[Amended 1-6-2015 by Ord.
No. 01-2015; 1-8-2016 by Ord. No. 01-2016; 1-8-2016 by Ord. No. 04-2016; 5-16-2023 by Ord. No. 2023-10; 3-19-2024 by Ord. No. 2024-02]
This article applies only to the Orlando/Packerland Planned
Development District (OPPDD) which is a mixed-use development district
(hereinafter referred to as the "district"). The Orlando/Packerland
Planned Development District is intended to provide a blueprint and
design guidelines for a mixed-use district that attracts and facilitates
an expanding, diverse and stable tax base. The District is intended
to be a recognizable and cohesive mixed-use district where limited
industrial and commercial businesses will be located, with nearby
residential areas available to workforces. Other complementary activities
will provide support to both the residential and commercial feature
and bring a strong economic base to the district. Specifically, this
district's purpose is to:
A.
Assure that planned growth accomplishes goals set forth in the Village's
Comprehensive (Smart Growth) Plan;
B.
Promotes flexibility in design and the efficient use of land to facilitate
a more economic arrangement of buildings, uses, circulation systems
and utilities;
C.
Provide for the accomplishment of external architectural unity so
as to promote cohesiveness of design aesthetics throughout the entire
district;
D.
Provide more usable and suitably located common and open space areas
than would otherwise be provided under conventional land development
procedures.
A.
All of Lots 1, 6, 7, 8, 11, 12 and 13, part of Lots 2, 3, 4, 5 and
9, and part of Government Lots 1 and 2, all in Section 25, T23N, R19E,
Village of Hobart, Brown County, Wisconsin more fully described as
follows:
Commencing at the Northwest corner of said Section 25;
Thence S00°13'28"W, 453.05 feet along the west line
of said Section 25 to the westerly extension of the south line of
Lot 1, Volume 13 of Certified Survey Maps, Page 187 (13CSM187), the
point of beginning;
Thence S00°13'28"W, 864.87 feet along the west line
of said Section 25;
Thence S00°13'30"W, 598.30 feet along the west line
of said Section 25 to south line of said Lot 8;
Thence N85°01'07"E, 685.00 feet along said south line
to a west line of lands described in Document Number 1643596;
Thence SOO°13'30"W, 53.27 feet along said west line
to the south line of said lands;
Thence S86°05'31"E, 584.56 feet along said south line
to the west line of said Lot 11;
Thence S86°05'31"E, 584.56 feet along said south line
to the west line of said Lot 11;
Thence S00°31'53"W, 575.92 feet along said west line
to the southwest corner of said Lot 11;
Thence S00°14'09"W, 1,315.27 feet along the west line
of said Lot 13 to the southwest corner thereof;
Thence N84°56'23"E, 481.51 feet along the south line
of said Lot 13 to the southeast corner thereof;
Thence N30°26'27"E, 1,760.82 feet along the east line
of said Lot 13 and continuing on the east line of said Lot 12 to the
south line of said Government Lot 2;
Thence N89°52'43"E, 1,059.19 feet on said south line
to the west right-of-way of Packerland Drive (aka CTH'EB');
Thence 7.90 feet on the arc of a 2,914.79 foot radius curve
to the right, having a long chord which bears N06°28'32"E,
7.90 feet on said west right-of-way to the south line of Lot 1, Volume
12 of Certified Survey Maps, Page 31 (12CSM31);
Thence N89°49'28"W, 402.87 feet on said south line
to the west line of said Lot 1, 12CSM31;
Thence N00°10'32"E, 208.71 feet on said west line to
the north line of said Lot 1, 12CSM31;
Thence S89°49'21"E, 433.88 feet on said north line
to said west right-of-way;
Thence 611.63 feet on the arc of a 2,914.79 foot radius curve
to the right, having a long chord which bears N16°42'46"E,
610.51 feet on said west right-of-way;
Thence N22°43'27"E, 16.81 feet on said west right-of-way;
Thence N17°39'58"E, 1,665.36 feet on said west right-of-way;
Thence S72°20'02"E, 8.25 feet on said west right-of-way;
Thence N17°39'58"E, 178.66 feet on said west right-of-way;
Thence N25°23'11"W, 47.28 feet on said west right of
way to the south right-of-way of Orlando Drive (aka CTH 'EE');
Thence 291.88 feet on the arc of a 3,779.71 foot radius curve
to the left, having a long chord which bears S87°19'58"W,
291.81 feet on said south right-of-way to the east line of Lot 1 of
said Section 25;
Thence N30°26'27"E, 49.09 feet along said east line
to the north line of said Section 25;
Thence S85°01'07"W, 1,729.82 feet along said north
line to the northerly extension of the east line of Lot 1, Volume
53 of Certified Survey Maps, Page 243 (53CSM243);
Thence S00°16'17"E, 593.26 feet on said northerly extension
and continuing on said east line to the southeast corner of said Lot
1, 53CSM243;
Thence S89°43'43"W, 410.00 feet on the south line of
said Lot 1, 53CSM243 to the southwest corner thereof;
Thence S86°38'31"W, 214.59 feet on the south line of
lands described in Document Number 2987507 to the west line of Lot
1, Volume 54 of Certified Survey Maps, Page 12 (54CSM12);
Thence N00°16'17"W, 553.38 feet on said west line and
continuing on its northerly extension to said north line of said Section
25;
Thence S85°01'07"W, 300.10 feet on said north line
of Section 25;
Thence S00°16'17"E, 289.70 feet;
Thence S22°00'00"W, 400.00 feet;
Thence S88°00'00"W, 1,144.09 feet;
Thence N46°00'00"W, 178.26 feet to the south line of
said Lot 1, 13CSM187;
Thence S85°01'14"W, 120.00 feet on said south line
and continuing on its westerly extension to the point of beginning
B.
