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VILLAGE OF HOBART - NOTICE OF PUBLIC HEARING AUGUST 4TH 2026 (6:00 PM) 2990 South Pine Tree Road, Hobart WI 54155 The Hobart Village Board will hold the following Public Hearing on Tuesday August 4th 2026 at 6:00 p.m. at the Village Office (2990 South Pine Tree Road, Hobart WI 54155) for the purpose of gathering input on the following:  Ordinance 2026-09 (AN ORDINA NCE AMENDING SECTION 8 (DEFINITIONS) OF ARTICLE III (TERMINOLOGY) OF CHAPTER 295 (ZONING)) - The purpose of this Ordinance is to modify the definitions for both in-home and commercial child care facilities so as to be in compliance with state regulations. The only notable change that would affect the Village would be the increase in the number of children permitted in a home based child care establishments.  Ordinance 2026-10 (AN ORDINANCE AMENDING SECTION 356 (ADMINISTRATION) OF ARTICLE XXXIII (SITE REVIEW/DEVELOPMENT AND DESIGN STANDARDS) OF CHAPTER 295 (ZONING)) - The purpose of this Ordinance is to allow the Si te Review Committee to grant exceptions to the standards set in the Design Standards where developments have unique conditions that may conflict with the standards for site review. The materials for the hearing will be available on the Village website at www.hobartwi.gov/village-board and at the Village office for public inspection starting July 24 th 2026 during regular office hours. Office hours are Monday through Thursday from 7:30 a.m. to 4:00 p.m. and Friday from 7:30 a.m. to 11:00 a.m. The Village Board will take comments from the public and act on t he proposed item at the board meeting immediately following the public hearing. Lisa Vanden Heuvel, Hobart Village Clerk Published July 24th 2026 1 TO: Planning & Zoning Commission RE: Discussion and action on request to modify / amend Section 295-8: Definitions of Chapter 295 of the Zoning Code pertaining to Child Care Facilities FROM: Todd Gerbers, Director of Planning and Code Compliance DATE: July 6, 2026 GENERAL INFORMATION The State of Wisconsin is amending portions of Wisconsin Administrative Code 250 pertaining to the regulations of family and group child care centers. To stay compliant with the State Administrative Code, the Village of Hobart needs to amend the definitions in the Village Zoning Code Section 295-8 for child care establishments. BACKGROUND With the recent approval of multiple amendments to Wisconsin Administrative Code 250 regulating child care establishments, Village Staff is proposing to modify the definitions for both in-home and commercial child care facilities so as to be in compliance with state regulations. The only notable change that would affect the Village would be the increase in the number of children permitted in a home based child care establishments from a maximum of 8 to 12 children. The attached exert from Wis. Admin. Code 250 contains multiple areas that are highlighted, but those are changes between the new code and the old code. The section highlighted in green is the portion that we would need to modify our ordinance to be in compliance with the state. The other changes to the definitions in the Village Zoning Code are just a clean up of words to better suit today’s uses. Since this is an amendment to Chapter 295, Village Zoning Code, any amendment / modification would require a public hearing and review by both the Planning & Zoning Commission and the Village Board. RECOMMENDATION/CONDITIONS Approve the proposed modifications to Section 295-8 of the Village Zoning Code and forward to the Village Board for review. ISSUE: Discussion and action on request to modify / amend Section 295-8: Definitions of Chapter 295 of the Zoning Code pertaining to Child Care Facilities RECOMMENDATION: Staff recommends the approval of the proposed modifications 295-8 Definitions - Existing DAY-CARE CENTER, GROUP A licensed establishment for the care and supervision of nine or more children under seven years old for more than four and less than 24 hours a day for more than 10 days a month. DAY-CARE HOME, FAMILY A licensed establishment for the care and supervision of one to eight children under seven years old for more than four and less than 24 hours a day for more than 10 days a month. Proposed CHILD CARE CENTER, GROUP A facility that is licensed by the State of Wisconsin that provides care and supervision of nine or more children under the age of 18 for less than 24 hours a day. CHILD CARE CENTER, HOME A dwelling that is licensed by the State of Wisconsin where a person resides in the residence and provides for the care and supervision of one to twelve children, who are not related to the provider, for less than 24 hours a day. ORDINANCE 2026-09 (ZONING CODE DEFINITIONS) - Page 1 of 14 ORDINANCE 2026-09 AN ORDINANCE AMENDING SECTION 8 (DEFINITIONS) OF ARTICLE III (TERMINOLOGY) OF CHAPTER 295 (ZONING) Purpose: The purpose of this Ordinance is to modify the definitions for both in-home and commercial child care facilities so as to be in compliance with state regulations. The only notable change that would affect the Village would be the increase in the number of children permitted in a home based child care establishments. The Village Board of the Village of Hobart, Brown County, Wisconsin, does ordain as follows: Section 1: Section 8 (Definitions) of Article III (Terminology) of Chapter 295 (Zoning) is hereby recreated and amended to read as follows: § 295-8. Definitions. Certain words and terms in this chapter are to be interpreted as defined herein. Certain words and terms in this chapter are to be interpreted as defined herein. ACCESSORY BUILDING An uninhabited, subordinate structure exceeding 150 square feet in area, attached or detached to the