[Amended by Ord. No. 34-94]
A.
The boundaries of the zoning use districts are hereby
established as indicated upon the map entitled "Hudson Zoning District
Map," dated November 19, 1993, which accompanies and is made part
of this chapter as if the same were all fully described herein. Amendments
to be included are:
(1)
Annexations: Ord. Nos. 22-94, 26-95, 31-95, 13-96,
4-98, 8-98, 12-98, 14-98, 7-99, 7-00, 13-00, 24-00, 2-01, 9-01, 9-03,
9-05, 11-05, 5-07, 1-10, 8-12, 5-13, 7-14, 10-14, 8-16, 16-18, 6-19,
20-19, 15-20, 9-21, 9-22.
(2)
Rezonings: Ord. Nos. 16-94, 27-94, 28-94, 29-95, 30-95,
32-95, 3-96, 16-96, 15-96, 4-97, 5-97, 11-97, 7-98, 11-98, 6-99, 15-99,
16-99, 19-99, 1-00, 3-00, 6-00, 11-00, 12-00, 15-00, 18-00, 19-00,
20-00, 6-01, 11-01, 16-01, 5-02, 7-02, 8-02, 9-02, 24-02, 5-03, 15-03,
4-04, 7-04, 10-04, 11-04, 2-05, 6-05, 7-05, 12-05, 13-05, 8-07, 15-07,
7-09, 3-10, 8-10, 10-10, 1-11, 11-11, 16-11, 20-11, 10-12, 13-12,
10-13, 11-13, 4-15, 6-15, 18-16, 20-16, 21-16, 22-16; 3-17, 4-18,
5-18, 11-18, 12-18, 13-18, 17-18, 18-18, 23-18, 24-18, 27-18, 28-18,
9-19, 10-19, 11-19, 14-19, 17-19, 9-20, 11-21, 19-21, 14-22, 1-23,
2-23, 1-24.
B.
Where uncertainty exists with respect to the boundaries
of the various districts as shown on the Zoning Map, the following
rules shall apply:
(1)
Boundaries indicated as approximately following the
center lines of streets, highways and alleys shall be construed to
follow such center lines.
(2)
Boundaries indicated as approximately following platted
lot lines shall be construed as following such lot lines.
(3)
Boundaries indicated as approximately following City
of Hudson corporate boundaries shall be construed as following the
corporate boundaries.
(4)
Boundaries indicated as following shorelines shall
be construed to follow such shorelines, and, in the event of change
in the shoreline, it shall be construed that the boundary has moved
with the actual shoreline. Boundaries indicated as approximately following
the center line of streams, rivers, lakes or other bodies of water
shall be construed to follow such center lines.
(7)
Insofar as some or all of the various zoning districts
may be indicated on the Zoning Map by patterns which, for the sake
of map clarity, do not cover public rights-of-way, it is intended
that such district boundaries do extend to the center of any public
right-of-way.
For the purpose of this chapter, the City of
Hudson is hereby divided into the following zoning use districts:
A.
AR - Agricultural Residential District. The AR - Agricultural
Residential District is designed to provide for limited large lot,
low-density residential development in a rural lifestyle, where agricultural
uses can be continued and where orderly growth and sanitary facilities
may be extended with zoning district changes at some future date.
All property located in this district which is proposed for subdivision
must be designed with the extension of future public utilities considered
and meet subdivision standards for urban-type services.
B.
C-1 Conservation and C-2 Conservation Recreation Districts.
(1)
The C-1 Conservation District is designed to protect
and preserve the open space character and natural state of certain
lands by reducing or eliminating development pressures. Specific goals
for such land include the preservation and/or protection of said land,
water, vegetation or wildlife from future man-made disruptions.
(2)
The C-2 Conservation Recreation District is designed
to conserve open space areas but allow passive and active recreational-related
development compatible with the location and aesthetic qualities of
the site.
C.
R-1 and R-2 One- and Two-Family Residential Districts.
The R-1 and R-2 One- and Two-Family Residential Districts are designed
to be the most restrictive of the residential districts. The intent
is to provide for an environment of predominantly moderate-density
one-family and two-family dwellings along with other residentially
related facilities which serve the residents in the district or local
neighborhood.
(1)
An R-1 District is a single-family district in which
the density usually ranges from 4.0 to 4.5 units per acre of lot area,
with the minimum lot size being 9,000 square feet. The intent of this
size lot is to provide for the larger or wider single-family homes
in a suburban setting.
(2)
An R-2 District allows only one- and two-family dwellings
in which the density usually ranges from 4.5 to 6.0 units per acre
of lot area. Minimum lot sizes are still 9,000 square feet for single-family
homes or 4,500 square feet for each duplex unit.
D.
R-T Transitional Two-Family Residential District.
[Amended by Ord. No. 8-97]
(1)
The R-T Transitional Two-Family Residential District
is designated to afford a transition of use of existing housing areas
by permitting conversion of existing structures from residential to
other uses, such as commercial retail or offices, in close proximity
to commercial districts which would not significantly affect the residential
character because such uses shall occur only within the existing residential
structures. This district also recognizes residential areas of the
City where larger houses have been, or can be, converted from one-family
to two-family residences in order to extend the economic life of these
units and allow the owners to justify the cost of repairs and modernization.
This district also allows for construction of new two-family residences.
(2)
Uses shall be permitted upon the receipt of a conditional
use permit and deeming by the Common Council as an appropriate use
in the district, except for one-family and two-family residential
development. Density within the district shall be limited to no more
than two units per lot, unless the units were in existence prior to
the adoption of this chapter.
E.
RM-1, RM-2, RM-3 and RM-4 Multiple-Family Residential
Districts.
(1)
The RM-1, RM-2, RM-3 and RM-4 Multiple-Family Residential
Districts are designed to provide sites for multiple-family dwelling
structures and related uses which will generally serve as zones of
transition between the nonresidential districts and the moderate-density
one-family and two-family districts. An RM-1 District allows moderate-density
apartments and townhouses of up to three stories with a floor area
not to exceed 50% of the lot area. An RM-2 District allows higher-density
apartments of up to seven stories with a floor area not to exceed
four times the lot area. An RM-3 District allows density similar to
the RM-1 District, however it requires buffer areas adjacent to R-1
and R-2 Districts. An RM-4 District restricts the maximum number of
dwelling units per building to eight units.
[Amended by Ord. No. 9-97]
(2)
Required buffer areas. The RM-3 District is to provide
for housing densities less than the RM-2 District. Emphasis will be
placed in this district for the development of four or fewer units
per structure with required buffer areas adjacent to One- and Two-Family
Residential Districts. Larger structures of five or more units are
permitted but would require substantially larger buffer areas adjacent
to One- and Two-Family Residential Districts.
(a)
For structures of four or fewer units, a buffer
area of 30 feet wide will be required on yards adjacent to One- and
Two-Family Residential Districts. No buildings or parking lots will
be permitted in the required buffer areas.
(b)
For structures of five to eight units, a buffer
area of 60 feet wide will be required on yards adjacent to One- and
Two-Family Residential Districts. No buildings or parking lots will
be permitted in the required buffer areas.
(c)
For structures of nine to 24 units, a buffer
area of 100 feet wide will be required on yards adjacent to One- and
Two-Family Residential Districts. No buildings or parking lots will
be permitted in the required buffer areas. No structure having greater
than 24 units is permitted in the RM-3 District.
F.
B-1 Local Business District. The B-1 Local Business
District, as herein established, is designed to meet the day-to-day
local convenience shopping and services needed by people residing
in adjacent residential neighborhoods.
G.
B-2 General Business District. The B-2 General Business
District is designed to provide automobile access to sites for more
diversified business types which serve a population base larger than
just the City of Hudson. It is intended that this district will have
performance standards to encourage automobile traffic and parking
lots that often will be incompatible with the pedestrian movement
in the Local Business District or the Central Business District.
H.
B-3 Central Business and B-4 Central Business Districts.
[Amended 8-21-2017 by Ord. No. 11-17]
(1)
The B-3 Central Business District is designed to serve the needs
of a larger consumer population than is served by the Local Business
District. This district shall be characterized by a planned cluster
of commercial establishments served by common parking areas and generating
larger volumes of both automobile and pedestrian traffic. Buildings
in this district may also be constructed without setbacks and share
common walls with adjacent buildings.
(2)
The B-4 Central Business District is designed to serve the needs
of a larger consumer population as within the B-3 Central Business
District but in areas where the Central Business District has grown
into or is located near or adjacent to existing residential development.
This district shall be characterized by commercial/office and residential
development of relatively low-intensity usage, but not allow land
uses that are not compatible with the nearby residential neighborhoods,
including, but not limited to, taverns/bars, restaurants, drive-in
businesses, gasoline service stations, auto/truck repair services,
car washes, auto sales and establishments with liquor licenses because
of typical business hours or other characteristics such as noise,
traffic, exterior lighting and parking. All properties requesting
rezoning to B-4 Central Business District shall meet the following
standards:
(3)
Uses. Uses in a B-4 Central Business District shall be permitted
upon the receipt of a conditional use permit in order to protect the
public health, safety and welfare, and shall be deemed by the Common
Council as an appropriate use in the district based on but not limited
to the following criteria. The Community Development Director, Plan
Commission or Common Council may request consultation with architectural,
landscape architectural or civil engineering expertise for review
assistance. Any cost for such services shall be charged to the applicant.
(a)
Intensity of proposed use.
(b)
Traffic and trip generation of proposed use.
(c)
Existing surrounding uses within 300 feet.
(d)
Consistency with the future land use as identified in the City
of Hudson Comprehensive Plan.
(e)
Parking needs and availability of parking for the property in
question and neighboring properties.
(f)
Signage size and location for the proposed use.
(g)
Exterior lighting for the proposed use.
(h)
Noise to potentially be generated by the proposed use.
I.
I-1 Light Industrial District.
(1)
The I-1 Light Industrial District is designed so as
to primarily accommodate wholesale activities, warehouses and industrial
operations whose external physical effects are restricted to the area
of the district and in no manner affect in a detrimental way any of
the surrounding districts. The I-1 District is so structured as to
permit, along with any specified uses, the manufacturing, compounding,
processing, packaging, assembly and/or treatment of finished or semi-finished
products from previously prepared material. It is further intended
that the processing of raw materials for shipment in bulk form, to
be used in an industrial operation at another location, not be permitted.
(2)
The general goals of this use district include, among
others, the following specific purposes:
(a)
To provide sufficient space, in appropriate
locations, to meet the needs of the City's future economy for manufacturing
and related uses.
(b)
To protect abutting residential districts by
separating them from manufacturing activities and by prohibiting the
use of such industrial areas for any residential or commercial shopping
development.
(c)
To promote manufacturing development which is
free from danger of fire, explosions, toxic and noxious matter, radiation
and other hazards and from offensive noise, vibration, smoke, odor
and other objectionable influences.
(d)
To promote the most desirable use of land in
accordance with a well-considered plan; to protect the character and
established pattern of adjacent development; and, in each area, to
conserve the value of land and buildings and other structures and
to protect the City's tax revenue.
J.
I-2 General Industrial District. The I-2 General Industrial
District is designed primarily for manufacturing, assembling and fabrication
activities, including large-scale or specialized industrial operations,
whose external physical effects will be felt to some degree by surrounding
districts. The I-2 District is so structured as to permit the manufacturing,
processing and compounding of semi-finished or finished products from
raw material as well as from previously prepared material.
K.
OFC Office District.
