Gilman City Zoning Code

ZONING DISTRICTS

§ 157.050 DISTRICTS ESTABLISHED.

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

(A) Residential districts:

(1) R-1 Single-Family Residence District; and

(2) R-2 Multiple-Family Residence District.

(B) Rural Development District RD;

(D) Industrial District ID;

(E) Public and Institutional District PI;

(F) Conservancy District W; and

(G) Wellhead Protection Overlay District WP.

(Prior Code, § 22.21(1)) (Ord. passed - -2011)

§ 157.051 ZONING DISTRICT MAP.

The boundaries of the aforesaid zoning districts are hereby established as shown on the “Village of Gilman Official Zoning Map”. The Official Map and all notations, references and other information shown thereon are a part of this chapter and shall have the same force and effect as if the matters and information set forth by said map were fully described herein. An official copy of this map, together with a copy of this chapter, shall be kept at the office of the Village Clerk. Any changes in zoning district boundaries shall be recorded on the map.

(Prior Code, § 22.21(2)) (Ord. passed - -2011)

§ 157.052 DISTRICT BOUNDARIES.

(A) 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.

(B) 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 line shall be construed to be the boundary of the district.

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

(Prior Code, § 22.21(3)) (Ord. passed - -2011)

§ 157.053 ZONING OF RIGHT-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.

(Prior Code, § 22.21(4)) (Ord. passed - -2011)

§ 157.054 R-1 SINGLE-FAMILY RESIDENCE DISTRICT.

(A) Purpose. The R-1 Single-Family Residence District is intended to provide a quiet, pleasant and low to moderate density living area protected from excessive traffic and nuisances, such as noise, odors, vibration, and uses which are incompatible with the provisions of this chapter for this district. The R-1 Single-Family Residence District shall be municipally sewered, unless extensions are not available. Nothing contained herein or any action whereby land is included in the R-1 District will prevent the Village Board from requiring sewer in the future.

(B) Permitted uses.

(1) Single-family dwellings;

(2) Public parks and playgrounds;

(3) Community living arrangement which has a capacity for eight or fewer persons being served by the program, subject to state licensing requirements;

(4) Family day care homes, limited to not more than eight children. Family day care homes shall be subject to state licensing requirements; and

(5) Accessory building or use, including a private detached garage or carport, and paved parking areas customarily incidental to the above uses, but not involving the conduct of a business.

(1) Elementary, junior and senior high schools;

(2) Fire stations;

(3) Churches and cemeteries;

(4) Museums, libraries and community centers not conducted for profit;

(5) Nursing homes, homes for the elderly and hospitals;

(6) Golf courses;

(7) Group day care homes licensed for nine or more children, subject to all state licensing requirements;

(8) Community living arrangements which have a capacity for nine or more persons being served by the program, subject to state licensing requirements;

(9) Private lodges and clubs;

(10) Public and private facilities, such as water wells, water and sewage pumping stations, water storage tanks, electrical power substations, telephone exchanges and microwave radio towers; and

(11) Home occupations (see § 157.032). Use may require a conditional use permit.

(D) Dimensional requirements.

(1) Lot size (see § 157.026).

(a) Minimum lot area.

1. Existing platted or CSM lots: 13,068 square feet. A 99-foot by 132-foot lot is considered a standard minimum lot.

2. New platted or CSM lots: 17,424 square feet. A 132-foot by 132-foot lot is considered a standard minimum lot.

(b) Minimum lot width.

1. Existing platted or CSM lots: 99 feet.

2. New platted or CSM lots: 100 feet.

(2) Setbacks and required yards for principal building (see § 157.027).

(a) Minimum front yard: 30 feet to foundation.

(b) Minimum side yard: six feet, 18 aggregate; or, if garage is attached, six feet on garage side, 12 feet on dwelling side.

(3) Setbacks and required yards for accessory building (see § 157.029). Side/rear yard setbacks are six feet for all accessory buildings, including detached garages (except 20 feet for garages facing an alley).

(E) Off-street parking. Off-street parking as required by § 157.035.

(Prior Code, § 22.21(5)) (Ord. passed - -2011)

§ 157.055 R-2 MULTIPLE-FAMILY RESIDENCE DISTRICT.

(A) Purpose. The R-2 Multiple-Family Residence 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. The R-2 Multiple-Family Residence District shall be municipally sewered, unless specifically exempted by the Village Board because sewer extensions are not available. Nothing contained herein, or any action whereby land is included in the R-2 District, will prevent the Village Board from requiring sewer in the future.

