(a)

In accordance with applicable state statutes and pursuant to the specific authority granted by Wis. Stats. §§ 61.35 and 62.23, and for the purposes listed in Wis. Stats. § 62.23, the village ordains these zoning regulations. The provisions of this chapter are minimum requirements adopted to promote the health, safety, comfort, prosperity, and general welfare of the village.

(b)

This chapter shall not repeal, impair, or modify private covenants or other public ordinances, except that this chapter shall apply whenever it applies a more restrictive regulation on land use.

(Ord. No. 19-2000, § 98.01, 10-3-2000)

(a)

The village zoning districts shall be as follows:

(1)

One-family residence district (RS).

(2)

Limited two-family residence district (RA).

(3)

Two-family residence district (RD).

(4)

Multiple-family residence district:

a.

Low density multiple-family residence district (RM-1).

b.

Medium density multiple-family residence district (RM-2).

c.

High density multiple-family residence district (RM-3).

(5)

Commercial districts:

a.

Central commercial district (C-1).

b.

limited commercial district (C-2).

c.

General commercial district (C-3).

(6)

Industrial/commercial district (I).

(7)

Planned development district (PPD).

(8)

Conservancy district (W).

(b)

The official zoning map of the village is an integral part of this chapter. The single official copy of the official zoning map which is entitled "Village of North Hudson Official Zoning Map," together with a copy of this chapter, shall be available for public inspection at the village office during office hours. Any changes in zoning district boundaries shall be recorded on the map.

(c)

The district boundaries consist of either streets or alleys unless otherwise indicated.

(d)

Where the district boundaries are not otherwise indicated and where the property has been divided into blocks and lots, the district boundaries shall be lot lines, and where the designations on the map are approximately bounded by lot lines, such lot line shall be construed to be the boundary of the district.

(e)

In property that is not subdivided, the approximate district boundary shall be as represented on the zoning map by use of the scale shown on such map.

(f)

The following ordinances amending the official zoning map are on file in the office of the village clerk and are adopted by reference as if set forth fully in this section: Ordinance Nos. 2-76; 3-76; 11-76; 4-77; 1-78; 2-78; 7-78; 2-81; 3-86; 6-91; 1-92; 4-92; 5-92; 8-92; 4-93; 6-93; 5-94; 2-98; 9-98; 2-99 and 5-2001.

(Ord. No. 19-2000, § 98.02, 10-3-2000; Ord. No. 5-2001, 3-6-2001)

(a)

All petitions for rezoning of any parcel of land, whether or not such parcel was previously subdivided, shall include a precise legal description of the land proposed to be rezoned, the present zoning classification, and the proposed zoning classification, and shall be executed by all of the persons and entities having a recorded interest in fee title.

(b)

The applicant shall pay to the village clerk a fee as provided in chapter 62 to assist in defraying the costs of considering such petition. The amount of the fee depends in part upon whether the applicant also submits a proposed ordinance for adoption by the village board as specified in chapter 62. If the applicant does not submit a proposed ordinance and the village board passes the applicant's request, the village attorney shall prepare such ordinance for consideration by the village board. The fees shall not be refunded if the proposed rezoning is denied in whole or in part.

(c)

The plan commission shall hold a public hearing on the petition for rezoning and make a recommendation to the village board regarding such request following the procedures established in sections 98-62—98-67 for conditional uses.

(Ord. No. 19-2000, § 98.021, 10-3-2000; Ord. No. 01-2008, 3-4-2008)

(a)

Lot division. After the adoption of the ordinance from which this chapter drives, no lot area shall be reduced so that the dimensions and yard requirements imposed by this chapter cannot be met. However, where existing lots do not satisfy such requirements, the board of appeals may grant a variance pursuant to section 98-126.

(b)

Condominiums. Condominiums shall be subject to all provisions of this chapter. The exterior boundaries of any parcel of land included in any condominium form of ownership shall be deemed the lot lines. The interior lines of demarcation or other descriptions of any condominium units, limited common elements, and common elements shall not be deemed as lot lines. The total use of the entire parcel of land included in a condominium form of ownership, including subsequent expansions thereof, shall comply with the regulations for permitted or conditional uses provided in the respective zoning districts where such condominium is located. In applying the provisions of this chapter, the entire parcel of land included in a condominium form of ownership shall be treated as owned by one entity in its entirety.

