For the purpose and administration of this chapter, the village is hereby organized into the following districts:

(1)

One-family residential district (R-1).

(2)

Two-family residential district (R-2).

(3)

Multifamily residential district (R-3).

(4)

General commercial district (CG).

(5)

Central business district (CB).

(6)

Industrial district (I).

(7)

Conservancy district (CN).

(8)

Urban transitional district (UT).

(Code 1992, § 17.06(1))

The boundaries of the zoning districts are hereby established as shown on the map entitled "Zoning Map of Cameron, Wisconsin," dated September 14, 1992. This official map and all explanatory matter thereon and attached thereto is adopted by reference and declared to be part of this chapter. The map and all official explanatory matter attached thereto shall bear the signature of the village clerk-treasurer and shall be on file in the office of the village clerk-treasurer.

(Code 1992, § 17.06(2))

When uncertainty exists with respect to the boundaries of the various districts, as shown on the map, the following shall apply:

(1)

District boundary lines are either the centerlines of railroads, highways, streets, alleys or easements or the boundary lines of sections, quarter sections, divisions of sections, tracts or lots, or such lines extended unless otherwise indicated.

(2)

In areas not subdivided into lots and blocks, wherever a district is indicated as a strip adjacent to and parallel to a street or highway, the depth of such strips shall be in accordance with the dimensions shown on the map measured at right angles from the centerline of the street or highway, and the length of frontage shall be in accordance with dimensions shown on the map from section, quarter section or division lines or centerlines of streets, highways or railroad rights-of-way unless otherwise indicated.

(Code 1992, § 17.06(4))

All streets, alleys, public ways, waterways and railroad rights-of-way, if not otherwise specifically designated, shall be deemed to be in the same district as the property immediately abutting them. Where the centerline serves as a district boundary, the zoning of the right-of-way shall be deemed to be the same as that of the abutting property up to such centerline unless otherwise specifically designated.

(Code 1992, § 17.06(5))

The following uses shall be treated as permitted uses in all zoning districts:

(1)

Temporary buildings for construction purposes for a period not to exceed the completion date of such construction.

(2)

Uses which are customarily attendant or incidental to any permitted or conditional use in a particular district, provided that such uses do not endanger or diminish the health, comfort and welfare of the neighborhood, do not generate more traffic and do not constitute public or private nuisances.

(3)

Accessory uses, including off-street parking and loading as provided by this chapter.

(4)

Signs; however, the types of signs permitted in particular districts shall be regulated by sections 34-747 and 34-748.

(5)

Certain municipal facilities excluded from particular districts may be permitted in those districts under appropriate conditions by the plan commission.

(Code 1992, § 17.06(6))

The one-family residential district (R-1) is intended to provide a quiet, spacious living neighborhood in which residents are protected from hazards such as fire; nuisances such as noise, odors, vibration, congestion and environmental and aesthetic degradation; and uses which are incompatible with the provisions of this chapter for this district.

(Code 1992, § 17.07(1))

The following uses are permitted in the one-family residential district (R-1):

(1)

One-family detached dwellings, except manufactured or mobile homes.

(2)

Home occupations.

(3)

Parks, forest preserves and recreational areas when publicly-owned and operated.

(4)

Schools, kindergarten through grade 12, non-boarding.

(5)

Government offices, post offices and libraries.

(6)

Detached accessory buildings located ten feet behind the principal building.

(7)

Private garages.

(Code 1992, § 17.07(2))

The following uses are permitted conditionally in the one-family residential district (R-1), subject to the provisions of article IV, division 3, of this chapter:

(1)

Private-for-profit golf courses and swimming pools.

(2)

Boarding schools.

(3)

Post-secondary educational institutions or seminaries.

(4)

Churches and places of public worship.

(5)

Offices of charitable and nonprofit institutions.

(6)

Funeral homes and crematoriums.

(7)

Cemeteries and mausoleums.

(8)

Temporary real estate offices.

(9)

Private and public regulated utilities such as telephone exchanges or electric substations.

(10)

Railroad rights-of-way and trackage, but not including classification yards, terminal facilities.

(11)

Historical and cultural features and structures.

(Code 1992, § 17.07(3))

The following are the area regulations and requirements for the one-family residential district (R-1):

(1)

Lot area: Minimum 10,000 square feet.

(2)

Lot width: Minimum 100 feet at the building line.

(3)

Front yard setback: 30 feet.

(4)

Side yard setback for principal building: Ten feet.

(5)

Corner lot street-side side yard setback: 30 feet.

(6)

Side and rear yard setback for accessory building: Three feet.

(7)

Rear yard setback: 20 feet.

(8)

Building height: Maximum 35 feet.

(Code 1992, § 17.07(4); Ord. No. 00-3, § I, 8-14-2000)

Every lot shall front on a public street, from which street access to the lot shall be available, except a lot may front on a parcel of land over which a permanent easement has been granted, provided the permanent easement meets the following requirements:

(1)

The easement is permanently granted in a document that has been properly recorded in the county register of deeds office.

(2)

The recorded easement acknowledges and accepts the owner's duty to maintain the easement's improvements including, but not limited to, signage, winter maintenance and surface repair.

(3)

The easement is at least 25 feet in width.

(Code 1992, § 17.07(5); Cr. Ord. No. 1-04, 2-9-2004)

The R-2 district is intended to provide a living environment similar in all respects to the R-1 district, although with a higher population density.

(Code 1992, § 17.08(1))

The following uses are permitted in the two-family residential district (R-2):

(1)

All uses permitted in the one-family residential district (R-1).

(2)

Two-family dwellings.

(Code 1992, § 17.08(2))

The following uses are permitted conditionally, subject to the provisions of article IV, division 3, of this chapter:

(1)

All uses permitted conditionally in the one-family residential district (R-1).

(2)

Sheltered care housing for elderly persons.

(Code 1992, § 17.08(3))

The following are the area regulations and requirements for the two-family residential district (R-2):

(1)

Lot area: Minimum 10,000 square feet.

(2)

Lot width: Minimum 100 feet at the building line.

(3)

Front yard setback: 30 feet.

(4)

Side yard setback for principal building: Ten feet.

(5)

Corner lot street-side side yard setback: 30 feet.

(6)

Side and rear yard setback for accessory building: Three feet.

(7)

Rear yard setback: 20 feet.

(8)

Building height: Maximum 35 feet.

(Code 1992, § 17.08(4); Ord. No. 00-3, § II, 8-14-2000)

The R-3 district is intended to provide a living environment similar in all respects to the R-1 district, although with a higher population density and greater diversity of housing types.

(Code 1992, § 17.09(1))

The following uses are permitted in the multifamily residential district (R-3):

(1)

All uses permitted in the R-1 and R-2 districts.

(2)

Multifamily dwellings and apartments.

(3)

Rest homes and nursing homes.

(4)

Private nonprofit clubs and lodges.

(5)

Offices of charitable and nonprofit institutions.

(6)

Churches and places of public worship.

(Code 1992, § 17.09(2))

The following uses are permitted conditionally, subject to the provisions of article IV, division 3, of this chapter:

(1)

All permitted conditional uses in the R-1 and R-2 districts.

(2)

Manufactured home and mobile home parks designed according to the provisions of division 10 of this article.

(3)

Hospitals, sanatoriums and clinics.

(4)

Child care facilities.

