For the purpose of this chapter, the Village is divided into
the following zoning districts:
R-1
|
Residential District - Single-Family General
|
R-1C
|
Residential District - Single-Family Central
|
R-2
|
Residential District - Two-Family
|
R-3
|
Residential District - Multifamily
|
R-4
|
Residential District - Mobile Home Parks
|
C-1
|
Commercial District - Central Business
|
C-2
|
Commercial District - Community Business
|
C-3
|
Commercial District - Highway Business
|
I-1
|
Industrial District
|
A-1
|
Agricultural District
|
CO-1
|
Conservancy District
|
PUD-1
|
Planned Unit Development District
|
The location and boundaries of the zoning districts are hereby
established as shown on the map entitled "Zoning District Map" on
file in the office of the Village Clerk/Treasurer. The Village Zoning
Administrator shall regularly update the Zoning District Map to show
any changes in the zoning district boundary lines resulting from amendments
to the Zoning Ordinance and annexations to the Village. The Zoning
District Map, together with all information shown thereon and all
amendments thereto, shall be as much a part of this chapter as if
fully set forth and described herein.
A. Location of district boundaries. The following rules shall apply
with respect to the boundaries of the zoning districts as shown on
the Zoning District Map:
(1) Where zoning district boundary lines are indicated as following streets,
highways, roads, railroad right-of-way or alleys, such boundary lines
shall be construed to be the center line of said streets, highways,
roads, railroad rights-of-way or alleys unless clearly shown to the
contrary.
(2) Where any uncertainty exists as to the exact location of zoning district
boundary line, the Zoning Board of Appeals, upon written application,
shall determine the location of such boundary lines.
B. Annexations. Annexations to the Village subsequent to the effective
date of this chapter shall be placed in the A-1 Agricultural District,
unless the annexation ordinance temporarily places the land in another
district. Within a reasonable time, after completion of the annexation
procedures, the Village Plan Commission shall evaluate and recommend
a permanent district classification to the Village Board of Trustees.
[Amended 4-13-2005 by Ord. No. A-175]
A. Permitted uses.
(2) One private attached or detached garage; or two garages, provided one is an attached garage and one is a detached garage. All garages shall have a minimum of two stalls and a maximum of four stalls. To be permitted, all detached garages must meet the requirements specified in Subsection
C, Lot, building and yard requirements.
(3) Accessory uses and buildings as follows:
(a)
Gardening, tool and storage sheds; kennels for pets owned by owners of the residence; and, other such structures customarily associated with and clearly incidental to the residential use. Any such structures shall not exceed 200 square feet and must meet the requirements specified in Subsection
C, Lot, building and yard requirements.
(b)
Off-street parking customarily accessory and clearly incidental
to permissible principal uses and structures.
(c)
Signs as permitted by Village ordinances.
(4) Community living arrangements which have a capacity for eight or
fewer persons, provided that such arrangements fully comply with Wis.
Stats. § 62.23(7)(i)3., as amended, and a copy of first
licensure is promptly provided to the Village Clerk/Treasurer so that
the Village Board may make the determination allowed under Wis. Stats.
§ 62.23(7)(i)9., as amended.
(5) Foster homes or foster treatment homes that are the primary domicile
of a foster parent or treatment foster parent and that fully comply
with Wis. Stats. § 62.23(7)(i)2m.
(6) Family day-care homes that fully comply with Wis. Stats. § 66.1017.
B. Conditional uses.
(1) Accessory structures in excess of the permitted use requirements.
(2) Detached garages in excess of the permitted use requirements.
(3) Community living arrangements which have a capacity for nine or more
persons, provided that such arrangements fully comply with Wis. Stats.
§ 62.23(7)(i), as amended.
(4) Schools, churches and their affiliated uses.
(5) Parks, playgrounds, tennis courts and swimming pools.
(6) Public utilities such as electric substations, telephone switching
stations, etc. [SIC 494, 4952]
(7) Customary home occupations for individuals residing in the residence,
including professional home offices, hair and nail salons.