principal structure, the use of which is incidental to and customary in conjunction with the principal use of the structure (e.g., garages, carports, and other similar buildings used for the storage of common household supplies, equipment and vehicles). ACCESSORY USE A subordinate use which is incidental to and customary in conjunction with the principal structure or use and which is located on the same lot with such principal structure or use. ADVERTISING DEVICE Any advertising sign, billboard, statuary, or pos ter panel which directs attention to a business, commodity, service, or entertainment not exclusively related to the premises where such sign is located or to which it is affixed; but does not include those advertising signs, billboards, or poster panels which direct attention to the business on the premises or to a brand name of a product or commodity with which the business is specifically identified and which is sold on the premises. AGRICULTURE The science and practice of the cultivation of the soil. AIRPORT Any area of land or water which is used or intended for use for the landing and taking off of aircraft, and any appurtenant areas which are used or intended for use for airport buildings or other airport ORDINANCE 2026-09 (ZONING CODE DEFINITIONS) - Page 2 of 14 facilities or rights-of-way, including all necessary taxiways, aircraft storage and tie-down areas, hangars, and other necessary buildings and open spaces. ALLEY A public or private right-of-way primarily designed to serve as secondary access to abutting properties. ARTIFICIAL LAKE A man-made body of water utilized for recreational or conservational purposes. ATTIC The vertical cross-sectional space created within and/or bounded by the roof structure and the floor/ceiling line of the story below. This cross-sect ional space will have no exterior wall planes extending above the attic floor to the underside of the roof structure except as necessary to enclose the ends of a gable or gambrel roof. AUTO WRECKING YARD Any premises on which more than one automotive vehicle, not in running or operating condition, is stored in the open. AUTOMOBILE A road vehicle powered by an internal combustion or electric motor with a maximum gross vehicle weight of 10,000 pounds intended primarily for t he transporting of a person or persons (examples include but not limited to cars, passenger vans, pickup trucks, mopeds, motorcycles etc.); excluding all-terrain vehicles. AUTOMOBILE SALES Premises on which new or used passenger automobiles or light trucks in operating condition are displayed for sale. BASEMENT That portion of any structure located below the first floor or ground floor with its entire floor below grade. BLOCK A tract of land bounded by streets, or by a combination of streets and public parks, cemeteries, railroad right-of-way, shorelines of waterways or municipal boundary lines. BOARDINGHOUSE (LODGING HOUSE) A building or premises, other than a hotel, containing lodging rooms accommodating for compensation, four or more persons not of the keeper's family. Lodging may be provided with or without meals. BUILDING Any structure built, used, designed, or intended for the support, shelter, protection, or enclosure of persons, animals, chattels, or property of any kind, and which is permanently affixed to the land. When a building is divided into separate parts by unpierced fire or party walls extending continuously from the ground through all stories to and above the roof, each part shall be deemed a separate building. BUILDING HEIGHT The vertical distance measured from the average elevation of the finished lot grade at the front of the building to the highest point of a ceiling in the case of a flat roof, to the deck line of a mansard roof and to the average height between the eaves and the ridge of a gable, hip, or gambrel roof. ORDINANCE 2026-09 (ZONING CODE DEFINITIONS) - Page 3 of 14 BUILDING SETBACK LINE A line located a stated distance from and parallel with a lot line or street right-of-way, including the nearest point to which a lot line or center line of a building may be erected. BUILDING, ATTACHED One which is joined to another dwelling at one or more sides by a party wall or walls. BUILDING, DETACHED One which is entirely surrounded by open space on the same lot. BUILDING, TEMPORARY Any building not designed to be permanently located in the place where it is, or where it is intended to be placed or affixed. Manufactured homes used as residences shall not be classified as temporary buildings. They are further defined in the definition of "manufactured home." CAMPGROUND A tract or parcel of land on which space is provided for camping. Includes day and overnight camping. CANOPY (MARQUEE) A roof-like structure projecting from a wall and supported in whole or in part by vertical supports from the ground and erected primarily to provide shelter from the weather. CAPACITY IN PERSONS OF AN ESTABLISHMENT OR USE The maximum number of persons that can avail themselves of the services (or goods) of such establishment at any one time, with reasonable safety and comfort, as determined by Chapter 121, Building Construction, or as may be determined by the Zoning Administrator/Building Inspector. CHILD CARE CENTER, GROUP A facility that is licensed by the State of Wisconsin that provides care and supervision of nine or more children under the age of 18 for less than 24 hours a day. CHILD CARE CENTER, HOME A dwelling that is licensed by the State of Wi sconsin where a person resides in the residence and provides for the care and supervision of one to twelve children, who are not related to the provider, for less than 24 hours a day. CLINIC, MEDICAL OR DENTAL An organization of specializing physicians or