Village of Hobart, WI PDD #1: Centennial Centre at Hobart District

[Amended 8-27-2014 by Ord. No. 02-2014; 1-6-2015 by Ord. No. 01-2015; 1-8-2016 by Ord. No. 01-2016; 1-8-2016 by Ord. No. 04-2016; 3-17-2020 by Ord. No. 2020-02; 12-7-2021 by Ord. No. 2021-18]

§ 295-118 Title and purpose.

This article applies only to the Centennial Centre at Hobart District, which is a mixed-use development district (hereinafter referred to as the "district").

§ 295-119 Legal description.

The legal description of the borders of the District shall be described as follows: Beginning at the southwest corner of N. Overland Drive and Sunlite Drive, thence easterly 66 feet to the southeast corner of N. Overland Drive and Sunlite Drive, thence continuing easterly along the southerly line of Sunlite Drive approximately 6, 120 feet, thence northerly 70 feet to the north line of Sunlite Drive, thence continuing northerly 1,160 feet to the north line of STH 29/32, thence northwesterly along the northerly right-of-way line of STH 29/32 10,020 feet, thence continuing on the same angle, not following the northerly right-of-way line of STH 29/32 but following the northerly line of parcel HB-480 for 1,660 feet, thence southerly 2,110 feet to the north line of Triangle Drive, thence southerly 66 feet to the south line of Triangle Drive, thence continuing southerly 3,105 feet, thence easterly 1,307 feet, thence northerly 120 feet, thence easterly 445.96 feet, thence southerly 85.30 feet, thence easterly 70.04 feet along the north end of Log Cabin Lane right-of-way, thence southerly 30 feet along the east line of Log Cabin Road, thence easterly 764.10 feet to the west line of N. Overland Road, thence southerly 785.73 feet along the west line of N. Overland Road to the northwest corner of N. Overland Road and Sunlite Drive, thence southerly 60 feet to the southwest corner of N. Overland Road and Sunlite Drive, which is the point of beginning.

A map of the above described district is attached.[1]

[1]

Editor's Note: Said map is on file in the Village office.

§ 295-120 Purpose.

The Centennial Centre at Hobart District is intended to implement the development strategies as identified in the adopted Village of Hobart Centennial Centre at Hobart Master Plan. The plan provides a blueprint and design guide for a residential and commercial district and Village center that celebrates the Village's history and looks toward the future by providing for and expanding a stable tax base. The district is intended to be a recognizable and cohesive mixed-use district where individuals and families will reside and where commercial activities will be located. 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:

Assure that planned growth accomplishes goals set forth in the Village's Comprehensive Plan and the Centennial Centre at Hobart Master Plan;

Promotes flexibility in design and the efficient use of land to facilitate a more economic arrangement of buildings, uses, circulation systems and utilities;

Provide for the accomplishment of external architectural unity so as to promote cohesiveness of design aesthetics throughout the entire district;

Provide more usable and suitably located common and open space areas than would otherwise be provided under conventional land development procedures.

§ 295-121 Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

CENTENNIAL CENTRE AT HOBART MASTER PLAN

(Hereafter referred to as "Master Plan" or "Master Plan document.") A more detailed neighborhood plan that supplements the Village's Comprehensive Plan for a specific geographic area of the Village of Hobart (as legally described above, or as may be amended from time to time). The Master Plan design guidelines and standards shall be used as the criteria to obtain approval of a site development plan in the district, including any future amendments to the district as approved by the Village Board. The Master Plan shall be readily available upon request to the Village and can also be found on the Village's official website.

COMPREHENSIVE PLAN

The adopted Comprehensive Plan of the Village of Hobart (including any future amendments) that identifies where growth should occur, makes recommendations for future development in the Village through the use of text, tables, and maps, and includes a mechanism for the review and update of the plan on a regular basis.

LAND USE

The activities, actions or classification upon land within the district.

OWNER

The legal or beneficial owner or owners, tenant, holder of an option or contract to purchase, or other party having an enforceable proprietary interest of land within the district.

RESTRICTIVE COVENANTS

The restrictive covenants filed by the Village on certain Village-owned real estate located within the district and fully set forth on Appendix A hereto.[1]

[1]

Editor's Note: Appendix A is on file in the Village office.

