The purpose of this article is to protect the health, safety, and welfare of the public from nuisances and hazards and to regulate site and building design to maintain and enhance the attractiveness and values of property in the community.

(Ord. No. 13-005, § 1, 3-28-2013)

(1)

Purpose. The purpose of this section is to preserve the aesthetically pleasing character of Portage's residential districts; protect and enhance property values; and promote the easy identification of houses, by encouraging new dwelling construction of distinctive design and discouraging excessive similarity among adjacent dwellings.

(2)

Applicability. The regulations listed in this section are applicable to all two-family and multi-family residential structures requiring a building permit on or after the effective date of this chapter.

(3)

Exempt.

(a)

These regulations shall not apply to dwellings for which a sales contract has been signed or wherein a building permit has been approved prior to the effective date of this chapter, including dwellings that are being remodeled, reconstructed, or replaced after fire or natural catastrophe.

(b)

These regulations may be waived by the zoning administrator in cases where the applicant for a building permit could not be expected to anticipate the design of a neighboring dwelling for which a building permit has already been issued but is not yet built. In such instances, the builder may request an exception from this section.

(c)

These regulations may be waived for planned developments in which similarity of architectural form and style among dwellings is integral to the success of the planned development, in which case the high quality of building materials and site design overcome the presumed deficiencies of similarity. In such cases, the developer shall request an exception from this chapter as a condition of the proposed planned development.

(4)

Residential construction design variety. No building permit shall be issued for any new residential dwelling which is similar in appearance to any residential dwelling within 150 feet on the same street.

(5)

Similarity standards. A dwelling on a corner lot may be considered dissimilar to another if the two dwellings face different streets. On cul-de-sac turnarounds, no dwelling shall be similar in appearance to another dwelling on the turnaround.

(a)

For the purpose of this chapter, "similar in appearance" means a dwelling which is identical, or nearly identical, to another in any three of the following characteristics:

1.

Roof type.

2.

Roof height.

3.

Approximate dimensions (height and length) of the front wall closest to the front lot line.

4.

Shape of the front elevation silhouette.

5.

Relative locations and sizes of windows in the front elevation.

6.

Relative location and dimensions of garage door(s), if included on the front elevation.

7.

Exterior materials.

(Ord. No. 13-005, § 1, 3-28-2013)

(1)

Exterior Materials. Except for exposed foundations, all buildings and other structures, except single family homes, located within any district, except the A-1 or the M-2 districts, shall employ only high-quality, decorative exterior construction materials on the visible exterior of the following portions of all structures and buildings:

(a)

Any portion of the building or structure within 50 feet of an adjacent residentially zoned property.

(b)

Any portion of the building o structure located within 50 feet of a public right-of-way.

(c)

The entire side of the building containing the primary entrance for customers or visitors.

(d)

The following exterior construction materials shall not be considered "high quality, decorative:" non-decorative concrete block or cinder block, non-decorative concrete foundation walls or panels, non-decorative plywood or other composite material, asphaltic siding, or other non-decorative surfaces as determined by the Plan Commission. However, such materials may be allowed by the Plan Commission as decorative elements.

(Ord. No. 13-005, § 1, 3-28-2013)

(1)

In addition to provisions for driveways in Article IX of Chapter 10 of the Municipal Code of Ordinances, the following regulations shall apply:

(a)

Placement of driveways.

1.

No non-residential driveway shall be located closer than 100 feet from the intersection of any two street rights-of-way unless such street is the only available frontage on the subject property.

2.

On arterial streets and in areas experiencing or expected to experience congestion and/or safety problems, driveway access may be placed on another street frontage or shared driveway access to an adjacent lot may be permitted. In instances of shared access, a shared driveway agreement shall be prepared.

3.

Driveways shall not be located closer than 5 feet to an adjacent property, as measured along the right-of-way line.

4.

All driveways shall intersect the street right-of-way at a 90-degree angle whenever possible; otherwise, the intersection angle shall not be less than 75 degrees.

(b)

Paving.

1.

Driveways located in an agricultural district are exempt from paving requirements.

2.

Ribbon driveways are permitted for single family and two-family dwellings. Individual ribbons shall be surfaced per (c), below and shall measure between 1 ½ and 2 ½ feet in width. Ribbon driveways are subject to the dimensions in (4), above.

3.

All driveways, except exempted driveways, shall be surfaced with a hard, all-weather surface and shall be maintained so as to prevent the transport of gravel, dirt, or other eroded material from the property.

(c)

Traffic control.

1.

The traffic generated by any use shall be channelized and controlled in a manner which avoids congestion on public streets and other safety hazards.

