For the purposes of these zoning regulations, the city is divided into districts as follows:

(1)

Residence I (R-I) District.

(2)

Residence II (R-II) District.

(3)

Residence III (R-III) District.

(4)

Residence IV (R-IV) District.

(5)

Residence V (R-V) District.

(6)

Neighborhood Commercial District.

(7)

Thoroughfare Commercial District.

(8)

Business District.

(9)

Industrial District.

(10)

Rural Development District.

(11)

Public Use District.

(12)

MH-1 Manufactured Home Park District.

(13)

Wellhead Protection Overlay District.

(14)

Airport Height Zone Overlay District.

(Ord. No. 2011-12, 12-13-2011)

The boundaries of the districts are established as shown on the map entitled "City of Merrill, Wisconsin—Zoning Map", dated January 17, 1967, as amended, which map is made a part of these zoning regulations. All notations and references shown on the district map are as much a part of these zoning regulations as though specifically described in this section.

(Ord. No. 2011-12, 12-13-2011)

(a)

Streets and alleys. The district boundaries are either streets or alleys, unless otherwise shown, and where the designation on the district map indicates that the various districts are approximately bounded by a street or alley, the centerline of such street or alley shall be construed to be the district boundary line.

(b)

Lot lines. 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 district map are approximately bounded by lot lines, the lot lines shall be construed to be the boundary of the district.

(c)

Unsubdivided property. In unsubdivided property, the location of the district boundary lines shown on the district map shall be determined by use of the scale shown on the district.

(Ord. No. 2011-12, 12-13-2011)

(a)

Official copy. There shall be an official copy of the district map and it shall be kept in the office of the city clerk and available for inspection by any interested party during regular office hours. The official copy shall bear on its face the certification that it is the official copy of the district map accompanying the zoning regulations for the city and adopted by the common council. The certification shall be signed by the mayor and attested by the city clerk.

(b)

Amendment; certificate. No amendment to these zoning regulations which causes in any district boundary, or establishes any new or additional district, shall become effective until such boundary change, or the boundaries of such additional district have been indicated on the official copy of the district map. Any such change in the map shall be noted and described in a certificate placed on or attached to the map. Such certificate shall also state the number of the ordinance creating the change and the date of its adoption and shall be signed by the mayor and attested by the city clerk.

(Ord. No. 2011-12, 12-13-2011)

(a)

Principal permitted uses.

(1)

Low density residential district (R-I). Single-family detached dwellings.

(2)

Medium density residential district (R-II). Single-family detached dwellings.

(3)

High density residential district (R-III). Single-family detached dwelling and two-family attached dwellings.

(4)

Very high density residential district (R-IV). Single-family detached dwellings; two-family attached dwelling and multiple-family dwellings.

(5)

Highest density residential district (R-V). Single-family detached dwellings; multiple-family dwellings.

(b)

Accessory uses.

(1)

Lodgers. The keeping of not more than two boarders or lodgers not members of the family.

(c)

Maximum building heights.

(1)

Low density residential district (R-I). For low density residential districts, the maximum building height shall be 2½ stories, but not over 35 feet.

(2)

Medium density residential district (R-II). For medium density residential districts, the maximum building height shall be 2½ stories, but not over 35 feet.

(3)

High density residential district (R-III). For one- and two-family dwellings, the maximum building height shall be as permitted in the R-1 district.

(4)

Very high density residential district (R-IV). For one- and two-family dwellings, the maximum building height shall be as permitted in the R-1 district; for three or more family dwellings, none.

(5)

Highest density residential district (R-V). For one- and two-family dwellings, the maximum building height shall be as permitted in the R-1 district; for three or more family dwellings, none.

(d)

Minimum front yard.

(1)

Low density residential district (R-I). For low density residential districts, the minimum front yard shall be 30 feet.

(2)

Medium density residential district (R-II). For medium density residential districts, the minimum front yard shall be 30 feet.

(3)

High density residential district (R-III, R-IV, R-V).

a.

Unless otherwise provided, there shall be a setback of not less than 20 feet; provided that on any corner lot less than 70 feet wide and of record on April 6, 1967, where reversed frontage exists, the setback on the side street shall be the setback required on the lot in the rear less than one foot for each foot by which the width of the corner lot is less than 70 feet, but in no case less than 50 percent of the setback required on the lot in the rear; provided further that in no case shall the buildable width of such corner lot be reduced to less than 30 feet. No accessory building shall project beyond the setback line of the lot in the rear.

b.

A setback less than the required setback as established in subsection (e)(3)a; of this section may be permitted where there are 50 percent of the existing main buildings within a block and fronting on the same street which fail to meet the required setbacks. In such a case, the setback shall be the average of the nearest main building on each side of the proposed site, or if there is no building on one side, the average of the setback for the main building on one side and the required setback.

(e)

Minimum rear yard. On every lot in the residential district, there shall be a rear yard having a depth of not less than 20 percent of the depth of the lot, provided that such rear yard need not exceed 30 feet in depth and shall not in any case be less than 15 feet in depth.

(f)

Side yard. For buildings not over 1½ stories high, the sum of the widths of the required side yards shall not be less than 20 feet, and no single side yard shall be less than eight feet in width. For buildings from 1½ to 2½ stories high, the sum of the widths of the required side yards shall not be less than 25 feet, and no single side yard shall be less than ten feet in width. Provided, however, that on a single lot having a width of less than 60 feet and of record on April 6, 1967, the sum of the widths of the side yards shall be not less than the equivalent of four inches per foot of lot width for buildings not over 1½ stories high and of five inches per foot of lot width for buildings from 1½ to 2½ stories high; provided further that the buildable width of any such lot in no case shall be reduced to less than 30 feet, nor shall the width of any single side yard be less than 40 percent of the total required side yard width, except in regard to corner lots as noted in subsection 113-12(d).

(g)

Lot coverage (maximum principal building).

(1)

Low density residential district (R-I). For low density residential districts, lot coverage shall be 30 percent.

(2)

Medium density residential district (R-II). For medium density residential districts, lot coverage shall be 30 percent.

(3)

High density residential district (R-III). For high density residential districts, lot coverage shall be 40 percent.

(4)

Very high density residential district (R-IV). For very high density residential districts, lot coverage shall be 40 percent.

(5)

Highest density residential district (R-V). For highest density residential districts, lot coverage shall be 40 percent.

(h)

Accessory buildings and structures. Accessory buildings and structures customarily incidental to any of the permitted uses in subsection (a), above, shall be permitted, provided they meet the requirements of Article XI of this Chapter.

(i)

Lot area. Each districts' minimum lot areas are as follows:

(1)

Low density residential district (R-I). Lot area for single-family shall be 10,000 square feet.

(2)

Medium density residential district (R-II). Lot area for single-family shall be 7,000 square feet.

(3)

High density residential district (R-III). Lot area for single-family shall be 7,000 square feet; for two-family, the lot area shall be 10,500 square feet.

(4)

Very high density residential district (R-IV). Lot areas for single family shall be 6,500 square feet- and for two-family dwellings the lot areas shall be 8,400 square feet; for three- and four-family dwellings, the lot areas are 2,100 square feet for each additional family dwelling over two.

(5)

Highest density residential district (R-V). Lot areas for single-family dwellings shall be 6,000 square feet; for two-family dwellings, the lot area shall be 8,000 square feet; for three-family or more dwellings, the number of lot area stories per dwelling shall be as follows:

a.

