This chapter shall be known and may be cited
as the "Zoning Code of the City of Hudson, Wisconsin," or simply as
the "Hudson Zoning Code."
A.
General purposes. The general purposes of this chapter
are to provide for the orderly growth, development and renewal of
the City of Hudson and to protect and conserve its natural resources,
its ecological systems and its economic stability by fostering appropriate
land use so as to preserve and promote the health, safety and general
welfare of the public.
B.
Specific purposes. It is hereby determined by the Common Council of the City of Hudson that, in order to accomplish the general purposes of this chapter as set forth in Subsection A above, it is necessary and proper to establish and enforce the regulations contained in this chapter for the following specific purposes:
(1)
To promote and protect the health, safety, comfort
and general welfare of the public.
(2)
To stage development and redevelopment to coincide
with orderly growth and the availability of necessary public services
and utilities.
(3)
To divide the City of Hudson into districts, thereby
restricting and regulating therein the location, construction, reconstruction,
alteration and use of buildings, structures and land for residential,
business, retail commercial, industrial and other specified uses.
(4)
To protect the architectural and site planning character
and maintain the stability of residential, business, commercial and
industrial areas within the community and prohibit uses, buildings
or structures which are incompatible with the character of development
in such areas.
(5)
To provide adequate light, air, privacy and convenience
of access to property.
(6)
To limit congestion in public streets and to foster
public safety and convenience in travel and transportation.
(7)
To provide protection against fire, explosions, obnoxious
fumes, loud obnoxious noise and other hazards that are detrimental
to the interest of public health, safety and comfort.
(8)
To prevent environmental pollution.
(9)
To prevent the destruction and imprudent exploitation
of the community's natural resources.
(10)
To preserve the value of land and buildings throughout
the community.
(11)
To provide for the gradual elimination of those uses
of land, buildings and structures which do not conform to the standards
for the district in which they are located and which may adversely
affect the development and the property values in such area.
(12)
To provide for and protect environmentally sensitive
areas, common open space and natural resource areas.
(13)
To provide for the enforcement of this chapter and
to define and limit the powers and duties of the administrative officers
and bodies responsible therefor.
The following rules of construction apply to
the text of this chapter:
A.
The particular shall control the general.
B.
In case of any difference of meaning or implication
between the text of this chapter and any caption or illustration,
the text shall control.
C.
The word "shall" is always mandatory and not discretionary.
The word "may" is permissive.
D.
Words used in the present tense shall include the
future, and words used in the singular number shall include the plural,
and the plural the singular, unless the context clearly indicates
the contrary.
E.
The word "lot" shall include the words "piece," "parcel"
and "plot"; the word "building" includes all other structures of every
kind regardless of similarity to buildings; and the phrase "used for"
shall include the phrases "arranged for," "designed for," "intended
for," "maintained for" and "occupied for."
F.
Words not specifically defined in this chapter or
other City codes shall utilize the common definition found in Webster's
Collegiate Edition Dictionary.
As used in this chapter, the following terms
shall have the meanings indicated:
A use which is clearly incidental to, customarily found in
connection with and (except in the case of accessory off-street parking
spaces or loading) located on the same buildable lot as the principal
use to which it is related. When "accessory" is used in the text of
this chapter, it shall have the same meaning as "accessory use."
A commercial food-producing operation on 10 or more contiguous
acres devoted to the production for sale of livestock, dairy animals,
dairy products, poultry and poultry products, fur-bearing animals,
horticultural and nursery stock, fruit of all kinds, vegetables, forage,
grains, bees or apiary products by the owner.
A public or private right-of-way primarily designed to serve
as secondary access to the side or rear of those properties whose
principal frontage is on a street and not intended for general traffic
circulation.
Any change, addition or modification in construction or type
of occupancy or in the structural members of a building, such as walls
or partitions, columns, beams or girders, the consummated act of which
may be referred to herein as "altered" or "reconstructed."
DOMESTIC PETDogs, cats, birds and similar animals commonly kept in a residence occupied by people.
DOMESTIC FARM ANIMALCattle, hogs, horses, queen bees, sheep, goats, chickens and other animals commonly kept for commercial food-producing purposes.
