HomeMy WebLinkAboutResolution 2022 (01) Resolution No. 1 (2022)
ST. RO UNTY RESOLUTION APPROVING TEXT AMENDMENTS TO THE TOWN OF
HUDSON ZONING ORDINANCE— CHAPTER 105
COVER MEMO
TO: County Board of Supervisors
FROM: Ken Witt, County Administrator
Ellen Denzer, Director, Community Development
DATE: January 4, 2022
AGENDA ITEM: Resolution Approving Text Amendments to the Town of Hudson Zoning
Ordinance — Chapter 105
BACKGROUND INFORMATION
Wisconsin Statute 60.62(3) requires that counties review and approve all amendments to town zoning
ordinance text and maps prior to the amendment taking effect. The Town of Hudson, which has a town
zoning ordinance,has approved text amendments that require County Board approval.
In summary, the text amendments to the Town of Hudson Zoning Ordinance relate to:
I. Financial assurances;
2. Deletion of mini-storage facilities as an allowable use;
3. Lot area,height, and setback standards;
4. Violations and penalties;
5. Parking lot aisle width;
6. Definitions;
7. Chickens; and
8. Setbacks for the St. Croix Industrial Park
Agenda packet information includes copies of meeting minutes from the Town Plan Commission and
Town Board,public hearing notices, and a final zoning ordinance with amendments noted as st+iekeii for
deleted language and underlined for added language.
Resolution No. 1 (2022)
ST. RO LINTY RESOLUTION APPROVING TEXT AMENDMENTS TO THE TOWN OF
HUDSON ZONING ORDINANCE- CHAPTER 105
1 WHEREAS, on October 18, 2021 the Town of Hudson Plan Commission held a properly
2 noticed meeting to discuss and recommend text amendments to the Town of Hudson Zoning
3 Ordinance; and
4
5 WHEREAS, on November 2, 2021 the Town of Hudson Town Board held a properly
6 noticed public hearing on the proposed text amendments to the Town of Hudson Zoning
7 Ordinance; and
8
9 WHEREAS, following the public hearing, the Hudson Town Board approved text
10 amendments shown in attached Exhibit A; and
11
12 WHEREAS, Section 60.62(3), Wisconsin Statutes states that in counties having a county
13 zoning ordinance no town ordinance amendment is effective unless approved by the county board;
14 and;
15
16 WHEREAS, St. Croix County has a zoning ordinance; and
17
18 WHEREAS, the Community Development Committee has reviewed the proposed
19 amendment and recommends approval.
20
21 NOW,THEREFORE,BE IT RESOLVED by the St. Croix County Board of Supervisors
22 that the amendments to the Town of Hudson Zoning Ordinance described above as attached
23 Exhibit A are hereby approved.
Le-gal—Fiscal—Administrative Approvals:
Legal Note:
Fiscal Impact: None
41 zo�h�
LUK'sWn�fon,'Fin�n�e DirMor '02/10/2021
i;K 4W , u� 12110/20211
12/1021 Approved
12/16/21 Community Development Committee APPROVED
!`a,xhibit
Includes suggested changes from General Code Analysis (including March 17, 2021 Review & Suggested
Updates summary); chicken changes as reviewed and approved by Plan Commission (March 15, 2021);
recent changes for parking, lighting and landscaping as reviewed/approved by the Plan Commission (March
15, 2021)with the required public hearing held and Town Board review/approval (May 4, 2021) and pending
county review (adopted by Resolution No. 35 on September 9, 2021); Town Attorney comments of May 17,
2021; suggested changes reviewed by the Plan Commission (June 21, 2021 and August 16, 2021); suggested
changes as reviewed at the Town Board working session (August 31, 2021) and other general updates.
Chapter 105
Zoning
[HISTORY: Adopted by the Town Board of the Town of Hudson 4-18-1977, as amended through 10-
30-2000. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Building construction See Ch. 14.
Numbering of buildings See Ch. 18.
Citations See Ch. 32.
Mobile homes See Ch. 59.
Noise See Ch. 64.
Parks and recreation See Ch. 73.
Board of Review See Ch. 77.
Subdivision of land See Ch. 90.
Travel trailers See Ch. 95.
Fees See Ch. A113.
Article I
General Provisions
§ 105-1 Compliance required.
The Town Board ofthe Town ofHudson has the specific authority,powers, and duties pursuant to.�§ 60.61,
60.62, 61.35 and 62.23, Wis. Slats.,pursuant to the specific statutory sections noted in this chapter, and by
its adoption ofvillage powers under. 60.10, Wis. Slats., to zone certain areas in the Town ofHudson and to
regulate,prohibit and restrict construction, alteration, erection, and enlargement of certain structures and
buildings in the Town and to regulate and control certain uses, activities, businesses and operations in the
Town ofHudson. The use of any land or water and the use, size and locations of structures on lots shall be in
full compliance with the terms of this chapter.
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§ 105-2 Interpretation and construal of provisions.
The provisions of this chapter are minimum requirements adopted to promote the health, safety, morals,
comfort,prosperity and general welfare of the Town of Hudson, St. Croix County, Wisconsin. This chapter
shall be liberally construed in favor of the Town and shall not be deemed a limitation or repeal of any other
powers granted by the Wisconsin Statutes.
§ 105-3 Severability.
If any section, clause,provision or portion of this chapter is adjudged unconstitutional or invalid, the
remainder of this chapter shall not be affected thereby. However, if the provisions of Articles I through VI
are held invalid for improper procedure in enactment or for failure of the County Board to properly approve,
the provisions for deleting I through XVI of the original Town Ordinance and Amendments thereto shall also
be invalid, and the original Town Zoning Ordinance and Amendments shall continue in full force and effect.
§ 105-4 Determination of district boundaries.
The boundaries of the districts established by this chapter for zoning purposes are shown on the map entitled
"Zoning Map of the Town of Hudson, St. Croix County," dated March 24, 1977, which map accompanies
and is made a part of this chapter. The above map is on file in the office of the Town Clerk, and additional
copies have been furnished to the Town Building Inspector/Zoning Administrator and to the St. Croix
County Clerk and the St. Croix County Zoning Administrator. The map on file in the office of the Town
Clerk shall be the official version and shall control in any case where differences occur between it and other
copies. All notations and references shown on the district map are as much a part of this chapter as though
especially described therein. The Town Clerk shall periodically update the map to reflect any adopted
amendments thereof. For unsubdivided property, unless otherwise indicated, the district boundaries are
property lines or section lines, or quarter-section lines, or quarter-quarter section lines. In unplatted areas of
10 acres or less, the district boundary lines, where not otherwise indicated, shall be determined by use of the
scale shown on the district map.
§ 105-5 Abrogation.
A. General supersession. This chapter supersedes all inconsistent provisions of the Town Zoning Ordinance
in effect prior to the effective date of this amendment.
B. Nonimpairment of deed restrictions. It is not intended by this chapter to repeal, abrogate or impair any
existing deed restrictions, easements, covenants or permits already issued, or ordinances other than
zoning to the extent specified in § 105-5A of this chapter; however, where this chapter imposes greater
restrictions, the provisions of this chapter shall prevail.
C. Buildings under construction. Nothing herein contained shall require any change in the plans,
construction, size or designated use of any building or structure or part thereof on which construction
has started, or a particular use has been commenced, or for the construction of a building or structure or
part thereof upon which a bona fide construction contract has been entered into before the effective date
of this chapter,provided such construction was started or use commenced or contract entered into after
issuance of a valid building permit allowing such construction or use.
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Article II
Zoning District Regulations
§ 105-6 Enumeration of districts.
[Amended 4-2-2001 by Ord. No. 04-02-011
For the purpose of general zoning, there are created sew ei, ht types of districts. All land zoned under
Article II, Zoning District Regulations, of this chapter shall be designated as one of these types. The district
types are:
A. Residence District.
B. Agricultural District.
C. Agricultural/Residential District.
D. Conservancy District.
E. Commercial District.
F. Industrial District.
G. Commercial/Light Industrial District.
H. Planned Unit Development(PUD) District. [Added 7-7-20081
§ 105-7 General provisions on heights a-4 area and setbacks.
A. No part of a yard or other open space provided about any building for the purpose of complying with the
provisions of this chapter shall be included as a part of a yard or other open space required for another
building.
B. Every dwelling hereafter erected in the Town of Hudson shall provide for not less than 720 square feet
of floor area for a one-story building for each family dwelling therein, nor less than 1,000 square feet of
floor area for a two-story building for each family dwelling therein.
C. Every part of a required yard shall be open to the sky unobstructed, except for trees, shrubs and
accessory buildings in a rear yard, and the ordinary projections of sills, belt courses, cornices and
ornamental features projecting not more than 24 inches.
D. Accessory buildings which are not a part of the main building shall not occupy more than 30% of the
area of the required rear yard and shall not be more than 25 feet in height.
E. The regulations contained throughout this chapter relating to the height of buildings or structures and the
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size of yard and other open spaces shall be subject to the following exceptions:
(1) Churches, schools and other public and quasi-public buildings may be erected to a height not exceeding
60 feet or five stories,provided the front, side and rear yards required in the district in which such a
building or structure is to be located are each increased at least one foot for each additional foot of
height above the height limit otherwise established for the district in which such building or structure is
to be located.
(2) Chimneys, cooling towers, church steeples or spires, tanks, water towers, radio or television antennas,
microwave radio relay or broadcasting towers, mast or aerials, farm silos, barns and other farm
structures, and necessary mechanical appurtenances are hereby excepted from the height regulations of
this chapter and may be erected in accordance with other regulations or ordinances of the Town of
Hudson, St. Croix County, Wisconsin, or of other jurisdictions, such as the Federal Aviation
Administration.
(3) Facilities subject to Subsections E(1) and(2) of this section require a zoning permit to be issued by the
Town Building Inspector/Zoning Administrator after approval by the Town Board. Before granting
approval, the Town Board shall investigate and determine whether any such facility which is to exceed
35 feet in height above ground level will create or may create fire protection problems. In considering a
request for a permit, the Town Board may invite appropriate officials of fire or other public safety
agencies to appear and offer recommendations. The Board may attach such conditions as it deems
reasonable and necessary, based upon advice of fire and public safety officials, to the granting of the
permit.
(4) Planned unit developments as approved through the provisions of this chapter. [Added 7-7-20081
E Setbacks from private roads. All setback requirements of this chapter shall also be applicable to private
roads and easement access rights-of-wad
§ 105-8 Residence District.
A. Statement of purpose. The residence district is created to establish and protect the essential
characteristics of areas within which predominantly low-density residential use should occur, along with
certain community and recreational uses to serve the residents of the district. Multiple-family residential
uses shall be allowed as special exception uses where permitted by the Town Board upon application of
standards intended to protect the public interest.
B. Permitted uses.
(1) Single-family, two-family dwellings.
(2) Churches,public and parochial schools.
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(3) Lodging or boarding house restricted to not over five boarders or lodgers not members of the resident
family.
(4) Public buildings, except sewage disposal plants, garbage incinerators and buildings for the repair or
storage of road building or maintenance equipment.
(5) Accessory buildings, including private garages and buildings clearly incidental to the residential use of
the property;provided, however, that no accessory building may be used as a separate dwelling unit.
(6) Private clubs and fraternities, except those whose principal activity is a service customarily carried on as
a business.
(7) Gardening and nurseries for propagation of plants only.
(8) Nonprofit public and private parks and playgrounds, including swimming pools, golf courses, tennis
courts and picnic grounds. Such uses shall provide sufficient yard area to provide a buffer space and
adequate parking facilities according to the following guidelines:
(a) No yard shall be less than 25 feet wide, except that no such yards need be provided adjacent to the
fairways and greens of golf courses.
(b) Each such yard shall be increased for the following:
[1] For swimming pools larger than 40 feet by 60 feet, one foot additional of yard for each additional two
feet of width or length of the pool, in the direction of such additional width or length.
[2] For picnic grounds having seating arrangements for more than 40 persons, 10 feet of additional width on
every yard for each additional 10 persons or fraction thereof which such picnic ground is designed for or
equipped to accommodate.
(c) Any such yard which abuts on a public street or highway may be reduced by 1/2 the width of such street
or highway, but in no case to less than 15 feet.
(d) Each yard shall be left in its natural condition, and the natural vegetation of the area, including grasses,
flowers, shrubs and trees, except noxious plants, trees and weeds, shall be allowed to grow and develop,
or other vegetation of equivalent density shall be planted therein, so as to provide a natural screen
between the park or playground and neighboring residential areas, so that such yards are, so far as
possible, unused and unusable for the general purposes of such parks and playgrounds.
(e) The above regulations shall be mandatory as applied to any park or playground established by any
agency within the Town of Hudson.
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(9) Telephone, telegraph and power distribution poles and lines and necessary appurtenant equipment and
structures, such as transformers, unit substations and equipment housing relative thereto, and provided
that there is no service garage or storage yard.
(10) Home occupation, when such occupation is incidental to the residential use of the premises and does not
involve any external alteration that would effect a substantial change in the residential character of the
building or neighborhood,provided that no person other than a member of the resident family is
employed on the premises.
(11) Professional office, when such office is conducted solely by a member or members of the resident
family, entirely within the residence and incidental to the residential use of the premises,provided
further that there shall be no external alterations that would effect a substantial change in the residential
character of the building, that no more than 50% of only one floor of the dwelling shall be devoted to
such offices and that not more than two persons not members of the resident family may be employed in
nonprofessional capacities in any such office, and that only one unlighted nameplate, not exceeding one
square foot in area, containing the name and profession of the occupant shall be exhibited.
C. 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.
D. Height. No building shall be more than 35 feet in height, with height measurements commencing at the
level of the lowest usable floor(basement or ground story);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.
E. 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
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the main building, they shall be considered to be as one and the conditions set forth in Subsection E(1)
above shall rule.
F. Rear yard. There shall be a rear yard of not less than 25 feet in depth for any main building. Accessory
buildings shall be provided with a minimum rear yard of not less than three feet.
G. Special exceptions. The following uses may be allowed as a special exception upon approval by the
Town Board as provided in § 105-33.
(1) Microwave relay structures.
(2) Multiple-family dwellings in excess of two units. Developments approved shall be subject to the
provisions of§ 105-8C, D, E and F above. In order to grant a special exception for multiple-family
uses, the Town Board shall find that the following conditions are present:
(a) The establishment of the use will not be detrimental to or endanger the public health, safety, morals,
comfort or general welfare.
(b) The uses, values and enjoyment of other property in the neighborhood shall be in no foreseeable manner
substantially impaired or diminished by the establishment of the use.
(c) The establishment of the use will not impede the normal and orderly development of the surrounding
property for uses permitted in the district.
(d) Adequate utilities, access roads so designed as to minimize traffic congestion on public streets or
highways and other hazards, drainage and other necessary site improvements have been provided. The
Board may require a bond or other security to assure completion of agreed improvements.
(3) Farming and raising or maintaining farm animals (except chickens). In order to grant a special exception
for farming or raising or maintaining farm animals (except chickens), the Town Board shall find that all
of the following conditions are present:
(a) Conditions listed under special exceptions in Subsection G(2)(a), (b) and (c) above;
(b) No farm shall be operated for disposal of sewage, rubbish or offal, or for commercial raising of stock or
poultry;
(c) Raising or maintaining of farm animals (except chickens) on nonfarm parcels shall be allowed only on
lots of 1.5 acres or larger, and the total population of such animals shall not exceed one per acre.
(d) Animal shelters, barns, corrals, feedlots and other farm or animal structures shall be located more than
50 feet from any lot line.
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(4) Wells, water storage tanks and water distribution systems for central water systems, and central septic
servicing more than one property.
(5) Medical or dental institutions and clinics, when buildings are devoted wholly or partly to such uses, and
when they front on Class A, B or C Highways.
(6) Day-care centers.
(a) Residential day-care center.
(7) Raising or maintaining chickens with thefollowing conditions:
(a) No more than twelve (12) female chickens (hens) are allowed.
(b) Roosters are not allowed.
(c) Guinea hens are not allowed.
(d) HousiLg facility for the chickens must be located at least 50 feet from anv property line.
(e) Chickens must be kept in the housing shelter or fenced in rear and/or side yard area at all times.
(fl Conditions apply to property owner or a tenant with written consent of the property owner to be
available upon request.
(g) Anv other conditions as determined by the Town Board.
(h) Anv violation to this section is subiect to §105-34 and Chapter 32 Citations.
§ 105-9 Agricultural District.
A. Statement of purpose. The Agricultural District is created to establish and protect areas within which
agricultural uses may exist and prosper free from future intrusion from residential developments and
other urban land uses. It is intended to avoid the operational conflicts which occur when farm and
nonfarm residential uses become interspersed and to reduce the adverse pressures upon farm livelihood
caused by speculative land values and consequent increases in property tax levies upon farmlands.
B. Permitted uses.
(1) General farming, including dairying, livestock and poultry raising (except chickens), nurseries,
greenhouses and other similar enterprises or uses except for farms operated for the disposal or reduction
of garbage, sewage, rubbish or offal,provided that no commercial greenhouses or buildings for the
housing of livestock or poultry shall be located within 100 feet of any boundary of a residential lot other
than that of the owner or lessee of such greenhouse or building containing such livestock or poultry.
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(2) Single-family residential dwelling or structures accessory to such use,provided that not more than two
such dwelling units may be established upon a tract of land which existed as a single tract or parcel on
the effective date of this chapter, and provided further that such dwelling is built to be occupied by a
farm operator or employee.
(3) Roadside stands.
C. Minimum lot area. The s of§ 105 8C shall app'y. 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 ofHudson Subdivision Ordinance, as adopted Angust 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.
D. Height. The pr-evisions f§ 105 8D shall ply t ktildings , e f9-i.,,ma i.abit pie . No building
used for human habitation shall be more than 35 feet in height, with height measurements commencing
at the level ofthe lowest usable floor (basement or ground story);provided, however, that residential
buildings may be increased in height by not more than 10 feet or one story when all vards and other
required open spaces are increased in width by one oote or each°foot in height by which such building
exceeds the normal height limit of the district.
E. Side yard. The previsions of§ 105 8E shall app There shall be a side yard on each side ofa
building.
(I) The aggregate width of the side vards for the main building shall not be less than 25 feet and no sin lie
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 ofrecord as such at the date ofthe passa ego this chapter, the
aggregate width ofthe side yard shall be equivalent to three inches for each foot ofthe lot width and no
sin lg e side yard shall be less than 40% ofthe aggregate width,provided further that the buildable width
ofanv lot shall not be reduced to less than 24efeet.
(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, thev shall be considered to be as one and the conditions set forth in Subsection ELI)
above shall rule.
F. Rear yard. The r,-evisi^„s of§ 105 QF shall app There shall be a rear ward ofnot less than 25 feet in
depth for anv main building. Accessory buildings shall be provided with a minimum rearward ofnot
less than three feet.
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G. Special exceptions. The following uses may be allowable within the Agricultural District as a special
exception upon approval by the Town Board:
(1) Quarrying or gravel pits, when located not less than 200 feet from any abutting highway right-of-way
line, nor shall any of its operational facilities such as buildings,parking lots, storage yards or stockpiles
be located closer than 100 feet to the setback line, and provided that the owner of the premises and the
operator shall file an agreement, accompanied by a surety bond or other financial guaranty, for the
restoration, within one year after discontinuing operations, of the site to a condition of practical
usefulness and physical attractiveness. Minimum requirements for restoration shall be the elimination of
all water holes by filling and the grading and side sloping of any area disturbed by the quarrying
operation to the minimum angle of repose of the slope material or a 1 1/2 to 1 slope, whichever is the
lesser. A quarry or gravel pit where operations have been discontinued for one year shall not be opened
or operated again without a new special exception permit.
(2) Licensed game management or fur farms governed by Chapter 29 of the Wisconsin Statutes.
(3) Telephone, telegraph and power transmission towers,poles and lines, including transformers,
substations, relay stations, equipment housings and other similar necessary appurtenant facilities; natural
gas substations; radio and television stations and transmission towers and microwave radio relay towers,
provided that such facilities are found to be necessary and to be located so as to avoid unreasonable
interference with agricultural operations.
(4) Limited commercial recreational activities which are found to be subordinate to the primary agricultural
use of the property, which are compatible with the agricultural use on that and surrounding properties,
and which are not likely to attract other related uses.
(5) Temporary uses not exceeding six months in duration which uses are found by the Town Board to be
compatible with the applicable zoning requirements of this district. Not more than one six-month
extension of a temporary use granted under this subsection shall be allowed.
(6) Raising or maintaining chickens for lots less than 20 acres with the ollowing conditions:
(a) No more than twelve (12) female chickens (hens) are allowed.
(b) Roosters are not allowed.
(c) Guinea hens are not allowed.
(d) Housing faciliLr for the chickens must be located at least 50 feetefrom anv property line.
(e) Chickens must be kept in the housing shelter or fenced in rear and/or side yard area at all times.
(fi Conditions aply to property owner or a tenant with written consent ofthe property owner.
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(g) Anv other conditions as determined by the Town Board.
(h) Anv violation to this section is subject to �105-34 and Chapter 32 Citations.
(7) Raising or maintaining chickens for lots 20 acres or more with the ollowing conditions:
(a) Roosters are not allowed.
(b) Guinea hens are not allowed.
(c) HousiLg facility for the chickens must be located at least 50 feet from anv property line.
(d) Chickens must be kept in the housing shelter or fenced in rear and/or side yard area at all times.
(e) Conditions apply to property owner or a tenant with written consent of the property owner.
(� Anv other conditions as determined by the Town Board.
(g) Anv violation to this section is subject to §105-34 and Chapter 32 Citations.
H. Agricultural warehouses, agricultural shops and agricultural storage yards,provided that any such use
shall be located not less than 100 feet from the nearest boundary of any lot used for the same purpose.
[Added 10-10-20011
§ 105-10 Agricultural/Residential District.
A. Statement of purpose. The agricultural/residential district is created to establish areas within which
agricultural uses, commercial uses serving agriculture, limited commercial and institutional uses, and
limited residential uses may be located. This district is intended to include areas in which exclusivity of
agricultural use on an area-wide basis is not warranted because of such factors as the existence of mixed
uses prior to the date the district was established and located, demonstrated or expected ability of farm
and selected nonfarm uses to exist in close proximity without undue conflict or a determination that the
area is in a state of transition to urban-residential character.
B. Permitted uses.
(1) Generale arming including dairying, livestock and
poultry raisin (g except chickens), nurseries, greenhouses and other similar enterprises or uses except
or farms operated for the disposal or reduction ofgarbyge, sewage, rubbish or o provided that no
commercial greenhouses or buildings for the housing oflivestock or poultry shall be located within 100
feet ofanv boundary ofa residential lot other than that of the owner or lessee ofsuch,greenhouse or
building containing such livestock or poultry_
(2) Single-family residential dwelling or structures accessory to such use,provided that not more than two
such dwelling units may be established upon a tract of land which exists as a single tract or parcel on
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Chapter 105 Zoning
the effective date o this chapter, and provided further that such dwelling is built to be occupied by a
arm operator or emplovee.
(3) Roadside stands.
t4L_Raising or maintaining farm animals (except chickens) in connection with a single-family or two-family
dwelling under § 105-1OG(3)(a). The standards of§ 105-8G(3)(c) and (d) shall apply to the raising or
maintaining of such animals on nonfarm parcels in the district.
(5)Single-family residential dwellings and structures ancillary to such use when located on parcels of land
not less than 20 acres in size.
jL6�Residential day-care facility.
C. Minimum lot area. . Building or parts of
buildin sg hereafter erected or structurally altered shall provide a lot area con orming to the minimum
lot size standard specified in�90-6C of Chypter 90, the Town ofHudson 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.-
D. Height. . No buildiw
used for human habitation shall be more than 35efeet in height, with height measurements commencing
at the level of the lowest usable° oor (basement or ground story);provided, however, that residential
buildings may be increased in height by not more than 10 feet or one story when all vards and other
required open spaces are increased in width by one oote or each°foot in height by which such building-
exceeds the normal height limit of the district.
