Village Of Johnson Creek
City Zoning Code
City Zoning Code
ARTICLE VIII
Performance Standards
§ 250-84 Purpose.
The purpose of this article is to indicate the requirements for access, visibility, off-street parking, off-street loading, exterior storage, exterior lighting, vibration, noise, air pollution, odors, electromagnetic radiation, glare and heat, fire and explosion, toxic and noxious materials, waste materials, drainage, exterior construction materials, and hazardous materials for all development occurring within the jurisdiction of this chapter (see § 250-9).
§ 250-85 Access standards.
A.
Purpose. The purpose of this section is to alleviate or prevent congestion of public rights-of-way so as to promote the safety and general welfare of the public by establishing minimum requirements for the provision of access to public rights-of-way in accordance with the utilization of various sites.
B.
Permit required. Each access point onto a public street or right-of-way shall have a permit issued by the Director of Public Works per § 86.07(2), Wis. Stats.
C.
Number of access points.
(1)
Each lot shall have not more than two access points on any street frontage adjacent to any lot. Said access shall require approval by the Zoning Administrator or the Director of Public Works.
(2)
In no instance shall any lot be permitted more than one access point on any one street if its frontage on said street is less than 100 linear feet (as measured along the right-of-way line).
(3)
On arterial streets and in certain areas experiencing or expected to experience congestion and/or safety problems, access to a lot may be required to be located via an access point located on an adjacent property or another street frontage.
(4)
For residential uses, two access points serving the same street frontage may be approved as a conditional use.
D.
Residential uses. Residential uses shall not have access points onto a nonresidential collector or arterial street unless such street has the only available frontage.
E.
Nonresidential uses. Nonresidential uses shall not have access points onto a residential street unless such street has the only available frontage.
F.
Access near street intersections. At its intersection with the street right-of-way line on an arterial or nonresidential collector street, no access point 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. In all cases, access points shall be located as far from an intersection as the lot size permits.
G.
Distance between access drives. The minimum distance between access drives serving the same property shall be 25 feet (edge to edge), as measured at the property line. A distance in excess of said 25 feet may be required if, in the opinion of the Zoning Administrator and the Village Engineer or the Director of Public Works, present or projected traffic factors warrant a greater distance.
H.
Angle of intersection with public right-of-way. All access drives shall intersect with any public right-of-way at an angle of not less than 75° and shall intersect at an angle of 90° wherever possible.
I.
Distance from property line. The distance from an access drive to the property line of an adjacent property shall not be less than five feet, as measured along the right-of-way line.
J.
Width of driveways. All access drives shall have a minimum width of 10 feet for one- and two-family dwellings and 18 feet for all other land uses. All curb openings for access drives shall have a maximum width of 25 feet for all residential uses and 35 feet for all nonresidential uses, as measured at the right-of-way line. All curb openings for nonresidential access drives shall be a maximum of 50 feet on Bobcat Lane, Grell Lane and Else Street. Access drives may be flared between the right-of-way line and the roadway up to a maximum of five additional feet.
[Amended 7-1-2004 by Ord. No. 17-04]
K.
Traffic control. The traffic generated by any use shall be channelized and controlled in a manner which avoids congestion on public streets and other safety hazards. 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 pedestrianways. Traffic control devices shall be required as determined by the Village Engineer or the Director of Public Works.
L.
Depiction on required site plan. Any and all proposed access drives on the subject property shall be depicted as to their location and configuration on the site plan required for the development of the subject property. (Refer to § 250-127.)
M.
Paving of access. All access approach areas located within a street right-of-way shall be paved to the satisfaction of the Village Engineer or the Director of Public Works 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 subject property into the right-of-way. This requirement must be fulfilled before building occupancy, unless granted a time-specific extension in writing by the Village Engineer, Director of Public Works, or Building Inspector.
[Amended 6-23-2008 by Ord. No. 09-08]
§ 250-86 Visibility standards.
A.
Purpose. The purpose of this section is to alleviate or prevent congestion of public rights-of-way so as to promote the safety and general welfare of the public by establishing minimum requirements for the provision of vehicular visibility.
B.
Requirement.
(1)
In order to provide a clear view of intersecting streets to motorists, there shall be a triangular area of clear vision formed by the two intersecting streets and a chord connecting said center lines, as determined by the Village Engineer or the Director of Public Works. Generally, the following standards shall apply:
Vision Clearance Triangle Standards | ||
|---|---|---|
Right-of-Way Width (feet) | Distance from Right-of-Way Intersection (feet) | |
Less than 50 | 50 | |
50 | 50 | |
51 to 60 | 40 | |
61 to 66 | 34 | |
67 to 82.5 | 15 | |
Greater than 82.5 | 15 | |
(2)
Within said triangular area, no signs, parking spaces, structures or earthwork in excess of 30 inches, and no vegetation, fencing nor other such obstructions between 30 inches and eight feet in height which exceeds an opacity of 0.2 [see § 250-79D(2)] shall be permitted which exceed 30 inches in height above either of the center-line elevations of said two streets.
C.
Depiction on required site plan. Except in the downtown where no requirement is imposed, any and all visibility triangles located on the subject property shall be depicted as to their location and configuration on the site plan required for the development of the subject property. (Refer to § 250-127.)
§ 250-87 Off-street parking and traffic circulation standards.
A.
Purpose. The purpose of this section is to alleviate or prevent congestion of public rights-of-way so as to promote the safety and general welfare of the public by establishing minimum requirements for the provision of off-street parking and circulation in accordance with the utilization of various sites. Please refer to § 250-100, Drainage standards.
B.
Depiction on required site plan. Any and all parking and traffic circulation areas proposed to be located on the subject property shall be depicted as to their location and configuration on the site plan required for the development of the subject property. (Refer to § 250-127.) Each and every on-site parking space designed to serve as required parking shall not be located farther than 300 feet, except as permitted by a conditional use permit, of the shortest walking distance from the access to all of the various areas it is designated to serve. A garage stall meeting the access requirements of Subsection F(4) below shall be considered a parking space. Parking spaces for any and all vehicles exceeding 18 feet in length shall be clearly indicated on said site plan.
C.
Use of off-street parking areas. The use of all required off-street parking areas shall be limited to the parking of operable vehicles not for lease, rent or sale. Within residential districts, required parking spaces shall only be used by operable cars and trucks.
D.
Traffic circulation and traffic control. Site circulation shall be designed to provide for the safe and efficient movement of all traffic entering, exiting and on the site. Circulation shall be provided to meet the individual needs of the site with specific mixing of access and through movements and, where required, shall be depicted on the required site plan. Circulation patterns shall conform with the general rules of the road, and all traffic control measures shall meet the requirements of the Manual of Uniform Traffic Control Devices.
