For the purposes of this chapter, the city is hereby divided into the following zoning districts:

(1)

Single-family residential district (R-1).

(2)

Single-family residential district (R-2).

(3)

Multiple dwelling residential district (R-3).

(4)

Rural development district (RD).

(5)

Mobile home park and mobile home subdivision district (MH).

(6)

Planned unit development district (PUD).

(7)

General commercial district (B-l).

(8)

Upper riverway overlay district.

(9)

Highway commercial district (B-2).

(10)

Industrial district (M-1).

(11)

Light industrial district (M-2).

(12)

Highway 08/35 scenic resource overlay.

(13)

Conservancy district (CON).

(14)

Historic preservation overlay district.

(15)

St. Croix national scenic riverway district.

(Code 2006, § 17.07(1))

The locations and boundaries of the districts are shown on the city zoning map, as amended, and referred to by reference as the Official Zoning Map, City of St. Croix Falls, Wisconsin. Such map, together with all explanatory matter and regulations thereon, is an integral part of this chapter and all amendments thereto. The zoning map shall be kept by the city clerk and shall be available for public inspection during office hours. Any changes or amendments affecting district boundaries shall not be effective until recorded and the certified change is filed with the map.

(Code 2006, § 17.07(2); Ord. No. 3-21, § 1, 3-29-2021; Ord. No. 4-21, § 1, 4-26-2021; Ord. No. 7-21, § 1, 6-28-2021)

When uncertainty exists with respect to the boundaries of the various districts as shown on the map, the following rules shall apply:

(1)

When width or length of boundaries are not clear, the scale of the map shall determine the approximate dimensions.

(2)

When the regulations of the floodplain zoning code and this article conflict with one another, the most restrictive combination of such regulations shall control.

(3)

District boundaries are normally lot lines and centerlines of streets, highways, railroads or alleys.

(Code 2006, § 17.07(4))

The single-family residential district (R-1) is intended to provide a quiet, pleasant and relatively spacious living area for single-family dwellings, protected from traffic hazards and intrusion of incompatible land uses.

(Code 2006, § 17.08(intro. ¶))

The permitted uses in the single-family residential district (R-1) are as follows:

(1)

Single-family dwellings.

(2)

Attached and/or detached garage.

(3)

Garden and yard equipment shed, 120 square feet maximum.

(4)

Municipal owned facilities, including wastewater treatment plants.

(5)

Public parks, recreation areas, playgrounds and community centers.

(6)

Home occupations and professional home offices, as defined in section 40-7.

(Code 2006, § 17.08(1))

The conditional uses in the single-family residential district (R-1) are as follows:

(1)

Churches, synagogues and similar places of worship and instruction, including parsonages.

(2)

Public warehouses, public garages, public shops and storage yards.

(3)

Utility offices, provided there is no service garage or storage yard.

(4)

Public, parochial and private elementary and secondary schools.

(5)

Private parks, recreation areas, playgrounds and community centers.

(6)

Barbershops and beauty shops, and home occupations involving on-premises sales.

(7)

Two-family dwellings.

(8)

Bed and breakfast establishments.

(9)

Allow garages and accessory structures by conditional use permit larger than the maximum sizes otherwise specified in the single-family residential district (R-1), subject to the following conditions:

a.

The lot on which the accessory structure or garage is to be located must be two acres or more in size.

b.

The proposed structure location on the lot must fit into the terrain without substantial grading, filling, or other significant altering measures.

c.

The building must conform to the residential character of the surrounding neighborhood.

d.

The accessory structure shall not exceed 1,600 square feet in size.

e.

In no case shall the total square feet of all the buildings on the lot exceed the maximum lot coverage requirements.

f.

The building will be evaluated in the context of the existing conditions on the site and the application for a conditional use permit will include information on the size, type and dimensions, including height, of all buildings.

(Code 2006, § 17.08(2); Ord. No. 3-20, § 1, 10-26-2020)

Single-family dwellings/two-family dwellings shall meet the following minimums:

*The front yard setback of any accessory building shall be no less than the actual setback of the principal building.

**To permit garage roof to match pitch of house roof; however, garage height shall not exceed elevation (sea level) of house.

(Code 2006, § 17.08(3))

The single-family residential district (R-2) is intended to provide a quiet, pleasant and relatively spacious living area for single-family, two-family and multifamily dwellings protected from traffic hazards and intrusion. Further, it is intended that two-family and multifamily dwellings be dispersed throughout the district on a conditional use basis.

(Code 2006, § 17.09(intro. ¶))

The permitted uses in the single-family residential district (R-2) are the uses permitted in the single-family residential district (R-1).

(Code 2006, § 17.09(1))

The conditional uses in the single-family residential district (R-2) are the conditional uses permitted in the single-family residential (R-1) district. The conditional uses in the single-family residential district (R-2) are as follows:

(1)

Two-family dwellings.

(2)

Multifamily dwellings.

(3)

Funeral homes.

(4)

Public hospitals and rest homes.

(5)

Private clubs, fraternities and lodges, except those whose chief activity is customarily carried on as a business.

(6)

Professional offices (see definitions).

(7)

Medical offices (see definitions).

(8)

Boardinghouses, up to four paying guests or boarders, including bed and breakfast establishments.

(9)

Allow garages and accessory structures by conditional use permit larger than the maximum sizes otherwise specified in the single-family residential district (R-2), subject to the following conditions:

a.

The lot on which the accessory structure or garage is to be located must be two acres or more in size.

b.

The proposed structure location on the lot must fit into the terrain without substantial grading, filling, or other significant altering measures.

c.

The building must conform to the residential character of the surrounding neighborhood.

d.

The accessory structure shall not exceed 1,600 square feet in size.

e.

In no case shall the total square feet of all the buildings on the lot exceed the maximum lot coverage requirements.

f.

The building will be evaluated in the context of the existing conditions on the site and the application for a conditional use permit will include information on the size, type and dimensions, including height, of all buildings.

(Code 2006, § 17.09(2); Ord. No. 3-20, § 1, 10-26-2020)

(a)

Single-family dwellings. Single-family dwellings shall meet the following minimums:

*The front yard setback of any accessory building shall be no less than the actual setback of the principal building.

(b)

Two-family dwellings. Two-family dwellings shall meet the following minimums:

*The front yard setback of any accessory building shall be no less than the actual setback of the principal building.

(c)

Split two-family dwelling requirements. Split two-family dwellings shall have the same requirements as subsection (b) of this section for each of the two dwellings units, except that the attached side yard setback, including the common wall between the two dwellings, shall be zero feet. Split two-family dwellings shall have the following additional requirements:

(1)

A minimum fire separation, complying with Wis. Admin. Code ch. COMM 21.08, providing a vertical separation of all areas from the lowest level to flush against the underside of the roof, is required between each dwelling unit.

(2)

The two residences shall be located on individual lots.

(3)

An executed homeowners' agreement providing for the procedure for the owners of the two units to reach agreements on the improvements and maintenance of the two-family dwelling.

(d)

Multiple-family dwellings. Multiple-family dwellings shall meet the following minimums:

(Code 2006, § 17.09(3)(c))

The multiple dwelling residential district (R-3) is intended to provide an area where higher density residential development is permitted by the construction or alteration of buildings for multiple dwelling purposes. Such a multiple dwelling development shall be well buffered and provide a pleasant living environment protected from traffic, noise and incompatible land uses. This district is to be located in areas presently served or readily serviceable by municipal water and sewer facilities.

(Code 2006, § 17.095(intro. ¶))

The permitted used in the multiple dwelling residential district (R-3) are as follows:

(1)

Multiple dwelling units not to exceed eight units within the same structure.

(2)

Neighborhood parks or playgrounds.

(3)

Uses customarily incident to any of the permitted uses, provided that such use does not generate unusual amounts of traffic or noise that would create a public or private nuisance.

(Code 2006, § 17.095(1))

The conditional uses in the multiple dwelling residential district (R-3) are as follows:

(1)

Multiple dwelling units over eight units within the same structure.

(2)

Allow garages and accessory structures by conditional use permit larger than the maximum sizes otherwise specified in the multiple dwelling residential district (R-3), subject to the following conditions:

a.

The lot on which the accessory structure or garage is to be located must be two acres or more in size.

b.

The proposed structure location on the lot must fit into the terrain without substantial grading, filling, or other significant altering measures.

c.

The building must conform to the residential character of the surrounding neighborhood.

d.

The accessory structure shall not exceed 1,600 square feet in size.

e.

In no case shall the total square feet of all the buildings on the lot exceed the maximum lot coverage requirements.

f.

The building will be evaluated in the context of the existing conditions on the site and the application for a conditional use permit will include information on the size, type and dimensions, including height, of all buildings.

(Code 2006, § 17.095(2); Ord. No. 3-20, § 3, 10-26-2020)

(a)

The lot, yard and building requirements in the multiple dwelling residential district (R-3) are as follows:

(b)

Two principal buildings are permitted on one lot without a conditional use permit provided the combined number of units does not exceed eight.

(Code 2006, § 17.095(3))

The permitted uses in the rural development district (RD) are as follows:

(1)

Single-family residences.

(2)

Parks and open spaces, agricultural and general farming, except farms feeding offal or garbage.

(Code 2006, § 17.10(1))

The conditional uses in the rural development district (RD) are as follows:

(1)

Cemeteries and mausoleums.

(2)

Municipal service functions and structures, and pumping stations.

(3)

Churches.

(4)

Hospitals.

(5)

Taverns.

(6)

Fairgrounds, carnivals and circuses.

(7)

Travel trailer parks and campgrounds.

(8)

Swimming pools.

(9)

Golf courses, driving ranges and amusement parks.

(10)

Airports and heliports.

(11)

Social halls.

(12)

Stables.

(13)

Nursing homes.

(14)

Allow garages and accessory structures by conditional use permit larger than the maximum sizes otherwise specified in the rural development district (RD), subject to the following conditions:

a.

The lot on which the accessory structure or garage is to be located must be two acres or more in size.

b.

The proposed structure location on the lot must fit into the terrain without substantial grading, filling, or other significant altering measures.

c.

The building must conform to the residential character of the surrounding neighborhood.

d.

The accessory structure shall not exceed 1,600 square feet in size.

e.

In no case shall the total square feet of all the buildings on the lot exceed the maximum lot coverage requirements.

f.

The building will be evaluated in the context of the existing conditions on the site and the application for a conditional use permit will include information on the size, type and dimensions, including height, of all buildings.

(15)

Movable tiny home community.

(Code 2006, § 17.10(2); Ord. No. 3-20, § 3, 10-26-2020; Ord. No. 7-22, § I, 7-25-2022)

The lot, yard and building requirements in the rural development district (RD) are as follows:

(Code 2006, § 17.10(3))

The permitted uses in the MH mobile home park, mobile home subdivision, manufactured home park, manufactured home subdivision district are:

(1)

Mobile home parks, manufactured home parks.

(2)

Mobile home subdivisions, manufactured home subdivisions.

(Code 2006, § 17.11(1))

There are no conditional uses in the mobile home park, mobile home subdivision, manufactured home park, manufactured home subdivision district (MH).

(Code 2006, § 17.11(2))

The park and space requirements in the mobile home park, mobile home subdivision, manufactured home park, manufactured home subdivision (MH) district are:

(1)

Park requirements.

a.

A minimum of five acres.

b.

Forty-foot minimum setbacks on all sides.

c.

A hard surface road no less than 24 feet wide serving all mobile home spaces.

d.

Electricity, cable television and public sewer and water servicing all mobile home spaces.

e.

A central hard surface parking lot with one parking space for each three mobile home spaces.

f.

A separate building providing laundry facilities.

g.

An on-site manager's office which may consist of one single- or two-family dwelling.

h.

Park owner responsible for maintaining all park roads and payment of all utilities, including water and sewer.

(2)

The space requirements in the mobile home park, mobile home subdivision, manufactured home park, manufactured home subdivision district (MH) are as follows:

(Code 2006, § 17.11(3))

The lot, yard and building requirements for the mobile home and manufactured home subdivisions in the mobile home park, manufactured home park, mobile home subdivision and manufactured home subdivision district (MH) are as follows:

(Code 2006, § 17.11(4))

Planned unit development district (PUD) regulations are intended to permit greater flexibility and, consequently, more creative and imaginative design for residential and business development of a site than is possible under conventional zoning regulations. It is further intended to promote more economical and efficient use of the land while providing a harmonious variety of housing choices, a higher level of amenities, and preservation of the natural qualities of open spaces. The planned development procedure requires a high degree of cooperation between the developer and the city.

(Code 2006, § 17.111(1))

The plan commission may recommend, and the common council may, upon the request of the owners, establish planned development overlay districts which will, over a period of time, tend to promote the maximum benefit from coordinated area site planning by permitting the diversified location of structures and mixed dwelling and business types and compatible uses.

(1)

Mixed uses. A mix of different residential and business uses within a planned unit development district (PUD) may be permitted if the plan commission and the common council determine that the mix of uses is compatible and necessary to achieve the objectives of the PUD.

(2)

Number and size of buildings on a lot. The planned unit development may allow more than one residential or business building on a lot and allow for minimum floor areas different from the underlying zoning district that will serve the objectives of the city. In no case shall the minimum floor area be less than 500 square feet in any planned unit development.

(3)

Density. The planned unit development district (PUD) may permit the transfer of density from one portion of the subject site to another and will permit the clustering of buildings in one or more locations within the total site. However, the density of use shall not exceed the density permitted in the underlying existing zoning district or districts. In the event a portion of the development is zoned floodplain, up to 10 percent of total area for determining density may be flood fringe. No wetland areas may be used for density purposes.