dentists, or both, who have their offices in a common building. A clinic shall not include in-patient care. CLUB An association of persons for some common purpose, but not including groups organized primarily to render a service which is customarily carried on as a business. All organizations shall be recognized clubs or fraternities. COMMERCIAL FEEDLOTS An agriculture enterprise where livestock is purchased and raised and then sold to a buyer, feedlot, or slaughterhouse. COMMUNITY-BASED RESIDENTIAL FACILITY ORDINANCE 2026-09 (ZONING CODE DEFINITIONS) - Page 4 of 14 A place where three or more unrelated adults reside, in which care, treatment, or services above the level of room and board, but not including nursing care, are provided to persons residing in the facility as a primary function of the facility and licensed by the Department of Health and Social Services under Wisconsin Statutes, § 50.01. COMPREHENSIVE PLAN The adopted Comprehensive Plan of the Village of Hobart (including any future amendments) that identifies where growth should occur, makes recommendations for future development in the Village through the use of text, tables, and maps, and includes a mechanism for the review and update of the plan on a regular basis. CORNER SIDE A yard extending along a side lot line from front yard to rear yard when said side lot line is parallel with a street right-of-way line. CORPORATE RETREAT A dwelling unit which is provided, with or without monetary compensation, by a business, company or corporation, including a nonprofit corporation, to paying or nonpaying guests (including but not limited to agents, customers, clients, consultants, employees, directors, executives or shareholders of the business, company or corporation) for a period of less than 28 consecutive calendar days. DORMITORY A communal-type living arrangement of four or more persons not related by blood, adoption, or marriage who share common kitchen, bath or rest room facilities. This definition includes, but is not limited to, shelter facilities, educational facility housing, rooming houses, boarding or lodging houses, community living arrangements, community-based residential facilities, seminary or similar institution. DRIVE-IN BUSINESS An establishment with street access, which provides no interior seating or service; or an establishment which allows for interior seating or service, but the majority of its business is conducted in the following manner: A. By means of a service window; B. In-car service; and C. Restaurant or confectioneries with carry-out counter. DWELLING A building, or portion thereof, excluding a manufactured home, hotel, motel, boardinghouses, and trailers designed or used exclusively for residential occupancy. DWELLING UNIT One or more rooms which are arranged, designed or used as living quarters for one family only. Individual bathrooms and complete kitchen facilities, permanently installed, shall always be included for each "dwelling unit." DWELLING, MULTIPLE-FAMILY A building, or portion thereof, containing three or more dwelling units, each occupied exclusively by one family with the intent to use the structure as the principal place of abode. DWELLING, SINGLE-FAMILY A building designed for and occupied exclusively by one family with the intent to use the structure as the principal place of abode. ORDINANCE 2026-09 (ZONING CODE DEFINITIONS) - Page 5 of 14 DWELLING, TWO-FAMILY A building designed for and occupied exclusively by two families with the intent to use the structure as the principal place of abode. EARTHEN BERM A vegetated/landscaped, elongated earthen mound used as a sound, sight and/or landscape barrier. ESTABLISHMENT, BUSINESS A place of business carrying out operations, the ownership and management of which are separate and distinct from those of any other place of business located on the same zoning lot. FAMILY One or more persons, related by blood, adoption, domestic partnership, foster or ward relationship or marriage, living together in one dwelling unit as a single housekeeping unit, or up to five persons living and cooking together as a single housekeeping unit when not so related, provided that the number limitation of this provision shall not apply to the number of unrelated individuals authorized to reside in a community living arrangement consistent with § 62.23(7)(i), Wis. Stats. FARM Any parcel of land which is used for gain in the raising of agricultural products, livestock, poultry, and dairy products. FARM POND A body of water utilized for the farm operation. FENCE A barrier made of wood, iron, stone or other inorganic material. FLOOR AREA (For determining off-street parking and loading requirements.) The sum of the gross horizontal areas of the several floors of the building or portion thereof, devoted to such use, including accessory storage areas, located within selling or working space, such as counters, racks or closets, and any basement floor area devoted to retailing activities to the production or processing of goods, or to business or professional offices. However, "floor area," for the purposes of measurement for off-street parking spaces, shall not include: floor area devoted primarily to storage purposes (except as otherwise noted herein); floor area devoted to off-street parking or loading facilities, incl uding aisles, ramps, and maneuvering space; or basement floor area other than area devoted to retailing activities, to the production or processing of goods, or to business or professional offices. FRONTAGE The length of all the property fronting on one side of a street between two nearest intersecting streets, measured along the line of the street, or if dead-ended, then all property abutting on one side between