For the purposes of this chapter, certain words
are defined as follows. "Shall" is mandatory; "may" is permissive.
A detached subordinate structure or a use which is clearly
incidental to, and customarily found in connection with, the dwelling
or use to which it is related and which is located on the same lot
as that of the dwelling or use.
[Amended 4-3-2006 by Ord. No. 2006-2]
A portion of a residential or commercial building used as
a separate housing unit.
The individual, party or entity that files for and signs
an application request. There may be multiple applicants.
Includes, but is not limited to, filings for zoning clearances,
permits, variances, appeals, suspensions, modifications and revocations,
interpretations, amendments and zone changes.
A saturated, permeable, geologic formation that contains,
and will yield, significant quantities of water.
[Added 11-14-2016 by Ord.
No. 2016-04]
A story partly underground but having at least 1/2 of its
height, or more than five feet, below the mean level of the adjoining
ground. See Chs. COMM 20, 21 and 22, Wis. Adm. Code.
A residential building or portion thereof, other than a hotel
or motel, containing lodging rooms not open to transient customers
that accommodate more than three persons who are not members of the
keeper’s family. Lodging or meals or both are provided for compensation
(for a continuous period of less than 14 days or on a weekly or monthly
basis). The term "boardinghouse" shall also include the term "lodging
house."
[Amended 6-4-2012 by Ord. No. 2012-04]
A building designed solely for boat storage and storage of
related equipment and which shall not be used for human habitation.
Any structure having a roof supported by columns or walls
and intended for the shelter, housing or enclosure of persons, animals
or property of any kind.
A building in which is conducted the main use of the lot
on which said building is located.
Where a new use of land or structures is initiated in place
of, or in addition to, a previous use.
A building used by a group of doctors for the medical examination
or treatment of persons on an outpatient or nonboarding basis only.
A building owned, leased or hired by a nonprofit association
of persons who are bona fide members, the use of which is restricted
to said members and their guests.
A use of land, water or building which is allowable only
after the issuance of a special permit by the Village Board under
conditions specified in this chapter.
Any lawful use of a building or lot which complies with the
provisions of this chapter.
Measured in dwelling units per acre.
A building, or portion of a building, containing three or
more dwelling units.
A building constructed in conformance with the Village of
Balsam Lake Building Code, [1] or a mobile home meeting the requirements of the Mobile
Home Building Code, designed or used exclusively for occupancy by
one family and containing one principal dwelling unit.
A building containing two principal dwelling units.
A main building or principal structure designed for human
habitation.
[Amended 4-3-2006 by Ord. No. 2006-2]
A commercial establishment where the selling of food prepared
on the premises is the principal business. Such uses include cafes,
cafeterias, coffee shops, delicatessens, ice cream parlors, sandwich
shops, and similar uses. Such uses may include the licensed on-site
provision of alcoholic beverages for consumption on the premises,
when accessory to such food service, and nightclubs and lounges where
food service is accessory to the primary function of the establishment.
The following uses are not included under this definition:
Uses where the preparation of food is merely
incidental to the sale of food products, such as grocery stores and
food markets.
Food-serving uses connected with the operation
of hospitals, nursing homes, boardinghouses, schools and government
offices and private industry for employees and their guests.
Current facilities, practices and activities which may cause
or threaten to cause environmental pollution within that portion of
the Village's wellhead protection area that lies within the corporate
limits of the Village. Existing facilities include but are not limited
to the type listed in the Department of Natural Resources' form 3300-215,
Public Water Supply Potential Contaminant Use Inventory Form which
is incorporated herein as if fully set forth.
[Added 11-14-2016 by Ord.
No. 2016-04]
One or more persons immediately related by blood, marriage,
adoption or guardianship and living as a single housekeeping unit
in one dwelling unit shall constitute a family. A family may include
in addition thereto two but not more than two persons not related
by blood, marriage, adoption or guardianship. A person shall be considered
to be related for the purpose of this definition if he is dwelling
for the purpose of adoption or for a foster care program.
An unroofed vertical structure which is intended primarily
to serve as a visual screen or as a physical enclosure around a building
or yard area for security, containment or privacy or to indicate a
boundary. This definition includes hedges, thick growths of shrubs
and walls used as screens. The term includes barriers of at least
25% opacity.
A movable structure designed specifically for ice fishing.
The building may house related fishing equipment but cannot be used
for general storage.
The total square footage of all floors of a building or buildings
measured from the face of the exterior walls, excluding cellars or
basements, divided by the total area of the lot on which such building
or buildings are located.
The length of all the property measured at the designated
setback line of such zoning lot fronting on a street, measured between
side lot lines.
An accessory building or space for storage only.
[Amended 12-7-2020 by Ord. No. 2020-02]
Any building or premises, other than a private or storage
garage, where motor-driven vehicles are equipped, repaired, serviced,
hired, sold or stored.
