The extraterritorial zoning district is that area lying outside of the city, but within one and one-half miles of the city limits as shown on the map entitled "City of River Falls Extraterritorial Zoning Map." The purpose for the extraterritorial district is to provide for proper zoning and control over the area and allow for orderly growth and development.

(Prior code § 20.02)

(Ord. 2009-12, § 1, 9-8-09; Ord. No. 2021-03, § 11, 5-11-2021)

The purpose of this chapter is to promote the health, safety, morals and general welfare; regulate the location and use of buildings, structures and land for trade, industry, residence and other purposes; divide the extraterritorial zoning district of the city into districts of such number, shape and area as are deemed best suited to carry out such purposes; provide a method for its administration and enforcement; and to provide penalties for the violations.

(Prior code § 20.02)

A.

The provisions of this chapter shall be held to be minimum requirements adopted to promote the health, safety, morals, comfort, prosperity and general welfare of the citizens of the extraterritorial zoning district.

B.

This chapter shall not repeal, impair or modify private covenants or public ordinances, except that it shall apply whenever it imposes stricter restrictions on land use.

(Prior code § 20.03)

As used in this chapter:

"Accessory building" means any building, except the principal building or buildings on a lot. In the case of a house and detached garage on a lot, the accessory building is the garage.

"Block" means a group of platted lots that is entirely bounded by a combination or combinations of streets, water bodies, subdivision boundaries or corporate limit lines. Whenever a block is enlarged by succeeding subdivision acts, it shall only constitute one block.

"Boarders" or "roomers" means any person or persons who get meals and/or a room in a dwelling unit for pay or other consideration.

"Day care center" means a licensed facility where a person, other than a relative or guardian, provides care and supervision for four or more children for less than twenty-four (24) hours a day and for compensation.

"Duplex" means a residential building containing two dwelling units.

"Dwelling" means any building which is wholly or partly used or intended to be used for living or sleeping by human occupants, provided that temporary housing as herein defined shall not be regarded as a dwelling.

"Dwelling unit" means any room or group of rooms located within a dwelling and forming a single habitable unit with facilities which are used or intended to be used for living, sleeping, cooking and eating.

"Family" means a person living alone or two or more individuals who are related to each other by blood, marriage, adoption or legal guardianship living together as a single housekeeping unit and using common cooking facilities. For purposes of this chapter, a group of not more than five persons not necessarily so related, but living together in a single living unit and using common cooking facilities, shall be considered equivalent to a single family.

"Fraternity house" means a building occupied by a group of people with a charter as its basis of organization.

Garage, Private. "Private garage" means an accessory building or space for the storage only of not more than two motor driven vehicles.

Garage, Storage. "Storage garage" means any building or premises used for storage only of motor driven vehicles and where no vehicle equipment, parts, fuel or oil are sold and where no vehicle exceeding two tons capacity shall be stored.

"Home occupation" means a gainful occupation conducted by members of the family only within their place of residence, provided that no article is offered for sale on the premises, except such as is produced by such occupation, that no stock in trade is kept or sold, that no mechanical equipment is used other than such as is permissible for purely domestic purposes and that no sign other than one unlighted name plate not more than one square foot fifteen (15) installed.

"Lot" means a parcel of land described in a recorded plat or deed.

"Mobilehome" means that which is or was as originally constructed, designed to be transported by any motor vehicle upon a public highway and designed, equipped and used primarily for sleeping, eating and living quarters or is intended to be so used and includes any additions, attachments, annexes, foundations and appurtenances.

"Multiple dwelling" means any dwelling containing more than one dwelling unit.

"Rooming house" means any dwelling containing one or more rooming units in which space is let by the owner or operator to three or more persons for pay or other consideration. It is intended that cooperatives, communes or other nonchartered groups of people be included under this definition.

"Rooming unit" means any room or group of rooms forming a single habitable unit used or intended to be used for living and sleeping but not for cooking or eating purposes.

"Structure" means anything constructed or erected having location on the ground.

"Temporary housing" means any tent, trailer or other structure used for human shelter which is designed to be transportable and which is not attached to the ground, to another structure or to any utilities system on the same premises for more than thirty consecutive days.

"Rural home occupation" means a gainful occupation conducted by members of the family only, on their property at which they reside; provided, that no article is offered for sale on the property except such as is produced by the occupation, that no stock in trade is kept or sold, and that no sign other than one unlighted name plate not more than one square foot is installed.

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

(Prior code § 20.04)

Eight zoning districts are provided as follows:

A.

Single-family suburban residence (RS);

B.

Single-family residence (R1);

C.

Multiple-family residence (R2);

D.

Highway commercial (C);

E.

Industrial (I);

F.

Agricultural (A);

G.

Exclusive agricultural (A-1);

H.

Conservancy (W).

(Prior code § 20.05)

A.

The extraterritorial zoning map is an integral part of this chapter. The original electronic version of this map entitled "City of River Falls Extraterritorial Zoning Map" shall be kept in the engineering department. Copies of the map together with a copy of this chapter shall be kept in the office of the city clerk available for public inspection during office hours. The city clerk shall certify the map. Any changes in the zoning district boundaries shall be recorded on the map. No such change shall be effective until so recorded.

B.

The district boundaries are either streets or alleys unless otherwise shown, and where the designation on the map indicates that the various districts are approximately bounded by a street or alley line, such street or alley line shall be construed to be the district boundary line.

C.

Where the district boundaries are not otherwise indicated and where the property has been or may hereafter be divided into blocks and lots, the district boundaries shall be construed to be lot lines and where the designations on the map are approximately bounded by lot lines, such lot line shall be construed to be the boundary of the district.

D.

In unsubdivided property, the district boundary shown on the map shall be determined by use of the scale shown on such map.

E.

The "City of River Falls Extraterritorial Zoning Map" is amended by changing the zoning districts of those properties which are indicated as farmland preservation areas on the map so named, to Al exclusive agricultural district.

(Prior code § 20.06)

(Ord. 2009-12, § 2, 9-8-09)

A.

After adoption of this chapter, no lot area shall be so reduced that the dimension and yard requirements imposed by this chapter cannot be met. However, where existing lots do not satisfy such requirements, the board of appeals may grant a variance.

B.

Setback, lot size and other dimensional requirements applicable to the various zoning districts are indicated in the sections following.

C.

