[HISTORY: Adopted by the Village Board of the Village of
Monticello as Title 2, Ch. 4, of the 1989 Code of Ordinances. Amendments
noted where applicable.]
A.
Composition. The Board of Review shall consist of the Village President
and four Trustees of the Village Board. The Village Clerk-Treasurer
shall serve as Clerk of the Board of Review but shall not be a voting
member unless called upon to serve as an alternate member for the
Board of Review. The President of the Village Board shall make the
appointments, subject to the confirmation of the Board of Trustees,
at the annual organizational meeting.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
B.
Duties.
(1)
Duties. The duties and functions of the Board of Review shall be
as prescribed in §§ 70.46 and 70.47, Wis. Stats.
(2)
Compensation. Compensation for the members of the Board of Review
shall be as determined by the Village Board via resolution.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
C.
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, providing that
adequate notice of each adjournment is so given.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
D.
Procedure and criteria for allowing alternative forms of sworn testimony
at BOR hearings.
(1)
Procedure.
(a)
In order for a property owner or property owner's representative
to submit a request to testify by phone or submit a sworn written
statement, he or she must first comply with the followings procedures:
(b)
After the two requirements outlined above have been met, a Request
to Testify by Telephone or Submit a Sworn Written Statement at Board
of Review (Form PA-814) may be submitted to the Village Clerk. Such
requests must be submitted in time to be considered by the Board at
the first meeting of the BOR.
(c)
If you wish to waive the BOR hearing and have the assessment
reviewed in circuit court, you must file a Request for Waiver of BOR
Hearing (Form PA-813).
(2)
Criteria to be considered. The Board may consider any or all of the
following factors when decided whether to grant or deny the request:
(a)
The requester's stated reason(s) for the request as indicated
on the PA-814.
(b)
Fairness to the parties.
(c)
Ability of the requester to procure in person oral testimony
and any due diligence exhibited by the requester in procuring such
testimony.
(d)
Ability to cross-examine the person providing the testimony.
(e)
The BOR's technical capacity to honor the request.
(f)
Any other factors that the Board deems pertinent to deciding
the request.
(g)
The BOR shall hear telephone testimony of ill or disabled persons
who present the Board with a letter from a physician, osteopath, physician
assistant or advance practice nurse that confirms their illness or
disability.
[Amended by Ord. No. 2015-0520]
E.
Confidentiality of income and expense information. Whenever the Assessor,
in the performance of his or her duties, requests and 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 said information
may be revealed to and used by persons in the discharge 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),
Wis. Stats., unless a court determines that it is inaccurate, is,
per § 70.47(7)(af), Wis. Stats., not subject to the right
of inspection and copying under § 19.35(1), Wis. Stats.
[Added 6-7-2017 by Ord.
No. 2017-0607]
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
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 380, Zoning, 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 serve with compensation as determined by the Village Board and 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 Chairman.
[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 62.231 (wetlands), 87.30
(floodplains) or 281.31 (navigable waters) or Chapter 91 (farmland
preservation), Wis. Stats.
(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 proper 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 380, Zoning, for such public utility purposes which are reasonably necessary for public convenience and welfare.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(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 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.
[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 then
filed 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, § 19.81
et seq., Wis. Stats.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(2)
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.
(3)
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 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
the Code of the Village of Monticello 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.
D.
Offices. The Village Board shall provide suitable offices for holding
hearings and the preservation of records, documents, and accounts.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
A.
Composition. The Village Plan Commission shall consist of the Village
President, one Trustee, and four citizens. The Village President shall
be the Commission's presiding officer. The Village Engineer shall
serve in an ex officio capacity.
B.
Appointment.
(1)
Trustee members. The Trustee member shall be annually appointed by
a 2/3 vote at the organizational meeting of the Village Board.
(2)
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.
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
but all actions shall require the affirmative approval of a majority
of all of the members of the Commission.
D.
Duties.
(1)
The comprehensive (master) plan.
(a)
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)
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)
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 or lease 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
Chapter 236, Wis. Stats.; the location, character and extent or acquisition,
leasing or sale of lands for public or semipublic housing, slum clearance,
relic of congestion, or vacation camps for children; and the amendment
or repeal of any land use ordinance.
(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
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
and within 1 1/2 miles of the limits of the Village. All plats
or replats of any lands within the limits of Village or any lands
outside the Village and within 1 1/2 miles of the limits of the
Village shall be submitted to the Commission for its recommendation
to the Village Board before the same are approved by the Village Board.
A.
Organization; terms.
(1)
There is hereby created pursuant to Chapter 43 of the Wisconsin Statutes,
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 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 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 Chapter 43 and more particularly set forth in § 43.58
of the Wisconsin Statutes.
A.
The membership of the Ethics Board shall consist of the Village Board
and one other Village official or employee. The Village Attorney shall
furnish the Board whatever legal assistance is necessary to carry
out its functions.
B.
The Village official/employee member shall be annually appointed
at the Board's organizational meeting.
C.
The Ethics Board shall elect its own Chairman and Vice Chairman and
shall develop written rules of procedure.
D.
The Ethics Board may act upon recommendations with respect to amendments
of the Code of Ethics.
E.
Upon the sworn complaint of any person alleging facts which, if true, would constitute improper conduct under the provisions of Chapter 39, Ethics, the Ethics Board shall conduct a public hearing in accordance with all common law requirements of due process and, in written findings of fact and conclusions based thereon, make a determination concerning the propriety of the conduct of the subject official or employee and, if appropriate, refer the matter to the proper Village authority.
The Fire Board shall have the duties and responsibilities prescribed in § 48-2 of the Code of the Village of Monticello.
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, thereof; and/or
(3)
Post, at the front door of the Municipal Building, 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 and 19.89, Wis. Stats.
C.
Minutes. The secretary of each board, committee and commission shall
file a copy of the meeting minutes of such board, committee or commission
with the Village Clerk-Treasurer.
A.
Residency. No person not a resident of and not residing in the Village
shall be appointed in a voting capacity to any Village Board, committee
or commission, except the Library Board or Fire Board. Any board,
committee or commission member who moves from the Village shall be
removed from such board, committee 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 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.
