PERFORMANCE STANDARDS
This Ordinance 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 and site regulations, comply with the following performance standards.
(Ord. No. 2004-04, § 95.0901, 5-25-04)
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 or constitute a nuisance to surrounding property owners. Dust and other types of pollution borne by the wind from such sources as storage areas, yards, roads, and the like, within lot boundaries shall be kept to a minimum by appropriate landscaping, paving, fencing, or other acceptable means.
(Ord. No. 2004-04, § 95.0902, 5-25-04)
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 incombustible 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:
(Ord. No. 2004-04, § 95.0903, 5-25-04)
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. 2004-04, § 95.0904, 5-25-04)
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.
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 set forth in ch. NR 102, Wis. Adm. Code.
(Ord. No. 2004-04, § 95.0905, 5-25-04)
(a)
No activity in an M-2 General Manufacturing 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 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.
(Ord. No. 2004-04, § 95.0906, 5-25-04)
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 § NR 429.03, Wis. Adm. Code, and amendments thereto.
(Ord. No. 2004-04, § 95.0907, 5-25-04)
No activity shall emit radioactivity or electrical disturbances outside its premises that are dangerous or adversely affect the use of neighboring premises. All applicable state and federal regulations shall be complied with.
(Ord. No. 2004-04, § 95.0908, 5-25-04)
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. 2004-04, § 95.0909, 5-25-04)
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. These requirements shall not apply to lighting placed in a public right-of-way for public safety.
(a)
Type. Shielded luminaries, or luminaries with cutoff optics, and careful fixture placement shall be required so as to facilitate compliance with this Section.
(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." These standards shall not apply to properties in agricultural, single-family residential, and two-family residential districts.
(d)
Intensity of illumination. The intensity of illumination on properties containing intense uses abutting less intense uses, measured at the property line, shall not exceed 0.5 footcandles.
(e)
Flashing, flickering, and other distracting lighting. Flashing, flickering, and other distracting lighting which may distract motorists is prohibited.
(f)
Nuisances. Lighting which creates or becomes a public nuisance is not permitted.
(g)
Accent lighting and low voltage lighting. Accent lighting and low voltage lighting (12 volts or less) is exempt from these requirements.
(h)
Nonconforming lighting. All lighting fixtures approved prior to the adoption of this Ordinance shall be treated as and regulated as legal nonconforming uses. (See section 95-111.)
(Ord. No. 2004-04, § 95.0910, 5-25-04)
Editor's note— Ord. No. 16-07, § 2, adopted Aug. 1, 2016, repealed § 95-141, which pertained to floodproofing and derived from Ord. No. 2004-04, § 95.0911, adopted May 25, 2004.
PERFORMANCE STANDARDS
This Ordinance 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 and site regulations, comply with the following performance standards.
(Ord. No. 2004-04, § 95.0901, 5-25-04)
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 or constitute a nuisance to surrounding property owners. Dust and other types of pollution borne by the wind from such sources as storage areas, yards, roads, and the like, within lot boundaries shall be kept to a minimum by appropriate landscaping, paving, fencing, or other acceptable means.
(Ord. No. 2004-04, § 95.0902, 5-25-04)
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 incombustible 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:
(Ord. No. 2004-04, § 95.0903, 5-25-04)
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. 2004-04, § 95.0904, 5-25-04)
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.
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 set forth in ch. NR 102, Wis. Adm. Code.
(Ord. No. 2004-04, § 95.0905, 5-25-04)
(a)
No activity in an M-2 General Manufacturing 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 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.
(Ord. No. 2004-04, § 95.0906, 5-25-04)
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 § NR 429.03, Wis. Adm. Code, and amendments thereto.
(Ord. No. 2004-04, § 95.0907, 5-25-04)
No activity shall emit radioactivity or electrical disturbances outside its premises that are dangerous or adversely affect the use of neighboring premises. All applicable state and federal regulations shall be complied with.
(Ord. No. 2004-04, § 95.0908, 5-25-04)
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. 2004-04, § 95.0909, 5-25-04)
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. These requirements shall not apply to lighting placed in a public right-of-way for public safety.
(a)
Type. Shielded luminaries, or luminaries with cutoff optics, and careful fixture placement shall be required so as to facilitate compliance with this Section.
(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." These standards shall not apply to properties in agricultural, single-family residential, and two-family residential districts.
(d)
Intensity of illumination. The intensity of illumination on properties containing intense uses abutting less intense uses, measured at the property line, shall not exceed 0.5 footcandles.
(e)
Flashing, flickering, and other distracting lighting. Flashing, flickering, and other distracting lighting which may distract motorists is prohibited.
(f)
Nuisances. Lighting which creates or becomes a public nuisance is not permitted.
(g)
Accent lighting and low voltage lighting. Accent lighting and low voltage lighting (12 volts or less) is exempt from these requirements.
(h)
Nonconforming lighting. All lighting fixtures approved prior to the adoption of this Ordinance shall be treated as and regulated as legal nonconforming uses. (See section 95-111.)
(Ord. No. 2004-04, § 95.0910, 5-25-04)
Editor's note— Ord. No. 16-07, § 2, adopted Aug. 1, 2016, repealed § 95-141, which pertained to floodproofing and derived from Ord. No. 2004-04, § 95.0911, adopted May 25, 2004.