Black Earth Village
City Zoning Code
City Zoning Code
ARTICLE IX
Special Provisions
§ 310-53 Mobile home parks. [1]
No mobile home parks or trailer parks or campgrounds are permitted within any of the districts of the Village, except that trailer parks and campgrounds are permitted as a conditional use in the RD and Conservancy Districts.
§ 310-54 Performance standards for manufacturing uses.
All manufacturing uses listed in the conditional use classification in the Industrial District regulations shall give evidence of ability to comply with the following standards before the issuance of a building permit or certificate of occupancy. Continued compliance shall be required during the operation of such uses and activities. No use already established on the effective date of this chapter shall be so altered or modified as to conflict with or further conflict with the performance standards established hereafter.
A.
Vibration. No operation which creates vibrations which are readily detectable without the use of instruments at any point along lot lines shall be permitted.
B.
Radioactivity. No operation shall be permitted which causes radioactivity in violation of Title 10, Chapter 1, Part 20, Code of Federal Regulations, Standards for Protection Against Radiation, dated June 16, 1957, and any subsequent revisions or amendments.
C.
Odor. No emission of odorous gas or other odorous matter in such quantity as to be readily detectable at any point along lot lines with use of instruments shall be permitted.
D.
Toxic or noxious matter. No discharge beyond lot lines of any toxic or noxious matter in such quantity as to be detrimental to or endanger the public health, safety, comfort or welfare or cause injury or damage to property and/or business shall be permitted.
E.
Glare. No direct or reflected glare shall be detectable from any residential district. If such glare is detectable, adequate buffering by fence, hedge, or wall shall be constructed to alleviate the condition.
F.
Heat. No direct or reflected heat shall be detectable without instrument from any commercial or residential district boundaries. If such heat is detectable, adequate buffering by fence, hedge, or wall shall be constructed to alleviate the condition.
G.
Dust. No solid or liquid particles shall be emitted in concentrations exceeding 0.3 grain per cubic foot of the conveying gas or air.
H.
Ash. No emission of fly ash in excess of the quantity specified in the following table shall be permitted. For heat content between any two consecutive heat contents given in the table, the fly ash limitations shall be determined by means by interpolation.
Heat of Fuel Burned (British Thermal Unit per hour) | Fly Ash Rate of Emission (pounds per hour) | |
|---|---|---|
1,000,000 | 1 | |
100,000,000 | 100 | |
400,000,000 | 330 | |
1,000,000,000 | 750 | |
2,000,000,000 | 1,365 | |
3,000,000,000 | 1,850 | |
4,000,000,000 | 2,260 | |
5,000,000,000 | 2,640 | |
6,000,000,000 | 2,950 | |
7,000,000,000 | 3,200 | |
8,000,000,000 | 3,410 | |
10,000,000,000 | 3,750 |
I.
Smoke. No emission of smoke from any source as measured in the Ringelmann Chart published by the United States Bureau of Mines shall be permitted in excess of the following:
J.
Sound. At no point on or beyond the boundary of any lot in an industrial district shall the sound-pressure level resulting from any use or activity, whether open or enclosed (except noises not directly under control of the property user, noises resulting from the construction and maintenance of buildings and facilities, including site preparation, and the noises of safety signals, warning devices, railroads and airports), exceed the maximum permitted decibel levels for the designated octave band as set forth in the table below:
Octave Band Frequency (cycles per second) | Sound-Pressure Level (decibels) | |
|---|---|---|
0 to 74 | 79 | |
75 to 149 | 74 | |
150 to 299 | 66 | |
300 to 599 | 59 | |
600 to 1,199 | 53 | |
1,200 to 2,399 | 47 | |
2,400 to 4,799 | 41 | |
4,800 and over | 39 | |
(Note: Where an industrial district abuts a district permitting residences, the maximum permitted decibel levels at any point on or beyond the district boundary shall be reduced by six decibels from the maximum permitted level in the table.) | ||
§ 310-55 Private swimming pools.
