Village of Balsam Lake, WI Article III Special Development Standards

§ 300-14 Compliance required.

A. Height and use.

(1) Except as provided below, the use and height of buildings erected, converted, moved, enlarged or structurally altered and the use of any land shall comply with the regulations established by this chapter for the district in which such buildings or land is to be located.

(2) The following structures are exceptions to the height regulations as set out in this chapter:

(a) Chimneys.

(b) Cooling towers.

(c) Elevator bulkheads.

(d) Fire towers.

(e) Monuments.

(f) Silos.

(g) Stacks.

(h) Scenery lofts.

(i) Tanks.

(j) Water towers.

(k) Ornamental towers.

(l) Spires.

(m) Broadcasting towers, masts or aerials.

B. Area and yard requirements. No lot should be reduced so that the setback and yard requirements cannot be met. A request for variance will be necessary to reduce the lot size below the minimum size described in this chapter. Reference § 300-32, Appeals and variances, for guidance. In general, the following area and yard requirements apply:

(1) The square footage requirement for a single, independent lot cannot be met by sharing square footage with a neighboring independent lot.

(2) No lot shall contain more than one principal building.

(3) Every part of a required yard shall be unobstructed to the sky except for the following instances:

(a) Accessory buildings.

(b) Sills, cornices and ornamental features projecting less than 48 inches.

(c) Permanent awnings, accessory columns or struts projecting less than 60 inches.

(d) Open or enclosed fire escapes projecting less than 60 inches into the yard (less than 42 inches into the court).

(4) Reverse corner lots will have a primary front yard of the required depth and a secondary front yard of 1/2 the required front yard depth. The property owner can determine which frontage is primary and secondary.

(5) Ordinary corner lots will have a primary front yard of a depth and location consistent with the district requirements and a secondary front yard of 1/2 the front yard requirement.

C. Vision triangle required. In each quadrant of every street intersection, there will be a vision clearance triangle beginning at the intersection of the street right-of-way lines and a line connecting them 25 feet from their intersection. Within that triangle, no object shall be allowed that is taller than 30 inches and obstructs the view through the triangle. Tree trunks, posts or wire fences are exempt from this requirement.

§ 300-15 Parking requirements.

A. General. This chapter strongly encourages off-street visitor and staff parking to occur on the lot of the facility. However, if parking facilities can be shared in order to reduce the amount of parking area required overall, this chapter encourages innovative design and cooperative boundary relationships.

(1) No parking lot with more than five stalls shall be constructed or modified until a zoning permit has been issued by the Village Zoning Administrator/Building Inspector. Application for a permit and submission requirements are described in § 300-30.[1]

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

(2) The Village Engineer or designated Village personnel will review parking lot designs to verify adequate provision for maneuvering into the lot and into individual spaces.

(3) All modified or newly developed parking lots must meet the minimum handicap parking requirements, as designated by the State of Wisconsin.

(4) No on-street parking is permitted in the Industrial District.

B. New developments. The following table of parking requirements for various uses applies to all new developments, changes of use or lot modifications. Allocation of parking areas must be indicated on the plans required for obtaining a zoning permit.[2]

	Residential Uses
	Single-family	2 spaces per dwelling unit
	Multifamily	1.5 spaces per dwelling unit
	Elderly housing	0.5 space per dwelling unit
	Mobile home parks	2 spaces per lot

	Institutional Uses
	Elementary school	1 space per 2 employees
	Junior or senior high school	1 space per 2 employees plus 1 space per 10 students
	Libraries	1 space per 800 gross square feet
	School auditoriums	1 space per 8 seats
	School gyms and stadiums	1 space per 8 seats
	Institutions for elderly care	1 space per 4 beds plus 1 space per 2 employees
	Hospitals	1 space per 4 beds
	Noncommercial community center	Spaces equal to 30% of rated capacity in persons
	Post office	1 space per 500 square feet of floor area

	Commercial Uses
	Funeral parlor	8 spaces per chapel or parlor plus 1 space per 4 seats over 400
	Private clubs	1 space per 4 persons of the rated capacity
	Radio and TV stations	1 space per 2 employees
	Churches	1 space per 6 seats
	Boardinghouse	1 space per 3 rooming units plus 1 space for manager
	Taverns and restaurants	Spaces equal to 30% of rated capacity in persons
	Service stations	1 space per 2 employees plus 1 space for manager
	Resorts	1 space per 2 employees plus space equal to 20% of rated capacity
	Contractor and construction office	1 space per employee
	Bowling alleys	5 spaces per alley
	Travel trailer parks	1.5 spaces per travel trailer site
	Campgrounds	1 space per campsite
	Pool halls, dance halls, pools and skating rinks	Spaces equal to 30% of rated capacity in persons
	Medical and dental clinics	3 spaces per staff member
	Auto sales	2 spaces per employee
	Commercial schools	1 space per 2 employees plus 1 space per 5 students
	Indoor theater	1 space per 6 seats up to 400 plus 1 space per 4 seats over 400
	Philanthropic and charitable uses	1 space per 2 employees plus an adequate number to serve the public
	Animal hospitals	2 spaces per employee
	Car wash, self-serve	4 spaces for each washing stall in addition to the stall itself
	Cartage and express facilities	1 space per vehicle operated plus 1 space per 2 employees
	Marina	1 space per berth with at least 20% able to accommodate cars with trailers (9.5 feet by 35 feet)
	Laundries	1 space per 3 employees
	Printing and publishing	1 space per 3 employees
	Warehousing and wholesaling	1 space per 3 employees
	Hotels	1 space per 3 rooms
	Laboratories	1 space per 3 rooms
	Motels	1 space per unit plus 1 space for manager
	Riding stable	1 space per employee
	General commercial/office	1 space per 200 gross square feet in excess of 2,000 square feet or 6 spaces per 1,000 gross square feet in integrated centers

	Industrial
	General industrial	1 space per 1.3 employees calculated at the largest shift capacity

[2] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

C. Parking space. Each parking space shall be a minimum of 10 feet wide and 20 feet long.

D. Landscape guidelines for parking lots in all commercial and industrial districts. Parking lots should be effectively landscaped with trees and shrubs to reduce the visual impact of glare, headlights, and parking lot lights from the public right-of-way and from adjoining properties. When a lot is located adjacent to a public right-of-way, the following alternatives should be considered:

(1) Landscape setback.

(a) On the side or sides of the parking lot which are visible from a public right-of-way, the developer shall provide at least a ten-foot-wide landscaped area between the right-of-way and the parking lot, to be planted with shade or ornamental trees and at least a three-foot-tall evergreen hedge.

(b) This chapter encourages the incorporation of a berm within the required ten-foot landscaped strip. The berm may be at least 30 inches in height, with slopes not to exceed 25% for grassy berms. Berms planted with ground cover and shrubs can be steeper, but no berm should exceed a fifty-percent slope.

(2) Parking lot perimeter. On the sides of the parking lot's perimeter which do not have a street frontage, the developer is encouraged to landscape the required setback areas around the parking lot perimeter with shade trees and low shrubs. The developer is encouraged to provide a minimum of one shade tree for every 40 feet of lot perimeter.

(3) Woodland preservation. In cases where woodland exists, the preservation of existing trees between the parking lot and the right-of-way is strongly encouraged. To achieve an effective visual buffer, the provision of additional evergreen shrubs is encouraged.

(4) Within the lot. In any parking lot which proposes 10 or more spaces, a minimum of 5% of the total lot square footage should be landscaped. To achieve this, the following alternatives should be considered:

(a) Planting islands should be planted between every 10 to 15 spaces to avoid long rows of parked cars. Each of these planting islands should be at least eight feet wide and should be planted with shade trees, low shrubs and/or ground cover. These islands are encouraged throughout the lot but are particularly effective at the end of parking rows.

(b) Landscaping within the parking lot should be used to delineate vehicular and pedestrian circulation patterns. Tall shrubs or low-branching trees should not be used as they restrict visibility.

E. Finish requirements for parking lots and driveways in commercial and industrial districts.

(1) All driveways and parking areas shall be surfaced with asphaltic or concrete paving no later than one year after construction of the primary use facility is complete. Truck or semitrailer parking and circulation areas will be considered by the Planning Commission and the Village Board on a case-by-case basis.

(2) Paved parking areas shall have painted stalls and divider lines as needed for safety through designation of vehicular traffic patterns. It is recommended that parking areas be separated from loading and storage areas.

