Darien City Zoning Code
CHAPTER 17
66 Performance Standards
§ 17.66.010 Purpose.
[Prior code § 17.0901]
The purpose of this chapter is to indicate the requirements for access, visibility, off-street parking, off-street loading, exterior storage, exterior lighting, vibration, noise, air pollution, odors, electromagnetic radiation, glare and heat, fire and explosion, toxic and noxious materials, waste materials, drainage, exterior construction materials, and hazardous materials for all development occurring within the jurisdiction of this title.
§ 17.66.020 Access standards.
[Prior code § 17.0902]
A.
Purpose. The purpose of this section is to alleviate or prevent congestion of public rights-of-way so as to promote the safety and general welfare of the public by establishing minimum requirements for the provision of access to public rights-of-way in accordance with the utilization of various sites.
B.
Permit Required. Each access point onto a public street or right-of-way shall have a permit issued by the Director of Public Works per Wisconsin Statutes 86.07(2).
C.
Number of Access Points.
1.
Each nonresidential lot shall have not more than two access points on any street frontage adjacent to any lot. The access shall require approval by the Zoning Administrator and the director of public works.
2.
In no instance shall any lot be permitted more than one access point on any one street if its frontage on the street is less than 100 linear feet (as measured along the right-of-way line).
3.
On arterial streets and in certain areas experiencing, or expected to experience, congestion and/or safety problems, access to a lot may be required to be located via an access point located on an adjacent property or another street frontage.
4.
For residential uses, two access points serving the same street frontage may be approved as a conditional use.
D.
Residential Uses. Residential uses shall not have access points onto a nonresidential collector or arterial street unless such street has the only available frontage.
E.
Nonresidential Uses. Nonresidential uses shall not have access points onto a residential street unless such street has the only available frontage.
F.
Access Near Street Intersections. At its intersection with the street right-of-way line on an arterial or nonresidential collector street, no access point shall be located closer than 100 feet from the intersection of any two street rights-of-way unless such street is the only available frontage on the subject property. In all cases, access points shall be located as far from an intersection as the lot size permits.
G.
Distance Between Access Drives. The minimum distance between access drives serving the same property shall be 25 feet (edge to edge), as measured at the property line. A distance in excess of such 25 feet may be required if, in the opinion of the Zoning Administrator and the director of public works, present or projected traffic factors warrant a greater distance.
H.
Angle of Intersection with Public Right-of-Way. All access drives shall intersect with any public right-of-way at an angle of not less than 75°, and shall intersect at an angle of 90° wherever possible.
I.
Distance from Property Line. The distance from an access drive to the property line of an adjacent property shall not be less than five feet, as measured along the right-of-way line, except for common driveways and zero lot line situations.
J.
Width of Driveways. All access drives for residential properties shall have a minimum width of 10 feet and a maximum width of 25 feet as measured at the property line. All access drives for nonresidential properties shall have a minimum width of 18 feet and a maximum width of 40 feet as measured at the property line. Access drives may be flared between the right-of-way line and the roadway up to a maximum of three additional feet.
K.
Traffic Control. The traffic generated by any use shall be channelized and controlled in a manner which avoids congestion on public streets and other safety hazards. Traffic into and out of all off-street parking, loading and traffic circulation areas serving six or more parking spaces shall be forward moving, with no backing into streets or pedestrian ways. Required traffic control devices shall be determined by the public works director.
L.
Depiction on Required Site Plan. Any and all proposed access drives on the subject property shall be depicted as to their location and configuration on the site plan required for the development of the subject property. (Refer to Section 17.72.060).
M.
Paving of Access. All access approach areas located within a street right-of-way shall be paved to the satisfaction of the director of public works with a hard, all-weather surface, and shall be maintained so as to prevent the transport of gravel, dirt, or other eroded material from the subject property into the right-of-way.
§ 17.66.030 Visibility standards.
[Prior code § 17.0903]
A.
Purpose. The purpose of this section is to alleviate or prevent congestion of public rights-of-way so as to promote the safety and general welfare of the public by establishing minimum requirements for the provision of vehicular visibility.
B.
Requirement. In order to provide a clear view of intersecting streets to motorists there shall be a triangular area of clear vision formed by the two intersecting streets and a chord connecting said centerlines, as determined by the director of public works. Generally, the following standards shall apply:
Vision Clearance Triangle Standards | ||
|---|---|---|
Right-of-Way Width (feet) | Distance from R-O-W Intersection (feet) | |
Less than 50 | 50 | |
50 | 50 | |
51-60 | 40 | |
61-66 | 34 | |
67-82.5 | 15 | |
Greater than 82.5 | 15 | |
Within the triangular area, no signs other than traffic control signs, parking spaces, structures, or earth-work in excess of 30 inches, and no vegetation, fencing, nor other such obstructions between 30 inches and eight feet in height which exceeds an opacity of 0.2 (see Section 17.68.100(D)(2)) shall be permitted which exceeds 30 inches in height above either of the centerline elevations of the two streets. |
§ 17.66.040 Off-street parking and traffic circulation standards.
