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.

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 city, state, or federal air pollution standards.

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 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, 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 those permitted by the city Fire Code or the following:

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.

(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 and those other standards and the application of those standards set forth in Chapter NR 102 of the Wisconsin Administrative Code.

(a)

No activity in a M-l, M-2, or M-3 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 band filter:

(b)

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

(c)

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. 2001-30)

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 Chapter 13, Air Pollution Abatement Manual—1960, prepared by the Manufacturing Chemists' Association, Inc., Washington, D.C.

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

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:

It is the intent of this article to describe performance standards for the regulation of industrial and commercial uses in the M-3 Business Park District to establish an objective and equitable basis for control and to insure that the community is adequately protected from potential hazardous and nuisance-like effects. These performance standards are designed to limit, restrict, and prohibit the effects of those uses outside their premises or zoning district. In addition, these performance standards are intended to comply with other applicable local, state and federal codes and standards. All structures, lands, air and water shall hereafter comply with the following performance standards.

(Ord. No. 95-02)

Operations or activities which emit into the ambient air from any direct or portable source any matter that will affect air quality shall perform in accord with the limitations and procedures established in Ch. NR 400 through NR 449, Wis. Adm. Code. Hazardous pollutants are specifically controlled in accord with NR 445.

(Ord. No. 95-02)

(a)

Operations or activities which emit into the ambient air from any direct or portable source any particulate emissions shall perform in accord with the limitations and procedures established in Ch. NR 415, Wis. Adm. Code, or in other applicable Chapters which regulate particulate emission.

(b)

Fugitive dust and other types of emissions and air pollution from sources such as storage areas, outdoor operation yards, and roads or parking lots with any lot shall be kept to a minimum by appropriate paving, spraying/watering, application of suitable chemicals, landscaping, or other acceptable and environmentally safe methods in accord with Ch. NR 415.04, Wis. Adm. Code.

(Ord. No. 95-02)

No operation or activity shall emit any substance or combination of substances in such quantities that create an objectionable odor as defined in Ch. NR 429, Wis. Adm. Code.

(Ord. No. 95-02)

(a)

All uses 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 as may be required by the Cedarburg Fire Prevention Code.

(b)

All materials that range from active to intense burning shall be manufactured, utilized, processed, and stored only in completely enclosed buildings which have noncombustible exterior walls and an automatic fire extinguishing system.

(c)

The storage of fuels and other materials that produce flammable or explosive vapors shall be permitted only after review and approval by the Cedarburg Fire Department and in accord with their requirements to minimize fire and explosive hazards.

(Ord. No. 95-02)

(a)

No operation or activity shall produce any intense lighting, glare or heat with the source directly visible beyond the boundary of a M-3 District. Operations producing light, glare, or heat shall be conducted within an enclosed building.

(b)

External lighting shall be shielded so that light rays do not adversely affect adjacent uses.

(Ord. No. 95-02)

(a)

No activity shall locate, store, 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 runoff, 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)

No activity shall withdraw water or discharge any liquid or solid materials so as to exceed or contribute toward exceeding the minimum standards and those other standards and the application of those standards set forth in Wis. Adm. Code NR 102 or in other applicable chapters which regulate water quality.

(Ord. No. 95-02)

No operation or activity shall transmit any noise beyond the boundaries of the M-3 District so that it becomes a nuisance.

(Ord. No. 95-02)

(a)

No operation or activity shall transmit any physical vibration that is above the vibration perception threshold of an individual at or beyond the property line of the source. Vibration perception threshold means the minimum ground- or structure-borne vibrational motion necessary to cause a normal person to be aware of the vibration by such direct means as, but not limited to, sensation by touch or visual observation of moving objects.

(b)

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.

(Ord. No. 95-02)

(a)

Purpose. These performance standards are established for the following purposes:

(1)

To preserve environmentally sensitive lands through permanent preservation of open space and natural resources with housing concentrated on portions of the site that have lower quality natural features.

(2)

To provide open space areas that are commonly owned for passive and/or active recreational use by residents of the development, and where specifically established, for use by the general public.

(3)

To minimize disturbance to environmentally sensitive areas, protect biological diversity, and maintain environmental corridors in their natural state to the extent practical.

(4)

To preserve scenic views by minimizing views of new development from existing roads.

