[Amended 9-2-2009 by Ord.
No. 6-2009]
A.
Purpose. It is the purpose of this article is to regulate the use
of property, and to regulate and restrict the height of structures
and objects of natural growth in the vicinity of the Amery Municipal
Airport, in order to promote the public health, safety, convenience
and general welfare, to increase safety in the use of the airport,
and to protect persons and property within the airport affected area.
The associated map will outline the area within which basic overlay
zoning districts will be applied as a means of maintaining the best
interests of the operation of Amery Municipal Airport, as well as
encouraging the development of compatible lands uses on private property
within the area.
B.
Authorization. This article, designed to protect the approaches,
airspace, and physical areas of the Amery Municipal Airport, and to
ensure the compatibility of surrounding land uses and development
to the greatest extent possible, is adopted pursuant to §§ 62.23
and 114.136, Wis. Stats.
C.
Jurisdiction. The jurisdiction of this article shall extend over
all lands and waters within three statute miles of the boundaries
of the Amery Municipal Airport.
For the purposes of this article, certain words and terms are
defined as follows. Words used in the present tense include the future;
the singular number includes the plural number, and the plural number
includes the singular number; the word "shall" is mandatory and not
permissive. Any words not herein defined shall be construed as defined
in the state and City codes. All distances, unless otherwise specified,
shall be measured horizontally.
The Amery Municipal Airport, owned by and located in the
City of Amery, Polk County, Wisconsin.
Any structure, object, whether man-made or natural, or use
of land which obstructs the airspace required by FAA for the safe
flight of aircraft in landing or taking off at the airport, or is
otherwise hazardous to such landing and taking off, or to persons
using such lands or structures.
The Amery Municipal Airport Overlay Zoning and Height Limitation
Map dated August 19, 2009, which is attached hereto and adopted as
part of this article.[1]
Any construction which would result in a change in height
or lateral dimensions of an existing structure or object.
The City of Amery Airport Commission.
A facility used for and providing religious, fraternal, social,
or recreational programs generally open to the public and designed
to accommodate and serve significant segments of the community.
The erection or alteration of any structure or object, either
of a permanent or temporary character.
The City of Amery Zoning Department, or its agent.
A pond or pool used for the temporary storage of water runoff
and which provides for the controlled release of such waters.
Any man-made change to improved or unimproved real estate,
including, but not limited to: construction of, or additions or substantial
improvements to, buildings, other structures, or accessory uses; the
placement of mobile homes; mining, dredging, filling, grading, paving,
excavating or drilling operations; or depositing of materials.
The overall elevation above mean sea level of the top of
a structure, including any appurtenance installed thereon, or the
top of any object of natural growth.
Federal Aviation Administration.
Any object of natural growth, including trees, shrubs, or
foliage, except farm crops which are cut at least once a year.
The distance measured from the surface of the ground to the
highest point of any structure or growth.
Also termed a "game preserve." Properties used for the raising,
residence, and hunting of wildlife animals within a confined area
for commercial or fraternal hunting clubs.
The manager of the airport.
A building, or portion thereof, designed exclusively for
occupancy by three or more families living independently of each other
in individual dwelling units.
Any structure, tree, or land use which does not conform with
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 spouse, partner, trustee, receiver, assignee, or other similar
representative thereof.
All buildings or parts of buildings where people gather for
theater, recreation, entertainment, worship or educational purposes,
as a principal use.
Any use of the land lawfully in existence at the time this
article or an amendment thereto becomes effective.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
A pond designed to hold a specific amount of water indefinitely.
Usually the pond is designed to have drainage leading to another location
when the water level gets above the pond capacity, but still maintains
a certain capacity.
That portion of the airport having surfaces specially developed
and maintained for the landing and takeoff of aircraft.
An indoor or outdoor recreational facility with permanent
seating for individuals or stadium-style lighting.
Any object or construction installed by a person, the use
of which requires a permanent location on the ground, or attached
to something having a permanent location on the ground.
