Zoneomics Logo
search icon

West Bend Town City Zoning Code

ARTICLE XI

Performance Standards

§ 325-85 Compliance.

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, site, and sanitary regulations, comply with the following performance standards.

§ 325-86 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.

§ 325-87 Fire and explosive hazards.

All activities involving the manufacturing, utilization, processing, or storage of flammable and explosive materials shall be provided with adequate safety devices against the hazard of fire and explosion and with adequate firefighting and fire-suppression equipment and devices that are standard in the industry. All materials that range from active to intense burning shall be manufactured, utilized, processed, and stored only in completely enclosed buildings which have incombustible exterior walls and an automatic fire extinguishing system. The aboveground storage capacity of materials that produce flammable or explosive vapors shall not exceed 30,000 gallons.

§ 325-88 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.

§ 325-89 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. All stormwater runoff should be free of sediment, chemicals, or other contaminants to protect water quality in the Town. 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 and those other standards and the application of those standards set forth in Chapter NR 102, Wis. Adm. Code.

§ 325-90 Noise.

A. 
No activity in an M-1 Industrial District shall produce a sound level outside the district boundary that exceeds the following sound level measured by a sound level meter and associated octave band filter:
M-1 Industrial District Noise
Octave Band Frequency
(cycles per second)
Sound Level
(decibels)
0
to
75
79
75
to
150
74
150
to
300
66
300
to
600
59
600
to
1,200
53
1,200
to
2,400
47
2,400
to
4,800
41
Above
4,800
39
B. 
No other activity in any other district shall produce a sound level outside its premises that exceeds the following:
Any Other District Noise
Octave Band Frequency
(cycles per second)
Sound Level
(decibels)
0
to
75
72
75
To
150
69
150
To
300
59
300
To
600
52
600
To
1,200
46
1200
To
2,400
40
2400
To
4,800
34
Above
To
4,800
32
C. 
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.
D. 
Sirens, whistles, and bells which are maintained and utilized solely to serve a public purpose are exempt from the sound levels in this section.

§ 325-91 Odors.

No activity shall emit any odorous matter of such nature or quantity as to be offensive, obnoxious, or unhealthful outside their premises. The guide for determining odor measurement and control shall be Chapter 13, Air Pollution Abatement Manual-1960, prepared by the Manufacturing Chemists' Association, Inc., Washington, D.C.

§ 325-92 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.

§ 325-93 Vibration.

No activity in any district shall emit vibrations that are discernible without instruments outside its premises. No activity shall emit vibrations that exceed the following displacement measured with a three-component measuring system:
Vibrations
Frequency
(cycles per second)
Displacement
(inches)
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

§ 325-95 Landscaping.

