City of Watertown, WI
Jefferson/Dodge County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Common Council of the City of Watertown as Ch. 19 and § 3.19 of the former City Code. Amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 550.
As used in this chapter, the following terms shall have the meanings indicated:
AIRPORT
The Watertown Municipal Airport, located in Section 9, Town 8 North, Range 15 East, Jefferson County, Wisconsin.
AIRPORT HAZARD
Any structure, object of natural growth, or use of land which obstructs the air space required for the flight of aircraft in landing or taking off at an airport or is otherwise hazardous to such landing or taking off.
EFFECTIVE DATE
The effective date of this chapter is May 27, 1958.
HEIGHT
The overall height of the top of a structure, including any appurtenance installed thereon, or the top of any object of natural growth.
[Added by Ord. No. 99-10]
NONCONFORMING USE
Any structure, tree or use of land which does not conform to a regulation contained in this chapter or an amendment thereto as of the effective date of such regulation.
PERSON
Any individual, firm, partnership, corporation, company, association, joint-stock association or body politic, and includes any trustees, receiver, assignee or other similar representative thereof.
RUNWAY
A level portion of an airport having a surface specially developed and maintained for the landing and takeoff of aircraft.
STRUCTURE
Any object constructed or installed by man.
TREE
Any object of natural growth, except farm crops which are cut at least once a year, and except shrubs, bushes or plants which do not grow to a height of more than 20 feet.
[Amended by Ord. No. 99-9]
[Amended by Ord. No. 99-9; Ord. No. 08-01]
All zones established by this chapter are as shown on the map dated December 12, 2007, titled "Height Limitation Zone Map, Watertown Municipal Airport, Jefferson County, Wisconsin," which is adopted as part of this chapter.[1]
[1]
Editor's Note: The map is on file at the office of the City Engineer.
Except as otherwise provided in this chapter, no structure shall be constructed, altered, located or permitted to remain after such construction, alteration or 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 § 211-2.
A. 
Activities. Notwithstanding § 211-5, no use may be made of land in any zone in such a manner as to create electrical interference with radio communications between the airport and aircraft, or make it difficult for pilots to distinguish between airport lights and others, or result in glare in the eyes of pilots using the airport, or impair visibility in the vicinity of the airport, or otherwise endanger the landing, taking off or maneuvering of aircraft.
B. 
Exceptions. The restrictions contained in § 211-3 shall not apply to legal fences or to farm crops which are cut at least once each year. The restrictions contained in § 211-3 shall not apply to objects which are less than 50 feet in height above ground level at the object site and within three miles of the airport boundary.
[Amended by Ord. No. 99-9]
A. 
Not retroactive. The regulations prescribed in §§ 211-2 and 211-3 shall not require the removal, lowering or other change or alteration of any nonconforming use, or otherwise interfere with the continuance of any nonconforming use, except as otherwise provided by § 211-7.
B. 
Removal. This section shall not interfere with the removal of nonconforming uses by purchase or the use of eminent domain.
C. 
Changes. 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.
[Added by Ord. No. 99-10]
[Amended by Ord. No. 99-9]
It shall be the duty of the City Zoning Administrator to administer and enforce the regulations prescribed herein. Applications for permits and variances shall be made to the City Zoning Administrator on a form furnished by him. Applications for permits shall be granted or denied within 10 days of the date of filing of the applications unless Federal Aviation Administration approval is requested. Applications for variances by the Zoning Board of Appeals shall be forthwith transmitted by the City's Zoning Administrator to the Board for hearing and decision. There shall be no charge for applications or permits. There shall be charged the regular and standard fees in effect at the time of application for any variance requests.
[Amended by Ord. No. 99-9]
A. 
Future uses. No structure shall hereafter be constructed, erected or installed or be permitted to remain in any zone created by § 211-2 of this chapter until the owner or his agent shall have applied in writing for a permit therefor and obtained such permit from the City Zoning Administrator, except structures less than 50 feet in height above the ground and within three miles of the airport. Said permit shall be posted in a prominent place on the premises prior to and during the period of construction, erection, installation or establishment. Application for such permit shall indicate the use for which the permit is desired and shall describe and locate the use with sufficient particularity to permit the City Zoning Administrator to determine whether such use would conform to the regulations herein prescribed. If such determination is in the affirmative, the City Zoning Administrator shall issue the permit applied for. No tree may be planted without a permit, and any tree planted without a permit or permitted to grow without planting may be ordered removed at any time by the City Zoning Administrator upon his findings that such tree violates or is about to violate the height restriction for the zone. The City Zoning Administrator shall have the right to trim, prune or remove, at the owner's expense, any tree which was planted after adoption of this chapter and found to be in violation of the height restriction for the zone in which it is located.
B. 
Existing uses. Before any nonconforming structure or tree may be replaced, altered or repaired, rebuilt or replanted, a permit shall be applied for and secured in the manner prescribed by Subsection A, authorizing such change, replacement or repair. No such permit shall be denied if a 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. No such permit shall be granted that would allow the structure or tree to become a greater hazard to air navigation than it was on the effective date of this chapter or than it is when the application for permit is made.
