15.470 Airport Height and Use Limitation Zoning Ordinance.

(1) Title. This section shall be known as, referred to or cited as “The Airport Height and Use Limitation Zoning Ordinance of Manitowoc, Wisconsin.”

(2) General Provisions.

(a) Authority. These regulations are adopted under the authority of Wis. Stat. § 114.136, as amended.

(b) Purpose. It is the purpose of this section to protect the aerial approaches to the airport site by regulating and restricting the use, location, height, number of stories and size of buildings and structures and objects of natural growth in the vicinity of the airport in order to promote the public safety, welfare and convenience.

(c) Jurisdiction. The regulations of this section shall apply to buildings, structures, objects of natural growth and for uses that are located not more than three miles from the boundaries of the airport site, and which are in areas included within zones shown on the “Height Limitation Zoning Map, Manitowoc County Airport, Manitowoc, Wisconsin,” dated September 9, 2008.

(d) Severability. If any of the provisions of this section or the application thereof to any persons or circumstances is held invalid, such invalidity shall not affect other provisions or applications of this section which can be given effect without the invalid provision or application, and to this end the provisions of this section are declared to be severable.

(e) Warning and Disclaimer of Liability. The degree of aerial approach protection provided by this section is considered reasonable for regulatory purposes only and is based on engineering experience and scientific method of study. This section, however, does not imply that buildings, structures, uses or objects of natural growth permitted will be totally free from the hazards of aircraft, nor shall this section create a liability on the part of or be a cause of action against the City of Manitowoc, or any officer or employee thereof, for any damages that may result from reliance on this section.

(f) Other Ordinances. This section supersedes all provisions of any City of Manitowoc zoning ordinances which relate exclusively to height limitations adjacent to the airport.

(3) Definitions. For the purpose of this section, certain words and terms are defined as follows:

Airport means the Manitowoc County Airport formerly known as the Manitowoc Municipal Airport located in Sections 12 and 13, Town 19 North, Range 23 East, and Sections 7 and 18, Town 19 North, Range 24 East, Manitowoc County, Wisconsin.

Airport hazard means 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.

Nonconforming use means any building, structure, tree or use of land which does not conform to a regulation prescribed in this section or any amendment thereto, as of the effective date of such regulation.

Person means any individual, firm, partnership, corporation, company, association, joint stock association, or body politic, and includes any trustee, receiver, assignee, or other similar representative thereof.

Runway means a level portion of an airport having a surface specially developed and maintained for the landing and takeoff of aircraft.

Structure means any object constructed or installed by man.

Tree means 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.

Terms not defined in this section shall be as defined in the Manitowoc City Zoning Ordinance, subdivision regulations, in Wisconsin Statutes, or if not defined in any of the preceding, the terms shall be used with a meaning of common or standard utilization. Words used in the present tense include the future, words in the singular number include the plural numbers, and words in the plural number include the singular number. The word shall is mandatory, not permissive.

(4) Establishment of Zones. To carry out the purpose of this section, the area within three miles of the Manitowoc County Airport is divided into zones established by this section which are shown on the map entitled “Height Limitation Zoning Map, Manitowoc County Airport, Manitowoc, Wisconsin,” dated September 9, 2008, which is attached and adopted as part of the ordinance codified in this section.

(a) Interpretation of Zone Boundaries. Where uncertainty exists with respect to the boundaries of any zone, the following rules shall apply:

1. Where zone boundaries are indicated as being approximately coterminous with street or highway centerlines, right-of-way lines, platted lot lines, section lines, quarter section lines or other survey lines, such lines shall be construed to be said boundaries;

2. Where the boundary of a zone follows the shoreline of a stream, lake or other body of water, the zone boundary line shall be interpreted as following the high-water mark of such shoreline and, in the event of a change in shoreline, shall be construed as moving with said shoreline;

3. The Board of Appeals shall decide contested cases in which the actual location of a zone is disputed. The Board shall use the following procedure in such determination:

A. In all cases, the person contesting the location of the zone boundary shall be given a reasonable opportunity to present his case to the Board of Appeals and to submit his own technical evidence if he so desires. The Board shall not allow deviations from the boundary lines as mapped unless the evidence clearly and conclusively establishes that the mapped location or the interpretation of the mapped location is incorrect.

