Village of Balsam Lake, WI Zoning District Regulations

The boundaries of the zoning districts are indicated on the Official Zoning Map of the Village. The Official Zoning Map and copies of this chapter will be available for public inspection in the Village Hall. The Map will be certified by the Village President and attested by the Village Clerk-Treasurer.

(2)

Any changes in zoning district boundaries shall be recorded on the Map. No change will take effect until recorded and until a certified and attested certificate describing the change is filed with a modified version of the Map.

Boundaries.

(1)

Zoning district boundaries are consistent with:

(a)

Property lot lines;

(b)

Center line of alleys; or

(c)

Center line of streets.

(2)

In areas without lot lines and streets, a scale should be used to locate the zoning district boundary from the nearest lot line, street or other known point.

Vacation. Vacation of public streets and alleys shall cause the land vacated to be automatically placed in the same district as the abutting side to which the vacated land reverts.

Annexations and consolidations. Annexations to or consolidations with the Village subsequent to the effective date of this chapter shall be placed in the RD Rural Development District. Within 90 days, the Planning Commission shall evaluate and recommend a permanent district classification to the Village Board.

The following zoning districts are established and described in detail:

	Residential Districts
	Village Residential (VR)
	Waterfront Development (WD)
	Rural Development (RD)

	Commercial Districts
	Village Center Commercial (VCC)
	Residential-Scale Commercial (RSC)
	Highway Commercial (HC)

	Industrial District
	Industrial (I)

	Conservancy District
	Conservancy (C)

§ 300-6 Village Residential (VR).

The purpose of the Village Residential designation is to preserve the character of the existing, traditional neighborhoods by addressing the density, scale and architectural character of any proposed infill development or of changes associated with the conversion of uses. The standards for this district are designed to create opportunity for neighborhood-oriented mixed-use development and for the development of housing to accommodate a variety of ages and economic status. Also see Article III, Special Development Standards.

Permitted uses.

(1)

One-family dwellings and their accessory use.

(2)

Parks, greenways and open spaces.

Playgrounds.

Utility lines.

Pumping stations.

Churches.

Conditional uses.

(1)

Planned unit developments (PUDs) (one-family, two-family, multifamily or condominium).

(2)

Two-family dwellings and their accessory use (duplexes, condominiums, or townhouses).

(3)

Neighborhood-oriented retail.

(4)

Government and community service buildings.

Home occupations.

Nursery schools.

Swimming pools.

Beaches.

Bed-and-breakfast inns.

Cemeteries.

Museums.

Nursing homes.

Group homes.

Public and private schools.

(15)

Garage or storage structure that does not share the lot with the building or use to which it is an accessory.

(16)

Wood-frame, pole-type accessory building.

(17)

Other uses similar to those permitted or listed conditionally that do not adversely impact the aesthetics or environment of the surrounding neighborhood or the value of nearby properties.

Green space requirements. No less than 70% of each individual parcel should be maintained in green space.

Impervious surface requirements. No more than 30% of each individual parcel within this district may be an impervious surface. Impervious surfaces include paved areas, the footprints of both primary and accessory buildings and driveways.

Density requirements.

(1)

To reflect the existing pattern of development, a maximum of four dwelling units per acre is reserved.

(2)

Multifamily and condominium developments conditionally permitted in the Village Residential District must meet the green space and impervious surface requirements (70%/30%). At the discretion of the Village and according to the conditional use permitting process, a variance in the density requirement, lot size and yards may be considered.

Village design standards for residential development.

(1)

Core living area: 20 feet by 20 feet minimum.

(2)

Exterior wall coverings: aluminum, steel, vinyl, wood or simulated wood, brick or stone.

(3)

A permanent foundation must be constructed that meets the requirements of the State Uniform Dwelling Code. It must completely enclose the space between the siding and finished grade around the entire perimeter of the residence. The residence must be permanently fixed to the foundation. Decks are exempt from this requirement.

(4)

Manufactured homes must have the running gear and towing hitch removed, and the system for anchoring the structure to the foundation must be totally concealed below the structure.

(5)

All residences must be constructed pursuant to a building permit and subject to all required inspections. This is to ensure that all on-site work is constructed to minimum standards and that the on-site assembly associated with a manufactured home is in compliance with standards regulating anchoring of the structure to its foundation and other building requirements.

(6)

All buildings that are newly constructed or altered must comply with Chapter 122, Building Construction and Fire Prevention, of this Code and with all erosion control requirements of the State Uniform Dwelling Code.

(7)

All residences must comply with applicable requirements of the zoning district in which the residence is located.

Height, area and setback.

	Lots		Yard Setbacks (feet)
Village Residential (VR)	Width (feet)	Area	Front Minimum	Rear Minimum	Side Minimum	Height
1- and 2-family dwellings	100 minimum	10,000 square feet minimum	25	25	10	35 feet maximum
On cul-de-sac or curve	45 minimum, however the width at the building setback line must be at least 60	same	same	same	same	same
Multifamily dwellings (3+)	Variable and conditional	Variable and conditional	25	25	10	2.5 stories not to exceed 35 feet

§ 300-7 Waterfront Development (WD).

The purpose of the Waterfront Development designation is to allow waterfront-oriented uses to develop in a manner sensitive to the natural resources that characterize the Balsam Lake shoreline, such as water quality, shoreland habitats and shoreland vegetation. See also § 300-29, Protection of shoreland and watercourses, and Article III, Special Development Standards.

Permitted uses.

(1)

One-family dwelling with accessory structures.

(2)

Two-family dwelling with accessory structures (duplexes, condominiums, and townhouses).

(3)

Parks, greenways and open spaces.

(4)

Playgrounds.

(5)

Beaches.

(6)

Utility transmission lines.

(7)

Pumping stations.

(8)

Churches.

(9)

Swimming pools.

Conditional uses.

(1)

PUDs (one-family, two-family or condominium).

Resorts.

Boat liveries.

Marinas.

Bait stations.

Campgrounds/recreational vehicle (RV) parks.

Home occupations.

Golf courses.

Restaurants.

Taverns.

Motels.

Group homes.

Public and private schools.

(14)

Private clubs, fraternities and lodges.

(15)

Garage or storage structure that does not share the lot with the building or use to which it is an accessory.

