[HISTORY: Adopted by the Village Board of the Village of
Athens 11-22-2004 as Title 2,
Ch. 4, of the 2004 Code. Amendments noted where applicable.]
A.Â
Composition.
(1)Â
The Board of Review shall be composed of at least three members,
including the Village President, the Village Clerk, and a member of
the Village Board, and any other official the Village President may
annually choose to appoint at the annual organizational meeting, subject
to Board confirmation. The Village Clerk shall serve as Clerk of the
Board of Review. The Assessor shall attend all meetings of the Board
of Review but shall not vote.
(2)Â
No Board of Review may be constituted unless it includes at least
one voting member who, within two years of the Board's first
meeting, has attended a training session under § 73.03(55),
Wis. Stats., and unless that member is the municipality's chief
executive officer or that officer's designee. The Village Clerk
shall provide an affidavit to the Department of Revenue stating whether
the requirement under this subsection has been fulfilled.
B.Â
Compensation. The members of the Board of Review shall receive compensation
as determined by resolution of the Village Board.
C.Â
Duties. The duties and functions of the Board of Review shall be
as prescribed in §§ 70.46 and 70.47, Wis. Stats.
D.Â
Meetings. In accordance with § 70.47(3)(b), Wis. Stats.,
the Village Board does hereby exercise its 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. The Board may adjourn from day to day
or from time to time, until such time as its business is completed,
provided that adequate notice of each adjournment is so given.
E.Â
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 Athens 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.
F.Â
Open meetings. All meetings of the Board of Review shall be publicly
held and open to all citizens at all times. No formal action of any
kind shall be introduced, deliberated upon or adopted at any closed
session or meeting of a Board of Review.
A.Â
Establishment. A 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 and Village ordinances shall prevail in that
order. The Board of Appeals shall consist of five 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. The first alternate shall act, with full
power, only when a member of the Board refuses to vote because of
interest or when a member is absent. The second alternate shall act
only when the first alternate so refuses or is absent or when more
than one member of the Board so refuses or is absent.[1]
B.Â
Powers. The Board of Appeals shall have the following powers:
(1)Â
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, 61.351 (wetlands), 87.30 or
281.31 (floodplains) or Ch. 91 (farmland preservation), Wis. Stats.
(2)Â
To hear and decide special exceptions to the terms of the Village
zoning and floodplain zoning regulations upon which the Board of Appeals
is required to pass.
(3)Â
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 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 Board's decision and shall
not permit variances in yard, area or other requirements of the district
in which located.
(4)Â
To permit in appropriate cases, and subject to appropriate conditions
and safeguards in harmony with the general purpose and intent of the
Zoning Code, a building or premises to be erected or used for such
public utility purposes in any location which is reasonably necessary
for the public convenience and welfare.[2]
(5)Â
The Board of Appeals may reverse or affirm, wholly or in part, or
may modify any order, requirement, decision or determination appealed
from and may make such order, requirement, decision or determination
as in its opinion ought to be made, and to that end shall have all
the powers of the officer from whom the appeal is taken and may issue
or direct the issue of a permit. If a quorum is present, the Board
of Appeals may take action by a majority vote of the members present.
The grounds of every such determination shall be stated and recorded.
No order of the Board of Appeals granting a variance shall be valid
for a period longer than six months from the date of such order unless
the building/zoning permit is obtained within such period and the
erection or alteration of a building is started or the use is commenced
within such period.[3]
C.Â
Meetings and rules.
(1)Â
All meetings and hearings of the Board of Appeals shall be open to
the public, except that the Board 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 Board's 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.[4]
[4]
Editor's Note: See §§ 19.81 to 19.98, Wis.
Stats.
(2)Â
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)Â
Hearings may be held at any regular or special meeting at the time
set by the Chairperson.
(5)Â
The Board shall keep minutes of its proceedings, showing the vote
of each member upon each question, or, if absent or failing to vote,
indicating such fact, and shall keep records of its examination and
other official actions, all of which shall be immediately filed in
the office of the Village Clerk and shall be public record. The Clerk
shall serve as Secretary to the Board of Appeals. The Board shall
adopt its own rules of procedure not in conflict with this Code of
Ordinances or with the applicable Wisconsin Statutes.
(6)Â
No Board 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.
A.Â
Composition. The Village Plan Commission shall consist of seven members
who shall be the following: the Village President (who shall be its
presiding officer), Chairperson of the Streets Committee, Chairperson
of the Water and Sewer Committee and four citizen members.[1]
B.Â
Appointment.
