Town of Hudson, WI Chapter 14 Building Construction

[HISTORY: Adopted by the Town Board of the Town of Hudson 10-1-1990, as amended through 10-30-2000. Subsequent amendments noted where applicable.]

§ 14-1 Adoption of Wisconsin Uniform Dwelling Code.

[Amended 12-7-2021 by Ord. No. 2021-3]

Chapters SPS 320 through 325, the Uniform Dwelling Code, Wisconsin Administrative Code, and all amendments thereto, are adopted and incorporated in this code by reference. A copy of the code is on file with the Building Department and with the Town Building Inspector/Zoning Administrator.

§ 14-2 Adoption of Wisconsin Commercial Building Code, Plumbing, Electrical and Flammable Materials.

[Amended 4-2-2001 by Ord. No. 04-02-01; 12-7-2021 by Ord. No. 2021-3]

Chapters SPS 361 through 366 of the Commercial Building Code, Wisconsin Administrative Code, and Chapters SPS 382 through 384 of the Plumbing Code, Wisconsin Administrative Code, and Chapter SPS 316, Electrical Code in its entirety, Wisconsin Administrative Code, and Chapters SPS 314 and ATCP 93, regarding fire protection and flammable materials, of the Wisconsin Administrative Code, and Chapter SPS 308, regarding mines, pits and quarries, of the Wisconsin Administrative Code, and all amendments thereof in effect on the date of the adoption of this chapter, are hereby adopted and made part of this chapter by reference and are applicable to all those classes of buildings to which said codes apply. Copies of said codes are on file in the office of the Town Clerk and the Town Building Inspector/Zoning Administrator. The State Building Inspector has sole responsibility for enforcing the commercial codes designated herein. A designated representative of the appropriate fire department will enforce requirements related to flammable materials.

§ 14-3 Commercial and industrial building permit.

No person shall build or cause to be built any new public building or place of employment or any alteration or addition to an existing public building or place of employment without first obtaining a commercial or industrial building permit from the Building Inspector/Zoning Administrator; this permit being issued after receipt of state approved plans, where required, sanitary permits (if applicable) and determination being made of proper zoning and setbacks as specified in Chapter 105, the Town of Hudson Zoning Ordinance, and all applicable state, county, town or extraterritorial regulations being met.

§ 14-4 Application to existing dwellings.

[Amended 12-7-2021 by Ord. No. 2021-3]

Chapters SPS 320 through 325 are hereby adopted and shall apply to additions or alterations to existing dwellings within the Town of Hudson.

§ 14-5 Building Inspector/Zoning Administrator.

A. The Town Board shall appoint the Town Building Inspector/Zoning Administrator. The Building Inspector/Zoning Administrator must be state certified.

B. The Building Inspector shall also be designated as the Town of Hudson Zoning Administrator and Enforcement Officer of the Zoning Ordinances of the Town of Hudson.

C. The Building Inspector/Zoning Administrator shall have the power and duty to see that the construction, reconstruction, alteration, repairs, removal and safety of buildings and moving regulations regarding buildings in the Town of Hudson conform with the laws of the State of Wisconsin; the orders, rules and regulations laid down by the Department of Safety and Professional Services of the State of Wisconsin: and the ordinances, rules and regulations of the Town of Hudson to make all inspections as required.

[Amended 12-7-2021 by Ord. No. 2021-3]

D. The Town Board may appoint more than one Building Inspector/Zoning Administrator.

§ 14-6 Repeal of conflicting provisions.

Any existing ordinances pertaining to the construction of new dwellings or alterations of existing ones that conflict with the Uniform Dwelling Code are hereby repealed.

§ 14-7 Building permit required.

[Amended 4-2-2001 by Ord. No. 04-02-01; 12-7-2021 by Ord. No. 2021-3]

No person shall build or cause to be built any new one- or two-family dwelling, or any addition or alteration to an existing one- or two-family dwelling, any swimming pool over 5,000 gallons or with electrical connections, accessory or other separate auxiliary building or structure of any type whatsoever without first obtaining a building permit. No person shall build or cause to be built any public buildings or place of employment without first obtaining a commercial or industrial building permit for such building or structure. The Building Inspector/Zoning Administrator shall furnish the building permit application. A copy of such permit shall be filed with the Town Building Inspector/Zoning Administrator.

