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HomeMy WebLinkAboutResolution 1991 (05) RESOLUTION TO APPROVE AN AMENDMENT TO THE TOWN OF HUDSON ZONING ORDINANCE REPEALING SECTION 2.8, INDUSTRIAL DISTRICT, AND RECREATING SECTION 2.8, INDUSTRIAL DISTRICT Resolution No. 5 St. Croix County, Wisconsin WHEREAS, the Town of Hudson has adopted an amendment to its zoning ordinance dated April 18, 1977, repealing Section 2.8, Industrial District, and all amendments to Section 2.8, and recreating Section 2.8, Industrial District, which amendment was passed and approved by the Hudson Town Board on October 3, 1990; and WHEREAS, Section 60.62(3), Wisconsin Statutes, states that in counties having a county zoning ordinance, no town zoning ordinance or amendment of a zoning ordinance is effective unless approved by the county board; and WHEREAS, St. Croix County has a zoning ordinance; and WHEREAS, the Comprehensive Planning, Zoning and Parks Committee has reviewed the proposed amendment to the Town of Hudson Zoning Ordinance and recommends its approval; NOW, THEREFORE, BE IT RESOLVED by the St. Croix County Board of Supervisors, meeting in regular session, that the amendment to the Town of Hudson Zoning Ordinance dated April, 18, 1977, repealing Section 2.8, Industrial District, and all amendments to Section 2.8, and recreating Section 2.8, Industrial District, which was passed and approved by the Hudson Town Board on October 3, 1990, be and is hereby approved. Dated this day of , 1990. Offered by: COMPREHENSIVE PLANNING, ZONING & PARKS COMMITTEE NEGATIVE AFFIRMATIVE V October 16, 1990 ORDINANCE FOR THE TOWN OF HUDSON REPEALING SECTION 2.8 Amendment to the Town of Hudson Zoning Ordinance dated April 18, 1977, repealing the current Section 2.8, Industrial District, and all amendments to Section 2.8 and enacting the following: 2.8 Industrial District Statement of Purpose. The Industrial District for the Town of Hudson is created for the following reasons: (a) 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. (b) To reserve appropriately located areas within the Town of Hudson for industrial development and related activities. (c) To protect areas appropriate for industrial development from intrusion by inappropriate uses. (d) To protect residential and commercial properties from intrusion by industrial uses. (e) To protect nusiance -free, non - hazardous industrial uses from inappropriate noise, odor, dust, dirt, smoke, vibration, glare and other objectionalble influences, and from fire, explosion, noxious fumes, radiation and other hazards that are incidental to certain industrial uses. (f) To provide opportunities for certain types of industrial activities to concentrate in mutually beneficial relationships to each other. (g) To provide adequate space to meet the needs of modern • industrial development, including areas for off - street parking,. truck loading areas and site landscaping. (h) 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. (i) 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. (j) 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. Page 1 October 16, 1990 ORDINANCE FOR THE TOWN OF HUDSON REPEALING SECTION 2.8, INDUSTRIAL DISTRICT OF THE ZONING ORDINANCE 2.8.1 Permitted Uses in the Industrial District. (a) Athletic and health clubs. (b) Electrical, plumbing, water, gas or steam fitting shops. (c) Manufacturing, compounding, processing, packaging and assembly of products and materials. (d) Offices. (e) 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). (f) Scientific research, investigation, non - hazardous testing or experimentation. (g) Warehousing of perishable or non - perishable 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. (h) 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. 2.8.2 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: • (a) Personnel service facilities providing personnel services, education, recreation, entertainment, food and convenience good primarily used by those individuals employed for the principal use of the property. (b) Warehousing of products manufactured by the principal use. (c) Signs as permitted by sign provisions within this Zoning Code. (d) Offices and administrative facilities that support the principal industrial use. (e) 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. Page 2 t October 16, 1990 ORDINANCE 'FOR THE TOWN OF HUDSON REPEALING SECTION 2.8, INDUSTRIAL DISTRICT OF THE ZONING ORDINANCE 2.8.3 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: (a) An industrial use or service not listed in Section 2.8.1, Permitted Uses, 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 Zoning and Planning Committee and subsequent approval by the Town Board. Any negative recommendation by the Town Zoning and Planning Committee shall require a two - thirds majority vote of the Town Board for approval to be granted for the proposed use. A public hearing held according to Section 7.5, Hearings, and the subsequent Zoning Code amendment of Section 2.8.1 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 Section 2.8.1. (b) Temporary uses are permitted but shall not exceed six (6) months in duration after being found by the Town Zoning and Planning Committee and Town Board to be compatible with the permitted use and requirements of the Industrial District. (c) 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 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 be less than five feet in height. Page 3 October 16, 1990 ORDINANCE FOR THE TOWN OF HUDSON REPEALING SECTION 2.8, INDUSTRIAL DISTRICT OF THE ZONING ORDINANCE (d) 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 residential district. (e) 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 residential district. 