(c)

Accessory buildings. Accessory buildings shall not occupy more than 30 percent of the area for the rear yard. Any accessory building projected forward of the rear building line of the principal building shall be deemed part of the principal building for front and side yard setback requirements.

(d)

Yard setbacks. In determining and applying front, rear, and side yard setbacks, measurements shall be to the nearest part of the walls of buildings and other structures, excluding steps, decks, fire escapes, eaves, and other ornamental features, provided such features shall project not more than five feet from a principal building, nor more than two feet from an accessory building into the required setback.

(e)

Traffic vision triangle. In each quadrant of every street intersection there shall be maintained a vision clearance triangle bounded by the street right-of-way lines and a straight line between the two points thereon 35 feet from the intersection of the street right-of-way lines, within which no structure, vegetation, or other object shall be allowed above a height of 2½ feet above the lowest part of the adjoining street grades, nor below a height of ten feet above the highest part of the adjoining street grades. However, the public works supervisor may permit structures, vegetation, or other objects therein not otherwise prohibited by this Code to be maintained therein in such manner that does not significantly obstruct the view across such triangle by pedestrians and operators of motor vehicles on the adjoining streets, but shall require removal of all or part of any structures, vegetation, or other objects therein which significantly obstruct such view.

(f)

Minimum lot width. Each lot shall abut upon a public street and have minimum widths as provided in this chapter for the zoning district in which it is located. Minimum width at the street right-of-way line shall be measured in a straight line between the points of intersection of the side lot lines with the street right-of-way line. Minimum width at the front yard setback line shall be measured in a straight line between the points of intersection of the side lot lines with the front yard setback line. If no front yard setback is required, such minimum width shall be measured at the street right-of-way line as provided in this subsection.

(g)

Shoreline setback. No structure shall be erected less than:

(1)

Fifty feet, measured horizontally, from the normal shoreline of Lake Mallalieu or the Willow River; or

(2)

One hundred feet, measured horizontally, from the ordinary high water mark of the St. Croix River, or 40 feet from the bluffline of the St. Croix River. "Bluffline" is defined as provided at subsection (h) of this section.

(h)

Minimum waterfront lot area. In determining minimum lot area for any lot or parcel, the area of such lot or parcel lying between the shoreline of the St. Croix River, Lake Mallalieu, or the Willow River, and the blufflines thereof, shall not be included in computing the lot area. The bluffline shall be that point where the slope of the land, as measured moving landward from the shoreline, becomes less than 12 percent from horizontal. If there is more than one bluff or bluffline on the lot or parcel, the bluffline for determining lot area shall be the most landward bluffline, but not more than 100 feet horizontally landward of the ordinary high water mark.

(i)

Household goods and other sales.

(1)

In any residential district, the residents of any dwelling unit may offer household goods for sale which have been owned by such residents for not less than 90 days prior to such sale. Household goods shall include furniture, appliances, personal tools, motor vehicles, watercraft, snowmobiles, and similar goods normally used and/or stored at such residential premises. No sale offering shall exceed 16 consecutive days' duration, nor shall any residential unit have more than two such sales per calendar year, regardless of which persons are involved in such sales.

(2)

In any commercial or industrial district, the owners and/or tenants of any premises may offer goods and/or services for sale which are not normally sold at such premises. No sale offering shall exceed 30 consecutive days' duration, nor shall any premises have more than two such sales per calendar year, regardless of which persons are involved in such sales.

(j)

Nonconforming uses. Present uses of buildings, fences, and premises existing before July 10, 1970, the original adoption date of the ordinance from which this chapter is derived, as amended, may be continued even though they do not conform to the restrictions of this current chapter. However, structural repairs or alterations of such buildings, fences, or premises shall not, during their lives, exceed 50 percent of the current fair market value unless a building, fence, or premises conforming to this chapter results. Any nonconforming use that is abandoned for one year shall be permanently discontinued.

