Barneveld City Zoning Code
ARTICLE III
Zoning Districts
§ 280-23 Establishment.
Districts enumerated. For the purpose of this chapter, the Village is hereby divided into the following 10 use districts. In addition, one overlay district is also established.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
R-1 | Single-Family Residential District |
R-2 | Multiple-Family Residential District |
R-3 | Mobile Home Residential District |
B-1 | Retail Business District |
B-2 | Wholesale and Service Business District |
H-B | Highway/Business Industrial District |
B-I | Business Industrial District |
M-1 | Industrial District |
A-P | Agricultural Preservation District |
A-H | Agricultural Holding District |
A-T | Agricultural Transition Area |
CON | Conservancy District |
PUD | Planned Unit Development District |
Overlay District: | |
DD | Downtown Design District |
Boundaries. Boundaries of these districts are hereby established as shown on maps entitled "Zoning Map, Village of Barneveld, Wisconsin." Such boundaries shall be construed to follow corporate limits; U.S. Public Land Survey lines; lot or property lines; center lines of streets, highways, alleys, easements and railroad rights-of way or such lines extended, unless otherwise noted on the Zoning Map.
Vacation of streets and alleys. Vacation of public streets and alleys shall cause the land vacated to be automatically placed in the same district as the abutting side to which the vacated land reverts.
Annexations. Annexations to or consolidation with the Village subsequent to the effective date of this chapter shall be placed in the A-T Agricultural Transition District unless the annexation ordinance places the land in another district.
§ 280-24 Zoning Map.
A certified copy of the Zoning Map shall be adopted and approved with the text as part of this chapter, shall bear upon its face the attestation of the Village Clerk and shall be available to the public in the office of the Clerk.
Changes thereafter to the districts shall not be effective until entered and attested on this certified copy.
§ 280-25 R-1 Single-Family Residential District.
The R-1 Single-Family Residential District is to provide for low density detached single-family homes.
Permitted uses: single-family detached residences; horticulture and gardening, but not including commercial greenhouses; essential facilities and services; and accessory uses, such as private garages, carports and paved parking areas when located on the same lot and not including the conduct of business, except as permitted household occupation or conditional use, provided that no such garage shall be erected prior to the execution of the principal building to which it is accessory.
Conditional uses: two-family residences, including conversion of older homes; charitable or nonprofit institutions and facilities; cemeteries; day care; libraries; nursing and group home facilities; funeral homes; historic sites; public park and recreation areas; and home occupations and professional offices when incidental to the principal residential use situated on the same property and carried on by the residential occupant, subject to the following conditions:
[Amended 8-5-1996; 4-8-2019 by Ord. No. 19-04-01]
Such use shall not occupy more than 25% of the classified floor area of the principal building in which it is located.
Such use shall not employ more than one person not a resident of the premises.
Any off-street parking area shall be maintained reasonably dustless and adequately screened from adjoining residential properties.
Such use shall not include the conduct of any retail or wholesale business on the premises nor the removal of sand, gravel, stone, topsoil or peat moss for commercial purposes.
Such use shall not include the operation of any machinery, tools or other appliances or the outside storage of materials or other operational activity, any of which would create a nuisance or be otherwise incompatible to the surrounding residential area.
Standards. Within the R-1 District, the following standards shall apply:
Maximum building height: 35 feet and no more than 2 1/2 stories.
Minimum front yard setback from highway or street ROW: 25 feet. (Note: More restrictive standards may be imposed by state and county regulations in certain circumstances where lots abut on state or county highways.)
Minimum lot width: 60 feet.
Minimum lot area for single-family: 8,500 square feet.
Minimum lot area for two-family: 12,500 square feet.
Minimum floor area: each side of a home shall be a minimum of 22 feet, but not less than 900 square feet per family.
§ 280-26 R-2 Multiple-Family Residential District.
The R-2 Multiple-Family Residential District is to provide for medium density single-family attached or apartment housing within the Village limits.
Permitted uses: multiple-family housing units, including two-family units; horticulture, but not including commercial greenhouses; essential services; charitable or nonprofit institutions and facilities; and accessory uses.
Conditional uses: single-family detached dwellings; rooming houses and boardinghouses; bed-and-breakfast establishments; libraries, museums and art galleries; funeral homes; uses customarily incidental to any of the above uses, provided that no such use generates traffic or noise that would create a public or private nuisance; and home occupations and professional offices, subject to conditions set forth under § 280-25.
Standards. Within the R-2 District, the following standards shall apply:
Maximum building height: 40 feet or three stories.
Minimum front yard setback: 25 feet from street ROW line.
Minimum lot width: 65 feet.
Minimum lot area for single-family unit: 8,500 square feet.
Minimum lot area for two-family unit: 12,500 square feet.
Minimum lot area for multifamily unit: minimum of 15,000 square feet, with 2,000 square feet per efficiency, 2,500 square feet per one bedroom unit and 3,000 square feet per two bedroom unit.