A suite of rooms or a room with permanent cooking facilities
in a multiple-family building arranged and intended for a place of
residence of a single family or a group of individuals living together
as a single housekeeping unit.
Those lands within a development parcel remaining after the
deletion of floodplains, wetlands, all slopes greater than 25%, drainage
easements and street easements.
A place where, along with the sale of engine fuels, the following
services may be carried out: general repair of cars; parts replacement;
body and fender work; painting, undercoating or upholstering; replacement
or reconditioning of motors; body frame or fender straightening and
repair; vehicle steam cleaning; and automobile or vehicle washing
devices.
A place where any motor fuel, lubricating oil or grease for
operating motor vehicles is offered for sale to the public and deliveries
are made directly into motor vehicles. This definition includes greasing,
oiling and the sale of automobile accessories on the premises.
That portion of a building which is partly or wholly below
grade but so located that the vertical distance from the average grade
to the floor is greater than the vertical distance from the average
grade to the ceiling. A basement shall not be counted as a story.
A place of lodging for six or fewer rooms for rent which
is the owner's personal residence and which is occupied by the owner
at time of rental. Also refer to W.S.A. s. 254.61.[1]
See the definition in Chapter 254, Subdivision of Land.
A building other than a motel or hotel where, for compensation
and by prearrangement for definite periods of time, meals or lodgings
are provided for three or more unrelated persons.
Any structure, either temporary or permanent, having a roof
supported by columns or walls and intended for the shelter or enclosure
of persons, animals, chattels or property of any kind.
The Wisconsin State Building Code.
The vertical distance measured from the established grade
to the highest point of the roof surface for flat roofs, to the deckline
of mansard roofs or to the average height of the highest gable of
a pitched or hipped roof. Where a building is located on sloping terrain,
the height shall be measured from the average ground level of the
grade at the building wall.
The minimum horizontal distance between the building and
the lot line.
A line within a lot which describes the required nonbuildable
portion of a lot because of closeness to a public right-of-way line,
a side or rear lot line, a bluff line or a high water mark. Beyond
this line, toward the interior of the lot, buildings or structures
may be placed when in accordance with this chapter.
The term used to indicate the size and setbacks of buildings
or structures and the location of the same with respect to one another
and includes:
A non-tax-exempt property wherein merchandise is exhibited
or sold or where services are offered for compensation, but not including
a home occupation.
A roof-like structure cantilevered or projecting from a wall
and supported in whole or in part by vertical supports from the ground
and erected primarily to provide shelter from the weather.
That portion of a building between the floor and ceiling
which is wholly or partly below grade and so located that the vertical
distance from the grade to the floor below is equal to or greater
than the vertical distance from the grade to the ceiling.
A statement signed by the compliance officer setting forth that either a structure or zoning lot, or both, may lawfully be employed for specific uses. Such structure(s) and use shall conform to the provisions of this chapter. See § 255-83.
A review of an activity or use of the land as designated
by this chapter which, because of unique characteristics of the land
use or activity, may require interpretation or review and possible
restrictions or conditions because of the complexity of the proposal.
A natural or artificial watercourse with definite bed and
banks to confine and conduct continuously or periodically flowing
water, including but not limited to streams, rivers, creeks, ditches,
drainageways, canals, conduits, culverts, waterways, gullies, ravines
or washes, and including any area adjacent thereto which is subject
to inundation from the watercourse by reason of overflow or floodwaters.
An establishment where human patients who are not lodged
overnight are admitted for examination and treatment by a group of
physicians, dentists or similar professions.
An organization of persons for special purposes or for the
promulgation of sports, arts, sciences, literature, politics or the
like but not operated for profit.
A pattern of subdivision development which places detached
housing, duplexes or townhouse units into compact groupings while
providing a network of commonly owned or dedicated open space.
The administration and code enforcement personnel designated
by this chapter or the Common Council, normally the Building Inspector
or Planner/Zoning Administrator.
The established policies, statements, goals and interrelated
plans for private and public land and water use, transportation and
community facilities, including recommendations for planned executions,
documented in texts, ordinances and maps, which are recognized and/or
adopted as the guide for the future development of the community or
any portion thereof. (Also see "Master Plan Map.")