§ 14-8 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

BUILDING

Includes any structure having a roof supported by columns or walls used or intended to be used for the shelter or enclosure of person, animals, equipment, machinery, materials or any type of vehicles or semi-tractor trailers.

DWELLING

Includes an individual building or sections of a building or other residential structure devoted to the shelter of one family or a detached building containing two separate dwelling (or living) units, designated for occupancy by not more than two families.

STRUCTURE

Includes any mechanical erection or construction, such as a building, towers, masts, poles, booms, signs, decoration, carports, decks and gazebos.

SWIMMING POOL

Includes swimming pools, spas and hot tubs of 5,000 gallons or larger and/or requiring electrical connections.

UDC

Abbreviation for Uniform Dwelling Code.

§ 14-9 Municipal liability.

This chapter shall not be construed as assuming any liability on the part of the town or its officials for damages to anyone injured or for any property damaged or destroyed by any defect in any building or equipment or in any plumbing, electric wiring or equipment or any flammable materials equipment or devices.

§ 14-10 Violations and penalties; fees.

A. Penalties.

(1) Any person, firm or corporation violating any provision of this chapter, per the current Town Citation Ordinance,[1] shall forfeit $25 and the costs of prosecution and, in default of payment of such forfeiture and the cost, shall be imprisoned in the county jail until payments of such forfeiture and costs, but not exceeding 30 days for each violation. In any such action, the fact that any permit was issued shall not constitute a defense, nor shall any error, oversight or dereliction of duty on the part of the town officials constitute a defense. Each day the violation continues after written notice delivered to the occupant, owner (as designated on any permit application submitted to the town) or construction person apparently in charge on the site shall constitute a separate violation. All penalties shall be made payable to the Town of Hudson.

[1] Editor's Note: See Ch. 32, Citations.

(2) Penalties and/or forfeitures in this chapter are also covered in the Citation Ordinance. If there is a conflict between this chapter and the Citation Ordinance, the Citation Ordinance has precedence.

(3) Penalty fee. A penalty fee shall be assessed for any work started without obtaining a building permit. The penalty fee shall be equal to the permit fee up to $500. The Town shall retain all penalty fees. The Town Treasurer shall attribute the same to the general fund.

[Added 4-2-2001 by Ord. No. 04-02-01; amended 12-7-2021 by Ord. No. 2021-3]

B. Fees.[2] The schedule of fees for various permits or procedures as required by the Town of Hudson shall be as follows:

(1) Fees for one- and two-family dwellings shall be based on valuation from the Town's fee schedule as set from time to time by resolution of the Town Board for:

[Amended 12-7-2021 by Ord. No. 2021-3]

(a) Unfinished basement, per square foot: as set from time to time by resolution of the Town Board.

(b) Finished basement per square foot: as set from time to time by resolution of the Town Board.

(c) First floor dwelling, per square foot: as set from time to time by resolution of the Town Board.

(d) Second floor dwelling, per square foot: as set from time to time by resolution of the Town Board.

(e) Garage (attached), per square foot: as set from time to time by resolution of the Town Board.

(2) Valuation. Fees shall be determined as follows:

(a) For first $2,000 on new home construction: as set from time to time by resolution of the Town Board.

(b) For first $2,000 on additions and alterations: as set from time to time by resolution of the Town Board.

(c) For each additional $1,000 or fraction thereof: as set from time to time by resolution of the Town Board.

(d) Current fee for UDC seal: as set by the state.

[Amended 4-2-2001 by Ord. No. 04-02-01]

(3) In-ground pool: as set from time to time by resolution of the Town Board.

(4) Aboveground pool over 5,000 gallons volume: as set from time to time by resolution of the Town Board.

(5) Pole sheds, storage buildings, unattached garages larger than 144 square feet without electricity, plumbing or heating.

(a) Valuation shall be calculated at the rate as set from time to time by resolution of the Town Board, times the total square feet of the structure.

(b) Minimum fee for the first $2,000 of the structure's value as calculated above shall be as set from time to time by resolution of the Town Board.

(c) Additional fee shall be calculated at the rate as set from time to time by resolution of the Town Board for each additional $1,000 of value or fraction thereof as exceeds minimum value of $2,000.

(6) Pole sheds, storage buildings, unattached garages with electricity, plumbing and/or heating.

(a) Valuation shall be calculated at the rate as set from time to time by resolution of the Town Board, times the total square feet of the structure.