[Prior code § 17.0904; amended by Ord. 235, 2005]
A.
Purpose. The purpose of this section is to alleviate or prevent congestion of public rights-of-way so as to promote the safety and general welfare of the public by establishing minimum requirements for the provision of off-street parking and circulation in accordance with the utilization of various sites.
B.
Depiction on Required Site Plan. Any and all parking and traffic circulation areas proposed to be located on the subject property shall be depicted as to their location and configuration on the site plan required for the development of the subject property. (See Section 17.72.060.) Each and every parking space designed to serve as required parking shall not be located farther than 500 feet of shortest walking distance from the access to all of the various areas it is designated to serve. A garage stall, meeting the access requirements of Subsection (F)(4) of this section, shall be considered a parking space. Parking spaces for any and all vehicles exceeding 18 feet in length, shall be clearly indicated on the site plan.
C.
Use of Off-Street Parking Areas. The use of all required off-street parking areas shall be limited to the parking of operable vehicles not for lease, rent, or sale. Within residential districts, required parking spaces shall only be used by operable cars and trucks.
D.
Traffic Circulation and Traffic Control. Site circulation shall be designed to provide for the safe and efficient movement of all traffic entering, exiting, and on the site. Circulation shall be provided to meet the individual needs of the site with specific mixing of access and through movements, and where required, shall be depicted on the required site plan. Circulation patterns shall conform with the general rules of the road and all traffic control measures shall meet the requirements of the Manual of Uniform Traffic Control Devices.
E.
Maintenance of Off-Street Parking and Traffic Circulation Areas. All off-street parking and traffic circulation areas shall be maintained to facilitate safe traffic flow. In no instance or manner shall any off-street parking or traffic circulation area be used as a storage area, except as provided for by Section 17.66.060(C).
F.
Off-Street Parking and Traffic Circulation Standards.
1.
Surfacing and Marking. All off-street parking and surfacing area shall be approved by site plan approval per Section 17.72.060. Commercial off-street parking and traffic circulation areas shall be paved with a hard, all-weather surface, dust-free and properly drained. The surfaces intended for five or more parking stalls shall be marked in a manner which clearly indicates required parking spaces. Residential driveways and aprons shall be paved with a hard, all-weather surface, dust-free and properly drained within 12 months of installation.
2.
Curbing. All off-street parking areas designed to have head-in parking within 6 1/2 feet of any lot line shall provide a tire bumper or curb of adequate height and which is properly located to ensure that no part of any vehicle will project beyond the required setbacks of this title. Curbing within off-street parking areas shall also be required to fully separate all required landscaped areas from the parking lot. (see Section 17.68.070(D)).
3.
Lighting. All off-street parking and traffic circulation areas serving six or more cars shall be lit so as to ensure the safe and efficient use of the areas during the hours of use. An illumination level of between 0.4 and 1.0 footcandles is recommended for the areas. The illumination level shall not exceed the standards of Section 17.66.070.
4.
Access. Each required off-street parking space shall open directly upon an aisle or driveway that is wide enough and designed to provide a safe and efficient means of vehicular access to the parking space without directly backing or maneuvering a vehicle into a public right-of-way exceeding 82.5 feet in width. All off-street parking and traffic circulation facilities shall be designed with an appropriate means of vehicular access to a street or alley, in a manner which least interferes with traffic movements. No driveway across public property, or requiring a curb cut, shall exceed a width of 40 feet for commercial and industrial land uses, or 25 feet for residential land uses. (See the Table set out in Subsection (F)(10) of this section.) Off-street parking spaces for residential uses may be stacked or in front of one-another for the same building unit. Parking spaces located within and/or behind an enclosed garage, and located directly off a through aisle, shall be located on a through aisle a minimum of 30 feet deep.
5.
Fire Lanes. A fire lane shall be required to provide access to any portion of any structure equal to or less than 40 feet tall which is more than 150 feet from the nearest street right-of-way, and to any portion of any structure greater than 40 feet tall which is more than 50 feet from the nearest street right-of-way. The Zoning Administrator may also require the provision of a fire lane or lanes to any part of any structure upon a determination that the distance of the structure from the nearest hydrant, the configuration of development on the site, or other special characteristics of the site otherwise inhibit effective fire extinguishment. All fire lanes shall: provide clear, unobstructed access for vehicles and apparatus at all times through a combination of pavement marking and signage; shall be a minimum of 18 feet wide; and shall be surfaced as an all-weather roadway.
6.
Signage. All signage located within, or related to, required off-street parking or traffic circulation shall comply with the requirements of Chapter 17.62.
7.
Handicapped Parking Spaces. Parking for the handicapped shall be provided at a size, number, location, and with signage as specified by state and federal regulations.
8.
