#07 Introduce Ordinance Creating Airport Overlay Zoning Ordinance (File Ord. #2009-444)
Community Development Department Memorandum
Date: October 13, 2009
TO: Eric Levitt, City Manager
FROM: Duane Cherek, Planning Services Manager
SUBJECT: Introduction, refer to Plan Commission and schedule a public hearing on a
proposed ordinance creating Chapter 18.80 Airport Overlay Zoning District
to the City of Janesville Zoning Ordinance (File Ordinance No. 2009-444).
_____________________________________________________________________
As owner and operator of the Southern Wisconsin Regional Airport, the Rock County
Board of Supervisors directed the County Planning & Development Agency to create an
Airport Land Use Plan and Overlay Zoning Ordinance to ensure long-term viability of the
Airport, while protecting the health, safety and welfare of citizens and airport users. The
plan and ordinance are designed to ensure that compatible land uses are maintained in
the immediate vicinity of the airport. The ordinance establishes protection zones and
certain land use restrictions within a 3-mile jurisdictional boundary around the airport.
In early 2007, an Advisory Committee was established to assist the efforts of Meade &
Hunt, a consulting firm hired to prepare the Airport Land Use Plan and Overlay Zoning
Ordinance. The Advisory Committee included representation from the surrounding
Towns, the City of Janesville, Rock County officials, State DOT and other users of the
airport. After two years of preparation and review, the Rock County Board adopted the
land use plan and overlay zoning ordinance in April 2009. Pursuant to the Rock County
Ordinance, the City and all Towns are required to comply with the ordinance which shall
take effect on January 1, 2010. A transfer of jurisdictional control to regulate land use
by the City of Janesville can be implemented through local adoption of an ordinance
establishing an Airport Overlay Zoning District. The locally adopted ordinance must
include and maintain consistency with those provisions set forth in the County
Ordinance. File Ordinance No. 2009-444 has been prepared to satisfy those
requirements.
Preparation of File Ordinance No. 2009-444 proposes to create a new Chapter (18.80)
in the Zoning Ordinance entitled Airport Overlay Zoning District (AOZD) for the Southern
Wisconsin Regional Airport. It is important to note that the Community Development
Department worked closely with the Rock County Officials during preparation of the
County Ordinance to ensure that ordinance language was written to be consistent with
both City and County development processes
.
The Community Development Department recommends that following the first reading
of Ordinance 2009-444, it be referred to the Planning Commission for review and
recommendation and scheduled for a City Council public hearing on December 14,
2008.
cc: Brad Cantrell
Jay Winzenz
ORDINANCE NO. 2009-444
An ordinance repealing Section 18.32.050, amending Section 18.24.090, and creating
Chapter 18.80, Airport Overlay Zoning District (AOZD), of the Code of General
Ordinances of the City of Janesville, with penalties for violations thereof, together with
the cost of prosecution, with remedies upon default of forfeiture payment and injunctive
relief, all in the manner set forth in Section 18.80.150 and Chapter 18.28, respectively, of
the Code of General Ordinances of the City of Janesville.
THE COMMON COUNCIL OF THE CITY OF JANESVILLE DO ORDAIN AS FOLLOWS:
SECTION I
. Section 18.32.050 of the Code of General Ordinances of the City of Janesville is
hereby repealed. All subsequent subsections of Chapter 18.32 are hereby renumbered
accordingly.
18.32.050 HEIGHT LIMITATIONS IN VICINITY OF AIRPORT
. The maximum height
for all buildings and structures located within the vicinity of the Rock County Airport shall not
exceed the elevation in feet as delineated upon the Rock County height limitation zoning map.
This map, a part of the airport master plan, is adopted and made a part of this title and can be
found on file in the office of the city clerk.
SECTION II.
Section 18.24.090 of the Code of General Ordinance of the City of Janesville is
hereby amended to read as follows:
“18.24.090 Fee Schedule.
A. The fee schedule is as follows:
Condition Use Permit (PUD) $0
Conditional Use Permit (Variable)
0 to 10,000 sq ft or less than 1 acre $500
10,000 to 25,000 sq ft or 1 to 5 acres $1,000
Greater than 25,000 sq ft or 5 acres $1,500
Conditional Use Amendments $350
Application for Rezoning (Variable)
R1, R2, Conservancy or Agriculture $300
Multi-Family, Office, Comm. Or Indust. $500
Zoning Ordinance Amendment $500
Application for Change of Nonconforming Use $250
Filing of Appeal to Zoning Board of Appeals
(Variable)
1. Appeal of an Administrative Decision $50
2. Variation of Ordinance Standard $200
Site Plan Review (Variable)
Addition $150
New Building $250
Airport Overlay District Zoning/Building Permit $50
SECTION III.
Chapter 18.80 of the Code of General Ordinances of the City of Janesville is
hereby created to read as follows:
Chapter 18.80
AIRPORT OVERLAY ZONING DISTRICT
18.80.010 TITLE
18.80.020 EFFECTIVE DATE
18.80.030 GENERNAL PROVISIONS
18.80.040 AUTHORITY
18.80.050 PURPOSE AND INTENT
18.80.060 ABROGRATION AND GREATER RESTRICTIONS
18.80.070 INTERPRETATION
18.80.080 SEVERABILITY
18.80.090 ORDINANCE SUPERSEDES CONFLICTING ORDINANCE
18.80.100 JURISDICTION
18.80.110 STATE AND LOCAL AGENCIES REGULATED
18.80.120 DISCLAIMER OF LIABILITY
18.80.130 USE RESTRICTIONS
18.80.140 PENALTIES
18.80.150 VIOLATIONS
18.80.160 ADMINISTRATION
18.80.170 BOARD OF ADJUSTMENT
18.80.180 FEES
18.80.190 APPLICANT’S RECORDED AFFIDAVIT ACCEPTING MITIGATION
RESPONSIBILITIES
18.80.200 AIRPORT OVERLAY ZONING DISTRICTS
18.80.210 ESTABLISHMENT OF AIRPORT OVERLAY ZONING DISTRICTS
18.80.220 ZONING MAP AND DISTRICT BOUNDARIES
18.80.230 AIRPORT OVERLAY ZONING DISTRICT
18.80.240 DEFINITIONS
18.80.010 TITLE
This Ordinance shall hereafter be known, cited, or referred to as the Airport Overlay Zoning
District (AOZD) of the Southern Wisconsin Regional Airport.
18.80.020 EFFECTIVE DATE
This Ordinance shall be effective January 1, 2010, after adoption by the Common Council and
publication as provided by law. Amendments to this Ordinance shall be effective after adoption
18.80.030 GENERAL PROVISIONS
The Common Council of the City of Janesville do ordain the creation of the Airport Overlay
Zoning District (AOZD) Ordinance (hereafter referenced as the Ordinance) of the Southern
Wisconsin Regional Airport.
18.80.040 AUTHORITY
This Ordinance is adopted pursuant to the authority granted by Sections 114.135 and 114.136
of the Wisconsin State Statutes. Further authorization is granted by Sections 32.05, 59.52,
59.58, 59.69, 60.61, 62.23, 85.02, 85.15, and Chapter 114 of the Wisconsin Statutes, as well as
Chapter TRANS 56 of the Wisconsin Administrative Code.
18.80.050 PURPOSE & INTENT
A. The general purpose and intent of this Ordinance is to:
1. Promote public health, safety, convenience, and general welfare of the County
and its residents; and
2. Protect the Airport approaches and surrounding airspace from encroachment, as
well as limit the exposure of impacts to persons and facilities in proximity to the
Airport, located within the Southern Wisconsin Regional Airport Overlay Zoning
District.
B. The specific purpose and intent of this Ordinance is to:
1. Impose land use controls, which are in addition to those underlying zoning
classifications, that will maintain a compatible relationship between airport
operations and existing and future land uses within the three (3)-mile
jurisdictional boundary;
2. Regulate and restrict the height of structures and objects of natural growth,
concentrations of people (density), visual obstructions (smoke, steam, dust, etc.),
electrical and navigational interference, noise sensitive land uses, and wildlife
and bird attractants;
3. Implement recommendations developed in the Southern Wisconsin Regional
Airport Master Plan, Airport Land Use Plan, and/or Airport Layout Plans;
4. Promote compatible land uses while respecting the physical characteristics of the
County, the Southern Wisconsin Regional Airport, and locations and sites;
5. Promote development in an orderly, planned, cost-effective, and environmentally-
sound manner;
6. Regulate and restrict building sites, placement of structures, and land uses by
separating conflicting land uses and prohibiting certain land uses that are
detrimental to airport operations, navigable airspace, and the Southern
Wisconsin Regional Airport;
7. Provide a uniform basis for the preparation, implementation, and administration
of sound airport protection regulations for all areas within the three (3)-mile
jurisdictional boundary of the Airport Overlay Zoning District within the County to
protect the health, safety, and welfare of the County residents;
8. Provide a quality environment for human habitation and for encouraging the most
appropriate use of land within the three (3)-mile jurisdictional boundary within the
County; and
9. Control placement of buildings, heights of structures and natural vegetation, and
designation of land uses to limit conflicts with airport operations, navigable
airspace, and provide for the public health, safety, and welfare of County
residents located in the vicinity of the Southern Wisconsin Regional Airport.
18.80.060 ABROGATION & GREATER RESTRICTIONS
This Ordinance is not intended to repeal, abrogate, annul, impair, or interfere with any existing
easements, covenants, or deed restrictions. However, wherever this Ordinance imposes
greater restrictions, the provisions of this Ordinance shall govern.
18.80.070 INTERPRETATION
In their interpretation and application, the provisions of this Ordinance shall be held to be
minimum requirements, shall be liberally construed in favor of City of Janesville, and shall not
be deemed a limitation or repeal of any powers granted to the City of Janesville by the
Wisconsin Statutes.
18.80.080 SEVERABILITY
Each section, paragraph, sentence, clause, word, and provision of this Ordinance is severable.
If any provision is adjudged unconstitutional or invalid for any reason, such decision shall not
affect the remainder of this Ordinance.