Accessory buildings shall not occupy more than thirty (30) percent of the required area for the rear yard. Any accessory building projected forward of the rear building line of the principal building shall satisfy the same side yard requirements as the principal building.

D.

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. Fire escapes may project into a required yard area not more than five feet.

E.

In each quadrant of every street intersection there shall be designated a vision clearance triangle, bounded by the inner street lines and a line connecting them thirty-five (35) feet from their intersection. Within this triangle, no object shall be allowed above a height of two and a half feet above the streets if it obstructs the view across the triangle. This section shall not apply to tree trunks, posts or wire fences.

F.

Existing agricultural uses may continue regardless of extraterritorial zoning, i.e., existing farming is a conforming use in any extraterritorial district. Replacement or additions to farm buildings (including the residence) destroyed by fire, explosion or acts of God and new farm building construction shall be permitted in the extraterritorial region.

G.

The Pierce County floodplain ordinance and the St. Croix County floodplain ordinance, now in effect together with all references, maps and explanatory material, are hereby adopted by reference and declared to be a part of this chapter with jurisdiction over areas within the extraterritorial region for which these regulations apply.

H.

Lots in platted subdivisions on record as of March 10, 1975, may determine minimum lot size within the platted area, providing the minimum platted lot size conformed to the zoning code at the time the platted subdivision was approved.

I.

Along the lower Kinnickinnic River the setback shall be thirty (30) feet back from the crest of the bank along the main channel of the river. The "crest" is defined as the point at which the slope proceeding away from the river becomes less than twelve (12) percent.

J.

Building setback distance from roads or streets in the extraterritorial region shall be as follows:

1.

Class D Highway. (Town—in agricultural district). County setback is applicable.

2.

Class D Highway. (Town—in all districts other than agricultural). Setback seventy-five (75) feet from centerline of highway and no closer than forty-two (42) feet to the highway right-of-way.

3.

Class C Highway. (County). Setback one hundred (100) feet from centerline of highway and no closer than sixty-seven (67) feet to the highway right-of-way.

4.

Class B Highway. (State). Setback one hundred fifty (150) feet from centerline of highway and no closer than sixty-seven (67) feet to the highway right-of-way.

5.

Class A Highway. (Interstate). Setback one hundred fifty (150) feet from centerline of highway and no closer than sixty-seven (67) feet to the highway right-of-way and no closer than thirty (30) feet to the interstate fence.

6.

Other. All other streets and roads (city, etc.) no closer than thirty-five (35) feet from the right-of-way.

K.

Boats, campers, trailers, trucks, construction equipment, seasonal vehicles, etc., left for a period of more than thirty (30) consecutive days are considered as being stored and shall not be stored on any required off-street parking facility or on any required front or side yard setback.

L.

All required off-street parking spaces shall be directly accessible from the maneuvering area. Parking shall not be on required front or side yard setback, except one stall shall be allowed on front yard setback, providing it is on an apron immediately in front of a garage.

(Prior code § 20.07)

A.

Purpose. The RS district is intended to provide a pleasant and spacious living area. The larger lot sizes shall encourage preservation of wooded areas and other green space, yet enable development.

B.

Permitted Uses. The following uses of land are permitted:

1.

Single family detached dwellings;

2.

Public parks, playgrounds, recreational and community center buildings and grounds;

3.

Churches, all grade schools, institutions of higher learning, day care centers, libraries and hospitals;

4.

Municipal and utility buildings, except for sewage plants, garbage incinerators, warehouses, garages, shops and storage yards. Microwave towers are also excluded from this district, unless their location is approved by the plan commission. It is required that the premises be appropriately landscaped and maintained so as to be in harmony with the general appearance of the neighborhood;

5.

Nurseries, greenhouses and general farming, not including animal farms or kennels, provided any lot or tract in such use shall not be less than five acres in area;

6.

Garages, carports and accessory buildings, including summer houses, dog houses, bath houses and living quarters of persons employed on the premises without kitchen facilities and not rented or otherwise used as a separate dwelling;

7.

Not over two boarders or roomers;

8.

Home occupations with the approval of the city council as to location and performance standards or conditions which may be necessary to fulfill the purpose and intent of this chapter.

C.

Special Use—Bed and Breakfast.

1.

The owner of the premises shall comply with all provisions of Ch. 254, Wis. Stats., and with Ch. DHS 197, Wis. Adm. Code, and shall obtain and maintain all permits and licenses as required by such licensure regulations.

2.

One additional off-street paved parking stall shall be provided on premises for each bedroom.

3.

Length of stay shall be no longer than sixteen (16) days.

4.

Annual permit fee of fifty dollars ($50) is established. The first fee is due with the application for a special use permit. Such permit fee shall cover the cost of annual inspections to be conducted by city officials.

5.

Public hearing shall be held by the ETZ committee in which the proposed use is to be located, with confirmation by the city council.

D.

Height, Area and Setback Requirements.

1.

Maximum height: thirty-five (35) feet.

2.

Side Yard.

a.

Principal buildings: thirty (30) feet minimum total with least side twelve (12) feet.

b.

Accessory buildings: twelve (12) feet minimum.

3.

Front yard setback: see Section 17.108.070.

4.

Rear yard setback: thirty-five (35) feet minimum.

5.

Lot Area.

a.

Municipal sewer: twenty thousand (20,000) square feet lots minimum.

b.

No municipal sewer: sixty thousand (60,000) square feet lots per dwelling.

c.

No municipal sewer: forty thousand (40,000) square feet per dwelling: Town of River Falls.

6.

Average lot width: one hundred (100) feet minimum per lot.

E.

Parking Requirements.

1.

Off-street residential: Two per family, one per two boarders.

2.

Places of public gathering: one per five seats. (Amended during Supplement #1; prior code § 20.08)

(Ord. No. 2009-05, § 2, 4-14-2009; Ord. No. 2016-03, § 2, 5-10-2016)

A.

Purpose. The R1 district is intended to provide a quiet, pleasant and relatively spacious living area protected from traffic hazards and intrusion of incompatible land uses.

B.

Permitted uses. The following uses of land are permitted:

1.

Single-family dwellings;

2.

Mobilehomes, the locations of which have been approved and a license granted by the city council after a public hearing and before the extraterritorial zoning commission as part of a planned mobilehome development. A planned mobilehome development is intended to be exclusively for residential use of mobilehomes and shall comply with the following restrictions:

a.

Use. Only the following uses and buildings shall be permitted:

i.