E.
Installation and maintenance of off-street parking and traffic circulation areas. All off-street parking and traffic circulation areas shall be completed prior to building occupancy and shall be maintained in a dust-free condition at all times. In no instance or manner shall any off-street parking or traffic circulation area be used as a storage area except as provided for by § 250-89C.
F.
Off-street parking and traffic circulation design standards.
(1)
Surfacing and marking. All off-street parking and traffic circulation areas (including all residential driveways – except those within the RH District) shall be paved with asphalt, concrete or brick to the satisfaction of the Village Engineer or the Director of Public Works. Said surfaces intended for six or more parking stalls shall be marked in a manner that clearly indicates required parking spaces. Driveways shall be paved on new residential lots within 18 months from the time when a home occupancy permit is issued for said lot. All residential lots in the Village which had unpaved (e.g., gravel) driveways before the effective date of this chapter shall comply with these pavement requirements within six months from the time property ownership is transferred.
[Amended 5-1-2003 by Ord. No. 05-03]
(2)
Curbing. All off-street parking areas designed to have head-in parking within 6 1/2 feet of any lot line shall provide a tire bumper or curb of adequate height and which is properly located to ensure that no part of any vehicle will project beyond the required setbacks of this chapter (see §§ 250-56 and 250-57).
(3)
Lighting. All off-street parking and traffic circulation areas serving six or more cars shall be lit so as to ensure the safe and efficient use of said areas during the hours of use. An illumination level of between 0.4 and 1.0 footcandle is recommended for said areas, and said illumination level shall not exceed the standards of § 250-90.
(4)
Access. Each required off-street parking space shall open directly upon an aisle or driveway that is wide enough and designed to provide a safe and efficient means of vehicular access to the parking space without directly backing or maneuvering a vehicle into a public right-of-way exceeding 82.5 feet in width. All off-street parking and traffic circulation 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. No driveway across public property or requiring a curb cut shall exceed a width of 40 feet for commercial and industrial land uses or 25 feet for residential land uses. [See also Table 250-87F(10).] 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.
(5)
Signage. All signage located within or related to required off-street parking or traffic circulation shall comply with the requirements of Article IX.
(6)
Handicapped parking spaces. Parking for the handicapped shall be provided at a size, number, location and with signage as specified by state and federal regulations.
(7)
Parking space design standards. Other than parking required to serve the handicapped, every and all provided off-street parking spaces shall comply with the minimum requirements of Table 250-87F(10). The minimum required length of parking spaces shall be 17 feet, plus an additional one-and-one-half-foot vehicle overhang area at the end of the stall. All parking spaces shall have a minimum vertical clearance of at least seven feet.
(8)
Snow storage. Required off-street parking and traffic circulation areas shall not be used for snow storage.
(9)
Parking lot design standards. Horizontal widths for parking rows, aisles, and modules shall be provided at widths no less than listed in Table 250-87F(10) below. Additional design standards apply to group developments. (See § 250-47.)
(10)
Landscaping. Parking lot landscaping shall comply with the requirements of the paved area landscaping requirements in § 250-75C.
Table 250-87F(10): Parking Layout Dimensions | |||||||
|---|---|---|---|---|---|---|---|
Parking Angle in Degrees (°) | |||||||
Minimum Permitted Dimensions (in feet) | 0° (parallel) | 45° | 60° | 75° | 90° | ||
Stall width at parking angle (SW) | 9 | 9 | 9 | 9 | 9 | ||
Stall width parallel to aisle (WP) | 17.9 | 12.7 | 10.4 | 9.3 | 9 | ||
Stall depth to wall (D) | 91 | 17.51 | 191 | 19.51 | 18.51 | ||
Stall depth to interlock (DI) | — | 15.3 | 17.5 | 18.8 | — | ||
Stall length (including 1.5-foot curb overhang) (SL) | 18.5 | 18.5 | 18.5 | 18.5 | 18.5 | ||
Aisle width (AW) | 122 | 122 | 162 | 17.22 | 262 | ||
Throat length (right-of-way to parking angle) (T) | Refer to requirements in Table 250-87G(6) | ||||||
Parking module width (PMW) | |||||||
Wall to wall (single-loaded) (W1) | 21 | 29.5 | 35 | 42.5 | 44.5 | ||
Wall to wall (double-loaded) (W2) | 30 | 47 | 54 | 62 | 63 | ||
Wall to interlock (double-loaded) (W3) | — | 44.8 | 52.5 | 61.3 | — | ||
Interlock to interlock (double-loaded) (W4) | — | 42.6 | 51 | 60.6 | — | ||
1 | Parking spaces located behind an enclosed garage and located directly off a through aisle shall be at least 30 feet deep. | |
2 | This dimension represents (AW) for one-way traffic. For two-way traffic, add eight feet to a maximum (AW) of 26 feet. |
 Diagram for Table 250-87F(10): Typical Parking Layout Dimensions |
G.
Calculation of minimum required parking spaces.
(1)
General guidelines for calculating required parking spaces. The requirements of Subsection G(3) below shall be used to determine the minimum required number of off-site parking spaces which must be provided on the subject property. Requirements are generally tied to the capacity of the use; the gross floor area of the use; or the number of employees which work at the subject property during the largest work shift. The term "capacity" as used herein means the maximum number of persons that may be accommodated by the use as determined by its design or by State Building Code regulations, whichever number is greater. References herein to "employee(s) on the largest work shift" means the maximum number of employees working at the facility during a single given day, regardless of the time period during which this occurs and regardless of whether any such person is a full-time employee. The largest work shift may occur on any particular day of the week or during a lunch or dinner period in the case of a restaurant. In all cases, one reserved parking space shall be provided for each vehicle used by the operation during business hours. Said spaces shall be in addition to those required by Subsection G(3) below. Where said parking needs of any land use exceed the minimum requirements of this chapter, additional parking spaces sufficient to meet the average maximum weekly peak-hour parking space demand shall be provided by said land use.
(2)
Joint and off-site parking facilities.
(a)
Parking facilities which have been approved by the Village Engineer or the Director of Public Works to provide required 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.
(b)
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 access to all of the various areas it is designated to serve. See § 250-41A.
(c)
The applicant(s) for approval of a joint parking facility shall demonstrate to the Village Engineer's or the Director of Public Works' satisfaction that there is no substantial conflict in the demand for parking during the principal operating hours of the two or more uses for which the joint parking facility is proposed to serve.
(d)
A legally binding instrument, approved by the Village Administrator, shall be executed by any and all parties to be served by said joint parking facility. This instrument shall be recorded with the Register of Deeds office and filed with the Village Clerk. A fee shall be required to file this instrument (see § 250-138).
