Ashland City Zoning Code

PART 7

Performance Standards

7.1 Performance Standards

Applicability. No land or building in any district shall be used or occupied in a manner so as to create any dangerous, injurious, noxious, or otherwise objectionable fire, explosive, or other hazard; noise or vibration; smoke, dust, odor, or other form of air pollution; heat, cold, dampness; electrical or other substance, condition, or element in such a manner, or in such amount, as to adversely affect the surrounding area or adjoining premise.
Administration and Enforcement.
1. Measurement. The determination of the existence of any objectionable elements shall be made at the location of the use creating the same and at any points where the existence of such elements may be more apparent; provided, however, that the measurements necessary for enforcement of performance standards set forth in this Section shall be taken at the parcel lines.
2. Notification. The Zoning Administrator, Building Inspector, Public Works Director, Police Chief, or other Authorized Agent shall give written notice, by registered mail or other means insuring a signed receipt for such notice, to the person or persons responsible for the alleged violation. The notice shall describe the particulars of the alleged violation and the reasons why the Zoning Administrator, Building Inspector, Public Works Director, Police Chief, or other Authorized Agent believes there is a violation in fact, and shall require an answer or correction of the alleged violation to the satisfaction of the Zoning Administrator, Building Inspector, Public Works Director, Police Chief, or other Authorized Agent within a time limit set by such agent. The notice shall state, and it is hereby declared, that failure to reply or to correct the alleged violation to the satisfaction of the Zoning Administrator, Building Inspector, Public Works Director, Police Chief, or other Authorized Agent within the time limit set constitutes admission of violation of the terms of this Ordinance.
3. Cost of determination. The notice specified in Subparagraph 2 above shall further state that upon request of those to whom it is directed, technical determinations as described in this Ordinance will be made, and that if violations as alleged are found, costs of such determinations shall be charged against those responsible for the violation, in addition to such other penalties as may be appropriate.
4. Violation corrections. If there is no reply to the notice specified in Subparagraph 2 above within the time limit set, but the alleged violation is corrected to the satisfaction of the Zoning Administrator, Building Inspector, Public Works Director, Police Chief, or other Authorized Agent, he or she shall note “violation corrected” on his or her copy of the notice, and shall retain it among his or her official records, taking such other action as may be warranted.
5. Enforcement. If there is no reply to the notice specified in Subparagraph 2 above within the time limit set (thus establishing admission of the violations) and the alleged violation is not corrected to the satisfaction of the Zoning Administrator, Building Inspector, Public Works Director, Police Chief, or other Authorized Agent within the time limit set, he or she shall proceed to take or cause to be taken such action as is warranted by continuation of a violation after notice to cease.
6. Extensions. If reply to the notice specified in Subparagraph 2 above is received within the time limit set indicating the alleged violation will be corrected to the satisfaction of the Zoning Administrator, Building Inspector, Public Works Director, Police Chief, or other Authorized Agent, but requesting additional time, said agent may grant an extension if he or she deems it warranted in the circumstances of the case and if the extension will not, in his or her opinion, cause imminent peril to life, health, or property.
7. Expert findings. If reply to the notice specified in Subparagraph 2 above is received in the time limit set requesting technical determination as provided in this Section, and if the alleged violation continues, the Zoning Administrator, Building Inspector, Public Works Director, Police Chief, or other Authorized Agent may call in properly qualified experts to make determinations. If the expert findings indicate violation of the performance standards, the costs of the determinations shall be assessed against the properties or persons responsible for the violation, in addition to such other penalties as may be appropriate under the provisions of this Ordinance.
8. Additional enforcement provisions. Even though compliance with the performance standards procedures in obtaining a development permit is not required for a particular use, initial and continued compliance with performance standards is required of every use, and provisions for enforcement of continued compliance shall be invoked by the Zoning Administrator, Building Inspector, Public Works Director, Police Chief, or other Authorized Agent against any use if there are reasonable grounds to believe that performance standards are being violated by such use.
9. State of Wisconsin regulations. The Wisconsin Department of Natural Resources, Division of Environmental Protection, pollution control standards shall take precedence over the above regulations except where the provisions of this Ordinance are higher.
Noise. It shall be unlawful for any person to willfully make or continue, or cause to be made, any loud, unnecessary, or unusual noise which disturbs the peace of any neighborhood or which causes discomfort or annoyance to any reasonable person of normal sensitiveness residing in the area pursuant to City of Ashland Ordinance 202.
Fire and Explosion Hazards. All activities involving and all storage of inflammable and explosive materials shall be provided at any point with adequate safety devices against the hazard of fire and explosion and adequate firefighting and fire suppression equipment and devices standard in the industry. Burning of waste materials in open fires shall be prohibited at any point. Fire and explosion hazards shall be further subject to the applicable federal, state, and local laws and regulations.
Radioactivity or Electric Disturbances. No activities shall be permitted that emit dangerous radiation. Radioactive emissions shall be further subject to applicable federal, state, and local laws and regulations.

