All land uses and activities, unless otherwise specified, in the city of Whitewater established after June 24, 1982, the effective date of the ordinance codified in this title, shall comply with the standards set out in this chapter.

(Ord. No. 1914A, 2-18-2016)

No activity shall emit any fly ash, dust, fumes, vapors, mists or gases in such quantities as to cause soiling, or danger to the health of persons, animals, vegetation or other forms of property.

(Ord. No. 1914A, 2-18-2016)

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. Such activities shall be located and managed in a manner so as not to endanger any adjoining properties or the public in general.

(Ord. No. 1914A, 2-18-2016)

No activity shall emit glare or heat that is visible or measurable outside its premises, except activities in the M-1, M-2 or WUTP districts which may emit direct or sky-reflected glare which shall not be visible outside the 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.

(Ord. No. 1914A, 2-18-2016)

No activity shall discharge at any point onto any land or into any water or public sewer any materials of such nature, quantity, noxiousness, toxicity or temperature which can contaminate, pollute or harm the quantity or quality of any water supply, can cause the emission of dangerous or offensive elements, can overload the existing municipal utilities, or can injure or damage persons or property. No such wastes shall be stored in the city for a period longer than three months.

(Ord. No. 1914A, 2-18-2016)

A.

No activity shall produce a sound-level extending outside its premises that exceeds the following:

B.

All noise shall be so muffled or otherwise controlled as not to become objectionable due to intermittence, duration, beat frequency, impulse character, periodic character or shrillness. Sirens, whistles, horns, power speakers and bells which are maintained and utilized solely to serve a public emergency purpose are exempt from the sound-level standards of this title.

(Ord. No. 1914A, 2-18-2016)

No activity shall emit vibrations which are discernible without instruments outside its premises.

(Ord. No. 1914A, 2-18-2016)

No activity shall emit any odorous matter of such nature or quantity to be offensive, obnoxious or unhealthful outside their premises.

(Ord. No. 1914A, 2-18-2016)

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

(Ord. No. 1914A, 2-18-2016)

No land shall be used or structure erected where the land is held unsuitable for such use or structure by the city zoning administrator or plan commission by reason of flooding, concentrated runoff, inadequate drainage, adverse soil or rock formation, unfavorable topography, erosion susceptibility, or any other feature likely to be harmful to the health, safety, prosperity, aesthetics and general welfare of this community. In applying this provision, the city may deny or condition the granting of a zoning permit. The city shall, in writing, recite the particular facts upon which it bases its conclusion that the land is not suitable for certain uses. The applicant shall have the opportunity to present evidence contesting such unsuitability to the board of zoning appeals in compliance with the requirements of Chapter 19.72.

(Ord. No. 1914A, 2-18-2016)

In order to preserve the natural topography as much as possible and in order to protect against danger and damage caused by manmade changes in the existing topography, no lots nor portions of lots nor any parcels of land shall be excavated or filled unless the following conditions are met:

A.

If a difference in grade between two adjacent lots along a lot line is to be not greater at any point than two feet, this difference in levels may be sloped toward or away from the lot line at a gradient of one foot vertical to two feet horizontal, and as soon as practicable must be covered adequately with topsoil and sodded or seeded to prevent erosion so as to assure acceptable restoration; or, a satisfactory retaining wall of stone, concrete or other suitable masonry material shall be constructed to retain the higher ground. Within a single lot, any excavation or fill not exceeding two feet vertical shall also be treated in this same manner.

B.

If a difference in grade between two adjacent lots along a lot line, or wholly within a single lot, is to be greater than two feet at any point, the following procedure shall govern:

1.

No slope to be covered with sod, grass seed or other natural plant material may exceed a gradient of one foot vertical to two feet horizontal;

2.

A slope covered with a stone riprap construction may not exceed a gradient of one foot vertical to one foot horizontal;

3.

A difference in adjacent grades may be held by an approved type of retaining wall which is also protected for safety.

C.

Alterations to existing drainage ways or water flows that would cause material detriment to adjoining property shall not be permitted.

(Ord. No. 1914A, 2-18-2016)

A.

Within the city, no dwelling unit shall be constructed or remodeled to have less living area than the following minimum standards:

B.

For the purpose of this section, "floor area" shall be the sum of the several floors of a building used for human occupancy or use, as measured from the interior faces of the walls, but not including basement, garages, porches, breezeways of common hallways and unfinished attics.

(Ord. No. 1914A, 2-18-2016)

Where screens or buffers are required by this title or by the plan and architectural review commission to reduce the impact of proposed uses on adjacent properties, the following standards shall be followed. Buffer yards and screens may be required jointly or separately.

A.

Landscaped Buffer Yards.

1.

Buffer yards are horizontal separations along lot lines that are intended to increase the physical separation between uses. The width of the required buffer yard shall be determined by the plan and architectural review commission or zoning administrator. The minimum width shall be the greater of ten feet or the width of the required yard abutting a less intensive zoning district, if a specific buffer yard requirement is established in a particular zoning district.

2.

All buffer yards shall be attractively landscaped with a minimum of two canopy/shade trees, five understory evergreen trees and twelve shrubs planted for every one hundred feet of buffer yard length. A substitute treatment incorporating plantings and/or a decorative fence or wall is acceptable if approved by the plan and architectural review commission. All buffer yards shall be kept free of debris and noxious weeds. No structure, activity, storage of materials, parking of vehicles or loading shall be permitted in a buffer yard, except emergency, cross, and pedestrian access. Maintenance of buffer yards shall be the continuing obligation of the owner of the property.

