Monticello City Zoning Code
CHAPTER 12
OVERLAY ZONES
10-12-1: OL-1; U.S. DEPARTMENT OF ENERGY SUPPLEMENTAL STANDARD:
A Intent: The intent in establishing an OL-1 Overlay Zone is to control building in any zone where a Department of Energy supplemental standard or an alternative cleanup level exists.
B Definitions:
HABITABLE STRUCTURE: Any building intended for human habitation.
PERMANENT STRUCTURE: Having a foundation constructed of concrete, cinder block, or similar material.
C Permitted Uses: No permanent, habitable structure shall be erected in any zone where a Department of Energy supplemental standard or an alternative cleanup level applies until the following conditions are met:
1 Excavation Prior To Survey: The foundation for the structure shall be excavated prior to being surveyed for radiological contamination (i.e., radium-226 or uranium).
2 Soil Survey: The soils within the footprint of the structure shall be surveyed for radiological contamination by a representative of the Department of Energy.
D Special Provisions:
1 In the event that levels of radiological contamination are found by the Department of Energy to exceed the cleanup standards established in title 40, U.S. Code of Federal Regulations, part 192.12, the City of Monticello shall be responsible for removal of the contaminated soils, in accordance with a supplemental standards cooperative agreement between the Department of Energy and the City of Monticello.
2 When the City of Monticello is notified that the footprint of the structure has been determined by the Department of Energy to meet the specified cleanup standards, the City shall proceed to issue a building permit to the property owner. (Ord. 2016-8, 10-11-2016)
10-12-2: OL-2; FLOOD AREAS AND DRAINAGE CORRIDOR PROTECTION:
A Intent: The intent in establishing an OL-2 Overlay Zone is to identify areas in the City where special consideration of flooding and stormwater runoff is required.
B Definitions:
DRAINAGE CORRIDOR: Locations identified as preservation corridors in storm drain master plan for the City of Monticello dated December 2009.
FLOOD AREA: Locations identified by the Federal Emergency Management Agency (FEMA) in Letter of Map Revision determination document, dated March 7, 2013.
C Special Provisions:
1 The property owner is responsible for obtaining any insurance required in a flood zone.
2 When a property owner with land in a drainage corridor proposes to alter the property in any manner that will alter the course or grade of a drainage corridor, a civil engineer will submit to the City a plan showing how the drainage corridor will be protected or realigned. No changes in grade shall occur until the City has reviewed the plan.
3 Nothing in this section will be taken to imply any rights to stormwater in a drainage corridor, and nothing herein shall alter existing rights to water in a drainage corridor. (Ord. 2016-8, 10-11-2016)
10-12-3: OL-3; WATER SOURCE PROTECTION:
A. Purpose:
1. This section shall be known as the “Monticello City Drinking Water Source Protection Ordinance”.
2. The purpose of this section is to ensure the provision of a safe and sanitary drinking water supply for the city by establishing drinking water source protection zones surrounding the wellheads and collection areas for all sources for the city water system and by the designation and regulation of property uses and conditions which may be maintained within such zones.