§ 295-122 General provisions for district.

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 §§ 295-135 through 295-139 hereof, shall be made a part of the approved plan and shall be enforceable as a part of this chapter.

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.

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.

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 afore-referenced ordinances, provided such sign(s) promotes or adheres to the general design aesthetics, themes and guidelines of the Centennial Centre Master Plan.

Stormwater and erosion control. The intent of the Master Plan document encourages a regional approach to stormwater detention and management. Wherever possible, a plan encompassing existing or pending regional stormwater management shall be encouraged. Throughout the district, stormwater management requirements shall be in accordance with Chapter 150, Erosion Control and Stormwater Management, Article I, Stormwater Runoff. Requirements for erosion control, per Chapter 150, Article II, Erosion Control, shall also be required throughout the subdivision and development of land throughout the district. Easements for stormwater management facilities shall also be required and granted upon request from the Village.

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.

Garbage and refuse containment. All containers, garbage cans, dumpsters or other garbage and refuse receptacles shall be contained in a structure surrounded by walls on four sides. The Site Review Committee may approve decorative fencing to satisfy this requirement if the fencing meets all other requirements of this section. Complete enclosure of garbage collection areas is strongly encouraged. Colors, materials and other aesthetic features of structures that house garbage and refuse containers shall match the style and aesthetics of the principal structure(s) of the site.

Open/green space requirements. The minimum requirement for green/open space as an aspect of an individual site plan shall range from 10% to 25% of the overall aggregate square footage of the lot depending on the type of land use, specific site configurations and as deemed appropriate by Village planning staff and the Site Review Committee.

Bicycle and pedestrian connectivity. To enable and encourage people to walk and bicycle to, from, and within Centennial Centre, the Village shall require street patterns within new developments that have connections to the existing street system. If streets cannot be connected due to physical or environmental barriers, the Village shall require the designation of public rights-of-way at or near the end of culs-de-sac, horseshoe roads, and other streets for multi-use paths that connect to neighboring subdivisions, schools, parks, and other destinations.

§ 295-123 Prohibited land uses.

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:

Automobiles: automobile dismantling, selling of used automobile parts or used car lots, with the exception of minor service and repair stations;

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;

Contractor's plant or storage yard;

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;

Miniature golf courses or driving ranges;

Pawn shops;

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;

The keeping of nondomestic animals in buildings other than in the large commercial and retail (LCR) uses as outlined in this article;

The storage or parking of trucks, except those in a building lawfully erected for such purposes unless in the limited industrial (LI) land use classification within the district;

Trailer lots;

Trucking contractor's garage or storage yard;

All prohibitions, not otherwise outlined elsewhere in this chapter, pursuant to Article XXV, Entertainment Overlay District, of this chapter.

All other uses expressly prohibited, or not expressly permitted, in the entire Village pursuant to this chapter.

§ 295-124 Permitted and conditional land use designations.

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. After a development plan satisfies the standards set forth in this section, the Master Plan shall be consulted to ensure cohesive design themes and standards are satisfied and consistent.

For all property within the district that is not subjected to the restrictive covenants, all permitted uses set forth in this chapter shall be conditional uses subject to the approvals set forth herein.

§ 295-125 Single-family and two-family residential (SFR).

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.

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.

Lot requirements.

(1)

Lot area and lot frontage. No single-family lot is to be less than 60 feet in width.

(2)

Density. Lots shall have a minimum density of 7,200 square feet, unless otherwise specified in the Master Plan document.

Height regulations. All structures must be designed so as to ensure adequate air movement, natural light, 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.

Building setbacks. All structures must meet the minimum setback requirements of 23 feet for front yards, five feet for each side yard, 15 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.

Building size.

(1)

Minimum size of a one-story dwelling shall be 1,200 square feet for a building in the single-family designation.

(2)

Minimum size of a two-story dwelling shall be 800 square feet on the ground floor and a total minimum of 1,400 square feet.

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:

[a]

Used by a resident of the dwelling unit.

[b]

It has a manufacturer's gross vehicle weight rating of 10,000 pounds or less and is less than 21 feet in length.

[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:

Boats.

Motor homes.

Travel trailers.

Campers.

