The purpose of this title is:

A.

To promote and protect the health, safety and general welfare of the city and its people;

B.

To promote orderly growth and development in the city;

C.

To promote compatible uses of land throughout the city;

D.

To prevent overcrowding of land and unreasonable concentrating of population;

E.

To prevent deterioration of the environment by regulating uses of land and structures in the city;

F.

To protect and stabilize property values that could be undermined by the development of incompatible uses on adjacent or nearby property;

G.

To limit congestion in the public streets and to protect the public health and welfare by regulating off-street vehicular parking and vehicle loading spaces;

H.

To protect against fire, explosion, noxious fumes, pollution of the environment and other hazards;

I.

To provide adequate light, air and privacy, and to provide convenient access to property;

J.

To facilitate efficiency in providing public services and protecting public investments;

K.

To divide the city into zones or districts by the size, location, construction, reconstruction, alteration and use of land and structures for residential, business and industrial purposes; and

L.

To define and limit the powers of the administrative officers and bodies provided herein.

(Prior code § 21.01)

As used in this title:

"Accessory building or use" means a subordinate building or use which is located on the same lot on which the main building or use is situated and which is reasonable, necessary and incidental to the conduct of the primary use of such building or main use.

"Alley" means a public right-of-way not less than sixteen (16) feet wide, and not more than thirty (30) feet wide, which serves only as a secondary means of access to abutting property.

"Apartment" means a room or suite of rooms which is arranged, designed, used or intended to be used as a housekeeping unit for a single family in a multifamily dwelling.

Apartment Building. See "Dwelling, Multiple."

"Automobile repair" means general repair, engine rebuilding or reconditioning of motor vehicles; collision service such as body, frame or fender straightening and repair which use is distinct from auto wrecking yards.

"Automobile service station" means a place where gasoline (stored only in underground tanks) kerosene, motor oil, lubricants or grease for operation of motor vehicles is retailed directly to the public and where minor vehicle repairs and rebuildings are performed. When the dispensing, sale or offering for sale of motor fuel or oil is incidental to the conduct of a public garage, the premises shall be classified as a public garage.

"Auto wrecking yard" means any place used for wrecking or storing in the open of two or more motor vehicles not in running condition, or parts thereof; and including any farm vehicles or farm machinery, or parts thereof; stored in the open and not being restored to operating condition; and including the commercial salvaging and scavenging of any other goods, articles and merchandise.

"Basement" means a portion of a building located partially or wholly underground.

"Billboard" means a structure which directs attention to a business, commodity, service, activity or entertainment not necessarily conducted or offered upon the premises where the structure is located.

"Block" means a tract of land within a platted subdivision bounded by streets or a combination of streets and public parks, cemeteries, railroad rights-of-way, shorelines, waterways or boundary lines or the corporate limits of the city.

"Boarding house" means any dwelling other than a hotel, motel or restaurant where meals or lodgings and meals for compensation are provided for five persons or more, pursuant to previous arrangements and not to anyone who may apply.

"Buildable area" means the area of a lot remaining after the minimum setback and open space requirements have been complied with.

"Building" means any structure having a roof supported by columns or walls, and designed or intended for the shelter, support, enclosure or protection of persons, animals or chattels.

"Building or structure height" means the vertical distance measured from the average level of the highest and lowest point of that portion of a lot covered by the building as measured around the entire perimeter of the foundation to the highest point of the cornice of a flat roof or to the midpoint of a pitched roof.

"Carport" means a private garage which is open to the weather on at least two sides, intended for sheltering not more than two motor driven vehicles.

"Cemetery" means any land, including any mausoleum or columbarium on the land, which is used or intended to be used for the burial of human remains.

"Columbarium" means a building, structure, or part of a building or structure that is used or intended to be used for the inurnment of cremated remains.

"Columbarium niche" means a space in a columbarium that is used or intended to be used for the inurnment of cremated remains.

