[HISTORY: Adopted by the Common Council of the City of Hudson3-18-2024 by Ord. No. 3-24 . Amendments noted where applicable.]
This chapter is enacted to create regulations to protect the
continued eligibility of the Lower St. Croix River for inclusion in
the National Wild and Scenic River System and to guarantee the protection
of the wild, scenic, and recreational qualities of the river for present
and future generations. These rules are intended to reduce the adverse
effects of overcrowding and poorly planned shoreline and bluff area
development, to preserve and maintain the scenic beauty of the shoreland
and bluffs above the river, to prevent pollution and the contamination
of surface and groundwaters and soil erosion, to provide sufficient
space on lots for sanitary facilities, to minimize flood damage, to
maintain property values, and to preserve and maintain the exceptional
scenic, cultural and natural characteristics of the water and related
land of the Lower St. Croix Riverway in a manner consistent with the
National Wild and Scenic Rivers Act (P.L. 90-542), the federal Lower
St. Croix River Act of 1972 (P.L. 92-560) and the Wisconsin Lower
St. Croix River Act (§ 30.27, Wis. Stats.).
This chapter is enacted under the authority and requirement
of W.S.A. § 30.27, and § NR 118.09(1) and 118.02(3),
Wis. Adm. Code.
A.
This chapter shall apply to land in the City of Hudson and within
the boundaries of the Lower St. Croix National Riverway as set forth
in the Master Plan jointly prepared by the States of Minnesota and
Wisconsin and the National Park Service, pursuant to P.L. 92-560.
(1)
A boundary map and legal description of the riverway boundary is
available in the City of Hudson Zoning Department.
B.
Interpretation.
(1)
Compliance.
(a)
No development of land or water shall be implemented, and no
use, structure or part thereof shall be located, erected, moved, reconstructed,
extended, enlarged, converted or structurally altered without full
compliance with provisions of this chapter and all other applicable
local, state and federal regulations.
(2)
Abrogation.
(a)
If any provision of this chapter conflicts with any provision of Chapter 255 of the City of Hudson Zoning Ordinance the more restrictive provision shall apply.
(b)
This chapter is not intended to repeal, abrogate, or impair
any existing deed restrictions, covenants or easements. However, where
this chapter imposes greater restrictions, the provisions of this
chapter shall take precedence.
As used in this chapter, the following terms shall have the
meanings indicated:
A subordinate structure, the use of which is incidental to,
and customarily found in connection with, the principal structure
or use of the property. Accessory structures include, but are not
limited to, detached garages, sheds, barns, gazebos, patios, decks
(both detached and attached), swimming pools, hot tubs, fences, retaining
walls, driveways, parking lots, sidewalks, detached stairways, and
lifts.
A use subordinate to and serving the principal use on the
same lot and customarily incidental thereto.
Beekeeping; livestock grazing; orchards; raising of grain,
grass or seed crops; raising of fruits, nuts or berries; placing land
in federal programs in return for payments in kind; owning land, at
least 35 acres of which is enrolled in the conservation reserve program
under 16 USC §§ 3831 to 3836; and vegetable raising.
Any device or equipment used for the transmission or reception
of electromagnetic waves, which may include an omnidirectional antenna
(rod), a directional antenna (panel) or a parabolic antenna (disc).
A place of lodging for transient guests that is the owner's
personal residence, that is occupied by the owner at the time of rental,
and in which the only meal served to guests is breakfast.
A line along the top of the slope preservation zone.
A line measured across the width of a lot at that point where
the principal structure is placed in accordance with setback provisions.
A wireless communication service facility that is disguised,
hidden, or screened, but remains recognizable as a tower or antenna.
An area on a lot where a building could be located in compliance
with all applicable ordinance requirements.
A use that is specifically listed in a local zoning ordinance
as either a conditional use or special exception and that may only
be permitted if the local zoning authority determines that the conditions
specified in the ordinance for that use are satisfied.
The Wisconsin Department of Natural Resources.
Having a physical or mental impairment that substantially
limits one or more major life activities.
Colors that harmonize with the natural surroundings on the
site during leaf-on conditions.
An addition to an existing structure regardless of whether
the addition is vertical or horizontal or both.
One can see the river through the vegetation, while any structure
remains visually inconspicuous.
The land area covered by a structure at ground level, measured
on a horizontal plane. The footprint of a residence includes attached
garages and porches, but excludes decks, patios, carports, and roof
overhangs.
The underlying base of a building or other structure, including
but not limited to pillars, footings, and concrete and masonry walls.
An area designated by the Common Council, on recommendation
of the Plan Commission, that contains historic buildings, improvements,
or sites.
Any parcel of land of historic significance due to a substantial
value in tracing the history or prehistory of man, or upon which an
historic event has occurred, and which has been designated as an historic
site under this chapter, or an improvement parcel, or part thereof,
on which is situated an historic structure and any abutting improvement
parcel, or part thereof, used as and constituting part of the premises
on which the historic structure is situated.
Any improvement which has a special character or special
historic interest or value as part of the development, heritage or
cultural characteristics of Hudson, the state or nation and which
has been designated as an historic structure pursuant to the provisions
of this chapter.
The use of a building or other structure for human occupancy,
including but not limited to cooking, eating, bathing, and sleeping.
Any building, structure, place, work of art or other object
constituting a physical betterment of real property or any part of
such betterment, including streets, alleys, sidewalks, curbs, lighting
fixtures, signs and the like.
Any division of a parcel of land by the owner or the owner's
agent, for the purpose of transfer of ownership or building development,
which creates one or more parcels or building sites of 20 acres or
less.
A person who has graduated with a major in landscape architecture
from a college accredited by the American Society of Landscape Architects.
A mechanical device, either temporary or permanent, containing
a mobile open-top car including hand or guard rails, a track upon
which the open-top car moves, and a mechanical device to provide power
to the open-top car.
Any county, town, city or village zoning ordinance, portion
of an ordinance, or amendments thereto, adopted by a local jurisdiction,
with authority from state enabling legislation, which regulates the
use of land within the Lower St. Croix riverway.
A contiguous parcel of land with described boundaries.
The area described in § NR 118.02(1), Wis. Adm.
Code.
The Lower St. Croix riverway management zones established
in § NR 118.04, Wis. Adm. Code.
Action taken to minimize the adverse impacts of development.
