A.
Districts. To carry out the purposes of this chapter,
the Village of Cambria is hereby divided into the following zoning
districts:
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A-1
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Agricultural and Residential District
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R-1
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Single-Family Residential District
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R-2
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Single- and Multiple-Family Residential District
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R-3
|
Multiple-Family and Mobile Home Residential
District
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B-1
|
General Business District
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I-1
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Light Industrial District
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I-2
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General Industrial District
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C-1
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Conservancy District
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P-1
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Public and Quasi-Public District
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PUD
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Planned Unit Development
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B.
Zoning Map. The boundaries of these districts are
shown on the map accompanying this chapter.[1] This map is designated as the Zoning Map for the Village
of Cambria. The Zoning Map shall be on file with the Village Clerk/Treasurer
together with all notations, references and other information shown
thereon, and they are a part of this chapter having the same force
and effect as if said Zoning Map and all such notations, references
and other information shown thereon were fully set forth.
[1]
Editor's Note: The Zoning Map is on file in the office of
the Village Clerk/Treasurer.
C.
Annexations. Annexations to or consolidations with
the Village subsequent to the effective date of this chapter shall
be placed in the A-1 Agricultural and Residential District unless
the annexation ordinance temporarily places the land in another district.
A.
Where district boundaries are indicated as approximately
following the center lines of streets or highways, street lines, or
highway right-of-way lines, such center lines, street lines, or highway
right-of-way lines shall be construed 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 said boundaries.
C.
Where district boundaries are so indicated that they
are approximately parallel to the center lines of streets or the center
lines 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
said 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 said railroad line.
E.
Questions concerning the exact location of district
boundary lines shall be determined by the Village's Zoning Board of
Appeals.
A.
Purpose. This district is intended to help conserve
good farming and natural resources 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.
B.
Permitted uses.
(1)
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.
(2)
Forestry, grazing, hatcheries, nurseries, orchards,
paddocks, poultry raising, stables and truck farming.
(3)
Harvesting of wild crops and management of wildlife,
including nonresidential buildings used solely in conjunction with
such activity.
(4)
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.
(5)
Signs as permitted under this chapter.
(6)
Customary home occupations.
(7)
Uses customarily accessory to any of the above uses,
including residential uses accessory to any of the above uses.
C.
Conditional uses. Land may be used and buildings or
structures may be erected, altered, enlarged or used for one or more
of the following purposes only 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 semipublic 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 chapter and Ch. HFS 178, Wis. Adm.
Code.
(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.
D.
Area and height regulations. 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.
(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 2 1/2 stories; however, no maximum height is required
for nonresidential structures in this district.
A.
Purpose. This district is intended to provide for
areas in which single-family dwellings may be permitted on moderate-sized
lots that have community sewers.
[Amended 9-11-2006]
B.
Permitted uses. Land may be used and buildings or
structures may be erected, altered, enlarged or used for one or more
of the following purposes:[1]
C.
Conditional uses. Land may be used and buildings or
structures may be erected, altered, enlarged or used for one or more
of the following purposes only if a conditional use permit for such
purpose is granted by the Village Board:[3]
(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 rooming houses, provided the conditional
use standards of this chapter and the following requirements are met:
(a)
No boardinghouse or rooming house may contain
or be occupied by more than 10 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 nonilluminated sign advertising
lodging or boarding, not to exceed one square foot in area, shall
be permitted on the lot or building on which the rooming house is
located.
(d)
The maximum lot area required shall be as specified
in the zoning district in which the boardinghouse or rooming house
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 rooming house must meet
all other applicable state, county or Village codes and regulations.
(9)
Two-family dwellings.
[Added 9-11-2006]
D.
Area and height regulations. 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 setback and a street yard
setback provided of not less than 30 feet from the right-of-way line.
[Amended 11-1-2021]
(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 six feet from the rear property line.
[Amended 12-2-2002]
(4)
There shall be a side yard on each side of the lot
of not less than 10 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% of the total area of the lot.
(7)
No building or structure shall exceed a height of
35 feet or 2 1/2 stories in this district.
A.
Purpose. 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.
B.
Permitted uses.
(1)
Multiple-family dwellings in a structure containing
no more than eight units per structure.
(2)
Charitable institutions, rest homes, convalescent
homes, nursing homes, homes for the care of children, homes for the
care of the aged and similar institutions.
(3)
Parking garage or parking lot as an accessory use.
(4)
Churches and schools.
(5)
Public playgrounds, recreational and community buildings
and grounds.
(6)
Uses customarily accessory to any of the preceding
permitted uses.
C.
Conditional uses. Land may be used and buildings or
structures may be erected, altered, enlarged or used for one or more
of the following purposes only if a conditional use permit for such
purpose is granted by the Village Board:[1]
D.
Area and height regulations. 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 lot 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 10 feet from the rear property
line.
(4)
There shall be a side yard provided on each side of
the lot of not less than 15 feet.
(5)
The minimum lot width shall be 80 feet at the building
line.
(6)
No building or structures shall exceed a height of
45 feet in this district.
E.
Other development regulations.
(1)
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.
(2)
No outdoor storage of any material shall be permitted
in this zoning district except within enclosed containers.
(3)
No lighting shall be permitted which would glare from
this zone onto any street right-of-way or onto any adjacent property.
A.
Purpose. 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.
B.
Permitted uses. Land may be used for the location
of mobile homes, and buildings or structures may be erected, altered,
enlarged or used for one or more of the following purposes:[1]
D.
Area and height regulations. 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 10 feet.
Accessory buildings and structures may be placed in the rear yard
but not less than 10 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 10 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 of structure shall exceed a height of
35 feet in this district.
E.
Other development regulations:
(1)
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.
(2)
No outdoor storage of any material shall be permitted
in this zoning district except within enclosed containers.
(3)
No lighting shall be permitted which would glare from
this zone onto any street right-of-way or onto any adjacent property.
(4)
Mobile home parks shall have a minimum of six mobile
home parking parcels.
[Amended 8-3-2009]
A.
Purpose. This district is intended to provide areas in which the
convenience shopping and service needs of the community can be met.
B.
Permitted uses:
(1)
Banks and other lending institutions.
(2)
Offices.
(3)
Theaters.
(4)
Taverns.
(5)
Bowling alleys.
(6)
Hotels, motels.
(7)
Funeral homes.
(8)
Bus stations.
(9)
Hardware stores.
(10)
Grocery stores.
(11)
Public utilities.
(12)
Wholesale business.
(13)
Lodges.
(14)
Clubs.
(15)
Dwelling, but only as an accessory to a permitted business use.
(16)
Light manufacturing that is accessory to the principal permitted
business use.
(17)
Uses customarily accessory to the preceding listed principal
uses.
(18)
Signs, as regulated by this chapter.
(19)
Restaurants.
(20)
Department stores.
(21)
Bakeries.
(22)
Sporting goods stores.
(23)
Gymnasiums, health clubs, spas.
(24)
Retail when accompanied by permitted service business.
(25)
Contractors' offices.
(26)
Beauty shops.
(27)
Drugstores.
(28)
Pet shops or pet service.
C.
Conditional uses. Land may be used and buildings or structures may
be erected, altered, enlarged or used for one or more of the following
purposes only if a conditional use permit for such purposes is granted
by the Village Board:
[Amended 5-3-2010 by Ord.
No. 10-02]
(1)
Uses not specifically named but similar to the preceding list of
permitted uses, provided that the Village Board, after recommendation
from the Building Inspector, determines the proposed use to be similar.
(2)
Uses not specifically named and not similar to the preceding list
of permitted uses (or conditional uses hereinafter), as determined
by the Building Inspector, provided that the Village Board, after
public hearing, determines the use to be appropriate in this General
Business District.
(3)
Gas stations.
(4)
Lumberyards.
(5)
Auto sales and service.
(6)
Contractor storage.
(7)
Warehousing.
(8)
Mini warehouses.
D.
Area and height regulations. 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 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 10 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 2 1/2
stories in this district.
E.
Other development regulations.
(1)
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.
(2)
No outdoor storage of any material shall be permitted in this zoning
district except within enclosed containers.
(3)
No lighting shall be permitted which would glare from this zone onto
any street right-of-way or onto any adjacent property.
