Lake Mills City Zoning Code
ARTICLE VIII
Performance Standards
§ 660-137 Purpose.
The purpose of this article is to indicate the requirements for exterior lighting, erosion control, vibration, noise, glare and heat, fire and explosion, air pollution and smoke, water quality, odors, radioactivity, electrical disturbance and interference, chemical, asbestos, and other hazardous materials storage, solar energy systems, and geothermal for all development occurring within the jurisdiction of this chapter.
§ 660-138 Compliance in all zoning districts.
Any use established hereafter in any zoning district shall be so operated as to comply with the hazard prevention performance standards set forth in this article as well as state and federal regulations unless otherwise specified.
§ 660-142 Exterior lighting.
A.
Purpose. The purpose of this section is to regulate the spillover of light and glare on operators of motor vehicles, pedestrians, and land uses in the vicinity of a light source in order to promote traffic safety and to prevent the creation of nuisances in all zoning districts.
B.
Applicability. The requirements of this section apply to all private exterior lighting within the jurisdiction of this chapter, except for lighting within public rights-of-way and/or lighting located on public property.
C.
Depiction on required design (BSO) plan. Any and all exterior lighting shall be depicted as to its location, orientation and configuration on a BSO plan required for the development of the subject property. (Refer to § 660-205 of this chapter.)
D.
Requirements.
(1)
Orientation of fixture. All fixtures shall be ninety-degree downcast. In no instance shall an exterior lighting fixture be oriented so that the lighting element (or a transparent shield) is visible from a property located within a residential zoning district. The use of shielded luminaries and careful fixture placement is encouraged so as to facilitate compliance with this requirement.
(2)
Location. Light fixtures shall not be located within required buffer yards. In no case shall a lighting fixture be located closer than three feet to a property line in any district.
(3)
Flashing, flickering and other distracting lighting. Flashing, flickering and/or other lighting which may distract motorists are prohibited.
(4)
Lamps, bulbs, and intensity of illumination:
(a)
Lamps or bulbs. The use of metal halide lamps or bulbs shall be prohibited except as allowed under Subsection D(4)(e) below. The use of light-emitting diode (LED) type lighting shall not be prohibited under this section.
(b)
Minimum lighting standards. All areas designated on required site plans for vehicular parking, loading, or circulation and used for any such purpose after sunset shall provide artificial illumination in such areas.
(c)
Maximum allowable standards. The maximum allowable illumination shall be 0.5 footcandle measured with a photometer held vertically at a height of four feet zero inches above grade, with its recording cell aimed towards the site from the property line.
(d)
Maximum average illumination. The maximum average on-site lighting in nonresidential zoning districts shall be 2.4 footcandles (500 watts high-pressure sodium, 250 watts low-pressure sodium). The maximum average on-site lighting in residential zoning districts shall be 0.90 footcandles (185 watts high-pressure sodium, 90 watts low-pressure sodium).
(e)
The following exceptions shall be permitted:
[1]
Outdoor recreation facilities and assembly areas. Maximum average on-site lighting of 3.60 footcandles (750 watts metal halide or high-pressure sodium, 375 watts low-pressure sodium). All events shall be scheduled so as to complete all activity before or as near to 10:30 p.m. as practical, but under no circumstances shall any illumination of the playing field, court or track be permitted after 11:00 p.m. except to conclude a scheduled event that was in progress before 11:00 p.m. and circumstances prevented concluding before 11:00 p.m.
[2]
Gas station pump islands. Maximum average on-site lighting of 25.0 footcandles shall be permitted. All under-the-canopy fixtures shall be fully recessed. Only high- and low-pressure sodium vapor lamps or bulbs shall be permitted.
[3]
Auto display lots. The use of metal halide lamps or bulbs shall be permitted to illuminate vehicles for display. The use of metal halide lamps or bulbs shall be prohibited between the hours of 10:30 p.m. and 6:00 a.m. The maximum average on-site lighting shall be 25.0 footcandles.
(5)
Ground-mounted lighting. All ground-mounted luminaries designed or intended for purposes of illuminating buildings, signs, flagpoles, or other on-site amenities shall be completely screened with vegetative cover or other materials as approved under § 660-113 in order to fully shield the light source from public view.
(6)
Building lighting. All luminaries designed or intended for purposes of lighting any building on the premises shall limit, to the greatest extent possible, spill-over of light into the sky. Building-mounted lighting shall be appropriately shielded to prevent glare.
(7)
Fixture heights. The maximum fixture height in the RD, R1-4, R1-6, R1-8, R2-8, R3-12, B2, B1, and HPO Districts shall be 15 feet as measured from grade. The maximum fixture height in the PB, PI, I1, I2, and PIO Districts shall be 20 feet or the ridgeline of the building.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(8)
Fixture base. All lighting fixtures shall be located on a base not to exceed six inches above grade. Fixtures should be placed within landscape islands and otherwise protected by curbing or placement outside of the parking lot.
E.
Nonconforming lighting. All lighting fixtures lawfully existing prior to the effective date of this chapter shall be considered as legal conforming uses and grandfathered fixtures. However, the replacement or relocation of a grandfathered fixture shall result in a discontinuation of such grandfathered status, and such replacement or relocated lighting shall meet the requirements of this section. Moreover, any grandfathered fixtures that direct light toward streets or fixtures in parking lots that cause disability glare to motorists shall be shielded or redirected so that the fixtures do not cause a potential safety hazard to motorists.
F.
Special events lighting. Any temporary or special events lighting which is not in compliance with the requirements of this section shall secure a temporary use permit from the City.
§ 660-143 Erosion control.
A.
Purpose. It is the purpose of this section to preserve the natural resources; to protect the quality of the waters of the state and the City; and to protect and promote the health, safety and welfare of the people, to the extent practicable by minimizing the amount of sediment and other pollutants carried by runoff or discharged from construction sites to lakes, streams and wetlands.
B.
Applicability of section. This section applies to land disturbing and land developing activities on lands within the boundaries and jurisdiction of the City and the public and private lands subject to extraterritorial review under Chapter 236, Wis. Stat. All state-funded or -conducted construction is exempt from this section.
[Note: State-funded or -conducted construction must meet the requirements contained in the "State Plan for the Control of Construction Erosion and Stormwater Runoff" (State plan), which contains similar requirements as contained in this model ordinance, as a minimum.]
C.
Design criteria, standards, and specifications for control measures. All control measures required to comply with this section shall meet the design criteria, standards and specifications for the control measures based on accepted design criteria, standards and specifications identified by the City Building Inspector.