[Amended 7-14-2010 by Ord. No. A-210]
C. Lot, building and yard requirements.
(1) Lot frontage: minimum 90 feet, except for cul-de-sac lots, which
shall have a minimum frontage of 40 feet, and irregularly shaped lots,
which shall have a minimum frontage of 50 feet.
(2) Lot area: minimum 11,000 square feet.
(3) Principal building.
(a)
Front yard: minimum 30 feet.
(b)
Side yard: minimum 10 feet; with 25 feet in combination. The
25 feet in combination requirement shall not apply to cul-de-sac lots
or irregularly shaped lots.
(c)
Rear yard: minimum 30 feet.
(d)
Rear/side yard with open yard deck: minimum 10 feet.
(e)
Building height: maximum 35 feet.
(f)
Lot, building and yard requirements for corner lots:
[Added 12-10-2014 by Ord.
No. A-227]
[1]
Front yard. There shall be a front yard of not less than 30
feet: from the street: right-of-way line and provided further that:
on corner lots there shall be two front yards (adjacent to each street)
with a minimum setback of 30 feet from the street right-of-way line
for each front yard.
[2]
Rear yard. There shall be no rear yard.
[3]
Side yard. There shall be two side yards with a combination
of 25 feet with no less than 10 feet on one side.
(4) Accessory building.
(a)
Front yard: minimum two feet from back of the principal building
(b)
Side yard: minimum three feet.
(c)
Rear yard: minimum three feet.
(d)
Building height: maximum 15 feet.
(5) Detached garages.
(a)
Front yard: minimum 30 feet.
(b)
Side yard: minimum three feet.
(c)
Rear yard: minimum three feet.
(d)
Minimum size: 20 feet by 20 feet.
(e)
Maximum size without additional approval: 24 feet by 24 feet
or equivalent square footage of 576 square feet.
(f)
Building height: maximum 18 feet at peak.
(g)
Sidewall height: maximum 10 feet.
(h)
Stall size: maximum 14 feet wide.
(i)
Maximum size with additional approval: 32 feet by 48 feet or
equivalent square footage of 1,536 square feet, provided it:
[1] Complies with all other requirements in this section;
[2] The building plans are submitted to the Building Inspector and Plan
Commission; and
[3] The building plans receive approval from the Plan Commission and
Building Inspector, which approval shall not be unreasonably withheld
provided that the garage is consistent with the architecture and aesthetics
of the existing buildings.
(6) Percent of lot coverage: maximum 25%.
(7) Parking spaces required: three spaces per residence.
D. Other requirements.
(1) No more than two principal permitted uses (e.g., residences) may
be served by one private driveway.
(2) Driveway and parking requirements shall be established on a case-by-case
basis for conditional uses.
[Note: Numbers in brackets refer to North American Industry
Classification System or NAICS codes.]
A. Permitted uses.
(1) Paint, glass and wallpaper stores. [44412]
(3) Department stores, variety stores, general merchandise stores. [4521-4529]
(4) General grocery stores, supermarkets, fruit and vegetable stores,
meat and fish stores, dairy products stores, including ice cream stores,
and miscellaneous food stores. [4451, 44521, 44522, 44523, 445299]
(5) Candy, nut or confectionery stores. [4455292]
(6) Retail bakeries, including those which produce some or all of the
products sold on the premises, but not including establishments which
manufacture bakery products primarily for sale through outlets located
elsewhere or through home service delivery. [445291]
(7) Clothing and shoe stores. [4481-4482]
(8) Furniture, home furnishings, and floor covering stores. [442]
(9) Restaurants, lunch rooms and other eating places, except drive-in
type establishments. [7221, 7222]
(10)
Taverns, bars, and other drinking places with permit by Village
Board. [7224]
(11)
Drugstores and pharmacies. [44611]
(13)
Antique stores and secondhand stores. [45331]
(14)
Sporting goods stores. [45111]
(15)
Book and stationery stores. [4512, 4532]
(16)
Convenience stores. [44512]
(17)
Jewelry and clock stores. [44831]
(18)
Camera and photographic supply stores. [44313]
(19)
Gift, novelty and souvenir shops. [45322]
(21)
Tobacco and smokers' supplies stores. [453991]
(22)
News dealers and newsstands. [451212]
(23)
Wholesale merchandise establishments, only for retail items
listed above.