Parking Space Design Standards. Other than parking required to serve the handicapped, every and all provided off-street parking space shall comply with the minimum requirements of the Table set out in Subsection (F)(10) of this section. The minimum required length of parking spaces shall be 17.0 feet, plus an additional 1.5 foot vehicle overhang area at the end of the stall. All parking spaces shall have a minimum vertical clearance of at least seven feet.
9.
Snow Storage. Required off-street parking and traffic circulation areas shall not be used for snow storage.
10.
Parking Lot Design Standards. Horizontal widths for parking rows, aisles, and modules shall be provided at widths no less than listed in the Table below and shown in the Diagram following said Table.[1]
[1]
Editor's Note: The table and diagram are included as an attachment to this chapter.
G.
Calculation of Minimum Required Parking Spaces.
1.
General Guidelines for Calculating Required Parking Spaces. The requirements of Subsection (G)(3) of this section, shall be used to determine the minimum required number of off-site parking spaces which must be provided on the subject property. Requirements are generally tied to the capacity of the use; the gross floor area of the use; or the number of employees which work at the subject property during the largest work shift. The term "capacity" as used herein means the maximum number of persons that may be accommodated by the use as determined by its design or by State Building Code regulations, whichever number is greater. References herein to "employee(s) on the largest work shift" means the maximum number of employees working at the facility during a single given day, regardless of the time period during which this occurs, and regardless of whether any such person is a full-time employee. The largest work shift may occur on any particular day of the week or during a lunch or dinner period in the case of a restaurant. In all cases, one reserved parking space shall be provided for each vehicle used by the operation during business hours. Such spaces shall be in addition to those required by Subsection (G)(3) of this section. Where the parking needs of any land use exceed the minimum requirements of this title, additional parking spaces sufficient to meet the average maximum weekly peak-hour parking space demand shall be provided by the land use.
2.
Joint Parking Facilities.
a.
Parking facilities which have been approved by the director of public works to provide required parking for one or more uses, shall provide a total number of parking spaces which shall not be less than the sum total of the separate parking needs for each use during any peak hour parking period when the joint parking facility is utilized at the same time by such uses.
b.
Each parking space designed to serve as joint parking shall not be located farther than 500 feet from the access to all of the various areas it is designated to serve.
c.
The applicant(s) for approval of a joint parking facility shall demonstrate to the director of public works' satisfaction that there is no substantial conflict in the demand for parking during the principal operating hours of the two of more uses for which the joint parking facility is proposed to serve.
d.
A legally binding instrument, approved by the Zoning Administrator, shall be executed by any and all parties to be served by the joint parking facility. This instrument shall be recorded with the register of deeds office, and filed with the Clerk. A fee shall be required to file this instrument (see Section 17.74.050).
4.
Provision of Fee-in-Lieu of Parking Spaces Development. Within the central commercial (CC) district, the parking requirements of this title are waived.
5.
Locational Prohibitions for Off-Street Parking Areas.
a.
Off-street parking shall not be located between the principal structure on a residential lot and a street right-of-way, except within residential driveways and parking lots designated on the approved site plan (see Section 17.72.060).
b.
No private parking shall occur on street terraces, driveways, or any other areas located within a public right-of-way not explicitly designated by the director of public works.
6.
Commercial and Industrial Vehicle and Equipment Parking. All commercial and industrial vehicle and equipment (except for light van and truck vehicles with four tires) shall only be parked in parking spaces clearly depicted on a Village approved site plan for business vehicle use. Parking spaces clearly visible from public streets shall only be allowed for customer or employee cars, cycles, vans, and light trucks with four tires, unless such spaces are so designated for business vehicle use. This restriction shall also prevent trailer parking in customer or employee spaces.
7.
Minimum Permitted Throat Length. The Table set out below shall be used to determine the minimum permitted throat length of access drives serving parking lots, as measured from the right-of-way line along the centerline of the access drive.[2]
[2]
Editor's Note: The table is included as an attachment to this chapter.
§ 17.66.050 Off-street loading standards.
[Prior code § 17.0905]
A.
Purpose. The purpose of this section is to prevent congestion of public rights-of-way and private lots so as to promote the safety and general welfare of the public by establishing minimum requirements for the provision of loading facilities on various sites.
B.
Applicability. Any use which has a gross floor area of 6,000 square feet or more, and which requires deliveries or makes shipments, shall provide off-street loading facilities in accordance with the regulations of this section.
C.
Location. All loading berths shall be located 25 feet or more from the intersection of two street right-of-way lines. Loading berths shall not be located within any required front yard or street yard setback area. Access to the loading berth shall be located in conformance with Section 17.66.020. All loading areas shall be located on the private lot and shall not be located within, or so as to interfere with, any public right-of-way.
D.
Size of Loading Area. The first required loading berth shall be designed in accordance with the following table. All remaining required loading berths shall be a minimum of 25 feet in length. All required loading berths shall have a minimum vertical clearance of 14 feet.
