Town of Hudson, WI Zoning District Regulations

§ 105-6 Enumeration of districts.

For the purpose of general zoning, there are created eight types of districts. All land zoned under Article II, Zoning District Regulations, of this chapter shall be designated as one of these types. The district types are:

Residence District.

Agricultural District.

Agricultural/Residential District.

Conservancy District.

Commercial District.

Industrial District.

Commercial/Light Industrial District.

Planned Unit Development (PUD) District.

§ 105-7 General provisions on height, area and setbacks.

No part of a yard or other open space provided about any building for the purpose of complying with the provisions of this chapter shall be included as a part of a yard or other open space required for another building.

Every dwelling hereafter erected in the Town of Hudson shall provide for not less than 720 square feet of floor area for a one-story building for each family dwelling therein, nor less than 1,000 square feet of floor area for a two-story building for each family dwelling therein.

Every part of a required yard shall be open to the sky unobstructed, except for trees, shrubs and accessory buildings in a rear yard, and the ordinary projections of sills, belt courses, cornices and ornamental features projecting not more than 24 inches.

Accessory buildings which are not a part of the main building shall not occupy more than 30% of the area of the required rear yard and shall not be more than 25 feet in height.

The regulations contained throughout this chapter relating to the height of buildings or structures and the size of yard and other open spaces shall be subject to the following exceptions:

(1)

Churches, schools and other public and quasi-public buildings may be erected to a height not exceeding 60 feet or five stories, provided the front, side and rear yards required in the district in which such a building or structure is to be located are each increased at least one foot for each additional foot of height above the height limit otherwise established for the district in which such building or structure is to be located.

(2)

Chimneys, cooling towers, church steeples or spires, tanks, water towers, radio or television antennas, microwave radio relay or broadcasting towers, mast or aerials, farm silos, barns and other farm structures, and necessary mechanical appurtenances are hereby excepted from the height regulations of this chapter and may be erected in accordance with other regulations or ordinances of the Town of Hudson, St. Croix County, Wisconsin, or of other jurisdictions, such as the Federal Aviation Administration.

(3)

Facilities subject to Subsections E(1) and (2) of this section require a zoning permit to be issued by the Town Building Inspector/Zoning Administrator after approval by the Town Board. Before granting approval, the Town Board shall investigate and determine whether any such facility which is to exceed 35 feet in height above ground level will create or may create fire protection problems. In considering a request for a permit, the Town Board may invite appropriate officials of fire or other public safety agencies to appear and offer recommendations. The Board may attach such conditions as it deems reasonable and necessary, based upon advice of fire and public safety officials, to the granting of the permit.

(4)

Planned unit developments as approved through the provisions of this chapter.

Setbacks from private roads. All setback requirements of this chapter shall also be applicable to private roads and easement access rights-of-way.

§ 105-8 Residence District.

Statement of purpose. The residence district is created to establish and protect the essential characteristics of areas within which predominantly low-density residential use should occur, along with certain community and recreational uses to serve the residents of the district. Multiple-family residential uses shall be allowed as special exception uses where permitted by the Town Board upon application of standards intended to protect the public interest.

Permitted uses.

(1)

Single-family, two-family dwellings.

(2)

Churches, public and parochial schools.

(3)

Lodging or boardinghouse restricted to not over five boarders or lodgers not members of the resident family.

(4)

Public buildings, except sewage disposal plants, garbage incinerators and buildings for the repair or storage of road building or maintenance equipment.

(5)

Accessory buildings, including private garages and buildings clearly incidental to the residential use of the property; provided, however, that no accessory building may be used as a separate dwelling unit.

(6)

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

(7)

Gardening and nurseries for propagation of plants only.

(8)

Nonprofit public and private parks and playgrounds, including swimming pools, golf courses, tennis courts and picnic grounds. Such uses shall provide sufficient yard area to provide a buffer space and adequate parking facilities according to the following guidelines:

(a)

No yard shall be less than 25 feet wide, except that no such yards need be provided adjacent to the fairways and greens of golf courses.

(b)

Each such yard shall be increased for the following:

[1]

For swimming pools larger than 40 feet by 60 feet, one foot additional of yard for each additional two feet of width or length of the pool, in the direction of such additional width or length.

[2]

For picnic grounds having seating arrangements for more than 40 persons, 10 feet of additional width on every yard for each additional 10 persons or fraction thereof which such picnic ground is designed for or equipped to accommodate.

(c)

Any such yard which abuts on a public street or highway may be reduced by 1/2 the width of such street or highway, but in no case to less than 15 feet.

(d)

Each yard shall be left in its natural condition, and the natural vegetation of the area, including grasses, flowers, shrubs and trees, except noxious plants, trees and weeds, shall be allowed to grow and develop, or other vegetation of equivalent density shall be planted therein, so as to provide a natural screen between the park or playground and neighboring residential areas, so that such yards are, so far as possible, unused and unusable for the general purposes of such parks and playgrounds.

(e)

The above regulations shall be mandatory as applied to any park or playground established by any agency within the Town of Hudson.

(9)

Telephone, telegraph and power distribution poles and lines and necessary appurtenant equipment and structures, such as transformers, unit substations and equipment housing relative thereto, and provided that there is no service garage or storage yard.

(10)

Home occupation, when such occupation is incidental to the residential use of the premises and does not involve any external alteration that would effect a substantial change in the residential character of the building or neighborhood, provided that no person other than a member of the resident family is employed on the premises.

(11)

Professional office, when such office is conducted solely by a member or members of the resident family, entirely within the residence and incidental to the residential use of the premises, provided further that there shall be no external alterations that would effect a substantial change in the residential character of the building, that no more than 50% of only one floor of the dwelling shall be devoted to such offices and that not more than two persons not members of the resident family may be employed in nonprofessional capacities in any such office, and that only one unlighted nameplate, not exceeding one square foot in area, containing the name and profession of the occupant shall be exhibited.

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.

Height. 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); 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.

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 E(1) above shall rule.

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

Special exceptions. The following uses may be allowed as a special exception upon approval by the Town Board as provided in § 105-33.

(1)

Microwave relay structures.

(2)

Multiple-family dwellings in excess of two units. Developments approved shall be subject to the provisions of § 105-8C, D, E and F above. In order to grant a special exception for multiple-family uses, the Town Board shall find that the following conditions are present:

(a)

The establishment of the use will not be detrimental to or endanger the public health, safety, morals, comfort or general welfare.

(b)

The uses, values and enjoyment of other property in the neighborhood shall be in no foreseeable manner substantially impaired or diminished by the establishment of the use.

(c)

The establishment of the use will not impede the normal and orderly development of the surrounding property for uses permitted in the district.

(d)

Adequate utilities, access roads so designed as to minimize traffic congestion on public streets or highways and other hazards, drainage and other necessary site improvements have been provided. The Board may require a bond or other security to assure completion of agreed improvements.

(3)

Farming and raising or maintaining farm animals (except chickens). In order to grant a special exception for farming or raising or maintaining farm animals (except chickens), the Town Board shall find that all of the following conditions are present:

(a)

Conditions listed under special exceptions in Subsection G(2)(a), (b) and (c) above;

(b)

No farm shall be operated for disposal of sewage, rubbish or offal, or for commercial raising of stock or poultry;

(c)

Raising or maintaining of farm animals (except chickens) on nonfarm parcels shall be allowed only on lots of 1.5 acres or larger, and the total population of such animals shall not exceed one per acre;

(d)

Animal shelters, barns, corrals, feedlots and other farm or animal structures shall be located more than 50 feet from any lot line.

(4)

Wells, water storage tanks and water distribution systems for central water systems, and central septic servicing more than one property.

(5)

Medical or dental institutions and clinics, when buildings are devoted wholly or partly to such uses, and when they front on Class A, B or C highways.

(6)

Day-care centers.

(a)

Residential day-care center.

(7)

Raising or maintaining chickens with the following conditions:

(a)

No more than 12 female chickens (hens) are allowed.

(b)

Roosters are not allowed.

(c)

Guinea hens are not allowed.

(d)

Housing facility for the chickens must be located at least 50 feet from any property line.

(e)

Chickens must be kept in the housing shelter or fenced in rear and/or side yard area at all times.

(f)

Conditions apply to property owner or a tenant with written consent of the property owner to be available upon request.

(g)

Any other conditions as determined by the Town Board.

(h)

Any violation to this section is subject to § 105-34 and Chapter 32, Citations.

§ 105-9 Agricultural District.

Statement of purpose. The Agricultural District is created to establish and protect areas within which agricultural uses may exist and prosper free from future intrusion from residential developments and other urban land uses. It is intended to avoid the operational conflicts which occur when farm and nonfarm residential uses become interspersed and to reduce the adverse pressures upon farm livelihood caused by speculative land values and consequent increases in property tax levies upon farmlands.

Permitted uses.

(1)

General farming, including dairying, livestock and poultry raising (except chickens), nurseries, greenhouses and other similar enterprises or uses except for farms operated for the disposal or reduction of garbage, sewage, rubbish or offal, provided that no commercial greenhouses or buildings for the housing of livestock or poultry shall be located within 100 feet of any boundary of a residential lot other than that of the owner or lessee of such greenhouse or building containing such livestock or poultry.

(2)

Single-family residential dwelling or structures accessory to such use, provided that not more than two such dwelling units may be established upon a tract of land which existed as a single tract or parcel on the effective date of this chapter, and provided further that such dwelling is built to be occupied by a farm operator or employee.

(3)

Roadside stands.

Height. No building used for human habitation shall be more than 35 feet in height, with height measurements commencing at the level of the lowest usable floor (basement or ground story); 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.

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

(1)

(2)

(3)

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

Special exceptions. The following uses may be allowable within the Agricultural District as a special exception upon approval by the Town Board:

(1)

Quarrying or gravel pits, when located not less than 200 feet from any abutting highway right-of-way line, nor shall any of its operational facilities such as buildings, parking lots, storage yards or stockpiles be located closer than 100 feet to the setback line, and provided that the owner of the premises and the operator shall file an agreement, accompanied by a surety bond or other financial guaranty, for the restoration, within one year after discontinuing operations, of the site to a condition of practical usefulness and physical attractiveness. Minimum requirements for restoration shall be the elimination of all water holes by filling and the grading and side sloping of any area disturbed by the quarrying operation to the minimum angle of repose of the slope material or a 1 1/2 to 1 slope, whichever is the lesser. A quarry or gravel pit where operations have been discontinued for one year shall not be opened or operated again without a new special exception permit.

(2)

Licensed game management or fur farms governed by Chapter 29 of the Wisconsin Statutes.

(3)

Telephone, telegraph and power transmission towers, poles and lines, including transformers, substations, relay stations, equipment housings and other similar necessary appurtenant facilities; natural gas substations; radio and television stations and transmission towers and microwave radio relay towers, provided that such facilities are found to be necessary and to be located so as to avoid unreasonable interference with agricultural operations.

(4)

Limited commercial recreational activities which are found to be subordinate to the primary agricultural use of the property, which are compatible with the agricultural use on that and surrounding properties, and which are not likely to attract other related uses.

(5)

Temporary uses not exceeding six months in duration which uses are found by the Town Board to be compatible with the applicable zoning requirements of this district. Not more than one six-month extension of a temporary use granted under this subsection shall be allowed.

(6)

Raising or maintaining chickens for lots less than 20 acres with the following conditions:

(a)

No more than 12 female chickens (hens) are allowed.

(b)

Roosters are not allowed.

