To carry out the purposes of this article, the village is divided into the following zoning districts:

(1)

A-1 Agricultural and Residential District.

(2)

R-1 Single-Family Residential District.

(3)

R-2 Single- and Multiple-Family Residential District.

(4)

R-3 Multiple-Family and Mobile Home Residential District.

(5)

B-1 General Business District.

(6)

I-1 Light Industrial District.

(7)

I-2 General Industrial District.

(8)

C-1 Conservancy District.

(9)

PUD Planned Unit Development.

(Code 1986, § 10-1-40)

The boundaries of these districts are shown on the map accompanying this article. This map is designated as the zoning map for the village. The zoning map shall be on file with the clerk-treasurer of the village together with all notations, references, and other information shown thereon and they are a part of this article having the same force and effect as if the zoning map and all such notations, references and other information shown thereon were fully set forth.

(Code 1986, § 10-1-40(b))

Annexations to or consolidations with the village subsequent to the effective date of the ordinance from which this article is derived shall be place in the A-1 Agricultural and Residential District unless the annexation ordinance temporarily places the land in another district.

(Code 1986, § 10-1-40(c))

(a)

Where district boundaries are indicated as approximately following the centerlines of streets or highways, street lines, or highway right-of-way lines, such centerlines, street lines, or highway right-of-way lines shall be constructed to be such boundaries.

(b)

Where district boundaries are so indicated that they approximately follow the lot lines, such lot lines shall be construed to be the boundaries.

(c)

Where district boundaries are so indicated that they are approximately parallel to the centerlines of streets, or the centerlines of right-of-way lines of highways, such district boundaries shall be construed as being parallel thereto and at such distance therefrom as indicated on the zoning map. If no distance is given, such dimension shall be determined by the use of the scale shown on the zoning map.

(d)

Where the boundary of a district follows a railroad line, such boundary shall be deemed to be located in the middle of the main tracks of the railroad line.

(e)

Questions concerning the exact location of district boundary lines shall be determined by the village board of appeals.

(Code 1986, § 10-1-41)

This district is intended to help conserve good farming and natural resource areas and ensure that development that does occur outside of water and sewer service areas will have lots sufficiently large to safely accommodate on-site sewage disposal and wells.

(Code 1986, § 10-1-42(a))

(a)

Farming and dairying, provided that buildings in which farm animals are kept shall be at least 100 feet from the nearest residential or business district.

(b)

Forestry, grazing, hatcheries, nurseries, orchards, paddocks, poultry raising, stables, and truck farming.

(c)

Harvesting of wild crops and management of wildlife including nonresidential buildings used solely in conjunction with such activity.

(d)

In-season roadside stands for the sale of farm products produced on the premises, and up to two unlighted signs not larger than eight square feet each advertising such sale.

(e)

Signs as permitted under this division.

(f)

Customary home occupations.

(g)

Uses customarily accessory to any of the above uses, including residential use accessory to any of the above uses.

(Code 1986, § 10-1-42(b))

Land may be used and buildings or structures may be erected, altered, enlarged or used for only one or more of the following purposes if a conditional use permit for such purposes is granted by the village board:

(1)

Non-farming related single-family dwellings and accessory buildings and uses.

(2)

Churches, schools, cemeteries, community parks and recreational areas.

(3)

Public and semi-public buildings.

(4)

Water storage facilities and power stations (provided they are enclosed by an eight-foot or more protective fence).

(5)

Fur farms, kennels, insect-breeding facilities, greenhouses and other agricultural uses that may cause noxious odors or noise, or create health or sanitation hazards.

(6)

Campgrounds, tourist camps and travel trailer parks, subject to the provisions of this division and Wis. Admin. Code ch. HSS 178.

(7)

Trap or skeet shooting facilities, target ranges, gun clubs, shooting preserves.

(8)

Riding stables.

(9)

Golf courses.

(10)

Swimming pools.

(11)

Auto junkyards or salvage yards.

(Code 1986, § 10-1-42(c))

No buildings shall be erected or structurally altered unless the following lot area requirements and yards are provided; no structure may exceed the maximum height specified:

(1)

Minimum lot area shall not be less than one acre.

(2)

There shall be a front yard provided of not less than 30 feet from the right-of-way line.

(3)

Rear yard of not less than 30 feet, except accessory buildings may be placed five feet.

(4)

Side yard of not less than 30 feet.

(5)

Minimum lot width shall be 150 feet at the building line.

(6)

No residential building shall exceed a height of 35 feet or 2½ stories, however, no maximum height is required for nonresidential structures in this district.

(Code 1986, § 10-1-42(d))

This district is intended to provide for areas in which single-family and two-family dwellings may be permitted on moderate sized lots that have community sewers.

(Code 1986, § 10-1-43(a))

Land may be used and buildings or structures may be erected, altered, enlarged or used for only one or more of the following purposes:

(1)

Single-family dwellings.