1 story—2,100 square feet per dwelling unit over two;

b.

2 story—2,100 square feet per dwelling unit over two;

c.

3 story—1,500 square feet per dwelling unit over two;

d.

4 story or more—1,200 square feet per dwelling unit over two.

(6)

Previously platted lots. Previously platted lots shall be considered conforming with this code and construction will be allowed thereon.

(j)

Minimum lot frontage. The district's have the following minimum lot frontage:

(1)

Low density residential district (R-I). For low density residential districts, the minimum lot frontage shall be 80 feet.

(2)

Medium density residential district (R-II). For medium density residential districts, the minimum lot frontage shall be 70 feet.

(3)

High density residential district (R-III). Minimum lot frontage for single-family shall be 70 feet; for two-family, the minimum lot frontage shall be 104 feet.

(4)

Very high density residential district (R-IV). For very high density residential districts, the minimum lot frontage for interior lots is 66 feet; for corner lots, the minimum lot frontage is 70 feet.

(5)

Highest density residential district (R-V). For highest density residential districts, the minimum lot frontage for interior lots is 66 feet; for corner lots, the minimum lot frontage is 70 feet.

(k)

Off-street parking and loading. Requirements are included in article VI, Traffic Visibility, Loading, Parking and Access, Section 113-166.

(l)

Single-family detached- and two-family attached dwelling—Minimum standards.

(1)

Size. All single family detached- and two-family attached dwellings constructed in the R-I through R-V districts shall be at least 22 feet wide, measured from the outside walls, and have a minimum finished single floor area, excluding basement, of 900 square feet or a minimum total finished floor area on all floors, excluding basement, of 1,400 square feet.

(2)

Other requirements. In addition to the requirements listed in this subsection, all single family detached- and two-family attached dwellings constructed in the R-I through R-V districts shall conform to the following requirements:

a.

Roofs shall have a minimum of 3/12 pitch.

b.

Roof overhangs shall be a minimum of 16 inches as measured from the face of the building to the outer edge of the fascia board.

c.

All areas of a dwelling not specifically designed for full year occupancy, without a permanently installed heating and electrical system, such as a screened porch may not be included in calculating minimum floor area calculations under this subsection.

d.

To the extent that single family detached- and two-family attached dwellings are permitted in zoning districts other than the R-I through R-V districts, the minimum standards contained in this subsection shall apply as if fully set forth in the district regulations of the other zoning districts.

(Ord. No. 2011-12, 12-13-2011; Ord. No. 2020-02, § 1, 2-11-2020)

(a)

Purpose. The purpose of this district is to provide a center for convenience shopping in a residential neighborhood. New neighborhood commercial districts shall have a minimum area of three acres in locations where analysis of residential population demonstrates that such facilities are required.

(b)

Permitted uses. Permitted uses include:

(1)

Any local retail business or service establishment, such as a grocery, fruit or vegetable store, barbershop and beauty shop, clothes cleaning and laundry pickup station, business or professional office and the like, supplying commodities or performing services for residents of the neighborhood.

(2)

Restaurant, cafe and soda fountain, and places for entertainment or dancing; or sale of liquor, beer or other alcohol beverages by the glass, or for consumption on the premises.

(3)

Commercial parking lots for passenger vehicles, subject to the requirements of this chapter.

(4)

Planned unit developments, subject to the provisions on planned unit developments in article III of this chapter.

(5)

Any other retail business or service establishment which is determined by the commission to be of the same general character as those listed in subsections (1) and (2) of this section, permitted retail business or service uses, but not including, any use which is permitted in the thoroughfare commercial or general commercial and not in the neighborhood commercial district.

(c)

Accessory uses. Accessory uses and buildings customarily appurtenant to a permitted use, such as incidental storage facilities, are permitted.

(d)

Conditional uses.

(1)

The common council may authorize the location of any of the following buildings or uses, including any improvement the common council determines is necessarily incidental thereto, in any neighborhood commercial district; provided that each such building or use shall comply with other applicable provisions of this section and the other sections referred to therein and further provided, the common council first submits the proposed conditional use to the plan commission for recommendation and report and after publishing a class 2 notice under Wis. Stats. ch. 985, of the proposed conditional use and public hearings thereon to be held before the plan commission. In authorizing the location of such buildings or uses, the common council may impose any reasonable limitation in connection therewith as will further protect the general purposes and intent of these zoning regulations. Anyone wishing to apply for a conditional use shall file a written petition for such conditional use along with the required fee plus the costs of publication to the city with the city clerk's office. If a request for a conditional use is combined with a request for a zoning change, only one deposit fee shall be required. The city clerk, upon determining that such petition is sufficient, shall forward it to the common council.

(2)

Acceptable conditional uses are:

a.

Public and quasi-public uses appropriate to the neighborhood commercial district.

b.

Auto service stations and minor repair garages employing not more than three persons.

c.

Social halls, lodges, fraternal organizations and clubs.

(e)

Height regulations. No principal building shall exceed two stories or 25 feet in height, and no accessory building shall exceed 1½ stories or 15 feet in height, except as provided in subsection 113-38(d).

(f)

Area, lot width and yard requirements. The following minimum requirements shall be observed, except where increased for conditional uses:

(1)

Lot area. Minimum of 12,000 square feet.

(2)

Lot coverage. Maximum of 35 percent.

(3)

Yards in feet.

a.

Front: 20 feet.

b.

Side: None, except when abutting an R district, then not less than 15 feet.

c.

Rear: Ten feet except when abutting an R district, then not less than required for said R district.

(g)

Uses within enclosed building. All uses shall be conducted wholly within a completely enclosed building, except for service stations and off-street parking and loading facilities.

(h)

Adjacent residential district. In any neighborhood commercial district directly across the street from any residential district, the parking and loading facilities shall be distant at least 20 feet from such front property line, and the buildings and structures at least 35 feet from such street.

(i)

Type and sale of goods. Goods for sale shall consist primarily of finished merchandise and all goods produced on the premises shall be sold at retail on the premises.

(j)

Employee and power limits. No more than three persons shall be engaged in the fabrication, repair and other processing of goods in any establishment, and not more than three aggregate horsepower shall be employed in the operation of all machines employed for the aforesaid purposes.

(k)

Off-street parking. Off-street parking and loading requirements for all uses are as provided in this chapter.

(Ord. No. 2011-12, 12-13-2011)

(a)

Purpose. The purpose of this district is to provide for retail commercial, amusement, transient residential and light industry uses which are appropriate to thoroughfare location and dependent upon thoroughfare travel. Thoroughfare commercial districts shall be established in zones of two acres or larger, and shall be located only in the vicinity of thoroughfares, or the service drives thereof.

(b)

Permitted uses. Principal permitted uses are:

(1)

Hotels, motor hotels, inns.

(2)

Restaurants, refreshment stands, fast food.

(3)

Commercial recreation facilities, such as swimming pools, bowling alleys, skating rinks and dance halls.

(4)

Planned unit developments, subject to the provisions of article III of this chapter, large scale developments.

(5)

Any use permitted in the residential districts must meet residential requirements.

(6)

Animal hospitals and veterinary clinics.

(7)

Bakery, laundry, cleaning and dyeing establishments.

