[HISTORY: Adopted by the Town Board of the
Town of Hudson 10-1-1990, as amended through 10-30-2000. Subsequent amendments noted where
applicable.]
[Amended 12-7-2021 by Ord. No. 2021-3]
Chapters SPS 320 through 325, the Uniform Dwelling Code, Wisconsin
Administrative Code, and all amendments thereto, are adopted and incorporated
in this code by reference. A copy of the code is on file with the
Building Department and with the Town Building Inspector/Zoning Administrator.
[Amended 4-2-2001 by Ord. No. 04-02-01; 12-7-2021 by Ord. No. 2021-3]
Chapters SPS 361 through 366 of the Commercial Building Code,
Wisconsin Administrative Code, and Chapters SPS 382 through 384 of
the Plumbing Code, Wisconsin Administrative Code, and Chapter SPS
316, Electrical Code in its entirety, Wisconsin Administrative Code,
and Chapters SPS 314 and ATCP 93, regarding fire protection and flammable
materials, of the Wisconsin Administrative Code, and Chapter SPS 308,
regarding mines, pits and quarries, of the Wisconsin Administrative
Code, and all amendments thereof in effect on the date of the adoption
of this chapter, are hereby adopted and made part of this chapter
by reference and are applicable to all those classes of buildings
to which said codes apply. Copies of said codes are on file in the
office of the Town Clerk and the Town Building Inspector/Zoning Administrator.
The State Building Inspector has sole responsibility for enforcing
the commercial codes designated herein. A designated representative
of the appropriate fire department will enforce requirements related
to flammable materials.
No person shall build or cause to be built any new public building or place of employment or any alteration or addition to an existing public building or place of employment without first obtaining a commercial or industrial building permit from the Building Inspector/Zoning Administrator; this permit being issued after receipt of state approved plans, where required, sanitary permits (if applicable) and determination being made of proper zoning and setbacks as specified in Chapter
105, the Town of Hudson Zoning Ordinance, and all applicable state, county, town or extraterritorial regulations being met.
[Amended 12-7-2021 by Ord. No. 2021-3]
Chapters SPS 320 through 325 are hereby adopted
and shall apply to additions or alterations to existing dwellings
within the Town of Hudson.
A. The Town Board shall appoint the Town Building Inspector/Zoning
Administrator. The Building Inspector/Zoning Administrator must be
state certified.
B. The Building Inspector shall also be designated as
the Town of Hudson Zoning Administrator and Enforcement Officer of
the Zoning Ordinances of the Town of Hudson.
C. The Building Inspector/Zoning Administrator shall
have the power and duty to see that the construction, reconstruction,
alteration, repairs, removal and safety of buildings and moving regulations
regarding buildings in the Town of Hudson conform with the laws of
the State of Wisconsin; the orders, rules and regulations laid down
by the Department of Safety and Professional Services of the State
of Wisconsin: and the ordinances, rules and regulations of the Town
of Hudson to make all inspections as required.
[Amended 12-7-2021 by Ord. No. 2021-3]
D. The Town Board may appoint more than one Building
Inspector/Zoning Administrator.
Any existing ordinances pertaining to the construction
of new dwellings or alterations of existing ones that conflict with
the Uniform Dwelling Code are hereby repealed.
[Amended 4-2-2001 by Ord. No. 04-02-01; 12-7-2021 by Ord. No. 2021-3]
No person shall build or cause to be built any new one- or two-family
dwelling, or any addition or alteration to an existing one- or two-family
dwelling, any swimming pool over 5,000 gallons or with electrical
connections, accessory or other separate auxiliary building or structure
of any type whatsoever without first obtaining a building permit.
No person shall build or cause to be built any public buildings or
place of employment without first obtaining a commercial or industrial
building permit for such building or structure. The Building Inspector/Zoning
Administrator shall furnish the building permit application. A copy
of such permit shall be filed with the Town Building Inspector/Zoning
Administrator.