Single-family mobilehomes,

ii.

Office and dwelling for the owner or administrator of the mobilehome development,

iii.

Building, including toilets, bathing, clothes washing facilities and similar services, for residents of the mobilehome development.

b.

Height. No mobilehome or building shall exceed one story or fifteen (15) feet in height.

c.

Yards. Every mobilehome development shall have minimum front, side and rear yard setbacks of forty (40) feet.

d.

Spacing of Units. Mobilehomes shall not be placed closer than twenty (20) feet apart or within ten (10) feet of the roadway serving such units.

e.

Area. Each mobilehome development shall have a minimum area of one acre. Each mobilehome lot shall have a minimum lot area of three thousand (3,000) square feet and a minimum lot width of thirty-five (35) feet.

3.

Churches, all grade schools, libraries and hospitals;

4.

Municipal buildings, except sewage plants, garbage incinerators, warehouses, garages, shops and storage yards;

5.

Public parks, playgrounds, recreation and community center buildings and grounds;

6.

Telephone buildings, exchanges and lines and transformer stations, excepting service garages and storage yards and excepting microwave radio relay structures unless their location is approved by the plan commission;

7.

Unlighted signs and bulletin boards of up to four square feet for advertisements for a lease or sale of the premises and eight square feet for public or religious announcements, provided all such signs are located directly on the premises involved and at least fifteen (15) feet from the nearest sidewalk or street;

8.

One private garage and accessory building;

9.

Uses customarily incidental to any of the above uses, provided that no such use generates traffic or noise that would create a public or private nuisance;

10.

Institutions of higher education;

11.

Two boarders or roomers or less;

12.

Home occupations;

13.

Commercial farming with stock on forty (40) acres or more;

14.

The raising and keeping of animals not to exceed one animal per 1.5 acres. Animal refers to hobby farm type: horse, pony, goat, etc.;

15.

Duplexes may be built in the R1 district if permissible by covenant with not more than one per three gross acres and no two shall be located on adjacent lots along a street, unless all of the duplex lots for an entire development are so located together and approved by the plan commission as to location. The duplex lots shall be located at the time of platting.

C.

Special Uses (Special Use Permit Required).

1.

Bed and breakfast, as provided in Section 17.108.080(C) of this chapter;

2.

Day care centers.

D.

Height, Area and Setback Requirements.

1.

Maximum height: thirty-five (35) feet.

2.

Side Yard Setback.

a.

Principal building: five feet on each side.

b.

Accessory building: eight feet on each side.

3.

Front yard setback: see Section 17.108.070.

4.

Rear yard setback: twenty-five (25) feet. Animal shelters, barns and associated corrals shall be located more than one hundred (100) feet from any existing nonfarm residence and greater than fifty (50) feet from any lot line. Corrals are not to mean grazing areas.

5.

Lot Area.

a.

Served by sanitary sewer: twelve thousand (12,000) square feet, exclusive of public roadways.

b.

Not served by sanitary sewer. One acre, exclusive of public roadways.

6.

Minimum lot width: seventy-five (75) feet.

E.

Parking Requirements.

1.

Off-street residential: two per family and one per boarder.

2.

Places of public gathering: one per five seats.

(Prior code § 20.09)

A.

Purpose. The R2 district is intended to provide a living area that is pleasant, but not as spacious as the R1 district.

B.

Permitted uses. The following uses of land are permitted:

1.

Any use permitted in the R1 district;

2.

Multiple-family dwellings;

3.

Hospitals and medical clinics to care for local needs;

4.

Charitable institutions, rest homes and private, nonprofit clubs and lodges;

5.

Storage garages, provided these shall be at least seventy-five (75) feet away from the front lot line and thirty (30) feet away from the side lot lines and provided that there shall be at least two thousand (2,000) square feet or lot area for each vehicle stored;

6.

Fraternity, sorority, rooming houses and cooperatives with the approval of the city council as to location and performance standards or conditions which may be necessary to fulfill the intent of this chapter;

7.

Two boarders or roomers or less per residential unit;

8.

Home occupations with the approval of the city council as to location and performance standards or conditions which may be necessary to fulfill the purpose and intent of this chapter.

C.

Special Uses (Special Use Permit Required).

1.

Bed and breakfast, as provided in Section 17.108.080(C) of this chapter.

2.

Day care centers.

D.

Height, Area and Setback Requirements.

1.

Maximum height: forty-five (45) feet.

2.

Side Yard.

a.

Principal building: twelve (12) feet on each side for multifamily building; five feet for single-family building.

b.

Accessory building: three feet on each side.

3.

Front yard setback: see Section 17.108.070.

4.

Rear yard setback: twenty-five (25) feet.

5.

Lot Area.

a.

Single family: same as the R1 district.

b.

Multiple family: state and township standards for nonsewered.

6.

Minimum lot width: seventy-five (75) feet.

E.

Parking Requirements.

1.

Off-street residential: two per family and one per two boarders.

2.

Places of public gathering: one per five seats.

F.

Open Space. On units of four or more, five hundred (500) square feet of yard area per unit shall remain after building is completed. It is intended that this square footage be used for amenities or recreational purposes and not part of the required front or side yard setbacks. In rooming, cooperative or fraternity/sorority houses, two hundred (200) square feet of yard area per roomer or resident shall remain after the building is completed.

(Prior code § 20.10)

A.

Purpose. The C district is intended to provide for commercial activities related to the vehicular traffic along highways.

B.

Permitted Uses.

1.

Establishments serving food and drink;

2.

Theaters, drive-in theaters and places of amusement, assembly or recreation, (including dance halls, meeting halls, reception halls and auction halls and private ball fields in the River Falls Township);

3.

Motels, tourist courts and inns;

4.

Automobile, marine and recreational sales and service;

5.

Retail lumber, building materials and supplies, equipment rental or repair;

6.

Shopping centers, specialized retail;

7.

Special and personal services, professional offices;

8.

Veterinary clinics, animal hospitals;

9.

Uses clearly similar in character to those listed above;

10.

Uses customarily incidental to any of the above.

C.

Height, Area and Setback Requirements.

1.

Maximum height: thirty-five (35) feet

2.

Side Yard.

a.

Principal building: ten (10) feet on each side.

b.

Accessory building: five feet on each side.

3.

Front yard setback: see Section 17.108.070.

4.

Rear yard setback: twenty (20) feet.

