Hobart City Zoning Code
ARTICLE XXXIII
Site Review/Development and Design Standards
§ 295-351 Introductory statement.
§ 295-352 Introduction. [1]
This article is designed to provide for the future growth and development of those multifamily residences, businesses, and industries that seek an aesthetically attractive working environment. The intent and purpose of this article is to promote and maintain desirable economic development within all zoning districts that is practical, feasible, and an asset to owners, neighbors, and the Village of Hobart while maintaining an attractive environment. The Centennial Centre at Hobart (PDD #1), PDD #2 and the PDD #3 have their own set of regulations and guidelines regarding site/review/development and design standards incorporated into their master plans.
§ 295-353 Objectives.
The purpose of this article is to establish rules, regulations, standards, and procedures for approval of all new development proposals and the expansion of existing businesses and industries in order to:
A.
Provide for safe and efficient vehicular, pedestrian, and bicyclist circulation.
[Amended 3-17-2020 by Ord. No. 2020-02]
B.
Provide for screening, landscaping, signage, lighting and green space.
C.
Ensure efficient, safe, and attractive land development.
D.
Provide for compliance with appropriate design standards to ensure adequate light and air, proper building arrangements, and minimal adverse effect on adjacent properties.
E.
Develop proper safeguards to minimize the impact on the environment.
F.
Ensure the provision of adequate water supply, drainage, and stormwater management, sanitary facilities, and other utilities and surveys.
G.
Encourage modern and unique innovative design, construction, technology and planning methods.
H.
Advance and promote sound growth and continuous development within the Village.
§ 295-354 Application to all districts.
This article applies to the following: all zoning districts within the Village of Hobart.
§ 295-355 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.
A.
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 article.
B.
Where permitted and prohibited uses, site and landscape regulations, building design criteria, off-street parking and loading requirements, and other regulations contained herein are either more or less restrictive than comparable conditions imposed by provisions contained in the Village of Hobart Zoning Ordinance or of any other law, ordinance, rule, resolution or regulations, the requirements that are more restrictive or which impose a higher standard shall govern.
§ 295-356 Administration.
The administration of this article shall be vested in the following: Village Administrator, Zoning Administrator/Building Inspector, and Site Review Committee.
A.
It shall be the duty of the Village Administrator to be in charge of the day-to-day administration and interpretation of the development and design standards. Enforcement of these standards is charged to the Hobart Zoning Administrator/Building Inspector in accordance with § 62.23(7), Wisconsin Statutes.
B.
The Site Review Committee shall consist of seven regular members, two of whom shall be Village Board members, and one alternate member. Village Board members shall serve as full voting members. All regular members shall be residents of the Village.
[Amended 1-6-2015 by Ord. No. 01-2015]
C.
From time to time the design criteria may be amended, changed or deleted. Such action shall take place originating before the Site Review Committee in accordance with § 62.23(7), Wisconsin Statutes.
D.
Appeals. Unless otherwise provided herein, appeals to the requirements contained in these standards shall be heard by the Board of Appeals.
§ 295-357 General building and performance standards.
A.
Purpose. The purpose of this section is to establish general development performance standards, in accordance with the Village of Hobart Zoning Ordinance. 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.
B.
Building. The Village of Hobart's overall approach 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. The Site Review Committee shall review building design in order to insure architectural compatibility and integrity.
C.
Building exterior. All zoning districts' colors, materials, finishes, and building form shall be coordinated in a consistent manner on the front, side, and rear exterior walls. Materials shall be one of the following (color and texture to be approved):
(1)
Hard-burned clay brick.
(2)
Concrete masonry. Units shall be those generally described by the National Concrete Masonry Association as "customized architectural concrete masonry units" or shall be broken-faced brick-type units with marble aggregate or split face or broke off concrete block. There shall be no exposed concrete block on the exterior of any building facing any public road. Any concrete masonry units that have a gray cement color shall be color-coated.
(a)
In all districts, metal siding may be used for entire side and rear building walls with approval by the Site Review Committee.
(3)
Concrete may be poured in place, tilt-up or precast. Poured-in-place and tilt-up walls shall have a finish of stone, a texture or a coating. Textured finishes shall be coated. Precast units which are not uniform in color shall be color-coated. Coating shall be an approved cementations or epoxy type with a ten-year minimum life expectancy.
(4)
Natural stone.
(5)
Glass curtain walls.
(6)
Metal siding may be used only in combination with one of the approved materials and with approval of the Site Review Committee. In all zoning districts, metal siding may be utilized only on the side and rear building walls that do not face an adjacent street. Twenty-five percent of any walls facing the street (excluding door, window or other openings) shall be constructed of the materials listed under Subsection C(1) through (5) above. Any metal siding proposed for use shall be entirely coated with a colorfast, abrasion- and corrosion-resistant, long-life (minimum of 20 years) finish that is resistant to chemicals, withstands temperature extremes, and has a low permeability. Any material utilized to attach the metal siding to the building shall be concealed or the utilization of shadow panels or semi-concealed fastener panels with fasteners painted to match the panels shall be required.
(7)
R-4 multifamily structures must have eight feet of masonry on all four sides.
[Amended 1-6-2015 by Ord. No. 01-2015]
(8)
The building exterior requirements of this section are intended to be minimum requirements and more stringent requirements may be imposed by the Site Review Committee, taking into consideration public interests such as coordinating a consistent appearance and quality of construction with adjacent structures, the size of the proposed structure, the topography of the site, and the proximity of the structure to public rights-of-way.
D.
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 of one of the materials listed under Subsection C(3), (4), (5), above, as follows:
[Amended 10-3-2017 by Ord. No. 2017-07]
(1)
Not less than 35% of the wall surface for industrial construction, 45% of the wall surface for commercial business construction and 50% of the exterior building wall for office and retail construction, except that buildings and structures may reduce this percentage by 5% for each additional street exposure above one street, and not to be reduced by more than a maximum of 15%.
(2)
The colors, materials, and finishes shall be coordinated in a consistent manner with other buildings within the district. The exterior building wall (front, side or rear) facing an adjacent street may be finished or accentuated with the following:
(3)
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 extent possible.
(4)
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.
(5)
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.
§ 295-358 Lighting standards in all districts requiring site plan review.
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; 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.
A.
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 and public streets. Glare, whether direct or reflected, as differentiated from general illuminated, 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 multi format. Characteristics, 27,000 lumen high-pressure sodium, 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 metal pole. The use of wooden poles is prohibited.
B.
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.
C.
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.
D.
The use of floodlights, building-mounted or otherwise, and tall "freeway-type" fixtures is prohibited.
E.
Flag directional lighting is permitted with approval of Site Review Committee.
§ 295-359 Site plan.
Procedure. 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.
A.
Preliminary consultation. Prior to the submittal of a site plan, it is recommended that the developer meet with the Zoning Administrator/Building Inspector, and/or other appropriate Village staff to discuss zoning district, 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.
B.
Plan submittal. Twelve copies of all site plans requiring approval of the Site Review Committee shall be submitted no later than 10 days prior to the third Tuesday of the month to the Village Clerk-Treasurer. 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:
(1)
Name of project/development;
(2)
Location of project/development by street address or CSM;
(3)
Name and mailing address of developer/owner;
(4)
Name and mailing address of engineer/architect;
(5)
North point indicator;
(6)
Scale;
(7)
Boundary lines of property, with dimensions;
(8)
Location identification and dimensions of existing and proposed:
(a)
Topographic contours at a minimum interval of two feet and key spot elevations;
(b)
Adjacent streets and street rights-of-way, respective elevation of building first floor;
(c)
On-site streets and street rights-of-way, and fire lanes;
(e)
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;
(f)
Parking facilities;
(g)
Water bodies and wetlands;
(h)
Surface water holding ponds, drainage ditches, and drainage patterns, location and size of culverts;
(i)
Sidewalks, walkways, and driveways;
(j)
Off-street loading areas and docks;
(k)
Fences and retaining walls;
(l)
All exterior signs;
(m)
Exterior refuse collection areas in R-4 and B-1 must be enclosed a minimum of three sides;
(n)
Exterior lighting;
(o)
Traffic flow on and off site.
