For the purpose of this chapter, present and future, provision is hereby made for the division of the City of Chetek into the following 15 basic zoning districts:

(Code 2005, § 13-1-20; Ord. No. 753A, § I, 11-10-2015)

(a)

Streets. 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.

(b)

Annexations. Annexations to or consolidations with the City subsequent to the effective date of the ordinance from which this chapter is derived shall be placed in the R-1 Single-Family District, unless the annexation ordinance places the land in another district.

(c)

Zoning of rights-of-way. All streets, alleys, public ways, waterways and railroad rights-of-way, if not otherwise specifically designated, shall be deemed to be in the same zone 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 2005, § 13-1-21)

(a)

The City of Chetek is hereby divided into Zoning Districts as shown upon a map designated as the Official Zoning Map of the City and made a part of this chapter. The Official Zoning Map, and all the notations, references and other information shown thereon are a part of this Zoning Code and shall have the same force and effect as if the matters and, information set forth by said map were fully described herein. The Official Zoning Map shall be properly attested and kept on file along with the text of the Official Zoning Regulations in the office of the City Clerk-Treasurer of the City. Any changes in zoning district boundaries shall be recorded on the map.

(b)

The District Boundaries shall be determined by measurement from and as shown on the Official Zoning Map, and in case of any question as to the interpretation of such boundary lines, the Plan Commission shall interpret the map according to the reasonable intent of this chapter. Unless otherwise specifically indicated or dimensioned on the map, the district boundaries are normally lot lines; section, quarter-section or 16th-section lines; or the centerlines of streets, highways, railways, or alleys.

(Code 2005, § 13-1-22)

Where uncertainty exists as to the boundaries of districts as shown on the Zoning Map, the following rules shall apply:

(1)

The district boundaries are either streets or alleys unless otherwise shown, and where the designation on the map indicates that the various districts are approximately bounded by a street or alley line, such street or alley line shall be construed to be the district boundary line.

(2)

Where the district boundaries are not otherwise indicated and where the property has been or may hereafter be divided into blocks and lots, the district boundaries shall be construed to be lot lines; and where the designations on the map are approximately bounded by lot lines, said lot lines shall be construed to be the boundary of the district.

(3)

In unsubdivided property, the district boundary shown on the map shall be determined by use of the scale shown on such map.

(4)

Boundaries indicated as approximately following City boundaries shall be construed following municipal boundaries.

(5)

Boundaries indicated as following railroad lines shall be construed to be midway between the main tracks.

(6)

Boundaries indicated as following shorelines shall be construed to follow such shorelines and, in the event of change in the shoreline, shall be construed as moving with the actual shoreline; boundaries indicated as approximately following the centerlines of streams, rivers, canals, lakes or other bodies of water shall be construed to follow such centerlines.

(7)

Boundaries indicated as parallel to or extensions of features indicated in the preceding subsections shall be so construed. Distances not specifically indicated on the Zoning Map shall be subsections determined by the scale of the map.

(Code 2005, § 13-1-23)

(a)

Purpose. The R-1 district is intended to provide a quiet, pleasant and relatively low density living area protected from traffic hazards, fires and 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.

(b)

Permitted uses:

(1)

Single-family dwellings.

(2)

Municipal buildings. This generally excludes buildings whose uses may cause public and private nuisances, such as sewage treatment plants, garbage incinerators, warehouses, public garages, public shops or storage yards, penal or correctional institutions and asylums.

(3)

Public parks, playgrounds, recreational and community center buildings and grounds.

(4)

Telephone buildings, exchanges and lines and transformer stations.

(5)

One private garage, whether attached or not, and one accessory building.

(6)

Home occupations subject to the provisions of this chapter.

(7)

Parking as required in Article VI of this chapter.

(8)

Signs as required in Article VII of this chapter.

(9)

Public facilities including water utility, storm utility, and waste water treatment plants, equipment, mains, laterals, and all other related structures and appurtenances.

(c)

Conditional uses:

(1)

Seasonal residences for occupancy by the owner or renter.

(2)

Colleges, universities and vocational schools.

(3)

Public museums.

(4)

Art galleries.

(5)

Mobile homes subject to all Chetek mobile home regulations.

(6)

Churches and other uses incidental to them.

(7)

Elementary, junior and senior high schools and libraries.

(8)

Microwave radio relay structures or community television antenna towers.

(9)

Private lodges and clubs.

(10)

Nursing homes, homes for the elderly and hospitals.

(11)

Golf courses.

(12)

Day care nurseries, provided all state requirements are met.

(13)

Bed and breakfast establishments.

(14)

For real estate which abuts the Chetek Southworth Municipal Airport, one airplane hangar.

(d)

Dimensional requirements:

(1)

Lot size:

a.

Minimum lot area: 8,500 square feet.

b.

Minimum lot width: 85 feet.

(2)

Yard for principal building:

a.

Front yard setback: 25 feet.

b.

Side yard setback: Eight feet.

c.

Rear yard setback: 25 feet.

(3)

Yard for accessory buildings. Side and rear yard setbacks are three feet for all accessory buildings. Except when fronting an alley. (see Sec. 26-151)

(4)

Maximum building height:

a.

Principal building: 35 feet.

b.

Accessory building: 35 feet.

(5)

Floor area. Minimum floor area per family: 800 square feet.

(Code 2005, § 13-1-24; Ord. No. 702A, § 1, 12-8-2009; Ord. No. 757A, § 1, 7-12-2016; Ord. No. 785A, § 1, 7-12-2022; Ord. No. 798A, § 1, 1-14-2025)

(a)

Purpose. The R-2 District is intended to provide a pleasant, suitable location for duplex residences with a living environment similar in all respects to the R-1 District, although with a higher population density.

(b)

Permitted uses:

(1)

Any use permitted in the R-1 District.

(2)

A two-family dwelling consisting of either a duplex or a twin house (as those terms are defined in Section 118-1 of the City of Chetek Code of Ordinances).

(c)

Conditional uses:

(1)

All uses permitted conditionally in the R-1 District.

(2)

Boardinghouses and lodging houses with rooms for up to four paying guests or boarders.

(d)

Dimensional requirements.

(1)

Lot size:

a.

