Somerset Village City Zoning Code
ARTICLE C
Zoning Districts
§ 13-1-40 Established.
[Ord. No. A-633Z, 8-16-2016; Ord. No. A-642, 7-18-2017; Ord. No. A-659, § 1, 4-21-2020]
For the purpose of this Chapter, the Village of Somerset is hereby divided into the following thirteen (13) districts:
R-1 Single-Family Residential District
R-2 Two-Family Residential District
R-3 Multiple Family Residential District
R-4 Residential Estate District
R-5 Twin Home District
C-1 Central Business District
C-2 Highway Commercial District
C-3 Professional Office District
I-1 Industrial District
A-1 Agricultural District
W-1 Conservancy District
PUD Planned Unit Development District
Groundwater Protection Overlay District
§ 13-1-41 Establishment and alteration of boundaries.
Zoning Map. The boundaries of the districts enumerated in Section 13-1-40 above are hereby established as shown on a map entitled "Zoning Map, Village of Somerset, Wisconsin," as amended periodically, which is adopted by reference and made a part hereof. The map shall bear upon its face the attestation of the Village President and the Village Clerk-Treasurer and shall be available to the public in the office of the Village Clerk-Treasurer.
Boundary lines. The boundaries shall be construed to follow corporate limits; U.S. Public Land Survey lines; lot or property line; center lines of streets, highways, alleys, easements and railroad rights-of-way; or such lines extended unless otherwise noted on the Zoning Map.
Vacation. Vacation of public streets and alleys shall cause the land vacated to be automatically placed in the same district as the abutting side to which the vacated land reverts.
Annexations and consolidations. Annexations to or consolidations with the Village subsequent to the effective date of this Chapter shall be placed in the A-1 Agricultural District unless the annexation ordinance temporarily placed the land in another district. Within one (1) year, the Plan Commission shall evaluate and recommend a permanent district classification to the Village Board.
§ 13-1-42 Regulations within R-1 district.
[Ord. No. A-642, 7-18-2017]
Permitted uses. The R-1 District is intended to provide a quiet pleasant and relatively spacious living area protected from traffic hazards and intrusion of compatible land uses. The following uses of land are permitted.
Single-family dwellings, excluding all mobile homes; for purposes of this Chapter manufactured homes are included in the definition of single-family dwelling.
Community living arrangements and day care centers which have a capacity for eight (8) or fewer persons.
Home occupations and professional home offices.
One (1) private garage, or other accessory building not to exceed nine hundred (900) square feet and which shall be of compatible design and materials with the principal structure, and one (1) accessory storage shed not to exceed one hundred fifty (150) square feet and which shall be of compatible design and materials with the principal structure.
Uses customarily incident to any of the above uses; provided that no such use generates traffic or noise that would create a public or private nuisance.
Conditional uses. The following shall be conditional uses in the R-1 District:
Churches, cemeteries, all grade schools, libraries and hospitals.
Telephone buildings, exchanges and transformer station.
Municipal buildings: except sewage plants, garbage incinerators, warehouses, garages shops and storage yards.
Public parks, playgrounds, recreational and community center buildings and grounds.
Day care centers serving nine (9) or more children.
Accessory dwelling units.
Dimensional requirements. The following dimensional requirements shall apply in the R-1 District:
Maximum Building Height for Principal Structure. Thirty-five (35) feet.
Maximum Building Height for Accessory Building [Sidewalls Shall Not Exceed twelve (12) feet]. Eighteen (18) feet.
Minimum Front Yard Setback. Thirty (30) feet.
Corner lots. Minimum front yard setback and side yard (facing the street) setbacks on corner lots shall be thirty (30) feet each—principal building and accessory building. (Setbacks are measured from the actual property line, not the curb.)
Minimum lot area per family. Twelve thousand (12,000) square feet.
Minimum Lot Width (Measured at Rear of Front Yard). Eighty (80) feet.
Minimum Floor Area of Main Structure on Main Floor. Eight hundred sixty (860) square feet.
§ 13-1-43 Regulations within R-2 district.
[Ord. No. A-642, 7-18-2017]
Permitted uses. The R-2 Two-Family Residential District is intended to be substantially like the Single-Family Residential District, except that a somewhat higher population density is allowed by permitting the erection or alteration of buildings for Two-family dwellings. Two-family dwellings do not include Twin Homes. In the Two-Family Residential District no building or premises shall be used and no building shall hereafter be erected, moved or structurally altered, except for one (1) or more of the following uses:
Dimensional requirements. The following dimensional requirements shall apply in the R-2 District:
Maximum Building Height. Thirty-five (35) feet.
Accessory Structure. Seven (7) feet on each side.
Minimum Front Yard Setback. Thirty (30) feet.
Corner Lots. Minimum front yard setback and side yard (facing the street) setbacks on corner lots shall be thirty (30) feet each—principal building and accessory building. (Setbacks are measured from the actual property line, not the curb.)
Minimum Lot Area—Single Family Structure. Twelve thousand (12,000) square feet.
Minimum Lot Area—Two-Family Structure. Six thousand two hundred twenty-five (6,225) square feet, per dwelling unit.
Minimum Lot Width (Measured at Rear of Front Yard). Eighty (80) feet.
§ 13-1-44 Regulations within R-3 district.
[Ord. No. A-642, 7-18-2017]
Permitted uses. The R-3 Multiple Dwelling Residential District is intended to be substantially like the Two-Family District, except that a somewhat higher population density is allowed by permitting the erection or alteration of buildings for Multiple Dwelling purposes. In the Multiple Dwelling Residential District no building or premises shall be used and no building shall hereafter be erected, moved, or structurally altered unless otherwise provided in this Chapter, except for one (1) or more of the following uses:
Any use permitted in the R-1 Single-Family Residential District or in the R-2 Two-Family Residential District.
Multiple Dwelling Units.
Uses customarily incident to any of the above uses; provided that no such use generates unusual amounts of traffic or noise that would create a public or private nuisance.
Conditional uses. The following shall be conditional uses in the R-3 District:
Any conditional use permitted in the R-1 District except accessory dwelling units unless the parcel is used for single family purposes. Any conditional use permitted in the R-2 District.
Manufactured homes complying with all of the following requirements and limitations:
The home shall be a double wide of at least twenty-four (24) feet in width and thirty-six (36) feet in length.
The home shall be installed on an approved foundation system in conformity with the uniform building code. The wheels and axles must be removed. The enclosed foundation system shall be approved by the Building Inspector and/or Village Engineer; the Building Inspector may require a plan to be certified by a registered architect or engineer to ensure proper support for the home.
The home shall be equipped with foundation siding which in design, color and texture appears to be an integral part of the adjacent exterior wall of the manufactured home.
The home shall be covered by a roof pitched at a minimum slope of two (2) inches in twelve (12) inches, which is permanently covered with non-reflective material.
The home shall have a pitched roof, overhanging eaves and such other design features required of all new single-family dwellings located within the Village of Somerset.
Charitable institutions, rest homes, public and private non-profit clubs and lodges.
Mobile homes provided their location is approved and a license is granted (by the Village Board after a Public Hearing before the Plan Commission) as a part of a planned mobile home development.
Day care centers serving nine (9) or more children.