As used in this chapter, the following terms
shall have the meanings indicated:
BUILDING
Includes any structure having a roof supported by columns
or walls used or intended to be used for the shelter or enclosure
of person, animals, equipment, machinery, materials or any type of
vehicles or semi-tractor trailers.
DWELLING
Includes an individual building or sections of a building
or other residential structure devoted to the shelter of one family
or a detached building containing two separate dwelling (or living)
units, designated for occupancy by not more than two families.
STRUCTURE
Includes any mechanical erection or construction, such as
a building, towers, masts, poles, booms, signs, decoration, carports,
decks and gazebos.
SWIMMING POOL
Includes swimming pools, spas and hot tubs of 5,000 gallons
or larger and/or requiring electrical connections.
UDC
Abbreviation for Uniform Dwelling Code.
This chapter shall not be construed as assuming
any liability on the part of the town or its officials for damages
to anyone injured or for any property damaged or destroyed by any
defect in any building or equipment or in any plumbing, electric wiring
or equipment or any flammable materials equipment or devices.
A. Penalties.
(1) Any person, firm or corporation violating any provision
of this chapter, per the current Town Citation Ordinance, shall forfeit $25 and the costs of prosecution and, in
default of payment of such forfeiture and the cost, shall be imprisoned
in the county jail until payments of such forfeiture and costs, but
not exceeding 30 days for each violation. In any such action, the
fact that any permit was issued shall not constitute a defense, nor
shall any error, oversight or dereliction of duty on the part of the
town officials constitute a defense. Each day the violation continues
after written notice delivered to the occupant, owner (as designated
on any permit application submitted to the town) or construction person
apparently in charge on the site shall constitute a separate violation.
All penalties shall be made payable to the Town of Hudson.
(2) Penalties and/or forfeitures in this chapter are also
covered in the Citation Ordinance. If there is a conflict between
this chapter and the Citation Ordinance, the Citation Ordinance has
precedence.
(3) Penalty fee. A penalty fee shall be assessed for any
work started without obtaining a building permit. The penalty fee
shall be equal to the permit fee up to $500. The Town shall retain
all penalty fees. The Town Treasurer shall attribute the same to the
general fund.
[Added 4-2-2001 by Ord. No. 04-02-01; amended 12-7-2021 by Ord. No. 2021-3]
B. Fees. The schedule of fees for various permits or procedures
as required by the Town of Hudson shall be as follows:
(1) Fees for one- and two-family dwellings shall be based
on valuation from the Town's fee schedule as set from time to time
by resolution of the Town Board for:
[Amended 12-7-2021 by Ord. No. 2021-3]
(a)
Unfinished basement, per square foot: as set
from time to time by resolution of the Town Board.
(b)
Finished basement per square foot: as set from
time to time by resolution of the Town Board.
(c)
First floor dwelling, per square foot: as set
from time to time by resolution of the Town Board.
(d)
Second floor dwelling, per square foot: as set
from time to time by resolution of the Town Board.
(e)
Garage (attached), per square foot: as set from
time to time by resolution of the Town Board.
(2) Valuation. Fees shall be determined as follows:
(a)
For first $2,000 on new home construction: as
set from time to time by resolution of the Town Board.
(b)
For first $2,000 on additions and alterations:
as set from time to time by resolution of the Town Board.
(c)
For each additional $1,000 or fraction thereof:
as set from time to time by resolution of the Town Board.
(d)
Current fee for UDC seal: as set by the state.
[Amended 4-2-2001 by Ord. No. 04-02-01]
(3) In-ground pool: as set from time to time by resolution
of the Town Board.
(4) Aboveground pool over 5,000 gallons volume: as set
from time to time by resolution of the Town Board.
(5) Pole sheds, storage buildings, unattached garages
larger than 144 square feet without electricity, plumbing or heating.
(a)
Valuation shall be calculated at the rate as
set from time to time by resolution of the Town Board, times the total
square feet of the structure.