(c)

Guinea hens are not allowed.

(d)

Housing facility for the chickens must be located at least 50 feet from any property line.

(e)

Chickens must be kept in the housing shelter or fenced in rear and/or side yard area at all times.

(f)

Conditions apply to property owner or a tenant with written consent of the property owner.

(g)

Any other conditions as determined by the Town Board.

(h)

Any violation to this section is subject to § 105-34 and Chapter 32, Citations.

(7)

Raising or maintaining chickens for lots 20 acres or more with the following conditions:

(a)

Roosters are not allowed.

(b)

Guinea hens are not allowed.

(c)

Housing facility for the chickens must be located at least 50 feet from any property line.

(d)

Chickens must be kept in the housing shelter or fenced in rear and/or side yard area at all times.

(e)

Conditions apply to property owner or a tenant with written consent of the property owner.

(f)

Any other conditions as determined by the Town Board.

(g)

Any violation to this section is subject to § 105-34 and Chapter 32, Citations.

Agricultural warehouses, agricultural shops and agricultural storage yards, provided that any such use shall be located not less than 100 feet from the nearest boundary of any lot used for the same purpose.

§ 105-10 Agricultural/Residential District.

Statement of purpose. The Agricultural/Residential District is created to establish areas within which agricultural uses, commercial uses serving agriculture, limited commercial and institutional uses, and limited residential uses may be located. This district is intended to include areas in which exclusivity of agricultural use on an area-wide basis is not warranted because of such factors as the existence of mixed uses prior to the date the district was established and located, demonstrated or expected ability of farm and selected nonfarm uses to exist in close proximity without undue conflict or a determination that the area is in a state of transition to urban-residential character.

Permitted uses.

(1)

General farming including dairying, livestock and poultry raising (except chickens), nurseries, greenhouses and other similar enterprises or uses except for farms operated for the disposal or reduction of garbage, sewage, rubbish or offal, provided that no commercial greenhouses or buildings for the housing of livestock or poultry shall be located within 100 feet of any boundary of a residential lot other than that of the owner or lessee of such greenhouse or building containing such livestock or poultry.

(2)

Single-family residential dwelling or structures accessory to such use, provided that not more than two such dwelling units may be established upon a tract of land which exists as a single tract or parcel on the effective date of this chapter, and provided further that such dwelling is built to be occupied by a farm operator or employee.

(3)

Roadside stands.

(4)

Raising or maintaining farm animals (except chickens) in connection with a single-family or two-family dwelling under § 105-10G(3)(a). The standards of § 105-8G(3)(c) and (d) shall apply to the raising or maintaining of such animals on nonfarm parcels in the district.

(5)

Single-family residential dwellings and structures ancillary to such use when located on parcels of land not less than 20 acres in size.

(6)

Residential day-care facility.

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

(1)

(2)

(3)

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

Special exceptions.

(1)

An application for approval of a major subdivision, minor subdivision or agricultural parcel in the Agricultural/Residential District may include a request for issuance of a special exception for single-family or two-family dwellings upon the lot or lots to be created; and the Town Board at the time of approving the application for the subdivision or agricultural parcel may also grant a special exception permit allowing a single-family or two-family dwelling upon some or all of the lots created.

(2)

A special exception permit for one single-family dwelling is hereby allowed without further Town Board action for each lot or parcel created by a previously approved and recorded certified survey map or conveyance not requiring approval at the time it was recorded, or prior survey approved in writing by the St. Croix County Zoning Authority as a land division existing before October 22, 1974; provided, however, that application for a building permit must be made to the Building Inspector/Zoning Administrator. In the area zoned residence by the amendment passed april 18, 1977, and subsequently rezoned agricultural/residential, a special exception permit is hereby allowed for a single-family dwelling and accessory building, including private garages and building clearly incidental to the residential use of the property.

(3)

The following uses may also be allowed within the Agricultural/Residential District as a special exception upon approval of the Town Board, as provided in § 105-33:

(a)

Single-family and two-family dwellings. In order to grant a special exception for such dwellings, the Town Board shall find the following conditions present. Allowance of such a special exception under this subsection or the preceding subsections of this § 105-10G shall include the right to carry on a home occupation and maintain a professional office subject to all the limitations contained in § 105-8B(10) and (11) relating to permitted uses in the residential district.

[1]

The establishment of the use will not be detrimental to or endanger the public health, safety, morals, comfort or general welfare, nor jeopardize existing adjoining agricultural uses.

[2]

The land for which the building is proposed meets all the suitability standards of § 90-6 of Chapter 90, Subdivision of Land.

[3]

Adequate facilities, access roads so designed as to minimize traffic congestion on public streets or highways and other hazards, drainage and other necessary site improvements have been provided. The Board may require a bond or other security to assure completion of the agreed improvements.

(b)

Wells, water storage tanks and water distribution systems for central water systems, and central septic systems servicing more than one property.

(c)

Medical, correctional or charitable institutions, when buildings devoted wholly or partly to such uses or accessory thereto shall be distant not less than 50 feet from any lot line shared with premises used for residential purposes.

(d)

Kennels, when located not less than 700 feet from any lot line shared with premises devoted to residential uses, by persons other than that of the owner of such kennels, his family, agents, employees or tenants.

(e)

Quarrying or gravel pits, when located not less than 200 feet from any abutting highway right-of-way line, nor shall any of its operational facilities such as buildings, parking lots, storage yards or stockpiles be located closer than 100 feet to the setback line, provided that the owner of the premises and the operator shall file an agreement, accompanied by a surety bond or other financial guaranty, for the restoration, within one year after discontinuing operations, of the site to a condition of practical usefulness and physical attractiveness. Minimum requirements for restoration shall be the elimination of all water holes by filling and grading and side sloping of any area disturbed by the quarrying operation to the minimum angle of repose of the slope material or a 1 1/2 to 1 slope, whichever is lesser. A quarry or pit where operations are discontinued for one year shall not be opened or operated again without a new special exception permit.

(f)

Licensed game management or fur farms as set forth in Chapter 29 of the Wisconsin Statutes.

(g)

Mobile home parks, subject to the provisions of the Town Mobile Home Ordinance adopted February 7, 1972, which is adopted herein by reference.

(h)

Dams, power plants, flowage areas, telephone, telegraphs and power transmission towers, poles and lines, including transformers, substations, relay stations, equipment housings and other similar necessary appurtenant facilities, radio relay towers, provided that such facilities are found to be necessary and to be located so as to avoid unreasonable interference with other uses permitted or existing in the district.

(i)

Winter sports areas for skiing, skating, sliding, snowmobiling, snow shoeing, snow tubing, and other like activities, including the operation of tows, clubhouses and related facilities, but not including the promotion of racing as a spectator sport.

(j)

Rodeos, rodeo-type sports and riding stables and arenas, including all buildings, structures and facilities incidental thereto.

(k)

Limited commercial recreational activities which are found to be subordinate to the primary agricultural use of the property which are compatible with the agricultural use on that and surrounding properties, and which are not likely to attract other related commercial uses.

(l)

Agricultural supply business such as farm machinery dealers and seed, fertilizer and chemical dealers, and industries which process agricultural products largely produced on nearby farms, also nursery which includes landscape supply business whose property has frontage on a state or county highway.

(m)

Veterinary medical facilities.

(n)

Temporary uses not exceeding six months in duration, which uses are found by the Town Board to be compatible with the applicable zoning requirements of this district. Not more than one six-month extension of a temporary use granted under this subsection will be allowed.

(o)

Churches; public and parochial schools when the Town Board determines road infrastructure is adequate.

(p)

Wind energy systems.

[1]

The Town adopts by reference § PSC 128.10-19, Wis. Adm. Code, as the minimum standards and requirements for any wind energy system within the Town.

[2]

Small wind energy systems, as defined by § PSC 128.01(2), Wis. Adm. Code, shall be regulated pursuant to § PSC 128.10(5), Wis. Adm. Code.

[3]

The Town adopts by reference the application procedures pursuant to § PSC 128.30-34, Wis. Adm. Code.

[4]

Any modifications to an existing wind energy system must comply with § PSC 128.35, Wis. Adm. Code.

[5]

The Town adopts by reference the monitoring procedures pursuant to § PSC 128.36, Wis. Adm. Code.

[6]

Fees. An initial application fee as set forth from time to time by resolution of the Town Board is required upon submittal of an application. In addition, all costs incurred by the Town for reviewing and processing the application, including the costs of any outside consultants required by the Town, shall be reimbursed by the applicant.

(q)

Youth-oriented recreational facilities owned and operated by nonprofit organizations or governmental entities.

[1]

No significant opposition from surrounding property owners.

[2]

Frontage on federal, state or county highways.

[3]

Operations during daylight hours only.

[4]

No stadium lighting.

[5]

Schedule of events be provided to Town Board yearly.

[6]

No amplified sound systems.

[7]

Not including motorized activities.

[8]

Site plan approval required for all improvements.

(4)

Raising or maintaining chickens for lots less than 20 acres with the following conditions:

(a)

No more than 12 female chickens (hens) are allowed.

(b)

Roosters are not allowed.

(c)

Guinea hens are not allowed.

(d)

Housing facility for the chickens must be located at least 50 feet from any property line.

(e)

Chickens must be kept in the housing shelter or fenced in rear and/or side yard area at all times.

(f)

Conditions apply to property owner or a tenant with written consent of the property owner.

(g)

Any other conditions as determined by the Town Board.

(h)

Any violation to this section is subject to § 105-34 and Chapter 32, Citations.

(5)

Raising or maintaining chickens for lots 20 acres or more with the following conditions:

(a)

Roosters are not allowed.

(b)

Guinea hens are not allowed.

(c)

Housing facility for the chickens must be located at least 50 feet from any property line.

(d)

Chickens must be kept in the housing shelter or fenced in rear and/or side yard area at all times.

(e)

Conditions apply to property owner or a tenant with written consent of the property owner.

(f)

Any other conditions as determined by the Town Board.

(g)

Any violation to this section is subject to § 105-34 and Chapter 32, Citations.

§ 105-11 Conservancy District.

Statement of purpose. The Conservancy District is established to preserve and perpetuate in an open state certain areas such as lowland swamps, marshes and wetlands, floodplains and streambeds, slopes, bluffs, wooded areas and other areas of aesthetic value which, because of their unique physical features, are deemed desirable to be retained for the benefit of this and future generations. The regulations of the Conservancy District are intended not only to preserve and perpetuate open space land and water areas consistent with the intent and purpose of this chapter, but also to protect the community and the county from costs and consequences which may be incurred when unsuitable development occurs in such areas.

Permitted uses.

(1)

The harvesting of any wild crop such as marsh hay, ferns, wild rice, berries, tree fruits and tree seeds;

(2)

Sustained yield forestry;

(3)

Hunting, fishing, trapping, preservation of scenic, historic and scientific areas, wildlife preserves;

(4)

Nonresident buildings used solely in conjunction with the raising of waterfowl, minnows and other similar lowland animals, fowl or fish;

(5)

Hiking trails or bridle paths;

(6)

Accessory uses;

(7)

Public and private parks, picnic areas, golf courses and similar uses.

Special exceptions. The following uses may be allowed upon issuance of a special exception permit as provided in § 105-33 of this chapter and the prior issuance of any state required permit:

(1)

General farming, providing farm animals shall be kept at least 100 feet away from any nonfarm residence.

(2)

Dams, power plants, flowages, ponds, utility uses such as, but not restricted to, telephone, telegraph and power transmission lines.

