Any accessory use or structure shall conform
to the applicable regulations of the district in which it is located,
except as specifically otherwise provided.
A. Placement restrictions in residential districts. An
accessory use or structure in a residential district may be established
subject to the following regulations:
(1) Accessory building number limits. In any residential
district, in addition to the principal building and a detached garage
or attached garage, there may be one additional accessory building
per 1/2 acre of lot.
(2) Accessory building size limits. No attached accessory
building or structure shall exceed the height of the principal building
or structure.
(3) Attached garage and accessory buildings. All accessory
buildings which are attached to the principal building shall comply
with the yard requirements of the principal building.
(4) Detached accessory buildings. Accessory buildings
which are not a part of the main building shall not occupy more than
30% of the area of the required rear yard and shall not be more than
20 feet high. The building shall comply with setbacks of the zone
in which it is located. An accessory building shall not be nearer
than 10 feet to the principal structure unless the applicable Building
Code regulations in regard to fire-resistive construction are complied
with. In no event can the accessory uses or structures be forward
of the front line of the principal structure.
(5) Accessory building yard requirements. Accessory building
yard requirements shall be as prescribed for each zoning district.
(6) Detached garages. Detached garages shall not exceed
the area requirements found in the standards for each zoning district,
and the roof pitches shall not exceed the steepest pitch of the principal
structure. The total lot coverage shall not exceed the total allowed
as set forth in the zoning district where the garage will be located.
Total lot coverage shall include all buildings located on the lot.
(7) Carports. Carports must meet all requirements of attached
or detached garages. However, carports constructed in mobile home
parks that exist on the date this chapter was passed may have the
following allowance: the carport can be in the front of the mobile
home and must have a front yard setback of 10 feet.
B. Use restrictions, residential districts. Accessory
uses or structures in residential districts shall not involve the
conduct of any business, trade or industry except for home occupations
as defined and authorized herein and shall not be occupied as a dwelling
unit.
C. Use restrictions, nonresidential districts. An accessory
use or structure in a commercial or industrial district may be established
in the rear yard or side yard and shall have setbacks as prescribed
in each zoning district.
D. Reversed corner lots. When an accessory structure
is located on the rear of a reversed corner lot, it shall not be located
beyond the front yard required on the adjacent interior lot to the
rear, nor nearer than five feet to the side line of the adjacent structure.
E. Landscaping and decorative uses. Accessory structures
and vegetation used for landscaping and decorating may be placed in
any required yard area. Permitted structures and vegetation include
flagpoles, ornamental light standards, lawn furniture, sundials, birdbaths,
trees, shrubs and flowers and gardens.
F. Temporary uses. Temporary accessory uses such as real
estate sales field offices or shelters for materials and equipment
being used in the construction of the permanent structure may be permitted
by the Zoning Administrator and shall be removed within 30 days of
occupancy of the project.
G. Garages in embankments in front yards. Where the mean
natural grade of a front yard is more than eight feet above the curb
level, a private garage may be erected within the front yard, following
approval by the Village Board, provided that:
(1) Such private garage shall be located not less than
five feet from the front lot line;
(2) The floor level of such private garage shall be not
more than one foot above the curb level; and
(3) At least 1/2 the height of such private garage shall
be below the mean grade of the front yard.
H. Outdoor lighting. Outdoor lighting installations shall
not be permitted closer than three feet to an abutting property line
and, where not specifically otherwise regulated, shall not exceed
15 feet in height and shall be adequately shielded or hooded so that
no excessive glare or illumination is cast upon the adjoining properties.
I. Lawn accessories. Walks, drives, paved terraces, patios,
platforms, and purely decorative garden accessories such as pools,
fountains, statuary, flagpoles, etc., shall be permitted in setback
areas but not closer than three feet to an abutting property line
other than a street line. Walks, paved terraces, platforms, patios,
and drives cannot extend more than six inches above the average ground
level without a permit.
