[HISTORY: Adopted by the Village Board of the Village of
Brandon 12-14-1998 as Title 2, Ch. 4, of the 1998 Code. Amendments noted where applicable.]
A.
Composition. The Board of Review shall be composed of the Village
President, the Village Clerk and all Village Trustees. 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.
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 its right to designate hours
for the annual Board of Review proceedings other than those set forth
in § 70.47(3)(a), 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.
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 Brandon 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., Chapter 485, Zoning, of the Code of the Village of Brandon, and ordinances and this section. The laws of the state 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.[1]
B.
Powers.
(1)
The Zoning Board of Appeals shall have the following powers:
(a)
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 61.351 (wetlands), § 87.30
or 281.31 (floodplains) or Chapter 91 (farmland preservation), Wis.
Stats.
(c)
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. 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 Board's decision and
shall not permit variances in yard, area or other requirements of
the district in which located.[3]
(2)
The Zoning 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. If a quorum is present, the Zoning
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 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 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.[5]
C.
Meetings and rules.
(1)
All meetings and hearings of the Zoning 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.[6]
[6]
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.
(5)
The Board shall keep minutes of its proceedings, showing the vote
of each member upon each question, or, if absent or failing to vote,
indicating such fact, and shall keep records of its examinations and
other official actions, all of which shall be immediately filed in
the office of the Village Clerk and shall be public record. The Board
shall adopt its own rules of procedure not in conflict with this Code
of Ordinances or with the applicable Wisconsin Statutes.
(6)
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.
Committee created. Pursuant to § 27.13 and Ch. 61, Wis.
Stats., there is created an Advisory Park and Cemetery Committee for
the Village of Brandon.
B.
Composition. The Advisory Park and Cemetery Committee shall be composed
of the Director of Public Works, ex officio, three members of the
Village Board, appointed by the Village President, and five resident
citizens of the Village, appointed by the Village President subject
to confirmation by the Village Board.
C.
Terms. In April immediately preceding the expiration of the term
of any appointive member, the Village President shall appoint his
successor, subject to confirmation by the Village Board, to serve
for a term of three years from May 1. Each Commissioner shall hold
his office until his successor is appointed and qualified.
D.
Compensation. The members of the Committee shall serve without compensation
except that to which they may be entitled by reason of other position
or service in the Village.
E.
Powers and duties. The powers and duties of the Committee shall be
those prescribed in the following sections of the Wisconsin Statutes
except as otherwise prohibited by law, and for purposes of this section
the provisions of said sections of the Wisconsin Statutes shall be
deemed severable and it is expressly declared that the Village Board
would have adopted the other provisions of such sections of the Wisconsin
Statutes irrespective of whether or not one or more provisions may
be declared invalid, inapplicable or unadoptable in this section.
The sections of the Wisconsin Statutes so adopted are §§ 27.08,
27.09, 27.10, 27.12, 27.14, and 27.15. Pursuant to § 27.11(11),
Wis. Stats., the applicable powers, duties and restrictions prescribed
in § 27.11, Wis. Stats., are also vested in the Committee.
The following words, wherever used in such sections of the Wisconsin
Statutes, shall, unless the context otherwise requires, have the following
meanings:
A.
Organization.
(1)
Pursuant to §§ 43.54 and 43.58, Wis. Stats., there
is hereby created a Library Board for the Village consisting of seven
members. Membership shall consist of one Village Trustee and six citizens
appointed by the Village President, subject to confirmation by the
Village Board. Pursuant to § 43.54(1), Wis. Stats., up to
two members of the Library Board may be residents of towns adjacent
to the Village. Additional members may be appointed by the county
under § 43.60, Wis. Stats. If the county exercises its right
to appoint members to the Library Board, additional members may be
residents of other municipalities.
[Amended 9-14-2020 by Ord. No. 2020-03; 11-9-2020 by Ord. No. 2020-04]
(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 representative, to represent
the public school district or districts in which the library is located.
(3)
A majority of the membership of the 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 officers that they
deem necessary and prescribe and adopt rules and regulations for the
operation of the library.[1]
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.
A.
The Police Review Committee is hereby established pursuant to the
provisions of § 61.65(1) (am), Wis. Stats. The Committee
shall consist of not less than three members, none of whom may be
an elected or appointed official of the Village or be employed by
the Village. The Committee shall act under the provisions of § 62.13(5),
Wis. Stats., in place of a board of police and fire commissioners.
B.
The Committee members shall be appointed by the Village Board. The
Village Board may provide for some payment to each member for the
member's cost of serving on the Committee at a rate established by
the Village Board. The Committee may select separate counsel to assist
and to advise it in the performance of its functions. The Village
Board shall be responsible for the reasonable fees of separate counsel.
The Committee shall have authority to establish its own internal and
procedural bylaws, rules, regulations and procedures in keeping with
and for the purpose of facilitating the performance of its statutory
functions.
A.
Regular meetings; public notice. Every board, committee and commission
created by or existing under the ordinances of the Village shall:
(1)
Schedule a date, time and place for its meetings;
(2)
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)
Post an agenda of the matters to be taken up at such meeting.
B.
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.
Notice to members. Every member of any board, commission or committee
of the Village of Brandon 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.
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.
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.
Residency. Except for the Library Board, no person not a resident
of and not residing in the Village of Brandon 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.
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.