Dimensional requirements. The following dimensional requirements shall apply in the R-3 District:
Maximum Building Height. Thirty-five (35) feet.
Accessory Structure. Ten (10) feet on each side.
Minimum Front Yard Setback. Thirty (30) feet.
Corner Lots. Minimum front yard setback and side yard (facing the street) setbacks on corner lots shall be thirty (30) feet each—principal building and accessory building. (Setbacks are measured from the actual property line, not the curb.)
Minimum Lot Area.
Single-Family Structure. Twelve thousand (12,000) square feet.
Two-Family Structure. Six thousand two hundred twenty-five (6,225) square feet, per dwelling unit.
Three-Family Structure. Fifteen thousand (15,000) square feet, and three thousand six hundred (3,600) square feet per additional dwelling unit.
Minimum Lot Width (Measured at Rear of Front Yard). Eighty (80) feet.
§ 13-1-45 Regulations within R-4 district.
[Ord. No. A-635Z, 11-15-2016; Ord. No. A-642, 7-18-2017]
Purpose. The R-4 Residential Estate District is intended to provide a quiet, pleasant living area protected from traffic, congestion and incompatible land uses. This district is designed to provide for an area for homeowners who desire to build large homes on larger lots.
Permitted uses. The following uses are permitted in the R-4 District:
Single-family detached dwellings only.
One (1) private garage not to exceed one thousand (1,000) square feet and which shall be of compatible design and materials with the principal structure, and one (1) accessory building which shall be of compatible design and materials with the principal structure.
Neighborhood park or playground.
The dimensional requirements. The following dimensional requirements shall apply in the R-4 District:
Maximum Building Height for Principal Structure. Thirty-five (35) feet.
Maximum Building Height for Accessory Building. Fifteen (15) feet.
Minimum Front Yard Setback. Thirty-five (35) feet.
Minimum Lot Area for Each Dwelling Unit. Twenty thousand (20,000) square feet.
Minimum Lot Width for Each Dwelling Unit. One hundred (100) feet.
Corner Lots. Minimum side yard (facing the street) setbacks on corner lots shall be thirty (30) feet each - principal building and accessory building. (Setbacks are measured from the actual property line, not the curb.)
Minimum Total Dwelling Unit Size Including Garage. Three thousand (3,000) square feet.
Maximum Square Footage For Accessory Building. One percent (1%) of the total square footage of the lot.
§ 13-1-45.1 Regulations within R-5 district.
[Ord. No. A-635Z, 11-15-2016]
Permitted uses. The R-5 Twin Home District is intended to provide for the development of zero lot line twin homes with one (1) attached or detached garage unit.
Conditional uses. The following shall be conditional uses in the R-1 district:
Home occupations conducted within or administered from a portion of a dwelling or its permitted accessory building that is conducted primarily by the permanent resident of the dwelling, does not involve persons regularly visiting the premises for business purposes, does not require a sign, and consists mainly of office type work, sales and surveys over the phone, sewing, visual arts or similar in nature.
Childcare facilities where fees are charged. Facilities can be for up to four (4) unrelated children in one (1) day.
The dimensional requirements. The following dimensional requirements shall apply in the R-5 district:
Maximum building height for principal structure: Thirty-five (35) feet.
Maximum building height for accessory building: Fifteen (15) feet.
Attached side yard setback or common wall between the two (2) dwelling units shall be zero feet.
Minimum front yard setback: Thirty (30) feet.
Minimum lot area for each dwelling unit shall be six thousand five hundred (6,500) square feet.
Minimum lot width for each dwelling unit shall be sixty-five (65) feet.
Corner lots. Minimum side yard (facing the street) setbacks on corner lots shall be thirty (30) feet each—principal building and accessory building. (Setbacks are measured from the actual property line, not the curb).
Minimum floor area of main structure on main floor. Six hundred fifty (650) square feet.
Additional requirements:
Each dwelling unit shall be located on a separate lot.
A twin home may not be split or divided into additional residential units.
Each residential unit shall have its own sanitary sewer and water lateral.
A minimum fire wall complying with § SPS 321.08, Wis. Adm. Code, as amended from time to time, providing a vertical separation of all areas from the lowest level to flush against the underside of the roof, is required between each dwelling unit.
The exterior and roof materials on each attached twin home shall be of the same color, quality, and consistency.
A maintenance agreement shall be entered into by the owners of the attached twin home in order to ensure that equal and reasonable maintenance and repairs are performed on the dwellings.
A driveway usage and maintenance agreement for shared driveways shall be entered into by the owners of the attached twin home in order to ensure that equal and reasonable maintenance, snow removal and repairs are performed on the driveway.
§ 13-1-46 Regulations within C-1 Central Business District.
[Ord. No. A-633Z, 8-16-2016]
Purpose. The C-1 district is intended to provide an area for the business and commercial needs of the Village without inhibiting the potential for maximum development of commercial, cultural, entertainment and other activities which contribute to its role as the heart of the Village. This district is primarily for small scale businesses dependent upon pedestrian traffic and includes general business and commercial uses which do not generate noise, or odors that would create a public or private nuisance.
Vehicle parking is typically provided by a combination of on-street parking spaces, public parking lots, and small parking areas associated with the business. The following uses of land are permitted:
Permitted uses.
Art gallery, antique shop, and gift shop.
Barber shop, beauty parlor, and hair salon.
Café and ice cream shop.
Clothing store and shoe store.
Dentist office and medical office.
Drug store and pharmacy.
Financial institutions and professional service offices (accountant, lawyer, consultant, financial advisor, architect, medical specialist, IT consultant, or similar with less than six (6) employees).
Florist shop (not including greenhouse).
Hardware store, paint store and sporting goods store.
Jewelry store and optical store.
Music store, electronics store, and home appliance store.
Photographer, photography supplies, and dance studio.
Police and fire station, post office, library, government offices, church, and other institutional type offices.
Restaurants.
Theaters, night clubs, bars and related uses.
Other retail or service uses similar in character to those listed above.
Conditional uses.
Automobile service and equipment service.
Bowling alleys.
Convenience store, fuel sales, and car wash.
Dwelling units on the second story only (conversion units, apartments and rented rooms) provided the minimum requirements of the R-2 and R-3 districts are adhered to and the purpose and intent of the chapter upheld.
Grocery store and liquor store.
Hotels, motels, and private lodges.
Laundry establishments.
Medical clinic and dental clinic.
Parking lot.
Veterinary hospital and/or clinic, pet shop, or grooming shop.
Dimensional requirements.
Maximum Building Height. Forty-five (45) feet.
Minimum Front Yard Setback. Six (6) feet.
Minimum Side Yard. None. Except on a corner lot in which case a nine-foot side yard setback will be required on the street side and except where a commercial structure shall directly abut a residential district in which case a six-foot side yard setback will be required.
Minimum Rear Yard Setback. Twenty-five (25) feet.
Minimum Lot Area Per Family. Same as R-2 and R-3 districts.
Minimum Lot Width. Sixty (60) feet.
§ 13-1-47 C-2 Highway Commercial District.
[Ord. No. A-633Z, 8-16-2016; Ord. No. A-642, 7-18-2017]
Purpose. The C-2 district is intended to provide appropriate regulations to ensure the compatibility of the diverse uses typical of the highway-oriented area. These uses are typically larger in scale than those allowed in the C-1 district and require on-site parking. The following uses of land are permitted:
Permitted uses.
