[Amended 8-13-2014]
For the purpose of this chapter, the Village of Baldwin is hereby
divided into the following 13 districts:
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R-1-L
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Single-Family Residential District (Low Density)
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R-1-M
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Single-Family Residential District (Medium Density)
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R-2
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Single-Family and Two-Family Residential District
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R-3
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Limited Multiple-Family Residential District
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R-4
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Multiple-Family Residential District
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C-1
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Local Commercial District
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C-1
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Highway Commercial District
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C-2
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General Commercial District
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I-1
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Industrial District
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OC
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Open Development Conservancy District
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PUD
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Planned Unit Development Overlay District
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WHP
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Wellhead Protection Overlay District
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M-1
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Mixed-Use Medical District
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A.
Zoning Map. The boundaries of the districts enumerated in § 635-13 above are hereby established as shown on a map titled "Zoning Map, Village of Baldwin, Wisconsin," as amended periodically, which is adopted by reference and made a part hereof. The map shall bear upon its face the attestation of the Village President and the Village Clerk-Treasurer and shall be available to the public in the office of the Village Clerk-Treasurer.
B.
Boundary lines. The boundaries shall be construed to follow corporate
limits; U.S. Public Land Survey lines; lot or property lines; center
lines of streets, highways, alleys, easements and railroad rights-of-way;
or such lines extended unless otherwise noted on the Zoning Map.
C.
Vacation. Vacation of public streets and alleys shall cause the land
vacated to be automatically placed in the same district as the abutting
side to which the vacated land reverts.
D.
Annexations and consolidations. Annexations to or consolidations
with the Village subsequent to the effective date of this chapter
shall be placed in the OC Open Development Conservancy District unless
the annexation ordinance temporarily places the land in another district.
Within one year, the Plan Commission shall evaluate and recommend
a permanent district classification to the Village Board.
A.
Purpose. The purpose of the R-1-L District is to provide the opportunity
for construction and maintenance of primarily single-family detached
dwelling units at a low-dwelling-unit-per-acre density. This district
will primarily be used with new residential developments.
B.
Permitted uses. The following uses of land are permitted in the R-1-L
District:
(1)
Single-family dwellings, excluding all mobile homes; for purposes
of this chapter, manufactured homes are included in the definition
of "single-family dwelling."
(2)
Manufactured homes complying with all of the following requirements
and limitations:
(a)
The home shall be a double wide of at least 24 feet in width
and 36 feet in length.
(b)
The home shall be installed on an approved foundation system
in conformity with the Uniform Building Code. The wheels and axles
must be removed. The enclosed foundation system shall be approved
by the Building Inspector and/or Village Engineer; the Building Inspector
may require a plan to be certified by a registered architect or engineer
to ensure proper support for the home.
(c)
The home shall be equipped with foundation siding which in design,
color and texture appears to be an integral part of the adjacent exterior
wall of the manufactured home.
(d)
The home shall be covered by a roof pitched at a minimum slope
of four inches in 12 inches which is permanently covered with nonreflective
material.
(e)
The home shall have a pitched roof, overhanging eaves and such
other design features required of all new single-family dwellings
located within the Village of Baldwin.
(3)
One private garage with not more than three stalls for each residential
parcel.
(4)
Accessory uses and buildings as follows (see also Article X):
(a)
Gardening, tool and storage sheds incidental to the residential
use.
(b)
Off-street parking facilities prescribed by the Village Zoning
Code.
(c)
Uses and structures customarily accessory and clearly incidental
to permissible principal uses and structures, except that no accessory
building may be used as a separate dwelling unit.
(d)
Signs as permitted by Village ordinances.
(5)
Community living arrangements and day-care centers which have a capacity
for eight or fewer persons.
(7)
Telephone, telegraph and power distribution poles and lines and necessary
appurtenant equipment and structures, such as transformers, unit substations,
and equipment housings relative thereto and provided there is no service
garage or storage yard. This regulation, however, shall not include
microwave radio relay structures unless and until the location thereof
shall first have been approved by the Village under the provisions
of this Zoning Code, or those utility structures incompatible with
the characteristics of the district.
(8)
Uses customarily incident to any of the above uses, provided that
no such use generates traffic or noise that would create public or
private nuisance.
C.
Conditional uses. The following are permitted as conditional uses
within the R-1-L District:
(1)
Community living arrangements and day-care centers which have a capacity
for nine or more persons.
(2)
Bed-and-breakfast establishments.
[Amended 3-13-2013]
(3)
Churches and public and parochial schools.
(4)
Public buildings, except sewage disposal plants, garbage incinerators,
and buildings for the repair or storage of road or maintenance equipment.
Public uses include fire and police structures, community centers,
libraries and museums.
(5)
Parks and playgrounds.
(6)
Planned residential developments.
(7)
Golf courses and private clubs.
(8)
Barbering and beauty culture.
(9)
Sewage disposal facilities.
(10)
Nursery schools.
(11)
Hospitals and medical clinics.
(12)
Cemeteries.
D.
Area, height and yard requirements.
(1)
Lot.
(a)
Area: minimum 9,600 square feet. For split two-family dwellings,
the stated minimum shall apply to both lots combined, but no single
lot shall be less than 4,000 square feet.
(b)
Width. Residential lots shall not be less than 80 feet wide
measured at the building setback line; such minimum lot width may
be located on the outer radius of a curved street, such as a cul-de-sac.
In no case shall lot width measured along the curved arc of the right-of-way
line of a cul-de-sac or curved street be less than 60 feet.
(2)
Building height: maximum 35 feet.
(5)
Building size: minimum ground floor area per dwelling shall be not
less than 960 square feet for a one-story dwelling and not less than
720 square feet for dwellings having more than one story.
(6)
Lot coverage: 25% (principal and accessory structures).
(7)
Corner lots. Corner lots which were in existence prior to July 12,
2017, or the effective date of this provision (whichever is later)
may have no less than a fifteen-foot setback on one street side if
granted a conditional use permit.
[Added 7-12-2017]
A.
Purpose. The purpose of the R-1-M District is to provide the opportunity
for maintenance of primarily single-family detached dwelling units
at a medium-dwelling-unit density in the existing older neighborhoods
in the Village of Baldwin or in medium-density newer neighborhoods.
It is recognized that this district's heritage is one of diverse lot
sizes and setbacks that makes dimensional standardization difficult.
B.
Permitted uses. The permitted uses of land in the R-1-L District
are permitted in the R-1-M District.
C.
Conditional uses. The conditional uses for the R-1-L District are
permitted as conditional uses within the R-1-M District.
D.
Area, height and yard requirements.
(2)
Building height: maximum 35 feet.
(5)
Building size: minimum ground floor area per dwelling shall be not
less than 720 square feet for a one-story dwelling and not less than
650 square feet for dwellings having more than one story.
(6)
Setback averaging. In this district, where a lot is located between
two lots, each of which has a principal building located thereon,
the street yard requirement on such lot shall not be less than the
average front yard established by the adjacent existing principal
structures.
