Hudson City Zoning Code
ARTICLE V
Permits, Amendments, Appeals and Variances
§ 255-76 Conditional use permits.
A.
The Common Council may grant conditional use permits in any district, provided that the proposed use is designated in § 255-24 of this chapter or specifically designated elsewhere as a conditional use for the district, upon finding that:
(1)
Certain conditions as detailed in the Zoning Code exist.
(2)
The use or development conforms to the comprehensive land use plan of the community.
(3)
The use is compatible with the existing neighborhood.
(4)
It is understood that, if approved, the conditional use permit attached to the land shall continue to remain with the land and not the owner or use of said land, unless otherwise specified by the Common Council.
B.
The Planner/Zoning Administrator shall maintain a record of all applications for and all conditional use permits issued, including information of the use, location, conditions imposed by the City, time limits, review dates and such other information as may be appropriate.
C.
Application. Application for a conditional use permit shall be filed with the Planner/Zoning Administrator.
(1)
The application shall be accompanied by development plans for the proposed use showing such information as may be reasonably required by the Planner/Zoning Administrator, including but not limited to those items listed below. Such plans shall contain sufficient information as listed below for the City of Hudson to determine whether the proposed development will meet all applicable development standards.
(a)
Site plan drawn to scale showing parcel and building dimensions.
(b)
Location of all buildings and their size, including square footage.
(c)
Curb cuts, driveways, access roads, parking spaces, off-street loading areas and sidewalks.
(d)
Landscaping and screening plans, including species and size of trees and shrubs proposed.
(e)
Finished grading and drainage plan sufficient to drain and dispose of all surface water accumulated within the area.
(f)
Type of business or activity and proposed number of employees.
(g)
Proposed floor plan and elevations of any building with use indicated.
(h)
Sanitary sewer and water plan with estimated daily flow rates.
(i)
Soil type and soil limitations for the intended use. If severe soil limitations for the intended use are noted, a plan or statement indicating the soil conservation practice or practices to be used to overcome said limitations shall be made part of the application.
(j)
A location map showing the general location of the proposed use within the City of Hudson.
(k)
A map showing all principal land use within 500 feet of the parcel for which application is being made.
(2)
The applicant may be required to supply proof of ownership of the property for which the conditional use permit is requested, consisting of an abstract of title together with any unrecorded documents whereby the petitioners acquired legal or equitable ownership.
D.
Hearing. The public hearing shall be no more than 60 days after the date of the filing of the application with the Planner/Zoning Administrator. Notice of the purpose, time and place of such a public hearing shall be published in the official newspaper of the City of Hudson at least 10 days prior to the date of the hearing. The applicant or his representative shall appear at the public hearing held by the Plan Commission in order to answer questions concerning the proposed use.
E.
Plan Commission report. The Plan Commission shall make its report on the application to the Common Council, in writing, within 60 days after the public hearing, unless the applicant consents to extended consideration by the Plan Commission. The report shall recommend that the conditional use permit be granted or denied and shall include the Plan Commission's recommendation as to any conditions imposed if the conditional use permit is granted, including time limits, and provisions for periodic review and shall state the reasons therefor, to accompany the recommendations.
(1)
The Plan Commission's report shall be filed with the Planner/Zoning Administrator, who shall refer the same to the Common Council for consideration at its next regular meeting.
(2)
If the Plan Commission fails to file a report with the Planner/Zoning Administrator within the time provided by this chapter, the application shall be referred to the Common Council as herein provided; however, the action shall be considered as to be forwarded without report.
F.
Action on application.
(1)
The Common Council shall make its decision on the application within 60 days of the filing of the Plan Commission's report with the Planner/Zoning Administrator or after the last day for filing the same if no report is filed from the Commission. To gather additional input, the Common Council may hold another public hearing. The Common Council shall make written findings and shall state therein the reasons for its decision. Any such order shall be filed with the Planner/Zoning Administrator.
(2)
The Common Council may impose such conditions and restrictions, including time limits, on the conditional use or periodic review as appears to be necessary and proper to protect adjacent property and to comply with the intent and purposes of this chapter.
G.
Reapplication. No application for a conditional use permit shall be resubmitted for a period of six months from the date of denial by the Common Council on a previous application.
H.