(9)
Location of open space/green space;
(11)
Location and dimensions of proposed outdoor display areas;
(13)
Erosion control plans;
(14)
A staging plan of any project involving more than one phase of construction season which sets forth the chronological order of construction and relates to the proposed uses and structures of various service facilities and estimated completion dates.
(15)
Other information considered pertinent by Site Review Committee and/or the developers/owners.
C.
Review by Site Review Committee. Site plans shall be forwarded to the Village Clerk-Treasurer 10 days prior to the third Tuesday of the month. The Site Review Committee shall review and either approve, conditionally approve, or deny approval of the site plan based upon the appropriate zoning district requirements and the criteria set forth in Subsection B above.
D.
Appeals. Appeals of a Site Review Committee decision may be made to the Appeals Board.
§ 295-360 Landscaping.
A.
General statement. The Village of Hobart finds that is in the public interest for all developments to provide landscape improvements for the purposes of complementing the natural environment; improving the general appearance of the Village 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.
B.
Landscape plan. All applicants for building permits for all zoning districts 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. 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 or any kind, the regulations which are more restrictive or impose higher standards or requirements shall govern.
C.
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 staff to discuss zoning district, 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. Twelve copies of all landscape plans requiring approval by the Site Review Committee shall be submitted to the Village Clerk-Treasurer 10 days prior to the third Tuesday of the month. Landscaping plans may be submitted separately or 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:
(3)
Reviews. Review of landscape plans shall be conducted concurrently and follow the same procedure as site plan review.
(4)
Appeals. Appeals of Site Review Committee decisions may be made to the Appeals Board.
D.
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. Plantings must be 17 feet from the property line equally spaced; one tree every 50 feet of road frontage.
(a)
Deciduous trees. One per every 50 feet of road frontage is required, required size 1.5 inches diameter as measured six inches above ground. Choice of Maple or Ash.
(b)
Evergreen shrubs used for screening purposes, including those used in conjunction with berms, shall be a minimum of 24 inches in height.
(3)
Species.
(a)
All trees used in site development shall be indigenous to the appropriate hardiness zone and physical characteristics of the site.
(b)
All plant material shall 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)
Implementation/replacement.
(a)
All approved landscaping is to be installed in accordance with compliance timetable.
(b)
Any vegetation included on an approved landscape plan that dies shall be replaced by the owner/developer within one planting season. Vegetation replaced shall conform to the approved landscape plan and the requirements contained herein.
(5)
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.
(6)
Compliance timetable. All landscape plans shall include a timetable for construction, installation or planting within a period not to exceed two years 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.
E.
District requirements. Future development within the Village shall meet the following minimum requirements:
(4)
Buffers. That portion of any business, industrial, or multifamily district (other than duplex construction) that is abutting property zoned for single-family residential development shall have a landscaped area of at least six feet wide extending the full length of the business, industrial, or multifamily district and meeting the following minimum requirements:
(a)
One tree per 35 lineal feet, or fraction thereof, of lot line bordering single-family districts.
(b)
A shrub, border, hedge, wall, fence, 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.
§ 295-361 Regulation of signs.
A.
Purpose.
(1)
To regulate the size, type, construction standards, maintenance and placement of signs situated within the boundaries of the Village of Hobart, Wisconsin.
(2)
To promote the public health, safety, welfare and comfort of the general public by:
(a)
Reducing distractions and obstructions from signs that would adversely affect traffic safety, and alleviate hazards caused by signs projecting over or encroaching upon the public right-of-way.
(b)
Discouraging excessive visual competition in signage and ensuring that signs aid orientation and adequately identify uses and activities to the public, and
(c)
Preserving or enhancing the natural beauty and unique physical characteristics of the Village of Hobart as a community in which to live and work by requiring new and replacement signage which is:
[1]
Creative and distinctive;
[2]
Harmonious with the building, surrounding neighborhood aesthetics and other signs in the area;
[3]
Appropriate to the type of activity to which it pertains;
[4]
Expressive of the Village's identity in a manner which will not diminish property values; and
[5]
Complementary to the Village's suburban architectural character and unobtrusive commercial developments.
(d)
Promote a healthy and properly designed business environment.
(e)
Protect property values within the Village.
B. AREA(1) (2) (3) (4) BANNER BEACON BILLBOARD BULLETIN BOARD CANOPY SIGN CONSTRUCTION SIGN DIRECTIONAL SIGN DIRECTORY SIGN DISPLAY SURFACE DOUBLE-FACED SIGN ELECTRONIC MESSAGE CENTER EXTERNAL ILLUMINATION FACING FLASHING SIGN GROUND SIGN ILLUMINATED SIGN INTERNAL ILLUMINATION LETTERS AND DECORATIONS MARQUEE MARQUEE SIGN MOBILE MOUNTED SIGN MONUMENT SIGN NEON OR OTHER GAS TUBE ILLUMINATION NONCONFORMING SIGN OFF-PREMISES SIGNS ON-PREMISES SIGNS OUTDOOR ADVERTISING PEDESTAL SIGN PORTABLE SIGN PROJECTING SIGN REAL ESTATE SIGN ROOF SIGN SHOPPING CENTER SIGN TEMPORARY SIGN TRIM VIDEO DISPLAY WALL SIGN WARNING SIGN WINDOW SIGN
Definitions. When used in this article, the following words and phrases shall have the specific meaning as hereinafter defined, and any words not listed shall have the meanings provided in other respective state, county and Village ordinances.
[Amended 1-6-2015 by Ord. No. 01-2015; 7-17-2018 by Ord. No. 2018-07]
The area of a sign shall be calculated to encompass all elements of the actual sign face, including any writing, representation, emblem or any figure or similar character together with any material forming an integral part of the display or forming the backing surface or background on which the message or symbols are displayed.
For a wall sign painted on or applied to a building or to a freestanding wall, the area shall be calculated using the sum of the area of the smallest rectangles that will encompass each continuous element, to include all lettering, wording and accompanying designs or symbols, together with any background of a different color other than the natural color or finish material of the building or architectural wall.
The main supporting sign structure (i.e., brackets, posts, foundation, etc.) shall not be included in the area measurement if such framework is incidental to the display.
When a sign has two faces, the area of each face or side shall apply in determining the area.
Irregular-shaped signs, excluding wall signs, will be calculated using the area of the smallest rectangle that will encompass every element of the sign.
A sign intended to be hung either with or without a frame, and that possesses characters, letters, illustrations, or ornamentations applied to paper, plastic, or fabric of any kind.
A stationary or revolving light that flashes or projects illumination, single color or multicolored, in any manner that is intended to attract or divert attention.
A freestanding structure consisting of poster panels, painted bulletins or painted/plastic panels that advertise goods, products, services, etc., not necessarily sold on the premises on which the sign is located.
A sign located on the premises of a charitable, religious, or educational institution or a public body for purposes of announcing events that are held on the premises.
Any sign that is attached to or part of an awning, canopy or other fabric, plastic or structural protective cover over a door, entrance, window or outdoor service area.
A sign identifying individuals or companies involved in design, construction, wrecking, financing, or development of a building/lot and/or identifying the future use of the building/lot.
A sign for the purpose of directing patrons or attendants to an establishment off the main traveled highway, or to service clubs, churches, schools or other nonprofit organizations; also, signs solely indicating ingress and egress placed at driveway locations and containing no advertising material.
A sign that indicates the name of four or more occupants or tenants located on the premises.
The surface made available on the sign, either for the direct mounting of letters and decorations or for the mounting of facing material intended to carry the entire advertising message.