F. Within structures. Off-street parking requirements may be furnished by providing spaces within the principal building or structure. However, no zoning permit shall be used to convert the interior parking area into another activity until other parking provisions have been made and comply with the required off-street parking provisions of this chapter.[3]

[3] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

G. Nonconforming structures. Should a nonconforming structure or use be damaged or destroyed (defined as 50% or more of the structure being damaged) by accidental destruction, acts of God, or otherwise, it may be reestablished if elsewhere permitted in these regulations, except that in doing so, any off-street parking or loading space which existed before shall be retained and expanded as necessary to comply with the standards herein.

H. Changes of use or occupancy of building. Any change of use or occupancy that will require more parking shall not be permitted until additional parking space is provided as required by these regulations.

§ 300-16 Loading requirements.

A. Location.

(1) The public street should be kept unobstructed by loading functions, to allow the passage of vehicular and pedestrian traffic, whenever possible.

(2) All required loading berths in the HC, RSC and I Districts shall be off street, and wherever possible loading and unloading of vehicles should be provided on the lot on which the facility is located. Sharing of loading and unloading space by more than one facility is encouraged. The challenge is to schedule deliveries such that conflicts are avoided.

(3) On-street loading and unloading within the VCC District is allowed, provided that the loading and unloading activity does not exceed 15 minutes at any one location and does not jeopardize the safety of pedestrian or vehicular traffic. In the VCC District, no adjacent structures should be removed in order to meet loading and unloading requirements, particularly if the structure is historically or architecturally significant.

(4) Loading berths shall not occupy or be located within a front yard without first obtaining the prior written consent of the Village.

B. Berth standards.

(1) Loading berths shall observe the following general requirements. Loading berths:

(a) Shall not conflict with pedestrian movement.

(b) Shall not obstruct the view of the public right-of-way from off-street parking access.

(c) Shall comply with all other requirements of this section.

(2) Each loading berth shall be located with appropriate means of vehicular access to a street in a manner which will cause the least interference with traffic.

C. Size.

(1) A required off-street loading berth shall be at least 80 feet in length, exclusive of aisle and maneuvering space, and shall have a vertical clearance of at least 15 feet.

(2) Generally, the following loading and unloading space requirements must be met:

	Gross Floor Area (square feet)	Required Loading Space
	0 to 1,500	No dedicated space required
	1,501 to 10,000	1 loading space required
	10,001 and over	1 loading space plus another loading space for every 20,000 square feet in excess of 10,001 square feet of gross floor area

D. Surfacing. All areas intended to be utilized for off-street loading shall be surfaced with bituminous asphalt or concrete unless agreed to the contrary, in writing, by the Village of Balsam Lake.

E. Change of use. Where a change of use in off-street loading facilities is made necessary due to damage, destruction, increased use, or any other change, such change requires approval by the Village Board.

F. Maintenance. It shall be the responsibility of the lessee and/or owner of the building to maintain the loading area, accessways and striping in a neat and orderly manner.

§ 300-17 Outdoor storage.

A. Residential districts.

(1) There shall be no outdoor storage in any front setback.

(2) On lots of 20,000 square feet or less, outdoor storage shall not exceed an aggregate area of 100 square feet. On lots greater in area than 20,000 square feet, the aggregate area shall not exceed 1% of the total lot area, not to exceed 1,000 square feet. Lots of 40 acres or more are permitted a maximum of 2,000 square feet of outdoor storage, provided that all outdoor storage exceeding 1,000 square feet is screened from view from all public rights-of-way within 300 feet of such storage area.

(3) With the exception of boats and automotive vehicles, the materials shall be limited to a height of six feet.

(4) The following are not considered outdoor storage and are therefore exempt from the above outdoor storage requirements:

(a) Materials or equipment kept on any lot for use in construction of any building or room addition on said lot for which necessary building permits have been obtained and are in force, provided that such storage is neat and orderly and does not exceed an area equal to the gross floor area of the building or addition under construction.

(b) Items used periodically or continuously on the property by the residents, such as outdoor furniture, trash or recycling cans or barrels, equipment for maintenance of the property and outdoor cooking equipment and recreational equipment accessory to the principal use.

(c) Operative vehicles and the items placed on them, provided that such vehicles are accessory to the principal use and are owned by the resident of the property on which they are parked. Refer to Chapter 247, Property Maintenance, § 247-1, of this Code.

(d) Firewood, if stored in a neat and orderly manner in one location on the lot.

B. Commercial and industrial districts.

(1) It is the intent of this section to enhance and secure the aesthetic quality of the district by requiring that the view to areas dedicated for the storage of materials and refuse containers, from adjoining properties and public streets, be screened.

(2) Outdoor storage of any materials, other than motor vehicles in operable condition, is strictly prohibited unless prior written approval has been granted by the Village Board. Such consensual storage of materials shall, at all times, be subject to the ongoing control of the municipality. The Village reserves the right to withdraw this consent at any time for reasonable cause.

(3) No loading or storage areas are permitted on building sides facing public streets without first obtaining the express written consent of the Village of Balsam Lake.

(4) All storage of materials, equipment, parts or inventory shall occur within completely enclosed structures that meet the standards set out in § 300-12G, General building requirements, if proposed within the Industrial District. All storage of materials, equipment, parts or inventory within the VCC, HC and RSC Districts shall occur behind screening.

(a) The following methods and standards for visual screening are strongly encouraged:

[1] Greenbelt planting screens shall consist of evergreen trees and/or deciduous trees and plants. Plantings shall be of sufficient width and density to provide an effective visual screen from the ground to a minimum of six feet in height.

[2] Earth mounding or berms may be used to achieve no more than 36 inches of the required screening height. The planting plan, which must indicate mounding, berming and the type of plantings, requires the written approval of the Planning Commission and the Village Board.

[3] Screening fences shall be constructed of masonry, brick, or wood to provide a solid screening effect to at least six feet in height. All proposals for screening fences require the written approval of the Planning Commission and the Village Board.

(b) Planning Commission and Village Board approval for screening proposals within any commercial or industrial district is required.

(5) Refuse collection areas. All outdoor refuse collection areas shall have concrete or blacktop floors and shall be sufficient in size to contain all refuse generated on each lot. No refuse collection area shall be permitted between a street and the front of a building unless it has a screening fence which is constructed of masonry, brick, or wood to provide a solid screening effect to at least six feet in height.

§ 300-18 Fences.

A. Fences defined (see also § 300-36, Definitions). For the purpose of this section, the following terms shall have the meanings indicated:

ARCHITECTURAL OR AESTHETIC FENCE

A fence constructed to enhance the appearance of the structure or the landscape.

BOUNDARY FENCE

A fence placed on the property lines of adjacent properties.

FENCE

An enclosed barrier consisting of wood, stone or metal intended to prevent ingress or egress. No fence shall be constructed of unsightly or dangerous materials which would constitute a nuisance.

PROTECTIVE FENCE

A fence constructed to enclose a hazard to the public health, safety and welfare.

B. Construction. Every fence shall be constructed in a substantial, workmanlike manner and of material reasonably suited for the purpose for which the fence is proposed to be used. Link fences shall be constructed in such a manner that no barbed ends shall be at the top except for limited outdoor storage areas.

C. Location; heights.

(1) On corner lots in all districts, no fence or planting in excess of 30 inches above the street center-line grade shall be permitted within a thirty-foot radius of the lot corner nearest the intersection of the projected curblines of two intersecting streets.

(2) Fences in all districts shall not exceed four feet in height unless prior approval, in writing, is provided by the Village Board.

D. Setback for fences. Fences erected within the Village shall be three feet inside of the property line or closer if there is a written, recorded agreement between the adjacent property owners.

E. Security fences. Security fences are permitted on the property lines in all districts except residential districts but shall not exceed 10 feet in height and shall be of an open type similar to woven wire or wrought iron fencing.

F. Prohibited fences. No fence shall be constructed which conducts electricity or is designed to electrically shock or which uses barbed wire; provided, however, that barbed wire may be used in industrially zoned areas if the devices securing the barbed wire to the fence are 10 feet above the ground in height and project toward the fenced property and away from any public area. Barb wire or barb wire fence is permitted only within an agricultural district or on an agricultural district boundary line.

G. Fences to be in good repair. All fences shall be maintained and kept safe and in a state of good repair, and the finished side or decorative side of a fence shall face adjoining property.

