[HISTORY: Adopted by the Village Board of the Village of Dane 4-1-1996 as Title 2, Ch. 4, of the 1996 Code. Amendments noted where applicable.]
Composition. The Board of Review of the Village of Dane shall be composed of the Village President, Clerk-Treasurer and four Village Trustees. 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.
Compensation. The members of the Board of Review shall receive compensation as determined by resolution of the Village Board.
Duties. The duties and functions of the Board of Review shall be as prescribed in §§ 70.46 and 70.47, Wis. Stats.
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), Wis. Stats., and shall designate the hours of the annual Board of Review by separate resolution. 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.
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 Dane 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.
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 520, 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 be removable by the Village Board for cause upon written charges and upon public hearing. The Village President shall designate one of the members as Chairperson.
The Zoning Board of Appeals shall have the following powers:
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 Chapter 520, Zoning, or any ordinance adopted under § 62.23, 61.35 or 62.231 (wetlands), 87.30 or 281.31 (floodplains) or Ch. 91 (farmland preservation), Wis. Stats.
To authorize, upon appeal in specific cases, such variance from the terms of Chapter 520, Zoning, 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 Chapter 520, Zoning, 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.
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 in the premises. If a quorum is present, the Zoning 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 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.
Meeting and rules.
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.
Editor's Note: See §§ 19.81 to 19.98, Wis. Stats.
Special meetings may be called by the Chairperson or by the Clerk 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.
A quorum for any meeting or hearing shall consist of four members, but a lesser number may meet and adjourn to a specified time.
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 this Code or with the applicable Wisconsin Statutes.
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.
Offices. The Village Board shall provide suitable offices for holding hearings and the presentation of records, documents and accounts.
The Village Plan Commission, as defined herein and as established in § 62.23(1), Wis. Stats., is the Village Plan Commission referred to in this section.
Purpose. The purpose of this section is to establish a Village of Dane Plan Commission and set forth its organization, powers and duties, to further the health, safety, welfare and informed use of resources for the benefit of current and future residents of the Village and affected neighboring jurisdictions, through the adoption and implementation of comprehensive planning with significant citizen involvement.
Authority; establishment. The Village Board hereby exercises its Village powers and establishes a seven-member Plan Commission under §§ 61.35 and 62.23, Wis. Stats. The Plan Commission shall be considered the "Village Planning Commission" under § 236.45, Wis. Stats., which authorizes, but does not require, Village adoption of a subdivision or other land division ordinance.
Membership. The Plan Commission shall always have at least five citizen members who are not Village officials; the other two members consist of one community business owner and one Village Board member, who shall serve as the Plan Commission Chairperson. The Public Works Director shall be an active member as an ex officio of the Plan Commission, with the right and duty to participate in all deliberations and actions, but without vote.
Appointments. The Village President shall appoint the members of the Plan Commission, subject to Village Board approval. The Village President may appoint himself or herself as a member to the Plan Commission. In a year in which any Village Board member is elected at the spring election, any appointment or designation by the Village President shall be made after the election and qualification of the Village Trustee member as elected. Any citizen appointed to the Plan Commission shall take and file the oath of office within five days of notice of appointment, as provided under § 19.01, Wis. Stats.
Terms of office. The term of office for the Plan Commission Chairperson and each Commission member shall be for a period of three years, ending on May 1, or until a successor is appointed and qualified, except:
Initial terms. The citizen members initially appointed to the Plan Commission shall be appointed for staggered terms.
Village Trustee or President. The Plan Commission member who is a Village Board member or Village President, the person designated the Plan Commission Chairperson, shall serve for a period of two years, as allowed under § 66.0501(2), Wis. Stats., concurrent with his or her term on the Village Board, except an initial appointment made after May 1 shall be for a term that expires two years from the previous May 1.
Vacancies. A person who is appointed to fill a vacancy on the Plan Commission shall serve for the remainder of the term.
Compensation; expenses. No compensation will be provided to Plan Commission members, unless otherwise determined by resolution of the Village Board. Reimbursement will be provided for travel and attendance at relevant professional seminars and conferences.
Experts and staff. The Plan Commission may, under § 62.23(1), Wis. Stats., recommend to the Village Board the employment of experts and staff and may review and recommend to the approval authority proposed payments under any contract with an expert.
Rules; records. The Plan Commission, under § 62.23(2), Wis. Stats., may adopt rules for the transaction of its business, subject to Village ordinances, and shall keep a record of its resolutions, transactions, findings and determinations, which shall be public records under §§ 19.21 through 19.39, Wis. Stats.
Chairperson and officers.
Chairperson. The Plan Commission Chairperson shall be appointed and serve a term as provided in Subsections E and F of this section. The Chairperson shall, subject to Village ordinances and Commission rules:
Vice Chairperson. The Plan Commission may elect, by open vote or secret ballot under § 19.88(1), Wis. Stats., a Vice Chairperson to act in the place of the Chairperson when the Chairperson is absent or incapacitated for any cause.
Secretary. The Plan Commission shall elect, by open vote or secret ballot under § 19.88(1), Wis. Stats., one of its members to serve as Secretary or, with the approval of the Village Board, designate the Village Clerk-Treasurer, who shall be an ex officio member of the Plan Commission and its Secretary, with the right and duty to participate in all deliberations and actions, but without vote.