J. Retaining walls. Retaining walls may be permitted
anywhere on the lot; provided, however, that no individual wall shall
exceed three feet in height, and a terrace of at least three feet
in width shall be provided between any series of such walls and provided
further that along a street frontage no such wall shall be closer
than three feet to the property line.
No sign may be located, erected, moved, reconstructed, extended, enlarged, converted or structurally altered without a building permit. All signs must meet the structural requirements of Chapter
122, Building Construction and Fire Prevention, of this Code. All proposed signs shall be reviewed by the Zoning Administrator and are subject to approval prior to placement, except those identified as exempt in Subsection B, Signs exempt from obtaining a permit. To promote compatible signage throughout the development, signage should be an integral part of the overall building concept.
A. Prohibited signs. Prohibited signs in the Village
of Balsam Lake include, but may not be limited to:
(3) Revolving or moving signs.
(5) Flashing and blinking signs.
[Amended 5-6-2019 by Ord. No. 2019-02]
(7) Signs located in public rights-of-way.
(8) Signs or posters attached to trees, fences, utility
poles, or other permanent supports.
(9) Unsafe or dangerous signs.
(10)
Signs with fluorescent colors.
(11)
Signs painted on walls or fences.
(12)
Off-premises commercial advertising signs or
billboards.
(13)
Private signs on public property for more than
three days.
B. Signs exempt from obtaining a permit.
(1) In commercial and industrial areas (I, HC, RSC and
VCC):
(a)
Window signs painted on the window or affixed
to the interior of a window, provided that such sign does not occupy
more than 20% of the area of the window in which it is displayed.
If the sign exceeds 20% of the area of the window, it will be considered
a window sign and subject to window sign requirements.
(2) In all zones, the following signs do not require a
permit:
(a)
Bulletin boards for public, charitable or religious
institutions that do not exceed eight square feet in area located
on the premises.
(b)
Memorial signs. Tablets, names of buildings
and dates of erection are allowed when cut into any masonry surface
or when constructed of metal and affixed flat against a structure.
(c)
Official signs, such as traffic control, parking
restrictions, information and notices placed by or on behalf of any
federal, state, county or Village government.
(d)
Incidental signs. A sign, generally informational,
that has a purpose secondary to the use of the zone lot on which it
is located, such as "No Parking," "Entrance," "Loading Only" and other
similar directives. No sign with a commercial message which is designed
with the intent to be legible from a position off the zone lot on
which the sign is located shall be considered incidental.
(e)
Temporary, nonilluminated signs, including real
estate sale, model home, open house, garage sale, thrift sale, auction/estate,
and noncommercial signs such as political support and community event
signs are allowed without a permit. Such signs, however, shall not
exceed six square feet in total area and shall not stand more than
five feet above grade. In the case of a noncommercial temporary sign,
the display period shall not exceed 30 days. Any temporary commercial
sign must be removed within seven days following completion of the
sales event. The following exceptions are allowed:
[1]
Construction signs: 100 square feet maximum
in commercial or industrial districts; 10 square feet maximum in residential
districts; shall stand no longer than 60 days after construction is
complete.
[2]
"For Sale" or "For Lease" signs: 32 square feet
maximum in commercial or industrial districts; 10 square feet maximum
in residential districts; under six square feet does not require a
permit; shall stand no more than seven days after sale or lease is
recorded.
[3]
Special event signs, including banners, tethered
balloons, inflatable signs and other similarly bold signage: 32 square
feet maximum; shall be displayed for a consecutive period not to exceed
15 days or a maximum of 30 days per year.
[4]
"Grand Opening" signs: 32 square feet maximum;
shall be displayed for a period not to exceed 30 days.
C. Signs allowed in commercial and industrial districts
upon issuance of a sign permit (VCC, HC, RSC and I).
(1) Wall signs. "Wall sign" is defined as any sign attached
parallel to, but within six inches of, a wall, painted on the wall
surface, or erected and confined within the limits of an outside wall
or structure, which is supported by such wall or building and which
displays only one sign surface.