H. Temporary fences. Fences erected for the protection of planting or to warn of construction hazard, or for similar purposes, shall be clearly visible or marked with colored streamers or other such warning devices at four-foot intervals. Such fences shall comply with the setback requirements set forth in this section. The issuance of a permit shall not be necessary for temporary fences as described herein, but said fences shall not be erected for more than 45 days.

I. Nonconforming fences. Any fence existing on the effective date of this chapter and not in conformance with this section may be maintained, but any alteration, modification or improvement of said fence shall comply with this section.

§ 300-19 Swimming pools.

A. Definitions. A private or residential swimming pool is an outdoor structure containing a body of water in a receptacle or other container having a depth for water at any point greater than 1 1/2 feet located above or below the surface or ground elevation, used or intended to be used solely by the owner, operator or lessee thereof and his family, and by friends invited to use it, and includes all structural facilities, appliances and appurtenances, equipment and other items used and intended to be used for the operation and maintenance of a private or residential swimming pool.

B. Exempt pools. Storable children's swimming or wading pools, with a maximum dimension of 15 feet and a maximum wall height of 15 inches and which are so constructed that they may be readily disassembled for storage and reassembled to their original integrity, are exempt from the provisions of this section.

C. Permit required. Before work is commenced on the construction or erection of private or residential swimming pools or on any alterations, additions, remodeling or other improvements, an application for a swimming pool building permit to construct, erect, alter, remodel or add must be submitted in writing to the Building Inspector. Plans and specifications and pertinent explanatory data should be submitted to the Building Inspector at the time of application. No work or any part of the work shall be commenced until a written permit for such work is obtained by the applicant. The minimum building permit fee pursuant to the Village Building Code[1] shall accompany such application.

[1] Editor's Note: See Ch. 122, Building Construction and Fire Prevention.

D. Construction requirements. In addition to such other requirements as may be reasonably imposed by the Building Inspector, the Building Inspector shall not issue a permit for construction unless the following construction requirements are observed:

(1) All materials and methods for construction in the construction, alteration, addition, remodeling or other improvements and pool installation shall be in accord with all state regulations and codes and with any and all ordinances of the Village now in effect or hereafter enacted.

(2) All plumbing work shall be in accordance with all applicable ordinances of the Village and all state codes. Every private or residential swimming pool shall be provided with a suitable draining method, and in no case shall waters from any pool be drained into the sanitary sewer system or onto lands of other property owners adjacent to that on which the pool is located or in the general vicinity.

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

E. Setbacks and other requirements.

(1) Private swimming pools shall be erected or constructed on rear or side lots only, and only on a lot occupied by a principal building. No swimming pool shall be erected or constructed on an otherwise vacant lot. A lot shall not be considered vacant if the owner owns the contiguous lot and said lot is occupied by a principal building.

(2) No swimming pool shall be located, constructed or maintained closer to any side or rear lot line than is permitted in this chapter for an accessory building, but in no case shall the waterline of any pool be less than five feet from any lot line.

F. Fence.

(1) Pools within the scope of this section which are not enclosed with a permanent building shall be completely enclosed by a fence of sufficient strength to prevent access to the pool or shall have a cover or other protective device over such swimming pool of such a design and material that the same can be securely fastened in place and when in place shall be capable of sustaining a person weighing 250 pounds. Such cover or protective device shall be securely fastened in place at all times when the swimming pool is not in actual use for swimming or bathing purposes. Such fence or wall shall be not less than four feet in height and so constructed as not to have voids, holes, or openings larger than four inches in one dimension. Gates or doors shall be kept locked while the pool is not in actual use.

(2) The pool enclosure may be omitted where portable pools are installed above ground and have a raised deck around the entire pool perimeter with an attached enclosed railing or uncovered sidewalls a minimum of 36 inches high, provided that ladder or stair access can be restricted.

G. Compliance. All swimming pools existing at the time of passage of this chapter not satisfactorily fenced shall comply with the fencing requirements of this section when water is placed in the pool.

H. Draining and approval thereof. No private swimming pool shall be constructed so as to allow water therefrom to drain into any sanitary sewer or septic tank nor to overflow upon or cause damage to any adjoining property. Provisions may be made for draining the contents of any swimming pool into a storm sewer, but such installation shall be subject to prior approval by the Building Inspector.

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

J. Dirt bottoms prohibited. All swimming pools of a permanent nature shall have the sides and bottom of a smooth finish, and no sand or dirt bottom shall be permitted.

§ 300-20 Accessory buildings, structures and uses.

Any accessory use or structure shall conform to the applicable regulations of the district in which it is located, except as specifically otherwise provided.

A. Placement restrictions in residential districts. An accessory use or structure in a residential district may be established subject to the following regulations:

(1) Accessory building number limits. In any residential district, in addition to the principal building and a detached garage or attached garage, there may be one additional accessory building per 1/2 acre of lot.

(2) Accessory building size limits. No attached accessory building or structure shall exceed the height of the principal building or structure.

(3) Attached garage and accessory buildings. All accessory buildings which are attached to the principal building shall comply with the yard requirements of the principal building.

(4) Detached accessory buildings. Accessory buildings which are not a part of the main building shall not occupy more than 30% of the area of the required rear yard and shall not be more than 20 feet high. The building shall comply with setbacks of the zone in which it is located. An accessory building shall not be nearer than 10 feet to the principal structure unless the applicable Building Code regulations in regard to fire-resistive construction are complied with. In no event can the accessory uses or structures be forward of the front line of the principal structure.

(5) Accessory building yard requirements. Accessory building yard requirements shall be as prescribed for each zoning district.

(6) Detached garages. Detached garages shall not exceed the area requirements found in the standards for each zoning district, and the roof pitches shall not exceed the steepest pitch of the principal structure. The total lot coverage shall not exceed the total allowed as set forth in the zoning district where the garage will be located. Total lot coverage shall include all buildings located on the lot.

(7) Carports. Carports must meet all requirements of attached or detached garages. However, carports constructed in mobile home parks that exist on the date this chapter was passed may have the following allowance: the carport can be in the front of the mobile home and must have a front yard setback of 10 feet.

B. Use restrictions, residential districts. Accessory uses or structures in residential districts shall not involve the conduct of any business, trade or industry except for home occupations as defined and authorized herein and shall not be occupied as a dwelling unit.

C. Use restrictions, nonresidential districts. An accessory use or structure in a commercial or industrial district may be established in the rear yard or side yard and shall have setbacks as prescribed in each zoning district.[1]

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

D. Reversed corner lots. When an accessory structure is located on the rear of a reversed corner lot, it shall not be located beyond the front yard required on the adjacent interior lot to the rear, nor nearer than five feet to the side line of the adjacent structure.

E. Landscaping and decorative uses. Accessory structures and vegetation used for landscaping and decorating may be placed in any required yard area. Permitted structures and vegetation include flagpoles, ornamental light standards, lawn furniture, sundials, birdbaths, trees, shrubs and flowers and gardens.

F. Temporary uses. Temporary accessory uses such as real estate sales field offices or shelters for materials and equipment being used in the construction of the permanent structure may be permitted by the Zoning Administrator and shall be removed within 30 days of occupancy of the project.

G. Garages in embankments in front yards. Where the mean natural grade of a front yard is more than eight feet above the curb level, a private garage may be erected within the front yard, following approval by the Village Board, provided that:

(1) Such private garage shall be located not less than five feet from the front lot line;

(2) The floor level of such private garage shall be not more than one foot above the curb level; and

(3) At least 1/2 the height of such private garage shall be below the mean grade of the front yard.

H. Outdoor lighting. Outdoor lighting installations shall not be permitted closer than three feet to an abutting property line and, where not specifically otherwise regulated, shall not exceed 15 feet in height and shall be adequately shielded or hooded so that no excessive glare or illumination is cast upon the adjoining properties.

I. Lawn accessories. Walks, drives, paved terraces, patios, platforms, and purely decorative garden accessories such as pools, fountains, statuary, flagpoles, etc., shall be permitted in setback areas but not closer than three feet to an abutting property line other than a street line. Walks, paved terraces, platforms, patios, and drives cannot extend more than six inches above the average ground level without a permit.

J. Retaining walls. Retaining walls may be permitted anywhere on the lot; provided, however, that no individual wall shall exceed three feet in height, and a terrace of at least three feet in width shall be provided between any series of such walls and provided further that along a street frontage no such wall shall be closer than three feet to the property line.

§ 300-21 Performance standards.