(3)

Relocation of any watercourse.

(4)

Filling, drainage or dredging of wetlands.

(5)

Removal of topsoil or peat.

(6)

Cranberry bogs.

(7)

Piers, docks, boathouses.

(8)

§ 105-12 Commercial District.

Statement of purpose. The Commercial District for the Town of Hudson is created for the following reasons:

(1)

To establish and protect locations in which compatible commercial uses may be located. Within this district, residential development, manufacturing and industrial uses and nonretail commercial enterprises are not permitted.

(2)

To provide commercial and professional services to meet the needs of the community.

(3)

To promote a high quality of commercial design and development that produces a positive visual image and minimizes the effects of traffic congestion, noise, odor, glare and other similar safety problems to the residents of the Town of Hudson.

(4)

To provide economic and job opportunities to residents of the community.

(5)

To provide opportunities for retail stores, offices and service establishments to concentrate in convenient locations for benefit of the general public and in mutually beneficial and supportive locations to each commercial use.

The following are uses permitted in the Commercial District. Any use not listed as a permitted use shall be deemed to be a prohibited use.

(1)

Bakeries.

(2)

Barbershops or beauty shops.

(3)

Banks and financial institutions.

(4)

Book and stationery stores.

(5)

Automotive accessory stores, including service, tires and automotive parts.

(a)

Used vehicle sales as a permitted use in the Commercial District, provided this is ancillary to a primary use relating to an automotive repair facility located on the same site, owned by the same entity, with the building size a minimum of 5,000 square feet and a minimum of 1,000 square feet inside the showroom, state licensed and the number of vehicles limited to 10.

(6)

Camera and photographic shops.

(7)

Clothing and dry good stores.

(8)

Drugstores and pharmacies.

(9)

Dry-cleaning and laundry establishments.

(10)

Electrical, household appliance, radio, television and computer sales and service.

(11)

Fabric stores.

(12)

Florist shops.

(13)

Food and convenience shops.

(14)

Furniture and flooring stores.

(15)

Gift, variety stores and antique shops.

(16)

Gasoline stations primarily used by residents and the traveling public operating automobiles as defined in § 340.01(4), Wis. Stats.

(17)

Greenhouse when the primary use is the direct selling of retail goods and items to the public.

(18)

Hardware and paint stores.

(19)

Hotels and motels.

(20)

Interior decorating stores and shops.

(21)

Grocery stores and supermarkets.

(22)

Jewelry stores.

(23)

Health and athletic clubs, including such uses as tennis, racquetball, basketball, swimming, running tracks and exercise rooms.

(24)

Art and photo galleries.

(25)

Liquor stores which are for off-sale only.

(26)

Medical and dental facilities and stores which are related to the medical industry.

(27)

Mortuaries and funeral homes.

(28)

Music stores.

(29)

Office equipment and office supply stores.

(30)

Offices, including both business and professional.

(31)

Optical and eyewear stores.

(32)

Pet shops.

(33)

Photography stores and studios.

(34)

Picture framing and picture stores.

(35)

Restaurants, drive-in restaurants and eating establishments and those having a liquor license.

(36)

Shoe stores and shoe repair shops.

(37)

Shopping centers. (The total development plan for a shopping center to be approved by the Town Board must contain at least five contiguous acres to be considered for development as a shopping center.)

(38)

Sporting goods and athletic shops.

(39)

Skating rinks and bowling alleys.

(40)

Theaters, excluding outdoor or drive-in facilities.

(41)

Travel agencies.

(42)

Veterinarian clinics.

(43)

Fiber optic regeneration plant.

(44)

Campground.

(45)

Cabinet/fixture assembly shop with retail showroom.

(46)

(Reserved)

(47)

Nonresidential day-care facility.

(48)

Self-contained, automatic automobile and light truck vehicle wash.

(49)

Car dealerships whose primary purpose is the sale of new cars, provided the dealership is located on a minimum of five acres with a showroom and offices, with a minimum building size of 5,000 square feet and providing at a minimum warranty service.

(50)

Licensed and accredited private/public vocational school.

(51)

Sales, service, and rental of compact construction equipment under 20,000 pounds, such as skid loaders, and lawn care accessory equipment.

Special limitations and conditions on permitted uses. In addition to other general requirements described within this section, other special limitations or requirements shall apply within the Commercial District.

(1)

A commercial use or service not listed in § 105-12B, Permitted uses, above, will have to be approved by the Town Board. Such approval will first require a recommendation of the commercial use or service by the Town Plan Commission and subsequent approval by the Town Board. Any negative recommendation by the Town Plan Commission shall require a 2/3 majority vote of the Town Board for approval to be granted. A public hearing held according to § 105-40, Hearings, and the subsequent Zoning Code amendment of § 105-12B will be required to include the use as a permitted use. In addition, the same amendment process must be utilized to delete any uses from § 105-12B.

(2)

Temporary uses are permitted but shall not exceed six months in duration after being found by the Town Plan Commission and the Town Board to be compatible with the permitted uses and requirements of the Commercial District.

(3)

Outside storage. All materials, supplies, merchandise and other similar materials not on display for direct sale, rental or lease to the consumer shall be stored within the principal structure, a freestanding building, or be located or screened with an adequate buffer (fence, wall or earth-berm) so as not to be visible from any adjoining properties or public streets. In addition, no materials or goods for retail sale to the public shall be allowed to block sight lines of vision of individuals driving cars on public roads. The storage or display of materials for retail sale to the public shall be prohibited within any required front, side or rear yards. At service stations and gas stations, no vehicles shall be parked on the premises other than those utilized by employees or those awaiting service. No vehicle shall be parked or be awaiting service longer than 21 days. No exterior maintenance or working on vehicles (changing engines, oil changes and engine maintenance) shall occur. All such activities shall occur within the principal structure on the premises.

(4)

Refuse containers and garbage dumpsters. All on-site refuse containers and garbage dumpsters shall be located totally within the principal building on the lot or shall be located and stored within an accessory structure or screened fence located in the rear yard of the property. Said accessory structure shall have the same exterior finish, materials and colors as the main structure on the property or at a minimum painted decorative concrete block construction. Under no circumstances shall the walls of the accessory structure or screened fence be less than five feet in height.

(5)

Minimum building size. The minimum building size for any structure housing one or more principal uses in the Commercial District shall be at least 1,000 square feet of gross floor area within the first, or ground, floor. For the purposes of this chapter, the principal use shall be defined as the main, or principal, use to which the premises are devoted and the principal purpose for which the premises exist.

(6)

Building design and construction. In addition to any other restrictions of this chapter and of the Building Code in effect in the Town of Hudson, the use, construction, alteration or addition to any building or structure within the Commercial District shall meet the following standards:

(a)

Each exterior wall finish on any building shall be one or any combination of the following:

[1]

Face brick.

[2]

Natural stone.

[3]

Specially designed precast concrete units if the surfaces have been integrally treated with an applied decorative or textured treatment.

[4]

Glass.

[5]

Wood.

[6]

Architectural masonry block.

[7]

Factory fabricated and finished metal framed panel construction is permitted. If the panel materials on the exterior surface are combined with any of the surface materials mentioned above to provide a wainscoting appearance, the minimum usage shall be walls facing street(s) and/or the principal building entrance. In addition, a sufficient number of windows shall be present to present a street view that is consistent and harmonious with neighboring properties.

(b)

All subsequent additions, exterior alterations on the principal structure and any accessory buildings which are constructed after the erection of the original building, or buildings, are subject to the provisions in this chapter and will be subject to review of a site plan and approval of said site plan by the Town Board.

(7)

Specific standards for automobile service and gas stations. Automobile service centers and gas stations are permitted uses within the Commercial District; however, other conditions shall apply:

(a)

All hydraulic hoists, pits, lubrication, washing, car repair and diagnostic equipment shall be used, stored and located within the principal structure.

(b)

No buildings, driveway surfaces, parking areas or other improvements shall be located within 150 feet of any portion of a lot in a residential district if not separated by a Town road, or within 100 feet if separated by a Town road.

(8)

Interior concrete curbs of not less than six inches in height shall be constructed to separate driving surfaces from any sidewalk. This standard shall apply to all development within the Commercial District.

(9)

All driveways, driving surfaces and parking areas within any development in the Commercial District shall be constructed with asphalt or concrete. The Town Board may designate, at the applicant's expense, a professional engineer to review all plans and make recommendations to the Town Board prior to final approval.

(10)

Off-street parking areas. Any change of use, tenancy or occupancy of an existing development, including an addition to an existing building, is subject to requirements of this section.

(a)

All required off-street parking spaces shall be located on the same lot of the principal development.

(b)

Each off-street parking space shall be at least nine feet in width, at least 20 feet in length, and at least vertical clearance of 6 1/2 feet. Handicapped parking spaces shall be provided in accordance with the current applicable Wisconsin Statutes and Wisconsin Administrative Code sections.

(c)

Parking lot aisle minimum width shall be as follows:

Angle of Parking (degrees)	Width of Two-Way Drive Aisle (feet-inches)	Width of One-Way Drive Aisle (feet-inches)
0	22-0	12-0
45	22-0	12-10
60	22-0	14-6
75	24-0	17-10
90	24-0	24-0

(d)

All off-street parking and loading spaces shall have access from driving lanes and not directly from the public street.

(e)

Fire access lanes shall be provided as required by the building or fire code.

(f)

No parking space shall be closer than five feet to any building.

(g)

All open off-street parking areas designed to have parking along the property line shall be at least five feet from the property line. Any open off-street parking area adjacent to the principal building shall provide a permanent bumper curb/barrier not less than five feet from the building.

(h)

No building for which off-street parking space is required may be added to, structurally altered or converted in use so as to encroach upon or reduce the parking space below the required minimum.

(i)

No required parking space may be used for storage, display, sales, rental, repair or snow. Spaces may be used for vehicles awaiting service at repair facilities. There shall be no parking spaces in any vision clearance triangle.

(j)

All parking spaces shall be graded and surfaced with a dust-free, bituminous or concrete surface to prevent the accumulation of surface water. Required and proper drainage shall be provided.

(k)

Signage and striping shall be provided for direction of traffic movement.

(l)

Space for loading and unloading cargo shall be provided on the site and shall not interfere with the vehicle circulation for the facility.

(m)

Facilities not addressed specifically in this chapter shall provide at least one off-street parking space for each 200 square feet ground floor area plus at least one additional parking space for each 500 square feet of upper floor area, exclusive of adequate ingress and egress driveways to connect with a public road.

(n)

Theaters, churches, auditoriums, lodges or fraternity halls and similar places of public assemblage shall provide at least one parking space for each seven seats.

(o)

Motels, hotels and lodging houses shall provide at least one parking space for each guest room.

(p)

Restaurants, taverns and similar places for eating and for refreshments, except curb service establishments, shall provide at least one parking space for each 50 square feet of floor space devoted to the use of the patrons in addition to the facility requirements.

(q)

Funeral homes and mortuaries shall provide at least one parking space for each 50 square feet of space devoted to parlors.

(r)

Service stations shall provide parking for all vehicles used directly in the conduct of the business, plus two spaces for each gas pump, plus three spaces for each grease rack.

(s)

Public parks and playgrounds shall provide one space for each four persons designed to be accommodated.

(t)

Any use not specifically named shall be assigned to the most appropriate classification by the Building/Zoning Administrator.

