Amendment. The boundaries of the District and Zones may be amended as changes occur in the takeoff and approach paths of aircraft, airport operations, runway extensions and/or change in airport property boundaries in conformance with an adopted airport master plan.

Determination of district & zone boundaries. Where a parcel of land is divided by zone boundaries, only such portions of that parcel of property actually within the boundary lines of any airport overlay zone shall be included. Airport overlay zones may overlap, in which event the property shall be subject to the more restrictive zone.

Airport Operation Zone (AIR-O). This zone shall include all airport property which is owned by the City of Marshfield, and other properties subject to legally established aviation easements.

Runway Approach Zone (AIR-1). This Zone identifies a protected area of aerial approach for Marshfield Municipal Airport Runway 16/34 which includes a 3,300 ft-wide area centered on the extended runway centerline, extending outward and upward from the end of the primary surface at a 50:1 slope ratio until reaching 150' above the airport level.

Runway Approach Zone (AIR-2). This Zone identifies a protected area of aerial approach for Marshfield Municipal Airport Runway 4/22 which includes a 3,300 ft-wide area centered on the extended runway centerline, extending outward and upward from the end of the primary surface at a 30:1 slope ratio until reaching 150 feet above the airport level.

Flight Path Zone (AIR-3). This zone is intended for protection of the flight path areas used by aircraft in their transition to the runway approaches. The Zone includes the areas extending outward 90 degree angles to the runway centerlines, extending a distance of one mile measured horizontally from the end of the runway surface.

Overflight Zone (AIR-4). This Zone includes the areas outside of the Runway Approach Zones and Flight Path Zone, still within the 3-miles of the airport boundaries.

Nothing in this Section shall be construed as prohibiting the construction or maintenance of any structure, or growth of any tree to a height up to 50 feet above ground level (AGL). If there is a natural elevation rise on the property, an object on that rise could be 50' AGL without violating the provisions of the Height Limitation Zoning Map, even if it penetrates the 30:1 or 50:1 surface.

Temporary cranes. Any temporary crane or similar temporary equipment that encroaches into the HLZO, used for construction or maintenance, is required to obtain a Land Use Permit (Section 18-163) with the City prior to use of the equipment within the HLZO. Land Use Permit must include the following:

The application for a variance shall be accompanied by a determination from the Federal Aviation Administration and Wisconsin DOT, Bureau of Aeronautics, as to the effect of the proposal on the operation of air navigation facilities and the safe, efficient use of navigable airspace.

No application for a variance may be considered by the Board unless a copy of the application has been furnished to the Airport Manager for a recommendation as to the aeronautical effects of the proposal.

The regulations prescribed in this section shall not be construed to require the removal, lowering, or other change or alteration, of any nonconforming structure or use, or otherwise interfere with the continuance of any nonconforming structure or use, except as otherwise provided.

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 the ordinance from which this section derives and if such is diligently prosecuted.

This section shall not interfere with the removal of and nonconforming structure or use by purchase or the use of eminent domain.

Before any structure made nonconforming by the requirements of this section may be replaced, altered, or rebuilt, a permit shall be applied for and secured in the manner prescribed in this section 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 the ordinance from which this section derives, or than it was when the application for permit was made.

Purpose. The residents of the City of Marshfield 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 Overlay District is to institute land use regulations and restrictions to protect the City's municipal water supply and well fields, and to promote the public health, safety and general welfare of the residents of the City of Marshfield.

Authority. Statutory authority to enact these regulations is established in Wis. Stat s. 62.23(7)(c), which grants the City of Marshfield the authority to enact zoning regulations for the protection of groundwater resources.

Ten (10) 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. SPS 310.260 and receive written approval from the department of safety and professional services or its designated Local Program Operator under s. 310.110.

Fifty (50) feet between a well and a storm sewer main or 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 4 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 124% of the pump shut-off head.

Two hundred (200) feet between a well and any sanitary sewer main not constructed of water main class materials, sanitary sewer manhole, lift station, one or 2 family residential heating fuel oil underground storage tank or above ground storage tank or POWTS treatment tank or holding tank component and associated piping.

Three hundred (300) feet between a well 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. SPS 310.260 and receive written approval from the department of safety and professional services or its designated Local Program Operator under s. SPS 310.110. 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.

Three hundred (300) feet between a well 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 than 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. SPS 310.260 and receive written approval from the department of safety and professional services or its designated Local Program Operator under s. SPS 310.110. 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.

Four hundred (400) feet between a well 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.

Six hundred (600) feet between a well 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 a 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 most restrictive installation requirements of s. SPS 310.260 and receive written approval from the department of safety and professional services or its designated Local Program Operator under s. SPS 310.110. 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.

One thousand (1,000) feet between a well and land application of municipal, commercial, or industrial waste; the boundaries of a landspreading facility for spreading of petroleum-contaminated soil regulated under ch NR 718 while that facility is in operation; agricultural, industrial, commercial or municipal waste water treatment plant treatment units, lagoons, or storage structures; or POWTS dispersal component with a design capacity of 12,000 gallons per day or more.

Twelve hundred (1,200) 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; 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 than that has or has not received written approval from the department of safety and professional services or its designated Local Program Operator under s. SPS 310.110 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 storage facilities.

Applications. Requests for approval to undertake development in the Overlay District are subject to procedures outlined in Article X and shall be submitted in writing to the City of Marshfield Zoning Administrator. The Zoning Administrator shall determine if the proposed use is located within the Wellhead Protection Overlay and render a determination on use and decision on the permit.