Said description contains 220 acres of land, more or less.
A.
Engineering design standards. Normal standards or operational policy regarding right-of-way widths, provision for sidewalks, streetlighting and similar environmental design criteria shall not be mandatory in the district, but precise standards satisfactory to the Village, pursuant to the criteria as set forth in §§ 295-153 through 295-157 hereof shall be made a part of the approved plan and shall be enforceable as a part of this chapter. Building, lot and associated infrastructure layout shall meet all ingress and egress requirements for fire safety.
B.
Contractual requirements and guarantees. The owner shall enter into
an appropriate contract or agreement with the Village to guarantee
the development and operation in accordance with the terms and conditions
established between the Village and the owner of the development project
and to provide the Village with sufficient assurances that the owner
will abide by the Village's zoning, taxing and other municipal
authority. Any changes or additions to the original approved development
site, structures or plans of operation shall require resubmittal and
approval by the Site Review Committee.
C.
Parking. Parking shall conform to the requirements as set forth in Article XXVIII, Off-Street Parking Requirements, of the Village of Hobart Code of Ordinances to the maximum extent practicable in addition to any requirements set forth in this article. The Site Review Committee may require shared parking, or require other parking strategies that promote an open/green space concept set forth in the Master Plan or strategies to otherwise mitigate the promotion of impervious parking surfaces. Parking availability in residential land uses shall be calculated per dwelling unit and shall match the number of bedrooms in such unit, and at least one of the parking arrangements must be garage parking. All other parking must be off-street. Throughout the district, parking spaces shall be provided on the basis required for each individual use as determined by first, the Village Engineer and second, ultimate approval of the Site Review Committee. Loading docks for semitrailer or delivery trucks shall be rear- or side-loaded, or otherwise not visible from the roadway. In the limited industrial (LI), large commercial and retail (LCR), and small commercial and retail (SCR) land use designations, no overnight parking, storage or idling of vehicles shall be allowed on site without prior approval from the Village Board.
D.
Signs. Private signs shall be regulated as set forth in § 295-361, Regulation of signs. All public signs within the district shall be aesthetically cohesive and follow the regulations set forth in § 295-361, Regulation of signs. The Site Review Committee may approve signs that may not comply with the ordinances referenced herein, provided such sign(s) promotes or adheres to the general design aesthetics, themes and guidelines of the municipal sign ordinance.
E.
Stormwater and erosion control. The intent of this district ordinance
encourages project plans that are compatible with a regional approach
to stormwater detention and management. Throughout the district, stormwater
management and erosion control requirements shall be in accordance
with applicable rules and regulations. Easements for stormwater management
facilities shall also be required, and granted, upon request from
the Village.
F.
Failure to comply. Failure to comply with the conditions, commitments,
guarantees or the recommendations established in the approval of such
development project will be cause for rescinding the approval of the
same. Upon notice given by the Zoning Administrator/Building Inspector,
the owner then shall be required to appear before the Site Review
Committee at its next meeting to explain any such failure to comply.
The Site Review Committee at such public hearing may set a time limit
for compliance and/or recommend specific steps to be taken prior to
rescinding the approval of the project, including the termination
of the construction of any buildings on such site upon 30 days'
notice in writing to the owner at his last-known address. Continued
failure to comply shall result in the rescinding of plan approvals
by the Site Review Committee.
G.
Bicycle and pedestrian connectivity. To enable and encourage people
to walk and bicycle within this district, the Village shall encourage
street patterns within new developments that have connections to the
existing street system where possible.
To provide controls on type, use, economic and environmental
impact, and to uphold the health, safety, general welfare and morals
of the Village, the following land uses are prohibited throughout
the district:
A.
Automobiles: automobile dismantling, selling of used automobile parts
or used car lots with the exception of minor service and repair stations;
B.
Boardinghouse or other places of accommodation that charge on more
than a nightly basis and do not provide an individual, self-contained
unit, including a full bath with each sleeping room;
C.
Contractor's plant or storage yard;
D.
Live poultry or fowl market or poultry killing except in a designated
farmer's market or flea market area and as regulated by hours
of operations, frequency and use limitations as established by the
Village;
E.
Pawn shops;
F.
Sale of firearm or weapons of any kind unless the sale is part-in-parcel
of a large sporting goods or other large retail store;
G.
External storage of iron, bottles, rags or junk, except for materials
temporarily stored in a municipal recycling program, or storage of
any materials, except those used for retail uses or office uses on-site;
H.
The keeping of nondomestic animals in buildings other than in the
commercial and retail (CR) uses as outlined in this chapter;
I.
The storage or parking of trucks, except those associated with a
building lawfully erected for such purposes unless in the limited
industrial (LI) land use classification within the district;
J.
Trailer lots unless in the limited industrial (LI) land use classification
within the district;
K.
Trucking contractor's garage or storage yard unless in the limited
industrial (LI) land use classification within the district;
L.
All prohibitions, not otherwise outlined elsewhere in this chapter, pursuant to Article XXV, Entertainment Overlay District, of this chapter;
M.
All other uses expressly prohibited, or not expressly permitted,
in the entire Village pursuant to this chapter.
The following land uses are permitted within the district. The
spirit and intent of the district is to allow flexibility in types
of land uses, minimum lot dimensions and bulk standards, and all site-specific
criteria. A development plan must satisfy the standards set forth
in this article.
Residential dwelling units comprised of single family, duplex,
townhouse, row house or condominium where the owner occupies the dwelling
unit. Single-family residences are limited to two stories.