(b) Minimum fee for the first $2,000 of the structure's value as calculated above shall be as set from time to time by resolution of the Town Board.

(c) Additional fee shall be calculated at the rate as set from time to time by resolution of the Town Board for each additional $1,000 of value or fraction thereof as exceeds minimum value of $2,000.

(7) Uncovered decks attached or unattached: as set from time to time by resolution of the Town Board.

(8) Covered decks, gazebos, unattached or attached.

(a) Valuation shall be calculated at the rate as set from time to time by resolution of the Town Board times the total square feet of the structure.

(b) Minimum fee for the first $2,000 of the structure's value as calculated above shall as set from time to time by resolution of the Town Board.

(c) Additional fee shall be calculated at the rate as set from time to time by resolution of the Town Board for each additional $1,000 of value or fraction thereof as exceeds minimum value of $2,000.

(9) Electrical work: as set from time to time by resolution of the Town Board, including but not limited to pool under 5,000 gallons volume with pump, receptacle, lights, circuits, new service, central air conditioning, hot tubs, spas, and ponds with electrical pumps, etc.

(10) Gas fireplaces: as set from time to time by resolution of the Town Board; fireplaces may be included with other permits at no additional fee, i.e., new home, addition, alterations, etc.

(11) Permit to start (early start): as set from time to time by resolution of the Town Board.

(12) Reinspections as per § 14-16C: as set from time to time by resolution of the Town Board.

(13) Variance application for state variance: as set from time to time by resolution of the Town Board.

(14) Driveway permit: as set from time to time by resolution of the Town Board.

(15) Culvert: As required.

(16) House number signs: as set from time to time by resolution of the Town Board.

(17) Commercial/industrial permits.

(a) Minimum fee for the first $2,000 of the structure's value shall be as set from time to time by resolution of the Town Board; and

(b) Additional fee shall be calculated at the rate as set from time to time by resolution of the Town Board for each additional $1,000 of value or fraction thereof as exceeds minimum value of $2,000.

(18) Nonbuilding structures (towers, etc.).

(a) Minimum fee for the first $2,000 of the structure's value shall as set from time to time by resolution of the Town Board.

(b) Additional fee shall be calculated at the rate as set from time to time by resolution of the Town Board for each additional $1,000 of value or fraction thereof as exceeds minimum value of $2,000.

(19) Moved buildings: for any building over 200 square feet but under 750 square feet moved into, within or out of the Town of Hudson: as set from time to time by resolution of the Town Board.

(20) Moved buildings: for any building over 750 square feet moved into, within or out of the Town of Hudson: as set from time to time by resolution of the Town Board.

(a) The well and septic must be properly abandoned within 60 days of moving.

(b) A deposit as set from time to time by resolution of the Town Board must be deposited with the Town Building Inspector/Zoning Administrator towards well and septic abandonment within 60 days of moving.

(c) A building permit is required for buildings moved into or within the Town of Hudson.

(21) Sign permit: as set from time to time by resolution of the Town Board. (See § 105-25A.)

[Added 12-7-2021 by Ord. No. 2021-3]

[2] Editor's Note: See Ch. A113, Fees.

C. Minor repairs.

(1) Minor repairs and alterations costing less than $2,000 which do not change occupancy area, structural strength, fire protection, exits, natural light or ventilation: no charge.

(2) Replacement or repair of roofing and siding may be done without a permit.

D. Fee disbursement.

[Amended 12-7-2021 by Ord. No. 2021-3]

(1) Items in § 14-10B(2)(a) and (b), (3) through (13), (18), (19) and (21) shall be 80% to the Town Building Inspector/Zoning Administrator and 20% to the Town. 100% of the items in § 14-10B(14) goes to the Town Building Inspector/Zoning Administrator.

(2) Items in § 14-10B(2)(d), (15) and (16) shall be 100% to the Town.

(3) Items in § 14-10B(17) shall be 70% to the Town Building Inspector/Zoning Administrator and 30% to the Town.

(4) Items in § 14-10B(20) shall be 50% to the Town Building Inspector/Zoning Administrator and 50% to the Town.

§ 14-11 Application and plans.

A. Application for a building permit shall be made in writing upon a form furnished by the Building Inspector/Zoning Administrator. The appropriate building requirements of the town and, where applicable, of the county or the state for the contemplated improvement shall be provided to the permit applicant by the Building Inspector/Zoning Administrator at or before the submission of an application for a building permit.

