The town is hereby divided into zoning districts. Requirements within a zone shall be uniform but shall vary from zone to zone.

(1)

A-1: Agriculture, woodlands, open space, floodways, conservation and nature preserves. No structures other than transportation facilities (roads, bridges, etc.) and necessary flood-control works shall be permitted.

(2)

A-2: Agriculture, woodlands, open space, floodways, conservation and nature preserves, and recreational facilities. Structures built in conformity with chapter 105, article II, division 1, shall be permitted.

(3)

R-100A: Restricted residential, detached conventional homes. Low population density.

(4)

R-100B: Restricted residential, detached conventional homes. Mobile homes. Low population density.

(5)

R-80: Restricted (same as above).

(6)

R-60: Restricted (same as above).

(7)

R-50: Restricted (same as above).

(8)

R-A: Residential apartments. All categories of apartment or apartment-type dwellings. Medium to high population density.

(9)

R-O: Multifamily residential, attached and detached conventional homes. Row housing, mobile homes. Medium to high population density.

(10)

R-T: Mobile home parks. Mobile homes.

(11)

C-1: General commercial, office. All types of office uses. Retail sales with no more than 17,000 square feet retail area.

(12)

C-2: High density commercial, shopping center. All types of office uses. All types of retail sales, outdoor sales.

(13)

I-1: Light industry. Wholesale and retail sales, any industrial use that creates little or no environmental or safety problems.

(14)

I-2: Heavy industry. Any type of industry.

(Ord. No. 79-8, § 1, 8-1-1979; Ord. No. 86-2, 5-7-1986; Ord. No. 92-2, 7-1-1992; Ord. No. 2024-5, 10-8-2024)

(a)

A-1 district.

(1)

District designation and intent: This district is intended primarily as a protection to drainage and encompasses all of the floodways, plus such other lands deemed necessary for permanent open space. It is possible that this district's boundaries may change periodically in response to changes in the floodway lines.

(2)

Permitted principal uses and structures: Principal uses are agriculture and recreation. No permanent structures other than roads, railroads, bridges and necessary flood-control structures shall be constructed in this district. Camping in tents, travel trailers, campers and other such mobile housing shall be permitted.

(3)

Permitted accessory uses and structures: None.

(4)

Special exception uses and structures: None.

(5)

Special permit uses and structures: Permanent recreational and water-related structures may be constructed if certified by a recognized hydrologist that it:

a.

Will not impede the free flow of water;

b.

Has the first habitable floor at least one foot above the level of a 100-year flood; and

c.

Is anchored sufficiently to resist the strongest current expected.

(6)

Minimum lot requirements.

a.

Area: None.

b.

Width: 100 feet along the stream line.

c.

Minimum unimproved lot area: 60 percent.

(7)

Minimum yard requirements: None.

(8)

Maximum height: None.

(9)

Transportation system: No special requirements.

(b)

A-2 district.

(1)

District designation and intent: Agriculture, open space. This district is intended for all agricultural or open space uses.

(2)

Permitted principal uses and structures: Since this district includes both floodplains and nonflooding land, the structural requirements differ.

a.

Nonflooding land: Residential and farm-related structures.

b.

Floodplain: Those structures permitted in sections 105-19 through 105-31.

(3)

Permitted accessory uses and structures: Any farm-related structure.

(4)

Special exception uses and structures: None.

(5)

Special permit uses and structures: None.

(6)

Minimum lot requirements.

a.

Area: Three acres.

b.

Width: 210 feet.

c.

Maximum: One dwelling unit per three acres.

(7)

Minimum yard requirements.

a.

Front: 30 feet.

b.

Side yards: Ten feet for residential structures, 30 feet for accessory structures.

(8)

Maximum height: No limit.

(9)

Transportation systems: No special requirement.

(Ord. No. 79-8, § 2, 8-1-1979; Ord. No. 86-2, 5-7-1986; Ord. No. 92-2, 7-1-1992)

(a)

R-100A district.

(1)

District designation and intent: Single-family conventional dwellings. Low population density.

(2)

Permitted principal uses and structures: Conventional single-family detached homes.

(3)

Permitted accessory uses and structures: Any use related to principal use. Any accessory building may not be located less than five feet of the rear property line: Any accessory structure must also conform to the home occupation requirements of section 113-1.

(4)

Special exception uses and structures: Schools and home occupations.

(5)

Special permitted uses and structures: Churches.