Snowmobiles, ATVs, UTV and personal watercraft, all of which must be housed or stored on or within a trailer.

[vi]

Utility trailers.

[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 -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.

§ 295-126 Multifamily residential district (MFR).

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, or condominium dwelling units. Multifamily land use applications shall consist of not less than three dwelling units.

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.

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.

Building height. All structures must be designed so as to ensure adequate air movement, natural light, privacy for all residents, and minimize adverse effects upon surrounding properties. Maximum height restrictions are 35 feet, except as provided by § 295-13, Height regulations, unless otherwise approved by the Site Review Committee.

Building setbacks. All principal 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. Principal structures located within the Centennial Centre at Hobart Commerical Core boundaries shall maintain minimum setbacks based on the design and use of the structure. Accessory buildings will only be acceptable for the enclosed storage of automobiles, administrative offices, 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, and shall be screened from view of the public roadway by the principal structure. There shall be a maximum curb cut of 35 feet with 25 feet of the right-of-way, and no enclosed storage.

Building size. There shall be at least 600 square feet minimum per residential dwelling unit.

§ 295-127 Large commercial and retail uses (LCR).

Permitted uses. All uses outlined under "permitted uses," (and not otherwise prohibited in this article) 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 large commercial and retail (LCR) shall include the following:

(1)

Art shops or galleries;

(2)

Grocery stores;

(3)

Department stores;

(4)

Large boutique stores;

Hotels;

Bowling alleys;

Cinemas or theaters;

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)

Research institutions;

(19)

Other retail and commercial uses similar in character when determined by the Site Review Committee to be in accordance with the stated goals, objectives and design themes and guidelines of the Master Plan document.

Height regulations. All structures must be designed so as to ensure adequate air movement, natural light, privacy for all residents, and minimize adverse effects upon surrounding properties. Maximum height restrictions are 55 feet, except as provided by § 295-13, Height regulations, unless otherwise approved by the Site Review Committee.

Building setbacks. Minimum setbacks shall be established per the design and use of the structure.

Building size. Buildings should maintain a minimum of 25,000 square feet.

Other requirements. Structures and buildings allowed in the large 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)

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.

(3)

A detailed landscaping plan, showing placement of shrubbery, trees and other vegetative plantings shall be submitted in accordance with § 295-140 to the Site Review Committee for approval prior to the issuance of a building permit, to ensure appropriateness and compatibility with adjoining development.

§ 295-128 Small commercial and retail uses (SCR).

Permitted uses. All uses outlined under "permitted uses" (and not otherwise prohibited in this article hereto) within the B-1 Community Business District (Article XX of this chapter), B-2 Limited Community Business District (Article XXI of this chapter), and C-1 Limited Commercial District (Article XXII of this chapter). Additional permitted uses under small commercial and retail may be included in the SCR classification upon a determination of the Site Review Committee that such a use is in conformance with the intent of PDD #1 and if such use is demonstrated to be consistent with the design goals, guidelines and standards set forth in the Master Plan document.

Height regulations. Minimum and/or maximum building heights will be established per the design and use of the structure and shall be designed as ensure adequate air movement, natural light, and minimize adverse effects upon surrounding properties.

Building setbacks. Minimum setbacks will be established per the design and use of the structure.

Building size. Buildings should maintain a minimum of 500 square feet and shall not exceed a maximum of 25,000 square feet.

§ 295-129 Limited industrial (LI).

Limited industrial uses in the district are uses that can create jobs and promote residential growth of the planned development district. Stringent guidelines shall cover all land uses pertaining to limited industrial or light manufacturing site proposals.

Height regulations. All structures must be designed so as to ensure adequate air movement, natural light, privacy for all residents, and minimize adverse effects upon surrounding properties. Maximum height restrictions are 35 feet, except as provided by § 295-13, Height regulations, unless otherwise approved by the Site Review Committee.

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, and be constructed in accordance with the design themes and guidelines of the Master Plan documents and its amendments/appendices. Driveways shall maintain setbacks of six feet off property lines with maximum curb cuts of 35 feet at the curbline and 25 feet at the right-of-way. No outside storage is permitted. Building, lot and associated infrastructure layout shall meet all ingress and egress requirements for firesafety.

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)

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.