(4)
Provision of fee in lieu of parking spaces development. Within the Central Business (CB) District, the parking requirements of this chapter may be waived with the provision of a payment for common public parking areas in downtown.
(5)
Locational prohibitions for off-street parking areas.
(a)
Off-street parking shall not be located between the principal structure on a residential lot and a street right-of-way, except within residential driveways and parking lots designated on the approved site plan (see § 250-127).
(b)
No private parking shall occur on street terraces, driveways or any other areas located within a public right-of-way not explicitly designated by the Village Administrator or the Director of Public Works.
(6)
Minimum permitted throat length. The Table 250-87G(6) below shall be used to determine the minimum permitted throat length of access drives serving parking lots, as measured from the right-of-way line along the center line of the access drive:
Table 250-87G(6): Minimum Permitted Throat Length | |||||
|---|---|---|---|---|---|
Type of Access Street | |||||
Land Use | Type | Scale of Development | Collector (feet) | Arterial (feet) | |
Residential | Any residential | 0 to 100 dwelling units | 25 | — | |
101 to 200 dwelling units | 50 | 75 | |||
201 or more dwelling units | 75 | 125 | |||
Commercial | Office | 0 to 50,000 gross square feet | 25 | 50 | |
50,000 to 100,000 gross square feet | 25 | 75 | |||
100,000 to 200,000 gross square feet | 50 | 100 | |||
200,001 or greater gross square feet | 100 | 150 | |||
In-vehicle sales | 0 to 2,000 gross square feet | 25 | 75 | ||
2,001 or greater gross square feet | 50 | 100 | |||
Indoor entertainment | 0 to 15,000 gross square feet | 25 | 50 | ||
15,000 or greater gross square feet | 25 | 75 | |||
Commercial lodging | 0 to 150 rooms | 25 | 75 | ||
151 or more rooms | 25 | 100 | |||
Other commercial uses | 0 to 25,000 gross square feet | 25 | 50 | ||
25,001 to 100,000 gross square feet | 25 | 75 | |||
100,000 to 500,000 gross square feet | 50 | 100 | |||
500,001 or greater gross square feet | 75 | 200 | |||
Industrial | All industrial uses | 0 to 100,000 gross square feet | 25 | 50 | |
100,001 to 500,000 gross square feet | 50 | 100 | |||
500,000 or greater gross square feet | 50 | 200 | |||
All other uses | 6 or more parking spaces | 25 | 50 | ||
§ 250-88 Off-street loading standards.
A.
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.
B.
Applicability. Any use which has a gross floor area of 6,000 square feet or more, and which requires deliveries or makes shipments, shall provide off-street loading facilities in accordance with the regulations of this section.
C.
Location. All loading berths shall be located 25 feet or more from the intersection of two street right-of-way lines. Loading berths shall not be located within any required front yard or street yard setback area. Access to the loading berth shall be located in conformance with § 250-85. All loading areas shall be located on the private lot and shall not be located within or so as to interfere with any public right-of-way.
D.
Size of loading area. The first required loading berth shall be designed in accordance with Table 250-88D. All remaining required loading berths shall be a minimum of 25 feet in length. All required loading berths shall have a minimum vertical clearance of 14 feet. The following standards shall be the minimum used to design loading areas:
Table 250-88D: Loading Standards | ||||||
|---|---|---|---|---|---|---|
Design Vehicle | Length in Feet | Dock Angle (a) | Clearance in Feet (D) | Berth Width in Feet (W) | Apron Space in Feet (A) | Total Offset in Feet (F) |
WB-40 | 50 | 90° | 50 | 10 | 63 | 113 |
12 | 56 | 106 | ||||
14 | 52 | 102 | ||||
60° | 44 | 10 | 46 | 90 | ||
12 | 40 | 84 | ||||
14 | 35 | 79 | ||||
45° | 36 | 10 | 37 | 73 | ||
12 | 32 | 68 | ||||
14 | 29 | 65 | ||||
WB-50 | 55 | 90° | 55 | 10 | 77 | 132 |
12 | 72 | 127 | ||||
14 | 67 | 122 | ||||
60° | 48 | 10 | 55 | 103 | ||
12 | 51 | 99 | ||||
14 | 46 | 94 | ||||
45° | 39 | 10 | 45 | 84 | ||
12 | 40 | 79 | ||||
14 | 37 | 76 | ||||
 |  |
E.
Access to loading area. 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 per § 250-87 and shall not interfere with the function of parking areas. In no instance shall loading areas rely on backing movements into public rights-of-way.
F.
Surfacing and marking. All required loading areas shall be paved and maintained in a dust-free condition at all times. Said surface shall be marked in a manner which clearly indicates required loading areas.
G.
Use of required loading areas. 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.
I.
Signage. All signage located within or related to loading areas shall comply with the requirements of Article IX.
J.
Depiction on required site plan. Any and all required loading areas proposed to be located on the subject property shall be depicted as to their location and configuration on the site plan required for the development of the subject property. (Refer to § 250-127.)
K.
Calculation of required loading spaces.
(1)
Indoor institutional land uses. One loading berth shall be required for each building having a gross floor area of 6,000 square feet to 29,999 square feet. For such uses located in buildings having a gross floor area of 30,000 square feet or greater, two loading berths shall be required.
(2)
Commercial (except offices), storage/disposal, transportation and industrial land uses. One loading berth shall be required for each building having a gross floor area of 6,000 square feet to 29,999 square feet. For such uses located in buildings having a gross floor area of 30,000 square feet or greater, an additional loading berth shall be required for any portion of each 50,000 square feet of gross floor area in addition to the original 29,999 square feet.
(3)
Office land uses. One loading berth shall be required for each building having a gross floor area of 6,000 square feet to 99,999 square feet. For such uses located in buildings having a gross floor area of 100,000 square feet or greater, an additional loading berth shall be required for any portion of each 100,000 square feet of gross floor area in addition to the original 99,999 square feet.
§ 250-89 Exterior storage standards for residential, office and commercial districts.
B.
Requirements for exterior storage in residential zoning districts. No person shall park or store recreational vehicles on a lot in a residential district except within a fully enclosed structure or except as provided herein.
(1)
For the purposes of this chapter, a recreational vehicle or equipment shall include boats, boats with trailers, motor homes, motor coaches, pickup campers, camping trailers, travel trailers, fifth-wheel trailers, large utility trailers, race cars and their trailers, canoes or kayaks and their trailers, tent campers, folding campers, utility trailers, and cases or boxes used to transport recreational vehicles or their equipment, and similar equipment and vehicles.