D.

Parking Requirements.

1.

Off-street residential: two per family and one per two boarders.

2.

Theaters and assembly buildings: one for each five seats.

3.

Food and drink establishments: one for each three seats.

4.

Bowling alleys: five per alley.

5.

Motels and inns: one for each room.

6.

Auto and marine sales and service: one for each three hundred (300) square feet gross leasable area.

7.

Warehouse for retail lumber, outdoor sales area, etc.: one for each two thousand (2,000) square feet.

8.

Retail and shopping centers: one for each two hundred (200) square feet of leasable area.

9.

Business, furniture and appliance stores: one for each four hundred (400) square feet.

10.

Medical, dental and veterinary clinic: four for each doctor.

11.

Mixed Uses. In the case of mixed uses, the total requirements for off-street parking facilities shall be the sum of the requirements for the various uses computed separately.

(Prior code § 20.11)

A.

Purpose. The I district is intended to provide for industrial and manufacturing uses in areas separated from other sections of the city.

B.

Permitted Uses. In this district any industrial use is permitted except those that are dangerous or generate noise, smoke, traffic or air or water pollution that would create a public or private nuisance. All other uses (residential, commercial, public) are prohibited unless a special use permit has been obtained from the city council on the recommendation of the extraterritorial zoning committee in accordance with procedures prescribed for zoning amendments by Section 62.23, Wis. Stats. For the purposes of this section, nonmetallic mining as defined in Section 295.11(3), Wis. Stats., shall be considered a special use. The criteria for standards and conditions for special uses as contained in Section 17.108.150(E) and (F) shall be applied in review of this application.

C.

Height, Area and Setback Requirements.

1.

Maximum height: thirty-five (35) feet.

2.

Side Yard.

a.

Principal building: Twenty (20) feet on each side.

b.

Accessory building: Five feet on each side.

3.

Front yard setback: See Section 17.108.070.

4.

Rear yard setback: Forty (40) feet.

5.

Minimum lot width: One hundred (100) feet.

D.

Parking Requirements.

1.

Commercial: One per two hundred (200) square feet of floor area.

2.

Industrial: One per three employees.

3.

Places at public gathering: One per five seats.

(Prior code § 20.12)

(Ord. No. 2016-03, § 1, 5-10-2016)

A.

Purpose. The A district provides exclusively for agricultural uses. The intent is to help conserve good farming areas and prevent uncontrolled, uneconomical spread of residential development which results in excess costs to the community for premature provision of essential public improvements and services (sewer and water lines).

B.

Permitted Uses. The following uses are permitted:

1.

Single-family residences;

2.

Churches, schools, parks, municipal buildings;

3.

Farming, provided that buildings in which farm animals are kept shall be at least one hundred (100) feet from the nearest residential district;

4.

In-season roadside stands for the sale of farm products produced on the premises and up to two unlighted signs not larger than eight square feet each advertising such sale;

5.

Water storage, sewage disposal plants and power stations, when surrounded by an eight feet or more woven fence;

6.

Fur farms, kennels, insect breeding facilities, nurseries, greenhouses and other agricultural uses that may cause noxious odors or noise or create health or sanitation hazards are permitted, but only with the written permission of the city council on the recommendation of the plan commission, pursuant to the procedure prescribed for zoning amendments by Section 62.23, Wis. Stats.;

7.

Uses customarily incidental to any of the above uses, including residential use incidental to any of the above uses.

C.

Special Uses.

1.

The following special uses may also be permitted in the agricultural district:

a.

Veterinary supplies and services;

b.

Livestock supply sales;

c.

Horse and riding equipment sales and service;

d.

Non metallic mining as defined in Wisconsin State Statute Section 295.11. The criteria for standards and conditions for special uses as contained in Section 17.108.150 (E) and (F) shall be applied in review of an application.

2.

These uses shall be permitted only after the following conditions have been met:

a.

All appropriate requirements of the zoning district in which the special use is to be located shall be adhered to;

b.

The use is reasonably related to the general development pattern of the area and the existing land use;

c.

The use will in no way detract from the customary uses of land permitted in the district;

d.

The use will not generate nuisance factors, such as smoke, noise, excess traffic congestion, odors or other such nuisances which the extraterritorial zoning committee determines to be harmful to the public at large.

D.

Height, Area Setback and Soil Requirements.

1.

Maximum height: thirty-five (35) feet.

2.

Side yard setback: fifteen (15) feet on each side.

3.

Front yard setback: see Section 17.108.070.

4.

Rear yard setback: thirty-five (35) feet.

5.

Lot Area Per Family.

a.

Clifton Township: three acres.

b.

Town of River Falls: one acre.

c.

Kinnickinnic Township: one acre.

d.

Troy Township: one acre.

6.

Minimum lot width: one hundred (100) feet.

7.

Soil Requirements. No nonfarm buildings shall be erected on any cropland classified as 1, 2 or 3 by the Soil Conservation Service, a division of the United States Department of Agriculture. This regulation pertains to the River Falls Township extraterritorial area only.

E.

Parking Requirements.

1.

Off-street residential: two per family.

2.

Places of public gathering: one per five seats. (Amended during Supplement #1; prior code § 20.13)

(Ord. No. 2009-05, § 1, 4-14-2009)

A.

Purpose. The W district is intended to provide a district which is established to preserve and perpetuate in an open state, certain areas, such as wetlands, marshes, woodlands and other areas of aesthetic and scenic value which, because of their physical features, are desirable as water retention areas, natural habitat for plant and animal life, green space, or other uses beneficial to the community. The W district is also intended to prevent uncontrolled, uneconomical spread of development and to help discourage intensive development of marginal lands so as to prevent potential hazards to public and private property.

B.

Permitted Uses. The following uses shall be permitted within the W district:

1.

Management of forestry, wildlife and fish;

2.

Agricultural use, including any building but shall not include any residential dwelling.;

3.

Any flood control or watershed structure;

4.

Any harvesting of wild crops, such as marsh hay, ferns, moss, berries, tree fruits and tree seeds;

5.

Reserved.

6.

Dams, power stations and transmission lines.

C.

Special Uses. The following uses may be allowed in the W district, subject to obtaining a special use permit, upon approval from the city council. Approval shall be based on the purposes of this chapter and the recommendation of the extraterritorial zoning committee, pursuant to the procedure prescribed for zoning amendments by Section 62.23, Wis. Stats. The recommendations of the ETZ committee shall not be altered in any way, but may be referred back to the ETZ committee for reconsideration of changes.