[Amended 5-3-2010 by Ord. No. 9-10]
(1)
The OFC Office District is included in the Zoning Code to achieve
the opportunity for offices of a semi-commercial character to locate
outside of the commercial districts. By establishing an Office District,
the City of Hudson recognizes the changing structure of our economy
to service-oriented one and thus desires to establish and maintain
in certain areas of the City the high standards of site planning,
architecture and landscape design sought by many businesses and professional
offices.
(2)
In addition to permitted uses listed in § 255-24, certain retail uses or food service uses, such as cafes, restaurants and retail shopping, or other commercial business uses permitted in the B-1, Local Business District, or B-3, Central Business District, that are limited in scale and are determined by the Common Council to be compatible with the existing neighborhood that may be allowed by conditional use permit, but shall be limited to a maximum of 15% of the total floor space of the structure and no drive-through facilities shall be allowed. Such uses allowed by conditional use permit shall be specified in the Table of Permitted Uses, 255 Attachment 1.[1] In deciding whether to approve a conditional use permit
under this section, factors to consider include, but are not limited
to, traffic, noise, hours of operation, exterior lighting, parking
and any other aspects of the proposed use that may impact the surrounding
neighborhood. As part of the review process, the Common Council may
place conditions on the subject property, as the Council deems necessary
to make the proposed conditional use permit compatible with the neighborhood.
Such conditions may include, but are not limited to:
[Amended 5-2-2011 by Ord. No. 5-11]
(a)
Limiting hours of operation;
(b)
Limiting exterior lighting and signage;
(c)
Requiring screening and buffering;
(d)
Other such conditions deemed appropriate to ensure that such use
fulfills the purpose of this provision.
[1]
Editor's Note: The attachment is included at the end of this chapter.
L.
PUB Public or Quasi-Public District. The PUB Public
or Quasi-Public District is intended to provide a procedure for the
orderly establishment of public facilities, expansion of their operations
or change in the use of lands owned by governmental agencies and for
the identification of established drainageways and floodplains and
quasi-public institutional uses.
M.
PS Plan Study District. The PS Plan Study District
is included in the Zoning Code in order to:
(1)
Provide for the classification of properties annexed,
attached or incorporated into the City of Hudson through alteration
of highway right-of-way or other nonclassified properties during a
specific period of time for study and recommendation.
(2)
Permit an intermediate zoning classification, without
prejudice, for properties that are in areas of significantly changing
conditions, or inadequate zoning regulation, where new or revised
classifications or regulations may be necessary during the period
of study and recommendation.
(3)
Allow the City of Hudson the necessary time to study
and make appropriate recommendations on properties where conditions
are changing and yet encourage high standards of development that
are consistent with, and not damaging to, the adjacent zoning districts.
It is intended that the PS Plan Study District will develop land uses
which are attractive and complimentary to existing and proposed peripheral
development.
N.
F - Floodplain Overlay District.
(1)
The F - Floodplain Overlay District is established
to accomplish the following specific purposes:
(2)
The Floodplain Overlay District is the area designated on the Zoning Map which has high potential for flood damage at least once in 100 years. This is called the "regional flood." The Floodplain Overlay District regulations, derived from the City of Hudson Floodplain Zoning Code (Chapter 253 of the City Code), shall be superimposed upon the existing zoning use districts and shall supersede existing underlying zoning regulations.
(4)
Floodplain Districts. Within said Floodplain District,
three subdistricts shall be utilized:
(a)
Floodway Subdistrict. The Floodway Subdistrict shall consist of all those portions of the adjoining floodplains which have been designated by the Wisconsin Department of Natural Resources and the City of Hudson Floodplain Zoning Code (Chapter 253) as required to carry and discharge the regional flood (one-hundred-year flood). No new construction, filling or grading shall occur in this subdistrict without necessary permits and approvals from the Department of Natural Resources and the City of Hudson.
(b)
Flood-Fringe Subdistrict. The Flood-Fringe Subdistrict shall consist of those areas outside of the floodway but still within the floodplain which, by means of filling, floodproofing or existing topography, may be developed for limited but specific uses when issued a conditional use permit by the City of Hudson. Such uses are listed in § 255-24 of this chapter.
(c)
General Floodplain Subdistrict. The General
Floodplain Subdistrict is established as provided for in the Wisconsin
Department of Natural Resources Floodplain Regulations.
A.
The planned development concept is designed as a means
of encouraging creativity, imagination, variation and flexibility
in the development of residential areas. Its basic characteristic
is the clustering of housing in an effort to preserve and protect
natural amenities, to provide large expanses of usable open space,
to reduce development costs and yet maintain single-family densities
within the overall development of the planned residential development
(PRD). Neighborhood commercial development may also be allowed within
PRD's and can be supported by the Hudson community. Its purpose is
to create a new, high-quality, low-density residential environment
having a mixture of housing types in a functional, natural setting
and yet done in a cost-effective manner.
B.
The planned residential development district shall
be divided into subdistricts designated as PRD-1, PRD-2 and PRD-3.
(1)
PRD-1. PRD-1 is predominantly single-family owner-occupied
dwellings which shall closely approximate the density of single-family
dwellings in the R-1 and R-2 Zoning Districts.
(2)
PRD-2. PRD-2 is a mixture of owner-occupied dwelling
units and rental units and shall closely approximate the density of
development in R-T (residential transition) and RM-1 Zoning Districts.
(3)
PRD-3. PRD-3 shall consist of predominantly apartment
and common-wall dwelling units and closely approximate the density
of development in RM-1 and RM-2 Zoning Districts.
C.
Planned residential developments either within the appropriate PRD District or within other residential districts may be permitted by conditional use permit only as noted in § 255-24, Permitted uses.
D.
Objectives for planned residential districts. The
following objectives shall be considered in reviewing any petitions
or applications for planned residential district zoning:
(1)
To encourage the provision of open space and recreational
facilities in conjunction with residential developments.
(2)
To encourage developers to use a more creative and
imaginative approach in the development of residential areas.
(3)
To provide an enjoyable living environment by preserving
existing topography, stands of trees, ponds, floodplains and similar
natural assets.
(4)
To encourage a variety of living environments and
an agreeable mixture of housing types.
(5)
To permit a degree of flexibility in environmental
design which is not possible under current regulations.
E.
Requirements for establishment of planned residential
districts. Before a petition or application for planned residential
district zoning may be acted upon, the following conditions must be
met:
(1)
The planned development site shall be not less than
10 acres in area for PRD-1, PRD-2 and PRD-3 zoning. The site shall
be under the control of one owner or group of owners and shall be
capable of being planned and developed as one integral unit.
(3)
Boundaries of planned residential district. The boundaries
of the planned residential district shall include the lands as shown
on the Official Zoning Map of the City and by amendments hereafter
made to this chapter.
F.
Principal uses permitted in a planned residential
district. In a planned residential district, no building or land shall
be used and no building shall be erected except for one or more of
the following specified uses, unless otherwise provided in this chapter:
G.
Principal uses permitted subject to the conditions
of the planned residential development conditional use permit. The
following uses shall be permitted if, in the opinion of the advisory
Plan Commission, they are required for the orderly development of
the planned residential district:
(1)
Recreational facilities to serve the owners or occupants
of the planned residential district.
(2)
Limited B-1 type local business uses that serve the
planned residential development. Any such use shall be in a structure
that is harmonious and architecturally integrated with the residential
dwelling units.
(3)
Schools and other public uses that would be required
by the development.
H.
Preapplication conference. Prior to filing a formal
application for approval of a planned residential development, the
developer shall request a preapplication conference with the compliance
officer and City Planner/Zoning Administrator. The purpose of such
a conference is to permit the developer to present a general concept
of his proposed development and to evaluate the necessity for a Wisconsin
environmental assessment prior to a formal request for a planned residential
development conditional use permit and preparation of detailed plans.
(1)
For this purpose, the presentation shall include,
but not be limited to, the following:
(a)
Written letter of intent from the developer
establishing his intentions as to development of the land.
(b)
Ten-foot topographic survey and location maps.
(c)
Sketch plans with contours and ideas regarding
land use, building size and type and arrangement and mixture of store
uses.
(d)
Tentative proposals regarding utilities, drainage,
street layout and standards.
(2)
The City Planner/Zoning Administrator or compliance
officer shall advise the developer of the zoning requirements and
City plans which might affect the proposed development as well as
the procedural steps for approval.
I.
Procedure for planned residential district conditional
use permits and subsequent development.
(1)
An application for PRD conditional use permit within any district shall be filed as provided in § 255-76 upon forms made available by the City.
(3)
The application shall be accompanied by a preliminary
plan prepared by an architect, registered engineer or professional
land planner indicating the following:
(a)
Plan. A drawing of the planned residential development
shall be prepared at a scale of not less than one inch equals 50 feet
and shall show such designations as proposed streets (public and private),
all buildings and their use, common open space and recreation facilities
to indicate the character of the proposed development. The submission
may be composed of one or more of the following:
[1]
Boundary line bearings and distances.
[2]
Streets on and adjacent to the tract. Street
name, right-of-way width, existing or proposed center line elevations,
pavement type, walks, curbs, gutters, culverts, etc.
[3]
Utilities on and adjacent to the tract. Location,
size and invert elevation of sanitary and storm sewers; location and
size of water mains; location of gas lines, fire hydrants, electric
and telephone lines and streetlights; and direction and distance to,
and size of, nearest water mains and sewers adjacent to the tract
showing invert elevation of sewers.
[4]
Finished grades on the tract. For land that
slopes less than 1/2%, show one-foot contours and show spot elevations
at all breaks in grades, along all drainage channels or swales and
at selected points not more than 100 feet apart in all directions;
for land that slopes more than 1/2%, show two-foot contours. First
floor elevations on each proposed structure shall be shown.
[5]
Subsurface conditions on the tract, if required
by the City Engineer. Location and results of tests made to ascertain
subsurface soil, rock and groundwater conditions and depth to groundwater,
unless test pits are dry at a depth of five feet.
[6]
Zoning on and adjacent to the tract.
[7]
Title and certificates. Present tract designation
according to official records in offices of the County Register of
Deeds and title under which the proposed development is to be recorded,
with names and addresses of owners and notation stating acreage.
[8]
Names. The names and addresses of the persons
to whom notices of hearings hereunder may be sent, including the subdivider
or developer, the designer of the subdivision or development and the
owners of the land immediately adjoining or within 500 feet of the
land to be developed and platted.
[9]
Open space. All parcels of land intended to
be dedicated for public use or reserved for the use of all property
owners, with the purpose indicated.
[10]
General location, purpose and height of each
building, other than single-family residences on individually platted
lots.
[11]
Map data. Name of development, North point,
scale and date of preparation.
(b)
Character. Explanation of the character of the
planned development and the reasons why it has been planned to take
advantage of the flexibility of these regulations.
(c)
Ownership. Statement of present and proposed
ownership of all land within the project.
(d)
Schedule. Development schedule indicating stages
in which project will be built with emphasis on area, density, use
and public facilities such as open space to be developed with each
stage. Overall design of each stage shall be shown on the plan and
through supporting graphic material. Approximate dates for beginning
and completion of each stage.
(e)
Covenants. Proposed agreements, provision or
covenants which will govern the use, maintenance and continued protection
of the planned development and any of its common open space.
(f)
Density. Provide information on the density
of residential uses, including dwelling units per acre, the number
of dwelling units by type and the number of buildings by type.
(g)
Nonresidential use. Provide information on the
type and amount of ancillary and nonresidential uses in a residential
development, including the amount and location of common open space.
(h)
Service facilities. Provide information on all
service facilities and off-street parking facilities.
(i)
Architectural plans. Preliminary architectural
plans for all primary building shall be submitted in sufficient detail
to permit an understanding of the style of the development, the design
of the building and the number, size and type of dwelling units.