2.

Traffic into and out of all off-street parking, loading, and traffic circulation areas serving six or more parking spaces shall be forward moving, with no backing into streets or pedestrian ways.

3.

On-site traffic control devices such as striped crosswalks, traffic cameras, speed platforms, yield signs, and stop signs shall be required as determined by the zoning administrator.

(Ord. No. 13-005, § 1, 3-28-2013)

(1)

Purpose. The purpose of this section is to establish minimum requirements for the provision of vehicular visibility for the safety and protection of the general public.

(2)

Vision triangle.

(a)

No obstructions, such as structures, parking, or vegetation shall be permitted in any district between the heights of 2½ feet and ten feet above the plane within a 15-foot vision triangle measured from the right-of-way corner.

(b)

In the case of an arterial streets intersecting with other arterial streets or railways, the corner cutoff distances establishing the triangular vision clearance space shall be increased to 50 feet, except in the B-2 downtown district.

(Ord. No. 13-005, § 1, 3-28-2013)

(1)

Purpose. The purpose of this section is to establish requirements for access, design, and installation and maintenance requirements for off-street parking areas.

(2)

Applicability. The off-street parking provisions shall apply to all buildings and structures erected after the effective date of this chapter.

(3)

Number of parking spaces.

(a)

The number of parking spaces required varies by land use. Refer to Article III, sections 90-45 through 90-54 for parking requirements for a specific land use.

(b)

Parking space requirements are hereby waived within the B-2 downtown district, except for developments exceeding 40,000 square feet (refer to section 90-64 related to group and large developments).

(c)

No site plan may be approved for a multi-family or nonresidential use which contains more than 120 percent of the development's minimum number of required parking spaces, except as granted through a conditional use permit.

(4)

Handicapped parking.

(a)

Handicapped parking shall be provided at a size, number, location, and with signage as specified by state and federal regulations.

(5)

Access.

(a)

Each off-street parking space shall open directly upon an aisle or driveway that is designed to provide a safe and efficient means of vehicular access to the parking space.

(b)

All off-street parking facilities shall be designed with an appropriate means of vehicular access to a street or alley in a manner which least interferes with traffic movements.

(c)

Driveways shall meet the requirements of Article IX, Chapter 10 of the Municipal Code of Ordinances.

(d)

Off-street parking spaces for residential uses may be stacked or in front of one-another for the same building unit. Parking spaces located behind an enclosed garage and located directly off a through aisle shall be a minimum of 30 feet deep.

(e)

Parking and traffic circulation areas shall not be used for snow storage.

(6)

Parking lot design.

(a)

Each parking space shall not be less than 162 square feet in area, 18 feet in length, and nine feet in width, exclusive of aisles and access drives.

(b)

No parking area of more than two spaces shall be designed as to require any vehicle to back into a public street.

(c)

Any parking area of more than five spaces shall be sufficiently screened in the form of a solid fence or shrubbery to protect adjacent residential uses.

(d)

Large expanses of unchanneled parking areas shall be avoided by interior landscaping and safety islands.

(e)

All traffic control measures shall meet the requirements of the Manual of Uniform Traffic Control Devices.

(f)

Landscaped medians shall be used to break large parking areas into distinct pods, with a maximum of 100 spaces in any one pod.

(g)

Parking spaces must be broken by a tree island at the rate of one island for each linear row of 12 parking spaces for single-row or peninsula configurations, or for each 24 parking spaces in double row configurations.

(h)

All tree islands and landscaped areas with trees shall have a minimum of 9 feet as measured from outside the curb or frame.

(i)

All landscaped areas without trees, but planted with shrubs, shall have a minimum width of 3 feet measured from inside the curb or frame.

(7)

Location.

(a)

All parking spaces required herein shall be located within 400 feet from the principal use unless approved by the plan commission.

(b)

No parking shall be permitted between the street right-of-way line and the paved surface setback line prevailing in the zoning district in which the proposed parking area is to be located.

(c)

Parking on a residential lot shall not be located between the principal structure and a street right-of-way except within residential driveways.

(d)

No private parking shall occur on street terraces or any other areas located within a public right-of-way.

(8)

Surfacing.

(a)

All off-street parking areas, except a single parking space accessory to a single family dwelling, shall be surfaced with a dustless all-weather material capable of carrying a wheel load of 4,000 pounds (normally, a two-inch blacktop on a four-inch base or five inches of Portland cement will meet this requirement).

(b)

Compacted stone or gravel maintained in a dust free condition may be used only in the M-1 and M-2 districts, and only with the approval of the plan commission.

(c)

Any parking area for more than five vehicles shall have the aisles and spaces clearly marked.