(7)
Nonconforming structures. In the R-1-M District, existing principal
structures may be rebuilt or reconstructed to the preexisting building
profile.
(8)
Lot coverage: 30% (principal and accessory structures).
(9)
Corner lots. Corner lots which were in existence prior to July 12,
2017, or the effective date of this provision (whichever is later)
may have no less than a fifteen-foot setback on one street side if
granted a conditional use permit.
[Added 7-12-2017]
A.
Purpose. The purpose of the R-2 District is to provide the opportunity
for construction and maintenance of primarily single- and two-family
dwelling units.
B.
Permitted uses.
(1)
Single-family and two-family dwellings.
[Amended 3-13-2013]
(2)
Split two-family dwellings (zero lot line), provided that the yard and space requirements and building height limits shall be as specified in Subsection D, except as specifically provided below:
(b)
The requirements and limits specified in Subsection D and the side yard limit above shall apply to each of the two lots upon which the split two-family dwelling is located. (Note: It is the intent of this subsection to permit the division of side-by-side two-family dwellings for which the lot can be divided along a common wall and for which there is a separate water and sewer service and separate gas and electric meters.)
(c)
For all attached zero lot line or common wall construction duplexes
and townhouses containing single-family dwellings, each unit shall
have separate sewer and water lateral connections. The size, type
and installation proposed to be constructed shall be in accordance
with the plans and specifications approved by the Village Board, following
a recommendation from the Plan Commission. A minimum one-hour fire-rated
wall assembly division, separating living areas from the lowest level
to flush against the underside of the roof, is required between each
dwelling unit.
(3)
Community living arrangements and day-care centers which have a capacity
for eight or fewer persons.
(5)
Accessory uses and buildings as follows:
(a)
Gardening, tool and storage sheds incidental to the residential
use.
(b)
Off-street parking facilities.
(c)
Uses and structures customarily accessory and clearly incidental
to permissible principal uses and structures, except that no accessory
building may be used as a separate dwelling unit.
(d)
Signs as permitted by Village ordinances.
(6)
Private clubs and fraternities, except those whose principal activity
is a service customarily carried on as a business.
(7)
Telephone, telegraph and power distribution poles and lines and necessary
appurtenant equipment and structures, such as transformers, unit substations,
and equipment housings relative thereto and provided there is no service
garage or storage yard. This regulation, however, shall not include
microwave radio relay structures unless and until the location thereof
shall first have been approved by the Village under the provisions
of this Zoning Code, or those utility structures incompatible with
the characteristics of the district.
(8)
Uses permitted in the R-1-M District.
(9)
Uses customarily incident to any of the above uses, provided that
no such use generates traffic or noise that would create a public
or private nuisance.
C.
Conditional uses. The conditional uses for the R-1-M District are
permitted as conditional uses within the R-2 District.
D.
Area, height and yard requirements.
(1)
Lot.
(a)
Area: minimum 9,600 square feet.
(b)
Width: residential lots shall not be less than 80 feet wide
(40 feet wide for each unit side of zero-lot-line two-family dwellings)
measured at the building setback line; such minimum lot width may
be located on the outer radius of a curbed street, such as a cul-de-sac.
In no case shall lot width measured along the curved arc of the right-of-way
line of a cul-de-sac or curved street be less than 60 feet.
(2)
Building height: maximum 35 feet.
(5)
Lot coverage by buildings: maximum lot coverage by a main building
and all accessory buildings: 30%; 30% on twin home lot.
(7)
Corner lots. Corner lots which were in existence prior to July 12,
2017, or the effective date of this provision (whichever is later)
may have no less than a fifteen-foot setback on one street side if
granted a conditional use permit.
[Added 7-12-2017]
B.
Conditional uses.
(1)
Same conditional uses as in the R-2 District.
(2)
Mobile home parks.
(3)
Hotels and motels when located within 500 feet of any commercial
district, provided no other business shall be conducted therein except
that which is for the service and convenience of the guests thereof.
[Amended 3-13-2013]
(4)
Lodges, noncommercial in nature.
[Amended 3-13-2013]
C.
Area, height and yard requirements.
(1)
Lots.
(b)
Minimum lot width: 80 feet measured at the building setback
line; such minimum lot width may be located on the outer radius of
a curbed street, such as a cul-de-sac. In no case shall lot width
measured along the curved arc of the right-of-way line of a cul-de-sac
or curved street be less than 60 feet.
(3)
Setbacks (accessory structures). Accessory building setbacks shall be the same as prescribed in § 635-17D(4).
(4)
Building height. 45 feet maximum.
(5)
Lot coverage by buildings: maximum lot coverage by a main building
and all accessory buildings: 35% of lot area.
(7)
Corner lots. Corner lots which were in existence prior to July 12,
2017, or the effective date of this provision (whichever is later)
may have no less than a fifteen-foot setback on one street side if
granted a conditional use permit.
[Added 7-12-2017]
A.
Purpose. The purpose of the R-4 District is to provide the opportunity
for construction and maintenance of multifamily dwelling units at
varying dwelling units per acre densities.
C.
Conditional uses.
[Amended 3-13-2013]
(1)
Parks and playgrounds.
(2)
Planned residential developments.
(3)
Golf courses and private clubs.
(4)
Sewage disposal facilities.
(5)
Schools and churches.
(6)
Public buildings, except sewage disposal plants, garbage incinerators,
and buildings for the repair or storage of road or maintenance equipment.
Public uses include fire and police structures, community centers,
libraries and museums.
(7)
Nursery schools.
(8)
Retirement homes.
(9)
Conditional uses permitted in the R-3 District.
D.
Area, height and yard requirements.
(1)
Lot.
(a)
Area: minimum 9,600 square feet for two units, 12,000 square
feet for three units, and 14,000 square feet for four units, plus
a minimum of 2,000 square feet of lot area for each dwelling unit
over four.
(b)
Width: residential lots shall not be less than 80 feet wide
measured at the building setback line; such minimum lot width may
be located on the outer radius of a curved street, such as a cul-de-sac.
In no case shall lot width measured along the curved arc of the right-of-way
line of a cul-de-sac or curved street be less than 60 feet.
(4)
Building height: maximum 45 feet.
(5)
Lot coverage. The above grade area occupied by the principal building,
accessory buildings and parking stalls shall not exceed 50% of the
total lot area.
(6)
Corner lots. Corner lots which were in existence prior to July 12,
2017, or the effective date of this provision (whichever is later)
may have no less than a fifteen-foot setback on one street side if
granted a conditional use permit.
[Added 7-12-2017]
A.
Permitted uses. In the Local Commercial District, no building or
premises shall be used and no building shall hereafter be erected,
converted in use, enlarged, moved or structurally altered unless otherwise
provided in this chapter, except for one or more of the following
uses:
[Amended 6-11-2008]
(1)
One- and two-family dwellings.
(2)
Retail stores and shops and small service businesses such as:
(a)
Art shops.
(b)
Professional studios.
(c)
Clothing, drug, grocery, fruit, meat, vegetable, confectionery,
hardware, sporting goods, stationery, music, variety and notions stores.
