A.

Statutory Authorization. The ordinance from which this chapter derived is adopted pursuant to the authorization in § 61.35 and § 61.353 or § 62.23 and § 62.233, Wis. Stats. and Chapter NR 115, Wis. Adm. Code.

B.

Finding of fact and Purpose. Uncontrolled use of shorelands and pollution of navigable waters adversely affect the public health, safety, convenience, and general welfare. The Wisconsin Legislature has delegated responsibility to all municipalities to:

1.

Promote the public health, safety, convenience and general welfare;

2.

Further the maintenance of safe and healthful conditions;

3.

Prevent and control water pollution;

4.

Protect spawning grounds, fish, and aquatic life;

5.

Control building sites, placement of structure and land uses;

6.

Reserve shore cover and natural beauty;

7.

Limit the direct and cumulative impacts of shoreland development on water quality; near-shore aquatic, wetland and upland wildlife habitat; and natural scenic beauty.

C.

General Provisions.

1.

Applicability.

a.

The use of shorelands within the shoreland area shall be in full compliance with the terms of this chapter and other applicable local, state, or federal regulations, including § 281.36, Wis. Stats, and Chapters NR 103 and 151, Wis. Adm. Code.

b.

Unless specifically exempted by law, all agencies are required to comply with this chapter and obtain all necessary permits.

c.

The construction, reconstruction, maintenance and repair of state highways and bridges by the Wisconsin Department of Transportation (WDOT) are exempt when § 30.2022(1), Wis. Stats. applies.

d.

State agencies are required to comply if § 13.48(13), Wis. Stats. applies.

2.

Abrogation and Greater Restrictions.

a.

The lands regulated by this chapter are subject to all applicable provisions of the City of River Falls Municipal Code. Where the provisions of this chapter are more restrictive than other regulations in the Municipal Code, the provisions of this chapter shall apply.

b.

The ordinance from which this chapter is derived supersedes all the provisions of any other applicable municipal ordinance except that where another municipal ordinance is more restrictive than this chapter, that ordinance shall continue in full force and effect to the extent of the greater restrictions, but not otherwise.

c.

This chapter is not intended to repeal, abrogate, or impair any existing deed restrictions, covenants, or easements; however, where this chapter imposes greater restrictions, the provisions of this chapter shall prevail.

D.

Interpretation. In the interpretation and application, the provisions of this chapter shall be held to be minimum requirements and shall be liberally construed in favor of the municipality and shall not be deemed a limitation or repeal of any other powers granted by the Wisconsin Statutes.

E.

Severability. Should any portion of this chapter be declared invalid or unconstitutional by a court of competent jurisdiction, the remainder of this chapter shall not be affected.

(Ord. No. 2021-01, § 1, 2-9-2021)

A.

Definitions. For the purpose of administering and enforcing this chapter, the terms or words used herein shall be interpreted as outlined. Words used in the present tense include the future; words in the singular number include the plural number; words in the plural number include the singular number. The word "shall" is mandatory, not permissive. All distances, unless otherwise specified, shall be measured horizontally.

"Accessory structure" means a detached subordinate structure which is clearly incidental to and customarily found in connection with the principal structure to which it is related, and which is located on the same lot as that of the principal structure.

"Accessory use" means a subordinate use which is clearly incidental to and customarily found in connection with the principal use to which it is related, and which is located on the same lot as that of the principal use.

"Development" means any man-made change to improved or unimproved real estate, including, but not limited to, the construction of buildings, structures or accessory structures; the construction of additions or substantial alterations to buildings, structures or accessory structures; the placement of buildings or structures; ditching, lagooning, dredging, filling, grading, paving, excavation or drilling operations; and the deposition or extraction of earthen materials.

"Ordinary high water mark" means the point on the bank or shore up to which the presence and action of surface water are so continuous as to leave a distinctive mark such as by erosion, destruction or prevention of terrestrial vegetation, the predominance of aquatic vegetation, or another easily recognized characteristic. Determinations of the ordinary highwater mark location shall initially be made by the zoning administrator. When questions arise, the zoning administrator shall contact the appropriate district office of the Wisconsin Department of Natural Resources for a final determination of ordinary high water mark.