(B) Permitted uses.

(1) Single-family dwellings;

(2) Two-family dwellings;

(3) Multiple-family dwellings;

(4) Community living arrangement for 15 persons or less, subject to state licensing requirements;

(5) Bed and breakfast establishments subject to the following provisions:

(a) Bed and breakfast establishments shall require a permit in accordance with Wis. Adm. Code Chapter DHS 197; and

(b) Off-street parking provisions shall be required.

(6) Public parks and playgrounds.

(C) Permitted accessory uses. Private garages and carports and accessory buildings and structures incidental to residential uses.

(D) Conditional uses (see § 157.133).

(1) Community living arrangements which have a capacity for 16 persons or more, subject to state licensing requirements;

(2) Elementary, junior and senior high schools;

(3) Fire stations;

(4) Churches;

(5) Museums, libraries and community centers not conducted for profit;

(6) Nursing homes, homes for the elderly and hospitals;

(7) Golf courses;

(8) Group day care homes licensed for nine or more children, subject to all state licensing requirements;

(9) Private lodges and clubs;

(10) Boarding houses;

(11) Public and private facilities, such as water wells, water and sewage pumping stations, water storage tanks, electrical power substations, telephone exchanges, microwave radio towers, sewage disposal plants, municipal incinerators, power plants, shops and storage yards; and

(12) Home occupations (see § 157.032).

(E) Dimensional requirements.

(1) Lot size (see § 157.026).

(a) Minimum lot area.

1. Single-family dwelling: 13,068 square feet.

2. Two-family dwelling: 17,424 square feet.

3. Multiple-family dwelling: Lots shall have the minimum of the larger of 17,424 square feet or:

Dwelling Type	Minimum Lot Area
Multiple-family, 1 bedroom	2,178 SF per dwelling unit
Multiple-family, 2 bedroom	2,900 SF per dwelling unit
Multiple-family, 3 bedroom	4,000 SF per dwelling unit

(b) Minimum lot width. Minimum lot width: 100 feet.

(2) Setbacks and required yards for principal building (see § 157.027).

(a) Minimum front yard: 30 feet.

(b) Minimum side yard: § 157.054(D)(2) shall apply to all single- and two-family dwellings; ten feet for multiple-family dwellings.

(3) Setbacks and required yards for accessory building (see § 157.029). Side/rear yard setbacks are six feet for all accessory buildings.

(F) Off-street parking. Off-street parking as required by § 157.035.

(Prior Code, § 22.21(6)) (Ord. passed - -2011)

§ 157.056 RD RURAL DEVELOPMENT DISTRICT.

(A) Purpose. The RD Rural Development District is intended to allow for agricultural uses within the village.

(B) Permitted uses.

(1) Single-family dwellings;

(2) Two-family dwellings;

(3) Agricultural and general farming activities including dairying, livestock and poultry raising (except farms feeding offal or garbage and mink farms), crop production and forestry; and

(4) Sporting and pet animal kennels.

(1) Bed and breakfast establishments subject to the provisions of § 157.055(B)(5);

(2) Public parks and playgrounds; and

(3) Any other conditional use as stated in § 157.055(D).

(D) Dimensional requirements.

(1) Lot size.

(a) Minimum lot area: 17,424 square feet. A 132-foot by 132-foot lot is considered a standard minimum lot.

(b) Minimum lot width: 100 feet.

(2) Setbacks and required yards for principal and accessory building. Section 157.054(D)(3) shall apply to all accessory buildings.

(E) Off-street parking. Off-street parking as required by § 157.035.

(Prior Code, § 22.21(7)) (Ord. passed - -2011)

§ 157.057 C-1 CENTRAL BUSINESS DISTRICT.

(A) Purpose. The C-1 Central Business District is intended to provide for the orderly and appropriate regulations to ensure compatibility of the diverse uses typical of the “downtown” area without inhibiting the potential for maximum development of commercial, cultural, entertainment and other community activities which contribute to its role as the “center” of the village.

(B) Permitted uses.

(1) Retail sales establishments;

(2) Financial institutions;

(3) Personal and business service establishments;

(4) Commercial and professional offices;

(5) Hotels and motels;

(6) Restaurants, cafes, taverns and bars;

(7) Theaters and bowling alleys;

(8) Auditoriums and community centers;

(9) Government offices, post offices and libraries;

(10) Medical and dental clinics;

(11) Clubs and lodges;

(12) Newspaper and magazine publishers;

(13) Day care centers, provided all state requirements are met;

(14) Churches;

(15) Multiple-family dwellings;

(16) Replacement of single- and two-family dwellings which have been damaged by fire, explosion, flood or other calamity;

(17) Gasoline service stations;

(18) Automobile and other vehicle sales; and

(19) Attached living quarters which is a rental residence, provided there is off-street parking.