Minimum lot area, single-family dwelling: 7,500 square feet.

b.

Minimum lot area, two-family dwelling: 12,000 square feet.

c.

Minimum lot width: 85 feet.

(2)

Yard for principal building:

a.

Front yard setback: 25 feet.

b.

Side yard setback: Eight feet.

c.

Rear yard setback: 25 feet.

(3)

Yard for accessory buildings. Side and rear yard setbacks are three feet for all accessory buildings. Except when fronting an alley. (see Sec. 26-151)

(4)

Maximum building height:

a.

Principal building: 35 feet.

b.

Accessory building: 35 feet.

(5)

Floor area. Minimum floor area per family: 700 square feet.

(Code 2005, § 13-1-25; Ord. No. 702A, § 1, 12-8-2009; Ord. No. 767A, § 2, 10-9-2018; Ord. No. 798A, § 1, 1-14-2025)

(a)

Purpose. 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.

(b)

Permitted uses:

(1)

Any use permitted in the R-2 District.

(2)

Multiple-family dwellings.

(c)

Conditional uses:

(1)

All uses permitted conditionally in the R-2 District.

(2)

Charitable institutions.

(d)

Dimensional requirements:

(1)

Lot size.

a.

Minimum lot area:

1.

Single-family dwelling: 7,500 square feet.

2.

Two-family dwelling: 10,000 square feet.

3.

Multiple-family dwelling: Three and four dwelling units 10,000 square feet; more than four dwelling units 10,000 square feet plus 1,500 square feet for each additional dwelling unit over four.

b.

Minimum lot width: 85 feet.

(2)

Yard for principal building.

a.

Front yard setback: 30 feet.

b.

Side yard setback: Ten feet.

c.

Rear yard setback: 25 feet.

(3)

Yard for accessory buildings. Side and rear yard setbacks are three feet for all accessory buildings. Except when fronting an alley. (see Sec. 26-151)

(4)

Maximum building height.

a.

Principal building: 35 feet.

b.

Accessory building: 35 feet.

(5)

Floor Area. Minimum floor area per family:

a.

Single- and two-family dwelling: 700 square feet.

b.

Multiple-family dwelling:

1.

Eight hundred square feet for three-bedroom apartments.

2.

Seven hundred square feet for two-bedroom apartments.

3.

Five hundred square feet for one-bedroom apartments.

(Code 2005, § 13-1-26; Ord. No. 702A, § 1, 12-8-2009; Ord. No. 798A, § 1, 1-14-2025)

(a)

Purpose. The C-1 District is intended to provide for individual or small groups of retail and customer service establishments serving primarily the convenience of a local neighborhood and the character, appearance and operation of which are compatible with the character of the surrounding area.

(b)

Permitted uses.

(1)

Multiple-family dwellings other than a duplex or a twin house.

(2)

Parking lots.

(3)

General business and commercial uses which do not generate excessive traffic, noise, smoke or odors that would create a public or private nuisance. These uses generally include, but are not necessarily limited to:

a.

Banks.

b.

Professional offices for physicians, dentists, attorneys, real estate, insurance sales and similar professional services.

c.

Personal services to include barbershops, beauty salons, tailor shops, dry cleaning and coin-operated laundromats.

d.

Restaurants, but not including drive-in restaurants.

e.

Grocery stores.

(4)

Funeral homes.

(5)

Government uses such. as police and fire stations and libraries.

(6)

Apartments above the ground floor.

(7)

Day care nurseries, provided all State requirements are met.

(8)

Parking as required in Article VI of this chapter.

(9)

Signs as required in Article VII of this chapter.

(10)

Public facilities including water utility, stormwater utility, and waste water treatment plants, equipment, mains, laterals, and all other related structures and appurtenances.

(c)

Conditional uses.

(1)

Private lodges and clubs.

(2)

Nursing homes, homes for the elderly and hospitals.

(3)

Post offices.

(4)

Automobile service stations.

(5)

Microwave radio relay structures or community television antenna towers.

(6)

Animal hospitals.

(d)

Dimensional requirements.

(1)

Lot size:

a.

Minimum lot area.

1.

Multiple-family dwelling: Three and four dwelling units 10,000 square feet; more than four dwelling units 10,000 square feet plus 1,500 square feet for each additional dwelling unit over four.

2.

All other uses: 8,500 square feet.

b.

Minimum lot width: 85 feet.

(2)

Yard for principal building:

a.

Front yard setback: 15 feet.

b.

Side yard setback: Eight feet.

c.

Rear yard setback: 25 feet.

(3)

Yard for accessory buildings. Side and rear yard setbacks are three feet for all accessory buildings.

(4)

Maximum building height:

a.

Principal building: 25 feet.

b.

Accessory building: 25 feet.

(5)

Floor area. Minimum floor area per family:

a.

Multiple-family dwellings: Same as R-3 District.

b.

All other uses: None.

(Code 2005, § 13-1-27; Ord. No. 767A, § 3, 10-9-2018; Ord. No. 785A, § 2, 7-12-2022)

(a)

Purpose. The CBD District is intended to provide for the location of sales, service, cultural, entertainment and other activities which benefit from a central business location and pedestrian traffic and which cater to the general public.

(b)

Permitted uses.

(1)

Any use permitted in the General Commercial District except for multiple-family dwellings.

(2)

Hotels and motels.

(3)

Theaters, bowling alleys and places of amusement.

(4)

Drive-in restaurants.

(5)

Taverns.

(6)

Automobile service stations.

(7)

Transportation terminals, not including trucking.

(8)

Appliance and small machinery repair establishments.

(9)

Retail stores and shops.

(10)

Churches.

(11)

Newspaper and magazine publishers.

(12)

Private lodges and clubs.

(13)

Apartments above the ground floor of a permitted or conditional use with a minimum floor area of 500 square feet.

(14)

Marinas and related sales and service.

(15)

Automobile sales and services.

(16)

Uses customarily incident to any of the above uses.

(17)

Parking as required in Article VI of this chapter.

(18)

Signs as required in Article VII of this chapter.

(c)

Conditional uses.

(1)

Rental apartments on the ground floor level.

(2)

General warehousing.

