City of Edgerton, WI Performance Standards

No more than one access point shall be permitted for a lot containing one single-family residential unit.

No more than two access points shall be permitted for a residential lot containing more than one single-family residential unit.

Nonresidential lots may have one access point for the first 100 feet of street frontage (measured along the right-of-way line). If a nonresidential lot has more than 100 feet of street frontage along any one street, the lot may have two access points.

On arterial streets and in certain areas experiencing, or expected to experience, congestion and/or safety problems, access to a lot may be required to be located via an access point located on an adjacent property or another street frontage.

Access shall require approval of the Zoning Administrator or the Director of Public Works. Additional access points may be permitted as a conditional use where deemed necessary and feasible without undue impairment of safety, convenience and utility of the street.

Residential uses. Residential uses shall not have access points onto a nonresidential collector or arterial street unless such street has the only available frontage or if it would be unsafe to access the residential street.

Nonresidential uses. Nonresidential uses shall not have access points onto a residential street unless such street has the only available frontage or if it would be unsafe to access a nonresidential street.

Access near street intersections. At its intersection with the street right-of-way line on an arterial or nonresidential collector street, no access point shall be located closer than 100 feet from the intersection of any two street rights-of-way unless such street is the only available frontage on the subject property. In all cases, access points shall be located as far from an intersection as the lot size permits. In no case shall an access point be permitted directly on a street intersection and shall not occupy areas necessary for traffic control or highway signs or signals.

Distance between access drives. The minimum distance between access drives serving the same property shall be 25 feet (edge to edge), as measured at the property line. A distance in excess of said 25 feet may be required if, in the opinion of the Zoning Administrator or the Director of Public Works, present or projected traffic factors warrant a greater distance.

Angle of intersection with public right-of-way. All access drives shall intersect with any public right-of-way at an angle of not less than 75°, and shall intersect at an angle of 90° wherever possible.

Distance from property line. The distance from an access drive to the property line of an adjacent property shall not be less than five feet, as measured along the right-of-way line, except for common driveways (serving two or more lots typically located over or adjacent to a property line) and zero lot line situations.

Width of driveways.

All access drives for single-unit residential properties shall comply with the following dimensions as measured at the property line. For lots having less than 70 feet of street frontage, driveways shall be a minimum of 10 feet in width. For lots having 70 feet or more of street frontage, driveways shall be a minimum of 16 feet in width. The maximum width shall be the smaller of either 24 feet or 50% of the street frontage of the lot as measured at the property line.

Shared driveways and driveways for residential properties having more than one unit shall have a maximum width of 30 feet total.

All access drives for nonresidential properties shall have a minimum width of 18 feet and a maximum width of 35 feet as measured at the property line. Access drives for nonresidential properties that fail to comply with the width restrictions can be reviewed as a conditional permit per § 450-16.

Access drives may be flared between the right-of-way line and the roadway up to a maximum of three additional feet.

Any hard-surfaced driveway existing as of September 20, 2016, that does not comply with the width standard listed above may be resurfaced and may be continued at the size and in a manner of operation existing upon such date, except as hereafter specified; however, if the existing driveway exceeds the width standard, it shall not be extended or enlarged. An existing driveway that exceeds the maximum width standard listed above that is not paved with a hard surface may be paved but the paved surface must comply with the standards listed above. An existing driveway that is narrower than width standard listed above that is not paved with a hard surface may be paved at its current width.

Traffic control. The traffic generated by any use shall be channelized and controlled in a manner which avoids congestion on public streets and other safety hazards. Traffic into and out of all off-street parking, loading and traffic circulation areas serving six or more parking spaces shall be forward moving, with no backing into streets or pedestrianways. Required traffic control devices shall be determined by the Public Works Director.

Depiction on required site plan. Any and all proposed access drives on the subject property shall be depicted as to their location and configuration on the site plan required for the development of the subject property. (Refer to § 450-23.)

Paving of access. All access approach areas located within a street right-of-way shall be paved to the satisfaction of the Director of Public Works with a hard, all-weather surface, and shall be maintained so as to prevent the transport of gravel, dirt, or other eroded material from the subject property into the right-of-way. All access approach areas shall be paved within one year of the issuance of an occupancy permit.

[Amended by Ord. No. 16-11; Ord. No. 17-04]

§ 450-36 Visibility standards.

Requirement. In order to provide a clear view of intersecting streets to motorists there shall be a triangular area of clear vision formed by the two intersecting streets and a chord connecting adjacent right-of-way lines, as determined by the Director of Public Works. The following are prohibited within said triangular area: signs other than traffic control signs and signs having a post(s) 12 inches in diameter or more and also having the bottom edge of the sign less than eight feet high; parking spaces; structures or earthwork in excess of 30 inches; and no vegetation, fencing, nor other such obstructions between 30 inches and eight feet in height which exceeds an opacity of 0.2 [see § 450-76D(2)].Height shall be measured above either of the center line elevations of said two streets. Generally, the standards within Table 450-36 and illustrated in the accompanying Diagram 450-36 shall apply.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

Table 450-36: Vision Clearance Triangle Standards
Right-of-Way Width (feet)	Distance away from R-O-W Intersection, as measured along R-O-W line (feet)
Less than 50	50
50	50
51 to 60	40
61 to 66	34
67 to 82.5	15
Greater than 82.5	15

Depiction on required site plan. Any and all visibility triangles located on the subject property shall be depicted as to their location and configuration on the site plan required for the development of the subject property. (Refer to § 450-23.)

Diagram 450-36

§ 450-37 Off-street parking and traffic circulation standards.

Purpose. The purpose of this section is to alleviate or prevent congestion of public rights-of-way so as to promote the safety and general welfare of the public by establishing minimum requirements for the provision of off-street parking and circulation in accordance with the utilization of various sites.

Depiction on required site plan. Any and all parking and traffic circulation areas proposed to be located on the subject property shall be depicted as to their location and configuration on the site plan required for the development of the subject property. (Refer to § 450-23.) Each and every parking space designed to serve as required parking shall not be located farther than 500 feet of shortest walking distance from the access to all of the various areas it is designated to serve. A garage stall, meeting the access requirements of Subsection F(4) below, shall be considered a parking space. Parking spaces for any and all vehicles exceeding 18 feet in length shall be clearly indicated on said site plan.

Use of off-street parking areas. The use of all required off-street parking areas shall be limited to the parking of operable vehicles not for lease, rent, or sale. Required parking spaces shall only be used by operable cars, trucks and motorcycles.

Traffic circulation and traffic control. Site circulation shall be designed to provide for the safe and efficient movement of all traffic entering, exiting, and on the site. Circulation shall be provided to meet the individual needs of the site with specific mixing of access and through movements, and where required, shall be depicted on the required site plan. Circulation patterns shall conform with the general rules of the road, and all traffic control measures shall meet the requirements of the Manual of Uniform Traffic Control Devices.

Maintenance of off-street parking and traffic circulation areas. All off-street parking and traffic circulation areas shall be maintained to facilitate safe traffic flow. In no instance or manner shall any off-street parking or traffic circulation area be used as a storage area, except as provided for by § 450-39C.

Off-street parking and traffic circulation design standards.

Surfacing and marking. All off-street parking and traffic circulation areas (including all residential driveways, except those within the A-1 District) shall be paved with a hard, all-weather surface, to the satisfaction of the Director of Public Works. Said surfaces intended for six or more parking stalls shall be marked in a manner which clearly indicates required parking spaces. All residential driveways shall be paved within one year of the issuance of an occupancy permit.

Curbing. All off-street parking areas designed to have head-in parking within 6 1/2 feet of any lot line shall provide a tire bumper or curb of adequate height and which is properly located to ensure that no part of any vehicle will project beyond the required setbacks of this chapter. Curbing or continuous bumpers within off-street parking areas shall also be required to fully separate all required landscaped islands and/or landscaped peninsulas.