[Amended by Ord. No. 99-9]
Any permit or variance granted under § 211-7 or 211-9 may, if such action is deemed advisable by the City Zoning Administrator to effectuate the purpose of this chapter and if such is reasonable in the circumstances, be so conditioned as to require the owner of the structure or trees in question to permit the owner of the airport, at its own expense, to install, operate and maintain thereon such markers and lights as may be necessary to indicate to flyers the presence of an airport hazard.
A. 
Variances. Variance requests shall be heard by the Zoning Board of Appeals created by § 550-156 of the Code of the City of Watertown. Upon appeal in special cases the Zoning Board of Appeals may, after investigation and public hearing, grant such variance from the terms of this chapter as will not be contrary to the public interest, where, owing to special conditions, a literal enforcement of this chapter would result in unnecessary hardship and such relief will do substantial justice and be in accord with the spirit of this chapter and does not create a hazard to the safe, normal operation of aircraft.
[Amended by Ord. No. 99-9]
B. 
Aggrieved person. Any person aggrieved or affected by any decision or action of the Zoning Administrator made in his administration of this chapter may appeal such decision or action to the Zoning Board of Appeals.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
C. 
Procedure. Any appeal taken pursuant to this section shall be in conformity with the procedure established by § 62.23(7)(e), Wis. Stats.
A. 
Definitions.
(1) 
Aeronautical services. "Aeronautical service" means any service which involves, makes possible, or is required for the operation of aircraft, or which contributes to or is required for the safety of such operation.
(2) 
Aircraft airframe, engine and accessory maintenance and repair. An aircraft airframe, engine and accessory maintenance (includes painting and interiors) and repair operator provides one or a combination of airframe, engine or accessory overhauls or repair services on aircraft. This category shall also include the sale of aircraft parts and accessories.
(3) 
Aircraft charter and air taxi. An aircraft charter and air taxi operator engages in the business of providing air transportation (of persons or property) to the general public for hire, either on a charter basis or as an air taxi operator, as defined by the Federal Aviation Regulations.
(4) 
Aircraft fuels and oil service. Fuel and oil services includes the sale and into-plane delivery of aviation fuels, lubricants and other related aviation petroleum products.
(5) 
Aircraft lease and rental. An aircraft lease or rental operator engages in the rental or lease of aircraft to the public.
(6) 
Aircraft sales. An aircraft sales operator (also known as a "fixed-base operator") engages in the sale of new aircraft through a franchise or licensed dealership or distributorship (either on a retail or wholesale basis) or used aircraft and provides such repair, services and parts as necessary to meet any guarantee or warranty on aircraft sold.
(7) 
Aircraft storage. An aircraft storage operator engages in the rental of conventional hangars or multiple T-hangers.
(8) 
FAA. "FAA" means Federal Aviation Administration.
(9) 
Flight training. A flight training operator engages in instructing pilots in dual and solo flight training, in fixed or rotary wing aircraft, and provides such related ground school instruction as is necessary to prepare to take a written examination and flight check ride for the category or categories of pilots' licenses and ratings involved.
(10) 
Flying clubs. A flying club must be a nonprofit Wisconsin corporation or partnership organized for the express purpose of promoting the hobby of flying among its members, providing flight training and instruction to its members and owning aircraft among its members. Each member must be a bona fide owner of the aircraft or owner of the corporation.
(11) 
Minimum standards. "Minimum standards" means the qualifications which are established herein by the airport owner as the minimum requirements to be met as a condition for the right to conduct an aeronautical service at, on or within the Watertown Municipal Airport.
(12) 
Multiple services. A multiple services operator engages in any two or more of the aeronautical services for which minimum standards have been provided in this section.
(13) 
Noncommercial aviation fuel usage. A noncommercial aviation fuel user maintains fuel storage and transfer only for his own aircraft or aircraft leased for his exclusive use.
(14) 
Operator. "Operator" means any person, firm, partnership, corporation, association or group providing any one or a combination of aeronautical services to or for aviation users at the airport.
(15) 
Owner. "Owner" means the City of Watertown Municipal Airport.
(16) 
Radio, instrument or propeller repair station. A radio, instrument or propeller repair station operator engages in the business of and provides a shop for the repair of aircraft radios, propellers, instruments and accessories for general aviation aircraft. This category shall include the sale of new or used aircraft radios, propellers, instruments and accessories. The operator shall hold the appropriate repair shop certificates issued by the FAA.
(17) 
Specialized commercial flying services. A specialized commercial flying services operator engages in air transportation for hire for the purpose of providing the use of aircraft for the activities listed below:
(a) 
Nonstop sightseeing flights that begin and end at the same airport;
(b) 
Crop-dusting, seeding, spraying and bird chasing;
(c) 
Banner towing and aerial advertising;
(d) 
Aerial photography or survey;
(e) 
Power line or pipe patrol; or
(f) 
Any other operations specifically excluded from Part 135 of the Federal Aviation Regulations.