(6)

Minimum lot requirements.

a.

Area: 10,000 square feet.

b.

Width: 100 feet.

c.

Depth: 100 feet on both sidelines.

d.

Minimum lot area for family: 10,000 square feet.

e.

Maximum: Four dwelling units per acre.

(7)

Minimum yard requirements.

a.

Front: 20 feet.

b.

Side yards: Eight feet.

c.

Rear: 20 feet.

d.

Minimum unimproved lot area: 40 percent.

(8)

Minimum height: None.

(9)

Transportation systems: Local street preferred. Collector streets permitted.

(b)

R-100B district.

(1)

District designation and intent: Single-family dwellings. Low population density.

(2)

Permitted principal uses and structures: Conventional and nonconventional single-family detached homes; mobile homes.

(3)

Permitted accessory uses and structures: Any use related to principal. Any accessory building may not be located less than five feet of rear property line. Any accessory structure must also conform to the home occupation requirements of section 113-1.

(4)

Special exception uses and structures: Schools and home occupations.

(5)

Special permit uses and structures: Churches.

(6)

Minimum lot requirements.

a.

Area: 10,000 square feet.

b.

Width: 100 feet.

c.

Depth: 100 feet on both sidelines.

d.

Minimum lot area for family: 10,000 square feet.

e.

Maximum: Four dwelling units per acre.

(7)

Minimum yard requirements.

a.

Front: 20 feet.

b.

Side yard: Eight feet.

c.

Rear yard: 20 feet.

d.

Minimum unimproved lot area: 40 percent.

(8)

Minimum height: None.

(9)

Transportation systems: Local streets preferred. Collector streets permitted.

(c)

R-80 district.

(1)

District designation and intent: Single-family dwellings. Low population density.

(2)

Permitted principal uses and structures: Conventional and nonconventional single-family detached homes; mobile homes.

(3)

Permitted accessory uses and structures: Any use related to the principal use. Any accessory building may not be located less than five feet of rear property line. Any accessory structure must also conform to the home occupation requirements of section 113-1.

(4)

Special exception uses and structures: Schools and home occupations.

(5)

Special permit uses and structures: Churches.

(6)

Minimum lot requirements.

a.

Area: 8,000 square feet.

b.

Width: 80 feet.

c.

Depth: 100 feet on both sidelines.

d.

Minimum lot area for family: 8,000 square feet.

e.

Maximum: Five dwelling units per acre.

(7)

Minimum yard requirements.

a.

Front: 20 feet.

b.

Side yards: Five feet.

c.

Rear: 20 feet.

d.

Minimum unimproved lot area: 40 percent.

(8)

Minimum height: None.

(9)

Transportation systems: Local streets preferred. Collector streets permitted.

(d)

R-60 district.

(1)

District designation and intent: Single-family dwellings. Low to medium population density.

(2)

Permitted principal uses and structures: Conventional and nonconventional single-family homes; mobile homes.

(3)

Permitted accessory uses and structures: Any use related to principal use. Any accessory building may not be located less than five feet of rear property line. Any accessory structure must also conform to the home occupation requirements of section 113-1.

(4)

Special exception uses and structures: Schools and home occupations.

(5)

Special permit uses and structures: Churches.

(6)

Minimum lot requirements.

a.

Area: 5,400 square feet.

b.

Width: 60 feet.

c.

Depth: 100 feet on both sidelines.

d.

Minimum lot area for family: 5,400 square feet.

e.

Maximum: Eight dwelling units per acre.

(7)

Minimum yard requirements.

a.

Front: 20 feet.

b.

Side yards: Five feet.

c.

Rear: 20 feet.

d.

Minimum unimproved lot area: 20 percent.

(8)

Minimum height: None.

(9)

Transportation systems: Local streets preferred. Collector streets permitted.

(e)

R-50 district.

(1)

District designation and intent: Single-family dwellings. Low to medium population density.

(2)

Permitted principal uses and structures: Conventional and nonconventional single-family homes; mobile homes.

(3)

Permitted accessory uses and structures: Any use related to principal use. Any accessory building may not be located less than five feet of rear property line. Any accessory structure must also conform to the home occupation requirements of section 113-1.

(4)

Special exception uses and structures: Schools and home occupations.

(5)

Special permit uses and structures: Churches.

(6)

Minimum lot requirements.

a.

Area: 4,500 square feet.

b.

Width: 50 feet.

c.

