City of Onalaska, WI Design Overlay Districts

Purpose. The general purpose and intent of this section is to assume jurisdiction to administer the City of La Crosse's Airport Zoning Overlay Regulations (AOZD Regulations) for those areas affected by the City of La Crosse Airport Zoning Overlay District (AOZD) which fall within the City of Onalaska corporate limits, as defined below in Subsection B. Further, to provide citizens of the City of Onalaska with clarification of the requirements under the AOZD regulations which are applicable to the area within the City of Onalaska jurisdictional boundary as defined below in Subsection B. The purpose of the AOZD regulations, of which the City of Onalaska shall be responsible for implementing in their jurisdictional boundary, include to:

Promote the public health, safety, convenience, and general welfare of the residents surrounding the airport;

Protect the airport approaches and surrounding airspace from encroachment, as well as limit the exposure of impacts to persons, property, and facilities in proximity to the airport, located within the area encompassed by the AOZD;

Impose land use controls, which are in addition to those underlying zoning classifications, that will maintain a compatible relationship between airport operations and existing and future land uses within the City of Onalaska three-mile jurisdictional boundary as defined below;

Regulate and restrict the height of structures and objects of natural growth, concentrations of people (density), visual obstructions (smoke, steam, dust, etc.), electrical and navigational interference, noise-sensitive land uses, and wildlife and bird attractants within the City of Onalaska three-mile jurisdictional boundary as defined below in Subsection B;

Implement recommendations developed in the La Crosse Regional Airport Master Plan, Airport Land Use Plan, Airport Layout Plan and/or City of Onalaska Master Plan for those areas within the City of Onalaska three-mile jurisdictional boundary as defined below in Subsection B;

Promote compatible land uses while respecting the physical characteristics of the area, the airport, and surrounding property within the City of Onalaska's three-mile jurisdictional boundary as defined below in Subsection B;

Promote development in an orderly, planned, cost-effective, and environmentally sound manner within the City of Onalaska three-mile jurisdictional boundary as defined below in Subsection B;

Regulate and restrict building sites, placement of structures, and land uses by separating conflicting land uses and prohibiting certain land uses that are detrimental to airport operations, navigable airspace, and the airport and by limiting conflicts with airport operations, navigable airspace, and provide for the public health, safety, and welfare of residents located in the vicinity of the airport within the City of Onalaska three-mile jurisdictional boundary of the AOZD;

Provide a uniform basis for the preparation, implementation, and administration of sound airport protection regulations for all areas within the City of Onalaska three-mile jurisdictional boundary of the AOZD.

Authority and jurisdiction. The City of Onalaska hereby assumes the authority to administer the La Crosse Airport Zoning Overlay regulations for those areas within the corporate limits of the City of Onalaska, within the three-mile jurisdictional boundary of the AOZD as those boundaries now exist and as they are amended in the future. The regulations of the AOZD shall apply to all properties within the three-mile jurisdictional boundary identified by the application of § 114.136 of the Wisconsin Statutes, as may be amended, measured from the La Crosse Regional Airport property lines and to the limits represented by the six independent zones which are defined below as well as the height limitations outlined below.

General provisions.

Areas to be regulated. The AOZD has defined the following areas to be regulated, which may fall within the City of Onalaska jurisdictional boundaries:

Airport Overlay Zoning District Map; Height Limitation Zoning Map. The boundaries of each district are hereby established as shown on a map dated December 9, 2010, and as it may be amended, entitled "La Crosse Regional Airport Overlay Zoning District Map, La Crosse, Wisconsin," and the height restrictions are hereby established on a map entitled "Height Limitation Zoning Map, La Crosse Regional Airport, La Crosse, Wisconsin," which accompanies it and is hereby adopted as part of this section. Both the La Crosse Regional Airport Overlay Zoning District Map and the Height Limitation Zoning Map, La Crosse Regional Airport, La Crosse, Wisconsin, shall be on file in the office of the City of Onalaska Planning Department.