(8)

Carpenter shop, electrical, plumbing, and heating shop, printing and publishing or lithographic shop, mortuary, furniture upholstering shop.

(9)

Professional offices or clinics.

(10)

Warehousing and wholesale establishments.

(11)

Theatre.

(12)

Building material sales and storage.

(13)

Cartage and express facilities.

(14)

New and used car lots, automobile service stations.

(15)

Farm equipment and service establishments.

(16)

Greenhouses; retail and wholesale.

(17)

Tavern and nightclub.

(18)

Financial institutions, banks.

(19)

House trailer or camping trailer sales and rental.

(c)

Accessory uses. Accessory uses and buildings customarily appurtenant to a permitted use.

(d)

Conditional uses.

(e)

Shopping centers—Size. Shopping centers for retail establishments shall be permitted only as a conditional use in the thoroughfare commercial district. A development shall be considered a shopping center if the proposed use of the land is primarily retail and meets one or more of the following conditions:

(1)

The shopping center will be constructed on two or more acres;

(2)

The shopping center contains at least one store of 20,000 square feet or more; or

(3)

The shopping center contains two or more retail stores with 10,000 square feet total.

(f)

Shopping centers—Approval. After a shopping center layout is approved, any retail establishment permitted in the business district may be allowed in the shopping center. Notwithstanding the foregoing, the common council, in addition to the authority granted by article IV of this chapter, may impose additional use restrictions on the proposed shopping center development as may be consistent with the standards outlined in article IV of this chapter. Any amendment to the original site plan, building complex or approved uses, if any, shall require an application for an amendment to the conditional use permit in accordance with the procedures outlined by article IV of this chapter.

(g)

Off-street parking.

(1)

Off-street parking and loading facilities requirements for all uses are as provided in article VI of this chapter.

(2)

In any thoroughfare commercial district directly across a street or thoroughfare from any residential district designated for future residential use in the general plan, the parking and loading facilities shall be at a distance at least 25 feet from the street, and the buildings and structures at least 50 feet from the street; provided, however, that this requirement does not apply when the street or thoroughfare is provided on one or both sides with a service road developed in accordance with this Code.

(h)

Lot area. 10,000 square feet.

(i)

Lot coverage. 25 percent maximum.

(j)

Yards in feet.

(1)

Front: 25 feet.

(2)

Side: Ten feet, except when abutting a residential district, then not less than 25 feet.

(3)

Rear: Ten feet, except when abutting a residential district, then not less than 25 feet.

(Ord. No. 2011-12, 12-13-2011; Ord. No. 2020-03, § 1, 2-11-2020)

(a)

Purpose. The business district is the established center of distribution of goods and services in the city, and is intended to be used principally by the retail trades.

(b)

Permitted uses. In the business district, no building or premises shall hereafter be used and no building shall hereafter be erected or structurally altered, unless otherwise provided in these zoning regulations, except for one or more of the following uses:

Any use permitted in the residential districts. Any alterations to street-facing portion of the structure shall retain storefront façade appearance compatible with surrounding buildings. Housing shall be an acceptable use so long as that façade appearance is maintained.

(1)

Animal hospital, pet shop, veterinary office, hospital or clinic.

(2)

Art shop, antique shop, gift shop.

(3)

Bakery.

(4)

Bank, financial institution.

(5)

Barbershop, beauty parlor.

(6)

Book and stationery store, newsstand.

(7)

Bowling alley, pool and billiard room.

(8)

Business and professional offices, public utility offices.

(9)

Candy store, confectionery store.

(10)

Carpenter shop, plumbing and heating and electrical shop, printing, publishing and lithographic shop, furniture upholstering shop, provided 40 percent or more of building is devoted to retail sales outlet.

(11)

Clinic.

(12)

Clothing store, department store, dress shop, hosiery shop, millinery shop, shoe store, shoe repair shop.

(13)

Drug store, ice cream shop, pharmacy, soda fountain, soft drink stand.

(14)

Florist, flower and garden shops.

(15)

Food and dairy products establishments (retail), delicatessen, fruit and vegetable market, grocery store, meat and fish market.

(16)

Funeral home.

(17)

Furniture store, office equipment store, upholsterer's shop.

(18)

Hardware store, home appliance store, paint store, plumbing, heating and electrical supplies, sporting goods store.

(19)

Hotel.

(20)

Jewelry store, watch repair shop.

(21)

Laundry or cleaning and dyeing establishment.

(22)

Microwave radio relay structures.

(23)

Music store, radio and television store.

(24)

Optical store.

(25)

Photographer and photographer's supplies.

(26)

Police and fire station, post office, municipal garage, except public shops and storage yards.

(27)

Restaurant, barbecue stand, cafe, cafeteria, caterer, lunchroom, tavern.

(28)

Tailor shop, clothes pressing shop.

(29)

Telephone and telegraph office.

(30)

Temporary structures, including signs, billboards, and other outdoor advertising structures.

(31)

Theaters and places of amusement, except drive-in theaters.

(32)

Tobacco store.

(33)

Undertaking establishment.

(34)

Variety store, notion shop.

(35)

Wholesale business.

(36)

Any other uses similar in character and the manufacture or treatment of products clearly incidental to the conduct of a retail business on the premises.

(37)

Such accessory uses, or indoor storage as are customary in connection with the foregoing uses and are incidental thereto.

(38)

Automobile sales and service establishments, public garage, used car lot, parking lots and repair garages.

(39)

Building materials sales yard.

(40)

Bus depot.

(41)

Truck, trailer, and farm implement establishments including major repair.

(42)

Service stations, low density housing, motels and hotels, car-oriented food franchises, large plot outdoor recreation areas, and outdoor storage activities associated with the principal use.

(c)

Height, yards and area generally. In the business district, the height of buildings, the minimum dimensions of yards and the minimum lot area per family shall be as set out in this subsection and subsections (e) through (h) of this section.

(d)

Height. Buildings hereafter erected, moved or structurally altered shall not exceed 45 feet, nor three stories in height.

(e)

Side yard. For buildings or parts of buildings hereafter erected or structurally altered for residential use, the side yard regulations for the residence district shall apply; otherwise a side yard, if provided, shall not be less than six feet in width.

(f)

Setback. Where parts of a frontage are designated on the district map as residence district and business district, the setback regulations of the residence district shall apply to the business district; otherwise no setback shall be required.

(g)

Rear yard. There shall be a rear yard having a minimum depth of 15 feet for a building two stories or less in height; provided that part of an alley which is on the premises may be considered as part of the rear yard. For each additional story or fractional story in height, the depth of such rear yard shall be increased five feet.

(h)

Vision clearance. No building located at the intersection of two or more streets, where a setback of less than ten feet exists or is provided, shall hereafter be erected or structurally altered for any purposes, unless a vision clearance triangle is provided at the corner nearest such intersection in conformance with section 113-164.

(Ord. No. 2011-12, 12-13-2011; Ord. No. 2020-04, § 1, 2-11-2020)

(a)

Purpose. The industrial district is intended to be used specifically for manufacturing and uses not compatible with any other zoned district.

(b)

Permitted uses. In the industrial district, no building or premises shall be used and no building shall hereafter be erected or structurally altered unless otherwise provided in these zoning regulations, except for one or more of the following uses:

(1)

Manufacturing.

(2)

Warehousing.

(3)

Truck terminals.