(4)

Minimum area for a planned unit development district (PUD). Planned unit development districts (PUD) are intended to provide flexibility to encourage more creative design for all sizes of site that would be allowed under conventional zoning. To achieve this goal, the minimum site size shall be determined by the plan commission on a case-by-case basis.

(5)

Setbacks. Front, side, and rear setbacks abutting the perimeter of the planned unit development district (PUD) shall comply with the underlying zoning, except when the plan commission determines that the planned unit development district (PUD), in approving the overall site plan, will best serve the objectives of the city in permitting varying setbacks.

(6)

Building requirements. The building regulations of the underlying zoning shall be applicable for all developments.

(7)

Temporary uses. Real estate field offices or shelters for materials and equipment being used in the construction of a permanent structure.

(Code 2006, § 17.111(2); Ord. No. 1-22, § I, 1-10-2022)

(a)

Preliminary consultation. An applicant may meet with the plan commission and appropriate city staff members for a preliminary consultation prior to formally submitting a rezoning petition for planned development zoning. The purpose of this preliminary consultation is to discuss the proposed request and review the local regulations and policies applicable to the project and discuss the land use implications of the proposal.

(b)

Rezoning petition and general development plan. The applicant shall submit a rezoning petition in accordance with the application procedure described in division 6, article II of this chapter. In addition to the required information noted in division 6, article II of this chapter, a general development plan shall be submitted to the plan commission and the council for review 30 business days prior to any rezoning hearing. The general development plan shall show the locations of buildings, common open space, parking and drive areas, recreation facilities, principal landscaping features and other major components of the proposed project.

(c)

Other information. In addition, other documents or related information or plans showing the architectural designs of buildings may be required by the plan commission and the council. Fifteen copies of this information shall also be submitted to the commission and the council for review at least 30 business days prior to any rezoning hearing. Other related information may include, but is not limited to, maintenance standards, plans of operation and economic impact and market feasibility.

(d)

Public inspection. Fifteen copies of the general development plan and related information shall be submitted to the plan commission 30 business days prior to any rezoning hearing and shall be available for public inspection prior to any rezoning hearing on the proposed project.

(Code 2006, § 17.111(3))

(a)

The plan commission may recommend, and the common council may adopt, by resolution, conditions and restrictions for planned developments that specify permitted uses, set regulations and density standards for lot coverage and dwelling unit and height size and distribution and yard setbacks.

(b)

Conditions and restrictions adopted to govern any planned development may include nonstandard or non-uniform requirements, regulations and provisions recommended by plan commission and approved by the council. Such nonstandard requirements, regulations and provisions shall be designed to ensure proper development and appropriate operation and maintenance of specific developments on specific sites.

(c)

Developers shall agree, by a developer's agreement, with the city to comply with all applicable laws and regulations, including any conditions and restrictions adopted to regulate a specific planned development.

(Code 2006, § 17.111(4))

After planned unit development district (PUD) zoning has been granted and the general development plan, together with conditions imposed, has been approved, 15 copies of detailed site plans and information covering that portion of the total project which is intended for construction shall be submitted to the plan commission for approval prior to the issuance of building permits. The detailed plans and information shall conform substantially to the general development plan and to the resolution of conditions and restrictions which were approved at the time of rezoning.

(Code 2006, § 17.111(5))

Building plans may also be subject to architectural review by a certified architect for their review and approval prior to the issuance of a building permit or plan commission approval.

(Code 2006, § 17.111(6))

(a)

After the common council has approved the detailed site plans, construction of private and public construction may commence in accordance with chapter 34, article II, division 3.

(b)

No building permit for residences shall be issued until all applicable fees and assessments required in section 40-365 and chapter 34, article IX have been paid and either all public and private construction has been completed and approved for a developer's agreement, including a letter of credit, has been approved by the common council. For staged development, such developers' agreements shall provide for the construction of improvements and the use of common areas outside of the subject stage.

(c)

After the common council has approved the plans, the project shall be commenced within one year unless the time is extended in writing by the council. In the event the project is not so timely commenced, the approval of the council shall be deemed to be automatically revoked.

(Code 2006, § 17.111(7))

(a)

Should the owner of a planned development, or the condominium owners' association in the event a condominium is created, fail to properly operate or maintain the premises as provided in the plan or to the extent that a nuisance is caused to occupants or neighbors, the common council may refuse to approve subsequent stages of development until such time as they determine that the situation and/or the method of operation has been corrected.

(b)

Should the owner of a planned development or condominium owners' or homeowners' or business association fail to adequately perform maintenance functions such as snow and ice removal, weed cutting or trash disposal, the city shall have the right to perform such functions or to contract for their accomplishment at the property owner's expense.

(Code 2006, § 17.111(8))

(a)

All proposed changes, revisions and additions to any aspect of an approved planned development project shall be submitted to the plan commission for its review. The plan commission shall determine if the change, revision or addition is minor or if it materially affects the intended design of the project and the impact of the project on neighboring uses.

(b)

If the change is determined to be minor, the plan commission shall review the request and pass its findings to the common council, which may approve the change without a public hearing. The commission's decision on minor changes shall be rendered at a meeting subsequent to the meeting at which the requested change was initially presented to the plan commission.

(c)

If the requested change is determined by the plan commission to be subsequent because of its effect on the intended design of the project or on neighboring uses, a public hearing shall be held by the commission to review and pass its findings to the council for final approval.

(Code 2006, § 17.111(9))

To the extent applicable, any planned development shall be subject to the procedures and regulations of chapter 34 governing the division and platting of land. However, the design standards and required improvements established in chapter 34 may be modified or waived upon recommendation by the plan commission and approved by the council where strict compliance would result in not achieving the design flexibility necessary to achieve the objectives of the planned development.

(Code 2006, § 17.111(10))

The developer shall pay to the city all fees and all professional expenditures incurred by the city at the time specified.

(1)

General PUD plan review fee. The developer shall pay a fee of $100.00 plus $2.00 for each residential or business unit over 25 at the time the application is filed.

(2)

Detailed PUD plan review fee. The developer shall pay a fee of $100.00 plus $2.00 for each residential or business unit over 25 at the time the application is filed.

(3)

Professional fees. The developer shall reimburse the city for all engineering, architectural review, planning, administrative review and legal fees incurred by the city. A $2,500.00 retainer for such costs is due at the time the application is filed.

(Code 2006, § 17.111(11))

The general commercial district (B-1), encompassing the downtown area of the city, is intended to provide an area for the business and commercial needs of the city. The purpose of this district is to serve to provide a cultural center for the city, and will contain a mix of uses to provide a lively street presence of shops, art galleries, performance space and restaurants, while allowing for the continuation of professional service centers.

(Code 2006, § 17.12; Ord. No. 03-07, § I, 4-30-2007)

The permitted uses in the general commercial district (B-1) are as follows:

(1)

Post offices.

(2)

General business and commercial uses which do not generate noise, smoke or odors that would create a public or private nuisance. These uses generally include the following:

a.

Banks, commercial or professional offices and telephone offices.

b.

Hotels and motels.

c.

Movie and performance theaters.

d.

Personal service offices such as insurance, dental and the like.

e.

Restaurants and taverns.

f.

Dwelling units above ground floor commercial.

g.

Uses customarily incident to any of the above uses.

(3)

Retail shops and businesses, including new and used clothing stores.

(4)

Funeral parlors.

(5)

Libraries.

(6)

Parks.

(7)

Bed and breakfast establishments.

(8)

Hospitals.

(9)

Visitors centers associated with the scenic St. Croix riverway.

(10)

Any other uses similar in character to the above permitted uses and the manufacture or treatment of products clearly incidental to the conduct of a retail business on the premises.

(Code 2006, § 17.12(1); Ord. No. 03-07, § I, 4-30-2007)

(a)

Purpose. The purpose of the arts, culture and historic overlay district is as follows:

(1)

To promote and encourage art and cultural venues and events in downtown;

(2)

To enhance downtown's uniqueness as a destination for local residents;

(3)

To promote and encourage cultural tourism;

(4)

To support economic development and reinvestment.

(b)

Permitted uses. In addition to the permitted uses identified in section 40-390, the following shall also be allowable uses within the general commercial district (B-1):

(1)

Art galleries and studio spaces.

(2)

Cafes and bistros.

(3)

Sculpture, pottery, and metal smith shops.

(4)

Sound and vision production studios.

(5)

Certified alternative health care practitioners.

(6)

Photographer studios.

(7)

Space for actors, musicians, writers, and dance troupes, including performance, studio or class space.

(8)

Art-related retail, including frame shops and art supply stores.

(9)

Schools, both public and private, with a focus on instruction of the arts.

(10)

Antique shops.

(11)

Interior and graphic designers.

(12)

Jewelers.

(13)

Fiber artists and craft persons.

(14)

Uses of a like or similar character to the above.

(Code 2006, § 17.12(5); Ord. No. 03-07, § I, 4-30-2007)

The conditional uses in the general commercial district (B-1) are as follows:

(1)

Wastewater treatment plants and city offices.

(2)

Ground floor residential when associated with an arts related use. See section 40-393.

(3)

Patio seating or on-street bistro tables when associated with a restaurant or beverage shop, so long as such use is terminated by 10:00 p.m. and so long as such use abides by restrictions as may be imposed when granting a conditional use.

(4)

Tattoo parlors.

(Code 2006, § 17.12(5); Ord. No. 03-07, § I, 4-30-2007)

Uses permitted in the general commercial district (B-l) are subject to the following conditions:

(1)

Dwelling units are not permitted below the second floor and business uses are not permitted above the second floor, except in those buildings or structures where dwelling units are not established. Dwelling units may be allowed on the ground floor if it is associated with a live-work project and contains all of the following:

a.

The building street front remains retail oriented and is open on a regular and consistent basis to the general public and is at least 300 square feet.

b.

The proposed living space is to be occupied by the operator/owner of the retail space and such living space is at least 700 square feet or at least 300 square feet per person, whichever is more.

c.

That the proposed renovation is wholly or partially in keeping with the arts, culture and historic overlay district permitted uses and the retail component shall sell works primarily by the artist and regional area residents.

d.

The proposed live-work space conforms to all state and local building and safety standards.

The general intent of this provision is to create an area where artists may live and work in the same space, and where the arts can flourish and serve to enhance the historic older downtown buildings and surrounding older neighborhoods. Such additional restrictions are allowed only as a conditional use and shall not detract, but rather enhance overall, the vibrant retail nature of the historic downtown retail center.

(2)

All business establishments shall be retail or service establishments dealing directly with consumers. All goods produced on the premises shall be sold at retail on the premises where produced.

(3)

All business, servicing or processing, except for off-street parking or loading, shall be conducted within completely enclosed buildings.

(Code 2006, § 17.12(5); Ord. No. 03-07, § I, 4-30-2007)

Within the general commercial district (B-1), there shall be no minimum required standards or setbacks in order to provide flexibility in the redevelopment of the downtown area. However, new buildings shall be subject to the off-street parking and loading requirements of article IX of this chapter, where applicable. The maximum height shall comply with river town provisions of Wis. Admin. Code ch. NR 118, that being 45 feet, as measured from average ground elevation. All areas within the Wis. Admin. Code ch. NR 118 scenic riverway boundary shall be setback at least 100 feet from the ordinary high water mark of the St. Croix River. New construction within the general commercial district (B-1) shall incorporate design elements of the older architectural style of the community and seek to blend state of the art conservation technologies and designs into the existing storefront streetscape.

(Code 2006, § 17.12(5); Ord. No. 03-07, § I, 4-30-2007)

The upper riverway overlay district is intended to provide for mixed use development allowing for connectivity of the downtown business district to the National Park Service Headquarters and taking into consideration its location near the River Town designated area of the St. Croix Riverway and the hydro-electric dam. The upper riverway overlay district is that area laying west of the centerline of North Washington Street, east of the St. Croix River, north of the city overlook deck, and south of the centerline of Massachusetts Street.

(Code 2006, § 17.122(intro. ¶))

The permitted uses in the upper riverway overlay district are as follows:

(1)

All uses permitted in the general commercial district (B-1).

(2)

Mixed uses of commercial and residential where such uses have gone through the planned unit development review and approval process as outlined in division 7, article V of this chapter.

(Code 2006, § 17.122(1))

Areas encompassing the upper riverway overlay district must have a setback from the ordinary high water mark of the St. Croix River of 75 feet. Development of steep slopes shall be allowed upon obtaining a grading permit from the department of natural resources.

(Code 2006, § 17.122(2))

(a)

Lot frontage. The lot frontage requirements in the upper riverway overlay district is a minimum 50 feet.

(b)

Principal buildings. There shall be no side or front yard setbacks required, similar to the general commercial district (B-1) in the upper riverway overlay district, so long as all state building codes are complied with. There shall be no rear yard setbacks so long as the 75-foot setback from the ordinary high water mark of the St. Croix Riverway is maintained.

(c)

Building height. The building height in the upper riverway overlay district is a maximum of 40 feet, as measured from street grade recognizing that, given existing slopes and length of lot sizes, that building height when measured from the river face may exceed 40 feet.

(Code 2006, § 17.122(3))

The highway commercial (B-2) district is established to provide for the establishment of principally motor vehicle-oriented or dependent commercial activities in nonresidential settings. Lot dimensional requirements are established to provide for the orderly grouping of commercial uses and for adequate off-street parking.