(24)
Banks and other financial institutions. [5211, 5221, 5222, 5223,
523]
(25)
Offices of insurance companies, agents, brokers, service representatives.
[524]
(26)
Offices of real estate agents, brokers, managers and title companies.
[5312, 5313, 541191]
(27)
Reupholstering and furniture repair. [81142]
(28)
Retail laundry and dry-cleaning outlets, including coin-operated
laundries and dry-cleaning establishments, commonly called "laundromats"
and "launderettes." [81231]
(29)
Tailor shops, dressmakers' shops, and garment repair shops,
but not garment-pressing establishments, hand laundries, or hat cleaning
and blocking establishments. [81149]
(30)
Photographic studios and commercial photography establishments.
[54192]
(31)
Barbershops, beauty shops and hairdressers. [81211]
(32)
Shoe repair shops and shoe shine parlors. [81143]
(33)
Advertising agencies, consumer credit reporting, news agencies,
employment agencies. [514110, 54181, 54184, 54189, 541612, 56131]
(34)
Duplicating, blueprinting, photocopying, addressing, mailing,
mailing list, and stenographic services. [561439]
(35)
Computer services. [5415, 5142, 5112]
(36)
Watch, clock and jewelry repair services [81149]
(38)
Offices of physicians and surgeons, dentists and dental surgeons,
osteopathic physicians, and chiropractors; and veterinarian's
offices without outdoor kennel facilities [621112, 62121, 62131, 62132,
621399, 54194]
(40)
The offices, meeting places, and premises of professional membership
associations, labor unions and similar labor organizations; political
organizations; religious organizations; charitable organizations;
or other nonprofit membership organizations. [8131, 8133, 8134, 8139]
(41)
Engineering and architectural firms or consultants. Accounting,
auditing, and bookkeeping firms or services. [5412, 5413]
(42)
Professional, scientific, or educational firms, agencies, offices,
or services, but not research laboratories or manufacturing operations.
[54169]
(43)
The offices of governmental agencies, post offices, libraries,
and municipal parking lots. [92111, 49111, 51412, 81293]
(44)
Public transportation passenger stations, taxicab company offices,
taxicab company offices, taxicab stands, but not vehicle storage lots
or garages. [48521, 48531]
(45)
Telephone and telegraph offices. [5133]
B. Conditional uses.
(1) The sale, service, repair, testing, demonstration or other use of
piston-type engines or motors, or any type of device, appliance or
equipment operated by such engines or motors. However, the number
of unenclosed vehicles awaiting sale or repair shall be established
by the Plan Commission. Enclosed vehicles shall be stored within a
building or enclosed by a complete vision-barrier fence a minimum
of six feet in height. Prior to construction, the materials proposed
to be used for the fence and the fence design shall be approved by
the Plan Commission. Such enclosure fences shall be maintained in
such a manner so as not to constitute a nuisance. [8111]
(2) Miscellaneous repair shops and related services. [81149]
(3) Establishments engaged in the publishing and printing of newspapers,
periodicals or books. [51111, 51112]
(4) Farm supplies, wholesale trade. [42291]
(5) Commercial parking lots, parking garages, parking structures. [81293]
(6) Motion-picture theaters, not including drive-in theaters. [512131]
(7) Gasoline service stations; provided, further, that all gasoline pumps,
storage tanks, and accessory equipment must be located at least 30
feet from any existing or officially proposed street line. [44711]
(8) Establishments engaged in renting and/or selling videocassettes,
DVDs, and related items such as VCRs, DVD players, TVs and similar
equipment. [53223]
(9) Residential dwelling units above the ground floor and not exceeding 50% of the total gross floor area in a two-story building or not exceeding 66% of the total gross floor area in a three-story building. There shall be no residential dwelling units below the second floor. Garages or additional off-street parking may be required in excess of the requirements set forth in §
385-27. The number of dwelling units per building or per lot may be set upon recommendation of the Plan Commission and approval of the Village Board. The Village Board, upon recommendation of the Plan Commission, may restrict the permitted uses, set forth in Subsection
A above, for the ground floor commercial establishment. This conditional use is not a conditional use allowed in the C-2 District.