Vibration.

In all zoning districts except the MCI, LI, HI, and W-I Districts, no vibration, except during temporary construction activity, shall be permitted that is discernible without instruments beyond the parcel line of the source.

In the MCI, LI, HI, and W-I Districts, there shall be no operation or activity that would cause ground transmitted vibrations in excess of the limits set forth in Table 7.1.B: Maximum Vibration Levels at the boundary of this district under any conditions, nor beyond the parcel line if it would adversely affect any other use within the district. Vibrations shall be further subject to applicable federal, state, and local laws and regulations.

Table 7.1.A: Maximum Vibration Levels
Frequency Cycles per Second	Maximum Permitted Displacement at Industrial District Boundaries in Inches
0 to 10	0.0008
10 to 20	0.0005
20 to 30	0.0002
30 to 40	0.0002
40 and Over	0.0001

Noxious Odors. No emission of noxious odorous gases or other noxious odorous matter in such quantities as to be readily detectable should be permitted beyond the parcel lines of the source. Any process that may involve the creation or emission of any noxious odors shall be provided with a secondary safeguard system, so that control will be maintained if the primary safeguard system should fail. Noxious odors shall be further subject to applicable federal, state, and local laws and regulations.
Smoke. No emission shall be emitted of visible gray smoke of a shade equal to or darker than No. 2 on the Ringelmann chart, except that visible gray smoke of a shade to No. 3 of such chart may be emitted four (4) minutes in any thirty (30) minutes. These provisions applicable to visible gray smoke shall also apply to visible smoke of a different color, but with an apparently equivalent capacity. Smoke shall be further subject to applicable federal, state, and local laws and regulations.
Fly Ash, Dust, Fumes, Vapors, Gases, and Other Forms of Air Pollution. No emission shall be permitted that can cause any damage to health, animals, vegetation, or other forms of property, or any excessive soiling, at any point. No sulfur dioxide at the parcel line or beyond in excess of 1.0 part per million in a twenty (20) minute period of any hour or average exposure in excess of 0.1 part per million in any eight (8) hour period, nor shall any gas be emitted that contains sulfur dioxide in excess of two thousand (2,000) parts per million. Fly ash, dust, fumes, vapors, gases, and other forms of air pollution shall be further subject to applicable federal, state, and local laws and regulations.
Exterior Lighting, Glare, and Heat. All lighting shall be arranged so as to deflect light away from any adjoining residences. No direct or sky-reflected glare, whether from floodlights or from high temperature processes such as combustion or welding or otherwise so as to be visible at the parcel line of the source shall be permitted. Exterior lighting, glare, and heat shall be further subject to applicable federal, state, and local laws and regulations including, but not limited to, Section 6.7: Exterior Lighting.
Liquid and Solid Waste. No waste shall be discharged in the public sewer system that is dangerous to the public health and safety. No waste shall be discharged into a storm sewer or roadside ditch or drainage area except clear and unpolluted water. Liquid and solid waste shall be further subject to applicable federal, state, and local laws and regulations, including but not limited to, City of Ashland Ordinance 711 and Ordinance 712.

