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