All uses, buildings and structures permitted
pursuant to this chapter shall conform to the performance and design
standards set forth in this chapter. Said standards are determined
to be the minimum code as set forth in this chapter.
A.
Except as provided by a certificate of compliance
or a conditional use permit issued pursuant to this chapter, there
shall be no more than one residential dwelling unit on any one parcel
of land.
B.
Certain dwelling units prohibited. No cellar, garage,
recreational vehicle or trailer, basement with an unfinished exterior
structure above or accessory building shall be used at any time as
a dwelling unit. The only exception to this shall be earth-sheltered
dwelling units complying with the Wisconsin Administrative Code.
C.
Principal buildings with more than one use in which
one of those uses is a dwelling unit shall require a conditional use
permit.
D.
All principal buildings hereafter erected on unplatted
land shall be so placed as to avoid obstruction of future street or
utility extensions and shall be so placed as to permit reasonable
anticipated future subdivisions and future land use.
E.
All principal buildings shall meet or exceed the minimum
standards of the Wisconsin Administrative Code.
F.
The keeping of animals inside the dwelling unit, except
for domesticated pets, shall be prohibited.
G.
All existing principal buildings in residential districts
with nonwinterized construction or nonconforming year-round on-site
sewage treatment systems not meeting Department of Natural Resources
standards shall be considered seasonal principal buildings. No building
permit shall be issued for the expansion of a seasonal principal building
to a continuous year-round (365 days) habitable dwelling unit unless
the existing building conforms to all the zoning and building requirements
of the City of Hudson and the applicable State of Wisconsin requirements
after the improvements.
H.
Any alterations, modifications or enlargements to
an existing seasonal principal building for the purpose of continuing
the seasonal use shall require a certificate of compliance.
A.
ACCESSORY DWELLINGS
AGRICULTURAL FARM BUILDING
DETACHED DOMESTICATED FARM ANIMAL BUILDING
DETACHED RURAL STORAGE BUILDING
DETACHED SINGLE-FAMILY AND TWO-FAMILY RESIDENTIAL GARAGE
STORAGE OR TOOL SHED
Types of accessory buildings: storage or tool shed,
detached single-family and two-family residential garage, detached
rural storage building, detached domesticated farm animal building
and agricultural farm building. Said accessory buildings are defined
as follows:
A dwelling unit located above and as part of a detached accessory
one- and two-family residential garage.
[Added 7-5-2011 by Ord. No. 12-11]
An accessory building used or intended for use on an active
commercial food-producing farm operation of more than 10 acres.
A one-story accessory building used or intended for the shelter
of domestic farm animals and/or related feed or other farm animal
supportive materials.
A one-story accessory building used or intended for the storage
of hobby tools, garden equipment, workshop equipment, etc. Exterior
materials shall be similar to the principal structure in exterior
color or be of an earthen tone.
A one-story accessory building used or intended for the storage
of motor-driven passenger vehicles with a maximum gross area of 1,000
square feet and a maximum roof height of 20 feet. No door or other
access opening shall exceed 10 feet in height. Sidewall height shall
not exceed 12 feet. Height of garages may exceed 20 feet, and the
area of the garage may exceed 1,000 sq. ft., but not more than 12%
of the lot area with a maximum area not to exceed 1,320 square feet,
upon approval of a conditional use permit. The exterior color, design
and/or materials shall be similar to the principal building.
[Amended 9-18-2000 by Ord. No. 14-00]
A one-story accessory building of less than 120 square feet
gross area with a maximum roof height of 12 feet and exterior colors
or material matching the principal structure or utilizing earthen
tones. No door or other access opening in a storage or tool shed shall
exceed 50 square feet in area.
B.
A toolshed as defined in this chapter may be placed
on any lot in addition to the permitted number of accessory buildings
and may be set within five feet of any side or rear lot line.
C.
No accessory building or use shall be constructed
or located on a lot until a building permit has been issued for the
principal building to which it is accessory.
D.
No residential private garage used or intended for
the storage of passenger vehicles shall exceed 1,000 square feet of
gross area, nor shall any access door or other opening exceed the
height of 10 feet, nor shall any structure exceed 20 feet in height,
nor shall any sidewall exceed 12 feet in height. Height of garages
may exceed 20 feet, and the area of the garage may exceed 1,000 square
feet, but not more than 12% of the lot area with a maximum area not
to exceed 1,320 square feet, upon approval of a conditional use permit.
[Amended 9-18-2000 by Ord. No. 14-00]
E.
An accessory building shall be considered as an integral
part of the principal building if it is located 10 feet or less from
the principal building. The exterior design and color shall be similar
to the principal building or be of an earthen tone.
F.
No accessory building in a commercial or industrial
district shall exceed the height of the principal building except
by conditional use permit.
G.
No accessory buildings in multiple-family developments
shall exceed the height of the principal building except by conditional
use permit.
I.
No detached garages or other accessory buildings in
residential districts shall be located nearer the front lot line than
the principal building on that lot except in planned unit developments
or cluster developments.
J.
Accessory structures located on lake or river frontage
lots may be located between the public road and the principal structure,
provided that the physical conditions of the lot require such a location
and a conditional use permit is issued. In no event, however, shall
the structure be located closer than 20 feet to the public road right-of-way.
K.
Houseboats and buildings used as shelters and fishing
platforms during open water months are considered accessory structures
for purposes of this chapter. All houseboats dry-docked outside of
a marina area for a period of more than 30 days shall require a certificate
of compliance. Said permit shall show the owner's address, boat license
number, whether the boat is to be used as a seasonal residence and,
if so, for what period of time during the year, type of sanitary sewage
facility, water supply and a plot plan showing the method of access
to a public road. Each houseboat shall have one off-street parking
space within 400 feet of the houseboat. No houseboat shall be used
as a permanent residence, whether in a marina or not.
L.
Ice fishing houses stored on parcels of land during spring, summer and fall months shall be considered as an accessory storage building equivalent to a storage shed. Ice fishing houses shall meet all existing setback and size limitations contained in § 255-22 and other provisions of this chapter.
M.
All accessory buildings over 35 square feet in area
shall have a foundation or concrete slab and shall be anchored to
such. Buildings larger than 120 square feet shall require a building
permit regardless of improvement value of the structure.
N.
All accessory buildings shall be located in areas other than the required yards, except for rear yards, in which case storage and tool sheds may be located no closer than five feet of the rear property line. All other necessary structures shall conform to the setback requirements for accessory buildings in § 255-22 of this chapter.
O.
A conditional use permit is required for approval
and construction of a detached domesticated farm animal building on
parcels between five and 20 acres. An application for a conditional
use permit and public hearing to construct a detached domesticated
farm animal building shall include the following:
(1)
An aerial photo or plat plan illustrating within 500
feet of the proposed structure all adjacent property lines, houses,
septic systems, fences, wells, animal buildings and other structures
and feed storage area; all extensions and driveway accesses to the
proposed building; and all manure storage and disposal areas.
(2)
A written soil inventory and evaluation from the St.
Croix County Soil and Conservation Agent, especially concerning soil
erosion and nutrient filter ability.
(3)
Eight-and-one-half-foot deep soil boring results at
each of the corners of the proposed feedlot or corral area.
(4)
Details of the building floor plan, elevations and
color of the structure, as well as the exterior materials.
P.
Performance standards for agricultural farm buildings
and detached domesticated farm animal buildings on parcels of more
than five acres shall include the following:
(1)
Setbacks. All animal buildings, feedlots and manure
storage or disposal sites shall be set back as follows:
|
Natural or Man-Made Feature
|
Minimum Horizontal Setback
(feet)
| |
|---|---|---|
|
Any property line
|
100
| |
|
Any existing well, septic system or residential
structure on the same parcel
|
50
| |
|
Any existing well, septic system or residential
structure on an adjacent or nearby parcel
|
200
| |
|
Any wetland or body of water
|
200
|
(2)
Slopes. Said building, feedlot or manure storage or
disposal site shall not be placed on slopes which exceed 13%.
(3)
Evidence of the seasonally high groundwater level
or mottled soil (as established by eight-and-one-half-foot borings)
shall not be closer than 6 1/2 feet to the natural surface ground
grade in any area within 100 feet of the proposed building and/or
feedlot.
(4)
No marsh or wetland (as established by the predominant
wetland vegetation and/or soils) shall be utilized for placement of
the proposed structure, feedlot or grazing area.
Q.
Accessory dwellings may be allowed upon review and approval of a conditional use permit by the Common Council, per § 255-76, Conditional use permits. Development standards include:
[Added 7-5-2011 by Ord. No. 12-11]
(1)
Dwelling unit can be no larger than 1,000 square feet in area.
(2)
Lot area must be a minimum of 9,000 square feet.
(3)
One off-street parking stall must be provided for the accessory dwelling
unit.
(4)
The detached garage/accessory dwelling unit must be located in the
side or rear yard.
(5)
The dwelling unit must comply with the Wisconsin One- and Two-family
Dwelling Code.
(6)
The applicant must demonstrate that public water and sanitary sewer
services can be provided to the accessory building.
(7)
Accessory dwellings shall not have roof dormers that face the adjacent
property if the detached garage/accessory dwelling is located closer
than six feet to the property line.
(8)
The detached garage/accessory dwelling may not be sold separately
from the principal residence.
(9)
An accessory dwelling is permitted only if the owner occupies either
the primary residence or the accessory dwelling.
(10)
An affidavit is required to be recorded at the St. Croix County
Register of Deeds office that the primary residence or accessory dwelling
must be occupied by the property owner.
No public use or convenience structure shall
be located within the public right-of-way except by a certificate
of compliance, issued by the Planner/Zoning Administrator and Public
Works Superintendent. Such structures shall include but not be limited
to trash containers, institutional direction signs, bicycle racks,
benches, planting boxes, awnings, flagpoles, bus shelters, telephone
booths, light standards, stairs, stoops, light wells, newspaper storage
containers, mailboxes for private mail delivery firms, loading wells,
signs and others. Such structures do not include public utility facilities.
[Amended 5-1-2000 by Ord. No. 9-00]
A.
In all districts, all personal property shall be stored
within a building or fully screened so as not to be visible from adjoining
properties and public streets. That standard applies except for the
following: clotheslines, recreational equipment, landscaping materials
and construction equipment currently (within a period of 12 months)
being used on the premises, agricultural equipment and off-street
parking of licensed passenger automobiles and pickup trucks. Boats
and unoccupied trailers less than 25 feet in length are permissible
if stored in the rear yard more than 10 feet distant from any property
line. Existing uses shall comply with this provision within 12 months
following enactment of this chapter.
B.
In nonresidential districts, exterior storage of personal
property may be permitted by conditional use permit, provided that
any such property is so stored for purposes relating to a use of the
property permitted by this chapter and will not be contrary to the
intent and purpose of this chapter.
C.
In all districts, all waste, refuse or garbage shall
be kept in an enclosed building or properly contained in a closed
container designed for such purposes. The owner of vacant land shall
be responsible for keeping such land free of refuse and weeds. Existing
uses shall comply with this provision within 90 days following the
effective date of this chapter.
D.
All exterior storage not included as a permitted accessory
use or a permitted use or included as part of a conditional use permit
or otherwise permitted by provisions in this chapter shall be considered
as refuse.
A.
All uses, buildings and structures shall conform to
the Wisconsin Department of Natural Resources regulations as they
relate to air, water, noise and disposal of solid wastes.
B.
Tributary pollution. No use shall be permitted which
will cause or result in the pollution of any tributary to the St.
Croix River or any lake, stream or other body of water within the
City of Hudson.
C.
Chemical insecticides or herbicides shall be stored,
handled and utilized as per the standards set forth by the Wisconsin
Department of Natural Resources.
A.
Screening shall be required in residential zones where:
B.
Where any business or industrial use (structure, parking
or storage) is adjacent to property zoned or developed for residential
use, that business or industry shall provide screening along the boundary
of the residential property. Screening shall also be provided where
a business, parking lot or industry is across the street from a residential
zone. Screening is not necessary on the front side of a business or
industry.
C.
All exterior storage shall be screened in a business
or industrial zone. The only exceptions are merchandise being displayed
for sale, materials and equipment currently being used for construction
on the premises and merchandise located on the pump islands of service
stations.
D.
The screening required in this chapter shall consist
of earth mounds, berms or ground forms, fences and walls, landscaping
(plant materials) or landscaped fixtures (such as timbers) used in
combinations or singularly so as to block direct visual access to
an object. All screening shall be required to be shown on all site
plans and construction documents approved by the City of Hudson.
[Amended by Ord. No. 4-94; Ord. No. 42-94; 12-1-2003 by Ord. No. 14-03]
A.
Landscaping standards and requirements.
(1)
No building permit shall be issued until the required
landscaping plan has been submitted and approved, and no certificate
of occupancy shall be issued until the landscaping is completed as
certified by an on-site inspection by the Building Inspector, Zoning
Administrator, or other designated official, unless a financial guarantee
acceptable to the City has been submitted.
(2)
The City may allow an extended period of time for
completion of all landscaping if the delay is due to conditions which
are reasonably beyond the control of the developer. Extensions may
not exceed nine months, and extensions may be granted due to seasonal
weather conditions. When an extension is granted, the City may require
such additional security and conditions as it deems necessary.
(3)
In the event the project concerned required a public
hearing, a final approval of the landscape plan shall not be made
until that public hearing is held and the plan approved by the City.
(4)
For new construction and/or new site development in
multiple family, office, commercial or industrial districts, at least
20% of the lot area shall be landscaped with grass, approved ground
cover, shrubs and trees and with trees on the street frontage(s) between
roadway and building. Frontage shall be considered an area 10 feet
in depth running the length of the lot abutting a public or private
street of the lot. All areas not designated for buildings shall be
graded to provide property stormwater drainage, and except for areas
for parking, driveways or walkways or storage shall be landscaped
with trees, shrubs and/or acceptable ground cover. Each side and rear
yard shall have a minimum of 10 feet of landscaped area.
B.
Landscape plans.
(1)
Complete landscape plans shall be prepared and signed
by a landscape architect, nurseryman or professional site planner
with educational training or work experience in land analysis and
site plan preparation. These plans shall include:
(a)
Details of all proposed vegetative landscaping
materials, including placement, common and botanical names, caliper/height
or container size and quantity.
(b)
Details of proposed nonvegetative landscaping
and screening materials.
(c)
Planting and construction schedule for completion
of landscaping and screening plans.
(d)
Estimated costs of the proposed landscaping.
(2)
The final landscaping plan must be approved by the
Common Council at the time of development plan approval, unless the
Common Council allows a submittal of landscape plans at a later time
as part of the conditions of development plan approval.
(3)
Developments may apply for a conditional use permit to have landscape plans considered which do not meet the requirements of this chapter. The provisions of § 255-76 for considering a conditional use permit application shall apply. A decision to approve or deny a conditional use permit shall be made on the evidence, as presented to the Plan Commission and/or Common Council regarding the effects of the proposed landscaping plan on the existing landscape, the character of the neighborhood, the safety of the general public, and the applicant's statement of the specific reasons why the development cannot comply with the landscaping requirements established in this section.
