[HISTORY: Adopted by the Town Board of the Town of Vinland
as Title 2, Ch. 5, of the 2004 Code. Amendments noted where applicable.]
A.
Composition.
(1)
The Board of Review shall consist of the Chairperson, Town Board
Supervisors and Town Clerk.
(2)
No Board of Review may be constituted unless it includes at least
one voting member who, within two years of the Board's first meeting,
has attended a training session under § 73.03(55), Wis.
Stats., and unless that member is the municipality's chief executive
officer or that officer's designee. The Town Clerk shall provide an
affidavit to the Wisconsin Department of Revenue stating whether the
requirement under this section has been fulfilled.
B.
Duties. The duties and functions of the Board of Review shall be
as prescribed in §§ 70.46 and 70.47, Wis. Stats.
C.
Meetings. The Board of Review shall meet annually on the second Monday
of May, or any day within the next 30 days, at the Vinland Town Hall,
and notice of such meeting shall be published pursuant to the state
statutes.
D.
Compensation. Compensation for the Board of Review members shall
be as established by the Town Board.
E.
Open meetings. All meetings of the Board of Review shall be publicly
held and open to all citizens at all times. No formal action of any
kind shall be introduced, deliberated upon or adopted at any closed
session or meeting of the Board of Review.
A.
Establishment. A Zoning Board of Appeals shall be appointed and governed by the state zoning law as contained in § 62.23, Wis. Stats., the Town Zoning Code (Chapter 410, Zoning, of the Code), and ordinances under this section. The laws of the state or Town 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 Chairperson subject to confirmation by the Town Board for a three-year term of office. The members shall be removable by the Town Board for cause upon written charges and upon public hearing. The Town Chairperson shall designate one of the members as Chairperson.[1]
B.
Powers. The Zoning Board of Appeals shall have the following powers:
(1)
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 Town zoning code or any ordinance
adopted under §§ 62.23, 61.35 or 62.231 (wetlands),
87.30 or 281.31 (floodplains) or Chapter 91 (farmland preservation),
Wis. Stats.
(2)
To hear and decide special exceptions to the terms of the Town zoning
and floodplain zoning regulations upon which the Board of Appeals
is required to pass.
(3)
To authorize, upon appeal in specific cases, such variance from the terms of the Town 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 Chapter 410, 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.
(4)
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 Chapter 410, Zoning, for such purposes which are reasonably necessary for public convenience and welfare.
(5)
The Zoning Board of Appeals may reverse or affirm, wholly or in part, or may modify any order, requirement, decision or determination as in its opinion ought to 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 Chapter 410, Zoning. 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 land use permit is obtained within such period and the erection or alteration of a building is started or the use is commenced within such period.
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 on 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 Meetings Law.[2]
[2]
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 shall be held on the last Monday of each month, if needed,
or a special meeting may be set by the Chairperson.
(4)
A quorum for any meeting or hearing shall consist of four members,
but a lesser number may meet and adjourn to a specific 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 Town Clerk and shall be public record. The Board
shall adopt its own rules of procedures 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.
D.
Offices. The Town Board shall provide suitable offices for holding
hearings and the presentation of records, documents and accounts.
A.
Regular meetings; public notice.
(1)
Every board, committee and commission created by or existing under
an ordinance of the Town shall:
(a)
Schedule a date, time and place for its meetings;
(b)
Post or, when necessary, publish notice in or notify the official
Town newspaper in advance of each such regular meeting of the date,
time and place thereof, in compliance with state law; and/or
(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.
B.
Notice to members. Every member of any board, commission or committee
of the Town of Vinland 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.
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 and 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 secretary with the Town Clerk within
one week of the meeting date.
A.
Residency. No person not a legal resident of the Town of Vinland
shall be appointed in a voting capacity to any Town board, committee
or commission. Any voting board, commission or committee member who
moves from the Town shall immediately be removed from such board,
committee or commission.
B.
Attendance standard. Members of boards, commissions and committees
are required to attend a minimum of 2/3 of the meetings in each six-month
period of their respective body, 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 Town Board.