D.
Maintenance of control measures. All sedimentation basins and other control measures necessary to meet the requirements of this section shall be maintained by the applicant or subsequent landowner during the period of land disturbance and land development of the site in a satisfactory manner to ensure adequate performance and to prevent nuisance conditions. Erosion controls shall be in place prior to land-disturbing activity and shall be maintained until construction activities are completed and vegetative cover is established.
E.
Control of erosion and pollutants during land disturbance and development.
(1)
Applicability. This section applies to the following sites of land development or land-disturbing activities:
(a)
Those requiring a subdivision plat approval or the construction of houses or commercial, industrial or institutional buildings on lots of approved subdivision plats.
(b)
Those requiring a certified survey approval or the construction of houses or commercial, industrial or institutional buildings on lots of approved certified surveys.
(c)
Those involving grading, removal of protective ground cover or vegetation, excavation, land filling or other land disturbing activity affecting a surface area of 4,000 square feet or more.
(d)
Those involving excavation or filling or a combination of excavation and filling affecting 400 cubic yards or more of dirt, sand or other excavation or fill material.
(e)
Those involving street, highway, road, or bridge construction, enlargement, relocation or reconstruction.
(f)
Those involving the laying, repairing, replacing or enlarging of an underground pipe or facility for a distance of 300 feet or more.
(Note: The above applicability criteria are specifically stated in 1983 Wisconsin Act 416 for inclusion in the model ordinance. Utility companies responsible for energy repair work should enter into a "memorandum of agreement" with the administration authority clearly stating their responsibilities if their activities may be included under any of the above applicability criteria.)
(g)
Those involving land disturbing activities associated with the construction of boathouses.
(2)
Erosion and other pollutant control requirements. The following requirements shall be met on all sites described in Subsection E(1):
(a)
Site dewatering. Water pumped from the site shall be treated by temporary sedimentation basins, grit chambers, sand filters, upslope chambers, hydro-cyclones, swirl concentrators, or other appropriate controls designed and used to remove particles of 100 microns or greater for the highest dewatering pumping rate. If the water is demonstrated to have no particles of greater than 100 microns during dewatering operations, then no control is needed before discharge, except as determined by the City Building Inspector. Water may not be discharged in a manner that caused erosion of the site or receiving channels.
[Note: There are many ways to meet this particle size performance objective, depending on the pumping rate. As an example, if the pumping rate is very low (1 gal/min), then an inclined or vertical enlargement pipe (about eight-inch diameter for one gallon per minutes) several feet long would be an adequate control device to restrict the discharge of 100 micron, and larger, particles. As the pumping rate increases, then the "device" must be enlarged. At a moderate (100 gallons per minute) pumping rate, a vertical section of corrugated steel pipe, or concrete pipe section, or other small "tank" (about 4 1/2 feet across for a 100 gallons per minute pumping rate) several feet tall would be adequate. With these pipe sections or small tanks, inlet baffles would be needed to minimize turbulence. With very large pumping rates (10,000 gallons per minute), sediment basins (about 35 feet in diameter for a pumping rate of 10,000 gallons per minute) at least three feet in depth with a simple (but adequately sized) pipe outlet would be needed. More sophisticated control devices (such as swirl concentrators or hydro-cyclones) could be specifically fabricated that would generally be smaller than the simple sedimentation devices described above, but they would not be required.]
(b)
Waste and material disposal. All waste and unused building materials (including garbage, debris, cleaning wastes, wastewater, toxic materials, or hazardous materials) shall be properly disposed and not allowed to be carried by runoff into a receiving channel or storm sewer system.
(c)
Tracking. Each site shall have gravel roads, access drives and parking areas of sufficient width and length to prevent sediment from being tracked onto public or private roadways. Any sediment reaching a public or private road shall be removed by street cleaning (not flushing) before the end of each workday.
(d)
Drain inlet protection. All storm drain inlets shall be protected with a straw bale, filter fabric, or equivalent barrier meeting accepted design criteria, standards and specifications.
(e)
Site erosion control. The following criteria (Subsection E(2)(e)[1] through [4]) apply only to land development or land-disturbing activities that result in runoff leaving the site:
[1]
Channelized runoff from adjacent areas passing through the site shall be diverted around disturbed areas, if practical. Otherwise, the channel shall be protected as described below in Subsection E(2)(e)[3]. Sheet flow runoff from adjacent areas greater than 10,000 square feet in area shall also be diverted around disturbed areas unless shown to have resultant runoff velocities of less than 0.5 feet per second across the disturbed area for the set of one year design storms. Diverted runoff shall be conveyed in a manner that will not erode the conveyance and receiving channels. [Note: Natural Resources Conservation Service guidelines for allowable velocities in different types of channels should be followed.]
[2]
All activities on the site shall be conducted in a logical sequence to minimize the area of bare soil exposed at any one time.
[3]
Runoff from the entire disturbed area on the site shall be controlled by meeting either Subsection E(2)(e)[3][a] and [b] or Subsection E(2)(e)[3][a] and [c].
[a]
All disturbed ground left inactive for seven or more days shall be stabilized by seeding or sod (only available prior to September 15) or by mulching or covering, or other equivalent control measure.
[b]
For sites with more than 10 acres disturbed at one time, or if a channel originates in the disturbed area, one or more sedimentation basins shall be constructed. Each sedimentation basin shall have a surface area of at least 1% of the area draining to the basin and at least three feet of depth and constructed in accordance with accepted design specifications. Sediment shall be removed to maintain a depth of three feet. The basin shall be designed to trap sediment greater than 15 microns in size, based on the set of one-year design storms having durations from 0.5 to 24 hours. The basin discharge rate shall also be sufficiently low as to not cause erosion along the discharge channel or the receiving water.
[c]
For sites with less than 10 acres disturbed at one time, filter fences, straw bales, or equivalent control measures shall be placed along all sideslope and downslope sides of the site. If a channel or area of concentrated runoff passes through the site, filter fences shall be placed along the channel edges to reduce sediment reaching the channel.
[4]
Any soil or dirt storage piles containing more than ten cubic yards of material should not be located with a downslope drainage length of less than 25 feet to a roadway or drainage channel. If remaining for more than seven days, they shall be stabilized by mulching, vegetative cover, tarps or other means. Erosion from piles which will be in existence for less than seven days shall be controlled by placing straw bales or filter fence barriers around the pile. In-street utility repair or construction soil or dirt storage piles located closer than 25 feet of roadway or drainage channel must be covered with tarps or suitable alternative control if exposed for more than seven days, and the storm drain inlets must be protected with straw bale or other appropriate filtering barriers.
