Hudson City Zoning Code
ARTICLE IV
Performance and Design Standards
§ 255-26 Minimum standards.
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.
§ 255-27 Principal buildings.
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.
§ 255-28 Accessory buildings and structures.
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.
§ 255-29 Public convenience structures.
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.
§ 255-30 Fences.
§ 255-31 Exterior storage.
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.
§ 255-32 Environmental pollution.
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.
§ 255-33 Screening.
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.
§ 255-34 Landscape requirements.
[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.
§ 255-35 Reasonable maintenance required.
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.
§ 255-36 Traffic control.
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.
§ 255-37 Storage of flammable and combustible liquids.
[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.
§ 255-38 Explosives.
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.
§ 255-39 Fallout shelters and other underground structures.
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.
§ 255-40 Guest houses.
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]
§ 255-41 Dwelling units in commercial and industrial districts.
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.
§ 255-42 Drive-in business.
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.
§ 255-43 Radiation and electrical interference.
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.
§ 255-44 Satellite television dish.
[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.
§ 255-45 Placement of communication antennas on water towers.
[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.
§ 255-46 Swimming pools.
§ 255-47 Lighting, lighting fixtures and glare.
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.
§ 255-48 Off-street parking requirements.
[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.
§ 255-49 Off-street parking lots.
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.
§ 255-50 Off-street loading and unloading.
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.
§ 255-51 Interim or temporary uses and structures.
[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.
§ 255-52 Automobile sales and showrooms.
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.
§ 255-53 Livestock.
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.
§ 255-54 Home occupations.
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]
§ 255-55 Historic sites with commercial uses.
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.
§ 255-56 Service stations.
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.
§ 255-57 Apartments and other multifamily uses.
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.
§ 255-58 Townhouse developments.
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.)
§ 255-59 Cluster developments.
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.
§ 255-60 Drainage.
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.
§ 255-61 Land reclamation and land grading.
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.
§ 255-62 Soil conservation plan.
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.
§ 255-63 Farming operations.
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.
§ 255-64 Access drives.
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.
§ 255-65 Private roads.
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.
§ 255-66 Tennis courts.
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.
§ 255-67 Vegetative cutting.
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.
§ 255-68 Flag lots.
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.
§ 255-69 Extraterritorial zoning district.
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.
§ 255-70 (Reserved) [1]
[1]
Editor's Note: Former § 255-70, Bed-and-breakfast establishments, was repealed 6-1-2020 by Ord. No. 11-20.
§ 255-71 Day-care centers.
Day-care centers and preschool nurseries in multiple-family residential districts only are permitted by conditional use permit.
§ 255-72 Reuse of public buildings.
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.
§ 255-73 Recyclable material collection facilities.
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.
§ 255-74 Tents and air-supported structures.
[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]
§ 255-75 Use of stormwater detention basin/ponding easement areas for development.
[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.
§ 255-75.1 Indoor gun ranges.
[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.
§ 255-75.2 Breweries, brewpubs, wineries and distilleries.
[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.