(9)

Curbs.

(a)

Curbs and barriers shall be located a minimum of five feet from a property line so as to prevent the parked vehicles from extending over any lot lines.

(10)

Reduction in parking.

(a)

The required number of existing or proposed off-street parking spaces may be reduced in number at the discretion of the Plan Commission.

(11)

Bicycle parking.

(a)

Bicycle parking (bike racks) shall be located in a convenient and visible area and shall permit the locking of the bicycle frame and one wheel to the rack and shall support a bicycle in a stable position.

(b)

Bicycle parking shall be located on paved or pervious, dust-free surface with a slope no greater than three percent.

(c)

Bicycle parking shall be a minimum of 2½ by six feet in size, unless a rack is not the modular standard, in which case, space shall be two feet by six feet. There shall be an access aisle a minimum of five feet in width.

(d)

Each required bicycle parking space must be accessible without moving another bicycle and its placement shall not result in a bicycle obstructing a required walkway.

(e)

Bicycle racks shall be installed to the manufacturer's specifications, including the minimum recommended distance from other structures.

(f)

Bicycle parking not meeting dimensional or access aisle requirements may be installed but shall not count towards a minimum bicycle parking requirement.

(g)

All racks shall accommodate cable locks and "U" locks including removing the front wheel and locking it to the rear fork and frame.

(h)

Bicycle parking is not required in the B-2 downtown district.

(12)

Shared parking facilities.

(a)

Parking may be shared by one or more uses if approved via the site plan approval process (see section 90-474). The applicant shall demonstrate that there is no substantial conflict in the demand for parking during the principal operating hours of the two of more uses for which the joint parking facility is proposed to serve.

(b)

Parking facilities which have been approved to provide parking for one or more uses shall provide a total number of parking spaces which shall not be less than the sum total of the separate parking needs for each use during any peak hour parking period when said joint parking facility is utilized at the same time by said uses. This aggregate requirement may be reduced or expanded by the Plan Commission by explicit motion associated with the site plan review process.

(c)

Each parking space designed to serve as joint parking shall not be located farther than 300 feet, except as permitted by a conditional use permit, from the principal structures it is designated to serve.

(d)

A shared parking agreement, or other legally binding instrument, shall be executed by any and all parties to be served by a joint parking facility. This instrument shall be recorded with the county register of deeds and filed with the city clerk.

(Ord. No. 13-005, § 1, 3-28-2013)

(1)

Purpose. The purpose of this section is to prevent congestion of public rights-of-way and private lots so as to promote the safety and general welfare of the public by establishing minimum requirements for the provision of loading facilities on various sites.

(2)

Loading Space Requirements. On every lot on which a business, commercial, or industrial use is hereafter established, loading space with access to a public street or alley shall be provided as indicated below for the loading and unloading of vehicles off the public right-of-way.

(3)

Multiple or mixed uses. Where a building is devoted to more than one use or for different uses and where the floor area for each use is below the minimum required for a loading space but the average floor area of such uses is above such a minimum, then off-street loading space shall be provided as if the entire building were devoted to that use in the building for which the most loading spaces are required.

(4)

Location.

(a)

All loading areas shall be located on the same lot with the principal use requiring such space and shall not be located within or interfere with any public right-of-way.

(b)

All loading berths shall be located 30 feet or more from the intersection of two street right-of-way lines.

(c)

Loading berths shall not be located within any required front yard or street yard setback area.

(5)

Surfacing.

(a)

All loading berths shall be improved with a compacted gravel base, not less than seven inches thick, surfaced with not less than two inches of asphalt or treated with some comparable all-weather, dustless material.

(b)

Said surface shall be marked in a manner which clearly indicates required loading areas.

(6)

Size. An individual loading space shall be at least 15 feet wide by 70 feet long and have a minimum vertical clearance of 16 feet.

(7)

Access.

(a)

Each loading berth shall be located so as to facilitate access to a public street or alley, and shall not interfere with other vehicular or pedestrian traffic or the function of parking areas.

(b)

In no instance shall loading areas rely on backing movements into public rights-of-way.

(8)

Utilization. The use of all required loading areas shall be limited to the loading and unloading of vehicles. Said area shall not be used to provide minimum required parking spaces.

(9)

Central Loading. Central loading facilities may be permitted for multiple uses provided the following conditions are fulfilled:

(a)

Each principal structure or use served shall have direct access to the central loading area without crossing streets or alleys at grade.

(b)

Total berths provided shall meet the requirements based on the sum of the several types of uses served.

(c)

No principal structure served shall be more than 300 feet removed from the central loading area.