A.
Permitted uses. All uses outlined under "permitted uses" within the R-1 Residential (Article VI of this chapter), R-2 Residential (Article VII of this chapter), R-3 Residential (Article VIII of this chapter), and R-4 Single and Two-Family Residential zoning classifications (Article IX of this chapter) are permitted in the district.
B.
Lot requirements.
(1)
Lot area and lot frontage. No single-family lot is to be less
than 70 feet in width; no duplex lot is to be less than 80 feet in
width.
(2)
Density. Single-family lots shall have a minimum density of
8,400 square feet, unless otherwise specified herein; duplex lots
shall have a minimum density of 9,600 square feet.
C.
Height regulations. All structures must be designed so as to ensure
adequate air, light and privacy for all residents, and minimize adverse
effects upon surrounding properties. Maximum height restrictions are
35 feet, unless otherwise approved by the Site Review Committee.
D.
Building setbacks. All structures must meet the minimum setback requirements
of 25 feet for front yards, seven feet for each side yard, 25 feet
for rear yards, driveways four feet off property lines, maximum curb
cut of 30 feet with 22 feet at the right-of-way, and no accessory
buildings and no outside storage.
F.
Parking.
(1)
All dwellings shall provide a minimum of two enclosed parking
stalls meeting the building setback requirements.
(2)
Enclosed parking stalls shall be accessed by a paved driveway
which shall be limited to a direct path between the public right-of-way
and the enclosed parking stalls.
(3)
There shall be no off-street parking or storage in any yard
except for within the paved driveway.
(4)
Parking shall not extend into the public right-of-way.
(5)
Open off-street parking facilities shall be solely for parking
of passenger vehicles, which shall be regulated as follows:
(a)
All vehicles shall be in condition for safe and legal performance
on public rights-of-way and shall be registered, displaying current
license plates.
(b)
There shall be no exterior parking or storage of nonpassenger
vehicles and equipment except as follows:
[1]
A maximum of one commercial vehicle, licensed and registered
for operation on public rights-of-way, per dwelling unit may be parked
outdoors if:
[2]
Nonpassenger vehicles and equipment associated with and customary
to residential uses may be parked for a maximum of 24 consecutive
hours.
[a]
Nonpassenger vehicles and equipment normally associated
with and customary to a residential use include, but are not limited
to:
[b]
Vehicles and/or equipment not normally associated
with or customary to a residential use specifically prohibited from
being parked or stored outdoors on residential property include, but
are not limited to:
[i]
Construction equipment, such as bulldozers, backhoes,
skid steers, and forklifts.
[ii]
Dump and stake-body-style trucks.
[iii]
Cube-type vans and trucks.
[iv]
Landscaping business equipment, such as tractors,
tree spades, graders and scrapers.
[v]
Semitrailers and semi-tractors.
[vi]
Concession, vending and catering trailers.
[vii]
Commercial/industrial equipment trailers and
lifts.
[viii]
Tow trucks, wreckers or car carriers.
[c]
"Twenty-four consecutive hours," for the purposes
of this section, shall be defined as a time frame which is inclusive
of all time in which a regulated nonpassenger vehicle is not removed
from the premises for more than 72 consecutive hours.
Single-family transitional residences are limited to two stories.
A.
Permitted uses. Single-family transitional dwellings are permitted
in the district.
B.
Lot requirements.
(1)
Lot area. Single-family lots shall have a minimum density of
7,500 square feet, unless otherwise approved by the Village Board
through the plat approval process.
C.
Height regulations. All structures must be designed so as to ensure
adequate air, light and privacy for all residents. Maximum height
restrictions are 35 feet, unless otherwise approved by the Site Review
Committee.
D.
Building setbacks. All structures must meet the minimum setback requirements
of 23 feet for front yards, five feet for each side yard, 25 feet
for rear yards, driveways four feet off property lines, maximum curb
cut of 26 feet with 20 feet at the right-of-way, and no detached accessory
or utility buildings and no outside storage.
The multifamily residential land use classification refers to
apartment buildings that house multiple families or households. The
multifamily designation may consist of traditional apartments, community-based
retirement facilities, townhouses or row houses, or condominium dwelling
units. Multifamily land use applications shall consist of not less
than three dwelling units.
A.
Permitted uses. All uses outlined under "permitted uses" within the R-6 Multifamily Residential (Article XI of this chapter) providing an exception within the District to allow for multifamily dwellings to exceed the maximum of 12 units.
B.
Lot requirements. Lot requirements will vary based on the number
of proposed units to be constructed on the site, green space requirements,
parking and stormwater management requirements. All lots shall meet
the approval of the Site Review Committee.
C.
Building height. All structures must be designed so as to ensure adequate air, light, privacy for all residents, and minimize adverse effects upon surrounding properties. Maximum height restrictions are 35 feet, except as provided be § 295-13, unless otherwise approved by the Site Review Committee.
D.
Building size. There shall be at least 600 square feet minimum per
one-bedroom residential dwelling unit; there shall be at least 800
square feet per two-bedroom residential unit.
E.
Green space. Twenty-five percent of the total lot area must remain
open green space in the multifamily land use designation.
F.
Building setbacks. All structures must meet the minimum setback requirements
of 30 feet for front yards, 15 feet for side yards, 25 feet for rear
yards, driveways 10 feet off property lines, maximum curb cut of 35
feet with 25 feet at the right-of-way, and no unenclosed storage.
Accessory buildings will only be acceptable for the enclosed storage
of automobiles, administrative offices, refuse storage, or enclosed
storage for maintenance vehicles and/or equipment. Garages and accessory
buildings must meet minimum setback requirements of 30 feet for front
yard and 10 feet for rear and side yards.
