Village of Belleville, WI Zoning Districts

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 615-14 Zoning Map; district boundaries.

Zoning Map. The boundaries of the districts enumerated in § 615-13 above are hereby established as shown on a map titled "Zoning Map, Village of Belleville, Wisconsin," dated April 3, 1989, which is adopted by reference and made a part hereof. The map shall bear upon its face the attestation of the Village President and the Village Clerk/Treasurer and shall be available to the public in the office of the Village Clerk/Treasurer. Changes to the districts subsequent to April 3, 1989, shall not be effective until entered and attested on this certified copy.

Boundary lines. The boundaries shall be construed to follow corporate limits, U.S. Public Land Survey lines, lot or property lines, center lines of streets, highways, alleys, easements and railroad rights-of-way, or such lines extended, unless otherwise noted on the Zoning Map.

Vacation. Vacation of public streets and alleys shall cause the land vacated to be automatically placed in the same district as the abutting side to which the vacated land reverts.

Annexations and consolidations. Annexations to or consolidations with the Village subsequent to the effective date of this chapter shall be placed in the R-D Rural. Development District, unless the annexation ordinance temporarily places the land in another district. Within one year, the Plan Commission shall evaluate and recommend a permanent district classification to the Village Board.

Amendments to map. Since April 3, 1989, the Zoning Map has been amended by ordinance as shown on the Official Map.

§ 615-15 Purpose of district regulations.

[Amended by Ord. No. 2004-04-01]

The district regulations are intended to govern the location, intensity and method of development. The regulations of each district are designed to provide protection of the character of existing development while allowing new growth in accordance with specific development standards and objectives. Public utility services are required as a prerequisite to development in all districts within the Village of Belleville.

R-SL Single-Family Residential Low-Density District. The R-SL District is intended to provide a quiet, pleasant and relatively spacious living area protected from traffic hazards and the intrusion of incompatible land uses.

R-SM Single-Family Residential Medium-Density District. The R-SM District is intended to provide for low- to medium-density development with an emphasis on conventional-sized single-family residential lots. This district is also intended to provide for the infill of vacant parcels which have been bypassed by development.

R-SH Single-Family Residential High-Density District. The R-SH District is intended to provide for medium-density development with an emphasis on traditional-sized single-family residential lots. This district is also intended to provide for alternative residential development types.

R-T Two-Family Residential District. The R-T District is intended to provide for medium- to high-density development with an emphasis on single-family attached and two-family residential uses. This district is also intended to provide for alternative residential development types.

R-M Multifamily Residential District. The R-M District is intended to provide for medium- to high-density development with an emphasis on single-family attached and multifamily residential uses. This district is also intended to provide for further alternative residential development types.[1]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

B-G General Business District. The B-G District is intended to provide an area for business and commercial needs of the community, especially those which can be most suitably located in a compact and clustered business district.

B-H Highway Business District. The B-H District is intended to provide an area for those business and commercial activities which are oriented to highway transportation or to meet the needs of business, which cannot successfully operate in the downtown area.

B-P Business Park District. The B-P District is intended to provide an attractive working environment in a park-like setting and conducive to the development and protection of offices, non-nuisance-type manufacturing operations, laboratories and business and technical services.

I Industrial District. The I District is intended to provide an area for manufacturing and industrial activities. It is also an area for a variety of uses which require relatively large installations, facilities or land areas, which tend to create undesirable conditions, and which require special safeguards.

R-D Rural Development District. The R-D District is intended to provide for the continuation of general farming and related uses in those areas of the Village that are not yet committed to urban development. It is further intended for this district to protect lands from urban development until their orderly transition into urban-oriented districts is required.

C Conservancy District. The C District is intended to preserve the natural state of scenic areas in the Village and to prevent the uncontrolled, uneconomical spread of development and to minimize the development of marginal lands to prevent hazards to the public.

R-MH Manufactured Home District. The R-MH District is intended to provide for the placement of manufactured homes in medium- to high-density areas which also permit small-lot single-family residential development.

P-G Public Grounds District. The P-G District is intended for those areas owned and/or used exclusively by governmental institutions or agencies and/or exclusively for public purposes.

P-R Public Recreation District. The P-R District is intended to provide for areas which have been dedicated to the Village for public parks or which are otherwise owned by the Village and used specially as a park or recreation area or appropriate areas for commercially operated recreational uses of land.

