Town of Barton, WI
Washington County
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Table of Contents
Table of Contents
Any use established hereafter in any zoning district shall be so operated as to comply with the hazard abatement performance standards set forth in this article, as well as all applicable state and federal regulations, unless otherwise specified.
A. 
Smoke and particulate matter. The provisions of Subsection A(1) and (2) below shall not apply in the case of an equipment breakdown which makes compliance not reasonably possible and shall not apply to home fireplaces not used for heating, to barbecues, campfires on legal campgrounds, and to burning incidental to agricultural operations for clearing land, but not for waste disposal.
(1) 
Measurement of smoke emissions. Smoke emissions shall be measured by the use of the Ringelmann Chart, as adopted and published by the United States Department of the Interior, Bureau of Mines Information Circular 8333, May 1967, on which are illustrated graduated shades of gray for use in estimating the light-obscuring capacity of smoke. All uses shall conform with the following standard. The density of smoke shall be measured at the point of emission, except, when the point of emission cannot be readily observed, it may be measured at an observable point on the plume nearest the point of emission.
(2) 
Established requirements not to be exceeded. No person or activity shall emit any fly ash, dust, fumes, vapors, mists, or gases in such quantities so as to substantially contribute to exceeding the established requirements of the Town of Barton, Washington County, State of Wisconsin, or federal air pollution standards set forth by the United States Environmental Protection Agency. In case of conflict, the most restrictive requirements shall govern.
(3) 
Maximum amount of particulate matter on a single site. Emission of particulate matter from all sources shall be included in the maximum amount permitted for a single site as prescribed by the requirements of the agencies and regulations cited in Subsection A(2) above.
(4) 
Windborne particulate matter. Emission of particulate matter from materials or products subject to becoming windborne from such sources as storage areas, yards, roads, and so forth, within lot boundaries, shall be kept to a minimum by landscaping, paving, wetting, or other means not in violation of any other applicable laws or regulations in order to render the surface wind-resistant.
(5) 
Maximum smoke units. No stack shall emit more than 10 smoke units during any one hour, nor shall smoke of a density in excess of Ringelmann No. 2 be emitted, provided that during a single one-hour period in each twenty-four-hour day, each stack may emit up to 20 smoke units when blowing soot or cleaning fires, and during such cleaning of fires, smoke of a density of Ringelmann No. 3 may be emitted, but not for more than four minutes each period except for a plume consisting entirely of condensed steam.
(6) 
Declaration of public nuisance. In addition to the performance standards specified herein, the emission of smoke or particulate matter in such manner or quantity as to be detrimental to or endanger the public health, safety, comfort, or welfare is hereby declared to be a public nuisance.
B. 
Toxic and noxious matter. All uses shall conform with the following standards:
(1) 
Ambient air quality standards. The ambient air quality standards of the State of Wisconsin and the United States Environmental Protection Agency, or any other federal agency having jurisdiction, shall limit the release of airborne toxic and noxious materials. In case of conflict, the most restrictive requirements shall govern.
(2) 
Toxic materials not included in ambient air quality standards. When toxic materials are not included in the ambient air quality standards of the State of Wisconsin, the United States Environmental Protection Agency, or any other federal agency, the release of such materials shall not exceed 1/40 of the threshold limit value across site boundary lines of those toxic materials currently listed in the "Threshold Limit Values" adopted by the American Conference of Governmental Industrial Hygienists. Unless otherwise stated, the measurement of all toxic and noxious matter shall be at ground level or habitable elevation and shall be the average of a twenty-four-hour sampling period. The Town of Barton may request that an applicant submit a statement from the Wisconsin Department of Natural Resources that the proposed levels of toxic matter to be released will not result in any hazard to human life or health or to wildlife.
(3) 
Discharge across property boundaries prohibited. No use on any property shall discharge across the boundaries of said property toxic or noxious matter in such concentrations as to be detrimental to or endanger the public health, safety, comfort, or welfare or cause injury or damage to other property or business.