(j)
Facilities plans. Preliminary plans for roads,
including classifications, width of right-of-way, width of pavement
and construction details; sidewalks; sanitary sewers; storm drainage;
water supply system; underground lighting program; and a general landscape
planting plan.
(k)
Development experience. The developer shall
submit information of personal experience in real estate development,
to include all corporations now or formerly in existence in which
the developer exercised substantial control. If the developer has
not had any previous experience in real estate development, he shall
submit such evidence as is necessary to demonstrate his competence
to undertake the proposed development.
(l)
Financial capability. The developer shall submit
certified evidence of present financial position to include existing
proposed credit sources for land acquisition, construction and permanent
financing. No developer shall be approved unless it can be shown that
he possesses or has the ability to acquire sufficient funds for the
development of the site.
J.
Review.
(1)
Within 30 days of filing, the City Planner/Zoning
Administrator, compliance officer, City Engineer, Director of Parks
and Recreation, Fire Chief, Chief of Police, Building Inspector and
Public Works Superintendent shall schedule and conduct a review of
the proposed PRD and submit written comments to the Plan Commission.
(2)
At the next regularly scheduled Plan Commission meeting,
the Plan Commission shall schedule a public hearing, and thereafter
the Plan Commission shall compose and forward a written recommendation
to the Common Council which advises approval, approval with conditions
or denial of the preliminary development plans. The Common Council
shall review the recommendations of the Plan Commission and City departments
and offices at its next regularly scheduled meeting and may approve,
approve with conditions or disapprove the application. If preliminary
approval is granted, the applicant shall prepare a final development
plan. Upon approval of the preliminary plan by the Common Council,
a record shall be prepared, including findings of fact, recommendations
of the Plan Commission, City departments and offices, exceptions and
considerations granted, conditions applied and modifications ordered.
K.
Final development plan. A final master development
plan and plat, suitable for recording with the County Register of
Deeds, shall be filed with the City Planner/Zoning Administrator or
compliance officer not later than 180 days (or such additional time
as may be authorized by Common Council from time to time) after approval
of the preliminary plan. The final master development plan and plat
shall conform substantially to the preliminary plan as approved, and,
if desired by the developer, it may be submitted in stages, with each
stage reflecting a portion of the approved preliminary plan which
is proposed to be recorded or developed; provided, however, that such
portion conforms to all requirements of these regulations. The purpose
of the final master development plan and plat is to specifically designate
the land subdivided into conventional lots as well as the division
of other lands, not so treated, into common open areas and building
areas and to designate and limit the specific internal uses of each
building or structure, as well as of the land in general. The final
master plan shall include, but not be limited to:
(1)
An accurate legal description of the entire area under
immediate development within the planned development.
(2)
If subdivided lands are included in the planned development,
a subdivision plat of all subdivided lands in the same form and meeting
all the requirements of a normal subdivision plat shall be required.
(3)
An accurate legal description of each separate unsubdivided
use area, including common open space.
(4)
Designation of the exact location of all buildings
to be constructed and designation of the specific internal use of
each building.
(5)
Certificates, seals and signatures required for the
dedication of land and recording of the document.
(6)
Tabulations on each separate unsubdivided use area,
including land, area, number of buildings and number of dwelling units
per acre.
(7)
A written construction schedule for the entire development.
L.
Review final master development plan and plat. Within
30 days of filing, the City Planner/Zoning Administrator, compliance
officer, City Engineer, Director of Parks and Recreation, Fire Chief,
Chief of Police, Building Inspector and Public Works Superintendent
shall review the final master development plan and the plat and submit
them with any comments to the Plan Commission. The Plan Commission
shall approve or disapprove the final plan and plat at its next regular
meeting and forward this action to the Common Council. The Common
Council may accept or deny the findings of the Plan Commission and
thereby approve or disapprove the final master development plan and
plat. If the final master development plan and plat is approved, the
PRD conditional use permit shall be approved and final approval granted
to the project.
M.
Common open space documents. All common open space,
at the election of the City, shall be either set aside as common land
for the sole benefit, use and enjoyment of present and future lot
owners or homeowners within the development and their guests or shall
be dedicated to the City as park land for the use of the general public
or shall be subjected to perpetual scenic and open space easement
in favor of the City. The Plan Commission shall determine which of
these options is more appropriate and shall recommend to the Common
Council one of the following procedures:
(1)
The open space land shall be conveyed by the tract
owner or owners to a homeowners' association or other similar nonprofit
organization so that fee simple title shall be vested in such organization,
provided that suitable arrangements have been made for maintenance
of said land and any buildings thereon, and provided further that
an open space easement for said land shall be conveyed to the City
to assure that open space land shall remain open;
(2)
The open space land shall be dedicated to the general
public for park or recreational purposes by the tract owner or owners.
Where this option is determined to be in the best interest of the
City, the owner shall not be compelled to improve the natural condition
of said open space lands; or
(3)
The City shall be conveyed a perpetual scenic and
open space easement in and to the open space land for the purpose
of assuring the retention of the open space as open space and scenic
surroundings. Where this option is determined to be in the best interest
of the City, the owner shall be compelled to maintain the open space
in compliance with the ordinances of the City then and thereafter
enacted. Such easement shall also establish enforcement procedures
and allow the City to perform obligations of the owner, collect its
costs from the owner, and charge such costs against the open space
land and adjoining property of the owner and collect such costs as
an easement. Such easement shall not grant any right to use the open
space as public park nor any right to the City or the public to make
improvements on or physical use of the open space.
N.
Public facilities and covenants.
(1)
Public facilities. All public facilities and improvements
made necessary as a result of the planned development shall be either
constructed in advance of the approval of the final plan or, at the
election of the City, escrow deposits, irrevocable letters of credit
in a form approved by the City or performance bonds shall be delivered
to guarantee construction of the required improvements.
(2)
Covenants. Final agreements, provisions or covenants
shall govern the use, maintenance and continued protection of the
planned development.
O.
Revisions and/or changes in the planned residential
district. A planned development shall be developed only according
to the approved and recorded final plan and plat and all supporting
data. The recorded final plan and plat and supporting data, together
with all recorded amendments, shall be binding on the applicants,
their successors, grantees and assigns and shall limit and control
the use of premises (including the internal use of buildings and structures)
and location of structures in the planned development as set forth
therein.
(1)
Major changes. Changes which alter the concept or
intent of the planned development, including increases in the density,
change in location and types of nonresidential land uses, increases
in the height of buildings, reduction of proposed open space, more
than a fifteen-percent modification in proportion of housing types,
changes in road standards or alignment, utilities, water, electricity
and drainage or changes in the final governing agreements, provisions
or covenants, may be approved only by submission of a new preliminary
plan and supporting data and following the preliminary approval steps
and subsequent amendment of the final planned development plan.
(2)
Minor changes. The compliance officer may approve
minor changes in the planned development which do not change the concept
or intent of the development without going through the preliminary
approval steps. Minor changes are defined as any change not defined
as a major change.
(3)
Schedule of construction. The Common Council shall
consider the planned development subject to revocation if construction
falls more than one year behind the schedule filed with the final
plan or exceeds five years. The developer shall be notified at least
60 days prior to any revocation hearing. Extension in the building
schedule may be granted by the Common Council.
A.
Any planned development shall require a planned commercial
development conditional use permit.
B.
A planned commercial district is a pre-planned development
of business establishments usually characterized by central management,
integrated architectural design of buildings, integrated landscaping,
joint or common use of parking and other similar facilities and includes
harmonious selection and efficient distribution of business types.
This district may include high-density housing at the option of the
developer. Any commercial district established by the issuance of
a planned commercial development conditional use permit shall be referred
to as a Planned Commercial District PCD-1 or PCD-2, depending on the
existing district uses and standards allowed and subject to the provisions
of this chapter.
C.
Requirements for the establishment of the respective
planned commercial districts.
(1)
Size of district. The planned commercial development
districts shall be divided into subdistricts designated as PCD-1 and
PCD-2:
(a)
PCD-1: predominantly retail commercial space
which is auto-oriented with uses, densities and dimensional requirements
equivalent to those of a B-2 District within this chapter. A PCD-1
site shall not be less than 10 acres.
(b)
PCD-2: predominantly retail commercial space
which is pedestrian-oriented in an established business district with
uses, densities and dimensional requirements equivalent to those of
a B-3 District within this chapter. A PCD-2 site shall not be less
than two acres.
(2)
District limits. For purposes of calculating the minimum
or maximum site areas established by this section, a single planned
commercial district shall lie entirely within the right-of-way lines
of adjacent public streets. Any area designated as being a planned
commercial district and lying on both sides of a public street shall
be deemed to be two planned commercial districts, and all minimum
and maximum requirements shall be met by each such separate district.
(3)
Ownership. In order that the purposes of the planned
commercial district may be achieved, the land and buildings and appurtenant
facilities shall be in single ownership or under the management and
supervision of a central authority or otherwise subject to such supervisory
lease or ownership as may be reasonably necessary to carry out the
provisions of this chapter.
(4)
Integrated design. A planned commercial district development
shall consist of a harmonious selection of uses and grouping of buildings,
services and parking areas, circulation and open spaces and shall
be planned and designed as an integrated unit in such manner as to
constitute a safe, efficient and convenient shopping area.
(5)
Relationship of site to Comprehensive Plan and street
pattern. A proposed planned commercial district development shall
be consistent with the comprehensive land use plan for the City and
shall be so located that it has direct access to a major thoroughfare.
D.
Principal uses permitted. In a planned commercial district, no building or land shall be used and no building shall be erected except for one or more of the following specified uses, unless otherwise provided in this chapter: all principal uses found in B-1, B-2 and B-3 Districts. (See § 255-24.)
E.
Preapplication conference. Prior to filing a formal
application for approval of a planned commercial development, the
developer shall request a preapplication conference with the City
Planner/Zoning Administrator and compliance officer. The purpose of
such a conference is to permit the developer to present a general
concept of his/her proposed development and to evaluate the necessity
for a Wisconsin environmental assessment prior to a request for rezoning
and preparation of detailed plans.
(1)
For this purpose, the presentation shall include,
but not necessarily be limited to, the following:
(a)
Written letter of intent from the developer
establishing his/her intentions as to development of the land.
(b)
Ten-foot contour topographic survey and location
maps.
(c)
Sketch plans with contours and ideas regarding
land use, building size and type and arrangement and mixture of store
uses.
(d)
Tentative proposals regarding utilities, drainage,
street layout and standards.
(2)
The City Planner/Zoning Administrator or compliance
officer shall advise the developer of the zoning requirements and
City plans which might affect the proposed development as well as
the procedural steps necessary for approval.
F.
Procedure for planned commercial district conditional
use permits and subsequent development.
(1)
An application for PCD conditional use permit within any commercial district shall be filed as provided in § 255-76 of this chapter on forms made available by the City.
(3)
The application shall be accompanied by a preliminary
plan prepared by an architect, registered engineer or professional
land planner indicating the following:
(a)
A drawing of the planned commercial development
shall be prepared at a scale of not less than one inch equals 50 feet.
The submission may be composed of one or more sheets, drawings and
text and shall include:
[1]
Map data. Name of development, North point,
scale and date of preparation.
[2]
Boundary lines. Bearings and distances.
[3]
Streets on and adjacent to the tract. Street
name, right-of-way width, existing or proposed center line elevations,
pavement type, walks, curbs, gutter, culverts, etc.
[4]
Utilities on and adjacent to the tract. Location,
size and invert elevation of sanitary and storm sewers; location and
size of water mains; location of gas lines, fire hydrants, electric
and telephone lines and streetlights; and direction and distance to,
and size of, nearest water mains and sewers of such capacity to properly
serve the proposed development.