R-E Elderly Residential District. The R-E District is intended to provide for medium- to high-density areas which are suitable for elderly persons in specifically designed dwellings, pursuant to state and federal regulations.

Historic Preservation District (overlay). The purpose of this district is the protection, enhancement and perpetuation of built improvements, landscapes or sites of special character or special architectural, archaeological or historic interest or value in geographic areas designated as historic districts in compliance with Chapter 304, Historic Preservation, of this Code.

Permitted uses. The standards of the underlying district shall apply to all permitted uses, subject to compliance with the provisions of Chapter 304 of this Code and the historic preservation plan for the historic district on file with the Village Clerk/Treasurer.

Conditional uses. The standards of the underlying district shall apply to all conditional uses, subject to compliance with the provisions of Chapter 304 of this Code and the historic preservation plan for the historic district on file with the Village Clerk/Treasurer.

Downtown Design Standards District (overlay). The purpose of this district is the improvement and protection of the appearance, value and function of commercial and civic property in the downtown area. The standards and the procedures for enforcement of those standards are described in the Belleville Downtown Design Standards Manual, dated March 9, 2009, which is on file with the Village Clerk/Treasurer.

[Added 4-20-2009 by Ord. No. 2009-04-03]

§ 615-16 Permitted and conditional uses; lot, building and yard requirements.

Permitted and conditional uses. See Table 1, Permitted and Conditional Uses: Residential Districts, and Table 2, Permitted and Conditional Uses: Nonresidential Districts, included at the end of this chapter.

Lot, building and yard requirements. See Table 3, Lot, Building and Yard Requirements: Residential, and Table 4, Lot, Building and Yard Requirements: Nonresidential, included at the end of this chapter.

§ 615-17 Conservancy District.

Purpose. This district is intended to preserve the natural state of scenic areas in the Village and to prevent the uncontrolled, uneconomical spread of residential or other development and to help discourage intensive development of marginal lands so as to prevent hazards to public and private property.

Permitted uses. The following uses of land are permitted in the Conservancy District, except as may be prohibited within a federal floodplain area:

Harvesting of wild crops, such as wild rice, marsh hay, ferns, moss, berries, tree fruits and tree seeds.

Forestry and the management of forests.

Wildlife preserves.

The management of wildlife, including waterfowl, fish and other similar lowland animals, and nonresidential buildings used solely in conjunction with such activities.

Fishing.

Public and private parks, picnic areas and similar uses.

Hiking trails and bridle paths.

Preservation of areas of scenic, historic or scientific value.

Uses similar and customarily incident to any of the above uses.

Conditional uses. The following are permitted as conditional uses in the Conservancy District:

Dams, flowages, ponds, and water storage and water pumping facilities.

Power plants deriving their power from the flow of water and transmission lines and other facilities accessory thereto.

Utilities such as but not restricted to telephone, telegraph, power or other transmission lines.

Piers, docks and boathouses.

Relocation of any watercourse.

Filling, drainage or dredging of wetlands, provided that this shall conform to any shoreland zoning ordinance enacted pursuant to § 59.692, Wis. Stats.[1]

Editor's Note: See Ch. 592, Shoreland-Wetland Zoning.

Removal of topsoil or peat.

Cranberry bogs.

Camping grounds open to the public.

(10)

Golf courses open to the public.

(11)

Agricultural and animal husbandry.

Lot, yard and building requirements. There are no setback, lot size, or other dimensional standards applicable in the Conservancy District.

§ 615-18 Planned Unit Development District.

[Added 7-20-2009 by Ord. No. 2009-07-01]

Intent. The Planned Unit Development (PUD) District is intended to permit developments that will, over a period of time, be enhanced by coordinated site planning, diversified location of structures and/or mixing of compatible uses. Such developments are intended to provide a safe and efficient system for pedestrian and vehicle traffic; to provide attractive recreation and open spaces as integral parts of the developments; to enable economic design in the location of public and private utilities and community facilities; and to ensure adequate standards of construction and planning. The PUD shall allow for flexibility of overall development design, with benefits from such design flexibility intended to be derived by both the developer and the community, while at the same time maintaining, insofar as possible, the land use density and other standards or use requirements as set forth in the underlying zoning district.

General requirements.