Minimum floor area for single-family home: 900 square feet.
Minimum floor area per family for multifamily unit: 600 square feet.
Zero lot line development.
[Added 8-5-1996]
Purpose. The purpose of this subsection is to permit separate ownership of each unit of a two-family dwelling and provide for the division and separate ownership of each half of a two-family lot.
Lot division and building location requirements. The division of the two-family lot shall be divided in equal portions, dividing said lot in half; front entrances should face street right-of-way, and the common wall separating the two units shall be located on said division line. The division of the lot shall be made by certified survey map.
Standards.
Maximum building height: 35 feet, 2 1/2 stories.
Minimum front yard setback: 25 feet.
Minimum rear yard setback, principal building: 25 feet.
Minimum side yard setback, each unit: zero and 10 feet.
Minimum lot width, each unit: 60 feet.
Minimum lot area, each unit: 7,500 square feet.
Minimum floor area, each unit: 900 square feet.
Minimum off-street parking: two parking spaces, one of which shall be an attached garage.
Separate utilities and heating facilities. Each unit shall be served with separate sewer and water laterals and heating facilities.
Conflicting provisions. With respect to zero lot line development, the requirements of this section shall supersede any and all conflicting requirements of this chapter.
§ 280-27 R-3 Mobile Home Residential District.
The R-3 Mobile Home Residential District is intended to provide areas for planned mobile home parks within the Village. No such R-3 District is shown on the Village Zoning Map at this time.
Permitted uses: mobile home parks which are developed exclusively for mobile home usage, with the exception of community buildings, laundry facilities or other common use buildings which are ancillary to the residential use of the development.
Conditional uses: none.
Regulations and standards. For regulations and standards which apply to the R-3 Mobile Home Residential District, refer to Chapter 178, Mobile Homes. As specified, mobile home parks shall comply with Ch. SPS 326, Wis. Adm. Code.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
§ 280-28 B-1 Retail Business District.
The purpose of this district is to encourage the grouping of compatible businesses that will aid in further developing the downtown area as a retail service center.
Permitted uses: automotive servicing repairs and sales; antique shops; hotels and motels; appliance stores; barbershops and beauty parlors; banks and other financial institutions; business and professional offices; candy and ice cream stores; caterers; clothing repair shops; clubs; confectioneries; delicatessens; department stores; drugstores; electrical supply; food stores; funeral homes; furniture stores; gasoline stations; heating supply; insurance agencies; jewelry stores; medical clinics; newspapers offices; opticians and optical stores; paint stores, retail only; parking facilities; photographic studios; small animal hospitals; taverns and cocktails lounges, with permit by Village Board; tourist information and hospitality centers; upholsterers' shops; variety stores and any other similar retail uses not specifically listed above which are compatible with established uses on adjoining properties; and dwelling units above the ground floor.
Conditional uses: light manufacturing and product assembly facilities; metal fabrication (includes welding); and farm implement repair and tire services.
Maximum building height: 40 feet or three stores.
Minimum side yard setback: 10 feet, except in the case of the Downtown Design Overlay District where no minimum side yard setbacks are required. Refer to § 280-35.
Minimum front yard setback: 25 feet, except in the case of the Downtown Design Overlay District where no minimum front yard setbacks are required. Refer to § 280-35.
Minimum rear yard setback: 25 feet, except in the case of the Downtown Design Overlay District where no minimum rear yard setbacks are required. Refer to § 280-35.
Minimum lot width: 65 feet, except in the case of the Downtown Design Overlay District where no minimum lots widths are required. Refer to § 280-35.
§ 280-29 B-2 Wholesale and Service Business District.
The purpose of this district is to provide an area for wholesale and service businesses that have large land area requirements. It is intended that the uses permitted in this district will not detract from the potential of revitalizing the Downtown Business District.
Permitted uses: lawn and garden services; agricultural services; general building contractors; general contractors, heavy construction; special trade contractors; motor freight transportation and warehousing; wholesale trade, durable goods and nondurable goods; retail trade, building materials, lawn and garden supply, mobile home dealers, boat dealers, recreational and utility trailer dealers, motor vehicle dealers; automotive repair, services and garages; miscellaneous repair services; and bowling alleys, pool halls, handball and racquetball clubs.
Conditional uses: eating and drinking establishments; any other land extensive business uses not specifically listed above that are consistent with the purpose and intent of this district.
Maximum building height: 75 feet or three stories.
Minimum side yard setback: 10 feet, except in the case of the Downtown Design Overlay District where no minimum front yard setbacks are required. Refer to § 280-35.
Minimum front yard setback: 25 feet, except in the case of the Downtown Design Overlay District where no minimum front yard setbacks are required. Refer to § 280-35.
Minimum rear yard setback: 25 feet, except in the case of the Downtown Design Overlay District where no minimum rear yard setbacks are required. Refer to § 280-35.