[5]
Finished grades on the tract. For land that
slopes less than 1/2%, show one-foot contours and show spot elevations
at all breaks in grades, along all drainage channels or swales and
at selected points not more than 100 feet apart in all directions.
For land that slopes more than 1/2%, show two-foot contours. First
floor elevations of each proposed structure shall be shown.
[6]
Subsurface conditions on the tract, if required
by the City Engineer. Location and results of tests made to ascertain
subsurface soil, rock and groundwater conditions and depth to groundwater,
unless test pits are dry at a depth of five feet.
[7]
Zoning on and adjacent to the tract.
[8]
Title and certificates. Present tract designation
according to official records in offices of the County Register of
Deeds and title under which the proposed development is to be recorded,
with names and addresses of owners, and notation stating acreage.
[9]
Names. The names and addresses of the persons
to whom notices of hearings hereunder may be sent, including the developer,
the designer of the development and the owners of the land immediately
adjoining the land or within 500 feet of the land to be developed
and platted.
[10]
Location. General exterior dimensions and approximate
gross floor areas of all proposed buildings.
[11]
Type of each use proposed to occupy each building
and the approximate amount of building floor area devoted to each
separate use.
[12]
The proposed location, arrangement and number
of automobile parking stalls.
[13]
The proposed location, arrangement and general
dimensions of all truck loading facilities.
[14]
The location and dimensions of all vehicular
entrances, exits and driveways and their relationship to all existing
or proposed public streets.
(b)
Preliminary facilities plans, including roads,
including classifications, width of right-of-way, width of pavement
and construction details; sidewalks; sanitary sewers; water supply
system; underground lighting program; and a general landscape planting
plan.
(c)
Character. Explanation of the character of the
planned development and the reasons why it has been planned to take
advantage of the flexibility of these regulations.
(d)
Ownership. Statement of present and proposed
ownership of all land within the project.
(e)
Schedule. Development schedule indicating stages
in which the project will be built, with an emphasis on area, density,
use and public facilities. Overall design of each stage shall be shown
on the plan and through supporting graphic material. Approximate dates
for beginning and completion of each stage shall be shown.
(f)
Covenants. Proposed agreements, provisions or
covenants which will govern the use, maintenance and continued protection
of the planned development and any of its common spaces.
(4)
Market analysis. The applicant, when specifically
requested to do so by the Plan Commission, shall submit a market analysis
suitable for the size planned commercial district proposed, showing
the need for a commercial district in the location requested and the
probability of the proposed district being sufficiently successful
to avoid its becoming a community or neighborhood liability and thereby
detrimental to the welfare of other persons and property. For these
purposes, the market analysis shall contain the following:
(a)
Determination of the trade area for the proposal.
(b)
Present and prospective trade area population.
(c)
Effective buying power of the trade area.
(d)
Net disposable income of the trade area's customers.
(e)
Determination of the net leasable sales area
currently available, the prospects for the trade area future leasable
area and the justifiable leasable area within the proposed development.
(5)
The City property tax revenue generated from the project
at current tax rates.
(6)
The expected employment of the center and expected
wages.
(7)
The estimated (from past experience of developer)
amount of police and fire service in additional manpower hours that
will be required to serve the center.
(8)
Development experience. The developer shall submit
information of personal experience in real estate development to include
all corporations now or formerly in existence in which the developer
exercised substantial control. If the developer has not had any previous
experience in real estate development, he shall submit such evidence
as is necessary to demonstrate his competence to undertake the proposed
development.
(9)
Financial capability. The developer shall submit certified
evidence of present financial position to include existing or proposed
credit sources for land acquisition, construction and permanent financing.
No developer shall be approved unless it can be shown that he possesses
or has the ability to acquire sufficient funds for the development
of the site.
G.
Review. Within 30 days of filing, the Planner/Zoning Administrator, City Engineer, Director of Parks and Recreation, Fire Chief, Chief of Police and the Public Works Superintendent shall review the application and submit it with appropriate comments to the Plan Commission. The Plan Commission shall schedule and conduct a public hearing utilizing the procedure set forth in § 255-76.
(1)
At the next regularly scheduled Plan Commission meeting
after the public hearing, the Plan Commission shall compose and forward
a written recommendation to the Common Council which advises approval,
approval with conditions or denial of the preliminary development
plans. The Common Council shall review the recommendations of the
Plan Commission and City departments and offices at its next regularly
scheduled meeting and may approve, approve with conditions or disapprove
the application. If preliminary approval is granted by the Council,
the applicant shall prepare a final development plan.
(2)
Upon approval of the preliminary plan by Common Council,
a record shall be prepared, including findings of fact, recommendations
of the Plan Commission, City departments and offices, exceptions and
considerations granted, conditions applied and modifications ordered.
H.
Final development plan. A final master development
plan and plat, suitable for recording with the County Register of
Deeds, shall be filed with the City Planner/Zoning Administrator or
compliance officer not later than 180 days (or such additional time
as may be authorized by Common Council from time to time) after approval
of the preliminary plan. The final master development plan and plat
shall conform substantially to the preliminary plan as approved, and,
if desired by the developer, it may be submitted in stages, with each
stage reflecting a portion of the approved preliminary plan which
is proposed to be recorded and developed; provided, however, that
such portion conforms to all requirements of these regulations. The
final plan shall include but not be limited to:
(1)
An accurate legal description of the entire area under
immediate development within the planned development.
(2)
If subdivided lands are included in the planned development,
a subdivision plat of all subdivided lands in the same form and meeting
all the requirements of a normal subdivision plat.
(3)
An accurate legal description of each separate unsubdivided
use area, including common open space.
(4)
Designation of the exact location of all buildings
to be constructed and designation of the specific internal uses to
which each building shall be put.
(5)
Certificates, seals and signatures required for the
dedication of land and recording of the document.
(6)
A written construction schedule for the entire development.
I.
Review of final master development plan and plat for
a planned commercial development (PCD) district. Within 30 days of
filing, the City Planner/Zoning Administrator, compliance officer,
City Engineer, Director of Parks and Recreation, Fire Chief, Chief
of Police, Building Inspector and Public Works Superintendent shall
review the final master development plan and plat and submit it with
comments to the Plan Commission. The Plan Commission shall approve
or disapprove the final plan and plat at its next regular meeting
and forward this action to the Common Council. The Common Council
may accept or deny the findings of the Plan Commission and thereby
approve or disapprove the final master development plan and plat.
If the final development plan and plat is approved, the PCD conditional
use permit project shall be granted final approval.
J.
Public facilities and covenants.
(1)
Public facilities. All public facilities and improvements
made necessary as a result of the planned development shall be either
constructed in advance of the approval of the final plan or, at the
election of the City, escrow deposits, irrevocable letters of credit
in a form approved by the City or performance bonds shall be delivered
to guarantee construction of the required improvements.
(2)
Covenants. Final agreements, provisions or covenants
shall govern the use, maintenance and continued protection of the
planned development.
K.
Revisions and/or changes in the planned commercial
district (PCD). A planned development shall be developed only according
to the approved and recorded final plan and plat and all supporting
data. The recorded final plan and plat supporting data, together with
all recorded amendments, shall be binding on the applicants, their
successors, grantees and assigns and shall limit and control the use
of premises (including the internal use of buildings and structures)
and location of structures in the planned development as set forth
therein.
(1)
Major changes. Changes which alter the concept or
intent of the planned development, including increases in density,
change in location and types of commercial land uses, increases in
the height of buildings, reduction of proposed parking, changes in
road standards or alignment, utilities, water, electricity and drainage
or changes in the final governing agreements, provisions or covenants,
may be approved only by submission of a new preliminary plan and supporting
data and following the preliminary approval steps and subsequent amendment
of the final planned development plan.
(2)
Minor changes. The City Planner/Zoning Administrator
or compliance officer may approve minor changes in the planned development
which do not change the concept or intent of the development without
going through the preliminary approval steps. Minor changes are defined
as any change not defined as a major change.
(3)
Schedule of construction. The Common Council shall
consider the planned development subject to revocation if construction
falls more than one year behind the schedule filed with the final
plan or exceeds five years. The developer shall be notified at least
60 days prior to any revocation hearing. Extension in the building
schedule may be granted by the Common Council.
A.
The intent of establishing a planned industrial development
district is to provide regulations, controls and standards for the
orderly development and maintenance of permitted uses therein which
will be complementary to and compatible with adjacent residential
and commercial districts. This zoning also ensures to the owners and
occupants exemplary standards in selected areas by reason of surroundings,
transportation facilities and other factors.
B.
Boundaries of the planned industrial development district.
The boundaries of the planned industrial district shall include the
lands as shown on the Official Zoning Map of the City. Planned industrial
developments may also be allowed in I-1 and I-2 Districts, subject
to a conditional use permit, a public hearing and approval of the
Common Council.
C.
Principal uses permitted in the planned industrial development district. In a planned industrial district, no building or land shall be used and no building shall be erected, except for one or more of the specified uses permitted by this chapter in § 255-24.
D.
Principal uses permitted subject to special conditions in the planned industrial district. The following uses shall be permitted if, in the opinion of the Plan Commission, they are required for the orderly development of the planned industrial district: all principal uses permitted or allowed by conditional use permit in § 255-24 within the industrial districts.
E.
Preapplication conference. Prior to filing a formal
application for approval of a planned industrial development, the
developer shall request a preapplication conference with the City
Planner/Zoning Administrator or compliance officer. The purpose of
such a conference is to permit the developer to present a general
concept of his proposed development and to evaluate the necessity
for a Wisconsin environmental assessment prior to a request for rezoning
and preparation of detailed plans.
(1)
For this purpose, the presentation shall include,
but not be limited to, the following:
(a)
Written letter of intent from the developer
establishing his intentions as to development of the land.
(b)
Ten-foot contour topographic survey and location
maps.
(c)
Sketch plans with contours and ideas regarding
land use, building size and type and arrangement and mixture of industrial
uses.
(d)
Tentative proposals regarding utilities, drainage,
street layout and standards.
(2)
The City Planner/Zoning Administrator shall advise
the developer of the zoning requirements and City plans which might
affect the proposed development as well as the procedural steps for
approval.
F.
Procedure for planned industrial district zoning and
subsequent development.
(1)
An application for planned industrial district (PID) conditional use permits within any industrial district shall be filed as provided in § 255-76 of this chapter. Forms will be made available by the City.
(3)
The application shall be accompanied by a preliminary
plan prepared by an architect, registered engineer, land surveyor
or land planner indicating the following:
(a)
A drawing of the planned industrial development
shall be prepared at a scale not less than one inch equals 50 feet.
The submission may be composed of one or more sheets, drawings and
text and shall include:
[1]
Map data. Name of development, North point,
scale and date of preparation.
[2]
Boundary lines. Bearings and distances.
[3]
Easements. Location, width and purpose.
[4]
Streets on and adjacent to the tract. Street
name, right-of-way width, existing or proposed center line elevations,
pavement type, walks, curbs, gutter, culverts, etc.
[5]
Utilities on and adjacent to the tract. Location,
size and invert elevation of sanitary and storm sewers; location and
size of water mains; location of gas lines, fire hydrants, electric
and telephone lines, cable television lines and streetlights; and
direction and distance to, and size of, nearest water mains and sewers
adjacent to the tract showing invert elevation of sewers.
[6]
Ground elevations on the tract. For land that
slopes less than 1/2%, show one-foot contours and show spot elevations
at all breaks in grades, along all drainage channels or swales and
at selected points not more than 100 feet apart in all directions.
For land that slopes more than 1/2%, show two-foot contours.
