Balsam Lake City Zoning Code
ARTICLE IV
Administration and Enforcement
§ 300-30 Zoning permits for permitted uses.
No structure, water or land will be erected, moved or altered without being issued a zoning permit. A zoning permit will not be issued unless all the terms of this chapter have been met.
A.
Application and plan. All applications and plans for a zoning permit must be submitted to the Zoning Administrator and Building Inspector and should be accompanied by two copies of the plan. The plan and application must provide the following information where applicable:
(1)
Identification and description information.
(a)
All proposals:
[1]
Location of the project by legal description and address.
[2]
Names and address of owners, applicant, surveyor and designer.
[3]
Graphic scale, North arrow, and date of plan preparation.
(b)
All proposals except single-lot, one-family residential proposals:
[1]
Proposed name of the plan.
(2)
Existing condition information.
(a)
All proposals:
[1]
Total square feet or acreage of the site.
[2]
Location of present utility system, including private well and septic systems, public sanitary sewer, public water supply, telephone, gas, cable and electrical supply.
[3]
Indication of zoning district designation.
[4]
High-water mark of any adjacent watercourses.
[5]
Areas of existing wetland, water bodies and vegetation.
[6]
Current uses of any buildings that exist on the site.
[7]
Railroad and utility rights-of-way, parks, easements, section lines and corporate boundaries, if on the lot or immediately adjacent to the lot.
[8]
An accurately dimensioned site plan indicating property boundaries or a certified survey.
(b)
All proposals except single-lot, one-family residential proposals:
[1]
Location and use of any existing building within 50 feet of the site boundaries.
[2]
Location plan locating the proposal within the Village context.
[3]
Mapped two-foot contour intervals describing existing topography.
[4]
Center-line location, width, rights-of-way and names of all nearby existing or previously platted streets or other public ways.
[5]
Size of existing sewers, water mains, culverts or other underground facilities within the tract. This should include grades, invert elevations and locations of catch basins, manholes and hydrants.
(3)
Site design information. Scale: one inch equals 10 feet or one inch equals 20 feet.
(a)
All proposals:
[1]
External dimensions of buildings and distances to lot lines.
[2]
Percentage of proposed plan that is pervious and vegetated (lawn, trees, woodland, wetland, farmland and landscaping).
[3]
Percentage of proposed plan that is impervious and not vegetated (building, parking, access drives and surface storage).
[4]
Curb cuts for access to the site.
[5]
Intended use of any proposed structures and number of intended occupants.
(b)
All proposals except single-lot, one-family residential proposals:
[1]
Driveway locations and widths as well as traffic flows through the site.
[2]
Areas where existing vegetation will be modified.
[3]
Proposed on-street and off-street parking allocations and parking lot landscape islands.
[4]
Proposed on-street loading areas, including stacking or storage areas.
[5]
Storm drainage system.
[6]
Surface material proposed for drives, parking, access and storage areas.
[7]
Exterior lighting concept.
[8]
All proposed landscaping, including plant species, fences, and retaining walls.
[9]
Refuse collection areas and screening.
[10]
List of all required federal, state and Village permits and status of applications.
[11]
Information for fire departments, including the type of roof construction and the location of smoke domes and sprinklers.
[12]
Water and sewer size and location.
(4)
Building design information. Scale: 1/4 inch equals one foot zero inches.
(a)
All proposals:
[1]
Exterior elevations of all sides of the building for new construction or an addition to the existing.
[2]
For additions, dimensioned floor plan of the existing building and proposed addition.
[3]
Square footage of the garage or storage.
(b)
All proposals except single-lot, one-family residential proposals:
[1]
Designation of materials, color of materials and material samples for exterior walls and roof.
[2]
See § 300-22, Sign requirements, for submission requirements related to sign permits and signage.
(c)
Zoning permit fees will be determined by the Village Board. Refer to Chapter 122, Building Construction and Fire Prevention, for further submission requirements for a Building Code permit.
B.
Permit issuance or denial; expiration.
(1)
A zoning permit shall be granted or denied in writing by the Zoning Administrator within 30 days of application, and the applicant shall post such permit in a conspicuous place at the site.
(2)
The permit shall expire within six months unless substantial work has commenced or within 18 months after the issuance of the permit if the structure for which a permit is issued is not substantially completed, in which case of expiration, the applicant shall reapply for a zoning permit before commencing work on the structure.
(3)
Any permit issued in conflict with the provisions of this chapter shall be null and void.
§ 300-31 Zoning permits for conditional uses.
The Village Board authorizes the Zoning Administrator to issue a conditional use permit (CUP). A CUP will only be issued following review and a public hearing where it has been determined that the proposed uses are in accordance with the spirit of this chapter, are environmentally sensitive and are consistent with the values of the community. If the permit is issued, the Village Board may attach conditions such as, but not limited to, landscaping, architectural design, type of construction, construction commencement and completion dates, hours of operation, traffic circulation or parking requirements, highway access restrictions, or increased yards. Note: CUPs for planned unit developments (§ 300-25), cluster developments (§ 300-26), and mobile home parks (§ 300-27) shall follow the requirements of Subsections A, B and D.
A.
Preapplication meeting and sketch plan.
(1)
The applicant is encouraged to meet with the Planning Commission, the Public Works Department, the Village Attorney, the Village Engineer and other appropriate officials to review all applicable ordinances, regulations and plans regarding the area to be developed.
(2)
At this time, the applicant should submit a general sketch plan of the proposal. The sketch plan may be conceptual and simple in form but should indicate the relationship of the proposal to existing community facilities, to neighboring development and to the topography of the site.
(3)
The applicant is urged to solicit the advice of the Planning Commission while preparing the sketch plan in order to facilitate the approval of the conditional use permit.
B.
CUP application. CUP applications are available at the Village Hall. Two copies of the completed application and the site/preliminary plan must be submitted to the Village Clerk-Treasurer at the Village Hall. The application will be forwarded to the Zoning Administrator, the Village Attorney and the Planning Commission for review.
(1)
A cash fee shall be paid to the Village Clerk-Treasurer upon submission of the application and preliminary plan. Fees will be set by the Village Board.
(2)
The site or preliminary plan must be clearly and legibly drawn to scale and shall contain the requirements of § 300-30A in addition to the following information:
(a)
Identification and description information.
[1]
Names of owners of land within 100 feet of proposed development.
(b)
Existing condition information.
[1]
A certified survey or property boundaries.
[2]
Location plan locating the proposal within the Village context.
[3]
Areas of existing wetlands, water bodies and vegetation, including information about species, size and condition.
[4]
If the preliminary plan is a rearrangement or replat of any former plan, the lot and block arrangement of the original plan, along with its original name, shall be indicated by dotted or dash lines. Also, any revised or vacated roadways of the original plan must be indicated.
(c)
Site design information. Scale: one inch equals 10 feet or one inch equals 20 feet.
[1]
Proposed access and layout of streets showing right-of way widths and proposed street names.
[2]
Layout, numbers and preliminary dimensions of lots and blocks.
[3]
Locations and widths of alleys, pedestrianways and utility easements.
[4]
Areas intended to be reserved for public use, including size in acres.
[5]
Areas intended for uses other than residential or public.
(3)
The Village Attorney, the Zoning Administrator and the Planning Commission will review the application and preliminary plan.
C.
Public hearing and action (not for a PUD, cluster development, or mobile home park).
(1)
Within 45 days of receipt of the application, the Village shall arrange for a public hearing to be held by the Planning Commission. Notice of the time, place, and purpose shall be published as a Class 1 notice.
(2)
The Village Clerk-Treasurer will notify the owners of land within 100 feet of the proposed conditional use development, providing them with the time, date and location of the hearing. The original CUP application will have listed neighboring property owners.
(3)
Within 30 days of the public hearing, the Planning Commission will approve or disapprove of the application and will submit its recommendations to the Village Board for consideration. Within 60 days of the public hearing, the Village Board will act upon the application.
D.
Public hearing and approvals for PUDs, cluster developments, or mobile home parks.
(1)
Within 45 days of receipt of the application, the Village shall arrange for a public hearing to be held by the Planning Commission. Notice of the time, place, and purpose shall be published as a Class 1 notice. The Village Clerk-Treasurer will notify the owners of land within 100 feet of the proposed conditional use development, providing them with the time, date and location of the hearing. The original CUP application will have listed neighboring property owners. The preliminary plans must show proposed layouts and dimensions. They do not have to have the final design, grades, and calculations completed. These items must be submitted with the final plan.
(2)
Preliminary plan review.
(a)
Within 30 days of the public hearing, the Planning Commission will approve or disapprove of the preliminary plan and will submit its recommendations to the Village Board for consideration. Within 60 days of the public hearing, the Village Board will act upon the preliminary plan and will, in writing, notify the applicant and the Planning Commission of its decision. Should the Village Board fail to respond within 60 days of the public hearing, the preliminary plan will be considered approved.
(b)
Should the applicant wish to modify an approved preliminary plan, the amended plan must be submitted according to the procedure described above; however, the fee and public hearing requirements will be waived. If the Village Board determines that the scope of amendments constitutes a new plan, then the public hearing will be required.
(c)
The owner or representative must attend all Planning Commission meetings in which the proposal is being discussed.
(3)
Final plan submission.
(a)
Within 180 days after approval of the preliminary plan, the applicant must submit 10 copies of the final plan to the Village Clerk-Treasurer. The final plan must have been prepared by a registered surveyor in the State of Wisconsin.
(b)
If the applicant fails to submit the final plan within the period of 180 days, the preliminary plan will be considered null and void. If the Village Board accepts good cause presented in a written request for extension submitted by the applicant, the period may be extended for a length to be determined by the Village Board.
(c)
The final plan must incorporate any changes to the preliminary plan, as required by the Village Board. In all other respects, the final plan must conform to the preliminary plan.
(d)
Upon receipt of the final plan, the Village Clerk-Treasurer shall:
[1]
Refer copies to the Zoning Administrator and the Village Attorney, who will review the final plan for consistency with the preliminary plan.
[2]
Refer a final plan to public and private utility companies as applicable.
[3]
Place consideration of the final plan on the agenda of the next scheduled Village Board meeting.
[4]
Notify the applicant of the date, place and time of the meeting. The applicant or a representative is required to attend this meeting.
(e)
If the Zoning Administrator and Village Attorney indicate full compliance with the requirements of this chapter, the Village Board will approve the final plan and authorize the Village President to sign the final plan.
(f)
If the final plan falls short of full compliance with the requirements of this chapter, the applicant will be allowed 180 days to modify the final plan to meet compliance. Both the final and preliminary plans will be null and void should the applicant fail to reach compliance within the period of 180 days.
(g)
The applicant must record the final plan with the County Register of Deeds within 30 days of the date it was signed by the President. Any final plan not recorded as such will be null and void unless the Village Board has granted an extension. No extension shall exceed 90 days.
(h)
The owner shall provide to the Village Clerk-Treasurer a tracing and three copies of the final plan which shows evidence that it has been recorded with the Register of Deeds. The applicant will be responsible for any costs incurred pertaining to the verification of the final plan materials.
(i)
No changes shall be made in any final plan after approval has been given by the Village Board. If changes are necessary, the plan must be resubmitted to the Village Board for approval. If a final plan is recorded which differs from the approved final plan, it shall be considered null and void. No building permits shall be issued for lots within the final plan, and the Village Board shall initiate proceedings to have the plan stricken from the records of the Village and the county.
§ 300-32 Appeals and variances.
A.
Notice of appeal; notice of hearing.
(1)
Anyone affected by a decision of the Zoning Administrator may file a notice of appeal with the Zoning Administrator and with the Zoning Board of Appeals specifying the grounds for appeal within 30 days after the decision of contention has occurred.
(2)
All meetings of the Zoning Board of Appeals are open to the public.
(3)
A notice of appeal (request for variance) shall be filed in writing at the Village Hall and will be reviewed by both the Zoning Administrator and the Zoning Board of Appeals.
(4)
Notice to the public and to the parties of interest regarding the time, date and location of the appeal hearing must be made at least 10 days in advance of the hearing date. Public notice must be given in a newspaper of general Village circulation.
(5)
The Zoning Board of Appeals will reach a decision regarding the application within 90 days from the date the application was filed.
B.
Standards for variance. The Zoning Board of Appeals shall not vary the regulations of this chapter unless the evidence presented in the appeal confirms all of the following:
(1)
Granting of the variation will not be detrimental to the public welfare or injurious to other property or improvement in the neighborhood within which the property is located.
(2)
Because of the particular physical surroundings or topographical conditions of the specific property involved, a hardship to the owner would result if the letter of the regulations was carried out. (Hardship is distinguished from mere inconvenience.)
(3)
The conditions upon which the request for variance is based are unique to the property involved and not generally applicable to other property within the same zoning classification.
(4)
The request for variance is not based exclusively upon the property owner's desire to make more money.
(5)
The alleged hardship is caused by this chapter rather than having been created by a person with interest in the property.
C.
Authorized variances. Requests for variances from this chapter will only be considered by the Zoning Board of Appeals in the following cases:
(1)
Request for a lesser yard or setback requirement.
(2)
Request for a reduced lot size to accommodate a permittable use.
(3)
Request for shared parking by facilities whose users patronize the facilities at different hours of the day.
(4)
Request to reduce the amount of off-street parking and loading area required.
(5)
Request to reconsider the distance required between parking spaces and the facility the parking space is intended to serve.
(6)
Request to vary the allowable gross floor area.
(7)
Request to vary allowable building or structure height, dimensional standards, structure components or styles.
[Added 9-11-2023 by Ord. No. 2023-07]
§ 300-33 Zoning Board of Appeals.
A.
A Zoning Board of Appeals member shall be appointed as specified in § 62.23(7)(e), Wis. Stats., and will serve with compensation and shall be removable by the Village President. The Zoning Board of Appeals will abide by rules and procedures consistent with the Wisconsin Statutes.
[Amended 4-3-2006 by Ord. No. 2006-2]
B.
The Zoning Board of Appeals has the powers and duties to hear and decide:
(1)
Appeals where it is alleged there is error made by the Zoning Administrator.
(2)
Special exceptions to the terms of this chapter.
C.
The Zoning Board of Appeals may reverse or affirm any decision made by the Zoning Administrator and in effect has all the powers of the Zoning Administrator.
D.
When a quorum is present, the Zoning Board may take action by a majority vote of the members present. The grounds of every determination must be stated and recorded.
[Amended 2-4-2008 by Ord. No. 2008-01]
E.
No order of the Zoning Board of Appeals granting a variance shall be valid after six months from the date of the order, unless a building permit and construction initiation have occurred within that period.
§ 300-34 Violations and penalties.
The Village designates that the Zoning Administrator, with the aid of the Police Department, shall enforce the provisions of this chapter. The Police Department shall report to the Zoning Administrator any activities which are being carried out without the required permits. The Zoning Administrator, with the aid of the Police Department, shall investigate any complaints received of violations of this chapter, whether received from citizens, members of the governing body, the Police Department or otherwise. The obligation of governmental authorities to enforce this chapter shall exist independent of any citizen-reported violations. Penalties for violations of this chapter shall be as set forth herein. Any violation of this chapter may be enjoined and abated by action of the Village, the state or any citizen thereof. This shall include the right of the Village Board to require that a structure be vacated, altered or removed if it is found to be in violation of this chapter.
A.
In addition to the enforcement rights set forth above, any person found to be in violation of any provision of this chapter may be subject to a penalty as described below:
(1)
First offense. Violators will forfeit not less than $5 and no more than $500, together with the cost of prosecution. If payment is not made within one month from the date the violation was issued, the violator will be imprisoned in the Polk County Jail until such time the penalty is paid, but not to exceed 90 days.
(2)
Second offense. Violators will forfeit not less than $50 and no more than $500, together with the cost of prosecution. If payment is not made within one month from the date the violation is issued, the violator will be imprisoned in the Polk County Jail until such time the penalty is paid, but not to exceed six months.
(3)
Continued violations. Each violation and each day a violation occurs shall constitute a separate offense.
B.
Execution against defendant's property. In lieu of imprisonment in the case of nonpayment, the Village may place the amount due on the tax roll of the property of the defendant for the penalty and cost of prosecution.
C.
Citation method of enforcement. This chapter may also be enforced using the citation method as provided in Chapter 1, § 1-5, of the Village Code.
[Amended 4-3-2006 by Ord. No. 2006-2]
§ 300-35 Changes and amendments.
A.
The Village Board may amend the zoning district boundaries or this chapter. The general public will be invited to attend a public hearing to discuss the amendment. Notice will be posted in at least three local public places at least 10 days prior to the hearing, and notice of the time and place of the hearing will be published as a Class 2 notice in a newspaper of general Village circulation.
B.
At least 10 days' written notice shall be given to the clerk of any municipality whose boundaries are within 100 feet of the affected land.
C.
An amendment will not be effective unless a favorable majority vote from the Village Board occurs.
D.
Any proposed amendment will require a three-quarters vote of the Village Board if a signed, written protest is submitted by:
(1)
Twenty percent of the owners of land within the area to be amended.
(2)
Twenty percent of the owners of land immediately adjacent to and extending 100 feet from the amended land.
(3)
Twenty percent of the owners of land directly opposite thereto extending 100 feet from the street frontage of such opposite land.