The purpose of this chapter is to outline specific rules and procedures whereby the provisions of this title shall be administered and enforced.

(Prior code § 21.60)

The zoning administrator shall have primary responsibility for the enforcement of this title. No structure shall be built, moved or altered and the use of land substantially changed except after having obtained a permit therefor from the zoning administrator.

A.

Powers and Duties. The zoning administrator shall have the following powers to enforce the provisions of this title:

1.

Examine and approve any application pertaining to the use of land, buildings or structures to determine if the application conforms with the provisions of this title;

2.

Issue all zoning certificates and keep permanent records thereof;

3.

Conduct inspections of buildings, structures and uses of land to determine their compliance with this title;

4.

Receive, file and forward for action all applications for appeals, variation, special uses and amendments to this title which are filed in the zoning office;

5.

Initiate, direct and review from time to time a study of the provisions of this title and make reports of his or her recommendations to the plan commission and the city council not less frequently than once a year;

6.

Revoke certificates of zoning compliance where provisions of this chapter are being violated;

7.

Maintain permanent and current records of zoning code, including all maps, amendments, special uses and variations;

8.

Provide and maintain public information relative to all matters arising out of this title.

9.

Upon recommendation of the zoning administrator, the department director is authorized to grant administrative relief, with or without conditions, not to exceed ten (10) percent of the applicable requirement/standards set forth in this title, subject to the following:

a.

The administrative relief is consistent with the comprehensive plan and is consistent with the zoning ordinance.

b.

The administrative relief applies only to setbacks, building height, site coverage, open space and number of parking stall requirements

c.

The administrative relief will not create conditions detrimental to the public health, safety and general welfare or will not be injurious to or incompatible with other properties or land uses in the vicinity.

B.

Permit Applications.

1.

Building Permits Required. No building or other structure shall be erected, moved, added to or structurally altered without a permit issued by the zoning administrator or designee. No building permit shall be issued by the zoning administrator except in conformity with this subsection, Title 16 of this Municipal Code, state and local building codes and all other applicable codes unless the applicant has received a written order from the board of appeals granting a variance to this subsection.

2.

Application for Building Permit. All applications for a building permit shall be accompanied by plans in duplicate or as many sets of plans as the zoning administrator or designee needs to properly review the application. Such plans shall be drawn to scale showing the actual dimensions and shape of the lot to be built upon, the exact sizes and locations on the lot of buildings already existing, if any; and the location and dimensions of the proposed building or alteration. The application shall include such other information as lawfully may be required, including, but not limited to:

a.

Proof of ownership or proof of agency relationship between owner and applicant;

b.

Where a permit is applied for new construction or construction that will alter the exterior foundation dimensions, the applicant shall provide a current title opinion from an attorney licensed in Wisconsin that indicates the degree and extent of private land restrictions, covenants and other such private land restrictions beyond the jurisdiction of the city. Further, the applicant shall hold the city harmless from any errors or omission provided in the title opinion;

c.

Plans submitted by the applicant for all commercial structures and accessory uses and parking lots shall be prepared by a licensed architect, engineer or land surveyor;

d.

Applicants for commercial structures, accessory uses and parking lots shall submit four complete sets of plans illustrating all necessary information as required by the city;

e.

All applications for commercial structures, accessory uses and parking lots shall be accompanied with a fee payable to the city and deposited with the city clerk for the purpose of covering the cost of plan review. The fee will be set from time to time by resolution of the city council;

6.

One copy of the plans shall be returned to the applicant by the zoning administrator after he or she shall have marked such copy, either as approved or disapproved and shall have attested to the same by his or her signature on the returned copy. One copy of the plans shall be retained by the zoning administrator;

7.

Where the applicant or the zoning administrator or his or her designee desire to have the plan approval and building permit reviewed and acted upon by the plan commission, the applicant or the administrator may request that the item be placed on the next regularly scheduled agenda of the plan commission for action to be taken.

(Ord. 1999-7 (part); prior code § 21.61)

(Ord. No. 2016-12, § 1, 8-24-2016)

A.