E. Side yard. . There shall be a side yard on
each side o a building
(1) The aggr!�,gate width of the side vards 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 o the passa ego this chapter, the
aggregate width of the side yard shall be equivalent to three inches° or each°foot of the lot width and no
sin lg e side yard shall be less than 40% o the aggr!�gate width,provided further that the buildable width
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Chapter 105 Zoning
ofanv lot shall not be reduced to less than 24sfeet.
(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, thev shall be considered to be as one and the conditions set forth in Subsection E(1)
above shall rule.
F. Rear yard. The pr-evisions of§ 105 8F shall apply to r-esi ential par-eels. There shall be a rear yard of
not less than 25 feet in depth for anv main building. Accessory buildings shall be provided with a
minimum rear ay rd ofnot less than three feet.
G. Special exceptions.
(1) An application for approval of a major subdivision, minor subdivision or agricultural parcel in the
Agricultural/Residential District may include a request for issuance of a special exception for single-
family or two-family dwellings upon the lot or lots to be created; and the Town Board at the time of
approving the application for the subdivision or agricultural parcel may also grant a special exception
permit allowing a single-family or two-family dwelling upon some or all of the lots created.
(2) A special exception permit for one single-family dwelling is hereby allowed without further Town
Board action for each lot or parcel created by a previously approved and recorded certified survey map
or conveyance not requiring approval at the time it was recorded, or prior survey approved in writing by
the St. Croix County Zoning Authority as a land division existing before October 22, 1974; provided,
however, that application for a building permit must be made to the Building Inspector/Zoning
Administrator. In the area zoned Residence by the amendment passed April 18, 1977 and subsequently
rezoned Agricultural/Residential, a special exception permit is hereby allowed for a single-family
dwelling and accessory building, including private garages and building clearly incidental to the
residential use of the property.
(3) The following uses may also be allowed within the Agricultural/Residential District as a special
exception upon approval of the Town Board, as provided in § 105-33:
(a) Single-family and two-family dwellings. In order to grant a special exception for such dwellings, the
Town Board shall find the following conditions present. Allowance of such a special exception under
this subsection or the preceding subsections of this § 105-1OG shall include the right to carry on a home
occupation and maintain a professional office subject to all the limitations contained in § 105-8B(l0)
and (11)relating to permitted uses in the residential district.
[1] The establishment of the use will not be detrimental to or endanger the public health, safety, morals,
comfort or general welfare, nor jeopardize existing adjoining agricultural uses.
[2] The land for which the building is proposed meets all the suitability standards of§ 90-6 of Chapter 90,
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Chapter 105 Zoning
the Town Subdivision Ordinance.
[3] Adequate facilities, access roads so designed as to minimize traffic congestion on public streets or
highways and other hazards, drainage and other necessary site improvements have been provided. The
Board may require a bond or other security to assure completion of the agreed improvements.
(b) Wells, water storage tanks and water distribution systems for central water systems, and central septic
systems servicing more than one property.
(c) Medical, correctional or charitable institutions, when buildings devoted wholly or partly to such uses or
accessory thereto shall be distant not less than 50 feet from any lot line shared with premises used for
residential purposes.
(d) Kennels, when located not less than 700 feet from any lot line shared with premises devoted to
residential uses, by persons other than that of the owner of such kennels, his family, agents, employees
or tenants.
(e) Quarrying or gravel pits, when located not less than 200 feet from any abutting highway right-of-way
line, nor shall any of its operational facilities such as buildings,parking lots, storage yards or stockpiles
be located closer than 100 feet to the setback line,provided that the owner of the premises and the
operator shall file an agreement, accompanied by a surety bond or other financial guaranty, for the
restoration, within one year after discontinuing operations, of the site to a condition of practical
usefulness and physical attractiveness. Minimum requirements for restoration shall be the elimination of
all water holes by filling and grading and side sloping of any area disturbed by the quarrying operation
to the minimum angle of repose of the slope material or a 1 1/2 to 1 slope, whichever is lesser. A quarry
or pit where operations are discontinued for one year shall not be opened or operated again without a
new special exception permit.
(f) Licensed game management or fur farms as set forth in Chapter 29 of the Wisconsin Statutes.
(g) Mobile home parks, subject to the provisions of the Town Mobile Home Ordinance adopted February 7,
1972, which is adopted herein by reference.
(h) Dams,power plants, flowage areas, telephone, telegraphs and power transmission towers,poles and
lines, including transformers, substations, relay stations, equipment housings and other similar necessary
appurtenant facilities, radio relay towers,provided that such facilities are found to be necessary and to
be located so as to avoid unreasonable interference with other uses permitted or existing in the district.
(i) Winter sports areas for skiing, skating, sliding, snowmobiling, snow shoeing, snow tubing, and other
like activities, including the operation of tows, clubhouses and related facilities, but not including the
promotion of racing as a spectator sport.
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Chapter 105 Zoning
(j) Rodeos, rodeo-type sports and riding stables and arenas, including all buildings, structures and facilities
incidental thereto.
(k) Limited commercial recreational activities which are found to be subordinate to the primary agricultural
use of the property which are compatible with the agricultural use on that and surrounding properties,
and which are not likely to attract other related commercial uses.
(1) Agricultural supply business such as farm machinery dealers and seed, fertilizer and chemical dealers,
and industries which process agricultural products largely produced on nearby farms, also nursery which
includes landscape supply business whose property has frontage on a state or county highway.
[Amended 5-9-2006; 6-1-20061
(m) Veterinary medical facilities.
(n) Temporary uses not exceeding six months in duration, which uses are found by the Town Board to be
compatible with the applicable zoning requirements of this district. Not more than one six-month
extension of a temporary use granted under this subsection will be allowed.
(o) Churches; public and parochial schools when the Town Board determines road infrastructure is
adequate. [Amended 11-9-20061
(p) Wind energy systems. [Added 10-10-2001; amended 2-5-20131
[1] The Town adopts by reference § PSC 128.10-19, Wis. Adm. Code, as the minimum standards and
requirements for any wind energy system within the Town.
[2] Small wind energy systems, as defined by § PSC 128.01(2), Wis. Adm. Code, shall be regulated
pursuant to PSC 128.10(5)
[3] The Town adopts by reference the application procedures pursuant to § PSC 128.30-34, Wis. Adm.
Code.
[4] Any modifications to an existing wind energy system must comply with § PSC 128.35, Wis. Adm.
Code.
[5] The Town adopts by reference the monitoring procedures pursuant to § PSC 128.36, Wis. Adm. Code.
[6] Fees. An initial application fee of$190 as setsforth from time to time by resolution ofthe Town Board is
required upon submittal of an application. In addition, all costs incurred by the Town for reviewing and
processing the application, including the costs of any outside consultants required by the Town, shall be
reimbursed by the applicant, r-e"eed by toe initial fee of$100
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(q) Youth-oriented recreational facilities owned and operated by nonprofit organizations or governmental
entities. [Added 12-29-20081
[1] No significant opposition from surrounding property owners.
[2] Frontage on federal, state or county highways.
[3] Operations during daylight hours only.
[4] No stadium lighting.
[5] Schedule of events be provided to Town Board yearly.
[6] No amplified sound systems.
[7] Not including motorized activities.
[8] Site plan approval required for all improvements.
(4) RaisiLg or maintaining chickens for lots less than 20 acres with the followiLg conditions:
(a) No more than twelve (12) female chickens (hens) are allowed.
(b) Roosters are not allowed.
(c) Guinea hens are not allowed.
(d) Housing facility for the chickens must be located at least 50 feet from anv property line.
(e) Chickens must be kept in the housing shelter or fenced in rear and/or side yard area at all times.
(� Conditions apply to property owner or a tenant with written consent of the property owner.
(g) Anv other conditions as determined by the Town Board.
(h) Anv violation to this section is subject to §105-34 and Chapter 32 Citations.
(5) Raising or maintaining chickens for lots 20 acres or more with the following conditions:
(a) Roosters are not allowed.
(b) Guinea hens are not allowed.
(c) Housing faciliLr for the chickens must be located at least 50e eetefrom any property line.
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Chapter 105 Zoning
(d) Chickens must be kept in the housing shelter or fenced in rear and/or side vard area at all times.
(e) Conditions apply to property owner or a tenant with written consent of the property owner.
(� Anv other conditions as determined by the Town Board.
(g) Anv violation to this section is subject to §105-34 and Chapter 32 Citations.
§ 105-11 Conservancy District.
A. Statement of purpose. The Conservancy District is established to preserve and perpetuate in an open
state certain areas such as lowland swamps, marshes and wetlands, floodplains and streambeds, slopes,
bluffs, wooded areas and other areas of aesthetic value which, because of their unique physical features,
are deemed desirable to be retained for the benefit of this and future generations. The regulations of the
Conservancy District are intended not only to preserve and perpetuate open space land and water areas
consistent with the intent and purpose of this chapter, but also to protect the community and the county
from costs and consequences which may be incurred when unsuitable development occurs in such areas.
B. Permitted uses.
(1) The harvesting of any wild crop such as marsh hay, ferns, wild rice, berries, tree fruits and tree seeds;
(2) Sustained yield forestry;
(3) Hunting, fishing, trapping,preservation of scenic, historic and scientific areas, wildlife preserves;
(4) Nonresident buildings used solely in conjunction with the raising of waterfowl, minnows and other
similar lowland animals, fowl or fish;
(5) Hiking trails or bridle paths;
(6) Accessory uses;
(7) Public and private parks,picnic areas, golf courses and similar uses.
C. Special exceptions. The following uses may be allowed upon issuance of a special exception permit as
provided in § 105-33 of this chapter and the prior issuance of any state required permit:
(1) General farming,providing farm animals shall be kept at least 100 feet away from any nonfarm
residence.
(2) Dams,power plants, flowages,ponds, utility uses such as, but not restricted to, telephone, telegraph and
power transmission lines.
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(3) Relocation of any watercourse.
(4) Filling, drainage or dredging of wetlands.
(5) Removal of topsoil or peat.
(6) Cranberry bogs.
(7) Piers, docks, boathouses.
(8) Temporary uses not exceeding six months in duration which uses are found by the Town Board to be
compatible with the applicable zoning requirements of this district. Not more than one six-month
extension of a temporary use granted under this subsection shall be allowed.
§ 105-12 Commercial District.
A. Statement of purpose. The Commercial District for the Town of Hudson is created for the following
reasons:
(1) To establish and protect locations in which compatible commercial uses may be located. Within this
district, residential development, manufacturing and industrial uses and nonretail commercial
enterprises are not permitted.
(2) To provide commercial and professional services to meet the needs of the community.
(3) To promote a high quality of commercial design and development that produces a positive visual image
and minimizes the effects of traffic congestion, noise, odor, glare and other similar safety problems to
the residents of the Town of Hudson.
(4) To provide economic and job opportunities to residents of the community.
(5) To provide opportunities for retail stores, offices and service establishments to concentrate in
convenient locations for benefit of the general public and in mutually beneficial and supportive
locations to each commercial use.
B. The following are uses permitted in the Commercial District. Any use not listed as a permitted use shall
be deemed to be a prohibited use. [Amended 10-10-20011
(1) Bakeries.
(2) Barber or beauty shops.
(3) Banks and financial institutions.
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Chapter 105 Zoning
(4) Book and stationery stores.
(5) Automotive accessory stores, including service, tires and automotive parts.
(a) Used vehicle sales as a permitted use in the Commercial District,provided this is ancillary to a primary
use relating to an automotive repair facility located on the same site, owned by the same entity, with the
building size a minimum of 5,000 square feet and a minimum of 1,000 square feet inside the showroom,
state licensed and the number of vehicles limited to 10. [Added 8-5-20081
(6) Camera and photographic shops.
(7) Clothing and dry good stores.
(8) Drugstores and pharmacies.
(9) Dry-cleaning and laundry establishments.
(10) Electrical, household appliance, radio, television and computer sales and service.
(11) Fabric stores.
(12) Florist shops.
(13) Food and convenience shops.
(14) Furniture and flooring stores.
(15) Gift, variety stores and antique shops.
(16) Gasoline stations primarily used by residents and the traveling public operating automobiles as defined
in Section 340.01 (4) of the Wisconsin Statutes.
(17) Greenhouse when the primary use is the direct selling of retail goods and items to the public.
(18) Hardware and paint stores.
(19) Hotels and motels.
(20) Interior decorating stores and shops.
(21) Grocery stores and supermarkets.
(22) Jewelry stores.
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Chapter 105 Zoning
(23) Health and athletic clubs, including such uses as tennis, racquetball, basketball, swimming, running
tracks and exercise rooms.
(24) Art and photo galleries.
(25) Liquor stores which are for off-sale only.
(26) Medical and dental facilities and stores which are related to the medical industry. [Amended 4-2-2001
by Ord. No. 04-02-011
(27) Mortuaries and funeral homes.
(28) Music stores.
(29) Office equipment and office supply stores.
(30) Offices, including both business and professional.
(31) Optical and eyewear stores.
(32) Pet shops.
(33) Photography stores and studios.
(34) Picture framing and picture stores.
(35) Restaurants, drive-in restaurants and eating establishments and those having le a liquor license
(36) Shoe stores and shoe repair shops.
(37) Shopping centers. (The total development plan for a shopping center to be approved by the Town Board
must contain at least five contiguous acres to be considered for development as a shopping center.)
(38) Sporting goods and athletic shops.
(39) Skating rinks and bowling alleys.
(40) Theaters, excluding outdoor or drive-in facilities.
(41) Travel agencies.
(42) Veterinarian clinics.
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Chapter 105 Zoning
(43) Fiber optic regeneration plant.
(44) Campground.
(45) Cabinet/fixture assembly shop with retail showroom.
(46) Mini storage. A series of ba-ys, fie wider-4iaa 20 feet, fie lenger-than 40 feet, eenneeted to eaeh et4er-
than the or-iginal lease of spaee is pefmit4ed. The retail sale of storage, paeking and Pliesby
46 Nonresidential day-care facility.
494-
47 Self-contained, automatic automobile and light truck vehicle wash.
094
48 Car dealerships whose primary purpose is the sale of new cars,provided the dealership is located on a
minimum of five acres with a showroom and offices, with a minimum building size of 5,000 square feet
and providing at a minimum warranty service.
49 Licensed and accredited private/public vocational school.
05-0
50 Sales, service, and rental of compact construction equipment under 20,000 pounds, such as skid loaders,
and lawn care accessory equipment. [Added 3-31-20151
C. Special limitations and conditions on permitted uses. In addition to other general requirements described
within this section, other special limitations or requirements shall apply within the Commercial District.
(1) A commercial use or service not listed in § 105-12B, Permitted uses, above, will have to be approved by
the Town Board. Such approval will first require a recommendation of the commercial use or service by
the Town Plan Commission and subsequent approval by the Town Board. Any negative
recommendation by the Town Plan Commission shall require a 2/3 majority vote of the Town Board for
approval to be granted. A public hearing held according to § 105-40, Hearings, and the subsequent
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Zoning Code amendment of§ 105-12B will be required to include the use as a permitted use. In
addition, the same amendment process must be utilized to delete any uses from § 105-12B. [Amended
3-2-2010]
(2) Temporary uses are permitted but shall not exceed six months in duration after being found by the Town
Plan Commission and the Town Board to be compatible with the permitted uses and requirements of the
Commercial District. [Amended 3-2-20101
(3) Outside storage. All materials, supplies, merchandise and other similar materials not on display for
direct sale, rental or lease to the consumer shall be stored within the principal structure, a freestanding
building, or be located or screened with an adequate buffer (fence, wall or earth-berm) so as not to be
visible from any adjoining properties or public streets. In addition, no materials or goods for retail sale
to the public shall be allowed to block sight lines of vision of individuals driving cars on public roads.
The storage or display of materials for retail sale to the public shall be prohibited within any required
front, side or rear yards. At service stations and gas stations, no vehicles shall be parked on the premises
other than those utilized by employees or those awaiting service. No vehicle shall be parked or be
awaiting service longer than 21 days. No exterior maintenance or working on vehicles (changing
engines, oil changes and engine maintenance) shall occur. All such activities shall occur within the
principal structure on the premises.
(4) Refuse containers and garbage dumpsters. All on-site refuse containers and garbage dumpsters shall be
located totally within the principal building on the lot or shall be located and stored within an accessory
structure or screened fence located in the rear yard of the property. Said accessory structure shall have
the same exterior finish, materials and colors as the main structure on the property or at a minimum
painted decorative concrete block construction. Under no circumstances shall the walls of the accessory
structure or screened fence be less than five feet in height.
(5) Minimum building size. The minimum building size for any structure housing one or more principal
uses in the Commercial District shall be at least 1,000 square feet of gross floor area within the first, or
ground, floor. For the purposes of this Zoning Code, the principal use shall be defined as the main, or
principal, use to which the premises are devoted and the principal purpose for which the premises exist.
(6) Building design and construction. In addition to any other restrictions of this Zoning Code and of the
Building Code in effect in the Town of Hudson, the use, construction, alteration or addition to any
building or structure within the Commercial District shall meet the following standards:
(a) A41 Each exterior wall f4nishes finish on any building shall be one or any combination of the following:
[1] Face brick.
[2] Natural stone.
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Chapter 105 Zoning
[3] Specially designed precast concrete units if the surfaces have been integrally treated with an applied
decorative or textured treatment.
[4] Glass.
[5] Wood.
[6] Architectural masonry block.
[7] Factory fabricated and finished metal framed panel construction is permitted only if the panel materials
on the exterior surface are combined with any of the surface materials mentioned above to provide a
wainscoting appearance. I this option is chosen, the minimum usage shall be walls° acin street(s)
treet(s)
and/or the principal buildiLg entrance. In addition, a sufficient number of windows shall be present to
present a street view that is consistent and harmonious with neighboring properties. [Amended 8-7-
2018 by Res. No. 19-20181
(b) All subsequent additions, exterior alterations on the principal structure and any accessory buildings
which are constructed after the erection of the original building, or buildings, are subject to the
provisions in this Zoning Code and will be subject to review of a site plan and approval of said site plan
by the Town Board.
(7) Specific standards for automobile service and gas stations. Automobile service centers and gas stations
are permitted uses within the Commercial District, however, other conditions shall apply:
(a) All hydraulic hoists,pits, lubrication, washing, car repair and diagnostic equipment shall be used, stored
and located within the principal structure.
(b) No buildings, driveway surfaces,parking areas or other improvements shall be located within 150 feet
of any portion of a lot in a residential district if not separated by a Town road, or within 100 feet if
separated by a Town road.
(8) Interior concrete curbs of not less than six inches in height shall be constructed to separate driving
surfaces from any sidewalks, landscaped areas and streets for the perimeter of the parkiLg area. This
standard shall apply to all development within the Commercial District.
(9) All driveways, driving surfaces and parking areas within any development in the Commercial District
shall be constructed with asphalt or concrete. The Town Board may designate, at the applicant's
expense, a professional engineer to review all plans and make recommendations to the Town Board
prior to final approval.
(10) Off-street parking areas. Any change of use, tenancy or occupancy of an existing development,
including an addition to an existing building, is subject to requirements of this section.
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Chapter 105 Zoning
(a) All required off-street parking spaces shall be located on the same lot of the principal development.
(b) Each off-street parking space shall be at least 9 feet in width, at least 20 feet in length, and at least
vertical clearance of 6 1/z feet. Handicapped parking spaces shall be provided in accordance with the
current applicable Wis. Statutes and Wisconsin Administrative Code sections.
(e) Dr-ivi,,g Ones shall be at least 24 feet i width, farkiLg lot aisle minimum width shall be as follows:
Angle of Parking (degrees) Width of two-way drive aisle Width of one-way drive aisle
(feet-inches) (feet-inches)
0 22-0 12-0
45 22-0 12-10
60 22-0 14-6
75 24-0 17-10
90 24-0 24-0
(d) All off-street parking and loading spaces shall have access from driving lanes and not directly from the
public street.
(e) Fire access lanes shall be provided as required by the building or fire code.
(f) No parking space shall be closer than five feet to any building.
(g) All open off-street parking areas designed to have parking along the property line shall be at least five
feet from the property line. Any open off-street parking area adjacent to the principal building shall
provide a permanent bumper curbibarrier not less than five feet from the building.
(h) No building for which off-street parking space is required may be added to, structurally altered or
converted in use so as to encroach upon or reduce the parking space below the required minimum.
(i) No required parking space may be used for storage, display, sales, rental, repair or snow. Spaces may be
used for vehicles awaiting service at repair facilities. There shall be no parking spaces in any vision
clearance triangle.
(j) All parking spaces shall be graded and surfaced with a dust free, bituminous or concrete surface to
prevent the accumulation of surface water. Required and proper drainage shall be provided.
(k) Signage and striping shall be provided for direction of traffic movement.
(1) Space for loading and unloading cargo shall be provided on the site and shall not interfere with the
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Chapter 105 Zoning
vehicle circulation for the facility.
(m)Facilities not addressed specifically in this chapter shall provide at least one off-street parking space for
each 200 sq. ft. ground floor area plus at least one additional parking space for each 500 sq. ft. of upper
floor area, exclusive of adequate ingress and egress driveways to connect with a public road.
(n) Theaters, churches, auditoriums, lodges or fraternity halls and similar places of public assemblage shall
provide at least one parking space for each 7 seats.
(o) Motels, hotels and lodging houses shall provide at least one parking space for each guest room.
(p) Restaurants, taverns and similar places for eating and for refreshments, except curb service
establishments, shall provide at least one parking space for each 50 sq. ft. of floor space devoted to the
use of the patrons in addition to the facility requirements.
(q) Funeral homes and mortuaries shall provide at least one parking space for each 50 sq. ft. of space devoted
to parlors.
(r) Service stations shall provide parking for all vehicles used directly in the conduct of the business, plus 2
spaces for each gas pump,plus 3 spaces for each grease rack.
(s) Public parks and playgrounds shall provide one space for each 4 persons designed to be accommodated.
(t) Any use not specifically named shall be assigned to the most appropriate classification by the
Building/Zoning Administrator.
(11) Lighting. Lighting shall be energy efficient and appropriate to avoid undesirable side effects including
glare, sky glow and light trespass onto adjacent properties. Lighting fixtures shall add to the character
of the building and provide safety and security. Fixtures and their illumination shall complement and
enhance the architectural character of buildings and surrounding area. All developments are required to
have a lighting plan.
(a) All lighting must be the minimal subjective amount needed for safety and security and downward
directed and shielded away from neighboring properties to prevent glare or illumination of adjoining
properties.
(b) All wiring shall be underground.
(c) Floodlights and spotlights are not permitted for general lighting purposes.
(d) All perimeter lighting shall be shielded and aimed so that illumination is directed only to the intended
area and not cast on other areas or adjacent properties or roads.
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Chapter 105 Zoning
(e) If building facades are illuminated then they must be full cutoff luminaries attached to the building or in
the roof overhang.
(f) Parking lots shall be uniformly lighted and not shed light on adjacent properties. In no case shall such
lighting exceed 3 foot candles measured at the lot line.
(g) Bare light bulbs shall not be permitted in view of adjacent property or public rights-of-way. No light or
combination of lights which cast light on a public street shall exceed one foot candle meter reading as
measured from the center line of said street, nor shall any light or combination of lights which cast light
on residential property exceed 0.4 foot candle.
(h) Lighting standards shall not exceed 30 feet or the height of the principal building on the lot, whichever is
less.
(i) All illumination of signs and any other outdoor feature shall not be of a flashing, moving, or intermittent
type. The only exception to this shall be signs of a public service nature, such as time and temperature
and those providing recurring public service messages.
0) Landscape lighting shall use minimum power lamps to achieve architectural objectives, and shall neither
cause glare, light trespass, or excessive sky glow.
