This chapter permits specific use 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 or activity shall emit any fly ash, dust, fumes, vapors,
mists, or gases in such quantities so as to substantially contribute
to exceeding state or federal air pollution standards.
All activities involving the manufacturing, utilization, processing
or storage of flammable and explosive materials shall be provided
with adequate safety devices against the hazard of fire and explosion
and with adequate firefighting 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 50,000 gallons.
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.
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 Ch. NR 102, Wis. Adm. Code.
A.
No activity in an M-1 or M-2 Manufacturing District shall produce
a sound level outside the district boundary that exceeds the following
sound level measured by a sound level meter and associated octave
band filter:
|
Octave Band Frequency
(cycles per second)
|
Sound Level
(decibels)
|
|---|---|
|
0 to 75
|
79
|
|
75 to 150
|
74
|
|
150 to 300
|
66
|
|
300 to 600
|
59
|
|
600 to 1,200
|
53
|
|
1,200 to 2,400
|
47
|
|
2,400 to 4,800
|
41
|
|
Above 4,800
|
39
|
B.
No other activity in any other 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
|
C.
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.
[Amended 10-17-2022 by Ord. No. 10-02-2022]
No owner of land adjacent to an existing freeway or adjacent
to a planned transportation corridor shall commence or cause to be
commenced construction of any structure that will be subject to traffic
noise levels that exceed the following sound level measured by a sound
level meter:
A.
Construction restrictions for habitable and institutional structures:
(1)
No new single- or two-family residential structure shall be approved
for construction (excluding substantial repair or alteration) if any
exterior hourly traffic sound level (Leq[h])
anywhere within the proposed outdoor living area is projected to be
equal to or in excess of 67 db(A) upon completion of the structure
or anytime thereafter.
(2)
No new multifamily residence, dormitory, mobile home park, transient
lodging, school, hospital, nursing home or similar structure, or substantial
modification of such existing structure, shall be approved if any
exterior hourly traffic level (Leq[h]) anywhere
within the proposed outdoor living area on the site is projected to
be equal to or in excess of 67 db(A) upon completion of the structure
or anytime thereafter.
(3)
Construction otherwise prohibited shall be permitted if there are
no outdoor use areas on the site of the proposed structure projected
to be exposed to an hourly traffic sound level (Leq[h]) equal to or in excess of 67 db(A), provided that there is incorporated
into the design and construction of the structure such sound attenuation
measures as are necessary to reduce the maximum interior hourly traffic
induced sound level (Leq[h]) in a habitable
room to 52 db(A) upon completion of the structure or anytime thereafter.
B.
Construction restrictions for commercial and industrial structures:
(1)
No new commercial or industrial structure, or substantial modification
of such existing structure, shall be approved if any exterior hourly
traffic sound level (Leq[h]) anywhere on the
site is projected to be equal to or in excess of 72 db(a) upon completion
of the structure or anytime thereafter.
(2)
Construction otherwise prohibited shall be permitted if there are
no outdoor use areas on the site of the proposed structure (except
parking lots and storage areas) projected to be exposed to an hourly
traffic sound level (Leq[h]) equal to or in
excess of 72 db(A), provided that there is incorporated into the design
and construction of the structure such sound attenuation measures
as necessary to reduce the maximum interior hourly traffic induced
sound level (Leq[h]) in an interior work or
public area to 59 db(A) upon completion of the structure or anytime
thereafter.
C.
