Village of Brandon, WI
Fond Du Lac County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Village Board of the Village of Brandon 12-14-1998 as Title 2, Ch. 4, of the 1998 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Administrative determinations — See Ch. 5.
Ethics — See Ch. 48.

§ 14-1 Board of Review.

A. 
Composition. The Board of Review shall be composed of the Village President, the Village Clerk and all Village Trustees. The Village Clerk 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), 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 Brandon 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.

§ 14-2 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., Chapter 485, Zoning, of the Code of the Village of Brandon, and ordinances and this section. The laws of the state 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.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
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 or 61.351 (wetlands), § 87.30 or 281.31 (floodplains) or Chapter 91 (farmland preservation), Wis. Stats.
(b) 
To hear and decide special exceptions to the terms of the Village zoning and floodplain zoning regulations[2] upon which the Zoning Board of Appeals is required to pass.
[2]
Editor's Note: See Chs. 468 and 485.
(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.[3]
[3]
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 public utility purposes which are reasonably necessary for public convenience and welfare.[4]
[4]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(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. If a quorum is present, the Zoning Board of Appeals may take action 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.[5]
[5]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
C. 
Meetings 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.[6]
[6]
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.
(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.[7]
[7]
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 examinations and other official actions, all of which shall be immediately filed in the office of the Village Clerk 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.[8]
[8]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 14-3 Advisory Park and Cemetery Committee. [1]

A. 
Committee created. Pursuant to § 27.13 and Ch. 61, Wis. Stats., there is created an Advisory Park and Cemetery Committee for the Village of Brandon.
B. 
Composition. The Advisory Park and Cemetery Committee shall be composed of the Director of Public Works, ex officio, three members of the Village Board, appointed by the Village President, and five resident citizens of the Village, appointed by the Village President subject to confirmation by the Village Board.
C. 
Terms. In April immediately preceding the expiration of the term of any appointive member, the Village President shall appoint his successor, subject to confirmation by the Village Board, to serve for a term of three years from May 1. Each Commissioner shall hold his office until his successor is appointed and qualified.
D. 
Compensation. The members of the Committee shall serve without compensation except that to which they may be entitled by reason of other position or service in the Village.
E. 
Powers and duties. The powers and duties of the Committee shall be those prescribed in the following sections of the Wisconsin Statutes except as otherwise prohibited by law, and for purposes of this section the provisions of said sections of the Wisconsin Statutes shall be deemed severable and it is expressly declared that the Village Board would have adopted the other provisions of such sections of the Wisconsin Statutes irrespective of whether or not one or more provisions may be declared invalid, inapplicable or unadoptable in this section. The sections of the Wisconsin Statutes so adopted are §§ 27.08, 27.09, 27.10, 27.12, 27.14, and 27.15. Pursuant to § 27.11(11), Wis. Stats., the applicable powers, duties and restrictions prescribed in § 27.11, Wis. Stats., are also vested in the Committee. The following words, wherever used in such sections of the Wisconsin Statutes, shall, unless the context otherwise requires, have the following meanings:
(1) 
"City" means Village.
(2) 
"City Treasurer" means Village Treasurer.
(3) 
"Common Council" or "Council" means Village Board.
(4) 
"Comptroller" means Village Clerk.
(5) 
"Mayor" means Village President.
(6) 
"City Attorney" means Village Attorney.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 14-4 Library Board.

A. 
Organization.
(1) 
Pursuant to §§ 43.54 and 43.58, Wis. Stats., there is hereby created a Library Board for the Village consisting of five members. Membership shall consist of one Village Trustee and four citizens appointed by the Village President, subject to confirmation by the Village Board. Pursuant to § 43.54(1), Wis. Stats., up to two members of the Library Board may be residents of towns adjacent to the Village.
(2) 
Terms of such members shall be from May 1 in the year of their appointment, and thereafter each regular appointment shall be for a term of three years. Not more than one member of the Village Board shall at any one time be a member of the Library Board. Citizen members shall be appointed by the Village President, subject to confirmation by the Village Board. The Trustee member shall be appointed annually by the Village President, subject to confirmation by the Village Board. The Village President shall appoint as one of the Library Board members the school district administrator, or his representative, to represent the public school district or districts in which the library is located.
(3) 
A majority of the membership of the Board shall constitute a quorum.
(4) 
As soon as practicable after the first appointments, at a date and place fixed by the appointing officer, and annually thereafter, within 30 days after the time designated in this section for the beginning of terms, the members of the Library Board shall organize by election from among their number a President and such other officers that they deem necessary and prescribe and adopt rules and regulations for the operation of the library.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
B. 
Duties and powers. The Library Board shall have the duties and powers as prescribed by Ch. 43, Wis. Stats., and more particularly set forth in § 43.58, Wis. Stats.

§ 14-5 Police Review Committee. [1]

A. 
The Police Review Committee is hereby established pursuant to the provisions of § 61.65(1) (am), Wis. Stats. The Committee shall consist of not less than three members, none of whom may be an elected or appointed official of the Village or be employed by the Village. The Committee shall act under the provisions of § 62.13(5), Wis. Stats., in place of a board of police and fire commissioners.
B. 
The Committee members shall be appointed by the Village Board. The Village Board may provide for some payment to each member for the member's cost of serving on the Committee at a rate established by the Village Board. The Committee may select separate counsel to assist and to advise it in the performance of its functions. The Village Board shall be responsible for the reasonable fees of separate counsel. The Committee shall have authority to establish its own internal and procedural bylaws, rules, regulations and procedures in keeping with and for the purpose of facilitating the performance of its statutory functions.
[1]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 14-6 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.[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 Brandon 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 within one week of the meeting date. The Village Clerk 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.

§ 14-7 Residency requirement; attendance standards.

A. 
Residency. Except for the Library Board, no person not a resident of and not residing in the Village of Brandon shall be appointed in a voting capacity to any citizen Village board, committee or commission listed in this chapter. Any board or commission member who moves from the Village shall be removed from such board or commission but may be appointed to serve in an ex officio capacity.
B. 
Attendance standard. Members of 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.

§ 14-8 Rules of procedure; quorum.

A. 
Except as provided herein, the provisions of §§ 150-18 through 150-22 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 board, committee or commission shall constitute a quorum.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).