(11)

Lighting. Lighting shall be energy efficient and appropriate to avoid undesirable side effects including glare, sky glow and light trespass onto adjacent properties. Lighting fixtures shall add to the character of the building and provide safety and security. Fixtures and their illumination shall complement and enhance the architectural character of buildings and surrounding area. All developments are required to have a lighting plan.

(a)

All lighting must be the minimal subjective amount needed for safety and security and downward directed and shielded away from neighboring properties to prevent glare or illumination of adjoining properties.

(b)

All wiring shall be underground.

(c)

Floodlights and spotlights are not permitted for general lighting purposes.

(d)

All perimeter lighting shall be shielded and aimed so that illumination is directed only to the intended area and not cast on other areas or adjacent properties or roads.

(e)

If building facades are illuminated then they must be full cutoff luminaries attached to the building or in the roof overhang.

(f)

Parking lots shall be uniformly lighted and not shed light on adjacent properties. In no case shall such lighting exceed three footcandles measured at the lot line.

(g)

Bare light bulbs shall not be permitted in view of adjacent property or public rights-of-way. No light or combination of lights which cast light on a public street shall exceed one footcandle meter reading as measured from the center line of said street, nor shall any light or combination of lights which cast light on residential property exceed 0.4 footcandle.

(h)

Lighting standards shall not exceed 30 feet or the height of the principal building on the lot, whichever is less.

(i)

All illumination of signs and any other outdoor feature shall not be of a flashing, moving, or intermittent type. The only exception to this shall be signs of a public service nature, such as time and temperature and those providing recurring public service messages.

(j)

Landscape lighting shall use minimum power lamps to achieve architectural objectives, and shall neither cause glare, light trespass, or excessive sky glow.

(12)

Landscaping. All developments are required to have a landscape plan.

(a)

The development should retain existing trees, shrubbery and grasses not located in rights-of-way, drainageways and vision triangles and are to be shown on the landscape plan.

(b)

A minimum of at least 20% of the area within the property lines of each lot shall be devoted to landscape purposes.

(c)

Invasive species are not allowed.

(d)

Buffer area or screening is required as designated elsewhere in this chapter. Berms may be used as per any applicable regulations.

(e)

Any lot that abuts or is across from a residential area shall have perimeter landscape screening that will substantially screen parking areas and headlights from vehicles.

(f)

Landscaped islands are preferred for larger parking lots.

(g)

Any existing area within the road right-of-way that is not constructed to Town standards and adjacent to the development site shall be included in the landscape plan to include seeding or sodding of grass.

(h)

Evergreen trees and/or shrubs should be placed to screen service delivery areas, loading docks and outside building service equipment.

(i)

Requirements.

[1]

Developments are required to have a minimum of one overstory deciduous or coniferous tree for every 75 feet of site perimeter. Overstory deciduous trees shall be a minimum of 2 1/2 inches in caliper. Coniferous trees shall be a minimum of six feet in height.

[2]

Developments are required to have one coniferous tree a minimum of six feet high or one deciduous tree of 2 1/2 inches caliper or a combination of deciduous and coniferous shrubs for every 100 feet of frontage along all public or private streets. These trees or shrubs must be planted within 20 feet of the property line (exclusive of rights-of-way) abutting the public or private street.

[3]

All plantings shall be appropriately spaced according to growth requirements of the species.

[4]

Credits will be given for existing trees or shrubs within the property line meeting the minimum standards for new plantings.

[5]

The property owner shall be responsible for maintenance and replacement of items as necessary that are part of the approved landscape plan.

Access.

(1)

Access to commercial activities shall be allowed only from major collector and minor collector streets, or a street specifically designed for such development. Applicants are encouraged to review the Town of Hudson Comprehensive Plan to determine the functional and jurisdictional road system within the Town of Hudson.

(2)

Curb cuts within a single proposed commercial site shall not be spaced closer than 100 feet of each other. Commercial sites of a small scale shall be encouraged to develop common access drives and parking facilities.

(3)

Turning lanes and appropriate right-of-way must be provided if the Town Board determines that a turning lane is needed to prevent traffic congestion and to expedite an orderly flow of traffic. The cost of such improvements required by the Town Board shall be incurred by the applicant, developer or landowner.

Lot coverage.

(1)

To calculate lot coverage, the following areas shall be added together: the area of the building as determined by the foundation plan; parking areas and driveways; loading, storage, trash/garbage areas and all other areas covered with impervious materials not specifically used for landscaping purposes.

(2)

The maximum allowable lot coverage shall be 90% of the lot area minus the minimum required landscaping area.

(3)

All sites shall be designed to contain and accommodate all drainage on-site and shall be engineered to accommodate a 100-year rainfall. Drainage calculations shall include all impervious surfaces such as parking lots, roof surfaces, roads and any other paved surfaces.

(4)

All calculations for site drainage and design for on-site holding of rainfall shall be calculated and completed by a professional registered engineer.

Minimum lot size. For a building, or parts of buildings, hereafter erected, moved or structurally altered for commercial purposes the minimum lot size shall be one acre (43,560 square feet).

Building height. No building erected, moved or structurally altered within the Commercial District shall exceed a height of 45 feet or three stories. In no case, however, shall the height of any building exceed 45 feet. Measurement of the height shall commence at the top of the footings.

Requirements on setbacks and yards. The minimum building setback from any Commercial District boundary or public street right-of-way shall be 50 feet from the right-of-way.

(1)

Building setbacks.

(a)

Interior lot line: 50 feet.

(b)

Agricultural/Residential and residential boundary: 100 feet.

(2)

Parking lot or circulation drive setbacks:

(a)

Minor arterial street (Class B): 50 feet.

(b)

Major collector street (Class C): 25 feet.

(c)

Minor collector street (Class D): 25 feet.

(d)

Local interior street (Class E): 25 feet.

(e)

Interior lot line: 10 feet. Town Board may approve zero foot setback at site plan approval with proper justification and local Fire Department positive recommendation.

(f)

Agricultural/Residential and residential boundary: 50 feet.

Screening of yards visible from residence districts. Yard areas established under this chapter for commercial property shall be screened from view of residence and agricultural/residential districts by plantings, earth berms, fencing or combinations thereof. Any means used to screen commercial properties shall be aesthetically compatible with surrounding residential properties and allow for reasonable use and enjoyment of the residential property by the occupants. All plans for screening of the commercial properties shall first be reviewed by the Town Plan Commission with a recommendation forwarded to the Town Board. The Town Board shall have final approval of the screening methods. The applicant/property owner shall have responsibility for ongoing maintenance, repair and necessary replacement of the screening methods utilized to assure ongoing compliance with the original approval granted by the Town of Hudson.

Procedure for site plan approval.

(1)

The Town Board for the Town of Hudson declares that it is necessary and appropriate to require site plan approval of any development in the Commercial District to preserve and promote attractive, well-planned and consistent conditions for all applicants and property owners. Site plan approval must be first granted by the Town Plan Commission and then the Town Board prior to any permit being issued and construction commencing. Any negative recommendation by the Town Plan Commission shall require a 2/3 majority vote of the Town Board for approval to be granted. Upon approval of the Town Board, a commercial and industrial land use permit shall be issued to the applicant.

(a)

Copies of the site plan must be submitted to the Town Clerk at least 15 days in advance of the Town Plan Commission or Town Board's meeting at which the applicant is seeking approval. In all cases the site plan must be to scale and contain the minimum:

[1]

Name of the project and development.

[2]

Location of the project/development.

[3]

Location map, including areas within 1/4 mile of the site.

[4]

North arrow.

[5]

Name and mailing address of the owner(s) and applicant.

[6]

Date the plan was prepared.

[7]

Boundary line of the property with dimensions.

[8]

Existing and proposed topographic contours at a minimum interval of two feet.

[9]

Date of the survey utilized for the boundary description and topography.

[10]

Total acreage within the proposed development.

[11]

Existing zoning classifications if any rezoning is requested.

[12]

Lot numbers and dimensions of lots to the nearest foot.

[13]

Any public land or parks that are proposed or in existence.

[14]

On-site street and street rights-of-way.

[15]

Adjacent streets and street rights-of-way.

[16]

Utilities and utility rights-of-way or easements.

[17]

Location of all buildings and structures either existing or proposed.

[18]

Parking facilities and layout of parking spaces.

[19]

Traffic flow indicating ingress and egress from site.

[20]

Sidewalks, walkways, driveways, loading areas and docks.

[21]

Exterior refuse and garbage storage areas.

[22]

Site drainage.

[23]

Surface water holding ponds, drainage ditches and drainage patterns.

[24]

Culverts, including invert elevations and description as to type and location.

[25]

Landscaping (detailed plans showing plantings, equipment, berming, materials, walls, etc.).

[26]

Exterior lighting indicating type, locations and height.

[27]

Exterior signage showing type, locations and size.

[28]

Location and size of existing water bodies on the property.

[29]

Number of employees anticipated once the property is fully developed for commercial use.

[30]

Location of proposed septic system well for water.

(b)

The Town Plan Commission and Town Board shall require plans and statistics indicating the phasing of the project, and statistics of the site development relating to site square footage, percent of site coverage and setbacks. In addition, the number of parking spaces and the ratio of parking spaces to square footage of the principal structure must be provided by the applicant.

(c)

Exterior finish materials must be provided as part of the site plan approval process. The type of materials must be either in writing from the applicant or on the cross-sections of the architectural building plans submitted in conjunction with the site plan.

(d)

Prior to final approval the Town Board shall be provided a phasing schedule of the development and also be provided the estimated commencement date of construction of the site improvements and the principal structure.

(e)

Any restrictive covenants that the owner or applicant is proposing for the property must be provided prior to any approval being granted by the Town Board.

(f)

The Town Board shall require the posting of an irrevocable letter of credit or financial assurance by the applicant or developer as a guaranty of site improvements as approved on the site plan. The letter of credit or financial assurance must be provided to the Town Board prior to issuance of any commercial and industrial land use permit. The amount of the letter of credit or financial assurance shall be equal to 10% of the estimated valuation of the property improvements as estimated by the applicant or developer, reviewed by the town engineer and approved by the Town Board.

(g)

Other information considered by the Town Plan Commission and/or the Town Board to be pertinent to the proposed project may be requested from the applicant. Such costs incurred by the Town of Hudson shall be the responsibility of the applicant.

(2)

Site plan approval. Prior to granting of a commercial and industrial land use permit, the site plan submitted by the applicant must receive approval from the Town Board. The Town Board has the authority to require the applicant to assure that particular elements of the site plan, either proposed by the applicant or imposed by the Town Board, are constructed as part of the approved site plan for development of the property.

(3)

Review and recommendation by the Town Plan Commission.

(a)

In considering site plans submitted by the applicant for site plan approval under this chapter, the Town Plan Commission shall consider the following: interrelationship with the site plan elements to conditions both on and off the property; conformance with the township's Comprehensive Plan; the impact of the site plan and development on the existing and anticipated traffic and parking conditions; the adequacy of the site plan with respect to surrounding land uses; pedestrian and vehicular ingress and egress from and to the site; landscaping; lighting; provisions for utilities; architectural and engineering features; site drainage; site grading; signage; setbacks; screening and other related matters as determined by the Town of Hudson to be appropriate for review and approval.