(2)
Outside parking of recreational vehicles and equipment are subject to the following provisions:
(a)
No more than two recreational vehicles may be parked or stored outside a fully enclosed structure.
(b)
No recreational vehicle may be parked or stored in a front or side yard on a regular basis, except upon nonrequired parking spaces on a pad or expanded driveway appropriately paved per § 250-87F(1).
[Amended 5-1-2003 by Ord. No. 05-03]
(c)
A recreational vehicle shall be located not closer than five feet to a side or rear lot line, except with the granting of a conditional use permit.
(d)
The recreational vehicle shall be maintained and be in good condition and safe for effective performance for the function in which it was intended. The exterior of the vehicle shall be intact.
(e)
Recreational vehicles shall be roadworthy. Vehicles that require a license shall be properly licensed.
(f)
No recreational vehicles or equipment shall be parked or stored in any open space outside a building unless such equipment is wholly owned by the property owner, who shall be in residence at the property in question. If the property is rented, such storage shall be permitted to the tenant only, provided that such equipment is owned by the tenant.
(g)
All equipment shall be parked, stored or screened by fencing and/or vegetation as inconspicuously as possible on the property. The area around the equipment or vehicle must be kept weed- and dust-free and free of accumulation of other storage material.
C.
Requirements for exterior storage in office and commercial districts. In all office and commercial zoning districts (see § 250-17 for a listing of these districts), all materials and equipment shall be stored within a completely enclosed building except for the following, which shall not be located within any front yard or required street yard (except for vehicles in designated parking spaces) and shall be stored a minimum of 10 feet or 1/2 the required principal building setback, whichever is greater, from any and all property lines: screened refuse containers; construction materials, landscape materials and related equipment connected with on-site construction; and off-street parking.
§ 250-90 Exterior lighting standards.
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.
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 site plan. Any and all exterior lighting shall be depicted as to its location, orientation and configuration on the site plan required for the development of the subject property. (Refer to § 250-127.)
D.
Requirements.
(1)
Orientation of fixture. 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)
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 footcandle above ambient lighting conditions on a cloudless night.
(b)
The maximum average on-site lighting in nonresidential zoning districts shall be 2.4 footcandles (500 watts metal halide or high-pressure sodium, 250 watts low-pressure sodium).
(c)
The maximum average on-site lighting in residential zoning districts shall be 0.90 footcandle (185 watts metal halide or high-pressure sodium, 90 watts low-pressure sodium).
(d)
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).
[2]
Auto display lots and gas station pump islands. Maximum average on-site lighting of 0.20 footcandle (50 watts metal halide or high-pressure sodium, 25 watts low-pressure sodium).
(3)
Location. Light fixtures shall not be located within required bufferyards.
(4)
Flashing, flickering and other distracting lighting. Flashing, flickering and/or other lighting which may distract motorists is prohibited [see § 250-113A(3)].
(5)
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 at a minimum intensity of 0.2 footcandle.
§ 250-91 Vibration standards.
A.
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 general welfare of the public.
B.
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.
C.
Depiction on required site plan. Any activity or equipment which creates detectable vibrations outside the confines of a building shall be depicted as to its location on the site plan required for the development of the subject property. (See § 250-127.)
D.
Requirements. No activity or operation shall cause or create earthborne vibrations in excess of the displacement values given below.
E.
Method of measurement. Measurements shall be made at or beyond the adjacent lot line or the nearest residence district boundary line, as described below. Vibration displacements shall be measured with an instrument capable of simultaneously measuring in three mutually perpendicular directions. The maximum permitted displacements shall be determined in each zoning district by the following formula:
D | = | K/f, where D = displacement in inches | |
|---|---|---|---|
K | = | a constant to be determined by reference to the tables below | |
f | = | the frequency of vibration transmitted through the ground, cycles per second |
F.
Standards in the General Industrial District. In the General Industrial District, the maximum earth displacement permitted at the points described below shall be determined by use of the formula above and the appropriate K constant shown in the table below.
Location | K | ||
|---|---|---|---|
On or beyond any adjacent lot line | |||
Continuous | 0.015 | ||
Impulsive | 0.030 | ||
Less than 8 pulses per 24-hour period | 0.075 | ||
On or beyond any residence district boundary line | |||
Continuous | 0.003 | ||
Impulsive | 0.006 | ||
Less than 8 pulses per 24-hour period | 0.015 | ||
G.
Standards in the Heavy Industrial District. In the Heavy Industrial District, the maximum earth displacement permitted at the points described below shall be determined by use of the formula above and the appropriate K constant shown in the table below.
Location | K | ||
|---|---|---|---|
On or beyond any adjacent lot line | |||
Continuous | 0.030 | ||
Impulsive | 0.060 | ||
Less than 8 pulses per 24-hour period | 0.150 | ||
On or beyond any residence district boundary line | |||
Continuous | 0.003 | ||
Impulsive | 0.006 | ||
Less than 8 pulses per 24-hour period | 0.015 | ||
H.
Standards in the Planned Industrial District. In the Planned Industrial District, the maximum earth displacement permitted at the points described below shall be determined by use of the formula above and the appropriate K constant shown in the table below.
Location | K | ||
|---|---|---|---|
On or beyond any residence district boundary line | |||
Continuous | 0.003 | ||
Impulsive | 0.006 | ||
Less than 8 pulses per 24-hour period | 0.015 | ||
§ 250-92 Noise standards.
A.
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 general welfare of the public.
B.
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.
C.
Requirements. All noise shall be muffled so as not to be objectionable due to intermittence, beat frequency or shrillness. In no event shall the sound-pressure level of noise radiated continuously from a facility exceed at the lot line of the subject property the values given in Table 250-92C(1) (set out hereafter), as measured by, at the minimum, a Type 2 sound meter that is in compliance with ANSI standard S1.4-1983, where said lot abuts property within any residential, office, commercial zoning district, or the Planned Industrial (PI) District. (See § 250-17.)
Table 250-92C(1): Maximum Permitted Noise Level at Lot Line for Noise Radiated Continuously* | ||
|---|---|---|
Zoning District | Increase in Noise Level over Ambient Level | |
RH, SR-2, SR-3, SR-4, TR-6, MR-8, MR-10 | Plus 3 dBA | |
NO, PO, PB, NB, GB, CB, PI | Plus 5 dBA | |
GI, HI | Plus 8 dBA | |
* | If the noise is not smooth and continuous or is present only during daytime hours, one or more of the corrections in Table 250-92C(2) below shall be added to or subtracted from each of the decibel levels given above in Table 250-92C(1). |
Table 250-92C(2): Adjustment Factors for Maximum Noise Levels | ||
|---|---|---|
Type of Operation in Character of Noise | Correction in Decibels | |
Daytime operation only | Plus 5 | |
Noise source operates less than 20% of any one-hour period | Plus 5* | |
Noise source operates less than 5% of any one-hour period | Plus 10* | |
Noise source operates less than 1% of any one-hour period | Plus 15* | |
Noise of impulsive character (hammering, etc.) | Minus 5 | |
Noise of periodic character (hum, speech, etc.) | Minus 5 | |
* | Apply only one of these corrections. |
D.
