Clyman City Zoning Code
ARTICLE VIII
Performance Standards
§ 440-61 Intent; violations and penalties.
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 insure that the community is adequately protected from potential hazardous and nuisance-like effects. 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. No structure, land or water shall hereafter be used except in compliance with the district regulations and with the following environmental performance standards. Violations of this article shall be subject to the general penalty provisions of § 1-3.
§ 440-62 Noise.
A.
No activity in the I-1 District shall produce a sound level outside the property boundary that exceeds the following sound level measured by a sound level meter and associated octave band 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 | |
4,800 and above | 39 |
B.
No other activity in the 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 | |
4,800 and above | 32 |
C.
All noises shall be so muffled or otherwise controlled as not to become objectionable due to intermittence, duration, beat frequency, impulse character, periodic character or shrillness.
§ 440-63 Vibration.
No activity an any district shall emit vibrations which are discernible without instruments outside its premises. No activity in any district shall emit vibrations which exceed the following displacement measured with a three-compound measuring system.
Frequency (cycles per second) | Outside the Premises |
|---|---|
0 to <10 | 0.0020 |
10 to <20 | 0.0010 |
20 to <300 | 0.0006 |
30 to <40 | 0.0004 |
40 to <50 | 0.0003 |
50 and over | 0.0002 |
§ 440-64 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 sky-reflected glare which shall not be visible at ground level outside the premises.
§ 440-65 Odor.
No activity shall emit any odorous matter of such nature or quantity as to be offensive, obnoxious or unhealthful outside its premises.
§ 440-66 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 required by law and standard in the industry. All materials that range from active to intense burning shall be manufactured, utilized, processed and stored only in compliance with state and federal law.
§ 440-67 Air pollution.
No activity shall be permitted which emits air pollutants in excess of the standards permitted by all applicable laws, regulations and ordinances.
§ 440-68 Hazardous pollutants.
A.
Pollutants. No operation or activity shall emit any hazardous substances in such a 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 Ch. NR 445, Wis. Adm. Code.
B.
Liquid or solid wastes. No activity shall discharge at any point onto any land or into any water or public sewer any materials of such 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.
C.
Water quality protection. 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. In addition, no activity shall withdraw water or discharge any liquid, gaseous, or solid materials so as to exceed or contribute toward the exceeding of the standards set by state and federal law.
§ 440-69 Radioactivity and electrical disturbance.
No activity shall emit radioactivity or electrical disturbance outside its premises that are dangerous or adversely affect the use of neighboring premises, including radio and television receiver operation, except as set forth in this chapter.
§ 440-70 Refuse.
All waste material, debris, refuse or garbage not disposed of through the public sanitary sewerage system shall be kept in an enclosed building or properly contained in a closed container designed for such purposes. The owner of vacant land shall be responsible for keeping such land free of refuse.