Hobart City Zoning Code
ARTICLE XXXI
Administration and Enforcement
§ 295-331 Purpose.
This article of the chapter shall set forth the requirements to adequately provide and develop the proper administration and enforcement of this chapter.
§ 295-332 General.
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.
§ 295-333 Zoning Administrator/Building Inspector.
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.
§ 295-334 Board of Appeals.
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.
§ 295-335 Village Planning and Zoning Commission.
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.
§ 295-336 Building permit.
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.
§ 295-337 Plats.
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.
§ 295-338 Occupancy certificate.
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.
§ 295-339 Variances.
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.
§ 295-340 Appeals.
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]
§ 295-341 Amendments.
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.
§ 295-342 Conditional uses.
[Amended 1-2-2019 by Ord. No. 2018-17; 5-7-2024 by Ord. No. 2024-05]
A.
Purpose of conditional uses. The purpose of a conditional use is to provide a reasonable degree of discretion in determining the suitability of certain uses of a special nature, so as to make impractical their predetermination as a principal use in a district. The development and execution of this article is based upon the division of the Village of Hobart into zoning districts, within which districts the use of land and buildings, and bulk and location of buildings and structures in relation to the land, are mutually compatible and substantially uniform. However, there are certain uses which, because of their unique characteristics, cannot be properly classified as unrestricted permitted uses in any particular district or districts without consideration, in each case, of the impact of those uses upon neighboring land or public facilities and of the public need for the particular use at a specific location. Such uses, nevertheless, may be necessary or desirable to be allowed in a particular district, provided that due consideration is given to location, development and operation of such uses. Such uses are classified as conditional uses and are those uses specifically designated as conditional uses by the zoning district or which are classified as a conditional use under the review procedures in this article. The listing of a use as a conditional use is not a legislative determination that the use is inherently in the public interest in that district. [See All Energy Corp. v. Trempealeau County, 2017 WI 52 (2017)]
B.
Authority of Planning and Zoning Commission and Village Board; requirements.
(1)
Authority; intent. The Village Board may authorize the Zoning Administrator to issue a conditional use permit after review, public hearing, advisory recommendation from the Planning and Zoning Commission and approval from the Village Board, provided that such conditional use and involved structure(s) are found to be in accordance with the purpose and intent of this chapter and are further found to be not hazardous, harmful, offensive or otherwise adverse to the environment or the value of the neighborhood or the community. Such Village Board action, and the resulting conditional use permit, shall specify the period of time for which effective, if specified; the name of the permittee; the location and legal description of the affected premises. Prior to the granting of a conditional use, the Village Board shall make findings based upon the evidence presented that the standards herein prescribed are being complied with.
(2)
General authority to require conditions. Per § 295-342I, conditions such as landscaping, architectural design, type of construction, construction commencement and completion dates, sureties, lighting, fencing, planting screens, operation control, hours of operation, improved traffic circulation, deed restrictions, highway access restrictions, increased yards or parking requirements may be recommended by the Planning and Zoning Commission and required by the Village Board upon their finding that these are necessary to fulfill the purpose and intent of this chapter.
(3)
Compliance with other zoning conditions. Compliance with all other provisions of this chapter, such as lot width and area, yards, height, parking, loading, traffic, highway access and performance standards, shall be required of all conditional uses.
C.
Initiation of conditional use request. Any person, firm, corporation or organization having a freehold interest or a possessory interest entitled to exclusive possession, or a contractual interest which may become a freehold interest or an exclusive possessory interest, and which is specifically enforceable in the land for which a conditional use permit is sought, may file an application to use such land for one or more of the conditional uses provided for in this article in the zoning district in which such land is located, or for a conditional use substantially similar to a listed conditional use.
D.
Application for conditional use.
(1)
Application filing requirements. An application for a conditional use permit, accompanied by the application fee prescribed by the Village Board, shall be filed on a form prescribed by the Village. Such applications shall be forwarded to the Planning and Zoning Commission upon receipt by the Zoning Administrator or Village Clerk.
(2)
Required plans/information. The plans/information required for review of all conditional use permit applications shall generally consist of any or all of the following, as required by the Zoning Administrator:
(3)
Additional information. In order to secure information upon which to base its determination, the Zoning Administrator may require the applicant to furnish, in addition to the information required above and for a building permit, the following information:
(a)
Contours; soil types. A plan of the area showing contours, soil types, high-water mark, groundwater conditions, bedrock, slope and vegetation cover.
