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:
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.