Noise attenuation plans:
(1)
If the Village of Slinger Planning Commission has reason to believe
that a report is necessary to determine whether a project will be
exposed to excessive traffic induced sound levels, such report shall
be made by the permit applicant prior to the approval of any subdivision,
zoning, or building permit approval. The report shall be prepared
by a registered professional engineer or other qualified noise control
consultant, and shall contain the following information and any other
information the Planning Commission may reasonably require:
(a)
The existing maximum hourly traffic sound level (Leq[h]) for a representative sample of locations, measured
in accordance with guidelines set forth in "Sound Procedure for Measuring
Highway Noise: Final Report," dated August 1981, published by the
U.S. Department of Transportation, Federal Highway Administration
(FHWA), Arlington, VA, or modeled according to a methodology consistent
with the methodology set forth in the FHWA Highway Traffic Noise Prediction
Model (Report No. FHWA-RD-77-108);
(b)
The projected future (Leq[h]) at the
site resulting from future traffic increases; and
(c)
Where applicable, plans for sound attenuation measures on the
site and/or within the structure proposed to be constructed or altered,
and the amount of sound attenuation anticipated as a result of these
measures. Sound attenuation may be achieved by separation from noise
sources, berms, barriers, landscaping, building construction materials,
insulation, and other building measures, or any combination thereof.
(2)
In determining whether an applicant should be required to submit a noise attenuation plan pursuant to § 550-85C of this chapter, the Planning Commission shall consider the Wisconsin Department of Transportation's Administrative Code Ch. Trans 405, Wis. Adm. Code, and the Federal Highway Administration's Procedures for Abatement of Highway Traffic Noise and Construction Noise, Title 23 CFR Chapter 1, Subchapter J, Part 772.
D.
The Planning Commission may waive or modify for good reason any of the restrictions and/or requirements setforth in Subsections A, B, and C above to the extent deemed appropriate in light of the unique circumstances surrounding a particular property such as, but not necessarily limited to land use/occupancy type, topography, and similar. If waiver or modification is granted, the reason(s) for such approval shall be setforth in the minutes of the meeting concerned.
E.
Appeals. Any person aggrieved by a decision of the Village of Slinger
Planning Commission to prohibit a use or structure by reason of its
excessive hourly traffic sound level (Leq[h]) or by a decision of the Planning Commission to require a Noise Attenuation Plan may appeal such decision to the Board of Zoning Appeals in accordance with Article XII of this chapter. Such appeal shall be made within 30 days following the Planning Commission decision.
No activity shall emit any odorous matter of such nature or
quantity as to be offensive, obnoxious, or unhealthful outside their
premises. The guide for determining odor measurement and control shall
be Ch. NR 429, Wis. Adm. Code, and amendments thereto.
No activity shall emit radioactivity or electrical disturbances
outside its premises that are dangerous or would adversely affect
the use of neighboring premises.
No activity in any district shall emit vibrations which are
discernible without instruments outside its premises. No activity
shall emit vibrations which exceed the following displacement measured
with a three-component measuring system:
|
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
|
No exterior lighting used for parking lots, recreational facilities,
product display, or security shall be permitted to spill over on operators
of motor vehicles, pedestrians, and uses of land in the vicinity of
light source. These requirements shall not apply to lighting placed
in a public right-of-way for public safety.
A.
Orientation. No exterior lighting fixture shall be oriented so that
the lighting element (or a transparent shield) is visible from a property
in a residential district. Light rays shall not be directed into street
rights-of-way or upward into the atmosphere. The use of shielded luminaries,
or luminaries with cutoff optics, and careful fixture placement is
encouraged so as to facilitate compliance with this requirement.
B.
Minimum lighting standards. All areas designated on approved site
plans for vehicular parking, loading, or circulation and used for
any such purpose after sunset shall provide artificial illumination
in such areas at a minimum intensity of 0.4 footcandle, exclusive
of approved antivandal lighting.
C.
Intensity of illumination. The intensity of illumination measured
at the property line shall not exceed 0.5 footcandle.
D.
Location. Light fixtures shall not be permitted within required setbacks.
E.
Flashing, flickering, and other distracting lighting. Flashing, flickering
and other distracting lighting which may distract motorists are prohibited.
F.
Accent lighting. Accent lighting and low-voltage lighting (12 volts
or less) is exempt from these requirements.
G.