(k)

Review of uses. Prior to any new use or change of use within the commercial districts (C1, C2, C3) and the industrial/commercial district (I), any person (applicant) proposing such a new use or change of use shall notify the village clerk in writing describing the proposed use. The village clerk shall consult with the zoning administrator to determine if the proposed use is a permitted use, a conditional use, or a prohibited use. The village clerk or the zoning administrator shall issue a written determination to the applicant whether such proposed or intended use is a permitted use, a conditional use, or a prohibited use. There shall be no fee charged for this review of the proposed use. This determination is solely for the purposes of categorizing the proposed use within the zoning district and does not constitute approval of said use and does not constitute a waiver of any other applicable rules or regulations concerning said use. The applicant is fully responsible for complying with all federal, state and local laws and regulations. This determination is appealable to the plan commission by filing a written appeal with the village clerk within 30 days of the issuance of the determination by the village.

(Ord. No. 19-2000, § 98.03, 10-3-2000; Ord. No. 06-2005, 6-7-2005; Ord. No. 06-2009, 11-3-2009)

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Accessory building means any building other than, and not attached to, the principal building on a lot. Any structure attached to the principal building shall be deemed part of the principal building and shall not be an accessory building. Any accessory building shall not be used as a dwelling or residence.

Attached dwelling means any building or structure, or combination of attached buildings or structures, intended for occupancy or actually occupied by two or more families, regardless of whether it is held entirely in common ownership or separate ownership of parts thereof. Each portion intended for occupancy or actually occupied by one family is a dwelling unit.

Building height means the vertical distance between the highest point of the building and the greater of the highest point:

(1)

Of the street grade in front of the lot; or

(2)

At the front yard setback line of the finished elevation of the lot.

Conditional use means a use of land, water, or building which is allowable only after the issuance of a special use permit by the village under conditions set forth in this chapter.

Corner lot means a lot abutting intersecting streets at their intersection. The corner lot setback measured from the lot line shall be 30 feet on all street sides. Corner lots for residential use shall have extra width to permit full setback from fronting streets or otherwise meet requirements of applicable zoning regulations.

Family means an individual, or two or more persons, related by blood, marriage, or adoption, and includes a group of not more than two persons who need not be related by blood or marriage living together in a dwelling unit.

Front yard means that part of a lot extending the full width of the lot between the street right-of-way line and the nearest part of the principal building and other structures. For corner lots having frontage on two or more streets, the front yard shall be required along a street right-of-way line.

Garage, commercial, means any building or premises, other than a residential garage, where motor vehicles are equipped, repaired, serviced, hired, sold, or stored.

Garage, residential, means any accessory building in a residential district for the storage of private motor vehicles. A residential garage shall not exceed 900 square feet of floor space and shall be of materials and architecture compatible with the principal structure.

Home occupation means a gainful occupation conducted within a residential dwelling or permitted accessory building, conducted only by the immediate family members living there, provided the occupation is clearly incidental and secondary to the property's primary function as a place of dwelling, and provided no article is offered for sale on the premises except those produced by such occupation. (See section 98-101.)

Lot means a parcel of land described in a recorded plat, certified survey map, or deed of conveyance having frontage on a public street, or other officially approved means of access, occupied, or intended to be occupied, by a principal structure or use, and sufficient in size to meet the lot width, lot frontage, lot area, and other provisions of this Code as pertaining to the district where such lot is located.

Mobile home. The definitions of Wis. Stats. § 66.058(3)(l), as amended from time to time, are adopted.

Multiple-family residence means any attached dwelling or any combination of separate buildings or structures on one lot intended for occupancy, or actually occupied by three or more families, and without any nonresidential use other than a home occupation.

Nonconforming building means a building or other structure lawfully used or occupied on July 10, 1970, the time of original adoption of the ordinance from which this chapter is derived, or at the time of any amendments to this chapter, which does not conform to the current regulations of this chapter or amendments to this chapter.

Nonconforming lot means a lot existing on July 10, 1970, which does not conform to the current regulations of this chapter, or any amendments to this chapter. Any two or more adjoining lots held in common ownership may not be separately conveyed or subdivided in any manner that would create a nonconforming lot or create a lot more nonconforming than the original adjoining lots considered as a whole.

