[HISTORY: Adopted by the Village Board of the Village of
Fairwater 2-11-2019 by Ord. No.
1-2019. Amendments noted where applicable.]
A.
Composition. The Board of Review shall consist of the Village President,
Village Clerk, Village Treasurer or one Trustee, annually appointed
by the Village President, subject to Village Board confirmation. In
the event of an anticipated absence by either the Village President,
Village Clerk, Village Treasurer or designated Trustee, the Village
President shall appoint another Trustee to serve on the Board of Review
during such period of absence.
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 Fairwater 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 Fairwater, 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.
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.
(d)
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 public utility purposes
which are reasonably necessary for public convenience and welfare.
(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.
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.[2]
[2]
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 three 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 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.
D.
Offices. The Village Board shall provide suitable offices for holding
hearings and the preservation of records, documents, and accounts.
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.
C.
Notice to members. Every member of any board, commission or committee
of the Village of Fairwater shall be notified by the chairperson or
clerk 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 with the Village Clerk by the chairperson
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. No person not a resident of and not residing in the Village
of Fairwater 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.
A.
Composition. Pursuant to § 62.23, Wis. Stats., a Plan Commission
is created; the Village Board exercises the statutority authority
to deviate from the statutory plan commission composition. The Village
Plan Commission shall consist of five members who shall be the following:
The Village President, who shall be its presiding officer, a Village
Trustee, and three citizen members.
B.
Appointment.
(1)
Trustee member. The Trustee member shall be annually appointed by
a 2/3 vote at the organizational meeting of the Village Board.
(2)
Citizen members.
(a)
The three citizen members shall be appointed by the Village
President for staggered terms of two years, subject to Village Board
approval.
(b)
All citizen members shall be persons of recognized experience
and qualifications and shall hold office until their respective successors
are selected and qualified. Whenever a vacancy shall occur in any
citizen member, a successor shall be appointed for the unexpired term
in the manner as set forth above.
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.
D.
Duties. The Plan Commission shall perform the duties prescribed in
§ 62.23, Wis. Stats.; in addition, the Plan Commission shall
take actions required by state law necessary to establish and administer
tax incremental financing districts.
