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Price County, WI
 
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[HISTORY: Adopted by the Board of Supervisors of Price County 4-15-1997 by Ord. No. 4-97. Amendments noted where applicable.]
GENERAL REFERENCES
Airport — See Ch. 215.
This chapter is adopted pursuant to § 114.136, Wis. Stats.
As used in this chapter, unless the context otherwise requires, the following terms shall have the meanings indicated:
AIRPORT
The Price County Airport located in Sections 6 and 7, Town 37 North, Range 1 East, Price County, Wisconsin.
HAZARD
Any structure or object of natural growth which obstructs the airspace required for the flight of aircraft in landing and taking off at an airport or is otherwise hazardous to such landing or taking off.
HEIGHT
The elevation above mean sea level of the top of the structure, including any appurtenance installed thereon.
NONCONFORMING USE
Any structure which does not conform to the provisions of this chapter or an amendment thereto, as of the effective date of this chapter.
PERMIT
Written permission from the Price County Zoning Administrator on a form provided by the County stating that the proposed structure site either conforms to this chapter or has been granted a variance, per § 485-5.[1]
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.
TREE
Does not include shrubs, bushes or plants which do not grow to a height of more than 25 feet.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[Amended 8-19-2008 by Res. No. 64-08]
All zones established by this section are as shown on the map dated October 8, 2007, titled "Height Limitation Zoning Map, Price County Airport, Price County, Wisconsin," which is attached hereto and adopted as part of this chapter.[1]
A. 
Not retroactive. The regulations prescribed by this chapter 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 chapter or otherwise to interfere with the continuance of any nonconforming use, except as otherwise provided by § 485-5B. 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 chapter 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.
[1]
Editor's Note: A copy of the Height Limitation Zoning Map is on file at the office of the County Clerk and available at the Price County Zoning Office.
No structure shall be constructed, altered or located to a height in excess of the elevation indicated on the map referred to in § 485-3 of this chapter. Any structure constructed, altered or located in violation of this chapter shall be removed at the owner's expense. No trees shall be allowed to grow to a height in excess of the height limit indicated on the map referred to in § 485-3 of this chapter. Any tree not on County land exceeding the height limit will be purchased in accordance with § 485-3B.
A. 
Future uses. No structure shall hereafter be constructed or located that exceeds the height indicated in any zone created by § 485-3 of this chapter until the owner or his/her agent shall have applied in writing and obtained a permit from the Price County Zoning Administrator. Application for such permit shall indicate the purpose for which the permit is desired, with sufficient information to permit the Price County 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 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 chapter 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 Board of Adjustment may, after investigation and public hearing, grant a variance from the terms of this chapter. Such variance shall not be contrary to the public interest or create a hazard to the safe, normal operation of aircraft. Before considering a variance request, the applicant must show the Board of Adjustment a completed airspace study and determination from the Federal Aviation Administration (FAA). The Wisconsin Department of Transportation Bureau of Aeronautics is available to help the applicant initiate the airspace study.
[Amended 8-19-2008 by Res. No. 64-08[1]]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
It shall be the duty of the Price County Zoning Administrator to administer and enforce the regulations prescribed herein. Applications for permits and variances shall be made on a form provided by Price County Zoning Administrator. Applications for permits shall be granted or denied within 60 days of the date of filing. Applications for variances shall include evidence of Federal Aviation Administration review of the proposed construction (FAA Form 7460-1, Notice of Proposed Construction). All fees/charges for applications or permits will be administered by the Price County Zoning Office.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
The Price County Board of Adjustment shall have the power to hear and decide appeals from any determination made by the Price County Zoning Administrator in the enforcement of this chapter and to hear and decide specific variances.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
A. 
Aggrieved person. Any person aggrieved or affected by any decision or action of the Price County Zoning Administrator made in the administration of this chapter may appeal such decision or action to the Board of Adjustment.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
Procedure. Any appeal taken pursuant to this section shall be in conformity with the procedure established by the applicable Wisconsin Statutes.
Any person violating any of the provisions of this chapter shall, upon conviction, be subject to a forfeiture as provided in Chapter 290 of the County Code for such offense, together with the costs of prosecution, and in default of payment of such forfeiture and costs of prosecution shall by imprisoned in the Price County Jail until said forfeiture and costs are paid, but not to exceed 30 days for each violation. Each day that a violation continues to exist shall constitute a separate offense. Reference Chapter 530, Zoning, § 530-20.
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 is with respect to the height of the structure or any other matter, the more stringent limitations or requirements shall govern and prevail.