This chapter permits specific use 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 provisions of this article.

(Prior Code, § 24.78(1))

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.

(Prior Code, § 24.78(2))

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 50,000 gallons.

(Prior Code, § 24.78(3))

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.

(Prior Code, § 24.78(4))

(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 water or subsurface water 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 Wis. Admin. Code ch. NR 102.

(Prior Code, § 24.78(5))

(a)

No activity in an M-1 or M-2 General 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 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.

(Prior Code, § 24.78(6))

No owner of land adjacent to an existing freeway or adjacent to a planned transportation corridor shall commence or cause to be commenced construction of any structure that will be subject to traffic noise levels that exceed the following sound level measured by a sound level meter:

(1)

Construction restrictions for habitable and institutional structures.

a.

No new single- or two-family residential structure shall be approved for construction (excluding substantial repair or alteration) if any exterior hourly traffic sound level (Leq[h]) anywhere within the proposed outdoor living area is projected to be equal to or in excess of 67 db(A) upon completion of the structure or anytime thereafter.

b.

No new multifamily residence, dormitory, mobile home park, transient lodging, school, hospital, nursing home, or similar structure, or substantial modification of such existing structure, shall be approved if any exterior hourly traffic level (Leq[h]) anywhere within the proposed outdoor living area is projected to be equal to or in excess of 67 db(A) upon completion of the structure or anytime thereafter.

c.

Construction otherwise prohibited shall be permitted if there are no outdoor use areas on the site of the proposed structure projected to be exposed to an hourly traffic sound level (Leq[h]) equal to or in excess of 67 db(A) provided that there is incorporated into the design and construction of the structure such sound attenuation measures as are necessary to reduce the maximum interior hourly traffic induced sound level (Leq[h]) in a habitable room to 52 db(A) upon completion of the structure or anytime thereafter.

(2)

Construction restrictions for commercial and industrial structures.

a.

No new commercial or industrial structure, or substantial modification of such existing structure, shall be approved if any exterior hourly traffic sound level (Leq[h]) anywhere on the site is projected to be equal to or in excess of 72 db(A) upon completion of the structure or anytime thereafter.

b.

Construction otherwise prohibited shall be permitted if there are no outdoor use areas on the site of the proposed structure (except parking lots and storage areas) projected to be exposed to an hourly traffic sound level (Leq[h]) equal to or in excess of 72 db(A) provided that there is incorporated into the design and construction of the structure such sound attenuation measures as necessary to reduce the maximum interior hourly traffic induced sound level (Leq[h]) in an interior work or public area to 59 db(A) upon completion of the structure or anytime thereafter.

(3)

Noise attenuation plans.

a.

If the village plan commission has reason to believe that a report is necessary to determine whether a project will be exposed to excessive traffic induced sound levels, such report shall be made by the permit applicant prior to the approval of any subdivision, zoning, or building permit approval. The report shall be prepared by a registered professional engineer or other qualified noise control consultant, and shall contain the following information and any other information the plan commission may reasonably require:

1.

The existing maximum hourly traffic sound level (Leq[h]) for a representative sample of locations, measured in accordance with guidelines set forth in "Sound Procedure for Measuring Highway Noise: Final Report," dated August 1981, published by the US Department of Transportation, Federal Highway Administration (FHWA), Arlington, VA, or modeled according to a methodology consistent with the methodology set forth in the FHWA Highway Traffic Noise Prediction Model (Report No. FHWA-RD-77-108);

2.

The projected future hourly traffic sound level (Leq[h]) at the site resulting from future traffic increases; and

3.

Where applicable, plans for sound attenuation measures on the site and/or within the structure proposed to be constructed or altered, and the amount of sound attenuation anticipated as a result of these measures. Sound attenuation may be achieved by separation from noise sources, berms, barriers, landscaping, building construction materials, insulation, and other building measures, or any combination thereof.

b.

In determining whether an applicant should be required to submit a noise attenuation plan pursuant to this subsection (3), the plan commission shall consider the Wis. Admin. Code ch. Trans 405 and the Federal Highway Administrations Procedures for Abatement of Highway Traffic Noise and Construction Noise, Title 23, CFR Chapter I, Subchapter J, Part 772.

(4)

Appeals. Any person aggrieved by a decision of the village plan commission to prohibit a use or structure by reason of its excessive hourly traffic sound level (Leq[h]); or by a decision of the plan commission to require a noise attenuation plan may appeal such decision to the board of zoning appeals in accordance with article III, division 3 of this chapter. Such appeal shall be made within 30 days following the plan commission decision.

(Prior Code, § 24.78(7))

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 Wis. Admin. Code ch. NR 154, and amendments thereto.

(Prior Code, § 24.78(8))

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

(Prior Code, § 24.78(9))

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:

(Prior Code, § 24.78(10))

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

(1)

Orientation. No exterior lighting fixture shall be oriented so that the lighting element (or a transparent shield) is visible from a property in a residential district. Light rays shall not be directed into street rights-of-way or upward into the atmosphere. The use of shielded luminaries, or luminaries with cutoff optics, and careful fixture placement is encouraged so as to facilitate compliance with this requirement.

(2)

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.

(3)

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

(4)

Location. Light fixtures shall not be permitted within required setbacks.

(5)

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

(6)

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

(7)

Nonconforming lighting. All lighting fixtures approved prior to the adoption of the ordinance from which this chapter is derived shall be treated as and regulated as legal nonconforming uses.

(Prior Code, § 24.78(11))

The village requires all new developments, including substantial exterior modifications of existing developments, to submit and have approved a landscape plan as specified in section 113-120. Approved landscape plans shall be completed within 12 months of an occupancy permit being granted, unless otherwise set forth in an agreement between the developer and the village.

(1)

Basic requirements.

Note 1: The plan commission may require landscaping dependent upon each development's specific circumstances.

Note 2: Required if abutting any residential land use.

Note 3: Required if abutting any residential land use.

Note 4: Required if abutting any commercial land use.

(2)

Requirement specifications.

a.

Green space. Areas without structures, parking surfaces, patios, decks, pools, driveways, accessory structures and shall include lands in the conservancy, floodplain and shoreland zoning classifications. However, conservancy, floodplain and shoreland classified areas shall only comprise 30 percent of total green space required by this section.

b.

Street trees. See specification and requirements in chapter 12, article III.

(Prior Code, § 24.78(12))