Lighting. All off-street parking and traffic circulation areas serving six or more cars shall be lit so as to ensure the safe and efficient use of said areas during the hours of use. An illumination level of between 0.4 footcandle and 1.0 footcandle is recommended for said areas. Said illumination level shall not exceed the standards of § 450-40.

Access. With the exception of single-family and two-family residential dwelling units, each required off-street parking space shall open directly upon an aisle or driveway that is wide enough and designed to provide a safe and efficient means of vehicular access to the parking space without directly backing or maneuvering a vehicle into a public right-of-way. All off-street parking lots having four or more spaces shall be designed to provide adequate area for internal movement to prevent the direct backing or maneuvering of a vehicle into a public right-of-way. No driveway across public property, or requiring a curb cut, shall exceed a width of 35 feet for commercial and industrial land uses, or 24 feet for residential land uses. [See also Table 450-37G(6).] Off-street parking spaces for residential uses may be stacked or in front of one-another for the same building unit. Parking spaces located within and/or behind an enclosed garage, and located directly off a through aisle, shall be located on a through aisle a minimum of 30 feet deep.

Fire lanes. A fire lane shall be required to provide access to any portion of any structure equal to or less than 40 feet tall which is more than 150 feet from the nearest street right-of-way, and to any portion of any structure greater than 40 feet tall which is more than 50 feet from the nearest street right-of-way. The Zoning Administrator may also require the provision of a fire lane or lanes to any part of any structure upon a determination that the distance of the structure from the nearest hydrant, the configuration of development on the site, or other special characteristics of the site otherwise inhibit effective fire extinguishment. All fire lanes shall: provide clear, unobstructed access for vehicles and apparatus at all times through a combination of pavement marking and signage; shall be a minimum of 18 feet wide; and shall be surfaced as an all-weather roadway.

Signage. All signage located within, or related to, required off-street parking or traffic circulation shall comply with the requirements of Article VI.

Handicapped parking spaces. Parking for the handicapped shall be provided at a size, number, location, and with signage as specified by state and federal regulations.

(8)

Parking space design standards. Other than parking required to serve the handicapped, every and all provided off-street parking space shall comply with the minimum requirements of Table 450-37G(6). The minimum required length of parking spaces shall be 17.0 feet, plus an additional 1.5-foot vehicle overhang area at the end of the stall. All parking spaces shall have a minimum vertical clearance of at least seven feet.

(9)

Snow storage. Required off-street parking and traffic circulation areas shall not be used for snow storage. In instances where more parking is available than required by this chapter, snow storage is permitted.

(10)

Parking lot design standards. Horizontal widths for parking rows, aisles, and modules shall be provided at widths no less than listed in Table 450-37G(6) and shown in Diagram 450-37G(6).

(11)

Electric vehicle charging stations.

[Added 5-2-2022 by Ord. No. 22-04]

Multiple-family residential land uses. All new surface parking areas serving multifamily developments with at least 10 residential units shall provide electrical vehicle charging stations for a minimum of 10% of required parking spaces.

Parking lots. Any surface or structured parking built after the adoption of this chapter, containing 20 or more parking spaces, must have a minimum of one electric vehicle charging station installed for every 20 parking spaces, or fraction thereof. Off-street parking spaces with electric vehicle charging stations shall count towards the minimum requirement of parking spaces.

Calculation of minimum required parking spaces.

General guidelines for calculating required parking spaces. The requirements of Subsection G(3) below shall be used to determine the minimum required number of off-site parking spaces which must be provided on the subject property. Requirements are generally tied to the capacity of the use; the gross floor area of the use; or the number of employees which work at the subject property during the largest work shift. The term "capacity" as used herein means the maximum number of persons that may be accommodated by the use as determined by its design or by State Building Code regulations, whichever number is greater. References herein to "employee(s) on the largest work shift" means the maximum number of employees working at the facility during a single given day, regardless of the time period during which this occurs, and regardless of whether any such person is a full-time employee. The largest work shift may occur on any particular day of the week or during a lunch or dinner period in the case of a restaurant. In all cases, one reserved parking space shall be provided for each vehicle used by the operation during business hours. Said spaces shall be in addition to those required by Subsection G(3), below. Where said parking needs of any land use exceed the minimum requirements of this chapter, additional parking spaces sufficient to meet the average maximum weekly peak hour parking space demand shall be provided by said land use.

Joint parking facilities.

Parking facilities which have been approved by the Director of Public Works to provide required parking for one or more uses shall provide a total number of parking spaces which shall not be less than the sum total of the separate parking needs for each use during any peak hour parking period when said joint parking facility is utilized at the same time by said uses.

Each parking space designed to serve as joint parking shall not be located farther than 500 feet from the access to all of the various areas it is designated to serve.

The applicant(s) for approval of a joint parking facility shall demonstrate to the Director of Public Work's satisfaction that there is no substantial conflict in the demand for parking during the principal operating hours of the two of more uses for which the joint parking facility is proposed to serve.

A legally binding instrument, approved by the Zoning Administrator, shall be executed by any and all parties to be served by said joint parking facility. This instrument shall be recorded with the Register of Deeds office and filed with the Clerk. A fee shall be required to file this instrument (see § 450-28).

Minimum off-street parking requirements for land uses. The off-street parking requirements for each land use are listed within Article VIII and § 450-33 of this chapter.

Provision of fee in-lieu of parking spaces development. Within the Central Business (B-2) District, the parking requirements of this chapter are hereby waived.

Locational prohibitions for off-street parking areas.

Off-street parking shall not be located between the principal structure on a residential lot and a street right-of-way, except within residential driveways and parking lots designated on the approved site plan (see § 450-23).

No private parking shall occur on street terraces, driveways, or any other areas located within a public right-of-way not explicitly designated by the Director of Public Works.

Commercial and industrial vehicle and equipment parking. Parking spaces clearly visible from public streets shall only be used for customer or employee vehicles. No commercial and industrial vehicle shall be parked in required off street parking spaces unless such spaces are designate for business use on a City approved site plan. This restriction shall also prevent non-employee or customer trailer parking in required off street parking spaces.

Table 450-37G(6): Parking Layout Dimensions
Minimum Permitted Dimensions	Parking Angle (degrees)
Minimum Permitted Dimensions	0 (parallel)	45	60	75	90
Stall width at parking angle (SW)	9.0 feet	9.0 feet	9.0 feet	9.0 feet	9.0 feet
Stall width parallel to aisle (WP)	17.90 feet	12.7 feet	10.4 feet	9.3 feet	9.0 feet
Stall depth to wall (D)	9.0 feet¹	17.5 feet¹	19.0 feet	19.5 feet¹	18.5 feet¹
Stall depth to interlock (DI)	—	15.3 feet	17.5 feet	18.8 feet	—
Stall length (including 1.5-foot curb overhang) (SL)	18.5 feet	18.5 feet	18.5 feet	18.5 feet	18.5 feet
Aisle width (AW)	12.0 feet²	12.0 feet²	16.0 feet²	17.20 feet²	26.0 feet²
Throat length (right-of-way to parking area) (T)	Refer to Requirements in Table 450-37G(7).
Parking module width (PMW):
Wall-to-wall (single-loaded) (W1)	21.0 feet	29.5 feet	35.0 feet	42.5 feet	44.5 feet
Wall-to-wall (double-loaded) (W2)	30.0 feet	47.0 feet	54.0 feet	62.0 feet	63.0 feet
Wall-to-interlock (double-loaded) (W3)	—	44.8 feet	52.5 feet	61.3 feet	—
Interlock-to-interlock (double-loaded) (W4)	—	42.6 feet	51.0 feet	60.6 feet	—

¹	Parking spaces located behind an enclosed garage and located directly off a through aisle shall be at least 30 feet deep.
²	This dimension represents (AW) for one-way traffic. For two-way traffic, add 8.0 feet to a maximum (AW) of 26.0 feet.

