[HISTORY: Adopted by the Town Board of the Town of Manitowish Waters
as Ch. 21 of the 2001 Code. Amendments noted where applicable.]
The following definitions shall apply in the interpretation and enforcement
of this chapter unless the context otherwise requires:
The Manitowish Waters Municipal Airport.
Any structure, 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 which is otherwise hazardous to such landing or taking off.
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.
Approved equipment normally operated by the Town, fixed base operators
and/or the Federal Aviation Administration on landing areas, runways, taxiways
and peripheral roads for the servicing, maintenance and construction of airport
facilities and equipment owned and operated by a contractor performing work
on the airport under a contractual agreement with the Town.
Any structure, tree or use of land which does not conform to a regulation
prescribed in this chapter or an amendment thereto on the effective date of
such regulation.
Any person afoot.
A level portion of an airport having a surface specially developed
and maintained for the landing and taking off of aircraft.
Any object constructed or installed by man.
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 five feet.
Every device in, upon or by which any person or property is or may
be transported or drawn, excepting aircraft.
The Town Board shall administer this chapter and enforce the regulations
prescribed herein.
A.
Permit required.
(1)
Structures. No structure shall hereafter be constructed, erected or installed, or be permitted to remain in any zone created by § 135-6, without a permit therefor from the Town Board, provided that no permit shall be required hereunder for structures more than 1/2 mile from the nearest airport boundary and less than 50 feet in maximum height above ground level at the building site.
(2)
Trees. No tree shall be planted without a permit therefor,
and any tree planted without a permit or permitted to grow in violation of
this chapter may be ordered removed by the Town Board upon its finding that
such tree violates or shall violate the height restrictions for the zone in
which located.
(3)
Nonconforming structures and trees. No nonconforming
structures or trees shall be replaced, altered, repaired, rebuilt or replanted
without a permit therefor.
B.
Application and issuance. Application for such permit
shall be made to the Town Board, shall indicate the use for which the permit
is desired and describe and locate the use with sufficient particularity to
permit the Town Board to determine whether such use shall conform to the regulations
herein prescribed. If such determination is in the affirmative, the Town Board
shall issue the permit applied for, but no permit shall be granted that will
allow a nonconforming structure or tree to become a greater hazard to air
navigation than it was when the permit was applied for.
C.
Posting. Any permit issued hereunder shall be posted
in a prominent place on the premises prior to and during the period of construction,
erection, installation or establishment authorized thereby.
A.
Variances.
(1)
Board may grant variances. Upon appeal in special cases,
the Board of Adjustment, after investigation and public hearing, may authorize
a variance from the terms of this chapter as shall not be contrary to the
public interest where, owing to special conditions, a literal enforcement
of this chapter would result in unnecessary hardship, provided that such relief
shall do substantial justice and be in accord with the spirit of this chapter
and shall not create a hazard to the safe, normal operation of aircraft.
(2)
Procedure. Any appeal taken pursuant to this section
shall be in conformity with the procedure established by § 62.23(7)(e),
Wis. Stats.
B.
Decisions of Town Board. Any person aggrieved or affected
by any decision or action of the Town Board made in the administration of
this chapter may appeal such decision or action to the Board of Adjustment.
All zones established by this chapter are as shown on a map titled "Zoning
Map for the Manitowish Waters Municipal Airport, Vilas County, Wisconsin,"
which is adopted by reference and incorporated herein as though set forth
in full. Such map is on file and available for public inspection in the Town
offices.
A.
Height limited. 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 tree shall be allowed to grow to a height in excess of the height limit indicated on the map referred to in § 135-6.
Notwithstanding the provisions of § 135-7, no use may be made of land in any zone so as to create electrical interference with radio communication between the airport and aircraft, make it difficult for pilots to distinguish between airport lights and others, result in glare in the eyes of pilots using the airport, impair visibility in the vicinity of the airport or otherwise endanger the landing, taking off or maneuvering of aircraft.
Any permit or variance granted under this chapter may, if such action
is deemed advisable by the Town Board to effectuate the purposes of this chapter
and is reasonable in the circumstances, be so conditioned as to require the
owner of the structure or tree in question to permit the airport, at its own
expense, to install, operate and maintain thereon such markers and lights
as may be necessary to indicate to pilots the presence of an airport hazard.
A.
No vehicle shall enter or be driven upon or operated
upon any airport runway, taxiway, ramp, tie-down area or any area posted by
signs prohibiting the entrance thereon.
B.
The provisions of this section shall not apply to emergency
equipment or service, maintenance and construction equipment when engaged
in performing normal duties.
C.
Aircraft owners may be granted authorization by the Airport
Manager or his designated representative to operate a vehicle to reach their
own aircraft in a tie-down area. Aircraft owners desiring to operate a vehicle
for this purpose shall request such authorization in advance. Any authorization
granted shall apply only to a specific need request. Blanket-type authorizations
shall not be granted. Unless specifically authorized, aircraft owners shall
not pass over any runway, taxiway or ramp and shall proceed through such tie-down
area at a speed not to exceed 10 miles per hour. They shall not at any time
park a vehicle on any area used for the movement of aircraft. Such authorization
shall not be granted contrary to the provisions of Part 139 or Part 107, Federal
Aviation Regulations (applicable only to airline airports).
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 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 Town, county, state, federal
government or contractors engaged in airport construction or maintenance work.
Vehicles parked at the airport 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. Forfeitures may be levied in accordance with § 135-15.