A.
Purpose. 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 reasonably
ensure compatibility in this respect.
B.
Permitted uses. Land may be used and buildings or
structures may be erected, altered or used for one or more of the
following purposes:
[Amended 5-3-2010 by Ord.
No. 10-02]
(1)
Cabinetmaking and interior woodwork manufacture.
(2)
Carpenter and pattern shops.
(3)
Tinsmith shop.
(4)
Storage warehouse; including but not limited to warehouses,
mini-warehouses, and self-storage units.
[Amended 11-2-2015]
(5)
Contractor or construction shops, including building,
cement, electrical, refrigeration, air conditioning, masonry, plumbing,
heating and ventilating.
(6)
Clothing manufacture.
(7)
Wholesaling, truck terminals, and transshipment facilities.
(8)
Public service installations, including public utility
buildings and structures for gas, water and electrical service telephone
exchanges, transformer stations, substations, power-generating plants,
including storage of equipment vehicles.
(9)
Uses similar to the above listed uses.
(10)
Uses customarily accessory to the preceding
listed permitted principal uses.
C.
Conditional
uses.[1]
(1)
Contractor
or construction shops including painting and roofing.
(2)
Lumberyard.
(3)
Book printing and binding.
(4)
Toy manufacture.
(5)
Stone cutting of monuments, headstone or statues but
not building stone or architectural trim.
(6)
Newspaper printing.
(7)
Broom and brush manufacture (wire or bristle).
(8)
Engraving.
(9)
Furniture manufacture.
D.
Area and height regulations. 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.[2]
(3)
No building or structure shall exceed a height of
45 feet or 2 1/2 stories in this district.
E.
Other development regulations.
(1)
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.
(2)
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 storage and bulk storage yards,
excluding petroleum products.[3]
(3)
No lighting shall be permitted which would glare from
this zone onto any street right-of-way or onto any adjacent property.
[Amended 4-4-2005; 2-5-2007; 3-3-2008]
A.
Purpose. This district is intended to provide for
areas devoted to manufacturing and similar enterprises in which community
sewers are available.
B.
Permitted uses. Land may be used and building or structures
may be erected, altered, enlarged or used for one or more of the following
purposes:[1]
(1)
Manufacturing establishments, usually described as
factories, mills and 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, machine, blacksmith, 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 storage, and bulk storage yards,
excluding petroleum products.[2]
(5)
Food processing.
(6)
Uses permitted in the 1-1 Industrial District.
(7)
Uses customarily accessory to the preceding listed
permitted principal uses.
C.
Conditional uses. Land may be used and buildings or
structures may be erected, altered, enlarged or used for one or more
of the following purposes only if a conditional use permit for each
purpose is granted by the Village Board.[3]
(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)
Mini warehousing.
(11)
Petroleum or petroleum products storage.
(12)
Plastic manufacture and processing.
(13)
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 of Wisconsin.
(14)
Sales, service and repair of motor vehicles,
farm machinery, boat trailers and heavy equipment.
(15)
Sand and gravel extraction and mining, including
processing and storage.
(16)
Slaughterhouses.
(17)
Small engine repair and service.
(18)
Smelting.
(19)
Stockyards.
(20)
Towing services.
(22)
The transportation, by any means or method,
of ethanol raw materials and/or feed stock within the Village limits
when the intended destination is an ethanol manufacturing or refining
operation within the Village limits or the Village extraterritorial
zoning jurisdiction area. This subsection does not prohibit grain
delivery for the purpose of milling grain. The Plan Commission shall
recommend conditions for the Village Board to require in the conditional
use permit, which will be renewed on an annual basis.
D.
Prohibited uses. Land may not be used for any of the
following purposes. Removal or modification of uses listed in this
subsection shall only be permitted upon a vote of 3/4 of the members
of the Village Board.
(1)
The manufacture or refining of ethanol.
(2)
The storage of more than 3,000 gallons in aggregate
of the following chemicals including, without limitation, natural
gas by-products used as a denaturant, petroleum products used as a
denaturant, anhydrous ammonia, sulfuric acid, phosphoric acid, liquid
or gas chlorine, and any caustic including, without limitation, sodium
hydroxide, and potassium hydroxide. If a larger quantity is allowed
by any other government entities, Cambria's more restrictive limits
shall be followed.
(3)
The manufacture or refining of energy, gases, or liquids,
either flammable or nonflammable, from natural resources and natural
or synthetic products, except for natural gas utility stations.
E.
Area and height regulations. 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.[6]
(3)
No building or structure shall exceed a height of
45 feet or 2 1/2 stories in this district.
F.
Other development regulations.
A.
Purpose. This district is intended to provide for
the conservation and preservation of natural resources and areas of
special environmental importance.
A.
Purpose. The purpose of the P-1 District is:
(1)
To identify and delineate properties devoted to existing recreational,
institutional and/or governmental use, particularly areas of one acre
or more in size.
(2)
To identify, delineate and reserve properties set forth in the Village
Land Use Plan as essential to future recreational, institutional and/or
governmental development within the community.
B.
Permitted uses.
(1)
Public parks, playfields, playgrounds and related recreational developments;
arboretums, wildlife preserves, soil and water conservation practices;
churches, community centers, libraries, governmental offices, museums,
police and fire stations.
(2)
Public, parochial and private elementary and secondary schools, including
preschools, provided all principal structures and uses are not less
than 50 feet from any lot line.
(3)
Golf courses, gymnasiums, music and/or dance halls, stadiums, swimming
pools, zoological and/or botanical gardens.
(4)
Water supply and/or wastewater treatment facilities; utility services
and facilities; recycling operations and facilities.
C.
Lot size; building size and yard requirements. The Village Board
will establish lot size, building size and yard requirements on a
case-by-case basis.
A.
Purpose and intent.
(1)
The purpose of a planned development district is to provide a regulatory
framework to encourage improved environmental design by allowing flexibility
in the development of land while ensuring compliance with the basic
intent of the Zoning Ordinance and with the Village Land Use Plan.
Developers can propose uses or combination of uses and configurations
of intensity and density of development. Through a process of Plan
Commission review, public hearing and Village Board review and approval,
accompanied by discussions with developers and, as appropriate, with
other interested parties, an agreement is reached between the property
owner and the Village of Cambria. The details of this agreement constitute
the zoning controls of the property. These controls have the same
legal force and effect as do standard zoning requirements.
(2)
The Village Board may by resolution authorize the Building Inspector
to issue a PDD after review, public hearing, and advisory recommendation
from the Plan Commission, provided a planned development district
is found to be in accordance with the purpose and intent of this chapter
and is further found not to be hazardous, harmful, offensive or otherwise
adverse to the environment or the value of the neighborhood or the
community. In the instance of the granting of a planned development
district, the Village Board in its findings shall further specify
the delimiting reasons or factors which resulted in approving the
PDD.
B.
GENERAL DEVELOPMENT PLAN
GROSS ACREAGE
HOMEOWNERS' ASSOCIATION
LAND DIVISION
LANDSCAPE FEATURES
NET ACREAGE
OPEN SPACE
(1)
(2)
(3)
PLAN COMMISSION
Definitions. For the purpose of this section, the following definitions
shall be used.
A map, delineating the features of a proposed planned development as described in Subsection F, submitted to the Village Board or the Plan Commission for preliminary consideration prior to the final development plan.
The acreage of the entire planned development district (PDD),
less the acreage devoted to streets, public or semipublic buildings,
kindergartens or day-care centers, and commercial uses.
A nonprofit corporation, membership in which is mandatory
for owners of PDD residences, and which is responsible for maintaining
common open space and private infrastructure, if any.
The division of a lot or a parcel of land for the purpose
of transfer of ownership or building development.
Natural features of the PDD site, including waterways, wetlands,
rock outcroppings, forest areas and significant wildlife habitat areas.
The acreage of the PDD devoted to residential use, including
residential building sites, private open space and driveways.
Land not covered by buildings or structures, except minor
recreational structures. Open space does not include streets, driveways,
parking lots, or loading areas. Landscaped roof areas devoted to recreational
or leisure-time activities, freely accessible to residents, may be
counted as open space at a value of 50% of actual roof area devoted
to these uses.