(4)

Packaging.

(5)

Printing and publishing.

(6)

Assembly.

(7)

Processing.

(8)

Contractor's shop and equipment storage yard, or storage and rental of equipment commonly used by a contractor.

(9)

Public utility service yard.

(10)

Soft drink bottling plant.

(11)

Building material sales and storage.

(12)

Business offices.

(13)

Cleaning, pressing and dying.

(14)

Commercial bakeries.

(15)

Commercial greenhouses.

(16)

Distributors.

(17)

Food locker plants.

(18)

Freight terminals.

(19)

Retail sales and service facilities such as retail outlet stores, surplus good stores and restaurants and food service facilities when established in conjunction with the manufacturing or processing facility.

(20)

Farm machinery plants.

(21)

Machine shops.

(22)

Manufacture, fabrication, compacting, packaging and assembly of products from glass, metals, paper, leather, plaster, plastics, textiles and wood.

(23)

Manufacture, fabrication, processing, packing and packaging of confections, cosmetics, electrical appliances, electronic devices, food, instruments, jewelry, pharmaceuticals, tobacco and toiletries.

(24)

Bulk storage and multi-tenant storage buildings and units.

(25)

Automobile, truck, trailer, and farm implement, including major repair establishments.

(c)

Conditional use. The following uses may be allowed after a public hearing before the plan commission, and final approval of the common council and in accordance with article IV of this chapter:

(1)

Acid, ammonia, bleach, chlorine or soap manufacture.

(2)

Ammunition manufacture; explosives or fireworks manufacture or storage.

(3)

Automobile wrecking yard; junkyard, salvage yard, recycling yard or facilities.

(4)

Bones, distillation of.

(5)

Cement, lime, gypsum or plaster of Paris manufacture and concrete mixing.

(6)

Creamery.

(7)

Fat rendering.

(8)

Fertilizer manufacturer.

(9)

Forge plant.

(10)

Garbage, rubbish, offal or dead animal reduction or dumping.

(11)

Inflammable gases or liquids, refining or manufacture of over-ground tank farms.

(12)

Slaughterhouse, stockyard.

(13)

Smelting.

(14)

Industrial oriented planned unit developments.

(15)

Privately-owned industrial parks.

(16)

Sexually oriented businesses.

(d)

Yards and area generally. In the industrial district, the minimum dimensions of yards and the minimum lot area shall be one-half acre or 21,840 square feet. Maximum lot coverage of a building on a lot shall not exceed 80 percent of total lot area.

(e)

Height. Buildings hereafter erected or structurally altered shall exceed neither 40 feet, nor three stories in height.

(f)

Side yard. Where a boundary line of any premises used for manufacturing purposes adjoins the side line of a lot in the residence district, buildings and uses on such premises shall be set back from the boundary line not less than 25 feet. All industrial processes and all storage of materials and equipment that are not housed or carried on in a completely enclosed building shall be screened along the side adjacent to such residential lot by a solid fence or evergreen planting, maintained at a height of not less than six feet, and set back from the side line of such residential lot as required above for buildings and uses. There shall be a minimum side yard of 15 feet for all other situations.

(g)

Front yard setback. There shall be a setback of not less than 25 feet.

(h)

Rear yard.

(1)

There shall be a rear yard having a minimum depth of 20 feet.

(2)

Loading platforms, covered or uncovered, may be established in such rear yard where it abuts on a railroad.

(i)

Off-street parking. Off-street parking and loading facilities' requirements for all uses are as provided in article VI of this chapter.

(Ord. No. 2011-12, 12-13-2011)

(a)

Principal permitted uses.

(1)

Residential uses. Single and multifamily residences, for both seasonal and year-round occupancy.

(2)

Business and industrial uses. Any use not specifically listed on this schedule as a permitted residential, conditional or other use, or specifically excluded from the city or its extraterritorial zoning jurisdiction elsewhere in this chapter.

(3)

Other uses. Agriculture, forestry.

(b)

Accessory uses.

(1)

Residential uses. Any accessory use that is permitted in the R-1 district.

(2)

Business and industrial uses. Accessory uses and structures customarily appurtenant to a principal permitted use such as incidental storage facilities, required and permitted off-street parking and loading facilities.

(c)

Conditional uses. Any conditional use permitted in any other district and in addition, the following uses: skeet, trapshooting, and rifle ranges, campsites, airports.

(d)

Maximum building heights.

(1)

Residential uses. Maximum building height shall be as permitted in the R-1 district.

(2)

Business and industrial uses. For business uses, the maximum building height shall be as permitted in the business district. For industrial uses, the maximum building height shall be as permitted in the industrial district.

(e)

Lot area.

(1)

Residential uses. For residential uses, the lot area shall be as follows:

a.

Single-family: 20,000 square feet.

b.

Multiple-family: 20,000 square feet per family.

(2)

Business and industrial uses. For business and industrial uses, the lot area shall be ten acres.

(f)

Minimum lot frontage.

(1)

Residential uses. For residential uses, the minimum lot frontage shall be as follows:

a.

Single-family: 104 feet.

b.

Multiple-family: 104 feet.

(2)

Business and industrial uses. For business and industrial uses, the minimum lot frontage shall be 700 feet.

(g)

Minimum lot depth.

(1)

Residential uses. For residential uses, the minimum lot depth shall be 200 feet.

(2)

Business and industrial uses. For business and industrial uses, the minimum lot depth shall be 400 feet.

(h)

Minimum yards.

(1)

Residential uses. For residential uses, the minimum yards shall be as follows:

a.

Front: 30 feet.

b.

Side: 15 feet.

c.

Rear: 25 feet.

(2)

Business and industrial uses. For business and industrial uses, the minimum yards shall be as follows:

a.

Front: 100 feet.

b.

Side: 25 feet.

c.

Rear: 25 feet.

(i)

Maximum lot coverage.

(1)

Residential uses. For residential uses, the maximum lot coverage shall be 30 percent.

(2)

Business and industrial uses. For business and commercial uses, the maximum lot coverage shall be as permitted in the business and commercial districts. For manufacturing uses, maximum lot coverage shall be as permitted in the industrial district.

(j)

Minimum off-street parking and loading. As required by article VI of this chapter.

(k)

Other requirements.

(1)

Any nonresidential use which abuts, is adjacent to, or across from, a residential use shall meet the general landscaping and screening requirements of this article.

(2)

No building shall be built within 110 feet from the centerline of a state trunk highway or within 50 feet of the nearer right-of-way line, whichever is more restrictive.

(3)

Whenever necessary, minimum lot areas shall be increased to meet the state board of health requirements as set forth in the state administrative code.

(Ord. No. 2011-12, 12-13-2011)

(a)

Purpose. The purpose of this district is to provide a location for all buildings and areas public in nature and owned by the public, municipalities, or nonprofit organizations representing a segment of the public.

(b)

Principal permitted uses. Principal permitted uses are:

(1)

Schools, private or public.

(2)

Churches, rectories, cemeteries.

(3)

Municipal buildings such as city hall, garages, courthouse, fire station, water and wastewater treatment plant, pump houses.

(4)

Public parks.

(5)

Public recreation facilities.

(c)

Requirements.

(1)

Recreational facilities shall be permitted only when they are pertinent to the public use of such building, such as an athletic field to the public high school.