How Constituted. The board of appeals shall consist of five members appointed by the mayor, subject to confirmation by the council, for terms of three years pursuant to Section 62.23(7), Wis. Stats.

B.

The members shall serve with compensation as provided in Section 2.08.060 and shall be removable by the mayor for cause upon written charges and after public hearing. The board of appeals shall make and file in the office of the city clerk its own rules of procedure consistent with the statutes. The minutes of proceedings and hearings before the board and all variances granted by it shall be filed promptly at the office of the city clerk and shall be open for public inspection during office hours. The concurring vote of four members of the board shall be necessary to reverse any order, requirement, decision or determination appealed from or to decide in favor of the applicant on any matter on which it is required to pass or to effect a variance. A concurring vote of a majority of the quorum is sufficient if the decision of the board is advisory or upholds the zoning administrator's decision. The grounds of every such determination shall be stated and recorded.

C.

Alternate Members. The mayor may appoint, for staggered three year terms, two alternate members to the board of appeals. Annually, the mayor shall designate one of the alternate members as first alternate and the other as second alternate. The first alternate shall act with full power only when a member of the board refuses to act because of interest or is absent. The second alternate shall so act only when the first alternate so refuses or is absent, or when more than one member of the board so refuses or is absent.

D.

Powers and Duties. The board of appeals shall have the following duties, powers and responsibilities:

1.

To hear and decide appeals where it is alleged that there is an error in any order, requirement, decision or determination made by an administrative officer in the enforcement of the zoning code.

2.

To hear requests for variances from the literal provisions of this title in instances where their strict enforcement would cause undue hardship because of circumstances unique to the individual property under consideration, and to grant such variances only when it is demonstrated that such actions will be in keeping with the spirit and intent of this chapter. The board of appeals may not permit as a variance any use that is not permitted under this title for property in the zone where the affected person's land is located. The board of appeals may impose conditions in the granting of variances to ensure compliance with the variance and to protect the adjacent properties.

E.

The board of appeals may grant a variance subject to the following conditions:

1.

That because of the particular physical surroundings, shape or topographical conditions of the specific parcel of land involved a particular hardship to the owner would result as distinguished from a mere inconvenience if the strict letter of the regulation were carried out;

2.

That there are exceptional or extraordinary circumstances or conditions applying to the land or building which do not apply generally to land or building in the same zone classification;

3.

That the purpose of the variance is not based exclusively upon a desire to increase the value or the income potential of the parcel of land;

4.

That granting of the variance is necessary for the preservation and employment of substantial property rights of the petitioner and the alleged difficulty or hardship is caused by this chapter and has not been created by any person having an interest in the parcel of land;

5.

That granting of such variance will not, under the circumstances of this particular case, materially affect adversely the health and safety of persons residing or working in a neighborhood of the property of the applicant and will not, under the circumstances of this particular case, be materially detrimental to the public welfare or injurious to the property or improvements in such neighborhood.

F.

The following procedures shall be applicable in making an appeal to the board of appeals:

1.

Any person appealing to the board of appeals shall make written application providing such information as is necessary to the city clerk and make a payment of a fee. The fee will be set from time to time by resolution of the city council.

2.

The board of appeals shall hold a public hearing on the appeal. Notice of the hearing shall be published in the official newspaper at least ten (10) days before the hearing. Due notice shall also be sent to the parties in interest.

3.

The board of appeals after review of the application and within fourteen (14) days after the hearing shall make a decision on the appeals.

4.

In granting an appeal or a variance under the provisions of this section the board of appeals shall designate such conditions in connection therewith as will, in its opinion, secure substantially the objectives of the regulations or provisions to which the appeal or variance is granted as to the public health, safety, comfort, convenience and general welfare.

(Ord. 1999-7 (part); Ord. 1998-12; prior code §§ 1.50, 21.62)

A.

Applicability. This section applies to any use for which a special use permit is required by the provisions of this title.

B.

Definitions.

1.