18.80.090 ORDINANCE SUPERCEDES CONFLICTING ORDINANCES
All other ordinances or parts of ordinances of the City of Janesville inconsistent or conflicting
with the provisions set forth in this Chapter, to the extent of the inconsistency only, are hereby
superseded by this Chapter.
and publication.
18.80.100 JURISDICTION
A. The jurisdiction of this Ordinance shall extend over all lands and waters within
the three (3)-mile jurisdictional boundary of the AOZD, as those boundaries now
exist and as they are amended in the future.
B. The regulations of the AOZD shall apply:
1. To all properties within the three (3)-mile jurisdictional boundary identified
by the application of Section 114.136 of the Wisconsin Statutes,
measured from the Southern Wisconsin Regional Airport property line,
regardless of the municipal boundary.
2. To the properties within Rock County, Town of Beloit, Town of Janesville,
Town of La Prairie, Town of Rock, Town of Turtle, and City of Janesville,
all of which lie entirely or partially within the three (3)-mile jurisdictional
boundary of the AOZD.
3. To the limits represented by five (5) independent zones which are defined
in Section 18.80.210 of this Ordinance.
18.80.110 STATE AND LOCAL AGENCIES REGULATED
Unless specifically exempted by law, all Cities, Villages, Towns, and Counties are required to
comply with this Ordinance and obtain all necessary permits. State agencies are required to
comply if Section 13.48(13) of the Wisconsin Statutes, applies.
18.80.120 DISCLAIMER OF LIABILITY
The degree of protection provided by this Ordinance relative to aircraft operation and aircraft
overflights is considered reasonable for regulatory purposes and is based on Federal Aviation
Administration (FAA) Advisory Circular (AC) 150/5300-13, Airport Design Standards and
Federal Aviation Regulations (FAR) Part 77, Objects Affecting Navigable Airspace. Therefore,
this Ordinance does not imply that land uses within the vicinity of the Southern Wisconsin
Regional Airport will be totally free from aircraft noise impacts, aircraft operations, and aircraft
overflights. Nor does this Ordinance create liability on the part of, or a cause of action against,
the Southern Wisconsin Regional Airport, Rock County, Town of Beloit, Town of Janesville,
Town of La Prairie, Town of Rock, Town of Turtle, City of Janesville, or any officer or employee
thereof, for incidents that may result from reliance on this Ordinance.
18.80.130 USE RESTRICTIONS
Through the use of the Southern Wisconsin Regional Airport Height Zoning Map, heights of
structures and features, both man-made and natural growth, shall be limited. The following
uses shall also be restricted and regulated as specified within this Ordinance:
A. The following specific use restrictions and regulations shall also apply:
1. Existing Uses. Nothing contained in this Ordinance shall require the
removal of or any change in the construction, alteration, location, or use
of any existing use; this includes the construction, alteration, or use of
property or structural improvements lawfully in existence at the time of the
effective date of this Ordinance, or which commenced prior to the
effective date of this Ordinance, and has been completed or is being
diligently pursued. This includes vacant platted lots that were established
to accommodate proposed development prior to the effective date of the
Ordinance. It is further provided that the height limits of this Ordinance
shall in NO event be exceeded.
a. Partial Destruction. The owner of any existing use, building, or
structure which, as a result of fire, explosion, or other casualty is
destroyed, shall be allowed to rebuild, reconstruct, or rehabilitate
the same existing use on the same parcel, provided the following
requirements are met:
1. The existing use is reviewed and complies with the
Southern Wisconsin Regional Airport Height Zoning Map,
the land use restrictions as provided in Tables 4 – 10
(requiring a Zoning/Building Site Permit and Affidavit
(Applicant’s Recorded Affidavit Accepting Mitigation
Responsibilities), when specified), and is not otherwise
prohibited by the underlying zoning ordinance of the
municipality with jurisdictional authority.
2. Expansion of Existing Uses. Any existing use, as described in this
Ordinance, may be expanded, altered, or otherwise enlarged as long as
the following requirements are met:
a. The expansion, alteration, or enlargement meets the requirements
of the Southern Wisconsin Regional Airport Height Zoning Map,
the land use restrictions as provided in Tables 4 – 10 (requiring a
Zoning/Building Site Permit and Affidavit (Applicant’s Recorded
Affidavit Accepting Mitigation Responsibilities), when specified),
and is not otherwise prohibited by the underlying zoning ordinance
of the municipality with jurisdictional authority.
3. Permitted Uses are those land uses generally considered compatible
within a particular zone of the AOZD. Compatible land uses do NOT
impact or create hazardous conditions for aircraft, airport operational
areas, or aircraft overflight areas, and are considered reasonably safe for
area residents. Permitted Uses, however, shall conform to all Height
Restrictions within the AOZD, and may be required by the Committee
Designee to ensure height compliance. A Zoning/Building Site Permit
and Affidavit (Applicant’s Recorded Affidavit Accepting Mitigation
Responsibilities), is NOT required for compliance with THIS Ordinance.
4. Permit Required Uses are those land uses that shall be permissible
following the issuance of a City of Janesville Zoning/Building Site Permit.
The Permit, which may include development and use related conditions,
along with a signed Affidavit (Applicant’s Recorded Affidavit Accepting
Mitigation Responsibilities), notifies applicants of their responsibilities and
required mitigation for any construction, alteration, location or use of land
to minimize potential hazardous impacts to the Southern Wisconsin
Regional Airport, aircraft, airport operational areas, and aircraft overflight
areas, as well as residents of the area.
5. Not Permitted Uses are those land uses generally considered NOT
compatible (incompatible) or NOT permitted within a particular zone of the
AOZD. Incompatible land uses endanger the health, safety, and welfare
of Rock County residents and aircraft utilizing the Southern Wisconsin
Regional Airport.
18.80.140 PENALTIES
Any person, firm, or corporation who fails to comply with or violates the provisions of this
Ordinance shall, upon conviction thereof, forfeit not less than five hundred dollars ($500) and no
more than five thousand dollars ($5,000), plus the costs of prosecution, for each violation. Each
day a violation exists or continues shall constitute a separate offense. The City of Janesville
Citation Ordinance (Chapter 18.28) may also be used to address Ordinance violations.
18.80.150 VIOLATIONS
A. It shall be unlawful to construct or use any structure, land, or water in violation of any of
the provisions of this Ordinance. In case of any violation, the Community Development
Director, and/or his/her designee(s) may institute appropriate action or proceeding to
enjoin a violation of this Ordinance or cause structure or use to be vacated or removed.
The building official may refer violations to the city attorney who may prosecute such
violations according to the penalties provided in Section 18.28.010.
B. Any person, firm, corporation, cooperative or other entity of whatsoever kind or nature
who violates any provision of this chapter shall pay a forfeiture and shall be otherwise
penalized as set forth in Section 18.28.010.
C. Each day’s continuance of any violation constitutes a separate violation.
D. In addition to and not in lieu of any forfeiture imposed herein, the City may apply for and
the court may grant, from time to time, injunctive relief including, but not limited to,
abatement and mandatory performance.
18.80.160 ADMINISTRATION
A. DESIGNATION. The Common Council hereby designates the Community
Development Director (hereinafter referred to as Director) and/or his/her
designee(s) to administer and enforce the provisions of this Chapter. In the
event of any conflict, the determination or interpretation of the Community
Development Director shall prevail.
B. RESPONSIBILITIES. The Director is hereby delegated the responsibility and
authority to:
1. Approve or conditionally approve Zoning/Building Site Permits that do
NOT exceed required height restrictions;
2. Advise applicants of the provisions of this Ordinance and assist them in
preparing permit applications and appeals;
3. issue permits and inspect any building site or improvement or use of land
as required by this Ordinance;
4. investigate and issue Citations for violations of this Ordinance;
5. maintain records of approvals, denials, conditions of approvals, and
inspections made, and maintain a complete public record of all
proceedings;
6. maintain on file a list of all documentation of certified elevations; and
7. review and make recommendations to the County Board of Supervisors
on all zoning map changes and amendments to the text of Land Control
Ordinances, including the Airport Overlay Zoning District Ordinance; and
C. POWERS. The Director shall have all the powers necessary to enforce the
provisions of this Ordinance without limitation by reason of enumeration,
including the following:
1. To require complete and accurate information necessary to make
reasonable evaluations of applications;
2. to hear and grant applications for unclassified and unspecified uses,
provided that such uses are similar in character to the principal uses
permitted in the district; and
3. to hear and grant applications for temporary uses in any district, provided
that such uses are of a temporary nature, do NOT involve the erection of
a substantial structure(s), and are compatible with neighboring uses. The
permit shall be temporary, revocable, subject to any conditions required
by the Director and shall be issued for a period not to exceed twelve (12)
months. Compliance with all other provisions of this Ordinance shall be
required.
D. ZONING/BUILDING SITE PERMIT. When required by this Ordinance, a
Zoning/Building Site Permit (valid for one (1) year) shall be obtained from the
Director and/or his/her designee before the removal of or any change in the
construction, alteration, location, or use of any existing use or proposed use. In
all cases, the height limits of this Ordinance shall NOT be exceeded. The
Zoning/Building Site Permit (for Permit Required Uses or for Existing Uses when
specified), which may include development and use related conditions, along
with a signed Affidavit (Applicant’s Recorded Affidavit Accepting Mitigation
Responsibilities), notifies applicants of their responsibilities and required
mitigation for any construction, alteration, location or use of land to minimize
potential hazardous impacts to the Southern Wisconsin Regional Airport, aircraft,
airport operational areas, and aircraft overflight areas, as well as residents of the
area. Failure to obtain a Zoning/Building Site Permit when required, shall be a
violation of this Ordinance. Application for a permit shall be made to the Director
and/or his/her designee upon furnished application forms and shall include the
following data:
1. Name and address of the applicant, property owner, and contractor-
builder; an accurate properly dimensioned map of the property, in
duplicate showing;
2. legal description of the property, the type of proposed use, and an
indication as to whether new construction or a modification to an existing
structure is involved;
3. a description of the proposed land use and building materials and
landscaping materials;
4. when the Director deems necessary, the elevation of the highest point of
the structure, object, or natural vegetation using National Geodetic and
Vertical Datum when locating within the individual zone of the AOZD,
including existing ground elevations reporting in Mean Sea Level (MSL),
height of the structure or object above ground measured in feet (AGL),
and top elevation measured in MSL;
5. when the Director deems necessary, evidence of submission for a
Federal Aviation Administration (FAA) Form 7460-1, Notification of
Proposed Construction or Alteration, commonly known as an “airspace
review”. Receipt of final determination letter from the FAA is required
prior to final approval or denial of a Zoning/Building Site Permit (as
required for Permit Required Uses or for Existing Uses when specified);
6. applicant’s affidavit accepting mitigation responsibilities to ensure that any
use, construction or alteration of such use is compatible with this
Ordinance; and
7. OTHER PERMITS. It is the responsibility of the applicant to secure all
other necessary permits from all appropriate federal, state, and local
agencies.