Minimum total area requirements. Areas designated as PUDs shall contain a minimum total development area as follows:

Residential PUD: three acres.

Industrial PUD: 19 acres.

Mixed-use PUD: five acres.

Infill PUD: one acre.

Commercial PUD: five acres.

Permitted uses. Any use permitted in any of the other districts of this chapter may be permitted in the PUD District, subject to the criteria as established in this section and provided that such uses are in conformity with the approved and recorded general development plan.

Conditional uses. Any use allowed as a conditional use in any of the other districts in this chapter may be allowed in the PUD District, subject to the criteria as established in this section and provided that such uses and any conditions or requirements attached to such uses are in conformity with the approved and recorded general development plan.

Height, area and setback requirements. Except as provided in Subsection B(6), there shall be no predetermined specific lot area, lot width, floor area ratio, or yard and usable open space requirements. Such requirements shall be made a part of an approved and recorded specific implementation plan and shall be, along with the recorded plan itself, construed to be and enforced as part of this section.

Parking requirements. Off-street parking facilities shall be as provided under this chapter. Such requirements shall be made a part of an approved and recorded specific implementation plan and shall be, along with the recorded plan itself, construed to be and enforced as part of this section.

Adjacent properties. Properties bordering a PUD District shall be protected by setbacks, buffers or other methods.

Consistency with plans. A PUD shall be consistent in all respects with the expressed intent and spirit of this chapter, shall conform to the Village's Comprehensive Plan, and shall not be contrary to the general welfare and economic prosperity of the community.

Procedural requirements.

Pre-petition conference. Prior to the official submission of the petition for the approval of a PUD District, the owner or the owner's agent shall meet with the Village Clerk/Treasurer or his/her designee to discuss the scope and proposed nature of the contemplated development.

Petition for rezoning approval. Following the pre-petition conference, the owner or the owner's agent shall file a petition with the Village Clerk/Treasurer or his/her designee for approval of a zoning change to the PUD District. At the time the applicant files the petition, the applicant shall pay a deposit in an amount to be set by resolution of the Village Board to be drawn upon in the event that the fees and costs incurred by the Village in reviewing and processing the petition are not timely paid by the applicant. The owner shall also execute an agreement requiring the owner to reimburse the Village for costs incurred by outside consultants as part of the PUD District review process. The procedure for rezoning to a PUD District shall be as required for any other zoning district change as set forth under Article XIII of this chapter, except that, in addition thereto, the following information shall be filed by the applicant with the Village Clerk/Treasurer with the petition for rezoning:

Informational statement. A petition for a zoning change to the PUD District shall be accompanied by an informational statement that includes the following information:

A description of how the proposed PUD complies with the Village's Comprehensive Plan.

A description identifying the general character of and uses to be included in the proposed PUD.

[3]

Total area to be included in the PUD, area of open space, residential density, proposed number and type of dwelling units, projected population, availability of or requirements for municipal services and other similar data pertinent to a comprehensive evaluation of the proposed development.

[4]

A general summary of the estimated value of structures and site improvement costs, including landscaping and special features.

[5]

A general outline of the organizational structure of a property owners' or management association which may be proposed to be established for the purpose of providing any necessary private services.

[6]

Any proposed departures from the standards of development as set forth in this chapter, other Village regulations or administrative rules, or other universal guidelines.

[7]

The expected date of commencement of physical development as set forth in the proposal and also an outline of any development staging which is planned.

General development plan. A petition for a zoning change to the PUD District shall be accompanied by a general development plan which shall include the following information:

A legal description of the boundaries of the subject property included in the proposed PUD and its relationship to surrounding properties.

The location of public and private roads, driveways, sidewalks and parking facilities.

[3]

The size, arrangement, and location of any individual building sites and proposed building groups on each individual site.

[4]

The location of institutional, recreational and open space areas and areas reserved or dedicated for public uses, including schools, parks, and drainageways.

[5]

The type, size and location of all structures.

[6]

General landscape treatment.

[7]

The existing and proposed location of public sanitary sewer, water supply facilities, and stormwater facilities.

[8]

The existing and proposed location of all private utilities or other easements.

[9]

Characteristics of soils related to contemplated specific uses.

[10]

Existing topography on the site with contours at no greater than two-foot intervals.

[11]

A plan showing how the entire development can be further subdivided in the future.