(b)
Minimum fee for the first $2,000 of the structure's
value as calculated above shall be as set from time to time by resolution
of the Town Board.
(c)
Additional fee shall be calculated at the rate
as set from time to time by resolution of the Town Board for each
additional $1,000 of value or fraction thereof as exceeds minimum
value of $2,000.
(6) Pole sheds, storage buildings, unattached garages
with electricity, plumbing and/or heating.
(a)
Valuation shall be calculated at the rate as
set from time to time by resolution of the Town Board, times the total
square feet of the structure.
(b)
Minimum fee for the first $2,000 of the structure's
value as calculated above shall be as set from time to time by resolution
of the Town Board.
(c)
Additional fee shall be calculated at the rate
as set from time to time by resolution of the Town Board for each
additional $1,000 of value or fraction thereof as exceeds minimum
value of $2,000.
(7) Uncovered decks attached or unattached: as set from
time to time by resolution of the Town Board.
(8) Covered decks, gazebos, unattached or attached.
(a)
Valuation shall be calculated at the rate as
set from time to time by resolution of the Town Board times the total
square feet of the structure.
(b)
Minimum fee for the first $2,000 of the structure's
value as calculated above shall as set from time to time by resolution
of the Town Board.
(c)
Additional fee shall be calculated at the rate
as set from time to time by resolution of the Town Board for each
additional $1,000 of value or fraction thereof as exceeds minimum
value of $2,000.
(9) Electrical work: as set from time to time by resolution
of the Town Board, including but not limited to pool under 5,000 gallons
volume with pump, receptacle, lights, circuits, new service, central
air conditioning, hot tubs, spas, and ponds with electrical pumps,
etc.
(10) Gas fireplaces: as set from time to time by resolution
of the Town Board; fireplaces may be included with other permits at
no additional fee, i.e., new home, addition, alterations, etc.
(11) Permit to start (early start): as set from time to
time by resolution of the Town Board.
(12) Reinspections as per §
14-16C: as set from time to time by resolution of the Town Board.
(13) Variance application for state variance: as set from
time to time by resolution of the Town Board.
(14) Driveway permit: as set from time to time by resolution
of the Town Board.
(16) House number signs: as set from time to time by resolution
of the Town Board.
(17) Commercial/industrial permits.
(a)
Minimum fee for the first $2,000 of the structure's
value shall be as set from time to time by resolution of the Town
Board; and
(b)
Additional fee shall be calculated at the rate
as set from time to time by resolution of the Town Board for each
additional $1,000 of value or fraction thereof as exceeds minimum
value of $2,000.
(18) Nonbuilding structures (towers, etc.).
(a)
Minimum fee for the first $2,000 of the structure's
value shall as set from time to time by resolution of the Town Board.
(b)
Additional fee shall be calculated at the rate
as set from time to time by resolution of the Town Board for each
additional $1,000 of value or fraction thereof as exceeds minimum
value of $2,000.
(19) Moved buildings: for any building over 200 square
feet but under 750 square feet moved into, within or out of the Town
of Hudson: as set from time to time by resolution of the Town Board.
(20) Moved buildings: for any building over 750 square
feet moved into, within or out of the Town of Hudson: as set from
time to time by resolution of the Town Board.
(a)
The well and septic must be properly abandoned
within 60 days of moving.
(b)
A deposit as set from time to time by resolution
of the Town Board must be deposited with the Town Building Inspector/Zoning
Administrator towards well and septic abandonment within 60 days of
moving.
(c)
A building permit is required for buildings
moved into or within the Town of Hudson.
(21)
Sign permit: as set from time to time by resolution of the Town Board. (See §
105-25A.)
[Added 12-7-2021 by Ord.
No. 2021-3]
C. Minor repairs.
(1) Minor repairs and alterations costing less than $2,000
which do not change occupancy area, structural strength, fire protection,
exits, natural light or ventilation: no charge.