The elevation numbers indicated within each contour are hereby established and are made part of this section. Contour elevation numbers indicated on the Height Limitation Zoning Map, La Crosse Regional Airport, La Crosse, Wisconsin, provide the maximum permissible height above North American Vertical Datum 1988 (NAVD88), which buildings, structures, objects, or vegetation in that contour shall NOT exceed. If the Height Limitations Zoning Map, La Crosse Regional Airport, La Crosse, Wisconsin, indicates "Permit Required" instead of a height, a permit must be obtained, regardless of height. The provisions of the AOZD shall apply to all areas indicated on this Map.

Airport Overlay Zoning District. All La Crosse Regional Airport Overlay Zones are shown on the La Crosse Municipal Airport Overlay Zoning District Map and shall be on file in the office of the City of Onalaska Planning Department. These six zones encompass a three-mile radius from the La Crosse Regional Airport property line, as authorized by Wisconsin Statutes. No land use shall be allowed nor shall any structure be constructed, altered, located, or permitted which encroaches upon the La Crosse Regional Airport creating hazards for aircraft, airport operational area, and aircraft overflight areas, as well as nearby citizens. The area of La Crosse County, including those areas in the City of Onalaska jurisdictional boundaries, is divided into the following zones, as shown in Table 13.02.36-1 and Figure 13.02.36-1.

Zone A: Runway Protection Zone. Zone A is a trapezoidal shape which includes the area off the end of each runway which is designed to enhance the protection of people and property on the ground.

ii.

Zone B: Approach Surface. Zone B is a critical overlay zoning surface that reflects the approach and departure areas for each runway at the Airport. The size of Zone B is the combination of Zone B1, B2, and B3 and is predicated on a 50:1 approach surface:

Zone B1. The length of Zone B1 extends 3,750 feet from the outer edge of Zone A.

Zone B2. Zone B2 extends 3,750 feet beyond the outer edge of Zone B1.

Zone B3. Zone B3 extends from Zone B2 in the 50:1 approach, ending at the three-mile boundary.

iii.

Zone C: transitional surface. The areas within Zone C are those that extend 1,050 feet outward from the edge of the primary surface, paralleling the runway and extended runway center line with Zone B1, to a length equal to the outer edge of Zone A and then squared to meet Zone A.

iv.

Zone D: three-mile jurisdictional boundary. Zone D encompasses the horizontal innermost area, all of which represents the three-mile jurisdictional boundary, as provided for within Wisconsin Statutes §§ 114.135 and 114.136, as may be amended. Zone D is calculated by intersecting a series of three-mile arcs drawn from the outermost property boundaries of the Airport.

Table 13.02.36-1 Airport Overlay Zones B1, B2, C, and D Dimensional Requirements
Dimensions in Figure 1	Zone Designation	Runway Dimensional Standards
1	Primary surface width* and Zone A inner width	1,000 feet
2	Zone A outer width and Zone B1 inner width	1,750 feet
3	Zone B1 outer width and Zone B2 inner width	2,875 feet
4	Zone B2 outer width and Zone B3 inner width	4,000 feet
5	Zone C width from primary surface	1,050 feet
6	Zone A length	2,000 feet
7	Zone B1 length	3,750 feet
8	Zone B2 length	3,750 feet
9	Zone B3 length varies**
	Zone D	3-mile jurisdictional boundary outside of Zones A–B3

NOTES:
*	Primary surface width measures 1,000 feet across, or 500 feet on either side of the runway center line.
**	The length and outer width of Zone B3 varies based upon the proximity and angle at which Zone B3 intersects Zone D, which is the three-mile jurisdictional boundary from Airport property.
Source: Mead & Hunt

Figure 13.02.36-1

Airport Overlay Zones A, B1, B2, B3, C, and D Diagram

Compliance. Any development or use within the City of Onalaska jurisdictional boundaries shall be in compliance with the terms of this section, AOZD Regulations and other applicable local, state, and federal regulations.

Municipalities and state agencies regulated. Unless specifically exempted by law, all cities, villages, towns, and counties are required to comply with this section and obtain all necessary permits. State agencies are required to comply if § 13.48(13), Wis. Stats., as may be amended, applies.

Abrogation and greater restrictions. This section is not intended to repeal, abrogate, annul, impair, or interfere with any existing easements, covenants, or deed restrictions. However, wherever this section imposes greater restrictions, the provisions of this section shall govern.