§ 660-146 Vibrations.
A.
Measurement. Earthborne vibrations are measured with a seismograph or accelerometer and are measured in three mutually perpendicular directions (one vertical and two horizontal). Vibration shall be measured at the site boundary lines. All uses shall conform to the standards set forth in this section.
B.
Permitted steady state vibration displacement. Except temporary construction activities and agricultural activities, no activity shall cause or create a displacement greater than the permitted steady state vibration displacement for the frequencies set forth in Table 8.1.
Table 8.1: Maximum Permitted Steady State Vibration Displacement | ||
|---|---|---|
Frequency (cycle per second) | Vibration Displacement (inches) | |
10 and below | 0.0008 | |
10 to 20 | 0.0005 | |
20 to 30 | 0.0003 | |
30 to 40 | 0.0002 | |
40 and over | 0.0001 | |
C.
Impact vibrations. For impact vibrations, the maximum permitted vibration displacement shall be twice that permitted for steady state vibrations.
D.
Temporary construction activities exempt from requirements. Vibrations resulting from temporary construction activity that occurs between 7:00 a.m. and 7:00 p.m. shall be exempt from the requirements of this section if steady state vibrations and impact vibrations shall not exceed twice the permitted displacement for permanent operations.
E.
Prohibition on vibrations beyond property boundaries. Except temporary construction activities, no activity shall be permitted which creates a vibration beyond the boundaries of the site of the activity sufficient to cause a displacement of 0.003 inch.
F.
Public nuisance prohibited. In no case shall vibrations be allowed to create a public nuisance or hazard beyond the property boundaries.
§ 660-147 Noise.
A.
Measurement of noise. Noise shall be measured using a sound level meter meeting the standards of the American National Standards Institute's (ANSI S1.4-1983, as amended) "American Standard Specification for General Purpose Sound Level Meters." The instrument shall be set to the A-weighted filter response scale and the meter to the slow response. Measurements shall be conducted in accord with ANSI S1.2-1962 "American Standard Method for the Physical Measurement of Sound." Measurements of sound may be made at any point along a district boundary or site boundary line of the noise-generating property. For measuring impact sounds, however, the impact sound shall be measured using the fast response of the sound level meter. Traffic, aircraft, and other background noises must not be considered in measuring noise levels unless the background noise is a part of the noise being measured.
B.
Exemptions from standards of this section. Noises exempt from the requirements of this section include the following:
(1)
Noises of vehicles to the standard noise reduction of manufacturer's specifications.
(2)
Home appliances.
(3)
Chain saws, lawn mowers, and snow blowers in private use (not commercial repair services).
(4)
Occasionally used safety signals, warning and emergency signals, and emergency pressure-relief valves.
(5)
Unamplified human voice.
(6)
Bells or chimes.
(7)
Temporary construction operations.
C.
Maximum permitted sound levels in all zoning districts. At no point either on the boundary of a zoning district or site boundary line shall the sound level of a use exceed the decibel level shown in Table 8.2 for the zoning districts indicated.
D.
Increases to maximum permitted sound levels. The sound levels set forth in Table 8.2 may be exceeded by 10 dBA for a single period, not to exceed 15 dBA in any one day except in the PB, PI, I1, I2, and PDD (business and industrial uses only) Districts.
E.
Impact noises. For impact noises, the sound levels set forth in Table 8.2 may be increased by 10 dBA, in the PB, PI, I1, I2, and Industrial PUD Districts.
Table 8.2: Maximum Permitted Sound Levels in dBA by Zoning District | |||
|---|---|---|---|
Zoning District | 7:00 a.m. to 10:00 p.m. (dBA) | 10:00 p.m. to 7:00 a.m. (dBA) | |
All Residential and B2 Districts | 67 | 67 | |
B1 and PB Districts | 67 | 65 | |
PI and I1 District | 70 | 65 | |
I2 District | 75 | 65 | |
HPO and PIO Districts | As per underlying zoning district | ||
WPO, SWO, FPO, CO Districts | 55 | 55 | |
F.
Creation of excessive noise in areas adjacent to noise-sensitive areas prohibited. The creation of, or causing the creation of, any sound adjacent to any noise-sensitive area, containing a hospital, nursing home, school, court or other designated area, to exceed the specified land use noise standards set forth in this section and to interfere with the functions of such activity or unreasonably annoy the occupants in the activity, is prohibited, if conspicuous signs are displayed indicating the presence of the noise-sensitive area.
G.
Occasional outdoor activities exempted. The provisions of this section shall not apply to occasional outdoor gatherings, public dances, shows, and sporting and entertainment events (excluding regularly scheduled school athletic events), provided the events are conducted pursuant to any permits issued by the City of Lake Mills concerning the event.
H.
Interstate highway noise. The purpose of these regulations is to guide the development of noise-sensitive land uses (such as homes, schools and recreational areas) abutting to highway corridors and to ensure that any such development that does occur is planned to mitigate the adverse effects of noise. The standards contained are based on the requirements for development of the best possible urban environment outlined by the American Society of Civil Engineers, American Public Health Association, National Recreational Association, American Association of State Highway Officials, Institute of Transportation Engineers, Federal Emergency Management Administration, American Society of Planning Officials Reports, Wisconsin Administrative Code, Trans 405, and the Federal Highway Administration's Procedures for Abatement of Highway Traffic Noise and Construction Noise, Title 23, CFR, Chapter I, Subchapter H, Part 772. In general, residential subdivisions will be encouraged to provide generous distances between building sites and existing industries and between building sites and high capacity streets, highways, expressways, and freeways to act as buffers against noise and noxious fumes. Residential subdivisions will also be discouraged from locating too close to existing or proposed airport approach zones.
(1)
General provisions.
(a)
These provisions shall apply to unplatted lands abutting to any existing state or federal expressway or freeway for which a preliminary plat approval was not previously granted. These provisions shall not apply to structures existing at the time of adoption of this section.
(b)
Prior to approval of any preliminary plat, final plat or commencement or construction of any structure, every application for approval shall be submitted in writing to the Zoning Administrator by the owner of the land on which the structure is proposed to be constructed and shall contain the following information:
[1]
Identification of the land on which the construction is proposed;
[2]
The section under which approval is requested;
[3]
The information and data supporting the claim that the appropriate requirements shall be met including specific enumerations that the Federal Highway Administration's Procedures for Abatement of Highway Traffic Noise and Construction Noise, Title 23, CFR Chapter I, Subchapter H, Part 772 provisions, and Ch. Trans 405, Wis. Adm. Code, shall be met and any other information which the City may require.