an intersecting street and the dead-end of the street. FRONTAGE, ZONING LOT The length of all the property of such zoning lot fronting on a street, measured between side lot lines. FUR FARM Agricultural operation, where the major income is derived from the selling or sale of fur-bearing animals and/or pelts. ORDINANCE 2026-09 (ZONING CODE DEFINITIONS) - Page 6 of 14 GARAGE, PRIVATE An accessory to the main building, which provides for the storage of motor vehicles and in which no occupation, business, or service for profit is carried on. GARAGE, PUBLIC AND STORAGE Any building or premises, other than a private garage, where motor-driven vehicles are equipped, repaired, serviced, hired, sold, or stored. GRADE The average level of the finished surface of the ground adjacent to the exterior walls of the building or structure. GROSS FLOOR AREA The sum of the gross horizontal areas of the several floors of a building or buildings measured from the exterior faces of exterior walls or from the center line of party walls separating two buildings. GROUND FLOOR That level of a building or structure below the first floor, located on a site with a sloping or multilevel grade and which has a portion of its floor at grade and a portion of its floor below grade. GROUP HOME Community living arrangements for the care and maintenance of five to eight children under 18 years of age, which are licensed child welfare agencies, as set forth in Wisconsin Statutes, § 48.02(7). HARD-SURFACED A driveway or parking lot surfaced with concrete, bituminous paving or other approved impervious surface. HEALTH AND MEDICAL INSTITUTIONS Institutions or organizations which provide specialized inpatient or outpatient medical and dental care. HEDGE A dense row of shrubs, etc., forming a boundary, fence, or barrier. HOME OCCUPATION An occupation or profession carried on by a residen t of the principal structure, provided all of the following are met: A. There is no sign or display that will indicate from the exterior that the building is being utilized in whole or in part for any purpose other than that of a dwelling; B. There is no commodity sold upon the premises; C. No person is employed on site other than a member of the immediate family residing on the premises; D. No mechanical or electrical equipment is used, except such as is permissible for purely domestic or household purposes; E. No accessory building shall be used for such home occupation; F. Exterior alterations or modifications that change the residential character or appearance of the dwelling, accessory structures or the property itself are prohibited; G. There shall be no noise, vibration, glare, fumes, odor, electrical interference, or other such condition created by the home occupation that has any observable impact upon any location outside the principal structure where the home occupation is conducted. ORDINANCE 2026-09 (ZONING CODE DEFINITIONS) - Page 7 of 14 HOTEL A building in which lodging, with or without meals, is offered to transient guests for compensation and in which there are more than five sleeping rooms with or without cooking facilities in any individual room or apartment. INDUSTRIAL PARK A special or exclusive type of planned industrial area designed and equipped to accommodate a community of industries, providing them with all necessary facilities and services in attractive surroundings among compatible neighbors. Industrial parks may be promoted or sponsored by private developers, community organizations, or government organizations. JUNK (OR SALVAGE) YARD An area where waste or scrap materials are bought, sold, exchanged, stored, baled, packed, disassembled, or handled, including, but not limited to, scrap iron and other metals, paper, rags, rubber tires, and bottles. A "junk" or "salvage" yard includes an auto wrecking yard, but does not include uses established entirely within enclosed buildings. KENNELS A lot or building in which three or more dogs or four or more cats or other animals at least two months of age are kept commercially for board and/or propagation, training or sales, or other uses, all of which are conducted on the property itself. LANDSCAPING MATERIALS Materials used to make a plot of ground more attractive and/or stable these materials may include, but are not limited to, trees, grasses, ground cover, vines, flowers, earthen berms, earth stabilization materials, rocks and stones, and wood chips. LOT A parcel of land having a width and depth sufficient to provide the space necessary for one principal building and its accessory building, together with the open spaces required by this chapter and abutting on a public street. LOT AREA, GROSS The area of a horizontal plane bounded by the front, side, and rear lot lines, but not including any area occupied by the waters of a duly recorded lake or river and/or public right-of-way. LOT GRADE The average of the finished lot elevation upon completion of construction and landscaping between the street right-of-way line and a perpendicular point on the front yard setback line. LOT LINE, FRONT That boundary of a lot which is along an existing or dedicated public street, or where no public street exists along a public way. LOT LINE, REAR That boundary of a lot which is most distant from and is, or is most nearly, parallel to the front lot line. LOT LINE, SIDE Any boundary of a lot which is not a front lot line or a rear lot line. LOT OF RECORD ORDINANCE 2026-09 (ZONING CODE DEFINITIONS) - Page 8 of 14 A lot which is part of a subdivision, the plat of which has been recorded in the office of the Register of Deeds of Brown County; or a parcel of land, the deed to which was recorded in the office of said Register of Deeds prior to the adoption of this