B. Definitions: The following definitions shall apply to this section:
ANIMAL FEEDING OPERATION: | A lot or facility where the following conditions occur: |
1. Animals have been or will be stabled or confined and fed or maintained for a total of forty five (45) days or more in any twenty three (23) month period; | |
2. Crops, vegetation, forage growth or post-harvest residues are not sustained in the normal growing season over any portion of the lot or facility. | |
3. Two (2) or more animal feeding operations under common ownership are considered to be a single feeding operation if they adjoin each other, if they use a common area, or if they use a common system for the disposal of wastes. | |
ANIMAL UNITS: | 1. The number of slaughter or feeder cattle; plus |
2. The number of mature dairy cattle multiplied by 1.4; plus | |
3. The number of swine weighing over fifty five (55) pounds multiplied by 0.4; plus | |
4. The number of sheep multiplied by 0.1; plus | |
5. The number of horses multiplied by 2.0. | |
CONTAMINATION CONTROL MEASURE: | A device or administrative control which is implemented to prevent discharges to the ground water. Spill protection is an example of a contamination control measure. Contamination control measures shall be compliant with the applicable design standards. |
EXTREMELY HAZARDOUS SUBSTANCE: | Any substance identified in section 302 (EHS) column of the "Title III List of Lists - Consolidated List of Chemicals Subject to Reporting under SARA Title III" (EPA 560/4-91-011). |
LAND MANAGEMENT STRATEGIES: | Zoning and non-zoning controls which include, but are not limited to, the following: zoning and subdivision ordinances, site plan reviews, design and operating standards, source prohibitions, purchase of property and development rights, public education programs, ground-water monitoring, household hazardous waste collection programs, water conservation programs, memoranda of understanding, written contracts and agreements. |
POLLUTION SOURCE: | A source of discharges of contaminants to groundwater or potential discharges of the liquid forms of extremely hazardous substances which are stored in containers in excess of applicable threshold planning quantities as defined in SARA Title III. Examples of possible pollution sources include, but are not limited to, the following: storage facilities that store the liquid forms of extremely hazardous substances, septic tanks, drainfields, Class V underground injection wells, landfills, open dumps, landfilling of sludge and septage, manure piles, salt piles, pit privies and animal feeding operations with more than ten (10) animal units. |
POTENTIAL CONTAMINATION SOURCE: | Any facility or site which employs an activity or procedure which may potentially contaminate ground water. A pollution source is also a potential contamination source. |
REGULATORY AGENCY: | Any governmental agency with jurisdiction over hazardous waste. |
SANITARY LANDFILL: | A disposal site where solid wastes, including putrescible wastes, or hazardous wastes, are disposed of on land by placing earth cover thereon. |
SEPTIC TANK and DRAINFIELD SYSTEM: | A system which is comprised of a septic tank and a drainfield which accepts domestic wastewater from buildings or facilities for subsurface treatment and disposal. By their design, septic tank and drainfield discharges cannot be controlled with control devices or control measures. |
WELLHEAD: | The upper terminal of a well, including adapters, ports, seals, valves and other attachments. |
C. There are hereby established drinking water source protection zones to be known as Zones One, Two, Three and Four of the drinking water protection area, identified and described as follows:
1. Zone One is the area within a one hundred foot (100') radius of the wellhead.
2. Zone Two is the area within a two hundred fifty (250) day ground water time of travel to the wellhead, the boundary of the aquifer or aquifers which supplies water to the ground water source, or the groundwater divide, whichever is closer.
3. Zone Three is the area within a three (3) year ground water time of travel to the wellhead, the boundary of the aquifer or aquifers which supplies water to the ground water source, or the ground water divide, whichever is closer.
4. Zone Four is the area within a fifteen (15) year ground water time of travel to the wellhead, the boundary of the aquifer or aquifers which supplies water to the ground water source, or the groundwater divide, whichever is closer.
D. The following land uses shall be permitted within drinking water source protection zones:
1. Any land use permitted within existing agricultural, single-family residential, multi-family residential and commercial districts so long as the land use conforms to the rules and regulations of the regulatory agency with jurisdiction over hazardous waste.
2. Any other open land use where any building located on the property is incidental and accessory to the primary open land use.
E. The following land uses or conditions are prohibited within drinking water source protection zones, even if such use or condition may otherwise be ordinarily included as part of permitted land use under subsection D of this section:
1. Zone One: The location of any uncontrolled potential contamination sources.
2. Zone Two: The location of a pollution source unless its contaminated discharges can be controlled with controls compliant with design standards.
3. Zone Three and Zone Four: The location of a potential contamination source unless it can be controlled through land management strategies.
F. Penalties: The enforcement and penalties for violations of the policies and procedures for administration of the drinking water source protection zones established by this section, including, without limitation, those applicable to nonconforming uses, shall be the same as provided in the existing zoning ordinance of the city, as the same is now adopted and from time to time amended. (Ord. 2014-5, 7-8-2014; amd. Ord. 2020-5, 10-13-2020)
10-12-4: SPECIAL PROVISIONS:
A. In the event that levels of radiological contamination are found by the Department of Energy to exceed the cleanup standards established in title 40, U.S. Code of Federal Regulations, part 192.12, the City of Monticello shall be responsible for removal of the contaminated soils, in accordance with a supplemental standards cooperative agreement between the Department of Energy and the City of Monticello.
B. When the City of Monticello is notified that the footprint of the structure has been determined by the Department of Energy to meet the specified cleanup standards, the City shall proceed to issue a building permit to the property owner. (Ord. 2012-01, 7-10-2012)