Noises that were in effect as of the effective date of this chapter shall be considered legal nonconforming noises. The burden of proof to demonstrate that said noises were in effect prior to the effective date of this chapter shall be the responsibility of the noise producer.
§ 250-93 Air pollution standards.
A.
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 general welfare of the public.
B.
Applicability. The requirements of this section apply to all land uses and activities, except that these standards shall not apply to air pollution created during the construction of the principal use on the subject property or by incidental traffic, parking, loading or maintenance operations.
C.
Standards.
(1)
The emission from all sources within any lot of particulate matter containing a particle diameter larger than 44 microns is prohibited.
(2)
Emission of smoke or particulate matter of density equal to or greater than Number 2 on the Ringelmann Chart (US Bureau of Mines) is prohibited at all times.
(3)
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.
(4)
All applicable state and federal standards.
§ 250-94 Odor standards.
A.
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 general welfare of the public.
B.
Applicability. The requirements of this section apply to all land uses and activities, except that these standards shall not apply to odors created during the construction of the principal use on the subject property or by incidental traffic, parking, loading or maintenance operations. Public landfills and public sanitary sewage treatment plants shall be exempted from the requirements of this section as essential public services.
C.
Standards. 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 is detectable (by a healthy observer such as the Zoning Administrator or a designee who is unaffected by background odors such as tobacco or food) at the boundary of the subject property where said lot abuts property within any residential, office, commercial zoning district, or the Planned Industrial (PI) District. (See § 250-17.)
§ 250-95 Electromagnetic radiation standards.
A.
Purpose. The purpose of this section is to regulate the creation of electromagnetic radiation which adversely affects adjoining properties in order to prevent the creation of nuisances and to promote the general welfare of the public.
B.
Applicability. The requirements of this section apply to all land uses and activities.
C.
Standards. It shall be unlawful to operate or cause to be operated any planned or intentional source of electromagnetic radiation for such purposes as communication, experimentation, entertainment, broadcasting, heating, navigation, therapy, vehicle velocity measurement, weather survey, aircraft detection, topographical survey, personal pleasure, or any other use directly or indirectly associated with these purposes which does not comply with the then current regulations of the Federal Communications Commission regarding such sources of electromagnetic radiation. Further, said operation in compliance with the Federal Communications Commission shall be unlawful if such radiation causes an abnormal degradation in performance of other electromagnetic radiators or electromagnetic receptors of quality and proper design because of proximity, primary field, blanketing, spurious radiation, harmonic content, modulation or energy conducted by power or telephone lines. The determination of "abnormal degradation in performance" and "of quality and proper design" shall be made in accordance with good engineering practices as defined in the latest principles and standards of the American Institute of Electrical Engineers, the Institute of Radio Engineers, and the Electronic Industries Association. In case of any conflict between the latest standards and principles of the above groups, the following precedence in the interpretation of the standards and principles shall apply: 1) American Institute of Electrical Engineers; 2) Institute of Radio Engineers; and 3) Electronic Industries Association.
§ 250-96 Glare and heat standards.
A.
Purpose. The purpose of this section is to regulate the creation of glare or heat which adversely affects adjoining properties in order to prevent the creation of nuisances and to promote the general welfare of the public.
B.
Applicability. The requirements of this section apply to all land uses and activities, except that these standards shall not apply to glare created during the construction of the principal use on the subject property or by incidental traffic, parking, loading or maintenance operations.
C.
Standards. No direct or sky-reflected glare, whether from floodlights or from temperature processes such as combustion or welding or otherwise, so as to be visible at the lot line of the subject property shall be permitted. (See also § 250-90.) Furthermore, there shall be no transmission of heat or heated air so as to be discernible (by a healthy observer such as the Zoning Administrator or a designee) at the lot line. Solar systems regulated by § 66.03, Wis. Stats.,[1] shall be entitled to the protection of its provisions.
[1]
Editor's Note: See now § 66.0401, Wis. Stats., for regulations relating to solar systems.
§ 250-97 Fire and explosion standards.
A.
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 general welfare of the public.
B.
Applicability. The requirements of this section apply to all land uses and activities.
C.
Standards. Any use involving materials which could decompose by detonation shall locate such materials not less than 400 feet from any residential or office zoning district (see § 250-17), 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 fire-fighting devices in accordance with all fire prevention codes of the State of Wisconsin.
§ 250-98 Toxic or noxious material standards.
A.
Purpose. The purpose of this section is to regulate the handling of toxic or noxious material which adversely affects adjoining properties in order to prevent the creation of nuisances and to promote the general welfare of the public.
B.
Applicability. The requirements of this section apply to all land uses and activities.
C.
Standards.
(1)
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 the property or business.
(2)
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.
§ 250-99 Waste material standards.
A.
Purpose. The purpose of this section is to regulate the handling of waste material which adversely affects adjoining properties in order to prevent the creation of nuisances and to promote the general welfare of the public.
B.
Applicability. The requirements of this section apply to all land uses and activities.
C.
Standards.
(1)
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 the property or business.
(2)
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 Natural Resources.
§ 250-100 Drainage standards.
A.
Purpose. The purpose of this section is to regulate the creation of drainage which adversely affects adjoining properties in order to prevent the creation of nuisances and to promote the general welfare of the public.
B.
Applicability. The requirements of this section apply to all land uses and activities.
C.
Standards. No land shall be developed and no use shall be permitted that results in water runoff which is greater than that which existed prior to development or causes property damage, a nuisance and/or erosion on adjacent properties. Such runoff shall be properly conveyed to a public storm drain, drainageway or other such public drainage facility per the approval of the Village Engineer or the Director of Public Works. All parking lots 4,000 square feet or larger shall be internally drained with catch basins connected to a municipal storm sewer.
§ 250-101 Exterior construction material standards.
A.
Purpose. The purpose of this section is to regulate the use of certain exterior construction materials so as to attain a degree of uniformity in exterior appearance and thus maintain and enhance the attractiveness and property value of certain zoning districts.
B.
Applicability. The requirements of this section apply to all land uses and activities.
C.
Standards for all residential, office, commercial and the PI zoning districts.