The term "mitigation" includes, but is not limited to, the installation
of vegetative buffers, the removal of nonconforming structures from
the shoreland setback area, and the implementation of best management
practices for erosion control and stormwater management.
Developable land area minus slope preservation zones, floodplains,
road rights-of-way and wetlands.
A building or other structure whose location, dimensions
or other physical characteristics do not conform to the standards
in the current local zoning ordinance, but which was legally constructed
or placed in its current location prior to the adoption of the ordinance
or ordinance amendment that made it nonconforming.
The use of land, a structure, or other premises that does
not conform to the land use restrictions in the current local zoning
ordinance, but which was legally established prior to the adoption
of the ordinance or ordinance amendment that made it nonconforming.
Noxious weeds include those species designated by W.S.A.
§ 66.96(2), and any other such weeds as the City of Hudson
or the St. Croix County Board of Supervisors by ordinance or resolution
declares to be noxious within its respective boundaries.
Has been defined by the Wisconsin Supreme Court to mean the
point on the bank or shore up to which the presence and action of
surface water is so continuous as to leave a distinctive mark such
as by erosion, destruction or prevention of terrestrial vegetation,
predominance of aquatic vegetation, or other easily recognized characteristic.
Where the bank or shore at any place is of such character that it
is difficult or impossible to ascertain where the point of ordinary
high water mark is, recourse may be had to the opposite bank of a
stream or to other places on the shore of a lake or flowage to determine
whether a given stage of water is above or below the ordinary high-water
mark.
Any work done on a nonconforming structure that does not
constitute expansion, structural alteration, or reconstruction and
does not involve the replacement, alteration, or improvement of any
portion of the structure's foundation.
A pattern of development that places residences into compact
groupings as a means of preserving open space.
A building walkway with a roof over it, providing access
to a building entrance.
The main building or other structure on a lot that is utilized
for the property's principal use. The term "principal structure"
includes attached garages and porches.
Allowing a disabled person to deviate from the strict requirements
of the county's zoning ordinances if an accommodation is necessary
and reasonable, in order not to unlawfully discriminate against the
disabled person and to allow him or her equal housing opportunity.
The replacement of all or substantially all of the components
of a structure other than the foundation.
The removal of selected trees throughout the range of merchantable
sizes at regular intervals, either singly or in small groups, leaving
a uniformly distributed stocking of desirable tree and shrub size
classes.
The minimum horizontal distance between a structure and either
the ordinary high-water mark or the bluffline.
A partial removal of mature trees leaving trees of desirable
species and form to provide shade, seed source, and a desirable seedbed
for natural regeneration with the final removal of the overstory after
adequate regeneration is established.
A detached structure used for human habitation for one family.
The area riverward from the bluffline where the slope towards
the river is 12% or more, as measured horizontally for a distance
of not more than 50 feet or less than 25 feet.
A harvest of not more than 1/3 of the contiguous forested
ownership within a ten-year period with each opening not exceeding
six acres in size and not closer than 75 feet at their closest points.
A wireless communication service facility that models or
mimics in size or shape and color something in the surrounding landscape,
such as silos in farm settings and trees in forested lands and is
unrecognizable year-round as an antenna or antenna mount.
The replacement or alteration of one or more of the structural
components of any of a nonconforming structure's exterior walls.
Any part of the framework of a building or other structure.
The structural components of a building's exterior walls include
the vertical studs, top and bottom plates, and window and doorsills
and headers. A structural component may be non-load-bearing, such
as the framework of a wall at the gable end of a one-story house.
Wallcoverings, such as siding on the exterior and dry wall on the
interior, are not included in the definition of "structural component."
A retaining wall or other man-made structure whose primary
function is to control erosion.
Any man-made object with form, shape, and utility, that is
constructed or otherwise erected, attached to or permanently or temporarily
placed, either upon the ground, a riverbed, streambed, or lakebed
or upon another structure. For the purposes of this chapter, the term
"structure" includes swimming pools, hot tubs, patios, decks and retaining
walls, but does not include landscaping or earthwork such as graded
areas, filled areas, ditches, berms, or earthen terraces. The term
"structure" does not include small objects that are easily moved by
hand, such as lawn chairs, portable grills, portable picnic tables,
bird feeders, birdhouses, and birdbaths.
A lot with dimensions that do not conform to all of the requirements
of the local zoning ordinance.
Electric power lines, telephone and telegraph lines, communication
towers, cables, sewage lift stations, sewer and water pipes, and other
pipes, conduits and accessory structures that are used to transport
power, convey information, or transport material between two points,
other than wireless communication service facilities.
Difficult to see, or not readily noticeable, in summer months
as viewed from at or near the mid-line of the Lower St. Croix River.
Has the meaning found in W.S.A. § 23.32(1).
Note: W.S.A. § 23.32(1) W.S.A. defines wetland
to mean an area where water is at, near, or above the land surface
long enough to be capable of supporting aquatic or hydrophytic vegetation
and which has soils indicative of wet conditions.
Hardware that provides wireless communication services, including
antennas, towers, all associated equipment, buildings, and other structures.
A.
The River Town Management Zone (River Town) is the area bounded on
the north by the north corporate limit of the city of Hudson as it
existed on June 1, 2004, and on the south by the south corporate limit
of the city of Hudson, as it existed on June 1, 2004.
B.
Rural Residential Management Zone (Rural Residential) is an area
bounded on the north by the south corporate limit of the city of Hudson,
as it existed on June 1, 2004, to the north boundary of Kinnickinnic
state park.
C.
Both of these zones are shown on the St. Croix Riverway Zone Map.
They exist without regard to municipal boundaries and may not be changed
by annexation or any action other than revision by the State of Wisconsin.
A.
Permitted uses and structures.
(1)
The following uses are allowed in both management zones if the standards in § 252-7 are met:
(a)
Single-family residential and accessory uses.
(b)
Conservancy.
(c)
Forestry.
(d)
Agriculture.
(e)
Public parks, areas devoted to natural resource management and
interpretation, waysides, rest areas, information areas and scenic
overlooks.
(f)
Filling and grading outside of slope preservation zones.
(2)
The following structures are allowed in both management zones if the standards in § 252-7 are met:
(a)
Single-family residences and accessory structures.
(b)
Piers or wharves that have required state and federal permits
or that meet statutory criteria or administrative rule standards and
do not require a state or federal permit.