COMMON OPEN SPACEOpen space reserved primarily for the leisure and recreational use of all PDD residents and owned and maintained in common by them through a homeowners' association.
PRIVATE OPEN SPACEOpen space located immediately adjacent to an individual dwelling unit, owned and maintained by the owners of the dwelling unit, and reserved exclusively for the use of the residents of the dwelling unit.
PUBLIC OPEN SPACEOpen space designed primarily for use by residents of a PDD, dedicated in fee to a public agency and maintained by the agency.
The Village of Cambria Plan Commission.
C.
Preapplication conference.
(1)
Prior to filing an application for approval of a preliminary planned
development district, the developer shall consult with the Plan Commission
for advice and assistance for the purpose of determining land suitability
and reviewing the procedures and requirements of this chapter and
other ordinances and any plans or data which may affect the proposed
development.
(2)
All applications hereunder shall use the Environmental Assessment
Checklist, available from the Village Building Inspector, whether
or not a land division is proposed with the application.
(a)
Purpose. The purpose of the Environmental Assessment Checklist is to provide the basis for an orderly, systematic review of the effects of all planned development upon the land, community and environment in accordance with sound principles of land development. The procedures for this process, as well as the reasons for such review, are referenced in § 485-28.
(b)
Coverage. The Environmental Assessment Checklist shall apply
to all reviewable planned development districts.
D.
PDD application.
(1)
An owner may apply for re-zone into a PDD in any of the following
zones within the Village:
(a)
A-1 Agricultural and Residential District
(b)
R-1 Single-Family Residential District
(c)
R-2 Single- and Multiple-Family Residential District
(d)
R-3 Multiple-Family and Mobile Home Residential District
(e)
B-1 General Business District
(f)
I-1 Light Industrial District
(g)
I-2 General Industrial District
(h)
C-1 Conservancy District
(i)
P-1 Public and Quasi-Public District
(j)
PUD Planned Unit Development
(2)
The PDD may be applied through the procedures and requirements as
identified herein, provided that, if initiated by the owner or contract
purchasers of the subject property or their authorized representatives,
application for a zone change to apply the PDD must be in conjunction
with application for PDD general development plan approval.
(a)
All development in the PDD requires approval of a PDD general
development plan and final development plan as provided in this chapter.
E.
Criteria for zone change to apply PDD. The Village Board shall decide
an application to apply the PDD and shall approve the zone change
if it finds two or more of the following:
(1)
The subject property contains significant landscape features or open
space whose preservation requires a planned development district rather
than conventional lot-by-lot development.
(2)
Planned development district of the subject property will promote
increased energy conservation or use of renewable energy resources.
(3)
The subject property contains natural hazards, the avoidance of which
requires planned development of the property.
(4)
Planned development district of the subject property will produce
more efficient use of the land and provision of services than conventional
lot-by-lot development.
F.
PDD general development plan. Approval of a PDD general development
plan is a development request subject to this chapter. The submittal
packet shall contain all the following items prior to its acceptance
by the Building Inspector and/or the Village Board.
(1)
An application of PDD general development plan approval shall be
initiated as provided herein.
(2)
The PDD general development plan shall consist of the following:
(a)
Written documents containing the following information.
[1]
A legal description of the total site proposed for development,
including a statement of present and proposed ownership and present
and proposed zoning.
[2]
The names and addresses of all owners of adjacent property.
[3]
A statement of planned objectives to be achieved by the PDD
through the particular approach proposed by the applicant. This statement
should include a description of the character of the proposed development
and adjacent areas, discussion of how the proposed development will
relate to the natural environment and significant landscape features
of the site and adjacent areas, and the rationale behind the assumption
and choices made by the applicant.
[4]
A development schedule indicating the approximate date when
construction of stages of the PDD can by expected to begin and be
completed.
[5]
A statement of the applicant's intentions with regard to the
future selling or leasing of all or portions of the PDD, such as land
areas, dwelling units, etc.
[6]
Quantitative data for the following: total number and type of
dwelling units; parcel sizes; proposed lot coverage of buildings and
structures; approximate gross and net residential acreages; total
amounts of open space; amounts of private, common and public open
space; total area and types of nonresidential construction; economic
feasibility studies or market analysis where necessary.
(b)
Site plan and supporting maps. A site plan and any maps necessary
to show the major details of the proposed PDD, containing the following
minimum information:
[1]
The existing site conditions, including contours at vertical
intervals of not more than two feet where average slope is less than
10% or four feet where slope is 10% or greater. Elevations shall be
marked on such contours based upon USGS data where available and upon
the best available data in all other cases.
[2]
Proposed lot lines and layout design.
[3]
The location and floor area size of all existing and proposed
buildings, structures and other improvements, including maximum heights,
types of dwelling units, and nonresidential structures, including
commercial facilities.
[4]
A general signage plan for the project, including all project
identification signs and concepts for public fixtures and signs (such
as streetlight fixtures and/or poles or street sign faces and/or poles).
[5]
Architectural concept plan. An architectural concept plan prepared
in sufficient detail to show the mass, form, elevations, rooflines
and general architectural style of proposed buildings on the site
and their compatibility with nearby uses.
[6]
The location and size in acres or square feet of all areas to
be conveyed, dedicated or reserved as common public open spaces or
recreational areas, school sites and similar public and semipublic
uses.
[7]
The existing and proposed circulation system of arterial, collector
and local streets, including off-street parking areas, service areas,
loading areas, and major points of access to public rights-of-way.
[8]
Traffic circulation. The location and number of points of access
to the site, the interior circulation pattern of streets and pedestrianways,
the separation between pedestrians and moving and parked vehicles,
and the arrangement of parking areas in relation to buildings and
uses shall be designed to maximize safety and convenience and be compatible
with neighboring road systems, buildings and uses. The criteria that
shall be followed include:
[a]
Minimum number of conflict points between auto
traffic and pedestrian traffic to include the adequate design and
demarcation of the pedestrian walkways from parking or driveway areas.
Pedestrian walks shall not be obstructed by the storage, display or
sale of merchandise.
[b]
Service traffic separation from customer traffic.
For mall-type centers, service traffic shall be limited to specific
times of the day, such times to be reasonably determined by the Plan
Commission.
[c]
Frontage service drives may be required by the
Village Board if area traffic conditions warrant.
[9]
The existing and proposed pedestrian circulation system, including
its interrelationships with the vehicular circulation system indicating
proposed treatments of points of conflict.
[10]
The existing and proposed systems for providing
sewage disposal, water, electricity, gas, fire protection and telephone
services.
[11]
A general schematic landscape plan indicating
the technique and materials to be used for private, common and public
open spaces.
[12]
A preliminary subdivision or partition plan if
the land is to be divided.
[13]
Information on land areas adjacent to the proposed
PDD, including land uses, zoning classifications, densities, circulation
systems, public facilities, and significant landscape features, to
show the relationship between the proposed development and the adjacent
properties.
[14]
The proposed treatment of the perimeter of the
PDD, including materials and techniques to be used, such as screens,
fences and walls.
(c)
Architectural control. No building, fence, wall or structure
shall be commenced, erected or maintained upon any lot, nor shall
any exterior addition to, change or alteration thereof be made until
plans, material and location of the same have been submitted to and
approved in writing by the Commission or its designee.
(3)
The Village Board shall decide on the PDD general development plan
application as provided herein, and shall approve the general development
plan if it finds:
(a)
The proposed PDD is consistent with Comprehensive Plan goals, policies and map designations and with the purpose set forth in Subsection A of this section.
G.
Development standards for general development plan. A PDD general development plan shall be submitted at a scale not more than 200 feet to one inch and shall show all information required in Subsection F.
H.
Minimum site size. The PDD site must be of such a size that at least
four dwelling units would be permitted by the PDD.
I.
Permitted uses. The uses which may be permitted under a planned development
district include a mixture of uses, including any uses permitted under
the Village of Cambria Zoning Ordinance. Permitted uses may also include
any conditional uses authorized in any of the foregoing districts
under this chapter and compatible uses as determined by the Village
Board by approval of the final development plan. No use is permitted
as a matter of right in the PDD except as may be provided in an approved
final development plan.
J.
Residential density.