Any object of natural growth, except for farm crops which
are cut at least once a year, and except shrubs, bushes, or plants
which do not grow to a height of more than five feet above the ground.
The base or existing zoning ordinance in effect in an area
subject to this article.
A departure from the terms of this article as applied to
a specific building, structure or parcel of land, granted by the Zoning
Board of Appeals upon the applicant proving unnecessary hardship,
which permits the construction, alteration, remodeling or use of land
that deviates from the requirements of this article.
Also termed "wildlife refuge," refers to the use of public
or private property for the permanent or temporary residence or rehabilitation
of wildlife animals or birds. Properties typically include the use
of high fencing or netting to prevent wildlife from leaving the property.
The raising and keeping of farm animals, veterinary clinics, or dog
kennels are not considered wildlife sanctuaries.
The Zoning Administrator (or other authorized agent) for
the City of Amery.
The City of Amery Zoning Board of Appeals.
[1]
Editor's Note: Said map is on file in City offices.
A.
Use restrictions. Except as otherwise provided in this article, no
land, building, or structure shall hereafter be used or occupied and
no building, structure or part thereof shall hereafter be erected,
constructed, reconstructed, moved or structurally altered except in
conformity with all the regulations herein. Notwithstanding any other
provision of this article, the following standards shall be in full
force and effect:
(1)
Glare. No glare-producing materials shall be used on the exterior
of any structure, including any metal building, which are hazardous
to aviation, or result in glare in the eyes of pilots using the airport
(Zones 1, 2, 3, and 4).
(a)
Intent. An example of a development that has the potential to
cause hazardous glare is a multistory office complex encased in reflective
(mirrored) glass. An example of a development that would not likely
have the same potential is the addition of a sunroom on the side of
a house.
(2)
Lighting. There shall be no display of signs which produce a
flashing or blinking effect, nor any lighting which projects upward
in a manner that would interfere with aircraft, or a pilot's ability
to identify airport lights (Zones 1, 2, 3, and 4).
(a)
Intent. An example of lighting which would be of concern are
lighting patterns that could simulate runway edge lighting, end or
taxiway lighting, guidance lights; or upward-shining searchlights
used for commercial advertising.
(3)
Electrical interference. No structures or uses on land or water
shall create electrical or electronic interference with navigational
signals, or radio or radar communications between the aircraft and
a ground station (all zones).
(4)
Visibility. No structure or use shall impair the visibility
in the vicinity of the airport, or otherwise endanger or interfere
with the landing, taking off, or maneuvering of aircraft intending
to use the airport, including the emission or discharge of smoke which
would interfere with the health and safety of pilots and the public
in the use of the airport, or which would otherwise be detrimental
or injurious to the health, safety, and general welfare of the public
in the use of the airport (Zones 1, 2, 3, and 4).
(a)
Intent. An example of a development that would likely not have
the potential to cause visibility conflicts is the smoke produced
by a wood furnace for a single-family residence. An example of development
that has the potential to cause visibility conflicts is an industrial
complex with cooling towers, evaporation ponds, and smoke stacks.
B.
Hazard marking and lighting. Any permit or variance granted under
this article may, if such action is deemed advisable by the Department
to effectuate the purpose of this article and, if such is reasonable
in the circumstances, be so conditioned as to require the owner of
the structure or trees in question to permit the airport, at its own
expense, to install, operate, and maintain thereon such markers and
lights as may be necessary to indicate to the flyers the presence
of an airport hazard.
C.
Airport zones. All airport zones established by this article are
shown on a map entitled "Amery Municipal Airport Overlay Zoning and
Height Limitation Map," dated August 19, 2009, on file with the City,
and adopted as part of this article.
D.
Height zones. All height zones previously established by the Amery
Municipal Airport Height Limitation Zoning Ordinance, and shown on
a map dated January 13, 1996, are now included in this article and
shown on the Airport Zoning Map dated August 19, 2009.
E.