Nonconforming use means any premises lawfully used or occupied on July 10, 1970, which involves a nonconforming lot or building, or which is used or occupied in a manner that does not conform to the current regulations of this chapter or any amendments to this chapter.

One-family residence means any building or structure intended for or actually occupied by not more than one family, and without any nonresidential use other than a home occupation.

Principal building means the buildings or other structures on a lot, in or about which is focused the primary use of the lot, generally being the largest buildings or structures thereon. Other buildings or structures detached therefrom and used in a manner incidental or supplemental to the primary use are accessory buildings. In the RS, RA, and RD districts, the building used for residential occupancy shall be the principal building. In the RM districts, there may be more than one principal building which shall be the buildings used for residential occupancy. In the commercial and industrial districts there may be more than one principal building which shall be the buildings in or about which is focused the primary use of the lot.

Rear yard means that part of a lot, except a corner lot, extending the full width of the lot between the rear lot line and the nearest part of the principal building and other structures. On corner lots, all yards opposite from the sides of the lot abutting a fronting street shall be considered a side yard.

Setback means the minimum required distance, measured horizontally, between a lot line and the nearest part or the walls of buildings and other structures, excluding steps, decks, fire escapes, eaves, and other ornamental features, provided, such features shall project not more than five feet from a principal building, nor more than two feet from an accessory building into the required setbacks.

Side yard means that part of a lot between each side lot line and the nearest part of the principal building and other structures.

Structure means anything constructed, erected, and framed of component parts, and which is fastened, anchored or rests on a permanent foundation or on the ground for any occupancy or use whatsoever, excluding fencing, except as otherwise defined in section 98-151.

Two-family residence means any building or structure intended for occupancy or actually occupied by two families, without any nonresidential use other than a home occupation.

(Ord. No. 19-2000, § 98.04, 10-3-2000; Ord. No. 01-2013, 2-5-2013)

Cross reference— Definitions generally, § 1-2.

(a)

Purpose and intent. When underdeveloped land is developed for residential or other purposes, it often creates a need for additional transportation, water, sewage and stormwater facilities as well as parks and recreational facilities, public libraries, and other public facilities. Without the generation of new revenue sources, municipalities often must choose between the foregoing needed public facilities or imposing higher property taxes. The imposition of impact fees has become an increasingly important source of local revenue to pay for public facilities. The State Legislature has adopted an impact fee law which helps communities raise funds to pay for new development and maintain the current level of services. The 1993 Wisconsin Act 305 created Wis. Stats. § 66.55, which allows a municipality to enact an ordinance to impose impact fees on certain developers in an effort for new development to pay its fair share of municipal capital costs. Pursuant to the authority granted to the village in Wis. Stats. § 66.55, the board of trustees hereby enacts this section to enable it to impose impact fees on developers to pay for the capital costs that are necessary to accommodate land development and to maintain current levels of service to those developing areas of the village.

(b)

Public facilities needs assessment. In accordance with Wis. Stats. § 66.0617(4), the village has and will prepare or obtain needs assessment(s) of the public facilities for which it is anticipated that impact fees may be imposed. A copy of all the needs assessments are to be on file and available for public inspection and copying in the office of the village clerk.

(c)

Definitions. The definitions set forth in Wis. Stats. § 66.0617(1), and any amendments thereto, are hereby incorporated and made a part of this section as if fully set forth herein.

(d)

Imposition. An impact fee will be imposed by the board of trustees upon any person or entity seeking to create a land development or to construct within the village in accordance with this section and Wis. Stats. § 66.0617.

(e)

Standards. Impact fees imposed under this section:

(1)

Shall bear a rational relationship to the need for new, expanded or improved public facilities that are required to serve land development.

(2)

May not exceed the proportionate share of the capital costs that are required to serve land development as compared to existing land uses within the village.

(3)

Shall be based upon actual capital costs or reasonable estimates of capital costs for new, expanded or improved public facilities.

(4)

Shall be reduced to compensate for other capital costs imposed by the village with respect to land development to provide or pay for public facilities including special assessments, special charges, and land dedications under Wis. Stats. Ch. 235, or any other items of value.