Ashland City Zoning Code

PART 7

Performance Standards

7.1 Performance Standards

Applicability. No land or building in any district shall be used or occupied in a manner so as to create any dangerous, injurious, noxious, or otherwise objectionable fire, explosive, or other hazard; noise or vibration; smoke, dust, odor, or other form of air pollution; heat, cold, dampness; electrical or other substance, condition, or element in such a manner, or in such amount, as to adversely affect the surrounding area or adjoining premise.
Administration and Enforcement.
1. Measurement. The determination of the existence of any objectionable elements shall be made at the location of the use creating the same and at any points where the existence of such elements may be more apparent; provided, however, that the measurements necessary for enforcement of performance standards set forth in this Section shall be taken at the parcel lines.
2. Notification. The Zoning Administrator, Building Inspector, Public Works Director, Police Chief, or other Authorized Agent shall give written notice, by registered mail or other means insuring a signed receipt for such notice, to the person or persons responsible for the alleged violation. The notice shall describe the particulars of the alleged violation and the reasons why the Zoning Administrator, Building Inspector, Public Works Director, Police Chief, or other Authorized Agent believes there is a violation in fact, and shall require an answer or correction of the alleged violation to the satisfaction of the Zoning Administrator, Building Inspector, Public Works Director, Police Chief, or other Authorized Agent within a time limit set by such agent. The notice shall state, and it is hereby declared, that failure to reply or to correct the alleged violation to the satisfaction of the Zoning Administrator, Building Inspector, Public Works Director, Police Chief, or other Authorized Agent within the time limit set constitutes admission of violation of the terms of this Ordinance.
3. Cost of determination. The notice specified in Subparagraph 2 above shall further state that upon request of those to whom it is directed, technical determinations as described in this Ordinance will be made, and that if violations as alleged are found, costs of such determinations shall be charged against those responsible for the violation, in addition to such other penalties as may be appropriate.
4. Violation corrections. If there is no reply to the notice specified in Subparagraph 2 above within the time limit set, but the alleged violation is corrected to the satisfaction of the Zoning Administrator, Building Inspector, Public Works Director, Police Chief, or other Authorized Agent, he or she shall note “violation corrected” on his or her copy of the notice, and shall retain it among his or her official records, taking such other action as may be warranted.
5. Enforcement. If there is no reply to the notice specified in Subparagraph 2 above within the time limit set (thus establishing admission of the violations) and the alleged violation is not corrected to the satisfaction of the Zoning Administrator, Building Inspector, Public Works Director, Police Chief, or other Authorized Agent within the time limit set, he or she shall proceed to take or cause to be taken such action as is warranted by continuation of a violation after notice to cease.
6. Extensions. If reply to the notice specified in Subparagraph 2 above is received within the time limit set indicating the alleged violation will be corrected to the satisfaction of the Zoning Administrator, Building Inspector, Public Works Director, Police Chief, or other Authorized Agent, but requesting additional time, said agent may grant an extension if he or she deems it warranted in the circumstances of the case and if the extension will not, in his or her opinion, cause imminent peril to life, health, or property.
7. Expert findings. If reply to the notice specified in Subparagraph 2 above is received in the time limit set requesting technical determination as provided in this Section, and if the alleged violation continues, the Zoning Administrator, Building Inspector, Public Works Director, Police Chief, or other Authorized Agent may call in properly qualified experts to make determinations. If the expert findings indicate violation of the performance standards, the costs of the determinations shall be assessed against the properties or persons responsible for the violation, in addition to such other penalties as may be appropriate under the provisions of this Ordinance.
8. Additional enforcement provisions. Even though compliance with the performance standards procedures in obtaining a development permit is not required for a particular use, initial and continued compliance with performance standards is required of every use, and provisions for enforcement of continued compliance shall be invoked by the Zoning Administrator, Building Inspector, Public Works Director, Police Chief, or other Authorized Agent against any use if there are reasonable grounds to believe that performance standards are being violated by such use.
9. State of Wisconsin regulations. The Wisconsin Department of Natural Resources, Division of Environmental Protection, pollution control standards shall take precedence over the above regulations except where the provisions of this Ordinance are higher.
Noise. It shall be unlawful for any person to willfully make or continue, or cause to be made, any loud, unnecessary, or unusual noise which disturbs the peace of any neighborhood or which causes discomfort or annoyance to any reasonable person of normal sensitiveness residing in the area pursuant to City of Ashland Ordinance 202.
Fire and Explosion Hazards. All activities involving and all storage of inflammable and explosive materials shall be provided at any point with adequate safety devices against the hazard of fire and explosion and adequate firefighting and fire suppression equipment and devices standard in the industry. Burning of waste materials in open fires shall be prohibited at any point. Fire and explosion hazards shall be further subject to the applicable federal, state, and local laws and regulations.
Radioactivity or Electric Disturbances. No activities shall be permitted that emit dangerous radiation. Radioactive emissions shall be further subject to applicable federal, state, and local laws and regulations.

