A.Â
Purpose.
The purpose of this chapter is to protect the existing and future
operation of the L.O. Simenstad Municipal Airport and the public investment
therein and to promote the health, safety, and general welfare of
the public and aviation users.
C.Â
Jurisdiction.
The jurisdiction of this chapter shall extend over all lands and waters
within three statute miles of the boundaries of the L.O. Simenstad
Municipal Airport, except for those lands and waters within Chisago
County, Minnesota, which are under the jurisdiction and administration
of Chisago County.
D.Â
Administration. The Osceola Airport Commission administers the L.O.
Simenstad Municipal Airport, Osceola, Polk County, Wisconsin. The
Commission's goal is to ensure reliable, safe, and nondiscriminatory
aeronautical services, facilities and air transportation and to foster
the economic health and orderly development of the airport and the
Village of Osceola. The following policies and minimum standards have
been adopted by the Commission and the owner for the orderly operation
of the airport:
(1)Â
The Osceola Airport Commission has jurisdiction for the construction,
improvement, equipment, maintenance, and operation of the airport
under § 114.14(2) and (3), Wis. Stats.
(2)Â
Five Commissioners shall be appointed by the Village President, subject
to the approval of the Village Board.
(3)Â
The terms of office for said Commissioners shall be six years.
(4)Â
The Commission shall elect one member Chairperson and one member
Secretary. Said election of those officers or any other officers shall
occur no less than once annually. The Secretary shall keep an accurate
record of all of the proceedings and transactions of the Commission
and report such at least quarterly to the Village Board.
(5)Â
All moneys appropriated for the construction, improvement, equipment,
maintenance or operation of the airport or earned by the airport or
made available for its construction, improvement, equipment, maintenance
or operation in any manner whatsoever shall be deposited with the
Treasurer of the Village, where it shall be accounted for separately
and paid out at the direction of the Airport Commission as provided
in § 114.14(2), Wis. Stats.
(6)Â
The Commission will report to the owner current information on aircraft
operations, based aircraft, airport expenditures, and revenues and
other such information as required by the owner.
E.Â
Enforcement. The Commission and the appropriate enforcement agent
or agency shall enforce the provisions of this chapter.
F.Â
Violations and penalties. Except as otherwise provided, any person found in violation of any provisions of this chapter or any order, rule or regulation made hereunder shall be subject to a penalty as provided in § 219-10 of the Municipal Code.
G.Â
Severability. If any of the provisions of this chapter or the application
thereof to any person or circumstances is held invalid, such invalidity
shall not affect other provisions or applications of the Chapter which
can be given effect without the invalid provision or application,
and to this end, the provisions of this chapter are declared to be
severable.
H.Â
Effect. This chapter amends the previous chapter, and all amendments
thereto, adopted by the Village Board of the Village of Osceola 4-15-2002
by Ord. No. 03-02.[1] This chapter shall take effect and be in force upon passage
by the Village Board and publication.
[1]
Editor's Note: Ordinance No. 03-02 was adopted 4-8-2003.
As used in this chapter, unless the context otherwise requires,
the following terms shall have the meanings indicated. Words used
in the present tense include the future; the singular number includes
the plural number, and the plural number includes the singular number;
the word "shall" is mandatory and not permissive. Any words not herein
defined shall be construed as defined in the state and Village codes.
Access to the common areas of the airport, including runways,
taxiways, aprons and other conveniences for the taxi, takeoff, flying
and landing of aircraft.
Any commercial service that involves, makes possible, or
is required for the operation of aircraft or which contributes to
or is required for such services.
The L.O. Simenstad Municipal Airport located in parts of
Sections 26, 27, 34, and 35, T33N, R19W, within the corporate limits
of the Village of Osceola in Polk County, Wisconsin.
Any object of natural growth, structure, or use of land which
obstructs the airspace required for the flight of aircraft in landing
or taking off at the airport or is otherwise hazardous to such landing
or taking off.
A scaled drawing of existing and proposed land and facilities
necessary for the operation and development of the airport, adopted
by the Airport Commission and Federal Aviation Administration.
A person employed by the Commission under § 114.14(3),
Wis. Stats.
The L.O. Simenstad Municipal Airport Overlay Zoning and Height
Limitation Map, Village of Osceola, Polk County, Wisconsin,"[1] dated July 1, 2009, which is attached hereto and adopted
as part of this chapter. Said map has been prepared for adoption as
a part of this chapter pursuant to the authority granted the Village
of Osceola under § 114.136, Wis. Stats.
Any construction, reconstruction, renovation or remodeling
that would result in the change of height or lateral dimensions of
an existing structure.
