All zones established by this chapter are as depicted on the
map entitled "Airport Overlay Zoning and Height Limitation Map, L.O.
Simenstad Municipal Airport, 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.
[1]
Editor's Note: Said map is on file in the Village offices.
A.
Intent. The intent of the airport overlay zoning districts is to
protect the aerial approaches to the airport by regulating, restricting
and determining the use, location, height, number of stories and size
of structures and objects of natural growth near the airport. As the
name implies, these districts are laid over the underlying, or base,
zoning districts in the airport-affected area to tackle specific issues
that are not addressed in the underlying zoning districts. Such regulations,
restrictions and determinations are intended to accomplish the stated
purpose of this chapter.
B.
Use restrictions. Notwithstanding any other provisions of this chapter,
the following standards shall be in full force and effect within the
Airport Zoning Map:
(1)
Glare.
(a)
No glare-producing materials shall be used on the exterior of
any structure, including any metal building, which are hazardous to
aviation or result in glare in the eyes of pilots using the airport.
(Zones 1, 2, 3, and 4).
(b)
Intent. An example of a development that has the potential to
cause hazardous glare is a multistory office complex encased in reflective
(mirrored) glass. An example of a development that would not likely
have the same potential is the addition of a sunroom on the side of
a house.
(2)
Lighting.
(a)
There shall be neither display of signs which produce a flashing
or blinking effect that would interfere with aircraft or a pilot's
ability to identify airport lights, nor any lighting projecting upward
that would interfere with aircraft or a pilot's ability to identify
airport lights. (Zones 1, 2, 3, and 4)
(b)
Intent. An example of lighting which would be of concern are
lighting patterns that could simulate runway edge lighting, end or
taxiway lighting, guidance lights, or upward-shining searchlights
used for commercial advertising.
(3)
Electrical interference. No structure or use on land or water shall
create electrical or electronic interference with navigational signals
or radio or radar communications between the aircraft and a ground
station. (All zones)
(4)
Visibility.
(a)
No structure or use shall impair the visibility in the vicinity
of the airport, or otherwise endanger or interfere with the landing,
taking off, or maneuvering of aircraft intending to use the airport,
including the emission or discharge of smoke, steam or other obscuring
phenomena which would interfere with the health and safety of pilots
and the public in the use of the airport, or which would otherwise
be detrimental or injurious to the health, safety, and general welfare
of the public in the use of the airport. (Zones 1, 2, 3, and 4)
(b)
Intent. An example of a development that would likely not have
the potential to cause visibility conflicts is the smoke produced
by a wood furnace for a single-family residence. An example of development
that has the potential to cause visibility conflicts is an industrial
complex with cooling towers, evaporation ponds, and smoke stacks.
(5)
Any use of property that is not permitted by the underlying zoning
ordinance, this chapter, and any federal or state aviation regulations
is deemed to be prohibited. Where there is question regarding whether
a particular use is permitted or prohibited, the Commission, on its
own initiative or at the request of a property owner, may conduct
a study to determine what zone, if any, is appropriate for the proposed
use and which conditions, if any, shall apply.
C.
Hazard marking and lighting. Any permit or variance granted under
this chapter may, if such action is deemed advisable by the 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 airport,
at its own expense, to install, operate, and maintain thereon such
markers and lights as may be necessary to indicate to the flyers the
presence of an airport hazard.
D.
Construction requirements. Persons building new structures within
Zones 1, 2, 3, 4, and 5 are advised to use construction techniques
that make common sense in an airport environment.
E.
Notice/hold harmless. Persons purchasing land or buildings or constructing
a structure or structural alteration within Zones 1, 2, 3, 4, and
5 are advised that such structure or structural alteration is situated
in the area of an airport and may be subject to noise, dust, lights,
and the arrival and departure of aircraft, which may cause damage
to dwellings or other structures, or may adversely impact the health
of animals. The Commission, its officers, agents, or employees will
not be responsible for any adverse impacts as a result of aircraft
or airport operations.
F.
Nonsuit covenant. Persons constructing any residence within Zone
2 shall provide a nonsuit covenant as a condition of approval of a
zoning or building permit to ensure compliance with the intent and
purpose of this article. Such covenant shall be placed on the deed
of the property and recorded with the Register of Deeds for Polk County.
