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Weston Marathon County
City Zoning Code

ARTICLE 94

12 GENERAL PERFORMANCE STANDARDS

Sec 94.12.01 Purpose And Applicability

  1. Purpose. The purpose of this Article is to indicate requirements for drainage structures, earth filling/moving, fences, swimming pools, vehicle access and driveways, parking and circulation, off street loading, exterior storage, exterior lighting, vibration, noise, air pollution, odors, , glare, heat, fire and explosion, toxic and noxious materials, waste materials, exterior construction materials, and hazardous materials.
  2. Non-applicability to Certain Land Uses and Special Districts. Except where a performance standard in this Article is specifically made applicable to agricultural uses and single- and two-family residential land uses in this Article, and through a Specific Implementation Plan to uses within PD and N districts under Article 14, such uses and associated structures are exempt from these requirements. Subdivisions intended for future residential use are not exempt. In addition, to the extent that the associated Specific Implementation Plan for a PD or N district is silent as to the applicability of one or more performance standards in this Article 12, the Zoning Administrator may apply such standard(s within the PD or N district)
    .
HISTORY
Amended by Ord. 21-011 on 5/17/2021

Sec 94.12.02 Stormwater Management, Earth Filling, And Excavating

  1. Stormwater Management and Erosion Control. All stormwater management and erosion control improvements shall comply with all applicable Village, County, State, and Federal standards, including Chapter 86, Article 5 of the Code if within the Village. The Village encourages rain gardens, bioswales, and other similar natural forms of stormwater management and infiltration.
  2. Earth Filling and Excavating. Earth filling and excavating activities include any activity in an area over 4,000 square feet, or greater than 500 cubic yards of fill, involving the modification of the earth's surface above that in its undisturbed state. Earth filling and excavating activities:
    1. Shall comply with the Village’s Construction Site Erosion Control and Storm Water Management regulations if within the Village.
    2. Shall not increase drainage onto other properties or impede on-site drainage.
    3. Shall comply with provisions of the Village Subdivision Ordinance.

Sec 94.12.03 Fences, Landscape Walls, And Hedges

  1. Purpose. The purpose of this Section is to regulate the materials, location, height, and maintenance of fencing, landscaping walls, and decorative posts in order to prevent the creation of nuisances and to promote the general welfare of the public.
  2. Applicability. The requirements of this Section apply to all permanent fencing, landscape walls, and decorative posts equal to or exceeding four feet in height.
  3. Standards
    1. Traffic Visibility. All fences, walls, and hedges must comply with the vision clearance requirements of Section 94.12.08(12).
    2. Access. No fence shall be considered a hardship to access a rear yard, for purposes of storage of vehicles or other purposes in this Chapter.
    3. Fences for All Residentially Zoned Land, in Any RR or PR District, and for Any Residential Use Regardless of District
      1. The maximum height of each fence or wall shall be four feet within front and interior side yards, as such yards are illustrated in Figure 5.01(3) and defined in Section 94.17.04.
      2. The maximum height of each fence or wall outside of the yards described in subsection 1. shall be six feet.
      3. No fence or wall may be installed closer than two feet from any lot line, except that any fence or wall along an interior side lot line or a rear lot line not abutting a public street may be installed up to the lot line.
    4. Fences within all Non-residential Zoning Districts, Except for RM and for Residential Fences Located in Such Districts.
      1. Fences, walls, and continuous hedges not exceeding ten feet in height are permitted. Such fence, wall, or continuous hedge shall be set back a minimum of two feet from any front or street side property line abutting a public street, but may be installed up to the property line of interior side and rear yards.
      2. Fences, walls, or continuous hedges may be required for screening particular land uses per Article 4 and Section 94.11.02(3)(d).
    5. Agricultural-related Fences. Garden fences, partition fences under Wis. Stat. Chapter 90, and all other fencing within agricultural and RM zoning districts, shall be exempt from the requirements of this Section, except that all front and street side yard fences shall adhere to the front yard fence requirements for residential districts where such regulation is not prohibited by Statute. Agricultural-related fences under this subsection shall not require a zoning permit or building permit, except for garden fences that are closer than two feet from any property line.
    6. Temporary Fences. Fences erected for the protection of plantings or to warn of construction hazards or for similar purposes shall be clearly visible or marked with colored streamers or other such warning devices at four-foot intervals. Such fences shall comply with any setback requirements set forth in this Section. The issuance of a permit shall not be necessary for temporary fences. Temporary fences may be installed and maintained for a period not exceeding the term of construction, or 180 days if not associated with a construction project.
    7. Permanent Fence Appearance. For each permanent fence with a more finished or a more decorative (non-structural) side, such side shall face toward the adjoining property or right-of-way. Residential fences in a front or street side yard shall be of semi-open designs, such as vertical picket, weaved lattice, or wrought iron bars. Each permanent fence shall be of consistent design and color, and color shall be compatible with the predominant color of the principal building on the same lot.
    8. Construction and Maintenance. All fences, landscape walls, or decorative posts shall be constructed and maintained in a structurally sound and attractive manner per manufacturer’s instructions. Living hedges must be trimmed so that all limbs remain entirely within the property. Each fence shall be built and maintained with a single material and a single color for its full length.
    9. Prohibited Fences
      1. The use of a fence that delivers an electric shock is prohibited, except for electric fences used for the confinement of livestock or undomesticated animals in any agricultural zoning district.
      2. Fences within and adjacent to any residential and RR zoning district, and for residential uses regardless of zoning district, may not be comprised of stranded wire, exposed/reflective metal, or corrugated metal.
      3. The use of barbed wire, razor wire, or similar cutting wire is prohibited on any fence, except in any non-residential district on top of a security fence on which the wire is a minimum of eight feet above ground level and the wire section is directed inward, or for confinement of livestock or undomesticated animals in agricultural districts.
      4. Snow fences or other fences designed for temporary use shall not be used for a period exceeding 30 days in any residential or non-residential or mixed use zoning district. Snow fences shall not exceed four feet in height, and are prohibited between May 1 and November 1 of each year. No privately owned snow fence shall extend beyond the highway right-of-way line.
HISTORY
Amended by Ord. 16-046 on 12/21/2016
Amended by Ord. 19-001 on 1/23/2019
Amended by Ord. 25-011 on 8/18/2025