An easement drafted by the Village Attorney and approved
by the Airport Commission from the property owner to and for the benefit
and protection of the Village and airport. Avigation easements prohibit
uses, structures, trees, signs, stacks, and antennas that would protrude
into the airspace needed by aircraft using the airport and that are
not covered by the provisions of this chapter. All avigation easements
required by this chapter shall be recorded with the Register of Deeds
for Polk County.
Any person providing goods or services for compensation or
hire.
The Osceola Airport Commission.
A facility used for and providing religious, fraternal, social,
or recreational programs generally open to the public and designed
to accommodate and serve significant segments of the community.
The Village of Osceola Airport Department.
A pond or pool used for the temporary storage of water runoff
and which provides for the controlled release of such waters.
Any man-made change to improved or unimproved real estate,
including but not limited to construction of, or additions or substantial
improvements to, buildings, other structures, or accessory uses; the
placement of mobile homes; mining, dredging, filling, grading, paving,
excavating or drilling operations; or depositing of materials.
The overall distance above mean sea level to the top of a
structure, including any appurtenance installed thereon, or to the
top of any object of natural growth.
Ambulances, crash, rescue, and fire-fighting apparatus and
other equipment which the Commission may, from time to time, designate
as necessary to protect the airport runways, taxiways, ramps, buildings,
and other property.
The Federal Aviation Administration.
A commercial operator who provides any aeronautical services
at the airport.
A flying club is a group of people that organize to share
the cost of owning or leasing and operating aircraft.
Any object of natural growth, including trees, shrubs, or
foliage, except farm crops which are cut at least once a year.
The distance measured from the surface of the ground to the
highest point of any structure or growth.
Also termed a "game preserve." Properties used for the raising,
residence, and hunting of wildlife animals within a confined area
for commercial or fraternal hunting clubs.
An area of privately owned industrial land adjacent to airport
property, as shown on the Airport Layout Plan.
The property line between the airport and privately owned
industrial property.
The line as shown and labeled on the Airport Layout Plan
from which no industrial building may be erected closer to the runway.
A person who has signed a lease with the Commission.
Village equipment normally operated on landing areas, runways,
taxiways and peripheral roads for the servicing, maintenance and operation
of airport facilities and structures, and shall include equipment
operated by private contractors performing work on the airport premises
under contract with the Village or Commission.
The qualifications which are established by the Commission
as the minimum requirements to be met as a tenant or for the right
to provide aeronautical services at the airport.
A building composed of partitioned, nestled units designed
to house no more than one aircraft in each unit and having single
door openings for each unit.
Any tree, structure, pole, 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.
The Village of Osceola, Polk County, Wisconsin.
Any individual, firm, partnership, company, joint-stock association,
association, corporation, or body politic, and includes any trustee,
receiver, referee, assignee, or similar representative thereof.
All buildings, or parts of buildings, where people gather
for theater, recreation, entertainment, worship or educational purposes,
as a principal use.
Any use of land lawfully in existence as of the effective
date of this chapter, or any amendment thereto.
A building housing one or more aircraft for the personal
or business use of the hangar owner or lessee and in which no commercial
activity is allowed.
Property not owned by the Village and under jurisdiction
of the Commission.
A pond designed to hold a specific amount of water indefinitely.
Usually the pond is designed to have drainage leading to another location
when the water level gets above the pond capacity, but still maintains
a certain capacity.
A level portion of an airport having a surface specially
developed and maintained for the landing and takeoff of aircraft.
The use of land for the discharging of firearms for the purpose
of target practice, skeet, and trap shooting. Excluded from this definition
are general hunting and uses that do not pose an air navigational
hazard.
An indoor or outdoor recreational facility with permanent
seating for individuals or stadium-style lighting.
Any object constructed or installed by man.
Any person who leases public land or facilities from the
Commission for commercial or noncommercial use.
Any object of natural growth which exceeds five feet in height,
except for farm crops which are cut at least once each year.
The base, or existing, zoning ordinance in effect in an area
subject to this chapter.
A departure from the terms of this chapter as applied to
a specific building, structure, or parcel of land, granted by the
Board of Appeals upon the applicant proving unnecessary hardship,
which permits the construction, alteration, remodeling, or use of
land that deviates from the requirements of this chapter.
Also termed "wildlife refuge," refers to the use of public
or private property for the permanent or temporary residence or rehabilitation
of wildlife animals or birds. Properties typically include the use
of high fencing or netting to prevent wildlife from leaving the property.
The raising and keeping of farm animals, veterinary clinics, or dog
kennels are not considered wildlife sanctuaries.
The Zoning Administrator for the airport, as designated by
the Commission.
The Village of Osceola Zoning Board of Appeals.
[1]
Editor's Note: Said map is on file in the Village offices.
