These regulations are adopted under the authority granted by Wis. Stats. § 62.23(7).

(Code 2006, § 17.01(1)

This chapter shall be known as, referred to or cited as the "Zoning Code, City of St. Croix Falls, Wisconsin."

(Code 2006, § 17.01(2))

The purpose of this chapter is to promote the health, safety, morals, prosperity, aesthetics and general welfare of the city.

(Code 2006, § 17.01(3))

It is the general intent of this chapter to regulate and restrict the use of all structures, lands and waters; regulate and restrict lot coverage, population distribution and density, and the size and location of all structures so as to lessen congestion in and promote the safety and efficiency of the streets and highways; secure safety from fire, flooding, panic and other dangers; provide adequate light, air, sanitation and drainage; prevent overcrowding; avoid undue population concentration; facilitate the adequate provision of public facilities and utilities; stabilize and protect property values; further the appropriate use of land and conservation of natural resources; preserve and promote the beauty of the city; and implement the city comprehensive plan or plan components. It is further intended to provide for the administration and enforcement of this chapter and to provide penalties for its violation.

(Code 2006, § 17.01(4))

It is not intended by this chapter to repeal, abrogate, annul, impair or interfere with any existing easements, covenants, deed restrictions, agreements, ordinances, rules, regulations or permits previously adopted or issued pursuant to law. However, wherever this chapter imposes greater restrictions, the provisions of this chapter shall govern.

(Code 2006, § 17.01(5))

In their interpretation and application, the provision of this chapter shall be held to be minimum requirements and shall be liberally construed in favor of the city and shall not be deemed a limitation or repeal of any other power granted by the state statutes nor does the Code dismiss the obligations of developers of land to obtain other regulatory approval that may exist such as from the county, the department of national resources, the state department of transportation or other regulatory agencies.

(Code 2006, § 17.01(6))

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Accessory building means a building or portion of a building subordinate to the main building and used for a purpose customarily incidental to the permitted use of the main building or the use of the premises. When an accessory building is a part of the main building or is substantially attached thereto, the side yard and rear yard requirements of the main building shall be applied to the accessory building.

Agricultural use means and includes farming, dairying, pasturage, agriculture, horticulture, floriculture, viticulture, and animal and poultry husbandry, and the necessary accessory uses for packing, treating or storing the produce; provided, however, that the operation of any such accessory uses shall be secondary to that of the normal agricultural activities.

Alley means a street or thoroughfare, less than 21 feet wide and affording only secondary access to abutting property.

Basement means a story, as defined in this section, partly underground which, if occupied for living purposes, shall be counted as a story for purposes of height measurement.

Building means any structure used, designed or intended for the protection, shelter, enclosure or support of persons, animals or property. When a building is divided into separate parts by un-pierced walls extending from the ground up, each part shall be deemed a separate building.

Building, height of, means the vertical distance from the average curb level in front of the lot or the finished grade at the building line, whichever is higher, to the highest point of the coping of a flat roof, to the deck line of a mansard roof, or to the average height of the highest gable of a gambrel, hip or pitch roof.

Certificate of occupancy means a written statement issued by the building inspector which permits the use of a building or lot or a portion of a building or lot and which certifies compliance with the provisions of this chapter for the specified use and occupancy.

Conditional use means a use of a special nature so as to make impractical its predetermination as a principal use within a district.

Dwelling. The following definitions describe different types of dwellings:

Multifamily means a building or portion thereof designed for and occupied by more than two families, including tenement houses, row houses, apartment houses and apartment hotels.

Single-family means a detached building designed for or occupied exclusively by one family which includes such structures constructed on site, manufactured homes, and movable tiny homes but does not include mobile homes as herein defined.

Split two-family means a dwelling unit type consisting of single-family residence which is in complete compliance with chapter 6 and section 40-255(b) which is attached on one side to another single-family residence. The split two-family dwelling is distinguished from the typical two-unit dwelling by having each unit located on an individual lot.

Two-family means a detached or semi-detached building designed for and occupied exclusively by two families.

Dwelling unit means a separate housekeeping unit, designed and used for occupancy by a single family.

Family means any number of persons related by blood, adoption or marriage, or not to exceed four persons not so related, living together in one dwelling as a single housekeeping entity.

Floor area means:

(1)

For residential uses, the gross horizontal area of the floor of a dwelling unit, exclusive of porches, balconies, garages and basements, measured from the exterior faces of the exterior walls or from the center lines of walls or partitions separating dwelling units.

(2)

For uses other than residential, the area measured from the exterior faces of the exterior walls, or from the centerline of walls or partitions separating such uses, including all floors, lofts, balconies, mezzanines, cellars, basements and similar areas devoted to such uses.

Frontage means the smallest dimension of a lot abutting a public street measured along the street line.

Garage. The following definitions describe different types of garages:

Private means an accessory building or space for the storage only of not more than three motor-driven vehicles per dwelling.

