Burlington City Zoning Code
ARTICLE IX
Performance Standards
§ 315-90 Intent; compliance required.
This chapter permits specific uses in specific districts, and these performance standards are designed to limit, restrict, and prohibit the effects of those uses outside their premises or district. All structures, lands, air, and waters shall hereafter, in addition to their use, site, and sanitary regulations, comply with the following performance standards.
§ 315-91 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 established state or federal air pollution standards.
§ 315-92 Fire and explosive hazards.
All activities involving the manufacturing, utilization, processing, or storage of flammable and explosive materials shall be provided with adequate safety devices against the hazard of fire and explosion and with adequate fire-fighting 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 and stored only in completely enclosed buildings which have incombustible exterior walls and an automatic fire extinguishing system. The above-ground storage capacity of materials that produce flammable or explosive vapors shall not exceed the following:
Closed Cup Flash Point | Gallons | |
|---|---|---|
Over 187º F. | 400,000 | |
105º F. to 187º F. | 200,000 | |
Below 105º F. | 100,000 |
§ 315-93 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.
§ 315-94 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 violate, or contribute toward the violation of, the water quality standards for the surface waters of the City, including the Fox River, the White River, and wetlands, as those standards are set forth in Chs. NR 102 to 105, Wis. Admin. Code.
[Amended 11-18-2003 by Ord. No. 1740(20)]
§ 315-95 Noise.
[Amended 9-5-2017 by Ord. No. 2029(6)]
A.
Sound limitation.
(1)
The maximum allowable hourly average sound level emitted from any stationary sound source shall not exceed the limits set forth in Table 1 when measured at the nearest lot line of premises from which sound complaints are received.
Land Use Category | Time | One-Hour Average Sound Level (dBA) |
|---|---|---|
Manufacturing districts and quarrying/extractive districts | Any time | 75 |
Business districts | Any time | 70 |
All other zoning districts | 10:00 p.m. to 7:00 a.m. 7:00 a.m. to 10:00 p.m. | 55 60 |
(2)
"Average sound level" means a sound level typical of the sound levels observed at a certain place during a given period of time averaged by the general rule of combination for sound levels, such general rule being set forth in ANSI specifications for sound level meters. "Average sound level" is also called "equivalent continuous sound level (Leq)."
(a)
Correction for ambient conditions.
[1]
Where the ambient sound level influences a measurement at a property boundary, such sound will be accounted for by applying the following correction factors:
If the ambient sound level is less than the sound source by: | Add the following to the sound limit: |
|---|---|
0 to 1 dBA | 3 dBA |
2 to 3 dBA | 2 dBA |
4 to 9 dBA | 1 dBA |
[2]
If the ambient sound level is greater than the sound limit, the sound source shall not be allowed to exceed the ambient level.
[3]
"Ambient sound level" means the sound pressure level of all-encompassing sounds associated with a given environment, being a composite of many sounds. For the purposes of this chapter, such term is the sound pressure level exceeded 90% of the time, based upon a measurement of not less than 10 minutes and excluding the alleged offensive sounds.
(3)
Exemptions. The provisions of this section shall not apply to:
(a)
Any sounds allowed under other provisions of the City of Burlington Code of Municipal Ordinances. This shall expressly include, but not be limited to, sounds allowed under § 219-3 and/or this Chapter 315 of the Code of Municipal Ordinances (such as, but not limited to, a variance and/or a conditional use permit).
(b)
Any sounds generated in a manufacturing, business, and/or quarrying/extractive district that do not comply with the sound levels of this chapter, but which are nonetheless still approved by the City of Burlington Common Council, because the noncompliant sound is, as determined by the Common Council, in its sole and absolute discretion, (i) necessary for the conducting of the lawful activities otherwise allowed on the site in question, but (ii) such noncompliant sound is not reasonably capable of being made compliant for technical and/or economic reasons, and (iii) such noncompliant sound is not contrary to the public safety, health, and welfare of the community. The approval of the Common Council of the noncompliant sound may be subject to such conditions and/or limitations as the Common Council may determine.
B.
Method of measurement.
(1)
Equipment. Sound measurement shall be made with a sound level meter manufactured according to the specifications of the American National Standards Institute, USA Standard Specifications for General Purpose Sound Level Meters and Preferred Center Frequencies for Acoustical Measurements, or any subsequent nationally adopted standards superseding the above standards.
(2)
Location and interpretation. Sound measurement shall be made at the nearest lot line of premises from which sound complaints are received and shall be made at a height of at least three feet above the ground and at least three feet away from walls, barriers, obstructions or sound reflective surfaces. Where the nature of the sound level permits, the slow response setting shall be used to obtain the sound level on the sound level meter.
C.
Application for exemption stays prosecution. If a person or entity is given a citation in the City of Burlington Municipal Court system for a violation of this chapter, and if that person/entity so cited applies for an exemption from the said sound violation under above Subsection A(2)(b) of this ordinance within 15 calendar days after the date of the issued citation, the action in the Municipal Court shall be stayed until the Common Council makes its determination under above Subsection A(2)(b). If the Common Council approves the application filed under Subsection A(2)(b) for the allowance of the noncompliant sound (whether with or without conditions or limitations), the legal proceeding in the Municipal Court shall then be dismissed.
§ 315-96 Odors.
[Amended 7-5-1994 by Ord. No. 1477(6)]
No activity shall emit any odorous matter of such nature or quantity as to be offensive, obnoxious, or unhealthful outside its premises. The guide for determining odor measurement and control shall be § NR 429.03, Wis. Admin. Code, and amendments thereto.
§ 315-97 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.
§ 315-98 Vibration.
No activity in any 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 | .0020 | .0004 |
Over 10 to 20 | .0010 | .0002 |
Over 20 to 30 | .0006 | .0001 |
Over 30 to 40 | .0004 | .0001 |
Over 40 to 50 | .0003 | .0001 |
Over 50 | .0002 | .0001 |