Airport Overlay District (AIR) - City of Kenosha, Wisconsin

ZONING ORDINANCE FOR THE CITY OF KENOSHA, WISCONSINSECTION 13.0AIRPORT OVERLAY DISTRICT (AIR)13.01 PURPOSEThe intent and purpose of the Airport OverlayDistrict is to impose land use controls which are inaddition to those in the Underlying Zoning Districtclassification that will protect Airport operations andensure a compatible relationship between Airportoperations and other land uses in the vicinity of theseAirport operations.13.02 STATUTORY AUTHORIZATIONThis Ordinance is adopted pursuant to Sections62.23 and 114.136, Wisconsin Statutes.13.03 JURISDICTIONThe jurisdiction of this Ordinance shall extendover all lands and waters within the boundaries setforth herein, but not to exceed three (3) miles of theboundaries of the Kenosha Regional Airport.13.04 DEFINITIONSWords used in the present tense include thefuture, words in the singular number include the pluralnumber, and words in the plural number include thesingular number. The word "shall" is mandatory, notpermissive. All distances, except for height limitations,shall be measured horizontally.Airport: Kenosha Regional Airport (See Section2.05 D.1. of the Zoning Ordinance).Airport Layout Plan: The Kenosha RegionalAirport Layout Plan, a scaled drawing of existing andproposed land and facilities necessary for theoperation and development of Airport.Approach Zone: The area of aircraft approachto Airport as defined in F.A.A. Advisory Circular150/5300-13, Airport Design.Avigation: The handling and guidance of aircraftin the air or on the Airport.Avigation Easement: An easement drafted bythe City Attorney and approved by the AirportCommission from the property owner to and for thebenefit and protection of the City and Airport,addressing issues such as noise and height ofobjects of natural growth, which is recorded with theRegister of Deeds for Kenosha County.Building: Building or structure (anything built orconstructed).City Planner: The City Planner or designeethereof.Construction: The erection of or addition toany building or structure of either a permanent ortemporary nature.DNL: Yearly day-night average sound level.Height: The top of a building or structure,including any appurtenance installed thereon, or thetop of any object of natural growth.Person: Any individual, firm, partnership,corporation, company, association, or body politic andany trustee, receiver, assignee or other similarrepresentative thereof.Place of Assembly: All buildings or parts ofbuildings, where people gather for theater, recreation,entertainment, worship, educational, or diningpurposes, as a principal use.Runway: A portion of Airport having a surfaceconstructed and maintained for the taking off andlanding of aircraft.Underlying Zone: The zoning districtclassification within an overlay district determiningpermitted, conditional and prohibited land uses.13.05 AIRPORT OVERLAY DISTRICTS,PERMITTED USES, AND DEVELOPMENTSTANDARDSThe Airport Overlay Districts, permitted uses anddevelopment standards are:A. Airport Operations Overlay District(AIR-O). This District shall include all Airportproperty which is owned by the City of Kenosha.1. Permitted Uses. All uses permitted inChapter 18 of the Code of General Ordinances andair navigation facilities.2. Development Standards. All commercialuses shall meet the Minimum Standards,Requirements and Qualifications for CommercialService Operators under Chapter 25 of the Code ofGeneral Ordinances.B. Airport Overlay District Runway Protection(AIR-1). This District shall include all property in theRunway Protection Zone, subject to crash hazard,within the boundaries of the District set forth herein.No buildings or structures are permitted within thiszone and the height of natural growth is regulated.Permitted Uses.a. Agriculture; crops only.b. Air navigation facilities.C. Airport Overlay District Noise Cone (AIR-2). This District shall include all property in the NoiseZone, subject to crash hazard and having a noiseexposure of 65 DNL or greater due to the operationof aircraft, within the boundaries of the District setforth herein. New residential uses and usesproviding overnight lodging or sleeping13.0 - 1