(16)

Wood-frame, pole-type accessory building.

(17)

Other uses similar to those permitted or listed conditionally that do not adversely impact the aesthetics or environment of the surrounding neighborhood or the value of nearby properties.

Green space requirements. No less than 70% of each individual parcel should be maintained in green space.

Density requirements.

(1)

To reflect the existing pattern for waterfront development on Balsam Lake, a maximum density of 1.5 dwelling units per acre is required.

(2)

PUDs conditionally permitted in the Waterfront Development District must meet the green space and impervious surface requirements (70%/30%). At the discretion of the Village and according to the conditional use permitting process, a variance in the density requirement, lot size and yards will be considered.

Village design standards. Only residences that comply with § 300-6F, Village zoning district regulations for Residential Development, will be allowed in the Waterfront Development District, unless eligible for consideration as a conditional use.

Height, area, and setback.

	Lots		Yard Setbacks (feet)
Waterfront Development (WD)	Width (feet)	Area (square feet)	Rear Street Side	Front Waterside Minimum	Side Waterside Minimum	Height (feet)
1- and 2-family dwellings	100 minimum	12,150 minimum (lots served by public sewer)	25	75 from OHWM*	10	35 maximum
		20,000 minimum (lots not served by public sewer)
On cul-de-sac or curve	45 minimum, however the width at the building setback line must be at least 60	same	same	same	same	same

NOTES:
*OHWM means "ordinary high-water mark."

Setback exceptions.

(1)

A lesser setback may be permitted by the Zoning Board of Appeals if there is at least one main building within 200 feet on either side of the applicant's lot that is built to less than the required setback. In such a case, the setback shall be the average of the setbacks of the nearest main building on each side of the proposed site. If there is only one main building nearby, the setback shall be the average of the required setback and the lesser setback of the neighboring building. In no event shall a reduced setback be allowed closer than 40 feet to the ordinary high-water mark.

(2)

For preexisting structures located within the applicable setback areas, the following will apply:

[Added 4-3-2006 by Ord. No. 2006-2]

(a)

Preexisting nonconforming accessory structures. All preexisting structures and buildings are limited to ordinary maintenance only (no expansion).

(b)

Preexisting dwellings. The following shall apply to preexisting dwellings:

[1]

Preexisting dwellings less than 40 feet from the ordinary high-water mark (OHWM) are permitted ordinary maintenance and repair. Such structure may be improved and expanded provided that:

[a]

The maximum size of the dwelling shall not exceed a footprint of 700 square feet, including an attached garage.

[Amended 3-3-2008 by Ord. No. 2008-05]

[b]

The maximum height of the dwelling shall not exceed 26 feet.

[c]

Additions to the building footprint must be located on the landward side of the dwelling.

[d]

The lot shall meet green space requirements.

[e]

Such limited expansion or improvement requires approval of the Zoning Board of Appeals.

[2]

Preexisting dwellings 40 to 75 feet from the OHWM are permitted ordinary maintenance and repair. Such structure may be improved and expanded provided that:

[a]

The maximum size of the dwelling shall not exceed a footprint of 1,100 square feet, including an attached garage.

[Amended 3-3-2008 by Ord. No. 2008-05]

[b]

The maximum height of the dwelling shall not exceed 26 feet.

[c]

Additions to the footprint must be located on the landward side of the dwelling.

[d]

The lot shall meet green space requirements.

[e]

Such limited expansion or improvement requires approval by the Zoning Board of Appeals.

Boathouses. Boathouses will be set back at least 10 feet from the ordinary high-water mark (OHWM) and shall not be used for human habitation. Height shall not exceed 10 feet. Railings may be placed on top of the boathouse in excess of 10 feet in height provided the railing is not solid in appearance and not greater than 3.5 feet in height. The dimensions of the boathouse cannot exceed 14 feet wide and 24 feet in length. Boathouses shall not be established where the existing slope is more than 20%.

Private access strip development. Any lot created to provide lake access shall meet the following requirements:

(1)

Such access strip must be a minimum of 50 feet in width for its entire depth.

(2)

No private access strip may serve more than five single-family dwellings.

(3)

No camping or RV parking is allowed on such access strip.

(4)

No structures are allowed on such access strip.

(5)

Private access strips must be at least 1,000 feet apart.

(6)

The private access strip must meet the requirements of Subsections C and D.

§ 300-8 Rural Development (RD).

The purpose of the Rural Development District designation is to allow environmentally sensitive residential development to occur while maximizing the conservation of farmland, woodland and natural features which contribute significantly to the character of Balsam Lake. See also Article III, Special Development Standards.

Permitted uses.

[Added 4-3-2006 by Ord. No. 2006-2]

(1)

One-family dwelling and accessory use.

(2)

Two-family dwelling and accessory use (duplexes, townhouses and condominiums).

(3)

Parks, greenways and open spaces.

(4)

Agriculture and general farming, except farms feeding offal or garbage.

(5)

Pumping stations.

Conditional uses.

(1)

One- and two-family clustered residential development.

(2)

PUDs (one-family, two-family, multifamily and condominium).

(3)

Mobile home parks.

(4)

Courthouses, jails and related structures.

(5)

Government service functions and structures.

Churches.

Private stables.

Cemeteries.

Campgrounds/RV parks.

Resorts.

Swimming pools.

Day-care centers.

Group homes.

Home occupations.

Golf courses and driving ranges.

(16)

Garage or storage structure that does not share the lot with the building or use to which it is an accessory.

(17)

Wood-frame, pole-type accessory building.

(18)

Other uses similar to those permitted or listed conditionally that do not adversely impact the aesthetics or environment of the surrounding neighborhood or the value of nearby properties.

Green space requirements. On lots not serviced by municipal sewer and water, no less than 85% of each individual parcel must be maintained as green space. On lots with municipal sewer and water service, no less than 70% of each individual parcel must be maintained as green space.

Impervious surface requirements. On lots not serviced by municipal sewer and water, no more than 15% of each individual parcel may be an impervious surface. On lots with municipal sewer and water service, not more than 30% of each individual parcel may be an impervious surface. Impervious surfaces include paved areas, the footprints of both primary and accessory buildings and driveways.