Sec 94.12.04 Swimming Pools

  1. Applicability. This section applies to all swimming pools as defined in Section 94.17.04, excluding structures exempted by that definition.
  2. Permit Required. Before work is commenced on the construction or erection of a swimming pool or on any alterations, additions, remodeling, or other improvements, an application for a swimming pool building permit to construct, erect, alter, remodel, or add thereto must be submitted in writing to the Building Inspector. Plans and specifications and pertinent explanatory data shall 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 fee shall accompany such application.
  3. Construction Requirements.
    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 with any and all applicable ordinances of the Village.
    2. Plumbing. All plumbing work shall be in accordance with all applicable local ordinances and all State codes and requirements. Every swimming pool shall be provided with a suitable draining method, meeting the requirements of subsection (8) below.
    3. Electrical Installations. All electrical installations, including lighting and heating, but not limited thereto, that are provided for, installed, and used in conjunction with a private swimming pool shall be in conformance with State laws and local ordinances regulating electrical installations.
  4. Placement and Setbacks.
    1. Swimming pools shall be erected or constructed in rear yard only and only on a lot occupied by a principal building.
    2. All swimming pools shall meet the side and rear setback requirements applicable to accessory structures in Figures 5.01(2) and 5.02(2).
  5. Enclosure.
    1. Each swimming pool as defined in Section 94.17.04 shall be completely enclosed by a fence, wall, cover, or other protective device of sufficient strength to prevent access to the pool by a person weighing 250 pounds or less.
    2. If a fence or wall is used for the required enclosure, such fence or wall shall not be less than four feet in height. The Zoning Administrator may require a minimum of six feet in height upon a determination that the selected fence design will facilitate climbing. The pool wall of an above ground pool may serve as all or part of the required fence height. Fences or walls shall not have voids, holes, or openings larger than four inches in one dimension. Gates or doors shall be equipped with self-closing and self-latching devices located at the top of the gate or door on the pool side of the enclosure, except the door of any building that forms a part of the enclosure.
    3. If a cover or other protective device is used for the required enclosure, such cover or other protective device shall have a strength, design, and material that meets the requirements of this Section and is securely fastened in place when the swimming pool is not in use.
  6. Compliance. All swimming pools existing as of March 18, 2015 not satisfactorily fenced shall comply with the fencing requirements of this Section when water is placed in the pool.
  7. Maximum Pool Size. No pool, together with its deck area, shall occupy more than 40 percent of the usable area of the rear yard excluding all garages or accessory structures located in the area.
  8. Draining and Approval Thereof. No swimming pool shall be constructed so as to allow water to drain into any sanitary sewer nor to overflow upon or cause damage to any adjoining property. Draining a swimming pool into public streets, other public property, or the storm sewer system may occur only with the prior approval of the Village Director of Public Works.
  9. Filter System Required. All swimming pools must have, in connection therewith, some filtration system to ensure proper circulation of the water therein and maintenance of the proper bacterial quality thereof.
  10. Dirt Bottoms Prohibited. All swimming pools shall have the sides and bottom of a smooth finish, and no sand or dirt bottom shall be permitted.

Sec 94.12.05 Firewood Storage

  1. Applicability. This section is applicable in all residential zoning districts and for lots that are occupied by residences and located within non-residential and mixed-use zoning districts (except for the RM district), as those terms are defined in Section 94.17.04.
  2. Definitions Applicable to this Section. See also Figure 12.05.
    1. Cord of wood means a unit of wood cut for fuel equal to a stack eight-foot wide by four-foot high by four-foot deep or 128 cubic feet.
    2. Face cord of wood means a unit of wood cut for fuel equal to a stack eight-foot wide by four-foot high by 18 inches deep or 48 cubic feet.
    3. Outside storage of firewood means any firewood which is not enclosed by four walls and a roof.
    4. Processing of firewood means the cutting of logs/wood and or the splitting of wood for burning.
    5. Firewood means any wood or wood product used or intended to be used as heating fuel in a residence or for burning in recreational fires as defined and regulated in Section 34.209(b)(2) of the Weston Municipal Code. Painted or treated wood shall not be considered firewood.
    6. Neat, secure stack means a stack of firewood that is piled in regular, orderly arrangement that is stable and reasonably resistant to collapse.
    Figure 12.05: Visual Examples of Different Firewood Storage Configurations


  3. Outside Storage of Firewood. Except for firewood and construction materials necessary for on-site use or work, no wood or wood product shall be kept or stored outdoors. Firewood may be stored solely for use on the premises and not for resale. No person shall permit the outside storage of firewood in the front yard and/or on any side yard abutting a street, except that firewood may be temporarily stored in the front yard and/or in any side yard abutting a street for a period not to exceed 15 days from the date of its delivery. Firewood shall be neatly stacked and stored no closer than three feet from any lot line and not higher than four feet from grade. No more than five full cords of wood shall be stored outside unscreened at any given time. 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 considered public nuisances and may be abated pursuant to the provisions of the Village Municipal Code.
  4. Processing of Firewood. No person shall process firewood between the hours of seven p.m. and seven a.m., and no property shall process firewood for more than six total hours during the permitted time. Processing must be completed within 45 days or less of delivery and may not begin again for sixty days. Processing may only be done two times in a calendar year. No persons shall process firewood on the property that is not for the owner/occupant’s personal use at the said property. All brush, bark, and refuse from processing of firewood shall be promptly and properly disposed of or processed as mulch and shall not be allowed to remain on said premises.
  5. Non-conforming Woodpiles to be Removed. Those individuals not in compliance with this Section as of March 18, 2015 shall have one year from such date to comply.
HISTORY
Amended by Ord. 16-046 on 12/21/2016

