This chapter permits specific uses in specific districts; and the performance standards of this article are designed to limit, restrict and prohibit the effects of those uses outside their premises or district. All structures, lands, air and waters shall, after the effective date of the ordinance from which this chapter is derived, in addition to their use, site and sanitary regulations, comply with the performance standards of this article.

No person shall cause, allow or create air pollutant emissions in excess of those limitations set forth in the Wis. Admin. Code, pursuant to Wis. Stats. § 285.01(3).

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 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. The aboveground storage capacity of materials that produce flammable or explosive vapors shall not exceed the following:

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

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.

(a)

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.

(b)

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. Admin. Code NR ch. 102 for the Bark River and its use.

Cross reference— Utilities, ch. 86.

(a)

No activity in an M-2 general manufacturing district and in a Q-1 quarrying/extractive district shall produce a sound level outside the district boundary that exceeds the following sound level measured by a sound level meter and associated octave band filter:

(b)

No other activity in any other district shall produce a sound level outside its premises that exceeds the following:

(c)

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

(d)

All sirens, whistles, and bells which are maintained and utilized solely to serve a public purpose are exempt from the sound level standards of this section.

Cross reference— Loud and unnecessary noise, § 66-6.

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

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:

In addition to the provisions of section 62-4(8) of the Village of Hartland Municipal Code, 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 section NR 429.03, excluding 429.03(2)(b), of the Wis. Admin. Code, and the Village of Hartland shall conduct such investigations instead of the state department of natural resources.

The intent of this section, including section 46-101(3), is to provide illumination only to the extent necessary to meet functional, safety and security needs while conserving energy whenever possible. Agricultural, single-family residential and two-family residential uses are exempted from these lighting standards, but such uses are subject to the provisions of chapter 62. No exterior lighting used for parking lots, recreational facilities, product display or security shall be permitted to spill over on operators of motor vehicles, pedestrians and uses of land in the vicinity of the light source. This requirement and the following requirements shall not apply to lighting placed in a public right-of-way for public safety. A photometric plan shall be submitted to show compliance with the lighting standards.

(a)

Type. Shielded luminaries, or luminaries with full cutoff optics, and careful fixture placement shall be required so as to not allow any light above the horizontal, as measured at the luminaire.

(b)

Orientation. Exterior lighting fixtures shall be oriented so that the lighting element (or a transparent shield) does not throw rays onto neighboring properties. Light rays shall not be directed into street rights-of-way or upward into the atmosphere.

(c)

Lighting standards. All areas designated on approved site plans for vehicular parking, loading, or circulation and used for any such purpose after sunset shall provide artificial illumination, exclusive of approved anti-vandal lighting, in such areas in accordance with the standards established in the most recent edition of the Illuminating Engineering Society of North America's Document RP-20, "Lighting for Parking Facilities," which ranges from 0.2 to 2.0 footcandles based on the type of use the parking lot is serving and the extent of desired security.

(d)

Intensity of illumination. The intensity of illumination, measured at the property line, shall not exceed 0.5 footcandles.

(e)

Height. Outdoor lighting fixtures on poles shall not exceed a height of 25 feet measured from the fixture lens to the ground level. The plan commission may permit a higher height in exceptional circumstances based on the size and topography of the site and compatibility with the scale of surrounding uses.

(f)

Duration. The duration or hours of operation for all outdoor lighting shall be determined by the plan commission on a case-by-case basis based on a submitted plan of operation for such uses.

(g)

Sport Lighting. Each intended sport lighting shall be designed only for the intended sporting event and shall require plan commission review and approval. The operation of all sport illumination shall be limited to the duration of the sporting event and shall be illuminated only for the purposes of the specific event.

(h)

Sign lighting. See section 46-984.

(i)

Prohibited lighting. Flashing, flickering and other lighting that may distract motorists and lightings that create or become a public nuisance are prohibited.

(j)

Nonconforming lighting. All lighting fixtures approved prior to the adoption of this chapter shall be treated as and regulated as legal nonconforming uses. (See section 46-14)

(Ord. No. 821-14, § 1, 4-28-2014; Ord. No. 845-18, § 8, 1-22-2018)

Where floodproofing by means of elevating on fill is deemed inappropriate or impractical and where floodproofing by means other than fill is permitted, floodproofing measures shall comply with the provisions of section 46-1090.