(1)
Basic allowable density. Unless an increase in density is allowed
by the Village Board, the number of dwelling units shall not exceed
the number that would be allowed on the gross acreage of the PDD if
dwelling units of the same type where built at the minimum lot sizes
specified by the zoning district.
(a)
Single-family residential. Single-family detached residential
development served by a public sanitary sewer system at densities
of between three and five dwelling units per acre. This category includes
stormwater management facilities and mini-parks to serve residential
development.
(b)
Two-family residential. Groupings of two or more duplexes and
attached single-family residences with individual entries (e.g., townhouses)
served by a public sanitary sewer service system.
(c)
Mixed residential. A variety of residential units, particularly
multiple-family housing (three-or-more-units buildings), at densities
averaging above eight dwelling units per acre and served by a public
sanitary sewer service system.
K.
Building spacing.
(1)
A general development plan shall provide for reasonable light, ventilation
and visual and acoustic privacy for residences and other structures.
Fences, insulation, walks, barriers and landscaping shall be used,
as appropriate, for the protection and aesthetic enhancement of property
and the privacy of its occupants, screening of objectionable views,
and reduction of noise. High-rise buildings shall be located within
a PDD in such a way as to avoid adverse impact on neighboring low-rise
buildings and shall not invade the privacy of the occupants of such
low-rise buildings.
L.
Open space.
(1)
Planned developments containing a residential component shall provide and maintain usable open space as shown on the approved site plan. Locations, shapes, sizes, and other characteristics of open spaces shall be consistent with their proposed uses and the purposes of the PDD. Otherwise, to meet the environmental design standards of Subsection M, common or public open spaces shall be distributed equitably throughout the PDD in relation to the dwelling units of the residents they are intended to serve.
(2)
Open spaces shall be suitably improved for the intended use. Open spaces containing significant landscape features may be left unimproved or may be improved to assure protection of the features, subject to requirements imposed by the Village Board pursuant to Subsection M.
(3)
The development schedule required by Subsection F shall provide for coordination of the improvement of open spaces with the construction of other proposed site improvements.
(4)
The Village Board shall require that the applicant assure permanent
common or public open space required by this section by the following
way:
(a)
By conveying the open space to a public agency which will agree
to maintain the open space and any buildings, structures or improvements
which have been placed on it.
M.
Environmental design.
(1)
General development plan shall provide, to the greatest extent possible,
for the preservation of significant landscape features, historic sites
and landmarks and for the integration of the proposed development
with the environmental characteristics of the site and adjacent areas.
The Village Board may require that significant landscape features
and historical sites be preserved as part of the common or public
open space of the project.
(2)
Excessive site clearing of topsoil, trees and natural features before
the commencement of construction operations shall be discouraged.
The Village Board may require the applicant to submit a grading plan,
detailing proposed excavation, earthmoving procedures, and other changes
to the landscape, in order to ensure preservation of the character
of the area to be retained in open space.
(3)
Sites for residential and nonresidential buildings shall be discouraged
in areas of natural hazards, such as floodplains, areas subject to
landslides, areas with average slopes greater than 20% and areas with
unstable soil formations. The Village discourages placement of new
buildings on hydric soils and on slopes between 12% and 20% where
other more appropriate sites are available.
(4)
The Village Board shall require that all floodplains be preserved
as permanent common or public open space and may require that other
natural hazard areas be included in the common or public open space
of the proposed development and be left unimproved or improved to
assure minimization of the hazard.
(5)
The Village Board shall require natural resources features to be
depicted on all site plans, preliminary plats and certified survey
maps, including wetlands, steep slopes, floodplains, drainageways,
wooded areas, and mature trees. Once identified, it shall establish
maximum clearance or removal standards for these features and require
on-site mitigation where those standards cannot be met. All manufactured
slopes shall be planted or otherwise protected from the effects of
storm runoff erosion and shall be of a character to cause the slope
to bend with the surrounding terrain and development. The applicant
shall provide maintenance of the planting until growth is established.
(6)
The Village Board shall utilize subdivision, zoning and official
mapping authority to protect environmental corridors within the Village
limits and extraterritorial areas.
(7)
The Village Board shall emphasize use of natural drainage patterns,
construction site erosion control, and ongoing stormwater management
measures that minimize pollution and control the quality, quantity
and temperature of water leaving any site.
N.
Emergency access. The configuration of buildings, driveways and other
improvements shall allow convenient and direct emergency vehicle access.
O.
Perimeter design.
(1)
The general development plan shall minimize adverse impacts of proposed
uses and structures in the PDD and existing and anticipated uses and
structures in the adjacent area.
(2)
If topographical or other barriers do not provide reasonable privacy
for existing uses adjacent to the development, the Village Board shall
require one or more of the following:
(a)
A special setback or setbacks of residential and nonresidential
structures shall be located on the perimeter.
(b)
Residential and nonresidential structures located on the perimeter
of the development shall be screened by fencing, landscaping or other
natural or man-made materials. Such amenities shall be shown on the
general development plan and approved by the Building Inspector or
Village Board.
P.
Development phasing. The applicant may provide in the general development
plan for development of the project in phases, if approved by the
Village Board.
Q.
Duration of PDD general development approval.
(1)
Preliminary PDD hearing. Upon receipt of the completed application,
the Building Inspector or the Village Board shall schedule the matter
for public hearing before the Plan Commission. Notice of the hearing
shall be given by publication of a Class 2 notice as provided in Ch.
985, Wis. Stats. The hearing may, at the request of the applicant,
be continued as necessary for the submission of additional information
or the revision of the application documents.
(a)
Public hearing. Notice of the time, place and purpose of such
public hearing shall also be sent to the applicant, the Building Inspector,
members of the Village Board and Plan Commission, and the owners of
record, as listed in the office of the Village Clerk/Treasurer, who
are owners of property in whole or in part situated within 500 feet
of the boundaries of the properties affected, said notice to be sent
at least 10 days prior to the date of such public hearings. Said notice
should be sent by first class mail with an affidavit of mailing to
the last known address of these persons as shown in the records of
the Village.
(2)
Plan Commission action. Within 60 days after the completion of the hearing, the Plan Commission shall make findings with regard to the standards set forth in Subsection F and forward a report to the Village Board with a recommendation to approve, approve with conditions, or reject the general development plan.
(3)
Board action on general development plan. Approval of the general
development plan by the Village Board shall constitute approval of
the general arrangement of the plan, the provisions submitted by the
applicant, and a waiver of those provisions of the general Zoning
Code which are set forth in the plan. Such approval shall become void
as to any lands for which a final development plan application is
not submitted, by the latest of:
(a)
One year from the date of approval of the general development
plan, unless the date is extended and written approval is provided
by the Village Board.
R.
PDD final development plan approval. If the final development plan complies with the approved general development plan except for changes required as a condition of such approval, and subject to approval of such changes, and if the Village Board approves all of the features as shown on the site plan required by Subsection F, the Village Board shall adopt an ordinance reclassifying the subject property to the PDD effective upon completion of the development in accordance with the final development plan and granting the applicant a conditional use permit authorizing the development in accordance with the plan. A representative of the Village Board shall deliver the recording and approved development plan and all ordinances, dedications, covenants and such other documents as may be required as a condition of the approval.
(1)
Final application submission. Fifteen copies of the final development
plan shall be filed with the Building Inspector. Such submissions
shall be accompanied by a fee and review escrow in accordance with
a fee schedule set by the Village Board. The final development plan
shall include the following.
S.
Expiration of final development plan approval. The applicant shall
conform to a development schedule in the final development plan approved
by the Village Board. If construction has not begun or an approved
use established within a period of three years from the approval of
the final planned development district, or if any improvement is not
completed within three years from the date set forth in the general
development plan, the conditional use permit shall expire and be void.
T.
Amendments to approved general and final development plans. Minor
changes from the approved development plan in the location, setting
and height of buildings and structures may be authorized by the Building
Inspector or Village Board without additional public hearing if required
by engineering or other circumstances not foreseen at the time a final
plan was approved. Changes must be recorded as amendments to the final
planned unit development in accordance with the same procedure as
required for the initial final plan approval.
U.
