The purpose of this article is to indicate the requirements for access, visibility, off-street parking, off-street loading, exterior storage, exterior lighting, vibration, noise, air pollution, odors, electromagnetic radiation, glare and heat, fire and explosion, toxic and noxious materials, waste materials, drainage, exterior construction materials, and hazardous materials for all development occurring within the jurisdiction of this chapter (see § 250-9).
A.
Purpose. 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 access to public rights-of-way in accordance with the utilization
of various sites.
B.
Permit required. Each access point onto a public street or right-of-way
shall have a permit issued by the Director of Public Works per § 86.07(2),
Wis. Stats.
C.
Number of access points.
(1)
Each lot shall have not more than two access points on any street
frontage adjacent to any lot. Said access shall require approval by
the Zoning Administrator or the Director of Public Works.
(2)
In no instance shall any lot be permitted more than one access point
on any one street if its frontage on said street is less than 100
linear feet (as measured along the right-of-way line).
(3)
On arterial streets and in certain areas experiencing or expected
to experience congestion and/or safety problems, access to a lot may
be required to be located via an access point located on an adjacent
property or another street frontage.
(4)
For residential uses, two access points serving the same street frontage
may be approved as a conditional use.
D.
Residential uses. Residential uses shall not have access points onto
a nonresidential collector or arterial street unless such street has
the only available frontage.
E.
Nonresidential uses. Nonresidential uses shall not have access points
onto a residential street unless such street has the only available
frontage.
F.
Access near street intersections. At its intersection with the street
right-of-way line on an arterial or nonresidential collector street,
no access point shall be located closer than 100 feet from the intersection
of any two street rights-of-way unless such street is the only available
frontage on the subject property. In all cases, access points shall
be located as far from an intersection as the lot size permits.
G.
Distance between access drives. The minimum distance between access
drives serving the same property shall be 25 feet (edge to edge),
as measured at the property line. A distance in excess of said 25
feet may be required if, in the opinion of the Zoning Administrator
and the Village Engineer or the Director of Public Works, present
or projected traffic factors warrant a greater distance.
H.
Angle of intersection with public right-of-way. All access drives
shall intersect with any public right-of-way at an angle of not less
than 75° and shall intersect at an angle of 90° wherever possible.
I.
Distance from property line. The distance from an access drive to
the property line of an adjacent property shall not be less than five
feet, as measured along the right-of-way line.
J.
Width of driveways. All access drives shall have a minimum width
of 10 feet for one- and two-family dwellings and 18 feet for all other
land uses. All curb openings for access drives shall have a maximum
width of 25 feet for all residential uses and 35 feet for all nonresidential
uses, as measured at the right-of-way line. All curb openings for
nonresidential access drives shall be a maximum of 50 feet on Bobcat
Lane, Grell Lane and Else Street. Access drives may be flared between
the right-of-way line and the roadway up to a maximum of five additional
feet.
[Amended 7-1-2004 by Ord. No. 17-04]
K.
Traffic control. The traffic generated by any use shall be channelized
and controlled in a manner which avoids congestion on public streets
and other safety hazards. 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 pedestrianways.
Traffic control devices shall be required as determined by the Village
Engineer or the Director of Public Works.
L.
Depiction on required site plan. Any and all proposed access drives on the subject property shall be depicted as to their location and configuration on the site plan required for the development of the subject property. (Refer to § 250-127.)
M.
Paving of access. All access approach areas located within a street
right-of-way shall be paved to the satisfaction of the Village Engineer
or the Director of Public Works with a hard, all-weather surface and
shall be maintained so as to prevent the transport of gravel, dirt
or other eroded material from the subject property into the right-of-way.
This requirement must be fulfilled before building occupancy, unless
granted a time-specific extension in writing by the Village Engineer,
Director of Public Works, or Building Inspector.
[Amended 6-23-2008 by Ord. No. 09-08]
A.
Purpose. 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 vehicular visibility.
B.
Requirement.
(1)
In order to provide a clear view of intersecting streets to motorists,
there shall be a triangular area of clear vision formed by the two
intersecting streets and a chord connecting said center lines, as
determined by the Village Engineer or the Director of Public Works.
Generally, the following standards shall apply:
|
Vision Clearance Triangle Standards
| ||
|---|---|---|
|
Right-of-Way Width
(feet)
|
Distance from Right-of-Way Intersection
(feet)
| |
|
Less than 50
|
50
| |
|
50
|
50
| |
|
51 to 60
|
40
| |
|
61 to 66
|
34
| |
|
67 to 82.5
|
15
| |
|
Greater than 82.5
|
15
| |
(2)
Within said triangular area, no signs, parking spaces, structures
or earthwork in excess of 30 inches, and no vegetation, fencing nor
other such obstructions between 30 inches and eight feet in height
which exceeds an opacity of 0.2 [see § 250-79D(2)] shall
be permitted which exceed 30 inches in height above either of the
center-line elevations of said two streets.
C.
Depiction on required site plan. Except in the downtown where no requirement is imposed, any and all visibility triangles located on the subject property shall be depicted as to their location and configuration on the site plan required for the development of the subject property. (Refer to § 250-127.)
A.
Purpose. 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 in accordance with the utilization of various sites. Please refer to § 250-100, Drainage standards.
B.
Depiction on required site plan. Any and all parking and traffic circulation areas proposed to be located on the subject property shall be depicted as to their location and configuration on the site plan required for the development of the subject property. (Refer to § 250-127.) Each and every on-site parking space designed to serve as required parking shall not be located farther than 300 feet, except as permitted by a conditional use permit, of the shortest walking distance from the access to all of the various areas it is designated to serve. A garage stall meeting the access requirements of Subsection F(4) below shall be considered a parking space. Parking spaces for any and all vehicles exceeding 18 feet in length shall be clearly indicated on said site plan.
C.
Use of off-street parking areas. The use of all required off-street
parking areas shall be limited to the parking of operable vehicles
not for lease, rent or sale. Within residential districts, required
parking spaces shall only be used by operable cars and trucks.
D.
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 shall conform with the general
rules of the road, and all traffic control measures shall meet the
requirements of the Manual of Uniform Traffic Control Devices.
E.
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. In no instance or manner shall any off-street parking or traffic circulation area be used as a storage area except as provided for by § 250-89C.
F.
Off-street parking and traffic circulation design standards.
(1)
Surfacing and marking. All off-street parking and traffic circulation
areas (including all residential driveways – except those within
the RH District) shall be paved with asphalt, concrete or brick to
the satisfaction of the Village Engineer or the Director of Public
Works. Said surfaces intended for six or more parking stalls shall
be marked in a manner that clearly indicates required parking spaces.
Driveways shall be paved on new residential lots within 18 months
from the time when a home occupancy permit is issued for said lot.
All residential lots in the Village which had unpaved (e.g., gravel)
driveways before the effective date of this chapter shall comply with
these pavement requirements within six months from the time property
ownership is transferred.