(1)
Except for exposed foundations not to exceed three feet in height from the adjacent grade, all non-single-family development located within the RH, SR-2, SR-3, SR-4, TR-6, MR-8, MR-10, NO, PO, NB, PB, GB, CB and PI 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 visible from adjacent residentially zoned property;
(b)
Any portion of the building or structure located within 50 feet of a public right-of-way; or
(c)
Any other portion of the building or structure visible from a public street and/or situated at an angle of 60° or less from a line which is parallel to the nearest right-of-way (for uncurved rights-of-way) or from a line which is parallel to a chord connecting the right-of-way boundary on the inside side of the curve at points located at or opposite from the two outer boundaries of the subject property along the right-of-way line (for curved rights-of-way).
(2)
The following exterior construction materials shall not be considered "high quality, decorative": nondecorative concrete block or cinder block; nondecorative concrete foundation walls or panels; corrugated or other metal with exposed fasteners; nondecorative plywood; asphaltic siding, or other materials using exposed fastener systems or nondecorative surfaces, as determined by the Plan Commission.
D.
Trademark architecture shall not be permitted.
§ 250-102 Hazardous materials standards.
A.
Purpose. The purpose of this section is to provide information to the Village regarding the nature of land uses which involve research, production, storage, disposal, handling, and/or shipment of hazardous materials.
B.
Applicability. The requirements of this section apply to all land uses and activities involving any one or more of the following:
(1)
Microorganism cultures subject to § 94.65, Wis. Stats.
(2)
Pesticides subject to § 94.67(25), Wis. Stats.
(3)
Biological products subject to § 95.39, Wis. Stats.
(4)
Hazardous substances subject to § 100.37(1)(c), Wis. Stats.
(5)
Toxic substances subject to § 101.58(2)(j), Wis. Stats.
(6)
Infectious agents subject to § 101.58(2)(f), Wis. Stats.
(7)
Any material for which the State of Wisconsin requires notification of a local fire department.
(8)
Any other uses, activities or materials which are subject to county, state or federal hazardous or related materials regulations.
§ 250-103 Fencing standards.
A.
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 welfare of the public.
B.
Applicability. The requirements of this section apply to all fencing, landscape walls and decorative posts equal to or exceeding 30 inches in height for all land uses and activities.
C.
Standards.
(1)
Materials.
(a)
Residential districts. Acceptable materials for constructing fencing, landscape walls, and decorative posts include wood, stone, brick, wrought iron, chain link, and wire mesh, except that wire mesh fencing is not permitted within required front yard or street yard areas. Any fence within a street yard, including along property lines which intersect a right-of-way, shall be a maximum of sixty-percent opaque.
(b)
Nonresidential districts. Acceptable materials for constructing fencing, landscape walls, and decorative posts include wood, stone, brick, wrought iron, chain link, and wire mesh. Barbed wire fencing shall not be permitted. Any fence within a street yard, including along property lines which intersect a right-of-way, shall be a maximum of sixty-percent opaque.
(c)
Temporary fencing. Temporary fencing, including the use of wood or plastic snow fences for the purposes of limiting snow drifting between November 1 and April 1, protection of excavation and construction sites, and the protection of plants during grading and construction, is permitted for up to 180 consecutive days and no more than 180 consecutive days per calendar year.
(d)
Snow fences. Snow fences constructed of wood and wire and/or plastic shall be permitted only as temporary fences.
(2)
Location. On all properties, no fence, landscape wall, or decorative post shall be located closer than two feet to the front yard or street yard line. Fences may be located on the owner's side of any property line abutting a side or rear yard.
[Amended 5-1-2003 by Ord. No. 05-03]]
(3)
Maximum height. The maximum height of any fence, landscape wall, or decorative post shall be the following:
(a)
Fences in excess of 36 inches tall shall not be permitted within a front yard setback;
(b)
Six feet when located on any residentially zoned property but not within a required front yard setback or a required street yard setback; and
(c)
Eight feet when located on any nonresidentially zoned property but not within a required front yard or a required street yard, except that security fences may exceed this height.
(4)
Orientation. 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.
(5)
Maintenance. Any and all fences, landscape walls, or decorative posts shall be maintained in a structurally sound and attractive manner.
(6)
Swimming pools. Fencing for swimming pools shall be provided per the Model Swimming Pool Enclosure Code established by the National Spa and Pool Institute (NSPI), which is available from the Village Hall.
§ 250-104 Signal-receiving antennas (satellite dishes) standards.
A.
Purpose. This section regulating the placement of signal-receiving antennas (including roof-mounted antennas which are greater than 15 feet and satellite dishes which are greater than 18 inches) is adopted to:
(1)
Provide uniform regulation of all signal-receiving antenna devices;
(2)
Secure placement of such antennas in an aesthetically sensitive manner while allowing users reasonable reception of signals;
(3)
Protect the public from injury from antennas that are inadequately mounted, unduly susceptible to wind pressure, improperly installed and wired, or are placed on structures insufficiently designed or constructed to safely support the antenna; and
(4)
Provide for placement of such antennas in locations that preserve access to rear property areas by fire-fighting apparatus and emergency personnel.
B.
Permit required. No owner shall, within the Village of Johnson Creek, build, construct, use or place any type of signal-receiving antenna until a permit shall have first been obtained from the Zoning Administrator.
C. OWNER SIGNAL-RECEIVING ANTENNA
Definitions. As used in this section, the following terms shall have the meanings indicated:
The holder of record of an estate in possession of fee simple or for life in land or real property, or a vendee of record under a land contract for the sale of an estate in possession in fee simple or for life, but does not include the vendor under a land contract. A tenant in common or a joint tenant shall be considered such owner to the extent of his interest. The personal representative of at least one owner shall be considered an owner.
Any apparatus capable of receiving communications from a transmitter or a transmitter relay located in a planetary orbit. This definition includes all types of signal-receiving antennas, including, without limitation, parabolic antennas, home earth stations, satellite television disks, UHF and VHF television antennas, and AM, FM, ham and short-wave radio antennas, regardless of the method of mounting.
D.
Application. Application for a signal-receiving antenna permit shall be made in writing to the Zoning Administrator. With such application, there shall be submitted a fee (see § 250-138) and a sufficient set of mounting plans and specifications, including a general plot plan showing the location of the proposed signal-receiving antenna with respect to streets, lot lines and buildings. If such application meets all requirements of this section, the application shall be approved.
E.
Installation standards. Signal-receiving antennas installed in any zoning district within the Village shall comply with the following provisions:
(1)
Setbacks.
(a)
Any signal-receiving antenna and its mounting post shall be located a minimum of 10 feet from any property line.