"Conservation park" means areas developed for compatible uses by the general public and for outdoor education for all citizens with a focus on active land stewardship to maintain and restore native plant communities, native animal communities and cultural/historic resources. A conservation park exhibits one or more of the following attributes in varying degrees: unique plant communities, wildlife populations, geological formations, or historical sites; a critical ecological function, such as protecting surface or ground water quality and supply; relatively undisturbed examples of native biological communities; location and features suitable for outdoor education programs; outstanding aesthetic qualities.

"Court" means an open unoccupied space bounded on two or more sides by the exterior walls of a building or buildings on the same lot.

"Cremated remains" or, cremains, means the ashes of a cremated human body.

"Curb level" means the level of the established curb in front of the building measured at the center of such front. Where a building faces on more than one street, the curb level shall be the average of the levels of the curbs at the center of the front of each street.

Day Care, Nursery. "Nursery day care" means a licensed facility where person(s) provide, for compensation or consideration for service, group care for four or more children under seven years of age for less than twenty-four (24) hours a day.

"Deck" means an exterior floor system supported on at least two opposing sides by an adjoining structure and/or posts, piers, or other independent supports, with a permeable floor which allows the infiltration of precipitation.

"District" means a section or sections of the incorporated area of the city for which the regulations and provisions governing the use of building and land are uniform for each class of use permitted therein.

Duplex. See "Dwelling, Two-Family."

"Dwelling" means a building or portion thereof, but not including a trailer or mobilehome, designed or used exclusively for residential occupancy, including one-family, two-family and multiple-family dwelling units, but not including hotels, motels, boarding or lodging houses.

"Dwelling, Attached. "Attached dwelling" means two or more single-family dwelling units attached and contiguous to each other by sharing a common wall or walls, with each unit having its own utility connections and individual entrances from the outdoors.

"Dwelling unit" means one or more rooms in a dwelling or apartment hotel designed for occupancy by one family for living purposes and having its own permanently installed cooking and sanitary facilities.

Dwelling, One-Family. "One-family dwelling" means a detached dwelling designed for or occupied exclusively by one family.

Dwelling, Two-Family. "Two-family dwelling" means a dwelling designed exclusively for occupancy by two families living independently of each other.

Dwelling, Multiple. "Multiple dwelling" means a dwelling designed for and containing three or more dwelling units, the occupants of which live independently of each other.

"Family."

1.

In the (R1) single-family (low density) residence district, "family" means an individual or two or more persons related by blood or marriage, adoption or legal guardianship, or evidence of a stable family relationship or a group of not more than four persons unrelated by blood or marriage, living together for single housekeeping in a dwelling unit. The right to maintain up to and including five unrelated persons in a preexisting rental dwelling unit in a single-family zoning district shall continue until such time as total structural repairs and alterations during its life exceeds fifty (50) percent of the assessed value of the rental dwelling unit or until such time as the dwelling unit is destroyed by fire or casualty or for a period of fifteen (15) years from the effective date of the ordinance codified in this section, whichever shall occur first. This right shall also terminate immediately should the tax parcel be found to have more than five unrelated individuals living within any rental dwelling unit with the knowledge of the landlord or the property manager.

2.

In the (R2) multiple-family (medium density) residence district and (R3) high density residence district, "family" means an individual or two or more persons related by blood or marriage, or evidence of a stable family relationship, or a group of not more than five persons unrelated by blood or marriage living together for single housekeeping in a dwelling unit.

"Farming" means the cultivation and growing of soil crops in the customary manner on open tracts of land; the raising of animals or poultry, except kennels and farms for disposal of garbage or offal; and the incidental retail selling by the producer of farm products raised on the premises.

"Farming general" means the growing of crops on existing non-forested tracts of land equal to or greater than thirty-five (35) acres in size but does not include the raising of livestock or the erection of or use of structures for agriculturally related purposes. For purposes of this definition, a tract of land shall constitute a lot or parcel of land on record at the register of deeds office prior to February 13, 2007. The incidental retail sale by the producer of farm products raised on such tract of land shall be allowed. Farming operations in existence at least five years prior to annexation may continue their operation. This includes preservation of the type and size of operation including livestock and crops.