Financial institutions, commercial or professional offices, medical and dental offices, public utility and infrastructure offices, and government office.
Furniture store and flooring store.
Grocery store.
Theaters, night clubs, bars and related uses.
Personal service offices (accountant, lawyer, consultant, financial advisor, architect, medical specialist, IT consultant, or similar).
Retail stores.
Restaurants.
Public administrative offices.
Appliance and apparel repair shop.
Discount retailers under twenty-five thousand (25,000) square feet.
Other stores or service uses similar in character to those listed above.
Conditional uses.
Hotels, motels, and private lodges.
Convenience store, fuel sales, and car wash.
Vehicle and related equipment sales and service.
Living quarters for the owner or caretaker required for the operation of the business provided the minimum requirements of the R-2 and R-3 districts are adhered to and the purpose and intent of the chapter upheld.
Medical and dental clinics.
Laundry establishments.
Veterinary hospital and/or clinic, pet shop, grooming shop, commercial kennel, or boarding kennel.
Storage facilities.
Uses similar in character that are open twenty-four (24) hours a day, seven (7) days a week.
Discount retailers twenty-five thousand (25,000) square feet or more.
Food businesses that require a drive-up window.
Dimensional requirements.
Maximum Building Height. Thirty-five (35) feet.
Minimum Front Yard Setback: Twenty-five (25) feet or fifty (50) feet if parking is permitted in front.
Minimum Rear Yard Setback. Twenty (20) feet.
Minimum Lot Width. Sixty (60) feet.
§ 13-1-48 Regulations within C-3 Professional Office District.
[Ord. No. A-633Z, 8-16-2016; Ord. No. A-642, 7-18-2017]
Purpose.
The C-3 district is established to provide commercial areas that will provide services to the public in an attractive, safe, and convenient manner. The C-3 district is established for areas that are predominantly office and service related uses, typically generating low traffic volumes and with limited hours of operation in the evening or weekends.
The requirements and standards for this district addressing building design, noise, landscape and performance are intended to ensure compatibility with the desired character of the Village in use and aesthetics quality and to provide safeguards for adjoining commercial sites, light industrial sites and the community as a whole.
The purpose of these standards is to establish rules, regulations, standards, and procedures for the approval of all new development proposals and the expansion of existing businesses in order to:
Provide for safe and efficient vehicular and pedestrian circulation.
Provide for screening, landscaping, signage and lighting.
Ensure efficient, safe and attractive land development.
Provide compliance with appropriate design standards to ensure adequate light and air, proper building arrangements, and minimal adverse properties.
Develop proper safeguards to minimize the impact on the environment.
Ensure the provision of adequate water supply, drainage, and storm water management, sanitary facilities, and other utilities and survey.
Encourage modern and innovative design, construction, technology, and planning methods.
Advance and promote sound growth and continued development within the commercial zone.
The interpretation and application of the provisions of these standards shall be held as minimum requirements for the promotion of the public health, safety and welfare.
Permitted uses:
Medical (including physicians, dental, chiropractic, physical therapy, and optometry).
Legal.
Real estate offices.
Counseling.
Financial (banks, credit unions, and brokerage).
Insurance.
Travel agency.
Business services (consulting, computer, and employment).
Accounting.
Engineering.
Child care.
Veterinarian clinic.
Post office.
Telephone/telecommunication operations.
Printing.
Educational functions (technical school, community college, administration, etc.).
State or local office building.
Office showrooms.
Wholesale trade functions.
Limited retail functions.
Other office or service-related uses similar in character to those listed above.
Prohibited uses. General uses involving the following kinds of activities and elements are prohibited within the C-3 district:
Manufacturing that might include assembling, fabricating, processing or otherwise.
Research and development.
Maintenance facilities.
Warehouses and distribution centers.
Wastewater treatment plants.
Residential housing.
Places of amusement: theaters, nightclubs, bars and related uses.
Automobile service.
Dimensional requirements.
Maximum Building Height. Thirty-five (35) feet.
Minimum Side Yard Principal Building. Twenty (20) feet.
Minimum Side Yard Accessory Building. Ten (10) feet.
Minimum Front Yard Setback. Thirty (30) feet; if parking is permitted in front: fifty (50) feet.
Minimum Rear Yard Setback. Thirty (30) feet.
Minimum Lot Width. Sixty (60) feet.
Minimum Off-Street Parking. Dependent upon site plan approval.
Truck Unloading Area.
Minimum Parking Lot Setbacks. Six (6) feet.
Fire Codes. All setbacks are subject to the standards necessary to meet fire codes.
Nuisance conditions. No operation, process or building use in the C-3 district shall produce or create a nuisance condition through the production of noise, vibration, odor, heat, glare, air pollution, electromagnetic radiation, liquid waste or solid waste.
General building requirements.
Purpose. The purpose of this Subsection is to establish general performance standards for development within the C-3 Limited Highway Commercial District. These standards are intended and designed to assure compatibility of uses; to prevent urban blight, deterioration, and decay; and to enhance health, safety, and general welfare of the residents of the community.
Building. These requirements are intended to encourage a variety of architectural styles. However, basic harmony should prevail so that no one structure detracts from the attractiveness of the overall environment. The Plan Commission and Village Board shall review building design in order to insure architectural compatibility and integrity.
Building exteriors. Materials selected for the construction of a structure in the C-3 district shall be of the following:
Hard Burned Clay Brick: Color and texture to be approved by the Plan Commission.
Concrete Masonry: Units shall be those generally described by the National Concrete Masonry Association as customized architectural concrete masonry units or shall be broken faced brick type with marble aggregate, split face of broken-off concrete blocks. There shall be no exposed concrete block on the exterior of the building. Any concrete masonry units that have a gray cement color shall be coated.
Coating shall be an approved cementitious or epoxy-type with a ten (10) year minimum life expectancy.
Concrete may be poured in place, tilt-up or precast. Poured in place and tilt-up walls shall have a finish of stone, a texture or a coating. Textured finishes, except in special cases, shall be coated. Precast units that are not uniform in color shall be coated.
The design and appearance of the front, side or rear building walls that face a primary street or adjacent street, is subject to Plan Commission and Village Board approval.
An exterior building wall (front, side or rear) facing an adjacent street shall be constructed of one or more of the materials listed in the building exteriors above. The exterior building wall or walls facing an adjacent street may be finished or accentuated with any one or more of the following materials:
Colors; materials, finishes and building from shall be consistent on the walls not facing an adjacent street and should be coordinated with the colors, materials, finishes, and building form specified for the walls facing adjacent streets.
Construction. Construction shall commence within one (1) year of plan approval or in accordance with a development agreement, if one exists between the developer and the Village. No site plan approval by the Plan Commission or the Village Board shall be valid for more than twelve (12) months from the date of approval unless a building permit is obtained and development in accordance with such site plan is commence within such period. The provisions of the Subsection shall apply unless otherwise agreed to by the Village Board.
Maintenance.
The exterior walls and roofing of buildings and all fences and screening shall be maintained in a clean, orderly, and attractive condition; free of cracks, dents, punctures, breakage, and other forms of visible marring. Materials that become excessively faded, chalked, or cracked must be refinished, repaired or repainted within sixty (60) days following receipt of written notice from the Building Inspector.