Periodic review. If a periodic review is imposed as a condition of the granting of a conditional use permit, the conditional use permit shall be reviewed by the Plan Commission at a public hearing at least 30 days prior to the expiration date of the permit, with notice as to the type of review. It shall be the responsibility of the Planner/Zoning Administrator to schedule such public hearing and notify the permit holder at least 10 days prior to the hearing.
I.
Compliance with permit and violation of conditions. Any use permitted under the terms of a conditional use permit shall be established and conducted in accordance with all the terms, conditions and restrictions of the permit. The violation of any term, condition or restriction of a conditional use permit shall be a violation of this chapter.
J.
In the event of the violation of any term, condition or restriction of a conditional use permit, the City of Hudson may institute an appropriate action or proceeding for such equitable relief as may be appropriate, including cancellation of the permit or appropriate orders preventing, restraining, correcting or abating such violations or threatened violations.
§ 255-77 Certificate of compliance.
A.
The Common Council shall issue a certificate of compliance in any district for a proposed use listed in § 255-24 as a use which must obtain a certificate of compliance prior to construction or occupancy, provided that the proposed use will not be contrary to the provisions of this chapter and that other codes and ordinances have been fully complied with.
B.
Conditions required by this chapter shall be applied to the issuance of the certificate, and a periodic review of the certificate and proposed use may be required. The certificate shall be granted for a particular use and not for a particular person or firm.
C.
The Planner/Zoning Administrator shall maintain a record of all certificates of compliance issued, including information on the use, location and conditions imposed as part of the permit, such as time limits, review dates and such other information as may be appropriate.
D.
Whenever this chapter requires a certificate of compliance, an application therefor, in writing, shall be filed with the Planner/Zoning Administrator.
E.
The application shall be accompanied by development plans of the proposed use in showing such information as may be reasonably required by the Planner/Zoning Administrator, including but not limited to those listed below. These plans shall contain adequate information as listed below upon which the Plan Commission/Common Council can determine whether the proposed development will meet all development standards if the project proceeds in accordance with such plans.
(1)
Site plan drawn to a scale showing parcel and building dimensions.
(2)
Location of all buildings and their square footage.
(3)
Curb cuts, driveways, access roads, parking spaces, off-street loading areas and sidewalks.
(4)
Landscaping and screening plans.
(5)
Finished grading and drainage plans sufficient to drain and dispose of all surface water accumulated in the area.
(6)
Sanitary and storm sewer plans with estimated use.
(7)
Soil type and soil limitations for the intended use. If severe soil limitations for the intended use are noted, a plan or statement indicating the soil conservation practice or practices to be used to overcome said limitations shall be made prior to the permit application.
(8)
Any additional data reasonably requested by the Planner/Zoning Administrator.
F.
The Plan Commission shall recommend to the Common Council issuance or denial of the application for a certificate of compliance within 45 days of the date on which all of the required information has been submitted. The Common Council may issue the certificate of compliance and apply such conditions as it feels are necessary to protect the public health, safety and welfare, and such conditions may include a time limit for the use to exist or operate, or the Common Council may deny the issuance of a certificate of compliance.
G.
If no action on the request for a certificate of compliance is taken within such time, the request for a certificate of compliance shall be considered denied.
H.
If the request for a certificate of compliance is denied or if conditions are imposed, the applicant may appeal the decision to the Board of Appeals. The procedures to be followed in this case shall be the same as those followed for an appeal to any administrative decision made by the Planner/Zoning Administrator.
§ 255-78 Moving permits.
A.
No building or structure which has been wholly or partially erected shall be moved to any other location within the City of Hudson unless a permit to move said building or structure has been obtained as provided herein. Any such building or structure proposed to be moved shall meet all requirements of the Building Code applicable to a new building or structure. Permit applications shall be forwarded to the Building Inspector and Public Works Superintendent according to Chapter 212, Streets and Sidewalks, § 212-8.
B.
This chapter shall not apply to construction sheds, agricultural buildings or temporary structures to be located on a lot for 12 months or less.
§ 255-79 Septic permits.
A.
In areas without public sewer facilities, no building permit for any use requiring on-site sewage treatment and disposal shall be issued until a septic permit has first been issued by St. Croix County.
B.
A septic permit shall be issued only after proof is furnished by the applicant that a suitable on-site sewage treatment and disposal system can be installed on the site. Such system shall conform to all of the requirements of the State of Wisconsin, including percolation tests and borings.
§ 255-80 Driveway access approval.
Driveway access approval to a public road shall be secured from the public agency (City, county or state) with jurisdiction and maintenance responsibilities over the road prior to issuance of a building permit from the City of Hudson.