(5)

To provide buffering between residential development and non-residential uses.

(b)

Definition of conservation subdivision. A conservation subdivision is a housing development characterized by extensive open space where natural features of the land are maintained in their natural state to the extent practical. Residential dwellings in such subdivisions are located on portions of the site with lower quality natural features and should be adjacent to or overlook open space.

(c)

Platting methods and applicability of other regulations. Conservation subdivisions may be created by platting methods including Certified Survey Maps, subdivision plats, or condominium plats. All of the city's land development regulations applying to each of the platting methods shall be applicable to a conservation subdivision, except as noted in this section.

(d)

Density and lot size standards. The density and lot size standards of a conservation subdivision shall be as required in the underlying zoning district.

(e)

Setback and yards. The minimum setback and yard requirements in the underlying zoning district may be modified in a conservation subdivision to provide flexibility in the siting of homes relative to the attributes of the individual lots or sites in the development.

(f)

Common open space. A conservation subdivision shall provide common open space as follows:

(1)

A minimum of 50 percent of the subject parcel shall be common open space.

(2)

Prior to any final approval action on a conservation subdivision, the city shall review the proposed common open space to determine if any public parklands or any other public land dedication is necessary in conjunction with the conservation subdivision.

(3)

The ownership, maintenance, and stewardship of common open space shall be accomplished by a Homeowners Association and/or Condominium Association in accord with Wis. Stats. ch. 703. The subdivision applicant shall provide the city a description of the bylaws of the proposed association, and all documents governing the ownership, maintenance, and use restrictions for common facilities. The association shall be established by the owner or the subdivision developer prior to the sale of any lots or dwelling units in the development. All documents to establish such associations shall be approved by the city attorney prior to their use by the developer.

(4)

No such owners' association shall be allowed to default and result in the common open space being owned and maintained by the public.

(5)

Any amendments to the common open space documents after their initial approval shall be reviewed and approved by the city attorney prior to such amendments taking effect.

(6)

The following uses are permitted in common open space land areas:

a.

Conservation of open land in its natural state (for example, woodland, fallow field, or managed meadow).

b.

Silviculture, in keeping with established standards for selective harvesting and sustained-yield forestry.

c.

Neighborhood open space uses such as common areas, picnic areas, community gardens, trails, and similar low-impact passive recreational uses specifically excluding motorized off-road vehicles, rifle ranges, and other uses similar in character and potential impact as determined by the plan commission.

d.

Active non-commercial recreation areas, such as playing fields, playgrounds, courts, and bikeways, provided such areas do not encroach on environmentally sensitive areas. Playing fields, playgrounds, and courts shall not be located within 50 feet of abutting properties. Parking facilities for the same shall also be permitted.

e.

Golf courses may comprise the open space land. Their parking areas and any associated structures shall not be included within the 50 percent minimum open space requirement; their parking and access ways may be paved and lighted.

f.

Water supply and sewage disposal systems, and storm water detention areas designed, landscaped, and available for use as an integral part of the open space.

g.

Easements for drainage, access, sewer or water lines, or other public purposes.

h.

Underground utility rights-of-way and street rights-of-way may traverse conservation areas but shall not count toward the minimum required open space land.

i.

Public use of common open space may be allowed if agreed to by the developer and the city.

(g)

Required improvements and design standards. Required improvements and design standards related to conservation subdivisions may be reduced to create a lower impact on the natural environment and provide a greater degree of environmental protection. Infrastructure requirements and modifications shall be reviewed on an individual development basis to determine the appropriate infrastructure based on each site's unique attributes. Modifications to infrastructure design standards may include, but are not limited to, the following:

(1)

Reduced street pavement width.

(2)

Elimination of vertical-faced concrete curb and gutter.

(3)

Elimination of concrete sidewalks and substitution with a trail system.

(4)

Utilizing natural open drainageways in place of storm sewers.

(5)

Installing lower intensity street lighting with greater spacing between fixtures and lower wattage fixtures.

(6)

Different landscape treatments in lieu of planting conventional street trees.

(h)

Financial guarantees and impact fees. Financial guarantees, including those required as part of a conventional subdivision development agreement, and impact fees, shall be applied to a conservation subdivision.

(Ord. No. 2001-32)