(3)

Automobile body repair shop including the repair for resale of damaged cars.

(d)

Dimensional requirements.

(1)

Lot size:

a.

Minimum lot area: None.

b.

Minimum lot width: None.

(2)

Yard for principal building. None required, however, side yards when adjacent or abutting to residential districts will maintain a setback of ten feet and rear yards when adjacent or abutting to residential districts will maintain a setback of 25 feet.

(3)

Yard for accessory buildings. None required, however, side and rear yard setbacks are three feet for all accessory buildings when adjacent or abutting to residential districts.

(4)

Maximum building height. All buildings: 35 feet.

(Code 2005, § 13-1-28)

(a)

Purpose. The C-2 District is intended to provide for an orderly and attractive grouping at appropriate locations for the development of those commercial activities that often require extensive land area for the open storage and display of merchandise and are dependent upon highway traffic or which are specifically designed to serve the needs of such traffic.

(b)

Permitted uses.

(1)

Restaurants, including drive-in establishments.

(2)

Service stations, washing and repair stations and garages, provided all gas pumps are not less than 30 feet from any existing or proposed street line.

(3)

Motels.

(4)

Lumber and building supply yards.

(5)

Commercial entertainment facilities.

(6)

Automobile sales and service, new and used, on an open lot or within a building.

(7)

Automobile body repair shops.

(8)

Agricultural implement sales and service on an open lot or within a building.

(9)

Taverns.

(10)

Garden shops and greenhouses.

(11)

Marine sales and service.

(12)

Private clubs and lodges.

(13)

Accessory building or use, including a garage and paved parking areas customarily incident to the above uses.

(14)

Uses clearly similar in character to those listed above.

(15)

Parking as required in Article VI of this chapter.

(16)

Signs as required in Article VII of this chapter.

(17)

Public facilities including water utility, stormwater utility, and waste water treatment plants, equipment, mains, laterals, and all other related structures and appurtenances.

(c)

Conditional uses.

(1)

Recreational establishments, including drive-in theaters, golf or baseball driving ranges, archery fields, miniature golf courses or similar uses.

(2)

Kennels.

(3)

Radio and television antenna towers or microwave radio relay structures.

(4)

Warehouses and warehouse functions.

(5)

Animal hospitals.

(6)

Residential buildings.

(d)

Dimensional requirements.

(1)

Lot size.

a.

Minimum lot area: 8,500 square feet.

b.

Minimum lot width: 100 feet.

(2)

Yard for principal building:

a.

Front yard setback: 25 feet; 50 feet if parking is permitted in front.

b.

Side yard setback: 12 feet.

c.

Rear yard setback: 20 feet, 30 feet if adjacent to or abutting a residential district.

(3)

Yard for accessory buildings. Side/rear yard setbacks are three feet for all accessory buildings.

(4)

Maximum building height:

a.

Principal building: 35 feet.

b.

Accessory building: 25 feet.

(Code 2005, § 13-1-29; Ord. No. 705A, § 1, 4-20-2010; Ord. No. 785A, § 3, 7-12-2022)

(a)

Purpose. The C-3 District is intended to establish a convenient and ample area for serving the resort and recreational needs of the City.

(b)

Permitted uses.

(1)

One single-family dwelling for the owner, proprietor, employer or caretaker.

(2)

Rental cabins or cottages provided there is a minimum distance of 20 feet between the cabins or cottages. Note: see Section 118-11(b) for other restrictions.

(3)

Bath houses.

(4)

Boat liveries and launches.

(5)

Tourist information booths.

(6)

Parks, playgrounds and beaches.

(7)

Parking as required in Article VI of this chapter.

(8)

Office space for the owner, proprietor, employer or caretaker, not exceeding 900 square feet.

(9)

Signs as required in Article VII of this chapter.

(10)

Public facilities including water utility, stormwater utility, and waste water treatment plants, equipment, mains, laterals, and all other related structures and appurtenances.

(c)

Conditional uses.

(1)

Art, gift, jewelry and notion shops.

(2)

Sporting goods and bait stores.

(3)

Sportswear and specialty clothing shops.

(4)

Candy, ice cream and confectionery stores.

(5)

Taverns and bars.

(6)

Restaurants and cafes, indoor and outdoor.

(7)

Hotels and motels.

(8)

Drive-in restaurants.

(9)

Miniature golf courses, driving ranges and amusement parks.

(10)

Tourist and trailer camps.

(11)

Swimming pools, ball fields and similar active recreational uses.

(d)

Dimensional requirements.

(1)

Lot size:

a.

Minimum lot area: One acre.

b.

Minimum lot width: 100 feet.

(2)

Required yards. Each Resort Commercial District shall set aside along the perimeter of the District the following areas which shall apply to all the structures.

a.

Front yard setback: 25 feet.

b.

Side yard setback: When abutting residential districts, the side setback shall be 20 feet; when abutting any other zone district, the side setback shall be 15 feet.

c.

Rear yard setback: When abutting residential districts, the rear setback shall be 25 feet; when abutting any other zone district, the rear setback shall be 15 feet.

(3)

Maximum building height.

a.

Principal building: 35 feet.

b.

Accessory building: 25 feet.

(Code 2005, § 13-1-30; Ord. No. 785A, § 4, 7-12-2022)

(a)

Purpose. The I-1 District is intended to provide space for industrial and manufacturing uses at appropriate locations in the City which do not detract from an adjacent area of less intense land use or become a blighting influence to the area. Emphasis is placed on providing land for warehousing, light assembly industries and research establishments, where interference between industrial activities on the one hand and commercial and residential on the other is minimized. Most industrial uses may be permitted, except those that would present a danger to residents of the community or general noise, smoke, traffic or air and water pollution that would create a public or private nuisance.

(b)

Permitted uses.

(1)

Warehousing.

(2)

Printing and publishing houses and related activities.

(3)

Experimental testing and research laboratories, not involving the keeping of animals or use of animal products or any significant degree of danger or undesirable operational characteristics.

(4)

Automobile body repair shops, not including the storage of junked or wrecked automobiles and parts.

(5)

Manufacture, fabrication, packing, packaging and assembly of products utilizing as a primary resource furs, glass, metal paper, leather, plaster, plastics, textiles and wood.