Minimum lot width: 65 feet, except in the case of the Downtown Design Overlay District where no minimum lot widths are required. Refer to § 280-35.
§ 280-30 M-1 Industrial District.
The purpose of this district is to provide appropriate areas within the Village limits for manufacturing and related activities that strengthen the Village's economic base and that are not incompatible with other land uses in the Village.
Permitted uses: manufacture, fabrication, packing, packaging and assembly of products from furs, glass, leather, metals, paper, plaster, plastics, textile and wood; manufacture, fabrication, processing, packaging and packing of confections, cosmetics, electrical appliances, electronic devices, food (except cabbage, fish and pea vining), instruments, jewelry, pharmaceutical, tobacco and toiletries; freight yards, freight terminals and trans-shipment depots; inside storage; and any similar uses not specifically listed.
Prohibited uses: residential, education or institutional uses, except a dwelling for watchman employed on the premises and members of his family; uses in conflict with Village or state ordinances governing nuisances; abattoirs, except for poultry; acid manufacture; cement, lime gypsum or plaster of paris manufacture; distillation of bones; explosives manufacturer storage; fat rendering; fertilizer manufacture; garbage, rubbish, offal or dead animal reduction or dumping; glue manufacture; junkyards; and petroleum refining.
Minimum lot area and width: 20,000 square feet, 100 feet width.
Maximum building height: 50 feet or two stories.
Maximum building coverage: 50%.
Required buffer strips. Where the M-1 Industrial District abuts or adjoins along a street line opposite a residential district, a buffer strip of not less than 15 feet shall be provided. Plant materials at least six feet in height of such variety and growth habits as to provide a year-round effective visual screen when viewed from the residential district shall be planted within the buffer strip.
§ 280-31 A-P Agricultural Preservation District.
The purpose of this district is to preserve those agricultural lands, woodlands and wetlands where it has been determined that their highest and best uses are in long-term agriculture or wildlife habitat and to prevent uneconomical scattering of residential, commercial and industrial development in such areas.
Permitted uses:
Beekeeping, dairying, plant nurseries, floriculture, orchards, truck farming, sod farming, horticulture, paddocks, equestrian trails, nature trails, stables, forest and game management, livestock and poultry raising (except for commercial operations), roadside stands not exceeding one per farm, grazing, greenhouses, viticulture and similar agricultural uses.
Two single-family dwelling units for resident owner/operators and their children and parents or laborers principally engaged in conducting a permitted or approved conditional use.
Conditional uses:
Fish and fur farms; commercial livestock and poultry operations; livestock sales facilities; veterinary services for farm animals; sale and service of machinery used in agricultural production; utility uses, except transmission corridors; airplane landing strips; alcohol fuel stills; and similar agriculturally related business uses.
The storage and sale of seed, feed, fertilizer and other products essential to farm production.
Housing for seasonal farm laborers.
More than two single-family dwelling units for resident owner/operators and their children and parents or laborers principally engaged in conducting a permitted or approved conditional use.
Placement of a mobile home for use as farm related housing.
Maximum building height: two times their distance from adjacent lot lines.
Preexisting residences. Preexisting residences in the Agricultural Preservation District that do not conform to district standards may be continued in residential use and shall not be subject to any limitations imposed by Article IX, Nonconforming Uses, Structures and Lots.
Any lot or parcel of less than 35 acres. Any lot or parcel of less than 35 acres that is recorded under separate ownership in the Office of the Register of Deeds at the time of adoption of this chapter may be used as a single residential building site, provided that it can comply with the standards of the R-1 Residential District.
Farm related structures remaining after farm consolidation. Farm related structures remaining after farm consolidation may be divided from the farm, provided that it can comply with the provisions of the R-1 Residential District.
Standards for rezoning. Decisions on petitions for rezoning land from the Agricultural Preservation District shall be based on findings resulting from a comprehensive update to the Village Master Plan. Individual landowner requests for rezoning shall be held until the approving authorities have determined that such a Master Plan update is needed. Following the outcome of a plan update, if land is rezoned from the A-P Agricultural Preservation District, the Department of Agricultural Trade and Consumer Protection shall be notified.
§ 280-32 A-H Agricultural Holding District.
The purpose of this district is to preserve those agricultural lands and woodlands identified in the Village Master Pan as being potentially necessary for urban expansions within a ten-to-twenty-year period.
Permitted uses: same as those established for the A-P Agricultural Preservation District.
Conditional uses: nonfarm residential use of unsewered lots recorded at the time of adoption of this chapter, plus those listed in the A-P Agricultural Preservation District.
Lot area: same as those for the A-P Agricultural Preservation District.
Minimum yards: same as those for the A-P Agricultural Preservation District.
Maximum building heights: same as those for the A-P Agricultural Preservation District.
Other use standards: same as those for the A-P Agricultural Preservation District.
Standards for rezoning. Decisions on petitions for rezoning land from the Agricultural Holding District to the Agricultural Transition District shall conform to the Village Master Plan.