A sign with copy on two parallel faces that are back-to-back, facing in opposite directions.
A sign in which electronic means is used to change the letters, characters, message and graphics.
Illumination of a sign with an exterior light source.
The surface of the sign or billboard upon, against, or through which the message of the sign or billboard is displayed.
A sign whose illumination is not kept constant in intensity at all times when in use and/or which exhibits changes in light, color, direction, animation and word/text changes. Illuminated signs that indicate the date, time and temperature will not be considered flashing signs.
A sign that is freestanding, placed directly on or is supported by the ground, and is not physically attached to any structure.
A sign in which an artificial source of light is used in connection with the display of such sign.
Illumination of a sign in which the source of light is contained within the sign itself.
The letters, illustrations, symbols, figures, insignia, logo and other media employed to express and/or illustrate the sign message.
A permanent roof-like structure attached to and supported by the building and projecting over public property.
A sign attached to, painted on, or supported by a marquee.
A sign, excluding banners, mounted on a frame or chassis designed to be easily relocated, including, but not limited to, those mounted on wheels, mobile platforms, or trailers.
A sign that is continuous from the ground up to its maximum height and is not attached to any structure.
Illumination from a light source consisting of a neon or other gas tube that forms letters, symbols or other shapes.
A sign existing at the effective date of the adoption of this chapter that does not conform to the terms of this chapter.
Any sign that advertises, calls attention to or identifies an occupant, business or property situated on a different lot than the sign.
Any sign that advertises, calls attention to or identifies an occupant, business or property situated on the same lot as the sign.
Any outdoor structure or device that is used as an announcement, declaration, demonstration, display, illustration, indication, symbol, insignia, logo, emblem or advertisement.
A freestanding sign whose bottom edge is located above the natural grade and is supported by one or more uprights/poles and is not attached to any part of a structure.
A sign not permanently affixed to the ground, building, or other structure and that may be easily moved from place to place.
A cantilevered sign affixed to and protruding perpendicularly from the external wall of a building or structure.
A sign that is used to offer for sale, lease, or rent the premises upon which such sign is placed.
A sign or billboard that is located or projects above the lowest point of the eaves or the top of the parapet wall of any building, or that is painted on or fastened to a roof.
A planned/coordinated grouping of architecturally unified commercial establishments built on the same site and managed as one operating unit offering for sale goods such as food, drugs, hardware and personal services.
Any display of lettering, logos, colors, lights, or illuminated neon tubes visible to the public from outside of a building or from a traveled way that either conveys a message to the public or intends to advertise, direct, invite, announce or draw attention to goods, products, services, facilities, persons, property interest or business either on the lot or on any other premises.
A ground sign, banner, or mobile mounted sign erected for the purpose of designating a building, new tenant, development, subdivision promotion, announcement of a special event or similar informational purpose.
The moldings, battens, capping, nailing strips, lattice and platforms attached to any sign or billboard structure.
Any sign displaying a motion video.
A sign or billboard affixed or attached directly to the exterior wall of a building or structure.
A sign, containing no advertising material, warning the public of the existence of danger.
A sign attached to, placed upon, or painted on the interior of a window or door of a building that is intended for viewing from the exterior of such building.
C.
Authority and permits.
(1)
Authority. It shall be unlawful for any person to erect, alter, or relocate any sign or other advertising structure as defined in this chapter without first obtaining approval from the Site Review Committee. All illuminated signs shall, in addition, be subject to the provisions of the National Electrical Code (NEC).
(2)
Application for permit. Application shall be completed on a form provided by the Village of Hobart. This form will require the following information:
(a)
Name, address, and telephone number of the applicant. Location of building, structure, or lot to which or upon which the sign is to be attached or erected.
(b)
Name of person, firm, corporation, or association erecting the sign.
(c)
Written consent of the owner of the building, structure, or land to which or upon which the sign is to be affixed.
(d)
A scale drawing of such sign indicating the dimensions, materials to be used, color scheme, type of illumination, if any, and the method of construction and attachment.
(e)
A scale drawing indicating the location and position of such sign in relation to nearby buildings or structures.
(f)
For wall signs, a scale drawing indicating the size and position of such sign in relation to the wall upon which it will be placed.
(g)
Copies of any other permit required and issued for said sign.
(h)
Additional information as may be required by the Village.
(i)
Sign permit applications shall be filed with the Village of Hobart. The Zoning Administrator/Building Inspector shall review the application for its completeness, accuracy and obvious issues of noncompliance.
(3)
Issuance of permits.
(a)
All applications for signs will be reviewed for compliance with the Village of Hobart sign ordinance by the Site Review Committee.
(b)
Upon approval of the Site Review Committee, the Zoning Administrator/Building Inspector will issue permits.
(c)
If the proposed sign is not in compliance with the requirements of this chapter and all other regulations of the Village of Hobart, the Site Review Committee shall deny such permit and state the specific lack of compliance with the ordinance requirements in the denial.
(d)
If a proposed sign application is denied, the applicant may:
[1]
Resubmit a new application or appeal to the Board of Appeals.
(e)
If the approved sign is not constructed within 12 months from approval, the sign permit shall be declared null and void.
[Added 1-6-2015 by Ord. No. 01-2015]
(4)
Fees. Administrative fees for sign permits shall be in accordance with the Village of Hobart's established fee schedule.
(5)
Revocation of permits. The Zoning Administrator/Building Inspector is hereby authorized and empowered to revoke any permit issued for failure of the holder to comply with any provision of this chapter.
D.
Illumination standards.
(1)
In addition to complying with the provisions of this chapter, all signs in which electrical wiring and connections are to be used shall be subject to the applicable provisions of the NEC Electrical Code. No person may erect a sign with exposed electrical wires.
(2)
The use of unshielded lighting, including exposed incandescent light bulbs hung or strung on poles, wires or any other type of support intended to illuminate a sign or other advertising device, is expressly prohibited.
(3)
All sign lighting shall be so designed, located, shielded or hooded so as to prevent the casting of glare or direct light upon adjacent roadways, surrounding properties or into the sky.
(4)
In no case shall the lighting intensity of any sign, whether resulting from internal or external illumination, exceed 60 footcandles when measured with a standard light meter held perpendicular to the sign face at a distance of 10 inches.
(5)
Neon signs or other exterior neon displays may be permitted in cases where they are custom designed to be compatible with the building's architectural character and where their color has been selected to harmonize with the buildings' exterior colors. Such lighting shall be subject to review and approval of the Site Review Committee.
(6)
Electrical illumination of signs in residential districts shall be as regulated in the Wisconsin Industrial Commission Electrical Code.
(7)
All illumination of signs shall be provided utilizing electricity.
E.
Landscaping standards.
(1)
In the case of any pole or ground-mounted freestanding signs, a landscape area shall extend a minimum of five feet from the base of the sign.
(2)
Where any sign is proposed to be externally illuminated using ground-mounted fixtures (i.e., floodlight), landscape plantings shall be installed in such a manner as will entirely shield the light source from the surrounding view. Landscape plantings shall be of the type as will ensure effective year-long screening.
F.
Location standards.
(1)
In any zoning district, no sign or sign supporting structure shall be set back/offset less than 10 feet from any abutting lot line, right-of-way or driveway.
(2)
Placement of all signs shall be subject to the vision setback regulations as put forth in the Village of Hobart Zoning Code, county and state codes, where applicable.
(3)
No nonresidential sign shall be located closer than 50 feet to an abutting residential zone.
G.
Design, construction and erection standards.
(1)
Architectural design.
(a)
Ground, pedestal, and monument signs shall be architecturally integrated with the principal building in the following manner:
[1]
The base of the sign shall be constructed with the principal building's primary building material, to the greatest extent practical.
[2]
The color scheme of the sign shall follow the color scheme of the principal building, to the greatest extent practical.