Public means any building or premises, other than a private or a storage garage, where motor-driven vehicles are equipped, repaired, serviced, hired, sold or stored.

Storage means any building or premises used for the storage only of motor-driven vehicles, pursuant to previous arrangements and not to transients, and where no equipment, parts, fuel, grease or oil is sold.

Home occupation means a gainful occupation conducted by members of the family only within their place of residence, provided that no article is sold or offered for sale on the premises except such as is produced by such occupations, that no stock in trade requiring outdoor storage is kept or sold, that no mechanical equipment is used other than such as is permissible for purely domestic purposes, that no sign other than one unlighted name plate not more than one foot square is installed and that no more than one person other than a member of the immediate family living on the premises is employed. Outdoor storage of raw materials or finished products is not allowed.

Hotel, motel means a building in which lodging, with or without meals, is offered to transient guests for compensation and in which there are more than five sleeping rooms with no cooking facilities in any individual room or apartment.

Loading area means a completely off-street space or berth on the same lot for the loading or unloading of freight carriers, having adequate ingress and egress to a public street or alley.

Lot means a parcel of land having a width and depth sufficient to provide the space necessary for one main building and its accessory building, together with the open spaces required by this chapter and abutting on a public street or officially approved place.

Lot, corner, means a lot abutting on two or more dedicated and accepted streets at their intersections.

Lot, interior, means a lot other than a corner lot.

Lot, through, means an interior lot having frontage on two non-intersecting streets.

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

Lot lines means the lines bounding a lot as defined herein.

Manufactured home means a structure or structures certified and labeled as a manufactured home under 42 USC 5401 to 5406, built since June 15, 1976, that bears a seal indicating it has met the mobile home construction and safety standards of the United States Department of Housing and Urban Development (HUD) standards, is used as a permanent, single-family residential dwelling, is installed in accordance with the manufacturer's instructions, is properly connected to all applicable utilities, and is set on an enclosed foundation in accordance with Wis. Stats. § 70.043(1), and Wis. Admin. Code ch. SPS 321, subchs. III, IV and VI (Wis. Admin. Code SPS 321.12 et seq., 321.15 et seq., and 321.19 et seq.) as certified by the building inspector prior to occupancy.

Medical office means any building or portion of a building used, or intended to be used, as an office for the practice of any type of medicine, including chiropractic or dentistry; it shall not include clinics of a medical or dental nature for group medical services.

Mobile home means a single-family dwelling built on or before June 15, 1976, designed to be towed or transported and used as a residential dwelling, but does not include a manufactured home. The term "mobile home" also means any coach, cabin, trailer, travel trailer, motor home, house car or other structure which is, or was originally constructed or designed to be, transported by any motor vehicle upon a public highway and designed, equipped or used for sleeping, eating or living quarters or as a place of business, or is intended to be so used, whether mounted upon wheels or supports or capable of being moved by its own power or transported by another vehicle, and includes any additions, attachments, foundations annexed or appurtenances thereto.

Mobile home park means any lot on which two or more mobile homes are parked for the purpose of temporary or permanent habitation.

Motel. See Hotel.

Movable tiny homes mean units that are less than 400 square feet intended for separate, independent living quarters, designed as a permanent, year-round residence for one household which includes basic functional areas that support normal daily routines including cooking, sleeping, and sanitation and that meets the following conditions:

(1)

Is licensed and registered with the Department of Motor Vehicles and meets ANSI 119.5 requirements or the National Fire Protection Association (NFPA) 1192 standards as inspected and certified for compliance with the requirements in this subdivision by a licensed professional engineer or qualified third-party inspector for ANSI compliance accredited pursuant to either the American Society for Testing and Materials Appendix E541, or ISO/IEC 17020.

(2)

Is towable by a bumper hitch, frame-towing hitch, or fifth-wheel connection, and is not designed to move under its own power; and is no larger than allowed by State Law for movement on public highways and in no case may exceed 14 feet in width;

(3)

Has at least 150 square feet of first floor interior living space;

(4)

Limited to a maximum height of 15 feet;

(5)

The unit shall be designed to look like a conventional residential structure rather than a recreational vehicle. This shall be done by incorporating design features and materials typically used for houses, such as typical siding or roofing materials, pitched roofs, eaves, residential windows, including the following:

a.

Materials used as exterior wall covering shall be natural or man-made materials of a non-reflective nature, except that reflective materials may be used as accent panels when approved as part of a conditional use permit in a tiny home community;

b.

Windows shall be at least double pane glass and labelled for building use, and shall include exterior trim;

c.

Includes insulation with values of at least R13 for the walls and R19 for floor and ceiling;

d.

Wall framing studs are 16 inches — 24 inches on center, with a minimum of 2×4 wood or metal studs or equivalent SIP panels;

e.

