[HISTORY: Adopted by the Village Board of the Village of
Baldwin 4-28-2004 as Title 2, Ch. 4, of the 2004 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Village Board — See Ch. 165.
A.
Composition.
(1)
The Board of Review shall be composed of the Village President, the
Village Clerk-Treasurer and two or more members of the Village Board
as shall be selected by the Village Board. 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. A minimum
of one member shall be certified in having had state-mandated Board
of Review training.
[Amended 4-11-2012]
(2)
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.
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), Wis. Stats., 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 Baldwin 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.
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 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 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.
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, 62.231 (wetlands), 87.30 or
281.31 (floodplains) or Ch. 91 (farmland preservation), Wis. Stats.
(b)
To
hear and decide special exceptions to the terms of the Village zoning
and floodplain zoning regulations upon which the Zoning Board of Appeals
is required to pass.
(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.
[Amended 3-13-2013]
(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 purposes which are reasonably
necessary for public convenience and welfare.
(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 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 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.[1]
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)
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.
(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 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.
E.
Compensation. Compensation may be established by the Village Board
for service on the Zoning Board of Appeals. It shall be the responsibility
of the Chairperson of the Zoning Board of Appeals or his/her designee
to submit a list of those members in attendance at each meeting to
the Village Clerk-Treasurer. This list shall provide the documentation
upon which the Village Clerk-Treasurer shall issue payment to the
Zoning Board of Appeals members and Chairperson for attendance at
a meeting. The Village Clerk-Treasurer shall issue payment within
30 days of submission of the list by the Chairperson or designee.
[Amended 2-9-2005[4]]
A.
Composition. The Village Plan Commission shall consist of seven members
who shall be the following: the Village President, who shall be its
presiding officer, a Village Trustee, and five citizen members.
B.
Appointment.
(1)
Trustee member. The Trustee member shall be annually appointed by
a two-thirds vote at the organizational meeting of the Village Board.
(2)
Citizen members.
(a)
Five citizen members shall be appointed by the Village President
for staggered terms of three years.
(b)
All citizen members shall be persons of recognized experience
and qualifications and shall hold office until their respective successors
are selected and qualified. Whenever a vacancy shall occur in any
citizen member, a successor shall be appointed for the unexpired term
in the manner as set forth above.
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
but all actions shall require the affirmative approval of a majority
of all of the members of the Commission.
D.
Duties.
(1)
The Comprehensive Plan.[1]
(a)
The Plan Commission shall make, adopt and, as necessary, amend,
extend or add to the Comprehensive 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 Comprehensive
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 Comprehensive Plan as a whole by
a single resolution, or, as the work of making the whole Comprehensive
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 Comprehensive 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 or 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 and within 1 1/2 miles
of the limits of the Village. All plats or replats of any lands within
the limits of the Village or any lands outside the Village and within
1 1/2 miles of the limits of the Village shall be submitted to
the Commission for its recommendation to the Village Board before
the same are approved by the Village Board.
E.
Compensation. Compensation may be established by the Village Board
for service on the Commission. It shall be the responsibility of the
Chairperson of the Commission or his/her designee to submit a list
of those members in attendance at each meeting to the Village Clerk-Treasurer.
This list shall provide the documentation upon which the Village Clerk-Treasurer
shall issue payment to the Commission members and Chairperson for
attendance at a meeting. The Village Clerk-Treasurer shall issue payment
within 30 days of submission of the list by the Chairperson or designee.
[Amended 2-9-2005[2]]
F.
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 Chairperson
and a Secretary.[3]
G.
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.
H.
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.
I.
Special meetings. Individuals requesting a special meeting of the
Plan Commission shall be required to pay a fee as prescribed in the
Village Fee Schedule.
A.
Membership and terms. Pursuant to § 43.54, Wis. Stats.,
the Library Board shall consist of five members appointed by the Village
President, subject to confirmation by the Village Board, to serve
three-year terms. One member shall be a school district administrator
or his/her representative, and not more than one member of the Village
Board shall serve on the Library Board at any one time. Up to two
members may be residents of towns adjacent to the Village.