[3]
Architectural features (e.g., sills, piers, reveals, capstones, medallions, etc.) which are part of the architectural style of the principal building shall be incorporated into the sign, to the greatest extent practical.
[4]
The Zoning Administrator/Building Inspector and/or Site Review Committee may approve, deny, or request changes to a proposed sign, based on the architectural design of that sign.
(b)
Wall signs.
[1]
Illuminated signs may be permitted, provided they are architecturally approved by the Site Review Committee as part of a total sign package.
[2]
Channeled letter sign colors are subject to Site Review Committee approval as part of a total sign package.
[3]
Business logos or symbols may be allowed but shall be included in the total sign calculation.
(c)
Sign content.
[1]
Signs shall serve a primary function of site identification. Signs shall not include superfluous text, symbol, and/or graphics that serve as advertisements. Features such as website addresses and phone numbers may be allowed.
[2]
Business logos may be allowed, and property addresses are required to be identified on the sign.
(2)
Structure design.
(a)
Wind pressure. All signs shall be constructed, erected and maintained to safely withstand wind pressure as specified by Wisconsin State Statute and applicable administrative code.
(b)
The design, construction and erection of all signs shall be by a competent professional in the sign design and construction industry.
(c)
Wall signs attached to exterior building walls shall be anchored or attached in such a manner as will ensure stability and safety.
H.
Permitted signs.
[Amended 1-6-2015 by Ord. No. 01-2015; 7-17-2018 by Ord. No. 2018-07]
(1)
Residential uses. For all residential uses, the following signs are hereby allowed, subject to issuance of a permit in accordance with this section. Name and address signs of buildings containing four or more residential units indicating only the name of the building, the name of the development in which it is located, the management thereof, and/or address of the premises shall be subject to the following:
(a)
Type. Building name and address signs may be either wall signs or ground signs.
(b)
Number. There shall not be more than one name and address sign for each building, except that where a building abuts two or more streets and has a separate address, one sign may be allowed for each abutting street frontage.
(c)
Area. Building name and address signs shall not exceed six square feet in area per sign or per side.
(d)
Location. Building name and address signs shall not be located closer than 10 feet to any property line, right-of-way, or driveway.
(e)
Height. Building name and address signs shall not exceed seven feet as measured from finished construction grade at the base of the sign.
(2)
Subdivision identification signs. A permanent sign used to designate a residential subdivision entrance may be permitted, subject to Site Review Committee approval and the following criteria:
(a)
Subdivision identification signs shall be ground signs.
(b)
Number. There shall not be more than two subdivision identification signs for each point of vehicular access to the subdivision.
(c)
Area. Subdivision identification signs shall not exceed 32 square feet in area per sign or per side.
(d)
Location. Subdivision identification signs shall not be located closer than 10 feet to any property line, right-of-way or driveway.
(e)
Height. Subdivision identification signs shall not exceed seven feet as measured from finished construction surrounding grade at the base of the sign.
(3)
Commercial, industrial, park, and institutional uses. For all commercial, industrial, park, and nonreligious institutional uses, only the following signs are hereby allowed, subject to issuance of a permit in accordance with Subsection C of this section.
[Amended 3-17-2020 by Ord. No. 2020-03]
(a)
Wall signs.
[1]
Number.
[a]
Single-tenant buildings. There shall be not more than one wall sign for each principal building within the B-1, C-1, I-1 and I-2 Zoning Districts. Buildings visible from more than one public roadway may be permitted to have a second wall sign on a second building wall elevation with specific approval from the Site Review Committee, taking into account the physical and spatial environment, traffic patterns, and overall integration into the neighborhood and surrounding development. Wall signs within the B-2 (office) District shall be prohibited.
[b]
Multitenant buildings shall have not more than one wall sign per tenant, and it shall be located at the primary entrance within the B-1, C-1, I-1 and I-2 Zoning Districts. Corner-of-building tenant spaces and buildings having access to more than one public roadway may be permitted to have a second wall sign on a second building wall elevation with specific approval from the Site Review Committee, taking into account the physical and spatial environment, traffic patterns, and overall integration into the neighborhood and surrounding development. Wall signs within the B-2 (office) District shall be prohibited.
[2]
Area.
[a]
Single tenant. Except in the case of multitenant buildings as regulated in this chapter, the gross surface area of a wall, including doors and windows, to which the sign is to be affixed for buildings containing more than 20,000 square feet shall not exceed 10% of the area of the tenant building wall or 300 square feet, whichever is less, and for buildings containing 20,000 square feet or less shall not exceed 20% of the area of the tenant building wall or 150 square feet, whichever is less. No sign design height shall exceed 1/2 the overall height of the building wall to which the sign is affixed. The Site Review Committee, with specific approval, may increase the maximum allowable square footage by not more than 50% for any permitted sign when taking into account the physical and spatial environment, traffic patterns, and overall integration into the neighborhood and surrounding development.
[b]
Multitenant common entrance. For common-entrance multitenant buildings, the gross surface area of a wall sign shall not exceed 10% of the area of the tenant building wall, including doors and windows, to which the sign is to be affixed or 60 square feet, whichever is smaller.
[c]
Multitenant dedicated access. For multitenant buildings with a dedicated exterior access, the gross surface area of a wall sign shall not exceed 10% of the area of the tenant building wall, including doors and windows, to which the sign is to be affixed or 60 square feet, whichever is smaller. Signs shall be affixed to the wall with the primary entrance.
[3]
Location. A wall sign may be located on the outermost wall of any principal building but shall not project more than 10 inches from the wall to which the sign is to be affixed unless NEC standards require a greater distance.
[4]
Height. A wall sign shall not project higher than the parapet line of the wall to which the sign is to be affixed. A wall sign shall not exceed 20 feet in height from the base of the building wall to which the sign is affixed.
(b)
Freestanding ground signs.
[1]
Number. There shall not be more than one freestanding ground sign for each principal building, except as follows:
[a]
Properties with street frontage on State Highway 29 shall be permitted one ground sign to be installed in the street yard fronting State Highway 29 in addition to a ground sign located in a street yard facing a Village street. In no case may more than one ground sign be placed in any street yard.
[b]
Corner properties with frontage on two public roadways may have no more than two such signs located so there is one sign per roadway when specifically approved by the Site Review Committee, taking into account the physical and spatial environment, traffic patterns, and overall integration into the neighborhood and surrounding development.
[2]
Area. The gross surface area of a ground sign shall not exceed 50 square feet of area per sign or per side, except as follows:
[a]
100 square feet of area per sign or per side for signs located in yards fronting roads with a posted speed limit of 45 miles per hour or more.
[3]
Location. A ground sign may not be located closer than 10 feet to any property line, right-of-way or driveway.
[4]
Height. A ground sign shall not project higher than 10 feet, as measured from finished construction surrounding grade at the base of the sign, except as follows:
[5]
Width. No ground sign shall exceed 20 feet in width.
(c)
Awning, canopy, and marquee signs.
[1]
Number. Except for the case of the multitenant buildings as regulated in this section, there shall not be more than one awning, canopy, or marquee sign exceeding an aggregate gross surface sign area of four square feet for each principal building. Awning, canopy, and marquee signs which are four square feet or less in aggregate gross surface area are exempt from the provisions of this chapter as specified in this section.
[2]
Area. The gross surface area of an awning, canopy or marquee sign shall not exceed 50% of the gross surface area of the face of the awning, canopy, or marquee to which such sign is to be affixed or 30 square feet in area, whichever is less.
[3]
Location. A sign may be affixed to or located upon any awning, canopy, or marquee.
[4]
Height. An awning, canopy, or marquee sign shall not project higher than the top of the awning, canopy, or marquee to which such sign is to be affixed.
(d)
Window signs.
[1]
Neon signs. Each business tenant shall be allowed to display on each public street it fronts one neon sign not exceeding five square feet in size or 50% of the window area, whichever is less. Neon signs shall emit a steady light and only be illuminated during business hours. Blinking, flashing, strobe or other light animation shall not be allowed.