ZONING ORDINANCE FOR THE CITY OF KENOSHA, WISCONSINindirect (reflective) which would interfere with theoperation of aircraft;3. Produce electrical, magnetic or otheremissions which would interfere with the operation ofaircraft, aircraft communication or aircraft guidancesystems; or,4. Attract birds, waterfowl, or wildlife, in amanner that creates a hazard to avigation.5. Create a hazard to avigation in any othermanner.B. Flammable And/Or Combustible Material.The following requirements shall apply to all AirportOverlay Districts. All technical terms shall beinterpreted as defined in the Wisconsin State Statutesand Wisconsin Administrative Code.1. The manufacture of flammable and/orcombustible liquid and solid materials is prohibited.2. The handling and storage of flammableand/or combustible liquid and solid materials andmaterials which produce flammable or combustiblevapors or gases shall be in accordance with Statelaws, rules and regulations and lawful administrativeorders.13.08 PROHIBITIONSA. No person shall develop or maintain land orconstruct any building or structure, or improve land inany Airport Overlay District(s) shown on Appendix13.06-1, in which situated, contrary to therequirements of this Section 13.B. No building, structure or object of naturalgrowth shall exceed the height limitation of theUnderlying Zoning District, or be in excess of theheight limitation indicated on the Kenosha RegionalAirport Zoning and Height Limitation Map dated May25, 1988, shown on Appendix 13.06-2. In the eventof a conflict, the more stringent requirement shallapply.C. No Building, Land Use or Zoning Permits orapprovals shall be issued by the City, County, or anyVillage or Town, which will permit any development orland use, contrary to this Section 13.13.09 NONCONFORMING USESA. The lawful use of land, buildings andstructures existing at the time of the adoption oramendment of any Ordinance under the authority ofthis Section 13 and the Zoning Ordinance may becontinued, although such use does not conform withthe provisions of this Section 13. The expansion orenlargement of a nonconforming use, wherepermitted, shall be in conformity with this Section 13and the Zoning Ordinance. The Common Council ofthe City of Kenosha may remove such nonconforminguse or acquire the necessary air right over the sameby purchase or exercise of the right of eminentdomain in the manner provided by Chapter 32 of theWisconsin State Statutes.B. Exception. A single family residence inAIR-2 located in an underlying agricultural or singlefamily Zoning District within the City or County, whichwas in existence, under construction, or under aconstruction permit on October 7, 1994, may continuein residential use. However, a residential buildingwhich is damaged to the extent that itsnonconforming status is lost, may be rebuilt upon theowner first paying the fee for preparation of anAvigation Easement established by the CommonCouncil, from time to time, by Resolution, andexecuting and recording an Avigation Easement,subject to the following conditions:1. The use of the nonconforming property mustbe in compliance with the regulations of theunderlying Zoning District.2. A nonconforming residential building which isdamaged to any extent or destroyed, may berepaired or replaced with a building of equal or lesssquare footage subject to compliance with the heightlimitations of this Section 13 and constructiontechniques being used which would decrease thenoise associated with the Airport operation, to includeadditional insulation and air conditioning as requiredand approved in the Building Permit.3. Nothing contained in this exception shallpermit the construction of any additional residentialbuildings in AIR-2 on a nonconforming lot,irrespective of whether or not there has been a landdivision since October 7, 1994.4. A nonconforming residential building mayonly be rebuilt under this Section 13 upon thecondition that the property owner obtain a BuildingPermit within three hundred sixty-five (365) days ofthe residential building being damaged or destroyed.5. A nonconforming residential building may notbe expanded as to square footage, except uponobtaining an exception from this Ordinance from theZoning Board of Appeals.The Director of the Department of CityDevelopment, or designee thereof, is authorized toaccept, execute and record such document on behalfof the City.13.10 SITE PLAN REVIEW REQUIREDA. Requirement and Purpose. A Site PlanReview is required to ensure that proposeddevelopment within designated Airport Overlay13.0 - 3

