(1)
Permitted uses.
(a)
Permitted uses of land, buildings or structures as hereinafter listed in the Manufacturing District shall be permitted under the conditions specified. No land, buildings or structures shall be devoted to any use other than a use permitted hereinafter in the Manufacturing District, with the exception of the following:
(b)
Uses lawfully established on the effective date of this chapter (April 8, 1964) and rendered nonconforming by the provisions thereof shall be subject to the regulations of the Wisconsin Statutes governing nonconforming uses.
(2)
Conditional uses. Conditional uses as listed in this district may be allowed only upon the issuance of conditional use permits in accordance with the procedures set forth herein.
[Amended 1-21-2025 by Ord. No. 968]
(3)
General regulations.
(a)
No lot, parcel or tract of land shall be used and no building or structure shall be erected, altered or remodeled for any of the following uses: abattoirs; arsenals; crematories; creosote treatment or manufacture; fat rendering; fertilizer manufacture; fireworks or explosive manufacture or storage; dumping, reduction or other processing of garbage, dead animals, offal or refuse, except as customarily incidental to a permitted principal use; ore reduction; petroleum processing or refining; pyroxylin manufacture; natural or synthetic rubber, caoutchouc or gutta percha manufacture or treatment; salt works; sauerkraut manufacture; soap manufacture; smelters; stockyard or slaughter of animals or fowl; tallow, grease or lard manufacture or treatment; tanning, curing or storage of rawhides or skins; tar distillation or manufacture; cement concrete or asphaltic concrete mixing plants; junkyards; or automobile wrecking yards.
(b)
All activities involving the manufacturing, fabricating, assembly, disassembly, repairing, storing, cleaning, servicing and testing of materials, goods and products shall be within completely enclosed buildings, except that outside accessory storage and operations shall be permitted if behind a solid fence or wall or chain link fence with planting of trees and shrubs in front of such fence.
(c)
No buildings, structures or parcels of land which are used for the manufacturing, fabricating, assembly, disassembly, repairing, storing, cleaning or servicing of materials, products or goods shall be located within 100 feet of any lot line of a lot located in any residence district, and when directly across a street from such district, there shall be provided for such uses a yard along the intervening street of not less than 50 feet in depth.
(4)
Performance standards.
(a)
General. Any use established in the M Districts after the effective date of this chapter (April 8, 1964) shall be operated to comply with the performance standards governing noise, vibration, smoke and particulate matter, toxic and noxious matter, odorous matter, fire and explosive hazards, and glare and heat set forth herein for the district in which such use shall be located. No use already established shall conflict with or further conflict with the applicable performance standards established for the district in which such use is located.
(b)
Noise.
1.
Sound levels shall be measured with a sound-level meter and associated octave band filter manufactured according to standards prescribed by the American Standards Association. The flat network and the slow meter response shall be used. Sounds of short duration, as from forge hammers, punch presses and the like, which cannot be measured accurately with the sound-level meter, shall be measured with the impact noise analyzer as manufactured by the General Radio Company or its equivalent in order to determine the peak value of the impact. For sounds so measured, the peak values shall not exceed by six decibels the values given in Subsection (4)(b)2 below.
2.
At no point on the boundary of a residence or business district shall the sound-pressure level of any operation or plant (other than background noises not directly under the control of the manufacturer) exceed the decibel limits in the octave bands designated as follows:
Octave Band Frequency (cycles per second) | Residence District Boundaries | Business District Boundaries | |
|---|---|---|---|
0 to 75 | 72 | 79 | |
75 to 150 | 67 | 74 | |
150 to 300 | 59 | 66 | |
300 to 600 | 52 | 59 | |
600 to 1,200 | 46 | 53 | |
1,200 to 2,400 | 40 | 47 | |
2,400 to 4,800 | 34 | 41 | |
Over 4,800 | 32 | 39 |
(c)
Vibrations.
1.
Vibrations within a district shall be controlled so as not to become a nuisance to adjacent uses.
