This article of the chapter shall set forth the requirements
to adequately provide and develop the proper administration and enforcement
of this chapter.
A.
This chapter shall provide for the position of Zoning Administrator/Building
Inspector, Board of Appeals and Village Planning and Zoning Commission.
B.
This article shall provide the authority and necessary requirements
for the issuance of building permits and occupation permits, variances,
appeals, amendments, conditional uses, fees, and penalties.
The Village of Hobart Zoning Administrator/Building Inspector
shall have the following duties:
A.
Issue all building permits and make and maintain records thereof.
B.
Issue all certificates of occupancy and make and maintain records
thereof.
C.
Issue all rezoning certificates and make and maintain records thereof.
D.
Conduct inspection of buildings, structures, and use of land to determine
compliance with the terms of this chapter.
E.
Provide and maintain a public information bureau relative to all
matters arising out of this chapter.
F.
Forward to the Village of Hobart Planning and Zoning Commission all
applications for conditional uses and for amendments to this chapter
that are initially filed with the office of the Zoning Administrator/Building
Inspector.
G.
Forward to the Board of Appeals applications for appeals, variances,
or other matters on which the Board of Appeals is required to pass
under this chapter.
H.
Maintain permanent and current records of this chapter, including,
but not limited to, all maps, amendments, conditional uses, variances,
appeals, and applications thereof.
I.
Initiate, direct, and review from time to time a study of the provisions
of this chapter and to make reports of its recommendations to the
Village Planning and Zoning Commission.
The Board of Appeals is hereby established as authorized under
the provisions of the Wisconsin State Statutes, § 62.23.
A.
Jurisdiction. The Board of Appeals is hereby entrusted with the jurisdiction
and authority to:
(1)
Hear and decide appeals from any order, requirement, decision, or determination made under the provisions of this chapter and Chapter 121, Building Construction, of this Code.
(2)
Hear and pass upon the application for variances from the terms
provided in this chapter in the manner prescribed by and subject to
the standards established herein.
(3)
Hear and decide all matters referred to it or upon which it
is required to pass under this chapter, as prescribed by § 62.23
of the Wisconsin State Statutes.
(4)
May, in appropriate cases, and subject to appropriate conditions
and safeguards, make special exceptions to the terms of this chapter
in harmony with its general purpose and intent, and in accordance
with general or specific rules therein contained.
B.
Meetings and rules.
(1)
All meetings of the Board of Appeals shall be held at the call
of the Chairperson of the Board and at such times as the Board of
Appeals may determine.
(2)
All hearings conducted shall be open to the public. Any person
may appear and testify at a hearing either in person or by a duly
authorized agent or attorney.
(3)
Notice of the time and place of such public hearing shall be
published as provided by the state law on planning and zoning and
applicable to the Village of Hobart.
(4)
The Chairperson, or in his/her absence the Acting Chairperson,
may administer oaths and compel the attendance of witnesses.
(5)
The Board shall keep minutes of its proceedings, showing the
vote of each member upon each question or, if absent or failing to
vote, indicating such fact, and shall also keep records of its hearings
and other official actions.
(6)
All official proceedings regarding the action of the Board of
Appeals shall be a matter of public record and placed on file with
the Board of Appeals.
(7)
The Board shall adopt its own rules and procedures, not in conflict
with this chapter or with the applicable Wisconsin State Statutes,
and select or appoint such officers as it deems necessary.
C.
Decisions. All decisions and findings of the Board of Appeals on
appeals or upon application for a variance shall be by the concurring
vote of four members of the Board and after said hearing shall in
all instances be final administrative decisions and shall be subject
to judicial review as by law may be provided.
D.
Board membership.
(1)
The Board of Appeals shall consist of five members appointed
by the Village President and subject to confirmation by the Hobart
Village Board.
(2)
The terms shall be for three years, except that of those first
appointed; one shall serve for one year, and two for two years; and
two for three years, the members of the Board shall serve at such
compensation, if any, to be fixed by ordinance or resolution. The
Village President shall designate one of the members as chairperson.
