It is the intent of this article to use performance standards for the regulation of industrial uses to facilitate a more objective and equitable basis for control and to ensure that the community is adequately protected from potential hazardous and nuisance-like effects.

(Code 1992, § 17.50(1))

Standards of operation within industrial developments shall be as follows:

(1)

Vibration.

a.

No operation or activity shall transmit any physical vibration that is above the vibration perception threshold of an individual at or beyond the industrial district boundaries. Vibration perception threshold means the minimum ground- or structure-borne vibrational motion necessary to cause a normal 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 shall be exempt from the above standard.

(2)

External lighting. No operation or activity shall produce any intense glare or lighting with the source directly visible beyond the industrial district boundaries.

(3)

Odor. No operation or activity shall emit any substance or combination of substances in such quantities that create an objectionable odor as defined in Wis. Admin. Code ch. NR 429.

(4)

Particulate emissions. No operation or activity shall emit any particulate matter into the ambient air which exceeds the limitations as established in Wis. Admin. Code ch. NR 415.

(5)

Visible emissions. No operation or activity shall emit into the ambient air from any direct or portable source any matter that will affect visibility in excess of the limitations established in Wis. Admin. Code ch. NR 431.

(6)

Hazardous pollutants. No operation or activity shall emit any hazardous substances in such a quantity, concentration or duration as to be injurious to human health or property and all emissions of hazardous substances shall not exceed the limitations established in Wis. Admin. Code ch. NR 445.

(Code 1992, § 17.50(12))

Determinations necessary for the administration and enforcement of these standards range from those which can be made by a reasonable person using normal senses and no mechanical equipment to those requiring substantial technical competence and complex equipment. It is the intent of this chapter that the methods to be used in determining compliance shall be the responsibility of the building inspector and administrator, subject to the following procedures:

(1)

Approval of building permits. Prior to approving a zoning permit for any industrial use or any change thereof, the building inspector and administrator shall have received from the applicant evidence or assurance that the proposed use or changing use will satisfy the air quality, vibration and exterior lighting standards of this chapter.

(2)

Violation of standards. Whenever the building inspector or administrator has reason to believe the air quality, vibration and exterior lighting standards of this chapter have been violated, written notice shall be made by certified mail to the person or persons responsible for the alleged violation. Such notice shall describe the alleged violation and shall require an answer or correction of the alleged violation within 30 days. Failure to reply or correct the alleged violation within 30 days may cause lawful action to be taken to cause correction as provided in this Code or referral of the alleged violation to the state department of natural resources.

(Code 1992, § 17.50(3))