Any building or premises used for the storage of motor-driven
vehicles and where no vehicles are serviced, repaired, hired or sold.
An area of land associated with and located on the same tract
of land as a building or group of buildings in relation to which it
serves to provide light and air or scenic, recreational or similar
purposes. Such space shall, in general, be available for entry and
use by the occupants of the building or buildings involved but may
include a limited proportion of space so located and treated as to
enhance the amenity of the development by providing landscaping features,
screening for the benefit of the occupants of those in neighboring
areas or a general appearance of openness. Green spaces may include,
but shall not be limited to, lawns, decorative plantings, wooded areas,
landscaping areas, active and passive recreational areas and water
surfaces. They shall not include primary or accessory buildings, sidewalks,
parking lots or other vehicular surfaces.
A minimum percentage of the total lot area that shall be
preserved as green space.
That area of land which contributes water to a municipal
well based on accepted hydrogeological research, outlined and described
as a "wellhead protection area" by the Village's wellhead protection
plan.
[Added 11-14-2016 by Ord.
No. 2016-04]
Chemicals and chemical mixtures that are required to have
an MSDS and meet the definition of hazardous chemical under the OSHA
regulations found at 29 CFR 1910.1200(c). Substances packaged for
consumption for humans or animals are not considered hazardous chemicals.
Hazardous chemicals include:
[Added 11-14-2016 by Ord.
No. 2016-04]
Chemicals for which there is scientific evidence that acute
or chronic health effects may result from exposure including carcinogens,
toxic and highly toxic agents, irritants, corrosives, sensitizers,
hepatotoxins, agents that act on the hematopoietic system, reproductive
toxins, and agents which damage the lungs, skin, eyes, or mucous membranes
as defined in 29 CFR 1910.1200, Appendix A, "Health Hazard Definitions
(Mandatory)."
Mixtures of chemicals which have been tested as a whole and
have been determined to be a health hazard.
Mixtures of chemicals which have not been tested as a whole
but which contain any chemical which has been determined to be a health
hazard and comprises 1% or greater of the composition on a weight-per-unit
weight basis.
Mixtures of chemicals which include a carcinogen if the concentration
of the carcinogen in the mixture is 0.1% or greater of the composition
on a weight-per-unit weight basis.
Ingredients of mixtures prepared within the Groundwater Protection
Overlay District in cases where such ingredients are health hazards
but comprise more than 0.1% of the mixture on a weight-per-unit weight
basis if carcinogenic, or more than 0.1% of the mixture on a weight-per-unit
weight basis if noncarcinogenic.
Petroleum and non-solid petroleum derivatives (except non-PCB
dielectric fluids used in equipment or for transmission of electric
power to homes and businesses).
The elevation from the lowest exposed grade of the structure
to the highest peak of the roof, excluding window wells and stairways.
[Amended 4-3-2006 by Ord. No. 2006-2]
A gainful occupation conducted by members of the family only,
within their place of residence, provided that no article is sold
or offered for sale on the premises except such as is produced by
such occupation. Persons operating a home occupation shall employ
no more than one nonresident employee.
A building with one main entrance containing guest rooms
where lodging, with or without meals, is provided for compensation
to transient customers for a continuous period of less than 14 days.
[Amended 6-4-2012 by Ord. No. 2012-04]
A maximum percentage of the total lot area that may be developed
as an impervious surface. Impervious surfaces include the square footage
of the footprints of both primary and accessory structures, sidewalks,
concrete pads and driveways, whether paved or not paved.
An off-street space on the same lot as the facility it serves
for the loading and unloading of freight carriers and having adequate
ingress and egress to a public street or alley.
An area of land having fixed boundaries depicted on or described
by a tentative map, final map, parcel map or instrument of conveyance
for the purpose of defining land to be held, actually or potentially,
in fee title as a discrete unit. Licensed easements and streets, alleys
and similar rights-of-way are not lots.
The minimum required area of a lot for subdivision, uses
of land and/or structures and for other activities specified in this
chapter.
The mean horizontal distance between the front and rear lot
lines measured in the mean direction of the side lot lines.
A lot that met all local ordinance requirements when it was
created, and still exists, and can lawfully be conveyed as a discrete
unit separate from any contiguous lot.
The shortest distance between side lot lines measured at
the building setback line.
Includes, but may not be limited to, air-conditioning units,
cooling towers, space heaters, ventilators, air compressors, flues,
stacks and chimneys.
A transportable structure designed to be used as a dwelling
unit and meeting the construction requirements of the Mobile Home
Building Code.
One or more buildings containing guest rooms having a separate
entrance providing entry directly from outside of the building or
from an inner court. Such facilities are designed, used or intended
to be used, rented or hired out for temporary or overnight accommodations
for customers for a continuous period of less than 14 days.