(4)

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, objectives and design themes of the Master Plan may be prohibited by the Village Board.

§ 295-130 Mixed use (MU).

Within the district, a combination of different zoning district land uses within one development or plan application may exist and is encouraged. Mixed uses can include a combination of any of the following land use designation: commercial, residential, civic, research and institutional, business/office/professional, parks, open space, retail, and hospitality.

Permitted uses. All land uses outlined hereto and herein this section will apply to the mixed use land designation with the exception of the limited industrial land use designation. The targeted mixture of land uses in the MU categories includes SCR, LCR, MFR, or uses pertaining to civic, governmental or research-oriented enterprises or endeavors. Quotas or dictates on the makeup of area of a building shall not be outlined in this section so as to allow the greatest amount of flexibility to the developer on a site- or project-specific basis.

Height regulations. All structures must be designed so as to ensure adequate air movement, natural light, and minimize adverse effects upon surrounding properties. No minimum or maximum height restrictions exist in the MU land designation. Generally, buildings will not be greater than four stories in height, unless otherwise approved by the Site Review Committee.

Building setbacks. The district zoning allows for zero lot lines based on type of project, land use and specific details of the development proposal, provided that they are in accordance with the design themes and guidelines of the Master Plan documents and its amendments/appendices.

§ 295-131 Village Centre District (VC).

Within the VC District, a single land use or combination of different land uses within one development or plan application may exist. The VC area provides for consideration of any of the following land use classifications: commercial, multifamily residential, civic, research and institutional, business/office/professional, parks, open space, retail, and hospitality. A conceptual plan document for the VC District shall be incorporated as an amendment/appendix to the Centennial Centre at Hobart Master Plan document. The conceptual plan will serve only as a guide for potential placement of future development, not a stringent development blueprint; however, site plan review and approval for proposed projects within area denoted as the VC District shall be governed by this section.

Permitted uses. All land uses outlined in this chapter, with the exception of the limited industrial land use designation and single-family residential, may be considered in the VC land use designation with the approval of the Site Review Committee and Village Board. Quotas or dictates on the makeup or area of a building shall not be outlined in this section so as to allow the greatest amount of flexibility to the developer on a site- or project-specific basis.

Lot requirements. Lot requirements will vary based on the number of proposed units to be constructed on the site, green space requirements, parking and storm water management requirements. All lots shall meet the approval of the Site Review Committee.

Height regulations. All structures must be designed so as to ensure adequate air movement, natural light, and minimize adverse effects upon surrounding properties. No minimum or maximum height restrictions exist in the VC District. Generally, buildings will not be greater than four stories in height, unless otherwise approved by the Site Review Committee.

Building setbacks. The VC District allows for zero lot lines based on type of project, land use and specific details of the development proposal, provided that they are in accordance with the design themes and guidelines of the Master Plan document and its amendments/appendices.

§ 295-132 Research and institutional uses (RIU).

Research and institutional uses are allowed as long as they meet the requirements of not being hazardous, harmful, offensive, or otherwise adverse to the environment. Research and institutional uses include health care facilities, college, university or vocational training buildings, civic and governmental land uses, large research planned development projects, religious institutions and all other uses intended for research, technology, academic or medical training facilities.

Height regulations. No minimum or maximum height restrictions exist in the RIU land use designation. Generally, buildings will not be greater than four stories in height.

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 six feet off property lines, maximum curb cut of 30 feet, and no outside storage is permitted. Shall meet all ingress and egress requirements for firesafety. The Site Review Committee shall grant exceptions to the building setback requirements per the design and use of the building and upon its determination that the building and lot layout conform to the standards, goals and guidelines of the Master Plan document.

§ 295-133 Business/professional/office (BPO).

The business/professional/office (BPO) land designation refers to services that are provided in typical community or central business districts. Business/professional/office uses are specific to, although not stringently so, normal operating hours of Monday through Saturday between 6:00 a.m. and 12:00 midnight. Services included health care, professional lawyers, accountants, educators, engineers/architects, and the work of other professional practitioners who provide specialized skills and services.

Permitted uses. All uses outlined under "permitted uses" within the B-1 Community Business District (Article XX of this chapter) and C-1 Limited Commercial District (Article XXII of this chapter) are permitted uses in this land use classification.