Diagram 450-37G(6)

Minimum permitted throat length. Table 450-37G(7) below shall be used to determine the minimum permitted throat length of access drives serving parking lots, as measured from the right-of-way line along the center line of the access drive.

Table 450-37G(7): Minimum Permitted Throat Length
Land Use	Type	Scale of Development	Type of Access Street
Land Use	Type	Scale of Development	Collector (feet)	Arterial (feet)
Residential	Any residential	0-100 dwelling units	25	—
		101 to 200 dwelling units	50	75
		201+ dwelling units	75	125
Commercial	Office	0 to 50,000 gross square feet	25	50
		50,000 to 100,000 gross square feet	25	75
		100,001 to 200,000 gross square feet	50	100
		200,001+ gross square feet	100	150
	In-vehicle sales	0 to 2,000 gross square feet	25	75
		2,001+ gross square feet	50	100
	Indoor entertainment	0 to 15,000 gross square feet	25	50
		15,001+ gross square feet	25	75
	Commercial lodging	0 to 150 rooms	25	75
		151+ rooms	25	100
	Other commercial uses	0 to 25,000 gross square feet	25	50
		25,001 to 100,000 gross square feet	25	75
		100,001 to 500,000 gross square feet	50	100
		500,001+ gross square feet	75	200
Industrial	All industrial uses	0 to 100,000 gross square feet	25	50
		100,001 to 500,000 gross square feet	50	100
		501,001+ gross square feet	50	200
All other uses	6+ parking spaces	—	25	50

§ 450-38 Off-street loading standards.

Purpose. The purpose of this section is to prevent congestion of public rights-of-way and private lots so as to promote the safety and general welfare of the public by establishing minimum requirements for the provision of loading facilities on various sites.

Applicability. Any use which has a gross floor area of 6,000 square feet or more, and which requires deliveries or makes shipments, shall provide off-street loading facilities in accordance with the regulations of this section.

Location. All loading berths shall be located 25 feet or more from the intersection of two street right-of-way lines. Loading berths shall not be located within any required front yard or street yard setback area. Access to the loading berth shall be located in conformance with § 450-35. All loading areas shall be located on the private lot and shall not be located within, or so as to interfere with, any public right-of-way.

Size of loading area. The first required loading berth shall be designed in accordance with Table 450-38. All remaining required loading berths shall be a minimum of 25 feet in length. All required loading berths shall have a minimum vertical clearance of 14 feet. The following standards shall be the minimum used to design loading areas:

Table 450-38: Loading Standards
Design Vehicle	Length (L) (feet)	Dock Angle (ɑ)	Clearance (D) (feet)	Berth Width (W) (feet)	Apron Space (A) (feet)	Total Offset (T) (feet)
WB-40	50	90°	50	10	63	113
				12	56	106
				14	52	102
		60°	44	10	46	90
				12	40	84
				14	35	79
		45°	36	10	37	73
				12	32	68
				14	29	65
WB-50	55	90°	55	10	77	132
				12	72	127
				14	67	122
		60°	48	10	55	103
				12	51	99
				14	46	94
		45°	39	10	45	84
				12	40	79
				14	37	76

Diagram 450-38

Access to loading area. Each loading berth shall be located so as to facilitate access to a public street or alley and shall not interfere with other vehicular or pedestrian traffic per § 450-37 and shall not interfere with the function of parking areas. In no instance shall loading areas rely on backing movements into public rights-of-way.

Surfacing and marking. All required loading areas shall be paved and maintained in a dustfree condition at all times. Said surface shall be marked in a manner which clearly indicates required loading areas.

Use of required loading areas. The use of all required loading areas shall be limited to the loading and unloading of vehicles. Said area shall not be used to provide minimum required parking spaces.

Lighting. All loading areas shall be lit so as to not exceed standards of § 450-40.

Signage. All signage located within, or related to, loading areas shall comply with the requirements of Article VI.

Depiction on required site plan. Any and all required loading areas proposed to be located on the subject property shall be depicted as to their location and configuration on the site plan required for the development of the subject property. (Refer to § 450-23.)

Calculation of required loading spaces.

Indoor institutional land uses: one loading berth shall be required for each building having a gross floor area of 6,000 square feet to 29,999 square feet. For such uses located in buildings having a gross floor area of 30,000 square feet or greater, two loading berths shall be required.

Commercial, storage/disposal, transportation, and industrial land uses: one loading berth shall be required for each building having a gross floor area of 6,000 square feet to 29,999 square feet. For such uses located in buildings having a gross floor area of 30,000 square feet or greater, an additional loading berth shall be required for any portion of each 50,000 square feet of gross floor area in addition to the original 29,999 square feet.

Office land uses: one loading berth shall be required for each building having a gross floor area of 6,000 square feet to 99,999 square feet. For such uses located in buildings having a gross floor area of 100,000 square feet or greater, an additional loading berth shall be required for any portion of each 100,000 square feet of gross floor area in addition to the original 99,999 square feet.

§ 450-39 Exterior storage standards.

Purpose. The purpose of this section is to control the use of property for exterior storage so as to promote the safety and general welfare of the public.

Requirements for exterior storage in residential zoning districts. In all residential zoning districts, all materials and equipment shall be stored within a completely enclosed building except for the following. These items shall not be located within any front yard or street yard (required or excess yard, the area between the building and the required setback line) and shall be stored a minimum of five feet from any and all property lines: firewood, construction materials, landscaping materials storage and related equipment connected with on-site construction, off-street parking of vehicles in designated parking spaces, and recreational equipment as described in § 450-39F.

Requirements for exterior storage in commercial and office districts. In all commercial and office zoning districts, all materials and equipment shall be stored within a completely enclosed building except for the following which shall not be located within any front yard or required street yard (except for vehicles in designated parking spaces) and shall be stored a minimum of five feet from any and all property lines: screened refuse containers; construction materials, landscape materials and related equipment connected within on-site construction; and off-street parking. See outdoor display standards in § 450-33. See § 450-39F for recreational equipment standards.

Requirements for exterior storage in industrial and Historic Mixed-Use Districts. [See § 450-33G(2) for outdoor storage regulations in industrial and Historic Mixed-Use District.]

Inoperative motor vehicles and junk. Refer to the City Code.

Recreational equipment.

The following regulations apply to the exterior storage of recreational equipment in all zoning districts.

Recreational equipment shall include, but not be limited to, boats, snowmobiles, all terrain vehicles, travel trailers, pop-up campers, and motor homes.

Temporary utility hook-ups shall be permitted for a period not to exceed 72 hours for loading and unloading purposes; and an aggregate of 14 days in any thirty-day period for sleeping quarters if the recreational vehicle is owned by the occupant or a guest of the occupant of the residence, subject to the conditions of this section. Temporary utility hook-ups shall not cross public land such as a sidewalk or terrace.

At no time shall a recreational vehicle be used for permanent living, sleeping, materials storage or other purpose. No recreational vehicle shall be permanently connected to water, gas, electric, or sanitary sewer service. Effluent from recreational vehicles shall be disposed of at the sewage treatment plant only.

Outside storage of recreational equipment that is not owned by the resident, or property owner if there is no resident, is prohibited.

(e)

Recreational equipment that is outside of an enclosed building must be in operable condition with respect to its intended use.

Exterior storage of recreational equipment in residential, agricultural and conservation districts for parcels with an existing principal structure.

