[HISTORY: Adopted by the Village Board of the Village of Howards Grove as Title 2, Ch. 4, of the 1993 Code of Ordinances. Amendments noted where applicable.]
GENERAL REFERENCES
Administrative review — See Ch. 7.
Village Board — See Ch. 130.
Floodplain zoning — See Ch. 395.
Shoreland-wetland zoning — See Ch. 403.
Subdivision of land — See Ch. 408.
Zoning — See Ch. 415.
A. 
Composition. The Board of Review of the Village of Howards Grove shall be composed of the Village President, Clerk-Treasurer, and the three Trustees most recently elected to a full term. If any Trustee is unable to serve in that capacity, as determined by the Village Board, the Village President may appoint a substitute and such substitute shall serve for the remainder of the year. Alternate members may be appointed if the Village Board determines a need. 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), Wis. Stats., and does hereby designate the hours of the annual Board of Review meeting to be 6:00 p.m. to 8:00 p.m. The Board 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 Howards Grove to the amount of valuation of any property unless a notice of intention to file an objection thereto shall first have been made in writing and filed with the Clerk of the Board of Review at least 48 hours before the first scheduled meeting of the Board of Review unless waived for good cause during the Board's first two hours of the scheduled first meeting.
F. 
Confidentiality of income and expense information. Whenever the Assessor, in the performance of the Assessor's duties, requests or obtains income and expense information pursuant to § 70.47(7)(af), Wis. Stats., or any successor statute thereto, then such income and expense information that is provided to the Assessor shall be held by the Assessor on a confidential basis, except, however, that the information may be revealed to and used by persons in the discharging of duties imposed by law; in the discharge of duties imposed by office, including, but not limited to, use by the Assessor in performance of official duties of the Assessor's office and use by the Board of Review in performance of its official duties; or pursuant to order of a court. Income and expense information provided to the Assessor under § 70.47(7)(af), unless a court determines that it is inaccurate, is, per § 70.47(7)(af), not subject to the right of inspection and copying under § 19.35(1), Wis. Stats.
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[1] 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 staggered three-year terms 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 Village Clerk-Treasurer shall serve as Secretary of the Zoning Board of Appeals.[2]
[1]
Editor's Note: See also Part III, Land Use Legislation, of this Code.
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
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 an 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 Ch. 91 (farmland preservation), Wis. Stats.[3]
[3]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(2) 
To hear and decide special exceptions to the terms of the Village zoning and floodplain zoning regulations upon which the Zoning Board of Appeals is required to pass.
(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 Board's 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 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 under this subsection 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 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.[4]
[4]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
C. 
Meeting 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.[5] The Building Inspector shall attend all meetings of the Zoning Board of Appeals for the purpose of providing technical assistance.
[5]
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 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-Treasurer 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.
D. 
Offices. The Village Board shall provide suitable offices for holding hearings and the preservation of records, documents, and accounts.[6]
[6]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
A. 
Establishment. A Plan Commission consisting of seven members is established pursuant to §§ 61.35 and 62.23, Wis. Stats. The Plan Commission shall be composed of five citizen members, who shall be persons of recognized experience and qualifications, a Village Trustee and the Village President, provided the Village President may elect not to serve on the Plan Commission in which case the Village President shall nominate another member of the Village Board to serve in his or her stead.
B. 
Selection; terms. The members of the Plan Commission shall be appointed by the Village President subject to confirmation by the Village Board. The terms of the citizen members shall be for staggered terms of three years expiring on the third Monday in April, provided that the initial appointments to the Plan Commission of the five citizen members shall be one person for a term expiring in 2005; two persons for terms expiring in 2006; and two persons for terms expiring in 2007. The terms of the Plan Commission members who are Village Trustees or the Village President shall be two years concurrent with his or her term on the Village Board, as allowed under § 66.0501(2), Wis. Stats. Any member of the Plan Commission may succeed himself or herself if selected for reappointment to the Commission by the Village Board. A person who is appointed to fill a vacancy on the Plan Commission shall serve for the remainder of the unexpired term.
C. 
Compensation; expenses. The Plan Commission shall serve without compensation. The Village Board may from time to time authorize reimbursement to Plan Commission members for reasonable expenses incurred in the exercise of their duties, but neither the Plan Commission nor any of its members has authority to incur any expenditure or obligation on behalf of the Village without prior approval of the Village Board.
D. 