(2)

Two-family dwellings.

(3)

One private garage per dwelling.

(4)

Accessory buildings and uses including the keeping of not more than two non-transient roomers or boarders in any dwelling, provided that no sign is displayed and no separate cooking facilities shall be maintained in connection with the accessory use.

(5)

Churches and schools.

(6)

Customary home occupations subject to other sections of this chapter.

(7)

Public parks, playgrounds, recreational and community center buildings and grounds.

(Code 1986, § 10-1-43(b))

Land may be used and buildings or structures may be erected, altered, enlarged or used for only one or more of the following purposes if a conditional use permit for such purpose is granted by the village board:

(1)

Hospitals and clinics.

(2)

Colleges and vocational schools.

(3)

Funeral homes.

(4)

Telephone exchanges, lines and transformer stations, excepting service garages and storage yards.

(5)

Golf courses.

(6)

Private swimming pools.

(7)

Public buildings.

(8)

Boardinghouses or roominghouses, provided the conditional use standards of this division and the following requirements are met:

a.

No boardinghouse or roominghouse may contain or be occupied by more than ten boarders.

b.

One off-street parking space shall be provided for every two sleeping rooms contained in each residence in addition to the parking required for the manager or permanent household.

c.

Not more than one non-illuminated sign advertising lodging or boarding not to exceed one square foot in area shall be permitted on the lot or building on which the roominghouse is located.

d.

The maximum lot area required shall be as specified in the zoning district in which the village boardinghouse or roominghouse is located, plus 500 square feet for each sleeping room provided beyond that which is required for the owner or managers.

e.

The boardinghouse or roominghouse must meet all other applicable state, county, or village codes and regulations.

(Code 1986, § 10-1-43(c))

No building shall be erected or structurally altered unless the following lot area requirements and yards are provided; no structure shall exceed the maximum height specified:

(1)

Minimum lot area shall not be less than 7,200 square feet for single-family dwellings or 12,000 square feet for two-family dwellings.

(2)

There shall be a front yard provided of not less than 30 feet from the right-of-way line.

(3)

There shall be a rear yard of not less than 25 feet, except that accessory buildings and structures may be placed in the rear yard, but not less than five feet from the rear property line.

(4)

There shall be a side yard on each side of the lot of not less than ten feet.

(5)

The minimum lot width shall be 60 feet for single-family dwellings or 80 feet for two-family dwellings at the building line.

(6)

The ground area occupied by the principal and accessory buildings shall not exceed 35 percent of the total area of the lot.

(7)

No building or structure shall exceed a height of 35 feet or 2½ stories in this district.

(Code 1986, § 10-1-43(d))

This district is intended to aid in providing for the rental housing needs of the community at a comparatively high density in areas that have community water and sewers available.

(Code 1986, § 10-1-44(a))

(a)

Multiple-family dwellings in a structure containing no more than eight units per structure.

(b)

Charitable institutions, rest homes, convalescent homes, nursing homes, homes for the care of children, homes for the care of the aged and similar institutions.

(c)

Parking garage or parking lot as an accessory use.

(d)

Churches and schools.

(e)

Public playgrounds, recreational and community buildings and grounds.

(f)

Uses customarily accessory to any of the preceding permitted uses.

(Code 1986, § 10-1-44(b))

Land may be used and buildings or structures may be erected, altered, enlarged or used for only one or more of the following purposes if a conditional use permit for such purpose is granted by the village board:

(1)

All conditional uses permitted in the R-1 zoning district.

(2)

Multiple-family dwellings in a structure containing more than eight units per structure.

(Code 1986, § 10-1-44(c))

No building shall be erected or structurally altered unless the following lot area requirement and yards are provided; no structure shall exceed the maximum height specified:

(1)

Minimum lots area per structure shall be not less than 7,200 square feet for the first unit plus 2,500 square feet for each additional unit.

(2)

There shall be a front yard provided of not less than 30 feet from the right-of-way line.

(3)

There shall be a rear yard of not less than 25 feet except that accessory buildings, structures and parking lots may be placed in the rear yard, but not less than five feet from the rear property line.

(4)

There shall be a side yard provided on each side of the lot to not less than 15 feet.

(5)

The minimum lot width shall be 80 feet at the building line.

(6)

No buildings or structures shall exceed a height of 45 feet in this district.

(Code 1986, § 10-1-44(d))

(a)

A site development plan, prepared in accordance with other sections of this chapter, shall be submitted before a permit can be granted for any use in this district.

(b)

No outdoor storage of any material shall be permitted in this zoning district except within enclosed containers.

(c)

No lighting shall be permitted which would glare from this zone onto any street right-of-way or onto any adjacent property.

(Code 1986, § 10-1-44(e))

This district is intended to aid in providing for the mobile home needs of the community at a comparatively high density in areas that have community services available.