[4]
Certification by an engineering or other qualified testing firm that hourly traffic sound levels, Leq(h) as hereinafter indicated, are within permissible levels or that appropriate sound attenuation measures are incorporated into the design and construction of any structures to satisfy the highway noise provisions within this section.
(c)
In addition to the requirements contained in Subsection H(1)(b)[3] above, the application shall also contain the following information as well as any other information bearing on the approval:
[1]
The existing maximum hourly traffic sound level, Leq(h), for a representative sample of locations, measured in accordance with guidelines presented in "Sound Procedures for Measuring Highway Noise: Final Report," August 1981, United States Department of Transportation, Federal Highway Administration, Arlington, VA, or modeled according to a methodology in the FHWA Highway Traffic Noise Prediction Model (Report No. FHWA-RD-77-108);
[2]
The projected future Leq(h) at the site resulting from future traffic increases; and
[3]
Where applicable, plans for sound attenuation measures on the site and/or of the structure proposed to be built and the amount of sound attenuation anticipated as a result of these measures.
(2)
Construction restrictions for habitable and institutional structures.
(a)
New residential or institutional structures approved for construction, where the exterior hourly traffic sound level Leq(h) within a proposed outdoor living area is projected to be equal to or in excess of 67 dBA upon completion of the structure, should evaluate opportunities to mitigate noise levels.
(b)
Prior to issuance of any building permit for any structure regulated pursuant to this subsection, the City may require submission of plans and specifications to WisDOT for review. The City or WisDOT may conduct such inspections and measurements as are necessary to ensure the proper implementation of traffic sound mitigation measures.
(3)
Remedies. Failure to comply with the requirements of this section shall invalidate purported transfers of titles at the option of the purchaser in accordance with provisions of § 236.31(3), Wis. Stats. Building permits may also be refused for construction on sites created in violation of these requirements.
§ 660-148 Glare.
A.
Measurement of glare. Glare illumination levels shall be measured with a photoelectric photometer having a spectral response similar to that of the human eye, using the standard spectral luminous efficiency curve adopted by the International Commission on Illumination. Illumination levels shall be measured in footcandles with a direct-reading, portable light meter. The meter shall have a color and cosine-corrected sensor with multiple scales and shall read within an accuracy of plus or minus 5%. It shall have been tested, calibrated, and certified by an independent commercial photometric laboratory or the manufacturer within one year of the date of use.
B.
Glare standards. All uses shall conform to the following minimum standards:
(1)
Maximum illumination increase. Any operation or activity producing glare shall be conducted so that direct or indirect illumination from the source of light shall not cause an illumination increase greater than 0.2 footcandle as measured at a location beyond the site boundary line as measured during the day or at night.
(2)
Flickering and intrinsically bright sources of illumination. Flickering and intrinsically bright sources of illumination, even if meeting the standard set forth in Subsection B(1) above, shall be controlled by luminaire shielding or aiming the light source away from roads and nearby sites. Exposed sources of light shall be shielded so as not to exceed the outdoor lighting standards set forth in § 660-142.
(3)
Reflective materials that cause glare prohibited. Reflective roofs, sidings, and building surfaces including reflective glass shall not be permitted except solar heating devices.
C.
Exceptions. Solar energy systems regulated by Wis. Stats. § 66.0235 shall be entitled to the protection of its provisions.
D.
Declaration of public nuisance. Any operation producing intense glare shall be done within a completely enclosed building and effectively screened as not to create a public nuisance or hazard along property boundaries.
§ 660-149 Heat.
The following standards shall apply to heat and humidity.
A.
Location. Any activity producing intense heat shall be conducted within an enclosed building as not to raise the temperature of the air beyond the site boundary line.
B.
Increases in humidity in the form of steam or moist air from cooling towers or equipment. Increases in humidity in the form of steam or moist air from cooling towers or equipment shall be controlled so that they do not create an ice hazard. Cooling towers shall be controlled by either reheating the plume or using a closed system.
C.
Standards. There shall be no transmission of heat or heated air so as to be discernible (by a healthy observer such as the Zoning Enforcement Officer or a designee) at the lot line.
D.
Declaration of public nuisance. Any operation producing intense heat or humidity shall be done within a completely enclosed building and effectively screened as not to create a public nuisance or hazard along property boundaries.
§ 660-150 Fires and explosions.
Fire and explosive hazards shall be controlled as set forth in this section. All activities involving the manufacturing, utilization, processing or storage of inflammable and explosive materials shall be provided with adequate safety devices against the hazards of fire and explosion and with adequate firefighting and fire-suppression equipment and devices that are standard in the industry. All such activities shall be in compliance with Wisconsin State Statutes, applicable Wisconsin Administrative Codes and Municipal Codes of the City of Lake Mills. When such activities are not specifically governed by law, the most current standards of NFPA (National Fire Code Standards) shall apply.
A.
Storage or manufacture of materials or products that decompose by detonation not permitted. Activities involving the storage or manufacture of materials or products that decompose by detonation are not permitted unless licensed by the City of Lake Mills. If such activities are permitted by City of Lake Mills license, such activities shall take place exclusively in the PI, I1, I2, or Industrial PUD Districts.
B.
Storage, use, or manufacture of materials ranging from free to active burning may be permitted with conditions. The storage, use, or manufacture of materials ranging from free to active burning, as determined by the Zoning Enforcement Officer, is permitted in the I2 District (storage only in the I1 District, and may be permitted by the Zoning Enforcement Officer in the PI District or an industrial PDD District) under the following conditions:
(1)
Location. All storage, use, or manufacture of such materials or products shall be within completely enclosed buildings or structures having noncombustible exterior walls.
(2)
Setbacks and fire protection. All materials shall be set back a minimum of 400 feet from any residential or commercial district or use, except that this standard shall not apply to the storage or usage of liquefied petroleum or natural gas for normal residential or business purposes. All activities and storage of flammable and explosive materials at any point shall be provided with adequate safety and firefighting devices in accordance with all fire prevention codes of the National Fire Protection Association, the State of Wisconsin, and this chapter.
(3)
Noncombustible to moderate burning materials. The storage, use, or manufacture of materials ranging from noncombustible to moderate burning, as determined by the Zoning Enforcement Officer, is permitted.
(4)
Materials or products that produce flammable or explosive vapors. Materials or products that produce flammable or explosive vapors or gases under ordinary weather temperatures shall not be permitted, except the following, which are permitted:
(a)
Materials required for emergency or standby equipment.