(6)

Manufacture, fabrication, processing, packing and packaging of candy, cosmetics, electric appliances, electronic devices, instruments, jewelry, pharmaceuticals, tobacco, toiletries and food, except fish and meat products, cabbage and the rendering of fats and oils.

(7)

Feed mills.

(8)

Public facilities including water utility, storm utility, and waste water treatment plants, equipment, mains, laterals, and all other related structures and appurtenances.

(c)

Accessory buildings or uses.

(1)

Residential quarters for the resident operator, guard or caretaker.

(2)

Off-street parking and loading as required in Article VI of this chapter.

(3)

Signs as required in Article VII of this chapter.

(4)

Outdoor storage provided not more than ten percent of the lot or tract is required for the open storage of products, materials or equipment.

(d)

Conditional uses.

(1)

Building contractor's storage yard.

(2)

Transportation terminals, including trucking.

(3)

Lumber and building supply yards.

(4)

Kennels and animals hospitals, laboratories using animal products.

(5)

For real estate which abuts the Chetek Southworth Municipal Airport, one airplane hangar.

(6)

Offices.

(7)

Meeting, event and conference spaces.

(e)

Dimensional requirements.

(1)

Lot size:

a.

Minimum lot area: 10,000 square feet.

b.

Minimum lot width: 85 feet.

(2)

Yard for principal buildings:

a.

Front yard setback: 30 feet; 50 feet if parking is within the front yard.

b.

Side yard setback: 20 feet on each side.

c.

Rear yard setback: 25 feet.

(3)

Yard for accessory buildings. Side/rear yard setbacks are three feet for all accessory buildings.

(4)

Maximum building height. Principal and accessory buildings: 35 feet.

(Code 2005, § 13-1-31; Ord. No. 756A, § 1, 7-12-2016; Ord. No. 757A, § 2, 7-12-2016; Ord. No. 783A, § 1, 2-8-2022)

(a)

Purpose. The I-2 District, is intended to provide for manufacturing and industrial development of a more general and less-restrictive nature than in the I-1 District. Emphasis is placed on providing land for those industries that may normally include the use of heavy machinery and may require outdoor storage areas for raw materials and/or finished products. Residential, commercial or public uses are prohibited, as well as industrial operations that would be dangerous to residents of the community or may constitute a public or private nuisance due to smoke, odor, dust, noise, traffic congestion or vibrations.

(b)

Permitted uses.

(1)

Any use permitted in the I-1 District.

(2)

Transportation terminals, including trucking.

(3)

Feed mills.

(c)

Accessory buildings or uses.

(1)

Residential quarters for the resident operator, guard or caretaker.

(2)

Off-street parking and loading as required in Article VI of this chapter.

(3)

Signs as required in Article VII of this chapter.

(d)

Conditional uses.

(1)

Manufacture of cement, lime, gypsum, plaster of pans, acid, explosives or glue.

(2)

Rendering plants, refineries or tanneries.

(3)

Stockyards or slaughterhouses.

(4)

Junk or salvage yards.

(5)

Storage of explosives, except as incidental or a permitted use, and storage of gasoline or petroleum in excess of 50,000 gallons.

(6)

Automobile body repair shops, including the storage of junked or wrecked automobiles and parts.

(7)

Animal hospitals, kennels and laboratories using animal products.

(8)

Outdoor storage of products, materials and equipment.

(9)

Lumber and building supply yards.

(10)

Building contractors storage yards.

(11)

Any similar uses which, in the opinion of the Plan Commission, would be hazardous, noxious or offensive to the surrounding area.

(e)

Dimensional requirements.

(1)

Lot size:

a.

Minimum lot area: 10,000 square feet.

b.

Minimum lot width: 85 feet.

(2)

Yard for principal building:

a.

Front yard setback: 30 feet; 50 feet if parking is within the front yard.

b.

Side yard setback: 20 feet on each side.

c.

Rear yard setback: 25 feet.

(3)

Yard for accessory buildings. Side and rear yard setbacks are three feet for all accessory buildings.

(4)

Maximum building height. Principal and accessory buildings: 35 feet.

(Code 2005, § 13-1-32)

(a)

Purpose. This district is established to:

(1)

Help conserve good farming areas; and

(2)

Prevent uncontrolled, uneconomical spread of residential development since it results in excessive costs to the community for provision of essential public improvements and services (sewer and water lines, etc.).

(b)

Permitted uses.

(1)

Crop farming.

(2)

In-season roadside stands for the sale of farm products produced on the premises.

(3)

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

(4)

Single- or two-family dwellings for those resident owners and workers actually engaged in the principal permitted uses.

(5)

Parking as required in Article VI of this chapter.

(6)

Signs as required in Article VII of this chapter.

(7)

Home occupations subject to the provisions of this chapter.

(8)

Uses customarily incident to any of the above uses.

(9)

Public facilities including water utility, stormwater utility, and waste water treatment plants, equipment, mains, laterals, and all other related structures and appurtenances.

(c)

Conditional uses.

(1)

Churches, schools, municipal buildings and hospitals.

(2)

Airports, including terminal facilities and necessary concessions.

(3)

Golf courses.

(4)

Animal hospitals and kennels.

(5)

Raising of livestock, including poultry, beef and the like.

(d)

Dimensional requirements.

(1)

Lot size.

a.

Minimum lot area: One acre.

b.

Minimum lot width: 150 feet.

(2)

Required yards.

a.

Minimum front yard.

1.

Residential buildings: 40 feet.

2.

Nonresidential buildings: 60 feet.

b.

Minimum side yard.

1.

Residential buildings: Nine feet.

2.

Nonresidential buildings: 20 feet.

(3)

Maximum building height.

a.

Residential building: 35 feet.

b.

Agricultural building: 35 feet.

(Code 2005, § 13-1-33; Ord. No. 785A, § 5, 7-12-2022)

(a)

Purpose. To preserve and perpetuate in an open state certain areas, such as, but not limited to, lakes and waterways, wetlands and marshes, floodplains and streambeds, woodlands and other areas of aesthetic value which, because of their unique physical features, are deemed desirable and functional as natural drainageways and water retention areas, natural habitat for plant and animal life, green belts and other multiple-purpose uses beneficial to the community.