Recreational equipment that is owned by the resident of the property shall be permitted if said equipment is stored or parked a minimum of five feet from any and all property lines unless the equipment is screened with a bufferyard with a minimum of 0.30 opacity. Recreational equipment shall not be located within any front yard or any required street yard (except for designated parking spaces) for more than 48 hours.

Said equipment storage shall not be located in a minimum required parking space during said equipment's off-season. Motor homes which are used on a year-round basis shall be permitted in said areas on a year-round basis.

Exterior storage of recreational equipment in residential, agricultural and conservation districts for parcels without an existing principal structure.

Recreational equipment that is owned by the property owner cannot be located on any parcel prior to construction of a principal structure for more than either 14 days in any thirty-day period or 60 days per year. Under this condition, the recreational equipment may be used for sleeping quarters by the property owner only.

Exterior storage of recreational equipment is prohibited in industrial, commercial office and Historic Mixed-Use Districts except for businesses that sell, manufacture, repair, or otherwise have business dealings with recreational equipment.

§ 450-40 Exterior lighting standards.

Purpose. The purpose of this section is to regulate the spillover of light and glare on operators of motor vehicles, pedestrians, and land uses in the vicinity of a light source in order to promote traffic safety and to prevent the creation of nuisances.

Applicability. The requirements of this section apply to all private exterior lighting within the jurisdiction of this chapter, except for lighting within public rights-of-way and/or lighting located on public property.

Depiction on required site plan. Any and all exterior lighting shall be depicted as to its location, orientation and configuration on the site plan required for the development of the subject property. (Refer to § 450-23.)

Requirements.

Orientation of fixture. In no instance shall an exterior lighting fixture be oriented so that the lighting element (or a transparent shield) is visible from a property located within a residential zoning district. The use of shielded luminaries and careful fixture placement is encouraged so as to facilitate compliance with this requirement.

Intensity of illumination. In no instance shall the amount of illumination attributable to exterior lighting, as measured at the property line, exceed 0.50 footcandle above ambient lighting conditions on a cloudless night.

Location. Light fixtures shall not be located within required bufferyards.

Flashing, flickering and other distracting lighting. Flashing, flickering and/or other lighting which may distract motorists are prohibited. [Refer to § 450-61A(3).]

Minimum lighting standards. All areas designated on required 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.

Nonconforming lighting. All lighting fixtures existing prior to the effective date of this chapter shall be considered as legal conforming uses.

Special events lighting. Any temporary use using exterior lighting which is not in complete compliance with the requirements of this section shall secure a temporary use permit.

§ 450-41 Vibration standards.

Purpose. The purpose of this section is to regulate the creation of vibration which adversely affects adjoining properties in order to prevent the creation of nuisances and to promote the general welfare of the public.

Applicability. The requirements of this section apply to all uses and activities which create detectable vibrations, except that these standards shall not apply to vibrations created during the construction of the principal use on the subject property.

Depiction on required site plan. Any activity or equipment which creates detectable vibrations outside the confines of a building shall be depicted as to its location on the site plan required for the development of the subject property. (See § 450-23.)

Requirements. No activity or operation shall cause or create earthborne vibrations in excess of the displacement values given below.

Method of measurement. Measurements shall be made at or beyond the adjacent lot line or the nearest residence district boundary line, as described below. Vibration displacements shall be measured with an instrument capable of simultaneously measuring in three mutually perpendicular directions. The maximum permitted displacements shall be determined in each zoning district by the following formula: D = K/f (where D = displacement in inches; K = a constant to be determined by reference to the tables below; f = the frequency of vibration transmitted through the ground, cycles per second.)

Standards in the Light Industrial (M-1) District. In the M-1 District, the maximum earth displacement permitted at the points described below shall be determined by use of the formula above and the appropriate K constant shown in the table below.

Location	K
On or beyond any residence district boundary line
Continuous	0.003
Impulsive	0.006
Less than 8 pulses per 24-hour period	0.015

Standards in the General Industrial (M-2) District. In the M-2 District, the maximum earth displacement permitted at the points described below shall be determined by use of the formula above and the appropriate K constant shown in the table below.

Location	K
On or beyond the any adjacent lot line
Continuous	0.015
Impulsive	0.030
Less than 8 pulses per 24-hour period	0.075
On or beyond any residence district boundary line
Continuous	0.003
Impulsive	0.006
Less than 8 pulses per 24-hour period	0.015

Standards in the Heavy Industrial (M-3) District. In the M-3 District, the maximum earth displacement permitted at the points described below shall be determined by use of the formula above and the appropriate K constant shown in the table below.

Location	K
On or beyond the any adjacent lot line
Continuous	0.030
Impulsive	0.060
Less than 8 pulses per 24-hour period	0.150
On or beyond any residence district boundary line
Continuous	0.003
Impulsive	0.006
Less than 8 pulses per 24-hour period	0.015

§ 450-42 Noise standards.

Purpose. The purpose of this section is to regulate the creation of noise which adversely affects adjoining properties in order to prevent the creation of nuisances and to promote the general welfare of the public.

Applicability. The requirements of this section apply to all uses and activities which create detectable noise, except that these standards shall not apply to noise created during the construction of the principal use on the subject property, or by incidental traffic, parking, loading, maintenance or agricultural operations.

Requirements. All noise shall be muffled so as not be objectionable due to intermittence, beat frequency or shrillness. In no event shall the sound-pressure level of noise radiated continuously from a facility exceed at the lot line of the subject property the values given in Table 450-42C(1) (set out hereafter) as measured by, at the minimum, a Type 2 sound meter that is in compliance with ANSI standard S1.4-1983, where said lot abuts property within any residential, commercial or industrial zoning district.

Table 450-42C(1): Maximum Permitted Noise Level at Lot Line for Noise Radiated Continuously*
Zoning District	Increase in Noise Level over Ambient Level (dBA)
A-1, A-2, C-1, C-2, R-1, R-2, R-3, R-4	plus 3 dBA
B-1, B-2, B-3, B-4, HMU, O-1, M-1	plus 5 dBA
M-2, M-3	plus 8 dBA

*	If the noise is not smooth and continuous or is present only during daytime hours, one or more of the corrections, in Table 450-42C(2) below, shall be added to or subtracted from each of the decibel levels given above in Table 450-42C(1).

Table 450-42C(2): Adjustment Factors for Maximum Noise Levels
Type of Operation in Character of Noise	Correction in Decibels
Daytime operation only	plus 5
Noise source operates less than 20% of any one-hour period	plus 5*
Noise source operates less than 5% of any one-hour period	plus 10*
Noise source operates less than 1% of any one-hour period	plus 15*
Noise of impulsive character (hammering, etc.)	minus 5
Noise of periodic character (hum, speech, etc.)	minus 5

*	Apply one of these corrections only.

§ 450-43 Air pollution standards.

Purpose. The purpose of this section is to regulate the creation of air pollution which adversely affects adjoining properties in order to prevent the creation of nuisances and to promote the general welfare of the public.

Applicability. The requirements of this section apply to all land uses and activities, except that these standards shall not apply to air pollution created during the construction of the principal use on the subject property, or by incidental traffic, parking, loading, or maintenance operations.

Standards.

The emission, from all sources within any lot, of particulate matter containing a particle diameter larger than 44 microns is prohibited.

Emission of smoke or particulate matter of density equal to or greater than Number 2 on the Ringelmann Chart (US Bureau of Mines) is prohibited at all times.

Dust and other types of air pollution borne by the wind from such sources as storage areas, yards, and roads within the boundaries of any lot shall be kept to a minimum by appropriate landscaping, paving, or other acceptable means.

All applicable state and federal standards.

§ 450-44 Odor standards.

Purpose. The purpose of this section is to regulate the creation of odor which adversely affects adjoining properties in order to prevent the creation of nuisances and to promote the general welfare of the public.