E. APPLICATION INFORMATION. In order to secure evidence upon which to base
its determination, the Director may require, in addition to the information required
on Permit Application, the submission of plans of buildings; arrangement of
operations; plat of grounds showing location and elevation of buildings,
stockpiles, wells, septic systems, equipment storage, fences or screens, parking
areas, traffic access, fill areas, flood proofing measures, landscaping; and any
other pertinent information that may be necessary to determine if the proposed
use meets the requirements of this Ordinance.
1. Plans drawn to a scale of not less than one (1) inch equals two hundred
(200) feet showing the location, dimensions, elevations, and contours of
the site; elevations of all pertinent structures, fill, or storage areas; size,
location, and spatial arrangements of all proposed and existing structures
on the site; location and elevations of streets, water supply, and sanitary
facilities; and the relationship of the above to the Southern Wisconsin
Regional Airport, as well as a particular zone(s) of the AOZD.
F. STANDARDS APPLICABLE TO ALL PERMIT REQUIRED USES WITHIN THE
AIRPORT OVERLAY ZONING DISTRICT. Upon reviewing a Zoning/Building
Site Permit application in the AOZD, the Director shall consider the factors listed
below. In addition, the Director is not authorized to allow any use to exceed a
height limitation in the AOZD.
1. Potential to create an undue concentration of people (density);
2. potential to cause visual obstructions (through the creation of smoke, steam,
dust, lighting or other unspecified obstruction) that would adversely effect
aircraft operational areas and airspace, and specifically the proximity to
runway ends, runway surfaces and extended runway centerlines;
3. potential for noise sensitivity, and when necessary, ensuring building
construction that reduces airport related noises for proposed uses;
4. creation of electrical or navigational interference;
5. creation of standing water areas or detention/retention ponds which may
attract wildlife, thus designing or mitigating standing water areas or
detention/retention ponds to avoid attracting wildlife;
6. creation of wildlife attractants other than water;
7. potential storage of flammable or hazardous materials limits as defined by the
Wisconsin Commercial Building Code;
8. at the owner's expense, the technical expertise of a professional surveyor
and/or engineer to determine exact locations and elevations. This may be
done to confirm the accuracy of information supplied by the applicant.
G. CONDITIONS OF APPROVAL. Upon consideration of the factors listed above,
the Director may deny or approve the issuance of a Zoning/Building Site Permit;
any approval may require attached conditions the Committee Designee deems
necessary in furthering the purpose of this Ordinance. Violation of any of these
conditions shall be deemed a violation of this Ordinance.
H. APPEALING DECISIONS OF THE DIRECTOR. If the Director and/or his/her
designee denies or conditionally approves a Zoning/Building Site Permit and the
applicant disagrees with such decision, the applicant may appeal such denial or
condition to the Plan Commission. Such an appeal shall be signed and filed in
writing with the Community Development Department within thirty (30) days
following the Committee Designee’s determination or be forever barred. The
Plan Commission may affirm, overrule or modify a decision of the Director and/or
his/her designee.
18.80.170 BOARD OF ADJUSTMENT
There is hereby established a Zoning Board of Appeals pursuant to Section 62.23(7) of the
Wisconsin Statutes. As prescribed, City Ordinance 18.24 – Procedures for the Zoning Board of
Appeals, are hereby referenced and made part of this Ordinance.
A. Any person, office, or department aggrieved by an order, requirement,
interpretation, or determination made by the Director and/or his/her designee
may appeal such decision to the City of Janesville Board of Appeals for final
judgment.
B. Use variances shall not be granted under the Ordinance.
C. Height variances shall not be granted under this Ordinance.
D. Where the Zoning Board of Appeals finds that unnecessary hardships or practical
difficulty will result from strict compliance with these regulations, they may
approve variances so that substantial justice may be done and the public interest
is secured. Such variance shall not have the effect of nullifying the intent and
purpose of these regulations. The Board of Appeals shall not approve variances
unless it shall make findings based upon the evidence presented to it in each
specific case that:
1. The proposed variance request is not contrary to the public interest and is
consistent with the intent of applicable ordinances and will not
compromise public safety and welfare (will not hinder airport operations
and/or future growth of the Southern Wisconsin Regional Airport);
2. the proposed variance will not serve as a special privilege and is justified
based on special conditions on the property, which are not shared by
other properties in the same locality or district (for example, lot shape,
elevation or topography);
3. a strict and literal interpretation of the Ordinance will result in a practical
difficulty and unnecessary hardship on the property owner (hardship shall
be distinguished from inconvenience);
4. the variance is not requested because of a self-imposed hardship;
5. shall not be granted solely on the basis of economic gain or loss; and
6. shall not be granted for actions which require an amendment to this
Ordinance or the Map(s) described in any Section of this Ordinance.
E. CONDITIONS. In approving variances, the Zoning Board of Appeals may require
conditions that will, in its judgment, substantially secure the objectives of the
standards or requirements of these regulations.
F. PROCEDURES. An appeal or an application for a variance shall be submitted to
the Zoning Board of Appeals within thirty (30) days of the action of the Director
and/or his/her Designee.
G. In all cases, the person contesting the location of the district boundary shall be
given a reasonable opportunity to present arguments and technical evidence to
the Board of Appeals. Where it is determined that the district boundary is
incorrectly mapped, the Board should either inform the Director to proceed to
petition Rock County or inform the person contesting the location of the boundary
to petition Rock County, for a map amendment pursuant to Chapter 29 of the
Rock County Code of Ordinances.
18.80.180 FEES
A. At the time of application, the property owner or his/her agent shall pay the fees
established pursuant to Section 18.24.090 – Fee Schedule.
18.80.190 APPLICANT’S RECORDED AFFIDAVIT ACCEPTING MITIGATION
RESPONSIBILITIES
For all Permit Required Uses or for Existing Uses when specified, the following information shall
be noticed to each applicant indicating the responsibilities of the applicant to mitigate any
construction, alteration, location or use of land to minimize potential hazardous impacts to the
Southern Wisconsin Regional Airport, aircraft, airport operational areas, and aircraft overflight
areas, as well as Rock County residents. Failure of applicant to mitigate potential hazardous
impacts shall be a violation of the terms and requirement of this Ordinance. A signed and
accepted Affidavit must be recorded in the Rock County Register of Deeds. Permitted Uses
under this Ordinance are NOT required to secure a Zoning/Building Site Permit or Affidavit.
Those potential impacting issues are listed below:
A. SITE DESIGN AND PHYSICAL CHARACTERISTICS
1. Existing topography, drainage patterns, and vegetative cover and the
suitability of the proposed use in that regard.
2. Proximity of runway environs and extended runway centerline areas.
3. Location of any linear roadways, relative to the alignment of the runway or
the extended runway centerline.
B. NOISE SENSITIVITY
1. Insulate the structure/land use to reduce noise impacts.
2. Use airport compatible landscaping material to mitigate noise exposure.
3. Shift the structure or land use to allow for a more compatible location.
C. TALL STRUCTURES
1. Lower the structure or land use to a compatible height.
2. Shift the structure or land use to allow for a more compatible location.
D. VISUAL OBSTRUCTIONS
1. Install down shielded light fixtures.
2. Reduce the number of lighting fixtures, while still illuminating the land use
area safely.
3. Configure lighting so it does not align with a runway or airport facility,
making it easier for a pilot to distinguish the Airport from the development.
4. Limit reflective building materials, such as mirrored/reflective glass, solar
panels, metal roofs, etc., within the vicinity of the Airport.
5. Locate areas of water away from the Airport to minimize reflection.
6. Shift the structure or land use within the site so that prevailing wind
directions carry smoke, steam, or dust away from the Airport.
7. Change land use activity to reduce or limit emissions of smoke, steam, or
dust.
E. WILDLIFE AND BIRD ATTRACTANTS
1. Select and space vegetative species to minimize habitats and food
sources.
2. Maintain appropriate grass lengths to minimize wildlife attractants.
3. Prohibit certain agricultural crops near the Airport.
4. Eliminate or mitigate standing water bodies that provide water and
habitat.
5. Use repellents to disperse wildlife in a humane manner.
18.80.200 AIRPORT OVERLAY ZONING DISTRICTS
A. AIRPORT OVERLAY ZONING DISTRICT. All Southern Wisconsin Regional
Airport Overlay Zoning Districts established by this Ordinance are shown on the
Southern Wisconsin Regional Airport Overlay Zoning District Map on file with the
County Planning and Development Agency and Janesville Community
Development Department and are adopted as part of this Ordinance.
B. AIRPORT HEIGHT ZONING DISTRICT. All height zones established by this
Ordinance are shown on the Southern Wisconsin Regional Airport Height Zoning
Map on file with the County Planning and Development Agency and Janesville
Community Development Department and are adopted as part of this Ordinance.
1. Height Limitations. No building, structure, object, or vegetation (e.g.
trees, shrubs) shall be constructed, erected, altered, allowed to grow, or
planted within any AOZD established by this Ordinance to a height in
excess of the applicable height limitations as shown on the Southern
Wisconsin Regional Airport Height Zoning Map, which is maintained by
the County Planning and Development Agency and also kept on file in the
Janesville Community Development Department. The permitted height
shall not exceed the height limitation elevations shown on the Southern
Wisconsin Regional Airport Height Zoning Map within the various zones
encompassed by this Ordinance.