Advisors, experts and staff. The Clerk-Treasurer and Director of Public Works shall serve as standing technical advisors to the Plan Commission. The Plan Commission may, under § 62.23(1), Wis. Stats., recommend to the Village Board the employment of experts and staff and may review and recommend to the Village Board proposed payments under any contract with an expert.
E. 
Rules; records. Pursuant to § 62.23(2), Wis. Stats., the Plan Commission may adopt rules for the transaction of its business, subject to applicable Village ordinances and state law. The Plan Commission shall keep a record of its proceedings, including resolutions, transactions, findings, determinations, motions, recommendations, correspondence, and minutes, all of which shall be a public record under §§ 19.21 to 19.39, Wis. Stats.
F. 
Officers.
(1) 
Chairperson. The Plan Commission shall elect one of its members as its Chairperson. The election may be by open vote or secret ballot under § 19.88(1), Wis. Stats. The term of the Chairperson shall be concurrent with such person's current term as a member of the Plan Commission, at which time the office of Chairperson shall be deemed vacant and a new Chairperson elected. The Chairperson shall, subject to Village ordinances and Commission rules:
(a) 
Provide leadership to the Commission.
(b) 
Set Commission meeting and hearing dates.
(c) 
Provide notice of Commission meetings and hearings and set their agendas, personally or by designee.
(d) 
Preside at Commission meetings and hearings.
(e) 
Ensure that all applicable laws are followed.
(2) 
Vice Chairperson. The Plan Commission may elect, by open vote or secret ballot under § 19.88(1), Wis. Stats., a Vice Chairperson to act in the place of the Chairperson when the Chairperson is absent or incapacitated for any cause.
(3) 
Secretary. The Village Board may designate the Village Clerk-Treasurer or his or her designee to serve as Secretary of the Plan Commission. If the Village Board does not so designate, the Plan Commission shall elect, by open vote or secret ballot under § 19.88(1), Wis. Stats., one of its members to serve as Secretary.
(4) 
Succession; no term limits. Any officer of the Plan Commission may succeed himself or herself by accepting reelection to the office held, or election to a different office, provided that such person has been reappointed to the Plan Commission.
G. 
Commission members as local public officials. All members of the Plan Commission shall faithfully discharge their official duties to the best of their abilities as provided in the oath of office, § 19.01, Wis. Stats., in accordance with but not limited to the provisions of the Wisconsin statutes on:
(1) 
Public records, §§ 19.21 to 19.39.
(2) 
Code of Ethics for local government officials, §§ 19.42, 19.58 and 19.59.
(3) 
Open meetings, §§ 19.81 to 19.89.
(4) 
Misconduct in office, § 946.12.
(5) 
Private interest in public contracts, § 946.13.
H. 
General and miscellaneous powers. The Plan Commission, under § 62.23(4), Wis. Stats., shall have the power:
(1) 
To make reports and recommendations relating to the plan and development of the Village to the Village Board, other public bodies, citizens, public utilities and organizations.
(2) 
To recommend to the Village Board programs for public improvements and the financing of such improvements.
(3) 
To receive from public officials, within a reasonable time, requested available information required for the Commission to do its work.
(4) 
To enter upon land in the performance of its duties to make examinations and surveys, and place and maintain necessary monuments and marks thereon, provided that entry shall not be made on private land without the permission of the landowner or tenant except to the extent that the private land is held open to the general public. If such permission has been refused, entry may be made under the authority of an inspection warrant issued for cause under § 66.0119, Wis. Stats., or other court-issued warrant or order.
I. 
Village comprehensive planning: general authority and requirements.
(1) 
The Plan Commission shall make and adopt a Comprehensive Plan under §§ 62.23 and 66.1001, Wis. Stats., which contains the elements specified in § 66.1001(2), Wis. Stats., and follows the procedures in § 66.1001(4), Wis. Stats. The Plan Commission shall complete its work on the Comprehensive Plan within the time period directed by the Village Board.
(2) 
In this section the requirement to "make" the plan means that the Plan Commission shall ensure that the plan is prepared, and oversee and coordinate the preparation of the plan, whether the work is performed by the Village Plan Commission, Village staff, another unit of government, the regional planning commission, a consultant, citizens, an advisory committee, or any other person or organization.
J. 