Granting of extensions. The Village Board may extend the period for
the beginning of construction and establishment of an approved use
or completion of a phase of development as provided in the development
schedule. If a final development plan lapses under the provision of
this section, the Building Inspector or the Village Board shall notify
the applicant of the lapse of permit, and the property owner shall
promptly cause the property to be brought into compliance with all
of the district regulations in effect prior to the approvals granted
pursuant to approval of the planned development district.
[Added 8-13-2001; amended 8-3-2004; 5-3-2010 by Ord. No.
10-02; 6-6-2022]
A.
Purpose and authority.
(1)
Purpose. The residents of the Village of Cambria 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 section is to institute
land use regulations and restrictions protecting the municipal water
supply of the Village of Cambria and to promote the public health,
safety and general welfare of the Village's residents.
(2)
Authority. Statutory authority of the Village to enact these regulations
was established by the Wisconsin Legislature in 1983, Wisconsin Act
410 (effective May 11, 1984), which specifically added groundwater
protection, in §§ 59.97(1)[1] and 62.23(7)(c), Wis. Stats., to the statutory authorization
for county and municipal planning and zoning to protect the public
health, safety and welfare. In addition, under § 62.23(7)(c),
Wis. Stats., the Village has the authority to enact this section,
effective in the incorporated areas of the Village, to encourage the
protection of groundwater resources.
[1]
Editor's Note: § 59.97(1) was renumbered effective
9-1-1996. See now § 59.69(1), Wis. Stats.
B.
Application of regulations. The regulations specified in this wellhead protection section shall apply to the incorporated areas of Cambria that lie within the recharge areas for municipal water supply wells as defined in § 485-43E, and are in addition to the requirements in the underlying zoning district, if any. If there is a conflict between this section and the Zoning Ordinance, the more restrictive provision shall apply.
C.
AQUIFER
CONDITIONAL USE
CONE OF DEPRESSION
DESIGN STANDARDS
FIVE-YEAR TIME OF TRAVEL
MUNICIPAL WATER SUPPLY
OPERATING STANDARDS
PERMITTED USE
PERSON
RECHARGE AREA
REGULATED SUBSTANCES
(1)
(2)
(3)
(4)
(5)
(6)
THIRTY-DAY TIME OF TRAVEL
WELL FIELD
Definitions. As used in this section, the following terms shall have
the meanings indicated:
A saturated, permeable geologic formation that contains and
will yield significant quantities of water.
Land use or development that either by design or operation
requires additional technical or regulatory review and permitting
in order to exist within defined areas of a wellhead protection district.
The area around a well in which the water level has been
lowered at least 1/10 of a foot by pumping of the well.
Regulations that apply to the development of structures and
infrastructure within a designated wellhead protection district.
The five-year time of travel is the recharge area upgradient
of the cone of depression, the outer boundary from which it is determined
or estimated that groundwater will take five years to reach a pumping
well.
The municipal water supply of the Village of Cambria.
Regulations that apply to land use activities/business practices
within a designated wellhead protection district.
Land use or development that by design or operation is allowed
without further technical or regulatory review within defined areas
of a wellhead protection district.
An individual, partnership, association, corporation, municipality
or state agency, or other legal entity.
The area which encompasses all areas or features that, by
surface infiltration of water that reaches the zone of saturation
of an aquifer, supplies groundwater to a well.
Chemicals and chemical mixtures that are health hazards,
except for products registered as pesticides under the Federal Insecticide,
Fungicide and Rodenticide Act (FIFRA).[2] Health hazards for chemicals and chemical mixtures are
typically identified on Material Safety Data Sheets (MSDS) available
from the substance manufacturer or supplier. Substances packaged for
consumption for humans or animals are not considered regulated substances.
regulated substances include:
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 Criteria
(Mandatory)."
Mixtures of chemicals which have been tested as a whole and
have been determined to be a health hazard.
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 1% or greater of the composition on a weight-per-unit
weight basis.
Mixtures of chemicals which include a carcinogen if the concentration
of the carcinogen in the mixture is 1/10 of 1% or greater of the composition
on a weight-per-unit weight basis.
Ingredients of mixtures prepared within the Groundwater Protection
Overlay District in cases where such ingredients are health hazards
but comprise more than 1/10 of 1% of the mixture on a weight-per-unit
weight basis if carcinogenic, or more than 1% of the mixture on a
weight-per-unit weight basis if non- carcinogenic.
Petroleum and nonsolid petroleum derivatives (except non-PCB
dielectric fluids used in equipment or for transmission of electric
power to homes and businesses).
The thirty-day time of travel is the recharge area upgradient
of a well, or its cone of depression, the outer boundary of which
it is determined or estimated that groundwater will take 30 days to
reach a pumping well.
A piece of land used primarily for the purpose of locating
wells to supply a municipal water system.
[2]
Editor's Note: See 7 U.S.C. § 136 et seq.
D.
Groundwater Technical Review Committee.
(1)
The Cambria Groundwater Technical Review Committee shall consist
of:
(2)
The purpose of the Cambria Groundwater Technical Review Committee
is to provide objective and scientific technical review of requests
for conditional use permits and to make recommendations to the Village
Board to grant or deny conditional use permits based upon the facts
discovered during review, to make recommendations on any and all provisions
placed on a conditional use permit, and to give advice on matters
concerning groundwater.
(3)
The Cambria Groundwater Technical Review Committee may retain a consultant
to assist in the review of requests for conditional use permits. Any
costs incurred as part of the conditional use permit application review
shall be reimbursed by the applicant.
E.
Groundwater Protection Overlay District. A Groundwater Protection
Overlay District may be created to institute land use regulations
and restrictions within a defined area which contributes water directly
to a municipal water supply and thus promotes public health, safety,
and welfare. The district is intended to protect the groundwater recharge
area for the existing or future municipal water supply from contamination.
F.
Supremacy of this district. The regulations of an overlay district
will apply in addition to all other regulations which occupy the same
geographic area. The provisions of any zoning districts that underlay
this overlay district will apply except when provisions of the Groundwater
Protection Overlay District are more stringent.
G.
Zones. The Groundwater Protection Overlay District is divided into
Zone 1 and Zone 2 as follows:
(1)
Zone 1 of Groundwater Protection Overlay District. Zone 1 is the
area of land which contributes water to the well in question, out
to a thirty-day time of travel to the well. Time of travel delineations
must be based on accepted hydrogeological research as outlined in
the State Wellhead Protection Program Plan for Public Water Utilities,
Appendix 2 with zone boundaries normalized to the nearest but most
restrictive road centerlines, railways, surface water features, and
the public land survey section lines, 1/2, 1/4, 1/8, or 1/16 section
lines.
(2)
Zone 2 of Groundwater Protection Overlay District. Zone 2 encompasses
the area of land which contributes water to the well starting at the
line which delineates the thirty-day time of travel and ends at the
line delineating the five-year time of travel to the well. Time of
travel delineations must be based on accepted hydrogeological research
as outlined in the State Wellhead Protection Program Plan for Public
Water Utilities, Appendix 2 with zone boundaries normalized to the
nearest but most restrictive road center lines, railways, surface
water features, and the public land survey section lines, 1/2, 1/4,
1/8, or 1/16 section lines.
H.
Groundwater Protection Overlay Districts boundaries.
(1)
The boundaries of the Groundwater Protection Overlay Districts shall
be shown on the Cambria Zoning Map. The locations and boundaries of
the zoning districts established by this section are set forth in
Figure 1, Groundwater Protection Zones, incorporated herein and hereby
made a part of this section. Said figures, together with everything
shown thereon and all amendments thereto, shall be as much a part
of this section as though fully set forth and described herein.[3]
[3]
Editor's Note: Figure 1 is included as an attachment to this chapter.
(2)
The wellhead protection zones for Well #4 (showing only Zone 1 lands)
and Well #5 (showing both Zone 1 and Zone 2 lands) are both delineated
on Figure 1. Determinations for sites/uses within the groundwater
protection area shall be made based on the most accurate parcel and
surveying data available. If a site is only partially within a zone,
it shall be construed as fully within the groundwater protection zone
in the most restrictive case.
I.
Permitted Uses.
(1)
The following permitted uses in Zone 1 are subject to the separation distance requirements (§ 485-43J), prohibited uses (§ 485-43K), and applicable design and operational standards (§ 485-43N):
(a)
Public and private parks, playgrounds and beaches, provided
there are no on-site wastewater disposal systems or holding tanks.
