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Brown Deer Village City Zoning Code

ARTICLE VI

MANUFACTURING DISTRICT

Sec. 121-218.- Purpose and intent.

The manufacturing district regulations are intended to govern the locations, types, scope and method of operations for industrial and allied establishments within the framework of the industrial growth goals of the village. The regulations are designed to preserve those lands designated on the village comprehensive plan for industrial and allied developments by preventing intrusions of structures and uses that do not complement or are not compatible with the use of such lands for desired industrial developments. In addition, uses hereafter established in the manufacturing district are regulated in accordance with their compliance with performance standards governing methods of operations. Thus, the regulations are intended to provide specific controls for governing tolerable levels of emission of noise, smoke and particulate matter, odors and other potential nuisances, and for providing adequate landscaped yards and other open areas in order to maintain desirable environmental qualities within the manufacturing district.

(Prior Code, § 22-5-5.01; Ord. of 9-20-1954, § 22-5-5.01)

Sec. 121-219. - Permitted uses.

The following are permitted uses in the manufacturing district:

(1)

Any establishment, the principal use of which is manufacturing, fabricating, processing, assembly, repairing, storing, cleaning, servicing, or testing of materials, goods, or products; provided that operations conform with performance standards and other requirements of this article, and that no lot shall be used or structure erected, altered, or remodeled for any of the following uses:

a.

Industrial uses. Abattoirs, arsenals, crematories, creosote treatment or manufacture, fat rendering, fertilizer manufacture, fireworks manufacture or storage, dumping or reduction of garbage, dead animals, offal, or refuse, ore refuse, ore reduction, petroleum processing or refining, pyroxylin manufacture, gutta percha manufacture or treatment, salt works, sauerkraut manufacture, smelters, stockyards or slaughter or animals or fowls, tallow, grease, or lard manufacture, cement, concrete, or asphaltic concrete, mortar or plaster batch mixing plants, or junkyards.

b.

Explosives. Activities involving the storage, utilization or manufacture of materials or products which decompose by detonation, except such as are specifically licensed by the village. Such materials shall include, but shall not be confined to, all primary explosives such as lead azide, lead styphnate, fulminates and tetracene, all high explosives such as TNT, RDX, HMX, PETN, and picric acid, propellants and components thereof such as nitrocellulose, black powder, boron hydrides, hydrazine and its derivatives, pyrotechnics and fireworks such as magnesium powder, potassium chlorate and potassium nitrate, blasting explosives such as dynamite and nitroglycerine, unstable organic compounds such as acetylides, tetrazoles, perchloric acid, perchlorates, chlorates, hydrogen peroxide in concentrations greater than 35 percent, and nuclear fuels, fissionable materials and products and reactor elements such as Uranium 235 and Plutonium 239.

(2)

Bottling works.

(3)

Cartage, express and parcel delivery establishments but not motor freight terminals.

(4)

Contractor's offices and shops.

(5)

Farmers market.

(6)

Laundries.

(7)

Mail-order houses.

(8)

Publishing and printing establishments.

(9)

Temporary buildings for construction purposes or real estate sales for a period not to exceed the duration of construction.

(10)

Trade schools.

(11)

Wholesale and jobbing establishments.

(12)

Accessory uses to the above permitted uses, including, but not limited to:

a.

Off-street parking and off-street loading; and

b.

Signs, as regulated in article IX of this chapter.

(13)

Towing operation.

(Prior Code, § 22-5-5.02; Ord. of 9-20-1954, § 22-5-5.02; Ord. No. 18-01, § I, 4-16-2018)

Sec. 121-220. - Conditional permitted uses.

The following are conditional permitted uses in the manufacturing district:

(1)

Amusement establishments, bowling alleys, billiard parlors, gymnasiums, swimming pools, ice skating rinks, and miniature, pitch-and-putt, par 3 or standard golf courses, golf driving ranges, swimming pools and clubs and recreation centers containing one or more of the above uses and other recreation uses as approved by the village board.

(2)

Animal hospitals and veterinarian offices.

(3)

Automobile accessory stores.

(4)

Bakeries, including sale of bakery products to restaurants, clubs, hotels, institutions, and similar establishments.

(5)

Battery and tire sales and service establishments.

(6)

Boat sales establishments, including accessory sales and repairs of motors, parts and equipment.

(7)

Building material sales establishments, such as dimension lumber, millwork, cabinets, and other building materials but not including milling, jointing, or manufacture of millwork.