§ 280-33 A-T Agricultural Transition District.
The purpose of this district is to permit agricultural use of farmland that has been identified in the Village Master Plan as desirable for urban expansion within a zero-to-ten-year period.
Permitted uses: same as those established for the A-H Agricultural Holding District.
Conditional uses: same as those established for the A-H Agricultural Holding District.
Lot area: same as those established for the A-H Agricultural Holding District.
Minimum yards: same as those established for the A-H Agricultural Holding District.
Maximum building heights: same as those established for the A-H Agricultural Holding District.
Other use standards: same as those established for the A-H Agricultural Holding District.
Standards for rezoning: same as those established for the A-H Agricultural Holding District.
Adequate public facilities to serve the development are present or will be provided.
The land is suitable for development.
The development is designed to minimize the potential for conflict with remaining agricultural uses in the area.
The development is consistent with the Village Master Plan.
§ 280-34 CON Conservancy District.
This district is intended to preserve the natural state of scenic areas in the Village and to prevent the uncontrolled, uneconomical spread of residential or other development and to help to discourage intensive development of marginal lands, particularly floodplain lands and steep slopes, so as to prevent hazards to public and private property.
Permitted uses: flood mitigation facilities; forestry and management of woodlands; wildlife preserves; the management of wildlife, including waterfowl, fish and other similar lowland animals; and nonresidential buildings used solely in conjunction with such activities; hunting, fishing and trapping; park and recreation areas; hiking trails and bridle paths; preservation of areas of scenic, historic or scientific value; uses similar and customarily incidental to any of the above uses; and essential services and facilities.
Conditional uses: none.
Other. There are no setback, lot size and other dimensional standards applicable in the Conservancy District.
§ 280-35 DD Downtown Design District (Overlay).
The Downtown Design District is provided to regulate the design and appearance of development activities within the downtown area. The intent of the district is to preserve and enhance the historical quality of existing downtown buildings, improve pedestrian circulation, convenience and comfort and attain a consistent and visually pleasing image for the downtown area. As an overlay district, the requirements set forth herein are in addition to those required by the underlying use district.
Review of building plans. Within the Downtown Design District all plans for new construction, remodeling or demolition shall be reviewed and approved by the Village Plan Commission prior to beginning of any development activities.
Professional services. The Plan Commission may consult professional services when it is deemed necessary and may also require that plans submitted for review be certified by an architect or appropriate professional.
Plan review procedures.
Any application for zoning approval, pursuant to § 280-12, within the boundaries of the Downtown Design District shall be transmitted to the Plan Commission for review and approval.
In addition to the information required by § 280-12, a detailed description of the construction, alteration, demolition or use proposed, together with any architect drawings or sketches, if those services have been utilized by the applicant and, if not, a sufficient description of the construction, alteration, demolition and use to enable anyone to determine what the final appearance will be, shall be required. On large scale projects it is suggested that conceptual plans be submitted for preliminary review prior to submitting detailed plans. Upon receiving an application for a zoning permit requiring approval by the Plan Commission, the Zoning Administrator shall contact the Commission Chair and schedule a meeting within 30 days. Publication of a public hearing notice shall not be required. The Plan Commission shall conduct the hearing and act on the application within 30 days following the hearing. The Plan Commission may take any of the following actions: approve the issuance of the zoning permit; deny issuance of the zoning permit; condition issuance of the zoning permit on making changes to the submitted plan. All actions taken by the Plan Commission shall be recorded and shall state the reasons for the action taken. A copy of any final approved plan shall be attached to the zoning permit. It shall be the responsibility of the Zoning Administrator to assure that actual development conforms to plans approved by the Plan Commission.
Plan review guidelines. The Plan Commission shall use the following guidelines for reviewing proposed development activities. In addition, the Plan Commission should refer to the design district review principles in the Village Master Plan.
The mass, volume or setback of proposed structures should appear to be compatible with existing buildings in the immediate area.
The facade of new or remodeled structures should maintain a compatible relationship with those of existing structures in terms of windowsill or header lines, proportion of window and door lines, horizontal or vertical emphasis of major building elements and extent of architectural detail.
The building materials and colors used should compliment and be compatible with other buildings in the immediate area.
Exterior remodeling should be designed to take into account the entire building facade. The ground floor exterior should be designed to harmonize with the upper stories.
Existing buildings and structures should be recognized as products of their own time. Alterations which have no historical basis should be discouraged.
The sizing and placement of signs should fit the building.
All off-street parking and service areas should be landscaped and screened as viewed from public rights-of-way.
Any landscape treatment should utilize a combination of deciduous and evergreen trees and shrubs hardy to this region and requiring minimum maintenance. All plant materials should be of sufficient size to be visually effective at the time of installation.
Demolition should occur only where it is found that the structure is structurally unsound or physically incapable of supporting a viable use.
§ 280-36 PUD Planned Unit Development District.
