[Ord. No. 1101-2008 §§1 — 2, 10-20-2008]
The regulations set forth in this Article or set forth elsewhere
in these regulations, when referred to in this Article, are the regulations
in the Aquifer Protection Overlay District ("AQ"). The regulations
in this district shall be supplemental to the regulations of the underlying
zoning district. The Aquifer Protection Overlay District ("AQ") is
designed to safeguard the public health, safety and welfare of the
customers of protected public water supplies by regulating land use
and the storage of hazardous materials. The area extent of the zone
is described as the land area within the City of Kearney which lies
within the one (1) year capture area adjacent to existing and proposed
public wells of a protected public water supply, including a two thousand
six hundred forty (2,640) foot strip of land outside of the direct
recharge area in locations where the direct recharge area within the
one (1) year capture area impinges on the aquifer boundary. The intent
of this district is to protect the community's potable water supply
against contamination.
[Ord. No. 1101-2008 §§1 — 2, 10-20-2008]
A. The
principal uses of land in an "AQ" District are as follows:
1. Municipal water supply, treatment and operations facilities;
2. Public parks, playgrounds and community centers;
3. The permitted uses of the underlying zoning district.
B. The
following conditional uses may be permitted in an "AQ" District.
1. Existing residences if not already permitted.
2. Public utility uses such as electric and telephone substations, gas
regulator buildings and electric and communication transmission towers
and structures.
4. Motor vehicle service or washing stations.
C. The
following uses are prohibited within the Aquifer Protection Overlay
District ("AQ").
1. The manufacture, use, transport, storage or disposal of toxic or
hazardous materials as a principal activity.
2. Sanitary and construction/demolition landfills and other commercial
dump sites.
3. Junk yards or salvage yards.
4. Excavation, extraction, mining or processing of sand, gravel and/or
limestone.
D. The
following accessory uses customarily incident to the above permitted
uses and located on the same lot therewith are allowed.
1. Use and storage of hazardous substances in conjunction with municipal
water supply, public parks, playgrounds and community centers.
2. Use of hazardous substances in conjunction with any conditional use
permit granted in this district shall be limited to:
a. Routine use of property.
(1)
The aggregate of hazardous substances in use may not exceed
twenty (20) gallons or one hundred sixty (160) pounds at any time.
(2)
The total use of hazardous substances may not exceed fifty (50)
gallons or four hundred (400) pounds in any twelve (12) month period.
b. Non-routine maintenance or repair of property or equipment.
(1)
The aggregate of hazardous substances in use may not exceed
fifty (50) gallons or four hundred (400) pounds at any time.
(2)
The total use of hazardous substances may not exceed one hundred
(100) gallons or eight hundred (800) pounds in any twelve (12) month
period.
[Ord. No. 1101-2008 §§1 — 2, 10-20-2008]
A. New
or replacement septic tanks and associated drain fields for containment
and disposal of human waste shall conform to existing regulations
of the City.
B. Non-public
water wells shall conform to existing regulations of the City.
C. Underground Storage Tanks (UST).
1. Existing UST facilities shall comply with local, State and Federal
fire and environmental UST regulations regarding tanks and pressurized
lines.
2. The City may make periodic inspections for compliance with local,
State and Federal regulations and may spot check inventory records.
3. Newly constructed or reconstructed UST installations shall have double
containment for both piping and tanks. This shall be accomplished
with either a below ground vaulted tank, a double walled tank or other
approved technology. All piping shall be double walled.
4. The City shall be notified of a new UST installation so that it can
be inspected. Installation shall be in compliance with existing local,
State and Federal fire and environmental UST regulations.
D. Any
facility (excluding households) involving collection, handling, manufacture,
use, storage, transfer or disposal of hazardous materials shall prepare
and have on file with the City an acceptable contingency plan designed
to prevent hazardous materials from contaminating the aquifer should
floods, fire or other natural catastrophes or equipment failure occur.
[Ord. No. 1101-2008 §§1 — 2, 10-20-2008]
The off-street parking and loading standards within the Aquifer
Protection Overlay District ("AQ") shall be those of the underlying
zoning district.
[Ord. No. 1101-2008 §§1 — 2, 10-20-2008]
The height, area and yard regulations within the "AQ" Aquifer
Protection Overlay District shall be those of the underlying zoning
district.