(c)
Signs.
(d)
Structural erosion control measures constructed outside of slope
preservation zones. Rock rip-rap may be allowed within a slope preservation
zone and in the ordinary high water mark setback area if the local
zoning authority determines that rip-rap is necessary to prevent erosion
in flood-prone areas, and either a state permit is granted for the
rip-rap or statutory criteria or administrative rule standards are
met and a state permit is not required for the rip-rap.
(3)
In the River Town Management Zone, other uses and structures that
are allowed by the City of Hudson's underlying zoning ordinance
may be allowed as permitted uses and structures, provided that the
permitted uses and structures are listed in the City of Hudson Zoning
Ordinance with standards for those uses and structures that satisfy
all of the following criteria:
B.
Conditional uses.
(1)
The following uses and structures are conditionally permitted uses in both management zones. Conditional use permits for these uses and structures shall comply with the applicable requirements of this chapter, including §§ 252-7 and 252-8, and with the applicable requirements of Chapter 255 of the City of Hudson Zoning Ordinance.
(a)
Land divisions.
(b)
Planned cluster developments for single-family residences.
(c)
Transmission services.
(d)
Wireless communication service facilities.
(e)
Filling and grading within slope preservation zones.
(f)
Structural erosion control measures constructed in slope preservation
zones.
(g)
Stairways.
(h)
Lifts.
(i)
Public roads and private roads serving two or more properties
or single-family residences.
(j)
Bed-and-breakfast operations.
(k)
Home occupations.
(l)
Nature-oriented educational, nonprofit facilities.
A.
Dimensional and other standards.
(1)
Density and minimum lot size.
(2)
Minimum lot width.
(a)
The minimum lot width shall apply at the building line and at
the side of the lot nearest the river.
(b)
Rivertown. The minimum lot width shall be regulated as established in the zoning district as defined in Chapter 255 of the City of Hudson Zoning Ordinance.
(c)
Rural Residential. The minimum lot width shall be 200 feet.
(3)
Maximum structure height.
(a)
The maximum structure height shall be measured, before filling
and grading, between the average ground elevation and the uppermost
point of the structure, excluding chimneys.
(4)
Ordinary high water mark setback.
(a)
The ordinary high water mark setback shall be measured on a
horizontal plane from the point of the structure that is nearest the
ordinary high water mark, including roof overhangs and any cantilevered
portions of the structure.
(b)
River town management zone. All structures, except piers, wharves,
structural erosion control measures, stairways, and lifts, shall be
set back at least 100 feet from the ordinary high water mark.
(c)
Rural residential management zone. All structures, except piers,
wharves, structural erosion control measures, stairways, and lifts,
shall be set back at least 200 feet from the ordinary high water mark.
(5)
Bluffline setback.
(a)
Bluffline setback. The bluffline setback shall be measured on
a horizontal plane from the point of the structure that is nearest
to the bluffline, including roof overhangs and any cantilevered portions
of the structure.
(b)
River town management zone. All structures, except piers, wharves,
structural erosion control measures, stairways, and lifts, shall be
set back 40 feet from the bluffline.
(c)
Rural residential management zone. All structures, except piers,
wharves, structural erosion control measures, stairways, and lifts,
shall be set back 100 feet from the bluffline, except that structures
may be set back less than 100 feet from the bluffline, but not less
than 40 feet from the bluffline, if all the following conditions are
met:
[1]
No part of the structure protrudes above the bluff line when
viewed from at or near the midline of the river or from 250 feet riverward
from the shoreline, whichever is less.
[2]
The structure is not located within a slope preservation zone.
[3]
The structure utilizes earth-tone building materials that are
of a nonreflective nature, except that windows may be made of ordinary
window glass or nonreflective glass but may not be made of glass designed
to reflect more light than ordinary window glass.
[4]
The structure is visually inconspicuous.
[5]
The structure is located at least 200 feet from the ordinary
high-water mark.
B.
Structure color standards. The following structure color standards
shall apply to both management zones:
C.
Sign standards. Signs are allowed in both management zones if one
or more of the following criteria are met:
D.
Structural erosion control measures. In both management zones except
for rock riprap that is allowed in compliance with the requirements
in § NR 118.05(1)(a)2d, Wis. Adm. Code, structural erosion
control measures may only be placed above the ordinary high water
mark and within the ordinary high water mark setback area and bluffline
setback area if all the following criteria are met:
(1)
The structural erosion control measure is constructed outside of
slope preservation zones, or a conditional use permit has been issued
in compliance with the requirements of § NR 118.07(6), Wis.
Adm. Code.
(2)
The Zoning Administrator determines structural erosion control measures
are necessary to address significant ongoing erosion that nonstructural
erosion control measures cannot control.
(3)
The structural erosion control measure is constructed of natural
materials and shall be as visually inconspicuous as possible.
(4)
The applicant shall submit to the City of Hudson Zoning Administrator
a detailed construction plan, an erosion control plan, and a vegetative
management plan, showing each of the following:
(a)
How the structural erosion control measure will be constructed.
(b)
What land disturbing activities will take place.
(c)
What, if any, vegetation will be removed.
(d)
How new, native vegetation will be re-established. Construction
may not proceed until the local zoning authority has approved the
plans.
(5)
Construction may not proceed until the City of Hudson Zoning Administrator
has approved such plans.
E.
Slope preservation zone standards. No structures, except piers, wharves,
structural erosion control measures, stairways, and lifts, may be
placed in slope preservation zones. Slopes greater than 12% may not
be altered to become less than 12%.
F.
Vegetation management.
(1)
All of the following standards shall apply in both management zones:
(b)
Vegetation may not be disturbed or removed if it would disrupt
the visually inconspicuous character of structures, reduce the quality
or diversity of the plant community, or increase the potential for
erosion, except as provided elsewhere in this subsection or in § NR
118.07(3), (4), or (9), Wis. Adm. Code.
(c)
Routine pruning of trees or shrubs to improve their health and
vigor, pruning to provide a filtered view of the river, pruning to
prevent property damage, or removing trees that pose an imminent safety
hazard to persons or structures is allowed.
(d)
Lawns within the ordinary high water mark setback areas, slope
preservation zones, and bluffline setback areas may not be expanded.
However, mowing of existing lawns may be continued.
