Wales Village City Zoning Code
ARTICLE IX
Performance Standards
§ 435-73 Purpose; compliance required.
This chapter permits specific uses in specific districts, and these performance standards are designed to limit, restrict, and prohibit the effects of those uses outside their premises or district. All structures, lands, air, and waters shall hereafter, in addition to their use and site regulations, comply with the following performance standards.
§ 435-74 Air pollution.
No person or activity shall emit any fly ash, dust, fumes, vapors, mists, or gases in such quantities so as to substantially contribute to exceeding established state or federal air pollution standards or constitute a nuisance to surrounding property owners. Dust and other types of pollution borne by the wind from such sources as storage areas, yards, streets, and the like within lot boundaries shall be kept to a minimum by appropriate landscaping, paving, fencing, watering, or other acceptable means.
§ 435-75 Fire and explosive hazards.
All activities involving the manufacturing, utilization, processing, or storage of flammable and explosive materials shall provide adequate safety devices against the hazard of fire and explosion and adequate fire-fighting and fire-suppression equipment and devices that are standard in the industry. All materials that range from active to intense burning shall be manufactured, utilized, processed, and stored only in completely enclosed buildings which have incombustible exterior walls and an automatic fire-extinguishing system. The aboveground storage capacity of materials that produce flammable or explosive vapors shall not exceed a combined total of 1,000 gallons, unless approved by the Village Board after a recommendation by the Plan Commission, and shall meet all applicable local, state, and federal regulations, including the National Fire Protection Association (NFPA) codes.
§ 435-76 Glare and heat.
No activity shall emit glare or heat that is visible or measurable outside its premises except activities which may emit direct or sky-reflected glare which shall not be visible outside their district. All operations producing intense glare or heat shall be conducted within a completely enclosed building. Exposed sources of light shall be shielded so as not to be visible outside their premises.
§ 435-77 Water quality protection.
No activity shall locate, store, discharge, or permit the discharge of any treated, untreated, or inadequately treated liquid, gaseous, or solid materials of such nature, quantity, obnoxiousness, toxicity, or temperature that might run off, seep, percolate, or wash into surface or subsurface waters so as to contaminate, pollute, or harm such waters or cause nuisances such as objectionable shore deposits, floating or submerged debris, oil or scum, color, odor, taste, or unsightliness or be harmful to human, animal, plant, or aquatic life. In addition, no activity shall withdraw water or discharge any liquid or solid materials so as to exceed, or contribute toward the exceeding of, the minimum standards set forth in Ch. NR 102, Wis. Adm. Code.
§ 435-78 Noise.
A.
No activity in an M-1 District shall produce a sound level outside its premises that exceeds the following:
Octave Band Frequency (cycles per second) | Sound Level (decibels) | |
|---|---|---|
0 to 75 | 72 | |
75 to 150 | 67 | |
150 to 300 | 59 | |
300 to 600 | 52 | |
600 to 1,200 | 46 | |
1,200 to 2,400 | 40 | |
2,400 to 4,800 | 34 | |
Above 4,800 | 32 |
B.
All noise shall be so muffled or otherwise controlled as not to become objectionable due to intermittence, duration, beat frequency, impulse character, periodic character, or shrillness.
C.
All sirens, whistles, and bells which are maintained and utilized solely to serve a public purpose are exempt from the sound level standards of this section.
§ 435-79 Odors.
No activity shall emit any odorous matter of such nature or quantity as to be offensive, obnoxious, or unhealthful outside its premises. The guide for determining odor measurement and control shall be § NR 429.03, excluding § NR 429.03(2)(b), Wis. Adm. Code, and the Village of Wales shall conduct such investigations instead of the Wisconsin Department of Natural Resources.
§ 435-80 Radioactivity and electrical disturbances.
No activity shall emit radioactivity or electrical disturbances outside its premises that are dangerous or adversely affect the use of neighboring premises. All applicable state and federal regulations shall be complied with.
§ 435-81 Vibration.