B. 
Minimum standards for all operators. The following standards shall apply to all operators, with the exception of flying clubs, whose complete list of standards are presented in the section which pertains solely to that type of operation:
(1) 
The lease shall be for a term to be mutually agreed upon between the parties commensurate with the operator's financial investment in his facility.
(2) 
The operator shall have had experience in the aeronautical service he wishes to provide for a period of five years or have in a supervisory position a person with five years' experience. Should an operator not have such experience, but can demonstrate to the owner's satisfaction that he has had equivalent related experience, approval may be granted to the operator. A statement of qualifications shall accompany the operator's letter of intent to the airport owner.
(3) 
Any operator seeking to conduct aeronautical services at the airport must provide the owner a letter setting forth the operator's financial integrity, to the owner's satisfaction, from a bank or trust company doing business in the area, or such other source as may be readily verified through normal banking channels. The operator must also demonstrate that it has the financial ability or backing, where applicable, for the construction of facilities that may be required for the proposed operation. The operator must also provide a current financial statement, showing unencumbered current assets in an amount at least equalling three months' estimated maintenance and operating expenses.
(4) 
All operators shall provide proof of insurance coverage as required for each type of operation, with the following minimum limits of liability:
(a) 
Aircraft liability.
[1] 
Bodily injury and property damage, combined single limit: $100,000.
[2] 
Bodily injury (each passenger): $100,000.
(b) 
Comprehensive public liability and comprehensive property damage, including vehicular.
[1] 
Bodily injury and property damage, combined single limit: $300,000.
(c) 
Hangar keepers liability.
[1] 
Each accident: $100,000. Plus additional amounts necessary to cover the value of aircraft and equipment in the hangar or hangars at any time.
(d) 
Products liability.
[1] 
Each accident: $500,000.
(5) 
Each policy shall include the owner as an additional named insured, shall provide for notice to the owner in advance of cancellation, and shall otherwise be in a form satisfactory to the owner. Termination of insurance coverage constitutes immediate termination of all the operator's rights to operate at the airport.
(6) 
The operator shall hold harmless, indemnify and defend the owner in all actions brought against the owner related to the operator or the services provided by the operator.
(7) 
Each lease for ground space and contract for business at the airport entered into by the owner shall include all provisions required by the state and federal governments, including but not limited to nondiscrimination provisions, affirmative action assurances, civil rights assurances and nonexclusive rights provisions. The most current amendment form of such mandatory lease provisions shall be obtained from the state or federal governments and shall be included in each lease at the time of execution.
(8) 
All operators shall have the right, in common with others, to use common areas of the airport, including runways, taxiways, aprons, roadways, floodlights, landing lights, signals and other conveniences, for the takeoff, flying and landing of aircraft.
(9) 
Any construction required of any operator shall be in accordance with design and construction requirements of the owner, state and federal regulations and applicable codes. All plans and specifications shall be submitted to the owner for approval prior to any construction or modification.
(10) 
The operator shall provide a paved aircraft apron within the leased area to accommodate aircraft movement and from the taxiway or the access to the taxiway that has been or will be provided for the operator.
(11) 
The minimum square footage requirements of Subsections C through L below shall not apply to those parcels leased prior to January 1, 1989.
C. 
Aircraft sales. The following minimum requirements shall apply to aircraft sales operators:
(1) 
The operator shall lease from the owner an area of not less than 10,000 square feet of ground space to provide for outside display and storage of aircraft and on which shall be erected a building to provide at least 3,000 square feet of floor space for aircraft storage and at least 400 square feet of floor space for office, customer lounge and restroom, which shall be properly heated and lighted, and shall provide telephone facilities for customer use.
(2) 
The operator shall provide necessary and satisfactory arrangements for repair and servicing of aircraft, but only for the duration of any sales guarantee or warranty period. The operator shall provide an adequate inventory of spare parts for the type of new aircraft for which sales privileges are granted. The operator who is engaged in the business of selling new aircraft shall have available or on call at least one demonstrator.
(3) 
The following types of insurance are required in the amounts stated in Subsection B(4):
(a) 
Aircraft liability.
(b) 
Comprehensive public liability and comprehensive property damage, including vehicular.
(c) 
Hangar keepers liability (if nonowned aircraft are left in the operator's care).
(d) 
Products liability.
(4) 
The operator shall have his premises open and services available eight hours daily, five days a week. The operator shall make provision for someone to be in attendance in the office at all times during the required working hours.
(5) 
The operator shall have in his employ, and on duty during business hours, trained personnel in such numbers as are required to meet the minimum standards set forth in an efficient manner. The operator shall also maintain, during all business hours, a responsible person in charge to supervise the operations in the leased area, with the authorization to represent and act for and on behalf of the operator and provide check ride pilots for aircraft sold.
D. 
