Mount Horeb Village
City Zoning Code
City Zoning Code
ARTICLE XIII
Performance Standards
17.141 Intent.
It is the intent of this article to use performance standards for the regulation of uses to facilitate a more objective and equitable basis for control and to insure that the community is adequately protected from potential hazardous and nuisance-like effects. This chapter 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. No structure, land or water shall hereafter be used except in compliance with the district regulations and with the following environmental performance standards.
17.142 Loud and unnecessary noise prohibited.
[Amended at time of adoption of Code (see Ch. 1, General Government, Art. V)]
It shall be unlawful for any person to make, continue or cause to be made or continued any loud and unnecessary noise. It shall be unlawful for any person knowingly or wantonly to use or operate, or to cause to be used or operated any mechanical device, machine, apparatus or instrument for intensification or amplification of the human voice or any sound or noise in any public or private place in such manner that the peace and good order of the neighborhood is disturbed or that persons owning, using or occupying property in the neighborhood are disturbed or annoyed.
(1)
Types of loud and unnecessary noises. The following acts are declared to be loud, disturbing and unnecessary noises in violation of this section, but this enumeration shall not be deemed to be exclusive:
(a)
Horns, signaling devices. The sounding of any horn or signaling device on any automobile, motorcycle or other vehicle on any street or public place in the Village for longer than three seconds in any period of one minute or less, except as a danger warning; the creation of any unreasonable loud or harsh sound by means of any signaling device and the sounding of any plainly audible device for an unnecessary and unreasonable period of time; the use of any signaling device except one operated by hand or electricity; the use of any horn, whistle or other device operated by engine exhaust and the use of any signaling device when traffic is for any reason held up.
(b)
Radios, phonographs, similar devices. The using, operating or permitting to be played, used or operated any radio receiving set; musical instrument, phonograph or other machine or device for the producing or reproducing of sound in a loud and unnecessary manner. The operation of any set, instrument, phonograph, machine or device between the hours of 11:00 p.m. and 7:00 a.m. in a manner as to be plainly audible at the properly line of the building, structure or vehicle in which it is located shall be prima facie evidence of a violation of this section.
(c)
Loudspeakers, amplifiers for advertising. The using, operating or permitting to be played, used or operated of any radio receiving set, musical instrument, phonograph, loudspeaker, sound amplifier or other machine or device for the producing or reproducing of sound which is cast upon the public streets for the purpose of commercial advertising or attracting attention of the public to any building or structure. Announcements over loudspeakers can only be made by the announcer in person and without the aid of any mechanical device.
(d)
Animals, birds. The keeping of any animal or bird which causes frequent or long continued unnecessary noise.
(e)
Exhausts. The discharge into the open air of the exhaust of any steam engine, stationary internal combustion engine or motorboat except through a muffler or other device which will effectively prevent loud or explosive noises therefrom.
(f)
Construction or repair of buildings. The erection (including excavation), demolition, construction, alteration or repair of any building, as well as the operation of any construction equipment or any other similar equipment attended by loud or unusual noise, other than between the hours of 7:00 a.m. and 8:00 p.m. on weekdays and 8:00 a.m. and 8:00 p.m. on weekends. The Village Administrator may modify or waive the hour restrictions identified in the preceding sentence for a particular project for a specified duration if modifying or waiving the hour restrictions is in the public interest. At a minimum, a requested waiver shall include the project description, the location of the project, the time line for the requested exemption, and a plan to monitor compliance with stationary noise limits. The Village Administrator may grant the request, deny the request or grant the request with conditions. The Village Administrator may review, amend, or rescind an approved waiver at its discretion. Any party aggrieved by the Village Administrator's decision may appeal the decision to the Village Board by submitting written notice to the City Clerk within 30 days of the decision.
(g)
Schools, courts, churches, hospitals. The creation of any excessive noise on any street adjacent to any school, institution of learning, church or court while in use, or adjacent to any medical facility, which unreasonably interferes with the normal operation of that institution, or which disturbs or unduly annoys patients, provided that conspicuous signs are displayed in those streets indicating a school or medical facility. No person, while on public or private grounds adjacent to any building, or while within any building in which a school or any class thereof is in session, shall willfully make or assist in the making of any noise or diversion which disturbs or tends to disturb the peace or good order and operation of such school session or class thereof.
(2)
Exceptions. The provisions of this section shall not apply to a) any vehicle of the Village while engaged in necessary public business; b) excavations or repairs of streets or other public construction by or on behalf of the Village, county, or state when public welfare and convenience render it impossible or unsafe to perform such work during the hours identified in Subsection (1)(f)above. For this exception to apply, the party performing the work must receive permission from the Village Administrator to perform the work outside of the hours identified in Subsection (1)(f) above; c) the reasonable use of amplifiers or loudspeakers in the course of public addresses which are noncommercial in nature.
(3)
Permits for amplifying devices.