(d)
Household appliance, fixture and furnishing stores and repair
shops.
(e)
Stores and shops for barbers, beauticians, cabinet makers, electricians,
florists, jewelers, watchmakers, locksmiths, painters, tailors, plumbers,
shoemakers, dressmakers, pressers and photographers.
(3)
Advertising signs and bulletin boards pertaining to the name and
use of the property on which located.
(4)
Offices and office buildings for business and professional firms,
including banks, medical and dental offices, and public utility offices.
(5)
Automobile display and sales rooms, parking lots and structures and
when accessory thereto, the retail sale of automobile parts and accessories
and the washing, cleaning, greasing and servicing of automobiles,
including minor adjustments and repairs, but not major repairs, overhauling,
rebuilding, demolition or spray painting.
(6)
Cleaning, dyeing and laundry pickup stations; self-service laundries
and cleaning shops.
(7)
Bakeries, confectioneries, ice cream and soft drink shops.
(8)
Restaurants, but with no selling or serving of alcoholic beverages.
(9)
Clubs, lodges, meeting rooms, with seating capacities for fewer than
300 persons.
B.
Conditional uses.
[Amended 6-11-2008]
(1)
Hotels and motels.
(2)
Drive-in restaurants and refreshment stands.
(3)
Gasoline/service stations.
(4)
Radio (AM or FM) or television broadcasting stations and transmitters,
and microwave radio relay or other telecommunications structures.
(5)
Self-storage facilities.
(6)
Liquor stores.
(7)
Other retail stores and shops, and small service businesses catering
to neighborhood patronage, including only those deemed to be as appropriately
located in C-1 Districts as those enumerated above, and only those
not dangerous or otherwise detrimental to persons residing or working
in the vicinity thereof, or to the public welfare and not impairing
the use, enjoyment or value of any property.
[Amended 6-11-2008]
A.
Permitted uses. The following are permitted uses within the C-1-H
Highway Commercial District:
(1)
Retail stores and shops and small service businesses such as:
(a)
Art shops.
(b)
Professional studios.
(c)
Clothing, drug, grocery, fruit, meat, vegetable, confectionery,
hardware, sporting goods, stationery, music, variety and notions stores.
(d)
Household appliance, fixture and furnishing stores and repair
shops.
(e)
Stores and shops for barbers, beauticians, cabinet makers, electricians,
florists, jewelers, watchmakers, locksmiths, painters, tailors, plumbers,
shoemakers, dressmakers, pressers and photographers.
(2)
Advertising signs and bulletin boards pertaining to the name and
use of the property on which located.
(3)
Offices and office buildings for business and professional firms,
including banks, medical and dental offices, and public utility offices.
(4)
Automobile display and sales rooms, parking lots and structures and,
when accessory thereto, the retail sale of automobile parts and accessories
and the washing, cleaning, greasing and servicing of automobiles.
(5)
Cleaning, dyeing and laundry pickup stations; self-service laundries
and cleaning shops.
(6)
Bakeries, confectioneries, ice cream and soft drink shops.
(7)
Restaurants, but with no selling or serving of alcoholic beverages.
(8)
Clubs, lodges, meeting rooms.
B.
Conditional uses.
(1)
Storage facilities except in the I-94 corridor.
(2)
Motels, hotels, and ride share lots.
(3)
Drive-in restaurants and refreshment stands.
(4)
Bars, taverns, liquor stores, microbrewing and restaurants with alcohol.
(5)
Gasoline/service stations.
(6)
Commercial recreation uses.
(7)
Radio (AM or FM) or television broadcasting stations and transmitters,
and microwave radio relay or other telecommunications structures,
except within the I-94 corridor.
(8)
Other retail stores and shops, and small service business catering
to neighborhood patronage, including only those deemed to be as appropriately
located in C-1-H Districts as those enumerated above, and only those
not dangerous or otherwise detrimental to persons residing or working
in the vicinity thereof, or to the public welfare and not impairing
the use, enjoyment or value of any property.
(9)
Self-storage facilities.
(10)
Day-care center.
[Added 3-13-2013]
(11)
Multifamily residential dwelling units (four units or more) in conjunction
with and using the Planned Unit Development ( PUD) Overlay District.
[Added 6-10-2020]
C.
Area, height and yard requirements.
(1)
Setbacks (principal and accessory). Buildings and uses, except automobile
parking and loading spaces, driveways, essential services, walks and
planting spaces, shall not be closer to any street line than 50 feet
nor closer to any alley or to a side or rear line of any other district,
or to any required planting strip than 40 feet.
(2)
Screen planting. A screen planting strip not less than 15 feet in
width shall be provided along all boundaries that adjoin residential
districts except streets. Such strips shall be so planted with varieties
of trees and shrubs as to assume rapid growth and density of foliage
for screening the development from the adjoining residential districts.
(3)
Building height limit: 35 feet maximum, except 100 feet maximum within
the I-94 corridor.
A.
Permitted uses. The following are permitted uses in the C-2 District:
[Amended 6-11-2008]
(1)
Uses permitted in C-1 Districts, provided that no dwelling or dwelling
units are permitted without conditional use permits.
(2)
Bakeries and candy making.
(3)
Bars, taverns, nightclubs.
(4)
Boat and mobile home sales rooms and lots.
(5)
Cleaning and dyeing plants.
(6)
Department stores.
(7)
Engraving, photoengraving, photofinishing, lithographing, printing,
publishing and bookbinding plants.
(8)
Household equipment repair shops.
(9)
Laboratories, medical, dental and optical; other laboratories of
nonhazardous or inoffensive operations when accessory to permitted
uses.
(10)
Laundries.
(11)
Music conservatories, dancing studios.
(12)
Paint shops, including sign and other painting.
(13)
Repair garages and shops for motor vehicles, including parking,
storage, repair, maintenance and washing of vehicles and parts, but
excluding sand or steam cleaning and manufacture of vehicles or parts.
(14)
Tire repair shops.
(15)
Used car, farm implement sales lots.
B.
Conditional uses.
[Amended 10-12-2005; 6-11-2008]
(1)
Hotels, motels.
(2)
Bottling works, bottling nonalcoholic beverages.
(3)
Bottled gas storage for local distribution.
(4)
Bus, taxi and truck terminals, and storage; railroad lines, spurs
and passenger terminals.
(5)
Dairies, ice cream plants.
(6)
Drive-in restaurant, refreshment stands.
(7)
Gasoline/service stations.
(8)
Hatcheries.
(9)
Ice plants, cold storage plants.
(10)
Mortuaries.
(11)
Dwellings, including single family, two family, or multiunit,
provided a minimum of 50% of the main floor square footage facing
the primary street, and including the building's street frontage facade
remains commercial. For purposes of this use, dwelling does not include
boarding or lodging houses, motels, hotels, tents, cabins, mobile
homes or any other temporary housing.
[Added 11-2-2016]
(12)
Shops for the following and similar occupations: blacksmith,
mason, tinsmith.
