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.
AIRPORT
The Amery Municipal Airport, owned by and located in the
City of Amery, Polk County, Wisconsin.
AIRPORT HAZARD
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.
AIRPORT ZONING MAP
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.
ALTERATION
Any construction which would result in a change in height
or lateral dimensions of an existing structure or object.
COMMUNITY CENTER
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.
CONSTRUCTION
The erection or alteration of any structure or object, either
of a permanent or temporary character.
DEPARTMENT
The City of Amery Zoning Department, or its agent.
DETENTION POND
A pond or pool used for the temporary storage of water runoff
and which provides for the controlled release of such waters.
DEVELOPMENT
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.
ELEVATION
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.
FAA
Federal Aviation Administration.
GROWTH
Any object of natural growth, including trees, shrubs, or
foliage, except farm crops which are cut at least once a year.
HEIGHT
The distance measured from the surface of the ground to the
highest point of any structure or growth.
HUNTING PRESERVE
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.
MANAGER
The manager of the airport.
MULTIFAMILY RESIDENTIAL DEVELOPMENT
A building, or portion thereof, designed exclusively for
occupancy by three or more families living independently of each other
in individual dwelling units.
NONCONFORMING USE
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.
PERSON
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.
PLACE OF PUBLIC ASSEMBLY
All buildings or parts of buildings where people gather for
theater, recreation, entertainment, worship or educational purposes,
as a principal use.
PREEXISTING PERMITTED 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)]
RETENTION POND
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.
RUNWAY
That portion of the airport having surfaces specially developed
and maintained for the landing and takeoff of aircraft.
SPECTATOR ATHLETIC FIELDS
An indoor or outdoor recreational facility with permanent
seating for individuals or stadium-style lighting.
STRUCTURE
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.
TREE
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.
VARIANCE
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.
WILDLIFE SANCTUARY
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.
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. 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.
(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
(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.
(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.
(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.
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.
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.