[Amended 1-8-2016 by Ord.
No. 04-2016]
A.
Permitted uses: all uses outlined under "permitted uses," and not otherwise prohibited in the District within the B-1 Community Business District (Article XX of this chapter), B-2 Limited Community Business District (Article XXI of this chapter), C-1 Limited Commercial District (Article XXII of this chapter) and I-1 Limited Industrial District (Article XXIII of this chapter). Additional permitted uses under commercial and retail (CR) shall include the following:
(1)
Art shops or galleries;
(2)
Grocery stores;
(3)
Department stores;
(4)
Large boutique stores;
(5)
Hotels;
(6)
Bowling alleys;
(7)
Cinemas or theaters;
(8)
Clubs and lodges, nonfraternal or fraternal;
(9)
Business schools;
(10)
Eating and drinking establishments;
(11)
Meeting halls;
(12)
Museums, auditoriums and arenas;
(13)
Monument shops with restricted outside storage;
(14)
Schools, commercial and trade;
(15)
Shopping centers;
(16)
Pet shops operating in a completely enclosed facility;
(17)
Nursing and personal care facilities (community-based retirement
facilities);
(18)
Post offices;
(19)
Municipal or other governmental facilities;
(20)
Parks and open space;
(21)
Research institutions;
(22)
Other retail and commercial uses similar in character when determined
by the Site Review Committee to be in accordance with the intent and
purpose of this chapter.
B.
Lot requirements. Lot requirements will vary based upon the proposed
square footage of the project to be constructed on the site, green
space requirements, parking and stormwater management requirements.
All lots shall meet the approval of the Site Review Committee. All
outlets must meet the requirements of the Site Review Committee.
C.
Height regulations. All structures within the CR designation shall be so designed as to ensure adequate air, light, and minimize adverse effects upon surrounding properties and conform to a maximum height of 50 feet; except as provided by § 295-13, Height regulations. See § 295-1541 of this article.
D.
Building setbacks. Minimum setbacks shall be established per the
design and use of the structure.
E.
Other requirements. Structures and buildings allowed in the commercial
and retail use classification shall meet the regulations of this district
and the other articles of this chapter, as determined by the Village
Zoning Administrator/Building Inspector and approved by the Site Review
Committee.
(1)
All business, services, and storage (except for motor vehicles
in operable condition) shall be conducted within a completely enclosed
structure.
(2)
The parking or storage of operable motor vehicles, if not within
an enclosed building or structure, shall be effectively screened by
shrubbery, or solid wall or an opaque fence. Walls and fences shall
not exceed eight feet in height.
(3)
Any use found and determined by the Site Review Committee to
be incompatible with the purpose of the large commercial and retail
designation within the District may be prohibited by the Village Board.
(4)
A detailed landscaping plan, showing placement of shrubbery, trees and other vegetative plantings shall be submitted in accordance with § 295-157 to the Site Review Committee for approval prior to the issuance of a building permit, to ensure appropriateness and compatibility with adjoining development.
Limited industrial uses in the district are uses that can create
jobs, diversify the Village's tax base and provide a targeted
area in the Village where limited industrial site proposals may be
considered.
A.
Lot requirements. Lot requirements will vary based on the number
of proposed units to be constructed on the site, green space requirements,
parking and stormwater management requirements. All lots shall meet
the approval of the Site Review Committee. Minimum lot frontage must
be 100 feet.
B.
Height regulations. All structures must be designed so as to ensure adequate air, light, and minimize adverse effects upon surrounding properties. Maximum height restriction of 45 feet maximum except as provided by § 295-13, Height regulations. See § 295-1541 of this article.
C.
Building setbacks.
(1)
All structures must meet the minimum setback requirements of
40 feet for front yards, 25 feet for side yards, 30 feet for rear
yards, driveways six feet off property lines, maximum curb cut of
35 feet at the curbline and 25 feet at the right-of-way. Accessory
buildings will be: completely enclosed; constructed of the same materials
as the primary building; and conform to setback requirements noted
above. Building lot and associated infrastructure layout shall meet
all ingress and egress requirements for fire safety.
(2)
Transitional yards. Where a side or rear lot line in a L-I District
coincides with a side or rear lot line in an adjacent single-family
or multifamily property, a yard shall be provided along such side
or rear lot line not less than 50 feet in depth and shall contain
landscaping and planting suitable to provide an effective screen.
D.
Other requirements.
(1)
Structures and buildings allowed in the LI designation shall
meet the regulations of this district and the other articles of this
chapter, as determined by the Village staff and approved by the Site
Review Committee.
(2)
All business, services, and storage (except for motor vehicles
in operable condition) will be conducted within a completely enclosed
structure.
(3)
The parking or storage of operable motor vehicles, if not within
an enclosed building or structure, shall be effectively screened by
shrubbery, or solid wall or an opaque fence. Walls and fences, if
determined to be appropriate by the Village, shall not exceed eight
feet in height.
(4)
Berming, natural landscaping features, and/or buffers of dense
vegetation shall be utilized to separate light industrial uses from
surrounding and adjacent land uses. The use of fences shall not be
used as an exclusive means of separating uses, but may be used in
addition to natural berms or vegetation buffers.
(5)
Any use found and determined by the Site Review Committee to
be incompatible with the purpose of the limited industrial designation
or not in conformance with stated goals and objectives of this article
will not be allowed. The Village reserves the right to remain flexible
in the type of limited industrial uses it allows in the district.
A.
