This article of the chapter shall set forth the requirements
to adequately provide and develop the proper administration and enforcement
of this chapter.
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.
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.
[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.
(1)
No conditional use shall be recommended by the Village Planning and Zoning Commission, unless said Commission shall find that the conditions comply with Article
II, Intent, Purpose, and Severability, and is based on substantial evidence as defined in Subsection
G below.
(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.