Applicability. The requirements of this section apply to all land uses and activities, except that these standards shall not apply to odors created during the construction of the principal use on the subject property, or by incidental traffic, parking, loading, or maintenance operations. Public landfills and public sanitary sewage treatment plants shall be exempted from the requirements of this section as essential public services.

Standards. Except for food preparation and cooking odors emanating from legally established agricultural and residential land uses, and odors associated with property development and maintenance (such as construction, lawn care, and the painting and roofing of structures), no odor shall be created for periods exceeding a total of 15 minutes per any day which are detectable (by a healthy observer such as the Zoning Administrator or a designee who is unaffected by background odors such as tobacco or food) at the boundary of the subject property, where said lot abuts property within any residential, commercial or industrial zoning district.

§ 450-45 Electromagnetic interference standards.

Purpose. The purpose of this section is to regulate the creation of electromagnetic interference which adversely affects adjoining properties in order to prevent the creation of nuisances and to promote the general welfare of the public.

Applicability. The requirements of this section apply to all land uses and activities.

Standards. It shall be unlawful to operate or cause to be operated any planned or intentional source of electromagnetic interference for such purposes as communication, experimentation, entertainment, broadcasting, heating, navigation, therapy, vehicle velocity measurement, weather survey, aircraft detection, topographical survey, personal pleasure, or any other use directly or indirectly associated with these purposes which does not comply with the then current regulations of the Federal Communications Commission regarding such sources of electromagnetic interference. Further, said operation in compliance with the Federal Communications Commission shall be unlawful if such interference causes an abnormal degradation in performance of other electromagnetic radiators or electromagnetic receptors of quality and proper design because of proximity, primary field, blanketing, spurious radiation, harmonic content, modulation or energy conducted by power or telephone lines. The determination of "abnormal degradation in performance" and "of quality and proper design" shall be made in accordance with good engineering practices as defined in the latest principles and standards of the American Institute of Electrical Engineers, the Institute of Radio Engineers, and the Electronic Industries Association. In case of any conflict between the latest standards and principles of the above groups, the following precedence in the interpretation of the standards and principles shall apply: 1) American Institute of Electrical Engineers, 2) Institute of Radio Engineers, and 3) Electronic Industries Association.

§ 450-46 Glare and heat standards.

Purpose. The purpose of this section is to regulate the creation of glare or heat which adversely affects adjoining properties in order to prevent the creation of nuisances and to promote the general welfare of the public.

Applicability. The requirements of this section apply to all land uses and activities, except that these standards shall not apply to glare created during the construction of the principal use on the subject property, or by incidental traffic, parking, loading, or maintenance operations.

Standards. No direct or sky-reflected glare, whether from floodlights or from temperature processes such as combustion or welding or otherwise, so as to be measurable by a light meter at the lot line of the subject property shall be permitted. (See also, § 450-40.) Furthermore, there shall be no transmission of heat or heated air so as to be discernible (by a healthy observer such as the Zoning Administrator or a designee) at the lot line. Solar systems regulated by § 66.0401, Wis. Stats., shall be entitled to the protection of its provisions.

§ 450-47 Fire and explosion standards.

Purpose. The purpose of this section is to regulate the creation of fire and/or explosion hazards which adversely affect adjoining properties in order to prevent the creation of nuisances and to promote the general welfare of the public.

Applicability. The requirements of this section apply to all land uses and activities.

Standards. Any materials which could decompose by detonation shall be located a minimum of 400 feet from any residential or office zoning district, except that this standard shall not apply to the storage or usage of liquefied petroleum or natural gas for normal residential or business purposes. All activities and storage of flammable and explosive materials at any point shall be provided with adequate safety and firefighting devices in accordance with all fire prevention codes of the State of Wisconsin.[1]

Editor's Note: See also Ch. 225, Fires and Fire Prevention.

§ 450-48 Toxic or noxious material standards.

Purpose. The purpose of this section is to regulate the handling of toxic or noxious material which adversely affects adjoining properties in order to prevent the creation of nuisances and to promote the general welfare of the public.

Applicability. The requirements of this section apply to all land uses and activities.

Standards.

No use shall discharge across the boundaries of the subject property, or through percolation into the subsoil, toxic or noxious material in such concentration as to be detrimental to, or endanger, the public health, safety, comfort, or welfare, or cause injury or damage to the property or business.

No use shall discharge at any point into any public or private sewage disposal system or stream, or into the ground, any liquid or solid materials except in accordance with the regulations of the Wisconsin Department of Natural Resources.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

§ 450-49 Waste material standards.

Purpose. The purpose of this section is to regulate the handling of waste material which adversely affects adjoining properties in order to prevent the creation of nuisances and to promote the general welfare of the public.

Applicability. The requirements of this section apply to all land uses and activities.

Standards.

§ 450-50 Drainage standards.

Purpose. The purpose of this section is to regulate the creation of drainage which adversely affects adjoining properties in order to prevent the creation of nuisances and to promote the general welfare of the public.

Applicability. The requirements of this section apply to all land uses and activities.

Standards. No land shall be developed and no use shall be permitted that results in water runoff which causes property damage, a nuisance, and/or erosion on adjacent properties. Such runoff shall be properly conveyed to a public storm drain, drainageway or other such public drainage facility per the approval of the Director of Public Works.

§ 450-51 Exterior construction material standards.

Purpose. The purpose of this section is to regulate the use of certain exterior construction materials so as to attain a degree of uniformity in exterior appearance, and thus maintain and enhance the attractiveness and property value of certain zoning districts.

Applicability. The requirements of this section apply to all land uses and activities.

Standards for the M-1 Zoning District and all residential and commercial zoning districts. Exposed foundations greater than three feet in height from the adjacent grade, in all multifamily, institutional, commercial and industrial development, shall require additional decorative exterior treatment subject to site plan review approval by the Plan Commission per § 450-23.

§ 450-52 Hazardous materials standards.

Purpose. The purpose of this section is to provide information to the City regarding the nature of land uses which involve research, production, storage, disposal, handling, and/or shipment of hazardous materials.

Applicability. The requirements of this section apply to all land uses and activities involving any one or more of the following:

Microorganism cultures subject to Wis. Stats., § 94.65;

Pesticides subject to Wis. Stats., § 94.67(25);

Biological products subject to Wis. Stats., § 95.39;

Hazardous substances subject to Wis. Stats., § 100.37(1)(c);

Toxic substances subject to Wis. Stats., § 101.58(2)(j);

Infectious agents subject to Wis. Stats., § 101.58(2)(f);

Any material for which the state requires notification of a local fire department;

(8)

Any other uses, activities, or materials which are subject to county, state, or federal hazardous, or related, materials regulations.

Standards. All land uses involving such hazardous materials shall submit a written description of such materials and the operations involving such materials conducted on their property as part of the required site plan submittal. (See § 450-23.)

§ 450-53 Fencing standards.

Purpose. The purpose of this section is to regulate the materials, location, height, and maintenance of fencing, landscaping walls (nonstructural decorative walls, typically made of stone or brick), and decorative posts in order to prevent the creation of nuisances and to promote the general welfare of the public.

Applicability. The requirements of this section apply to all fencing, landscape walls and decorative posts equal to or exceeding 30 inches in height for all land uses and activities.

Standards.

Materials:

Residential districts. Acceptable materials for constructing fencing, landscape walls, and decorative posts include wood, stone, brick, wrought iron, chain-link, and wire-mesh, except that wire-mesh fencing is not permitted within required front yard or street yard areas. Any fence within a street yard, including along property lines which intersect a right-of-way, shall be a maximum of 50% opaque.