[7]
Subsurface conditions on the tract, if required
by the City Engineer. Location and results of tests made to ascertain
subsurface soil, rock, and groundwater conditions and depth to groundwater,
unless test pits are dry at a depth of five feet.
[8]
Zoning on and adjacent to the tract.
[9]
Title and certificates. Present tract designation
according to official records in offices of the County Register of
Deeds and title under which the proposed development is to be recorded,
with names and addresses of owners, and notation stating acreage.
[10]
Names. The names and addresses of the persons
to whom notices of hearings hereunder may be sent, including the developer,
the designer of the development and the owners of the land immediately
adjoining the land or within 500 feet of the land to be developed
and platted.
[11]
Location. General exterior dimensions and approximate
gross floor areas of all proposed buildings.
[12]
Type of each use proposed to occupy each building
and the approximate amount of building floor area devoted to each
separate use.
[13]
The proposed location, arrangement and number
of automobile parking stalls.
[14]
The location and dimensions of all vehicular
entrances, exits and driveways and their relationship to all existing
or proposed public streets.
(b)
Facilities plans. Preliminary plans for roads,
including classifications, width of right-of-way, width of pavement
and construction details; sidewalks; sanitary sewers; storm drainage;
water supply system; underground lighting program; a general landscape
planting plan; railroad, barge or other heavy industry transportation
facilities and networks; and exterior raw material storage areas.
(c)
Character. Explanation of the character of the
planned development and the reasons why it has been planned to take
advantage of the flexibility of these regulations.
(d)
Ownership. Statement of present and proposed
ownership of all land within the project.
(e)
Schedule. Development schedule indicating stages
in which project will be built, with emphasis on area, density, use
and public facilities. Overall design of each stage shall be shown
on the plan and through supporting graphic material. Approximate dates
for beginning and completion of each stage shall be shown.
(f)
Covenants. Proposed agreements, provisions or
covenants which will govern the use, maintenance and continued protection
of the planned development and any of its common spaces.
(g)
Development experience. The developer shall
submit information of personal experience in real estate development,
to include all corporations now or formerly in existence in which
the developer exercised substantial control. If the developer has
not had any previous experience in real estate development, he shall
submit such evidence as is necessary to demonstrate his competence
to undertake the proposed development.
(h)
Financial capability. The developer shall submit
certified evidence of present financial position, to include existing
or proposed credit sources for land acquisition, construction and
permanent financing. No developer shall be approved unless it can
be shown that he possesses or has the ability to acquire sufficient
funds for the development of the site.
(i)
The City property tax revenue generated from
the project at current tax rates.
(j)
The expected employment of the center and the
expected range of wages and total wage package.
(k)
The estimated (from past experience of developer)
amount of police and fire service in additional manpower hours that
will be required to serve the center.
G.
Review of planned industrial district (PID). Within 30 days of filing, the Planner/Zoning Administrator, City Engineer, Director of Parks and Recreation, Fire Chief, Chief of Police, Building Inspector and Public Works Superintendent shall review the application and submit it with comments to the City Plan Commission. The Plan Commission shall schedule and conduct a public hearing utilizing the procedure set forth in § 255-76 of this chapter.
(1)
At the next regularly scheduled Plan Commission meeting
after the public hearing, the Plan Commission shall compose and forward
a written recommendation to the Common Council which advises approval,
approval with condition or denial of the preliminary development plans.
The Common Council shall review the recommendations of the Plan Commission
and City departments and offices at its next regularly scheduled meeting
and may approve, approve with conditions or disapprove the application.
If preliminary approval is granted by the Common Council, the applicant
may begin preparation of a final development plan.
(2)
Upon approval of the preliminary plan by the Common
Council, a record shall be prepared, including the findings of fact,
recommendations of the Plan Commission, City departments and offices,
exceptions granted, conditions applied and modifications ordered by
the Common Council.
H.
[1]Final development plan. A final master development plan
and plat, suitable for recording with the County Register of Deeds,
shall be filed with the City Planner/Zoning Administrator or compliance
officer not later than 180 days (or such additional time as may be
authorized by Common Council from time to time) after approval of
the preliminary plan. The final master development plan and plat shall
conform substantially to the preliminary plan as approved, and, if
desired by the developer, it may be submitted in stages, with each
stage reflecting a portion of the approved preliminary plan which
is proposed to be recorded and developed; provided, however, that
such portion conforms to all requirements of these regulations. The
final plan shall include but not be limited to:
(1)
An accurate legal description of the entire area under
immediate development within the planned development.
(2)
If subdivided lands are included in the planned development,
a subdivision plat of all subdivided lands in the same form and meeting
all the requirements of a normal subdivision plat.
(3)
An accurate legal description of each separate unsubdivided
use area, including common open space.
(4)
Designation of the exact location of all buildings
to be constructed and designation of the specific internal uses to
which each building shall be put.
(5)
Certificates, seals and signatures required for the
dedication of land and recording of the document.
(6)
A written construction schedule for the entire development.
I.
Review of final master development plan and plat for
a planned industrial development (PID) district. Within 30 days of
filing, the City Planner/Zoning Administrator, compliance officer,
City Engineer, Director of Parks and Recreation, Fire Chief, Chief
of Police, Building Inspector and Public Works Superintendent shall
review the final master development plan and plat and submit it with
comments to the Plan Commission. The Plan Commission shall approve
or disapprove the final plan and plat at its next regular meeting
and forward this action to the Common Council. The Common Council
may accept or deny the findings of the Plan Commission and thereby
approve or disapprove the final master development plan and plat.
If the final development plan and plat is approved, the PID conditional
use permit project shall be granted final approval.
[Added 5-1-2000 by Ord. No. 9-00]
J.
Public facilities and covenants.
[Added 5-1-2000 by Ord. No. 9-00]
(1)
Public facilities. All public facilities and improvements
made necessary as a result of the planned development shall be either
constructed in advance of the approval of the final plan or, at the
election of the City, escrow deposits, irrevocable letters of credit
in a form approved by the City or performance bonds shall be delivered
to guarantee construction of the required improvements.
(2)
Covenants. Final agreements, provisions or covenants
shall govern the use, maintenance and continued protection of the
planned development.
K.
Revisions and/or changes in the planned industrial
district (PID). A planned development shall be developed only according
to the approved and recorded final plan and plat and all supporting
data. The recorded final plan and plat supporting data, together with
all recorded amendments, shall be binding on the applicants, their
successors, grantees and assigns and shall limit and control the use
of premises (including the internal use of buildings and structures)
and location of structures in the planned development as set forth
therein.
[Added 5-1-2000 by Ord. No. 9-00]
(1)
Major changes. Changes which alter the concept or
intent of the planned development, including increases in density,
change in location and types of commercial land uses, increases in
the height of buildings, reduction of proposed parking, changes in
road standards or alignment, utilities, water, electricity and drainage
or changes in the final governing agreements, provisions or covenants,
may be approved only by submission of a new preliminary plan and supporting
data and following the preliminary approval steps and subsequent amendment
of the final planned development plan.
(2)
Minor changes. The City Planner/Zoning Administrator
or compliance officer may approve minor changes in the planned development
which do not change the concept or intent of the development without
going through the preliminary approval steps. Minor changes are defined
as any change not defined as a major change.
(3)
Schedule of construction. The Common Council shall
consider the planned development subject to revocation if construction
falls more than one year behind the schedule filed with the final
plan or exceeds five years. The developer shall be notified at least
60 days prior to any revocation hearing. Extension in the building
schedule may be granted by the Common Council.
[Added 7-16-2007 by Ord. No. 9-07; amended6-17-2024 by Ord. No. 11-23 ]
A.
The purpose of this district is to blend the physical and functional
aspects of multiple uses such as residential, commercial, cultural,
institutional, and entertainment, into spaces with strong pedestrian
connections; preserve and restore unique and historic buildings; ensure
the coordinated design of new buildings and changes to existing buildings;
minimize adverse impacts on adjacent properties and aid in improving
the overall economic viability of the district all while retaining
the characteristics of a Rivertown Management Zone as defined in Ch.
NR 118.04, Wis. Adm. Code.
B.
The purpose will be achieved by controlling the site design and appearance
of development consistent with the Downtown Visioning Guidelines for
Policy & Design Quality, March 19, 2007, the recommendations of
the City of Hudson Comprehensive Plan and the regulations of this
chapter. Copies of the Visioning Guidelines and the Comprehensive
Plan are available for inspection in the Community Development Department
office.
[Added 7-16-2007 by Ord. No. 9-07; amended 6-17-2024 by Ord. No. 11-23]
The regulations of this chapter shall apply to all properties
within the boundaries of the Downtown Overlay District as shown on
the City of Hudson Zoning Map which is incorporated by reference and
is available for inspection in the Community Development Department
office or online at www.hudsonwi.gov.
B.
Restrictions and controls of land uses or activities permitted in the Downtown Overlay District are based upon what the underlying zoning district are listed in Schedule A, 255 Attachment 1, of the City of Hudson Zoning Code. Regulations for lot size, yards and similar bulk requirements are listed in 255 Attachment 2 of the City of Hudson Zoning Code. All schedules are hereby adopted and made part of these §§ 255-17.1 through 255-17.7. A land use or activity not listed in Chapter 255 of the City of Hudson Zoning Code is thereby not a permitted use in the Downtown Overlay District, except that uses and activities which are similar to those listed in Schedule A, 255 Attachment 1, of the City of Hudson Zoning Code may, with Plan Commission and Common Council approval, be permitted.
[Added 7-16-2007 by Ord. No. 9-07; amended 6-17-2024 by Ord. No. 11-23]
The following are considered major alterations and require a
downtown certificate of design review:
[Added 7-16-2007 by Ord. No. 9-07; amended 6-17-2024 by Ord. No. 11-23]
The following minor alterations routine maintenance activities
to an existing structure do not require a downtown certificate of
design review, and can be administratively approved:
A.
Replacement of windows or doors matching the color and architectural
style of the building.
B.
Renovation of the exterior appearance of a building such as repainting,
reroofing, re-siding, or replacing with identical colors and materials
previously approved.
C.
Replacement or reconstruction of a building, structure, or awning
accidentally damaged or destroyed and which was previously approved.
D.
Interior remodeling.
[Added 7-16-2007 by Ord. No. 9-07; amended 6-17-2024 by Ord. No. 11-23]
The following process shall be used for new development or redevelopment
projects located within the Downtown Overlay District:
A.
Prior to commencing any major alteration, the applicant should contact
the Community Development Department to explain the proposal, ask
and answer questions, and gain an understanding of the Downtown Overlay
District and the downtown certificate of design review process. A
downtown certificate of design review form shall be available from
the office of the Community Development Department.
B.
In addition to Architectural Review Standards found in § 255-17.6 the applicant shall submit the following:
(1)
A narrative which shall include, but not be limited to, a timeline/schedule,
a description of the proposed alteration/repair processes and a description
of how the proposal and proposed use(s), intend to meet the purpose
of this chapter such as but not limited to:
(a)
How the physical and functional aspects of the proposal will
be integrated into the unique and, where appropriate, historic characteristics
of the building in question or downtown area.
(b)
Description of the impact the proposal will have on adjacent
properties and to the general design theme of the downtown.
(c)
Description of the proposal's contributions to the overall
economic viability of the district.
(d)
How the proposal contributes to a positive pedestrian experience.
(2)
Front and side building elevations to scale, depicting the scope
and scale of the proposed alteration/repair.
(3)
A clear depiction of the existing appearance of the project.
Color photographs are recommended, including photographs of adjoining
and nearby properties.
(4)
A color rendering showing the proposed appearance of the project.
(5)
Samples of finish materials such as siding, brick type, roof
shingles, paint chips, doors and windows, ornamentation, and other
exterior materials and color pallets.