(d)

The tunnel or ramp connecting the central loading area with the lots served shall not be less than seven feet in width and have a vertical clearance of not less than seven feet.

(Ord. No. 13-005, § 1, 3-28-2013)

(1)

Purpose. The purpose of this section is to establish highway access requirements for safety and welfare of the public.

(2)

Access prohibited.

(a)

No direct private access shall be permitted to the existing or proposed rights-of-way of expressways or to any controlled access arterial street without permission of the highway agency that has access control jurisdiction.

(b)

No direct public or private access shall be permitted to the existing or proposed rights-of-way of freeways, interstate highways and their interchanges or turning lanes, nor to intersecting or interchanging streets within 1,500 feet of the most remote end of the taper of the turning lanes (such as exit and entrance ramps).

(c)

No driveway openings shall be permitted within 100 feet of the intersection of an arterial street right-of-way line.

(3)

Access Barriers. Access barriers, such as curbing, fencing, ditching, landscaping or other topographic barriers, shall be erected to prevent unauthorized vehicular ingress or egress to the above specified streets or highways.

(4)

Temporary access.

(a)

Temporary access to the above rights-of-way may be granted by the zoning administrator after review and recommendation by the highway agencies having jurisdiction.

(b)

Such access permit shall be temporary, revocable and subject to any conditions required and shall be issued for a period not to exceed 12 months.

(Ord. No. 13-005, § 1, 3-28-2013)

(1)

Purpose. The purpose of this section is to establish requirements for the storage and parking of recreational vehicles to protect property values and the safety and welfare of the public.

(2)

Definitions. For purposes of this section, the following definitions for "recreational vehicle" shall apply:

(a)

Travel trailer means a vehicular, portable structure built on a chassis and on wheels that is between ten and 36 feet long, including the hitch, and eight feet or less in width, designated to be used as a temporary dwelling for travel, recreation, vacation or other uses and towed by a car or truck. It includes so-called fifth-wheel units.

(b)

Pick-up coach means a structure designed to be mounted on a truck chassis for use as a temporary dwelling for travel, recreation, vacation or other uses.

(c)

Motor home means a portable, temporary dwelling to be used for travel, recreation, vacation or other uses, constructed as an integral part of a self-propelled vehicle.

(d)

Camping trailer means a canvas or folding structure mounted on wheels and designed for travel, recreation, vacation or other uses.

(e)

Chassis mounts, motor homes, and mini-motor homes means recreational structures constructed integrally with a truck of motor-van chassis and incapable of being separated therefrom.

(f)

Converted and chopped vans means recreational structures which are created by altering or changing an existing auto van to make it a recreational vehicle.

(g)

Boat or snowmobile trailer means a vehicle on which a boat or snowmobile may be transported and is towable by a motor vehicle. When removed from the trailer, a boat or snowmobile, for purposes of this article, is termed an unmounted boat or snowmobile.

(h)

Boat means every description of watercraft used or capable of being used as a means of transportation on water.

(3)

Permitted parking or storage. In all districts provided for in this chapter, it is permissible to park or store a recreational vehicle or boat and snow mobile on private property in the following manner:

(a)

Parking is permitted pursuant to the street yard requirements of the applicable zoning district per article II.

(b)

The recreational vehicle or boat shall be owned by the resident on whose property the unit is parked for storage.

(c)

When in storage, recreational vehicles or boats shall not be:

1.

Used for dwelling purposes, except for overnight sleeping for a maximum of 14 days in any one calendar year. Cooking is not permitted at any time.

2.

Permanently connected to sewer lines, water lines or electricity. The recreational vehicle may be connected to electricity temporarily for charging batteries and other purposes.

3.

Used for storage of goods, materials or equipment other than those items considered to be part of the unit or essential for its immediate use.

4.

Notwithstanding the above, a unit may be parked anywhere on the premises during active loading or unloading, and the use of electricity or propane fuel is permitted when necessary to prepare a recreational vehicle for use.

(Ord. No. 13-005, § 1, 3-28-2013)

(1)

Purpose. The purpose of this section is to regulate the glare and spill-over of light of a light source in order to promote traffic safety and to prevent the creation of nuisances.

(2)

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.

(3)

Exterior Lighting Requirements.

(a)

In no instance shall an exterior lighting fixture be oriented so that the lighting element (or a clear 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.

(b)

Flashing, flickering and/or other lighting which may distract motorists are prohibited.

(4)

Intensity of illumination.

(a)

In no instance shall the amount of illumination attributable to exterior lighting, as measured at the property line, exceed 0.50 footcandles above ambient lighting conditions on a cloudless night.