(b)

The Town Plan Commission may question the applicant for specific items pertaining to the site plan. After discussion and consideration by the Commission, the site plan may by motion be approved, disapproved or tabled because additional information is requested to be provided by the applicant. In addition, the Commission may disapprove the proposal for failure of the applicant to conform to standards and requirements as listed in this chapter. If the applicant through no action or failure to appear before the Plan Commission allows 75 days to elapse, then the applicant must reapply to the Town Plan Commission for any further consideration of the proposal. The Plan Commission may also impose necessary conditions and safeguards prior to taking any actions and making any recommendation to the Town Board.

(c)

During review of plans from any applicant the Town Plan Commission shall consider the oral and written statements from the applicant, the public, staff members or its own Commission members.

(4)

Review and decision by the Town Board. The Town Board shall review the site plan submitted by the applicant after the Town Plan Commission has made its recommendation to the Town Board. In its review of the site plan the Town Board shall consider the same impacts and features as the Town Plan Commission. The Town Board requires a simple majority of voting members present for the Town Board to approve or reject the site plan. In the event of an adverse or negative recommendation from the Town Plan Commission, a 2/3 majority vote of the Town Board is necessary for approval to be granted to the site plan and development.

(5)

Road standards within the Commercial District. The Town of Hudson shall require all roads constructed within the Commercial District to meet minimum road standards as determined by the Town of Hudson and St. Croix County. Standards to be utilized by the Town of Hudson when site plans and developments are reviewed will be those standards in effect at the time the applicant submits plans for approval by the Town Board. Road standards that are adopted by the Town of Hudson shall consider such items as the amount of traffic, type of traffic, proposed and existing land uses, density of the development and drainage patterns.

§ 105-13 Industrial District.

Statement of purpose. The Industrial District for the Town of Hudson is created for the following reasons:

(1)

The provisions of this section shall be administered and enforced by the Town of Hudson in a manner to clearly support and locate industrial development in the districts appropriately zoned for industrial uses.

(2)

To reserve appropriately located areas within the Town of Hudson for industrial development and related activities.

(3)

To protect areas appropriate for industrial development from intrusion by inappropriate uses.

(4)

To protect residential and commercial properties from intrusion by industrial uses.

(5)

To protect nuisance-free, nonhazardous industrial uses from inappropriate noise, odor, dust, dirt, smoke, vibration, glare and other objectionable influences, and from fire, explosion, noxious fumes, radiation and other hazards that are incidental to certain industrial uses.

(6)

To provide opportunities for certain types of industrial activities to concentrate in mutually beneficial relationships to each other.

(7)

To provide adequate space to meet the needs of modern industrial development, including areas for off-street parking, truck loading areas and site landscaping.

(8)

To minimize traffic congestion within the Town of Hudson and to assure that necessary public services are available and that industrial development projects do not exceed the capability of the Town of Hudson to provide appropriate and environmentally sound services to industrial development.

(9)

To provide sufficient open space around industrial structures to protect them from the hazard of fire due to the lack of public water utilities within the Town of Hudson.

(10)

To establish and maintain high standards of site planning, architecture and landscape design that will create an environment that is attractive to industrial, research and development activities within the Town of Hudson.

Permitted uses in the Industrial District.

(1)

Athletic and health clubs.

(2)

Electrical, plumbing, water, gas or steam fitting shops.

(3)

Manufacturing, compounding, processing, packaging and assembly of products and materials.

(4)

Offices.

(5)

Restaurants, including those offering liquor if such liquor license is available from the Town of Hudson and has been approved by the Town Board (including convenience-food-type establishments).

(6)

Scientific research, investigation, nonhazardous testing or experimentation.

(7)

Warehousing of perishable or nonperishable products, provided that the products are owned by or consigned to the owner of the principal use or a lessee, and further provided that said owner or lessee does not establish such principal use in the capacity of a carrier for the purpose of a freight operation or terminal for trucking operations.

(8)

On-site storage of production equipment, materials and trucks and trailers is permissible when such uses are a direct support to the principal use of the site improvements and structures for the manufacturing, compounding, processing, packaging, repackaging and/or assembly of products and materials.

(9)

School bus garage facility serving the Hudson School District exclusively.

(10)

County Highway Department maintenance facility.

(11)

Fiber-optic regeneration plant.

(12)

Emergency railroad service center.

(13)

Nonresidential day-care facility.

(14)

Automotive maintenance and mechanical repair facility, excluding collision repair.

(15)

Distribution centers for the central storage and warehousing of goods and materials intended for distribution to retail outlets where all the goods and materials are owned by the same entity as the distribution center.

(a)

Light maintenance may be permitted on site on company-owned equipment.

(b)

Developer's agreement. Prior to commencing any grading or construction of the development site of any kind, the developer shall enter into a developer's agreement with respect to the planned development which shall detail the responsibilities assumed by the developer, including, but not limited to, costs such as professional fees incurred by the Town and an irrevocable letter of credit or financial assurance in an amount necessary to pay the costs of the roads and other infrastructure requirements of the development.

(16)

Bus sales and maintenance of new school buses and new commercial buses. Example of commercial buses include: assisted living healthcare buses, church buses, municipal transit buses, airport and hotel shuttle busses, and similar such buses.

Accessory uses in the Industrial District. In addition to those subordinate uses which are clearly and customarily incidental to principal uses, such as parking lots and off-street loading facilities, the following additional accessory uses will be permitted on the industrial lot occupied by the principal use:

(1)

Personnel service facilities providing personnel services, education, recreation, entertainment, food and convenience goods primarily used by those individuals employed for the principal use of the property.

(2)

Warehousing of products manufactured by the principal use.

(3)

Signs as permitted by sign provisions within this chapter.

(4)

Offices and administrative facilities that support the principal industrial use.

(5)

On-site retail sales or will-call wholesale sales, but only after application by the owner and determination by the Town Board that such retail sale or will-call wholesale sales are incidental to the owner's main source of business and are not incompatible with surrounding land uses and upon such conditions as shall be established by the Town Board.

(1)

An industrial use or service not listed in § 105-13B, Permitted uses, above, will have to be approved by the Town Board. Such approval will first require a recommendation of the industrial use or service by the Town Plan Commission and subsequent approval by the Town Board. Any negative recommendation by the Town Plan Commission shall require a 2/3 majority vote of the Town Board for approval to be granted for the proposed use. A public hearing held according to § 105-40, Hearings, and the subsequent Zoning Code amendment of § 105-13B will be required to include the use as a permitted use. In addition, the same amendment process must be utilized to delete any uses from § 105-13B.

(2)

Temporary uses are permitted but shall not exceed six months in duration after being found by the Town Plan Commission and Town Board to be compatible with the permitted use and requirements of the Industrial District.

(3)

Refuse containers and garbage dumpsters. All on-site refuse containers and garbage dumpsters shall be located totally within the principal building on the lot, or shall be located and stored within an accessory structure or screened fence located in the rear yard of the property. Said accessory structure shall have the same exterior finish, materials and colors as the main structure on the property, or at a minimum a structure shall be constructed of decorative concrete block. Under no circumstances shall the walls of the accessory structure or screened fence be less than five feet in height.

(4)

Increased front street and side street setbacks. The required front street or side street setbacks shall be increased to 150 feet from the edge of the right-of-way if the industrial lot is located across the street from property located in an agricultural/residential district or residence district.

(5)

Increased side yard and rear yard setbacks. The required interior side yard or rear yard setback shall be increased to 100 feet from the edge of the right-of-way if the tract of industrial land abuts property in an agricultural/residential district or a residence district.

(6)

Off-street parking. Any change of use, tenancy or occupancy of an existing development, including an addition to an existing building, is subject to requirements of this section.

(a)

All required off-street parking spaces shall be located on the same lot of the principal development.

(b)

Each off-street parking space shall be at least nine feet in width, at least 20 feet in length, and at least vertical clearance of 6 1/2 feet. Handicapped parking spaces shall be provided in accordance with the current applicable Wisconsin. Statutes and Wisconsin Administrative Code sections.

(c)

Parking lot aisle minimum width shall be as follows:

Angle of Parking (degrees)	Width of Two-Way Drive Aisle (feet-inches)	Width of One-Way Drive Aisle (feet-inches)
0	22-0	12-0
45	22-0	12-10
60	22-0	14-6
75	24-0	17-10
90	24-0	24-0

(d)

All off-street parking and loading spaces shall have access from driving lanes and not directly from the public street.

(e)

Fire access lanes shall be provided as required by the building or fire code.

(f)

No parking space shall be closer than five feet to any building.

(g)

(h)

No building for which off-street parking space is required may be added to, structurally altered or converted in use so as to encroach upon or reduce the parking space below the required minimum.

(i)

(j)

All parking spaces shall be graded and surfaced with a dust-free, bituminous or concrete surface to prevent the accumulation of surface water. Required and proper drainage shall be provided.

(k)

Signage and striping shall be provided for direction of traffic movement.

(l)

Space for loading and unloading cargo shall be provided on the site and shall not interfere with the vehicle circulation for the facility.

(m)

(n)

Theaters, churches, auditoriums, lodges or fraternity halls and similar places of public assemblage shall provide at least one parking space for each seven seats.

(o)

Motels, hotels and lodging houses shall provide at least one parking space for each guest room.

(p)

(q)

Funeral homes and mortuaries shall provide at least one parking space for each 50 square feet of space devoted to parlors.

(r)

Service stations shall provide parking for all vehicles used directly in the conduct of the business, plus two spaces for each gas pump, plus three spaces for each grease rack.

(s)

Public parks and playgrounds shall provide one space for each four persons designed to be accommodated.

(t)

Industrial use shall provide at least one parking space for each employee on the premises at any one time, plus at least one additional space for each vehicle operated in connection with such use for which parking on the premises is required.

(u)

Any use not specifically named shall be assigned to the most appropriate classification by the Building/Zoning Administrator.

(7)

Lighting. Lighting shall be energy-efficient and appropriate to avoid undesirable side effects including glare, sky glow and light trespass onto adjacent properties. Lighting fixtures shall add to the character of the building and provide safety and security. Fixtures and their illumination shall complement and enhance the architectural character of buildings and surrounding area. All developments are required to have a lighting plan.

(a)

(b)

All wiring shall be underground.

(c)

Floodlights and spotlights are not permitted for general lighting purposes.

(d)

All perimeter lighting shall be shielded and aimed so that illumination is directed only to the intended area and not cast on other areas or adjacent properties or roads.

(e)

If building facades are illuminated then they must be full cutoff luminaries attached to the building or in the roof overhang.

(f)

Parking lots shall be uniformly lighted and not shed light on adjacent properties. In no case shall such lighting exceed three footcandles measured at the lot line.

(g)

(h)

Lighting standards shall not exceed 30 feet or the height of the principal building on the lot, whichever is less.

(i)

(j)

Landscape lighting shall use minimum power lamps to achieve architectural objectives, and shall neither cause glare, light trespass, or excessive sky glow.

(8)

Landscaping. All developments are required to have a landscape plan.

(a)

The development should retain existing trees, shrubbery and grasses not located in rights-of-way, drainageways and vision triangles and are to be shown on the landscape plan.

(b)

A minimum of at least 20% of the area within the property lines of each lot shall be devoted to landscape purposes.

(c)

Invasive species are not allowed.

(d)

Buffer area or screening is required as designated elsewhere in this chapter. Berms may be used as per any applicable regulations.

(e)

Any lot that abuts or is across from a residential area shall have perimeter landscape screening that will substantially screen parking areas and headlights from vehicles.

(f)

Landscaped islands are preferred for larger parking lots.

(g)

Any existing area within the road right-of-way that is not constructed to town standards and adjacent to the development site shall be included in the landscape plan to include seeding or sodding of grass.