Height limitations. Except as otherwise provided in this article,
no structure, tree or growth shall be erected, altered, allowed to
grow, or be maintained within any of the zones established by this
article to an elevation in excess of the applicable elevation limitations
as shown on the Airport Zoning Map. The permitted elevation shall
not exceed the elevation limitation numbers shown within the various
zones encompassed by this article. Any structure constructed, altered
or located in violation of this article shall be removed at the owner's
expense. The Commission shall have the right to trim, prune, or remove,
at the Commission's expense, any tree allowed to grow to a height
in excess of the height limitation set forth herein.
(1)
Exceptions. The restrictions contained in this article shall
not apply to legal fences or to farm crops that are cut at least once
each year.
F.
District boundaries. "District boundary lines" are center lines of
highways, roads or pavements; section, division of section, tract,
or lot lines, or extensions of such lines, as applicable; or as otherwise
indicated.
(1)
When a district line divides a lot/parcel of record existing
prior to the effective date of this article, in such a manner that
a use is not permitted in the most restrictive district of such lot,
but is permitted on that portion of such lot in the lesser restrictive
district, then a permitted use may be developed only on that portion
of the lot/parcel where it is permitted, provided:
(a)
The use is permitted by the underlying zoning ordinance;
(b)
The use complies with all applicable setback requirements;
(c)
A site plan, drawn to scale showing the location of the use
and the district line on that lot/parcel, is submitted to the Department
and is reviewed and approved pursuant to the procedure contained herein;
(d)
The permitted use, if developed, in no way creates or increases
any hazard within the airspace required for takeoff, landing, or flight
of aircraft.
(2)
Zone 1 shall be the most restrictive, and Zone 5 shall be the
least restrictive.
G.
Notice/fair disclosure statement. No land shall be sold within Zones
1, 2, 3, 4, and 5 without the seller notifying any potential purchaser
of said real estate of the proximity of the airport and that the land
may be subject to noise, dust, lights, and the arrival and departure
of aircraft, which may cause damage to dwellings or other structures,
or may adversely impact the health of animals. The notification shall
include a disclosure that the property may be subjected to those land
use regulations adopted by this article.
In order to carry out the provisions of this article, there
are hereby created and established five zones as shown on the Airport
Zoning Map, consisting of one sheet, and attached to and made a part
of this article.[1] For the purpose of this article, the lands and waters
within three statute miles of the boundaries of the airport are divided
into five districts, defined as follows:
A.
Zone 1 - Airport District. The "Airport District" is defined as all
those lands owned by the airport and intended to be used for airport
purposes. The district is created to encompass areas that, due to
the operation of aircraft, could be exposed to excessive noise, are
within the aircraft approach and departure areas, or are in areas
which are exposed to a greater risk of aircraft crashes (crash hazard
area). The district is established to protect the approaches to the
airport from incompatible land uses, and to preserve the airport's
ability to serve its present and future air transportation needs.
Any expansion, alteration, or enlargement of any building, structure,
or property within this zone must be approved by the Department. The
boundaries of Zone 1 - Airport District are shown on the Airport Zoning
Map.
(1)
Permitted uses and structures. Only uses and structures that
are directly related to and necessary for the function and operation
of the airport.
(a)
Air terminals.
(b)
Aircraft hangars.
(c)
Runways, taxiways, aprons, and related lighting and air support
apparatus.
(d)
Airport administration and maintenance buildings and facilities.
(e)
Airport security, rescue, and firefighting buildings and facilities.
(f)
Aircraft repair and maintenance buildings and facilities.
(g)
Fuel storage facilities and pumps.
(h)
Commercial uses directly related to airport operations.
(i)
Public gatherings in conjunction with an airport-related activity
sponsored or approved by the airport
(j)
Air cargo facilities.
(k)
Intermodal facilities.
(l)
Other related airport uses and structures.
(m)
Municipal emergency response facilities.
(n)
Agricultural uses, provided they do not inadvertently result
in a concentration of birds or other wildlife, which poses a threat
to aviation operations.
(2)
Prohibited uses.
(a)
Any construction, expansion, alteration or enlargement to any building
or structure within this district is prohibited except for those uses
and buildings necessary for the function, enhancement, or operation
of the airport.