(6)
Site plan to scale (when appropriate) depicting the footprint
of existing and proposed buildings, parking layout, and landscaping.
(7)
Details of exterior lighting.
(8)
Other information City staff or the Plan Commission may deem
necessary to review the application.
[Added 7-16-2007 by Ord. No. 9-07; amended 6-17-2024 by Ord. No. 11-23]
A.
To demonstrate an understanding of, and compatibility with the Downtown
Overlay District, the applicant shall provide documentation (scaled
drawings, sketches, narrative descriptions etc.) as to how the following
Architectural Standards (Standards) apply to the applicant's
proposal.
(1)
The following Standards may not apply to every downtown certificate
of design review application therefor:
(a)
If the applicant finds that one or more of the Standard(s) do
not apply to the proposal at hand, the applicant shall address such
Standard(s) as "not applicable" and shall provide an explanation as
to why such Standard(s) are not applicable.
[1]
If the Plan Commission finds or agrees that such
Standard(s) are not applicable, the Plan Commission may waive compliance;
[2]
If the Plan Commission finds that such Standard(s)
are not applicable because strict compliance with the Standard(s)
cannot be achieved, such Standard(s) may be modified to the degree
necessary to constitute compliance. (Example; The applicant provides
documentation that only 40% of the facade could be window and door
openings instead of the minimum 60% requirement. The Plan Commission
agrees and reduces the Standard to 40% to constitute compliance.)
B.
Design elements. New design elements should be compatible with existing
buildings in the Central Business District and to the general design
theme of the downtown.
(1)
The proposal should match or complement buildings in the downtown
historic district, and adjacent and nearby structures when nearby
structures are compatible with the downtown theme.
(a)
Photographs, sketches, or color renderings are recommended,
to depict the project area, and adjoining and nearby properties.
(2)
The visual architectural continuity of existing and proposed
roofs and contributing elements (parapet walls, cornices, etc.) should
be maintained.
(3)
The vertical pattern of exterior building elements should be
compatible with existing buildings in the Central Business District
and to the general design theme of the downtown area.
(4)
The horizontal pattern of exterior building elements formed
by patterns of windows and doors should be spaced at regular intervals
across all visible facades of the proposal and should be compatible
with existing buildings in the Central Business District and to the
general design theme of the downtown.
C.
Unity and theme. Unity and theme pertain to a consistent architectural
style that is compatible with the general design theme of the downtown.
This is especially applicable to multiple building developments.
D.
Color and building materials. Color and building materials apply
to a building exterior that is generally visible from a public street
and/or alley. Samples of finish materials such as siding, brick type,
roof shingles, paint chips should be submitted for the following (as
applicable).
(1)
Building color should be nonreflective and relate to adjacent
properties and to the general theme of the downtown area.
(2)
Primary exterior building materials should be similar and/or
complementary to existing structures within the immediate area and
to the general theme of the downtown area. Building materials should
consider the facades of the proposed structure and adjoining structures
to provide a suitable transition between facades. Where a side and/or
rear elevation is not exposed to view from a public street, a combination
of primary and secondary materials may be used.
(a)
Secondary materials should be similar in color, shape, and appearance
to the primary materials but the aesthetic and/or finished qualities
of the primary materials are not required.
(3)
Acceptable building materials include, but are not limited to,
glass, brick, ceramic tile, terra cotta, cultured stone, cut stone,
carved stone, stucco, wood, and decorative concrete block.
(a)
Stone or brick facing shall be of relatively even coloration
and consistent in size.
(b)
The use of nondecorative exposed concrete block, pre-engineered
metal building systems, and sheet metal is discouraged but may be
allowed with Plan Commission approval.
(c)
The use of plywood or oriented strand board (OSB) or similar
materials is prohibited.
(d)
Metal roofs, decorative metal and metal accent components are
discouraged but may be allowed with Plan Commission approval.
(e)
Other building materials may be allowed with Plan Commission
approval when compatible to adjacent properties and to the general
theme of the downtown area.
(4)
The traditional storefront design theme, characterized by strong
horizontal and vertical rhythms formed by building openings, columns,
cornices, kick plates, sign bands, large display windows and transom
windows, shall be employed, when practical.
(5)
Building facades should not be cluttered with brackets, wiring,
meter boxes, antennas, gutters, downspouts, and other appurtenances.
(6)
Clear or slightly tinted glass should be used. Mirror glass,
smoked glass or heavily tinted glass is not permitted.
(7)
When facade changes are made, hidden architectural elements
and original materials should be restored or replaced, when practical,
to match or to be consistent with the architecture of adjacent and
nearby buildings.
E.
Building widths and facades. Buildings greater than 100 feet in width
shall be divided into smaller increments of between 45 feet and 85
feet through articulation of the facade.
(1)
This can be achieved through combinations of the following techniques
or, with Plan Commission approval, other similar techniques:
(a)
Stepping back or extending forward a portion of the facade.
(b)
Using different textures or materials. The materials shall be
drawn from a common palette.
(c)
Dividing the storefronts, with separate display windows and
entrances.
(d)
Varying the rooflines by alternating dormers, stepped roofs,
gables or other roof elements.
(e)
Using arcades, awnings, window bays, arched windows, and balconies.
(2)
Windows and doors should be similar in size, proportion and
alignment based on the architectural style of the building.
(a)
Original door and window openings and accenting features shall
be maintained where practical.
(b)
Windows shall establish visibility and transparency along the
street.
[1]
A minimum of 60% of the ground-level facade fronting
a public street and a minimum of 30% of the ground level of side and
rear facades shall consist of either windows or door openings that
allow views into and out of the building's interior.
[2]
A minimum of 15% of all upper floors on front,
side and rear facades shall be made transparent through the use of
windows and balcony doorways.
(3)
Replacement windows and doors should, where possible, fit into
the original opening, minimizing the amount of blocking and/or filler
panels. Replacements should match the existing/original in size, shape,
and arrangement of panes.
(4)
Awnings and canopies shall be the same type and style for a
single building or property and utilize the same mounting characteristics.
(a)
Awnings on a single building shall have a consistent horizontal
alignment across the front of the entire building, unless the slope
of the pedestrian walk, or ground requires a horizontal stagger.
(b)
Awning/canopy size, color and placement should complement the
architectural character of the building.
(c)
Soft, weather-treated canvas or vinyl materials which allow
for flexible or fixed installations shall be used. Wood and plastic
awnings are prohibited.
(d)
Metal awnings fitting the context of adjacent buildings, which
are properly treated and maintained to prevent rusting, may be allowed
with Plan Commission approval.
(e)
Internally illuminated awnings are prohibited.
(5)
Rear facades shall be lit and signed to clearly identify the
entrance.
F.
Metering and mechanicals. All metering and mechanicals such as but
not limited to transformers, gas and electric meters, rooftop units,
utility service boxes, cables, conduits, vents, turbines, flues, chillers
and fans, telecommunication devices, and trash/recycling storage receptacles
shall be screened from public view, except when state statutes or
other regulations require otherwise, by incorporating the following
design standards:
(1)
Locate mechanical equipment and service areas at the rear of
the building along an alley facade or on the building rooftop.
(2)
Screen mechanical equipment and service areas using architectural
screen walls, screening devices and/or landscaping.
(3)
Mechanical equipment located on a building rooftop shall be
set back from the building edge a sufficient distance to screen the
equipment from view of adjacent streets.
G.
Parking.
(2)
Off-street parking may be provided on a proximate property within
200 feet of the proposal if an agreement is on file with the City
and there is conformance with all requirements of this chapter.
(3)
Parking lot layout. Off-street parking shall be located to the
side or rear of buildings, not at intersections or between a building
and the street.
(4)
Landscaping and screening. Refer to §§ 255-17.6H(1) and 255-34.
H.
Outdoor space and landscaping.
(1)
Landscaping and screening.
(a)
Rows of parking shall be broken every 10 spaces by a landscape
median a minimum of seven feet in width. Parking lots shall provide
a minimum of one indigenous shade tree per median.
(b)
In addition to Subsection H(1)(a) of this section, shrubs and ground cover shall comprise the remainder of the required parking lot landscape breaks; and no individual required landscape break shall be devoid of shrubs or ground cover.
(c)
Parking lots shall be separated from the street or sidewalk
by a landscaped buffer strip. The buffer shall be a minimum of five
feet in width, containing one two-and-one-half-caliper overstory tree
per 60 linear feet of parking lot frontage. A combination of deciduous
and coniferous shrubs and decorative wall or fence made of wood, brick
or ornamental iron railing is considered to create an effective screen
of a parking lot.
(d)
Landscaping or screening with a fence or wall shall be required
along street edges that abut arterial streets and along property lines
that abut residential land uses.
(2)
Outdoor space.
(a)
Outdoor seating areas shall not block storefront entrances or
inhibit access for the pedestrian or physically disabled.
(b)
Outdoor seating placed within the right-of-way or public open
space shall require a certificate of compliance. The certificate of
compliance application shall be available from the office of the Community
Development Department. Complete applications shall be submitted to
the Zoning Administrator and shall contain the following:
[1]
A nonrefundable application fee(s) in accordance
with the City of Hudson Fee Schedule, adopted by resolution and as
amended from time to time. The fee schedule is on file with the City
Clerk.
[2]
Samples of the color and style of the proposed
outdoor furniture and accessories such as tables, chairs, benches,
umbrellas, planters, railings, fencing etc. Samples should include
paint chips, fabric swatches, photographs, catalog specification sheets
or other means to describe such item(s)
[3]
Colors shall be nonreflective and relate to adjacent
properties and to the general theme of the downtown area.
(c)
Outdoor storage, service or loading areas facing adjacent residential
uses or a public street, alley or walkway shall be screened from view
by masonry walls or plant material at least five feet in height. Dumpsters
shall be screened by a wood fence or masonry wall at least five feet
in height. Screen walls and fences shall be architecturally compatible
with the primary structure.
I.
Loading docks and loading doors. Loading docks and loading doors
shall be located to the side or rear.
J.
Signs. All signs in the Downtown Design District are regulated and
are allowed only by sign permit. Permit fees for new or replacement
signs shall be in accordance with the current fee schedule on file
with the City Clerk.
(1)
Sign plan. A sign plan for the entire building must be provided
with the application for a sign permit.
(2)
Materials. Sign materials shall be consistent or compatible
with the original construction materials and architectural style of
the building facade on which they are to be displayed.
(a)
Natural materials such as wood and metal shall be permitted.
(b)
Lighted signs shall;
[1]
Be aimed and focused to illuminate only the face
of the sign.
[2]
Be aimed, focused and where applicable fitted with
cutoffs to eliminate glare to pedestrians and motorists.
[3]
High-intensity signs such as neon, LED, and fluorescent,
are discouraged but may be allowed with Plan Commission approval.
(3)
Position. Wall, projecting or overhanging signs shall be positioned
so as to create an integral design feature of the building to complement
and enhance the building's architectural features. Signs shall
not obscure or destroy architectural details such as stone arches,
glass transom panels or decorative brickwork.
(4)
Awning and canopy signs. Awning and canopy signs in the Downtown
Overlay District shall meet the following requirements:
(a)
Area. The surface area of an awning or canopy sign shall not
exceed 10% of the gross surface area of any face of the awning or
canopy to which the sign is affixed.
(b)
Location. A sign may be affixed to or located upon any awning,
canopy or marquee.
(c)
Height. An awning or canopy sign shall not project higher than
17 feet nor less than seven feet as measured from the base of the
building wall to which the sign is affixed.
(d)
No canopy or awning shall be less than seven feet above the
level of the sidewalk or ground.