Depth: 100 feet on both sidelines.

d.

Minimum lot area for family: 4,500 square feet.

e.

Maximum: Nine dwelling units per acre.

(7)

Minimum yard requirements.

a.

Front: 20 feet.

b.

Side yards: five feet.

c.

Rear: Ten feet.

d.

Minimum unimproved lot area: 20 percent.

(8)

Minimum height: None.

(9)

Transportation systems: Local streets preferred. Collector streets permitted.

(f)

R-A district.

(1)

District designation and intent: Multifamily dwellings. High population density.

(2)

Permitted principal uses and structures: Multifamily housing, duplexes, triplexes, townhouses, cluster development.

(3)

Permitted accessory uses and structures: Any use related to principal. Any accessory building may not be located less than five feet of rear property line. Any accessory structure must also conform to the home occupation requirements of section 113-1.

(4)

Special exception uses and structures: Schools and home occupations.

(5)

Special permit uses and structures: Churches.

(6)

Minimum lot requirements.

a.

Area: 7,000 square feet.

b.

Width: 70 feet.

c.

Depth: 100 feet on both sidelines.

d.

Minimum lot area for family: 1,200 square feet, including living area, patios and porches, yards, common open space and parking.

(7)

Minimum yard requirements.

a.

Front: 20 feet.

b.

Side yards: Minimum eight feet and no less than one-half of the height of the exterior wall.

c.

Rear: Ten feet.

d.

Minimum unimproved lot area: 20 percent.

(8)

Minimum height: None.

(9)

Transportation systems: Local and collector streets preferred. Collector and arterial streets permitted.

(g)

R-O district.

(1)

District designation and intent: General residential. Medium to high population density.

(2)

Permitted principal uses and structures: Single-family housing; multifamily housing, duplexes, triplexes, row housing, cluster development, atrium or patio homes, mobile homes.

(3)

Permitted accessory uses and structures: Any use related to principal use. Any accessory building may not be located less than five feet of rear property line. Any accessory structure must also conform to the home occupant requirements of section 113-1.

(4)

Special exception uses and structures: Schools and home occupations.

(5)

Special permit uses and structures: Churches.

(6)

Minimum lot requirements.

a.

Area: 7,600 square feet.

b.

Width: 30 feet.

c.

Depth: 100 feet on both sidelines.

d.

Minimum lot area for family: 3,800 square feet, including lots, common open space, yards and buffer area adequately landscaped, walkways, parking access drives and at least 200 square feet per dwelling unit of recreation space.

e.

Maximum: 11 dwelling units per acre.

(7)

Minimum yard requirements.

a.

Front: 20 feet.

b.

Side yards: None, but ten feet between residential structures.

c.

Rear: None, but ten feet between residential structures.

d.

Minimum unimproved lot area: Ten percent.

(8)

Minimum height: None.

(9)

Transportation systems: Collector preferred. Arterial streets permitted.

(h)

R-T district.

(1)

District designation and intent: Mobile home parks.

(2)

Permitted principal uses and structures: Mobile homes and trailer parks.

(3)

Permitted accessory uses and structures: Any uses related to principal use. Office and utility structures related to mobile home parks: Any accessory building may not be located less than ten feet to rear property line. Any accessory structure must also conform to the home occupation requirements of section 113-1.

(4)

Special exception uses and structures: Schools, churches, and home occupations.

(5)

Special permit uses and structures: None.

(6)

Minimum lot requirements (mobile home parks).

a.

Area: Five acres.

b.

Width: 210 feet.

c.

Maximum: 12 homes per acre.

d.

Area per family: 5,400 square feet.

(7)

Minimum yard requirements.

a.

Front: 20 feet.

b.

Side yards: Five feet.

c.

Rear: Ten feet.

d.

Minimum unimproved lot area: 20 percent.

(8)

Minimum height: None.

(9)

Transportation systems: Collector or arterial streets.

(10)

Minimum number of parking spaces: In all pertinent zones and throughout the town, all multifamily housing, including duplexes, triplexes, townhouses, row housing, cluster development, apartments, atrium or patio homes or condominiums shall have a minimum of two parking spaces per dwelling unit provided off public streets, and shall have an additional one parking space for visitors for every four dwelling units in the complex or structure.

(i)

R-70 district.

(1)

District designation and intent: This subsection applies to the R-70 zoning district. Single-family dwellings. Low to medium population density.

