A.
Establishment. There is hereby established a Plan Commission for
the City of Muskego, Wisconsin, pursuant to § 62.23, Wis.
Stats.
B.
Membership.
[Amended 6-26-2018 by Ord. No. 1418; 3-18-2020 by Ord. No. 1442]
(2)
Appointment.
(a)
Aldermanic member. The Aldermanic member of the Plan Commission
shall be appointed annually at the Common Council reorganization meeting
by the Mayor and confirmed by a majority vote of the Common Council.
(b)
Citizen members. Citizen members shall be appointed by the Mayor
and confirmed by a majority vote of the Common Council.
(c)
Presiding officer and Chairperson. The presiding officer and
Chairperson shall be the Mayor. In the absence of the Mayor, the Aldermanic
representative shall be the presiding officer. In the absence of the
Mayor and Aldermanic representative, the citizen member with the longest
tenure shall be the presiding officer.
(d)
Official oath. All members, according to § 19.01,
Wis. Stats., shall take the official oath within 10 days of receiving
notice of their appointment.
(3)
Terms.
(a)
Aldermanic member. The Alderperson member of the Plan Commission shall serve for one year, unless the position becomes vacant, in which case the Mayor shall appoint a new representative as outlined in Subsection B(2)(a) above.
(b)
Citizen members. Terms for the citizen members shall be staggered
and each term shall be for a three-year period.
(c)
Secretary. The Public Works and Development Director or designee
shall be the Secretary of the Plan Commission. In the absence of the
Public Works and Development Director or designee, other planning
staff employed by the City of Muskego may fill said role.
(d)
Recording secretary. The Public Works and Development Director
or designee shall select the recording secretary in accordance with
policies and procedures established by the Common Council from time
to time.
C.
Organization. The Plan Commission shall organize and adopt rules
for its own government according to the provisions of this chapter.
(1)
Meetings. The Plan Commission shall set its own meeting schedule.
Special meetings may be held at the call of the Chairperson.
(2)
Standing and special subcommittees. The Chairperson may appoint standing
and special subcommittees.
(3)
Quorum. Quorum shall be four members, and all actions shall require
approval of a majority of the members present.
(4)
Proxy voting. Voting by proxy shall not be permitted.
(5)
Minutes. Minutes shall be kept showing all actions taken, resolutions,
findings, determinations, transactions, and recommendations made.
A copy of the minutes shall be filed with the City Clerk in accordance
with policies as may be adopted by the Common Council from time to
time.
D.
Powers. The Plan Commission shall have such powers as may be necessary
to enable it to perform its functions and duties and promote municipal
planning. Such powers shall include, but not be limited to, the following:
(1)
Employment of experts. To employ experts and staff and to pay for
their services, supplies, equipment, and other such expenses as may
be necessary and proper, not to exceed the appropriations and regulations
as may be made by the Common Council from time to time.
(2)
Reports and recommendations. To make reports and recommendations
relating to the planning and development of the municipality to public
officials, agencies, utilities, and other organizations and citizens.
(3)
Request available information. To request available information from
any public official to be furnished within a reasonable time.
E.
Duties and referrals. The Plan Commission shall have the following
functions and duties:
(1)
Prepare and recommend a comprehensive plan. To make and adopt a comprehensive
plan for the physical development of the municipality, in accordance
with §§ 62.23 and 66.1001, Wis. Stats.
(2)
Prepare and recommend an official map. To make and recommend an official
map to the Common Council according to § 62.23, Wis. Stats.
(3)
Prepare and recommend a zoning district plan and regulations. To
prepare and recommend a zoning district plan and regulations to the
Common Council according to § 62.23, Wis. Stats.
(4)
Prepare and recommend land division regulations. To prepare and recommend
land division regulations to the Common Council according to Ch. 236,
Wis. Stats.
(5)
Hear and determine appropriateness of building, site and operation
plan applications. The granting of petitions for building, site and
operation plan approval shall be the sole responsibility of the Plan
Commission and will not require the approval of the Common Council.