(8)

Cartage, express and parcel delivery establishments, including motor freight terminals.

(9)

Catering establishments.

(10)

Clubs or lodges, private, fraternal, or religious.

(11)

Dry cleaning establishments.

(12)

Exhibition halls.

(13)

Financial institutions, including drive-in facilities.

(14)

Garages, storage, or off-street parking lots and structures, commercial or municipal.

(15)

Greenhouses, retail and wholesale sales.

(16)

Heliports, public and private, located on lots not less than one acre in area, and having a touchdown space which is enclosed by a fence, and which is not less than 100 feet in diameter. The landing area shall, as a minimum, have two approach-departure paths, with centerlines radiating from the center of the area forming an angle greater than 90 degrees which are no less than 75 feet in width and which are unobstructed above an imaginary plane extending from edge of the landing area at an incline of one foot vertically to each six feet horizontally.

(17)

Hospitals which are owned and operated as proprietary businesses organized as "for profit" entities.

(18)

Household appliances, stores and repair shops, including accessory rebuilding and wholesale sales of used appliances and radio and television sets.

(19)

Laboratories, medical, dental, optical.

(20)

Linen, towel, or diaper service establishments.

(21)

Liquor stores.

(22)

Meat markets, including sale of meats to restaurants, clubs, hotels, institutions, and similar establishments.

(23)

Medical or dental clinics or offices.

(24)

Meeting, convention, or exhibition halls.

(25)

Monument sales.

(26)

Motels, hotels or hotel apartments.

(27)

Motor vehicle sales establishments.

(28)

Newspaper offices, including printing.

(29)

Nursing homes.

(30)

Offices, professional, business, public or institutional.

(31)

Packing and crating establishments.

(32)

Parcel delivery stations.

(33)

Parks, athletic field, stadium, arenas or recreation.

(34)

Plumbing, electrical or heating fixtures and equipment, including sales, service and repair establishments.

(35)

Printing, publishing or lithography establishments.

(36)

Public utility and governmental service uses: Lot areas and lot widths for the following uses shall be as recommended by the plan commission and approved by the village board and may be lesser or greater in area or width than herein required in the district regulations:

a.

Electric distribution centers.

b.

Fire stations.

c.

Gas regulator stations.

d.

Police stations.

e.

Radio and television towers and antennas.

f.

Railroad rights-of-way.

g.

Transit and public transportation facilities, including passenger shelters.

h.

Telephone exchange buildings, microwave towers and telephone exchange transmission equipment buildings.

i.

Water filtration plants, pumping stations, reservoirs and towers and sanitary and storm sewer lift stations, public or community.

j.

Bicycle paths.

(37)

Restaurants, including entertainment, dancing and service of alcohol beverages, not including drive-ins.

(38)

Retail clothing and shoe sales.

(39)

Riding academies, provided buildings for shelter of horses are located not less than 200 feet from a lot used or intended for residential or institutional purposes, or not less than 50 feet from an interior side or rear lot line, and not less than 150 feet from a lot line adjoining a street.

(40)

Satellite earth station.

(41)

Schools, commercial.

(42)

Taverns.

(43)

Temporary buildings for construction purposes for a period not to exceed the duration of construction.

(44)

Theaters, but not including outdoor theaters.

(45)

Undertaking establishments and funeral parlors.

(46)

Vending machines, self-service, coin or currency operated.

(47)

Wholesale, jobbing and warehousing establishments.

(48)

Accessory uses to the above uses, including but not limited to:

a.

Off-street parking and off-street loading; and

b.

Signs, as regulated in article IX of this chapter.

(Prior Code, § 22-5-5.03; Ord. of 9-20-1954, § 22-5-5.03; Ord. No. 04-04, § V, 4-19-2004)

Sec. 121-221. - Performance standards.

Any use established in the M manufacturing district shall be operated so as to comply with the performance standard regulations prescribed in this article, and no use lawfully established prior to the effective date of this article shall be hereafter altered or modified so as to conflict with, or further conflict with, such performance standards.

(1)

Noise.

a.

Sound levels shall be measured with a sound level meter and associated octave band filter manufactured according to standards prescribed by the American Standards Association. Measurements shall be made using the flat network of the sound level meter.

b.

Impulsive type noises shall be subject to the performance standards prescribed in this article, and shall be those noises which cause fluctuations of the needle of the sound level meter with a variation of no more than plus or minus two decibels.

c.