A private swimming pool, as regulated herein, shall be any pool, pond, lake or open tank not located within a completely enclosed building and containing or normally capable of containing water to a depth at any point greater than 1 1/2 feet. No such swimming pool shall be allowed in any residence district or the Rural Development District except as an accessory use and unless it complies with the following conditions and requirements:
A.
The pool is intended and is to be used solely for the enjoyment of the occupants of the principal use of the property on which it is located.
B.
All yard requirements of the district in which it is located shall apply.
C.
The swimming pool, or the entire property on which it is located, shall be so walled or fenced as to prevent uncontrolled access by children from the street or from adjacent properties by a fence not less than four feet in height maintained in good condition.
[Amended 6-12-2006 by Ord. No. 06-O-4; 11-6-2007 by Ord. No. 2007-O-12]
§ 310-56 Animal hospitals.
Animal hospitals shall be located no closer than 100 feet to any residential district, restaurant, hotel or motel in any district and shall show that adequate measures and controls shall be taken to prevent offensive noise and odor. No incineration of refuse shall be permitted on the premises. An animal hospital may only be erected as a conditional use granted in accordance with the terms of this chapter.
§ 310-57 Guest houses.
Guest houses without kitchen facilities may be constructed in rear yards, provided that they are a minimum of 10 feet from any other building and provided that all other yard requirements of this chapter for a principal building are complied with.
§ 310-58 Country club; golf course.
No building shall be located within 100 feet of any property line. Facilities such as restaurants and bars may be permitted when conducted and entered from within the building. Swimming pools, tennis courts and the like shall be located not less than 25 feet from any property line, and adjoining property in any residence or commercial district shall be effectively protected by a wall, hedge and/or screen planting.
§ 310-59 Animal feed and sales yards, riding academies and stables.
No animal feed yards, animal sales yards, riding academies or public stables shall be located within the Village. This does not eliminate the right of any present farm operation to be continued with the limitations hereinbefore provided.
§ 310-60 Agricultural processing plants.
Agricultural processing plants in any residence district which process agricultural products produced on the premises or within a contiguous area shall be so located as to provide convenient trucking access with a minimum of interference to normal traffic and shall provide parking and loading spaces. The proponent shall show that adequate measures shall be taken to control odor, dust, noise and waste disposal so as not to constitute a nuisance and shall show that the proposed source of water will not deprive others of normal supply.
§ 310-61 Drive-in theaters.
Drive-in theaters shall be located only on major or secondary thoroughfares, shall provide ingress and egress so designed as to minimize traffic congestion, shall be located sufficiently distant from any residence district, except the RD Residence District, or an existing dwelling and so screened from such district or dwelling that any noise shall not disturb residents and shall maintain lighted signs and other lights only in such a way as not to disturb neighboring residents.
§ 310-62 Golf driving ranges and amusement parks.
Golf driving ranges and amusement parks shall be located on major or secondary thoroughfares or nonresidential property. Golf driving platforms shall be not less than 200 feet from any adjacent residence district, except the RD Residence District, or an existing dwelling. A temporary certificate may be granted to be in force for one year only, which certificate may be renewed for a period of one year at the expiration of such certificate, provided that all requirements of this chapter have been and can continue to be complied with.
§ 310-63 Cemeteries, crematories and mausoleums.
A cemetery, crematory, mausoleum or columbarium shall provide entrance on a major street or road with ingress and egress so designed as to minimize traffic congestion, shall provide required off-street parking space and shall provide a minimum six-foot-high wall or minimum three-foot-thick, six-foot-high evergreen hedge or provide a minimum 20 feet of permanently maintained planting strip on all property lines abutting any R District or residential street.
§ 310-64 Community buildings, social halls and lodges.
Community buildings, social halls, lodges, fraternal organizations and club buildings must be a minimum of 20 feet from the side lot lines and 50 feet from the rear lot line. There shall be no external evidence of any gainful activity, however incidental, nor any access to any space used for gainful activity other than from within the building. Any such use must be located on a major or secondary thoroughfare or be able to provide access without causing heavy traffic on local residential streets. Community buildings, private clubs, lodges, and social or recreational establishments may engage in retail sales for guests only, provided that:
A.