Sec 94.12.06 Exterior Storage Standards

  1. Purpose. The purpose of this Section is to regulate the use of property for exterior storage, except as otherwise specifically regulated in this Article. The Section is designed to promote the safety and general welfare of the public. Additional standards for outdoor storage applicable to specific land uses as specified in Article shall also apply.
  2. Exterior Storage Standards for Multi-Family Dwellings and Non-Residential Facilities and Properties.
    1. All exterior (outside) storage of recyclable and non-recyclable containers, within multi—family dwellings and non-residential facilities and properties (all land uses other than “Single-Family Detached Residence”, “Two-Family Residence”, and “Agricultural Use”), shall be placed and maintained within a three-sided enclosure and enclosed on the fourth side with a gate to contain garbage, refuse, waste, recycling, and other debris. The enclosure shall further meet all of the following requirements:
      1. Subject to accessory structure setback requirements included in Figures 5.01(2) and 5.02(2).
      2. Must be at least 10 feet from any combustible walls, openings, or combustible roof eave lines, as per NFPA 1 (most recent addition).
      3. Not placed in any minimum required front or street side yard.
      4. Must be placed to the interior side or rear of the principal structure, unless such a location is not possible in the determination of the Zoning Administrator.
      5. Must be a minimum of 30-feet long by 10-feet wide.
      6. Must be 8-feet tall.
      7. Placed on a permanent hard surface.
      8. The recyclable and non-recyclable containers shall be fully screened and not visible from public rights-of-way and adjacent properties from the ground level; the screening shall consist of a solid fence constructed of masonry, commercial grade wood fencing, or other commercial grade material approved by the Zoning Administrator.
      9. This fence shall be constructed in such a manner so as to prevent paper, debris, and other refuse material from being blown through the fence.
      10. The Village’s Refuse and Recycling Site Application must be submitted and approved by the Village prior to installation. The owner shall provide proof to the Zoning Administrator, from the owner’s contracted solid waste/recycling hauler, that the design provides safe and reasonable access to the hauler to provide the contracted service.
    2. The site plan approval authority, or Zoning Administrator in the case where the project does not require site plan approval under this chapter, may waive or modify one or more requirements in subsection (a). Such waiver or modification may be provided only if the authority or Administrator determines that the intent of the ordinance requirement(s) will be met in another way and that the reduction is not contrary to the public interest, the purpose of this chapter, and the purpose of the associated zoning district.
    3. The exterior storage of non-recyclable and recyclable material, and associated containers and enclosures, which are not in compliance with this subsection as of March 18, 2015, shall have one year from such date to comply.
    Figure 12.06: Example of Appropriate Dumpster Enclosure Design


  3. Motor Vehicle Storage. Except in AR and RM zoning districts, storage of operable and licensed motor vehicles shall be on a hard or gravel surface. No motor vehicle in any zoning district shall be stored within the minimum hard or gravel surface setbacks of Article 5. All motor vehicle storage areas shall be landscaped in accordance with Article 11. Storage or parking of semi-trailers, busses, and heavy-duty trucks on property zoned or used for residential purposes is prohibited.
  4. Inoperable Vehicles and Junk. The outside storage of inoperable or unlicensed vehicles, appliances, and other junk or trash shall be prohibited, except as described within the “Junkyard or Salvage Yard” and “Outdoor and Vehicle Repair and Maintenance” land use performance standards and for those uses approved in accordance with the requirements of this Chapter. The storage of inoperable vehicles in association with said uses shall be on a hard or gravel surface meeting applicable hard or gravel surface setback requirements; and is also subject to the regulations set forth in Section 50.105 of the Code.
  5. Construction Materials and Equipment Related to On-site Construction. Except within agricultural zoning districts, all temporary storage of construction materials and equipment related to on-site construction shall be set back a minimum of three feet from any interior side or rear property line, and outside of any front or street side yard unless provided site plan approval under Section 94.16.09.
HISTORY
Amended by Ord. 16-046 on 12/21/2016
Amended by Ord. 17-007 on 4/19/2017
Amended by Ord. 17-016 on 7/26/2017
Amended by Ord. 19-001 - 94.12.06(2) on 1/23/2019

Sec 94.12.07 Outdoor Recreational Vehicle Storage

  1. General Requirements for Recreational Vehicles.
    1. All recreational vehicles must be operable, have current registration, and be in good repair to be parked outdoors.
    2. All recreational vehicles that are also licensed, drivable motor vehicles shall be kept on a hard surface as defined in Section 94.17.04, or on gravel surface that was in existence as of March 18, 2015.
    3. Where a recreational vehicle is permitted to be stored on a vegetative surface such as grass, the grass must be maintained and free of weeds and tall grass per applicable requirements of Section 50.102(H) of the Municipal Code.
    4. Recreational vehicles shall not be stored on or extend into the public right-of-way or public access easement, including but not limited to on a public street or over a public sidewalk or path.
    5. Each recreational vehicle shall not be used as a dwelling unit for more than 7 days per calendar year, and shall not be considered or used as an accessory structure.
    6. No recreational vehicle shall be connected to municipal water, sanitary sewer, or a private on-site wastewater treatment system at any time, except for maintenance.
    7. An unlimited number of recreational vehicles may be stored in fully enclosed buildings as allowed under this Chapter.
  2. Within Residential, Rural and Open Space Zoning Districts, and for Residential Uses.
    1. A maximum of two recreational vehicles may be stored outdoors on each residentially zoned lot, and on each lot that is used for residential purposes, except within rural and open space zoning districts. Within rural and open space zoning districts, a maximum of four recreational vehicles may be stored outdoors. A trailer and other recreational vehicle(s) mounted on it shall count as one recreational vehicle for purposes of these quantitative limitations.
    2. Outdoor storage of recreational vehicles in such zoning districts shall be permitted in a side yard but set back from the side property line a distance equal to the parking setback in the associated zoning district under Figure 5.01(2).
    3. Outdoor storage of recreational vehicles in such zoning districts shall be permitted in the front yard if on hard surface, or if on a gravel surface that was in existence as of March 18, 2015. Such hard or gravel surface shall be a component to or attached to the driveway that connects to the public roadway.
    4. Outdoor storage of recreational vehicles shall:
      1. Meet the same side yard setbacks as hard or gravel surfaces for the associated zoning district as provided in Figure 5.01(2).
      2. In residential districts, not be permitted in the rear yard except where accompanied by a bufferyard as provided in Section 94.11.02(3)(d). 
      3. Where located in rural and open space zoning districts, be set back from the rear property line a distance not less than the hard or gravel surface interior side yard setback in the associated zoning district under Figure 5.01(2).
  3. Permitted Locations, Non-Residential Zoning Districts.
    1. Residential uses within non-residential zoning districts shall be subject to the limitations in subsection (2).
    2. Outside storage of recreational vehicles associated with an allowed vehicle retail sale, service, or repair land use in a non-residential district, or commercial storage of recreational vehicles shall be regulated as an “Outdoor Display” land use and is subject to site plan approval for that use.
    3. Recreational vehicles shall not be stored on or extend into the public right-of-way, including but not limited to on a public street or over the public sidewalk.
HISTORY
Amended by Ord. 24-022 on 12/16/2024