(a)
Wall signs should not exceed a total signage
allowance of one square foot of sign per linear foot of building frontage
(minus any area devoted to freestanding or projecting signs). The
sign shall not be placed above the mark at 12 feet above the mean
center-line street grade.
(b)
Canopy and awning signs are classified as wall
signs.
(c)
Lots fronting onto two main streets are permitted
an additional 35% of the permitted wall sign area for each subsequent
building frontage.
(2) Projected signs. "Projected sign" is defined as a
sign affixed to a building or wall in such a manner that its leading
edge extends more than six inches beyond the surface of such building
or wall.
(a)
Projected signs shall not exceed eight square
feet in area and must not extend more than four feet from the building.
Projected signs must provide a minimum sidewalk clearance of eight
feet.
(b)
Projected signs are prohibited in the Industrial
District of the Village of Balsam Lake.
(c)
Only one projected sign is allowed per business
tenant in all commercial districts.
(3) Ground signs. A ground sign is a freestanding sign
supported by structures or supports that are placed on or anchored
in the ground and that are independent from any building or other
structure. One ground sign not to exceed 35 square feet in area is
allowed per business tenant. A ground sign must be set back at least
five feet from the lot line and should not exceed five feet in height.
A pole-style ground sign must be set back at least 15 feet, with a
maximum height of 12 feet. Pole-style ground signs are conditional
uses in VCC and RSC Commercial Districts.
[Amended 4-3-2006 by Ord. No. 2006-2]
(4) Combination of signs. A combination of no more than
two sign types is allowable (wall sign, projected sign or ground sign)
on any street frontage for any one business establishment. Each sign
must meet the requirements for the individual sign type.
(5) Distance. All signs must advertise, promote or represent
only establishments, goods or services located or sold or manufactured
within 100 feet and which share the same lot as the sign that advertises
them.
(6) Fluctuating signs.
[Added 5-6-2019 by Ord. No. 2019-02]
D. Signs allowed in residential areas upon issuance of
a sign permit (VR, RD and WD).
(1) Subdivision identification signs. For residential
subdivisions consisting of more than four residential units, no more
than one ground sign/neighborhood identification sign per development
entrance will be permitted. Each sign must not exceed 16 square feet
or five feet in height from the finished grade. The sign must be set
back at least five feet from the property line.
(2) Signs appurtenant to residential conditional uses.
Commercial uses in a residential district that have been reviewed
and approved through the conditional use process, for example, home
occupations, shall be permitted one wall sign that shall not exceed
four square feet in area. Ground signs and projected signs are not
allowed in residential areas unless they are temporary and meet the
requirements of the following subsection.
(3) Temporary signs. Temporary signs that exceed six square
feet in total area and, if freestanding, stand more than five feet
above grade require a sign permit. No more than one such sign is allowed
per street frontage, and that sign must be located within the setback.
E. Requirements for all districts. Signs must not mimic
the shape, size, form or color of railroad or traffic signs. Signs
must not obstruct or interfere with the effectiveness of railroad
or traffic signs. No sign shall be erected, relocated or maintained
so as to prevent free ingress or egress from any door, window or fire
escape, and no sign shall be attached to a standpipe or fire escape.
No sign shall be placed so as to obstruct or interfere with traffic
visibility.
F. Application for sign permit. An application for a
sign permit must be submitted to the Zoning Administrator at the Village
Hall. The application must contain sufficient information and plans
to permit review pursuant to this chapter, including but not limited
to building elevations; photographs; proposed locations of signs on
building elevations; sign design layout showing the number, font style
and dimensions of all signs; and a site plan showing the proposed
location of all signs.
G. Sign maintenance. All signs must be continuously maintained
in a state of security, safety and repair. If any sign is found not
to be so maintained or is in need of repair, it shall be the duty
of the owner and the occupant of the premises to repair or remove
the sign within 10 days after receiving written notice from the Zoning
Administrator. If the sign is not repaired or removed, the Zoning
Administrator may have the sign removed at the expense of the owner
of the premises.