(b)
Materials used in secondary processes that are auxiliary to a principal operation, such as paint-spraying of finished products.
(c)
Flammable liquids and oils stored, sold, and used with the operation of an automobile service station and customarily required or used in such operation.
(5)
Manufacture, possession, storage, transportation, and use of hazardous materials. All manufacture, possession, storage, transportation, and use of hazardous materials that include explosives and blasting agents, flammable and combustible liquids, liquefied petroleum gas, and hazardous chemicals shall be required to comply with all applicable state and local fire codes or as set forth in the most current edition of the NFPA Fire Protection Handbook, as amended, whichever is stricter.
(6)
No storage allowed within one-hundred-year recurrence interval floodplain. Any permitted structural storage facilities for chemicals, explosives, buoyant materials, flammable liquids and gases, or other toxic materials that could be hazardous to public health or safety, shall be located at elevations a minimum of four feet above the one-hundred-year recurrence interval flood elevation.
§ 660-156 Air pollution, contaminants, and smoke.
A.
Smoke and particulate matter. The provisions of Subsection A(1) and (2) below shall not apply in the case of an equipment breakdown that makes compliance not reasonably possible, and shall not apply to residential interior fireplaces, to home barbecues and fire pits, campfires on legal campgrounds, and to burning incidental to agricultural operations for clearing land, but not for waste disposal.
(1)
Measurement of smoke emissions. Smoke emissions shall be measured by using the Ringelmann Chart, as adopted and published by the United States Department of the Interior, Bureau of Mines Information Circular 8333, May 1967, on which are illustrated graduated shades of gray for use in estimating the light-obscuring capacity of smoke. All uses shall conform with the following standard. The density of smoke shall be measured at the point of emission except, when the point of emission cannot be readily observed, it may be measured at an observable point on the plume nearest the point of emission.
(2)
Established requirements not to be exceeded. No person or activity shall emit any fly ash, dust, fumes, vapors, mists, or gases in such quantities to substantially contribute to exceeding the established requirements of the City of Lake Mills, Jefferson County, State of Wisconsin, or federal air pollution standards set forth by the United States Environmental Protection Agency. In case of conflict, the most restrictive requirements shall govern.
(3)
Maximum amount of particulate matter on a single site. Emission of particulate matter from all sources shall be included in the maximum amount permitted for a single site as prescribed by the requirements of the agencies and regulations cited in Subsection A(2) above.
(4)
Wind-borne particulate matter. Emission of particulate matter from materials or products subject to becoming wind-borne from such sources as storage areas, yards, roads, and so forth, within lot boundaries, shall be kept to a minimum by landscaping, paving, wetting, or other means not violating any other applicable laws or regulations to render the surface wind-resistant.
(5)
Maximum smoke units. No stack shall emit more than 10 smoke units during any one hour, nor shall smoke of a density greater than Ringelmann No. 2 be emitted, if during a single one-hour period in each twenty-four-hour day, each stack may emit up to 20 smoke units when blowing soot or cleaning fires, and during such cleaning of fires, smoke of a density of Ringelmann No. 3 may be emitted, but for not more than four minutes each period except a plume consisting entirely of condensed steam.
(6)
Declaration of public nuisance. In addition to the performance standards specified herein, the emission of smoke or particulate matter in such manner or quantity as to be detrimental to or endanger the public health, safety, comfort, or welfare is hereby declared to be a public nuisance.
B.
Toxic and noxious matter. All uses shall conform with the following standards:
(1)
Ambient air quality standards. The ambient air quality standards of the State of Wisconsin and the United States Environmental Protection Agency, or any other federal agency having jurisdiction shall limit the release of airborne toxic and noxious materials. In case of conflict, the most restrictive requirements shall govern.
(2)
Toxic materials not included in ambient air quality standards. When toxic materials are not included in the ambient air quality standards of the State of Wisconsin, the United States Environmental Protection Agency, or any other federal agency, the release of such materials shall not exceed 1/40 of the threshold limit value across site boundary lines of those toxic materials currently listed in the "Threshold Limit Values" adopted by the American Conference of Governmental Industrial Hygienists. Unless otherwise stated, the measurement of all toxic and noxious matter shall be at ground level or habitable elevation, and shall be the average of a twenty-four-hour sampling period. The City of Lake Mills may request that an applicant submit a statement from the Wisconsin Department of Natural Resources that the proposed levels of toxic matter to be released will not result in any hazard to human life or health or to wildlife.
(3)
Discharge across property boundaries prohibited. No use on any property shall discharge across the boundaries of said property toxic or noxious matter in such concentrations as to be detrimental to or endanger the public health, safety, comfort, or welfare, or cause injury or damage to other property or business.
§ 660-157 Water quality protection.
A.
General water quality standards. 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 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.
Minimum state requirements to be met. No activity shall withdraw or discharge any liquid or solid materials to exceed, or contribute toward the exceeding of, the minimum standards set forth in Subsection A, above, and those other standards and the application of those standards set forth in Chapter NR 102 of the Wisconsin Administrative Code, as amended.
§ 660-158 Odor.
This section is applicable to all zoning districts and uses.
A.
Generation of odor. Any use in any district may generate any odor that reaches the "odor threshold concentration" or does not exceed the lowest amount set forth in Table III, "Odor Thresholds," of Chapter 5, "Physiological Effects," of the Air Pollution Abatement Manual of the Manufacturing Chemists' Association, according to the latest edition of such tables for the compounds therein described. For compounds not described in Table III, odor thresholds may be established by methods shown in Chapter 5 of the manual. No odor shall be permitted at any lot line exceeding the amount determined by the application of such methods as measured at:
B.
Public nuisance or hazard prohibited. The emission of odorous matter from any property in such concentrations at any point along the boundaries of said property or in such concentrations as to create a public nuisance or hazard beyond such boundaries is prohibited.
§ 660-159 Radioactivity.
All uses shall conform to the following specified standards concerning radioactivity:
A.
Maximum concentrations of radioactivity permitted. The maximum permissible concentrations of radioactivity that can be released shall be subject to the regulations of the State of Wisconsin, the United States Atomic Energy Commission, and any other federal agency having jurisdiction. In the case of conflict, the most restrictive requirements shall govern.
B.
Storage of radioactive materials. Radioactive materials shall be stored in fireproof containers made of steel and concrete, but shall not be stored in containers made of lead or other low-melting metals or alloys unless completely encased in steel.
C.