The Board may employ a secretary and other employees. The Village
President may appoint, for staggered terms of three years, two alternate
members of such Board, in addition to the five members provided for.
Annually, the Village President shall designate one of the alternate
members as first alternate and the other as second alternate. The
first alternate shall act, with full power, only when a 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.
(3)
The members of the Board of Appeals shall be removable by the
Village President for cause upon written charges and after public
hearing. This provision also applies to removal of alternates.
(4)
Vacancies, including vacancies of alternates, shall be filled
for the unexpired terms of members whose terms become vacant. The
Village President shall appoint members to fill the vacancies, subject
to approval by the Village Board of Hobart.
The Village Planning and Zoning Commission shall be the authorizing
planning agency and shall perform the duties of the Village Planning
and Zoning Commission as set forth in § 62.23 of the Wisconsin
State Statutes.
A.
Jurisdiction. The Hobart Village Planning and Zoning Commission shall
carry out the following duties under this chapter.
(1)
Review all applications for conditional uses and amendments
to this chapter and report said findings and recommendations to the
Village Board in the manner designated by this chapter for amendments
and conditional uses.
(2)
Receive from the Zoning Administrator/Building Inspector his/her
recommendations as related to the effectiveness of this chapter and
report his/her conclusions and recommendations to the Hobart Village
Board.
(3)
Hear and decide matters upon which it is required to pass under
this chapter.
B.
Meetings.
(1)
All meetings of the Village Planning and Zoning Commission shall
be held at the call of the Chairperson of the Commission at such times
as the Commission may determine.
(2)
The Commission shall keep minutes of its proceedings showing
the vote of each member upon each question or, if absent or failing
to vote, indicating such fact, and shall also keep records of its
hearings and other official actions.
C.
Decisions. All actions of the Village Planning and Zoning Commission
shall require the vote of the majority of the members of the Commission.
D.
Membership.
(1)
The Village Planning and Zoning Commission shall consist of
seven members, as provided by § 62.23 of the Wisconsin State
Statutes.
(2)
Commission members shall consist of the Village President, who
shall be its presiding officer, one Village Board member, and five
citizens.
(3)
The Village Planning and Zoning Commission members shall be
removable by the Village Board of Hobart for cause upon written charges.
(4)
Vacancies shall be filled for the unexpired terms of members.
The Village President shall appoint personnel to fill the vacancies,
subject to approval by the Village Board of Hobart.
A.
No building or addition thereto 50 square feet or more in size, constructed
after the effective date of this chapter, and no addition 50 square
feet or more in size to a previously existing building shall be occupied,
and no land, vacant on the effective date of this chapter, shall be
used for any purpose until a building permit has been issued by the
Village Zoning Administrator/Building Inspector. No change in a use
shall be made until a building permit has been issued by the Village
Zoning Administrator/Building Inspector. Every building permit shall
state that the use complies with the provisions of this chapter.
B.
Application for said building permit shall be made, in writing, to
the Hobart Village Zoning Administrator/Building Inspector by the
landowner or his/her authorized agent.
C.
Application for a building permit shall be deemed to be an application
for an occupancy certificate as well.
D.
Each building permit shall be accompanied by a plat or certified survey map in accordance with requirements as specified in § 295-337, Plats.
E.
Each building permit applied for shall be granted or denied within
a ten-day period from the date of application. Reason for denial of
a building permit will be forwarded, in writing, by the Village Zoning
Administrator/Building Inspector to the applicant.
All applications for building permits for residential, industrial,
and business uses shall be accompanied by the following:
A.
A copy of the plat or certified survey map of the proposed building
site.
B.
A sketch plan, drawn at a minimum scale of one inch to 100 feet showing
the ground area, height and bulk of building or structure, the building
lines in relation to lot lines, the location of sanitary absorption
systems, the use to be made of the building, structure, or land; and
such other information as may be required by the Village Planning
and Zoning Commission and Zoning Administrator/Building Inspector
for the proper enforcement of this chapter.
A.
No occupancy certificate for a building, or a portion thereof, constructed
after the effective date of this chapter, shall be issued until construction
has been completed and the premises inspected and certified by the
Zoning Administrator/Building Inspector to be in conformity with the
plans and specifications upon which the building permit was based.