Aircraft airframe, engine and accessory maintenance and repair. The following minimum requirements apply to aircraft airframe, engine and accessory maintenance and repair operators:
(1) 
The operator shall lease from the owner an area of not less than 10,000 square feet of ground space to provide for outside display and storage of aircraft and on which shall be erected a building to provide at least 3,000 square feet of floor space for aircraft storage and at least 400 square feet of floor space for office, customer lounge and restroom, which shall be properly heated and lighted, and shall provide telephone facilities for customer use.
(2) 
The operator shall provide sufficient equipment, supplies and availability of parts equivalent to that required for certification by the FAA as an approved repair station.
(3) 
The following types of insurance are required in the amounts stated in Subsection B(4):
(a) 
Aircraft liability.
(b) 
Comprehensive public liability and comprehensive property damage, including vehicular.
(c) 
Hangar keepers liability (if nonowned aircraft are left in the operator's care).
(d) 
Product liability.
(4) 
The operator shall have his premises open and services available eight hours daily, five days a week. The operator shall make provision for someone to be in attendance in the office at all times during the required working hours.
(5) 
The operator shall have in his employ, and on duty during business hours, trained personnel in such numbers as are required to meet the minimum standards set forth in this category of services in an efficient manner, but never less than one person currently certified by the FAA with ratings appropriate to the work being performed and who holds an airframe, power plant or an aircraft inspector rating and one other person not necessarily rated.
E. 
Aircraft lease and rental. The following minimum requirements apply to aircraft lease and rental operators:
(1) 
The operator shall lease from the owner an area of not less than 10,000 square feet of ground space to provide for outside display and storage of aircraft and on which shall be erected a building to provide at least 3,000 square feet of floor space for aircraft storage and at least 400 square feet of floor space for office, customer lounge and restroom, which shall be properly heated and lighted, and shall provide telephone facilities for customer use.
(2) 
The operator shall have available for rental, either owned or under written lease to the operator, not less than two certified and currently airworthy aircraft, at least one of which must be a four-place aircraft and at least one of which must be equipped for and capable of flight under instrument weather conditions.
(3) 
The following types of insurance are required in the amounts stated in Subsection B(4):
(a) 
Aircraft liability.
(b) 
Comprehensive public liability and comprehensive property damage, including vehicular.
(4) 
The operator shall have his business open and services available eight hours daily, five days a week. The operator shall make provisions for someone to be in attendance in the office at all times during operating hours.
(5) 
The operator shall have in his employ, and on duty during business hours, a minimum of one person having a current FAA commercial pilot certificate with appropriate ratings, including instructor rating.
F. 
Flight training. The following minimum requirements apply to flight training operators:
(1) 
The operator shall lease from the owner an area of not less than 10,000 square feet of ground space to provide for outside display and storage of aircraft and on which shall be erected a building to provide at least 3,000 square feet of floor space for aircraft storage and at least 400 square feet of floor space for office, customer lounge and restroom, which shall be properly heated and lighted, and shall provide telephone facilities for customer use.
(2) 
The operator shall have available for rental, either owned or under written lease to the operator, not less than two certified and currently airworthy aircraft, at least one of which must be a four-place aircraft and at least one of which must be equipped for and capable of flight under instrument weather conditions.
(3) 
The following types of insurance are required in the amounts stated in Subsection B(4):
(a) 
Aircraft liability.
(b) 
Comprehensive public liability and comprehensive property damage, including vehicular.
(4) 
The operator shall have his business open and services available eight hours daily, five days a week. The operator shall make provisions for someone to be in attendance in the office at all times during operating hours.
(5) 
The operator shall have on a full-time basis at least one flight instructor who has been properly certified by the FAA to provide the type of training offered.
G. 
Aircraft fuels and oil service. The following minimum requirements apply to aircraft fuels and oil service operators:
(1) 
The operator shall lease from the owner an area of not less than 10,000 square feet of ground space to provide for outside display and storage of aircraft and on which shall be erected a building to provide at least 3,000 square feet of floor space for aircraft storage and at least 400 square feet of floor space for office, customer lounge and restroom, which shall be properly heated and lighted, and shall provide telephone facilities for customer use.
(2) 
As part of the leasehold, the owner shall set aside land in a designated area for the bulk fuel storage facility. The storage facility shall have at least a minimum 10,000 gallons' capacity for each grade of fuel (avgas and jet fuel) maintained by the owner. The owner shall provide the required pumping equipment to meet all applicable safety requirements relative to fuel dispensing as required by federal, state and local regulations and shall provide reliable metering devices which conform to federal, state and local regulations.
(3) 
The operator shall provide the following services to general aviation aircraft only within the premises leased to the operator:
(a) 
Minor repair services which do not require a certified mechanic rating.
(b) 
Cabin services which can be performed efficiently on the ramp or apron parking area.
(c) 
Ramp assistance services which includes the parking, storage and tie-down of aircraft.
(4) 
The operator shall procure and maintain tools, jacks, towing equipment, tire repairing equipment, energizers and starters, heaters, oxygen supplies, fire extinguishers, and passenger loading steps, as appropriate and necessary. They shall be maintained and operated in accordance with local, state and federal requirements.