See "use, conditional."
A residential, commercial or industrial building and property
subject to condominium declaration as established in W.S.A. ch. 703.
See "nursing home."
A dwelling or facility licensed per W.S.A. ss. 48.65 and
66.304.
The new construction or expansion or relocation of a building,
structure or accessory use on a lot.
[Amended 5-1-2000 by Ord. No. 9-00]
The ground within the confines of the lot that does not contain
buildings and slope in excess of 20% and meets the requirements of
Wisconsin Administrative Code Chapter ILHR 83.
A building other than a motel, hotel, house or apartment
where an organization or institution houses students, employees or
patients. Such buildings are used in connection with an organized
activity of the institution, are occupied on a prearranged basis for
definite periods and provide meals and/or lodging.
The process by which soils or other surficial materials normally
transported by surface water erosion into a body of water are removed
for the purpose of deepening the body of water.
A business establishment so developed that its retail or
service character is dependent on providing a driveway approach or
parking spaces for motor vehicles so as to serve patrons while in
the motor vehicle rather than within a building or structure.
A building designed exclusively for occupancy by one family
living independently.
A residential building not capable of year-round occupancy
due to nonwinterized construction or an inadequate, nonconforming,
year-round on-site sewage treatment system.
A building designed exclusively for occupancy by two families
living independently of each other.
A building, or portion thereof, designed for occupancy by
one family for residential purposes and having private cooking facilities.
A residential development specifically designed for and occupied
by at least one person 55 years of age or older per dwelling unit.
At least 80% of the dwelling units in the residential development
must be occupied by at least one person age 55 and older. The owner
or manager of the residential development must:
Have and adhere to published policies and procedures
that demonstrate an intent by the owner or manager to provide housing
for persons 55 years of age or older; and
Maintain records containing written verification
that the above requirements in this definition are adhered to.
[Added 11-18-2002 by Ord. No. 19-02]
Built, constructed, altered, reconstructed or moved upon.
Any physical operations on the premises which are required for construction,
excavation, fill, drainage and the like shall be considered a part
of erection.
The erection, construction, alteration or maintenance by
public utilities or municipal departments of underground, surface
or overhead gas, electrical, steam, fuel or water transmission or
distribution systems or collection, communication, supply or disposal
systems, including towers, poles, wires, mains, drains, sewers, pipes,
conduits, cables, fire alarm and police call boxes, traffic signals,
hydrants and similar equipment in connection therewith, but not including
buildings which are necessary for the furnishing of adequate service
by such utilities or municipal departments for the general health,
safety or welfare.
Any breaking of ground, except common household gardening
and ground care.
The storage of goods, materials, equipment, manufactured
products and similar items not fully enclosed by a building.
An individual or two or more persons related by blood, marriage,
adoption or foster care arrangement living together as a single housekeeping
unit or a group of not more than five persons (exclusive of servants)
who need not be related by blood or marriage living together in a
dwelling unit. Every unrelated additional individual or group of two
or more persons living in such dwelling unit shall be considered a
separate family for purposes of this chapter.
See "agriculture use."
A noncommercial food-producing use primarily intended for
the use of the residents and usually on less than 10 contiguous acres.
Suburban agricultural uses may include the production of crops, such
as fruit trees, shrubs, plants, flowers, vegetables and domestic pets.
The place of housing or feeding of livestock or other animals
for food, fur, pleasure or resale purposes in yards, lots, pens, buildings
or other areas not normally used for pasture or crops and in which
substantial amounts of manure or related other wastes may originate
by reason of such feeding of animals.
A partition, structure, wall or gate erected as a dividing
marker, visual or physical barrier or enclosure.
Any act and the conditions resulting therefrom by which soil,
earth, sand, gravel, rock or any similar material is deposited, placed,
pushed, pulled or transported.
A drawing or map of an approved subdivision meeting all requirements of Chapter 254, Subdivision of Land, and platting requirements of Wisconsin statutes.
See § 255-68.
The ratio of the floor area of a building to its lot area.
