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Kohler Village City Zoning Code

CHAPTER 20

20 - GENERAL PERFORMANCE STANDARDS

20.20010 - Compliance.

All land uses and activities in the village of Kohler established after the effective date of the ordinance codified in this chapter shall comply with the standards set forth in this chapter.

(Ord. 81-3 § 1 (part), 1981)

20.20.020 - 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 form of property.

(Ord. 81-3 § 1 (part), 1981)

20.20.030 - Fire and explosive hazards.

All activities involving the manufacturing, utilization, processing, or storage of inflammable 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. Such activities shall be located and managed in a manner so as not to endanger any adjoining properties or the public in general. 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.

(Ord. 81-3 § 1 (part), 1981)

20.20.040 - Glare and heat.

No 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 the 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. 81-3 § 1 (part), 1981)

20.20.050 - 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. No such wastes shall be stored in the village for a period longer than three months.

(Ord. 81-3 § 1 (part), 1981)

20.20.060 - Noise.

Refer to the village ordinance pertaining to noise control.

(Ord. 81-3 § 1 (part), 1981)

20.20.070 - Odors.

No activity shall emit any odorous matter of such nature or quantity to be offensive, obnoxious, or unhealthful outside their premises.

(Ord. 81-3 § 1 (part), 1981)

20.20.080 - 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.

(Ord. 81-3 § 1 (part), 1981)

20.20.090 - Stormwater.

A.

All developments of more than one acre shall limit the amount of stormwater to an amount determined by the following method:

1.

Runoff computation method, rational formula or other method acceptable to the village planning commission;

2.

Design storm frequency, ten years;

3.

Design storm duration; six hours;

4.

Impervious surface ratio and time of concentration, consistent with the ultimate land use of the development.

B.

All stormwater calculations shall be submitted to the zoning administrator for review as specified in Section 20.24.020.

(Ord. 81-3 § 1 (part), 1981)

20.20.100 - Electric power and communication distribution lines.

Any new electric power and communication transmission or distribution lines shall be installed underground.

(Ord. 81-3 § 1 (part), 1981)

20.20.110 - Natural features.

For all developments, the developer shall determine the presence of environmental or natural features on the site and shall meet the following standards of environmental protection. Site alterations, regrading, filling, or clearing of vegetation prior to issuance of a building permit shall be a violation of this title:

A.

Woodlands. Woodlands identified for preservation in the village master plan shall be left in their natural state. Other woodlands or mature stands of trees are to be left intact where possible. In any event, no more than twenty-five percent of such areas may be developed and/or cleared.

B.

Lakes, Ponds, Wetlands, or Marshes. These features shall be left intact. No development, filling, piping or diverting shall be permitted except upon receipt of plans and approval zoning permit from the plan commission.

C.

Slopes. Twenty-five percent or more, no more than fifteen percent of these sloped areas shall be developed and/or regraded or stripped of vegetation.

D.

One-hundred-year Floodplains.

1.

Only open space uses are permitted within the floodway portion of the one-hundred-year floodplain subject to the following conditions:

All structures, utility and sanitary facilities, and storage areas shall be either elevated one foot above the one hundred year flood level or be designed so that building elevations below the one-hundred-year flood level are floodproofed.

2.

In addition, a registered professional engineer or architect shall certify that the floodproofing methods are adequate to withstand the flood depths, pressures, velocities, impact and up-lift forces, and other factors associated with the base flood, and a record of such certification indicating the specific elevation to which such structures are floodproofed shall be submitted with the application for a building permit.

(Ord. 81-3 § 1 (part), 1981)

20.20.120 - Common open space.

A.

All open space intended for use by owners or residents of a particular development or the public in general shall be owned, maintained, or preserved in one of the following ways:

1.

Fee simple dedication or sale to the village or other nonprofit conservation group;

2.

Held in common through condominium agreements or Home Owners Associations;

3.

Dedication of development rights by using conservation easements or deed restrictions or long-term lease restrictions with the village as beneficiary.

B.

Common open space shall not be separately sold nor shall such land be further developed for uses other than recreational uses.

C.

Open space shall be laid out in accordance with the best principals of site design. Open spaces are most needed in areas of highest density and should be located as close to all residences as possible.

(Ord. 81-3 § 1 (part), 1981)

20.20.130 - Buffer yards and screens.

A.

The plan commission may require buffer yards and screens where, in their opinion, they are necessary to reduce the impacts of proposed uses on adjacent properties. Buffer yards and screens may be required jointly or separately.

B.

Buffer Yards.

1.

Buffer yards are horizontal separations along lot lines that are intended to increase the physical separation between incompatible uses. The width of the required buffer yard shall be determined by the plan commission. The minimum width shall be ten feet.

2.

All buffer yards shall be attractively landscaped and kept free of debris, weeds and tall grass. No structure, activity, storage of materials, or parking of vehicles shall be permitted in a buffer yard. Maintenance of buffer yards shall be the continuing obligation of the owner of the property.

C.

Screens.

1.

Screens are barriers located in a limited space (ten feet or less) intended to perform a buffering effect, particularly for noise reduction or visual screening. Screens may consist of existing or planted vegetation, fences, walls, earth berms, or similar techniques. Plant screens shall be installed within six months of occupancy, and shall be of sufficient size to provide a year-round screen within four years of installation. Walls or earth berms shall be required where noise reduction is necessary.

2.

Screen plantings shall be permanently maintained by the owner of the property and any plant materials which do not live shall be replaced within six months.

(Ord. 81-3 § 1 (part), 1981)