[Amended 5-1-2003 by Ord. No. 05-03]
(2)
Curbing. All off-street parking areas designed to have head-in parking within 6 1/2 feet of any lot line shall provide a tire bumper or curb of adequate height and which is properly located to ensure that no part of any vehicle will project beyond the required setbacks of this chapter (see §§ 250-56 and 250-57).
(3)
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. An illumination level of between 0.4 and 1.0 footcandle is recommended for said areas, and said illumination level shall not exceed the standards of § 250-90.
(4)
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
without directly backing or maneuvering a vehicle into a public right-of-way
exceeding 82.5 feet in width. 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 which least interferes with
traffic movements. No driveway across public property or requiring
a curb cut shall exceed a width of 40 feet for commercial and industrial
land uses or 25 feet for residential land uses. [See also Table 250-87F(10).]
Off-street parking spaces for residential uses may be stacked or in
front of one another for the same building unit. Parking spaces located
behind an enclosed garage and located directly off a through aisle
shall be a minimum of 30 feet deep.
(5)
Signage. All signage located within or related to required off-street parking or traffic circulation shall comply with the requirements of Article IX.
(6)
Handicapped parking spaces. Parking for the handicapped shall be
provided at a size, number, location and with signage as specified
by state and federal regulations.
(7)
Parking space design standards. Other than parking required to serve
the handicapped, every and all provided off-street parking spaces
shall comply with the minimum requirements of Table 250-87F(10). The
minimum required length of parking spaces shall be 17 feet, plus an
additional one-and-one-half-foot vehicle overhang area at the end
of the stall. All parking spaces shall have a minimum vertical clearance
of at least seven feet.
(8)
Snow storage. Required off-street parking and traffic circulation
areas shall not be used for snow storage.
(9)
Parking lot design standards. Horizontal widths for parking rows, aisles, and modules shall be provided at widths no less than listed in Table 250-87F(10) below. Additional design standards apply to group developments. (See § 250-47.)
(10)
Landscaping. Parking lot landscaping shall comply with the requirements of the paved area landscaping requirements in § 250-75C.
|
Table 250-87F(10): Parking Layout Dimensions
| |||||||
|---|---|---|---|---|---|---|---|
|
Parking Angle in Degrees (°)
| |||||||
|
Minimum Permitted Dimensions
(in feet)
|
0°
(parallel)
|
45°
|
60°
|
75°
|
90°
| ||
|
Stall width at parking angle (SW)
|
9
|
9
|
9
|
9
|
9
| ||
|
Stall width parallel to aisle (WP)
|
17.9
|
12.7
|
10.4
|
9.3
|
9
| ||
|
Stall depth to wall (D)
|
91
|
17.51
|
191
|
19.51
|
18.51
| ||
|
Stall depth to interlock (DI)
|
—
|
15.3
|
17.5
|
18.8
|
—
| ||
|
Stall length (including 1.5-foot curb overhang) (SL)
|
18.5
|
18.5
|
18.5
|
18.5
|
18.5
| ||
|
Aisle width (AW)
|
122
|
122
|
162
|
17.22
|
262
| ||
|
Throat length (right-of-way to parking angle) (T)
|
Refer to requirements in Table 250-87G(6)
| ||||||
|
Parking module width (PMW)
| |||||||
|
Wall to wall (single-loaded) (W1)
|
21
|
29.5
|
35
|
42.5
|
44.5
| ||
|
Wall to wall (double-loaded) (W2)
|
30
|
47
|
54
|
62
|
63
| ||
|
Wall to interlock (double-loaded) (W3)
|
—
|
44.8
|
52.5
|
61.3
|
—
| ||
|
Interlock to interlock (double-loaded) (W4)
|
—
|
42.6
|
51
|
60.6
|
—
| ||
|
1
|
Parking spaces located behind an enclosed garage and located
directly off a through aisle shall be at least 30 feet deep.
| |
|
2
|
This dimension represents (AW) for one-way traffic. For two-way
traffic, add eight feet to a maximum (AW) of 26 feet.
|
 Diagram
for Table 250-87F(10): Typical Parking Layout Dimensions |
G.
Calculation of minimum required parking spaces.
(1)
General guidelines for calculating required parking spaces. The requirements of Subsection G(3) below shall be used to determine the minimum required number of off-site parking spaces which must be provided on the subject property. Requirements are generally tied to the capacity of the use; the gross floor area of the use; or the number of employees which work at the subject property during the largest work shift. The term "capacity" as used herein means the maximum number of persons that may be accommodated by the use as determined by its design or by State Building Code regulations, whichever number is greater. References herein to "employee(s) on the largest work shift" means the maximum number of employees working at the facility during a single given day, regardless of the time period during which this occurs and regardless of whether any such person is a full-time employee. The largest work shift may occur on any particular day of the week or during a lunch or dinner period in the case of a restaurant. In all cases, one reserved parking space shall be provided for each vehicle used by the operation during business hours. Said spaces shall be in addition to those required by Subsection G(3) below. Where said parking needs of any land use exceed the minimum requirements of this chapter, additional parking spaces sufficient to meet the average maximum weekly peak-hour parking space demand shall be provided by said land use.
(2)
Joint and off-site parking facilities.
(a)
Parking facilities which have been approved by the Village Engineer
or the Director of Public Works to provide required parking for one
or more uses shall provide a total number of parking spaces which
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.
(b)
Each parking space designed to serve as joint parking shall not be located farther than 300 feet, except as permitted by a conditional use permit, from the access to all of the various areas it is designated to serve. See § 250-41A.
(c)
The applicant(s) for approval of a joint parking facility shall
demonstrate to the Village Engineer's or the Director of Public Works'
satisfaction that there is no substantial conflict in the demand for
parking during the principal operating hours of the two or more uses
for which the joint parking facility is proposed to serve.
(d)
A legally binding instrument, approved by the Village Administrator, shall be executed by any and all parties to be served by said joint parking facility. This instrument shall be recorded with the Register of Deeds office and filed with the Village Clerk. A fee shall be required to file this instrument (see § 250-138).
(4)
Provision of fee in lieu of parking spaces development. Within the
Central Business (CB) District, the parking requirements of this chapter
may be waived with the provision of a payment for common public parking
areas in downtown.
(5)
Locational prohibitions for off-street parking areas.
(a)
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 parking lots designated on the approved site plan (see § 250-127).
(b)
No private parking shall occur on street terraces, driveways
or any other areas located within a public right-of-way not explicitly
designated by the Village Administrator or the Director of Public
Works.
