City of Marshfield
.
Welcome to the City of Marshfield Web Site!

Municipal Code

Search

Municipal Code

Chapter 18. General Zoning Ordinance

Sec. 18-93. Airport Overlay District

(1) Intent. The intent of this overlay district is to regulate and restrict the height of structures and vegetation in the vicinity of the Marshfield Municipal Airport, to promote public safety, welfare and convenience, to increase safety in airport operations, to protect persons and property within the area, and protect the municipal investment in the airport facilities.

(2) Statutory Authority. This ordinance is adopted pursuant to Wisconsin Statutes Section 62.23 and Section 114.136.

(3) Jurisdiction and Applicability. The jurisdiction of this ordinance shall extend over all lands within 3 statute miles of the boundaries of the Marshfield Municipal Airport. The provisions of the ordinance shall also be applicable to neighboring towns located within the jurisdiction described. The extraterritorial provision of the ordinance is granted by Wisconsin Statute Section 114.136.

(4) Map of Overlay District and Zone Boundaries. The overlay district boundaries and all zones established by this Subsection are as shown on the map dated March 17, 2006 and entitled, "Airport Overlay & Height Limitation Zoning Map, Marshfield Municipal Airport, Marshfield, Wisconsin," which is on file in the office of the Zoning Administrator, electronically stored in the City Geographic Information System (GIS) and adopted herein by reference.

(a) Amendment. The boundaries of the District and Zones may be amended as changes occur in the takeoff and approach paths of aircraft, airport operations, runway extensions and/or change in airport property boundaries in conformance with an adopted airport master plan.

(b) Determination of District & Zone Boundaries. Where a parcel of land is divided by zone boundaries, only such portions of that parcel of property actually within the boundary lines of any airport overlay zone shall be included. Airport overlay zones may overlap, in which event the property shall be subject to the more restrictive zone.

(5) Airport Overlay Zones. In order to carry out the provisions of this Section, the following Zones are hereby established and apply to all lands located under the approach surface, flight paths and overflight areas of the Marshfield Municipal Airport.

(a) Airport Operation Zone (AIR-O). This zone shall include all airport property which is owned by the City of Marshfield, and other properties subject to legally established aviation easements.

1. Permitted Uses. All uses permitted in Chapter 18 of the Municipal Code for the underlying zoning district for the airport, and related air navigation facilities.

2. Height Limitations. Subject to applicable State/Federal Regulations.

(b) Runway Approach Zone (AIR-1). This Zone identifies a protected area of aerial approach for Marshfield Municipal Airport Runway 16/34 which includes a 3,300 ft-wide area centered on the extended runway centerline, extending outward and upward from the end of the primary surface at a 50:1 slope ratio until reaching 150' above the airport level.

1. Permitted Uses. All uses permitted in Chapter 18 of the Municipal Code for the underlaying zoning districts.

2. Height Limitations. 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 limits for the zone indicated on the Airport Overlay & Height Limitation Zoning Map.

(c) Runway Approach Zone (AIR-2). This Zone identifies a protected area of aerial approach for Marshfield Municipal Airport Runway 4/22 which includes a 3,300 ft-wide area centered on the extended runway centerline, extending outward and upward from the end of the primary surface at a 30:1 slope ratio until reaching 150 feet above the airport level.

1. Permitted Uses. All uses permitted in Chapter 18 of the Municipal Code for the underlying zoning districts.

2. Height Limitations. 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 limits for the zone indicated on the Airport Overlay & Height Limitation Zoning Map.

(d) Flight Path Zone (AIR-3). This zone is intended for protection of the flight path areas used by aircraft in their transition to the runway approaches. The Zone includes the areas extending outward 90 degree angles to the runway centerlines, extending a distance of one mile measured horizontally from the end of the runway surface.

1. Permitted Uses. All uses permitted in Chapter 18 of the Municipal Code for the underlying zoning districts.

2. Height Limitations. 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 limits for the zone indicated on the Airport Overlay & Height Limitation Zoning Map.

(e) Overflight Zone (AIR-4). This Zone includes the areas outside of the Runway Approach Zones and Flight Path Zone, still within the 3-miles of the airport boundaries.

1. Permitted Uses. All uses permitted in Chapter 18 of the Municipal Code for the underlying zoning districts.

2. Height Limitations. 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 limits for the zone indicated on the Airport Overlay & Height Limitation Zoning Map.

 

(6) Excepted Height Limitations. Nothing in this Section shall be construed as prohibiting the construction or maintenance of any structure, or growth of any tree to a height up to 50 feet above ground level (AGL). If there is a natural elevation rise on the property, an object on that rise could be 50' AGL without violating the provisions of the Height Limitation Zoning Map, even if it penetrates the 30:1 or 50:1 surface.

(7) Administration. The Zoning Administrator or designee shall administer and enforce the regulations prescribed herein. A determination from the Federal Aviation Administration may be required as to the effect of a development proposal on the operation of air navigation facilities and the safe, efficient use of navigable airspace.

(8) Appeal to the Zoning Board of Appeals. Applications for variances to this Section to the Zoning Board of Appeals shall be taken pursuant to Section 18-170, except that the following additional requirements shall apply:

(a) The application for a variance shall be accompanied by a determination from the Federal Aviation Administration and Wisconsin DOT, Bureau of Aeronautics, as to the effect of the proposal on the operation of air navigation facilities and the safe, efficient use of navigable airspace.

(b) No application for a variance may be considered by the Board unless a copy of the application has been furnished to the Airport Manager for a recommendation as to the aeronautical effects of the proposal.

(9) Hazard Marking and Lighting. If needed to carry out the purpose of the ordinance and the general purpose of Chapter 18, any permit or variance granted may include conditions which require the owner of the structure or objects in question to install, operate and maintain, at the owner's expense, such markers and lights as may be necessary to indicate the presence of an airport hazard to fliers.

(10) Nonconforming Structures and Uses. Nonconforming structures and uses in the Airport Overlay District shall be subject to the following:

(a) The regulations prescribed in this section shall not be construed to require the removal, lowering, or other change or alteration, of any nonconforming structure or use, or otherwise interfere with the continuance of any nonconforming structure or use, except as otherwise provided.

(b) 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 from which this section derives and if such is diligently prosecuted.

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

(d) Before any structure made nonconforming by the requirements of this section may be replaced, altered, or rebuilt, a permit shall be applied for and secured in the manner prescribed in 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 from which this section derives, or than it was when the application for permit was made.