B.
The occupancy certificate shall be issued, or written notice shall
be given to the applicant stating the reason why a certificate cannot
be issued, not later than seven days after the Zoning Administrator/Building
Inspector is notified, in writing, that the premises or building are
ready for occupancy.
C.
All occupancy permits shall be issued by the Village of Hobart Zoning
Administrator/Building Inspector.
A.
Application.
(1)
An application for a variance shall be filed with the Village
Clerk-Treasurer. The application shall contain such information as
the Board of Appeals by rule may require. Due notice of the hearing
shall be given to parties of interest, as well as owners of property
located within 100 feet of the property in appeal. The Board shall
reach a decision within 60 days from the filing of the request for
variance.
(2)
Notice of the time and place of such public hearing shall be
published as provided in the state law on planning and zoning and
applicable to the Village of Hobart.
B.
Standards for variances. Variances may be granted by the Board of
Appeals only when:
(1)
Because of the particular physical surroundings, shape or topographical
condition of the specific property involved a particular hardship
to the owner would result, as distinguished from a mere inconvenience,
if the strict letter of the regulations were to be carried out.
(2)
Conditions upon which a petition for a variance is based are
unique to the property for which the variance is sought, and are not
applicable, generally, to other property within the same zoning classification.
(3)
Alleged difficulty or hardship is caused by this chapter and
has not been created by any person presently having an interest in
the property.
(4)
Granting of the variance shall not be detrimental to the public
welfare or injurious to other property or improvements in the neighborhood
in which the property is located.
(5)
Proposed variance shall not impair an adequate supply of light
and air to adjacent property, or substantially increase the congestion
of the public streets, or increase the danger of fire, or endanger
public health and safety, or substantially diminish or impair property
values within the neighborhood.
A.
Scope of appeals.
(1)
An appeal may be taken to the Board of Appeals by any person,
firm, or corporation, or by any office, department, board, or bureau
aggrieved by a decision of the Village Planning and Zoning Commission
or Zoning Administrator/Building Inspector.
(2)
Such an appeal shall be made within 30 days after the decision
or the action complained of, by filing with the Village Clerk-Treasurer
or Zoning Administrator/Building Inspector a notice of appeal specifying
the grounds thereof.
(3)
The Village Planning and Zoning Commission shall forthwith transmit
to the Board of Appeals all of the papers constituting a record upon
which the action appealed from was taken.
B.
Findings on appeals.
(1)
An appeal shall terminate all further proceedings on action,
unless the Village Planning and Zoning Commission certifies to the
Board of Appeals that by reason of facts stated in the certificate
a stay would, in its opinion, cause imminent peril to life and property,
in which case proceedings shall not be stayed, otherwise than by a
restraining order, which may be granted by the Board of Appeals or
by a court of record on notice to the Village Planning and Zoning
Commission and on due cause shown.[1]
(2)
The Board of Appeals shall select a reasonable time and place
for the hearing of the appeal and give due notice thereof to the parties
of interest, as well as owners of property located within 100 feet
of the property in appeal.
(3)
The Board of Appeals shall thereafter reach its decision within
60 days from the filing of the appeal.
(4)
The Board of Appeals may affirm or may reverse, wholly or in
part, or modify the order, requirement, decision, or determination
appealed from, and may make such order, requirement, decision or determination,
that in its opinion ought to be made and to that end, shall have all
the powers of the officer from whom the appeal is taken. The Village
Planning and Zoning Commission shall maintain records of all action
of the Board of Appeals relative to appeals.[2]
A.
Authority. The Hobart Village Board may, from time to time, in the manner hereafter set forth, amend the regulations imposed in the districts or amend district boundary lines, provided that in all amendatory ordinances adopted under the authority of this section due allowance shall be made for the intent purpose of said changes as per Article II of this chapter.
B.
Initiation. Amendments may be proposed by any governmental body,
interested person, or organization.
C.