(5) 
The following types of insurance are required in the amounts stated in Subsection B(4):
(a) 
Comprehensive public liability and comprehensive property damage, including vehicular.
(b) 
Hangar keepers liability (if nonowned aircraft are left in the operator's care).
(c) 
Product liability.
(6) 
The operator shall have his premises open for eight hours a day, seven days a week, and provide on-call aircraft servicing during all other hours. The operator shall make provisions for someone to be in attendance in the office at all times during the required operating hours.
(7) 
The operator shall have in his employ, and on duty during the appropriate business hours, trained personnel in such numbers as are required to meet the minimum standards set forth in this category of service in an efficient manner.
(8) 
The operator shall maintain an accurate record of all deliveries of aviation fuel and oil, and such records shall be subject to examination and audit by the owner or its representatives.
H. 
Radio, instrument or propeller repair station. The following minimum requirements apply to radio, instrument or propeller repair station operators:
(1) 
The operator shall lease from the owner an area of not less than 10,000 square feet of ground space on which shall be erected a building to provide at least 3,000 square feet of floor space for aircraft storage and at least 400 square feet of floor space for office, customer lounge and restroom, which shall be properly heated and lighted, and shall provide telephone facilities for customer use.
(2) 
The following types of insurance are required in the amounts stated in Subsection B(4):
(a) 
Comprehensive public liability and comprehensive property damage, including vehicular.
(b) 
Hangar keepers liability (if nonowned aircraft are left in the operator's care).
(c) 
Product liability.
(3) 
The operator shall have his business open and services available eight hours daily, five days a week.
(4) 
The operator shall have in his employ, and on duty during business hours, trained personnel in such numbers as are required to meet the minimum standards set forth in this category in an efficient manner but never less than one person who is an FAA-rated radio, instrument or propeller repairman.
I. 
Aircraft charter and air taxi. The following minimum requirements apply to aircraft charter and air taxi operators:
(1) 
The operator shall lease from the owner an area of not less than 10,000 square feet of ground space on which shall be erected a building to provide at least 3,000 square feet of floor space for aircraft storage and at least 400 square feet of floor space for office, customer lounge and restroom, which shall be properly heated and lighted, and shall provide telephone facilities for customer use.
(2) 
The operator shall provide, either owned or under written lease to the operator, not less than one single-engine four-place aircraft and one multi-engine aircraft, both of which must meet the requirements of the air taxi commercial operator certificate held by the operator, including instrument operations.
(3) 
The following types of insurance are required in the amounts stated in Subsection B(4):
(a) 
Aircraft liability.
(b) 
Comprehensive public liability and comprehensive property damage, including vehicular.
(4) 
The operator shall have his business open and services available eight hours daily, five days a week. The operator shall make provisions for someone to be in attendance in the office at all times during operating hours.
(5) 
The operator shall have in his employ, and on duty during business hours, trained personnel in such numbers as are required to meet the minimum standards set forth in this category in an efficient manner but never less than one person who is an FAA-certified commercial pilot and otherwise appropriately rated to permit the flight activity offered by the operator.
J. 
Aircraft storage. The following minimum requirements apply to aircraft storage operators:
(1) 
The operator shall lease from the owner an area of not less than 3,000 square feet of ground space on which shall be erected a building to provide at least 1,200 square feet of floor space for aircraft storage.
(2) 
The following types of insurance are required in the amounts stated in Subsection B(4):
(a) 
Comprehensive liability and comprehensive property damage, including vehicular.
(b) 
Hangar keepers liability. [Hangar keepers liability is not necessary if the owner(s) is/are in control of his/their own aircraft.]
(3) 
The conventional hangar operator shall have his facilities available for the tenant's aircraft removal and storage 24 hours per day, seven days a week, 52 weeks per year.
K. 
Specialized commercial flying services. The following minimum requirements apply to specialized commercial flying services operators:
(1) 
The operator shall lease land from the owner, and the lease shall include a building sufficient to accommodate all activities and operations proposed by the operator. In the case of crop-dusting or aerial application, the operator shall make suitable arrangements and have such space available in his leased area for safe loading and unloading and storage and containment of chemical materials. All operators shall demonstrate that they have the availability of aircraft suitably equipped for the particular type of operation they intend to perform.
(2) 
The owner shall set the minimum insurance requirements as they pertain to the particular type of operation to be performed. These minimum requirements shall be applicable to all operations of a similar nature. All operators will, however, be required to maintain the aircraft liability coverage and comprehensive public liability coverage as set forth for all operators.
(3) 
The operator shall have in his employ, and on duty during business hours, trained personnel in such numbers as may be required to meet the minimum standards herein set forth in an efficient manner.
(4) 
The operator must provide, by means of an office or a telephone, a point of contact for the public desiring to utilize the operator's services.
L. 