The following standards shall be the minimum used to design loading areas.[1]
[1]
Editor's Note: The Loading Standards Table and Diagram are included as an attachment to this chapter.
E.
Access to Loading Area. Each loading berth shall be located so as to facilitate access to a public street or alley, and shall not interfere with other vehicular or pedestrian traffic per Section 17.66.040, and shall not interfere with the function of parking areas. In no instance shall loading areas rely on backing movements into public rights-of-way.
F.
Surfacing and Marking. All required loading areas shall be paved and maintained in a dust-free condition at all times. Such surface shall be marked in a manner which clearly indicates required loading areas.
G.
Use of Required Loading Areas. The use of all required loading areas shall be limited to the loading and unloading of vehicles. Such area shall not be used to provide minimum required parking spaces.
I.
Signage. All signage located within, or related to, loading areas shall comply with the requirements of Chapter 17.62.
J.
Depiction on Required Site Plan. Any and all required loading areas proposed to be located on the subject property shall be depicted as to their location and configuration on the site plan required for the development of the subject property. (Refer to Section 17.72.060).
K.
Calculation of Required Loading Spaces.
1.
Indoor Institutional Land Uses. One loading berth shall be required for each building having a gross floor area of 6,000 square feet to 29,999 square feet. For such uses located in buildings having a gross floor area of 30,000 square feet or greater, two loading berths shall be required.
2.
Commercial, Storage/Disposal. Transportation, and Industrial Land Uses. One loading berth shall be required for each building having a gross floor area of 6,000 square feet to 29,999 square feet. For such uses located in buildings having a gross floor area of 30,000 square feet or greater, an additional loading berth shall be required for any portion of each 50,000 square feet of gross floor area in addition to the original 29,999 square feet.
3.
Office Land Uses. One loading berth shall be required for each building having a gross floor area of 6,000 square feet to 99,999 square feet. For such uses located in buildings having a gross floor area of 100,000 square feet or greater, an additional loading berth shall be required for any portion of each 100,000 square feet of gross floor area in addition to the original 99,999 square feet.
§ 17.66.060 Exterior storage standards for residential and commercial districts.
[Prior code § 17.0906]
A.
Purpose. The purpose of this section is to control the use of residential and commercial property for exterior storage so as to promote the safety and general welfare of the public.
B.
Requirements for Exterior Storage in Residential Zoning Districts.
[Amended 7-15-2019 by Ord. No. 309]
1.
In all residential zoning districts, all materials and equipment shall be stored within a completely enclosed building except for the following which shall not be located within any front yard or street yard (required or excess yard, except for vehicles in designated parking spaces) and shall be stored a minimum of five feet from any and all property lines: firewood, construction materials, landscaping materials storage and related equipment connected with on-site construction, and off-street parking.
2.
In all residential zoning districts, the property owner or tenant may store one open or enclosed trailer or one piece of recreational equipment, such as one boat, two snowmobiles on one trailer, one all-terrain vehicle, one travel trailer, or one popup camper on an unimproved surface per zoning lot. Such equipment shall be stored or parked a minimum of five feet from any and all property lines and shall not be located within any front yard or any required street side yard (except for designated improved parking spaces) unless screened from the street with a bufferyard with a minimum of 0.30 opacity [see Section 17.68.100(D)(2)]. The parking or storage surface must be properly maintained and free from mud, ruts, weeds, or tall grass. Any property stored pursuant to this section shall be maintained in good condition and safe for effective performance for the function for which it was intended. The exterior of any property stored as part of this section shall be intact.
3.
The equipment storage shall not be located in a minimum required parking space during the equipment’s off-season. Winterization of such equipment shall be a conclusive indication of nonuse. Motor homes which are used on a year-round basis shall be permitted in a minimum required parking space on a year-round basis. Motor homes are considered motor vehicles and must be parked on an improved surface as defined by Section 10.12.080(B)(1).
4.
Temporary utility hook-ups shall be permitted for a period not to exceed 72 hours for loading and unloading purposes; and an aggregate of 14 days in any thirty-day period for sleeping quarters if the recreational vehicle is owned by the occupant or a guest of the occupant of the residence, subject to the conditions above.
5.
At no time shall a recreational vehicle be used for permanent living, sleeping, material storage or other purpose. No recreational vehicle shall be permanently connected to water, gas, electric, or sanitary sewer service.
C.
Requirements for Exterior Storage in Commercial Districts. In all commercial zoning districts, all materials and equipment shall be stored within a completely enclosed building except for the following which shall not be located within any front yard or required street yard (except for vehicles in designated parking spaces) and shall be stored a minimum of five feet from any and all property lines: screened refuse containers; construction materials, landscape materials and related equipment connected within on-site construction; and off-street parking.
§ 17.66.070 Exterior lighting standards.
[Prior code § 17.0907]
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 title, except for lighting within public rights-of-way and/or lighting located on public properly.