Vibration.

In all zoning districts except the MCI, LI, HI, and W-I Districts, no vibration, except during temporary construction activity, shall be permitted that is discernible without instruments beyond the parcel line of the source.

Table 7.1.A: Maximum Vibration Levels
Frequency Cycles per Second	Maximum Permitted Displacement at Industrial District Boundaries in Inches
0 to 10	0.0008
10 to 20	0.0005
20 to 30	0.0002
30 to 40	0.0002
40 and Over	0.0001

Noxious Odors. No emission of noxious odorous gases or other noxious odorous matter in such quantities as to be readily detectable should be permitted beyond the parcel lines of the source. Any process that may involve the creation or emission of any noxious odors shall be provided with a secondary safeguard system, so that control will be maintained if the primary safeguard system should fail. Noxious odors shall be further subject to applicable federal, state, and local laws and regulations.
Smoke. No emission shall be emitted of visible gray smoke of a shade equal to or darker than No. 2 on the Ringelmann chart, except that visible gray smoke of a shade to No. 3 of such chart may be emitted four (4) minutes in any thirty (30) minutes. These provisions applicable to visible gray smoke shall also apply to visible smoke of a different color, but with an apparently equivalent capacity. Smoke shall be further subject to applicable federal, state, and local laws and regulations.
Fly Ash, Dust, Fumes, Vapors, Gases, and Other Forms of Air Pollution. No emission shall be permitted that can cause any damage to health, animals, vegetation, or other forms of property, or any excessive soiling, at any point. No sulfur dioxide at the parcel line or beyond in excess of 1.0 part per million in a twenty (20) minute period of any hour or average exposure in excess of 0.1 part per million in any eight (8) hour period, nor shall any gas be emitted that contains sulfur dioxide in excess of two thousand (2,000) parts per million. Fly ash, dust, fumes, vapors, gases, and other forms of air pollution shall be further subject to applicable federal, state, and local laws and regulations.
Exterior Lighting, Glare, and Heat. All lighting shall be arranged so as to deflect light away from any adjoining residences. No direct or sky-reflected glare, whether from floodlights or from high temperature processes such as combustion or welding or otherwise so as to be visible at the parcel line of the source shall be permitted. Exterior lighting, glare, and heat shall be further subject to applicable federal, state, and local laws and regulations including, but not limited to, Section 6.7: Exterior Lighting.
Liquid and Solid Waste. No waste shall be discharged in the public sewer system that is dangerous to the public health and safety. No waste shall be discharged into a storm sewer or roadside ditch or drainage area except clear and unpolluted water. Liquid and solid waste shall be further subject to applicable federal, state, and local laws and regulations, including but not limited to, City of Ashland Ordinance 711 and Ordinance 712.