(Code 1986, § 10-1-45(a))

Land may be used for the location of mobile homes and buildings, or structures may be erected, altered, enlarged or used for only one or more of the following purposes:

(1)

Mobile home parks subject to the requirements of Wis. Admin. Code ch. DHS 178.

(2)

One private garage for each mobile home.

(3)

Playgrounds and recreational areas.

(4)

Uses customarily accessory to any of the preceding permitted uses.

(Code 1986, § 10-1-45(b))

No mobile home shall be located and no building shall be erected or structurally altered unless the following area requirements and yards are provided; no structure shall exceed the maximum height specified:

(1)

Minimum designated parcel per mobile home shall not be less than 6,500 square feet for each unit.

(2)

There shall be a rear yard of not less than ten feet. Accessory buildings and structures may be placed in the rear yard, but not less than five feet from the rear property line.

(3)

There shall be a front yard of not less than 25 feet from the right-of-way line.

(4)

There shall be a side yard provided on each side of the lot of not less than ten feet except that private garages shared by two parcels may straddle the lot line.

(5)

The minimum parcel width shall be 60 feet at the building line.

(6)

No building or structure shall exceed a height of 35 feet in this district.

(Code 1986, § 10-1-45(c))

(a)

A site development plan, prepared in accordance with other sections of this chapter, shall be submitted before a permit can be granted for any use in this zoning district.

(b)

No outdoor storage of any material shall be permitted in this zoning district except within enclosed containers.

(c)

No lighting shall be permitted which would glare from this zone onto any street right-of-way or onto any adjacent property.

(Code 1986, § 10-1-45(d))

This district is intended to provide areas in which the convenience shopping and service needs of the community can be met.

(Code 1986, § 10-1-46(a))

(a)

Banks and other lending institutions.

(b)

Offices.

(c)

Theaters.

(d)

Taverns.

(e)

Bowling alleys.

(f)

Hotels, motels.

(g)

Funeral homes.

(h)

Gas stations.

(i)

Bus stations.

(j)

Hardware stores.

(k)

Grocery stores.

(l)

Public utilities.

(m)

Wholesale businesses.

(n)

Lumber yards.

(o)

Lodges.

(p)

Clubs.

(q)

Dwellings, but only as an accessory to a permitted business use.

(r)

Light manufacturing that is accessory to the principal permitted business use.

(s)

Uses customarily accessory to the preceding listed principal uses.

(t)

Signs, as regulated by this chapter.

(u)

Auto sales and service.

(v)

Contractor storage.

(w)

Warehousing.

(x)

Restaurants.

(y)

Department stores.

(Code 1986, § 10-1-46(b))

Land may be used and buildings or structures may be erected, altered, enlarged or used for only one or more of the following purposes if a conditional use permit for such purposes is granted by the village board: Uses not specifically named but similar to the preceding list of permitted uses, provided that the village board, after public hearing, determines the proposal use to be similar.

(Code 1986, § 10-1-46(c))

No building shall be erected or structurally altered unless the following lot area requirements and yards are provided; no structure shall exceed the maximum height specified:

(1)

There shall be a front yard, provided that it is not less than the average of the adjacent setbacks.

(2)

There shall be a rear lot yard of not less than 25 feet, except that the rear yard may be used for off-street parking and loading.

(3)

There shall be a side yard provided of not less than ten feet where a lot in this zoning district abuts a residential zoning district.

(4)

No building or structure shall exceed a height of 45 feet or 2½ stories in this district.

(Code 1986, § 10-1-46(d))

(a)

A site development plan, prepared in accordance with other sections of this chapter, shall be submitted before a permit can be granted for any use in this district.

(b)

No outdoor storage of any material shall be permitted in this zoning district except within enclosed containers.

(c)

No lighting shall be permitted which would glare from this zone onto any street right-of-way or onto any adjacent property.

(Code 1986, § 10-1-46(e))

This district is intended to provide for any manufacturing or industrial operation which on the basis of actual physical and operational characteristics, would not be detrimental to the surrounding area or to the community as a whole by reason of noise, dust, smoke, odor, traffic, physical appearance, or other similar factors; and subject to such regulatory controls as will reasonable ensure compatibility in this respect.

(Code 1986, § 10-1-47(a))

Land may be used and buildings or structures may be erected, altered, or used for only one or more of the following purposes:

(1)

Cabinet-making and interior woodwork manufacture.

(2)

Carpenter and pattern shops.

(3)

Tinsmith shops.

(4)

Storage warehouses.

(5)

Contractor or construction shops, including building, cement, electrical, refrigeration, air conditioning, masonry, painting, plumbing, roofing, heating and ventilating.

(6)

Lumber yards.

(7)

Book printing and binding.

(8)

Canvas and canvas products.

(9)

Clothing manufacture.

(10)

Toy manufacture.

(11)

Stone cutting of monuments, headstone or statues, but not building stone or architectural trim.