"Floor area ratio (F.A.R.)" means the gross floor area of the building or buildings on that zoning lot divided by the area of such zoning lot or in the case of planned unit developments, by the net site area.

Floor Area, Gross. "Gross floor area" means the sum of the gross horizontal areas of the several floors of the building measured from the exterior faces of the exterior walls.

Floor Area, Livable. "Livable floor area" means the same as "floor area, gross" defined above, excluding all areas occupied by garages, porches, attics, stairways and storage, utility and heating rooms.

"Fraternity or sorority house" means a building occupied or to be occupied, by an organized group of ten (10) or more students and providing for a succession of memberships therein, where lodging or board or both are provided only for its members and guests of its members.

"Frontage" means the property of a lot on the side or sides nearest the street. For the purposes of yard requirements on corner lots and through lots, all sides of a lot adjacent to streets shall be considered frontage and yards shall be provided as indicated under yards in this section.

Garage, Private. "Private garage" means an accessory building designed to accommodate storage for vehicles, boats, trailers or recreational vehicles having a load rating of one ton or less used by the occupant of the building to which it is accessory.

Garage, Public. "Public garage" means any premises used for the storage or care of motor-driven vehicles or premises where any such vehicles are equipped for operation, are repaired or are kept for remuneration, for hire or for sale.

Garage, Truck. "Truck garage" means a building which is used or intended to be used for storage of motor trucks, truck trailers, tractors, semi-trailers and vehicles exceeding one ton in capacity.

"Gazebo" means a free standing roofed structure that is open on all sides.

Grade, Street. "Street grade" means the elevation of the established street the building measured at the center of such front. Where no street grade has been established, the city engineer shall establish such street grade or its equivalent for the purpose of this title.

"Group home" means a facility which provides twenty-four (24) hour service to three or more unrelated adults who reside in a facility where care, treatment or services are offered above the level of room and board, but not including nursing services.

"High rise building" means any structure designed for a specific use, the height of which exceeds forty-eight (48) feet.

"Home occupation" means an occupation or business activity that results in any commercial activity or enterprise for financial gain, benefit, advantage, livelihood, product or service that is conducted for gainful employment in a dwelling unit by a person residing in that dwelling unit. A home occupation is incidental to the residential use of the dwelling unit.

"Hospital" means an institution providing primary health services in medical or surgical care to persons, suffering from illness, disease, injury, deformity, and other abnormal physical or mental conditions, and including, as an integral part of the institution, related facilities such as laboratories, in- and out-patient facilities or training facilities.

"Hotel" means a building designed for occupancy as the temporary abiding place of individuals who are lodged with or without meals, in which there are six or more guest rooms or suites.

"Industrial park" means a special or exclusive type of planned industrial area designed and equipped to accommodate a community of industries, providing them with necessary facilities and services in surroundings compatible with neighboring uses.

"Junk yard" means land or buildings where waste, discarded or salvaged materials are bought, sold, exchanged, stored, cleaned, packed, disassembled or handled including, but not limited to, scrap metal, rags, papers, rubber, glass and lumber products and products from wrecking automobiles or other vehicles.

"Kennel" means any lot or premises on which four or more dogs at least four months of age are kept.

"Laboratory" means a place devoted to experimental study such as research, testing and analyzing. Manufacturing of a product is not included within this definition.

"Loading space" means an off-street space or berth on the same lot with a building or contiguous to a group of buildings for the temporary parking of a vehicle while loading or unloading merchandise or materials and which abuts upon a street, alley or other appropriate means of access.

"Lodging house" means a building with not more than five guest rooms where lodging is provided for compensation pursuant to previous arrangements but not open to the public or transients.

"Lot" means a parcel of land occupied or suitable for occupancy by one main building or use, with the accessory buildings, having its frontage upon a public street or highway.

"Lot area" means the square feet of land area within the lot lines.

"Lot coverage" means the area of a zoned lot occupied by the principal building or buildings and accessory buildings.

"Lot depth" means the mean horizontal distance between the front and rear lot lines.