Sec 94.12.08 Access And Driveway Standards

  1. Purpose and Applicability. The purpose of this Section is to alleviate or prevent congestion of public rights-of-way, protect and enhance property values and community aesthetics, and promote the safety and general welfare of the traveling public. This Section establishes minimum requirements for the provision of access to public rights-of-way in accordance with the utilization of various sites.
  2. Roadway Access Control. Access control to public roadways and driveway access design standards shall be per Chapter 71 of the Village of Weston Municipal Code
  3. Depiction on Required Site Plan. The configuration and location of all proposed access drives on a property shall be depicted on any required site plan.
  4. Distance from Property Line. The distance from an access drive or parking lot to the property line shall not be less than the minimum associated setback for hard or gravel surface areas in Figures 5.01(2) and 5.02(2), except or approved shared driveways, shared parking lots, cross-access ways, or as otherwise exempted in such figures.
  5. Width of Driveways. All openings for access drives onto public streets shall adhere to the widths as specified in Chapter 71 of the Code.
  6. Traffic Control. Traffic into and out of all off street parking, loading, and traffic circulation areas serving six or more parking spaces shall be forward moving, with no backing into streets or pedestrian ways.
  7. Surfacing. Driveway surfacing shall be per Section 94.12.09(6)(a).
  8. All Garages to be Served by Driveways. All garages intended for vehicle parking shall be served by a driveway extending from the garage to the curb or street edge. Where such driveway meets the garage, the width shall be, at minimum, the left and right wall width of the garage it serves. Each such driveway need not run directly between the garage and street.
  9. Installation Timing. Except for apron sections within public rights-of-way, no residential driveway shall be constructed until the owner has been issued a building permit for the residence. Each residential driveway shall be constructed prior to occupancy of the associated dwelling, except in cases when construction of the dwelling is completed between December 1st and March 31st. In such cases, driveways must be installed no later than June 1st following occupancy.
  10. Provision for Sidewalk. Where there is existing curb and gutter street sidewalks shall be installed for all new construction and substantial remodels, which exceed 50% of the assessed value, of a structure, regardless if a sidewalk is present on either side of said project, in accordance with the Village’s Complete Streets Policy. Where the construction project or remodel does not exceed 50% of the assessed value then all driveways, new or existing, shall accommodate a 5-foot wide concrete sidewalk section within the public right-of-way, built to Village sidewalk standards, to maintain connection with existing sidewalks or to allow for the connection of future sidewalks on either side of the driveway. The Site Plan Approval Authority may waive the above stated provisions under the following circumstances:
    1. The Village Capital Improvement Plan and/or sidewalk and trail planning maps, or similar planning documents do not include sidewalks within the project neighborhood; or
    2. The Director of Public Works has determined that future sidewalk grades cannot be determined or;
    3. The Director of Public Works has determined that substantial grading of the area between the curb and the right-of-way line is required for both the subject parcel and both neighboring parcels.
  11. Maintenance. All driveways shall be maintained so as to prevent the transport of gravel, dirt, or other material from the property into the public right-of-way.
  12. Vision Clearance Triangles. Within vision clearance triangles, no signs, structures, earthwork, vegetation, or other obstructions between 18 inches and ten feet in height shall be permitted, except for tree trunks, mailboxes and sign poles. The vision clearance triangle shall apply where public streets intersect, and where private driveways and alleys intersect with public streets, per the following standards (as also represented in Figure 12.08).
    1. Where public streets intersect with each other. To draw the first two lines of the triangle, measure 20 feet from the point of intersection of the two street rights-of-way along the two right-of-way lines. Next, draw a third straight line between the ends of the first two lines to form the vision clearance triangle.
    2. Where a private driveway or alley intersects with a public street. To draw the first two lines of the triangle, measure from the point of intersection between the public street right-of-way and the private driveway/alley surface edge a distance of 10 feet where the intersecting local street is a local street, 15 feet where a collector street, and 20 feet where an arterial street. Next, draw a third straight line between the ends of the first two lines to form the vision clearance triangle.

[Amended via Ord. 20-013, 9/25/2020]

Figure 12.08: Representation of Minimum Dimensional Requirements Affecting Vehicular Access


Minimum Distances/Widths A: Generally 75 to 300 feet (see Chapter 71 of Code)) B: 12 feet for one-way/24 feet for two-way (for non-residential uses) C: 20 feet (for non-residential uses) D: 10 ft for local street, 15 ft for collector street, 20 ft for arterial street E: 20 feet (on each non-hypotenuse side) F: 10 feet (8 ½ feet for end spaces) G: 18 feet H: 6 feet (where vehicles parked against walkway)
HISTORY
Amended by Ord. 16-028 on 5/18/2016
Amended by Ord. 17-008 on 4/19/2017
Amended by Ord. 24-015 on 10/21/2024
Amended by Ord. 24-022 on 12/16/2024