[12]

Anticipated uses of land within 600 feet of the proposed PUD in regard to roads, surface water drainage, zoning and compatibility with adjacent land uses.

[13]

Appropriate statistical data on the size of the development, ratio of various land uses, percentages of multifamily units by number of bedrooms, economic analysis of the development, expected staging, and other plans pertinent to evaluation by the Village.

[14]

Any other information the Plan Commission deems relevant for determining whether to grant or deny the rezoning request.

Action on submittals.

The Village Clerk/Treasurer shall provide the rezoning petition, informational statement and general development plan to the Plan Commission for review and action. If the rezoning petition, informational statement or general development plan does not substantially comply with the requirements set forth in Subsection C(2), the Plan Commission shall notify the applicant of the deficiencies. The applicant may:

Treat such notification as denial of the approval.

Resubmit the deficient submittal within 30 days so that it complies with the requirements set forth in Subsection C(2).

Within 45 days of receiving a complete and sufficient rezoning petition, informational statement and general development plan, the Plan Commission shall forward to the Village Board its written report recommending that the documents be approved, disapproved or approved with conditions and giving the reason(s) for its recommendations.

Within 30 days after the receipt of the Plan Commission report, the Village Board shall either:

Refer the rezoning petition, informational statement or general development plan back to the Plan Commission for further reports, which referral shall contain the written reasons supporting the Village Board's determination; or

Approve, reject or approve with conditions the rezoning request and general development plan.

Upon final approval of the general development plan and adoption of a zoning change to the PUD District by the Village Board, the general development plan, as approved, shall be recorded by the owner or the owner's agent within 10 days in the office of the County Register of Deeds. Detailed construction and engineering plans need not necessarily be completed at the time the zoning is approved, but the approval and recording of such plans shall be conditioned upon the subsequent submittal, approval, and recording of more specific and detailed plans as the development progresses.

Specific implementation plan.

Submittal. Within 12 months of approval of the general development plan and the zoning change to the PUD District, the applicant shall file a specific implementation plan with the Village Clerk/Treasurer. Unless and until a specific implementation plan has been approved by the Village Board and recorded pursuant to Subsection D(3)(e) below, no building permit shall be issued for any construction within the PUD District. Specific implementation plans shall include the following information:

A precise description of the type, number and size of dwelling units; a description of the type and amount of square feet devoted to commercial or industrial uses; the estimated number of employees; and character and volume of truck and automobile traffic generated from the site.

A detailed site plan of the development showing the location of all buildings, pavement areas, signs, and outdoor lighting.

A final plat of the entire development area showing detailed lot layout and the intended use of each lot or parcel of land, public dedications, public and private streets, driveways, walkways, and parking facilities.

A detailed landscape plan showing the location and treatment of open space areas and recreational or other special amenities and the location, species, and size of landscape material.

Architectural drawings and sketches illustrating the design and character of proposed structures, including elevation drawings of all principal buildings, with particular attention to their influence on adjoining parcels of land, including the casting of unbroken shadows. In residential PUDs with single-family homes, the Plan Commission may approve site and architectural design guidelines contained within a declaration of covenants, deed restrictions, or other similar document in lieu of reviewing the plans for each individual single-family residence.

(f)

Location of all utility installations.

(g)

A detailed grading plan.

(h)

Stormwater management plan.

(i)

A development schedule indicating:

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

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

[3]

The anticipated rate of development.

[4]

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

[5]

The area and location of common open space that will be provided in each stage.

(j)

Agreements, bylaws, provisions, or covenants that govern the organizational structure, use, maintenance and continued protection of the PUD and any of its common services, open areas or other facilities.

(k)

Any other plans, documents or schedules required by the Plan Commission or Village Board.

Phasing. If the specific implementation plan is to be executed in phases, each phase shall be submitted in accordance with Subsection C.

Action on specific implementation plan.

If the specific implementation plan as submitted is not in substantial compliance with the general development plan, the Plan Commission shall notify the applicant regarding the aspects of the plan that are not in compliance. The applicant may:

Treat such notification as denial of the final approval.

Resubmit his/her specific implementation plan within 30 days so that it complies with the general development plan.

Within 45 days of receiving a complete and sufficient specific implementation plan, the Plan Commission shall forward to the Village Board its written report recommending that the plan be approved, disapproved or approved with conditions and giving the reason(s) for its recommendations.