Procedure for adoption and recommendation of Comprehensive Plan or amendment. To ensure the requirements of § 66.1001(4), Wis. Stats., are met, the Plan Commission shall proceed as follows:
(1) 
Public participation verification. Prior to beginning work on a Comprehensive Plan, the Plan Commission shall verify that the Village Board has adopted written procedures designed to foster public participation in every stage of preparation of the Comprehensive Plan. These written procedures shall include open discussion, communication programs, information services and noticed public meetings. These written procedures shall further provide for wide distribution of proposed, alternative, or amended elements of the Comprehensive Plan and shall provide an opportunity for written comments to be submitted by members of the public to the Village Board and for the Village Board to respond to such written comments.
(2) 
Resolution. The Plan Commission, under § 66.1001(4)(b), Wis. Stats., shall recommend its proposed Comprehensive Plan or amendment to the Village Board by adopting a resolution by a majority vote of the entire Plan Commission. The vote shall be recorded in the minutes of the Plan Commission. The resolution shall refer to maps and other descriptive materials that relate to one or more elements of the Comprehensive Plan. The resolution adopting a Comprehensive Plan shall further recite that the requirements of the Comprehensive Plan law have been met, under § 66.1001, Wis. Stats., namely that:
(a) 
The Village Board adopted written procedures to foster public participation and that such procedures allowed public participation at each stage of preparing the Comprehensive Plan;
(b) 
The plan contains the nine specified elements and meets the requirements of those elements;
(c) 
The maps and other descriptive materials relate to the plan;
(d) 
The plan has been adopted by a majority vote of the entire Plan Commission, which the Secretary is directed to record in the minutes; and
(e) 
The Plan Commission Secretary is directed to send a copy of the Comprehensive Plan adopted by the Commission to the governmental units specified in § 66.1001(4), Wis. Stats., and Subsection J(3) of this section.
(3) 
Transmittal. One copy of the Comprehensive Plan or the amendment adopted by the Plan Commission for recommendation to the Village Board shall be sent to:
(a) 
Every governmental body that is located in whole or in part within the boundaries of the Village, including any school district, lake rehabilitation district or other special district.
(b) 
The clerk of every city, village and town that is adjacent to the Village.
(c) 
The Clerk of Sheboygan County.
(d) 
The Wisconsin Land Council.
(e) 
The Wisconsin Department of Administration.
(f) 
The Bay Lake Regional Planning Commission.
(g) 
The Eastern Shores Library System.
K. 
Plan implementation and administration.
(1) 
Ordinance development. If directed by action of the Village Board, the Plan Commission shall prepare the following:
(a) 
Ordinance amendments. Proposed amendments to the Village's ordinances relating to comprehensive planning and land use.
(b) 
Nonregulatory programs. Proposed nonregulatory programs to implement the Comprehensive Plan, including programs relating to topics such as education, economic development and tourism promotion, preservation of natural resources through the acquisition of land or conversation easement, and capital improvement planning.
(2) 
Program administration. The Plan Commission shall have the following powers:
(a) 
Conditional use permits. The Zoning Administrator shall refer applications for conditional use permits to the Plan Commission for review and recommendation to the Village Board.
(b) 
Subdivision review. Proposed plats under Ch. 236, Wis. Stats., and other divisions of land requiring Village approval shall be referred to the Plan Commission for review and recommendation to the Village Board.
(3) 
Consistency. Any ordinance, amendment or program proposed by the Plan Commission, and any Plan Commission approval, recommendation for approval or other action under Village ordinances or programs that implement the Village's Comprehensive Plan under §§ 62.23 and 66.1001, Wis. Stats., shall be consistent with that plan. If any such Plan Commission action would not be consistent with the Comprehensive Plan, the Plan Commission shall use this as information to consider in updating the Comprehensive Plan.
L. 
Referrals to the Plan Commission.
(1) 
Required referrals under § 62.23(5), Wis. Stats. The following shall be referred to the Plan Commission for report:
(a) 
The location and architectural design of any public building.
(b) 
The location of any statue or other memorial.
(c) 
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 or playground, airport, area for parking vehicles or other memorial or public grounds.
(d) 
The location, extension, abandonment or authorization for any publicly or privately owned public utility.
(e) 
All plats under the Village's jurisdiction under Ch. 236, Wis. Stats., including divisions under a Village subdivision or other land division ordinance adopted under § 236.45, Wis. Stats.
(f) 
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.
(g) 
The amendment or appeal of any ordinance adopted under § 62.23, Wis. Stats., including ordinances relating to the Plan Commission, the master plan or comprehensive plan under § 66.1001, Wis. Stats., and official map and Village zoning.