(1) Rental residences on other than the basement;

(2) Attached living quarters which is occupied by the household of the owner of the establishment;

(3) Garages for storage and vehicles used in conjunction with the operation of the business or for occupants of the premises; and

(4) Off-street parking lots.

(D) Conditional uses (see § 157.133).

(1) Rest homes and nursing homes;

(2) Warehouses for local wholesale and retail establishments or for personal property;

(3) Public and private facilities, such as water wells, water and sewage pumping stations, water storage tanks, electrical power substations, telephone exchanges, sewage disposal plants, municipal incinerators, power plants, shops and storage yards;

(4) Light assembly or light manufacturing, including incubator facilities designed for start-up of business which may be limited in time of the permitted use;

(5) Single-family dwelling; and

(6) Two-family dwelling.

(E) Dimensional requirements.

(1) Lot size (see § 157.026).

(a) Minimum lot area: 2,000 square feet.

(b) Minimum lot width: 25 feet.

(2) Setbacks and required yards for principal building (see § 157.027).

(a) Minimum front yard: none required.

(b) Minimum side yard: none required, except when adjacent to or abutting a residential district, a side yard setback of ten feet shall be required.

(3) Setbacks and required yards for accessory building (see § 157.029). Minimum side yard: none required; however, side yard setbacks shall be six feet for all accessory buildings when adjacent or abutting a residential district.

(Prior Code, § 22.21(8)) (Ord. passed - -2011)

§ 157.058 C-2 GENERAL COMMERCIAL DISTRICT.

(A) Purpose. The C-2 General Commercial District is intended to provide for individual or small groups of retail and customer service establishments. This type of district is generally located away from the traditional Central Business District and provides such amenities as increased open space and off-street parking and loading facilities, making such retail centers more compatible with the character of adjacent residential districts or highway access.

(B) Permitted uses.

(1) Retail sales establishments;

(2) Financial institutions;

(3) Personal and business service establishments;

(4) Commercial and professional offices;

(5) Automotive sales and equipment service establishments, including gasoline service stations;

(6) Hotels and motels;

(7) Restaurants, cafes, taverns and bars;

(8) Theaters and bowling alleys;

(9) Auditoriums and community centers;

(10) Government offices, post offices and libraries;

(11) Clubs and lodges;

(12) Veterinary hospitals and clinics, provided that no service, including the boarding of animals, is offered outside of an enclosed building;

(13) Medical and dental clinics;

(14) Wholesale establishments;

(15) Day care centers, provided all state requirements are met;

(16) Rest homes and nursing homes;

(17) Boarding houses;

(18) Multiple-family dwellings, subject to § 157.055(E);

(19) Mini warehouses. Outdoor storage is limited to boats and recreational vehicles defined in § 157.010. All such outdoor storage shall be screened. The screening required shall consist of a fence or wall not less than five feet high. The fence or wall shall be constructed in a manner and of such material to impair direct vision of the outdoor storage area; and

(20) Lumber and building supply yards, providing that not more than 10% of the lot or tract is used for the open storage of products, materials or equipment.

(1) Parking (see § 157.035); and

(2) Accessory buildings and structures.

(D) Conditional uses (see § 157.133).

(1) Hospitals;

(2) Recreational establishments, including drive-in theaters, golf courses, golf or baseball driving ranges, archery fields, miniature golf courses or similar uses;

(3) Recreational vehicles camps, when such camps provide not less than 1,800 square feet of lot area for each cabin, recreational vehicle or tent, and when such camp is clearly bounded by a fence or hedge. The requirements of Wis. Adm. Code Chapter DHS 178 and all other applicable codes shall be minimum standards and may be supplemented by the Planning Committee;

(4) Sporting and pet animal kennels;

(5) Animal hospitals, including the outside boarding of animals;

(6) Automobile body repair shops;

(7) Transmitting towers, receiving towers, relay and microwave towers, including broadcast facilities and studios;

(8) Public and private facilities, such as water wells, water and sewage pumping stations, water storage tanks, electrical power substations, telephone exchanges, sewage disposal plants, municipal incinerators, power plants, shops and storage yards;

(9) Light assembly or light manufacturing, including incubator facilities designed for start-up of business which may be limited in time of the permitted use;

(10) Single-family dwelling; and

(11) Two-family dwelling.