(5)
Directional signs. Directional signs limited in area to four
square feet shall be permitted and not included in any computation
of sign area, to consist of one per entrance not to exceed 2 1/2
feet in height nor located within five feet of any street right-of-way
line.
(6)
Portable signs.
(a)
One portable sign shall be allowed per business in addition
to the total building signage.
(b)
Portable signs shall not exceed three feet in height and 2 1/2
feet in width.
(c)
Portable signs, if located in the right-of-way, shall be placed
directly adjacent to the building and only if there are five continuous
feet of sidewalk clear for pedestrian movement.
(d)
Portable signs shall not be considered temporary signs.
(7)
Flags. Flags that function as signs shall be considered as part
of the total signage area for a building except that the following
flags will not be considered signage: United States of America, State
of Wisconsin, P.O.W., and M.I.A.
(8)
Banner signs. A permit shall be obtained prior to a banner sign
being used or erected.
(9)
Abandonment and maintenance.
(a)
Any sign that is found to be unsafe, unsecured, abandoned, unlawful
or in disrepair shall be repaired or removed by the owner or lessee.
(b)
If the owner or lessee fails to repair or remove the sign, the
City shall give the owner a thirty-day written notice by certified
mail to remove the sign.
(c)
Upon failure to remove the sign within 30 days, the City may
remove the sign and charge the cost of removal to the property owner.
If the property owner fails to pay, the cost shall become a delinquent
special charge under W.S.A. § 66.0627 and shall be collected
along with property taxes under W.S.A. § 66.0627.
(d)
All signs or sign messages shall be removed by the owner or
lessee of the premises upon which a sign is located when the business
it advertises is no longer conducted therein.
(10)
Exemptions:
K.
Setbacks.
(1)
Interior building setbacks. At least 70% of the front facade, where possible, shall meet the established building facade line on the block where it is located. On most downtown blocks, this is the edge of the sidewalk. The remaining 30% of the facade may be set back up to 15 feet to emphasize entries or create outdoor seating and gathering areas. Such front yard areas shall be landscaped as per §§ 255-17.6H(2) and 255-34 and/or hard-surfaced, pedestrian-friendly spaces, with amenities such as benches and planters.
(2)
Corner buildings. Buildings on corner lots shall be oriented to the corner and both public streets. Both street-facing facades shall be built up to the established building facade line on each block for at least 50% of the length of their facades. The remaining 50% of the facade may be set back up to 30 feet to emphasize entries or create outdoor seating and gathering areas. Such front yard areas shall be landscaped as per §§ 255-17.6H(2) and 255-34 and/or hard-surfaced, pedestrian-friendly spaces, with amenities such as benches and planters. Corner entrances are desirable but are not required. Street-facing facades shall maintain similar articulation, detailing and rhythm of window openings.
L.
Exterior architectural design elements.
(1)
Applicants will be required to fill out the Downtown Design
Guideline checklist and include design elements that address at least
50% of the categories within the checklist. If a category is not addressed,
the applicant shall provide a written justification for not including
it as part of the project.
A.
Application review for a major alteration. The Plan Commission shall
review and act on downtown certificate of design review applications
for a major alteration and shall have such other powers and duties
as the Common Council may prescribe from time to time such as but
not limited to:
(1)
Approve, approve with conditions, or deny an application based
upon compliance with the standards of this chapter, the City's
Comprehensive Land Use Plan, and all other City ordinances, rules,
regulations, and Downtown Design Guidelines checklist provided by
City staff.
(2)
The Plan Commission shall act on a certificate of design review
application for a major alteration within 60 days of receiving a complete
application unless the time is extended by mutual agreement with the
applicant.
(a)
At least 10 days prior to the Plan Commission meeting in which
the application will be reviewed, all owners of property that share
a lot line with the subject property (including those where just the
lot corners connect), shall be provided a meeting notice detailing
the date and time of the item's consideration by the Plan Commission.
(b)
From time to time the Plan Commission, at its discretion, may
forward a downtown certificate of design review application along
with any Plan Commission recommendations to the Common Council for
additional review and possible action.
(3)
Failure of the Plan Commission to act within 60 days of the
date of receiving a complete application or within the time as extended
by agreement with the Applicant shall constitute an approval.
B.
C.
Fees.
(1)
All downtown certificate of design review applications shall
be accompanied by a nonrefundable application fee(s) in accordance
with the City of Hudson Fee Schedule, adopted by resolution and as
amended from time to time. Such fee(s) shall be for the purpose of
payment of the administrative costs and services expended by the City
of Hudson for processing such application(s). The current fee schedule
is on file with the City Clerk.
(2)
The Zoning Administrator or Plan Commission may request consultation
with outside resources such as architectural, landscape architectural,
civil engineering or legal expertise for review assistance. Any cost
for such services shall be charged to the applicant.
[1]
Editor's Note: This ordinance also repealed former §§ 255-17.8,
Downtown Overlay District: process; 255-17.9, Downtown Overlay District:
minimum submission requirements; and 255-17.10, Downtown Overlay District:
design review standards, all added 7-16-2007 by Ord. No. 9-07, as
amended, which immediately followed this section.
A.
Permitted uses in the St. Croix River Wild and Scenic
Riverway and Shoreland Protection Overlay District shall be as follows:
as permitted and regulated under the St. Croix River Wild and Scenic
Riverway (NR 118) and Shoreland Protection Overlay District (NR 115).
B.
Accessory uses shall be as follows: as permitted and
regulated under the St. Croix River Wild and Scenic Riverway (NR 118)
and Shoreland Protection Overlay District (NR 115).
[Added 5-17-1999 by Ord. No. 3-99]
Sexually oriented businesses shall be permitted
in the B2, General Business District; I-1, Light Industrial District;
and I-2, General Industrial District upon receipt of a certificate
of compliance and provided that:
A.
The sexually oriented business may not be operated
within:
(1)
Seven hundred fifty feet of a church, chapel,
synagogue or regular place of religious worship.
(2)
Seven hundred fifty feet of a school; public
or private preschool, elementary, middle or high school; or youth
recreational center.
(3)
Seven hundred fifty feet of a licensed day-care
center.
(4)
Seven hundred fifty feet of a public park.
(5)
Seven hundred fifty feet of any residential
district; R-1, One-family Residential District; R-2, Two-family Residential
District; RM-1, RM-2, RM-3, RM-4 Multiple-Family Residential Districts;
R-T, Transitional Two-family Residential District and AR, Agricultural
Residential District.
(6)
Five hundred feet of any licensed bar or tavern.
(7)
Five hundred feet of another sexually oriented
business.
(8)
Seven hundred fifty feet of any residential
district, school, church, youth recreational center, licensed daycare
center, public park, tavern or sexually oriented business located
outside the City.
B.
A sexually oriented business may not be operated in
the same building, structure, or portion thereof, containing another
sexually oriented business.
C.
For the purpose of this section, measurement shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or structure used as a part of the premises where a sexually oriented business is conducted, to the nearest property line or boundary of a property listed in Subsection A.
[Added by Ord. No. 9-98]
A.
Purpose and authority.
(1)
The residents of the City depend on groundwater for
a safe drinking water supply. Certain practices and activities can
seriously threaten or degrade groundwater quality. The purpose of
this section is to institute regulations and restrictions to protect
the City's municipal water supply (wells) and to promote the public
health, safety and general welfare of the residents of the City.
(2)
Statutory authority of the City to enact these regulations
was established by the Wisconsin Legislature in 1983, Wisconsin Act
410 (effective May 11, 1984), which specifically added groundwater
protection to the statutory authorization for municipalities to protect
public health, safety and welfare.[1]
[1]
Editor's Note: See W.S.A. s. 62.23(7)(c).
(3)
Chapter NR 811 of the Wisconsin Administrative Code (Department of Natural Resources), Environmental Protection - Water Supply Regulations, as currently defined in the provisions of Section NR 811.16(4)(d)1 through 6, is adopted by reference and made a part of these rules as if set forth in full. A violation of any such rules shall constitute a violation of this chapter, and any violation of this chapter shall be punishable as provided in § 255-92.
B.
Application of regulations.
(1)
The regulations specified in this section shall apply
only to areas that lie within the wellhead protection zone (WHPZ)
of the municipal wells within the City corporate limits.
(2)
The area that has been determined to be the five-year time of travel
protection area for each municipal well, combined together, shall
be considered the Official Wellhead Protection Zone Map of the City
and is based on information contained within the Wellhead Protection
Area Delineation Report dated October 1994 and shall be inclusive
of all further amendments and updates that are made to the report
and approved by the Wisconsin Department of Natural Resources. The
maps of all protection areas for each municipal well and the Wellhead
Protection Area Delineation Report, with all amendments and updates,
are on file at Hudson City Hall.
[Amended 3-21-2016 by Ord. No. 6-16]
(3)
Where any terms or requirements of this section may
be inconsistent or conflicting, the more restrictive requirements
or interpretations shall apply.
C.
APPROPRIATE GOVERNMENTAL AGENCIES
AQUIFER
CONE OF DEPRESSION
RECHARGE AREA
TIME OF TRAVEL ZONE (TOTZ)
WELL
WELLHEAD PROTECTION ZONE (WHPZ)
Definitions. As used in this section, the following
terms shall have the meanings indicated:
The United States Environmental Protection Agency (USEPA),
Wisconsin Department of Natural Resources (WIDNR), Wisconsin Department
of Commerce, City of Hudson, Public Water Utility Commission and any
federal, state, county, town, City, village and/or any other governmental
jurisdiction that applies concerning the issues of this section, presently
and in the future.
A saturated, permeable geologic formation that contains and
will yield significant quantities of water.
The area around a well in which the water level has been
lowered at least 1/10 of a foot by pumping of the well.
The area in which water reaches the zone of saturation by
surface infiltration and encompasses all areas or features that supply
groundwater recharge to a well.
The recharge area upgradient of a pumping well, the outer
boundaries of which are determined or estimated in the number of years
that groundwater or potential contaminants will take to reach a pumping
well. These areas are identified in the report and on the maps as
one-, five-, ten- and twenty-year TOTZ.
An encased hole to an aquifer used primarily for the purpose
of supplying safe drinking water to private or municipal water supply
systems.
The recharge area upgradient of a pumping well, the outer
boundary of which it is determined or estimated that groundwater and
potential contaminants will take 20 years to reach a pumping well
and/or those areas inside a radius of 1,200 feet of a pumping well.
The outer boundary is identified on the Official WHPZ Map with a solid
black line. The one-, five-, ten- and twenty-year TOTZ and six-hundred-foot
and one-thousand-two-hundred-foot radii are also indicated.
D.
Wellhead protection zone and separation distance requirements.
(1)
Intent. The recharge area to be protected is the area
that lies within the outer boundary of the WHPZ, upgradient from the
municipal wells as shown on the Official WHPZ Map. Management practices
minimizing uses of pesticides, herbicides and fertilizers are strongly
encouraged.
(2)
Permitted uses. The following uses are permitted within the WHPZ, provided that the minimum horizontal separation distance from a municipal well is maintained as outlined in Subsection D(3), Separation distance requirements:
(3)
Separation distance requirements. Areas surrounding
each municipal well shall be subject to the following minimum horizontal
separation distances between a municipal well and the following uses
and facilities:
(b)
Two hundred feet from any:
[1]
Sanitary sewer main not meeting the above specifications
and/or sanitary lift station.
[2]
Petroleum (except liquefied petroleum/propane
gas), storage tank installation of 500 gallons or less that has received
written approval and meets the current requirements of all appropriate
governmental agencies.
(d)
Six hundred feet from any:
[1]
Petroleum (except liquefied petroleum/propane
gas) storage tank installation greater than 500 gallons that has received
written approval and meets the current requirements of all appropriate
governmental agencies.