Nonconforming lighting. All lighting fixtures approved prior to the
adoption of this chapter shall be treated as and regulated as legal
nonconforming uses.
[Amended 6-18-2018 by Ord. No. 05-04-2018]
A.
The Village of Slinger requires all new developments, including substantial exterior modifications of existing developments, to submit and have approved a landscape plan as specified in Article X, § 550-93. Development review information. Approved landscape plans shall be completed within 12 months of an occupancy permit being granted, unless otherwise set forth in an agreement between the developer and the Village.
C.
Basic requirements.[1]
[1]
Editor's Note: The Basic Landscaping Requirements Table is included as an attachment to this chapter.
D.
Requirement
specifications.
(1)
Green
space: Areas without structures, parking surfaces, patios, decks,
pools, driveways, accessory structures and shall include lands in
the Conservancy, Floodplain and Shoreland Zoning classifications.
However, Conservancy, Floodplain and Shoreland classified areas shall
only comprise 30% of total green space required by this section.
(2)
Street
trees: Required plantings dependent upon zoning classification utilizing
the recommended species or cultivars listed in Appendix A “Recommended
Street Trees”[2] at a minimum 2 1/2 inch caliper size, balled and burlapped.
The overuse of any tree type should be avoided.
(a)
The Planning Commission reserves the right to substitute with species
not in Appendix A if deemed necessary.
(b)
Developer may substitute with an equivalent species upon receiving
written notification from a professional landscaper or landscape architect.
The notification should state the reason for the substitution and
a description of the new species in comparison to the original approval.
[1]
Written notification of a substitution will be reviewed by Village
staff and filed with the original approval made by the Planning Commission.
[2]
Village Staff may return the developer to the Planning Commission
for final approval of this amendment if necessary.
[3]
Front yard plantings: Based upon the requirements contained in Subsection C, trees shall be planted of a minimum 2 1/2 inch caliper size, balled and burlapped.
[4]
Front building corners: Each building corner shall have a minimum
landscaped area of 50 square feet. The landscaped area shall include
any combination of deciduous/evergreen shrubs, flowering trees, and
annual plantings.
[5]
Front yard foundations: Shall be “broken-up” with the
planting of low- to medium-sized deciduous/evergreen shrubs whereas
no expanse of foundation visible shall exceed 10 feet.
[6]
Front yard building entry: Shall be framed with any combination of
deciduous/evergreen shrubs, flowering trees and annual plantings.
[7]
Landscaped parking islands: Shall include a combination of low to
medium shrubbery and medium trees.
[8]
Side yard foundation: Shall be "broken-up" with the planting of low-
to medium-sized deciduous/evergreen shrubs whereas no expanse of foundation
visible shall exceed 20 feet.
[9]
Dumpster area: Shall be densely screened with any combination of
privacy fencing and medium-sized deciduous/evergreen shrubs.
[10]
Buffer to more restrictive uses:
[a]
Commercial to residential: Shall be buffered utilizing a dense
screen of medium-sized deciduous/evergreen shrubs.
[b]
Manufacturing to residential: Shall be buffered utilizing a
minimum finished elevation three-foot earthen berm, with a dense screen
of medium- to tall-sized deciduous/evergreen shrubs, or medium evergreen
trees.
[c]
Manufacturing to commercial: Shall be buffered utilizing a minimum
dense screen of medium-sized deciduous/evergreen shrubbery.
[2]
Editor’s Note: Appendix A, Recommended Street Trees,
is on file in the Village office.
A.
Intent and compliance. It is the intent of this chapter to describe
performance standards for the regulation of industrial and commercial
uses in the B&LM-1 Business and Light Manufacturing District.
These performance standards are intended to restrict the impacts of
those uses to their premises and restrict and prohibit their impacts
outside the B&LM-1 Zoning District. In addition, these performance
standards are intended to comply with other applicable, local, state
and federal codes and standards. All uses, structures, land, air and
water in the B&LM-1 District shall hereafter comply with the following
performance standards.