1.

Gravel or sand pits and quarries, including the washing and grading of products;

2.

Sewage disposal plants, water pumping or storage facilities, parks, golf courses, driving ranges, public camping grounds and any nonpublic owned recreational facility;

3.

The undertaking of any of the following disturbing activities, which will affect a five hundred (500) square foot or greater area, within the district:

a.

Draining,

b.

Dredging,

c.

Driving poles other than fence posts,

d.

Dumping, filling or depositing of any soil, mulch, sand gravel, aggregate, stones, rubbish or other similar substance,

e.

Laying drain fields,

f.

Flooding by means of manmade structures or excavations,

g.

Removal of top soil or peat,

h.

Relocation of any watercourse,

i.

Stream bank improvements;

4.

General Standard. An application for a special use permit or activity shall be approved only upon finding that the proposed activity will not result in significant impairment of natural functions performed by the conservancy district.

D.

Lot Size, Setback and Yard Requirements. Every lot in the W conservancy district on which any permitted or conditionally permitted use is erected shall meet the following minimum standards:

1.

Every lot on which a structure is erected shall contain an area of not less than one and a half acres of buildable area. It shall have a minimum width of not less than two hundred (200) feet at the building setback line and a minimum depth of not less than two hundred fifty (250) feet.

2.

Yard requirements of every permitted, conditionally permitted or an accessory building shall have the following.

a.

A minimum front yard setback of one hundred thirty (130) feet from the center line of any public road or highway;

b.

In the event that any building is located on a lot at the intersection of two or more roads or highways, such lot shall have a setback of one hundred thirty (130) feet from the centerline of each road;

c.

Every building shall have two side yards. Each side yard shall have a width of not less than twenty (20) feet;

d.

There shall be a minimum rear yard of forty (40) feet.

E.

Height Requirements. Every permitted, conditionally permitted or accessory building shall meet the following height requirements:

1.

All buildings shall not exceed thirty-five (35) feet in height.

2.

Agricultural buildings shall be exempt from height requirements.

(Prior code § 20.14)

(Ord. No. 2018-01, § 5, 1-23-2018)

A.

Intent. The A1 district provides for exclusive agricultural uses. The intent is to preserve productive agricultural soils, maintain agriculture as a permanent, viable land use and economic activity, control untimely and uneconomical expansion of urban facilities and services, avoid conflicting land uses and comply with the provisions of the Farmland Preservation Law to permit eligible landowners to receive tax credits, as per Wisconsin Statutes. The purpose of the A1 exclusive agricultural zoning district is more fully set out in "The Farmland Preservation Plan, City of River Falls" and its accompanying maps which are incorporated herein by reference.

B.

Permitted Uses. The following uses are permitted:

1.

Agriculturally related dwelling. The only dwelling allowed as a permitted use is a single family dwelling occupied by the person who, or the family, at least one member of which, earns a substantial part of his or her livelihood farm operations on that farm parcel. A dwelling existing as of October 11, 1985 which does not conform to this subdivision may be continued in residential use and shall not be subject to the limitations imposed or authorized under Section 17.108.090 of this chapter;

2.

Farming, including and limited only to, cultivation and growing of soil crops in the customary manner on open tracts of land; raising of animals and/or poultry; incidental retail selling by the producer of farm products raised on the premises; dairy and egg products; floriculture; sod farming; viticulture; vegetable raising; raising of tree fruit, nuts and berries; maple syrup farming; and forest and game management;

3.

Farm related structures and improvements;

4.

In season roadside stands for the sale of farm products produced on the premises, and up to two unlighted signs not larger than sixteen square feet for each advertising sign.

C.

Special Uses. The following special uses may also be allowed in the exclusive agricultural district, if a special use permit is obtained:

1.

Single-family dwellings or mobilehomes exceeding one per farm operation for occupancy by a person or family earning a substantial part of livelihood from the farm operation;

2.

Single-family dwellings or mobilehomes occupied by parents or children of the farm operator;

3.

Unique farming, including fur farms, fish farms, insect breeding facilities, greenhouses, nurseries and orchards, feedlots and other agricultural uses not specifically listed in subsection B of this section;

4.

Commercial stables;

5.

Gas and electric utility uses not requiring authority under Section 196.491, Wis. Stats;

6.

Governmental uses such as police and fire stations, highway storage garages, solid waste disposal and sewage treatment plants, gravel pits and quarries, schools, parks and campgrounds, airports and landing strips;

7.

Veterinary supplies and services;

8.

Livestock supply sales;

9.

Horse and riding equipment sales and service;

10.

Temporary housing for seasonal farm labor;

11.

Nonmetallic mining as defined in Wisconsin State Statute Section 295.11(3);

12.

Home occupations and professional offices conducted within, and accessory to, single family dwelling;

13.

Rural home occupations which meet the following conditions:

a.

The combined square footage of the accessory structure and outside storage area shall not exceed eight hundred (800) square feet.

b.

The outside storage area and all vehicles, materials and equipment being stored there shall be screened and/or landscaped in such a manner as to prevent it from being visible at any time of the year from road rights-of-way, public and surrounding properties.

D.

Prohibited Uses. All uses not listed as permitted or special uses are prohibited, including, but not limited to, farms for the disposal of garbage and offal, mobilehome parks, dance halls and outdoor concerts, and structures and improvements inconsistent with agricultural uses.

E.

Standards for Special Uses. The department of agriculture, trade and consumer protection shall be notified of the approval of any special uses in the exclusive agricultural district. A recommendation shall be forwarded to the city council for action without revisions. In reviewing applications for special uses, the extraterritorial zoning committee and city council shall consider the following criteria:

1.

Purposes of the zoning code, Title 17 of this municipal code, and intent of this subsection;

2.

Potential for conflict with agricultural uses;

3.

Need of the proposed use for a location in an agricultural area;

4.

Availability of alternative locations;

5.

Compatibility with existing or permitted uses on adjacent lands;

6.

Productivity of the lands involved;

7.

Location of the proposed use so as to reduce to a minimum the amount of productive agricultural land converted;

8.

Current and future need for public services created by the proposed use;

9.

Availability of adequate public services and the ability of affected local units of government to provide them without an unreasonable burden;

10.