18.80.210 ESTABLISHMENT OF AIRPORT OVERLAY ZONING DISTRICTS
For the purpose of this Ordinance, the area of Rock County under the jurisdiction of this
Ordinance is hereby divided into the following districts and zones:
A. Airport Overlay Zoning District
?Zone A – Runway Protection Zone (RPZ)
?Zone B1 – Approach Surface
?Zone B2 – Approach Surface
?Zone C – Transitional Surface
?Zone D –Three (3)-Mile Jurisdictional Boundary
B. Airport Height Zoning District
18.80.220 ZONING MAP AND DISTRICT BOUNDARIES
A. The boundaries of each district are established as shown on a map entitled
Southern Wisconsin Regional Airport Overlay Zoning District Map, Rock County,
Wisconsin, dated April 23, 2009 and the Height Restrictions are established on a
map entitled Southern Wisconsin Regional Airport Height Zoning Map, Rock
County, Wisconsin, dated December 11, 2003 as amended and adopted on April
23, 2009 by the Rock County Board of Supervisors. The Southern Wisconsin
Regional Airport Overlay Zoning District Map and Southern Wisconsin Regional
Airport Height Zoning Map bear the signature of the County Board Chairman
attested by the County Clerk and shall be on file in the County Planning and
Development Agency and Janesville Community Development Department be
readily available to the public.
B. The AOZD, as presented in this Section, has been created for the purpose of
imposing special regulations in designated areas of Rock County to accomplish
specific purposes that are set forth within each individual AOZD. The AOZD
shall be in addition to, and shall overlap and overlay, all other zoning districts
within the three (3)-mile jurisdictional boundary of the Southern Wisconsin
Regional Airport.
1. The Southern Wisconsin Regional Airport Height Zoning Map dated
December 11, 2003, as amended, accompanies and is made part of this
Ordinance. The elevation numbers indicated within each cell are
established as shown on a map entitled “Southern Wisconsin Regional
Airport Height Zoning Map, Rock County Wisconsin,” dated December
11, 2003 as amended. Cell elevation numbers indicated on this Map
provide the maximum permissible height above mean sea level (MSL),
which buildings, structures, objects, or vegetation in that cell shall NOT
exceed. The provisions of the AOZD within this Ordinance shall apply to
all cell areas indicated on this Map.
2. The Airport Overlay Zoning Districts are established as shown on the
Airport Overlay Zoning District Map entitled “Southern Wisconsin Regional
Airport Overlay Zoning District Map, Rock County, Wisconsin,” dated April
23, 2009 as amended. This Airport Overlay Zoning District Map is to be
used in conjunction with the Southern Wisconsin Regional Airport Height
Zoning Map, and is made part of this Ordinance. Federal Aviation
Regulations (FAR) Part 77 Surfaces and FAA Runway Protection Zones
(RPZs) have been utilized to create five individual zones as part of the
AOZD associated with compatible land use near the Southern Wisconsin
Regional Airport. These districts encompass a three (3)-mile radius from
the Southern Wisconsin Regional Airport property line, as authorized by
Wisconsin Statutes.
18.80.230 AIRPORT OVERLAY ZONING DISTRICT
A. PURPOSE OF AIRPORT OVERLAY ZONING DISTRICT. The purpose of the
AOZD is to provide a means of attaining the goals and objectives of the Rock
County Comprehensive Plan and the Southern Wisconsin Regional Airport
Master Plan, Airport Land Use Plan, and/or Airport Layout Plans, and to protect a
public airport from incompatible uses of land, people, and property from
encroaching into areas where historical and practical experience indicates that
conflict will result.
B. AIRPORT LAND USE ZONES. The AOZD is comprised of five individual zones,
which include A, B1, B2, C, and D.
C. ZONES ENFORCED BY THIS ORDINANCE
1. PRIMARY SURFACE. The primary surface is the only FAR Part 77
Surface that is not specifically used as a land use compatibility zone due to
its proximity to the runway environs. This surface area must be owned and
under the control of the Airport.
The primary surface must be clear of all obstructions except those fixed
by their function, such as runway edge lights, navigational aids, or airport
signage. The primary surface is currently controlled by the Southern
Wisconsin Regional Airport. Even though the primary surface is not
included as a land use zone, it functions as an important safety area
since it is longitudinally centered on a runway and is intended to provide
an Object Free Area (OFA) around the runway surface. When a runway
has a prepared hard surface, such as those at the Airport, the primary
surface will extend two hundred (200) feet beyond each individual runway
end.
The following primary surface widths are applied to the specific Airport
runways:
?Runway 14/32 - 1,000 feet
?Runway 04/22 - 1,000 feet
?Runway 18/36 - 250 feet
Table 1,Figure1, Figure 2
and depict various dimensional requirements
for the primary surface and other FAR Part 77 Surfaces. A visual
approach runway has relatively small surfaces, with approach and
horizontal surfaces extending five thousand (5,000) feet from the primary
surface at an approach slope of twenty feet horizontally for each one foot
vertically (20:1). For a non-precision approach runway, both the
approach and horizontal surfaces extend either five thousand (5,000) or
ten thousand (10,000) feet from the primary surface, depending on the
design category of the runway. The approach surfaces for precision
approach runways are similar to those for non-precision approach
runways, except that the approach surface extends fifty thousand
(50,000) feet from the primary surface and the horizontal surface extends
ten thousand (10,000) feet from the primary surface.
2. ZONE A – RUNWAY PROTECTION ZONE (RPZ). The dimensional
standards for Zone A are the same as those described in FAA AC
Table 2
150/5300-13, Airport Design Standards and are illustrated in and
Figure 3
.
3. ZONE B – APPROACH SURFACE. Zone B is a critical overlay zoning
surface that reflects the approach and departure areas for each runway at
the Airport. The size of Zone B is the combination of Zone B1 and B2
and is predicated on the approach type (visual, non-precision, or
precision) at a specific runway and the type/size of aircraft utilizing the
Table 3Figure 4
runway, as illustrated in and . A portion of Zone B1 is
superseded by Zone A because the approach surface and RPZ overlap
the entire length of the RPZ. Consequently, the length of Zone B1 begins
at the inner edge of the RPZ and continues to one-half (1/2) the length of
the approach surface beyond Zone A. Zone B2 is also equal to one-half
(1/2) the length of Zone B, beyond Zone B1, and is located at the outer
edge of the zone.
4. ZONE C – TRANSITIONAL SURFACE. The areas within Zone C are
those that extend one thousand fifty (1,050) feet outward from the edge of
the primary surface, paralleling the runway and extended runway
centerline with Zone B1, to a length equal to the outer edge of Zone A
Table 3Figure 4
and then squared to meet Zone A, as shown in the and .
5. ZONE D – THREE (3)-MILE JURISDICTIONAL BOUNDARY. Zone D
encompasses the horizontal (innermost area) and conical Surface
(outermost area) of the FAR Part 77 Surfaces, all of which represent the
three (3)-mile jurisdictional boundary, as provided for within Wisconsin
Table 3Figure 4)
Statutes ( and . Zone D is calculated by intersecting a
series of three (3)-mile arcs drawn from the outermost property
boundaries of the Airport.
Table 1 Southern Wisconsin Regional Airport Runway Information
Runway Length Runway Width FAR Part 77
Runways
(feet) (feet) Classifications
14 B(D)
7,300 150
32 PIR
04 PIR
6,701 150
22 B(D)
18 A(V)
5,000 75
36 A(V)
A(V) – Utility and visual runway.
A utility runway is constructed and intended for use by propeller-driven aircraft
with maximum gross weight of 12,500 pounds or less.
A visual runway is intended for the operation of aircraft using solely visual
approach procedures, with no straight-in instrument approach procedure.
B(D) – Non-utility and non-precision instrument runway.
A non-utility runway is constructed and intended for use by aircraft with a maximum
gross weight greater than 12,500 pounds.
A non-precision instrument runway has an existing instrument approach procedure that
utilizes air navigation facilities with only horizontal guidance, or area type navigation equipment,
for which a straight-in non-precision instrument approach procedure has been approved.
PIR – Precision instrument runway has an existing instrument approach procedure that
utilizes an Instrument Landing System (ILS) or a Precision Approach Radar (PAR).
Source:
FAR Part 77 Object Affecting Navigable Airspace
Figure 1 FAR Part 77 Surfaces – Plan view
Source:
FAR Part 77 Object Affecting Navigable Airspace
Figure 2 FAR Part 77 Surfaces – 3D Isometric View of Section A
Source:
FAR Part 77 Object Affecting Navigable Airspace
Table 2 Airport Overlay Zone A Dimensional Requirements
Dimensions
Approach Visibility
Length Inner Width Outer Width
Runway Ends
RPZ
Minimums 1
LWW
feet feet feet
12
acres
(meters) (meters) (meters)
Not lower than
1,700 1,000 1,510
14 ¾-mile (1,200m), 48.978
(510) (300) (453)
all aircraft
Lower than ¾-mile 2,500 1,000 1,750
32 78.914
(1,200m), all aircraft (750) (300) (525)
Lower than ¾-mile 2,500 1,000 1,750
04 78.914
(1,200m), all aircraft (750) (300) (525)
Not lower than
1,700 1,000 1,510
22 ¾-mile (1,200m), 48.978
(510) (300) (453)
all aircraft
Visual and not lower
1,000 250 450
18 than 1-mile (1,600m), 8.035
(300) (75) (135)
small aircraft
Visual and not lower
1,000 250 450
36 than 1-mile (1,600m), 8.035
(300) (75) (135)
small aircraft
1 The RPZ dimensional standards are for the runway end with the specified approach visibility minimums.
The departure RPZ dimensional standards are equal to or less than the approach RPZ dimensional standards.
When an RPZ begins other than 200 feet (60m) beyond the runway end, separate approach and departure RPZs
should be provided. Refer to FAA AC 150/5300-13, Change 11, Appendix 14 for approach and departure RPZs.