[2]
Temporary signs. Temporary, nonilluminated window signs covering less than 25% of the individual window area shall be allowed.
(e)
Changeable letter and electronic message center signs.
[1]
Changeable letter or electronic message center signs shall be per ground sign, subject to the following limitations.
[3]
Electronic message centers shall meet the following:
[a]
Shall be part of a permanent ground sign.
[b]
Shall not exceed 32 square feet in area.
[c]
Shall be allowed in addition to the ground sign square footage.
[d]
Are permitted to contain individual letters and/or graphics (such as snowflakes falling, clouds moving, flags waving, etc.) only. Animation such as video is prohibited.
[e]
Any individual letter or graphic scrolling or otherwise displayed on an electronic message center shall remain illuminated and visible for a minimum of two seconds.
[f]
The message shall not flash. Any message that remains visible for less than two seconds shall be considered as flashing.
[g]
Regardless of the light source, undue brightness is prohibited, and compliance with § 295-361D is required. For the purpose of enforcing this provision, "undue brightness" will be construed to mean illumination of a white portion of the sign in excess of the following intensity levels: daylight hours: 10,000 nits; night hours: 750 nits. Additionally the following provisions shall be provided:
[i]
The light source shall be governed by a properly functioning ambient light measurement tool or device such as a photocell.
[ii]
The sign shall have an automatic phased proportional dimmer, which shall be used to reduce nighttime brightness levels (compared to daytime brightness levels).
[iii]
Prior to the issuance of a permit for an electronic message center sign, the applicant shall provide written certification from the sign manufacturer that the light intensity has been factory pre-set not to exceed the levels specified in this section, and the intensity level is protected from being manipulated or altered by other than the manufacturer through the use of password-protected software or other method as deemed appropriate by the Zoning Administrator.
[iv]
Prior to issuance of a permit for an electronic message center sign, the owner of the sign shall provide a signed authorization permitting the Village to contact the sign manufacturer and/or successors having authority to adjust the light intensity, at any time in the future, to verify the settings for the light intensity.
[h]
Electronic message centers may also be subject to additional state and federal regulations.
(f)
Tenant board signs. One multitenant board sign not exceeding 25 square feet in size and six square feet in height shall be allowed to be placed in front of each individual building in the B-2 (office) Zoning District.
(h)
Temporary sign. In addition to the permanent signs allowed under this section, temporary signs, as defined in this chapter, for the purpose of announcing or promoting a new building, development, occupant, or special events, shall be permitted for limited periods of time in any district subject to the following:
[1]
Number: A property/business owner is limited to two signs per lot using such signage.
[2]
Area: The gross surface area of a temporary sign shall not exceed 50 square feet of area. Requests for signage over 50 square feet, but no larger than 75 square feet, may be permitted by the Village's Director of Planning and Code Compliance, taking into account site and environmental factors. Any requests over 75 square feet may be reviewed and permitted by the Site Review Committee, taking into account safety, surrounding zoning and the impact on adjacent properties and attractiveness of the Village.
[3]
Location: A temporary sign shall not be located closer than 10 feet to any property line, right-of-way, or driveway.
[4]
Height: A temporary sign shall not project higher than 12 feet, as measured from existing grade, at the base of the sign.
[5]
Special conditions: Temporary signs shall be attached to ground posts or meet the definition of a "mobile mounted sign." The content of the sign message must directly relate to the on-premises organization or business use and operation. Temporary signs and banners shall not be displayed for more than 30 consecutive days and shall be limited to no more than 90 days per year. A separate permit shall be required for each display period.
[6]
Development "grand opening" signage package. New development or redevelopment shall be allowed to put forth a "grand opening" signage package which will allow for the placement of "opening/coming soon," "grand opening," "now hiring" and/or similar/like signage for a period not to exceed six months. Extensions over six months may be granted by the Site Review Committee upon receipt of adequate reasoning/rationale. All such "grand opening" signage shall be removed within one week of such development opening. The gross surface area of a temporary sign shall not exceed 50 square feet of area. Requests for signage over 50 square feet, but no larger than 75 square feet may be permitted by the Village's Director of Planning and Code Compliance, taking into account site and environmental factors. Any requests over 75 square feet may be reviewed and permitted by the Site Review Committee, taking into account safety, surrounding zoning and the impact on adjacent properties and attractiveness of the Village.
[7]
All temporary signs, other than those identified in § 295-361L, shall obtain a permit from the Village prior to display. In addition, all temporary signs require a deposit to ensure timely removal. If such signs are not removed within the allowed time frame, the deposit shall be forfeited. If signage is removed within the allowable time frame and confirmed by the Village Zoning Administrator, the deposit shall be refunded. Forfeiture of the sign deposit does not negate the ability of the Village to issue municipal citations for failure to comply with timely removal of a temporary sign or banner.
(4)
Religious uses. For all religious uses, only the following signs are hereby allowed and are subject to Site Review Committee approval:
(a)
Wall signs.
[1]
Number. There shall be not more than one wall sign for each principal building.
[2]
Area. The gross surface area of a wall sign shall not exceed 2.5% of the area of the building wall, including doors and windows, to which the sign is to be affixed or 60 square feet, whichever is smaller.
[3]
Location. A wall sign may be located on the outermost wall of any principal building but shall not project more than 10 inches from the wall to which the sign is to be affixed unless NEC standards require a greater distance.
[4]
Height. A wall sign shall not project higher than the parapet line of the wall to which the sign is to be affixed. A wall sign shall not exceed 20 feet in height from the base of the building wall to which the sign is affixed.
(b)
Freestanding ground signs.
[1]
Number. There shall not be more than one freestanding ground sign for each principal building.
[2]
Area. The gross surface area of a ground sign per side shall not exceed 50 square feet of area.
[3]
Location. A ground sign may not be located closer than 10 feet to any property line, right-of-way, or driveway.
[4]
Height. A ground sign shall not project higher than 10 feet, as measured from preconstruction grade at the base of the sign.
(c)
Temporary sign or banner.
[1]
Number. There shall not be more than one freestanding temporary ground sign for each site per street frontage.
[2]
Area. The gross surface area of a temporary sign or banner shall not exceed 50 square feet of area.
[3]
Location. A temporary sign or banner shall not be located closer than 10 feet to any property line, right-of-way, or driveway.
[4]
Height. A temporary sign or banner shall not project higher than seven feet, as measured from preconstruction grade at the base of the sign.
[5]
Special conditions. Temporary signs and banners shall be attached to ground posts. While the sign or banner face and message may change throughout the year, the content of the sign message must directly relate to the religious organization's use and operation. Auxiliary banners shall not be displayed for more than 14 consecutive days, and shall be limited to no more than six events per year (maximum total of 84 banner days per year).
I.
Prohibited signs. The following types of signs are prohibited in the Village of Hobart:
[Amended 7-17-2018 by Ord. No. 2018-07]
(1)
Roof signs.
(2)
Signs placed on or affixed to vehicles and/or trailers excepting properly permitted mobile mounted signs, which are parked on a public right-of-way, public property, or private property so as to be visible from a public right-of-way where the apparent purpose is to advertise a product or direct people to a business or activity. However, this is not in any way intended to prohibit signs placed on or affixed to vehicles and trailers, such as lettering on motor vehicles, where the sign is incidental to the primary use of the vehicle or trailer.
(3)
Signs which are attached or otherwise affixed to rocks, trees, or other living vegetation.
(4)
Signs which imitate, interfere with, obstruct the view of, or can be confused with any authorized traffic control sign, signal, or other device.
(5)
Flashing or rotating signs, signs containing moving parts, and signs containing reflective elements which sparkle or twinkle in the sunlight are not permitted.