For example, when a floor area ratio of 0.5 is specified, the floor
area of a building constructed on a lot of 10,000 square feet in area
is limited to a maximum of 5,000 square feet, the number of stories
being optional. The building area may be 5,000 square feet for one
story, 2,500 square feet for each of two stories and so forth. The
purpose of this ratio is to control the bulk of buildings and encourage
the development of open space or plazas about structures in the intensely
developed portions of the City.
For the purpose of computing the minimum allowable floor
area in a residential dwelling unit, the sum of the horizontal areas
of each story of the building shall be measured from the exterior
faces of the exterior walls or from the center line of walls separating
two buildings. The floor area measurement is exclusive of areas of
basements, unfinished attics, attached garages, breezeways and enclosed
and unenclosed porches.
For the purpose of computing parking, that area used for
or intended to be used for the sale of merchandise or services or
for use to serve patrons, clients or customers. Such floor area which
is used or intended to be used principally for hallways, for the storage
or processing of merchandise or for utilities or sanitary facilities
shall be excluded from this computation of usable floor area. Measurement
of usable floor area shall be the sum of the horizontal areas of the
several floors of the building, measured from the interior faces of
the exterior walls.
An accessory building or portion of a main building designed
or used solely for the storage of motor-driven vehicles, boats and
similar vehicles owned and used by the occupants of the building to
which it is accessory.
Any premises used for the storage or care of motor-driven
vehicles or where any such vehicles are equipped for operation, repaired
or kept for remuneration, hire or sale.
A space, building, structure or combination thereof for the
commercial storage and display of live trees, shrubs or other plants
normally offered for retail sale on the premises and including products
used for gardening or landscaping. Fruits, vegetables and Christmas
trees are examples of seasonally available non-nursery materials which
are also sold on the premises.
See "automobile service station."
The ground elevation established for the purpose of regulating
the number of stories and the height of buildings. The building grade
shall be the level of the ground adjacent to the walls of the building
if the finished grade is level. If the ground is not entirely level,
the average grade shall be determined by averaging the elevation of
the ground of the highest and lowest grades adjacent to the building.
A facility designed to fit into the community to provide
living quarters and services for individuals of medical or social
needs and to be staffed by qualified professionals pursuant to W.S.A.
s. 48.625, foster homes, and W.S.A. ss. 46.03(22) and 62.23(7)(i),
community living arrangements.
The proposed use of the property and associated structures
in question cannot be established under the conditions allowed by
this chapter or its amendments and no other reasonable alternative
exists; the plight of the landowner is due to physical circumstances
unique to the land, structure or building involved and which are not
applicable to other lands, structures or buildings in the same zoning
district; and these unique circumstances of the site cannot be created
by the landowner after the effective date of this chapter or its amendments.
Economic considerations alone shall not constitute a hardship for
the reasonable use of the property and associated structures under
the conditions allowed by this chapter. (See "variance.")
A structure or site designated as an historical structure
or site by either the State of Wisconsin Historical Society, the National
Register of Historic Places or the City of Hudson in which limited
commercial activity for historical or artistic items may occur.
Any gainful occupation or profession engaged in only by the occupant of a dwelling at or from the dwelling when carried on within a dwelling unit and not in any accessory building. (See § 255-54.)
A building or part of a building, with a common
entrance or entrances, in which the dwelling units or rooming units
are used primarily for transient occupancy and in which one or more
of the following services are offered:
A hotel may include, but is not limited to,
a restaurant or cocktail lounge, public banquet halls, ballrooms or
meeting rooms.
A use or service which is unsuitable for direct association
with certain other uses because it is contradictory, incongruous or
discordant.
An area where waste, used or secondhand materials are bought
and sold, exchanged, stored, baled, packed, disassembled or handled,
including but not limited to scrap iron and other metals, paper, rags,
rubber tires and bottles. "Junkyard" includes automobile wrecking
yards and includes any area of more than 200 square feet for storage,
keeping or abandonment of junk but does not include uses established
entirely within an enclosed building.
Any place where four or more of any type of domestic pets
over six months of age are owned, boarded, bred or offered for sale.
