Lodi City Zoning Code
ARTICLE VIII
Special Districts
§ 340-38 Purpose.
The special districts are established to provide protection of unique resources and features in the community that are not included within the other standard zoning classifications.
§ 340-39 A Agricultural Holding Zone District.
A.
Intent. The A Agricultural Holding Zone District is intended to preserve land for agricultural use until such time as urban services necessary for development are extended and market conditions justify development. Lands in this district may be rezoned for urban development, according to the Comprehensive Plan, pending sufficient market demand and the timely and cost-efficient provision of City services necessary for proper urban development.
D.
Minimum lots size: five acres.
E.
Minimum lot width: 200 feet.
G.
Maximum height: 35 feet.
H.
Maximum percent of lot coverage: 10%.
§ 340-40 C Public Park and Conservancy District.
A.
Intent. The C Public Park and Conservancy District is intended to preserve public parks and those natural features and environments that are unique community assets so they will be protected from adverse urban development activities.
D.
Minimum lot size: 5,000 square feet.
E.
Minimum lot width: 40 feet.
G.
Maximum height: 35 feet.
§ 340-41 Wellhead Protection Overlay District.
[Amended 10-10-2006 by Ord. No. A-361; 5-21-2013 by Ord. No. A-454; 7-21-2015 by Ord. No. A-486]
A.
Purpose. The residents of the City of Lodi 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 Wellhead 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 City of Lodi.
B.
Authority. Authority is granted by § 62.23(7)(c), Wis. Stats., and § 59.97(1),[1] Wis. Stats. to encourage protection of public health, safety and welfare by the protection of groundwater resources.
[1]
Editor's Note: §§ 59.97 and 59.971 were renumbered §§ 59.69 and 59.692 and amended by 1995 Act 201, §§ 475, 476, eff. Sept. 1, 1996.
C.
Wellhead Protection Overlay District boundaries. The boundaries of the Wellhead Protection Overlay District include a defined area described on mapping adopted by, and revised from time to time, by resolution adopted by the Lodi Common Council. The Wellhead protection area shall be determined by the Columbia County Groundwater Flow Model as contributor of water to each well out to the boundary of the five-year time of travel with a minimum well field distance of 600 feet surrounding each municipal well. Said map, together with everything shown thereon and all amendments thereto,[2] shall be incorporated as part of this section as though fully set forth herein. Minimum separation distances shall be maintained between the well and other facilities within the Wellhead Protection Overlay District.
[2]
Editor's Note: A copy of said map is on file in the City offices.
D.
Supremacy of the district. The regulations of this district are in addition to the requirements in the underlying zoning district, if any. If there is a conflict between this section and the zoning ordinance, the more restrictive provision shall apply.
E.
Plan Commission review. Prior to the issuance of a development permit for any principal or accessory use in the Wellhead Protection Overlay District, the Plan Commission shall review the proposed use to ensure that the use will not pose a threat to groundwater.
F.
Changing technology.
(1)
As technological advancements are made which result in a reduction of risk to groundwater contamination, the list of uses permitted in this zone may be modified. In order for a use to be added, the opinion of experts in the field of geology and the industry seeking a change must demonstrate convincingly that the use no longer pose a groundwater pollution hazard. After appropriate public notice and public hearing, the status may be reviewed by the Plan Commission.
(2)
A change in method of storage or handling of pollutant materials shall in and of itself not constitute grounds for adding a use to the permitted uses. The ban may continue until the technology of the use removes reliance upon the pollutant materials or processes deemed to be a groundwater hazard.
G.
Permitted uses. The following uses are permitted uses within the Wellhead Protection Overlay District, subject to the separations distances requirements herein, and the underlying zoning district requirements. Uses not as permitted uses or conditional uses are to be considered prohibited uses.
(1)
Parks and playgrounds, provided there are no on-site waste disposal or fuel storage tank facilities.
(2)
Wildlife and natural and woodland areas.
(3)
Nonmotorized recreational trails, such as biking, skiing, nature and fitness trails.