No activity in any district shall emit vibrations outside its premises which are discernible without instruments. No activity shall emit vibrations which exceed the following displacement measured with a three-component measuring system:
Displacement (inches) | ||
|---|---|---|
Frequency (cycles per second) | Outside the Premises | Outside the District |
0 to 10 | 0.0020 | 0.0004 |
10 to 20 | 0.0010 | 0.0002 |
20 to 30 | 0.0006 | 0.0001 |
30 to 40 | 0.0004 | 0.0001 |
40 to 50 | 0.0003 | 0.0001 |
50 and over | 0.0002 | 0.0001 |
§ 435-82 Illumination standards.
It is the intent of this section to define practical and effective measures by which the obtrusive aspects of excessive and/or careless outdoor light usage can be minimized, while preserving safety, security, and the nighttime use and enjoyment of property. These measures will curtail the degradation of the nighttime visual environment by encouraging lighting practices that direct appropriate amounts of light where and when it is needed, increasing the use of energy-efficient sources and decreasing excess light and glare resulting from overlighting and poorly shielded or inappropriately directed lighting fixtures. All outdoor illuminating devices shall be installed in accordance with the provisions of this chapter, the building code, and the electrical code of the Village of Wales as applicable and under appropriate permit and inspection.[1]
A.
Applicability.[2]
(1)
New uses, buildings, and major additions or modifications. For all proposed new land uses, developments, buildings and structures that require a permit, that are submitted to the Village for approval after the effective date of this chapter, all outdoor lighting fixtures shall meet the requirements of this chapter. All building additions or modifications of 25% or more in terms of additional dwelling units, gross floor area, or parking spaces, either with a single addition or with cumulative additions made subsequent to the effective date of this provision, shall invoke the requirements of this chapter for the entire property, including previously installed and any new outdoor lighting. Cumulative modification or replacement of outdoor lighting constituting 25% or more of the permitted lumens for the parcel, no matter the actual amount of lighting already on a nonconforming site, shall constitute a major addition for purposes of this section.
(2)
Minor additions. All building additions or modifications of less than 25% in terms of additional dwelling units, gross floor area, or parking spaces, either with a single addition or with cumulative additions made subsequent to the effective date of this provision, shall constitute a minor addition for purposes of this section.
(3)
Resumption of use after abandonment. If a property or use with nonconforming lighting is abandoned for a period of three months (excluding temporary or short-term interruptions for the purpose of remodeling, maintaining, improving, or rearranging a facility), then all outdoor lighting shall be reviewed and brought into compliance with this chapter before the use is resumed.
(4)
Public streets. Lighting for public streets installed by or on behalf of a unit of government and that is repaired and maintained by a unit of government is exempt from the provisions of this chapter.
B.
Shielding and outdoor lighting standards.
(1)
Nonresidential.
(a)
All nonexempt outdoor lighting fixtures shall be fully shielded.
(b)
All nonexempt outdoor lighting fixtures shall be placed so as to not cause light trespass or light glare.
(c)
All nonexempt outdoor lighting fixtures shall be of a type and placed so as to not allow any light above the horizontal, as measured at the luminaire.
(d)
Flood or spot lamps must be aimed no higher than 45° above straight down (halfway between straight down and straight to the side) when the source is visible from off site a commercial property or from a public roadway.
(e)
All nonexempt outdoor lighting fixtures on poles shall not exceed a height of 20 feet measured from the fixture lens to the ground level. The Plan Commission may permit a higher height in exceptional circumstances based on the size and topography of the site and compatibility with surrounding uses.
(f)
All lighting for commercial, industrial, and any other nonresidential use shall be extinguished between 11:00 p.m. (or when the business closes, whichever is later) and sunrise except for designated security lighting. Security lighting shall be reviewed by the Plan Commission for recommendation to the Village Board.
(g)
All light fixtures that are required to be shielded shall be installed and maintained in such a manner that the shielding functions effectively as described herein for fully shielded fixtures.
(h)
Beyond the shielding requirements of this chapter, all light fixtures shall be located, aimed, or shielded so as to minimize stray light trespassing across property boundaries. The maximum footcandles at property lines shall not exceed 0.5 footcandle (fc). The maximum footcandles at sidewalks and driveway aprons or entryways in street rights-of-way shall not exceed five fc.