H. Nonconforming signs.
(1) All signs which were legally permitted prior to adoption
of this chapter are considered legal, permitted signs under this chapter.
If nonconforming, however, such signs may not be:
(a)
Replaced, except with a conforming sign.
(b)
Changed in copy (except signs specifically designed
to allow copy change).
(c)
Structurally altered to extend the life of the
sign.
(d)
Expanded, moved or relocated.
(2) No legal, nonconforming sign may be altered or enlarged
in any way which increases its nonconformity. Any existing signage
may be altered to reduce its nonconformity.
(3) Any lot with a nonconforming sign may not add additional
signage until all signs on the lot are brought into conformance with
this chapter.
H1. Off-premises business directional
signs.
[Added 2-2-2009 by Ord. No. 2009-01; amended 6-4-2012 by Ord. No. 2012-02]
A. Definition. An off-premises business directional sign shall identify
a business and will be for directional purpose only, not to promote.
The arrow will point in the direction of the location of the business
or governmental entity.
B. Location(s):
(1)
The Village Board approved the following location(s) for off-premises
signs:
(a)
Highway 46 North Boat Landing.
(b)
Four Corners (Polk County Government Center).
(c)
Main Street and County Road I East.
(2)
The signs will be attached to a green steel post at the approved
locations.
C. Sign permit. The business or governmental entity will submit an application
for the sign permit. The Village Board shall review all submitted
applications for approval. The cost of the sign will be paid for by
the business or governmental entity.
D. Sign requirements.
(1)
Each business/governmental entity shall be required to obtain
an approved sign permit for each single sign.
(2)
All signs under this section shall comply with §
300-22A and
E and all state, county and local signage laws.
(3)
Each business/governmental entity may have one business/governmental
directional sign per location, with one listed business/governmental
entity per sign.
(4)
All business/governmental entity directional signs shall be
purchased through the Chamber of Commerce for uniform consistency.
The signs shall be constructed of nautical blue aluminum and will
be six inches wide and 36 inches long, with silver raised polished
metal block letters in the shape of a canoe paddle.
I. Violations and penalties.
(1) Failure to comply with this chapter after being notified
in writing by the Zoning Administrator will result in any or all of
the following actions by the Zoning Administrator or any authorized
Village official on behalf of the Village:
(a)
Maintain a civil action to prevent an unlawful
sign use from occurring, to prevent its continuance or to restrain,
correct, or abate any violation of the sign regulations.
(b)
Directly issue and/or submit to the proper court
for filing and processing an appropriate complaint charging a violation
of this chapter.
(2) Any person owning, leasing, erecting or controlling any sign in violation of the provisions of this chapter shall be subject to a penalty as provided in §
300-34 of this chapter. Each day that the violation exists shall constitute a separate offense.
[Amended 4-3-2006 by Ord. No. 2006-2]
Planned unit developments (PUDs) are considered
a conditional use in the Village Residential, Rural Development and
Waterfront Development Districts. A successful applicant for a conditional
use permit (CUP) for a PUD may be allowed to modify the lot size,
setback and yard requirements of the district in which the development
falls. All other district requirements shall be complied with, as
well as any fire, building or electrical codes and applicable subdivision
regulations. Submission and procedural requirements for consideration of a PUD are found in §
300-31.
A. PUDs of the following nature are allowed in these
districts:
(1) Village Residential.
(a)
One-family, two-family, multifamily and condominium
PUDs.
(2) Waterfront Development.
(a)
One-family, two-family and condominium PUDs.
(3) Rural Development.
(a)
One-family, two-family, multifamily and condominium
PUDs.
(b)
Cluster, open space residential development
(considered a special PUD).
B. In order for a CUP to be awarded to the developer
of a PUD, the following performance standards must be met:
(1) The tract to be developed must be least 10 acres if
the PUD proposes one-family or two-family dwellings or at least five
acres if the PUD proposes condominiums or multifamily dwellings. Cluster,
open space residential development requires a minimum of four acres.