(2)

Permitted principal uses and structures: Conventional and nonconventional single-family homes; mobile homes.

(3)

Permitted accessory uses and structures: Any use related to principal use. Any accessory building may not be located less than five feet of rear property line. Any accessory structure must also conform to the home occupation requirements of section 113-1.

(4)

Special exception uses and structures: Schools and home occupations.

(5)

Special permit uses and structures: Churches.

(6)

Minimum lot requirements.

a.

Area: 7,000 square feet.

b.

Width: 70 feet.

c.

Depth: 100 feet on both sidelines.

d.

Minimum lot area for family: 7,000 square feet.

e.

Maximum: Six dwelling units per acre.

(7)

Minimum yard requirements.

a.

Front: 20 feet.

b.

Side yards: Five feet.

c.

Rear: 20 feet.

d.

Minimum unimproved lot area: 20 percent.

(8)

Minimum height: None.

(9)

Transportation systems: Local streets preferred. Collector streets permitted.

(j)

R-M minor subdivision residential overlay district zone.

(1)

Purpose. The purpose of the R-M minor subdivision residential overlay zoning district shall be to provide for areas in the town that will allow for affordable residential minor neighborhoods (six or fewer lots), using less stringent development requirements on private drives that are not maintained by the town. This zoning district will be concurrent with any existing zoning district, but it can only be placed over the following zones: R-100A, R-100B, R-80, R-70, R-60, R-50, A-1 and A-2.

(2)

Permitted, prohibited and special uses. See each overlay zone for such uses.

(Ord. No. 79-8, § 3, 8-1-1979; Ord. No. 86-2, 5-7-1986; Ord. No. 92-2, 7-1-1992; Ord. No. 95-5, 8-2-1995; Ord. No. 2004-1, 5-5-2004; Ord. No. 2004-5, 11-3-2004; Ord. No. 2006-4, 10-4-2006; Ord. No. 2014-2, 3-5-2014)

(a)

C-1 district.

(1)

District designation and intent: General commercial.

(2)

Permitted principal uses and structures: Any kind of office use. Retail sales in structures with no more than 17,000 square feet of retail area. Retail sales; restaurants; animal hospitals where all animals are kept inside a building; billboards and signs as governed by sign ordinance; commercial recreation facilities; commercial greenhouses and nurseries; commercial schools; drive-in restaurants; mortuary parlors; office buildings; paved commercial and private parking lots; poultry and fish markets, provided that they shall comply to all other laws, regulations and ordinances; sale of goods, merchandise or products at retail; service stations; shops for the repair and servicing of recorders, household appliances, locksmith, typewriters, and comparable uses. Shops may also include the following uses: dressmakers, tailoring, bakery goods sales, laundry and dry cleaning pick-up stations; theaters, but not the drive-in type; heating and air conditioning service; plumbing and electrical shops; motor vehicle repairs; glass installation; new and used car sales; ministorage garages; animal hospitals; carpet cleaning; dry cleaning and laundries; laboratory; farmer's markets; motorcycle sales and repairs; upholstery shops.

(3)

Permitted accessory uses and structures: Any use related to principal use.

(4)

Special exception uses and structures: Dwelling units contained within the office building, hospitals, rest homes, churches, schools and institutions: Branch banks not requiring outdoor advertising other than on face of the building; hotels; apartment hotels.

(5)

Special permit uses and structures: Retail sales; hotels; apartment hotels.

(6)

Minimum lot requirements.

a.

Area: 6,000 square feet.

b.

Width: 60 feet.

c.

Minimum lot area per family: 1,000 square feet.

d.

Maximum: 15 dwelling units per acre.

(7)

Minimum yard requirements.

a.

Front: Ten feet.

b.

Rear: 20 feet.

c.

Minimum unimproved lot area: Ten percent.

(8)

Maximum height: None.

(9)

Transportation systems: Arterial and collector streets.

(b)

C-2 district.

(1)

District designation and intent: Heavy commercial.

(2)

Permitted accessory uses and structures: Any kind of retail or wholesale use of more than 17,000 square feet area. Any use permitted in the C-1 district.

(3)

Permitted accessory uses and structures: Any use related to principal use.

(4)

Special exception uses and structures: Dwellings, hospitals, rest homes, churches, schools and institutions.

(5)

Special permit uses and structures: Wholesale and retail sales.

(6)

Minimum lot requirements.

a.

Area: Two acres.

b.

