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.

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

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

No lot shall contain more than one principal building.

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

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.

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.

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

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.

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

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

Landscape setback.

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.

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.

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:

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.

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.

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

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.

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.

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

Loading berths shall observe the following general requirements. Loading berths:

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

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.

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

There shall be no outdoor storage in any front setback.

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.

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

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

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.

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.

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.

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.

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.

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.

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

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.

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.

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.

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.

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.

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.

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.

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.

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

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.

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.

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

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.

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.

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

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

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

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.

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.

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.

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.

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.

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

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.

Portable signs.

Roof signs.

Revolving or moving signs.

Beacons.

Flashing and blinking signs.

Stringed flags.

Signs located in public rights-of-way.

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

Unsafe or dangerous signs.

Signs with fluorescent colors.

Signs painted on walls or fences.

Off-premises commercial advertising signs or billboards.

Private signs on public property for more than three days.

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

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

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.

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.

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.

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.

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.

Fluctuating signs.

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.

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.

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.

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:

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.

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

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.

Location(s):

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.

Sign requirements.

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:

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

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.

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.

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.

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

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

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.

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

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

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.

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.

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.

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

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.

) 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.

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

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.

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

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

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

Landscaping.

Architectural design.

Type of construction.

Construction commencement and completion dates.

Sureties.

Lighting.

Fencing.

Planting screens.

Operational control.

Hours of operation.

Improved traffic circulation.

Deed restrictions.

Highway access restrictions.

Increased yards or parking requirements.

Village Residential.

Waterfront Development.

Rural Development.

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.

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

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

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

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

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

Traffic circulation and functional needs are met.

Vehicular circulation pattern is pedestrian friendly.

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

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

Adequate exterior lighting is provided.

Adequate trees and shrubs are provided where not currently existing.

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

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.

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.

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

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

Floor area per dwelling unit: minimum 840 square feet per dwelling unit.

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.

Maintains open fields.

Preserves scenic vistas.

Protects wildlife habitats.

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

Preserves historic sites.

Provides recreational areas within preserved natural areas.

Provides effective pedestrian circulation, including trail systems.

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

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

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.

Density requirements.

Yard and lot requirements. The following guidelines apply:

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:

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.

Ownership of open space.

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:

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

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.

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.

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.

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]

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

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

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.

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

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

General.

Site design criteria.

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

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.

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

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

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

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

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.

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.

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

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.

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.

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

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

The following defined deposits are exceptions:

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.

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.

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

"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.

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

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.

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