(6)
Minimum permitted throat length. The Table 250-87G(6) below shall
be used to determine the minimum permitted throat length of access
drives serving parking lots, as measured from the right-of-way line
along the center line of the access drive:
|
Table 250-87G(6): Minimum Permitted Throat Length
| |||||
|---|---|---|---|---|---|
|
Type of Access Street
| |||||
|
Land Use
|
Type
|
Scale of Development
|
Collector
(feet)
|
Arterial
(feet)
| |
|
Residential
|
Any residential
|
0 to 100 dwelling units
|
25
|
—
| |
|
101 to 200 dwelling units
|
50
|
75
| |||
|
201 or more dwelling units
|
75
|
125
| |||
|
Commercial
|
Office
|
0 to 50,000 gross square feet
|
25
|
50
| |
|
50,000 to 100,000 gross square feet
|
25
|
75
| |||
|
100,000 to 200,000 gross square feet
|
50
|
100
| |||
|
200,001 or greater gross square feet
|
100
|
150
| |||
|
In-vehicle sales
|
0 to 2,000 gross square feet
|
25
|
75
| ||
|
2,001 or greater gross square feet
|
50
|
100
| |||
|
Indoor entertainment
|
0 to 15,000 gross square feet
|
25
|
50
| ||
|
15,000 or greater gross square feet
|
25
|
75
| |||
|
Commercial lodging
|
0 to 150 rooms
|
25
|
75
| ||
|
151 or more rooms
|
25
|
100
| |||
|
Other commercial uses
|
0 to 25,000 gross square feet
|
25
|
50
| ||
|
25,001 to 100,000 gross square feet
|
25
|
75
| |||
|
100,000 to 500,000 gross square feet
|
50
|
100
| |||
|
500,001 or greater gross square feet
|
75
|
200
| |||
|
Industrial
|
All industrial uses
|
0 to 100,000 gross square feet
|
25
|
50
| |
|
100,001 to 500,000 gross square feet
|
50
|
100
| |||
|
500,000 or greater gross square feet
|
50
|
200
| |||
|
All other uses
|
6 or more parking spaces
|
25
|
50
| ||
A.
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.
B.
Applicability. Any use which has a gross floor area of 6,000 square
feet or more, and which requires deliveries or makes shipments, shall
provide off-street loading facilities in accordance with the regulations
of this section.
C.
Location. All loading berths shall be located 25 feet or more from the intersection of two street right-of-way lines. Loading berths shall not be located within any required front yard or street yard setback area. Access to the loading berth shall be located in conformance with § 250-85. All loading 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.
D.
Size of loading area. The first required loading berth shall be designed
in accordance with Table 250-88D. All remaining required loading berths
shall be a minimum of 25 feet in length. All required loading berths
shall have a minimum vertical clearance of 14 feet. The following
standards shall be the minimum used to design loading areas:
|
Table 250-88D: Loading Standards
| ||||||
|---|---|---|---|---|---|---|
|
Design Vehicle
|
Length in Feet
|
Dock Angle (a)
|
Clearance in Feet (D)
|
Berth Width in Feet (W)
|
Apron Space in Feet (A)
|
Total Offset in Feet (F)
|
|
WB-40
|
50
|
90°
|
50
|
10
|
63
|
113
|
|
12
|
56
|
106
| ||||
|
14
|
52
|
102
| ||||
|
60°
|
44
|
10
|
46
|
90
| ||
|
12
|
40
|
84
| ||||
|
14
|
35
|
79
| ||||
|
45°
|
36
|
10
|
37
|
73
| ||
|
12
|
32
|
68
| ||||
|
14
|
29
|
65
| ||||
|
WB-50
|
55
|
90°
|
55
|
10
|
77
|
132
|
|
12
|
72
|
127
| ||||
|
14
|
67
|
122
| ||||
|
60°
|
48
|
10
|
55
|
103
| ||
|
12
|
51
|
99
| ||||
|
14
|
46
|
94
| ||||
|
45°
|
39
|
10
|
45
|
84
| ||
|
12
|
40
|
79
| ||||
|
14
|
37
|
76
| ||||
|
|
E.
Access to loading area. Each loading berth shall be located so as to facilitate access to a public street or alley and shall not interfere with other vehicular or pedestrian traffic per § 250-87 and shall not interfere with the function of parking areas. In no instance shall loading areas rely on backing movements into public rights-of-way.
F.
Surfacing and marking. All required loading areas shall be paved
and maintained in a dust-free condition at all times. Said surface
shall be marked in a manner which clearly indicates required loading
areas.
G.
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.
I.
Signage. All signage located within or related to loading areas shall comply with the requirements of Article IX.
J.
Depiction on required site plan. Any and all required loading areas proposed to be located on the subject property shall be depicted as to their location and configuration on the site plan required for the development of the subject property. (Refer to § 250-127.)
K.
Calculation of required loading spaces.
(1)
Indoor institutional land uses. One loading berth shall be required
for each building having a gross floor area of 6,000 square feet 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 6,000 square feet 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 6,000 square feet 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.
B.
Requirements for exterior storage in residential zoning districts.
No person shall park or store recreational vehicles on a lot in a
residential district except within a fully enclosed structure or except
as provided herein.
(1)
For the purposes of this chapter, a recreational vehicle or equipment
shall include boats, boats with trailers, motor homes, motor coaches,
pickup campers, camping trailers, travel trailers, fifth-wheel trailers,
large utility trailers, race cars and their trailers, canoes or kayaks
and their trailers, tent campers, folding campers, utility trailers,
and cases or boxes used to transport recreational vehicles or their
equipment, and similar equipment and vehicles.
(2)
Outside parking of recreational vehicles and equipment are subject
to the following provisions:
(a)
No more than two recreational vehicles may be parked or stored
outside a fully enclosed structure.
(b)
No recreational vehicle may be parked or stored in a front or side yard on a regular basis, except upon nonrequired parking spaces on a pad or expanded driveway appropriately paved per § 250-87F(1).
[Amended 5-1-2003 by Ord. No. 05-03]
(c)
A recreational vehicle shall be located not closer than five
feet to a side or rear lot line, except with the granting of a conditional
use permit.
(d)
The recreational vehicle shall be maintained and be in good
condition and safe for effective performance for the function in which
it was intended. The exterior of the vehicle shall be intact.
(e)
Recreational vehicles shall be roadworthy. Vehicles that require
a license shall be properly licensed.
(f)
No recreational vehicles or equipment shall be parked or stored
in any open space outside a building unless such equipment is wholly
owned by the property owner, who shall be in residence at the property
in question. If the property is rented, such storage shall be permitted
to the tenant only, provided that such equipment is owned by the tenant.
(g)
All equipment shall be parked, stored or screened by fencing
and/or vegetation as inconspicuously as possible on the property.
The area around the equipment or vehicle must be kept weed- and dust-free
and free of accumulation of other storage material.
C.
Requirements for exterior storage in office and commercial districts. In all office and commercial zoning districts (see § 250-17 for a listing of these districts), all materials and equipment shall be stored within a completely enclosed building except for the following, which shall not be located within any front yard or required street yard (except for vehicles in designated parking spaces) and shall be stored a minimum of 10 feet or 1/2 the required principal building setback, whichever is greater, from any and all property lines: screened refuse containers; construction materials, landscape materials and related equipment connected with on-site construction; and off-street parking.