(12) Landscaping. All developments are required to have a landscape plan.
(a) The development should retain existing trees, shrubbery and grasses not located in rights-of way,
drainageways and vision triangles and are to be shown on the landscape plan.
(b) A minimum of at least 20% of the area within the property lines of each lot shall be devoted to landscape
purposes.
(c) Invasive species are not allowed.
(d) Buffer area or screening is required as designated elsewhere in this chapter. Berms may be used as per
any applicable regulations.
(e) Any lot that abuts or is across from a residential area shall have perimeter landscape screening that will
substantially screen parking areas and headlights from vehicles.
(f) Landscaped islands are preferred for larger parking lots.
(g) Any existing area within the road right-of-way that is not constructed to town standards and adjacent to
the development site shall be included in the landscape plan to include seeding or sodding of grass.
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Chapter 105 Zoning
(h) Evergreen trees and/or shrubs should be placed to screen service delivery areas, loading docks and
outside building service equipment.
(i) Requirements.
[1] Developments are required to have a minimum of one overstory deciduous or coniferous tree for every 75
feet of site perimeter. Overstory deciduous trees shall be a minimum of 2 1/z inches in caliper.
Coniferous trees shall be a minimum of six feet in height.
[2] Developments are required to have one coniferous tree a minimum of six feet high or one deciduous tree
of 2 1/z inches caliper or a combination of deciduous and coniferous shrubs for every 100 feet of frontage
along all public or private streets. These trees or shrubs must be planted within 20 feet of the property
line (exclusive of rights-of-way) abutting the public or private street.
[3] All plantings shall be appropriately spaced according to growth requirements of the species.
[4] Credits will be given for existing trees or shrubs within the property line meeting the minimum standards
for new plantings.
[5] The property owner shall be responsible for maintenance and replacement of items as necessary that are
part of the approved landscape plan.
D. Access.
(1) Access to commercial activities shall be allowed only from major collector and minor collector streets,
or a street specifically designed for such development. Applicants are encouraged to review the Town of
Hudson Comprehensive Plan to determine the functional and jurisdictional road system within the Town
of Hudson.
(2) Curb cuts within a single proposed commercial site shall not be spaced closer than 100 feet of each
other. Commercial sites of a small scale shall be encouraged to develop common access drives and
parking facilities.
(3) Turning lanes and appropriate right-of-way must be provided if the Town Board determines that a
turning lane is needed to prevent traffic congestion and to expedite an orderly flow of traffic. The cost of
such improvements required by the Town Board shall be incurred by the applicant, developer or
landowner.
E. Lot coverage.
(1) To calculate lot coverage, the following areas shall be added together: the area of the building as
determined by the foundation plan; parking areas and driveways; loading, storage, trash/garbage areas
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Chapter 105 Zoning
and all other areas covered with impervious materials not specifically used for landscaping purposes.
(2) The maximum allowable lot coverage shall be 90% of the lot area.
(3) All sites shall be designed to contain and accommodate all drainage on-site and shall be engineered to
accommodate a one-hundred-year rainfall. Drainage calculations shall include all impervious surfaces
such as parking lots, roof surfaces, roads and any other paved surfaces.
(4) All calculations for site drainage and design for on-site holding of rainfall shall be calculated and
completed by a professional registered engineer.
F. Minimum lot size. For a building, or parts of buildings, hereafter erected, moved or structurally altered
for commercial purposes the minimum lot size shall be one acre (43,560 square feet).
G. Building height. No building erected, moved or structurally altered within the Commercial District shall
exceed a height of 45 feet or three stories. In no case, however, shall the height of any building exceed
45 feet. Measurement of the height shall commence at the top of the footings.
H. Requirements on setbacks and yards. The minimum building setback from any Commercial District
boundary or public street right-of-way shall be 50 feet from the right-of-way. [Amended 5-29-2007; 8-
7-2018 by Res. No. 19-20181
(1) Building setbacks.
(a) Interior lot line: 50 feet.
(b) Agricultural/Residential and residential boundary: 100 feet.
(2) Parking lot or circulation drive setbacks:
(a) Minor arterial street(Class B): 50 feet.
(b) Major collector street(Class C): 25 feet.
(c) Minor collector street(Class D): 25 feet.
(d) Local interior street(Class E): 25 feet.
(e) Interior lot line: 10 feet. Town Board may approve zero foot setback at site plan approval with proper
justification and local Fire Department positive recommendation.
(f) Agricultural/Residential and residential boundary: 50 feet.
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L Screening of yards visible from Residence Districts. Yard areas established under the Zoning Code for
commercial property shall be screened from view of Residence and Agricultural/Residential districts by
plantings, earth berms, fencing or combinations thereof. Any means used to screen commercial
properties shall be aesthetically compatible with surrounding residential properties and allow for
reasonable use and enjoyment of the residential property by the occupants. All plans for screening of the
commercial properties shall first be reviewed by the Town Plan Commission with a recommendation
forwarded to the Town Board. The Town Board shall have final approval of the screening methods. The
applicant/property owner shall have responsibility for ongoing maintenance, repair and necessary
replacement of the screening methods utilized to assure ongoing compliance with the original approval
granted by the Town of Hudson. [Amended 3-2-20101
J. Procedure for site plan approval.
(1) The Town Board for the Town of Hudson declares that it is necessary and appropriate to require site
plan approval of any development in the Commercial District to preserve and promote attractive, well-
planned and consistent conditions for all applicants and property owners. Site plan approval must be
first granted by the Town Plan Commission and then the Town Board prior to any permit being issued
and construction commencing. Any negative recommendation by the Town Plan Commission shall
require a 2/3 majority vote of the Town Board for approval to be granted. Upon approval of the Town
Board, a commercial and industrial land use permit shall be issued to the applicant. [Amended 3-2-
20101
(a) Copies of the site plan must be submitted to the Town Clerk at least 481 S days in advance of the Town
Plan Commission or Town Board's meeting at which the applicant is seeking approval. In all cases the
site plan must be to scale and contain the minimum: [Amended 2-2-2021]
[1] Name of the project and development.
[2] Location of the project/development.
[3] Location map, including areas within 1/4 mile of the site.
[4] North arrow.
[5] Name and mailing address of the owner(s) and applicant.
[6] Date the plan was prepared.
[7] Boundary line of the property with dimensions.
[8] Existing and proposed topographic contours at a minimum interval of two feet.
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[9] Date of the survey utilized for the boundary description and topography.
[10] Total acreage within the proposed development.
[11] Existing zoning classifications if any rezoning is requested.
[12] Lot numbers and dimensions of lots to the nearest foot.
[13] Any public land or parks that are proposed or in existence.
[14] On-site street and street rights-of-way.
[15] Adjacent streets and street rights-of-way.
[16] Utilities and utility rights-of-way or easements.
[17] Location of all buildings and structures either existing or proposed.
[18] Parking facilities and layout of parking spaces.
[19] Traffic flow indicating ingress and egress from site.
[20] Sidewalks, walkways, driveways, loading areas and docks.
[21] Exterior refuse and garbage storage areas.
[22] Site drainage.
[23] Surface water holding ponds, drainage ditches and drainage patterns.
[24] Culverts, including invert elevations and description as to type and location.
[25] Landscaping (detailed plans showing plantings, equipment, berming, materials, walls, etc.).
[26] Exterior lighting indicating type, locations and height.
[27] Exterior signage showing type, locations and size.
[28] Location and size of existing water bodies on the property.
[29] Number of employees anticipated once the property is fully developed for commercial use.
[30] Location of proposed septic system well for water.
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(b) The Town Plan Commission and Town Board shall require plans and statistics indicating the phasing of
the project, and statistics of the site development relating to site square footage,percent of site coverage
and setbacks. In addition, the number of parking spaces and the ratio of parking spaces to square footage
of the principal structure must be provided by the applicant.
(c) Exterior finish materials must be provided as part of the site plan approval process. The type of
materials must be either in writing from the applicant or on the cross-sections of the architectural
building plans submitted in conjunction with the site plan.
(d) Prior to final approval the Town Board shall be provided a phasing schedule of the development and
also be provided the estimated commencement date of construction of the site improvements and the
principal structure.
(e) Any restrictive covenants that the owner or applicant is proposing for the property must be provided
prior to any approval being granted by the Town Board.
(f) The Town Board shall require the posting of an irrevocable letter of credit or financial assurance by the
applicant or developer as a guaranty of site improvements as approved on the site plan. The letter of
credit or financial assurance must be provided to the Town Board prior to issuance of any commercial
and industrial land use permit. The amount of the letter of credit or financial assurance shall be equal to
10% of the estimated valuation of the property improvements as estimated by the applicant or
developer, reviewed by the town engineer and approved by the Town Board. Stleh estifn4ed valt 4io
shall ifieltide bet4 t4e proposed stmettir-es, pr-epefty and other-site development.
(g) Other information considered by the Town Plan Commission and/or the Town Board to be pertinent to
the proposed project may be requested from the applicant. Such costs incurred by the Town of Hudson
shall be the responsibility of the applicant.
(2) Site plan approval. Prior to granting of a commercial and industrial land use permit, the site plan
submitted by the applicant must receive approval from the Town Board. The Town Board has the
authority to require the applicant to assure that particular elements of the site plan, either proposed by
the applicant or imposed by the Town Board, are constructed as part of the approved site plan for
development of the property.
(3) Review and recommendation by the Town Plan Commission. [Amended 3-2-20101
(a) In considering site plans submitted by the applicant for site plan approval under this Zoning Code, the
Town Plan Commission shall consider the following: interrelationship with the site plan elements to
conditions both on and off the property; conformance with the township's Comprehensive Plan; the
impact of the site plan and development on the existing and anticipated traffic and parking conditions;
the adequacy of the site plan with respect to surrounding land uses;pedestrian and vehicular ingress and
egress from and to the site; landscaping; lighting; provisions for utilities; architectural and engineering
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features; site drainage; site grading; signage; setbacks; screening and other related matters as determined
by the Town of Hudson to be appropriate for review and approval.
(b) The Town Plan Commission may question the applicant for specific items pertaining to the site plan.
After discussion and consideration by the Commission, the site plan may by motion be approved,
disapproved or tabled because additional information is requested to be provided by the applicant. In
addition, the Commission may disapprove the proposal for failure of the applicant to conform to
standards and requirements as listed in the Zoning Code. If the applicant through no action or failure to
appear before the Plan Commission allows 75 days to elapse, then the applicant must reapply to the
Town Plan Commission for any further consideration of the proposal. The Plan Commission may also
impose necessary conditions and safeguards prior to taking any actions and making any
recommendation to the Town Board.
(c) During review of plans from any applicant the Town Plan Commission shall consider the oral and
written statements from the applicant, the public, staff members or its own Commission members.
(4) Review and Decision by the Town Board. The Town Board shall review the site plan submitted by the
applicant after the Town Plan Commission has made its recommendation to the Town Board. In its
review of the site plan the Town Board shall consider the same impacts and features as the Town Plan
Commission. The Town Board requires a simple majority of voting members present for the Town
Board to approve or reject the site plan. In the event of an adverse or negative recommendation from the
Town Plan Commission, a 2/3 majority vote of the Town Board is necessary for approval to be granted
to the site plan and development. [Amended 3-2-20101
(5) Road standards within the Commercial District. The Town of Hudson shall require all roads constructed
within the Commercial District to meet minimum road standards as determined by the Town of Hudson
and St. Croix County. Standards to be utilized by the Town of Hudson when site plans and
developments are reviewed will be those standards in effect at the time the applicant submits plans for
approval by the Town Board. Road standards that are adopted by the Town of Hudson shall consider
such items as the amount of traffic, type of traffic,proposed and existing land uses, density of the
development and drainage patterns.
§ 105-13 Industrial District.
A. Statement of purpose. The Industrial District for the Town of Hudson is created for the following
reasons:
(1) The provisions of this section shall be administered and enforced by the Town of Hudson in a manner to
clearly support and locate industrial development in the districts appropriately zoned for industrial uses.
(2) To reserve appropriately located areas within the Town of Hudson for industrial development and
related activities.
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(3) To protect areas appropriate for industrial development from intrusion by inappropriate uses.
(4) To protect residential and commercial properties from intrusion by industrial uses.
(5) To protect nuisance-free, nonhazardous industrial uses from inappropriate noise, odor, dust, dirt, smoke,
vibration, glare and other objectionable influences, and from fire, explosion, noxious fumes, radiation
and other hazards that are incidental to certain industrial uses.
(6) To provide opportunities for certain types of industrial activities to concentrate in mutually beneficial
relationships to each other.
(7) To provide adequate space to meet the needs of modern industrial development, including areas for off-
street parking, truck loading areas and site landscaping.
(8) To minimize traffic congestion within the Town of Hudson and to assure that necessary public services
are available and that industrial development projects do not exceed the capability of the Town of
Hudson to provide appropriate and environmentally sound services to industrial development.
(9) To provide sufficient open space around industrial structures to protect them from the hazard of fire due
to the lack of public water utilities within the Town of Hudson.
(10) To establish and maintain high standards of site planning, architecture and landscape design that will
create an environment that is attractive to industrial, research and development activities within the
Town of Hudson.
B. Permitted uses in the Industrial District.
(1) Athletic and health clubs.
(2) Electrical,plumbing, water, gas or steam fitting shops.
(3) Manufacturing, compounding,processing,packaging and assembly of products and materials.
(4) Offices.
(5) Restaurants, including those offering liquor if such liquor license is available from the Town of Hudson
and has been approved by the Town Board(including convenience-food-type establishments).
(6) Scientific research, investigation, nonhazardous testing or experimentation.
(7) Warehousing of perishable or nonperishable products,provided that the products are owned by or
consigned to the owner of the principal use or a lessee, and further provided that said owner or lessee
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does not establish such principal use in the capacity of a carrier for the purpose of a freight operation or
terminal for trucking operations.
(8) On-site storage of production equipment, materials and trucks and trailers is permissible when such uses
are a direct support to the principal use of the site improvements and structures for the manufacturing,
compounding,processing,packaging, repackaging and/or assembly of products and materials.
[Amended 9-2-20081
(9) School bus garage facility serving the Hudson School District exclusively.
(10) County Highway Department maintenance facility.
(11) Fiber optic regeneration plant.
(12) Emergency railroad service center.
(13) Nonresidential day-care facility.
(14) Automotive maintenance and mechanical repair facility, excluding collision repair. [Added 12-5-20061
(15) Distribution centers for the central storage and warehousing of goods and materials intended for
distribution to retail outlets where all the goods and materials are owned by the same entity as the
distribution center. [Added 7-7-20081
(a) Light maintenance may be permitted on site on company-owned equipment.
(b) Developer's agreement. Prior to commencing any grading or construction of the development site of any
kind, the developer shall enter into a developer's agreement with respect to the planned development
which shall detail the responsibilities assumed by the developer, including, but not limited to, costs such
as professional fees incurred by the Town and an irrevocable letter of credit or financial assurance in an
amount necessary to pay the costs of the roads and other infrastructure requirements of the development.
(16) Bus sales and maintenance of new school buses and new commercial buses. Example of commercial
buses include: assisted living-healthcare buses, church buses, municipal transit buses, airport and hotel
shuttle busses, and similar such buses. [Added 4-8-20141
C. Accessory uses in the Industrial District. In addition to those subordinate uses which are clearly and
customarily incidental to principal uses, such as parking lots and off-street loading facilities, the
following additional accessory uses will be permitted on the industrial lot occupied by the principal use:
(1) Personnel service facilities providing personnel services, education, recreation, entertainment, food and
convenience goods primarily used by those individuals employed for the principal use of the property.
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(2) Warehousing of products manufactured by the principal use.
(3) Signs as permitted by sign provisions within this Zoning Code.
(4) Offices and administrative facilities that support the principal industrial use.
(5) On-site retail sales or will-call wholesale sales, but only after application by the owner and
determination by the Town Board that such retail sale or will-call wholesale sales are incidental to the
owner's main source of business and are not incompatible with surrounding land uses and upon such
conditions as shall be established by the Town Board.
D. Special limitations and conditions on permitted uses. In addition to other general requirements described
within this section, other special limitations or requirements shall apply within the Industrial District:
(1) An industrial use or service not listed in § 105-13B, Permitted uses, above, will have to be approved by
the Town Board. Such approval will first require a recommendation of the industrial use or service by
the Town Plan Commission and subsequent approval by the Town Board. Any negative
recommendation by the Town Plan Commission shall require a 2/3 majority vote of the Town Board for
approval to be granted for the proposed use. A public hearing held according to § 105-40, Hearings, and
the subsequent Zoning Code amendment of§ 105-13B will be required to include the use as a permitted
use. In addition, the same amendment process must be utilized to delete any uses from § 105-13B.
[Amended 3-2-20101
(2) Temporary uses are permitted but shall not exceed six months in duration after being found by the Town
Plan Commission and Town Board to be compatible with the permitted use and requirements of the
Industrial District. [Amended 3-2-20101
(3) Refuse containers and garbage dumpsters. All on-site refuse containers and garbage dumpsters shall be
located totally within the principal building on the lot, or shall be located and stored within an accessory
structure or screened°fence located in the rear yard of the property. Said accessory structure shall have
the same exterior finish, materials and colors as the main structure on the property, or at a minimum a
structure shall be constructed of decorative concrete block. Under no circumstances shall the walls of
the accessory structure or screened fence be less than five feet in height.
(4) Increased front street and side street setbacks. The required front street or side street setbacks shall be
increased to 150 feet from the edge of the right-of-way if the industrial lot is located across the street
from property located in an Agricultural/Residential District or Residence District.
(5) Increased side yard and rear yard setbacks. The required interior side yard or rear yard setback shall be
increased to 100 feet from the edge of the right-of-way if the tract of industrial land abuts property in an
Agricultural/Residential District or a Residence District.
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(6) Off-street parking. Any change of use, tenancy or occupancy of an existing development, including an
addition to an existing building, is subject to requirements of this section.
(a) All required off-street parking spaces shall be located on the same lot of the principal development.
(b) Each off-street parking space shall be at least 9 feet in width, at least 20 feet in length, and at least
vertical clearance of 6 1/z feet. Handicapped parking spaces shall be provided in accordance with the
current applicable Wis. Statutes and Wisconsin Administrative Code sections.
(c) . Parking lot aisle minimum width shall be asefollows:
Angle of Parking (degrees) Width of two-way drive aisle Width of one-way drive aisle
(feet-inches) (feet-inches)
0 22-0 12-0
45 22-0 12-10
60 22-0 14-6
75 24-0 17-10
90 24-0 24-0
(d) All off-street parking and loading spaces shall have access from driving lanes and not directly from the
public street.
(e) Fire access lanes shall be provided as required by the building or fire code.
(f) No parking space shall be closer than five feet to any building.
(g) All open off-street parking areas designed to have parking along the property line shall be at least five
feet from the property line. Any open off-street parking area adjacent to the principal building shall
provide a permanent bumper curb/barrier not less than five feet from the building.
(h) No building for which off-street parking space is required may be added to, structurally altered or
converted in use so as to encroach upon or reduce the parking space below the required minimum.
(i) No required parking space may be used for storage, display, sales, rental, repair or snow. Spaces may be
used for vehicles awaiting service at repair facilities. There shall be no parking spaces in any vision
clearance triangle.
0) All parking spaces shall be graded and surfaced with a dust free, bituminous or concrete surface to
prevent the accumulation of surface water. Required and proper drainage shall be provided.
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(k) Signage and striping shall be provided for direction of traffic movement.
(1) Space for loading and unloading cargo shall be provided on the site and shall not interfere with the
vehicle circulation for the facility.
(m)Facilities not addressed specifically in this chapter shall provide at least one off-street parking space for
each 200 sq. ft. ground floor area plus at least one additional parking space for each 500 sq. ft. of upper
floor area, exclusive of adequate ingress and egress driveways to connect with a public road.
(n) Theaters, churches, auditoriums, lodges or fraternity halls and similar places of public assemblage shall
provide at least one parking space for each 7 seats.
(o) Motels, hotels and lodging houses shall provide at least one parking space for each guest room.
(p) Restaurants, taverns and similar places for eating and for refreshments, except curb service
establishments, shall provide at least one parking space for each 50 sq. ft. of floor space devoted to the
use of the patrons in addition to the facility requirements.
(q) Funeral homes and mortuaries shall provide at least one parking space for each 50 sq. ft. of space
devoted to parlors.
(r) Service stations shall provide parking for all vehicles used directly in the conduct of the business,plus 2
spaces for each gas pump,plus 3 spaces for each grease rack.
(s) Public parks and playgrounds shall provide one space for each 4 persons designed to be accommodated.
(t) Industrial use shall provide at least one parking space for each employee on the premises at any one time,
plus at least one additional space for each vehicle operated in connection with such use for which parking
on the premises is required.
(u) Any use not specifically named shall be assigned to the most appropriate classification by the
Building/Zoning Administrator.
(7) Lighting. Lighting shall be energy efficient and appropriate to avoid undesirable side effects including
glare, sky glow and light trespass onto adjacent properties. Lighting fixtures shall add to the character
of the building and provide safety and security. Fixtures and their illumination shall complement and
enhance the architectural character of buildings and surrounding area. All developments are required to
have a lighting plan.
(a) All lighting must be the minimal subjective amount needed for safety and security and downward
directed and shielded away from neighboring properties to prevent glare or illumination of adjoining
properties.
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(b) All wiring shall be underground.
(c) Floodlights and spotlights are not permitted for general lighting purposes.
(d) All perimeter lighting shall be shielded and aimed so that illumination is directed only to the intended
area and not cast on other areas or adjacent properties or roads.
(e) If building facades are illuminated then they must be full cutoff luminaries attached to the building or in
the roof overhang.
(f) Parking lots shall be uniformly lighted and not shed light on adjacent properties. In no case shall such
lighting exceed 3 foot candles measured at the lot line.
(g) Bare light bulbs shall not be permitted in view of adjacent property or public rights-of-way. No light or
combination of lights which cast light on a public street shall exceed one foot candle meter reading as
measured from the center line of said street, nor shall any light or combination of lights which cast light
on residential property exceed 0.4 foot candle.
(h) Lighting standards shall not exceed 30 feet or the height of the principal building on the lot, whichever is
less.
(i) All illumination of signs and any other outdoor feature shall not be of a flashing, moving, or intermittent
type. The only exception to this shall be signs of a public service nature, such as time and temperature
and those providing recurring public service messages.
0) Landscape lighting shall use minimum power lamps to achieve architectural objectives, and shall neither
cause glare, light trespass, or excessive sky glow.
(8) Landscaping. All developments are required to have a landscape plan.
(a) The development should retain existing trees, shrubbery and grasses not located in rights-of way,
drainageways and vision triangles and are to be shown on the landscape plan.
(b) A minimum of at least 20% of the area within the property lines of each lot shall be devoted to landscape
purposes.
(c) Invasive species are not allowed.
(d) Buffer area or screening is required as designated elsewhere in this chapter. Berms may be used as per
any applicable regulations.
(e) Any lot that abuts or is across from a residential area shall have perimeter landscape screening that will
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substantially screen parking areas and headlights from vehicles.
(f) Landscaped islands are preferred for larger parking lots.
(g) Any existing area within the road right-of-way that is not constructed to town standards and adjacent to
the development site shall be included in the landscape plan to include seeding or sodding of grass.
(h) Evergreen trees and/or shrubs should be placed to screen service delivery areas, loading docks and
outside building service equipment.
(i) Requirements.
[1] Developments are required to have a minimum of one overstory deciduous or coniferous tree for every 75
feet of site perimeter. Overstory deciduous trees shall be a minimum of 2 1/z inches in caliper.
Coniferous trees shall be a minimum of six feet in height.
[2] Developments are required to have one coniferous tree a minimum of six feet high or one deciduous tree
of 2 1/z inches caliper for every 60 feet of frontage along all public or private streets. These trees must
be planted within 20 feet of the property line abutting the public or private street. Coniferous trees shall
not be located within 50 feet of a driveway.
