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, land, air, and waters shall hereafter, in addition to their use and site regulations, comply with the following performance standards.

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 state or federal air pollution standards.

All activities involving the manufacturing, utilization, processing, or storage of flammable or explosive materials shall be provided with adequate safety devices against the hazard of fire and explosion and with 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, or stored only within completely enclosed buildings which have incombustible exterior walls and an automatic fire extinguishing systems. The above-ground storage capacity of materials that produce flammable or explosive vapors shall not exceed 50,000 gallons.

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.

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 Chapter NR 102 of the Wisconsin Administrative Code.

No activity in any manufacturing 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 level filter:

No activity in any other district shall produce a sound level outside its premises that is unnecessary or unreasonable pursuant to the appropriate section of the Municipal Code of Ordinances of the Village of West Milwaukee.

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 NR 154 of the Wisconsin Administrative Code and amendments thereto.

No activity shall emit radioactivity or electrical disturbances outside its premises that are dangerous or adversely affect the use of neighboring premises.

No activity in any district shall emit vibrations which are discernible without instruments outside its premises. No activity shall emit vibrations which exceed the following displacement measured with a three-component measuring system:

Home occupations and professional home offices are allowed within the certain districts of the village in conformity with the following regulations:

(1)

The occupation or office does not exceed 25 percent of the area of any floor.

(2)

Employees:

a.

A home occupation may not employ, non-resident employees.

b.

A professional home office may have one non-resident employee.

(3)

No internal or external structural alterations or special construction is required or allowed in order to establish or maintain the occupation or office.

(4)

Outside storage or display of goods, materials, parts or tools related to the business is prohibited.

(5)

One non-illuminated sign not to exceed in one square foot in total area to advertise the occupation is allowed.

(Ord. No. 1-O-13, § 1, 4-2-2013)

(a)

Purpose. This section is intended to regulate mobile service facilities to the full extent allowed by Wis. Stats. § 66.0404 and other applicable laws. Nothing herein is intended to regulate or to authorize the regulation of mobile service facilities in a manner that is preempted or prohibited by Wis. Stats. § 66.0404 or other applicable laws.

(b)

Definitions. All terms used herein shall have the meaning described in Wis. Stats. § 66.0404(1).

(c)

New towers and facilities. The applicant is not subject to the requirements of section 98-256, and instead the siting and construction of a new mobile service support structure and facilities shall be subject to the following requirements:

(1)

Application process. The applicant shall submit a written application which shall include all of the following information:

a.

The name and business address of, and the contact individual for, the applicant.

b.

The location of the proposed tower.

c.

The location of the mobile service facility.

d.

A construction plan which describes the tower, equipment, network components, antennas, transmitters, receivers, base stations, power supplies, cabling, and related equipment to be placed on or around the new tower.

e.

An explanation as to why the applicant chose the proposed location, and why the applicant did not choose collocation, including a sworn statement from the responsible party attesting that collocation within the applicant's service area would not result in the same mobile service functionality, coverage, and capacity; is technically infeasible; or is economically burdensome.

(2)

Determination of completeness within ten days of submittal. The village administrator shall review the application and determine whether the application is complete. If the application includes all of the foregoing information, the application shall be found to be complete. The village administrator shall notify the applicant in writing within ten days of receiving the application if it is found not to be complete, and such notice shall specify in detail the required information that was incomplete. Applicants are allowed to resubmit their applications as often as necessary until it is complete.

(3)

Conditional use review procedure. The wireless telecommunications mobile service facility shall be a conditional use, however it is not subject to section 98-256 of this code, and instead shall be reviewed pursuant to the following procedures:

a.

Public Hearing. Within a reasonable time after an application and all required information has been filed, a public hearing shall be held by the plan commission pursuant to this chapter.

b.

Fee. Any petition shall be accompanied by a fee as set from time-to-time by the village board to defray the cost of notification and holding of public hearing. Costs incurred by the village in obtaining legal, planning, engineering and other technical and professional advice in connection with the review of the conditional use and preparation of the conditions to be improved shall be charged to the petitioner. Such fee shall not exceed the limits established by Wis. Stats. § 66.0404(4)(d).

c.