chapter, and certified survey maps approved and recorded in the Register of Deeds' Office of Brown County. LOT WIDTH The horizontal distance between the side lot lines of a lot, measured at the narrowest width within the first 30 feet of lot depth immediately in back of the front yard setback line. (See diagram in Illustrations on file in the office of the Village Clerk) LOT, CORNER A lot located at the intersection of two streets, the interior angle of such intersection not exceeding 135°. LOT, DEPTH OF The mean horizontal distance between the front lot line and the rear lot line of a lot measured within the lot boundaries. (See diagram in Illustrations on file in the office of the Village Clerk.) LOT, INTERIOR A lot other than a corner or reversed corner lot. (See diagram in Illustrations on file in the office of the Village Clerk.) LOT, REVERSED CORNER A corner lot, the street side lot line of which is substantially a continuation of the front lot line of the first lot to its rear. (See diagram in Illustrations on file in the office of the Village Clerk.) LOT, THROUGH A lot having a pair of opposite lot lines along two more or less parallel public streets, and which is not a corner lot. (See diagram in Illustrations on file in the office of the Village Clerk.) On a "through lot," both street lines shall be deemed front lot lines. MANUFACTURED HOME A structure, transportable in one or more sections, which is built on a permanent chassis and designed to be used for long-term residential use when connected to required utilities. MANUFACTURED HOME PARK A contiguous parcel of land containing two or more manufactured homes. MINI WAREHOUSE A business consisting of a building or group of buildings of varying sizes of individual compartmentalized and controlled access stalls, spaces or lockers which are rented to individuals for the storage of personal property. MOTEL Establishment consisting of a group of attached or detached living or sleeping accommodations with bathroom and closet space, located on a single zoning lot and designed for use by transient guests; and where there is no permanent occupancy of any unit, except by the owner, his agent or his employees. MOTOR VEHICLES ORDINANCE 2026-09 (ZONING CODE DEFINITIONS) - Page 9 of 14 A self-propelled device used or intended to be used for the transportation of freight or passengers upon a street or highway. NONCONFORMING STRUCTURE A dwelling or other building that existed lawfully before the current zoning ordinance was enacted or amended, but that does not conform with one or more of the development regulations in the current zoning ordinance. NONCONFORMING USE Any use of land, buildings, or structures, lawful at the time of the enactment of this chapter, which does not comply with all of the regulations of this chapter or of any amendment hereto governing use for the zoning district in which such use is located. PARKING SPACE A graded and surfaced area of not less than 180 square feet in area either enclosed or open for the parking of a motor vehicle, having adequate ingress and egress to a public street or alley, exclusive of passageways, driveways, or other means of circulation or access. PARTY WALL A wall constructed between two attached units or rooms which may or may not be separately owned. PET BOARDING FACILITY A building in which dogs or cats are kept commercially for boarding and/or grooming, all of which are conducted on the property itself. PLANNED UNIT DEVELOPMENT A tract of land which contains or will contain two or more principal buildings, developed under single ownership or control; the development of which is unique and intended to permit diversification and variation in the relationship of uses and structures and open space for developments conceived and implemented as comprehensive and unified projects. (See diagram in Illustrations on file in the office of the Village Clerk.) PLAT or PLATTED LAND Land division created by the recording of a subdivision plat or certified survey map as per the requirements of the Brown County Subdivision and Platting Regulations. PRINCIPAL STRUCTURE OR USE One which determines the predominant use as contrasted to accessory use, building or structure. PROFESSIONAL OFFICE (except health care) The office of a member of a recognized profession , including the offices of ministers, architects, professional engineers, lawyers, and such other similar professional occupation, including the office of a charitable organization and including also an insurance or financial institution which conducts its activities principally by mail. PROFESSIONAL OFFICE (HEALTH CARE) The office of a member of a recognized health care professional licensed by Chs. 441 and 446 to 449 of the Wisconsin Statute. QUARRY/MINING, NONMETALLIC ORDINANCE 2026-09 (ZONING CODE DEFINITIONS) - Page 10 of 14 A parcel of land used primarily for the extraction of limestone, dolomite, slate, or other similar materials, including the mining of nonmetallic minerals which is processed and sold or used for any purpose off site. This does not include the extraction or grading necessary for the development of a lot or parcel. RECREATIONAL VEHICLE A vehicle primarily used for leisure activities, including, but not limited to, trailers, boats with or without trailers, all-terrain vehicles and snowmobiles. For the purpose of this Code, "recreational vehicles" do not include four-wheel drive cars or trucks and motorcycles. RETAIL Sale of commodities and services directly to customers when such commodities and services are used or consumed by the customer and not purchased primarily for purpose of resale. RIGHT-OF-WAY A strip of land occupied or intended to be occupied for a special use. Rights-of-way intended