B. Plans and drawings. The building permit applicant shall submit with the application two complete sets of plans and specifications.

C. County permits. The applicant must obtain any permits required by St. Croix County and include copies of such permits with the building permit application.

D. Driveway permits. The building permit applicant shall submit with the application a driveway permit that shall be applied for and obtained from the Building Inspector/Zoning Administrator prior to making application for a building permit.

E. Optional permit. For one- and two-family dwellings, if existing permit is still valid and no more than 1/2 of the inspections have been made, the Building Inspector/Zoning Administrator may issue an optional permit.

(1) An optional permit may be issued at the discretion of the Building Inspector/Zoning Administrator.

(2) Minimum fee for the first $2,000 of valuation as determined in § 14-10B shall be as set from time to time by resolution of the Town Board.[1]

[1] Editor's Note: See Ch. A113, Fees.

(3) Additional fee shall be calculated at the rate as set from time to time by resolution of the Town Board for each additional $1,000 of value or fraction thereof as exceeds minimum value of $2,000.

F. Approval of plans and issuance of building permit. If the Building Inspector/Zoning Administrator determines that the proposed building, addition or alteration will comply in every respect with all the ordinances of the town and all applicable laws and regulations of the State of Wisconsin and is not in violation of the St. Croix County Subdivision Ordinance nor the extraterritorial zoning requirements of the City of Hudson or Village of North Hudson where applicable, he shall conditionally approve the plans and issue a building permit therefor, which shall be valid for 24 months; such building permit shall also constitute a land use permit under Chapter 105, the Town Zoning Ordinance. After being approved, the plans and specifications shall not be altered in any respect which involves any of the above-mentioned ordinances, laws or regulations, or which involves the safety of the building or occupants. One copy of the approved plans shall be returned to the applicant. The Town Building Inspector/Zoning Administrator shall retain one copy.

G. State Uniform Dwelling Code Seal. For one- or two-family dwellings at such time a building permit is issued, it shall have affixed to it a State of Wisconsin Uniform Dwelling Code Seal purchased by the Town of Hudson.

H. Fees. Fees shall be submitted to the Building Inspector/Zoning Administrator before the building permit is issued. Fees for plan examination, inspection, driveway permit, culvert, house number, variance applications, and issuance of the building permit shall be set forth by the Town Board. All fees shall be paid by check or money order and shall be made payable to the Town of Hudson.

§ 14-12 Waiver of plans.

If the Building Inspector/Zoning Administrator finds that the character of the work is sufficiently described in the application, he may waive the filing of plans for alterations or repairs, provided that the cost of such work does not exceed $2,000.

§ 14-13 Posting of permit.

The building permit and other permits required by the town, county, state or other municipalities shall be posted in a conspicuous place at the building site.

§ 14-14 Disapproval of plans and denial of permit.

If the Building Inspector/Zoning Administrator determines that the building permit application or plans do not conform to the provisions of the applicable codes or ordinances or other requirements, approval shall be denied.

A. Denial of application. A copy of the denied application, accompanied by a written statement specifying the reasons for denial, shall be sent to the applicant and to the owner as specified on the application.

B. Stamping of plans. Plans and specifications, which do not substantially conform to the provisions of the Building Code, shall be stamped "Not Approved." One copy shall be returned to the applicant and one copy retained by the Building Inspector/Zoning Administrator.

C. Appeals. The applicant may appeal a denial of an application to the Board of Adjustment.

D. Time for permit issuance. Action to approve or deny a building permit application shall be completed within 15 business days of receipt of all of the forms, fees, plans and documents required to process the application.

§ 14-15 Revocation.

A. If the Building Inspector/Zoning Administrator finds at any time that the provisions of this chapter are not being complied with and that the holder of the permit refuses to conform after a written warning or instruction has been issued to him, he shall revoke the building, electrical or plumbing permit by written notices posted at the site of the work.

B. When any permit is revoked, no further work shall be done until the permit is reissued, except such work as the Building Inspector/Zoning Administrator may order as a condition precedent to the reissuance of the permit or as he may require for the preservation of human life and safety.

§ 14-16 Inspections.

All inspections, for the purpose of administering and enforcing the UDC and Town Building Code, shall be performed by a certified inspector who shall conduct inspections according to the respective codes being applied and enforced.