(6)
Changes to adopted plans. To make and/or recommend changes to adopted
plans and to recommend said changes or amendments to the Common Council
concerning the Official Map and Official Map Ordinance, Zoning and
Land Division Ordinances, and other ordinances as deemed related.
(7)
Matters referred to the Plan Commission. To consider and report or
recommend on all matters referred to it, including but not limited
to conditional use permits.
(9)
Determination of use. The Plan Commission shall make a determination
for all uses that are not specifically classified as permitted by
right, as accessory to a permitted primary use, or permitted by conditional
use grant.
(10)
Conditional use grant recommendations. The Plan Commission shall
hear petitions for conditional use grants and make the determinations.
(11)
Conditional use grant terminations. The Plan Commission shall
only provide recommendations for termination of conditional uses to
the Common Council.
(12)
Hold public hearings and informational meetings. To hold public
hearings and informational meetings on matters referred to the Plan
Commission.
F.
Referrals. The Common Council or other public body or officer of
the City having final authority thereon shall refer to the Plan Commission
for its consideration and report, before final action is taken, the
following matters:
(1)
Public buildings. Location and architectural design of any public
building.
(2)
Statues and memorials. Location of any statue or other memorial.
(3)
Street, alley, or other public way, park, playground, airport, or
other memorial/public grounds. Location, acceptance, extension, alteration,
vacation, abandonment, change of use, sale, acquisition, or lease
of land for any street, alley, or other public way, park, playground,
airport, parking area, or other memorial or public grounds.
(4)
Other. 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.
(5)
Public utilities. Location, extension, abandonment, or authorization
for any public utility, whether publicly or privately owned.
(6)
Annexations, incorporations, or consolidations. All annexations,
incorporations, or consolidations affecting the City.
(7)
Division of land. All division of lands within the City's extraterritorial
platting jurisdiction.
(8)
Changes and amendments. All proposed or requested changes and amendments
to the City's Comprehensive Plan and adopted components thereof, Official
Map, Zoning Ordinance, Subdivision and Land Division Ordinances, and
comprehensive planning.
G.
Additional powers and duties. The Plan Commission shall have all
additional powers and duties granted or assigned by the Common Council
or by City ordinances. All the powers and duties granted or assigned
by the Wisconsin Statutes to plan commissions and any amendments thereto
are hereby granted or assigned to the Plan Commission and such statutes
are hereby adopted by reference.
I.
Compensation. The members of the Plan Commission shall receive such
compensation as the Common Council shall from time to time designate.
J.
Fees for Plan Commission meetings or hearings. Fees associated with
Plan Commission petitions shall be paid by the petitioner prior to
the item being added to the agenda. The sum shall be set forth in
the City of Muskego Fee Schedule and amended from time to time by
the Common Council.
A.
Establishment. There is hereby established a Zoning Board of Appeals
in the City of Muskego in accordance with § 62.23(7)(e),
Wis. Stats., for hearing appeals and applications and granting variations
and exceptions to the provisions of this chapter in harmony with the
purpose and intent of this chapter.
B.
Membership.
(1)
Composition. The Zoning Board of Appeals shall consist of five members
appointed by the Mayor and confirmed by the Common Council per § 62.23(7)(e)2,
Wis. Stats.
(2)
Terms. Terms of the Zoning Board of Appeals shall be staggered three-year
periods. Alternate members shall serve staggered terms of three years.
(3)
Chairperson. The Mayor shall designate the Chairperson of the Zoning
Board of Appeals. The Chairperson shall preside at all meetings of
the Board, except that in the event of his absence or disability,
the Vice Chairperson shall preside. In the absence of both the Chairperson
and the Vice Chairperson, the longest standing Board member shall
preside.
(4)
Alternate members. The Mayor shall appoint, for staggered terms of
three years, two alternate members of such Board, in addition to the
five members above provided for. Annually, the Mayor shall designate
one of the alternate members as first alternate and the other as second
alternate. The first alternate shall act, with full power, only when
a member of the Board refuses to vote because of interest or when
a member is absent. The second alternate shall so act only when the
first alternate so refuses or is absent or when more than one member
of the Board so refuses or is absent.[1]
(5)
The Planner shall attend all meetings of the Zoning Board of Appeals
for providing the City's case. In the event of the absence of the
Planner, the Public Works and Development Director or designee or
other staff as may be provided by the Common Council shall substitute.