"Lot of record" means a lot which is a part of a platted subdivision, the map of which has been recorded in the office of the register of deeds or a lot description by the metes and bounds, the deed to which was recorded in the office of the register of deeds prior to June 20, 1966.

"Lot width" means the horizontal distance between the side lot lines measured at right angles to the lot depth at the established front building line.

Lot, Corner. "Corner lot" means a lot located at the intersection of two streets or a lot bounded on two sides by a curving street, two chords of which form an angle of one hundred twenty (120) degrees or less measured on the lot side.

Lot, Double Frontage. "Double frontage lot" means a lot having frontage on two nonintersecting streets, as distinguished from a corner lot.

Lot, Interior. "Interior lot" means a lot other than a corner or reversed corner lot.

Lot Line, Front. "Front lot line" means the boundary of a lot abutting a street. On a corner lot, the shortest street lot line shall be the front lot line.

Lot Line, Rear. "Rear lot line" means the lot line or lot lines most nearly parallel to and remote from the front lot line. Lot lines other than front or rear lot lines are side lot lines.

"Mausoleum" means a building, structure or part of a building or structure that is used or intended to be used for the interment of human remains.

"Mausoleum space" means a niche, crypt or specific place in a mausoleum that contains or is intended to contain human remains.

Mini-warehouse. See "personal storage facility."

"Mobilehome" means a factory building structure more than eight feet in width and more than thirty-six (36) feet in length, equipped with the necessary service connections and electrical systems contained therein and made so as to be readily movable as a unit or units on its or their own running gear and designed to be used as a dwelling unit or units without a permanent foundation.

"Mobilehome park" means any plot or tract of ground upon which twenty (20) or more mobilehomes occupied for dwelling purposes are located, provided that such mobilehome is either occupied by the person who owns the mobilehome and the real estate upon which it is located or that the occupant of the mobilehome rents or leases the mobilehome or real estate upon which it is located from the owner thereof. No other land use shall be allowed other than those uses considered as an integral part of the mobilehome park.

"Mobilehome sales lot" means a lot, site, field or tract of land on which mobilehomes are displayed for sale.

"Motel" means a combination or group of two or more detached, semi-detached or connected dwellings occupying a building site integrally owned as a unit to furnish overnight living accommodations.

"Municipal water and sewer systems" means utility systems serving a group of buildings, lots or an area of the city with the design and construction of such utility systems as approved by the city.

"Nameplate" means a sign indicating the owner or the practice of a permitted occupation therein.

"Nonconforming building" means a building or structure or portion thereof which lawfully existed prior to the establishment of the zoning district in which it is now located which does not conform to the regulations for the zoning district in which it is now located.

"Nonconforming use" means an active, actual and continuous use of land, buildings or structure which was lawful prior to the establishment of the zoning district in which located and which does not conform to the use regulations for the zoning district in which located.

"Odorous matter" means any matter or material that yields an odor which is offensive in any way.

"Open space" means that area completely unobstructed by buildings, structures, roadways, parking facilities or other similar improvements. Open space may include required areas for side yard, front and rear setbacks as determined within the district regulation of this chapter. Open space may also include improvements that are of a recreational nature that are accessible to residents of the property in question.

"Open space ratio" means the minimum square footage of open space required for each square foot of floor area per floor.

"Parking space" means a land area of not less than one hundred eighty (180) square feet, exclusive of driveways and aisles, of such shape and dimensions and so prepared as to be usable for the parking of a motor vehicle and so located as to be readily accessible to a public street or alley.

"Particulate matter" means any dust, smoke or other form of airborne pollution in the form of minute separate particles.

"Personal storage facility" (see also "mini-warehouse") means uses oriented to the indoor storage of personal or small business related items entirely within partitioned buildings having an individual access to each partitioned area. Such storage areas may be available on either a condominium or rental basis.

"Plot" means a tract other than one unit of a recorded plat or subdivision and occupied and used as a home site and improved by the erection thereon of a dwelling and accessory buildings and having a frontage upon a public street, a thoroughfare or a highway or traveled or used road.