A. Performance standards are the permitted levels of operational characteristics resulting from process or other uses of the property. Continuous compliance with the following performance standards is required of all uses:

(1) Objectionable factors. To protect the public health, safety, comfort and welfare, the following must be maintained at levels which are neither objectionable nor readily detectable at the point of measurement when the use is in normal operation. The point of measurement is at the lot or ownership line surrounding the use.

(a) Smoke, odors, vapors, gases, acids, fumes, dust, dirt, fly ash or other forms of air pollution.

(b) Vibration, pulsations or similar phenomena.

(c) Glare or heat.

(d) Electrical disturbance.

(2) Noise. There shall be no persistent noise or vibration over 70 decibels emanating from any unsanctioned activities beyond the boundaries of the immediate site determined to be a nuisance. Sirens, whistles and bells which are maintained and utilized solely to serve a public purpose are exempt from the sound level standards of this section.

(3) Hazardous materials. Land or buildings must not be used or occupied in a manner that creates any fire, explosive or other hazard. All activities involving the use or storage of combustible, explosive, caustic or otherwise hazardous materials must comply with all applicable local and national safety standards and must be provided with adequate safety devices against the hazard of fire and explosion and adequate fire-fighting and fire-suppression equipment in compliance with county fire prevention regulations. The burning of waste materials in open fires without written approval of the local Fire Department is prohibited.

(4) Liquid and solid wastes. Liquid or solid wastes discharged from the premises shall be properly treated prior to discharge so as not to contaminate or pollute any watercourse or groundwater supply or interfere with bacterial processes in sewage treatment. The disposal or dumping of solid wastes such as slag, paper and fiber wastes, or other industrial wastes is not permitted on any premises.

B. Exceptions. Exceptions to these regulations may be made during brief periods for reasonable cause, such as breakdown or overhaul of equipment, modification or cleaning of equipment, temporary construction activities during daylight hours, or other similar reason, when it is evident that such cause was not reasonably preventable.

C. Compliance with performance standards.

(1) All manufacturing uses listed in the permitted use and conditional use classifications must give evidence of their ability to comply with the performance standards. No zoning permit, building permit or certificate of occupancy shall be issued prior to receipt of this evidence.

(2) Continued compliance with these performance standards will be required during the operation of the allowed use.

(3) No use that is already established as of the date this chapter is adopted will be altered to conflict with or further conflict with the performance standards.

§ 300-22 Sign requirements.

No sign may be located, erected, moved, reconstructed, extended, enlarged, converted or structurally altered without a building permit. All signs must meet the structural requirements of Chapter 122, Building Construction and Fire Prevention, of this Code. All proposed signs shall be reviewed by the Zoning Administrator and are subject to approval prior to placement, except those identified as exempt in Subsection B, Signs exempt from obtaining a permit. To promote compatible signage throughout the development, signage should be an integral part of the overall building concept.

A. Prohibited signs. Prohibited signs in the Village of Balsam Lake include, but may not be limited to:

(1) Portable signs.

(2) Roof signs.

(3) Revolving or moving signs.

(4) Beacons.

(5) Flashing and blinking signs.

[Amended 5-6-2019 by Ord. No. 2019-02]

(6) Stringed flags.

(7) Signs located in public rights-of-way.

(8) Signs or posters attached to trees, fences, utility poles, or other permanent supports.

(9) Unsafe or dangerous signs.

(10) Signs with fluorescent colors.

(11) Signs painted on walls or fences.

(12) Off-premises commercial advertising signs or billboards.

(13) Private signs on public property for more than three days.

B. Signs exempt from obtaining a permit.

(1) In commercial and industrial areas (I, HC, RSC and VCC):

(a) Window signs painted on the window or affixed to the interior of a window, provided that such sign does not occupy more than 20% of the area of the window in which it is displayed. If the sign exceeds 20% of the area of the window, it will be considered a window sign and subject to window sign requirements.

(2) In all zones, the following signs do not require a permit:

(a) Bulletin boards for public, charitable or religious institutions that do not exceed eight square feet in area located on the premises.

(b) Memorial signs. Tablets, names of buildings and dates of erection are allowed when cut into any masonry surface or when constructed of metal and affixed flat against a structure.

(c) Official signs, such as traffic control, parking restrictions, information and notices placed by or on behalf of any federal, state, county or Village government.

(d) Incidental signs. A sign, generally informational, that has a purpose secondary to the use of the zone lot on which it is located, such as "No Parking," "Entrance," "Loading Only" and other similar directives. No sign with a commercial message which is designed with the intent to be legible from a position off the zone lot on which the sign is located shall be considered incidental.

(e) Temporary, nonilluminated signs, including real estate sale, model home, open house, garage sale, thrift sale, auction/estate, and noncommercial signs such as political support and community event signs are allowed without a permit. Such signs, however, shall not exceed six square feet in total area and shall not stand more than five feet above grade. In the case of a noncommercial temporary sign, the display period shall not exceed 30 days. Any temporary commercial sign must be removed within seven days following completion of the sales event. The following exceptions are allowed:

[1] Construction signs: 100 square feet maximum in commercial or industrial districts; 10 square feet maximum in residential districts; shall stand no longer than 60 days after construction is complete.

[2] "For Sale" or "For Lease" signs: 32 square feet maximum in commercial or industrial districts; 10 square feet maximum in residential districts; under six square feet does not require a permit; shall stand no more than seven days after sale or lease is recorded.

[3] Special event signs, including banners, tethered balloons, inflatable signs and other similarly bold signage: 32 square feet maximum; shall be displayed for a consecutive period not to exceed 15 days or a maximum of 30 days per year.

[4] "Grand Opening" signs: 32 square feet maximum; shall be displayed for a period not to exceed 30 days.

C. Signs allowed in commercial and industrial districts upon issuance of a sign permit (VCC, HC, RSC and I).

(1) Wall signs. "Wall sign" is defined as any sign attached parallel to, but within six inches of, a wall, painted on the wall surface, or erected and confined within the limits of an outside wall or structure, which is supported by such wall or building and which displays only one sign surface.

(a) Wall signs should not exceed a total signage allowance of one square foot of sign per linear foot of building frontage (minus any area devoted to freestanding or projecting signs). The sign shall not be placed above the mark at 12 feet above the mean center-line street grade.

(b) Canopy and awning signs are classified as wall signs.

(c) Lots fronting onto two main streets are permitted an additional 35% of the permitted wall sign area for each subsequent building frontage.

(2) Projected signs. "Projected sign" is defined as a sign affixed to a building or wall in such a manner that its leading edge extends more than six inches beyond the surface of such building or wall.

(a) Projected signs shall not exceed eight square feet in area and must not extend more than four feet from the building. Projected signs must provide a minimum sidewalk clearance of eight feet.

(b) Projected signs are prohibited in the Industrial District of the Village of Balsam Lake.

(c) Only one projected sign is allowed per business tenant in all commercial districts.

(3) Ground signs. A ground sign is a freestanding sign supported by structures or supports that are placed on or anchored in the ground and that are independent from any building or other structure. One ground sign not to exceed 35 square feet in area is allowed per business tenant. A ground sign must be set back at least five feet from the lot line and should not exceed five feet in height. A pole-style ground sign must be set back at least 15 feet, with a maximum height of 12 feet. Pole-style ground signs are conditional uses in VCC and RSC Commercial Districts.

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

(4) Combination of signs. A combination of no more than two sign types is allowable (wall sign, projected sign or ground sign) on any street frontage for any one business establishment. Each sign must meet the requirements for the individual sign type.

(5) Distance. All signs must advertise, promote or represent only establishments, goods or services located or sold or manufactured within 100 feet and which share the same lot as the sign that advertises them.

(6) Fluctuating signs.

[Added 5-6-2019 by Ord. No. 2019-02]

D. Signs allowed in residential areas upon issuance of a sign permit (VR, RD and WD).

(1) Subdivision identification signs. For residential subdivisions consisting of more than four residential units, no more than one ground sign/neighborhood identification sign per development entrance will be permitted. Each sign must not exceed 16 square feet or five feet in height from the finished grade. The sign must be set back at least five feet from the property line.

(2) Signs appurtenant to residential conditional uses. Commercial uses in a residential district that have been reviewed and approved through the conditional use process, for example, home occupations, shall be permitted one wall sign that shall not exceed four square feet in area. Ground signs and projected signs are not allowed in residential areas unless they are temporary and meet the requirements of the following subsection.

