Village of Balsam Lake, WI
Polk County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
For the purposes of this chapter, certain words are defined as follows. "Shall" is mandatory; "may" is permissive.
ACCESSORY STRUCTURE OR USE
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]
APARTMENT
A portion of a residential or commercial building used as a separate housing unit.
APPLICANT
The individual, party or entity that files for and signs an application request. There may be multiple applicants.
APPLICATION REQUEST
Includes, but is not limited to, filings for zoning clearances, permits, variances, appeals, suspensions, modifications and revocations, interpretations, amendments and zone changes.
AQUIFER
A saturated, permeable, geologic formation that contains, and will yield, significant quantities of water.
[Added 11-14-2016 by Ord. No. 2016-04]
BASEMENT or CELLAR
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.
BOARDINGHOUSE/LODGING HOUSE
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]
BOATHOUSE
A building designed solely for boat storage and storage of related equipment and which shall not be used for human habitation.
BUILDING
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.
BUILDING, PRINCIPAL
A building in which is conducted the main use of the lot on which said building is located.
CHANGE OF USE
Where a new use of land or structures is initiated in place of, or in addition to, a previous use.
CLINIC
A building used by a group of doctors for the medical examination or treatment of persons on an outpatient or nonboarding basis only.
CLUB
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.
CONDITIONAL USE
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.
CONFORMING USE
Any lawful use of a building or lot which complies with the provisions of this chapter.
DENSITY
Measured in dwelling units per acre.
DWELLING, MULTIFAMILY
A building, or portion of a building, containing three or more dwelling units.
DWELLING, ONE-FAMILY
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.
DWELLING, TWO-FAMILY
A building containing two principal dwelling units.
DWELLING UNIT
A main building or principal structure designed for human habitation.
[Amended 4-3-2006 by Ord. No. 2006-2]
EATING ESTABLISHMENT
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:
A. 
Uses where the preparation of food is merely incidental to the sale of food products, such as grocery stores and food markets.
B. 
Food-serving uses connected with the operation of hospitals, nursing homes, boardinghouses, schools and government offices and private industry for employees and their guests.
EXISTING FACILITIES
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]
FAMILY
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.
FENCE
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.
FISH HOUSE/SHACK
A movable structure designed specifically for ice fishing. The building may house related fishing equipment but cannot be used for general storage.
FLOOR AREA RATIO
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.
FRONTAGE, ZONING LOT
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.
GARAGE, PRIVATE
An accessory building or space for storage only. No more than three motor-driven vehicles per dwelling may be stored in a private garage.
GARAGE, PUBLIC
Any building or premises, other than a private or storage garage, where motor-driven vehicles are equipped, repaired, serviced, hired, sold or stored.
GARAGE, STORAGE
Any building or premises used for the storage of motor-driven vehicles and where no vehicles are serviced, repaired, hired or sold.
GREEN SPACE
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.
GREEN SPACE REQUIREMENT
A minimum percentage of the total lot area that shall be preserved as green space.
GROUNDWATER PROTECTION OVERLAY DISTRICT
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]
HAZARDOUS CHEMICALS
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]
A. 
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)."
B. 
Mixtures of chemicals which have been tested as a whole and have been determined to be a health hazard.
C. 
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.
D. 
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.
E. 
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.
F. 
Petroleum and non-solid petroleum derivatives (except non-PCB dielectric fluids used in equipment or for transmission of electric power to homes and businesses).
HEIGHT
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]
HOME OCCUPATION
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.
HOTEL
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]
IMPERVIOUS SURFACE REQUIREMENT
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.
LOADING BERTH
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.
LOT
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.
LOT AREA, MINIMUM
The minimum required area of a lot for subdivision, uses of land and/or structures and for other activities specified in this chapter.
LOT DEPTH
The mean horizontal distance between the front and rear lot lines measured in the mean direction of the side lot lines.
LOT, LEGAL
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.
A. 
Front: A line separating a lot from a street.
B. 
Side: Any lot boundary line which is not a front lot line or a rear lot line.
C. 
Rear: The lot line opposite and most distant from the front lot line.
LOT WIDTH
The shortest distance between side lot lines measured at the building setback line.
MECHANICAL EQUIPMENT
Includes, but may not be limited to, air-conditioning units, cooling towers, space heaters, ventilators, air compressors, flues, stacks and chimneys.
MOBILE HOME
A transportable structure designed to be used as a dwelling unit and meeting the construction requirements of the Mobile Home Building Code.
MOTEL
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]
NONCONFORMING STRUCTURE
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.
NONCONFORMING USE
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.
OFFICE-SHOWROOM
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.
ORDINARY MAINTENANCE AND REPAIR
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]
OUTDOOR STORAGE
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.
PARCEL
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.
PARKING SPACE
An off-street space available for the parking of a motor vehicle and which is exclusive of passageways and driveways.
PLANNED UNIT DEVELOPMENT (PUD)
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.
PRINCIPAL USE
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.
PROPERTY LINES
The lines bounding a platted lot as defined herein.
RECHARGE AREA
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]
RECREATIONAL VEHICLE (RV) (TRAVEL TRAILER)
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.
RECREATION SPACE
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.
SETBACK
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.
SETBACK, FRONT
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.
SETBACK, REAR
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.
SETBACK, SIDE
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.
SIGN
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.
STORY
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.
STREET
All property dedicated or intended for public or private street purposes or subject to public easements.
STREET LINE
A dividing line between a lot, tract or parcel of land and a contiguous street right-of-way.
STRUCTURAL ALTERATION
Any change in the supporting members, such as bearing walls, columns, purlins, rafters, beams or girders, footings and piles.[2]
STRUCTURE
Anything constructed or erected, the use of which requires permanent location on the ground.
TRAVEL TRAILER
See the definition under "recreational vehicle."
USE
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.
USE, PERMITTED
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.
VILLAGE BOARD
The elected Village Board for the Village of Balsam Lake, Wisconsin.
VISION CLEARANCE
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.
WATERLINE
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.
WELL FIELD
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]
YARD
Any open space on the same lot with a building, unoccupied and unobstructed from the ground upward except as otherwise provided herein.
YARD, FRONT
A yard extending the full width of the lot between the front lot line and the nearest part of the main building.
YARD, REAR
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.
YARD, SIDE
A yard extending from the front yard to the rear yard, being the minimum horizontal distance between a building and the side lot line.
[1]
Editor's Note: See Ch. 122, Building Construction and Fire Prevention.
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).