Garbage receptacles must be enclosed.
No outdoor storage allowed.
Landscape plan requirements.
At least ten percent (10%) of the total lot square footage must be maintained as greenspace within the C-3 district.
Two (2) copies of the proposed landscape plan shall be submitted with the site plan. The plans shall include the following:
The location and dimensions of all proposed open space areas required to meet the minimum ten percent (10%) of the total lot requirements contained herein.
Identification of all proposed vegetation and quantities thereof.
Accurately scaled construction details of proposed landscaped elements (berms, fences, retaining walls, planter boxes, etc.) that include material specifications.
The accurate location and scale of all proposed structures, storage areas, parking areas, sidewalks, fire lanes, and trail corridors.
Vision corner restriction. No plantings or vegetation exceeding thirty (30) inches in height shall be located within a thirty (30) foot radius of the lot corner nearest the intersection of two (2) public roads or from the intersection of a private driveway or easement and a public road.
Lighting requirements.
The C-3 Limited Highway Commercial District requires exterior lighting that will provide the basic needs of safety and security. Appropriate lighting shall be provided in order to delineate roads, drives, parking areas, pedestrian ways, buildings, and other organization points. Lighting shall be an integral part of the overall architectural design; therefore, proposed lighting, whether freestanding or building mounted shall be complement the architectural character of the principal use.
All lighting potentially visible form an adjacent street, except for bollard lighting less than forty-two (42) inches high, shall be indirect or shall incorporate a full cut-off shield-type fixture. Lighting fixtures for parking areas, access drives, and internal vehicle circulation areas shall be a zero cut-off. Service area lighting shall be contained within the service yards boundaries and enclosure walls.
Signs. Location and dimensions must be shown on site plan. Subject to sign code requirements of the Village.
§ 13-1-49 I-1 general industrial district.
[Ord. No. A-579Z, 5-19-2009; Ord. No. A-642, 7-18-2017]
Purpose. The I-1 General Industrial District provides a place for all industrial activities, as well as wholesale and research establishments, where interference between industrial activities on the one hand and commercial and residential activities on the other is minimized.
Permitted uses.
Warehousing and distribution facilities.
Light manufacturing, processing, assembling, storing of materials and goods.
Printing and publishing houses and related activities.
Experimental, testing and research laboratories not involving the keeping of animals, use of animal products, any significant degree of danger or undesirable operational characteristics.
Manufacture, fabrication, packing, packaging and assembly of products utilizing as a primary resource furs, glass, metal, paper leather, plaster, plastics, textiles and wood, excluding foundries.
Manufacture, fabrication, processing, packing and packaging of candy, cosmetics, electrical appliances, electronic devices, instruments, jewelry, pharmaceuticals, tobacco, toiletries and food, except fish and meat products, cabbage and the rendering of fats and oils.
Applied technology research facilities and related manufacturing, business and scientific activities. Only uses that accommodate research facilities, pilot plants, prototype production facilities and other manufacturing operations that require the continual or recurrent application of research knowledge and activity as an integral part of the manufacturing process are intended.
Tool making and cabinetry.
Public utility offices and installation.
Government offices.
Uses distinctly similar in character and function to those listed above that do not cause or create odors and noises or pose traffic or health problems.
Conditional uses.
Sexually-oriented businesses.
Building contractors' storage yards.
Outdoor storage of products, materials and equipment.
Transportation terminals, including trucking.
Material recovery facilities or other recycling facilities.
The preparation and canning of foods and other articles for food preparation.
Crematoria.
Day care and general offices.
Uses distinctly similar in character and function to those listed above.
Prohibited uses.
Iron, steel, aluminum, brass or copper foundries.
Manufacture of cement, lime, gypsum, plaster of Paris, acid, explosives or glue.
Residential homes.
Auto wrecking or scrap yards, junk yards, or the bailing of scrap, junk, or rags.
Stockyards or slaughter of animals or poultry.
Uses distinctly similar in character and function to those listed above that cause or create odors and noises or pose traffic or health problems.
Outdoor storage.
All outside storage of materials adjacent to commercial or residential uses shall be enclosed within an area or totally screened from view with decorative fencing or wall or landscaping with Village Board approval.
The following dimensional requirements shall apply in the I District:
Maximum Building Height | 35 feet |
Minimum Side Yard Principal Building | 20 feet on each side |
Minimum Side Yard Accessory Building | 10 feet on each side |
Minimum Front Yard Setback | 35 feet |
Minimum Rear Yard Setback | 40 feet |
§ 13-1-50 Regulations within A-1 district.
Permitted uses. The A-1 District provides exclusively for agricultural uses. The intent is to help conserve good farming areas and to prevent uncontrolled uneconomical spread of residential development which results in excessive costs to the community for premature provision of essential public improvements and services. The following uses are permitted:
Crop farming.
In-season roadside stands for the sale of farm products produced on the premises.
Nurseries, greenhouses and truck farming.
Forestry, grazing, hatcheries, nurseries, orchards, paddocks, poultry raising, stables and truck farming.
Mobile homes, provided that only one (1) mobile home will be permitted in conjunction with an established farm. The occupant of said mobile home must be related to the farm owner.
Uses customarily incident to any of the above uses, including residential uses incident to any of the above uses.
Conditional uses. The following are conditional uses in the A-1 District:
Dairying, animal farms, fur farms, kennels, and other breeding, growing, or farming activities that may cause minimal noise, noxious odors or health and sanitation hazards.
Churches, schools, parks, cemeteries, municipal buildings, hospitals, and non-profit recreational clubs and organizations.
Airports.
Tourist camps, cabin, trailer, tent and house car camping grounds provided sites are located at least five hundred (500) feet from the boundary of any residential district and that the camp is provided with adequate sanitary facilities and is clearly bounded by a screening material. No person or party other than the owner shall occupy such tourist camp for more than ninety (90) days in any one (1) year.
Water storage tanks, sewage disposal plants, and power stations when completely enclosed by a suitable fence.
Day care centers serving nine (9) or more children.
Dimensional requirements.
Maximum Building Height. Thirty-five (35) feet (excluding farm use).
Minimum Front Yard Setback. Thirty-five (35) feet.
Minimum Rear Yard Setback. Fifty (50) feet.
§ 13-1-51 Regulations within W-1 district.
Permitted uses. The Conservancy District is intended to preserve scenic and natural areas in the Village and also to prevent uncontrolled, uneconomical spread of residential development and to discourage development of marginal land so as to prevent potential hazards to public and private property. The following uses of land are permitted.
Management of forestry, wildlife and fish.
Harvesting of wild crops such as marsh hay, ferns, moss, berries, fruit trees and tree seeds.
Hunting, fishing and trapping subject to pertaining Village Ordinances controlling these activities.
Dams, power stations and transmission lines.
Bicycle and hiking trails.
Parks and natural recreation areas.
Uses similar or customarily incident to any of the above uses.
Conditional uses. The following are conditional uses in the Conservancy District.
Dimensional requirements. The following building and structure regulations shall apply in the Conservancy District:
§ 13-1-52 Regulations within PUD district.