C.
Required trees.
(1)
Developments are required to have a minimum of one
overstory deciduous or coniferous free 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 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)
Side and rear wall sections of buildings greater than
100 feet in length are required to have one overstory tree for every
30 feet of length of the wall, for each individual wall. The trees
may be clustered with no more than 20% of the lineal wall area left
open to view, but not spaced more than 80 lineal feet apart.
(4)
One understory tree can be substituted for every 0.5
overstory deciduous shade tree. In no case shall understory trees
exceed 50% of the required number of trees.
(5)
A minimum of 30% of the trees required shall be coniferous,
but not more than 60%.
(6)
Tree plantings must be a minimum of 15 lineal feet
apart.
(7)
Credits will be given for each existing tree located
in the forty-foot area abutting public or private streets that meets
the minimum standard for new trees. No credit for existing trees more
than 40 feet from the property lines abutting public or private streets
may be used to offset trees that are required.
D.
Required shrubs, lawns and ground covers:
(1)
One shrub for every 50 feet of site perimeter.
(2)
All open areas of a site not occupied by building,
parking, walkways, driveways, or storage shall be covered with grass,
approved ground cover and/or approved landscape materials. Ground
cover shall be planted in such a manner as to present a finished appearance
and reasonably complete coverage within 12 months after planting,
with proper erosion control during plant establishment period. In
certain cases, ground cover may also consist of wood, mulch, rocks,
pebbles and similar landscape material, if approved by the Zoning
Administrator.
E.
Protection of existing trees. Protection of existing
trees during development shall be indicated on grading and landscape
plans submitted for plan review. Required protective measures include:
(1)
Installation of snow fencing or safety netting placed
at the drip line or at the perimeter of the critical root zone, whichever
is greater, of significant trees, specimen trees, and significant
woodlands to be preserved. No grade change, construction activity,
or storage of material shall occur within this fenced area.
(2)
Installation of retaining walls or tree wells to preserve
trees must be no closer than the drip line or at the critical root
zone, whichever is greater.
(3)
Placement of utilities in common trenches outside
of the drip line of significant trees or use of tunneled installation.
(4)
Transplanting of significant trees into protected
area(s) for later moving into permanent sites within the construction
area
F.
Maintenance.
(1)
The property owner shall be responsible for maintenance and replacement of trees, shrubs, grass, ground covers and sod which are part of the approved landscape plan. If any such plant materials are not maintained or replaced, the City may utilize the required surety to replace the newly planted or protected landscaping or to deem this to be a nuisance and proceed with abatement and recovery of cost upon notice in accordance with the provisions of Municipal Code, Chapter 175, Nuisances.
(2)
The owner is responsible for keeping trees in a plumb
position. When staking or securing trees is done, it shall occur so
as not to create any hazards or unsightly obstacles.
(3)
Plants must be maintained to be kept in sound, healthy
and vigorous growing conditions and free of disease, insect eggs and
larvae.
G.
Landscape surety. The owner shall provide the City
with a cash deposit or approved letter of credit to guarantee the
proper installation and vigorous growth of all landscape improvements
proposed in the approved landscape plan. Said surety shall remain
in effect for two full growing seasons. A growing season shall be
considered a period from May 1 to September 30. The first year, the
amount of the surety will be equal to 100% of the estimated cost of
plant material, installation and tree preservation. The second year,
said surety will be reduced to 50% of the estimated costs of plant
or plant material, installation and tree preservation. Such surety
shall be filed with the City Finance Officer.
In all zoning districts, all structures, landscaping
and fences shall be reasonably maintained so as to avoid health or
safety hazards and to prevent a degradation and decrease in the value
of adjacent properties.
A.
The traffic generated by any use shall be controlled
so as to prevent congestion of the public streets, traffic hazards
and excessive traffic through residential areas, particularly truck
traffic. Internal traffic shall be so regulated as to ensure its safe
and orderly flow. Traffic into and out of business and industrial
areas shall in all cases be forward moving with no backing into public
streets. All developers shall design site plans and subdivisions that
handle all backward traffic internally on the property and do not
require the use of public streets for backward movement.
B.
On any corner lot, nothing shall be placed or allowed
to grow in such a manner as materially to impede vision between a
height of 2 1/2 and 10 feet above the center line grades of the
intersecting streets within 15 feet of the intersecting street right-of-way
lines. This restriction shall also apply to the planting of crops
and to yard grades that result in elevations that impede vision within
15 feet at any intersecting street right-of-way line.
[Amended 4-4-2001 by Ord. No. 4-01]
A.
Fueling facilities. Storage of gasoline or diesel fuels shall not be permitted unless a conditional use permit is approved by the City of Hudson per the procedures identified in § 255-76 for quantities of up to 10,000 gallons in total for the purpose of fueling vehicles exclusively operated for the related use of the property. Storage of gasoline or diesel fuels shall be subject to all local, state and federal requirements. The Common Council may approve, through application of a conditional use permit, quantities greater than 10,000 gallons for commercial gasoline and diesel fuel service stations.
B.
Industrial and commercial storage.
(1)
Industrial and commercial uses associated with storage of over 660 gallons in total of flammable or combustible liquids shall not be permitted unless a conditional use permit is approved by the City of Hudson per the procedure identified in § 255-76. Storage of flammable or combustible liquids shall be incidental to the primary use of the property. Conditional use permit approval shall be discretionary. A decision to approve or deny a conditional use permit shall be made on the evidence, as presented to the Plan Commission and Common Council, regarding the potential detrimental effect such storage of a type and quantity of flammable or combustible liquid may have on the suitability of development, neighborhood character and the safety of the general public. All storage of flammable or combustible liquids shall comply with the Wisconsin Commercial Code, Chapter 10; the National Fire Protection Association (NFPA) Code, Chapter 30; and other state and federal requirements.
(2)
Businesses storing flammable or combustible liquids
shall provide information regarding the type, quantities, location
of storage, suppression and containment systems with the Hudson Fire
Department. Storage sites will be periodically reviewed for code compliance.
C.
Warehousing. Occasional warehousing (not the primary purpose of the warehousing facility) of flammable or combustible liquids for a period of up to 120 days shall require a notice of the materials to be warehoused to be filed with the Hudson Fire Department. Storage of flammable or combustible liquids for a period greater than 120 days shall require approval of a conditional use permit by the City of Hudson per the procedure identified in § 255-76. Warehousing of flammable or combustible liquids for any length of time shall be in compliance with the Wisconsin Commercial Code, Chapter 10; the National Fire Protection Association (NFPA) Code, Chapter 30; and other state and federal requirements.
D.
Commercial and industrial on-site resale. Storage
of flammable or combustible liquids for commercial on-site resale
shall be in compliance with Wisconsin Commercial Code, Chapter 10;
National Fire Protection Association (NFPA), Chapter 30; and other
state and federal regulations.
No activities involving the storage, use or
manufacture of materials or products which could decompose by detonation
shall be permitted except such as are specifically permitted by the
Common Council in designated industrial districts. Such materials
shall include, but not be confined to, all primary explosives, such
as lead azide and mercury fulminate, all high explosives and boosters,
such as TNT, tetryl and nitrates propellants and components thereof,
such as nitrocellulose, black powder and nitroglycerine, and blasting
explosives, such as dynamite.
Fallout shelters or other underground structures
may be permitted in any district, subject to the yard regulation of
the district and the Building Code. Such structures may contain or
be contained in other structures or be constructed separately and,
in addition to shelter use, may be used for any use permitted in the
district, subject to the district regulations and Building Code regulations
on such use.
A.
A guest house, for purposes of this chapter, shall
be an accessory building detached from the principal building with
temporary accommodations for sleeping but having no kitchen facility.
It is intended for the use of persons visiting the occupants of the
principal structure.
B.
Guest houses shall be permitted in all residential
districts and shall conform to all requirements of this chapter and
other regulations applicable to residential dwellings, including setback
and yard requirements in relation to the principal structure.
C.
All guest houses shall have designated off-street
parking spaces.
D.
A certificate of compliance shall be required for
a guest house.
[Amended 5-1-2000 by Ord. No. 9-00]
A.
Only residential dwelling units part of the principal
commercial or industrial building shall be permitted in the commercial
or industrial districts, except as part of a planned unit development
or the B-3 Central Business District.
B.
A dwelling unit in a commercial or industrial building
shall not contain more than two bedrooms unless said building is part
of a planned unit development or in the B-3 Central Business District.
C.
A dwelling unit in the commercial districts located
in a commercial structure shall not occupy the front half of the ground
floor or basement.
D.
A dwelling unit shall be a part of the principal building
and shall be provided with two exits. One shall be a direct outside
exit.
E.
Any dwelling units for watchmen and their families
shall be considered as accessory uses and shall conform to all applicable
regulations for the district in which located except as herein modified
in this chapter.
F.
All buildings shall conform to the Building Code and
applicable fire codes.
G.
Boardinghouses, as defined in § 255-4, Definitions, administered by nonprofit organizations may be permitted only by conditional use permit in the I-1, Light Industrial District, and the I-2, General Industrial District. The purpose of this subsection is to allow boardinghouses to be established by nonprofit organizations within the City's industrial districts by allowing reuse of existing structures which, due to location, will be suitable locations for temporary residency. The permit shall be discretionary based on a finding that reuse of the property will not have a negative impact on the surrounding neighborhood.
[Added 6-2-2008 by Ord. No. 4-08]
(2)
The Common Council, as part of the approval process,
may place any or all of the following conditions on the subject property:
(a)
Exterior lighting or signage may be limited.
(b)
Expansion of the existing building may be limited.
(c)
The number of residents may be limited.
(d)
Architectural plans for all improvements may
be required.
(e)
Other such conditions deemed appropriate to
ensure that such reuse fulfills the purpose of this subsection.
A.
The entire area of any drive-in business shall have
a drainage system approved by the City Engineer.
B.
The entire area, other than that occupied by structures
or plantings, shall be surfaced with a hard surface material which
will control dust and drainage.
C.
A box curb at least six inches above grade shall separate
the public walk area from the lot, except at approved entrance or
exit drives.
D.
A fence or screen of acceptable design not over six
feet in height or less than four feet shall be constructed along the
property line abutting a residential district, and such fence or screen
shall be adequately maintained. The fence shall not be required in
front of the setback line.
E.
General.
(1)
No person shall construct, operate or maintain a drive-in
business within the community without first obtaining a conditional
use permit.
(2)
Any drive-in business serving food or beverages shall
also provide, in addition to vehicular service areas, indoor food
and beverage service seating area sufficient to accommodate at least
24 customers.
(3)
The hours of operation shall be set forth as a condition
of any drive-in business conditional use permit.
(4)
The sale of food or beverages shall not be permitted
from a window or other opening simultaneously serving both pedestrians
and autos in a drive-in restaurant.
(5)
Each food or drive-in business shall place refuse
receptacles on the property at the rate of one refuse receptacle per
10 vehicle parking spaces within the property's parking area.
(6)
Landscaped planting islands as set forth in the parking
section of this chapter shall be provided.
G.
Site plan and site plan requirements.
(1)
The site plan shall clearly indicate suitable storage
containers for all waste materials. All commercial refuse containers
shall be screened with a material equal in color and character as
the principal structure.
(2)
A landscaping plan shall be included and shall set
forth complete specifications for plant materials and other features
that may be included, such as benches, berms, paving bricks, bollards,
etc.
(3)
Adequate area shall be designated for snow storage
such that clear visibility shall be maintained from the property to
any public street.
(4)
The design of any structure shall be compatible with
other structures in the surrounding area.
(5)
The site plan shall clearly indicate the location
of all curb on the property.
(6)
Electronic devices, such as loudspeakers, automobile
service order devices, drive-in theater car speakers and similar devices,
shall not be located within 300 feet of any residentially zoned or
used property.
(7)
No permanent or temporary signs visible from the public street shall be erected without specific approval in the permit and in conformance with Chapter 202, Signs.
(8)
No site plan shall be approved which would in any
way constitute a hazard to vehicular or pedestrian circulation within
the City of Hudson. No access drive (entry or exit) shall be located
within 50 feet of intersecting street curblines.
No activities shall be permitted that emit dangerous
radioactivity beyond enclosed areas. There shall be no electrical
disturbance (except from domestic household appliances) adversely
affecting the operation of ordinary business or household equipment
and appliances. Any such emissions are hereby declared to be a nuisance.
[Added by Ord. No. 5-94]
A.
Definition. A "satellite television dish" is a dish-shaped
antenna designed to receive television broadcasts relayed by microwave
signals from earth-orbiting communication satellites.
B.
Permit. No satellite television dish shall be erected
or placed on any property within the City until a permit has been
obtained. Application for permit shall be made at the office of the
City Planner/Zoning Administrator and shall include a plot plan which
shall include the location of the proposed dish in relation to easements,
adjoining rights-of-way and alleys, lot lines, buildings and setbacks.
The installation shall meet the provisions of this section and applicable
City building and electrical codes (Chapter ILHR 16, Volume 2, Wisconsin
State Electrical Code and National Electrical Code). A nonrefundable
fee as established by the Common Council shall be submitted with the
application.[1]
C.
Location.
(1)
Residential.
(a)
Any satellite television dish approved for placement
within residential zoning districts shall be located only in the rear
yard of a residential lot and behind the principal dwelling. Any satellite
television dish shall be so located that, however turned or otherwise
used, all parts shall be set back at least five feet from the side
yard lines and at least 20 feet from the rear lot line.
(b)
Any satellite television dish shall be located
as close to the residence as reasonable.
(c)
Not more than one satellite television dish
shall be allowed per individual recorded lot in single-family zoning
districts, and not more than one satellite television dish shall be
allowed per multiple-family dwelling in multiple-family zoning districts.
(d)
No satellite television dish shall be mounted
on a roof, tower or similar structure in a residential area.
(e)
Portable or trailer-mounted satellite television
dishes shall not be allowed unless undergoing a trial period, the
length of this period not to exceed five days in no more than two
separate periods in a year.
(f)
Satellite television dishes for educational
use by public institutions shall be allowed in residential zoning
districts upon review and approval by the Plan Commission and Common
Council.
(2)
Commercial and industrial.
(a)
Roof-mounted satellite television dishes shall
be permitted in commercial and industrial districts only and shall
not exceed the maximum height regulation of the zoning district in
which located.
(b)
Ground-mounted satellite television dishes shall
be permitted in the side and rear yards in commercial and industrial
zoning districts, provided that, however turned or otherwise used,
all parts shall be no closer than three feet to any side or rear lot
line nor five feet to any alley line.
(c)
More than one satellite television dish may
be allowed per individual lot in the commercial and industrial zoning
districts for buildings with multiple tenants upon review and approval
by the Plan Commission and Common Council.
D.
Size; mounting and hookup; design and advertising;
electrical connection.