(e)
These standards do not prohibit the growth and harvest of non-wood-fiber
crops, the removal of vegetation in order to allow permitted uses
or structures or conditional uses, the removal of state-designated
noxious weeds, and the pruning or removal of vegetation to prevent
insect infestation or disease that threatens large areas of vegetative
cover.
(f)
In the River Town Management Zone, if there are fewer than 25 trees over five inches in diameter on the lot between the building line and the river, the existing number of trees over five inches in diameter shall be maintained, and any trees that are removed as allowed in Subsection F(1) shall be replaced by trees that are at least one inch in circumference at the base.
(g)
In the Rural Residential Management Zone, additional vegetation
management standards apply, including the following:
[1]
Herbicide use shall be limited to direct topical application
to cut stems to kill noxious weeds, exotic species, poison ivy, poison
oak or poison sumac, or as a prescribed treatment within a forest
stewardship plan.
[2]
The practice of forestry shall be allowed on lands for which
a forest stewardship plan has been developed under W.S.A. Ch. 77 or
Ch. NR 46 or 47, Wis. Adm. Code, and on lands managed under forest
stewardship plans that employ best management practices for water
quality protection, erosion control and generally accepted forest
management guidelines and have been approved by a department forester.
Forest stewardship plans prepared under this section shall be implemented
to employ commonly accepted silvicultural practices approved by a
department forester, to ensure that silvicultural practices are compatible
with the riverway goals of protecting natural scenic values and ensuring
that structures will remain visually inconspicuous. Cutting, harvesting
or removal of timber under this provision on land that is visible
from the river during the time when the leaves are on the deciduous
trees may only include the following practices:
(h)
Penalties. In addition to any other penalties assessed by the
City of Hudson, the penalty for removing vegetation in violation of
the City's Zoning Ordinance shall include replacement of vegetation
with native vegetation at the property owner's expense.
G.
Private on-site wastewater treatment systems. Private on-site wastewater
treatment systems shall be constructed in accordance with the requirements
of SPS 383.
H.
Filling and grading. Filling and grading may be permitted outside
slope preservation zones if all the following are met:
(1)
Filling and grading activities are set back at least 40 feet from
slope preservation zones.
(2)
Filling and grading activities do not disturb more than 10,000 square
feet of land.
(3)
No wetlands are filled or drained.
(4)
Any vegetation that is removed is replaced with native vegetation.
(5)
Filling and grading activities are designed and implemented in a
manner to minimize erosion, sedimentation, and impairment of fish
and wildlife habitat.
(6)
As part of an erosion control plan, Wisconsin construction site best
management practices are implemented.
The conditional uses and structures listed in § 252-6B may be permitted if the requirements in § 252-7 and the following standards are met:
A.
Land divisions. A conditional use permit may be granted to divide
property into lots if all the following conditions are met:
(2)
All lots are suitable for their proposed use and will not be subject
to the potential for flooding, inadequate drainage, severe erosion,
inadequate water supply, or inadequate sewage disposal capabilities.
(3)
Use of the lots will not be limited by unfavorable soil and rock
formations, unfavorable topography, or any other feature which is
likely to result in harm to the health, safety, or welfare of future
residents of the lots or of the City of Hudson.
(4)
The Zoning Administrator shall consult with the state historical
society concerning potential impacts to archeological sites. If the
property is found to contain an archeological site, the City of Hudson
and the applicant shall develop and implement a plan to avoid or mitigate
impacts to the archeological site with the assistance from the state
historical society.
B.
Planned cluster developments. A conditional use permit may be issued
for a planned cluster development for single-family residences if
all the following are met:
(1)
The proposed clustering provides a better means of preserving scenic
views, open space, and shoreline than a traditional single-family
residential subdivision.
(2)
The proposed structures comply with the minimum ordinary high water mark and bluffline setbacks and height standards in § 252-7A.
(3)
Exceptions to the standards in § 252-7A(1) and (2) may be allowed for planned cluster developments, provided that the total number of single-family residences may not exceed 50% more than the total number of single-family residences allowed if the development complied with all standards in § 252-7A(1) and (2).
C.
Transmission services. A conditional use permit may be issued for
the construction, updating, maintenance, or reconstruction of transmission
services if all the following are met:
(1)
All new, updated, or reconstructed transmission services shall be
placed underground, if underground placement is determined to be technically
feasible by the City. If an applicant seeks to establish that underground
placement is technically infeasible, the application shall explain
what factors make it infeasible.
(2)
If underground placement is determined to be technically infeasible,
overhead or aboveground transmission services may be permitted, but
shall be designed to minimize the adverse visual impact on the scenic
character of the riverway.
(3)
New, updated or reconstructed transmission services shall be constructed
and maintained using minimally invasive techniques for construction
and maintenance, including erosion control. Existing transmission
facilities shall be maintained using minimally invasive techniques
for maintenance, including erosion control.
(4)
Cutting or clearing of vegetation for transmission service maintenance
may be conducted; however, an understory layer of vegetation shall
be maintained to prevent erosion and allow succession. Vegetation
management shall protect the quality and diversity of the plant community
and prevent erosion. Herbicide use shall be limited to direct topical
application to cut stems to prevent regrowth. The pruning of normal
tree growth for safety reasons or to prevent interference with the
transmission service and removal of noxious weeds is allowed.
D.
Wireless communication service facilities. A conditional use permit
may be issued for the installation, reconstruction, modification,
and replacement of wireless communication service facilities if all
the following are met:
(1)
Construction and maintenance shall be conducted using techniques
which minimize the cutting or pruning of vegetation in order to preserve
mature vegetation and provide screening of the facilities. Erosion
control measures shall be used.
(2)
Wireless communication service facilities shall use building materials,
colors, textures, screening and landscaping that blend the facilities
in with surrounding natural features or nearby structures and shall
be visually inconspicuous.
(3)
Wireless communication service facilities shall be of camouflage
or stealth design, unless placed on existing structures.
(4)
In the River Town Management Zone, the facilities shall be of a height
designed to blend in with the historic character of the community.
(5)
In the Rural Residential Management Zone, wireless communication
service facilities may not exceed a height of 50 feet or not more
than 20 feet above the tallest structure or tree canopy within a 300-foot
radius of the proposed wireless communication service facilities as
measured horizontally, whichever is higher.