Density requirements. On lots not serviced by municipal sewer and water, a maximum density of 0.5 dwelling units per acre is allowed. On lots serviced by municipal sewer and water, a maximum density of three dwelling units per acre is allowed.

Village design standards. Only residences that comply with § 300-6F, Village design standards for residential development, will be allowed in the Rural Development District, unless eligible for consideration as a conditional use.

Height, area and setback.

	Lots		Yard Setbacks (feet)
Rural Development (RD)	Width (feet)	Area	Front Minimum	Rear Minimum	Side Minimum	Height (feet)
Conventional lot development
Lots not served by public sewer	300 minimum	2 acres minimum	100	75	75	35 maximum
Lots served by public sewer	100 minimum	14,000 square feet minimum	25	25	10	35 maximum
On cul-de-sac or curve	45 minimum, however the width at the building setback line must be at least 60	same	same	same	same	same

Clustered residential development. See § 300-26 for cluster development standards.

§ 300-9 Village Center Commercial (VCC).

The purpose of the Village Center Commercial District designation is to allow a mix of commercial, civic and residential uses and to encourage development at a scale, size, color, and intensity consistent with the existing Village center setting. Uses permitted in the Village Center Commercial District should be people oriented, providing personal services, general or specialized retail shopping, entertainment, a civic or community function or a professional service. See also Article III, Special Development Standards.

Permitted uses.

(1)

Personal service.

(a)

Barbershops and beauty parlors.

(b)

Appliance sales and repairs.

(c)

Coin-operated laundry.

General retail.

Hardware stores.

Furniture stores.

Grocery stores.

Supermarkets.

Retail bakeries.

Drugstores.

Fruit stores.

Dry goods stores.

Variety stores.

Entertainment.

Taverns and cocktail lounges.

(b)

Eating establishments.

(c)

Hotels and lodging houses.

Theaters.

Recreation halls.

Museums.

Specialized retail.

Luggage shops.

Stationery shops.

Pet stores.

Clothing stores.

Jewelry stores.

Shoe stores.

Sporting goods.

Packaged beverage stores.

(i)

Department stores.

(j)

Gift shops.

(k)

Tobacco and magazine stores.

(l)

Music shops.

(5)

Business or professional offices or services.

(a)

Funeral parlors.

(b)

Personal and business service establishments.

(c)

Professional offices.

(d)

Organization headquarters.

(e)

Newspaper and magazine publishers.

(f)

Insurance stores.

(g)

Savings and loan and finance companies and drive-up banking.

[Amended 4-12-2010 by Ord. No. 2010-03]

(h)

Medical and dental offices.

Civic and community.

Post office.

Village park.

Library.

Residential (refer to § 300-15, Parking requirements).

(a)

Upper-story residences/apartments.

Conditional uses.

(1)

Any structure whose Main Street facade exceeds 75 feet in length.

(2)

Government service and function.

Parking area.

Church.

Wholesale outlet.

Secondhand store.

Professional laundry/dry cleaning.

(8)

Contractor's office.

(9)

Nursery school.

(10)

Wood-frame, pole-type accessory building.

(11)

(Reserved)[1]

[1]

Editor's Note: Former Subsection B(11), regarding drive-up banking, was deleted pursuant to Ord. No. 2010-03, adopted 4-12-2010.

Gas stations.

Automobile repair.

Car washes.

Bowling alley.

Other uses similar to those permitted or listed conditionally that do not adversely impact the aesthetics or environment of the surrounding businesses or the value of nearby properties.

Prohibited uses.

Automobile sales.

Building supplies.

Storage facilities.

Outdoor amusement.

Motels

Residential use at street level.

(7)

Tavern or eating establishment featuring partially or fully nude dancing/stripping.

Building module requirement. New buildings whose Main Street frontage is proposed to exceed 50 feet in width should express a building module at twenty- to thirty-foot intervals. This requirement does not apply to side and rear facades.

Exceptions to height standards. The eighteen-foot minimum building height standard must be met on the Main Street frontage. A structure whose actual roof height is less than 18 feet but whose parapet along the Main Street frontage meets or exceeds the eighteen-foot minimum will be allowed. This requirement is intended to preserve the height-to-width ratio and typical building height prevalent on Main Street currently.

Height, area and setback.

	Lots		Yard Setbacks (feet)
Village Center Commercial (VCC)	Width (feet)	Area (square feet)	Front Minimum	Rear Minimum	Side Minimum	Height (feet)
Main Street development	25 to 100	15,000 minimum	0	25	2	18 minimum; 25 maximum

General building requirements.

[Added 9-4-2012 by Ord. No. 2012-05]

(1)

Purpose. The purpose of this subsection is to establish general performance standards for development within the Village Center Commercial District. These standards are intended and designed to assure compatibility of uses; to prevent urban blight, deterioration, and decay; and to enhance the health, safety, and general welfare of the residents of the community.

(2)

Building. These requirements are intended to encourage a variety of architectural styles. However, basic harmony should prevail so that no one structure detracts from the attractiveness of the overall environment. The Planning Commission and the Village Board shall review building design in order to ensure architectural compatibility and integrity.

(3)

Building exteriors.

(a)

The design and appearance of the front, side or rear building walls that face a primary street or adjacent street are subject to Planning Commission and Village Board approval.

(b)

An exterior building wall (front, side or rear) shall be constructed of one or more of the materials listed below:

Brick and masonry.

Natural stone.

Glass curtain walls.

Stone and glass curtain walls.

Stucco.

Fiber cement.

Architectural metal.

Wood (drop siding, shiplap, tongue and grooved, log milled with curve).

[9]

Other material approved by the Planning Commission and the Village Board, in writing.

(c)

Colors, materials, finishes and building form shall be consistent on the walls not facing an adjacent street and should be coordinated with the colors, materials, finishes and building form specified for the walls facing adjacent streets.

(d)

The cap or cornice of the building shall be made of brick, wood, metal, or other materials that are consistent with the colors and materials used on the rest of the walls.

(e)

The side of the building with the main entrance (the front of the building) shall be composed of display windows covering over 25% of the surface area of such wall. Such windows shall be unframed by piers. The front shall also consist of an entry door and bulkhead.

(4)

Mechanical equipment. All mechanical equipment shall be enclosed or screened from view. Roof-mounted equipment shall be integrated into the design of the structure, enclosed or screened.