(1)
Size.
(a)
The maximum diameter of a satellite television
dish shall not exceed 12 feet.
(b)
The maximum height of a satellite television
dish measured from the surface of the ground to the highest point
shall not exceed 15 feet.
(c)
Satellite dishes of 36 inches in diameter or
less, if mounted on the residence or building, are exempt from these
regulations.
(4)
Electrical connection.
(a)
All electrical lines, cables and conduit running
to or from any satellite television dish shall be buried.
(b)
Satellite television dishes shall be grounded
in accordance with municipal codes.
(c)
Satellite television dishes shall not be linked
to receivers which are not located on the same lot as the station.
E.
Penalties; enforcement and administration.
(1)
Failure to comply with the provisions of this section
shall constitute a violation of the same, and the violator shall be
subject to a forfeiture as imposed by the Municipal Court.
(2)
The Planner/Zoning Administrator shall have primary
responsibility for the enforcement of these regulations.
(3)
The provisions for the Board of Appeals in this Zoning
Code shall apply to satellite television dish regulations.
[Added by Ord. No. 19-96]
A.
ANTENNA
MUNICIPAL ANTENNA SITE
RECEIVING AND/OR TRANSMITTING ANTENNA
Definitions. As used in this section, the following
terms shall have the meanings indicated:
A device used to transmit and/or receive radio or electromagnetic
waves between terrestrially and/or orbitally based structures.
A location in the City on which is located one or more communication
antennas available for connection or use by any person, firm or corporation
in accordance with provisions of this section.
Any antenna erected for the transmission of information.
B.
Permit.
(1)
No communication antenna shall be erected or placed
on any municipal water tower within the City until a permit has been
obtained per requirements of this section. Application for permit
shall include the following information:
(2)
The review process shall be:
(b)
Review by the WUC's communication consultant
(wireless communication engineer) to review issues such as power,
frequency and compatibility of antennas and equipment. Review also
determines fair market value or lease costs based on amount of equipment,
space consumed and service demands. The lease rates would generally
be that of prevailing rates charged in the Twin Cities.
(c)
The WUC's engineer will conduct structural analysis
of proposed antenna and equipment on the water tower, i.e., wind load
capacity. The engineer has conducted structural analysis of all the
water towers and has proposed recommendations to the WUC for maximum
standards.
(d)
Concept site plan review shall be forwarded
to the City Plan Commission for concept approval. (This process is
similar to development plan review for multiple-family, commercial
and industrial building projects.) Plan information will include type
and size of antennas, mounting location and type, equipment to be
installed, fencing/security and landscaping/screening.
(e)
The City Attorney shall review and approve the
lease agreement. The lease agreement addresses indemnity, insurance,
permit and approval process, technical standards, lease rates, term,
disruption of service and other related issues.
(f)
Detailed final plan review by Plan Commission
and Common Council, which includes final plans, structural review
and communication consultant's review.
(g)
Permit issued upon Common Council approval.
(h)
Any lease agreement entered into by the City
or any of its agencies shall provide for general liability insurance
in an amount not less than $1,000,000 and shall also provide that
the tenant shall agree to indemnify and hold the City harmless against
any loss, cost or expense which may be sustained or incurred by the
City as a result of the tenant's use of the City property for communication
antenna purposes.
C.
Standards. All antennas shall be designed and situated
to be visually unobtrusive, shall be screened as appropriate, shall
not be multicolored and shall contain no signage, including logos,
except as may be required by state and federal regulations.
[Amended by Ord. No. 42-94]
A.
In all districts, any lighting used to illuminate
an off-street parking area, or other structure or area, shall be arranged
so as to deflect light away from any adjoining residential zone or
from the public streets. Direct or sky-reflected glare, whether from
floodlights or from high-temperature processes, such as combustion
or welding, shall not be directed into any adjoining property. The
source of light shall be hooded or controlled so as not to light adjacent
property. Bare light bulbs shall not be permitted in view of adjacent
property or public right-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.
B.
Lighting standards shall not exceed 30 feet or the
height of the principal building on the lot, whichever is less, without
a conditional use permit.
C.
All lighting in nonresidential districts used for
the external illumination of buildings so as to feature said buildings
shall be placed and shielded so as not to interfere with the vision
of persons on adjacent highways, streets or property.
D.
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.
[Amended 5-1-2000 by Ord. No. 9-00; 7-16-2007 by Ord. No. 11-07; 7-16-2007 by Ord. No. 12-07; 5-3-2010 by Ord. No. 6-10; 5-16-2011 by Ord. No.
9-11]
There shall be provided in all districts, at the time of erection or enlargement of any main building or structure, adequate automobile off-street parking space with sufficient access to all spaces. The number of off-street parking spaces in conjunction with all land or building uses shall be provided prior to the issuance of a certificate of occupancy as hereinafter prescribed, except that payment of fees in lieu of providing parking spaces shall be allowed in the B-3 Business District as provided in § 255-48H(3)(s).
A.
Surfacing and drainage. Off-street parking areas shall
be improved with a durable and dustless surface. Such areas shall
be so graded and drained as to dispose of all surface water accumulation
within the parking area. Durable and dustless surface may include
crushed rock and similar treatment for parking accessory to one- and
two-unit residential structures. All other uses shall utilize asphalt
or concrete as approved by the City Engineer. Such surfacing shall
be complete prior to occupancy of the structure.
B.
Location. All accessory off-street parking facilities
required herein shall be located as follows:
(1)
Spaces accessory to one- and two-family dwellings
must be on the same lot as the principal use served.
(2)
Spaces accessory to multiple-family dwellings must
be on the same lot as the principal use served and within 200 feet
of the main entrance to the principal building served. Parking as
provided in the State Building Code for the handicapped shall be provided.
(3)
Spaces accessory to uses located in a business or
industrial district must be within 800 feet of a main entrance to
the principal building served. Parking as provided in the State Building
Code for the handicapped shall be provided.
(4)
There shall be no off-street parking space within
10 feet of any street right-of-way.
(5)
No off-street open parking area shall be located closer
than five feet to an adjacent lot zoned or used for residential purposes
except when adjoining an existing parking area or simultaneously developed
on the adjacent lot.
C.
Underground parking credits. In any development in
which all or a portion of the required off-street parking is provided
fully enclosed within buildings and/or below ground elevation, the
minimum lot area requirements shall be reduced by 300 square feet
per unit for each parking place per unit so provided, but said reduction
shall not be greater than 20% of the total minimum required lot area.
D.
General provisions.
(1)
Existing off-street parking spaces and loading spaces
upon the effective date of this chapter shall not be reduced in number
unless said number exceeds the requirements set forth herein for a
similar use.
(2)
Benches in places of public assembly. In stadiums,
sport arenas, churches and other places of public assembly in which
patrons or spectators occupy benches, pews or other similar seating
facilities, each 22 inches of such seating facilities shall be counted
as one seat for the purpose of determining requirements for off-street
parking facilities under this chapter.
(3)
Parking spaces. Each parking space shall be not less
than nine feet wide and 20 feet in length, exclusive of an adequately
designed system of access drives. Parking spaces for the handicapped
shall not be less than 12 feet wide and 20 feet in length.
(4)
Use of parking facilities. Off-street parking facilities
accessory to residential use shall be utilized solely for the parking
of passenger automobiles and/or one truck not to exceed 7,000 pounds'
gross capacity for each dwelling unit. Under no circumstances shall
required parking facilities accessory to residential structures be
used for the storage of commercial vehicles or for the parking of
automobiles belonging to the employees, owners, tenants or customers
of nearby business or manufacturing establishments.
(5)
Joint parking facilities. Off-street parking facilities
for a combination of mixed buildings, structures or uses may be provided
collectively in any district (except residential districts) in which
separate parking facilities for each separate building, structure
or use would be required, provided that the total number of spaces
provided shall equal the sum of the separate requirements of each
use during any peak-hour parking period.
(6)
Control of off-street parking facilities. When required
accessory off-street parking facilities are provided elsewhere than
on the lot in which the principal use served is located, they shall
be in the same ownership or control, either by deed or long-term lease,
as the property occupied by such principal use, and the owner of the
principal use shall file a recordable document with the City requiring
the owner and his or her heirs and assigns to maintain the required
number of off-street spaces during the existence of said principal
use.
(7)
Use of parking area. Required off-street parking space
in any district shall not be utilized for open storage of goods or
for the storage of vehicles which are inoperable or for sale or for
rent.
(8)
In residential districts, not more than 25% of the
required front yard area shall be surfaced or utilized for driveway
or vehicle storage space.
E.
Design and maintenance of off-street parking areas.
(1)
Parking areas shall be designed so as to provide adequate
means of access to a public alley or street. Such driveway access
widths shall not exceed 32 feet in width unless a conditional use
permit has been obtained approving the larger width. Driveway access
shall be so located as to cause the least interference with traffic
movement.
(2)
Calculating space. When the calculation of the number
of off-street parking spaces required results in a fraction, such
fraction shall require a full space.
(4)
Surfacing. All of the area intended to be utilized
for parking space and driveways shall be surfaced with a material
to control dust and drainage. Such areas shall be surfaced prior to
occupancy. Parking areas for fewer than three vehicle spaces shall
be exempt.
(5)
Lighting. Any lighting used to illuminate an off-street
parking area shall be so arranged that it is not directly visible
from the adjoining property and must reflect the light in a downward
vertical direction.
(6)
Curbing. All open off-street parking areas designed
to have parking along the property line shall provide a permanent
bumper curb not less than five feet from the side property line.
(7)
Planting islands. For each additional 6,000 square
feet of outside parking area after the first 12,000 square feet, one
planting island of 200 square feet shall be installed within the interior
of the parking surface. All planting islands shall have six-inch concrete
curbs and a landscaped interior of rock, grass, wood chips or plant
materials. Planting islands may be combined, but no single planting
island shall be greater than 800 square feet.
(8)
Parking space for six or more cars. When a required
off-street parking space for six cars or more is located adjacent
to a residential district, a fence or screen not less than four feet
in height shall be erected along the residential district property
lines.
(9)
Maintenance of off-street parking space. It shall
be the joint responsibility of the operator and owner of the principal
use of the building to reasonably maintain the parking space, accessways,
landscaping and any required fencing.
(10)
Access. All off-street parking spaces shall
have access from the driveways and not directly from a public street.
(11)
No parking space shall be closer than 10 feet
to any building. However, this standard does not apply to driveways
in R-1 and R-2 Zoning Districts.
(12)
Fire access lanes shall be provided as required
by the building or fire codes.
F.
Truck parking in residential areas. No motor vehicle
over two tons' capacity bearing a commercial license and no commercially
licensed trailer shall be parked or stored in a residential district
except when loading, unloading or rendering a service.
G.
Off-street parking spaces shall not be reduced in
number unless said number meets or exceeds the requirement set forth
herein in this chapter.
H.
Off-street parking spaces required shall be as follows:
(1)
Residential.
(a)
One-family and two-family residential: two for
each dwelling unit. One shall be a garage.
(b)
Multifamily residential: two spaces for each one-bedroom and
two-bedroom unit plus one additional space for each bedroom thereafter.
One shall be a garage.
[Amended 8-20-2018 by Ord. No. 19-18]
(c)
Senior citizen housing: one for each four units and one for
each employee. Should the units revert to general occupancy, then
two spaces for each one-bedroom and two-bedroom unit plus one additional
space for each bedroom thereafter shall be provided.
[Amended 8-20-2018 by Ord. No. 19-18]
(2)
Institutional.
(a)
Churches or temples: one for each six pews or
12 feet of pews in the main area of worship.
(b)
Hospitals: one for each one bed plus one for
each two staff members on the maximum shift.
(c)
Convalescent homes: one for each four beds and
one for each employee on the maximum shift.
(d)
Elementary and junior high schools: one for
each one teacher, employee and administrator.
(e)
Senior high schools: one for each one teacher
employee or administrator and one for each 10 students.
(f)
Colleges or universities: one for each one teacher,
employee or administrator and one for each five students.
(g)
Private clubs or lodge halls: one for each five
persons allowed within the maximum occupancy load as established by
local, county or state fire, building or health codes.
(h)
Private golf clubs, swimming pool clubs or other
similar uses: one for each two member families or individuals plus
spaces required for each accessory use, such as a restaurant or bar.
(i)
Golf courses open to the general public, except
miniature or par-three courses: six for each one golf hole and one
for each one employee, plus spaces required for each accessory use,
such as a restaurant or bar.
(j)
Fraternities or sororities: one for each five
permitted active members or one for each two beds, whichever is greater.
(k)
Stadiums, sports arenas or similar places of
outdoor assembly: one for each three seats or six feet of benches.
(l)
Theaters and auditoriums: one for each five
seats plus one for each two employees.
(3)
Business and commercial.
(a)
Planned commercial or shopping center: one for
each 200 square feet of gross leasable floor area.
(b)
Car wash (automatic), conveyor-type full service,
conveyor-type exterior service and coin-operated drive through: one
for each one employee. In addition, reserve parking spaces equal in
number to three times the maximum car wash capacity of the auto wash.
"Maximum capacity of the auto wash" shall mean the greatest number
of automobiles possibly undergoing some phase of washing at the same
time, which shall be determined by dividing the length in feet of
each wash line by 20.
(c)
Car wash (self-service or coin-operated): three
for each washing stall (in addition to the stall itself).
(d)
Beauty parlor or barbershop: three spaces for
each of the first two beauty or barber chairs and one space for each
additional chair.
(e)
Bowling alleys: five for each one bowling lane
plus accessory uses.
(f)
Dance halls, pool or billiard parlors, roller
or skating rinks, exhibition halls and assembly halls without fixed
seats: one for each two persons allowed within the maximum occupancy
load as established by the State Building Code.
(g)
Establishments for the sale and consumption
on the premises of beverages, food and refreshments: one for each
100 square feet of usable floor space or one for each two persons
allowed within the maximum occupancy load as established by the State
Building Code, whichever is greater; except for the B-3, Central Business
District, which will require one for each 100 square feet of usable
floor space or one for each three persons allowed within the maximum
occupancy load as established by the State Building Code.
(h)
Furniture and appliance, household equipment,
repair shops, plumbing showrooms, interior decorators, electricians
or similar uses: one for each 800 square feet of gross leasable floor
area. For that floor area used in processing, one additional space
shall be provided for each two persons employed therein.
(j)
Gasoline service stations (without car wash
facilities): two for each lubrication stall, rack or pit and one for
each gasoline pump.
(k)
Self-service gasoline stations: one for each
gasoline pump.
(l)
Laundromats and coin-operated dry cleaners:
one for each three washing and/or dry-cleaning machines.
(m)
Mortuary establishments: one for each 50 square
feet of usable floor space for public usage.
(n)
Motel, hotel or other commercial lodging establishments:
one for each one occupancy unit plus one for each one employee during
a maximum shift.
(o)
Motor vehicle sales and service establishments:
one for each 200 square feet of gross usable floor space of the sales
room and one for each service bay.