(b)
Location of buildings; parking areas. Location of buildings, parking areas, traffic access, driveways, walkways, open spaces, landscaping and lighting.
(c)
Building and utilities plans. Plans for buildings, sewage disposal facilities, water supply systems and arrangements of operations.
(d)
Filling/grading plan. Specifications for areas of proposed filling, grading, or dredging.
(e)
Other information. Other pertinent information necessary to determine if the proposed use meets the requirements of this chapter.
E.
Planning and Zoning Commission review. Upon receipt of the application and the information required by § 295-342D above, the request for a conditional use permit shall be placed on the agenda of the first Planning and Zoning Commission meeting occurring after 10 days from the date of submission. The request shall be considered as being officially submitted when all the information requirements, including the payment of all applicable fees, are complied with. At such meeting, the Planning and Zoning Commission shall make an advisory recommendation regarding the application, and a record of the proceedings shall be kept in such a manner and according to such procedures as the Planning and Zoning Commission shall prescribe from time to time. The Village Board and/or Planning and Zoning Commission can, on its own motion, apply conditional uses when applications for rezonings come before their bodies.
F.
Public hearing on application; notice.
(1)
Hearing requirements. A public hearing shall be held on all conditional use permit applications. The public hearing shall be held by the Village Board. Due notice of the hearing shall be given to parties interested, as well as owners of property located within 100 feet of the property requesting the conditional use.
(2)
Incomplete notice. Failure to fully comply with the notice to adjacent property owners shall not, however, invalidate any previous or subsequent action on the application.
G.
Standards and considerations for conditional uses.
(1)
Standards. No application for a conditional use shall be recommended for approval by the Planning and Zoning Commission, or approved by the Village Board, unless the following conditions are present:
(a)
That the applicant has demonstrated that the application and all requirements and conditions established by the Village relating to the conditional use are or shall be satisfied, both of which must be supported by substantial evidence. Per § 62.23(7)(de)b, Wis. Stats., "substantial evidence" means facts and information, other than merely personal preferences or speculation, directly pertaining to the requirements and conditions an applicant must meet to obtain a conditional use permit and that reasonable persons would accept in support of a conclusion.
(b)
That the establishment, maintenance, or operation of the conditional use will not be detrimental to or endanger the public health, safety, morals, comfort or general welfare.
(c)
That the uses, values, and enjoyment of other property in the neighborhood for purposes already permitted shall be in no foreseeable manner substantially impaired or diminished by the establishment, maintenance or operation of the conditional use.
(d)
That the establishment of the conditional use will not impede the normal and orderly use, development and improvement of the surrounding property for uses permitted in the district.
(e)
That adequate utilities, access roads, drainage and other necessary site improvements have been or are being provided.
(f)
That adequate measures have been or will be taken to provide ingress and egress so designed as to minimize traffic congestion in the public streets.
(g)
That the conditional use shall conform to all applicable regulations of the district in which it is located.
(h)
That the proposed use does not violate floodplain regulations governing the site.
(i)
That adequate measures have been or will be taken to prevent and control water pollution, including sedimentation, erosion and runoff.
(2)
Application of standards. When applying the above standards to any new construction of a building or an addition to an existing building, the Village Board and Planning and Zoning Commission shall bear in mind the statement of purpose for the zoning district such that the proposed building or addition at its location does not defeat the purposes and objective of the zoning district and the Village Comprehensive Plan.
(3)
Additional considerations. In addition, in passing upon a conditional use permit application, the Planning and Zoning Commission and Village Board shall also evaluate the effect of the proposed use upon:
(a)
The maintenance of safe and healthy conditions.
(b)
The prevention and control of water pollution, including sedimentation.
(c)
Existing topographic and drainage features and vegetative cover on the site.
(d)
The location of the site with respect to floodplains and floodways of rivers and streams.
(e)
The erosion potential of the site based upon degree and direction of slope, soil type and vegetative cover.
(f)
The location of the site with respect to existing or future access roads.
(g)
The need of the proposed use for a shoreland location.
(h)
Its compatibility with uses on adjacent land.
(i)
The amount of liquid waste to be generated and the adequacy of the proposed disposal systems.
H.