(i)
Commercial, industrial, or business uses shall not exceed 70,000 lumens per acre.
(j)
Lighting for multiple uses must conform to the shielding and timing restrictions, if any, which apply to the most restrictive included use.
(2)
Residential.
(a)
All nonexempt outdoor lighting fixtures shall be placed so as to not cause light trespass or light glare.
(b)
Flood or spot lamps must be aimed no higher than 45° above straight down (halfway between straight down and straight to the side) when the source is visible from off site a residential property or from a public roadway.
(c)
All nonexempt outdoor lighting fixtures on poles shall not exceed a height of 20 feet measured from the fixture lens to the ground level. The Plan Commission may permit a higher height in exceptional circumstances based on the size and topography of the site and compatibility with surrounding uses.
(d)
Any lamp installed on a residential property that is visible from another residential property shall be located, aimed, or shielded so as to minimize stray light trespassing across property boundaries. The maximum footcandles at property lines shall not exceed 0.5 footcandle (fc). The maximum footcandles at sidewalks and driveway aprons or entryways in street rights-of-way shall not exceed five fc.
(e)
Each residential single-family home or duplex is allowed up to 5,500 total lumens of nonexempt lighting per acre.
(f)
Beyond the shielding requirements of this chapter, all light fixtures shall be located, aimed, or shielded so as to minimize stray light trespassing across property boundaries.
C.
Outdoor advertising signs.
(1)
External illumination for signs shall conform to all provisions of this chapter. All upward-directed sign lighting is prohibited.
(2)
Internally illuminated and neon signs.
(a)
Outdoor internally illuminated advertising signs must be constructed either with an opaque background and translucent text and symbols or with a colored background and generally lighter text and symbols. Consideration may be entertained for standard corporate signage. Lamps used for internal illumination of such signs shall not be counted toward the lumen cap.
(b)
Neon signs shall be treated as internally illuminated signs for the purposes of this chapter and shall not have their luminous outputs counted toward the lumen cap. Neon lighting extending beyond the area considered to be the sign area shall conform to all provisions of this chapter. In particular, such lighting shall be treated as decorative lighting and shall conform to the lumen cap.
(c)
Other internally illuminated panels or decorations not considered to be signage according to Article VI (such as illuminated canopy margins) shall be considered decorative lighting and shall be subject to the standards applicable to such lighting, including but not limited to the lamp source, shielding standards, and lumens per acre property cap.
(3)
Illumination for all advertising signs, both externally and internally illuminated, shall be turned off between 11:00 p.m. (or when the business closes, whichever is later) and sunrise. Signs subject to curfews are required to have functioning and properly adjusted automatic shutoff timers. Light-background internally illuminated signs installed legally before enactment of this chapter may continue to be used and illuminated but must conform to the curfew.
D.
Special uses.
(1)
Recreational facilities.
(a)
Lighting for outdoor athletic fields, courts, or running tracks operated as part of a public park or part of a publicly owned facility such as a public school or Village Hall shall be exempt from the lumens limits of this chapter.
(b)
Fully shielded lighting is required for fields designed for Class III or IV levels of play (typically amateur or municipal league, elementary to high school, training, recreational, or social levels). Facilities designed for Class I and II levels of play (typically college, semiprofessional, professional, or national levels) shall utilize luminaires with minimal up-light, consistent with the illumination constraints of the design. Where fully shielded fixtures are not utilized, acceptable luminaires shall include those which:
(c)
All lighting installations shall be designed to achieve no greater than the minimal illuminance levels for the activity as recommended by the Illuminating Engineering Society of North America (IESNA) or a similar or successor association or organization.