Source: Southern Wisconsin Regional Airport, Airport Layout Plan, and information from
FAA AC 150/5300-13,
Change 11, Airport Design Standards
Figure 3 Airport Overlay Zone A Runway Protection Zone (RPZ) Diagram
Source:
FAA AC 150/5300-13, Change 11, Airport Design Standards
Table 3 Airport Overlay Zones B1, B2, C, and D Dimensional Requirements
Dimensions
in Figure 2
Runway Dimensional Standards (Feet)
Item
14 32 04 22 18 36
Primary surface width
1 1,000 1,000 1,000 1,000 250 250
Zone B1
and inner width
Zone B2
2 end width 4,000 16,000 16,000 4,000 1,250 1,250
Combination of
3 10,000 10,000 10,000 10,000 5,000 5,000
Zone B1 and B2 1
length
Zone C
4 width 1,050 1,050 1,050 1,050 1,050 1,050
Zone D 2
5 length 15,840 15,840 15,840 15,840 15,840 15,840
1
Length of B1 and B2 begin at the edge of the primary surface.
Area of B1 is located under Zone A and is superseded by Zone A requirements.
2
Zone D is located using a 3-mile radius from the outermost property limits of the
Airport and drawing a smoothed curve to connect these surfaces
Source: Mead & Hunt
Figure 4 Airport Overlay Zones B1, B2, C, and D Diagram
D. SOUTHERN WISCONSIN REGIONAL AIRPORT OVERLAY ZONING DISTRICT MAPS.
The boundary of the AOZD shall extend three (3)-miles beyond the Airport property line.
The AOZD utilizes two (2) maps which bear the signature of the County Board Chairman
attested by the County Clerk and shall be on file in the office of the County Planning and
Development Agency.
1. Southern Wisconsin Regional Airport Height Zoning Map dated December 11,
2003 as amended, accompanies this Ordinance and illustrates the allowable
heights for structures, objects, and natural vegetation. NO trees shall be
allowed, nor shall any structure be constructed, altered, located, or permitted
which exceeds the height limitations indicated on the Southern Wisconsin
Regional Airport Height Zoning Map. The maximum height elevations, measured
above mean sea level (MSL), on said map are shown by topographic lines
depicted in relationship to section lines and land subdivision lines on said map.
2. Southern Wisconsin Regional Airport Overlay Zoning District Map dated April 23,
2009 accompanies this Ordinance and illustrates the allowable land uses within a
particular zone of the AOZD. NO land use should be allowed nor shall any
structure be constructed, altered, located, or permitted which encroaches upon
the Southern Wisconsin Regional Airport creating hazards for aircraft, airport
operational area, and aircraft overflight areas, as well as Rock County citizens.
The particular zones of the AOZD are illustrated on the Southern Wisconsin
Regional Airport Overlay Zoning District Map.
E. EXCEPTIONS. The restrictions contained in this Section shall not apply to legal fences
when located outside the Southern Wisconsin Regional Airport property lines.
F. HAZARD MARKING AND LIGHTING. Any permit may, if such action is deemed
advisable by the Community Development Director and the FAA, require the owner of a
structure or tree(s) to install, operate, and maintain thereon such markers, lights, and
navigational aids as may be necessary to indicate to the fliers the presence of an airport
hazard, at the owner’s expense.
G. PROHIBITED USES IN THE AIRPORT OVERLAY ZONING DISTRICT.
1. Any use that would exceed the Height Restrictions of the AOZD.
2. No overhead electric, telephone, telegraph, or cable lines shall be erected within
Zone A.
H. LAND USE AIRPORT ZONE CHARTS & RESTRICTIONS. Tables 4 through 10 shall be
utilized for determination of any land use within this AOZD. No construction, alteration,
location or use of land shall be inconsistent with the required AOZD as outlined in Tables
4 through 10.
Table 4 Residential Activities
Southern Wisconsin Regional Airport
Land Use Airport Zone Chart
E = Existing Land Use (Development or land use currently on the ground)
F = Future Land Use
(Proposed future development or land use)
PPR RNN
= ermitted** = Permit equired = ot Permitted
*Permit Required use in a location sensitive to the intent of this Ordinance, requiring the Committee
Designee’s detailed attention and caution when considering conditions for a Zoning Building/Site Permit
**Pendingheight restriction compliance
Zone Zone Zone Zone Zone
Land Uses
AB1B2CD
Residential Activities
E F E F E F E F E F
Single-Family Uses (1 dwelling per lot)
Detached Single Family Dwelling
(e.g. farm dwelling, detached single
R N P R* P R R N P P
family house, or manufactured,
modular, mobile home if converted
to real property and taxed)
Detached Zero Lot Line Dwelling
R N P R* P R R N P P
(e.g. condominium)
Attached Single Family Dwelling
R N P R* P R R N P P
(e.g. townhouse)
Two Family Uses
R N P R* P R R N P P
(e.g. two principal dwelling units
within one building on the same parcel)
Multi-Family Uses
(Three or more principal dwelling units within a single building on the same parcel)
(e.g. apartment, condominium, townhouse-style)
R N P R* P R R N P P
Low-Rise
(2 to 3 Levels)
R N P R* P R R N P P
Mid-Rise
(4 to12 Levels)
R N P N P R* R N P P
High-Rise
(13+ Levels)
Group Living Uses
(e.g. assisted living, group care, independent group living, nursing and convalescent home)
Residential Group Living Units
R N P R* P R R N P P
(1 dwelling per lot)
Commercial Group Living Units
(e.g. apartment style dwelling unit)
R N P R* P R R N P P
Low-Rise
(2 to 3 Levels)
R N P R* P R R N P P
Mid-Rise
(4 to12 Levels)
R N P N P R* R N P P
High-Rise
(13+ Levels)
Manufactured Housing Parks R N P R* P R R N P P
Table 5 Commercial Activities
Southern Wisconsin Regional Airport
Land Use Airport Zone Chart
E = Existing Land Use (Development or land use currently on the ground)
F = Future Land Use
(Proposed future development or land use)
PPR RNN
= ermitted** = Permit equired = ot Permitted
*Permit Required use in a location sensitive to the intent of this Ordinance, requiring the Committee
Designee’s detailed attention and caution when considering conditions for a Zoning Building/Site Permit
**Pendingheight restriction compliance
Zone Zone Zone Zone Zone
Land Uses
AB1B2CD
Commercial Activities
E F E F E F E F E F
Casino
R N R N R R* R N P P
Eating and Drinking Establishments
(e.g. restaurant, cafe, coffee shop, fast
R N P R* P R R R* P P
food restaurant, bar, nightclub, tavern,
cocktail lounge)
General Office
(e.g. professional, business, financial, governmental)
R N P R P P R R* P P
Low-Rise
(2 to 3 Levels)
R N P R* P R R N P P
Mid-Rise
(4 to12 Levels)
R N R N R R* R N P P
High-Rise
(13+ Levels)
Hospitality-Oriented
(e.g. hotel, motel, convention center, meeting hall, event facility)
R N P R* P P R R* P P
Low-Rise
(2 to 3 Levels)
R N P R* P P R N P P
Mid-Rise
(4 to12 Levels)
R N P N P R R N P P
High-Rise
(13+ Levels)
Medical/Dental Office
(e.g. medical, dental, chiropractic, physical therapy)
R N P R P P R R* P P
Low-Rise
(2 to 3 Levels)
R N P R* P R R N P P
Mid-Rise
(4 to12 Levels)
R N R N R R* R N P P
High-Rise
(13+ Levels)
Outdoor Storage and Display-Oriented
(e.g. outdoor storage-lumber yard,
R N P R P R R R P P
vehicles sale, landscape material and
nursery product sale, or farm supply
equipment sale)
Table 5 Commercial Activities (Continued)
Southern Wisconsin Regional Airport
Land Use Airport Zone Chart
E = Existing Land Use (Development or land use currently on the ground)
F = Future Land Use
(Proposed future development or land use)
PPR RNN
= ermitted** = Permit equired = ot Permitted
*Permit Required use in a location sensitive to the intent of this Ordinance, requiring the Committee
Designee’s detailed attention and caution when considering conditions for a Zoning Building/Site Permit
**Pendingheight restriction compliance
Zone Zone Zone Zone Zone
Land Uses
AB1B2CD
Commercial Activities (Continued)
E F E F E F E F E F
Personal Service-Oriented
(e.g. retail service, banking facility,
R N P R P P R R P P
laundromat, dry cleaning, quick
printing service, beauty salon,
tanning salon, funeral home)
Quick Vehicle Servicing Uses
R N P R* P R R N P P
(e.g. full-serve/mini-serve gas station,
unattended card key service station)
Repair-Oriented
R N P R P P R R P P
(e.g. consumer goods-electronic,
office equipment, appliance)
Retail Uses
(e.g. sale, lease, or rent of new or used products)
Small Sales-Oriented
(e.g. appliance, convenience store,
R N P R P P R R P P
bakery, electronic, furniture, garden
supply, grocery, hardware, video)
Large Sales-Oriented
R N P R* P R* R R* P P
(e.g. big box store, mall, strip mall)
Surface Passenger Services
R N P R P R R R P P
(e.g. passenger terminal for buses,
rail service, local taxi, limousine service)
Vehicle Repair Uses
R N P R P R R R P P
(e.g. vehicle repair or service shop,
alignment shop, tire sale)
Table 6 Industrial/Manufacturing Activities
Southern Wisconsin Regional Airport
Land Use Airport Zone Chart
E = Existing Land Use (Development or land use currently on the ground)
F = Future Land Use
(Proposed future development or land use)
PPR RNN
= ermitted** = Permit equired = ot Permitted
*Permit Required use in a location sensitive to the intent of this Ordinance, requiring the Committee
Designee’s detailed attention and caution when considering conditions for a Zoning Building/Site Permit
**Pendingheight restriction compliance
Zone Zone Zone Zone Zone
Land Uses
AB1B2CD
Industrial/Manufacturing Activities
E F E F E F E F E F
Industrial Service Uses
(e.g. machine shop, tool repair, towing
and vehicle storage, building supply yard,
R N P R P P R R P P
heating/plumbing/electrical contractor,
exterminator, janitorial service, fuel oil
distributor, solid fuel yard)
Manufacturing and Production Uses
(e.g. manufacturing, processing, fabrication, packaging or assembly of goods)
Technical/Light Manufacturing
(e.g. electrical components, engineering,
R N P R P P R R P P
scientific and research office, optical,