(E) Dimensional requirements.

(1) Lot size (see § 157.026).

(a) Minimum lot area: 15,000 square feet.

(b) Minimum lot width: 100 feet.

(2) Setbacks and required yards for principal building (see § 157.027).

(a) Minimum front yard: 20 feet.

(b) Minimum side yard: six feet.

(3) Setbacks and required yards for accessory building (see § 157.029). Side and rear yard setbacks are six feet for all accessory buildings.

(F) Visual screening requirement. When adjoining or abutting a residential district, a visual screening may be required. Such visual screening shall consist of a single row hedge planting or solid wooden fence not less than six feet in height.

(Prior Code, § 22.21(9)) (Ord. passed - -2011)

§ 157.059 ID INDUSTRIAL DISTRICT.

(A) Purpose. This district is intended to provide for manufacturing and industrial development in those areas where the relationship to surrounding land use would create fewer problems of compatibility and would not necessitate as stringent regulatory controls. Such districts should not normally abut directly upon residence districts.

(B) Permitted uses.

(1) Manufacturing, assembly, fabrication and processing plants;

(2) 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;

(3) Printing and publishing houses and related activities;

(4) Tool making, cabinetry and repair shops;

(5) General warehousing;

(6) Lumber and building supply yards;

(7) Automobile body repair shop, not including the storage of junked or wrecked automobiles and parts;

(8) Public utility distribution lines, including but not limited to electric, gas, water, television cable and telephone distribution lines and other related accessories subject to approval by the Village Public Works Department;

(9) Transportation terminals, including trucking;

(10) Commercial service facilities intended primarily as a convenience for the industrial area such as restaurants, motels, gasoline service stations or similar uses; and

(11) Office buildings.

(1) Office, storage, power supply and other such uses normally auxiliary to the principal use;

(2) Off-street parking and loading facilities as required in § 157.035; and

(3) Residential quarters for the resident operator, guard or caretaker.

(D) Conditional uses.

(1) Kennels and animal hospitals, laboratories using animal products;

(2) Manufacture of cement, lime, gypsum, plaster of paris, acid, explosives, fertilizers or glue;

(3) Rendering plants, refineries or tanneries;

(4) Stockyards or slaughterhouses;

(5) Junk or salvage yards;

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

(7) Automobile body repair shops, including the storage of junked or wrecked automobiles and parts;

(8) Animal hospitals, kennels or laboratories using animal products;

(9) Any similar uses which in the opinion of the Planning Committee would not be hazardous, noxious or offensive to the surrounding area;

(10) Commercial service facilities intended primarily as a convenience for the industrial area such as restaurants, motels, gasoline service stations or similar uses;

(11) Transmission lines, antennas and towers, including but not limited to electric, gas, petroleum and telephone transmission lines, antennas and towers, whether installation is above or below ground, and other related accessories, substations, municipal water towers, pump houses, water and sewage treatment plants;

(12) Single-family dwellings;

(13) Two-family dwellings; and

(14) Multi-family dwellings.

(E) Dimensional requirements; setbacks.

(1) (a) Minimum front yard: 25 feet;

(b) Minimum side yard: 25 feet; 50 feet in aggregate; and

(2) For all but division (E)(1)(a) above, when adjoining or abutting a residence district, will maintain a minimum setback of 50 feet and with a minimum 15-foot wide, six-foot high planting screen.

(Prior Code, § 22.21(10)) (Ord. passed - -2011)

§ 157.060 PI PUBLIC AND INSTITUTIONAL DISTRICT.

(A) Purpose. The purpose of this district is to designate areas of public use such as parks, playgrounds, schools, governmental uses or other public areas; to delineate institutional uses, such as churches, hospitals and community facilities; and to distinguish areas for public service uses, and public and private utilities.

(B) Permitted uses.

(1) Municipal uses, village-owned and operated;

(2) Public parks and playgrounds;

(3) Public utility and public services uses;

(4) Non-commercial parking;

(5) Signs for municipal and public utility use;

(6) Public and private schools, athletic fields and related educational or recreational facilities;

(7) Government offices and facilities, and post offices;

(8) Churches and cemeteries;

(9) Public and private facilities, such as water wells, water and sewage pumping stations, sewage disposal plants, water storage tanks, electrical power substations, telephone exchanges, transmitting towers, receiving towers, relay towers, microwave radio towers, municipal storage yards;

(10) Public housing;

(11) Museums, libraries, auditoriums and community centers not conducted for profit;

(12) Nursing homes and hospitals; and

(13) Off-street parking and loading facilities as required in § 157.035.