Nonresidential districts. Acceptable materials for constructing fencing, landscape walls, and decorative posts include wood, stone, brick, wrought iron, chain-link, and wire-mesh. Barbed wire fencing is permitted on security fences at heights equal to or greater than 7 1/2 feet 90 inch. This height requirement may be exceeded with the granting of a conditional use permit (per § 450-16).Any fence within a street yard, including along property lines which intersect a right-of-way, shall require site plan approval.

Temporary fencing. Temporary fencing, including the use of wood or plastic snow fences for the purposes of limiting snow drifting between November 1 and April 1, protection of excavation and construction sites, and the protection of plants during grading and construction is permitted for up to 180 consecutive days and no more than 180 consecutive days per calendar year.

Snow fences. Snow fences constructed of wood and wire, and/or plastic, shall be permitted only as temporary fences.

Location. On all properties, no fence, landscape wall or decorative post shall be located closer than one foot to the front yard or street yard property line. Fence may be required to be more than one foot from a front or street yard property line if it creates a visual obstruction. Fences may be located on a property line abutting a side or rear yard.

Maximum height. The maximum height of any fence, landscape wall, or decorative post shall be the following:

Four feet when located within a required front yard or required street yard on any property, unless it is determined to be a visual obstruction;

Six feet when located on any residentially zoned property, but not within a required front yard or a required street yard;

Eight feet when located on any nonresidentially zoned property, but not within a required front yard or a required street yard, except that security fences may exceed this height;

The maximum heights listed for Subsection C(3)(a) through (c) above may be exceeded with the approval of a conditional use per § 450-16. The following conditions (at a minimum) shall be established for such requests:

The increase in height shall in no way further obstruct vision for intersecting streets, driveways, sidewalks or other traffic areas;

[2]

The fence shall be screened on its external side with adequate plants so as to maintain an attractive appearance to said side;

[3]

The fence shall be set back from the property line beyond the requirement of Subsection C(2) above such distance as appropriate to contain adequate landscaping per Subsection C(3)(d)[2] above and so as to maintain an attractive relationship to fence's external side.

Orientation. Any and all fences, landscape walls, or decorative posts between different land uses shall be erected so as to locate visible supports and other structural components toward the most intensive land use as determined by the Building Inspector and/or Zoning Administrator. Any and all fences, landscape walls, or decorative posts between land uses of like intensity or adjacent to public right-of-way shall be erected so as to locate visible supports and other structural components toward the fence owner's property.

Maintenance. Any and all fences, landscape walls, or decorative posts shall be maintained in a structurally sound and attractive manner.

Swimming pools. See § 450-56, Swimming pool and landscape pond standards.

§ 450-54 Wind energy.

Regulation. This section is to regulate the placement of and access to wind energy systems (WES) for the purposes of protecting the health and safety of individuals on adjacent properties as well as the general public.

Permits required.

A zoning permit shall be obtained from the Plan Commission to allow construction of a wind energy conversion system (WECS).

A WECS permit shall be obtained from the Building Inspector for the construction of all wind energy conversion systems.

Plans to be submitted. Application for the permit shall include the following:

Property lines;

Proposed location of WECS;

Location of all existing structure on sites;

All aboveground utility lines within a radius equal to the height of the WECS;

Schematic of electrical system associated with the WECS including all existing and proposed electrical interconnections;

All underground utility lines on the site;

Dimensional representation of the structural components of the tower construction including the base and footings;

(8)

Manufacturer's specifications and installation and operation instructions or specific WECS design data;

(9)

Certification by a registered professional engineer or manufacturer's certification that the tower design is sufficient to withstand wind load requirements for structure as defined by the Uniform Building Code;[1]

Editor's Note: See also Ch. 192, Building Construction.

(10)

No WES shall be located in the required front setback. No WES shall be located in any dedicated easement.

Wind access. Wind access specifications are subject to state statutes.

Blade clearance. The minimum distance between the ground and any protruding blade(s) utilized on a WECS shall be 15 feet, as measured at the lowest point of the arc of the blades. The minimum distance shall be increased as necessary to provide for vehicle clearance in locations where oversized vehicles might travel.

Climbing towers, tower access. Access to towers shall be controlled by fences six feet in height around the tower and anticlimbing devices. Existing local regulations regarding attractive nuisances shall cover wind systems as well. A sign indicating electrical shock hazard shall be placed on the tower. Wording of sign: "Warning: Electrical shock hazard. No unauthorized persons on tower. No trespassing." Cables, ropes, or wires used to secure the WECS shall be appropriately marked to prevent accidental bodily harm.

Tower construction. Construction: Tower construction shall be in accordance with all applicable sections of the Wisconsin State Building Code, including but not limited to Sections 50.12, 53.10, 53.12, 62.37, 62.38, 62.39, 62.40, 62.41, and any future amendments and/or revisions to same.

Utility interconnection. The WECS, if interconnected to a utility system, shall meet the requirements for interconnection and operate as set forth in the electric utility's then current service regulations applicable to WECS. These standards are subject to review by the Public Service Commission of Wisconsin. There is no need for additional local regulation of the electrical interconnection of a wind system with the electric utility.

Setback requirements. The installation may be erected not less than one rotor radius plus five feet from any property line of right-of-way for overhead electrical transmission or distribution lines. If the WECS complies with all the other parameters of this chapter, except that it cannot be certified by the manufacturer or certified engineer to conform with applicable sections of the Uniform Building Code of Wisconsin State Building Code, as defined previously, then installation shall not be erected nearer to any lot line than the total height of the structure. Contiguous property owners may construct a WECS for use in common, provided that the required setback is maintained relative to the property lines of nonparticipating owners.

Required safety features. The design of a proposed WECS shall operate safely, without loss of structural integrity, under the following conditions:

Loss of utility power (shall not supply electric power to a deenergized electric distribution system).

High wind speed (shall brake or feather below survival wind speed).

Out of balance condition.

Noise. During all operations, from commencement through abandonment, all noise and vibration shall conform with the requirements of the Code of the City of Edgerton.

Interference with navigational systems. No WECS shall be installed or operated in such a manner that is not in compliance with the Federal Aviation Administration regulations.

Electrical distribution lines. All electrical distribution lines must be located underground unless the WECS complies with § 450-33I(7).

WES safety provisions.

Automatic overspend control. All WECS shall be designed with an automatic overspend control to render the system inoperable when winds are blowing in excess of the speeds for which the machine was designed.

Manual shutdown. All WECS shall have a manually operable method to render the system inoperable in the event of structural or mechanical failure of any part of the system including the automatic overspeed control.

Unsafe WECS. Any WECS or part thereof declared to be unsafe by the Building Inspector by reason of inadequate maintenance, dilapidation, obsolescence, fire hazard, disaster, damage, or abandonment, are hereby declared to be public nuisances and shall be abated by repair, rehabilitation, demolition, or removal in accordance with the procedures set forth in the Code of the City of Edgerton.

Commercial sale of converted wind energy. The resultant energy generated by the WECS shall not be used as commercial enterprise unless the WECS complies with § 450-33I(7).

Maintenance. The Building Inspector and his or her representative shall have the right, at any reasonable time, to enter, in the company of the owner of his agent, the premises on which a WECS has been constructed to inspect all parts of said WECS installation and require that repairs or alterations be made within 30 days if in his judgment there exists a deficiency in the structure stability of the system.

A yearly inspection (at a fee as set by the City Council in the current Fee Schedule, on file in City Hall) shall be made by the Building Inspector to certify the safety and maintenance of the WECS and accessory structures.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

§ 450-55 Solar energy.

Solar access permits.

Permit procedure. The Plan Commission is herein delegated the responsibility to issue solar access permits. The Plan Commission shall determine if an application is satisfactorily completed and shall notify the applicant of its determination. If an applicant receives notice that an application has been satisfactorily completed, the applicant shall deliver by certified mail or by hand a notice to the owner of any property which the applicant proposes to be restricted by the permit under § 450-55A(5)(a). The applicant shall submit to the Zoning Administrator a copy of a signed receipt for every notice delivered under this section. The Zoning Administrator shall supply the notice form. The information of the form may include, without limitation because of enumeration:

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

The name and address of the applicant, and the address of the land upon which the solar collector is or will be located.