computer hardware/software, publishing,
pharmaceuticals, printing/photo facility,)
General Manufacturing
(e.g. manufacturing, compounding,
R N P R P P R R P P
assembling or treatment of most
articles, materials, or merchandise)
Heavy Manufacturing
(e.g. concrete and asphalt plant,
R N R N R R* R N P P
meat packing plant, wet corn milling,
manufacturing of animal feed, paper
or paperboard mill, ethanol plant)
Mining and Extraction Uses R N R N R N R N P P
Salvage Operations
(e.g. collect, store, and dismantle
R N P R* P R R N P P
damaged or discarded vehicles,
machinery, appliances, building material)
Self-Service Storage Uses
R N P R P P R R P P
(e.g. mini-warehouse, storage facility)
Table 6 Industrial/Manufacturing Activities (Continued)
Southern Wisconsin Regional Airport
Land Use Airport Zone Chart
E = Existing Land Use (Development or land use currently on the ground)
F = Future Land Use
(Proposed future development or land use)
PPR RNN
= ermitted** = Permit equired = ot Permitted
*Permit Required use in a location sensitive to the intent of this Ordinance, requiring the Committee
Designee’s detailed attention and caution when considering conditions for a Zoning Building/Site Permit
**Pendingheight restriction compliance
Zone Zone Zone Zone Zone
Land Uses
AB1B2CD
Industrial/Manufacturing Activities (Continued)
E F E F E F E F E F
Warehouse and Freight Uses
(e.g. major wholesale distribution
R N P R P P R R P P
center, general freight storage, railroad
switching yard, bus or rail car storage
lot, parcel service, grain terminal)
Waste-Related Uses
(e.g. recycling center, sanitary landfill,
waste transfer station, composting,
R N P N P N R N P R*
energy recovery plant, sanitary or
water treatment facility, sanitary
collection or pumping facility,
hazardous waste collection site)
Wholesale Sales Uses
(e.g. sale, lease, or rental of products
R N P R P P R R P P
to retailers for industrial, institutional,
or commercial business users)
Table 7 Institutional Activities
Southern Wisconsin Regional Airport
Land Use Airport Zone Chart
E = Existing Land Use (Development or land use currently on the ground)
F = Future Land Use
(Proposed future development or land use)
PPR RNN
= ermitted** = Permit equired = ot Permitted
*Permit Required use in a location sensitive to the intent of this Ordinance, requiring the Committee
Designee’s detailed attention and caution when considering conditions for a Zoning Building/Site Permit
**Pendingheight restriction compliance
Zone Zone Zone Zone Zone
Land Uses
AB1B2CD
Institutional Activities
E F E F E F E F E F
College and Universities
R N R N P R* R N P R
(e.g. public or private college or
university, technical college, seminary)
Community Service Uses
(e.g. public, nonprofit, or charitable nature providing a local service to the people)
General Community Service
(e.g. library, museum, transit center,
R N R N P R* R R* P R
senior/community/neighborhood
center, police/fire/EMS station,
park and ride facility)
Community Service-Shelter
R N R R* P R R R P R
(e.g. transient housing)
Daycare Uses
(e.g. childcare center, adult daycare, preschool, after school program)
Residential Daycare Uses
R N R R* P R R N P P
(e.g. in-home adult/child daycare facility)
Institutional Daycare Uses
R N R N P R* R N P R
(e.g. childcare center, preschool,
after school program, adult daycare)
Detention Facilities
R N R N P R* R N P R
(e.g. prison, jail, probation center,
halfway house, juvenile detention home)
Educational Facilities
General Educational Facilities
(e.g. public and private elementary,
R N R N P R* R N P R
middle, junior, and senior high school
including religious, boarding, military)
Specialized Education Facilities
(e.g. specialized trade, business, or
R N R N P R* R R* P R
commercial courses, non-degree
granting school)
Hospitals
R N R N P R* R N P R
(e.g. hospital and medical center)
Religious Assembly Uses
R N R N P R* R N P R
(e.g. church, temple, mosque, Masonic,
synagogue, eagles/moose/elk lodge)
Table 8 Infrastructure Activities
Southern Wisconsin Regional Airport
Land Use Airport Zone Chart
E = Existing Land Use (Development or land use currently on the ground)
F = Future Land Use
(Proposed future development or land use)
PPR RNN
= ermitted** = Permit equired = ot Permitted
*Permit Required use in a location sensitive to the intent of this Ordinance, requiring the Committee Designee’s
detailed attention and caution when considering conditions for a Zoning Building/Site Permit
**Pendingheight restriction compliance
Zone Zone Zone Zone Zone
Land Uses
AB1B2CD
Infrastructure Activities
E F E F E F E F E F
Basic Utility Uses
R N R R R R R R* P R
(e.g. utility or electrical substation)
Communication Transmission Facility Uses
R N R N R R* R N P R
(e.g. broadcast, wireless, point to point,
or emergency tower and antennae)
Parking Uses
R R P P P P P P P P
(e.g. ground lot, parking structure)
Transportation Uses
R R P P P P P P P P
(e.g. local or county road, highway, interstate)
Utility Uses
R N R N R R* R N P R*
(e.g. wind generator, wind farm,
solar power generation equipment)
R N R N R R* R N P R
Water Tower
Table 9 Agriculture and Open Space Activities
Southern Wisconsin Regional Airport
Land Use Airport Zone Chart
E = Existing Land Use (Development or land use currently on the ground)
F = Future Land Use
(Proposed future development or land use)
PPR RNN
= ermitted** = Permit equired = ot Permitted
*Permit Required use in a location sensitive to the intent of this Ordinance, requiring the Committee
Designee’s detailed attention and caution when considering conditions for a Zoning Building/Site Permit
**Pendingheight restriction compliance
Zone Zone Zone Zone Zone
Land Uses
AB1B2CD
Agriculture and Open Space Activities
E F E F E F E F E F
Agricultural Uses
(e.g. commercial cultivation of plants, livestock production)
Animal-related
R R P P P P P P P P
(e.g. livestock , dairy , horse farm)
Facility-related
(e.g. fuel bulk storage or pumping facility,
R N R N P R* R N P R
grain elevator, or livestock, seed, grain
sales)
Plant-related
R R P P P P P P P P
(e.g. crop farming, vegetable, fruit, tree,
wholesale plant nursery)
Resident-related
R N P R* P R R N P P
(e.g. single-family home or mobile home
if converted to real property and taxed)
Water Bodies
Man-made resources
(e.g. mining or extraction pond, stand
R N P R* P R R N P R
alone retention or detention pond, or
wetland mitigation site)
Wildlife Preservation Areas
R N R N P R* R N P P
(e.g. petting zoo, wildlife rehabilitation
center, zoo)
Table 10 Parks and Recreation Activities
Southern Wisconsin Regional Airport
Land Use Airport Zone Chart
E = Existing Land Use (Development or land use currently on the ground)
F = Future Land Use
(Proposed future development or land use)
PPR RNN
= ermitted** = Permit equired = ot Permitted
*Permit Required use in a location sensitive to the intent of this Ordinance, requiring the Committee
Designee’s detailed attention and caution when considering conditions for a Zoning Building/Site Permit
**Pendingheight restriction compliance
Zone Zone Zone Zone Zone
Land Uses
AB1B2CD
Parks and Recreation Activities
E F E F E F E F E F
Commercial Recreational Uses
(e.g. facilities used for physical exercise, recreation, or culture)
Golf
R N R R* P R* R N P P
(e.g. 9+ hole course, golf driving range,
outdoor miniature golf)
Indoor
(e.g. physical fitness center, health club,
R N R R* P R R N P P
bowling alley, skating rink, billiard hall,
arcade, indoor theater)
Outdoor
(e.g. campground, tennis/swimming
R N R R* P R R N P P
facility, drive-in theater, skating rink,
pavilion, amphitheater)
Parks
R N P R P R R N P P
(e.g. aquatic, mini, private, sports,
neighborhood, school, community)
Utility Uses
R N R N P R* R N P P
(e.g. amusement or theme park,
fairground, racetrack, sports arena)
18.80.250 DEFINITIONS
GENERALLY:
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For the purpose of these regulations, certain numbers, abbreviations, terms, and words
used herein shall be used, interpreted, and defined as set forth in this Chapter.
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Unless the context clearly indicates to the contrary, words used in the present tense
include the future tense; words used in the plural number include the singular; the word
“herein” means “in these regulation,” the word “regulations” means “these regulations.”
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A “person” includes a corporation, a partnership, and an incorporated association of
persons such as a club; “shall” is always mandatory; a “building” includes a “structure”; a
“building” or “structure” includes any part thereof; “used” or “occupied” as applied to any
land or building shall be construed to include the words “intended, arranged, or designed
to be used or occupied.”
TERM. (Source of Definition) Definition
ACCESSORY STRUCTURE OR USE. A detached subordinate structure or a use which is
clearly incidental to and customarily found in connection with the principal structure or use to
which it is related, and which is located on the same lot as that of the principal structure or use.
AIR TRAFFIC. (FAA FAR Sec. 1.1) Aircraft operating in the air or on an airport surface,
exclusive of loading ramps and parking areas.
AIRPORT. (FAA FAR Sec. 152.3) The Southern Wisconsin Regional Airport owned by Rock
County. Any area of land or water that is used or intended to be used for the landing and
takeoff of aircraft. Any appurtenant areas that are used or intended for use for airport buildings,
other airport facilities, or rights-of-way; and all airport buildings and facilities located on the
areas specified in this definition.
AIRPORT ELEVATION. (FAA AC 150/5190-4A) The highest point on the usable landing area
of an airport that is measured in feet from mean sea level (MSL).