(b)
Subject to the provisions herein, signal-receiving antennas shall only be located in the rear yard of any lot. If reasonable reception of signals is not possible with a rear yard placement due to the physical characteristics of the lot and area, the signal-receiving antenna shall be placed in the side yard of the lot. In the event that reasonable reception of signals is not possible by locating the signal-receiving antenna on the rear or side yard of the property, such antenna may be placed in the front yard or on the roof of structures on the property. For corner lots, a side yard is only a yard that does not face a street.
(c)
If side yard, front yard or roof mounting is requested, the Zoning Administrator shall determine where reasonable reception is possible, based on evidence provided by the person seeking to erect or construct the antenna.
(2)
Mounting. Signal-receiving antennas attached to the wall or roof of any principal or accessory structure shall be permitted only if the structure is properly constructed to carry all imposed loading and complies with applicable state and local building code requirements. The Zoning Administrator may require engineering calculations.
(3)
Diameter. The diameter of the signal-receiving antenna shall not exceed 15 feet in diameter for commercial uses or 10 feet in diameter for residential uses, except for systems used to provide community antenna television services.
(4)
Height.
(a)
A ground-mounted signal-receiving antenna, including any platform or structure upon which said antenna is mounted or affixed, may not exceed 18 feet in height, as measured from the ground to the highest point of the dish.
(b)
A roof-mounted antenna may not exceed 15 feet in height above the surrounding roofline as measured from the lowest point of the existing roofline.
(c)
A ground-mounted or roof-mounted signal-receiving antenna mounted or affixed to any municipal property is exempt from the height provisions, provided that the antenna is used for communications necessary to protect public safety. Co-location of antennas on a single structure is recommended and permitted where possible.
[Added 6-11-2012 by Ord. No. 01-12]
(5)
Wind pressure. All signal-receiving antennas shall be permanently mounted in accordance with the manufacturer's specifications for installation. All such installations shall meet a minimum wind load design velocity of 80 miles per hour.
(6)
Electrical installations. Electrical installations in connection with signal-receiving antennas, including grounding of the system, shall be in accordance with the National Electrical Safety Code, Wisconsin State Electrical Code and the instructions of the manufacturer. In cases of conflict, the stricter requirements shall govern. All cable used to conduct current or signals from the signal-receiving antenna to the receivers shall be installed underground unless installation site conditions preclude underground. If a signal-receiving antenna is to be used by two or more residential property owners, all interconnecting electrical connections, cables and conduits must also be buried. The location of all such underground lines, cables and conduits shall be shown on the application for a permit. All signal-receiving antennas shall be grounded against direct lightning strikes.
(7)
Temporary placement. No portable or trailer-mounted signal-receiving antenna shall be allowed, except for temporary installation for on-site testing and demonstration purposes for periods not exceeding five days. However, such trial placement shall be in accordance with all provisions of this section. Failure to comply shall result in a citation being issued for violation of this section. Any person making such temporary placement shall first give written notice to the Zoning Administrator of the date when such placement shall begin and end.
(8)
Advertising. No form of advertising or identification, sign or mural is allowed on the signal-receiving antenna other than the customary manufacturer's identification plates.
(9)
Interference with broadcasting. Signal-receiving antennas shall be filtered and/or shielded so as to prevent the emission or reflection of any electromagnetic radiation that would cause any harmful interference with the radio and/or television broadcasting or reception on adjacent properties. In the event that harmful interference is caused subsequent to its installation, the owner of the signal-receiving antenna shall promptly take steps to eliminate the harmful interference in accordance with Federal Communications Commission regulations.
(10)
Compliance with federal regulations. The installation and use of every signal-receiving antenna shall be in conformity with the Federal Cable Communications Policy Act of 1984 and regulations adopted thereunder.
(11)
Aesthetic considerations. Signal-receiving antennas shall be located and designed to reasonably reduce visual impact from surrounding properties at street level.
F.
Enforcement.
(1)
It shall be unlawful to construct, use, build or locate any signal-receiving antenna in violation of any provisions of this section. In the event of any violation, the Village Board or any property owner who would be specifically damaged by such violation may institute appropriate action or proceedings to enjoin a violation of this section.
§ 250-105 Wind energy systems standards.
A.
Construction of wind energy systems. No person shall construct or operate a wind energy conversion system (WECS) without having fully complied with the provisions of this section.
C.
Application requirements. An application for a permit to build a wind energy system shall include the following:
(1)
The property lines of the proposed site of construction.
(2)
Proposed location of the WECS.
(3)
Location and description of all structures located on the property where the WECS site is proposed.
(4)
Location of all aboveground utility lines within a radius equal to two times the height of the proposed WECS.
(5)
Location of all underground utility lines on the property where a WECS 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 WECS, including all existing and proposed electrical connections.
(8)
Manufacturer's specifications and installation and operation instructions or specific WECS design information.
(9)
Certification by a registered professional engineer that the tower design is sufficient to withstand wind load requirements for structures as defined by the Uniform Building Code.
D.
Blade clearance. The minimum distance between the ground and any protruding blade(s) utilized on a WECS shall be 15 feet, as measured at the lowest point of the are of the blades. The minimum distance shall be increased as necessary to provide for vehicle clearance in locations where oversized vehicles might travel.
E.
Climbing towers; tower access. Access to towers shall be controlled by fences six feet in height around the tower and anticlimbing devices. Existing local regulations regarding attractive nuisances shall cover wind systems as well. A sign indicating shock hazard shall be placed on the tower. Such sign shall state: "Warning. Electrical shock hazard. No unauthorized persons on tower. No trespassing." Cables, ropes or wires used to secure the WECS shall be appropriately marked to prevent accidental bodily harm.
F.
Tower construction. Tower construction shall be in accordance with all applicable sections of the Wisconsin State Building Code, including, but not limited to, §§ Comm 50.12, 53.10, 53.12, 62.37, 62.38, 62.39, 62.40, 62.41, Wis. Adm. Code, and any future amendments, additions and/or revisions to the same.
G.
Utility interconnection. The WECS, if interconnected to a utility system, shall meet the requirements for interconnection and operate as set forth in the electrical utility's then-current service regulations applicable to WECS; these standards are subject to review by the Public Service Commission.
H.
Setback requirements:
I.
Noise. During all operations, from commencement through abandonment, all noise and vibrations shall conform with the requirements of the Village of Johnson Creek Code.
J.
Interference with navigational systems. No WECS shall be installed or operated in such a manner that is not in compliance with Federal Aviation Administration regulations.
K.
Electrical distribution lines. All WECS electrical distribution lines shall be located underground.
L.
Required safety features.
(1)
The WECS 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.
(2)
The WECS 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.