There shall be no external evidence of any gainful activity, however incidental, nor any access to any space used for gainful activity other than from within the building.
B.
That there be no harm to adjacent existing or potential residential development due to excessive traffic generation or noise or other circumstances.
§ 310-65 Nursing homes.
Approval must be obtained from proper agencies concerning health and safety conditions, and said home must be licensed by such agencies, and said use must meet space requirements specified in § 310-25F of this chapter.
§ 310-66 Hospitals, churches and other institutions.
Hospitals, churches or other religious or eleemosynary institutions shall be located on a major street on a minimum parcel of 1/2 acre and shall maintain a ten-foot-wide minimum landscaped strip on all property lines abutting all residence districts, except the RD Residential District, and on all residential streets.
§ 310-67 Fertilizer plants and yards.
Fertilizer plants and yards shall be no closer than 200 feet to any residence district, except the RD Residence District, shall provide automobile parking and truck loading area together with ingress and egress so designed to minimize traffic hazard and congestion, and shall show that odor, dust, noise, and drainage shall not constitute a nuisance to surrounding properties.
§ 310-68 Storage of flammable or explosive materials.
Aboveground storage of materials or products rated as fast burning, or which produce flammable or explosive vapors or gases in quantities over 1,000 gallons, will only be permitted in the I District, provided that such storage area is not less than 600 feet distant from any other zoning district. Such storage area must be provided with adequate safety devices against the hazard of fire and explosion and adequate fire suppression and fire-fighting equipment and devices standard to the industry and shall meet the requirements of other applicable Village ordinances.
§ 310-69 Amusement centers, bowling alleys and dance halls.
[Amended 6-12-2006 by Ord. No. 06-O-4]
Amusement centers, bowling alleys, dance halls and similar places of amusement shall provide parking with ingress and egress designed so as to minimize traffic congestion, shall not be less than 20 feet from any property line, shall provide a minimum six-foot privacy fence or masonry wall separating parking areas from abutting residential property and shall show that adequate controls or measures will be taken to prevent offensive noise and vibration. Any of the above presently in use may be continued, and exceptions may be granted by the Village Board to the above provisions in the event of the conversion of any present commercial building to any of the above purposes.
§ 310-70 Nursery schools and day-care centers.
[Amended 6-12-2006 by Ord. No. 06-O-4]
A nursery school or day-care center for more than 15 children shall maintain a minimum six-foot-high privacy fence combined with a minimum three-foot-wide shrub planting area or a minimum six-foot-high masonry wall next to any property line abutting a residential district. A nursery school for more than 15 children shall be located only on a minimum lot of 10,000 square feet and shall not develop excessive traffic on local residential streets.
§ 310-71 Temporary tract offices.
A temporary tract office in any district shall be located on the property to which it is appurtenant and shall be limited to a six-month period, at the expiration of which time the applicant may request a further extension of time. Otherwise the tract office shall be removed at the expense of the owner.
§ 310-72 Mineral extraction.
A.
Permit required; exceptions.
(1)
The extractions from or deposits on the earth of rock, stone, gravel, sand, earth, minerals, or building or construction materials shall not be construed to be a permitted use in any district established by this chapter unless and until a zoning permit shall first have been secured therefor, except for the following defined extractions and deposits:
(a)
Excavations for the foundations or basement of any building or for a swimming pool for which a zoning permit and a building permit have been issued, or deposits on the earth of any building or construction materials to be used in a structure for which such zoning permit and building permit have been issued.
(b)
Grading of any parcel of land for a permitted use where no bank is left standing and exposed of more than 10 feet in vertical height or when less than 1,000 cubic yards of earth is removed from the premises.
(c)
Grading in a subdivision which has been approved by the Village in accordance with Chapter 295, Subdivision of Land, of this Code and any amendments thereto.