(2)

Minimum side, front and rear yards, lot coverage and lot area and placement of accessory buildings, uses, and signage shall be established consistent with sound planning and zoning principals and may be those of the adjoining zoning district that abuts the public use. Greater set- backs may be required due to size and bulk of improvements and lot coverage.

(3)

Off-street parking and loading spaces shall be requirements of article VI.

(Ord. No. 2011-12, 12-13-2011; Ord. No. 2018-11, § 1, 10-9-2018)

(a)

Purpose. The purpose of this district is to provide a location for properly designed manufactured home parks.

(b)

Principal permitted uses. Principal permitted uses are: manufactured home parks.

(c)

Requirements. All manufactured home parks shall satisfy the requirements contained in article XII of this chapter.

(Ord. No. 2011-12, 12-13-2011)

(a)

Statement of intent. This district is intended to protect from contamination the groundwater recharge zone of the existing and planned municipal groundwater wells, which supply potable water to water utility customers and users.

(b)

Purpose. In the city area, users of water, whether provided by private wells or municipal supplies, depend upon groundwater for a safe drinking water supply. Certain land use practices and activities can seriously threaten or degrade groundwater quality. The purpose of wellhead protection is to institute land use regulations in order to protect the water supplies of the city by managing land use activities that store, handle, or produce regulated substances. Its purpose is also to establish a framework to cooperatively work with neighboring communities for adequate protection of resource areas extending across jurisdictional boundaries, in order to achieve joint benefit.

(c)

Authority. These provisions are adopted pursuant to the authority granted by the state statutes and the state administrative code, including, but not limited to, Wis. Stats. § 62.23(7)(c), and Wis. Admin. Code § NR 811.16(5); and any amendments to either. These provisions further take note of the dual authority that the county and surrounding towns and municipalities have and the actions they may or may not take, relating to the protection of natural resources.

(d)

Jurisdiction.

(1)

Applicability. The regulations within this wellhead protection section shall apply to the areas that lie within the recharge areas of municipal water supply wells. Its area extent, boundary, is delineated and becomes an overlay district, which when superimposed over an underlying zoning district, depicts the area within which there are certain additional regulatory restraints, which may or may not also have the effect of modifying the underlying district regulations.

(2)

Other regulations superseded. The regulations of this overlay district shall supersede the regulations of all other districts, including county, township and any other local zoning requirements or covenants, occupying the same geographic area. The city may, from time to time, alter, supplement, or change the wellhead protection boundaries and these regulations.

(3)

Map. The boundaries depicted on the wellhead protection overlay district are based upon sections 1.0 through 4.0 (Part 2) and shown on Map 2 of the city, county and state wellhead protection plan, prepared by the north central state regional planning commission, December 1998. Note, the map was actually dated October 1996, and there are three districts needing legal descriptions of overlay districts.

(e)

Regulation of underlying uses.

(1)

Permitted uses.

a.

All uses permitted by the underlying basic or other overlay districts are permitted subject to review of the building, site and operational plans of such uses by the plan commission, as outlined in subsections (f), (i) and (k) of this section, whether required or not by the underlying and other overlay districts, except the uses listed in subsection (h) of this section, which are specifically prohibited by this district.

b.

All uses that existed in the district prior to the enactment of this section are deemed permitted, as long as these uses are, compliant with all current rules and regulations. The city plan commission shall review proposed expansions of these permitted existing uses to see that the expansion is consistent with the use of the property as of the effective date of the ordinance from which this section is derived.

(2)

Permitted accessory uses. All accessory uses permitted by the underlying basic or other overlay zones are permitted, subject to review of the building, site and operational plans of such uses by the plan commission pursuant to section 113-405, whether required or not by the underlying and other overlay districts, except those uses prohibited in subsection (h) of this section, which are hereby prohibited whether judged to be principal or accessory uses.

(3)

Permitted uses by conditional use.

a.

Any class of uses prohibited by this district may become a use permitted by right, or an individual use within a class potentially may be permitted by conditional use pursuant to subsection (f) of this section.

b.

However, the plan commission shall not favorably recommend to the common council a petition to remove a use from the prohibited list of this district, nor favorably process a petition for conditional use status, notwithstanding any of the provisions of subsection (e) of this section, without being sure beyond a reasonable doubt, that the action will not materially violate the intent of this district, resulting in exposure of the public water supply to pollution.

(f)

Conditional use application requirements.

(1)

Permit requests. All requests for a conditional use permit shall be submitted in writing to the city zoning administrator, and shall include:

a.

A site plan map with the building and structure footprints, driveways, sidewalks, parking lots, stormwater management structures, groundwater monitoring wells, and two-foot ground elevation contours.

b.

Documentation which describes in detail the use, activities, and structures proposed.

c.

An environmental assessment report prepared by a licensed environmental engineer which details the risk to, and potential impact of, the proposed use, activities, and structures on groundwater quality.

d.

An operational safety plan which details the operational procedures for material processes and containment, best management practices, stormwater runoff management, and groundwater monitoring.

e.

A contingency plan which addresses in detail the actions that will be taken should a contamination event caused by the proposed use, activities, or structures occur.

(2)

Reimbursement. The person making the request may be required to reimburse the city for consultant fees and technical review committee expenses associated with this review at the invoiced amount.

(3)

Monitoring. All existing uses and any new conditional use permits granted shall be subject to conditions that will include environmental and safety monitoring determined necessary to afford adequate protection of the public water supply.

(g)

MSDS reporting.

(1)

Generally. The requirements of this subsection apply to any facility that is required to prepare or have available a Material Safety Data Sheet (MSDS) for hazardous chemical under the Occupational Safety and Health Act of 1970 and regulations promulgated under that Act.

(2)

Basic requirements. The owner or operator of a facility subject to this subsection shall submit an MSDS for each hazardous chemical present at the facility according to the minimum threshold schedule to the plan commission and the fire department with jurisdiction over the facility.

(3)

Alternative reporting. In lieu of the submission of an MSDS for each hazardous chemical under subsection (g)(1) of this section, the owner or operator may submit the following:

a.

A list of the hazardous chemicals for which the MSDS is required, grouped by hazard category;

b.

The chemical or common name of each hazardous chemical as provided on the MSDS; and

c.

Except for reporting of mixtures, any hazardous component of each hazardous chemical as provided on the MSDS.

(4)

Supplemental reporting. The owner or operator of a facility that has submitted an MSDS under this subsection shall provide a revised MSDS to the plan commission, and the fire department with jurisdiction over the facility within three months after discovery of significant new information concerning the hazardous chemical for which the MSDS was submitted.

(5)

Submission of MSDS upon request. The owner or operator of a facility that has not submitted the MSDS for a hazardous chemical present at the facility shall submit the MSDS for any such hazardous chemical to the committee upon its request. The MSDS shall be submitted within 30 days of the receipt of such request.

(6)

Additional conditions. These conditions shall include, but not be limited to:

a.

Provide current copies of all federal, state and local facility operation approval or certificates and on-going environmental monitoring results to the city.

b.

Establish environmental or safety structures/monitoring to include an operational safety plan, material processes and containment, operations monitoring, best management practices, stormwater runoff management, and groundwater monitoring.

c.

Replace equipment or expand in a manner that improves the environmental and safety technologies being utilized.

d.

Prepare, file and maintain a current contingency plan which details the response to any emergency which occurs at the facility, including notifying municipal, county and state officials. Provide a current copy to the city.

