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.

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.

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.

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:

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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:

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.

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.

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.

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.

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.

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.

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.

Conditional uses. Conditional uses shall be reviewed by the Airport Commission, and Plan Commission, pursuant to Article V, Amery Zoning Code.

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.

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.

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.

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.

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.

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:

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.

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.

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:

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.

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.

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.