Performance standards are used to restrict or require the controlled use of activities to prevent the creation of nuisances and to promote the general welfare of the public.

(Code 1972, § 17.20 (intro. ¶); Ord. No. 567, 1-12-2021; Ord. No. 568, 1-12-2021)

No structure, land or water will be used after the adoption of the ordinance from which this chapter is derived except in compliance with the performance standards of this article. 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 the lot.

(Code 1972, § 17.20(1); Ord. No. 567, 1-12-2021; Ord. No. 568, 1-12-2021)

This section applies only to properties adjoining State or US Highways. At the intersections of streets where the intersecting streets are both at grade, visibility triangles are established for each property by drawing two 30-foot lines from back of curb or pavement edge if curb does not exist away from the start of the corner nearest to the intersection behind the curb and then drawing the connecting hypotenuse connecting the ends of the two drawn lines. Signs, fences, natural vegetation and other obstructions are restricted to no taller than 30 inches in height within this visibility Triangle or signs that are on poles leaving 85 percent open from 30 inches to a minimum of eight feet are also allowed. In addition, signage, fencing or natural vegetation or any other obstruction must not exceed 30 inches in height in the first 100 feet along the highway from the property corner nearest the intersection for 15 feet from the back of curb; signs that are on poles leaving 85 percent open from 30 inches to a minimum of eight feet are also allowed.

For alleyways, the visibility triangle is established using 15-foot lines on the property lines away from the start of the corner nearest to the intersection then drawing the connecting hypotenuse connecting the ends of the two drawn lines with all the same limitations, including the 100-foot strip, outlined in the preceding paragraph.

This section does not apply to signalized intersections.

(Code 1972, § 17.20(2); Ord. No. 567, 1-12-2021; Ord. No. 568, 1-12-2021)

(a)

No activity will emit any fly ash, dust, fumes, vapors, mists or gases which can cause any damage to health, animals, vegetation or other forms of property or which can cause any excessive soiling at any point.

(b)

No person will conduct or participate in any activity which violates any provision of Chapter NR 429 of the Wisconsin Administrative Code or which violate code section 38-11.

(Code 1972, § 17.20(3); Ord. No. 567, 1-12-2021; Ord. No. 568, 1-12-2021)

(a)

No operation or activity will 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 an average 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 will be exempt from the standard set for the in subsection (a) of this section

(Code 1972, § 17.20(4); Ord. No. 567, 1-12-2021; Ord. No. 568, 1-12-2021)

(a)

In all R-1 and R-2 districts, all materials and equipment will be stored within a building or be fully screened from adjoining properties, with the exception of non-motorized and motorized recreational equipment, construction materials, landscaping materials and related equipment under current on-site use, laundry drying equipment and drying laundry and off-street parking are allowed.

(b)

In all R-1 and R-2 districts, inoperative or unlicensed motor vehicles will be stored within a building or be fully screened from adjoining properties.

(Code 1972, § 17.20(5); Ord. No. 567, 1-12-2021; Ord. No. 568, 1-12-2021)

(a)

Existing impervious surfaces may be maintained, replaced and improved. Impervious surfaces are those that do not absorb rain and include all buildings, roads, sidewalks, patios, parking areas and any area paved in concrete or asphalt.

(b)

Impervious surface ratios are calculated as follows:

(Acres/Square Feet of Impervious Surface) Divided by (Gross Acres/Square Feet of site)

(c)

In the Downtown Commercial District up to 100 percent of the site may be an impervious surface. In other commercial or industrial districts, no greater than 80 percent of the lot will include impervious surfaces. In residential districts and the OR district, no greater than 65 percent of the lot will include impervious surfaces. The council may exempt city parking lots from this requirement.

(d)

Installations of ramps and facilities for the handicapped are exempt from the impervious surface requirements.

(Code 1972, § 17.20(6); Ord. No. 567, 1-12-2021; Ord. No. 568, 1-12-2021)

Any use involving materials which could detonate by decomposition will be located not less than 800 feet from any residential office/residence zoning district and requires a conditional use permit; except that this standard will not apply to the storage or usage of liquefied petroleum (LP), natural gas or fuel oil for normal residential or business purposes which is restricted to a 1,000-gallon maximum. All activities and storage of flammable and explosive materials at any point will be provided with adequate safety and firefighting devices in accordance with all fire prevention codes of the state.

(Code 1972, § 17.20(7); Ord. No. 477, 2-10-2009; Ord. No. 567, 1-12-2021; Ord. No. 568, 1-12-2021)

Cross reference— Fire prevention and protection, Ch. 38.

No activities will be permitted which emit dangerous radioactivity outside of the premises on which the activity exists or which emit an electrical disturbance adversely affecting the operation of other premises. All electromagnetic radiation must conform to the regulations of the Federal Communications Commission.

(Code 1972, § 17.20(8); Ord. No. 567, 1-12-2021; Ord. No. 568, 1-12-2021)

(a)

No use will 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 or welfare or cause injury or damage to the property.

(b)

No use will 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 department of natural resources and the state department of public health.