AIRPORT ENVIRONS. The land use and people in the areas surrounding an airport which can
be directly affected by the operation of the airport.
AIRPORT HAZARD. (FAA FAR Sec. 152.3) Any structure or object of natural growth located on
or in the vicinity of a public airport, or any use of land near a public airport that obstructs the
airspace required or is otherwise hazardous for the flight of aircraft landing or taking off at the
airport.
AIRPORT LAYOUT PLAN (ALP). (FAA FAR Sec. 152.3) The plan of an airport that shows the
layout of existing and proposed airport facilities.
AIRPORT MASTER PLAN. The Southern Wisconsin Regional Airport Master Plan Report,
2009, as updated.
AIRPORT OVERLAY ZONES. A zone intended to place additional land use conditions on land
impacted by the airport while retaining the existing underlying zone. The FAR Part 77 Surfaces
and runway protection zones (RPZs) have been combined to create five airport overlay zones.
The five specific zones create a comprehensive area focused on maintaining compatible land
use around airports.
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Zone A
- is intended to provide a clear area that is free of above ground obstructions
and structures. This zone is closest to the individual runway ends.
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Zone B1 & B2
- reflects the approach and departure areas for each runway at an
airport. The size of Zone B is predicated upon the type of approach (visual, non-
precision, or precision) that a specific runway has and the type/size of aircraft that utilize
the runway.
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Zone C
- includes those areas that are parallel to the runway pavement and extend
1,050’ from the edge of the primary surface.
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Zone D
- encompasses the horizontal surface (innermost area) and the conical surface
(outermost area), which make up the three (3)-mile jurisdictional boundary delineated at
the Southern Wisconsin Regional Airport.
AIRPORT REFERENCE CODE (ARC). (FAA Web site www.faa.gov) The ARC is an FAA
coding system used to relate airport design criteria to the operational and physical
characteristics of the airplanes intended to operate at the airport.
AIRPORT REFERENCE POINT (ARP). (FAA AC 150/5300-13) The latitude and longitude of
the approximate center of the airport.
AIRPORT ZONING PERMIT. A Zoning/Building Site Permit that allows new development or
alteration or expansion of a Permit Required Use.
AIRSIDE. (FAA Web site www.faa.gov) The portion of an airport facility that includes aircraft
movements, airline operations, and areas that directly serves the aircraft, such as taxiway,
runway, maintenance, and fueling areas.
AIRSPACE. (FAA Web site www.faa.gov) The space lying above the earth or above a certain
area of land or water that is necessary to conduct aviation operations.
ALTERATION. Any construction which would result in a change in height or lateral dimensions
of an existing structure or object.
APPLICANT. The owner of the land or his/her representative.
APPROACH SLOPES. (FAR Part 77) The ratios of horizontal to vertical distance that indicate
the degree of inclination of the approach surface. The various ratios include:
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20:1
- for all utility and visual runways extended from the primary surface a distance of
five thousand (5,000) feet.
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34:1 -
for all non-precision instrument runways extended from the primary surface for a
distance of ten thousand (10,000) feet.
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50:1/40:1
- for all precision instrument runways extended from the primary surface for a
distance of 10,000 feet at an approach slope of fifty to one (50:1) and an additional forty
thousand (40,000) feet beyond this at a forty to one (40:1) approach slope.
APPROACH SURFACE. (FAA AC 150/5190-4A) A surface that is longitudinally centered on the
extended runway centerline and extends outward and upward from the end of the primary
surface at the same slope as the approach zone height limitation slope set forth in this
Ordinance. In plan view, the perimeters of the approach surface and approach zone coincide.
AVIGATION EASEMENT. (FAA Web site www.faa.gov) A grant of a property interest in land
over which a right of unobstructed flight in the airspace is established.
BUILDING. Any structure used, designed, or intended for the protection, shelter, enclosure, or
support of persons, animals, or property.
BUILDING CODES. (The Practice of Local Government Planning) Codes, either local or state,
that control the functional and structural aspects of buildings and/or structures. Local ordinances
typically require proposed buildings to comply with zoning requirements before building permits
can be issued under the building codes.
BUILDING HEIGHT. The vertical distance from the top of the building roof to the top of the
basement or to the foundation, whichever is less.
COMMERCIAL USES. Land uses or activities that involve the production, processing,
manufacturing, or sale of goods or services for financial gain, including uses that provide
merchandise to the general public. Accessory uses may include offices, storage, food service,
or other amenities primarily for the use of employees and parking.
COMPATIBILITY. The degree to which land uses or types of development can coexist or
integrate.
CONSTRUCTION. The erection or alteration of any structure or object of either a permanent or
temporary nature.
DENSITY. The number of living units per acre.
DEVELOPMENT. Any man-made change to improved or unimproved real estate, including but
not limited to the construction of buildings, structures, or accessory structures; the construction
of additions or substantial improvements to buildings, structures, or accessory structures; the
placement of manufactured homes (mobile homes); mining, dredging, filling, grading, paving,
excavation, or drilling operations; and the deposition or extraction of materials.
EASEMENT. Authorization by a property owner for the use by another and for specified purpose
of any designed part of his/her property.
EXISTING USE. Any use of land lawfully in existence at the time of the effective date of this
Ordinance or amendment thereto becomes effective.
FEDERAL AVIATION ADMINISTRATION (FAA). (FAA Web site www.faa.gov) A federal
agency charged to regulate air commerce in order to promote its safety and development;
encourage and develop civil aviation, air traffic control, air navigation; and promote the
development of a national system of airports.
FEDERAL AVIATION REGULATIONS (FAR). (FAA FAR) Regulations established and
administered by the FAA that govern civil aviation and aviation-related activities.
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FAR Part 36.
(FAA FAR Sec. 36.1) Establishes noise standards for the civil aviation
fleet.
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FAR Part 91.
(FAA FAR Sec. 91.1) Pertains to air traffic and general operating rules,
including operating noise limits.
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FAR Part 150.
(FAA FAR Sec. 150.1) Pertains to airport noise compatibility planning.
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FAR Part 161.
(FAA FAR Sec. 161.1) Pertains to notice and approval of airport noise
and access restrictions.
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FAR Part 77.
(FAA FAR Sec. 77.1) Objects Affecting Navigable Airspace - Part 77 (a)
establishes standards to determine obstructions in navigable airspace; (b) defines the
requirements for notice to the FAA Administrator of certain proposed construction or
alteration; (c) provides for aeronautical studies of obstructions to air navigation to
determine their effect on the safe and efficient use of airspace; (d) provides for public
hearings on the hazardous effect of proposed construction or alteration on air navigation;
and (e) provides for establishing antenna farm areas.
GENERAL AVIATION AIRPORT. Any airport that is not an air carrier airport or a military facility.
GROWTH. Any object of natural growth that includes trees, shrubs, or foliage. Excludes farm
crops, which are cut at least once a year.
HEIGHT. Height is utilized for the purpose of determining the height limits in all zones set forth
in this Ordinance and shown on the Southern Wisconsin Regional Airport Height Zoning Map;
height shall be the highest point of a structure, tree, or other object of natural growth and
measured from the mean sea level elevation, unless specified otherwise.
INDUSTRIAL, WHOLESALE TRADE, AND STORAGE USES. A use category that includes:
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Industrial development or uses involved in the research, design, manufacturing,
processing, fabrication, packaging, or assembly of goods. Natural, man-made, raw,
secondary, or partially completed materials may be used. Products may be finished or
semi-finished and are generally made for the wholesale market, for transfer to other
plants, or to order for firms or customers. Goods are generally not displayed or sold on
site, but if so, they are a subordinate part of sales (typically 10% or less of the total gross
floor area). Relatively few customers come to the site.
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Industrial, manufacturing, wholesale trade, and warehouse/storage uses and includes
those that produce goods from raw or finished materials, distribute goods in large
quantities to primarily wholesale customers, or provide for storage or warehousing of
goods, either in enclosed buildings or outdoors. Few customers, especially the general
public, come to the site. Accessory activities may include sales, offices, parking, and
storage.
IMAGINARY SURFACES. (FAA FAR Part 77.25) Those areas established in relation to the
airport and to each runway consistent with FAR Part 77, in which any object extending above
these imaginary surfaces, by definition, is an obstruction.
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Approach surface
- longitudinally centered on the extended runway centerline and
extends outward and upward from the end of the runway primary surface. The approach
slope of a runway is a ratio of 20:1, 34:1, or 50:1, depending on the approach type. The
length of the approach surface depends on the approach type and varies from five
thousand (5,000) to fifty thousand (50,000) feet.
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Conical surface
- extends upward and outward from the periphery of the horizontal
surface at a slope of twenty feet horizontally for every one foot vertically (20:1) for a
horizontal distance of four thousand (4,000) feet.
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Horizontal surface -
horizontal plane located one hundred fifty (150) feet above the
established airport elevation and encompasses an area from the transitional surface to
the conical surface. The perimeter is constructed by generating arcs from the center of
each end of the primary surface and connecting the adjacent arcs by lines tangent to
those arcs.
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Transitional surface -
extends outward and upward at right angles to the runway
centerline and at a slope of seven feet horizontally for each one foot vertically (7:1) from
the sides of the primary and approach surfaces. The transitional surfaces extend to the
point at which they intercept the horizontal surface at a height of one hundred fifty (150)
feet above the established airport elevation.
INCOMPATIBLE LAND USE. (FAA FAR Sec. 150.7) Land use that is typically unable to coexist
with aircraft and airport operations.
INSTRUMENT APPROACH PROCEDURE. (FAA Pilot/Controller Glossary) A series of
predetermined maneuvers for the orderly transfer of an aircraft under instrument flight
conditions from the beginning of the initial approach to a landing or to a point from which a
landing may be made visually. It is prescribed and approved for a specific airport by competent
authority.
INSTRUMENT LANDING SYSTEM (ILS). (FAA Pilot/Controller Glossary) A precision
instrument approach system which normally consists of the following electronic components and
visuals aids: localizer, glideslope, outer marker, middle marker, and approach lights.
