Hudson City Zoning Code
ARTICLE II
General Provisions
§ 255-5 More stringent requirements to govern.
Whenever any provision of this chapter imposes more stringent requirements, regulations, restrictions or limitations than are imposed by or required by the provisions of any other City law or ordinance, then the provisions of this chapter shall govern. Whenever the provisions of any other law or ordinance impose more stringent requirements than are imposed or required by this chapter, then the provisions of such law or ordinance shall govern.
§ 255-6 Applicability.
A.
Except as hereinafter provided, no building or structure shall be erected, moved, altered or extended, and no land, building or structure or part thereof shall be occupied or used, unless in conformity with regulations specified in this chapter for the zoning district in which it is located.
B.
Application to existing structures. This chapter shall not apply to existing buildings and structures nor to the existing use of any building, structure or land to the extent of such use on the effective date of this chapter. However, this chapter shall apply to any change in use of land subsequent to the effective date of this chapter.
§ 255-7 Nonconforming uses, buildings and structures.
A.
Preservation of nonconforming uses. Except as hereinafter provided in this chapter, the lawful use of land or the lawful use of a building or structure existing on the effective date of this chapter or on the effective date of any amendment thereto may be continued although such use does not conform to the provisions of this chapter; provided, however, that:
(1)
Any future use of such land, building or structure shall conform to the provisions of this chapter.
(3)
A preexisting use which under this chapter would require a conditional use permit shall automatically be considered an approved conditional use on the effective date of this chapter. Future alterations, enlargements or intensifications of such use shall require a public hearing and an amendment of the conditional use permit.
B.
Preservation of dimensionally substandard buildings or structures.
(1)
Buildings or structures lawfully existing on the effective date of this chapter or any amendment thereto may be maintained although such buildings or structures do not conform to the dimensional standards of this chapter.
(2)
Any such building or structure listed in Subsection B(1) above shall not be structurally altered or improved beyond normal maintenance and safety standards.
(3)
Any building or structure which is considered substandard only because it cannot meet the setback requirements of the zoning district may be altered or structurally improved, provided that such alterations or structural improvements shall not increase any existing substandard dimension.
C.
Unlawful uses, buildings or structures. No unlawful use of property existing on the effective date of this chapter or any amendment thereto nor any building or structure which is unlawfully existing on such date shall be deemed a nonconforming use or a nonconforming building or structure.
D.
Permit holders and permit applicants. Any nonconforming structure that is ready for or under construction on the effective date of this chapter or any amendment thereto may be completed and occupied in accordance with the requirements of any valid building permit issued therefor prior to such effective date.
E.
Change from one nonconforming use to another.
(1)
A nonconforming use may be changed only to a use permitted in the zoning district in which it is located, except that if no structural alterations are made a nonconforming use of a building may be changed to another nonconforming use of the same or a more restrictive classification, and provided that such change is approved by the Common Council as hereinafter provided. Once changed to a conforming use, no building or land shall be permitted to revert to a nonconforming use.
(2)
Change of use with approval of the Common Council. A nonconforming use, all or partially conducted in a building or buildings, may be changed to another nonconforming use only upon determination by the Common Council, after a public hearing and recommendation of Plan Commission, that the proposed new use will be no more detrimental to its neighborhood and surroundings than is the use it is to replace. In determining relative detriment, the Common Council shall take into consideration, among other things, traffic generated, nuisance characteristics, such as the emission of noise, dust and smoke, fire hazards and the hours and manner of operation.
F.
Restoration of nonconforming building or structure.
(1)
A nonconforming building or structure which is damaged or destroyed by fire, flood, wind, earthquake or other calamity may be restored and the occupancy or use of such building, structure or part thereof which existed at the time of such partial destruction may be continued or resumed, provided that the restoration is started within a period of one year and is diligently pursued to completion, unless the damage to such building or structure is equal to 60% or more of the replacement cost thereof, exclusive of foundation (as determined by the Building Inspector), in which case the reconstruction shall conform to the provisions of this chapter.
(2)
Repairs and maintenance. On any building devoted in whole or in part to any nonconforming use, work may be done in any period of 12 consecutive months on ordinary repairs or on repairs or replacement of nonbearing walls, fixtures, wiring or plumbing to an extent not to exceed 50% of the equalized value at the time of passage of this chapter and shall not be increased. Nothing in this chapter shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by any official charged with protecting the public safety and upon order of such official. Nothing in this chapter shall allow for the expansion or replacement of any building or structure, or any portion thereof, containing a nonconforming use.
G.
Abandonment of use. When any nonconforming use of land or of a building or structure is abandoned for a period in excess of one year, such land, building or structure shall, thereafter, be used only as provided by this chapter.
§ 255-8 Utilities.
A.
In any zoning district within the City of Hudson, no new residential, commercial or industrial development of land may be allowed if City water and sewer are not available without first receiving a conditional use permit.
B.
Installation of on-site septic systems, when allowed, and individual water wells shall comply with the most current well and septic system standards set forth by the Wisconsin Department of Health, Wisconsin Department of Industry, Labor and Job Development and the Wisconsin Department of Natural Resources (DNR).
[Amended 5-1-2000 by Ord. No. 9-00]
C.
All utilities in new developments in any zoning district shall be placed underground.
§ 255-9 Vacated public ways.
Whenever any street, alley or other public way within the City of Hudson shall be vacated, such street, alley or other public way, or portion thereof, shall automatically be classified in the same zoning district as the property to which it is attached.
§ 255-10 Lots adjoining alleys.
In calculating the area of a lot that adjoins an alley for the purpose of applying lot area requirements of this chapter, 1/2 the width of such alley abutting the lot shall be considered as part of such lot.
§ 255-11 Essential services.
The erection, construction, alteration or maintenance by public utilities or municipal departments or commissions of overhead, surface or underground gas, electrical, steam or water distribution or transmission systems or collection, communication, supply or disposal systems, including mains, drains, sewers, pipes, conduits, tunnels, wires, cables, fire alarm boxes, police call boxes, traffic signals, hydrants, towers, poles, electrical substations, gas regulator stations and other similar equipment and accessories in connection therewith, reasonably necessary for the furnishing of adequate service by such public utility or municipal department or commission or for the public health, safety or general welfare shall be exempt from the regulations of this chapter; provided, however, that the installation may be subject to obtaining a certificate of compliance from the Planner/Zoning Administrator.
§ 255-12 Annexed areas.
[Amended by Ord. No. 11-95]
A.
All territory annexed to the City from the City's extraterritorial zoning area established under W.S.A. s. 62.23(7a) shall, on annexation, retain the same zoning classification that it held while the territory was in the extraterritorial zoning area.
B.
All territory annexed to the City which at time of annexation was not a part of the extraterritorial zoning area shall, at the time of annexation, receive a temporary zoning classification as authorized under W.S.A. s. 66.021(7)(a).[1] Before introduction of an annexation ordinance containing a temporary zoning classification, the proposed zoning classification shall be referred to and recommended by the Plan Commission. The authority to make such temporary classification shall not be effective where the county ordinance prevails during litigation as provided in W.S.A. s. 59.69(7).
[Amended 5-1-2000 by Ord. No. 9-00]
[1]
Editor's Note: Section 66.021(7)(a), Wis. Stats., was renumbered in part and repealed in part by 1999 Act 150, §§ 44 to 63, effective 1-1-2001. See now § 66.0217(8)(a), Wis. Stats.