(C) Dimensional requirements. In the Public and Institutional District, the requirements for lot area, lot width, setbacks and building height shall be consistent with basic planning and zoning principles and designed to encourage and promote improved aesthetic and environmental design. Such requirements as are made part of an approved site plan in accordance with the standards provided herein shall be construed to be enforced in accordance with this section.

(D) Procedure. The procedure for zoning of a Public and Institutional District shall be the same as required by §§ 157.110 through 157.116. In addition thereto, a site plan shall be required for zoning of a Public and Institutional District, prior to any physical change, as defined in division (D)(3) below, or any physical change in use to a property in a Public and Institutional District, and shall be subject to the following additional requirements:

(1) Site plan. The applicant shall file with the Planning Committee seven copies of a site plan which includes the following information:

(a) Name and address of the applicant. If the owner of the land is other than the applicant, a duly verified statement by the owner that the applicant is authorized by him or her to make the application;

(b) A statement describing the general character of the intended development, physical change or change in use;

(c) An accurate map of the project area, to include: its location, relationship to surrounding properties, including the zoning of adjacent properties, existing topography and natural drainage, all building and structure footprints, driveways, sidewalks, parking lots, utilities and stormwater ,management structures;

(d) Landscaping plans for the entire site, including provisions for visual screening; and

(e) Such other plans and specifications and information as may reasonably be required by the Planning Committee or Village Board.

(2) Visual screening requirement. When adjoining or abutting a residential district, a visual screening may be required. Such visual screening shall consist of a single row hedge planting or solid wooden fence not less than six feet in height.

(3) Any physical change defined. In this section, ANY PHYSICAL CHANGE means any new construction of a building or structure, or modification of any property located within a Public and Institutional District which significantly affects the quality of the physical and human environment in the judgment of the Planning Committee. Projects necessary to maintain or repair buildings and grounds that will not require exterior physical design changes or use changes, or accessory structures with all setbacks at a minimum of 25 feet and considered incidental to a principal use on the property, will be permitted without a site plan.

(4) Approval of the site plan. Within 30 days after completion of the filing of the site plan, the Planning Committee shall forward to the Village Board a recommendation that such site plan be approved as submitted, approved with modifications, approved with conditions, or disapproved. The approval of the site plan shall establish the basic right of use for the area in conformity with such plan as approved, which shall be established as an integral component of the Public and Institutional District regulations.

(E) Character and intensity of land use. In review of site plans and all other matters concerning the Public and Institutional District, the Planning Committee and Village Board shall consider the uses proposed and their intensity and arrangement on the site, which shall be of an aesthetic, environmental and operational character which:

(1) Will be compatible with the physical nature of the site, with particular concern for the preservation of natural features, tree growth and open space;

(2) Will produce an attractive environment of sustained aesthetic and environmental desirability; and

(3) Will not create a traffic or parking demand incompatible with the existing or proposed facilities to serve it.

(F) Village exempted from site plan. The village in the development, administration and management of its property is exempted only from division (D) above, except that the village shall follow §§ 157.110 through 157.116 for zoning to a Public and Institutional District. The Village Board shall determine the information, plans and specifications necessary for approvals of village uses, buildings or facilities within the Public and Institutional District, and the Planning Committee or Village Board may require visual screening for village properties pursuant to division (D)(2) above.

(Prior Code, § 22.21(11)) (Ord. passed - -2011)

§ 157.061 W CONSERVANCY DISTRICT.

(A) Purpose. The purpose of this district is to discourage development in natural areas with unique features or environmental hazards, provide areas to ensure proper water conservation and flood control, and provide areas for outdoor recreation and forestry pursuits.

(B) Permitted uses. Management of recreation, forestry, wildlife and fish.

(1) Parks and bicycle/hiking trails;

(2) Power stations, transmission lines, water pumping and storage facilities; and

(3) Golf courses.

(Prior Code, § 22.21(12)) (Ord. passed - -2011)

§ 157.062 GWP GROUNDWATER PROTECTION OVERLAY DISTRICT.

(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 section is to establish a groundwater protection overlay district to institute land use regulations and restrictions within a defined area which contributes water directly to the municipal water supply providing protection for the aquifer and municipal water supply of the village and promoting the public health, safety and general welfare of village residents.

