The special districts are established to provide
protection of unique resources and features in the community that
are not included within the other standard zoning classifications.
[Amended 10-10-2006 by Ord. No. A-361; 5-21-2013 by Ord. No. A-454; 7-21-2015 by Ord. No. A-486]
A. Purpose. The residents of the City of Lodi 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 Wellhead 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 City of Lodi.
B. Authority. Authority is granted by § 62.23(7)(c), Wis.
Stats., and § 59.97(1), Wis. Stats. to encourage protection of public health,
safety and welfare by the protection of groundwater resources.
C. Wellhead Protection Overlay District boundaries. The boundaries of
the Wellhead Protection Overlay District include a defined area described
on mapping adopted by, and revised from time to time, by resolution
adopted by the Lodi Common Council. The Wellhead protection area shall
be determined by the Columbia County Groundwater Flow Model as contributor
of water to each well out to the boundary of the five-year time of
travel with a minimum well field distance of 600 feet surrounding
each municipal well. Said map, together with everything shown thereon
and all amendments thereto, shall be incorporated as part of this section as though
fully set forth herein. Minimum separation distances shall be maintained
between the well and other facilities within the Wellhead Protection
Overlay District.
D. Supremacy of the district. The regulations of this district 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.
E. Plan Commission review. Prior to the issuance of a development permit
for any principal or accessory use in the Wellhead Protection Overlay
District, the Plan Commission shall review the proposed use to ensure
that the use will not pose a threat to groundwater.
F. Changing technology.
(1) As technological advancements are made which result in a reduction
of risk to groundwater contamination, the list of uses permitted in
this zone may be modified. In order for a use to be added, the opinion
of experts in the field of geology and the industry seeking a change
must demonstrate convincingly that the use no longer pose a groundwater
pollution hazard. After appropriate public notice and public hearing,
the status may be reviewed by the Plan Commission.
(2) A change in method of storage or handling of pollutant materials
shall in and of itself not constitute grounds for adding a use to
the permitted uses. The ban may continue until the technology of the
use removes reliance upon the pollutant materials or processes deemed
to be a groundwater hazard.
G. Permitted uses. The following uses are permitted uses within the
Wellhead Protection Overlay District, subject to the separations distances
requirements herein, and the underlying zoning district requirements.
Uses not as permitted uses or conditional uses are to be considered
prohibited uses.
(1) Parks and playgrounds, provided there are no on-site waste disposal
or fuel storage tank facilities.
(2) Wildlife and natural and woodland areas.
(3) Nonmotorized recreational trails, such as biking, skiing, nature
and fitness trails.
(4) Residential developments with all residences connected to municipal
sewer.
(5) Agricultural uses in accordance with the Columbia County soil conservation
department's best management practices guidelines, and may not exceed
University of Wisconsin soil test recommendations for nutrient sources
applied or available for fields.
H. Conditional uses. The following uses may be conditionally permitted within the Wellhead Protection Overlay District, provided they are allowed in the underlying zoning district in accordance with Chapter
340, Article
X, Conditional Use Standards, and subject to the separations distances herein at Subsection
I, Minimum separation distance from contamination sources requirements.
(1) Automobile, boat or truck fuel sales.
(3) Electronic circuit manufacture or assembly plants.
(4) Electroplating operations.
(5) Exterminating supply, storage or application shops.
(6) Garages for repair and servicing of motor vehicles, machinery or
equipment, including body repair, painting or engine rebuilding.
(7) On-site soil absorption sewage treatment systems on new lots under
40,000 square feet.
(8) Underground petroleum products storage tanks for industrial, commercial,
residential or other uses.
I. Minimum separation distance from contamination sources requirements.
The following minimum separation distance from the edge of wellhead
fields as specified in § NR 811.12(5)(d), Wis. Adm. Code,
shall be maintained:
(1) Fifty feet between a well field and a storm sewer main or a sanitary
sewer main where the sanitary sewer main is constructed of water main
class materials and joints.
(2) 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-unit residential heating fuel oil underground
storage tank or aboveground storage tank or Private Onsite Wastewater
Treatment System (POWTS) treatment tank or holding tank component
and associated piping.
[Amended 3-21-2023 by Ord. No. A-561]
(3) 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 § SPS
310.260, Wis. Adm. Code, and receive written approval from the Department
of Safety and Professional Services or its designated local program
operator under § SPS 310.110, Wis. Adm. Code. These requirements
apply to tanks containing gasoline, diesel, bio-diesel, ethanol, other
alternative fuel, fuel oil, petroleum product, motor fuel, burner
fuel, lubricant, waste oil, or hazardous substances.
(4) 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 § SPS 310.260,
Wis. Adm. Code, and receive written approval from the Department of
Safety and Professional Services or its designated local program operator
under § SPS 310.110. Wis. Adm. Code. These requirements
apply to tanks containing gasoline, diesel, bio-diesel, ethanol, other
alternative fuel, fuel oil, petroleum product, motor fuel, burner
fuel, lubricant, waste oil, or hazardous substances.
(5) 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, infiltration or drainage
basin.
(6) 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 § SPS 310.260, Wis. Adm. Code,
and receive written approval from the Department of Safety and Professional
Services or its designated local program operator under § SPS
310.110, Wis. Adm. Code. These requirements apply to tanks containing
gasoline, diesel, bio-diesel, ethanol, other alternative fuel, fuel
oil, petroleum product, motor fuel, burner fuel, lubricant, waste
oil, or hazardous substances.
(7) 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.
(8) Twelve hundred feet between a well field and any solid waste storage,
transportation, transfer, incineration, air curtain destructor, processing,
wood burning, one time disposal or small demolition facility; sanitary
landfill; coal storage area; salt or deicing material storage area;
any single wall farm underground storage tank or single wall farm
aboveground storage tank or other single wall underground storage
tank or aboveground storage tank that has or has not received written
approval from the Department of Safety and Professional Services or
its designated local program operator under § SPS 310.110
Wis. Adm. Code, for a single wall tank installation. These requirements
apply to tanks containing gasoline, diesel, bio-diesel, ethanol, other
alternative fuel, fuel oil, petroleum product, motor fuel, burner
fuel, lubricant waste oil, or hazardous substances; and bulk pesticide
or fertilizer handling or storage facilities.