Fire and explosive hazards shall be controlled as set forth in this section.
A. 
Storage or manufacture of materials or products which decompose by detonation not permitted. Activities involving the storage or manufacture of materials or products which decompose by detonation are not permitted unless licensed by the Town of Barton. If such activities are permitted by Town of Barton license, such activities shall take place exclusively in the LM District.
B. 
Storage, utilization, or manufacture of materials ranging from free to active burning may be permitted with conditions. The storage, utilization, or manufacture of materials ranging from free to active burning, as determined by the Town Board based upon recommendation by the Zoning Administrator and Plan Commission, is permitted in the LM or BP (storage only in the BP District) Districts under the following conditions:
(1) 
Location. All storage, utilization, or manufacture of such materials or products shall be within completely enclosed buildings or structures having noncombustible exterior walls.
(2) 
Setbacks and sprinkler protection. All such buildings or structures shall be set back at least 40 feet from property boundaries, unless greater standards are required by the specific zoning district in which said materials are located, or, in lieu thereof, shall be protected throughout by an automatic sprinkler system complying with standards for installation prescribed by the National Fire Protection Association.
(3) 
Noncombustible to moderate burning materials. The storage, utilization, or manufacture of materials ranging from noncombustible to moderate burning, as determined by the Zoning Administrator, is permitted.
(4) 
Materials or products which produce flammable or explosive vapors. Materials or products which produce flammable or explosive vapors or gases under ordinary weather temperatures shall not be permitted, with the exception of the following, which are permitted:
(a) 
Materials required for emergency or standby equipment.
(b) 
Materials used in secondary processes which are auxiliary to a principal operation, such as paint-spraying of finished products.
(c) 
Flammable liquids and oils stored, sold, and used in conjunction with the operation of an automobile service station and customarily required or used in such operation.
(5) 
Manufacture, possession, storage, transportation, and use of hazardous materials. All manufacture, possession, storage, transportation, and use of hazardous materials which include explosives and blasting agents, flammable and combustible liquids, liquefied petroleum gas, and hazardous chemicals shall be required to comply with all applicable state and local fire codes or as set forth in the National Fire Protection Association's Fire Protection Handbook, 1986 Edition, as amended, whichever is stricter.
(6) 
No storage allowed within one-hundred-year recurrence interval floodplain. Any permitted structural storage facilities for chemicals, explosives, buoyant materials, flammable liquids and gases, or other toxic materials which could be hazardous to public health or safety shall be located at elevations a minimum of four feet above the one-hundred-year recurrence interval flood elevation.
A. 
Measurement of glare. Glare illumination levels shall be measured with a photoelectric photometer having a spectral response similar to that of the human eye, utilizing the standard spectral luminous efficiency curve adopted by the International Commission on Illumination. Illumination levels shall be measured in footcandles with a direct-reading, portable light meter. The meter shall have a color and cosine-corrected sensor with multiple scales and shall read within an accuracy of plus or minus 5%. It shall have been tested, calibrated, and certified by an independent commercial photometric laboratory or the manufacturer within one year of the date of use.
B. 
Glare standards. All uses shall conform to the following minimum standards:
(1) 
Maximum illumination increase. Any operation or activity producing glare shall be conducted so that direct or indirect illumination from the source of light shall not cause an illumination increase in excess of 0.2 footcandle as measured at a location beyond the site boundary line as measured during the day or at night.
(2) 
Flickering and intrinsically bright sources of illumination. Flickering and intrinsically bright sources of illumination, even if meeting the standard set forth in Subsection B(1) above, shall be controlled by luminaire shielding or aiming the light source away from roads and nearby sites. Exposed sources of light shall be shielded so as not to exceed the outdoor lighting standards set forth elsewhere in this chapter.
(3) 
Reflective materials which cause glare prohibited. Reflective roofs, sidings, and building surfaces, including reflective glass, shall not be permitted, with the exception of solar heating devices.
C. 
