[HISTORY: Adopted by the Village Board of the Village of
Kimberly 10-3-1988 as Title 2, Ch. 4, of the 1988 Code. Amendments
noted where applicable.]
GENERAL REFERENCES
Administrative review — See Ch. 7.
Fire Department — See Ch. 54.
Officers and employees — See Ch. 105.
Police Department — See Ch. 113.
Building construction — See Ch. 207.
Trees and shrubs — See Ch. 445.
Floodplain zoning — See Ch. 495.
Shoreland-wetland zoning — See Ch. 508.
Subdivision of land — See Ch. 514.
Zoning — See Ch. 525.
A.
Composition. The Board of Review shall consist of the Village President,
the Administrator, the Clerk, and three Trustees of the Village Board.
The President of the Village Board shall make the appointments, subject
to the confirmation of the Board of Trustees, at the organizational
meeting. There shall also be appointed an alternate member of the
Board who shall act in the event of absence or disability of a regular
member of the Board.
[Amended 5-18-2015 by Ord. No. 4-2015; 9-13-2021 by Ord. No. 10-2021]
C.
Meetings. The Board of Review shall meet and comply with all requirements
pursuant to § 70.47 Wis. Stats.
[Amended 5-18-2015 by Ord. No. 4-2015]
D.
Whenever
the Assessor, in the performance of the Assessor's duties, requests
or 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 the
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 3-5-2012 by Ord.
No. 3-2012]
A.
Composition. The Board of Health shall consist of three persons appointed
by the Village President, subject to Village Board confirmation. The
Village Administrator, or his designee, shall be the Board of Health's
Secretary. The Health Officer shall be an ex officio member.[1]
[1]
Editor's Note: The County Health Officer functions as the
health officer for the Village.
B.
Power of appointment. The Board of Health may appoint persons to
aid it.
C.
Responsibilities.
(1)
The Board of Health shall take such measures as shall be most effectual
for the preservation of the public health. It shall be the duty of
the Board of Health to assume the general administration of health
and sanitation laws and regulations in the Village and to attend to
the administration and enforcement of the health laws of the state
and the rules and regulations prescribed by the State Department of
Health Services and the ordinances of the Village.
(2)
The Board shall take such measures and make such rules and regulations
as shall be necessary and effectual for the preservation and promotion
of the public health in the Village. All orders and regulations of
the Board shall be published in the official newspaper and, after
publication, shall have the force and effect of ordinances, including
penalty for violation.
A.
Establishment. A 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 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 established
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 Chairperson.[1]
B.
Powers.
(1)
The 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 or 61.35, 61.351 (wetlands), 87.30
or 281.31 (floodplains) or Ch. 91 (farmland preservation), Wis. Stats.[2]
(b)
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.[3]
(c)
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 purposes which are reasonably
necessary for public convenience and welfare.
(2)
The 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 in the premises. If a quorum is
present, the Board of Appeals may take action under this subsection
by a majority vote of the members present. The grounds of every such
determination shall be stated and recorded. No order of the 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.[4]
C.
Meeting and rules.
(1)
All meetings and hearings of the 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.[5]
[5]
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.
(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 Administrator 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 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.
A.
Composition. The Village Plan Commission shall consist of the Village
President, one Trustee and five citizens. The Village President shall
be the Commission's presiding officer.
B.
Appointment.
(1)
Trustee member. The Trustee member shall be annually appointed by
a two-thirds vote at the organizational meeting of the Village Board
during the month of April of each year.
(2)
Citizen members. The five 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 Administrator. 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 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 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 Ch. 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. Unless such report from the Commission
is made within 30 days, or such longer period as may be stipulated
by the Village Board, the Board or other public body or officer may
take final action without it.
(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 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.
[Added 7-6-2020 by Ord. No. 3-2020]
A.
Composition. The Village of Kimberly Library Board shall consist
of the Superintendent of the Village of Kimberly School District or
designee, and four residents of the Village, one of which may be a
trustee.
B.
Appointments. The Village President shall appoint members to the
Board with each term commencing May 1 in the year of appointment,
except for the initial year in which the Board is created. Two members
shall be appointed for two years, two members for three years, and
one member for four years. Thereafter, each regular appointment shall
be for a term of three years, except for a trustee appointment which
is limited to the two-year term the trustee serves on the Village
Board.
C.
Powers and duties. The Village of Kimberly Library Board shall have the duties and powers as prescribed by Wis. Stats. Ch. 43.
D.
Compensation. Members of the Village of Kimberly Library Board shall
serve without compensation.
A.
Appointment.
(1)
The Kimberly Water Commission shall consist of four members appointed
by the Village President, subject to Village Board confirmation.
(2)
The term of any Commissioner appointed hereunder shall be for a period
of three years, commencing on the first day of October, except that
in the event of the resignation, death or incapacity of any Commissioner
a new Commissioner shall be appointed to fill the unexpired term,
and upon expiration of the term, a member shall be appointed for a
full term of three years.
[Amended 3-5-2012 by Ord. No. 3-2012]
(3)
The President of the Village shall be a member ex officio and shall
serve without compensation.
