Town of Manitowish Waters, WI
Vilas County
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[HISTORY: Adopted by the Town Board of the Town of Manitowish Waters as Ch. 21 of the 2001 Code. Amendments noted where applicable.]
The following definitions shall apply in the interpretation and enforcement of this chapter unless the context otherwise requires:
The Manitowish Waters Municipal Airport.
Any structure, natural growth or use of land which obstructs the air space required for the flight of aircraft in landing or taking off at an airport or which is otherwise hazardous to such landing or taking off.
Crash, fire and rescue, or police motor vehicles, and such other equipment as the Airport Manager may designate as necessary to safeguard airport runways, taxiways, ramps, buildings and other property.
Approved equipment normally operated by the Town, fixed base operators and/or the Federal Aviation Administration on landing areas, runways, taxiways and peripheral roads for the servicing, maintenance and construction of airport facilities and equipment owned and operated by a contractor performing work on the airport under a contractual agreement with the Town.
Any structure, tree or use of land which does not conform to a regulation prescribed in this chapter or an amendment thereto on the effective date of such regulation.
Any person afoot.
A level portion of an airport having a surface specially developed and maintained for the landing and taking off of aircraft.
Any object constructed or installed by man.
Any object of natural growth, except 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.
Every device in, upon or by which any person or property is or may be transported or drawn, excepting aircraft.
The Town Board shall administer this chapter and enforce the regulations prescribed herein.
Permit required.
Structures. No structure shall hereafter be constructed, erected or installed, or be permitted to remain in any zone created by § 135-6, without a permit therefor from the Town Board, provided that no permit shall be required hereunder for structures more than 1/2 mile from the nearest airport boundary and less than 50 feet in maximum height above ground level at the building site.
Trees. No tree shall be planted without a permit therefor, and any tree planted without a permit or permitted to grow in violation of this chapter may be ordered removed by the Town Board upon its finding that such tree violates or shall violate the height restrictions for the zone in which located.
Nonconforming structures and trees. No nonconforming structures or trees shall be replaced, altered, repaired, rebuilt or replanted without a permit therefor.
Application and issuance. Application for such permit shall be made to the Town Board, shall indicate the use for which the permit is desired and describe and locate the use with sufficient particularity to permit the Town Board to determine whether such use shall conform to the regulations herein prescribed. If such determination is in the affirmative, the Town Board shall issue the permit applied for, but no permit shall be granted that will allow a nonconforming structure or tree to become a greater hazard to air navigation than it was when the permit was applied for.
Posting. Any permit issued hereunder shall be posted in a prominent place on the premises prior to and during the period of construction, erection, installation or establishment authorized thereby.
See Chapter 14, § 14-3 of this Code.
Board may grant variances. Upon appeal in special cases, the Board of Adjustment, after investigation and public hearing, may authorize a variance from the terms of this chapter as shall not be contrary to the public interest where, owing to special conditions, a literal enforcement of this chapter would result in unnecessary hardship, provided that such relief shall do substantial justice and be in accord with the spirit of this chapter and shall not create a hazard to the safe, normal operation of aircraft.
Procedure. Any appeal taken pursuant to this section shall be in conformity with the procedure established by § 62.23(7)(e), Wis. Stats.
Decisions of Town Board. Any person aggrieved or affected by any decision or action of the Town Board made in the administration of this chapter may appeal such decision or action to the Board of Adjustment.
All zones established by this chapter are as shown on a map titled "Zoning Map for the Manitowish Waters Municipal Airport, Vilas County, Wisconsin," which is adopted by reference and incorporated herein as though set forth in full. Such map is on file and available for public inspection in the Town offices.
Height limited. Except as otherwise provided in this chapter, no structure shall be constructed, altered, located or permitted to remain after such construction, alteration or location and no tree shall be allowed to grow to a height in excess of the height limit indicated on the map referred to in § 135-6.
Exceptions. The restrictions contained in Subsection A shall not apply to legal fences or to farm crops which are cut at least once a year.
Notwithstanding the provisions of § 135-7, no use may be made of land in any zone so as to create electrical interference with radio communication between the airport and aircraft, make it difficult for pilots to distinguish between airport lights and others, result in glare in the eyes of pilots using the airport, impair visibility in the vicinity of the airport or otherwise endanger the landing, taking off or maneuvering of aircraft.
Not retroactive. The provisions of §§ 135-6 and 135-7 shall not be construed to require the removal, lowering or other change or alteration of any nonconforming use, or otherwise interfere with the continuation of any nonconforming use, except as otherwise provided by § 135-3A(3) and B.
Removal. This section shall not interfere with the removal of nonconforming uses by purchase or eminent domain.
Any permit or variance granted under this chapter may, if such action is deemed advisable by the Town Board to effectuate the purposes of this chapter and is reasonable in the circumstances, be so conditioned as to require the owner of the structure or tree 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 pilots the presence of an airport hazard.
No vehicle shall enter or be driven upon or operated upon any airport runway, taxiway, ramp, tie-down area or any area posted by signs prohibiting the entrance thereon.
The provisions of this section shall not apply to emergency equipment or service, maintenance and construction equipment when engaged in performing normal duties.
Aircraft owners may be granted authorization by the Airport Manager or his designated representative to operate a vehicle to reach their own aircraft in a tie-down area. Aircraft owners desiring to operate a vehicle for this purpose shall request such authorization in advance. Any authorization granted shall apply only to a specific need request. Blanket-type authorizations shall not be granted. Unless specifically authorized, aircraft owners shall not pass over any runway, taxiway or ramp and shall proceed through such tie-down area at a speed not to exceed 10 miles per hour. They shall not at any time park a vehicle on any area used for the movement of aircraft. Such authorization shall not be granted contrary to the provisions of Part 139 or Part 107, Federal Aviation Regulations (applicable only to airline airports).
No vehicle shall be driven upon any road within the perimeter of the airport or upon other airport areas in excess of the speed limit posted, nor shall the driver of any vehicle fail to adhere to any sign posted to regulate vehicle traffic on or about the airport.
No pedestrian shall be allowed beyond the administration area or upon the apron or aircraft tie-down area unless for the purpose of embarking in or disembarking from an aircraft or unless authorized by the Airport Manager. Pedestrian traffic is prohibited on taxiways, runways and outlying areas of the airport except for those employees of the Town, county, state, federal government or contractors engaged in airport construction or maintenance work.
Vehicles parked at the airport shall be parked in designated areas and in accordance with posted signs or other markings. The Airport Manager may move or order the removal of, at the vehicle owner's expense, any vehicle improperly parked. Forfeitures may be levied in accordance with § 135-15.
Any person who shall violate any provision of this chapter, or any regulation, rule or order made hereunder, shall be subject to a penalty as provided by Chapter 1, § 1-4 of this Code.