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.
A. Permitted uses.
(1) One-family dwellings and their accessory use.
(2) Parks, greenways and open spaces.
B. 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.
(14) 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.
C. Green space requirements. No less than 70% of each
individual parcel should be maintained in green space.
D. 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.
E. 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.
F. 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.
G. 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
|
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.
A. 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.
(6) Utility transmission lines.
B. Conditional uses.
(1) PUDs (one-family, two-family or condominium).
(6) Campgrounds/recreational vehicle (RV) parks.
(13) 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.
C. Green space requirements. No less than 70% of each
individual parcel should be maintained in green space.
D. 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.
E. 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.
F. 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.
G. 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."
|
H. 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.
I. 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%.
J. 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.
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.
A. 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.
B. Conditional uses.
(1) One- and two-family clustered residential development.
(2) PUDs (one-family, two-family, multifamily and condominium).
(4) Courthouses, jails and related structures.
(5) Government service functions and structures.
(15) 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.
C. 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.
D. 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.
E. 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.
F. 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.
G. 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
|
H. Clustered residential development. See §
300-26 for cluster development standards.
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.
A. Permitted uses.
(1) Personal service.
(a)
Barbershops and beauty parlors.
(b)
Appliance sales and repairs.
(3) Entertainment.
(a)
Taverns and cocktail lounges.
(c)
Hotels and lodging houses.
(4) Specialized retail.
(h)
Packaged beverage stores.
(k)
Tobacco and magazine stores.
(5) Business or professional offices or services.
(b)
Personal and business service establishments.
(d)
Organization headquarters.
(e)
Newspaper and magazine publishers.
(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.
(7) Residential (refer to §
300-15, Parking requirements).
(a)
Upper-story residences/apartments.
B. Conditional uses.
(1) Any structure whose Main Street facade exceeds 75
feet in length.
(2) Government service and function.
(7) Professional laundry/dry cleaning.
(10) Wood-frame, pole-type accessory building.
(16) 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.
C. Prohibited uses.
(6) Residential use at street level.
(7) Tavern or eating establishment featuring partially
or fully nude dancing/stripping.
D. 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.
E. 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.
F. 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
|
G. 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:
[4]
Stone and glass curtain walls.
[8]
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.
H. 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.
I. 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.
J. 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.
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.
A. Permitted uses.
(1) One-family or two-family residential.
(2) Parks, greenways and open spaces.
(3) Residential above ground-level commercial.
B. 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.
C. Prohibited uses.
(1) Parking lot without the primary structure/use that
it serves.
(4) Automobile sales or repair.
(11)
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.
D. 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.
E. 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.
F. 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.
G. 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
|
H. 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.
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.
A. Permitted uses.
(1) Parks, greenways and open spaces.
(2) Residential above ground-level commercial.
B. 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.
C. 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.
D. 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.
E. 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.
F. 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.
G. 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
|
H. 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.
I. 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.
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
A. 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.
(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.
(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.
B. 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).
(5) Piers or boathouses (see §
300-29, Protection of shoreland and watercourses).
(7) Parking (see §
300-15, Parking requirements).
C. Prohibited uses.
(1) Structures for human habitation.
[Added 11-14-2016 by Ord.
No. 2016-04]
A. 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.
B. 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.
(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.
C. 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)
Residential, commercial and industrial establishments that are
municipally sewered and whose use, aggregate of hazardous chemicals
in use, storage, handling and/or production exceeds 20 gallons or
160 pounds at any time.
(4)
Geothermal wells, also known as ground source heat pump, along
with any associated piping and/or ground loop component installations.
D. Prohibited uses.
(2)
Chemical manufacturers (Standard Industrial Classification Major
Group 28).
(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.
(17)
Septage or sludge spreading, storage or treatment.
(18)
Septage, wastewater, or sewage lagoons.
(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.
E. 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.
F. 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.
G. 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.
H. 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.