[Adopted 3-16-2015 by Ord. No. 0216-01-2015]
As used in this article, unless the context otherwise requires:
The Mauston-New Lisbon Union Airport located in Section 28,
Township 16 North, Range Three East, Juneau County, Wisconsin.
Any structure or object of natural growth which obstructs
the air space required for the flight of aircraft in landing or taking
off at an airport or is otherwise hazardous to such landing or taking
off.
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 take-off 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 twenty feet at maturity.
All zones established by this section are as shown on the map
dated 6/13/13 (and any amendments thereafter) entitled, "Height Limitation
Zoning Map, Mauston-New Lisbon Union Airport, New Lisbon, Wisconsin."
The original, full-scale maps are intended to be the official map,
as filed with clerks of both cities and both towns.
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 § 201-13 hereof. (As shown in the map, references are to elevations above sea level).
The restrictions contained in § 201-14 shall not apply to objects which are less than 35 feet in height above ground level at the object site within 1/2 mile of the airport boundary, or to structures less than 50 feet in height above ground within the area beginning 1/2 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.
Not retroactive. The regulations prescribed in §§ 201-13 and 201-14 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 § 201-18B.
B.
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 to completion.
C.
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 Airport Commission to administer and
enforce the regulations prescribed herein. Applications for permits
and variances shall be made to the Airport Commission upon a form
furnished by its secretary. Applications which are by this article
to be decided by the Airport Commission shall be granted or denied
within 30 days of the date of filing of the applications, unless Federal
Aviation Administration approval is requested. Applications for action
by the Board of Appeals shall be forthwith transmitted by the secretary
of the Commission to the Board for hearing and decision. There shall
be no charge for applications or permits.
A.
Future uses. No structure shall hereafter be constructed, erected or installed, or be permitted to remain in any zone created by § 201-13 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 Commission, except structures less than 35 feet in height above the ground and within 1/2 mile of the airport boundary and structures less than 50 feet in height above the ground within the area beginning 1/2 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 posed in a prominent place on the premises prior to and during the period of construction, erection, installation or establishment. Application 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 Commission to determine whether such use would conform to the regulations herein prescribed. If such determination is in the affirmative, the Airport Commission shall issue the permit applied for.
B.
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. 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.
There is hereby created a Board of Appeals, consisting of three
members, one being appointed by the City of Mauston Mayor, a second
being appointed by the City of New Lisbon Mayor and the third appointed
by the Town of Lisbon Board, subject to confirmation by both city
councils for terms of three years, excepting that of those first appointed.
For the first appointed Board, the first member shall serve one year;
the second member for two years and the third member for three years.
The members of said Board of Appeals shall receive the sum of $30
for each meeting attended by them.
A.
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.
B.
Aggrieved person. Any person aggrieved or affected by any decision
or action of the Airport Commission made in its administration of
this article may appeal such decision or action to the Board of Appeals.
C.
Procedure. Any appeal taken pursuant to this section shall be in
conformity with the procedure established by Section 62.23(7)(e) of
the Statutes.
Any person violating any of the provisions of this article shall,
upon conviction, forfeit not less than $10 per day nor more than $50
per day for such offense, 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 the 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.
