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

(Ord. No. 14-05, §§ 1, 2, 2014.)

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 established state or federal air pollution standards.

(Ord. No. 14-05, §§ 1, 2, 2014.)

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.

(Ord. No. 14-05, §§ 1, 2, 2014.)

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.

(Ord. No. 14-05, §§ 1, 2, 2014.)

No other activity in any zoning district shall produce a sound level outside its premises that disturbs the comfort, health, repose or safety of the public. Such noise shall be defined as a public nuisance and regulated in keeping with Chapter 10, Public Nuisances of the Elkhorn Municipal Code. In addresses such nuisances, the City may consider the extent to which the sound exceeds the following:

In addressing sound nuisances, the City may consider whether the noise is so muffled or otherwise controlled as not to become objectionable due to intermittence, duration, beat frequency, impulse character, periodic character or shrillness.

(Ord. No. 14-05, §§ 1, 2, 2014.)

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 Chapter 13, Air Pollution Abatement Manual—1960, prepared by the Manufacturing Chemists' Association, Inc., Washington, D.C.

(Ord. No. 14-05, §§ 1, 2, 2014.)

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

(Ord. No. 14-05, §§ 1, 2, 2014.)

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:

(Ord. No. 14-05, §§ 1, 2, 2014.)

(1)

Purpose. The purpose of this section is to diminish the effects of "light pollution" within the City by presenting the spill over of light and glare in the vicinity of night lighting and signage. Further, this section is intended to prevent the nuisance of over lighted properties and to preserve and enhance the night sky, conserve energy and preserve the environment for astronomy.

(2)

Definitions.

(a)

Outdoor lighting fixture: An outdoor artificial illuminating device, whether permanent or portable used for illumination or advertisement, including searchlights, spotlights and floodlights, whether for architectural lighting, parking lot lighting, landscape lighting, billboards or street lighting.

(b)

Shielded: A fixture is shielded if light rays emitted by the fixture, either directly from the lamp or indirectly from the fixture, are projected at least 15° below a horizontal plane running through the lowest point on the fixture where light is emitted.

(c)

Sign: Signs and signage shall be included in the regulations contained herein, if signage has lighting as an element of the sign from within or without the sign.

(d)

Display lots: Display lots are a lighted lot where business stock or inventory is displayed for the public's view, such as automobile dealership lots.

(3)

Applicability.

(a)

The requirements of this section apply to all Elkhorn commercial, retail, business or private exterior lighting and signage within the jurisdiction of City zoning.

(b)

Any existing lighting that is damaged or needs repair or replacement must be reinstalled or repaired in a manner to comply with this section.

(c)

The provision of this Code shall not apply to the Walworth County Law Enforcement Center.

(4)

Lighting to be Shown on Site Plans. Any site plans submitted to the City of Elkhorn for development projects shall contain a depiction as to location, orientation and configuration of any and all proposed exterior lighting. Failure to do so shall constitute grounds to reject submitted plan.

(5)

Shielding of Outdoors Light Fixtures. All outdoor lighting fixtures shall be shielded, except incandescent fixtures 150 Watts or less and other sources of 70 Watts or less. This section shall apply to all commercial business or private properties held out for use by the public for a commercial purpose.

(6)

Illumination Levels. All outdoor light shall not exceed the illumination levels recommended by the Illuminating Engineering Society of North America (IES) given in Appendix A.

(7)

Filtering. Metal Halide fixtures shall be filtered. Filtering means any outdoor light fixture, which has a glass or acrylic enclosure. Quartz glass does not meet this requirement.

(8)

Display Lot Lighting. Display lot lighting shall be turned off within 30 minutes after close of the business day. Under no circumstances shall the full illumination of a display lot be permitted after 11:00 p.m. After 11:00 p.m. only security lighting shall be permitted. Both security and display lighting shall meet the terms of this section, in every regard, including shielding and materials.

(9)

Architectural Lighting. All architectural lighting shall be of 150 Watts or less (incandescent) or 70 Watts or less (other types), and be extinguished no later than 11:00 p.m. Lights shall have at least 90% of their lighting falling on the illuminated structure.

(10)

Use of Mercury Vapor Lighting Fixtures. No new mercury vapor outdoor lighting fixtures shall be installed in the City of Elkhorn after the date of passage of the ordinance codified in this chapter. No replacement equipment or bulbs for mercury vapor lighting shall be installed or repaired in the City of Elkhorn after the date of passage of the ordinance codified in this chapter.

(11)

Flashing, Flickering, Strobe or Other Distracting Lights. Flashing, flickering, strobe or other distracting lights are prohibited if visible to motorists. Exempt from this section are standard holiday and Christmas lighting typically sold at hardware stores for display during the holiday season, as long as of very low intensity and of non-permanent nature.

(12)

Violations and Penalty. Any person, firm, business, corporation, partnership or entity violating the provisions of this section shall be declared a nuisance and subject to a fine of not more than $500.00 for each day the violation continues after issuance of a citation. Such nuisance may be abated in the manner permitted by Elkhorn Municipal Code of Ordinances and Wisconsin Statutes.

APPENDIX "A"
;hclead; RECOMMENDED ILLUMINATION LEVELS OF THE ILLUMINATING ENGINEERING SOCIETY
OF NORTH AMERICA (IES)

PARKING LOTS:

¹  Assumes light is at a height of 20 ft. If light is at 30 ft. the lumens need to be doubled to achieve the same fc at the ground.

LEVEL OF ACTIVITY GUIDELINES:

OTHER RECOMMENDATIONS:

¹  Assumes light is at a height of 20 ft. If light is at 30 ft. the lumens need to be doubled to achieve the same fc at the ground.

²  Assumes a canopy height of 15 ft.

³  Assumes light at a height of 10 ft.

(Ord. No. 14-05, §§ 1, 2, 2014.)