Noise incapable of being so measured, such as those of an irregular and intermittent nature, shall be controlled so as not to become a nuisance to adjacent uses.

_____

d.

At any point on or beyond the boundary line of the district designated below, the sound pressure level of any operation or plain (other than background noises produced by sources under control of this article, such as the operation of motor vehicles or other transportation facilities) shall not exceed the decibel limits in the table shown below.

Octave Band Frequency
(cycles per second)
Maximum Permitted Sound Level (decibels)
Residence Districts Business and Manufacturing Districts
20 to 75 72 77
75 to 150 67 72
150 to 300 59 64
300 to 600 52 57
600 to 1,200 46 51
1,200 to 2,400 40 45
2,400 to 4,800 34 39
above to 4,800 32 37

 

(2)

Vibration.

a.

Any operation or activity which shall cause at any time and at any point, beyond the boundaries of the lot, earth borne vibrations other than background vibrations produced by some source not under control of this article, such as the operation of motor vehicles or other transportation facilities, in excess of any limits set forth in the table below is prohibited. In addition, any operation or activity which shall cause at any time and at any point in a residence district earth borne vibrations in excess of the limits set forth in the table is prohibited. Vibration shall be expressed as displacement in inches, and shall be measured with a three-component measuring system approved by the building inspector.

Frequency
(cycles per second)
Displacement at Boundaries of Lot (inches) Displacement at Any Point of Residential District (inches)
0 to 10 0.00008 0.0004
10 to 20 0.0005 0.0002
20 to 30 0.0002 0.0001
30 to 40 0.0002 0.0001
40 to over 0.0001 0.0001

 

b.

Impact vibrations which are discrete pulses that do not exceed 100 impulses per minute shall be permitted twice the displacements shown in the above table.

_____

(3)

Smoke and particulate matter.

a.

The emission of smoke or particulate matter in such manner or quantity as to be detrimental to or endanger the public health, safety, comfort, or welfare is hereby declared to be a public nuisance and shall be henceforth unlawful.

b.

For the purpose of grading the density or equivalent capacity of smoke, the Ringelmann Chart described in the bureau of mines information circular 6888 shall be employed. The emission of smoke or particulate matter of a density or equivalent greater than No. 1 on the Ringelmann Chart is prohibited at all times, except as otherwise provided hereinafter.

c.

The emission of smoke or particulate matter of a density greater than Ringelmann No. 1, but less than Ringelmann No. 3, is permitted once in any 24 hour day for no more than three minutes.

d.

Generated dust from such sources as storage areas, yards, roads, and so forth within lot boundaries shall be minimized by appropriate landscaping for all weather paving in order to prevent dispersion by wind.

e.

The emission of particulate matter from any chimney, stack, or vent, shall not exceed one-quarter pound per hour per acre of lot area.

(4)

Toxic matter. No use shall, for any period of time, discharge beyond the boundaries of the lot, toxic matter in such concentrations as to be detrimental to, or endanger the public health, safety, comfort, or welfare, or cause injury or damage to property or business.

(5)

Odors. The emission of odorous matter in excess of the odor threshold measured beyond the boundaries of the lot at ground level or at habitable elevation is prohibited.

(6)

Fire and explosion hazard.

a.

The storage, utilization or manufacture of solid materials ranging from incombustible to moderate burning is permitted.

b.

The storage or utilization of solid materials ranging from free or active burning to intense burning is permitted provided the following conditions are met:

1.

The materials shall be stored or utilized within completely enclosed buildings or structures having incombustible exterior walls and handled in accordance with the standards and regulations of the village and the National Fire Protection Association.

2.

All such buildings shall be set back at least 60 feet from all lot lines or in lieu thereof, shall be protected throughout by an automatic fire extinguishing system installed in accordance with the standards and regulations of the village and the National Fire Protection Association.

3.

Said materials, if stored outdoors, shall be no closer than 60 feet to the nearest lot line in conformance with the standards and regulations of the village and the National Fire Protection Association.

c.

The storage or utilization of flammable liquids or materials which produce flammable or explosive vapors shall be permitted in accordance with the following limitations, exclusive of storage in underground tanks and storage of finished products in original sealed containers:

1.

Said materials or products shall be stored or utilized within completely enclosed buildings having combustible exterior walls, and handled in accordance with the standards and regulations of the village and the National Fire Protection Association, and, in addition, all such buildings shall be set back at least 60 feet from all lot lines, or in lieu thereof, shall be protected throughout by an automatic fire extinguishing system installed in accordance with the standards and regulations of the village and the National Fire Protection Association.