(5)

Construction. Construction shall commence within one year of plan approval or in accordance with a development agreement, if one exists between the developer and the Village. No site plan approval by the Planning Commission or the Village Board shall be valid for more than 12 months from the date of approval unless a building permit is obtained and development in accordance with such site plan is commenced within such period. The provisions of this subsection shall apply unless otherwise agreed to by the Village Board.

(6)

Maintenance. The exterior walls and roofing of buildings and all fences and screening shall be maintained in a clean, orderly, and attractive condition, free of cracks, dents, punctures, breakage, and other forms of visible marring. Materials that become excessively faded, chalked, or cracked must be refinished, repaired, or repainted within 60 days following receipt of written notice from the Zoning Administrator.

Landscape plan requirements.

[Added 9-4-2012 by Ord. No. 2012-05]

(1)

Two copies of the proposed landscape plan shall be submitted with the site plan.

(2)

The proposed landscape plan should supplement the submission material described in § 300-30, Zoning permits for permitted uses, and § 300-31, Zoning permits for conditional uses, and shall contain the following information:

(a)

The location and dimensions of all proposed open space areas.

(b)

Identification of all proposed vegetation and quantities thereof.

(c)

Accurately scaled construction details of proposed landscape elements (berms, fences, retaining walls, planter boxes, etc.) that include material specifications.

(d)

The accurate location and scale of all proposed structures, storage areas, parking areas, sidewalks, fire lanes, and trail corridors.

(3)

Vision corner restriction. No plantings or vegetation exceeding 30 inches in height shall be located within a thirty-foot radius of the lot corner nearest the intersection of two public roads or from the intersection of a private driveway or easement and a public road.

Lighting requirements.

[Added 9-4-2012 by Ord. No. 2012-05]

(1)

The Village Center Commercial District requires exterior lighting that will provide the basic needs of safety and security. Appropriate lighting shall be provided in order to delineate roads, drives, parking areas, pedestrianways, buildings, and other organizational points. Lighting shall be an integral part of the overall architectural design; therefore, proposed lighting, whether freestanding or building mounted, shall complement the architectural character of the principal use.

(2)

All lighting potentially visible from an adjacent street, except for bollard lighting less than 42 inches high, shall be indirect or shall incorporate a full cutoff, shield-type fixture. Lighting fixtures for parking areas, access drives, and internal vehicle circulation areas shall be a zero cutoff. Service area lighting shall be contained within the service yard's boundaries and enclosure walls.

Other design criteria.

[Added 9-4-2012 by Ord. No. 2012-05]

(1)

Roofs shall be flat or a low pitch having a slope from one degree to five degrees and it shall be hidden by a cornice. Roof runoff shall be on the back of the building.

(2)

The overall characteristic of the building, including materials, size, shape, color, windows and doors (including placements), shall be consistent with the design and character of surrounding buildings, and details from the original facade should be preserved.

(3)

Any decorative items on the facade shall be made of brick, stone, cast iron and sheet metal, wood, terra cotta or decorative glass and are subject to approval by the Planning Commission and Village Board.

(4)

Any signs shall comply with the Village's Sign Ordinance.

§ 300-10 Residential-Scale Commercial (RSC).

The purpose of the Residential-Scale Commercial zoning designation is to allow for the provision of personal services, general or specialized retail shopping, entertainment, or a professional service adjacent to a residential neighborhood while reflecting the traditional scale, proportions, rhythms and environment of the neighborhood structures. The standards, requirements and design guidelines associated with the RSC District are intended to prevent the intrusion of incompatible commercial uses and aesthetics into established residential areas. See also Article III, Special Development Standards. A significant municipal investment in public improvements has historically supported the downtown commercial environment, while a thriving downtown environment contributes significantly to a community' sense of identity. Special consideration should be given to downtown businesses and their ability to survive when considering conditional uses in the RSC District.

Permitted uses.

(1)

One-family or two-family residential.

(2)

Parks, greenways and open spaces.

(3)

Residential above ground-level commercial.

Conditional uses. A conditional use permit is required for any new commercial development and any change of use where the new use is commercial in nature. Allowable businesses are those listed as permitted uses or conditional uses in § 300-9, Village Center Commercial, unless specifically prohibited below. The design review necessary to award a conditional use permit will ensure compliance with the intent of the district requirements. A conditional use permit will not be awarded unless a commercial development proposal can demonstrate that it does not adversely impact the value of nearby properties or the character of the Village.

Prohibited uses.

(1)

Parking lot without the primary structure/use that it serves.

(2)

Drive-up banking.

(3)

Gas stations.

(4)

Automobile sales or repair.

Car washes.

Building supplies.

Storage facilities.

Outdoor amusement.

Motels

Bowling alley.

Taverns or cocktail lounges.

(12)

Eating establishments offering drive-through convenience.

(13)

Tavern or eating establishment featuring partially or fully nude dancing/stripping.

(14)

Other uses similar to those prohibited or which would adversely impact the aesthetics, environment or value of the surrounding residential neighborhood.

Residential buffer requirements. All developers of parking, service and rear access functions associated with a commercial use within the RSC District must install landscaping and/or fencing that buffers the view from any adjacent residentially occupied property.

Parking locations. Off-street parking lots shall be located to the rear or side of the RSC structures, accessible from side streets where possible. When access to parking can only be achieved from the main street, entries should not exceed 20 feet. Sharing of accessways by multiple businesses is encouraged. Entrances on the same side of the street must be separated from one another by at least 75 feet. Refer to § 300-15 for parking lot requirements.

Landscaped edge. In situations where the existing development is set back beyond 40 feet, trees and additional landscaping located on the boundary of the property should be incorporated to reduce the visual impact of parking areas and to reinforce the street edge.

Height, area and setback.

			Yard Setbacks
	Lots		Front		Rear		Side		Height
Residential-Scale Commercial (RSC)	Width (feet)	Area	Min.	Max.	Min.	Max.	Mini.	Max.	(feet)
	200 maximum	no limit	25	40	20	na
					30 minimum if adjacent to residential		20 minimum if adjacent to residential		18 minimum 25 maximum

Building types. Long, flat facades are prohibited. Building facades facing the main roadway shall incorporate recesses or offsets to ensure that no single, uninterrupted length of facade over 40 feet shall occur.