(12)

Newspaper printing.

(13)

Broom and brush manufacture (wire or bristle).

(14)

Engraving.

(15)

Furniture manufacture.

(16)

Wholesaling, warehousing, truck terminals, and transshipment facilities.

(17)

Public service installations, including public utility buildings and structures for gas, water, and electrical service telephone exchanges, transformer stations, substations and power generating plants, including storage of equipment vehicles.

(18)

Uses similar to the above listed uses.

(19)

Uses customarily accessory to the preceding listed permitted principal uses.

(Code 1986, § 10-1-47(b))

No building shall be erected or structurally altered unless the following lot area requirements and yards are provided; no structure shall exceed the maximum height specified:

(1)

There shall be a front yard provided of not less than 50 feet from the right-of-way line.

(2)

There shall be side and rear yards provided of not less than 100 feet where a lot in this zoning district abuts a residential zoning district. Side and rear yards may be used for off-street parking and loading.

(3)

The maximum lot coverage permitted in this zoning district shall be 40 percent.

(4)

No building or structure shall exceed a height of 45 feet or 2½ stories in this district.

(Code 1986, § 10-1-47(c))

(a)

A site development plan, prepared in accordance with other sections of this chapter, shall be submitted before a permit can be granted for any use in this district.

(b)

No outdoor storage of any material shall be permitted in this zoning district except within enclosed containers.

(c)

No lighting shall be permitted which would glare from this zone onto any street right-of-way or onto any adjacent property.

(Code 1986, § 10-1-47(d))

This district is intended to provide for areas devoted to manufacturing and similar enterprises in which community sewers are available.

(Code 1986, § 10-1-48(a))

Land may be used and buildings or structures may be erected, altered, enlarged or used for only one or more of the following purposes:

(1)

Manufacturing establishments, usually described as factories, mills, or plants, in which raw materials are transformed into finished products, and establishments engaged in assembling component parts of manufactured products.

(2)

Fabrication establishments, including, but not limited to, shops for tool and die machines, blacksmithing, plumbing, sheet metal and woodworking.

(3)

Signs as regulated by other sections of this chapter.

(4)

The outdoor storage of industrial products, machinery equipment, or other materials, provided that such storage be enclosed by a suitable fence or other manner of screening. This includes, but is not limited to, lumber and building material sales, contractors supply sales and storage yards, including equipment storage, and bulk storage yards, excluding petroleum products.

(5)

Sales, service and repair of motor vehicles, farm machinery, boat trailers and heavy equipment.

(6)

Uses permitted in the I-1 Light Industrial District.

(7)

Uses customarily accessory to the preceding listed permitted principal uses.

(Code 1986, § 10-1-48(b))

Land may be used and buildings or structures may be erected, altered, enlarged or used for only one or more of the following purposes if a conditional use permit for each purpose is granted by the village board:

(1)

Acid manufacture.

(2)

Aircraft landing fields, hangars or accessory structures.

(3)

Automobile wrecking yards, junkyards and salvage yards.

(4)

Cement, lime, gypsum or plaster of Paris manufacture.

(5)

Distillation of bones.

(6)

Explosives manufacture or storage.

(7)

Fat rendering.

(8)

Fertilizer manufacture.

(9)

Glue manufacture.

(10)

Petroleum or petroleum products storage or refining.

(11)

Refuse disposal sites, dumping grounds, sanitary landfill operations or similar uses, provided that such uses comply with solid waste disposal standards and pollution control requirements of the state.

(12)

Sand and gravel extraction and mining, including processing and storage.

(13)

Slaughterhouses.

(14)

Smelting.

(15)

Stockyards.

(Code 1986, § 10-1-48(c))

No building shall be erected or structurally altered unless the following lot area requirements and yards are provided; no structures shall exceed the maximum height specified:

(1)

There shall be a front yard provided of not less than 50 feet from the right-of-way line.

(2)

There shall be side and rear yards provided of not less than 100 feet where a lot in this zoning district abuts a residential zoning district. Side and rear yards may be used for off-street parking and loading.

(3)

The maximum lot coverage permitted in this zoning district shall be 40 percent.

(4)

No building or structure shall exceed a height of 45 feet or 2½ stories in this district.

(Code 1986, § 10-1-48(d))

(a)

A site development plan, prepared in accordance with other sections of this chapter, shall be submitted before a permit can be granted for any use in this district.

(b)

No lighting shall be permitted which would glare from this zone onto any street right-of-way or onto any adjacent property.

(Code 1986, § 10-1-48(e))

This district is intended to provide for the conservation and preservation of natural resources and areas of special environmental importance.

(Code 1986, § 10-1-49(a))

Land may be used and buildings or structures may be erected, altered, enlarged or used for only one or more of the following purposes.

(1)

Farming, but excluding swine farming and fur farming.

(2)

Forestry.

(3)

Cemeteries.