Within 30 days after the receipt of the Plan Commission report, the Village Board shall either:

Refer the plan back to the Plan Commission for further reports, which referral shall contain the written reasons supporting the Village Board's determination; or

Approve, reject or approve with conditions the specific implementation plan.

If the specific implementation plan, or any section thereof, is given final approval and the applicant abandons the plan, or any section thereof, that has been finally approved and notifies the Village Board in writing of such abandonment, or if the applicant fails to commence the PUD with 18 months after final approval of the specific implementation plan, such final approval of the specific implementation plan shall terminate and be deemed null and void. The parcel shall revert to its pre-PUD application zoning classification.

Upon approval of the specific implementation plan, the applicant shall record the following in the office of the County Register of Deeds within 60 days of approval:

The building, site and operational plans for the development as approved.

All other commitments and contractual agreements with the Village offered and required with regard to project value, character and other factors pertinent to an assurance that the proposed development will be carried out as presented in the specific implementation plan.

Criteria for approval. As a basis for determining the acceptability of a PUD District application, the following review criteria shall be applied to the application, with specific consideration given to whether or not it is consistent with the spirit and intent of this chapter, whether or not it is consistent with the policies of the Village's Comprehensive Plan, whether or not it has been prepared with professional advice and guidance, and whether or not it produces significant benefits in terms of environmental design:

Character and integrity of land use. The uses proposed and their intensity and arrangement on the site shall be of a visual and operational character which:

Is compatible with the physical nature of the site, with particular concern for preservation of natural features, tree growth and open space.

Would produce an attractive environment of sustained aesthetic and ecological desirability, economic stability, and functional practicality compatible with the general development plans for the area as established by the community.

Would not adversely affect the anticipated provision for school or other municipal services.

Would not create a traffic or parking demand incompatible with the existing or proposed facilities to serve it.

Economic feasibility and impact. The proponents of a PUD District application shall provide evidence satisfactory to the Plan Commission and Village Board of its economic feasibility and of available adequate financing and that it would not adversely affect the economic prosperity of the Village or the values of surrounding properties.

Engineering design standards. The width of street rights-of-way, width and location of street or other paving, outdoor lighting, location of sewer lines and waterlines, provision for stormwater drainage or other similar environmental engineering considerations shall be based on 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.

Preservation and maintenance of open space. Adequate provisions shall be made for the permanent preservation and maintenance of common open space either by private reservation or dedication to the public.

For 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 restricting the area against any future building or use except as consistent with that of providing landscaped open space for the aesthetic and recreational satisfaction of the PUD and surrounding residences. Buildings or uses for noncommercial, recreational, or cultural purposes compatible with the open space objectives may be permitted only where specifically authorized as part of the general development plan or, subsequently, with the express approval of the Village Board following approval of building, site, and operational plans by the Plan Commission.

The care and maintenance of such open space reservations shall be assured by establishment of an appropriate management organization for the PUD. The manner of assuring 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.

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

Implementation schedule. The proponents of a PUD 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 will be brought to completion in a manner that does not result in an adverse effect upon the community as a result of termination at that point. The Plan Commission and Village Board, in making their respective recommendation and determination, shall consider the reasonableness of the proposed construction schedule and any staging plan for the physical development of the proposed PUD, commencement of the physical development within one year of approval being deemed reasonable.

Residential PUD considerations. The Plan Commission and Village Board, in making their respective recommendation and determination as to a proposed residential PUD, shall further consider whether:

Such development will create an attractive residential environment of sustained desirability and economic stability, including structures in relation to terrain, consideration of safe pedestrian flow, ready access to recreation space, and coordination with overall plans for the community.

The total net residential density within the PUD will be compatible with the Village Comprehensive Plan, and shall be compatible with the density of the neighborhood wherein located.

Structure types will be generally compatible with other structural types permitted in the neighborhood.

Provision has been made for the installation of adequate public facilities and the continuing maintenance and operation of such facilities if privately owned.

Provision has been made for adequate, continuing fire and police protection.

(f)

The population density of the development will not have an adverse effect upon the community's capacity to provide needed school or municipal service facilities.[1]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

(g)

Adequate guarantee is provided for permanent preservation of open space areas as shown on the general development plan either by private reservation and maintenance or by dedication to the public.