(6)
Signs indicating the current time and/or temperature may be permitted, provided they meet all other provisions of this chapter and subject to approval of the Site Review Committee.
(7)
A-frame, sandwich board, sidewalk, or curb signs, except as a temporary sign, as may be provided for in the exemptions of this chapter.
(8)
Banners, pennants, streamers, balloons, and other gas-filled figures, except as a temporary sign, as may be provided for in exemptions of this chapter.
(9)
Billboards and off-premises signs, except Village-approved as temporary off-premises signs to identify businesses during road construction. Official Village bulletin boards are also allowed off-premises.
(10)
Any sign advertising or identifying a business or organization which is either defunct or no longer located on the premises is not permitted.
(11)
Any sign larger than 50 square feet in area except as may otherwise be permitted under the terms of this chapter and subject to review and approval by the Site Review Committee if the sign is proposed to be located within a Village-owned park or preserve.
(12)
Projecting signs.
(13)
Portable and wheeled signs.
(14)
Signs or other advertising painted directly on walls unless specifically approved by the Site Review Committee if the sign is proposed to be located within a Village-owned park or preserve.
(15)
Inflatable signs and tethered balloons.
(16)
Signs attached to, erected or maintained on any standpipe, exterior stairway, fire escape, tower, or balcony so as to interfere with the use thereof.
(17)
Signs erected at or near the intersection of any streets in such manner as to obstruct free and clear vision.
(18)
Signs at any location where, by reason of the position, shape or color, may interfere with, obstruct the view of, or be confused with any authorized traffic sign, signal or device.
(19)
Signs which make use of the words "STOP," "LOOK," "DANGER" or any other word, phrase, symbol, or character in such manner as to interfere with, mislead, or confuse traffic.
(20)
Signs erected, constructed or maintained so as to obstruct any exit or any window opening necessary for required light or ventilation.
(21)
Signs extending above the top or beyond the side of the exterior wall to which such sign is attached.
(22)
Signs with associated lighting fixtures which project more than 10 inches from the exterior wall to which they are attached.
(23)
Signs entirely supported by a parapet wall.
(24)
Signs, cards, banners, pictures, handbills, sign posters, advertising, or notice of any kind on public ground, public waterway or upon any structure projecting over any public thoroughfare, public ground or public waterway within the Village except by Site Review Committee authorization.
(25)
Except as may otherwise be permitted by this chapter, the placement, creation, or use of outdoor advertising devices such as banners, decorative displays or other advertising devices of cloth, paper, or other nonrigid materials.
J.
Existing signs.
(1)
Existing signs which become nonconforming upon adoption of this chapter shall not be reconstructed, remodeled, relocated or changed in size unless such action will make the sign conforming in all respects with this chapter. Nonstructural changes to an existing freestanding sign face as a result of tenant changes, business name changes, ownership change or other content-related changes shall require compliance with this chapter.
(2)
A nonconforming sign or sign structure which is destroyed or damaged may be restored only after the owner has shown that the damage did not exceed 50% of the appraised value of the sign. If such sign or sign structure is destroyed or damaged to an extent exceeding 50% of the appraised sign value, it shall be removed and shall not be reconstructed or replaced unless such action makes the sign and sign structure conforming, in all respects, to the Sign Code. If restoration of a damaged sign is not completed within six months of the date damage occurred, such sign shall be removed or replaced in a manner as will conform with all specifications of this chapter. Replacement signs may require Site Review Committee approval.
(3)
A nonconforming sign or sign structure shall be removed within 30 days of the date the building containing the use to which the sign is accessory is demolished or destroyed to an extent exceeding 50% of the building's appraised value.
(4)
At any such time as the owner of any building or lot on which a nonconforming sign(s) is located, requests Site Review Committee approval for any change to the use, building, or lot, the Site Review Committee may require that such nonconforming sign(s) be removed or made to conform with this chapter as a condition of building or site approval.
K.
Maintenance and removal of signs. The Village Board may cause any sign or other advertising structure which is, in the Board's opinion, an immediate peril to persons or property to be removed summarily and without notice.
(1)
Appearance requirements:
(a)
The owner of any sign as defined and regulated by this chapter shall be required to properly maintain the appearance of all parts and supports of their sign as directed by the Village.
(b)
In the event that the sign owner does not provide proper sign maintenance within 30 days after written notification from the Village, the sign shall be removed as provided in this chapter.
(2)
Removal of certain signs and billboards.
(a)
Any sign or billboard, now or hereafter existing, which no longer advertises a bona fide business or product, or which is dilapidated, out of repair, unsafe, insecure, or has been constructed, erected or maintained in violation of the provisions of this chapter, shall be taken down and removed by the owner, agent, or person having the beneficial use of the building or land upon which such sign may be found. If within 30 days after written notification from the Village the sign owner fails to comply with such notice, the Village may remove such sign. Any expense incident thereto shall be paid by the owner of the building or land to which such sign is attached. In the event such cost and expenses are not paid within 30 days from the date of billing, then the costs and expenses incurred for such removal shall be assessed against the real estate upon which such sign is located and collected as other taxes are collected on said real estate.
(b)
Any sign which is constructed without proper approval and permit shall be removed or must be issued a proper permit within five days' notice to the owner by the Village. In the event that the owner of such sign is not issued a proper permit or fails to remove said sign, the Village may remove such sign. Any expense incident thereto shall be paid by the owner of the building or land to which such sign is attached. In the event such cost and expenses are not paid within 30 days from the date of billing, then the costs and expenses incurred for such removal shall be assessed against the real estate upon which such sign is located and collected as other taxes are collected on said real estate.
(c)
In the event that the owner of an illegal sign cannot be ascertained by the Village, then notice as indicated in this chapter shall be given to the owner of the real estate upon which the sign is located. In the event that the owner of the real estate is not issued a proper permit or does not remove the sign within 30 days, then such sign may be removed by the Village of Hobart. Any expense incident thereto shall be paid by the owner of the building or land to which such sign is attached. In the event such cost and expenses are not paid within 30 days from the date of billing, then the costs and expenses incurred for such removal shall be assessed against the real estate upon which such sign is located and collected as other taxes are collected on said real estate.
(d)
If a permit is denied, the Village shall issue a five-day removal notice. If the sign is not removed within the five-day period, the sign may be removed by the Village of Hobart. Any expense incident thereto shall be paid by the owner of the building or land to which such sign is attached. In the event such cost and expenses are not paid within 30 days from the date of billing, then the costs and expenses incurred for such removal shall be assessed against the real estate upon which such sign is located and collected as other taxes are collected on said real estate.
(e)
The cost of removing any signs located in the road right-of-way at the time the road is widened, and such signs must be relocated or removed, shall be paid by the sign owner.
L.
Sign exemptions.
(1)
The following outdoor signs, advertising structures or devices shall be exempted from this section:
(a)
One wall sign not to exceed three square feet in size maintained by the owner or occupant of any residential building for the purpose of displaying the name of the owner or occupant. Home occupation signs shall not be permitted.
(b)
Bulletin boards not over 15 square feet in size for public, charitable or religious institutions when the same are located on the premises of said institutions. Such signs shall be subject to the location, lighting and landscaping standards as set forth in this chapter and shall not exceed seven feet in height.
(c)
Memorial signs or tablets, names of buildings and date of erection when cut into any masonry surface or when constructed of bronze or other incombustible materials grave markers, statutory, or other remembrances of persons or events that are noncommercial in nature.
(d)
Traffic signs, legal notices, railroad crossing signs, danger and such temporary emergency or nonadvertising signs as may be erected for the public safety.
(e)
One sign, not to exceed 15 square feet in area, identifying farm operations on all agricultural parcels of land.
(f)
Flag poles 25 feet or less.
(g)
Special decorative displays or signs in public right-of-way when authorized by the Village Board.
(h)
Up to four Village authorized and constructed directional signs for any single business or organization, provided such signs do not exceed three square feet in area or four feet in height. Village-supplied off-premises direction signs shall be located in accordance with Site Review Committee approval.
