Treasurer.
Except as otherwise provided in this article, no structure shall be constructed, altered, located or permitted to remain after such construction, alteration or location, and no trees shall be allowed to grow, to a height in excess of the height limit indicated on the map referred to in § 139-9 hereof.
The restrictions contained in § 139-10 shall not apply to objects which are less than 35 feet in height above ground level at the object site within one-half mile of the airport boundary or to structures less than 50 feet in height above ground within the area beginning one-half mile from the airport boundary and extending to one mile from the airport boundary or to structures less than 100 feet in height above the ground within the area beginning one mile from the airport boundary and extending to three miles from the airport boundary.
A.Â
Not retroactive. The regulations prescribed in §§ 139-9 and 139-10 of this article shall not be construed to require the removal, lowering or other change or alteration of any nonconforming use, or otherwise interfere with the continuance of any nonconforming use, except as otherwise provided by § 139-14B.
B.Â
Changes. Nothing herein contained shall require any change in the
construction, alteration or intended use of any structure, if the
construction or alteration of such was begun prior to the effective
date of this article and if such is diligently prosecuted.
C.Â
Removal. This section shall not interfere with the removal of nonconforming
uses by purchase or the use of eminent domain.
It shall be the duty of the Airport Manager to administer and
enforce the regulations prescribed herein. Applications for permits
and variances shall be made to the Airport Manager upon a form furnished
by him. Applications which are by this article to be decided by the
Airport Manager shall be granted or denied within 30 days of the date
of filing of the applications, unless Federal Aviation Administration
(FAA) approval is requested. Applications for action by the Airport
Committee shall be forthwith transmitted by the Airport Manager to
the Airport Committee for hearing and decision. There shall be no
charge for such applications or permits.
A.Â
Future uses. No structures shall hereafter be constructed, erected or installed, or be permitted to remain in any zone created by § 139-9 of this article, until the owner or his agent shall have applied in writing for a permit therefor and obtained such permit from the Airport Manager, except structures less than 35 feet in height above the ground and within one-half mile of the airport boundary and structures less than 50 feet in height above the ground within the area beginning one-half mile from the airport boundary and extending to one mile from the airport boundary, and structures less than 100 feet in height above the ground within the area beginning one mile from the airport boundary and extending to three miles from the airport boundary. Said permit shall be posted in a prominent place on the premises prior to and during the period of construction, erection, installation or establishment. Applications for such permit shall indicate the use for which the permit is desired and shall describe and locate the use with sufficient particularity to permit the Airport Manager to determine whether such use would conform to the regulations herein prescribed. If such determination is in the affirmative, the Airport Manager shall issue the permit applied for.
B.Â
Existing uses. Before any nonconforming structure may be replaced, altered, or rebuilt, a permit shall be applied for and secured in the manner prescribed by Subsection A authorizing such change, replacement or repair. No such permit shall be denied if the structure will not become a greater hazard to air navigation than it was on the effective date of this article, or than it was when the application for permit was made.
A.Â
Aggrieved person. Any person aggrieved or affected by any decision
or action of the Airport Manager made in his administration of this
article may appeal such decision or action to the Board of Appeals.
B.Â
Variances. Upon appeal in special cases the Board of Appeals may,
after investigation and public hearing, grant such variance from the
terms of this article as will not be contrary to the public interest,
where owing to special conditions, a literal enforcement of this article
would result in unnecessary hardship, and such relief will do substantial
justice and be in accord with the spirit of this article, and does
not create a hazard to the safe, normal operation of aircraft.
C.Â
Procedure. Any appeal taken pursuant to this section shall be in
conformity with the procedure established by § 62.23(7)(e)
of the Wisconsin Statutes.
Any person violating any of the provisions of this article shall, upon conviction, forfeit an amount within a range as shown in § 1-4 of the Municipal Code, together with the costs of prosecution, and in default of payment of such forfeiture and costs of prosecution shall be imprisoned in the county jail until said forfeiture and costs are paid, but not to exceed 30 days for each violation. Each day that a violation continues to exist shall constitute a separate offense.
If any of the provisions of this article or the application
thereof to any persons or circumstances is held invalid, such invalidity
shall not affect other provisions or applications of this article
which can be given effect without the invalid provision or application,
and to this end the provisions of this article are declared to be
severable.
This article shall take effect and be in force upon passage
and publication.