"Nonconforming structure" means an existing structure that was lawfully placed when constructed but that does not comply with the required shoreland setback.

"Principal building" means the main building or structure on a single lot or parcel of land and includes any attached garage or attached porch.

"Shoreland setback area" means an area in a shoreland that is within a certain distance of the ordinary high-water mark in which the construction or placement of structures has been limited or prohibited.

"Shorelands" means lands within the following distances from the ordinary highwater mark of navigable waters: One thousand (1,000) feet from a lake, pond or flowage and three hundred (300) feet from a river or stream or to the landward side of the floodplain, whichever distance is greater.

"Structure" means any principal or accessory structure including a garage, shed, boathouse, sidewalk, stairway, walkway, patio, deck, retaining wall, porch, or firepit.

(Ord. No. 2021-01, § 1, 2-9-2021)

A.

Pre-1982 Annexation Area Shoreland Regulations.

1.

Applicability. The following regulations apply to shoreland within areas incorporated or annexed by the City of River Falls prior to May 7, 1982.

2.

Shoreland Setback. The shoreland setback shall be one hundred (100) feet from the ordinary-high water mark, except as provided in subsection (3)(a), below.

3.

Stormwater Facilities.

a.

Within the downtown overlay district, development and redevelopment within the shoreland setback shall prepare a stormwater management plan in accordance with Chapter 12.16 which incorporates stormwater runoff management designs that decrease the volume of runoff by a minimum of fifty (50) percent when compared to pre-development conditions for a one and one-half inches rainfall event. The area included in such a stormwater management plan shall be limited to the area being disturbed within the stream buffer for the proposed development or redevelopment. Minimum building setback shall be seventy-five (75) feet from the ordinary high watermark.

b.

Within the shoreland setback and outside of the vegetative buffer zone described in subsection 5, below, stormwater management facilities are permitted with the approval of the city engineer.

4.

Height. For structures or portions of structures within the shoreland setback, the maximum height shall be forty-five (45) feet.

5.

Vegetation. Land extending from the ordinary high water mark to a minimum of thirty-five (35) feet inland shall be preserved as a vegetative buffer zone where removal of vegetation is prohibited except as follows:

a.

Routine maintenance of vegetation.

b.

Removal of trees and shrubs to create access and viewing corridors, provided that the combined width of all access and viewing corridors on a riparian lot or parcel may not exceed the lesser of thirty (30) percent of the shoreline frontage or two hundred (200) feet.

c.

Removal of trees and shrubs for parcels with ten (10) or more acres of forested land consistent with "generally accepted forestry management practices" as defined in § NR 1.25(2)(b), and described in department publication "Wisconsin Forest Management Guidelines" (publication FR-226), provided that vegetation removal be consistent with these practices.

d.

Removal of vegetation to manage exotic or invasive species, damaged vegetation, vegetation that must be removed to control disease, or vegetation creating an imminent safety hazard, provided that any vegetation removed be replaced by replanting in the same area as soon as practicable.

6.

Filling, Grading, Lagooning, Dredging, Ditching and Excavating. May be permitted only in accordance with the provisions of § NR 115.04, the requirements of Ch. 30, Wis. Stats., and other state and federal laws where applicable, and only if done in a manner designed to minimize erosion, sedimentation and impairment of fish and wildlife habitat and natural scenic beauty.

7.

Nonconforming Structures and Uses.

a.

Nonconforming Structures. Maintenance, repair, replacement, or expansion of nonconforming structures is permitted under the following:

i.

An existing structure that was lawfully placed when constructed but that does not comply with the required shoreland setback may be vertically expanded. The total height of the expansion and the original structure shall not exceed thirty-five (35) feet.

ii.

Municipalities may allow expansion of a structure beyond the existing footprint if the expansion is necessary to comply with applicable state or federal requirements.

iii.