The extraction or grading of land involving movement of earth
and materials in excess of 50 cubic yards, exclusive of normal yard
landscaping.
Planting trees, turf cover and ground cover, such as shrubs and grasses. (See § 255-34.)
An off-street space on the same lot with a building or group
of buildings for the temporary parking of a commercial vehicle while
loading and unloading merchandise or materials.
A room rented as sleeping and living quarters but without
cooking facilities. In a suite of rooms without cooking facilities,
each room which provides sleeping accommodations shall be counted
as one lodging room.
A parcel of land occupied or intended to be occupied by a
principal building or a group of such buildings and accessory buildings
or utilized for the principal use and uses accessory thereto, together
with such yards and open spaces as are required under the provisions
of this chapter.
The total horizontal area within the lot lines of the lot.
A single tract of land, under separate ownership, which,
at the time of filing for a building permit, is designated by its
owner or developer as a tract to be used, developed or built upon.
Said buildable lot shall meet or exceed all of the requirements of
this chapter as it relates to area, size, dimensions and access frontage
as required for a new lot located in the same zoning district.
A lot where the interior angle of two adjacent sides at the
intersection of two streets is less than 135°. A lot abutting
upon a curved street or streets shall be considered a corner lot for
the purpose of this chapter if, as measured on the property line,
the arc is of less radius than 150 feet and the tangents to the curve,
at the two points where the lot lines meet the curve or the straight
street line extended, form an angle of less than 135°.
The part or percent of the lot occupied by a building, including
accessory buildings, and other sidewalks and parking surfaces.
The horizontal distance between the front and rear lot lines,
measured along the median between the side lot lines.
Any lot other than a corner lot.
The lines bounding a lot as defined herein:
FRONT LOT LINEIn the case of an interior lot, that line separating said lot from the street. In the case of a corner lot or double-frontage lot, that line separating said lot from either street.
REAR LOT LINEThat lot line opposite the front lot line. In the case of a lot pointed at the rear, the rear lot line shall be an imaginary line parallel to the front lot line, not less than 10 feet long, lying farthest from the front lot line and wholly within the lot.
SIDE LOT LINEAny lot line other than the front lot line or the rear lot line. A side lot line separating a lot from another lot or lots is an interior side lot line.
Any interior lot having frontage on two more or less parallel
streets, as distinguished from a corner lot. In the case of a row
of double-frontage lots, all yards of said lots adjacent to streets
shall be considered frontage, and front yard setbacks shall be provided
as required.
The horizontal distance between the side lot lines, measured
at the two points where the building line, or setback line, intersects
the side lot lines.
A building in which is conducted the main or principal use
of the lot upon which it is situated.
The main or principal use to which the premises are devoted
and the principal purpose for which the premises exist.
A street which is intended to serve as a large-volume trafficway
for both the immediate municipal area and the region beyond and is
designated as an interstate freeway, principal or minor arterial,
expressway or equivalent term on the Master Street Plan Map or Official
Map.
All manufacturing, compounding, processing, generating, packaging,
treatment or assembly of goods or materials which involves a risk
of offensive or dangerous nuisance, such as noise, odor or pollution,
beyond the lot on which the use is located. Such uses include but
are not limited to the following: sawmills, refineries, commercial
feedlots, acid, cement, explosives, flour, feed, grain milling or
storage, meat packing, slaughterhouses, coal or tar asphalt distillation,
rendering of fat, grease, lard or tallow, alcoholic beverages, poisons,
exterminating agents, glue or size, lime, gypsum, plaster of paris,
tanneries, automobile parts, paper and paper products, glass, chemicals,
crude oil and petroleum products, including storage, electric power
generation facilities, vinegar works, junkyard, auto reduction yard,
foundry, forge, casting of metal products, rock, stone and cement
products.
All compounding, processing, packaging, treatment or assembly
of goods and materials, provided that such use will not involve the
risk of offensive odors, glare, smoke, dust, noise, vibrations or
other pollution extending beyond the lot on which the use is located.
Such uses include but are not limited to the following: lumberyards,
machine shops, products assembly, sheet metal shops, plastics, electronics,
general vehicle repair (repair garage), body work and painting, contractors'
shops and storage yards, food and nonalcoholic beverages, signs and
displays, printing, publishing, fabricated metal parts, appliances,
clothing, textiles and used auto parts.