[2]
Septic and/or holding tank and/or wastewater
soil absorption treatment system receiving less than 8,000 gallons
per day that has received written approval and meets the current requirements
of all appropriate governmental agencies.
(f)
One thousand two hundred feet from any:
[1]
Asphalt products manufacturing (with adequate
containment).
[2]
Recycling facility (with adequate containment).
[3]
Salt and/or de-icing material storage (with
adequate containment), except retail sales quantity containers.
[4]
Coal storage area (with adequate containment).
[5]
Wastewater treatment facility and/or sludge
storage (with adequate containment).
[6]
Bulk fertilizer and/or pesticide/herbicide facilities
(with adequate containment).
[7]
Bulk petroleum storage facility (with adequate
containment).
(4)
Prohibited uses. The following uses are prohibited
uses within the WHPZ. These uses are prohibited based on the high
probability that activities routinely associated with these uses (storage,
use and handling of potential pollutants) could cause groundwater
contamination:
(a)
Petroleum (except liquefied petroleum/propane
gas) storage tank installations without written approval from the
appropriate governmental agencies.
(b)
Classified hazardous or extremely hazardous
substances, as currently defined by the United States Environmental
Protection Agency, 40 CFR Table 302.4 and Part 355, Appendix A, waste
facility and/or material storage facility (except retail sales quantity
containers) and/or production facility.
(c)
Land application of municipal, commercial, industrial
or animal waste.
(d)
Municipal, commercial, industrial or animal
waste lagoon or storage structure.
(e)
Septic and/or holding tank and/or wastewater
soil absorption treatment system receiving 8,000 gallons or more per
day.
(f)
Radioactive waste facility.
(g)
Landfills and/or waste disposal facilities.
(h)
Junkyards and/or auto salvage yards.
(i)
Improperly abandoned well or septic and/or holding
tank.
(j)
Improperly abandoned wastewater soil absorption
treatment system.
(k)
Stockyard and/or feedlot.
(5)
Design standards and requirements. The owner and/or
occupant shall comply with the following standards and requirements,
which apply to all uses within the WHPZ:
(a)
Provide copies of all appropriate governmental
agency approvals and/or certificates and any ongoing environmental
monitoring and/or inspection results to the Public Water Utility Commission.
(b)
As facilities and/or equipment is replaced and/or
upgraded, it shall meet the current requirements and approvals of
all appropriate governmental agencies.
(c)
Have the responsibility of developing and filing,
with the Public Water Utility Commission, a procedure for the immediate
notification of Public Water Utility Commission officials in the event
of an emergency which involves the release of any contaminants that
endanger the WHPZ.
(d)
In the event that any owner and/or occupant
of a facility which causes the release of any contaminants endangering
the WHPZ, the activity causing said release shall immediately cease,
and a cleanup satisfactory to the Public Water Utility Commission
shall occur.
(e)
The owner and/or occupant of a facility which
causes the release of any contaminants shall be responsible for all
costs of cleanup and Public Water Utility Commission consultant fees
at the invoice amount, plus administrative costs for oversight, review
and documentation.
(f)
All petroleum (except liquefied petroleum/propane
gas) storage tanks shall meet the current requirements and approvals
of all appropriate governmental agencies.
(g)
Pesticide, herbicide and fertilizer storage
is permitted at the location of retail sales of these products, provided
that the products are delivered in retail quantity containers and
no repackaging and/or mixing is done on the site.
(h)
All storm drainage shall be approved by the
City Engineer and retained on site or discharged to a municipally
operated storm drainage system. If approved to be retained on site,
storm drainage shall be discharged to settling ponds where it will
percolate through at least four inches of topsoil. Use of dry wells
or other subsurface drains for stormwater drainage is prohibited.
(6)
The owner and/or occupant of facilities whose uses do not meet the minimum separation distances listed in Subsection D(3), Separation distance requirements, or whose uses are listed in Subsection D(4), Prohibited uses, which exist within the WHPZ on the effective date of this section may be allowed by the Public Water Utility Commission to upgrade to promote or enhance groundwater protection, provided that it meets the current requirements and approvals of all appropriate governmental agencies.
A.
Existing lots. A lot or parcel of land in a residential
district which was of record as a separate lot or parcel in the office
of the St. Croix County Register of Deeds on or before the effective
date of this chapter shall be considered an existing lot. Any such
lot or parcel of land which is in a residential district may be used
for single-family detached dwelling purposes, provided that the area,
depth and width thereof are within 60% of the minimum requirements
of this chapter, provided that all setback requirements of this chapter
must be maintained and provided that it can be demonstrated that safe
and adequate central water, sewage treatment and on-site parking are
available to serve such a permanent dwelling.
B.
If in a group of two or more contiguous lots or parcels
of land owned or controlled by the same person one individual lot
or parcel does not meet the width or area requirements of this chapter,
such individual lot or parcel cannot be considered as a separate parcel
of land for purposes of building and development but must be combined
with adjacent lots or parcels under the same ownership so that the
combination of lots or parcels will equal one or more parcels of land
each meeting the lot width and area requirements of this chapter.[1]
C.
Subdivision of lots. Any lot or parcel of land subdivided by any means after the effective date of this chapter for purposes of erecting a structure must be approved as required by Chapter 254, Subdivision of Land.
D.
Lake and river frontage lots. All lots having frontage
on a lake or river shall be subject to the provisions of the City
of Hudson Lake and Shoreland Management or the St. Croix Riverway
Regulations as well as the regulations provided by this chapter.
E.
Lots in floodplain. All lots in a designated floodplain shall be subject to Chapter 253, Floodplain Zoning, as well as the regulations provided by this chapter.
F.
Reduction of required yard or open space prohibited.
No yard shall be reduced in area or dimension so as to make it less
than the minimum required by this chapter, and if the existing yard
is less than the minimum required it shall not be further reduced.
No required yard currently used for a building or dwelling group shall
be used to satisfy minimum lot area requirements for any other lot
or building.
G.
Sloping or erodible building sites. On sites with slopes of greater than 25% or on easily erodible soils as defined by the City of Hudson Soils Maps and compiled by the St. Croix County Soils and Conservation Agent, no structure shall be constructed. (Also see § 255-62.)
H.
Heavily wooded sites. On any lot, except for a home location and driveway, clear-cutting of trees shall require a conditional use permit. In addition, a certificate of compliance shall be required for all cutting of trees on all slopes in excess of 25%. On such slopes, a revegetation plan shall be required prior to issuance of a building permit. (Also see §§ 255-62 and 255-67.)
I.
Minimum area requirements for lots without public
sanitary sewer. In all areas of the City currently without public
sanitary sewer but where it will be available within a five-year period
as illustrated in the City of Hudson's Capital Improvement Program,
single-family homes shall demonstrate suitable soil conditions for
a minimum on-site sewage treatment area of 10,000 square feet. No
two-family structures, or larger, will be issued a building permit
without connecting to a public sewage treatment facility.
J.
In areas without sanitary sewer where public sanitary
sewer is not proposed in the City of Hudson's Capital Improvement
Program or Comprehensive Plan, single-family homes shall demonstrate
suitable soil conditions for a minimum on-site sewage treatment area
of 25,000 square feet. No building permit will be issued by the City
of Hudson for a dwelling unit connected to a private waste system
without a sanitary permit issued by the St. Croix County Zoning Administrator.
In addition, the City of Hudson will not issue a building permit for
any lot which either does not meet the minimum of 25,000 square feet
of acceptable soils for on-site sewage treatment or does not have
a legal contract to construct at least two complete septic/drain field
treatment systems as indicated on the sanitary permit issued by the
St. Croix County Zoning Administrator.
The following shall be permitted encroachments
into setback and height requirements, except as restricted in other
sections of this chapter:
A.
In any yards: posts, off-street parking, flues, leaders,
sills, pilasters, lintels, cornices, eaves (up to three feet), gutters,
open terraces, steps, chimneys, flagpoles, open fire escapes, sidewalks,
fences, essential services, exposed ramps (wheelchair), uncovered
stoops not in excess of 36 square feet or similar features, provided
that they do not extend above the height of the ground floor level
of the principal structure or to a distance less than three feet from
any lot line nor less than one foot from any existing or proposed
driveway; yard light and nameplate signs; trees, shrubs and plants;
and floodlights or other sources of light illuminating authorized
illuminated signs or light standards for illuminating parking areas,
loading areas or yards for safety and security reasons, provided that
the direct source of light is not visible from the public right-of-way
or adjacent residential property.
B.
Canvas, or similar material, awnings used as decoration
or weather protection may be permitted on any private property. Encroachments
or awnings onto the public right-of-way or sidewalk shall require
a certificate of compliance.
C.
In side and rear yards: fences thirty-percent open;
walls and hedges six feet in height or less; bays not to exceed a
depth of three feet or containing an area of not more than 30 square
feet; and fire escapes as per municipal and state building codes.[1]
E.
In no event shall off-street parking space, structures
of any type, buildings or other improvements cover more than 80% of
the lot areas. In no event shall the landscaped portion of the lot
be less than 20% of the entire lot as a result of permitted encroachments.
F.
In front yards, stoops or entranceways may be enclosed
or covered so long as the enclosed or covered area is not in excess
of 36 square feet and the area does not project more than six feet
from the front wall of the principal structure and is not located
closer than 10 feet to the property line.
[Added by Ord. No. 42-94]
A.
Front setbacks. Where a vacant buildable lot is adjacent
to structures existing at the time of adoption of this chapter having
a substandard setback from that required by this chapter, the Planner/Zoning
Administrator shall determine a reasonable, average, calculated front
yard setback to implement the requirements of this chapter and to
fulfill its purpose and intent. However, in no case shall a building
be required to set back more than 180 feet from the street center
line, except where an industrial district is adjacent to a residential
district. In residential districts, the front yard setback shall conform
to the established setback line, unless the Planner/Zoning Administrator
determines that another setback is more appropriate as provided herein.
B.
Side and rear setbacks. Subject to regulations contained
in the Building Code and other applicable regulations, side and rear
setback requirements may be waived, provided that party walls are
used and the adjacent buildings are constructed as an integral unit
and are part of an approved shopping center, townhouse development
or other similar development. Such waiver shall only be by issuance
of a conditional use permit.
C.
Setbacks adjacent to residential areas. Where a commercial
district is adjacent to a residential district, the minimum commercial
building setback from the lot line shall be 35 feet. In the case of
industrial districts, such minimum setback shall be 75 feet.
D.
Setbacks along thoroughfares. Along county roads and
streets designated as thoroughfares capable of car and truck traffic
in the Comprehensive Plan, the minimum front setback for principal
buildings shall be 40 feet from the adjacent property line, except
in the B-3 Central Business District.
E.
Setbacks from private roads. All setback requirements
of this section shall also be applicable to private roads and easement
access rights-of-way.
A.
A conditional use permit shall be required for an
accessory structure or portion thereof to exceed 45 feet in height,
including cupolas and domes, monuments, chimneys, crosses and smokestacks
and also flagpoles, public facilities, transmission towers of commercial
and private radio broadcasting stations and television antennas. The
only exception to this chapter is utility transmission service, and
necessary public utility structures, such as water towers, shall be
exempt.
B.
Parapet walls shall not extend more than four feet
above the height permitted of the building.
[Amended 5-3-2010 by Ord. No. 9-10]
Uses permitted by conditional use permit and
uses permitted by certificate of compliance in the zoning districts
established in this chapter shall be set forth in the table at the
end of this chapter identified as 255 Attachment 1.
Minimum area, minimum height and other dimensional
requirements of each zoning district are set forth in the table at
the end of this chapter.