(4)

Public parks, recreational facilities and structures.

(5)

Essential services.

(6)

Uses customarily accessory to the preceding listed permitted principal uses.

(Code 1986, § 10-1-49(b))

No building shall be erected or structurally altered unless the following lot area requirements and yards are provided. No structure shall exceed the maximum height specified.

(1)

There shall be a front yard provided of not less than 50 feet from the right-of-way line.

(2)

There shall be rear and side yards provided of not less than 30 feet from any property line.

(3)

No building or structure shall exceed a height of 35 feet in this district.

(Code 1986, § 10-1-49(c))

(a)

The Planned Unit Development District is established to provide a regulatory framework designed to promote improved environmental design in the village by allowing for greater freedom, imagination and flexibility in the development of land, while ensuring substantial compliance to the basic intent of the zoning ordinance and the general plan for community development. It allows diversification and variation in the relationship of used, structures, open spaces and heights of structures in developments conceived and implemented as comprehensive and cohesive unified projects.

(b)

This district is intended to provide for large-scale combined use development. It is especially applicable to a development in which a number of different land uses, for example, residential, commercial, open space, etc., are combined in a design which provides for desirable and convenient living conditions and which minimizes conflicts between the various land uses involved.

(Code 1986, § 10-1-50(a))

The following uses are permitted in the planned unit development district; provided, however, that no use shall be permitted except in conformity with a specific and precise development plan pursuant to the procedural and regulatory provisions as hereinafter set forth and as conditional uses:

(1)

Any use permitted as a conditional grant in any of the other districts of this chapter may be permitted, subject to the criteria as established herein, but such requirements as are made a part of an approved, recorded precise development plan shall be, along with the recorded plan itself, construed to be enforced as part of this chapter.

(2)

In the planned unit development district, there shall be no predetermined specific lot area, lot width, height, yard and usable open space, except as specified herein, requirements, but such requirements as are made a part of an approved recorded precise development plan shall be, along with the recorded plan itself, construed to be and enforced as a part of this chapter.

(3)

Off-street parking. In the planned unit development district, off-street parking facilities shall be provided in accordance with applicable regulations herein set forth and such requirements as are made a part of an approved recorded precise development plan.

(4)

Each separate planned unit development shall consist of an area of not less than five acres.

(Code 1986, § 10-1-50(b))

As a basis for determining the acceptability of a planned unit development district application, the following criteria shall be applied to the precise development plan for such district with specific consideration as to whether or not it is consistent with the spirit and intent of this chapter, has been prepared with competent professional advice and guidance, and produces significant benefits in terms of environmental design:

(1)

Character and intensity of land use. The following criteria shall be applied to every proposed planned unit development as a basis for determining its consistency with the letter and spirit of this section.

a.

Its compatibility with the site, with particular emphasis on the preservation of natural features and the use of open space.

b.

Its overall compatibility with existing land uses in the vicinity and with probable future land uses in the vicinity.

c.

The internal compatibility of the various land uses proposed to be included within the development.

d.

Its compatibility with existing and probable future transportation facilities in the vicinity, and its tendency to increase the demand upon those facilities.

e.

The provision of adequate internal circulation facilities including streets and sidewalks, and parking facilities within the development.

f.

Its compatibility with existing and probable future provision of public utility services such as sewer and water facilities and its tendency to increase the demand upon those facilities.

g.

Its compatibility with existing and probable other public services, such as schools, police protection, fire protection, street maintenance, etc., and its tendency to increase the demand upon these services.

(2)

Economic feasibility and impact. The proponents of a planned unit development district application shall provide evidence satisfactory to the village board of its economic feasibility, of available adequate financing, and that it would not adversely affect the economic prosperity of the village or the values of surrounding properties.

(3)

Engineering design standards. The width of street right-of-way, width and location of street or other paving, outdoor lighting location of sewer and water lines, provision for stormwater drainage or other similar environmental engineering consideration shall be based upon determination as to the appropriate standards necessary to implement the specific function in the specific situation; provided, however, that in no case shall standards be less than those necessary to ensure the public safety and welfare as determined by the village.

(4)

Preservation and maintenance of open space. In a planned unit development district, adequate provision shall be made for the permanent preservation and maintenance of common open space either by private reservation or dedication to the public.

a.

In the case of private reservation, the open area to be reserved shall be protected against building development by conveying to the village, as part of the conditions for project approval, an open space easement over such open areas.

b.

The care and maintenance of such open space reservation shall be ensured by establishment of appropriate management organization for the project. The manner of ensuring maintenance and assessing such cost to individual properties shall be included in any contractual agreement with the village and shall be included in the title to each property.

c.

Ownership and tax liability of private open space reservation shall be established in a manner acceptable to the village and made a part of the conditions of plan approval.