(p)
Nursery schools, day nurseries or child-care
centers: one for each 350 square feet of usable floor space.
(q)
Retail stores except as otherwise specified
herein: one for each 200 square feet of gross leasable or usable floor
space.
(r)
Required off-street parking for mixed-use developments
located in the B-3 Central Business District shall be determined by
the Urban Land Institute’s 2005 Shared Parking publication.
An annual evaluation of the status of the existing planned uses shall
be conducted to determine if the continued use of the property remains
in conformance with the required shared off-street parking quantities.
(s)
All parcels in the B-3 Central Business District shall be exempt from the provision of off-street parking for the first 6,000 square feet of building area, except for new construction projects for which 1/2 of the off-street parking in § 255-48H shall be required.
[Amended 6-19-2017 by Ord. No. 10-17]
[1]
A payment of a per-stall fee in lieu of providing off-street
parking space may be accepted as an alternative to providing off-street
parking under this section.
[a]
Findings and purpose of payment in lieu of providing
off-street parking spaces.
[i]
The Common Council desires to allow developers of properties in the B-3 Central Business District to pay fees into a municipal Parking Improvement Fund in lieu of providing the on site off-street parking spaces required under Hudson City Code § 255-48H(3)(s). As used in this section, the term "public parking" does not refer only to parking spaces that are publicly owned and maintained, but it also may include privately owned parking spaces that have been set aside for public use, by lease or some other type of agreement. The fees can then be used to provide public parking that is strategically located according to need and availability. By consolidating parking in centralized public lots or structures, and allowing developers an alternative to providing parking on site, payment of a fee in lieu of parking space system can encourage in-fill development and redevelopment in the Central B-3 Business District, by addressing the parking needs of the area as a whole, rather than the needs of each individual site.
[ii]
Payment of fees in lieu of providing parking spaces gives developers
an alternative to providing rigid, minimum off-street parking spaces,
in cases where providing the spaces would be unreasonably difficult
or expensive, and allows the City to encourage new development and
redevelopment in the Central B-3 Business District.
[b]
Declarations regarding fees in lieu of providing
off-street parking space.
[i]
A party paying a fee in lieu of parking will have no right of
ownership in or exclusive use of a parking space for which fees in
lieu of parking have been used to acquire, construct, lease or otherwise
improve the parking space.
[ii]
There is no guarantee that the City will build a parking space
at any particular time, or that it will build it in a location that
will be of advantage to the party paying the fee in lieu of providing
off-street parking space.
[c]
Parking Improvement Fund. All fees paid in accordance with this section shall be deposited into a separate account known as the Parking Improvement Fund, with the monies expended only in accordance with this section and Hudson City Code Chapter 235.
[d]
Payment in lieu of parking fees should be linked
to an index of construction, but should be reviewed and updated periodically,
so that inflation and changing conditions can be taken into account.
The Engineering News and Record (ENR) index shall serve as a general
guide as to changes in the cost of construction. Because including
actual land costs in the fees are likely to make the fees exorbitant,
the Common Council may consider market and economic conditions and
development costs with regard to the extent to which land cost is
included in the fee in lieu of parking fee, so that the fee correlates
to parking space construction costs, but does not become so burdensome
as to discourage development.
[e]
Fee schedule. The fee in lieu of parking shall be $8,500 per stall required under the Hudson City Code § 255-48H. The fee shall be reviewed annually.
[f]
Criteria and procedure for allowing payment of
a fee in lieu of providing parking space. Payment of a fee in lieu
of parking space shall be permitted only in cases where the City Council
deems that there is sufficient hardship upon the property owner for
creating all of the required on-site off-street parking; or in cases
where the Council determines that payment of the fee rather than providing
the required off-street parking space will be significantly more beneficial
for the community and/or the specific neighborhood.
[i]
Request initiated. A fee in lieu of parking shall be initiated
only by a written request of the property owner on a form provided
by the City.
[ii]
Plan Commission review. All requests for a fee in lieu of parking
shall first be referred to the Plan Commission for review and recommendation
to the Common Council.
[iii]
Districts permitted. The payment of a fee in
lieu of parking shall be available only to properties that are zoned
as B-3, Central Business District, on the City of Hudson Zoning Map.
[iv]
Payment due. A fee in lieu of parking must be paid in full prior
to issuance of any permit for the project for which the fee in lieu
of the parking requirement is sought.
[v]
Fees assessed. The property owner may petition
the Common Council to have the fee assessed against the property that
is the subject of the proposed project or development. The Common
Council shall have the authority to apply interest and administrative
charges to the amount of the assessment, at a rate consistent with
the rates of interest and the administrative fee that would be customary
for special assessments at that time. Interest and administrative
charges shall begin to accrue from the date that a permit is issued
for the proposed project. Assessments for payment of a fee for payment
in lieu of required off-street parking may be approved by the Common
Council on the following schedule:
[g]
Targeting areas to receive monies from the Parking
Improvement Fund. The City shall develop parking with public use rights
in a way that optimizes efficiency, convenience, aesthetics, environmental
sensitivity, and benefit to the community. To maximize the benefit
of the Parking Improvement Fund, the city shall proactively prepare
and maintain physical and financial plans for the development of public
parking facilities. This will allow the city to acquire property or
participate in cooperative construction projects as opportunities
arise, rather than in response to a critical need. In determining
the blocks or areas that will be targeted for projects involving the
Fund, the City will consider the following factors:
[i]
The Parking Improvement Fund shall be used only to provide/develop
parking in areas zoned B-3 Central Business District, with priority
given within that district to areas that have the greatest need for
additional parking.
[ii]
Maximized use. Where consistent with other planning objectives,
the City shall encourage the creation of public parking facilities
in areas where they are likely to be used throughout the entire day
and week.
[iii]
Available opportunity. The City Council's decision
may be influenced by the order in which opportunities arise. For instance,
the Council may elect to undertake a project on a block that does
not have the greatest need for parking because an opportunity has
arisen to create parking on that block, where no opportunity exists
on a block of higher priority.
[iv]
Partnership arrangements. The City Council shall seek to create
parking for the public first through cooperative arrangements with
another party; and create municipal parking lots only as a last resort.
(t)
All parcels in the B-4 Central Business District for new construction
projects shall provide 50% of the required off-street parking required
per land use designation with payment in lieu of parking standards
to apply as denoted in § 255-48H(3)(s)[1][a] through [g].
[Added 8-21-2017 by Ord.
No. 11-17]
(4)
Offices.
(a)
Banks: one for each 100 square feet of usable
floor space, exclusive of heating and mechanical equipment.
(b)
Business offices or professional offices except as indicated in the following Subsection H(4)(c): one for each 200 square feet of usable floor space, exclusive of heating and mechanical equipment.
(c)
Professional offices of doctors, dentists or
similar professions: one for each 50 square feet of usable floor area
in waiting rooms and one for each examining room, dental chair or
similar use area.
(5)
Industrial uses.
(a)
Industrial or research establishments and related
accessory offices: five plus one for every 1 1/2 employees in
the largest working shift. Space on site shall also be provided for
all construction workers during periods of plant construction.
(b)
Warehouses and wholesale establishments and
related accessory offices: five plus one for every one employee in
the largest working shift.
(6)
Those uses not specifically noted in this chapter:
to be decided by the Plan Commission.
Whenever the off-street parking requirements in § 255-48 require the building of an off-street parking facility, or where a parking district is provided, such off-street parking lots shall be laid out, constructed and maintained in accordance with the following standards and regulations:
A.
No parking lot shall be constructed unless and until
a permit therefor is issued by the Planner/Zoning Administrator. Applications
for a permit shall be submitted to the Zoning Department in such form
as may be determined by the Planner/Zoning Administrator and shall
be accompanied by two sets of site plans for the development and construction
of the parking lot showing that the provisions of this chapter will
be fully complied with.
B.
Plans for the layout of off-street parking facilities
shall be in accordance with the following minimum requirements:
|
Parking Pattern
|
Maneuvering Lane Width
(feet)
|
Parking Space Width
(feet)
|
Parking Space Length
(feet)
|
Total Width of 1 Tier of Spaces
plus Maneuvering Lane
(feet)
|
Total Width of 2 Tiers of Spaces
plus Maneuvering Lane
(feet)
| |
|---|---|---|---|---|---|---|
|
0° parallel parking
|
12
|
8
|
24
|
20
|
28
| |
|
30° to 53°
|
12
|
9
|
20
|
32
|
52
| |
|
54° to 74°
|
15
|
9
|
20
|
36 and 6 inches
|
58
| |
|
75° to 90° Parking Pattern
|
20 Maneuvering Lane Width (feet)
|
9 Parking Space Width (feet)
|
20 Parking Space Length (feet)
|
40 Total Width of 1 Tier of Spaces
plus Maneuvering Lane (feet)
|
60 Total Width of 2 Tiers of Spaces
plus Maneuvering Lane (feet)
|
C.
All spaces shall be provided adequate access by means
of maneuvering lanes. Backing directly onto a street shall be prohibited.
D.
Adequate ingress to and egress from the parking lot
by means of clearly limited and defined drives shall be provided for
all vehicles. Ingress to and egress from a parking lot lying in an
area zoned for other than single-family residential use shall not
be across from land zoned for single-family residential use.
E.
All maneuvering lane widths shall permit one-way traffic
movement, except that the ninety-degree pattern may permit two-way
movement.
F.
Each entrance and exit to and from any off-street
parking lot located in an area zoned for other than single-family
residential use shall be at least 25 feet distant from adjacent property
located in any single-family residential district.
G.
The off-street parking area shall be provided with continuous screening as provided for in § 255-33. This screening shall be provided on all sides where the next zoning district is designated as a residential district.
H.
When a front yard setback is required, all land between
said screening and the front property line or street right-of-way
line shall be kept free from refuse and debris and shall be landscaped
with any combination of deciduous shrubs, evergreen material or ornamental
trees. The ground area shall be planted and kept in lawn. All such
landscaping and planting shall be maintained in a healthy, growing
condition, neat and orderly in appearance.
On the same premises with every building, structure
or part thereof involving the receipt or distribution of vehicles
and materials there shall be provided and maintained on the lot adequate
space for standing, loading and unloading in order to avoid undue
interference with public use of dedicated rights-of-way. Such space
shall be provided as follows:
A.
Within an industrial district, all spaces shall be
laid out in the dimension of at least 10 feet by 50 feet or 500 square
feet in area, with a clearance of at least 14 feet in height. Loading
dock approaches shall be provided with a concrete pavement being provided
so as to provide a permanent, durable and dustless surface. All loading
spaces shall be provided in the following ratio of spaces to floor
area: one loading space per 20,000 square feet of warehouse or manufacturing
space.
B.
All loading and unloading in an industrial district
shall be provided off street in the rear yard or interior side yard
whenever possible. In those instances where exterior side yards have
a common relationship with an industrial district across a public
street, loading and unloading may take place in said exterior side
yard when the setback is equal to at least 50 feet.
[Amended by Ord. No. 6-95]
A.
Interim or temporary uses and structures may be placed
in residential, agricultural, commercial and industrial districts
after obtaining a conditional use permit. These interim uses may be
utilized in a temporary manner as specified by the Common Council,
during which the development planned for the area in the City Comprehensive
Plan has not yet occurred or upon determination that the proposed
use or structure is compatible with existing development.
B.
Interim or temporary uses and structures of a portable
nature may be utilized for interim or temporary storage or sales of
wholesale or retail products or shelter for farm crops and animals
for up to a twelve-month period with a possible extension for a second
twelve-month period maximum. No interim or temporary use shall be
granted a conditional use permit for more than two years.
(1)
The approval of the interim or temporary use shall
in no way constitute a change in the basic uses permitted in the district
nor on the property wherein the temporary use is proposed.
(2)
The granting of the interim or temporary use shall
be granted in writing, stipulating all conditions as to time, nature
of development permitted and arrangements for removing the use at
the time of termination of said temporary permit.
(3)
All setbacks, land coverage, off-street parking, lighting
and other requirements as shall be considered in protecting the public
health, safety, peace, morals, comfort, convenience and general welfare
of the inhabitants of the City of Hudson shall be made at the discretion
of the Common Council and shall not be less than as established in
this chapter.
(4)
The Common Council shall determine that the uses are
either movable structures related to the permitted use of the land;
recreation developments, such as but not limited to golf driving ranges
and outdoor archery courts; or structures which do not require foundations,
heating systems or sanitary connections.
(5)
The use shall be in harmony with the general character
of the district.
(6)
No interim or temporary use conditional use permit shall be granted without first giving notice to owners of adjacent property of the time and place of a public hearing to be held as further provided for in this chapter. (See § 255-76.)
(7)
Interim or temporary uses and structures shall not
require additional public roadway or premature extension of public
sanitary sewer or water.
(8)
Grading or alteration of the site, except for driveway
access and building construction, shall not be permitted.
(9)
Conditional use permits issued by the Common Council
for an interim or temporary use or structure shall be recorded with
the County Register of Deeds by the applicant prior to issuance of
a building permit or certificate of occupancy by the City of Hudson.
(10)
Conditional use permits issued by the Common
Council for an interim or temporary use shall be reviewed annually
by the Plan Commission and the Common Council.
(11)
The Common Council may require bonds or other
guaranties to cover the cost for the removal of any interim or temporary
use structure by the City if the applicant does not remove the use
or structure by a specified date.[1]
(12)
No interim or temporary conditional use permit
shall be required for a temporary use or structure of seven days or
less.
The building and premises for automobile sales
and showrooms shall meet the following requirements:
A.
Setbacks and lot requirements.
(1)
Parking. A minimum twenty-five-foot wide landscaped
yard shall be required and maintained between any public street right-of-way
and parking lots or buildings.
(2)
Contiguous site. Motor vehicle sales shall be on one
lot or contiguous lots not separated by a public street, alley or
other use.
(3)
Lot width. The minimum lot width shall be 150 feet
at the minimum required front yard setbacks.
B.
Access driveways.
(1)
Distance of driveway from street intersection. The
distance of the driveway from the street intersection shall be not
less than 150 feet; provided, however, that greater distances may
be required to avoid reasonably anticipated traffic hazards.
(2)
Minimum distance between driveways. Minimum distance
between driveways shall be 25 feet at the curb cut.
(3)
Minimum driveway angle to street. Minimum driveway
angle to street shall be 60° unless otherwise approved by the
City Engineer and Public Works Superintendent.
(4)
Minimum distance between driveway pavement (curb)
and adjacent property shall be five feet.
C.
Screening. A screen shall be erected and maintained
along all property lines separating institutional, residential, dwelling
or business and professional office district or use. The screening
required in this chapter shall be not less than five feet in height.
D.
Landscaping. A landscaped yard shall be constructed
and maintained on all areas of the site not devoted to the building
or parking areas.
E.
Curbing. Interior concrete or asphalt curbs shall
be constructed within the property to separate driving and parking
surfaces from landscaped areas. Interior curbs required by this chapter
shall be a normal six inches in height.