(d)
Excavations by any public agency or public utility for the installation, operation, inspection, repair or replacement of any of its facilities.
(2)
Any quarry existing and operating as such on the effective date of this section shall obtain a new use permit and conform to the provisions of this chapter within one year of the adoption of this chapter.
B.
Conditional extraction permit.
(1)
Granted by Village Board. The Village Board shall have the power to grant conditional zoning permits, revocable and valid for specified periods of time, to permit extractions from or deposits on the earth of rock, stone, gravel, earth, minerals or building or construction materials.
(2)
Building Inspector to inspect at applicant's cost. The Building Inspector shall make such inspections as he deems necessary or as are required by the Village Board to ensure that all work is in accordance with the use permit. All inspection services shall be paid for by the applicant at the actual cost to the Village.
(3)
Conditions to be imposed. The conditions under which a use permit for excavation from or depositing on the earth of said materials may be issued may include, but are not limited to, any requirements deemed necessary to protect the public health, safety, comfort, convenience or general welfare, including but not limited to insurance against liability arising from production or activities or operations incident thereto; completion of the work and cleaning up and planting in accordance with approved plans; designation of area in which work may be done; designation of the slope to which excavation may be made or the grade of filling; provisions for controlling dust; hours during which operations may proceed; precautions which must be taken to guide safe traffic movements in and around and by said operation; enclosure by fences of exterior boundaries of property to be used; posting of a good and sufficient bond to assure compliance with the use permit; and any other conditions deemed necessary by the Village Board.
§ 310-73 Residential radio or television antenna towers.
[Added 1-2-2001 by Ord. No. 00-O-9]
A. RADIO OR TELEVISION ANTENNA TOWER
Definitions. As used in this section, the following terms shall have the meanings indicated:
Any structure, whether freestanding or attached to an existing building or structure, that is designed and constructed primarily for the purpose of supporting one or more noncommercial antennas, including self-supporting lattice towers, guy towers or monopole towers. The term includes radio and television reception and transmission towers, alternative tower structures and the like, used solely for noncommercial purposes by the owner, occupant, or tenant of the property.
B.
Installation restrictions. No radio or television antenna tower shall be erected or installed within the front yard or side yard. The rear setback and the side setback in the rear yard shall be that for the principal structure within the respective zoning district. The exact location and installation of the antenna tower shall be subject to approval by the Village Board. Any antenna attached to the wall or roof of any principal or accessory structure shall be subject to the structure being constructed to carry all imposed loading. The Building Inspector may require engineering calculations to support proposed installations.
C.
Height restrictions. No radio or television antenna tower shall exceed a height of 20 feet above the roofline of the building on the property upon which the antenna is located or 60 feet above the ground measured at grade level, whichever is the minimum.
D.
Safety code compliance. Radio and television antenna towers shall be erected and installed in accordance with the Wisconsin State Electrical Code, National Electrical Safety Code and the instructions of the manufacturer. In cases of conflict, the stricter requirements shall govern.
§ 310-74 Communication towers.
[Added 1-2-2001 by Ord. No. 00-O-9[1]]
A. COMMUNICATION TOWER
Definitions. As used in this section, the following terms shall have the meanings indicated:
Any structure, whether freestanding or attached to an existing building or structure, that is designed and constructed primarily for the purpose of supporting one or more antennas, including self-supporting lattice towers, guy towers or monopole towers. The term includes radio and television transmission towers, microwave towers, common carrier towers, cellular telephone towers, alternative tower structures and the like, used for commercial purposes. Residential radio and television antenna towers are governed by § 310-73 of this chapter.
B.
Safety code compliance. Communication towers shall be erected and installed in accordance with the Wisconsin State Electrical Code, National Electrical Safety Code, and all other applicable building codes and federal and state laws and regulations and the instructions of the manufacturer. In cases of conflict, the stricter requirements shall govern. The applicant or owner seeking to install communication tower equipment shall present to the Village credible evidence establishing to a reasonable degree of certainty that the tower will not cause electromagnetic interference with equipment on any existing communication tower(s) or other electronic devices, including but not limited to radios, televisions, and telephones, within the area in which the applicant's equipment must be located, and that the equipment on any existing communication tower(s) will not cause interference with the applicant's equipment.
