A.
The Common Council may grant conditional use permits in any district, provided that the proposed use is designated in § 255-24 of this chapter or specifically designated elsewhere as a conditional use for the district, upon finding that:
(1)
Certain conditions as detailed in the Zoning Code
exist.
(2)
The use or development conforms to the comprehensive
land use plan of the community.
(3)
The use is compatible with the existing neighborhood.
(4)
It is understood that, if approved, the conditional
use permit attached to the land shall continue to remain with the
land and not the owner or use of said land, unless otherwise specified
by the Common Council.
B.
The Planner/Zoning Administrator shall maintain a
record of all applications for and all conditional use permits issued,
including information of the use, location, conditions imposed by
the City, time limits, review dates and such other information as
may be appropriate.
C.
Application. Application for a conditional use permit
shall be filed with the Planner/Zoning Administrator.
(1)
The application shall be accompanied by development
plans for the proposed use showing such information as may be reasonably
required by the Planner/Zoning Administrator, including but not limited
to those items listed below. Such plans shall contain sufficient information
as listed below for the City of Hudson to determine whether the proposed
development will meet all applicable development standards.
(a)
Site plan drawn to scale showing parcel and
building dimensions.
(b)
Location of all buildings and their size, including
square footage.
(c)
Curb cuts, driveways, access roads, parking
spaces, off-street loading areas and sidewalks.
(d)
Landscaping and screening plans, including species
and size of trees and shrubs proposed.
(e)
Finished grading and drainage plan sufficient
to drain and dispose of all surface water accumulated within the area.
(f)
Type of business or activity and proposed number
of employees.
(g)
Proposed floor plan and elevations of any building
with use indicated.
(h)
Sanitary sewer and water plan with estimated
daily flow rates.
(i)
Soil type and soil limitations for the intended
use. If severe soil limitations for the intended use are noted, a
plan or statement indicating the soil conservation practice or practices
to be used to overcome said limitations shall be made part of the
application.
(j)
A location map showing the general location
of the proposed use within the City of Hudson.
(k)
A map showing all principal land use within
500 feet of the parcel for which application is being made.
(2)
The applicant may be required to supply proof of ownership
of the property for which the conditional use permit is requested,
consisting of an abstract of title together with any unrecorded documents
whereby the petitioners acquired legal or equitable ownership.
D.
Hearing. The public hearing shall be no more than
60 days after the date of the filing of the application with the Planner/Zoning
Administrator. Notice of the purpose, time and place of such a public
hearing shall be published in the official newspaper of the City of
Hudson at least 10 days prior to the date of the hearing. The applicant
or his representative shall appear at the public hearing held by the
Plan Commission in order to answer questions concerning the proposed
use.
E.
Plan Commission report. The Plan Commission shall
make its report on the application to the Common Council, in writing,
within 60 days after the public hearing, unless the applicant consents
to extended consideration by the Plan Commission. The report shall
recommend that the conditional use permit be granted or denied and
shall include the Plan Commission's recommendation as to any conditions
imposed if the conditional use permit is granted, including time limits,
and provisions for periodic review and shall state the reasons therefor,
to accompany the recommendations.
(1)
The Plan Commission's report shall be filed with the
Planner/Zoning Administrator, who shall refer the same to the Common
Council for consideration at its next regular meeting.
(2)
If the Plan Commission fails to file a report with
the Planner/Zoning Administrator within the time provided by this
chapter, the application shall be referred to the Common Council as
herein provided; however, the action shall be considered as to be
forwarded without report.
F.
Action on application.
(1)
The Common Council shall make its decision on the
application within 60 days of the filing of the Plan Commission's
report with the Planner/Zoning Administrator or after the last day
for filing the same if no report is filed from the Commission. To
gather additional input, the Common Council may hold another public
hearing. The Common Council shall make written findings and shall
state therein the reasons for its decision. Any such order shall be
filed with the Planner/Zoning Administrator.
(2)
The Common Council may impose such conditions and
restrictions, including time limits, on the conditional use or periodic
review as appears to be necessary and proper to protect adjacent property
and to comply with the intent and purposes of this chapter.
G.
Reapplication. No application for a conditional use
permit shall be resubmitted for a period of six months from the date
of denial by the Common Council on a previous application.
H.
