This chapter is adopted pursuant to § 114.136,
Wis. Stats.
As used in this chapter, unless the context
otherwise requires, the following terms shall have the meanings indicated:
AIRPORT
The Price County Airport located in Sections 6 and 7, Town
37 North, Range 1 East, Price County, Wisconsin.
HAZARD
Any structure or object of natural growth which obstructs
the airspace required for the flight of aircraft in landing and taking
off at an airport or is otherwise hazardous to such landing or taking
off.
HEIGHT
The elevation above mean sea level of the top of the structure,
including any appurtenance installed thereon.
NONCONFORMING USE
Any structure which does not conform to the provisions of
this chapter or an amendment thereto, as of the effective date of
this chapter.
PERMIT
Written permission from the Price County Zoning Administrator on a form provided by the County stating that the proposed structure site either conforms to this chapter or has been granted a variance, per §
485-5.
PERSON
Any individual, firm, partnership, corporation, company,
association, joint-stock association, or body politic, and includes
any trustee, receiver, assignee, or other similar representative thereof.
STRUCTURE
Any object, including a mobile object, constructed, installed
or located by a person.
TREE
Does not include shrubs, bushes or plants which do not grow
to a height of more than 25 feet.
[Amended 8-19-2008 by Res. No. 64-08]
All zones established by this section are as
shown on the map dated October 8, 2007, titled "Height Limitation
Zoning Map, Price County Airport, Price County, Wisconsin," which
is attached hereto and adopted as part of this chapter.
A. Not retroactive. The regulations prescribed by this chapter shall not be construed to require the removal, lowering or other change or alteration of any structure not conforming to the regulations as of the effective date of this chapter or otherwise to interfere with the continuance of any nonconforming use, except as otherwise provided by §
485-5B. 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 chapter and if such is diligently prosecuted.
B. Removal by purchase. This section shall not interfere
with the removal of nonconforming uses by purchase or the use of eminent
domain.
No structure shall be constructed, altered or located to a height in excess of the elevation indicated on the map referred to in §
485-3 of this chapter. Any structure constructed, altered or located in violation of this chapter shall be removed at the owner's expense. No trees shall be allowed to grow to a height in excess of the height limit indicated on the map referred to in §
485-3 of this chapter. Any tree not on County land exceeding the height limit will be purchased in accordance with §
485-3B.
It shall be the duty of the Price County Zoning
Administrator to administer and enforce the regulations prescribed
herein. Applications for permits and variances shall be made on a
form provided by Price County Zoning Administrator. Applications for
permits shall be granted or denied within 60 days of the date of filing.
Applications for variances shall include evidence of Federal Aviation
Administration review of the proposed construction (FAA Form 7460-1,
Notice of Proposed Construction). All fees/charges for applications
or permits will be administered by the Price County Zoning Office.
The Price County Board of Adjustment shall have
the power to hear and decide appeals from any determination made by
the Price County Zoning Administrator in the enforcement of this chapter
and to hear and decide specific variances.
Any person violating any of the provisions of this chapter shall, upon conviction, be subject to a forfeiture as provided in Chapter
290 of the County Code for such offense, together with the costs of prosecution, and in default of payment of such forfeiture and costs of prosecution shall by imprisoned in the Price 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. Reference Chapter
530, Zoning, §
530-20.
Where there exists a conflict between any of
the regulations or limitations prescribed in this chapter and any
other regulations applicable to the same area, whether the conflict
is with respect to the height of the structure or any other matter,
the more stringent limitations or requirements shall govern and prevail.