Declaration of public nuisance. Any operation producing intense glare shall be performed within a completely enclosed building and effectively screened in such a manner as not to create a public nuisance or hazard along property boundaries.
The following standards shall apply to heat and humidity:
A. 
Location. Any activity producing intense heat shall be conducted within an enclosed building in such a manner as not to raise the temperature of the air beyond the site boundary line.
B. 
Increases in humidity in the form of steam or moist air from cooling towers or equipment. Increases in humidity in the form of steam or moist air from cooling towers or equipment shall be controlled so that they do not create an ice hazard. Cooling towers shall be controlled by either reheating the plume or using a closed system.
C. 
Declaration of public nuisance. Any operation producing intense heat or humidity shall be performed within a completely enclosed building and effectively screened in such a manner as not to create a public nuisance or hazard along property boundaries.
A. 
General water quality standards. No activity shall locate, store, discharge, or permit the discharge of any treated, untreated, or inadequately treated liquid, gaseous, or solid materials of such nature, quantity, obnoxiousness, toxicity, or temperature that might run off, seep, percolate, or wash into surface or subsurface waters so as to contaminate, pollute, or harm such waters or cause nuisances such as objectionable shore deposits, floating or submerged debris, oil or scum, color, odor, taste, or unsightliness or be harmful to human, animal, plant, or aquatic life.
B. 
Minimum state requirements to be met. No activity shall withdraw or discharge any liquid or solid materials so as to exceed, or contribute toward the exceeding of, the minimum standards set forth in Subsection A above and those other standards and the application of those standards set forth in Ch. NR 102, Wis. Adm. Code, as amended.
A. 
Measurement of noise. Noise shall be measured using a sound-level meter meeting the standards of the American National Standards Institute's (ANSI S14-1961) "American Standard Specification for General Purpose Sound Level Meters." The instrument shall be set to the A-weighted filter response scale and the meter to the slow response. Measurements shall be conducted in accord with ANSI S1.2-1962, "American Standard Method for the Physical Measurement of Sound." Measurements of sound may be made at any point along a district boundary or site boundary line. In the case of measuring impact sounds, however, the impact sound shall be measured using the fast response of the sound-level meter. Traffic, aircraft, and other background noises must not be considered in measuring noise levels, except when the background noise constitutes a part of the noise being measured.
B. 
Exemptions from standards of this section. Noises exempt from the requirements of this section include the following (also see § 500-84):
(1) 
Noises of vehicles.
(2) 
Home appliances.
(3) 
Chain saws, lawn mowers, and snowblowers in private use (not including commercial repair services).
(4) 
Occasionally used safety signals, warning and emergency signals, and emergency pressure-relief valves.
(5) 
Unamplified human voice.
(6) 
Legal freedom of speech bells or chimes.
(7) 
The lowing of cattle, the clucking of fowl, the neighing of horses, or other sounds of reasonably cared for agricultural animals, as well as the sound of necessary farming equipment for a bona fide agricultural operation.
(8) 
Temporary construction operations.
(9) 
Noise levels in the QE Quarrying and Extractive District, which shall be regulated by the conditions set forth in a special use permit.
C. 
Maximum permitted sound levels in all zoning districts. At no point either on the boundary of a zoning district or site boundary line shall the sound level of a use exceed the decibel level shown in Table 500-103C for the zoning districts indicated.
Table 500-103C
Maximum Permitted Sound Levels in dBA by Zoning District
Zoning District
Maximum Permitted Sound Level (dBA) 7:00 a.m. to 10:00 p.m.
Maximum Permitted Sound Level (dBA) 10:00 p.m. to 7:00 a.m.
All agricultural, all residential, NHB and I Districts (including residential, institutional, and commercial retail sales and service uses in any PUD District)
50
45
CB and FB Districts
65
60
LM and BP Districts (including industrial uses in any PUD District)
65
65
PR District
55
55
D. 
