Zoning districts are provided as follows:

(Ord. of 2-21-94(2), § 1)

(a)

Purpose. The R-1 single-family residential district is intended to provide for single-family residential land uses in urban areas served by public sewers. The district is also intended to protect the integrity of residential areas by prohibiting the incursion of incompatible nonresidential uses, and is for the exclusive location of single-family dwellings.

(b)

Permitted uses. The following uses are permitted within an R-1 district:

(1)

Single-family dwellings;

(2)

Accessory buildings not exceeding an area of more than 20 percent of the required rear yard; and

(3)

Uses customarily incidental to any of the above uses when located on the same lot and not involving the conduct of a business.

(c)

Requirements. In order to be considered a conforming lot or structure within an R-1 district, a lot or structure must:

(1)

Have a minimum lot size of 8,000 square feet per family and a minimum lot width of 80 feet;

(2)

Have a front yard setback of 30 feet, a rear yard setback of 25 feet, and a side yard setback of six feet;

(3)

Have a minimum living area of 900 square feet in the principal building;

(4)

Not exceed a maximum principal building height of 35 feet; and

(5)

Have an accessory building side yard setback of three feet and not exceed a maximum accessory building height of 15 feet.

(d)

Conditional uses. The following uses shall be considered conditional uses within an R-1 district:

(1)

Manufactured home park;

(2)

Legion halls;

(3)

Churches, public and parochial schools; and

(4)

Public parks and playgrounds.

(Ord. of 2-21-94(2), § 3)

(a)

Purpose. The R-2 single-family mixed district is intended to provide for single-family, two-family, split two-family dwellings and existing manufactured homes. The district is also intended to provide an area protected from traffic hazards.

(b)

Permitted uses. The following uses are permitted within an R-2 district:

(1)

Single-family dwellings;

(2)

Accessory buildings not exceeding an area of more than 20 percent of the required rear yard; and

(3)

Uses customarily incidental to any of the above uses when located on the same lot and not involving the conduct of a business.

(c)

Requirements. In order to be considered a conforming lot or structure within an R-2 single-family mixed district, a lot or structure must:

(1)

Have a minimum lot size of 6,000 square feet per family and a minimum lot width of 60 feet;

(2)

Have a front yard setback of 30 feet, a rear yard setback of 25 feet, and a side yard setback of six feet;

(3)

Have a minimum living area of 900 square feet per dwelling in the principal building;

(4)

Not exceed a maximum principal building height of 35 feet;

(5)

Have an accessory building side yard setback of three feet and not exceed a maximum accessory building height of 15 feet; and

(6)

Requirements for split two-family dwellings. Split two-family dwelling will have the same requirements as subparagraphs (1) through (5) of this paragraph for each of the two dwelling units, except as follows:

a.

The attached side yard setback (the common wall between the two dwellings) shall be zero feet.

b.

The minimum lot width for each dwelling unit shall be 30 feet.

(d)

Conditional uses. The following uses shall be considered conditional uses within an R-2 district:

(1)

Two-family dwellings;

(2)

Split two-family dwellings;

(3)

Manufactured homes;

(4)

Barbershops and beauty salons;

(5)

Bed and breakfast services;

(6)

Residential storage buildings not involving the conduct of a business;

(7)

Churches, public and parochial schools; and

(8)

Public parks and playgrounds.

(Ord. of 2-21-94(2), § 3; Ord. of 2-14-00(1), §§ I(3)—(5); Ord. No. 78-137, § I, 10-9-00; Ord. of 10-11-10(2))

(a)

Purpose. The R-3 multiple-family residential district is intended to provide appropriate areas for multifamily land uses only in urban areas served by public sewers. The district is also intended to provide rental housing in an area protected from traffic hazards.

(b)

Permitted uses. The following uses shall be considered permitted uses within an R-3 district:

(1)

Multifamily dwellings containing up to and including four residential units.

(2)

Public parks and playgrounds.

(c)

Conditional uses. The following uses shall be considered conditional uses within an R-3 district:

(1)

Charitable institutions, rest homes or nursing homes, private nonprofit clubs and lodges;

(2)

Group homes and assisted living facilities for the disabled or elderly;

(3)

Churches, public and parochial schools, and licensed daycare facilities;

(4)

Multifamily dwellings containing more than four residential units.