(13)
Warehouses.
(14)
Vocational and trade schools.
(15)
Other retail or wholesale and service uses considered to be
as appropriate and desirable for inclusion with a C-2 District as
those permitted above, and which will not be dangerous or otherwise
detrimental to persons residing or working in the vicinity thereof,
or to the public welfare, and will not impair the use, enjoyment or
value of another property, but not including any uses excluded hereinafter.
(16)
Rooftop radio (AM or FM) or television broadcasting stations
and transmitters, and microwave radio relay or other telecommunications
structures.
(17)
Microbrewery.
(18)
Day-care center.
[Added 3-13-2013]
C.
Uses excluded.
(1)
Any use only permitted in the I-1 District.
(2)
Junkyards.
(3)
Manufacturing and processing other than an accessory use customarily
incidental to permitted commercial sales and service uses.
(4)
Any use which is objectionable by reason of emission of odor, dust,
smoke, gas, vibration or noise, or because of subjection of life,
health or property to hazard.
[Added 8-13-2014]
A.
Purpose. The purpose of the M-1 District is to provide the opportunity
for construction and maintenance of a medical healthcare and/or wellness
campus/facility which may include a mix of medically associated institutional,
educational, commercial and residential development. It is intended,
but not required, that multiple principal uses will be present on
an overall campus facility without separate lots for each use. If
multiple ownerships exist within the campus facility, a condominium-style
ownership is anticipated.
B.
Permitted uses. The following are permitted uses within the M-1 Mixed-Use
Medical District.
(3)
Medical education facilities.
(5)
Commercial uses catering primarily to the needs of medical employees,
patients, patient's families, clients, and residents, such as:
(6)
Emergency service facilities such as fire, police, ambulance,
heliports, and helipads.
(7)
Multilevel parking facilities.
(10)
Advertising signs and bulletin boards pertaining to the name
and use of the property on which located.
C.
Conditional uses.
(1)
Hotels and motels.
(2)
Day-care centers not attached to a hospital building.
(3)
Behavioral health facilities not attached to a hospital building.
(4)
Substance abuse treatment facilities not attached to a hospital
building.
(5)
Halfway houses.
(6)
Manufacturing of medical products.
(7)
Skate park.
(8)
Restaurants that serve alcohol.
(9)
Radio or television broadcasting stations and transmitters,
and microwave radio relay or other telecommunications structures,
except within the 1-94 corridor.
(10)
Storage facilities, except in the 1-94 corridor.
(11)
Other retail stores and shops, and small service business catering
to neighborhood patronage, including only those deemed to be as appropriately
located in mixed-use medical districts as those enumerated above,
and only those not dangerous or otherwise detrimental to persons residing
or working in the vicinity thereof or to the public welfare and not
impairing the use, enjoyment or value of any property.
D.
Area, height and yard requirements.
(2)
Setbacks (principal and accessary structures).
(a)
Street: minimum 50 feet.
(b)
Residential districts or corporate limits: minimum 50 feet.
(c)
Side: same as in the corresponding residential districts for
a dwelling and buildings containing dwelling units; none otherwise.
(d)
Screen planting. A screen planting strip not less than 15 feet
in width shall be provided along all boundaries that adjoin residential
districts or corporate limits except streets. Such strips shall be
so planted with varieties of trees and shrubs as to assume rapid growth
and density of foliage for year-round screening of the development.
(3)
Building height limit: same as in the corresponding residential
districts for a dwelling and buildings containing dwelling units;
100 feet otherwise.
(4)
Lot coverage: same as in the corresponding residential districts
for a dwelling and buildings containing dwelling units; none otherwise.
(5)
Minimum floor area required: same as in the corresponding residential
districts for a dwelling and buildings containing dwelling units;
none otherwise.
A.
Permitted uses.
(1)
Uses permitted in C-2 District, except any of a religious, educational,
charitable or medical nature, and except any dwelling or lodging place
for either permanent or tourist accommodations, provided that a dwelling
for a watchman or caretaker employed on the premises, and his/her
family, is permitted.
(2)
Industrial-type uses consisting of manufacturing, processing, assembling, storing, distributing and transporting of materials, goods and foodstuffs, provided none of the types in Subsection B below shall be permitted without a conditional use permit.
(3)
Governmental-type uses, such as public works and/or highway department
facilities or other governmental uses considered to be appropriate
and desirable for inclusion in the I-1 District.
[Added 11-8-2017]
B.
Conditional uses.
(1)
Auto wrecking, junk or scrap yards, or the baling of junk, scrap
or rags.
(2)
Bag cleaning.
(3)
Distillation of bones, coal, tar, petroleum, refuse, grain or wood.
(4)
Garbage, offal, dead animal or fish reduction or dumping or other
waste dumping.
(5)
Forge plants, foundries.
(6)
Flammable gases or liquids, refining or manufacture thereof, or tank
farm storage.
(7)
Refining of petroleum, refining or smelting of ores.
(8)
Sawmills, planing mills.
(9)
Steam power plants.
(10)
Stockyards or slaughter of animals or poultry.
(11)
Stone quarries, gravel pits, stone cutting and crushing, washing
and grading of stone, gravel and sand.
(12)
Sugar refining.
(13)
Tanneries.
(14)
Wool pulling or scouring.
(15)
Manufacture of: acetylene; acid; alcohol or alcoholic beverages;
ammonia; bleaching powder; chlorine; chemicals; soda or soda compounds;
kiln-made brick, pottery, terra cotta or tile; candles (except by
hand); cement, gypsum, lime or plaster of paris; disinfectants; dyestuffs;
emery cloth or sandpaper, explosives or fireworks (or storage of same);
exterminators or insect poisons; fertilizers; glass; glue or size;
gelatin; grease, lard or tallow (manufactured or refined from animal
fat); illuminating or heating gas (or storage of same); lamp black;
matches; linoleum, linseed oil, paint, oil shellac, turpentine or
varnish (except mixing only); oilcoth or oiled products; paper or
pulp pickles; sauerkraut or vinegar; plastics; potash products, rayon
or similar products; rubber or gutta percha products (or treatment
of same); shoddy, shoe polish; soap (other than liquid soap); soybean
products, starch, glucose or dextrin; stove polish; tar roofing or
waterproofing or other tar products; chewing tobacco (or treatment
of tobacco); yeast.
(16)
Any other use which is objectionable by reason of emission of
odor, dust, smoke, gas, vibration or noise, or because of subjection
of life, health or property to hazard.
(17)
Radio (AM or FM) or television broadcasting stations and transmitters,
and microwave radio relay or other telecommunications structures.
(18)
Day-care center.
[Amended 3-13-2013]
(19)
Self-storage facilities (also known as "mini-storage)", except
in the I-94 Corridor and except in the Baldwin Industrial Park (which
is a part of current TIF District 5) and the I-94 Industrial Park
(which is a part of current TIF District 7).
[Added 11-8-2017]
C.
Area, height and yard requirements.
A.
