A.
The use of all buildings, structures, lands, air and waters shall
hereafter, in addition to complying with the use and area regulations
of each district and of other regulations of this chapter, also comply
with the following performance standards in this article.
B.
No land or building in any district shall be operated in such a manner
so as to create any dangerous, injurious, noxious or otherwise objectionable
fire, explosive or other hazard; noise or vibration, smoke, dust,
dirt or other form of air pollution; water pollution; electrical,
radioactive or other disturbances; glare; or other substance, condition
or element (referred to herein as "dangerous or objectionable elements")
in such amount as to adversely affect the surrounding area or premises,
provided that any use permitted by this chapter may be undertaken
and maintained if it conforms to the regulations of this article limiting
dangerous and objectionable elements at the specified point or points
of the determination of their existence.
The determination of the existence of any dangerous and objectionable
elements shall be made at:
A.
The point or points where such elements shall be most apparent for
fire and explosion hazards, for radioactivity and electrical disturbances,
or for smoke and other forms of air pollution.
B.
The property lines of the use creating such elements for vibration,
glare and odors.
C.
The district lines of the A and I Districts for odor for permitted
agricultural and industrial uses.
D.
The boundary or at any point within the boundary of the property
affected for exterior noise limits.
E.
At any point inside a neighboring receiving dwelling unit for interior
noise limits.
No activity shall emit any fly ash, dust, fumes, vapors, smoke,
mists or gases in such quantities as to cause soiling or danger to
the health of persons, animals, vegetation or other forms of property.
No activity shall emit any liquid or solid particles in concentrations
exceeding 0.3 grain per cubic foot of the conveying gas nor any color
visible smoke equal to or darker than No. 2 on the Ringelmann Chart
described in Ch. NR 403, Wis. Adm. Code, and amendments thereto.
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.
All activities involving the manufacturing, utilization, processing
or storage of flammable and explosive materials shall be provided
with adequate safety devices against the hazard of fire and explosion
and with adequate firefighting and fire-suppression equipment and
devices that are standard in the industry. All materials that range
from active to intense burning shall be manufactured, utilized, processed
and stored only in completely enclosed buildings which have incombustible
exterior walls and an automatic fire-extinguishing system. The aboveground
storage capacity of materials that produce flammable or explosive
vapors shall not exceed the following:
|
Closed-Cup Flash Point
|
Gallons
|
|---|---|
|
Over 187° F.
|
40,000
|
|
105° F. to 187° F.
|
20,000
|
|
Below 105° F.
|
10,000
|
No activity shall emit glare or heat that is visible or measurable
at the boundaries of the lot on which the principal use is located.
All operations producing intense glare or heat shall be conducted
within a completely enclosed building. Exposed sources of light shall
be shielded so that the direct rays are not visible outside their
premises.
A.
Exterior noise limits. No person shall operate or cause to be operated
any source of sound at any location in the Village or allow the creation
of any noise on property owned, leased, occupied, or otherwise controlled
by such person which causes the noise level to exceed the limits given
in Table 1.
|
Table 1: Exterior Noise Limits
| |||
|---|---|---|---|
|
Noise Level [dB(A)]
| |||
|
Receiving Land Use Zoning Districts
|
10:00 p.m. to 7:00 a.m.
|
7:00 a.m. to 10:00 p.m.
| |
|
R-1A, R-1B, IR-1, R-1, R-2 and IR-2
|
45
|
55
| |
|
R-3, R-4, R-6 and C-3
|
50
|
60
| |
|
C-1, C-2 and C-4
|
60
|
65
| |
|
I
|
70
|
70
| |
B.
Corrections to exterior noise-level limits.
(1)
If the noise is continuous, the sound level will be represented by
any lesser time period within that hour. Noise measurements of a few
minutes only will thus suffice to define the noise level.
(2)
If the noise is intermittent, the noise level may be represented
by a time period typical of the operating cycle. Measurement shall
be made of a representative number of noisy/quiet periods of no less
than 15 minutes.
(3)
In the event the alleged offensive noise, as judged by the Zoning
Administrator, contains a steady, audible sound such as a whine, screech,
or hum, or contains a repetitive impulsive noise such as hammering
or riveting, the standard limits set forth in Table 1 shall be reduced
by five dB.
(4)
If the measured ambient level exceeds that permissible in Table 1,
the allowable noise exposure standard shall be the ambient noise level.
The ambient level shall be measured when the alleged noise violation's
source is not operating.
C.
Interior noise limits.
