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. All structures, lands, air, and waters shall hereafter,
in addition to their use and site regulations, comply with the following
performance standards.
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 established state or federal air pollution
standards or constitute a nuisance to surrounding property owners.
Dust and other types of pollution borne by the wind from such sources
as storage areas, yards, streets, and the like within lot boundaries
shall be kept to a minimum by appropriate landscaping, paving, fencing,
watering, or other acceptable means.
All activities involving the manufacturing,
utilization, processing, or storage of flammable and explosive materials
shall provide adequate safety devices against the hazard of fire and
explosion and adequate fire-fighting 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. The aboveground storage capacity of materials that produce
flammable or explosive vapors shall not exceed a combined total of
1,000 gallons, unless approved by the Village Board after a recommendation
by the Plan Commission, and shall meet all applicable local, state,
and federal regulations, including the National Fire Protection Association
(NFPA) codes.
No activity shall emit glare or heat that is
visible or measurable outside its premises except activities 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 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. In addition, no activity shall withdraw water or
discharge any liquid or solid materials so as to exceed, or contribute
toward the exceeding of, the minimum standards set forth in Ch. NR
102, Wis. Adm. Code.
A.
No activity in an M-1 District shall produce a sound
level outside its premises that exceeds the following:
|
Octave Band Frequency
(cycles per second)
|
Sound Level
(decibels)
| |
|---|---|---|
|
0 to 75
|
72
| |
|
75 to 150
|
67
| |
|
150 to 300
|
59
| |
|
300 to 600
|
52
| |
|
600 to 1,200
|
46
| |
|
1,200 to 2,400
|
40
| |
|
2,400 to 4,800
|
34
| |
|
Above 4,800
|
32
|
B.
All noise shall be so muffled or otherwise controlled
as not to become objectionable due to intermittence, duration, beat
frequency, impulse character, periodic character, or shrillness.
C.
All sirens, whistles, and bells which are maintained
and utilized solely to serve a public purpose are exempt from the
sound level standards of this section.
No activity shall emit any odorous matter of
such nature or quantity as to be offensive, obnoxious, or unhealthful
outside its premises. The guide for determining odor measurement and
control shall be § NR 429.03, excluding § NR 429.03(2)(b),
Wis. Adm. Code, and the Village of Wales shall conduct such investigations
instead of the Wisconsin Department of Natural Resources.
No activity shall emit radioactivity or electrical
disturbances outside its premises that are dangerous or adversely
affect the use of neighboring premises. All applicable state and federal
regulations shall be complied with.
No activity in any district shall emit vibrations
outside its premises which are discernible without instruments. No
activity shall emit vibrations which exceed the following displacement
measured with a three-component measuring system:
|
Displacement
(inches)
| ||
|---|---|---|
|
Frequency
(cycles per second)
|
Outside the Premises
|
Outside the District
|
|
0 to 10
|
0.0020
|
0.0004
|
|
10 to 20
|
0.0010
|
0.0002
|
|
20 to 30
|
0.0006
|
0.0001
|
|
30 to 40
|
0.0004
|
0.0001
|
|
40 to 50
|
0.0003
|
0.0001
|
|
50 and over
|
0.0002
|
0.0001
|
It is the intent of this section to define practical
and effective measures by which the obtrusive aspects of excessive
and/or careless outdoor light usage can be minimized, while preserving
safety, security, and the nighttime use and enjoyment of property.
These measures will curtail the degradation of the nighttime visual
environment by encouraging lighting practices that direct appropriate
amounts of light where and when it is needed, increasing the use of
energy-efficient sources and decreasing excess light and glare resulting
from overlighting and poorly shielded or inappropriately directed
lighting fixtures. All outdoor illuminating devices shall be installed
in accordance with the provisions of this chapter, the building code,
and the electrical code of the Village of Wales as applicable and
under appropriate permit and inspection.[1]
A.
Applicability.[2]
(1)
New uses, buildings, and major additions or modifications.