Persons constructing such residences waive as to the Village of Osceola
any claim for damages incurred as a result of aircraft using the public
airspace regardless of any future changes in volume or character of
aircraft overflights. Persons constructing such residences further
agree with the Village of Osceola that they will not sue the Village
on account of the flight of aircraft over or near their parcels of
land. The covenant shall run with the property in perpetuity, transferable
to all subsequent owners of the property. The covenant may only be
amended, modified, or repealed upon approval of the Airport Commission
and the Osceola Village Board after a public hearing is held. All
covenants required by this article shall be completed on forms provided
by the Village.
G.
Airport zones. All airport zones established by this chapter are
shown on the Airport Zoning Map on file with the Department and adopted
as part of this chapter.
H.
Height zones. All height zones previously established by Ord. No.
03-02 and shown on a map dated April 15, 2002 ("Height Limitation
Zoning Map, L.O. Simenstad Municipal Airport, Village of Osceola,
Polk County, Wisconsin"), are now included in this chapter and shown
on the Airport Zoning Map.
I.
Height limitations.
(1)
Except as otherwise provided in this chapter, no structure, tree
or growth shall be erected, altered, allowed to grow, or be maintained
within any of the five airport zones established by this chapter to
an elevation in excess of the applicable elevation limitations as
shown on the Airport Zoning Map. The permitted elevation shall not
exceed the elevation limitation numbers shown within the various zones
encompassed by this chapter. Any structure constructed, altered or
located in violation of this chapter shall be removed at the owner's
expense. The Commission shall have the right to trim, prune, or remove,
at the Commission's expense, any tree allowed to grow to a height
in excess of the height limitation set forth herein.
(2)
Exceptions. The restrictions contained in this chapter shall not
apply to legal fences or to farm crops that are cut at least once
each year.
J.
District boundaries. District boundary lines are center lines of
highways, roads or pavements, section, division of section, tract,
or lot lines, or extensions of such lines, as applicable, or as otherwise
indicated.
(1)
When a district line divides a lot/parcel of record existing prior
to the effective date of this chapter in such a manner that a use
is not permitted in the most restrictive district of such lot but
is permitted on that portion of such lot in the lesser restrictive
district, then a permitted use may be developed only on that portion
of the lot/parcel where it is permitted, provided that:
(a)
The proposed use meets the underlying municipal zoning requirements;
(b)
The use complies with all applicable setback requirements;
(c)
A site plan, drawn to scale showing the location of the use
and the district line on that lot/parcel, is submitted to the Commission
and is reviewed and approved pursuant to the procedure contained herein.
(2)
Zone 1 shall be considered the most restrictive, and Zone 5 shall
be considered the least restrictive.
In order to carry out the provisions of this chapter, there
are hereby created and established five zones as shown on the Airport
Zoning Map, consisting of one sheet, and attached to and made a part
of this chapter. For the purpose of this section, the lands and waters
within three statute miles from the boundaries of the airport are
divided into five districts defined as follows:
A.
Zone
1, Airport District. The Airport District is defined as all those
lands owned by the airport and intended to be used for airport purposes.
The Airport District is created to encompass areas that, due to the
operation of aircraft, could be exposed to excessive noise, are within
the aircraft approach and departure areas, or are in areas which are
exposed to a greater risk of aircraft crashes (crash hazard area).
The Airport District is established to protect the approaches to the
airport from incompatible land uses and to preserve the airport's
ability to serve its present and future air transportation needs.
Any new building, or expansion, alteration, or enlargement of any
existing building, structure, or property within this zone must be
approved by the Airport Commission. The boundaries of Zone 1 are shown
on the Airport Zoning Map.
(1)
Permitted uses and structures: only uses and structures that are directly related to and necessary for the function, enhancement, or operation of the airport. (See also Articles I and IV of this chapter.)
(a)
Air terminals.
(b)
Aircraft hangers.
(c)
Runways, taxiways, aprons, and related lighting and air support
apparatus.
(d)
Airport administration and maintenance buildings and facilities.
(e)
Airport security, rescue, and firefighting buildings and facilities.
(f)
Aircraft repair and maintenance buildings and facilities.
(g)
Fuel storage facilities and pumps.
(h)
Commercial uses directly related to airport operations.
(i)
Public gatherings in conjunction with an airport-related activity
sponsored or approved by the airport.
(j)
Air cargo facilities.
(k)
Other related airport and municipal uses and structures.
(l)
Municipal emergency response facilities.
(m)
Agricultural uses, provided that they do not inadvertently result
in a concentration of birds or other wildlife, which poses a threat
to aviation operations.
(2)
Prohibited uses: any construction not approved by the Airport Commission.
Wildlife sanctuaries, hunting preserves, or game preserves (including
aviaries).
