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, site and sanitary regulations, comply with
the following performance standards.
No person in any district shall allow or permit
the exterior areas of any structure, lot or parcel to remain in a
condition that is not in accordance with the following:
A.
All exterior areas or surfaces of any premises shall
be kept in a clean and sanitary condition, free from any accumulation
of refuse or any similar material which would or may cause fire, safety
or health hazards or a serious blighting influence, except usable
uncontaminated firewood stored in an orderly fashion which does not
pose any safety or health hazard.
B.
Refuse on public property. It is unlawful for any
person to throw or deposit refuse upon any public place within the
Village of Elm Grove except in authorized public receptacles or in
authorized private receptacles for collection.
C.
Refuse on private property. It is unlawful for any
person to throw, deposit, keep, maintain or accumulate refuse on any
private property within the Village of Elm Grove in such a manner
as to create a blighting influence.
It is unlawful for any person or contractor
in any district, except an employee of the Public Works Department
of the Village of Elm Grove, to deposit or cause to be deposited any
snow or ice on or against any fire hydrant or mailbox, or upon any
paved right-of-way or other public place in any manner so as to restrict
access to or use or maintenance of such fire hydrant, mailbox, paved
public right-of-way or other public place.
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.
All activities involving the manufacturing,
utilization, processing or storage of flammable and explosive materials
shall be in accordance with established state and federal regulations.
No activity shall emit glare or heat that is
visible or measurable outside its premises. All operations producing
intense glare or heat shall be conducted within a completely enclosed
structure. Exposed sources of light shall be shielded so as not to
be visible outside their premises.
A.
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.
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 and those other standards and
the application of those standards set forth in the Wisconsin Administrative
Code
No activity in any district shall produce a sound level outside its premises that exceeds the standards set forth in Chapter 208, Peace and Good Order, of the Code of the Village of Elm Grove.
No activity shall emit any odorous matter of
such nature or quantity as to be offensive, obnoxious or unhealthful
outside their premises in accordance with the applicable state and
federal regulations.
No activity shall emit radioactivity or electrical
disturbances outside its premises that are dangerous or adversely
affect the use of neighboring premises in accordance with applicable
state and federal regulations.
No activity in any district shall emit vibrations
which are discernible without instruments outside its premises.
A.
Purpose, applicability and goals.
(1)
The purpose of this section is to improve the health,
safety and general welfare of areas by restricting the nighttime emission
of light rays which are the source of light trespass and/or unnecessary
glare, and/or are detrimental to the safety and/or security of persons,
property or vehicular traffic, and/or are detrimental to the traditional
aesthetic values of the Village, and/or unnecessarily restrict persons
from the peaceful enjoyment of their property.
(2)
The provisions of this section shall apply to all
outdoor luminaires used, installed, replaced, altered, moved or repaired
after the effective date of this chapter, except as this applicability
is specifically expanded or reduced herein.
(3)
The goal of this section is to have all outdoor lighting
be located, sized and directed so that the light emitted from the
luminaires does not constitute light trespass, as defined herein.
B.
Effect on other codes. The provisions of this section
are intended to supplement other applicable codes and requirements.
Compliance with all applicable provisions of building, zoning, electrical
and other codes must be observed. In the event of a conflict between
the requirements of this section and other requirements, the more
stringent requirement shall apply.
C.
FOOTCANDLE
LIGHT TRESPASS
LIGHT SHIELD
LUMINAIRE
SINGLE-FAMILY RESIDENTIALLY ZONED NEIGHBORHOOD
Definitions. As used in this section, the following
terms shall have the meanings indicated.
A unit of illuminance on a surface that is everywhere one
foot from a uniform point source of light of one candle and equal
to one lumen per square foot.
Light emitted by a luminaire that shines beyond the boundaries
of the property on which the luminaire is located.
Any attachment which interrupts and blocks the path of light
emitted from a luminaire or fixture.
The complete lighting system, including lamp and the fixture.
Any area in the Village of Elm Grove zoned Rs-1; Rs-2; Rs-3;
or Rs-4.
D.
Requirements.
(1)
All outdoor luminaires shall be located, sized, shielded
and/or directed in such a manner that they do not constitute light
trespass as described below. [Refer to Section § 335-88D(6)(i)
for further guidance on outdoor lighting.]
(a)
Light trespass within or adjacent to the boundaries
of single-family residentially zoned district may not exceed an intensity
greater than one-half footcandle at a point four feet above the ground
at the property boundary line.
(b)
No light trespass in any other zoning district
within the Village of Elm Grove may exceed one footcandle at a point
four feet above the ground at the property line.