(d)

Requirements. In order to be considered a conforming lot or structure within an R-3 multiple-family residential district, a lot or structure must:

(1)

Have a minimum living space of 900 square feet per residential unit, a minimum lot size of 4,000 square feet per residential unit up to and including four residential units, and a minimum lot size of 2,500 square feet per residential unit thereafter and a minimum lot width of 100 feet.

(2)

Have a front yard setback of 30 feet, a rear yard setback of 25 feet, and a side yard setback of 15 feet;

(3)

Not exceed a maximum principal building height of 45 feet; and

(4)

Have an accessory building side yard setback of three feet and not exceed a maximum accessory building height of 20 feet.

(Ord. of 2-21-94(2), § 3; Ord. No. 78-138, § I, 3-11-02; Ord. No. 78-138, § I, 6-13-05; Ord. of 3-9-09(2), §§ I(1)—(3); Ord. of 10-11-10(2), § I; Ord. of 12-13-10(1), § I)

(a)

Purpose. The B-1 central business district is intended to provide an area for central business needs of the community and to create an area of specialized retail and service business.

(b)

Permitted uses. The following uses shall be considered permitted uses within a B-1 central business district:

(1)

Residential units above commercial uses;

(2)

Banks;

(3)

Taverns and restaurants;

(4)

Antique and second-hand stores;

(5)

Grocery stores;

(6)

Bakeries;

(7)

Barbershops and beauty shops;

(8)

Florists;

(9)

Clothing stores;

(10)

Hardware stores;

(11)

Clinics;

(12)

Drugstores;

(13)

Public and semi-public uses such as fire stations, emergency shelters, and village garages;

(14)

Service stations.

(c)

Conditional uses. The following uses shall be considered conditional uses within a B-1 central business district:

(1)

Professional, governmental and business offices;

(2)

Places of entertainment;

(3)

Monument works;

(4)

Bed and breakfast establishments;

(5)

Craft or skilled trade operations such as quilting shops, stained glass studios, pottery, sculpture or art studios and woodworking shops. Such operations are allowed in the B-1 district as long as they will not involve, in the sole discretion of the village board, excessive noise, dust, smoke, unpleasant odors or similar effects likely to disturb surrounding property owners or the general public. No outside storage of supplies or materials is permitted.

(d)

Requirements. In order to be considered a conforming lot or structure within a B-1 district, a lot or structure must:

(1)

Have a minimum lot size of 4,000 square feet on sewered lots, and lot size of 20,000 square feet on unsewered lots;

(2)

Not exceed a maximum principal building height of 45 feet; and

(3)

Have an accessory building side yard setback of three feet and a maximum accessory building height of 25 feet.

(Ord. of 2-21-94(2), § 4; Ord. No. 78-171, § I, 3-11-02; Ord. 07-03A, § I, 7-14-03; Ord. of 3-9-09(2), §§ I(4), (5); Ord. of 9-14-09, §§ I(1), (2); Ord. of 12-13-10(2), § I)

(a)

Purpose. The B-2 highway business district is intended to provide an area for the businesses oriented towards the highway user, tourist or temporary visitors to the village.

(b)

Permitted uses. The following uses shall be considered permitted uses within a B-2 highway business district:

(1)

Service stations;

(2)

Drive-in restaurants and restaurants;

(3)

Hotels and motels;

(4)

Banks and drive-through banking services;

(5)

Car washes;

(6)

Truck stops;

(7)

Public and semi-public uses such as fire stations, emergency shelters and village garages;

(8)

Retail sales establishments;

(9)

Day care centers.

(c)

Conditional uses. The following uses shall be considered conditional uses within a B-2 highway business district:

(1)

Funeral homes;

(2)

Monument works;

(3)

Recycling facilities;

(4)

Well houses, lift stations, pump houses and booster stations;

(5)

Craft or skilled trade operations such as quilting shops, stained glass studios, pottery, sculpture or art studios and woodworking shops. Such operations are allowed in the B-2 district as long as they will not involve, in the sole discretion of the village board, excessive noise, dust, smoke, unpleasant odors or similar effects likely to disturb surrounding property owners or the general public. No outside storage of supplies or materials is permitted;

(6)

Professional, governmental and business offices;

(7)

Self-storage facilities;

(8)

Automobile sales lots.