(Code 1992, § 17.09(3))

The following are the area regulations and requirements for the multifamily residential district (R-3):

(1)

Lot area: Minimum 10,000 square feet; minimum lot area per dwelling unit, 2,500 square feet.

(2)

Lot width: Minimum 100 feet at the building line.

(3)

Front yard setback: 20 feet.

(4)

Side yard setback for principal building: Eight feet.

(5)

Corner lot street-side side yard setback: 20 feet.

(6)

Side and rear yard setbacks for accessory buildings: Three feet.

(7)

Rear yard setback: 20 feet.

(8)

Building height: Maximum 35 feet.

(Code 1992, § 17.09(4); Ord. No. 00-3, § IV, 8-14-2000)

The CG district is established to accommodate the general business and commercial activities of the village, including all retail sales and services and a limited number of selected wholesale and compatible noncommercial uses.

(Code 1992, § 17.10(1))

The following uses are permitted in the general commercial district (CG):

(1)

Retail sales establishments.

(2)

Financial institutions.

(3)

Personal and business service establishments.

(4)

Automotive and equipment service establishments, including gasoline service stations.

(5)

Commercial and professional offices.

(6)

Hotels and motels.

(7)

Restaurants, cafes, taverns and bars, including drive-in eating places.

(8)

Theaters, bowling alleys and places of amusement.

(9)

Auditoriums, community centers, churches and other places of public assembly.

(10)

Government offices, post offices and libraries.

(11)

Private clubs and lodges.

(12)

Historic and cultural features and buildings.

(13)

Bus depots.

(14)

Parking lots.

(15)

Parks, forest preserves and recreation areas when publicly owned and operated.

(Code 1992, § 17.10(2))

The following uses are permitted conditionally, subject to the provisions of article IV, division 3, of this chapter:

(1)

Wholesale establishments.

(2)

Warehouses for local wholesale and retail establishments or for personal property, but not including industrial warehouses and distribution centers.

(3)

Rest homes and nursing homes.

(4)

Hospitals, sanatoriums and clinics.

(5)

Penal or correctional institutions.

(6)

Veterinary hospitals and clinics.

(7)

Commercial boarding and breeding kennels.

(8)

Telephone exchanges, electric substations and booster stations and similar installations of publicly-regulated utilities.

(9)

Private-for-profit outdoor recreation areas, including golf courses, miniature golf courses, swimming pools and campgrounds.

(10)

Elementary, secondary and post-secondary schools.

(11)

One-family, two-family and multifamily dwellings plus customary accessory buildings.

(12)

Railroad rights-of-way, trackage and terminals, but not including classification yards and maintenance facilities.

(Code 1992, § 17.10(3))

The following uses are prohibited in the general commercial district (CG):

(1)

Sale and storage of livestock.

(2)

Bulk sale and storage of grain, fertilizer and petroleum products.

(3)

Sale and storage of metals, minerals, stone, scrap and waste materials, except in small quantities as part of the stock of a hardware or building materials establishment.

(Code 1992, § 17.10(4))

The following are the area regulations and requirements for the general commercial district (CG):

(1)

Lot area: Minimum 10,000 square feet.

(2)

Lot width: Minimum 100 feet at the building line.

(3)

Front yard setback: 20 feet.

(4)

Side yard setback for principal building: None required where lot abuts the CG, CB or I district and eight feet where the lot abuts an R or UT district.

(5)

Side and rear yard setback for accessory buildings: None required where lot abuts a CG, CB or I district and three feet where lot abuts an R or UT district.

(6)

Rear yard setback: 20 feet.

(7)

Building height: Maximum 35 feet.

(8)

Residential regulations. When a dwelling unit is a secondary use in the same building as a primary permitted or conditionally permitted use, the building shall meet the dimensional requirements of this section. Where a dwelling unit is the primary conditionally permitted use of a lot, the building shall meet the dimensional requirements of the corresponding residential district.

(Code 1992, § 17.10(5))

The village board may designate a central business district, the purpose of which is to maintain certain elements of the traditional appearance of the downtown area by permitting higher building densities and limited on-street parking in and near the established commercial core of the village.

(Code 1992, § 17.11(1))

Uses, lots and buildings shall be subject to all of the regulations of the CG district, with the following exceptions:

(1)

Lot area: Minimum 2,500 square feet.

(2)

Lot width: Minimum 25 feet at the building line.

(3)

Setbacks: None required.

(4)

Parking: The village board may exempt a commercial use from the off-street parking requirements of this chapter if there is adequate off-street parking or safe on-street parking elsewhere in the CB district.

(Code 1992, § 17.11(2))

All outdoor storage areas shall be screened by a site-obscuring fence or vegetation when the storage area is adjacent to a residential district.

(Code 1992, § 17.11(3))

The I district provides a place for all industrial activities, as well as wholesale and research establishments, where interference between industrial activities on the one hand and commercial and residential activities on the other is minimized. Any industrial use may be permitted, except one which would endanger the health or safety of residents or would create a public or private nuisance by generating excessive noise, smoke, traffic, air or water pollution.

(Code 1992, § 17.12(1))

The following uses are permitted in the industrial district (I):

(1)

Wholesale establishments.

(2)

Warehouses and distribution centers.

(3)

Production, processing, servicing, testing, repair and storage of materials, equipment and goods.

(4)

Research establishments and laboratories.

(5)

Public service uses, including filtration plants, pumping stations, water reservoirs, sewage treatment plants, garbage incinerators, garages and shops, storage yards, and police and fire stations.

(6)

Publicly-regulated utility installations, including telephone exchanges, telephone service garages and shops, and electric substations and booster stations.

(7)

Railroad rights-of-way, including trackage, terminals, classification yards and maintenance facilities.

(8)

Uses prohibited in the CG district, except scrap yards.

(Code 1992, § 17.12(2))

The following uses are permitted conditionally, subject to the provisions of article IV, division 3, of this chapter:

(1)

Stone and gravel pits and quarries, including incidental uses such as crushing and sorting equipment and storage yards.

(2)

Scrap yards, junk yards and automobile salvage yards.

(3)

Airports.

(Code 1992, § 17.12(3))

All other uses, i.e., residential, commercial, public and semi-public, are prohibited, except that a dwelling may be provided for a caretaker if an industrial activity requires constant supervision.

(Code 1992, § 17.12(4))

The following are the area regulations and requirements for the industrial district (I):

(1)

Lot area: Minimum 10,000 square feet.

(2)

Lot width: Minimum 100 feet at the building line.

(3)

Front yard setback: 30 feet.

(4)

Side yard setback for principal building: 20 feet.

(5)

Side and rear yard setback for accessory building: Three feet.

(6)

Rear yard setback: 20 feet.

(7)

Building height: Maximum 35 feet.

(Code 1992, § 17.12(5))

All outdoor storage areas shall be screened by a site-obscuring fence or vegetation when the storage area is adjacent to a residential district.

(Code 1992, § 17.12(6))

Land in the CN district is either naturally unsuitable for urban development or is most appropriately used for conservation and recreation activities. Unique natural features, habitat for native flora and fauna, wetlands, floodplains and floodways may be protected by designation in this district. The principal permitted human activities are related to outdoor recreation and forest and wildlife management. Conservancy district designation cannot substitute for public purchased lands.

(Code 1992, § 17.13(1))

The following uses are permitted in the conservancy district (CN):

(1)

Management of forestry, wildlife and fish.

(2)

Hunting, fishing and trapping.