(3)
The WECS shall be designed with an automatic control to render the system inoperable in case of loss of utility power to prevent the WECS from supplying power to a de-energized electrical distribution system.
(4)
Any WECS declared to be unsafe by the Zoning Administrator 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 Village of Johnson Creek Code.
M.
Maintenance. The Zoning Administrator or his representative shall have the right, at any reasonable time, to enter, in the company of the owner or his agent, the premises on which a WECS has been constructed to inspect all parts of said WECS's installation and require that repairs or alterations be made within 30 days if, in his judgment, there exists a deficiency in the structural stability of the system.
N.
Inspections. A yearly inspection at a fee to be determined from time to time by resolution of the Village Board shall be made by the Zoning Administrator to certify the safety and maintenance of the WECS and accessory structures.
§ 250-106 Swimming pools standards.
A.
Definition. A "swimming pool" is a body of water or an outdoor structure containing a body of water in a receptacle or other container having a depth for water at any point greater than 1 1/2 feet, located above or below the surface of ground elevation, installed in such a manner that the pool will remain in place as a fixture throughout the full year and will be considered as a permanent or semipermanent structure on the land. The term 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.
B.
Exempt pools. 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 they may be readily disassembled for storage and reassembled to their original integrity, are exempt from the provisions of this section.
C.
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 Building Inspector. Plans and specifications and pertinent explanatory data should be submitted to the Building Inspector 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. The required building permit fee pursuant to the Village Building Code shall accompany such application.[1]
D.
Construction requirements. In addition to such other requirements as may be reasonably imposed by the Building Inspector, the Building Inspector shall not issue a permit for construction, as provided for in Subsection C above, unless the following construction requirements are observed:
(1)
Approved materials. 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 codes and with any and all ordinances of the Village now in effect or hereafter enacted.
(2)
Plumbing. All plumbing work shall be in accordance with all applicable ordinances of the Village 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 or onto lands of other property owners.
(3)
Electrical installations. 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 Village ordinances regulating electrical installations.
E.
Setbacks and other requirements.
(1)
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.
(2)
All swimming pools shall be at least 10 feet from any lot line or building unless designed and approved as an addition to a building.
F.
Enclosure.
(1)
Fence; in-ground pools. All outdoor, in-ground swimming pools 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 design and material that it can be securely fastened in place and sustain the weight of a person weighing 250 pounds. Such cover or protective device shall be securely fastened in place whenever the pool is not in use. Such fence or wall shall not be less than four feet in height completely enclosing the pool with no opening therein (other than doors or gates) larger than three inches square. All gates or doors opening through the enclosure shall be kept securely closed and locked at all times when not in actual use and shall be equipped with a self-closing and self-latching device designed to keep and be capable of keeping such door or gate securely locked at all times when not in actual use.
[Amended 11-14-2005 by Ord. No. 20-05]
(2)
Aboveground pools; pool wall barrier.
(a)
An approved barrier shall consist of a solid wall of durable material of which the pool itself is constructed and shall extend directly above the vertical water-enclosing wall of the pool. Such walls shall extend more than three feet above the level of the ground immediately adjacent to the pool. Such a solid pool-wall barrier shall not be located within six feet of any other wall or fence or other structure which can be readily climbed by children. Every entrance to a pool, such as a ladder, must be secured or adequately safeguarded to prevent unauthorized entry into the pool.
(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 a minimum of 36 inches high on the top.
G.
Compliance. All swimming pools existing at the time of passage of this chapter not satisfactorily fenced shall comply with the fencing requirements of this section or when water is placed in the pool. Enclosures on existing pools shall be inspected by the Building Inspector for compliance. Variations in enclosure requirements that do not adversely affect the safety of the public may be approved.
H.
Draining and approval thereof. No private swimming pool shall be constructed so as to allow water therefrom to drain into any sanitary sewer 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.
I.
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.
J.
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.
§ 250-107 Outdoor storage of firewood standards.
A.
No person shall store firewood in the front yard on residentially zoned property, except that firewood may be temporarily stored in the front yard for a period of 30 days from the date of its delivery.
B.
Firewood should be neatly stacked and may not be stacked closer than five feet to any lot line and not higher than six 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 and shall not be allowed to remain on the premises.
D.
Woodpiles that contain diseased wood that is capable of transmitting disease to healthy trees and woodpiles 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% of the side and rear yard may be used for storage of firewood at any one time.
§ 250-108 Design requirements for large developments.
All new institutional, commercial and office developments exceeding 5,000 square feet of gross floor area shall be considered "group developments" and shall comply with all requirements of § 250-47. All uses classified as group developments require a conditional use permit per § 250-124. These conditions shall also be applied to all building additions to existing buildings which bring the total buildings size to over 5,000 gross square feet. Such conditions shall apply to both new development and to portions of development prior to the adoption of this chapter. This five-thousand-square-foot limit shall apply to individual freestanding buildings and to multiple-building developments in which the combined total of all structures within a development (regardless of diverse lotting, use or tenancy) combine to more than 5,000 gross square feet.
§ 250-109 Administration and enforcement of performance standards.
A.
Determinations necessary for administration and enforcement of performance standards set forth herein range from those which can be made with satisfactory accuracy by a reasonable person using normal senses and no mechanical equipment to those requiring great technical competence and complex equipment for precise measurement. It is the intent of this chapter that:
(1)
Where determinations can be made by the Zoning Administrator using equipment normally available to the Village or obtainable without extraordinary expense, such determinations shall be so made before notice of violations is issued.
(2)
Where technical complexity or extraordinary expense makes it unreasonable for the Village to maintain the personnel or equipment necessary for making difficult or unusual determinations, procedures shall be available for causing corrections or apparent violations of performance standards, for protecting individuals from arbitrary, capricious and unreasonable administration and enforcement of performance standard regulations, and for protecting the general public from unnecessary costs for administration and enforcement.
(a)
The Zoning Administrator shall give written notice, by certified mail or other means, ensuring a signed receipt for such notice, to the person or persons responsible for the alleged violations. The notice shall describe the particulars of the alleged violation and the reasons why the Zoning Administrator believes there is a violation in fact and shall require an answer or correction of the alleged violation to the satisfaction of the Zoning Administrator.
(b)
The notice shall state and it is hereby declared that failure to reply or to correct the alleged violation to the satisfaction of the administrative official within the time limit set constitutes admission of violation of the terms of this chapter. The notice shall further state that, upon request of those to whom it is directed, technical determination as described in this chapter will be made, and that if violations as alleged are found, costs of such determinations shall be charged against those responsible for the violation, in addition to such other penalties as may be appropriate, but that if it is determined that no violation exists, the cost of the determination will be paid by the Village.