For all proposed new land uses, developments, buildings and structures
that require a permit, that are submitted to the Village for approval
after the effective date of this chapter, all outdoor lighting fixtures
shall meet the requirements of this chapter. All building additions
or modifications of 25% or more in terms of additional dwelling units,
gross floor area, or parking spaces, either with a single addition
or with cumulative additions made subsequent to the effective date
of this provision, shall invoke the requirements of this chapter for
the entire property, including previously installed and any new outdoor
lighting. Cumulative modification or replacement of outdoor lighting
constituting 25% or more of the permitted lumens for the parcel, no
matter the actual amount of lighting already on a nonconforming site,
shall constitute a major addition for purposes of this section.
(2)
Minor additions. All building additions or modifications
of less than 25% in terms of additional dwelling units, gross floor
area, or parking spaces, either with a single addition or with cumulative
additions made subsequent to the effective date of this provision,
shall constitute a minor addition for purposes of this section.
(3)
Resumption of use after abandonment. If a property
or use with nonconforming lighting is abandoned for a period of three
months (excluding temporary or short-term interruptions for the purpose
of remodeling, maintaining, improving, or rearranging a facility),
then all outdoor lighting shall be reviewed and brought into compliance
with this chapter before the use is resumed.
(4)
Public streets. Lighting for public streets installed
by or on behalf of a unit of government and that is repaired and maintained
by a unit of government is exempt from the provisions of this chapter.
B.
Shielding and outdoor lighting standards.
(1)
Nonresidential.
(a)
All nonexempt outdoor lighting fixtures shall
be fully shielded.
(b)
All nonexempt outdoor lighting fixtures shall
be placed so as to not cause light trespass or light glare.
(c)
All nonexempt outdoor lighting fixtures shall
be of a type and placed so as to not allow any light above the horizontal,
as measured at the luminaire.
(d)
Flood or spot lamps must be aimed no higher
than 45° above straight down (halfway between straight down and
straight to the side) when the source is visible from off site a commercial
property or from a public roadway.
(e)
All nonexempt outdoor lighting fixtures on poles
shall not exceed a height of 20 feet measured from the fixture lens
to the ground level. The Plan Commission may permit a higher height
in exceptional circumstances based on the size and topography of the
site and compatibility with surrounding uses.
(f)
All lighting for commercial, industrial, and
any other nonresidential use shall be extinguished between 11:00 p.m.
(or when the business closes, whichever is later) and sunrise except
for designated security lighting. Security lighting shall be reviewed
by the Plan Commission for recommendation to the Village Board.
(g)
All light fixtures that are required to be shielded
shall be installed and maintained in such a manner that the shielding
functions effectively as described herein for fully shielded fixtures.
(h)
Beyond the shielding requirements of this chapter,
all light fixtures shall be located, aimed, or shielded so as to minimize
stray light trespassing across property boundaries. The maximum footcandles
at property lines shall not exceed 0.5 footcandle (fc). The maximum
footcandles at sidewalks and driveway aprons or entryways in street
rights-of-way shall not exceed five fc.
(i)
Commercial, industrial, or business uses shall
not exceed 70,000 lumens per acre.
(j)
Lighting for multiple uses must conform to the
shielding and timing restrictions, if any, which apply to the most
restrictive included use.
(2)
Residential.
(a)
All nonexempt outdoor lighting fixtures shall
be placed so as to not cause light trespass or light glare.
(b)
Flood or spot lamps must be aimed no higher
than 45° above straight down (halfway between straight down and
straight to the side) when the source is visible from off site a residential
property or from a public roadway.
(c)
All nonexempt outdoor lighting fixtures on poles
shall not exceed a height of 20 feet measured from the fixture lens
to the ground level. The Plan Commission may permit a higher height
in exceptional circumstances based on the size and topography of the
site and compatibility with surrounding uses.