Permitted uses. The OC Open Development Conservancy District is intended
to preserve scenic and natural areas in the Village and also to prevent
uncontrolled, uneconomical spread of residential development and to
discourage development of marginal land so as to prevent potential
hazards to public and private property. The following uses of land
are permitted:
(1)
Management of sustained-yield forestry, wildlife and fish.
(2)
Harvesting of wild crops such as marsh hay, ferns, moss, berries,
fruit trees and tree seeds.
(3)
Hunting, fishing and trapping subject to pertaining Village ordinances
controlling these activities.
(4)
Facilities and structures for drainage, flood control, hydroelectric
power, power transmission, ponding, conservation, erosion control,
reclamation, fire prevention.
(5)
Bicycle and hiking trails.
(6)
Parks and natural recreation areas.
(7)
Uses similar or customarily incident to any of the above uses.
B.
C.
Area, height and yard requirements. The following building and structure
regulations shall apply in the Conservancy District:
A.
Purpose. The PUD Planned Unit Development Overlay District is intended
to provide for large-scale residential development. The Planned Unit
Development Overlay District is established to provide a regulatory
framework designed to encourage and promote improved environmental
design in the Village by allowing for greater freedom, imagination
and flexibility in the development of land, while assuring substantial
compliance with the basic intent of this chapter and the general plan
for community development. To this intent, it allows diversification
and variation in the relationship of uses, structures, open spaces
and heights of structures in developments, conceived and implemented
as comprehensive and cohesive unified projects. It is further intended
to encourage more rational and economic development with relationship
to public services and to encourage and facilitate preservation of
open land.
B.
General procedure. Before commencing with a planned unit development,
the developer shall obtain approval of the Village Board, following
a recommendation from the Plan Commission. Two copies of the proposed
general development plan, including a site plan, shall be submitted
to the Village Clerk-Treasurer and the Plan Commission.
C.
Site plan. The site plan shall be drawn at a scale of not less than
one inch equals 50 feet and shall include the following information:
(1)
Location and dimension of property boundaries.
(2)
Location, size and number of parking spaces.
(3)
Location, size, use, entrances and exits of all buildings.
(4)
Elevations and contours sufficient to show topographic features and
drainage patterns.
(5)
Distances between buildings, between buildings and property lines,
and between buildings and other improvements on the site including
walks, parking areas and site structures.
(6)
Location and width of all drives and roadways on the site.
(7)
Drainage of surface water within the site, including parking lots
and street grades, and the size, slope, depth and location of drainage
and erosion control pipes and structures.
D.
Permitted uses.
(1)
The PUD Planned Unit Development Overlay District under this chapter
will allow for flexibility of overall development design with benefits
from such design flexibility intended to be derived by both the developer
and the community, while, at the same time, maintaining insofar as
possible the land use density and other standards or use requirements
as set forth in the underlying basic zoning district.
(2)
Uses permitted in a Planned Unit Development Overlay District shall
conform to uses generally permitted in the underlying basic use district.
Individual structures shall comply with the specific building area
and height requirements of the underlying basic use district. All
open space and parking requirements of the underlying basic use district
shall be complied with either individually or by providing the combined
open space and parking space required for the entire development in
one or more locations within the development.
(3)
The following are permitted in a PUD District, provided that no use
shall be permitted except in conformity with a specific implementation
plan pursuant to the procedural and regulatory provisions as hereinafter
set forth:
(b)
The minimum size for a PUD shall be five acres of land or a
minimum of 16 dwelling units.
(c)
The PUD tract shall be a development of land under single control.
No authorization or permits shall be granted for such development
unless the applicant has acquired actual ownership of, or executed
a binding sales contract for, all of the property comprising such
tract. For purposes of this section, ownership shall include a lease
of not less than 50 years' duration. The term "single control" shall
include ownership by an individual, corporation, partnership, association,
trustee, or other legal entity.
E.
Height, area and setback requirements. Except as provided in Subsection G below, in a PUD there shall be no predetermined specific lot area, lot width, height, floor area ratio, yard and usable open space requirements, but such requirements as are made a part of an approved recorded specific implementation plan shall be, along with the recorded plan itself, construed to be and enforced as a part of this section.
F.
Parking requirements. Off-public street parking facilities shall
be as provided for under this chapter and in accordance with the approved
specific implementation plan and such requirements as are made a part
of the approved specific implementation plan, along with the recorded
plan itself, shall be construed to be, and enforced as, a part of
this section.
G.
Zero-lot-line/common-wall construction requirements. For all attached
zero-lot-line or common-wall construction duplexes and townhouses
containing single-family dwellings, each unit shall have separate
sewer and water lateral connections. The size, type and installation
proposed to be constructed shall be in accordance with the plans and
specifications approved by the Plan Commission. A minimum one hour
fire-rated wall assembly division, separating living areas from the
lowest level to flush against the underside of the roof, is required
between each dwelling unit.
H.
Criteria for approval. As a basis for determining the acceptability
of a PUD application, the following criteria shall be applied to the
specific implementation plan, with specific consideration as to whether
or not it is consistent with the spirit and intent of this chapter,
has been prepared with competent professional advice and guidance
and produces significant benefits in terms of environmental design.
(1)
Character and intensity of land use. The uses proposed and their
intensity and arrangement on the site shall be of a visual and operational
character which:
(a)
Are compatible to the physical nature of the site with particular
concern for the preservation of natural features, tree growth and
open spaces.
(b)
Would produce an attractive environment of sustained aesthetic
and ecologic desirability, economic stability and functional practicality
compatible with the general development plans for the area as established
by the community.
(c)
Would not adversely affect the anticipated provision for school
or other municipal services.
(d)
Would not create a traffic or parking demand incompatible with
the existing or proposed facilities to serve it.
(2)
Economic feasibility and impact. The proponents of a PUD application
shall provide the Village satisfactory evidence of its economic feasibility,
proof by the proponents of available adequate financing, and that
the PUD would not adversely affect the economic prosperity of the
Village or the values of surrounding properties.
(3)
Engineering design standards. The width of street right-of-way, width
and location of streets or other paving, outdoor lighting, location
of sewer and water lines, provision for stormwater drainage or other
similar environmental engineering considerations shall be based upon
a determination of appropriate standards necessary to implement the
specific function in the specific situation. In no case shall standards
be less than those necessary to assure the public safety and welfare
as determined by the Village.
(4)
Preservation and maintenance of open space. Adequate provision shall
be made for the permanent preservation and maintenance of common open
space by private reservation.
(a)
The open area to be reserved shall be protected against building
development by conveying to the Village, as part of the conditions
for approval, an open space easement over such open areas restricting
the area against any future building or use except as is consistent
with that of providing landscaped open space for the aesthetic and
recreational benefit of the PUD. Buildings or uses for noncommercial,
recreational or cultural purposes compatible with the open space objectives
may be permitted only where specifically authorized as part of the
development plan or subsequently with the express approval of the
Village Board following approval of building, site and operational
plans made by the Plan Commission.
(b)
The care and maintenance of such open space reservation shall
be assured by establishment of appropriate management organization
for the PUD.