(i)
Signs which are located within the interior of any building and which are not visible from the exterior of the building.
(j)
Yard sale signs, provided that no person shall attach posters, notices or advertisements to utility poles, meter posts, or trees in or along any street right-of-way within the Village; and, that no person shall put up any notice upon any building, wall, fence, or other property of another person without having first obtained the consent of the owner of such property. The maximum time limit for all yard sale or estate sale signs is three consecutive days and nine cumulative days in a one-year period. Such signs shall not exceed six square feet in area.
(k)
Nonilluminated window signs, including but not necessarily limited to paper signs, box signs, and painted window signs, covering less than 25% or 10 square feet, whichever is less, of the individual window area.
(2)
The following temporary signs shall also be exempted from this chapter, subject to the following conditions:
(a)
Temporary real estate signs.
[1]
Number. There shall not be more than one temporary real estate sign for each lot, except that where a lot abuts two or more streets, one "For Sale" sign may be allowed for each abutting street frontage.
[2]
Area.
[a]
Single-family and duplex residential areas. In all residential zoned areas, temporary "For Sale" or "For Rent" real estate signs shall not exceed six square feet in gross surface area.
[b]
Business and multifamily residential areas. In business and multifamily residential zoned areas, temporary "For Sale" real estate signs shall not exceed 32 square feet in gross surface area and temporary "For Lease" or "For Rent" real estate signs shall not exceed 12 square feet in gross surface area.
[c]
Exception. Where vacant land in business and multifamily zoned areas is "For Lease" or "For Rent," a freestanding real estate sign, not exceeding 32 square feet in gross surface area, may be allowed in accordance with the setback standards established in this chapter.
[3]
Location. Temporary "For Sale" real estate signs shall be located only upon the premises for sale and shall not be in the right-of-way. Temporary "For Lease" or "For Rent" real estate signs shall be attractively designed and located on the existing business's freestanding sign.
[4]
Exceptions.
[a]
Property for sale or lease that does not have roadway frontage may locate a real estate sign on a nearby property that does have roadway frontage, in accordance with location requirements stated in this chapter, shall only be permitted with the permission of the property owner in which the sign is being placed.
[b]
The Site Review Committee may waive and/or modify location requirements if such requirements would result in a visual hindrance due to existing vegetation.
[c]
If a business site does not have a freestanding sign to attach a "For Lease" sign, the lease sign may alternatively be placed on the building facade.
[d]
In any case where the setback of the "For Sale" sign results in the sign being located within the road right-of-way, the Village shall not be held liable or any sign damage or maintenance.
[e]
A-1 Agricultural Districts and B-1 Community Business Districts. A temporary "For Sale" (lease, develop or build to suit) real estate sign, also constituting a ground sign, on real estate adjacent to a four-lane state or federal highway is permitted in A-1 Agricultural Districts and B-1 Community Business Districts, provided the Site Review Committee approves the sign and the following restrictions are met:
[i]
The "For Sale" real estate sign/ground sign complies with all rules of the Department of Transportation;
[ii]
The "For Sale" real estate sign/ground sign is used for the real estate upon which it is placed;
[iii]
The "For Sale" real estate sign/ground sign is not located closer than 10 feet from the property line;
[iv]
The real estate that is the subject of the "For Sale" real estate sign/ground sign is initially a minimum of 250 acres at the time the permit is granted;
[v]
The "For Sale" real estate sign/ground sign's display surface is not greater than 200 square feet;
[vi]
The "For Sale" real estate sign/ground sign is not more than 16 feet in height and 30 feet in length; and
[vii]
The "For Sale" real estate sign/ground sign is removed within a period of one year from the issuance of the permit, unless the Site Review Committee approves additional six-month periods and the Zoning Administrator/Building Inspector issues corresponding renewal permits.
[6]
Special conditions. Temporary real estate signs shall be removed within seven days of the sale or lease of the premises upon which the sign is located.
(b)
Temporary construction signs.
[Amended 3-17-2020 by Ord. No. 2020-03]
[1]
Number. A property/business owner is limited to two signs per lot using such signage.
[2]
Location. Temporary construction signs shall be located only upon the premises upon which construction either is about to occur or is occurring. Such signs shall be set back/offset a minimum of 10 feet from any abutting property line or road right-of-way.
[3]
Height. Temporary construction signs shall not project higher than 12 feet, as measured from preconstruction grade at the base of the sign.
[4]
Area. The gross surface area of a temporary sign shall not exceed 50 square feet of area. Requests for signage over 50 square feet, but no larger than 75 square feet, may be permitted by the Director of Planning and Code Compliance, taking into account site and environmental factors. Any requests over 75 square feet may be reviewed and permitted by the Site Review Committee, taking into account safety, surrounding zoning and the impact on adjacent properties and attractiveness of the Village.
[5]
Time period. Temporary construction signs may be erected and maintained for a period not to exceed 30 days prior to the commencement of construction and shall be removed within 30 days of issuance of an occupancy permit.
(c)
Temporary political campaign signs. The Village Board of the Village of Hobart declares the following legislative intent regarding the subject of political campaign signs:
[1]
Individuals who are political candidates are possessed with important rights which include the right to vote, to run for public office, to travel, and to address their appeals to the voters.
[2]
The public is possessed with the important right of safe and unobstructed travel over the public rights-of-way.
[3]
It is necessary as a matter of public policy that the buildings and grounds of public agencies maintain a strict appearance of neutrality during political campaigns.
[4]
The substantial possibility exists of a proliferation of political campaign signs in the Village over extended periods of time with the attendant traffic safety, litter, structural hazards, and loss of meaning of the message conveyed by said signs in the absence of any regulation of such signs.
[5]
A compelling need therefore exists for a reasonable system of regulation of political campaign signs in order to protect the rights and advance the concerns stated in this section.
[Amended 4-19-2011]
[a]
Size. The gross surface area of a political campaign sign shall not exceed 24 square feet or five feet in height, where it is proposed or actual placement will adversely impact pedestrian or traffic safety.
[b]
Prohibited on public property. Political campaign signs shall not be posted on any building, structure, public right-of-way or grounds that are owned, operated or maintained by any public agency.
[c]
Special conditions. The Village shall be authorized to remove any political campaign signs that are found to be in violation of the provisions of this chapter.
[d]
Time limit. Such signs shall not be posted prior to the election campaign period as defined in § 12.04(1)(a), Wis. Stats., in connection with which the sign is being posted, and shall be removed within 10 days after the election in connection with which the sign was posted.
M.
Penalty, enforcement by injunction, declared nuisances.
(1)
Penalty. Any person, firm, company, or corporation who violates, disobeys, omits, neglects, or refuses to comply with or who resists the enforcement of any of the provisions of this chapter shall be subject to the penalties provided in § 1-3. Each day that a violation exists shall constitute a separate violation and be punishable as such.
[Amended 1-6-2015 by Ord. No. 01-2015]
(2)
Declared nuisances. Any sign or similar advertising structure erected, structurally altered, painted, moved, or maintained in violation of the provisions of this chapter is hereby declared to be a nuisance per se, and the Village may apply to any court of competent jurisdiction to restrain or abate such.[1]
[1]
Editor's Note: Original Subsection N, Appeals, which immediately followed this subsection, was repealed 1-6-2015 by Ord. No. 01-2015.
§ 295-362 Off-street parking requirements in B-1, B-2, I-1, I-2 and R-4, R-5 and R-6 Districts.
[Amended 12-18-2018 by Ord. No. 2018-18]
A.
Location. All parking spaces required to serve employees and visitors of buildings erected or established after the effective date of this chapter shall be located on the same zoning lot as the building or use served. Off-street parking areas may be located in the front of the buildings in any district, with a minimum of 25 feet of green space/open space from the property line. However, uninterrupted walkways shall be provided between the buildings and adjacent sidewalks or trails to allow pedestrians to safely access the buildings without crossing the parking areas.