§ 255-81 Grading permits.
No land shall be graded so as to raise or lower the elevation, remove topsoil, alter the contours or conduct similar activities which utilize, disturb or remove more than 100 cubic yards of earthen material except under terms of a grading permit issued by the Planner/Zoning Administrator. This provision shall not apply to normal farming and agricultural activities. Public improvement projects for roads and utilities shall be exempt from this requirement.
§ 255-82 Sign permits.
Sign permits shall be required as stated in Chapter 202, Signs.
§ 255-83 Certificate of occupancy.
A.
No building or structure, or parts thereof, erected after the effective date of this chapter shall be occupied or used unless and until a certificate of occupancy shall have been issued for such building or structure.
B.
A certificate of occupancy or final building inspection shall be approved only when the use and the new or altered structure are in compliance with this chapter, the Building Code and the Fire Code. Only then shall the structure be occupied.
C.
Completion and approval of the final building inspection by the City Building Inspector and the City Fire Inspector on any project requiring a building permit shall be equivalent to issuance of a certificate of occupancy.
§ 255-84 Amendments.
A.
An amendment to this chapter may be initiated by the Common Council, the Plan Commission or by petition of affected property owners, as defined herein. An amendment not initiated by the Plan Commission shall be referred to the Plan Commission for study and report, as hereinafter provided, and may not be acted upon by the Common Council until it has received the recommendation of the Plan Commission on the proposed amendment or until 60 days have elapsed from the date of reference of the amendment without a report by the Plan Commission.
B.
The City Clerk shall maintain a record of all applications for amendments to this chapter.
C.
Application. Where an amendment to this chapter is proposed by a property owner, a City of Hudson request form shall be filed with the City Clerk.
D.
Hearing. The City Clerk shall refer the application to the Plan Commission for consideration at its next regular meeting. After review and consideration, the Planner/Zoning Administrator shall forward the Plan Commission recommendation to the Common Council at its next regular meeting. The Common Council shall set a date for a formal public hearing on said application. The public hearing shall be held no more than 60 days after the date of the meeting of the Plan Commission to review the application. Notice of the purpose, time and place of such public hearing shall be published in the official newspaper of the City of Hudson.
E.
Plan Commission report.
(1)
The Plan Commission shall make its report on the application to the Council, in writing, within 60 days after the initial application, unless the applicant consents to extended consideration by the Plan Commission. The report shall recommend that the amendment be granted or denied and shall include the Plan Commission's recommendation.
(2)
If the Plan Commission fails to file a report with the Planner/Zoning Administrator within the time provided by this chapter, the application shall be referred to the Common Council as herein provided, without report, after the time for filing the report has expired.
F.
Council action on application. The Common Council shall make its decision on the application within 60 days of the filing of the Plan Commission's report with the Planner/Zoning Administrator or after the last day for filing the same if no report is filed. The Common Council shall make written findings and shall state therein the reasons for its decision.
G.
In granting or recommending any zoning amendment to this chapter, the Planner/Zoning Administrator, the Plan Commission and Common Council shall find that the proposed development conforms substantially to the policy, goals and standards of the Comprehensive Plan.
§ 255-85 Development plans for building permits.
A.
Approval of development plans by the Plan Commission and Common Council is a prerequisite to obtaining a building permit for housing projects consisting of more than two dwelling units on a single lot of record or any type of commercial, industrial or public/quasi-public buildings. All applications for development plan review shall be accompanied with a nonreimbursable filing fee. Also, the property owner/developer shall be responsible for payment of costs of development plan review by City personnel or professional consultants as the Plan Commission or Common Council deems necessary.
[Amended 5-1-2000 by Ord. No. 9-00; 3-12-2018 by Ord. No. 3-18]
B.
The approval period for concept and final development plans shall not extend beyond one year following the approval of the concept development plans by the Plan Commission. In order to obtain a building permit, reapplication for development plan approval shall be submitted in accordance with Subsection A.
§ 255-86 Summary of permit process.
Note: Considerations of the Board of Appeals generally require public hearings.
A.
Action: certificate of compliance.
(1)
When applicable: to certify compliance with specific uses or zoning requirements.
(2)
Property owner should apply to the City Planner/Zoning Administrator.
(3)
Application will be approved or denied by the Common Council.
(4)
Public hearing is not required.
(5)
Appeal would be considered by the Board of Appeals.
