[HISTORY: Adopted by the Village Board of the Village of
Benton as Title 2, Ch. 4, of the Benton Code of Ordinances. Amendments
noted where applicable.]
A.
Composition. The Board of Review of the Village of Benton shall be
composed of the Village President, Village Clerk-Treasurer and the
Village Trustees. The Village Clerk-Treasurer shall serve as Clerk
of the Board of Review. The Assessor shall attend all meetings of
the Board of Review, but shall not vote.
B.
Compensation. The members of the Board of Review shall receive compensation
as determined by resolution of the Village Board.
C.
Duties. The duties and functions of the Board of Review shall be
as prescribed in §§ 70.46 and 70.47, Wis. Stats.
D.
Meetings. In accordance with § 70.47(3)b, Wis. Stats.,
the Village Board does hereby exercise the right to designate hours
for the annual Board of Review proceedings other than those set forth
in § 70.47(3)a, Wis. Stats., and shall designate the hours
of the annual Board of Review by separate resolution. The Board of
Review may adjourn from day to day or from time to time, until such
time as its business is completed, providing that adequate notice
of each adjournment is so given.
E.
Objections to valuations to be written. No person shall be permitted
to appear and make objection before the Board of Review of the Village
of Benton to the amount of valuation of any property unless objection
thereto shall first have been made in writing and filed with the Clerk
of the Board of Review.
A.
Establishment. A Zoning Board of Appeals shall be appointed and governed
by the state zoning enabling law as contained in § 62.23,
Wis. Stats., the Village Zoning Code and ordinances and this section.
The laws of the state or Village and local ordinances shall prevail
in that order. The Zoning Board of Appeals shall consist of five citizen
members and two alternate members, appointed by the Village President
subject to confirmation by the Village Board, for a three-year term
of office. The members shall be removable by the Village Board for
cause upon written charges and upon public hearing. The Village President
shall designate one of the members Chairperson.
B.
Powers. The Zoning Board of Appeals shall have the following powers:
(1)
To hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by an administrative official in the enforcement of any Village Zoning Code or any ordinance adopted under §§ 62.23, 61.35 or 62.231 (wetlands), Wis. Stats., §§ 87.30 or 281.31 (floodplains), Wis. Stats., or Ch. 91 (farmland preservation), Wis. Stats.
(3)
To authorize, upon appeal in specific cases, such variance from the
terms of the Village zoning regulations as will not be contrary to
the public interest, where owing to special conditions, a literal
enforcement will result in practical difficulty or unnecessary hardship,
so that the spirit of the Zoning Code shall be observed, public safety
and welfare secured and substantial justice done; provided, however,
that no such action shall have the effect of establishing in any district
a use or uses not permitted in such district. The Zoning Board of
Appeals shall not grant use variances in floodplain or wetland and
conservancy districts. In all other districts, no use variance shall
be granted unless the applicant has first petitioned for a zoning
amendment or a conditional use permit, if applicable, and upon a showing
that no lawful and feasible use of the subject property can be made
in the absence of such variance. Any use variance granted shall be
limited to the specific use described in the Zoning Board of Appeals
decision and shall not permit variances in yard, area or other requirements
of the district in which located.
(4)
To permit the erection and use of a building or premises in any location
subject to appropriate conditions and safeguards in harmony with the
general purposes of the Zoning Code, for such purposes which are reasonably
necessary for public convenience and welfare.
(5)
The Zoning Board of Appeals may reverse or affirm wholly or in part
or may modify any order, requirement, decision or determination as
in its opinion ought to be made in the premises. The concurring vote
of four members of the Zoning Board of Appeals shall be necessary
to reverse any order, requirement, decision or determination appealed
from or to decide in favor of the applicant on any matter on which
it is required to pass, or to effect any variation in the requirements
of the Zoning Code. The grounds of every such determination shall
be stated and recorded. No order of the Zoning Board of Appeals granting
a variance shall be valid for a period longer than six months from
the date of such order unless the land use permit is obtained within
such period and the erection or alteration of a building is started
or the use is commenced within such period.
C.
Meeting and rules.
(1)
All meetings and hearings of the Zoning Board of Appeals shall be
open to the public, except that the Zoning Board of Appeals may go
into executive session to deliberate after a hearing or an appeal.
The final vote on an appeal shall be taken in open session by roll
call vote, recorded and open for public inspection in the Zoning Board
of Appeals' office. Public notice of all regular and special
meetings shall be given to the public and news media as required by
the Wisconsin Open Meeting Law.[2]
[2]
Editor's Note: See §§ 19.81 to 19.98, Wis.
Stats.
(2)
Special meetings may be called by the Chairperson or by the Secretary
at the request of two members. Notice of a special meeting shall be
mailed to each member at least 48 hours prior to the time set for
the meeting, or announcement of the meeting shall be made at any meeting
at which all members are present.
(3)
Hearings may be held at any regular or special meeting at the time
set by the Chairperson.
(4)
A quorum for any meeting or hearing shall consist of four members,
but a lesser number may meet and adjourn to a specified time.