Introduction. This section is designed to provide for the future growth and development of those residences and commercial businesses that seek an aesthetically attractive working environment. The intent and purpose of this section is to promote and maintain desirable economic development within the district that is practical, feasible, and an asset to owners, neighbors, and the Village of Hobart while maintaining an attractive environment. To maintain flexibility and a timely review procedure, the following site review procedures will be utilized for review of potential developments within the District. All other zoning classifications remain subject to site review procedures as outlined in Article XXXIII of this chapter.
B.
Objectives. The purpose of this section is to establish rules, regulations,
standards, and procedures for approval of all new development proposals
and the expansion of existing businesses and light manufacturing to
comply with the stated goals, objectives and aesthetics outline within
this article.
C.
Standard requirements. The interpretation and application of the
provisions of these standards shall be held as minimum requirements
for the promotion of the public health, safety, and welfare. Projects
that are light industrial, research or institutional in nature shall
provide the Zoning Administrator/Building Inspector with a scoping
description that definitively identifies the intended use and scope
of a proposed facility.
D.
Character and intensity of land use. The uses proposed and their
intensity and arrangement on the site shall be of a visual and operational
character which:
(1)
Are compatible to the physical nature of the site with particular
concern for preservation of natural features, tree growth and open
space.
(2)
That, to the maximum extent practicable, would produce an attractive
environment of sustained aesthetic and ecological desirability, economic
stability and functional practicality compatible with the general
development plans for the area as established by the community.
(3)
Would not adversely affect the anticipated provision for school
or other municipal services.
(4)
Would not create traffic or parking demand incompatible with
the existing or proposed facilities to serve it.
(5)
Would not limit, lessen or not conform to the design guidelines,
themes and principal goals for development and aesthetics as stated
within this article that may be amended from time to time.
E.
Economic feasibility and impact. The proponents of a site plan application
shall provide evidence satisfactory to the Village staff and to the
Site Review Committee of its economic feasibility, of available adequate
financing, and that it would not adversely affect the economic prosperity
of the Village or the values of surrounding properties.
F.
Engineering design standards. The width of street right-of-way, width
of paving, width of location of street or other paving, outdoor lighting,
location of sewer, electrical, gas, cable, telephone, and water lines,
provision for stormwater drainage or other similar environmental engineering
considerations shall be based on standards necessary to implement
the specific function in the specific situation; provided, however,
in no case shall standards be less than those necessary to ensure
the public safety and welfare as determined by the Village-designated
engineer.
G.
Implementation schedule. The proponents of a plan within the district
shall submit a reasonable schedule for the implementation of the development
to the satisfaction of the Village planning staff and Site Review
Committee, including suitable provisions for assurance that each phase
could be brought to completion in a manner which would not result
in an adverse effect upon the community as a result of termination
at that point.
H.
Administration. The administration of this section shall be vested
in the following: Village Administrator, Community Development Director,
the Zoning Administrator/Building Inspector and Site Review Committee.
(1)
It shall be the duty of the Village Administrator and/or Community
Development Director to be in charge of the day-to-day administration
and interpretation of the development and design standards. Enforcement
of this article is charged to the Hobart Zoning Administrator/Building
Inspector in accordance with § 62.23(7), Wis. Stats.
(2)
All proposed site plans shall be forwarded to Village planning
and public safety staff, beginning with the Zoning Administrator/Building
Inspector, for staff review and recommendation.
(3)
After staff review, all proposed plans shall be submitted to
the Site Review Committee which consists of seven members appointed
by the Village President and subject to confirmation by the Village
Board. There shall be no residency requirement. The Committee shall
consist of at least one Village Board member, and the Zoning Administrator/Building
Inspector will serve ex officio.
(4)
From time to time, the design criteria may be amended, changed
or deleted. Such action will require review by the Site Review Committee
and shall follow the procedures of § 62.23(7), Wis. Stats.
(5)
Appeals. Unless otherwise provided herein, appeals to the requirements
contained in these standards shall be heard by the Board of Appeals.
A.
Purpose. The purpose of this section is to establish general development
performance standards, in accordance with this chapter and the Village
Comprehensive (Smart Growth) Plan. These standards are intended and
designed to assure compatibility of uses; to prevent urban blight,
deterioration, and decay; and to enhance the health, safety, and general
welfare of the residents of the community.
B.
Building. The District ordinance encourages a variety of architectural
styles. However, basic harmony is intended to prevail to promote aesthetic
and visual compatibility so that no one structure detracts from the
attractiveness of the overall environment. The Site Review Committee
shall review building design in order to ensure architectural compatibility
and integrity.
C.
Building exterior. Within the district, all colors, materials, finishes, and building form shall be coordinated in a manner consistent with general guidelines of Article XXXIII, Site Review/Development and Design Standards, § 295-357, for each of the front, side, and rear exterior walls. Materials, color and texture may vary so long as the principle of aesthetic and visual compatibility stated herein is upheld. Section 295-357 outlines appropriate materials, colors, texture and proponents that a plan should, to the maximum extent practicable, follow as the guidelines for suggested building exteriors.
D.
Front building wall and building walls facing an adjacent street.
Any exterior building wall (front, side or rear) facing an adjacent
street shall be constructed with materials consistent with the surrounding
and adjacent buildings to uphold the general design theme within the
District.
E.
Mechanical equipment. All mechanical equipment shall be enclosed
or screened. Roof-mounted equipment shall be integrated into the design
of the structure, enclosed or screened to the maximum extent possible.
F.
Construction. Construction shall commence within one year of plan
approval or in accordance with a development agreement with the Village.
No site plan approval by the Site Review Committee shall be valid
for more than 12 months from the date of such approval unless a building
permit is obtained and development in accordance with such site plan
is commenced within such period. The provisions of this section shall
apply unless otherwise agreed to by the Site Review Committee.