(5)
Implementation schedule. The proponents of a PUD shall submit a reasonable
schedule for the implementation of the plan to the satisfaction of
the Village, including suitable provisions for assurance that each
phase will be brought to completion in a manner which will not result
in any adverse effect upon the community as a result of termination
at that point.
I.
Approval procedure; general development plan.
(1)
Generally. The procedure for initiating a PUD District shall be the
same procedure used with other types of rezonings, unless otherwise
prescribed by this section. Rezoning would occur concurrently with
the approval of the general development plan.
(2)
General development plan. The applicant shall submit a general development
plan to the Village Clerk-Treasurer. The general development plan
shall include the following information:
(a)
A statement describing the general character of the intended
development.
(b)
An accurate site plan of the project area as required in Subsection C above including its relationship to surrounding properties and existing topography, key features, and building location and height.
(c)
A plan of the proposed project showing sufficient details to make possible the evaluation of the criteria for approval as set forth in Subsection H.
(d)
The pattern of proposed land use including shape, size and arrangement
of proposed use areas, density, environmental character and their
relationship to adjoining parcels of land within 600 feet of area
boundaries.
(e)
The pattern of public and private streets.
(f)
The location, size and character of recreational and open space
areas reserved or dedicated for public uses such as schools, parks,
greenways, etc.
(g)
A utility feasibility study.
(h)
Appropriate statistical data on the size of the development,
ratio of various land uses, percentages of multifamily units by number
of bedrooms, economic analysis of the development, expected staging,
and any other plans or data pertinent to evaluation by the Village.
(i)
General outline of intended organizational structure related
to property owners' association, deed restrictions and private provision
for common services.
J.
Specific implementation plan.
(1)
Submission of plan and fee. The applicant shall submit a specific
implementation plan to the Plan Commission within 12 months after
having been granted an approval of the general development plan and
rezoning to a PUD District classification. The applicant shall pay
required fees and all costs incurred by the Village in checking and
processing such plans. Such application shall be signed by the owner(s)
of every property within the boundaries of the proposed specific implementation
plan.
(2)
General development plan. If a specific implementation plan which
the Plan Commission determines to be a reasonable phase of the total
plan has not been submitted within such time, the developer shall
be required to resubmit a general development plan which is subject
to all the requirements of this section.
(3)
Information required. The specific implementation plan submitted
to the Plan Commission shall include the following detailed construction
and engineering plans and related documents and schedules:
(a)
An accurate map of the area covered by the plan including the
relationship to the total general development plan.
(b)
The pattern of public and private roads, driveways, walkways
and parking facilities.
(c)
Detailed lot layout and subdivision plan where required.
(d)
The arrangement of building groups and their heights, and their
architectural character with particular attention to their influence
on adjoining parcels of land including the castings of unbroken shadows.
(e)
Sanitary sewer and water mains.
(f)
Grading plan and storm drainage system.
(g)
The location and treatment of open space areas and recreational
or other special amenities.
(h)
The location and description of any areas to be dedicated to
the public.
(i)
General landscape treatment.
(j)
Proof of financing capability.
(k)
Analysis of economic impact upon the community.
(l)
A development schedule indicating:
[1]
The approximate date when construction of the project can be
expected to begin.
[2]
The stages in which the project will be built and the approximate
date when construction of each stage can be expected to begin.
[3]
The anticipated rate of development.
[4]
The approximate date when the development of each of the stages
will be completed.
[5]
The area and location of common open space that will be provided
at each stage.
(m)
Agreements, bylaws, provisions or covenants which govern the
organizational structure, use, maintenance and continued protection
of the PUD and any of its common services, common open areas or other
facilities.
(n)
Any other plans, documents or schedules requested by the Plan
Commission.
(o)
If the specific implementation plan is to be executed in phases,
each phase shall be submitted in accordance with this section.
(p)
An ownership statement shall be a part of the specific implementation
plan and also shall be affixed and noted on the deed.
(4)
Approval of the specific implementation plan.
(a)
If the specific implementation plan as submitted is not in substantial
compliance with the general development plan, the Plan Commission
shall notify the landowner regarding the aspects of the plan that
are not in compliance. The landowner may:
(b)
Within 45 days after the filing of the specific implementation
plan, the Plan Commission shall forward to the Village Board a written
report recommending that the plan be approved, disapproved or approved
with conditions and giving the reason(s) for the recommendations.
(d)
If the specific implementation plan or any section thereof is
given final approval and thereafter the landowner abandons the plan
or any section thereof that has been finally approved and notifies
the Village Board in writing, or if the landowner fails to commence
the planned unit development within 18 months after final approval
has been granted, such final approval shall terminate and be deemed
null and void; the parcel would revert to its pre-PUD application
zoning classification.
(5)
Approval of plan. Upon approval of the specific implementation plan,
the following shall be recorded in the County Register of Deeds office
by the landowner within 60 days of approval:
(a)
The building, site and operational plans for the development
as approved.
(b)
All other commitments and contractual agreements with the Village
offered and required with regard to project value, character and other
factors pertinent to an assurance that the proposed development will
be carried out basically as presented in the specific implementation
plan. This shall be accomplished prior to the issuance of any building
permit.
A.
Title. This overlay district shall be known, cited and referred to
as the "Wellhead Protection District" (hereinafter referred to as
"WHP District").
B.
Purpose, authority and application.
(1)
Intent. Residents in the Village of Baldwin 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 WHP District is to institute land use regulations
and restrictions to protect the Village's municipal water supply and
well fields and to promote the health, safety and general welfare
of the residents of the Village of Baldwin.
(2)
Statutory authority. The Wisconsin Legislature authorizes villages
to enact these regulations pursuant to §§ 62.23(7)(a)
and (c) and 61.35, Wis. Stats. Under these statutes, the Village has
the authority to enact this section, effective in the incorporated
areas of the Village, to encourage the protection of groundwater resources.
(3)
Applicability. The regulations specified in this WHP District shall
apply within the Village's corporate limits.
C.
AQUIFER
EXISTING FACILITIES
GROUNDWATER PROTECTION OVERLAY DISTRICT
REGULATED SUBSTANCE
(1)
(2)
(3)
(4)
(5)
(6)
WELL FIELD
WELLHEAD PROTECTION MANAGEMENT AREA
Definitions. As applicable in this section, the following terms shall
have the meanings indicated:
A saturated, permeable, geologic formation that contains,
and will yield, significant quantities of water.
Current facilities, practices and activities which may cause
or threaten to cause environmental pollution within that portion of
the Village's wellhead protection area that lies within the corporate
limits of the Village. Existing facilities include, but are not limited
to, the type listed in Department of Natural Resources Form 3300-215,
Public Water Supply Potential Contaminant Use Inventory Form, which
is incorporated herein as if fully set forth.
That portion of the recharge area for the Village wells that
lies within the Village limits as of the date of passage of this section.
As of the date of passage, this area is indicated as the combined
Zones 1 and 2 on the map attached hereto as Exhibit A, on file with
the Clerk-Treasurer, and incorporated herein by reference. This area
may be expanded as additional property is annexed into the Village
of Baldwin.
