Village of Baldwin, WI
St. Croix County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Village Board of the Village of Baldwin 4-28-2004 as Title 2, Ch. 4, of the 2004 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Village Board — See Ch. 165.

§ 18-1 Board of Review.

A. 
Composition.
(1) 
The Board of Review shall be composed of the Village President, the Village Clerk-Treasurer and two or more members of the Village Board as shall be selected 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. A minimum of one member shall be certified in having had state-mandated Board of Review training.
[Amended 4-11-2012]
(2) 
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.
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. 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 Baldwin 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.

§ 18-2 Zoning Board of Appeals.

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 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, 62.231 (wetlands), 87.30 or 281.31 (floodplains) or Ch. 91 (farmland preservation), Wis. Stats.
(b) 
To hear and decide special exceptions to the terms of the Village zoning and floodplain zoning regulations upon which the Zoning Board of Appeals is required to pass.
(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.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(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 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 in the premises. The concurring vote of four members of the Zoning Board of Appeals shall be necessary 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 the Zoning Code. 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]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
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.
(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.[3]
[3]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(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 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.[4]
[4]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
E. 
Compensation. Compensation may be established by the Village Board for service on the Zoning Board of Appeals. It shall be the responsibility of the Chairperson of the Zoning Board of Appeals or his/her designee to submit a list of those members in attendance at each meeting to the Village Clerk-Treasurer. This list shall provide the documentation upon which the Village Clerk-Treasurer shall issue payment to the Zoning Board of Appeals members and Chairperson for attendance at a meeting. The Village Clerk-Treasurer shall issue payment within 30 days of submission of the list by the Chairperson or designee.
[Amended 2-9-2005[5]]
[5]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 18-3 Plan Commission.

A. 
Composition. The Village Plan Commission shall consist of seven members who shall be the following: the Village President, who shall be its presiding officer, a Village Trustee, and five citizen members.
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.
(2) 
Citizen members.
(a) 
Five citizen members shall be appointed by the Village President for staggered terms of three years.
(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-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 Comprehensive Plan.[1]
(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.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(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.
(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. Compensation may be established by the Village Board for service on the Commission. It shall be the responsibility of the Chairperson of the Commission or his/her designee to submit a list of those members in attendance at each meeting to the Village Clerk-Treasurer. This list shall provide the documentation upon which the Village Clerk-Treasurer shall issue payment to the Commission members and Chairperson for attendance at a meeting. The Village Clerk-Treasurer shall issue payment within 30 days of submission of the list by the Chairperson or designee.
[Amended 2-9-2005[2]]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
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 nor more than 10 days thereafter. Such Commission shall elect a Vice Chairperson and a Secretary.[3]
[3]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
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 Village Fee Schedule.

§ 18-4 Library Board.

A. 
Membership and terms. Pursuant to § 43.54, Wis. Stats., the Library Board shall consist of five members appointed by the Village President, subject to confirmation by the Village Board, to serve three-year terms. One member shall be a school district administrator or his/her representative, and not more than one member of the Village Board shall serve on the Library Board at any one time. Up to two members may be residents of towns adjacent to the Village.
B. 
Powers and duties. The Library Board shall have the powers and duties prescribed by § 43.58, Wis. Stats.
C. 
Budget and report. The Library Board shall submit to the Village Board an annual report and budget on September 1.

§ 18-5 Police Commission. [1]

The Police Commission shall consist of five citizens who are residents of the Village, three of whom shall constitute a quorum. The Village President shall annually, between the last Monday of April and the first Monday of May, appoint in writing, to be filed with the Secretary of the Commission, one member for a term of five years, subject to confirmation by the Village Board. No appointment shall be made which will result in more than three members of the Commission belonging to the same political party. The Commission shall keep a record of its proceedings. The Police Commission shall have the power and authority prescribed by this Code of Ordinances and by § 62.13, Wis. Stats., excepting the optional powers prescribed in § 62.13(6), Wis. Stats.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 18-6 United Civic Center Commission.

A. 
Composition. The United Civic Center Commission of the Village of Baldwin shall be composed of five members. The members shall be the chairperson of the Village Parks and Recreation Committee, two members of the Board of Directors of the Baldwin Hockey Association, and two citizen members, neither of whom shall be a Village Board member or a member of the Baldwin Hockey Association, appointed by the Village President and subject to confirmation by the Village Board. 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 members shall be appointed at the annual organizational meeting of the Village Board.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
B. 
Term. Each of the citizen members shall serve a term of two years following their appointment. The remaining members shall serve a term as determined by boards which they represent.
C. 
Compensation. The members of the Commission shall receive compensation as determined by resolution of the Village Board.
D. 
Duties and powers. The members of the Commission shall have all of the powers necessary to manage and operate the Civic Center subject to the supervision of the Village Board including, but not limited to, the right to impose, maintain and collect rates and charges for all use of the Civic Center and all services furnished and made available by and from the Civic Center to the Village of Baldwin and its residents, and to all other public and private persons, firms and corporations within and outside the corporate limits of the Village of Baldwin sufficient to operate the facility and produce net revenues sufficient of 110% of the principal and interest due each year and additional amounts if any which are sufficient to provide for depreciation of the facility.
E. 
Meetings and rules.
(1) 
All meetings and hearings of the United Civic Center Commission shall be open to the public as provided in the Wisconsin Open Meeting Law. 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],[3]
[2]
Editor's Note: See §§ 19.81 to 19.98, Wis. Stats.
[3]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(2) 
Special meetings may be called by the Chairperson at the request of two members.
(3) 
Meetings shall be held on a regular basis as established by the Chairperson.
(4) 
A quorum for any meeting shall consist of three members, but a lesser number may meet and adjourn to a specified time.[4]
[4]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(5) 
The Commission shall adopt its own rules of procedure not in conflict with the Village ordinances or with the Wisconsin Statutes.[5]
[5]
Editor's Note: Original Sec. 2-4-7, Baldwin Care Center Board, which immediately followed this section, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 18-7 Meetings and public notice.

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, and may be in the form as determined by the Village.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
C. 
Notice to members. Every member of any board, commission or committee of the Village of Baldwin 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 to 19.89, Wis. Stats.

§ 18-8 Residency requirement; attendance standards.

A. 
Residency. Except for the Library Board, no person not a resident of and not residing in the Village of Baldwin 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.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
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.

§ 18-9 Rules of procedure; quorum.

A. 
Except as provided herein, the provisions of §§ 165-17 through 165-21 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 committee or commission shall constitute a quorum.