B. The Board of Appeals may examine any available evidence that is relevant to determine zone boundaries.

(5) Zone Regulations.

(a) Height Regulation. Except as otherwise provided in this section, 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 subsection (4) of this section.

(b) Use Restrictions.

1. Activities. Notwithstanding the provisions of subsection (4) of this section, no use may be made of land in any zone in such a manner as to create electrical interference with radio communication 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.

2. Exceptions. The restrictions contained in subsection (4) of this section shall not apply to objects which are less than 35 feet in height above ground level at the object site.

(6) Nonconforming Uses.

(a) Not Retroactive. The regulations prescribed in subsections (4) and (5) of this section shall not be construed to 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 subsections (8)(c)(2) and (3) of this section.

(b) 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 the ordinance codified in this section, and if such is diligently prosecuted.

(c) Removal. This section shall not interfere with the removal of nonconforming uses by purchase or the use of eminent domain.

(7) Board of Appeals. The Board of Appeals established under Wis. Stat. § 62.23 (1973), as amended for the adopted Manitowoc City Zoning Ordinance, shall be the Board of Appeals under this section and shall have the duties, powers, and functions provided for by Wis. Stat. § 62.23, as amended. The Board of Appeals shall act in accordance with MMC 15.550.

(8) Administration and Enforcement.

(a) Enforcement. This section shall be administered and enforced within the Manitowoc municipal limits through its designated agent, which is the Department of Building Inspection.

(b) Administration. It shall be the duty of the Director of Building Inspection to administer the regulations prescribed herein. Applications for permits and variances shall be made to the Director of Building Inspection upon a form furnished by him.

(c) Permits.

1. Future Uses. No structure or use shall hereafter be constructed, erected, installed, moved or structurally altered or permitted in any zone created by subsection (4) of this section until the owner or his agent shall have applied in writing for a permit therefor, and obtained such permit from the Director of Building Inspection, except for structures less than 35 feet in height above the ground. Said permit shall be posted in a prominent place on the premises prior to and during the period of construction, erection, installation or establishment. The Director of Building Inspection shall have the right to trim, prune, or remove at the owner’s expense any tree which was planted after adoption of the ordinance codified in this section and be found to be in violation of the height restriction for the zone in which it is located. 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 Director of Building Inspection to determine whether such use would conform to the regulations herein prescribed. If such determination is in the affirmative, the Director of Building Inspection shall issue the permit applied for.

2. Existing Uses. Before any nonconforming structure may be replaced, altered or rebuilt, a permit shall be applied for and secured in the manner prescribed by subsection (8)(c)(1) of this section 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 the ordinance codified in this section, or than it was when the application for permit was made.)

3. Hazard Marking and Lighting. Any permit or variance granted under subsections (7) and (8) of this section may, if such action is deemed advisable by the Board of Appeals to effectuate the purpose of this section and if such is reasonable in the circumstances, be so conditioned as to require the owner of the structures 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 the flyers the presence of an airport hazard.

(9) Amendments. The Mayor and Common Council may from time to time amend, supplement or repeal the regulations or change the district boundaries of this section in accordance with the procedure provided in Wis. Stat. § 114.136(2), as amended.

(10) Penalties. Any person violating any of the provisions of this section shall, upon conviction, forfeit not less than $20.00 nor more than $2,000 for such offense, together with the costs of prosecution, and in default of payment of such forfeiture and costs of prosecution shall be imprisoned in the City Jail until said forfeiture and costs are paid, but not to exceed 30 days for each violation. Each day that a violation continues to exist shall constitute a separate offense.

[Ord. 16-326 § 5, 2016; Ord. 06-487 §§ 10, 11, 2006. Prior code § 15.47]