(1)Â
Trustee members. The two Trustee members shall be annually appointed
by a majority vote at the organizational meeting of the Village Board.
(2)Â
Citizen members. The four regular citizen members of the Commission
shall be appointed by the Village President, subject to confirmation
by the Village Board. The original citizen members shall be appointed
upon creation of the Commission and shall hold office for a period
of one, two and three years, respectively, from the succeeding first
day of May, and thereafter annually during the month of April such
member shall be appointed for a term of three years.
C.Â
Records; quorum. 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. Four members shall constitute
a quorum.
D.Â
Duties.
(1)Â
Comprehensive Plan.
(a)Â
The Plan Commission shall make, adopt and, as necessary, amend,
extend or add to the Comprehensive 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 Comprehensive
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)Â
The Commission may adopt the Comprehensive Plan as a whole by
a single resolution or, as the work of making the whole Comprehensive
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, subject to confirmation
by the Village Board. 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 Comprehensive Plan
or part thereof shall be solely to aid the Plan Commission and the
Village Board in the performance of their duties.
(2)Â
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 Board, public body or officer, the following matters:
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 way, 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 or within the territory over
which the Village is given platting jurisdiction by Ch. 236, Wis.
Stats.; the location, character and extent of 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.
(3)Â
Miscellaneous powers. The Commission may make reports and recommendations
relating to the plan and development of the Village to public officials
and agencies, 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 in cooperation
with the Village Board. The Commission shall oversee community development
block grants. The Village Board may refer to the Commission for its
consideration and recommendation any matter pertaining to planning
and development of land within the Village. All plats, replats and
certified surveys within the Village shall be submitted to the Commission
for its recommendation to the Village Board before the same are approved
by the Village Board.
(4)Â
Compensation; oath. Compensation may be established by the Village
Board for service on the Commission. Citizen members shall take the
official oath required by § 19.01, Wis. Stats., which shall
be filed with the Village Clerk.
E.Â
Organization. As soon as all members of the first Commission shall
have been appointed, the Village Clerk shall give each member a written
notice of the appointment and thereon shall fix the time and place
of the first meeting which shall be not less than five nor more than
10 days thereafter. Such Commission shall elect a Vice Chairperson
and a Secretary.[2]
F.Â
Employees; budget. The Plan Commission shall have the power to employ
experts and such staff as may be necessary and to pay for their services
and such other expenses as may be necessary and proper, within the
limits of the budget established by the Village Board, or placed at
its disposal through gift, and subject to any ordinance or resolution
enacted by the Village Board. As far as possible, the Commission shall
utilize the services of existing Village officials and employees.
G.Â
Rules of procedure; report. The Plan Commission is hereby authorized
to adopt rules governing its own proceedings. The Commission shall
make a monthly report in writing to the Village Board of its transactions
and expenditures, if any, for the preceding month, with such general
recommendations as to matters covered by its prescribed duties and
authority as seem proper.
H.Â
Special meetings. Individuals requesting a special meeting of the
Plan Commission shall be required to pay a fee as prescribed in the
Village Fee Schedule.
A.Â
Regular meetings; public notice. Every board, committee and commission
created by or existing under the ordinances of the Village shall:
(1)Â
Schedule a date, time and place for its meetings;
(2)Â
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; and/or
(3)Â
Post an agenda of the matters to be taken up at such meeting.
B.Â
Form of notice. 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.[1]
C.Â
Notice to members. Every member of any board, commission or committee
of the Village of Athens 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.
D.Â
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 within
one week of the meeting date. The Village Clerk shall furnish a copy
of all minutes filed with him to each member of the Village Board.
All such minutes shall be public records.
E.Â
Special meetings. Nothing in Subsection A 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 to 19.89, Wis. Stats.
A.Â
Residency. No person not a resident of and not residing in the Village
of Athens shall be appointed in a voting capacity to any citizen Village
board, committee or commission listed in this chapter. Any board or
commission member who moves from the Village shall be removed from
such board or commission but may be appointed to serve in an ex officio
capacity.
B.Â
Attendance standard. Members of boards, committees and commissions
are required to attend a minimum of 2/3 of the meetings in each six-month
period of their respective bodies, unless excused by majority vote
of the membership of their body. Failure to comply with this subsection
may result in the removal and replacement of the official found to
be in noncompliance by majority vote of the Village Board.