(Code 2006, § 17.13(intro. ¶))

The permitted uses in the highway commercial district (B-2) are:

(1)

Automotive sales, servicing and repairs.

(2)

Department stores and discount stores.

(3)

Banks and drive-in banks.

(4)

Drive-in establishments serving food or beverages.

(5)

Restaurants, night clubs and taverns.

(6)

Implement sales and service.

(7)

Gasoline and service stations.

(8)

Parks.

(9)

Lumber and contractors' yards.

(10)

Hotels and motels.

(11)

Truck terminals and depots.

(12)

Shopping centers.

(13)

Supermarkets.

(14)

Professional offices.

(15)

Any other uses similar in character with the permitted uses and the manufacture or treatment of products clearly incidental to the conduct of a retail business on the premises.

(16)

Hospitals, clinics, and related uses.

(Code 2006, § 17.13(1); Ord. No. 2-23, 1-30-2023)

The conditional uses in the highway commercial district (B-2) are as follows:

(1)

Drive-in theaters.

(2)

Animal hospitals.

(3)

Golf driving ranges and amusement parks.

(4)

Permitted uses in the light industrial district (M-2).

(5)

Other uses similar in character to the permitted uses, giving due consideration to such items as noise, odor, pollution, traffic and parking, safety, hours and type of operation.

(6)

Department stores and discount stores in excess of 10,000 square feet.

a.

All new commercial development over 10,000 square feet shall be a conditional use requiring a public hearing allowing the plan commission and community an opportunity to consider the architecture and design of a building its arrangement on the lot, landscaping, parking, pedestrian amenities, signage, lighting, and other design elements. The intent of this provision is to encourage distinctive architectural features in harmony with their natural and historic setting and authenticity and integrity in the built environment. Approval of the commercial development shall be conditioned upon critical design elements that may include earth tone color schemes, decorative brick, use of native or historic materials, pedestrian corridors, landscaped parking areas, and signage sensitive to the environment and the region. All new commercial development shall incorporate outdoor lighting which does not glare upwards and is shielded to prevent shining outside the property boundary. Commercial developments over 10,000 square feet shall not have blank walls of more than 75 feet, and such shall be enhanced by display windows, murals, or similar features that add visual interest to the store. The city may require, as safety measures, sidewalks linking stores to street crossings, building entrances, and other pedestrian linkages. The city may appoint a citizen's advisory committee to work with the developer on incorporation of these design standards. Those bluffs and slopes along the highway 8 commercial corridor shall be planted with vegetative screenings or shall preserve native growth where appropriate in order to protect and enhance scenic or significant views. The vegetation shall be managed to maintain the essential character, quality anddensity of existing growth, or native species on nearby adjacent lands. Compatible native species of vegetation shall be used for replacement or new plantings.

b.

All new commercial development of 10,000 square feet or more shall comply with the provisions outlined in the city's retail commercial design guidelines.

(Code 2006, § 17.13(2))

The lot, yard and building requirements in the B-2 highway commercial district are as follows:

(Code 2006, § 17.13(3))

Except as otherwise provided for in this Code, and subject to sec. article X of this chapter pertaining to signs, signs in the highway commercial district (B-2) shall be set back not less than ten feet from the property line of the affected parcel nor more than the distance equal to the height of the sign, whichever is greater.

(Code 2006, § 17.13(4))

The off-street parking and loading requirements for the highway commercial district (B-2) are contained in article IX of this chapter.

(Code 2006, § 17.13(5))

The scenic resource overlay district is adopted to prevent scenic degradation, and to preserve and protect scenic views as seen from the Highway 08/35 corridor and especially to protect such entrance views of the city and to minimize the adverse visual effects of development by preserving existing slopes and natural features.

(Code 2006, § 17.14(intro. ¶))

The scenic resource overlay district shall extend along U.S. Highway 8 from Glacier Drive to the east and to the St. Croix River to the west, and extend along Hwy 35 from the U.S. Highway 8 overpass on the north to the southern city limits.

(Code 2006, § 17.14(1))

The permitted uses in the scenic resource overlay district are all those uses permitted within the designated zoning district.

(Code 2006, § 17.14(2))

The restrictions and regulations in the scenic resource overlay district are as follows:

(1)

Existing slopes and bluffs greater than 12 percent shall not be altered or disturbed to become less than 12 percent.

(2)

Native vegetation shall be maintained to the greatest extent possible.

(3)

Trees greater than one foot in diameter shall not be removed without a permit and shall follow the provisions as outlined in section 34-593.

(4)

Outdoor lighting is to be directed downward and shielded. High or low pressure sodium bulbs may be a maximum 75 watts. Mercury vapor lamps are prohibited. Mast-mounted lights must be kept to a minimum number and maximum height of 20 feet.

(5)

All exterior colors to be used on any new construction within this corridor shall be muted native earth tones which blend with the immediate environment. Materials shall be of wood, stone or other natural materials.

(6)

No reflective surfaces except glass.

(7)

Buildings shall be encouraged to be constructed in a low-profile design that blends with the terrain.

(8)

No interior lighted signs or billboards shall be allowed excepting those previously in existence allowing for their replacement or modification.

(9)

Landscaping and berming shall be required to blend construction with the natural environment.

(10)

Land disturbed by construction must be reclaimed, within three years after the building permit is issued, to no less than pre-construction condition to preserve the environmental integrity of the view corridor.

(11)

Sharing of driveways to the greatest extent possible shall be required in accord with the general policy and regulations of the department of transportation to consolidate or eliminate access points onto U.S. Highway 8 and Highway 35 and to encourage alternate access to such highway fronting businesses, especially in light of grading, location of access ramps, and other unique public safety issues within this corridor.

(12)

Setback. All buildings and structures shall meet setbacks of the applicable zoning district and be setback at least 40 feet from any existing bluff line, the bluff line setback shall be measured on a horizontal plane from the point of the structure that is nearest the bluff line, including roof overhangs and any cantilevered portions of the structure.

(Code 2006, § 17.14(3))

The industrial district (M-1) is intended to provide for manufacturing or industrial operation which, on the basis of actual physical and operational characteristics, would not be detrimental to the surrounding area or to the city as a whole by reason of noise, dirt, dust, smoke, odor, traffic, physical appearance or other similar factors, and subject to such regulatory controls as will reasonably ensure compatibility in this respect. Outdoor storage of raw materials or finished products is not allowed.

(Code 2006, § 17.15(intro. ¶))

The conditional uses in the industrial district (M-1) are:

(1)

Automotive repair, service and storage of automobile accessories, except the wrecking of motor vehicles.

(2)

Commercial bakeries.

(3)

Commercial greenhouses.

(4)

Feed mills and dairy plants.

(5)

Machine shops.

(6)

Painting and printing.

(7)

Lumber yards.

(8)

Freight yards and terminals.

(9)

Bottling.

(10)

Manufacture, fabrication, packing and packaging and assembly of products from furs, glass, leather (but not tanning of hides or manufacture of leather), metals, paper (but not the manufacture of paper or pulp), plaster, plastic (but not the manufacture of plastic), textiles and wood (but not the manufacture of paper or pulp).

(11)

Manufacture, fabrication, processing, packaging and packing of confections, cosmetics, electrical appliances, electronic devices, food (except meat and meat products, fish and fish products, cabbage products or the vining of peas).

(12)

Manufacture of furniture, home supplies and appliances, instruments, jewelry, office supplies, pharmaceuticals, sporting goods, tobacco products and toiletries.

(13)

Laboratories.

(14)

Warehousing.

(15)

Welding shops.

(16)

Wholesaling.

(17)

Mini-storage.

(18)

High technology businesses utilizing computers and their related processes.

(Code 2006, § 17.15(1))

The conditional uses in the industrial district (M-1) are:

(1)

Storage and warehousing of fuel and materials, but not the storage of wrecked or dismantled vehicles and junk or the storage of explosives.

(2)

Other uses similar in character to the permitted uses, giving due consideration to such items as noise, odor, pollution, traffic and parking, safety, hours and type of operation.

(3)

Golf courses.

(Code 2006, § 17.15(2))

The lot, yard and building requirements in the industrial district (M-1) are as follows:

(Code 2006, § 17.15(3))

The off-street parking and loading requirements in the industrial (M-1) district are contained in article IX of this chapter.

(Code 2006, § 17.15(4))

The performance standards and requirements in the industrial district (M-1) are contained in article V, division 13 of this chapter.

(Code 2006, § 17.15(5))

The parking and loading requirements in the industrial district (M-1) are contained in article IX of this chapter.

(Code 2006, § 17.03(10))

Residential dwellings constructed on site or manufactured homes attached to a foundation shall meet the following minimum construction standards in addition to complying with all other applicable codes:

(1)

Have a standing seam or ribbed pre-finished metal, wood-shake, asphalt or fiberglass shingle roof with a minimum slope of 4:12.

(2)

Have a minimum of one-foot to a maximum of two-foot eave attached to the entire perimeter of the roof.

(3)

Have exterior wall coverings consisting of any of the following materials or combinations thereof:

a.

Aluminum, steel or vinyl siding.

b.

Wood or simulated wood.

c.

Brick, stone or stucco.

(4)

Have a permanent foundation meeting the requirements of the state uniform dwelling code and approved by the building inspector which surrounds the entire perimeter of the structure and completely encloses the space between siding and the finished grade.

(5)

Are permanently affixed to the foundation. Manufactured homes shall have the running gear and towing hitch removed and shall have an anchoring system that is totally concealed under the structure.

(6)

Are constructed and installed pursuant to a building permit and subject to all required inspections to ensure that the foundation and all on-site work is constructed to minimum standards and that a manufactured home is assembled or placed on-site to ensure that it is in compliance with standards regulating the anchoring of the structure to its foundation and other building requirements.

(7)

Have a core living area not less than 20 feet by 20 feet.

(Code 2006, § 17.03(11))

The light industrial district (M-2) is intended to provide for light manufacturing and light industrial uses of limited nature, scope and size. It is intended to exclude those uses that would be more appropriately located in the industrial district (M-1) and those light manufacturing and industrial uses that produce significant traffic, dirt, dust, noise, smoke, air or water pollution or odors, or that would otherwise create a public or private nuisance. The external appearance of lands and structures in the light industrial district (M-2) shall resemble a business campus based upon such reasonable rules and regulations as may be necessary to ensure compatibility with the intent of the district. Outdoor storage in the light industrial district (M-2) is prohibited.

(Code 2006, § 17.151(intro. ¶))

The permitted uses in the light industrial district (M-2) are as follows:

(1)

Light manufacturing, assembly, fabrication, packing and packaging, and processing facilities for products from glass, wood, leather, metal, paper, plastic and textiles.

(2)

Experimental research and testing laboratories which do not involve the keeping of animals outdoors or the use of animal products, by-products or offal or any significant degree of danger or undesirable operational characteristics.

(3)

General warehousing, not including outdoor storage.

(4)

Printing and publishing.

(5)

Tool making.

(6)

Cabinetry.

(7)

Public utility offices and installations, including substations subject to requirements that they be bermed, landscaped or screened in a manner to make them compatible with the surroundings and the environment.

(8)

Open spaces and stormwater drainage facilities or installations.

(9)

Parks, recreational areas, walks and trails.

(Code 2006, § 17.151(1))

The accessory buildings permitted in the light industrial (M-2) district are:

(1)

Accessory buildings for office, storage, power supply and other similar compatible uses ancillary or auxiliary to the principal use are permitted as recommended by the plan commission and approved by the council.

(2)

Off-street parking shall be permitted along with loading and service facilities as may be provided elsewhere in this Code.

(Code 2006, § 17.151(2))

The conditional uses in the light industrial (M-2) district are:

(1)

Telecommunication offices and installations, including towers, where not otherwise prohibited in this Code, and further subject to camouflage or similar requirements sufficient to make them compatible with the surroundings and the environment.

(2)

Light industrial uses similar or customarily incident to the permitted uses.

(3)

Planned unit residential developments subject to such conditions as the plan commission and other applicable regulations, codes and statutes may require, and the council may approve, including, but not limited to, landscaping, berming, screening, planting and the imposition of restrictive covenants, all of which shall serve to protect residents, preserve the basic compatibility of the development with the immediately surrounding or abutting environmental character. A PUD in this district must have live-work units or general office space or similar employable provisions as a condition to approval.

(Code 2006, § 17.151(3))

The lot, yard and building requirements in the light industrial district (M-2) are as follows:

*In the event any light industrial district (M-2) parcel is developed adjacent to a conditionally permitted residential planned unit development or is abutting a residential district, the side or rear yard setback shall be 50 feet and shall include a planting screen or similar barrier not less than 15 feet wide and not less than six feet in height along such adjacent or abutting parcel. In addition, in such circumstances, any accessory loading or delivery facility incident to the principal structure shall be located opposite such residential district or development, and the traffic pattern associated with such loading or delivery facility shall be designed to minimize traffic congestion on any city street or alley serving the principal structure.

(Code 2006, § 17.151(4))

The conservancy district (CON) is intended to preserve scenic and natural areas in the city and to prevent uncontrolled, uneconomical spread of residential development, and to help discourage intensive development of marginal lands so as to prevent potential hazards to public and private property. Where such conservancy lands are owned by the city or other non-profit entities, such as the Ice-Age Trail Foundation, such lands shall be open for the free and unrestricted use and enjoyment of the general public so long as such use is permitted and is in keeping with the conservation ethic of said lands.