A.
Purpose. The purpose of this section is to regulate the spillover
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.
B.
Applicability. The requirements of this section apply to all private
exterior lighting within the jurisdiction of this chapter, except
for lighting within public rights-of-way and/or lighting located on
public property.
C.
Depiction on required site plan. Any and all exterior lighting shall be depicted as to its location, orientation and configuration on the site plan required for the development of the subject property. (Refer to § 250-127.)
D.
Requirements.
(1)
Orientation of fixture. In no instance shall an exterior lighting
fixture be oriented so that the lighting element (or a transparent
shield) is visible from a property located within a residential zoning
district. The use of shielded luminaries and careful fixture placement
is encouraged so as to facilitate compliance with this requirement.
(2)
Intensity of illumination.
(a)
In no instance shall the amount of illumination attributable
to exterior lighting, as measured at the property line, exceed 0.50
footcandle above ambient lighting conditions on a cloudless night.
(b)
The maximum average on-site lighting in nonresidential zoning
districts shall be 2.4 footcandles (500 watts metal halide or high-pressure
sodium, 250 watts low-pressure sodium).
(c)
The maximum average on-site lighting in residential zoning districts
shall be 0.90 footcandle (185 watts metal halide or high-pressure
sodium, 90 watts low-pressure sodium).
(d)
The following exceptions shall be permitted:
[1]
Outdoor recreation facilities and assembly areas. Maximum average
on-site lighting of 3.60 footcandles (750 watts metal halide or high-pressure
sodium, 375 watts low-pressure sodium).
[2]
Auto display lots and gas station pump islands. Maximum average
on-site lighting of 0.20 footcandle (50 watts metal halide or high-pressure
sodium, 25 watts low-pressure sodium).
(3)
Location. Light fixtures shall not be located within required bufferyards.
(4)
Flashing, flickering and other distracting lighting. Flashing, flickering and/or other lighting which may distract motorists is prohibited [see § 250-113A(3)].
(5)
Minimum lighting standards. All areas designated on required site
plans for vehicular parking, loading or circulation and used for any
such purpose after sunset shall provide artificial illumination in
such areas at a minimum intensity of 0.2 footcandle.
A.
Purpose. The purpose of this section is to regulate the creation
of vibration which adversely affects adjoining properties in order
to prevent the creation of nuisances and to promote the general welfare
of the public.
B.
Applicability. The requirements of this section apply to all uses
and activities which create detectable vibrations, except that these
standards shall not apply to vibrations created during the construction
of the principal use on the subject property.
C.
Depiction on required site plan. Any activity or equipment which creates detectable vibrations outside the confines of a building shall be depicted as to its location on the site plan required for the development of the subject property. (See § 250-127.)
D.
Requirements. No activity or operation shall cause or create earthborne
vibrations in excess of the displacement values given below.
E.
Method of measurement. Measurements shall be made at or beyond the
adjacent lot line or the nearest residence 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
|
F.
Standards in the General Industrial District. In the 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 table below.
|
Location
|
K
| ||
|---|---|---|---|
|
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
| ||
G.
Standards in the Heavy Industrial District. In the Heavy 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 table below.
|
Location
|
K
| ||
|---|---|---|---|
|
On or beyond any adjacent lot line
| |||
|
Continuous
|
0.030
| ||
|
Impulsive
|
0.060
| ||
|
Less than 8 pulses per 24-hour period
|
0.150
| ||
|
On or beyond any residence district boundary line
| |||
|
Continuous
|
0.003
| ||
|
Impulsive
|
0.006
| ||
|
Less than 8 pulses per 24-hour period
|
0.015
| ||
H.
Standards in the Planned Industrial District. In the Planned 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 table below.
|
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
| ||
A.
Purpose. The purpose of this section is to regulate the creation
of noise which adversely affects adjoining properties in order to
prevent the creation of nuisances and to promote the general welfare
of the public.
B.
Applicability. The requirements of this section apply to all uses
and activities which create detectable noise, except that these standards
shall not apply to noise created during the construction of the principal
use on the subject property or by incidental traffic, parking, loading,
maintenance or agricultural operations.
C.
Requirements. All noise shall be muffled so as not to be objectionable due to intermittence, beat frequency or shrillness. In no event shall the sound-pressure level of noise radiated continuously from a facility exceed at the lot line of the subject property the values given in Table 250-92C(1) (set out hereafter), as measured by, at the minimum, a Type 2 sound meter that is in compliance with ANSI standard S1.4-1983, where said lot abuts property within any residential, office, commercial zoning district, or the Planned Industrial (PI) District. (See § 250-17.)
|
Table 250-92C(1): Maximum Permitted Noise Level at Lot
Line for Noise Radiated Continuously*
| ||
|---|---|---|
|
Zoning District
|
Increase in Noise Level over Ambient Level
| |
|
RH, SR-2, SR-3, SR-4, TR-6, MR-8, MR-10
|
Plus 3 dBA
| |
|
NO, PO, PB, NB, GB, CB, PI
|
Plus 5 dBA
| |
|
GI, HI
|
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 Table 250-92C(2)
below shall be added to or subtracted from each of the decibel levels
given above in Table 250-92C(1).
|
|
Table 250-92C(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.
|
D.
Noises that were in effect as of the effective date of this chapter
shall be considered legal nonconforming noises. 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.
A.
Purpose. The purpose of this section is to regulate the creation
of air pollution which adversely affects adjoining properties in order
to prevent the creation of nuisances and to promote the general welfare
of the public.
B.
Applicability. 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 the subject property or by incidental traffic, parking, loading
or maintenance operations.
C.
Standards.
(1)
The emission from all sources within any lot of particulate matter
containing a particle diameter larger than 44 microns is prohibited.
(2)
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.
(3)
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, paving,
oiling or other acceptable means.
(4)
All applicable state and federal standards.
A.
Purpose. The purpose of this section is to regulate the creation
of odor which adversely affects adjoining properties in order to prevent
the creation of nuisances and to promote the general welfare of the
public.
B.
Applicability. The requirements of this section apply to all land
uses and activities, except that these standards shall not apply to
odors created during the construction of the principal use on the
subject property or by incidental traffic, parking, loading or maintenance
operations. Public landfills and public sanitary sewage treatment
plants shall be exempted from the requirements of this section as
essential public services.
C.
Standards. Except for food preparation and cooking odors emanating from residential land uses and odors associated with property development and maintenance (such as construction, lawn care, and the painting and roofing of structures), no odor shall be created for periods exceeding a total of 15 minutes per any day which is detectable (by a healthy observer such as the Zoning Administrator or a designee who is unaffected by background odors such as tobacco or food) at the boundary of the subject property where said lot abuts property within any residential, office, commercial zoning district, or the Planned Industrial (PI) District. (See § 250-17.)