Interpretation. In their interpretation and application, the provisions of this section shall be held to be minimum requirements, shall be liberally construed in favor of the City, and shall not be deemed a limitation or repeal of any powers granted to the City by the Wisconsin Statutes.

Warning and disclaimer of liability. The degree of protection provided by the AOZD regulations relative to aircraft operation and aircraft overflights is considered reasonable for regulatory purposes. Therefore, neither the AOZD regulations or this section interpretations thereof imply that land uses within the vicinity of the La Crosse Regional Airport will be totally free from aircraft noise impacts, aircraft operations, and aircraft overflights. Nor do the AOZD regulations or this section create liability on the part of, or a cause of action against the City of Onalaska, any officer or employee thereof, for incidents that may result from reliance on this section.

Severability. Each section, paragraph, sentence, clause, word and provision of this section is severable. If any provision of this section is adjudged unconstitutional or invalid for any reason, such decision shall not affect the remainder of this section.

Repeal. All other ordinances or parts of ordinances of the City inconsistent or conflicting with this section to the extent of inconsistency only, are hereby repealed.

General standards applicable to all permit required uses within the City of Onalaska Jurisdictional Boundary of the AOZD.

Any development which exceeds the applicable height limitation in the AOZD by more than 10 feet is not authorized. Any development that exceeds the applicable height limitation in the AOZD by 10 feet or less will automatically become a permit required use.

At the owner's expense, the technical expertise of a professional surveyor and/or engineer to determine exact locations and elevations may be required. This may be done to confirm the accuracy of information supplied by the applicant.

Those Building Inspection and Planning Department staff, when reviewing a zoning/building site permit (herein referred to as a "permit") application in the AOZD shall consider the factors listed below:

Potential to create an undue concentration of people (density);

Potential to cause visual obstructions through the creation of smoke, steam, dust, lighting or other unspecified obstruction that would adversely affect aircraft operational areas and airspace; and specifically the proximity to runway ends, runway surfaces and extended runway center lines;

Potential for noise sensitivity, and when necessary, ensuring building construction that reduces airport-related noises for proposed uses;

Potential to minimize the number and size of detention/retention ponds which may attract wildlife, by designing ponds to drain within 48 hours;

Potential to create wildlife attractants other than water; and

Potential storage of flammable or hazardous materials as defined by the International Building Code.

Airport Overlay Zoning Districts.

The AOZD has defined the following use restrictions which shall be applicable to those areas within the City of Onalaska jurisdictional boundary of the AOZD. Through the use of the La Crosse Regional Airport Height Zoning Map, heights of structures and features, both man-made and natural growth, shall be limited.

The following specific use restrictions and regulations shall also apply:

Existing uses. All existing property uses allowed by the current zoning classifications, within the zones defined by the AOZD and set forth in this section, are allowed to remain, subject to applicable federal, state, and local requirements including height limitations set forth in this section. This includes the construction of ancillary uses, such as garages, subject to existing local requirements. The AOZD regulations shall not require the removal of or any change in the construction, alteration, location, or use of any existing use; this includes the construction, alteration, or use of property or structural improvements lawfully in existence at the time of the effective date of this AOZD, or which commenced prior to the effective date of the AOZD regulations, and has been completed or is being diligently pursued. This includes vacant platted lots that were established to accommodate proposed development prior to the effective date of the AOZD regulations. It is further provided that the height limits of the AOZD regulations shall in no event be exceeded by more than 10 feet. If a use penetrates the applicable height limitation by 10 feet or less, it must be approved through the permitting process.

Partial/complete destruction or reconstruction. The owner of any existing use, building, or structure which, as a result of fire, flood, explosion, or other casualty is destroyed or is demolished by the owner, shall be allowed to rebuild, reconstruct, or rehabilitate the same existing use on the same parcel, provided the existing use is reviewed and complies with the La Crosse Regional Airport Height Zoning Map, and is not otherwise prohibited under the City of Onalaska UDC or Code of Ordinances.

ii.