(2) Replacement or repair of roofing and siding may be
done without a permit.
D. Fee disbursement.
[Amended 12-7-2021 by Ord. No. 2021-3]
(1) Items in §
14-10B(2)(a) and
(b),
(3) through
(13),
(18),
(19) and
(21) shall be 80% to the Town Building Inspector/Zoning Administrator and 20% to the Town. 100% of the items in §
14-10B(14) goes to the Town Building Inspector/Zoning Administrator.
(3) Items in §
14-10B(17) shall be 70% to the Town Building Inspector/Zoning Administrator and 30% to the Town.
(4) Items in §
14-10B(20) shall be 50% to the Town Building Inspector/Zoning Administrator and 50% to the Town.
A. Application for a building permit shall be made in
writing upon a form furnished by the Building Inspector/Zoning Administrator.
The appropriate building requirements of the town and, where applicable,
of the county or the state for the contemplated improvement shall
be provided to the permit applicant by the Building Inspector/Zoning
Administrator at or before the submission of an application for a
building permit.
B. Plans and drawings. The building permit applicant
shall submit with the application two complete sets of plans and specifications.
C. County permits. The applicant must obtain any permits
required by St. Croix County and include copies of such permits with
the building permit application.
D. Driveway permits. The building permit applicant shall
submit with the application a driveway permit that shall be applied
for and obtained from the Building Inspector/Zoning Administrator
prior to making application for a building permit.
E. Optional permit. For one- and two-family dwellings,
if existing permit is still valid and no more than 1/2 of the inspections
have been made, the Building Inspector/Zoning Administrator may issue
an optional permit.
(1) An optional permit may be issued at the discretion
of the Building Inspector/Zoning Administrator.
(2) Minimum fee for the first $2,000 of valuation as determined in §
14-10B shall be as set from time to time by resolution of the Town Board.
(3) Additional fee shall be calculated at the rate as
set from time to time by resolution of the Town Board for each additional
$1,000 of value or fraction thereof as exceeds minimum value of $2,000.
F. Approval of plans and issuance of building permit. If the Building Inspector/Zoning Administrator determines that the proposed building, addition or alteration will comply in every respect with all the ordinances of the town and all applicable laws and regulations of the State of Wisconsin and is not in violation of the St. Croix County Subdivision Ordinance nor the extraterritorial zoning requirements of the City of Hudson or Village of North Hudson where applicable, he shall conditionally approve the plans and issue a building permit therefor, which shall be valid for 24 months; such building permit shall also constitute a land use permit under Chapter
105, the Town Zoning Ordinance. After being approved, the plans and specifications shall not be altered in any respect which involves any of the above-mentioned ordinances, laws or regulations, or which involves the safety of the building or occupants. One copy of the approved plans shall be returned to the applicant. The Town Building Inspector/Zoning Administrator shall retain one copy.
(1) Fire
Department key boxes. Any new construction of commercial or industrial
buildings, or multifamily buildings with restricted common corridor
access within the Town of Hudson, shall include an FD key box as required
by the Fire Department.
[Added 5-2-2023]
(a) A FD key box shall be installed on all new commercial and business-occupied
buildings. Multiuunit residential structures that have restricted
access through locked doors and have a common corridor for access
to living units shall be equipped with a box brand approved by the
Fire Department.
(b) Location. The key box shall be at or near the recognized public entrance
of a building, five feet to seven feet from the ground in a location
approved by the Fire Department. No steps, displays, signs, or other
fixtures, structures, or protrusions shall be located around or under
the box as to limit its access.
(c) All required key box(s) shall be installed and have the proper keys
prior to the issuance of an occupancy permit.
G. State Uniform Dwelling Code Seal. For one- or two-family
dwellings at such time a building permit is issued, it shall have
affixed to it a State of Wisconsin Uniform Dwelling Code Seal purchased
by the Town of Hudson.
