Grantsburg City Zoning Code
ARTICLE XII
Airport Height Limitation Zoning
§ 595-104 Short title; statutory authorization; purpose.
A.
Short title. This article shall be known and may be cited as the "Village of Grantsburg Airport Height Limitation Ordinance."
B.
Statutory authorization. This article is adopted pursuant to § 114.136, Wis. Stats.
C.
Statement of purpose.
(1)
It is hereby found that a structure or obstruction has the potential for endangering the lives and property of users of the airport administered by the Village of Grantsburg ("Grantsburg Municipal Airport") and the property or occupants of land in its vicinity; that a structure or obstruction may affect existing and future instrument approach minimums of the Grantsburg Municipal Airport (hereinafter "Airport"), and that a structure or obstruction may reduce the size of areas available for the landing, takeoff, and maneuvering of aircraft, thus tending to destroy or impair the utility and safety of the Airport and the public investment therein. Accordingly, it is declared that:
(a)
The creation or establishment of a structure or obstruction has the potential of being a public nuisance and may injure the region served by the Grantsburg Municipal Airport;
(b)
It is necessary in the interest of the public health, public safety, and general welfare that the creation or establishment of obstructions that are a hazard to air navigation and safety be prevented; and
(c)
The prevention of these obstructions and structures should be accomplished, to the extent legally possible, by the exercise of the Village's police powers.
(2)
It is further declared that the prevention of the creation or establishment of hazards to air navigation, the elimination, removal, alteration, or mitigation of hazards to air navigation, and marking and lighting of obstructions are public purposes for which a local government may raise and expend public funds and acquire land or interests in land.
§ 595-105 Definitions.
As used in this article, the following definitions are applicable unless the context otherwise requires:
AIRPORT
The Village of Grantsburg Municipal Airport, Burnett County, Wisconsin.
HEIGHT
The elevation above mean sea level of the top of the structure, including any appurtenances installed thereon.
NONCONFORMING USE
Any structure which does not conform to the provisions of this article or an amendment thereto, as of the effective date of this article.
PERMIT
Written permission from the Village of Grantsburg on a form provided by the Village stating that the proposed structure site either conforms to this article or has been granted a variance pursuant to § 595-109E.
PERSON
Any individual, firm, partnership, corporation, company, association, joint-stock association, or body politic, and includes any trustee, receiver, assignee, or other similar representative thereof.
STRUCTURE
Any object, including a mobile object, constructed, installed or located by a person.
§ 595-106 Airport zones; Height Limitation Zoning Map.
All zones established by this article are as shown on the map dated December 6, 1999, titled "Height Limitation Zoning Map, Village of Grantsburg Municipal Airport, Burnett County, Wisconsin," which is on file with the Village Clerk and is adopted and incorporated herein by reference as part of this article.
§ 595-107 Nonconforming uses.
A.
Regulations not retroactive. The regulations prescribed by this article shall not be construed to require the removal, lowering or other change or alteration of any structure not conforming to the regulations as of the effective date of this article or otherwise to interfere with the continuance of any nonconforming use, except as otherwise provided in § 595-109B. Nothing herein contained shall 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 this article, and if such is diligently prosecuted.
B.
Removal by purchase. This section shall not interfere with the removal of nonconforming uses by purchase or the use of eminent domain.
§ 595-108 Airport zone height limitations.
No structure shall be constructed, altered or located to a height in excess of the elevation indicated on the map referred to and adopted in § 595-106. Any structure constructed, altered or located in violation of this section or other regulations contained in this article shall be removed at the owner's expense.
§ 595-109 Permits.
A.
Future uses. No structure shall hereafter be constructed or located that exceeds the height indicated in any zone created by § 595-106 until the owner or his agent shall have applied in writing and obtained a permit from the Village of Grantsburg's Zoning Administrator. Application for such permit shall indicate the purpose for which the permit is desired, with sufficient information to permit the Zoning Administrator to determine whether such structure would conform to the regulations herein prescribed. If such determination is in the affirmative, the permit shall be granted.
B.
Existing uses. Before any nonconforming structure may be replaced, altered or rebuilt, a permit shall be applied for and secured in the manner prescribed in Subsection A above authorizing such change, replacement or repair. Such permit shall be granted 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 permit was made.
C.
Exemptions. Permits are not required for structures which are less than 35 feet in height above ground level at the structure site.
D.
Posting. Said permit shall be posted in a prominent place on the premises prior to and during the period of construction, erection, installation or establishment.
E.
Variances. Upon appeal in special cases, the Zoning Board of Appeals may, after investigation and public hearing, grant a variance from the terms of this article. Such variance shall not be to the contrary to the public interest or create a hazard to the safe, normal operation of aircraft.
§ 595-110 Administration and enforcement.
It shall be the duty of the Zoning Administrator to administer and enforce the provisions of this article.
A.
Applications for permits shall be made on a form provided by the Zoning Administrator. Applications for permits shall be granted or denied within 30 days of the date of filing.
B.
Proponents shall include with their applications for variances a letter of final determination from the Federal Aviation Administration (FAA) saying the proposed structure is no hazard to air navigation. Proponents may ask the FAA to complete an aeronautical study and issue a determination by submitting to the FAA an FAA Form 7460-1, Notice of Proposed Construction or Alteration. The FAA aeronautical study is free of charge but may take as long as 60 days to complete.
C.
Appeals shall be transmitted by the Zoning Administrator to the Zoning Board of Appeals for hearing and decision pursuant to the regulations for hearing such appeals prescribed in Article XV of this chapter.
D.
There shall be no charge for applications or permits; variance requests shall be accompanied by the standard variance request fee prescribed by the Village of Grantsburg's Schedule of Fees.