Town of Lowell, WI Boards, Commissions and Committees

The Board of Review shall consist of the Chairperson, Town Board Supervisors and Town Clerk.

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 Town Clerk shall provide an affidavit to the Wisconsin Department of Revenue stating whether the requirement under this section has been fulfilled.

Duties. The duties and functions of the Board of Review shall be as prescribed in §§ 70.46 and 70.47, Wis. Stats.

Meetings. The Board of Review shall meet annually on the second Monday of May, or any day within the next 30 days, at the Lowell Town Hall of the Town of Lowell, and notice of such meeting shall be published pursuant to the State Statutes. The Board, through its Clerk, shall establish its meeting hours pursuant to § 70.47(3)(b), Wis. Stats. 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.

Compensation. Compensation for Board of Review members shall be as established by the Town Board.

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.

§ 15-2 Zoning Board of Appeals.

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 295, Zoning, of the Code of the Town of Lowell and this section. The laws of the state or Town 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 Chairperson subject to confirmation by the Town Board, for a three-year term of office. The members shall be removable by the Town Board for cause upon written charges and upon public hearing. The Town President shall designate one of the members Chairman.

Powers. The Zoning Board of Appeals shall have the following powers:

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 Town zoning code or any ordinance adopted under § 62.23, § 61.35 or § 62.231 (wetlands), § 87.30 or § 281.31 (floodplains) or Chapter 91 (farmland preservation), Wis. Stats.

To hear and decide special exceptions to the terms of the Town zoning and floodplain zoning regulations upon which the Board of Appeals is required to pass.

To authorize, upon appeal in specific cases, such variance from the terms of the Town 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 Chapter 295, Zoning, 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 Chapter 295, Zoning,, 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. When a quorum is present, the Zoning Board of Appeals may take action by a majority vote of the members present to reverse any order, requirement decision, or determination appealed from, or to decide in favor of the applicant on any matter which required to decide or act upon, or to grant a variance from the requirements of Chapter 295, Zoning. 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 12 months from the date of such order unless the necessary Town or county permit is obtained within this period and/or the use or building requiring the variance is commenced within this period.

[Amended 7-13-2010 by Ord. No. 2010-1]

Meeting and rules.

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.[1]

[1]

Editor's Note: See § 19.81 et seq., Wis. Stats.

Special meetings may be called by the Chairman 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.

Hearings may be held at any regular or special meeting at the time set by the Chairman.

(4)

A quorum for any meeting or hearing shall consist of at least three members.

[Amended 7-13-2010 by Ord. No. 2010-1]

(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 Town Clerk and shall be public record. The Board shall adopt its own rules of procedure not in conflict with this Code 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 Chairman 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.

Offices. The Town Board shall provide suitable offices for holding hearings and the presentation of records, documents, and accounts.

§ 15-3 Plan Commission.

Composition. The Plan Commission shall consist of five members, who shall be the following: a Town Board member, four citizen members and one alternate member.

Appointment.

Trustee member; alternate member. The Board member shall be annually appointed by a two-thirds vote at the organizational meeting of the Town Board. An alternate Commission member shall be annually appointed by a two-thirds vote at the organizational meeting of the Town Board; the alternate Commissioner shall only become a voting member in the event of a regular Commissioner having a conflict of interest or an extended absence of three or more meetings.

Citizen members.

(a)

Two citizen members shall be appointed by the Town Chairperson, subject to Town Board confirmation, in odd-numbered years during April for a term of two years.

(b)

Two citizen members shall be appointed by the Town Chairperson, subject to Town Board confirmation, in even-numbered years during April for a term of two years.

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 Town Clerk. Three members shall constitute a quorum, but all actions shall require the affirmative approval of a majority of all of the members of the Commission.

Duties.

The Master Plan.

(a)

The Plan Commission shall make, adopt and, as necessary, amend, extend or add to the Master Plan, subject to Town Board confirmation, for the physical development of the Town, including areas outside of its boundaries which, in the Plan Commission's judgment, bear relation to the development of the Town. 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, subject to confirmation by the Town 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 Town 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 Town Board in the performance of their duties.

Matters referred to Plan Commission. The Town Board or officer of the Town 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 Town or within the territory over which the Town is given platting jurisdiction by Chapter 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.

Miscellaneous powers. The Commission may make reports and recommendations relating to the plan and development of the Town to public officials and agencies, civic, educational, professional and other organizations and citizens. It may recommend to the Town 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 Town Board. The Commission shall oversee community development block grants. The Town Board may refer to the Commission for its consideration and recommendation any matter pertaining to planning and development of land within the Town. All plats, replats and certified surveys within the Town shall be submitted to the Commission for its recommendation to the Town Board before the same are approved by the Town Board.

Compensation; oath. Compensation may be established by the Town 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 Town Clerk.

Organization. The Commission shall elect a Vice Chairman and a Secretary, and shall keep a written record of its proceedings to include all actions taken, a copy of which shall be filed with the Town Clerk.

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 Town 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.

§ 15-4 General provisions regarding meetings and public notice.

Regular meetings; public notice.

Every board, committee and commission created by or existing under the ordinances of the Town shall:

(a)

Schedule a date, time and place for its meetings;

(b)

Post, or when necessary publish, notice in or notify the official Town newspaper in advance of each such regular meeting of the date, time, and place thereof, in compliance with state law; and/or

(c)

Post and/or publish an agenda of the matters to be taken up at such meeting.

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.