Commercial PUD considerations. The Plan Commission and Village Board, in making their respective recommendation and determination as to a proposed commercial PUD, shall further consider whether:

The economic practicality of the proposed development can be justified.

The proposed development will be served by off-street parking and truck service facilities in accordance with this chapter.

The proposed development shall be adequately provided with and shall not impose any undue burden on public services and facilities, such as fire and police protection, street maintenance, water, sanitary sewer and stormwater drainage, and maintenance of public areas.

The locations of entrances and exits have been designated to prevent unnecessary interference with the safe and efficient movement of traffic on surrounding streets and the development will not create any adverse effect upon the general traffic pattern of the surrounding neighborhood.

The architectural design, landscaping, control of lighting and general site development will result in an attractive and harmonious service area compatible with and not adversely affecting the property values of the surrounding neighborhood.

Industrial PUD considerations. The Plan Commission and Village Board, in making their respective recommendation and determination as to a proposed industrial PUD, shall further consider whether:

The operational character and physical plant arrangement of buildings will be compatible with the latest in performance standards and industrial development design and will not result in an adverse effect upon the property values of the surrounding neighborhood.

The proposed development will include provision for off-street parking and truck service areas in accordance with this chapter and will be adequately served by easy-access rail or arterial highway facilities.

The proposed development is properly related to the total transportation system of the community and will not result in an adverse effect on the safety and efficiency of the public streets.

Mixed-use PUD considerations. The Plan Commission and Village Board, in making their respective recommendation and determination as to a proposed mixed-use PUD, shall further consider whether:

The proposed mixture of uses results in a unified composite which is compatible with the surrounding neighborhood.

The various types of uses conform to the general requirements as set forth in this chapter applicable to projects of such use and character.

Development agreement. Before any building permit shall be issued, the applicant and/or the owner shall enter into an appropriate contract with the Village to guarantee the implementation of the PUD according to the terms and conditions established as a part of the general development plan and the specific implementation plan. The Village shall have the right, if deemed appropriate, to require the inclusion of performance bonds or other security deemed satisfactory to the Village Attorney.

Amendment of general development plan or specific implementation plan. Under this section, any subsequent change of use of any lot or parcel of land or addition or modification of the general development plan or specific implementation plan shall first be submitted for approval to the Plan Commission, and if in the opinion of the Plan Commission such change or modification constitutes a substantial alteration of the original plans, the procedures described in this section shall be required before the use is changed or the plans modified.

§ 615-18.1 Groundwater Protection Overlay District.

[Added 12-16-2019 by Ord. No. 2019-12-01]

Purpose. The residents of the Village of Belleville 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 section is to establish a Groundwater Protection Overlay District to institute land use regulations and restrictions within a defined area which contributes water directly to the municipal water supply providing protection for the aquifer and municipal water supply of the Village of Belleville and promoting the public health, safety and general welfare of Village residents.

Authority. Statutory authority of the Village to enact this section was established by the Wisconsin Legislature in 1983, Wisconsin Act 410 (effective May 11, 1984), which specifically added groundwater protection, in §§ 59.97(1) [which has since been renumbered as § 59.69(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, pursuant to §§ 62.23(7)(c) and 61.35, 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.

Application. The regulations specified in this Wellhead Protection Ordinance shall apply within the area surrounding each municipal water supply well that has been designated as a "wellhead protection area" by the Village in the most recent and up-to-date wellhead protection plan, 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.

Groundwater Protection Overlay District. The location and boundaries of the zoning districts established by this chapter are set forth in the Village of Belleville's most recent and up-to-date wellhead protection plan on the map titled "Wellhead Protection Area" (on file in the Village of Belleville office) 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 chapter as though fully set forth and described herein. This section thus promotes public health, safety, and welfare. The Groundwater Protection Overlay District is intended to protect the groundwater recharge area for the water supply from contamination. Note: Wellhead protection areas are derived from hydrologic studies and are based on the area surrounding a well where groundwater takes five years or less to travel from the land surface to the pumping well.

Permitted uses. The following uses are permitted in the Groundwater Protection Overlay District subject to the separation distances in Subsection H:

Parks, playgrounds or wildlife areas, provided there is no on-site waste disposal or fuel storage tank facilities associated with this use.