A. Notification. Builder shall notify inspector of all inspections required by SPS 320.10, Wis. Adm. Code.

[Amended 12-7-2021 by Ord. No. 2021-3]

B. Witness to inspection. It is recommended that a representative of the developer, contractor, builder or owner be present at each required inspection. It shall be the responsibility of the developer, contractor, builder or owner to coordinate inspection times and dates with the Building Inspector/Zoning Administrator.

C. Reinspections. Any reinspections necessary due to incomplete work or noncomplying conditions shall be an additional fee as set from time to time by resolution of the Town Board per inspection to be paid in full prior to the issuance of the occupancy permit.[1]

[1] Editor's Note: See Ch. A113, Fees.

§ 14-17 Variances.

A. Uniform Dwelling Code variance application.

[Amended 12-7-2021 by Ord. No. 2021-3]

(1) Any variance to the Uniform Dwelling Code must be submitted for approval to the Department of Safety and Professional Services, Industry Services Division on state forms to be provided by the Town Building Inspector/Zoning Administrator.

(2) The Town Building Inspector/Zoning Administrator shall complete all required state forms and forward them to the Department of Safety and Professional Services, Industry Services Division.

B. Town Building Code variance application.

(1) Property owners or their representatives may apply for an individual variance from the Town Building Code on forms provided by the Building Inspector/Zoning Administrator at the Building Inspector/Zoning Administrator's office.

(2) It shall also be required that a clear and concise written statement of the specific provisions of the Town Building Code for which a variance is requested, together with a statement of the procedures and materials to be used if the variance is granted, accompany the application.

(3) The Building Inspector/Zoning Administrator shall forward the application together with his written recommendation to the Town of Hudson Board of Adjustment for its review and decision of the application.

C. Board of Adjustment. The Building Inspector/Zoning Administrator shall forward the application together with his written recommendation and the reasons therefor to the Board of Adjustment. The Board of Adjustment will then hear the variance application and determine whether the variance should be granted.

§ 14-18 Board of Adjustment: procedures and powers.

A. The Board of Adjustment appointed by the Town Board pursuant to Chapter 105, the Town Zoning Ordinance, shall also constitute the Board of Adjustment for all matters arising under this chapter.

(1) The Board of Adjustment shall adopt rules for its internal government and procedure, and shall also observe all requirements of this chapter. Meetings of the Board of Adjustment shall be held at the call of the Chairman and such other times as the Board of Adjustment may determine. The Chairman or, in his/her absence, the Acting Chairman may administer oaths and compel the attendance of witnesses. All meetings shall be open to the public and shall comply with the requirements of the State Open Meeting Law.

(2) The Board of Adjustment shall keep minutes of its proceedings, showing the vote of each member upon each question, or, if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the Town Board and shall be a public record.

(3) Appeals to the Board of Adjustment may be taken by any person aggrieved or by an officer, department, board or bureau of the Town of Hudson affected by any decision of the Building Inspector/Zoning Administrator. Such appeal shall be taken within a reasonable time, as provided in the rules of the Board of Adjustment, by filing with the Building Inspector/Zoning Administrator and with the Board of Adjustment a notice of appeal specifying the grounds thereof. In the case of a request for variance, that procedure shall be initiated by a filing with the Building Inspector/Zoning Administrator only, as set forth in § 14-17B of this chapter, who shall forward the required documentation to the Board of Adjustment. The Building Inspector/Zoning Administrator shall forthwith transmit to the Board of Adjustment all the papers constituting the record upon which the action appealed from was taken, the Board of Adjustment shall fix a reasonable time for the hearing of appeals and give public notice thereof as well as due notice to the parties in interest, and shall decide the same within a reasonable time.

B. Powers of the Board of Adjustment. The Board of Adjustment shall have the following powers:

(1) To hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by the Building Inspector/Zoning Administrator.

(2) To hear applications for variances from the Town Building Code.

C. Decision. The Board of Adjustment shall either approve or reject the appeal by a majority vote of members present.

§ 14-19 Findings.

No appeal to the provisions of this chapter shall be granted by the Board of Adjustment unless it finds by a preponderance of evidence that all the following facts and conditions exist and so indicate such in the minutes of its proceedings.

A. Preservation of intent. No appeal shall be granted that is not consistent with the purpose and intent of this chapter.

B. Exceptional circumstances. There must be exceptional, extraordinary or unusual circumstances or conditions present so that the granting of the appeal will not be so general or recurrent a nature as to suggest that the ordinance should be changed.