Increases to maximum permitted sound levels. The sound levels set forth in Table 500-103C may be exceeded by 10 dBA for a single period, not to exceed 15 dBA in any one day except in the CB, FB, LM, BP, QE, PR, and PUD (business and industrial uses only) Districts.
E. 
Impact noises. For impact noises, the sound levels set forth in Table 500-103C may be increased by 10 dBA in the LM and BP Districts.
F. 
Creation of excessive noise in noise-sensitive areas prohibited. The creation of, or causing the creation of, any sound within any noise-sensitive area, containing a hospital, nursing home, school, court or other designated area, so as to exceed the specified land use noise standards set forth in this section is prohibited, provided that conspicuous signs are displayed indicating the presence of the noise-sensitive area.
G. 
Creation of excessive noise in areas adjacent to noise-sensitive areas prohibited. The creation of, or causing the creation of, any sound adjacent to any noise-sensitive area, containing a hospital, nursing home, school, court or other designated area, so as to exceed the specified land use noise standards set forth in this section and to interfere with the functions of such activity or annoy the occupants in the activity, is prohibited, provided that conspicuous signs are displayed indicating the presence of the noise-sensitive area.
H. 
Occasional outdoor activities exempted. The provisions of this section shall not apply to occasional outdoor gatherings, public dances, shows, and sporting and entertainment events (excluding regularly scheduled school athletic events), provided the events are conducted pursuant to any permits issued by the Town of Barton relative to the event.
I. 
Barking of dog(s). The continual barking of dog(s) for one continuous fifteen-minute period during any given twenty-four-hour period shall not be permitted.
[Amended 3-3-2004 by Ord. No. 04-001; 4-19-2011 by Ord. No. 11-001]
This section is applicable to all zoning districts and uses except agricultural uses and activities conducted within the EA, AT, GA, HFA, and R-1 Districts, and on the open space areas of open space subdivisions and open space condominiums within the R-1, R-2, R-3, R-4, and R-5 Districts as defined herein.
A. 
Generation of odor. Any use in any district may generate any odor that reaches the odor threshold concentration or does not exceed the lowest amount set forth in Table III, "Odor Thresholds," of Chapter 5, "Physiological Effects," of the Air Pollution Abatement Manual of the Manufacturing Chemists Association, according to the latest edition of such table for the compounds therein described. For compounds not described in Table III, odor thresholds may be established by methods indicated in Chapter 5 of the manual. No odor shall be permitted at any lot line exceeding the amount determined by the application of such methods as measured at:
(1) 
Two or more uses occupying a single lot or parcel of land. The outside boundary of the immediate space occupied by the use generating the odor.
(2) 
Single use lot or parcel of land. The lot line of the use generating the odor if said use is the only use on the lot.
B. 
Public nuisance or hazard prohibited. The emission of odorous matter from any property in such concentrations at any point along the boundaries of said property or in such concentrations as to create a public nuisance or hazard beyond such boundaries is prohibited.
All uses shall conform to the following specified standards pertaining to radioactivity:
A. 
Maximum concentrations of radioactivity permitted. The maximum permissible concentrations of radioactivity that can be released shall be subject to the regulations of the State of Wisconsin, the United States Atomic Energy Commission, and any other federal agency having jurisdiction. In the case of conflict, the most restrictive requirements shall govern.
B. 
Storage of radioactive materials. Radioactive materials shall be stored in fireproof containers made of steel and concrete, but shall not be stored in containers made of lead or other low-melting metals or alloys, unless completely encased in steel.
C. 
Medical sources of radiation residues. Medical sources of radiation residues, such as X-ray machines, gamma and neutron sources, and pharmaceutical isotopes which are used for diagnostic and therapeutic purposes, shall be permitted when located within a hospital, clinic, medical or dental office, or medical research facility. Other uses of radioactive materials shall be limited to measuring in X-ray and similar apparatus and in connection with the processing and preservation of food.
A. 
Measurement. Earthborne vibrations are measured with a seismograph or accelerometer and are measured in three mutually perpendicular directions (one vertical and two horizontal). Vibration shall be measured at the site boundary lines. All uses shall conform to the standards set forth in this section.