Expansion of existing uses. Any existing use, as described in this ordinance, may be expanded, altered, or otherwise enlarged as long as the following requirements are met:

The expansion, alteration, or enlargement meets the requirements of the La Crosse Regional Airport Height Limitations Zoning Map, meets the criteria for the existing land use with no change in zoning classification, and is not otherwise prohibited under the City of Onalaska UDC or Code of Ordinances.

Before any nonconforming structure may be replaced, altered, or rebuilt, a permit shall be applied for and secured in the manner prescribed by Subsection F, Permit submittal requirements, 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 section, or than it was when the application for permit was made.

Future land use. Any changes in land use requiring a zoning reclassification are subject to the land use restrictions set forth below and illustrated in Table 13.02.36-2, titled "Land Use Compatibility Chart," and are to be evaluated with the criteria set forth in the AOZD checklist, is hereby adopted by reference.

Permitted uses are those land uses generally considered compatible within a particular zone of the AOZD. Compatible land uses do not impact or create hazardous conditions for aircraft, airport operational areas, or aircraft overflight areas, and are considered reasonably safe for nearby residents. Permitted uses, however, shall conform to all height restrictions within the AOZD. A permit and AOZD checklist is not required for compliance with this section.

ii.

Permit required uses are those land uses that shall be permissible following the issuance of a permit. The permit, which may include development and use related conditions, along with a signed AOZD checklist, notifies applicants of their responsibilities and required mitigation for any construction, alteration, location or use of land to minimize potential hazardous impacts to the La Crosse Regional Airport, aircraft, airport operational areas, and aircraft overflight areas, as well as nearby residents. Any use exceeding the height limitations by 10 feet or less requires a permit regardless of the type of land use.

iii.

Not permitted uses are those land uses generally considered not compatible (incompatible) and/or not permitted within a particular zone of the AOZD. Incompatible land uses endanger the health, safety, and welfare of nearby residents and aircraft utilizing the La Crosse Regional Airport.

Exceptions.

The restrictions contained in this section shall not apply to temporary cranes, temporary lifts, temporary scaffolding, and other similar temporary equipment used for normal and routine construction, provided that a permit with any conditions has been issued by a City of Onalaska Engineer or Building Inspector after obtaining the approval of the La Crosse Regional Airport Director or his/her designee and, if required, the Federal Aviation Administration (FAA) as a part of the FAA 7460-1 notification process.

Hazard marking and lighting.

All uses must comply with the FAA's requirements for marking and lighting per the current version of the Advisory Circular 70-7460, Obstruction Marking and Lighting. Additionally, any permit may, if such action is deemed advisable by the La Crosse Regional Airport Management, Wisconsin Department of Transportation Bureau of Aeronautics ("WI DOT BOA") and/or the FAA, require the owner of a structure or trees, to install, operate, and maintain thereon such markers, lights, and navigational aids as may be necessary to indicate to pilots the presence of a hazard, at the owner's expense.

Prohibited uses in the Airport Overlay Zoning District.

Any use that would exceed the height restrictions indicated on the Height Limitation Zoning Map by more than 10 feet.

Any use that is not permitted according to Table 13.02.36-2, Land Use Compatibility Chart.

Any use, temporary or permanent, which is determined to create a safety concern for aircraft operations, as defined by the WI BOA, the FAA, or the City of La Crosse, as owners of the Airport.