Business and industry, including corporate and regional offices,
involved in research and development, technology, manufacturing, prototyping,
product testing and experimental or commercial testing. Production,
processing, servicing, testing or repair of materials, goods or products,
limited to the following uses, products, components or circumstances:
Small-scale products (finished weight not exceeding 50 pounds)
not listed in this section but similar in intent and character.
[Added 8-20-2018 by Ord.
No. 20-18]
Any solid or liquid containing animal excreta.
The comprehensive future growth plan map which reflects the
community's goals, policies and proposals and indicates the general
location for streets, parks, schools, public buildings and all physical
development of the municipality, including any unit or part of such
plan and any amendment to such plan. Such a plan may be recognized
and/or adopted by the Plan Commission and/or the legislative body.
(Also see "Comprehensive Plan.")
Those uses concerned with the diagnosis, treatment and care
of human beings. These include hospitals, dental services, psychiatric
and medical services or a clinic, nursing home, rest home, sanitarium
or convalescent home.
An intermediate floor not to exceed 1/3 of the main floor
area.
An inorganic substance occurring naturally in the earth and
having a consistent and distinctive set of physical properties and
a composition that can be expressed by a chemical formula.
The extraction of sand, gravel, rock, soil or other material
from the land and the removal thereof from the site. For the purpose
of this chapter, "mining" shall not include the removal of materials
associated with the construction of a building, the removal of excess
materials in accordance with approved plats or utility highway construction
and sod removal.
[Amended 5-1-2000 by Ord.
No. 9-00]
A transportable single-family dwelling unit suitable for
year-round occupancy and containing the same water supply, waste disposal
and electrical conveniences as immobile housing and having no foundation
other than wheels, jacks or skirting and complying with the Wisconsin
Mobile Home Code.
A parcel or tract of land developed with facilities for locating
mobile homes, provided that each mobile home contains a kitchen, flush
toilet and shower or bath. It shall not include a sales lot in which
automobiles or unoccupied mobile homes are parked for the purpose
of inspection or sale.
A non-mobile dwelling unit for year-round occupancy constructed
or fabricated at a central factory and transported to a building site
where final installations are made permanently affixing the dwelling
unit to the site. Said dwelling unit shall be equivalent to a unit
constructed on the site, complying with all the requirements of the
Wisconsin Building Code.
A series of attached, semidetached or detached rental units
containing a bedroom, bathroom and closet space. Units shall provide
for overnight lodging and are offered to the public for compensation
and shall cater primarily to the public traveling by motor vehicle.
A building or area in which freight brought by motor truck
is transferred and/or stored for movement by motor truck.
Site preparation for and construction of entirely new structures
and/or significant extensions to existing structures whether or not
the site was previously developed.
[Added 6-19-2017 by Ord.
No. 10-17]
Any lawful use of land or any lawful use of a building or
structure existing on the effective date of this chapter or any amendment
thereto, which use does not conform to the regulations for the district
in which it is located after the effective date of this chapter or
such amendment.
Material which is capable of causing injury or is in any
way harmful to living organisms or is capable of causing detrimental
effect upon the physical or mental health of human beings.
An offensive, annoying, unpleasant or obnoxious thing or
practice; a cause or source of annoyance, especially a continuing
or repeating invasion of any physical characteristics of activity
or use across a property line which can be perceived by or affects
a human being; or the generation of an excessive or concentrated movement
of people or things, such as noise, dust, smoke, odor, glare, fumes,
flashes, vibration, shock waves, heat, electronic or atomic radiation,
objectionable effluent, noise of congregation, passenger traffic,
water or excessive runoff.
An agricultural activity utilizing land, buildings or structures,
or a combination thereof, for the in-ground growth and storage of
live trees, shrubs or plants normally grown and sold wholesale on
the premises, including products used for gardening or landscaping.
A building with facilities for the care of children or the
aged or infirmed or a place of rest for those suffering bodily disorder.