Effect of the proposed use on water or air pollution, soil erosion and rare or irreplaceable natural resources.

F.

Conditions Which May be Attached to Special Uses. Upon consideration at information supplied at the public hearing and a review at the standards contained in subsection E of this section, the following conditions may be attached to the granting of a special use: increased setbacks and yards; specifications for water supply, liquid waste and solid waste disposal facilities; landscaping and planting screens, sureties, operational controls and time at operation; air pollution controls, erosion prevention measures; reclamation measures and performance bonds; special inspections; additional fees to offset public costs of administering, monitoring and enforcing conditions; location of the use; and similar requirements found necessary to fulfill the purpose and intent of this subsection. Violation of the conditions shall constitute a violation of this subsection as provided in Section 17.108.120 of this chapter.

G.

Height, Area and Setback Requirements.

1.

Maximum Height.

a.

Residences: twenty-five (25) feet.

b.

Other structures: twice the distance from the nearest lot line.

2.

Minimum side yard setback: fifteen (15) feet.

3.

Minimum front yard setback: see Section 17.108.070.

4.

Minimum rear yard setback: thirty-five (35) feet.

5.

Minimum Lot Area. Minimum lot area for a residence or farm operation is thirty-five (35) acres, except as provided below:

a.

The minimum lot area for an additional dwelling for persons earning a substantial part of their livelihood from the farm operation or parents or children of the farm operator shall be two acres.

b.

Where a mobilehome for persons specified above is located on a farm without creating a separate parcel, the mobilehome shall be at least thirty (30) feet from the dwelling.

c.

The minimum lot area for farm dwellings or structures existing before October 11, 1985, and which are separated from a larger parcel through farm consolidation shall be two acres.

d.

Any building, structure or accessory use or building may be erected on any single lot of record on or after October 11, 1985, except that all other provisions of this chapter shall apply. Such lot shall be in separate ownership and not of continuous frontage with other lots in the same ownership. This provision shall apply even though such lots fail to meet the requirements for area or width, or both, that are applicable in the district, provided that yard dimensions and requirements other than those previously stated shall conform to the regulations for the district. Variance of yard requirements shall be obtained through action of the board of appeals.

H.

Minimum Lot Size, Building Height and Yard Requirements for Special Uses. The minimum lot size, building height and yard requirements for special uses shall be as specified in the special use permit, but in no case shall the side yard requirement be less than fifty (50) feet and the front yard requirement less than the distance specified in the general provisions of this subsection.

I.

Parking Requirements.

1.

Off-street residential: two per family.

2.

Places of public gathering: one per five seats.

J.

Soil Requirements. No nonfarm buildings shall be erected on land classified as Class I, II, or III cropland by the Natural Resources Conservation Service, a division of US Department of Agriculture, as shown on the official Soil Survey Maps. This regulation pertains to the city of River Falls extraterritorial area only. (Amended during Supplement #1; Ord. 2001-29; prior code § 20.15)

Present uses of buildings and premises may be continued even though they do not conform to the restrictions of this chapter. However, structural repairs or alterations of such buildings or premises shall not exceed fifty (50) percent of their assessed value at the time they become nonconforming unless a building or premises conforming to this chapter results. Any nonconforming use that is abandoned for one year shall be discontinued permanently.

(Prior code § 20.16)

The extraterritorial zoning committees are created according to the provisions of Sections 62.23(7a) and (c), Wis. Stats., and shall be composed of three members from the city, appointed by the mayor, and three members each from the townships of Clifton, Kinnickinnic, River Falls and Troy, appointed by the townships.

A.

The committees shall act independently of each other on issues that pertain solely to the respective township.

B.

The committees may act in common on issues that affect all townships in the same manner.

C.

The committees shall have all the powers and duties conferred to them in Section 62.23(7a), Wis. Stats., and shall also have the authority to issue special use permits in River Falls, Kinnickinnic and Troy Townships where such special use permits may be granted.

(Prior code § 20.17)

A.

A board of appeals shall be appointed as specified herein. Three members shall be appointed by the mayor subject to confirmation by the council and three members shall be appointed by the townships of that particular town from which the appellant resides. The board of appeals shall have the following powers:

1.

To hear and decide appeals where it is alleged that the zoning administrator has made an erroneous finding or order;

2.

To hear and decide special exceptions to the terms of this chapter upon which the board is authorized to pass;

3.

To grant specific variances from the terms of this chapter where it is shown that unique physical circumstances applying to a lot cause hardship to the owner under the chapter and that the variance still shall be in fundamental harmony with surrounding uses.

B.

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. The grounds of every such determination shall be stated and recorded.

C.

No action of the board of appeals shall have the effect of permitting in any district uses prohibited in such district by this chapter. The minutes of proceedings and hearings before the board and all variances and special exceptions granted by it shall be filed promptly at the office of the city clerk and shall be open for public inspection during office hours.

D.

The board of appeals' provisions in Section 17.104.030 of this municipal code shall apply to the extraterritorial zoning region.

E.

The board of appeals may issue special use permits on appeal.

(Prior code § 20.18)

A.

Building permits in the extraterritorial region shall be issued by the township, but the zoning administrator shall approve such permits as to zoning prior to their issuance.

B.

The zoning administrator shall enforce the provisions of this chapter.

C.

Any person who violates this chapter shall be subject to a penalty as provided in Chapter 1.20 of this municipal code.

(Prior code § 20.19)

The city council may amend the districts and regulations in accordance with Section 62.23(7a) and (f), Wis. Stats. In addition, when considering an amendment of the exclusive agricultural zoning district (A-1), the following procedures and standards shall be used:

A.

The department of agriculture, trade and consumer protection shall be notified of all rezonings;

B.

Decisions on petitions for rezoning areas zoned for exclusive agricultural use shall be based on findings which consider:

1.

Adequacy of existing or proposed public facilities to serve the development,

2.

Burdens which these facilities place on local government,

3.

Suitability of the land for development,

4.

Air and water pollution, soil erosion or adverse effects on rare or irreplaceable natural areas which the development causes,

5.

Potential for conflict with remaining agricultural uses in the area,

6.

Need of the proposed development for a location in an agricultural area,

7.

Availability of alternative locations,

8.

Productivity of the agricultural lands involved,

9.

Location of the proposed development to minimize the amount of agricultural land converted.

(Prior code § 20.20)

Annexation of land within the extraterritorial zoning district shall continue the same zoning as it had, with the exceptions and amendments as defined above to be removed at time of annexation.