Denial of application for conditional use permit. When an advisory recommendation of denial of a conditional use application is made by the Planning and Zoning Commission or an actual denial by the Village Board, the Planning and Zoning Commission and/or Village Board shall furnish the applicant, in writing, those standards that are not met and enumerate reasons the Planning and Zoning Commission and/or Village Board has used in determining that each standard was not met. Such findings may be in the form of meeting minutes.
I.
Conditions and guarantees applicable to all conditional uses. The following conditions shall apply to all conditional uses:
(1)
Conditions. Prior to the granting of any conditional use, the Planning and Zoning Commission may recommend and the Village Board may stipulate such conditions and restrictions upon the establishment, location, construction, maintenance and operation of the conditional use as deemed necessary to promote the public health, safety and general welfare of the community, and to secure compliance with the standards and requirements specified in § 295-342G above. Any condition imposed must be related to the purpose of the zoning code and be based on substantial evidence. In all cases in which conditional uses are granted, the Planning and Zoning Commission may recommend, and the Village Board shall require such evidence and guarantees as deemed necessary as proof that the conditions stipulated in connection therewith are being and will be complied with. Such conditions may include specifications for, without limitation because of specific enumeration:
(a)
Landscaping;
(b)
Type of construction;
(c)
Construction commencement and completion dates;
(d)
Sureties;
(e)
Lighting;
(f)
Fencing;
(g)
Operational control;
(h)
Hours of operation;
(i)
Traffic circulation;
(j)
Deed restrictions;
(k)
Access restrictions;
(l)
Setbacks and yards;
(m)
Type of shore cover;
(n)
Specified sewage disposal and water supply systems;
(o)
Planting screens;
(p)
Increased parking;
(q)
Conditions pertaining to permit duration, transfer or renewal; or
(r)
Any other requirements necessary to fulfill the purpose and intent of this chapter.
(2)
Site review. In reviewing each application and making its recommendation, the Planning and Zoning Commission shall evaluate each application and may request assistance from any source and or committee which can provide technical assistance. The Planning and Zoning Commission may review the site, existing and proposed structures, architectural plans, neighboring uses, parking areas, driveway locations, highway access, traffic generation and circulation, drainage, sewerage and water systems and the proposed operation/use.
(3)
Signage. Signage shall be in compliance with municipal sign regulations.
(4)
Alteration of conditional use. No alteration of a conditional use shall be permitted unless first approved by the Village Board.
(5)
Architectural treatment. Proposed architectural treatment will be in general harmony with surrounding uses and the landscape. To this end, the Village Board may require the use of certain general types of exterior construction materials and/or architectural treatment.
(6)
Sloped sites; unsuitable soils. Where slopes exceed 6% and/or where a use is proposed to be located on areas indicated as having soils that are unsuitable or marginal for development, on-site soil tests and/or construction plans shall be provided that clearly indicate that the soil conditions are adequate to accommodate the development contemplated and/or that any inherent soil condition or slope problems will be overcome by special construction techniques. Such special construction might include, among other techniques, terracing, retaining walls, oversized foundations and footings, drain tile, etc.
(7)
Conditional uses to comply with other requirements. Conditional uses shall comply with all other provisions of this chapter such as lot width and area, yards, height, parking and loading. No conditional use permit shall be granted where the proposed use is deemed to be inconsistent or conflicting with neighboring uses for reasons of smoke, dust, odors, noise, vibration, lighting, health hazards or significant potential of accidents.
J.
Planning and Zoning Commission recommendation; Village Board action.
(1)
Planning and Zoning Commission advisory recommendation.
(a)
Following referral of conditional use permit applications, the Planning and Zoning Commission may recommend that the Village Board authorize the Zoning Administrator to issue a conditional use permit for conditional uses specified in this chapter following their review, provided such uses are in accordance with the purpose and intent of this chapter, and, more specifically, the standards for conditional uses established in this article.
(b)
The Planning and Zoning Commission shall make findings of fact and recommend such actions or conditions relating to the request as the Committee deems necessary to carry out the intent and purpose of this chapter.
(2)
Village Board action.
