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 ensure that the community is adequately protected
from potential hazardous and nuisance-like effects. The standards
contained in this article shall not be applicable to properties zoned
agricultural. 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.
No operation or activity shall transmit any noise 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. The following noises are exempt
from the regulations:
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; exempt are 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 § NR 429.03, Wis. Adm. Code.
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 Ch. NR 431, Wis. Adm. Code.
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. In no case
shall any activity emit any liquid or solid particles in concentrations
exceeding 0.3 grains per cubic foot of the conveying gas, nor any
color visible smoke equal to or darker than No. 2 on the Ringlemann
Chart described in the United States Bureau of Mines' Information
Circular 7718 in an industrial district. Fugitive emissions shall
not exceed the ambient standards for respiratory dust as established
by the United States Environmental Protection Agency, currently known
as the PM Standard.
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. NR 445, Wis. Adm.
Code.
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 person 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.
