(1)

Intent. District B of the groundwater protection overlay district is the area of land which contributes water to the municipal well starting at the line which delineates the cone of depression and ends at the line delineating the ten year time of travel. Land use regulations within Groundwater Protection Overlay District B are less restrictive than in Overlay District A because of longer flow times and a greater potential for remediation, dilution and attenuation. Agricultural Best Management Practices (BMP) minimizing use of pesticides and fertilizers are strongly encouraged.

(2)

Permitted Uses. The following uses are permitted within Groundwater Protection Overlay District B, provided that such uses are subject to minimum separation distances of Wis. Admin. Code ch. NR 811.12(5)(d). Uses not listed here or in section 7.2.5(4) are considered prohibited uses unless a determination of similarity to a permitted or special exception use (based on potential for groundwater contamination) is made by the Zoning Administrator.

(a)

All uses listed as permitted uses in Groundwater Protection Overlay District A.

(b)

Commercial, manufacturing and/or industrial uses served by municipal sanitary sewer, except those listed as prohibited uses.

(c)

Unsewered (single family) residential uses, subject to the conditions in section 7.2.5(3).

(3)

Design And Performance Standards. The following standards and requirements shall apply to all uses permitted within Groundwater Protection Overlay District B.

(a)

Minimum lot size for unsewered uses shall be two acres. Lot sizes less than two acres may be allowed for any one of the following:

1.

Existing lots of record on the effective date of this section;

2.

Developments which will be served by municipal sewer within five years of the approval of the development;

3.

Developments utilizing the "Open Space Design Option" of the "Portage County Subdivision Ordinance";

Only lots zoned Single Family Residence, One and Two Family Residence, and Waterfront Residence Districts as listed in section 7.1 Portage County Ordinances can be smaller than two acres. The number of units allowed shall be based on a net density calculation using a conventional subdivision design as a two acre subdivision but provided that an overall density of one unit per two acres is not exceeded.

(b)

Nitrogen applications on manicured lawn or grass may not exceed rates described in UW Extension publication A2303.

(c)

Natural vegetative covers, not requiring the use of pesticides or fertilizers after initial establishment are encouraged as an alternative to manicured lawn or grass.

(d)

All petroleum product storage tanks shall provide leak proof containment not less than 125 percent of the tank volume, except basement heating fuel storage tanks.

(e)

All storm drainage from commercial and industrial sites shall be retained on site or discharged to a municipally operated storm drain. If retained on site, storm water shall be discharged to settling ponds where it will percolate through at least six inches of topsoil with vegetation. Use of drywells or other subsurface drains for storm water drainage is prohibited.

(f)

Pesticide and fertilizer storage is permitted at the location of retail sales of these products, provided that the products are delivered in retail quantity containers and no repackaging and/or mixing is done on site.

(g)

Pesticide and fertilizer storage is permitted for on farm use by the owner or farm operator.

(h)

Bulk liquid pesticide/fertilizer storage containers exceeding 55 gallons are permitted providing the containers are located within a leakproof containment area not less than 125 percent of the volume of the largest container. ICC approved transport containers do not require containment.

(i)

Salt storage must conform to standards in Wis. Admin. Code ch. Trans. 277.

(j)

Fertilizer and animal waste shall not be applied at rates which exceed the nutrient requirements of the crops grown on the applicant site as listed in the University of Wisconsin Extension publication A2809, Nutrient Application Guidelines for field, vegetable, and fruit crops in Wisconsin.

(k)

Conduct and management of agricultural activities shall be subject to a farm plan (based on the potential for groundwater contamination) utilizing best management practices and applicable federal, state, and local standards to be approved by the land and water conservation section.

(4)

Special Exceptions. The following uses may be allowed as special exceptions within Groundwater Protection Overlay District B, provided that such uses are subject to minimum separation distances of Wis. Admin. Code ch. NR 811.12(5)(d).

(a)

Fertilizer storage and use associated with retail sales outlets;

(b)

Cemeteries;

(c)

Salt and deicing storage, including sand/salt combinations;

(d)

Recycling facilities;

(e)

Bus or truck terminals;

(f)

Commercial uses which do not require municipal sanitary sewer or POWTS including, but not limited to, mini-warehousing;

(g)

Gas Stations.

(5)

Prohibited Uses. The following uses are prohibited uses within Groundwater Protection Overlay District B except as provided in sections 7.2.5(3) or 7.2.5(4). These uses are prohibited based on the high probability that activities routinely associated with these uses (storage, use, and handling of potential pollutants) will cause groundwater contamination.

(a)

Below ground hydrocarbon, petroleum, or hazardous chemical bulk storage tank;

(b)

Animal confinement facilities;

(c)

Any unsewered commercial, manufacturing and/or industrial use;

(d)

Any commercial, manufacturing, or industrial use where hazardous chemicals are an integral part of such use including but not limited to:

1.

Bulk fertilizer and/or pesticide facilities;

2.

Dry cleaning businesses;

3.

Electroplating facilities;

4.

Exterminating businesses;

5.

Paint and coating manufacturing;

6.

Printing and duplicating businesses;

7.

Radioactive or toxic materials storage and waste facilities;

(e)

Asphalt and concrete products manufacturing;

(f)

Automobile, truck, agricultural implement and equipment, municipal, small engine, and other vehicle repair of a commercial nature;

(g)

Junk yards or auto salvage yards;

(h)

Landfills or waste disposal facilities;

(i)

Nonmetallic mining;

(j)

Septage and/or Sewage sludge spreading;

(k)

Slaughterhouses;

(l)

Spray wastewater facilities;

(m)

Wastewater treatment or disposal facilities that are commercial, industrial, or municipal.