[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.]
A.
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.
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), 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.
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 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.
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 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.
[Amended 9-10-2012 by Ord. No. 2012-04]
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 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.[1]
[1]
Editor's Note: Original Sec. 2-4-2(b)(2), which immediately
followed this subsection, was repealed 9-10-2012 by Ord. No. 2012-04.
(b)
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.
(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 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.[2]
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 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.[3]
[3]
Editor's Note: See §§ 19.81 to 19.98, Wis.
Stats.
(2)
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.[4]
(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 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.
(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.[6]
D.
Offices. The Village Board shall provide suitable offices for holding
hearings and the presentation of records, documents and accounts.
[Added 7-6-2010]
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.
A.
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.
B.
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.
[Amended 9-10-2012 by Ord. No. 2012-04f]
C.
Membership. The Plan Commission shall consist of seven voting members
as follows: the Village President, who shall serve as the Plan Commission
Chairperson, one Village business owner or Village Board Trustee,
and five citizen members who are not Village officials. 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.
[Amended 5-1-2023 by Ord. No. 2023-01]
D.
Appointments. The Village President shall appoint the members of
the Plan Commission, subject to Village Board approval. 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.
[Amended 5-1-2023 by Ord. No. 2023-01]
E.
Terms of office. The term of office for each Commission member shall
be for a period of three years, ending on May 1, or until a successor
is appointed and qualified, except:
[Amended 5-1-2023 by Ord. No. 2023-01]
(1)
Initial terms. The citizen members initially appointed to the Plan
Commission shall be appointed for staggered terms.
(2)
Village Trustee or President. Plan Commission members who are a Village
Board member 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.
F.
Vacancies. A person who is appointed to fill a vacancy on the Plan
Commission shall serve for the remainder of the term.
G.
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.
H.
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.
I.
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.
J.
Chairperson and officers.
(1)
(2)
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.
(3)
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.
K.
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.
L.
General and miscellaneous powers. The Plan Commission, under § 62.23(4),
Wis. Stats., shall have the power:
(1)
Necessary to enable it to perform its functions and promote Village
planning.
(2)
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.
(3)
To recommend to the Village Board programs for public improvements
and the financing of such improvements.
(4)
To receive from public officials, within a reasonable time, requested
available information required for the Commission to do its work.
(5)
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.
M.
Village comprehensive planning: general authority and requirements.
(1)
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.
(2)
The Plan Commission shall make and adopt the Comprehensive Plan within
the time period directed by the Village Board.
(3)
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.
N.
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:
(1)
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.
(2)
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:
(a)
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.
(b)
The plan contains the nine specified elements and meets the
requirements of those elements.
(c)
The (specified) maps and (specified) other descriptive materials
relate to the plan.
(d)
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.
(e)
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.
(3)
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.
O.
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.
P.
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.
A.
Regular meetings; public notice.
(1)
Every board, committee and commission created by or existing under
the ordinances of the Village shall:
(a)
Schedule a date, time and place for its meetings;
(b)
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
[Amended 9-10-2012 by Ord. No. 2012-04]
(c)
Post and/or publish an agenda of the matters to be taken up
at such meeting.
(2)
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.
(3)
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.
[Amended 9-10-2012 by Ord. No. 2012-04]
B.
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.
C.
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.
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 Clerk with the Village Clerk-Treasurer
within one week of the meeting date.
[Added 7-11-2017 by Ord.
No. 2017-01]
A.
Purpose.
2015 Wisconsin Act 257, effective October 1, 2016, requires each municipality
that has an active tax incremental district (TID) to create and maintain
a standing Joint Review Board to remain in existence for the entire
time that any TID exists in the municipality. The Joint Review Board
is required to meet annually to review the municipality's annual report
that describes that status of each existing TID in the municipality
and is also required to undertake any other dates of a Joint Review
Board applicable to an open TID.
B.
How constituted.
(1)
The
Joint Review Board shall consist of five persons appointed as follows:
(a)
One
representative appointed by the school district that has power to
levy taxes on the property within the TID.
(b)
One
representative appointed by the technical college district that has
power to levy taxes on the property within the TID.
(c)
One
representative appointed by the county that has power to levy taxes
on the property within the TID.
(d)
One
representative appointed by the Village. This representative shall
be appointed by the President subject to confirmation by the Village
Board.
(e)
One
member of the general public. This member shall be appointed by majority
vote of the other four members at the first meeting of the standing
Joint Review Board.
(2)
If more
than one school district, more than one union high school district,
more than one elementary school district, more than one technical
college district, or more than one county has the power to levy taxes
on the property within the TID, the unit in which property of the
tax incremental district that has the greatest value is located shall
appoint that representative to the Board.
C.
Terms. The
Joint Review Board shall remain in existence for the entire time that
any TID exists in the Village. Each entity required to appoint a member
to the Joint Review Board shall be responsible for creating its own
procedure to appoint a representative to the Joint Review Board. On
or before June 1 of each year, each entity shall notify the Village
Clerk, in writing, in order to identify the person that will be representing
the entity at the upcoming annual meeting of the Joint Review Board.
That person shall be the person designated to receive notice of future
Joint Review Board meetings until the Village Clerk is notified, in
writing, that an entity has appointed a different person.
D.
Duties.
(1)
The
Joint Review Board shall meet annually on July 1, or as soon as the
annual report for any TID becomes available, in order to review the
annual report(s) and to review the performance and status of each
TID governed by the Joint Review Board.
(2)
The
Joint Review Board shall meet at any time the Village desires to create
a new TID, amend an existing project plan, have an existing TID incremental
base redetermined or incur project costs as described in § 66.1105(2)(f)1.n,
Wis. Stats., for an area that is outside of the TID's boundaries.
(4)
The Joint Review Board shall appoint the public member and elect a chairperson at the first meeting of the standing Joint Review Board. Subsequent appointments to fill vacancies of the public member or to reelect a chairperson shall occur at the annual meeting described under Subsection D(1) above or prior to the public hearing described under § 66.1105(4)(a) or (h)1, Wis. Stats., is held.