C. Hardship. No appeal shall be granted solely on the basis of economic gain or loss. Self-imposed hardships shall not be considered as grounds for the granting of appeal.

D. Absence of detriment. No appeal shall be granted that will create substantial detriment to adjacent property or that will materially impair or be contrary to the purpose and spirit of this chapter or the public safety and interest.

E. Decision. The Board of Adjustment shall transmit its meeting minutes and decisions in writing to the Town Clerk within seven days of the hearing.

F. Review by the Court of Record. Any person or persons aggrieved by any decision of the Board of Adjustment may present to the Court of Record a petition duly verified, setting forth that such decision is illegal and specifying the grounds of the illegality. Such petition shall be presented to the court within 30 days after notification.

§ 14-20 Unsafe buildings.

[Amended 12-7-2021 by Ord. No. 2021-3]

Whenever the Building Inspector/Zoning Administrator finds any building or part thereof within the Town to be, in his judgment, so old, dilapidated or out of repair as to be dangerous, unsafe, unsanitary or otherwise unfit for human habitation, occupancy or use and unreasonable to repair, he shall order the owner to raze and remove such building or part thereof. If a building or part thereof can be made safe by repairs, the owner may make it safe and sanitary or raze it at his option. Such order and proceedings shall be as provided in § 66.0413, Wis. Stats.

§ 14-21 Setback requirements.

A. Minimum lot area. Building or parts of buildings hereafter erected or structurally altered shall provide a lot area conforming to the minimum lot size standard specified in § 90-6C of Chapter 90, the Town of Hudson Subdivision Ordinance, as adopted August 2, 1976, or as hereafter amended; provided, however, that a building in existence on August 2, 1976, on a lot smaller than therein specified may be rebuilt in the event of its substantial destruction by fire or other casualty.

B. Height.

(1) No building shall be more than 35 feet in height, with height measurements commencing at the level of the lowest usable floor (basement or ground story),

(2) Provided, however, that residential buildings may be increased in height by not more than 10 feet or one story when all yards and other required open spaces are increased in width by one foot for each foot in height by which such building exceeds the normal height limit of the district.

C. Side yard. There shall be a side yard on each side of a building.

(1) The aggregate width of the side yards for the main building shall not be less than 25 feet and no single side yard shall be less than 10 feet wide, provided further that the highway setback regulations shall apply to all corner lots.

(2) For lots less than 80 feet wide and of record as such at the date of the passage of this chapter, the aggregate width of the side yard shall be equivalent to three inches for each foot of the lot width, and no single side yard shall be less than 40% of the aggregate width, provided further that the buildable width of any lot shall not be reduced to less than 24 feet.

(3) The minimum permitted side yard for an accessory building in a residence district shall be three feet, provided it is detached from the main building. When an accessory building is attached or connected to the main building, they shall be considered to be as one and the conditions set forth in Subsection C(1) above shall rule.

D. Rear yard. There shall be a rear yard of not less than 25 feet in depth for any main building. Accessory buildings shall not be provided with a minimum rear yard of not less than three feet.

E. TRANS 233.08: setback requirements and restrictions on land abutting a state trunk highway or connecting highway.

(1) Except as provided in this section or in § TRANS 233.11 or, with respect to connecting highways, as provided in § 86.16(1), Wis. Stats., no person may erect, install or maintain any structure or improvement within a setback area determined under Subsection E(2) or (3).

(2) Setback area.

(a) Except as provided in Subsection E(2)(b), the setback area is the area within 110 feet of the center line of a state trunk highway or connecting highway or within 50 feet of the nearer right-of-way line of a state trunk highway or connecting highway, whichever is furthest from the center line.

(b) If an applicable ordinance allows structures or improvements to be located closer to the right-of-way of a state trunk highway or connecting highway than is provided under Subsection E(2)(a), the setback area is the area between the right-of-way and the more restrictive of the following:

[1] The distance allowed under the ordinance.

[2] Forty-two feet from the nearer right-of-way line.

[3] One hundred feet from the center line.

(3) If any portion of a service road right-of-way lies within the setback area determined under Subsection E(2), the setback area shall be increased by the lesser of the following:

(a) The width of the service road right-of-way, if the entire service road right-of-way lies within the setback area. Any increase under this subsection shall be measured from the boundary of the setback area determined under Subsection E(2).