C.
Procedure and standards for the placement, construction or modification of communication towers. This subsection provides the procedures and standards for issuance of conditional use permits for the placement, construction or modification of communication towers as defined in Subsection A of this section.
(1)
Permit required. It is intended that conditional use permits shall be issued under this section to accommodate the expansion of wireless communication technology while minimizing the number of tower sites through the requirement that permitted towers be placed or constructed so that they may be utilized for the collocation of antenna arrays to the extent technologically and economically feasible.
(2)
Requirement for conditional use permit. No conditional use permit for the placement or construction of a tower shall be issued unless the applicant presents to the Village Board credible evidence establishing to a reasonable degree of certainty the following:
(a)
No existing communication tower is located within the area in which the applicant's equipment must be located;
(b)
No existing communication tower within the area in which the applicant's equipment must be located is of sufficient height to meet the applicant's requirements and the deficiency in height cannot be remedied at a reasonable cost;
(c)
No existing communication tower within the area in which the applicant's equipment must be located has sufficient structural strength to support the applicant's equipment and the deficiency in structural strength cannot be remedied at a reasonable cost;
(d)
The applicant's equipment would cause electromagnetic interference with equipment on the existing communication tower(s) within the area in which the applicant's equipment must be located or the equipment on the existing communication tower(s) would cause interference with the applicant's equipment and the interference, from whatever source, cannot be eliminated at a reasonable cost;
(e)
The fees, costs or contractual provisions required by the owner in order to collocate on an existing communication tower are unreasonable relative to industry norms; or
(f)
The applicant demonstrates that there are other factors that render existing communication towers unsuitable or unavailable and establishes that the public interest is best served by the placement or construction of a new communication tower.
(3)
Impediments to collocation. The cost of eliminating impediments to collocation shall be deemed reasonable if it does not exceed 25% of the cost of constructing a new tower on which to mount the applicant's equipment.
(4)
Third party consultation. In the event the Village Board determines that it is necessary to consult with a third party in considering the factors listed in Subsection C(2) above, all reasonable costs and expenses associated with such consultation shall be borne by the applicant. Failure to pay such costs and expenses or provide information requested by the Village Board shall be grounds for denial or revocation of a conditional use permit. The applicant may provide to the Village Board the names of consultants which the applicant believes are qualified to assist in resolving the issues before the Village Board.
(5)
Height restriction. No communication towers shall exceed a height of 200 feet above the ground measured at grade level. In applying the standards and criteria set forth in this section to applications for conditional use permits for the placement or construction of a communication tower, the Village Board shall, unless it is shown to be unreasonable, condition the grant of the permit upon the applicant placing or constructing the communication tower so as to accommodate, at a minimum height of 150 feet, the collocation of two additional antenna arrays similar in size and function to that placed on the tower by the applicant. Collocation sites need not be available on the tower as initially placed or constructed, provided that the tower will support at the specified minimum height the later addition of the required number of collocation sites. Notwithstanding the height and number of collocation sites on the tower, design approved and permitted under this section shall be for a tower of 150 feet in height and shall include the required collocation sites. The holder of a permit under this section shall make the collocation sites required hereunder available for the placement of technologically compatible antenna arrays and equipment upon contractual provisions which are standard in the industry and at prevailing market rates allowing the permit holder to recoup the cost of providing the collocation sites and a fair return on investment.
(6)
Permit required for modifications. Unless otherwise provided herein, a conditional use permit is required for any modification of a communication tower which significantly alters the appearance or structural integrity of the tower or which involves the installation of antenna or equipment differing in size and function from that previously installed on the tower. The Village Board shall apply the standards under § 310-43A(1) through (5) of this chapter when considering an application for a conditional use permit to allow the modification of an existing communication tower. In addition, the Village Board shall consider the reasonableness, based on economic and technological feasibility, of conditioning the grant of the conditional use permit upon modifying the tower in a manner which would accommodate the collocation of one or more additional antenna arrays.