A. 
Purpose and characteristics. The intent of this section is to:
(1) 
Protect the lakes and associated aquatic and terrestrial systems.
(2) 
Enhance the scenic character and natural environment of the Town.
(3) 
Establish natural buffers to screen structures from roads, water bodies, and neighboring properties.
(4) 
Mitigate adverse impacts attributed to stormwater runoff.
(5) 
Identify the landscape standards created and intended to achieve these purposes.
B. 
General design criteria.
(1) 
The addition of new plant materials shall augment existing vegetation.
(2) 
Existing, healthy, noninvasive species should be considered as part of and incorporated within a landscape plan.
(3) 
The location, dimensions, and spacing of required plantings should be adequate for their proper growth and maintenance, taking into account the sizes of such plantings at maturity and their present and future environmental requirements, such as wind, soil, moisture, and sunlight.
(4) 
Diversity of vegetation species is recommended.
(5) 
Trees or shrubs that are planted immediately adjacent to roadway rights-of-way shall be moderately tolerant of both salt spray and salt absorbed into the soil.
(6) 
Canopy trees that are newly installed shall reach a minimum height and spread of 30 feet at maturity (10 years' growth) as determined by the American Association of Nurserymen (AAN) Standards and shall be deciduous. New canopy trees shall have a minimum caliper of two inches at planting.
(7) 
Ornamental trees that are newly installed shall reach a typical minimum height of 15 feet at maturity, based on AAN Standards and shall be deciduous. Ornamental trees shall have a distinctive ornamental character such as showy flowers, fruit, habit, foliage, or bark. New ornamental trees shall have a minimum caliper of 1.5 inches.
C. 
Plant material types and quantities.
(1) 
All plants shall be hardy and within the United States Department of Agriculture (USDA) hardiness zone applicable to the Town of West Bend, Wisconsin (Hardiness Zones 5a to 3a).
(2) 
Native or naturalized plant species shall be considered preferential when developing a landscape plan.
(3) 
All plants shall meet the minimum standards for health, form, and root condition as outlined in the AAN Standards.
D. 
R-1N and R-1R residential landscape design criteria. There are no required landscape requirements for the R-1N and R-1R Districts.
E. 
R-1S Shoreland Residential and R-1S/MU Shoreland Residential/Mixed-Use landscape design criteria.
(1) 
Vegetated buffers should be established and maintained so as to diminish the view of existing structures from the roadway.
(2) 
Planting design concepts should consider the following when implementing a landscape plan:
(a) 
Street yard areas (see yard location diagram).
[1] 
Ensure visual screening of buildings from adjacent roadways through vertical layering of plant materials that include ground covers, shrubs and trees.
[2] 
Enframe residential structures through planting masses that include native and wildlife-beneficial plant species.
(b) 
Side yard areas (see yard location diagram).
[1] 
Ensure visual screening of buildings or other structures when viewed from neighboring properties or streets through a planting scheme that incorporates evergreen (winter screening) vegetation and appropriate height of vegetation to minimize visual intrusion of buildings.
[2] 
Avoid obstruction of lake views from neighboring properties to the greatest extent possible through careful landscape planning.
(c) 
Rear yard areas (see yard location diagram).
[1] 
Establish vegetative buffer along the rear property line that enframes views to neighboring acreage.
(d) 
Shore yard areas (see yard location diagram).
[1] 
Shore yard areas should support vegetation that preserves the natural appearance of the shoreline, and supports plant materials that augment visual interest of the shore zone. Vertical diversity of plant materials shall be established or preserved, and include a canopy layer of trees, a mid-canopy layer of ornamental trees, and a ground layer of shrubs, ferns, forbs and grasses and other broadleaf groundcover plants.
[2] 
Property owners should preserve or establish, and maintain, a primary shore yard buffer of native shore yard vegetation in the area that extends a minimum of 35 feet inland from the ordinary high water mark of navigable waters under the following circumstances:
[a] 
When a new principal structure is being constructed.
[b] 
When primary buffer restoration or maintenance is selected to meet the requirements of applicable county, state or federal requirements for any reconstruction, expansion, structural alteration, replacement, or relocation of any proposed structure that does not meet the minimum setback standards.
[3] 
Vegetation should not be removed from the primary shore yard buffer except in access and viewing corridors. The removal of exotic or invasive species, damaged vegetation, vegetation that must be removed to control disease, or vegetation posing a safety hazard is allowed.
[4] 
A cleared or semicleared viewing corridor within the shore yard buffer should adhere to the following dimensions:
[a] 
When a new principal structure is being constructed, or when required under applicable county or state or federal requirements, lots 200 feet or less wide at the ordinary high water mark may have a total width of an access and viewing corridor or corridors that may not exceed 30% of the lot's width, to a maximum of 40 feet, at the ordinary high water mark.
[b] 
When a new principal structure is being constructed, or when required under applicable county or state or federal requirements, lots which are more than 200 feet wide at the ordinary high water mark are allowed a total width of an access and viewing corridor or corridors that may not exceed 20% of the lot's width, to a maximum or 100 feet, of the lot's width at the ordinary high water mark.
[5] 
Property owners shall avoid planting nonnative plant species in the shore yard buffer area that may spread to nearby wetlands or waterways and ensure that invasive and nuisance flora is controlled within the shore buffer zone.
(3) 
Landscape plans shall be provided for building and site work that requires a site plan permit and for other site development work that disturbs over 500 square feet of site area.