(h)

Evergreen trees and/or shrubs should be placed to screen service delivery areas, loading docks and outside building service equipment.

(i)

Requirements.

[1]

[2]

Developments are required to have one coniferous tree a minimum of six feet high or one deciduous tree of 2 1/2 inches caliper for every 60 feet of frontage along all public or private streets. These trees must be planted within 20 feet of the property line abutting the public or private street. Coniferous trees shall not be located within 50 feet of a driveway.

[3]

Tree plantings must be a minimum of 15 lineal feet apart.

[4]

Credits will be given for existing trees within the property line meeting the minimum standards for new plantings.

[5]

One shrub for every 50 feet of site perimeter is required.

[6]

The property owner shall be responsible for maintenance and replacement of any items as necessary that are part of the approved landscape plan.

Building design and construction. In addition to other restrictions of this chapter and of the Building Code in force in the Town of Hudson, St. Croix County and the State of Wisconsin, the use, construction, alteration or enlargement of any building or structure within the Industrial District shall meet the following standards:

(1)

Each exterior wall finish on any building shall be one or any combination of the following materials:

(a)

Face brick.

(b)

Natural stone.

(c)

Specially designed precast concrete units if the surfaces have been integrally treated with an applied decorative or textured treatment.

(d)

Glass.

(e)

Wood.

(f)

Architectural masonry block.

(g)

(2)

All subsequent additions, exterior alterations on the principal structure and any accessory structures which are constructed after the erection of the original building, or buildings, are subject to the provisions in this chapter and will be subject to review during review of the site plan and eventual approval of the site plan by the Town Plan Commission and the Town Board.

Requirements for building coverage, setbacks and height.

(1)

Minimum land area. No tract of land shall be transferred to the Industrial District unless done so in accordance with Article VIII, Changes and Amendments, of this chapter. No tract of land shall be transferred to the Industrial District unless the lot or tract of land measures at least 10 acres in total area or is immediately contiguous to other land already zoned Industrial District.

(2)

Minimum lot size. All lots located within the Industrial District shall have a minimum lot area of two acres.

(3)

Minimum building square footage. Each building within the Industrial District shall have a gross floor area of not less than 5,000 square feet. The only exceptions to this will be buildings utilized for restaurants.

(4)

Maximum building lot coverage.

(a)

Industrial lots of less than three acres shall have a maximum building coverage on the lot of 30%.

(b)

Industrial lots of three acres or more shall have a maximum building coverage on the lot of 45%. That figure may be increased to 60% if the total gross floor area on the lot is contained within a single building and all portions of loading docks and berths are completely enclosed within the same single building.

(5)

Setbacks. The minimum building setback from any Industrial District boundary or public street right-of-way shall be 50 feet from the right-of-way.

(a)

Interior side yard: 50 feet.

(b)

Rear yard: 50 feet.

(c)

Agricultural/residential and residential boundary: 100 feet.

(6)

Maximum building height. Maximum building height for any structure within the Industrial District shall be 70 feet. Measurement of the height shall commence at the top of the footings.

Access.

(1)

Access to industrial activities shall be allowed only from major collector and/or minor collector streets, or a street specifically designed for such development. Applicants are encouraged to review the town's Comprehensive Plan to determine the functional and jurisdictional road system within the Town of Hudson.

(2)

Curb cuts or road access points within a single industrial site shall not be placed closer than 100 feet to each one. Industrial sites of a small scale shall be encouraged to develop common access drives and access points onto public roads and shall also attempt to share parking facilities.

(3)

Turning lanes and appropriate right-of-way must be provided if the Town Board determines that a turning lane is needed to prevent traffic congestion and to expedite an orderly flow of traffic. Such improvements required by the Town of Hudson shall be built at the expense of the applicant or landowner.

Restrictions, controls and design standards.

(1)

Uses which because of the nature of their operation are accompanied by an excess of noise, vibration, dust, dirt, smoke, odor, noxious gases, glare or wastes shall not be permitted. These residual features shall be considered excessive when they either exceed or deviate from the limitations set forth in the following performance standards in this chapter. Such limitations shall not exceed State of Wisconsin standards as set by the Department of Natural Resources or the Department of Commerce or any other appropriate governmental agency that has review or permit authority.

(a)

Noise. Noise shall be measured on any property line of the industrial tract on which the use is located. All measurements of noise in the Town of Hudson located within the Industrial District shall be in accordance with the standards set forth in § 64-6C of Chapter 64, the Town of Hudson Noise Ordinance.

(b)

Vibration. No use shall at any time cause earth vibrations perceptible beyond the limits of the industrial lot on which the use is located.

(c)

Dust and dirt. Solid or liquid particles shall not be emitted at any point in concentrations exceeding 0.3 grains per cubic foot of the conveying gas or air. For measurement of the amount of particles in gases resulting from combustion, standard corrections shall be applied to a stack temperature of 500° F. and 50% excess air.

(d)

Smoke. Measurement shall be at the point of emission. The most recent Ringelmann Smoke Chart published by the United States Bureau of Mines shall be used for the measurement of smoke. Smoke not darker or more opaque than No. 1 on the chart may be emitted, provided that smoke not darker or more opaque than No. 2 on the chart may be emitted for periods not longer than four minutes in any thirty-minute period. These provisions, applicable to visible gray smoke, shall also apply to visible smoke of a different color but with an apparent opacity.

(e)

Odor. The use shall not, at any time, cause the discharge of toxic, noxious or odorous matter beyond the confines of the principal building in such concentrations as to be detrimental to or endanger the public health, welfare or safety and comfort.

(f)

Glare. Glare, whether directed or reflected, such as from lights, spotlights, parking lot lights or high temperature processes, and as differentiated from general illumination on the site, shall not be a public nuisance and prevent adjacent property owners the reasonable use of their property.

(g)

Liquid wastes. All liquid wastes containing any toxic matter shall be treated in a manner prescribed by the Wisconsin Department of Natural Resources.

(2)

In order to assure compliance with the performance standards as set forth above, the Town Board may require the owner or operator of any industrial use to make, without cost to the Town of Hudson, such investigations and tests as may be necessary, in the town's determination, to show adherence to the above performance standards. Such investigations and tests shall be done by an independent testing organization approved by the Town of Hudson prior to the tests taking place.

Procedure for site plan approval. The Town Board for the Town of Hudson declares that it is necessary and appropriate to require site plan approval of any development in the Industrial District in order to preserve and promote well planned, compatible uses and consistent conditions for all developers, applicants and property owners of industrial property within the Town of Hudson. Site plan approval must first be granted by the Town Plan Commission and then the Town Board prior to a commercial and industrial land use permit being issued and construction commencing.

(1)

Copies of the site plan must be submitted to the Town Clerk at least 15 days in advance of the Town Plan Commission's meeting at which the applicant is seeking consideration and/or approval. In all cases, the site plan must be to scale and contain the same information as is required in § 105-12J, Procedure for site plan approval, in the Commercial District.

(2)

The same procedures, requirements and standards required in § 105-12J of this chapter, Procedure for site plan approval, in the Commercial District, shall also apply within the Industrial District.

§ 105-14 Commercial/Light Industrial District.

The Commercial/Light Industrial District is created for the following purpose:

(1)

To establish a zoning district that because of its location does not lend itself to retail commercial development and likewise, because of its proximity to residential property, also does not lend itself to some uses allowed in the Industrial District. Retail, commercial, nonretail commercial and light industrial uses are allowed in this district.

(2)

To establish and protect locations in which compatible commercial/light industrial uses may be located.

(3)

To protect nuisance-free, nonhazardous commercial/light industrial uses from inappropriate noise, odor, dust, dirt, smoke, vibration, glare and other objectionable influences and from fire, explosion, noxious fumes, radiation and other hazards that are incidental to some industrial uses.

(4)

To provide economic and job opportunities to community residents.

(5)

To establish and maintain high standards of site planning, architecture and landscape design that will create an environment that is attractive to industrial research and development activities within the Town of Hudson.

The following are uses permitted in the Commercial/Light Industrial District. Any use not listed as a permitted use shall be deemed to be a prohibited use.

(1)

Bakeries.

(2)

Barbershops or beauty shops.

(3)

Banks and financial institutions.

(4)

Book and stationery stores.

(5)

Automotive accessory stores, including service, tires and automotive parts.

(a)

(6)

Camera and photographic shops.

(7)

Clothing and dry good stores.

(8)

Drugstores and pharmacies.

(9)

Dry-cleaning and laundry establishments.

(10)

Electrical, household appliance, radio, television and computer sales and service.

(11)

Fabric stores.

(12)

Florist shops.

(13)

Food and convenience shops.

(14)

Furniture and flooring stores.

(15)

Gift, variety stores and antique shops.

(16)

Gasoline stations primarily used by residents and the traveling public operating automobiles as defined in § 340.01(4), Wis. Stats.

(17)

Greenhouse when the primary use is the direct selling of retail goods and items to the public.

(18)

Hardware and paint stores.

(19)

Hotels and motels.

(20)

Interior decorating stores and shops.

(21)

Grocery stores and supermarkets.

(22)

Jewelry stores.

(23)

Health and athletic clubs, including such uses as tennis, racquetball, basketball, swimming, running tracks and exercise rooms.

(24)

Art and photo galleries.

(25)

Liquor stores which are for off-sale only.

(26)

Medical and dental facilities and stores which are related to the medical industry.

(27)

Mortuaries and funeral homes.

(28)

Music stores.

(29)

Office equipment and office supply stores.

(30)

Offices, including both business and professional.

(31)

Optical and eyewear stores.

(32)

Pet shops.

(33)

Photography stores and studios.

(34)

Picture framing and picture stores.

(35)

Restaurants, drive-in restaurants and eating establishments and those having a liquor license.

(36)

Shoe stores and shoe repair shops.

(37)

(Reserved)

(38)

Sporting goods and athletic shops.

(39)

Skating rinks and bowling alleys.

(40)

Theaters, excluding outdoor or drive-in facilities.

(41)

Travel agencies.

(42)

Veterinarian clinics.

(43)

Fiber-optic regeneration plant.

(44)

Campground.

(45)

Cabinet/fixture assembly shop with retail showroom.

(46)

(Reserved)

(47)

Nonresidential day-care facility.

(48)

Self-contained, automatic automobile and light truck vehicle wash.

(49)

(50)

Licensed and accredited private/public vocational school.

(51)

Sales, service, and rental of compact construction equipment under 20,000 pounds, such as skid loaders, and lawn care accessory equipment.

(52)

The following uses, light industrial in nature, may be allowed by special use permit (special exception) as per § 105-33 of this chapter:

(a)

Electrical, plumbing, water, gas or steam fitting shops.

(b)

Manufacturing, compounding, processing, packaging and assembly of products and materials.

(c)

Scientific research, investigation, nonhazardous testing or experimentation.

(d)

(e)

On-site storage of production equipment, materials and trucks and trailers is permissible when such uses are a direct support to the principal use of the site for the manufacturing, compounding, processing, packaging and/or assembly of products and materials.

(f)

On-site storage of product, equipment, materials, trucks, trailers, provided all equipment, materials, trucks, trailers are within a building.

(g)

Shopping centers.

(h)

Tower erection/tower construction business.

(i)

Nonresidential day-care facility.

(j)

Light truck rental.