(b)

Permitted uses.

(1)

Management of forestry, wildlife and fish.

(2)

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

(3)

Hunting, fishing and trapping.

(4)

Dams, power stations and transmission lines.

(5)

Parks and forest preserves.

(6)

Uses customarily incident to any of the above uses.

(7)

Public facilities including water utility, stormwater utility, and waste water treatment plants, equipment, mains, laterals, and all other related structures and appurtenances.

(c)

Conditional uses.

(1)

Water pumping or storage facilities.

(2)

Golf courses.

(3)

Bicycle or hiking trails.

(4)

Public parking areas that are directly related to the use of the Conservancy District.

(d)

Dimensional requirements.

(1)

Lot size.

a.

Minimum lot area: None.

b.

Minimum lot width: None.

(2)

Required yards.

a.

Minimum front yard: 30 feet.

b.

Minimum side yard: Ten feet on each side.

c.

Minimum rear yard: 25 feet.

(3)

Maximum building height. All buildings: 35 feet.

(Code 2005, § 13-1-34; Ord. No. 783A, §§ 2, 3, 2-8-2022)

(a)

Purpose. To limit development of future construction to a reasonable height, use and appropriate location so as not to constitute a hazard for planes operating to and from the Chetek Southworth Municipal Airport.

(b)

Use restrictions:

(1)

All structures erected on Chetek Southworth Municipal Airport shall be erected in accordance with this chapter and with layout No. CMA1045, dated March 15, 1977, and shall be located a minimum of 250 feet from the centerline of any existing runway and a 7/1 slope after that point.

(2)

The location of buildings on said airport premises shall be pursuant to the schedule as set forth in the layout map referred to in Subsection (b)(1) of this section. Said hangar development shall be in accordance with the number system shown on said layout and shall be limited in the northerly areas to non-business-type structures with the exception of fixed-base operations. All business structures are to be located in the industrial air park area on said layout map. All hangars shall be only for aircraft and related purposes.

(3)

Structures erected shall conform to the following minimum requirements:

a.

All structures are to be of a single story in height.

b.

Structures are to be of a square or rectangular shape.

c.

Structures are to be a minimum outside dimension of 42 feet at the front thereof to provide for a 40-foot door opening, with a 35-foot depth and ten-foot high sidewalls.

d.

The exterior of all structures shall be of new materials.

e.

All structures shall be properly elevated to provide good drainage away from sidewalls and floor level.

f.

No structures may be built within 15 feet of any other structure.

g.

Soil surrounding a structure shall be leveled for good appearance at completion of construction.

(4)

The owner-erector of any structure on said facility shall comply with all other municipal ordinances, resolutions and regulations regarding the leasing of said parcel from the City.

(5)

These restrictions shall not apply to farm crops which are cut at least once a year.

(c)

Real estate abutting Airport District.

(1)

There shall be no access to the airport from private property that does not abut the airport.

(2)

There shall be no access to the airport from private property without the owner first entering into a private property access lease on terms acceptable to the City in its sole discretion.

(3)

Private property access shall be used only for the ingress and egress of aircraft.

(4)

Commercial aeronautical activity on private property is not permitted except as allowed as a conditional use.

(5)

Installation of aviation fuel storage or dispensing equipment is prohibited on private property except as allowed in a conditional use.

(6)

The City shall not provide taxiway to private property.

(7)

The property owner shall be responsible for maintaining that portion of the taxiway that lies on airport property between the lessee's property and the nearest appropriate point of access on an airport taxiway or runway.

(8)

The real property owner shall sign a noise and aviation easement and nonsuit covenants in a form acceptable to the City in their sole discretion.

(9)

All access agreements shall prohibit the subleasing or use of access to any other person or entity.

(10)

The access lease shall be for a term to be mutually agreed upon between the parties commensurate with the operator's financial investment and the owner's interest.

(11)

Lease rates will periodically be established by the City.

(12)

All agreements for access at the airport shall provide, without limitation, that the lessee agrees to waive, indemnify and hold the City of Chetek, its employees, officers, representatives, airport committee members, and attorneys and agents harmless against any and all liability and claims of any nature whatsoever for property, casualty and liability damage, injury or death arising in any manner out of the lessee's or its employee's, agent's or invitee's use of airport property and improvements or equipment or fixtures located thereon.

(d)

Public facilities allowed shall include: water utility, storm utility, and waste water treatment plant related equipment, mains, laterals, and all other related structures and appurtenances.

(Code 2005, § 13-1-35; Ord. No. 757A, § 3, 7-12-2016; Ord. No. 785A, § 8, 7-12-2022)

The requirements for property in the R-MH Mobile Home District shall be as provided in Article X of this chapter.

(Code 2005, § 13-1-36)

The requirements for property in the PUD District shall be as provided in Article III of this chapter.

(Code 2005, § 13-1-37)

(a)

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

Airport means the Chetek Municipal (Southworth) Airport located in Sections 29 and 32, Town 33N, Range 10W, Barron County, Wisconsin.

Airport hazard means any structure or object of natural growth, which obstructs the air space required for the flight of aircraft in landing or taking off at an airport or is otherwise hazardous to such landing or taking off.

Drone means a device as set forth in Wis. Stat. §175.55(1)(a), as amended.

Nonconforming use means any structure or tree which does not conform to a regulation prescribed in this section or an amendment thereto, as of the effective date of such regulation.

Person means any individual, firm, partnership, corporation, company, association, joint stock association, or body politic, and includes any trustee, receiver, assignee, or other similar representative thereof.

Runway means a level portion of an airport having a surface specially developed and maintained for the landing and take-off of aircraft.

Structure in this section means any manmade object, including movable or mobile objects, either permanently or temporarily attached to, installed, placed upon or set into the ground.

Trees do not include shrubs, bushes or plants which do not grow to a height of more than 20 feet.

(b)

Zones. All zones established by this section are as shown on the Official Zoning Map dated January 4, 1985, entitled, "Height Limitation Zoning Map, Chetek Municipal Airport, Chetek, Wisconsin," which is shown in Appendix A and is adopted as part of this Code of Ordinances by reference as if set forth in full herein.