(2) The tract to be developed must be under single or
corporate ownership.
(3) The district regulations for building height and overall
density must be met.
(a)
Village Residential. Height: 35 feet maximum;
four dwelling units per acre maximum.
(b)
Waterfront Development. Height: 35 feet maximum;
1.5 dwelling units per acre maximum.
(c)
Rural Development. Height: 35 feet maximum;
three dwelling units per acre for sewered lots and 0.5 dwelling unit
per acre for nonsewered lots.
(4) A certificate attested by the Village Engineer showing
the availability of adequate sewer and water is present.
(5) A certificate attested by the Village Engineer showing
the suitability of the site for private septic and well.
(6) Adequate draining of the site is achieved while environmental
disturbance is minimized.
(7) Traffic circulation and functional needs are met.
(8) Vehicular circulation pattern is pedestrian friendly.
(9) Design of open space and its relationship to housing
is able to provide easy access while maintaining privacy.
(10)
No structure containing a residential unit can
be more than 200 feet from where a fire truck can be operated.
(11)
Adequate exterior lighting is provided.
(12)
Adequate trees and shrubs are provided where
not currently existing.
(13)
Evidence that the applicant has bonded to a
contractor to provide the improvements indicated in the plan.
(14)
For one-family, two-family or condominium developments,
evidence must be shown that adequate deed restrictions are present
to ensure the proper maintenance, care and preservation of any common
areas. These common areas might include, but may not be limited to,
common green space/open space areas, trails, structures, facilities,
and utilities. These arrangements must be shown to hold through the
deeds of the original owners and all subsequent owners of property
within the development.
(15)
For a multifamily PUD, the property owner/developer
must provide evidence that the recreational/green space/open space
has been deeded to the Village or has a covenant binding on all future
ownership.
C. In reviewing sketch plans, preliminary plans or final
plans, the Village Board and Planning Commission may seek technical
assistance from such resources as they deem necessary. Any modifications
to the final plan shall be made only by agreement between the developer
and the Village.
D. Zero lot line or common wall single-family-unit PUDs.
For all attached zero lot line or common wall construction single-family,
duplex or townhouse dwellings allowed in a PUD, the following requirements
apply:
|
|
Yard Setbacks
(feet)
|
|
---|
|
Lots
|
Front
|
Rear
|
|
|
---|
Zero Lot Line or Common Wall
Construction
|
Width
(feet)
|
Area
(square feet)
|
Min.
|
Max.
|
Min.
|
Max.
|
Side
|
Height
(feet)
|
---|
|
40 minimum
|
6,000 minimum per unit
|
20
|
na
|
20
|
na
|
0 onone side and 6 on the other side;
if on a corner lot a minimum of 12
|
Maximum 35
|
(1) Garages: one private garage with up to two stalls
per dwelling unit, not exceeding 312 square feet per stall.
(2) Percent of lot coverage: must be consistent with requirement
of the district.
(3) Floor area per dwelling unit: minimum 840 square feet
per dwelling unit.
(4) Construction requirements. For all attached zero lot
line or common wall construction duplexes and townhouses containing
single-family dwellings, each unit shall have separate sewer and water
lateral connections. The size, type and installation proposed to be
constructed shall be in accordance with the plans and specifications
approved by the Village Board, following a recommendation from the
Planning Commission. A minimum one-hour fire-rated wall assembly division,
separating living areas from the lowest level to flush against the
underside of the roof, is required between each dwelling unit.
Cluster residential development is a conditional
use permitted and encouraged in the Rural Development Zoning District.
Residential development designed to meet the cluster development standards
is intended to preserve the beauty, utility and character of the Balsam
Lake area, which is defined by its open spaces, farmland, natural
resources and topographic patterns. A successful recipient of a CUP
allowing cluster development may be allowed to modify the lot size,
setback and yard requirements of the Rural Development District. Limitations
to these modifications are described below. All other district requirements
shall be complied with as well as any fire, building or electrical
codes and applicable subdivision regulations.