(h)

Prohibited uses within the wellhead protection overlay district.

(1)

Determination. The uses prohibited by this district have been identified in geologic surveys as risks for groundwater contamination. This method of regulation by a complete prohibition is employed to provide the greatest assurance that inadvertent discharge of pollutants into the groundwater supply will not occur, since groundwater cleanup is often prohibitively expensive, and liability for such cleanup is often hard or impossible to establish.

(2)

Prohibited uses; chemicals. Manufacturing and production of hazardous materials is prohibited, excluding production for on-site uses only. These materials include any hazardous substance or hazardous waste as listed in the following federal regulations:

a.

Superfund Amendments and Reauthorized Act (SARA) of 1986, section 302 Extremely Hazardous Substances List, 40 CFR 300 apps. A and B;

b.

Comprehensive Environmental Response Compensation and Liability Act Superfund (CERCLA) of 1980. Hazardous Substances List, 40 CFR 302, Table 203.4;

c.

SARA of 1986, section 313, Toxic Chemicals List, 40 CFR 372.45; and

d.

Resource Conservation and Recovery Act (RCRA) of 1976 and 1984 Amendments, Hazardous Wastes Lists, P and U Categories, 40 CFR 261.33(e) and (f).

Note: The lists referenced are summarized in the Title III Lists of Lists—Chemicals Subject to Reporting Under Title III of the Superfund Amendments and Reauthorization Action (SARA) of 1986, first published July 1987, U.S. EPA and are updated from time to time.

(3)

Specific prohibited uses.

a.

Bulk plants for hazardous materials including petroleum refining;

b.

Permanent storage or disposal of hazardous wastes, as defined under the Federal Resource Conservation and Recovery Act, subpart D, 40 CFR 261.30, 261.31, 261.32 and 261.33, industrial or municipal sludge, or radioactive materials, including solid waste landfills;

c.

Collection and transfer facilities for hazardous wastes, solid wastes that contain hazardous materials from off-site sources, and radioactive materials;

d.

Wood-preserving operations using formulations of chrome-copper-arsenate (CCA), pentachlorophenol (PENTA), and creosote and related chemicals;

e.

Battery recycling and reprocessing;

f.

Retail gas stations and truck stops;

g.

Agricultural applications of halogenated volatile liquid organic pesticides, for example, ethylene dibromide (EDB) and dibromochloropropane (DBCP), related chemicals and their commercial formulations;

h.

Processing, reprocessing, storage and disposal of PCB containing oils;

i.

Manufacturing and production of paving, roofing, and other construction materials, using asphaltic and petroleum-based coating and preserving materials;

j.

Primary and secondary metal industries that produce, smelt or refine ferrous and nonferrous metals; and

k.

Nuclear or radioactive materials or wastes.

(4)

List not exhaustive. The uses prohibited by this district represent the state of present knowledge and most common descriptions of said uses. As other polluting uses are discovered, or other terms of description become necessary, it is the intention to add them to the list of uses prohibited by this district. To screen for such other uses or terms for uses, no use shall be permitted in this district without first submitting its building, site and operational plans for plan commission review and approval under section 113-405.

(5)

Changing technology. The uses prohibited by this district are prohibited based upon the combined pollution experience of many individual uses, and the technology generally employed by that class of uses, which technology causes the uses as a class to be groundwater pollution risks. As the technology of identified use classes changes to non-risk materials or methods, upon petition for such a use, and after conferring with expert geological and other opinion, it is the intention to delete from the prohibited list, or allow conditionally, uses which demonstrate convincingly that they no longer pose a pollution hazard.

(6)

Substitution of hazards prohibited. In dealing with uses or classes of uses which attempt to become permissible, under the terms of this district, by continuing to utilize pollutant materials but altering their methods of storage or handling, for example, transferring materials storage from leak-prone but explosion resistant underground tanks, to leak-resistant but explosion vulnerable above-ground vessels, it is not the intention to accept such alternate hazards as the basis for making a use permissible. It is the intention to continue the ban on such uses until the technology of the class of uses removes reliance upon the pollutant materials or processes.

(i)

Approval of building, site and operational plans.

(1)

Plan commission review. There are permitted, accessory, or conditional uses not included on the prohibited use list above whose building, site and/or operational plans may cause adverse impacts to the wellhead protection zone. Such uses, existing or proposed, shall be subject to building, site and operational plan and practice review by the plan commission as a qualifying condition to their continued or future permissibility. Unless specifically exempt from review as listed in subsection (i)(2) of this section, all other existing and proposed uses shall be required to be reviewed for compliance with this section.

(2)

Special exceptions and limited exclusions. Special exceptions and limited exclusions provide for mechanisms to handle uses and activities that are unique and incidental to other uses. For example, the transportation of hazardous materials on roads in a wellhead protection overlay zone is excluded from the governance of this section. The use of household products containing hazardous substances in the wellhead protection area is also addressed. While limited exclusions are normally exempt from administrative review, special exceptions require an application and demonstration of compliance with the provisions of this section. The special exceptions and limited exclusions are for the private, on-site use of the approved entity. The criteria for determining the relief through a special exception is as follows:

a.

Limited exclusions. Limited exclusions from the provisions of permitted, accessory, or conditional uses are authorized for:

1.

Nonroutine maintenance or repair of property or equipment. The use, storage, handling, and/or production of regulated substances under this exclusion shall be limited to:

(i)

The aggregate of regulated substances in use, storage, handling, and/or production may not exceed 50 gallons or 400 pounds at any time.

(ii)

The total use, storage, handling, and/or production of regulated substances may not exceed 100 gallons or 800 pounds in any 12-month period.

2.

Medical and research laboratory uses. Excluded regulated substances shall be stored, handled, or used in containers not to exceed five gallons or 40 pounds of each substance and the aggregate inventory of regulated substances shall not exceed 250 gallons or 2,000 pounds.

3.

Cleaning agents. Excluded regulated substances which are cleaning agents shall be packaged for personal or household use or be present in the same form and concentration as a product packaged for use by the general public. The aggregate inventory of such cleaning agents shall not exceed 100 gallons or 800 pounds at any time. In no case shall regulated substances claimed under exclusion include hydrocarbon or halogenated hydrocarbon solvents.

4.

Construction materials. Regulated substances associated with construction for which a permit has been issued, paving or the pouring of concrete shall be excluded from regulation while present on the construction site provided such regulated substances do not pose a real and present danger of contaminating surface water and/or groundwater.

5.

Office supplies. Office supplies that are used solely for the operation of on-site administrative offices, provided such supplies are prepackaged in a form ready for use.

b.

Special exceptions. The following activities or uses are exempt from the provisions of this subsection; provided, however, that the city may at its option delete, in whole or in part, any of the following described exemptions, but in no case shall the plan commission include any additional exemptions in an ordinance adopted pursuant to this section, unless otherwise approved by the common council:

1.

The transportation of any hazardous substance through the wellhead protection zone, provided the transporting vehicle is in transit.

2.

Agricultural uses, including mosquito control, except as regulated by other federal or state laws or administrative regulations.

3.

The use of any hazardous substance solely as fuel in a vehicle fuel tank or as a lubricant in a vehicle.

4.

Fire, police, emergency medical services, emergency management center facilities, and public utilities.

5.