Height regulations. All structures must be designed so as to ensure adequate air movement, natural light, and minimize adverse effects upon surrounding properties. No minimum or maximum height restrictions exist in the BPO land use designation. Generally, buildings will not be greater than four stories in height, unless otherwise approved by the Site Review Committee.

Building setbacks. All structure must meet the minimum setback requirements of 30 feet for front yards, 15 feet for side yards, 25 feet for rear yards, driveways six feet off property lines, maximum curb cut of 30 feet, and no outside storage is permitted. Shall meet all ingress and egress requirements for firesafety. The Site Review Committee shall grant exceptions to the building setback requirements per the design and use of the building and upon its determination that the building and lot layout conform to the standards, goals and guidelines of the Master Plan documents.

Building size. Buildings should maintain a minimum of 1,000 square feet.

Other requirements.

(1)

Structures and buildings allowed in the business/office/professional land use designation shall meet the regulations of this district and the other articles of this section, as determined by the Village Zoning Administrator/Building Inspector 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 structure, shall be effectively screened by shrubbery, a solid wall or opaque fence. Walls and fences may not exceed eight feet in height.

(4)

Any use found and determined by the Site Review Committee to be incompatible with the purpose, goals and design guidelines of the Master Plan may be prohibited by the Village Board.

(5)

A detailed landscaping plan, showing placement of shrubbery, trees and other vegetative plantings shall be submitted to the Site Review Committee for approval prior to the issuance of a building permit, to ensure appropriateness and compatibility with adjoining development.

§ 295-134 Parks and open/public space (POS).

Preservation of open space and other natural features, such as woodlands, floodplains, and wetlands, shall apply to land areas designated for such use in the Master Plan document. Except as otherwise regulated in this article, parks and open space shall be public space for recreation and enjoyment of the environment. Builders and developers will be encouraged to promote additional green space and open areas in the individual site plan.

In the case of roadways and other rights-of-way which are not dedicated to the public, there shall be granted to the Village such easements over the same as may be necessary to enable the Village to provide suitable and adequate fire protection, sanitary and storm sewer, water and other required municipal services to the project area.

The care and maintenance of such open space reservations and rights-of-way shall be assured either by the establishment of an appropriate management organization for the project or by agreement with the Village for establishment of a special service district for the project area on the basis of which the Village shall provide the necessary maintenance service and levy the cost thereof as a special fee on the property tax bills of properties with the project area.

Ownership and tax liability of private open space reservation and rights-of-way shall be established in a manner acceptable to the Village and made part of conditions of the plan approval.

§ 295-135 Hospitality (H).

The hospitality land use designation refers to uses such as hotels, motels, convention centers, bed-and-breakfast establishments and other uses designed specifically for entertainment, food and lodging.

Height regulations. All structures must be designed so as to ensure adequate air movement, natural light, and minimize adverse effects upon surrounding properties. No minimum or maximum height restrictions exist in the hospitality (H) land use designation. Generally, buildings will not be greater than four stories in height, unless otherwise approved by the Site Review Committee.

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 six feet off property lines, maximum curb cut of 30 feet, and no outside storage is permitted. All site details shall meet all ingress and egress requirements for firesafety. The Site Review Committee shall grant exceptions to the building setback requirements per the design and use of the building and upon its determination that the building and lot layout conform to the standards, goals and guidelines of the Master Plan document.

§ 295-136 Site review/development and design standards.

Introduction. This section is designed to provide for the future growth and development of those residences, businesses, and industries 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.

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 industry and to comply with the stated goals, objectives and aesthetics outline in the Master Plan document.

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.

Master Plan conformity. No structure shall be erected, converted, enlarged, reconstructed or altered, and no structure or land shall be used for any purpose nor in any manner which is not in conformity with the provisions of this section and the Master Plan document.

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 aesthetic as stated in the Master Plan as may be amended from time to time.

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.

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.

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.

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 section and the Master Plan document 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 shall consist 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.

(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.

§ 295-137 General building and performance standards.

Purpose. The purpose of this section is to establish general development performance standards, in accordance with the Village of Hobart zoning ordinances, the Comprehensive Plan and the Master Plan document. 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.