(b)

The maximum average on-site lighting in residential zoning districts shall be 0.90 foot-candles.

(c)

The maximum average on-site lighting in non-residential zoning districts shall be 2.4 foot-candles.

(d)

The following exceptions shall be permitted:

1.

The maximum average allowable on-site lighting of outdoor recreation facilities and assembly areas is 3.60 foot-candles.

2.

The maximum average on-site lighting of auto display lots and gas station pump islands is 25.0 foot-candles. All under-the-canopy fixtures shall be fully recessed.

(e)

Reflected glare onto nearby buildings, streets or pedestrian areas is prohibited. To minimize any indirect overflow of light on adjacent properties, the height of any proposed parking lot light standard should be as short as possible and should stair step down to a lower height when close to residential uses.

(5)

Fixtures and luminaries.

(a)

Outdoor lighting shall be full cut-off fixtures and downward facing and no direct light shall bleed onto adjacent properties. Exempt from this requirement are any fixtures using an incandescent bulb of 100 watts or less, or its equivalent.

(b)

Light fixtures shall not be located within required bufferyards.

(c)

Total cut-off luminaries with angles of less than 90 degrees shall be required for pole and building security lighting to ensure no fugitive up lighting occurs.

(d)

The color and design of fixtures shall be compatible with the building and public lighting in the area, and shall be uniform throughout the entire development site.

(e)

The maximum fixture height in the residential districts and the B-1 and B-2 districts shall be 14 feet. The maximum fixture height in all other districts shall be 20 feet.

(f)

All lighting fixtures existing prior to the effective date of this chapter shall be considered as legal conforming.

(g)

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 foot-candles.

(h)

Any temporary use using exterior lighting which is not in complete compliance with the requirements of this section.

(Ord. No. 13-005, § 1, 3-28-2013)

(1)

Purpose. The purpose of this section is to regulate exterior storage so as to promote the safety and general welfare of the public.

(2)

Materials and equipment storage.

(a)

In all commercial and industrial zoning districts, all materials and equipment shall be stored within a completely enclosed building.

(b)

The following materials shall not be located within any front yard or required street yard and shall be stored a minimum of five feet from any and all property lines:

1.

Screened refuse containers.

2.

Construction materials.

3.

Landscape materials.

4.

Related equipment connected within on-site construction.

(3)

Exterior trash storage.

(a)

All exterior trash storage shall be located within an enclosure that completely screens the view of said trash.

(b)

The exterior of said enclosure shall be constructed of some or all of the materials used on the main building.

(c)

A solid wood fence shall be used to gain access to the storage area.

(4)

Inoperable vehicles and junk. Refer to Chapter 50, Article X of the City of Portage Code of Ordinances.

(5)

Outdoor storage of firewood.

(a)

No person shall store firewood in the front yard of residentially zoned property, except that firewood may be temporarily stored in the front yard for a period of 48 hours from the time of its delivery.

(b)

Firewood should be neatly stacked and may not be stacked closer than two feet to any lot line and not higher than 6 feet from grade, except adjacent to a fence where firewood can be stacked against the fence as high as the fence. Fences as used in this section shall not include hedges and other vegetation.

(c)

All brush, debris, and refuse from processing of firewood shall be promptly and properly disposed of.

(d)

Woodpiles that contain diseased wood that is capable of transmitting disease to healthy trees and woodpiles, or that harbor or are infested or inhabited by rats or other vermin, are public nuisances and may be abated pursuant to the provisions of this Chapter.

(e)

Not more than 20 percent of the side and rear yard may be used for storage of firewood at any one time.

(Ord. No. 13-005, § 1, 3-28-2013)

(1)

Purpose. The purpose of this section is to regulate the materials, location, height and maintenance of fencing, landscaping walls and decorative posts in order to prevent the creation of nuisances and to promote the general safety and welfare of the public.

(2)

Fences defined. For the purpose of this section, a "fence" is herein defined as an enclosed barrier consisting of vegetation, wood, stone, or metal intended to prevent ingress or egress. For the purposes of this section, the term "fence" shall include plantings, such as hedges and shrubbery.

(3)

Types of fences.

(a)

Boundary fence. A fence placed on or within 3 feet of the property lines of adjacent properties.

(b)

Protective fence. A fence constructed to enclose a hazard to the public health, safety, and welfare.

(c)

Architectural or aesthetic fence. A fence constructed to enhance the appearance of the landscape.

(d)

Hedge. A row of bushes or small trees planted close together which form a barrier, enclosure, or boundary.

(e)

Picket fence. A fence having a pointed post, stake, pale or peg laced vertically with the point pointing upward to form a part of the fence.