(Code 2006, § 17.16(intro. ¶); Ord. No. 2-15, § I, 9-28-2015)

The permitted uses in the conservancy district (CON) are:

(1)

Public parks, playgrounds and hiking trails.

(2)

Management of forestry, wildlife and fish.

(3)

Harvesting of wild crops such as marsh hay, ferns, moss, berries, tree fruits and tree seeds.

(4)

Camping and/or low impact structures such as deer blinds, tree stands or structures such as hermitages, cabins or retreats, which are non-permanent in nature, have no foundation, and are constructed with limited use of conventional building materials.

(5)

General farming, provided that no drainage ditches or buildings are constructed.

(6)

Uses customarily incident to any of the above uses.

(Code 2006, § 17.16(1); Ord. No. 2-15, § I, 9-28-2015)

The conditional uses for the conservancy district (CON) are:

(1)

Golf driving ranges.

(2)

Dams, power plants, flowages, ponds, relocation of watercourses.

(3)

Removal of topsoil or peat.

(4)

Piers, docks, boathouses.

(5)

Ancillary buildings for recreational purposes, such as restrooms, concession stands, pavilions, limited storage and other public uses similar in nature.

(Code 2006, § 17.16(2); Ord. No. 2-15, § I, 9-28-2015)

There are no lot, yard or building requirements in the CON conservancy district.

(Code 2006, § 17.16(3); Ord. No. 2-15, § I, 9-28-2015)

It is hereby declared a matter of public policy that the protection, enhancement, perpetuation and use of improvements or sites of special character or special architectural, archaeological or historic interest or value is a public necessity and is required in the interest of the health, prosperity, safety and welfare of the citizens. The purpose of this division is to:

(1)

Effect and accomplish the protection, enhancement, and preservation of such improvements, sites and districts which represent or reflect elements of the city's cultural, social, economic, political and architectural history.

(2)

Safeguard the city's historic, prehistoric and cultural heritage, as embodied and reflected in such historic structures, sites and districts.

(3)

Stabilize and improve property values and enhance the visual and aesthetic character of the city.

(4)

Protect and enhance the city's attractions to residents, tourists and visitors, and serve as a support and stimulus to business and industry.

(Code 2006, § 17.161(1); Ord. No. 5-12, § 1, 8-27-2012)

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

Certificate of appropriateness means the certificate issued by the commission approving alteration, rehabilitation, construction, reconstruction or demolition of an historic structure, historic site or any improvement in an historic district.

Commission means the historic preservation commission created under this division.

Historic preservation district means an area designated by the council on recommendation of the commission that contains two or more historic improvements or sites.

Historic site means any parcel of land of historic significance due to a substantial value in tracing the history or primordial history of man, or upon which an historic event has occurred, and which has been designated as an historic site under this section, or an improvement parcel, or part thereof, on which is situated an historic structure and any abutting improvement parcel, or part thereof, used as and constituting part of the premises on which the historic structure is situated.

Historic structure means any improvement which has a special character or special historic interest or value as part of the development, heritage or cultural characteristics of the city, state or nation and which has been designated as an historic structure pursuant to the provisions of this chapter.

Improvement means any building, structure, place, work of art or other object constituting a physical betterment of real property, or any part of such betterment, including streets, alleys, sidewalks, curbs, lighting fixtures, signs and the like.

(Code 2006, § 17.161(2); Ord. No. 5-12, § 1, 8-27-2012)

An historic preservation commission is hereby created, consisting of seven members. Of the membership, if available in the community, one shall be a registered architect; one shall be an historian; one shall be a licensed real estate broker; one shall be an alderman and three shall be citizen members. Each member shall have, to the highest extent practicable, a known interest in historic preservation. The mayor shall appoint the commissioners, subject to confirmation by the council, for staggered three-year terms.

(Code 2006, § 17.161(3); Ord. No. 5-12, § 1, 8-27-2012)

The commission shall have the power, pursuant to section 40-590, to designate historic structures and historic sites and to recommend designation of historic districts within the city. Such designations shall be made pursuant to section 40-589. Historic districts shall be approved by the common council. Once designated, such historic structures, sites and districts shall be subject to all the provisions of this division.

(Code 2006, § 17.161(5)(a); Ord. No. 5-12, § 1, 8-27-2012)

(a)

No owner or person in charge of an historic structure, historic site or structure within an historic district shall reconstruct, alter or demolish all or any part of the exterior of such property or construct any exterior improvement upon such designated property or properties or cause or permit any such work to be performed upon such property or to demolish such property unless a certificate of appropriateness has been recommended by the historic preservation commission and approved by the common council. Also, unless the commission has granted such certificate, the building inspector shall not issue a permit for any such work.

(b)

Upon filing of any application for a certificate of appropriateness with the commission, the commission shall approve the application unless:

(1)

In the case of a designated historic structure or historic site, the proposed work would detrimentally change, destroy or adversely affect any exterior feature of the improvement or site upon which said work is to be done;

(2)

In the case of the construction of a new improvement upon an historic site, or within an historic district the exterior of such improvement would adversely affect or not harmonize with the external appearance other neighboring improvements on such site or within the district;

(3)

In the case of any property located in an historic district, the proposed construction, reconstruction exterior alteration or demolition does not conform to the purpose and intent of this section and to the objectives and design criteria of the historic preservation plan for said district;

(4)

The building or structure is of such architectural or historical significance that its demolition would be detrimental to the public interest and contrary to the general welfare of the citizens of the city and state;

(5)

In the case of a request for the demolition of a deteriorated building or structure, any economic hardship or difficulty claimed by the owner is self-created or is the result of any failure to maintain the property in good repair.

(c)

If the commission determines that the application for a certificate of appropriateness and the proposed changes are consistent with the character and features of the property or district, it shall issue the certificate of appropriateness. The commission shall base such decision on the proposed improvement keeping with the historic nature and intent and shall allow for modern (non-original) building materials. The commission shall make this decision within 45 days of the filing of the application.

(d)

The issuance of a certificate of appropriateness shall not relieve the applicant from obtaining other permits and approvals required by the city. A building permit or other municipal permit shall be invalid if it is obtained without the presentation of the certificate of appropriateness required for the proposed work.

(e)

Ordinary maintenance and repairs may be undertaken without a certificate of appropriateness, provided that the work involves repairs to existing features of an historic structure or site or the replacement of elements of a structure with pieces identical in appearance and provided that the work does not change the exterior appearance of the structure or site and does not require the issuance of a building permit.

(Code 2006, § 17.161(3)(b); Ord. No. 5-12, § 1, 8-27-2012)

Should the commission fail to issue a certificate of appropriateness due to the failure of the proposal to conform to the guidelines, the applicant may appeal such decision to the council within 30 days. In addition, if the commission fails to issue a certificate of appropriateness, the commission shall, with the cooperation of the applicant, work with the applicant in an attempt to obtain a certificate of appropriateness within the guidelines of this division.

(Code 2006, § 17.161(3)(c); Ord. No. 5-12, § 1, 8-27-2012)

At such time as an historic structure, site or district has been properly designated, the commission, in cooperation with the property owner, may cause to be prepared and erected on such property at city expense, a suitable plaque declaring that such property is an historic structure, site or district.

(Code 2006, § 17.161(5)(b); Ord. No. 5-12, § 1, 8-27-2012)

(a)

For purposes of this division, an historic structure, historic site, or historic district designation may be placed on any site, natural or improved, including any building, improvement or structure located thereon, or any area of particular historic, architectural, archaeological, geological or cultural significance to the city such as historic structures, sites, or districts which:

(1)

Exemplify or reflect the broad cultural, political, economic or social history of the nation, state or community;

(2)

Are identified with historic personages or with important events in national, state or local history;

(3)

Embody the distinguishing characteristics of an architectural type or specimen inherently valuable for a study of a period, style, method of construction, or of indigenous materials or craftsmanship;

(4)

Are representative of the notable work of a master builder, designer or architect who influenced his age; or

(5)

Have yielded, or may be likely to yield, information important to prehistory or history.

The foregoing notwithstanding, an historic structure designation shall not be placed on a privately owned building, improvement or structure without proper notification to the owner and public hearing, as herein provided.

(b)

The commission shall adopt specific operating guidelines for historic structure, historic site and historic district designation, providing such are in conformance with the provisions of this division.

(Code 2006, § 17.161(4); Ord. No. 5-12, § 1, 8-27-2012)

(a)

The commission may, after notice and public hearing, designate historic structures and historic sites, or rescind such designation or recommendation, after application of the criteria in section 40-589. At least ten days prior to such hearing, the commission shall notify the owners of record, as listed in the office of the city assessor, who are owners of property in whole or in part situated within 200 feet of the boundaries of the property affected.

(b)

The commission shall then conduct such public hearing and, in addition to the notified persons, may hear expert witnesses and shall have the power to subpoena such witnesses and records as it deems necessary. The commission may conduct an independent investigation into the proposed designation or rescission. Within ten days after the close of the public hearing, the commission may designate the property as either an historic structure or an historic site, or rescind the designation. After the designation or rescission has been made, notification shall be sent to the property owner or owners. Notification shall also be given to the city clerk, building inspector, plan commission, and the city assessor. The commission's recommendations shall be reviewed and approved by the common council. The commission shall cause the designation or rescission to be recorded, at city expense, in the county register of deeds office.

(Code 2006, § 17.161(6)(a); Ord. No. 5-12, § 1, 8-27-2012)

(a)

Geographic areas within city to be designated. For preservation purposes, the historic preservation commission may select geographically defined areas within the city to be designated as historic preservation overlay districts and prepare an historic preservation plan for each. An historic district may be designated for any geographic area of particular historic, architectural or cultural significance to the city after application of the criteria in section 40-589. Each historic preservation plan prepared for or by the historic preservation commission shall include a cultural and architectural analysis supporting the historic significance of the area, the specific guidelines for development, and a statement of preservation objectives.

(b)

Review and adoption procedure.

(1)

Historic preservation commission hearing. The historic preservation commission shall hold a public hearing when considering the plan for an historic district. Notice of the time, place and purpose of the public hearing shall be sent by the city clerk to the historic preservation commission and the owners of record, as listed in the office of the city assessor, who are owners of the property within the proposed historic district or are situated in whole or in part within 200 feet of the boundaries of the proposed historic district. Said notice is to be sent at least ten days prior to the date of the public hearing. Following the public hearing, the historic preservation commission shall vote to recommend, reject or withhold action on the plan. The public hearing may be before the common council, thus satisfying provisions of subsection (b)(2) of this section.

(2)

Common council hearing. The common council, upon receipt of the recommendations from the historic preservation commission, shall hold a public hearing, notice to be given as noted in subsection (b)(1) of this section and shall, following the public hearing, either designate or reject the historic district designation. Designation of the historic district shall constitute adoption of the plan prepared for that district and direct implementation of said plan.

(Code 2006, § 17.161(6)(b); Ord. No. 5-12, § 1, 8-27-2012)

No building permit shall be issued by the building inspector for alteration, construction, demolition or removal of a nominated historic structure, historic site or any property or structure within a nominated historic district from the date of the meeting of the historic preservation commission at which a nomination form is first presented until the final disposition of nomination by the historic preservation commission or the council unless such alteration, removal or demolition is authorized by formal resolution of the council as necessary for public health, welfare or safety. In no event shall delay be for more than 180 days.

(Code 2006, § 17.161(7); Ord. No. 5-12, § 1, 8-27-2012)

The city has enacted this division creating the St. Croix Riverway Overlay Zoning District (Riverway District) as authorized by Wis. Stats. § 30.27, Wis. Admin Code, ch. NR 118, and other applicable state statutes and administrative code sections.

(Code 2006, § 17.171(intro. ¶); Ord. No. 2-12, § I, 3-12-2012; Ord. No. 7-12, § I, 10-29-2012)

This division creates rules to reduce the adverse effects of overcrowding and poorly planned shoreline and bluff area development, to prevent pollution and contamination of surface waters and groundwaters and soil erosion, to provide sufficient space on lots for sanitary facilities, to minimize flood damage, to maintain property values, and to preserve and maintain the exceptional scenic, cultural and natural characteristics of the water and related land of the Lower St. Croix Riverway in a manner consistent with the national wild and scenic rivers act (P.L. 90-542), the Federal Lower St. Croix River Act of 1972 (P.L. 92-560) and the Wisconsin Lower St. Croix River Act (Wis. Stats. § 30.27).

(Code 2006, § 17.171(1); Ord. No. 2-12, § I, 3-12-2012; Ord. No. 7-12, § I, 10-29-2012)

These rules shall apply to land within the city that is also located within the boundaries of the Lower St. Croix National Scenic Riverway, as set forth in the master plan jointly prepared by the states of Minnesota and Wisconsin and the National Park Service pursuant to P.L. 92-560, to include the incorporated area of the city lying west of S.T.H. 35 and S.T.H. 87 in section 30, T34N, R18W (south of the hydro-electric dam). A boundary map and legal description of the St. Croix Falls Riverway District is available in the office of the city administrator.

(Code 2006, § 17.171(2); Ord. No. 2-12, § I, 3-12-2012; Ord. No. 7-12, § I, 10-29-2012)

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

Accessory structure means a subordinate structure, the use of which is incidental to, and customarily found in connection with, the principal structure or use of the property. Accessory structures include, but are not limited to, detached garages, sheds, barns, gazebos, patios, decks (both detached and attached), swimming pools, hot tubs, fences, retaining walls, driveways, parking lots, sidewalks, detached stairways and lifts.