(a)
Permit required. The use of loudspeakers or amplifying devices on the streets or in the parks of the Village of Mount Horeb is prohibited unless the party desiring to use such loudspeaker or amplifying device first obtains a permit from the Village Clerk.
(b)
Grounds or reasons for denial or allowance. The Chief of Police shall have the authority to revoke such permit when he believes such loudspeaker or amplifying device is becoming a nuisance because of the volume, the method in which it is being used or the location in which it is being operated.
(c)
Time restrictions. The Chief of Police shall not grant a permit to use a loudspeaker or amplifying device before the hours of 9:00 a.m. or after 10:00 p.m. No permit shall be granted to anyone who, in the opinion of the Chief of Police, uses said loudspeaker or amplifying device in such a manner or for such a purpose as to constitute a nuisance.
(4)
Stationary noise limits.
(a)
No operation or activity shall transmit any noise exceeding 75 dBA from 7:00 a.m. to 11:00 p.m. and 70 dBA from 11:00 p.m. to 7:00 a.m.
(b)
The following are exempt from the regulations 1) noises not directly under the control of the property owner; 2) noises from temporary construction or maintenance activities during daylight hours; 3) noises from emergency, safety, or warning devices.
(c)
Sound levels under this subsection shall be measured with a Type 1 sound level meter manufactured according to standards prescribed by the American National Standards Institute in specification S1.4 (revised 1971). Measurements shall be made using an A-weighted network of the sound level meter. Under this subsection, noises capable of being accurately measured with such equipment shall be deemed to be those noises which cause fluctuations of the needle of the sound level meter with a variation of no more than plus or minus two decibels.
17.143 Vibration.
(1)
No operation or activity shall transmit any physical vibration that is above the vibration perception threshold of an individual at or beyond the property line of the source. Vibration perception threshold means the minimum ground- or structure-borne vibrational motion necessary to cause a normal person to be aware of the vibration by such direct means as, but not limited to, sensation by touch or visual observation of moving objects.
(2)
Vibrations not directly under the control of the property user and vibrations from temporary construction or maintenance activities shall be exempt from the above standard.
17.144 Glare, heat and exterior lighting.
[Amended 3-2-2005 by Ord. No. 2005-05]
(1)
Purpose. The purpose of this section is to regulate glare, heat and the spillover of light and glare on land uses, properties, pedestrians and motor vehicles in the vicinity of a source in order to prevent the creation of nuisances.
(2)
Applicability. The requirements of this section apply to all private sources of glare, heat and exterior lighting within the jurisdiction of this chapter, except for sources within public rights-of-way.
(3)
Depiction on required site plan. Any and all exterior sources of glare, heat or lighting shall be depicted as to its location, orientation and configuration on the site plan required for the development of the subject property.
(4)
Requirements for 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 their district. All operations producing intense glare or heat shall be conducted within a completely enclosed building.
(5)
Requirements for exterior lighting.
(a)
Location of exterior lighting. Light fixtures for multifamily and nonresidential uses shall only be permitted in locations depicted on approved site plans.
(b)
Orientation of exterior lighting fixture. In no instance shall an exterior lighting fixture be oriented so that the lighting element (or a transparent shield) is visible from any neighboring property in any zoning district. The use of shielded luminaries, flat lenses and careful fixture placement is encouraged so as to facilitate compliance with this requirement. Decorative lighting fixtures using bulbs of less than 100 watts shall be not subject to the requirements of this subsection.
(c)
Maximum intensity and timing of exterior lighting.
1.
In no instance shall the amount of illumination attributable to exterior lighting, as measured at the property line, exceed 0.50 footcandle above ambient lighting conditions on a cloudless night. In no instance shall the ratio of average illumination intensity to minimum illumination intensity exceed 4:1 for any development. Except for security lighting, exterior illumination shall be consistent with and limited to the hours open to customer service, plus 1/2 hour before and after customer service periods.
2.
The maximum average on-site lighting in nonresidential zoning districts shall be 2.4 footcandles. The maximum fixture power shall be 250 watts.
3.
The maximum average on-site lighting in residential zoning districts shall be 0.90 footcandles. The maximum fixture power shall be 100 watts.
4.
The following exceptions shall be permitted:
a.
Outdoor display lots and in-vehicle use under-canopy areas: Maximum average on-site lighting of 3.60 footcandles, with a maximum fixture power of 200 watts. Fixtures with full cutoffs and flat lenses are required. Fully recessed fixtures with flat horizontal lenses meet this requirement.
b.
Outdoor public recreation facilities are exempt from the provisions of this subsection.
(d)
Minimum intensity of exterior lighting in vehicle circulation areas. 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 at a minimum intensity of 0.2 footcandle.
(e)
Flashing, flickering and other distracting lighting. Flashing, flickering and/or other lighting which may distract motorists are prohibited.
(f)
Nonconforming lighting. All lighting fixtures existing prior to the effective date of this chapter shall be considered as legal conforming light fixtures. However, any additional or replacement fixtures shall meet the requirements of this section. Full compliance with this section may also be included as a condition of approval for any revised site plan, conditional use or planned development request.