The Planned Unit Development District is established to promote improved environmental design and innovative uses of land in the Village. To this intent, this district allows variation in the relationship of uses, structures and open spaces in developments conceived and implemented as cohesive unified projects. It is further intended to encourage more rational and economic development with relationship to public services, energy efficiency and community appearance consistent with the overall intent of this chapter and the Master Plan of the Village.
Permitted uses. Any permitted or conditional use in any of the other zoning districts may be permitted subject to the criteria listed below, but such conditions or requirements as are made a part of an approved development plan shall be construed to be and enforced as part of this chapter.
Lot, building, yard and parking requirements. In the Planned Unit Development District there shall be no specific lot area, lot width, yard, height, parking and open space requirements, but such requirements as are made a part of an approved development plan shall be construed to be and enforced as a part of this chapter.
Criteria for approval. As a basis for determining the acceptability of application for rezoning to the Planned Unit Development District, the following criteria shall be applied to the proposed development plan:
The proposed development shall be compatible with the physical nature of the site with particular concern for preserving natural features, existing vegetation and topography.
The proposed development shall be an asset to the community aesthetically. The buildings and uses shall blend in with the surrounding neighborhood.
The proposed development shall not create a traffic or parking demand incompatible with existing or proposed facilities. The width and location of streets, other paving and lighting should be appropriate to the uses proposed. In no case shall standards be less than those necessary to insure public safety as determined by the Village.
The proposed development shall not place avoidable stress on the Village's water supply, sanitary sewer and stormwater drainage systems.
The proposed development shall make adequate provisions for the permanent preservation and maintenance of open space.
Procedure.
Step 1: Procedure for rezoning.
The procedure for rezoning to the Planned Unit Development District shall be the same as for any other zoning district change (Article XI), except that in addition, a general development plan shall be submitted to the Plan Commission. The general development plan of the proposed project shall be presented at a scale of one inch equals 100 feet and shall show at least the following information:
The pattern of public and private roads, driveways and parking facilities.
A description of land uses and building types, size and arrangements.
A utility feasibility analysis.
The location of recreational and open space areas reserved or dedicated to the public.
General landscape treatment.
The plan for phasing the development.
Any other data required by the Village Plan Commission or Board.
Upon final approval and adoption of the zoning change to the Planned Unit Development District, all plans submitted as well as other commitments, restrictions and other factors pertinent to assuring that the project will be carried out as presented shall be filed with the Zoning Administrator and shall be referred to in regard to enforcement or modification of the development plans.
Step 2: Specific implementation plan approval.
Detailed plans are not required to be completed at the time the zoning is approved. However, the process may be made faster by doing so. Before any building permit is issued, the Plan Commission shall review and approve a specific implementation plan. The applicant shall file the following with the Plan Commission.
A final plat of the entire development area showing detailed lot layout, intended uses of each parcel, public dedication, public and private streets, driveways, walkways and parking facilities.
The location and treatment of open spaces areas.
The arrangement of building groups other than single-family residences and all final landscape plans.
Architectural drawings and sketches illustrating the design of proposed structures.
A utility plan locating all utility installations.
A stormwater drainage and erosion control plan.
Agreements, bylaws, provisions or covenants which govern the organizational structure, use, maintenance and continued protection of the Planned Unit Development.
At a regular meeting, the Plan Commission shall approve or require changes consistent with the approved general development plan. Upon final approval of the specific implementation plans, they shall be filed with the Zoning Administrator and shall be referred to in regard to enforcement or modification of the development plans. All covenants, restrictions or contractual agreements with the Village shall be recorded with the Register of Deeds before final issuance of building permits.
Modifications. Any subsequent change of use of any parcel of land or addition or modification of any approved development plans shall be submitted to the Plan Commission for approval. Minor changes can be granted administratively by the Plan Commission. Major changes shall require a public hearing preceded by a Class 1 notice.
§ 280-37 H-B Highway/Business Industrial District.
[Added 3-4-2002 by Ord. No. 02-03-01]
The H-B Highway/Business Industrial District is established to provide an area for highway oriented businesses, commercial activities, and light industrial uses. Site plan approval review will seek to create as much attractiveness as is economically feasible and consistent with the functioning of the business.
Permitted uses.
[Amended 4-1-2002 by Ord. No. 02-04-01]
Automotive repair and services.
Banks and other financial institutions.
Boat and recreational equipment sales establishments.
Bus stations and railroad stations.
Car and truck sales and rentals.
Carwash facilities.
Convenience stores.
Drive-through facilities (serving restaurants, banks, and other similar service establishments).
Farm machinery sales and services.
Gasoline stations (including sale of diesel and kerosene).
Hardware stores.
Hotels and motels.
Lumber yards and other building material dealers.
Restaurants.
Conditional uses.
[Amended 4-1-2002 by Ord. No. 02-04-01]
Amusement and recreation services, and motion-picture theaters.
Bakeries.
Bowling lanes.
Building material sales establishments.
Clothing stores.
Drive-in establishments.