(5)

Development schedule. The district shall submit a reasonable schedule for the implementation of the development to the satisfaction of the village board, including suitable provisions for assurance that each phase could be brought to completion in a manner which would not result in adverse effect upon the community as a result of termination at that point.

(Code 1986, § 10-1-50(c))

The procedure for rezoning to a planned unit development district shall be as required for any other zoning district change under this chapter, except that, in addition thereto, the rezoning may only be considered in conjunction with a development plan and shall be subject to the following additional requirements:

(1)

General development plan. General development plan shall include the following information:

a.

A statement describing the general character of the intended development.

b.

An accurate map of the project area including its relationship to surrounding properties and existing topography and key features.

c.

A plan of the proposed project showing at least the following information in sufficient detail to make possible the evaluation of the criteria for approval as set forth in subsection (4) of this section:

1.

The pattern of proposed land use, including shape, size and arrangement of proposed land areas, density and environmental character.

2.

The pattern of public and private streets.

3.

The location, size and character of recreational and open space areas reserved or dedicated for public uses such as school, park, greenway, etc.

4.

A utility feasibility study.

d.

Appropriate statistical data on the size of the development ratio of various land uses, percentages of multi-family units by number of bedrooms, land uses, percentages of multi-family units by number of bedrooms, economic analysis of the development, expected staging and any other plans of data pertinent to evaluation by the village under the criteria of subsection (3) of this section.

e.

General outline of intended organizational structure related to property owner's association, deed restrictions and private provision of common services.

(2)

Referral and hearing.

a.

Within a reasonable time after completion of the filing of the petition for approval of a general development plan, the plan commission shall forward the application to the village board, with a recommendation that the plan be approved as submitted, approved with modifications or disapproved. Upon receipt of the plan commission's recommendations, the village board shall determine whether or not to initiate a proposed zoning change to permit the proposed planned community development district and to schedule the required public hearing. If the village board fails to initiate such a change within 30 days, the petitioner may file a petition directly with the village clerk-treasurer.

b.

Approval of the rezoning and related general development plan shall establish the basic right-of-use for the area in conformity with the plan as approved, which shall be recorded as an integral component of the district regulations, but such plan shall be conditioned upon approval of a specific implementation plan, and shall not make permissible any of the uses as proposed until a specific implementation plan is submitted and approved for all or a portion of the general development plan.

(3)

Specific implementation plan. A specific and detailed implementation plan of all or a part of a proposed planned unit development district must be submitted within a reasonable period of time, as determined by the village board. If a specific implementation plan has not been submitted within the time, which the village board determines to be a reasonable phase of the total plan, a petition to rezone the property back to the previous zoning from the planned unit development district shall be filed by the appropriate village official with the village clerk-treasurer for processing. The specific implementation plan shall be submitted to the village board and shall include the following detailed construction and engineering plans and related detailed documents and schedules:

a.

An accurate map of the area covered by the plan, including the relationship to the total general development plan.

b.

The pattern of public and private roads, driveways, walkways and parking facilities.

c.

Detailed lot layout and subdivision plan, where required.

d.

The arrangement of building groups other than single-family residences, and their architectural character.

e.

Sanitary sewer and water mains.

f.

The arrangement of building groups other than single-family residences, and their architectural character.

g.

Grading plan and storm drainage system.

h.

The location and treatment of open space areas and recreational or other special amenities.

i.

General location and description of any areas to be dedicated to the public.

j.

General landscape treatment.

k.

Proof of financing capability.

l.

Analysis of economic impact upon the community.

m.

A development schedule indicating:

1.

The approximate date when construction of the project can be expected to begin;

2.

The stages in which the project will be built and the approximate date when construction of each stage can be expected to begin;

3.

The anticipated rate of development;

4.

The approximate date when the development of each of the stages will be completed.

n.

Agreements, bylaws, provision or covenants which govern the organizational structure, use maintenance, and continued protection of the planned unit development and any of its common services, common open areas or other facilities.

o.

Any other plans, documents or schedules requested by the village.

(4)

Approval of the specific implementation plan.

a.

Following a review of the specific implementation plan, and a recommendation from the plan commission, the village board may approve the plan and authorize development to proceed accordingly or disapprove the plan and request negotiations with the developer.

b.

In the event of approval of the specific implementation plan, the building, site and operational plans for the development, as approved, as well as all other commitments and contractual agreements with the village offered or 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 official submittal plans, shall be recorded by the developer within a reasonable period of time, as determined by the village board, in the county register of deeds office. This shall be accomplished prior to the issuance of any building permit.

c.

Any subsequent change or addition to the plans or use shall first be submitted for approval to the village attorney and village board, and, if in the opinion of the village board such change or addition constitutes a substantial alteration of the original plan, the procedure provided in this subsection (4) of shall be required.

(Code 1986, § 10-1-50(d))

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

This division is adopted pursuant to Wis. Stats. §§ 61.35 and 62.23, with authority to encourage the protection of groundwater resources.