H. Fees. Fees shall be submitted to the Building Inspector/Zoning
Administrator before the building permit is issued. Fees for plan
examination, inspection, driveway permit, culvert, house number, variance
applications, and issuance of the building permit shall be set forth
by the Town Board. All fees shall be paid by check or money order
and shall be made payable to the Town of Hudson.
If the Building Inspector/Zoning Administrator
finds that the character of the work is sufficiently described in
the application, he may waive the filing of plans for alterations
or repairs, provided that the cost of such work does not exceed $2,000.
The building permit and other permits required
by the town, county, state or other municipalities shall be posted
in a conspicuous place at the building site.
If the Building Inspector/Zoning Administrator
determines that the building permit application or plans do not conform
to the provisions of the applicable codes or ordinances or other requirements,
approval shall be denied.
A. Denial of application. A copy of the denied application,
accompanied by a written statement specifying the reasons for denial,
shall be sent to the applicant and to the owner as specified on the
application.
B. Stamping of plans. Plans and specifications, which
do not substantially conform to the provisions of the Building Code,
shall be stamped "Not Approved." One copy shall be returned to the
applicant and one copy retained by the Building Inspector/Zoning Administrator.
C. Appeals. The applicant may appeal a denial of an application
to the Board of Adjustment.
D. Time for permit issuance. Action to approve or deny
a building permit application shall be completed within 15 business
days of receipt of all of the forms, fees, plans and documents required
to process the application.
A. If the Building Inspector/Zoning Administrator finds
at any time that the provisions of this chapter are not being complied
with and that the holder of the permit refuses to conform after a
written warning or instruction has been issued to him, he shall revoke
the building, electrical or plumbing permit by written notices posted
at the site of the work.
B. When any permit is revoked, no further work shall
be done until the permit is reissued, except such work as the Building
Inspector/Zoning Administrator may order as a condition precedent
to the reissuance of the permit or as he may require for the preservation
of human life and safety.
All inspections, for the purpose of administering
and enforcing the UDC and Town Building Code, shall be performed by
a certified inspector who shall conduct inspections according to the
respective codes being applied and enforced.
A. Notification. Builder shall notify inspector of all
inspections required by SPS 320.10, Wis. Adm. Code.
[Amended 12-7-2021 by Ord. No. 2021-3]
B. Witness to inspection. It is recommended that a representative
of the developer, contractor, builder or owner be present at each
required inspection. It shall be the responsibility of the developer,
contractor, builder or owner to coordinate inspection times and dates
with the Building Inspector/Zoning Administrator.
C. Reinspections. Any reinspections necessary due to
incomplete work or noncomplying conditions shall be an additional
fee as set from time to time by resolution of the Town Board per inspection
to be paid in full prior to the issuance of the occupancy permit.
A. Uniform Dwelling Code variance application.
[Amended 12-7-2021 by Ord. No. 2021-3]
(1) Any variance to the Uniform Dwelling Code must be submitted for approval
to the Department of Safety and Professional Services, Industry Services
Division on state forms to be provided by the Town Building Inspector/Zoning
Administrator.
(2) The Town Building Inspector/Zoning Administrator shall complete all
required state forms and forward them to the Department of Safety
and Professional Services, Industry Services Division.
B. Town Building Code variance application.
(1) Property owners or their representatives may apply
for an individual variance from the Town Building Code on forms provided
by the Building Inspector/Zoning Administrator at the Building Inspector/Zoning
Administrator's office.
(2) It shall also be required that a clear and concise
written statement of the specific provisions of the Town Building
Code for which a variance is requested, together with a statement
of the procedures and materials to be used if the variance is granted,
accompany the application.
(3) The Building Inspector/Zoning Administrator shall
forward the application together with his written recommendation to
the Town of Hudson Board of Adjustment for its review and decision
of the application.