§ 300-11 Highway Commercial (HC).

The purpose of the Highway Commercial District designation is to provide economic development opportunities while protecting the Village's small-town, rural character. The HC zoning designation provides an opportunity for personal service uses, general or specialized retail shopping, entertainment, or professional services while reflecting the traditional scale, proportions, rhythms and environment that define the character of the Village. The standards, requirements and design guidelines associated with the HC District are intended to allow commercial uses that are both automobile and pedestrian friendly while protecting against the negative aspects of strip commercial development. See also Article III, Special Development Standards. A significant municipal investment in public improvements has historically supported the downtown commercial environment, while a thriving downtown environment contributes significantly to a community's sense of identity. Special consideration should be given to downtown businesses and their ability to survive when considering conditional uses in the HC District.

Permitted uses.

(1)

Parks, greenways and open spaces.

(2)

Residential above ground-level commercial.

Prohibited uses.

(1)

Parking lot without the primary structure/use that it serves.

(2)

A tavern or eating establishment featuring partially or fully nude dancing/stripping.

(3)

Amusement parks and parking.

(4)

Other uses similar to those prohibited or which would adversely impact the value of nearby properties or the character of the Village.

Residential buffer requirements. All parking, service and rear access functions associated with a commercial use within the HC District must install landscaping and/or fencing that buffers the view from any adjacent residentially occupied property.

Parking locations. The location of off-street parking lots is strongly encouraged to occur to the rear or side of the HC structures, accessible from side streets if possible. When access to parking can only be achieved from the main street, entries should not exceed 20 feet in width. The sharing of accessways by multiple businesses is encouraged. Entrances on the same side of the street must be separated from one another by at least 100 feet.

Landscaped edge.

(1)

In situations where new buildings are allowed a setback greater than 60 feet or a parking lot is designed to occur between the main street and the structure or existing development is set back beyond 60 feet, trees and additional landscaping located on the boundary of the property must be incorporated to reduce the visual impact of parking areas and to reinforce the street edge.

(2)

Such landscaped strips must be at least 15 feet wide with deciduous shade trees planted at twenty-five- to thirty-foot intervals to reinforce the street edge.

Height, area, and setback.

			Yard Setbacks (feet)
	Lots		Front		Rear		Side
Highway Commercial (HC)	Width (feet)	Area	Min.	Max.	Min.	Max.	Min.	Max.	Height (feet)
	200 maximum	No limit	40	60	20	na	20	na	20 minimum
					30 minimum if adjacent to residential		30 minimum if adjacent to residential		35 maximum

Building types. Long, flat facades are prohibited. Buildings facades facing the main roadway shall incorporate recesses or offsets to ensure that no single, uninterrupted length of facade over 50 feet is allowed to occur.

Performance standards for HC development. Any proposed development within the HC District must clearly demonstrate that new highway commercial development will not provide strip commercial characteristics as described below:

(1)

Attention to franchise design over community design.

(2)

Numerous large and freestanding signs.

(3)

Visual clutter of signage and stored products competing for motorists' attention.

(4)

Large expanses of unscreened surface parking.

(5)

Little or no landscaping of public or private property.

(6)

Occasional plantings of puny trees and shrubs which form a weak edge along the street.

(7)

Few or no pedestrian improvements such as a sidewalk.

(8)

Numerous poorly delineated and closely spaced driveway access points equal danger and disrupted traffic flow.

(9)

Maximum buildout often with low, one-story buildings.

(10)

Scattered, dispersed buildings at far edge of asphalt parking lot.

(11)

No coordination between developments.

§ 300-12 Industrial (I).

The purpose of the Industrial Zone is to provide an area for the future growth and development of those businesses and industries that seek an aesthetically acceptable working environment that is exclusively reserved for and conducive to the development and protection of corporate offices, office research and development, institutions and nonnuisance manufacturing and industrial facilities. The intent and purpose of this zone is to promote and maintain desirable economic development that is practical, feasible and an asset to owners, neighbors and the Village of Balsam Lake while maintaining a parklike environment.

(1)

The requirements and standards for this zone addressing building design, noise, landscaping and performance are intended to ensure compatibility with the desired character of the Village in use and aesthetic quality and to provide safeguards for adjoining commercial sites, nearby residential properties and the surrounding community as a whole.

(2)

The purpose of these standards is to establish rules, regulations, standards, and procedures for the approval of all new development proposals and the expansion of existing businesses and industries in order to:

(a)

Provide for safe and efficient vehicular and pedestrian circulation.

(b)

Provide for screening, landscaping, signage, and lighting.

(c)

Ensure efficient, safe and attractive land development.

(d)

Provide for compliance with appropriate design standards to ensure adequate light and air, proper building arrangements, and minimal adverse effect on adjacent properties.

(e)

Develop proper safeguards to minimize the impact on the environment.

(f)

Ensure the provision of an adequate water supply, drainage, stormwater management, sanitary facilities, and other utilities and surveys.

(g)

Encourage modern and innovative design, construction, technology, and planning methods.

(h)

Advance and promote sound growth and continued development within the Industrial Zone.

(i)

Provide for appropriate maintenance standards applicable to properties within the Industrial Zone.

(3)

The interpretation and application of the provisions of these standards shall be held as minimum requirements for the promotion of the public health, safety and welfare. See also Article III, Special Development Standards.

Permitted uses.

(1)

Manufacturing that might include assembling, fabricating, processing or otherwise.

(2)

Research and development.

(3)

Experimental and testing laboratories.

(4)

Engineering or office uses.

(5)

Maintenance facilities.

(6)

Warehouses and distribution centers.

(7)

Wastewater treatment plants.

(8)

Multitenant buildings, providing that the building is designed to appear as a single building with a unified design.

Conditional uses. The Village may grant a conditional use permit with or without conditions only if the requirements are otherwise complied with, the proposed use will not have a negative impact on existing or potential permitted uses within the district and the proposed use will significantly contribute to the strength, stability and diversity of the Balsam Lake economy. All such conditional use permits, if given, shall be in written form signed by a duly authorized representative of the Village of Balsam Lake.