A.
Purpose. The purpose of this section is to regulate the creation
of electromagnetic radiation which adversely affects adjoining properties
in order to prevent the creation of nuisances and to promote the general
welfare of the public.
B.
Applicability. The requirements of this section apply to all land
uses and activities.
C.
Standards. It shall be unlawful to operate or cause to be operated
any planned or intentional source of electromagnetic radiation for
such purposes as communication, experimentation, entertainment, broadcasting,
heating, navigation, therapy, vehicle velocity measurement, weather
survey, aircraft detection, topographical survey, personal pleasure,
or any other use directly or indirectly associated with these purposes
which does not comply with the then current regulations of the Federal
Communications Commission regarding such sources of electromagnetic
radiation. Further, said operation in compliance with the Federal
Communications Commission shall be unlawful if such radiation causes
an abnormal degradation in performance of other electromagnetic radiators
or electromagnetic receptors of quality and proper design because
of proximity, primary field, blanketing, spurious radiation, harmonic
content, modulation or energy conducted by power or telephone lines.
The determination of "abnormal degradation in performance" and "of
quality and proper design" shall be made in accordance with good engineering
practices as defined in the latest principles and standards of the
American Institute of Electrical Engineers, the Institute of Radio
Engineers, and the Electronic Industries Association. In case of any
conflict between the latest standards and principles of the above
groups, the following precedence in the interpretation of the standards
and principles shall apply: 1) American Institute of Electrical Engineers;
2) Institute of Radio Engineers; and 3) Electronic Industries Association.
A.
Purpose. The purpose of this section is to regulate the creation
of glare or heat which adversely affects adjoining properties in order
to prevent the creation of nuisances and to promote the general welfare
of the public.
B.
Applicability. 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 the principal use on the
subject property or by incidental traffic, parking, loading or maintenance
operations.
C.
Standards. 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 the lot line of the subject property shall be permitted. (See also § 250-90.) 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 systems regulated by § 66.03, Wis. Stats.,[1] shall be entitled to the protection of its provisions.
[1]
Editor's Note: See now § 66.0401, Wis. Stats., for
regulations relating to solar systems.
A.
Purpose. The purpose of this section is to regulate the creation
of fire and/or explosion hazards which adversely affect adjoining
properties in order to prevent the creation of nuisances and to promote
the general welfare of the public.
B.
Applicability. The requirements of this section apply to all land
uses and activities.
C.
Standards. Any use involving materials which could decompose by detonation shall locate such materials not less than 400 feet from any residential or office zoning district (see § 250-17), except that this standard shall not apply to the storage or usage of liquefied petroleum or natural gas for normal residential or business purposes. All activities and storage of flammable and explosive materials at any point shall be provided with adequate safety and fire-fighting devices in accordance with all fire prevention codes of the State of Wisconsin.
A.
Purpose. The purpose of this section is to regulate the handling
of toxic or noxious material which adversely affects adjoining properties
in order to prevent the creation of nuisances and to promote the general
welfare of the public.
B.
Applicability. The requirements of this section apply to all land
uses and activities.
C.
Standards.
(1)
No use shall discharge across the boundaries of the subject 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 sewage
disposal 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.
A.
Purpose. The purpose of this section is to regulate the handling
of waste material which adversely affects adjoining properties in
order to prevent the creation of nuisances and to promote the general
welfare of the public.
B.
Applicability. The requirements of this section apply to all land
uses and activities.
C.
Standards.
(1)
No use shall discharge across the boundaries of the subject 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 sewage
disposal 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.
A.
Purpose. The purpose of this section is to regulate the creation
of drainage which adversely affects adjoining properties in order
to prevent the creation of nuisances and to promote the general welfare
of the public.
B.
Applicability. The requirements of this section apply to all land
uses and activities.
C.
Standards. No land shall be developed and no use shall be permitted
that results in water runoff which is greater than that which existed
prior to development or causes property damage, a nuisance and/or
erosion on adjacent properties. Such runoff shall be properly conveyed
to a public storm drain, drainageway or other such public drainage
facility per the approval of the Village Engineer or the Director
of Public Works. All parking lots 4,000 square feet or larger shall
be internally drained with catch basins connected to a municipal storm
sewer.
A.
Purpose. The purpose of this section is to regulate the use of certain
exterior construction materials so as to attain a degree of uniformity
in exterior appearance and thus maintain and enhance the attractiveness
and property value of certain zoning districts.
B.
Applicability. The requirements of this section apply to all land
uses and activities.
C.
Standards for all residential, office, commercial and the PI zoning
districts.
(1)
Except for exposed foundations not to exceed three feet in height
from the adjacent grade, all non-single-family development located
within the RH, SR-2, SR-3, SR-4, TR-6, MR-8, MR-10, NO, PO, NB, PB,
GB, CB and PI Districts shall employ only high-quality, decorative
exterior construction materials on the visible exterior of the following
portions of all structures and buildings:
(a)
Any portion of the building or structure visible from adjacent
residentially zoned property;
(b)
Any portion of the building or structure located within 50 feet
of a public right-of-way; or
(c)
Any other portion of the building or structure visible from
a public street and/or situated at an angle of 60° or less from
a line which is parallel to the nearest right-of-way (for uncurved
rights-of-way) or from a line which is parallel to a chord connecting
the right-of-way boundary on the inside side of the curve at points
located at or opposite from the two outer boundaries of the subject
property along the right-of-way line (for curved rights-of-way).
(2)
The following exterior construction materials shall not be considered
"high quality, decorative": nondecorative concrete block or cinder
block; nondecorative concrete foundation walls or panels; corrugated
or other metal with exposed fasteners; nondecorative plywood; asphaltic
siding, or other materials using exposed fastener systems or nondecorative
surfaces, as determined by the Plan Commission.
D.
Trademark architecture shall not be permitted.
A.
Purpose. The purpose of this section is to provide information to
the Village regarding the nature of land uses which involve research,
production, storage, disposal, handling, and/or shipment of hazardous
materials.
B.
Applicability. The requirements of this section apply to all land
uses and activities involving any one or more of the following:
(1)
Microorganism cultures subject to § 94.65, Wis. Stats.
(2)
Pesticides subject to § 94.67(25), Wis. Stats.
(3)
Biological products subject to § 95.39, Wis. Stats.
(4)
Hazardous substances subject to § 100.37(1)(c), Wis.
Stats.
(5)
Toxic substances subject to § 101.58(2)(j), Wis. Stats.
(6)
Infectious agents subject to § 101.58(2)(f), Wis.
Stats.
(7)
Any material for which the State of Wisconsin requires notification
of a local fire department.
(8)
Any other uses, activities or materials which are subject to
county, state or federal hazardous or related materials regulations.
A.
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.
B.
Applicability. The requirements of this section apply to all fencing,
landscape walls and decorative posts equal to or exceeding 30 inches
in height for all land uses and activities.
C.
Standards.