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. (Refer to Section 17.72.060).
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 and/or other lighting which may distract motorists are prohibited. (Refer to Section 17.62.040(A)(3).
5.
Minimum Lighting Standards. All areas designated on required 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.
6.
Nonconforming Lighting. All lighting fixtures existing prior to the effective date of this title 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.
§ 17.66.080 Vibration standards.
[Prior code § 17.0908]
A.
Purpose. The purpose of this section is to regulate the creation of vibration which adversely effects adjoining properties in order to prevent the creation of nuisances and to promote the general welfare of the public.
B.
Applicability. The requirements of this section apply to all uses and activities which create detectable vibrations, except that these standards shall not apply to vibrations created during the construction of the principal use on the subject property.
C.
Depiction on Required Site Plan. Any activity or equipment which create detectable vibrations outside the confines of a building shall be depicted as to its location on the site plan required for the development of the subject property. (See Section 17.72.060).
D.
Requirements. No activity or operation shall cause or create earthbone vibrations in excess of the displacement values given below.
E.
Method of Measurement. Measurements shall be made at or beyond the adjacent lot line or the nearest residence district boundary line, as described below. Vibration displacements shall be measured with an instrument capable of simultaneously measuring in three mutually perpendicular directions. The maximum permitted displacements shall be determines in each zoning district by the following formula: D = K/f where D = displacement in inches, K = a constant to be determined by reference to the tables below, f = the frequency of vibration transmitted through the ground, cycles per second.
F.
Standards in the Suburban Industrial (SI) District. In the SI district, the maximum earth displacement permitted at the points described below shall be determined by use of the formula above and the appropriate K constant shown in the table below.
Location | K | ||
|---|---|---|---|
On or beyond the adjacent lot line | |||
Continuous | 0.015 | ||
Impulsive | 0.030 | ||
Less than 8 pulses per 24-hour period | 0.075 | ||
On or beyond any residence district boundary line | |||
Continuous | 0.003 | ||
Impulsive | 0.006 | ||
Less than 8 pulses per 24-hour period | 0.015 | ||
G.
Standards in the Urban Industrial (UI) District. In the UI district, the maximum earth displacement permitted at the points described below shall be determined by use of the formula above and the appropriate K constant shown in the table below.
Location | K | ||
|---|---|---|---|
On or beyond the adjacent lot line | |||
Continuous | 0.030 | ||
Impulsive | 0.060 | ||
Less than 8 pulses per 24-hour period | 0.150 | ||
On or beyond any residence district boundary line | |||
Continuous | 0.003 | ||
Impulsive | 0.006 | ||
Less than 8 pulses per 24-hour period | 0.015 | ||
§ 17.66.090 Noise standards.
[Prior code § 17.0909]
A.
Purpose. The purpose of this section is to regulate the creation of noise which adversely effects adjoining properties in order to prevent the creation of nuisances and to promote the general welfare of the public.
B.
Applicability. The requirements of this section apply to all uses and activities which create detectable noise, except that these standards shall not apply to noise created during the construction of the principal use on the subject property, or by incidental traffic, parking, loading, maintenance or agricultural operations.
C.
Requirements. All noise shall be muffled so as not be objectionable due to intermittence, beat frequency or shrillness. In no event shall the sound-pressure level of noise radiated continuously from a facility exceed at the lot line of the subject property the values given in the Table below as measured by, at the minimum, a Type 2 sound meter that is in compliance with ANSI standard SI.4-1983, where the lot abuts property within any residential or commercial zoning district, or the SI district.
Maximum Permitted Noise Level at Lot Line For Noise Radiated Continuously* | ||
|---|---|---|
Zoning District | Increase in Noise Level over Ambient Level (dBA) | |
A-1, RS-1, RS-2, RS-3, RD, RM | Plus 3 dBA | |
CC, NC, SC, SI | Plus 5 dBA | |
UI | Plus 8 dBA | |
NOTES: | ||
|---|---|---|
* | If the noise is not smooth and continuous or is present only during day time hours, one or more of the corrections, in the Table below, shall be added to or subtracted from each of the decibel levels given above in this Table. | |
Adjustment Factors for Maximum Noise Levels | ||
|---|---|---|
Type of Operation in Character of Noise | Correction in Decibels | |
Daytime operation only | Plus 5 | |
Noise source operates less than 20% of any one-hour period | Plus 5* | |
Noise source operates less than 5% of any one-hour period | Plus 10* | |
Noise source operates less than 1% of any one-hour period | Plus 15* | |
Noise of impulsive character (Hammering, etc.) | Minus 5 | |
Noise of periodic character (hum, speech, etc.) | Minus 5 | |
NOTES: | ||
|---|---|---|
* | Apply one of these corrections only. | |
§ 17.66.100 Air pollution standards.
[Prior code § 17.0910]
A.