C. Board of Adjustment. The Building Inspector/Zoning
Administrator shall forward the application together with his written
recommendation and the reasons therefor to the Board of Adjustment.
The Board of Adjustment will then hear the variance application and
determine whether the variance should be granted.
A. The Board of Adjustment appointed by the Town Board pursuant to Chapter
105, the Town Zoning Ordinance, shall also constitute the Board of Adjustment for all matters arising under this chapter.
(1) The Board of Adjustment shall adopt rules for its
internal government and procedure, and shall also observe all requirements
of this chapter. Meetings of the Board of Adjustment shall be held
at the call of the Chairman and such other times as the Board of Adjustment
may determine. The Chairman or, in his/her absence, the Acting Chairman
may administer oaths and compel the attendance of witnesses. All meetings
shall be open to the public and shall comply with the requirements
of the State Open Meeting Law.
(2) The Board of Adjustment shall keep minutes of its
proceedings, showing the vote of each member upon each question, or,
if absent or failing to vote, indicating such fact, and shall keep
records of its examinations and other official actions, all of which
shall be immediately filed in the office of the Town Board and shall
be a public record.
(3) Appeals to the Board of Adjustment may be taken by any person aggrieved or by an officer, department, board or bureau of the Town of Hudson affected by any decision of the Building Inspector/Zoning Administrator. Such appeal shall be taken within a reasonable time, as provided in the rules of the Board of Adjustment, by filing with the Building Inspector/Zoning Administrator and with the Board of Adjustment a notice of appeal specifying the grounds thereof. In the case of a request for variance, that procedure shall be initiated by a filing with the Building Inspector/Zoning Administrator only, as set forth in §
14-17B of this chapter, who shall forward the required documentation to the Board of Adjustment. The Building Inspector/Zoning Administrator shall forthwith transmit to the Board of Adjustment all the papers constituting the record upon which the action appealed from was taken, the Board of Adjustment shall fix a reasonable time for the hearing of appeals and give public notice thereof as well as due notice to the parties in interest, and shall decide the same within a reasonable time.
B. Powers of the Board of Adjustment. The Board of Adjustment
shall have the following powers:
(1) To hear and decide appeals where it is alleged there
is error in any order, requirement, decision or determination made
by the Building Inspector/Zoning Administrator.
(2) To hear applications for variances from the Town Building
Code.
C. Decision. The Board of Adjustment shall either approve
or reject the appeal by a majority vote of members present.
No appeal to the provisions of this chapter
shall be granted by the Board of Adjustment unless it finds by a preponderance
of evidence that all the following facts and conditions exist and
so indicate such in the minutes of its proceedings.
A. Preservation of intent. No appeal shall be granted
that is not consistent with the purpose and intent of this chapter.
B. Exceptional circumstances. There must be exceptional,
extraordinary or unusual circumstances or conditions present so that
the granting of the appeal will not be so general or recurrent a nature
as to suggest that the ordinance should be changed.
C. Hardship. No appeal shall be granted solely on the
basis of economic gain or loss. Self-imposed hardships shall not be
considered as grounds for the granting of appeal.
D. Absence of detriment. No appeal shall be granted that
will create substantial detriment to adjacent property or that will
materially impair or be contrary to the purpose and spirit of this
chapter or the public safety and interest.
E. Decision. The Board of Adjustment shall transmit its
meeting minutes and decisions in writing to the Town Clerk within
seven days of the hearing.
F. Review by the Court of Record. Any person or persons
aggrieved by any decision of the Board of Adjustment may present to
the Court of Record a petition duly verified, setting forth that such
decision is illegal and specifying the grounds of the illegality.
Such petition shall be presented to the court within 30 days after
notification.
