Village of Argyle, WI
Lafayette County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Village Board of the Village of Argyle 12-7-2005 as Title 2, Ch. 4, of the 2005 Village Code. Amendments noted where applicable.]
GENERAL REFERENCES
Administrative review — See Ch. 7.
Ethics — See Ch. 31.
Village Board — See Ch. 130.
Subdivision of land — See Ch. 700.
Zoning — See Ch. 715.
A. 
Composition.
(1) 
Membership. The Board of Review shall be composed of the Village President, the Village Clerk-Treasurer, and three citizens annually appointed by the Village President, subject to Village Board confirmation. 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.
(2) 
Alternate members. 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. The Village Board shall establish and maintain a public list of names and persons eligible and appointed by the Village Board to serve as alternative members of the Board of Review. The list shall be arranged and maintained by the Clerk-Treasurer in a priority order of probable and likely service as an alternative. The Clerk-Treasurer shall notify any named member who has been lawfully removed under § 60.47(6m)(a) or (b), Wis. Stats., and shall notify the alternate person of his/her appointment to replace a named member of the Board of Review. The alternate, once noticed, if he/she approves the appointment and if he/she would not violate § 19.59, Wis. Stats., shall then take the oath of office and act as a member of the Board of Review under § 60.47(6m)(c), Wis. Stats.
(3) 
Training requirement. 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 Village Clerk-Treasurer shall provide an affidavit to the Wisconsin Department of Revenue stating whether the requirement under this section has been fulfilled.
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, providing 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 Argyle 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.
F. 
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 enabling law as contained in § 62.23, Wis. Stats., the Village Zoning Code[1] 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 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 Chairman.
[1]
Editor's Note: See Ch. 715, Zoning.
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 Village 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 Village 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 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; 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 the Zoning Code, 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 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 building/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.
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]
[2]
Editor's Note: See §§ 19.81 to 19.98, Wis. Stats.
(2) 
Special meetings may be called by the Chairman 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 Chairman.
(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 Clerk-Treasurer shall serve as Secretary to the Board of Appeals. 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 Chairman 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 presentation of records, documents, and accounts.
A. 
Organization; terms.
(1) 
There is hereby created, pursuant to Chapter 43 of the Wisconsin Statutes, a municipal 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.
(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/her 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 offices that they deem necessary to prescribe and adopt rules and regulations for the operation of the library.
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.
A. 
Composition. The Village Plan Commission shall consist of six members, who shall be the following: two Trustees and four citizen members.
B. 
Appointment.
(1) 
Trustee members. The two Trustee members shall be annually appointed by the Village President, subject to confirmation by majority vote at the organizational meeting of the Village Board.
(2) 
Citizen members. The four regular citizen members of the Commission shall be appointed by the Village President, subject to confirmation by the Village Board. The original citizen members shall be appointed upon creation of the Commission and shall hold office for a period of one, two and three years, respectively, from the succeeding first day of May, and thereafter annually during the month of April such member shall be appointed for a term of three years.
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.
D. 
Duties.
(1) 
The Master Plan.
(a) 
The Plan Commission shall make, adopt and, as necessary, amend, extend or add to the Master 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 Master 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 Master Plan as a whole by a single resolution or, as the work of making the whole Master 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 Master Plan or part thereof shall be solely to aid the Plan Commission and the Village Board in the performance of their duties.
(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 of 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. All plats, replats and certified surveys within the Village shall be submitted to the Commission for its recommendation to the Village Board before the same are approved by the Village Board.
(4) 
Compensation; oath. Compensation may be established by the Village Board for service on the Commission. Citizen members shall take the official oath required by § 19.01, Wis. Stats., which shall be filed with the Village Clerk-Treasurer.
E. 
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 Chairman and a Secretary and 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.
F. 
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.
G. 
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.
H. 
Special meetings. Individuals requesting a special meeting of the Plan Commission shall be required to pay a fee as prescribed from time to time by resolution of the Village Board.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
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, timer and place thereof in compliance with state law thereof; 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 following form.[1]
[1]
Editor's Note: Sample form for notice of meetings is on file in the Village's office.
C. 
Notice to members. Every member of any board, commission or committee of the Village of Argyle 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/her 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 and 19.89, Wis. Stats.
A. 
Residency. Except for the Library Board, no person not a resident of and not residing in the Village of Argyle 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.
A. 
Except as provided herein, the provisions of §§ 130-17 through 130-21 of this Code relating to rules of procedures 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.