It is the purpose of this section to regulate the use of property and restrict the height of structures and objects of natural growth in the vicinity of the Eagle River Union Airport to promote the public health, safety, convenience, and general welfare. This section is intended to protect the people living in the vicinity of the airport, the aircraft taking off from and landing at the airport, the future uses of said airport, and the public and private investment in the airport.

(Ord. No. 567, 1-12-2021; Ord. No. 568, 1-12-2021)

The following words, terms and phrases, when used in this article, will have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Airport means the Eagle River Union Airport located in Sections 20, 21, 28, 29 and 30, Town 40, Range 10, Vilas County, Wisconsin.

Airport hazard means any structure which obstructs the air space required for the flight of aircraft in landing or taking off at an airport or is otherwise hazardous to such landing or taking off.

Board of appeals means the board of appeals established by section 106-82.

Nonconforming use means any structure or tree or use of land which does not conform to a regulation prescribed in this chapter or an amendment to this chapter as of the effective date of such regulation.

Person means any individual, firm, partnership, corporation, company, association, joint stock association or body politic, including any trustee, receiver, assignee or other similar representative.

Runway means a level portion of an airport having a surface specially developed and maintained for the landing and takeoff of aircraft.

Structure means any object constructed or installed by man, whether temporary or permanent.

Trees means any object of natural growth, except shrubs, bushes or plants, which do not grow to a height of more than 20 feet.

(Code 1972, § 17.40(1), (8); Ord. No. 567, 1-12-2021; Ord. No. 568, 1-12-2021)

Cross reference— Definitions generally, § 1-2.

All zones established by this article are as shown on the map dated January 22, 2009 entitled "Height Limitation Zoning Map, Eagle River Union Airport, Vilas County, Wisconsin," which is adopted by reference in this section as if fully set forth.

(Code 1972, § 17.40(2); Ord. No. 468, 8-12-2008; Ord. No. 469, § 1, 8-12-2008; Ord. No. 567, 1-12-2021; Ord. No. 568, 1-12-2021)

Except as otherwise provided in this article, no structure may be constructed, altered, located or permitted to remain after such construction, alteration or location at a height in excess of the height limit indicated on the map referred to in section 106-592 and without consultation with the airport manager.

(Code 1972, § 17.40(3); Ord. No. 567, 1-12-2021; Ord. No. 568, 1-12-2021)

Activities. Notwithstanding the provisions of section 106-593, no use may be made of land in any zone in such a manner 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.

(Ord. No. 567, 1-12-2021; Ord. No. 568, 1-12-2021)

(a)

Not retroactive. The regulations prescribed in sections 106-592 and 106-593 may not be construed to require the removal, lowering or other change or alteration of any nonconforming use or otherwise interfere with the continuance of any nonconforming use, except as otherwise provided in section 106-597

(b)

Changes. Nothing contained in this section may require any change in the construction, alteration or intended use of any structure if the construction or alteration of such was begun prior to the effective date of the ordinance from which this article is derived and if such is diligently prosecuted.

(c)

Removal. This article will not interfere with the removal of a nonconforming use by purchase or by the use of eminent domain.

(Code 1972, § 17.40(5); Ord. No. 567, 1-12-2021; Ord. No. 568, 1-12-2021)

The city will administer and enforce the regulations prescribed in this article. Applications for permits and variances may be made to the airport commission and its recommendation will be made to the zoning administrator upon a form furnished by the administrator. Applications may be granted or denied within 30 days of the date of the filing of the applications by the airport commission, unless Federal Aviation Administration approval is requested. Applications for action by the board of appeals may be transmitted by the airport commission to the board for hearing and decision.

(Code 1972, § 17.40(6); Ord. No. 567, 1-12-2021; Ord. No. 568, 1-12-2021)

Cross reference— Administration, Ch. 2.

(a)

Future uses.

(1)

No structure may, after the adoption of the ordinance from which this article is derived, be constructed, erected or installed or be permitted to remain in any zone created by section 106-592 until the owner or his agent has applied in writing for a permit and obtained such permit from the airport commission.

(2)

Such permit will be posted in a prominent place on the premises prior to and during the period of construction, erection, installation or establishment.

(3)

An application for such permit will indicate the use for which the permit is desired and may describe and locate the use with sufficient particularity to permit the airport commission to determine whether such use would conform to the regulations prescribed in this article. If the application is approved, the airport commission will issue the permit.

(4)

The applicant will make an application to the zoning administrator for any required building permits, zoning compliance certificates or conditional use permits.

(b)

Existing uses. Before any nonconforming structure may be replaced, altered or rebuilt, a permit will be applied for and secured in the manner prescribed by subsection (a) of this section authorizing such change, replacement or repair. A permit will not be denied if the structure will not become a greater hazard to air navigation than it was on the effective date of the ordinance from which this article is derived or when the application for a permit was made.

(Code 1972, § 17.40(7); Ord. No. 567, 1-12-2021; Ord. No. 568, 1-12-2021)

Any permit or variance granted under sections 106-597 or 106-599 may, if such action is deemed advisable by the zoning administrator to effectuate the purpose of this ordinance 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 owner of 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.

(Ord. No. 567, 1-12-2021; Ord. No. 568, 1-12-2021)

(a)

Aggrieved persons. Any person aggrieved or affected by any decision or action of the airport commission made in the administration of this article may appeal such decision or action to the board of appeals.

(b)

Procedure. Any appeal taken pursuant to this section may be in conformity with the procedure established by Wis. Stats. § 2.23(7)(e).

(Code 1972, § 17.40(9)(b), (c); Ord. No. 567, 1-12-2021; Ord. No. 568, 1-12-2021)

Any person violating any of the provisions of this ordinance may, upon conviction, forfeit not less than $10.00 nor more than $200.00 for such offense, together with the costs of prosecution, and in default of payment of such forfeitures and costs of prosecution, may be imprisoned in the county jail until said forfeiture and costs are paid, but not to exceed 30 days for each violation. Each day that a violation continues to exist may constitute a separate offense.

(Ord. No. 567, 1-12-2021; Ord. No. 568, 1-12-2021)