(d)

Requirements. In order to be considered a conforming lot or structure within a B-2 district, a lot or structure must:

(1)

Have a minimum lot size of 8,000 square feet and a minimum lot width of 80 feet;

(2)

Have a front yard setback of 40 feet, a rear yard setback of 20 feet, and a side yard setback of 20 feet;

(3)

Not exceed a maximum principal building height of 45 feet; and

(4)

Have an accessory building side yard setback of three feet and a maximum accessory building height of 25 feet.

(Ord. of 2-21-94(2), § 4; Ord. No. 78-172, § I, 3-11-02; Ord. No. 12-03, § I, 12-1-03; Ord. of 3-9-09(2), §§ I(6), (7); Ord. of 12-13-10(2), § I; Ord. of 8-24-15(1), § I; Ord. of 11-28-2011(1), § I; Ord. of 02-11-2013(1), § I)

The M-1 manufacturing district is intended to provide for industry and manufacturing in areas suited for industry based on location, topography, existing streets and potential for utilities, and relationships to other uses. The M-1 district is intended to keep out uses not compatible with industry.

(Ord. of 2-21-94(2), § 5(1))

The following uses shall be considered permitted uses within an M-1 district:

(1)

Wholesale businesses without open storage;

(2)

Storing and warehousing of products without open storage;

(3)

Lumberyards; and

(4)

Milk plants and creameries.

(Ord. of 2-21-94(2), § 5(2); Ord. No. 78-202, § I, 3-11-02; Ord. of 3-9-09(2), §§ I(8), (9))

The following uses shall be considered conditional uses within an M-1 district:

(1)

The manufacturing, processing or assembly of goods which do not require open storage;

(2)

Repair, service, processing or assembly of goods which do not require open storage;

(3)

All permitted uses with open storage;

(4)

Commercial processing, but not the butchering of fowl or animals.

(5)

Retail sale of products manufactured, processed or packaged at the same or an attached facility.

(Ord. of 2-21-94(2), § 5(2); Ord. No. 78-202, § I, 3-11-02; Ord. of 3-9-09(2), § I(9); Ord. of 10-08-2018(1), § I)

In order to be considered a conforming lot or structure within an M-1 district, a lot or structure must:

(1)

Have a minimum lot size of one acre and a minimum lot width of 100 feet;

(2)

Have a front yard setback of 15 feet, rear yard setback of 15 feet, and a side yard setback of 15 feet;

(3)

Not exceed a maximum building height of 100 feet; and

(4)

Have a side yard setback of five feet for accessory buildings.

(Ord. of 2-21-94(2), § 5(3); Ord. No. 78-203, § I, 5-13-02; Ord. of 3-9-09(2), § I(9))

The C conservancy district is intended to preserve the natural state of scenic areas in the community, to prevent the uncontrolled, misplaced, uneconomical spread of residential, business or other development; to prevent soil and water pollution; and to help discourage intensive development of marginal and floodplain lands so as to prevent potential hazards to public and private property.

(Ord. of 2-21-94(2), § 6(1))

The following uses are permitted within a C district:

(1)

Parks and parkways, recreation areas, cemeteries;

(2)

Management of forestry, wildlife and fish;

(3)

Harvesting of wild crops, such as marsh hay, ferns, moss, berries, tree fruits and tree seeds;

(4)

Fishing; and

(5)

Uses customarily incidental to any of the above uses.

(Ord. of 2-21-94(2), § 6(2))

The following requirements apply within a C district:

(1)

A minimum lot size of 6,000 square feet and a minimum lot width of 42 feet.

(Ord. of 2-21-94(2), § 6(3))

The following uses shall be considered conditional uses within a C district:

(1)

Gravel or sand pits and quarries, including the washing and grading of products;

(2)

Upon written permission from the village board in keeping with the purpose of this chapter, after recommendation of the board of appeals, after a public hearing, landfill areas, sewage disposal and treatment plants, village garages, water pumping or storage facilities, amusement parks, golf courses and driving ranges, public recreation buildings, and public or private camping grounds; and

(3)

Dams and transmission lines.

(Ord. of 2-21-94(2), § 6(4))

The A agricultural district is intended to delineate and protect the areas best suited for agriculture and to provide for controlled growth.