Periodic review. If a periodic review is imposed as
a condition of the granting of a conditional use permit, the conditional
use permit shall be reviewed by the Plan Commission at a public hearing
at least 30 days prior to the expiration date of the permit, with
notice as to the type of review. It shall be the responsibility of
the Planner/Zoning Administrator to schedule such public hearing and
notify the permit holder at least 10 days prior to the hearing.
I.
Compliance with permit and violation of conditions.
Any use permitted under the terms of a conditional use permit shall
be established and conducted in accordance with all the terms, conditions
and restrictions of the permit. The violation of any term, condition
or restriction of a conditional use permit shall be a violation of
this chapter.
J.
In the event of the violation of any term, condition
or restriction of a conditional use permit, the City of Hudson may
institute an appropriate action or proceeding for such equitable relief
as may be appropriate, including cancellation of the permit or appropriate
orders preventing, restraining, correcting or abating such violations
or threatened violations.
A.
The Common Council shall issue a certificate of compliance in any district for a proposed use listed in § 255-24 as a use which must obtain a certificate of compliance prior to construction or occupancy, provided that the proposed use will not be contrary to the provisions of this chapter and that other codes and ordinances have been fully complied with.
B.
Conditions required by this chapter shall be applied
to the issuance of the certificate, and a periodic review of the certificate
and proposed use may be required. The certificate shall be granted
for a particular use and not for a particular person or firm.
C.
The Planner/Zoning Administrator shall maintain a
record of all certificates of compliance issued, including information
on the use, location and conditions imposed as part of the permit,
such as time limits, review dates and such other information as may
be appropriate.
D.
Whenever this chapter requires a certificate of compliance,
an application therefor, in writing, shall be filed with the Planner/Zoning
Administrator.
E.
The application shall be accompanied by development
plans of the proposed use in showing such information as may be reasonably
required by the Planner/Zoning Administrator, including but not limited
to those listed below. These plans shall contain adequate information
as listed below upon which the Plan Commission/Common Council can
determine whether the proposed development will meet all development
standards if the project proceeds in accordance with such plans.
(1)
Site plan drawn to a scale showing parcel and building
dimensions.
(2)
Location of all buildings and their square footage.
(3)
Curb cuts, driveways, access roads, parking spaces,
off-street loading areas and sidewalks.
(4)
Landscaping and screening plans.
(5)
Finished grading and drainage plans sufficient to
drain and dispose of all surface water accumulated in the area.
(6)
Sanitary and storm sewer plans with estimated use.
(7)
Soil type and soil limitations for the intended use.
If severe soil limitations for the intended use are noted, a plan
or statement indicating the soil conservation practice or practices
to be used to overcome said limitations shall be made prior to the
permit application.
(8)
Any additional data reasonably requested by the Planner/Zoning
Administrator.
F.
The Plan Commission shall recommend to the Common
Council issuance or denial of the application for a certificate of
compliance within 45 days of the date on which all of the required
information has been submitted. The Common Council may issue the certificate
of compliance and apply such conditions as it feels are necessary
to protect the public health, safety and welfare, and such conditions
may include a time limit for the use to exist or operate, or the Common
Council may deny the issuance of a certificate of compliance.
G.
If no action on the request for a certificate of compliance
is taken within such time, the request for a certificate of compliance
shall be considered denied.
H.
If the request for a certificate of compliance is
denied or if conditions are imposed, the applicant may appeal the
decision to the Board of Appeals. The procedures to be followed in
this case shall be the same as those followed for an appeal to any
administrative decision made by the Planner/Zoning Administrator.
A.
No building or structure which has been wholly or partially erected shall be moved to any other location within the City of Hudson unless a permit to move said building or structure has been obtained as provided herein. Any such building or structure proposed to be moved shall meet all requirements of the Building Code applicable to a new building or structure. Permit applications shall be forwarded to the Building Inspector and Public Works Superintendent according to Chapter 212, Streets and Sidewalks, § 212-8.
B.
This chapter shall not apply to construction sheds,
agricultural buildings or temporary structures to be located on a
lot for 12 months or less.
A.
In areas without public sewer facilities, no building
permit for any use requiring on-site sewage treatment and disposal
shall be issued until a septic permit has first been issued by St.
Croix County.
B.
A septic permit shall be issued only after proof is
furnished by the applicant that a suitable on-site sewage treatment
and disposal system can be installed on the site. Such system shall
conform to all of the requirements of the State of Wisconsin, including
percolation tests and borings.
Driveway access approval to a public road shall
be secured from the public agency (City, county or state) with jurisdiction
and maintenance responsibilities over the road prior to issuance of
a building permit from the City of Hudson.