[3] Tree plantings must be a minimum of 15 lineal feet apart.
[4] Credits will be given for existing trees within the property line meeting the minimum standards for new
plantings.
[5] One shrub for every 50 feet of site perimeter is required.
[6] The property owner shall be responsible for maintenance and replacement of any items as necessary that
are part of the approved landscape plan.
E. Building design and construction. In addition to other restrictions of this Zoning Code and of the
Building Code in force in the Town of Hudson, St. Croix County and the State of Wisconsin, the use,
construction, alteration or enlargement of any building or structure within the Industrial District shall
meet the following standards:
(1) A-4 Each exterior wall fi*ishes apish on any building shall be one or any combination of the following
materials:
(a) Face brick.
(b) Natural stone.
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(c) Specially designed precast concrete units if the surfaces have been integrally treated with an applied
decorative or textured treatment.
(d) Glass.
(e) Wood.
(f) Architectural masonry block.
(g) Factory fabricated and finished metal framed panel construction is permitted only if the panel materials
on the exterior surface are combined with any of the surface materials mentioned above to provide a
wainscoting appearance. I this option is chosen, the minimum usage shall be walls° acin street(s)
treet(s)
and/or the principal building entrance. In addition, a sufficient number of windows shall be present to
present a street view that is consistent and harmonious with neighboring properties. [Amended 8-7-
2018 by Res. No. 19-20181
(2) All subsequent additions, exterior alterations on the principal structure and any accessory structures
which are constructed after the erection of the original building, or buildings, are subject to the
provisions in this Zoning Code and will be subject to review during review of the site plan and eventual
approval of the site plan by the Town Plan Commission and the Town Board. [Amended 3-2-20101
F. Requirements for building coverage, setbacks and height.
(1) Minimum land area. No tract of land shall be transferred to the Industrial District unless done so in
accordance with Article VIII, Changes and Amendments, of the Zoning Ordinance. No tract of land
shall be transferred to the Industrial District unless the lot or tract of land measures at least 10 acres in
total area or is immediately contiguous to other land already zoned Industrial District.
(2) Minimum lot size. All lots located within the Industrial District shall have a minimum lot area of two
acres.
(3) Minimum building square footage. Each building within the Industrial District shall have a gross floor
area of not less than 5,000 square feet. The only exceptions to this will be buildings utilized for
restaurants.
(4) Maximum building lot coverage.
(a) Industrial lots of less than three acres shall have a maximum building coverage on the lot of 30%.
(b) Industrial lots of three acres or more shall have a maximum building coverage on the lot of 45%. That
figure may be increased to 60% if the total gross floor area on the lot is contained within a single
building and all portions of loading docks and berths are completely enclosed within the same single
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building.
(5) Setbacks. The minimum building setback from any Industrial District boundary or public street right-of-
way shall be 50 feet from the right-of-way. [Amended 8-7-2018 by Res. No. 19-20181
(a) Interior side yard: 50 feet.
(b) Rear yard: 50 feet.
(c) Agricultural/residential and residential boundary: 100 feet.
(6) Maximum building height. Maximum building height for any structure within the Industrial District
shall be 70 feet. Measurement of the height shall commence at the top of the footings. [Amended 8-7-
2018 by Res. No. 19-20181
G. Access.
(1) Access to industrial activities shall be allowed only from major collector and/or minor collector streets,
or a street specifically designed for such development. Applicants are encouraged to review the town's
Comprehensive Plan to determine the functional and jurisdictional road system within the Town of
Hudson.
(2) Curb cuts or road access points within a single industrial site shall not be placed closer than 100 feet to
each one. Industrial sites of a small scale shall be encouraged to develop common access drives and
access points onto public roads and shall also attempt to share parking facilities.
(3) Turning lanes and appropriate right-of-way must be provided if the Town Board determines that a
turning lane is needed to prevent traffic congestion and to expedite an orderly flow of traffic. Such
improvements required by the Town of Hudson shall be built at the expense of the applicant or
landowner.
H. Restrictions, controls and design standards.
(1) Uses which because of the nature of their operation are accompanied by an excess of noise, vibration,
dust, dirt, smoke, odor, noxious gases, glare or wastes shall not be permitted. These residual features
shall be considered excessive when they either exceed or deviate from the limitations set forth in the
following performance standards in this Zoning Code. Such limitations shall not exceed State of
Wisconsin standards as set by the Department of Natural Resources or the Department of Commerce or
any other appropriate governmental agency that has review or permit authority.
(a) Noise. Noise shall be measured on any property line of the industrial tract on which the use is located.
All measurements of noise in the Town of Hudson located within the Industrial District shall be in
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accordance with the standards set forth in § 64-6C of Chapter 64, the Town of Hudson Noise Ordinance.
(b) Vibration. No use shall at any time cause earth vibrations perceptible beyond the limits of the industrial
lot on which the use is located.
(c) Dust and dirt. Solid or liquid particles shall not be emitted at any point in concentrations exceeding 0.3
grains per cubic foot of the conveying gas or air. For measurement of the amount of particles in gases
resulting from combustion, standard corrections shall be applied to a stack temperature of 500' F. and
50% excess air.
(d) Smoke. Measurement shall be at the point of emission. The most recent Ringelmann Smoke Chart
published by the United States Bureau of Mines shall be used for the measurement of smoke. Smoke not
darker or more opaque than No. 1 on the chart may be emitted,provided that smoke not darker or more
opaque than No. 2 on the chart may be emitted for periods not longer than four minutes in any thirty-
minute period. These provisions, applicable to visible gray smoke, shall also apply to visible smoke of a
different color but with an apparent opacity.
(e) Odor. The use shall not, at any time, cause the discharge of toxic, noxious or odorous matter beyond the
confines of the principal building in such concentrations as to be detrimental to or endanger the public
health, welfare or safety and comfort.
(f) Glare. Glare, whether directed or reflected, such as from lights, spotlights,parking lot lights or high
temperature processes, and as differentiated from general illumination on the site, shall not be a public
nuisance and prevent adjacent property owners the reasonable use of their property.
(g) Liquid wastes. All liquid wastes containing any toxic matter shall be treated in a manner prescribed by
the Wisconsin Department of Natural Resources.
(2) In order to assure compliance with the performance standards as set forth above, the Town Board may
require the owner or operator of any industrial use to make, without cost to the Town of Hudson, such
investigations and tests as may be necessary, in the town's determination, to show adherence to the
above performance standards. Such investigations and tests shall be done by an independent testing
organization approved by the Town of Hudson prior to the tests taking place.
L Procedure for site plan approval. The Town Board for the Town of Hudson declares that it is necessary
and appropriate to require site plan approval of any development in the Industrial District in order to
preserve and promote well planned, compatible uses and consistent conditions for all developers,
applicants and property owners of industrial property within the Town of Hudson. Site plan approval
must first be granted by the Town Plan Commission and then the Town Board prior to a commercial and
industrial land use permit being issued and construction commencing. [Amended 3-2-20101
(1) Copies of the site plan must be submitted to the Town Clerk at least 481 S days in advance of the Town
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Chapter 105 Zoning
Plan Commission's meeting at which the applicant is seeking consideration and/or approval. In all cases,
the site plan must be to scale and contain the same information as is required in § 105-12J, Procedure
for site plan approval, in the Commercial District. [Amended 2-2-2021]
(2) The same procedures, requirements and standards required in 105-12J of this Zoning Code, Procedure
for site plan approval, in the Commercial District, shall also apply within the Industrial District.
§ 105-14 Commercial/Light Industrial District.
A. The Commercial/Light Industrial District is created for the following purpose:
(1) To establish a zoning district that because of its location does not lend itself to retail commercial
development and likewise, because of its proximity to residential property, also does not lend itself to
some uses allowed in the Industrial District. Retail, commercial, nonretail commercial and light
industrial uses are allowed in this district.
(2) To establish and protect locations in which compatible commercial/light industrial uses may be located.
(3) To protect nuisance-free, nonhazardous commercial/light industrial uses from inappropriate noise, odor,
dust, dirt, smoke, vibration, glare and other objectionable influences and from fire, explosion, noxious
fumes, radiation and other hazards that are incidental to some industrial uses.
(4) To provide economic and job opportunities to community residents.
(5) To establish and maintain high standards of site planning, architecture and landscape design that will
create an environment that is attractive to industrial research and development activities within the
Town of Hudson.
B.
Thefollowing are uses permitted in the Commercial/Light Industrial District. Anv use not listed as a
permitted use shall be deemed to be a prohibited use. [Amended 10-10-20011
(1) Bakeries.
(2) Barber or beauty shops.
(3) Banks and financial institutions.
(4) Book and stationery stores.
(5) Automotive accessory stores, includiLg service, tires and automotive parts.
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(a) Used vehicle sales as a permitted use in the Commercial District,provided this is ancillary to a primary
use relating to an automotive repairsfacility located on the same site, owned by the same entity, with the
building size a minimum of 5,000 square feet and a minimum of 1,000 square feet inside the showroom,
state licensed and the number ofvehicles limited to 10. [Added 8-5-20081
(6) Camera and photographic shops.
(7) Clothing and dry good stores.
(8) Drugstores and pharmacies.
(9) Drv-cleaning and laundry establishments.
(10) Electrical, household appliance, radio, television and computer sales and service.
(11) Fabric stores.
(12) Florist shops.
(13) Food and convenience shops.
(14) Furniture and flooring stores.
(15) Gift, variety stores and antique shops.
(16) Gasoline stations primarily used by residents and the traveling public operating automobiles as defined
in Section 340.01 (4) ofthe Wisconsin Statutes.
(17) Greenhouse when the primary use is the direct selling ofretail goods and items to the public.
(18) Hardware and paint stores.
(19) Hotels and motels.
(20) Interior decorating stores and shops.
(21) Grocery stores and supermarkets.
(22) Jewelry stores.
(23) Health and athletic clubs, including such uses as tennis, racquetball, basketball, swimming, running-
tracks and exercise rooms.
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(24) Art and photo galleries.
(25) Liquor stores which are for off-sale only.
(26) Medical and dental facilities and stores which are related to the medical industrv. [Amended 4-2-2001
by Ord. No. 04-02-01]
(27) Mortuaries and funeral homes.
(28) Music stores.
(29) O ace equipment and o ace supply stores.
(30) Ofces, including both business and pro essional.
(31) Optical and evewear stores.
(32) Pet shops.
(33) Photography stores and studios.
(34) Picturesframitig and picture stores.
(35) Restaurants, drive-in restaurants and eating establishments and those having an-on—,&k-a liquor license
(36) Shoe stores and shoe repair shops.
371 CI n to s /TI- tool de el w a.,,n F, 1 n to t e ed , age '1„ � uo4q,d
(38) Sporting,goods and athletic shops.
(39) Skating rinks and bowling alley
(40) Theaters, excluding outdoor or drive-insfacilities.
(41) Travel agencies.
(42) Veterinarian clinics.
(43) Fiber optic regeneration plant.
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(44) Campground.
(45) Cabinet/fixture assembly shop with retail showroom.
the ewneEleper-4er- of the fnini storage faeili.
46 Nonresidential day-care facility.
49-)-
47 Self-contained, automatic automobile and light truck vehicle wash.
09-)
48 Car dealerships whose primary purpose is the sale of new cars,provided the dealership is located on a
minimum of five acres with a showroom and offices, with a minimum building size of 5,000 square feet
and providing at a minimum warranty service.
49 Licensed and accredited private/public vocational school.
50 Sales, service, and rental of compact construction equipment under 20,000 pounds, such as skid loaders,
and lawn care accessory equipment. [Added 3-31-20151
52 The following uses, light industrial in nature, may be allowed by special use permit(special exception)
as per § 105-33 of the Town of Hudson Zoning Ordinance:
(a) Electrical,plumbing, water, gas or steam fitting shops.
(b) Manufacturing, compounding,processing,packaging and assembly of products and materials.
(c) Scientific research, investigation, nonhazardous testing or experimentation.
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(d) Warehousing of perishable or nonperishable products,provided that the products are owned by or
consigned to the owner of the principal use or a lessee, and further provided that said owner or lessee
does not establish such principal use in the capacity of a carrier for the purpose of a freight operation or
terminal for trucking operations.
(e) On-site storage of production equipment, materials and trucks and trailers is permissible when such uses
are a direct support to the principal use of the site for the manufacturing, compounding,processing,
packaging and/or assembly of products and materials.
(f) On-site storage of product, equipment, materials, trucks, trailers,provided all equipment, materials,
trucks, trailers are within a building.
(g) Shopping centers.
(h) Tower erection/tower construction business.
(i) Nonresidential day-care facility.
0) Light truck rental.
(k) Rescue and towing service, excluding salvage yards, and providing that no towed vehicle shall remain
on the premises in excess of 90 days, and provided that the number of towed vehicles present not exceed
50, except in cases of weather-related emergencies, which temporarily create a greater number.
(1) Adult entertainment establishments (per Article X of this chapter).
(m) Skid loader and accessories business. [Added 4-1-20041
(n) Lawn implement and accessories business. [Added 4-1-20041
(o) Boat sales, boat repair and boat canvas businesses, provided there is no boat storage, other than boats
awaiting repair, on site. All boats shall be screened as to not be visible from adjacent lots. [Added 8-5-
2002; amended 11-1-20051
(p) Sale of new utility, recreational, camper and agricultural trailers and pick-up truck accessories to
accommodate 5th wheels. [Added 4-1-20041
53 Special use permits (special exception)under this section shall go to the parcel of land, not the person.
C. Special limitations and conditions on permitted uses. In addition to other general requirements described
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within this section, other special limitations or requirements shall apply within the Commercial/Light
Industrial District:
(1) A commercial/li,Zht industrial use not listed in § 105-14B must first be approved by the Town Board
after review and recommendation by the Plan Commission. Any negative vote of the Plan Commission
shall require a 2/3 majority vote of the Town Board for approval to be granted. A public hearing must be
held prior to Board action to add or delete a use from the Commercial/Light Industrial District. Notice
of a hearing for addition or deletion of a use or uses from the Commercial/Light Industrial District shall
require a Class 1 notice. [Amended 3-2-20101
(2) Refuse containers and garbage dumpsters. All on-site refuse containers and garbage dumpsters shall be
located and stored within an accessory structure or screened fence located in the rear yard of the
property. Said accessory structure shall have the same exterior finish, materials and colors as the main
structure on the property, or at a minimum a structure shall be constructed of decorative concrete block.
Under no circumstances shall the walls of the accessory structure or screened°fence be less than five feet
in height.
(3) Increased front street and side street setbacks. The required front street or side street setbacks shall be
increased to 150 feet from the edge of the right-of-way if the commercial/light industrial lot is located
across the street from property located in an Agricultural/Residential or Residence District.
(4) Increased side yard and rear yard setbacks. The required interior side yard or rear yard setback shall be
increased to 100 feet from the edge of the right-of-way if the tract of industrial land abuts property in an
Agricultural/Residential or Residence District.
(5) Outside storage. All materials, supplies, merchandise and other similar materials not on display for
direct sale, rental or lease to the consumer shall be stored within the principal structure, a freestanding
building, or be located or screened with an adequate buffer (fence, wall or earth berm) so as not to be
visible from any adjoining properties or public streets. In addition, no materials or goods for retail sale
to the public shall be allowed to block sight lines of vision of individuals driving cars on public roads.
The storage or display of materials for retail sale to the public shall be prohibited within any required
front, side or rear yards. At service stations and gas stations no vehicles shall be parked on the premises
other than those utilized by employees or those awaiting service. No vehicle shall be parked or awaiting
service longer than 21 days. No exterior maintenance or working on vehicles shall occur. All such
activities shall occur within the principal structure on the premises.
(6) Off-street parking. Any change of use, tenancy or occupancy of an existing development, including an
addition to an existing building, is subject to requirements of this section.
(a) All required off-street parking spaces shall be located on the same lot of the principal development.
(b) Each off-street parking space shall be at least 9 feet in width, at least 20 feet in length, and at least
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vertical clearance of 6 1/z feet. Handicapped parking spaces shall be provided in accordance with the
current applicable Wis. Statutes and Wisconsin Administrative Code sections.
(e) Dr-ivi,,g Ones shall be 4 least 24 feet i width, farkiLg lot aisle minimum width shall be as follows:
Agile ofParkiLg (degrees) Width oftwo-wav drive aisle Width ofone-wav drive aisle
eet-inches (feet-inches)
0 22-0 12-0
45 22-0 12-10
60 22-0 14-6
75 24-0 17-10
90 24-0 24-0
(d) All off-street parking and loading spaces shall have access from driving lanes and not directly from the
public street.
(e) Fire access lanes shall be provided as required by the building or fire code.
(f) No parking space shall be closer than five feet to any building.
(g) All open off-street parking areas designed to have parking along the property line shall be at least five
feet from the property line. Any open off-street parking area adjacent to the principal building shall
provide a permanent bumper curb/barrier not less than five feet from the building.
(h) No building for which off-street parking space is required may be added to, structurally altered or
converted in use so as to encroach upon or reduce the parking space below the required minimum.
(i) No required parking space may be used for storage, display, sales, rental, repair, or for storage of
inoperable vehicles or snow. Spaces may be used for vehicles awaiting service at repair facilities. There
shall be no parking spaces in any vision clearance triangle.
(j) All parking spaces shall be graded and surfaced with a dust free, bituminous or concrete surface to
prevent the accumulation of surface water. Required and proper drainage shall be provided.
(k) Signage and striping shall be provided for direction of traffic movement.
(1) Space for loading and unloading cargo shall be provided on the site and shall not interfere with the
vehicle circulation for the facility.
(m)Facilities not addressed specifically in this chapter shall provide at least one off-street parking space for
each 200 sq. ft. ground floor area plus at least one additional parking space for each 500 sq. ft. of upper
floor area, exclusive of adequate ingress and egress driveways to connect with a public road.
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(n) Theaters, churches, auditoriums, lodges or fraternity halls and similar places of public assemblage shall
provide at least one parking space for each 7 seats.
(o) Motels, hotels and lodging houses shall provide at least one parking space for each guest room.
(p) Restaurants, taverns and similar places for eating and for refreshments, except curb service
establishments, shall provide at least one parking space for each 50 sq. ft. of floor space devoted to the
use of the patrons in addition to the facility requirements.
(q) Funeral homes and mortuaries shall provide at least one parking space for each 50 sq. ft. of space
devoted to parlors.
(r) Service stations shall provide parking for all vehicles used directly in the conduct of the business,plus 2
spaces for each gas pump,plus 3 spaces for each grease rack.
(s) Public parks and playgrounds shall provide one space for each 4 persons designed to be accommodated.
(t) Industrial use shall provide at least one parking space for each employee on the premises at any one time,
plus at least one additional space for each vehicle operated in connection with such use for which parking
on the premises is required.
(u) Any use not specifically named shall be assigned to the most appropriate classification by the
Building/Zoning Administrator.
(7) Lighting. Lighting shall be energy efficient and appropriate to avoid undesirable side effects including
glare, sky glow and light trespass onto adjacent properties. Lighting fixtures shall add to the character
of the building and provide safety and security. Fixtures and their illumination shall complement and
enhance the architectural character of buildings and surrounding area. All developments are required to
have a lighting plan.
(a) All lighting must be the minimal subjective amount needed for safety and security and downward
directed and shielded away from neighboring properties to prevent glare or illumination of adjoining
properties.
(b) All wiring shall be underground.
(c) Floodlights and spotlights are not permitted for general lighting purposes.
(d) All perimeter lighting shall be shielded and aimed so that illumination is directed only to the intended
area and not cast on other areas or adjacent properties or roads.
(e) If building facades are illuminated then they must be full cutoff luminaries attached to the building or in
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the roof overhang.
(f) Parking lots shall be uniformly lighted and not shed light on adjacent properties. In no case shall such
lighting exceed 3 foot candles measured at the lot line.
(g) Bare light bulbs shall not be permitted in view of adjacent property or public rights-of-way. No light or
combination of lights which cast light on a public street shall exceed one foot candle meter reading as
measured from the center line of said street, nor shall any light or combination of lights which cast light
on residential property exceed 0.4 foot candle.
(h) Lighting standards shall not exceed 30 feet or the height of the principal building on the lot, whichever is
less.
(i) All illumination of signs and any other outdoor feature shall not be of a flashing, moving, or intermittent
type. The only exception to this shall be signs of a public service nature, such as time and temperature
and those providing recurring public service messages.
0) Landscape lighting shall use minimum power lamps to achieve architectural objectives, and shall neither
cause glare, light trespass, or excessive sky glow.
(8) Landscaping. All developments are required to have a landscape plan.
(a) The development should retain existing trees, shrubbery and grasses not located in rights-of way,
drainageways and vision triangles and are to be shown on the landscape plan.
(b) A minimum of at least 20% of the area within the property lines of each lot shall be devoted to landscape
purposes.
(c) Invasive species are not allowed.
(d) Buffer area or screening is required as designated elsewhere in this chapter. Berms may be used as per
any applicable regulations.
(e) Any lot that abuts or is across from a residential area shall have perimeter landscape screening that will
substantially screen parking areas and headlights from vehicles.
(f) Landscaped islands are preferred for larger parking lots.
(g) Any existing area within the road right-of-way that is not constructed to town standards and adjacent to
the development site shall be included in the landscape plan to include seeding or sodding of grass.
(h) Evergreen trees and/or shrubs should be placed to screen service delivery areas, loading docks and
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outside building service equipment.
(i) Requirements.
[1] Developments are required to have a minimum of one overstory deciduous or coniferous tree for every 75
feet of site perimeter. Overstory deciduous trees shall be a minimum of 2 1/z inches in caliper.
Coniferous trees shall be a minimum of six feet in height.
[2] Developments are required to have one coniferous tree a minimum of six feet high or one deciduous tree
of 2 1/z inches caliper or a combination of deciduous and coniferous shrubs for every 100 feet of frontage
along all public or private streets. These trees or shrubs must be planted within 20 feet of the property
line (exclusive of rights-of-way) abutting the public or private street.
[3] All plantings shall be appropriately spaced according to growth requirements of the species.
[4] Credits will be given for existing trees or shrubs within the property line meeting the minimum standards
for new plantings.
[5] The property owner shall be responsible for maintenance and replacement of items as necessary that are
part of the approved landscape plan.
D. Building design and construction. In addition to any other restrictions of this Zoning Code and of the
Building Code in effect in the Town of Hudson, the use, construction, alteration or addition to any
building or structure within the Commercial/Light Industrial District shall meet the following standards:
(1) A-4 Each exterior wall fi*ishes apish on any building shall be one or any combination of the following:
(a) Face brick.
(b) Natural stone.
(c) Specifically designed precast concrete units if the surfaces have been integrally treated with an applied
decorative or textured treatment.
(d) Glass.
(e) Wood.
(f) Architectural masonry block.
(g) Factory fabricated and finished metal framed panel construction is permitted only if the panel materials
on the exterior surface are combined with any of the surface materials mentioned above to provide a
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wainscoting appearance. I this option is chosen, the minimum usage shall be walls facingstreet(s)
treet(s)
and/or the principal building entrance. In addition, a sufficient number of windows shall be present to
present a street view that is consistent and harmonious with neighboring properties. [Amended 8-7-
2018 by Res. No. 19-20181
(2) All subsequent additions, exterior alterations on the principal structure and any accessory buildings
which are constructed after the erection of the original building, or buildings, are subject to the
provisions in this Zoning Code and will be subject to review of a site plan and approval of said site plan
by the Town Board.
(3) Specific standards for automobile service and gas stations. Section 105-12C(7)(a) and (b) of the
Commercial District shall apply.