Ashland City Zoning Code

PART 7

Performance Standards

7.1 Performance Standards

Applicability. No land or building in any district shall be used or occupied in a manner so as to create any dangerous, injurious, noxious, or otherwise objectionable fire, explosive, or other hazard; noise or vibration; smoke, dust, odor, or other form of air pollution; heat, cold, dampness; electrical or other substance, condition, or element in such a manner, or in such amount, as to adversely affect the surrounding area or adjoining premise.
Administration and Enforcement.
1. Measurement. The determination of the existence of any objectionable elements shall be made at the location of the use creating the same and at any points where the existence of such elements may be more apparent; provided, however, that the measurements necessary for enforcement of performance standards set forth in this Section shall be taken at the parcel lines.
2. Notification. The Zoning Administrator, Building Inspector, Public Works Director, Police Chief, or other Authorized Agent shall give written notice, by registered mail or other means insuring a signed receipt for such notice, to the person or persons responsible for the alleged violation. The notice shall describe the particulars of the alleged violation and the reasons why the Zoning Administrator, Building Inspector, Public Works Director, Police Chief, or other Authorized Agent believes there is a violation in fact, and shall require an answer or correction of the alleged violation to the satisfaction of the Zoning Administrator, Building Inspector, Public Works Director, Police Chief, or other Authorized Agent within a time limit set by such agent. The notice shall state, and it is hereby declared, that failure to reply or to correct the alleged violation to the satisfaction of the Zoning Administrator, Building Inspector, Public Works Director, Police Chief, or other Authorized Agent within the time limit set constitutes admission of violation of the terms of this Ordinance.
3. Cost of determination. The notice specified in Subparagraph 2 above shall further state that upon request of those to whom it is directed, technical determinations as described in this Ordinance will be made, and that if violations as alleged are found, costs of such determinations shall be charged against those responsible for the violation, in addition to such other penalties as may be appropriate.
4. Violation corrections. If there is no reply to the notice specified in Subparagraph 2 above within the time limit set, but the alleged violation is corrected to the satisfaction of the Zoning Administrator, Building Inspector, Public Works Director, Police Chief, or other Authorized Agent, he or she shall note “violation corrected” on his or her copy of the notice, and shall retain it among his or her official records, taking such other action as may be warranted.
5. Enforcement. If there is no reply to the notice specified in Subparagraph 2 above within the time limit set (thus establishing admission of the violations) and the alleged violation is not corrected to the satisfaction of the Zoning Administrator, Building Inspector, Public Works Director, Police Chief, or other Authorized Agent within the time limit set, he or she shall proceed to take or cause to be taken such action as is warranted by continuation of a violation after notice to cease.
6. Extensions. If reply to the notice specified in Subparagraph 2 above is received within the time limit set indicating the alleged violation will be corrected to the satisfaction of the Zoning Administrator, Building Inspector, Public Works Director, Police Chief, or other Authorized Agent, but requesting additional time, said agent may grant an extension if he or she deems it warranted in the circumstances of the case and if the extension will not, in his or her opinion, cause imminent peril to life, health, or property.
7. Expert findings. If reply to the notice specified in Subparagraph 2 above is received in the time limit set requesting technical determination as provided in this Section, and if the alleged violation continues, the Zoning Administrator, Building Inspector, Public Works Director, Police Chief, or other Authorized Agent may call in properly qualified experts to make determinations. If the expert findings indicate violation of the performance standards, the costs of the determinations shall be assessed against the properties or persons responsible for the violation, in addition to such other penalties as may be appropriate under the provisions of this Ordinance.
8. Additional enforcement provisions. Even though compliance with the performance standards procedures in obtaining a development permit is not required for a particular use, initial and continued compliance with performance standards is required of every use, and provisions for enforcement of continued compliance shall be invoked by the Zoning Administrator, Building Inspector, Public Works Director, Police Chief, or other Authorized Agent against any use if there are reasonable grounds to believe that performance standards are being violated by such use.
9. State of Wisconsin regulations. The Wisconsin Department of Natural Resources, Division of Environmental Protection, pollution control standards shall take precedence over the above regulations except where the provisions of this Ordinance are higher.
Noise. It shall be unlawful for any person to willfully make or continue, or cause to be made, any loud, unnecessary, or unusual noise which disturbs the peace of any neighborhood or which causes discomfort or annoyance to any reasonable person of normal sensitiveness residing in the area pursuant to City of Ashland Ordinance 202.
Fire and Explosion Hazards. All activities involving and all storage of inflammable and explosive materials shall be provided at any point with adequate safety devices against the hazard of fire and explosion and adequate firefighting and fire suppression equipment and devices standard in the industry. Burning of waste materials in open fires shall be prohibited at any point. Fire and explosion hazards shall be further subject to the applicable federal, state, and local laws and regulations.
Radioactivity or Electric Disturbances. No activities shall be permitted that emit dangerous radiation. Radioactive emissions shall be further subject to applicable federal, state, and local laws and regulations.