(4)
The Village Administrator shall act as Secretary of the Commission.
He/she shall not have a vote nor shall he/she receive any compensation,
other than his/her Village salary for this duty.
B.
Officers. One member of the Commission shall be elected Chairperson
by a majority vote of the Commission annually at the regular meeting
in October.
[Amended 11-5-2012 by Ord. No. 10-2012]
C.
Compensation.
(1)
The salaries of Commission members will be set by the Village Board
from time to time, which shall be in lieu of all fees and other remunerations,
except expenses actually incurred while on official business. Such
compensation and expenses shall be paid out of the receipts of said
utility as part of the operating expenses thereof. The Chairperson
shall be compensated $1,700 annually and Commissioners $1,300 annually. These
compensation adjustments shall become effective with the first payroll
of the year 2023.[1]
[Amended 6-13-2022 by Ord. No. 6-2022]
[1]
Editor's Note: Original Sec. 2-4-6(c)(2), pertaining to forfeiture
of part of salary for absence from a meeting, which immediately followed
this section, was repealed 3-5-2012 by Ord. No. 3-2012.
(2)
All members shall be residents of the Village of Kimberly. The membership
of a member who ceases to reside in Kimberly shall automatically terminate,
and a new member shall be appointed to fill the unexpired term.
D.
Authority of Commission.
(1)
The Commission may command the services of the Village Engineer and
may employ and fix the compensation of such subordinate agents and
employees as may be necessary. It shall make all necessary rules for
its own proceedings and for the government and management of its department
and the waterworks plant and systems, and keep the necessary books
of account and records in a manner and form prescribed by the Public
Service Commission of Wisconsin, which books and records shall be
open to the public and subject to the inspection of all persons interested
and concerned at reasonable times and hours.
(2)
The Commission shall supervise all extensions and improvements of
said waterworks plant and systems.
(3)
The Commission is given power to contract directly for expenditures
required in operating said utility and power to contract directly
for extensions, additions and improvements but only to the extent
that it has money currently available to pay for such expenditures,
extensions and improvements, and all written contracts of whatever
nature must be signed by the Village President and countersigned by
the Village Administrator. The Commission shall not make any contracts
of any nature without the approval of the Village Board that would
require the Commission to borrow money or require the Village to levy
a tax.
(4)
The Commission shall have the power to make and enforce all necessary
rules, bylaws and regulations for the proper running, operation and
maintenance of the utility and see that its rules and regulations
are complied with; that the assessments of the water rates and charges
of said Commission for water used and consumed are promptly made,
collected and paid. It shall prepare or cause to be prepared maps
showing the location, size and types of all water mains, valves, service
pipes, and hydrants of the entire water plant and system, disclosing
the proper references to cost records, and shall, from time to time,
make such additions, changes and alterations in and to such maps as
necessary to show all changes, additions and alterations in the physical
plant; and one of said maps shall be constantly kept in the office
of the Water Commission and one in the office of the Village Administrator;
the latter shall be open to public inspection.
[Amended 3-5-2012 by Ord. No. 3-2012]
(5)
The Commission shall have the power to require its employees to be
or become residents of the Village as a necessary requirement of their
employment. The Commission shall establish a uniform requirement of
residency.
(6)
The Commission shall have done and pay for all the necessary engineering
work on any extensions, additions and improvements initiated and carried
through by it.
A.
Composition. The Board of Fire Commissioners shall consist of five
citizens who are residents of the Village, three of whom shall constitute
a quorum. The Village President shall annually appoint, at the organizational
meeting, one member for a term of five years, subject to confirmation
by the Village Board. The Board shall keep a record of its proceedings.
Under the provisions of § 62.13, Wis. Stats., the Village
Board elects not to have the Village President as a member of the
Board.
B.
General powers of the Board.
(1)
The Board of Fire Commissioners shall have the authority to appoint
and remove the Chief of the Fire Department, who shall hold his office
during good behavior, subject to suspension or removal by the Board
for cause, in accordance with § 62.13, Wis. Stats. Members
shall continue to serve until their successors are appointed and confirmed.
(2)
The Board of Fire Commissioners shall serve as an appeals board in
case of dismissals and suspensions of Fire Department personnel.
(3)
The Fire Commissioners shall have only such authority as is set forth
in the Wisconsin Statutes. The Fire Commissioners shall conduct all
of their business and follow the rules and regulations in accordance
with and as prescribed by Wisconsin Statutes regulating fire commissions.
C.
Compensation. Fire Commissioners shall receive committee service
compensation as established from time to time by the Village Board.
D.
Scope of authority. In accordance with § 62.13, Wis. Stats.,
the Board of Fire Commissioners shall have the following specific
powers and authority:
(1)
To conduct original entrance examinations for those seeking employment
in the Fire Department at the lowest ranks and to prepare an eligible
list from the applicants successful in the examinations, including
establishment of requirement for eligibility for employment. The actual
appointments shall be made by the Fire Chief from the list certified
by the Board.
(2)
To conduct examinations for specialized or supervisory positions
in the Department when such positions cannot be filled to advantage
by promotion and to open such examinations to the general public.