B.
Powers and duties. The Library Board shall have the powers and duties
prescribed by § 43.58, Wis. Stats.
C.
Budget and report. The Library Board shall submit to the Village
Board an annual report and budget on September 1.
The Police Commission shall consist of five citizens who are
residents of the Village, three of whom shall constitute a quorum.
The Village President shall annually, between the last Monday of April
and the first Monday of May, appoint in writing, to be filed with
the Secretary of the Commission, one member for a term of five years,
subject to confirmation by the Village Board. No appointment shall
be made which will result in more than three members of the Commission
belonging to the same political party. The Commission shall keep a
record of its proceedings. The Police Commission shall have the power
and authority prescribed by this Code of Ordinances and by § 62.13,
Wis. Stats., excepting the optional powers prescribed in § 62.13(6),
Wis. Stats.
A.
Composition. The United Civic Center Commission of the Village of
Baldwin shall be composed of five members. The members shall be the
chairperson of the Village Parks and Recreation Committee, two members
of the Board of Directors of the Baldwin Hockey Association, and two
citizen members, neither of whom shall be a Village Board member or
a member of the Baldwin Hockey Association, appointed by the Village
President and subject to confirmation by the Village Board. 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 chairperson. The members shall be appointed at the
annual organizational meeting of the Village Board.[1]
B.
Term. Each of the citizen members shall serve a term of two years
following their appointment. The remaining members shall serve a term
as determined by boards which they represent.
C.
Compensation. The members of the Commission shall receive compensation
as determined by resolution of the Village Board.
D.
Duties and powers. The members of the Commission shall have all of
the powers necessary to manage and operate the Civic Center subject
to the supervision of the Village Board including, but not limited
to, the right to impose, maintain and collect rates and charges for
all use of the Civic Center and all services furnished and made available
by and from the Civic Center to the Village of Baldwin and its residents,
and to all other public and private persons, firms and corporations
within and outside the corporate limits of the Village of Baldwin
sufficient to operate the facility and produce net revenues sufficient
of 110% of the principal and interest due each year and additional
amounts if any which are sufficient to provide for depreciation of
the facility.
E.
Meetings and rules.
(1)
(2)
Special meetings may be called by the Chairperson at the request
of two members.
(3)
Meetings shall be held on a regular basis as established by the Chairperson.
[Added 4-12-2017[1]]
A.
The Tourism Commission shall consist of five persons who live or
work in the Village of Baldwin to be appointed by the Village President,
subject to the confirmation by a majority of the Village Board who
are present when the vote is taken. Commissioners shall serve for
a one-year term, at the pleasure of the Village President, and may
be reappointed.
B.
The Tourism Commission shall meet not less than quarterly.
C.
The Tourism Commission shall elect a chair, vice chair, and secretary.
D.
The purpose and duties of the Baldwin Tourism Commission shall be:
(1)
To coordinate tourism promotion and tourism development in the Village.
(2)
To determine how room tax revenues, and any other funds which the
Tourism Commission may receive, shall be expended.
(3)
To perform such other duties and to provide such services as are
required or permitted under § 66.0615, Wis. Stats., and
other applicable laws.
E.
The Tourism 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.
F.
Reports required. The Tourism Commission shall prepare and timely
file with the Village Clerk all reports as required under § 66.0615,
Wis. Stats.
G.
Confidentiality. Pursuant to § 66.0615(3), Wis. Stats.,
any information provided to the Village regarding room tax payment
shall be confidential, except for persons using the information in
the discharge of their duties imposed by law or of the duties of their
office or by order of a court.
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,
and may be in the form as determined by the Village.
[Amended 3-13-2013]
C.
Notice to members. Every member of any board, commission or committee
of the Village of Baldwin 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 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.
A.
Residency. Except for the Library Board, no person not a resident
of and not residing in the Village of Baldwin 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.
[Amended 3-13-2013]
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.