(b)
Wildlife sanctuaries, hunting preserves, or game preserves (including
aviaries).
(3)
Dimensional requirements. The size, height, location, and placement
of structures or objects shall comply with the Amery Municipal Airport
Layout Plan.
B.
Zone 2 - High Impact Runway Approach and Departure District. The
purpose of this district is to establish land use requirements in
areas that are typically overflown by aircraft during initial takeoff
and final landing maneuvers, and hence could be subjected to excessive
noise and greater risk of aircraft crashes. The boundaries of the
Zone 2 are shown on the Airport Zoning Map.
(1)
Permitted uses.
(a)
Single-family or duplex residential developments not to exceed
a gross density of one unit per 30,000 square feet, provided new residential
buildings are not directly located within the approach and departure
ends of each runway.
(b)
Those uses permitted by the underlying zoning ordinance except
for those uses specifically prohibited, or listed as a conditional
use, by this article.
(2)
Prohibited uses.
(a)
Multifamily residential developments.
(b)
Retirement, assisted living, and nursing homes.
(c)
Licensed group day-care facilities.
(d)
Hospitals, except for clinics or medical offices provided the
use does not include overnight sleeping quarters for patients.
(e)
Churches, schools, libraries, museums, and community centers.
(f)
Theaters, amphitheaters, and amusement parks.
(g)
Sports stadiums and spectator athletic fields.
(h)
Campgrounds.
(i)
Commercial or fraternal outdoor shooting ranges.
(j)
Wildlife sanctuaries, hunting preserves, or game preserves (including
aviaries).
(k)
Landfills, garbage dumps, offal dump sites, and other similarly
licensed or titled facilities used to process, bury, store, or otherwise
dispose of waste, trash, refuse, or dredge material that would attract
birds or rodents.
(3)
Conditional uses.
(a)
The creation, expansion, or restoration of retention or detention
ponds, wetlands, or any other body of water, either natural or artificial,
provided mitigation measures are taken to lessen the concern for wildlife
hazards. (Refer to FAA Advisory Circular 150/5200-33B, Hazardous Wildlife
Attractants on or Near Airports.)
(b)
Mineral extraction operations, provided the owner/operator of
the mineral extraction operation signs an operational agreement with
the Commission, agreeing to provide written notice to the airport
manager one week prior to the start of any blasting activities, as
resulting dust and debris may pose a threat to aviation operators.
Any site reclamation that includes the creation of water bodies shall
provide mitigation measures to lessen the concern for wildlife hazards.
(Refer to FAA Advisory Circular 150/5200-33B, Hazardous Wildlife Attractants
on or Near Airports.)
(c)
Enclosed trash transfer stations, provided the facility meets
the FAA's definition of a fully enclosed trash transfer station. (Refer
to FAA Advisory Circular 150/5200-33B, Hazardous Wildlife Attractants
on or Near Airports.)
(d)
Commercial or public composting operations that accept only
yard waste (e.g., leaves, lawn clippings, or branches), provided the
compost never includes food or other municipal solid waste.
(e)
Golf courses and driving ranges, except those designed with
lighting for nighttime play, provided mitigations measures are taken
to lessen the concern for wildlife hazards. (Refer to FAA Advisory
Circular 150/5200-33B, Hazardous Wildlife Attractants on or Near Airports.)
(4)
Construction requirements. All newly constructed, enclosed residential,
office, sales, and work areas that will be subject to a minimum of
four hours of continuous human occupancy per day shall utilize construction
techniques that provide a minimum of 10 decibels outdoor-to-indoor
noise-level reduction over industry standards for similar structures.
Installation of air conditioning shall meet the ten-decibel requirement
of this article.
(5)
Dimensional requirements:
(a)
Height. No structure or growth shall exceed the height permitted
by the Airport Zoning Map.
(b)
Setbacks. The setback requirements shall meet the municipal
setback requirements of the applicable municipal zoning code.
(c)
Lot area. The minimum lot area provisions of the underlying
zoning ordinance shall apply to all areas within Zone 2.