G.
Maintenance. The exterior walls and roof of buildings shall be maintained
in a clean, orderly, and attractive condition; free of cracks, dents,
punctures, breakage, and other forms of visible marring. Materials
that become excessively faded, chalked, cracked, chipped, damaged
or otherwise deteriorated shall be replaced, refinished, repaired
or repainted in accordance with the reasonable determination and order
of the Zoning Administrator/Building Inspector within 60 days notice
of such defect.
H.
Fences. All fencing within this district shall meet the requirements
of this chapter.
I.
Brown County Airport Zoning District. Applicable permits and approvals
specific to Brown County Chapter 24, Airport Zoning Districts, must
be provided prior to any Village permit issuance.
To provide for the basic needs of safety and security, appropriate
lighting shall be provided in order to delineate roads, drives, parking
areas, pedestrian ways, buildings, and other organizational points.
Lighting shall be an integral part of the overall architectural design;
therefore, proposed lighting, whether freestanding or building-mounted,
shall complement the architectural character of the principal use.
Lighting design shall correlate energy conservation with aesthetic,
architectural, and safety factors.
A.
Any lighting used to illuminate off-street parking, loading and service
areas shall be shaded, diffused, or arranged to reflect light away
from adjacent parcels and directed toward public streets. Glare, whether
direct or reflected, as differentiated from general illumination,
shall not be visible beyond the limits of the site from which it originates.
Parking lot lights may be used in either a single or multi-format.
Characteristics include 27,000 metal halide, spaced approximately
100 feet to 120 feet off center, consisting of sharp, cutoff-type
luminaries, maximum height for pole not to exceed 30 feet, to be an
approved pole. Poles must be uniform in style and height. The use
of wooden poles is prohibited.
B.
Walkway lighting should be of the same family as mentioned above,
height to be 10 feet to 14 feet above grade. Bollard lighting can
be used as low-level walkway illumination on private property.
C.
Building lighting should occur as part of the overall design concept
using recessed lighting in overhangs and at the entrance. Well designed
soft lighting of the building exterior is allowed, provided it does
not impact on the surrounding properties, complements the architecture,
and the light source is concealed.
D.
The use of building-mounted floodlights and tall "freeway-type" fixtures
is prohibited. Ground-mounted floodlights used to accent principal
buildings are permitted.
E.
Flag directional lighting is permitted with approval of terms and
conditions of use of such lighting by the Site Review Committee.
A.
Site plan approval required.
B.
Design objectives. The following objectives will be considered in
reviewing any application for a site plan approval:
(1)
To encourage harmonious development;
(2)
To encourage the provision of open space;
(3)
To encourage owners to use creative and imaginative approaches
in their projects;
(4)
To provide an enjoyable living environment by preserving existing
topography, stands of trees, ponds, floodplains, and similar natural
assets;
(5)
To encourage a variety of living environments and an agreeable
mixture of housing types;
(6)
To require architectural plans that are consistent with design
guidelines and principal aesthetic goals for development as set forth
herein.
C.
Site plan approval. The following procedure shall be followed for
the submittal of site plans. Where procedures and requirements imposed
by this section of the ordinance are either more restrictive or less
restrictive than comparable procedures and requirements imposed by
any other provision of this chapter or any other law, ordinance, resolution
rule or regulation of any kind, the regulations which are more restrictive
or impose higher standards or requirements shall govern. For purposes
of this section, all applications must be executed by all owners and
the party or parties that will be responsible for the development
of the site, all of whom shall be collectively referred to in this
section as the "applicant."
(1)
Preliminary consultation. Prior to the submittal of a site plan,
it is recommended that the developer meet with the Zoning Administrator/Building
Inspector and other appropriate Village planning staff to discuss
the district zoning, site plan and landscaping plan requirements.
Such meeting should occur prior to any extensive outlay of funds on
the part of the developer since it is intended to identify potential
problems and methods to alleviate them and to encourage a cooperative
effort between the developer/owner and the Village.
(a)
Statements or recommendations made at the consultation are not
legally binding. The meeting is intended to ensure that the owner
is aware of the intent and purpose of this article.
(b)
In order to obtain information, each owner shall confer with
the Village staff and appropriate consultants at the call of the Village
in connection with the preparation of the district site plan application.
Of primary importance are policy issues such as density, external
and internal land uses, traffic circulation, parking requirements,
signage, lighting consistency with standards set forth in this chapter,
open space quantity and maintenance, general spatial characteristics
such as setbacks and architectural renderings of buildings. The owner
or interested party shall also provide a conceptual sketch or site
rendering at the time of the preapplication consultation. Village
staff will offer advice to the applicant regarding his proposal and
aid in understanding this article.
(2)
Filing prerequisite. Prior to the submittal of a site plan within
the district, the owner must be current on all real estate taxes,
assessments or other municipal charges, whether relating to the real
estate subject to the site plan application or otherwise located within
the Village.
(3)
Plan submittal. Ten copies of all site plans requiring approval
of the Site Review Committee shall be submitted to the Village Clerk-Treasurer.
(4)
Staff review. Upon receipt, the Clerk-Treasurer shall forward
the plans to the Zoning Administrator/Building Inspector for staff
review. The Village planning and public safety staff, and any appropriate
consultants, shall all review the plans and make recommendations regarding
their particular expertise to the Site Review Committee.