(4)

Acceptable materials.

(a)

Acceptable materials for constructing fencing, landscape walls, and decorative posts include wood, stone, brick, wrought iron, aluminum, steel, chain link, PVC, and wire mesh.

(b)

Wire mesh and chain link fencing is not permitted within front or street side yard areas in any residential zoning districts.

(5)

Prohibited fences.

(a)

No fence shall be constructed of dangerous materials that would constitute a nuisance.

(b)

Electric fences shall not be permitted.

(c)

Barbed wire fencing shall not be permitted, except in M-1 and M-2 districts if devices securing the barbed wire to the fence are ten feet above the ground or project toward the fenced property and away from any public area.

(d)

Security fences shall not be permitted, except in M-1 and M-2 districts if the fence does not exceed ten feet in height and shall be of an open type similar to woven wire or wrought iron fencing.

(6)

Height, location, and orientation.

(a)

Fences in or adjacent to a residential property are permitted along lot lines.

(b)

Fences, walls and continuous linear shrubbery such as hedges shall be permitted in all yards subject to the following limitations:

1.

Any such structure or shrubbery not in excess of four feet in height may be permitted anywhere on the lot, except as may be prohibited at street intersections.

2.

Any such structure or shrubbery in excess of four feet, but not more than six feet, may be permitted provided it is no closer than five feet to any public right-of-way, except as may be prohibited at street intersections.

3.

No such structure or shrubbery in any yard of a corner lot within 25 feet of the corner of such lot that is at the street intersection shall be higher than 2½ feet above the centerline of the street, provided that a chain link fence with a mesh of two inches or more shall be permitted within such area to the maximum height as specified in this section.

4.

All such structures shall be no closer than five feet to an alley line.

(c)

Any and all fences, landscape walls, or decorative posts shall be erected so as to locate visible supports and other structural components toward the subject property.

(d)

Any fence within any portion of a front yard shall be a maximum of 50 percent opaque (such as a wood or metal picket or wood rail fence), except with the granting of a conditional use.

(7)

Repair and maintenance. All fences shall be maintained and kept safe and in a state of good repair.

(8)

Temporary fences.

(a)

Fences erected for the protection of planting or to warn of construction hazard, or for similar purposes, shall be clearly visible and marked with colors or streamers or other such warning devices at four feet intervals. Such fences shall comply with the setback requirements set forth in this section and shall not be erected for more than 45 days.

(b)

Fences erected for the purposes of limiting snow drifting shall be permitted between November 1 and April 1 and shall be permitted for no more than 180 days.

(c)

The issuance of a permit shall not be necessary for temporary fences as described herein.

(Ord. No. 13-005, § 1, 3-28-2013)

(1)

Purpose. The purpose of this section is to regulate permanent swimming pools in order to prevent the creation of nuisances and to promote the health, safety, and general welfare of the public.

(2)

Definition. A private or residential swimming pool is an outdoor structure containing a body of water in a receptacle or other container having a depth for water at any point greater than 1½ feet located above or below the surface of ground elevation, used or intended to be used solely by the owner, operator or lessee thereof and his family, and by friends invited to use it, and includes all structural facilities, appliances and appurtenances, equipment and other items used and intended to be used for the operation and maintenance of a private or residential swimming pool. The regulations herein shall also be applicable to in-ground hot tubs.

(3)

Exempt pools. Covered, above-ground hot tubs and storable children's swimming or wading pools, with a maximum dimension of 15 feet and a maximum wall height of 15 inches and which are so constructed that it may be readily disassembled for storage and reassembled to its original integrity are exempt from the provisions of this section.

(4)

Permit required. Before work is commenced on the construction or erection of private or residential swimming pools or on any alterations, additions, remodeling or other improvements, an application for a swimming pool building permit to construct, erect, alter, remodel or add must be submitted in writing to the department of inspection. Plans and specifications and pertinent explanatory data should be submitted to the department of inspection at the time of application. No work or any part of the work shall be commenced until a written permit for such work is obtained by the applicant. A fee as set forth in the official city fee schedule on file in the city clerk's office shall accompany such application.

(5)

Construction requirements. In addition to such other requirements as may be reasonably imposed by the department of inspection, the department of inspection shall not issue a permit for construction as provided for in this section, unless the following construction requirements are observed:

(a)

All materials and methods of construction in the construction, alteration, addition, remodeling or other improvements and pool installation shall be in accord with all state regulations and code and with any and all ordinances of the City now in effect or hereafter enacted.