Medical sources of radiation residues. Medical sources of radiation residues, such as X-ray machines, gamma and neutron sources, and pharmaceutical isotopes used for diagnostic and therapeutic purposes, shall be permitted when located within a hospital, clinic, medical or dental office, or medical research facility. Other uses of radioactive materials shall be limited to measuring in X-ray and similar apparatus, and concerning the processing and preservation of food.
§ 660-160 Electrical disturbance, interference, and electromagnetic fields.
A.
No use, activity, or process is allowed which produces electric and/or magnetic fields or radiation with adverse effects. In all zoning districts, no use, activity, or process shall be conducted which produces electric and/or magnetic fields or radiation that adversely affects public health, safety, and welfare, including but not limited to interference with normal radio, telephone, or television reception from off the premises where the activity or process is conducted or the use is located. Applicable rules of the FCC, other federal agencies, and the State of Wisconsin shall apply.
B.
Minimum standards for electromagnetic radiation. Where electrical systems are planned to be established which are either equal to or exceed a level of electromagnetic radiation of 60 hertz (Hz), the following standards shall be applicable:
(1)
Environmental and health assessment reports required. Environmental and health assessment reports of such proposed systems shall be prepared at the expense of the developer of such systems. An electromagnetic field mitigation plan shall be a component of all such reports.
(2)
Location of residential land uses and places of assembly. No residential land uses or places of assembly shall be allowed to be sited in areas exposed to four or more milligauss of 60 hertz (Hz) electromagnetic fields.
§ 660-161 Chemical, asbestos, and other hazardous material storage.
The following standards shall apply to chemical, asbestos, or other hazardous materials or wastes use and/or storage:
A.
Location. Any activity involving chemical, asbestos, or other hazardous materials or wastes use or storage shall be conducted within an enclosed building.
B.
Transfer off parcel by natural causes or forces prohibited. No chemical, asbestos, or other hazardous materials or wastes shall be deposited upon a parcel in any zoning district in such form or manner that they may be transferred off the parcel by natural causes or forces.
C.
Outdoor storage prohibited. In all zoning districts no chemical, asbestos, or other hazardous materials or wastes that might cause fumes, dust, or which are a fire hazard or which may be edible by or otherwise attractive to rodents or insects shall be stored outdoors.
D.
Public nuisance prohibited. In no zoning district shall the storage of chemical, asbestos, or other hazardous materials or wastes be allowed to create a public nuisance or hazard beyond the property boundaries.
E.
Compliance with all fire and building codes for hazardous materials use and storage. In all zoning districts uses involving the storage of chemicals, asbestos, or other hazardous materials or wastes shall be designed to comply with all fire and building codes for the hazardous materials use and storage, and adequate precautions using the best available technology shall be taken to protect against negative off-site impacts of a hazardous materials release.
F.
Hazardous materials impact analysis required. In all zoning districts where chemical, asbestos, or other hazardous materials or wastes are used or stored, a hazardous materials impact analysis shall be required to determine potential off-site impacts and required mitigation precautions. Said hazardous materials impact analysis shall be submitted to the Plan Commission for its review and consideration.
§ 660-166 Small wind energy conversion systems.
Small wind energy conversion systems (SWECS) shall be subject to the following regulations to preserve and protect public health and safety without significantly increasing the cost or decreasing the efficiency of a small wind energy system. No person shall construct or operate a SWECS without having fully complied with the provisions of this section.
B.
Application requirements. An application for a permit to build a small wind energy system shall include the following:
(1)
Property lines and physical dimensions of the property of the proposed construction site.
(2)
Proposed location of the SWECS.
(3)
Location and description of all structures located on the property where the SWECS site is proposed.
(4)
Location of all aboveground utility lines within a radius equal to two times the height of the proposed SWECS.
(5)
Location of all underground utility lines on the property where a SWECS site is proposed.
(6)
Dimensional representation of the structural components of the tower construction including the base and footings.
(7)
Schematic of electrical systems associated with the SWECS, including all existing and proposed electrical connections.
(8)
Manufacturer's specifications and installation and operation instructions or specific SWECS design information, including model and rotor diameter.
(9)
Certification by a registered professional engineer that the tower design is sufficient to withstand wind load requirements for structure as defined by the Wisconsin Building Code.
C.
General performance standards. A SWECS shall be permitted as a conditional use in all zoning districts subject to the following requirements:
(1)
Number. Only one SWECS shall be permitted per property regardless of the number of dwelling units or tenants.
(2)
Location.
(a)
A SWECS shall be prohibited from being located in front of the building setback line or in front of the principal building on a property.
(b)
SWECS setback shall comply with the yard areas established for principal structures for each zoning district.
(c)
The SWECS shall be located such that its fall zone plus five feet will be located entirely on the permitted property in the event of collapse or other structural failure.
(3)
Tower construction. All towers for a SWECS shall be a single monopole type constructed without guy wires or ground anchors. Guyed towers and lattice towers are expressly prohibited. All towers shall be structurally designed to withstand 100 mph winds and handle loads imparted.
(4)
Height, blade length, turbine capacity. The total height of a SWECS shall be measured as the vertical distance from ground level to the tip of a wind generator blade when the tip is at its highest point. The SWECS shall comply with the following table:
Table 8.3: Maximum Height, Blade Length, and Turbine Capacity | ||||
|---|---|---|---|---|
Use | Maximum Height (feet) | Maximum Blade Length (feet) | Maximum Nameplate Capacity | |
Single-family residential | 35 | 4 | 1,000 w | |
Two-family residential | 35 | 4 | 1,500 w | |
Multiple-family residential | 40 | 6 | 3,000 w | |
Commercial | 50 | 8 | 5 kW | |
Institutional | 75 | 10 | 10 kW | |
Manufacturing | 75 | 10 | 10 kW | |
(5)
Blades and clearance. Protected blades shall be used if a SWECS is installed on a rooftop or if located within 12 feet of a structure. A minimum vertical blade clearance of 15 feet shall be required from grade or rooftops.
(6)
Access. All ground-mounted electrical and control equipment shall be labeled or secured to prevent unauthorized access. The tower shall be designed and installed so as to not provide step bolts or a ladder readily accessible to the public for a minimum height of eight feet above the ground.
(7)
Electrical wires. SWECS including tower shall comply with all applicable state construction and electrical codes. All electrical wires associated with a SWECS, other than wires necessary to connect the wind generator to the tower wiring, the tower wiring to the disconnect junction box, and the grounding wires shall be located underground. All wires and connections shall be wholly located on the subjects property, and in no case shall connections to multiple detached structures be permitted.