(d)
Any lamp installed on a residential property
that is visible from another residential property shall be located,
aimed, or shielded so as to minimize stray light trespassing across
property boundaries. The maximum footcandles at property lines shall
not exceed 0.5 footcandle (fc). The maximum footcandles at sidewalks
and driveway aprons or entryways in street rights-of-way shall not
exceed five fc.
(e)
Each residential single-family home or duplex
is allowed up to 5,500 total lumens of nonexempt lighting per acre.
(f)
Beyond the shielding requirements of this chapter,
all light fixtures shall be located, aimed, or shielded so as to minimize
stray light trespassing across property boundaries.
C.
Outdoor advertising signs.
(1)
External illumination for signs shall conform to all
provisions of this chapter. All upward-directed sign lighting is prohibited.
(2)
Internally illuminated and neon signs.
(a)
Outdoor internally illuminated advertising signs
must be constructed either with an opaque background and translucent
text and symbols or with a colored background and generally lighter
text and symbols. Consideration may be entertained for standard corporate
signage. Lamps used for internal illumination of such signs shall
not be counted toward the lumen cap.
(b)
Neon signs shall be treated as internally illuminated
signs for the purposes of this chapter and shall not have their luminous
outputs counted toward the lumen cap. Neon lighting extending beyond
the area considered to be the sign area shall conform to all provisions
of this chapter. In particular, such lighting shall be treated as
decorative lighting and shall conform to the lumen cap.
(c)
Other internally illuminated panels or decorations not considered to be signage according to Article VI (such as illuminated canopy margins) shall be considered decorative lighting and shall be subject to the standards applicable to such lighting, including but not limited to the lamp source, shielding standards, and lumens per acre property cap.
(3)
Illumination for all advertising signs, both externally
and internally illuminated, shall be turned off between 11:00 p.m.
(or when the business closes, whichever is later) and sunrise. Signs
subject to curfews are required to have functioning and properly adjusted
automatic shutoff timers. Light-background internally illuminated
signs installed legally before enactment of this chapter may continue
to be used and illuminated but must conform to the curfew.
D.
Special uses.
(1)
Recreational facilities.
(a)
Lighting for outdoor athletic fields, courts,
or running tracks operated as part of a public park or part of a publicly
owned facility such as a public school or Village Hall shall be exempt
from the lumens limits of this chapter.
(b)
Fully shielded lighting is required for fields
designed for Class III or IV levels of play (typically amateur or
municipal league, elementary to high school, training, recreational,
or social levels). Facilities designed for Class I and II levels of
play (typically college, semiprofessional, professional, or national
levels) shall utilize luminaires with minimal up-light, consistent
with the illumination constraints of the design. Where fully shielded
fixtures are not utilized, acceptable luminaires shall include those
which:
(c)
All lighting installations shall be designed
to achieve no greater than the minimal illuminance levels for the
activity as recommended by the Illuminating Engineering Society of
North America (IESNA) or a similar or successor association or organization.
(d)
Every such lighting system design and installation
shall be certified by a registered engineer as conforming to all applicable
restrictions of this chapter. The installation shall also limit off-site
spill (off the parcel containing the sports facility) to the maximum
extent possible consistent with the illumination constraints of the
design. For Class III and IV levels, a design goal of five lux (0.5
fc) at any location on any nonresidential property and one lux (0.1
fc) at any location on any residential property, as measurable from
any orientation of the measuring device, shall be sought. For Class
I and II levels, a design goal of 7.5 lux (0.75 fc) at any location
on any nonresidential property and 1.5 lux (0.15 fc) at any location
on any residential property, as measurable from any orientation of
the measuring device, shall be sought
(e)
All events shall be scheduled so as to complete
all activity no later than 11:00 p.m. Illumination of the playing
field, court, or track shall be permitted after the curfew due to
unusual circumstances. Field lighting for these facilities shall be
turned off within 30 minutes after conclusion of the last event of
the night.
(2)
Outdoor display lots.