Accessory use means a use subordinate to and serving the principal use on the same lot and customarily incidental thereto.

Agriculture means beekeeping; livestock grazing; orchards; raising of grain, grass or seed crops; raising of fruits, nuts or berries; placing land in federal programs in return for payments in kind; owning land, at least 35 acres of which is enrolled in the conservation reserve program under 16 USC 3831 to 3836; and vegetable raising.

Antenna means any device or equipment used for the transmission or reception of electromagnetic waves, which may include an omni-directional antenna (rod), a directional antenna (panel) or a parabolic antenna (disc).

Bed and breakfast operation means a place of lodging for transient guests that is the owner's personal residence, that is occupied by the owner at the time of rental, and in which the only meal served to guests is breakfast.

Bluff line means a line along the top of the slope preservation zone.

Building line means a line measured across the width of a lot at that point where the principal structure is placed in accordance with setback provisions.

Camouflage design means a wireless communication service facility that is disguised, hidden or screened, but remains recognizable as a tower or antenna.

Compliant building location means an area on a lot where a building could be located in compliance with all applicable ordinance requirements.

Conditional use means a use that is specifically listed in a local zoning ordinance as either a conditional use or special exception and that may only be permitted if the local zoning authority determines that the conditions specified in the ordinance for that use are satisfied.

Department means the state department of natural resources.

Disabled means having a physical or mental impairment that substantially limits one or more major life activities.

Earth-tone means colors that harmonize with the natural surroundings on the site during leaf-on conditions.

Expansion means an addition to an existing structure regardless of whether the addition is vertical or horizontal or both.

Filtered view of the river means that one can see the river through the vegetation, while any structure remains visually inconspicuous.

Footprint means the land area covered by a structure at ground level, measured on a horizontal plane. The footprint of a residence includes attached garages and porches, but excludes decks, patios, carports and roof overhangs.

Foundation means the underlying base of a building or other structure, including, but not limited to, pillars, footings, and concrete and masonry walls.

Human habitation means the use of a building or other structure for human occupancy, including, but not limited to, cooking, eating, bathing and sleeping.

Land division means any division of a parcel of land by the owner or the owner's agent for the purpose of transfer of ownership or building development which creates one or more parcels or building sites of 20 acres or less.

Landscape architect means a person who has graduated with a major in landscape architecture from a college accredited by the American Society of Landscape Architects.

Lift means a mechanical device, either temporary or permanent, containing a mobile open top car, including hand or guard rails, a track upon which the open top car moves, and a mechanical device to provide power to the open top car.

Local zoning ordinance means any zoning ordinance, portion of that ordinance, or amendments thereto, adopted by the city, with authority from state enabling legislation, which regulates the use of land within the city that is also within the Lower St. Croix Riverway.

Lot means a contiguous parcel of land with described boundaries.

Lower St. Croix National Scenic Riverway means the area described in Wis. Admin. Code NR 118.02(1) and section 40-620.

Management zones means the Lower St. Croix Riverway management zones established in Wis. Admin. Code NR 118.04 and described for the city in section 40-622.

Mitigation means action taken to minimize the adverse impacts of development. The term "mitigation" includes, but is not limited to, the installation of vegetative buffers, the removal of nonconforming structures from the shoreland setback area, and the implementation of best management practices for erosion control and stormwater management.

Net project area means developable land area minus slope preservation zones, floodplains, road rights-of-way and wetlands.

Nonconforming structure means a building or other structure whose location, dimensions or other physical characteristics do not conform to the standards in the current city zoning ordinance, but which was legally constructed or placed in its current location prior to the adoption of the ordinance or ordinance amendment that made it nonconforming.

Nonconforming use means the use of land or a structure or other premises that does not conform to the land use restrictions in the current city zoning ordinance, but which was legally established prior to the adoption of the ordinance or ordinance amendment that made it nonconforming.

Ordinary high water mark means, as defined by the state supreme court, the point on the bank or shore up to which the presence and action of surface water is so continuous as to leave a distinctive mark such as by erosion, destruction or prevention of terrestrial vegetation, predominance of aquatic vegetation, or other easily recognized characteristic. Where the bank or shore at any particular place is of such character that it is difficult or impossible to ascertain where the point of ordinary high water mark is, recourse may be had to the opposite bank of a stream or to other places on the shore of a lake or flowage to determine whether a given stage of water is above or below the ordinary high water mark.

Ordinary maintenance and repair means any work done on a nonconforming structure that does not constitute expansion, structural alteration or reconstruction and does not involve the replacement, alteration or improvement of any portion of the structure's foundation.

Planned cluster development means a pattern of development that places residences into compact groupings as a means of preserving open space.

Porch means a building walkway with a roof over it, providing access to a building entrance.

Principal structure means the main building or other structure on a lot that is utilized for the property's principal use. The term "principal structure" includes attached garages and porches.

Reasonable accommodation means allowing a disabled person to deviate from the strict requirements of the county's zoning ordinances if an accommodation is necessary and reasonable in order not to unlawfully discriminate against the disabled person and to allow them equal housing opportunity. Federal courts have interpreted the "reasonable accommodation" requirement to mean that an accommodation is reasonable if it does not cause any undue hardship or fiscal or administrative burden on the municipality, or does not undermine the basic purpose that the zoning ordinance seeks to achieve.

Reconstruction means the replacement of all or substantially all of the components of a structure other than the foundation.

Selection cutting means the removal of selected trees throughout the range of merchantable sizes at regular intervals, either singly or in small groups, leaving a uniformly distributed stocking of desirable tree and shrub size classes.

Setback means the minimum horizontal distance between a structure and either the ordinary high water mark or the bluff line.

Shelterwood cut means a partial removal of mature trees leaving trees of desirable species and form to provide shade, seed source and a desirable seed bed for natural regeneration with the final removal of the overstory after adequate regeneration is established.

Single-family residence means a detached structure used for human habitation for one family.

Slope preservation zone means the area riverward from the bluff line where the slope towards the river is 12 percent or more, as measured horizontally for a distance of not more than 50 feet or less than 25 feet.

Small regeneration cut means a harvest of not more than one-third of the contiguous forested ownership within a ten-year period with each opening not exceeding six acres in size and not closer than 75 feet at their closest points.

Stealth design means a wireless communication service facility that models or mimics in size or shape and color something in the surrounding landscape, such as silos in farm settings and trees in forested lands, and is unrecognizable yearround as an antenna or antenna mount.

Structural alteration means the replacement or alteration of one or more of the structural components of any of a nonconforming structure's exterior walls.

Structural component means any part of the framework of a building or other structure. The structural components of a building's exterior walls include the vertical studs, top and bottom plates, and window and door sills and headers. A structural component may be non-load-bearing, such as the framework of a wall at the gable end of a one-story house. Wall coverings, such as siding on the exterior and dry wall on the interior, are not included in the definition of structural component.

Structural erosion control measures means a retaining wall or other manmade structure whose primary function is to control erosion.

Structure means any manmade object with form, shape and utility that is constructed or otherwise erected, attached to or permanently or temporarily placed, either upon the ground, a riverbed, streambed or lakebed or upon another structure. For the purposes of this chapter, the term "structure" includes swimming pools, hot tubs, patios, decks and retaining walls, but does not include landscaping or earthwork such as graded areas, filled areas, ditches, berms or earthen terraces. The term "structure" does not include small objects that are easily moved by hand, such as lawn chairs, portable grills, portable picnic tables, bird feeders, birdhouses and birdbaths.

Substandard lot means a lot with dimensions that do not conform to all of the requirements of the city zoning ordinance.

Transmission services means an includes electric power lines, telephone and telegraph lines, communication towers, cables, sewage lift stations, sewer and water pipes, and other pipes, conduits and accessory structures that are used to transport power, convey information or transport material between two points, other than wireless communication service facilities.

Visually inconspicuous means difficult to see, or not readily noticeable, in summer months as viewed from, at or near the mid-line of the Lower St. Croix River.

Wetland means an area where water is at, near, or above the land surface long enough to be capable of supporting aquatic or hydrophytic vegetation and which has soils indicative of wet conditions.

Wireless communication service facilities means hardware that provides wireless communication services, including antennas, towers, all associated equipment, and buildings and other structures.

(Code 2006, § 17.171(3); Ord. No. 2-12, § I, 3-12-2012; Ord. No. 7-12, § I, 10-29-2012)

(a)

River town.

(1)

The river town management zone reflects the character of a small city and contains a mixture of commercial, park and residential developments that reflect the community's historic character. Dense, intensive development may be present, including utilities, multi-story structures and nonresidential buildings.

(2)

The river town management zone is established in the area south of the intersection of River Street and Washington Street, (the Overlook Deck) and north of a line parallel to the north boundary of Interstate Park, bounded on the west by the centerline of River Street, and on the east by the centerline of Washington Street.

(b)

Small town historic.

(1)

The small town historic management zone contains mostly single-family residences and is primarily historic in character. While some residences are newer and there are some commercial buildings that are historic in character, the predominant character of this district is of a late 19th or early 20th century residential area. A combination of manmade features, residential lawns and natural features will be found in this management zone.

(2)

The small town historic management zone is established in the area of the city which is within the riverway district, but not within the river town.

(Code 2006, § 17.171(4); Ord. No. 2-12, § I, 3-12-2012; Ord. No. 7-12, § I, 10-29-2012)

(a)

Permitted uses. The following are permitted uses in both management zones if the standards in section 40-624 are met:

(1)

Single-family residential and accessory uses.

(2)

Conservancy.

(3)

Forestry.

(4)

Agriculture.

(5)

Public parks, areas devoted to natural resource management and interpretation, waysides, rest areas, information areas and scenic overlooks.

(6)

Filling and grading outside of slope preservation zones.

(7)

Government buildings deemed in the public interest such as wastewater.

(b)

Permitted structures. The following are permitted structures in both management zones if the standards in section 40-624 are met:

(1)

Single-family residences and accessory structures.

(2)

Piers or wharves that have required state and federal permits or that meet statutory criteria or administrative rule standards and do not require a state or federal permit.

(3)

Signs.

(4)

Structural erosion control measures constructed outside of slope preservation zones. Rock rip-rap may be allowed within a slope preservation zone and in the ordinary high water mark setback area if the local zoning authority determines that rip-rap is necessary to prevent erosion in flood-prone areas, and either a state permit is granted for the rip-rap or statutory criteria or administrative rule standards are met and a state permit is not required for the rip-rap.

(c)

Additional permitted uses and structures in the river town management zone.

(1)

In the river town management zone, other permitted uses and structures that are allowed by the city's underlying zoning ordinance may be allowed as permitted uses and structures provided that the permitted uses and structures are listed in the city's general zoning ordinance with standards for those uses and structures that satisfy all of the following criteria:

a.

Protect the natural and scenic qualities of the Lower St. Croix National Scenic Riverway.

b.

Protect public health and safety.

c.

Prevent erosion and water pollution.

(2)

The following are additional permitted uses and structures in the river town management zones if the standards in section 40-624 are met:

a.

Banks, commercial or professional offices.

b.

Retail shops and businesses.

c.

Restaurants and cocktail lounges.

d.

Artist studios.

e.

Dwelling units above ground floor commercial.

f.

General government uses and structures, including visitor centers, administrative offices, storage facilities, fish hatcheries and wastewater treatment plants.

(d)

Conditional uses. The following uses and structures are conditionally permitted uses in both management zones. Conditional use permits for these uses and structures shall comply with the applicable requirements in sections 40-624 through 40-641:

(1)

Land divisions.

(2)

Planned cluster developments for single-family residences.

(3)

Transmission services.

(4)

Wireless communication service facilities.

(5)

Filling and grading within slope preservation zones.

(6)

Structural erosion control measures constructed in slope preservation zones.

(7)

Stairways.

(8)

Lifts.

(9)

Public roads and private roads serving two or more properties or single-family residences.

(10)

Bed and breakfast operations.

(11)

Home occupations.

(12)

Nature-oriented educational, nonprofit facilities.

(13)

Municipal owned utilities, including, but not limited to, wastewater treatment and collection facilities.

(e)

Additional conditional uses in the river town and small town historic management zone. In the river town and small town historic management zones, other conditional uses and structures allowed by the city's underlying zoning ordinance may be allowed as a conditional use and structure, provided that the use and structure are listed in the city's St Croix national scenic river-way overlay zoning district within the zoning code with standards for those uses and structures that satisfy all of the following criteria:

(1)

Protect the natural and scenic qualities of the Lower St. Croix National Scenic Riverway.

(2)

Protect public health and safety.

(3)

Prevent erosion and water pollution.

(f)

Prohibited uses. All uses and structures not listed as permitted or conditional shall be prohibited.

(Code 2006, § 17.171(5); Ord. No. 2-12, § I, 3-12-2012; Ord. No. 7-12, § I, 10-29-2012)

(a)

Dimensional and other standards.

(1)

Minimum lot size. The minimum lot size for parcels that are allowed to be used as building sites in both zones are those established as required in the city's zoning ordinance applicable to the underlying zoning district.

(2)

Minimum lot width. The minimum lot width shall apply at the building line and at the side of the lot nearest the river. The minimum lot width for each management zone shall be as follows:

a.

In the river town management zone, the minimum lot width shall be as required in the city's zoning ordinance applicable to the underlying zoning district.

b.

In the small town historic management zone, the minimum lot width shall be 100 feet.