Multiple services. The following minimum requirements apply to multiple services operators:
(1) 
The operator shall lease from the owner an area of not less than 10,000 square feet of ground space on which shall be erected a building to provide at least 3,000 square feet of floor space for aircraft storage and at least 400 square feet of floor space for office, customer lounge and restroom, which shall be properly heated and lighted, and shall provide telephone facilities for customer use.
(2) 
The operator shall comply with the aircraft requirements, including the equipment thereon, for each aeronautical service to be performed, except that multiple uses can be made of all aircraft except aircraft used for crop-dusting, aerial application, or other commercial use of chemicals.
(3) 
The operator shall provide the facilities, equipment and services required to meet the minimum standards as hereinbefore provided for each aeronautical service the operator is performing.
(4) 
The operator shall obtain, as a minimum, that insurance coverage which is equal to individual insurance requirements of all the aeronautical services being performed by the operator.
(5) 
The operator shall adhere to the hours of operation required for each aeronautical service being performed.
(6) 
The operator shall have in his employ, and on duty during the appropriate business hours, trained personnel in such numbers as are required to meet the minimum standards for each aeronautical service the operator is performing as hereinabove provided. Multiple responsibilities may be assigned to meet the personnel requirements for each aeronautical service being performed by the operator.
M. 
Flying clubs. The following minimum requirements apply to flying clubs:
(1) 
The club may not derive greater revenue from the use of its aircraft than the amount necessary for the actual cost of operation, maintenance and replacement of its aircraft. The club will keep current a complete list of the club's membership and a record of club finances and will make such available to the owner upon request.
(2) 
The club's aircraft will not be used by other than bona fide members and by no one for hire, charter or air taxi. Student instructions may be given in the club aircraft by one club member to another club member, providing no compensation takes place. Otherwise, instructions must be given by an operator with a current agreement with the owner.
(3) 
In the event the club fails to comply with these conditions, the owner will notify the club in writing of any violation. The club shall have 14 days to correct any violations. If the club fails to correct the violations, the owner may demand the club's removal from the airport.
(4) 
The flying club must agree and provide at a minimum insurance in the following categories to the same level as required for all operators:
(a) 
Aircraft liability.
(b) 
Comprehensive public liability and comprehensive property damage, including vehicular.
(5) 
Aircraft maintenance performed by the club shall be limited to only that maintenance that does not require a certified mechanic. All other maintenance must be provided by a lessee based on the airport who provides such service or by a properly certificated mechanic who shall not receive remuneration in any manner for such service.
N. 
Noncommercial aviation fuel usage. The following minimum requirements apply to noncommercial aviation fuel usage:
(1) 
No person shall store, transport or dispense any fuel for use in an aircraft unless the person holds a written agreement with the owner specifically permitting such use.
(2) 
At no time shall a user share, sublease or in any other manner provide fuel or fueling facilities to any other tenant or any other aircraft except those aircraft owned or leased for the exclusive use of the tenant designated in the agreement.
(3) 
The user shall install and maintain all fuel facilities within the fuel farm in accordance with plans and specifications approved in writing by the owner.
(4) 
The user shall comply with all local, state and federal laws and regulations governing the installation, operation and maintenance of all fueling facilities, equipment and dispensing trucks.
(5) 
Dispensing trucks, bulk fuel trucks, emergency vehicles and other vehicles approved by the owner shall be the only vehicles permitted within the fuel farm area.
(6) 
All fuel storage shall be in underground tanks, with only necessary equipment such as valves, meters and vents protruding above ground.
(7) 
Each prospective fuel user shall submit to the owner a written proposal which sets forth the extent of operations, to include fuel grades; estimated annual volume; experience and training of fuel-handling personnel; type, size and condition of all fueling facilities and equipment to be used; assurance provisions for the security and safety of the facility; and any cost that may be expected by the owner.
(8) 
The user shall have comprehensive public liability and comprehensive property damage insurance, including vehicular, in the amounts required for operators.
(9) 
The user shall pay to the owner a fuel flowage fee on the amount of fuel received into storage at a rate to be established. The user shall submit to the owner the amount of gallons received each month on or before the 10th day of the following calendar month. The user shall also maintain copies or original receipts from the wholesale fuel vendor as evidence of amount of gallons dispensed per month.
(10) 
The minimum storage tank allowed shall be of a five-thousand-gallon capacity.
(11) 
Use of any portable containers in fueling any aircraft on the airport is strictly prohibited, except under circumstances constituting an emergency under the Statutes or the Administrative Code of the State of Wisconsin.
(12) 
Specific areas shall be designated to accommodate the users of fuels other than aviation fuels.
O. 
Operators subleasing from another commercial operator on the airport.
(1) 
No operator may sublease any aeronautical service or other business enterprise to another operator without the express written consent of the owner. The sublease shall define the type of business and service to be offered by the sublessee operator.
(2) 
The sublessee operator shall meet all of the minimum standards established by the owner for the categories of services to be furnished by the operator. The minimum standards may be met by the lessee operator and sublessee operator in combination. The sublease agreement shall specifically define standards to be provided by the lessee operator and sublessee operator to meet the standards.