(3) Temporary signs. Temporary signs that exceed six square feet in total area and, if freestanding, stand more than five feet above grade require a sign permit. No more than one such sign is allowed per street frontage, and that sign must be located within the setback.

E. Requirements for all districts. Signs must not mimic the shape, size, form or color of railroad or traffic signs. Signs must not obstruct or interfere with the effectiveness of railroad or traffic signs. No sign shall be erected, relocated or maintained so as to prevent free ingress or egress from any door, window or fire escape, and no sign shall be attached to a standpipe or fire escape. No sign shall be placed so as to obstruct or interfere with traffic visibility.

F. Application for sign permit. An application for a sign permit must be submitted to the Zoning Administrator at the Village Hall. The application must contain sufficient information and plans to permit review pursuant to this chapter, including but not limited to building elevations; photographs; proposed locations of signs on building elevations; sign design layout showing the number, font style and dimensions of all signs; and a site plan showing the proposed location of all signs.

G. Sign maintenance. All signs must be continuously maintained in a state of security, safety and repair. If any sign is found not to be so maintained or is in need of repair, it shall be the duty of the owner and the occupant of the premises to repair or remove the sign within 10 days after receiving written notice from the Zoning Administrator. If the sign is not repaired or removed, the Zoning Administrator may have the sign removed at the expense of the owner of the premises.

H. Nonconforming signs.

(1) All signs which were legally permitted prior to adoption of this chapter are considered legal, permitted signs under this chapter. If nonconforming, however, such signs may not be:

(a) Replaced, except with a conforming sign.

(b) Changed in copy (except signs specifically designed to allow copy change).

(c) Structurally altered to extend the life of the sign.

(d) Expanded, moved or relocated.

(2) No legal, nonconforming sign may be altered or enlarged in any way which increases its nonconformity. Any existing signage may be altered to reduce its nonconformity.

(3) Any lot with a nonconforming sign may not add additional signage until all signs on the lot are brought into conformance with this chapter.

H1. 

Off-premises business directional signs.

[Added 2-2-2009 by Ord. No. 2009-01[1]; amended 6-4-2012 by Ord. No. 2012-02]

A. Definition. An off-premises business directional sign shall identify a business and will be for directional purpose only, not to promote. The arrow will point in the direction of the location of the business or governmental entity.

B. Location(s):

(1) The Village Board approved the following location(s) for off-premises signs:

(a) Highway 46 North Boat Landing.

(b) Four Corners (Polk County Government Center).

(c) Main Street and County Road I East.

(d) Juneberry Park.

(2) The signs will be attached to a green steel post at the approved locations.

C. Sign permit. The business or governmental entity will submit an application for the sign permit. The Village Board shall review all submitted applications for approval. The cost of the sign will be paid for by the business or governmental entity.

D. Sign requirements.

(1) Each business/governmental entity shall be required to obtain an approved sign permit for each single sign.

(2) All signs under this section shall comply with § 300-22A and E and all state, county and local signage laws.

(3) Each business/governmental entity may have one business/governmental directional sign per location, with one listed business/governmental entity per sign.

(4) All business/governmental entity directional signs shall be purchased through the Chamber of Commerce for uniform consistency. The signs shall be constructed of nautical blue aluminum and will be six inches wide and 36 inches long, with silver raised polished metal block letters in the shape of a canoe paddle.

[1] Editor's Note: This ordinance also provided an effective date of 2-13-2009.

I. Violations and penalties.

(1) Failure to comply with this chapter after being notified in writing by the Zoning Administrator will result in any or all of the following actions by the Zoning Administrator or any authorized Village official on behalf of the Village:

(a) Maintain a civil action to prevent an unlawful sign use from occurring, to prevent its continuance or to restrain, correct, or abate any violation of the sign regulations.

(b) Directly issue and/or submit to the proper court for filing and processing an appropriate complaint charging a violation of this chapter.

(2) Any person owning, leasing, erecting or controlling any sign in violation of the provisions of this chapter shall be subject to a penalty as provided in § 300-34 of this chapter. Each day that the violation exists shall constitute a separate offense.

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

§ 300-23 Nonconforming uses, structures and lots.

A. Existing nonconforming uses.

(1) The legal, nonconforming use of a structure or land use existing at adoption or amendment of this chapter may be continued although the use does not conform to the provisions of this chapter.

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

(2) The structure occupied by a nonconforming use cannot be extended, enlarged, reconstructed, substituted, moved or structurally altered unless required to do so by law or unless the structure is concurrently brought into compliance with this chapter.

(3) Total lifetime structural repairs or alterations to a nonconforming structure cannot exceed 50% of the fair market value of the structure at the time of its becoming a nonconforming use unless it is permanently changed to conform to the use provisions of this chapter.

(4) The replacement of equipment may be permitted by the Zoning Board of Appeals if such equipment creates a more compatible environment with neighboring uses.

B. Abolishment or replacement.

(1) If a nonconforming use is discontinued for a period of 12 months, any future use must conform to this chapter.

(2) If a nonconforming structure is damaged by calamity requiring over 50% of its current fair market value to restore, it shall be restored in compliance with this chapter.

(3) A current file of all nonconforming uses will be maintained by the Building Inspector. Each entry must identify the following:

(a) Owner's name and address.

(b) Address of the property containing the nonconforming use.

(c) Use of the structure or land.

(d) Assessed value and fair market value at the time that it became a nonconforming use.

C. Existing nonconforming structures. A lawful nonconforming structure existing at the time that this chapter is adopted or amended may be continued. However, it cannot be extended, enlarged, reconstructed, moved or structurally altered except to comply with the requirements of this chapter, unless it has been required to do so by law.

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

D. Changes and substitutions.

(1) Once a nonconforming use has been changed to conform to the requirements of this chapter, it cannot revert back to its former nonconforming use.

(2) Once the Zoning Board of Appeals has permitted the substitution of a more restrictive nonconforming use for an existing nonconforming use, the former use loses its legal nonconforming use status.

E. Substandard lots.

(1) In any residential district, a one-family detached dwelling and its accessory structures may be erected on any legal parcel, so long as the parcel was of record in the County Register of Deeds office prior to the date of adoption of or amendment to this chapter.

(2) If abutting land and the substandard lot are under the same ownership, the substandard lot shall not be used without fully complying with the requirements of this chapter.

(3) If the substandard lot is not owned by abutting landowners, district requirements must be complied with unless a variance is received.

(4) After adoption of this ordinance,[1] no lot area shall be so reduced that the dimensional and yard requirement required by this ordinance cannot be met. Lots existing and recorded prior to adoption of this ordinance, but of substandard size, may be devoted to uses permitted in the district in which located.

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

[1] Editor's Note: "This ordinance" refers to Ord. No. 2008-05, adopted 3-3-2008. See § 300-7H(2)(b)[1][a] and [2][a].

(5) ) If two or more substandard lots with continuous frontage have the same ownership as of the effective date of this ordinance,[2] the lots involved shall be considered to be an individual parcel (one) for the purposes of this ordinance. Existing lots having 100 feet of frontage are exempt from this provision. Existing lots with less than 100 feet must be combined to meet the minimum requirement of this ordinance.

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

[2] Editor's Note: "This ordinance" refers to Ord. No. 2008-05, adopted 3-3-2008.

§ 300-24 Conditional uses and structures.

A. General standards. No conditional use permit (CUP) will be granted unless the Planning Commission/Village Board finds that:

(1) The conditional use in no way endangers or is detrimental to the public health, safety, morals, comfort or general welfare of the community.

(2) The conditional use will not be injurious to the use and enjoyment of other property in the immediate vicinity nor substantially diminish and impair property values within the neighborhood.

(3) The conditional use will not impede the normal and orderly development of the surrounding property for uses permitted in the district.

(4) Adequate measures have been or will be taken to provide access to and from the site that minimizes traffic congestion in the public streets.

(5) The conditional use, in all other respects, conforms to the applicable regulations of the district in which it is located.

B. Conditions. The Planning Commission/Village Board may find that conditions relating to any of the following must be met in order for the conditional use to meet the intent and spirit of this chapter:

(1) Landscaping.

(2) Architectural design.

(3) Type of construction.

(4) Construction commencement and completion dates.

(5) Sureties.

(6) Lighting.

(7) Fencing.

(8) Planting screens.

(9) Operational control.

(10) Hours of operation.

(11) Improved traffic circulation.

(12) Deed restrictions.

(13) Highway access restrictions.

(14) Increased yards or parking requirements.

