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, land, air, and waters shall hereafter, in addition to their use and site regulations, comply with the following performance standards.

(Code 2004, § 17.0701)

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 state or federal air pollution standards.

(Code 2004, § 17.0702)

All activities involving the manufacturing, utilization, processing, or storage of flammable or 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, or stored only within 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 50,000 gallons.

(Code 2004, § 17.0703)

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.

(Code 2004, § 17.0704)

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 or solid materials so as to exceed, or contribute toward the exceeding of, the minimum standards set forth in Wis. Admin. Code ch. NR 102.

(Code 2004, § 17.0705)

(a)

No activity in any manufacturing 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 level filter:

(b)

No 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 so as not to become objectionable due to intermittence, duration, beat frequency, impulse character, periodic character or shrillness.

(d)

All sirens, whistles, and bells which are maintained and utilized solely to serve a public purpose are exempt from the sound level standards of this section.

(Code 2004, § 17.0706)

Except for food preparation and cooking odors emanating from residential properties, and odors associated with property development and maintenance (such as construction, lawn care, and the painting and roofing of structures), no odor shall be created for periods exceeding a total of 15 minutes per day which are detectable by a healthy observer, such as the city building inspector, who is unaffected by background odors such as tobacco and food, at the property line of the regulated use where any such use abuts any residential, business, office, institutional, or park district.

(Code 2004, § 17.0707)

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

(Code 2004, § 17.0708)

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:

(Code 2004, § 17.0709)

No exterior lighting used for parking lots, recreational facilities, product display, or security shall be permitted to spill over on operators of motor vehicles, pedestrians, and uses of land in the vicinity of the light source. These requirements shall not apply to lighting placed in a public right-of-way for public safety.

(1)

Type. Shielded luminaires, or luminaires with cutoff optics, and careful fixture placement shall be required so as to facilitate compliance with this section.

(2)

Orientation. Exterior lighting fixtures shall be oriented so that the lighting element (or a transparent shield) does not throw rays onto neighboring properties. Light rays shall not be directed into street rights-of-way or upward into the atmosphere.

(3)

Minimum lighting standards. All areas designated on approved site plans for vehicular parking, loading, or circulation and used for any such purpose after sunset shall provide artificial illumination in such areas at a minimum intensity of 0.4 footcandles, exclusive of approved anti-vandal lighting. This standard shall not apply to properties in agricultural and single-family residential districts.

(4)

Intensity of illumination. The intensity of illumination, measured at the property line, shall not exceed 0.5 footcandles.

(5)

Location. Light fixtures shall not be permitted within required buffer yards.

(6)

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

(7)

Nuisances. Lighting which creates or becomes a public nuisance is not permitted.

(8)

Accent lighting. Accent lighting and low voltage lighting (12 volts or less) is exempt from these requirements.

(9)

Nonconforming lighting. All lighting fixtures approved prior to the adoption of this chapter shall be treated as and regulated as legal nonconforming uses. (See section 44-1226.)

(Code 2004, § 17.0710)

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

b.

Assure 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 flotation;

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 floodwaters into such systems; and/or

f.

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

(Code 2004, § 17.0711; Ord. No. 2219, 9-16-2006)