ZONING ORDINANCE FOR THE CITY OF KENOSHA, WISCONSINDistricts complies with the requirements of anyapplicable Airport Overlay District.B. Applicability. The Site Plan Reviewprocedure of this Section 13.09 shall apply to allnonresidential uses which are located within AirportOverlay Districts AIR-2, AIR-3 and AIR-4.C. Building, Land Use And Zoning PermitsAnd Approvals. No Building, Land Use, or ZoningPermits or approvals shall be issued by the City,County or any village or town, for a building locatedwithin Airport Overlay Districts AIR-2, AIR-3 and AIR-4 until a Site Plan has been submitted to andapproved by the City Planner as being in compliancewith this Section 13.D. Site Plan.1. A Site Plan shall be submitted to the CityPlanner for approval by the City Plan Division prior tothe issuance of Building, Land Use, or Zoning Permitsor approvals in Airport Overlay Districts AIR-2, AIR-3and AIR-4. All building plans shall be in compliancewith an approved Site Plan. The applicant shallsubmit nine (9) blue or black-line copies and onereproducible 8-1/2 x 11 inch reduced copy of the SitePlan accompanied by the plan review fee establishedtherefor by the Common Council, from time to time,by Resolution. The plan review fee shall be inaddition to any other fees required by any Ordinance.The plan review fee will be collected for any reviewsthat are done outside of the City of Kenosha. AirportReview fees within the City of Kenosha are includedwith the Conditional Use Permit/Site Plan Review fee.2. Pre-Application Conference. Prior to theofficial submission of the Site Plan Reviewapplication, the owner or owner’s agent filing theapplication shall meet with the City Plan Division todiscuss the scope and nature of the contemplateddevelopment.E. Review. The City Planner shall, upon receiptof the Site Plan, distribute copies to such otherdepartments and government agencies as the CityPlanner deems necessary. Departments andagencies receiving copies of the Site Plan shall,within fifteen (15) working days of receipt of the SitePlan, submit to the City Planner their writtenrecommendation and comments concerning the plan,if any. The City Planner shall, within twenty-five (25)working days of the filing of the application, eitherapprove or deny the application with dueconsideration to the requirements of this Section 13,and compliance with duly adopted plans and studies.A lack of timely action shall not result in approval.F. Amendments. Any amendment to theapproved Site Plan shall require the resubmission ofthe Site Plan to the City Planner for review andaction in the same manner as the original applicationfor review and approval.G. Site Plan Submission. The followinginformation shall be submitted with the Site Planapplication:1. Site location, size and adjacent land uses.2. Dimensional layout, with location, size andheight of all buildings.3. The location and size of all above and belowground storage containers for flammable and/orcombustible liquids and materials.4. Size and location of all vehicular accesspoints, streets and parking areas.5. Major physical features such as creeks,ponds, detention/retention basins, topography andeasements.6. Diagrams to include the location, dimensions,and angles of any light reflective surfaces proposedin the development design, including detail on anyexterior lighting.7. Proposed drainage plan.8. Additional information as required by the CityPlanner in order to ensure development compliancewith this Section 13.H. Review Standards. Site Plan applicationsshall be reviewed in accordance with this Section 13and the following standards:1. There shall not be a reasonable potential forthe land use interfering with avigation as determinedby Section 13.07 C.2. Flammable and/or combustible liquids andmaterials shall not create a hazard to avigation orAirport use as determined by Section 13.07 D.3. The height of buildings, structures or objectsof natural growth shall be in compliance with theKenosha Regional Airport Zoning and HeightLimitation Map and the requirements of theunderlying Zoning District.4. The land use shall be consistent with thepermitted uses of the Airport Overlay District.5. Noise abatement construction techniquesshall be implemented which provide the requirednoise level reduction of this Section 13.I. Time Limit To Obtain Building Permit. ABuilding Permit shall be obtained by the applicantwithin six (6) months of the date of approval of theSite Plan. The City Planner may, upon writtenrequest from the applicant, grant one extension notto exceed six (6) months if, in the judgment of theCity Planner, additional time is warranted. The SitePlan approval shall expire and be null and void in theevent an applicant has not obtained a Building Permit13.0 - 4

ZONING ORDINANCE FOR THE CITY OF KENOSHA, WISCONSINwithin the specified time.J. Development of Property. The developmentof property shall be in compliance with an approvedSite Plan, this Section 13, the City Zoning Ordinance,where applicable, and other applicable State andlocal laws, rules and regulations.K. Appeals, Variances, And Exceptions.Appeals, variances and exceptions to this Section 13are governed by Section 9, Zoning Ordinance,subject to the fees provided in Section 11 of theZoning Ordinance.1. Variances. Under no circumstances shalla variance be given for a height limitation, a land usenot authorized by this Section 13 or the ZoningOrdinance, or a prohibited land use.2. Exception For Addition To ResidentialBuilding. The City Zoning Board of Appeals mayconsider and grant an exception from this Section 13to permit an addition to an existing residential buildingin AIR-2, but the application shall not be reviewedand acted upon until the Airport Commission hasmade a recommendation on whether the exceptionwill create a hazard to avigation or Airport operation.The standard of review for the application is the bestinterest of the Airport. The exception, if granted, maybe subject to reasonable conditions and limitations.L. Distribution Of The Approved Site Plan.One (1) copy of the approved Site Plan shall besubmitted to the Director of the Department ofNeighborhood Services and Inspections for use inissuing Building Permits. If an approved Site Planaffects property located outside the City of Kenoshacorporate limits, a copy of the approved Site Planshall be forwarded to the Building Inspector of thejurisdiction in which the property subject to the SitePlan is located.13.11 ADMINISTRATION AND ENFORCEMENTThe City Zoning Administrator shall administerand enforce this Section 13 with respect to any parcelof property located within an Airport Overlay District.13.0 - 5

ZONING ORDINANCE FOR THE CITY OF KENOSHA, WISCONSINAPPENDIX 13.06-1€KENOSHA REGIONAL AIRPORT OVERLAY ZONING DISTRICTS13.0 - 6

ZONING ORDINANCE FOR THE CITY OF KENOSHA, WISCONSINAPPENDIX 13.06-2€AIRPORT HEIGHT LIMITATION ZONING MAP13.0 - 7