(c)

Height limitation zones.

(1)

Except as otherwise provided in this section, no structure shall be constructed, installed, altered, located or permitted to remain after such construction, installation, alteration or location to a height in excess of the height limit indicated on the map referred to in Subsection (b) of this section.

(2)

Except as otherwise provided in this section, no trees shall be allowed to grow to a height in excess of the height limit indicated on the map referred to in Subsection (b) of this section.

(3)

Except as otherwise provided in this section, no drones shall be operated at or above a height in excess of the height limit indicated on the map referred to in Subsection (b) of this section.

(d)

Exceptions. The restrictions contained in Subsection (b) of this section shall not apply to objects which are less than 35 feet in height above ground level at the object site within one-half-mile of the airport boundary or to structures less than 50 feet in height above ground within the area beginning one-half mile from the airport boundary and extending to one mile from the airport boundary or to structures less than 100 feet in height above the ground within the area beginning one mile from the airport boundary and extending to three miles from the airport boundary.

(e)

Nonconforming uses.

(1)

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

(2)

Changes. Nothing herein contained shall require any change in the construction, alteration or intended use of any structure, if the construction or alteration of such was begun prior to April 8, 1986, and if such is diligently prosecuted.

(3)

Removal. This section shall not interfere with the removal of nonconforming uses by purchase or the use of eminent domain.

(f)

Administration. It shall be the duty of the Airport Committee to administer and enforce the regulations prescribed herein. Applications for permits and variances shall be made to the City upon a form furnished by the City. Applications which are by this section to be decided by the Airport Committee shall be granted or denied within 30 days of the date of filing of the application, unless Federal Aviation Administration approval is requested. Applications for action by the Board of Appeals shall be forthwith transmitted by the Airport Committee to the Board for hearing and decision. There shall be no charge for applications or permits.

(g)

Permits.

(1)

Future uses. No structure shall hereafter be constructed, erected or installed, or be permitted to remain in any zone created by Subsection (g)(2) of this section, until the owner or his agent shall have applied in writing for a permit therefor and obtained such permit from the City, except structures less than 35 feet in height above the ground and within one-half-mile of the airport boundary and structures less than, 50 feet in height above the ground within the area beginning one-half-mile from the airport boundary and extending to one mile from the airport boundary, and structures less than 100 feet in height above the ground within the area beginning one mile from the airport boundary and extending to three miles from the airport boundary. Said permit shall be posted in a prominent place on the premises prior to and during the period of construction, erection, installation or establishment. Application for such permit shall indicate the use for which the permit is desired, and shall describe and locate the use with sufficient particularity to permit the AirportCommittee to determine whether such use would conform to the regulations herein prescribed. If such determination is in the affirmative, the City of Chetek shall issue the permit applied for.

(2)

Existing uses. Before any nonconforming structure may be replaced, altered, or rebuilt, a permit shall be applied for an secured in the manner prescribed by Subsection (g)(1) of this section authorizing such change, replacement or repair. No such permit shall be denied if the structure will not become a greater hazard to air navigation than it was on April 8, 1986, or than it was when the application for permit was made.

(h)

Board of Appeals. The City of Chetek Board of Appeals is hereby authorized to act as the Board of Appeals for the purposes of this section. The Board of Appeals shall exercise the powers conferred by statute.

(i)

Appeals and review.

(1)

Variances. Upon appeal in special cases the Board of Appeals may, after investigation and public hearing, grant such variance from the terms of this ordinance as will not be contrary to the public interest, where owing to special conditions, a literal enforcement of this section would result in unnecessary hardship, and such relief will do substantial justice and be in accord with the spirit of this article, and does not create a hazard to the safe, normal operation of aircraft and the Chetek Airport.

(2)

Aggrieved person. Any person aggrieved or affected by any decision or action of the City made in the administration of this article may appeal such decision or action to the Board of Appeals.

(3)

Procedure. Any appeal taken pursuant to this section shall be in conformity with the procedure established in Wis. Stats. § 62.23(7)(e).

(j)

Penalties. Any person violating any of the provisions of this section shall, upon conviction, forfeit not less than the amount established from time to time by the Common Council and maintained in the penalty schedule available in the office of the City Clerk-Treasurer, together with the costs of prosecution, and in default of payment of forfeiture and costs of prosecution, shall be imprisoned in the County jail until said forfeiture and costs are paid, but not to exceed 30 days for each violation. Each day that a violation continues to exist shall constitute a separate offense.

(Code 2005, § 13-1-38; Ord. No. 746A, §§ I, II, 8-11-2015)

(a)

Purpose. The R-4 Personal Care Housing District is intended to provide a medium-to-high density living environment for the elderly, aged, and infirm that is similar to, and inclusive of, all other residential districts but provides opportunity for larger, multi-use buildings designed to allow for easier transition between housing arrangements requiring different levels of medical care and/or living assistance.

(b)

Permitted uses.

(1)

Any use permitted in the R-3 District.

(2)

Nursing homes as defined by Section 118-1, but having no fewer than ten certified beds, and no more than 100 certified beds.

(3)

Residential care apartment complexes ("RCRA") as defined by Wis. Stats. 50.01(6d).

(4)

Other assisted living facilities licensed by the State of Wisconsin.

(5)

Multi-use buildings shall be permitted, so long as the different uses are all permitted uses under this district or are ancillary or related uses to one or more permitted uses.

(c)

Conditional uses.

(1)

All uses permitted conditionally in the R-3 District.

(2)

Multi-use buildings in which any single use is not a permitted use, but would be a conditional use in an R-3 District.

(3)

Nursing homes as defined by Section 118-1 having more than 100 certified beds.

(d)

Dimensional requirements.

(1)

Lot size.

a.

Minimum lot area shall be at least two acres.

b.

Minimum lot width: 85 feet.

(2)

Yard for principal building.

a.

Front yard setback: 15 feet.

b.

Side yard setback: 10 feet.

c.

Rear yard setback: 10 feet.

(3)

Yard for accessory buildings. Side and rear yard setbacks are three feet for all accessory buildings.

(4)

Maximum building height.

a.

Principal building: 35 feet.

b.

Accessory building: 35 feet.