(6)
New or reconstructed wireless communication service facilities may
not be placed in slope preservation zones, floodplains, or wetlands.
E.
Filling and grading activities.
(1)
A conditional use permit may be issued for filling and grading activities in the following areas if the conditions in Subsection E(2) are satisfied:
(2)
A conditional use permit may be issued for filling and grading in the areas described in Subsection E(1) if all of the following conditions are met:
(a)
Filling and grading activities do not disturb more than 10,000
square feet of land within a slope preservation zone.
(b)
No wetlands are filled or graded.
(c)
Any vegetation that is removed is replaced with native vegetation.
(d)
Filling and grading activities are designed and implemented
in a manner to minimize erosion, sedimentation, and impairment of
fish and wildlife habitat.
(e)
As part of an erosion control plan, Wisconsin construction site
best management practices are implemented.
F.
Structural erosion control measures in slope preservation zones.
A conditional use permit may be issued for the construction, updating,
maintenance, or reconstruction of structural erosion control measures
in slope preservation zones if all the following are met:
(1)
The Zoning Administrator determines that structural erosion control
measures are necessary to address significant ongoing erosion that
nonstructural erosion control measures cannot control.
(2)
The structural erosion control measure shall be constructed of natural
materials and made as visually inconspicuous as possible.
(3)
The applicant submits a detailed construction plan, an erosion control
plan, and a vegetative management plan, showing each of the following:
(4)
Construction may not proceed until the Zoning Administrator has approved
such plans.
G.
Stairways. A conditional use permit may be issued for a stairway
if all the following are met:
(1)
The stairway is required to provide pedestrian access to the river
because of steep, rocky, unstable, or wet site conditions.
(2)
The tread width of the stairway may not exceed 36 inches.
(3)
Landings are located at a vertical interval of not less than 20 feet
and may not exceed 40 square feet in area.
(4)
Railings or handrails are permitted in conjunction with stairs and
shall be painted or stained the same color as the stairways.
(5)
Canopies and roofs are not allowed on stairways.
(6)
Stairways, handrails, and landings shall be anchored and supported
above grade with pilings or footings.
(7)
Stairways shall be constructed of unfinished wood or stone or shall
be painted or stained with earth-tone materials.
(8)
Stairways shall be visually inconspicuous and shall be located in
the most visually inconspicuous portion of the lot.
(9)
Native vegetation plantings shall be used to form a vegetative canopy
to screen the stairway from the river. Vegetation shall be planted
to effectively screen stairs, or the stairs shall be removed.
(10)
Existing vegetation may be removed within one foot of either
side of the stairway route and up to eight feet above the stairway
floor.
(11)
Only one stairway may be permitted on a lot that abuts the Lower
St. Croix River.
H.
Lift standards. A conditional use permit may be issued for a lift
if all the following are met:
(1)
The lift is required to provide pedestrian access to the river because
of steep, rocky, unstable, or wet site conditions.
(2)
The car of the lift may not exceed four feet by six feet.
(3)
Canopies and roofs are not allowed.
(4)
All visible parts of the lift shall be painted or finished in earth-tone,
nonreflective materials and shall be visually inconspicuous.
(5)
Lifts and their transporting device or power source shall be visually
inconspicuous and shall be located in the most visually inconspicuous
portion of the lot.
(6)
Native vegetation plantings shall be used to form a vegetative canopy
to screen the lift from the river. Vegetation shall be planted to
effectively screen the lift, or the lift shall be removed.
(7)
Existing vegetation may be removed within one foot on either side
of the lift route and up to eight feet above the lift floor.
(8)
Only one lift may be permitted on a lot that abuts the Lower St.
Croix River.
I.
Public and private roads serving two or more properties or single-family
residences. A conditional use permit may be issued for the construction,
reconstruction, or right-of-way maintenance for public roads and private
roads serving two or more properties or single-family residences if
all the following are met:
(1)
No new road may be constructed in slope preservation zones, in an
area 40 feet landward of bluff lines, within 200 feet of the river,
within 100 feet of tributary watercourses or in wetlands.
(2)
Route design and construction or reconstruction shall minimize visual
impacts by using terrain features to blend the road into the landscape,
avoiding cuts and fills as much as feasible.
(3)
New roads shall be visually inconspicuous. Reconstruction of existing
roads shall be performed in a manner that does not increase visibility
of the road from the river.
(4)
Cutting or clearing vegetation for road right-of-way maintenance
shall be conducted in accordance with the following:
(a)
Vegetation shall be managed to allow an understory layer to
remain in place to prevent erosion and allow succession. Vegetation
may not be disturbed in such a way that there would be reduced quality
or diversity of the plant community or increased potential for erosion.
(b)
Herbicide use shall be limited to direct topical application
to cut stems to prevent regrowth. The pruning of normal tree growth
for safety reasons or to prevent interference with infrastructure
and the removal of noxious weeds is permitted.
(c)
Mowing of a safety zone from the edge of the pavement back 15
feet or to the ditch bottom, whichever is less, and clearing intersection
vision triangles is allowed. Other parts of the right-of-way may be
mowed to control noxious weeds and undesirable brush only after July
15 of each year to avoid impacts to ground-nesting birds.
(d)
Cutting trees more than four inches in diameter at breast height
is prohibited, except that trees that pose a hazard to public health
or safety may be removed.
J.
Bed-and-breakfast operations. A conditional use permit may be issued
for a bed-and-breakfast operation if all the following are met:
K.
Home occupations. A conditional use permit may be issued for the use of a single-family residence for a home occupation provided that in addition to meeting the standards of § 255-54 the following are also met:
(1)
The owner or person who rents the residence on a full-time basis
conducts the home occupation.
(2)
The home occupation is conducted inside of the residence and is subordinate
to the use of the home as a principal residence.
(3)
The home occupation will not cause environmental pollution.
(4)
If the home occupation causes additional persons to visit the residence,
sufficient parking is provided on the lot or on public streets.
(5)
Whenever the provisions of any other law or ordinance impose more
stringent requirements than are imposed or required by this section,
then the provisions of such law or ordinance shall govern.
L.
Nature-oriented educational, nonprofit facilities. A conditional
use permit may be issued for a nature-oriented educational, nonprofit
facility if all the following are met:
A.
Nonconforming uses. A nonconforming use may not be expanded or enlarged.