Application. An application for an amendment shall be filed with
the Village Clerk-Treasurer in such form and accompanied by such information
as required by the Village Planning and Zoning Commission. Said application
shall be reviewed by the Planning and Zoning Commission and a written
recommendation submitted thereon to the Village Board.
D.
Hearing notice. The Village Board shall hold a public hearing on
each application for an amendment. Time, place and purpose of the
hearing shall be published as provided in the state law on planning
and zoning and applicable to the Village of Hobart. Due notice of
the hearing shall be given to parties of interest, as well as owners
of property located within 100 feet of any property proposed to be
rezoned.
E.
Findings and recommendations.
(1)
The Village Planning and Zoning Commission shall make written
findings of fact and shall submit the same together with its recommendations
to the Village Board prior to the public hearing.
(2)
Where the purpose and effect of the proposed amendment is to
change the zoning classification of particular property, the Village
Planning and Zoning Commission shall make findings based upon the
evidence presented to it in each specific case with respect to the
following matters:
(a)
Existing uses or property within the general area of the property
in question.
(b)
Zoning classification of property within the general area of
the property in question.
(c)
Suitability of the property in question to the uses permitted
under the existing zoning classification.
(d)
Trend of development, if any, in the general area of the property
in question, including changes, if any, which have taken place in
its present zoning classification.
(e)
The Planning and Zoning Commission may recommend the adoption
of an amendment changing the zoning classification of the property
in question to any higher classification than that requested by the
applicant.
(f)
The Planning and Zoning Commission shall not recommend the adoption
of a proposed amendment unless it finds that the adoption of such
amendment is in the public interest and is not solely for the interest
of the applicant.
F.
Village Board action.
(1)
The Village Board shall not act upon a proposed amendment to
this chapter until it shall have received a written report and recommendation
from the Village Planning and Zoning Commission on the proposed amendment.
(2)
The Village Board may grant or deny any application for an amendment;
provided, however, that in the event of a written protest against
any proposed amendment to this chapter, duly signed and acknowledged
by the owners of 20% or more either of the areas of the 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 the favorable
vote of 3/4 of the full Village Board membership.
[Amended 1-6-2015 by Ord.
No. 01-2015]
(3)
If an application for a proposed amendment is not acted upon
finally by the Village Board within 60 days of the date upon which
such application is received by the Village Board, it shall be deemed
to have been denied.
[Amended 1-2-2019 by Ord.
No. 2018-17; 5-7-2024 by Ord. No. 2024-05]
A.
Purpose of conditional uses. The purpose of a conditional use is
to provide a reasonable degree of discretion in determining the suitability
of certain uses of a special nature, so as to make impractical their
predetermination as a principal use in a district. The development
and execution of this article is based upon the division of the Village
of Hobart into zoning districts, within which districts the use of
land and buildings, and bulk and location of buildings and structures
in relation to the land, are mutually compatible and substantially
uniform. However, there are certain uses which, because of their unique
characteristics, cannot be properly classified as unrestricted permitted
uses in any particular district or districts without consideration,
in each case, of the impact of those uses upon neighboring land or
public facilities and of the public need for the particular use at
a specific location. Such uses, nevertheless, may be necessary or
desirable to be allowed in a particular district, provided that due
consideration is given to location, development and operation of such
uses. Such uses are classified as conditional uses and are those uses
specifically designated as conditional uses by the zoning district
or which are classified as a conditional use under the review procedures
in this article. The listing of a use as a conditional use is not
a legislative determination that the use is inherently in the public
interest in that district. [See All Energy Corp. v. Trempealeau County,
2017 WI 52 (2017)]
B.
Authority of Planning and Zoning Commission and Village Board; requirements.
(1)
Authority; intent. The Village Board may authorize the Zoning
Administrator to issue a conditional use permit after review, public
hearing, advisory recommendation from the Planning and Zoning Commission
and approval from the Village Board, provided that such conditional
use and involved structure(s) are found to be in accordance with the
purpose and intent of this chapter and are further found to be not
hazardous, harmful, offensive or otherwise adverse to the environment
or the value of the neighborhood or the community. Such Village Board
action, and the resulting conditional use permit, shall specify the
period of time for which effective, if specified; the name of the
permittee; the location and legal description of the affected premises.