(k)

Rescue and towing service, excluding salvage yards, and providing that no towed vehicle shall remain on the premises in excess of 90 days, and provided that the number of towed vehicles present not exceed 50, except in cases of weather-related emergencies, which temporarily create a greater number.

(l)

Adult entertainment establishments (per Article X of this chapter).

(m)

Skid loader and accessories business.

(n)

Lawn implement and accessories business.

(o)

Boat sales, boat repair and boat canvas businesses, provided there is no boat storage, other than boats awaiting repair, on site. All boats shall be screened as to not be visible from adjacent lots.

(p)

Sale of new utility, recreational, camper and agricultural trailers and pick-up truck accessories to accommodate fifth wheels.

(53)

Special use permits (special exception) under this section shall go to the parcel of land, not the person.

(1)

A commercial/light industrial use not listed in § 105-14B must first be approved by the Town Board after review and recommendation by the Plan Commission. Any negative vote of the Plan Commission shall require a 2/3 majority vote of the Town Board for approval to be granted. A public hearing must be held prior to Board action to add or delete a use from the Commercial/Light Industrial District. Notice of a hearing for addition or deletion of a use or uses from the Commercial/Light Industrial District shall require a Class 1 notice.

(2)

Refuse containers and garbage dumpsters. All on-site refuse containers and garbage dumpsters shall be located and stored within an accessory structure or screened fence located in the rear yard of the property. Said accessory structure shall have the same exterior finish, materials and colors as the main structure on the property, or at a minimum a structure shall be constructed of decorative concrete block. Under no circumstances shall the walls of the accessory structure or screened fence be less than five feet in height.

(3)

Increased front street and side street setbacks. The required front street or side street setbacks shall be increased to 150 feet from the edge of the right-of-way if the commercial/light industrial lot is located across the street from property located in an Agricultural/Residential or Residence District.

(4)

(5)

Outside storage. All materials, supplies, merchandise and other similar materials not on display for direct sale, rental or lease to the consumer shall be stored within the principal structure, a freestanding building, or be located or screened with an adequate buffer (fence, wall or earth berm) so as not to be visible from any adjoining properties or public streets. In addition, no materials or goods for retail sale to the public shall be allowed to block sight lines of vision of individuals driving cars on public roads. The storage or display of materials for retail sale to the public shall be prohibited within any required front, side or rear yards. At service stations and gas stations no vehicles shall be parked on the premises other than those utilized by employees or those awaiting service. No vehicle shall be parked or awaiting service longer than 21 days. No exterior maintenance or working on vehicles shall occur. All such activities shall occur within the principal structure on the premises.

(6)

Off-street parking. Any change of use, tenancy or occupancy of an existing development, including an addition to an existing building, is subject to requirements of this section.

(a)

All required off-street parking spaces shall be located on the same lot of the principal development.

(b)

(c)

Parking lot aisle minimum width shall be as follows:

Angle of Parking (degrees)	Width of Two-Way Drive Aisle (feet-inches)	Width of One-Way Drive Aisle (feet-inches)
0	22-0	12-0
45	22-0	12-10
60	22-0	14-6
75	24-0	17-10
90	24-0	24-0

(d)

All off-street parking and loading spaces shall have access from driving lanes and not directly from the public street.

(e)

Fire access lanes shall be provided as required by the building or fire code.

(f)

No parking space shall be closer than five feet to any building.

(g)

(h)

No building for which off-street parking space is required may be added to, structurally altered or converted in use so as to encroach upon or reduce the parking space below the required minimum.

(i)

No required parking space may be used for storage, display, sales, rental, repair, or for storage of inoperable vehicles or snow. Spaces may be used for vehicles awaiting service at repair facilities. There shall be no parking spaces in any vision clearance triangle.

(j)

All parking spaces shall be graded and surfaced with a dust-free, bituminous or concrete surface to prevent the accumulation of surface water. Required and proper drainage shall be provided.

(k)

Signage and striping shall be provided for direction of traffic movement.

(l)

Space for loading and unloading cargo shall be provided on the site and shall not interfere with the vehicle circulation for the facility.

(m)

(n)

Theaters, churches, auditoriums, lodges or fraternity halls and similar places of public assemblage shall provide at least one parking space for each seven seats.

(o)

Motels, hotels and lodging houses shall provide at least one parking space for each guest room.

(p)

(q)

Funeral homes and mortuaries shall provide at least one parking space for each 50 square feet of space devoted to parlors.

(r)

Service stations shall provide parking for all vehicles used directly in the conduct of the business, plus two spaces for each gas pump, plus three spaces for each grease rack.

(s)

Public parks and playgrounds shall provide one space for each four persons designed to be accommodated.

(t)

(u)

Any use not specifically named shall be assigned to the most appropriate classification by the Building/Zoning Administrator.

(7)

(a)

(b)

All wiring shall be underground.

(c)

Floodlights and spotlights are not permitted for general lighting purposes.

(d)

All perimeter lighting shall be shielded and aimed so that illumination is directed only to the intended area and not cast on other areas or adjacent properties or roads.

(e)

If building facades are illuminated then they must be full cutoff luminaries attached to the building or in the roof overhang.

(f)

Parking lots shall be uniformly lighted and not shed light on adjacent properties. In no case shall such lighting exceed three footcandles measured at the lot line.

(g)

(h)

Lighting standards shall not exceed 30 feet or the height of the principal building on the lot, whichever is less.

(i)

(j)

Landscape lighting shall use minimum power lamps to achieve architectural objectives, and shall neither cause glare, light trespass, or excessive sky glow.

(8)

Landscaping. All developments are required to have a landscape plan.

(a)

The development should retain existing trees, shrubbery and grasses not located in rights-of-way, drainageways and vision triangles and are to be shown on the landscape plan.

(b)

A minimum of at least 20% of the area within the property lines of each lot shall be devoted to landscape purposes.

(c)

Invasive species are not allowed.

(d)

Buffer area or screening is required as designated elsewhere in this chapter. Berms may be used as per any applicable regulations.

(e)

Any lot that abuts or is across from a residential area shall have perimeter landscape screening that will substantially screen parking areas and headlights from vehicles.

(f)

Landscaped islands are preferred for larger parking lots.

(g)

(h)

Evergreen trees and/or shrubs should be placed to screen service delivery areas, loading docks and outside building service equipment.

Requirements.

All plantings shall be appropriately spaced according to growth requirements of the species.

[4]

Credits will be given for existing trees or shrubs within the property line meeting the minimum standards for new plantings.

[5]

The property owner shall be responsible for maintenance and replacement of items as necessary that are part of the approved landscape plan.

(1)

Each exterior wall finish on any building shall be one or any combination of the following:

(a)

Face brick.

(b)

Natural stone.

(c)

Specifically designed precast concrete units if the surfaces have been integrally treated with an applied decorative or textured treatment.

(d)

Glass.

(e)

Wood.

(f)

Architectural masonry block.

(g)

(2)

(3)

Specific standards for automobile service and gas stations. Section 105-12C(7)(a) and (b) of the Commercial District shall apply.

Lot coverage and lot size.

(1)

(2)

The maximum allowable lot coverage shall be 90% of the lot area minus the minimum required landscaping area.

(3)

(4)

All calculations for site drainage and design for on-site holding of rainfall shall be calculated and completed by a professional registered engineer.

(5)

Commercial uses will have a minimum lot size of one acre and light industrial uses will have a minimum lot size of two acres.

Building height. No building erected, moved or structurally altered within the Commercial/Light Industrial District shall exceed a height of 45 feet or three stories. Measurement of height shall commence at the top of the footings.

Requirements on setbacks, yards and turn lanes. The minimum building setback from any Commercial/Light Industrial District boundary or public street right-of-way shall be 50 feet from the right-of-way.

(1)

Building setbacks.

(a)

Interior lot line: 15 feet.

(b)

Agricultural/Residential or residential boundary: 100 feet.

(2)

Parking lot or circulation drive setbacks.

(a)

Minor arterial street (Class B): 25 feet.

(b)

Major collector street (Class C): 15 feet.

(c)

Minor collector street (Class D): 15 feet.

(d)

Local interior street (Class E): 15 feet.

(e)

Interior lot line: 10 feet. Town Board may approve zero foot setback at site plan approval with proper justification and local Fire Department positive recommendation.

(f)

Agricultural/Residential or residential boundary: 50 feet.

(3)

Subsection G(1) and (2) above are minimum standards. The Town Board may, taking into consideration a specific circumstance, require larger setbacks.

(4)

Lots located within Section 21 of Township 29 North, Range 19 West, St. Croix County, Wisconsin recorded as the St. Croix Industrial Park plat within the Town of Hudson and generally located west of CTH U, south of CTH A and adjacent to Schommer Drive shall be subject to the following building setbacks:

Front yard: 50 feet.

Side yard: 30 feet.

Rear yard: 30 feet.

Turning lanes and appropriate right-of-way must be provided if the Town Board determines that a turning lane is needed to prevent traffic congestion and to expedite an orderly flow of traffic. Such improvements required by the Town of Hudson shall be built at the expense of the applicant or landowner.

Screening of yards visible from residence districts. Yard areas established under this chapter for commercial/light industrial property shall be screened from view of residence or agricultural/residential districts by plantings, earth berms, fencing, or combinations thereof. Any means used to screen commercial or light industrial properties shall be aesthetically compatible with surrounding residential properties and allow for reasonable use and enjoyment of the residential property by the occupants. All plans for screening of the commercial or light industrial properties shall first be reviewed by the Town Plan Commission with a recommendation forwarded to the Town Board. The Town Board shall have final approval of the screening for ongoing maintenance, repair and necessary replacement of the screening methods utilized to assure ongoing compliance with the original approval granted by the Town of Hudson.

Procedure for site plan approval.

(1)

The Town Board for the Town of Hudson declares that it is necessary and appropriate to require site plan approval of any development in the Commercial/Light Industrial District to preserve and promote attractive, well-planned and consistent conditions for all applicants and property owners. Site plan approval must be first granted by the Town Plan Commission and then the Town Board prior to any permit being issued and construction commencing. Any negative recommendation by the Town Plan Commission shall require a 2/3 majority vote of the Town Board for approval to be granted. Upon approval of the Town Board, a commercial and industrial land use permit shall be issued to the applicant.

(a)

[1]

Name of the project and development.

[2]

Location of the project/development.

[3]

Location map, including areas within 1/4 mile of the site.

[4]

North arrow.

[5]

Name and mailing address of the owner(s) and applicant.

[6]

Date the plan was prepared.

[7]

Boundary line of the property with dimensions.

[8]

Existing and proposed topographic contours at a minimum interval of two feet.

[9]

Date of the survey utilized for the boundary description and topography.

[10]

Total acreage within the proposed development.

[11]

Existing zoning classifications if any rezoning is requested.

[12]

Lot numbers and dimensions of lots to the nearest foot.

[13]

Any public land or parks that are proposed or in existence.

[14]

On-site street and street rights-of-way.

[15]

Adjacent streets and street rights-of-way.

[16]

Utilities and utility rights-of-way or easements.

[17]

Location of all buildings and structures either existing or proposed.

[18]

Parking facilities and layout of parking spaces.

[19]

Traffic flow indicating ingress and egress from site.

[20]

Sidewalks, walkways, driveways, loading areas and docks.

[21]

Exterior refuse and garbage storage areas.

[22]

Site drainage.

[23]

Surface water holding ponds, drainage ditches and drainage patterns.

[24]

Culverts, including invert elevations and description as to type and location.