Building. The Master Plan encourages a variety of architectural styles. However, basic harmony is intended to prevail so that no one structure detracts from the attractiveness of the overall environment or the design themes and guidelines contained in the Master Plan. The Site Review Committee shall review building design in order to ensure architectural compatibility and integrity.

Building exterior. Within the district, all colors, materials, finishes, and building form shall be coordinated in a manner consistent with general guidelines of the Master Plan for each of the front, side, and rear exterior walls. Materials, color and texture may vary so long as the integrity of the design guidelines of the Master Plan document are upheld. The Master Plan document outlines appropriate materials, colors and texture and proponents of a plan should, to the maximum extent practicable, follow the guidelines for suggested building exteriors.

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.

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.

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.

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.

No right to divide property. After a site plan has been approved, the property subject to the approved site plan shall not be further divided without a review and consent of the Village.

Fences.

(1)

Construction and maintenance. Every fence shall be constructed in a substantial, workmanlike manner and of material reasonably suited for the purpose for which the fence is proposed to be used. Every fence shall be maintained in a condition of reasonable repair and shall not be allowed to become and remain in a condition of disrepair or constitute a nuisance, public or private. Any such fence which is, or has become, dangerous to the public safety, health or welfare, is a public nuisance and shall be repaired. Chain-linked or barbed fences of any kind shall be prohibited throughout the Centennial Centre at Hobart District. Fence colors, aesthetics and construction materials must conform to the Master Plan document and shall be consistent and/or complementary to the surrounding built environment.

(2)

Location/height. On corner lots in all districts, no fence or planting in excess of 36 inches above the street center-line grade will be permitted within a triangular area defined as follows: beginning at the intersection of the projected curbing lines of two intersecting streets; thence 30 feet along one property line; thence diagonally to a point 30 feet from the point of beginning on the other property line; thence to the point of beginning.

(a)

In those instances where a fence exists as an enclosure which restricts access from the front to the rear yard, a gate, identifiable as a collapsible section, or other such means of recognizable ingress, shall be unobstructed and a minimum of three feet in width. The location of such ingress points shall be positioned at any point paralleling the front lot line between the side lot property line and the principal structure.

(b)

Fences in all districts shall not exceed eight feet in height.

(c)

No fencing shall be allowed between the front setback line and the principal structure.

Site plan review. No fence shall be constructed, moved or altered without Site Review Committee review. Fences constructed in Single-Family and Two-Family Residential (SFR) Districts are exempt from Site Review Committee review, provided they are reviewed by the Building Inspector/Zoning Administrator.

§ 295-138 Lighting and standards.

To provide for the basic needs of safety and security, appropriate lighting shall be provided in order to delineate roads, drives, parking areas, pedestrianways, buildings, and other organizational points. Lighting shall be an integral part of the overall architectural design of Centennial Centre at Hobart; 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.

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. 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 multiformat. Characteristics include 27,000 metal halide, spaced approximately 100 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, per the Master Plan document, and height. The use of wooden poles is prohibited.

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.

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.

The use of building-mounted floodlights and tall freeway-type fixtures is prohibited. Ground-mounted floodlights used to accent principal buildings are permitted.

Flag directional lighting is permitted with approval of terms and conditions of use of such lighting by the Site Review Committee.

§ 295-139 Site plan review.

Site plan approval required.

(1)

No property within the district shall be improved without first obtaining an approved site plan as provided in this section.

(2)

No construction or improvements may be made except in strict compliance with a site plan that has been approved as provided in this section.

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 and recreational facilities throughout the district;

(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, where shown on the Master Plan;

(6)

To require architectural plans that are consistent with design guidelines and principal aesthetic goals for development as set forth in the Master Plan;

(7)

To enable and encourage people to easily and safely travel to, from, and within Centennial Centre on foot, by bicycle, and by vehicle.

Site plan approval. The following procedure shall be followed for the submittal of site plans. Where procedures and requirements imposed by this section 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 district and Master Plan criteria.

(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 and in the Master Plan document, 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 chapter.

(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 regular 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 the Master Plan standards and guidelines, 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 Master Plan 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 Centennial Centre Master Plan.

