This chapter shall be known as the DRINKING WATER SOURCE PROTECTION ORDINANCE.

(Adopted by Ord. 2007-02 on 7/11/2007)

The purpose of this chapter is to ensure the provision of a safe and sanitary drinking water supply for the city by the establishment of drinking water source protection zones surrounding the wellheads for all wells and which are the supply sources for the city water system and by the designation and regulation of property uses and conditions which may be maintained within such zones.

(Adopted by Ord. 2007-02 on 7/11/2007)

There are hereby established use districts to be known as zones one, two, three, and four of the drinking water sources protection area, identified and described as follows:

A.

Zone one: An area within a one-hundred-foot (100') radius from the wellhead.

B.

Zone two: An area within a two-hundred-fifty (250) day ground water time of travel to the wellhead, the boundary of the aquifer(s) which supplies water to the ground water source, or the ground water divide, whichever is closer.

C.

Zone three: The area (waiver criteria zone) within a three (3) year ground water time of travel to the wellhead or margin of the collection area, the boundary of the aquifer(s) which supplies water to the ground water source, or the ground water divide, whichever is closer.

D.

Zone four: The area within a fifteen (15) year ground water time of travel to the wellhead, the boundary of the aquifer(s) which supplies water to the ground water source, or the ground water divide, whichever is closer.

(Adopted by Ord. 2007-02 on 7/11/2007)

The following uses shall be permitted within drinking water sources protection zones:

A.

Any use permitted within an existing agricultural, single-family residential, multi-family residential, and commercial zone so long as uses conform to applicable regulations.

B.

Any other open land use where a building located on such land is incidental and accessory to the primary open land use.

(Adopted by Ord. 2007-02 on 7/11/2007)

The following uses or conditions are prohibited within a drinking water source protection zone, whether or not such use or condition may otherwise be ordinarily included as a part of a use permitted under section 10-23-4 of this chapter:

A.

Zone one: The location of any potential contamination source as defined in this title, unless it can be controlled with design standards.

B.

Zone two: The location of a "pollution source" as defined in this title, unless its contaminated discharges can be controlled with design standards.

C.

Zones three and four: The location of a potential contamination source unless it can be controlled through land management strategies.

(Adopted by Ord. 2007-02 on 7/11/2007)

The policies and procedures for administration of any source protection zone established under this chapter, including, without limitation, those applicable to a nonconforming use, exception, enforcement or penalty, shall be as provided in this title.

(Adopted by Ord. 2007-02 on 7/11/2007)