Sec 94.12.09 Off-Street Parking And Traffic Circulation Standards

  1. Purpose and Applicability.
    1. 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.
    2. The requirements of this Section shall apply to all uses other than agricultural uses.
    3. The requirements of this Section shall not apply to the ordinary maintenance and repairs of existing parking, driveway, and other circulation areas. Ordinary maintenance and repairs are defined as activities that are reasonably necessary to extend the life and/or prevent the deterioration of the surface, including sweeping, pot hole filling, chip and crack sealing, resealing (but not resurfacing), and replenishment of gravel to an approved gravel surface where hard-surfacing is not otherwise required by this Section.
  2. Depiction on Required Site Plan; Parking Lot Permit. Any and all proposed parking and traffic circulation areas shall be depicted as to their location and configuration on the site plan, if a site plan is required under Section 94.3.03(10). For any construction, expansion, or reconstruction of a parking lot with six or more parking spaces, where a site plan is not required under Section 94.3.03(10), a parking lot permit shall instead be required. Such permit shall be issued by the Zoning Administrator, following submittal of a completed application form, all required material under such form, payment of the associated fee per the Village’s fee schedule, and the Zoning Administrator’s determination of compliance with applicable requirements of this Chapter.

  3. Use of Off-Street Parking Areas; Snow Storage. Except as otherwise allowed below, the use of all off-street parking areas shall be limited to the parking of licensed and operable vehicles not for lease, rent, or sale. Within residentially zoned property, only licensed and operable cars and trucks with a rated gross vehicle weight of 26,000 pounds or less shall be parked or kept in parking areas or any other exterior location. The use of parking spaces and their circulation areas for purposes such as seasonal sales and snow storage shall be permitted only if sufficient parking spaces remain available to meet the parking requirements of this chapter and normal traffic and pedestrian movement and safety is not impeded.
  4. 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 and traffic control measures shall conform to the general rules of the road and the requirements of the Manual of Uniform Traffic Control Devices.
  5. 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.
  6. Off-Street Parking and Traffic Circulation Design Standards.
    1. Surfacing. All off-street parking, driveway, and traffic circulation areas constructed or expanded after March 18, 2015, including residential driveways and former gravel surfaces proposed for refurbishment, shall be surfaced and continuously maintained with a hard surface as defined in Section 94.17.04, except that gravel, crushed stone, or a similar material is permitted for:
      1. Agricultural uses.
      2. Driveways in rural and open space zoning districts, where the intersecting road is gravel, or the driveway is greater than 50 feet in length.
      3. Emergency access driveways where required or approved by the Zoning Administrator.
      4. Lightly traveled service drives for non-residential uses where included as part of an approved site plan under Section 94.16.09, and where in the Village at least the first 50 feet connecting to a public street is hard surfaced.
      In cases where gravel or crushed stone is permitted under one of the above exceptions, the portion of the driveway within the public street right-of-way shall be hard surfaced, except where serving agricultural uses, where the intersecting public road is gravel surfaced, or for uses outside of non-residential and mixed-use zoning districts in the ETZ area. Where any gravel or crushed stone driveway exists, the Village Public Works Director may require a hard surface tracking pad adjacent to the public street right-of-way, or other remedial action, if he or she determines that gravel or stone is being tracked into the public street.
    2. Marking. All hard-surfaced areas intended for six or more parking stalls shall be striped in a manner that clearly indicates the boundaries of required parking spaces.
    3. Curbing. For developments that require site plan approval under this Chapter, construction of concrete curb and gutter shall be required around all parking lots, driveways, other vehicular access areas, and landscaped islands and peninsulas within such areas. The site plan approval authority may modify this standard in one or more of the following circumstances:
      1. To facilitate a unique stormwater management approach or condition.
      2. For lightly traveled service or emergency access drives.
      3. At the edges of a phase of development of a parking area.
      4. Around paved areas primarily used for the storage of waste, snow, or other materials, as opposed to vehicle parking or circulation.
      5. For approved gravel surfaced areas.
      6. Within industrial zoning districts, where the public street providing access to the site does not have curb and gutter or where the parking lot, driveway, other vehicular access area, and landscaped islands and peninsulas will not be visible or accessible to the public.
      7. For reconstruction or resurfacing of existing parking lots, or expansion of existing parking lots where the size of the expansion plus any other expansions in the previous five years does not exceed 50% of the parking lot area before such expansion(s).
    4. 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, with said illumination level shall not exceeding the standards of Section 94.12.11.
    5. 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. 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 that least interferes with traffic movements and meets subsection (6) where applicable. Off-street parking spaces for residential uses may be stacked or in front of one-another for the same dwelling unit. Parking spaces located behind an enclosed garage and located directly off a through driveway or aisle shall be a minimum of 30 feet deep to be counted towards meeting required parking space minimums.
    6. Signage. All signage located within, or related to, required off-street parking or traffic circulation areas shall comply with the requirements of Article 13.
    7. Handicapped Parking Spaces. Parking for the handicapped shall be provided at a size, number, location, design, and with signage as specified by State and Federal regulations.
    8. Dimensional Standards. Other than parking required to serve the handicapped, the minimum required length of parking spaces shall be 18 feet and the minimum required width is 10 feet (8½ feet for end spaces). All parking spaces shall have a minimum vertical clearance of 8 feet. Horizontal widths for driveways serving parking spaces shall be no less than 24 feet for two-way driveways and 12 feet for one-way driveways, except that wider driveways may be required for loading and service routes.
    9. Landscaping Standards. Parking lot landscaping shall comply with the hard and gravel surface area landscaping requirements in Section 94.11.02(3)(b), as may be modified under Section 94.11.02(1)(e). Provided that the project does not involve an area expansion, such landscaping requirements shall not apply to the reconstruction; resurfacing; reconfiguration; restriping; or conversion from a gravel, crushed stone, grass, or similar surface to a hard surface as defined in Section 94.17.04 of a parking lot, driveway, or vehicle circulation area legally constructed before March 18, 2015.
    10. Setback Requirements. See Figures 5.01(2) and 5.02(2) for hard and gravel surface setback requirements that apply to off-street parking, driveway, and traffic circulation areas, except for the reconstruction, resurfacing, reconfiguration, or restriping of a parking lot, driveway, or vehicle circulation area existing before March 18, 2015 and not meeting such setback requirements, provided that the project does not involve an area expansion or conversion from a gravel, crushed stone, grass, or similar surface to a hard surface as defined in Section 94.17.04. In the instance of such expansion or conversion, parking lot setbacks shall comply with Figures 5.01(2) and 5.02(2).