Width: 210 feet.

c.

Minimum lot area per family: None.

(7)

Minimum yard requirements.

a.

Front: Ten feet.

b.

Minimum unimproved lot area: Five percent.

(8)

Minimum height: None.

(9)

Transportation systems: Arterials.

(Ord. No. 79-8, § 4, 8-1-1979; Ord. No. 80-6, 12-30-1980; Ord. No. 86-2, 5-7-1986; Ord. No. 92-2, 7-1-1992; Ord. No. 2018-6, 6-6-2018)

(a)

I-1 district.

(1)

District designation and intent: Light industry. Any industrial use that creates little or no environmental or safety problems.

(2)

Permitted principal uses and structures: Wholesale and retail sales. Warehousing and light industry. Furnace repair; sheet metal shops; fabrication of gaskets and packing of soft and metal materials; creameries; bottling works; bus and truck terminals; parcel delivery service; bus and railroad passenger terminals; drive-in theaters when approved by the state department of transportation; truck terminals; frozen food lockers; commercial stables; riding academy; commercial auditoriums; coliseums or convention halls; bulk dairy products; retail; dance halls; dog pound; express office; fish market; private gym; miniwarehouses; tire repair; cemeteries and mausoleums; provided, however, that such uses shall be located on sites of at least 20 acres, all graves shall be set back at least 50 feet from all property lines, shall have a minimum street frontage of 100 feet and a fence or screen planting six feet high shall be provided along all property lines adjoining all districts.

(3)

Permitted accessory uses and structures: Any use related to principal use.

(4)

Special exception uses and structures: None.

(5)

Special permit uses and structures: None.

(6)

Minimum lot requirements.

a.

Area: 6,000 square feet.

b.

Width: None.

(7)

Minimum yard requirements.

a.

Front: 20 feet.

b.

Minimum unimproved lot area: Five percent.

(8)

Maximum height: None.

(9)

Transportation systems: Arterial, local industrial, rail, and water.

(b)

I-2 district.

(1)

District designation and intent: Heavy industry. Any type of industry.

(2)

Permitted principal uses and structures: Heavy industry.

(3)

Permitted accessory uses and structures: Any use related to principal use.

(4)

Special exception uses and structures: None.

(5)

Special permit uses and structures: None.

(6)

Minimum lot requirements.

a.

Area: 80 acres.

b.

Width: 2,000 feet.

(7)

Minimum yard requirements.

a.

Front: 50 feet.

b.

Sides: 50 feet each.

c.

Rear: 50 feet.

d.

Minimum unimproved lot area: Five percent.

(8)

Maximum height: None.

(9)

Transportation systems: Arterial, rail, and water.

(Ord. No. 79-8, § 5, 8-1-1979; Ord. No. 80-7, 12-3-1980; Ord. No. 86-2, 5-7-1986; Ord. No. 92-2, 7-1-1992)

(a)

This division, titled the "Groundwater Protection Ordinance," establishes a zoning overlay district to be known as the drinking water protection critical area.

(b)

The purpose of the drinking water protection critical area is to protect groundwater from contamination.

(Code 1979, § 17-81; Ord. No. 79-8, § 17-81, 8-1-1979; Ord. No. 2006-3, § 1, 8-2-2006)

The drinking water protection critical area is an overlay district in the town, the regulations of which shall apply to all new construction, reconstruction or expansion of existing buildings, and new or expanded uses. Activities/facilities/uses must comply with the requirements of both the drinking water protection critical area, and any underlying zoning districts and other provisions governing the area in question.

(Code 1979, § 17-82; Ord. No. 79-8, § 17-82, 8-1-1979; Ord. No. 2006-3, § 2, 8-2-2006)

The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Abandoned water well means a well which use has been permanently discontinued; its pumping equipment has been permanently removed; the well is in such a state of disrepair that it cannot be used to supply water and/or has the potential for transmitting surface contaminants into an aquifer; the well poses potential health or safety hazards; or the well is in such a condition that it cannot be placed in an active, standby, or inactive status. If a well is discontinued for a period of 180 days, it shall be presumed to be permanent.

Animal feed lots/dairies means a lot or facility (other than an aquatic animal production facility) where animals have been, are, or will be stabled or confined and fed and maintained for 45 days or more in any 12-month period, and crops, vegetation, forage growth, and post-harvest residues are not sustained in the normal growing season over any portion of the lot or facility.