B.

Screens.

1.

Screens and barriers located in a limited space, ten feet or less, intended to perform a buffering effect, particularly for noise reduction or visual screening. Screens may consist of existing or planted vegetation, fences, walls, earth berms, or similar techniques. Plant screens shall be sufficient to provide a year-round screen within two years of installation. Walls or earth berms shall be required where noise reduction is necessary.

2.

Screen plantings shall be permanently maintained by the owner of the property, and any plant materials which do not live shall be replaced within six months.

3.

The height of walls and fences shall be regulated by the provisions of Section 19.06.120.

(Ord. No. 1914A, 2-18-2016)

A.

Purpose. The purpose of this section is to provide for adequate and safe lighting of private property, while limiting light spillover and glare onto adjacent properties and public streets. Such limitations are intended to prevent the creation of nuisances, promote traffic safety, conserve energy, preserve the area's dark sky and support astronomy.

B.

Applicability. This section shall be applied to the installation of all new and replacement private outdoor lighting fixtures. Outdoor lighting fixtures legally installed prior to the effective date of the ordinance codified in this chapter shall not be required to comply with these outdoor lighting standards; however, any replacement of the lighting fixtures shall comply with all outdoor lighting standards as set forth in this section.

C.

Required Lighting Plan. Where a development requires site plan review under Chapter 19.63, all outdoor lighting fixtures shall be depicted and described on the required site plan or on a separate lighting plan. The zoning administrator may also require the following information:

1.

A catalog page, cut sheet or photograph of the outdoor lighting fixture(s) including the mounting method and light cutoff angles;

2.

A photometric plot plan, drawn to the same scale as the site plan, and indicating the location of all lighting fixtures proposed, mounting and/or installation height in feet, the average illumination level (in footcandles) within the parking lot, and illumination levels at regular intervals around the site and at property lines.

D.

Maximum Luminaire Height. The maximum permitted luminaire height shall be thirty-five feet in all commercial, industrial and institutional districts, and twenty-five feet in all residential districts. The height of both the pole and base shall be considered in the measurement of luminaire height.

E.

Maximum Illumination Levels. Average illumination levels within parking lots shall not exceed 1.0 footcandle within residential districts, and 2.5 footcandles within all other districts. The illumination level at any property line shall not exceed 0.5 footcandles above the ambient lighting conditions on a cloudless night where the property adjoins land in a residential district, and 2.0 footcandles above the ambient lighting conditions on a cloudless night where the property adjoins land in any other zoning district. The plan and architectural review commission may agree to allow greater lighting levels based on specific and reasonable written justification provided by the applicant. In no instance shall a commercial outdoor lighting fixture be mounted or oriented such that the lighting element is visible from a property in a residential district.

F.

Use of Shielded Light Fixtures. All outdoor lighting fixtures shall be shielded as defined in Section 19.09.623, except incandescent fixtures of one hundred fifty watts or less, other sources of seventy watts or less, lighting within public street rights-of-way and lighting required for a specialized security or safety purpose. No searchlights shall be permitted.

G.

Types of Light Source. No flickering or flashing lights shall be permitted, except low wattage seasonal lighting between November 1 and January 31 and lighting required for a specialized security or safety purpose.

H.

Location. No exterior light fixture shall be located within any required landscape bufferyard or within three feet of any property line.

I.

Hours of Illumination. Within one hour after closing of the store, completion of the final work shift, or completion of specific activities associated with an institutional use, only building mounted security lighting and up to twenty-five percent of all other outdoor lighting fixtures may remain illuminated.

J.

Exterior Lighting for Outdoor Recreational Uses. Ball diamonds, playing fields, golf driving ranges, tennis courts, parks and similar outdoor recreational uses may be exempted from one or more of the outdoor lighting standards of this section if approved by the plan and architectural review commission through site plan review.

K.

Street Lighting. Street lighting shall conform to the standards set forth by the state for state and federal highways, appropriate county for county highways and the city for city streets and highways.

(Ord. No. 1914A, 2-18-2016)

Horses may be kept as an accessory use in any zoning district, upon the granting of a conditional use permit, and subject to the following standards:

The lot on which the horses will be kept and exercised shall be not less than two acres in total area.

For each horse kept on the lot, there shall be a minimum of one acre of open usable land for horse exercise and manure management. Such open land may not include wetlands, woodlands, lands with over a twelve-percent slope, or lands within seventy-five feet of wetlands or navigable water.

Outdoor horse containment areas, including, but not limited to barns and exercise areas, shall be completely enclosed and shall meet the standards of Wisconsin Statutes ch. 90 (fences).

The use shall meet and maintain specific conditions of the conditional use permit approval including, but not limited to, the protection of human, animal, and environmental health; and the character of the surrounding neighborhood and publicly owned lands.

The applicant is required to submit a manure management plan that must be approved by the neighborhood services director. Manure storage shall be designed to limit leachate entering surface and ground water. Manure must be placed at least fifty feet from property lines and at least one hundred feet from wetlands and surface water.

(Ord. No. 1914A, 2-18-2016; Ord. No. 1918A, § 1, 4-19-2016)