(5)
Time of Site Plan Committee review. If the site plan is filed
less than 10 days before the next regularly scheduled meeting of the
Site Review Committee, Village staff will attempt to review the site
plan and forward it to the Site Review Committee for consideration
at the next regularly scheduled meeting. If the site plan is not timely
filed, or if staff cannot make timely review, the site plan shall
be placed on the next subsequent regular meeting of the Site Review
Committee. Nothing in this provision shall limit the Site Plan Review
Committee's ability to schedule special meetings to consider
site plans, upon proper notice to the owner/developer, at the sole
discretion of the Site Review Committee.
(6)
Site Review Committee decision. The Site Review Committee shall
review and either approve, conditionally approve, or deny approval
of the site plan. Site plan approval and continuance of project planning
and construction shall be granted by the Site Review Committee upon
a determination that all phases, details, materials, aesthetics, land
uses, etc., are consistent with standards and guidelines herein, as
may be amended from time to time, and confirmation that the owner
is current on all taxes, assessments and other municipal charges.
(7)
Site Review Committee special exceptions. The Site Review Committee
may grant special exception to the dimensional standards applicable
in the District upon a finding that such exception is consistent with
the intent and purpose of this article and contemplated or existing
development in the area of the exception. A special exception shall
not be valid until reviewed and accepted by the Village Board under
the same standard.
(8)
Site plan contents and specifications. All plans shall be drawn
to an engineering scale no greater than one inch equals 100 feet plus
one complete set of such plans reduced in size to 11 inches by 17
inches and include the following information:
(a)
Name of project/development;
(b)
Location of project/development by street address or CSM;
(c)
Name and mailing address of developer/owner;
(d)
Name and mailing address of engineer/architect;
(e)
A written statement describing how the development will be consistent
with the land use and design guidelines as identified in the PDD zoning
ordinance;
(f)
North point indicator;
(g)
Scale;
(h)
Boundary lines of property, with dimensions;
(i)
Location identification, and dimensions of existing and proposed:
[1]
Topographic contours at a minimum interval of two feet, and
key spot elevations;
[2]
Adjacent streets and street rights-of-way, respective to the
elevation of building first floor;
[3]
On-site streets and street rights-of-way, and fire lanes;
[5]
All buildings and structures, existing and proposed, to consider
maximum development of the parcel if more than one structure could
be located on the parcel;
(j)
A statement of the total acreage of the property to be developed;
(k)
Significant physical features within the tract, watercourses,
ponds, lakes, rain gardens, and wetlands; and proposed major changes
in those features;
(l)
All contemplated land uses;
(m)
An indicator of the contemplated intensity of use: i.e., gross
density in residential development; number of prospective tenants
in office, commercial, and industrial development or recreational
development;
(n)
Existing buildings that will be removed and the proposed location
of all principal structures and associated parking areas;
(o)
Proposed circulation systems (pedestrian, bicycle, auto) by
type, their connection to the existing network outside the site;
(p)
Existing rights-of-way and easements that may affect the project;
(q)
The location of sanitary and storm sewer lines and water mains;
(r)
The location of recreational and open space areas;
(s)
Description of proposed system for drainage and a stormwater
plan showing existing and final grades:
(t)
Sidewalks, walkways, and driveways;
(u)
Off-street loading areas and docks;
(v)
Fences and retaining walls;
(w)
All signs;
(x)
Exterior refuse collection areas and the required enclosure(s);
(y)
Exterior lighting;
(z)
Traffic flow on- and off-site;
(aa)
Location of open space/green space;
(cc)
Location and dimensions of proposed outdoor display areas;
(ee)
Erosion control plans;
(ff)
Landscaping plan as provided herein.
(9)
Staged development. In the case of plans which call for development
in stages:
(a)
A general development plan shall be submitted that will include:
[1]
A map at an appropriate scale, showing the successive stages
and a development schedule indicating:
[a]
The approximate date when construction of the project
can be expected to begin;
[b]
The stages in which the project will be built and
the approximate date when construction of each stage can be expected
to begin;
[c]
The anticipated rate of development;
[d]
The approximate date when the development of each
of the stages will be completed; and
[e]
Other information considered pertinent by Site
Review Committee and/or the developers/owners.
[2]
The general development plan must be approved by the Site Plan
Review Committee in the same manner as a site plan.
(b)
Prior to any construction in a staged development, the developer/owner
shall submit a site plan for each stage of development to be subject
to review and approval as provided in this article.
(10)
Records and amendments.
(a)
Site Plan Committee records. The Site Review Committee shall
retain and file all application forms and exhibits related to the
application and shall indicate on such forms its approval, approval
with modification or denial. Modifications to the site plan as prescribed
by the Site Review Committee shall be thoroughly described and documented
as to the purpose of modification.
(b)
Site plan amendments. Any material change in the approved site
plan shall be submitted to the Village staff for referral to and prior
approval by the Site Review Committee. All site plan amendments require
approval in the same manner as final approval.
(11)
Development contract. Before any building permit shall be issued,
the applicant and the owner shall enter into an appropriate contract
with the Village to guarantee the implementation of the development
according to the terms and conditions established as a part of the
site plan. The Village shall have the right, if deemed appropriate,
to require the inclusion of a performance bond or other security satisfactory
to the Village's attorney. Such contract or a memorandum thereof
shall be recorded by the owner in the County Register of Deed's
office within 10 days after its execution.
(12)
Change of plan. Any subsequent change of use of any lot or parcel
of land or addition or modification of the site plan shall first be
submitted for approval to the Site Review Committee and if, in the
opinion of the Site Review Committee, such change or modification
constitutes a substantial alteration of the original plans, a new
site plan approval shall be required before the use is changed or
the plans modified. If, in the opinion of the Site Review Committee,
such change or modification does not constitute a substantial alteration
of the original plans, such change or modification can be granted
by the Site Review Committee.