Applicant means a person applying for a special permit for a facility within the drinking water protection critical area.

Aquifer means a water-bearing rock, sand or gravel layer that will yield water in a usable quantity to a well or spring.

Class I well means wells used to inject hazardous wastes or dispose of nonhazardous industrial waste and treated municipal sewage below the deepest underground source of drinking water.

Class II well means wells used to inject fluids associated with the production of oil and natural gas or fluids and compounds used for enhanced hydrocarbon recovery. These wells normally inject below the deepest underground source of drinking water (USDW), except in cases where the USDW contains producible quantities of oil or gas.

Class III well means wells that inject fluids used in subsurface mining of minerals.

Class V well means wells not included in the other classes that inject nonhazardous fluid into or above an underground source of drinking water. (The seven major types of Class V disposal wells, include drainage wells, geothermal re-injection wells, domestic wastewater disposal wells, mineral and fossil fuel recovery related wells, industrial/commercial/utility disposal wells, recharge wells and miscellaneous wells. Class V injection wells also include all large-capacity cesspools and motor vehicle waste disposal wells.)

Contamination means the presence of a material that may cause, or significantly contribute to a potential risk to human health, safety, welfare, or that is present in groundwater resources or to the natural environment, such that it degrades the quality of the resource so as to constitute a hazard and/or impair its use.

Delineation means determining the outline or shape of a drinking water protection area.

Drinking water protection area means the area around a drinking water source, such as a well or surface water intake, is delineated by the state department of environmental quality as part of the Source Water Assessment Program. This area is shown on source water assessment program maps and contains the drinking water protection critical area.

Drinking water protection critical area means the zoning district defined to overlay other zoning districts in the town. This district is defined as the area within a 1,000-foot radial boundary from drinking water wells that have been identified and mapped by the state department of environmental quality as part of the source water assessment program. (Based on research, the natural breakdown and degradation of many contaminants beyond 1,000 feet reduces the risk of contaminants outside the critical area from reach the well.)

Groundwater means the water contained in the interconnected pores located below the ground in an aquifer.

Hazardous materials.

(1)

The term "hazardous material" means a material that may cause or significantly contribute to a present or potential risk to human health, safety, welfare, groundwater resources, or to the natural environment; or that is defined in the following categories:

Carcinogenic means a gas, liquid, or solid which is normally considered to be cancer causing or mutagenic. (Example: PCBs in some waste oils.)

Corrosive means any material, whether acid or alkaline, which will cause severe damage to human tissue, or in the case of leakage, might damage or destroy other containers of hazardous materials and cause the release of their contents. (Examples: battery acid and phosphoric acid.)

Explosive means a reactive gas, liquid or solid that will vigorously and energetically react uncontrollably if exposed to heat, shock, pressure or combinations thereof. (Examples: dynamite, organic peroxides and ammonium nitrate.)

Highly toxic means a gas, liquid, or solid so dangerous to man as to afford unusual hazard of life. (Example: chlorine gas.)

Ignitable means a gas, liquid or solid which may cause fires through friction, absorption of moisture, or which has low flash point. (Examples: white phosphorous and gasoline.)

Moderately toxic means a gas, liquid or solid that, through repeated exposure or in a single large dose, can be hazardous to man.

(2)

The term "hazardous materials" also means the following items, shown below, and any byproducts, reaction products, or waste products generated from the use, handling, storage, or production of these items: acid and base cleaning solutions, antifreeze and coolants (new or used), arsenic and arsenic compounds, batteries (new and used), brake and transmission fluid, oils/greases/lubricants, brine solution, casting and foundry chemicals, caulking agents and sealants, cleaning solvents, cutting fluids, degreasing solvents, disinfectants, electroplating solutions, explosives, fertilizers, food processing wastes, fuels and additives, glues, adhesives and resins, greases, hydraulic fluid, industrial and commercial janitorial supplies, industrial sludges and still bottoms, inks, printing and photocopying chemicals, laboratory chemicals, metal finishing solutions, oils (petroleum based), paints, primers, thinners, dyes, stains, wood preservatives, paint solvents, and paint removing compounds, pesticides and herbicides, plastic resins and catalysts, plasticizers, photo development chemicals, pool chemicals, roofing chemicals and sealers, solders and fluxes, tanning industry chemicals, transformer and capacitor oils/fluids.

Impervious surface means a surface covered by a material that is relatively impermeable to water.