Prior to the granting of a conditional use, the Village Board shall
make findings based upon the evidence presented that the standards
herein prescribed are being complied with.
(2)
General authority to require conditions. Per § 295-342I, conditions such as landscaping, architectural design, type of construction, construction commencement and completion dates, sureties, lighting, fencing, planting screens, operation control, hours of operation, improved traffic circulation, deed restrictions, highway access restrictions, increased yards or parking requirements may be recommended by the Planning and Zoning Commission and required by the Village Board upon their finding that these are necessary to fulfill the purpose and intent of this chapter.
(3)
Compliance with other zoning conditions. Compliance with all
other provisions of this chapter, such as lot width and area, yards,
height, parking, loading, traffic, highway access and performance
standards, shall be required of all conditional uses.
C.
Initiation of conditional use request. Any person, firm, corporation
or organization having a freehold interest or a possessory interest
entitled to exclusive possession, or a contractual interest which
may become a freehold interest or an exclusive possessory interest,
and which is specifically enforceable in the land for which a conditional
use permit is sought, may file an application to use such land for
one or more of the conditional uses provided for in this article in
the zoning district in which such land is located, or for a conditional
use substantially similar to a listed conditional use.
D.
Application for conditional use.
(1)
Application filing requirements. An application for a conditional
use permit, accompanied by the application fee prescribed by the Village
Board, shall be filed on a form prescribed by the Village. Such applications
shall be forwarded to the Planning and Zoning Commission upon receipt
by the Zoning Administrator or Village Clerk.
(2)
Required plans/information. The plans/information required for
review of all conditional use permit applications shall generally
consist of any or all of the following, as required by the Zoning
Administrator:
(3)
Additional information. In order to secure information upon
which to base its determination, the Zoning Administrator may require
the applicant to furnish, in addition to the information required
above and for a building permit, the following information:
(a)
Contours; soil types. A plan of the area showing contours, soil
types, high-water mark, groundwater conditions, bedrock, slope and
vegetation cover.
(b)
Location of buildings; parking areas. Location of buildings,
parking areas, traffic access, driveways, walkways, open spaces, landscaping
and lighting.
(c)
Building and utilities plans. Plans for buildings, sewage disposal
facilities, water supply systems and arrangements of operations.
(d)
Filling/grading plan. Specifications for areas of proposed filling,
grading, or dredging.
(e)
Other information. Other pertinent information necessary to
determine if the proposed use meets the requirements of this chapter.
E.
Planning and Zoning Commission review. Upon receipt of the application and the information required by § 295-342D above, the request for a conditional use permit shall be placed on the agenda of the first Planning and Zoning Commission meeting occurring after 10 days from the date of submission. The request shall be considered as being officially submitted when all the information requirements, including the payment of all applicable fees, are complied with. At such meeting, the Planning and Zoning Commission shall make an advisory recommendation regarding the application, and a record of the proceedings shall be kept in such a manner and according to such procedures as the Planning and Zoning Commission shall prescribe from time to time. The Village Board and/or Planning and Zoning Commission can, on its own motion, apply conditional uses when applications for rezonings come before their bodies.
F.
Public hearing on application; notice.
(1)
Hearing requirements. A public hearing shall be held on all
conditional use permit applications. The public hearing shall be held
by the Village Board. Due notice of the hearing shall be given to
parties interested, as well as owners of property located within 100
feet of the property requesting the conditional use.
(2)
Incomplete notice. Failure to fully comply with the notice to
adjacent property owners shall not, however, invalidate any previous
or subsequent action on the application.
G.
Standards and considerations for conditional uses.
(1)
Standards. No application for a conditional use shall be recommended
for approval by the Planning and Zoning Commission, or approved by
the Village Board, unless the following conditions are present:
(a)
That the applicant has demonstrated that the application and
all requirements and conditions established by the Village relating
to the conditional use are or shall be satisfied, both of which must
be supported by substantial evidence. Per § 62.23(7)(de)b,
Wis. Stats., "substantial evidence" means facts and information, other
than merely personal preferences or speculation, directly pertaining
to the requirements and conditions an applicant must meet to obtain
a conditional use permit and that reasonable persons would accept
in support of a conclusion.
