§ 42-82. HG High Groundwater Overlay District.

(a)

Application. This overlay district is intended to apply to those lands that are mapped as having hydric soil conditions (depth to groundwater of one foot or less) according to the Soil Survey of Milwaukee and Waukesha Counties published by the USDA Soil Conservation Service. Many of these lands contain wetlands and floodplains and, accordingly, are mapped with a C-1 Conservancy Overlay District designation. Other lands with such soil conditions are presently in agricultural use by virtue of either cultivation, pasture or in some other way, and which if they were not being used for agricultural purposes, would be classified as conservancy lands due to inherent wet soil characteristics and the presence of natural vegetation indicative of wet soils.

(b)

Purpose. The intent of this overlay district is to preserve and maintain agricultural or open space uses on lands suited for such purposes. These lands are generally poorly suited for urban or suburban development, while lands outside of wetlands are typically better suited for some type of agricultural use. In this overlay district structures related to farm operations, including existing dwellings, are deemed consistent with the purpose and intent of this section where the location of buildings associated with the permitted agricultural operation are found to conform with health, sanitation and safety provisions of this and any other state regulation or local ordinance. The intent for mapping purposes is that lands within this overlay district shall have exhibited agricultural uses in the past. It is not the intent of this section to promote or permit the conversion of wetlands.

(c)

District. Where on-site evaluation of soil conditions by a certified soil scientist reveals that soils mapped by the USDA as being hydric are found to be erroneously mapped, the land zoned HG High Groundwater Overlay District shall immediately become subject to the district regulations of the zoning district that is mapped on the balance of the property. If no other zoning district has previously been established on another part of the parcel, the lands shall be zoned as used administratively by the town zoning administrator.

(d)

Use regulations. The following use regulations shall apply in the HG district:

(1)

Permitted uses: Any use permitted in the EC Environmental Overlay District.

(2)

Conditional uses: Commercial and residential ponds, et al.

(e)

Location, height and area. Building location, height regulations, and area requirements are based on the underlying zoning district.

(f)

Lot size.

(1)

Minimum parcel size: Five acres, except that for HG lands that lie within a larger parcel or tract of land, the remainder of which is zoned in any other district, said parcel shall comply with the minimum lot size and lot width requirement of the non-HG district.

(2)

Minimum width: 300 feet.

(Ord. of 10-24-2017, § 13-3-3c)