(2) 
Required referrals under sections of the Wisconsin Statutes other than § 62.23(5), Wis. Stats. The following shall be referred to the Plan Commission for report:
(a) 
An application for initial licensure of a child welfare agency or group home under § 48.68(3), Wis. Stats.
(b) 
An application for initial licensure of a community-based residential facility under § 50.03(4), Wis. Stats.
(c) 
Proposed designation of a street, road or public way, or any part thereof, wholly within the jurisdiction of the Village, as a pedestrian mall under § 66.0905, Wis. Stats.
(d) 
Matters relating to the establishment or termination of an architectural conservancy district under § 66.1007, Wis. Stats.
(e) 
Matters relating to the establishment of a reinvestment neighborhood required to be referred under § 66.1107, Wis. Stats.
(f) 
Matters relating to the establishment or termination of a business improvement district required to be referred under § 66.1109, Wis. Stats.
(g) 
A proposed housing project under § 66.1211(3), Wis. Stats.
(h) 
Matters relating to urban redevelopment and renewal in the Village required to be referred under Subch. XIII of Ch. 66, Wis. Stats.
(i) 
The adoption or amendment of a Village subdivision or other land division ordinance under § 236.45(4), Wis. Stats.
(j) 
Any other matter required by the Wisconsin statutes to be referred to the Plan Commission.
(3) 
Discretionary referrals. The Village Board or other Village officer or body with final approval authority or referral authorization under the Village ordinances may refer any of the following to the Plan Commission for report:
(a) 
Proposed regulations or amendments relating to historic preservation under § 60.64, Wis. Stats.
(b) 
A proposed driveway access ordinance or amendment.
(c) 
A proposed Village zoning ordinance or amendment adopted under authority separate from or supplemental to § 62.23, Wis. Stats., including construction site erosion control and stormwater management zoning ordinances under § 61.354, Wis. Stats.
(d) 
A proposed site plan.
(e) 
A proposed extraterritorial zoning ordinance or a proposed amendment to an existing ordinance.
(f) 
A proposed boundary change pursuant to an approved cooperative plan agreement under § 66.0307, Wis. Stats., or a proposed boundary agreement under § 66.0225, Wis. Stats., or other authority.
(g) 
A proposed zoning ordinance or amendment pursuant to an agreement and any approved cooperative plan under § 66.0307(7m), Wis. Stats.
(h) 
Any proposed plan, element of a plan or amendment to such plan or element developed by the regional planning commission and sent to the Village for review or adoption.
(i) 
Any proposed contract for the provision of information, or the preparation of the Comprehensive Plan, an element of a plan or an implementation measure between the Village and the regional planning commission, another unit of government, a consultant or any other person or organization.
(j) 
A proposed ordinance, regulation or plan, or amendment to the foregoing, relating to a mobile home park under § 66.0435, Wis. Stats.
(k) 
A proposed agreement, or proposed modification to such agreement, to establish an airport affected area under § 66.1009, Wis. Stats.
(l) 
A proposed Village airport zoning ordinance under § 114.136(2), Wis. Stats.
(m) 
A proposal to create tax incremental financing in the Village under § 66.1106, Wis. Stats.
(n) 
Any other matter required by any Village ordinance or Village Board directive to be referred to the Plan Commission.
(o) 
A proposed intergovernmental cooperation agreement under § 66.0301, Wis. Stats., or other statute affecting land use, or a municipal revenue sharing agreement under § 66.0305, Wis. Stats.
(4) 
Referral period. No final action may be taken by the Village Board or any other office or body with final authority on the matter referred to the Plan Commission until the Commission has made its report or 30 days, or such longer period as stipulated by the Village Board, has passed since referral. The thirty-day period for referrals required by the Wisconsin Statutes may be shortened only if so authorized by statute. The thirty-day referral period for matters subject to referral under the Village's ordinances but not required to be referred under the Wisconsin Statutes may be made subject by the Village Board to a referral period shorter or longer than 30 days if deemed advisable.
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. 
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 19.98, Wis. Stats.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
C. 
Minutes. The secretary of each board and commission shall file a copy of the meeting minutes of such board or commission with the Village Clerk-Treasurer.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
A. 
Residency. No person not a resident of and not residing in the Village of Howards Grove shall be appointed in a voting capacity to any Village board or commission. 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.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
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 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.[2]
[2]
Editor's Note: Original Sec. 2-4-5(c), Appointments, of the 1993 Code of Ordinances and which immediately followed this subsection, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II).