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 Division unless otherwise specified. However, within
Planned Development Districts Nos. 23 and 24, provisions stated within
those districts shall apply when in conflict with the hazard abatement
standards of this district.
A.
Smoke and Particulate Matter. The provisions of
Paragraphs 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, 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 Ringlemann 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 City of Franklin, Milwaukee County,
State of Wisconsin, or federal air pollution standards set forth by
the U.S. 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 Paragraph
2 above.
4.
Wind-Borne Particulate Matter. Emission of particulate
matter from materials or products subject to becoming wind-borne 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 or 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 for not 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 U.S. 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 U.S. Environmental
Protection Agency, or any other federal agency, the release of such
materials shall not exceed one 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 City of Franklin 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 City of Franklin.
If such activities are permitted by City of Franklin license, such
activities shall take place exclusively in the M-2 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 determined to
be highly volatile by the Fire Chief is permitted in the M-2 District
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 in this district, 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.
Prohibition of Glare. All glare shall be prohibited,
which is defined as the direct view of any light source, whether direct
or reflected, whether natural or produced light, that temporary blinds
eye sight on neighboring properties or on adjoining right-of-ways.
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
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 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 Ordinance.
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 Paragraph A above, and those other standards and the
application of those standards set forth in Chapter NR-102 of the
Wisconsin Administrative 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 S1.4-1961) "American Standard Specification
for General Purpose Sound Level Meters." The instrument shall be set
to the Aweighted 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 § 15-3.0908):
1.
Noises of vehicles, when utilized in normal vehicle
use activities, as the vehicles were originally intended.
2.
Home appliances, when utilized as intended.
3.
Chain saws, lawnmowers, and snowblowers in private
use (not including commercial repair services), when utilized as intended.
4.
Occasionally used safety signals, warning and emergency
signals, and emergency pressure relief valves.
5.
Unamplified human voice, when not intended to disrupt
the peace.
6.
Legal freedom of speech bells or chimes.
7.
The lowing of cattle, the clucking of fowl, the
neighing of horses, the baying of hounds, or other sounds of reasonably
cared for agricultural or domestic animals, as well as the sound of
necessary farming equipment for a bona fide agricultural operation.
8.
Temporary construction operations, not earlier than
7:00 a.m., or later than 9:00 p.m.
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 15-3.1107(C) for the zoning districts indicated.
|
Table 15-3.1107(C)
| ||
|---|---|---|
|
Maximum Permitted Sound Levels in dBA by Zoning District
| ||
|
Zoning District
|
Maximum Permitted Sound Level (dBA) 7:00 a.m. - 10:00 p.m.
|
Maximum Permitted Sound Level (dBA) 10:00 p.m. - 7:00 a.m.
|
|
All Agricultural,
All Residential, B-1 and I-1
Districts
|
50
|
45
|
|
B-2, B-3, B-4, and B-5 Districts
|
65
|
60
|
|
B-6, CC, and VB Districts
|
55
|
50
|
|
M-1, M-2, BP, and L-1 Districts
|
65
|
65
|
|
P-1 District
|
55
|
55
|
|
AO Airport Overlay District
|
65 (also see § 15-3.0607)
|
65 (also see § 15-3.0607)
|
|
FW, FC, FFO, and SW Districts
|
45
|
40
|
D.
Increases to Maximum Permitted Sound Levels. The
sound levels set forth in Table 15-3.1107(C) may be exceeded by 10
dBA for a single period as indicated in Table 15-3.1107(c), not to
exceed 15 dBA in any one day except in the B-2, B-3, B-4, B-5, M-1,
M-2, BP, P-1, AO, L-1, and PDD (business and industrial uses only)
Districts.
E.
Impact Noises. For impact noises, the sound levels
set forth in Table 15-3.1107(C) may be increased by 10 dBA, in the
M-1, M-2, BP, and L-1 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 required and issued by the City
of Franklin relative to the event.
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,
and any 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. Earth-borne 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 15-3.1110(B).
|
Table 15-3.1110(B)
| |
|---|---|
|
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, 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.
Where floodproofing by means of elevating on fill is deemed
inappropriate or impractical, and where floodproofing by means other
than filling is permitted, floodproofing measures shall be in accordance
with the following:
A.
Floodproofing Measures. Floodproofing measures shall
be designed to:
1.
Withstand the flood pressures, depths, velocities,
uplift and impact forces, and other factors associated with the one-hundred-year
recurrence interval flood.
2.
Assure protection to an elevation at least two feet
above the elevation of the one-hundred-year recurrence interval flood.
3.
Provide anchorage of structures to foundations to
resist flotation and lateral movement.
4.
Ensure that the structural walls and floors are
watertight and completely dry without human intervention during flooding
to a point at least two feet above the elevation of the one-hundred-year
recurrence interval flood, and the interior remains completely dry
during flooding without human intervention.
B.
Permit or Variance. No permit or variance shall
be issued until the applicant submits a plan or document certified
by a registered professional engineer or architect certifying that
the floodproofing measures are adequately designed to protect the
structure or development to a point at least two feet above the elevation
of the one-hundred-year recurrence interval flood.
C.
Additional Floodproofing Measures. Floodproofing
measures may include, but are not limited to, any one or combination
of the following measures:
1.
Reinforcement of walls and floors to resist rupture
or collapse caused by water pressure or floating debris.
2.
Addition of mass or weight to structures to prevent
flotation.
3.
Placement of essential utilities above the flood
protection elevation.
4.
Installation of surface/subsurface drainage systems,
including pumping facilities, to relieve external foundation wall
and basement floor pressures.
5.
Construction of water supply wells and waste treatment
and collection systems to prevent the infiltration of floodwaters
into such systems.
6.
Cutoff valves on sewer lines and the elimination
of gravity flow basement drains.
7.
The additional floodproofing measures identified
in the definition of "floodproofing" in § 15-11.0103.