Chemicals and chemical mixtures that are health hazards.
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, but are not limited to:
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 Definitions
(Mandatory).
Mixtures of chemicals which have been tested as a whole and
have been determined to be a health hazard.
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 1.0% or greater of the composition on weight-per-unit-weight
basis.
Mixtures of chemicals which include a carcinogen if the concentration
of the carcinogen in the mixture is 0.1% or greater of the composition
on a weight-per-unit-weight basis.
Ingredients of mixtures prepared within the Groundwater Protection
Overlay District in cases where such ingredients are health hazards
but comprise more than 0.1% of the mixture on a weight-per-unit-weight
basis if carcinogenic, or more than 1.0% of the mixture on a weight-per-unit-weight
basis if noncarcinogenic.
Petroleum and non-solid petroleum derivatives (except non-PCB
dielectric fluids used in equipment or for transmission of electric
power to homes and businesses).
A piece of land used primarily for the purpose of supplying
a location for construction of wells to supply a municipal water system.
The land area which contributes water to a well by infiltration
of water into the subsurface and movement with groundwater toward
the well. This area extends beyond the corporate limits of the Village
of Baldwin. This area is indicated as the combined area of Zones 1,
2 and 3 on the map attached as Exhibit A, on file with the Clerk-Treasurer,
and incorporated herein by reference.
D.
Groundwater protection zone separation distances. The following minimum
separation distances shall be maintained within the Groundwater Protection
Overlay District:
(1)
Fifty feet between a well and stormwater sewer main.
(2)
Two hundred feet between a well and any sanitary sewer main, 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 Waterworks Association (AWWA)
600 specifications. In no case may the separation distance between
a well and sanitary sewer main be less than 50 feet.
(3)
Four hundred feet between a well and a septic tank or soil absorption
unit receiving less than 8,000 gallons per day, a cemetery or a stormwater
drainage pond.
(4)
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 Safety and Professional Services (hereafter "Commerce")
or its designated agent under Ch. SPS 310, Wis. Adm. Code.
(5)
One thousand feet between a well and land application of municipal,
commercial or industrial waste; industrial, commercial or municipal
wastewater lagoons or storage structures; manure stacks or storage
structures; and septic tanks or soil absorption units receiving 8,000
gallons per day or more.
(6)
Twelve 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;
coal storage area; salt or deicing material storage area; gasoline
or fuel oil storage tanks that have not received written approval
from the Wisconsin Department of Safety and Professional Services
or its designated agent under Ch. SPS 310, Wis. Adm. Code; bulk fuel
storage facilities; and pesticide or fertilizer handling or storage
facilities.
E.
Overlay District zones. The Overlay District is hereby divided into
Zones 1, 2 and 3:
(1)
Zone 1. Identified as the primary source of water for the municipal
well aquifer and as the area most likely to transmit groundwater contamination
to the municipal wells. Zone 1 is comprised of a circle with a diameter
of 2,400 feet with the municipal well at its center. Zone 1 is more
restrictive than Zones 2 or 3.
(a)
Permitted uses in Zone 1. The following uses are permitted uses
within the Groundwater Protection Zone 1:
[1]
Parks, provided there are no on-site waste disposal or fuel
storage tank facilities associated with this use.
[2]
Playgrounds.
[3]
Wildlife areas.
[4]
Nonmotorized trails, such as bike, skiing, nature and fitness
trails.
[5]
Residential property which is municipally sewered, and free
of regulated substances, aboveground or underground storage tanks
(USTs).
(b)
Prohibited uses in Zone 1. The following uses are prohibited
uses within the Groundwater Protection Zone 1. These uses are prohibited
based on the high probability that activities routinely associated
with these uses (storage, use and handling of potential pollutants)
will cause groundwater contamination. Uses not listed shall not be
considered permitted uses:
[1]
Underground storage tanks of any size.
[2]
Septage and/or sludge spreading.
[3]
Animal waste landspreading.
[4]
Animal confinement facilities.
[5]
Gas stations.
[6]
Vehicle repair establishments, including auto body repair.
[7]
Printing and duplicating businesses.
[8]
Any manufacturing or industrial businesses.
[9]
Bus or truck terminals.
[10]
Repair shops.
[11]
Landfills or waste disposal facilities.
[12]
Wastewater treatment facilities.
[13]
Spray wastewater facilities.
[14]
Junkyards or auto salvage yards.
[15]
Bulk fertilizer and/or pesticide facilities.
[16]
Asphalt products manufacturing.
[17]
Dry-cleaning businesses.
[18]
Salt storage.
[19]
Electroplating facilities.
[20]
Exterminating businesses.
[21]
Paint and coating manufacturing.
[22]
Hazardous and/or toxic materials storage.
[23]
Hazardous and/or toxic waste facilities.
[24]
Radioactive waste facilities.
[25]
Recycling facilities.
[26]
Cemeteries.
(c)
Preexisting prohibited uses in Zone 1. Where any of the uses
listed above exist within Groundwater Protection Zone 1 on the original
effective date of this section, owners of these facilities will be
allowed to upgrade the facilities to facilitate or enhance groundwater
protection. Plans for the proposed upgrade must be approved by the
Plan Commission and Village Board, and an appropriate permit must
be issued by the Village Clerk-Treasurer prior to beginning any work.
Expansion of the prohibited use will not be allowed.
(2)
Zone 2. Identified as a secondary source of water for the municipal
wells because of its location in the Wellhead Protection Management
Area and its location in the area identified as the five-year-time-of-travel
area, meaning that area within which contamination would reach the
Village well within a period of five years. Zone 2 is less restrictive
than Zone 1, but more restrictive than Zone 3.
(a)
Permitted uses in Zone 2. The following uses are permitted uses
within the Groundwater Protection Zone 2:
[1]
All uses listed as permitted uses in Zone 1.
[2]
Modified agricultural activities, including any crop free of
pesticides and/or synthetic fertilizers.
[3]
Aboveground petroleum product storage tanks less than 660 gallons.
All new or replaced tanks shall be installed in compliance with Ch.
SPS 310, Wis. Adm. Code.
[4]
Residential, commercial and industrial property which is municipally
sewered.
(b)
Prohibited uses in Zone 2. The following uses are prohibited
uses within Groundwater Protection Zone 2. These uses are prohibited
based on the high probability that activities routinely associated
with these uses (storage, use, and handling of potential pollutants)
will cause groundwater contamination. Uses not listed shall not be
considered permitted uses unless specifically listed above under "Permitted
Uses."
[1]
Underground storage tanks of any size.
[2]
Unsewered commercial and/or industrial development.
[3]
Septage and/or sludge spreading.
[4]
Animal waste facilities.
[5]
Animal confinement facilities (except veterinary hospitals and
clinics).
[6]
Gas stations and oil change businesses.
[7]
Printing and duplicating businesses which use hazardous chemicals
as defined by the EPA in their printing process.
[8]
Bus or truck terminals.
