[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.]
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.
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.
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.