for streets, crosswalks, water mains, sanitary sewers, storm drains or any other use involving maintenance by a public agency shall be dedicated to public use by the maker of the plat on which such right-of-way is established. The usage of the term "right-of-way" for land platted purposes shall mean that every right- of-way hereafter established and shown on a final plat is to be separate and distinct from the lot or parcels adjoining such right-of-way and not included within the dimension or areas of such lots or parcels. ROADSIDE STAND A structure not permanently fixed to the ground that is readily removable in its entirety, covered or uncovered and not wholly enclosed, and used solely for the sale of farm products produced on the premises. No such roadside stand shall be more than 300 square feet in ground area and limited to 10 feet maximum height. RURAL ROAD SECTION Road predominantly employing ditches for stormwater conveyance. SAND OR GRAVEL PIT A parcel of land used primarily for the extraction of sand, gravel, clay, silt, loam, muck, dirt, soil, and similar materials which are processed and sold or used for any purpose off site. This does not include the extraction or grading necessary for the development of a lot or parcel. SATELLITE DISH ANTENNA A device incorporating a reflective surface that is solid, open mesh, or bar configured and is in the shape of a shallow dish, cone, horn, or cornucopia. Such device shall be used to transmit and/or receive radio or electromagnetic waves between terrestrially and/or orbitally based uses. This definition is meant to include, but not be limited to what are commonly referred to as "satellite earth stations," "TVROs," and "satellite microwave antennas." SETBACK AREA The minimum horizontal area between the front, side and/or rear line of the building or use, including porches, and the lot lines, or street right-of-way lines. SETBACK LINES Lines established adjacent to lot lines or street right-of-way lines for the purpose of defining limits within which any or certain buildings, structures, or uses may not be constructed, maintained or carried on, except as shown herein. ORDINANCE 2026-09 (ZONING CODE DEFINITIONS) - Page 11 of 14 SETBACK, CORNER SIDE YARD The minimum horizontal distance between the side line of the building or use that runs perpendicular to the fronting street, and the side right-of-way line perpendicular to the fronting street. SETBACK, FRONT YARD The minimum horizontal distance between the front line of the building or use and the street right-of- way line. SETBACK, REAR YARD The minimum horizontal distance between the back line of the building or use, and the rear lot lines. SETBACK, SIDE YARD The minimum horizontal distance between the side line of the building or use, and the side lot lines; unless the side line of the building or use is parallel to a street, whereas it shall be a corner side yard setback. SHELTER FACILITY A temporary place of lodging for temporarily displaced individuals or families or other reasons. SIGN A name, identification, description, display, or illustration which is affixed to, or represented directly or indirectly upon, a building, structure, or piece of land, and which directs attention to an object, product, place, activity, person, institution, organization, or business. However, a "sign" shall not include any display of official court or public office notices nor shall it include the flag, emblem, or insignia of a nation, political unit, school, or religious group. A "sign" shall not include a sign located completely within an enclosed building, unless the content shall so indicate. (See diagram in Illustrations on file in the office of the Village Clerk.) SIGN, ADVERTISING A sign which directs attention to a business, commo dity, service or entertainment not exclusively related to the premises where such sign is located or to which it is affixed. (See diagram in Illustrations on file in the office of the Village Clerk.) SIGN, BUSINESS A sign which directs attention to a business or profession conducted, or to a commodity, service or entertainment sold or offered, upon the premises where such sign is located or to which it is affixed. (See diagram in Illustrations on file in the office of the Village Clerk.) STOCK FARM An agricultural operation, usually non-dairying in nature, where livestock is raised to the required age or weight for slaughterhouse purposes or for sale to commercial feedlots. STORAGE UNIT Individual unit, cold storage only, and no business to be run out of unit. STORY That part of a building between any floor at or above grade and the floor next above, and if there be no floor above, then the ceiling above. A story shall not include a basement or a ground floor as defined in this chapter. ORDINANCE 2026-09 (ZONING CODE DEFINITIONS) - Page 12 of 14 STREET A public or private right-of-way which affords a primary means of vehicular access to abutting property, whether designated as a street, avenue, highway, road, boulevard, lane, throughway, or however otherwise designated, but does not include driveways to buildings. STRUCTURAL ALTERATION Any change, other than incidental repairs which would prolong the life of the supporting members of a building, such as the addition, removal, or alteration of bearing walls, columns, beams, girders, or foundations. STRUCTURE Anything constructed or erected, the use of which requires a permanent location on the ground or attached to something having permanent location on the ground. TRANSIENT RESIDENTIAL OCCUPANT A person who is entitled to occupancy at any transient residential use. TRANSIENT RESIDENTIAL USE A dwelling unit in which the owner's paying guests or a corporate retreat's guests are entitled