Hobart City Zoning Code
ARTICLE XXVI
Gambling District Overlay
§ 295-288 Intent.
Mindful of the fact that it is the intent of this article to protect the health, safety and morals of the citizens of the Village of Hobart and to further preserve the quality of family life and to preserve the rural and urban characteristics of its neighborhoods in the Village of Hobart and prevent adverse and deleterious effects contributing to the blight and downgrading of neighborhoods, and also mindful of the effects of gambling upon minors and the rights of Indian tribes under Wisconsin law to conduct some forms of gaming and the civil rights of many persons partaking in gaming and also mindful of the criminal activity and disruption of public peace associated with such gambling places, it is the intent of this article to regulate gambling. By the enactment of this article of the chapter, the Village Board of the Village of Hobart does not intend to give any explicit, implicit or tacit approval or condone any activity relating to gambling.
§ 295-289 Definitions.
For the purpose of this article, the following terms shall have the meanings indicated in this section:
To play or game for money or other stake; hence to stake money or other thing of value on an uncertain event and shall include a "bet" as that term is defined in Wisconsin Statutes § 945.01(1) as may be amended from time to time.
Set forth in Wisconsin Statutes § 945.01(4), as may be amended from time to time.
§ 295-290 Gambling district.
So as to ensure a maximum benefit to the community and a minimum impact upon existing and future uses of land, there is hereby created a gambling district which, subject to the standards set forth in the article, may be used for gambling.
§ 295-291 General standards.
The following standards shall be applicable to any gambling place within a Gambling District:
A.
The Gambling District (Overlay) shall only be established by Conditional Use Permit in all underlying districts.
(1)
Exception. This overlay shall be prohibited in the Exclusive Agricultural Zoning District.
[Added 12-16-2014]
B.
No more than one gambling place may be established on any one parcel and the location of any gambling place shall be at least 1,500 feet from the location of any other gambling place. No gambling place shall be permitted within 2,000 feet of any land zoned residential or within 2,000 feet of a planned unit development, a residential dwelling, school, or public park.
C.
There shall be no sale or consumption of intoxicating beverages in the Gambling District without a valid liquor license issued by the Village.
D.
Signs advertising any of the aforementioned gambling places shall conform with Article XXV and § 295-361 of this chapter, with the exception, however, that no tower or portable signs or billboards shall be permitted on the premises, and with the further exception that there shall be no flashing or traveling lights located outside the building.
F.
There shall be no display windows on the premises.
G.
The owner and/or operator of the gambling place shall agree in writing to comply with all state, federal, and local laws and ordinances and shall consent to the jurisdiction of the Village court for the purpose of enforcement of Village laws and ordinances, the Brown County Circuit Court for the purpose of enforcement of state laws and the Federal District Court for the Eastern District of Wisconsin for the purpose of enforcement of federal laws.
H.
The hours of operation for such gambling places shall be established by the Village Board and shall be set forth in the conditional use permit.
I.
As part of the application process, the applicant must provide to the Village an inventory of the surrounding area and population, both of which shall be made by a Registered Land Surveyor or Planner, along with a study of the proposed development and plans for the area so as to enable the Planning and Zoning Commission to make appropriate findings relating to the effect of the gambling place on such a district in that area.
J.
The owner of the parcel upon which the gambling place is to be established, the operator of the gambling place and owner of the gambling place shall appear in person before the Planning and Zoning Commission.
§ 295-292 Principal uses.
No principal uses shall be permitted as a matter of right in the Gambling District (Overlay). All uses shall be conditional uses.
§ 295-293 Conditional uses.
§ 295-294 Underlying district standards.
Lot area and width, building height and area, yard requirements, parking requirements, and sign requirements required in the underlying district shall be complied with in the Gambling District (overlay).
§ 295-295 Procedure for establishing Gambling District.
A.
An application for the establishment of a Gambling District and petition for the issuance of a conditional use permit shall be made in accordance with § 295-342 and this article.
B.
No application for a Gambling District shall be approved by the Village Board unless, however, the following findings have been made:
(1)
That all the standards and requirements in this article have been met.
(2)
That the proposed use will not be a detriment to the public welfare.
(3)
That the proposed zoning change is consistent with the general intent of the Comprehensive Plan in existence.
(4)
That the existing streets and utility services are adequate for the proposed use.
(5)
That the establishment of a gambling place will in no way contribute to the deterioration of the surrounding neighborhood.
(6)
That the presence of the gambling place will not have a harmful influence on children residing in or frequenting the area.
C.
Approval of the application shall cause the Official Zoning Map to be annotated as a Gambling District (Overlay) (GDO).