It is the intent of this article to use performance standards
for the regulation of uses to facilitate a more objective and equitable
basis for control and to insure that the community is adequately protected
from potential hazardous and nuisance-like effects. This chapter permits
specific uses in specific districts, and these performance standards
are designed to limit, restrict and prohibit the effects of those
uses outside their premises or district. No structure, land or water
shall hereafter be used except in compliance with the district regulations
and with the following environmental performance standards.
A.
No activity in any zoning district shall produce a sound level outside
its premises exceeding 75 dBA from 7:00 a.m. to 11:00 p.m. and 70
dBA from 11:00 p.m. to 7:00 a.m. beyond the property line; and no
activity in any zoning district shall produce a sound level outside
its premises for such length of time as to be a nuisance which substantially
annoys, injures, endangers or otherwise adversely affects the comfort,
health, peace or safety of the public.
B.
Exempt noises. The following noises are exempt from the regulations:
(1)
Noises not directly under the control of the property owner.
(2)
Noises from temporary construction or maintenance activities during
daylight hours.
(3)
Noises from emergency, safety or warning devices, including emergency
pressure-relief valves and emergency electric generators.
(4)
Chain saws, lawn mowers, and snowblowers in private use (not commercial
repair services).
(5)
The sounds of cattle, fowl, horses, or other sounds of reasonably
cared for agricultural or domestic animals, and the sound of necessary
farming equipment for a bona fide agricultural operation.
(6)
Noises from moving sources such as automobiles and trucks on public
rights-of-way, railroad equipment on railroad rights-of-way and railroad
spurs on private property and airplanes.
A.
No operation or activity shall transmit any physical vibration that
is above the vibration perception threshold of an individual at or
beyond the property line of the source. "Vibration perception threshold"
means the minimum ground- or structure-borne vibrational motion necessary
to cause a normal person to be aware of the vibration by such direct
means as, but not limited to, sensation by touch or visual observation
of moving objects.
B.
Vibrations not directly under the control of the property user and
vibrations from temporary construction or maintenance activities shall
be exempt from the above standard.
No unsanctioned activity shall emit glare or heat that is visible
or measurable outside its premises, except activities in the Industrial
District which may emit direct or sky-reflected glare which shall
not be visible outside their district. All operations producing intense
glare or heat shall be conducted within a completely enclosed building.
Exposed sources of light shall be shielded so as not to be visible
outside their premises.
No operation or activity shall emit any substance or combination
of substances in such quantities that create an objectionable odor
as defined in applicable provisions of Ch. NR 429, Wis. Adm. Code,
or any applicable provisions of the Wisconsin Statutes, as amended
from time to time.
All activities involving the manufacturing, utilization, processing
or storage of inflammable and explosive material 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.
A.
No operation or activity shall emit into the ambient air from any
direct or portable source any matter that will affect visibility in
excess of the limitations established in § 285.27, Wis.
Stats., as amended from time to time.
B.
No activity or operation shall be established or maintained which,
by reason of its nature, causes emission of 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 property as provided
under Ch. 285, Wis. Stats., as amended from time to time.
A.
Pollutants. No operation or activity shall emit any hazardous substances
in such a quantity, concentration or duration as to be injurious to
human health or property, and all emissions of hazardous substances
shall not exceed the limitations established in Ch. 285, Wis. Stats.,
as amended from time to time.
B.
Liquid or solid wastes. 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 activity shall emit radioactivity or electrical disturbances
outside its premises that are dangerous or adversely affect the use
of neighboring premises.
All waste material, debris, refuse or garbage not disposed of
through the public sanitary sewerage system shall be kept in an enclosed
building or properly contained in a closed container designed for
such purposes. The owner of vacant land shall be responsible for keeping
such land free of refuse.