A. Cluster development is encouraged in the Rural Development
District because it:
(3) Protects wildlife habitats.
(4) Retains natural vegetative buffers around water bodies
or wetlands and along watercourses.
(5) Preserves historic sites.
(6) Provides recreational areas within preserved natural
areas.
(7) Provides effective pedestrian circulation, including
trail systems.
(8) Ensures that the common land abuts protected open
space on adjoining parcels, where it exists.
B. Submission and procedural requirements for consideration of a cluster development are found in §
300-31. Any additional submission and procedural requirements are outlined below.
(1) Green space requirements. No less than 70% of each
individual parcel should be maintained in green space.
(2) Impervious surface requirements. No more than 30%
of each individual parcel within the cluster development may be an
impervious surface. Impervious surfaces include paved areas, the footprints
of both primary and accessory buildings and driveways.
(3) Density requirements.
(a)
One-family dwelling units and duplexes are allowed
in cluster residential developments within the Rural Development District.
A maximum density of three dwelling units per acre is allowed on any
individual parcel within the cluster development. The cluster subdivision
must consist of at least four acres unless the cluster development
is found by the Planning Commission to be a logical extension of an
existing or approved cluster development, in which case fewer dwelling
units and acreage may be considered.
(b)
The density requirement for conventional, unsewered
lot development (0.5 dwelling unit per acre) applies in determining
the number of dwelling units allowed in a cluster residential development.
To encourage the preservation of open space as a result of clustered,
open space residential development, the Village will allow a twenty-percent
density bonus if the developer meets or exceeds the cluster development
standards:
|
Example:
|
9 acres in total
Allowable density = 0.5 du/acre
9 x 0.5 = 4 allowed du
4 x 20% = 0.8 = 1 bonus du
Total du = 5 du
|
|
Example:
|
50 acres
Allowable density = 0.5 du/acre
50 x 0.5 = 25 allowed du
25 x 25% = 5 bonus du
Total du = 30 du
|
(4) Yard and lot requirements. The following guidelines
apply:
|
Lots
|
Yard Setbacks
(feet)
|
|
---|
Rural Development
(RD)
|
Width
(feet)
|
Area
|
Front Minimum
|
Rear Minimum
|
Side Minimum
|
Height
(feet)
|
---|
Clustered, open space development
|
70 to 150
|
1/2 acre to 1 acre
|
15
|
30
|
10
|
35 maximum
|
Lots not served by public sewer
|
|
|
|
|
|
|
(5) Minimum percentage of open space. The minimum percentage
of land that shall be designated as permanent open space, not to be
further subdivided, and protected through conservation easement held
by a recognized land trust or conservancy is as follows:
(a)
A minimum of 50% of the total tract area, after
the following kinds of unbuildable land have been set aside:
[1]
Wetlands and land that is generally inundated.
[2]
All floodway and flood fringe within the one-hundred-year
floodplain as indicated on FEMA maps.
[3]
Land with slopes exceeding 25% or soils subject
to slumping.
[4]
Land required for street rights-of-way.
[5]
Land under permanent easement prohibiting future
development.
(b)
All lands dedicated to permanent open space
are restricted from further subdivision and development through a
permanent conservation easement, in a form acceptable to the Village
and duly recorded in the County Register of Deeds office.
(c)
At least 25% of the minimum required open space
must be suitable for active recreation purposes, but no more than
50% should be utilized for that purpose. The purposes for which open
space areas are proposed must be documented by the applicant.
(6) Location of open space. The location of open space
conserved through compact residential development should be consistent
with the policies contained in the Open Space, Recreation and Environmental
Resources Element of the Village Comprehensive Plan and its Proposed
Land Use Plan.
(7) Ownership of open space.
(a)
Public ownership. Cluster open space should
be made available for the use of all residents of the public unless
the Planning Commission finds that the size, location, type of development,
or cost of development or maintenance of such open space would make
public use undesirable or unnecessary.
