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Brillion City Zoning Code

ARTICLE XI

PERFORMANCE STANDARDS

Sec. 106-264.- Compliance with article provisions.

This chapter permits specific uses in specific districts. These performance standards are designed to limit, restrict and prohibit the effects of those uses outside their premises or district. All structures, land, air and waters shall hereafter, in addition to their use and site regulations, comply with the performance standards of this article.

(Ord. No. OR98-24, § I(106.1101), 10-26-1998)

Sec. 106-265. - Air pollution.

No person or activity shall emit any fly ash, dust, fumes, vapors, mists or gases in such quantities so as to substantially contribute to exceeding state or federal air pollution standards.

(Ord. No. OR98-24, § I(106.1102), 10-26-1998)

Sec. 106-266. - Fire and explosive hazards.

All activities involving the manufacturing, utilization, processing or storage of flammable or explosive materials shall be provided with adequate safety devices against the hazard of fire and explosion and with adequate firefighting and fire suppression equipment and devices that are standard in the industry. All materials that range from active to intense burning shall be manufactured, utilized, processed or stored only within completely enclosed buildings which have incombustible exterior walls and an automatic fire extinguishing system. The aboveground storage capacity of materials that produce flammable or explosive vapors shall not exceed 50,000 gallons.

(Ord. No. OR98-24, § I(106.1103), 10-26-1998)

Sec. 106-267. - Glare and heat.

No activity shall emit glare or heat that is visible or measurable outside its premises except activities which may emit direct or sky reflected glare which shall not be visible outside their district. All operations producing intense glare or heat shall be conducted within a completely enclosed building. Exposed sources of light shall be shielded so as not to be visible outside their premises.

(Ord. No. OR98-24, § I(106.1104), 10-26-1998)

Sec. 106-268. - Water quality protection.

(a)

No activity shall locate, store, discharge or permit the discharge of any treated, untreated or inadequately treated liquid, gaseous or solid materials of such nature, quantity, obnoxiousness, toxicity or temperature that might run off, seep, percolate or wash into surface or subsurface waters so as to contaminate, pollute or harm such waters or cause nuisances such as objectionable shore deposits, floating or submerged debris, oil or scum, color, odor, taste or unsightliness, or be harmful to human, animal, plant or aquatic life.

(b)

In addition, no activity shall withdraw water or discharge any liquid or solid materials so as to exceed or contribute toward the exceeding of the minimum standards set forth in Wis. Admin. Code ch. NR 102.

(Ord. No. OR98-24, § I(106.1105), 10-26-1998)

Sec. 106-269. - Noise.

No activity in any manufacturing district shall produce a sound level outside the district boundary that exceeds the following sound level measured by a sound level meter and associated octave level filter:

Octave Band Frequency
(cycles per second)
Sound Level
(decibels)
    0 to   75 79
   75 to  150 74
  150 to  300 66
  300 to  600 59
  600 to 1,200 53
1,200 to 2,400 47
2,400 to 4,800 41
Above 4,800 39

 

No activity in any other district shall produce a sound level outside its premises that exceeds the following:

Octave Band Frequency
(cycles per second)
Sound Level
(decibels)
   0 to   75 72
   75 to  150 67
 150 to  300 59
 300 to  600 52
 600 to 1,200 46
1,200 to 2,400 40
2,400 to 4,800 34
Above 4,800 32

 

All noise shall be so muffled or otherwise controlled as not to become objectionable due to intermittence, duration, beat frequency, impulse character, periodic character or shrillness.

(Ord. No. OR98-24, § I(106.1106), 10-26-1998)

Sec. 106-270. - Odors.

No activity shall emit any odorous matter of such nature or quantity as to be offensive, obnoxious or unhealthful outside their premises. The guide for determining odor measurement and control shall be Wis. Admin. Code ch. NR 154 and amendments thereto.

(Ord. No. OR98-24, § I(106.1107), 10-26-1998)

Sec. 106-271. - Radioactivity and electrical disturbances.

No activity shall emit radioactivity or electrical disturbances outside its premises that are dangerous or adversely affect the use of neighboring premises.

(Ord. No. OR98-24, § I(106.1108), 10-26-1998)

Sec. 106-272. - Vibration.

No activity in any district, except I-2 heavy industrial district, shall emit vibrations which are discernible without instruments outside its premises. No activity shall emit vibrations which exceed the following displacement measured with a three-component measuring system:

Displacement (inches)
  Frequency
(cycles per second)
Outside the Premises Outside the District
 0 to 10 0.0020 0.0004
10 to 20 0.0010 0.0002
20 to 30 0.0006 0.0001
30 to 40 0.0004 0.0001
40 to 50 0.0003 0.0001
50 and over 0.0002 0.0001

 

(Ord. No. OR98-24, § I(106.1109), 10-26-1998)

Sec. 106-273. - Lighting.

No exterior lighting used for parking lots, recreational facilities, product display or security shall be permitted to spill over on operators of motor vehicles, pedestrians and uses of land in the vicinity of the light source. These requirements shall not apply to lighting placed in a public right-of-way for public safety or approved municipal recreation facilities.

(1)

Type. Shielded luminaries, or luminaries with cutoff optics and careful fixture placement, shall be required so as to facilitate compliance with this section.

(2)

Orientation. Exterior lighting fixtures shall be oriented so that the lighting element (or a transparent shield) does not throw rays onto neighboring properties. Light rays shall not be directed into street rights-of-way or upward into the atmosphere.

(3)

Minimum lighting standards. All areas designated on approved site plans for vehicular parking, loading or circulation, and used for any such purpose after sunset, shall provide artificial illumination in such areas at a minimum intensity of 0.4 footcandles, exclusive of approved antivandal lighting. This standard shall not apply to properties in agricultural and single-family residential districts.

(4)

Intensity of illumination. The intensity of illumination, measured at the property line, shall not exceed 0.5 footcandles.

(5)

Location. Light fixtures shall not be permitted within required buffer yards.

(6)

Flashing, flickering and other distracting lighting. Flashing, flickering and other distracting lighting which may distract motorists is prohibited.

(7)

Nuisances. Lighting which creates or becomes a public nuisance is not permitted.

(8)

Low voltage accent lighting. Low voltage accent lighting (12 volts or less) is exempt from the requirements of this section.

(9)

Nonconforming lighting. All lighting fixtures approved prior to the adoption the ordinance from which this chapter is derived shall be treated as and regulated as legal nonconforming uses. (See sections 106-220 and 106-221.)

(10)

Recreation or sports lighting. Recreation or sports lighting must be turned off at 10:30 p.m.

(Ord. No. OR98-24, § I(106.1110), 10-26-1998)