No land shall be graded so as to raise or lower
the elevation, remove topsoil, alter the contours or conduct similar
activities which utilize, disturb or remove more than 100 cubic yards
of earthen material except under terms of a grading permit issued
by the Planner/Zoning Administrator. This provision shall not apply
to normal farming and agricultural activities. Public improvement
projects for roads and utilities shall be exempt from this requirement.
Sign permits shall be required as stated in Chapter 202, Signs.
A.
No building or structure, or parts thereof, erected
after the effective date of this chapter shall be occupied or used
unless and until a certificate of occupancy shall have been issued
for such building or structure.
B.
A certificate of occupancy or final building inspection
shall be approved only when the use and the new or altered structure
are in compliance with this chapter, the Building Code and the Fire
Code. Only then shall the structure be occupied.
C.
Completion and approval of the final building inspection
by the City Building Inspector and the City Fire Inspector on any
project requiring a building permit shall be equivalent to issuance
of a certificate of occupancy.
A.
An amendment to this chapter may be initiated by the
Common Council, the Plan Commission or by petition of affected property
owners, as defined herein. An amendment not initiated by the Plan
Commission shall be referred to the Plan Commission for study and
report, as hereinafter provided, and may not be acted upon by the
Common Council until it has received the recommendation of the Plan
Commission on the proposed amendment or until 60 days have elapsed
from the date of reference of the amendment without a report by the
Plan Commission.
B.
The City Clerk shall maintain a record of all applications
for amendments to this chapter.
C.
Application. Where an amendment to this chapter is
proposed by a property owner, a City of Hudson request form shall
be filed with the City Clerk.
D.
Hearing. The City Clerk shall refer the application
to the Plan Commission for consideration at its next regular meeting.
After review and consideration, the Planner/Zoning Administrator shall
forward the Plan Commission recommendation to the Common Council at
its next regular meeting. The Common Council shall set a date for
a formal public hearing on said application. The public hearing shall
be held no more than 60 days after the date of the meeting of the
Plan Commission to review the application. Notice of the purpose,
time and place of such public hearing shall be published in the official
newspaper of the City of Hudson.
E.
Plan Commission report.
(1)
The Plan Commission shall make its report on the application
to the Council, in writing, within 60 days after the initial application,
unless the applicant consents to extended consideration by the Plan
Commission. The report shall recommend that the amendment be granted
or denied and shall include the Plan Commission's recommendation.
(2)
If the Plan Commission fails to file a report with
the Planner/Zoning Administrator within the time provided by this
chapter, the application shall be referred to the Common Council as
herein provided, without report, after the time for filing the report
has expired.
F.
Council action on application. The Common Council
shall make its decision on the application within 60 days of the filing
of the Plan Commission's report with the Planner/Zoning Administrator
or after the last day for filing the same if no report is filed. The
Common Council shall make written findings and shall state therein
the reasons for its decision.
G.
In granting or recommending any zoning amendment to
this chapter, the Planner/Zoning Administrator, the Plan Commission
and Common Council shall find that the proposed development conforms
substantially to the policy, goals and standards of the Comprehensive
Plan.
A.
Approval of development plans by the Plan Commission and Common Council
is a prerequisite to obtaining a building permit for housing projects
consisting of more than two dwelling units on a single lot of record
or any type of commercial, industrial or public/quasi-public buildings.
All applications for development plan review shall be accompanied
with a nonreimbursable filing fee. Also, the property owner/developer
shall be responsible for payment of costs of development plan review
by City personnel or professional consultants as the Plan Commission
or Common Council deems necessary.
[Amended 5-1-2000 by Ord.
No. 9-00; 3-12-2018 by Ord. No. 3-18]
B.
The approval period for concept and final development plans shall not extend beyond one year following the approval of the concept development plans by the Plan Commission. In order to obtain a building permit, reapplication for development plan approval shall be submitted in accordance with Subsection A.
Note: Considerations of the Board of Appeals
generally require public hearings.
A.
Action: certificate of compliance.
(1)
When applicable: to certify compliance with specific
uses or zoning requirements.
(2)
Property owner should apply to the City Planner/Zoning
Administrator.
(3)
Application will be approved or denied by the Common
Council.
(4)
Public hearing is not required.
(5)
Appeal would be considered by the Board of Appeals.
B.
Action: conditional use permit.