[Amended by Ord. No. 89-8]
[Added by Ord. No. 92-86]
A. 
Rate established. There is hereby established an aviation fuel flowage fee for the use and services of the Municipal Airport of the City of Watertown. The rate for such fee shall be based upon a charge of $0.03 per gallon of aviation gas or fuel dispensed to any person, firm or entity at the Watertown Municipal Airport.
B. 
Levy of fee. The fee shall be levied upon such person, firm or entity who or which uses the facilities of the Watertown Municipal Airport at the time the aviation gas or fuel is dispensed and is to be collected in the manner of payment for such fuel by the fixed-base operator from such person, firm or entity. Only the fixed-base operator is authorized by the City of Watertown to sell, transfer or dispense aviation gas or fuel at the Watertown Municipal Airport. Said fee shall be assessed and collected regardless of whether or not the fixed-base operator collects any sums for the sale, transfer or dispensing of the aviation gas or fuel from such person, firm or entity who or which uses the same.
C. 
Payment of fee. The fixed-base operator shall maintain accurate records of the amount and types of aviation gas or fuel dispensed at the Watertown Municipal Airport, which said records shall be subject to inspection by officials of the City of Watertown. On at least a monthly basis, the fixed-base operator shall pay over such fees collected during the preceding 30 days to the Clerk/Treasurer of the City of Watertown. Such payment shall be accompanied by an itemized statement showing the amount and types of aviation gas or fuel dispensed during the month preceding the date of submission to the Clerk/Treasurer.
D. 
Person responsible for payment. The fee established herein shall be collected from the users of the facilities at the Watertown Municipal Airport.
The following penalties shall apply for violations of this chapter, as specified:
A. 
Any person, party, firm or corporation who or which shall violate any of the provisions of this chapter shall, upon conviction thereof, be punished by a forfeiture of not less than $10 nor more than $500, together with the costs of prosecution.
B. 
Each day's failure to comply with any of the provisions of this chapter shall constitute a separate violation.
C. 
A violation of § 211-10 shall be considered a material breach of the covenants contained in any lease between the City of Watertown and the operator and shall cause the cancellation thereof as provided under the terms of said lease agreement.
[Amended by Ord. No. 89-8]
[Added by Ord. No. 89-39]
A. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
EMERGENCY EQUIPMENT
Crash, fire and rescue or police motor vehicles and such other equipment as the Airport Manager may designate as necessary to safeguard airport runways, taxiways, ramps, buildings and other property.
PEDESTRIAN
Any person afoot.
SERVICE, MAINTENANCE AND CONSTRUCTION EQUIPMENT
Approved equipment normally operated by Air Watertown, Inc., fixed-base operator, and/or the Federal Aviation Administration on landing areas, runways, taxiways and peripheral roads for the servicing, maintenance and construction of airport facilities and services or for the servicing of aircraft. This definition shall include equipment owned and operated by a contractor performing work on the airport under a contractual agreement with the City of Watertown.
VEHICLE
Every device in, upon or by which any person or property is or may be transported or drawn, excepting aircraft.
B. 
Operation of vehicles on runways, taxiways and ramps. No vehicle shall enter, be driven upon, or operate upon any airport runway, taxiway, ramp, tie-down area, or any area posted by signs prohibiting the entrance thereon, except as noted below.
(1) 
The provisions of this section shall not apply to emergency equipment or service, maintenance and construction equipment when engaged in the performance of its normal duties.
(2) 
The provisions of this section shall not apply to aircraft owners, hangar owners, tenants or authorized guests in the operation of their private vehicles upon any airport taxiway, ramp, tie-down area, apron or other paved airport property except runways, with the express purpose of reaching their aircraft or hangar, provided they use one of the two marked entrances to the apron or tie-down area, and further provided that said aircraft owners, hangar owners, tenants or authorized guests in crossing taxiways, aprons or tie-down areas in order to reach their aircraft or hangars shall at all times yield to any and all aircraft proceeding thereon.
(3) 
No person shall be allowed to operate or drive upon any airport runway without the express authorization of the Airport Manager.
C. 
Speed of vehicles.
(1) 
No vehicle shall be driven upon any road within the perimeter of the airport, or upon other airport areas, in excess of the speed limit posted, nor shall the driver of any vehicle fail to adhere to any sign posted to regulate vehicle traffic on or about the Watertown Municipal Airport.
(2) 
Any authorized vehicle operating in or upon any airport runway, taxiway, apron, ramp or tie-down area shall not be operated at a speed in excess of 10 miles per hour.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
D. 
Pedestrian traffic on airport. No pedestrian shall be allowed beyond the administration area or upon the apron or aircraft tie-down area unless for the purpose of embarking in or disembarking from an aircraft, or unless authorized by the Airport Manager. Pedestrian traffic is prohibited on taxiways, runways and outlying areas of the airport except for those employees of the City, county, state, federal government, or contractors engaged in airport construction or maintenance work.