That an application has been filed by the applicant.

That the permit, if granted, may affect the rights of the notified owner to develop his or her property and to plant vegetation.

The telephone number, address and office hours of the City.

(e)

That any person may request a hearing under § 450-55A(2) within 30 days after receipt of the notice, and the address and procedures for filing the request.

Hearing. Within 30 days after receipt of the notice under § 450-55A(1), any person who has received a notice may file a request for a hearing on the granting of a permit. The Plan Commission may determine that a hearing is necessary even if no such request if filed. If a request is filed or if the agency determines that a hearing is necessary, the Plan Commission shall conduct a hearing on the application within 90 days after the last notice is delivered. At least 30 days prior to the hearing date, the Plan Commission shall notify the applicant, all owners notified under § 450-55A(1) and any other persons filing a request of the time and place of the hearing.

Permit grant. The Plan Commission shall grant a permit if it determines that:

The granting of a permit will not unreasonably interfere with the orderly land use and development plans of the City;

No person has demonstrated that she or he has present plans to build a structure that would create an impermissible interference by showing that she or he has applied for a building permit prior to receipt of a notice under § 450-55A(1), has expended at least $500 on planning or designing such a structure or by submitting any other credible evidence that she or he has made substantial progress toward planning or constructing a structure that would create an impermissible interference; and

The benefits to the applicant and the public will exceed any burdens.

Exemptions. The Plan Commission may grant a permit subject to any condition or exemption the Plan Commission deems necessary to minimize the possibility that the future development of nearby property will create an impermissible interference or to minimize any other burden on any person affected by granting the permit. Such conditions or exemptions include but are not limited to restrictions of the location of the collector and requirements for the compensation of persons affected by the granting of the permit.

Record of permit. If the Plan Commission grants a permit.

The Plan Commission shall specify the property restricted by the permit under § 450-55A and shall prepare notice of the granting of the permit. The notice shall include the identification required under § 450-55A for the owner and the property upon which the solar collector is or will be located and for any owner and property restricted by the permit under § 450-55A and shall indicate that the property may not be developed and vegetation may not be planted on the property so as to create an impermissible interference with the solar collector which is the subject of the permit unless the permit affecting the property is terminated under § 450-55E or unless an agreement affecting the property is filed under § 450-55F.

The applicant shall record with the Register of Deeds of the county in which the property is located the notice under § 450-55A(1) for each property specified under Subsection A(1) and for the property upon which the solar collector is or will be located.

Remedies for impermissible interference. Any person who uses property which he or she owns or permits any other person to use the property in a way which creates an impermissible interference under a permit which has been granted or which is the subject of an application shall be liable to the permit holder or applicant for damages, except as provided under Subsection B(1), for any loss due to the impermissible interference, court costs and reasonable attorneys' fees unless:

The building permit was applied for prior to receipt of a notice under § 450-55A(1)or the agency determines not to grant a permit under a hearing under § 450-55A(2).

A permit affecting the property is terminated under § 450-55E.

Agreement affecting the property is filed under § 450-55F.

Permit holder. A permit holder is entitled to an injunction to require the trimming of any vegetation, which creates or would create an impermissible interference as defined. If the court finds on behalf of the permit holder, the permit holder shall be entitled to a permanent injunction, damages, court costs and reasonable attorneys' fees.

Appeals. Any person aggrieved by a determination by a municipality under this section may appeal the determination to the Circuit Court for a review.

Termination of solar access rights.

Any right protected by a permit under this section shall terminate if the Plan Commission determines that the solar collector which is the subject of the permit is:

Permanently removed or is not used for two consecutive years, excluding time spent on repairs or improvements.

Not installed and functioning within two years after the date of issuance of the permit.

The Plan Commission shall give the permit holder written notice and an opportunity for a hearing on a proposed termination under § 450-55E(1).

If the Plan Commission terminates a permit, the Plan Commission may charge the permit holder for the cost of recording and record a notice of termination with the register of deeds, who shall record the notice with the notice recorded under § 450-55A(5)(b)or indicate on any notice recorded under § 450-55A(5)(b).that the permit has been terminated.

Waiver. A permit holder by written agreement may waive all or part of any right protected by a permit. A copy of such agreement shall be recorded with the register of deeds, who shall record such copy with the notice recorder under § 450-55A(5)(b).

Preservation of rights. The transfer of title to any property shall not change the rights and duties under this section.

Construction.

This section may not be construed to require that an owner obtain a permit prior to installing a solar collector.

This section may not be construed to mean that acquisition of a renewable energy easement under § 700.35, Wis. Stats., is in any way contingent upon the granting of a permit under this section.

Control of vegetation blocking solar energy systems. The City may provide for the trimming of vegetation which blocks solar energy from a collector surface. This chapter includes the designation of solar collector owner as the person responsible for the cost of removing the vegetation.

Maintenance. The Building Inspector and his or her representative shall have the right, at any reasonable time, to enter, in the company of the owner of his agent, the premises on which a solar energy system has been constructed to inspect all parts of said solar energy system installation and require that repairs or alterations be made within 30 days if in his judgment there exists a deficiency in the structural stability of the system.

§ 450-56 Swimming pool and landscape pond standards.

Definitions. As used in this section, the following terms shall have the meanings indicated:

LANDSCAPE POND

A landscape pond is a body of water or an outdoor structure containing a body of water used or intended to be used as a landscape feature not for swimming. The term includes all structural facilities, appliances and appurtenances, equipment and other items used and intended to be used for the operation and maintenance of a landscape pond.

SWIMMING POOL

A swimming pool is a body of water or an outdoor structure containing a body of water in a receptacle or other container located above or below the surface of ground elevation, installed in such a manner that the pool will remain in place as a fixture throughout the full year and will be considered as a permanent or semipermanent structure on the land. A swimming pool is used or intended to be used for swimming solely by the owner, operator, or lessee thereof and his family, and by friends invited to use it. The term includes all structural facilities, appliances and appurtenances, equipment and other items used and intended to be used for the operation and maintenance of the swimming pool.

TEMPORARY SWIMMING POOL

A temporary swimming pool is a body of water or an outdoor structure containing a body of water in a receptacle or other container having a depth for water at any point greater than 1 1/2 feet located above or below the surface of ground elevation, which is constructed so that it may be readily disassembled for storage and reassembled to its original integrity. A temporary swimming pool is used or intended to be used for swimming solely by the owner, operator, or lessee thereof and his family, and by friends invited to use it. The term includes all structural facilities, appliances and appurtenances, equipment and other items used and intended to be used for the operation and maintenance of the temporary swimming pool.

WADING POOL

A wading pool is a storable children's pool which is 1 1/2 feet deep or less and is constructed so that it may be readily disassembled for storage and reassembled to its original integrity. A wading pool is used or intended to be used for swimming or wading solely by the owner, operator, or lessee thereof and his family, and by friends invited to use it.

Exempt pools. Unless otherwise regulated, wading pools are exempt from the provisions of this section. Hot tubs located outside a structure are exempt from the provisions of this section except for the following: hot tubs cannot be located in a front or street side yard; hot tubs must be 10 feet from a property line; hot tubs must be covered when not in use; and all electrical installations, shall be in conformance with the state laws and City ordinances regulating electrical installations.

Swimming pool construction requirements.