(5)

Interpretation. These dimensional requirements shall supersede any other more restrictive requirements imposed under any other part of this Code of Ordinances.

(Ord. No. 753A, § II, 11-10-2015)

(a)

Purpose. The residents of the City of Chetek 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 Groundwater Protection Overlay District to institute land use regulations and restrictions to protect the City's municipal water supply and well fields, and to promote the public health, safety and general welfare of City residents.

(b)

Authority. Statutory authority of the City to enact these regulations was established by the Wisconsin Legislature in Wis. Stats § 62.23(7)(am) and (c). Under these statutes, the City has the authority to enact this ordinance [from which this section derives], effective in the incorporated areas of the City, to encourage the protection of groundwater resources.

(c)

Application. The regulations specified in this Groundwater Protection Overlay District ordinance (hereinafter, "GPO ordinance") shall apply within the area surrounding each municipal water supply well that has been designated as a "wellhead protection area" by the City 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 general zoning ordinance provisions, the more restrictive provisions shall apply.

(d)

Groundwater Protection Overlay District. The location and boundaries of the zoning districts established by this section are set forth in the City of Chetek's most recent and up to date wellhead protection plan on the map titled "Wellhead Protection Area" [on file in the City of Chetek office] which is 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. The Groundwater Protection Overlay District is intended to protect the groundwater recharge area for the water supply for the City of Chetek from contamination.

(e)

Permitted uses. The following uses are permitted in the Groundwater Protection Overlay District subject to the separation distances in subsection (h):

(1)

Parks, provided there is no on-site waste disposal or fuel storage tank facilities associated with this use.

(2)

Playgrounds.

(3)

Wildlife areas.

(4)

Non-motorized trails, such as bike, skiing, nature and fitness trails.

(5)

Residential, commercial and industrial establishments that are municipally sewered and where the aggregate amount of hazardous chemicals in use, stored, handled and/or produced does not exceed 20 gallons or 160 pounds at any time, with exceptions for those uses listed as "conditional" or "prohibited" in subsections (f) and (g) below.

(6)

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.

(f)

Conditional uses. The following uses may be conditionally permitted in the Groundwater Protection Overlay District subject to the separation distances provided for in subsection (h) below, and governed by the conditional use provisions in this Chapter 118. The types of conditions the City Council may require include, but are not limited to (1) periodic environmental and safety sampling, testing, and reporting to establish the continued protection of the public water supply; (2) installation of one or more groundwater monitoring well(s), at the expense of the applicant; (3) establishment of safety structures to prevent groundwater contamination; (4) establishment of an operational safety plan to define processes and procedures for material containment, operations monitoring, best management practices, and stormwater runoff management to prevent groundwater contamination; (5) written policies and procedures for reporting and cleaning up any spill of a hazardous material; (6) the provision of copies of all federal, state and local facility operation approvals or certificates, and on-going environmental monitoring results to the City; (7) a written agreement pursuant to which the applicant agrees to be held financially responsible for all environmental cleanup costs in the event of groundwater contamination; and (8) bonds and/or other security satisfactory to the City for future monitoring and cleanup costs if groundwater contamination occurs in the future. These conditional uses that may be permitted are as follows:

(1)

Hydrocarbon, petroleum or hazardous chemical storage tanks. (Hazardous chemicals are identified by OSHA under 29 CFR 1910.1200(c) and by OSHA under 40 CFR Part 370.)

(2)

Motor vehicle services, including filling and service stations, repair, renovation and body work.

(3)

Residential, commercial and industrial establishments that are municipally sewered and whose aggregate amount of hazardous chemicals in use, stored, handled, and/or produced exceeds 20 gallons or 160 pounds at any time.

(4)

Stormwater infiltration basins.

(5)

Geothermal wells, also known as ground source heat pump along with any associated piping and/or ground loop component installations.

(6)

Other uses deemed by the City to be of low risk of material harm to the applicable recharge area for the City's wells.

(g)

Prohibited uses. The following uses are prohibited in the Groundwater Protection Overlay District:

(1)

Cemeteries.

(2)

Chemical manufacturers (Standard Industrial Classification Major Group 28).

(3)

Coal storage.

(4)

Dry cleaners.

(5)

Electroplating facilities.

(6)

Foundries and forge plants.

(7)

Industrial liquid waste storage lagoons and pits.

(8)

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

(9)

Manure and animal waste storage.

(10)

Mining of any kind, including metallic, sand and aggregate pits.

(11)

Pesticide and fertilizer dealer, manufacturing, transfer or storage facilities.

(12)

Private on-site wastewater treatment systems or holding tanks receiving 12,000 gallons per day or more.

(13)

Railroad yards and maintenance stations.

(14)

Rendering plants and slaughterhouses.

(15)

Salt or deicing material bulk storage.

(16)

Salvage or junk yards.

(17)

Septage or sludge spreading, storage or treatment.

(18)

Stockyards and feedlots.

(19)

Wood preserving operations.

(20)

Any other use determined by the City Council to be similar in nature to the above listed uses.

(h)

Separation distances. The following separation distances as specified in s. NR 811.12(5), Wis. Adm. Code, shall be maintained within the Groundwater Protection Overlay District.

(1)

Ten 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 above ground storage tank with continuous electronic interstitial leakage monitoring. These facilities shall meet the installation requirements of s. ATCP 93.260 and receive written approval from the department of safety and professional services or its designated Local Program Operator under s. ATCP 93.110.

(2)

Fifty 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 percent of the pump shut-off head.

(3)

Two hundred 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 above ground storage tank or private onsite wastewater treatment system (POWTS) treatment tank or holding tank component and associated piping.

(4)

Three hundred 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 s. ATCP 93.260 and receive written approval from the department of safety and professional services or its designated Local Program Operator under s. ATCP 93.110, Wis. Admin. 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.

(5)

Three hundred feet between a well field and any farm above ground storage tank with double wall, or single wall tank with other secondary containment and under a canopy; other above ground 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 s. ATCP 93.260, Wis. Admin. Code, and receive written approval from the department of commerce or its designated Local Program Operator under s. ATCP 93.110, Wis. Admin. 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.

(6)

Four hundred 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 storm water retention or detention pond.