(d)
Every such lighting system design and installation shall be certified by a registered engineer as conforming to all applicable restrictions of this chapter. The installation shall also limit off-site spill (off the parcel containing the sports facility) to the maximum extent possible consistent with the illumination constraints of the design. For Class III and IV levels, a design goal of five lux (0.5 fc) at any location on any nonresidential property and one lux (0.1 fc) at any location on any residential property, as measurable from any orientation of the measuring device, shall be sought. For Class I and II levels, a design goal of 7.5 lux (0.75 fc) at any location on any nonresidential property and 1.5 lux (0.15 fc) at any location on any residential property, as measurable from any orientation of the measuring device, shall be sought
(e)
All events shall be scheduled so as to complete all activity no later than 11:00 p.m. Illumination of the playing field, court, or track shall be permitted after the curfew due to unusual circumstances. Field lighting for these facilities shall be turned off within 30 minutes after conclusion of the last event of the night.
(2)
Outdoor display lots.
(a)
Lighting for display lots shall be exempt from the lumens per acre limits of this chapter.
(b)
All display lot lighting shall utilize fully shielded luminaires that are installed in a fashion that maintains the fully shielded characteristics.
(c)
The display lot shall be designed to achieve not greater than the minimal illuminance levels for the activity as recommended by the Illuminating Engineering Society of North America (IESNA) or a similar or successor association or organization.
(d)
The lighting of a display lot shall be limited to a maximum of 0.5 fc at all property lines as measurable from any orientation of the measuring device.
(e)
Every display lot lighting system design and installation shall be certified by a qualified registered engineer as conforming to all applicable restrictions of this chapter.
(3)
Building overhangs and canopies.
(a)
All luminaires mounted on or recessed into the underside of canopies and building overhangs shall be fully shielded and utilize flat lenses.
(b)
The total light output used for illuminating canopies, defined as the sum of all under-canopy initial bare-lamp outputs in lumens, shall not exceed 215 lumens per square meter (20 lumens per square foot) as measured at ground level. Luminaires mounted on the underside or recessed into the underside of the canopy and any lighting within signage or illuminated panels over fuel pumps are to be included at full initial lumen output of 70,000 lumens per acre.
(c)
The lumen output of lamps mounted on or within the underside of a canopy is included toward the lumen caps above according to the method defined above. Other lighting located under a canopy but not mounted on or within the underside is included toward the lumen caps at full initial output.
(4)
General. All lighting not directly associated with the special use areas above shall conform to the lighting standards described in this chapter, including but not limited to the lamp type and shielding requirements and the lumen limits.
E.
Submission of plans or plats and evidence of compliance with chapter.
(1)
Submission contents. The applicant for any permit required by any provision of Village ordinances in connection with proposed work involving outdoor lighting fixtures shall submit (as part of the application for permit) evidence that the proposed work will comply with this chapter. Even should no other such permit be required, the installation or modification (except for routine servicing and same-type lamp replacement) of any exterior lighting shall require submission of the information described below. The submission shall contain, but shall not be limited to, the following documents for Plan Commission and Village Board review:
(a)
Site plans drawn to scale showing the property lines and all new or existing structures on the property. The site plan shall indicate the location of all new and existing illuminating devices, including freestanding or building-mounted fixtures.
(b)
Fixture product data of all illuminating devices, proposed and existing, indicating fixtures, lamps and wattages, supports, reflector types, and manufacturer's photometric data showing the angle of cutoff of light emissions.
(c)
Site plan drawn to scale indicating the actual footcandle illumination at the ground surface plotted for each freestanding and building-mounted, new and existing, outdoor illumination device. Footcandles shall be plotted down to 0.1 fc and/or out to the property lines.
(d)
A summary of the total number of lumens of all proposed new and existing outdoor illuminating devices for the entire property.
(2)
Subdivision plats. If any subdivision proposes or is required to have installed street or other common or public area outdoor lighting, submission of the information as described herein shall be required for all such lighting.
(3)
Lamp or fixture substitution. Should any outdoor light fixture or the type of light source therein be changed after the permit has been issued, a change request must be submitted to the Plan Commission for its recommendation to the Village Board for approval, together with adequate information to assure compliance with this chapter, which must be received prior to substitution.
(4)
Plan review. If after the Plan Commission recommendation the Village Board determines that the proposed lighting does not comply with this chapter, the permit shall not be issued nor the plan approved.
F.