(Prior code § 20.22)

A.

Purpose. To create an overlay zoning district whereby adult establishments are sufficiently separated from each other and conflicting uses so as to ameliorate the negative secondary effects of adult uses while providing adult establishments sufficient area and opportunity to operate within the town so as not to suppress their existence.

B.

Definitions.

"Adult bookstore" means an establishment which as its substantial course of conduct, presents adult entertainment for observation by patrons therein, or which, as part of its substantial course of conduct, offers for sale, rent, trade, lease, inspection or viewing books, films, video cassettes, magazines or other such media, which are distinguished or characterized by their emphasis on matters depicting, describing or relating to specified anatomical areas or specified sexual activities.

"Adult entertainment" means any exhibition of any motion picture, live performance, display or dance of any type which has as a significant or substantial portion of such performance, or is distinguished or characterized by an emphasis on, any actual or simulated performance of specified sexual activities or exhibition and viewing of specified anatomical areas.

"Adult establishment" means and includes, adult book stores, adult motion picture theaters, adult novelty stores, and further means any premises to which public patrons or members are invited or admitted that is substantially devoted to the purveyance, demonstration or display of specified sexual activities or specified anatomical areas.

"Adult motion picture theater" means any establishment for the presentation of motion pictures that as its dominant theme, or distinguished or characterized by an emphasis on, matters depicting, describing or relating to specified sexual activities, or specified anatomical areas for observations by patrons therein.

"Adult novelty store" means any establishment which as its substantial course of conduct offers for sale, rent, trade, lease, inspection or viewing any adult novelty items, sex toys, sexual gratification appliances, or other similar products, excluding contraceptives or similar products of medical value, that are distinguished or characterized by their emphasis on matters depicting, describing or relating to specified anatomical areas or specified sexual activities.

"Specified anatomical areas" means either:

1.

Less than completely and opaquely covered human genitals pubic region;

2.

Human male genitals in a discernible turgid state, even if opaquely covered;

3.

Less than completely and opaquely covered nipples or areolas of the human female breast.

"Specified sexual activities" means simulated or actual:

1.

Showing of human genitals in a state of sexual stimulation or arousal;

2.

Acts of masturbation, sexual intercourse, sodomy, bestiality, necrophilia, sadomasochistic abuse, fellatio or cunnilingus; or

3.

Fondling or erotic touching of human genitals, pubic region, buttocks or female breasts.

"Substantial" means forty (40) percent or more of a business stock in trade, display space, floor space or retail sales in any one month. Upon reasonable belief that an entity is in excess of the forty (40) percent threshold, that entity shall provide all necessary records, receipts and documentation to the town upon request. Failure to do so shall result in a presumption that the entity is operating in excess of the threshold.

C.

Location.

1.

No adult establishment shall be located:

a.

Within any zoning district other than general commercial and industrial districts;

b.

Within one thousand three hundred twenty (1,320) feet of an existing adult establishment;

c.

Within one thousand three hundred twenty (1,320) feet of any lot with a residential dwelling;

d.

Within two thousand six hundred forty (2,640) feet of any preexisting school, church or daycare;

e.

Within one thousand three hundred twenty (1,320) feet of any preexisting establishment licensed to sell or dispense fermented malt beverages or intoxicating liquor.

2.

For purposes of this section, distances are to be measured in straight line, without regard to intervening structures or objects, from the property line of the adult establishment, to the nearest property line of another adult establishment, dwelling, school, church, daycare or establishment selling of dispensing fermented malt beverages of intoxicating liquor.

D.

Hours of Operation.

1.

No adult establishment shall be open between the hours of two a.m. and twelve noon, Mondays through Fridays, between the hours of two-thirty a.m. and twelve noon on Saturdays, or on Sundays.

2.

All adult establishments shall be open to inspection at all reasonable times by the police department and the code enforcement officer.

E.

Sign Regulations. See Section 17.13, town of River Falls Code.

(Ord. 2006-10)

A.

Definitions. As used in this section.

1.

"City plan director" means the city plan director and his or her designees.

2.

"Building inspector" means the town of River Falls building inspector.

3.

"Common council" means the common council for the city of River Falls.

4.

"Meteorological tower (met tower)" is defined to include the tower, base plate, anchors, guy cables and hardware, anemometers (wind speed indicators), wind direction vanes, booms to hold equipment anemometers and vanes, data logger, instrument wiring, and any telemetry devices that are used to monitor or transmit wind speed and wind flow characteristics over a period of time for either instantaneous wind information or to characterize the wind resource at a given location.

5.

"Owner" shall mean the individual or entity that intends to own and operate the small wind energy system in accordance with this section.

6.

"Rotor diameter" means the cross sectional dimension of the circle swept by the rotating blades.

7.

"Small wind energy system" means a wind energy system that:

a.

Is used to generate electricity;

b.

Has a nameplate capacity of one hundred (100) kilowatts or less; and

c.

Has a total height of one hundred seventy (170) feet or less.

8.

"Total height" means the vertical distance from ground level to the tip of a wind generator blade when the tip is at its highest point.

9.

"Tower" means the monopole, freestanding, or guyed structure that supports a wind generator.

10.

"Wind energy system" means equipment that converts and then stores or transfers energy from the wind into usable forms of energy. This equipment includes any base, blade, foundation, generator, nacelle, rotor, tower, transformer, vane, wire, inverter, batteries or other component used in the system.

11.

"Wind generator" means blades and associated mechanical and electrical conversion components mounted on top of the tower.

B.

Standards. A small wind energy system shall be a permitted use in all extraterritorial zoning districts of the town of River Falls subject to the following requirements:

1.

Setbacks. A wind tower for a small wind system shall be set back a distance equal to its total height multiplied by a factor of 1.1 from:

a.

Any public road right-of-way, unless written permission is granted by the governmental entity with jurisdiction over the road for a lesser setback;

b.

Any overhead utility lines, unless written permission for a lesser setback is granted by the affected utility; and

c.

All property lines, unless written permission is granted from the affected landowner and neighboring property owner for a lesser setback.

The setback of a tower from any residence not owned by the owner of the wind generator shall be the total height of the wind tower multiplied by a factor of two.

2.

Access.

a.

All ground mounted electrical and control equipment shall be secured to prevent unauthorized access. If, in the opinion of the city plan director, labeling the equipment shall be sufficient, permission may be granted on a case-by-case basis to require labeling only.

b.

The tower shall be designed and installed so as to provide a smooth non-climbable surface for a minimum height of eight feet above the ground.

c.

If the tower is of climbable (lattice) construction. An eight-foot high non-climbable fence must be constructed around the base. Any access doors or gates must be locked.

3.

Electrical Wires. All electrical wires associated with a small wind energy system, other than wires necessary to connect the wind generator to the tower wiring, the tower wiring to the disconnect junction box, and the grounding wires shall be located underground.

4.

Lighting. A wind tower and generator shall not be artificially lighted unless such lighting is required by the Federal Aviation Administration.

5.

Appearance, Color, and Finish. The wind generator and tower shall remain painted or finished in the color or finish that was originally applied by the manufacturer, unless approved in the building permit.

6.

Signs. All signs, other than the manufacturer's or installer's identification, appropriate warning signs, or owner identification on a wind generator, tower, building, or other structure associated with a small wind energy system visible from any public road shall be prohibited.

7.

Code Compliance. A small wind energy system including tower shall comply with all applicable state construction and electrical codes, and the National Electrical Code.

8.

Utility Notification and Interconnection. Small wind energy systems that connect to an electric utility shall comply with the Public Service Commission of Wisconsin's Rule 119, "Rules for Interconnecting Distributed Generation Facilities."

9.

Met towers shall be permitted under the same standards, permit requirements, restoration requirements, and permit procedures as a small wind energy system.

10.

Noise Compliance. A small wind energy system shall not emit noise in excess of five dBA above ambient sound when measured at the property line nearest to the system.

c.

Permit Requirements.

1.

A permit shall be required for the installation of a small wind energy system.

2.

Documents. The permit application shall be accompanied by a plot plan that includes the following:

a.

Property lines and physical dimensions of the property;

b.

Location, dimensions, and types of existing major structures on the property;

c.

Location of the proposed wind system tower;

d.

The right-of-way of any public road that is contiguous with the property;

e.

Any overhead utility lines;

f.

Wind system specifications, including manufacturer and model, rotor diameter, tower height, tower type (freestanding or guyed).

3.

Blueprints/Drawings. The tower foundation blueprints and drawings as well as the tower blueprint and drawing shall be submitted to the building inspector prior to commencement of construction of the tower base or tower. The structural design shall be certified by a state certified engineer. Installation shall be under the supervision of an engineer licensed by the state of Wisconsin.

4.

Fees. The fee set from time to time by resolution of the common council must accompany the application for a small wind energy system. The applicant shall also pay any other expenses incurred by the city in connection with the permit application, including engineering, consulting and legal fees. Building permit fees shall be separated and shall be collected by the town of River Falls in accordance with the town permit fee schedule.

5.

Inspection/Insurance. Prior to issuance of the permit the applicant shall submit to the building inspector proof of adequate liability insurance, such insurance to be in the minimum amount of one million dollars ($1,000,000.00) per occurrence. In addition, applicants shall submit to the building inspector evidence that applicant has in place a long-term service and maintenance contract providing for inspections at least annually. The applicant shall provide proof of financial responsibility for final removal of the wind energy system should that become necessary.

6.

Hold Harmless. The owner of any wind energy system may be required by the town board to execute a "hold harmless" agreement as a condition of building permit approval, holding the town harmless in connection with any injury occurring to person or property as a result of malfunction or collapse of the small wind energy system.

7.

Expiration. A permit issued pursuant to this section shall expire if:

1.

The small wind energy system is not installed and functioning within twenty-four (24) months from the date the permit is issued; or

2.

The small wind energy system is out of service or otherwise unused for a continuous six-month period.

D.

Permit Procedure.

1.

An owner shall submit an application to the city plan director for approval of a small wind energy system. The application must be on a form approved by the city plan director and must be accompanied by four copies of the plot plan and blueprints/drawings as described in permit requirements.

2.

The city plan director shall act upon the application within sixty (60) days of the date on which the application is received and shall approve the application if materials submitted show that the proposed small wind energy system meets the requirements of this section.

3.

If the application is approved, the city plan director will return one signed copy of the application.

4.

If the application is rejected, the city plan director will notify the applicant in writing and provide a written statement of the reason why the application was rejected. The applicant may reapply if the deficiencies specified by the city plan director are resolved.

5.

Upon approval of the city plan director, the building inspector shall issue a building permit for the approved small wind energy system.

6.

The owner shall conspicuously post the building permit on the premises so as to be visible to the public at all times until construction or installation of the small wind energy system is complete.

7.

Any appeal of a decision made by the city plan director under this section shall be heard and considered by the extraterritorial board of appeals for the town of River Falls.

E.

Abandonment.

1.

A small wind energy system that is out-of-service for a continuous six-month period will be deemed to have been abandoned. The city plan director shall issue a notice of abandonment to the owner of record of a small wind energy system that is deemed to have been abandoned. The owner shall have the right to respond to the notice of abandonment within thirty (30) days from the notice receipt date. The city plan director shall withdraw the notice of abandonment and notify the owner that the notice has been withdrawn if the owner provides information that demonstrates the small wind energy system has not been abandoned.

2.

If the small wind energy system is determined to be abandoned, the owner of a small wind energy system shall remove the wind generator and the tower at the owner's sole expense within three months of receipt of notice of abandonment. If the owner fails to remove the wind energy system and the tower, the town of River Falls may pursue a legal action to have the wind generator and the tower removed at the owner's expense.

F.

Violations. It is unlawful for any person to construct, install, or operate a small wind energy system that is not in compliance with this section.

G.

Administration and Enforcement.

1.

This section shall be administered by the city plan director.

2.

The city plan director may enter any property for which a permit has been issued under this section to conduct an inspection to determine whether the conditions stated in the permit have been met.

3.

The city plan director may issue orders to abate any violation of this section.

4.

The city plan director may issue a citation for any violation of this section.

5.

The city plan director may refer any violation of this section to legal counsel for enforcement.

H.

Penalties. Any person who fails to comply with any provision of this section or a permit issued pursuant to this section shall be subject to enforcement and penalties as provided in Section 17.108.190.

I.

Severability. The provisions of this section are severable, and the invalidity of any section, subdivision, paragraph, or other part of this section shall not affect the validity or effectiveness of the remainder of the section.

(Ord. 2007-18 § 1)