[Ord. No. A-642, 7-18-2017; Ord. No. A-674, 2-15-2022]
Purpose. The PUD Planned Unit Development District is intended to provide for large-scale residential development. It is allowed in all zones except Conservancy, Agricultural, Commercial or Industrial. The Planned Unit Development District is established to provide a regulatory framework designed to encourage and promote improved environmental design in the Village by allowing for greater freedom, imagination and flexibility in the development of land, while assuring substantial compliance to the basic intent of the zoning ordinance and the general plan for community development and will be consistent with the Village of Somerset's Comprehensive Plan. To this intent it allows diversification and variation in the relationship of uses, structures and open spaces in developments, conceived and implemented as comprehensive and cohesive unified projects. It is further intended to encourage more rational and economic development with relationship to public services and to encourage and facilitate preservation of open land.
General procedure. Before commencing with a planned unit development, the developer shall obtain approval of the Village Board, following a recommendation from the Plan Commission. Two (2) copies of the proposed General Development Plan, including a site plan, shall be submitted to the Village Clerk-Treasurer and the Plan Commission.
Site plan. The site plan shall be drawn at a scale of not less than one (1) inch equals fifty (50) feet and shall include the following information:
Location and dimension of property boundaries.
Location, size and number of parking spaces.
The use of all properties: single-family, twin home, duplex, etc.
Elevations and two (2) foot contour intervals.
Improvements on the site including walks, parking areas, playground amenities, and trails.
Location and width of all driveways and roadways on the site.
Drainage of surface water within the site, including parking lots and street grades, and the size, slope, depth and location of drainage and erosion control pipes and structures.
Existing wetlands, water bodies, and vegetation.
Graphic scale, north arrow, date of plan preparation, proposed name of the project, and names and addresses of owners, applicants, surveyor, and designer.
All building setbacks.
Permitted uses. The following are permitted in a PUD District provided that no use shall be permitted except in conformity with a specific implementation plan pursuant to the procedural and regulatory provisions as hereinafter set forth:
Any use may be permitted subject to the criteria as established in Subsections (e) through (j) below, and within the underlying zoning.
The minimum size for a PUD shall be five (5) acres of land or a minimum of sixteen (16) dwelling units.
The approved and recorded specific implementation plan and all requirements and specifications contained in it shall be enforceable as if its provisions were a part of the requirements of this Section.
Height, area and setback requirements. Except as provided in Subsection (i) below, in a PUD there shall be no predetermined specific lot area, lot width, or floor area ratio. The approved and recorded specific implementation plan and all requirements and specifications contained in it shall be enforceable as if its provisions were a part of the requirements of this Section.
Building elevations. The developer shall comply with the building elevation ordinance.
Dwelling spacing. The spacing of dwellings shall take privacy, parking, light pollution, and fire safety into consideration.
Parking requirements. Off-public street parking facilities shall be as provided for under this Zoning Code and in accordance with the approved specific implementation plan and such requirements as are made a part of the approved specific implementation plan, along with the recorded plan itself, shall be construed to be, and enforced as, a part of this Section.
Zero lot line/common wall construction requirements. For all attached zero lot line or common wall construction duplexes and townhouses containing single-family dwellings, each unit shall have separate sewer and water lateral connections. The size, type and installation proposed to be constructed shall be in accordance with the plans and specifications approved by the Village Board, following a recommendation from the Plan Commission. A minimum one (1) hour fire-rated wall assembly division, separating living areas from the lowest level to flush against the underside of the roof, is required between each dwelling unit.
Lot, building and yard requirements. For residential units, allowed in a Planned Unit Development District, the following lot, building and yard requirements apply:
Single-Family | Multi-Family | Twin Homes | |
|---|---|---|---|
Lot Frontage (measured at setback line) | Minimum 66' | — | Minimum 50' per unit |
Lot Area | Minimum 7600 sq. ft. | — | Minimum 6,000 sq. ft. per unit |
Principal Building Setbacks | Front Yard: Minimum 25' Rear Yard: Minimum 20' Side Yard: 7' | Front Yard: Minimum 20' Rear Yard: Minimum 20' Side Yard: 10' | Front Yard: Minimum 25' Rear Yard: Minimum 20' Side Yard: 10' |
Building Height | 35' | 35' | 35' |
Garages | Maximum 2 stalls. Maximum 3 stalls if meet all R-1 requirements. Maximum 390 sq. ft. per stall. | Maximum 2 stalls. Maximum 312 sq. ft. per stall. | Maximum 2 stalls. Maximum 312 sq. ft. per stall. |
Percent of Lot Coverage | Maximum 50% (combined principal and accessory buildings, and driveways) | Maximum 50% (combined principal and accessory buildings, parking and driveways) | Maximum 50% (combined principal and accessory buildings, and driveways) |
Driveway Width | Maximum 24' | Maximum 24' | Maximum 24' |
In cases in which substantial grounds exist therefore, the Village Board, in its sole discretion and on recommendation from the Plan Commission, may grant variances from the requirements contained in Subsection (j). Requests for variances shall be submitted in writing to the Village Clerk at least ten (10) days prior to the Plan Commission meeting at which such request shall be considered.
Criteria for approval. As a basis for determining the acceptability of a PUD application, the following criteria shall be applied to the specific implementation plan, with specific consideration as to whether or not it is consistent with the spirit and intent of this Zoning Code and the Village of Somerset Comprehensive Plan, and whether it has been prepared with competent professional advice and guidance and produces significant benefits in terms of environmental design.
Character and intensity of land use. The uses proposed and their intensity and arrangement on the site shall be of a visual and operational character which:
Are compatible to the physical nature of the site with particular concern for the preservation of natural features, tree growth and open spaces.
Would produce an attractive environment of sustained aesthetic and ecologic desirability, economic stability and functional practicality compatible with the general development plans for the area as established by the community.
Would not adversely affect the anticipated provision for school or other municipal services.
Would not create a traffic or parking demand incompatible with the existing or proposed facilities to serve it.
Character of dwelling units. The greater density of housing that a PUD provides can have adverse effects if dwellings built are repetitions in style and color. The Village of Somerset may require that the developer provide blue prints of the dwelling units that they intend on building.
Economic feasibility and impact. The proponents of a PUD application shall provide the Village satisfactory evidence of its economic feasibility, proof by the proponents of available adequate financing, and that the PUD would not adversely affect the economic prosperity of the Village or the values of surrounding properties.
Engineering design standards. The width of street right-of-way, width and location of streets or other paving, outdoor lighting, location of sewer and water lines, provision for storm water drainage or other similar environmental engineering considerations shall be based upon a determination of appropriate standards necessary to implement the specific function in the specific situation. In no case shall standards be less than those necessary to assure the public safety and welfare as determined by the Village.
Preservation and maintenance of open space and usable open space requirements. Adequate provision shall be made for the permanent preservation and maintenance of common open space by private reservation:
A minimum twenty percent (20%) of the total gross land area shall be permanently reserved as common open space.
Within the open space required in Subsection (k)(5)a above, at least one (1) acre per fifty (50) dwelling units shall be usable. Usable open space shall include, but not be limited to, developed parks, park lands, and trails. Areas within setbacks, areas less than thirty (30) feet wide (except for a trail). Lakes, wetlands, utility corridors, stormwater management areas and drainage ways below the ordinary high-water elevation shall not be credited for park dedication.