(3)

Maximum structure height. The maximum structure height shall be measured between the average ground elevation and the uppermost point of the structure excluding chimneys. The maximum structure height for each management zone shall be as follows:

a.

In the river town management zone, the maximum structure height shall be 45 feet except for wireless communication service facilities which meet the requirements of section 40-629(3) and (4).

b.

In the small town historic management zone, the maximum structure height shall be 35 feet.

(4)

Ordinary high water mark setback. The ordinary high water mark setback shall be measured on a horizontal plane from the point of the structure that is nearest the ordinary high water mark, including roof overhangs and any cantilevered portions of the structure. The ordinary high water mark setback for both management zones for all structures except piers, wharves, structural erosion control measures, stairway and lifts, shall be set back at least 100 feet from the ordinary high water mark.

(5)

Bluff line setback. The bluff line setback shall be measured on a horizontal plane from the point of the structure that is nearest the bluff line, including roof overhangs and any cantilevered portions of the structure. In both management zones, all structures except piers, wharves, structural erosion control measures, stairways and lifts, shall be set back at least 40 feet from the bluff line.

(b)

Structure color standards. The following structure color standards shall apply:

(1)

In both management zones, structures designated as historic buildings or located in designated historic districts shall be either earth-tone colored or colored appropriate to the period in history for which they were designated.

(2)

Except as provided in subsection (b)(1) of this section, in the river town management zone, structure color requirements shall be determined by local zoning ordinance requirements applicable to the underlying zoning district.

(3)

Except as provided in subsection (b)(1) of this section, in the small town historic management zone, all new, expanded or reconstructed structures shall be earth-tone colored.

(c)

Sign standards. Signs are allowed in both management zones if one or more of the following criteria are met:

(1)

The sign is approved by state or local government and is necessary for public health or safety.

(2)

The sign indicates areas that are available or not available for public use.

(3)

The sign is not visible from the river and is otherwise lawful.

(d)

Structural erosion control measures. Except for rock rip-rap that is allowed in compliance with the requirements in section 40-423(b)(4), structural erosion control measures may only be placed above the ordinary high water mark and within the ordinary high water mark setback area and bluff line setback area if all of the following criteria are met:

(1)

The structural erosion control measure is constructed outside of slope preservation zones, or a conditional use permit has been issued in compliance with the requirements of section 40-631.

(2)

The city determines that structural erosion control measures are necessary to address significant on-going erosion that nonstructural erosion control measures cannot control.

(3)

The structural erosion control measure is constructed of natural materials and is made as visually inconspicuous as possible.

(4)

The person seeking to construct the structural erosion control measure submits a detailed construction plan, an erosion control plan and a vegetative management plan, showing how the structural erosion control measure will be constructed, what land disturbing activities will take place, what, if any, vegetation will be removed, and how new, native vegetation will be re-established. Construction may not proceed until the city has approved the plans.

(e)

Slope preservation zone standards. No structures, except piers, wharves, structural erosion control measures, stairways and lifts, may be placed in slope preservation zones. Slopes greater than 12 percent may not be altered to become less than 12 percent.

(f)

Vegetation management.

(1)

Goals for both management zones.

a.

The primary goal of these vegetative management provisions are to screen structures to make them visually inconspicuous and to prevent disturbance of environmentally sensitive areas such as steep slopes, shorelines and blufftop areas.

b.

A secondary goal is to maintain and restore historically and ecologically significant plant communities and enhance diversity.

c.

Successional climax forest and pre-settlement disturbed oak savanna shall be the preferred forest ecotype examples of significant plant communities.

d.

Vegetative screening of structures will take priority over restoration and maintenance of significant plant communities.

(2)

Standards. In both management zones, all of the following vegetation management standards shall apply:

a.

Vegetation in ordinary high water mark setback areas, slope preservation zones and 40 feet landward of bluff lines shall be left undisturbed, except as provided elsewhere in this section or in sections 40-628, 40-629 and 40-634.

b.

Vegetation may not be disturbed or removed if it would disrupt the visually inconspicuous character of structures, reduce the quality or diversity of the plant community, or increase the potential for erosion, except as provided elsewhere in this subsection or in sections 40-628, 40-629 and 40-634.

c.

Routine pruning of trees or shrubs to improve their health and vigor, pruning to provide a filtered view of the river, pruning to prevent property damage, or removing trees that pose an imminent safety hazard to persons or structures is allowed.

d.

Lawns within the ordinary high water mark setback areas, slope preservation zones, bluff line setback areas and within conservation management zones may not be expanded. However, mowing of existing lawns may be continued.

e.

These standards do not prohibit the growth and harvest of non-wood fiber crops, the removal of vegetation in order to allow permitted uses or structures or conditional uses, the pruning or removal of vegetation to prevent insect infestation or disease that threaten large areas of vegetative cover and. the removal of state-designated noxious weeds. Noxious weeds include those species designated by Wis. States § 66.96(2), which include Canada thistle, leafy spurge and field bindwood, and any other such weeds as the city or the county board by ordinance or resolution declares to be noxious within its respective boundaries.

f.

If there are fewer than 25 trees over five inches in diameter (DBH) on the lot between the building line and the river, the existing number of trees over five inches in diameter shall be maintained, and any trees that are removed as allowed in this part shall be replaced by trees that are at least one inch in circumference at the base.

(3)

Penalties. In addition to any other penalties assessed by city authorities, the penalty for removing vegetation in violation of this chapter shall include replacement of vegetation with native vegetation at the property owner's expense.

(g)

Private on-site wastewater treatment systems. Private on-site wastewater treatment systems shall be constructed in accordance with the requirements of Wis. Admin. Code ch. SPS 383.

(h)

Historic preservation. New or reconstructed development in both management zones shall comply with the city historic preservation ordinances and historic theme architectural standards to protect the historic character of the city. The city historic preservation commission or landmarks commission shall review proposals affected by the historic preservation ordinance. The ordinance shall define historic properties in the community and provide for review of proposals to alter, relocate, demolish or reconstruct historic properties as well as providing for review of any new development that may impact historic properties or impact the community's historic character.

(i)

Filling and grading. Filling and grading may be permitted outside slope preservation zones if all of the following requirements are met:

(1)

Filling and grading activities are set back at least 40 feet from slope preservation zones.

(2)

Filling and grading activities do not disturb more than 10,000 square feet of land.

(3)

No wetlands are filled or drained.

(4)

Any vegetation that is removed is replaced with native vegetation.

(5)

Filling and grading activities are designed and implemented in a manner to minimize erosion, sedimentation, and impairment of fish and wildlife habitat.

(6)

As part of an erosion control plan, state construction site best management practices are implemented. Approved best management practices for construction site erosion control can be found in the state's construction site best management practices handbook (WDNR Pub. WR-222 November 1993 Revision).

(Code 2006, § 17.171(6); Ord. No. 2-12, § I, 3-12-2012; Ord. No. 7-12, § I, 10-29-2012)

The conditional uses and structures listed in section 40-623(b) may be permitted if the requirements in section 40-624 and the standards of sections 40-626 to 40-637 are met.

(Code 2006, § 17.171(7)(intro. ¶); Ord. No. 2-12, § I, 3-12-2012; Ord. No. 7-12, § I, 10-29-2012)

A conditional use permit may be granted to divide property into lots if all of the following conditions are met:

(1)

All lots proposed to be built on shall meet the minimum lot size requirements in section 40-624(a)(1) and (2) and shall be suitable for residential development in their existing condition without the need for a variance.

(2)

All lots are suitable for their proposed use and will not be subject to the potential for flooding, inadequate drainage, severe erosion, inadequate water supply or inadequate sewage disposal capabilities.

(3)

Use of the lots will not be limited by unfavorable soil and rock formations, unfavorable topography, or any other feature which is likely to result in harm to the health, safety or welfare of future residents of the lots or of the local community.

(4)

The city shall consult with the state historical society concerning potential impacts to archeological sites. If the property is found to contain an archeological site, the local unit of government and the applicant shall develop and implement a plan to avoid or mitigate impacts to the archeological site with the assistance from the state historical society.

(Code 2006, § 17.171(7)(a); Ord. No. 2-12, § I, 3-12-2012; Ord. No. 7-12, § I, 10-29-2012)

A conditional use permit may be issued for a planned cluster development for single-family residences if all of the following criteria are met:

(1)

The proposed clustering provides a better means of preserving scenic views, open space and shoreline than a traditional single-family residential subdivision.

(2)

The proposed structures comply with the minimum ordinary high water mark and bluff line setbacks and height standards in section 40-624(a)(4) and (5).

(3)

Exceptions to the standards in section 40-624(a)(1) and (2) may be allowed for planned cluster developments, provided that the total number of single-family residences may not exceed 50 percent more than the total number of single-family residences allowed if the development complied with all standards in section 40-624(a)(1) and (2).

(4)

On any lots that abut the river, all of the standards in section 40-624 of this chapter shall be met.

(5)

If lands are divided, the land division meets the requirements of subsection (a) of this section.

(Code 2006, § 17.171(7)(b); Ord. No. 2-12, § I, 3-12-2012; Ord. No. 7-12, § I, 10-29-2012)

A conditional use permit may be issued for the construction, updating, maintenance or reconstruction of transmission services if all of the following conditions are met:

(1)

All new, updated or reconstructed transmission services shall be placed underground, if underground placement is determined to be technically feasible by the city. If an applicant seeks to establish that underground placement is technically infeasible, the application shall explain what factors make it infeasible.

(2)

If underground placement is determined to be technically infeasible, overhead or aboveground transmission services may be permitted, but shall be designed to minimize the adverse visual impact on the scenic character of the Riverway.

(3)

New, updated or reconstructed transmission services shall be constructed and maintained using minimally invasive techniques for construction and maintenance, including erosion control. Existing transmission facilities shall be maintained using minimally invasive techniques for maintenance, including erosion control.

(4)

Cutting or clearing of vegetation for transmission service maintenance may be conducted; however, an under-story layer of vegetation shall be maintained to prevent erosion and allow succession. Vegetation management shall protect the quality and diversity of the plant community and prevent erosion. Herbicide use shall be limited to direct topical application to cut stems to prevent re-growth. The pruning of normal tree growth for safety reasons or to prevent interference with the transmission service and removal of noxious weeds is allowed.

(Code 2006, § 17.171(7)(c); Ord. No. 2-12, § I, 3-12-2012; Ord. No. 7-12, § I, 10-29-2012)

A conditional use permit may be issued for the installation, reconstruction, modification and replacement of wireless communication service facilities if all of the following criteria are met:

(1)

Construction and maintenance shall be conducted using techniques which minimize the cutting or pruning of vegetation in order to preserve mature vegetation and provide screening of the facilities. Erosion control measures shall be used.

(2)

Wireless communication service facilities shall use building materials, colors, textures, screening and landscaping that blend the facilities in with surrounding natural features or nearby structures and shall be visually inconspicuous.

(3)

Wireless communication service facilities shall be of camouflage or stealth design, unless placed on existing structures.

(4)

The facilities shall be of a height designed to blend in with the historic character of the community.

(5)

New or reconstructed wireless communication service facilities may not be placed in slope preservation zones, floodplains or wetlands.

(Code 2006, § 17.171(7)(d); Ord. No. 2-12, § I, 3-12-2012; Ord. No. 7-12, § I, 10-29-2012)

(a)

A conditional use permit may be issued for filling and grading activities in the following areas if the conditions in subsection (b) of this section are satisfied:

(1)

In slope preservation zones that do not directly face the river and do not drain directly to the river.

(2)

Outside of slope preservation zones when more than 10,000 square feet of land is proposed to be disturbed by filling or grading activity.

(3)

Within 40 feet of a slope preservation zone.

(b)

A conditional use permit may be issued for filling and grading in the areas described in subsection (a) of this section, if all of the following conditions are met:

(1)

Filling and grading activities do not disturb more than 10,000 square feet of land within a slope preservation zone.

(2)

No wetlands are tilled or graded.

(3)

Any vegetation that is removed is replaced with native vegetation.

(4)

Filling and grading activities are designed and implemented in a manner to minimize erosion, sedimentation, and impairment of fish and wildlife habitat.

(5)

As part of an erosion control plan, state construction site best management practices are implemented. Approved best management practices for construction site erosion control can be found in the state's construction site best management practices handbook (WDNR Pub. WR-222 November 1993 Revision).

(Code 2006, § 17.171(7)(e); Ord. No. 2-12, § I, 3-12-2012; Ord. No. 7-12, § I, 10-29-2012)

A conditional use permit may be issued for the construction, updating, maintenance or reconstruction of structural erosion control measures in slope preservation zones if all of the following conditions are met:

(1)

The city determines that structural erosion control measures are necessary to address significant ongoing erosion that nonstructural erosion control measures cannot control.

(2)

The structural erosion control measure is constructed of natural materials and is made as visually inconspicuous as possible.

(3)

The person seeking to construct the structural erosion control measure submits a detailed construction plan, an erosion control plan and a vegetative management plan, showing how the structural erosion control measure will be constructed, what land disturbing activities will take place, what, if any, vegetation will be removed, and how new native, vegetation will be re-established. Construction may not proceed until the local zoning authority has approved the plans.

(Code 2006, § 17.171(7)(f); Ord. No. 2-12, § I, 3-12-2012; Ord. No. 7-12, § I, 10-29-2012)

A conditional use permit may be issued for a stairway if all of the following conditions are met:

(1)

The stairway is required to provide pedestrian access to the river because of steep, rocky, unstable or wet site conditions.