(1)

Amenity uses which provide a service or feature which specifically contributes to the district, such as health clubs, child-care facilities, automated teller machines, training or education centers, or communications centers.

(2)

Regional or national headquarter office buildings.

(3)

Factory retail outlets incidental to permitted on-site manufacturing uses.

(4)

Wood-frame, pole-type structures.

Prohibited uses.

(1)

General uses involving the following kinds of activities and elements are prohibited within the Industrial Zone:

(a)

High-temperature processes.

(b)

Yards for the storage of materials.

(c)

Storage of chemicals in excess of that needed as accessory to the main use.

(d)

Explosives in any form.

(e)

Obnoxious or dangerous gases, odors, fumes or smoke.

(f)

Radioactivity.

(2)

Specific prohibited uses include:

(a)

Petroleum or coal products manufacture, storage or distribution.

(b)

Mineral extraction.

(c)

Smelting of tin, copper, zinc or iron ores.

(d)

Distilling.

(e)

Disposal or incineration operations.

(f)

Outdoor spraying.

(g)

Residential uses, including mobile home parks.

(h)

Auto or machinery wrecking, salvaging, rebuilding or repair.

(i)

Cement, lime, gypsum or plaster manufacturing.

(j)

Distillation of bones.

(k)

Explosives manufacture, processing or storage.

(l)

Excavation of building or construction materials other than in the normal course of construction or site prep.

(m)

Junkyards.

(n)

Manufacturing, processing, storage or distribution of animals or animal by-products, rendering plants, slaughterhouses, meat packaging, gelatin, glue, soap or fertilizer plants.

(o)

Bulk sales, storage or display of lumber or other building or construction materials.

(p)

All retail sales, except factory retail outlets incidental to permitted on-site manufacturing uses.

Height, area, and setback.

	Lots		Yard Setbacks
	Width		Front		Rear		Side
Industrial (I)	(feet)	Area	Min.	Max.	Min.	Max.	Min.	Max.	Height
	100 minimum	1/2 acre minimum	10	na	20	na	20	na	45 feet or two stories, whichever is more restrictive

Nuisance conditions. No operation, process, manufacturing, or building use in the Industrial District shall produce or create a nuisance condition through the production of noise, vibration, odor, heat, glare, air pollution, electromagnetic radiation, liquid waste or solid waste. See also § 300-21, Performance standards.

General building requirements.

(1)

Purpose. The purpose of this subsection is to establish general performance standards for development within the Industrial District. These standards are intended and designed to assure compatibility of uses; to prevent urban blight, deterioration, and decay; and to enhance the health, safety, and general welfare of the residents of the community.

(2)

(3)

Building exteriors.

(a)

Materials selected for the construction of a structure in the Industrial District shall be of the following:

[1]

Hard-burned clay brick, color and texture to be approved by the Planning Commission.

[2]

Concrete masonry. Units shall be those generally described by the National Concrete Masonry Association as "customized architectural concrete masonry units" or shall be broken-faced brick-type units with marble aggregate, split-face or broken-off concrete blocks. There shall be no exposed concrete block on the exterior of the building. Any concrete masonry units that have a gray cement color shall be coated.

[3]

Coating shall be an approved cementitious or epoxy type with a ten-year minimum life expectancy.

[4]

Concrete may be poured in place, tilt up or precast. Poured-in-place and tilt-up walls shall have a finish of stone, a texture or a coating. Textured finishes, except in special cases, shall be coated. Precast units which are not uniform in color shall be coated.

[5]

Metal siding may be used in combination with one of the approved materials and with approval of the Village of Balsam Lake. Any metal siding proposed for use shall be entirely coated with a colorfast, abrasion- and corrosion-resistant, long-life (minimum of 20 years) finish that is resistant to chemicals, withstands temperature extremes, and has a low permeability. Such panels shall be insulated (facing shall carry a U.S. approval) and have a vapor barrier. Any material utilized to attach the metal siding to the building shall be concealed, or the utilization of shadow panels or semiconcealed fastener panels with fasteners painted to match the panels shall be required. Metal siding may be utilized on all sides of building walls.

(b)

The design and appearance of the front, side or rear building walls that face a primary street or adjacent street are subject to Planning Commission and Village Board approval.

(c)

An exterior building wall (front, side or rear) facing an adjacent street shall be constructed of one or more of the materials listed in this Subsection G(3) above. The exterior building wall or walls facing an adjacent street may be finished or accentuated with any one or more of the following materials:

Brick and masonry.

Natural stone.

Glass curtain walls.

Stone and glass curtain walls.

[5]

Other material approved by the Village Board, in writing.

(d)

(4)

Mechanical equipment. All mechanical equipment shall be enclosed or screened from view. Roof-mounted equipment shall be integrated into the design of the structure, enclosed or screened.

(5)

(6)

(7)

No right to divide property. After a site has been purchased, it shall not be further subdivided without written consent from the Planning Commission and Village Board.

Landscape plan requirements.

(1)

At least 25% of the total lot square footage must be maintained as green space within the Industrial District.

(2)

Two copies of the proposed landscape plan shall be submitted with the site plan.

(3)

(a)

The location and dimensions of all proposed open space areas required to meet the minimum 25% of the total lot requirements contained herein.

(b)

Identification of all proposed vegetation and quantities thereof.

(c)

Accurately scaled construction details of proposed landscape elements (berms, fences, retaining walls, planter boxes, etc.) that include material specifications.

(d)

The accurate location and scale of all proposed structures, storage areas, parking areas, sidewalks, fire lanes, and trail corridors.

(4)

Lighting requirements.

(1)

The Industrial District requires exterior lighting that will provide the basic needs of safety and security. Appropriate lighting shall be provided in order to delineate roads, drives, parking areas, pedestrianways, buildings, and other organizational points. Lighting shall be an integral part of the overall architectural design; therefore, proposed lighting, whether freestanding or building mounted, shall complement the architectural character of the principal use.

(2)

§ 300-13 Conservancy (C).

The purpose of the Conservancy designation is to preserve open space, natural resources or topographic patterns that contribute to the beauty, utility and character of the Balsam Lake area. Generally, these areas are characterized by woodland, farmland, wetland or steep topography, and outdoor recreation areas

Permitted uses.

(1)

Harvesting of wild crops, tree fruits and tree seeds.