F.
Surfacing. The entire site on which motor vehicle
sales are located, other than that devoted to buildings and structures
or landscaped areas, shall be hard surfaced and maintained to control
dust, erosion and drainage.
G.
Parking.
(1)
Customer parking. A minimum of 16 customer parking
spaces shall be provided for every acre of total developed site area
in a commercial or business district and, in addition, three spaces
for each 1,000 square feet of gross sales floor area.
(2)
Employee parking. A minimum of two employee parking
spaces shall be provided for every three employees.
(3)
The foregoing required parking spaces shall be shown
and designated on the site plan.
H.
Parking for outside sales and storage. The maximum
area permitted for outside storage of automobiles, new and used, shall
not exceed five square feet of outside storage area to each one square
foot of enclosed ground floor area. Not more than one automobile shall
be stored on each 300 square feet of outside paved storage area. No
rooftop parking shall be permitted.
I.
Surface drainage plan and improvements. A drainage
plan shall illustrate all paved area surface drainage flows. Catch
basins and/or settling ponds shall be required to dispose of interior
parking or display area drainage.
A.
Prohibition of deposit of manure without safeguards.
No manure or livestock waste shall be deposited, stored, kept or allowed
to remain in or upon any storage site or feedlot without reasonable
safeguards adequate to prevent the escape or movement of such manure
or wastes from the site which may result in pollution of any public
waters or create a public health hazard or nuisance.
B.
Department of Natural Resources requirement. All regulations
imposed by the Wisconsin Department of Natural Resources relating
to keeping of livestock shall be adhered to, and such regulations
shall be considered the minimum safeguard necessary to prevent pollution
of public water or creation of a public health hazard or nuisance.
C.
Approval required. No feedlot or manure storage site
shall be maintained unless approval therefor has first been issued
by the Planner/Zoning Administrator as provided herein. The application
for approval by the owner or other person responsible for a feedlot
or manure storage site shall be accompanied by plans showing the features
and method of construction and operations and existing or proposed
safeguards or disposal systems. The governing body may thereafter
issue approval therefor upon such conditions as it shall prescribe
to prevent pollution of any public water or creation of any health
hazard or nuisance.
D.
Inadequate safeguards. In case the Planner/Zoning
Administrator shall find that any manure is stored or kept on any
feedlot or storage site without a safeguard or that any existing safeguard
is inadequate, he may order the owner or other responsible person
to remove the manure from the feedlot or storage site and refrain
from further storage or keeping of any manure thereafter unless and
until an adequate safeguard is provided as herein described previously.
E.
Notice concerning loss. It shall be the duty of the
owner of a feedlot or manure storage site, or other responsible person
in charge thereof, to notify immediately the Planner/Zoning Administrator
of any loss of stored manure either by accident or otherwise when
such loss involves a substantial amount which would be likely to enter
any public bodies of water or water supply. Said notice should be
given to the Planner/Zoning Administrator or other responsible individual
of the City as soon as possible. Any notification must include the
location and the nature of the loss and such other pertinent information
as may be available at the time.
F.
Hazards and nuisances. On parcels of less than 40
acres which are not part of a larger crop-producing commercial agriculture
farm, the keeping of horses, cattle or other grazing animals on a
site with less than 2 1/2 acres of existing grazable land per
animal is hereby declared to be a nuisance. No livestock, including
horses or commercial kennels, shall be placed on any site of less
than five acres.
A.
[1]Home occupations which meet the following criteria may
be permitted through issuance of a certificate of compliance which
is issued by the Planner/Zoning Administrator:
(1)
Property owners adjacent to the proposed home occupation
shall be notified by the applicant. The applicant shall submit an
affidavit from said property owners describing their concern or approval
of the proposed use in the home.
(2)
No signs other than those normally utilized in the
residential district shall be permitted.
(3)
Wholesale livestock shall not be stored on the premises.
(4)
Retail over-the-counter sales shall not be conducted
on the premises, except for those items produced on the site.
(5)
Parking shall be limited to three or fewer on-street
or off-street customer parking spaces at any given time.
(6)
The home occupation shall only occur in the principal
residential structure on the site.
B.
Typical uses which may be permitted as a home occupation
include professional offices, beauty shops by occupant only, minor
repair services, photo or art studios, dressmaking, teaching for three
or fewer students at one time and other similar uses. Uses which propose
minimal or no walk-in traffic may be issued a home occupation permit
by the Planner/Zoning Administrator upon receipt of documentation
that there are no neighborhood objections. The Planner/Zoning Administrator
shall forward all other applications to the Plan Commission and Common
Council for review and consideration.
[Amended by Ord. No. 42-94]
A.
Historic sites (as defined in this chapter) with limited
commercial uses may be permitted by conditional use permit in any
district, provided that:
(1)
Commercial activities are limited to shops and galleries
for the showing and sale of historical or art items, such as sculpture,
glassware, pottery, stained glass, paintings, antiques, artifacts,
paper goods, books, postcards, etc.
(2)
The sale of food may be permitted, provided that no
alcoholic beverages are sold or consumed on the premises.
(3)
The sit-down food serving capacity shall not exceed
20 persons.
(4)
No outdoor advertising shall be permitted other than the official designation as a historical site and the normal signs allowed in the district by Chapter 202, Signs.
(5)
Off-street public or private parking in the quantities required in § 255-48 shall be provided within 300 feet of the structure.
(6)
Manufacture of art items for sale shall be permitted,
subject to fire and safety regulations and Building Code requirements.
(7)
The commercial uses shall not be detrimental to the
neighborhood and shall be in appropriate harmony with the residential
character of the neighboring area if such an area exists.
B.
Within this chapter, a conditional use permit shall
be reviewed and reapplied for each time there is a change in real
estate ownership or use of the property.
C.
The Common Council shall stipulate on the permissible
hours and days of operation on the conditional use permit issued for
a historical site which has commercial activities in a residential
neighborhood.
A.
Before a conditional use permit for a service station
is granted, the minimum requirements of the zoning district in which
the service station is to be located shall be met.
B.
A drainage system, subject to approval by the City
Engineer, shall be installed. The entire site, other than that taken
up by a structure or planting, shall be surfaced with concrete or
other material as approved by the Common Council. Pump islands shall
not be placed in the required yards. The area around the pump island,
to a distance of eight feet on each side, shall be concrete. A box
curb not less than six inches above grade shall separate the public
right-of-way from the motor vehicle service areas, except at approved
entrances and exits. No driveways at a property line shall be less
than 50 feet from the intersection of the two street right-of-way
lines. Each service station shall have at least two driveways with
a minimum distance of 170 feet between center lines when located on
the same street.
C.
No vehicles shall be parked on the premises other
than those utilized by employees or awaiting service. No vehicle shall
be parked or be awaiting service longer than 15 days. Existing service
stations shall comply with this requirement within 45 days of the
effective date of this chapter.
D.
Exterior storage besides vehicles shall be limited
to service equipment and items offered for sale on the pump island.
Exterior storage of items offered for sale shall be within yard setback
requirements and shall be located in containers, such as the racks,
metal trays and similar structures designed to display merchandise.
Existing service stations shall comply with this requirement within
three months of the effective date of this chapter.
E.
All areas utilized for the storage, disposal or burning
of trash, debris, discarded parts and similar items shall be fully
screened. All structures and grounds shall be maintained in an orderly,
clean and safe manner. Existing service stations shall comply with
this requirement within nine months of the effective date of this
chapter.
F.
Business activities not listed in the definition of
"service station" in this chapter are not permitted on the premises
of a service station unless a conditional use permit is obtained specifically
for such business. Such activities include, but are not limited to,
the following: automatic car and truck wash; rental of vehicles, equipment
or trailers; and general retail sales.
A.
A certificate of compliance shall be required for
any structure built in a multiple-family or business district prior
to issuance of a building permit. The purpose of a certificate of
compliance shall be to assure that site and building plans, as well
as the impact on the neighborhood, are fully consistent with the intent
and purpose of the zoning regulations and Comprehensive Plan for the
area. All requests for a certificate of compliance shall be accompanied
by a series of site plans and data showing:
(1)
Building locations, dimensions and elevations and
all signs, structures, entry areas, storage sites and other structural
improvements to the site.
(2)
Circulation plans for both pedestrian and vehicular
traffic.
(3)
Fences and screening devices.
(4)
Solid waste disposal provisions and facilities.
(5)
Storm drainage plan.
(6)
Fire-fighting and other public safety facilities and
provisions, such as hydrant locations and fire lanes.
(7)
Data pertaining to the number of dwelling units, sizes,
lot area, ratios, etc.
(8)
Exterior wall materials and design information.
(9)
A two-foot contour topographic map of the existing
site.
(10)
A grading plan illustrating the proposed grade
changes from the original topographic map. All site areas, when fully
developed, shall be completely graded so as to adequately drain and
dispose of all surface water, stormwater and groundwater in such a
manner as to preclude large-scale erosion, unwanted ponding and surface
chemical runoff.
(11)
A recreation plan illustrating all recreational
facilities and structures.
(12)
A landscape plan. The site, when fully developed,
shall be landscaped according to a plan approved by the Common Council.
The landscaping plan shall specify the size, type and location of
all trees and shrubbery and the location of all seeded and sodded
areas. The detailed landscape plan shall be submitted by a state-registered
professional landscape architect or architect.
(13)
A soil erosion control plan for the construction
period. Areas within the construction zone shall be fenced during
construction. Areas not to be disturbed during construction shall
also be fenced. This shall, at a minimum, include all slopes in excess
of 18%.
B.
The required plans shall be reviewed by the Plan Commission
and Common Council. The certificate of compliance shall not be issued
until site plan approval is obtained from the Plan Commission and
the Common Council.
C.
The Common Council shall require the developer to
post a full performance bond guaranteeing that street, utility, storm
drainage, landscaping and other individually specified improvements
at the building site are completed as proposed on plans approved by
the City of Hudson.
D.
Lot dimensions.
(2)
In areas not served with public sewer and water, there
shall be no extension of those services until such time as capacity
is available and said services can be logically extended.
E.
Parking requirements.
(1)
Off-street parking spaces shall be required as per § 255-48H(1)(b) and (c).
(2)
A minimum of one parking space per unit shall be in
garages.
(3)
Parking spaces shall not be within 10 feet of side lot lines or within
10 feet of the rear lot line.
[Amended 8-20-2018 by Ord. No. 19-18]
(4)
Bituminous or concrete driveways and parking areas
with concrete curbing shall be required.
F.
Landscape provisions.
(1)
The landscape design shall make use of all land contained
in the site. All of the site shall be related to the circulation,
recreation, screening, building, storage, landscaping, etc., so that
no portion of the site remains without some form of design and landscaping.
(2)
A minimum of 20% of the site shall be landscaped.
G.
Screening.
(1)
Screening to a height of at least five feet shall
be required where any off-street area contains more than six parking
spaces and is within 30 feet of an adjoining residential zone and
where the driveway to a parking area of more than six parking spaces
is within 15 feet of an adjoining residential zone.
(2)
All exterior storage shall be screened. The exterior
storage screening shall consist of a fence, wall or vegetative screening
not less than five feet high but shall not extend within 15 feet of
any street, driveway or lot line.
(3)
Sidewalks shall be provided from parking areas, loading
areas and recreation areas to the entrances of the building.
(4)
Developers shall make every effort to locate swimming
pools or other intensive recreation so as not to place them near residences
of the complex or adjoining properties. Specific locations shall be
approved as part of the final site plan.
H.
Appearance. All buildings within an apartment development
shall be so planned and designed so that they have the equivalent
of a front appearance on all exterior vertical and horizontal surfaces.
I.
Miscellaneous standards.
(1)
Party and corridor partitions and floor systems shall
be of a type rated by a nationally known testing laboratory as being
capable of accomplishing an average sound transmission loss of not
less than 50 decibels as rated per the Sound Transmission Class (STC)
rating system. Doors and door systems between corridors and dwelling
units shall be solid core construction. Room relationship, hallway
design, door and window placement and plumbing and ventilation installation
shall be such that they assist in the control of sound transmission
from unit to unit.
(2)
No storage shall be permitted under public stairways.
(3)
Exterior lighting. Exterior lighting shall be automatically
controlled and be of sufficient wattage to be adequate for the purpose
intended.
J.
General building or structural requirements.
(1)
Requirements for exterior wall surfacing and covering.
All multiple-family dwelling buildings shall be designed and constructed
to have the equivalent of a front appearance on each exterior surface.
All accessory and ancillary buildings (including garages) shall be
designed and constructed with the same facing materials as the principal
building.
(2)
Storage space requirements. All multiple-family dwellings
shall provide a minimum of 96 cubic feet of miscellaneous storage
space for each dwelling unit. Such space shall be in addition to normal
storage space provided in wardrobes, cabinets and clothes and linen
closets.
(3)
Restrictions against protruding air conditioners.
No new multiple-family dwellings shall have an air-conditioning unit
protruding from any exterior wall, except to the extent required for
proper functioning of said air conditioning unit. An appropriate grille
shall be provided to cover any such protrusion, and the grille shall
be designed to appear as an integral part of the exterior wall and
shall be flush to said wall whenever feasible.
(4)
Open air drying of clothes. Open air drying of clothes
shall not be permitted on the grounds of multiple-family dwelling
units except when the following conditions are met:
K.
Each multiple-family dwelling development containing
more than four dwelling units shall include a play area of 100 square
feet per dwelling unit.
L.
The design shall make use of all land contained in
the site. All of the site shall be related to the multiple-family
use, either parking, circulation, recreation, landscaping, screening,
building, storage, etc., so that no portion remains unplanned.
M.
Trash and garbage. Except with townhouses and multiple-family
dwellings of four or fewer units, no exterior unscreened trash and
garbage disposal or storage shall be permitted. In the case of row
houses, townhouses and multiple-family dwellings of four units or
fewer, all storage for garbage shall be completely enclosed by walls,
such as a garage or designated garbage storage area built adjacent
to a garage or home.
N.
Mixed-use commercial/multiple-family residential developments.
Mixed-use commercial/multiple-family residential developments located
in the B-2 General Business District must meet the following standards:
[Added 11-18-2002 by Ord. No. 20-02]
(1)
A minimum of 30% of the first floor of the principal
building must be developed and reserved for commercial users.
(2)
No residential dwellings shall be located on the first
floor of a commercial/residential development.
(3)
No more than 36 residential units shall be permitted
per commercial/residential development.
A.
Townhouse developments. The placing of common wall
residential dwelling units in compact groupings may be permitted in
any residential or multiple-family district (except the R-1 Single-Family
District) following issuance of a certificate of compliance. In recommending
the granting of a certificate of compliance for structures containing
three or more dwelling units but only one use, the Plan Commission
shall find that the proposed development plan is in substantial compliance
with the approved townhouse and multiple-family standards of this
chapter and the housing policies of the City of Hudson Comprehensive
Plan. All requests for certificates of compliance for townhouse developments
shall be accompanied by a series of site plans and data showing:
(1)
Complete details of the proposed site development,
including location of buildings, driveways, parking spaces, dimensions
of the parking spaces, dimensions of the lots, lot area and yard dimensions.