(b)
That the establishment, maintenance, or operation of the conditional
use will not be detrimental to or endanger the public health, safety,
morals, comfort or general welfare.
(c)
That the uses, values, and enjoyment of other property in the
neighborhood for purposes already permitted shall be in no foreseeable
manner substantially impaired or diminished by the establishment,
maintenance or operation of the conditional use.
(d)
That the establishment of the conditional use will not impede
the normal and orderly use, development and improvement of the surrounding
property for uses permitted in the district.
(e)
That adequate utilities, access roads, drainage and other necessary
site improvements have been or are being provided.
(f)
That adequate measures have been or will be taken to provide
ingress and egress so designed as to minimize traffic congestion in
the public streets.
(g)
That the conditional use shall conform to all applicable regulations
of the district in which it is located.
(h)
That the proposed use does not violate floodplain regulations
governing the site.
(i)
That adequate measures have been or will be taken to prevent
and control water pollution, including sedimentation, erosion and
runoff.
(2)
Application of standards. When applying the above standards
to any new construction of a building or an addition to an existing
building, the Village Board and Planning and Zoning Commission shall
bear in mind the statement of purpose for the zoning district such
that the proposed building or addition at its location does not defeat
the purposes and objective of the zoning district and the Village
Comprehensive Plan.
(3)
Additional considerations. In addition, in passing upon a conditional
use permit application, the Planning and Zoning Commission and Village
Board shall also evaluate the effect of the proposed use upon:
(a)
The maintenance of safe and healthy conditions.
(b)
The prevention and control of water pollution, including sedimentation.
(c)
Existing topographic and drainage features and vegetative cover
on the site.
(d)
The location of the site with respect to floodplains and floodways
of rivers and streams.
(e)
The erosion potential of the site based upon degree and direction
of slope, soil type and vegetative cover.
(f)
The location of the site with respect to existing or future
access roads.
(g)
The need of the proposed use for a shoreland location.
(h)
Its compatibility with uses on adjacent land.
(i)
The amount of liquid waste to be generated and the adequacy
of the proposed disposal systems.
H.
Denial of application for conditional use permit. When an advisory
recommendation of denial of a conditional use application is made
by the Planning and Zoning Commission or an actual denial by the Village
Board, the Planning and Zoning Commission and/or Village Board shall
furnish the applicant, in writing, those standards that are not met
and enumerate reasons the Planning and Zoning Commission and/or Village
Board has used in determining that each standard was not met. Such
findings may be in the form of meeting minutes.
I.
Conditions and guarantees applicable to all conditional uses. The
following conditions shall apply to all conditional uses:
(1)
Conditions. Prior to the granting of any conditional use, the Planning and Zoning Commission may recommend and the Village Board may stipulate such conditions and restrictions upon the establishment, location, construction, maintenance and operation of the conditional use as deemed necessary to promote the public health, safety and general welfare of the community, and to secure compliance with the standards and requirements specified in § 295-342G above. Any condition imposed must be related to the purpose of the zoning code and be based on substantial evidence. In all cases in which conditional uses are granted, the Planning and Zoning Commission may recommend, and the Village Board shall require such evidence and guarantees as deemed necessary as proof that the conditions stipulated in connection therewith are being and will be complied with. Such conditions may include specifications for, without limitation because of specific enumeration:
(a)
Landscaping;
(b)
Type of construction;
(c)
Construction commencement and completion dates;
(d)
Sureties;
(e)
Lighting;
(f)
Fencing;
(g)
Operational control;
(h)
Hours of operation;
(i)
Traffic circulation;
(j)
Deed restrictions;
(k)
Access restrictions;
(l)
Setbacks and yards;
(m)
Type of shore cover;
(n)
Specified sewage disposal and water supply systems;
(o)
Planting screens;
(p)
Increased parking;
(q)
Conditions pertaining to permit duration, transfer or renewal;
or
(r)
Any other requirements necessary to fulfill the purpose and
intent of this chapter.