[Amended 6-4-2012 by Ord. No. 2012-04]
A structure or portion thereof which was lawfully erected
or altered and maintained but which, solely because of revisions in
development standards of this chapter dealing with lot coverage, density,
lot area per structure, height and setback, no longer conforms.
A use which was lawfully established and maintained but which,
because of the application of this chapter, is no longer permitted
in the zone in which it is located or is no longer in conformance
with the parking requirements of the use in the zone in which it is
located.
A building in which at least the front 25% of the floor space
is devoted to office and/or showroom activities, the remainder being
used for either warehousing, light manufacturing or research and testing.
Those activities necessary to maintain the structural integrity
and current function of the existing structure. Ordinary maintenance
and repair may include replacement of windows, doors, siding, insulation
and roofing.
[Added 4-3-2006 by Ord. No. 2006-2]
The placement or keeping, in an area not fully enclosed by
walls of a building, of miscellaneous objects and materials accessory
to principal use of the property, including inoperative motor vehicles,
boats, trailers, building materials, reusable parts and equipment
and the like, including trash, garbage and debris.
For the purposes of this chapter, the word "parcel" shall
have the same meaning as the word "lot," and the two words shall be
synonymous.
An off-street space available for the parking of a motor
vehicle and which is exclusive of passageways and driveways.
A tract of land which contains or will contain two or more
principal buildings, developed under single ownership or control,
the development of which is unique and of a substantially different
character than that of surrounding areas.
The primary or main use on a lot to which other uses and
structures are accessory. The principal structure is the building
on a lot where the principal use is conducted as permitted by the
regulations of the district in which it is located.
The lines bounding a platted lot as defined herein.
The land area which contributes water to a well by infiltration
of water into the subsurface and movement with groundwater toward
the well. This area may extend beyond the corporate limits of the
Village of Balsam Lake.
[Added 11-14-2016 by Ord.
No. 2016-04]
Any vehicle, house car, camp car, or any portable mobile
vehicle on wheels, skids, rollers, or blocks either self-propelled
or propelled by other means which is used or designed to be used for
residential living or sleeping purposes.
Total area in square footage which is countable as open space
but is not paved as streets, walks or driveways and is suitable for
recreational pursuits. The smallest countable recreation area is 1,000
square feet. That part of a recreation area having a dimension of
less than 20 feet shall not be included as countable recreation space.
The minimum distance by which structures are to be separated
from the boundary lines of the lot on which they are located in order
to provide an open yard area which is unoccupied and unobstructed
from the ground upward.
An open yard area extending between side lot lines across
the front of a lot, the depth of which is the required minimum horizontal
distance between the front lot line and a line parallel thereto on
the lot.
An open yard area extending across the rear of the lot between
the inner side lot lines and which is the required minimum horizontal
distance between the rear lot line and a line parallel thereto on
the lot.
An open yard area extending from the front yard, or the front
lot line where no front yard is required, to the rear yard; the width
of the required side yard shall be measured horizontally from the
nearest part of the side lot line.
Any words, letters, figures, numerals, phrases, sentences,
devices, designs, trade names or trademarks by which anything is made
known and which are used to advertise or promote an individual, firm,
association, corporation, profession, business, commodity or product
and which are visible from any public street or highway.
That portion of a building included between the surface of
a floor and the surface of a floor next above it, or if there is no
floor above it, then the space between the floor and the ceiling next
above it.
All property dedicated or intended for public or private
street purposes or subject to public easements.
A dividing line between a lot, tract or parcel of land and
a contiguous street right-of-way.
Any change in the supporting members, such as bearing walls,
columns, purlins, rafters, beams or girders, footings and piles.[2]
Anything constructed or erected, the use of which requires
permanent location on the ground.
See the definition under "recreational vehicle."
The purpose for which land or a building thereon is designated,
arranged or intended or for which it is or may be occupied or maintained.
A use which is lawfully established in a particular district
or districts and which conforms to all requirements, regulations,
and performance standards of such district. A permitted use may be
a principal use or an accessory use.
The elected Village Board for the Village of Balsam Lake,
Wisconsin.
An unoccupied triangular space at the corner of a corner
lot which is bounded by the street lines and a setback line connecting
points determined by measurements from the corner of each street line.
The shortest straight line at the waterfront end of a stream
lot that lies wholly within the lot, provided that not less than 75%
of the length of such waterline shall be on, or on the landward side
of, the normal high-water mark of such stream.
A piece of land used primarily for the purpose of supplying
a location for construction of wells to supply a municipal water system.
[Added 11-14-2016 by Ord.
No. 2016-04]
Any open space on the same lot with a building, unoccupied
and unobstructed from the ground upward except as otherwise provided
herein.
A yard extending the full width of the lot between the front
lot line and the nearest part of the main building.
A yard extending the full width of the lot, being the minimum
horizontal distance between the rear lot line and the nearest part
of the building.
A yard extending from the front yard to the rear yard, being
the minimum horizontal distance between a building and the side lot
line.