(3)

Harvesting of wild crops such as marsh hay, ferns, moss, fruit, berries and tree seeds.

(4)

Bicycle, hiking and equestrian trails.

(5)

Parks and forest preserves.

(6)

Transmission lines.

(Code 1992, § 17.13(2))

The following uses are permitted conditionally, subject to the provisions of article IV, division 3, of this chapter:

(1)

Dams and water storage and pumping facilities.

(2)

Electric substations and booster stations.

(3)

Golf courses.

(4)

Public parking areas.

(Code 1992, § 17.13(3))

The following are the area regulations and requirements for the conservancy district (CN):

(1)

Lot area: Minimum one acre.

(2)

Lot width: Minimum 125 feet at the building line.

(3)

Front yard setback: 30 feet.

(4)

Side yard setback for principal building: Ten feet.

(5)

Side and rear yard setback for accessory building: Ten feet.

(6)

Rear yard setback: 25 feet.

(7)

Building height: Maximum 35 feet.

(8)

Nonconforming lots: Failure of a lot to meet the minimum area and width requirements of this section shall not prevent its owner from enjoying the principal permitted uses of the CN district on undeveloped portions of the lot. This exemption shall not apply to any lot created after the effective date of the ordinance from which this chapter is derived.

(Code 1992, § 17.13(4))

The UT district is intended to prevent premature development at urban densities on otherwise suitable land which is not served by streets, utilities and community facilities at the time of designation. The UT district also permits limited agricultural activity on land within the village limits.

(Code 1992, § 17.14(1))

The following uses are permitted in the urban transitional district (UT):

(1)

Agricultural, horticultural and forestry activities, including crop and tree farming, truck gardening and gardening, but not including animal husbandry.

(2)

Home occupations are permitted in existing dwellings and in dwellings constructed as conditional uses hereafter.

(3)

Parks, forest preserves and recreational areas when publicly-owned and operated.

(Code 1992, § 17.14(2))

The following uses are permitted conditionally, subject to the provisions of article IV, division 3, of this chapter:

(1)

One-family detached dwellings.

(2)

Manufactured home and mobile home parks designed according to the provisions of division 10 of this article.

(3)

Elementary, secondary and post-secondary schools.

(4)

Churches and places of public worship.

(5)

Sheltered care housing for elderly persons.

(6)

Rest homes and nursing homes.

(7)

Hospitals, sanatoriums and clinics.

(8)

Funeral homes and crematoriums.

(9)

Cemeteries and mausoleums.

(10)

Gold courses.

(11)

Private nonprofit clubs and lodges.

(12)

Wholesale nursery operations.

(13)

Sale of goods produced on the premises, provided that only temporary stands and existing buildings are used for selling.

(14)

Public service uses, including filtration plants, pumping stations, water reservoirs, sewage treatment plants, garbage incinerators, sanitary landfills, garages and shops, storage yards, and police and fire stations.

(15)

Publicly-regulated utility installations, including telephone exchanges, telephone service garages and shops, and electric substations and booster stations.

(Code 1992, § 17.14(3))

The following are the area regulations and requirements for the urban transitional district (UT):

(1)

Lot area: Minimum five acres.

(2)

Lot width: Minimum 300 feet at the building line.

(3)

Front yard setback: 30 feet.

(4)

Side yard setback for principal building: 25 feet.

(5)

Side and rear yard setback for accessory buildings: Ten feet.

(6)

Rear yard setback: 25 feet.

(7)

Building height: Maximum 35 feet.

(Code 1992, § 17.14(4))

It is the intent and purpose of this section to regulate the placing of mobile and manufactured homes of all types and varieties in the village with regard to providing adequate standards to protect the public health, safety, morals, convenience and general welfare.

(Code 1992, § 17.15(1))

No manufactured home or mobile home, as defined in section 34-3, shall be occupied or used for living or sleeping purposes unless it is located in an area that has been granted an appropriate permit by the zoning administrator. Temporary manufactured homes, mobile homes or travel trailers used on construction projects or in conjunction with carnivals and circuses may be permitted when approved by the zoning administrator.

(Code 1992, § 17.15(2))

The following regulations shall apply to mobile and manufactured home parks:

(1)

Purpose. The purpose of the manufactured home and mobile home park is:

a.

To provide regulations and standards for the development of a safe, health and well-designed community for permanent manufactured home and mobile home living.

b.

To provide, in appropriately located areas within specific districts, sites for manufactured home and mobile home living developed at reasonable density consistent with sound standards of public health and safety.

c.

To comply, as much as possible, with the objectives and purposes of each district in which manufactured home and mobile home parks are located.

d.

To ensure adequate light, air, access and open space for each mobile living unit.

e.

To regulate the manufactured home and mobile home park so that it will complement the land use policy of the district.

(2)

Placement. Manufactured home and mobile home parks may be permitted in the R-3 and UT districts in accordance with the provisions of this section.

(3)

Administration.

a.

Application conference. Prior to applying for a conditional use permit, the applicant is required to confer with the plan commission. A conference shall be scheduled by the plan commission within 30 days after receipt of the following basic information and data, accurately displayed on maps:

1.

The boundaries of the property.

2.

Existing easements and covenants affecting the property.

3.

Land characteristics such as natural drainage, swamp areas and wooded areas.

4.

Development characteristics such as surrounding streets, existing buildings, available community sewer, water and other utilities.

5.

An overall land use development plan delineating the street system, parking areas, concrete pads, recreational areas, public and private utility installations and any additional on-site improvements. Accompanying the land use development plan shall be a phasing plan for the development of the project.

b.

Plan commission review and recommendation. The plan commission shall review the proposed conditional use permit to determine its conformity with land development trends in the community; standards of the official comprehensive plan; and recognized principles of design, land use planning and landscape architecture. The plan commission shall convey to the applicant, in writing, the following:

1.

Approval;

2.

Approval with conditions;

3.

Approval with modifications; or

4.

Rejection of the proposal.

This communication must be made within 60 days of receipt of the conditional use permit application.

c.

Conditional use permit filing procedure. After receipt of a written report from the plan commission, the applicant may file for a conditional use permit in accordance with the provisions of article IV, division 3, of this chapter.

1.

Findings of fact. Within 30 days after the close of the public hearing on the proposed conditional use permit, the village board shall make a written findings of fact. The village board shall base its determination on the following:

(i)

The establishment of a proposed manufactured home and mobile home park will not be detrimental to or endanger the public health, safety, morals, comfort or general welfare.

(ii)

The proposed manufactured home and mobile home park will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted nor substantially diminish and impair property values within the neighborhood.

(iii)

The proposed manufactured home and mobile home park will not impede the normal or orderly development and improvement of the surrounding property for uses permitted in the district.

(iv)

Adequate utilities, access roads, drainage and other necessary facilities have been, are being or will be provided.

(v)

Adequate measures have been or will be taken to provide ingress and egress so designed as to minimize traffic congestion in the public streets.

2.

Effect of denial. No application for a conditional use permit which has been denied wholly or in part by the village board shall be resubmitted for a period of one year from the date of said denial, except on the grounds of new evidence or proof of changed conditions found to be valid by the plan commission.

(4)

Park requirements.

a.

A manufactured home and mobile home park may be permitted by a conditional use permit in the R-3 and UT districts.

b.

Manufactured home and mobile home parks may be permitted on parcels or lots of record of not less than 200,000 square feet of area.

c.