B.
Control of hazardous air pollutants and emissions. Operations or
activities which emit into the ambient air from any direct or portable
source any matter that will affect air quality shall perform in accord
with the limitations and procedures established in Chs. NR 400 through
NR 449, Wis. Adm. Code, or other applicable laws or regulations. Hazardous
pollutants are specifically controlled in accord with Ch. NR 445.
C.
Control of particulate emissions and dust.
(1)
Operations or activities which emit into the ambient air from any
direct or portable source any particulate emissions shall perform
in accord with the limitations and procedures established in Ch. NR
415, Wis. Adm. Code, or in accord with other applicable laws or regulations
which regulate particulate emissions.
(2)
Fugitive dust and other types of emissions and air pollution from
sources such as storage areas, outdoor operation yards and roads or
parking lots shall be kept to a minimum by appropriate paving, spraying/watering,
application of suitable chemicals, landscaping, or other acceptable
and environmentally safe methods in accord with § NR 415.04,
Wis. Adm. Code, or other applicable laws or regulations.
D.
Control of odors. No operation or activities shall emit any substance
or combination of substances in such quantities that create an objectionable
odor as defined in Ch. NR 429, Wis. Adm. Code, or other applicable
laws or regulations.
E.
Control of fire and explosive hazards.
(1)
All uses involving the manufacturing, utilization, processing or
storage of flammable and explosive materials shall be provided with
adequate safety devices against the hazard of fire and explosion and
with adequate fire fighting and fire suppression equipment and devices
as may be required by the Fire Code and/or Fire Department.
(2)
All materials that range from active to intense burning shall be
manufactured, utilized, processed and stored only in completely enclosed
buildings which have noncombustible exterior walls and an automatic
fire extinguishing system.
(3)
The storage of fuels and other materials that produce flammable or
explosive vapors shall be permitted only after review and approval
by the Fire Department and in accord with their requirements to minimize
fire and explosive hazards.
F.
Glare, heat and external lighting.
(1)
No operation or activity shall produce any intense lighting, glare
or heat with the source directly visible beyond the boundary of the
B&LM-1 District. Operations producing light, glare, or heat shall
be conducted entirely within an enclosed building.
(2)
External lighting shall be shielded so that light rays do not adversely
affect adjacent uses.
G.
Water quality standards.
(1)
No activity shall locate, store, 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.
(2)
No activity shall withdraw water or discharge any liquid or solid
materials so as to exceed or contribute toward exceeding the minimum
standards and those other standards and the application of those standards
set forth in Ch. NR 102, Wis. Adm. Code, or in other applicable laws
or regulations which regulate water quality.
(3)
Operations in the B&LM-1 District which may discharge wastewater
other than toilet wastewater to the municipal wastewater treatment
plant shall install a sampling manhole to allow monitoring of wastewater
discharges.
H.
Noise. No operation or activity shall transmit any noise beyond the boundaries of the B&LM-1 District so that it becomes a nuisance. Also see § 550-85 for traffic noise limitations that may apply to uses in B&LM-1 that may be subject to traffic noise.
I.
Vibration.
(1)
No operation or activity shall transmit any physical vibration that
is above the vibration perception threshold of an individual at or
beyond the property line of the source. Vibration perception threshold
means the minimum ground- or structure-borne vibrational motion necessary
to cause a person to be aware of the vibration by such direct means
as, but not limited to, sensation by touch or visual observation of
moving objects.
(2)
Vibrations not directly under the control of the property user and
vibrations from temporary construction or maintenance activities shall
be exempt from the above standard.
J.
Invasive plants. New development and/or redevelopment will be required
to permanently eliminate invasive plants which are classified under
invasive species as defined in Wis. Stats. 23.22.
[Added 6-18-2018 by Ord.
No. 05-04-2018]