[Amended 12-7-2021 by Ord. No. 2021-3]
Whenever the Building Inspector/Zoning Administrator finds any
building or part thereof within the Town to be, in his judgment, so
old, dilapidated or out of repair as to be dangerous, unsafe, unsanitary
or otherwise unfit for human habitation, occupancy or use and unreasonable
to repair, he shall order the owner to raze and remove such building
or part thereof. If a building or part thereof can be made safe by
repairs, the owner may make it safe and sanitary or raze it at his
option. Such order and proceedings shall be as provided in § 66.0413,
Wis. Stats.
A. Minimum lot area. Building or parts of buildings hereafter erected or structurally altered shall provide a lot area conforming to the minimum lot size standard specified in §
90-6C of Chapter
90, the Town of Hudson Subdivision Ordinance, as adopted August 2, 1976, or as hereafter amended; provided, however, that a building in existence on August 2, 1976, on a lot smaller than therein specified may be rebuilt in the event of its substantial destruction by fire or other casualty.
B. Height.
(1) No building or parts of a building shall exceed 35
feet in height measured from the lowest grade.
[Amended 5-7-2024 by Ord. No. 2024-2]
(2) Provided, however, that residential buildings may
be increased in height by not more than 10 feet or one story when
all yards and other required open spaces are increased in width by
one foot for each foot in height by which such building exceeds the
normal height limit of the district.
C. Side yard. There shall be a side yard on each side
of a building.
(1) The aggregate width of the side yards for the main
building shall not be less than 25 feet and no single side yard shall
be less than 10 feet wide, provided further that the highway setback
regulations shall apply to all corner lots.
(2) For lots less than 80 feet wide and of record as such
at the date of the passage of this chapter, the aggregate width of
the side yard shall be equivalent to three inches for each foot of
the lot width, and no single side yard shall be less than 40% of the
aggregate width, provided further that the buildable width of any
lot shall not be reduced to less than 24 feet.
(3) The minimum permitted side yard for an accessory building in a residence district shall be three feet, provided it is detached from the main building. When an accessory building is attached or connected to the main building, they shall be considered to be as one and the conditions set forth in Subsection
C(1) above shall rule.
D. Rear yard. There shall be a rear yard of not less
than 25 feet in depth for any main building. Accessory buildings shall
not be provided with a minimum rear yard of not less than three feet.
E. TRANS 233.08: setback requirements and restrictions
on land abutting a state trunk highway or connecting highway.
(1) Except as provided in this section or in § TRANS 233.11 or, with respect to connecting highways, as provided in § 86.16(1), Wis. Stats., no person may erect, install or maintain any structure or improvement within a setback area determined under Subsection
E(2) or
(3).
(2) Setback area.
(a)
Except as provided in Subsection
E(2)(b), the setback area is the area within 110 feet of the center line of a state trunk highway or connecting highway or within 50 feet of the nearer right-of-way line of a state trunk highway or connecting highway, whichever is furthest from the center line.
(b)
If an applicable ordinance allows structures or improvements to be located closer to the right-of-way of a state trunk highway or connecting highway than is provided under Subsection
E(2)(a), the setback area is the area between the right-of-way and the more restrictive of the following:
[1]
The distance allowed under the ordinance.
[2]
Forty-two feet from the nearer right-of-way
line.
[3]
One hundred feet from the center line.
(3) If any portion of a service road right-of-way lies within the setback area determined under Subsection
E(2), the setback area shall be increased by the lesser of the following:
(a)
The width of the service road right-of-way, if the entire service road right-of-way lies within the setback area. Any increase under this subsection shall be measured from the boundary of the setback area determined under Subsection
E(2).
(b)
The distance by which the service road right-of-way
lies within the setback area, if the entire service road right-of-way
does not lie within the setback area. Any increase under this subsection
shall be measured from the nearer right-of-way line of the service
road.
A. Permit required. A permit shall be required for any
swimming pool with a capacity of 5,000 or more gallons.
B. Application. An application for a building permit
shall show:
(2) Site plan to include:
(b)
Location of house, garage, fencing, well, drain
field, septic tank on the lot.
(c)
Location of filter unit, pump and wiring (involving
location).