"Public open space" means any publicly owned open area including but not limited to parks, playgrounds, school sites, parkways and boulevards.

"Public utility" means any person, department or board authorized to furnish, under municipal regulation to the public, electricity, gas, steam, communication services, telegraph service, transportation or water.

"Public way" means any sidewalk, bikeway, street, alley, highway or other public thoroughfare.

"Religious association" means an association, conference, congregation, convention, committee, or other entity that is organized and operated for a religious purpose and that is exempt from federal income tax under 26 USC 501(c)(3) or (d) and any subunit of such an association, conference, congregation, convention, committee, or entity that is organized and operated for a religious purpose.

"Rental income" means payment of monies or any other consideration, of any form or quantity, received by an owner of property for use of the property by a person residing on the property, including but not limited to, rental payments, house-sitting, baby-sitting, elderly care, housework, lawn care, and general maintenance.

Rental, Residential. "Residential rental" means any residential dwelling unit, the owner of which receives rental income as defined in this chapter. Rental includes owner occupied dwelling units.

"Rest home or nursing home" means a home for the care of children or the aged or infirm or a place of rest for those suffering bodily disorders. Such home does not contain equipment for surgical care.

"Rooming unit" or "lodging unit" means a room rented as sleeping and living quarters, but without cooking facilities and with or without an individual bathroom. In a suite of rooms without cooking facilities, each room which provides sleeping accommodations shall be counted as one lodging room or rooming unit.

"School" means any public or private institution, building or part thereof that is designated, constructed, or used for education or instruction of knowledge and including, as an integral part of the institution, related facilities and properties.

"Screen porch" means a structure on or near the exterior of the house that has been covered by window screens to hinder insects, debris and other undesirable objects entering the area inside the screen.

"Semi-trailer" means a vehicle of the trailer type so designed and used in conjunction with a truck-tractor so that a considerable part of its own weight or that of its load rests upon and is carried by the truck-tractor semi-trailer combination.

"Setback line" means the minimum horizontal distance between the lot line and the line of the building or the allowable building line as defined by the regulations of this chapter.

"Sign" means any words, letters, figures, numerals, phrases, sentences, emblems, devices, trade names or trademarks by which anything is made known and which are used to advertise or promote an individual, firm, association, corporation, professional business, commodity or product and which are visible from any public street or highway.

Sign, Advertising. "Advertising sign" means a sign which directs attention to a business, commodity, service, activity or entertainment not necessarily conducted, sold or offered upon the premises where such sign is located.

Sign, Business. "Business sign" means a sign which directs attention to a business or profession or to a commodity, service or entertainment sold or offered upon the premises where such a sign is located.

"Sign display surface" means that portion of a sign on which information or advertisement may be displayed.

Sign, Flashing. "Flashing sign" means an illuminated sign on which such illumination is not kept stationary or constant in intensity and color when the sign is in use.

Sign, Illuminated. "Illuminated sign" means a sign which has characters, letters, figures, designs or outlines illuminated by electric lights or luminous tubes as a part of the sign.

Sign, Pylon. "Pylon sign" means a free-standing sign erected upon a single pylon or post which is in excess of ten (10) feet in height.

Sign, Rotating. "Rotating sign" means a sign which revolves or rotates on its axis.

"Story" means that portion of a building included between the surface of any floor and the surface of the floor next above it; or, if there is no such floor above, the space between such floor and the ceiling next above it.

Story, Half. "Half story" means a space under a sloping roof which has the line of intersection of roof decking and wall face not more than three feet above the top floor level and in which space not more than two-thirds of the floor area is finished off for use. A half story containing independent apartment or living quarters shall be counted as a full story.

"Street" means a public or private right-of-way which affords a primary means of vehicular access to abutting property, whether designated as a street, avenue, highway, road, boulevard, thoroughfare or however otherwise designated but does not include driveways to buildings.

"Structural alterations" means any change in the supporting members of a building such as bearing walls, columns, beams or girders or any substantial changes in the roof or exterior walls.

"Structure" means anything constructed or erected, the use of which requires permanent location on the ground or attachment to something having a permanent location on the ground.