ITINERANT OPERATION. (FAA AC 150/5325-4B) Aircraft takeoff or landing operations that
occur from one airport to another and involves a trip of at least twenty (20) miles. Local
operations are excluded.
LAND USE. Any nonstructural use made of unimproved or improved real estate. (Also see
DEVELOPMENT.)
LAND USE COMPATIBILITY. (FAA Web site www.faa.gov) Land uses that can coexist with an
airport and airport related activities.
LIGHTING AND MARKING OF HAZARDS TO AIR NAVIGATION. Installation of appropriate
lighting fixtures, painted markings, or other devices to objects or structures that constitute
hazards to air navigation.
LOT. A parcel of land described in a recorded plat or deed.
MITIGATION. (FAA Web site www.faa.gov) The avoidance, minimization, reduction,
elimination, or compensation for adverse effects of a proposed action.
NAVIGATION AIDS (NAVAID). (FAA Web site www.faa.gov) Any facility used by an aircraft for
guiding or controlling flight in the air or the landing or take-off of an aircraft.
NAVIGABLE AIRSPACE. The airspace above minimum altitude for safe flight that includes the
airspace needed to ensure safety in landing or take-off of aircraft.
NOISE EXPOSURE CONTOURS. (FAA Web site www.faa.gov) Lines drawn around a noise
source that indicates a constant energy level of noise exposure. Day-night sound level (DNL) is
the measurement used to describe community exposure to noise.
NOISE IMPACT. A condition that exists when the noise levels that occur in an area exceed a
level identified as appropriate for the activities in that area.
NOISE SENSITIVE AREA. (FAA AC 91-36D) Defined as an area where noise interferes with
normal activities associated with the use of the area.
OBJECT. (FAA AC 150/5300-13) Includes, but is not limited to, above ground structures,
NAVAIDSs, people, equipment, vehicles, natural growth, terrain, and parked aircraft.
OBSTACLE FREE ZONE (OFZ). (FAA 150/5300-13) The three dimensional area of airspace
that provides clearance protection for aircraft during landing or take-off operations and for
missed approaches. The area encompasses one hundred fifty (150) feet above the established
airport elevation and along the runway and extended runway centerline. The OFZ is required to
be clear of all objects, except for the frangible visual NAVAIDs, the location of which is fixed by
function.
OBSTRUCTION. (FAA AC 150/5190-4A) Any structure, growth, or other object, including a
mobile object, which exceeds a limiting height that is specific to its geographic location relative
to the runway/airport.
OFF-AIRPORT PROPERTY. (FAA Web site www.faa.gov) Property that is beyond the
boundary of land owned by the airport sponsor (Rock County).
ON-AIRPORT PROPERTY. (FAA Web site www.faa.gov) Property that is within the boundary
of land owned by the airport sponsor (Rock County).
ORDINANCE. Any legislative action, however nominated, of a local government which has the
force of law, including any amendment or repeal of any ordinance.
OVERLAY ZONE. (FAA Web site www.faa.gov) A mapped zone that imposes a set of
requirements, in addition to those of the underlying zoning district.
OWNER. Any person, group of persons, firm or firms, corporation or corporations, or any other
legal entity having legal title to or sufficient proprietary interest in the land.
PERMIT REQUIRED USE. Are those land uses that shall be permissible following the issuance
of a City of Janesville Zoning/Building Site Permit. The Permit, which may include development
and use related conditions, along with a signed Affidavit (Applicant’s Recorded Affidavit
Accepting Mitigation Responsibilities), notifies applicants of their responsibilities and required
mitigation for any construction, alteration, location or use of land to minimize potential
hazardous impacts to the Southern Wisconsin Regional Airport, aircraft, airport operational
areas, and aircraft overflight areas, as well as residents.
PERMITTED USE. Are those land uses generally considered compatible within a particular
zone of the AOZD. Compatible land uses do NOT impact or create hazardous conditions for
aircraft, airport operational areas, or aircraft overflight areas, and are considered reasonably
safe for County residents.
PRIMARY SURFACE. (FAA AC 150/5190-4A) A surface longitudinally centered on a runway.
When the runway has a specially prepared hard surface, the primary surface extends two
hundred (200) feet beyond each end of that runway; for military runways or when the runway
has no specially prepared hard surface, or planned hard surface, the primary surface ends at
each end of that runway. The width of the primary surface is set forth in FAR Part 77. The
elevation of any point on the primary surface is the same as the elevation of the nearest point
on the runway centerline.
PRIMARY RUNWAY. (FAA AC 150/5325-4B General Definition) The runway used for the
majority of airport operations. Large, high-activity airports may operate two or more parallel
primary runways.
PRINCIPAL USE. The use of primary importance or permitted use on a parcel of land, in
contrast to those which are accessory or of secondary importance.
PUBLIC ASSEMBLY USE. A structure or outdoor facility where concentrations of people gather
for purposes such as deliberation, education, shopping, business, entertainment, amusement,
sporting events, or similar activities, but excluding air shows. Public assembly use does not
include places where people congregate for relatively short periods of time, such as parking lots
and bus stops, or uses approved by the FAA in an adopted airport master plan.
PUBLIC USE AIRPORT. (FAA AC 150/5190-6) A public- or private-owned airport that is open
for public use.
RESIDENTIAL AND ACCOMMODATION USES. A use category that includes the following:
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Residential
- provide living accommodations, including sleeping, eating, cooking, and
sanitary facilities, to one or more persons. Tenancy typically last longer than thirty (30)
days.
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Accommodation
- characterized by visitor-serving facilities that provide temporary
lodging in guest rooms or guest units, for compensation. The average length of stay of
less than thirty (30) days. Accessory uses may include pools and other recreational
facilities for the exclusive use of guests, limited storage, restaurants, bars, meeting
facilities, and offices.
RUNWAY. A portion of the airport having a surface specifically developed and maintained for
the landing and taking off of airplanes.
RUNWAY PROTECTION ZONE (RPZ). (FAA AC 150/5300-13) An area off the runway end
designed to enhance the protection of people and property on the ground.
RUNWAY SAFETY AREA. (FAA AC 150/5300-13) A defined surface surrounding the runway
that is prepared or suitable to reduce the risk of damage to airplanes in the event of an
overshoot or excursion from the runway.
STRUCTURE. Any man-made object with form, shape, and utility that is permanently or
temporarily attached to, placed upon, or set into the ground, stream bed, or lake bed. Examples
include, but are not limited to, roofed and walled buildings, gas or liquid storage tanks, or
television dishes.
STRUCTURAL ALTERATION. Any change in the supporting members of a structure, such as
foundations, bearing walls, columns, beams, or girders, or any substantial change in the roof
structure or in the exterior or interior walls.
SUBSTANTIAL IMPROVEMENT. Any structural repair, reconstruction, or improvement of a
structure, the cost of which equals or exceeds fifty (50) percent of the present equalized
assessed value of the structure either before the improvement or repair is started, or if the
structure has been damaged, and is being restored, before the damage occurred. The term
does not include any project for improvement of a structure to comply with existing state or local
health, sanitary, or safety code specifications which are solely necessary to assure safe living
conditions, or any alteration of a structure or site documented as deserving preservation by the
Wisconsin State Historical Society or listed on the National Register of Historic Places.
Ordinary maintenance repairs are not considered structural repairs, modifications or additions.
Such ordinary maintenance repairs include internal and external painting, decorating, paneling,
and the replacement of doors, windows, and other nonstructural components. (For purposes of
this definition, "substantial improvement" is considered to occur when the first alteration of any
wall, ceiling, floor, or other structural part of the building commences, whether or not that
alteration affects the external dimensions of the structure.)
TREE. Any object of natural growth that shall not exceed the Zoning Height Restrictions.
USE. That which is customarily or habitually done, may include seasonal uses, and need not
extend to the entire tract of land at the time of the adoption of this Chapter. (See also LAND
USE)
UTILITY RUNWAY. A runway constructed for and intended to be used by propeller driven
aircraft of twelve thousand five hundred (12,500) pounds gross weight or less.
VARIANCE. Authority granted to the owner to use his/her property in a manner that is
prohibited by the Zoning Code. A departure from the terms of the zoning ordinance where it is
shown that unique physical circumstances that are applied to a land parcel can, has, or will
cause a hardship to the owner, and that the condition permitted by the departure will be in
fundamental harmony with surrounding uses.
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Area Variance
- one which does not involve a use that is prohibited by the Zoning Code.
Area variances involve matters such as setback lines, frontage requirements, lot-size
restrictions, density, density regulations, and yard requirements. Height limitation
variances shall not be granted under this Ordinance.
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Use Variance
- one which permits a use of land other than what is prescribed by the
Zoning Code. It is primarily a grant to erect, alter, or use a structure for a permitted use
in a manner other than that prescribed by this Chapter. Use variances shall not be
granted under this Ordinance.
WETLAND. Those areas where water is at, near, or above the land surface long enough to
support aquatic or hydroponic vegetation and which have soils indicative of wet conditions.
WILDLIFE ATTRACTANTS. Any man-made structure, land use practice, or man-made or
natural geographic feature that can attract or sustain hazardous wildlife within the landing or
departure airspace or the air operations area of an airport. Attractants include, but are not
limited to, architectural features, landscaping, waste disposal sites, wastewater treatment
facilities, agricultural or aquaculture activities, surface mining, or wetlands.
WILDLIFE HAZARDS. Feral or domesticated animals that are associated with aircraft strikes,
are capable of causing structural damage to airport facilities, or act as attractants to other
wildlife that pose a strike hazard.
ADOPTED:
Motion by:
Second by:
APPROVED:
Councilmember Aye Nay Pass Absent
Brunner
McDonald
Eric J. Levitt, City Manager
Perrotto
Rashkin
ATTEST:
Steeber
Truman
Voskuil
Jean Ann Wulf, City Clerk-Treasurer
APPROVED AS TO FORM:
City Attorney, Wald Klimczyk
Proposed by: Community Development Department
Prepared by: Community Development Department
Shared/2009-444 Airport Overlay District Ordinance Wald 101609.doc