(3)
Dimensional requirements. The size, height, location, and placement
of structures or objects shall comply with the Osceola Municipal Airport
Layout Plan.
B.
Zone
2, High Impact Runway Approach and Departure District. The purpose
of this district is to establish land use requirements in areas that
are typically overflown by aircraft during initial takeoff and final
landing maneuvers and hence could be subjected to excessive noise
and greater risk of aircraft crashes. The boundaries of Zone 2 are
shown on the Airport Zoning Map.
(1)
Permitted uses and structures: those uses permitted by the underlying
zoning ordinance, except for those uses specifically prohibited, or
listed as a conditional use, by this chapter.
(2)
Prohibited uses.
(a)
Residential uses with a gross density greater than one unit
per 10 acres.
(b)
Assisted living and nursing homes.
(c)
Licensed group day-care facilities.
(d)
Hotels, motels, banquet facilities, and conference centers.
(e)
Hospitals, except for clinics or medical offices, provided that
the use does not include overnight sleeping quarters for patients.
(f)
Churches, schools, libraries, museums, and community centers.
(g)
Theaters, amphitheaters, and amusement parks.
(h)
Commercial or fraternal outdoor shooting ranges.
(i)
Campgrounds.
(j)
Wildlife sanctuaries, hunting preserves, or game preserves (including
aviaries).
(k)
Landfills, garbage dumps, offal dump sites, and other similarly
licensed or titled facilities used to process, bury, store, or otherwise
dispose of waste, trash, refuse, or dredge material that would attract
birds.
(3)
Conditional uses.
(a)
Residential uses with a gross density less than or equal to
one unit per 10 acres, provided that new residential buildings are
not directly located beneath the approach and departure flight paths
of each runway, and the approval of a nonsuit covenant.
(b)
Sports stadiums and spectator athletic fields, except those
designed with lighting for nighttime play.
(c)
The creation, expansion, or restoration of retention or detention
ponds, wetlands, or any other body of water, either natural or artificial
(excluding residential swimming pools), provided that mitigation measures
are taken to lessen the concern for wildlife hazards. (Refer to FAA
Advisory Circular 150/5200-33B, Hazardous Wildlife Attractants on
or Near Airports.)
(d)
Mineral extraction operations, provided that the owner/operator
of the mineral extraction operation sign an operational agreement
with the Commission, agreeing to provide written notice to the Airport
Manager one-day prior to the start of any blasting activities, as
resulting dust and debris may pose a threat to aviation operators.
Any site reclamation that includes the creation of water bodies shall
provide mitigation measures to lessen the concern for wildlife hazards.
(Refer to FAA Advisory Circular 150/5200-33B, Hazardous Wildlife Attractants
on or Near Airports.)
(e)
Enclosed trash transfer stations, provided that the facility
meets the FAA's definition of a fully enclosed trash transfer
station. (Refer to FAA Advisory Circular 150/5200-33B, Hazardous Wildlife
Attractants on or Near Airports.)
(f)
Commercial or public composting operations that accept only
yard waste (e.g., leaves, lawn clippings, or branches), provided that
the compost never includes food or other municipal solid waste.
(g)
Golf courses, except those designed with lighting for nighttime
play, provided that mitigation measures are taken to lessen the concern
for wildlife hazards. (Refer to FAA Advisory Circular 150/5200-33B,
Hazardous Wildlife Attractants on or Near Airports.)
(4)
Dimensional requirements.
(a)
Height. No structure or growth shall exceed the height permitted
by the Airport Zoning Map.
(b)
Setbacks. Setbacks shall comply with the requirements of the
underlying zoning ordinance.
(c)
Lot area. The minimum lot area provisions of the underlying
zoning ordinance shall apply to all areas within Zone 2.
C.
Zone
3, Moderate Impact Runway Approach and Departure District. The purpose
of this District is to establish land use requirements in areas that
may be overflown by aircraft entering, operating within, and departing
from a typical airport flight pattern and hence could be subject to
occasional excessive noise and risk of aircraft crashes. The boundaries
of Zone 3 are shown on the Airport Zoning Map.
(1)
Permitted uses and structures: those uses permitted by the underlying
zoning ordinance except for those uses specifically prohibited, or
listed as a conditional use, by this chapter.
(2)
Prohibited uses.
(a)
Assisted living and nursing homes.
(b)
Hospitals, except for clinics or medical offices, provided that
the use does not include overnight sleeping quarters for patients.
(c)
Churches, schools, libraries, museums, and community centers.