Vibration.

In all zoning districts except the MCI, LI, HI, and W-I Districts, no vibration, except during temporary construction activity, shall be permitted that is discernible without instruments beyond the parcel line of the source.

Table 7.1.A: Maximum Vibration Levels
Frequency Cycles per Second	Maximum Permitted Displacement at Industrial District Boundaries in Inches
0 to 10	0.0008
10 to 20	0.0005
20 to 30	0.0002
30 to 40	0.0002
40 and Over	0.0001

Noxious Odors. No emission of noxious odorous gases or other noxious odorous matter in such quantities as to be readily detectable should be permitted beyond the parcel lines of the source. Any process that may involve the creation or emission of any noxious odors shall be provided with a secondary safeguard system, so that control will be maintained if the primary safeguard system should fail. Noxious odors shall be further subject to applicable federal, state, and local laws and regulations.
Smoke. No emission shall be emitted of visible gray smoke of a shade equal to or darker than No. 2 on the Ringelmann chart, except that visible gray smoke of a shade to No. 3 of such chart may be emitted four (4) minutes in any thirty (30) minutes. These provisions applicable to visible gray smoke shall also apply to visible smoke of a different color, but with an apparently equivalent capacity. Smoke shall be further subject to applicable federal, state, and local laws and regulations.
Fly Ash, Dust, Fumes, Vapors, Gases, and Other Forms of Air Pollution. No emission shall be permitted that can cause any damage to health, animals, vegetation, or other forms of property, or any excessive soiling, at any point. No sulfur dioxide at the parcel line or beyond in excess of 1.0 part per million in a twenty (20) minute period of any hour or average exposure in excess of 0.1 part per million in any eight (8) hour period, nor shall any gas be emitted that contains sulfur dioxide in excess of two thousand (2,000) parts per million. Fly ash, dust, fumes, vapors, gases, and other forms of air pollution shall be further subject to applicable federal, state, and local laws and regulations.
Exterior Lighting, Glare, and Heat. All lighting shall be arranged so as to deflect light away from any adjoining residences. No direct or sky-reflected glare, whether from floodlights or from high temperature processes such as combustion or welding or otherwise so as to be visible at the parcel line of the source shall be permitted. Exterior lighting, glare, and heat shall be further subject to applicable federal, state, and local laws and regulations including, but not limited to, Section 6.7: Exterior Lighting.
Liquid and Solid Waste. No waste shall be discharged in the public sewer system that is dangerous to the public health and safety. No waste shall be discharged into a storm sewer or roadside ditch or drainage area except clear and unpolluted water. Liquid and solid waste shall be further subject to applicable federal, state, and local laws and regulations, including but not limited to, City of Ashland Ordinance 711 and Ordinance 712.