In addition to subsections (4)a. and b. of this section, all manufactured home and mobile home parks shall be developed in accordance with design standards set forth in subsection (5) of this section.

(5)

Design and performance standards.

a.

There shall be a maximum of six manufactured homes or mobile homes per gross acre.

b.

There shall be a minimum of 5,000 square feet of site area per manufactured home or mobile home. In no case may a manufactured home or mobile home occupy more than 25 percent of any lot.

c.

A manufactured home or mobile home park shall provide indoor and outdoor community use facilities and recreation open spaces of which not less than 5,000 square feet in area for each ten acres or portion thereof shall be developed for use by children. The aggregate community use facilities and open spaces shall not be less than 200 square feet for each manufactured home or mobile home space.

d.

Not more than one conventional dwelling unit shall be located in any facility granted a conditional use permit under this section.

e.

No manufactured home or mobile home or dwelling unit shall be located in a required front yard or less than 25 feet from the property line of the manufactured home or mobile home park boundary.

f.

Only one manufactured home or mobile home may be located on a manufactured home or mobile home site as designated in a manufactured home or mobile home park and subject to the following yards and setbacks:

1.

Front yard and rear yard shall be a minimum of ten feet.

2.

Side yards shall be a minimum of five feet.

3.

There shall be a minimum distance of 20 feet between manufactured homes or mobile homes and/or other principal permitted structures.

g.

The only accessory structure permitted shall be a temporary sun or wind shelter and/or a storage building with a minimum size of ten feet by ten feet, and garages for the storage of motor vehicles.

h.

All streets for automobile circulation shall have widths as follows:

1.

Two-way streets.

2.

One-way streets.

i.

A minimum of 1½ improved parking spaces shall be provided for each manufactured home or mobile home, one of which shall be on the manufactured home or mobile home site.

j.

All utilities, including television service, shall be underground.

k.

Fencing and landscaping.

1.

Adequate landscaping shall be provided, including trees and shrubs, around the perimeter of the manufactured home or mobile home park.

2.

Additional fencing and landscaping, including perimeter fencing along interior, side and rear lot lines, may be recommended by the plan commission as part of the conditional use permit for the manufactured home or mobile home park.

l.

A designated camp and travel trailer and boat storage area shall be provided with an aggregate area of 50 square feet per manufactured home or mobile home space.

(Code 1992, § 17.15(3))

The planned unit development (PUD) zoning district is intended to permit landowners greater flexibility in their developments on a site project basis to accommodate a variety of uses and configurations for mixed use developments and clustering of buildings, and the adjustment of density, setbacks, lot width, size and coverage, bulk, height or type of dwelling, and other development standards where appropriate. A planned unit development (PUD) zoning district is a mixed use development to be constructed and maintained by a single owner or group of owners acting through a corporation; located on a single tract; planned as an entity and therefore acceptable for development and regulation as one land use.

(Code 1992, § 17.151(1); Cr. Ord. No. 2-04, 4-12-2004)

The purpose of a PUD zoning district is to establish procedures and standards for such development within the community in order that one or more of the following objectives may be attained:

(1)

Flexibility in design to take the greatest advantage of natural land, trees, historical and other features.

(2)

Accumulation of areas of usable common open space for recreation, preservation of natural amenities, and provision of community facilities.

(3)

Creation of a variety of residential and compatible neighborhood arrangements that give the home occupant greater choice in selecting types of environment and living units.

(4)

Clustering of one residential type for better use of land and open space.

(5)

Allowance of sufficient freedom for the developer to take a creative approach to the use of land and related physical development, as well as utilizing innovative techniques to enhance the visual character of the municipality.

(6)

Efficient use of land which may result in reduction in development and maintenance costs of street and utility systems.

(7)

Establishment of criteria for the inclusion of compatible associated uses to complement the residential areas within the PUD.

(Code 1992, § 17.151(2))

This section shall detail the accepted permitted uses to be permitted in the PUD as defined in this section. A building may be erected or used and a lot may be used or occupied for any of the following purposes, alone or in combination with one another, subject to the approval of the site development plan prepared and reviewed in accordance with the provisions of this section:

(1)

Single-family dwelling units.

(2)

Two-family dwelling units.

(3)

Multiple-family dwelling units.

(4)

Condominiums subject to the requirements of Wis. Stats. ch. 703.

(5)

Common open spaces and recreation areas, including natural unimproved land, recreational facilities such as but not limited to lots, play fields, swimming pools, tennis courts, ice skating rinks, walking and bicycle trails, and other similar uses.

(6)

Nonresidential uses of religious, public or semipublic, cultural, educational, or commercial character, subject to the following:

a.

Such nonresidential uses shall be compatible with and secondary to the primary residential uses and be integrated into the overall site development plan.

b.

The total area of such nonresidential uses in the PUD shall not exceed ten percent of the gross area of the zoning district.

c.

A PUD shall have a minimum of 20 contiguous acres before commercial uses are allowed.

d.

No building permit for any nonresidential use shall be issued prior to the complete construction of at least 60 percent of the dwelling units within the PUD, except for building permits modifying 50 percent or less of existing nonresidential uses.

(7)

Accessory uses commonly identified with various residential and nonresidential commercial uses such as accessory buildings, off-street parking lots and loading areas in conformance with standards outlined in the parking and access requirements section of the zoning code, and other similar uses.

(Code 1992, § 17.151(3))

The minimum PUD parcel size area allowed for various permitted uses shall be five contiguous acres.

(Code 1992, § 17.151(4))

The PUD density requirements for various residential uses per acre are as follows:

(1)

Single-family dwelling units: Five units per acre.

(2)

Two-family dwelling units: Eight units per acre.

(3)

Multifamily dwelling units: 30 units per acre.

(Code 1992, § 17.151(5))

(a)

Height requirements for various residential land uses in the PUD shall be as follows:

(1)

Single-family and two-family dwelling units: 35 feet.

(2)

Multifamily dwelling units: 35 feet.

(b)

Height requirements for commercial land uses in the PUD shall be as follows: 35 feet.

(c)

Setback requirements for various residential land uses in the PUD shall be as follows:

(1)

Front yard setback: 25 feet.

(2)

Rear yard setback: 25 feet.

(3)

Side yard setback: 20 feet.

(d)

Setback requirements for various commercial land uses in the PUD shall be as follows:

(1)

Front yard setback: 25 feet.

(2)

Rear yard setback: 25 feet.

(3)

Side yard setback: Six feet.

(e)

These requirements may be waived or reduced if the developer can show good causes that the setbacks are not necessary in the district for health, safety and general welfare of the residents.

(Code 1992, § 17.151(6))

The PUD perimeter shall be designed and used in such a way as to harmonize uses, scale, structure heights, setbacks, and mass with existing or planned adjacent or nearby development. Reasonable provisions relating to lighting, landscaping, screening, buffering, activity areas, land uses, setbacks, structure heights, width, length, orientation, or similar characteristics of the development may be imposed to ensure this compatibility.

(Code 1992, § 17.151(7))

The minimum spacing allowed between buildings shall not be less than required by the applicable building codes. However, greater distances may be required, taking into consideration the need for privacy, light and ventilation, fire and safety, traffic circulation and open space.

(Code 1992, § 17.151(8))

The developers shall, when required, incorporate architectural control provisions in the protective covenants for the PUD in an effort to maintain long-term property values and the architectural integrity of the development.

