Juneau City Zoning Code

These regulations are adopted under the authority granted by Section 114.136, Wisconsin Statutes.

(Prior code § 10-6-1)

As used in this chapter, unless the context otherwise requires:

"Airport" means the Dodge County Airport located in Section 10.15 and 16, Township 11, North Range 15 East, Dodge County, Wisconsin.

"Airport hazard" means any structure or object of natural growth or use of natural growth, or use of land which obstructs the air space required for the flight of aircraft in landing or taking off.

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

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

"Runway" means a level portion of an airport having a surface specifically developed and maintained for the landing and take-off of aircraft.

"Structure" means any object constructed or installed by man.

"Tree" means 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 twenty (20) feet.

(Prior code § 10-6-2)

All zones established by this section are as shown on the map entitled "Height Limitation, Zoning Map, Dodge County Airport, Juneau, Wisconsin," and dated October 6, 1983, which is attached to the ordinance codified in this chapter and adopted by reference as part of this chapter, except that the Dodge County Airport property shall not be considered a zone, nor be subject to the provisions of this chapter.

(Prior code § 10-6-3)

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 trees shall be allowed to grow to a height in excess of the height limit indicated on the map referred to in Section 17.28.030.

(Prior code § 10-6-4)

The restrictions contained in Section 71.28.040 shall not apply to objects which are less than thirty-five (35) feet in height above ground level at the object site within one-half mile of the airport boundary or to structure less than fifty (50) feet in height above ground within the area being one-half mile from the airport boundary and extending to one mile from the airport boundary or to structures less than one hundred (100) feet in height above the ground within the area beginning one mile from the airport boundary and extending to three miles from the airport boundary.

(Prior code § 10-6-5)

Activities. Notwithstanding the provisions of Section 17.28.040, no use may be made of land in any zone in such manner as to create electrical interference with radio communication between the airport and aircraft or make it difficult for pilots to distinguish between airport lights and others, or result in glare in the eyes of pilots using the airport, or impair visibility in the vicinity of the airport or otherwise endanger the landing, taking off or maneuvering of aircraft.

(Prior code § 10-6-6)

A.

Not Retroactive. The regulations prescribed in Sections 17.28.030 and 17.28.040 shall 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 17.28.090(B).

B.

Changes. Nothing contained in this chapter 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 chapter, and if such is diligently prosecuted.

C.

Removal. This section shall not interfere with the removal of nonconforming uses by purchase or the use of eminent domain.

(Prior code § 10-6-7)

It shall be the duty of the county land use administrator, or his deputies to whom he may delegate his authority, to administer and enforce the regulations prescribed in this chapter. Applications which are by this chapter to be decided by the county land use administrator shall be granted or denied within thirty (30) days of the date of filing of the application unless Federal Aviation Administration approval is requested. Applications for action by the board of appeals shall be forthwith transmitted by the county land use administrator to the board for hearing and decision.

(Prior code § 10-6-8)

A.

Future Uses. No structure shall hereafter be constructed, erected or installed, or be permitted to remain in any zone created by Section 17.28.030 until the owner or his agent shall have applied in writing for a permit thereof and obtained such permit from the county land use administrator, except structures less than thirty-five (35) feet in height above the ground and within one-half mile of the airport boundary and structures less than fifty (50) feet in height above the ground within the area beginning one-half mile from the airport boundary and structures less than one hundred (100) feet in height above the ground within the area beginning one mile from the airport boundary and extending to three miles from the airport boundary.

B.

Existing Uses. Before any nonconforming structures may be replaced, altered, repaired or rebuilt, a permit shall be applied for and secured in the manner prescribed by subsection (A) of this section 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 chapter, or than it is when the application for permit is made.

C.

Fees. If a land use permit under the zoning ordinance, Dodge County, Wisconsin, or a building setback permit under the Dodge County highway setback ordinance is issued, there shall be no additional fee charged under this chapter. If no permit under the zoning ordinance, Dodge County, Wisconsin or Dodge County highway setback ordinance is required, fees in the amount of ten dollars ($10.00) dollars plus one dollar ($1.00) per one thousand dollars ($1,000.00) of valuation for construction and three cents ($.03) per square foot with a five-dollar ($5.00) minimum for any sign or billboard requiring a permit, are required with the application.

(Prior code § 10-6-9)

Any permit or variance granted under Section 17.28.090 or 17.28.120 may, if such action is deemed advisable by the county land use administrator to effectuate the purpose of this chapter 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 the flyers the presence of an airport hazard.

(Prior code § 10-6-10)

The Dodge County Board of Adjustment created pursuant to Section 59.99, Wisconsin Statutes is designated the board of appeals under this chapter.

(Prior code § 10-6-11)

A.

Variances. Upon appeal in special cases, the board of appeals may, after investigation and public hearing grant such variance from the terms of this chapter as will not be contrary to the public interest, where owing to special conditions, a literal enforcement of this chapter would result in unnecessary hardship and such relief will do substantial justice and be in accord with the spirit of this chapter and does not create a hazard to the safe, normal operation of aircraft.

B.

Aggrieved Person. Any person aggrieved or affected by any decision or action of the county land use administrator made in his administration of this chapter may appeal such decision or action to the board of appeals.

C.

Fees. The appellant shall pay a fee in the amount of fifty dollars ($50.00) at the time an appeal is filed.

(Prior code § 10-6-12)

Any person aggrieved, or any taxpayer affected, by any decision of the board of appeals, may appeal to the court of record as provided in Section 59.99(10) through (14) of Chapter 59, Wisconsin Statutes.

(Prior code § 10-6-13)

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

(Prior code § 10-6-14)

Where there exists a conflict between any of the regulations or limitations prescribed in this chapter and any other regulations applicable to the same area, whether the conflict be with respect to the height of structures or trees, the use of the land, or any other matter, the more stringent limitations or requirements shall govern and prevail.

(Prior code § 10-6-15)