B. 
Permitted steady-state vibration displacement. Except for temporary construction activities and agricultural activities, no activity shall cause or create a displacement in excess of the permitted steady-state vibration displacement for the frequencies set forth in Table 500-106B.
Table 500-106B
Maximum Permitted Steady-State Vibration Displacement
Frequency
(cycle per second)
Vibration Displacement
(inches)
10 and below
0.0008
10 to 20
0.0005
20 to 30
0.0003
30 to 40
0.0002
40 and over
0.0001
C. 
Impact vibrations. For impact vibrations, the maximum permitted vibration displacement shall be twice that permitted for steady-state vibrations.
D. 
Temporary construction activities exempt from requirements. Vibrations resulting from temporary construction activity that occurs between 7:00 a.m. and 7:00 p.m. shall be exempt from the requirements of this section, provided that steady-state vibrations and impact vibrations shall not exceed twice the permitted displacement for permanent operations.
E. 
Prohibition on vibrations beyond property boundaries. Except for temporary construction activities and blasting which may be allowed by special use permit in the QE Quarrying and Extractive District, no activity shall be permitted which creates a vibration beyond the boundaries of the site of the activity sufficient to cause a displacement of 0.003 of one inch.
F. 
Public nuisance prohibited. In no case shall vibrations be allowed to create a public nuisance or hazard beyond the property boundaries.
A. 
No use, activity, or process allowed which produces electric and/or magnetic fields or radiation with adverse effects. In all zoning districts, no use, activity, or process shall be conducted which produces electric and/or magnetic fields or radiation which adversely affects public health, safety, and welfare, including but not limited to interference with normal radio, telephone, or television reception from off the premises where the activity or process is conducted or the use is located.
B. 
Minimum standards for electromagnetic radiation. Where electrical systems are planned to be established which are either equal to or exceed a level of electromagnetic radiation of 60 Hertz (Hz), the following standards shall be applicable:
(1) 
Environmental and health assessment reports required. Environmental and health assessment reports of such proposed systems shall be prepared at the expense of the developer of such systems. An electromagnetic field mitigation plan shall be a component of all such reports.
(2) 
Location of residential land uses and places of assembly. No residential land uses or places of assembly shall be allowed to be sited in areas exposed to four or more milligauss of 60 Hertz (Hz) electromagnetic fields.
The following standards shall apply to chemical, asbestos, or other hazardous materials or wastes use and/or storage:
A. 
Location. Any activity involving chemical, asbestos, or other hazardous materials or wastes use or storage shall be conducted within an enclosed building.
B. 
Transfer off parcel by natural causes or forces prohibited. No chemical, asbestos, or other hazardous materials or wastes shall be deposited upon a parcel in any zoning district in such form or manner that they may be transferred off of the parcel by natural causes or forces.
C. 
Outdoor storage prohibited. In all zoning districts, no chemical, asbestos, or other hazardous materials or wastes which might cause fumes, dust, or which constitute a fire hazard or which may be edible by or otherwise attractive to rodents or insects shall be stored outdoors.
D. 
Public nuisance prohibited. In no zoning district shall the storage of chemical, asbestos, or other hazardous materials or wastes be allowed to create a public nuisance or hazard beyond the property boundaries.
E. 
Compliance with all fire and building codes for hazardous materials use and storage. In all zoning districts, uses involving the storage of chemicals, asbestos, or other hazardous materials or wastes shall be designed to comply with all fire and building codes for the hazardous materials use and storage, and adequate precautions using the best technology available shall be taken to protect against negative off-site impacts of a hazardous materials release.
F. 
Hazardous materials impact analysis required. In all zoning districts where chemical, asbestos, or other hazardous materials or wastes are used or stored, a hazardous materials impact analysis shall be required to determine potential off-site impacts and required mitigation precautions. Said hazardous materials impact analysis shall be submitted to the Plan Commission for its review and consideration.