(7)

Six hundred 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 above ground storage tank with double wall, or single wall tank with other secondary containment and under a canopy or other above ground 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 s. ATCP 93.260 and receive written approval from the department of safety and professional services or its designated Local Program Operator under s. ATCP 93.110. 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.

(8)

One thousand feet between a well field and land application of 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, or commercial waste water 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.

(9)

Twelve hundred 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 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 above ground 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 s. ATCP 93.110, Wis. Admin. 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.

(i)

Definitions.

(1)

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

(2)

"Existing facilities" means current facilities, practices and activities which may cause or threaten to cause environmental pollution within that portion of the City's wellhead protection area that lies within the corporate limits of the City. Existing facilities include but are not limited to the type listed in the Department of Natural Resources' form 3300-215, Public Water Supply Potential Contaminant Use Inventory Form which is incorporated herein as if fully set forth.

(3)

"Groundwater Protection Overlay District" means that area of land which contributes water to a municipal well based on accepted hydrogeological research, outlined and described as a "wellhead protection area" by the City's wellhead protection plan.

(4)

"Recharge area" means the land area which contributes water to a well by infiltration of water into the subsurface and movement with groundwater toward the well as described in the City wellhead protection plan.

(5)

"Hazardous chemicals" means chemicals and chemical mixtures that are required to have an MSDS and meet the definition of a hazardous chemical under the OSHA regulations found at 29 CFR 1910.1200(c). Substances packaged for consumption for humans or animals are not considered hazardous chemicals. Hazardous chemicals include:

a.

Chemicals for which there is scientific evidence that acute or chronic health effects may result from exposure including carcinogens, toxic and highly toxic agents, irritants, corrosives, sensitizers, hepatotoxins, agents that act on the hematopoietic system, reproductive toxins, and agents which damage the lungs, skin, eyes, or mucous membranes as defined in 29 CFR 1910.1200, Appendix A, "Health Hazard Definitions (Mandatory)."

b.

Mixtures of chemicals which have been tested as a whole and have been determined to be a health hazard.

c.

Mixtures of chemicals which have not been tested as a whole but which contain any chemical which has been determined to be a health hazard and comprises one percent or greater of the composition on a weight-per-unit weight basis.

d.

Mixtures of chemicals which include a carcinogen if the concentration of the carcinogen in the mixture is one-tenth of one percent or greater of the composition on a weight-per-unit weight basis.

e.

Ingredients of mixtures prepared within the Groundwater Protection Overlay District in cases where such ingredients are health hazards but comprise more than one-tenth of one percent of the mixture on a weight-per-unit weight basis if carcinogenic, or more than one percent of the mixture on a weight-per-unit weight basis if not carcinogenic.

f.

Petroleum and non-solid petroleum derivatives (except non-PCB dielectric fluids used in equipment or for transmission of electric power to homes and businesses).

(6)

"Well field" means a piece of land used primarily for the purpose of supplying a location for construction of wells to supply a municipal water system.

(j)

Conformance/continuance.

(1)

Any existing facility or use which exists on the effective date of this ordinance [from which this chapter derives], but which is otherwise allowed under the City of Chetek Code of Ordinances, is not in violation of this GPO ordinance unless it shall be proven to a reasonable degree of scientific certainty that such existing facility or use is materially contributing to the existence of hazardous chemicals in the groundwater located in the recharge area. Further, said existing facility or use may continue, be repaired or renovated, rebuilt, remodeled, changed, expanded, or be temporarily suspended from time to time at generally the same location without limitations to cost or the requirement of obtaining a variance or conditional use. "Temporarily suspended" means for two years or less unless an exception is granted by the City Council.

(2)

Existing facilities shall provide copies of all Federal, State and local facility operation approvals or certificates and any ongoing environmental monitoring results to the City of Chetek.

(3)

Existing facilities shall provide, at their cost, additional environmental or safety monitoring as deemed necessary by the City of Chetek, specifically including the production of any and all environmental statements detailing the extent of chemical use and storage on the property.

(4)

Existing facilities shall have the responsibility of divising and/or filing with the City of Chetek a contingency plan satisfactory to the City of Chetek for the immediate notification of the appropriate City of Chetek officers in the event of an emergency.

(5)

This GPO Ordinance shall not apply to existing facilities owned by City of Chetek, wherever such facilities may now, or hereafter, be located, or to operations conducted by the City of Chetek, wherever such operations may now, or hereafter, be conducted.

(k)

Enforcement and penalties.

(1)

In the event an individual and/or entity causes the release of any contaminants which endanger the Groundwater Protection Overlay District, the individual or entity causing said release, and the owner of the real estate on which the release occurred, shall immediately cease and desist, and provide clean-up satisfactory to the City of Chetek.

(2)

The individual or entity causing said release, and the owner of the real estate on which the release occurred, shall be responsible for all costs of clean-up and the City of Chetek consultant fees at the invoice amount plus administrative costs for oversight, review and documentation, including all of the following:

a.

The cost of any and all City employees' time associated in any way with the clean-up based on the hourly rate paid to the employee multiplied by a factor determined by the City, representing the City's cost for expenses, benefits, insurance, sick leave, holidays, overtime, vacation, and similar benefits.

b.

The cost of City equipment employed.

c.

The cost of mileage reimbursed to any City employees attributed to the clean-up.

(3)

Following any such discharge, the City may require additional testing, monitoring or other requirements, all at the expense of the individual or entity causing said release, and the owner of the real estate on which the release occurred.

(4)

Violations. It shall be unlawful to construct or use any structure, land or water in violation of this section. Any person who is specifically damaged by such violations may institute appropriate action or proceeding to enjoin a violation of this section.

(5)

Penalties. Any person, firm or corporation who fails to comply with the provisions of this section shall, upon conviction thereof, forfeit not less than $100.00 nor more than $500.00 plus the costs of the prosecution for each violation, and in default of payment of such forfeiture and costs, shall be imprisoned in the County jail until payment thereof, but not exceeding 30 days, or in the alternative, shall have such costs added to their real estate property tax bill as a lien against the property. Each day a violation exists or continues shall constitute a separate offense.

(Ord. No. 770A, § 1, 2-12-2019)