(f)

A written statement from the owner acknowledging the Village's restrictive covenants for the district set forth on Appendix A[1] and agreeing:

[1]

To subject the real estate that is subject to the site to the restrictive covenants if said property has not been previously subjected to the restricted covenants; and

[2]

To be individually bound by the terms of the restrictive covenants, including the waiver of sovereign immunity set forth therein.

[1]

Editor's Note: Appendix A is on file in the Village office.

(g)

North point indicator;

(h)

Scale;

(i)

Boundary lines of property, with dimensions;

(j)

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;

[4]

Utilities and any easements, including but not limited to the following types:

Electric.

Natural gas.

Telephone.

Water.

Sewer (sanitary and storm).

[f]

Fiber-optic lines.

[g]

Other transmission lines.

[h]

Ingress-egress easements;

[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;

(k)

A statement of the total acreage of the property to be developed;

(l)

Significant physical features within the tract, watercourses, ponds, lakes, rain gardens, and wetlands, and proposed major changes in those features;

(m)

All contemplated land uses;

(n)

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;

(o)

Existing buildings that will be removed and the proposed location of all principal structures and associated parking areas;

(p)

Proposed circulation systems (pedestrian, bicycle, auto) by type, their connection to the existing network outside the site;

(q)

Existing rights-of-way and easements that may affect the project;

(r)

The location of sanitary and storm sewer lines and water mains;

(s)

The location of recreational and open space areas;

(t)

Description of proposed system for drainage and a stormwater plan showing existing and final grades.

[1]

Parking facilities;

[2]

Water bodies and wetlands;

[3]

Surface water holding ponds, drainage ditches, and drainage patterns, location and size of culverts and any drainage sewers servicing the site;

(u)

Sidewalks, walkways, and driveways;

(v)

Off-street loading areas and docks;

(w)

Fences and retaining walls;

(x)

All signs;

(y)

Exterior refuse collection areas and the required enclosure(s);

(z)

Exterior lighting;

(aa)

Traffic flow on- and off-site.

(bb)

Location of open space/green space;

(cc)

Site statistics, including:

[1]

Site square footage;

[2]

Percent site coverage;

[3]

Percent open space and green space;

[4]

Floor area ratio;

(dd)

Location and dimensions of proposed outdoor display areas;

(ee)

Architectural rendering of the proposed structures and buildings, including:

[1]

All dimensions;

[2]

Gross square footage of existing and proposed buildings and structures; and

[3]

Description of all exterior finish materials;

(ff)

Erosion control plans;

(gg)

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.

§ 295-140 Landscaping.

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.

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.

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 set forth in the Master Plan, 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:

(a)

The location and dimensions of all proposed open space/green space areas;

(b)

Identification of all proposed vegetation:

[1]

Symbols, quantities, common names, and size of all plant materials;

[2]

Showing all species to scale of mature crown diameter or spread;

[3]

All existing vegetation to be saved; and

[4]

Typical sections of berms, fences, retaining walls, planter boxes, etc.

(3)

Reviews. Review of landscape plans should be conducted concurrently with and follow the same procedure as site plan review.

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 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:

(a)

Evergreen shrubs used for screening purposes, including those used in conjunction with berms, shall be a minimum of 24 inches in height.

(b)

Tree size, spacing and frequency requirements shall be determined per land use, site plan configurations and as deemed appropriate by Village staff and the Site Review Committee during the site review procedure.

(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)

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.

(5)

Implementation/replacement.

(a)

All approved landscaping is to be installed in accordance with a 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.

(6)

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.

(7)

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.

§ 295-141 Compliance and penalties.

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 ordered 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.

Forfeitures. Any violation of this article or a site plan approved hereunder shall be subject to forfeiture up to the maximum penalty allowable per Municipal Code and state statute as may be amended, with each twenty-four-hour period constituting a separate violation.

Nonexclusive remedy. Nothing in this chapter shall be construed to limit the Village's ability to pursue all remedies available to it to enforce this article, the Master Plan document, compliance with a site plan or to enforce a development agreement required hereby contemporaneously with forfeiture or other legal action.

Appeals. Appeals of Site Review Committee decisions may be made to the Village Board. Such appeal shall be filed with the Village Clerk-Treasurer within 30 days following final Site Review Committee action.