(5)

Shall be reduced to compensate for monies received from the federal or state government specifically to provide or pay for the public facilities for which the impact fees are imposed.

(f)

Collection. Impact fees shall be collected as follows:

(1)

Impact fees will be collected by the village clerk at the time of recording a subdivision plat or certified survey map.

(2)

Impact fees not previously collected on vacant land will be collected at the time a building permit is issued. Impact fees will also be collected when a building permit is issued on the conversion of existing residential units which adds additional units.

(3)

Developers may petition to have the impact fee converted into an impact special assessment to be paid over a three-year period. The calculated amount of the impact special assessment may not exceed 50 percent of the fair market value of the property to be developed plus any related bond issuance costs which include finance-related expenses, discount expense and capitalized interest. The fair market value is to be determined by an independent appraiser who is selected by the village after the developer deposits sufficient funds with the village to pay for the appraisal. Any impact fee amount in excess of this 50-percent amount will be due and payable when the building permit is issued.

(4)

Impact special assessments shall be levied annually, in equal installments, against the property by individual lot of record.

(5)

Upon closing the sale of any lot, the outstanding special assessment balance shall be paid to the village.

(6)

All special assessments shall conform to village special assessment policy, currently named "Public Improvements Financing and Assessment Policy, Village of North Hudson."

(7)

Developers of properties which have both deferred assessments and impact fees will be allowed to convert both amounts into an impact special assessment to be paid over a five-year period. All other provisions specified in the preceding subsections apply.

(8)

Owners of properties which are developed for the sole use of nonprofit organizations and are not intended for resale to other parties may petition the board of trustees to be allowed to convert these fees into an impact special assessment to be paid over a ten-year period. Upon any future sale or change in the use of the property, the outstanding balance shall be paid to the village. All other provisions specified in the preceding subsections apply.

(9)

The provisions of this section shall be incorporated into a developer's agreement, and it shall be mutually agreed that any and all waivers required for special assessments shall be signed by the developer.

(g)

Impact fee schedule. The board of trustees shall create, and from time to time amend, a schedule of minimum impact fees which are established on a per-acre basis. If development results in more residential equivalent units (REUs) than the minimum schedule, such additional REUs shall be paid at the time the building permit is granted.

(h)

Land dedication for parkland. When it is determined by the park board that a portion of a plat or certified survey map is required by such future public park and other recreational facilities, the developer shall be required to provide parkland dedication pursuant to the subdivision code.

(i)

Interest-bearing account. The village shall establish and maintain a segregated interest-bearing account for revenues collected from impact fees. Such funds shall be accounted for separately from other funds of the village. Impact fee revenues and interest earned on impact fee revenues may be expended only for capital costs for which the impact fees were imposed.

(j)

Refund of fees. Any impact fees that are imposed and collected pursuant to the provisions of this section and not expended or committed for expenditure by the end of the calendar quarter immediately following ten years from the date the impact fee was paid shall be refunded to the current owner of the property with respect to which the impact fees were imposed, except that impact fees for water supply, storage and treatment may be held for a period of 20 years.

(k)

Fee review. The fee schedule created and set forth in chapter 62 will be reviewed by the board of trustees at least once each year and modified, if necessary, as a result of changing facility needs, inflation, revised cost estimates, capital improvements, changes in other funding sources applicable to the public facility projects and other relevant factors and in accordance with the standards for impact fees set forth in Wis. Stats. § 66.0617.

(l)

Appeal procedure.

(1)

A person or entity upon whom an impact fee is imposed may, within 15 days of the imposition of the impact fee, contest the amount, collection or use of the impact fee by filing a written request with the board of trustees specifying the basis upon which an appeal is taken.

(2)

Within 30 days of receiving a request for review by a person or entity, the board of trustees shall either place the matter on its next regular scheduled meeting or schedule a special meeting of the board of trustees to hear the appeal of the developer.

(Ord. No. 10-2001, 12-4-2001; Ord. No. 04-2007, 7-3-2007; Ord. No. 01-2008, 3-4-2008)