"Substantial evidence" means facts and information, other than merely personal preferences or speculation, directly pertaining to the requirements and conditions an applicant must meet to obtain a conditional use permit and that reasonable persons would accept in support of a conclusion (§62.23(7)(de)1.b., Wisconsin Statutes).

C.

Procedure.

1.

Application and Hearing. Any special use listed in this chapter shall be permitted only when authorized by plan commission. Application for a special use permit and fee as listed in the adopted fee schedule shall be made to the community development department which shall refer it to plan commission.

2.

Public Hearing and Notification. The plan commission shall hold at least one public hearing thereon.

3.

Notification. A Class 2 Notice of said public hearing shall be published according to Chapter 985, Wisconsin Statutes. Notification shall also be sent to all property owners and residents within five hundred (500) feet of the property for which a special use permit has been requested. In addition to a notice in the newspaper being published of each proposed special use permit application, a sign shall be placed on the property for which the special use is being requested. The sign shall be prominently displayed, visible from a public street and securely placed thereon at least ten (10) days prior to the scheduled plan commission at which the special use permit application will be acted upon. Said sign shall indicate the place and time of the proposed meeting, identifying the nature of the special use, all affected properties, and contact information for more information. The poster shall be removed within seven days of the last hearing listed on the sign.

4.

Review and Approval. The plan commission shall review the following, as applicable: site, existing and proposed structures, architectural plans, neighboring uses, parking areas, driveway locations, highway access, traffic generation and circulation, drainage, sewerage and water systems, and the proposed operation.

5.

Approval or Denial.

a.

If an applicant for a special use permit meets or agrees to meet all of the requirements and conditions imposed herein, the plan commission shall grant the special use permit.

b.

Any conditions imposed under subsection D, below, must be reasonable and, to the extent practicable, measurable and may include conditions such as the permits duration, transfer or renewal. The applicant must demonstrate that the application and all requirements and conditions established by the city relating to the conditional use permit are or shall be satisfied, both of which must be supported by substantial evidence.

c.

Once granted, a special use permit shall remain in effect as long as the conditions upon which the permit was issued are followed, or until the duration of the permit expires or any other conditions if so designated in the approval resolution.

6.

Appeals. If a special use permit application is denied, the applicant may appeal the decision to the board of appeals.

D.

Conditions.

1.

The plan commission may impose conditions, such as landscaping, architectural design, type of construction, construction commencement and completion dates, sureties, lighting, fencing, planting screenings, operation control, hours of operation, improved traffic circulation, deed restrictions, highway access restrictions, increased yards, parking requirements, duration, transfer, or renewal.

2.

Any condition imposed by the plan commission must be related to the purpose of the ordinance and be based on substantial evidence.

3.

Compliance with all other provisions of this chapter, such as lot width and area, yards, height, parking, loading traffic, highway access, and performance standards, shall be required of all special uses.

E.

Violation and Revocation.

1.

Any permitted special use which does not continue in conformity with the conditions of the permit shall be considered a violation of this section.

2.

Revocation. Any special use permit granted by the plan commission may be revoked if it is found that the use is not being conducted in compliance with the plans and specifications submitted with the application and subsequently approved, or is being operated in violation of the conditions of the special use permit.

3.

Public Hearing. The plan commission shall hold a public hearing thereon.

4.

Notification. A Class 1 Notice of said public hearing shall be published according to Chapter 985, Wisconsin Statutes. Notification shall also be sent to the property owner of property for which a violation has been determined. Said notification shall include the reason(s) for the revocation.

5.

Once notified in writing, the permittee shall be allowed to present evidence on his/her behalf in writing and may attend the public hearing.

6.

After the public hearing, the plan commission may revoke or modify the special use permit.

(Ord. No. 2021-04, § 1, 6-8-2021; Ord. No. 2021-10, § 1, 11-9-2021)

Editor's note— Ord. No. 2021-04, § 1, adopted June 8, 2021, repealed the former § 17.104.040, and enacted a new § 17.104.040 as set out herein. The former § 17.104.040 pertained to similar subject matter and derived from prior code § 21.63 and Ord. No. 1999-7.

