April Dane County Code of Ordinances

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Chapter 78 I CHAPTER 78 78.02 ZONES. All zones established by this chapter are as shown on the map dated May 21, 1993, entitled, Special Regulation of Structures and Trees In The "Height Limitation Zoning Map, Dane County Vicinity of the Dane County Regional Airport Regional Airport, Madison, Wisconsin." Said map is on file in the Dane County Clerk's office and is 78.01 Defmitions. incorporated by reference as a part of this chapter as 78.02 Zones. though fully set forth herein. 78.03 Height Limitation Zones. [History:am.,OA 10, 1993-94,pub.09/18/93.] 78.04 Exceptions. 78.05 Non-Conforming Uses. 78.03 HEIGHT LIMITATION ZONES. Except as 78.06 Administration. otherwise provided in this chapter,no structure shall be 78.07 Permits. constructed, altered, located or permitted to remain 78.08 Board of Appeals. after such construction, alteration or location, and no 78.09 Appeal and Review. trees shall be allowed to grow,to a height in excess of 78.10 Penalties. the height limit indicated on the map referred to in section 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 less - State Law Reference: section 114.136,Wis. Stats. than thirty-five (35) feet in height above ground level at the object site within one-half mile of the airport 78.01 DEFINITIONS. Unless the context otherwise boundary or to structures less than fifty (50) feet in requires, the following definitions apply for purposes height above the ground within the area beginning one- of this chapter: half mile from the airport boundary and extending to (1) Airport means the Dane County Regional one mile from the airport boundary or to structures less Airport-Truax Field located in sections 17 through 21, than one hundred(100)feet in height above the ground inconclusive, and 28 through 33, inclusive, Town 8 within the area beginning one mile from the airport North,Range 10 East,Dane County,Wisconsin. boundary and extending to three miles from the airport (2) Airport hazard means any structure or object of boundary. natural growth, which obstructs the air space required for the flight of aircraft in landing or taking off at an 78.05 NONCONFORMING USES. airport or is otherwise hazardous to such landing or (1) No retroactive application. The regulations taking off prescribed in sections 78.02 and 78.03 of this chapter (3) Nonconforming use means any structure or tree shall not be construed to require the removal, lowering , which does not conform to a regulation prescribed in or other change or alteration of any nonconforming this chapter or an amendment thereto, as of the use, or otherwise interfere with the continuance of any effective date of such regulation. nonconforming use, except as otherwise provided by (4) Person means any individual, firm, partnership, section 78.07(2). corporation, company, association, joint stock (2) Changes. Nothing contained in association, or body politic, and includes any trustee, this chapter shall require any change in the receiver, assignee, or other similar representative construction,alteration or intended use of any structure, thereof. if the 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. '- I (6) Trees do not include shrubs, bushes or plants (3)Removal. This section shall not interfere with the which do not grow to a height of more than twenty removal of nonconforming uses by purchase or the use feet. of eminent domain. (7) Runway means a level portion of an airport having a surface specially developed and maintained 78.06 ADMINISTRATION. It shall be the duty of for the landing and takeoff of aircraft. the Dane County Zoning Administrator to administer and enforce the regulations prescribed in this chapter. Page 97 . Revised 4-30-97 I