(Code 1992, § 17.151(9))

(a)

All publicly-dedicated streets, utilities and all drainage facilities shall be designed in accordance with village codes, ordinances and policies.

(b)

Private streets shall only be permitted as approved on the general development plan.

(c)

Hook-up charge shall be $500.00 per each metered water connection which also includes the sanitary sewer connection. If a water or sewer main is required to be tapped the charge will be $500.00 plus the cost of time and materials to repair the excavation to original condition as determined by the director of public works.

(d)

Hook-up charge may be amended by the governing body from time to time.

(Code 1992, § 17.151(10); Ord. No. 2021-01, § VII, 3-8-2021)

(a)

The site development plan shall provide for suitable vehicular and pedestrian access to the PUD. Principal vehicular access points shall be designed to permit smooth traffic. Minor streets within the PUD shall not be connected to streets outside the development area in such a way as to encourage their use by through traffic.

(b)

All nonresidential land uses within a PUD shall have direct access to a primary street in order to avoid excessive traffic generation in residential sections of such development.

(Code 1992, § 17.151(11))

In order to protect the integrity of a PUD, and where deemed necessary to provide protection to adjacent properties, landscaping, screening, fencing, and buffering may be required as part of the site development plan. If so required, a screening and landscaping plan shall be submitted for approval in conjunction with the final implementation plan approval of each phase of the PUD review process. Landscape plans shall show the location, species of plant material and the size of all plant materials. Screening plans shall include typical details of fences, berms and plant materials to be used. Any desired fencing shall conform to municipal requirements documented in this section.

(Code 1992, § 17.151(12))

Signage for residential, nonresidential and commercial land uses to be found in the PUD shall be in conformance with the article V of this chapter.

(Code 1992, § 17.151(13))

Outdoor street lighting for either standard or ornamental lighting fixtures shall conform to the village's outdoor street light policy.

(Code 1992, § 17.151(14))

Sidewalks shall be required for pedestrian and bicyclist usage in conformance with various ADA requirements and any village requirements.

(Code 1992, § 17.151(15))

Common open space shall be provided in the PUD zoning district subject to the following standards:

(1)

Since the PUD concept of development is intended to provide more functional open space and to make more functional open space and to make more efficient use of land, utilities and other improvements at least 25 percent of the total gross land area of the zoning district, exclusive of areas listed in subsection (4) of this section shall be permanently reserved as common open space.

(2)

Common open space may be held in common, be privately-owned, or dedicated to the public, or any combination thereof. Any land dedicated to the public shall be officially accepted by the village board before such dedication becomes valid. Land dedicated to the public may, upon village board approval, be considered part of the required open space for the PUD.

(3)

Common open space areas shall be designed creatively, add to the overall appearance and aesthetic qualities of the PUD, and be truly functional in providing for the open space and recreational needs of the residents of the PUD.

(4)

The following areas shall not be included in calculating the minimum required amount of the common open space for the PUD:

a.

Open space less than ten feet wide, unless approved by the plan commission as a common pathway system.

b.

Existing or proposed street rights-of-way (ROWS).

c.

Parking areas and driveways.

d.

Building sites, unless used for recreational purposes.

e.

Other suitable land as determined by the plan commission.

(5)

Up to 25 percent of the required common open space may consist of designated floodway, the surface area of the water bodies and/or areas having slopes greater than 30 percent only if the plan commission finds that said areas are:

a.

Available by legal right for the use and enjoyment of the residents of the PUD.

b.

Functional in providing for the open space and outdoor recreation needs of the PUD.

c.

Safely and conveniently accessible to the residents of the PUD.

(6)

Common open space areas shall be distributed equitably throughout the PUD in relation to the location of the dwelling units they are intended to serve.

(7)

The plan commission may require a reasonable area of the common open space to be developed and improved for active recreational use commensurate with the anticipated need for such private recreational facilities by the intended future occupants of the dwelling unit.

(8)

In the case of a PUD being developed in phases, at least 20 percent of the gross area of each phase of the PUD (subject to site development plan approval) shall be reserved for open space at all times, unless the plan commission allows such requirement to be waived.

(9)

At the time of site development plan approval, provision must be demonstrated for the ownership and perpetual care and maintenance of all common open space areas. Areas designated as common open space shall be permanently reserved as such, using appropriate legal instruments as approved by the village attorney, at the time of site development plan approval. Covenants or other legal arrangements shall specify: ownership of the common open space, method of maintenance, responsibility of maintenance, maintenance, taxes and insurance, compulsory membership and assessment provisions, guarantees that any entity formed to own and maintain the common open space will not be dissolved without the consent of the village board, and any specifications deemed reasonably necessary by the governing body.

(10)

If the common space contains buildings or other facilities as part of the site development plan, the developer shall provide legal arrangements or sureties as a part of the site development plan submittal, as approved by the village attorney, to ensure that such improvements are completed.

(Code 1992, § 17.151(16))

In the event that the organization established to own and maintain common open space, or any successor organization, shall at any time after establishment of the PUD fail to maintain the common open space in reasonable order and condition in accordance with the plan, the village may initiate actions in accordance with regulations as provided for in chapter 14 or in accordance with section 34-464, whichever is more applicable.

(Code 1992, § 17.151(17))

The property owner or developer, during site development plan review, shall provide to the village written documentation as to the proprietary ownership of the PUD being requested for development. Such written documentation shall also declare whether such PUD will be assessable under state statutes or will make payments in lieu of taxes. Should the requested PUD be held by a private association, a written declaration and covenants associated with such relationship, shall be made known to the village. Should the property owner or developer, in connection with any private association, desire the development of private infrastructure improvements and related amenities, such shall be declared in writing during site development plan review. Development of such private infrastructure improvement and related amenities may include, but not be limited to, streets, outdoor streetlights, sidewalks, trails, snowplowing, maintenance of such infrastructure and the like. The village, as a condition to any and all placement of private infrastructure within the requested PUD, shall require from the property owner, developer or private association a written agreement that should such private enterprise fail by means established by legal process, that an option be granted to the municipality that will empower it to have full ownership over private infrastructure improvements, including the right to special assessments to bring them to the level of urban infrastructure development expected within the community. Any agreements reached between the property owner, developer, private association and the village in reference to covenants, easements, options or rights shall be recorded with the county register of deeds.

(Code 1992, § 17.151(18))

Any property owner, developer or multi-party arrangement thereof (or the applicant) shall notify the plan commission of its intent to establish such in either an existing area zoned as such or by means of rezoning a parcel of property for the establishment of such a zoning district. Application for rezoning of a property parcel to the PUD zoning district must occur and be concluded prior to discussion of any site development plans for such an area. The PUD process shall involve three stages of activity, as follows:

(1)

Pre-application conference.

(2)

Site development plan.

(3)

Final development plan.

(Code 1992, § 17.151(19))

The purpose of the pre-application conference is to provide a two-way communication between the applicant and the village administrative staff regarding the legal, planning and engineering aspects of the desired development. Accordingly, the applicant shall submit sketches and other pertinent information to the plan commission for review and discussion by other municipal departments prior to submittal of a site development plan. Sketches shall include the entire area of the proposed PUD, even if the PUD is to be developed in phases. A pre-application meeting will be held to consider the following: success in achieving the purposes of the PUD zoning district section requirements; adequacy of public and private services and facilities; ability to conform with all applicable codes, ordinances and policies; utilization of commonly accepted principles of good site planning; and consistency with the master plan. Submittal requirements for the site development plan will be reviewed as part of the pre-application conference. A submittal item may be waived as part of this review if determined to be not needed, already known, or needed at a future stage.