C.
Zone 3 - Moderate Impact Runway Approach and Departure District.
The purpose of this district is to establish land use requirements
in areas that may be overflown by aircraft entering, operating within,
and departing from a typical airport flight pattern, and hence could
be subject to occasional excessive noise and risk of aircraft crashes.
The boundaries of the Zone 3 are shown on the Airport Zoning Map.
(1)
Permitted uses. Those uses permitted by the underlying zoning
ordinance except for those uses specifically prohibited, or listed
as a conditional use, by this article.
(2)
Prohibited uses.
(a)
Retirement, assisted living, and nursing homes.
(b)
Licensed group day-care facilities.
(c)
Hospitals, except for clinics or medical offices, provided the
use does not include overnight sleeping quarters for patients.
(d)
Churches, schools, libraries, museums, and community centers.
(e)
Theaters, amphitheaters, and amusement parks.
(f)
Sports stadiums and spectator athletic fields.
(g)
Campgrounds.
(h)
Commercial or fraternal outdoor shooting ranges.
(i)
Wildlife sanctuaries, hunting preserves, or game preserves (including
aviaries).
(j)
Landfills, garbage dumps, offal dump sites, and other similarly
licensed or titled facilities used to process, bury, store, or otherwise
dispose of waste, trash, refuse, or dredge material that would attract
birds or rodents.
(3)
Conditional uses.
(a)
The creation, expansion, or restoration of retention or detention
ponds, wetlands, or any other body of water, either natural or artificial,
provided mitigation measures are taken to lessen the concern for wildlife
hazards. (Refer to FAA Advisory Circular 150/5200-33B, Hazardous Wildlife
Attractants on or Near Airports.)
(b)
Mineral extraction operations, provided the owner/operator of
the mineral extraction operation signs an operational agreement with
the Commission, agreeing to provide written notice to the airport
manager one week prior to the start of any blasting activities, as
resulting dust and debris may pose a threat to aviation operators.
Any site reclamation that includes the creation of water bodies shall
provide mitigation measures to lessen the concern for wildlife hazards.
(Refer to FAA Advisory Circular 150/5200-33B, Hazardous Wildlife Attractants
on or Near Airports.)
(c)
Enclosed trash transfer stations, provided the facility meets
the FAA's definition of a fully enclosed trash transfer station. (Refer
to FAA Advisory Circular 150/5200-33B, Hazardous Wildlife Attractants
on or Near Airports.)
(d)
Commercial or public composting operations that accept only
yard waste (e.g., leaves, lawn clippings, or branches), provided the
compost never includes food or other municipal solid waste.
(e)
Golf courses and driving ranges, except those designed with
lighting for nighttime play, provided mitigations measures are taken
to lessen the concern for wildlife hazards. (Refer to FAA Advisory
Circular 150/5200-33B, Hazardous Wildlife Attractants on or Near Airports.)
(4)
Construction requirements. All newly constructed, enclosed residential,
office, sales, and work areas that will be subject to a minimum of
four hours of continuous human occupancy per day shall utilize construction
techniques that provide a minimum of 10 decibels outdoor-to-indoor
noise-level reduction over industry standards for similar structures.
Installation of air conditioning shall meet the ten-decibel requirement
of this article.
(5)
Dimensional requirements.
(a)
Height. No structure or growth shall exceed the height permitted
by the Airport Zoning Map.
(b)
Setbacks. The setback requirements shall meet the municipal
setback requirements of the applicable municipal zoning code.
(c)
Lot area. The minimum lot area provisions of the underlying
zoning ordinance shall apply to all areas within Zone 3.
D.
Zone 4 - Noise Control/Overflight District. The purpose of this district
is to establish land use requirements in areas that are typically
within the flight pattern of aircraft approaching and departing the
airport's runways, and hence could be subject to occasional excessive
noise and risk of aircraft crashes. The boundaries of the Zone 4 are
shown on the Airport Zoning Map and include property approximately
within one mile of the ultimate runway (per the approved Airport Layout
Plan), not already within Zone 1, 2, or 3 of this article.