(2)

Sustained yield forestry.

(3)

Farming, provided no drainage, filling or dredging takes place and no farm buildings are constructed.

(4)

Snowmobile trails.

(5)

Bicycle paths.

(6)

Fishing, scenic, historic, scientific, and wildlife reserves.

(7)

Hiking trails and accessory uses.

(8)

Bridle paths and accessory uses.

(9)

Public or private parks and picnic areas.

(10)

Greenways and open spaces.

(11)

Beaches.

(12)

Uninhabited buildings used exclusively for raising waterfowl or fish.

(13)

Those uses related to recreation but not requiring a basement.

(14)

Regulatory signs smaller than six square feet.

(15)

Utility transmission lines.

Conditional uses.

(1)

Filling, drainage, and dredging (see § 300-29, Protection of shoreland and watercourses).

(2)

Flowages, ponds, and relocation of watercourses (see § 300-29, Protection of shoreland and watercourses).

(3)

Removal of topsoil or peat (see § 300-29, Protection of shoreland and watercourses).

(4)

Farm structures.

(5)

Piers or boathouses (see § 300-29, Protection of shoreland and watercourses).

(6)

Campgrounds.

(7)

Parking (see § 300-15, Parking requirements).

Prohibited uses.

(1)

Structures for human habitation.

§ 300-13.1 Groundwater Protection Overlay District.

[Added 11-14-2016 by Ord. No. 2016-04]

The purpose of the Groundwater Protection Overlay District is to establish an overlay district to institute land use regulations and restrictions within a defined area which contributes water directly to the municipal water supply providing protection for the aquifer and municipal water supply of the Village of Balsam Lake and promoting the public health, safety and general welfare of Village residents. The Groundwater Protection Overlay District is established based on the wellhead protection areas described in the Village's most recent and up to date Wellhead Protection Plan, which are derived from hydrologic studies and are based on the area surrounding a well where groundwater takes five years or less to travel from the land surface to the municipal well.

Permitted uses. The following uses are permitted in the Groundwater Protection Overlay District provided they meet the required setbacks set forth in Subsection D.

(1)

Parks, provided there is no on-site waste disposal or fuel storage tank facilities associated with this use.

(2)

Playgrounds.

(3)

Wildlife areas.

(4)

Non-motorized trails, such as bike, skiing, nature and fitness trails.

(5)

Residential, commercial and industrial establishments that are municipally sewered and whose use, aggregate of hazardous chemicals in use, storage, handling and/or production may not exceed 20 gallons or 160 pounds at any time.

(6)

Routine tillage, planting, and field management operations in support of agricultural crop production, where nutrients from legume, manure, and commercial sources are accounted for and credited toward crop nutrient need. The combination of all nutrient sources applied or available on individual fields may not exceed University of Wisconsin soil test recommendations for that field.

Conditional uses. The following uses may be conditionally permitted in Zone 1 subject to the separation distances in Subsection E:

(1)

Hydrocarbon, petroleum or hazardous chemical storage tanks. (Hazardous chemicals are identified by OSHA under 29 CFR 1910.1200(c) and by OSHA under 40 CFR Part 370.)

(2)

Motor vehicle services, including filling and service stations, repair, renovation and body work.

(3)

(4)

Geothermal wells, also known as ground source heat pump, along with any associated piping and/or ground loop component installations.

Prohibited uses.

(1)

Cemeteries.

(2)

Chemical manufacturers (Standard Industrial Classification Major Group 28).

(3)

Coal storage.

(4)

Dry cleaners.

(5)

Electroplating facilities.

(6)

Foundries and forge plants.

(7)

Industrial liquid waste storage lagoons and pits.

(8)

Landfills and any other solid waste facility, except post-consumer recycling.

(9)

Manure and animal waste storage.

(10)

Mining of any kind, including metallic, sand and aggregate pits.

(11)

Pesticide and fertilizer dealer, manufacturing, transfer or storage facilities.

(12)

Private on-site wastewater treatment systems or holding tanks receiving 12,000 gallons per day or more.

(13)

Railroad yards and maintenance stations.

(14)

Rendering plants and slaughterhouses.

(15)

Salt or deicing material bulk storage.

(16)

Salvage or junk yards.

(17)

Septage or sludge spreading, storage or treatment.

(18)

Septage, wastewater, or sewage lagoons.

(19)

Stockyards and feedlots.

(20)

Stormwater infiltration basins without pretreatment, including vegetative filtration and/or temporary detention.

(21)

Wood preserving operations.

(22)

Any other use determined by the Village Board to be similar in nature to the above listed uses.

Separation distances. The following separation distances as specified in § NR 811.12(5), Wis. Adm. Code, shall be maintained in all zones of the Groundwater Protection Overlay District.

(1)

Ten feet between a well and an emergency or standby power system that is operated by the same facility which operates the well and that has a double-wall aboveground storage tank with continuous electronic interstitial leakage monitoring. These facilities shall meet the installation requirements of § ATCP 93.260, Wis. Adm. Code, and receive written approval from the department of safety and professional services or its designated Local Program Operator under § ATCP 93.110, Wis. Adm. Code.

(2)

Fifty feet between a well and a storm sewer main or a sanitary sewer main where the sanitary sewer main is constructed of water main class materials and joints. Gravity sanitary sewers shall be successfully air pressure tested in place. The air pressure test shall meet or exceed the requirements of the four psi low-pressure air test for plastic gravity sewer lines found in the latest edition of Standard Specifications for Sewer and Water Construction in Wisconsin. Force mains shall be successfully pressure tested with water to meet the AWWA C600 pressure and leakage testing requirements for one hour at 125% of the pump shut-off head.

(3)

Two hundred feet between a well field and any sanitary sewer main not constructed of water main class materials, sanitary sewer manhole, lift station, one- or two-family residential heating fuel oil underground storage tank or aboveground storage tank or private onsite wastewater treatment system (POWTS) treatment tank or holding tank component and associated piping.