Inactive water well. A well is considered to be inactive if it is not presently operating, but is maintained in such a way that it can be put back in operation, with a minimum of effort, to supply water.

Normal household use means storage or use of a hazardous material quantities less than five gallons if liquid, or 50 pounds if solid.

Person means an individual, corporation, joint venture, incorporated association, public or private corporation, partnership, governmental body or other similar entity, public or private.

Promiscuous dump means any collection of solid waste either dumped, or caused to be dumped, or placed on any property, either public or private, whether or not regularly used, and not authorized by the administrative authority (state department of environmental quality).

Public water supply means a water supply that provides water through constructed conveyances to the public for at least 15 service connections or regularly serves an average of at least 25 individuals daily for at least 60 days per year.

Sanitary landfill means a landfill for the disposal of commercial or residential solid waste by deposit in a landfill in layers covered with suitable cover material of a depth and at a frequency adequate to control disease vectors and odors, and in such a manner that minimizes the risk to human health and the environment.

Secured storage means a natural or created barrier to site ingress or egress around the entire perimeter of the hazardous materials storage area.

Source water assessment program. Section 1453 of the Safe Drinking Water Act Amendments of 1996 required each state to develop a source water assessment program that will:

(1)

Delineate areas providing drinking water for all public water supplies (groundwater and surface water); and

(2)

Inventory drinking water supplies for potential contaminants which may have adverse effects on human health.

Well. Any excavation that is drilled, cored, bored, washed, driven, dug, jetted, or otherwise constructed for conveying groundwater to the surface, monitoring groundwater levels or other characteristics, providing cathodic protection or providing a method of injecting water into the aquifer system from above the earth's surface.

(Code 1979, § 17-83; Ord. No. 79-8, § 17-83, 8-1-1979; Ord. No. 2006-3, § 3, 8-2-2006)

For the purposes of this division, there are hereby established within the town, certain drinking water protection critical areas. The drinking water protection critical area is defined as the area within a 1,000-foot radial boundary from any drinking water well that has been identified and mapped by the state department of environmental quality as part of the source water assessment program. The maps are available for viewing at the town hall.

(Code 1979, § 17-84; Ord. No. 79-8, § 17-84, 8-1-1979; Ord. No. 2006-3, § 4, 8-2-2006)

(a)

The following uses, unless granted a special exception, are prohibited within the drinking water protection critical area: abandoned water wells, aboveground storage tanks except for water storage tanks, agriculture chemical-formulation/distribution facilities, airports, animal feed lots/dairies, asphalt plants, auto/boat/tractor/small engine shops, battery recyclers, body shop/paint shops, car washes, cemeteries, chemical plants, Class I injection wells, Class II injection wells, Class III injection wells, Class V injection wells, dry cleaner/laundromats, funeral homes, furniture stripping facilities, golf courses, hospitals, inactive water wells, lumber mills, metal plating/metal working facilities, military facilities, nonfunctional septic systems, nuclear plant, oil/gas wells and associated drilling activities, oil/gas tank batteries, oxidation ponds, paper mills, petroleum bulk plants, pipeline compressor stations, plant nurseries, port facilities, power plants, printing shops, promiscuous dumps, railroad yards switching/loading and offloading/maintenance, salvage yards, sand/gravel pits, sanitary landfills, truck terminals, underground storage tanks except for brine storage tanks, and wood preserving plants.

(b)

Establishing a drinking water well, unless granted a special exception, is prohibited within 1,000 feet of the following: abandoned water wells, aboveground storage tanks except for water storage tanks, agriculture chemical-formulation/distribution facilities, airports, animal feed lots/dairies, asphalt plants, auto/boat/tractor/small engine shops, battery recyclers, body shop/paint shops, car washes, cemeteries, chemical plants, Class I injection wells, Class II injection wells, Class III injection wells, Class V injection wells, dry cleaner/laundromats, funeral homes, furniture stripping facilities, golf courses, hospitals, inactive water wells, lumber mills, metal plating/metal working facilities, military facilities, nonfunctional septic systems, nuclear plant, oil/gas wells and associated drilling activities, oil/gas tank batteries, oxidation ponds, paper mills, petroleum bulk plants, pipeline compressor stations, plant nurseries, port facilities, power plants, printing shops, promiscuous dumps, railroad yards switching/loading and offloading/maintenance, salvage yards, sand/gravel pits, sanitary landfills, truck terminals, underground storage tanks except for brine storage tanks, and wood preserving plants.