Purpose. The purpose of this section is to regulate the creation of air pollution which adversely effects adjoining properties in order to prevent the creation of nuisances and to promote the general welfare of the public.
B.
Applicability. The requirements of this section apply to all land uses and activities, except that these standards shall not apply to air pollution created during the construction of the principal use on the subject property, or by incidental traffic, parking, loading, or maintenance operations.
C.
Standards.
1.
The emission, from all sources within any lot, of particulate matter containing a particle diameter larger than 44 microns is prohibited.
2.
Emission of smoke or particulate matter of density equal to, or greater than Number 2 on the Ringelmann Chart (US Bureau of Mines) is prohibited at all times.
3.
Dust and other types of air pollution borne by the wind from such sources as storage areas, yards, and roads within the boundaries of any lot shall be kept to a minimum by appropriate landscaping, paving, or other acceptable means.
4.
All applicable state and federal standards.
§ 17.66.110 Odor standards.
[Prior code § 17.0911]
A.
Purpose. The purpose of this section is to regulate the creation of odor which adversely effects adjoining properties in order to prevent the creation of nuisances and to promote the general welfare of the public.
B.
Applicability. The requirements of this section apply to all land uses and activities, except that these standards shall not apply to odors created during the construction of the principal use on the subject property, or by incidental traffic, parking, loading, or maintenance operations. Public landfills and public sanitary sewage treatment plants shall be exempted from the requirements of this section as essential public services.
C.
Standards. Except for food preparation and cooking odors emanating from residential land uses, 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 any day which are detectable (by a healthy observer such as the Zoning Administrator who is unaffected by background odors such as tobacco or food) at the boundary of the subject property, where the lot abuts property within any residential or commercial zoning district, or the suburban industrial (SI) district.
§ 17.66.120 Electromagnetic interference standards.
[Prior code § 17.0912]
A.
Purpose. The purpose of this section is to regulate the creation of electromagnetic interference which adversely effects adjoining properties in order to prevent the creation of nuisances and to promote the general welfare of the public.
B.
Applicability. The requirements of this section apply to all land uses and activities.
C.
Standards. It is unlawful to operate or cause to be operated any planned or intentional source of electromagnetic interference for such purposes as communication, experimentation, entertainment, broadcasting, heating, navigation, therapy, vehicle velocity measurement, weather survey, aircraft detection, topographical survey, personal pleasure, or any other use directly or indirectly associated with these purposes which does not comply with the then current regulations of the Federal Communications Commission regarding such sources of electromagnetic interference. Further, such operation in compliance with the Federal Communications Commission shall be unlawful if such interference causes an abnormal degradation in performance of other electromagnetic radiators or electromagnetic receptors of quality and proper design because of proximity, primary field, blanketing, spurious radiation, harmonic content, modulation or energy conducted by power or telephone lines. The determination of "abnormal degradation in performance" and "of quality and proper design" shall be made in accordance with good engineering practices as defined in the latest principles and standards of the American Institute of Electrical Engineers, the Institute of Radio Engineers, and the Electronic Industries Association. In case of any conflict between the latest standards and principles of the above groups, the following precedence in the interpretation of the standards and principles shall apply: (1) American Institute of Electrical Engineers, (2) Institute of Radio Engineers, and (3) Electronic Industries Association.
§ 17.66.130 Glare and heat standards.
[Prior code § 17.0913]
A.
Purpose. The purpose of this section is to regulate the creation of glare or heat which adversely effects adjoining properties in order to prevent the creation of nuisances and to promote the general welfare of the public.
B.
Applicability. The requirements of this section apply to all land uses and activities, except that these standards shall not apply to glare created during the construction of the principal use on the subject property, or by incidental traffic, parking, loading, or maintenance operations.
C.
Standards. No direct or sky-reflected glare, whether from floodlights or from temperature processes such as combustion or welding or otherwise, so as to be measurable by a light meter at the lot line of the subject property shall be permitted. (See also Section 17.66.070.) Furthermore, there shall be no transmission of heat or heated air so as to be discernible (by a healthy observer such as the Zoning Administrator or a designee) at the lot line. Solar systems regulated by Wisconsin Statutes 66.031 shall be entitled to the protection of its provisions.
§ 17.66.140 Fire and explosion standards.
[Prior code § 17.0914]
A.
Purpose. The purpose of this section is to regulate the creation of fire and/or explosion hazards which adversely effect adjoining properties in order to prevent the creation of nuisances and to promote the general welfare of the public.
B.
Applicability. The requirements of this section apply to all land uses and activities.
C.
Standards. Any use involving materials which could decompose by detonation shall locate such materials not less than 400 feet from any residential or office zoning district, except that this standard shall not apply to the storage or usage of liquefied petroleum or natural gas for normal residential or business purposes. All activities and storage of flammable and explosive materials at any point shall be provided with adequate safety and fire fighting devices in accordance with all fire prevention codes of the state of Wisconsin.