C. Permit. The Village Board may authorize the Zoning Administrator to issue a CUP after review and a public hearing. For application requirements for a CUP, reference § 300-31, Zoning permits for conditional uses.

D. Effect of denial. Within the first year following the date of denial, a denied application for a CUP will not be reconsidered unless the Zoning Administrator finds validity in new evidence suggesting a change in conditions.

E. Expiration of conditional use. If the conditional use is not established within one year following its approval, the CUP will be considered null and void. This action will occur without any action by the Planning Commission.

F. Submission requirements for a conditional use permit. Reference § 300-31, Zoning permits for conditional uses.

§ 300-25 Planned unit developments.

Planned unit developments (PUDs) are considered a conditional use in the Village Residential, Rural Development and Waterfront Development Districts. A successful applicant for a conditional use permit (CUP) for a PUD may be allowed to modify the lot size, setback and yard requirements of the district in which the development falls. All other district requirements shall be complied with, as well as any fire, building or electrical codes and applicable subdivision regulations.[1] Submission and procedural requirements for consideration of a PUD are found in § 300-31.

A. PUDs of the following nature are allowed in these districts:

(1) Village Residential.

(a) One-family, two-family, multifamily and condominium PUDs.

(2) Waterfront Development.

(a) One-family, two-family and condominium PUDs.

(3) Rural Development.

(a) One-family, two-family, multifamily and condominium PUDs.

(b) Cluster, open space residential development (considered a special PUD).

B. In order for a CUP to be awarded to the developer of a PUD, the following performance standards must be met:

(1) The tract to be developed must be least 10 acres if the PUD proposes one-family or two-family dwellings or at least five acres if the PUD proposes condominiums or multifamily dwellings. Cluster, open space residential development requires a minimum of four acres.

(2) The tract to be developed must be under single or corporate ownership.

(3) The district regulations for building height and overall density must be met.

(a) Village Residential. Height: 35 feet maximum; four dwelling units per acre maximum.

(b) Waterfront Development. Height: 35 feet maximum; 1.5 dwelling units per acre maximum.

(c) Rural Development. Height: 35 feet maximum; three dwelling units per acre for sewered lots and 0.5 dwelling unit per acre for nonsewered lots.

(4) A certificate attested by the Village Engineer showing the availability of adequate sewer and water is present.

(5) A certificate attested by the Village Engineer showing the suitability of the site for private septic and well.

(6) Adequate draining of the site is achieved while environmental disturbance is minimized.

(7) Traffic circulation and functional needs are met.

(8) Vehicular circulation pattern is pedestrian friendly.

(9) Design of open space and its relationship to housing is able to provide easy access while maintaining privacy.

(10) No structure containing a residential unit can be more than 200 feet from where a fire truck can be operated.

(11) Adequate exterior lighting is provided.

(12) Adequate trees and shrubs are provided where not currently existing.

(13) Evidence that the applicant has bonded to a contractor to provide the improvements indicated in the plan.

(14) For one-family, two-family or condominium developments, evidence must be shown that adequate deed restrictions are present to ensure the proper maintenance, care and preservation of any common areas. These common areas might include, but may not be limited to, common green space/open space areas, trails, structures, facilities, and utilities. These arrangements must be shown to hold through the deeds of the original owners and all subsequent owners of property within the development.

(15) For a multifamily PUD, the property owner/developer must provide evidence that the recreational/green space/open space has been deeded to the Village or has a covenant binding on all future ownership.

C. In reviewing sketch plans, preliminary plans or final plans, the Village Board and Planning Commission may seek technical assistance from such resources as they deem necessary. Any modifications to the final plan shall be made only by agreement between the developer and the Village.

D. Zero lot line or common wall single-family-unit PUDs. For all attached zero lot line or common wall construction single-family, duplex or townhouse dwellings allowed in a PUD, the following requirements apply:

			Yard Setbacks (feet)
	Lots		Front		Rear
Zero Lot Line or Common Wall Construction	Width (feet)	Area (square feet)	Min.	Max.	Min.	Max.	Side	Height (feet)
	40 minimum	6,000 minimum per unit	20	na	20	na	0 onone side and 6 on the other side; if on a corner lot a minimum of 12	Maximum 35

(1) Garages: one private garage with up to two stalls per dwelling unit, not exceeding 312 square feet per stall.

(2) Percent of lot coverage: must be consistent with requirement of the district.

(3) Floor area per dwelling unit: minimum 840 square feet per dwelling unit.

(4) Construction requirements. For all attached zero lot line or common wall construction duplexes and townhouses containing single-family dwellings, each unit shall have separate sewer and water lateral connections. The size, type and installation proposed to be constructed shall be in accordance with the plans and specifications approved by the Village Board, following a recommendation from the Planning Commission. A minimum one-hour fire-rated wall assembly division, separating living areas from the lowest level to flush against the underside of the roof, is required between each dwelling unit.

[1] Editor's Note: See Ch. 122, Building Construction and Fire Prevention, and Ch. 272, Subdivision of Land.

§ 300-26 Cluster development standards.

Cluster residential development is a conditional use permitted and encouraged in the Rural Development Zoning District. Residential development designed to meet the cluster development standards is intended to preserve the beauty, utility and character of the Balsam Lake area, which is defined by its open spaces, farmland, natural resources and topographic patterns. A successful recipient of a CUP allowing cluster development may be allowed to modify the lot size, setback and yard requirements of the Rural Development District. Limitations to these modifications are described below. All other district requirements shall be complied with as well as any fire, building or electrical codes and applicable subdivision regulations.[1]

A. Cluster development is encouraged in the Rural Development District because it:

(1) Maintains open fields.

(2) Preserves scenic vistas.

(3) Protects wildlife habitats.

(4) Retains natural vegetative buffers around water bodies or wetlands and along watercourses.

(5) Preserves historic sites.

(6) Provides recreational areas within preserved natural areas.

(7) Provides effective pedestrian circulation, including trail systems.

(8) Ensures that the common land abuts protected open space on adjoining parcels, where it exists.

B. Submission and procedural requirements for consideration of a cluster development are found in § 300-31. Any additional submission and procedural requirements are outlined below.

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

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

(3) Density requirements.

(a) One-family dwelling units and duplexes are allowed in cluster residential developments within the Rural Development District. A maximum density of three dwelling units per acre is allowed on any individual parcel within the cluster development. The cluster subdivision must consist of at least four acres unless the cluster development is found by the Planning Commission to be a logical extension of an existing or approved cluster development, in which case fewer dwelling units and acreage may be considered.

(b) The density requirement for conventional, unsewered lot development (0.5 dwelling unit per acre) applies in determining the number of dwelling units allowed in a cluster residential development. To encourage the preservation of open space as a result of clustered, open space residential development, the Village will allow a twenty-percent density bonus if the developer meets or exceeds the cluster development standards:

Example:

9 acres in total Allowable density = 0.5 du/acre 9 x 0.5 = 4 allowed du 4 x 20% = 0.8 = 1 bonus du Total du = 5 du

Example:

50 acres Allowable density = 0.5 du/acre 50 x 0.5 = 25 allowed du 25 x 25% = 5 bonus du Total du = 30 du

(4) Yard and lot requirements. The following guidelines apply:

	Lots		Yard Setbacks (feet)
Rural Development (RD)	Width (feet)	Area	Front Minimum	Rear Minimum	Side Minimum	Height (feet)
Clustered, open space development	70 to 150	1/2 acre to 1 acre	15	30	10	35 maximum
Lots not served by public sewer

(5) Minimum percentage of open space. The minimum percentage of land that shall be designated as permanent open space, not to be further subdivided, and protected through conservation easement held by a recognized land trust or conservancy is as follows:

(a) A minimum of 50% of the total tract area, after the following kinds of unbuildable land have been set aside:

[1] Wetlands and land that is generally inundated.

[2] All floodway and flood fringe within the one-hundred-year floodplain as indicated on FEMA maps.

[3] Land with slopes exceeding 25% or soils subject to slumping.

[4] Land required for street rights-of-way.

[5] Land under permanent easement prohibiting future development.

(b) All lands dedicated to permanent open space are restricted from further subdivision and development through a permanent conservation easement, in a form acceptable to the Village and duly recorded in the County Register of Deeds office.

(c) At least 25% of the minimum required open space must be suitable for active recreation purposes, but no more than 50% should be utilized for that purpose. The purposes for which open space areas are proposed must be documented by the applicant.