(a)
Lighting for display lots shall be exempt from
the lumens per acre limits of this chapter.
(b)
All display lot lighting shall utilize fully
shielded luminaires that are installed in a fashion that maintains
the fully shielded characteristics.
(c)
The display lot shall be designed to achieve
not greater than the minimal illuminance levels for the activity as
recommended by the Illuminating Engineering Society of North America
(IESNA) or a similar or successor association or organization.
(d)
The lighting of a display lot shall be limited
to a maximum of 0.5 fc at all property lines as measurable from any
orientation of the measuring device.
(e)
Every display lot lighting system design and
installation shall be certified by a qualified registered engineer
as conforming to all applicable restrictions of this chapter.
(3)
Building overhangs and canopies.
(a)
All luminaires mounted on or recessed into the
underside of canopies and building overhangs shall be fully shielded
and utilize flat lenses.
(b)
The total light output used for illuminating
canopies, defined as the sum of all under-canopy initial bare-lamp
outputs in lumens, shall not exceed 215 lumens per square meter (20
lumens per square foot) as measured at ground level. Luminaires mounted
on the underside or recessed into the underside of the canopy and
any lighting within signage or illuminated panels over fuel pumps
are to be included at full initial lumen output of 70,000 lumens per
acre.
(c)
The lumen output of lamps mounted on or within
the underside of a canopy is included toward the lumen caps above
according to the method defined above. Other lighting located under
a canopy but not mounted on or within the underside is included toward
the lumen caps at full initial output.
(4)
General. All lighting not directly associated with
the special use areas above shall conform to the lighting standards
described in this chapter, including but not limited to the lamp type
and shielding requirements and the lumen limits.
E.
Submission of plans or plats and evidence of compliance
with chapter.
(1)
Submission contents. The applicant for any permit
required by any provision of Village ordinances in connection with
proposed work involving outdoor lighting fixtures shall submit (as
part of the application for permit) evidence that the proposed work
will comply with this chapter. Even should no other such permit be
required, the installation or modification (except for routine servicing
and same-type lamp replacement) of any exterior lighting shall require
submission of the information described below. The submission shall
contain, but shall not be limited to, the following documents for
Plan Commission and Village Board review:
(a)
Site plans drawn to scale showing the property
lines and all new or existing structures on the property. The site
plan shall indicate the location of all new and existing illuminating
devices, including freestanding or building-mounted fixtures.
(b)
Fixture product data of all illuminating devices,
proposed and existing, indicating fixtures, lamps and wattages, supports,
reflector types, and manufacturer's photometric data showing the angle
of cutoff of light emissions.
(c)
Site plan drawn to scale indicating the actual
footcandle illumination at the ground surface plotted for each freestanding
and building-mounted, new and existing, outdoor illumination device.
Footcandles shall be plotted down to 0.1 fc and/or out to the property
lines.
(d)
A summary of the total number of lumens of all
proposed new and existing outdoor illuminating devices for the entire
property.
(2)
Subdivision plats. If any subdivision proposes or
is required to have installed street or other common or public area
outdoor lighting, submission of the information as described herein
shall be required for all such lighting.
(3)
Lamp or fixture substitution. Should any outdoor light
fixture or the type of light source therein be changed after the permit
has been issued, a change request must be submitted to the Plan Commission
for its recommendation to the Village Board for approval, together
with adequate information to assure compliance with this chapter,
which must be received prior to substitution.
(4)
Plan review. If after the Plan Commission recommendation
the Village Board determines that the proposed lighting does not comply
with this chapter, the permit shall not be issued nor the plan approved.
F.
Approved material and methods of construction or installation/operation.
The provisions of this chapter are not intended to prevent the use
of any design material or method of installation or operation not
specifically prescribed by this chapter, provided that any such alternate
has been recommended by the Plan Commission and approved by the Village
Board. The Plan Commission may recommend and the Village Board may
approve any such proposed alternate, provided that said Commission
or Board finds that it:
G.