(Ord. of 2-21-94(2), § 7(1))

The following uses are permitted within an A district:

(1)

Single-family residences;

(2)

General farming, including raising of crops and keeping of farm animals, including but not limited to cattle, fowl, rabbits, sheep, goats, and horses, except farms operated for the disposal of garbage, rubbish, offal or sewage; feedlot limited to 150 livestock units or less; poultry farm housing limited to 10,000 birds or less; signs not over eight square feet in area advertising the sale of farm products produced on the premises; and

(3)

Farm buildings only when accessory to a single-family residence.

(Ord. of 2-21-94(2), § 7(2))

In order to be considered a conforming lot or structure within an A district, a lot or structure must:

(1)

Have a minimum lot area of ten acres and a minimum lot width of 150 feet;

(2)

Have a front yard setback of 30 feet, a rear yard setback of 25 feet, and a side yard setback of six feet;

(3)

Not exceed a maximum principal building height of 35 feet; and

(4)

Have an accessory building side yard setback of three feet and no maximum accessory building height, except that all accessory buildings must be set back from all road and easements or road lines and property boundaries at a distance at least equal to their height.

(Ord. of 2-21-94(2), § 7(3))

The following uses shall be considered conditional uses within an A district:

(1)

Microwave radio, relay structure, radio broadcast, and television structure;

(2)

Public and private campgrounds;

(3)

Kennels;

(4)

Stables;

(5)

Salvage yards and sanitary landfill sites which must be licensed by the state; and

(6)

Public and semipublic uses.

(Ord. of 2-21-94(2), § 7(4))

The planned unit development district and uses created herein are intended to provide opportunity for the construction of quality developments by providing flexible guidelines where strict adherence to zoning codes preclude the use of innovative but sound development principles.

(Ord. of 2-21-94(2), § 10)

A planned unit development shall be a separate residential district that is identifiable as a distinct neighborhood and may contain one-family, two-family or multifamily dwellings. It shall have a minimum size of six acres.

(Ord. of 2-21-94(2), § 10)

(a)

Landscaped yard. A landscaped yard shall be provided and maintained along all streets and traveled rights-of-way. The yard shall be at least 25 feet in depth along all streets as measured from the street right-of-way. The yard shall extend along the entire frontage(s) of the lot except for driveways, and shall be kept clear of all storage, structures, and off-street parking.

(b)

Exceptions. Any landowner intending to propose a yard of less than the required 25 feet in depth must first apply for and receive a variance to that requirement. The plan commission may approve the variance if, in their judgment, the alternative plan is in conformity with the intent and purpose of this division and reasonably related to the established pattern of the neighborhood. Before any such alternative plan shall be approved it shall contain as a minimum a buffer area on both sides of driveways and curb cuts with a minimum of 25 feet in depth as measured from street right-of-way and not less than eight feet in width as measured parallel to the driveway.

(Ord. of 2-21-94(2), § 10)

An interior side yard shall be provided for those parcels in a planned unit development district which borders upon other districts; such side yard shall abut the adjacent district and shall be not less than eight feet in width except that for accessory buildings not exceeding 500 square feet in area the minimum width of such interior side yard shall be three feet.

(Ord. of 2-21-94(2), § 10)

(a)

All materials, machinery and equipment shall be stored within a building or fully screened so as not to be visible from adjoining or adjacent lands, except for the following: laundry drying lines and recreational equipment; construction materials, machinery and equipment currently being used on the premises during the course of construction; landscaping equipment and machinery currently being used or intended for use on the premises.

(b)

Major recreational equipment, defined for the purposes of this division as travel trailers, pickup campers or coaches, motorized dwellings, tent trailers, boats and boat trailers, less than eight feet in height above the ground may be stored in any rear yard except when such yard is adjacent to a street. In additional to the general eight-foot height permitted, minor portions of such equipment not exceeding four square feet in vertical cross-section as viewed from the adjacent lot line is permitted. No such equipment shall be stored out of doors unless it is in condition for safe and effective performance of the function for which it is intended or can be made so at a cost not exceeding the value of the equipment in its existing state; in no event shall any such equipment be so stored for a period of more than 60 days if not in condition for safe and efficient performance of its intended function.