[25]

Landscaping (detailed plans showing plantings, equipment, berming, materials, walls, etc.).

[26]

Exterior lighting indicating type, locations and height.

[27]

Exterior signage showing type, locations and size.

[28]

Location and size of existing water bodies on the property.

[29]

Number of employees anticipated once the property is fully developed for commercial use.

[30]

Location of proposed septic system well for water.

Any restrictive covenants that the owner or applicant is proposing for the property must be provided prior to any approval being granted by the Town Board.

Review and recommendation by the Town Plan Commission.

(a)

In considering site plans submitted by the applicant for site plan approval under this Zoning Code, the Town Plan Commission shall consider the following: interrelationship with the site plan elements to conditions both on and off the property; conformance with the township's Comprehensive Plan; the impact of the site plan and development on the existing and anticipated traffic and parking conditions; the adequacy of the site plan with respect to surrounding land uses; pedestrian and vehicular ingress and egress from and to the site; landscaping; lighting; provisions for utilities; architectural and engineering features; site drainage; site grading; signage; setbacks; screening and other related matters as determined by the Town of Hudson to be appropriate for review and approval.

(b)

(c)

During review of plans from any applicant the Town Plan Commission shall consider the oral and written statements from the applicant, the public, staff members or its own Commission members.

(4)

(5)

Road standards within the Commercial/Light Industrial District. The Town of Hudson shall require all roads constructed within the Commercial/Light Industrial District to meet minimum road standards as determined by the Town of Hudson and St. Croix County. Standards to be utilized by the Town of Hudson when site plans and developments are reviewed will be those standards in effect at the time the applicant submits plans for approval by the Town Board. Road standards that are adopted by the Town of Hudson shall consider such items as the amount of traffic, type of traffic, proposed and existing land uses, density of the development and drainage patterns.

(6)

Restrictions, controls and design standards.

(a)

[1]

[2]

Vibration. No use shall at any time cause earth vibrations perceptible beyond the limits of the industrial lot on which the use is located.

Liquid wastes. All liquid wastes containing any toxic matter shall be treated in a manner prescribed by the Wisconsin Department of Natural Resources.

§ 105-14.1 Planned Unit Development District.

Statement of purpose. The Planned Unit Development District is created for the following purpose:

(1)

To establish a zoning district that provides an alternative to allow limited flexibility in regards to design and development standards that are more compatible within designated areas as identified.

(2)

To provide another housing alternative, for community residents as noted in the Comprehensive Plan.

(3)

To provide a transition area adjacent to the City of Hudson or Village of North Hudson commercial/industrial zones and the Town residential or agricultural/residential zones to facilitate possible future need for public utilities.

Permitted uses are those uses expressly permitted in the underlying zoning district, not including special exceptions.

The following uses may be allowed as special exceptions in accordance with § 105-33:

(1)

Multiunit independent senior living facilities and related amenities.

(2)

Multiunit temporary limited care living facilities and related amenities.

(3)

Multiunit assisted living facilities and related amenities.

(4)

Multiunit skilled nursing living facilities and related amenities.

Minimum general requirements.

(1)

The land area shall be a minimum of five acres and shall be one parcel prior to any permits being issued.

(2)

The development shall have access which connects the development parcel to a public street, road or highway built minimally to Town and County standards.

(3)

The development shall be adjacent to or within 200 feet of commercially or industrially zoned property.

(4)

The development shall be wholly, or in part, within 500 feet of the boundary of the Village of North Hudson or the City of Hudson.

(5)

Ownership of the development area shall be by a legal entity, such as an individual, corporation, partnership or trustee.

(6)

Rezoning is required in accordance with § 105-38. Due to the nature of this type of development, the rezoning and development plan approval may be done concurrently.

(7)

All Town, city, county, state and federal codes as applicable shall be adhered to.

(8)

The underlying zoning district standards shall apply if not specifically addressed in this section.

Height. No building shall be more than 40 feet in height. Measurement of the height shall commence from the lowest grade to the highest point of structure, not including antennae, chimneys, etc.

Setbacks. Setbacks shall be approved on a case-by-case basis for each planned unit development. However, any side yard setback for any building shall not be less than 50 feet, any rear yard setback for any building shall not be less than 50 feet, and any front yard setback for any building shall not be less than 50 feet. Highway setbacks shall apply as applicable.

Lot coverage. In order to provide for adequate open space and drainage, impervious hardscape improvements shall not exceed 40% of the development area.

Development plan approval. Plan Commission recommendation and Town Board approval is required prior to any permit being issued and construction commencing. Any negative recommendation by the Plan Commission shall require a 2/3 majority vote of the Town Board for approval to be granted. In all cases, the Town Board shall find the following conditions present:

(1)

The establishment of the use will not be detrimental to or endanger the public health, safety, morals, comfort or general welfare.

(2)

The uses, values and enjoyment of other property in the neighborhood shall be in no foreseeable manner substantially impaired or diminished by the establishment of the use.

(3)

The establishment of the use will not impede the normal and orderly development of the surrounding property for permitted uses.

(4)

Adequate utility access roads so designed as to minimize traffic congestion or other hazards on public streets or highways.

(5)

Stormwater retention, drainage and other necessary site improvements as certified by a registered professional engineer for the State of Wisconsin and reviewed by the St. Croix County Planning and Zoning Department and the St. Croix County Land and Water Conservation Office.

Costs.

(1)

A cost reimbursement and security agreement shall be in place prior to the review of the application. This is to assure that the developer will preserve the right to develop the property as provided in the approved plan and the agreement. All expenses related to the planned unit development are to be borne by the owner/developer, including, but not limited to, attorney's fees, engineer's fees, city and County review, and legal publication requirements. The agreement is subject to modification based on the outcome of the review of the plans.

(2)

Developer's agreement. Prior to commencing any kind of grading or construction of the development site, the developer shall enter into a developer's agreement with respect to the planned development which shall detail the responsibilities assumed by the developer, including, but not limited to, costs such as professional fees incurred by the Town and an irrevocable letter of credit or financial assurance in an amount necessary to pay the costs of the roads and other infrastructure requirements of the development.

Application process. In conjunction with the provisions of § 105-38, the following is required:

(1)

Site plan. Site plan approval must first be granted by the Plan Commission and then the Town Board prior to any permit being issued and construction commencing. Copies of the site plan with the date prepared and certified by a registered professional engineer for the State of Wisconsin must be submitted to the Town Clerk at least 15 days in advance of the Plan Commission or Town Board meeting at which the applicant is seeking approval. The site plan shall be to scale and provide the following information:

(a)

Name and address of the owner, developer and engineer.

(b)

Legal description of existing site and description of any proposed change to meet the minimum requirements.

(c)

Location of the development area including dimension of property boundaries.

(d)

Location map showing the development parcel and surrounding properties within 1/4 mile of the site, a North arrow, total acreage within the development and public access and right-of-way width.

(e)

Existing and proposed topographic contours and drainage patterns at a minimum interval of two feet. Include any won-site surface water control and retention systems, holding ponds, drainage ditches and drainage patterns.

(f)

Existing zoning classifications of the development and surrounding parcels.

(g)

Open space with intended use(s) reserved for the use of all residents.

(2)

Preliminary development plan. Copies of the development plan with the date prepared must be submitted to the Town Clerk at least 15 days in advance of the Plan Commission or Town Board meeting at which the applicant is seeking approval. The development plan shall be to scale and provide the following information:

(a)

Name, address and contact information of the owner, developer and engineer.

(b)

Name of the development.

(c)

Location of main building(s) and any accessory building(s) including setback distance from all property boundaries.

(d)

Style, number of dwelling units, density and type per building.

(e)

Proposed use of any related on-site facilities.

(f)

Off-street parking that shall have at least one parking space for each dwelling unit, a parking space for each required staff member taking shifts into consideration with enough spaces for the highest number used, and adequate visitor parking spaces including required handicap parking. Any parking space(s) included in any structure(s) shall be included as part of the off-street parking requirements. Plan to show location, size and number of all parking spaces.

(g)

Traffic plan within the development with ingress and egress from site including width of roadway(s) and width of paved areas with construction details; also include any sidewalks, walkways, driveways and loading/unloading areas for deliveries.

(h)

Statement of method of disposing of refuse and recyclables and location of any containers including exterior storage facilities. All on-site refuse containers and garbage dumpsters shall be located totally within a principal building or shall be enclosed in a screened fence.

(i)

Location of well, septic, sign(s) and lighting.

(j)

Proposed landscape plan including, but not limited to, shrubs, trees, fences, retaining walls and berms.

(3)

Additional items.

(a)

Ownership/management. Statement of present and proposed ownership/management plans for the project.

(b)

Schedule. Development schedule identifying phases with anticipated beginning and completion dates.

(c)

Covenants. Proposed agreements or covenants for use, maintenance and ongoing preservation of open space and the overall development.

(d)

Number of employees required and anticipated.

(4)

Final development plan. Review of any revisions needed to the cost reimbursement and security agreement shall be completed. In addition to any items required with the preliminary site and development plans, the following shall be provided:

(a)

Any items as required by the Plan Commission and Town Board.

(b)

Exterior finish materials of all structures.

(c)

Complete detailed architectural and engineering plans.

(d)

An updated schedule if applicable.

(e)

Upon final approval of the final development plan, the developer shall cause the development plan to be recorded with the St. Croix County Register of Deeds and shall submit written proof of such recording to the Town.

(5)

Revisions and/or changes to the planned unit development. Development shall be done in accordance with the approved final plan and all supporting data. The final plan and supporting data shall be binding on the applicants, their successors, grantees and assigns and shall limit and control the use of the premises and location of structures within the planned unit development.

(a)

Minor changes. The Plan Commission and Town Board may approve changes in nature that do not change the concept or intent of the development without going through the preliminary plan approval and hearing process.

(b)

Major changes. Changes which alter the concept or intent of the planned unit development, including but not limited to increases in the density, change in location and types of buildings, changes to open space areas, changes to the traffic plan, changes to the drainage plan, and changes in covenants require a preliminary plan review, public hearing to amend the special exception and final plan review.

(c)

Schedule. Any amendments to the construction schedule shall be submitted to the Town Clerk. If any phase of the construction is or will be more than one year behind schedule, the developer shall provide an updated schedule with an explanation for the Plan Commission and Town Board to consider extension and which shall require Town Board approval.

§ 105-15 Nonconforming uses.

General limitations. When any structure or the use of any structure or premises has become a nonconforming use as defined in § 105-35, such use may continue subject to the following limitations:

As long as no structural alterations are made, a nonconforming use of a building may be changed to another nonconforming use of the same or a more restricted classification. Once a nonconforming use has been changed to a more restricted nonconforming use or a conforming use, such use shall not thereafter be changed to a less restricted use.

No nonconforming use shall be expanded, enlarged or altered in any way which increases its nonconformity.

Nonstructural alteration, addition or repair to any nonconforming structure over the life of the structure shall not exceed 50% of its market value at the time of its becoming a nonconforming use, unless the structure is permanently changed to a conforming use.

If any structure containing a nonconforming use is destroyed or damaged by any means to an extent of 50% or more of its market value, it shall not be reconstructed except in conformity with the provisions of this chapter.

If any nonconforming use is discontinued for 12 consecutive months, any future use of the structure or premise shall conform to this chapter.

Uses or adjuncts thereof which are or become nuisances shall not be entitled to continue as nonconforming uses.

Except as provided in Subsection F, any use which has been permitted as a special exception shall not be considered as a nonconforming use.