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]
A.
Purpose. To place unique land use characteristics within favorable
zoning districts to ease conflicts on neighboring lands and public
need.
B.
Initiation. Any person having a freehold interest in land, 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, may file an application to
use such land for one or more of the conditional uses provided for
in this chapter in the zoning district in which the land is located.
C.
Application. The application for a conditional use shall be filed with the Hobart Village Clerk-Treasurer on a form so prescribed by the Village of Hobart. The application shall be accompanied by such plans and/or data prescribed by the Village Planning and Zoning Commission and shall include a statement, in writing, by the applicant and adequate evidence showing that the proposed conditional use will conform to the standards set forth in the respective zone districts, based on substantial evidence as defined in Subsection G below. Such application shall be reviewed by the Village Planning and Zoning Commission and a written recommendation submitted thereon to the Village Board.
D.
Hearing on application. Upon receipt in proper form of the written recommendation referred to in Subsection C, the Village Board shall hold a public hearing on the proposed conditional use. 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 conditional use request.
E.
Authorization. For each application for a conditional use, the Village
Planning and Zoning Commission shall report to the Village Board its
findings and recommendations, including the stipulation of additional
conditions and guarantees that such conditions will be complied with
when they are deemed necessary for the protection of the public interest.
If an application for a proposed conditional use is not acted upon
within 90 days of the date upon which said application was filed with
the Hobart Village Clerk-Treasurer, it shall be deemed to have been
denied.
F.
Standards.
(2)
The Planning and Zoning Commission shall 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.
(3)
Conditions such as landscaping, architectural design, type of
construction, construction commencement and completion dates, sureties,
lighting, fencing, planting screens, operational control, hours of
operation, improved traffic circulation, deed restrictions, highway
access restrictions, increased yards or park requirements may be recommended
by the Planning and Zoning Commission upon its finding that these
are necessary to fulfill the purpose and intent of this chapter.
G.
Substantial evidence. 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.
H.
Conditions and guarantees. Before issuing a conditional use permit, the Village Planning and Zoning Commission may recommend and the Village Board shall stipulate such conditions and restriction upon the establishment, location, construction, maintenance, and operation of the conditional use as is deemed necessary for the protection of the public interest and to secure compliance with the standards and requirements specified in Subsection F above. In all cases in which conditional uses are granted, the Village Board shall require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being and will be complied with.
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.