to occupancy for a period of less than 28 consecutive calendar days. UNIT A dwelling for a single family. URBAN ROAD SECTION Road predominantly employing curb and gutter to convey stormwater to a system of underground pipes for stormwater conveyance. USE, CONDITIONAL A use, either public or private, which, because of its unique characteristics, cannot be properly classified as a permitted use in a particular district or districts. After due consideration, in each case of the impact of such use upon neighboring land, and of the public need for the particular use of the particular location, such "conditional use" may or may not be granted, subject to the terms of this chapter. USE, PERMITTED A use which may be lawfully established in a particular district or districts, provided it conforms with all requirements, regulations, and standards of such district. USE, PRINCIPAL The main use of land or buildings as distinguished from a subordinate or accessory use. A "principal use" may be "permitted," "conditional" or "nonconforming." UTILITY STORAGE BUILDING An uninhabited, subordinate structure, not exceeding 150 square feet in area, attached or detached to the principal structure, the use of which is incidental to and customary in conjunction with the principal use of the structure (e.g., tool houses, sheds and other similar buildings used for the storage of common household supplies, equipment and vehicles). VARIANCE ORDINANCE 2026-09 (ZONING CODE DEFINITIONS) - Page 13 of 14 A departure from the terms of this chapter as applied to a specific building, structure, or parcel of land which the Board of Appeals may permit when the Board finds that a literal enforcement of the provisions of this chapter will result in practi cal difficulty or unnecessary hardship, owing to circumstances unique to the individual property on which the variance is sought, or a literal application of such regulation will effect a limitation on the use of the property which does not generally apply to other properties in the same district, and for which there is not compensating gain to the public health, safety and welfare. In no case shall a variance be granted to permit any use not permitted in a particular zone. VILLAGE The Village of Hobart. VILLAGE BOARD The governing body of the Village of Hobart. VILLAGE ZONING ADMINISTRATOR/BUILDING INSPECTOR The Administrator appointed by the Village Board to administer and enforce the provisions of this chapter. VISION CORNER The vision corner is formed by measuring 30 feet along each property line from the corner where the two street sides of the property meet. Connecting these two lines with a diagonal line completes the triangle and forms the vision corner. (See Corner Vision Triangle diagram in Illustrations on file in the office of the Village Clerk.) WAREHOUSE A large building in which goods, raw materials or commodities are stored or sold as wholesale. YARD An open space on the same lot with a building or structure, unoccupied and unobstructed from the ground upward, except for vegetation. A "yard" ex tends along a lot line, and to a depth or width specified in the yard requirements for the zone the lot is located in. (See diagram in Illustrations on file in the office of the Village Clerk.) YARD, CORNER SIDE A side yard which adjoins a public street. (See diagram in Illustrations on file in the office of the Village Clerk.) YARD, FRONT A yard extending along the full length of the front lot line between the side lot lines. (See diagram in Illustrations on file in the office of the Village Clerk.) YARD, INTERIOR SIDE A side yard which is located immediately adjacent to another zoning lot or to an alley separating such side yard from another zoning lot. (See diagram in Illustrations on file in the office of the Village Clerk.) YARD, REAR A yard extending along the full length of the rear lot line between the side lot lines. (See diagram in Illustrations on file in the office of the Village Clerk.) ZONING DISTRICT ORDINANCE 2026-09 (ZONING CODE DEFINITIONS) - Page 14 of 14 Divisions of the Village, each area being accurately defined to boundaries and locations on the Official Zoning Map and in the Zoning Ordinance, for which the regulations and requirements governing use, lot, and bulk of buildings and premises are uniform. ZONING LOT An area within a single tract of land, under single ownership having a specific zoning district. A zoning lot may, therefore, not coincide with the lot of record and may be located on a parcel of land with two or more zoning districts. Section 2: Any Ordinance or parts thereof, inconsistent herewith are hereby repealed. Section 3. This Ordinance shall be effective from and after its passage by the Village Board and publication as required by law. Passed and approved on this 4th day of August, 2026. ______________________________________________________ Richard Heidel, Village President Attest: ______________________________________________________ Aaron Kramer, Village Administrator CERTIFICATION The undersigned, being the duly appointed Clerk of the Board of the Village of Hobart, certifies that the aforementioned is the original ordinance adopted by the Village Board. IN WITNESS WHEREOF, I have executed this Certificate in my official capacity on August 4, 2026. (Seal) ________________________________ Lisa Vanden Heuvel, Village Clerk 1 TO: Planning & Zoning Commission RE: Discussion and action on request to modify / amend Section 295-365 Administration of Article XXXIII Site Review/Development and Design Standards of Chapter 295 of the zoning code pertaining to Site Plans and Site Review Committee FROM: Todd Gerbers, Director of Planning and Code Compliance DATE: July 6, 2026 GENERAL INFORMATION The Village