Table 13.02.36-2: Land Use Compatibility Chart
P = Permitted R = Permit Required N = Not Permitted
Land Uses^1,2,3	Zone A	Zone B1	Zone B2	Zone B3	Zone C	Zone D
Residential Activities
Single-family uses (1 unit per lot)	N	R	R	P	N	P
Multifamily uses (Three or more principal dwelling units within a single building on the same parcel) (e.g., apartment, condominium, townhouse-style)
Low-rise (2–3 stories) or mid-rise (4–12 stories)	N	R	R	P	N	P
High-rise (13+ stories)	N	N	R	P	N	P
Group Living Uses (e.g., assisted living, group care, independent group living, nursing and convalescent home)
Residential group living units (1 dwelling per lot)	N	R	R	P	N	P
Low-rise (2–3 stories) or mid-rise (4–12 stories)	N	R	R	P	N	P
High-rise (13+ stories)	N	N	R	P	N	P
Manufactured housing parks	N	N	R	P	N	P
Commercial Activities
Eating and drinking establishments (e.g., restaurant, cafe, fast-food restaurant, bar, nightclub)	N	R	R	P	N	P
General Office/Medical Office/Dental Office Uses (e.g., professional, business, financial, governmental)
Low-rise (2–3 stories)	N	R	P	P	R	P
Mid-rise (4–12 levels)	N	N	R	P	N	P
High-rise (13+ stories)	N	N	R	P	N	P
Hospitality-oriented (e.g., hotel, motel, convention center, meeting hall, event facility)
Low-rise (2 to 3 stories)	N	R	P	P	N	P
Mid-rise (4 to 12 stories)	N	N	P	P	N	P
High-rise (13+ stories)	N	N	R	P	N	P
Outdoor storage and display-oriented (e.g., lumber yard, vehicles sale, landscape sales, or farm supply equipment sale)	N	R	P	P	R	P
Personal service-oriented (e.g., retail service, banking facility, laundromat, dry cleaning, beauty salon, funeral home)	N	R	P	P	R	P
Vehicle servicing uses (e.g., full-serve gas station, unattended card key service station, vehicle repair shop, tire sale)	N	R	R	P	N	P
Retail Uses (e.g., sale, lease, or rent of new or used products)
Small sales-oriented (e.g., convenience store, bakery, garden supply, grocery, hardware, or electronics store)	N	R	P	P	R	P
Large sales-oriented (e.g., big box store, mall, strip mall)	N	R	R	P	R	P
Surface passenger services (e.g., passenger terminal for buses, rail service, local taxi, limousine service)	N	R	P	P	R	P
Industrial/Manufacturing Activities
Industrial service uses (e.g., machine shop, tool repair, towing/vehicle storage, building supply yard, exterminator)	N	R	P	P	R	P
Manufacturing and Production Uses (e.g., manufacturing, processing, fabrication, packaging or assembly of goods)
General manufacturing (e.g., manufacturing, assembling or treatment of most articles, materials, or merchandise)	N	R	P	P	R	P
Heavy manufacturing (e.g., concrete/asphalt plant, meat packing plant, wet corn milling, paper mill, ethanol plant, animal feed)	N	N	R	R	N	R
Mining and extraction uses	N	N	N	R	N	R
Salvage operations (e.g., collect, store, and dismantle damaged or discarded vehicles, machinery, appliances, building material)	N	R	R	P	N	P
Self-service storage uses (e.g., mini-warehouse, storage facility)	N	P	P	P	R	P
Warehouse/freight uses (e.g., major wholesale distribution center, freight storage, railroad switching yard)	N	R	P	P	R	P
Waste-related uses (e.g., recycling center, sanitary landfill, waste transfer station, composting, sanitary or water treatment facility)	N	N	N	R	N	R
Wholesale sales uses (e.g., sale, lease, or rental of products to retailers for industrial, institutional, or commercial business users)	N	R	P	P	R	P
Institutional Activities
College and universities (e.g., public or private college or university, technical college, seminary)	N	N	R	R	N	R
Community service uses (e.g., public, nonprofit, or charitable nature providing a local service to the people such as a library, museum, transit center, senior/community center, police/fire station)	N	N	R	R	R	R
Day-Care Uses (e.g., child-care center, adult day care, preschool, after-school program)
Residential day-care uses (e.g., in-home adult/child daycare facility)	N	R	R	P	N	P
Institutional day-care uses (e.g., child-care center, preschool, after-school program, adult day care)	N	N	R	R	N	R
Detention facilities (e.g., prison, jail, probation center, halfway house, juvenile detention home)	N	N	R	R	N	R
Educational Facilities
General educational facilities (e.g., public and private elementary, middle, junior, and senior high school including religious, boarding, military)	N	N	R	R	N	R
Specialized education facilities (e.g., specialized trade, business, or commercial courses, non-degree granting school)	N	N	R	R	R	R
Hospitals (e.g., hospital and medical center)	N	N	R	R	N	R
Religious assembly uses (e.g., church, temple, mosque, synagogue, eagles/moose/elk lodge)	N	N	R	R	N	R
Infrastructure Activities
Basic utility uses (e.g., utility substation facility electrical substation, water and sewer lift station)	N	R	R	P	R	P
Communication transmission facility uses (e.g., broadcast, wireless, point to point, or emergency tower and antennas)	N	N	R	R	N	R
Parking uses (e.g., ground lot, parking structure)	R	P	P	P	P	P
Transportation uses (e.g., local road, county road, highway, interstate)	R	P	P	P	P	P
Utility uses (e.g., wind generator, wind farm, solar power-generation equipment, water tower, transmission lines)	N	R	R	R	N	R
Agriculture and Open Space Activities
Agricultural Uses (e.g., commercial cultivation of plants, livestock production)
Animal- or plant-related (e.g., livestock, dairy, horse farm, crop farming, vegetable, fruit, tree, wholesale plant nursery)	R	P	P	P	P	P
Facility-related (e.g., fuel bulk storage or pumping facility, grain elevator, or livestock, seed, grain sales)	N	N	R	P	N	P
Resident-related (e.g., single-family home or mobile home if converted to real property and taxed)	N	R	R	P	N	P
Water bodies man-made resources (e.g., mining or extraction pond, wetland mitigation site)	N	R	R	R	N	R
Wildlife preservation areas (e.g., petting zoo, wildlife rehabilitation center, zoo, conservation areas)	N	N	R	R	N	R
Parks and Recreation Activities
Casino	N	N	R	R	N	R
Commercial recreational uses indoor or outdoor (e.g., physical fitness center, bowling alley, skating rink, indoor theater, campground, tennis/swimming facility, drive-in theater, skating rink, amphitheater)	N	R	R	R	N	R
Parks (e.g., aquatic, mini, private, sports, neighborhood, school, community)	N	R	R	R	N	R
Specialty uses (e.g., amusement or theme park, fairground, racetrack, sports arena)	N	N	R	R	N	R

