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:
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.
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)
(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
| |
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]
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.
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.
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.
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.
(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.
A.
ARCHITECTURAL OR AESTHETIC FENCE
BOUNDARY FENCE
FENCE
PROTECTIVE FENCE
Fences defined (see also § 300-36, Definitions). For the purpose of this section, the following terms shall have the meanings indicated:
A fence constructed to enhance the appearance of the structure
or the landscape.
A fence placed on the property lines of adjacent properties.
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.
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.
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.
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.
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]
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:
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.
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.
(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.
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:
(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.
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.
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.
(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.
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:
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.
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.
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:
B.
In order for a CUP to be awarded to the developer
of a PUD, the following performance standards must be met:
(1)
The tract to be developed must be least 10 acres if
the PUD proposes one-family or two-family dwellings or at least five
acres if the PUD proposes condominiums or multifamily dwellings. Cluster,
open space residential development requires a minimum of four acres.
(2)
The tract to be developed must be under single or
corporate ownership.
(3)
The district regulations for building height and overall
density must be met.
(a)
Village Residential. Height: 35 feet maximum;
four dwelling units per acre maximum.
(b)
Waterfront Development. Height: 35 feet maximum;
1.5 dwelling units per acre maximum.
(c)
Rural Development. Height: 35 feet maximum;
three dwelling units per acre for sewered lots and 0.5 dwelling unit
per acre for nonsewered lots.
(4)
A certificate attested by the Village Engineer showing
the availability of adequate sewer and water is present.
(5)
A certificate attested by the Village Engineer showing
the suitability of the site for private septic and well.
(6)
Adequate draining of the site is achieved while environmental
disturbance is minimized.
(7)
Traffic circulation and functional needs are met.
(8)
Vehicular circulation pattern is pedestrian friendly.
(9)
Design of open space and its relationship to housing
is able to provide easy access while maintaining privacy.
(10)
No structure containing a residential unit can
be more than 200 feet from where a fire truck can be operated.
(11)
Adequate exterior lighting is provided.
(12)
Adequate trees and shrubs are provided where
not currently existing.
(13)
Evidence that the applicant has bonded to a
contractor to provide the improvements indicated in the plan.
(14)
For one-family, two-family or condominium developments,
evidence must be shown that adequate deed restrictions are present
to ensure the proper maintenance, care and preservation of any common
areas. These common areas might include, but may not be limited to,
common green space/open space areas, trails, structures, facilities,
and utilities. These arrangements must be shown to hold through the
deeds of the original owners and all subsequent owners of property
within the development.
(15)
For a multifamily PUD, the property owner/developer
must provide evidence that the recreational/green space/open space
has been deeded to the Village or has a covenant binding on all future
ownership.
C.
In reviewing sketch plans, preliminary plans or final
plans, the Village Board and Planning Commission may seek technical
assistance from such resources as they deem necessary. Any modifications
to the final plan shall be made only by agreement between the developer
and the Village.
D.
Zero lot line or common wall single-family-unit PUDs.
For all attached zero lot line or common wall construction single-family,
duplex or townhouse dwellings allowed in a PUD, the following requirements
apply:
|
Yard Setbacks
(feet)
| ||||||||
|---|---|---|---|---|---|---|---|---|
|
Lots
|
Front
|
Rear
| ||||||
|
Zero Lot Line or Common Wall
Construction
|
Width
(feet)
|
Area
(square feet)
|
Min.
|
Max.
|
Min.
|
Max.
|
Side
|
Height
(feet)
|
|
40 minimum
|
6,000 minimum per unit
|
20
|
na
|
20
|
na
|
0 onone side and 6 on the other side;
if on a corner lot a minimum of 12
|
Maximum 35
| |
(1)
Garages: one private garage with up to two stalls
per dwelling unit, not exceeding 312 square feet per stall.
(2)
Percent of lot coverage: must be consistent with requirement
of the district.
(3)
Floor area per dwelling unit: minimum 840 square feet
per dwelling unit.
(4)
Construction requirements. For all attached zero lot
line or common wall construction duplexes and townhouses containing
single-family dwellings, each unit shall have separate sewer and water
lateral connections. The size, type and installation proposed to be
constructed shall be in accordance with the plans and specifications
approved by the Village Board, following a recommendation from the
Planning Commission. A minimum one-hour fire-rated wall assembly division,
separating living areas from the lowest level to flush against the
underside of the roof, is required between each dwelling unit.
Cluster residential development is a conditional
use permitted and encouraged in the Rural Development Zoning District.
Residential development designed to meet the cluster development standards
is intended to preserve the beauty, utility and character of the Balsam
Lake area, which is defined by its open spaces, farmland, natural
resources and topographic patterns. A successful recipient of a CUP
allowing cluster development may be allowed to modify the lot size,
setback and yard requirements of the Rural Development District. Limitations
to these modifications are described below. All other district requirements
shall be complied with as well as any fire, building or electrical
codes and applicable subdivision regulations.[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.
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]
(3)
All utility lines within the mobile home park must
be buried.
(4)
Fire hydrants must be placed throughout the mobile
home park per the requirements of the State Fire Marshal.
D.
Recreation areas. At least 5% of the total area of
the mobile home park must be devoted to park and recreation purposes.
E.
Construction standards. All mobile homes in the mobile
home park must have been constructed to the requirements of the Mobile
Home Building Code.
All manufactured homes located in any residentially
zoned district shall be supported by a permanent enclosed foundation
constructed to standards as outlined in the Permanent Foundations
Guide for Manufactured Housing (HUD 0007487) with the additions, insertions,
deletions and changes, if any, as prescribed below:
A.
Placement of manufactured homes without United States
Department of Housing and Urban Development (HUD) approval shall require
special approval of the Village Board, but under no circumstances
shall an unapproved home serve as a year-round dwelling.
B.
A manufactured home may be placed on a permanent foundation
meeting the requirements of Ch. COMM 22 of the Wisconsin Uniform Dwelling
Code if the home is constructed for such placement.
(1)
A manufactured home may be placed on a permanent
foundation meeting the requirements of Ch. COMM 22 of the Wisconsin
Uniform Dwelling Code if the home is constructed for such placement.
(2)
A manufactured home placed in a manufactured home park shall be governed by Chapter 210, Mobile Homes and Mobile Home Parks.
(3)
The Building Inspector may waive the requirement
for a design professional.
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.
(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:
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.
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.
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:
(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.