The open area to be reserved shall be protected against building development by conveying to the Village, as part of the conditions for approval, an open space easement over such open areas restricting the area against any future building or use except as is consistent with that of providing landscaped open space for the aesthetic and recreational benefit of the PUD. Buildings or uses for noncommercial, recreational or cultural purposes compatible with the open space objectives may be permitted only where specifically authorized as part of the development plan or subsequently with the express approval of the Village Board following approval of building, site and operational plans made by the Plan Commission.
The care and maintenance of such open space reservation shall be assured by establishment of appropriate management organization for the PUD.
Developer's agreement. A developer's agreement containing the obligations of the developer must be approved and signed. All terms, conditions, and obligations approved in the developer's agreement transfer with a change in ownership of the development.
Implementation schedule. The proponents of a PUD shall submit a reasonable schedule for the implementation of the plan to the satisfaction of the Village including suitable provisions for assurance that each phase will be brought to completion in a manner which will not result in any adverse effect upon the community as a result of termination at that point.
Approval procedure; general development plan.
Generally. The procedure for initiating or amending a PUD District shall be the same procedure used with other types of rezonings, unless otherwise prescribed by this Section. Rezoning would occur concurrently with the approval of the General Development Plan.
General Development Plan. The applicant shall submit a General Development Plan to the Village Clerk-Treasurer. The General Development Plan shall include the following information:
A statement describing the general character of the intended development.
An accurate site plan of the project area as required in Subsection (c) above including its relationship to surrounding properties and existing topography, key features, and building location and height.
A plan of the proposed project showing sufficient details to make possible the evaluation of the criteria for approval as set forth in Subsection (e).
The pattern of proposed land use including shape, size and arrangement of proposed use areas, density, environmental character and their relationship to adjoining parcels of land within six hundred (600) feet of area boundaries.
The pattern of public and private streets.
The location, size and character of recreational and open space areas reserved or dedicated for public uses such as schools, parks, greenways, etc.
A utility feasibility study.
Appropriate statistical data on the size of the development, ratio of various land uses, percentages of multi-family units by number of bedrooms, economic analysis of the development, expected staging, and any other plans or data pertinent to evaluation by the Village.
General outline of intended organizational structure related to property owner's association, deed restrictions and private provision for common services.
Specific Implementation Plan.
Submission of plan and fee. The applicant shall submit a Specific Implementation Plan to the Plan Commission within twelve (12) months after having been granted an approval of the General Development Plan and overlay re-zoning to a PUD District classification. The applicant shall pay required fees and all costs incurred by the Village in checking and processing such plans. Such application shall be signed by the owner(s) of every property within the boundaries of the proposed Specific Implementation Plan.
General Development Plan. If a Specific Implementation Plan which the Plan Commission determines to be a reasonable phase of the total plan has not been submitted within such time, the developer shall be required to resubmit a General Development Plan which is subject to all the requirements of this Section.
Information required. The Specific Implementation Plan submitted to the Plan Commission shall include the following detailed construction and engineering plans and related documents and schedules:
An accurate map of the area covered by the plan including the relationship to the total General Development Plan.
The pattern of public and private roads, driveways, walkways and parking facilities.
Detailed lot layout and subdivision plan where required.
The arrangement of building groups and their heights, and their architectural character with particular attention to their influence on adjoining parcels of land including the castings of unbroken shadows.
Sanitary sewer and water mains.
Grading plan and storm drainage system.
The location and treatment of open space areas and recreational or other special amenities.
The location and description of any areas to be dedicated to the public.
General landscape treatment.
Proof of financing capability.
Analysis of economic impact upon the community.
A development schedule indicating:
The approximate date when construction of the project can be expected to begin.
The stages in which the project will be built and the approximate date when construction of each stage can be expected to begin.
The anticipated rate of development.
The approximate date when the development of each of the stages will be completed.
The area and location of common open space that will be provided at each stage.
Agreements, bylaws, provisions or covenants which govern the organizational structure, use, maintenance and continued protection of the PUD and any of its common services, common open areas or other facilities.
Any other plans, documents or schedules requested by the Plan Commission.
If the Specific Implementation Plan is to be executed in phases, each phase shall be submitted in accordance with this Section.
An ownership statement shall be a part of the specific implementation plan and also shall be affixed and noted on the deed.
Approval of the Specific Implementation Plan.
If the Specific Implementation Plan as submitted is not in substantial compliance with the General Development Plan, the Plan Commission shall notify the landowner regarding the aspects of the plan that are not in compliance. The landowner may:
Within sixty (60) days after the filing of the Specific Implementation Plan, the Plan Commission shall forward to the Village Board a written report recommending that the plan be approved, disapproved or approved with conditions and giving the reason(s) for the recommendations.
If the Specific Implementation Plan or any section thereof is given final approval and thereafter the landowner abandons the plan or any section thereof that has been finally approved and notifies the Village Board in writing; or, if the landowner fails to commence the Planned Unit Development within eighteen (18) months after final approval has been granted, such final approval shall terminate and be deemed null and void; the parcel would revert to its pare-PUD application zoning classification.
Approval of plan. Upon approval of the Specific Implementation Plan, the following shall be recorded in the County Register of Deeds office by the landowner within sixty (60) days of approval:
The building, site and operational plans for the development as approved.
All other commitments and contractual agreements with the Village offered and required with regard to project value, character and other factors pertinent to an assurance that the proposed development will be carried out basically as presented in the Specific Implementation Plan. This shall be accomplished prior to the issuance of any building permit.
§ 13-1-53 Regulations for accessory dwelling units (ADU).
[Ord. No. A-642, 7-18-2017]
Purpose. The Accessory Dwelling Unit (ADU) is intended to support the creation of accessory dwelling units in a manner that enhances neighborhoods and provides self-contained, smaller living units on the parcel of a single-family home in order to provide affordable housing or care for an immediate family member.
General. Accessory dwelling units are allowed in conjunction with all single-household detached dwellings in residential zone districts, including R-1, R-2, R-3, R-4, and PUD if the residential lot meets the dimensional requirement as outlined in the R-1 District Section 13-1-42(c) and has a single-family home on the lot as the principal structure.
Types of ADUs allowed.
Interior accessory dwelling unit - created within an existing or new dwelling unit. Example, basement apartment.
Interior addition accessory dwelling unit - added to the floor area of an existing dwelling unit.
Detached accessory dwelling unit - a dwelling unit that is separate from the primary dwelling unit. A backyard cottage or an alley house is an example.
Conformance to development standards. Any accessory dwelling unit must meet the same development standards and any municipal, state, or federal building code and permitting required for the principal dwelling unit structure. A building permit for the ADU must be obtained within one (1) year of Board approval of the ADU site plan and conditional use permit.
Existing or new development on lot. An accessory dwelling unit is allowed only on lots with a single-household dwelling, regardless of the number of units allowed by zoning. A certificate of occupancy will only be granted to an accessory dwelling unit after it has been granted to the principal dwelling unit.
Design. To preserve the appearance of the single-family dwelling, accessory dwelling units built as additions or separate structures shall be designed in the following manner:
The design of the accessory dwelling unit shall be similar to the design of the principal dwelling unit by use of similar exterior wall materials and colors, window types, door and window trims, roofing materials and roof pitch.