(4)
Residential developments with all residences connected to municipal sewer.
(5)
Agricultural uses in accordance with the Columbia County soil conservation department's best management practices guidelines, and may not exceed University of Wisconsin soil test recommendations for nutrient sources applied or available for fields.
H.
Conditional uses. The following uses may be conditionally permitted within the Wellhead Protection Overlay District, provided they are allowed in the underlying zoning district in accordance with Chapter 340, Article X, Conditional Use Standards, and subject to the separations distances herein at Subsection I, Minimum separation distance from contamination sources requirements.
(1)
Automobile, boat or truck fuel sales.
(2)
Cemeteries.
(3)
Electronic circuit manufacture or assembly plants.
(4)
Electroplating operations.
(5)
Exterminating supply, storage or application shops.
(6)
Garages for repair and servicing of motor vehicles, machinery or equipment, including body repair, painting or engine rebuilding.
(7)
On-site soil absorption sewage treatment systems on new lots under 40,000 square feet.
(8)
Underground petroleum products storage tanks for industrial, commercial, residential or other uses.
I.
Minimum separation distance from contamination sources requirements. The following minimum separation distance from the edge of wellhead fields as specified in § NR 811.12(5)(d), Wis. Adm. Code, shall be maintained:
(1)
Fifty feet between a well field and a storm sewer main or a sanitary sewer main where the sanitary sewer main is constructed of water main class materials and joints.
(2)
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-unit residential heating fuel oil underground storage tank or aboveground storage tank or Private Onsite Wastewater Treatment System (POWTS) treatment tank or holding tank component and associated piping.
[Amended 3-21-2023 by Ord. No. A-561]
(3)
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 § SPS 310.260, Wis. Adm. Code, and receive written approval from the Department of Safety and Professional Services or its designated local program operator under § SPS 310.110, Wis. Adm. 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.
(4)
Three hundred feet between a well field and any farm aboveground storage tank with double wall, or single wall tank with other secondary containment and under a canopy; other aboveground 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 § SPS 310.260, Wis. Adm. Code, and receive written approval from the Department of Safety and Professional Services or its designated local program operator under § SPS 310.110. Wis. Adm. 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)
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 stormwater retention or detention pond, infiltration or drainage basin.
(6)
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 aboveground storage tank with double wall, or single wall tank with other secondary containment and under a canopy or other aboveground 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 § SPS 310.260, Wis. Adm. Code, and receive written approval from the Department of Safety and Professional Services or its designated local program operator under § SPS 310.110, Wis. Adm. 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.
(7)
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 wastewater 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.
(8)
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; coal storage area; salt or deicing material storage area; any single wall farm underground storage tank or single wall farm aboveground storage tank or other single wall underground storage tank or aboveground 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 § SPS 310.110 Wis. Adm. 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.
§ 340-42 AP Airport Special Purpose Overlay District.
A.
Intent. The Airport Special Purpose Overlay District is intended to protect airports and abutting areas from uses and activities that would be detrimental to airport operations or would jeopardize the municipal investment in those facilities.
B.
Description of Airport Special Purpose District. All zones established by this section are as shown on the map titled "Height Limitations Zoning Map, Lodi Lakeland Airport, Lodi, Wisconsin," which is adopted as part of this section.
C.
Height limitations. Except as otherwise provided in this chapter, no structure shall be constructed, altered, located, or permitted to remain after such construction, alteration, or location, and no trees shall be allowed to grow, to a height in excess of the height limit indicated on the Height Limitations Zoning Map.
E.
Nonconforming uses.
(1)
The regulations prescribed in this section 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.
(2)
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 the effective date of this section and if such is diligently prosecuted.
(3)
This section shall not interfere with the removal of nonconforming uses by purchase or the use of eminent domain.
(4)
Before any nonconforming structure may be replaced, altered, or rebuilt, a permit shall be applied for and secured in the manner prescribed by this chapter 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 the effective date of this chapter or than it was when the application for permit was made.