(1)

COMPLIANCE. (Am. Ord. #08-17) This chapter permits specific non-residential land uses and activities to be conducted on property in specific non-residential zoning districts, including the "A" agricultural, "B" business and "M" manufacturing and industrial zoning districts. These performance standards are designed to limit, restrict and prohibit the effects of such non-residential land uses and activities beyond the boundaries of property located within these non-residential zoning districts. All structures, lands, air and waters associated with property located within the "A" agricultural, "B" business and "M" manufacturing and industrial zoning districts shall hereafter, in addition to all other applicable use, site and sanitary regulations, comply with the following performance standards.

(2)

AIR POLLUTION. No activity shall emit 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 other property. No activity shall emit any liquid or solid particles in concentrations exceeding 0.3 grains 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 Mine's Information Circular 7718; except for not more than 4 minutes during any 6-hour period, each stack or chimney may emit smoke of Ringelmann No. 3. No activity shall emit more than 10 units per hour per stack or no chimney may emit up to 20 smoke units when blowing soot or cleaning fires.

(3)

FIRE AND EXPLOSIVE HAZARDS. 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 fire fighting 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 noncombustible exterior walls and an automatic fire extinguishing system. The above ground storage capacity of materials that produce flammable or explosive vapors shall not exceed the following:

(4)

GLARE AND HEAT. 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.

(5)

WATER QUALITY PROTECTION. 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 sub merged debris, oil or scum, color, odor, taste or unsightliness or be harmful to human, animal, plant or aquatic life.

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. Adm. Code NR 102 for the Menomonee River and its use.

(6)

NOISE. (Am. Ord. #08-17) No land use or activity being conducted on property located in the M-1, M-2, M-3 and M-4 Manufacturing and Industrial Zoning Districts shall produce a sound level beyond the boundaries of that property that exceeds the sound level limits set forth in Table 1 as measured by a sound level meter:

Table 1.

All noise shall be so muffled or otherwise controlled so as not to become objectionable due to intermittence, duration, beat frequency, impulse character, periodic character or shrillness.

Pursuant to the sound level limit requirement set forth herein, no sound level shall be deemed to be in violation of this requirement unless the offending sound exceeds the applicable sound level limit in Table 1, and, exceeds the then existing ambient sound level by at least 5 db(A) at the location from which the sound level is measured.

All land uses and activities in all zoning districts, except the "M" manufacturing and industrial zoning districts set forth herein, are subject to all provisions and regulations concerning noise as set forth in Chapter 9 (Public Peace and Good Order) and Chapter 10 (Public Nuisances).

(7)

ODORS. No activity, with the exception of agricultural activity, shall emit any odorous matter of such nature or quantity as to be offensive, obnoxious or unhealthful outside its 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.

(8)

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

(9)

VIBRATION. No activity in any district shall emit vibrations that are discernible without instruments outside its premises. No activity shall emit vibrations which exceed the following displacement measured with a 3-component measuring system:

(10)

WIND ENERGY CONVERSION SYSTEMS. (Cr. Ord. #1-91) Approved wind energy conversion systems shall be constructed and operated according to the provisions of this chapter.

(a)

Construction. Wind energy conversion systems shall be constructed and anchored in such a manner to withstand wind pressure of not less than 40 pounds per square foot of area.

(b)

Noise. The maximum level of noise permitted to be generated by a wind energy conversion system shall be 50 decibels, as measured on the dB(A) scale, measured at the lot line.

(c)

Electromagnetic Interference. Wind energy conversion system generators and alternators shall be filtered and/or shielded so as to prevent the emission of radio-frequency energy that would cause any harmful interference with radio and/or television broadcasting or reception. In the event that harmful interference is caused subsequent to the granting of a conditional use permit or building permit, the operator of the wind energy conversion system shall promptly take steps to eliminate the harmful interference in accordance with Federal Communications Commission regulations.

(d)

Location and Height. Wind energy conversion systems shall meet all setback and yard requirements for the district in which they are located and, in addition, shall be located not closer to a property boundary than a distance equal to their height. Wind energy conversion systems are exempt from the height requirements of this subsection; however, all such systems over 100 feet in height shall submit plans to the Federal Aviation Administration (FAA) to determine whether the system is to be considered an object affecting navigable air space. A copy of any FAA restrictions imposed shall be included as part of the application for a conditional use or building permit.

(e)

Fence Required. All wind energy conversion systems shall be surrounded by a security fence not less than 6 feet in height or other acceptable safety feature. A sign shall be posted on the fence or tower warning of high voltage.

(11)

SOLAR ENERGY CONVERSION SYSTEMS. (Cr. Ord. #1-91) Approved solar energy conversion systems shall be constructed and operated according to the provisions of this chapter.

(a)

Construction. Solar energy conversion systems shall be constructed and installed in conformance with all applicable State and local building codes.

(b)

Location and Height. Solar energy conversion systems shall meet all setback and yard requirements for the district in which they are located. Solar energy conversion systems shall conform to all height requirements of this chapter unless otherwise provided in the conditional use permit or building permit issued pursuant to this section.

(c)

Solar Access Easements or Agreements. Copies of any solar access easements or agreements obtained by the applicant shall be provided to the Village at the time of application for the conditional use permit or building permit.