(1)
No person shall operate or cause to operate any source of sound within
a residential dwelling unit or allow the creation of any noise on
property owned, leased, occupied, or otherwise controlled by such
person which causes the noise level when measured inside a neighboring
receiving dwelling unit to exceed applicable limits given in Table
2.
|
Table 2: Interior Noise Limits
| |||||
|---|---|---|---|---|---|
|
Type of Land Use
|
Time Interval
|
Noise Level [dB(A)] Not To Be Exceeded
| |||
|
Multifamily residential
|
Any time
|
1 minute in 1 hour
|
5 minutes in 1 hour
| ||
|
10:00 p.m. to 7:00 a.m.
|
45
|
40
|
35
| ||
|
7:00 a.m. to 10:00 p.m.
|
55
|
50
|
45
| ||
(2)
If the ambient noise level inside the receiving dwelling unit exceeds
that permissible within any of the noise limit categories in Table
2, the allowable noise exposure standard in that category shall be
the measured ambient for a cumulative period of five minutes in any
hour, ambient plus 5 dB(A) for one minute in any hour, and shall not
exceed the ambient plus 10 dB(A) at any time.
D.
Prohibited acts.
(1)
Noise disturbances prohibited. No person shall unnecessarily make,
continue, or cause to be made or continued any noise disturbance.
(2)
Specific prohibitions. The acts set fourth in this subsection, and
the causing or permitting thereof, are declared to be in violation
of this chapter:
(a)
Stationary nonemergency signaling devices. Sounding or permitting
the sounding of any electrically operated or electronically amplified
signal from any stationary bell, chime, siren, whistle, or similar
device, intended primarily for nonemergency purposes, from any place,
for more than 120 seconds continually, in an hourly period, or intermittent
sounding over a five-minute period in any hour.
(b)
Emergency signaling devices.
[1]
The intentional sounding or permitting the sounding outdoors of any fire, burglar, or civil defense alarm, siren, whistle, or similar stationary emergency signaling device, except for emergency purposes or for testing, as provided in Subsection D(2)(b)[2] of this section.
[2]
Testing of a stationary emergency signaling device shall not
occur before 7:00 a.m. or after 7:00 p.m. Any such testing shall use
only the minimum cycle test time. In no case shall such test time
exceed 60 seconds. Testing of the complete emergency signaling system,
including the functioning of the signaling device and the personnel
response to the signaling device, shall not occur more than once in
each calendar month.
[3]
Sounding or permitting the sounding of any exterior burglar
or fire alarm or any motor vehicle burglar alarm for more than 15
minutes is prohibited.
(c)
Noise-sensitive zones.
[1]
Creating or causing the creation of any sound within any noise-sensitive
zone, so as to exceed the specified land use noise standards set forth
in this section, provided that conspicuous signs are displayed indicating
the presence of the zone; or
[2]
Creating or causing the creation of any sound within or adjacent
to any noise-sensitive zone containing a hospital, nursing home, school,
court or other designated area, so as to interfere with the functions
of such activity or annoy the occupants in the activity, provided
that conspicuous signs are displayed indicating the presence of the
zone.
E.
Special exemptions.
(1)
Warning devices. Warning devices necessary for the protection of
public safety, such as, for example, police, fire, and ambulance sirens
and train horns, are exempted from the provisions of this section.
(2)
Outdoor activities. The provisions of this section shall not apply
to occasional outdoor gatherings, public dances, shows, and sporting
and entertainment events, provided that the events are conducted pursuant
to a permit or license issued by the Village relative to the staging
of the events.
(3)
Exemptions from exterior noise standards. The noise standards of Subsection A shall not apply to the following activities:
(a)
Regularly scheduled school athletic events and activities.
(b)
Street sales.
(c)
Construction/demolition.
(d)
Stationary nonemergency signaling devices.
(e)
Emergency signaling devices.
(f)
Motor vehicle horns or engines operating on a public right-of-way.
(g)
Any operations existing on the date of enactment of this chapter.
No activity shall emit any odorous matter of such nature or
quantity as to be offensive, obnoxious or unhealthful outside its
premises. The guide for determining odor measurement and control shall
be Ch. NR 429, Wis. Adm. Code, and amendments thereto.
A.
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:
|
Displacement
(inches)
| |||
|---|---|---|---|
|
Frequency
(cycles per second)
|
Outside the Premises
|
Outside the District
| |
|
0 to 10
|
0.0020
|
0.0004
| |
|
10 to 20
|
0.0010
|
0.0002
| |
|
20 to 30
|
0.0006
|
0.0001
| |
|
30 to 40
|
0.0004
|
0.0001
| |
|
40 to 50
|
0.0003
|
0.0001
| |
|
50 and over
|
0.0002
|
0.0001
| |