An increase in the volume, intensity or frequency of use is allowed
if the area used for the nonconforming use is not enlarged.
B.
Nonconforming principal structures.
(1)
Ordinary maintenance and repair of nonconforming principal structures
is allowed.
(2)
Structural alteration, reconstruction and expansion of nonconforming
principal structures and replacement, improvement or structural alteration
of the foundation may only be allowed if all of the following requirements
are met, where applicable:
(a)
Reconstruction of nonconforming principal structures. Nonconforming
principal structures located within the ordinary high water mark setback
area, bluffline setback area or slope preservation zone may be structurally
altered or reconstructed, and foundations may be replaced, improved,
or structurally altered if all the following requirements are met:
[1]
The lot has an area of at least 7,000 square feet.
[2]
The altered or reconstructed structure will be visually inconspicuous or will be rendered so through mitigation in accordance with Subsection E.
[3]
The structure is altered or reconstructed in the same footprint
as the pre-existing structure.
[4]
The height of the altered or reconstructed structure complies with § 252-7A(3). The reconstructed structure may not be any taller than the pre-existing nonconforming structure, except that a flat roof may be replaced with a pitched roof.
[6]
The property owner submits a mitigation plan that complies with the requirements of Subsection E. If a permit is issued for the reconstruction, the mitigation plan shall be approved, or modified and approved, by the local zoning authority. The mitigation plan shall be incorporated into the permit and the property owner shall be required to implement the mitigation plan as a permit condition.
[7]
Private on-site wastewater treatment systems are brought into
compliance with the requirements of Ch. SPS 383, Wis. Adm. Code.
[8]
The foundation of the structure may not be replaced, improved
or structurally altered. Notwithstanding the definition of "reconstruction"
in § NR 118.03(36), Wis. Adm. Code, and the preceding sentence,
the foundation of the structure may be replaced, improved or structurally
altered in conjunction with the reconstruction of the structure if
the entire structure is more than 50 feet from the ordinary high water
mark and is not located in a slope preservation zone.
[9]
An erosion control plan and revegetation plan shall be submitted
to the Zoning Administrator for approval, or modification and approval,
prior to the issuance of a permit for the structural alteration or
reconstruction.
[10]
Filling and grading activities shall not be conducted during
the alteration or reconstruction, except for:
[11]
If the nonconforming principal residence is located in a slope
preservation zone, it may be reconstructed only if Wisconsin construction
site best management practices applicable to steeper sloped areas
are implemented to control erosion.
(3)
Expansion of nonconforming principal structures. Nonconforming principal
structures located in the ordinary high water mark setback area or
bluffline setback area may be expanded and the pre-existing foundation
may be replaced, repaired or structurally altered in conjunction with
the expansion if all of the applicable following requirements are
met:
(a)
Structures located wholly or partially within 50 feet of the
ordinary high water mark may not be expanded.
(b)
Structures located wholly or partially within slope preservation
zones may not be expanded.
(c)
Structures entirely set back more than 50 feet from the ordinary
high water mark but located wholly or partially less than 75 feet
from the ordinary high water mark may be expanded only if there is
no compliant building location available on the lot.
(d)
Structures entirely set back more than 75 feet from the ordinary
high water mark may be expanded regardless of whether a compliant
building location exists elsewhere on the lot.
(e)
The lot has an area of at least 7,000 square feet.
(f)
The expanded structure will be visually inconspicuous or will
be rendered so through mitigation.
(g)
In this subsection any reconstructed portion of the nonconforming
structure may only be reconstructed in the same footprint as the pre-existing
structure.
[1]
The pre-existing foundation of a structure that is more than
50 feet from the ordinary high water mark and is not within a slope
preservation zone may be replaced, repaired, or structurally altered
in conjunction with the expansion of the structure.
(h)
For structures located wholly or partially within the ordinary
high water mark setback area, the total footprint of the structure
may not exceed 1,500 square feet.
(i)
For structures located wholly or partially within the bluffline setback, but not within the ordinary high water mark setback area, the total footprint of the structure may not exceed 2,000 square feet and the structure shall comply with all of the requirements in § 252-7A(5)(c).
(j)
Expansion is on the side of the structure farthest from the
river or, if landward expansion is not possible, the expansion is
parallel to the ordinary high water mark or bluffline.
(m)
The property owner submits a mitigation plan that complies with
the requirements of § E.
(n)
If a permit is issued after a mitigation plan is approved, or
modified and approved, by the Zoning Administrator, the mitigation
plan shall be incorporated into the permit and the property owner
shall be required to implement the mitigation plan as a permit condition.
(o)
Private on-site wastewater treatment systems are brought into
compliance with the requirements of Ch. SPS 383, Wis. Adm. Code.
(p)
An erosion control plan and revegetation plan shall be submitted
to the Zoning Administrator for approval, or modification and approval,
prior to the issuance of a permit for the expansion.
(q)
Filling or grading shall not be conducted as part of the reconstruction
or expansion except:
C.
Nonconforming accessory structures.
(1)
Ordinary maintenance and repair of nonconforming accessory structures
is allowed.
(2)
Nonconforming accessory structures may not be structurally altered,
reconstructed, or expanded, except for the following:
(a)
Garages and storage sheds may be structurally altered, reconstructed,
or expanded provided all the following requirements are met where
applicable:
[1]
The entire garage or storage shed is not located in a slope
preservation zone.
[2]
The entire garage or storage shed is set back more than 75 feet
from the ordinary high water mark.
[3]
The garage or storage shed is not used for human habitation.
[4]
The total footprint of all nonconforming accessory structures,
other than existing driveways, within 75 feet of the ordinary high
water mark, within a slope preservation zone or within the bluffline
setback area may not exceed 500 square feet.
[5]
The garage or storage shed is built with earth-tone building
materials that are nonreflective, except that windows may be made
of ordinary window glass or nonreflective glass but may not be made
of glass designed to reflect more light than ordinary window glass.
D.
Substandard lots. Lots of record in the register of deeds office
on January 1, 1976, or on the date of the adoption of an amendment
to a riverway ordinance that makes a lot substandard, which do not
meet the requirements of this chapter, may be allowed as building
sites provided that the following criteria are met:
(1)
Lot ownership.