(b)
Private ownership. If cluster open space is
not dedicated to public use, it must be protected by legal arrangements
satisfactory to the Planning Commission and sufficient to ensure its
maintenance and preservation. Covenants or other legal arrangements
must specify:
[1]
Ownership of the cluster open space.
[3]
Responsibility for maintenance.
[4]
Maintenance taxes and insurance.
[5]
Compulsory membership and compulsory assessment
provision.
[6]
Guarantees that any association formed to own
and maintain cluster open space will not be dissolved without the
consent of the Planning Commission.
[7]
Any other specification deemed necessary by
the Commission.
(8) Evaluation criteria. An approved plan for a clustered
development must provide for a total environment better than that
which could be achieved under standard regulations. If, in the opinion
of the Planning Commission, the proposed plan could be improved in
respect to the criteria listed below, the plan must be modified or
denied. In responding to a proposed plan, the Planning Commission
will give particular consideration to the following criteria:
(a)
Individual lots, buildings, streets, and parking
areas must be designed and situated to minimize alteration of the
natural site features to be preserved.
(b)
The usability of cluster open space intended
for recreation or public use must be determined by the size, shape,
topographic and location requirements of the purpose proposed for
the site.
(c)
Cluster open space shall include irreplaceable
natural features located in the tract (such as, but not limited to,
streambeds, significant stands of trees, wetlands, individual trees
of significant size, and rock outcroppings).
(d)
Cluster open space intended for recreational
or public use must be easily accessible to pedestrians.
(e)
The suitability of cluster open space intended
for scenic value and purposes must be determined by its visibility
from a significant number of buildings or length of public or private
streets.
(f)
Diversity and originality in lot layout and
individual building design must be encouraged to achieve the best
possible relationship between development and the land.
(g)
Individual lots, buildings, and units shall
be arranged and situated to relate to surrounding properties to improve
the view from and the view of buildings and to lessen area devoted
to motor vehicle access.
(9) Approval for cluster development. No cluster development can be constructed except in accord with the final site plan approved by the Village Board following the process described in §
300-31.
The following standards must be met by a mobile home park development proposal prior to award of a conditional use permit (CUP). In the Village of Balsam Lake, the Rural Development District is the only district which may allow a mobile home park development. The minimum acreage required for consideration of a mobile home park development is 10 acres. Submission and procedural requirements for consideration of a mobile home park are found in §
300-31.
A. Height, area and setback.
|
Lots
|
Yard Setbacks
(feet)
|
|
---|
Mobile Home Lots
|
Width
(feet)
|
Area
(square feet)
|
Front Minimum
|
Rear Minimum
|
Side Minimum
|
Height
(feet)
|
---|
|
40 minimum (25 on cul-de-sac)
|
4,000 minimum
|
25
|
5
|
5
|
Minimum distance between structure
must be 10
|
B. Lot occupancy, parking and streets.
(1) Only one mobile home is permitted on any single mobile
home lot. An off-street parking area that is at least 360 square feet
must be provided for each mobile home lot.
(2) Each mobile home lot shall abut and have access to
a street. The street must be constructed of at least two inches of
bituminous surface material on at least four inches of suitable base
material.
C. Utilities.
(1) Water facilities and sewage disposal shall be installed
and maintained by the owner of the mobile home or by the homeowners'
association of the mobile home park unless the Village accepts ownership.
Such facilities must be constructed in accordance with state laws,
the recommendations of the State Department of Health and Family Services
and ordinances of the Village.
(2) All water systems within the mobile home park must
be flushed twice each year. The annual period commences on July 1
of each year. The owner of the mobile home park, or a representative,
must contact the Village Water Utility to schedule a time for the
flushing of the system.
(3) All utility lines within the mobile home park must
be buried.
(4) Fire hydrants must be placed throughout the mobile
home park per the requirements of the State Fire Marshal.
D. Recreation areas. At least 5% of the total area of
the mobile home park must be devoted to park and recreation purposes.