[Added 7-28-2005 by Ord. No. A-178]
C. Lot, building and yard requirements.
(1) Lot frontage: minimum 25 feet.
(2) Lot area: minimum 6,000 square feet.
(3) Front yard: reasonably consistent with adjacent properties.
(4) Side yard: minimum 10 feet, except that no minimum is required where
there are abutting common walls.
(5) Rear yard: minimum 25% of depth of lot.
(6) Building height: maximum 75 feet.
(7) Percent of lot coverage: maximum 90%.
(8) Lot area per dwelling unit: minimum 2,000 square feet.
(9) Alley width: minimum 15 feet.
(10)
Parking spaces required: see Article
IV, Off-Street Parking.
[Amended 5-16-2005 by Ord. No. A-176]
A. Purpose. The Industrial District is intended to provide for the orderly
development of manufacturing and heavy to light industrial operations
in areas designated on the Village's land use plan for industrial
development and for protection from the intrusion of certain incompatible
uses. Businesses and persons located in this district should expect
a traditional industrial and manufacturing setting as opposed to a
"business park" or "light manufacturing" type setting that would more
typically locate in a Commercial or Light Manufacturing District.
B. Policies.
(1) The development of non-nuisance type manufacturing or industrial
operations, which on the basis of physical and operation characteristics
would not be detrimental to the surrounding area or to the Village
as a whole.
(2) The development of industrial areas will be done in an environmentally
suitable manner to protect adjacent nonindustrial areas. To meet this
requirement, the following environmental performance standards should
be complied with:
(a)
Air pollution. No activity shall emit any fly ash, dust, fumes,
vapors, mist or gases in such quantities as to cause soiling or danger
to the health of persons, animals, vegetation or property or in quantities
that exceed established state standards (Chapters NR 400 through 499
of the Wis. Administrative Code) or federal air pollution standards
(§ 111, Clean Air Act). Any entity intending to establish
a standing air emission source must obtain appropriate permits from
the Wis. Dept. of Natural Resources.
(b)
Fire and explosive hazards. All activities involving the manufacturing,
utilization, processing or storage of flammable and explosive material
shall be provided with adequate safety devices against the hazard
of fire and explosion, and with adequate fire fighting and fire-suppression
equipment and devices that are standard in the industry.
(c)
Liquid or solid wastes. No activity shall discharge at any point
onto any land or into any water or public sewer any materials of such
nature, quantity, noxiousness, toxicity or temperature which can contaminate,
pollute or harm the quantity or quality of any water supply; can cause
the emission of dangerous or offensive elements, can overload the
existing municipal utilities, or can injure, contaminate or damage
persons or property.
(d)
Noise and vibration. Other than on a temporary basis for a period
not longer than seven minutes in any hour, there shall be no noise
or vibration over 80 decibels emanating from any unsanctioned activities
beyond the boundaries of the immediate site as determined by the Building
Inspector. No activity shall emit vibrations which are discernible
without instruments outside its premises.
(e)
Odors. No activity shall emit any odorous matter of such nature
or quantity as to be offensive, obnoxious or unhealthful outside their
premises.
(f)
Radioactivity and electrical disturbances. No activity shall
emit radioactivity or electrical disturbances outside its premises
that are dangerous or adversely affect the use of neighboring premises.
