Fairwater City Zoning Code
ARTICLE VIII
Performance Standards
§ 485-63 Intent.
It is the intent of this article to use performance standards for the regulation of 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. 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. No structure, land or water shall hereafter be used except in compliance with the district regulations and with the following environmental performance standards.
§ 485-64 Noise.
The volume, intensity and/or frequency of sound generated by a permitted use shall comply with the following standards:
A.
Objectionable sounds of an intermittent nature shall be controlled, muffled, or otherwise abated so as to not be a nuisance to adjacent uses.
B.
The volume of sound inherently, consistently, and/or recurrently generated by a permitted business or industrial use, as measured by a sound level meter and associated octave band analyzer conforming to standards prescribed by the American Standards Association, shall not exceed the values set forth in the following tables:
Frequency Range (cycles/second) | Table A Sound Level (decibels) | Table B Sound Level (decibels) |
|---|---|---|
0 to 74 | 72 | 79 |
75 to 149 | 67 | 74 |
150 to 299 | 59 | 66 |
300 to 599 | 52 | 59 |
600 to 1,199 | 46 | 53 |
1,200 to 2,399 | 40 | 47 |
2,400 to 4,799 | 34 | 41 |
4,800 and above | 32 | 39 |
Table A shall apply to any sound measured at any point in a residential district; any nighttime sound occurring between 10:00 p.m. and 6:00 a.m.; any sound of impulsive character, e.g., hammering; or any sound of periodic character, e.g., hum or screech. |
Table B shall apply to all other sounds generated by a business or industrial use as measured at the zoning district boundaries. |
§ 485-65 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 property line of the source. "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.
§ 485-66 Glare and heat.
No unsanctioned activity shall emit glare or heat that is visible or measurable outside its premises, except activities in the industrial district 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.
§ 485-67 Odor.
No operation or activity shall emit any substance or combination of substances in such quantities that create an objectionable odor as defined in § NR 429.03, Wis. Adm. Code.
§ 485-68 Fire and explosive hazards.
All activities involving the manufacturing, utilization, processing or storage of inflammable and explosive material 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.
§ 485-69 Air pollution.
A.
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 Ch. NR 431, Wis. Adm. Code.
B.
No activity or operation shall be established or maintained which by reason of its nature causes emission of any fly ash, dust, fumes, vapors, mists or gases in such quantities as to cause soiling or danger to the health of persons, animals, vegetation or property. In no case shall any activity emit any liquid or solid particles in concentrations exceeding 0.3 grain per cubic foot of the conveying gas, nor any color visible smoke equal to or darker than No. 2 on the Ringelmann Chart described in the United States Bureau of Mines' Information Circular 7718 in any industrial district.
§ 485-70 Hazardous pollutants.
A.
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 Ch. NR 445, Wis. Adm. Code.
B.
Liquid or solid wastes. No activity shall discharge at any point onto any land or into any water or public sewer any materials of such nature, quantity, noxiousness, toxicity or temperature which can contaminate, pollute or harm the quantity or quality of any water supply; can cause the emission of dangerous or offensive elements; can overload the existing municipal utilities; or can injure or damage persons or property.
§ 485-71 Radioactivity and electrical disturbances.
No activity shall emit radioactivity or electrical disturbances outside its premises that are dangerous or adversely affect the use of neighboring premises.
§ 485-72 Refuse.
All waste material, debris, refuse or garbage not disposed of through the public sanitary sewerage system shall be kept in an enclosed building or properly contained in a closed container designed for such purposes. The owner of vacant land shall be responsible for keeping such land free of refuse.