E. Lot coverage and lot size. Seet-ier , 5 ,2E( (2) (3) ,,n (4) f t4e G,,,,,me-eial Dist44et shall pply t
§ 105 14B. Gemmer-eial tises will hai,e a fninifntifn lot size of ene aer-e and light indtist+ial tises will
h t,e a fninifntifn lot size f twe
(I) To calculate lot coverage, thefollowing areas shall be added together: the area of the building as
determined by the foundation plan;parking areas and driveways; loading storage, trash/garbage areas
and all other areas covered with impervious materials not speci acally used for landscaping purposes.
(2) The maximum allowable lot coverage shall be 90% of the lot area.
Q) All sites shall be designed to contain and accommodate all drainage on-site and shall be engineered to
accommodate a one-hundred-year rainfall. Drainage calculations shall include all impervious sur aces
such as parking lots, roofsurfaces, roads and anv other paved surfaces.
(4) All calculations for site drainage and design for on-site holdin og f rainfall shall be calculated and
completed by a professional registered en ig neer.
(5) Commercial uses will have a minimum lot size of one acre and light industrial uses will have a minimum
lot size oftwo acres.
F. Building height. No building erected, moved or structurally altered within the Commercial/Light
Industrial District shall exceed a height of 45 feet or three stories. Measurement of height shall
commence at the top of the footings.
G. Requirements on setbacks, yards and turn lanes. The minimum building setback from any
Commercial/Light Industrial District boundary or public street right-of-way shall be 50 feet from the
right-of-way. [Amended 5-29-2007; 8-7-2018 by Res. No. 19-20181
(1) Building setbacks.
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(a) Interior lot line: 15 feet.
(b) Agricultural/Residential or residential boundary: 100 feet.
(2) Parking lot or circulation drive setbacks.
(a) Minor arterial street(Class B): 25 feet.
(b) Major collector street(Class C): 15 feet.
(c) Minor collector street(Class D): 15 feet.
(d) Local interior street(Class E): 15 feet.
(e) Interior lot line: 10 feet. Town Board may approve zero foot setback at site plan approval with proper
justification and local Fire Department positive recommendation.
(f) Agricultural/Residential or residential boundary: 50 feet.
(3) Subsection G(1) and(2) above are minimum standards. The Town Board may, taking into consideration
a specific circumstance, require larger setbacks.
(4) Lots located within Section 21 of Township 29 North, Range 19 West, St. Croix County, Wisconsin
recorded as the St. Croix Industrial Park plat within the Town of Hudson and generally located west of
CTH U, south of CTH A and adjacent to Schommer Drive shall be subject to the following building
setbacks:
(a) Front yard:SO feet
fry Side yard:30 feet
(c) Rear yard:30 feet
(5)Turning lanes and appropriate right-of-way must be provided if the Town Board determines that a
turning lane is needed to prevent traffic congestion and to expedite an orderly flow of traffic. Such
improvements required by the Town of Hudson shall be built at the expense of the applicant or
landowner.
H. Screening of yards visible from Residence Districts. Yard areas established under the Zoning Code for
commercial/light industrial property shall be screened from view of Residence or
Agricultural/Residential Districts by plantings, earth berms, fencing, or combinations thereof. Any
means used to screen commercial or light industrial properties shall be aesthetically compatible with
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surrounding residential properties and allow for reasonable use and enjoyment of the residential
property by the occupants. All plans for screening of the commercial or light industrial properties shall
first be reviewed by the Town Plan Commission with a recommendation forwarded to the Town Board.
The Town Board shall have final approval of the screening for ongoing maintenance, repair and
necessary replacement of the screening methods utilized to assure ongoing compliance with the original
approval granted by the Town of Hudson. [Amended 3-2-20101
L Procedure for site plan approval.
(1) Town Board of t4e Town of Ntidsen r-e"ir-es site plan appr-eval of any development in t4e
OFdi*a*ee applies.
(I) The Town Board for the Town ofHudson declares that it is necessary and appropriate to require site
plan approval of any development in the Commercial/Lj ht Industrial District to preserve and promote
attractive, well planned and consistent conditions° or all applicants and property owners. Site plan
approval must befirst granted by the Town Plan Commission and then the Town Board prior to any
permit being issued and construction commencing. Anv negative recommendation by the Town Plan
Commission shall require a 213 majority vote of the Town Board for approval to be granted. Upon
approval of the Town Board, a commercial and industrial land use permit shall be issued to the
applicant. [Amended 3-2-2010/
(a) Copies o the site plan must be submitted to the Town Clerk at least 401 S days in advance of the Town
Plan Commission or Town Board's meeting at which the applicant is seeking approval. In all cases the
site plan must be to scale and contain the minimum: [Amended 2-2-2021]
L1 j Name o the project and development.
f2 j Location of the project/development.
f31 Location map, includiLg areas within 114 mile Of the site.
[4j North arrow.
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L51 Name and mailing address ofthe owner(s) and applicant.
f61 Date the plan was prepared.
LJ Boundary line o the property with dimensions.
f81 Existing and proposed topographic contours at a minimum interval oftwo feet.
L91 Date of the survev utilized for the boundary description and topography.
f10/ Total acreage within the proposed development.
L111 Existin zg onin cg lassi acations ifay rezoning is requested.
f121 Lot numbers and dimensions oflots to the nearest foot.
L131 Anv public land or parks that are proposed or in existence.
L141 On-site street and street rights-of-way.
f151 Adiacent streets and street rights-of-way
L161 Utilities and utility rights-of-way or easements.
f17/Location ofall buildings and structures either existing or proposed.
L181 Parking facilities and layout oLparking spaces.
f191 Tra is flow indicating ingress and egress from site.
L201 Sidewalks, walkways, driveways, loading areas and docks.
f21 J Exterior refuse and,garbage storage areas.
L221 Site drainage.
f231 Surface water holding ponds, drainage ditches and drainage patterns.
L241 Culverts, including invert elevations and description as to type and location.
L251 Landscaping (detailed plans showing plantings, equipment, berming, materials, walls, etc.).
f261 Exterior lighting indicating type, locations and height.
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L271 Exterior signage showing type, locations and size.
f281 Location and size ofexisting water bodies on the property.
L291 Number of employees anticipated once the property is fulldeveloped for commercial use.
f301 Location ofproposed septic system well for water.
(b) The Town Plan Commission and Town Board shall require plans and statistics indicating the phasing of
the project, and statistics of the site development relating to site squaresfootage,percent ofsite coverage
and setbacks. In addition, the number oLparking spaces and the ratio oLparking spaces to square
oota ego the principal structure must be provided by the applicant.
(c) Exterior finish materials must be provided as part of the site plan approval process. The type of
materials must be either in writing from the applicant or on the cross-sections ofthe architectural
building plans submitted in conjunction with the site plan.
(d) Prior to final approval the Town Board shall be provided a phasing schedule ofthe development and
also be provided the estimated commencement date ofconstruction ofthe site improvements and the
principal structure.
(e) Anv restrictive covenants that the owner or applicant is proposing for the property must be provided
prior to anv approval bejLg,granted by the Town Board.
(fl The Town Board shall require the posting ofan irrevocable letter ofcredit or financial assurance by the
applicant or developer as a,guaranty ofsite improvements as approved on the site plan. The letter of
credit or financial assurance must be provided to the Town Board prior to issuance o fay commercial
and industrial land use permit. The amount of the letter o credit or financial assurance shall be equal
to 10% ofthe estimated valuation of the property improvements as estimated by the applicant or
developer, reviewed by the town engineer and approved by the Town Board. Stle . estiffi ft+e a
shall ineltide bet4 t4e proposed stmettir-es, pr-epefty and et4er-site development.
(g) Other information considered by the Town Plan Commission and/or the Town Board to be pertinent to
the proposed project may be requested°from the applicant. Such costs incurred by the Town o Hudson
shall be the responsibility of the applicant.
(2) Site plan approval. Prior to,granting ofa commercial and industrial land use permit, the site plan
submitted by the applicant must receive approval from the Town Board. The Town Board has the
authority to require the applicant to assure that particular elements of the site plan, either proposed by
the applicant or imposed by the Town Board, are constructed as part o the approved site plane or
development ofthe property.
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(3) Review and recommendation by the Town Plan Commission. [Amended 3-2-2010/
(a) In consideriLg site plans submitted by the applicant for site plan approval under this ZoninZ Code, the
Town Plan Commission shall consider the followiLg: interrelationship with the site plan elements to
conditions both on and o(Lthe property; conformance with the township's Comprehensive Plan; the
impact of the site plan and development on the existing and anticipated tra ac and parking conditions;
the adequacv o the site plan with respect to surrounding land uses;pedestrian and vehicular in rg ess
and egressefrom and to the site; landscapiU; 1i htiU; provisions for utilities; architectural and
en ing eering features; site drainage; site grading; siynage; setbacks; screening and other related
matters as determined by the Town ofHudson to be appropriate for review and approval.
(b) The Town Plan Commission may question the applicants or specific items pertaining to the site plan.
After discussion and consideration by the Commission, the site plan may by motion be approved,
disapproved or tabled because additional information is requested to be provided by the applicant. In
addition, the Commission may disapprove the proposals orefailure o the applicant to conform to
standards and requirements as listed in the Zoning Code. I the applicant through no action orefailure to
appear before the Plan Commission allows 75 days to elapse, then the applicant must reapply to the
Town Plan Commission for anv further consideration of the proposal. The Plan Commission may also
impose necessary conditions and safeguards prior to takiLg anv actions and makiLg any
recommendation to the Town Board.
(c) During review ofplans from anv applicant the Town Plan Commission shall consider the oral and
written statements from the applicant, the public, staff members or its own Commission members.
(4) Review and Decision by the Town Board. The Town Board shall review the site plan submitted by the
applicant after the Town Plan Commission has made its recommendation to the Town Board. In its
review o the site plan the Town Board shall consider the same impacts and features as the Town Plan
Commission. The Town Board requires a simple majority o voting members present for the Town
Board to approve or reject the site plan. In the event of an adverse or negative recommendationsfrom
the Town Plan Commission, a 213 majority vote ofthe Town Board is necessary for approval to be
,granted to the site plan and development. [Amended 3-2-2010/
(S) Road standards within the Commercial/LiXht Industrial District. The Town ofHudson shall require all
roads constructed within the Commercial/Lj ht Industrial District to meet minimum road standards as
determined by the Town ofHudson and St. Croix County. Standards to be utilized by the Town of
Hudson when site plans and developments are reviewed will be those standards in effect at the time the
applicant submits plans for approval by the Town Board. Road standards that are adopted by the Town
ofHudson shall consider such items as the amount oftra ic, type oftra ic,proposed and existing land
uses, density of the development and drainage patterns.
(6) Restrictions, controls and design standards.
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(a) Uses which because of the nature o their operation are accompanied by an excess ofnoise, vibration,
dust, dirt, smoke, odor, noxious gases, glare or wastes shall not be permitted. These residualsfeatures
shall be considered excessive when thev either exceed or deviate from the limitations set forth in the
followiLg performance standards in this Zoning Code. Such limitations shall not exceed State of
Wisconsin standards as set by the Department ofNatural Resources or the Department of Commerce or
anv other appropriate,governmental agency that has review or permit authority.
L1 J Noise. Noise shall be measured on anv property line of the industrial tract on which the use is located.
All measurements ofnoise in the Town ofHudson located within the Industrial District shall be in
accordance with the standards set forth in§ 64-6C of Chapter 64, the Town ofHudson Noise
Ordinance.
L2J Vibration. No use shall at anv time cause earth vibrations perceptible beyond the limits ofthe industrial
lot on which the use is located.
f31 Dust and dirt. Solid or liquid particles shall not be emitted at anv point in concentrations exceeding 0.3
grains per cubic foot of the conveviLg gas or air. For measurement of the amount oLparticles in,uses
resulting from combustion, standard corrections shall be applied to a stack temperature of500'F. and
50% excess air.
f41 Smoke. Measurement shall be at the point ofemission. The most recent Ringelmann Smoke Chart
published by the United States Bureau of Mines shall be used for the measurement ofsmoke. Smoke not
darker or more opaque than No. I on the chart may be emitted,provided that smoke not darker or more
opaque than No. 2 on the chart may be emitted for periods not longer than four minutes in anv thirty-
minute period. These provisions, applicable to visible gray smoke, shall also apply to visible smoke of a
different color but with an apparent opacity.
f51 Odor. The use shall not, at anv time, cause the discharge oftoxic, noxious or odorous matter beyond the
confines of the principal building in such concentrations as to be detrimental to or endanger the public
health, welfare or safety and comfort.
L6J Glare. Glare, whether directed or reflected, such asfrom li hg ts, spotlights,parkin lg of lights or high
temperature processes, and as differentiated°from general illumination on the site, shall not be apublic
nuisance and prevent ad
iacent property owners the reasonable use of their property.
LJ Liquid wastes. All liquid wastes containing any toxic matter shall be treated in a manner prescribed by
the Wisconsin Department ofNatural Resources.
§ 105-14.1 Planned Unit Development District.
[Added 7-7-20081
A. Statement of purpose. The Planned Unit Development District is created for the following purpose:
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(1) To establish a zoning district that provides an alternative to allow limited flexibility in regards to design
and development standards that are more compatible within designated areas as identified.
(2) To provide another housing alternative, for community residents as noted in the Comprehensive Plan.
(3) To provide a transition area adjacent to the City of Hudson or Village of North Hudson
commercial/industrial zones and the Town residential or agricultural/residential zones to facilitate
possible future need for public utilities.
B. Permitted uses are those uses expressly permitted in the underlying zoning district, not including special
exceptions.
C. The following uses may be allowed as special exceptions in accordance with § 105-33:
(1) Multiunit independent senior living facilities and related amenities.
(2) Multiunit temporary limited care living facilities and related amenities.
(3) Multiunit assisted living facilities and related amenities.
(4) Multiunit skilled nursing living facilities and related amenities.
D. Minimum general requirements.
(1) The land area shall be a minimum of five acres and shall be one parcel prior to any permits being issued.
(2) The development shall have access which connects the development parcel to a public street, road or
highway built minimally to Town and County standards.
(3) The development shall be adjacent to or within 200 feet of commercially or industrially zoned property.
(4) The development shall be wholly, or in part, within 500 feet of the boundary of the Village of North
Hudson or the City of Hudson.
(5) Ownership of the development area shall be by a legal entity, such as an individual, corporation,
partnership or trustee.
(6) Rezoning is required in accordance with § 105-38. Due to the nature of this type of development, the
rezoning and development plan approval may be done concurrently.
(7) All Town, city, County, state and federal codes as applicable shall be adhered to.
(8) The underlying zoning district standards shall apply if not specifically addressed in this section.
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E. Height. No building shall be more than 40 feet in height. Measurement of the height shall commence
from the lowest grade to the highest point of structure, not including antennae, chimneys, etc.
F. Setbacks. Setbacks shall be approved on a case-by-case basis for each planned unit development.
However, any side yard setback for any building shall not be less than 50 feet, any rear yard setback for
any building shall not be less than 50 feet, and any front yard setback for any building shall not be less
than 50 feet. Highway setbacks shall apply as applicable.
G. Lot coverage. In order to provide for adequate open space and drainage, impervious hardscape
improvements shall not exceed 40% of the development area.
H. Development plan approval. Plan Commission recommendation and Town Board approval is required
prior to any permit being issued and construction commencing. Any negative recommendation by the
Plan Commission shall require a 2/3 majority vote of the Town Board for approval to be granted. In all
cases, the Town Board shall find the following conditions present:
(1) The establishment of the use will not be detrimental to or endanger the public health, safety, morals,
comfort or general welfare.
(2) The uses, values and enjoyment of other property in the neighborhood shall be in no foreseeable manner
substantially impaired or diminished by the establishment of the use.
(3) The establishment of the use will not impede the normal and orderly development of the surrounding
property for permitted uses.
(4) Adequate utility access roads so designed as to minimize traffic congestion or other hazards on public
streets or highways.
(5) Stormwater retention, drainage and other necessary site improvements as certified by a registered
professional engineer for the State of Wisconsin and reviewed by the St. Croix County Planning and
Zoning Department and the St. Croix County Land and Water Conservation Office.
L Costs.
(1) A cost reimbursement and security agreement shall be in place prior to the review of the application.
This is to assure that the developer will preserve the right to develop the property as provided in the
approved plan and the agreement. All expenses related to the planned unit development are to be borne
by the owner/developer, including, but not limited to, attorney's fees, engineer's fees, city and County
review, and legal publication requirements. The agreement is subject to modification based on the
outcome of the review of the plans.
(2) Developer's agreement. Prior to commencing any kind of grading or construction of the development
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site, the developer shall enter into a developer's agreement with respect to the planned development
which shall detail the responsibilities assumed by the developer, including, but not limited to, costs such
as professional fees incurred by the Town and an irrevocable letter of credit or financial assurance in an
amount necessary to pay the costs of the roads and other infrastructure requirements of the development.
J. Application process. In conjunction with the provisions of§ 105-38, the following is required:
(1) Site plan. Site plan approval must first be granted by the Plan Commission and then the Town Board
prior to any permit being issued and construction commencing. Copies of the site plan with the date
prepared and certified by a registered professional engineer for the State of Wisconsin must be
submitted to the Town Clerk at least 4-91 S days in advance of the Plan Commission or Town Board
meeting at which the applicant is seeking approval. The site plan shall be to scale and provide the
following information: [Amended 2-2-2021]
(a) Name and address of the owner, developer and engineer.
(b) Legal description of existing site and description of any proposed change to meet the minimum
requirements.
(c) Location of the development area including dimension of property boundaries.
(d) Location map showing the development parcel and surrounding properties within 1/4 mile of the site, a
north arrow, total acreage within the development and public access and right-of-way width.
(e) Existing and proposed topographic contours and drainage patterns at a minimum interval of two feet.
Include any won-site surface water control and retention systems, holding ponds, drainage ditches and
drainage patterns.
(f) Existing zoning classifications of the development and surrounding parcels.
(g) Open space with intended use(s)reserved for the use of all residents.
(2) Preliminary development plan. Copies of the development plan with the date prepared must be
submitted to the Town Clerk at least 4-91 S days in advance of the Plan Commission or Town Board
meeting at which the applicant is seeking approval. The development plan shall be to scale and provide
the following information: [Amended 2-2-2021]
(a) Name, address and contact information of the owner, developer and engineer.
(b) Name of the development.
(c) Location of main building(s) and any accessory building(s) including setback distance from all property
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boundaries.
(d) Style, number of dwelling units, density and type per building.
(e) Proposed use of any related on-site facilities.
(f) Off-street parking that shall have at least one parking space for each dwelling unit, a parking space for
each required staff member taking shifts into consideration with enough spaces for the highest number
used, and adequate visitor parking spaces including required handicap parking. Any parking space(s)
included in any structure(s) shall be included as part of the off-street parking requirements. Plan to show
location, size and number of all parking spaces.
(g) Traffic plan within the development with ingress and egress from site including width of roadway(s) and
width of paved areas with construction details: Also include any sidewalks, walkways, driveways and
loading/unloading areas for deliveries.
(h) Statement of method of disposing of refuse and recyclables and location of any containers including
exterior storage facilities. All on-site refuse containers and garbage dumpsters shall be located totally
within a principal building or shall be enclosed in a screened°fence.
(i) Location of well, septic, sign(s) and lighting.
0) Proposed landscape plan including, but not limited to, shrubs, trees, fences, retaining walls and berms.
(3) Additional items.
(a) Ownership/management. Statement of present and proposed ownership/management plans for the
proj ect.
(b) Schedule. Development schedule identifying phases with anticipated beginning and completion dates.
(c) Covenants. Proposed agreements or covenants for use, maintenance and ongoing preservation of open
space and the overall development.
(d) Number of employees required and anticipated.
(4) Final development plan. Review of any revisions needed to the cost reimbursement and security
agreement shall be completed. In addition to any items required with the preliminary site and
development plans, the following shall be provided:
(a) Any items as required by the Plan Commission and Town Board.
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(b) Exterior finish materials of all structures.
(c) Complete detailed architectural and engineering plans.
(d) An updated schedule if applicable.
(e) Upon final approval of the final development plan, the developer shall cause the development plan to be
recorded with the St. Croix County Register of Deeds and shall submit written proof of such recording
to the Town.
(5) Revisions and/or changes to the planned unit development. Development shall be done in accordance
with the approved final plan and all supporting data. The final plan and supporting data shall be binding
on the applicants, their successors, grantees and assigns and shall limit and control the use of the
premises and location of structures within the planned unit development.
(a) Minor changes. The Plan Commission and Town Board may approve changes in nature that do not
change the concept or intent of the development without going through the preliminary plan approval
and hearing process.
(b) Major changes. Changes which alter the concept or intent of the planned unit development, including
but not limited to increases in the density, change in location and types of buildings, changes to open
space areas, changes to the traffic plan, changes to the drainage plan, and changes in covenants require a
preliminary plan review,public hearing to amend the special exception and final plan review.
(c) Schedule. Any amendments to the construction schedule shall be submitted to the Town Clerk. If any
phase of the construction is or will be more than one year behind schedule, the developer shall provide
an updated schedule with an explanation for the Plan Commission and Town Board to consider
extension and which shall require Town Board approval.
§ 105-15 Nonconforming uses.
General limitations. When any structure or the use of any structure or premises has become a nonconforming
use as defined in § 105-35, such use may continue subject to the following limitations:
A. As long as no structural alterations are made, a nonconforming use of a building may be changed to
another nonconforming use of the same or a more restricted classification. Once a nonconforming use
has been changed to a more restricted nonconforming use or a conforming use, such use shall not
thereafter be changed to a less restricted use.
B. No nonconforming use shall be expanded, enlarged or altered in any way which increases its
nonconformity.
C. Nonstructural alteration, addition or repair to any nonconforming structure over the life of the structure
shall not exceed 50% of its market value at the time of its becoming a nonconforming use, unless the
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structure is permanently changed to a conforming use.
D. If any structure containing a nonconforming use is destroyed or damaged by any means to an extent of
50% or more of its market value, it shall not be reconstructed except in conformity with the provisions
of this chapter.
E. If any nonconforming use is discontinued for 12 consecutive months, any future use of the structure or
premise shall conform to this chapter.
F. Uses or adjuncts thereof which are or become nuisances shall not be entitled to continue as
nonconforming uses.
G. Except as provided in Subsection F, any use which has been permitted as a special exception shall not
be considered as a nonconforming use.
Article III
Highway Setbacks
§ 105-16 Purpose; jurisdictional boundaries.
A. Purpose. In order to promote the public safety, general welfare and convenience, it is necessary that
highway setback lines be established, and they are hereby established in the Town of Hudson along all
public highways and the intersection of highways with highways and highways with railroads.
B. Jurisdiction boundaries. Where a highway is located on a city or village boundary, this chapter is not
intended to be effective on the side within the city or village; nor on the side within another town, where
the highway is located on a Town boundary.
§ 105-17 Placement and alteration of structures.
A. No new building, sign, or part thereof, shall be placed between the setback lines established by this
chapter and the highway, except as provided in § 105-18.
B. No building structure, sign, or part thereof, except those complying with the above regulations, which
exists within the setback lines on the effective date of this chapter or any amendment thereto shall be
altered or enlarged or reconstructed within such setback lines after having been destroyed by fire, storm
or other catastrophe to the extent of 50% or more of its actual current value.
§ 105-18 Structures permitted within setback lines.
The following kinds of structures and signs may be placed between the setback line and the highway:
A. Open fences.
B. Telephone, telegraph and power transmission poles and lines, and microwave radio relay structures,
together with all appurtenances thereto that are readily removable as a unit, including public utility
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equipment housings or structures, may be constructed within the setback lines, and additions to and
replacements of any such existing poles, lines and structures may be made,provided the owner files
with the Town Building Inspector/Zoning Administrator an agreement in writing to the effect that the
owner will remove all new construction, additions and replacements erected after the adoption of this
chapter at his own expense, when necessary for the improvement of the highway.