C. Permitted uses. Permitted uses in the Industrial District shall be
as follows and defined by the Standard Industrial Classifications
(SIC) scheme to define terms that are used:
(1) Manufacturing and industrial operations including:
(a)
Printing and publishing. [5111, 51112]
(b)
Industrial machinery and equipment. [5084]
(c)
Dairy products. [5415, 5143, 2023]
(d)
Plastic materials and synthetics. [308, 5162]
(e)
Fabricated metal products. [34]
(f)
Furniture and fixtures. [25, 5021]
(g)
Instruments and related products. [3931]
(h)
Medicinal chemicals and botanical products. [2833]
(i)
Fertilizer plants and production including, nitrogenous, phosphatic
and mixed fertilize and livestock mineral blending and nutritional
aid production. [2873, 2874, 2875]
(j)
Additional industrial and manufacturing operations not expressly
set forth in this section may be allowed as a conditional use, provided
such industrial or manufacturing use is consistent with the intent
and purpose of the district. These additional industrial and manufacturing
uses may, but are not required to, include uses such as the manufacture,
fabrication, packing, packaging, processing and assembly of products
such as confections, cosmetics, electrical appliances and devices,
foods, furs, glass, jewelry, leather, metals, paper, pharmaceuticals,
plaster, plastics, textiles, and wood.
(2) Warehousing or distribution operations, not including predominantly
retail sales to customers on site. [50-51]
(3) Laboratories [873] and research facilities including:
(a)
Scientific and agricultural research.
(d)
Prototype fabrication and testing.
(f)
Market analysis and similar activities.
(5) Highway passenger and motor freight transport. [41-42]
(6) Sexually oriented businesses in accordance with Chapter
289, Sexually Oriented Businesses, of the Code of the Village of Blue Mounds.
D. Conditional uses. The following are permitted as conditional uses
within the I-1 District:
(1) Public utilities and public services.
(2) Telecommunications facilities, including cell towers. [48]
(3) Ancillary retail sales and service operations that serve employees
within the industrial park.
(4) Sewage treatment plants. [4952]
(5) Gas and LP and fuel manufacturing.
(6) Fuel companies and suppliers of propane gas, heating oils, diesel
fuel, gasoline, kerosene, aviation fuel and propane equipment service
and repair.
(7) Business services [73]. Any business services locating in the industrial
park shall be subject to a conditional use permit by which the owner
acknowledges that the primary purpose of the district is manufacturing
and industrial, and such manufacturing and industrial uses shall be
the dominant use in the I-1 District.
(8) Offices of construction firms, shops, display rooms and enclosed
storage. [15-17]
(9) Recreational facilities, including but not limited to ice hockey
rinks. Any such recreational facilities locating in the industrial
park shall be subject to a conditional use permit by which the owner
acknowledges that the primary purpose of the district is manufacturing
and industrial, and such manufacturing and industrial uses shall be
the dominant use in the I-1 District.
(10)
Dog and other domestic small animal day care, training, grooming
and/or boarding facilities allowing up to a maximum of 100 kennels.
[Added 10-10-2007 by Ord. No. A-187.2]
E. Prohibited uses. The following uses shall not be permitted in the
I-1 District:
(2) Hazardous waste materials (as defined in 40 CFR 261, Appendix VIII,
and Ch. NR 400 of Wis. Admin Code), storage, processing or treatment
of.
F. Standards.
(1) Within
the Industrial District, the following standards shall apply:
(a)
Lot frontage: minimum 100 feet.
(b)
Lot area: minimum 10,000 square feet.
[1]
Front yard: minimum 25 feet.
[2]
Side yard: minimum 10 feet.
[3]
Side yard, corner lot: minimum 25 feet.
[4]
Rear yard: minimum 20 feet.
(c)
Building height: maximum 45 feet.
(d)
Percent of lot coverage: maximum 80%.
(e)
Parking spaces required: see Article
IV, Off-Street Parking.
(2) Lot area. Maximum lot coverage of a building on a lot shall not exceed
80% of the total lot area. There shall be sufficient area for the
principal structure, its accessory structures, and all required off-street
parking, loading areas and any required yards. Stormwater management
plans will be required for sites with proposed impervious areas of
greater than 50% of the lot area. Impervious areas shall include building(s),
paved parking areas, paved access/circulation roads and paved storage
areas.
(3) Side yard. Minimum side yard is 10 feet. In the event that two adjoining
sites shall be owned by the same owner and the improvements on such
sites are erected on these combined sites, then the side yard requirements
on the interior line may be waived.
