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v 78-1 CHAPTER 78 78.02 ZONES. All zones established by this chapter are as shown on the map dated May 21, Special Regulation of Structures and Trees In The 1993, entitled, "Height Limitation Zoning Map, Vicinity of the Dane County Regional Airport Dane County Regional Airport, Madison, Wisconsin." Said map is on file in the Dane 78.01 Definitions. County Clerk's office and is incorporated by 78.02 Zones. reference as a part of this chapter as though fully 78.03 Height Limitation Zones. set forth herein. 78.04 Exceptions. [History: am., OA 10, 1993-94, pub. 09/18/93.] 78.05 Non-Conforming Uses. 78.06 Administration. 78.03 HEIGHT LIMITATION ZONES. Except as 78.07 Permits. otherwise provided in this chapter, no structure 78.08 Board of Appeals. shall be constructed, altered, located or permitted 78.09 Appeal and Review. to remain after such construction, alteration or 78.10 Penalties. 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 se ction 78.02. [History: cr. sub nom. ch. 36, 10/30/76; renum., 03/16/78.] 78.04 EXCEPTIONS. The restrictions contained in section 78.03 shall not apply to objects which are State Law Reference: section 114.136, Wis. Stats. less than thirty-five (35) feet in height above ground level at the object site within one-half mile of the 78.01 DEFINITIONS. Unless the context airport boundary or to structures less than fifty (50) otherwise requires,the following definitions apply feet in height above the ground within the area for purposes of this chapter: beginning one-half mile from the airport boundary (1) Airport means the Dane County Regional and extending to one mile from the airport Airport-Truax Field located in sections 17 through boundary or to structures less than one hundred 21, inconclusive, and 28 through 33, inclusive, (100) feet in height above the ground within the Town 8 North, Range 10 East, Dane County, area beginning one mile from the airport boundary Wisconsin. and extending to three miles from the airport (2) Airport hazard means any structure or object boundary. of natural growth, which obstructs the air space required for the flight of aircraft in landing or 78.05 NONCONFORMING USES. (1) No taking off at an airport or is otherwise hazardous to retroactive application. The regulations prescribed such landing or taking off. in sections 78.02 and 78.03 of this chapter shall (3) Nonconforming use means any structure or not be construed to require the removal, lowering tree which does not conform to a regulation or other change or alteration of any nonconforming prescribed in this chapter or an amendment use, or otherwise interfere with the continuance of thereto, as of the effective date of such regulation. any nonconforming .use, except as otherwise (4) . Person means any individual, firm, provided by section 78.07(2). partnership, corporation, company, association, (2) Changes. Nothing contained in this chapter joint stock association, or body politic, and shall require any change in the construction, includes any trustee, receiver, assignee, or other alteration or intended use of any structure, if the similar representative thereof. construction or alteration of such was begun prior (5) Structure means any object constructed or to the effective date of this chapter and if such is installed by man. diligently prosecuted. (6) Trees do not include shrubs, bushes or plants (3) Removal. This section shall not interfere with which do not grow to a height of more than twenty the removal of nonconforming uses by purchase or feet. the use of eminent domain. (7) Runway means a level portion of an airport having a surface specially developed and 78.06 ADMINISTRATION. It shall be the duty of maintained for the landing and takeoff of aircraft. the Dane County Zoning . Administrator to administer and enforce the regulations prescribed in this chapter. Applications for variances shall be printed 031795