2.8.4 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: (a) All exterior wall finishes on any building shall be one or any combination of the following materials: - face brick - natural stone - specially designed pre -cast concrete units if the surfaces have been integrally treated with an applied decorative or textured treatment - glass - wood - architectural masonry block - factory . fabricated and finished metal framed panel construction shall be permitted if the panel materials on the exterior surface are used with any of the surface materials mentioned above (b) 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 Zoning and Planning Committee and the Town • Board. Page 4 R October 16, 1990 ORDINANCE FOR THE TOWN OF HUDSON REPEALING SECTION 2.8, INDUSTRIAL DISTRICT OF THE ZONING ORDINANCE 2.8.5 Requirements for Building Coverage, Setbacks and Height. (a) Minimum Land Area. No tract of land shall be transferred to the Industrial District unless done so in accordance with Section 7.0, 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 ten (10) acres in total area or is immediately contiguous to other land already zoned Industrial District. (b) Minimum Lot Size. All lots located within the Industrial District shall have a minimum lot area of two (2) acres: (c) 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. (d) Maximum Building Lot Coverage. (1) Industrial Lots of less than three (3) acres shall have a maximum building coverage on the lot of 30 percent. (2) Industrial Lots of three (3) acres or more shall have a maximum building coverage on the lot of 45 percent. That figure may be increased to 60 percent 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 building. (e) Setbacks. The following setbacks shall apply to all • principal and accessory buildings constructed on Industrial District lots: (1) Front Street - .00 foot setback from the edge of the road right -of -way (2) Side Street - 100 foot setback from the edge of the road right -of -way (3) Interior Side Yard - 75 foot setback from the edge of the property line (4) Rear Yard - 75 foot setback from the edge of the property line (f) Maximum Building Height. Maximum building height for any structure within the Industrial District shall be 45 feet. Measure- ment of the height shall commence at the top of the footings. Page 5 • i October 16, 1990 ORDINANCE THE TOWN OF HUDSON REPEALING SECTION 2.8, INDUSTRIAL DISTRICT OF THE ZONING ORDINANCE 2.8.6 Access. (a) 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. (b) 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 on to public roads, and shall also attempt to share parking facilities. (c) 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. 2.8.7 Restrictions, Controls and Design Standards. Uses which because of the nature of their operation are accompanies by an excess of noise, vibration, dust, dirt, smoke, odor, noxious gases, glare or *.castes 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 Industry, Labor and Human Relations (DILHR), or any other appropriate governmental agency that has review or permit authority. agency, that 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 accordance with the standards set forth in Sub- section 6C of the Town of Hudson Noise Ordinance. Page 6 October 16, 1990 ORDINANCE FOR THE TOWN OF HUDSON REPEALING SECTION 2.8, INDUSTRIAL DISTRICT OF THE ZONING 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 aj.r. For measurement of the amount ofparticles in gases resulting from combustion, standard corrections shall be applied to a stack temperature of 500 degrees Fahrenheit and 50 percent excess air. (d) Smoke. Measurement shall be at the point of emission. The most recent Ringleman 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 30- minute period. These provisions, applicable to visible grey 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. . 7 • October 16, 1990 ORDINANCE FOR THE TOWN OF HUDSON REPEALING SECTION 2.8, INDUSTRIAL DISTRICT OF THE ZONING ORDINANCE. 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. • 2.8.8 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 Zoning and Planning Committee and then the Town Board prior to a Commercial and Industrial Land Use Permit being issued and construction comTrencing. (a) Copies of the site plan must be submitted to the Town • Clerk at least ten (10) days in advance of the Town Zoning and Planning Committee'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 Section 2.7.9, Procedure for Site Plan Approval in the Commercial District. (b) The same procedures, requirements and.standards required in Section 2.7.9 of this Zoning Code, Procedure for Site Plan Approval in the Commercial District, shall also apply within the Industrial District. Page 8 1