R-1S and R-1S/MU Required Plantings
Area
Existing and New Plantings
Each 50 feet of street yard
1 canopy trees or 1 evergreen
1 ornamental tree
7 medium to tall shrubs
Vegetation shall be arranged in masses to filter views from the road edge
Dispersed patterns of landscape planting that provide minimal visual buffering shall be discouraged
New understory vegetation that augments existing mature deciduous trees should be considered in the development of a landscape plan
Front corners of parcel shall be anchored with vegetation, as appropriate
Each 50 feet of shore yard
1 canopy tree or 2 evergreens
1 ornamental tree
4 medium to tall shrubs
F. 
B-1, B-2, M-1 and P-1 landscape design criteria.
(1) 
Properties designated as B-1, B-2, M-1 and P-1 shall establish and maintain landscaping as set forth in the following table:
B-1, B-2, M-1 and P-1 Required Plantings
Area
Existing and New Plantings*
Street edge
4 trees for each 100 linear feet of frontage plus 1 of the following minimum:
Masonry or split rail fence minimum of 48 inches high with masonry posts at least 20 feet on center
Ornamental metal fence at least 48 inches high with a coniferous hedge at least 36 inches high planted on 1 side of the fence
Existing shrubs if they are continuous and at least 48 inches high
An additional row of trees
Side yard (including area between buildings)
Landscaping shall connect to existing landscape in and around the site and be of similar plant material
6 trees for each 1,000 square feet of building area grouped together when possible or 4 trees and 4 medium to tall shrubs for each 1,000 square feet of building area
Landscape area should include seating and pedestrian paths to encourage the use of the space
NOTES:
*
Existing plantings in combination with new plantings shall equal the requirement.
(2) 
(Reserved)
(3) 
Parking areas with five or more parking spaces that are created or redesigned and rebuilt after the adoption of this chapter must include accessory landscape areas totaling not less than 5% of the surfaced area. The minimum size of each landscape area shall not be less than 100 square feet. Location of landscape areas, plant materials, and protection afforded the plantings, including curbing and provision for maintenance, shall be subject to approval by the Plan Commission. All plans for proposed parking areas shall include a topographic survey or grading plan which shows existing and proposed grades and location of improvements. The preservation of existing trees, shrubs, and other natural vegetation in the parking area may be included in the calculation of the required minimum landscaped area.
(4) 
Parking areas with five or more vehicles that adjoin a residential district shall be visually screened with a solid wall, fence, or evergreen planting of equivalent visual density, or other effective means, built and maintained to a minimum height of five feet.
G. 
Suggested plant species.
Suggested Plant Species List
(at least three different tree species and three different shrub species shall be used)
Large Deciduous Trees (30 landscape points)
Evergreen Trees (40 landscape points)
Basswood (Tilia Americana)
American Arborvitae (Thuja occidentalis)*
Bur Oak (Quercus macrocarpa)
Austrian Pine (Pinus nigra)
Common Hackberry (Celtis occidentalis)
'Prairie Pride'
Canadian Hemlock (Tsuga Canadensis)*
Common Honeylocust (Gleditsia triacanthos)
Eastern Red Cedar (Juniperus virginiani)
Red Maple (Acer rubrum)
Eastern White Pine (Pinus strobus)*
Red Oak (Quercus rubra)
Techny American Arborvitae (Thuja occidentalis 'Techny')
Sugar Maple (Acer saccharum)
White Spruce (Picea glauca)*
Swamp White Oak (Quercus bicolor)
Eastern White Pine (Pinus strobus)
Ornamental Deciduous Trees (10 landscape points)
River Birch (Betula nigra)
European Alder (Alnus glutinosa)
Laurel Willow (Saliz pentandra)
American Hornbeam (Carpinus caroliniana)
Hawthorns (Crataegus species)
Tall Deciduous Shrubs (10 landscape points)
Medium Deciduous Shrubs (5 landscape points)
American Cranberrybush Viburnum (Viburnum trilobum)
American Filbert (Corylus Americana)*
Arrowwood Viburnum (Viburnum dentatum)
Red Chokeberry (Aronia arbutifolia)
Blackhaw Viburnum (Viburnum prunifolium)
Winterberry (Ilex verticillata)*
Common Witchhazel (Hamamelis virginiani)*
Withrod Viburnum (Viburnum cassinoides)*
Eastern Ninebardk (Physocarpus opuifolius)*
Evergreen Shrubs (5 landscape points)
Eastern Wahoo (Euonymus atropurpurea)*
Pfitzer Juniper (Juniper chinensis 'Pfitzerana')
Oldfield Common Juniper (Junipers communis depressa)*
Nannyberry Viburnum (Viburnum lentago)*
Creeping Juniper (Juniper horizontal)*
Allegany Serviceberry (Amelanchier laevis)
Woodward Globe Arborvitae (Thuja occidentalis 'Woodwardii')
Low Deciduous Shrubs (3 landscape points)
Alpine Currant (Ribes alpinum)
Dwarf European Cranberrybush (Viburnum opulus 'Nanum')
Black Chokeberry (Aronia melanocarpa)*
Running Serviceberry (Amelanchier stolonifera)*
Mapleleaf Viburnum (Viburnum acerifolium)*
* Native Vegetation Species
The plants listed in the table is not meant to be exhaustive. Therefore, the Zoning Administrator is authorized to determine the point values for species not listed based on comparable species listed in this table along with the most current edition of "A Guide to Selecting Landscape Plants for Wisconsin"
H. 
Prohibited landscaping species. The following species have been identified as invasive by the Wisconsin Department of Natural Resources (WDNR) due to their ability to invade wild areas, out-compete native species, degrade habitats, and potentially cause extensive ecological damage. These species are prohibited for use in all commercial, industrial, and residential site plans and landscaping plans in the Town of West Bend.
(1) 
Trees and shrubs.
(a) 
Autumn olive.
(b) 
Buckthorn - common, glossy.
(c) 
Honeysuckle - Amur, Morrow, showy, Tatarian.
(d) 
Japanese barberry.
(e) 
Maple - Amur, Norway.
(f) 
Smooth sumac.
(g) 
White mulberry.
(2) 
Vines.
(a) 
American bittersweet.
(b) 
Oriental bittersweet.
(3) 
Ground covers.
(a) 
Birds-foot trefoil.
(b) 
Crown vetch.
(4) 
Flowers and wildflowers.
(a) 
Dames rocket.
(b) 
Multiflora rose.
(c) 
Purple loosestrife.
(d) 
Yellow iris.
(5) 
Grasses.
(a) 
Maiden grass.
(b) 
Reed canary grass.
(6) 
Aquatic.
(a) 
Flowering rush.
(b) 
Water hyacinth.
(c) 
Water lettuce.
(d) 
Yellow floating heart.