[9]
Landfills.
[10]
Wastewater treatment facilities.
[11]
Spray wastewater facilities.
[12]
Auto salvage yards.
[13]
Bulk fertilizer and/or pesticide facilities.
[14]
Asphalt products manufacturing.
[15]
Dry-cleaning facilities.
[16]
Electroplating facilities.
[17]
Exterminating shops.
[18]
Paint and coating manufacturing.
[19]
Hazardous and/or toxic materials storage.
[20]
Hazardous and/or toxic waste facilities.
[21]
Radioactive waste facilities.
(c)
Preexisting prohibited uses in Zone 2. Where any of the uses
listed above exist within Groundwater Protection Zone 2 on the original
effective date of this section, owners of these facilities will be
allowed to upgrade the facilities to facilitate or enhance groundwater
protection. Plans for the proposed upgrade must be approved by the
Plan Commission and Village Board, and appropriate permit issued by
the Village Clerk-Treasurer prior to beginning any work. Expansion
of the prohibited use will not be allowed.
(3)
Zone 3. Identified as that portion of the Wellhead Protection Management
Area which excludes those areas within Zone 1 and Zone 2:
(a)
Permitted uses in Zone 3. All uses listed as permitted in Zone
1 and Zone 2. Individuals and/or facilities may make a request to
the Village Board to permit additional land uses in Zone 3.
(4)
Mapping. The location and boundaries of the zoning districts established
by this section are set forth on the attached Exhibit "A" on file
with the Clerk-Treasurer, which is incorporated herein and hereby
made a part of this chapter. This map, together with everything shown
thereon and all amendments thereto, shall be as much a part of this
chapter as though fully set forth and described herein.
F.
Review of permit application.
(1)
Review of applications. The Village of Baldwin Plan Commission shall
review all requests for approval of permits for land uses in the Groundwater
Protection Overlay District and make recommendations thereon to the
Village Board. All determinations shall be made by the Village Board
within 60 days of any request for approval; provided, however, that
this sixty-day-period of limitation may be extended by the Village
Board for good cause as determined in its sole and absolute discretion.
(2)
Review factors. Upon reviewing all requests for approval, the Plan
Commission and Village Board shall consider all of the following factors:
(a)
The Village's responsibility, as a public water supplier, to
protect and preserve the health, safety and welfare of its citizens.
(b)
The degree to which the proposed land use practice, activity
or facility may seriously threaten or degrade groundwater quality
in the Village of Baldwin or the Village's recharge area.
(c)
The economic hardship which may be faced by the landowner if
the application is denied.
(d)
The availability of alternative options to the applicant, and
the cost, effect and extent of availability of such alternative options.
(e)
The proximity of the applicant's property to other potential
sources of contamination.
(f)
The then-existing condition of the Village's groundwater public
water wells and well fields, and the vulnerability to further contamination.
(g)
The direction of flow of groundwater and other factors in the
area of the applicant's property which may affect the speed of the
groundwater flow, including topography, depth of soil, extent of aquifer,
depth to water table and location of private wells.
(h)
Any other hydrogeological data or information which is available
from any public or private agency or organization.
(i)
The potential benefit, both economic and social, from the approval
of the applicant's request for a permit.
(3)
Exemptions; conditional use requirement. Any exemptions granted will
require a conditional use permit which may include environmental and/or
safety monitoring which indicates whether the facility may be emitting
any releases or harmful contaminants to the surrounding environment.
The facility will be held financially responsible for all environmental
cleanup costs. The Village Board may require that a bond be posted
for future monitoring and cleanup costs if deemed necessary at the
time of granting an exemption.
(4)
Applicant's responsibility for costs. The applicant shall be solely
and exclusively responsible for any and all costs associated with
the application, including all of the following:
(a)
The cost of an environmental impact study if so required by
the Village of Baldwin or its designee.
(b)
The cost of groundwater monitoring or groundwater wells if required
by the Village of Baldwin or its designee.
(c)
The costs of an appraisal for the property or other property
evaluation expense if required by the Village of Baldwin or its designee.
(d)
The costs of Village employees' time associated in any way with
the application based on the hourly rate paid to the employee multiplied
by a factor, determined by the Village, representing the Village's
costs for expenses, benefits, insurance, sick leave, holidays, overtime,
vacation and other similar benefits.
(e)
The cost of Village equipment employed.
(f)
The cost of mileage reimbursed to the Village employees.
G.
Requirements for existing facilities and land uses.
(2)
Monitoring. Existing facilities shall provide additional environmental
or safety monitoring as deemed necessary by the Village of Baldwin,
specifically including the production of any and all environmental
statements detailing the extent of chemical use and storage on the
property.
(3)
Equipment replacement. Existing facilities shall replace equipment
or expand in a manner that improves the existing environmental and
safety technologies already in existence.
(4)
Emergency contingency plans. Existing facilities shall have the responsibility
of devising and/or filing with the Village of Baldwin a contingency
plan satisfactory to the Village Board for the immediate notification
of the appropriate Village of Baldwin officers in the event of an
emergency.
(5)
Existing agricultural uses. Property owners with an existing agricultural
use shall be exempt from requirements of this section as they relate
to restrictions on agricultural uses; provided, however, that such
exemption shall only apply to the property owners in existence at
the time of original passage of the section and this exemption shall
not constitute a covenant running with the land.
H.
Enforcement and penalties.
(1)
Cease and desist; cleanup. In the event an individual and/or facility
causes the release of any contaminants which endanger the Groundwater
Protection Overlay District, the individual/facility causing such
release shall immediately cease and desist and provide cleanup satisfactory
to the Village of Baldwin.
(2)
Cleanup costs. The individual/facility shall be responsible for all
costs of cleanup and any Village of Baldwin consultant fees at the
invoice amount plus administrative costs for oversight, review and
documentation, including all of the following:
(a)
The cost of Village employees' time associated in any way with
the cleanup based on the hourly rate paid to the employee multiplied
by a factor determined by the Village, representing the Village's
cost for expenses, benefits, insurance, sick leave, holidays, overtime,
vacation, and similar benefits.
(b)
The cost of Village equipment employed.
(c)
The cost of mileage reimbursed to the Village employees attributed
to the cleanup.
(3)
Additional monitoring. Following any such discharge, the Village may require additional test monitoring or other requirements as outlined in Subsection G herein.
(4)
Violations. It shall be unlawful to construct or use any structure,
land or water in violation of this section. Any person who is specifically
damaged by such violations may institute appropriate action or proceeding
to enjoin a violation of this section.
(5)
Penalties. Any person, firm or corporation who or which fails to
comply with the provisions of this section shall, upon conviction
thereof, forfeit not less than $500 nor more than $1,000 plus the
costs of the prosecution for each violation, and in default of payment
of such forfeiture and costs, shall be imprisoned in the county jail
until payment thereof, but not exceeding 30 days, or in the alternative
shall have such costs added to his or its real estate property tax
bill as a lien against the property. Each day a violation exists or
continues shall constitute a separate violation.