(1)
When applicable: may allow for uses not normally permitted
in a specific zoning district.
(2)
Property owner should apply to the City Planner/Zoning
Administrator.
(3)
Public hearing is required by the Plan Commission.
(4)
Application will be approved or denied after review
and recommendation by the Plan Commission. Final approval or denial
will be by the Common Council.
(5)
Appeal must be taken to court.
C.
Action: variance.
(1)
When applicable: difficulties with dimensional provisions
of this Zoning Code.
(2)
Property owner should apply to the City Planner/Zoning
Administrator.
(3)
Public hearing is required and is held by the Board
of Appeals.
(4)
Application will be approved or denied after review
and consideration by the Board of Appeals. The Plan Commission or
Common Council is not involved in the decision.
(5)
Appeal must be taken to court.
D.
Action: building permits.
(1)
When applicable: contacting City Building Inspector
for issuance of a building permit to build, remodel, etc.
(2)
Property owner should contact the City Building Inspector.
(3)
Application will be approved or denied by the Plan
Commission and Common Council upon review and consideration of development
plans.
(4)
Appeal of action by City Building Inspector must be
taken to the Board of Appeals.
E.
Action: amendment of Zoning Code.
(1)
When applicable: petition by a property owner or initiative
of the Plan Commission or Common Council.
(2)
Property owner should contact the City Planner/Zoning
Administrator.
(3)
Public hearing is required by the Common Council.
(4)
Application will be approved or denied first by action
of the Plan Commission, which will review and recommend. Final action
on any changes will be by the Common Council.
(5)
Appeal of action by the Common Council must be taken
to court.
F.
Action: permits (signs, grading and soil conservation).
(1)
When applicable: generally when to protect health,
safety and welfare of property occupants, adjoining property occupants
and the general public, as well as natural resources.
(2)
Property owner should contact the City Planner/Zoning
Administrator or the City Building Inspector.
(3)
Application will be approved or denied by the appropriate
City official.
(4)
Appeal of action by the City official must be made
by the Board of Appeals.
G.
Action: certificate of occupancy.
(1)
When applicable: certifies that the building or structure
meets current codes and can now be occupied for the use(s) intended.
(2)
Property owner will receive certificate from the City
Fire Inspector and/or Building Inspector upon approved completion
of the structure.
(3)
Application will be approved or denied by the City
Fire Inspector and/or Building Inspector.
(4)
Appeal must be taken to the Board of Appeals.
H.
Action: planned unit development (PUD).
(1)
When applicable: two or more principle uses or buildings
on one parcel of land or for more flexible development standard.
(2)
Property owner should apply to the City Planner/Zoning
Administrator.
(3)
Application will be approved or denied after review
and recommendation by the Plan Commission and final review and action
by the Common Council.
(4)
Appeal must be taken to court.
I.
Action: subdivision.
(1)
When applicable: any time property owner wants to
create new lots.
(2)
Property owner should apply to the City Planner/Zoning
Administrator.
(3)
Application will be approved or denied after review
and recommendation by the Plan Commission and final action by the
Common Council.
(4)
Appeal must be taken to court.
[Added 1-6-2020 by Ord. No. 1-20]
A.
Development
informational meetings required. Prior to the submission of an application
for Zoning Map amendments, future Land Use Map amendments, conditional
use permits, and development plans in the Downtown Overlay District,
the applicant shall hold a development informational meeting. Multiple
applications reviewed concurrently by the Council require a single
development informational meeting.
B.
Location and notice. The Community Development Department shall provide a mailed postcard notice of the development informational meeting at least 10 calendar days prior to the meeting. The Community Development Department shall be notified of the time and location of the development informational meeting at least five business days prior to the deadline for mailing notices that conform to the timelines required by this section. Development informational meetings shall not be scheduled to conflict with regularly scheduled Plan Commission or City Council meetings. Development informational meetings shall not be scheduled on federal holidays, including a public election day. City staff may attend such meetings to gather information and to highlight relevant requirements of this section as needed, but shall not organize or control the meeting. City staff shall not present, evaluate or approve development proposals at development informational meetings. An application for development outlined in Subsection B shall include a written summary stating the time and location of the meeting, the number of attendees and the topics discussed.
C.
Timing of meeting. The development informational meeting shall be held no more than 30 days prior to the submission of a development application outlined in Subsection A.
D.
Fees.
The applicant shall be responsible for all mailing of notice costs.