2.
No industrial operation or activity (except those not under the direct control of the manufacturer) shall cause at any time ground-transmitted vibrations in excess of the limits set forth as follows. Vibrations shall be measured at any point along a residence district boundary line with a three-component measuring instrument approved by the Zoning Administrator and shall be expressed as displacement in inches.
Frequency (cycles per second) | Maximum Permitted Displacement Along Residence District Boundaries (inches) | |
|---|---|---|
0 to 10 | 0.0008 | |
10 to 20 | 0.0005 | |
20 to 30 | 0.0002 | |
30 to 40 | 0.0002 | |
40 and over | 0.0001 |
(d)
Smoke and particulate matter.
1.
Any use already established on the effective date of this chapter (April 8, 1964) shall be permitted to be altered, enlarged, expanded or modified, provided that new sources of smoke or particulate matter conform to the performance standards established hereinafter for the district in which such use is located. The total emission weight of particulate matter from all sources within the boundaries of the lot shall not exceed the net amount permitted in the district in which the use is located after such alteration, enlargement, expansion or modification.
2.
For the purpose of grading the density of smoke, the Ringelmann Chart, published and used by the United States Bureau of Mines, shall be employed. There shall be no emission of smoke or particulate matter of a density greater than No. 2 on the Ringelmann Chart, except as otherwise provided hereinafter.
3.
There shall be no emission, from all sources within any lot area, of particulate matter containing more than 5% by weight of particles having a particle diameter larger than 44 microns.
4.
Dust and other types of air pollution borne by the wind from such sources as storage areas, yards, roads and so forth within lot boundaries shall be kept to a minimum by appropriate landscaping, paving, oiling or other acceptable means. There shall be no emission of particulate matter from such sources in excess of the weight limitations specified herein for the district in which such use shall be located.
5.
The emission of more than 12 smoke units per stack in any thirty-minute period is prohibited, including smoke in excess of Ringelmann No. 2. However, once during any three-hour period, each stack shall be permitted up to 20 smoke units (not to exceed Ringelmann No. 3) in 30 minutes for soot blowing and fire cleaning.
6.
The rate of particulate matter emission from all sources within the boundaries of any lot shall not exceed a net figure of one pound per acre of lot area during any one-hour period, after deducting from the gross hourly emission per acre the correction factor set forth in the following table:
Allowance for Height of Emission* | ||
|---|---|---|
Height of Emission Above Grade (feet) | Correction (pounds per hour per acre) | |
50 | 0.01 | |
100 | 0.06 | |
150 | 0.10 | |
200 | 0.16 | |
300 | 0.30 | |
400 | 0.50 | |
*Interpolate for intermediate values not shown in table. |
7.
Determination of the total net rate of emission of particulate matter within the lot boundaries of any lot shall be made as follows:
a.
Determine the maximum emission in pounds per hour from each source of emission and divide this figure by the number of acres of lot area, thereby obtaining the gross hourly rate of emission in pounds per acre.
b.
From each gross hourly rate of emission derived in the above item, deduct the correction factor (interpolating as required) for height of emission set forth in the table, thereby obtaining the net rate of emission in pounds per acre per hour from each source of emission.
c.
Add together the individual net rates of emission derived in the above item to obtain the total net rate of emission from all sources of emission within the boundaries of the lot; such total shall not exceed one pound per acre of lot area during any one hour.
(e)
Toxic and noxious matter. No activity or operation shall cause at any time the discharge of toxic or noxious matter across lot lines in such concentrations as to be detrimental to or endanger the public health, safety, comfort or welfare or cause injury or damage to property or business. In no case shall the concentration of toxic materials released across lot lines exceed 10% of the value permitted an industrial worker. [Reference: Threshold limit values for 1960, American Conference of Governmental Industrial Hygienists, A.M.A. Archives of Environmental Health 1,140 (1960).]
(g)
Fire and explosive hazards.
1.
