Articles 24 through 30 of this chapter permit specific uses in specific districts. It is the intent of the Village of Salem Lakes Board that the following performance standards designed to limit, restrict and prohibit the effects of those uses outside of their premises or district be imposed upon all parcels falling within the jurisdiction of this chapter so as to protect the quality of the environment and the safety and health of the citizens of the Village of Salem Lakes and to alleviate and, where possible, eliminate nuisances. It is the further intent of the Village of Salem Lakes Board that all structures, lands, air and waters shall hereafter, in addition to their use, site, shoreland and sanitary regulations, comply with the following performance standards, and all applicable standards set forth by the Wisconsin Department of Safety and Professional Services, Wisconsin Department of Natural Resources, and the Wisconsin Administrative Code.
A. 
Prior to construction and operation. Any application for a permit under this chapter or any use subject to the regulations and standards set forth herein shall be accompanied by a sworn statement by the owner of the subject property that said property and use will be operated in accordance with the performance standards hereinafter set forth.
B. 
Continued compliance. Continued compliance with the regulations and standards heretofore set forth in this section is required, and enforcement of such continued compliance with these regulations and standards shall be a duty of the Planning and Development Administrator.
C. 
Determination of violation. The Planning and Development Administrator shall investigate any reported violation of the hereinafter noted regulations and standards and, if there are reasonable grounds for the same, shall proceed in accordance with Subsection D below and § 490-35.1 of this chapter.
D. 
Termination of violation. All violations, as ascertained in accordance with Subsection C above, shall be terminated within 30 days after notice of such violation, and in the event that said violation is not terminated, it shall be deemed a separate violation for each date of its existence and subject to fines as set forth in this chapter, except that certain uses established before the effective date of this chapter and nonconforming as to the regulations and standards hereinafter set forth shall be given not more than 180 days in which to conform therewith after the determination of the existence of such violation, and in the event said violation is not terminated, it shall be deemed a separate violation for each day it existed since the effective date of this chapter.
A. 
No land or building in any district shall be operated in such a manner so as to create any dangerous, injurious, noxious or otherwise objectionable fire, explosive or other hazard; noise or vibration; smoke, dust, dirt or other form of air pollution; water pollution; electrical, radioactive or other disturbances; glare; or other substance, condition or element (referred to herein as "dangerous or objectionable elements") in such amount as to adversely affect the surrounding area or premises, provided that any use permitted by this chapter may be undertaken and maintained if it conforms to the regulations of this section limiting dangerous and objectionable elements at the specified point or points of the determination of their existence.
B. 
The determination of the existence of any dangerous and objectionable elements shall be made at:
(1) 
The point or points where such elements shall be most apparent for fire and explosion hazards, for radioactivity and electrical disturbances, and for smoke and other forms of air pollution.
(2) 
The property lines of the use creating such elements for noise, vibration, glare and odors.
No activity shall emit any fly ash, dust, fumes, vapors, smoke, mists or gases in such quantities as to cause soiling or danger to the health of person, animals, vegetation or other forms of property. No activity shall emit any liquid or solid particles in concentrations exceeding 0.3 grain per cubic foot of the conveying gas nor any color visible smoke equal to or darker than number two on the Ringelmann Chart described in Chapters NR 431 and NR 439, Wis. Adm. Code, and amendments thereto.
No activity shall emit electrical, radioactive or other disturbances outside its premises that are dangerous or adversely affect the use of neighboring premises. All applicable federal and state regulations shall be complied with.
All activities involving the manufacturing, utilization, processing or storage of flammable and explosive materials shall be conducted in accordance with NFPA 495, Explosive Materials Code, 2013, as modified by § SPS 307.21, Wis. Adm. Code.
No activity shall emit glare or heat that is visible or measurable at the boundaries of the lot on which the principal use is located. 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.
A. 
At the points of measurement specified in § 490-10.3B(2), the maximum sound-pressure level radiated in each standard octave band by any use or facility (other than transportation facilities or temporary construction work) shall not exceed the values for octave bands lying within the several frequency limits given in Table I after applying the corrections shown in Table II. The sound-pressure level shall be measured with a sound-level meter and associated octave band analyzer conforming to standards prescribed by the American Standards Association, Inc., New York, N.Y.; American Standard Sound Level Meters for Measurement of Noise and Other Sounds, 224.3-1944, and American Standard Specification for an Octave-Band Filter Set for the Analysis of Noise and Other Sounds, 224.10-1953, or latest approved revisions thereof, shall be used.)
Table I
Frequency Containing Standard Octave Bands in Cycles Per Second
Octave Band Sound Pressure Level in Decibels re 0.0002 dyne/cm
20 to 75
65
75 to 150
55
150 to 300
50
300 to 600
45
600 to 1,200
40
1,200 to 2,400
40
Above 2,400
35
B. 
If the noise is not smooth and continuous and is not radiated between the hours of 10:00 p.m. and 7:00 a.m., one or more of the corrections in Table II shall be applied to the octave band levels given in Table I.
Table II
Type of Location of Operation or Character of Noise
Correction in Decibels
Daytime operation only
5
Noise source operates less than:
*
20% of any 1-hour period
5
5% of any 1-hour period
10
Noise of impulsive character (hammering, etc.)
-5
Noise of periodic character (hum, screech, etc.)
-5
Property is located in any M District and is not within 200 feet of any R District
10
*
Apply one of these corrections only.
Except in the A-1, A-2 and A-4 Districts, 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 Ch. NR 429, Wis. Adm. Code, and amendments thereto.