(d)
Theaters, amphitheaters, and amusement parks.
(e)
Commercial or fraternal outdoor shooting ranges.
(f)
Wildlife sanctuaries, hunting preserves, or game preserves (including
aviaries).
(g)
Landfills, garbage dumps, offal dump sites, and other similarly
licensed or titled facilities used to process, bury, store, or otherwise
dispose of waste, trash, refuse, or dredge material that would attract
birds.
(3)
Conditional uses.
(a)
Campgrounds, provided that they are not directly located beneath
the approach and departure flight paths of each runway, and the approval
of a nonsuit covenant.
(b)
Licensed group day-care facilities, provided that they are not
directly located beneath the approach and departure flight paths of
each runway, and the approval of a nonsuit covenant.
(c)
Sports stadiums and spectator athletic fields, except those
designed with lighting for nighttime play.
(d)
The creation, expansion, or restoration of retention or detention
ponds, wetlands, or any other body of water, either natural or artificial
(excluding residential swimming pools), provided that mitigation measures
are taken to lessen the concern for wildlife hazards. (Refer to FAA
Advisory Circular 150/5200-33B, Hazardous Wildlife Attractants on
or Near Airports.)
(e)
Mineral extraction operations, provided that the owner/operator
of the mineral extraction operation sign an operational agreement
with the Commission, agreeing to provide written notice to the Airport
Manager one-day prior to the start of any blasting activities, as
resulting dust and debris may pose a threat to aviation operators.
Any site reclamation that includes the creation of water bodies shall
provide mitigation measures to lessen the concern for wildlife hazards.
(Refer to FAA Advisory Circular 150/5200-33B, Hazardous Wildlife Attractants
on or Near Airports.)
(f)
Enclosed trash transfer stations, provided that the facility
meets the FAA's definition of a fully enclosed trash transfer
station. (Refer to FAA Advisory Circular 150/5200-33B, Hazardous Wildlife
Attractants on or Near Airports.)
(g)
Commercial or public composting operations that accept only
yard waste (e.g. leaves, lawn clippings, or branches), provided the
compost never includes food or other municipal solid waste.
(h)
Golf Courses, except those designed with lighting for nighttime
play, provided mitigations measures are taken to lessen the concern
for wildlife hazards. (Refer to FAA Advisory Circular 150/5200-33B,
Hazardous Wildlife Attractants on or Near Airports.)
(4)
Dimensional requirements.
(a)
Height. No structure or growth shall exceed the height permitted
by the Airport Zoning Map.
(b)
Setbacks. Setbacks shall comply with the requirements of the
underlying zoning ordinance.
(c)
Lot area. The minimum lot area provisions of the underlying
zoning ordinance shall apply to all areas within Zone 3.
D.
Zone 4, Noise Control/Overflight District. The purpose of this district
is to establish land use requirements in areas that are typically
within the flight pattern of aircraft approaching and departing the
airport's runways and hence could be subject to occasional excessive
noise and risk of aircraft crashes. The boundaries of the Zone 4 are
shown on the Airport Zoning Map and include all property within one
mile of the ultimate runway (per the approved Airport Layout Plan),
not already within Zone 1, 2, or 3 of this chapter.
(1)
Permitted uses and structures: those uses permitted by the underlying
zoning ordinance, except for those uses specifically prohibited, or
listed as a conditional use, by this chapter.
(2)
Prohibited uses.
(a)
Commercial or fraternal outdoor shooting ranges.
(b)
Wildlife sanctuaries, hunting preserves, or game preserves (including
aviaries).
(c)
Landfills, garbage dumps, offal dump sites, and other similarly
licensed or titled facilities used to process, bury, store, or otherwise
dispose of waste, trash, refuse, or dredge material that would attract
birds.
(3)
Conditional uses.
(a)
The creation, expansion, or restoration of retention or detention
ponds, wetlands, or any other body of water, either natural or artificial
(excluding residential swimming pools), provided that mitigation measures
are taken to lessen the concern for wildlife hazards. (Refer to FAA
Advisory Circular 150/5200-33B, Hazardous Wildlife Attractants on
or Near Airports.)
(b)
Mineral extraction operations, provided that the owner/operator
of the mineral extraction operation sign an operational agreement
with the Commission, agreeing to provide written notice to the Airport
Manager one day prior to the start of any blasting activities, as
resulting dust and debris may pose a threat to aviation operators.
Any site reclamation that includes the creation of water bodies shall
provide mitigation measures to lessen the concern for wildlife hazards.