(Ord. of 2-21-94(2), § 10)

In all areas, all waste material, debris, refuse or garbage shall be kept in an enclosed building or properly contained in a closed container designed for such purposes. Trash and garbage receptacles must be screened from view from off the site and are prohibited in front yards and the setback area of rear and side yards.

(Ord. of 2-21-94(2), § 10)

Landscaping shall be provided and maintained for all yard areas except those utilized for driveways and off-street parking and shall consist of grass, shrubs and trees suitable for the climatic and soil conditions of the site area.

(Ord. of 2-21-94(2), § 10)

The following requirements for the planned unit developments supersede anything in this Code to the contrary. For residential uses, off-street parking shall be provided a minimum ration of two spaces for each dwelling unit except that for instances such as housing projects for the elderly, a ratio of 1:1 may be provided at the discretion of the village board upon recommendations of the plan commission.

(Ord. of 2-21-94(2), § 10)

Screening shall be required where any off-street parking area contains more than four parking spaces. Such screening shall conform to the spirit of this division.

(Ord. of 2-21-94(2), § 10)

The traffic generated by any use shall be channeled and controlled in a manner that will avoid congestion on the public streets, traffic hazards, and excessive traffic through residential areas, particularly truck traffic. Internal traffic shall be so regulated as to ensure a safe and orderly flow.

(Ord. of 2-21-94(2), § 10)

(a)

Roof-mounted mechanical equipment installed on buildings constructed within the planned unit development district shall be screened from view. This requirement shall be deemed satisfied when all parts of the roof-mounted equipment are not visible from ground level observation or at any point on the property, adjacent property, or from adjacent streets.

(b)

Screening required by this section shall comply with the following:

(1)

The screening shall be permanently attached to the building and shall be capable of withstanding all load requirements as outlined in applicable codes.

(2)

The screening shall be constructed with materials that are architecturally compatible with the building. The use of wood, in whole or in part, as a screening material shall not be considered as being architecturally compatible unless the building is constructed with a wood exterior.

(3)

A parapet wall of sufficient height and as an integral part of the building shall be considered as approved screening.

(4)

All rooftop screening shall be kept in repair or in a proper state of preservation.

(5)

Existing screening which requires major alteration or replacement shall meet the requirements of this section.

(Ord. of 2-21-94(2), § 10)

(a)

Review scope. An application to construct a planned unit development must be reviewed in a manner which is consistent with the procedures set forth in this section and those procedures required by state statutes.

(b)

Constitution of review authority. Planned unit development applications shall be subject to review by the village board based on plan commission recommendations and a public hearing.

(c)

Preapplication conference.

(1)

A developer desiring to obtain a conditional use permit to construct a planned unit development may request a preapplication conference with the plan commission prior to submitting an application for the conditional use.

(2)

The purpose of this preapplication conference shall be to familiarize both the developer and the plan commission with each other's intentions with respect to the planned unit development. Although a preapplication conference shall not be required, this preliminary meeting between the plan commission and the developer is desirable since it should help clarify many procedural and policy issues.

(3)

The developer shall not be required to present any written or graphic materials at the preapplication conference. The plan commission cannot approve a conditional use at the preapplication conference.

(d)

Development proposal.

(1)

The written and graphic information specified in this section must be submitted for the entire proposed project. A copy of the development proposal shall remain open to the public during the application process and shall be located in the village clerk-treasurer's office.

(2)

The purpose of the development proposal shall be to provide the plan commission with an opportunity for in-depth substantive review of the planned unit development before final designs are developed.

(3)

The development proposal shall include written and graphic materials.

a.

Written materials shall include but not be limited to the following:

1.

Legal description of the total development parcel proposed for development including exact location and a statement of present and proposed ownership.

2.

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

3.

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

4.

Statement of intentions regarding the future selling or leasing of all or portions of the planned unit development, such as land areas, dwelling units, and public facilities.

5.

The impact of the development on existing village services outside the development.

b.

Quantitative data including:

1.

Parcel size.

2.

Proposed lot coverage of structures.

3.

Total amount of usable open space, both private and public.

4.

Total number and type of dwelling units by number of bedrooms.

5.

Approximate gross residential densities.

6.

Number of parking spaces to be provided.

7.

Total length of streets to be conveyed to the village government.

8.