(4) Off-street parking. Adequate parking stalls shall be established
to incorporate all vehicle parking within the lot area. There shall
be no parking allowed in the 30 feet adjacent to a residential district.
On-street parking, loading or unloading is prohibited.
G. Other requirements. Uses permitted and conditional in the I-1 District
are subject to the following requirements:
(1) Required buffer strips in Industrial Districts. Where an I-1 Industrial
District abuts an established residential district, there shall be
provided along any rear, side or front line, coincidental with any
industrial-residential boundary, a buffer strip not less than 40 feet
in width as measured at right angles to said lot line. When a new
I-1 District is located next to an established residential district,
then the buffer strip shall be located in the I-1 District. If a new
residential district is built next to an existing I-1 District, then
the buffer strip will be built in the new residential area by the
residential developer. Plant materials at least six feet in height
of such variety and growth habits as to provide a year-round, effective
visual screen when viewed from the residential district shall be planted
in the exterior 25 feet abutting the residential district. If the
required planting screen is set back from the industrial-residential
boundary, the portion of the buffer strip facing the residential district
shall be attractively maintained. Fencing may be used in lieu of planting
materials to provide said screening. The fencing shall be not less
than five nor more than eight feet in height, and shall be of such
materials as to effectively screen the industrial area. The exterior
25 feet of the buffer strip shall not be devoted to the parking of
vehicles or storage of any material or accessory uses. The interior
15 feet may be devoted to parking of vehicles.
(2) The minimum landscape surface ratio (the area of the lot which is
planted and continually maintained in vegetation) is 20%.
(3) The landscaping plans should achieve a minimum point total of 800
points; 600 of these points in trees and the remaining 200 using other
elements in each 10,000 square feet of green space. The final point
total must come from a balanced variety of the listed elements as
acceptable to the Plan Commission. Subject to the recommendation of
the Plan Commission, the above point totals may be increased or decreased
on specific sites to meet the intent of this chapter.
|
Landscape Element
|
Point Value
|
---|
|
Medium shade tree:
|
|
|
|
2 to 2 1/2 inch caliper at 6 inches
|
100
|
|
Medium evergreen tree:
|
|
|
|
5 to 6 1/2 feet in height
|
100
|
|
Medium deciduous shrub:
|
|
|
|
18 to 24 inches in height
|
15
|
|
|
25 to 36 inches in height
|
20
|
|
Evergreen shrub:
|
|
|
|
18 to 24 inches in height
|
20
|
(4) If trees or plantings die, they must be replaced in a timely manner,
but not later than the next fall or spring planting season.
(5) Signs must be approved by the Plan Commission prior to approval.
The immediate area surrounding the sign must achieve a minimum of
100 landscape points.
[Added 9-11-2002 by Ord. No. A-166]
A. Purpose and authority. The residents of the Village of Blue Mounds 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 institute land use regulations and restrictions to protect the Village's municipal water supply and well fields, and to promote the public health, safety and general welfare of the residents of the Village of Blue Mounds. Statutory authority of the Village to enact these regulations was established by the Wisconsin Legislature in Wis. Stats. § 62.23(7)(a) and (c). Under these statutes, the Village has the authority to enact this chapter, effective in the incorporated areas of the Village, to encourage the protection of groundwater resources. This §
385-24 of the Village Code may be referred to as the "Wellhead Protection Ordinance."
(1) Application of regulations. The regulations specified in this section
shall apply only to lands within 1,500 feet of the Blue Mounds municipal
wells (cones of depression) or within the five-year time of travel
(TOT) of these wells and which also lie within the Village of Blue
Mounds corporate limits.
(2) Definitions. The following definitions shall apply to this section:
AQUIFER
A saturated, permeable geologic formation that contains and
will yield significant quantities of water.
CONE OF DEPRESSION
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. The Wisconsin
Geological and Natural History Survey identified the cone of depression
to be a radius of 1,422 feet. For ease of determination, the cone
of depression or Groundwater Protection Overlay District A has been
established as being 1,500 feet from the Blue Mounds wells.