(Refer to FAA Advisory Circular 150/5200-33B, Hazardous Wildlife Attractants
on or Near Airports.)
(c)
Enclosed trash transfer stations, provided that the facility
meets the FAA's definition of a fully enclosed trash transfer
station. (Refer to FAA Advisory Circular 150/5200-33B, Hazardous Wildlife
Attractants on or Near Airports.)
(d)
Commercial or public composting operations that accept only
yard waste (e.g., leaves, lawn clippings, or branches), provided that
the compost never includes food or other municipal solid waste.
(4)
Dimensional requirements.
(a)
Height. No structure or growth shall exceed the height permitted
by the Airport Zoning Map.
(b)
Setbacks. Setbacks shall comply with the requirements of the
underlying zoning ordinance.
(c)
Lot area. The minimum lot area provisions of the underlying
zoning ordinance shall apply to all areas within Zone 4.
E.
Zone 5, Height Limitations Overlay District. The purpose of this
district is to protect the approaches to the airport from the construction
or erection of structures that would constitute a hazard to air navigation
and from incompatible land uses. The boundaries of Zone 5 include
all parcels falling within three statute miles, as shown on the Airport
Zoning Map.
(1)
Permitted uses and structures: those uses permitted by the underlying
zoning ordinance, except for those uses specifically prohibited by
this chapter.
(2)
Prohibited uses.
(a)
Landfills, garbage dumps, offal dump sites, and other similarly
licensed or titled facilities used to process, bury, store, or otherwise
dispose of waste, trash, refuse, or dredge material that would attract
birds.
(3)
Conditional uses.
(a)
The creation, expansion, or restoration of retention or detention
ponds, wetlands, or any other body of water, either natural or artificial
(excluding residential swimming pools), provided that mitigation measures
are taken to lessen the concern for wildlife hazards. (Refer to FAA
Advisory Circular 150/5200-33B, Hazardous Wildlife Attractants on
or Near Airports.)
(4)
Dimensional requirements.
(a)
Height. No structure or growth shall exceed the height permitted
by the Airport Zoning Map.
(b)
Setbacks. Setbacks shall comply with the requirements of the
underlying zoning ordinance.
(c)
Lot area. The minimum lot area provisions of the underlying
zoning ordinance shall apply to all areas within Zone 5.
A.
Nonretroactive. The regulations prescribed by this chapter shall not be construed to require the removal, lowering, or other change or alteration of any structure or use not conforming to the regulations herein at the date of adoption or amendment of this chapter, or otherwise interfere with the continuance of any structure or use of land not conforming to the regulations herein at the date of adoption or amendment of this chapter, except as otherwise provided in § 69-6B and C.
B.
Reconstruction.
When a nonconforming use, building, structure or tree is destroyed
by fire, explosion, act of God, or the public enemy, it may be restored
so long as it complies with the underlying zoning ordinance requirements
and the height limitations imposed by this chapter as verified by
a signed statement from the Zoning Administrator prior to any such
rebuilding, reconstructing or rehabilitation.
C.
Expansion.
Nonconforming uses described in this chapter, except for uses located
in Zone 1, may be expanded, altered or otherwise enlarged, provided
that the following conditions are met:
(1)
The expansion, alteration or enlargement meets the requirements of the height limitations under this chapter and the Zoning Administrator signs a statement showing such compliance prior to the expansion, alteration or enlargement. Refer to § 69-7C(1).
(2)
The expansion, alteration or enlargement in no way increases or creates
any hazard within the airspace required for the flight of aircraft
in landing or taking off, or creates or increases any potential hazard
to any persons on the ground.
(3)
The expansion, alteration or enlargement complies with any more restrictive
underlying zoning ordinance requirements or state and federal laws
or regulations.
D.
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 date of adoption or amendment
of this chapter, and if such is diligently prosecuted.
E.
Removal. This section shall not interfere with, or prevent the removal
of, nonconforming structures or uses by purchase or by the exercise
of the right of eminent domain in the manner provided by the Wisconsin
Statutes.
A.
Administration.
Administration of this chapter shall be the responsibility of the
Village of Osceola, except for those lands and waters within Chisago
County, Minnesota, which are under the jurisdiction and administration
of Chisago County.
B.
Conflicting
regulations. 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 be with respect
to the height of the structure or any other matter, the more stringent
limitations or requirements shall govern and prevail.
(1)
Whenever a use is neither specifically permitted nor denied, the
use shall be considered prohibited. In such a case, the Commission,
on its own initiative or upon the request of a specific property owner,
may conduct a study to determine if the use is appropriate and which,
if any, performance standards are appropriate to govern said use.