(Code 1979, § 17-85; Ord. No. 79-8, § 17-85, 8-1-1979; Ord. No. 2006-3, § 5, 8-2-2006)

Any of the land uses, facilities or activities identified in section 113-108 lawfully in existence on the effective date of the ordinance from which this division is derived may continue to exist on the parcel upon which it is located. Replacement or repair may be granted; however, such land uses, facilities, and activities may not be added to or expanded upon, unless an undue hardship can be established.

(1)

Uses and activities requiring special permit. The following uses and activities are permitted only upon the issuance of a special permit by the town under such conditions as there exists an undue hardship and as the police jury may require:

a.

Enlargement or alteration of existing uses that do not conform to the drinking water protection critical area requirements;

b.

Those activities that involve the handling of hazardous materials in quantities greater than those associated with normal household use, permitted in underlying zoning (except as prohibited in section 113-108). The burden is on the applicant to show that an undue hardship exists.

(2)

Procedures for issuance of special permit.

a.

The special permit granting authority (SPGA) for this division shall be the town. Such special permit shall be granted if the SPGA determines that the intent of this bylaw/division, as well as its specific criteria, is met. The SPGA shall not grant a special permit under this section unless the petitioner's application materials include, in the SPGA's opinion, sufficiently detailed, definitive, and credible information to support positive findings in relation to the standards given in this section. The SPGA shall document the basis for any departures from the recommendations of any other reviewing agency in its decision.

b.

Upon receipt of the special permit application, the SPGA shall transmit one copy to the water system agency controlling the area for their written recommendations. Failure to respond in writing within 60 days of receipt by the water system agency controlling the area shall indicate approval or no desire to comment by said agency. The applicant shall furnish the necessary number of copies of the application.

c.

The SPGA may grant the required special permit only upon finding that the proposed use meets the prohibited uses standards as specified in section 113-108, all federal, state, and local regulations, and any other regulations or guidelines adopted by the SPGA.

d.

The applicant shall file two copies of a site plan and attachments. The site plan shall be drawn at a proper scale as determined by the SPGA and be stamped by a professional engineer. All additional submittals shall be prepared by qualified professionals. The site plan and its attachments shall, at a minimum, include provisions to protect against the discharge of hazardous materials or wastes to the environment due to spillage, accidental damage, corrosion, leakage, or vandalism, including spill containment and clean-up procedures; provisions for indoor, secured storage of hazardous materials and wastes with impervious floor surfaces.

e.

Appeals from denial of special permits shall be submitted in writing (letter form) to the town or its designated representative within 30 days of receipt of denial. The town or its designated representative shall conduct a review and render a decision within 30 days of receipt of the appeal request. An adverse decision of the permit may be appealed to the 18th Judicial District Court.

(Code 1979, § 17-86; Ord. No. 79-8, § 17-86, 8-1-1979; Ord. No. 2006-3, § 6, 8-2-2006)

(a)

Any person may submit a verbal or written complaint alleging a violation of this division.

(b)

Upon receipt of the complaint, the jurisdiction shall conduct a brief investigation of the substance of the complaint; including a meeting with the landowner involved.

(c)

Based upon the determination that there is a violation of this division, the jurisdiction shall conduct an attempt at informal reconciliation with the violator. As part of such informal reconciliation the jurisdiction shall:

(1)

Notify the violator by mail of the violation of this division and the desire of the jurisdiction to correct the violation through informal reconciliation. The statement shall also indicate that should the violator refuse to accept and implement corrective actions within the time set forth by the jurisdiction, action may be taken to correct the violation, and the violator will be billed for the cost of taking the corrective action.

(2)

Make a good faith effort to meet the violator and resolve/correct the violation.

(d)

If, after taking the steps above, and after a period of 15 days following the mailing of the notice of violation, the jurisdiction in good faith determines that the violator is unwilling to participate in informal reconciliation and take the corrective actions prescribed, the jurisdiction shall notify the violator by mail of the termination of the informal reconciliation.

(e)

The jurisdiction may take corrective actions deemed necessary following 15 days after notifying the violator by mail of the notice of termination of the informal reconciliation, and bill the violator for the reasonable cost of such action.

(Code 1979, § 17-88; Ord. No. 79-8, § 17-88, 8-1-1979; Ord. No. 2006-3, § 8, 8-2-2006)