(b) The distance by which the service road right-of-way lies within the setback area, if the entire service road right-of-way does not lie within the setback area. Any increase under this subsection shall be measured from the nearer right-of-way line of the service road.

§ 14-22 Swimming pool requirements for pools over 5,000 gallons or with electrical connections.

A. Permit required. A permit shall be required for any swimming pool with a capacity of 5,000 or more gallons.

B. Application. An application for a building permit shall show:

(1) Location of pool.

(2) Site plan to include:

(a) Location of pool.

(b) Location of house, garage, fencing, well, drain field, septic tank on the lot.

(c) Location of filter unit, pump and wiring (involving location).

(d) Location of back flush and drainage outlets.

(e) Grading plan, finished elevations and final treatment (decking, landscaping, etc.) around pool.

(f) Location of existing overhead or underground wiring, utility easements, trees and similar features.

(3) In the Town of Hudson:

(a) Pools for which a permit is required shall not be located within 25 feet of any side or rear lot line nor within six feet of any principal structure or frost footing or six feet of any deck more than two feet higher than pool. Pools shall not be located within any required front yard, or within 15 feet of a septic tank or 25 feet of the well or 15 feet from a soil absorption site.

[Amended 6-6-2002]

(b) Pools shall not be located beneath overhead utility lines nor over underground utility lines of any type.

(c) Pools shall not be located in or on any easement of any private or public utility, walkway, drainage area or other easement.

(d) For in-ground pools, due precautions shall be taken during the construction period to:

[1] Avoid damage, hazards or inconvenience to adjacent or nearby property; and

[2] Assure that proper care shall be taken in stockpiling excavated material to avoid erosion, dust or other infringement onto adjacent property.

(e) To the extent feasible, back flush water or water from pool drainage shall be discharged on the owner's property or into approved public drainageways. Water shall not drain onto adjacent or nearby private land without written permission of owner thereof.

(f) The filter unit, pump, heating unit and any other noisemaking mechanical equipment shall be located at least 30 feet from any adjacent or nearby residential structure or not closer than 25 feet to any lot line.

[Amended 4-2-2001 by Ord. No. 04-02-01]

(g) Lighting for the pool shall be directed into or onto the pool and not onto adjacent property.

(h) A safety cover or a nonclimbable safety fence of at least five feet in height shall completely enclose the pool. Fencing is not required for aboveground pools with a removable ladder for removal when not in use.

[Amended 5-29-2012]

(i) Water in the pool shall be maintained in a suitable manner to avoid health hazards.

(j) All wiring, lighting, installation of heating unit, grading, installation of pipes and all other installations and construction shall be subject to inspection by the Building Inspector/Zoning Administrator.

(k) Required safety fencing shall be installed immediately upon completion of the pool.

(l) There shall be no nuisances such as undue noise, lighting onto adjacent property, health and safety hazards, damage to nearby vegetation, etc.

(m) Drainage of pools into public streets or other public drainageways shall require permission of the Town Chairman.

§ 14-23 General management and control.

Except where otherwise provided in this code, the Building Inspector/Zoning Administrator shall have the general management and control of all matters pertaining to the building inspection and shall enforce all state laws, town ordinances and lawful orders relating to the construction, alteration, repairs, removal and safety of buildings and other structures, dwellings, public buildings and other structures, dwellings, public buildings and places of employment in the Town of Hudson.

§ 14-24 Power and authority to enter.

The Building Inspector/Zoning Administrator shall have the power and authority at all reasonable hours, for the purpose of any inspection or reinspection, to enter upon any public or private premises and make inspection thereof and to require the production of the permit for any building work being done or the required license therefore. No person shall interfere with or refuse to permit access to any such premises to the above-described representatives of the town while in the performance of their duties. Any person who shall willfully or knowingly resist or obstruct the inspector in the performance of his duty shall be in violation of this chapter. This shall apply to all buildings that have not had a final inspection or are in need of a reinspection. For buildings that are suspected of not having permits for work requiring permits, the Building Inspector/Zoning Administrator may ask permission from the owner of said building for access. Persons refusing access to the Building Inspector/Zoning Administrator shall be reported to the Town Board for further action.

§ 14-25 Records.

A. The Town Building Inspector/Zoning Administrator shall maintain a record of all permits issued by him, which shall be kept on file at the Town Building Department.

B. The Building Inspector/Zoning Administrator shall make a monthly and annual written report to the Town Board of all permits issued, violations noted and fees collected.