Total length of streets to be held as private ways within the development.

9.

Description of type of other public works to be conveyed to the village government.

10.

Number and types of public facilities.

c.

Graphic materials shall include but not be limited to the following:

1.

Map of existing site conditions, including contours, watercourses, floodplains, unique natural features, existing vegetation, existing buildings.

2.

Existing and proposed lot lines.

3.

Location and size of gross floor area of all existing and proposed buildings, structures and other improvements, including maximum heights and types of dwelling units.

4.

Location and size in square feet of all usable open space and areas to be conveyed, dedicated or reserved as common open spaces and recreation areas.

5.

The existing and proposed circulation including off-street parking areas, service areas, loading areas, and all points of access to existing public rights-of-way.

6.

Proposed pedestrian circulation system.

7.

Existing and proposed utility systems, including sanitary sewers, storm sewers, water and gas lines, and utility easements.

8.

Landscape plan indicating the treatment of materials used for private and common open spaces.

9.

Location of trash and garbage receptacles and type of screening.

10.

Proposed treatment of the perimeter of the development, including materials and techniques used such as screens, fences and walls.

d.

Approval of the development proposal shall be granted by the village board upon recommendation of the plan commission and following a public hearing where the development proposal:

1.

Conforms with the general development controls set forth in this section.

2.

Conforms with adopted comprehensive plan for the portion of the village in which the planned unit development district is located.

3.

Provides benefits to the village which outweigh its adverse effects; in making this determination, the plan commission shall consider the following:

i.

Quality of site design, including integration of a variety of land uses, building types, and densities, preservation of natural features, compatibility and adjacent land uses, provision and type of open spaces, provision of other amenities designed to benefit the general public.

ii.

Traffic flow and safety.

iii.

Adequacy of utilities and other public works facilities.

(Ord. of 2-21-94(2), § 10)

(a)

The final development plan shall be submitted to the village clerk-treasurer. It shall include all of the previously specified data and, in addition, any changes approved by the village board.

(b)

In lieu of completing all of the elements in the development proposal, the village board may accept a bond in an amount equal to the estimate costs for completing the project.

(Ord. of 2-21-94(2), § 10)

(a)

The residents of the Village of Hammond depend exclusively on groundwater for a safe drinking water supply. Certain land use practices and activities can seriously threaten or degrade groundwater quality. The purpose of this Wellhead Protection Ordinance is to institute land use regulations and restrictions to protect the village's municipal water supply and well fields, and to promote the public health, safety and general welfare of the residents of the Village of Hammond.

(b)

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

(Ord. of 12-13-04, § I)

The regulations specified in this division shall apply only to lands within 1,500 feet of the Hammond municipal wells (cones of depression) or within the five-year time of travel (TOT) of these wells and which also lie within the Village of Hammond corporate limits.

(Ord. of 12-13-04, § I)

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

Provisional use. Land use or development that either by design or operation requires additional technical or regulatory review and permitting in order to exist within defined areas of a wellhead protection district.

Cone of depression. The area around a well, in which the water level has been lowered at least one tenth of a foot by pumping of the well. The Wisconsin Geological and Natural History Survey identified the cone of depression to be a radius of 1,422 feet.

Design standards. Regulations that apply to the development of structures and infrastructure within a designated wellhead protection district.

Five-year time of travel (TOT) area. The recharge area, the outer boundary of which it is determined or estimated that groundwater and potential contaminants will take five years to reach a pumping well. The five-year TOT for the Hammond well fields is established based on flow path modeling contained in the report entitled "Wellhead Protection Plan, Well No. 1 and 2, Village of Hammond, St. Croix County, Wisconsin."

Groundwater protection overlay district. That area described within the village's wellhead protection plan.

Municipal water supply. The municipal water supply of the Village of Hammond.

Permitted use. Land use or development that by design or operation is allowed without further technical or regulatory review within defined areas of a wellhead protection district.

Groundwater recharge area. "Recharge area" means the area in which water reaches the zone of saturation by surface infiltration and encompasses all areas or features that supply groundwater recharge to a well. This area is identified in Figure 2 of the Village's Wellhead Protection Plan.