Structure, Attached. "Attached structure" means a structure joined to other structures by part walls or walls.

Structure, Detached. "Detached structure" means a structure entirely surrounded by open space, such open space being on the same zoned lot as the structure.

Swimming Pool, Private. "Private swimming pool" means any pool, tank, depression or excavation in or above ground or other structure that causes retaining of water of depth greater than twenty-four (24) inches and has a plane surface of water greater than one hundred fifty (150) square feet which is designed or used for swimming or immersion purposes and serves fewer than three individual dwelling units, such as homes or apartments.

"Townhouses" means attached dwellings having common side walls with each unit having a separate front and rear entrance from the outdoors.

"Trailer" means every vehicle without motive power designed for carrying persons or property and for being drawn by a motor vehicle.

"Travel trailer" means a vehicular, portable structure identified from the manufacturer as a travel trailer, built on a chassis, designed to be used as a temporary dwelling for travel, recreational and vacation uses and when equipped for the road, having a width not exceeding eight feet and a body length not exceeding thirty-two (32) feet.

"Urban reserve area" means the area of the Town of Kinnickinnic defined in Section 2.13 of the cooperative boundary plan between the City of River Falls and the Town of Kinnickinnic, dated February 7, 2019 and Exhibit B, thereto.

"Use" means a purpose for which land or premises or a building thereon is designated, arranged or intended or for which it is or may be occupied or maintained.

Use, Special. "Special use" means a use which is generally not suitable in a particular zoning district, but which may under some circumstances and with the application or conditions as prescribed in a special use permit be suitable. For the purposes of this title, special uses shall also mean special exceptions as defined in Section 62.23, Wis. Stats.

Use, Principal. "Principal use" means the main use of land or buildings as distinguished from a subordinate or accessory use. A principal use may be permitted or conditional.

Use, Permitted. "Permitted use" means a use which is lawfully established in a particular zoning district, provided it conforms with all requirements, regulations and standards of such district.

"Variance" means a modification of or waiver from the strict interpretation of the provisions of this title as applied to a specific piece of property.

"Yard" means an open space on the same zoning lot with a building or structure, which yard is unoccupied and unobstructed from the ground upward.

Yard, Front. "Front yard" means a yard extending across the front lot line between the side yard lines and lying between the front lot line and the nearest part of the main building. On corner lots formed by the intersection of two streets, the front yard is the yard adjacent to the front lot line of least lineal distance.

Yard, Rear. "Rear yard" means an open space unoccupied, except for accessory buildings, on the same lot with a building between the nearest of the main building and the rear lot line for the full width of the lot.

Yard, Side. "Side yard" means an open, unoccupied space on the same lot with a building between the building and the side line of the lot and extending from the front yard to the rear yard.

"Zoning map" means the map or maps incorporated into this title as a part hereof designating the use districts.

(Ord. 2007-22; Ord. 2007-02; Ord. 2006-23; Ord. 2006-13 (part); Ord. 2005-1 § 1; Ord. 2000-22; prior code § 21.02)

(Ord. No. 2017-05, § 1, 3-14-2017; Ord. No. 2017-09, § 1, 4-11-2017; Ord. No. 2017-10, § 1, 4-11-2017; Ord. No. 2017-19, § 1, 11-14-2017; Ord. No. 2021-03, § 3, 5-11-2021; Ord. No. 2022-08, § 1, 8-23-2022)

A.

The provisions of this title shall be held to be minimum requirements adopted to promote the health, safety and general welfare of the city and shall be construed in favor of the city and shall not be deemed a limitation or repair of any power granted by the Wisconsin Statutes.

B.

These provisions are not intended to abrogate any easement, covenant or any other private agreement, provided that where these regulations are more restrictive or impose higher standards or requirements than the easement covenant or other private agreement, the requirements of the provisions of this title shall prevail.

C.

Those uses listed as permitted uses in each zoning district shall be interpreted to be nonexclusive and that similar uses may be permitted upon interpretation by the plan commission.

(Prior code § 21.03)