  7. Calculation of Minimum Required Parking Spaces. The minimum number of required parking spaces is stated for each land use in Article 4. In the case of uses not mentioned in Article 4, the site plan approval authority may regulate minimum parking requirements using a regulation of a listed use they deem to be similar. A garage stall shall be considered a parking space.
  8. Potential Reduction in Automobile Parking Spaces. The site plan approval authority may approve a decrease in the required number of off-street automobile parking spaces for each land use in Article 4 by up to 25 percent of the normal requirement. Such a reduction must be supported by technical documentation furnished by the applicant that indicates that actual off-street parking demand for that particular use is less than the normally required minimum.
  9. Partial Development of Required Parking Spaces. The applicant for any development may seek permission to not install a portion of its required parking at time of site plan approval; however, said site plan shall depict the minimum number of required parking spaces to be available for future construction.
  10. Limit on the Maximum Number of Required Parking Spaces. No site plan may be approved for a multi-family residential or non-residential use that contains more than 150 percent of the use’s minimum number of required parking spaces under Article 4, except by conditional use permit.
  11. Joint and Off-Site Parking Facilities
    1. Parking facilities providing required parking for one or more uses shall provide a total number of parking spaces that 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, unless reduced by the site plan approval authority per subsection (8).
    2. To obtain a greater reduction in required parking spaces that is enabled under subsection (8), the applicant(s) for approval of a joint parking facility shall demonstrate that there is no substantial conflict in the demand for parking during the principal operating hours of the two or more uses the joint parking facility is proposed to serve.
    3. A legally binding instrument, addressing the particulars of the parking arrangement and potentially limiting future change of uses, shall be executed by any and all parties to be served by said joint parking facility, where there is a reduction in required parking spaces that is greater than that enabled under subsection (8). This instrument shall be approved by the Village Attorney, recorded with the Register of Deeds Office prior to the issuance of any zoning permit or building permit associated with the facility, and filed with the Zoning Administrator once recorded.
  12. Locational Prohibitions for Parking. 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 within parking lots designated on any approved site plan. No parking shall occur on street terraces, or over public sidewalks or multiuse paths , except by conditional use permit. See also Section 94.12.07(9) and Figures 5.01(2) and 5.02(2).
  13. Minimum Permitted Throat Length. All uses requiring site plan approval shall have a minimum permitted throat length of access drives serving parking lots of 20 feet from the nearest street right-of-way, except as modified by the site plan approval authority based on unique or pre-existing site conditions and suitable assurance that traffic will not back up into public rights-of-way.
  14. Bicycle Parking. For all multi-family, commercial, and institutional uses, a minimum of two bicycle spaces shall be provided except as otherwise waived by this code or modified by the site plan approval authority based on unique or pre-existing site conditions or operational plan. For all uses requiring 20 or more vehicle parking spaces, with the exception of projects consisting of reconstruction, resurfacing, reconfiguration, or restriping of parking lot , driveway, or vehicle circulation area legally constructed before March 18, 2015, a number of off-street bicycle parking spaces shall be provided equal to five percent of the automobile parking space requirement, with no fewer than two bicycle parking spaces provided for all uses requiring 20 or more vehicular parking spaces. The "inverted-U" type bike rack is the preferred bicycle parking rack and means of providing off-street bicycle parking spaces as required in this section, other acceptable types of bicycle parking racks may be approved at the discretion of the site plan approval authority. Each “Inverted-U” or similar type rack counts as two bicycle parking spaces. All bicycle parking shall be on a hard-surfaced area in a location accessible to building entrances. Bicycle parking spaces shall be installed in conformance with setback requirements applicable to automobile parking lots. The spaces shall be placed where bicyclists would naturally transition to pedestrian mode. The placement of the racks shall not conflict with pedestrians and motorized traffic.
  15. Pedestrian Facilities.
    1. The site shall provide for safe pedestrian and bicycle access to all uses, and connections to existing and planned public pedestrian and bicycle facilities and adjacent properties.
    2. Pedestrian walkways shall be provided from all building entrances to existing or planned public sidewalks and/or pedestrian/bike facilities. The minimum width for sidewalks adjacent to buildings shall be five feet.
    3. Sidewalks other than street sidewalks or building aprons shall have adjoining landscaping along at least 50 percent of their length if said sidewalk is over 50 feet in length.
    4. Crosswalks shall be distinguished from driving surfaces to enhance pedestrian safety by using different materials, or colors, or textures, and signage.
    5. Projects involving the reconstruction, resurfacing, reconfiguration, or restriping of a parking lot, driveway, or vehicle circulation area legally constructed before March 18, 2015 shall meet subsection (15) to the extent the Zoning Administrator determines practical.
HISTORY
Amended by Ord. 16-028 on 5/18/2016
Amended by Ord. 19-001 on 1/23/2019
Amended by Ord. 23-016 on 10/20/2023
Amended by Ord. 24-022 on 12/16/2024