C. Underground structures not capable of being used as future foundations for prohibited structures.
D. Wells and septic tanks and other similar structures.
E. Access or service highways constructed according to plans as approved by the County Highway
Department which shall give due consideration to highway safety and maximum sight distance.
F. This section shall not be interpreted so as to prohibit the planting and harvesting of field crops,
shrubbery or trees; provided, however, that no building or structure, trees or shrubbery shall be so
located, maintained or permitted to grow so that the view across the sectors at the intersection, as
provided in §§ 105-8 through 105-14, shall be obstructed.
G. Where buildings are proposed to be erected or moved between buildings existing at the time of the
adoption of this chapter and having setback lines less than those established by this section, which
existing buildings are located not more than 150 feet apart, the Building Inspector/Zoning Administrator
may issue a permit for such proposed building,provided that the setback of such building shall not be
less than the average of the setbacks of the nearest adjoining existing buildings on either side of the
location of the proposed building.
H. Directory signs not over eight square feet in area, and pertaining to goods and services available at a
particular location within five miles of such sign, and signs placed by the public authorities for the
guidance or warning of traffic,provided that there shall be not more than two such directory signs
relating to a specific building or use in any one direction along any one highway.
§ 105-19 Highway setback requirements.
A. Except as otherwise provided, the distances from center line to the setback line applicable to the various
classifications of highways shall be as provided by the following subsections of this section,
respectively.
B. Highway setbacks. For the purpose of determining the distance buildings and other structures shall be
set back from streets and highways, the highways of the Town of Hudson are divided into the following
classes.
(1) Class A highways.
(a) All arterial highways classified as freeways or expressways are hereby designated as Class A highways.
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(b) The setback from expressways shall be 50 feet from the right-of-way line. These setbacks are also
applicable to all officially mapped right-of-way for highway locations or where right-of-way has been
purchased for future highway locations. This includes those parts of Interstate Highway 94, US
Highway 12, and Wisconsin State Highway 35 located in the Town of Hudson. [Amended 8-7-2018 by
Res. No. 19-20181
(c) Prior to the issuance of a permit for any structure on the property adjoining right-of-way of Class A
highways, the Department of Transportation, Eau Claire District, must be consulted.
(2) Class B highways.
(a) All highways classified as primary, standard and minor arterials and not further classified as a freeway
or expressway are hereby designated as Class B highways. This includes Highway 35 North of I-94.
[Amended 8-7-2018 by Res. No. 19-20181
(b) The setback from Class B highways shall be 50 feet from the right-of-way line. [Amended 8-7-2018 by
Res. No. 19-20181
(c) Prior to issuance of a permit for any structure on property adjoining right-of-way of Class B highway,
the Department of Transportation, Eau Claire District, must be consulted.
(3) Class C highways.
(a) All highways classified as high or low collectors are hereby designated as Class C highways. This
includes county roads and McCutcheon Road. [Amended 8-7-2018 by Res. No. 19-20181
(b) The setback from Class C highways shall be 50 feet from the right-of-way line. [Amended 8-7-2018 by
Res. No. 19-20181
(c) Prior to issuance of a permit for any structure on property adjoining right-of-way of Class C highways,
the agency having jurisdiction over the highway must be consulted (St. Croix County Highway
Department).
(4) Class D highways.
(a) All highways not included in the aforementioned classifications are hereby designated as Class D
highways. This includes Town roads not in a subdivision. [Amended 8-7-2018 by Res. No. 19-20181
(b) The setback from Class D highways shall be 50 feet from the right-of-way line. [Amended 8-7-2018 by
Res. No. 19-20181
(c) Prior to issuance of a permit for any structure on property adjoining right-of-way of a Class D highway,
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which structure would require construction of a new means of access from the Town highway, the Town
Chairman must be consulted.
(5) Class E highways.
(a) Local roads within a major subdivision may be designated by the Town Board, in its discretion, as Class
E highways, notwithstanding the provisions of Subsection B(4) above.
(b) The setback from Class E highways shall be 50 feet from the highway right-of-way. [Amended 8-7-
2018 by Res. No. 19-20181
C. Vision triangles. In each quadrant of every public street intersection there shall be a visual clearance
triangle bounded by the street center lines and a line connecting points on them 300 feet from a Class A
or Class B highway intersection and 200 feet from a Class C or Class D highway intersection.
D. At highway intersections with transitional widening. At all intersections of highways with other
highways provided with transitional widening of pavement or surfacing, such transitional widening shall
be considered as additional width, and the setback lines on the side which is widened shall be increased
by an amount equal to the width of the additional pavement.
E. At railroad grade crossings. At grade intersection of all highways with railroads, there shall be vision
clear triangles in each sector of such intersection. Each such vision clearance triangle shall be
established by a supplementary setback line which shall be a straight line connecting points located on
the setback lines along the highway and the railroad right-of-way lines, and 100 feet back from the
intersections of such highway setback lines and the railroad right-of-way lines.
F. Access driveways. Access driveways to highways from abutting properties shall comply with the
following requirements: [Amended 4-2-2001 by Ord. No. 04-02-01; 8-7-2018 by Res. No. 19-20181
Access Driveways
Minimum Distance Access
Minimum Distance of Driveways May Be Located to
Highway Frontage Between Center Line of Intersecting
Access Driveways Highway Examples
A None allowed 500 I-94
Highway 35
Highway 13
divided highways
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Access Driveways
Minimum Distance Access
Minimum Distance of Driveways May Be Located to
Highway Frontage Between Center Line of Intersecting
Access Driveways Highway Examples
B 500 500 Highway 35 North
nondivided highways
C 500 500 Collector roads
All county roads
McCutcheon Road
D 200 200 All Town roads not classified as a
collector
E 100 Subdivisions
G. Cul-de-sac radius shall follow the St. Croix County standards which specify eighty-foot radius.
Article IV
Signs
[Amended 4-2-2001 by Ord. No. 04-02-01; 12-4-20071
§ 105-20 Purpose.
A. The purpose of this article is to protect and promote the general welfare, health, safety and order within
the Town of Hudson through the standards, regulations and procedures governing the erection, use
and/or display of devices, signs or symbols serving as visual communicative media to persons situated
within or upon public rights-of-way or properties. Any sign which is not expressly permitted is not
permitted.
B. The provisions of this article are intended to encourage creativity, a reasonable degree of freedom of
choice, an opportunity for effective communication and a sense of concern for the visual amenities on
the part of those designing, displaying or otherwise utilizing needed communicative media of the types
regulated by this article, while at the same time assuring that the public is not endangered, annoyed or
distracted by the unsafe, disorderly, indiscriminate or unnecessary use of such communicative facilities.
§ 105-21 Definitions.
As used in this chapter, the following terms shall have the meanings indicated:
ACCESSORY SIGN
A sign relating in its subject matter to the premises on which it is located, or to products,
accommodations, services or activities on the premises on which it is located.
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ACCESSORY USE
AREA IDENTIFICATION SIGN
A freestanding sign which identifies the name of a neighborhood, a residential subdivision, a multiple
residential complex consisting of three or more structures, a shopping center or area, an industrial area,
an office complex consisting of three or more structures or any combination of the above that could be
termed an area.
BANNERS AND PENNANTS
Attention-getting devices which may resemble flags and are of a nonpermanent paper, cloth or plastic
like consistency. These are to be up no longer than three months. The same banner or pennant may not
be used again for three months.
BILLBOARD
A large outdoor advertising structure mounted on one or more legs and designed to display posters or
other composite graphic advertisements.
BULLETIN SIGN
An accessory sign which announces goods or services available through the use of changeable letters
and/or numbers.
CANOPY AND MARQUEE
A roof-like structure projecting over the entrance to a theater, store, gas pumps, bank drive up, etc.
CHURCH DIRECTIONAL SIGN
A sign which bears the address and/or name of a church and direction arrows pointing to a church
location.
ELECTRONIC MESSAGE CENTER
A sign which contains a traveling message, or a message which appears to be traveling, and usually in a
horizontal manner. The characters incorporated into any message remain constant, and do not change in
hue or intensity or appear to change in hue or intensity as they travel or appear to travel across or
through the automatic changing copy area of the sign.
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FREESTANDING SIGN
A sign which is placed in the ground and not affixed to any part of any structure.
ILLUMINATED SIGN
Any sign which is illuminated by an artificial light source.
INSTITUTIONAL OR RECREATIONAL SIGN
Any sign or bulletin board which identifies the name and other characteristics of a public or private
institution on the site where the sign is located.
INTERNAL TRAFFIC DIRECTIONAL SIGN
A sign which is erected on private property by the owner of such property for the purpose of guiding
vehicular and pedestrian traffic within his property. Such sign bears no advertising information.
MOTION SIGN
Any sign which revolves, rotates or has any moving parts. Included in this category are searchlights
used for advertisement.
MONUMENT SIGN
A sign located at the entrance to building/development area with the name and address of the tenants
located in this area so customers can find business they are looking for.
NAMEPLATE OR IDENTIFICATION SIGN
A sign which bears the name and/or address of the occupants of the building, including area
identification signs for major developments.
NONACCESSORY SIGN
A sign other than an accessory sign.
NONCONFORMING SIGN
A sign which does not conform to the newly enacted requirements of this article.
OCCUPATIONAL SIGN
Any sign which identifies the name and other characteristics of a home occupation on the site where the
sign is located. (This is for Residential and Agricultural Districts.)
OFF-PREMISES SIGN
A sign which is permitted within a zoning district may be placed on someone else's parcel.
PERMANENT SIGN
Any sign which is not a temporary sign.
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PORTABLE SIGN
A sign which is not permanently attached to the ground or any structure and so designed as to be
movable from one location to another.
PPUNCIPAL BUILDING
PROJECTING SIGN
Any sign, all or any part of which extends over public property more than 12 inches.
PYLON SIGN
Any freestanding area identification sign greater than 35 feet in height; if they are over 40 feet they are
intended for freeway advertising.
RECREATIONAL DIRECTIONAL SIGN
A sign which bears the address and/or name of a recreational place and directional arrows pointing to
that recreational location.
ROOF SIGN
Any sign erected upon or projecting above the roofline of a structure to which it is affixed.
RURAL ADDRESS/FIRE NUMBER SIGN
For fire, emergency or postal identification, whether written or in numeric form, and may include the
Town of Hudson name.
SIGN
Any letter, word or symbol, device,poster,picture, statuary, reading matter or representation in the
nature of an advertisement, announcement, message or visual communication, whether painted,posted,
printed, affixed or constructed, which is displayed outdoors for informational or communicative
purposes.
SIGN AREA
That area within the marginal lines of the surface which bears the advertisement, or in the case of
messages, figure or symbols attached directly to any part of the building, that area which is included in
the smallest rectangle which can be made to circumscribe the message, figure or symbol displayed
thereon. The stipulated maximum sign area for a freestanding sign refers to a single facing.
STREET- FRONT-AGE
€ gem
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TEMPORARY SIGN
A sign which is erected or displayed for the stated limited period of time indicated in this article.
TRAFFIC DIRECTIONAL SIGN
A sign which is erected by a governmental unit for the purpose of directing or guiding traffic.
WALL LENGTH
The linear length of the side of a building, it includes all windows and doors.
WALL SIGN
Any sign which is affixed to a wall of any building.
§ 105-22 District regulations.
The following signs are permitted in each specific district and shall be regulated as to size, location and
character according to the requirements herein set forth:
A. Residential and Agricultural/Residential Districts.
(1) Occupational signs: denoting only the name and profession of the occupant in a commercial building,
public institutional building or dwelling, and may not exceed two square feet in locations where the
speed limit of the street frontage is 35 mph or less and may not exceed six square feet in locations where
the speed limit of the street frontage is 40 mph or greater.
(2) Institutional and recreational signs: one sign or bulletin board per street frontage for public institutional
use and for recreational use in Agricultural/Residential and Residential Districts; such sign or bulletin
sign shall not exceed 24 square feet in area nor shall it be placed closer than 10 feet from the road right-
of-way nor shall be placed in a location that would interfere with the safe movement of traffic.
(3) Area identification signs: one sign per each major development, not to exceed 48 square feet in area.
(4) Maximum height of freestanding signs: eight feet.
(5) Nonaccessory freestanding and wall signs are prohibited except in areas especially designated in this
article.
(6) All signs shall be constructed in such a manner and of such material that they shall be safe and
substantial,provided that nothing in this article shall be interpreted as authorizing the erection or
construction of any sign not now permissible under the Zoning or Building Code of the Town of
Hudson.
(7) All illuminated signs shall have a shielded light source. Any sign illuminated and located within 50 feet
of a lot line or a Residential District shall be diffused or indirect so as not to direct rays of light into
adjacent residence. All illuminated signs in Commercial and Commercial/Light Industrial Districts, in
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close proximity to Residential Districts, shall be designed so as to illuminate the sign and not residential
property to the extent practicable.
(8) No sign, other than public traffic controls, church and recreational directional signs, street name signs,
and rural address sign (house numbers), shall be erected or temporarily placed within any Town road
right-of-way or upon any public easements.
(9) A permit for a sign to be located within 50 feet of any road or highway regulatory sign, warning sign,
traffic sign, traffic signal, or of any crossroad or crosswalk, will be issued only if:
(a) The sign will not interfere with the ability of drivers and pedestrians to see any road or highway sign,
any traffic sign or signal, or any crossroad or crosswalk; and
(b) The sign will not distract drivers nor offer any confusion to any street or highway sign, or any traffic
sign or signal.
(10) Temporary signs may only be allowed where specifically stated.
(11) Campaign yard signs,posted by a bona fide candidate for political office or by a person or group
promoting a political issue or a political candidate, may be placed on private property in any district.
Such signs may be erected no more than two months prior to Election Day and must be removed no later
than 10 days following the election.
(12) Temporary real estate signs may be erected for the purpose of selling or promoting a residential project,
provided:
(a) Such signs shall not exceed 128 square feet in area.
(b) Only one sign shall be permitted per road frontage upon which the property abuts.
(c) Such signs shall be removed when the project is 80% completed, sold or leased.
(d) Such signs shall be located no closer than 100 feet to any residence not part of this project.
(13) Temporary signs adjacent to the public right-of-way for the purpose of selling or leasing individual lots
or building shall be permitted, provided:
(a) Such signs shall not exceed six square feet.
(b) Only one such sign is permitted per street frontage upon which the property abuts.
(c) Such sign shall be removed within 30 days following the lease or sale.
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(14) Portable, internally lit signs are not allowed as permanent or temporary signs.
(15) Any freestanding sign within 25 feet of any intersection of road right-of-way lines and/or driveway
entrances shall have vertical clearance for proper visibility by motorists on all affected roadways.
(16) Church and nonprofit directional signs shall be permitted,provided the total area of such signs shall not
exceed six square feet per facing.
(17) Signs advertising garage, yard or similar household sales shall be removed within seven days after the
sale.
(18) Signs, which are located on the interior of a building, shall be exempt from the provisions of this article
and shall not require permits or payment of fees.
(19) Roof signs shall be prohibited.
(20) Signs and components and elements of faces of signs that move, shimmer, or contain reflective devices
are prohibited.
(21) Substitution clause and sign content is permitted. Subject to the landowner's consent, noncommercial
speech of any type may be substituted for any permitted commercial speech;provided, the sign structure
is legal without consideration of the message content. Such substitution of message may be made
without any additional approval of permitting. This provision prevails over any provision to the contrary
in this article. The purpose of this provision is to prevent any inadvertent favoring of commercial speech
over noncommercial speech, or favoring of any particular noncommercial message over any other
noncommercial message. This provision does not create a right to increase the total amount of signage
on a lot or parcel, nor does it affect the requirement that the sign structure be properly permitted.
B. Commercial and Commercial/Light Industrial Districts.
(1) Wall signs. The total area of all wall signs affixed to a building wall shall not exceed two square feet per
linear foot of that wall. No individual wall sign shall exceed 150 square feet.
(a) A wall sign shall not project more than 18 inches from the wall to which the sign is to be affixed.
Furthermore, wall-mounted signs shall not exceed the roofline of any building.
(b) Banners are temporary signs and are not part of the wall sign calculation. However, banners and
temporary signs shall not exceed 50% of that wall area and may not be up longer than three months. The
design and construction of all banners shall be professional looking and not be allowed to become torn
or weathered.
(2) Freestanding sign. One freestanding sign is permitted for each building for each road frontage.
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(a) The total area of a freestanding sign for a building having one road frontage shall not exceed 80 square
feet. Where a building has two or more road frontages, each permitted freestanding sign in excess of one
shall be no greater than 40 square feet.
(b) No part of a freestanding sign shall be closer than 10 feet to the front property line or exceed 35 feet in
height. The height shall be measured from the base of the sign or grade of the nearest adjacent roadway,
whichever is lower.
(3) Bulletin signs. The bulletin portion of that sign may use up to 50% of that signs total square footage.
One nonilluminated bulletin sign up to 40 square feet is permitted. Such signs shall be located within the
width of the storefront to which it is related and may be part of the freestanding or pylon sign, not in
addition to.
(4) Pylon signs. Retail and service establishments may erect one pylon sign in addition to their freestanding
sign, not exceeding 150 square feet per side of display surface area. Maximum height is 40 feet. Retail
and service establishments on property within 1,500 feet of Interstate 94 right-of-way and 500 feet from
Residential or Agricultural/Residential District property may erect one pylon sign not exceeding 150
square feet of display surface area in addition to their own freestanding sign. Maximum height in this
area is 80 feet, however a special exception as outlined in § 105-33 is required for all signs over 40 feet
in height.
(5) Canopy and marquee signs shall be no greater than two square feet per linear foot, up to a maximum
size of 100 square feet per side of the canopy or marquee. Canopies and marquees shall be considered to
be an integral part of the structure to which they are accessory. Signs may be attached to a canopy or
marquee. When calculating the allowable sign size, the canopy or marquee linear length of the side is
separated from the wall sign calculation.
(6) Temporary special event signs are permitted for no more than three months. Such signs shall include
banners,pennants, flying signs and air-inflated devices, searchlights, bulletin signs, streamers and other
signs approved by the Town Board.
(7) Monument sign is to provide business location information for businesses in the development area so
customers can find their business. Each tenant panel may not exceed three feet high by eight feet wide,
and may only indicate business name, logo, address and phone number. The information in the tenant
panels of the monument sign does not count as part of each individual business's overall available
square footage for advertising signage.
(a) A monument sign may not exceed 30 feet in height and the overall width may not exceed 16 feet, two
tenant panels wide, plus the materials to build the monument sign and monument base. The monument
sign may be two sided,parallel to the road or perpendicular to the road so the sign may be read by the
traveling public from both directions.
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(b) The monument sign may have an electronic message center(EMC), not to exceed six feet high by 16
feet wide, the equivalent of four tenant panels. Temporary advertising information may be shown on the
EMC for a limited period of time, no longer than 21 calendar days. Temporary information includes
sales items, civic events, amber alerts, community events, etc.
(c) The monument sign may be placed on an outlot, so all businesses using the monument sign may share in
the overall cost of the monument sign. The physical area of the outlot shall be included in the
subdivision average lot size calculations.
(d) All monument signs require site plan approval.
(8) Off-premises freestanding and wall signs are permitted. The off-premises sign(s) counts toward the total
number of permitted signs allowed on the parcel of land the sign(s) are located on.
(9) All signs shall be constructed in such a manner and of such material that they shall be safe and
substantial,provided that nothing in this article shall be interpreted as authorizing the erection or
construction of any sign not now permissible under the Zoning or Building Code of the Town of
Hudson.
(10) Illumination standards.
(a) Externally illuminated signs shall have a shielded light source which is downward directed.
(b) Illuminated signs shall be designed so as not to direct any light or produce glare onto adjacent properties
or toward navigable waters.
(c) The Town may specify the hours a sign may be illuminated and limit its brightness while illuminated.
The hours of illumination or brightness limitations may be established at any time, including during the
life of the sign.
(d) Signs and sign components and elements of faces of signs shall not flash or use animation.
(e) Unless a sign's only illumination is external and uncolored, the following additional regulations shall
also apply to that sign:
[1] No illuminated off-premises sign which changes in color or intensity of artificial light at any time while
the sign is illuminated shall be permitted.
[2] No illuminated accessory sign which changes in color or intensity of artificial light at any time while the
sign is illuminated shall be permitted, except one for which the changes are necessary for the purpose of
correcting hour-and-minute, date, or temperature information.
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[3] A sign that regularly or automatically ceases illumination for the purpose of causing the color or
intensity to have changed when illumination resumes shall fall within the scope of the prohibitions of
Subsection B(10)(e)[1] and [2] above.
(11) No sign, other than public traffic controls, church and recreational directional signs, street name signs
and rural address sign (house numbers), shall be erected or temporarily placed within any Town road
right-of-way or upon any public easements.
(12) A permit for a sign to be located within 50 feet of any road or highway regulatory sign, warning sign,
traffic sign, traffic signal, or of any crossroad or crosswalk, will be issued only if:
(a) The sign will not interfere with the ability of drivers and pedestrians to see any road or highway sign,
any traffic sign or signal, or any crossroad or crosswalk; and
(b) The sign will not distract drivers nor offer any confusion to any street or highway sign, or any traffic
sign or signal.
(13) Campaign yard signs,posted by a bona fide candidate for political office or by a person or group
promoting a political issue or a political candidate, may be placed on private property in any district.
Such signs may be erected no more than two months prior to Election Day and must be removed no later
than 10 days following the election.
(14) Temporary real estate signs may be erected for the purpose of selling or promoting a commercial
project,provided:
(a) Such signs shall not exceed 128 square feet in area.
(b) Only one sign shall be permitted per road frontage upon which the property abuts.
(c) Such signs shall be removed when the project is 80% completed, sold or leased.
(d) Such signs shall be located no closer than 100 feet to any residence not part of this project.
(15) Temporary signs adjacent to the public right-of-way for the purpose of selling or leasing individual lots
or building shall be permitted, provided:
(a) Such signs shall not exceed 32 square feet.
(b) Only one such sign is permitted per street frontage upon which the property abuts.
(c) Such sign shall be removed within 30 days following the lease or sale.
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(16) Portable, internally lit signs are only allowed as temporary signs and may not be up for more than three
months and are not allowed as permanent signs.
(17) Any freestanding sign within 25 feet of any intersection of road right-of-way lines and/or driveway
entrances shall have vertical clearance for proper visibility by motorists on all affected roadways.
(18) The total sign area of any multifaced freestanding or projecting wall sign shall not exceed two times the
permitted area of a two-sided sign or three times the area of a three-sided sign. All applications for signs
of more than two sides shall be reviewed by the Plan Commission and the Town Board. [Amended 3-2-
20101
(19) Church and nonprofit directional signs shall be permitted,provided the total area of such signs shall not
exceed six square feet per facing.
(20) Signs advertising garage, yard or similar household sales shall be removed within seven days after the
sale.
(21) Signs with changing electronic messages are allowed as part of the total area of a permitted sign. Signs
with an electronic message center in them require site plan approval.
(22) Signs, which are located on the interior of a building, shall be exempt from the provisions of this article
and shall not require permits or payment of fees.
(23) Roof signs shall be prohibited.
(24) Signs and components and elements of faces of signs that move, shimmer, or contain reflective devices
are prohibited.
(25) Internal traffic directional signs shall be permitted provided the total area of each sign shall not exceed
20 square feet.
(26) Substitution clause and sign content is permitted. Subject to the landowner's consent, noncommercial
speech of any type may be substituted for any permitted commercial speech: provided, the sign structure
is legal without consideration of the message content. Such substitution of message may be made
without any additional approval of permitting. This provision prevails over any provision to the contrary
in this article. The purpose of this provision is to prevent any inadvertent favoring of commercial speech
over noncommercial speech, or favoring of any particular noncommercial message over any other
noncommercial message. This provision does not create a right to increase the total amount of signage
on a lot or parcel, nor does it affect the requirement that the sign structure be properly permitted.