(3)
To approve or disapprove the appointment made by the Fire Chief.
(4)
To appoint the Fire Chief.
(5)
To conduct hearings on discharge or disciplinary actions within the
Fire Department.
(6)
To sue or be sued where necessary to carry out an express power or
duty.
A.
The Village President shall appoint five persons, subject to Village
Board confirmation, to serve on the Kimberly Alcohol and Drug Abuse
Board. Each member shall have a three-year term of office.
B.
The Board shall be an advisory and planning group to the Village
Board to assist in educating the public and recommending programs
to reduce alcohol and drug abuse.
A.
Creation and establishment. There is hereby created and established
a Village Tree Board for the Village of Kimberly, which shall consist
of five members, citizens and residents of this Village, who shall
be appointed by the Village President with the approval of the Village
Board.
B.
Term of office. The term of persons appointed to the Tree Board shall
be three years, except that the term of two of the members appointed
to the first Board shall be for only one year and the term of two
members of the first Board shall be for two years. In the event that
a vacancy shall occur during the term of any member, his successor
shall be appointed for the unexpired portion of the term.
C.
Compensation. Members of the Board shall serve without compensation.
D.
Duties and responsibilities. It shall be the responsibility of the
Tree Board to study, investigate, counsel and develop and/or update
annually and administer a written plan for the care, preservation,
pruning, planting, replanting, removal or disposition of trees and
shrubs in parks, along streets and in other public areas. Such plan
will be presented annually to the Village Board and, upon its acceptance
and approval, shall constitute the official comprehensive Village
tree plan for the Village of Kimberly. The Tree Board, when requested
by the Village Board, shall consider, investigate, make findings,
report and recommend upon any special matter or question coming within
the scope of its work.
E.
Operation. The Tree Board shall choose its own officers, make its
own rules and regulations and keep a journal of its proceedings. A
majority of the members shall be a quorum for the transaction of business.
F.
Review by Village Board. The Village Board shall have the right to
review the conduct, acts and decisions of the Village Tree Board.
Any person may appeal from any ruling or order of the Village Tree
Board to the Village Board, which may hear the matter and make a final
decision.
[Amended 3-5-2012 by Ord.
No. 3-2012; 3-5-2018 by Ord. No. 5-2018]
A.
Composition. The Board of Fox Valley Metropolitan Police Commissioners
shall consist of six citizens, three appointed by the Village of Kimberly
and three appointed by the Village of Little Chute. A majority of
the Commissioners is a quorum. Each regular appointment shall be for
a term of three years with such appointment to be made between the
last Monday of April and the first Monday of May pursuant to §§ 61.65(3g)
and 62.13, Wis. Stats. Upon appointment of initial members, the members
of the Commission shall elect a President, Vice President and Secretary,
and thereafter annually, following the appointment of members for
regular terms. The President shall vote only when necessary to break
a tie vote of the members.
B.
General powers of the board. Upon establishment of the Fox Valley
Metropolitan Police Commission, the Commission shall have the following
duties:
(1)
Appoint a Police Chief for the Fox Valley Metropolitan Police Department.
(2)
Determine the classification of subordinates for the Fox Valley Metropolitan
Police Department, with the advice from the Police Chief.
(3)
Approve the appointment of subordinates to the classification in
the Fox Valley Metropolitan Police Department, as appointed by the
Police Chief.
(4)
Exercise all authority conferred upon such Commission by law, expressly
recognizing that such Commission does not maintain "optional powers"
as defined by § 62.13(6), Wis. Stats.
(5)
Authority to hire, discharge and discipline employees as provided
in § 62.13(5) and (6m), Wis. Stats., and shall be responsible
for policy and procedures pertaining to promotions and discipline.
(6)
Schedule a date, time and place for its meetings. Meetings shall
be held on a regular basis.
C.
Commissioners' compensation. Fox Valley Metropolitan Police Commission
members shall receive committee service compensation as established
from time to time by the Village Boards of Kimberly and Little Chute.
D.
Scope of authority specified. In accordance with § 61.65,
Wis. Stats., and other applicable statutes, the Fox Valley Metropolitan
Police Commissioners shall have the following specific power and authority:
(1)
To conduct original entrance examinations for those seeking employment
in the Fox Valley Metropolitan Police Department at the lowest ranks
and to prepare an eligible list from the applicants successful in
the examinations, including establishment of requirements for eligibility
for employment. The actual appointments shall be made by the Police
Chief from the list certified by the Commissioners.
(2)
To conduct examinations for specialized or supervisory positions
in the Department when such positions cannot be filled to advantage
by promotion and to open such examinations to the general public.
(3)
To approve or disapprove the appointments made by the Police Chief.
(4)
To appoint the Police Chief.
(5)
To conduct hearings on discharge or disciplinary actions within the
Fox Valley Metropolitan Police Department.
(6)
To sue or be sued where necessary to carry out an express power or
duty.
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, at the front door of the Municipal Complex, 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 to 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 or commission with
the Village Administrator.
[Amended 3-5-2012 by Ord.
No. 3-2012]
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 and the Police Commission.
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.
