(A) Prohibited uses. Well heads shall be adequately separated from potential sources of contamination and, therefore, the following uses are prohibited in the Well Head Protection Areas for Well Nos. 5, 8, 9, 10, 11 and 12:
(1) Any use that violates the minimum separation distances identified in Wis. Admin. Code NR. § 811.12(5)(d). Any future amendments, revisions or modifications to Wis. Admin. Code NR § 811.12(5)(d) are intended to be made part of and adopted in this chapter.
(2) All other uses prohibited in a Well Head Protection Area by federal or state laws or regulations.
(B) Permitted uses. Any use of property that does not constitute a prohibited use under division (A) of this section is permitted in the Well Head Protection Areas for Well Nos. 5, 8, 9, 10, 11 and 12, so long as the use complies with the regulations applicable to the underlying zoning district of the Medford Comprehensive Zoning Code, as amended from time-to-time by the Medford Common Council.
(C) Non-conforming uses. The continued lawful use of a building, premises, structure or fixture existing at the time of the adoption of this ordinance shall not be prohibited although the use does not conform to this ordinance. Nonconforming uses shall be governed by Wis. Stats. § 62.23, as amended from time to time. Costs incurred for improvements made to a nonconforming use that facilitate or enhance groundwater protection shall not be considered when determining whether the total structural repairs or alterations in a non-conforming building, premises, structure or fixture during its life exceed 50% of the assessed value of the building, premises, structure or fixture. The City, in its sole discretion, shall determine which improvements facilitate or enhance groundwater protection and identify the costs for said improvements. In addition, the following requirements apply to the owner of the property on which there is a nonconforming use:
(1) The owner shall provide copies of all federal, state, and local facility operation approvals or certificates to the City Director of Public Works or his/her designee.
(2) The owner shall provide all ongoing environmental monitoring results to the City Director of Public Works or his/her designee.
(3) The owner shall provide additional environmental or safety structures or monitoring as deemed necessary by the City, which may include, but is not limited to, storm water runoff management and monitoring.
(4) The owner shall replace or expand equipment in a manner that improves the existing environmental and safety technologies already in existence.
(5) The owner shall prepare and file with the City a contingency plan satisfactory to the City Director of Public Works or his/her designee for the immediate notification of City officials in the event of an unauthorized release of a contaminant to the ground, groundwater, or surface water within a Well Head Protection Area.
(Ord. 1028, passed 12-5-17) Penalty, see § 1.1.99