(d)
Location of back flush and drainage outlets.
(e)
Grading plan, finished elevations and final
treatment (decking, landscaping, etc.) around pool.
(f)
Location of existing overhead or underground
wiring, utility easements, trees and similar features.
(3) In the Town of Hudson:
(a)
Pools for which a permit is required shall not
be located within 25 feet of any side or rear lot line nor within
six feet of any principal structure or frost footing or six feet of
any deck more than two feet higher than pool. Pools shall not be located
within any required front yard, or within 15 feet of a septic tank
or 25 feet of the well or 15 feet from a soil absorption site.
[Amended 6-6-2002]
(b)
Pools shall not be located beneath overhead
utility lines nor over underground utility lines of any type.
(c)
Pools shall not be located in or on any easement
of any private or public utility, walkway, drainage area or other
easement.
(d)
For in-ground pools, due precautions shall be
taken during the construction period to:
[1]
Avoid damage, hazards or inconvenience to adjacent
or nearby property; and
[2]
Assure that proper care shall be taken in stockpiling
excavated material to avoid erosion, dust or other infringement onto
adjacent property.
(e)
To the extent feasible, back flush water or
water from pool drainage shall be discharged on the owner's property
or into approved public drainageways. Water shall not drain onto adjacent
or nearby private land without written permission of owner thereof.
(f)
The filter unit, pump, heating unit and any
other noisemaking mechanical equipment shall be located at least 30
feet from any adjacent or nearby residential structure or not closer
than 25 feet to any lot line.
[Amended 4-2-2001 by Ord. No. 04-02-01]
(g)
Lighting for the pool shall be directed into
or onto the pool and not onto adjacent property.
(h)
A safety cover or a nonclimbable safety fence
of at least five feet in height shall completely enclose the pool.
Fencing is not required for aboveground pools with a removable ladder
for removal when not in use.
[Amended 5-29-2012]
(i)
Water in the pool shall be maintained in a suitable
manner to avoid health hazards.
(j)
All wiring, lighting, installation of heating
unit, grading, installation of pipes and all other installations and
construction shall be subject to inspection by the Building Inspector/Zoning
Administrator.
(k)
Required safety fencing shall be installed immediately
upon completion of the pool.
(l)
There shall be no nuisances such as undue noise,
lighting onto adjacent property, health and safety hazards, damage
to nearby vegetation, etc.
(m)
Drainage of pools into public streets or other
public drainageways shall require permission of the Town Chairman.
Except where otherwise provided in this code,
the Building Inspector/Zoning Administrator shall have the general
management and control of all matters pertaining to the building inspection
and shall enforce all state laws, town ordinances and lawful orders
relating to the construction, alteration, repairs, removal and safety
of buildings and other structures, dwellings, public buildings and
other structures, dwellings, public buildings and places of employment
in the Town of Hudson.
The Building Inspector/Zoning Administrator
shall have the power and authority at all reasonable hours, for the
purpose of any inspection or reinspection, to enter upon any public
or private premises and make inspection thereof and to require the
production of the permit for any building work being done or the required
license therefore. No person shall interfere with or refuse to permit
access to any such premises to the above-described representatives
of the town while in the performance of their duties. Any person who
shall willfully or knowingly resist or obstruct the inspector in the
performance of his duty shall be in violation of this chapter. This
shall apply to all buildings that have not had a final inspection
or are in need of a reinspection. For buildings that are suspected
of not having permits for work requiring permits, the Building Inspector/Zoning
Administrator may ask permission from the owner of said building for
access. Persons refusing access to the Building Inspector/Zoning Administrator
shall be reported to the Town Board for further action.
A. The Town Building Inspector/Zoning Administrator shall
maintain a record of all permits issued by him, which shall be kept
on file at the Town Building Department.
B. The Building Inspector/Zoning Administrator shall
make a monthly and annual written report to the Town Board of all
permits issued, violations noted and fees collected.