(Ord. of 3-14-2019, § 10-1-51(1.0))

The regulations specified in this wellhead protection ordinance shall apply only to lands within 1,200 feet of the St. Nazianz municipal wells within the incorporated areas of the village.

(Ord. of 3-14-2019, § 10-1-51(1.1))

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

Aquifer means a saturated, permeable geologic formation that contains and will yield significant quantities of water.

Groundwater protection overlay district means that portion of the recharge area for the village wells that lies within the village limits as shown in the map attached hereto as Exhibit "A" [on file in the office of the village clerk] and incorporated herein as if fully set forth.

Hazardous chemicals means chemicals and chemical mixtures that is required to have an MSDS and meets the definition of hazardous chemical under the OSHA regulations found at 29 CFR 1910.1200(c). Substances packaged for consumption for humans or animals are not considered hazardous chemicals. Hazardous chemicals include:

(1)

Chemicals for which there is scientific evidence that acute or chronic health effects may result from exposure including carcinogens, toxic and highly toxic agents, irritants, corrosives, sensitizers, hepatotoxins, agents that act on the hematopoietic system, reproductive toxins, and agents which damage the lungs, skin, eyes, or mucous membranes as defined in 29 CFR 1910.1200, Appendix A, "Health Hazard Definitions (Mandatory)."

(2)

Mixtures of chemicals which have been tested as a whole and have been determined to be a health hazard.

(3)

Mixtures of chemicals which have not been tested as a whole but which contain any chemical which has been determined to be a health hazard and comprises one percent or greater of the composition on a weight-per-unit weight basis.

(4)

Mixtures of chemicals which include a carcinogen if the concentration of the carcinogen in the mixture is one-tenth of one percent or greater of the composition on a weight-per-unit weight basis.

(5)

Ingredients of mixtures prepared within the groundwater protection overlay district in cases where such ingredients are health hazards but comprise more than one-tenth of one percent of the mixture on a weight-per-unit weight basis if carcinogenic, or more than one percent of the mixture on a weight-per-unit weight basis if no carcinogenic.

(6)

Petroleum and non-solid petroleum derivatives (except non-PCB dielectric fluids used in equipment or for transmission of electric power to homes and businesses).

Recharge area means the area in which water reaches the zone of saturation by surface infiltration and encompasses all areas or features that supply groundwater recharge to a well.

Well field means a piece of land used primarily for the purpose of locating wells to supply a municipal water system.

Wellhead protection area means the land area defined as such by the village wellhead protection plan prepared in accordance with § NR 811.12(6) Wis. Admin. Code. for wellhead protection planning.

(Ord. of 3-14-2019, § 10-1-51(1.2))

Cross reference— Definitions and rules of construction, § 1-2.

The primary portion of the St. Nazianz recharge area to be protected is the land that has been designated as a "wellhead protection area" by the village in their wellhead protection plan (on file in the office of the village clerk). These lands are subject to land use and development restrictions because of close proximity to the wells and the corresponding high threat of contamination.

(Ord. of 3-14-2019, § 10-1-51(2.1))

The following uses are permitted uses within groundwater protection overlay district subject to the separation distances listed in section 62-329. Uses not listed here or in section 62-327 below are to be considered prohibited uses.

(1)

Parks and playgrounds, provided there are no on-site waste disposal or fuel storage tank facilities.

(2)

Wildlife areas.

(3)

Nonmotorized trails, such as biking, skiing, nature and fitness trails.

(4)

Residential, commercial and industrial establishments that are municipally sewered and whose aggregate of hazardous chemicals in use, storage, handling and/or production may not exceed 20 gallons or 160 pounds at any time, with the exception for those uses listed as conditional in section 62-327 or prohibited in section 62-328.

(Ord. of 3-14-2019, § 10-1-51(2.2))

The following uses are conditional uses within groundwater protection overlay district subject to the separation distances listed in section 62-329. Uses not listed here or in section 62-326 above are to be considered prohibited uses.

(1)

Hydrocarbon, petroleum or hazardous chemical storage greater than 110 gallons in any single or double wall tank.

(2)

Motor vehicle services, including filling and service stations, repair, renovation and body work.

(3)

Private on-site wastewater treatment systems (POWTS) or holding tanks receiving less than 12,000 gallons per day.

(4)

Residential, commercial and industrial establishments that are municipally sewered and whose aggregate of hazardous chemicals in use, storage, handling and/or production exceeds 20 gallons or 160 pounds at any time.

(5)

Stormwater infiltration basins.

(6)

Geothermal wells, also known as ground source heat pump along with any associated piping and/or ground loop component installations.

(Ord. of 3-14-2019, § 10-1-51(2.3))

The following uses are prohibited uses within the groundwater protection overlay district. These uses are prohibited based on the high probability that activities routinely associated with these uses (storage, use, and handling of potential pollutants) will cause groundwater contamination. Uses not listed shall not be considered permitted uses.