(2)

The tread width of the stairway may not exceed 48 inches.

(3)

Landings are located at a vertical interval of not less than 20 feet and may not exceed 40 square feet in area.

(4)

Handrails may be permitted in conjunction with stairways.

(5)

Canopies and roofs are not allowed on stairways.

(6)

Stairways, handrails and landings shall be anchored and supported above grade with pilings or footings.

(7)

Stairways shall be constructed of unfinished wood or stone, or shall be painted or stained with earth-tone materials.

(8)

Stairways shall be visually inconspicuous and shall be located in the most visually inconspicuous portion of the lot.

(9)

Native vegetation plantings shall be used to form a vegetative canopy to screen the stairway from the river.

(10)

Existing vegetation may be removed within one foot of either side of the stairway route and up to eight feet above the stairway floor.

(11)

Only one stairway may be permitted on a lot that abuts the Lower St. Croix River.

(Code 2006, § 17.171(7)(g); Ord. No. 2-12, § I, 3-12-2012; Ord. No. 7-12, § I, 10-29-2012)

A conditional use permit may be issued for a lift if all of the following requirements are met:

(1)

The lift is required to provide pedestrian access to the river because of steep, rocky, unstable or wet site conditions.

(2)

The car of the lift may not exceed four feet by six feet.

(3)

Canopies and roofs are not allowed.

(4)

All visible parts of the lift shall be painted or finished in earth-tone, non-reflective materials and shall be visually inconspicuous.

(5)

Lifts and their transporting device or power source shall be visually inconspicuous and shall be located in the most visually inconspicuous portion of the lot.

(6)

Native vegetation plantings shall be used to form a vegetative canopy to screen the lift from the river.

(7)

Existing vegetation may be removed within one foot on either side of the lift route and up to eight feet above the lift floor.

(8)

Only one lift may be permitted on a lot that abuts the St. Croix River.

(Code 2006, § 17.171(7)(h); Ord. No. 2-12, § I, 3-12-2012; Ord. No. 7-12, § I, 10-29-2012)

A conditional use permit may be issued for the construction, reconstruction or right-of-way maintenance for public roads and private roads serving two or more properties or single-family residences if all of the following conditions are met:

(1)

No new road may be constructed in slope preservation zones, in an area 40 feet landward of bluff lines, within 200 feet of the river, within 100 feet of tributary watercourses or in wetlands.

(2)

Route design and construction or reconstruction shall minimize visual impacts by using terrain features to blend the road into the landscape, avoiding cuts and fills as much as feasible.

(3)

New roads shall be visually inconspicuous. Reconstruction of existing roads shall be performed in a manner that does not increase visibility of the road from the river.

(4)

Cutting or clearing vegetation for road right-of-way maintenance shall be conducted in accordance with the following requirements:

a.

Vegetation shall be managed to allow an under-story layer to remain in place to prevent erosion and allow succession. Vegetation may not be disturbed in such a way that there would be reduced quality or diversity of the plant community or increased potential for erosion.

b.

Herbicide use shall be limited to direct topical application to cut stems to prevent re-growth. The pruning of normal tree growth for safety reasons or to prevent interference with infrastructure and the removal of noxious weeds is permitted.

c.

Mowing of a safety zone from the edge of the pavement back 15 feet or to the ditch bottom, whichever is less, and clearing intersection vision triangles is allowed. Other parts of the right-of-way may be mowed to control noxious weeds and undesirable brush only after July 15 of each year to avoid impacts to ground-nesting birds.

d.

Cutting of trees more than four inches in diameter breast height is prohibited, except that trees that pose a hazard to public health or safety may be removed.

(Code 2006, § 17.171(7)(i); Ord. No. 2-12, § I, 3-12-2012; Ord. No. 7-12, § I, 10-29-2012)

A conditional use permit may be issued for a bed and breakfast operation if all of the following requirements are met:

(1)

The bed and breakfast operation provides four or fewer rooms for rent to transient visitors.

(2)

The bed and breakfast operation has sufficient parking spaces on their lot or on public roads for the guests.

(Code 2006, § 17.171(7)(j); Ord. No. 2-12, § I, 3-12-2012; Ord. No. 7-12, § I, 10-29-2012)

A conditional use permit may be issued for the use of a home occupation if all of the following requirements are met:

(1)

The owner or person who rents the residence on a full-time basis conducts the home occupation.

(2)

The home occupation is conducted inside of the residence and is subordinate to the use of the home as a principal residence.

(3)

The home occupation will not cause environmental pollution.

(4)

If the home occupation causes additional persons to visit the residence, sufficient parking is provided on the lot or on public streets.

(Code 2006, § 17.171(7)(k); Ord. No. 2-12, § I, 3-12-2012; Ord. No. 7-12, § I, 10-29-2012)

A conditional use permit may be issued for a nature-oriented educational, nonprofit facility if all of the following requirements are met:

(1)

The facility will not cause environmental pollution or erosion.

(2)

The facility has sufficient parking on its property or on public streets for patrons to park.

(Code 2006, § 17.171(7)(l); Ord. No. 2-12, § I, 3-12-2012; Ord. No. 7-12, § I, 10-29-2012)

A nonconforming use may not be expanded or enlarged. An increase in the volume, intensity or frequency of use is allowed if the area used for the nonconforming use is not enlarged. A change from one nonconforming use to another nonconforming use is not allowed. If a nonconforming use is discontinued for a period of 12 months, any future use of the building and premises shall conform to all of the requirements of the city.

(Code 2006, § 17.171(8)(a); Ord. No. 2-12, § I, 3-12-2012; Ord. No. 7-12, § I, 10-29-2012)

In both management zones, ordinary maintenance and repair of nonconforming principal structures is allowed. However, structural alteration, reconstruction and expansion of nonconforming principal structures and replacement, improvement or structural alteration of the foundation may only be allowed if all of the following requirements are met, where applicable:

(1)

Reconstruction of nonconforming principal structures. Nonconforming principal structures located within the ordinary high water mark setback area, bluff line setback area or slope preservation zone may be structurally altered or reconstructed and foundations may be replaced, improved or structurally altered if all of the following requirements are met:

a.

The lot has an area of at least 7,000 square feet.

b.

The altered or reconstructed structure shall be visually inconspicuous or shall be rendered so through mitigation in accordance with section 40-642.

c.

The structure is altered or reconstructed in the same footprint as the pre-existing structure.

d.

The height of the altered or reconstructed structure complies with section 40-624(a)(3). The reconstructed structure may not be any taller than the pre-existing nonconforming structure, except that a flat roof may be replaced with a pitched roof.

e.

The color of the structure complies with section 40-624(b).

f.

The property owner submits a mitigation plan that complies with the requirements of section 40-672. If a permit is issued for the reconstruction, the mitigation plan shall be approved, or modified and approved, by the city. The mitigation plan shall be incorporated into the permit and the property owner shall be required to implement the mitigation plan as a permit condition.

g.

Private on-site wastewater treatment systems are brought into compliance with the requirements of Wis. Admin. Code ch. SPS 383.

h.

The foundation of the structure may not be replaced, improved or structurally altered. Notwithstanding the definition of "reconstruction" in section 40-621 and the preceding sentence, the foundation of the structure may be replaced, improved or structurally altered in conjunction with the reconstruction of the structure if the entire structure is more than 50 feet from the ordinary high water mark and is not located in a slope preservation zone.

i.

An erosion control plan and re-vegetation plan shall be submitted to the local zoning authority for approval, or modification and approval, prior to the issuance of a permit for the structural alteration or reconstruction.

j.

There will be no filling and grading activities conducted during the alteration or reconstruction, except for the minimum necessary to accomplish the alteration or reconstruction in compliance with other provisions of this chapter, and as needed to upgrade a private on-site wastewater treatment system, to replace sewer or water laterals, or to install stormwater or erosion control measures.

k.

If the nonconforming principal residence is located in a slope preservation zone, it may be reconstructed only if state construction site best management practices applicable to steeper sloped areas are implemented to control erosion. Approved best management practices for construction site erosion control can be found in the state's construction site best management practices handbook (WDNR Pub. WR-222 November 1993 Revision).

(2)

Expansion of nonconforming principal structures. Nonconforming principal structures located in the ordinary high water mark setback area or bluff line setback area may be expanded and the pre-existing foundation may be replaced, repaired or structurally altered in conjunction with the expansion if all of the applicable following requirements are met:

a.

Structures located wholly or partially within 50 feet of the ordinary high water mark may not be expanded.

b.

Structures located wholly or partially within slope preservation zones may not be expanded.

c.

Structures entirely set back more than 50 feet from the ordinary high water mark but located wholly or partially less than 75 feet from the ordinary high water mark may be expanded only if there is no compliant building location available on the lot.

d.

Structures entirely set back more than 75 feet from the ordinary high water mark may be expanded regardless of whether a compliant building location exists elsewhere on the lot.

e.

The lot has an area of at least 7,000 square feet.

f.

The expanded structure shall be visually inconspicuous or shall be rendered so through mitigation.

g.

Any reconstructed portion of the nonconforming structure may only be reconstructed in the same footprint as the pre-existing structure. Notwithstanding the definition of "reconstruction" in section 40-621, the pre-existing foundation of a structure that is more than 50 feet from the ordinary high water mark and is not within a slope preservation zone may be replaced, repaired or structurally altered in conjunction with the expansion of the structure.

h.

For structures located wholly or partially within the ordinary high water mark setback area, the total footprint of the structure may not exceed 1,500 square feet.

i.

For structures located wholly or partially within the bluff line setback, but not within the ordinary high water mark setback area, the total footprint of the structure may not exceed 2,000 square feet and the structure shall comply with all of the following requirements:

1.

The structure does not protrude above the bluff line as viewed from at or near the mid-line of the river or from 250 feet riverward from the shoreline, whichever is less.

2.

The structure is not located within a slope preservation zone.

3.

The structure uses earth-tone building materials that are of a non-reflective nature, except that windows may be mode of ordinary window glass or non-reflective glass, but may not be made of glass designed to reflect more light than ordinary window glass.

4.

The structure is visually inconspicuous.

j.

Expansion is on the side of the structure farthest from the river or, if landward expansion is not possible, the expansion is parallel to the ordinary high water mark or bluff line.

k.

The height of the structure complies with section 40-624(a)(3).

l.

The color of the structure complies with section 40-624(b).

m.

The property owner submits a mitigation plan that complies with the requirements of section 40-642. If a permit is issued after a mitigation plan is approved, or modified and approved, by the local zoning authority, the mitigation plan shall be incorporated into the permit and the property owner shall be required to implement the mitigation plan as a permit condition.

n.

Private on-site wastewater treatment systems are brought into compliance with the requirements of Wis. Admin. Code ch. SPS 383.

o.

An erosion control plan and re-vegetation plan shall be submitted to the city for approval, or modification and approval, prior to the issuance of a permit for the expansion.

p.

There shall be no filling or grading conducted as part of the reconstruction or expansion except as necessary to reconstruct or build the expansion in compliance with other provisions of this chapter, upgrade a private on-site wastewater treatment system, replace sewer or water laterals, or install stormwater or erosion control measures.

(Code 2006, § 17.171(8)(b); Ord. No. 2-12, § I, 3-12-2012; Ord. No. 7-12, § I, 10-29-2012)

In both management zones, ordinary maintenance and repair of nonconforming accessory structures is allowed. Nonconforming accessory structures may not be structurally altered, reconstructed or expanded, except that garages and storage sheds may be structurally altered, reconstructed or expanded if all of the following requirements are met where applicable:

(1)

The entire garage or storage shed is not located in a slope preservation zone.

(2)

The entire garage or storage shed is set back more than 75 feet from the ordinary high water mark.

(3)

The garage or storage shed is not used for human habitation.

(4)

The total footprint of all nonconforming accessory structures, other than existing driveways, within 75 feet of the ordinary high water mark, within a slope preservation zone or within the bluff line setback area may not exceed 500 square feet.

(5)

The garage or storage shed is built with earth-tone building materials that are non-reflective, except that windows may be made of ordinary window glass or non-reflective glass, but may not be made of glass designed to reflect more light than ordinary window glass.

(6)

Mitigation measures are implemented and maintained that comply with the requirements of section 40-642.

(7)

The structure is visually inconspicuous or will be rendered so through a mitigation plan that complies with section 40-642.

(Code 2006, § 17.171(8)(c); Ord. No. 2-12, § I, 3-12-2012; Ord. No. 7-12, § I, 10-29-2012)

(a)

Lots of record in the register of deeds office on January 1, 1976, or on the date of the adoption of an amendment to a riverway ordinance that makes a lot substandard, which do not meet the requirements of this chapter, may be allowed as building sites provided that the following criteria are met:

(1)

The lot is in separate ownership from abutting lands; or

(2)

The lot by itself or in combination with an adjacent lot under common ownership in an existing subdivision has at least one acre of net project area. Adjacent substandard lots in common ownership may only be sold or developed as separate lots if each of the lots has at least one acre of net project area.

(b)

All structures that are proposed to be constructed or placed on the lot and the proposed use of the lot comply with the requirements of this chapter and any underlying zoning or sanitary code requirements.