(5)
The Zoning Board of Appeals shall keep minutes of its proceedings,
showing the vote of each member upon each question, or, if absent
or failing to vote, indicating such fact, and shall keep records of
its examination and other official actions, all of which shall be
immediately filed in the office of the Village Clerk-Treasurer and
shall be public record. The Zoning Board of Appeals shall adopt its
own rules of procedure not in conflict with this Code or with the
applicable Wisconsin Statutes.
(6)
No Zoning Board of Appeals member shall participate in the decision
of or vote upon any case in which the member is financially interested,
directly or indirectly, but the Chairperson shall direct an alternate
member to act instead. Disqualification of a member for interest shall
not decrease the number of votes required for acting upon any matter,
but such member may be counted in determining whether a quorum is
present for the transaction of business.
D.
Offices. The Village Board shall provide suitable offices for holding
hearings and the presentation of records, documents, and accounts.
A.
Composition. The Village Plan Commission shall consist of seven members
who shall be the following: two Village Trustees and five citizen
members; of the five citizen members, one shall perform the duties
of Commission Chairperson.
B.
Appointment.
(1)
Trustee member. The Trustee members shall be annually appointed by
a two-thirds vote at the organizational meeting of the Village Board.
(2)
Citizen members.
(a)
The five citizen members shall be appointed by the Village President
for staggered terms of three years, subject to Village Board approval.
(b)
All citizen members shall be persons of recognized experience
and qualifications and shall hold office until their respective successors
are selected and qualified. Whenever a vacancy shall occur for any
citizen member, a successor shall be appointed for the unexpired term
in the manner as set forth above.
(c)
The Plan Commission Chairperson shall be appointed by the Village
President, subject to confirmation by the Village Board, at its organizational
meeting.
C.
Record. The Plan Commission shall keep a written record of its proceedings
to include all actions taken, a copy of which shall be filed with
the Village Clerk-Treasurer. Four members shall constitute a quorum,
unless a larger number is required by statute, ordinance or bylaw,
a simple majority vote of those present at a legally constituted meeting
is necessary to carry a question.
D.
Duties.
(1)
The Master Plan.
(a)
The Plan Commission shall make, adopt and, as necessary, amend,
extend or add to the Master Plan, subject to Village Board confirmation,
for the physical development of the Village, including areas outside
of its boundaries which, in the Plan Commission's judgment, bear
relation to the development of the Village. The Master Plan, with
the accompanying maps, plats and descriptive and explanatory matter,
shall show the Commission's recommendations for such physical
development, and may include, among other things without limitation
because of enumeration, the general location, character and extent
of streets, highways, freeways, street grades, roadways, walks, parking
areas, public places and areas, parks, parkways, playgrounds, sites
for public buildings and structures, and the general location and
extent of sewers, water conduits and other public utilities whether
privately or publicly owned, the acceptance, widening, narrowing,
extension, relocation, removal, vacation, abandonment or change of
use of any of the foregoing public ways, grounds, places, spaces,
buildings, properties, utilities, routes or terminals, the general
location, character and extent of community centers and neighborhood
units, and a comprehensive zoning plan.
(b)
The Commission may adopt the Master Plan as a whole by a single
resolution, or, as the work of making the whole Master Plan progresses,
may from time to time by resolution adopt a part or parts thereof,
any such part to correspond generally with one or more of the functional
subdivisions of the subject matter of the plan. The adoption of the
plan or any part, amendment or addition, shall be by resolution carried
by the affirmative votes of not less than a majority of all the members
of the Plan Commission. The resolution shall refer expressly to the
maps, descriptive matter, and other matters intended by the Commission
to form the whole or any part of the plan, and the action taken shall
be recorded on the adopted plan or part thereof by the identifying
signature of the Secretary of the Commission, and a copy of the plan
or part thereof shall be certified to the Village Board. The purpose
and effect of the adoption and certifying of the Master Plan or part
thereof shall be solely to aid the Plan Commission and the Village
Board in the performance of their duties.
(2)
Matters referred to Plan Commission. The Village Board, or officer of the Village having final authority thereon, shall refer to the Plan Commission, for its consideration and report before final action is taken by the Village Board, public body or officer, the following matters: the location and architectural design of any public building; the location of any statue or other memorial; the location, acceptance, extension, alteration, vacation, abandonment, change of use, sale, acquisition of land for or lease of land for any street, alley or other public ways, park, playground, airport, area for parking vehicles, or other memorial or public grounds; the location, extension, abandonment or authorization for any public utility whether publicly or privately owned; all plats of lands in the Village of within the territory over which the Village is given platting jurisdiction by Ch. 236, Wis. Stats.; the location, character and extent or acquisition, leasing or sale of lands for public or semipublic housing, slum clearance, relief of congestion, or vacation camps for children; and the amendment or repeal of any land use ordinance. Unless such report is made within 45 days, or such longer period as may be stipulated by the Village Board, the Village Board or other public body or officer may take final action without it.
(3)
Miscellaneous powers. The Commission may make reports and recommendations
relating to the plan and development of the Village to public officials
and agencies, public utility companies, civic, educational, professional
and other organizations and citizens. It may recommend to the Village
Board programs for public improvements and the financing thereof.