(c)

At all recycling drop-off sites, resource recovery, resource reduction or related facilities that collect recyclable waste products, blowing papers and loose trash will be prohibited.

(Code 1972, § 17.20(9); Ord. No. 567, 1-12-2021; Ord. No. 568, 1-12-2021)

Cross reference— Solid waste, Ch. 74.

Hazardous materials can be stored, maintained or used within the city limits only if they are permissible items, storages or usages by statute. In such an event, a written description of such materials, including place stored, the use intended and the amount of material stored, will be submitted to the clerk and maintained current at all times. The requirements of this section apply to all land uses and activities involving any one or more of the following:

(1)

Microorganism cultures, subject to Wis. Stats. § 94.65.

(2)

Pesticides, subject to Wis. Stats. § 94.67(25).

(3)

Biological products, subject to Wis. Stats. § 95.39.

(4)

Hazardous substances, subject to Wis. Stats. § 100.37(1)(c).

(5)

Toxic substances, subject to Wis. Stats. § 101.58(2)(j).

(6)

Infectious agents, subject to Wis. Stats. § 101.58(2)(f).

(7)

Any material for which the state requires notification of a local fire department.

(8)

Any other uses, activities or materials which are subject to county, state or federal hazardous or related material regulations.

(Code 1972, § 17.20(10); Ord. No. 567, 1-12-2021; Ord. No. 568, 1-12-2021)

All land uses involving hazardous materials will submit a written description of such materials and the operations involving such materials conducted on this property as part of site plan submittal.

(Code 1972, § 17.20(11); Ord. No. 567, 1-12-2021; Ord. No. 568, 1-12-2021)

No land will be developed and no use will be permitted that results in water runoff which causes property damage or nuisance and/or erosion on adjacent properties.

(Code 1972, § 17.20(12); Ord. No. 567, 1-12-2021; Ord. No. 568, 1-12-2021)

Hedges or similar living vegetation are not considered fencing but are subject to Visibility Triangle regulations in section 106- 263. Fencing, landscape walls and decorative posts equal to or exceeding 30 inches in height for all land use activities will meet the following requirements:

(1)

In residential districts, materials for constructing fencing, landscape walls and decorative posts, include wood, stone, brick, wrought iron, chain link and wire mesh.

(2)

In nonresidential districts, the materials listed in subsection (1) of this section are the allowed fence materials. In nonresidential districts barbed wire fencing is permitted on security fences at heights equal to or greater than five and one-half feet (66 inches).

(3)

Temporary fencing, including the use of wood or plastic snow fences for the purposes of limiting snow drifting, protection of excavation and construction sites, and the protection of seasonal plants and during grading and construction, is permitted.

(4)

No fence, landscape wall or decorative post will be located closer than two feet to the front yard property line. Fences may be located on any property line abutting a side or rear yard. Fences on rear yards adjacent to an alleyway need to be ten feet from the alleyway pavement.

(5)

The maximum height for any fence, landscape wall or decorative post will be no greater than four feet within a required front set-back of any residential property, or along any city street, and shall not block any sight lines or obstruct views related to the navigation of streets or sidewalks. When located along the non-street side or rear set-back of a residential property, no fence, landscape wall or decorative post will exceed six feet. Barbed wire fencing is not permitted when adjoining a residential property.

(6)

All fences, landscape walls or decorative posts will be erected as to locate visible supports and other structural components toward the subject property. All will be maintained in a structurally sound and attractive manner.

(Code 1972, § 17.20(13); Ord. No. 567, 1-12-2021; Ord. No. 568, 1-12-2021; Ord. No. 578, 8-16-2022; Ord. No. 580, 11-15-2022)

(a)

Intent. Buffer yards are intended to provide visual barriers that block out the glare of lights, signs and other visual nuisances, such as incompatible uses. Streets or alleys will meet these screening requirements when abutting commercial or industrial uses.

(b)

Residential use abutting commercial or industrial use. Commercial uses must be effectively screened from residential uses. Permanent screening will be provided and maintained along a buffer strip along any boundary of common commercial/residential use by the commercial user. Such screens of natural vegetation must be three feet in height when planted and increase in reach from zero feet to five feet in height within the first four years and five feet in depth and be so maintained.

(c)

Commercial use abutting industrial use. A buffer area composed of trees and shrubs must effectively screen commercial uses from industrial uses. Permanent screening will be provided and maintained by the industrial user along a buffer strip along any bordering commercial or industrial use. Such screens of natural vegetation must be three feet in height when planted and increase in reach from zero feet to five feet in height within the first four years and five feet in depth and be so maintained.

(d)

Lighting. All exterior lighting must be shielded or designed to prevent light trespass beyond the property lines or substantial sky glow.

(Code 1972, § 17.21; Ord. No. 567, 1-12-2021; Ord. No. 568, 1-12-2021)

Shoreland properties annexed after 1982 will follow the shoreland regulations defined in Wis. Stats. § 62.233 Zoning of Annexed or Incorporated Shorelands.

(Ord. No. 518, 1-14-2014; Ord. No. 567, 1-12-2021; Ord. No. 568, 1-12-2021)