(2)
Complete recreation plans illustrating all recreational
facilities and structures.
(3)
Complete circulation plans for proposed pedestrian
and vehicular traffic.
(4)
Population and services required (kind and amount).
(5)
Complete plans for screening and fencing devices.
(6)
Preliminary architectural plans showing the floor
plan and elevations of the proposed buildings.
(7)
Complete plans and specifications for exterior wall
finishes proposed for all principal and accessory structures.
(8)
Complete data as to dwelling unit sizes and ratios
of dwelling units to total lot space.
(9)
A two-foot contour topographic map of the existing
site.
(10)
A grading plan illustrating the proposed grade
changes from the original topographic map. All site areas, when fully
developed, shall be completely graded so as to adequately drain and
dispose of all surface water, stormwater and groundwater in such a
manner as to preclude large-scale erosion and unwanted ponding and
surface chemical runoff.
(11)
Complete plans and documents of the homeowners'
association which explain:
(a)
Ownership and membership requirements.
(b)
Organization of the association.
(c)
Time at which the developer turns the association
over to the homeowners.
(d)
Approximate monthly or yearly association fee
for homeowners.
(e)
Specific listing of items owned in common, including
such items as roads, recreation facilities, parking, common open space
grounds and utilities.
(12)
Services and facilities plan. A services and
facilities plan shall contain a map or maps setting forth the general
location and extent of any and all existing and proposed systems for
sewage, domestic water supply and distribution, refuse disposal, drainage,
local utilities and rights-of-way, easements, facilities and appurtenances
necessary therefor.
(13)
Fire-fighting and other public safety facilities
and provisions, such as hydrant locations and fire lanes.
(14)
Landscape plan. The site, when fully developed,
shall be landscaped according to a plan approved by the Plan Commission
and Common Council. The landscape plan shall specify the size, type
and location of all trees and shrubbery and the location of all seeded
and sodded areas. In addition, any signs intended for use on the property
must also be indicated.
(15)
A soil erosion control plan for the construction
period. For any slopes in excess of 18%, plans must indicate how the
slopes will be treated to prevent erosion during the period of construction.
(16)
A construction staging plan illustrating the
staging or phasing and order of construction in specific time periods
must be provided whenever a project will be constructed over a length
of time longer than one construction season.
B.
The required plans shall be reviewed by the Plan Commission
and the Common Council. The certificate of compliance shall not be
issued until site plan approval is obtained from the Common Council,
which cannot be granted until after the public hearing. The site plans,
when approved, shall be made part of the certificate of compliance,
and noncompliance with the site plans may be deemed by the Common
Council as grounds for the revocation and suspension of the certificate
of compliance.
C.
Building permits. Following approval of the site plans,
building permits may be issued for proposed structures within the
approved development permit area, provided that:
(1)
The project appears to be in substantial conformance
with the final approved certificate of compliance and with the approved
site plans.
(2)
The necessary bonds have been acquired as provided
in this section.
(3)
The proposed improvement or building construction
is in accordance with the approved order of construction as per the
construction staging plan or other specified terms of the approved
permit as may be in any way involved respecting a stage development.
(4)
The declaration of condominium or final plat, as is
required by the terms of this chapter, has been filed with the appropriate
governmental recording agency.
(5)
The proposed structure meets the requirements of applicable
building codes.
D.
The following standards shall apply, although these
may be modified and added to under provisions of the certificate of
compliance:
(1)
Minimum project area per unit shall be 6,000 square
feet.
(2)
Diversity in housing types and architectural design
within an overall design plan shall be required.
(3)
In addition to common open space, each unit shall
have an area specifically designed and developed for outdoor living
(patio, small yard, large balcony, etc.) for individual family enjoyment
as contrasted to apartment living.
(4)
Each project shall have family or private recreation
areas specifically designed to accommodate the needs of the occupants.
(5)
Air conditioners and other apparatus shall be designed
such that they blend well with the architecture and in no way conflict
with outdoor living aspects of the project.
(6)
Applicable standards for normal multiple-dwelling
structures such as those relating to noise, fire alarms, storage of
trash and the like shall be applied to townhouse developments.
(7)
Not less than 25% of the total project area shall
be usable open space designed and developed for common use by the
occupants of the development for recreational and other common usage
participation. Open spaces between structures, including those spaces
being used as recreational areas, shall be protected by adequate covenants
or such other methods as may be specified.
(8)
The dimensions and construction of roads and parking
areas within the development, whether or not public dedication of
them is contemplated, shall conform to all applicable community construction
standards, including items such as sewer, water, storm sewer, roads
and sidewalks.
(9)
There shall be no continuous structure of townhouses
containing more than eight dwelling units.
(10)
The height of any dwelling unit shall not exceed
35 feet, nor shall the distance between principal structures be less
than 30 feet.
(11)
Any dwelling unit which contains a study or
similar room capable of being converted into a bedroom shall be considered
as having said room as a bedroom.
(12)
No townhouse project shall be permitted to exceed
the following percentage in dwelling unit types: one-bedroom or efficiency
units: 60%.
(13)
Minimum total floor area requirements shall
be the same as for multiple-family structures.
(14)
All buildings, including attached or detached
garages, shall be set back from the street curb at least 30 feet.
No building within a townhouse project shall be closer than 60 feet
to any single-family zoning district.
(15)
Each dwelling unit shall have at least three
off-street parking spaces, at least one of which shall be a garage.
(16)
The storage of boats, campers, trailers, disabled
cars or any similar uses shall be permitted only in a designated location
on the site and shall contain 1/2 parking space per dwelling unit.
This storage site shall be fenced and screened so as to not be visible
by adjoining properties.
(17)
Each dwelling shall be occupied by one family
as defined in the zoning regulations. No dwelling shall be utilized
for any purpose other than occupancy by a family.
(18)
Television antennas are to be centralized for
four or more attached groupings of dwelling units.
E.
Private streets. Whenever it does not contradict the provisions of this chapter as it relates to an adopted transportation plan or the protection of opportunities for reasonable development of surrounding land adjacent to a development proposed in the application, streets which are intended to be kept continuously closed to public travel or at all times are posted as private streets may be retained as private streets and so reflected in the final plan and made a part of the permit issued by the City of Hudson, provided that an agreement is entered into between the owner of said private streets and the City of Hudson assuring that the construction, operation and maintenance of said streets will be accomplished in accordance with approved City standards. (See § 255-65, Private roads.)
A.
Cluster developments. The placing of residential dwelling
units into compact groupings may be permitted in any residential or
multiple-family district following the completion and approval of
a preliminary and final plat for a cluster development. The Plan Commission
and Common Council shall find that the proposed development plan is
in substantial compliance with the applicable standards of this chapter.
B.
"Cluster development" shall be defined in this chapter
as a residential development in which a number of single-family dwelling
units are grouped on smaller than usual or minimum lots, leaving some
land undivided and intended for common use by all residents of the
development.
C.
Common land may be preserved as open recreation space
for recreational facilities or for preservation of natural or scenic
resources.
D.
Except for minimum setbacks and height limitations
of the district in which the development is proposed, altered dimensional
standards may be allowed as exceptions to this chapter for cluster
developments, provided that:
(1)
Open space shall be preserved. At least 40% of the
site shall be kept in its natural state or utilized for recreation.
(2)
Complete plans and documents of the homeowners' association
shall be submitted which explain:
(a)
Ownership and membership requirements.
(b)
Organization of the association.
(c)
Time at which the developer turns the association
over to the homeowners.
(d)
Specific listing of items owned in common, including
such items as roads, recreation facilities, parking, common open space
grounds, utilities and/or electrical fixtures common to the property.
(3)
No cluster development lot shall be less than 6,000
square feet in area.
(4)
Private streets. Whenever it does not contradict the provisions of this chapter as it relates to an adopted transportation plan or the protection of opportunities for reasonable development of surrounding land adjacent to a development proposed in the application, streets which are intended to be kept continuously closed to public travel or are at all times posted as private streets may be retained as private streets and so reflected upon the final plat made a part of the permit, provided that an agreement is entered into between the owner of said private streets and the City of Hudson assuring that the construction, operation and maintenance of said streets will be accomplished in accordance with approved City standards. (See § 255-65, Private roads.)
E.
Final plat. All applicants for residential single-family cluster developments shall be required to file with the appropriate governmental recording agency a plat of said clustered development complying with all of the requirements of Chapter 254, Subdivision of Land, except to the extent that the Plan Commission may have given specific permission to the effect that specific portions of Chapter 254 may be waived. Such required plats shall be filed within 120 days after the date of the action by the Common Council giving final approval.
A.
No land shall be developed or altered and no use shall
be permitted that results in surface water runoff causing unreasonable
flooding, erosion or deposit of minerals on adjacent properties or
water bodies. Such runoff shall be properly channeled into a storm
drain, a natural watercourse or drainageway, a designated ponding
area or other public facility approved by the Public Works Superintendent
and City Engineer.
B.
The Planner/Zoning Administrator, upon inspection
of any site which has created drainage problems or could create drainage
problems with proposed new development, may require the owner of said
site or contractor to complete a grading plan and apply for a grading
permit.
C.
The owner or contractor of any natural drainage improvement
or alteration may be required by the Planner/Zoning Administrator
to obtain recommendations from the Wisconsin Department of Natural
Resources, the Soil Conservation Agent and/or the City Engineer and
Public Works Superintendent, as well as a City of Hudson grading permit.
D.
On any slope in excess of 13% where, in the opinion
of the Planner/Zoning Administrator, the natural drainage pattern
may be disturbed or altered, the Planner/Zoning Administrator may
require the applicant to submit both a grading plan and a soil conservation
plan prior to applying for a building permit.
A.
Within this chapter, "land reclamation" is the reclaiming of land by depositing or moving material so as to alter the grade. Land reclamation shall be permitted only by obtaining a grading and filling permit in all districts. Depositing a total of more than 100 cubic yards of material per acre, either by hauling in or regrading an area, shall constitute land reclamation. Land reclamation in floodplains shall be in accordance with Chapter 253, Floodplain Zoning. The permit shall include as a condition thereof a finished grade plan which will not adversely affect the adjacent land and shall identify the type of material deposited, the control of vehicular ingress and egress and the drainage and control of material disbursed from wind or hauling of material to or from the site.[1]
B.
No person, partnership or association, private or
public corporation or county, City or other political subdivision
shall appropriate or use any public water without first securing a
use of public waters permit and written permission of the State Department
of Natural Resources.
(1)
For purposes of these regulations, "public waters"
shall be defined as follows: "public waters" shall include all lakes,
ponds, swamps, streams, drainageways, floodplains, floodways, natural
watercourses and similar features involving directly or indirectly
the use of water within the City of Hudson.
(2)
No public water area shall be filled, partially filled,
dredged, altered by grading, mined or otherwise utilized or disturbed
in any manner without first securing a public waters use permit from
the Wisconsin Department of Natural Resources and a grading permit
from the Planner/Zoning Administrator. Such grading permits shall
be reviewed and approved by the Department of Natural Resources, the
City Engineer, the Public Works Superintendent, the Plan Commission
and the Common Council.
A.
On any development or land reclamation project with
more than one acre of soil, drainage patterns or vegetation cover
that would be either destroyed or disturbed by the construction process,
the City Planner/Zoning Administrator and Plan Commission may require
the owner or contractor on said project to request a Wisconsin certified
professional engineer to prepare a soil conservation plan to protect
the soil from erosion or sheet runoff for the duration of the construction
project and/or over the long-term occupancy of the site.
B.
The Planner/Zoning Administrator may require a soil
conservation plan on projects which disturb less than one acre of
soil, drainage patterns or vegetation cover if, in the judgment of
the Planner/Zoning Administrator, significant soil erosion, vegetation
destruction or drainage damage may occur during the construction process.
C.
The soil conservation plan shall consist of specific
written recommendations on how to protect the soil, vegetation and
drainage patterns during the construction process. The Planner/Zoning
Administrator may require construction fencing along the edges of
the construction area.
D.
Where construction of a structure is proposed on slopes
of 13% to 18%, the Planner/Zoning Administrator may require the applicant
to provide a soil conservation plan and require a certificate of compliance.
E.
Where construction of a structure is proposed on slopes
of 18% to 25%, the Planner/Zoning Administrator shall require the
applicant to provide an soil conservation plan and a certificate of
compliance prior to issuance of a building permit.
F.
Construction of structures on slopes of greater than
25% is prohibited.
G.
The Common Council may require the applicant to post
a bond to ensure the orderly completion of the soil conservation plan
by a specific date.
A.
All farms in existence upon the effective date of
this chapter shall be a permitted use. However, all regulations contained
herein and in other City of Hudson ordinances shall apply to all changes
of the farming operation if all or part of the area shall become more
intensively used or more urban in character. Setback and other regulations
shall apply to farming operations just as they do to urban development.
Any non-dwelling structure exceeding $1,000 in value erected on a
farm shall meet the energy and structural requirements set forth for
that building in the Wisconsin Administrative Code.
B.
Rural farm operations. Rural farm operations may occur
on parcels of 10 or more acres if the property is properly zoned as
agricultural residential (AR). Rural farm operations may include the
production of farm crops, such as vegetables, fruit trees, grain and
other crops, and their storage on the area, as well as for the raising
thereon of farm poultry, domestic pets and domestic farm animals.
C.
Rural farm operations may include necessary accessory
uses for treating, storing or producing retail farm market products;
provided, however, that the operation of any such accessory uses shall
be secondary to that of the primary agricultural activity.
D.
Rural farm operations may not include commercial livestock
feedlots.
E.
Suburban farm operations. Suburban agricultural operations
may occur on parcels of less than 10 contiguous acres in an Agricultural
Residential (AR) Zoning District. Suburban agricultural operations
may include the production of crops, such as fruit trees, shrubs,
plants and flowers, vegetables and domestic pets, provided that such
produce is intended primarily for the use of the residents on the
property or sale away from the property or for temporary seasonal
produce sales which require no roadside stand.
G.
Suburban farm operations shall not include the raising
of domestic farm animals (on parcels less than five acres), roadside
stands for sales of products, processing or packaging operations or
similar uses.
H.
The Common Council may require any farm operation
not located in an Agricultural Residential (AR) Zoning District to
secure a conditional use permit to continue said operations in the
event of the following:
(1)
A nuisance on a farm is adjacent to or within 200
feet of any property line and may be detrimental to living conditions
in residential units by emitting noise, odors, vibrations, hazards
to safety and the like.
(2)
The farm operations are so intensive as to constitute
an industrial-type use, consisting of the compounding, processing
and packaging of products for wholesale or retail trade, and further
that such operations may tend to become a permanent industrial-type
operation that cannot be terminated as can a normal farming operation.