Requirements.

1.

Conditional use status shall not be granted to communication towers unless the tower is located so that there is sufficient radius of clear land around the tower so that its collapse shall be completely contained on the property, subject to the following. If an applicant provides the village with engineering certification showing that the tower is designed to collapse within a smaller area than the radius equal to the height of the tower, the smaller area shall be used unless the village has and provides to the applicant substantial evidence that the engineering certification is flawed.

2.

All facilities shall meet all state and federal codes.

3.

The purpose and intent of this chapter as described in section 98-2 and 98-3, shall be considered in making the determination.

d.

Determination. The Plan Commission shall make a decision on the application within a reasonable time after the public hearing, provided further that final action shall be taken within 90 days of receipt of a complete application unless the time extended by the petitioner. Said decision shall be stated in writing and a copy made a permanent part of the village records. If conditional use status is not granted, the reasons therefor will be included in such record.

e.

Changes or Additions. Subsequent change or addition to the approved plans or use shall first be submitted for approval to the plan commission and, if in the opinion of the plan commission, such change or addition constitutes a substantial alteration, a public hearing before the plan commission shall be required and notice thereof be given pursuant to this chapter.

f.

Conditions. Conditions such as landscaping, architectural design, type of construction, floodproofing, anchoring of structures, construction commencement and completion dates, sureties, lighting, fencing, planting screens, operational control, hours of operation, improved traffic circulation, deed restrictions, highway access restrictions, increased yards, or parking requirements, among other issues as deemed appropriate may be required by the plan commission upon its finding that these are necessary to fulfill the purpose and intent of this chapter; subject to the limitations of section 98-186 (c)(4), below.

(4)

Limitations upon authority. The village review and action in the matter shall be subject to the limitations imposed by Wis. Stats. § 66.0404(4). In the event the applicant believes the village has exceeded its authority in this regard, the applicant shall notify the plan commission in writing and the plan commission reserves the right to reconsider the matter, to ensure that applicable laws are followed.

(d)

Modifications. The construction of modifications to an existing mobile service support structure or mobile service facility shall be subject to the following requirements:

(1)

Substantial modification.

a.

Application and review process. The application and review process for a substantial modification is identical to the application and review process for a new tower, as described in section 98-186(c), above, except that the required plans should describe the proposed modifications, rather than describe the new structure.

(2)

Not substantial modifications.

a.

Application information. The applicant shall submit a written application that describes the applicant's basis for concluding that the modification is not substantial, and all of the following information:

1.

The name and business address of, and the contact individual for, the applicant.

2.

The location of the affected support structure.

3.

The location of the proposed facility.

b.

Completeness determination within five days. The village administrator will determine whether the application is complete. If the application includes all of the foregoing information, the application shall be found to be complete. The village administrator must notify the applicant in writing within five days of receiving the application if it is found not to be complete, specifying in detail the required information that was incomplete. The applicant may resubmit as often as necessary until it is complete.

c.

Fee. Any petition shall be accompanied by a fee as set from time-to-time by the village board to defray the cost of review. Costs incurred by the village in obtaining legal, planning, engineering and other technical and professional advice in connection with the review of the conditional use and preparation of the conditions to be improved shall be charged to the petitioner. Such fee shall not exceed the limits established by Wis. Stats. § 66.0404(4)(d).

d.

Determination. The Plan Commission shall make a decision on the application within a reasonable time, provided further that final action shall be taken within 45 days of receipt of a complete application unless the time extended by the petitioner. The requirements of section 98-186(C)(3)(c) shall apply. Said decision shall be stated in writing and a copy made a permanent part of the village records. If approval is not granted, the reasons therefor will be included in such record.

e.

Limitations Upon Authority. The Village review and action in the matter shall be subject to the limitations imposed by Wis. Stats. § 66.0404(4), and such other laws as may apply which may include 47 USCA § 1455. In the event the applicant believes the village has exceeded its authority in this regard, the applicant shall notify the plan commission in writing and the plan commission reserves the right to reconsider the matter, to ensure that applicable laws are followed.

(Ord. No. 10-O-16, § 1, 12-19-2016)