Is connected to water, sewer and electricity. Electricity may be provided by off-grid solar system;

f.

When sited, the unit is to be anchored to the ground and is to have skirting that covers wheels, axles, anchors and hitch.

Movable tiny home community. A movable tiny home community shall be built in accordance with requirements of section 40-735 and RD zoning and shall only be permitted in a RD zone with a conditional use permit.

Nonconforming use means a building or premises lawfully used or occupied at the time of the passage of the ordinance from which this chapter is derived or amendments thereto which use or occupancy does not conform to the regulations of this chapter or any amendments thereto.

Open space ratio means the square footage of site open space provided for each foot of building floor area.

Parking stall means an off-street space, available for the parking of a motor vehicle and which, in this chapter, is held to be an area ten feet wide and 20 feet long, exclusive of passageways and driveways appurtenant thereto and giving access thereto.

Planned unit development means a process which allows for or encourages mixed uses such as two or more principal structures or uses on a single parcel of land and allowing for substantial deviations from other zoning classifications such as lot size.

Principal building means the building on a lot in which is conducted the principal use as permitted on such lot by the regulations of the district in which it is located.

Professional home office means the office of a doctor, practitioner, dentist, minister, architect, landscape architect, professional engineer, lawyer, author, musician, artist, craftsperson or other recognized profession. When established in an R-l district, a professional office shall be incidental to the residential occupation and not more than 25 percent of the floor area of only one story of a dwelling unit shall be occupied by such office. Only one person may be employed who is not a resident of the home.

Professional office means any building or portion of a building used, or intended to be used, as an office for a lawyer, architect, engineer, land surveyor, optometrist, accountant or other similar profession; it shall not include group professional services.

Setback means the minimum horizontal distance between the street line and the nearest point of a building or any projection thereof, excluding uncovered steps.

Shopping center means a group of stores, planned and designed for the site on which it is built, functioning as a unit with off-street parking provided on the property as an integral part of the unit.

Sign means any words, letters, figures, numerals, phrases, sentences, emblems, devices or designs visible from a public street or highway which convey information regarding the use or ownership of the establishment on the same property upon which it is located, as distinguished from a billboard (see also article XI of this chapter).

Street means all property dedicated for public street purposes.

Story means that portion of a building included between the surface of a floor and the surface of the floor next above it or, if there is no floor above it, then the space between the floor and the ceiling next above it. A basement or cellar having one-half or more of its height above grade shall be deemed a story for purposes of height regulation.

Street line means a dividing line between a lot, tract or parcel of land and an abutting street.

Structural alterations means any change in the supporting members of a building or any change in the roof structure or in the exterior walls.

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

Use means the purpose or activity for which the land or building thereon is designed, arranged or intended, or for which it is or is to be occupied or maintained.

Use, accessory, means a use subordinate in nature, extent or purpose to the principal use of a building or lot and which is also an approved use if so stated in this chapter.

Use, conditional. See Conditional use.

Use, permitted, means a use which may be lawfully established in a particular district, provided it conforms with all requirements, regulations and performance standards, if any, of such districts.

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

Utilities means public and private facilities such as water wells, water and sewer pumping stations, water storage tanks, electric transmission towers, electric lines, electric transmission substations, gas transmission regulation stations, telephone and telegraph exchanges, microwave relay structures, but not including sewage disposal plants, municipal incinerators, warehouses, shops and storage yards.

Vision clearance means an unoccupied triangular space at the street corner of a corner lot which is bounded by the street lines and a setback line connecting points specified by measurement from the corner on each street line.

Yard means an open space on the same lot with a building, unoccupied and unobstructed from the ground upward, except as otherwise provided herein.

(1)

Front yard or setback. A yard extending the full width of the lot between the front lot line and the nearest part of the main building, excluding uncovered steps.

(2)

Rear yard. A yard extending the full width of the lot, being the minimum horizontal distance between the rear lot line and the nearest part of the building excluding uncovered steps.

(3)

Side yard. A yard extending from the front yard to the rear yard, being the minimum horizontal distance between a building and the side lot line.

Zoning district means an area within the corporate limits for which the regulations and requirements governing use, lot and bulk of building and premises are uniform.

Zoning permit means a permit stating that the placement of and the purpose for which a building or land is to be used is in conformity with the uses permitted and all other requirements under this chapter for the zone in which it is to be located.

(Code 2006, § 17.02; Ord. No. 7-22, § I, 7-25-2022)

Any person who violates, disobeys, neglects, omits or refuses to comply with, or who resists the enforcement of, any of the provisions of this chapter shall forfeit a sum of not less than $10.00 nor more than $200.00, together with the costs of prosecution and, in case of nonpayment of such forfeiture, shall be imprisoned in the county jail for a term of not more than 30 days or until such judgment is paid, and each day of violation shall constitute a separate offense.

(Code 2006, § 17.28)