Feed stores.
Fruit and vegetable stands.
Funeral homes.
Furniture and home furnishing stores.
Greenhouses, nurseries and landscaping sales and services.
Grocery stores.
Laundry or dry cleaning services.
Light assembly industries (electronic assembly, creation of computer software, sign making and other similar industries).
Model home sales.
Monument sales.
Motor freight transportation, terminals and warehousing.
Municipal buildings and services.
Pest control services.
Postal services.
Research facilities.
Sporting goods stores.
Stadiums, auditoriums and arenas.
Storage and warehousing establishments.
Private clubs, meeting halls, convention halls and exhibition halls.
Professional or business offices.
Veterinary services, including kennels.
Dimensional standards. The following standards may be reduced or increased by the Plan Commission in the course of design review upon findings that reductions or increases will provide adequate or necessary site area and layout to accommodate the uses contemplated on the site and that negative impacts upon neighboring properties will be avoided.
§ 280-38 B-I Business Industrial District.
[Added 3-4-2002 by Ord. No. 02-03-01; amended 11-30-2011 by Ord. No. 11-12-01]
The B-I Business Industrial District is established to provide an area for light industrial research and development institutions at appropriate locations in the Village, except those that are dangerous or would create a public nuisance.
Permitted uses.
Laboratories and research facilities.
Computer and data processing facilities.
Manufacture, production or assembly facilities, including:
Electronic and electrical products and instruments.
Laser technology, radiology, x-ray and ultrasound products.
Medical and dental supplies.
Optical, fiber-optical and photographic products and equipment.
Orthopedic and medical appliances, such as artificial limbs, brace supports and safety engineering.
Scientific and precision instruments and components, including robotics.
Manufacturing of products related to energy and environmental or to telecommunications and satellite applications.
Manufacturing of products related to the resource industries of agriculture and food production, forestry, petrochemicals and mining.
Manufacturing of products related to process design, process stimulation, software development, and safety engineering.
Specific products not listed above but similar in character and which may be defined as being produced or assembled manually or by a light industrial process by virtue of the use of only light machinery; being conducted entirely within enclosed substantially constructed buildings; in which the open area around such buildings is not used for storage of raw materials or manufactured products, or for any industrial purpose other than loading and unloading operations; and which are not noxious or offensive by reason of emission of smoke, dust, fumes, odors, noise or vibrations beyond the confines of the building.
Distribution, storage and warehousing facilities.
Conditional uses. The following manufacture, production or assembly facilities:
Cameras and other photographic equipment.
Ceramic products, such as pottery, figurines and small glazed tiles.
Cosmetics and toiletries, drugs, perfumes, and perfumed soaps.
Drugs and pharmaceutical products.
Electrical appliances, such as lighting fixtures, fans and toasters.
Electrical equipment assembly, such as home radio and television receivers and home movie equipment, but not including electrical machinery.
Electrical supplies, manufacturing and assembly, such as wire and cable assembly, switches, lamps, insulation and dry cell batteries.
Dimensional standards. The following standards may be reduced or increased by the Plan Commission in the course of design review upon findings that reductions or increases will provide adequate or necessary site area and layout to accommodate the uses contemplated on the site and that negative impacts upon neighboring properties will be avoided.
§ 280-38.1 WP Wellhead Protection Overlay District.
[Added 10-6-2025 by Ord. No. 25-10-01]
Title of section. This section shall be known, cited and referred to as the "Wellhead Protection Ordinance."
Purpose. The residents of the Village of Barneveld depend exclusively on groundwater for a safe drinking water supply. Certain land use practices and activities can seriously threaten or degrade groundwater quality. The purpose of this section is to establish a Wellhead Protection Overlay District to institute land use regulations and restrictions within a defined area which contributes water directly to the municipal water supply providing protection for the aquifer and municipal water supply of the Village of Barneveld and promoting the public health, safety and general welfare of Village residents.
Authority. Statutory authority of the Village to enact these regulations was established by the Wisconsin Legislature in 1983, Wisconsin Act 410 (effective May 11, 1984), which specifically added groundwater protection, in § 59.97(1) [which has since been renumbered as § 59.69(1)] and § 62.23(7)(c), Wis. Stats., to the statutory authorization for county and municipal planning and zoning to protect the public health, safety and welfare. In addition, § 61.35, Wis. Stats., the Village has the authority to enact this section, effective in the incorporated areas of the Village, to encourage the protection of groundwater resources.
Application. The regulations specified in this wellhead protection section shall apply within the area surrounding each municipal water supply well that has been designated as a "Wellhead Protection Area" by the Village in the most recent and up-to-date wellhead protection plan and are in addition to the requirements in the underlying zoning district, if any. If there is a conflict between this section and the zoning ordinance, the more restrictive provision shall apply.
Definitions.
"Aquifer" means a saturated, permeable geologic formation that contains and can yield useable quantities of water.