(1)
Permitted uses. Those uses permitted by the underlying zoning
ordinance except for those uses specifically prohibited, or listed
as a conditional use, by this article.
(2)
Prohibited uses.
(a)
Commercial or fraternal outdoor shooting ranges.
(b)
Any other construction or land use that would encourage the
concentration of bird (avian) populations except that customary and
reasonable agricultural practices that inadvertently result in a concentration
of birds are not prohibited.
(c)
Landfills, garbage dumps, offal dump sites, and other similarly
licensed or titled facilities used to process, bury, store, or otherwise
dispose of waste, trash, refuse, or dredge material that would attract
birds or rodents.
(3)
Conditional uses.
(a)
The creation, expansion, or restoration of retention or detention
ponds, wetlands, or any other body of water, either natural or artificial,
provided mitigation measures are taken to lessen the concern for wildlife
hazards. (Refer to FAA Advisory Circular 150/5200-33B, Hazardous Wildlife
Attractants on or Near Airports.)
(b)
Mineral extraction operations, provided the owner/operator of
the mineral extraction operation signs an operational agreement with
the Commission, agreeing to provide written notice to the airport
manager one week prior to the start of any blasting activities, as
resulting dust and debris may pose a threat to aviation operators.
Any site reclamation that includes the creation of water bodies shall
provide mitigation measures to lessen the concern for wildlife hazards.
(Refer to FAA Advisory Circular 150/5200-33B, Hazardous Wildlife Attractants
on or Near Airports.)
(c)
Enclosed trash transfer stations, provided the facility meets
the FAA's definition of a fully enclosed trash transfer station. (Refer
to FAA Advisory Circular 150/5200-33B, Hazardous Wildlife Attractants
on or Near Airports.)
(d)
Commercial or public composting operations that accept only
yard waste (e.g., leaves, lawn clippings, or branches), provided the
compost never includes food or other municipal solid waste.
(e)
Golf courses and driving ranges, except those designed with
lighting for nighttime play, provided mitigations measures are taken
to lessen the concern for wildlife hazards. (Refer to FAA Advisory
Circular 150/5200-33B, Hazardous Wildlife Attractants on or Near Airports.)
(4)
Construction requirements. All newly constructed enclosed residential,
office, sales, and work areas that will be subject to a minimum of
four hours of continuous human occupancy per day shall utilize construction
techniques that provide a minimum of 10 decibels outdoor-to-indoor
noise-level reduction over industry standards for similar structures.
Installation of air conditioning shall meet the ten-decibel requirement
of this article.
(5)
Dimensional requirements.
(a)
Height. No structure or growth shall exceed the height permitted
by the Airport Zoning Map.
(b)
Setbacks. The setback requirements shall meet the municipal
setback requirements of the applicable municipal zoning code.
(c)
Lot area. The minimum lot area provisions of the underlying
zoning ordinance shall apply to all areas within Zone 4.
E.
Zone 5 - Height Limitation District. The purpose of this district
is to protect the approaches to the airport from the construction
or erection of structures that would constitute a hazard to air navigation,
and from incompatible land uses. The boundaries of the Zone 5 include
all parcels falling within three statute miles, as shown on the Airport
Zoning Map.
(1)
Permitted uses. Those uses permitted by the underlying zoning
ordinance except for those uses specifically prohibited by this article.
(2)
Prohibited uses. Landfills, garbage dumps, offal dump sites,
and other similarly licensed or titled facilities used to process,
bury, store, or otherwise dispose of waste, trash, refuse, or dredge
material that would attract birds or rodents.
(3)
Conditional uses. The creation, expansion, or restoration of
retention or detention ponds, wetlands, or any other body of water,
either natural or artificial, provided mitigation measures are taken
to lessen the concern for wildlife hazards. (Refer to FAA Advisory
Circular 150/5200-33B, Hazardous Wildlife Attractants on or Near Airports.)
(4)
Dimensional requirements.