(Code 2006, § 17.171(8)(d); Ord. No. 2-12, § I, 3-12-2012; Ord. No. 7-12, § I, 10-29-2012)

Expansion or reconstruction of nonconforming principal structures, and the expansion, reconstruction or structural alteration of nonconforming accessory structures shall trigger mitigation requirements to offset the impacts of the proposed project. Mitigation measures shall be roughly proportional to the magnitude of the impacts of the proposed project on scenic resources, water quality, erosion potential and the protection of the shoreland area. Mitigation shall include, but may not be limited to, the following:

(1)

Planting trees capable of screening the entire structure, if existing vegetation is not sufficient to render the structure visually inconspicuous. The trees shall be native to the area, at least two inches diameter breast height and planted no more than 12 feet apart.

(2)

The vegetation in the area within 50 feet of the ordinary high water mark shall be preserved or restored through planting of native vegetation. Vegetation shall be established or maintained at densities that are adequate to protect water quality, habitat and natural scenic beauty of the shoreland area. If a nonconforming structure is located in this area, the vegetation shall be planted surrounding the structure, although the owner may create a screened view of the river from the structure and may leave a 15-foot wide mowed area around the structure to protect it from wildfire.

(3)

Best management practices shall be followed to encourage stormwater infiltration and to limit erosion and runoff. Approved best management practices for construction site erosion control can be found in the state's construction site best management practices handbook (WDNR Pub. WR-222 November 1993 Revision).

(4)

An affidavit describing the approved mitigation plan shall be executed and recorded with the county register of deeds by the property owner within 14 days after approval of the mitigation plan. The affidavit shall alert subsequent purchasers of the land of the requirements of the mitigation plan.

(Code 2006, § 17.171(8)(e); Ord. No. 2-12, § I, 3-12-2012; Ord. No. 7-12, § I, 10-29-2012)

Upon adoption of this ordinance from which this chapter is derived, or ordinance amendment containing these provisions the city shall submit two copies of the ordinance or amendment to the department. The department shall review the ordinance or amendment and determine whether it satisfies the requirements of this chapter. The department shall notify the city of its determination.

(Code 2006, § 17.171(9)(a); Ord. No. 2-12, § I, 3-12-2012; Ord. No. 7-12, § I, 10-29-2012)

(a)

No person may construct, reconstruct, expand or structurally alter a building or structure or undertake other land development regulated under this chapter unless allowed under this chapter and unless he has obtained from the city any permit, variance or other authorization required under this chapter. Activities authorized by a permit issued under this chapter shall commence within one year from the date of approval and be completed within two years, after which time the permit expires.

(b)

A filing fee of $200.00 shall accompany each application and no application shall be properly filed unless the fee is paid.

(c)

Applications will be submitted to the city clerk at City Hall, 710 Highway 35, St. Croix Falls, Wisconsin 54024.

(Code 2006, § 17.171(9)(b); Ord. No. 2-12, § I, 3-12-2012; Ord. No. 7-12, § I, 10-29-2012)

(a)

Public hearing required. A public hearing shall be held before any conditional use permit, any variance, or any zoning map or text amendment is approved or denied by the city. In addition to any other notice requirements, notice of all public hearings and a copy of all application materials submitted under subsection (b) of this section shall be provided to the department and the city clerk at least 30 days before the public hearing.

(b)

Conditional use and variance application requirements.

(1)

Applicants for conditional use and variance applications shall supply pertinent information adequate for the city to make a decision based on the type of project to be undertaken. The applicant shall submit to the city sufficient copies of the following information for all applications:

a.

Name and address of the applicant, owner of the site, architect, professional engineer, contractor as applicable, and all opposite and abutting property owners of record.

b.

A scale drawing or survey showing the property location, boundaries, dimensions, elevations, bluff lines, slope preservation zones, utility and roadway corridors, ordinary high water mark, ordinary high water mark setback, floodway and flood fringe boundaries, and adjoining land and water-oriented uses.

c.

A recent aerial photo with property lines drawn in, showing the location of existing and proposed structures, including height and setback dimensions.

d.

The location of existing and proposed alterations of vegetation and topography, including any vegetation removal and replacement that is proposed.

e.

A mitigation plan, if required.

f.

Photos of the site taken from the river slightly upstream and downstream of the property, and directly offshore.

g.

An erosion control plan.

h.

A vegetative management plan, showing where vegetation is proposed to be removed and replaced.

i.

Other information that the city or the department requests. If the city or the department requests additional information, it shall be submitted by the applicant to city and the department prior to any hearing on the application.

(2)

Applications for land divisions, planned cluster developments, bed and breakfast operations, home occupations, nature oriented educational, nonprofit facilities and variances shall also include:

a.

The location of any proposed private on-site wastewater treatment system.

b.

Water supply information, including the location of any proposed wells.

(3)

Applications for filling and grading, structural erosion control structures, and road construction shall also include a plan showing the proposed construction, reconstruction, location and design of the filling grading, structural erosion control measure or road construction.

(4)

Applications for transmission services and wireless communication service facilities shall also include:

a.

For transmission services, a plan showing the location of proposed facilities, and if not placed underground, a documentation of why this is technically infeasible, and a plan outlining design and construction methods to minimize adverse visual impacts to the riverway.

b.

For wireless communication service facilities, a plan showing the location of proposed facilities and an illustration of the methods to be used to meet design requirements for the appropriate, stealth, camouflage, and height requirements.

(5)

Applications for stairways and lifts shall also include a plan showing the stairway or lift location, design, dimensions, color, construction materials, erosion control measures and vegetative removal and replacement. The plan shall contain a certification by a registered professional engineer or architect that the stairway or lift components are securely anchored to prevent them from shifting and from causing erosion. The plan shall be approved, or modified and approved by the local unit of government and incorporated into the conditional use permit.

(c)

Map and text amendment procedures.

(1)

A public hearing shall be held before any zoning map or text amendment is approved or denied by the city. In addition to any other notice requirements, notice of all public hearings and a copy of all application materials submitted shall be provided to the department and the city at least 30 days prior to the public hearing. Applications for map and text amendments shall include:

a.

A scale drawing or survey showing the property location, boundaries, dimensions, elevations, bluff lines, slope preservation zones, utility and roadway corridors, ordinary high water mark, floodway, flood fringe, and adjoining land and water-oriented uses.

b.

Photos of the site taken from the river slightly upstream and downstream of the property, and directly offshore.

c.

Other information that the city or the department requests. If the city or the department requests additional information, it shall be submitted by the applicant to the city and the department prior to any hearing on the application.

(2)

The procedures and application requirements in this subsection do not apply to proposals to change the management zone boundaries established in Wis. Admin. Code NR 118.04. The management zone boundaries in Wis. Admin. Code NR 118.04 may only be changed by revision of Wis. Admin. Code NR 118.04.

(d)

Public hearing and decision record. The public hearing record shall contain the comments of the department, if any were submitted, and the comments of any other interested parties. The council's record of decision shall address the following: preservation of the scenic and recreational resources of the riverway, especially in regard to the view from and use of the river; the maintenance of safe and healthful conditions; the prevention of and control of water pollution, including sedimentation; the location of the site with respect to floodways, floodplains, slope preservation zones and bluff lines; the erosion potential of the site based on degree and direction of slope, soil type and vegetative cover; potential impact on terrestrial and aquatic habitat; location of the site with respect to existing or future access roads; adequacy of proposed wastewater treatment; and compatibility with adjacent land uses. Any plan submitted with an application shall be approved, or modified and approved, and included as part of the permit application. The city shall send a copy of each decision, including a summary of the hearing to the department, within five working days after the date of the hearing.

(Code 2006, § 17.171(9)(c); Ord. No. 2-12, § I, 3-12-2012; Ord. No. 7-12, § I, 10-29-2012)

Ramps, walkways or decks to provide a disabled person with reasonable access to their property as required by the Federal Americans with Disabilities Act, the Federal Fair Housing Act and the Wisconsin Fair Housing Act are allowed by land use permit, subject to the following standards and conditions:

(1)

Only the minimum relaxation of the dimensional, density or other standards needed to provide reasonable access may be approved. Routine maintenance is allowed.

(2)

No use, structure or other relaxation of standards may be approved that would violate or undermine the stated purposes of this chapter.

(3)

The land use permit will expire and the structure removed once the property is no longer primarily owned by a disabled person. Subsequent landowners no longer needing disabled access shall not replace or expand the facilities.

(4)

The applicant may be required to provide a written statement or proof of disability.

(5)

An affidavit describing the approved land use permit shall be executed and recorded with the county register of deeds by the property owner within 14 days after approval of the permit.

(6)

The affidavit shall state that the ramp, walkway or deck must be removed as required above, and shall alert any subsequent purchaser of the land of the requirements of the land use permit.

(Code 2006, § 17.171(9)(d); Ord. No. 2-12, § I, 3-12-2012; Ord. No. 7-12, § I, 10-29-2012)

(a)

Appeals to the board of zoning appeals may be taken by any person aggrieved or by any officer, department, board or bureau of the city affected by the decision. Such appeal shall be taken within 30 days from either the date of the actual notice of decision or from the date of the mailing of a copy of the decision, whichever is earlier, by filing with the officer from whom the appeal is taken and with the board a notice of appeal specifying the grounds thereof. Filing with the board shall be accomplished by filing with the city clerk.

(b)

The board shall fix a reasonable time for the hearing of the appeal and shall give notice thereof by publication once in the city's official newspaper, said publication to be not less than five days before said hearing nor more than 15 days before said hearing and shall give notice to the parties in interest and shall decide the same within a reasonable time.

(c)

A filing fee of $200.00 shall accompany each appeal and no appeal shall be properly filed unless the fee is paid.

(Code 2006, § 17.171(9)(e); Ord. No. 2-12, § I, 3-12-2012; Ord. No. 7-12, § I, 10-29-2012)

(a)

All applications for conditional use permits, zoning map or text amendments and variances shall be reviewed by the department and the department's comments shall be submitted to the city for inclusion in the hearing record.

(b)

Where additional information is introduced at the hearing by the applicant or where the applicant may wish to review the department's or town's opposition, the hearing record may he held open for review of the information. If, at the end of 30 days after the date of the hearing, the city has not scheduled a second hearing on the application at the request of the applicant, the department or the city, the hearing record shall be closed. A conditional use permit may not be granted if the town board objects to the issuance.

(c)

The department shall assist local zoning authorities in implementing and enforcing ordinances adopted pursuant to this chapter.

(Code 2006, § 17.171(9)(f); Ord. No. 2-12, § I, 3-12-2012; Ord. No. 7-12, § I, 10-29-2012)

Any person who violates, disobeys, neglects, omits of 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 $50.00 nor more than $500.00, together with the costs of any 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 the judgment is paid. Each day that a violation continues is considered a separate offense. Compliance with the ordinance shall be enforceable by the use of injunctions to prevent or abate a violation.

(Code 2006, § 17.171(9)(f); Ord. No. 2-12, § I, 3-12-2012; Ord. No. 7-12, § I, 10-29-2012)

This chapter permits uses in specific districts and these performance standards are designed to limit, restrict and prohibit the effects of those uses outside their premises or district. No structure, land or water shall hereafter be used except in compliance with the district regulations and with the performance standards contained in this division.

(Code 2006, § 17.21(intro. ¶))

No activity shall emit any fly ash, dust, fumes, vapors, mists or gases in such quantities as to cause soiling or danger to the health of persons, animals, vegetation or property. No activity shall emit any liquid or solid particles in concentrations exceeding 0.3 grains per cubic foot of the conveying gas, nor any color visible smoke equal to or darker than No. 2 on the Ringlemann Chart described in the United States Bureau of Mines' Information Circular 7718 in the industrial districts.

(Code 2006, § 17.21(1))

All activities involving the manufacturing, utilization, processing or storage of inflammable and explosive materials shall be provided with adequate safety devices against the hazard of fire and explosion, and with adequate firefighting and fire-suppression equipment and devices that are standard in the industry. All materials that range from active to intense burning shall be manufactured, utilized, processed and stored only in completely enclosed buildings which have incombustible exterior walls and an automatic fire extinguishing system.

(Code 2006, § 17.21(2))

No unsanctioned activity shall emit glare or heat that is visible or measurable outside its premises, except activities in the industrial districts which may emit direct or sky-reflected glare which shall not be visible outside its district. All operations producing intense glare or heat shall be conducted within a completely enclosed building. Exposed sources of light shall be shielded so as not to be visible outside its premises.

(Code 2006, § 17.21(3))

No sound which exceeds 70 decibels more than 200 feet from its source, regardless of source or means of sound creation or propagation, between the hours of 11:00 p.m. and 7:00 a.m. shall be permitted unless differently regulated elsewhere in this Code. Any such noise shall be a violation of this chapter and chapter 14. Enforcement and penalty shall be as provided in this chapter and chapter 14. Sirens, whistles and bells which are maintained and utilized solely to serve a public purpose are exempt from the sound level standards of this division.

(Code 2006, § 17.21(4))

There shall be no noise or vibration over 70 decibels emanating from any unsanctioned activities beyond the boundaries of the immediate site determined to be a nuisance by the building inspector. Sirens, whistles and bells which are maintained and utilized solely to serve a public purpose are exempt from the sound level standards of this division.

(Code 2006, § 17.21(5))

No activity shall emit any odorous matter of such nature or quantity as to be offensive, obnoxious or unhealthful outside their premises.

(Code 2006, § 17.21(6))

No activity shall emit radioactivity or electrical disturbances outside its premises that are dangerous or adversely affect the use of neighboring premises.

(Code 2006, § 17.21(7))

No activity shall discharge at any point onto any land or into any water or public sewer any stormwater runoff.

(Code 2006, § 17.21(8))