(6) Location of open space. The location of open space conserved through compact residential development should be consistent with the policies contained in the Open Space, Recreation and Environmental Resources Element of the Village Comprehensive Plan and its Proposed Land Use Plan.

(7) Ownership of open space.

(a) Public ownership. Cluster open space should be made available for the use of all residents of the public unless the Planning Commission finds that the size, location, type of development, or cost of development or maintenance of such open space would make public use undesirable or unnecessary.

(b) Private ownership. If cluster open space is not dedicated to public use, it must be protected by legal arrangements satisfactory to the Planning Commission and sufficient to ensure its maintenance and preservation. Covenants or other legal arrangements must specify:

[1] Ownership of the cluster open space.

[2] Method of maintenance.

[3] Responsibility for maintenance.

[4] Maintenance taxes and insurance.

[5] Compulsory membership and compulsory assessment provision.

[6] Guarantees that any association formed to own and maintain cluster open space will not be dissolved without the consent of the Planning Commission.

[7] Any other specification deemed necessary by the Commission.

(8) Evaluation criteria. An approved plan for a clustered development must provide for a total environment better than that which could be achieved under standard regulations. If, in the opinion of the Planning Commission, the proposed plan could be improved in respect to the criteria listed below, the plan must be modified or denied. In responding to a proposed plan, the Planning Commission will give particular consideration to the following criteria:

(a) Individual lots, buildings, streets, and parking areas must be designed and situated to minimize alteration of the natural site features to be preserved.

(b) The usability of cluster open space intended for recreation or public use must be determined by the size, shape, topographic and location requirements of the purpose proposed for the site.

(c) Cluster open space shall include irreplaceable natural features located in the tract (such as, but not limited to, streambeds, significant stands of trees, wetlands, individual trees of significant size, and rock outcroppings).

(d) Cluster open space intended for recreational or public use must be easily accessible to pedestrians.

(e) The suitability of cluster open space intended for scenic value and purposes must be determined by its visibility from a significant number of buildings or length of public or private streets.

(f) Diversity and originality in lot layout and individual building design must be encouraged to achieve the best possible relationship between development and the land.

(g) Individual lots, buildings, and units shall be arranged and situated to relate to surrounding properties to improve the view from and the view of buildings and to lessen area devoted to motor vehicle access.

(9) Approval for cluster development. No cluster development can be constructed except in accord with the final site plan approved by the Village Board following the process described in § 300-31.

[1] Editor's Note: See Ch. 122, Building Construction and Fire Prevention, and Ch. 272, Subdivision of Land.

§ 300-27 Mobile home park standards. [1]

The following standards must be met by a mobile home park development proposal prior to award of a conditional use permit (CUP). In the Village of Balsam Lake, the Rural Development District is the only district which may allow a mobile home park development. The minimum acreage required for consideration of a mobile home park development is 10 acres. Submission and procedural requirements for consideration of a mobile home park are found in § 300-31.

A. Height, area and setback.

	Lots		Yard Setbacks (feet)
Mobile Home Lots	Width (feet)	Area (square feet)	Front Minimum	Rear Minimum	Side Minimum	Height (feet)
	40 minimum (25 on cul-de-sac)	4,000 minimum	25	5	5	Minimum distance between structure must be 10

B. Lot occupancy, parking and streets.

(1) Only one mobile home is permitted on any single mobile home lot. An off-street parking area that is at least 360 square feet must be provided for each mobile home lot.

(2) Each mobile home lot shall abut and have access to a street. The street must be constructed of at least two inches of bituminous surface material on at least four inches of suitable base material.

C. Utilities.

(1) Water facilities and sewage disposal shall be installed and maintained by the owner of the mobile home or by the homeowners' association of the mobile home park unless the Village accepts ownership. Such facilities must be constructed in accordance with state laws, the recommendations of the State Department of Health and Family Services and ordinances of the Village.

(2) All water systems within the mobile home park must be flushed twice each year. The annual period commences on July 1 of each year. The owner of the mobile home park, or a representative, must contact the Village Water Utility to schedule a time for the flushing of the system.[2]

[2] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

(3) All utility lines within the mobile home park must be buried.

(4) Fire hydrants must be placed throughout the mobile home park per the requirements of the State Fire Marshal.

D. Recreation areas. At least 5% of the total area of the mobile home park must be devoted to park and recreation purposes.

E. Construction standards. All mobile homes in the mobile home park must have been constructed to the requirements of the Mobile Home Building Code.

[1] Editor's Note: See also Ch. 210, Mobile Homes and Mobile Home Parks.

§ 300-27.1 Manufactured homes. [1]

All manufactured homes located in any residentially zoned district shall be supported by a permanent enclosed foundation constructed to standards as outlined in the Permanent Foundations Guide for Manufactured Housing (HUD 0007487) with the additions, insertions, deletions and changes, if any, as prescribed below:

A. Placement of manufactured homes without United States Department of Housing and Urban Development (HUD) approval shall require special approval of the Village Board, but under no circumstances shall an unapproved home serve as a year-round dwelling.

B. A manufactured home may be placed on a permanent foundation meeting the requirements of Ch. COMM 22 of the Wisconsin Uniform Dwelling Code if the home is constructed for such placement.

(1) A manufactured home may be placed on a permanent foundation meeting the requirements of Ch. COMM 22 of the Wisconsin Uniform Dwelling Code if the home is constructed for such placement.

(2) A manufactured home placed in a manufactured home park shall be governed by Chapter 210, Mobile Homes and Mobile Home Parks.

(3) The Building Inspector may waive the requirement for a design professional.

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 300-28 Standards for other specific uses.

A. Recreational vehicle (RV) parks and campgrounds.

(1) General.

(a) Travel trailer parks and campgrounds may be permitted as conditional uses only in the Waterfront Development and Rural Development Zoning Districts.

(b) The minimum size of a travel trailer park or campground shall be five acres, not to exceed 15 acres.

(c) The minimum percentage of the travel trailer park which must be kept in its natural state or be landscaped is 70%.

(d) The minimum site dimension for a single travel trailer or campsite should be 25 feet wide and 40 feet long.

(e) No travel trailer site or campsite may be occupied for a period that exceeds 30 consecutive days.

(f) No recreational vehicle shall be located less than 10 feet from any other recreational vehicle on an adjacent space.

(g) The maximum number of trailer spaces per net acre of land shall be 18, unless a lower number is specified in the CUP for the park.

(h) The distance from any picnic table to a toilet should be not less than 100 feet nor more than 300 feet.

(i) Parking shall be provided in accordance with § 300-15.

(j) There shall be a minimum yard setback of 40 feet at all lot lines of a travel trailer park or campground.

(k) The travel trailer park shall conform to the requirements of Ch. COMM 95, Wis. Adm. Code.

(2) Site design criteria.

(a) Each space should have a level, landscaped front yard area with picnic table and a grill or a campfire ring.

(b) The office should be located near the entrance, which should also be the exit.

(c) The site should be designed to accommodate both tent and vehicle campers and shall be designed so as to minimize conflicts between vehicles and people.

(d) Walls or landscaped earthen berms should be used to minimize noise from highway sources.

(e) Utility conduits shall be installed underground in conformance with applicable state and local regulations.

(f) Where needed to enhance aesthetics or to ensure public safety, a fence, wall, landscape screen, earth mound or other screening approved by the Planning Commission shall enclose the park.

(g) Each site plan should also incorporate a recreational or utility building, a laundry facility and an entrance sign, made from natural materials, which blends with the landscape.

(h) Each park shall be provided with sewer connections or dump stations or a combination thereof to serve the recreational vehicles.

(i) Each park may include a commercial establishment on site, not exceeding 500 square feet of floor area, for the sole use of park residents.

B. Animal hospitals. Animal hospitals must be located at least 100 feet from any residential district, restaurant, hotel or motel in any district and shall show that adequate measures and controls will be taken to prevent offensive odors and noise. No incineration of refuse will be permitted on the premises.

C. Home occupations. "Home occupation" is defined as any commercial activity conducted on or from a residential lot where such activity is clearly incidental and secondary to the use of the residential lot for dwelling purposes and the activity does not change the character of the residential use. Home occupations are permitted conditional uses in accordance with the following standards:

(1) No merchandise, produce or other materials or equipment shall be displayed for advertising purposes.

(2) No pedestrian or vehicular customer or delivery traffic shall be generated by the home occupation that exceeds normal levels or disrupts traffic patterns in the vicinity of the dwelling, as determined by the Planning Commission and Village Board.