A.

Generally. These provisions and the accompanying zoning map may be amended whenever the public necessity, convenience and the general welfare of the community require such amendment.

1.

Amendments may change the zoning classification of any parcel of land in the city.

2.

Amendments may change any provisions of the zoning code.

B.

Procedure on Amendments. The council may by ordinance amend these provisions and the accompanying zoning map subject to the following:

1.

An amendment may be initiated by the council, the plan commission or by a verified petition of not less than fifty (50) percent of the property owners within the boundaries of the proposed amendment and fifty (50) percent of those property owners within three hundred (300) feet of the boundaries of the proposed change. The person or group desiring the amendment shall file a written request for amendment with the city clerk and make payment of a fee. The fee will be set from time to time by resolution of the city council.

2.

The city clerk shall prepare the proposed zoning amendment incorporating all necessary information and forward the proposed amendment and information to the plan commission.

3.

The plan commission shall:

a.

Written notice shall be given as follows: (1) using information available to it, the city shall attempt to provide written notice to all property owners whose properties lie outside of but within three hundred (300) feet of the exterior boundary of the territory proposed change in zoning; and (2) to all property owners whose properties are included in a petition for a change in zoning but who did not join in the petition. This notice requirement shall not, however, apply with respect to a comprehensive revision of the zoning code.

b.

In addition to notice in the newspaper being published of each proposed rezoning, the applicant for each rezoning shall post the property subject to the rezoning with a zoning change poster obtained from the planning department. Such poster shall be prominently displayed, visible from a public street and securely placed thereon at least ten (10) days prior to the scheduled plan commission and city council meeting at which the rezoning will be acted upon. Said poster shall indicate the place and time of the proposed meeting, identifying the nature of the proposed change, all affected properties, and contact information regarding the proposal at the planning department. The poster shall be removed within seven days of the last hearing listed on the poster.

c.

After it has met on the matter of the proposed rezoning, the plan commission shall forward to the city council a report containing the commission's findings and recommendations concerning each proposed amendment to the zoning code or rezoning.

4.

Prior to taking any action on a proposed rezoning, the city council shall hold at least one public hearing, to be held on publication of a Class 2 Notice under Chapter 985, Wis. Stats. Said notice shall be published in the official newspaper with the last date of insertion at least seven days prior to the date of the meeting.

(Ord. 2007-26 § 1; Ord. 2007-19 §§ 1, 2; Ord. 1999-7 (part); prior code § 21.64)

A.

Violations. Any building, structure or improvement erected, built, moved or maintained, or any use of property contrary to the provisions of the zoning code is hereby declared to be unlawful and a public nuisance.

B.

Remedies and enforcement powers. Failure to comply with any provision of this title is hereby declared unlawful. The following remedies and enforcement powers may be used to administer and enforce this title.

1.

Withhold Permits. The city may deny or withhold all permits, certificates, or other forms of authorization on any land or structure or improvements thereon upon which there is an uncorrected violation of a provision of this title or of a condition or qualification of a permit, certificate, approval, or other authorization previously granted by the city. This enforcement provision shall apply regardless of whether the current owner or applicant is responsible for the violation in question.

2.

Permits Approved with Conditions. Instead of withholding or denying a permit or authorization the city may grant such authorization subject to the condition that the violation be corrected.

3.

Revoke Permits. Any permit issued under this title may be revoked when the zoning administrator determines any one of the following:

a.

That there is departure from the plans, specifications, or conditions as required under terms of the permit.

b.

That the development permit was procured by false representation or was issued by mistake.

c.

That any of the provisions of this title are being violated. Written notice of such revocation shall be served upon the owner, the owner's agent or contractor, or upon any person employed on the building or structure for which such permit was issued, or shall be posted in a prominent location; and, thereafter, no such construction shall proceed.

4.

