[HISTORY: Adopted by the Village Board of the Village of
Clyman as Title 2, Ch. 4, of the 1998 Village Code of Ordinances.
Amendments noted where applicable.]
A.
Composition. The Board of Review of the Village of Clyman shall be
composed of the Village President, one citizen member, and all members
of the Village Board. The Village Clerk-Treasurer shall serve as Clerk
of the Board of Review. The Clerk-Treasurer and Assessor shall attend
all meetings of the Board of Review, but shall not vote. The citizen
member shall be annually appointed at the organizational meeting by
the Village President, subject to Board confirmation.
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 their 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 Clyman 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[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 (of which up to two
may be Village Board 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 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 Ch. 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)
(5)
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. If a quorum is
present, the Board of Appeals may take action by a majority vote of
the members present. 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.[3]
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 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 Board shall adopt its own rules of procedure 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 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 preservation of records, documents, and accounts.
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, 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:
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NOTICE OF MEETING
VILLAGE OF CLYMAN, WISCONSIN
(commission)
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Please take notice that a meeting of the _____ (commission)
of the Village of Clyman will be held on _____ (date), 20__, at _____
(time) p.m., at the Clyman Community Building, in Room _____ to consider
the following:
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1.
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(Agenda items set forth).
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2.
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Such other matters as authorized by law.
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Dated:__________
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_____ (Commission) _____
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By
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The Clyman Community Building is accessible to the physically
disadvantaged. If special accommodations for visually or hearing impaired
individuals are needed, please contact the Clyman Clerk-Treasurer
at (telephone).
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C.
Notice to members. Every member of any board, commission or committee
of the Village of Clyman 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 and 19.89, Wis. Stats.
A.
Residency. Except for the Building Commission, no person not a resident
of and not residing in the Village of Clyman shall be appointed in
a voting capacity to any Village board, committee or commission. 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 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.