_____

2.

The aboveground storage of flammable liquids in excess of the following quantities shall not be permitted:

Closed Cup Flash Point Quantity
(gallons)
Less than 24 degrees Fahrenheit 1,000
24 degrees Fahrenheit to less than 105 degrees Fahrenheit 2,000
105 degrees Fahrenheit to less than 187 degrees Fahrenheit 5,000
187 degrees Fahrenheit and higher 10,000

 

3.

The total of all flammable liquids permitted on any lot shall not exceed 10,000 gallons.

_____

(7)

Glare and heat. Any operation producing glare or heat shall be performed within a completely enclosed building in such a manner so as to not create a public nuisance or hazard beyond the boundaries of the lot.

(8)

Radiation hazards.

a.

The release of radioactive gases and particulate matter shall not exceed the maximum allowable concentration permitted the general population by applicable federal, state, and local laws and regulations when measured at or beyond the lot line at ground level or habitable elevation.

b.

No activity involving radiation hazards shall be permitted which causes exposure to persons at or beyond the lot lines in excess of the maximum allowable permitted the general population in applicable federal, state and local laws and regulations.

(9)

Performance standards; landscaping. All yards which adjoin a street shall be appropriately landscaped and retain the intended standards of the initial landscaping plan approved by the beautification/tree committee.

(Prior Code, § 22-5-5.04; Ord. of 9-20-1954, § 22-5-5.04)

Sec. 121-222. - Uses required to be enclosed.

All businesses, service, research, merchandise display, and manufacturing activities and operations shall be conducted wholly within completely enclosed buildings, except off-street parking, off-street loading and drive-in facilities where they are permitted. Outdoor storage of materials where permitted shall be completely enclosed within a solid fence and shall not be higher than such fence. No outdoor storage is permitted in a front or side yard or within 60 feet of a residence district.

(Prior Code, § 22-5-5.05; Ord. of 9-20-1954, § 22-5-5.05)

Sec. 121-223. - Lot area.

No minimum lot area is required within the manufacturing district; provided, however, the lot depth shall not be more than three times the lot width.

(Prior Code, § 22-5-5.06; Ord. of 9-20-1954, § 22-5-5.06)

Sec. 121-224. - Floor area ratio.

The floor area ratio within the manufacturing district shall be no more than 0.7.

(Prior Code, § 22-5-5.07; Ord. of 9-20-1954, § 22-5-5.07)

Sec. 121-225. - Setbacks.

(a)

Front. Within the manufacturing district front setbacks shall be not less than 35 feet in depth, except that, along street rights-of-way, the area extending from ten feet from the building to within ten feet from the street right-of-way may be occupied by drives, vehicular parking, sidewalks, landscaping and similar facilities. All area between the street right-of-way and building line which is not occupied by such facilities, including the ten feet adjoining the building, and the ten feet adjoining the street, shall be appropriately landscaped.

(b)

Side. Within the manufacturing district, there shall be two landscaped side setbacks aggregating not less than 20 feet neither of which may be less than five feet. Adjacent buildings shall be separated by no less than 20 feet. When abutting or across the street from a residence district, the side setback shall be not less than 150 feet in depth, measured from the zoning district boundary line. When a side setback abuts a street it shall be treated in the same manner as a front setback. Each interior side setback shall be increased by not less than one foot for each one foot of structure height over 35 feet. Where a side setback would abut a railroad right-of-way, none is required.

(c)

Rear. Within the manufacturing district, rear setbacks shall be not less than 30 feet in depth, except as follows:

(1)

When abutting a residence district, rear setbacks shall be not less than 100 feet in depth.

(2)

When abutting a railroad right-of-way, no rear setback is required.

(Prior Code, § 22-5-5.08; Ord. of 9-20-1954, § 22-5-5.08; Ord. No. 10-04, § I(Q), 4-19-2010)

Editor's note— Section I(Q) of Ord. No. 10-04, adopted April 19, 2010, changed the title of § 121-225 from "Yards" to "Setbacks."

Sec. 121-226. - Off-street parking and off-street loading.

Off-street parking and off-street loading shall be conducted in accordance with applicable regulations set forth in article VIII of this chapter.

(Prior Code, § 22-5-5.09; Ord. of 9-20-1954, § 22-5-5.09)