Commission members as local public officials. All members of the Plan Commission shall faithfully discharge their official duties to the best of their abilities, as provided in the oath of office, § 19.01, Wis. Stats., in accordance with, but not limited to, the provisions of the Wisconsin Statutes on public records, §§ 19.21 through 19.39, Wis. Stats.; Code of Ethics for Local Government Officials, §§ 19.42, 19.58 and 19.59, Wis. Stats.; open meetings, §§ 19.81 through 19.89, Wis. Stats.; misconduct in office, § 946.12, Wis. Stats.; and private interests in public contracts, § 946.13, Wis. Stats. Commission members shall further perform their duties in a fair and rational manner and avoid arbitrary actions.
General and miscellaneous powers. The Plan Commission, under § 62.23(4), Wis. Stats., shall have the power:
Necessary to enable it to perform its functions and promote Village planning.
To make reports and recommendations relating to the plan and development of the Village to the Village Board, other public bodies, citizens, public utilities and organizations.
To recommend to the Village Board programs for public improvements and the financing of such improvements.
To receive from public officials, within a reasonable time, requested available information required for the Commission to do its work.
For itself, its members and employees, in the performance of their duties, to enter upon land, make examinations and surveys, and place and maintain necessary monuments and marks thereon. However, entry shall not be made upon private land, except to the extent that the private land is held open to the general public, without the permission of the landowner or tenant. If such permission has been refused, entry shall be made under the authority of an inspection warrant issued for cause under § 66.0119, Wis. Stats., or other court-issued warrant.
Village comprehensive planning: general authority and requirements.
The Plan Commission shall make and adopt a Comprehensive Plan under §§ 62.23 and 66.1001, Wis. Stats., which contains the elements specified in § 66.1001(2), Wis. Stats., and follows the procedures in § 66.1001(4), Wis. Stats.
The Plan Commission shall make and adopt the Comprehensive Plan within the time period directed by the Village Board.
In this subsection, the requirement to "make" the plan means that the Plan Commission shall ensure that the plan is prepared and oversee and coordinate the preparation of the plan, whether the work is performed for the Village by the Plan Commission, Village staff, another unit of government, the Regional Planning Commission, a consultant, citizens, an advisory committee, or any other person, group or organization.
Procedure for Plan Commission adoption and recommendation of a Village Comprehensive Plan or amendment. The Plan Commission, in order to ensure that the requirements of § 66.1001(4), Wis. Stats., are met, shall proceed as follows:
Public participation verification. Prior to beginning work on a Comprehensive Plan, the Plan Commission shall verify that the Village Board has adopted written procedures designed to foster public participation in every stage of preparation of the Comprehensive Plan. These written procedures shall include open discussion, communication programs, information services and noticed public meetings. These written procedures shall further provide for wide distribution of proposed, alternative or amended elements of a Comprehensive Plan and shall provide an opportunity for written comments to be submitted by members of the public to the Village Board and for the Village Board to respond to such written comments.
Resolution. The Plan Commission, under § 66.1001(4)(b), Wis. Stats., shall recommend its proposed Comprehensive Plan or amendment to the Village Board by adopting a resolution by a majority vote of the entire Plan Commission. The vote shall be recorded in the minutes of the Plan Commission. The resolution shall refer to maps and other descriptive materials that relate to one or more elements of the Comprehensive Plan. The resolution adopting a Comprehensive Plan shall further recite that the requirements of the comprehensive planning law have been met under § 66.1001, Wis. Stats., namely that:
The Village Board adopted written procedures to foster public participation and that such procedures allowed for public participation at each stage of preparing the Comprehensive Plan.
The plan contains the nine specified elements and meets the requirements of those elements.
The (specified) maps and (specified) other descriptive materials relate to the plan.
The plan has been adopted by a majority vote of the entire Plan Commission, which the Clerk or Secretary is directed to record in the minutes.
The Plan Commission Clerk or Secretary is directed to send a copy of the Comprehensive Plan adopted by the Commission to the governmental units specified in § 66.1001(4), Wis. Stats., and this section.
Transmittal. One copy of the Comprehensive Plan or amendment adopted by the Plan Commission for recommendation to the Village Board shall be sent to all parties as required under § 66.1001, Wis. Stats.
Plan implementation and administration. The rules and regulations that are developed with the Plan Commission shall be amended to the Code when accepted by the Village Board by majority vote and published in the designated paper.
Consistency. Any ordinance, amendment or program proposed by the Plan Commission, and any Plan Commission approval, recommendation for approval or other action under Village ordinances or programs that implement the Village's Comprehensive Plan under §§ 62.23 and 66.1001, Wis. Stats., shall be consistent with that plan. If any such Plan Commission action would not be consistent with the Comprehensive Plan, the Plan Commission shall use this as information to consider in updating the Comprehensive Plan.
Regular meetings; public notice.
Every board, committee and commission created by or existing under the ordinances of the Village shall:
Schedule a date, time and place for its meetings;
Post, or when necessary publish, notice in accordance with Chapter 135 of this Code, in advance of each such regular meeting, of the date, time, and place thereof, in compliance with state law; and/or
Post and/or publish an agenda of the matters to be taken up at such meeting.
A separate public notice shall be given for each meeting at a time and date reasonably proximate to the time and date of the meeting, but not less than 24 hours prior to the commencement of such meeting, unless otherwise authorized by law.
Notice to members. Every member of any board, commission or committee of the Village of Dane shall be notified by the 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.
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.
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 Clerk with the Village Clerk-Treasurer within one week of the meeting date.