(4)

Three hundred feet between a well field and any farm underground storage tank system or other underground storage tank system with double wall and with electronic interstitial monitoring for the system, which means the tank and any piping connected to it. These installations shall meet the most restrictive installation requirements of § ATCP 93.260, Wis. Adm. Code, and receive written approval from the department of safety and professional services or its designated local program operator under § ATCP 93.110, Wis. Admin. Code. These requirements apply to tanks containing gasoline, diesel, biodiesel, ethanol, other alternative fuel, fuel oil, petroleum product, motor fuel, burner fuel, lubricant, waste oil, or hazardous substances.

(5)

Three hundred feet between a well field and any farm aboveground storage tank with double wall, or single-wall tank with other secondary containment and under a canopy; other aboveground storage tank system with double wall, or single-wall tank with secondary containment and under a canopy and with electronic interstitial monitoring for a double-wall tank or electronic leakage monitoring for a single-wall tank secondary containment structure. These installations shall meet the most restrictive installation requirements of § ATCP 93.260, Wis. Admin. Code, and receive written approval from the department of commerce or its designated local program operator under § ATCP 93.110, Wis. Admin. Code. These requirements apply to tanks containing gasoline, diesel, biodiesel, ethanol, other alternative fuel, fuel oil, petroleum product, motor fuel, burner fuel, lubricant, waste oil, or hazardous substances.

(6)

Four hundred feet between a well field and a POWTS dispersal component with a design capacity of less than 12,000 gallons per day, a cemetery or a stormwater retention or detention pond.

(7)

Six hundred feet between a well field and any farm underground storage tank system or other underground storage tank system with double wall and with electronic interstitial monitoring for the system, which means the tank and any piping connected to it; any farm aboveground storage tank with double wall, or single-wall tank with other secondary containment and under a canopy or other aboveground storage tank system with double wall, or single-wall tank with secondary containment and under a canopy; and with electronic interstitial monitoring for a double-wall tank or electronic leakage monitoring for a single-wall tank secondary containment structure. These installations shall meet the standard double-wall tank or single-wall tank secondary containment installation requirements of § ATCP 93.260, Wis. Adm. Code, and receive written approval from the department of safety and professional services or its designated local program operator under § ATCP 93.110, Wis. Adm. Code. These requirements apply to tanks containing gasoline, diesel, biodiesel, ethanol, other alternative fuel, fuel oil, petroleum product, motor fuel, burner fuel, lubricant, waste oil, or hazardous substances.

(8)

One thousand feet between a well field and land application of municipal, commercial, or industrial waste; the boundaries of a land spreading facility for spreading of petroleum-contaminated soil regulated under state administrative regulations while that facility is in operation; agricultural, industrial, commercial or municipal wastewater treatment plant treatment units, lagoons, or storage structures; manure stacks or storage structures; or POWTS dispersal component with a design capacity of 12,000 gallons per day or more.

(9)

Twelve hundred feet between a well field and any solid waste storage, transportation, transfer, incineration, air curtain destructor, processing, wood-burning, one-time disposal or small demolition facility; sanitary landfill; any property with residual groundwater contamination that exceeds Ch. NR 140, Wis. Adm. Code, enforcement standards; coal storage area; salt or deicing material storage area; any single-wall farm underground storage tank or single-wall farm aboveground storage tank or other single-wall underground storage tank or aboveground storage tank that has or has not received written approval from the department of safety and professional services or its designated local program operator under § ATCP 93.110, Wis. Admin. Code, for a single-wall tank installation. These requirements apply to tanks containing gasoline, diesel, biodiesel, ethanol, other alternative fuel, fuel oil, petroleum product, motor fuel, burner fuel, lubricant, waste oil, or hazardous substances; and bulk pesticide or fertilizer handling or storage facilities.

Standards for conditional use. The Village Board shall apply the following factors:

(1)

The Village's responsibility, as a public water supplier, to protect and preserve the health, safety and welfare of its citizens.

(2)

The degree to which the proposed land use practice, activity or facility may threaten or degrade groundwater quality in the Village or the Village's recharge area.

(3)

The economic hardship which may be faced by the landowner if the application is denied.

(4)

The availability of alternative options to the applicant, and the cost, effect and extent of availability of such alternative options.

(5)

The proximity of the applicant's property to other potential sources of contamination.

(6)

The then-existing condition of the Village's groundwater public water well(s) and well fields, and the vulnerability to further contamination.

(7)

The direction of flow of groundwater and other factors in the area of the applicant's property which may affect the speed of the groundwater flow, including topography, depth of soil, extent of aquifer, depth to water table and location of private wells.

(8)

Any other hydrogeological data or information which is available from any public or private agency or organization.

(9)

The potential benefit, both economic and social, from the approval of the applicant's request for a permit.

Types of conditions which the Village Board may require. The Village Board may stipulate conditions and restrictions including but not limited to the following:

(1)

A requirement for periodic environmental and safety sampling, testing, and reporting to establish the continued protection of the public water supply. The Village may require an application to install one or more groundwater monitoring well(s), at the expense of the applicant;

(2)

The establishment of safety structures to prevent groundwater contamination;

(3)

The establishment of an operational safety plan to define processes and procedures for material containment, operations monitoring, best management practices, and stormwater runoff management to prevent groundwater contamination;

(4)

Written policies and procedures for reporting and cleaning up any spill of a hazardous material;

(5)

The provision of copies of all federal, state and local facility operation approval or certificates, and on-going environmental monitoring results to the Village;

(6)

A written agreement pursuant to which the applicant agrees to be held financially responsible for all environmental cleanup costs in the event of groundwater contamination;

(7)

Bonds and/or securities satisfactory to the Village for future monitoring and cleanup costs if groundwater contamination occurs in the future.

Existing nonconforming uses. Nonconforming uses lawfully in existence within the Groundwater Protection Overlay District at the adoption of the ordinance creating this district may continue to exist in the form and scope in which they existed at that time subject to the following provisions.

(1)

Existing facilities shall provide copies of all federal, state and local facility operation approvals or certificate and on-going environmental monitoring results to the Village upon request.

(2)

Existing facilities shall replace equipment or expand in a manner that improves the existing environmental and safety technologies already in existence.

(3)

In the event a lawful nonconforming use poses a direct hazard to the Village's public water supply, the Village may take any action permitted by law to abate the hazard.

(4)

Existing facilities shall have the responsibility of devising and/or filing with the Village a contingency plan satisfactory to the Plan Commission for the immediate notification of the appropriate Village officers in the event of an emergency.