(7)
Proof of compliance. Upon written inquiry by the Village Board, the recipient of a conditional use permit under this section shall have the burden of presenting credible evidence establishing to a reasonable certainty the continued compliance with all conditions placed upon the conditional use permit. Failure to establish compliance with all conditions placed upon the conditional use permit shall be grounds for revocation of the permit. In the event the Village Board determines that it is necessary to consult with a third party to ascertain compliance with conditions on a conditional use permit, all reasonable costs and expenses associated with such consultation shall be borne by the holder of the subject conditional use permit. Failure to pay such costs and expenses or provide information requested by the Village Board shall be grounds for revocation of the conditional use permit. The holder of the subject conditional use permit may provide to the Village Board the names of consultants which the permit holder believes are qualified to assist in resolving the issues before the Village Board. In any event, where a dispute arises under this section involving an applicant for a conditional use permit and the holder of a conditional use permit hereunder, the Village Board may allocate consulting costs and expenses between the applicant and permit holder.
(8)
Collocation on existing towers. A conditional use permit shall not be required for collocation on an existing tower permitted under this section, provided that the collocated antenna array or equipment is similar in size and function to that installed by the holder of the conditional use permit for the tower, does not significantly alter the appearance or structural integrity of the tower approved and permitted under this section, and is fully in compliance with all conditions contained in the original conditional use permit. The holder of the conditional use permit for any tower on which collocation occurs shall, within 30 days of such collocation, provide the Village Board with written notification of the identity of the collocator and the nature of the equipment installed. Within 30 days of the date on which any collocated use ceases, the permit holder shall provide the Village Board with written notice of the cessation of such use.
(9)
Incidental buildings. The holder of a conditional use permit for a tower and any user collocating under this section shall each be permitted to construct a building of no more than 14 feet in height and 314 square feet in floor area for use directly incidental and necessary to the use of the tower. Two or more users of the tower may build a single building with a floor area of no more that 314 square feet per user sharing the building. Buildings constructed or used by tower collocators shall be subject to conditions established for the conditional use permit for the tower.
(10)
Identification of transmission equipment. Conditional use permits issued hereunder shall identify the primary type or types of transmission equipment which is to be placed on the subject communication tower. Any communication tower on which the transmission equipment so identified is no longer placed or used for a continuous period of 12 months shall, upon notification by the Village Board, be removed by the holder of the conditional use permit issued under this section. If the tower is not removed within 60 days of such notification, the Village may remove the tower at the expense of the holder of the conditional use permit.
(11)
Applicant's disclosure of plans. The Village Board may require that an applicant for a conditional use permit under this section provide information regarding the applicant's then current plans for future placement or construction of communication towers in, or within 1 1/2 miles of, the Village limits in addition to the tower which is the subject of the application.
(12)
Tower height. The height of a communication tower shall be calculated as the overall vertical height of any structure, whether freestanding or attached to an existing building or structure, including all antenna and equipment attached to such tower, above the ground.
(13)
Abandonment and removal. When one or more antennas, a tower, an antenna support structure, or related equipment is not operated for the provision of communication services, as such services are defined above in Subsection A, for a continuous period of 12 months or more, such antenna, tower, antenna support structure, or related equipment may be deemed to be abandoned by the Village. The owner of such an antenna, tower, antenna support structure, or related equipment shall remove such items within 90 days following the mailing of written notice that the removal is required. Such notice shall be sent by certified or registered mail, return receipt requested, by the Village to such owner at the last known address of such owner. If two or more providers of communication services use the tower, antenna support structure, or related equipment to provide communication services, then the period of nonuse under this provision shall be measured from the cessation of operation at the location of such tower, antenna support structure or related equipment by all such providers.