NOTES:
¹	The following information is not an all-inclusive list; however, it provides a sample of the types of land uses under each individual land use classification.
²	Height limitations set forth in Section 13.02.36 supersede any land use criteria and must be followed first when determining compatibility of development.
³	Any future residential development within Zone A or Zone C is allowed but is limited to those lots currently zoned for residential use.

Permit submittal requirements.

For all permit required uses, the AOZD checklist shall be utilized to notify the applicant of their responsibilities as a property owner and will be used by the City of Onalaska Planning Department to evaluate the proposed development within the Onalaska jurisdictional boundary of the AOZD and determine if a permit will be issued. Each applicant shall be responsible to mitigate any construction, alteration, location or use of land to minimize potential hazardous impacts to the La Crosse Regional Airport, aircraft, airport operational areas, and aircraft overflight areas, as well as nearby residents. Failure of applicant to mitigate potential hazardous impacts shall be a violation of the terms and requirement of this section through the City's authority to implement the regulations of the AOZD. Applicant [and property owner(s) if different] shall acknowledge by signature their understanding of the mitigation criteria utilizing the AOZD checklist provided by the City or its representative according to Subsection G, Administration.

Administration.

The City of Onalaska Planning Department is authorized to administer this section and shall have the following responsibilities and powers:

Approve or conditionally approve permits that do not exceed required height restrictions;

Inspect any building site or improvement or use of land as required by this section;

Maintain records of approvals, denials, conditions of approvals, and inspections made, and maintain a complete public record of all proceedings;

Review and make recommendations to the Council on all Zoning Map changes and amendments to the text of the chapter;

Oversee the functions of all impacted areas by this section;

Require complete and accurate information necessary to make reasonable evaluations of applications;

Work and communicate with the City of La Crosse as necessary to ensure compatibility with City of La Crosse Ordinance 8-115 authorizing administration of this ordinance to the City of Onalaska;

Hear and grant applications for unclassified and unspecified uses, provided that such uses are similar in character to the principal uses permitted in the district;

Hear and grant applications for temporary uses in any district, provided that such uses are of a temporary nature, do NOT involve the erection of a substantial structure(s), and are compatible with neighboring uses. The permit shall be temporary, revocable, subject to any conditions required by the Zoning Administrator and shall be issued for a period not to exceed 12 months. Compliance with all other provisions of this section shall be required; and

Investigate violations and enforce the provisions of this section.