(8)
Lighting. A wind tower and generator shall not be artificially illuminated unless such lighting is required by the Federal Aviation Administration.
(9)
Appearance, color, and finish. The wind generator and tower shall remain painted or finished the color or finish that was originally applied by the manufacturer, unless approved in the building permit. Generally acceptable colors shall be muted or understated colors that are unobtrusive to surrounding properties, such as galvanized metal or earth tones.
(10)
Signs. All signs, other than the manufacturer's or installer's identification, appropriate warning signs, or owner identification on a wind generator, tower, building, or other structure associated with a small wind energy system visible from any public road shall be prohibited.
(11)
Noise and shadow flicker.
(a)
Audible sound from a SWECS shall not exceed 25 dBA in residential districts or 50 dBA in all other districts, as measured at the exterior of any occupied building on an adjacent or neighboring property. Methods for measuring and reporting acoustic emissions from wind turbines and the wind energy facility shall be equal to or exceed the minimum standards for precision described in American Wind Energy Association Standard 2.1 - 1989, titled "Procedures for the Measurement and Reporting of Acoustic Emissions from Wind Turbine Generation Systems Volume I: First Tier."
(b)
Low-frequency harmonics. The SWECS shall be designed to avoid emitting low-frequency harmonics that can be disruptive to neighboring properties.
(c)
The property owner and operator shall make reasonable efforts to minimize shadow flicker to any occupied building on an adjacent or neighboring property.
(12)
Utility notification and interconnection. SWECS that connect to the electric utility shall comply with the Wisconsin Distributed Generation Interconnection Standard.
(13)
Compliance with FAA regulations. SWECS must comply with applicable FAA regulations, including any necessary approvals for installations close to airports/airstrips. If lighting is required by the FAA, a dual-mode fixture/lamp shall be installed.
(14)
Required safety features.
(a)
All SWECS shall be designed with an automatic overspeed control to render the system inoperable when winds are blowing in excess of the speeds for which the machine is designed.
(b)
All SWECS shall have a manually operable method to render the system inoperable in the event of a structural or mechanical failure of any part of the system including the automatic overspeed control.
(c)
All SWECS shall be designed with an automatic control to render the system inoperable in case of loss of utility power to prevent the SWECS from supplying power to a de-energized electrical distribution system.
(15)
Any SWECS thereof declared to be unsafe by the Zoning Enforcement Officer by reason of inadequate maintenance, dilapidation, obsolescence, fire hazard, disaster, damage or abandonment is hereby declared to be a public nuisance and shall be abated by repair, rehabilitation, demolition, or removal in accordance with the procedures set forth in the Municipal Code.
§ 660-167 Solar energy systems (SES).
A.
Purpose. The purpose of this section is to support the use of solar energy systems and to ensure that such systems are constructed and installed in a manner that protects public and property owner safety.
B.
Permits.
(1)
Zoning permit. A zoning permit shall not be required for the installation or construction of a SES.
(2)
Building permit. A building permit issued by the Zoning Enforcement Officer shall be obtained prior to construction of a SES to ensure compliance with the International Building Code or with Chapters 20 to 25 of the Unified Dwelling Code.
(3)
Plumbing permit. A plumbing permit issued by the Zoning Enforcement Officer shall be obtained prior to construction of a SES to ensure compliance with Chs. 381 to 387of the Wisconsin Administrative Code.
(4)
Electrical permit. An electrical permit issued by the Zoning Enforcement Officer shall be obtained prior to construction of a SES to ensure compliance with Ch. SPS 316 of the Wisconsin Administrative Code and the National Electrical Code.
C.
Application requirements. A petition to construct or install a solar energy system shall include the following:
(1)
Location of all underground utility lines on the property where a SES site is proposed.
(2)
Dimensional representation of the structural components of the supports or tower construction, including the base and footings.
(3)
Schematic of electrical systems associated with the SES including all existing and proposed electrical connections.
(4)
Manufacturer's specifications and installation and operation instructions or specific photovoltaic design information, including model and installation instructions.
(5)
Certification by a registered professional engineer or structural engineer that the SES design is sufficient to withstand wind load requirements for structure as defined in all applicable Wisconsin building codes.
D.
General performance standards. All SESs shall be subject to the following requirements to ensure public safety:
(1)
Support or tower construction. Guyed or lattice towers or supports are expressly prohibited. All towers and supports shall be structurally designed to withstand 100 mph winds and handle loads imparted.
(2)
Access. All ground-mounted electrical and control equipment shall be labeled or secured to prevent unauthorized access.
(3)
Electrical wires. All electrical wires associated with a SES, other than wires necessary to connect the photovoltaic to the support or tower wiring, the support or tower wiring to a disconnect junction box, and the grounding wires shall be located underground. All wires and connections shall be wholly located on the subjects property.
(4)
Utility notification and interconnection. SESs that connect to the electric utility shall comply with the Wisconsin Distributed Generation Interconnection Standard.
(5)
Required safety features.
(a)
All SESs shall have a manually operable method to render the system inoperable in the event of a structural or mechanical failure of any part of the system.
(b)
All SESs shall be designed with an automatic control to render the system inoperable in case of loss of utility power to prevent the SES from supplying power to a de-energized electrical distribution system.
(c)
Any SES thereof declared to be unsafe by the Zoning Enforcement Officer by reason of inadequate maintenance, dilapidation, obsolescence, fire hazard, disaster, damage or abandonment is hereby declared to be a public nuisance and shall be abated by repair, rehabilitation, demolition, or removal in accordance with the procedures set forth in the Municipal Code.
§ 660-168 Geothermal.
A.
Purpose. The City of Lake Mills recognizes the environmental benefits associated with the use of geothermal/ground source heat pump (GSHP) systems for heating and cooling. GSHP systems offer the benefit of reduced generation of air pollution (including greenhouse gases) in comparison with conventional heating and cooling systems. The potential environmental and human health risks associated with an accidental release of the GSHP fluids that are permitted under this section are relatively low. The main goal of these guidelines is to have GSHP wells and systems sited in a manner that will not adversely affect abutting properties and that are installed in a manner that will not provide potential contaminant pathways that would allow surface runoff to enter groundwater aquifers or the transfer of natural or man-made contamination between two different aquifers or between aquifers and surface water bodies. An additional goal of these guidelines is to minimize the potential for subsurface system leaks.
B.
Types of systems and typical arrangement.