Revoke Plan or Other Approval. Where a violation of this title involves a failure to comply with approved plans or conditions to which the approval of such plans was made subject, the city council may, upon notice to the applicant and other known parties in interest (including any holders of building permits affected) and after a public hearing, revoke the plan or other approval or condition its continuance on strict compliance with this title, the provision of security to ensure that construction is completed in compliance with approved plans, or such other conditions as the city council may reasonably impose.

5.

Injunction and Abatement. The city may initiate injunction or abatement proceedings or other appropriate action in a court of competent jurisdiction against any person who fails to comply with any provision of this title, or any requirement or condition imposed pursuant to this code, to prevent, enjoin, abate, or terminate violations. The city may seek a court order in the nature of mandamus, abatement, injunction, special declaratory judgment or other action for proceeding to abate or remove a violation or to otherwise restore the premises in question to the condition in which they existed prior to the violation.

6.

Civil Filings. It is unlawful to erect, construct, reconstruct, maintain or use any land in any zoning district in violation of any regulation or any provisions of this title. Any person, firm or corporation violating this title or any part thereof, is guilty of a municipal civil offense. Each and every day during which the illegal erection, construction, reconstruction, alteration, maintenance or use continues is a separate offense.

7.

Other Powers. In addition to the enforcement powers specified in this title, the city may exercise any and all enforcement powers granted by Wisconsin law. If deemed necessary by the city for public health and safety reasons, the city may immediately commence all necessary actions or proceedings for the abatement, enjoinment and removal thereof in the manner provided by law, and may apply to such court or courts as may have jurisdiction to grant such relief as will abate, enjoin and remove the building or use and restrain and enjoin any person, firm or corporation from setting up, erecting, building, moving or maintaining any such building or using any property contrary to the provisions of this title.

C.

Civil Enforcement Procedures for Emergency Matters. In the case of violations of this title that constitute an emergency situation as a result of safety or public concerns or violations that will create increased problems or costs if not remedied immediately, the city may use the enforcement powers available under this title without prior notice.

D.

Enforcement Procedures for Non-Emergency Matters. Any person or property owner found in violation of the provisions of this title shall be given a courtesy notice via a verbal, door hanger or mailed written notice by the building inspector or that person's designee; community development director or that person's designee; all of which are designated as enforcement officers, requiring compliance with the provision of this title. The notice shall include a description of the violation, the location or address of the item(s) in violation, and that failure to comply with the provisions of this title may result in forfeitures being assessed. Additionally, the notice shall inform the violator that removal from the specified location to another location upon which such use is not permitted is prohibited and shall be subject to additional penalties.

1.

Notice of Violation. If after an inspection and informal attempts have failed to gain compliance with this title in a non-emergency situation, a reinspection of the property shall occur after ten (10) calendar days of the courtesy notice and if the violation exists, a formal notice of violation shall be issued to the owner, owner's statutory or authorized agent, occupant, lessee or person in control of the property by certified mail, return receipt requests and first class mail. This notice shall contain the following:

a.

Legal identification of property.

b.

Statement of violations in sufficient detail to allow an owner or responsible party to identify and correct the problem.

c.

The expected compliance deadline of at least ten (10) calendar days from the date of the notice.

d.

A re-inspection date.

e.

Address. E-mail, and telephone number of a city representative to contact.

f.

A warning that failure to comply may result in the filing of a civil case.

g.

A warning that failure to comply may also result in an administrative or court abatement action by the city, which the owner or responsible person will be financially liable through a lien process that may include foreclosure of the property.

h.

Appeal rights (board of appeals, the protocol thereunder and required fees).

2.

Citation. A reinspection of the property shall occur after ten (10) calendar days of the formal notice of violation and if the violation exists, a citation may be issued by the city to the person or property owner responsible for the violation.

3.

Officer Discretion. The enforcement officer shall use their discretion in escalating the violation from the courtesy notice, notice of violation, and citation if the responsible person or property owner is making all reasonable attempts to abate the violation.

4.

Subsequent Violations and Notices. Notice is not required for second and subsequent violations occurring within a one-year period of the first violation of this title.