Permit required. Before work is commenced on the construction or erection of swimming pool or on any alterations, additions, remodeling or other improvements, an application for a swimming pool building permit to construct, erect, alter, remodel or add must be submitted in writing to the Building Inspector. Plans and specifications and pertinent explanatory data should be submitted to the Building Inspector at the time of application. No work or any part of the work shall be commenced until a written permit for such work is obtained by the applicant. The required building permit fee pursuant to Chapter 192, Building Construction, of the City Code, shall accompany such application. In addition to such other requirements as may be reasonably imposed by the Building Inspector, the Building Inspector shall not issue a permit for construction of a swimming pool as provided for in this subsection , unless the following construction requirements are observed.

Approved materials. All materials and methods of construction in the construction, alteration, addition, remodeling or other improvements and installation shall be in accord with all state regulations and code and with any and all ordinances of the City now in effect or hereafter enacted.

Plumbing. All plumbing work shall be in accordance with all applicable ordinances of the City and all state codes. Every swimming pool shall be provided with a suitable draining method, and in no case shall waters from any pool be drained into the sanitary sewer system, onto lands of other property owners adjacent to that on which the pool is located or in the general vicinity. Provisions may be made for draining the contents of any swimming pool into a storm sewer, but such installation shall be subject to prior approval by the Public Works Director.

Electrical installations. All electrical installations, including lighting and heating but not limited thereto, which are provided for, installed and used in conjunction with a private swimming pool, shall be in conformance with the state laws and City ordinances regulating electrical installations.

Setbacks and other requirements.

No portion of a swimming pool or any pool equipment located outside a building shall be erected or constructed in any front or street yard. No swimming pool shall be erected or constructed on an otherwise vacant lot. A lot shall not be considered vacant if the owner owns the contiguous lot and said lot is occupied by a principal building.

All swimming pools shall be at least 10 feet from any lot line or building unless designed and approved as an addition to a building.

Enclosure.

Fence; in-ground pools.

All outdoor, in-ground swimming pools shall have a fence or other solid structure not less than four feet in height completely enclosing the pool or yard in which the pool is located. The fence or solid structure shall comply with minimum building codes for deck railings regarding spacing of spindles or opacity. All gates or doors opening through the enclosure shall be kept securely closed and locked at all times when not in actual use and shall be equipped with a self-closing and self-latching device designed to keep and be capable of keeping such door or gate securely locked at all times when not in actual use.

[2]

The barrier described in Subsection C(6)(a)[1] may be omitted if a safety cover is installed. A safety cover covers all of the water surface of the pool and meets ASTM F1346-91 standards for safety covers. The safety cover shall be in place at all times when the pool is not in actual use.

Aboveground swimming pools; swimming pool wall barrier.

An approved barrier shall consist of a solid wall or fence that complies with minimum building codes for deck railings regarding spacing of spindles or opacity and shall be installed directly above the vertical water-enclosing wall of the pool. Such barrier shall extend more than three feet above the top rim of the pool. Such a barrier shall not be located within six feet of any other wall or fence or other structure which can be readily climbed by children. Every entrance to a pool, such as a ladder, must be secured or adequately safeguarded to prevent unauthorized entry into the pool.

[2]

The barrier installed directly above the water-enclosing wall of the pool described in Subsection C(6)(b)[1] may be omitted in the following instances:

[a]

Where the yard in which the pool is located is completely enclosed by a minimum four-foot-tall fence or other solid structure;

[b]

The aboveground swimming pool has a raised deck around the entire pool perimeter with an attached, minimum of 36 inches high, fence or solid structure. The fence or solid structure shall comply with minimum building codes for deck railings regarding spacing of spindles or opacity; or

[c]

Where the pool has installed a safety cover meeting the specification of Subsection C(6)(a)[2].

Temporary swimming pool construction requirements.

Permit. No permit is required for temporary swimming pools.

Plumbing. All plumbing work shall be in accordance with all applicable ordinances of the City and all state codes. Every temporary swimming pool shall be provided with a suitable draining method, and in no case shall waters from any pool be drained into the sanitary sewer system, onto lands of other property owners adjacent to that on which the pool is located or in the general vicinity. Provisions may be made for draining the contents of any temporary swimming pool into a storm sewer, but such installation shall be subject to prior approval by the Public Works Director.

Setbacks and other requirements.

No portion of a temporary swimming pool or any pool equipment located outside a building shall be erected or constructed in any front or street yard. No temporary swimming pool shall be erected or constructed on an otherwise vacant lot. A lot shall not be considered vacant if the owner owns the contiguous lot and said lot is occupied by a principal building.

All temporary swimming pools shall be at least 10 feet from any lot line.

Access. Every entrance to a pool, such as a ladder, must be secured or adequately safeguarded to prevent unauthorized entry into the pool.

Landscape pond construction requirements.

Permit. No permit is required for landscape ponds.

Size. No landscape pond shall be deeper than 2 1/2 feet. If a landscape pond is deeper than 1 1/2 feet it shall have an 18 inches wide ledge around the entire edge inside (in the water) of the landscape pond that is less than 1 1/2 feet deep. No landscape pond can have a surface area greater than 225 square feet, unless the Plan Commission grants a conditional use in accordance with the standards and procedures applicable to all conditional uses.

Plumbing. All plumbing work shall be in accordance with all applicable ordinances of the City and all state codes. Every landscape pond shall be provided with a suitable draining method, and in no case shall waters from any landscape pond be drained into the sanitary sewer system, onto lands of other property owners adjacent to that on which the landscape pond is located or in the general vicinity. Provisions may be made for draining the contents of any landscape pond into a storm sewer, but such installation shall be subject to prior approval by the Public Works Director.

Electrical installations. All electrical installations, including lighting and heating but not limited thereto, which are provided for, installed and used in conjunction with a landscape pond, shall be in conformance with the state laws and City ordinances regulating electrical installations.

Setbacks and other requirements.

No landscape pond shall be erected or constructed on an otherwise vacant lot. A lot shall not be considered vacant if the owner owns the contiguous lot and said lot is occupied by a principal building.

All landscape ponds shall be at least 10 feet from any lot line.

Compliance. All swimming pools existing at the time of passage of this chapter not satisfactorily fenced shall comply with the fencing requirements of this section when water is placed in the pool. Variations in enclosure requirements that do not adversely affect the safety of the public may be approved.

Filter system required. All swimming pools and temporary swimming pools within the meaning of this chapter must have, in connection therewith, some filtration system to assure proper circulation of the water therein and maintenance of the proper bacterial quality thereof.

Dirt bottoms prohibited. All swimming pools, temporary swimming pools, landscape ponds, and wading pools shall be contained by a nondrainable material such as plastic, concrete, rubber, etc. No sand or dirt bottoms shall be permitted.

[Amended by Ord. No. 17-11]

§ 450-57 Administration and enforcement of performance standards.

Determination. Determinations necessary for administration and enforcement of performance standards set forth herein range from those which can be made with satisfactory accuracy by a reasonable person using normal senses and no mechanical equipment, to those requiring great technical competence and complex equipment for precise measurement. It is the intent of this chapter that:

Where determinations can be made by the Zoning Administrator or Building Inspector using equipment normally available to the City or obtainable without extraordinary expense, such determinations shall be so made before notice of violations is issued.

Where technical complexity or extraordinary expense makes it unreasonable for the City to maintain the personnel or equipment necessary for making difficult or unusual determinations, procedures shall be available for causing corrections of apparent violations of performance standards, for protecting individuals from arbitrary, capricious, and unreasonable administration and enforcement of performance standard regulations, and for protecting the general public from unnecessary costs for administration and enforcement.

The Zoning Administrator shall give written notice, by certified mail or other means, ensuring a signed receipt for such notice to the person or persons responsible for the alleged violations. The notice shall describe the particulars of the alleged violation and the reasons why the Zoning Administrator believes there is a violation in fact, and shall require an answer or correction of the alleged violation to the satisfaction of the Zoning Administrator.