(2)
Site review. In reviewing each application and making its recommendation,
the Planning and Zoning Commission shall evaluate each application
and may request assistance from any source and or committee which
can provide technical assistance. The Planning and Zoning Commission
may review the site, existing and proposed structures, architectural
plans, neighboring uses, parking areas, driveway locations, highway
access, traffic generation and circulation, drainage, sewerage and
water systems and the proposed operation/use.
(3)
Signage. Signage shall be in compliance with municipal sign
regulations.
(4)
Alteration of conditional use. No alteration of a conditional
use shall be permitted unless first approved by the Village Board.
(5)
Architectural treatment. Proposed architectural treatment will
be in general harmony with surrounding uses and the landscape. To
this end, the Village Board may require the use of certain general
types of exterior construction materials and/or architectural treatment.
(6)
Sloped sites; unsuitable soils. Where slopes exceed 6% and/or
where a use is proposed to be located on areas indicated as having
soils that are unsuitable or marginal for development, on-site soil
tests and/or construction plans shall be provided that clearly indicate
that the soil conditions are adequate to accommodate the development
contemplated and/or that any inherent soil condition or slope problems
will be overcome by special construction techniques. Such special
construction might include, among other techniques, terracing, retaining
walls, oversized foundations and footings, drain tile, etc.
(7)
Conditional uses to comply with other requirements. Conditional
uses shall comply with all other provisions of this chapter such as
lot width and area, yards, height, parking and loading. No conditional
use permit shall be granted where the proposed use is deemed to be
inconsistent or conflicting with neighboring uses for reasons of smoke,
dust, odors, noise, vibration, lighting, health hazards or significant
potential of accidents.
J.
Planning and Zoning Commission recommendation; Village Board action.
(1)
Planning and Zoning Commission advisory recommendation.
(a)
Following referral of conditional use permit applications, the
Planning and Zoning Commission may recommend that the Village Board
authorize the Zoning Administrator to issue a conditional use permit
for conditional uses specified in this chapter following their review,
provided such uses are in accordance with the purpose and intent of
this chapter, and, more specifically, the standards for conditional
uses established in this article.
(b)
The Planning and Zoning Commission shall make findings of fact
and recommend such actions or conditions relating to the request as
the Committee deems necessary to carry out the intent and purpose
of this chapter.
(2)
Village Board action.
(3)
Upon receiving the recommendation of the Planning and Zoning Commission, the Village Board shall set the public hearing and place such recommendation(s) on the agenda for the next subsequent Board regular meeting following the scheduling of the public hearing. Such recommendations, including findings of standards not met as required by § 295-342I, shall be entered in and made part of the permanent written record of the Village Board. The Village Board shall make, and record in the minutes of the Board or in a separate statement/report, findings of fact and may impose and require any conditions the Village Board considers necessary to protect the public health, safety and welfare when approving and issuing a conditional use permit. The Village Board's decision to approve or deny the permit must be supported by substantial evidence.
(4)
If, upon receiving the recommendations of the Planning and Zoning
Commission, the Village Board finds that specific inconsistencies
exist in the review process or significant new facts have now been
made available and thus the final determination of the Village Board
will differ from the advisory recommendation of the Planning and Zoning
Commission, the Village Board shall, before taking final action, refer
the matter back to the Planning and Zoning Commission with the written
record or separate statement/report explaining the specific reasons
for referral. This referral action shall only be permitted one time
with each conditional use permit application.
(5)
Reapplication. No application for a conditional use permit which
has been denied in whole or in part by the Village Board shall be
resubmitted for a period of one year from the date of such denial,
except on the grounds that substantial new evidence or proof of changes
that would result in compliance with applicable conditions is included
in the resubmitted application.
K.
Validity of conditional use permit.
(1)
Where the Village Board has approved or conditionally approved
an application for a conditional use permit, such approval shall become
null and void within 18 months of the date of the approval unless
the Village Board has specified a different time line in its approval
or the use is commenced, construction is underway or the current owner
possesses a valid building permit under which construction is commenced
within six months of the date of issuance and which shall not be renewed
unless construction has commenced and is being diligently prosecuted.