(1)
Materials.
(a)
Residential districts. Acceptable materials for constructing
fencing, landscape walls, and decorative posts include wood, stone,
brick, wrought iron, chain link, and wire mesh, except that wire mesh
fencing is not permitted within required front yard or street yard
areas. Any fence within a street yard, including along property lines
which intersect a right-of-way, shall be a maximum of sixty-percent
opaque.
(b)
Nonresidential districts. Acceptable materials for constructing
fencing, landscape walls, and decorative posts include wood, stone,
brick, wrought iron, chain link, and wire mesh. Barbed wire fencing
shall not be permitted. Any fence within a street yard, including
along property lines which intersect a right-of-way, shall be a maximum
of sixty-percent opaque.
(c)
Temporary fencing. Temporary fencing, including the use of wood
or plastic snow fences for the purposes of limiting snow drifting
between November 1 and April 1, protection of excavation and construction
sites, and the protection of plants during grading and construction,
is permitted for up to 180 consecutive days and no more than 180 consecutive
days per calendar year.
(d)
Snow fences. Snow fences constructed of wood and wire and/or
plastic shall be permitted only as temporary fences.
(2)
Location. On all properties, no fence, landscape wall, or decorative
post shall be located closer than two feet to the front yard or street
yard line. Fences may be located on the owner's side of any property
line abutting a side or rear yard.
[Amended 5-1-2003 by Ord. No. 05-03]]
(3)
Maximum height. The maximum height of any fence, landscape wall,
or decorative post shall be the following:
(a)
Fences in excess of 36 inches tall shall not be permitted within
a front yard setback;
(b)
Six feet when located on any residentially zoned property but
not within a required front yard setback or a required street yard
setback; and
(c)
Eight feet when located on any nonresidentially zoned property
but not within a required front yard or a required street yard, except
that security fences may exceed this height.
(4)
Orientation. Any and all fences, landscape walls, or decorative
posts shall be erected so as to locate visible supports and other
structural components toward the subject property.
(5)
Maintenance. Any and all fences, landscape walls, or decorative
posts shall be maintained in a structurally sound and attractive manner.
(6)
Swimming pools. Fencing for swimming pools shall be provided
per the Model Swimming Pool Enclosure Code established by the National
Spa and Pool Institute (NSPI), which is available from the Village
Hall.
A.
Purpose. This section regulating the placement of signal-receiving
antennas (including roof-mounted antennas which are greater than 15
feet and satellite dishes which are greater than 18 inches) is adopted
to:
(1)
Provide uniform regulation of all signal-receiving antenna devices;
(2)
Secure placement of such antennas in an aesthetically sensitive
manner while allowing users reasonable reception of signals;
(3)
Protect the public from injury from antennas that are inadequately
mounted, unduly susceptible to wind pressure, improperly installed
and wired, or are placed on structures insufficiently designed or
constructed to safely support the antenna; and
(4)
Provide for placement of such antennas in locations that preserve
access to rear property areas by fire-fighting apparatus and emergency
personnel.
B.
Permit required. No owner shall, within the Village of Johnson Creek,
build, construct, use or place any type of signal-receiving antenna
until a permit shall have first been obtained from the Zoning Administrator.
C.
OWNER
SIGNAL-RECEIVING ANTENNA
Definitions. As used in this section, the following terms shall have
the meanings indicated:
The holder of record of an estate in possession of fee simple
or for life in land or real property, or a vendee of record under
a land contract for the sale of an estate in possession in fee simple
or for life, but does not include the vendor under a land contract.
A tenant in common or a joint tenant shall be considered such owner
to the extent of his interest. The personal representative of at least
one owner shall be considered an owner.
Any apparatus capable of receiving communications from a
transmitter or a transmitter relay located in a planetary orbit. This
definition includes all types of signal-receiving antennas, including,
without limitation, parabolic antennas, home earth stations, satellite
television disks, UHF and VHF television antennas, and AM, FM, ham
and short-wave radio antennas, regardless of the method of mounting.
D.
Application. Application for a signal-receiving antenna permit shall be made in writing to the Zoning Administrator. With such application, there shall be submitted a fee (see § 250-138) and a sufficient set of mounting plans and specifications, including a general plot plan showing the location of the proposed signal-receiving antenna with respect to streets, lot lines and buildings. If such application meets all requirements of this section, the application shall be approved.
E.
Installation standards. Signal-receiving antennas installed in any
zoning district within the Village shall comply with the following
provisions:
(1)
Setbacks.
(a)
Any signal-receiving antenna and its mounting post shall be
located a minimum of 10 feet from any property line.
(b)
Subject to the provisions herein, signal-receiving antennas
shall only be located in the rear yard of any lot. If reasonable reception
of signals is not possible with a rear yard placement due to the physical
characteristics of the lot and area, the signal-receiving antenna
shall be placed in the side yard of the lot. In the event that reasonable
reception of signals is not possible by locating the signal-receiving
antenna on the rear or side yard of the property, such antenna may
be placed in the front yard or on the roof of structures on the property.
For corner lots, a side yard is only a yard that does not face a street.
(c)
If side yard, front yard or roof mounting is requested, the
Zoning Administrator shall determine where reasonable reception is
possible, based on evidence provided by the person seeking to erect
or construct the antenna.
(2)
Mounting. Signal-receiving antennas attached to the wall or
roof of any principal or accessory structure shall be permitted only
if the structure is properly constructed to carry all imposed loading
and complies with applicable state and local building code requirements.
The Zoning Administrator may require engineering calculations.
(3)
Diameter. The diameter of the signal-receiving antenna shall
not exceed 15 feet in diameter for commercial uses or 10 feet in diameter
for residential uses, except for systems used to provide community
antenna television services.
(4)
Height.
(a)
A ground-mounted signal-receiving antenna, including any platform
or structure upon which said antenna is mounted or affixed, may not
exceed 18 feet in height, as measured from the ground to the highest
point of the dish.
(b)
A roof-mounted antenna may not exceed 15 feet in height above
the surrounding roofline as measured from the lowest point of the
existing roofline.
(c)
A ground-mounted or roof-mounted signal-receiving antenna mounted
or affixed to any municipal property is exempt from the height provisions,
provided that the antenna is used for communications necessary to
protect public safety. Co-location of antennas on a single structure
is recommended and permitted where possible.
[Added 6-11-2012 by Ord. No. 01-12]
(5)
Wind pressure. All signal-receiving antennas shall be permanently
mounted in accordance with the manufacturer's specifications for installation.
All such installations shall meet a minimum wind load design velocity
of 80 miles per hour.
