It is the intent of this article to use performance standards for the regulation of uses to facilitate a more objective and equitable basis for control and to ensure that the community is adequately protected from potential hazardous and nuisance-like effects. This article 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. No structure, land or water shall be used except in compliance with the district regulations and with the following environmental performance standards.

(Code 2003, § 13-1-120)

(a)

Water quality protection.

(1)

No activity shall located, store, discharge, or permit the discharge of any treated, untreated, or inadequately treated liquid, gaseous, or solid materials of the 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 the 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.

(2)

In addition, no activity shall withdraw water or discharge any liquid or solid materials so as to exceed, or contribute toward the exceeding of, those standards set forth in the state administrative code.

(b)

Noise. No activity or person shall make or assist in making any noise tending to unreasonably disturb the peace and quiet of persons in the vicinity thereof unless the making or continuing of the noise cannot be prevented and is necessary for the protection or preservation of property or of the health, safety, life or limb of some person.

(c)

Vibration.

(1)

No activity in any district shall emit vibrations which are discernable without instruments outside its premises. No activity shall emit vibrations which exceed the following displacement measured with a three-component measuring system:

(2)

Vibrations not directly under the control of the property user and vibrations from temporary construction or maintenance activities shall be exempt from the above standard.

(d)

Glare and heat. No activity shall emit glare or heat that is visible or measurable outside its premises, except activities in the industrial district 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.

(e)

Odor. No operation or activity shall emit any substance or combination of substances in the quantities that create an objectionable odor as defined in Wis. Admin. Code § NR 154.18.

(f)

Fire and explosive hazards. All activities involving the manufacturing, utilization, processing or storage of inflammable and explosive material 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.

(Code 2003, § 13-1-121)

(a)

Pollutants. No operation or activity shall emit any hazardous substances in such quantity, concentration or duration as to be injurious to human health or property, and all emissions of hazardous substances shall not exceed the limitations established in Wis. Admin. Code § NR 154.19.

(b)

Air pollution.

(1)

No operation or activity shall emit into the ambient air from any direct or portable source any matter that will affect visibility in excess of the limitations established in Wis. Admin. Code § NR 154.11(6).

(2)

No activity or operation shall be established or maintained which by reason of its nature causes emission of any fly ash, dust, fumes, vapors, mists or gases in the quantities as to cause soiling or danger to the health of persons, animals, vegetation or property. In no case shall any activity emit any liquid or solid particles in concentrations exceeding 0.3 grains per cubic foot of the conveying gas, or any color visible smoke equal to or darker than No. 2 on the Ringlemann Chart described in the United States Bureau of Mines' Information Circular 7718 in any industrial district.

(c)

Liquid or solid wastes. No activity shall discharge at any point onto any land or into any water or public sewer any materials of the nature, quantity, noxiousness, toxicity or temperature which can contaminate, pollute or harm the quantity or quality of any water supply; can cause the emission of dangerous or offensive elements; can overload the existing municipal utilities; or can injure or damage persons or property.

(d)

Water quality protection.

(1)

No activity shall locate, store, discharge, or permit the discharge of any treated, untreated, or inadequately treated liquid, gaseous, or solid materials of the 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 the 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.

(2)

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 and those other standards and the application of those standards set forth in Wis. Admin. Code ch. NR 102.

(Code 2003, § 13-1-122)

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

(Code 2003, § 13-1-123)

(a)

Purpose. The purpose of this section is to regulate the spill-over of light and glare on operators of motor vehicles, pedestrians, and land uses in the vicinity of a light source in order to promote traffic safety and to prevent the creation of nuisances.

(b)

Applicability. The requirements of this section apply to all private exterior lighting within the jurisdiction of this article, except for lighting within public rights-of-way or lighting located on public property.

(c)

Depiction on required site plan. Any and all exterior lighting shall be depicted as to its location, orientation and configuration on the site plan required for the development of the subject property.

(d)

Requirements.

(1)

Orientation of fixture. In no instance shall an exterior lighting fixture be oriented so that the lighting element (or a transparent shield) is visible from a property located within a residential zoning district. The use of shielded luminaries and careful fixture placement is encouraged so as to facilitate compliance with this requirement.

(2)

Intensity of illumination. In no instance shall the amount of illumination attributable to exterior lighting, as measured at the property line, exceed 0.50 footcandles above ambient lighting conditions on a cloudless night.

(3)

Location. Light fixtures shall not be located within required bufferyards.

(4)

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

(5)

Minimum lighting standards. All areas designated on required site plans for vehicular parking, loading, or circulation and used for any the purpose after sunset shall provide artificial illumination in the areas at a minimum intensity of 0.4 footcandles.

(6)

Nonconforming lighting. All lighting fixtures existing prior to the effective date of this section shall be considered as legal conforming uses.

(7)

Special events lighting. Any temporary use using exterior lighting which is not in complete compliance with the requirements of this section shall secure a temporary use permit.

(Code 2003, § 13-1-124)

Where floodproofing by means of elevating on fill is deemed inappropriate or impractical, and where floodproofing by means other than filling is permitted, floodproofing measures shall be in accordance with the following:

(1)

Floodproofing measures shall be designed to:

a.

Withstand the flood pressures, depth, velocities, uplift and impact forces, and other factors associated with the 100-year recurrence interval flood;

b.

Ensure protection to an elevation at least two feet above the elevation of the 100-year recurrence interval flood;

c.

Provide anchorage of structures to foundations to resist flotation and lateral movement; and

d.

Ensure that the structural walls and floors are watertight and completely dry without human intervention during flooding to a point at least two feet above the elevation of the 100-year recurrence interval flood.

(2)

No permit or variance shall be issued until the applicant submits a plan or document certified by a registered professional engineer or architect certifying that the floodproofing measures are adequately designed to protect the structure or development to a point at least two feet above the elevation of the 100-year recurrence interval flood for the particular area.

(3)

Floodproofing measures may include, but are not limited to:

a.

Reinforcement of walls and floors to resist rupture or collapse caused by water pressure or floating debris;

b.

Addition of mass or weight to structures to prevent floatation;

c.

Placement of essential utilities above the flood protection elevation.

d.

Surface subsurface drainage systems, including pumping facilities, to relieve external foundation wall and basement floor pressures;

e.

Construction of water supply wells, and waste treatment and collection systems to prevent the infiltration of floodwater into the systems;

f.

Cutoff valves on sewer lines and the elimination of gravity flow basement drains; or

g.

The construction of permanent or moveable watertight bulkheads, erection of permanent watertight shutters and doors, and installation of wire reinforced glass or glass block for windows.

(Code 2003, § 13-1-126)