(Code 1992, § 17.151(20))

(a)

Upon completion of the pre-application conference, the applicant may file a site development plan for review with the plan commission. The purpose of the site development plan review is to establish the framework for future development, traffic circulation/access off-street parking, stormwater drainage, general utility locations, common open space, location and management of common areas, general landscaping treatment and similar development components. The site development plan should include the entire area of the intended PUD, even if the PUD is to be developed in stages. All subsequent final implementation plans for such area shall be in conformance with the approved site development plan. The site development plan may be amended using the same procedure for the initial site development plan approval. Submittal requirements for a site development plan shall include all the requirements so documented by this section. Upon receipt of the site development plan with all necessary information called for by this section, such shall be reviewed and discussed between the village administrative staff and the applicant to ensure that the proposed PUD complies with all codes, ordinances, and policies of the village. The applicant shall submit, for site development plan review, the following:

(1)

Statement of development concept, including the planning objectives and the character of development to be achieved through the PUD.

(2)

A scaled map of the project area, including its relationship to surrounding properties and existing topography and key features.

(3)

The pattern of proposed land use, including shape, size and arrangement of proposed use areas, density and environment character (meaning single-family, two-family or multifamily dwelling units, and the like).

(4)

The pattern of public and for private streets.

(5)

The location, size and character of recreational and open space areas reserved or dedicated for public uses such as recreational areas and common open space areas.

(6)

Preliminary engineering plans, including site grading, street improvements, drainage, and public utility extensions.

(7)

Preliminary landscaping plans.

(8)

Preliminary building plans, including floor plans and exterior designs or elevations.

(9)

Development schedule indicating the appropriate date when construction of the PUD can be expected to begin and be completed, including initiation and completion dates of separate stages of a phased development.

(10)

General outline of intended organization structure related to property owners association, deed restrictions, and private provision of common services.

(11)

Statement of financing plan, including sources and amounts of funds.

(12)

Statement of intentions regarding the future selling or leasing of all portions of the PUD, such as areas, dwelling units and public facilities, and the like.

(13)

Any additional information required by the plan commission necessary to evaluate the character and impact to the proposed PUD.

(b)

Once village administrative staff have concluded their review as required by this section to the applicability of the proposed PUD to all municipal codes, ordinances, and policies, such site development plan may be forwarded to the plan commission for consideration. The plan commission shall review the proposed site development plan in the context of the requirements of this section and take into consideration comments from the applicant, village administrative staff and any others. The plan commission shall, within a period not to exceed 60 days, make a decision as to whether or not it shall forward the site development plan to the village board for approval or denial. The plan commission during its review of the site development plan may have other reasonable requirements for the proposal as a condition of its recommendation of approval to the governing body. The village board shall have a period not to exceed 60 days to approve or deny the plan commission recommendation upon the proposed site development plan.

(Code 1992, § 17.151(21))

Shall the village board approve the proposed site development plan, a final development plan for all or a portion of the PUD shall be submitted to the village administrative staff within six months from the time of approval. Should a single phase of the PUD be submitted, the applicant submitting such, may combine the site development plan and final development plan phases of the review process into a single final development plan, in which case, review and approval of such plan shall occur using the procedure set forth in article II, division 4, of this chapter. The purpose of the final development plan is to finalize the detailed planning, engineering, design, ownership, management, maintenance, and timing aspects of the development. For this reason, it is anticipated that a final development plan will normally be prepared only for those portions of a PUD which are expected to be developed in the immediate future. The final development plan shall be in substantial conformance with the approved site development plan. Should the final development plan significantly deviate from the approved site development plan, the applicant responsible shall submit an amendment for approval by the plan commission and village board set forth in this section. Examples of such amendments to the PUD site development plan include, but are not limited to, changes in the general layout and design of the PUD; the area encompassed by the PUD, the overall density of dwelling units; the number of dwelling units; the mix, magnitude and intensity of residential or nonresidential types of land uses; the parking and traffic circulation system; major features of the common open space areas and the like. No building permits shall be issued for construction under the amended plan within the PUD until any amendments are acted upon or the village is in receipt of such document.

(Code 1992, § 17.151(22))

(a)

Should it be determined by village administrative staff that the final development plan substantially conforms to the site development plan as approved by the plan commission and village board, such shall be recorded along with any agreements, covenants, deeds or the like by the applicant requesting such development, within 30 days with the county register of deeds office. Said documents shall identify the property as being part of a PUD which has been approved by the plan commission and the village board. The applicant requesting the PUD shall furnish to the village evidence of such recording prior to the commencement of any project phases. The final development plan and any agreements, covenants, deeds or the like shall run with the land and shall not lapse or be waived as the result of any subsequent change in the tenancy or ownership of any or all of said land parcels. Such conditions shall be deemed to be part of the building permit issued for any use or structure within the PUD.

(b)

The applicant requesting the PUD shall have 12 months to begin construction of the PUD or a certain phase of it, from the actual date of the recording of the final development plan and any other relevant documents with the county register of deeds office. If the applicant fails to commence with construction of the PUD within the 12-month time period, an extension for another 12 months may be granted for good cause by the village board. Should the applicant, after the village board approval for any extension, fail to undertake construction within the 12-month time period, such shall be cause for the entire PUD planning process to begin anew by the requirements outlined in this section.

(c)

If it is determined that the construction of the PUD does not comply with the final development plan and any agreements, deeds, covenants, and the like, the applicant requesting such PUD shall be ordered in writing to appear before the plan commission to explain such actions. The plan commission, in consideration of the issue, may request, at a minimum, that the applicant in violation discontinue such nonconformance activity and, if the violation is not rectified in a timely manner, may recommend to the village board the termination of the PUD final development plan project.

(Code 1992, § 17.151(23))

The village's fee requirements are as follows:

(1)

PUD zoning amendment fee .....$250.00

(2)

PUD site development plan fee ..... 200.00

(3)

This section may be amended by the village board from time to time when it adopts a fee schedule during the village's budget process.

(Code 1992, § 17.151(24))

(a)

Purpose. The residents of the village 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 wellhead protection is to institute land use regulations and restrictions protecting the municipal water supply of the village and promote the public health, safety and general welfare of the residents.

(b)

Authority. Statutory authority of the village to enact these regulations was established by the Wisconsin Legislature in Wis. Stats. § 62.23(7)(a) and (c). Under these statutes, the village has the authority to adopt this section, effective in the incorporated areas of the village, to encourage the protection of groundwater resources.

(Code 1992, § 17.152(1); Cr. Ord. No. 3-04, 7-7-2004)

The regulations specified in this section shall apply to the incorporated areas of the village that lie within the recharge areas for municipal water supply wells as defined in section 34-496, and are in addition to the requirements in the underlying zoning district, if any. If there is a conflict between this section and the other sections of this chapter, the more restrictive provision shall apply.

(Code 1992, § 17.152(2))

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:

Aquifer means a saturated, permeable geologic formation that contains and will yield significant quantities of water.

Cone of depression means the area around a well in which the water level has been lowered at least one-tenth of a foot by pumping of the well.

Five-year time of travel means the recharge area upgradient of the cone of depression, the outer boundary of which it is determined or estimated that groundwater will take five years to reach a pumping well.

Municipal water supply means the municipal water supply of the village.