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

Residential, commercial and industrial establishments that are municipally sewered and whose aggregate use, storage, handling and/or production of hazardous chemicals may not exceed 20 gallons or 160 pounds at any time, with the exception for those uses listed as "conditional" or "prohibited" in Subsection F or G. [Hazardous chemicals are identified by OSHA under 29 CFR 1910.1200(c) and by OSHA under 40 CFR Part 370.]

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.

Conditional uses. The following uses may be conditionally permitted under Article IV, Conditional Uses, in the Groundwater Protection Overlay District, subject to the separation distances in Subsection H, Separation distances:

Hydrocarbon, petroleum or hazardous chemical storage tanks.

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

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

Stormwater infiltration basins.

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

Prohibited uses. The following uses are prohibited in the Groundwater Protection Overlay District.

Animal waste storage areas and facilities.

Application of fertilizer to manicured lawns or grasses in excess of the nutrient requirements of the grass.

Asphalt product manufacturing plants.

Dry-cleaning establishments.

Fertilizer manufacturing or storage facilities.

Foundries and forge plants.

Hazardous chemical processing or manufacturing facilities.

Industrial liquid waste storage areas.

Landfills or other areas for dumping, disposal or transferring of garbage, refuse, recycling, trash, or demolition material, including auto salvage operations.

(10)

Metal reduction or refinement facilities.

(11)

Mining operations, including metallic, gravel pits, industrial or frac-sand mining.

(12)

Motor freight terminals.

(13)

Petroleum or hazardous chemical storage greater than 110 gallons in any single-wall petroleum storage tank (double-wall storage tank installations shall meet the requirements of § ATCP 93.260, Wis. Adm. Code, and receive written approval from the Department of Safety and Professional Services or its designated local program operator under § ATCP 93.110 Wis. Adm. Code).

(14)

Road salt or de-icing material storage areas.

Separation distances. The following separation distances as specified in § NR 811.12(5), Wis. Adm. Code, shall be maintained within the Groundwater Protection Overlay District:

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 aboveground storage tank with continuous electronic interstitial leakage monitoring. These facilities shall meet the installation requirements of § ATCP 93.260, Wis. Adm. Code, and receive written approval from the Department of Safety and Professional Services or its designated local program operator under § ATCP 93.110, Wis. Adm. Code.

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% of the pump shutoff head.

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 aboveground storage tank or private on-site wastewater treatment system (POWTS) treatment tank or holding tank component and associated piping.

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, Wis. Adm. Code, and receive written approval from the Department of Safety and Professional Services or its designated local program operator under § ATCP 93.110, Wis. Adm. Code. These requirements apply to tanks containing gasoline, diesel, biodiesel, ethanol, other alternative fuel, fuel oil, petroleum product, motor fuel, burner fuel, lubricant, waste oil, or hazardous substances.

Three hundred feet between a well field and any farm aboveground storage tank with double-wall, or single-wall tank with other secondary containment and under a canopy; other aboveground storage tank system with double-wall, or single-wall tank with secondary containment and under a canopy and with electronic interstitial monitoring for a double-wall tank or electronic leakage monitoring for a single-wall tank secondary containment structure. These installations shall meet the most restrictive installation requirements of § ATCP 93.260, Wis. Adm. Code, and receive written approval from the Department of Commerce or its designated local program operator under § ATCP 93.110, Wis. Adm. Code. These requirements apply to tanks containing gasoline, diesel, biodiesel, ethanol, other alternative fuel, fuel oil, petroleum product, motor fuel, burner fuel, lubricant, waste oil, or hazardous substances.

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 stormwater retention or detention pond.

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 aboveground storage tank with double-wall, or single-wall tank with other secondary containment and under a canopy or other aboveground storage tank system with double-wall, or single-wall tank with secondary containment and under a canopy; and with electronic interstitial monitoring for a double-wall tank or electronic leakage monitoring for a single-wall tank secondary containment structure. These installations shall meet the standard double-wall tank or single-wall tank secondary containment installation requirements of § ATCP 93.260, Wis. Adm. Code, and receive written approval from the Department of Safety and Professional Services or its designated local program operator under § ATCP 93.110, Wis. Adm. Code. These requirements apply to tanks containing gasoline, diesel, biodiesel, ethanol, other alternative fuel, fuel oil, petroleum product, motor fuel, burner fuel, lubricant, waste oil, or hazardous substances.

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 wastewater 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.