(b)

All plumbing work shall be in accordance with all applicable ordinances of the city and all state codes. Every private or residential swimming pool shall be provided with a suitable draining method and, in no case, shall waters from any pool be drained into the sanitary sewer system, onto lands of other property owners adjacent to that on which the pool is located on in the general vicinity.

(c)

All electrical installations, including lighting and heating but not limited thereto, which are provided for, installed and used in conjunction with a private swimming pool shall be in conformance with the state laws and city ordinances regulating electrical installations.

(6)

Setbacks and other requirements.

(a)

Private swimming pools shall be erected or constructed on rear or side lots only and only on a lot occupied by a principal building. No swimming pool shall be erected or constructed on an otherwise vacant lot. A lot shall not be considered vacant if the owner owns the contiguous lot and said lot is occupied by a principal building.

(b)

No swimming pool shall be located, constructed or maintained closer to any side or rear lot line than is permitted in this chapter for an accessory building, and in no case shall the water line of any pool be less than five feet from any lot line.

(7)

Fence requirement.

(a)

Pools within the scope of this section which are not enclosed with a permanent building shall be completely enclosed by a fence of sufficient strength to prevent access to the pool, or shall have a cover or other protective device over such swimming pool of such a design and material that the same can be securely fastened in place and when in place shall be capable of sustaining a person weighing 250 pounds. Such cover or protective device shall be securely fastened in place at all times when the swimming pool is not in actual use for swimming or bathing purposes. Such fence or wall shall not be less than six feet in height and so constructed as not to have voids, holes or openings larger than four inches in one dimension. Gates or doors shall be kept locked while the pool is not in actual use.

(b)

The pool enclosure may be omitted where portable pools are installed above ground and have a raised deck around the entire pool perimeter with an attached enclosed railing which complies with the International Building Code requirements as adopted by the state.

(c)

All swimming pools existing as of the effective date of this chapter not satisfactorily fenced shall comply with the fencing requirements of this section or when water is placed in the pool.

(8)

Draining and approval thereof. No private swimming pool shall be constructed so as to allow water therefrom to drain into any sanitary sewer or septic tank nor to overflow upon or cause damage to any adjoining property. Provisions may be made for draining the contents of any swimming pool into a storm sewer, but such installation shall be subject to prior approval by the plumbing inspector. In all cases where a private swimming pool is to be constructed on premises served by a private sewage disposal system, approval of the state board of health shall be necessary before the construction of any such pool may commence.

(9)

Filter system required. All private swimming pools within the meaning of this chapter must have, in connection therewith, some filtration system to assure proper circulation of the water therein and maintenance of the proper bacterial quality thereof.

(10)

Dirt bottoms prohibited. All swimming pools of a permanent nature shall have the sides and bottom of a smooth finish, and no sand or dirt bottom shall be permitted.

(Ord. No. 13-005, § 1, 3-28-2013)

(1)

Purpose. The purpose of this section is to regulate the creation of vibration which adversely affects adjoining properties in order to prevent the creation of nuisances and to promote the health, safety, and general welfare of the public.

(2)

Applicability. The requirements of this section apply to all uses and activities which create detectable vibrations, except that these standards shall not apply to vibrations created during the construction of the principal use on the subject property.

(3)

Requirements. No activity or operation shall transmit any physical vibration that is above the vibration perception threshold of an individual or beyond the property line of the source. Vibration perception threshold means the minimum ground-borne 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.

(Ord. No. 13-005, § 1, 3-28-2013)

(1)

Purpose. The purpose of this section is to regulate the creation of noise which adversely affects adjoining properties in order to prevent the creation of nuisances and to promote the health, safety, and general welfare of the public.

(2)

Applicability. The requirements of this section apply to all uses and activities which create detectable noise, except that these standards shall not apply to noise created during the construction of the principal use on the subject property, or by incidental traffic, parking, loading, maintenance, or agricultural operations.

(3)

Requirements. All noise shall be muffled so as not be objectionable due to intermittence, frequency, or shrillness. In no event shall the sound-pressure level of noise continuously radiated from a facility exceed the values given in below as measured by a Type 2 sound meter that is in compliance with ANSI standard S1.4-1983. The measurement shall be conducted at the lot line of the subject property where said lot abuts property within any residential, office, or business zoning district, or the M-3 district.

(4)

Nonconforming Noise. Noise that was in effect as of the effective date of this chapter shall be considered legal nonconforming. The burden of proof to demonstrate that said noises were in effect prior to the effective date of this Chapter is the responsibility of the noise producer.

(Ord. No. 13-005, § 1, 3-28-2013)

(1)

Purpose. The purpose of this section is to regulate the creation of air pollution which adversely affects adjoining properties in order to prevent the creation of nuisances and to promote the health, safety and general welfare of the public.