(a)
The lot is in separate ownership from abutting lands; or
(b)
The lot by itself or in combination with an adjacent lot or
lots under common ownership in an existing subdivision has at least
one acre of net project area. Adjacent substandard lots in common
ownership may only be sold or developed as separate lots if each of
the lots has at least one acre of net project area.
(2)
All structures that are proposed to be constructed or placed on the
lot and the proposed use of the lot comply with the requirements of
this chapter and any underlying zoning or sanitary code requirements.
E.
Mitigation requirements. Expansion or reconstruction of nonconforming
principal structures, and the expansion, reconstruction or structural
alteration of nonconforming accessory structures shall trigger mitigation
requirements to offset the impacts of the proposed project.
(1)
Mitigation measures shall be roughly proportional to the magnitude
of the impacts of the proposed project on scenic resources, water
quality, erosion potential and the protection of the shoreland area.
Mitigation shall include, but may not be limited to, the following:
(a)
Planting trees capable of screening the entire structure if
existing vegetation is not sufficient to render the structure visually
inconspicuous. The trees shall be native to the area, at least two
inches diameter at breast height and planted no more than 12 feet
apart.
(b)
The vegetation in the area within 50 feet of the ordinary high
water mark shall be preserved or restored through planting of native
vegetation. Vegetation shall be established or maintained at densities
that are adequate to protect water quality, habitat, and natural scenic
beauty of the shoreland area. If a nonconforming structure is in this
area, the vegetation shall be planted surrounding the structure, although
the owner may create a screened view of the river from the structure
and may leave a fifteen-foot-wide mowed area around the structure
to protect it from wildfire.
(c)
Best management practices shall be followed to encourage stormwater
infiltration and to limit erosion and runoff.
(d)
An affidavit describing the approved mitigation plan shall be
executed and recorded with the county register of deeds by the property
owner within 14 days after approval of the mitigation plan. The affidavit
shall alert subsequent purchasers of the land of the requirements
of the mitigation plan.
A.
Conditional use procedures, variance procedures, and Zoning Map and
text amendment procedures.
(1)
Public hearing required. A public hearing preceded by a Class 2 notice
shall be held before any conditional use permit, any variance, or
any Zoning Map or text amendment is approved or denied by the City
of Hudson.
(a)
Notice of all public hearings and a copy of all application materials submitted under Subsection A(2) and (3) shall be provided to the department, the county, the West Central Regional Plan Commission and as applicable the town board of the town within which the affected parcel of land is located, at least 30 days before the public hearing.
(2)
Conditional use and variance application requirements.
(a)
The applicant shall submit to the Zoning Administrator sufficient
copies of the following information for all applications:
[1]
A scale drawing or survey showing the property location, boundaries,
dimensions, elevations, blufflines, slope preservation zones, utility
and roadway corridors, ordinary high water mark, ordinary high water
mark setback, floodway and flood fringe boundaries, and adjoining
land and water-oriented uses.
[2]
A recent aerial photo with property lines drawn in, showing
the location of existing and proposed structures, including height
and setback dimensions.
[3]
The location of existing and proposed alterations of vegetation
and topography, including any vegetation removal and replacement that
is proposed.
[4]
A mitigation plan, if required.
[5]
Photos of the site taken from the river slightly upstream and
downstream of the property, and directly offshore.
[6]
An erosion control plan.
[7]
A vegetative management plan, showing where vegetation is proposed
to be removed and replaced.
[8]
Other information that the Zoning Administrator or the department
requests. If the Zoning Administrator or the department requests additional
information, it shall be submitted by the applicant to the Zoning
Administrator and the department prior to any hearing on the application.
[9]
The Board of Zoning Appeals may grant variances from the requirements
of the local zoning ordinance, pursuant to W.S.A. §§ 59.694(7)(c)
or 62.23(7)(e)7, that will not be contrary to the public interest
and where, due to special conditions, a literal enforcement of the
provisions of the ordinance will result in unnecessary hardship, so
that the spirit of the ordinance shall be observed, and substantial
justice done. Economic considerations alone may not constitute a hardship
if a reasonable use for the property exists under the conditions allowed
by the local zoning ordinance. Conditions may be imposed in the granting
of variances to ensure compliance and to protect adjacent properties
and the public interest, especially in regard to the view from the
river.
(b)
Applications for land divisions, planned cluster developments,
bed-and-breakfast operations, home occupations, nature oriented educational,
nonprofit facilities and variances shall also include:
[1]
The location of any proposed private on-site wastewater treatment
system.
[2]
Water supply information, including the location of any proposed
wells.
[3]
Applications for filling and grading, structural erosion control
structures, and road construction shall also include a plan showing
the proposed construction, reconstruction, location and design of
the filling grading, structural erosion control measure or road construction.
[4]
Applications for transmission services and wireless communication
service facilities shall also include:
[a]
For transmission services a plan showing the location
of proposed facilities, and if not placed underground, a documentation
of why this is technically infeasible, and a plan outlining design
and construction methods to minimize adverse visual impacts to the
riverway.
[b]
For wireless communication service facilities,
a plan showing the location of proposed facilities and an illustration
of the methods to be used to meet design requirements for the appropriate
stealth, camouflage, and height requirements.
[5]
Applications for stairways and lifts shall also include a plan
showing the stairway or lift location, design, dimensions, color,
construction materials, erosion control measures and vegetative removal
and replacement. The plan shall contain a certification by a registered
professional engineer or architect that the stairway or lift components
are securely anchored to prevent them from shifting and from causing
erosion. The plan shall be approved or modified and approved by the
City of Hudson and incorporated into the conditional use permit.
(3)
Map and text amendment procedures.
(a)
Applications for map and text amendments shall include:
[1]
A scale drawing or survey showing the property location, boundaries,
dimensions, elevations, blufflines, slope preservation zones, utility
and roadway corridors, ordinary high water mark, floodway, flood fringe,
and adjoining land- and water-oriented uses.
[2]
Photos of the site taken from the river slightly upstream and
downstream of the property and directly offshore.
[3]
Other information that the City of Hudson Zoning Administrator
or Wisconsin Department of Natural Resources requests.
[a]
If additional information is requested, the applicant
shall provide the requested information to the City and Wisconsin
Department of Natural Resources prior to the public hearing.