Excessive trucking operations shall be considered as intensive use.
A.
Access drives may not be placed closer than five feet
to any side or rear lot line. No access drive shall be closer than
three feet to any single- or two-family residence nor closer than
five feet to any multiple-family building or commercial/office building.
The number and types of access drives onto major streets may be controlled
and limited in the interests of public safety and efficient traffic
flow.
B.
Access drives onto state or county roads shall require
written approval from the State or County Highway Engineer. This permit
shall be acquired prior to the issuance of any building permits. The
Engineer shall determine the appropriate location, size and design
of such access drives and may limit the number of access drives in
the interest of public safety and efficient traffic flow. The Engineer
may refer the request for an access drive permit onto a state or county
road to the Plan Commission for its comment and input.
C.
Access drives to principal structures which traverse
wooded, steep or open field areas shall be constructed and maintained
to a width and base material depth sufficient to support access by
emergency vehicles operated by the City of Hudson. The City Engineer
shall review all access drives for compliance with accepted community
access drive standards.
A.
Private roads may be utilized in planned developments
and cluster developments, provided that:
(1)
Ownership and maintenance of said roads shall be the
responsibility of the homeowners' association.
(2)
Said road design shall meet or exceed the City standards
for public streets.
(3)
Said road right-of-way shall be platted as an out
lot in the final plat and shall meet or exceed the right-of-way requirements
for an equivalent public road in the City.
(4)
The homeowners' association shall establish a formal,
written procedure for petitioning City takeover of said road. The
association shall provide written evidence that at least 90% of the
voting members of the association approved the transfer of road responsibilities
to the City.
(5)
The City and the homeowners' association shall establish
an assessment procedure for all abutting, benefiting land in case
public dedication and/or upgrading of the previously existing private
road is officially petitioned for by the homeowners' association.
(6)
An easement is granted to the City by the association
which allows the City to use the road and road right-of-way for any
reasonable public purpose, including but not limited to travel by
emergency vehicles and installation of public utilities and conveniences.
B.
Private roads shall not connect two or more existing
or proposed public roads or road rights-of-way.
C.
Private roadway systems within cluster developments
or planned unit developments shall provide access to the public community
road system only and shall not connect with private roads of other
developments without the formal written approval of each homeowners'
association and the City Council.
D.
Before final approval is given for a private road by the Common Council, the homeowners' association shall grant the City an option to acquire the full right-of-way otherwise required by this chapter and Chapter 254, Subdivision of Land, for public road purposes along the entire length of such private road at such time as the Common Council, in its sole discretion, determines that it is in the public interest to acquire the road without any cost to the City.
In all districts, the following standards shall
apply:
A.
A certificate of compliance shall be required for
all public, semipublic, private or commercial outdoor tennis courts.
B.
An application for a certificate of compliance shall
include a site plan showing:
(1)
The size, shape and pavement and subpavement materials;
(2)
The location of the court;
(3)
The location of the house, garage, fencing, septic
systems, alternate field locations and any other structural improvements
on the lot;
(4)
The location of structures on all adjacent lots;
(5)
A grading plan showing all revised drainage patterns
and finished elevations at the four corners of the court;
(6)
Landscaping and turf protection around the court;
and
(7)
Location of existing and proposed exterior wiring
and lighting facilities.
C.
Tennis courts shall not be located closer than 10
feet to any side or rear lot line. Tennis courts shall not be located
within any required front yard.
D.
Tennis courts shall not be located over underground
utility lines of any type, nor shall any court be located within any
private or public utility, walkway, drainage or other easement.
E.
Solid tennis court practice walls shall not exceed
10 feet in height. A building permit shall be required for said walls.
Said walls shall be set back a minimum of 30 feet from any lot line.
F.
Chain link fencing surrounding the tennis court may
extend up to 10 feet in height above the tennis court surface elevation.
G.
Lights shall not exceed 30 feet in height and shall
be set back a minimum of 30 feet from any property line. A building
permit shall be required for all lighting proposed.
A.
CLEAR-CUTTING
SELECTIVE CUTTING
For purposes of this chapter, the following definitions
are made:
Removal of all live vegetation in excess of six inches in
diameter at four feet of height on any area of 20,000 square feet
or more in size.
The removal of single scattered live trees or shrubs in excess
of six inches in diameter at four feet of height.
B.
Clear-cutting of vegetation shall not be permitted
within any required yard or any lot or parcel within any zoning use
district.
A.
Because of the varied terrain, severe slopes and erodible
soils within the City of Hudson, lot shapes may be created with flexibility
to adapt to the above conditions. Said lots may allow construction
of housing on the more buildable sites within a subdivision which
normally would not be reached from existing frontages. The Plan Commission
and Common Council shall be required to approve all flag lots.
B.
For the purposes of this chapter and Chapter 254, Subdivision of Land, flag lots shall have the following:
(1)
Limited frontage but not less than 30 feet on a publicly
dedicated right-of-way. There shall be no other accessible public
frontage for said lot.
(2)
An access drive, paved and constructed to a strength
capable of supporting emergency vehicles to within 50 feet of the
structure. Said access drive shall be as straight and level as possible.
(3)
Said access drive shall conform to the required standards of § 255-65 of this chapter and shall not be on a parcel of land less than 30 feet wide. This access shall be maintained as landscaped yard similar to adjacent properties.
(4)
Said lot shall meet all other area, size and setback
requirements of the zoning district in which it is located.
(5)
Any auxiliary pumps and utility support equipment
necessary to make said lot buildable shall be the responsibility of
the owner and shall be approved by the Common Council upon recommendation
by the Public Works Superintendent or City Engineer prior to issuance
of any building permit.
C.
Assessments for street improvements and utilities
for flag lots shall be determined on a frontage plus lot area basis
or as approved by the City Engineer and Common Council.
A.
The extraterritorial zoning district is that area
lying outside the City of Hudson but within three miles of the City
limits, as shown on the map titled "Extraterritorial Zoning, City
of Hudson." The purpose of the extraterritorial district is to provide
for proper zoning and control over said area and allow for the orderly
growth and expansion of the City of Hudson.
[Amended 11-21-2022 by Ord. No. 12-22]
B.
Use. In the extraterritorial district, no building or premises shall be used and no building shall hereafter be erected or structurally altered unless otherwise provided in this chapter and § 255-24.
(1)
Existing agricultural uses may continue regardless
of extraterritorial zoning.
(2)
In a single-family zoning district in the extraterritorial
district, farming with stock will be allowed on 40 acres or more.
(3)
In a single-family zoning district in the extraterritorial
district, livestock and animals will be allowed on lots of the size
of 1 1/2 acres or more, with the total population of animals
not to exceed one per acre.
(4)
Animal shelters, barns, corrals, feedlots, etc., shall
be located more than 100 feet from any existing non-farm residence
and greater than 50 feet from any lot line.
C.
Lot sizes. Lots not served by sanitary sewer in a
single-family residence district shall be at least 24,000 square feet.
D.
Setbacks. Building setback distances from roads or
streets in any industrial district in the extraterritorial district
shall be as follows:
(1)
Class D highway (township road). Buildings shall have
a setback of 100 feet from the center line of the highway and no closer
than 67 feet to highway right-of-way.
(2)
Class C highway (St. Croix County). Buildings shall
have a setback of 100 feet from the center line of the highway and
no closer than 67 feet to the highway right-of-way.
(3)
Class B highway (State of Wisconsin). Buildings shall
have a setback of 150 feet from the center line of the highway and
no closer than 67 feet to the highway right-of-way.
(4)
Class A highway (interstate). Buildings shall have
a setback of 150 feet from the center line of the highway and no closer
than 75 feet to the highway right-of-way and no closer than 35 feet
to the fences along said interstate highway.
(5)
All other streets and roads (City, etc.). The setback
distance shall be at least 50 feet from the right-of-way.
E.
Building permits. Building permits in the extraterritorial
district will be issued by the Town of Hudson, but the City Building
Inspector or Planner/Zoning Administrator shall approve such permits
as to proper zoning prior to their issuance.
F.
Enforcement. Enforcement of the extraterritorial zoning
district shall be by the City Building Inspector and Planner/Zoning
Administrator, the same as provided for zoning enforcement within
the City, with penalties for violations also being the same.
G.
Conditional use permits. Conditional uses provided for in this chapter shall also apply to the extraterritorial district (see § 255-76). Said conditional uses shall be referred to the Joint Extraterritorial Zoning Committee instead of the City Plan Commission.
H.
Amendments to districts. The Common Council may amend
the districts and regulations after first submitting the proposed
amendment to the Joint Extraterritorial Zoning Committee for its recommendation
and report, as well as the City of Hudson Plan Commission.
I.
Nonconforming uses. The nonconforming uses provisions in this chapter (§ 255-7) shall apply to the extraterritorial district. Any changes in nonconforming uses shall be subject to the nonconforming uses provisions in § 255-7, which shall apply to the extraterritorial district; provided, however, that said matter is referred to the Joint Extraterritorial Zoning Committee instead of the City Plan Commission.
J.
Board of Appeals. The provisions relating to the Board
of Appeals in this chapter shall also apply to the extraterritorial
district.
[1]
Editor's Note: Former § 255-70, Bed-and-breakfast
establishments, was repealed 6-1-2020 by Ord. No. 11-20.
Day-care centers and preschool nurseries in
multiple-family residential districts only are permitted by conditional
use permit.
A.
Reuse of public buildings for commercial/multiple-family
residential uses are permitted by conditional use permit. The purpose
of this provision is to permit reuse of public buildings, such as
governmental offices and churches, which are of historic or architectural
significance to the community. Such public buildings, upon compliance
with the following conditions, may be used for commercial or multiple-family
purposes. It is intended that such reuse of public structures will
prevent such structures from falling into disrepair. The permit shall
be discretionary based on a finding that reuse of the property will
not have substantial negative impact on the surrounding neighborhood.
Criteria of review shall include, but not be limited to:
(1)
Existing use of property under the public entity.
(2)
Proposed reuse of property for commercial or multiple-family
reuse.
(3)
Architectural and historical significance of the structure.
(4)
Land uses of the surrounding property.
(5)
Private covenants proposed by property owner.
(6)
Proximity of subject property to existing commercial
or multiple-family residences.
(7)
Availability of off-street parking.
B.
The Common Council, as part of the approval process,
may place any or all of the following conditions on the subject property:
(1)
Types of commercial uses may be limited. Examples
of desirable uses are museums, private art galleries, theaters, antique
stores or public meeting rooms.
(2)
Hours of operation may be limited.
(3)
Exterior lighting and signing may be limited.
(4)
Expansion of the existing building may be limited.
(5)
May require review of architectural plans for all
improvements.
(6)
Limits may be placed on off-street parking for use
of the subject property.
(7)
Screening and buffering may be required.
(8)
Other such conditions deemed appropriate to ensure
that such reuse fulfills the purpose of this provision.
A.
A conditional use permit under this section shall
be required for recyclable material collection facilities, except
for those facilities which are enclosed within the principal use of
the premises and for mobile recycling units placed on a premises for
not more than one day per week and operated within the hours of 8:00
a.m. to 7:00 p.m.
B.
MOBILE RECYCLING UNIT
RECYCLABLE MATERIAL
RECYCLING FACILITY
(1)
REVERSE VENDING MACHINE
(1)
(2)
Definitions. For purposes of this section, certain
words and phrases are defined as follows:
An automobile, truck, trailer or van licensed by the Wisconsin
or Minnesota Department of Motor Vehicles which is used for the collection
of recyclable materials. "Mobile recycling unit" also means the bins,
boxes or containers transported by trucks, vans or trailers and used
for the collection of recyclable materials.
Reusable materials, including but not limited to metals,
glass, plastic and paper, which are intended for reuse, remanufacture
or reconstitution for the purpose of using the altered form. "Recyclable
material" does not include refuse or hazardous materials. "Recyclable
material" may include used motor oil collected and transported in
accordance with Wisconsin statutes and administrative rules.
A center for the collection and/or processing of recyclable
materials. "Recycling facility" does not include storage containers
or processing activity located on the premises of a residential, commercial
or manufacturing use and used solely for the recycling of material
generated by that residential property, business or manufacturer.
"Recycling facility" may include the following:
COLLECTION FACILITYA center for the acceptance by donation, redemption or purchase of recyclable materials from the public. "Collection facility" may include the following:
An automated mechanical device which accepts
at least one or more types of empty beverage containers, including
but not limited to aluminum cans, glass and plastic bottles, and issues
a cash refund or a redeemable credit slip with a value of not less
than the containers' redemption value as advertised. A reverse vending
machine may sort and process containers mechanically, provided that
the entire process is enclosed within the machine. In order to accept
and temporarily store all three container types in a proportion commensurate
with their relative redemption rates, multiple grouping of reverse
vending machines may be necessary.
A bulk reverse vending machine is a reverse
vending machine and is designed to accept more than one container
at a time and will pay by weight instead of by container.
C.
Conditions and approval. Small collection facilities
may be permitted, provided that they comply with the following provisions:
(1)
Bulk reverse vending machines shall not be greater
than 100 square feet or 300 square feet cumulatively.
(2)
Use of small collection facilities shall be limited
to commercial- or industrial-zoned properties.
(3)
The facility should be set back a minimum of 10 feet
from property lines.
(4)
The facility shall be placed no closer than 150 feet
to property lines of residentially zoned property.
(5)
Facilities located within 300 feet of a property zoned
or occupied for residential use shall operate only during the hours
between 8:00 a.m. and 8:00 p.m. on weekdays and 10:00 a.m. and 5:00
p.m. on weekends (Saturdays and Sundays).
(6)
Each small collection facility shall provide for storage
of materials in a building or enclosed storage area.
(7)
Daily cleanup shall be performed to remove litter,
trash or materials left outside of disposal containers.
(8)
Reverse vending machines located in a commercial/industrial
structure do not require discretionary permit.
(9)
The units shall not obstruct pedestrian or vehicular
circulation.
(10)
The units shall not be placed in existing parking
stalls required for the primary use of the site.
(11)
The unit or machine shall not be more than 12
feet in height.
(12)
The machines shall include clear signs identifying
the type of materials to be deposited and operating instructions for
use of the machines and shall provide the identity, including telephone
number, of the operator or responsible person to call if a machine
is inoperative. Such signage shall not exceed eight square feet.
(13)
The permit may be revoked by the Common Council
upon public hearing and finding that the facility has become a nuisance
to the public because conditions of approval have not been maintained.
(15)
Each machine shall have posted in a conspicuous
location the rate of payment for the recyclables deposited into the
unit.
(16)
All recycling facilities existing prior to the
date of the enactment of this section, except those existing prior
to January 1, 1991, shall comply with the provisions of this section
within one year after the adoption of this section.
[Added by Ord. No. 8-95]
A.
State Administrative Code adopted. The provisions
of Chapter 62 and Sections ILHR 14.143 through 14.51, Wisconsin Administrative
Code, are hereby adopted and made a part of this chapter by reference.