(1)
Closed-loop system: horizontal. Horizontal ground source heat pump installation is generally most cost-effective for residential installations, particularly for new construction where sufficient land is available. It requires trenches at least four feet deep. The most common layouts either use two pipes, one buried at six feet, and the other at four feet, or two pipes placed side-by-side at five feet in the ground in a two-foot wide trench. The method of looping pipe allows more pipe in a shorter trench, which cuts down on installation costs and makes horizontal installation possible in areas it would not be with conventional horizontal applications.
(2)
Closed loop system: vertical. Vertical systems are often used for large commercial buildings and schools because the land area required for horizontal loops would be prohibitive. Vertical loops are also used where the soil is too shallow for trenching, and they minimize the disturbance to existing landscaping. For a vertical system, holes (approximately four inches in diameter) are drilled about 20 feet apart and 100 feet to 400 feet deep. Into these holes go two pipes that are connected at the bottom with a U-bend to form a loop. The vertical loops are connected with horizontal pipe (i.e., manifold), placed in trenches, and connected to the heat pump in the building.
(3)
Closed loop system: pond/lake. The coils are placed in an open water source (pond or lake) that meets minimum volume, depth, and quality criteria. A supply line pipe is run underground from the building to the water source and coiled into circles at least eight feet under the surface to prevent freezing.
(4)
Open-loop system. This system uses a well or surface water body, such as a pond or lake, as the heat exchange fluid that circulates directly through the ground source heat pump system. Once the water has circulated through the system, it returns to the ground through the well, a recharge well, or surface discharge. This option is only practical where there is an adequate supply of relatively clean water, and all regulations regarding groundwater discharge are met.
C.
Prohibitions. GSHP wells or systems shall not be located, constructed, or operated in a manner that will cause further degradation of aquifers, wetlands, or surface water bodies.
D.
Underground injection control requirements. The federal Underground Injection Control (UIC) Program regulates every injection of fluid into the subsurface.
E.
Construction.
(1)
Plan submittal. The owner/operator/installer of the GSHP system shall submit to the City a BSO plan and comply with the regulations outlined in § 660-205. All construction plans must be designed and stamped by a professional engineer licensed in the State of Wisconsin or an individual that is certified by the International Ground Source Heat Pump Association (IGSHPA).
(2)
(3)
Prior to construction. Prior to the construction of a GSHP system, the owner/operator/installer must submit to the WDNR UIC Program a notification of intent to construct. This notification requirement includes GSHP systems that do not include the use of wells.
(4)
Contractors.
(a)
Well drilling. Only Wisconsin Registered Well Drillers shall be permitted to construct, alter, or decommission wells for geothermal heating and cooling systems.
(b)
Plumbing. All plumbing installation/modification shall be performed by a licensed Wisconsin plumber.
(c)
GSHP equipment. The installation or modification of all GSHP equipment shall be performed by an individual certified by the IGSHPA.
(5)
Materials.
(a)
The use of refrigerants, antifreeze chemicals, and lubricating oils is prohibited in water that is returned to the subsurface via open-loop GSHP systems.
(b)
The use of plasticizers in grout used in well construction is prohibited for open-loop GSHP wells.
(c)
The following are the only currently WDNR-approved refrigerants, plasticizers, antifreeze, lubricating oils, and corrosion inhibitors that are allowed for closed-loop GSHP wells:
[1]
Propylene glycol and ethanol are acceptable antifreeze additives for closed-loop systems. All other antifreeze chemicals must be approved by WDNR prior to use.
[2]
Food-grade lubricating oils are acceptable for closed-loop and direct exchange wells. Direct exchange wells may also use polyester as a lubricant. All other lubricating chemicals or oils must be approved by WDNR prior to use.
[3]
R-22 refrigerant and its EPA-recommended substitutes R-407C and R-410A are acceptable for use in direct exchange systems. All other refrigerants must be approved by WDNR prior to use.
[4]
Sodium naphthalene sulfonate conforming to ASTM C 494 Type F is an acceptable plasticizer for use in grouts that contain cement. Plasticizers shall not be used for the construction of GSHP wells that will also serve as sources of potable water.
[5]
Corrosion inhibitors must be approved by WDNR prior to use.
(6)
Location on property.
(a)
Wells.
[1]
Open-loop GSHP wells that also serve as potable water supply wells shall meet the setback requirements of WDNR's Private Well Guidelines (as amended) or WDNR's Guidelines and Policies for Public Water Systems (as amended), whichever is applicable.
[2]
Open-loop GSHP wells that do not also serve as a potable water supply source shall be sited at least 25 feet from existing and potential sources of contamination, including but not limited to septic tanks/fields, lagoons, livestock pens, and oil or hazardous materials storage tanks.
[3]
Closed-loop and direct exchange wells shall also be sited at least 25 feet from these potential sources of contamination.
[4]
Closed-loop and direct exchange wells shall be sited at least 50 feet from private potable water supply wells.
[5]
Closed-loop and direct exchange wells shall not be permitted within the Zone 1 of public water supply wells.
[6]
An open-loop GSHP well that does not also serve as a public water supply well shall not be permitted within the Zone 1 of a public water supply well.
[7]
Closed-loop and direct exchange wells shall be sited at least 10 feet from surface water bodies.
(b)
No GSHP appurtenances shall be permitted to be located with the required setbacks for the parcel on which it is sited.
§ 660-171 Permanently installed standby generators.
A.
Operation. A permanently installed standby generator installation shall be allowed for the purpose of providing temporary power during incidental power outages and emergency power outages only due to storms and other natural and/or man-made disasters.
B.
Noise level. The noise from permanently installed standby generators installed in all zoning districts, when operated during power outages, shall not exceed 70 dBA at the lot line under normal load.
C.
Testing. Permanently installed standby generators in all zoning districts may be operated for testing purposes one time for a period not to exceed 30 minutes in any seven-day period. Testing periods of standby generators in all residential districts shall be restricted to times between 9:00 a.m. and 7:00 p.m.
D.
Location. No permanently installed standby generator shall be installed in a required front yard and not within 15 feet of any side or rear lot line. All such units shall be installed at ground level only.
E.
Installation. Permanently installed standby generators shall be installed in accordance with the requirements of § 660-57 of this chapter.
§ 660-172 Power-generation facilities.
Power-generation facilities shall meet the following requirements:
A.
Direct access to arterial streets required. All power-generation facilities shall have direct access to an arterial street which is a federal-, state-, or county-designated highway.
B.
Minimum required setbacks. Front, rear, and side yards shall be a minimum of 50 feet from all lot and right-of-way lines.
C.
All applicable local, state, and federal environmental standards to be met. Proof of the ability to meet all applicable local, state, and federal environmental standards shall be provided.