In addition to any other applicable use, site or sanitary regulation, the following organic and sandy soils listed below and any other soils having an erosion factor of three shall not be used for crop production or grazing unless such lands make use of contour cropping practices or strip cropping practices or crop terraces:
133 - BmB, BmC2
416 - Ry
316 - BmB, BmC2
417 - CrD2, CrE
359 - MxD2
419 - SfB
414 - BmB, BmC2
451 - Ht
In addition to any other applicable use, site or sanitary regulation, the following restrictions or regulations shall apply to the following soils as shown on the Operational Soil Survey Maps prepared by the USDA Natural Resources Conservation Service for the Southeastern Wisconsin Regional Planning Commission and which are on file with the Planning and Development Administrator.
A. 
Because of their erodibility and very low agricultural capabilities, tillage is permitted on the following rough, broken, sandy, stony or escarpment soils only when conducted in accordance with sound soil conservation practices and after review by the Natural Resources Conservation Service:
75 - CcB, CrC, CrD2, CrE
417 - CrD2, CrE
282 - CeB, CrC, CrD2, CrE
419 - SfB
416 - Ry
B. 
Farm drainage systems may be installed on the following soils, which soils are subject to a flooding hazard and which have generally unsuitable soil characteristics for an operative drainage system, only if installed in accordance with sound soil conservation practices and after review by the Natural Resources Conservation Service:
4 - Mf
11 - Am
5W - Sg
11W - Ww
7 - Dh
54 - Lp
10 - Am
419 - SfB
10W - Ww
452 - Ac
C. 
Because of very severe limitations for pasturing, grazing is permitted on the following soils when conducted in accordance with sound soil conservation practices and after review by the Natural Resources Conservation Service:
4 - Mf
419 - SfB
416 - Ry
462 - Ht
In addition to any other applicable use, site, shoreland or sanitary regulation, the following restrictions and regulations shall apply to all lands having slopes of 12% or greater (see Illustration No. 1)[1] as shown on the Operational Soil Survey Maps prepared by the USDA Natural Resources Conservation Service in cooperation with the Southeastern Wisconsin Regional Planning Commission and which are on file with the Planning and Development Administrator:
A. 
Tillage and grazing of lands with slopes of 12% or greater shall be permitted only if such tilling and grazing make use of contour cropping practices, strip cropping practices or cropping terraces. Spreading the manure or fertilizer on frozen ground and establishment of feedlots shall be prohibited when such practice would cause direct runoff of pollutants into a drainageway or watercourse.
B. 
Tree cutting and shrubbery clearing for the purpose of changing land use from wildlife or woodlot management on lands with slopes of 12% or greater shall be conducted so as to minimize erosion and sedimentation and promote the preservation of scenic beauty.
[1]
Editor's Note: The illustrations cited in this chapter are included as an attachment to this chapter.
No activity in any district except the M-1, M-2 and M-3 Districts shall emit vibrations which are discernible without instruments outside its premises. No activity in the M-1, M-2 or M-3 District shall emit vibrations which exceed the following displacement measured with a three-component measuring system:
Frequency
(cycles per second)
Displacement
(inches)
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
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 would be likely to 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 discharge any liquid, gaseous 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 Ch. NR 102, Wis. Adm. Code, and amendments thereto, for all navigable waters in the Village.
See Article 45, Floodplain Zoning Regulations.
The requirements of this section apply to all private exterior lighting within the business, manufacturing, institutional and park-recreational districts.
A. 
Orientation of fixtures. Except for security lighting, outdoor recreational facility lighting or flag lighting, in no instance shall an exterior lighting fixture be oriented so that the lighting element (or a transparent shield) is visible from any abutting right-of-way or adjacent property. The use of fully shielded fixtures constructed in such a manner that all light emitted by the fixture, either directly from the lamp or a diffusing element, or indirectly by reflection or refraction from any part of the luminaire, is projected below the horizontal as determined by photometric test or certified by the manufacturer, is required. Any structural part of the light fixture providing this shielding must be permanently affixed.
(1) 
Building lighting. Ground-mounted light fixtures for building lighting shall be carefully located, aimed and shielded so that light is directed only onto the building facade.
(2) 
Service station canopy lighting. Light fixtures mounted on the bottom surface of service station canopies shall be recessed so that the lens cover is flush with the bottom surface (ceiling) of the canopy.
(3) 
Wall lighting. Wall-mounted light fixtures shall be aimed and shielded so that illumination is directed below a horizontal plane through the top of the lighting fixture.
B. 
Intensity of illumination. In no instance shall the amount of illumination attributable to exterior lighting as measured at the property line exceed 0.5 footcandle above ambient lighting conditions on a cloudless night. This will be verified by a photometric plan of the property.
C. 
Minimum parking lot lighting. All areas designated on required site plans for vehicular parking, loading or circulation and used for any such purpose shall provide artificial illumination in those areas at a minimum average intensity of two footcandles.
D. 
Height. Light fixtures shall not be more than 25 feet above ground level for parking lots serving 20 or fewer parking spaces, nor more than 30 feet above ground level for parking lots with more than 20 spaces.
E. 
Flashing, flickering and other distractive lighting. Flashing, flickering and/or other lighting which may distract motorists is prohibited.
F. 
Nonconforming lighting. All lighting fixtures existing prior to the effective date of this section and that do not comply with the provisions of this section shall be considered as legal nonconforming uses. The replacement of nonconforming fixtures after the effective date of this section shall be done so with fixtures which fully comply with the provisions of this section.
G. 
Exemptions. Lighting placed in a public right-of-way for public safety shall be exempt from the provisions of this section.
H. 
Special uses. Lighting for outdoor recreational facilities such as athletic fields, courts, tracks, golf courses and driving ranges, shooting ranges, swimming pools, ski hills or amusement parks and fairgrounds may be exempt from the provisions of this section but shall meet accepted minimum design standards for the intended use. Lighting plans for outdoor recreational facilities shall be subject to review and approval by the Planning and Development Department.