Land use permit. When required by this section, a permit (valid for 18 months) shall be obtained from the Planning Department before the removal of or any change in the construction, alteration, location, or use of any existing use or proposed use. In all cases, the height limits of the AOZD as set forth in this section shall not be exceeded by more than 10 feet. Uses that penetrate height limitations by 10 feet or less require a permit. The permit (for permit required uses or for future uses when specified), which may include development and use related conditions, along with a signed AOZD checklist, notifies applicants of their responsibilities and required mitigation for any construction, alteration, location or use of land to minimize potential hazardous impacts to the La Crosse Regional Airport, aircraft, airport operational areas, and aircraft overflight areas, as well as nearby residents. Said permit shall be posted in a prominent place on the premises prior to and during the period of construction, erection, installation or establishment. Failure to obtain a permit when required shall be a violation of this section. Application for a permit shall be made to the Planning Department upon furnished application forms and shall include the following data:

Name and address of the applicant, property owner, and contractor-builder;

An accurate properly dimensioned map drawn to a scale of not less than one inch equals 200 feet of the property, showing:

The location, dimensions, elevations, and contours of the site; elevations of all pertinent structures, fill, or storage areas; size, location, and spatial arrangements of all proposed and existing structures on the site; location and elevations of streets, water supply, and sanitary facilities; the relationship of the above to the La Crosse Regional Airport, as well as a particular zone(s) of the AOZD; and any other pertinent information that may be necessary to determine if the proposed use meets the requirements of this section.

Legal description of the property, the type of proposed use, and an indication as to whether new construction or a modification to an existing structure is involved;

A description of the proposed land use and building materials and landscaping materials;

The elevation of the highest point of the structure, object, or natural vegetation using National Geodetic and Vertical Datum when locating within the individual zone of the AOZD, including existing ground elevations reporting in mean sea level (MSL), height of the structure or object above ground measured in feet (AGL), and top elevation measured in MSL;

When the Planning Department or Airport Director deems necessary, evidence of submission of a Federal Aviation Administration Form 7460-1, Notification of Proposed Construction or Alteration, commonly known as an "airspace review." Receipt of final determination letter from the FAA is required prior to final approval or denial of a permit (as required for permit required uses or for future uses when specified). The FAA Form 7460-1 can be found online at https://www.faa.gov/documentLibrary/media/form/faa7460_1.pdf; and

Applicant's signed AOZD checklist accepting mitigation responsibilities to ensure that any use, construction or alteration of such use is compatible with this section.

Other permits. It is the responsibility of the applicant to secure all other necessary permits from all appropriate federal, state, and local agencies.

Board of Appeals. Appeals shall be made to the City of La Crosse Board of Appeals as set forth in the City of La Crosse Municipal Code, as amended, pursuant to Section 8-121 of the City of La Crosse Municipal Code, which is available on the City of La Crosse website (www.cityoflacrosse.org) or from the City of La Crosse's City Clerk's office.

Amendments.

The Common Council may amend or supplement the regulations of this section in the manner provided by law.

Fees.

Fees for the administration of this section and zoning permits are established by the City and are intended to cover the reasonable costs of administering this section. Such fees may be in addition to other building and zoning permit fees. When a zoning or a building permit fee is not required for a project but the AOZD checklist is required, a fee as set forth on the City Fee Schedule will be charged.

Violations.

It shall be unlawful to construct or use any structure, land, or water in violation of any of the provisions of this section. The City may institute appropriate action or proceedings to enjoin violations of this section or applicable state law.

Enforcement and penalties.

Any person or persons violating any provision of this section shall be subject to general penalty provisions listed in Section 1.01.17 of this Code of Ordinances. Each and every day during which a violation continues shall be deemed to be a separate offense. Notice of violations shall be issued by the Planning Department.