§ 105-23 Vehicle signs.
A vehicle used as a sign or as the base for a sign where the primary purpose of the vehicle in that location is
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its use as a sign shall be prohibited.
§ 105-24 Billboards.
A. Billboards may be erected along and intended to be viewed from only Interstate 94. Billboards are
allowed only in the following zoning districts: Commercial and Commercial/Light Industrial Districts.
B. The maximum allowable size of any billboard is 700 square feet. The maximum allowable extensions
shall not exceed 15% of the total sign area. All skirting and perimeter material shall be counted as part
of the sign area.
C. The maximum allowable height of any billboard is 40 feet. If an Interstate Highway served by a
billboard is elevated above the surface on which it is placed, the Town Board may grant a special
exception to this regulation according to its discretion.
D. The minimum allowable distance in any direction between billboards is 5,280 feet.
E. The minimum allowable proximity of any billboard to any Residential Zoning District is 500 feet.
F. The minimum allowable distance of any billboard to any Interstate right-of-way is 50 feet.
G. The minimum allowable distance of a billboard to any building shall be 25 feet.
H. No portion of any billboard shall occupy air space above any driveway or parking area.
L No billboard may display any moving parts nor shall it be illuminated with any flashing or intermittent
lights.
§ 105-25 Administration and enforcement.
A. Permits. Except as provided below, the owner or occupant of the premises on which a sign is to be
displayed, or the owner or installer of such signs, shall file an application provided by the Town of
Hudson Building Inspector/Zoning Administrator for permission to display such sign. Permits must be
acquired for all new, relocated, modified or redesigned signs except those specifically excepted below.
The applicant shall submit with the application a complete description of the sign and a sketch showing
its size, location, manner of construction and such other information as shall be necessary to inform the
Town of Hudson Building Inspector/Zoning Administrator of the kind, size, material, construction and
location of the sign. The Town of Hudson Building Inspector/Zoning Administrator may approve sign
permits. The applicant shall also submit the fee at the time of application as set forth in the Building
Code Ordinance. If a sign authorized by a permit has not been installed within six months after the date
of issuance of said permit, the permit shall become null and void.
B. Exemptions. The exemptions permitted by this section shall apply only to the requirements of a permit
and shall not be construed as excusing the installer of the sign or the owner of the property upon which
the sign is located from complying with the other provisions of this article. No permit is required under
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this section for the following signs:
(1) Signs erected by a governmental unit or public school district.
(2) Memorial signs or tablets containing the name of the building, its use and date of erection when cut or
built into the walls of the building.
(3) Signs which are completely within a building.
§ 105-26 Notice of violation; assessment of costs.
If the Town of Hudson Building Inspector/Zoning Administrator or his deputies finds that any sign regulated
by this article is prohibited as to size, location, content, type, number, height or method of construction, or is
unsafe, insecure or a menace to the public, or if any sign has been constructed or erected without a permit
first being granted to the installer of said sign or to the owner of the property upon which said sign has been
erected, or is improperly maintained, or is in violation of any other provisions of this article, he shall give
written notice of such violation to the sign owner and/or benefiting business being advertised by said sign
thereof.
§ 105-27 Appeals.
A. A sign permit applicant or permit holder may appeal any order or determination made by the Building
Inspector/Zoning Administrator or his deputy pursuant to this article by filing a notice of appeal with the
Town Clerk and requesting a hearing before the Board of Adjustment for the Town of Hudson.
B. The Board of Adjustment will hear:
(1) Appeals where it is alleged that there is an error in any order, requirement, decision or determination
made by the administrative officer in the enforcement of this article.
(2) Requests for variances from the literal provisions of this article. The application shall demonstrate:
(a) That special conditions and circumstances exist which are peculiar to the land, structure or building
involved and which are applicable to other lands, structures or building in the same district.
(b) That literal interpretation of the provisions of this article would deprive the applicant of rights
commonly enjoyed by other properties in the same district under the terms of this provision.
(c) That the special conditions and circumstances do not result from the actions of the applicant's request.
(d) That granting the variance requested will not confer on the applicant any special privilege that is denied
by this article to other lands, structures or building in the same district.
(e) That granting of the variance is necessary to the reasonable use of the land and granting the variance
will not adversely affect the existing or potential use of adjacent land.
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§ 105-28 Nonconforming signs.
A. Any nonconforming temporary or portable sign existing on December 4, 2007, or on the date of a
subsequent amendment to this article shall be made to comply with the requirements set forth herein or
shall be removed within six months after December 4, 2007, or on the date of a subsequent amendment
to this article.
B. Nonconforming permanent signs lawfully existing on December 4, 2007, or on the date of a subsequent
amendment to this article shall be allowed to continue in use and may change the message. However, if
the sign needs to be replaced, it must comply with the current sign ordinance at that time.
C. Whenever the use of a nonconforming sign has been discontinued for a period of six months, such use
shall not thereafter be resumed unless in conformance with the provisions of this article.
Article V
Administration
§ 105-29 Building Inspector/Zoning Administrator.
There is hereby created the office of Building Inspector/Zoning Administrator. Appointment of this office
shall be made by the Town Board.
§ 105-30 Powers and duties of the Building Inspector/Zoning Administrator.
The Building Inspector/Zoning Administrator shall:
A. Advise applicants. Advise applicants for permits as to the provisions of this chapter and assist them in
preparing applications.
B. Issue permits. Issue permits as provided in § 105-31.
C. Keep records. Keep records of all permits issued, inspections made, work approved, and other official
actions.
D. Determine district boundaries. Determine questions of the exact location of district boundaries.
E. Access to premises for inspection purposes. Have access to any structure or premises for the purpose of
performing his duties. This power shall be exercised at a reasonable hour, and after a twenty-four-hour
notice.
F. Procedures in case of ordinance violations. In the case of a violation of this chapter, notify the person
responsible for such violation, indicating the nature of the violation and ordering the action necessary to
correct it. In cases of noncompliance with orders issued under this subsection, he shall report the
violations to the Town Board and the Town Attorney, and may sign a complaint.
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§ 105-31 Town building permits.
A. When a permit is required. A permit known as a"town building permit" issued by the Building
Inspector/Zoning Administrator shall be secured prior to the erection, addition, alteration of any
building or structure, except that minor repairs or alterations valued at less than $2,000 which do not
change the nature of the use or encroach on the required setbacks or side or rear yard or change the
structural strength, fire protection, exits, lights or ventilation of the building may be made without
permit. The construction or constructural alteration of a private sanitary or sewerage system is not
subject to this chapter, but is covered by the county ordinance.
B. Application for a permit.
(1) Application for permits shall be made to the office of the Building Inspector/Zoning Administrator upon
forms furnished by the Building Inspector/Zoning Administrator.
(2) All applications shall be accompanied by the fees specified in § 105-31C below and shall contain the
following data:
(a) Name and address of the applicant and the owner of the property.
(b) Legal description of the property and the type of proposed use or uses.
(c) A sketch of the dimensions of the lot and location of any buildings from the lot lines, center line of
abutting watercourse and water marks at the day of the sketch.
(d) Any other information required by the Town Building Code.
C. Fees. Fees for building permits and commercial or industrial land use permits shall be established in the
Town of Hudson Building Code Ordinance.
D. Decision on application. The Building Inspector/Zoning Administrator shall decide whether the
building, structure, alteration or addition is one for which a permit may properly be granted for the
proposed location, and shall within 10 days either issue a permit as requested or mail or deliver to the
applicant a statement that the application has been denied and the reasons for the denial_ If denial is for
failure to meet the requirement of this chapter or the Building Code, the specific requirements not met
shall be stated. If denial is for insufficiency of the information in the application to warrant issuance of a
permit, the written denial will state the respect in which the application is deficient.
E. Review of determination. Any person aggrieved by the denial of a permit may request a review of the
determination by mailing or delivering such request in writing to the Building Inspector/Zoning
Administrator within 30 days of the making or delivery of the written denial. The Building
Inspector/Zoning Administrator shall thereupon review his own determination pursuant to Section 68.09
of the Wisconsin Statutes, and affirm, reverse or modify his initial determination.
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§ 105-32 Board of Adjustment.
A. Membership. A Board of Adjustment is hereby established. The Board of Adjustment shall consist of
five members appointed by the Town Chairperson, subject to confirmation by the Town Board, for three
years, except that of those first appointed, one shall serve for one year, two for two years and two for
three years. The members shall serve with compensation as set by the Town Board, shall all reside
within the Town of Hudson, and shall be removable by the Town Chairperson for cause and upon
written charges and after public hearing. The Town Chairperson shall designate one of the members
Chairperson. Vacancies will be filled for the unexpired term of members whose terms become vacant.
The Town Chairperson may appoint, for staggered terms of three years, two alternate members for the
Board, in addition to the five members provided for herein. The Town Chairperson shall annually
designate one of the alternate members as first alternate and the other as second alternate. The first
alternate member shall act, with full power, only when a regular member of the Board refuses to vote
because of interest or when a member is absent. The second alternate shall so act only when the first
alternate so refuses or is absent or when more than one member of the Board so refuses or is absent. The
above provisions, with regard to removal and the filling of vacancies, shall also apply to such alternates.
No member of the Town Board may be a member of the Board of Adjustment. The Board of
Adjustment shall appoint one of its members as Secretary of the Board, unless the Town Board shall
authorize the employment of a secretary. [Amended 3-2-20101
B. Rules. The Board of Adjustment shall adopt rules for its government and procedure, which rules shall
provide a fair and orderly procedure and the protection of constitutionally protective rights. Meetings of
the Board shall be held at the call of the Chairperson and at such other times as the Board may
determine. The Chairperson or, in his/her absence, the Acting Chairperson may administer oaths and
compel the attendance of witnesses. All meetings shall be open to the public.
C. Records. The Board of Adjustment shall keep minutes of its proceeding, 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
Board and shall be a public record.
D. Appeals. Appeals to the Board of Adjustment may be taken by any person aggrieved, or by any officer,
board or committee of the Town of Hudson affected by a decision of any Town official or body
administering this chapter. Such appeal shall be taken within 30 days by filing with the officer or body
from whom the appeal is taken and the Board of Adjustment a notice of appeal specifying the grounds
therefor. The officer or body from whom appeal is taken shall forthwith transmit to the Board all papers
constituting the record upon which the action appealed from was taken.
E. Stay proceedings. An appeal stays all legal proceedings in furtherance of the action appealed from,
unless the officer from whom the appeal is taken certifies to the Board of Adjustment after the notice of
appeal shall have been filed with him, that by reason of facts stated in the certificate, a stay would, in his
opinion, cause imminent peril to life or property. In such case,proceedings shall not be stayed otherwise
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than by a restraining order which may be granted by the Board of Adjustment or by a court of record on
application, on notice to the officer from whom the appeal is taken, and on due cause shown.
F. The Board of Adjustment shall fix a reasonable time for the hearing of the appeal or other matter
referred to it, and give public notice thereof, as well as giving due notice by mail to all parties in
interest, and decide the same within a reasonable time. Upon hearing, any party may appear in person or
by agent or by attorney. The Board's decision shall be in writing and shall state the reasons for the
decision.
G. The Board of Adjustment shall have the following powers:
(1) To hear and decide appeals where it is alleged there is an error in any order, requirement, decision or
determination made by an administrative official in the enforcement of this chapter or of any ordinance
adopted pursuant thereto.
(2) To authorize upon appeal in specific cases such variance from the terms of this chapter as will not be
contrary to the public interest, where, owing to special conditions, a literal enforcement of the
provisions of this chapter will result in practical difficulty or unnecessary hardship, so that the spirit of
this chapter shall be observed,public safety and welfare secured, and substantial justice done. In every
case where a variance from these regulations has been granted by the Board of Adjustment, the minutes
of the Board shall affirmatively show that a practical difficulty or unnecessary hardship exists, and the
records of the Board shall clearly show in what particular and specific respects a practical difficulty or
an unnecessary hardship is created.
(3) To permit in appropriate cases, and subject to appropriate conditions and safeguards in harmony with
the general purpose and intent of this chapter, a building or premises to be erected or used for such
public utility purposes in any location which is reasonably necessary for the public convenience and
welfare.
H. In exercising the above-mentioned powers, such Board may, in conformity with the provisions of such
section, reverse or affirm, wholly or partly, or may modify the order, requirement, decision or
determination appealed from and may make such order, requirement, decision or determination as ought
to be made, and to that end shall have all the powers of the officer from whom the appeal is taken, and
may issue or direct the issue of a permit.
L The concurring vote of four members of the Board shall be necessary to reverse any order, requirement,
decision or determination of any such administrative official, or to decide in favor of the applicant on
any matter upon which is required to pass under such ordinance or to effect any variation in such
ordinance. The grounds of every such determination shall be stated.
J. Any person or persons,jointly or severely aggrieved by any decision of the Board of Adjustment, or any
taxpayer, or any officer, department, board or bureau of the town, may, within 30 days after the filing of
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the decision in the office of the Board of Adjustment, commence an action seeking the remedy available
by certiorari.
§ 105-33 Special exceptions.
Certain uses and situations are of such special nature or their effect is so dependent upon actual contemporary
circumstances as to make impractical the determination, in advance, of permissibility. Provision has been
made in this chapter for the determination of such cases by the Town Board as special exceptions. Special
exceptions shall only be granted subject to the following provisions:
A. General standards.
(1) No grant of a special exception shall violate the spirit or general intent of this chapter.
(2) No special exception shall be allowed which would be contrary to the public health, safety or general
welfare, or which would be substantially adverse to property values in the neighborhood affected.
(3) No use shall be permitted by special exception that would constitute a nuisance by reason of noise, dust,
smoke, odor or other similar factors.
B. General procedure. Applications for special exceptions shall be processed in this manner:
(1) Applications. Application for any use listed in this chapter as requiring a special exception may be
allowed only upon application to the Town Board on forms furnished by the Building Inspector/Zoning
Administrator. Special exception permit applications can include single parcels of land or grouping of
parcels contiguous or noncontiguous. A fee as set from time to time by resolution of the Town Board
plus costs of publication payable to the Town shall accompany the application. The Town may also
require all other reasonable expenses associated with the request be paid by the applicant, including but
not limited to town's attorney fee and engineering costs.
(2) Notice of such public hearing specifying the time, place and matters to come before the board shall be
published as a Class 1 notice under Chapter 985 of the Wisconsin Statutes and by giving notice by mail
to all parties in interest.
(3) Determination in writing. The conditions of approval or reasons for disapproval shall be stated in
writing by the Town Board and made a permanent part of the minutes and furnished to the applicant.
(4) Recording. When a special exception permit is approved, an appropriate record shall be made of the
land use and structures permitted, and such grant shall be applicable solely to the structures, use and
property so described.
(5) Termination. Where a special exception does not continue in conformity with the conditions of the
original approval, the special exception shall be terminated by action of the Town Board,preceded by a
public hearing and notice to affected parties.
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(6) Time to act upon application. The Board shall act on an application in the manner above described
within 40 days of receiving the application, but if additional information is required by the Board
pursuant to § 105-33C, the Board's decision may be further deferred until 10 days after receipt of such
information.
C. Request for additional information. Before passing upon an application for a special exception, the
Town Board may require the applicant to furnish further relevant information. The requirement may be
for specific points of information as described in this section, or it may be to have the required
information compiled in the format of an environmental impact statement on questions on which it
requires research and data.
D. Conditions. The Board may make the granting of an application for a special exception contingent upon
such express conditions as it considers necessary to further the aims of this chapter. These conditions
may include, but are not limited to, specifications of:
(1) The period of time in which all or part of the use may be permitted.
(2) Increased setback and yard dimensions.
(3) Specified sewerage disposal and water supply facilities.
(4) Landscaping and planting screens.
(5) Operational control.
(6) Sureties.
(7) Deed restrictions.
(8) Location of docks,piers or other structures, signs, etc.
(9) Location and amount of parking facilities.
(10) Type of construction.
(11) Type of shore cover.
E. Reviews and appeals. Any person or persons jointly or severally aggrieved by a decision of the Town
Board as relates to a determination of a special exception application may, within 30 days after the filing
of the decision in the office of the Town Clerk, commence an action seeking the remedy available by
certiorari. The court shall not stay proceedings upon the decision appealed from, but may on application,
on notice to the Town Board and on due cause shown, grant a restraining order. The Town Board shall
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not be required to return the original papers acted upon by it, but it shall be sufficient to return certified
or sworn copies thereof. If necessary for the proper disposition of the matter, the court may take
evidence, or appoint a referee to take evidence and report findings of fact and conclusions of law as it
directs, which shall constitute a part of the proceedings upon which the determination of the court shall
be made. The court may reverse or affirm, wholly or partly, or may modify the decision brought up for
review.
Article VI
Enforcement and Penalties
§ 105-34 Violations and penalties; regulations.
A. Any premises used or building hereinafter erected, moved or structurally altered or any use hereinafter
established in violation of the provisions of this chapter by any person, firm, association, corporation
(including building contractors or his or their agent) shall be deemed an unlawful structure or use. The
Town Board may direct the Town Attorney to bring an action to enjoin, remove or vacate any use,
erection, moving or structural alteration of any building or use in violation of this chapter. Unless
otherwise stated in this chapter, any person who violates this chapter shall forfeit not less than $25
together with taxable costs in such action and not more than $200 for each violation. Each day of
violation shall constitute a separate offense.
B. Any person who violates any provision of this chapter pertainiLg to chickens shall be responsible for
anv costs involved regardiLg the investigation ofanv complaint and notification ofanv violation and
may be subiect to a forfeiture penaL ofnot less than $25 nor more than $200, together with the costs of
prosecution. 174.15, Wis. Slats.) Each day ofviolation shall constitute a separate o ense.
-4C. Penalties and/or forfeitures in this chapter are also covered in the Citation Ordinance. If there is a
conflict between this and the Citation Ordinance, the Citation Ordinance has precedence.
Article VII
Definitions
§ 105-35 Definitions.
For purposes of this chapter, certain terms used herein shall be interpreted as follows:
ACCESSORY BUILDING
A subordinate building or portion of the main building, the use of which is incidental to the permitted
use of the main building.
ACCESSORY USE
A use incidental to the principal use of a building.
AGRICULTURAL PARCEL
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The creation of one new parcel which is one acre or larger in area and which is 20 acres or smaller in
area which is to be used for agricultural purposes as specified in Chapter 90, the Town Subdivision
Ordinance.
AUTOMOBILE WRECKING YARD
A lot or yard where three or more unlicensed motor vehicles or the remains thereof are kept for the
purpose of dismantling, sale of parts, sale as scrap, storage or abandonment.
BASEMENT
A story partly or wholly underground which, if occupied for living purposes, shall be counted as a story.
BOARD OF ADJUSTMENT
The Town of Hudson Board of Adjustment, which shall also be the Board of Appeals.
BOARDING HOUSE
A building other than a hotel, where meals, or lodging and meals, are furnished for compensation for
three 4 or more persons not members of a family, not open to transients, in contradistinction to hotels
and restaurants.
BUILDING
A structure used, designed or intended for the protection, shelter, enclosure or support of persons,
animals or property. A freestandiLg structure or group ofstructures joined by a common wall. When a
building is divided into separate parts by a division wall without openings, extending from the ground
up, each part shall be deemed a separate building.
BUILDING, HEIGHT OF
The vertical distance from the base point elevation as defined in this chapter to the highest point of a flat
roof, to the deckline of a mansard roof, or to the average height of the highest gable of a gambrel, hip or
pitch roof.
CAMPGROUNDS
Any premises established for overnight habitation by persons using equipment designed for the purpose
of temporary camping and for which a fee is charged.
CENTER LINE
A line connecting the points on highways from which setback distances shall be measured, at any point
on the highway.
CHICKEN
A common farm bird raised for its edible ems ore esh.
CLASSES OF HIGHWAYS
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A. All arterial highways classified as freeways or expressways are hereby designated as Class A highways.
B. All highways classified as primary, standard and minor arterials and not further classified as a freeway
or expressway are hereby designated as Class B highways.
C. All highways classified as high or low collectors are hereby designated as Class C highways.
D. All highways not included in the aforementioned classifications except for interior roads in major
subdivisions are hereby designated as Class D highways. [Amended 5-29-20071
E. Local roads within a major subdivision may be designated by the Town Board at its discretion as Class
E highways. [Added 5-29-20071
CLUB
An association of persons for some common purpose but not including any groups organized primarily
to render a service which is customarily carried on as a business.
COMMISSION
The Town Plan Commission of the Town of Hudson.
[Amended 3-2-20101
CONNECTING STREET
Streets in cities and villages that connect state trunk highways as defined in Section 84.02(11) of the
Wisconsin Statutes.
DISTRICT
Parcels or sections of the Town of Hudson for which the regulations governing the use of land and
buildings are uniform as defined in this chapter.
DWELLING, MULTIPLE
A building or portions thereof designed for and used by more than two families. Classification of a
residential structure shall be determined by its present or projected occupancy and design and not by the
characteristics of ownership and tenancy such as condominium arrangements.
DWELLING, ONE-FAMILY
A detached building designed for or occupied exclusively by one family.
DWELLING, TWO-FAMILY
A detached or semidetached building designed for and occupied exclusively by two families.
FAMILY
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The body of persons who live together in one dwelling unit as a single housekeeping entity.
FARM ANIMALS
Horses, cows,pigs, sheep, chickens, goats, steers and other animals similarly associated with a rural
setting, not including dogs, cats and other domestic animals.
FLOOR AREA
The area within the exterior wall lines of a building,provided that the floor area of a dwelling shall not
include space not usable for living quarters, such as attics, basements or utility rooms, garages,
breezeways, unenclosed porches or terraces.
FRONTAGE
All the property abutting on one side of a road or street between two intersecting roads or streets or all
of the property abutting on one side of a street between an intersecting street and the dead end of a
street.
FRONTAGE REVERSED
When the rear lot line of a corner lot coincides with part or all of the side lot line of another lot in the
same block, reversed frontage exists.
GARAGE, PRIVATE
An accessory building or space for storage only of not more than three private motor driven vehicles.
GARAGE, PUBLIC
A building or portion thereof used for the housing or care of motor vehicles for the general public or
where any such vehicles are equipped or repaired for remuneration or kept for hire or sale.
HOME OCCUPATION
A gainful occupation conducted by members of the family only, within their place of residence, such as
handicrafts, dressmaking, millinery, laundering,preserving and home cooking.
JUNCTION
The point upon which two highway center lines, as herein established, or a highway center line and the
center line of a railway right-of-way, meet.
JUNKYARD OR SALVAGE YARD
An open area where waste, used or secondhand materials are bought, sold, exchanged, stored, baled,
packed, disassembled or handled, including but not limited to scrap iron and other metals,paper, rags,
rubber, tires and bottles. A junkyard includes an auto wrecking yard, but does not include uses
established entirely within enclosed buildings.
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KENNEL
Any place where four or more of any single type of domestic animals, over three months of age, are
owned, boarded, bred and offered for sale, but not including livestock in relation to a farm, or veterinary
clinics.
LODGING HOUSE
A building other than a hotel or motel where lodging only is provided for compensation.
LOT
A parcel of land occupied or designed to provide space necessary for one main building and its
accessory buildings or uses, including the open spaces required by this chapter, and abutting on a public
street or other officially approved means of access. A lot may be a parcel designed in a plat or described
in a conveyance recorded in the office of the Register of Deeds, or any part of a large parcel when such
part complies with the requirements of this chapter as to width and area for the district in which it is
located. No land included in any street, highway, access easement or railroad right-of-way shall be
included in computing lot area.
MOBILE HOME
A detached single-family dwelling unit designed for long-term occupancy; and containing sleeping
accommodations, flush toilet, a tub or shower bath, and kitchen facilities; with plumbing and electrical
connections provided for attachment to outside systems; which is designed to be transported on its own
wheels.
