A. 
Districts. To carry out the purposes of this chapter, the Village of Cambria is hereby divided into the following zoning districts:
A-1
Agricultural and Residential District
R-1
Single-Family Residential District
R-2
Single- and Multiple-Family Residential District
R-3
Multiple-Family and Mobile Home Residential District
B-1
General Business District
I-1
Light Industrial District
I-2
General Industrial District
C-1
Conservancy District
P-1
Public and Quasi-Public District
PUD
Planned Unit Development
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.
(12) 
Bed-and-breakfasts.[1]
[1]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
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.
(3) 
Rear yard of not less than 30 feet, except that accessory buildings may be placed in the rear yard but not less than six feet from the rear property line.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(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]
(1) 
Single-family dwellings.[2]
[2]
Editor's Note: Original Sec. 10-1-43(b)(2), Two-family dwellings, which immediately followed this subsection, was repealed 9-11-2006.
(2) 
One private garage per dwelling.
(3) 
Accessory buildings and uses.
(4) 
Churches and schools.
(5) 
Customary home occupations, subject to other sections of this chapter.
(6) 
Public parks, playground, recreational and community center buildings and grounds.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
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]
(10) 
Bed-and-breakfasts.[4]
[4]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
[3]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
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]
(1) 
All conditional uses permitted in the R-1 Zoning District.
(2) 
Multiple-family dwellings in a structure containing more than eight units per structure.
(3) 
Bed-and-breakfasts.[2]
[2]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
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]
(1) 
Mobile home parks, subject to the requirements of Ch. HFS 178, Wis. Adm. Code.
(2) 
One private garage for each mobile home.
(3) 
Playgrounds and recreational areas.
(4) 
Uses customarily accessory to any of the preceding permitted uses.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
C. 
Conditional uses.
(1) 
Bed-and-breakfasts.[2]
[2]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
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.
[1]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
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]
[2]
Editor's Note: Original Sec. 10-1-47(c)(3), pertaining to maximum lot coverage, which immediately followed this subsection, was deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(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]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(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]
[2]
Editor's Note: Original Sec. 10-1-48(b)(5), pertaining to the sales, service and repair of vehicles and equipment, was deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. II). See now Subsection C(14).
(5) 
Food processing.
(6) 
Uses permitted in the 1-1 Industrial District.
(7) 
Uses customarily accessory to the preceding listed permitted principal uses.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
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.
(21) 
Open storage of natural and synthetic materials or products that attract vermin in large numbers or produce nuisance odors as described in § 316-3H of this Code.[4]
[4]
Editor's Note: See Ch. 316, Nuisances.
(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.
[3]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
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.
(4) 
Residential use except as provided in § 485-12.[5]
[5]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
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]
[6]
Editor's Note: Original Sec. 10-1-48(e)(3), pertaining to maximum lot coverage, which immediately followed this subsection, was deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(3) 
No building or structure shall exceed a height of 45 feet or 2 1/2 stories in this district.
F. 
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 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 the conservation and preservation of natural resources and areas of special environmental importance.
B. 
Permitted uses. Land may be used for one or more of the following purposes:[1]
(1) 
Farming, but excluding swine farming and fur farming.
(2) 
Forestry.
(3) 
Green space.
(4) 
Essential services.
(5) 
Uses customarily accessory to the preceding listed permitted principal uses.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II). This ordinance also deleted original Sec. 10-1-49(c), Area and height regulations, which immediately followed this subsection.
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.
[1]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
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. 
Definitions. For the purpose of this section, the following definitions shall be used.
GENERAL DEVELOPMENT PLAN
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.
GROSS ACREAGE
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.
HOMEOWNERS' ASSOCIATION
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.
LAND DIVISION
The division of a lot or a parcel of land for the purpose of transfer of ownership or building development.
LANDSCAPE FEATURES
Natural features of the PDD site, including waterways, wetlands, rock outcroppings, forest areas and significant wildlife habitat areas.
NET ACREAGE
The acreage of the PDD devoted to residential use, including residential building sites, private open space and driveways.
OPEN SPACE
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.
(1) 
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.
(2) 
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.
(3) 
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.
PLAN COMMISSION
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.
(b) 
The general development plan meets the development standards of Subsections F to O of this section.
(c) 
If the general development plan provides for phased development, pursuant to Subsection P of this section, that each phase meets the standard of Subsection G and that the applicant has the capability to obtain final development plan approval in the time limits imposed.
(d) 
Exceptions from the standards of the underlying zone district or from the quantitative requirements set herein of this section are warranted by amenities and other design features of the PDD furthering the purpose of Subsection A.
(e) 
Any conditions or modifications imposed by the Village Board on the general development plan approval are necessary to meet the requirements herein, to further the purpose of Subsection A or to comply with the Comprehensive Plan.
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.
(2) 
If the Village Board determines that a general development plan meets the standards of Subsection K(1) of this section, it may waive the lot area, lot width, lot coverage, setback and height requirements of the underlying zone district.
(3) 
If the Village Board finds it necessary to meet the perimeter design standards of Subsection O, it may require a special setback from all or a portion of the perimeter of the PDD.
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.
(a) 
Any amendments required as part of the preliminary review process.
(b) 
An upgraded site plan of the proposed development including requirements set forth in Subsection F.
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.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
[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. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
AQUIFER
A saturated, permeable geologic formation that contains and will yield significant quantities of water.
CONDITIONAL USE
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.
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.
DESIGN STANDARDS
Regulations that apply to the development of structures and infrastructure within a designated wellhead protection district.
FIVE-YEAR TIME OF TRAVEL
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.
MUNICIPAL WATER SUPPLY
The municipal water supply of the Village of Cambria.
OPERATING STANDARDS
Regulations that apply to land use activities/business practices within a designated wellhead protection district.
PERMITTED USE
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.
PERSON
An individual, partnership, association, corporation, municipality or state agency, or other legal entity.
RECHARGE AREA
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.
REGULATED SUBSTANCES
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:
(1) 
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)."
(2) 
Mixtures of chemicals which have been tested as a whole and have been determined to be a health hazard.
(3) 
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.
(4) 
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.
(5) 
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.
(6) 
Petroleum and nonsolid petroleum derivatives (except non-PCB dielectric fluids used in equipment or for transmission of electric power to homes and businesses).
THIRTY-DAY TIME OF TRAVEL
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.
WELL FIELD
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:
(a) 
Voting members:
[1] 
The Village President, acting as Committee Chair.
[2] 
The Director of Public Works.
[3] 
An elected Board member, as appointed by the Village President.
[4] 
The Plan Commission member, as appointed by the Village President.
[5] 
The Village Engineer, as approved by the Village Board.
(b) 
Advisory Committee:
[1] 
The Columbia County Land and Water Conservation Chair or technical representative.
[2] 
A local representative from the Department of Natural Resources with expertise in groundwater or groundwater contamination issues appointed by the Department.
[3] 
If available, one member as appointed by the Village Board, who has at least one of the following qualifications:
[a] 
Is a hydrogeologist, hydrologist or a professional engineer with a background in groundwater; or
[b] 
Is a certified groundwater professional.
(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]
(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.
(b) 
Any violation of Subsection Q(10) of this Section is hereby determined to be a nuisance.
(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.