[Amended 3-17-2020 by Ord. No. 2020-02]
B.
Floor area. The term "floor area" for the purpose of calculating the number of off-street parking spaces required shall be determined on the basis of the exterior floor area dimensions of the building, structure or use times the number of floors, minus 10%, except as may hereinafter be provided or modified.
C.
Nonconforming structures. Should a nonconforming structure or use be damaged or destroyed (defined as 50% or more of the structure being damaged) by accidental destruction, Acts of God, or otherwise, it may be reestablished if elsewhere permitted in these regulations, except that in doing so, any off-street parking or loading space which existed before shall be retained and expanded as necessary to comply with the standards herein.
D.
Change of use or occupancy of buildings. Any change of use or occupancy of any building or buildings, including additions thereto, requiring more parking shall not be permitted until there is furnished such additional parking spaces as required by these regulations.
E.
Parking dimensions. Parking stall shall be a minimum of 180 square feet and not less than nine feet in width.
F.
Within structures. The off-street parking requirements may be furnished by providing spaces so designed within the principal building or structure attached thereto; however, unless provisions are made, no building permit shall be used to convert said parking structure into another activity until other adequate provisions are made to comply with the required off-street parking provisions of this chapter.
G.
Circulation between bays. Parking areas shall be designed so that circulation between parking bays or aisles occurs within the designated parking lot and does not depend upon a public street. Parking area design which requires backing into the public street is prohibited.
H.
Driveway requirements. Notwithstanding other provisions of this chapter concerning appeals and review of plans submitted hereunder, permits for and review of driveway approaches shall be as provided below:
(1)
All off-street parking spaces shall have access from driveways and not directly from the public street.
(2)
Driveway access curb openings on a public street shall not be located less than 12 feet from each other.
(3)
No singular curb cut shall exceed 40 feet in width unless approved by the Site Review Committee.
(4)
Joint driveways are encouraged and require appropriate Village staff approval, maximum 50 feet width, unless approved by the Site Review Committee.
(5)
The number, location(s), and width(s) of curb cuts shall be as determined by the Zoning Administrator/Building Inspector upon consultation with the Site Review Committee, taking into consideration traffic flow, safety concerns, and the needs of the business.
I.
Drainage. All parking areas shall have adequate drainage.
J.
Surfacing.
(1)
R-5 and R-6 Multifamily, B-1 Community Business District and B-2 Limited Community Business District. All areas intended to be utilized for parking space and driveways shall be surfaced with bituminous asphalt or concrete, and are to be installed within one year of completion of construction. Plans for surfacing and drainage of driveways and stalls for five or more vehicles shall be submitted.
(2)
I-1 and I-2 Industrial Districts. All areas intended to be utilized for parking space and driveways up to 20 feet beyond the rear of the buildings are to be surfaced with bituminous asphalt or concrete. Non-hard-surfaced areas are to be approved by the Site Review Committee.
K.
Striping. All parking stalls shall be marked with painted lines not less than four inches wide.
L.
Lighting. Any lighting used to illuminate an off-street parking area shall be so arranged as to reflect the light away from adjoining property, abutting residential uses, and public rights-of-way.
M.
Signs. No sign shall be so located as to restrict the sight lines and orderly operation and traffic movement within any parking lot.
N.
Curbing. All off-street parking shall have a perimeter concrete curb and gutter around the entire parking lot unless the site plan shows that runoff from the parking lots will not cause erosion or adversely affect adjacent properties.
O.
Parking lot landscaping. To avoid the undesirable monotony, heat and wind associated with large parking lots, such lots shall have a minimum of one internal landscaped island-delineator in addition to any required traffic safety island for each 21,780 square feet (1/2 acre) or fraction thereof of off-street parking space; such islands shall be a minimum of 360 square feet (two parking spaces) and shall be bounded by concrete curbing. Trees may be installed in approved traffic safety islands used to delineate parking spaces from driving aisles and in other areas. The internal landscaped island(s) required above may be deleted if the aggregate area and trees of individual traffic islands meets or exceeds the above requirement.
P.
Parking lot screening. The parking or storage of operable motor vehicles, if not within an enclosed building structure, shall be effectively screened as defined.
Q.
Planting standards. All plant material shall conform to the specifications and procedures stated in § 295-360, Landscaping, of this article. Landscaping, except required grass or ground cover, shall not be located closer than six feet from the edge of any driveway pavement or within the established right-of-way.
R.
Maintenance. It shall be the joint and several responsibility of the lessee and owner of the principal use, uses or building to maintain in a neat and adequate manner the parking space, access ways, striping, landscaping, screening, and required fences.
S.
Use of required area. Required accessory off-street parking spaces in any district shall not be utilized for open storage, sale or rental of goods, or storage of inoperable vehicles without approval of the Planning and Zoning Commission.
T.
Number of spaces required to be compatible with Article XXVIII, off-street parking requirements, of this chapter. The following minimum number of off-street parking spaces shall be provided and maintained by ownership, easement, and/or lease for and during the life of the respective uses hereinafter set forth unless the developer/owner provides the Site Review Committee with justification for a lesser amount.
(1)
Manufacturing, fabricating, or processing of a product or material. One space per two employees (while considering shift changes), plus one space for each company-owned truck (if not stored inside principal building), plus visitor parking.
(2)
Distribution centers, storage of handling of bulk goods. One space per two employees on maximum shift and one space for each company-owned truck (if not stored inside principal building), plus visitor parking.
(3)
Research or testing facilities. One space per two employees on the major shift, plus one space for each company owned truck, plus visitor parking.
(4)
Office, four spaces per 1,000 gross square feet of floor area.
(5)
Hotels/motels, if allowed. One space for each rental unit and one space for every four employees on maximum shift, plus additional spaces as follows for affiliated uses: Restaurants, taverns, supper clubs, cocktail lounges, night clubs, and banquet rooms: one space for each 50 square feet of gross customer service area, plus one space for each 250 square feet of other floor area.
§ 295-363 Off-street loading requirements in B-1, B-2, I-1 and I-2 Districts.
A.
Minimum facilities. All warehousing, manufacturing plants, or any other building where large amounts of goods are received or shipped shall provide adequate loading and unloading berths as determined by the Site Review Committee.
B.
Location.
(1)
All required loading berths shall be off-street and located on the same lot as the building or use to be served.
(2)
Loading berths shall not occupy the front yard.
(3)
Loading berths located at the side of buildings on a corner lot shall observe the following requirements:
(4)
Each loading berth shall be located with appropriate means of vehicular access to a street in a manner which will cause the least interference with traffic.
C.
Size. A required off-street loading berth shall be at least 55 feet in length, exclusive of aisle and maneuvering space, and shall have a vertical clearance of at least 15 feet.
D.
Surfacing. All areas intended to be utilized for off-street loading shall be surfaced with bituminous asphalt or concrete. Any non-hard-surfaced areas are to be reviewed and approved by the Site Review Committee.
E.
Utilization. Space allocated to any off-street loading shall not, while so allocated, be used to satisfy the space requirements for any off-street parking facilities.
F.
Change of use. Where a change of use in off-street loading facilities is made necessary due to damage, destruction, increased use, or any other change of use, such change shall be approved by the Site Review Committee.
§ 295-364 Outdoor storage.
[Amended 1-6-2015 by Ord. No. 01-2015]
Outdoor storage of any material other than motor vehicles in operable condition is prohibited. Storage of materials, equipment, parts, inventory, etc., shall take place in enclosed structures that meet the general building and performance requirements contained herein (see § 295-357). Upon approval by the Site Review Committee, a ninety-percent impervious fence may be used. Outdoor storage of motor vehicles in operable condition is allowed, provided such outdoor parking (storage) areas are screened.