Retail and wholesale sales establishments that store and handle hazardous substances for resale in their original unopened containers.

6.

Office uses, except for the storage, handling or use of hazardous substances as provided for in applicable administrative rules.

7.

Repair or maintenance of any existing facility or improvement on lands within the wellhead protection zone.

8.

Storage tanks which are constructed and operated in accordance with other applicable laws and regulations.

9.

Geotechnical borings.

10.

Residential activities.

11.

Public utility emergency generating facilities except, that permanently installed fuel storage facilities shall have secondary containment.

12.

Public or private utility uses as follows:

(i)

Electric and telephone substations and transmission towers and structures;

(ii)

Natural gas transmission lines and related appurtenances and structures;

(iii)

Water distribution and sanitary sewer collection and stormwater systems.

13.

Exclusions from the provisions of permitted, accessory or conditional uses are authorized for all uses that exist in the district prior to the enactment of this section, as long as they remain compliant with all federal, state and local rules and regulations and approval by the plan commission.

Note: Notwithstanding the above enumerated exceptions and exemptions, existing or proposed uses may, in the judgment of the plan commission, be subject to compliance with selected performance standards applicable to wellhead protection, as outlined in subsection (j) of this section.

(j)

Performance standards.

(1)

Intent.

a.

This section sets forth allowed uses, or general classes of uses, permitted by this section in each district, based upon commonly accepted expectancies existent at the time of original adoption of this section, of the impact those specific classes of uses normally have upon their own land, on surrounding properties, and in some cases on the neighborhood or community at large.

b.

However, it is the intent of this section that no new use be granted a zoning permit, even if a listed permitted use, unless the use is also able to comply with all of the following performance standards, which are hereby imposed upon all land, water and air uses within the jurisdiction of this section.

(2)

Compliance.

a.

The performance standards enumerated in this section are designed to limit, restrict, and prohibit the adverse effects of uses, in most cases outside their premises, or the district line if so regulated by certain zoning districts, but in matters related to soil erosion or potential pollution of surface water or groundwater also the premises of the use.

b.

The use of all buildings, structures, lands, air and waters shall hereafter, in addition to complying with the use and area regulations of each district and other regulations of this section, also comply with the performance standards in this section.

(k)

Zoning permit procedure.

(1)

Application. Any applicant for a new zoning permit under this section shall be supplied with a copy of this section, and said applicant, as part of the permit process, shall certify by sworn statement contained within the application that the use subject to the permit application will be operated in accordance with the performance standards set forth hereinafter in this section.

(2)

Review—Plan commission. Uses which are subject to plan commission review of their building, site and operational plans pursuant to subsection (i) of this section, or uses subject to issuance of a conditional use permit if so requested by the plan commission shall supply specific additional information in the way of plans, specifications, data, or reports, such as by disinterested professionally qualified persons, addressing any specific standard about which the commission has concern, to assure the plan commission, beyond the certification required, that the use will in fact be able to meet the certification.

(3)

Same—Application.

a.

The city plan commission shall review all requests for approval and all determinations shall be made by the city plan commission within 30 days of any request for approval; provided, however, the 30-day period of limitation may be extended by the plan commission for good cause, with approval from the common council.

b.

Upon reviewing all requests for approval, the city plan commission shall consider the following factors:

1.

The city's responsibility, as a public water supplier, to protect and preserve the health, safety and welfare of its citizens.

2.

The degree to which the proposed land use practice, activity or facility may seriously threaten or degrade groundwater quality in the city or the city recharge area.

3.

The economic hardship which may be faced by the landowner if the application is denied.

4.

The availability of alternative options to the applicant, and the cost, effect, and extent of availability of such alternative options.

5.

The proximity of the applicant's property to other potential sources of contamination.

6.

The then-existing condition of the city's groundwater public water wells and wellfields, and the vulnerability to further contamination.

7.

The direction of flow of groundwater and other factors in the area of the applicant's property which may affect the speed of the groundwater flow, including topography, depth of soil, extent of aquifer, depth to water table and location of private wells.

8.

Any other hydrogeological data or information which is available from any public or private agency or organization.

9.

The potential benefit, both economic and social, from the approval of the applicant's request for a permit.

c.

Any exemptions granted will be made conditional and may include environmental and/or safety monitoring which indicates whether the facility may be emitting any releases or harmful contaminants to the surrounding environment. The facility will be held financially responsible for all environmental cleanup costs.

(l)

Violations.

(1)

Determination. The zoning administrator shall investigate any observed or reported violation of the performance standards and shall reach a conclusion whether a violation is present or not at the time of inspection. If no violation is observable at inspection time, due to the periodic nature of the operation, the zoning administrator may require the operator of the use to announce a reasonable opportunity when the zoning administrator may be present to observe or to conduct tests to ascertain compliance or violation of the standards. In case of suspected contamination of the underground waters, the zoning administrator may require the owner or operator to conduct a soil probe or similar test and to share the test report results with the zoning administrator.

(2)

Termination. All violations as ascertained in subsection (l)(1) of this section shall be terminated upon notice. Violations not terminated as noticed shall be deemed a separate violation for each day of existence and subject to forfeitures as set forth in section 113-407.

(3)

Imminent danger. Notwithstanding the protection extended to uses existing before the adoption of this section by article V of this chapter, nonconforming uses, structures, and lots, and the provisions of subsection (l)(5) of this section, uses which are found to be violating performance standards related to soil erosion, where the erosion is substantial and extends off the offending property, especially into public waterways or drainage facilities, or uses are found to be violating standards related to surface water or groundwater pollution where the zoning administrator believes the danger is substantial to private or public personal health, safety and welfare, the zoning administrator is hereby empowered to treat such specific violations under the terms of subsections (l)(4) and (5) of this section, uses which are found to be violating performance standards related to soil erosion, where the erosion is substantial and extends off the offending property, especially into public waterways or drainage facilities, or uses are found to be violating standards related to surface water or groundwater pollution where the zoning administrator believes the danger is substantial to private or public personal health, safety and welfare, the zoning administrator is hereby empowered to treat such specific violations under the terms of subsection (l)(1) of this section, subject to the following:

a.

Rapid compliance. Where the zoning administrator finds that the violation is posing a progressively more dangerous threat to personal or public health, safety, or welfare the longer the violation continues, the zoning administrator may require immediate corrective action, including temporary stop-gap measures to lessen the rate of pollution, to be followed later by more permanent solutions.

b.

Mitigation versus compliance. Where an existing use is legal and nonconforming under this section as set forth in article V of this chapter, to be committing an imminent danger violation, and full compliance, result in mitigating the violation out of the imminent danger category.

c.

Point of measurement. No land or building in any district shall be operated in such a manner so as to create any dangerous, injurious, noxious or otherwise objectionable fire, explosive or other hazard; water pollution; or other substance, condition or element, referred to herein as "dangerous or objectionable elements", in such amount as to adversely affect the surrounding wellhead protection zone or premises; provided that any use permitted by this section may be undertaken and maintained if it conforms to the regulations of this subsection limiting dangerous and objectionable elements at the specified points of the determination of their existence.

(4)

Performance standards—Soil capacity regulations. In addition to any other applicable use, site, or sanitary regulation, the following restrictions or regulations shall apply to the following soils as shown on the operation soil survey maps prepared by the USDA Natural Resources Conservation Service for Lincoln County, Wisconsin, and which are on file with the zoning administrator:

a.