(13)
Appeals. Appeals of a Site Review Committee decision may be
made to the Appeals Board.
A.
General statement. The Village finds that it is in the public interest
for all developments within the district to provide landscape improvements
for the purposes of complementing the natural environment; improving
the general appearance of the district and enhancing its aesthetic
appeal; preserving the economic base; improving quality of life; delineating
and separating use areas; increasing the safety, efficiency, and aesthetics
of use areas and open space; screening and enhancing privacy; mitigating
the diverse impact of climate; conserving energy; abating erosion
and stabilizing slopes; deadening sound; and preserving the quality
of our air and water.
B.
Landscape plan. All applicants for building permits within the district shall submit a landscape plan, prepared pursuant to Subsection C, below, for review and approval as required herein prior to the request for a building permit.
C.
Procedure. The following procedure shall be followed for the submittal
of landscape plans:
(1)
Preliminary consultation. Prior to the submittal of a landscape
plan, it is recommended that the developer/owner meet with the Zoning
Administrator/Building Inspector and/or other appropriate Village
planning staff to discuss the design standards, the applicant site
plan, and landscaping plan requirements. Such meeting should occur
prior to any extensive outlay of funds on the part of the developer
since it is intended to identify potential problems and methods to
alleviate them and to encourage a cooperative effort between the developer/owner
and the Village.
(2)
Plan submittal. Ten copies of all landscape plans requiring
approval by the Site Review Committee must be submitted to the Village
Clerk-Treasurer 10 days prior to the third Tuesday of the month. Landscaping
plans may be submitted separately, but it is strongly encouraged that
they are included in the site plan. All plans shall be drawn to an
engineering scale no greater than one inch equals 100 feet plus one
complete set of such plans reduced in size to 11 inches by 17 inches
and contain the following information:
(3)
Reviews. Review of landscape plans should be conducted concurrently
with and follow the same procedure as site plan review.
D.
Specific requirements.
(1)
Ground cover. Open space areas shall, at a minimum, be seeded
six months after completion of building. The following exceptions
may be granted by Village staff during the review process:
(a)
The use of mulch material for shrubs and foundation plantings;
(b)
The seeding of future expansion areas delineated on the site
plan;
(c)
Areas maintained in a natural state that are undisturbed during
construction; or
(d)
Other landscape elements such as decks, patios, stepping stones
or landscape stones may be incorporated therein.
(2)
Minimum size of plantings. Required vegetation shall be of the
following minimum planting size. Plantings must be 17 feet from the
property line equally spaced, one tree every 30 feet of road frontage.
(3)
Species.
(a)
All trees used in site development should be indigenous to the
appropriate hardiness zone and physical characteristics of the site.
(b)
All plant material should conform to "American Standards for
Nursery Stock," latest edition; sponsored by the American Association
of Nurserymen, Inc. All vegetation shall be planted in accordance
with accepted planting procedures.
(c)
All proposed vegetation included in the landscape plan shall
be reviewed by the Site Review Committee to assure compliance with
the requirements contained herein.
(4)
Implementation/replacement.
(a)
All approved landscaping is to be installed in accordance with
compliance timetable.
(b)
Any vegetation included on an approved landscape plan that dies
must be replaced by the owner/developer within one planting season.
Vegetation replaced shall conform to the approved landscape plan and
the requirements contained herein.
(5)
Maintenance. It shall be the joint responsibility of the owner
and/or lessee of the principal use, uses, or building to maintain
in a neat and adequate manner all landscaping materials, vegetation,
screening, and fences contained in the approved landscape and site
plans.
(6)
Compliance timetable. All landscape plans shall include a timetable
for construction, installation or planting within a period not to
exceed one year from the date of commencement of construction. Any
person who is, or has been, required to landscape any part of a zoning
lot and who has not complied with that requirement shall, within 60
days of receipt of written notice from the Zoning Administrator/Building
Inspector that a violation of this chapter exists, comply with all
requirements.
E.
District requirements.
(1)
Future development within the district shall meet the following
minimum requirements:
(2)
Buffers. That portion of any land use allowable within the district
that is abutting property designated for single-family or multifamily
residential shall have a landscaped area at least six feet wide extending
the full length of the land use designation and meet the following
minimum requirements:
(a)
One tree per 30 lineal feet, or fraction thereof, of lot line
bordering single-family and multifamily districts.
(b)
A shrub, border, hedge, wall, earthen berm, or other durable
landscape barrier, or combination thereof, at least four feet high,
but not exceeding eight feet high, which is 90% impervious to sight
placed along the perimeter of such landscaped strip, except in the
front yard setback.
A.
Intent. It is the intent of the Hobart Village Board that the procedures
set forth in this article shall enable a prompt but thorough review
of development proposals in the district. However, given the importance
of the district to the orderly growth and development of the Village,
derivations or failures to follow approved site plans, proceeding
with unapproved plans, implementing uses not permitted or approved
or other violations of this article will be promptly and thoroughly
addressed.
B.
Forfeitures. Any violation of this article or a site plan approved
hereunder shall be subject to a forfeiture to the maximum penalty
allowable per Village Code and state statute, as may be amended, with
each twenty-four-hour period constituting a separate violation.
C.
Nonexclusive remedy. Nothing in this article shall be construed to
limit the Village's ability to pursue all remedies available
to it to enforce this article, or to enforce a development agreement
required hereby contemporaneously with forfeiture or other legal action.
D.
Appeals. Appeals of Site Review Committee decisions may be made to
the Village Board. Such appeal shall be filed with the Village Clerk
withing 30 days following final Site Review Committee action.