(2)
No outdoor luminaire may be operated in such manner
as to constitute a hazard or danger to persons or to safe vehicular
operation.
(3)
In the case of state and national flags, statues,
entranceway markers, or other top-of-pole mounted objects which cannot
be illuminated with downward directed lighting, upward directed lighting
may be used only in the form of one or two narrow-cone spotlights
which confine the illumination to the object of interest, and provided
that the lighting is restricted to an angle of not less than 75°
up from horizontal.
E.
Exemptions. The following are exempt from the requirements
of this chapter, to the extent described as follows:
(1)
Motion detector security lights, which are normally
off and which are activated on for less than four minutes occasionally
when motion is detected, are exempt from the requirements of this
chapter.
(2)
Outdoor luminaires used to provide illumination within
public street rights-of-way are exempt from the requirements of this
chapter.
F.
Temporary exemptions. Requests for temporary exemptions
from the provisions of this chapter may be submitted to the Village
Board in written form describing the reason for the request and the
nature of the request. If approved and granted in writing by the Village
Board, such exemption shall be in force for not more than 30 days.
Requests for a maximum of a thirty-day renewal may be made in a similar
manner. The Village Board may terminate any temporary exemption for
any reasonable cause, including but not limited to, concerns about
safety or light trespass.
[Added 4-27-2015]
A.
A Portable Storage Container is any container, storage unit, shed-like
container or other portable structure, other than an Accessory Building,
yard maintenance building or shed, that complies with all the requirements
of this code, that can be or is used for the storage of personal property
of any kind and which is located for such purposes outside an enclosed
building.
B.
Use. The use of Portable Storage Containers is allowed in all zoning
districts, provided that the conditions listed hereunder are met.
(1)
No more than one Portable Storage Container shall be on a property at any given time. Exemptions to exceed the number of allowable containers may be given as prescribed under Subsection D below.
(2)
A Portable Storage Container shall not be larger than 10 feet
wide, 20 feet long and 10 feet high.
(3)
A Portable Storage Container shall not remain on a property
in excess of 60 consecutive calendar days and shall not be placed
at any one property in excess of 60 days in a twelve-month period.
Extensions or exemptions to these requirements may be allowed as defined
hereunder.
(4)
A Portable Storage Container shall not be placed closer than
five feet to all property lines and five feet to the nearest wall
of a building. The Portable Storage Container shall not, at any time,
be placed in the Village right-of-way.
(5)
Preferably, the Portable Storage Container should be placed
on a hard surface such as asphalt or concrete. If such a container
is not able to be placed on a hard surface, then the placement on
a nonhard surface may be approved by the Village.
(6)
The Portable Storage Container shall only be delivered between
the hours of 7:30 a.m. and 6:00 p.m., Monday through Saturday. No
Portable Storage Containers shall be delivered on Sundays or federal
holidays on which the Village Hall is closed.
(7)
Portable Storage Containers are permitted for a total period of up to 180 days on a property for which a building permit has been issued and shall be exempt from the provisions of Subsection B(1) through (5) above. Nevertheless, such Portable Storage Containers must be removed from that property within seven calendar days of a final inspection pursuant to the building permit.
(8)
An extension to the time limit for placement of a Portable Storage
Container may be granted, provided that such extension shall not be
more than 30 days and that no more than two extensions shall be granted
in any given year.
C.
Permit required. A person engaged in the leasing, maintaining or
transporting of a Portable Storage Container and the owner of the
property, where one is placed, shall both be responsible to complete
an application for the placement of the Portable Storage Container.
A permit application shall be submitted to the Village, together with
a fee established by the Village Board of Trustees.
(1)
In addition to satisfying the permit requirements in this Subsection C, Portable Storage Containers used on properties zoned as business, institutional or manufacturing must also receive approval for the use of Portable Storage Containers from the Plan Commission.
(2)
A permit issued for the use of a Portable Storage Container
shall be valid only for the location for which the permit was issued.
(3)
A permit shall be issued for not longer than 60 consecutive calendar days, unless an extension under Subsection B(8) or an exemption under Subsection D has been granted. The allowable storage time limit for which a permit is issued may be extended, as described in this section, provided that a permit application and fee for the extension is submitted to the Village.
D.
Temporary Exemptions. A limited Exemption from the provisions of
this section may be granted by the Village Manager, or his or her
designee, upon a request submitted in writing substantiating a non-self-created
hardship. If approved, such Exemption may be granted for a specified
period of time. Requests for an additional limited Exemption shall
be made in the same manner as the original request. The Village Manager
may terminate any limited Exemption for any reasonable cause.