E. 
Vehicle parking.
(1) 
All vehicles parked on airport property shall be parked in designated areas and in accordance with posted signs or other markings. The Airport Manager may move, or order the removal of at the vehicle owner's expense, any vehicle improperly parked.
(2) 
Aircraft owners, hangar owners, tenants or authorized guests may park their vehicles in their hangars or in their tie-down spots when their aircraft is in actual use and not occupying said space. Common hangar tenants may park their vehicles along the side of or between hangars. Parked vehicles shall not hinder the movement of aircraft or interfere with snow removal activities.
F. 
Aero Park Airplane Viewing Area. The Aero Park Airplane Viewing Area has been designated as open to the general public and has been developed by the generous efforts of the Bartelme-Schwefel Detachment of the United States Marine Corps League for the purpose of allowing the public a viewing area for airport operations and other recreational uses. Upon the findings of the City of Watertown Airport Commission, it is deemed necessary to develop and promulgate regulations for the orderly uses of the Aero Park Airplane Viewing Area.
[Added by Ord. No. 99-40]
(1) 
The Aero Park Airplane Viewing Area is not part of the park system of the City of Watertown, nor is it regulated pursuant to Chapter 398, Article I, of the Watertown Code.
(2) 
Rules of conduct. It shall be unlawful for any person in the Aero Park Airplane Viewing Area to:
(a) 
Fail to cooperate in maintaining restrooms and washrooms in a neat and sanitary condition. No person over the age of six years shall use the restrooms and washrooms designated for the opposite sex.
(b) 
Dig or remove any soil, rock, sand, stones, trees, shrubs or plants or other wood or materials, or make any excavation by tool, equipment, blasting or other means, unless specifically authorized by the Watertown Airport Commission or the United States Marine Corps League.
(c) 
Construct or erect any building or structure of whatever kind, whether permanent or temporary, or run or string any public service utility into, upon or across such property, unless specifically authorized by the Watertown Airport Commission or the United States Marine Corps League.
(d) 
Damage, cut, carve, mark, transplant or remove any plant, or injure the bark, or pick flowers or seed of any tree or plant, dig in or otherwise disturb grass areas, or in any other manner injure the natural beauty or usefulness of the property.
(e) 
Climb any tree or walk, climb, stand or sit upon monuments, vases, planters, fountains, railings, fences or upon any other property not designated or customarily used for such purpose.
(f) 
Attach any rope or cable or other contrivance to any tree, fence, railing, bench or other structure unless specifically authorized by the Watertown Airport Commission or United States Marine Corps League.
(g) 
Bring any glass beverage container onto the property.
(h) 
Allow any domestic animal under that person's control to be present on or within the property unless specifically authorized by the Watertown Airport Commission. Any such animals shall be required to be on a leash and may not run at large.
(i) 
Tie or hitch an animal to any tree or plant.
(j) 
Hunt, molest, harm, frighten, kill, trap, pursue, chase, tease, shoot or throw missiles at any animal, wildlife, reptile or bird, nor shall a person remove or have in one's possession the young of any wild animal or the eggs or nest or young of any reptile or bird.
(k) 
Drive or operate any motor vehicle on any area except those areas designated as parking areas.
(l) 
Perform any type of vehicle maintenance activity which would involve intentionally discarding or discharging motor oil or any other vehicle fluid, opening an engine access panel, removing or elevating one or more tires or a portion of the vehicle, or crawling beneath a vehicle, except in an emergency situation.
(m) 
Wash the exterior of a vehicle or any holding tanks for sanitary waste, or empty sanitary waste from a vehicle, motor home or camper.
(n) 
Post, paint, affix, place, cast or leave about any bill, billboard, placard, ticket, handbill, circular or advertisement.
(o) 
Kindle, build, maintain or use a fire except in places provided for such purposes. Any fire shall be continuously under the care and direction of a competent person from the time it is kindled until it is extinguished.
(p) 
Camp or stay overnight anywhere on the property without prior permission of the Watertown Airport Commission or United States Marine Corps League.
(q) 
Use roller skates, in-line skates, skateboards or bicycles on any structures, picnic tables, playground equipment, or retaining walls.
(r) 
Fly or launch any model airplanes, radio-controlled airplanes or model rockets.
(s) 
Be in or occupy the property between the hours of 9:00 p.m. and 5:00 a.m. without prior permission of the Watertown Airport Commission or United States Marine Corps League; with prior permission, authorized groups may occupy the property until 11:00 p.m.
G. 
Enforcement.
(1) 
It shall be the duty of the Police Department of the City of Watertown to enforce the provisions of this section.
(2) 
The provisions of this section shall not conflict with the provisions of Title 14, Part 139 of the Code of Federal Regulations, as promulgated and amended from time to time by the Federal Aviation Administration. Any such provisions of this section in conflict with Part 139, as amended, shall not take precedence over the provisions of said regulations.
[Added by Ord. No. 89-39[2]]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).