Sec 94.12.10 Off-Street Loading Standards

  1. Purpose. The purpose of this Section is to prevent congestion of public rights-of-way and private lots so as to promote the safety and general welfare of the public by establishing minimum requirements for the provision of loading facilities on various sites.
  2. Applicability. Any new building that has a gross floor area of 10,000 square feet or more and that requires regular deliveries, or makes regular shipments from semi-trucks and trailers, shall provide off-street loading facilities in accordance with the regulations of this Section, except for agricultural uses.
  3. Location
    1. All loading berths shall be at least 25 feet from the intersection of two street right-of-way lines.
    2. In commercial and institutional zoning districts, loading berths shall not be located along any front façade or street side façade of any building. In all other districts, loading berths shall not be located within any minimum required front yard or street side yard.
    3. All loading and vehicle maneuvering 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 or minimum required hard and gravel surface setback in Figures 5.01(2) and 5.02(2).
  4. Size of Loading Area. The first required loading berth shall be designed in accordance with Figure 12.10. All remaining required loading berths shall be a minimum of 50 feet in length and 10 feet in width. All required loading berths shall have a minimum vertical clearance of 14 feet.
  5. Access to Loading Area. Each loading area shall be located so as to facilitate access to a public street or alley, shall not interfere with other vehicular or pedestrian traffic, and shall not interfere with the function of parking areas. Loading areas shall not rely on backing movements into public rights-of-way, except where building or site conditions established before March 18, 2015 require such movements.
  6. Surfacing and Marking. All required loading areas shall be hard surfaced as defined in Section 94.17.04. Said surface shall be marked in a manner that clearly indicates required loading areas.
  7. 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.
  8. Depiction on Required Site Plan. Any and all proposed or required loading areas and trailer and container storage areas shall be depicted as to their location and configuration on any required site plan.
  9. Calculation of Required Loading Spaces.
    1. Indoor Institutional and Recreational Land Uses. One loading berth shall be required for each building with a gross floor area of 10,000 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 10,000 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 10,000 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.

    Figure 12.10: Loading Standards

    Design VehicleLength in FeetDock Angle (a)Clearance in Feet (D)Berth Width in Feet (W)Apron Space in Feet (A)Total Offset in Feet (F)
    Semitrailer (Model WB-40) 50 90°501063113
    1256106
    1452102
    60°44104690
    124084
    143579
    45°36103773
    123268
    142965
    Semitrailer Combination (Model WB-50)5590°551077132
    1272127
    1467122
    60°481055103
    125199
    144694
    45°39104584
    124079
    143776

Sec 94.12.11 Exterior Lighting Standards

  1. Purpose. The purpose of this Section is to regulate the spill-over 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.
  2. Applicability. The requirements of this Section apply to all exterior lighting and all interior light visible from the exterior on private property within the jurisdiction of this Chapter, except for lighting within public rights-of-way; on communications towers or airports, heliports, helipads, or other similar facilities where required to meet federal and state safety regulations; and as excepted in subsection (10).
  3. Depiction on Required Site Plan. Any and all exterior lighting shall be depicted as to its location, orientation, and configuration on any site plan, if required under Section 94.3.03(10).
  4. Orientation of Fixture. In no instance shall an exterior lighting fixture be oriented so that the lighting element (or a clear shield) is visible from a residentially zoned property or allowed to direct light skyward. Shielded luminaries and careful fixture placement shall be used to ensure that exterior lighting prevents direct lighting above a horizontal plane, except that architectural lighting that focuses all light below the roof line may exceed the horizontal plane. Search lights are prohibited except for any search light deemed necessary by the FAA.

    Figure 12.11: Illustration of Required Pole Lighting Orientation and Height

  5. Intensity of Illumination. The amount of illumination attributable to exterior lighting, as measured at the property line, shall not exceed 1.0 footcandle above ambient lighting conditions on a cloudless night. The maximum average lighting within any lit area shall not exceed 5.0 footcandles, except where the Zoning Administrator determines that greater illumination is necessary for public safety.
  6. Fixture Heights. The maximum height from the base of the pole or its support to the fixture shall be 20 feet in residential, rural, and open space zoning districts, and 35 feet in all other districts.
  7. Location. Light fixtures shall not be located within any required bufferyard under this Chapter, or closer than three feet from a property line.
  8. Flashing, Flickering and other Distracting Lighting. Flashing, flickering, moving (such as search spot or search lights), and/or other lighting that may distract motorists is prohibited.
  9. Qualitative Requirements. Design and color of light fixtures and poles shall be compatible with building design and color on the same lot. Street intersections, driveway intersections, and pedestrian access routes shall be illuminated with lights of appropriate scale to the function, without providing an obviously uneven illumination pattern across the site.
  10. Exceptions. The appropriate site plan approval authority may grant exceptions to the requirements of this Section in the following circumstances:
    1. Outdoor recreation use and assembly areas such as athletic fields.
    2. Gas station pump islands and other uses in which motor vehicles and pedestrians routinely operate in close proximity with one another. Use of recessed canopy lighting to minimize off-site impacts may be required.
    3. Lighting for special events, per an approved special event permit under Chapter 67 of the Municipal Code.
  11. Nonconforming Lighting. All lighting fixtures existing prior to the effective date of this Chapter shall be considered legal conforming structures and may be continued (see Article 15). However, as part of a site plan approval for a new, expanded, or remodeled project or use on the same site, the site plan approval authority may require that such lighting be reoriented to achieve greater or full compliance with this Section.

Sec 94.12.12 Vibration Standards

  1. Purpose. The purpose of this Section is to regulate the creation of vibration that adversely affects adjoining properties in order to prevent the creation of nuisances and to promote the general welfare of the public.
  2. Applicability. The requirements of this Section apply to all uses and activities that create detectable vibrations, except that these standards shall not apply to vibrations created during the construction of the principal use on a property.
  3. Depiction on Required Site Plan. Any activity or equipment that creates detectable vibrations outside the confines of a building shall be depicted as to its location on the site plan, if required for the development of a property.
  4. Requirements. No activity or operation shall cause or create earthborn vibrations in excess of the displacement values given below. The Zoning Administrator may require the owner or operator of any use, facility, or operation suspected of being in violation of this Section to verify compliance by a licensed engineer at his, her, or its own expense.
  5. Method of Measurement. Measurements shall be made at or beyond the adjacent lot line or the nearest residential 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
  6. Standards in the GI General Industrial District. In the GI 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 Figure 12.12(1) below.

    Figure 12.12(1): Maximum Vibration Levels, GI District

    LocationK
    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
  7. Standards in other Zoning Districts. In all other zoning districts, 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 Figure 12.12(2).