Activities involving the manufacture of materials or products which decompose by detonation are permitted only when specifically licensed by the Village Board. Activities involving the storage and utilization of materials or products which decompose by detonation are permitted only in the M Districts and then only when specifically licensed by the Village Board. Such materials include but are not limited to all primary explosives such as lead azide, lead styphnate, fulminates and tetracene; all high explosives such as TNT, RDX, HMX, PETN and picric acid; propellants and components thereof such as nitrocellulose, black powder, boron hydrides, hydrazine and its derivatives; polytechnics and fireworks such as magnesium powder, potassium chlorate and potassium nitrate; blasting explosives such as dynamite and nitroglycerine; unstable organic compounds such as acetylides, tetrazoles and ozonides; strong oxidizing agents such as liquid oxygen, perchloric acid, perchlorates, chlorates and hydrogen peroxide in concentrations greater than 35%; and nuclear fuels, fissionable materials and products and reactor elements such as Uranium 235 and Plutonium 239.
2.
The manufacture, utilization or storage of pyrophoric and explosive dusts shall be in accordance with the safety codes of the National Fire Protection Association. Such dusts include but are not limited to aluminum bronze and magnesium powder, powdered coal, powdered plastics, flour and feed, spices, starches, sugar, cocoa, sulphur, grain (storage) and wood flour.
3.
The following additional regulations shall apply:
a.
The storage, utilization or manufacture of solid materials or products ranging from incombustible to moderate burning is permitted.
b.
The storage, utilization or manufacture of solid materials or products ranging from free or active burning to intense burning is permitted provided that such materials are stored, utilized or manufactured within completely enclosed buildings having incombustible exterior walls or protected throughout by an automatic fire extinguishing system or such materials are stored outdoors in conformance with the regulations of the Village, and such storage shall have 50 feet of clearance from all property lines.
c.
The storage and utilization of flammable liquids or materials* which produce flammable or explosive vapors or gases shall be permitted in accordance with the following table:
Total Capacity of Flammable Materials Permitted in Gallons | ||||
|---|---|---|---|---|
Above Ground | Under Ground | |||
Industries engaged in storage and distribution | ||||
Materials having a closed-cup flash point over 187° F. | Prohibited | 100,000 | ||
From and including 105° F. to and including 187° F. | Prohibited | 40,000 | ||
Less than 105° F. | Prohibited | 20,000 | ||
Industries engaged in utilization of flammable materials | ||||
Materials having a closed-cup flash point over 187° F. | 50,000 | 100,000 | ||
From and including 105° F. to and including 187° F. | 20,000 | 40,000 | ||
Less than 105° F. | 5,000 | 10,000 | ||
*When flammable gases are stored and utilized and measured in cubic feet, the quantity in cubic feet (at STP) permitted shall not exceed 300 times the quantities as listed above. |
(h)
Glare and heat. Any operation producing intense glare or heat shall be performed within a completely enclosed building in such a manner as not to create a public nuisance or hazard along lot lines. Exposed sources of light shall be shielded so as not to create a nuisance across lot lines. No illumination exceeding 0.1 footcandle shall be permitted in a residence district which has its source in a Manufacturing District.
(i)
Radiation hazards.[2]
1.
Airborne radioactive materials shall not exceed at any point on or beyond the lot line the lowest concentration permitted for the general population by applicable federal, state and local laws and regulations. Applicable federal, state and local laws and regulations shall be those in effect on the day of the application for a certificate of occupancy.
2.
No activity involving radiation hazards shall be permitted which causes to any individual who may be continuously at any point on or beyond the lot line radiation in excess of the smallest amount permitted in the applicable federal, state and local laws and regulations on the day of the application for a certificate of occupancy. Unsealed radioactive materials shall not be manufactured, utilized or stored (unless such materials are stored in a fireproof container at or below ground level) in excess of 100,000 (105) times the quantities of radioactive materials as identified by federal, state or county laws.
[2]
Editor's Note: Amended at time of adoption of Code (see Code Adoption Ordinance).