Regulated substances. Chemicals and chemical mixtures that are health hazards. Health hazards for chemicals and chemical mixtures are typically identified on material safety data sheets (MSDS) available from the substance manufacturer or supplier. Substances packaged for consumption for humans or animals are not considered regulated substances. Regulated substances include:

(1)

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)."

(2)

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

(3)

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.

(4)

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.

(5)

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 noncarcinogenic.

(6)

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

Thirty-day time of travel (TOT) area. "Thirty-day time of travel area" means the recharge area, the outer boundary of which it is determined or estimated that groundwater and potential contaminants will take 30 days to reach a pumping well. The 30-day TOT for the Hammond well fields is established based on flow path modeling contained in the report entitled "Wellhead Protection Plan, Well No. 1 and 2, Village of Hammond, St. Croix County, Wisconsin."

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

(Ord. of 12-13-04, § I)

Note— The report "Wellhead Protection Plan, Well No. 1 and 2, Village of Hammond, St. Croix County, Wisconsin" is available from the village clerk.

(a)

Separation distances. The following minimum separation distances shall be maintained within the groundwater protection overlay district:

(1)

Fifty feet between a well and storm sewer main.

(2)

Two hundred feet between a well and any sanitary sewer main, lift station or single-family residential fuel oil tank. A lesser separation distance may be allowed for sanitary sewer mains where the sanitary sewer main is constructed of water main materials and joints and pressure tested in place to meet current American Waterworks Association (AWWA) 600 specifications. In no case may the separation distance between a well and sanitary sewer main be less than 50 feet.

(3)

Four hundred feet between a well and a septic tank or soil absorption unit receiving less than 8,000 gallons per day, a cemetery or a stormwater drainage pond.

(4)

Six hundred feet between a well and any gasoline or fuel oil storage tank installation that has received written approval from the Wisconsin Department of Commerce (hereafter commerce) or its designated agent under COMM 10.10, Wis. Adm. Code.

(5)

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

(6)

One thousand two hundred feet between a well and any solid waste storage, transportation, transfer, incineration, air curtain destructor, processing, wood burning, one time disposal or small demolition facility; sanitary landfill; coal storage area; salt or deicing material storage area; gasoline or fuel oil storage tanks that have not received written approval from commerce or its designated agent under section COMM 10.10, Wis. Adm. Code; bulk fuel storage facilities; and pesticide or fertilizer handling or storage facilities.

(b)

Groundwater protection overlay district "A" — Thirty-day time of travel.

(1)

Intent. The primary portion of the Hammond recharge area to be protected is the land within the areas delineated as the 30-day TOT recharge areas surrounding each of the Hammond wells, known as wells 1 and 2, as shown on the map attached to the Wellhead Protection Plan. These lands are subject to the most stringent land use and development restrictions because of close proximity to the wells and the corresponding high threat of contamination. The 30-day time of travel (TOT) area for the Hammond well fields are shown on the map attached to the Wellhead Protection Plan.

(2)

Permitted uses. The following uses are permitted uses within groundwater Protection Overlay District A. Uses not listed here or in subsection (3) below are to be considered prohibited uses.

a.

Parks and playgrounds, provided there are no on-site waste disposal or fuel storage tank facilities.

b.

Wildlife areas.

c.

Nonmotorized trails, such as biking, skiing, nature and fitness trails.

d.

Sewered residential developments subject to conditions in subsection (3) below.

e.

Unsewered (single-family) residential development only on existing lots of record on the effective date of the ordinance from which this division derives and subject to conditions in subsection (3) below.

(3)

Conditional uses. The following uses are conditional uses within Groundwater Protection Overlay District A. Uses not listed here or in subsection (b)(2) above are to be considered prohibited uses.

a.

Commercial uses served by municipal sanitary sewer except those listed as prohibited in subsection (b)(4).

(4)

Prohibited uses. The following uses are prohibited uses within the Groundwater Protection Overlay District A. 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. Uses not listed shall not be considered permitted uses.

a.

Underground storage tanks of any size.

b.

Septage and/or sludge spreading.

c.

Animal waste landspreading.

d.

Animal waste facilities.

e.

Animal confinement facilities.

f.

Gas stations.

g.

Vehicle repair establishments, including auto body repair.

h.

Printing and duplicating businesses.

i.

Any manufacturing or industrial businesses.

j.

Bus or truck terminals.

k.