B.
Action: conditional use permit.
(1)
When applicable: may allow for uses not normally permitted in a specific zoning district.
(2)
Property owner should apply to the City Planner/Zoning Administrator.
(3)
Public hearing is required by the Plan Commission.
(4)
Application will be approved or denied after review and recommendation by the Plan Commission. Final approval or denial will be by the Common Council.
(5)
Appeal must be taken to court.
C.
Action: variance.
(1)
When applicable: difficulties with dimensional provisions of this Zoning Code.
(2)
Property owner should apply to the City Planner/Zoning Administrator.
(3)
Public hearing is required and is held by the Board of Appeals.
(4)
Application will be approved or denied after review and consideration by the Board of Appeals. The Plan Commission or Common Council is not involved in the decision.
(5)
Appeal must be taken to court.
D.
Action: building permits.
(1)
When applicable: contacting City Building Inspector for issuance of a building permit to build, remodel, etc.
(2)
Property owner should contact the City Building Inspector.
(3)
Application will be approved or denied by the Plan Commission and Common Council upon review and consideration of development plans.
(4)
Appeal of action by City Building Inspector must be taken to the Board of Appeals.
E.
Action: amendment of Zoning Code.
(1)
When applicable: petition by a property owner or initiative of the Plan Commission or Common Council.
(2)
Property owner should contact the City Planner/Zoning Administrator.
(3)
Public hearing is required by the Common Council.
(4)
Application will be approved or denied first by action of the Plan Commission, which will review and recommend. Final action on any changes will be by the Common Council.
(5)
Appeal of action by the Common Council must be taken to court.
F.
Action: permits (signs, grading and soil conservation).
(1)
When applicable: generally when to protect health, safety and welfare of property occupants, adjoining property occupants and the general public, as well as natural resources.
(2)
Property owner should contact the City Planner/Zoning Administrator or the City Building Inspector.
(3)
Application will be approved or denied by the appropriate City official.
(4)
Appeal of action by the City official must be made by the Board of Appeals.
G.
Action: certificate of occupancy.
(1)
When applicable: certifies that the building or structure meets current codes and can now be occupied for the use(s) intended.
(2)
Property owner will receive certificate from the City Fire Inspector and/or Building Inspector upon approved completion of the structure.
(3)
Application will be approved or denied by the City Fire Inspector and/or Building Inspector.
(4)
Appeal must be taken to the Board of Appeals.
H.
Action: planned unit development (PUD).
(1)
When applicable: two or more principle uses or buildings on one parcel of land or for more flexible development standard.
(2)
Property owner should apply to the City Planner/Zoning Administrator.
(3)
Application will be approved or denied after review and recommendation by the Plan Commission and final review and action by the Common Council.
(4)
Appeal must be taken to court.
I.
Action: subdivision.
(1)
When applicable: any time property owner wants to create new lots.
(2)
Property owner should apply to the City Planner/Zoning Administrator.
(3)
Application will be approved or denied after review and recommendation by the Plan Commission and final action by the Common Council.
(4)
Appeal must be taken to court.
§ 255-86.1 Development informational meetings.
[Added 1-6-2020 by Ord. No. 1-20]
A.
Development informational meetings required. Prior to the submission of an application for Zoning Map amendments, future Land Use Map amendments, conditional use permits, and development plans in the Downtown Overlay District, the applicant shall hold a development informational meeting. Multiple applications reviewed concurrently by the Council require a single development informational meeting.
B.
Location and notice. The Community Development Department shall provide a mailed postcard notice of the development informational meeting at least 10 calendar days prior to the meeting. The Community Development Department shall be notified of the time and location of the development informational meeting at least five business days prior to the deadline for mailing notices that conform to the timelines required by this section. Development informational meetings shall not be scheduled to conflict with regularly scheduled Plan Commission or City Council meetings. Development informational meetings shall not be scheduled on federal holidays, including a public election day. City staff may attend such meetings to gather information and to highlight relevant requirements of this section as needed, but shall not organize or control the meeting. City staff shall not present, evaluate or approve development proposals at development informational meetings. An application for development outlined in Subsection B shall include a written summary stating the time and location of the meeting, the number of attendees and the topics discussed.
C.
Timing of meeting. The development informational meeting shall be held no more than 30 days prior to the submission of a development application outlined in Subsection A.
D.
Fees. The applicant shall be responsible for all mailing of notice costs.