(3)
Upon receiving the recommendation of the Planning and Zoning Commission, the Village Board shall set the public hearing and place such recommendation(s) on the agenda for the next subsequent Board regular meeting following the scheduling of the public hearing. Such recommendations, including findings of standards not met as required by § 295-342I, shall be entered in and made part of the permanent written record of the Village Board. The Village Board shall make, and record in the minutes of the Board or in a separate statement/report, findings of fact and may impose and require any conditions the Village Board considers necessary to protect the public health, safety and welfare when approving and issuing a conditional use permit. The Village Board's decision to approve or deny the permit must be supported by substantial evidence.
(4)
If, upon receiving the recommendations of the Planning and Zoning Commission, the Village Board finds that specific inconsistencies exist in the review process or significant new facts have now been made available and thus the final determination of the Village Board will differ from the advisory recommendation of the Planning and Zoning Commission, the Village Board shall, before taking final action, refer the matter back to the Planning and Zoning Commission with the written record or separate statement/report explaining the specific reasons for referral. This referral action shall only be permitted one time with each conditional use permit application.
(5)
Reapplication. No application for a conditional use permit which has been denied in whole or in part by the Village Board shall be resubmitted for a period of one year from the date of such denial, except on the grounds that substantial new evidence or proof of changes that would result in compliance with applicable conditions is included in the resubmitted application.
K.
Validity of conditional use permit.
(1)
Where the Village Board has approved or conditionally approved an application for a conditional use permit, such approval shall become null and void within 18 months of the date of the approval unless the Village Board has specified a different time line in its approval or the use is commenced, construction is underway or the current owner possesses a valid building permit under which construction is commenced within six months of the date of issuance and which shall not be renewed unless construction has commenced and is being diligently prosecuted.
(2)
A conditional use permit shall remain in effect as long as the conditions upon which the permit was issued are followed, but the Village may impose conditions such as, but not limited to, permit duration, transfer or renewal, in addition to any other conditions specified in granting the conditional use permit.
(3)
The Village Board may extend such permit for a period of 90 days for justifiable cause if the conditional use permit included a permit duration condition, if application is made to the Village Board at least 30 days before the expiration of said permit.
L.
Complaints regarding conditional uses. The Village Board shall retain continuing jurisdiction over all conditional uses for the purpose of resolving complaints against all previously approved conditional uses. Such authority shall be in addition to the enforcement authority of the Zoning Administrator to order the removal or discontinuance of any unauthorized alterations of an approved conditional use, and the elimination, removal or discontinuance of any violation of a condition imposed prior to or after approval or violation of any other provision of this code. Upon written complaint by any citizen or official, the Village Board shall initially determine whether said complaint indicates a reasonable probability that the subject conditional use is in violation of either one or more of the standards set forth in § 295-342G above, a condition of approval or other requirement imposed hereunder. Upon reaching a positive initial determination, a hearing shall be held upon notice as provided in § 295-342J above. Any person may appear at such hearing and testify in person or be represented by an agent or attorney. The Village Board may, in order to bring the subject conditional use into compliance with the standards set forth in § 295-342G or conditions previously imposed by the Village Board, modify existing conditions upon such use and impose additional reasonable conditions upon the subject conditional use as provided in § 295-342J. Additionally, the offending party may be subjected to a forfeiture as set forth in this chapter and § 1-3, Penalties, of the Village Code. In the event that no reasonable modification of such conditional use can be made in order to assure that standards in § 295-342G will be met, the Village Board may revoke the subject conditional approval and direct the Zoning Administrator and the Village Attorney to seek elimination of the subject use. Following any such hearing, the decision of the Village Board shall be furnished to the current owner of the conditional use in writing stating the reasons therefore. An appeal from a decision of the Village Board under this section may be taken to the Zoning Board of Appeals.
M.
Consistency with Comprehensive Plan. Pursuant to § 66.1001(2m)(b), Wis. Stats., a conditional use permit that may be issued by the Village of Hobart does not need to be consistent with the Village Comprehensive Plan.
N.
Appeals. Any action of the Village Board in granting or denying a conditional use permit application may be appealed to the Zoning Board of Appeals. In the alternative, any action of the Village Board in denying a conditional use permit application may be appealed directly to Circuit Court per § 62.23(7)(e)10, Wis. Stats. In the case of appeals to the Zoning Board of Appeals, a written request shall be made within 10 days after the date of the Village Board's action granting or denying the permit. Such request for appeal to the Zoning Board of Appeals shall be filed and reviewed pursuant to the procedures in §
§ 295-343 Fees.
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.
§ 295-344 Violations and penalties.
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.