(a)
Height. No structure or growth shall exceed the height permitted
by the Airport Zoning Map. The restrictions shall not apply to structures
that are less than 45 feet above ground level. Construction plans
for structures greater than 45 feet above ground level shall be submitted
to the City for review and permitting.
(b)
Setbacks. The setback requirements shall meet the municipal
setback requirements of the applicable municipal zoning code.
(c)
Lot area. The minimum lot area provisions of the underlying
zoning ordinance shall apply to all areas within Zone 5.
[1]
Editor's Note: The Airport Zoning Map is on file in City offices.
A.
Nonretroactive. Nothing contained herein shall require any change
in the construction or alteration 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.
B.
Reconstruction. When a nonconforming use, building, structure or
tree is destroyed by fire, explosion, act of God, or the public enemy,
it may be restored to its original condition so long as it complies
with the underlying zoning ordinance requirements and the height limitations
imposed by this article as verified by a signed statement from the
Zoning Administrator prior to any such rebuilding, reconstructing
or rehabilitation.
C.
Alteration. Any principal nonconforming uses, as described in this
article, may be expanded, altered, or otherwise enlarged as long as
all of the following requirements are met:
(1)
The expansion, alteration, or enlargement meets the requirements
of height limitation zoning, and a statement showing such compliance
is signed by the City prior to the expansion, alteration, or enlargement.
(2)
The expansion, alteration, or enlargement in no way increases
or creates any hazard within the airspace required for the flight
of aircraft in landing or taking off, or creates or increases any
potential hazard to any persons on the ground.
D.
Removal. Nothing in this article shall interfere with or prevent
the removal of nonconforming uses by purchase or the use of eminent
domain in the manner provided by Wisconsin Statutes.
A.
Administrative responsibility. Regardless of the governmental jurisdiction
in which this article is in effect, administration of the article
shall be the responsibility of the City of Amery, unless otherwise
specified.
B.
Conflicting regulations. The provisions of this article shall prevail
over the zoning districts and regulations of Polk County, the Towns
of Alden, Black Brook, Garfield, and Lincoln. However, the provisions
of this article shall be considered minimum requirements. Where a
conflict exists between any of these zoning regulations and any other
regulations or ordinances applicable to the same site, whether the
conflict is with respect to the height of structures, or growths,
the use of land, or any other matter, the more stringent regulations
or ordinances shall govern and prevail. Regulations contained herein
pertaining to Zone 1 shall supersede and control over any local regulation
to the contrary.
C.
Whenever a use is neither specifically permitted nor denied, the
use shall be considered prohibited. In such a case, the Department,
on its own initiative or upon the request of a specific property owner,
may conduct a study to determine if the use is appropriate and which,
if any, performance standards are appropriate to govern said use.
D.
The Department shall have the right to remove, at the owner's expense,
any use or structure which was developed, constructed, or placed after
the adoption of this article and found to be in violation of this
article.
Applications for permits and variances shall be made to the
Zoning Administrator (or other authorized agent) upon a form furnished
by the City.
A.
Future uses. No structure shall hereafter be constructed, erected
or installed in any zone created by this article until the owner or
his or her agent shall have applied, in writing, for a permit therefor
and obtained such permit from the Department, 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 three miles from the airport boundary, provided that
the development activity is not a prohibited use.
(1)
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 Department to determine whether such use
would conform to the regulations herein prescribed.
(2)
Said permit shall be posted in a prominent place on the premises
prior to and during the period of construction, erection, installation
or establishment.
B.
Nonconforming structures. Before any nonconforming structure may be replaced, altered or rebuilt, a permit shall be applied for and secured in the manner prescribed by § 450-130 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 a permit was made.
C.
Conditional uses. Conditional uses shall be reviewed by the Airport Commission, and Plan Commission, pursuant to Article V, Amery Zoning Code.
D.
Expiration. Any permit issued under this article shall expire within
six months unless substantial work has commenced, or within 18 months
after the issuance of the permit if the structure for which a permit
is issued is not substantially completed, in which case of expiration,
the applicant shall reapply for a permit before commencing work on
the structure.