(b)
Wildlife and natural and woodland areas.
(c)
Biking, hiking, skiing, nature, equestrian and fitness trails.
(d)
Municipally sewered residential development.
(e)
Routine tillage, planting, and field management operations in
support of agricultural crop production, where nutrients from legume,
manure, and commercial sources are accounted for and credited toward
crop nutrient need. The combination of all nutrient sources applied
or available on individual fields may not exceed University of Wisconsin
soil test recommendations for that field.
(2)
The following permitted uses in Zone 2 are subject to the separation distance requirements (§ 485-43J), prohibited uses (§ 485-43K), and applicable design and operational standards (§ 485-43N):
(a)
All of the uses permitted in Zone 1.
(b)
Public parks, playgrounds and beaches, provided on-site wastewater
shall be discharged to a holding tank or municipal sewer.
(c)
Single-family residences on a minimum lot of 40,000 square feet
with a private on-site sewage treatment system receiving less than
8,000 gallons per day, which meets the county and state health standards
for the effluent, and is in conformance with Ch. SPS 382, Wis. Adm.
Code.
(d)
Residential use of aboveground LP gas tanks for heating, not
to exceed 1,000 gallons.
(e)
Commercial and industrial establishments that are municipally
sewered and whose aggregate use, storage, handling and/or production
of regulated substances does not exceed 20 gallons or 160 pounds at
any time.
(f)
A limited exclusion from the provision of § 485-43I(2)(d) is authorized for nonroutine maintenance or repair of property or equipment. The aggregate of regulated substances in use, storage, handling, and/or production may not exceed 50 gallons or 400 pounds at any time.
(g)
A limited exclusion from the provisions of § 485-43I(2)(d) is authorized for each medical and research laboratory use; provided, however, regulated substances shall be stored, handled or used in containers not to exceed five gallons or 40 pounds of each substance, and the aggregate inventory of regulated substances shall not exceed 250 gallons or 2,000 pounds.
(h)
A limited exclusion from the provisions of § 485-43I(2)(d) is authorized for regulated substances which are cleaning agents, provided such cleaning agents are packaged for personal or household use or are present in the same form and concentration as a product packaged for use by the general public, and provided the aggregate inventory of such cleaning agents shall not exceed 100 gallons or 800 pounds at any time. Citrus-based biodegradable cleaners are not considered a regulated substance. In no case shall regulated substances claimed under this exclusion include hydrocarbon or halogenated hydrocarbon solvents.
J.
Separation distance requirements.
(1)
The following separation distances, as specified in § NR
811.16, Wis. Adm. Code, shall be maintained:
(a)
Fifty feet between a well and storm sewer main.
(b)
Two hundred feet between a well and any sanitary sewer main,
sanitary sewer manhole, lift station or single-family residential
fuel oil tank. A lesser separation distance may be allowed for sanitary
sewer mains where the sanitary sewer main is constructed of water
main materials and joints and pressure tested in place to meet current
American Water Works Association (AWWA) C600 specifications. In no
case may the separation distance between a well and sanitary sewer
main be less than 50 feet.
(c)
Four hundred feet between a well and a septic tank or soil adsorption
unit receiving less than 8,000 gallons per day, a cemetery or a stormwater
drainage pond.
(d)
Six hundred feet between a well and any gasoline or fuel oil
storage tank installation that has received written approval from
the Wisconsin Department of Commerce (hereafter Commerce) or its designated
agent under § Comm 10.10, Wis. Adm. Code.[4]
[4]
Editor's Note: See now Ch. ATCP 93, Wis. Adm. Code.
(e)
One thousand feet between a well and land application of municipal,
commercial or industrial waste; boundaries of a land-spreading facility
for spreading of petroleum-contaminated soil regulated under Ch. NR
718, Wis. Adm. Code, while that facility is in operation; industrial,
commercial or municipal wastewater lagoons or storage structures;
manure stacks or storage structures; and septic tanks or soil-adsorption
units receiving 8,000 gallons per day or more.
(f)
One thousand two hundred feet between a well and any solid waste
storage, transportation, transfer, incineration, air curtain destructor,
processing, wood-burning, one-time disposal or small demolition facility;
sanitary landfill; any property with residual groundwater contamination
that exceeds Ch. NR 140, Wis. Adm. Code, enforcement standards that
is shown on the Department of Natural Resources' geographic information
system registry of closed remediation sites; coal storage area; salt
or deicing material storage area; gasoline or fuel oil storage tanks
that have not received written approval from Commerce or its designated
agent under § Comm 10.10, Wis. Adm. Code;[5] bulk fuel storage facilities; and pesticide or fertilizer
handling or storage facilities.
[5]
Editor's Note: See now Ch. ATCP 93, Wis. Adm. Code.
K.
Prohibited uses.
(1)
The following uses are prohibited in Zones 1 and 2:
(a)
Buried hydrocarbon, petroleum or hazardous chemical storage
tanks. (Hazardous chemicals are identified by OSHA criteria under
40 CFR Part 370.)
(b)
Cemeteries.
(c)
Chemical manufacturers (Standard Industrial Classification Major
Group 28).
(d)
Coal storage.
(e)
Dry cleaners.
(f)
Industrial lagoons and pits.
(g)
Landfills and any other solid waste facility, except post consumer
recycling.
(h)
Manure and animal waste storage except animal waste storage
facilities regulated by the county.
(i)
All mining, including sand and gravel pits.
(j)
Pesticide and fertilizer dealer, transfer or storage facilities.
(k)
Railroad yards and maintenance stations.
(l)
Rendering plants and slaughterhouses.
(m)
Salt or deicing material storage.
(n)
Salvage or junk yards.
(o)
Septage or sludge spreading, storage or treatment.
(p)
Septage, wastewater, or sewage lagoons.
(q)
Private on-site wastewater treatment systems or holding tanks
receiving 8,000 gallons per day or more.
(r)
Stockyards and feedlots.
(s)
Stormwater infiltration basins without pretreatment, including
vegetative filtration and/or temporary detention.
(t)
Motor vehicle services, including filling and service stations,
repair, renovation and body working.
(u)
Wood-preserving operations.
(2)
In Zone 1, the conditional uses of § 485-43M(2) are prohibited.
L.
Classification of use.
(1)
Classification of a use as being permitted, prohibited or conditional
shall be determined by an application submitted to the Village Clerk/Treasurer.
The application shall be in writing and shall describe in detail the
use, activities and structures proposed along with the quantities,
use of, storage and handling of all regulated substances. A scaled
site map showing all building and structure footprints, driveways,
loading docks, sidewalks, parking lots, storage yards and any other
information deemed necessary for determination. In case of question
as to the classification of a proposed use, the application shall
be forwarded to the Groundwater Technical Review Committee for determination
in accordance with the following procedure:
(a)
Application: The above-described application shall be submitted
to the Village Clerk/Treasurer. The application will be then forwarded
to the Groundwater Technical Review Committee, by the Committee Chair.
The Groundwater Technical Review Committee may request additional
information as deemed necessary to facilitate a determination.
(b)
Investigation: The Groundwater Technical Review Committee shall
make or have made such investigation in order to compare the nature
and characteristics of the proposed use with those that are permitted,
conditional or prohibited.
(c)
Determination: The Groundwater Technical Review Committee shall
determine the use as being permitted, prohibited or conditional. The
determination of the Groundwater Technical Review Committee shall
be rendered in writing within 60 days from receiving all requested
information and shall include findings supporting the conclusion.
M.
Conditional use permits.
(1)
Any person may request a conditional use permit for certain uses, activities and structures within Zone 2 of the Groundwater Protection Overlay District not prohibited in § 485-43K.
(2)
Use, storage handling or production processing of regulated substances
in excess of quantities outlined in § 2485-43I(2)(d) through
(g) may be Conditionally allowed in Zone 2 of the Groundwater Protection
Overlay District.