(4)
Public hearing and decision record. The public hearing record shall
contain the comments of the department, if any were submitted, and
the comments of any other interested parties. The local zoning authority's
record of decision shall address the following: preservation of the
scenic and recreational resources of the riverway, especially in regard
to the view from and use of the river; the maintenance of safe and
healthful conditions; the prevention of and control of water pollution,
including sedimentation; the location of the site with respect to
floodways, floodplains, slope preservation zones and blufflines; the
erosion potential of the site based on degree and direction of slope,
soil type and vegetative cover; potential impact on terrestrial and
aquatic habitat; location of the site with respect to existing or
future access roads; adequacy of proposed wastewater treatment; and
compatibility with adjacent land uses. Any plan submitted with an
application shall be approved, or modified and approved, and included
as part of the permit application. The local zoning authority shall
send a copy of each decision, including a summary of the hearing,
to the department, within five working days after the date of the
hearing.
B.
Reasonable accommodations for disabled persons.
(1)
Where necessary to accommodate a disabled person entitled to reasonable
accommodations under the Americans with Disabilities Act, the Federal
Fair Housing Act or the Wisconsin Open Housing Law, the City shall
issue a special administrative permit to allow a disabled person an
accommodation that is necessary and reasonable and that would otherwise
violate the strict requirements of this chapter, provided the accommodation
does not cause undue hardship or fiscal or administrative burdens
on the City or does not undermine the basic purpose of this chapter,
as follows:
(a)
On a form provided by the Zoning Administrator, the applicant
shall provide verification necessary to determine the eligibility
of the applicant for a special administrative permit.
(b)
The process and requirements for obtaining the special administrative
permit shall be identical to the conditional permit application process,
including required mitigation measures.
(2)
The City may not issue variances to disabled persons unless the statutory
variance criteria in W.S.A. § 62.23(7), is satisfied. If
a special administrative permit is issued to accommodate a disabled
person entitled to reasonable accommodations under the Americans with
Disabilities Act, the Federal Fair Housing Act, or the Wisconsin Open
Housing Law, that special administrative permit terminates when the
person whose disability it was intended to accommodate no longer uses
the site. Such permits are unique to the individual and are not transferable.
[Note: The Americans with Disabilities Act (ADA), 42 U.S.C.
§§ 12101 to 12213, requires state and local units of
government to take action to avoid discriminating against disabled
persons in their employment practices, in public accommodations and
in all programs, activities and services provided by the governmental
entity. The Federal Fair Housing Act, 42 U.S.C. §§ 3601
to 3631, and the Wisconsin Open Housing Law, W.S.A. § 106.50,
Stats., require local governments to make "reasonable accommodations"
in the application of zoning ordinances in order to provide equal
opportunity in housing to disabled persons. However, the issuance
of a variance is not the appropriate mechanism for granting reasonable
accommodations that are required because of a person's disabilities
because under Wisconsin law variances can only be granted based on
the unique characteristics of the property.]
C.
Review of appeals.
(1)
All applications for conditional use permits, Zoning Map or text
amendments and variances shall be reviewed by the department and the
department's comments shall be submitted to the Zoning Administrator
for inclusion in the hearing record.
(2)
Where additional information is introduced at the hearing by the
applicant or where the applicant may wish to review the department's
or city's opposition, the hearing record may be held open for
review of the information.
(a)
The applicant, the department or the town may submit to the
Zoning Administrator a written request for a second hearing.
(b)
If, at the end of 30 days after the date of the initial hearing,
the Zoning Administrator has not scheduled a second hearing on the
application the hearing record shall be closed.
(c)
A conditional use permit may not be granted if the town board
objects to the issuance.
(3)
The department shall assist the Zoning Administrator in implementing
and enforcing this chapter.
D.
Penalties.
(1)
Violations. No building or structure shall be erected, constructed,
placed, moved, or structurally altered, reconstructed, or expanded
nor shall any use of land, premises, building, or structure be established
or changed in violation of any provision of this chapter. No person
shall fail to comply with any standard of this chapter or with any
condition or qualification placed upon the issuance of any permit,
approval or variance granted under this chapter.
(2)
Responsible parties. Owners of land, occupants of land and agents
of owners or occupants including, without limitation because of enumeration,
building contractors, surveyors, plumbers, installers, soil technicians,
landscapers, road builders, grading and excavating contractors and
their agents are responsible for compliance with all provisions of
this chapter which bear upon their area of competency and responsibility.
Any such person who violates or aids or abets any violation of this
chapter shall be subject to prosecution for such violations and to
legal action seeking remedial action.
(3)
Notice. If the City becomes aware of a condition that is or is likely to become a violation of this chapter as defined in Subsection D(1) above, the City shall immediately notify the parties it deems responsible and potentially liable for said violation. The notice shall include a description of the circumstances giving rise to the City's conclusion of an existing or potential violation and a demand that the condition alleged to constitute the present or potential violation be halted, prevented from occurring or remedied. If an enforcement demand from the City is not complied with within 30 days of issuance of the notice, the City may file a complaint to prosecute the alleged violation and may seek remedial action.
(4)
Violation remedies. A forfeiture in the amount established by the Common Council in Chapter 1, § 1-18, and the costs of prosecution., of this Code shall be imposed upon conviction or adjudication of violation of this chapter. The City shall also be entitled to recover its actual legal fees and costs of prosecuting violations of this chapter. Each day a violation exists or continues shall constitute a separate offense for purposes of imposing a forfeiture. The City may also seek emergency or permanent injunctive relief, seeking site restoration or prohibition of a practice, action or continuing course of action, plus the actual fees and costs of obtaining said order.
(5)
Other enforcement provisions.
(a)
Where a permit or variance has been approved subject to specified
conditions, and where any such condition is not complied with by the
permit or variance holder, the City may conduct a hearing, following
procedures similar to those followed in considering the granting of
said permit or variance, to consider whether the permit or variance
holder is in noncompliance with the conditions of the permit, variance
or this chapter. Finding noncompliance with conditions originally
imposed or with other provisions of this chapter shall be grounds
for revocation of the permit or variance.
(b)
The City may require the creation, approval by the City and
recording of correction instruments correcting errors in distances,
angles, directions, bearings, chords, or lot numbers, read names or
other details of a recorded Certified Survey Map or plat at the expense
of the subdivider, or affected property owners.
(c)
No provision of this chapter shall be construed to bar private
action to enjoin or abate the use or occupancy of any land or structure
as a nuisance by the City or by any private party.