"Existing facility" means current facilities, practices and activities which may cause or threaten to cause environmental pollution within that portion of the Village's wellhead protection area that lies within the corporate limits of the Village. Existing facilities include but are not limited to the type listed in the DWI Department of Natural Resources' form 3300-215, Public Water Supply Potential Contaminant Use Inventory Form, which is incorporated herein by reference as if fully set forth.
"Hazardous chemicals" are compounds identified as such by OSHA under 29 CFR 1910.1200(c) and by OSHA under 40 CFR Part 370.
"Recharge area" means the land area which contributes water to a well by infiltration of water into the aquifer and movement with groundwater toward the well.
"Wellhead protection area" is derived from hydrologic studies and is based on the area surrounding a well where groundwater takes five years or less to travel from the land surface to the pumping well and identified as such in the Village wellhead protection plan which is incorporated herein by reference as if fully set forth. The wellhead protection area may be normalized to natural and political boundary lines.
Wellhead Protection Overlay District. The location and boundaries of the zoning districts established by this section are set forth in the Village of Barneveld's most recent and up-to-date wellhead protection plan on the map titled "Wellhead Protection Area" (on file in the Village of Barneveld office) incorporated herein and hereby made a part of this section. Said figures, together with everything shown thereon and all amendments thereto, shall be as much a part of this section as though fully set forth and described herein. This section thus promotes public health, safety, and welfare. The Wellhead Protection Overlay District is intended to protect the groundwater recharge area for the water supply from contamination.
Note: Wellhead protection areas are derived from hydrologic studies and are based on the area surrounding a well where groundwater takes five years or less to travel from the land surface to the pumping well.
Permitted uses. The following uses are permitted in the Wellhead Protection Overlay District subject to the separation distances in Subsection J, Separation distances.
Parks, playgrounds or wildlife areas, provided there is no on-site waste disposal or fuel storage tank facilities associated with this use.
Non-motorized trails, such as bike, skiing, nature and fitness trails.
Residential, commercial and industrial establishments that are municipally sewered and whose use, aggregate of hazardous chemicals in use, storage, handling and/or production may not exceed 20 gallons or 160 pounds at any time, with the exception for those uses listed as "conditional" or "prohibited" in Sections 4 or 5. [Hazardous chemicals are identified by OSHA under 29 CFR 1910.1200(c) and by OSHA under 40 CFR Part 370.]
Routine tillage, planting, and field management operations in support of agricultural crop production, where nutrients from legume, manure, and commercial sources are accounted for and credited toward crop nutrient need. The combination of all nutrient sources applied or available on individual fields may not exceed University of Wisconsin soil test recommendations for that field.
Conditional uses. The following uses may be conditionally permitted in the Wellhead Protection Overlay District in accordance with Chapter 280, Article IV, Conditional Uses, and subject to the separation distances in Subsection J, Separation distances.
Hydrocarbon, petroleum or hazardous chemical storage tanks.
Motor vehicle services, including filling and service stations, repair, renovation and body work.
Residential, commercial and industrial establishments that are municipally sewered and whose use, aggregate of hazardous chemicals in use, storage, handling and/or production exceeds 20 gallons or 160 pounds at any time.
Stormwater infiltration basins.
Geothermal wells, systems or heat exchange drilling, along with any associated piping and/or ground loop component installations.
Prohibited uses. The following uses are prohibited in the Wellhead Protection Overlay District.
Animal waste storage areas and facilities.
Application of fertilizer to manicured lawns or grasses in excess of the nutrient requirements of the grass.
Asphalt product manufacturing plants.
Dry cleaning establishments.
Fertilizer manufacturing or storage facilities.
Foundries and forge plants.
Hazardous chemical processing or manufacturing facilities.
Industrial liquid waste storage areas.
Landfills or other areas for dumping, disposal or transferring of garbage, refuse, recycling, trash, or demolition material, including auto salvage operations.
Metal reduction or refinement facilities.
Mining operations, including metallic, gravel pits, industrial or frac-sand mining.
Motor freight terminals.
Petroleum or hazardous chemical storage greater than 110 gallons in any single-wall petroleum storage tank (double-wall storage tanks installations shall meet the requirements of § ATCP 93.260, Wis. Adm. Code, and receive written approval from the Department of Safety and Professional Services or its designated Local Program Operator under § ATCP 93.110, Wis. Adm. Code).
Road salt or de-icing materials storage areas.
Separation distances. The following separation distances as specified in § NR 811.12(5)(d), Wis. Adm. Code, shall be maintained within the Wellhead Protection Overlay District.
10 feet between a well and an emergency or standby power system that is operated by the same facility which operates the well and that has a double-wall aboveground storage tank with continuous electronic interstitial leakage monitoring. These facilities shall meet the installation requirements of Wis. Adm. Code, ATCP 93.260, and receive written approval from the Department of Safety and Professional Services or its designated Local Program Operator under § ATCP 93.110, Wis. Adm. Code.