(B) Authority. Statutory authority of the village to enact these regulations was established by the Wisconsin Legislature in 1983, Wisconsin Act 410 (effective May 11,1984), which specifically added groundwater protection, in Wis. Stats. §§ 59.97(1) (which has since been renumbered as § 59.69(1)) and 62.23(7)(c), to the statutory authorization for county and municipal planning and zoning to protect the public health, safety and welfare. In addition, Wis. Stats. § 61.35, the village has the authority to enact this section, effective in the incorporated areas of the village, to encourage the protection of groundwater resources.

(C) Application. The regulations specified in this Wellhead Protection section shall apply within the area surrounding each municipal water supply well that has been designated as a "wellhead protection area" by the village in the most recent and up-to-date wellhead protection plan, and are in addition to the requirements in the underlying zoning district, if any. If there is a conflict between this chapter and the zoning ordinance, the more restrictive provision shall apply.

(D) (1) GWP Groundwater Protection Overlay District boundaries. The location and boundaries of the zoning districts established by this chapter are set forth in the village’s most recent and up-to-date wellhead protection plan on the map titled "Wellhead Protection Area" (on file in the village office) incorporated herein and hereby made a part of this section. Said figures, together with everything shown thereon and all amendments thereto, shall be as much a part of this chapter as though fully set forth and described herein. This section thus promotes public health, safety, and welfare. The Groundwater Protection Overlay District is intended to protect the groundwater recharge area for the water supply from contamination.

(2) Note: Wellhead protection areas are derived from hydrologic studies and are based on the area surrounding a well where groundwater takes five years or less to travel from the land surface to the pumping well.

(E) Principal uses. The following uses are permitted in the Groundwater Protection Overlay District subject to the separation distances in division (H).

(1) Parks, playgrounds or wildlife areas, provided there is no on-site waste disposal or fuel storage tank facilities associated with this use.

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

(3) Residential, commercial and industrial establishments that are municipally sewered and whose use, aggregate of hazardous chemicals in use, storage, handling and/or production may not exceed 20 gallons or 160 pounds at any time, with the exception for those uses listed as "conditional" or "prohibited" in divisions (F) or (G) (hazardous chemicals are identified by OSHA under 29 CFR 1910.1200(c) and by OSHA under 40 CFR Part 370).

(4) 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. In accordance with § 157.133, the following uses may be conditionally permitted in the Groundwater Protection Overlay District subject to the separation distances in division (H):

(1) Hydrocarbon, petroleum or hazardous chemical storage tanks;

(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 use, aggregate of hazardous chemicals in use, storage, handling and/or production exceeds 20 gallons or 160 pounds at any time;

(4) Stormwater infiltration basins; and

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

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

(1) Animal waste storage areas and facilities;

(2) Application of fertilizer to manicured lawns or grasses in excess of the nutrient requirements of the grass;

(3) Asphalt product manufacturing plants;

(4) Dry cleaning establishments;

(5) Fertilizer manufacturing or storage facilities;

(6) Foundries and forge plants;

(7) Hazardous chemical processing or manufacturing facilities;

(8) Industrial liquid waste storage areas;

(9) Landfills or other areas for dumping, disposal or transferring of garbage, refuse, recycling, trash, or demolition material, including auto salvage operations;

(10) Metal reduction or refinement facilities;

(11) Mining operations, including metallic, gravel pits, industrial or frac-sand mining;

(12) Motor freight terminals;

(13) Petroleum or hazardous chemical storage greater than 110 gallons in any single wall petroleum storage tank (double wall storage tanks installations shall meet the requirements of 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); and

(14) Road salt or de-icing materials storage areas.

(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 & Water Construction in Wisconsin. Force mains shall be successfully pressure tested with water to meet the AWWA C600 pressure and leakage testing requirements for one hour at 125% of the pump shut-off head.

(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 municipal, commercial, or industrial waste; the boundaries of a land spreading facility for spreading of petroleum-contaminated soil regulated under state administrative regulations while that facility is in operation; agricultural, industrial, commercial or municipal 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) One thousand two 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) Existing non-conforming uses. In accordance with § 157.030, the lawful nonconforming use of a structure or land existing at the time of the adoption or amendment of this chapter may be continued although the use does not conform with the provisions of this chapter. However, only that portion of the land in actual use may be so continued and the structure may not be extended, enlarged, reconstructed, substituted, moved, or structurally altered except when required to do so by law or order or so as to comply with the provisions of this chapter.

(Ord. 2021, passed 8-8-2021)