Approved material and methods of construction or installation/operation. The provisions of this chapter are not intended to prevent the use of any design material or method of installation or operation not specifically prescribed by this chapter, provided that any such alternate has been recommended by the Plan Commission and approved by the Village Board. The Plan Commission may recommend and the Village Board may approve any such proposed alternate, provided that said Commission or Board finds that it:
G.
Prohibitions.
(1)
Laser source light. The use of a laser source light or any similar high-intensity light for outdoor advertising or entertainment, when projected above the horizontal, is prohibited.
(2)
Searchlights. The operation of searchlights for advertising purposes is prohibited.
(3)
Outdoor advertising off-site signs. Illumination of outdoor advertising off-site signs is prohibited.
(4)
Distracting or nuisance lights. Flashing, flickering, and other lights that may distract motorists and those which create or become a public nuisance are prohibited.
H.
Temporary exemption.
(1)
Request, renewal, or information required. Any person may submit, on a form prepared by the Village of Wales, a temporary exemption request to the Plan Commission for recommendation to the Village Board. The request shall contain the following information:
(a)
Specific code exemption(s) requested.
(b)
Duration of requested exemption(s).
(c)
Proposed location on premises of the proposed light fixture(s).
(d)
Purpose of the proposed lighting.
(e)
Information for each luminaire and lamp combination as required herein.
(f)
Previous temporary exemptions, if any, and addresses of premises thereunder.
(g)
Such other data and information as may be required by the Plan Commission and the Village Board.
(2)
Approval and duration. A temporary exemption request shall be made in writing to the Plan Commission for recommendation to the Village Board. If approved by the Village Board, the exemption shall be valid for a designated period but shall not exceed 30 days. One temporary permit shall be allowed for a designated period not to exceed 30 days for the same property within one calendar year.
(3)
Disapproval or appeals. If the request for temporary exemption or its extension is disapproved, the person making the request will have the appeal rights provided by requesting a review by the Village Zoning Board of Appeals. If approved, the exemption shall be valid for a designated period but shall not exceed 30 days. One temporary permit shall be allowed for a designated period not to exceed 30 days for the same property within one calendar year.
I.
Other exemptions.
(1)
Nonconformance. All outdoor light fixtures lawfully installed prior to and operable on the effective date of these lighting provisions are exempt from all requirements of this chapter for as long as there are no changes in use or lamp type (except for the same type and same output lamp replacement). If structural alteration is made, or if there is a change in use of the property, then the outdoor light fixture(s) shall be brought into compliance with all applicable requirements of this chapter. Further, if the property is abandoned the provisions of this chapter will be applied when the abandonment ceases or the new use commences.[3]
(2)
Emergency and other public lighting. Emergency lighting used by police, fire-fighting, or medical personnel or at their direction and public lighting placed in a public right-of-way for public safety are exempt from all requirements of this chapter.
(3)
Swimming pool and fountain lighting. Underwater lighting used for the illumination of swimming pools and fountains is exempt from the lamp type and shielding standards provided herein but it must conform to all other provisions of this chapter.
(4)
Residential fixtures. Outdoor light fixtures attached to residential buildings and located below the eave and less than 2,000 lumens each are exempt from the provisions of this chapter. Light fixtures 2,000 lumens and over are not exempt. Outdoor fixtures above the eave or attached to buildings or poles separate from the residence are not exempt. Spotlights or floodlights shall be fully shielded and directed to no more than 45° above straight down. The acceptability and shielding restrictions applicable to a particular lamp are decided by its initial lumen output, not wattage, based on manufacturer's specifications. Examples of lamp types of 2,000 lumens and less are:
(5)
Flag lighting. Lighted United States and State of Wisconsin flags are exempt from the provisions of this chapter. All other outdoor lighted flags, such as, but not limited to, decorative and commercial flags, shall conform to the provisions of this chapter.
(6)
Towers. Legally required safety lighting for towers shall be exempt from this chapter.
(7)
Special consideration. When an existing light would be in violation of this chapter but is exempted, the exemption may be withdrawn if the Village of Wales finds: