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Park Falls City Zoning Code

ARTICLE II

General Provisions

§ 480-9 Jurisdiction and general provisions.

A. 
Jurisdiction. The jurisdiction of this chapter shall apply to all structures, lands, water and air within the corporate limits of the City of Park Falls.
B. 
Compliance. No new structure, new use of land, water or air or change in the use of land, water or air shall hereafter be permitted and no structure or part thereof shall hereafter be located, erected, moved, reconstructed, extended, enlarged, converted or structurally altered without a zoning permit and without full compliance with the provisions of this chapter and all other applicable local, county and state regulations.
C. 
District regulations to be complied with. Except as otherwise provided, the use and height of buildings hereafter erected, converted, moved, enlarged or structurally altered and the use of any land shall be in compliance with the regulations established herein for the district in which such building or land is located.
D. 
One main building per lot. Every residential building hereafter erected, converted, enlarged or structurally altered shall be located on a lot and in no case shall there be more than one main building on one lot.
E. 
Legal remedies. No provision of this chapter shall be construed to bar an action to enjoin or abate the use or occupancy of any land, buildings or other structures as a nuisance under the appropriate state laws.
F. 
Utilities construction. No provision of this chapter shall be construed to prohibit the necessary and customary construction, reconstruction or maintenance of aboveground or underground public utility neighborhood service lines, structures and mechanical appurtenances thereto where reasonably necessary for the public convenience and welfare.

§ 480-10 Use regulations.

Only the following uses and their essential services may be allowed in any district:
A. 
Permitted uses. Permitted uses, being the principal uses, specified for a district.
B. 
Accessory uses. Accessory uses and structures as specified are permitted in any district.
C. 
Conditional uses. The following provisions shall be applicable to conditional uses generally:
(1) 
Conditional uses and their accessory uses are considered as special uses requiring, for their authorization, review, public hearing and approval by the Plan Commission in accordance with Article V of this chapter excepting those existent at time of adoption of this chapter.
(2) 
Those existing uses which are classified as "conditional uses" for the district(s) in which they are located at the time of adoption of this chapter require no action by the Plan Commission for them to continue as valid conditional uses, and the same shall be deemed to be "regular" conditional uses.
(3) 
Proposed change from permitted use in a district to a conditional use shall require review, public hearing and approval by the Plan Commission in accordance with Article V of this chapter.
(4) 
Conditional use(s), when replaced by permitted use(s), shall terminate. In such case(s), the reestablishment of any previous conditional use(s) or establishment of new conditional use(s) shall require review, public hearing and approval by the Plan Commission in accordance with Article V of this chapter.
(5) 
Conditional uses authorized by Plan Commission resolution shall be established for a period of time to a time certain or until a future happening or event at which the same shall terminate.
D. 
Uses not specified in this chapter.
(1) 
Uses not specified in this chapter which are found by the Plan Commission to be sufficiently similar to specified permitted uses for a district shall be allowed by the Zoning Administrator.
(2) 
Uses not specified in this chapter and which are found sufficiently similar to specified conditional uses permitted for a district may be permitted by the Plan Commission after public hearing and approval in accordance with Article V of this chapter.

§ 480-11 Site regulations.

[Amended 8-25-2025 by Ord. No. 25-016]
A. 
Street frontage. To be buildable, a lot shall comply with the frontage requirements of the zoning district in which it is located, but shall, in any case, have a minimum frontage of 50 feet, or 45 feet for a cul-de-sac.
B. 
Principal structures. All principal structures shall be located on a lot. Only one principal structure shall be located, erected or moved onto a lot. The Plan Commission may permit as a conditional use more than one principal structure per lot in any district where more than one such structure is needed for the orderly development of the parcel. Where additional structures are permitted, the Plan Commission may impose additional yard requirements, landscaping requirements or parking requirements, or require a minimum separation distance between principal structures.
C. 
Dedicated street. Zoning permits shall only be issued for a lot which abuts a public street dedicated to its proposed width.
D. 
Lots abutting more restrictive districts. Lots abutting more restrictive district boundaries shall provide side and rear yards not less than those required in the more restrictive abutting district. The street yard setbacks in the less restrictive district shall be modified for a distance of not less than 60 feet from the more restrictive district boundary line so such street yard setbacks shall be no less than the average of the street yards required in both districts.
E. 
Site suitability. No land shall be used or structure erected where the land is held unsuitable for such use or structure by the Common Council, upon the recommendation of the Plan Commission, by reason of flooding, concentrated runoff, inadequate drainage, adverse soil or rock formation, unfavorable topography, low percolation rate or bearing strength, erosion susceptibility or any other feature likely to be harmful to the health, safety, prosperity, aesthetics and general welfare of this community. The Plan Commission, in applying the provisions of the section, shall in writing recite the particular facts upon which it bases its conclusion that the land is not suitable for certain uses. The applicant shall have an opportunity to present evidence contesting such unsuitability if he so desires. Thereafter, the Plan Commission may affirm, modify or withdraw its determination of unsuitability when making its recommendation to the Common Council.
F. 
Preservation of topography. In order to protect the property owner from possible damage due to change in the existing grade of adjoining lands and to aid in preserving and protecting the natural beauty and character of the landscape, no change in the existing topography of any land shall be made which would result in increasing any portion of the slope to a ratio greater than 1 1/2 horizontal to one vertical, within a distance of 20 feet from the property line, except with the written consent of the owner of the abutting property and with the approval of the Plan Commission, or which would alter the existing drainage or topography in any way as to adversely affect the adjoining property. In no case shall any slope exceed the normal angle of slippage of the material involved, and all slopes shall be protected against erosion.
G. 
Decks. For purposes of this chapter, decks and porches shall be considered a part of a building or structure.
H. 
Drainage, sanitation and water supply.
(1) 
No principal building shall be erected, structurally altered, or relocated on land which is not adequately drained at all times by reason of adverse soil conditions, steep slopes, shallow impermeable bedrock, periodic flooding, or where the lowest floor level is less than four feet above the highest groundwater level.
(2) 
No principal building intended for human use or occupancy shall be erected, structurally altered, or relocated on a lot unless provision is made for safe and adequate facilities for water supply and disposal of sewage in accordance with the regulations of the Price County Sanitary Code and the appropriate requirements of the Wisconsin Administrative Code.
(3) 
Review of private waste disposal systems.
(a) 
The Assessor or Building Inspector shall not hereafter authorize a building to be erected, structurally altered, or relocated which has a private waste disposal system unless the plans for the system have been reviewed in accordance with the provisions of the Price County Sanitary Code and a sanitary permit has been issued.
(b) 
Private sewage disposal systems for dwelling units shall meet the location requirements of the Price County Sanitary Code and the applicable minimum standards of the Wisconsin Administrative Code.
(4) 
Where connection is not to be made to a public water system, no residential use shall be permitted unless provision is made for a safe and adequate supply of drinking water located on the premises.
(5) 
Planned unit developments shall be served by the City's sanitary sewerage facilities or by sewerage facilities which meet the requirements of the Price County Sanitary Code and the applicable minimum standards of the Wisconsin Administrative Code.
I. 
Accessory structures restricted.
(1) 
An accessory use or structure in any zoning district, other than C-1 Commercial District, shall not be established prior to the principal use or structure being present or under construction. Any accessory use or structure shall conform to the applicable regulations of the district in which it is located, except as specifically otherwise provided.

§ 480-12 Height and area exceptions.

Every part of the required area of a yard shall be open to the sky unobstructed, except for accessory buildings and the ordinary projections of sills, cornices, and ornamental features. In addition, the following obstructions are also permitted:
A. 
Fire escapes. These may not extrude more than five feet.
B. 
Open terraces not over four feet above the average level of adjoining ground but not including permanently roofed-over terrace or porch.
C. 
Awnings and canopies.
D. 
Steps four feet or less above grade which are necessary for access to a permitted building or for access to a zoning lot from a street or alley.
E. 
Chimneys, provided they do not project more than 18 inches into a required yard.
F. 
Recreational equipment.
G. 
Laundry-drying equipment.
H. 
Arbors, trellises, landscaping, and trees.
I. 
Flagpoles.
J. 
Television and/or radio antennas, provided the base unit is within 30 inches of the eaves of the principal structure and the entire antenna does not project more than eight feet into any required side or rear yard. In no case may an antenna project into the required front yard.

§ 480-13 Reduction or joint use.

No lot, yard, parking area, building area or other space shall be reduced in area or dimensions so as not to meet the provisions of this chapter. No part of any lot, yard, parking area or other space required for a structure or use shall be used for any other structure or use.

§ 480-14 Screens and buffers.

A. 
Required screens and buffers. Where screens or buffers are required by this chapter or the Common Council to reduce the impact of proposed uses on adjacent properties, the following standards shall be followed. Buffer yards and screens may be required jointly or separately.
B. 
Buffer yards. Buffer yards are horizontal separations along lot lines that are intended to increase the physical separation between incompatible uses. The width of the required buffer yard shall be determined by the Plan Commission or Zoning Administrator. The minimum width shall be 10 feet.
C. 
Screens. Screens are barriers located in a limited space (10 feet or less) intended to perform a buffering effect, particularly for noise reduction or visual screening. Screens may consist of existing or planted vegetation, fences, walls, earth berms or similar techniques. Plant screens shall be sufficient to provide a year-round screen within three years of installation. Walls or earth berms shall be required where noise reduction is necessary. Screen plantings shall be permanently maintained by the owner of the property, and any plant materials which do not live shall be replaced within six months.

§ 480-15 Adult-oriented entertainment businesses.

A. 
Purpose. The purpose of this section is to control through zoning regulations certain adult-oriented entertainment uses that have a direct and detrimental effect on the character of the City's residential neighborhoods and commercial areas.
B. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
ADULT-ORIENTED ENTERTAINMENT BUSINESS
An adult bookstore, adult theater, adult massage parlor, adult sauna, adult entertainment center, adult cabaret, adult health/sport club, adult steam room/bathhouse facility, or any other business whose primary business activity is characterized by emphasis on matters depicting, describing or relating to nudity, sexual conduct, sexual excitement or sadomasochistic abuse as defined herein.
NUDITY
The showing of the human male or female genitals or pubic area with less than a fully opaque covering or the depiction of covered male genitals in a discernibly turgid state and/or the appearance of bare buttocks, anus, or female breast.
SEXUAL CONDUCT
Acts of masturbation, sexual intercourse, or physical conduct with a person's unclothed genitals, pubic area, buttocks or, if such person be a female, her breast.
SEXUAL EXCITEMENT
The condition of human male or female genitals when in a state of sexual stimulation or arousal.
C. 
Applicability. The provisions of this section of this chapter shall apply to all existing and future adult-entertainment-oriented businesses.
D. 
General requirements.
(1) 
Zoning district. Adult use only bookstores, adult theaters, adult massage parlors, adult saunas, adult entertainment centers, adult cabarets, adult health/sport clubs, adult steam room/bathhouse facilities, and other adult-oriented entertainment businesses sexual in nature may be operated or maintained only within the I-1 Industrial District, provided that it is located on a minor or major arterial road and subject to the distance limitations noted below.
(2) 
Distance limitations. No adult-only bookstores, adult theaters, adult massage parlors, adult saunas, adult entertainment centers, adult cabarets, adult health/sport clubs, adult steam room/bathhouse facilities, and other adult-oriented entertainment businesses, as defined under this section, shall:
(a) 
Be operated or maintained within 1,000 feet of the boundary of any residential zoned (R) district;
(b) 
Be operated or maintained within 1,000 feet of a church, parking recreational site, licensed day-care facility, public library or private educational facility which serves persons age 17 or younger, elementary school, high school, place of worship or elderly housing facility;
(c) 
Be operated or maintained so that there are no more than two such businesses within 2,500 feet as measured by the radius from each business;
(d) 
Distance limitations set forth herein shall be measured in a straight line from the main public entrances of said premises or from the lot lines of properties in residentially zoned (R) districts.
(3) 
Same use restrictions. No adult-oriented business shall be located in the same building or upon the same property as another such use.
(4) 
Sign limitations. Notwithstanding any other provision of this chapter, an adult-oriented entertainment business shall not be permitted more than one sign advertising its business, which shall be an on-premises or building sign only. All such signs shall meet the following criteria:
(a) 
Have no merchandise or pictures of the products or entertainment on the premises displayed in window areas or any area where they can be viewed from the sidewalk in front of the building;
(b) 
No sign shall be placed in any window. A one square foot sign may be placed on the door to state hours of operation and admittance to adults only;
(c) 
No sign shall contain any flashing lights, moving elements, or mechanically changing messages;
(d) 
No sign shall contain any depiction of the human form or any part thereof nor shall it contain sexually explicit language such as "nude dancing" or "Girls, Girls, Girls," etc.;
(e) 
No sexually oriented business may have any off-premises sign.
(5) 
Operating standards. All such adult entertainment businesses shall operate in accordance with the following:
(a) 
No employee shall solicit business outside the building in which the business is located;
(b) 
No male or female person, while on the premises, shall expose to public view his or her genitals, pubic area, anus or anal cleft. Full nudity is prohibited;
(c) 
No person on the premises shall engage in sexual conduct, sadomasochistic abuse or in any way fondle their genitals;
(d) 
Nudity is prohibited for any employee of an adult-oriented business where such person is in direct, personal contact with another person.
(6) 
Building's exterior appearance. The building's exterior shall meet the following criteria:
(a) 
Colors to be earth or neutral tones with primary accent colors to be within the same color family;
(b) 
Stripes and geometric patterns are prohibited;
(c) 
A color scheme which is directly inherent to a unique recognized architectural style but not otherwise compliant with this section may be reviewed and approved by the Common Council;
(d) 
The exterior shall be adequately maintained in good condition.