Maintenance, repair, replacement, or vertical expansion is permitted for nonconforming structures that were authorized by variance (§ 59.692(1k)(a)2. and (a)4., Wis. Stats.).

iv.

A structure of which any part was authorized to be located within the shoreland setback area by a variance granted before July 13, 2015 may be maintained, repaired, replaced, restored, rebuilt or remodeled if the activity does not expand the footprint of the authorized structure.

b.

Nonconforming Uses. Per § 62.23(7)(h), Wis. Stats., the continued lawful use of a building, premises, structure, or fixture existing at the time of the adoption this chapter may not be prohibited although the use does not conform with the provisions of the chapter.

i.

The nonconforming use may not be extended.

ii.

The total structural repairs or alterations in such a nonconforming building, premises, structure, or fixture shall not during its life exceed fifty (50) percent of the assessed value of the building, premises, structure, or fixture unless permanently changed to a conforming use.

iii.

If the nonconforming use is discontinued for a period of twelve (12) months, any future use of the building, premises, structure, or fixture shall conform to the chapter.

B.

Post-1982 Annexation Area Shoreland Regulations.

1.

Applicability. The following regulations apply to shoreland within areas annexed by the City of River Falls after May 7, 1982, and that prior to annexation was subject to a county shoreland zoning ordinance under § 59.692, Wis. Stat.

2.

Height. For structures or portions of structures within the shoreland setback, the maximum height shall be thirty-five (35) feet.

3.

Shoreland Setback.

a.

The shoreland setback shall be seventy-five (75) feet from the ordinary-high water mark, except as provided in subsections b and c, below.

b.

Construction or placement of a principal building within the shoreland setback may be permitted if all of the following apply:

i.

The principal building is constructed or placed on a lot or parcel of land that is immediately adjacent on each side of the lot or parcel of land containing a principal building.

ii.

The principal building is constructed or placed within a distance equal to the average setback of the principal building on the adjacent lots or thirty-five (35) feet from the ordinary high-water mark, whichever distance is greater.

iii.

Exempt structures within setback area:

iv.

Open sided and screened structures such as gazebos, decks, patios and screen houses in the shoreland setback area that satisfy the requirements in § 59.692(1v), Wis. Stats.

v.

Broadcast signal receivers, including satellite dishes or antennas that are one meter or less in diameter and satellite earth station antennas that are two meters or less in diameter.

vi.

Utility transmission and distribution lines, poles, towers, water towers, pumping stations, well pumphouse covers, private on-site wastewater treatment systems that comply with Ch. SPS 383, and other utility structures that have no feasible alternative location outside of the minimum setback and that employ best management practices to infiltrate or otherwise control storm water runoff from the structure.

vii.

Walkway, stairway, or rail system that is necessary to provide pedestrian access to the shoreline and is no more than sixty (60) inches in width.

c.

Within the shoreland setback and outside of the vegetative buffer zone described in subsection 4, below, stormwater management facilities are permitted with the approval of the city engineer.

4.

Vegetation. Land extending from the ordinary high water mark to a minimum of thirty-five (35) feet inland shall be preserved as a vegetative buffer zone where removal of vegetation is prohibited except as follows:

a.

Routine maintenance of vegetation.

b.

Removal of trees and shrubs to create access and viewing corridors, provided that the combined width of all access and viewing corridors on a riparian lot or parcel may not exceed the lesser of thirty (30) percent of the shoreline frontage or two hundred (200) feet.

c.

Removal of trees and shrubs for parcels with ten (10) or more acres of forested land consistent with "generally accepted forestry management practices" as defined in § NR 1.25 (2) (b), and described in department publication "Wisconsin Forest Management Guidelines" (publication FR-226), provided that vegetation removal be consistent with these practices.

d.

Removal of vegetation to manage exotic or invasive species, damaged vegetation, vegetation that must be removed to control disease, or vegetation creating an imminent safety hazard, provided that any vegetation removed be replaced by replanting in the same area as soon as practicable.

5.