If the entrance to the accessory dwelling unit is visible from an adjacent street, it shall be designed in a manner as to be clearly subordinate to the entrance of the principal dwelling.
Windows, which face an adjoining residential property, shall be designed to protect the privacy of neighbors unless fencing or landscaping is provided which adequately accomplishes the same purpose.
Rooftop decks are prohibited.
Balconies shall not face a side lot line.
The creation of an attached or internal ADU shall not result in the creation of additional entrances facing the public street on the primary structure.
Exterior stairways leading to an interior ADU or interior addition ADU shall be allowed as long as the railing finish matches the trim of the detached ADU and is not raw or unfinished lumber.
No less than ten percent (10%) of the entire elevation facing an alley or public street shall be windows.
Utility service requirements. Accessory dwelling units must be connected to the water and wastewater utilities of the principal dwelling unit and may not have separate services.
Number of accessory dwelling units per lot. Only one (1) accessory dwelling unit shall be allowed for each lot.
Occupancy. No more than three (3) persons shall occupy an accessory dwelling unit.
Owner occupancy. The property owner, as reflected in title records and evidenced by voter registration, vehicle registration or other similar means, must occupy either the principal dwelling unit or accessory dwelling unit. An immediate family member must occupy the other unit. For the purposes of this Section, a family member is considered a spouse, domestic partner, parents and grandparents, children and grandchildren, brothers and sisters, mother-in-law and father-in-law, brothers-in-law and sisters-in-law, daughters-in-law and sons-in-law. Adopted, half, and step members are included in immediate family.
Mobile homes. Mobile homes, manufactured homes, campers, camper buses, travel trailers and recreational vehicles shall be prohibited for use as an accessory dwelling unit.
Parking. One (1) on-site parking space shall be required for an accessory dwelling unit. Parking for the accessory dwelling unit is in addition to the required parking for the principal dwelling unit. The required parking space may be in tandem with other required spaces, but must be identified on a site plan.
Minimum or maximum size. The ADU must be smaller in area than the principal residential structure.
Minimum floor area (all types). Three hundred (300) square feet.
Maximum floor area (internal). Eight hundred (800) square feet, cannot exceed size of ground floor of the principal structure and must be located entirely on one (1) level.
Maximum floor area (attached). Eight hundred (800) square feet.
Maximum floor area (detached). One thousand (1,000) square feet. The combined footprint area of a detached ADU, and all other accessory structures and uses designed or intended to be used for the parking of vehicles, shall not exceed ten percent (10%) of the lot area up to one thousand (1,000) square feet.
Maximum height (detached). In no case shall the highest point of the ADU exceed the highest point of the principal residential structure.
Setbacks. Internal/attached: zoning district setback requirements apply.
When the ADU's principal entrance faces a side lot line, the building must be set back fifteen (15) feet from the side lot line in question (Twenty-two (22) feet if there is also a driveway between the entrance and side lot line).
Detached only: Side yard - Ten (10) feet. Twenty (20) feet if vehicle access is provided on the street side of a corner lot.
Detached only: Rear yard - Ten (10) feet if the ADU is accessed by vehicle from the front of the lot; Twenty (20) feet if the ADU is accessed by vehicle from the rear of the lot or by alley.
Distance to house - Twenty (20) feet minimum between the detached ADU and the habitable portion of the house.
Outdoor areas. The site plan shall provide accessible outdoor space and landscaping for the accessory dwelling unit. The homeowner should provide landscaping, fencing, or other types of screening as approved by the Village Board to minimize the visual impact on the surrounding properties.
General procedure. Before commencing with an ADU, the homeowner shall provide a conceptual site plan and obtain approval of the Village Board, after recommendation by the Plan Commission, to prepare an official site plan. The homeowner must comply with the procedures outlined in Article D: Conditional Uses and Sec. 13-1-174. Required approval of site plan; application; evaluation by village. It is the responsibility of the homeowner to follow all applicable municipal, state, and federal requirements.
Fees. ADU applications will be reviewed for zoning code compliance for a non-refundable fee as shown in the Fee Schedule. The Zoning Board of Appeals will review variances and appeals related to these standards.
Site plan. The site plan shall be drawn at a scale of not less than one (1) inch equals fifty (50) feet and shall include the following information:
Location, dimensions of parcel boundaries.
Locations, dimensions, and area of principle structure measured from the outside.
Floor area.
Locations, dimensions, and area measured from the outside.
Location and dimensions of all outdoor parking areas.
Location and dimensions of all accessory buildings.
Location and description of all sidewalks, landscaping, fencing, or other approved screening.
Elevations showing all sides.
Deed restriction. Before obtaining an occupancy permit for an accessory dwelling unit, the property owner shall file with the St. Croix County Register of Deeds, in a form acceptable to the Village and County, a declaration of restrictions in reference to the deed under which the property was acquired by the present owner stating that:
The accessory dwelling unit shall not be sold separately from the principle dwelling unit, nor shall the lot on which it is situated be subdivided unless such subdivision is permissible in accordance with all provisions of the Municipal Code;
The accessory dwelling unit shall be restricted to the approved size;
The certificate of occupancy for the accessory dwelling unit shall be in effect only so long as either the principal dwelling unit, or the accessory dwelling unit, is occupied by the owner of record;
The above restrictions run with the land and are binding upon any successor in ownership of the property;
It shall be unlawful for any property owner not to comply with the deed restrictions;
The deed restrictions shall lapse upon removal of the accessory dwelling unit. To effect this intent, and upon verification of such removal, the Village shall record appropriate documentation releasing such encumbrance. The homeowner shall pay all required recording fees, and it shall be the homeowner's responsibility to ensure that such recording is successfully completed.
Yearly occupancy report. The property owner will fill out and return an annual occupancy report stating if the accessory dwelling unit is occupied, name of occupant(s), and relationship to occupant on a form provided by the Village. If the accessory dwelling unit is unoccupied as of January 1 of each year but is later occupied, then the property owner must obtain and submit a completed occupancy report form.
§ 13-1-54 Regulations within Groundwater Protection Overlay District.
[Ord. No. A-659, § 2, 4-21-2020; Ord. No. A-703, I, 1-21-2025]
How chapter designated and cited. This Chapter shall be known, cited and referred to as the "Wellhead Protection Area (WHPA) Ordinance."
Purpose of chapter; statutory authority.
The residents of the Village of Somerset 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 Area Ordinance is to institute land use regulations and restrictions to protect the Village's municipal water supply and wellfields, and to promote the public health, safety and general welfare of the residents of the Village of Somerset.
Statutory authority of the Village to enact these regulations was established by the Wisconsin Legislature in Sec. 62.23(7)(1) and (c), Wis. Stats., which specifically added groundwater protection to the statutory authorization for municipal planning and zoning to protect public health, safety and welfare.
Application of chapter. The regulations specified in this Wellhead Protection Ordinance shall apply only within the Village of Somerset corporate limits, to all lands that have been designated as a "wellhead protection area" by the Village in the most recent and up to date wellhead protection plan. For future municipal well sites, this Chapter will become effective upon the date the Village Board designates a property or properties as a wellhead protection area.
Certain uses prohibited in wellhead protection area.