A violation of any such provision shall constitute a violation of
this section. Any future amendments, revisions or modifications of
said sections of the Administrative Code shall, without further action
by the Common Council, be made a part of this section.
B.
Permit required. No person shall erect, install or
maintain any tent or air-supported structure in any industrial or
commercial district without first having procured a permit as provided
in this section.
C.
Application. Application shall be made to the Planner/Zoning
Administrator, on forms provided by the City, which shall include
a drawing setting forth the location of the tent, property lines,
proposed use of the tent and location of utilities.
D.
Approval process. The application shall be reviewed
by the Planner/Zoning Administrator with consultation with the Fire
Inspector, and, if the applicant meets the conditions of this section,
a conditional approval shall be granted. If the permit is denied,
the Planner/Zoning Administrator shall advise the applicant of the
deficiencies, allowing the applicant to resubmit.
F.
Length of permit. Any permit granted under this section
shall not exceed a period of 15 days.
G.
Restrictions. Any permit granted under this section
shall be subject to the following restrictions:
(1)
No sales or storage of any type of flammable or combustible
materials shall be allowed in the tent.
(2)
Smoking shall be prohibited within any such tent or
air-supported structure.
(3)
The use of grills or cooking appliances within the
tent or air-supported structure shall be allowed, provided that there
is proper fire-extinguishment equipment and that the storage of the
fuel source is located 15 feet from the tent or air-supported structure.
I.
Penalties. This section shall be enforced by the Planner/Zoning Administrator or Fire Inspector. Any person who violates any provision of this section shall be subject to a forfeiture as provided in § 255-92, with each day constituting a separate offense, and, in addition, the permit may be revoked.[3]
[Added by Ord. No. 6-96]
A.
Use of stormwater detention basin/ponding easement
areas for development purposes may be permitted upon review and approval
of a conditional use permit. The purpose of this provision is to permit
development of privately owned property on which the City of Hudson
has been granted stormwater detention basin/ponding easements.
B.
The issuance of the permit is discretionary by the
City upon review and finding by the Plan Commission and final consideration
by the Common Council regarding the following issues:
(1)
Maintenance. Development shall not be disruptive of
the required maintenance of the stormwater detention basin/ponding
easement area, and the private property owner agrees to stipulations
of maintenance of the easement area through an agreement between the
City of Hudson and property owner.
(2)
Accessibility. The City of Hudson emergency services
(ambulance, fire and police) must review and recommend an emergency
access plan.
(3)
Floodproofing.
(a)
Development of any building(s) must include
floodproofing of the building(s) to an elevation at least three feet
above the one-hundred-year high water elevation as established by
the City of Hudson Comprehensive Surface Water Drainage Plan, 1992.
Plans for building(s) subject to this provision must be certified
by a Wisconsin registered engineer that the building(s) has been floodproofed
to the elevation required by the City of Hudson.
(b)
"Floodproofing" is defined as a combination
of structural provisions, changes or adjustments to properties and
structures, water and sanitary facilities and contents of buildings
subject to flooding for the purpose of reducing or eliminating flood
damage.
(4)
Indemnification. The owner of the land shall execute
and record in the office of the Register of Deeds of St. Croix County
a covenant, running with the land, binding the owner, successors and
assigns, indemnifying and saving the City of Hudson harmless for any
loss, damage or claim resulting from the use of the easement area
for development purposes.
(5)
The Plan Commission may recommend and the Common Council
may place any and all conditions on the property to ensure compatibility
of development with the stormwater detention basin/ponding easement
area. The permit shall require minimally a biannual review of the
property owner's compliance with the conditions of the permit.
[Added 7-23-2012 by Ord. No. 9-12]
A.
Indoor gun ranges may be permitted upon approval of a certificate of compliance, pursuant to § 255-77, by the City of Hudson Common Council.
B.
The application for a certificate of compliance for indoor gun ranges shall include the information required in § 255-77E and shall address the following criteria or issues:
(1)
The range shall be designed so that the floors, walls and ceilings
are impenetrable. The walls, partitions, and ceilings of the ranges
must be capable of stopping all projectiles fired on the range by
containing or redirecting bullets to the backstop. Applicants for
placement of a shooting range in an existing building shall submit
a structural analysis of the building that shows that the building
is designed or can be modified to be capable of supporting the load
necessary for a shooting range.
(2)
Floor drains shall not discharge into the public sanitary or
stormwater systems.
(3)
The building shall be constructed or modified (in the case of
existing buildings) to provide acoustical treatment for noise control
so that any noise from the range that is audible outside the building
will be similar to, consistent with, and shall not exceed outside
noise conditions existing before development of the shooting range.
Airtight insulation around doors, windows, HVAC ducts, walls and ceilings
shall be provided and acoustical materials shall be applied to walls,
HVAC ducts and floor and ceiling areas to reduce noise.
(4)
The use of ballistic rubber backstops is preferred. If some
other type of backstop system is proposed, the applicant shall describe
how the alternative system meets or exceeds the performance standards
of a ballistic rubber backstop system.
(5)
The application shall describe the proposed ventilation/air
exchange system, so that air quality issues can be addressed.
(6)
All hazardous materials shall be disposed of pursuant to local,
state and federal requirements.
[Added 4-7-2014 by Ord. No. 3-14]
A.
Purpose.
(1)
The purpose of this section is to establish standards for breweries,
distilleries, brewpubs, and wineries in commercial and industrial
zoning districts.
(2)
These provisions establish the framework for City review of
applications for breweries, distilleries, brewpubs, and wineries,
the zoning districts in which they are permitted, and the standards
which apply to development of these businesses in the various zoning
districts.
(3)
The facility types and review standards established in this
chapter are not intended to modify or supersede Wisconsin statutory
regulation of breweries, distilleries and wineries, although the City
does intend to regulate these uses to the fullest extent allowed by
law to protect the public health, safety, and welfare.
B.
ANCILLARY
BREWERY
BREWERY OFF-SITE RETAIL OUTLET
BREWPUB
DISTILLERY
PRINCIPAL BUSINESS
WINERY
Definitions. For the purposes of this section, the following definitions
of "brewery," "off-site retail outlet," "distillery," "brewpub," and
"winery" are established.
A use that is subordinate to a principal business which is
operated on the same premises as the ancillary principal business
use.
[Amended 1-20-2020 by Ord. No. 2-20]
An establishment or facility that manufactures fermented
malt beverages for sale or transportation and has a permit under § 125.29,
Wis. Stats. A brewery may operate an off-site retail outlet, subject
to the requirements of § 125.29, Wis. Stats., and all requirements
of the Hudson City Code. A brewery does not include a permittee under
§ 125.295, Wis. Stats. (Brewpub).
An establishment operated by a brewery at a site separate
from the brewery manufacturing premises, where fermented malt beverages
are sold for on-premises or off-premises consumption, subject to the
requirements and limitations of § 125.29(3), Wis. Stats.
There shall be no bottling, manufacturing, or packaging activities
conducted on a brewery off-site retail outlet. Activities at a brewery
off-site retail outlet shall be limited to retail sales of fermented
malt beverages as allowed in § 125.29(3), Wis. Stats., and/or
operation of a restaurant, if it meets all requirement of Hudson City
Code and is permitted under the conditional use permit.
An establishment or facility which has a permit under § 125.295,
Wis. Stats., which manufactures fermented malt beverages and operates
a restaurant on the premises.
An establishment or facility that manufactures intoxicating
liquor on the premises and has been issued a manufacturer's permit
under § 125.52, Wis. Stats.
The primary activity as determined by analyzing the amount
of capital, labor, time, attention and floor space devoted to each
business activity and by analyzing the sources of net income and gross
income. The name, appearance, and advertising of the entity may also
be taken into consideration if they are given less weight.
An establishment or facility that manufactures and bottles
wine on the premises for sale to wholesalers and has a permit issued
under § 125.53, Wis. Stats.
C.
Uses permitted by zoning district.
(1)
The table below establishes the level of review by which applications
for various types of breweries, brewery off-site retail outlets, distilleries,
brewpubs and wineries will be processed. If a zone is not listed in
the table, breweries, brewery off-site retail outlets, distilleries,
brewpubs, and/or wineries are not permitted in that zoning district.
(2)
Review standards and procedures will include certificates of compliance under Hudson City Code § 255-77 and conditional use permits under Hudson City Code § 255-76, and requirements established in this section.
[Amended 5-15-2017 by Ord. No. 7-17; 1-20-2020 by Ord. No. 2-20]
|
Breweries, Brewery Off-Site Retail Outlets, Brewpubs,
Distilleries and Wineries: Permitted Zoning Districts and Required
Reviews
| |||||
|---|---|---|---|---|---|
|
B-2
General Business
|
B-3
Central Business
|
I-1
Light Industrial
|
I-2
General Industrial
| ||
|
Brewery
|
CUP
|
CUP
|
CC
|
CC
| |
|
Brewery off-site retail outlet
|
CUP
|
CUP
|
CC
|
NP
| |
|
Brewpub
|
CUP
|
CUP
|
CC
|
NP
| |
|
Distillery
|
CUP
|
CUP
|
CC
|
CC
| |
|
Winery
|
CUP
|
CUP
|
CC
|
CC
| |
|
NOTES:
| |
|---|---|
|
CC - Certificate of compliance
| |
|
CUP - Conditional use permit
| |
|
NP - Not permitted
|
D.
Limits on production areas and tasting rooms. The maximum area devoted
to production and tasting rooms are limited in the B-3 Central Business
District (downtown commercial area):
[Amended 5-15-2017 by Ord. No. 7-17]
|
Production Area*
(square feet)
|
Tasting Room Area
(square feet)
| |
|---|---|---|
|
Brewery
|
3,000
|
4,000, but no minimum if the brewery is ancillary to a restaurant
which is the principal business
|
|
Brewpub
|
3,000
|
Not applicable
|
|
Distillery
|
3,000
|
4,000, but no minimum if the distillery is ancillary to a restaurant
which is the principal business
|
|
Winery
|
3,000
|
4,000 but no minimum if the winery is ancillary to a restaurant
which is the principal business
|
|
NOTES:
| ||
|
*
|
Does not include storage area.
| |
E.
Limits on type of food service. Breweries, retail outlets, brewpubs,
distilleries, and wineries located in an I-1 Light Industrial Zoning
District will be allowed limited food service on-site, upon the approval
of a certificate of compliance. Limited food service may include food
provided by the brewery, retail outlets, brewpubs, distillery, or
winery, through a catering service, prepackage or off-site restaurant
delivery. Breweries, retail outlets, brewpubs, distilleries and wineries
located in an 1-1 Light Industrial Zoning District will be allowed
to operate a restaurant/cafe as permitted upon approval of a conditional
use permit.
[Amended 1-20-2020 by Ord. No. 2-20]
G.
Certificate of compliance standards. Where a use is specified as requiring a certificate of compliance, the standards and requirements of § 255-77 apply. The following standard also applies for a certificate of compliance required for breweries, distilleries, brewpubs, and wineries and carries the same importance in the review.
(1)
Manufacturing, crushing and fermentation operations shall be
managed such that byproducts are contained and disposed of in a manner
that does not generate spillover effects onto adjacent property, public
spaces, or public right-of-way. Proposed connections to the City sanitary
sewer system including any required pretreatment system shall be submitted
as part of a certificate of compliance application.
H.
Conditional use permit standards. Where a use is specified as a conditional use permit (CUP), the standards and requirements of § 255-76 apply. The following standards also will apply for conditional use permits required for breweries, brewery off-site retail outlets, distilleries, brewpubs, wineries and distilleries and any restaurants associated with any brewery, brewery off-site retail outlets, distillery, brewpub or winery and carry the same importance in the review.
[Amended 5-15-2017 by Ord. No. 7-17]
(1)
Distilleries, breweries, brewpubs and wineries with primary
manufacturing, processing and on-site fermentation are permitted in
the B-3 Central Business District and the B-2 General Business District
through the approval of a conditional use permit only if it can be
demonstrated that their production manufacturing level is not at a
level that would be considered more on an industrial than commercial
scale and the manufacturing activities would be compatible with the
pedestrian-oriented commercial development of the Central Business
District (downtown commercial district) and the commercial operations
in the General Business District. Considerations include hours of
operation, noise, odors, and other similar considerations.
(2)
Traffic and material handling activities are of a scale typical
of commercial deliveries in the zoning district which the use is proposed.
(3)
Traffic and material handling activities do not disrupt vehicle
and pedestrian traffic operations normally conducted in the area and
zoning district within which the use is proposed.
(4)
Crushing and fermentation operations shall be managed such that
byproducts are contained and disposed of in a manner that does not
generate spillover effects onto adjacent property, public spaces,
or public right-of-way. Proposed connection to the City sanitary sewer
system including any required pretreatment system shall be submitted
as part of the conditional use permit application.
(5)
No outside storage is permitted, other than commercial refuse
containers, but not for byproducts.
(6)
Mitigation of environmental and other off-site impacts, including
but not limited to noise, odors, insects, and reuse of water resources,
shall be addressed.
(7)
Hours of operation.
(a)
The hours for retail sale or furnishing of fermented malt beverages
for on-premises or off-premises consumption at the premises of a brewery,
a restaurant operated on brewery premises, or the premises of a brewery
off-site retail outlet, shall be limited to the hours established
under Wisconsin Statutes or Hudson City Code, whichever is more restrictive,
applicable to Class "B" licensed premises for sale of fermented malt
beverages.
(b)
The hours of operation for furnishing of intoxicating liquor
for on-premises consumption at the premises of a brewery, a restaurant
operated on brewery premises, or the premises of a brewery off-site
retail outlet [if furnishing of intoxicating liquor for on-premise
consumption is authorized under § 125.29(h), Wis. Stats.]
shall be limited to the hours established under Wisconsin Statutes
or Hudson City Code, whichever is more restrictive, applicable to
Class "B" licensed premises.
(c)
The hours of operation for sale of fermented malt beverages
for off-premises consumption at a brewery or a brewery off-site retail
outlet shall be limited to the hours established for Class "A" licensees
if the brewery or brewery off-site retail outlet sells beer for off-premises
consumption only.
(8)
The hours of operation for furnishing intoxicating liquor manufactured
on a distillery premises for on-premises consumption shall be limited
to hours authorized for a Class "B" intoxicating liquor license under
Ch. 125, Wis. Stats. Hours of operation for retail sale of intoxicating
liquor manufactured on the premises of a distillery for off-premises
consumption shall be limited to the hours established for a Class
"A" license under Ch. 125, Wis. Stats.
(9)
A winery that has only a Department of Revenue permit under
§ 125.53, Wis. Stats., and no municipal alcohol beverage
or wine license shall not furnish taste samples of wine made on the
premises between the hours of 9:00 p.m. and 8:00 a.m.
(10)
Any restaurant operated on brewery premises and any brewery
off-site retail outlet must comply with all applicable off-street
parking requirements and any other applicable requirements of Hudson
City Code.