Filling, Grading, Lagooning, Dredging, Ditching and Excavating. May be permitted only in accordance with the provisions of § NR 115.04, the requirements of Ch. 30, Wis. Stats., and other state and federal laws where applicable, and only if done in a manner designed to minimize erosion, sedimentation and impairment of fish and wildlife habitat and natural scenic beauty.

6.

Impervious Surfaces.

a.

Applicability. Impervious surface standards shall apply to the construction, reconstruction, expansion, replacement or relocation of any impervious surface that is or will be located within two hundred (200) feet of the ordinary high water mark of any the Kinnickinnic River, Rocky Branch, and the S. Fork of the Kinnickinnic River on any of the following:

i.

A riparian lot or parcel.

ii.

A non-riparian lot or parcel that is located entirely within three hundred (300) feet of the ordinary high water mark of any navigable waterway.

b.

Calculation. Percentage of impervious surface shall be calculated by dividing the surface area of the existing and proposed impervious surfaces on the lot or parcel by the total surface area of that lot or parcel and multiplying by one hundred (100).

c.

General Standard. A maximum of fifteen (15) percent of impervious surface as calculated, in subsection 2, above, may be permitted within the shoreland area of a lot.

d.

Existing Impervious Surfaces. For existing impervious surfaces that were lawfully placed when constructed but that do not comply with the standards above, the property owner may do any of the following as long as the property owner does not increase the percentage of impervious surface that existed on the effective date of this chapter:

i.

Maintain and repair all impervious surfaces.

ii.

Replace existing impervious surfaces with similar surfaces within the existing building envelope.

iii.

Relocate or modify existing impervious surfaces with similar or different impervious surfaces, provided that the relocation or modification meets the applicable setback requirements.

7.

Nonconforming Structures and Uses.

a.

Nonconforming Structures. Maintenance, repair, replacement, or expansion of nonconforming structures is permitted under the following:

i.

An existing structure that was lawfully placed when constructed but that does not comply with the required shoreland setback may be vertically expanded. The total height of the expansion and the original structure shall not exceed thirty-five (35) feet.

ii.

Municipalities may allow expansion of a structure beyond the existing footprint if the expansion is necessary to comply with applicable state or federal requirements.

iii.

Maintenance, repair, replacement, or vertical expansion is permitted for nonconforming structures that were authorized by variance (§ 59.692(1k)(a)2. and (a)4., Wis. Stats.).

iv.

A structure of which any part was authorized to be located within the shoreland setback area by a variance granted before July 13, 2015 may be maintained, repaired, replaced, restored, rebuilt or remodeled if the activity does not expand the footprint of the authorized structure.

b.

Nonconforming Uses. Per 62.23(7)(h), Wis. Stats., the continued lawful use of a building, premises, structure, or fixture existing at the time of the adoption this chapter may not be prohibited although the use does not conform with the provisions of the ordinance.

i.

The nonconforming use may not be extended.

ii.

The total structural repairs or alterations in such a nonconforming building, premises, structure, or fixture shall not during its life exceed fifty (50) percent of the assessed value of the building, premises, structure, or fixture unless permanently changed to a conforming use.

iii.

If the nonconforming use is discontinued for a period of twelve (12) months, any future use of the building, premises, structure, or fixture shall conform to the ordinance.

(Ord. No. 2021-01, § 1, 2-9-2021)

A.

Zoning Administrator. The zoning administrator shall have the authority to issue permits as well as all powers and duties as listed in Section 17.104.020.

B.

Permits. Any development or change in use of an existing building or structure in the shoreland setback shall require the issuance of a zoning permit unless otherwise expressly excluded by a provision of this chapter.

1.

Application. A permit application shall be made to the zoning administrator upon forms furnished by the city and shall include, for the purpose of proper enforcement of these regulations, the following information:

2.

General Information.

a.

Name, address, and telephone number of the applicant, property owner, and contractor, where applicable.

b.

A narrative describing the project, including schedule and phasing, as applicable.

c.

Legal description of the property and a general description of the proposed use or development.

3.

Site Development Plan. The site development plan shall be prepared by a licensed engineer and submitted as a part of the permit application and shall contain the following information drawn to scale:

a.