Erodible land regulations. In addition to any applicable use, site or sanitary regulation, the following soils listed below shall not be used for crop production and grazing, unless such lands make use of conservation management practices as specified by said USDA Natural Resources Conservation Service, on file with the zoning administrator.

b.

Farm drainage systems. Such systems may be installed on the following soils, which soils are subject to a flooding hazard and which have generally unsuitable soil characteristics for an operative drainage system, only if installed in accordance with sound conservation practices as set forth by the USDA Natural Resources Conservation Service, on file with the zoning administrator.

(5)

Same—Water quality protection.

a.

Surface and subsurface waters protected. No activity shall locate, store, discharge or permit the discharge of any treated, untreated or inadequately treated liquid, gaseous or solid materials of such nature, quantity, obnoxiousness, toxicity or temperature that would be likely to run off, seep, or percolate or wash into surface or subsurface waters so as to contaminate, pollute or harm such waters or cause nuisances, such as objectionable shore deposits, floating or submerged debris, oil or scum, color, odor, taste or unsightliness or be harmful to human, animal, plant or aquatic life.

b.

Minimum standards. In addition to the above restrictions, no activity shall discharge any liquid, gaseous or solid materials so as to exceed or contribute toward the exceeding of the minimum standards and the application of those standards set forth in Wis. Admin. Code ch. NR 102 and amendments thereto, for all navigable waters in the city. No activity shall discharge materials or liquids exceeding the groundwater standards and the application of those standards set forth in Wis. Admin. Code ch. NR 140 for all subsurface waters, or groundwaters, in the city.

c.

Animal waste and grazing practices. Spreading of manure or fertilizer on frozen ground and establishment of concentrated outdoor animal confinements shall be prohibited where such activities would cause direct runoff into a drainageway or watercourse. In any case, grazing animals shall not be permitted within 50 feet of such waterways.

(m)

Separation distances. The following minimum separation distances as specified in Wis. Admin. Code ch. NR 811 shall be maintained and may not be exempted:

(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 § ATCP 93.260 and receive written approval from the department of safety and professional services or its designated Local Program Operator under § 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 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 125 percent 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 above ground 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 § ATCP 93.260 and receive written approval from the department of safety and professional services or its designated Local Program Operator under § 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 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 § ATCP 93.260, Wis. Admin. Code, and receive written approval from the department of commerce or its designated Local Program Operator under § 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 § ATCP 93.260 and receive written approval from the department of safety and professional services or its designated Local Program Operator under § 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)

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; 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 § 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.

(Ord. No. 2011-12, 12-13-2011; Ord. No. 2020-11, § 1, 6-9-2020)

State Law reference— Other drinking water quality activities, Wis. Stats. § 281.62.

(a)

Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Airport means the Merrill Municipal Airport located in Sections 2 and 3, Township 31 North, Range 6 East, Lincoln County, Wisconsin.

Airport hazard means any structure or object of natural growth which obstructs the air space required for the flight of aircraft in landing or taking off at an airport or is otherwise hazardous to such landing or taking off.

Nonconforming use means any structure or tree which does not conform to a regulation prescribed in this chapter or an amendment thereto, as of the effective date of such regulation.

Person means any individual, firm, partnership, corporation, company, association, joint stock association, or body politic, and includes any trustee, receiver, assignee, or other similar representative thereof.

Runway means a level portion of an airport having a surface specifically developed and maintained for the landing and takeoff of aircraft.

Structure means any object constructed or installed by man.

Trees does not mean and include shrubs, bushes or plants which do not grow to a height of more than 20 feet.

(b)

Zones established. All zones established by this section are as shown on the map dated September 12, 2007, entitled Height Limitation Zoning Map. Merrill Municipal Airport, Merrill, Wisconsin, which is adopted as part of this section by reference.

(c)

Height limit conformance required. Except as otherwise provided in this section, 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 map referred to in subsection (b) of this section.

(d)

Exceptions. The restrictions contained in this subsection shall not apply to objects which are less than 35 feet in height above ground level at the object site within one-half mile of the airport boundary or to structures less than 50 feet in height above ground within the area beginning one-half mile from the airport boundary and extending to one mile from the airport boundary or to structures less than 100 feet in height above the ground within the area beginning one mile from the airport boundary and extending to three miles from the airport boundary.

(e)

Nonconforming uses.

(1)

Not retroactive. The regulations prescribed in subsections (b) and (c) of 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 by subsection (g)(2) of this section.

(2)

Changes. Nothing contained in this section 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 chapter is derived, and if such is diligently prosecuted.

(3)

Removal. This subsection shall not interfere with the removal of nonconforming uses by purchase or the use of eminent domain.

(f)

Administration. It shall be the duty of the zoning administrator to administer and enforce the regulations prescribed in this section. Applications for permits and variances shall be made to the office of the zoning administrator upon a form furnished by him. Applications which are by this chapter to be decided by the zoning administrator shall be granted or denied within ten days of the date of filing of the applications, unless Federal Aviation Administration approval is requested. Applications for action by the zoning board of appeals shall be forthwith transmitted by the appellant to the board for hearing and decision. There shall be a charge for the application. The charge shall be as established by the common council, from time to time, and as indicated on the schedule of licenses and fees appearing in chapter 16 of this Code.

(g)

Permits.

(1)

Future uses. No structure shall hereafter be constructed, erected or installed, or be permitted to remain in any zone created by subsection (b) of this section, until the owner or his agent has applied in writing for a permit therefor and obtained the permit from the zoning administrator, except structures less than 35 feet in height above the ground and within one-half mile of the airport boundary and structures less than 50 feet in height above the ground within the area beginning one-half mile from the airport boundary and extending to one mile from the airport boundary, and structures less than 100 feet in height above the ground within the area beginning one mile from the airport boundary and extending to three miles from the airport boundary. The permit shall be posted in a prominent place on the premises prior to and during the period of construction, erection, installation or establishment. Application for the permit shall indicate the use for which the permit is desired, and shall describe and locate the use with sufficient particularity to permit the zoning administrator to determine whether the use would conform to the regulations prescribed in this section. If the determination is in the affirmative, the zoning administrator shall issue the permit applied for.

(2)

Existing uses. Before any nonconforming structure may be replaced, altered, or rebuilt, a permit shall be applied for and secured in the manner prescribed by subsection (g)(1) of this section, authorizing the 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 chapter derived, or than it was when the application for permit was made.

(h)

Appeals and review.

(1)

Variances. Upon appeal in special cases, the zoning board of appeals may, after investigation and public hearing, grant such variance from the terms of this section as will not be contrary to the public interest, where owing to special conditions a literal enforcement of this section would result in unnecessary hardship, and such relief will do substantial justice and be in accordance with the spirit of this section, and does not create a hazard to the safe, normal operation of aircraft.

(2)

Aggrieved person. Any person aggrieved or affected by any decision or action of the zoning administrator made in his administration of this section may appeal such decision or action to the zoning board of appeals.

(3)

Procedure. Any appeal taken pursuant to this section shall be in conformity with the procedure established by article XV of this chapter.

(Ord. No. 2011-12, 12-13-2011)

State Law reference— Airport and spaceport standards and approval, Wis. Stats. § 114.135; airport and spaceport protection, Wis. Stats. § 114.136.