MOBILE HOME PARK
An area or premises on which is provided the required space for the accommodation of mobile homes,
together with necessary accessory buildings, driveways, walks, screening and other required adjuncts.
MOTEL
A building or group of buildings containing rooms which are offered for compensation for the
temporary accommodation of transients, and where there is no permanent occupancy of any unit except
by the owner, his agent or employees.
MULTIPLE-FAMILY RESIDENCE
A multifamily residence shall be any residence consisting of three or more dwelling units within the
same structure.
NONCONFORMING USE
A building or premises lawfully used or occupied at the time of the passage of this chapter or
amendments thereto, which use or occupancy does not conform to the regulation of this chapter or
amendments thereto. A building or use for which a valid special exception permit has been issued is not
a nonconforming use.
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PARKING LOT
A lot where automobiles are parked or stored temporarily, but not including the wrecking of
automobiles or other vehicles or storage for the purpose of repair or wrecking.
PRINCIPAL BUILDING
A freestanding structure and/or multitenant buildin sg having common walls.
PROFESSIONAL OFFICE
The office of a doctor, of medicine or dentistry,practitioner, minister, architect, landscape architect,
professional engineer, lawyer, author, musician or other recognized profession.
QUARRYING
The removal of mineral aggregates, topsoil or other natural materials from the earth by excavating,
stripping or any other mining process.
REPACKAGING
The breaking down of entire shipments into smaller parcels for reshipping.
[Added 9-2-20081
ROADSIDE STANDS
A structure having a ground area of not more than 300 square feet, not permanently fixed to the ground,
readily removable in its entirety, not fully enclosed and to be used solely for the sale of farm products
produced on the premises (or adjoining premises).
SERVICE STATION
Any building, structure or premises or other place used for the dispensing, sale or offering for sale of
any motor fuel or oils, having pumps and storage tanks; also where battery, tire and similar services are
rendered, but not including buildings or premises where such business is incidental to the conduct of a
public garage used for the repair or storage of motor vehicles.
SETBACK
The minimum horizontal distance between a building and street or lot line. Distances are to be measured
from the most outwardly extended portion of the structure at ground level.
SETBACK LINES
Lines established adjacent to highways, lot lines, lakes and streams or other places for the purpose of
defining limits within which any or certain buildings, structures or uses may not be constructed,
maintained, or carried on, except as shown herein. "Within a setback line" means between the setback
line and the highway, lake or stream to which the setback line is adjacent.
SEWERED
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A sewered lot is one served by a municipal sewer system or a municipal-type sewered system
constructed in accordance with all requirements of Wisconsin laws and all applicable administrative
regulations.
SPECIAL EXCEPTION
The use of property, including the use and location of buildings, the size of lots and the dimensions of
required yards, otherwise not a permitted use under the terms of this chapter, which is allowed by reason
of special provisions of this chapter and for which a special exception permit may be issued by the
Town Board, under conditions specified in this chapter.
STORY
The vertical distance between the surface of any floor and the floor next above it, or if there is no floor
above it, the space between such floor and the ceiling next above it.
STORY, HALF
A story under any roof except a flat roof, the wall plates of which on at least two opposite exterior walls
are not more than two feet above the floor of such story.
STREET
A public or private thoroughfare which affords a primary means of access to abutting property.
STREET FRONTAGE
The edge ofstreet along a parcel. An interior lot has one street frontage and a corner lot has two such
onta es.
STREET LINE
A dividing line between a street and the abutting lot.
STRUCTURAL ALTERATION
Any change in the supporting members, such as bearing walls, columns,purlins, rafters, beams or
girders, footings and piles.
STRUCTURE
Anything constructed or erected, the use of which requires a permanent location on the ground or
attached to something having a permanent location on the ground.
TEMPORARY STRUCTURE
A movable structure not designed for human occupancy which may be used for the protection of goods
or chattels.
TO PLACE
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The putting of a building or structure in a particular situation, whether this is by original construction or
erection or by moving a building or structure to the particular situation.
TRAVEL TRAILER
A vehicular portable structure designed as a temporary dwelling for travel, recreation and vacation use,
which does not fall within the definition of a mobile home.
TRAVEL TRAILER PARK
An area or premises on which is provided the required space for the accommodation of travel trailers,
together with necessary accessory buildings, driveways, walks, screening and other required adjuncts.
VARIANCE
A departure from the terms of this chapter as applied to a specific building, structure or parcel of land,
which the Board of Adjustment may permit,pursuant to § 105-32G of this chapter.
[Amended 4-2-2001 by Ord. No. 04-02-011
VISION CLEARANCE
An unoccupied triangular space at the intersection of highways or streets within railroads. Such vision
clearance triangles shall be bounded by the intersecting highway, street or railroad right-of-way lines
and a setback line connecting points located on such right-of-way lines by measurement from their
intersection as specified in the Highway Setback Ordinance for St. Croix County.
YARD
An open space on the same lot with a building, unoccupied and unobstructed from the ground upward
except as otherwise provided herein.
YARD, FRONT
A yard extending the full width of the lot between the front lot line and the nearest part of the main
building, excluding uncovered steps.
YARD, REAR
An open space, unoccupied except for accessory buildings, extending from the rear lot line of the main
building for the entire width of the lot, excluding such projections as are permitted hereinafter.
YARD, SIDE
A yard or open space on each side of the main building extending from the side wall of the building to
the side lot line, and from the front yard to the rear yard. When an accessory building is constructed as
part of the main building or constructed on one side of the main building, the side yard requirements
shall be the same for the accessory building as required for the main building.
Article VIII
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Changes and Amendments
§ 105-36 Authority.
Whenever the public necessity, convenience, general welfare or good zoning practice require, the Town
Board may by ordinance change the district boundaries or amend, change or supplement the regulations
established by this chapter or amendments thereto.
§ 105-37 Initiation.
[Amended 3-2-20101
A change or amendment may be initiated by the Town Board, Town Plan Commission, or by a petition of
one or more of the owners or lessees of property within the area proposed to be changed.
§ 105-38 Petitions.
Petitions by owners or lessees for any change to the district boundaries or amendment to the regulations shall
be filed with the Town Clerk, must describe the premises to be rezoned or the regulations to be amended, list
the reasons justifying the petition, specify the proposed use, and must be accompanied by a fee as set from
time to time by resolution of the Town Board,plus costs of publication,payable to the Town of Hudson. The
Town may also require all other reasonable expenses associated with the request be paid by the petitioner,
including but not limited to Town attorney fees and engineering costs. If such petition requests a change in
district boundaries, it shall have attached the following:
A. Plot plan drawn to a scale of one inch equals 100 feet showing the area proposed to be rezoned, its
location, its dimensions,the location and classification of adjacent zoning districts and the location and
existing use of all properties within 200 feet of the area proposed to be rezoned.
B. Owner's names and addresses of all properties lying within 200 feet of the area proposed to be rezoned.
C. Additional information required by the Town Plan Commission or Town Board. [Amended 3-2-20101
§ 105-39 Recommendations.
[Amended 3-2-20101
The Town Plan Commission shall review all proposed changes and amendments and shall recommend that
the petition be granted as requested, modified or denied. The recommendation shall be made at a meeting and
shall be submitted in writing to the Town Board.
§ 105-40 Hearings.
The Town Board shall hold a public hearing upon each favorable recommendation and may hold a hearing on
other recommendations, giving at least 10 days'prior notice by publication at least two times in newspapers
of general circulation in the Town during the preceding 30 days, listing the time,place, and then changes or
amendments proposed. No amendment may be adopted without a notice and hearing. If the recommendation
is for a change in district boundaries, the Town Board shall also give written notice by mail to the owners of
all land proposed to be rezoned and land within 200 feet thereof.
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§ 105-41 Town Board's action.
[Amended 3-2-20101
Following such hearing and after careful consideration of the Town Plan Commission's recommendations,
the Town Board shall vote on the passage of the proposed change or amendment.
§ 105-42 Protest.
In the event of a protest against such district change or amendment to the regulations of this chapter, duly
signed and acknowledged by the owners of 20% or more either of the areas of land included in such proposed
change, or by the owners of 20% or more of the land immediately adjacent extending 100 feet therefrom, or
by the owners of 20% or more of the land directly opposite thereto extending 100 feet from the street
frontage of such opposite land, such changes or amendments shall not become effective except by favorable
vote of 3/4 of those Town Board members voting.
Article IX
Wireless Communication Facilities
[Amended 7-5-20161
§ 105-43 Title.
This article is entitled the "Town of Hudson Mobile Tower Siting Permit Ordinance."
§ 105-44 Purpose.
The purpose of this article is to regulate by zoning permit: (1)the siting and construction of any new mobile
service support structure and facilities; (2)with regard to a Class 1 co-location, the substantial modification
of an existing support structure and mobile service facilities; and(3)with regard to a Class 2 co-location, co-
location on an existing support structure which does not require the substantial modification of an existing
support structure and mobile service facilities.
§ 105-45 Authority.
The Town Board has the specific authority under its village powers, zoning authority, and § 66.0404, Wis.
Stats., to adopt and enforce this article.
§ 105-46 Adoption.
This article, adopted by a majority of the Town Board on a roll call vote with a quorum present and voting
and proper notice having been given,provides for the regulation by zoning permit: (1)the siting and
construction of any new mobile service support structure and facilities; (2)with regard to a Class 1 co-
location, the substantial modification of an existing support structure and mobile service facilities; and(3)
with regard to a Class 2 co-location, co-location on an existing support structure which does not require the
substantial modification of an existing support structure and mobile service facilities.
§ 105-47 Definitions.
All definitions contained in § 66.0404(1), Wis. Stats., are hereby incorporated by reference.
§ 105-48 Siting and construction of mobile service support structure and facilities.
A. Application process.
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(1) A Town zoning permit is required for the siting and construction of any new mobile service support
structure and facilities. The siting and construction of any new mobile service support structure and
facilities is a conditional use in the Town obtainable with this permit.
(2) A written permit application must be completed by any applicant and submitted to the Town. The
application must contain the following information:
(a) The name and business address of, and the contact individual for, the applicant.
(b) The location of the proposed or affected support structure.
(c) The location of the proposed mobile service facility.
(d) The name of the owner(s) of the proposed location.
(e) If the application is to substantially modify an existing support structure, a construction plan which
describes the proposed modifications to the support structure and the equipment and network
components, including antennas, transmitters, receivers, base stations,power supplies, cabling, and
related equipment associated with the proposed modifications.
(f) If the application is to construct a new mobile service support structure, a construction plan which
describes the proposed mobile service support structure and the equipment and network components,
including antennas, transmitters, receivers, base stations,power supplies, cabling, and related equipment
to be placed on or around the new mobile service support structure.
(g) If an application is to construct a new mobile service support structure, an explanation as to why the
applicant chose the proposed location and why the applicant did not choose co-location, including a
sworn statement from an individual who has responsibility over the placement of the mobile service
support structure attesting that co-location within the applicant's search ring would not result in the same
mobile service functionality, coverage, and capacity; is technically infeasible; or is economically
burdensome to the mobile service provider.
(3) A permit application will be provided by the Town upon request to any applicant.
(4) If an applicant submits to the Town an application for a permit to engage in an activity described in this
article, which contains all of the information required under this article, the Town shall consider the
application complete. If the Town does not believe that the application is complete, the Town shall
notify the applicant in writing, within 10 days of receiving the application, that the application is not
complete. The written notification shall specify in detail the required information that was incomplete.
An applicant may resubmit an application as often as necessary until it is complete.
(5) Within 90 days of its receipt of a complete application, the Town shall complete all of the following or
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the applicant may consider the application approved, except that the applicant and the Town may agree
in writing to an extension of the ninety-day period:
(a) Review the application to determine whether it complies with all applicable aspects of the political
subdivision's building code and, subject to the limitations in this section, zoning ordinances.
(b) Make a final decision whether to approve or disapprove the application.
(c) Notify the applicant, in writing, of its final decision.
(d) If the decision is to disapprove the application, include with the written notification substantial evidence
which supports the decision.
(6) The Town may disapprove an application if an applicant refuses to evaluate the feasibility of co-location
within the applicant's search ring and provide the sworn statement described under Subsection A(2)(f).
(7) If an applicant provides the Town with an engineering certification showing that a mobile service
support structure, or an existing structure, is designed to collapse within a smaller area than the setback
or fall zone area required in a zoning ordinance, that zoning ordinance does not apply to such a structure
unless the Town provides the applicant with substantial evidence that the engineering certification is
flawed.
(8) The fee for the permit is $3,000 asset from time to time by resolution of the Town Board.
§ 105-49 Class 1 co-location.
A. Application process.
(1) A Town zoning permit is required for a Class 1 co-location. A Class 1 co-location is a conditional use in
the Town obtainable with this permit.
(2) A written permit application must be completed by any applicant and submitted to the Town. The
application must contain the following information:
(a) The name and business address of, and the contact individual for, the applicant.
(b) The location of the proposed or affected support structure.
(c) The location of the proposed mobile service facility.
(d) The name of the owner(s) of the proposed location.
(e) If the application is to substantially modify an existing support structure, a construction plan which
describes the proposed modifications to the support structure and the equipment and network
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components, including antennas, transmitters, receivers, base stations,power supplies, cabling, and
related equipment associated with the proposed modifications.
(f) If the application is to construct a new mobile service support structure, a construction plan which
describes the proposed mobile service support structure and the equipment and network components,
including antennas, transmitters, receivers, base stations,power supplies, cabling, and related equipment
to be placed on or around the new mobile service support structure.
(g) If an application is to construct a new mobile service support structure, an explanation as to why the
applicant chose the proposed location and why the applicant did not choose co-location, including a
sworn statement from an individual who has responsibility over the placement of the mobile service
support structure attesting that co-location within the applicant's search ring would not result in the same
mobile service functionality, coverage, and capacity; is technically infeasible; or is economically
burdensome to the mobile service provider.
(3) A permit application will be provided by the Town upon request to any applicant.
(4) If an applicant submits to the Town an application for a permit to engage in an activity described in this
article, which contains all of the information required under this article, the Town shall consider the
application complete. If the Town does not believe that the application is complete, the Town shall
notify the applicant in writing, within 10 days of receiving the application, that the application is not
complete. The written notification shall specify in detail the required information that was incomplete.
An applicant may resubmit an application as often as necessary until it is complete.
(5) Within 90 days of its receipt of a complete application, the Town shall complete all of the following or
the applicant may consider the application approved, except that the applicant and the Town may agree
in writing to an extension of the ninety-day period:
(a) Review the application to determine whether it complies with all applicable aspects of the political
subdivision's building code and, subject to the limitations in this section, zoning ordinances.
(b) Make a final decision whether to approve or disapprove the application.
(c) Notify the applicant, in writing, of its final decision.
(d) If the decision is to disapprove the application, include with the written notification substantial evidence
which supports the decision.
(6) The Town may disapprove an application if an applicant refuses to evaluate the feasibility of co-location
within the applicant's search ring and provide the sworn statement described under Subsection A(2)(f).
(7) If an applicant provides the Town with an engineering certification showing that a mobile service
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support structure, or an existing structure, is designed to collapse within a smaller area than the setback
or fall zone area required in a zoning ordinance, that zoning ordinance does not apply to such a structure
unless the Town provides the applicant with substantial evidence that the engineering certification is
flawed.
(8) The fee for the permit is $3,999 asset from time to time by resolution of the Town Board.
§ 105-50 Class 2 co-location.
A. Application process.
(1) A Town zoning permit is required for a Class 2 co-location. A Class 2 co-location is a permitted use in
the Town but still requires the issuance of the Town permit.
(2) A written permit application must be completed by any applicant and submitted to the Town. The
application must contain the following information:
(a) The name and business address of, and the contact individual for, the applicant.
(b) The location of the proposed or affected support structure.
(c) The location of the proposed mobile service facility.
(3) A permit application will be provided by the Town upon request to any applicant.
(4) A Class 2 co-location is subject to the same requirements for the issuance of a building permit to which
any other type of commercial development or land use development is subject.
(5) If an applicant submits to the Town an application for a permit to engage in an activity described in this
article, which contains all of the information required under this article, the Town shall consider the
application complete. If any of the required information is not in the application, the Town shall notify
the applicant in writing, within five days of receiving the application, that the application is not
complete. The written notification shall specify in detail the required information that was incomplete.
An applicant may resubmit an application as often as necessary until it is complete.
(6) Within 45 days of its receipt of a complete application, the Town shall complete all of the following or
the applicant may consider the application approved, except that the applicant and the Town may agree
in writing to an extension of the forty-five-day period:
(a) Make a final decision whether to approve or disapprove the application.
(b) Notify the applicant, in writing, of its final decision.
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(c) If the application is approved, issue the applicant the relevant permit.
(d) If the decision is to disapprove the application, include with the written notification substantial evidence
which supports the decision.
(7) The fee for the permit is $5 as set from time to time by resolution of the Town Board.
§ 105-50.1 Violations and penalties.
A. Any person,partnership, corporation, or other legal entity that fails to comply with the provisions of this
article shall, upon conviction,pay a forfeiture of not less than-$-.�2 $75 nor more than$2-00$500,plus
the applicable surcharges, assessments, and costs for each violation.
B. Each day a violation exists or continues constitutes a separate offense under this article. In addition, the
Town Board may seek injunctive relief from a court of record to enjoin further violations.
Article X
Adult Establishments
§ 105-51 Purpose.
To create an overlay zoning district whereby adult establishments are sufficiently separated from each other
and conflicting uses so as to ameliorate the negative secondary effects of adult uses while providing adult
establishments sufficient area and opportunity to operate within the Town so as not to suppress their
existence.
§ 105-52 Definitions.
As used in this chapter, the following terms shall have the meanings indicated:
ADULT BOOKSTORE
An establishment which, as its substantial course of conduct,presents adult entertainment for
observation by patrons therein, or which, as part of its substantial course of conduct, offers for sale, rent,
trade, lease, inspection or viewing books, films, videocassettes, magazines or other such media, which
are distinguished or characterized by their emphasis on matters depicting, describing or relating to
specified anatomical areas or specified sexual activities.
ADULT CABARET
A nightclub, dance hall, bar, restaurant or similar commercial establishment that regularly features:
A. Persons who appear in a state of nudity or seminudity; or
B. Live performances that are characterized by specified sexual activities; or
C. Films, motion pictures, videocassettes, slides or other photographic reproductions that are characterized
by the depiction or description of specified sexual activities or nudity.
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ADULT ENTERTAINMENT
Any exhibition of any motion picture, live performance, display or dance of any type which has as a
significant or substantial portion of such performance, or is distinguished or characterized by an
emphasis on any actual or simulated performance of specified sexual activities or exhibition and
viewing of specified anatomical areas.
ADULT ESTABLISHMENT
Includes adult bookstores, adult motion-picture theaters, adult novelty stores, and further means any
premises to which public patrons or members are invited or admitted that is substantially devoted to the
purveyance, demonstration or display of specified sexual activities or specified anatomical areas.
ADULT MOTION-PICTURE THEATER
Any establishment for the presentation of motion pictures that as its dominant theme, or distinguished or
characterized by an emphasis on, matters depicting, describing or relating to specified sexual activities
or specified anatomical areas for observations by patrons therein.
ADULT NOVELTY STORE
Any establishment which as its substantial course of conduct offers for sale, rent, trade, lease, inspection
or viewing any adult novelty items, sex toys, sexual gratification appliances or other similar products,
excluding contraceptives or similar products of medical value, that are distinguished or characterized by
their emphasis on matters depicting, describing or relating to specified anatomical areas or specified
sexual activities.
SEXUALLY ORIENTED BUSINESS
An adult bookstore, adult establishment, adult motion-picture theater, adult novelty store, adult cabaret,
a business featuring adult entertainment or other business classified as an adult establishment.
SPECIFIED ANATOMICAL AREAS
A. Less than completely and opaquely covered human genitals or pubic region.
B. Human male genitals in a discernibly turgid state, even if opaquely covered.
C. Less than completely and opaquely covered nipples or areolas of the human female breast.
SPECIFIED SEXUAL ACTIVITIES
Simulated or actual:
A. Showing of human genitals in a state of sexual stimulation or arousal; or
B. Acts of masturbation, sexual intercourse, sodomy, bestiality, necrophilia, sadomasochistic abuse, fellatio
or cunnilingus; or
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C. Fondling or erotic touching of human genitals,pubic region, buttocks or female breasts.
SUBSTANTIAL
Forty percent or more of a business stock-in-trade, display space, floor space or retail sales in any one
month. Upon reasonable belief that an entity is in excess of the forty-percent threshold, that entity shall
provide all necessary records, receipts and documentation to the Town upon request. Failure to do so
shall result in a presumption that the entity is operating in excess of the threshold.
§ 105-53 Location.
A. No adult establishment shall be located:
(1) Within any zoning district other than Commercial/Light Industrial.
(2) Within 500 (plus) feet of an existing adult establishment.
(3) Within 1,000 feet of any single-family or two-family dwelling.
(4) Within 1,000 feet of any pre-existing school, church or daycare.
(5) Within 500 feet of any pre-existing establishment licensed to sell or dispense fermented malt beverages
or intoxicating liquor.
B. For purposes of this section, distances are to be measured in a straight line, without regard to intervening
structures or objects, from the property line of the adult establishment, to the nearest property line of
another adult establishment, dwelling, school, church, daycare or establishment selling or dispensing
fermented malt beverages of intoxicating liquor.
§ 105-54 Hours of operation.
A. No adult establishment shall be open between the hours of 2:00 a.m. and 8:00 a.m., Monday through
Friday, between the hours of 2:30 a.m. and 8:00 a.m. on Saturdays, or between the hours of 2:30 a.m.
and 12:00 noon on Sundays.
B. All adult establishments shall be open to inspection at all reasonable times by the County Sheriffs
Department and the code enforcement officer.
§ 105-55 Regulation of sexually oriented business.
A. The sale, use or consumption of alcoholic beverages on the premises of a sexually oriented business is
prohibited.
B. It shall be unlawful to allow a person who is younger than 18 years of age to enter or be on the premises
of a sexually oriented business at any time the sexually oriented business is open for business.
C. It shall be the duty of the operator of each sexually oriented business to ensure that an attendant is
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stationed at each public entrance to the sexually oriented business at all times during such sexually
oriented businesses' regular business hours. It shall be the duty of the attendant to prohibit any person
under the age of 18 years from entering the sexually oriented business. It shall be presumed that an
attendant knew a person was under the age of 18 unless such attendant asked for and was furnished:
(1) A valid operator's, commercial operator's or chauffeur's driver's license; or
(2) Personal identification card issued by a state agency reflecting that such person is 18 years of age or
older.
D. No person shall cause another to commit a violation of this section, nor shall any person permit such
violation to occur on any premises under his/her control, tenancy, management or ownership.
§ 105-56 Exemptions.
The provisions of this article do not apply to the following establishments: theaters,performing arts centers,
civic centers and dinner theaters where live dance, ballet, music and dramatic performances of serious
artistic, social or political merit are offered on a regular basis; and in which the predominant business or
attraction is not the offering of entertainment which is intended for the sexual interests or titillation of
customers; and where the establishment is not distinguished by an emphasis on or the advertising or
promotion of nude or seminude performances. While expressive live nudity may occur within these
establishments, this article seeks only to minimize and prevent the secondary effects of sexually oriented
businesses on the community. Negative secondary effects have not been associated with these
establishments.
§ 105-57 Violations and penalties.
A. Violation of the use provisions of this article is declared to be a public nuisance per se, which shall be
abated by Town Attorney by way of civil abatement procedures.
B. Any person,partnership or corporation who violates any of the provisions of this article shall be subject
to a forfeiture of not less than$4-W$75 and not more than $500 per violation. A separate offense and
violation shall be deemed committed on each day on which a violation occurs or continues. In addition,
violation of this article constitutes sufficient grounds for suspending, revoking or nonrenewing an
alcohol beverage license under Section 125.12 of the Wisconsin Statutes.
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