[HISTORY: Adopted by the Village Board of the Village of Fairwater 2-11-2019 by Ord. No. 1-2019. Amendments noted where applicable.]
GENERAL REFERENCES
Administrative determinations — See Ch. 5.
Ethics — See Ch. 48.
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.
(b) 
To hear and decide special exceptions to the terms of the Village zoning and floodplain zoning regulations[1] upon which the Zoning Board of Appeals is required to pass.
[1]
Editor's Note: See Ch. 468, Floodplain Zoning, and Ch. 485, Zoning.
(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. 
Except as provided herein, the provisions of §§ 150-18 through 150-22 of this Code relating to rules of procedure for the Village Board, together with Robert's Rules of Order, shall, as far as applicable, also apply to committee, board and commission meetings.
B. 
A simple majority of the members of a board, committee or commission shall constitute a quorum.
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.