§ 17.66.150 Toxic or noxious material standards.
[Prior code § 17.0915]
A.
Purpose. The purpose of this section is to regulate the handling of toxic or noxious material which adversely effects adjoining properties in order to prevent the creation of nuisances and to promote the general welfare of the public.
B.
Applicability. The requirements of this section apply to all land uses and activities.
C.
Standards.
1.
No use shall discharge across the boundaries of the subject property, or through percolation into the subsoil, toxic or noxious material in such concentration as to be detrimental to, or endanger, the public health, safety, comfort, or welfare, or cause injury or damage to the property or business.
2.
No use shall discharge at any point into any public or private sewage disposal system or stream, or into the ground, any liquid or solid materials except in accordance with the regulations of the Wisconsin Department of Public Health.
§ 17.66.160 Waste material standards.
[Prior code § 17.0916]
A.
Purpose. The purpose of this section is to regulate the handling of waste material which adversely effects adjoining properties in order to prevent the creation of nuisances and to promote the general welfare of the public.
B.
Applicability. The requirements of this section apply to all land uses and activities.
C.
Standards.
1.
No use shall discharge across the boundaries of the subject property, or through percolation into the subsoil, toxic or noxious material in such concentration as to be detrimental to, or endanger, the public health, safety, comfort, or welfare, or cause injury or damage to the property or business.
2.
No use shall discharge at any point into any public or private sewage disposal system or stream, or into the ground, any liquid or solid materials except in accordance with the regulations of the Wisconsin Department of Natural Resources.
§ 17.66.170 Drainage standards.
[Prior code § 17.0917]
A.
Purpose. The purpose of this section is to regulate the creation of drainage which adversely effects adjoining properties in order to prevent the creation of nuisances and to promote the general welfare of the public.
B.
Applicability. The requirements of this section apply to all land uses and activities.
C.
Standards. No land shall be developed and no use shall be permitted that results in water runoff which causes property damage, a nuisance, and/or erosion on adjacent properties. Such runoff shall be properly conveyed to a public storm drain, drainageway or other such public drainage facility per the approval of the director of public works.
§ 17.66.180 Exterior construction material standards.
[Prior code § 17.0918]
A.
Purpose. The purpose of this section is to regulate the use of certain exterior construction materials so as to attain a degree of uniformity in exterior appearance, and thus maintain and enhance the attractiveness and property value of certain zoning districts.
B.
Applicability. The requirements of this section apply to all land uses and activities.
C.
Standards for all Multifamily Residential, Commercial, and the SI District. Except for exposed foundations not to exceed three feet in height from the adjacent grade, all multifamily, institutional, commercial and industrial development shall require approval by the Plan Commission per Section 17.72.060.
§ 17.66.190 Hazardous materials standards.
[Prior code § 17.0919]
A.
Purpose. The purpose of this section is to provide information to the Village regarding the nature of land uses which involve research, production, storage, disposal, handling, and/or shipment of hazardous materials.
B.
Applicability. The requirements of this section apply to all land uses and activities involving any one or more of the following:
1.
Micro-Organism Cultures subject to Wisconsin Statutes 94.65;
2.
Pesticides subject to Wisconsin Statutes 94.67(25);
3.
Biological Products subject to Wisconsin Statutes 95.39;
4.
Hazardous Substances subject to Wisconsin Statutes 100.37(1)(c);
5.
Toxic Substances subject to Wisconsin Statutes 101.58(2)(j);
6.
Infectious Agents subject to Wisconsin Statutes 101.58(2)(f);
7.
Any material for which the state of Wisconsin requires notification of a local fire department; or
8.
Any other uses, activities, or materials which are subject to county, state, or federal hazardous, or related, materials regulations.
§ 17.66.200 Fencing standards.
[Prior code § 17.0920; amended by Ord. 218, 2003]
A.
Purpose. The purpose of this section is to regulate the materials, location, height, and maintenance of fencing, landscaping walls and decorative posts in order to prevent the creation of nuisances and to promote the general welfare of the public.
B.
Applicability. The requirements of this section apply to all fencing, landscape walls and decorative posts equal to, or exceeding, 30 inches in height, for all land uses and activities.
C.
Standards.
1.
Materials.
[Amended 2-20-2017 by Ord. No. 301]
a.
Residential Districts. Acceptable materials for constructing fencing, landscape walls and decorative posts include wood, stone, bring, wrought iron, chain link and wire mesh, except that wire mesh fencing is not permitted within required front yard or street yard areas. Any fence within a street yard, including along property lines which intersect a right-of-way, shall be 50% open construction.
b.
Nonresidential Districts. Acceptable materials for constructing fencing, landscape walls, and decorative posts include wood, stone, brick, wrought iron, chain link, and wire mesh. Barbed wire fencing is permitted on security fences at heights equal to or greater than 7 1/2 feet (90 inches). This height requirement may be exceeded with the granting of a conditional use permit (per Section 17.72.040). Any fence within a street yard, including along property lines which intersect a right-of-way, shall require site plan approval.
c.
