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.
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.
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.
[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:
(1)
Two or more uses occupying a single lot or parcel of land. The
outside boundary of the immediate space occupied by the use generating
the odor.
(2)
Single use lot or parcel of land. The lot line of the use generating
the odor if said use is the only use on the lot.
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.
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.