A Zoning Board of Appeals is established pursuant to § 62.23(7)(e),
Wis. Stats., to undertake the responsibilities as defined in this
chapter and state law.
A.
Administrative appeals. The Zoning Board of Appeals shall hear and
decide administrative appeals consistent with the requirements in
Article 5 where it is alleged that the Zoning Administrator or Building
Inspector 1) failed to act as required by this chapter; 2) made an
error in issuing a permit or in denying an application; 3) made an
error in enforcement; or 4) made an error in an interpretation or
any other determination. In exercising these powers, the Board may
compel the administrative official to act as required or reverse or
affirm, in whole or in part, or modify the order, requirement, decision,
or determination being appealed and may make such order, requirement,
decision, or determination as ought to be made and to that end shall
have all the powers of the officer from whom the appeal is taken.
B.
Variances. The Zoning Board of Appeals shall hear and decide variances
consistent with the requirements in Article 5.
C.
Right to enter. The Zoning Board of Appeals, its individual members, employees, and authorized agents, may enter upon land which is the subject of a pending application as set forth in § 170.203.
D.
Amendments to this code. The Zoning Board of Appeals may recommend
amendments to this chapter it deems advisable.
The Chairperson of the Zoning Board of Appeals or Acting Chairperson
may administer oaths and compel the attendance of witnesses.[1]
[1]
Editorial Note: See § 62.23(7)(e)(3), Wis. Stats.
B.
Alternates. The Village President, subject to confirmation by the
Village Board, shall appoint two alternates to the Zoning Board of
Appeals for staggered three-year terms and annually appoint one of
them as the first alternate and the other as the second alternate.[2]
[2]
Editorial Note: See § 62.23(7)(e)(2), Wis. Stats.
C.
Considerations in making appointments. Regular members and alternate
members of the Zoning Board of Appeals shall reside in the Village
of Richfield. A Village employee shall not serve as a regular member
or as an alternate.
D.
Terms. Each regular member on the Zoning Board of Appeals shall be
appointed to hold office for a period of three years, except that
for regular members two of those first appointed shall serve for one
year, two for two years, and the fifth for three years.
E.
Vacancies. Vacancies on the Zoning Board of Appeals shall be filled
for the unexpired term of any member or alternate whose term becomes
vacant.
F.
Removal. The Village President may remove a regular member or an
alternate from the Zoning Board of Appeals.
The Village President shall designate one regular member to
be the Chairperson. The Zoning Board of Appeals may designate other
such officers deemed necessary. If the Chairperson is absent for a
meeting, the Zoning Administrator or his or her designee shall call
the meeting to order and the Board shall elect a Chair for that meeting.
The Zoning Board of Appeals may adopt rules of procedure to
carry out its purposes. All such rules shall conform to this chapter,
other Village regulations, and state law and shall be filed in the
office of the Village Clerk.
Meetings of the Zoning Board of Appeals are open to the public
unless conducted in close session as authorized by state law.[1] Meetings, except for site visits, shall be conducted in
the Village Hall or in such other public place as may be selected
by the Board.
[1]
Editorial Note: See § 62.23(7)(e)(3), Wis. Stats.
The Zoning Board of Appeals shall keep minutes of its proceedings,
showing the vote of each voting member on each question, or, if absent
or failing to vote, indicating such fact.[1] The Board may amend previously adopted minutes, provided
that such revision is based on substantive evidence.
[1]
Editorial Note: See § 62.23(7)(e)(3), Wis. Stats.
Meetings are held at the call of the Chairperson of the Zoning
Board of Appeals and at such other times as the Zoning Board of Appeals
may determine.
A.
Requirements for quorum. A quorum shall consist of three voting members.
If there is not a quorum present, the fact shall be entered in the
minutes, and the meeting adjourned.
C.
Disqualification or voluntary abstention. A member shall abstain
from voting on a particular issue or shall be disqualified by majority
vote of the remaining members present when:
(1)
The member has a direct financial interest in the outcome of
the matter at issue;
(2)
The member has such close personal ties to the applicant, the
project, or to a party opposing the application that the member cannot
reasonably be expected to exercise sound judgment in the public interest;
(3)
The member would violate the code of ethics set forth in Ch.
19. Wis. Stats., or any ethics code as may be adopted by the Village;
(4)
Participation in the matter might violate the letter or spirit
of a member's code of professional responsibility; or
(5)
Another law precludes participation.
D.
Voting by alternates. The first alternate may vote only when one
of the regular members of the Board is absent or is not able to vote
on a pending matter. The second alternate may vote only when the first
alternate is absent or is not able to vote or when more than one regular
member is absent is or is not able to vote.[2]
[2]
Editorial Note: See § 62.23(7)(e)(2), Wis. Stats.
The Village Board shall establish annually the compensation
to be paid to members to defray expenses related to service on the
Board.
Members of the Zoning Board of Appeals shall take the official
oath as required by § 19.01, Wis. Stats. The Village Clerk
shall keep a copy of such oaths.
