[HISTORY: Adopted by the Village Board of the Village of
Sullivan 8-22-2006 (Title 2, Ch.
4, of the 2006 Code of Ordinances). Amendments noted where applicable.]
A.
Composition.
(1)
Membership. The Board of Review shall be composed of the Village
President and four citizens. The Village President shall annually
make the appointments at the spring organization meeting, subject
to confirmation by the Village Board. The Village Clerk-Treasurer
shall serve as Clerk of the Board of Review. The Assessor shall attend
all meetings of the Board of Review, but shall not vote.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
(2)
Alternate members. Pursuant to §§ 70.47(6m)(c) and
70.46(1), Wis. Stats., the Village Board hereby provides for the appointment
of alternates to serve on the Board of Review in the event a standing
board member of the Board of Review is removed pursuant to § 70.47(6m)(a),
Wis. Stats., or recused pursuant to § 70.47(6m)(b), Wis.
Stats. The Village Board shall establish and maintain a public list
of names and persons eligible and appointed by the Village Board to
serve as alternative members of the Board of Review. The list shall
be arranged and maintained by the Clerk-Treasurer in a priority order
of probable and likely service as an alternative. The Clerk-Treasurer
shall notify any named member who has been lawfully removed under
§ 70.47(6m)(a) or (b), Wis. Stats., and shall notify the
alternate person of his/her appointment to replace a named member
of the Board of Review. The alternate, once noticed, if he/she approves
the appointment, and he/she would not violate § 19.59, Wis.
Stats., shall then take the oath of office and act as a member of
the Board of Review under § 70.47(6m)(c), Wis. Stats.
(3)
Training requirement. No Board of Review may be constituted unless
at least one member completes in each year a training session under
§ 73.03(55), Wis. Stats. The Municipal Clerk shall provide
an affidavit to the Wisconsin Department of Revenue stating whether
the requirement under this subsection has been fulfilled.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
B.
Compensation. The members of the Board of Review shall receive compensation
as determined by resolution of the Village Board, except members who
are full-time employees/officials of the Village shall receive no
additional compensation.
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 of Review 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 Sullivan 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., the Village Zoning Code and ordinances 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 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.
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
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 62.231 (wetlands),
87.30 or 144.26 (floodplains) 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 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 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. III)]
(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 Board of Appeals may take action under this subsection 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 on which it is required to pass, or to effect any variation in the requirements of Chapter 485, 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 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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
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 closed 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.
(2)
Special meetings may be scheduled 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. Statutory notice requirements for hearings shall
be followed.
(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 Board 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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
(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. III)]
A.
Composition. The Village Plan Commission shall consist of seven members,
three must be citizens who are not municipal officials. The Village
Engineer shall serve in an ex officio capacity.
B.
Appointment; terms.
(1)
Appointment. The Village Engineer and Plan Commission members shall
be appointed by the Village President. The Village President may appoint
himself/herself and other elected or appointed officials. Three appointments
must be citizens. (The Village President shall serve as presiding
officer or may appoint the presiding officer.)
(2)
Terms. All members are appointed for three year terms, beginning
and ending in April at the organizational meeting. Appointments may
be made at any time to fill vacancies that occur during the middle
of a Commissioner's term.
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 master plan.
(a)
The Plan Commission shall make, adopt and, as necessary, amend,
extend or add to the Master 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 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 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 master 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 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, relief 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, 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 the 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.
E.
Compensation; oath. Compensation may be established by the Village
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 Village Clerk-Treasurer.
F.
Organization. As soon as all members of the first Commission shall
have been appointed, the Village Clerk-Treasurer shall give each member
a written notice of the appointment and thereon shall fix the time
and place of the first meeting, which shall be not less than five days
nor more than 10 days thereafter. Such 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 Village Clerk-Treasurer.
G.
Employees; budget. The Plan Commission shall have the power to employ
experts and such staff as may be necessary, and to pay for their services
and such other expenses as may be necessary and proper, within the
limits of the budget established by the Village Board, or placed at
its disposal through gift, and subject to any ordinance or resolution
enacted by the Village Board. As far as possible, the Commission shall
utilize the services of existing Village officials and employees.
H.
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 Village 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.
I.
Special meetings. Individuals requesting a special meeting of the
Plan Commission shall be required to pay a fee as prescribed in the
current Fees Schedule of the Village.
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 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,
and may be in the following form:
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NOTICE OF MEETING
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VILLAGE OF SULLIVAN, WISCONSIN
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(commission)
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Please take notice that a meeting of the (commission) of the
Village of Sullivan will be held on (date), 20 _____, at (time) p.m.,
at the Sullivan Municipal Building, in Room _____ to consider the
following:
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1.
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(Agenda items set forth).
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2.
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Such other matters as authorized by law.
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Dated:
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_____ (Commission)_____
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By:
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The Sullivan Municipal Building is accessible to the physically
disadvantaged. If special accommodations for visually or hearing impaired
individuals are needed, please contact the Sullivan Clerk-Treasurer
at (telephone). Members of the Sullivan Village Board may be in attendance.
| |
C.
Notice to members. Every member of any board, commission or committee
of the Village of Sullivan shall be notified by the secretary 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 by its secretary with the Village Clerk-Treasurer
within one week of the meeting date. The Village Clerk-Treasurer 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 and 19.89, Wis. Stats.
A.
Residency. No person not a resident of and not residing in the Village
of Sullivan 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 board, 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.