(2)
A conditional use permit shall remain in effect as long as the
conditions upon which the permit was issued are followed, but the
Village may impose conditions such as, but not limited to, permit
duration, transfer or renewal, in addition to any other conditions
specified in granting the conditional use permit.
(3)
The Village Board may extend such permit for a period of 90
days for justifiable cause if the conditional use permit included
a permit duration condition, if application is made to the Village
Board at least 30 days before the expiration of said permit.
L.
Complaints regarding conditional uses. The Village Board shall retain continuing jurisdiction over all conditional uses for the purpose of resolving complaints against all previously approved conditional uses. Such authority shall be in addition to the enforcement authority of the Zoning Administrator to order the removal or discontinuance of any unauthorized alterations of an approved conditional use, and the elimination, removal or discontinuance of any violation of a condition imposed prior to or after approval or violation of any other provision of this code. Upon written complaint by any citizen or official, the Village Board shall initially determine whether said complaint indicates a reasonable probability that the subject conditional use is in violation of either one or more of the standards set forth in § 295-342G above, a condition of approval or other requirement imposed hereunder. Upon reaching a positive initial determination, a hearing shall be held upon notice as provided in § 295-342J above. Any person may appear at such hearing and testify in person or be represented by an agent or attorney. The Village Board may, in order to bring the subject conditional use into compliance with the standards set forth in § 295-342G or conditions previously imposed by the Village Board, modify existing conditions upon such use and impose additional reasonable conditions upon the subject conditional use as provided in § 295-342J. Additionally, the offending party may be subjected to a forfeiture as set forth in this chapter and § 1-3, Penalties, of the Village Code. In the event that no reasonable modification of such conditional use can be made in order to assure that standards in § 295-342G will be met, the Village Board may revoke the subject conditional approval and direct the Zoning Administrator and the Village Attorney to seek elimination of the subject use. Following any such hearing, the decision of the Village Board shall be furnished to the current owner of the conditional use in writing stating the reasons therefore. An appeal from a decision of the Village Board under this section may be taken to the Zoning Board of Appeals.
M.
Consistency with Comprehensive Plan. Pursuant to § 66.1001(2m)(b),
Wis. Stats., a conditional use permit that may be issued by the Village
of Hobart does not need to be consistent with the Village Comprehensive
Plan.
N.
Appeals. Any action of the Village Board in granting or denying a
conditional use permit application may be appealed to the Zoning Board
of Appeals. In the alternative, any action of the Village Board in
denying a conditional use permit application may be appealed directly
to Circuit Court per § 62.23(7)(e)10, Wis. Stats. In the
case of appeals to the Zoning Board of Appeals, a written request
shall be made within 10 days after the date of the Village Board's
action granting or denying the permit. Such request for appeal to
the Zoning Board of Appeals shall be filed and reviewed pursuant to
the procedures in §
Any application for an amendment or conditional use, filed by
or on behalf of the owner or owners of the property affected, shall
be accompanied by a fee as established by the Village Board by resolution.
The fee for variances and appeals shall be as established by the Village
Board by resolution. All fees shall be paid to the Village Clerk-Treasurer.
A.
Any building or structure 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/her/their agent shall be deemed an unlawful
structure or use.
B.
The Zoning Administrator/Building Inspector shall report all such
violations to the Village Attorney, who shall bring action to enjoin
the erection, moving, or structural alteration of such building or
the establishment of such use or to cause such building, structure,
or use to be vacated or removed.
C.
Unless otherwise provided in this chapter, any person, firm, or corporation, or agent, employee, or contractor of such who violates, destroys, omits, neglects, or refuses to comply with, or who resists enforcement of any provision of this chapter shall, upon conviction thereof, shall be subject to the penalties provided in § 1-3. Each violation and each day of violation shall constitute a separate offense.
[Amended 1-6-2015 by Ord.
No. 01-2015]
D.
This section shall not preclude the Village of Hobart from maintaining
any appropriate action to prevent or remove a violation of this chapter.