Dimensions and area of the lot;

b.

Location of any structures with distances measured from the lot lines and centerline of all abutting streets or highways;

c.

Description of any existing or proposed water and sewer systems;

d.

Location of the ordinary high water mark of any abutting navigable waterways;

e.

Boundaries of all wetlands;

f.

Existing and proposed topographic and drainage features and vegetative cover;

g.

Location of floodplain and floodway limits on the property as determined from floodplain zoning maps;

h.

Location of existing or future access roads;

i.

Specifications and dimensions for areas of proposed wetland alteration; and

j.

Any additional information as determined by the zoning administrator.

C.

Board of Appeals. The board of appeals shall have all powers and duties as listed in Section 17.104.030.

1.

Appeals to the Board. Appeals to the board may be taken by any person aggrieved or by an officer, department, board, or bureau affected by any order, requirement, decision, or determination of the zoning administrator or another administrative official. Such appeals shall be taken within a reasonable time, as provided by the rules of the board by filing with the official whose decision is in question, and with the board of appeals, a notice of appeal specifying the reasons for the appeal. The person whose decision is in question shall transmit to the board all the papers constituting the record on the matter appealed.

2.

Public Hearings.

a.

Before making a decision on an appeal, the board shall, within a reasonable period of time, hold a public hearing. The board shall give public notice of the hearing by publishing a class 2 notice under Ch. 985, Wis. Stats., specifying the date, time and place of the hearing and the matters to come before the board. At the public hearing, any party may present testimony in person, by an agent, or by an attorney.

b.

A copy of such notice shall be mailed to the parties in interest and the appropriate office of the DNR at least ten (10) days prior to all public hearings on issues involving shoreland-wetland zoning.

3.

Decisions.

a.

The final disposition of an appeal before the board shall be in the form of a written decision, made within a reasonable time after the public hearing and signed by the board chairperson. Such decision shall state the specific facts which are the basis of the board's determination and shall either affirm, reverse, or modify the order, requirement, decision, or determination appealed, in whole or in part, or dismiss the appeal for lack of jurisdiction or prosecution.

b.

A copy of such decision shall be mailed to the parties in interest and the appropriate office of the DNR within ten (10) days after the decision is issued.

(Ord. No. 2021-01, § 1, 2-9-2021)

A.

The city may alter, supplement, or change the regulations contained in this chapter in accordance with the requirements of § 61.35 and § 61.353 or § 62.23 and § 62.233, Wis. Stats. and Chapter NR 115, Wis. Adm. Code.

1.

A copy of each proposed text amendment shall be submitted to the appropriate office of the DNR within five days of the submission of the proposed amendment to the city.

2.

All proposed text amendments shall be referred to the plan commission, which body shall make a recommendation to city council. Prior to taking any action on a proposed text amendment, 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. The appropriate office of the DNR shall be provided with written notice of the public hearing at least ten (10) days prior to such hearing.

3.

Amendments to shoreland zoning regulations are not subject to the procedures in Section 17.104.050 for zoning ordinance and zoning map amendments.

(Ord. No. 2021-01, § 1, 2-9-2021)

Any development, building or structure, or accessory building or structure constructed, altered, added to, modified, rebuilt or replaced or any use or accessory use established after the effective date of this chapter in violation of the provisions of this chapter, by any person, firm, association, corporation (including building contractors or their agents) shall be deemed a violation. The zoning administrator shall refer violations to the plan commission and the district attorney, corporation counsel or municipal attorney who shall prosecute such violations. Any person, firm, association, or corporation who violates or refuses to comply with any of the provisions of this chapter shall be subject to an amount as approved by the city council and established in the fee schedule. Each day of continued violation shall constitute a separate offense. Every violation of this chapter is a public nuisance and the creation thereof may be enjoined and the maintenance thereof may be abated by action at the suit of the municipality, the state, or any citizen thereof pursuant to § 87.30(2), Wis. Stats.

(Ord. No. 2021-01, § 1, 2-9-2021)