Prohibitions.
(1)
Laser source light. The use of a laser source light
or any similar high-intensity light for outdoor advertising or entertainment,
when projected above the horizontal, is prohibited.
(2)
Searchlights. The operation of searchlights for advertising
purposes is prohibited.
(3)
Outdoor advertising off-site signs. Illumination of
outdoor advertising off-site signs is prohibited.
(4)
Distracting or nuisance lights. Flashing, flickering,
and other lights that may distract motorists and those which create
or become a public nuisance are prohibited.
H.
Temporary exemption.
(1)
Request, renewal, or information required. Any person
may submit, on a form prepared by the Village of Wales, a temporary
exemption request to the Plan Commission for recommendation to the
Village Board. The request shall contain the following information:
(a)
Specific code exemption(s) requested.
(b)
Duration of requested exemption(s).
(c)
Proposed location on premises of the proposed
light fixture(s).
(d)
Purpose of the proposed lighting.
(e)
Information for each luminaire and lamp combination
as required herein.
(f)
Previous temporary exemptions, if any, and addresses
of premises thereunder.
(g)
Such other data and information as may be required
by the Plan Commission and the Village Board.
(2)
Approval and duration. A temporary exemption request
shall be made in writing to the Plan Commission for recommendation
to the Village Board. If approved by the Village Board, the exemption
shall be valid for a designated period but shall not exceed 30 days.
One temporary permit shall be allowed for a designated period not
to exceed 30 days for the same property within one calendar year.
(3)
Disapproval or appeals. If the request for temporary
exemption or its extension is disapproved, the person making the request
will have the appeal rights provided by requesting a review by the
Village Zoning Board of Appeals. If approved, the exemption shall
be valid for a designated period but shall not exceed 30 days. One
temporary permit shall be allowed for a designated period not to exceed
30 days for the same property within one calendar year.
I.
Other exemptions.
(1)
Nonconformance. All outdoor light fixtures lawfully
installed prior to and operable on the effective date of these lighting
provisions are exempt from all requirements of this chapter for as
long as there are no changes in use or lamp type (except for the same
type and same output lamp replacement). If structural alteration is
made, or if there is a change in use of the property, then the outdoor
light fixture(s) shall be brought into compliance with all applicable
requirements of this chapter. Further, if the property is abandoned
the provisions of this chapter will be applied when the abandonment
ceases or the new use commences.[3]
(2)
Emergency and other public lighting. Emergency lighting
used by police, fire-fighting, or medical personnel or at their direction
and public lighting placed in a public right-of-way for public safety
are exempt from all requirements of this chapter.
(3)
Swimming pool and fountain lighting. Underwater lighting
used for the illumination of swimming pools and fountains is exempt
from the lamp type and shielding standards provided herein but it
must conform to all other provisions of this chapter.
(4)
Residential fixtures. Outdoor light fixtures attached
to residential buildings and located below the eave and less than
2,000 lumens each are exempt from the provisions of this chapter.
Light fixtures 2,000 lumens and over are not exempt. Outdoor fixtures
above the eave or attached to buildings or poles separate from the
residence are not exempt. Spotlights or floodlights shall be fully
shielded and directed to no more than 45° above straight down.
The acceptability and shielding restrictions applicable to a particular
lamp are decided by its initial lumen output, not wattage, based on
manufacturer's specifications. Examples of lamp types of 2,000 lumens
and less are:
(5)
Flag lighting. Lighted United States and State of
Wisconsin flags are exempt from the provisions of this chapter. All
other outdoor lighted flags, such as, but not limited to, decorative
and commercial flags, shall conform to the provisions of this chapter.
(6)
Towers. Legally required safety lighting for towers
shall be exempt from this chapter.
(7)
Special consideration. When an existing light would
be in violation of this chapter but is exempted, the exemption may
be withdrawn if the Village of Wales finds:
