There is hereby created the office of Building Inspector/Zoning
Administrator. Appointment of this office shall be made by the Town
Board.
The Building Inspector/Zoning Administrator shall:
A.
Advise applicants. Advise applicants for permits as to the provisions
of this chapter and assist them in preparing applications.
C.
Keep records. Keep records of all permits issued, inspections made,
work approved, and other official actions.
D.
Determine district boundaries. Determine questions of the exact location
of district boundaries.
E.
Access to premises for inspection purposes. Have access to any structure
or premises for the purpose of performing his duties. This power shall
be exercised at a reasonable hour, and after a twenty-four-hour notice.
F.
Procedures in case of ordinance violations. In the case of a violation
of this chapter, notify the person responsible for such violation,
indicating the nature of the violation and ordering the action necessary
to correct it. In cases of noncompliance with orders issued under
this subsection, he shall report the violations to the Town Board
and the Town Attorney, and may sign a complaint.
A.
Site plan
for building permits.
[Added 6-4-2024 by Ord. No. 2024-3[1]]
(1)
Approval
of site plans by the Plan Commission and Town Board is a prerequisite
to obtaining a building permit for projects of any type of residential,
agricultural, agricultural/residential, commercial, industrial, commercial/light
industrial, public/quasi-public buildings or planned unit development,
excluding single-family, two-family dwellings and accessory buildings,
including private garages and buildings clearly incidental to the
residential use of the property; provided, however that no accessory
building may be used as a separate dwelling unit.
(2)
Site plans must be to scale and contain the same information as is required in § 105-12J, Procedure for site plan approval.
(3)
The
approval period for concept and final development plans shall not
extend beyond one year following the approval of the concept site
plan by the Plan Commission. In order to obtain a building permit,
reapplication for site plan approval shall be submitted in accordance
with this chapter.
B.
When a permit is required. A permit known as a "Town building permit"
issued by the Building Inspector/Zoning Administrator shall be secured
prior to the erection, addition, alteration of any building or structure,
except that minor repairs or alterations valued at less than $2,000
which do not change the nature of the use or encroach on the required
setbacks or side or rear yard or change the structural strength, fire
protection, exits, lights or ventilation of the building may be made
without permit. The construction or constructural alteration of a
private sanitary or sewerage system is not subject to this chapter,
but is covered by the county ordinance.
C.
Application for a permit.
(1)
Application for permits shall be made to the office of the Building
Inspector/Zoning Administrator upon forms furnished by the Building
Inspector/Zoning Administrator.
(2)
All applications shall be accompanied by the fees specified in § 105-31D below and shall contain the following data:
(a)
Name and address of the applicant and the owner of the property.
(b)
Legal description of the property and the type of proposed use
or uses.
(c)
A sketch of the dimensions of the lot and location of any buildings
from the lot lines, center line of abutting watercourse and water
marks at the day of the sketch.
(d)
Any other information required by the Town Building Code.
D.
Fees. Fees for building permits and commercial or industrial land
use permits shall be established in the Town of Hudson Building Code
Ordinance.
E.
Decision on application. The Building Inspector/Zoning Administrator
shall decide whether the building, structure, alteration or addition
is one for which a permit may properly be granted for the proposed
location, and shall within 10 days either issue a permit as requested
or mail or deliver to the applicant a statement that the application
has been denied and the reasons for the denial. If denial is for failure
to meet the requirement of this chapter or the Building Code, the
specific requirements not met shall be stated. If denial is for insufficiency
of the information in the application to warrant issuance of a permit,
the written denial will state the respect in which the application
is deficient.
F.
Review of determination. Any person aggrieved by the denial of a
permit may request a review of the determination by mailing or delivering
such request in writing to the Building Inspector/Zoning Administrator
within 30 days of the making or delivery of the written denial. The
Building Inspector/Zoning Administrator shall thereupon review his
own determination pursuant to § 68.09, Wis. Stats., and
affirm, reverse or modify his initial determination.
A.
Membership. A Board of Adjustment is hereby established. The Board
of Adjustment shall consist of five members appointed by the Town
Chairperson, subject to confirmation by the Town Board, for three
years, except that of those first appointed, one shall serve for one
year, two for two years and two for three years. The members shall
serve with compensation as set by the Town Board, shall all reside
within the Town of Hudson, and shall be removable by the Town Chairperson
for cause and upon written charges and after public hearing. The Town
Chairperson shall designate one of the members Chairperson. Vacancies
will be filled for the unexpired term of members whose terms become
vacant. The Town Chairperson may appoint, for staggered terms of three
years, two alternate members for the Board, in addition to the five
members provided for herein. The Town Chairperson shall annually designate
one of the alternate members as first alternate and the other as second
alternate. The first alternate member shall act, with full power,
only when a regular member of the Board refuses to vote because of
interest or when a member is absent. The second alternate shall so
act only when the first alternate so refuses or is absent or when
more than one member of the Board so refuses or is absent. The above
provisions, with regard to removal and the filling of vacancies, shall
also apply to such alternates. No member of the Town Board may be
a member of the Board of Adjustment. The Board of Adjustment shall
appoint one of its members as Secretary of the Board, unless the Town
Board shall authorize the employment of a secretary.
B.
Rules. The Board of Adjustment shall adopt rules for its government
and procedure, which rules shall provide a fair and orderly procedure
and the protection of constitutionally protective rights. Meetings
of the Board shall be held at the call of the Chairperson and at such
other times as the Board may determine. The Chairperson or, in his/her
absence, the Acting Chairperson may administer oaths and compel the
attendance of witnesses. All meetings shall be open to the public.
C.
Records. The Board of Adjustment shall keep minutes of its proceeding,
showing the vote of each member upon each question, or if absent or
failing to vote, indicating such fact, and shall keep records of its
examinations and other official actions, all of which shall be immediately
filed in the office of the Board and shall be a public record.
D.
Appeals. Appeals to the Board of Adjustment may be taken by any person
aggrieved, or by any officer, board or committee of the Town of Hudson
affected by a decision of any Town official or body administering
this chapter. Such appeal shall be taken within 30 days by filing
with the officer or body from whom the appeal is taken and the Board
of Adjustment a notice of appeal specifying the grounds therefor.
The officer or body from whom appeal is taken shall forthwith transmit
to the Board all papers constituting the record upon which the action
appealed from was taken.
E.
Stay proceedings. An appeal stays all legal proceedings in furtherance
of the action appealed from, unless the officer from whom the appeal
is taken certifies to the Board of Adjustment after the notice of
appeal shall have been filed with him, that by reason of facts stated
in the certificate, a stay would, in his opinion, cause imminent peril
to life or property. In such case, proceedings shall not be stayed
otherwise than by a restraining order which may be granted by the
Board of Adjustment or by a court of record on application, on notice
to the officer from whom the appeal is taken, and on due cause shown.
F.
The Board of Adjustment shall fix a reasonable time for the hearing
of the appeal or other matter referred to it, and give public notice
thereof, as well as giving due notice by mail to all parties in interest,
and decide the same within a reasonable time. Upon hearing, any party
may appear in person or by agent or by attorney. The Board's decision
shall be in writing and shall state the reasons for the decision.
G.
The Board of Adjustment shall have the following powers:
(1)
To hear and decide appeals where it is alleged there is an error
in any order, requirement, decision or determination made by an administrative
official in the enforcement of this chapter or of any ordinance adopted
pursuant thereto.
(2)
To authorize upon appeal in specific cases such variance from the
terms of this chapter as will not be contrary to the public interest,
where, owing to special conditions, a literal enforcement of the provisions
of this chapter will result in practical difficulty or unnecessary
hardship, so that the spirit of this chapter shall be observed, public
safety and welfare secured, and substantial justice done. In every
case where a variance from these regulations has been granted by the
Board of Adjustment, the minutes of the Board shall affirmatively
show that a practical difficulty or unnecessary hardship exists, and
the records of the Board shall clearly show in what particular and
specific respects a practical difficulty or an unnecessary hardship
is created.
(3)
To permit in appropriate cases, and subject to appropriate conditions
and safeguards in harmony with the general purpose and intent of this
chapter, a building or premises to be erected or used for such public
utility purposes in any location which is reasonably necessary for
the public convenience and welfare.
H.
In exercising the above-mentioned powers, such Board may, in conformity
with the provisions of such section, reverse or affirm, wholly or
partly, or may modify the order, requirement, decision or determination
appealed from and may make such order, requirement, decision or determination
as ought to be made, and to that end shall have all the powers of
the officer from whom the appeal is taken, and may issue or direct
the issue of a permit.
I.
The concurring vote of four members of the Board shall be necessary
to reverse any order, requirement, decision or determination of any
such administrative official, or to decide in favor of the applicant
on any matter upon which is required to pass under such ordinance
or to effect any variation in such ordinance. The grounds of every
such determination shall be stated.
J.
Any person or persons, jointly or severely aggrieved by any decision
of the Board of Adjustment, or any taxpayer, or any officer, department,
board or bureau of the town, may, within 30 days after the filing
of the decision in the office of the Board of Adjustment, commence
an action seeking the remedy available by certiorari.
Certain uses and situations are of such special nature or their
effect is so dependent upon actual contemporary circumstances as to
make impractical the determination, in advance, of permissibility.
Provision has been made in this chapter for the determination of such
cases by the Town Board as special exceptions. Special exceptions
shall only be granted subject to the following provisions:
A.
General standards.
(1)
No grant of a special exception shall violate the spirit or general
intent of this chapter.
(2)
No special exception shall be allowed which would be contrary to
the public health, safety or general welfare, or which would be substantially
adverse to property values in the neighborhood affected.
(3)
No use shall be permitted by special exception that would constitute
a nuisance by reason of noise, dust, smoke, odor or other similar
factors.
B.
General procedure. Applications for special exceptions shall be processed
in this manner:
(1)
Applications. Preapplication meeting is required prior to application.
Application for any use listed in this chapter as requiring a special
exception may be allowed only upon application to the Town Board on
forms furnished by the Building Inspector/Zoning Administrator. Special
exception permit applications can include single parcels of land or
grouping of parcels contiguous or noncontiguous. A fee as set from
time to time by resolution of the Town Board plus costs of publication
payable to the Town shall accompany the application. The Town may
also require all other reasonable expenses associated with the request
be paid by the applicant, including but not limited to Town's attorney
fee and engineering costs.
[Amended 6-4-2024 by Ord. No. 2024-3]
(2)
Notice of such public hearing specifying the time, place and matters
to come before the board shall be published as a Class 1 notice under
Ch. 985, Wis. Stats., and by giving notice by mail to all parties
in interest.
(3)
Determination in writing. The conditions of approval or reasons for
disapproval shall be stated in writing by the Town Board and made
a permanent part of the minutes and furnished to the applicant.
(4)
Recording. When a special exception permit is approved, an appropriate
record shall be made of the land use and structures permitted, and
such grant shall be applicable solely to the structures, use and property
so described.
(5)
Termination. Where a special exception does not continue in conformity
with the conditions of the original approval, the special exception
shall be terminated by action of the Town Board, preceded by a public
hearing and notice to affected parties.
(6)
Time to act upon application. The Board shall act on an application in the manner above described within 40 days of receiving the application, but if additional information is required by the Board pursuant to § 105-33C, the Board's decision may be further deferred until 10 days after receipt of such information.
C.
Request for additional information. Before passing upon an application
for a special exception, the Town Board may require the applicant
to furnish further relevant information. The requirement may be for
specific points of information as described in this section, or it
may be to have the required information compiled in the format of
an environmental impact statement on questions on which it requires
research and data.
D.
Conditions. The Board may make the granting of an application for
a special exception contingent upon such express conditions as it
considers necessary to further the aims of this chapter. These conditions
may include, but are not limited to, specifications of:
(1)
The period of time in which all or part of the use may be permitted.
(2)
Increased setback and yard dimensions.
(3)
Specified sewerage disposal and water supply facilities.
(4)
Landscaping and planting screens.
(5)
Operational control.
(6)
Sureties.
(7)
Deed restrictions.
(8)
Location of docks, piers or other structures, signs, etc.
(9)
Location and amount of parking facilities.
(10)
Type of construction.
(11)
Type of shore cover.
E.
Reviews and appeals. Any person or persons jointly or severally aggrieved
by a decision of the Town Board as relates to a determination of a
special exception application may, within 30 days after the filing
of the decision in the office of the Town Clerk, commence an action
seeking the remedy available by certiorari. The court shall not stay
proceedings upon the decision appealed from, but may on application,
on notice to the Town Board and on due cause shown, grant a restraining
order. The Town Board shall not be required to return the original
papers acted upon by it, but it shall be sufficient to return certified
or sworn copies thereof. If necessary for the proper disposition of
the matter, the court may take evidence, or appoint a referee to take
evidence and report findings of fact and conclusions of law as it
directs, which shall constitute a part of the proceedings upon which
the determination of the court shall be made. The court may reverse
or affirm, wholly or partly, or may modify the decision brought up
for review.