50 feet between a well and a storm sewer main or a sanitary sewer main where the sanitary sewer main is constructed of water main class materials and joints. Gravity sanitary sewers shall be successfully air pressure tested in place. The air pressure test shall meet or exceed the requirements of the four psi low pressure air test for plastic gravity sewer lines found in the latest edition of Standard Specifications for Sewer and Water Construction in Wisconsin. Force mains shall be successfully pressure tested with water to meet the AWWA C600 pressure and leakage testing requirements for one hour at 125% of the pump shut-off head.
200 feet between a well field and any sanitary sewer main not constructed of water main class materials, sanitary sewer manhole, lift station, one- or two-family residential heating fuel oil underground storage tank or aboveground storage tank or private on-site wastewater treatment system (POWTS) treatment tank or holding tank component and associated piping.
300 feet between a well field and any farm underground storage tank system or other underground storage tank system with double wall and with electronic interstitial monitoring for the system, which means the tank and any piping connected to it. These installations shall meet the most restrictive installation requirements of § ATCP 93.260, Wis. Adm. Code, and receive written approval from the Department of Safety and Professional Services or its designated Local Program Operator under § ATCP 93.110, Wis. Adm. Code. These requirements apply to tanks containing gasoline, diesel, bio-diesel, ethanol, other alternative fuel, fuel oil, petroleum product, motor fuel, burner fuel, lubricant, waste oil, or hazardous substances.
300 feet between a well field and any farm aboveground storage tank with double wall, or single-wall tank with other secondary containment and under a canopy; other aboveground storage tank system with double wall, or single-wall tank with secondary containment and under a canopy and with electronic interstitial monitoring for a double-wall tank or electronic leakage monitoring for a single-wall tank secondary containment structure. These installations shall meet the most restrictive installation requirements of § ATCP 93.260, Wis. Adm. Code, and receive written approval from the Department of Commerce or its designated Local Program Operator under § ATCP 93.110, Wis. Adm. Code. These requirements apply to tanks containing gasoline, diesel, bio-diesel, ethanol, other alternative fuel, fuel oil, petroleum product, motor fuel, burner fuel, lubricant, waste oil, or hazardous substances.
400 feet between a well field and a POWTS dispersal component with a design capacity of less than 12,000 gallons per day, a cemetery or a stormwater retention or detention pond.
600 feet between a well field and any farm underground storage tank system or other underground storage tank system with double wall and with electronic interstitial monitoring for the system, which means the tank and any piping connected to it; any farm aboveground storage tank with double wall, or single-wall tank with other secondary containment and under a canopy or other aboveground storage tank system with double wall, or single-wall tank with secondary containment and under a canopy; and with electronic interstitial monitoring for a double-wall tank or electronic leakage monitoring for a single-wall tank secondary containment structure. These installations shall meet the standard double-wall tank or single-wall tank secondary containment installation requirements of § ATCP 93.260, Wis. Adm. Code, and receive written approval from the Department of Safety and Professional Services or its designated Local Program Operator under § ATCP 93.110, Wis. Adm. Code. These requirements apply to tanks containing gasoline, diesel, bio-diesel, ethanol, other alternative fuel, fuel oil, petroleum product, motor fuel, burner fuel, lubricant, waste oil, or hazardous substances.
1,000 feet between a well field and land application of municipal, commercial, or industrial waste; the boundaries of a land spreading facility for spreading of petroleum-contaminated soil regulated under state administrative regulations while that facility is in operation; agricultural, industrial, commercial or municipal wastewater treatment plant treatment units, lagoons, or storage structures; manure stacks or storage structures; or POWTS dispersal component with a design capacity of 12,000 gallons per day or more.
1,200 feet between a well field and any solid waste storage, transportation, transfer, incineration, air curtain destructor, processing, wood burning, one-time disposal or small demolition facility; sanitary landfill; any property with residual groundwater contamination that exceeds Ch. NR 140, Wis. Adm. Code, enforcement standards; coal storage area; salt or deicing material storage area; any single-wall farm underground storage tank or single-wall farm above ground storage tank or other single-wall underground storage tank or aboveground storage tank that has or has not received written approval from the Department of Safety and Professional Services or its designated Local Program Operator under § ATCP 93.110, Wis. Adm. Code, for a single-wall tank installation. These requirements apply to tanks containing gasoline, diesel, bio-diesel, ethanol, other alternative fuel, fuel oil, petroleum product, motor fuel, burner fuel, lubricant, waste oil, or hazardous substances; and bulk pesticide or fertilizer handling or storage facilities.
Existing nonconforming uses. Nonconforming uses, structures or land existing at the time of the adoption or amendment of this section may be continued although the use does not conform with the provisions of this section in accordance with Article IX, Nonconforming Uses, Structures and Lots. However, only that portion of the land in actual use may be so continued and the structure may not be extended, enlarged, reconstructed, substituted, moved, or structurally altered except when required to do so by law or order or so as to comply with the provisions of this section.