    Figure 12.12(2): Maximum Vibration Levels, All Zoning Districts except for GI District

    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

Sec 94.12.13 Noise Standards

  1. Applicability. The requirements of this Section apply to all uses and activities on real property that create detectable noise, except these standards shall not apply to incidental traffic, parking, loading, maintenance, or agricultural operations or where the activity is otherwise exempt or the standard is modified under state or federal law. The requirements in this Section shall be in addition to those in Section 50.103 of the Weston Municipal Code.
  2. Standards. In no event shall the sound-pressure level of noise radiated continuously from a facility exceed at the lot line of a property the values given in Figure 12.13(1) as measured by a Type 2 sound meter that is in compliance with ANSI standard S1.4-1983, at both the surface level and five feet above the surface level, and for a duration of four consecutive hours. Noise levels shall also meet the standards in Section 50.103 of the Weston Municipal Code.

    Figure 12.13(1): Maximum Permitted Noise Level at Lot Line for Noise Radiated Continuously*

    Zoning District
    Increase in Noise Level over Ambient Level
    All Residential Districts, RR-2, RR-5, PR, N, PD
    plus 3 dBA
    FP, AR, INT, B-1, B-2, B-3, BP, RM
    plus 5 dBA
    GI, LI
    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 Figure 12.13(2) below shall be added to or subtracted from each of the decibel levels given in this figure.


    Figure 12.13(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.
  3. Legal Nonconforming Noises. Noises that were in effect as of March 18, 2015 shall be considered legal nonconforming noises under this Chapter but may not be exempt from Chapter 50.103. 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.
  4. Compliance and Enforcement. The Zoning Administrator may require the owner or operator of any use, facility, or operation that the Zoning Administrator reasonably suspects is in violation of this Section to verify compliance, by a licensed acoustic engineer, at the owner’s or operator’s expense. Enforcement actions may be per Section 94.16.19, and per Section 50.103(h) and (k) of the Weston Municipal Code.
HISTORY
Amended by Ord. 16-046 - 94.12.13(2) on 12/21/2016
Amended by Ord. 21-011 on 5/17/2021

Sec 94.12.14 Air Pollution Standards

  1. 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 a property, or by incidental traffic, parking, loading, maintenance, or agricultural operations.
  2. The emission, from all sources within any lot, of particulate matter containing a section diameter larger than 44 microns is prohibited.
  3. 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.
  4. 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, surfacing, watering, or other acceptable means. This standard shall not apply to allowable agricultural uses within an agricultural zoning district.
  5. All uses shall comply with all applicable State and Federal standards.
  6. The Zoning Administrator may require the owner or operator of any use, facility, or operation suspected of being in violation of this Section to verify compliance by a certified air quality specialist at his, her, or its own expense.

Sec 94.12.15 Odor Standards

No land use shall cause any odor that is offensive to a person of reasonable sensibilities detectable at any lot line of any lot in a residential district for periods exceeding a total of 15 minutes of any day.

Sec 94.12.16 Glare And Heat Standards

  1. 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 a principal use, or by incidental traffic, parking, loading, maintenance, or agricultural operations.
  2. 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 any lot line of a property shall be permitted. 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 Energy Systems regulated by Wis. Stat. § 66.0401 shall be entitled to the protection of its provisions.

Sec 94.12.17 Fire And Explosion Standards

  1. Any use involving materials that could detonate shall locate such materials not less than 400 feet from any residentially zoned property, except that this standard shall not apply to the storage or usage of liquefied petroleum, diesel, or natural gas for normal on-site purposes. All activities and storage of flammable and explosive materials at any point shall be provided with adequate safety and firefighting devices in accordance with all fire prevention codes of the State of Wisconsin.
  2. All materials that have capabilities ranging from “active” to “intense” burning shall be manufactured, utilized, processed, and stored only in completely enclosed buildings that 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 that in Figure 12.17.

Figure 12.17: Maximum Aboveground Storage of Materials with Flammable or Explosive Vapors

Closed Cup Flash Point (degrees Fahrenheit)
Gallons
Over 18740,000
105—18720,000
Below 10510,000

Sec 94.12.18 Toxic Or Noxious Material Standards

  1. No use shall discharge across the boundaries of any 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 wastewater treatment 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.

Sec 94.12.19 Waste Material Standards

  1. No use shall discharge across the boundaries of any 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 wastewater treatment 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 and Wisconsin Department of Safety and Professional Services.

Sec 94.12.20 Hazardous Materials Standards

  1. Compliance with Statutes. All hazardous materials shall be regulated in accordance with the relevant Wisconsin Statutes or their successors:
    1. Micro-Organism Cultures subject to Wis. Stat § 94.65;
    2. Pesticides subject to Wis. Stat. § 94.67(25);
    3. Biological Products subject to Wis. Stat. § 95.39;
    4. Hazardous Substances subject to Wis. Stat. § 100.37(1)(c);
    5. Toxic Substances subject to Wis. Stat. § 101.58(2)(j);
    6. Infectious Agents subject to Wis. Stat. § 101.58(2)(f);
    7. Any material for which the State of Wisconsin requires notification of a local fire department; or
    8. Any other uses, activities, or materials which are subject to County, State, or Federal hazardous, or related, materials regulations.
  2. Notification of Use of Hazardous Materials. All land uses involving hazardous materials listed in this Section, except for agricultural uses, shall submit a written description of such materials and the operations involving such materials conducted on their property as part of any required site plan submittal.
  3. Risk Management and Emergency Response Program. As part of any permit review process under this Chapter, the Village may require such operator to prepare and submit a process safety management, risk management, containment, and emergency response program for approval by the Fire Chief. In the event of any spill or other accident involving toxic, hazardous, or radioactive materials, the responsible party shall immediately notify the Fire Department and HazMat team, and shall follow procedures specified in any approved process safety management, risk management, containment, and emergency response program.

Sec 94.12.21 Electromagnetic Emission Standards

No activity shall emit electrical, radioactive or other electromagnetic disturbances outside its premises that are dangerous to plant or animal life as determined by applicable federal or state regulation or which adversely affect the use of neighboring premises such as by interfering with the use or enjoyment of common household and business equipment such as radio, television, telephone, computer or facsimile operations, except where such activity is exempt or the standard is modified under state or federal law.

21-011

16-046

19-001

25-011

17-007

17-016

24-022

16-028

17-008

24-015

23-016