(6)
Electrical installations. Electrical installations in connection
with signal-receiving antennas, including grounding of the system,
shall be in accordance with the National Electrical Safety Code, Wisconsin
State Electrical Code and the instructions of the manufacturer. In
cases of conflict, the stricter requirements shall govern. All cable
used to conduct current or signals from the signal-receiving antenna
to the receivers shall be installed underground unless installation
site conditions preclude underground. If a signal-receiving antenna
is to be used by two or more residential property owners, all interconnecting
electrical connections, cables and conduits must also be buried. The
location of all such underground lines, cables and conduits shall
be shown on the application for a permit. All signal-receiving antennas
shall be grounded against direct lightning strikes.
(7)
Temporary placement. No portable or trailer-mounted signal-receiving
antenna shall be allowed, except for temporary installation for on-site
testing and demonstration purposes for periods not exceeding five
days. However, such trial placement shall be in accordance with all
provisions of this section. Failure to comply shall result in a citation
being issued for violation of this section. Any person making such
temporary placement shall first give written notice to the Zoning
Administrator of the date when such placement shall begin and end.
(8)
Advertising. No form of advertising or identification, sign
or mural is allowed on the signal-receiving antenna other than the
customary manufacturer's identification plates.
(9)
Interference with broadcasting. Signal-receiving antennas shall
be filtered and/or shielded so as to prevent the emission or reflection
of any electromagnetic radiation that would cause any harmful interference
with the radio and/or television broadcasting or reception on adjacent
properties. In the event that harmful interference is caused subsequent
to its installation, the owner of the signal-receiving antenna shall
promptly take steps to eliminate the harmful interference in accordance
with Federal Communications Commission regulations.
(10)
Compliance with federal regulations. The installation and use
of every signal-receiving antenna shall be in conformity with the
Federal Cable Communications Policy Act of 1984 and regulations adopted
thereunder.
(11)
Aesthetic considerations. Signal-receiving antennas shall be
located and designed to reasonably reduce visual impact from surrounding
properties at street level.
F.
Enforcement.
(1)
It shall be unlawful to construct, use, build or locate any
signal-receiving antenna in violation of any provisions of this section.
In the event of any violation, the Village Board or any property owner
who would be specifically damaged by such violation may institute
appropriate action or proceedings to enjoin a violation of this section.
A.
Construction of wind energy systems. No person shall construct or
operate a wind energy conversion system (WECS) without having fully
complied with the provisions of this section.
C.
Application requirements. An application for a permit to build a
wind energy system shall include the following:
(1)
The property lines of the proposed site of construction.
(2)
Proposed location of the WECS.
(3)
Location and description of all structures located on the property
where the WECS site is proposed.
(4)
Location of all aboveground utility lines within a radius equal
to two times the height of the proposed WECS.
(5)
Location of all underground utility lines on the property where
a WECS site is proposed.
(6)
Dimensional representation of the structural components of the
tower construction, including the base and footings.
(7)
Schematic of electrical systems associated with the WECS, including
all existing and proposed electrical connections.
(8)
Manufacturer's specifications and installation and operation
instructions or specific WECS design information.
(9)
Certification by a registered professional engineer that the
tower design is sufficient to withstand wind load requirements for
structures as defined by the Uniform Building Code.
D.
Blade clearance. The minimum distance between the ground and any
protruding blade(s) utilized on a WECS shall be 15 feet, as measured
at the lowest point of the are of the blades. The minimum distance
shall be increased as necessary to provide for vehicle clearance in
locations where oversized vehicles might travel.
E.
Climbing towers; tower access. Access to towers shall be controlled
by fences six feet in height around the tower and anticlimbing devices.
Existing local regulations regarding attractive nuisances shall cover
wind systems as well. A sign indicating shock hazard shall be placed
on the tower. Such sign shall state: "Warning. Electrical shock hazard.
No unauthorized persons on tower. No trespassing." Cables, ropes or
wires used to secure the WECS shall be appropriately marked to prevent
accidental bodily harm.
F.
Tower construction. Tower construction shall be in accordance with
all applicable sections of the Wisconsin State Building Code, including,
but not limited to, §§ Comm 50.12, 53.10, 53.12, 62.37,
62.38, 62.39, 62.40, 62.41, Wis. Adm. Code, and any future amendments,
additions and/or revisions to the same.
G.
Utility interconnection. The WECS, if interconnected to a utility
system, shall meet the requirements for interconnection and operate
as set forth in the electrical utility's then-current service regulations
applicable to WECS; these standards are subject to review by the Public
Service Commission.
H.
Setback requirements:
I.
Noise. During all operations, from commencement through abandonment,
all noise and vibrations shall conform with the requirements of the
Village of Johnson Creek Code.
J.
Interference with navigational systems. No WECS shall be installed
or operated in such a manner that is not in compliance with Federal
Aviation Administration regulations.
K.
Electrical distribution lines. All WECS electrical distribution lines
shall be located underground.
L.
Required safety features.
(1)
The WECS shall be designed with an automatic overspeed control
to render the system inoperable when winds are blowing in excess of
the speeds for which the machine is designed.
(2)
The WECS shall have a manually operable method to render the
system inoperable in the event of a structural or mechanical failure
of any part of the system including the automatic overspeed control.
(3)
The WECS shall be designed with an automatic control to render
the system inoperable in case of loss of utility power to prevent
the WECS from supplying power to a de-energized electrical distribution
system.
(4)
Any WECS declared to be unsafe by the Zoning Administrator by
reason of inadequate maintenance, dilapidation, obsolescence, fire
hazard, disaster, damage or abandonment is hereby declared to be a
public nuisance and shall be abated by repair, rehabilitation, demolition
or removal in accordance with the procedures set forth in the Village
of Johnson Creek Code.
M.
Maintenance. The Zoning Administrator or his representative shall
have the right, at any reasonable time, to enter, in the company of
the owner or his agent, the premises on which a WECS has been constructed
to inspect all parts of said WECS's installation and require that
repairs or alterations be made within 30 days if, in his judgment,
there exists a deficiency in the structural stability of the system.
N.
Inspections. A yearly inspection at a fee to be determined from time
to time by resolution of the Village Board shall be made by the Zoning
Administrator to certify the safety and maintenance of the WECS and
accessory structures.
A.
Definition. A "swimming pool" is a body of water or an outdoor structure
containing a body of water in a receptacle or other container having
a depth for water at any point greater than 1 1/2 feet, located
above or below the surface of ground elevation, installed in such
a manner that the pool will remain in place as a fixture throughout
the full year and will be considered as a permanent or semipermanent
structure on the land. The term includes all structural facilities,
appliances and appurtenances, equipment and other items used and intended
to be used for the operation and maintenance of a private or residential
swimming pool.
B.
Exempt pools. Storable children's swimming or wading pools, with
a maximum dimension of 15 feet and a maximum wall height of 15 inches
and which are so constructed that they may be readily disassembled
for storage and reassembled to their original integrity, are exempt
from the provisions of this section.
C.
Permit required. Before work is commenced on the construction or
erection of private or residential swimming pools or on any alterations,
additions, remodeling or other improvements, an application for a
swimming pool building permit to construct, erect, alter, remodel
or add must be submitted in writing to the Building Inspector. Plans
and specifications and pertinent explanatory data should 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 building permit fee
pursuant to the Village Building Code shall accompany such application.[1]
D.