Recharge area means the area which encompasses all areas or features that, by surface infiltration of water that reaches the zone of saturation of an aquifer, supplies groundwater to a well.

Thirty-day time of travel means the recharge area upgradient of a well, or its cone of depression, the outer boundary of which it is determined or estimated that groundwater will take 30 days to reach a pumping well.

Well field means a piece of land use primarily for the purpose of locating wells to supply a municipal water system.

Zone of saturation means the area of unconsolidated, fractured or porous material that is saturated with water and constitutes groundwater.

(Code 1992, § 17.152(3))

(a)

The village groundwater technical review committee shall consist of the following:

(1)

The village planner.

(2)

The village engineer/director of public works.

(3)

The superintendent/manager of public utilities.

(4)

The county conservationist.

(5)

The village inspector.

(6)

A local representative from the department of natural resources with expertise in groundwater contamination issues, appointed by their department and approved by the village board.

(7)

One member who has at least one of the following qualifications:

a.

Is a hydrogeologist, hydrologist or a professional engineer with a background in groundwater; or

b.

Is a certified groundwater professional.

(b)

The purpose of the village groundwater technical review committee is to provide objective and scientific technical review of requests for conditional use permits and make recommendations to the plan commission to grant or deny conditional use permits based upon the facts discovered in that review, to make recommendations on any and all conditions placed on a conditional use permit, and to give advice on matters concerning groundwater.

(Code 1992, § 17.152(4))

A groundwater protection overlay district may be created to institute land use regulations and restrictions within a defined area which contributes water directly to a municipal water supply and this promotes public health, safety, and welfare. The district is intended to protect the groundwater recharge area for the existing or future municipal water supply from contamination.

(Code 1992, § 17.152(5))

The regulations of an overlay district will apply in addition to all other regulations which occupy the same geographic area. The provisions of any zoning districts that underlay this overlay district will apply except when provisions of the groundwater protection overlay district are more stringent.

(Code 1992, § 17.152(6))

The groundwater protection overlay district is divided into Zone 1 and Zone 2 as follows:

(1)

Zone 1. Zone 1 is the area of land which contributes water to the well in question, out to a 30-day time of travel to the well. Time of travel delineations must be based on accepted hydrogeological research as outlined in the state Wellhead Protection Program Plan For Public Water Utilities, Appendix 2, with zone boundaries normalized to road centerlines, railways, surface water features, and the public land survey section lines, ½, ¼, ⅛, or 1/16 section lines.

(2)

Zone 2. Zone 2 encompasses the area of land which contributes water to the well starting at the line which delineates the 30-day time of travel and ends at the line delineating the five-year time of travel to the well. Time of travel delineations must be based on accepted hydrogeological research as outlined in the State Wellhead Protection Program Plan for Public Water Utilities, Appendix 2, with zone boundaries normalized to road centerlines, railways, surface water features, and the public land survey section lines, ½, ¼, ⅛, or 1/16 section lines.

(Code 1992, § 17.152(7))

(a)

The boundaries of the groundwater protection overlay districts shall be shown on the village zoning map. The locations and boundaries of the zoning districts established by this section are set forth on the Village Municipal Wellhead Protection Areas Map which is incorporated herein and hereby made a part of this section. Said map, 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.

(b)

Zone 1 for the village well fields is delineated on the Wellhead Protection Area Map which is attached and made part of this section as follows:

(1)

East well field area. Description attached.

(2)

West well field area. Description attached.

(c)

Zone 2 for the village well fields is delineated on the Wellhead Protection Area Map as follows:

(1)

East well field area. Description attached.

(2)

West well field area. Description attached.

(Code 1992, § 17.152(8))

(a)

The following permitted uses in Zone 1 are subject to the separation distance requirements in section 34-503 and prohibited uses in section 34-504:

(1)

Public and private parks, playgrounds and beaches, provided there are no on-site wastewater disposal systems or holding tanks.

(2)

Wildlife and natural and woodland areas.

(3)

Biking, hiking, skiing, nature, equestrian and fitness trails.

(4)

Residential which is municipally sewered.

(5)

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.

(b)

The following permitted uses in Zone 2 are subject to the separation distance requirements in section 34-503 and prohibited uses in section 34-504:

(1)

All of the uses permitted in Zone 1.

(2)

Single-family residences on a minimum lot of 20,000 square feet with a private on-site sewage treatment system receiving less than 8,000 gallons per day, which meets the county and state health standards for the effluent, and is in conformance with Wis. Admin. Code SPS 383.

(3)

Commercial establishments which are municipally sewered.

(4)

Industrial establishments which are municipally sewered.

(5)

Residential use of above-ground LP gas tanks for heating, not to exceed 1,000 gallons.

(Code 1992, § 17.152(9))

The following separation distances as specified in Wis. Admin. Code NR 811.16(4)(d), shall be maintained:

(1)

Fifty feet between a public water supply well and a stormwater sewer main or any sanitary sewer main constructed of water main materials and joints which is pressure tested in place to meet current AWWA 600 specifications. Note: Current AWWA 600 specifications are available for inspection at the office of the state department of natural resources, the secretary of state's office and the office of the revisor of statutes.

(2)

Two hundred feet between a public water supply well and any sanitary sewer main not meeting the above specifications, any sanitary sewer lift station or single-family residential fuel oil tank.

(3)

Four hundred feet between a public water supply well and a septic system receiving less than 8,000 gallons per day, or a stormwater detention, retention, infiltration or drainage basin.

(4)

Six hundred feet between a well and any gasoline or fuel oil storage tank installation that has received written approval from the state department of safety and professional services or its designated agent under Wis. Admin. Code SPS 382.

(5)

One thousand feet between a well and land application of municipal, commercial or industrial waste; industrial, commercial or municipal waste water lagoons or storage structures; manure stacks or storage structures; and septic tanks or soil adsorption units receiving 8,000 gallons per day or more.

(6)

Twelve hundred feet between a well and any solid waste storage, transportation, transfer, incineration, air curtain destructor, processing, wood burning, one time disposal or small demolition facility; sanitary landfill; coal storage area; salt or de-icing material storage area; gasoline or fuel oil storage tanks that have not received written approval from the state department of safety and professional services or its designated agent under Wis. Admin. Code SPS 382; bulk fuel storage facilities; and pesticide or fertilizer handling or storage facilities.

(Code 1992, § 17.152(10))

(a)

The following uses are prohibited in Zones 1 and 2:

(1)

Buried hydrocarbon, petroleum or hazardous chemical storage tanks. (Hazardous chemicals are identified by OSHA criteria under 40 CFR Part 370.)

(2)

Cemeteries.

(3)

Chemical manufacturers (Standard Industrial Classification Major Group 28).

(4)

Coal storage.

(5)

Dry cleaners.

(6)

Industrial lagoons and pits.

(7)

Landfills and any other solid waste facility, except post-consumer recycling.

(8)

Manure and animal waste storage except animal waste storage facilities regulated by the county.

(9)

Nonmetallic earthen materials extraction or sand and gravel pits.

(10)

Pesticide and fertilizer dealer, transfer or storage.

(11)

Railroad yards and maintenance stations.

(12)

Rendering plants and slaughterhouses.

(13)

Salt or deicing material storage.

(14)

Salvage or junk yards.

(15)

Septage or sludge spreading, storage or treatment.

(16)

Septage, wastewater, or sewage lagoons.