(2)

Requirements.

(a)

The emission of particulate matter containing a particle diameter larger than 44 microns is prohibited.

(b)

Emission of smoke or particulate matter of a density equal to or greater than Number 2 on the Ringelmann Chart (US Bureau of Mines) is prohibited at all times.

(c)

Dust and other types of air pollution borne by the wind from such sources as storage areas, yards, and roads within the boundaries of any lot shall be kept to a minimum by appropriate landscaping, paving, oiling, or other acceptable means.

(d)

Outdoor wood furnaces are not permitted in the City of Portage for public health and safety reasons.

(e)

All applicable state and federal standards.

(Ord. No. 13-005, § 1, 3-28-2013)

(1)

Purpose. The purpose of this section is to regulate the creation of odor which adversely affects adjoining properties in order to prevent the creation of nuisances and to promote the healthy, safety, and general welfare of the public.

(2)

Requirements.

(a)

Except for food preparation and cooking odors emanating from residential land uses, and odors associated with property development and maintenance (such as construction, lawn care, and the painting and roofing of structures), no odor shall be created for periods exceeding a total of 15 minutes per any day which are detectable (by a healthy observer such as the zoning administrator) at the boundary of the subject property.

(b)

Public landfills and public sanitary sewage treatment plants shall be exempted from the requirements of this section as essential public services.

(Ord. No. 13-005, § 1, 3-28-2013)

(1)

Purpose. The purpose of this section is to regulate the creation of glare or heat in order to prevent the creation of nuisances and to promote the health, safety, and welfare of the public.

(2)

Requirements.

(a)

No direct or sky-reflected glare shall be visible at the lot line of the subject property, whether from floodlights or from temperature processes, such as combustion, welding, or otherwise.

(b)

As determined by the zoning administrator, there shall be no discernible transmission of heat or heated air at the lot line.

(c)

Solar systems regulated by Wis. Stats. § 66.0401 shall be entitled to the protection of its provisions.

(Ord. No. 13-005, § 1, 3-28-2013)

(1)

Purpose. The purpose of this section is to regulate the creation of fire and/or explosion hazards which adversely affect adjoining properties in order to prevent the creation of nuisances and to promote the health, safety, and general welfare of the public.

(2)

Requirements.

(a)

Any use involving materials which could decompose by detonation shall be located not less than 400 feet from any residential or commercial zoning district, except that this standard shall not apply to the storage or usage of liquefied petroleum or natural gas for normal residential or business purposes.

(b)

All activities and storage of flammable and explosive materials at any point shall be provided with adequate safety and fire fighting devices in accordance with all fire prevention codes of the State of Wisconsin.

(Ord. No. 13-005, § 1, 3-28-2013)

(1)

Purpose. The purpose of this section is to regulate the handling of toxic, noxious, or waste material which adversely affects adjoining properties in order to prevent the creation of nuisances and to promote the health, safety, and general welfare of the public.

(2)

Requirements.

(a)

No use shall discharge across the boundaries of the subject property, or through percolation into the subsoil, toxic or noxious material in such concentration as to be detrimental to or endanger the public health, safety, comfort, or welfare, or cause injury or damage to private property or business.

(b)

No use shall discharge at any point into any public or private sewage disposal system or stream, or into the ground, any liquid or solid materials except in accordance with the regulations of the Wisconsin Department of Public Health.

(Ord. No. 13-005, § 1, 3-28-2013)

(1)

Purpose. The purpose of this section is to provide information to the City regarding the nature of land uses which involve research, production, storage, disposal, handling, and/or shipment of hazardous materials.

(2)

Applicability. The requirements of this section apply to all land uses and activities involving any one or more of the following:

(a)

Micro-organism cultures subject to Wis. Stats. § 94.65.

(b)

Pesticides subject to Wis. Stats. § 94.67(25).

(c)

Biological products subject to Wis. Stats. § 95.39.

(d)

Hazardous substances subject to Wis. Stas § 100.37(1)(c).

(e)

Toxic substances subject to Wisconsin Statutes 101.58(2)(j).

(f)

Infectious agents subject to Wisconsin Statutes 101.58(2)(f).

(g)

Any material for which the State of Wisconsin requires notification of a local fire department.

(h)

Any other uses, activities, or materials which are subject to county, state, or federal hazardous, or related, materials regulations.

(3)

Requirements. All land uses involving such hazardous materials shall submit a written description of such materials and the operations involving such materials conducted on their property as part of the required site plan submittal.

(Ord. No. 13-005, § 1, 3-28-2013)