E.
Fees. Fees for the administration of this article and zoning permits
shall be established by the City. It is intended that the fees should
cover the reasonable costs of administering this article.
A.
Optional preapplication meeting. The property owner (or owner's agent)
of a proposed development within the jurisdiction of this article
is encouraged to submit preliminary information regarding the proposed
project to the City's Zoning Administrator (or other authorized agent)
prior to submitting a formal application.
B.
Application submittal. A complete application shall be submitted
to the City's Zoning Administrator (or other authorized agent). The
application shall indicate the use of which the permit is desired,
and shall describe and locate the use with sufficient detail to permit
the Zoning Administrator (or other authorized agent) to determine
whether such use would conform to the applicable provisions of this
article.
C.
Staff review. Upon receipt by the Zoning Administrator (or other
authorized agent), a copy of the application shall be transmitted
to the Chairperson of the Airport Commission, Plan Commission, and
the airport manager for comment. The Zoning Administrator (or other
authorized agent) may submit copies of the application to other departments
or government agencies, as deemed necessary, to provide adequate review
of the application. Applications shall be granted or denied within
30 days of the date of filing of the applications, unless Federal
Aviation Administration (FAA) approval is requested by the applicant
or the Airport Commission, in which case the Zoning Administrator's
(or other authorized agent) action may await determination by the
FAA.
D.
Approval. Prior to making a final decision, the Zoning Administrator
(or other authorized agent) may hold a meeting with the applicant
to discuss and attempt to resolve any issues that become evident during
the review of the application. Upon completion of the review of the
application, the Zoning Administrator (or other authorized agent)
shall make a determination and notify the applicant of one of the
following final actions:
(1)
Approved application.
(2)
Approved application, with modifications that the Zoning Administrator
(or other authorized agent) deems necessary to meet any criteria for
approval. An approval with modifications or conditions shall be agreed
upon by the property owner, unless the applicant appeals the final
action.
(3)
Denied application. Such denial must include specific reasons
for denial.
E.
Issuance of a building permit. If the Zoning Administrator (or other
authorized agent) approves the proposed development, the municipality
within which the development is located may issue a building permit.
If the proposed development is not approved, no building permit shall
be issued.
F.
Appeals. Applications for action by the Zoning Board of Appeals shall
be forthwith transmitted by the Zoning Administrator (or other authorized
agent) to the Board for hearing and decision.
A.
Aggrieved person. Any person aggrieved or affected by a decision
or action of the Department made in the administration of this article
may appeal such decision or action to the Zoning Board of Appeals,
provided:
(1)
Such appeals are filed with the Department within 30 calendar
days following the administrative decision. Applications for action
by the Zoning Board of Appeals shall be forthwith transmitted by the
Department to the Board for hearing and decision.
(2)
The appeal specifies the exact location of the parcel of land
affected by the decision and the reason(s) for the appeal.
B.
Variances. Upon appeal in special cases, the Zoning 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, or will not, create a hazard to the safe, normal operation
of aircraft.
In case of any violation of any provision of this article, the
Department may institute appropriate legal action or proceeding to
enjoin a violation of this article.
A.
Each violation of these regulations, or of any regulation, order,
or ruling promulgated hereunder, shall constitute an airport hazard,
and such hazard shall be removed by proper legal proceedings. In addition,
The City of Amery may institute in the Circuit Court of Polk County,
or any county in which the airport hazard is wholly or partially located,
an action to prevent and restrain, correct or abate any violation
of these zoning regulations, or any regulation, order, or ruling made
in connection with their injunction (which may be mandatory) or otherwise,
as may be proper under all the facts and circumstances of the case,
in order to fully effectuate the purposes of these zoning regulations
as adopted, and orders and rulings made pursuant thereto.
B.
Any person, firm, or corporation found guilty of violating any provision(s)
of this article shall, upon conviction thereof, forfeit not less than
$25 nor more than $500 for such offense, together with the costs of
prosecution. 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 provisions 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
by the City Council and publication.