All public officials shall, upon request, furnish to the Commission,
within a reasonable time, such available information as it may require
for its work. The Commission, its members and employees, in the performance
of its functions, may enter upon any land, make examinations and surveys,
and place and maintain necessary monuments and markers thereon. In
general, the Commission shall have such powers as may be necessary
to enable it to perform its functions and promote municipal planning.
E.
Agenda. The order of business at all regular or special meetings
of the Plan Commission shall be according to the agenda prepared by
the Plan Commission Chairperson. All matters to be considered at a
Commission meeting or hearing shall be filed with the Village Clerk-Treasurer
a minimum of 10 days prior to the Plan Commission meeting. Matters
filed less than 10 days before the Commission's meeting will
not be placed on the agenda for that meeting. Matters requiring a
public hearing shall be filed with the Village Clerk-Treasurer a minimum
of 30 days prior to the public hearing.
A.
Organization; terms.
(1)
There is hereby created, pursuant to Ch. 43, Wis. Stats., a municipal
Library Board for the Village consisting of five members. Membership
shall consist of one Village Trustee and four citizens appointed by
the Village President, subject to confirmation by the Village Board.
(2)
Terms of such members shall be from May 1 in the year of their appointment,
and thereafter each regular appointment shall be for a term of three
years. Not more than one member of the Village Board shall at any
one time be a member of the Library Board. Citizen members shall be
appointed by the Village President, subject to confirmation by the
Village Board. The Trustee member shall be appointed annually by the
Village President, subject to confirmation by the Village Board. The
Village President shall appoint as one of the Library Board members
the school district administrator, or his or her representative, to
represent the public school district or districts in which the library
is located.
(3)
A majority of the membership of the Library Board shall constitute
a quorum.
(4)
As soon as practicable after the first appointments, at a date and
place fixed by the appointing officer, and annually thereafter, within
30 days after the time designated in this section for the beginning
of terms, the members of the Library Board shall organize by election
from among their number a President and such other offices that they
deem necessary to prescribe and adopt rules and regulations for the
operation of the library.
B.
Duties and powers. The Library Board shall have the duties and powers
as prescribed by Ch. 43, Wis. Stats., and more particularly set forth
in § 43.58, Wis. Stats.
The Americans with Disabilities Act (ADA) Committee shall be composed and have such duties as prescribed in Chapter 7, Access to Buildings, Programs, Services and Employment, of the Village of Benton Code.
A.
Composition. The Business Park Board of the Village of Benton shall
be composed of the Village President, Plan Commission Chairperson,
Village Economic Development Committee Chairperson and members at
large representing each business located within the business park
where the proposed development is to occur. The Village President
shall act as Chairperson for the Business Park Board and shall prepare
the agenda for the meetings.
B.
Record. The Business Park Board shall keep a written record of its
proceedings to include all actions taken, a copy of which shall be
filed with the Village Clerk-Treasurer, Plan Commission and Zoning
Administrator. Three members shall constitute a quorum and all actions
shall require the affirmative approval of a simple majority of the
members present of the Business Park Board.
C.
Duties. The Business Park Board shall review all plans for building
or improvements to be erected, placed or altered on any lands in the
B-P Zoning District. This includes site plans, landscaping plans,
building plans and specifications. Said Board shall review and approve,
approve conditionally or disapprove such plans with respect to conformity
with deed restrictions and protective covenants placed on the land
in the B-P Zoning District.
A.
Regular meetings; public notice.
(1)
Every board, committee and commission created by or existing under
the ordinances of the Village shall:
(a)
Schedule a date, time and place for its meetings;
(b)
Post, or when necessary, publish notice in or notify the official
Village newspaper in advance of each such regular meeting of the date,
time, and place thereof, in compliance with state law, thereof; and/or
(c)
Post and/or publish an agenda of the matters to be taken up
at such meeting.
(2)
A separate public notice shall be given for each meeting at a time
and date reasonably proximate to the time and date of the meeting,
but not less than 24 hours prior to the commencement of such meeting
unless otherwise authorized by law.
(3)
Such notice shall set forth the time, date, place and subject matter
of the meeting, including that intended for consideration at any contemplated
closed session which may be authorized by law.
B.
Notice to members. Every member of any board, commission or committee
of the Village of Benton shall be notified by the secretary thereof
that a meeting is to be held, and the time and place of such meeting
and the subject to be considered thereat. No member shall be intentionally
excluded from any meeting by a failure to give proper notice or a
reasonable attempt to give proper notice to such member.
C.
Special meetings. Nothing in Subsection A of this section shall preclude the calling of a special meeting or dispensing with the publication of notice or such posting of the agenda, for good cause, but such special meetings shall nonetheless comply in all respects with the provisions of §§ 19.81 and 19.89, Wis. Stats.
D.
Minutes to be kept. Every board, commission and committee shall keep
a record of the minutes of its proceedings and shall cause a signed
copy thereof to be filed by its secretary with the Village Clerk-Treasurer
within one week of the meeting date.