(2)
The Commission shall have the right to remove, at the owner's
expense, any use or structure which was developed, constructed, or
placed after the adoption of this chapter and found to be in violation
of this chapter.
C.
Permits.
(1)
Future uses. No structure shall hereafter be constructed, erected or installed in any zone created by § 69-5 of this chapter until the owner or his or her agent shall have applied, in writing, for a permit therefor and obtained such permit from the Commission, except structures less than 35 feet in height above the ground and within 1/2 mile of the airport boundary and structures less than 50 feet in height above the ground within the area beginning 1/2 mile from the airport boundary and extending to three miles from the airport boundary, provided that the development activity is not a prohibited or conditional use.
(a)
Said permit shall be posted in a prominent place on the premises
prior to and during the period of construction, erection, installation
or establishment.
(b)
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 Commission to determine whether such use
would conform to the regulations herein prescribed. If such determination
is in the affirmative, the Commission shall issue the permit applied
for.
(2)
Nonconforming uses. Before any nonconforming structure may be replaced, altered or rebuilt, a permit shall be applied for and secured in the manner prescribed by § 69-7C(1) authorizing such change, replacement or repair. No such permit shall be denied 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 a permit was made.
D.
Conditional
uses. Conditional uses shall be reviewed by the Airport Commission,
and Plan Commission, pursuant to the regulations of the Village's
Zoning Code.
E.
Expiration.
Any permit issued under this chapter shall expire within six months,
unless substantial work has commenced, or within 18 months after the
issuance of the permit if the structure for which a permit is issued
is not substantially completed, in which case of expiration the applicant
shall reapply for a permit before commencing work on the structure.
F.
Fees.
Fees for the administration of this chapter and zoning permits shall
be established by the Village. It is intended that the fees should
cover the reasonable costs of administering this ordinance.
A.
Optional
preapplication meeting. The property owner (or owner's agent)
of a proposed development within the jurisdiction of this ordinance
is encouraged to submit preliminary information regarding the proposed
project to the Village's Zoning Administrator (or other authorized
agent) prior to submitting a formal application.
B.
Application
submittal. A complete application shall be submitted to the Village's
Zoning Administrator (or other authorized agent). The application
shall indicate the use for which the permit is desired and shall describe
and locate the use with sufficient detail to permit the Zoning Administrator
(or other authorized agent) to determine whether such use would conform
to the applicable provisions of this ordinance.
C.
Staff
review. Upon receipt by the Zoning Administrator (or other authorized
agent), a copy of the application shall be transmitted to the Chairperson
of the Airport Commission, Plan Commission, and the Airport Manager
for comment. The Zoning Administrator (or other authorized agent)
may submit copies of the application to other departments or government
agencies, as deemed necessary, to provide adequate review of the application.
Applications shall be granted or denied within 30 days of the date
of filing of the applications, unless Federal Aviation Administration
(FAA) approval is requested by the applicant or the Airport Commission,
in which case the Zoning Administrator's (or other authorized
agent's) action may await determination by the FAA.
D.
Approval.
Prior to making a final decision, the Zoning Administrator (or other
authorized agent) may hold a meeting with the applicant to discuss
and attempt to resolve any issues that become evident during the review
of the application. Upon completion of the review of the application,
the Zoning Administrator (or other authorized agent) shall make a
determination and notify the applicant of one of the following final
actions:
(1)
Approved application.
(2)
Approved application, with modifications that the Zoning Administrator
(or other authorized agent) deems necessary to meet any criteria for
approval. An approval with modifications or conditions shall be agreed
upon by the property owner, unless the applicant appeals the final
action.
(3)
Denied application. Such denial must include specific reasons for
denial.
E.
Issuance
of a building permit. If the Zoning Administrator (or other authorized
agent) approves the proposed development, the municipality within
which the development is located may issue a building permit. If the
proposed development is not approved, no building permit shall be
issued.
F.
Appeals.
Applications for action by the Board of Appeals shall be forthwith
transmitted by the Zoning Administrator (or other authorized agent)
to the Board for hearing and decision.
All references to the Board of Appeals in this chapter shall
be deemed to mean the Village of Osceola Board of Appeals.
A.
Variances. Upon appeal in special cases the 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.
B.
Aggrieved person. Any person aggrieved or affected by any decision
or action of the Commission made in its administration of this chapter
may appeal such decision or action to the Board of Appeals.