(3)
All requests for a conditional use permit shall be submitted in writing
to the Cambria Village Clerk/Treasurer for a review of permit application
materials. The request will then, if properly prepared, be forwarded
to the Village Planner, as the Chairperson of the Groundwater Technical
Review Committee, for inclusion on the agenda of the next Village
Board meeting. The conditional use permit application shall include:
(a)
A site plan map set showing all building and structure footprints, driveways, sidewalks, parking lots, stormwater management structures, groundwater monitoring wells, and two-foot ground elevation contours. The plan set should also include: building plans (must include floor plans of typical floors and denote all entrances, exits, loading docks, building service areas, etc.), storage areas for regulated substances, grading plans showing existing and proposed grades and contours, proposed surface water drainage patterns, catch basin and storm sewer locations, connections to existing utilities and a construction site erosion control plan. The site plan set shall be developed in accordance with the design standards established for the Wellhead Protection Overlay District as defined in § 485-43N.
(b)
An operational plan and/or other documentation which describes in detail the use, activities, and structures proposed. The operational plan shall be developed in accordance with the operational standards established for the Wellhead Protection Overlay District as defined in § 485-43N.
(c)
An environmental risk assessment report prepared by a licensed
environmental professional which details the risk to, and potential
impact of, the proposed use, activities, and structures on groundwater
quality.
(d)
An operational safety plan which details the operational procedures
for material processes and containment, best management practices,
stormwater runoff management, and groundwater monitoring as required.
(e)
A contingency plan which addresses in detail the actions that
will be taken should a contamination event caused by the proposed
use, activities, or structures occur.
(4)
The person making the request shall reimburse the Village for consultant
fees and Technical Review Committee expenses associated with this
review at the invoiced amount, plus administrative costs.
(5)
All conditional use permits granted shall be subject to provisions
that will include environmental and safety monitoring determined necessary
to afford adequate protection of the public water supply. These provisions
shall include, but not be limited to:
(a)
Provide current copies of all federal, state and local facility
operation approval or certificates and ongoing environmental monitoring
results to the Village.
(b)
Establish environmental or safety structures/monitoring to include
an operational safety plan, material processes and containment, operations
monitoring, best management practices, stormwater runoff management,
and groundwater monitoring.
(c)
Replace equipment or expand in a manner that improves the environmental
and safety technologies being utilized.
(d)
Prepare, file and maintain a current contingency plan which
details the response to any emergency which occurs at the facility,
including notifying municipal, county and state officials. Provide
a current copy to the Village.
(6)
The Cambria Village Board shall decide upon a request for a conditional use permit only after full consideration of the recommendations made by the Cambria Groundwater Technical Review Committee. Any provisions above and beyond those specified in Subsection M(5) herein that are recommended by the Cambria Groundwater Technical Review Committee may be applied to the granting of the conditional use permit by the Village Board.
(7)
The conditional use permit will become effective only after any costs
incurred during the conditional use permit application review are
satisfied by the applicant.
(8)
Conditional use permits are nontransferable. In a case of business
or property transfer, the new owner is responsible for applying for
a new conditional use permit subject to subs. 1-7 of this Section.
N.
design and operational standards.
(1)
The following design standards apply to permitted land use activities
within the Wellhead Protection District:
(a)
All parking lots exceeding eight stalls, all sump pumps and
all roof drains shall be connected to a storm sewer lateral or other
apparatus. Use of drywells or other subsurface drains is prohibited.
(b)
No more than 70% of a lot shall be covered by impervious surfaces
such as buildings or parking lots.
(c)
All parking lots shall be paved with asphalt or concrete.
(d)
All stormwater conveyances shall be via a swale lined with an
appropriate impervious material or a watertight storm sewer pipe.
(e)
All stormwater retention/infiltration ponds shall, at a minimum,
use a forebay design intended to maximize natural filtration. The
forebay designs shall include spill containment measures, initial
and secondary detainment weirs and/or outfall control valves.
(f)
Stormwater and sanitary sewer mains must meet separation distance requirements as defined in § 485-43J.
(g)
Sanitary sewer mains must be pressure tested in place to meet
current State of Wisconsin WDNR Technical Standards and Administrative
Codes.
(2)
The following design standards apply to conditional use activities
within Zone 2 of the Wellhead Protection District:
(a)
All design standards listed in § 485-43N(1).
(b)
Facilities that handle regulated substances shall have a minimum
of one loading/unloading area designated for the handling of regulated
substances. The designated loading/unloading area shall be designed
with spill and/or runoff containment that is connected to a municipal
sanitary sewer lateral. The loading/unloading area shall be designed
to minimize precipitation or stormwater run on from entering the sanitary
sewer. Regulated substances may be loaded/unloaded only in a designated
handling area.
(c)
Storage areas for regulated substances shall be designed with
secondary containment capable of controlling 125% of the maximum design
capacity of the liquid storage area.
(d)
Facilities involved in the handling of regulated substances
will, when determined necessary by the Committee, prepare a groundwater
monitoring plan.
(e)
All rail spurs used to transport regulated substances shall
be designed to minimize infiltration and convey runoff to a stormwater
conveyance system. Rail car loading/unloading areas used to handle
regulated substances shall be designed with spill and/or runoff containment
that is connected to a municipal sewer lateral. The loading/unloading
area shall be designed to minimize precipitation or stormwater run
on from entering the sanitary sewer.
(3)
The following operational standards apply to permitted land use activities
within the Wellhead Protection District:
(a)
No outdoor storage of product, material, or equipment other
than that approved through the conditional use permitting process
shall be allowed. Any designated outdoor storage area shall be an
impervious surface paved with concrete or asphalt and have secondary
containment when applicable.
(b)
Regulated substances associated with paving, the pouring of
concrete, or construction for which all necessary permits have been
obtained may be handled in the Groundwater Protection Overlay District,
provided such regulated substances are present at the construction
site for which the permits have been issued and do not pose a real
and present danger of contaminating surface water and/or groundwater.
For the on-site storage of fuel for vehicles or other equipment which
may be associated with such construction activity, the fuel storage
containers shall be secondarily contained. Regulated substances not
used in the construction process and all wastes generated during construction
shall be removed from the construction site not later than at the
time of the completion of the construction. If construction activity
has ceased for 30 days, all regulated substances shall be removed
from the site until such time as the construction activity is to resume.
(c)
The use of deicing salt or other chemical deicing materials
shall be minimized and used only when threats to safety occur.
(4)
The following operational standards apply to conditional use activities
within Zone 2 of the Wellhead Protection District:
(a)
All operational standards listed in § 485-43N(3).
(b)
Except in the case of seasonal discontinuation of operation,
the owner or operator of any nonresidential property that becomes
unoccupied or has discontinued operation for a period of 30 consecutive
days shall remove all regulated substances from the property, except
those approved to be exclusively used for heating, cooling, and providing
electrical lighting for the premises, within 30 days after the date
upon which the property initially became unoccupied or the operation
discontinued. The owner or operator shall secure the regulated substances
on the property until they have been removed. The owner or operator
shall notify the Village of Cambria Building Inspector in writing
of the date of the cessation of operation or the property becoming
unoccupied no later than the day upon which the operation actually
ceases or the property becomes unoccupied, and such notification shall
include the owner's name, phone number, and address and the operator's
name, phone number, and forwarding address.
(c)
Truck, truck trailer, rail car, or tank truck loading and unloading
procedures for regulated substances shall meet the minimum requirements
of the U.S. Department of Transportation (DOT) and Wisconsin DOT.
(d)
No truck, trailer, rail car, or tank truck shall be used for
on-site storage of regulated substances. Regulated substances shall
be transferred from the delivery vehicle to the regulated substance
storage area as soon as feasibly possible.
(e)
Loading and unloading procedures for regulated substances shall
occur in designated loading/unloading areas. Warning signs and chock
blocks shall be provided in the loading and unloading area to prevent
premature vehicular departure.
(f)
Daily visual inspections of regulated substances shall be conducted
to check for container damage or leakage, stained or discolored storage
surfaces in all storage areas, excessive accumulation of water in
outdoor curbed areas, and to ensure that dike drain valves are securely
closed in outdoor curbed areas.
(g)
Storage areas for regulated substances shall have access restricted
to properly authorized and trained personnel.
(h)
Companies shall provide adequate training to ensure that established
operational safety plans and contingency plans are understood by all
authorized personnel.