FIVE-YEAR TIME OF TRAVEL (TOT)
The recharge area upgradient of the cone of depression, the
outer boundary of which it is determined or estimated that groundwater
and potential contaminants will take five years to reach a pumping
well. The five-year TOT for the Blue Mounds well fields is established
based on flow path modeling contained in the report entitled "Blue
Mounds Wisconsin Case Study: Wellhead Protection Programs and Monitoring
System Design." Note: The report "Blue Mounds Wisconsin Case Study:
Wellhead Protection Programs and Monitoring System Design" is available
from the Village Clerk/Treasurer.
RECHARGE AREA
The area in which water reaches the zone of saturation by
surface infiltration and encompasses all areas or features that supply
groundwater recharge to a well.
WELL FIELD
A piece of land used primarily for the purpose of locating
wells to supply a municipal water system.
B. Groundwater Protection Overlay District A - cones of depression.
(1) Intent. The primary portion of the Blue Mounds recharge area to be
protected is the land within 1,500 feet of the Blue Mounds wells,
known as Wells 4, 5, 6, 7, 8, 9 and 10, as shown on the attached map.
These lands are subject to the most stringent land use and development
restrictions because of close proximity to the wells and the corresponding
high threat of contamination.
(2) Permitted uses. The following uses are permitted uses within Groundwater Protection Overlay District A. Uses not listed here or in Subsection
B(3) below are to be considered prohibited uses.
(a)
Parks and playgrounds, provided there are no on-site waste disposal
or fuel storage tank facilities;
(c)
Nonmotorized trails, such as biking, skiing, nature and fitness
trails;
(d)
Sewered residential developments subject to conditions in Chapter
282, Sewers and Sewage Disposal, of the Village Code;
(e)
Unsewered (single-family) residential development only on existing lots of record on the effective date of this section and subject to conditions in Chapter
282, Sewers and Sewage Disposal, of the Village Code.
(3) Conditional uses. The following uses are conditional uses within Groundwater Protection Overlay District A. Uses not listed here or in Subsection
B(2) above are to be considered prohibited uses.
(a)
Commercial uses served by municipal sanitary sewer except those listed as prohibited in Subsection
B(4) below.
(4) Prohibited uses. The following uses are prohibited uses within the
Groundwater Protection Overlay District A. These uses are prohibited
based on the high probability that activities routinely associated
with these uses (storage, use, and handling of potential pollutants)
will cause groundwater contamination. Uses not listed shall not be
considered permitted uses.
(a)
Underground storage tanks of any size.
(b)
Septage and/or sludge spreading.
(c)
Animal waste landspreading.
(e)
Animal confinement facilities.
(g)
Vehicle repair establishments, including auto body repair.
(h)
Printing and duplicating businesses.
(i)
Any manufacturing or industrial businesses.
(l)
Landfills or waste disposal facilities.
(m)
Wastewater treatment facilities.
(n)
Spray wastewater facilities.
(o)
Junkyards or auto salvage yards.
(p)
Bulk fertilizer and/or pesticide facilities.
(q)
Asphalt products manufacturing.
(t)
Electroplating facilities.
(u)
Exterminating businesses.
(v)
Paint and coating manufacturing.
(w)
Hazardous and/or toxic materials storage.
(x)
Hazardous and/or toxic waste facilities.
(y)
Radioactive waste facilities.
(5) Where any of the uses listed in Subsection
B(4) above exist within Groundwater Protection Overlay District A on the effective date of this section, owners of these facilities will be allowed to upgrade the facilities to facilitate or enhance groundwater protection. Plans for the proposed upgrade must be approved by the Plan Commission and Village Board, and appropriate permit issued by the Village, prior to any work being initiated. Expansion of the prohibited use will not be allowed.
C. Administration and enforcement. This section shall be administered and enforced in accordance with procedures set forth in this Chapter
385, including but not limited to §§
385-50 through
385-58. In addition to any other enforcement, legal or equitable remedies the Village may have, a violation of this section shall be subject to §
385-58.