E. Construction standards. All mobile homes in the mobile
home park must have been constructed to the requirements of the Mobile
Home Building Code.
All manufactured homes located in any residentially
zoned district shall be supported by a permanent enclosed foundation
constructed to standards as outlined in the Permanent Foundations
Guide for Manufactured Housing (HUD 0007487) with the additions, insertions,
deletions and changes, if any, as prescribed below:
A. Placement of manufactured homes without United States
Department of Housing and Urban Development (HUD) approval shall require
special approval of the Village Board, but under no circumstances
shall an unapproved home serve as a year-round dwelling.
B. A manufactured home may be placed on a permanent foundation
meeting the requirements of Ch. COMM 22 of the Wisconsin Uniform Dwelling
Code if the home is constructed for such placement.
(1)
A manufactured home may be placed on a permanent
foundation meeting the requirements of Ch. COMM 22 of the Wisconsin
Uniform Dwelling Code if the home is constructed for such placement.
(2)
A manufactured home placed in a manufactured home park shall be governed by Chapter
210, Mobile Homes and Mobile Home Parks.
(3)
The Building Inspector may waive the requirement
for a design professional.
The purpose of this section is to prevent and
control water pollution; to protect spawning grounds, fish and aquatic
life; and to preserve shore cover and natural beauty. The provisions
of this section apply to the shorelands of all navigable waters in
the Village.
A. Building setbacks from the water. Reference the requirements of §
300-7, Waterfront Development.
B. Landscape maintenance at shoreline of private property. Reference the requirements of §
300-7, Waterfront Development.
C. Sewage disposal facilities. The seepage pits and soil
absorption field will be set back at least 50 feet from the ordinary
high-water elevation (OHWM). The Zoning Administrator, with the Department
of Natural Resources (DNR), shall determine the OHWM where not yet
established. The Zoning Administrator will also determine that the
design, location and construction of private sewage disposal facilities
are in compliance with the Village Code requirements.
D. Filling, grading and lagooning.
(1) "Wetland," for the purpose of this section, is defined
as an area where groundwater is at or near the surface a substantial
part of the year.
(2) A conditional use permit (CUP) shall be required for
any filling or grading of the following:
(a)
Any bed of a navigable body of water. In addition
to the CUP, a permit will be required from the DNR or any other state
agency having jurisdiction under §§ 30.11 and 30.12,
Wis. Stats.
(b)
Any area within 300 feet of horizontal distance
from a navigable body of water and that has surface drainage toward
the water and requires filling or grading:
[1]
On slopes of 20% or more.
[2]
Of greater than 1,000 square feet on slopes
of 12% to 20%.
[3]
Of greater than 2,000 square feet on slopes
of 12% or less.
[4]
Of greater than 500 square feet of any wetland
contiguous to the water.
(3) A CUP will be required before constructing or commencing
work on any artificial waterway, canal ditch, lagoon, pond, lake or
similar waterway which is within 500 feet of the OHWM on any navigable
body of water or where the purpose is the ultimate connection with
a navigable body of water. Soil conservation practices used for sediment
retardation are an exception and do not require a CUP.
(4) In granting a CUP for filling or grading, the Planning
Commission may attach the following additional conditions:
(a)
The amount of exposed earth and the length of
exposure shall be minimized.
(b)
Permanent ground cover, such as sod, shall be
installed and preceded by temporary ground cover such as mulch.
(c)
Methods to trap sediment shall be employed.
(d)
Dredging must reach a firm bottom prior to filling.
(e)
Dredging shall avoid fish trap conditions.
(f)
Fill is stabilized according to acceptable engineering
standards.
(g)
Fill shall not restrict a floodway or destroy
the storage capacity of a floodplain.
(h)
Walls of a channel or artificial watercourse
shall be stabilized to prevent slumping.
(i)
Sides of channels or artificial watercourses
shall be constructed with side slopes of 1:2 (rise to run) or less,
unless vertical bulkheading is provided.