(i)
Companies using or producing regulated substances shall have
an adequate quantity of spill response equipment and supplies on-site
to contain and clean up spills of regulated substances.
(j)
Annual spill prevention briefings shall be provided to authorized
personnel by company management to ensure adequate understanding of
the operational safety and contingency plans. These briefings shall
highlight any past spill events or failures and recently developed
precautionary measures. Records of these briefings shall be kept for
documentation purposes.
(k)
Instructions and phone numbers for reporting spills to the Cambria
Fire Department and other local, state, and federal agencies shall
be posted in all areas where regulated substances are handled.
O.
Requirements for existing facilities.
(1)
Existing facilities within the Groundwater Protection Overlay District at the time of enactment of such district which use, store, handle, or produce regulated substances in excess of quantities outlined in § 485-43I(2)(d) through (g), and all other facilities which are considered a prohibited use in Prohibited uses, § 485-43K, or a conditional use in conditional use permits, § 485-43M, all of which are incorporated herein as if fully set forth, shall be subject to the following requirements.
(a)
Such facilities as defined in § 485-43O(1) which exist within the district at the time of enactment of a district shall provide copies of all current, revised or new federal, state and local facility operation approvals, permits or certificates; operational safety plans; and ongoing environmental monitoring results to the Village.
(b)
Such facilities as defined in § 485-43O(1) which exist within the district at the time of enactment of a district shall have the responsibility of devising, filing and maintaining, with the Village, a current contingency plan which details how they intend to respond to any emergency which may cause or threaten to cause environmental pollution that occurs at their facility, including notifying municipal, county and state officials.
(c)
Such facilities as defined in § 485-43O(1) cannot engage in or employ a use, activity, or structure listed in Prohibited uses, § 485-43K, or in Conditional uses, § 485-43M, which they did not engage in or employ at the time of enactment of a district, and can only expand, replace in kind or rebuild those present uses, activities, equipment, or structures on the site or property of record associated with the facility at the time of enactment of a district, and in a manner that improves the environmental and safety technologies already being utilized. No existing use, activity, or structure listed as a prohibited use or conditional use shall be expanded, replaced in kind, or rebuilt unless a conditional use permit is granted for such expansion, replacement, or rebuilding. This section does not apply to normal maintenance or minor repairs.
(d)
Such facilities as defined in § 485-43O(1) cannot change the quantity or type of regulated substances handled, used or stored by the facility at the time of enactment of a district unless a conditional use permit is granted for such change in quantity or type.
P.
Changing technology.
(1)
The uses prohibited by this district are prohibited based upon the
combined pollution experience of many individual uses, and the technology
generally employed by a particular use considered to be of a high
risk for pollution to the groundwater resource. As the technology
of other uses change to low or nonrisk materials or methods, upon
petition from such use, after conferring with the Groundwater Technical
Review Committee or other expert opinion, and after appropriate public
notice and hearing, the Village, through appropriate procedures and
actions to change these provisions of the Cambria Municipal Code,
may remove from the designated prohibited uses such uses as are demonstrated
convincingly that they no longer pose a groundwater pollution hazard.
(2)
In dealing with uses which attempt to become permissible, under the
terms of this district, by continuing to utilize pollutant materials
but altering their processing, storage and handling, it is not the
intention to accept alternate or reduced hazards as the basis for
making a use permissible. It is the intention to continue a prohibition
on such uses until the technology of the use removes reliance upon
the pollutant materials or processes deemed to be a groundwater hazard.
Q.
Enforcement and penalty.
(1)
Penalty. Any person who violates, neglects or refuses to comply with any of the provisions of this section shall be subject to a penalty as provided in § 1-5 of this Municipal Code.
(2)
Injunction. The Village of Cambria may, in addition to any other
remedy, seek an injunction or a restraining order against the party
alleged to have violated the provisions herein, the cost of which
shall be charged to the defendant in such action.
(3)
Notice of violation.
(a)
Any person found in violation of any provisions of this section
will 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 involved
at the tax-mailing address of the owner as shown on the county tax
record.
(4)
Inspections. Subject to applicable provisions of law, the Village of Cambria Inspector, Village Director of Public Works 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 section to ensure that activities are in accordance with the provisions of § 485-43I through O. Upon request of the entity which is the subject of the inspection, and if permitted by the State Public Records Law,[6] information obtained as a result of the inspection shall
be maintained as confidential. If the owner or tenant does not consent
to the entry of the appointed individual for the above-stated purposes,
the Village Board may apply to a court of competent jurisdiction for
an appropriate warrant or other authority to enter said property.
[6]
Editor's Note: See § 19.31 et seq., Wis. Stats.
(5)
Vandalism. No person shall maliciously, willfully, or negligently break, damage, destroy, uncover, deface, or tamper with any structure, appurtenance, property, or equipment which is a part of or used in conjunction with water facilities of the Village and/or any other protected public water supply, or which results in the violation of § 485-43I through O.
(6)
Subject area. The area subject to the provisions of this section is the Wellhead Protection Overlay District as shown on the official Zoning Map of the Village of Cambria and as legally described in § 485-43H.
(7)
Determination of applicability. It shall be the responsibility of any person owning real property and/or owning or operating a business within the Wellhead Protection District to make a determination of the applicability of § 485-43I through O as they pertain to the property and/or business, and failure to do so shall not excuse any violation of said subsections.
(8)
Management.
(a)
No persons shall place, deposit, or permit to be deposited,
store, process, use, produce, dispose of, transport, or discharge,
hereinafter referred to as "handle," any regulated substance on public
or private property within the Wellhead Protection District or in
any area under the jurisdiction of said Wellhead Protection District,
except as provided by law, statute, ordinance, rule or regulation.
(9)
Spills, leaks or discharges.
(a)
Any person with direct knowledge of a spill, leak or discharge
of a regulated substance within the Wellhead Protection District shall,
if such spill, leak or discharge escapes containment or contacts a
nonimpervious ground surface and is not immediately and completely
remediated, give notice to the Village of Cambria Fire Department
utilizing the countywide 911 service and the Director of Public Works
of the Village of Cambria, or the operator on duty at the affected
or potentially affected water treatment facility by telephone within
30 minutes. The notification shall include, at a minimum, the location
of the incident, name and telephone number of the contacting party,
date and time thereof, type of substance(s), concentration and volume,
and control or corrective action taken. Such notification shall in
no way alleviate other local, state, and federal reporting obligations.
(b)
Any entity or person who spills, leaks or discharges said substance(s)
shall be liable for any reasonable expense, loss or damages incurred
by the Village of Cambria in response to such an incident, in addition
to the amount of any fines imposed on account thereof under state
and federal law; said entity or person shall document and maintain
sufficient records so as to reflect accurately the circumstances related
to any such incident and develop and implement procedures to substantially
eliminate the likelihood of reoccurrence of such spills, leaks or
discharges as soon as practicable following the incident, but no later
than 180 days after the incident.
(10)
Cleanup costs. As a substitute for, and in addition to, any
other action, the Village of Cambria may commence legal action against
both the person who releases the contaminants and the owner of the
facility whereupon the contaminants were released to recover the costs,
together with the costs of prosecution. 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 of Cambria 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 employees, equipment, and mileage.
R.
conflict, interpretation and severability.
(1)
conflict and interpretation of provisions. If the provisions of the
different chapters of this Code conflict with or contravene each other,
the provisions of each chapter shall prevail as to all matters and
questions arising out of the subject matter of such chapter. In their
interpretation and application, the provisions of this section shall
be held to be the minimum and are not deemed a limitation or repeal
of any other power granted by the Wisconsin Statutes. Where any terms
or requirements of this section may be inconsistent or conflicting,
the most restrictive requirements or interpretations shall apply.
(2)
Severability of Code provisions. If any section, subsection, sentence,
clause or phrase of the Code is for any reason held to be invalid
or unconstitutional by reason of any decision of any court of competent
jurisdiction, such decision shall not affect the validity of any other
section, subsection, sentence, clause or phrase or portion thereof.
The Village Board hereby declares that they would have passed this
Code and each section, subsection, sentence, clause, phrase or portion
thereof irrespective of the fact that any one or more sections, subsections,
sentences, clauses, phrases or portions may be declared invalid or
unconstitutional.