(3) The use of electrical or mechanical equipment that would create visible or audible interference in radio or television receivers is prohibited.

(4) No mechanical equipment may be used which creates a disturbance such as noise, dust, or odor.

(5) A home occupation shall be conducted only by members of the household occupying the dwelling, with no more than one nonresident employee.

(6) Home occupations shall not occupy space required for other purposes (off-street parking, interior setbacks, etc.)

(7) For each dwelling unit, there shall be no more than one commercial vehicle parked on the property or the public right-of-way related to the home occupation. A vehicle with external lettering or other script pertaining to the home occupation is considered to be a commercial vehicle. Such lettering shall not divulge the dwelling's location.

(8) The existence of a home occupation shall not be evident beyond the boundaries of the property on which it is conducted. There shall be no internal or external alterations to the dwelling which are not customarily found in such structures.

(9) Home occupations involving the on-site use or storage of highly toxic materials are not permitted.

D. Golf courses and driving ranges.

(1) No structure shall be constructed less than 100 feet from any property line. Facilities such as restaurants and bars may be permitted when conducted and entered from within the building.

(2) Swimming pools, tennis courts and similar recreational amenities shall be located at least 25 feet from any property line. Adjoining property in any residential or commercial district shall be effectively protected by a wall, hedge and/or screen planting.

E. Animal facilities. Animal feed yards, animal sales yards, commercial kennels for dogs or cats, riding academies and public stables shall be located at least 200 feet from any property line. Such establishments shall provide automobile and truck egress and shall provide parking and loading spaces organized to minimize traffic hazard and congestion. The applicant must show that odor, dust, noise, and drainage will not constitute a nuisance or hazard to adjoining property or uses.

F. Drive-in theaters. Drive-in theaters shall be located only on major or secondary thoroughfares. Such establishments shall provide ingress and egress so designed as to minimize traffic congestion. Drive-in theaters shall be located sufficiently distant from any residence district and screened to the extent that noise produced by theater activities shall not disturb residents. Lighting associated with the theater function shall be designed in such a way as not to disturb neighboring residents.

G. Cemeteries and accessory structures. A cemetery, crematory, mausoleum, or columbarium shall provide entrance on a major street or road with ingress and egress designed to minimize traffic congestion. Such an establishment shall provide required off-street parking space and shall provide a minimum six-foot-high wall or minimum three-foot-thick, six-foot-high evergreen hedge or provide a minimum 20 feet of a permanently maintained planting strip on all property lines abutting any residential area.

H. Community buildings, social halls, lodges, fraternal organizations and clubs. All buildings must be a minimum of 20 feet from the side lot lines and 50 feet from the rear lot line. Any such use must be located on a major or secondary thoroughfare or be able to provide access without causing heavy traffic on local residential streets. Community buildings, private clubs, lodges, or social or recreational establishments may engage in retail sales for guests only, provided that there shall be no:

(1) External evidence of any gainful activity, however incidental, nor any access to space used for gainful activity other than from within the building.

(2) Harm to adjacent existing or potential residential developments due to excessive traffic generation or noise or other circumstances.

I. Nursing homes. Approval must be obtained from proper agencies concerning health and safety conditions, and said home must be licensed by such agencies.

J. Institutions. Hospitals, churches or other religious or eleemosynary institutions shall be located on a major street on a minimum parcel of 1/2 acre and shall maintain a ten-foot-wide minimum landscaped strip on all property lines abutting all residential districts or streets.

K. Day-care centers. A nursery school or day-care center for more than five children shall maintain a minimum six-foot-high fence combined with a minimum three-inch-wide shrub planting area on any property line abutting a residential district. A nursery school shall be located only on a minimum ten-thousand-square-foot lot and shall not produce excessive traffic on local residential streets.

L. Tract offices. A temporary tract office in any district shall be located on the property to which it is appurtenant and shall be limited to a six-month period, at the expiration of which time the applicant may request a further extension of time. Otherwise, the tract office shall be removed at the expense of the owner.

M. Extractions and deposits. The deposit on the earth of rock, stone, gravel, sand, earth, minerals or construction materials shall not be construed to be a permitted use in any district established by this chapter unless a zoning permit was first secured.

(1) The following defined deposits are exceptions:

(a) Construction materials and/or deposits from the excavation for the foundation of any building or for a swimming pool for which a zoning permit and a building permit have been issued.

(b) The grading of any parcel of land for a permitted use where no bank greater than 10 feet in vertical height is left or when less than 1,000 cubic yards of earth is removed from the premises.

(c) Excavations by any public agency or public utility for the installation, operation, inspection, repair or replacement of any of its facilities.

(2) Any quarry existing and operating on the effective date of this chapter shall obtain a new use permit and conform to the provisions of this chapter within one year of the adoption of this chapter.

(3) The Zoning Administrator shall make such inspections as he deems necessary or as are required by the Planning Commission to ensure that all work is in accordance with the use permit. All inspection services shall be paid for by the applicant at the actual cost to the Village.

(4) Conditions by which a permit is granted include those requirements necessary to protect the public health, safety, comfort, convenience or general welfare, but also:

(a) Insurance against liability arising from production or activities or operations incident thereto.

(b) Completion of the work and the cleaning up and planting in accordance with approved plans.

(c) Designation of the area in which work may be done.

(d) Designation of the slope to which excavation may be made or the grade of filling.

(e) Provisions for controlling dust.

(f) Hours during which operations may proceed.

(g) Precautions which must be taken to guide safe traffic movements in and around and by said operation.

(h) Enclosure by fences of exterior boundaries of property to be used.

(i) Posting of a good and sufficient bond to assure compliance with the use permit.

(j) Any other conditions deemed necessary by the Planning Commission.

§ 300-29 Protection of shoreland and watercourses. [1]

The purpose of this section is to prevent and control water pollution; to protect spawning grounds, fish and aquatic life; and to preserve shore cover and natural beauty. The provisions of this section apply to the shorelands of all navigable waters in the Village.

A. Building setbacks from the water. Reference the requirements of § 300-7, Waterfront Development.

B. Landscape maintenance at shoreline of private property. Reference the requirements of § 300-7, Waterfront Development.

C. Sewage disposal facilities. The seepage pits and soil absorption field will be set back at least 50 feet from the ordinary high-water elevation (OHWM). The Zoning Administrator, with the Department of Natural Resources (DNR), shall determine the OHWM where not yet established. The Zoning Administrator will also determine that the design, location and construction of private sewage disposal facilities are in compliance with the Village Code requirements.

D. Filling, grading and lagooning.

(1) "Wetland," for the purpose of this section, is defined as an area where groundwater is at or near the surface a substantial part of the year.

(2) A conditional use permit (CUP) shall be required for any filling or grading of the following:

(a) Any bed of a navigable body of water. In addition to the CUP, a permit will be required from the DNR or any other state agency having jurisdiction under §§ 30.11 and 30.12, Wis. Stats.

(b) Any area within 300 feet of horizontal distance from a navigable body of water and that has surface drainage toward the water and requires filling or grading:

[1] On slopes of 20% or more.

[2] Of greater than 1,000 square feet on slopes of 12% to 20%.

[3] Of greater than 2,000 square feet on slopes of 12% or less.

[4] Of greater than 500 square feet of any wetland contiguous to the water.

(3) A CUP will be required before constructing or commencing work on any artificial waterway, canal ditch, lagoon, pond, lake or similar waterway which is within 500 feet of the OHWM on any navigable body of water or where the purpose is the ultimate connection with a navigable body of water. Soil conservation practices used for sediment retardation are an exception and do not require a CUP.

(4) In granting a CUP for filling or grading, the Planning Commission may attach the following additional conditions:

(a) The amount of exposed earth and the length of exposure shall be minimized.

(b) Permanent ground cover, such as sod, shall be installed and preceded by temporary ground cover such as mulch.

(c) Methods to trap sediment shall be employed.

(d) Dredging must reach a firm bottom prior to filling.

(e) Dredging shall avoid fish trap conditions.

(f) Fill is stabilized according to acceptable engineering standards.

(g) Fill shall not restrict a floodway or destroy the storage capacity of a floodplain.

(h) Walls of a channel or artificial watercourse shall be stabilized to prevent slumping.

(i) Sides of channels or artificial watercourses shall be constructed with side slopes of 1:2 (rise to run) or less, unless vertical bulkheading is provided.

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).