Temporary Fencing. Temporary fencing, including the use of wood or plastic snow fences for the purposes of limiting snow drifting between November 1 and April 1, protection of excavation and construction sites, and the protection of plants during grading and construction is permitted for up to 180 consecutive days and no more than 180 consecutive days per calendar year.
d.
Snow Fences. Snow fences constructed of wood and wire, and/or plastic shall be permitted only as temporary fences.
2.
Location. On all properties, no fence, landscape wall, or decorative post shall be located closer than one foot to the front yard or street yard property line.
[Amended 2-20-2017 by Ord. No. 301]
3.
Maximum Height. The maximum height of any fence, landscape wall, or decorative post shall be the following:
[Amended 2-20-2017 by Ord. No. 301]
a.
Four feet when located within a required front yard or required street yard on any property and shall be 50% open construction;
b.
Six feet when located on any residentially zoned property but not within a required front yard or a required street; and
c.
Eight feet when located on any nonresidentially zoned property, but not within a required front or a required street yard, except that security fences may exceed this height.
d.
The maximum heights listed for Subsection (C)(3) of this section, may be exceeded with the approval of a conditional use permit per 17.72.040. The following conditions (at a minimum) shall be established for such requests:
i.
The increase in height shall in no way further obstruct vision for intersecting streets, driveways, sidewalks, or other traffic areas;
ii.
The fence shall be screened on its external side with adequate plants so as to maintain an attractive appearance to the side;
iii.
The fence shall be setback from the property line beyond the requirement of Subsection (C)(2) of this section, such distance as appropriate to contain adequate landscaping per Subsection (C)(3)(d)(ii) of this section, and so as to maintain an attractive relationship to the fence's external side.
4.
Orientation. Any and all fences, landscape walls, or decorative posts between different land uses, shall be erected so as to locate visible supports and other structural components toward the most intensive land use as determined by the Zoning Administrator.
5.
Maintenance. Any and all fences, landscape walls, or decorative posts shall be maintained in a structurally sound and attractive manner.
6.
Swimming Pools. Swimming pools not enclosed within a permanent building shall be completely enclosed by a fence of sufficient strength to prevent access to the pool, shall not be less than four feet in height, and shall be so constructed so as not to have voids, holes, or openings larger than four inches in one dimension. Large frame or hard-sided pools and permanent aboveground pools with built-in fencing and self-closing, lockable gates or removable or lockable ladders to prevent unguarded entry will be allowed without separate or additional fencing, per the approval of the Zoning Administrator. When applicable, pedestrian access gates for large frame or hard-sided pools and permanent aboveground pools shall open outward away from the swimming pool and shall be self-closing, have a self-latching device, and be equipped to accommodate a locking device. Where the release mechanism of the self-latching device is located less than 54 inches from grade, the release mechanism shall be located on the swimming pool side of the gate at least three inches below the top of the gate, and the gate and barrier shall not have openings greater than 1/2 inch within 18 inches of the release mechanism. No fence shall be located, erected, constructed or maintained closer to a pool than three feet.
[Amended 5-18-2015 by Ord. No. 293]
§ 17.66.210 Administration and enforcement of performance standards.
[Prior code § 17.0921]
A.
Determinations necessary for administration and enforcement of performance standards set forth herein range from those which can be made with satisfactory accuracy by a reasonable person using normal senses and no mechanical equipment, to those requiring great technical competence and complex equipment for precise measurement. It is the intent of this title that:
1.
Where determinations can be made by the Zoning Administrator using equipment normally available to the Village or obtainable without extraordinary expense, such determinations shall be so made before notice of violations is issued;
2.
Where technical complexity or extraordinary expense makes it unreasonable for the Village to maintain the personnel or equipment necessary for making difficult or unusual determinations, procedures shall be available for causing corrections of apparent violations of performance standards, for protecting individuals from arbitrary, capricious, and unreasonable administration and enforcement of performance standard regulations, and for protecting the general public from unnecessary costs for administration and enforcement.
a.
The Zoning Administrator shall give written notice, by certified mail or other means, ensuring a signed receipt for such notice to the person or persons responsible for the alleged violations. The notice shall describe the particulars of the alleged violation and the reasons why the Zoning Administrator believes there is a violation in fact, and shall require an answer or correction of the alleged violation to the satisfaction of the Zoning Administrator.
b.
The notice shall state, and it is declared, that failure to reply or to correct the alleged violation to the satisfaction of the administrative official within the time limit set constitutes admission of violation of the terms of this title. The notice shall further state that upon request of those to whom it is directed, technical determination as described in this title will be made, and that if violations as alleged are found, costs of such determinations shall be charged against those responsible for the violation, in addition to such other penalties as may be appropriate, but that if it is determined that no violation exists, the cost of the determination will be paid by the Village.