(1)

Septage and/or sludge spreading.

(2)

Animal waste storage facilities or landspreading.

(3)

Animal confinement facilities or CAFOs.

(4)

Printing and duplicating businesses.

(5)

Landfills or waste disposal facilities.

(6)

Wastewater treatment facilities.

(7)

Spray wastewater facilities.

(8)

Junk yards or auto salvage yards.

(9)

Bulk fertilizer and/or pesticide facilities.

(10)

Asphalt products manufacturing.

(11)

Dry cleaning businesses.

(12)

Salt storage.

(13)

Electroplating facilities.

(14)

Exterminating businesses.

(15)

Paint and coating manufacturing.

(16)

Radioactive waste facilities.

(17)

Recycling facilities.

(18)

Cemeteries.

Where any of the uses listed above exist within groundwater protection overlay district on the effective date of the ordinance codified in this division, owners of these facilities will be allowed to upgrade the facilities to facilitate or enhance groundwater protection. Plans for the proposed upgrade must be approved by the village board, and appropriate permit issued by the village building inspector, prior to any work being initiated. Expansion of the prohibited use will not be allowed, although routine maintenance and repair of the existing facility is allowed.

(Ord. of 3-14-2019, § 10-1-51(2.4, 2.5))

The following separation distances as specified in NR 811.12(5), Wis. Admin. Code, shall be maintained within the groundwater protection overlay district:

(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 four 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 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 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 § 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 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 § 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. of 3-14-2019, § 10-1-51(2.6))

The regulations of the groundwater protection overlay district will apply in addition to all other zoning regulations applicable to the same geographic area. In the event the provisions of the groundwater protection overlay district are more stringent than the applicable zoning regulations, the terms of the overlay district shall have priority.

(Ord. of 3-14-2019, § 10-1-51(2.6))

No person shall maliciously, willfully, or negligently break, damage, destroy, uncover, deface, or tamper with any structure, appurtenance, property, or equipment which is part of or used in conjunction with water facilities of the village or any other protected public water supply, or which results in the violation of this division.

(Ord. of 3-14-2019, § 10-1-51(2.8(6))

In their interpretation and application, the provisions of this division shall be held to be the minimum and are not deemed a limitation or repeal of any other power granted by Wisconsin Statutes. Where any terms or requirements of this division may be inconsistent or conflicting with existing terms or requirement of the Municipal Code of the Village of St. Nazianz, the most restrictive requirements or interpretations shall apply.

(Ord. of 3-14-2019, § 10-1-51(2.9(1)))

(a)

Any person deemed to be in violation of any provisions of this division shall be served with a written notice stating the nature of the violation and providing reasonable time for compliance.

(b)

The notice shall be served in the manner provided by the law for the service of civil processes. Where the address of the violator is unknown, service may be made upon the owner of the property by certified mail at the address of the owner as shown on the village tax record.

(Ord. of 3-14-2019, § 10-1-51(2.8(1)))

Any person who violates, neglects or refuses to comply with any of the provisions of this division shall be subject to a penalty as provided in section 1-13 of the St. Nazianz Code of Ordinances. Each day a violation exists or continues shall constitute a separate offense. All costs of prosecution shall be paid by the defendant.

(Ord. of 3-14-2019, § 10-1-51(2.8(2)))

The village may, in addition to any other remedy, seek injunction or restraining order or other equitable relief against the party alleged to have violated the provisions hereof. All costs thereof shall be changed to the defendant in such action.

(Ord. of 3-14-2019, § 10-1-51(2.8(3)))

Any person who causes the release of any contaminants which may endanger or contaminate the municipal water supply system associated with a groundwater protection overlay district shall immediately cease such discharge and immediately initiate clean up satisfactory to the village and the other state and federal regulatory agencies. The person who releases such contaminants and the person who owns the facility whereon the contaminants have been released shall be jointly and severally responsible for the cost of cleanup, consultant, or other contractor fees, including all administrative costs for oversight, review and documentation, including the village employee's equipment, and mileage. In addition to any other action hereunder, the village may commence action against the person or entity who releases the contaminants and the owner of the facility whereupon the contaminants were released to recover the costs of clean-up, together with the cost of prosecution.

(Ord. of 3-14-2019, § 10-1-51(2.8(4)))

Subject to applicable provisions of law, the village building inspector or authorized representative thereof shall be permitted to enter private property at any reasonable time, with reasonable cause or with prior notification, for such purposes as inspection, observation, measurement, sampling, and records examination pertaining to the requirements of this division to ensure that activities are in accordance with the provisions of this division. If the owner or person in charge of the premises does not consent to the entry of the appointed individual for the above stated purposes, the village board or its designee may apply to a court of competent jurisdiction of ran appropriate warrant or other authority to enter said property.

(Ord. of 3-14-2019, § 10-1-51(2.8(5)))