Repair shops.

l.

Landfills or waste disposal facilities.

m.

Wastewater treatment facilities.

n.

Spray wastewater facilities.

o.

Junk yards or auto salvage yards.

p.

Bulk fertilizer and/or pesticide facilities.

q.

Asphalt products manufacturing.

r.

Dry cleaning businesses.

s.

Salt storage.

t.

Electroplating facilities.

u.

Exterminating businesses.

v.

Paint and coating manufacturing.

w.

Hazardous and/or toxic materials storage.

x.

Hazardous and/or toxic waste facilities.

y.

Radioactive waste facilities.

z.

Recycling facilities.

aa.

Cemeteries.

(5)

Where any of the uses listed in subsection (4) above exist within Groundwater Protection Overlay District A on the effective date of the ordinance from which this division derives, owners of these facilities will be allowed to upgrade the facilities to facilitate or enhance groundwater protection. Plans for the proposed upgrade must be approved by the plan commission and village board, and appropriate permit issued by the village inspection department, prior to any work being initiated. Expansion of the prohibited use will not be allowed.

(c)

Groundwater protection overlay district "B" — Five-year time of travel.

(1)

Intent. A secondary portion of the Hammond recharge area to be protected is land which lies within the five-year groundwater travel zone upgradient from the Hammond well field. The five-year time of travel (TOT) areas for the Hammond well fields are shown on the map attached to the Wellhead Protection Plan.

Land use restrictions 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. Uses not listed as permitted or conditional uses shall be considered prohibited uses.

(2)

Permitted uses. The following uses are permitted within Groundwater Protection Overlay District B.

a.

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

b.

Sewered residential uses.

c.

Aboveground petroleum product storage tanks up to 660 gallons.

d.

Basement heating fuel storage tanks.

e.

Commercial and/or industrial uses served by municipal sanitary sewer, except those listed as prohibited uses in subsection (c)(4), prohibited uses.

f.

Unsewered (single-family) residential uses.

(3)

Conditional uses. Notwithstanding the provision in subsection (5) below, the following uses may be permitted on a case-by-case basis, provided that adequate groundwater protection and monitoring measures, as determined at the sole discretion of the Hammond Plan Commission and village board, are instituted.

a.

Nurseries for ornamental plants, green houses, and associated retail sales outlets.

b.

Pesticide and fertilizer storage and use associated with uses in subsection a. above.

c.

Vehicle repair shops, auto body repair shops.

d.

Cemeteries.

e.

Salt storage, including sand/salt combinations.

f.

Recycling facilities.

(4)

Prohibited uses. The following uses are prohibited uses within Groundwater Protection Overlay District B except as provided in subsections (c)(2) and (c)(4) above. 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. Uses not listed shall not be considered permitted uses unless specifically listed above under subsection (c)(2), permitted uses.

a.

Underground storage tanks of any size.

b.

Unsewered commercial and/or industrial development.

c.

Septage and/or sludge spreading.

d.

Animal waste facilities.

e.

Animal confinement facilities (except veterinary hospitals and clinics).

f.

Gas stations and oil change businesses.

g.

Printing and duplicating businesses which use hazardous chemicals as defined by the EPA in their printing process.

h.

Bus or truck terminals.

i.

Landfills.

j.

Wastewater treatment facilities.

k.

Spray wastewater facilities.

l.

Auto salvage yards.

m.

Bulk fertilizer and/or pesticide facilities.

n.

Asphalt products manufacturing.

o.

Dry cleaning facilities.

p.

Electroplating facilities.

q.

Exterminating shops.

r.

Paint and coating manufacturing.

s.

Hazardous and/or toxic materials storage.

t.

Hazardous and/or toxic waste facilities.

u.

Radioactive waste facilities.

v.

Garage and vehicular towing.

w.

Public and municipal maintenance garages.

(5)

Where any of the uses listed in subsection (d) above exist within Groundwater Protection Overlay District B on the effective date of the ordinance from which this division derives, owners of these facilities will be allowed to upgrade the facilities to facilitate or enhance groundwater protection. Plans for the proposed upgrade must be approved by the plan commission and village board, and appropriate permit issued by the village inspection department, prior to any work being initiated. Expansion of the prohibited use will not be allowed.

(Ord. of 12-13-04, § I)