Site Review Committee and Village Staff are proposing a modification to Section 295-356 of the Village Zoning Code pertaining to the Administration of the Site Review/Development and Design Standards and the Village Site Review Committee. This request is related to allowing the Committee to grant exceptions to the standards set in the Design Standards where developments have unique conditions that may conflict with the standards for site review. BACKGROUND With direction from the Village Site Review Committee, Village Staff drafted some new language in the ordinance to protect the Committee should there be a need to grant an exception from the regulations in the ordinance that the Committee follows when reviewing site plans for various developments/projects. Any such exception for a proposed project would need to display the “unique feature(s)” or the “unreasonable hardship” for the Committee to grant such an exception. Staff believes this provides the Committee with some comfort added protection when reviewing and possibly granting such an exception in the future. The added language relating to exceptions is noted as “E.” on the attachment. An example of a possible exception would be the need for 25% masonry on the building elevation facing a public street, but the building is located behind another existing building and roughly 400 feet setback from the roadway. Then it may be better for the development to reduce the masonry and use those cost savings to enhance the landscaping where it would be more visible from the street. The Village Site Review Committee reviewed this ordinance addition and recommended approval to the Village Planning & Zoning Commission. Since this is an amendment to Chapter 295, Village Zoning Code, any amendment / modification would require a public hearing and review by both the Planning & Zoning Commission and the Village Board. RECOMMENDATION/CONDITIONS Approve the proposed modifications to Section 295-356 of the Village Zoning Code and forward to the Village Board for review. ISSUE: Discussion and action on request to modify / amend Section 295-365 Administration of Article XXXIII Site Review/Development and Design Standards of Chapter 295 of the zoning code pertaining to Site Plans and Site Review Committee RECOMMENDATION: Staff recommends the approval of the proposed modifications Village of Hobart, WI Downloaded from https://ecode360.com/HO3209 on 2026-06-09 § 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 i n 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. E. Exceptions. When in the judgment of the S RC it would be inappropriate to apply literally a specific provision of this Chapter due to unreasonable hardship or unique features, the SRC may except all or a portion of such specific provision so that substantial justice may be done and the public interest secured. Any exception thus granted shall be entered in the minutes of the SRC setting forth the reasons which justified the exception. An exception granted for one project shall not be used as a sole reason for granting an exception for a different project. ORDINANCE 2026-10 (ZONING CODE – SITE REVIEW COMMITTEE ADMINISTRATION) - Page 1 of 2 ORDINANCE 2026-10 AN ORDINANCE AMENDING SECTION 356 (ADMINISTRATION) OF ARTICLE XXXIII (SITE REVIEW/DEVELOPMENT AND DESIGN STANDARDS) OF CHAPTER 295 (ZONING) Purpose: The purpose of this Ordinance is to allow the Site Review Committee to grant exceptions to the standards set in the Design Standards where developments have unique conditions that may conflict with the standards for site review. The Village Board of the Village of Hobart, Brown County, Wisconsin, does ordain as follows: Section 1: Section 356 (Administration) of Article XXXIII (Site Review/Development and Design Standards) of Chapter 295 (Zoning) is hereby recreated and amended to read as follows: § 295-356. Administration. The administration of this article shall be vested in the following: Village Administrator, Director of Planning and Code Compliance, 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 Director of Planning and Code Compliance 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. 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 (SRC) 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. E. Exceptions. When in the judgment of the SRC it would be inappropriate to apply literally a specific provision of this Chapter due to unreasonable hardship or unique features, the SRC may except all or a portion of such specific provision so that substantial justice may be done and the public interest secured. Any exception thus granted shall be entered in the minutes of the SRC setting forth the reasons which justified the exception. An exception granted for one project shall not be used as a sole reason for granting an exception for a different project. Section 2: Any Ordinance or parts thereof, inconsistent herewith are hereby repealed. ORDINANCE 2026-10 (ZONING CODE – SITE REVIEW COMMITTEE ADMINISTRATION) - Page 2 of 2 Section 3. This Ordinance shall be effective from and after its passage by the Village Board and publication as required by law. Passed and approved on this 4th day of August, 2026. ______________________________________________________ Richard Heidel, Village President Attest: ______________________________________________________ Aaron Kramer, Village Administrator CERTIFICATION The undersigned, being the duly appointed Clerk of the Board of the Village of Hobart, certifies that the aforementioned is the original ordinance adopted by the Village Board. IN WITNESS WHEREOF, I have executed this Certificate in my official capacity on August 4, 2026. (Seal) ________________________________ Lisa Vanden Heuvel, Village Clerk