(g)
Special events lighting. Any temporary use using exterior lighting which is not in complete compliance with the requirements of this section shall secure a conditional use permit.
17.145 Odor.
No operation or activity shall emit any substance or combination of substances in such quantities that create an objectionable odor as defined in § NR 429.03, Wis. Adm. Code.
17.146 Fire and explosive hazards.
All activities involving the manufacturing, utilization, processing, or storage of inflammable and explosive material 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.
17.147 Air pollution.
(1)
No operation or activity shall emit into the ambient air from any direct or portable source any matter that will affect visibility in excess of the limitations established in Ch. NR 431, Wis. Adm. Code.
(2)
No activity or operation shall be established or maintained which by reason of its nature causes emission of 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 property. In no case shall any activity emit any liquid or solid particles in concentrations exceeding 0.3 grains per cubic foot of the conveying gas, nor any color visible smoke equal to or darker than No. 2 on the Ringelmann Chart described in the United States Bureau of Mines' Information Circular 7718 in any industrial district.
17.148 Hazardous pollutants.
(1)
Pollutants. No operation or activity shall emit any hazardous substances in such a quantity, concentration or duration as to be injurious to human health or property, and all emissions of hazardous substances shall not exceed the limitations established in Ch. NR 445, Wis. Adm. Code.
(2)
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.
17.149 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.
17.150 Refuse.
All waste material, debris, refuse or garbage not disposed of through the public sanitary sewerage system shall be kept in an enclosed building or properly contained in a closed container designed for such purposes. The owner of vacant land shall be responsible for keeping such land free of refuse.
17.150.1 Electronic smoking retailers.
[Added 5-7-2025 by Ord. No. 2025-06]
(1)
Definitions. The following definitions shall apply to this section:
DAY-CARE CENTER
Any day-care facility registered and licensed with the Wisconsin Department of Children and Families operating within the Village of Mount Horeb.
ELECTRONIC SMOKING DEVICE
An electronic device that can be used to deliver an inhaled dose of nicotine or any other substance intended for human consumption that may be used by a person to simulate smoking through inhalation of vapor or aerosol from the product. It includes any such device whether manufactured, distributed, marketed, or sold as an electronic cigarette, commonly known as e-cigarettes; an electronic cigar; an electronic cigarillo; an electronic pipe; an electronic hookah; vape pen; or any other product name or descriptor.
ELECTRONIC SMOKING DEVICE PARAPHERNALIA
A cartridge, cartomizer, e-liquid, smoke juice, tip, atomizer, electronic smoking device battery, electronic smoking device charger, and any other item specifically designed for the preparation, charging, or use of electronic smoking devices. It does not include any cigarette, as defined in § 139.30(1m), Wis. Stats., nicotine product, as defined in § 134.66(1)(f), Wis. Stats., or tobacco products, as defined in § 139.75(12), Wis. Stats.
ELECTRONIC SMOKING RETAILER
An establishment selling electronic smoking devices or electronic smoking device paraphernalia that has 10% or more of the establishment's floor space dedicated to, or more than 10% of the establishment's stock-in-trade consisting of, electronic smoking devices or electronic smoking device paraphernalia.
LIBRARY
The Mount Horeb Public Library.
PARKS AND PLAYGROUNDS
Any Village-owned community or neighborhood park as defined with the Village's Comprehensive Outdoor Recreation Plan or Comprehensive Plan.
(2)
Prohibited uses. Electronic smoking retailers are prohibited uses in the following zoning districts:
(a)
R-1 Single-Family Residential District.
(b)
R-2 Residential District.
(c)
R-3 Multifamily Residential District.
(d)
R-4 Elderly Housing Residential District.
(e)
NB Neighborhood Business.
(f)
CB Central Business District.
(g)
Main Street Business District.
(h)
I-2 General Industrial District.
(i)
A-1 Agricultural District.
(j)
Recreation Business District.
(k)
CO-1 Conservancy District.
(3)
Limited permitted uses. Electronic smoking retailers are permitted within the following zoning districts provided they comply with the geographical restrictions and conditions stated below in this section:
(a)
PB Planned Business District.
(b)
I-1 Restricted Industrial District.
(c)
PI Planned Industrial District.
(4)
Geographical restrictions. No electronic smoking retailer shall be located within any of the following:
(a)
750 feet of any elementary or secondary school, library, day-care center, park or playground.
(b)
750 feet of any premises holding an electronic smoking retailer license.
(5)
Conditions. No electronic smoking retailer shall be permitted unless all of the following conditions are satisfied:
(a)
All applicable licenses as required by Section 12.01 have been obtained.
(b)
To be allowed in a Planned Unit Development zoning district, the electronic smoking retailer would need to be a permitted use or conditional use in the underlying zoning district.
(c)
The entire parcel proposed for an electronic smoking retailer must be outside of the 750-foot prohibition radius.