5.

If the violation continues after the first offense, the city may abate the public nuisance following the process in Section 8.32.070.

E.

Effective Date. Any notice issued under this title shall be deemed effective on the date when written notice is hand-delivered or sent via first class U.S. certified mail, return receipt requested, to the individuals referenced above. Any recorded notice shall run with the land and shall constitute legal notice for all purposes of this title to all parties and entities thereafter acquiring an interest in the property. Officers may use their discretion in granting extensions for compliance with the code, depending on the violators' efforts to date.

F.

Civil Citations and Complaints. If the owner or other responsible party fails to comply with the notice of violation, and fails to appeal the notice, or loses the appeal hearing and fails to pursue other available appellate courses of action, a civil action to enforce the provision of this title may be commenced and a summons shall be issued in accordance with the procedures set forth in Wisconsin Statutes and applicable city ordinances. Jurisdiction of proceedings in this title shall be in the municipal court of the City of River Falls. The community development director and/or their designee shall be responsible for filing civil citations with the River Falls Municipal Court subject to the following:

1.

Separate Offences. Every day any violation of any provision of this title continues shall constitute a separate violation or offense. The owner of record may be presumed to be a person having lawful control over the building, structure or parcel of land which is the subject of the violation. If more than one person is recorded as the owner of the property, the persons may be jointly and severally presumed to be the persons having lawful control over the building, structure or parcel of land.

2.

Municipal/Civil Hearing Procedure. A person lawfully served with a civil citation shall appear at the time and place stated on the citation, which is the initial appearance. At the initial appearance, the defendant will be asked to make a plea of no contest, guilty or not guilty. If the defendant makes a no contest or guilty plea, they may be found guilty, and fines and penalties will be assessed. If the defendant makes a not guilty plea, the matter will be scheduled for a pretrial with the city attorney, who represents the plaintiff, and the citation(s) will be discussed. If an agreement is not reached at the pretrial, the matter will be scheduled for a trial. Trials are audio-recorded. The defendant may elect to be represented by counsel at their expense. If the defendant fails to appear, a default no contest plea will be entered on their behalf and fines and penalties will be assessed.

3.

Appeal of Civil Court Hearing. Any party may appeal the judgment of the municipal court to the circuit court.

G.

Validity of Permit. The issuance or granting of a building or use permit or approval of plans or specifications under the authority of this title shall not be deemed or construed to be a permit for or an approval of any violation of any of the provisions of this title or the amendments thereto or of any other ordinance or law. No permit presuming to give authority to violate or cancel any of the provisions of this title or any existing law shall be issued, and if issued shall not be valid; except insofar as the work or use which it authorizes is lawful and permitted.

H.

Enforcement by City Officials. It shall be the duty of the community development director or their designee to enforce the provisions of the zoning code.

I.

Remedies. All remedies provided for herein shall be cumulative and not exclusive. The conviction and punishment of any person hereunder shall not relieve that person from the responsibility to correct prohibited conditions or to remove prohibited buildings, structures or improvements, nor to prevent the enforcement, correction or removal thereof.

J.

Abatement of Public Nuisances. The city may enforce the provisions of this title in accordance with the procedure in Section 8.32.070 to abate public nuisances.

K.

Forfeiture and Cost of Abatement. Any person who violates this title shall be subject to penalty as provided in Chapter 1.20 of this municipal code. In addition to any other penalty imposed by this title for the erection, contrivance, creation, continuance or maintenance of a public nuisance, the cost of abating a public nuisance by the city shall be collected as a debt from the owner, occupant person causing, permitting or maintaining the nuisance; and if notice to abate the nuisance has been given to the owner, such cost shall be assessed against the real estate as a special charge.

(Ord. No. 2022-10, § 1, 8-23-2022)

Editor's note— Ord. No. 10, § 1, adopted August 23, 2022, repealed the former § 17.104.060, and enacted a new § 17.104.060 as set out herein. The former § 17.104.060 pertained to violations—penalties and derived from prior code § 21.65.