Construction requirements. In addition to such other requirements as may be reasonably imposed by the Building Inspector, the Building Inspector shall not issue a permit for construction, as provided for in Subsection C above, unless the following construction requirements are observed:
(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 codes and with any and all ordinances of the Village now in effect
or hereafter enacted.
(2)
Plumbing. All plumbing work shall be in accordance with all
applicable ordinances of the Village and all state codes. Every private
or residential swimming pool shall be provided with a suitable draining
method and in no case shall waters from any pool be drained into the
sanitary sewer system or onto lands of other property owners.
(3)
Electrical installations. All electrical installations, including
lighting and heating but not limited thereto, which are provided for,
installed and used in conjunction with a private swimming pool shall
be in conformance with the state laws and Village ordinances regulating
electrical installations.
E.
Setbacks and other requirements.
(1)
Private swimming pools shall be erected or constructed on rear
or side lots only and only on a lot occupied by a principal building.
No swimming pool shall be erected or constructed on an otherwise vacant
lot. A lot shall not be considered vacant if the owner owns the contiguous
lot and said lot is occupied by a principal building.
(2)
All swimming pools shall be at least 10 feet from any lot line
or building unless designed and approved as an addition to a building.
F.
Enclosure.
(1)
Fence; in-ground pools. All outdoor, in-ground swimming pools
shall be completely enclosed by a fence of sufficient strength to
prevent access to the pool or shall have a cover or other protective
device over such swimming pool of such design and material that it
can be securely fastened in place and sustain the weight of a person
weighing 250 pounds. Such cover or protective device shall be securely
fastened in place whenever the pool is not in use. Such fence or wall
shall not be less than four feet in height completely enclosing the
pool with no opening therein (other than doors or gates) larger than
three inches square. All gates or doors opening through the enclosure
shall be kept securely closed and locked at all times when not in
actual use and shall be equipped with a self-closing and self-latching
device designed to keep and be capable of keeping such door or gate
securely locked at all times when not in actual use.
[Amended 11-14-2005 by Ord. No. 20-05]
(2)
Aboveground pools; pool wall barrier.
(a)
An approved barrier shall consist of a solid wall of durable
material of which the pool itself is constructed and shall extend
directly above the vertical water-enclosing wall of the pool. Such
walls shall extend more than three feet above the level of the ground
immediately adjacent to the pool. Such a solid pool-wall barrier shall
not be located within six feet of any other wall or fence or other
structure which can be readily climbed by children. Every entrance
to a pool, such as a ladder, must be secured or adequately safeguarded
to prevent unauthorized entry into the pool.
(b)
The pool enclosure may be omitted where portable pools are installed
above ground and have a raised deck around the entire pool perimeter
with an attached enclosed railing a minimum of 36 inches high on the
top.
G.
Compliance. All swimming pools existing at the time of passage of
this chapter not satisfactorily fenced shall comply with the fencing
requirements of this section or when water is placed in the pool.
Enclosures on existing pools shall be inspected by the Building Inspector
for compliance. Variations in enclosure requirements that do not adversely
affect the safety of the public may be approved.
H.
Draining and approval thereof. No private swimming pool shall be
constructed so as to allow water therefrom to drain into any sanitary
sewer nor to overflow upon or cause damage to any adjoining property.
Provisions may be made for draining the contents of any swimming pool
into a storm sewer, but such installation shall be subject to prior
approval by the Plumbing Inspector.
I.
Filter system required. All private swimming pools within the meaning
of this chapter must have, in connection therewith, some filtration
system to assure proper circulation of the water therein and maintenance
of the proper bacterial quality thereof.
J.
Dirt bottoms prohibited. All swimming pools of a permanent nature
shall have the sides and bottom of a smooth finish, and no sand or
dirt bottom shall be permitted.
A.
No person shall store firewood in the front yard on residentially
zoned property, except that firewood may be temporarily stored in
the front yard for a period of 30 days from the date of its delivery.
B.
Firewood should be neatly stacked and may not be stacked closer than
five feet to any lot line and not higher than six feet from grade,
except adjacent to a fence where firewood can be stacked against the
fence as high as the fence. Fences as used in this section shall not
include hedges and other vegetation.
C.
All brush, debris and refuse from processing of firewood shall be
promptly and properly disposed of and shall not be allowed to remain
on the premises.
D.
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 public nuisances and may
be abated pursuant to the provisions of this chapter.
E.
Not more than 20% of the side and rear yard may be used for storage
of firewood at any one time.
All new institutional, commercial and office developments exceeding 5,000 square feet of gross floor area shall be considered "group developments" and shall comply with all requirements of § 250-47. All uses classified as group developments require a conditional use permit per § 250-124. These conditions shall also be applied to all building additions to existing buildings which bring the total buildings size to over 5,000 gross square feet. Such conditions shall apply to both new development and to portions of development prior to the adoption of this chapter. This five-thousand-square-foot limit shall apply to individual freestanding buildings and to multiple-building developments in which the combined total of all structures within a development (regardless of diverse lotting, use or tenancy) combine to more than 5,000 gross square feet.
A.
Determinations necessary for administration and enforcement of performance
standards set forth herein range from those which can be made with
satisfactory accuracy by a reasonable person using normal senses and
no mechanical equipment to those requiring great technical competence
and complex equipment for precise measurement. It is the intent of
this chapter that:
(1)
Where determinations can be made by the Zoning Administrator
using equipment normally available to the Village or obtainable without
extraordinary expense, such determinations shall be so made before
notice of violations is issued.
(2)
Where technical complexity or extraordinary expense makes it
unreasonable for the Village to maintain the personnel or equipment
necessary for making difficult or unusual determinations, procedures
shall be available for causing corrections or apparent violations
of performance standards, for protecting individuals from arbitrary,
capricious and unreasonable administration and enforcement of performance
standard regulations, and for protecting the general public from unnecessary
costs for administration and enforcement.
(a)
The Zoning Administrator shall give written notice, by certified
mail or other means, ensuring a signed receipt for such notice, to
the person or persons responsible for the alleged violations. The
notice shall describe the particulars of the alleged violation and
the reasons why the Zoning Administrator believes there is a violation
in fact and shall require an answer or correction of the alleged violation
to the satisfaction of the Zoning Administrator.
(b)
The notice shall state and it is hereby declared that failure
to reply or to correct the alleged violation to the satisfaction of
the administrative official within the time limit set constitutes
admission of violation of the terms of this chapter. The notice shall
further state that, upon request of those to whom it is directed,
technical determination as described in this chapter will be made,
and that if violations as alleged are found, costs of such determinations
shall be charged against those responsible for the violation, in addition
to such other penalties as may be appropriate, but that if it is determined
that no violation exists, the cost of the determination will be paid
by the Village.