Classification of use. In case of a question as to the classification of a proposed use by the Zoning Administrator, the application shall be forwarded to the City of Marshfield Utilities Commission. The Commission may require additional information as deemed necessary for a determination. The Utility shall determine the use as being permitted or prohibited according to the Separation Distances set forth in this Section. The determination of the City of Marshfield Utilities Commission shall be rendered in writing within 60 days of any request for approval, provided however, that this 60 day period of limitation may be extended by the City of Marshfield Utilities Commission for “good cause,” as determined in the sole and absolute discretion of the City of Marshfield Utilities Commission.

No modifications or additions to a nonconforming structure or use shall be permitted unless they are made in conformity with the provisions of this section. For the purposes of this section, the words “modification” and “addition” shall include, but not be limited to, any alteration, addition, modification, rebuilding or replacement of any such existing structure or accessory use.

Ordinary maintenance repairs are not considered structural repairs, modifications or additions (ordinary maintenance repairs include internal and external painting, decorating, paneling and the replacement of doors, windows and other nonstructural components).

If a nonconforming use is discontinued for 12 consecutive months, any future use of that lands structure or building shall conform to the appropriate provisions of this ordinance.

Owners shall provide copies of all federal, state and local facility operation approvals or certificates and on-going environmental monitoring results to the Marshfield Water Utility.

Owners shall provide additional environmental or safety structure/monitoring as deemed necessary by the Marshfield Water Utility, which may include (but is not limited to) storm water runoff management and monitoring.

Owners shall replace equipment or expand in a manner that improves the existing environmental and safety technologies already in existence.

Owners shall have the responsibility of devising and filing a method approved by the Water Utility for the immediate notification of Marshfield Water Utility officials in the event of an emergency.

In the event of any release of any contaminants which endanger any well, the activity causing said release shall immediately cease and a cleanup by the owner, satisfactory to the Marshfield Water Utility shall occur.

The City will monitor and keep informed of spills or releases and other identified potential contaminant sources within the Well Head Protection and Recharge areas. If spills or other releases are detected, the City will notify and work with the responsible government agencies such as WDNR and Wood and Marathon County’s Emergency Management Departments, as applicable, to achieve investigation and cleanup of spills and releases or other contaminant sources deemed a threat to the shallow sand and gravel aquifer.

The owner shall be responsible for all costs of cleanup, including Marshfield Water Utility consultant and inspection fees at the invoice amount, plus administrative costs for oversight, review and documentation.

It shall be unlawful to construct or use any structure, land or water in violation of any of the provisions of this Section. In case of any violation, the City of Marshfield may institute appropriate action or proceedings to enjoin a violation of this ordinance.

Any person, firm or corporation who fails to comply with the provisions of this ordinance shall, upon conviction thereof, be subject to a penalty as provided in Section 1-05 of the Municipal Code.

Promote the public health, safety, convenience and general welfare;

Limit certain land use activities detrimental to shorelands; and

Preserve shore cover and natural beauty by controlling the location of structures in shoreland areas and restricting the removal of natural shoreland vegetation.

Compliance. The use of shorelands within the shoreland area of the municipality shall be in full compliance with the terms of this ordinance and other applicable local, state or federal regulations. All permitted development shall require the issuance of a land use permit unless otherwise expressly excluded by a provision of this ordinance.

Municipalities and state agencies regulated. Unless specifically exempted by law, all cities, villages, towns, and counties are required to comply with this ordinance and obtain all necessary permits. State agencies are required to comply if Wis. Stat. Sec. 13.48(13) applies.

Abrogation and greater restrictions.

Interpretation. In their interpretation and application, the provisions of this ordinance shall be held to be minimum requirements and shall be liberally construed in favor of the municipality and shall not be deemed a limitation or repeal of any other powers granted by the Wisconsin Statutes or Wisconsin Constitution.

Principal building. The main building or structure on a single lot or parcel of land and includes any attached garage or attached porch.

Shorelands. The area within the following distances from the ordinary high-water mark of navigable waters, as defined under Wis. Stats. 281.31(d) (2) :

Shoreland setback area. An area in a shoreland that is within a certain distance of the ordinary high-water mark in which the construction or placement of principal buildings or structures has been limited or prohibited under an ordinance enacted under Wis. Stats. 59.692.

Vegetative buffer zone. The land that extends from the ordinary high-water mark to 35 feet inland, subject to the standards in Section 18-95(9) below.

The lands within the Shoreland District are subject to all applicable provisions of the City of Marshfield Municipal Code. Where the provisions of this Section are more restrictive than other regulations in the Municipal Code, the provisions of this Section shall apply.

Any shoreland that was annexed by the City after May 7, 1982, and was subject to the Wood County or Marathon County Shoreland Zoning Ordinances under Wis. Stat. 59.692, prior to annexation, shall be subject to the requirements of this Chapter excluding the following:

The Shoreland District areas regulated by this ordinance shall include all the lands (referred to herein as shorelands) in the City that are:

Determinations of navigability and ordinary highwater mark location shall initially be made by the Zoning Administrator. When questions arise, the Zoning Administrator shall contact the appropriate district office of the Wisconsin Department of Natural Resources for a final determination of navigability or ordinary highwater mark.

Principal building setbacks.

Accessory structures.

Any person who owns shoreland property that contains vegetation shall maintain that vegetation in a vegetative buffer zone along the entire shoreline of the property and extending 35 feet inland from the ordinary high-water mark of the navigable water, except as provided in subsections (1) and (2) below.