Intent. The area to be protected is the land within the wellhead protection area of Municipal Well #3, Municipal Well #5 and any future well sites known as the WHPA. These lands are subject to development restrictions because of their close proximity to municipal well sites and the corresponding high threat of contamination.
Prohibited uses. The following are prohibited uses within the WHPA. Uses not listed are not considered permitted uses, unless specifically restricted by state or federal regulation.
Unsewered residential or commercial uses.
On-site private sewage systems.
On-site wells for any purpose.
Construction of injection wells for any purpose.
Construction of infiltration/storm water detention ponds without approval of the Village of Somerset.
Pesticide and/or fertilizer storage for resale.
Septage and/or sludge spreading.
Underground storage tanks that do not meet Wisconsin Administrative Code Ch. SPS 310 requirements.
Animal waste landspreading.
Animal waste facilities.
Confinement of more than three (3) animals.
Landspreading of any petroleum or agricultural chemical contaminated soils.
Gas stations which retail petroleum products to the public.
Landfills or waste disposal facilities.
Solid waste transfer stations.
Wastewater treatment facilities that do not discharge treated effluent to the Village of Somerset Sanitary Sewer System.
Spray irrigation of wastewater.
Salvage yards.
Asphalt products/chemical manufacturing facilities.
Printing and duplicating businesses.
Dry cleaning businesses.
Bulk salt-storage [over two hundred (200) pounds],
Toxic and hazardous waste facilities.
Radioactive waste faculties.
Basement storage tanks without secondary containment capable of holding one hundred twenty-five percent (125%) of the storage tanks' maximum capacity.
Outdoor storage of solid waste, scrap, slag or industrial by products unless contained and covered in a weather-proof container.
Outdoor storage of petroleum products, industrial chemicals/materials including drummed materials unless secondary containment capable of holding one hundred twenty-five percent (125%) of the total maximum capacity is provided. All outdoor storage of industrial chemicals/ materials will be covered to prevent contact with rain or snow.
The discharge of non-contact cooling water or process water to the ground surface or storm sewer system.
Separation distances to be maintained for future well sites. The following separation distances as specified in Sec. NR 811.12(5), Wis. Adm. Code, shall be maintained and shall not be exempted as listed in Section 13-1-54(g), Exemptions and Waivers:
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 aboveground storage tank with continuous electronic interstitial leakage monitoring. These facilities shall meet the installation requirements of Sec. ATCP 93.260, Wis. Adm. Code, and receive written approval from the department of safety and professional services or its designated Local Program Operator under Sec. ATCP 93.110, Wis. Adm. Code.
Fifty (50) 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 four (4) psi low pressure air test for plastic gravity sewer lines found in the latest edition of Standard Specifications for Sewer and 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 (1) hour at one hundred twenty-five percent (125%) of the pump shut-off head.
Two hundred (200) feet between a wellfield 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 aboveground storage tank or private onsite wastewater treatment system (POWTS) treatment tank or holding tank component and associated piping.
Three hundred (300) feet between a wellfield 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. ATCP 93.260 and receive written approval from the Department of Safety and Professional Services or its designated Local Program Operator under Sec. ATCP 93.110, Wis. Admin. Code. These requirements apply to tanks containing gasoline, diesel, biodiesel, ethanol, other alternative fuel, fuel oil, petroleum product, motor fuel, burner fuel, lubricant, waste oil, or hazardous substances.
Three hundred (300) feet between a wellfield and any farm aboveground storage tank with double wall, or single wall tank with other secondary containment and under a canopy; other aboveground storage tank system with double wall, or single wall tank with secondary containment and under a canopy and with electronic interstitial monitoring for a double wall tank or electronic leakage monitoring for a single wall tank secondary containment structure. These installations shall meet the most restrictive installation requirements of Sec. ATCP 93.260, Wis. Admin. Code, and receive written approval from the Department of Commerce or its designated Local Program Operator under Sec. 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.
Four hundred (400) feet between a wellfield and a POWTS dispersal component with a design capacity of less than twelve thousand (12,000) gallons per day, a cemetery or a storm water retention or detention pond.
Six hundred (600) feet between a wellfield and any farm underground storage tank system or other underground storage tank system with double wall and with electronic interstitial monitoring for the system, which means the tank and any piping connected to it; any farm aboveground storage tank with double wall, or single wall tank with other secondary containment and under a canopy or other aboveground storage tank system with double wall, or single wall tank with secondary containment and under a canopy; and with electronic interstitial monitoring for a double wall tank or electronic leakage monitoring for a single wall tank secondary containment structure. These installations shall meet the standard double wall tank or single wall tank secondary containment installation requirements of Sec. ATCP 93.260, Wis. Admin. Code, and receive written approval from the Department of Safety and Professional Services or its designated Local Program Operator under Sec. 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.
One thousand (1,000) feet between a wellfield and land application of municipal, commercial, or industrial waste; the boundaries of a land spreading facility for spreading of petroleum-contaminated soil regulated under state administrative regulations while that facility is in operation; agricultural, industrial, commercial or municipal wastewater treatment plant treatment units, lagoons, or storage structures; manure stacks or storage structures; or POWTS dispersal component with a design capacity of twelve thousand (12,000) gallons per day or more.
Twelve hundred (1,200) feet between a wellfield and any solid waste storage, transportation, transfer, incineration, air curtain destructor, processing, woodburning, one (1) time disposal or small demolition facility; sanitary landfill; any property with residual groundwater contamination that exceeds Ch. NR 140, Wis. Admin. Code, enforcement standards; coal storage area; salt or deicing material storage area; any single wall farm underground storage tank or single wall farm aboveground storage tank or other single wall underground storage tank or aboveground storage tank that has or has not received written approval from the Department of Safety and Professional Services or its designated Local Program Operator under Sec. 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.
Existing uses. Existing facility uses include, but are not limited to, current facility practices and activities which may cause or threaten to cause environmental pollution within that portion of the Village's Wellhead Protection Area (WHPA) that lies within the corporate limits of the Village:
Existing facilities shall provide copies of all federal, state and local facility operation approvals or certificate and ongoing environmental monitoring results to the Village of Somerset.
Existing facilities shall provide additional environmental or safety structures/ monitoring as deemed necessary by the Village, which may include, but is not limited to, stormwater runoff management and monitoring.
Existing facilities shall replace equipment or expand in a manner that improves the existing environmental and safety technologies already in existence.
Existing facilities shall have the responsibility of devising and filing with the Village a contingency plan satisfactory to the Village for the immediate notification of Village officials in the event of an emergency.
Request for exemption.
Individuals and/or facilities may request that the Village permit land uses in the WHPA not specifically prohibited under Section 13-1-54(d).
All requests shall be in writing, whether on or in substantial compliance with forms to be provided by the Village. The Village may require an environmental assessment report prepared by a licensed environmental engineer. Said report shall be forwarded to the Village and/or designee(s) for recommendation and final decision by the Village Board.
The individual/facility shall reimburse the Village for all consultant fees associated with this review at the invoiced amount plus administrative costs.
Violations of chapter; enforcement.
Violations. It shall be unlawful to construct or use any structure, land or water in violation of any of the provisions of this Chapter. In case of any violation, the Village Board, Plan Commission, Building Inspector, or any person who would be specifically damaged by such violation, may institute appropriate action or proceedings to enjoin a violation of this Chapter.