Said nursing home shall be licensed by the State of Wisconsin as provided
by law.[2]
A map adopted in accordance with W.S.A. s. 62.23 which may
show existing streets and state aid highways, proposed future streets
and highways and the area needed for widening existing streets and
highways. An official map may also show the location of existing public
land and facilities and other land needed for future public reasons,
including public facilities such as parks, playgrounds, schools, civic
centers, public service facilities and other public buildings. When
requested in accordance with W.S.A. s. 62.23, an official map may
include existing and planned public land uses within incorporated
areas.
A facility providing vehicular parking spaces along with
adequate drives and aisles for maneuvering so as to provide access
for entrance and exit for the parking of more than three vehicles.
A business establishment so developed that service to the
patron may be extended beyond the walls of the structure, not requiring
the patron to enter the structure. The term "open-front store" shall
not include automobile repair stations or automobile service stations.
A parcel of land, other than a lot or block, so designated
on the plat.
An area of definite length and width. Said area shall be
exclusive of drives, aisles or entrances giving access thereto and
shall be fully accessible for the parking of permitted vehicles.
A through street or road with a wide right-of-way and larger
than normal structural setbacks. It is usually well landscaped and
preserves, as much as possible, the natural vegetation and contour
of the land in a more curvilinear pattern than normal streets and
thoroughfares. Such a wide right-of-way may include trails, landscaping,
scenic overlooks, picnic facilities and other recreation uses. A parkway
may connect, be part of or be adjacent to other public open space.
Parkways should be shown in the Comprehensive Guide Plan and the Transportation
Plan.
The duly appointed planning and zoning advisory commission
of the City of Hudson.
Development which may have one or more main uses or structures
on a single parcel or contiguous parcels of land, controlled by a
single landowner or development group, upon which the developer may
be granted relief or design flexibility from specific community ordinances
relating to land use, subdivision and other similar regulations. This
relief or design flexibility may be granted by the community in return
for assurances of an overall innovation and/or quality of development
which will be of exceptional benefit to the community as a whole.
While construction of the entire project may occur in planned stages,
the entire project must create an environment compatible with adjacent
uses and structures.
See "lot lines," as defined herein.
A contract or declaration which constitutes a restriction
on the use of a particular parcel of property.
Any area where two or more power-driven vehicles or animals
are raced for profit or pleasure.
Play apparatus, such as swing sets and slides, sandboxes,
poles for nets, unoccupied boats and trailers not exceeding 25 feet
in length, picnic tables, lawn chairs, barbecue stands and similar
equipment or structures, but not including tree houses, swimming pools,
playhouses exceeding 25 square feet in floor area or sheds utilized
for storage of equipment.
Any vehicle or structure designed and used for temporary,
seasonal human living quarters which meets all of the following qualifications:
it is not used as the permanent residence of the owner or occupant;
it is used for temporary living quarters by the owner or occupant
while engaged in recreational or vacation activities; and it is towed
or self-propelled on public streets or highways incidental to such
recreational or vacation activities. Examples of such vehicles include
van campers, tent camping trailers, self-contained travel trailers,
pickup campers, camping buses and self-contained, self-propelled truck-chassis-mounted
vehicles providing living accommodations.
A park, court, campsite, lot, parcel or tract of land designed,
maintained or intended for the purpose of supplying the location or
accommodations for any recreation vehicles as defined herein and upon
which said recreation vehicles are parked. The term "recreation vehicle
park" shall include all buildings used or intended for use as a part
of the equipment thereof, whether a charge is made for the use of
the park and its facilities or not.
A center for the collection and/or processing of recyclable materials. Refer to § 255-73.
Any structure or group of structures containing more than
two dwelling units or separate living quarters designed or intended
to serve as seasonal or temporary dwellings on a rental or lease basis
for profit, with the primary purpose of said structure or structures
being recreational in nature. Uses may include a grocery for guests
only, fish cleaning house, marine service, boat landing and rental,
recreational area and equipment and similar uses normally associated
with a resort operation.
For the purpose of determining lot area requirements and
density in a multiple-family district, a room is a living room, dining
room or bedroom equal to at least 70 square feet in area. Plans presented
showing one-, two- or three-bedroom units and including a den, library
or other extra room shall count such extra room as a bedroom for the
purpose of computing density.