(17)

Private on-site wastewater treatment systems or holding tanks receiving 8,000 gallons per day or more.

(18)

Stockyards and feedlots.

(19)

Stormwater infiltration basins without pre-treatment, including vegetative filtration and/or temporary detention.

(20)

Motor vehicular services, including filling and service stations, repair, renovation and body working.

(21)

Wood preserving operations.

(b)

In Zone 1, the conditional uses of section 34-505(b) are prohibited.

(Code 1992, § 17.152(11))

(a)

Any person may request a conditional use permit for certain uses, activities and structures within Zone 2 of the groundwater protection overlay district not prohibited in section 34-504.

(b)

The uses, activities, and structures that may be conditionally permitted within Zone 2 are as follows:

(1)

Jewelry plating and metal plating.

(2)

Machine or metal working shops.

(3)

Commercial establishments utilizing a private on-site wastewater treatment system receiving less than 8,000 gallons per day, which is in conformance with Wis. Admin. Code SPS 383.

(4)

Research labs, universities and hospitals.

(5)

Exposed hydrocarbon, petroleum or hazardous chemical storage tanks. (Hazardous chemicals are identified by OSHA criteria under 40 CFR Part 370.) This shall not apply to residential LP gas tanks which are permitted under section 34-502(b)(5).

(6)

Storage or processing of extremely hazardous substances, radioactive materials or substances listed in Table 1, Wis. Admin. Code NR 140. (Extremely hazardous substances are identified by SARA/EPCRA criteria under 40 CFR Parts 302 and 355.)

(c)

All requests for a conditional use permit shall be submitted in writing to the village inspector, and shall include the following:

(1)

A site plan map with all building and structure footprints, driveways, sidewalks, parking lots, stormwater management structures, groundwater monitoring wells, and two-foot ground elevation contours.

(2)

A business plant and/or other documentation which describes in detail the use, activities, and structures proposed.

(3)

An environmental assessment report prepared by a licensed environmental engineer which details the risk to, and potential impact of, the proposed use, activities, and structures on groundwater quality.

(4)

An operational safety plan, which details the operational procedures for material processes and containment, best management practices, stormwater runoff management, and groundwater monitoring.

(5)

A contingency plan which addresses in detail the actions that will be taken should a contamination event caused by the proposed use, activities, or structures occur.

(d)

The person making the request shall reimburse the village for consultant fees and technical review committee expenses associated with this review at the invoiced amount, plus administrative costs.

(e)

All conditional use permits granted shall be subject to conditions that will include environmental and safety monitoring determined necessary to afford adequate protection of the public water supply. These conditions shall include the following:

(1)

Provide current copies of all federal, state and local facility operation approval or certificates and on-going environmental monitoring results to the village.

(2)

Establish environmental or safety structures/monitoring to include an operational safety plan, material processes and containment, operations monitoring, best management practices, stormwater runoff management, and groundwater monitoring.

(3)

Replace equipment or expand in a manner that improves the environmental and safety technologies being utilized.

(4)

Prepare, file and maintain a current contingency plan which details the response to any emergency which occurs at the facility, including notifying municipal, county and state officials. Provide a current copy to the village.

(f)

The plan commission shall decide upon a request for a conditional use permit only after full consideration of the recommendations made by the village groundwater technical review committee. Any conditions above and beyond those specified in conditional uses in subsection (e) of this section that are recommended by the village groundwater technical review committee may be applied to the granting of the conditional use permit.

(Code 1992, § 17.152(12))

Existing facilities within the groundwater protection overlay district at the time of enactment of such district which may cause or threaten to cause environmental pollution include, but are not limited to, those types listed in the department of natural resources Form 3300-215, public water supply potential contaminant use inventory form and all other facilities which are considered a prohibited use in section 34-504, or a conditional use in section 34-505, all of which are incorporated herein as if fully set forth. (Consult the municipal attorney regarding incorporation by reference of Form 3300-215.)

(1)

Such facilities as above which exist within the district at the time of enactment of a district shall provide copies of all current, revised or new federal, state and local facility operation approvals, permits or certificates; operational safety plans; and ongoing environmental monitoring results to the village.

(2)

Such facilities as above which exist within the district at the time of enactment of a district shall have the responsibility of devising, filing and maintaining, with the village, a current contingency plan which details how they intend to respond to any emergency which may cause or threaten to cause environmental pollution that occurs at their facility, including notifying municipal, county and state officials.

(3)

Such facilities as above cannot engage in or employ a use, activity, or structure listed in prohibited uses in section 34-504 or in conditional uses in section 34-505 which they did not engage in or employ at the time of enactment of a district, and can only expand, replace or rebuild those present uses, activities, equipment, or structures on the site of property of record associated with the facility at the time of enactment of a district, and in a manner that improves the environmental and safety technologies already being utilized. No existing use, activity, or structure listed as a prohibited use or conditional use shall be expanded, replaced, or rebuilt unless a conditional use permit is granted for such expansion, replacement, or rebuilding. This section does not apply to normal maintenance or minor repairs.

(Code 1992, § 17.152(13))

(a)

The uses prohibited by this district are prohibited based upon the combined pollution experience of many individual uses, and the technology generally employed by a particular use considered to be of a high risk for pollution to the groundwater resource. As the technology of other uses change to low or non-risk materials or methods, upon petition from such use, after conferring with the groundwater technical review committee or other expert opinion, and after appropriate public notice and hearing, the village, through appropriate procedures and actions to change these provisions of this Code, may remove from the designated prohibited uses such uses as are demonstrated convincingly that they no longer pose a groundwater pollution hazard.

(b)

In dealing with uses which attempt to become permissible, under the terms of this district, by continuing to utilize pollutant materials but altering their processing, storage and handling, it is not the intention to accept alternate or reduced hazards as the basis for making a use permissible. It is the intention to continue a prohibition on such uses until the technology of the use removes reliance upon the pollutant materials or processes deemed to be a groundwater hazard.

(Code 1992, § 17.152(14))

(a)

Penalty. Any person who violates, neglects or refuses to comply with any of the provisions of this section shall be subject to a penalty as provided in section 1-16.

(b)

Injunction. The village may, in addition to any other remedy, seek injunction or restraining order against the party alleged to have violated the provisions herein, the cost of which shall be charged to the defendant in such action.

(c)

Cleanup costs. As a substitute for and, in addition to any other action, the village may commence legal action against both the person who releases the contaminants and the owner of the facility whereupon the contaminants were released to recover the costs, together with the costs of prosecution. Any person who causes the release of any contaminants which may endanger or contaminate the municipal water supply system associated with the groundwater protection overlay district shall immediately cease such discharge and immediately initiate cleanup satisfactory to the village and the other state and federal regulatory agencies. The person who releases such contaminants and the person who owns the facility whereon the contaminants have been released shall be jointly and severally responsible for the cost of cleanup, consultant, or other contractor fees, including all administrative costs for oversight, review and documentation, including the village employees, equipment and mileage.

(Code 1992, § 17.152(15))

If the provisions of the different chapters of this Code conflict with or contravene each other, the provisions of each chapter shall prevail as to all matters and questions arising out of the subject matter of such chapter. In their interpretation and application, the provisions of this article shall be held to be the minimum and are not deemed a limitation or repeal of any other power granted by state statutes. Where any terms or requirement of this article may be inconsistent or conflicting, the most restrictive requirements or interpretations shall apply.

(Code 1992, § 17.152(16))