Includes earth mounds, berms or ground forms, fences and
walls, landscaping (plant materials) or landscaped fixtures (such
as timbers) used in combination or singularly so as to block direct
visual access to an object.
The distance required to obtain front, side or rear yard
open space provisions of this chapter.
Any grouping of two or more principal retail uses, whether
on a single lot or on abutting lots under multiple or single ownership.
A stable or building for the keeping of horses for the noncommercial
use of the residents for the principal use and shall not include the
keeping of horses for others or for commercial boarding of horses.
A stable other than a private stable with a capacity for
more than two horses.
A structure used only for the display and sale of products,
with no space for customers within the structure.
That part of a building, except a mezzanine as defined herein, included between the surface of one floor and the surface of the next floor or, if there is no floor above, then the ceiling next above. A story thus defined shall not be counted as a story when more than 50%, by cubic content, is below the height level of the adjoining ground. (Also see § 255-39.)
A public dedicated right-of-way, other than an alley, which
affords the principal means of access to abutting property.
Any change, other than incidental repairs, which would prolong
the life of the supporting members of a building, such as the addition,
removal or changing of bearing walls, columns, beams, girders or foundations.
Anything constructed or erected, the use of which requires
location on the ground or attachment to something having location
on the ground.
Any building or structure lawfully existing on the effective
date of this chapter or any amendment thereto, which building or structure
does not conform to regulations, including dimensional standards,
for the district in which it is located after the effective date of
this chapter or such amendment.
A multiple-family dwelling structure which is usually more
than one story in height. Townhouses provide flexibility by allowing
several single-entry, single-family dwelling units with common vertical
walls to be constructed in one structure along a street or court.
This type of construction provides low lot coverage with open space
and landscaping.
A movable or portable unit to be towed on its own chassis
and which may be used for recreational purposes.
A truck, taxi, air, bus, train and mass transit terminal
and storage area, including a motor freight (solid and liquid) terminal.
See § 255-39.
An activity or use of the land as designated by this chapter
which would not generally be permitted but, because of unique characteristics,
may be allowed by the Common Council after a public hearing and a
finding that certain conditions as detailed in the Zoning Code exist
and the use or development conforms to the comprehensive land use
plan of the community and is compatible with the existing neighborhood
and subject to appropriate conditions and guaranties written into
the conditional use permit. A conditional use permit is attached to
the land, not to the owner or user, unless otherwise specified by
the Common Council in the permit itself.
An activity or use of a temporary or short-term nature permitted by conditional use permit and reviewed annually and usually involving little capital or construction activity and no public extension of facilities. (See § 255-51.)
A use which may be lawfully established in a particular district
or districts, provided that it conforms to all requirements, regulations
and standards of such district.
The main use of land or buildings, as distinguished from
a subordinate or accessory use.
Any modification or variation of the dimensional standards
of the Zoning Code granted when strict enforcement of the Zoning Code
would cause undue hardship (also see "hardship") and unique circumstances
apply to the property. A variance is not justified unless both elements
are present in the case, and economic considerations alone shall not
be enough for approval of a variance.
A building or any portion thereof used for the care, diagnosis
and treatment of sick, ailing or diseased animals.
Screening material consisting of fence, masonry, wood or
other approved types of construction, to include living walls (trees
and shrubs).
The storage, packing and crating of materials or equipment
within an enclosed building or structure.
The selling of goods, equipment and materials by bulk to
another person who in turn sells the same to customers.
An open space on the same lot with a building or structure,
unoccupied and unobstructed from its lowest level to the sky, except
as otherwise permitted. A yard extends along a lot line and to a depth
or width specified in the yard requirements for the zoning district
in which such lot is located.
A side yard which adjoins a public street.
A yard extending along the full length of the front lot line
between the side lot lines and on which the main entrance of the structure
may be located.
A yard which is located immediately adjacent to another lot
or to an alley separating such side yard from another lot.
A yard extending along the full length of the rear lot line
between the side lot lines.
A yard extending along a side lot line from the front yard
to the rear yard.