(6)
Official oaths. Official oaths shall be taken by all members of the
Zoning Board of Appeals according to § 19.01, Wis. Stats.,
within 10 days of receiving notice of their appointment.
(7)
Vacancies. Vacancies on the Zoning Board of Appeals shall be filled
for the remaining term in the same manner as appointments for a full
term.
C.
Organization. The Zoning Board of Appeals shall organize and adopt
rules of procedure for its own government according to the provisions
of this chapter.
(1)
Meetings. Meetings of the Board shall be held at the call of the
Chairperson and at such other times as the Board may determine. All
meetings of the Board shall be open to the public.
(2)
Minutes. Minutes of the proceedings of the Zoning Board of Appeals
and a record of all actions shall be kept by the recording secretary,
showing the vote of each member upon every question, the reasons for
the Zoning Board of Appeals determination, and its findings of facts.
These records shall be immediately filed in the office of the Zoning
Board of Appeals and shall be a public record.
(3)
Recording secretary. A recording secretary is provided by City administration
to record minutes for the Zoning Board of Appeals. This position is
not a Board-appointed employee pursuant to § 62.23(7)(e)2,
Wis. Stats.
D.
Powers of the Board.
(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 this chapter.
(c)
To authorize upon appeal in specific cases such variances from the
terms of this chapter as will not be contrary to the public interest,
where, owing to special conditions, a literal enforcement of the provisions
of this chapter will result in practical difficulty or unnecessary
hardship, so that the spirit of this chapter shall be observed, public
safety and welfare secured, and substantial justice done.
(d)
To hear and decide applications for interpretation of the zoning
regulations and the boundaries of the zoning districts after the Plan
Commission has made a review and recommendation.
(e)
To permit, in appropriate cases, and subject to appropriate conditions
and safeguards in harmony with the general purpose and intent of this
chapter, a building or premises to be erected or used for such public
utility purposes in any location which is reasonably necessary for
the public convenience and welfare.
(2)
The Zoning Board of Appeals may reverse, affirm, wholly or partly,
or modify the requirements appealed from and may issue or direct the
issue of a permit.
(3)
The Zoning Board of Appeals may request assistance from other City
officers, departments, commissions, and boards.
(4)
An appeal shall stay all legal proceedings in furtherance of the
action appealed from, unless the officer from whom the appeal is taken
certifies to the Zoning Board of Appeals, after the notice of appeal
shall have been filed with him, that by reason of facts stated in
the certificate a stay would, in his opinion, cause imminent peril
to life or property. In such cases, proceedings shall not be stayed
otherwise than by a restraining order which may be granted by the
Zoning Board of Appeals or by a court of record on application, on
notice to the officer from whom the appeal is taken and on due cause
shown.
(5)
Oaths. The Vice Chairperson of the Zoning Board of Appeals may administer
oaths and compel the attendance of witnesses.
(6)
Rules of procedure. The Board may adopt such rules of procedure as
it deems necessary for the conduct of its proceedings.
E.
Administrative appeals.
(1)
General application requirements. Appeals from the decision of the
Zoning Administrator and/or the Building Inspector concerning the
literal enforcement of this chapter may be made by any person aggrieved
or by any officer, department, board, or bureau of the City. Such
appeals shall be filed with the Public Works and Development Department
within 20 days after the date of written notice of the decision or
order of the Zoning Administrator or Building Inspector. Applications
may be made by the owner or lessee of the structure, land, or water
to be affected any time and shall be filed with the Public Works and
Development Department. Such appeals and applications shall include
that information and data as outlined in the Zoning Board of Appeals
rules of procedure.
F.
Dimensional variances.
(1)
Purpose. The Zoning Board of Appeals, after a public hearing, may
determine and vary the regulations of this chapter in harmony with
their general purpose and intent, only in the specific instances hereinafter
set forth, where the Zoning Board of Appeals makes findings of fact
according to the standards hereinafter prescribed and further finds
that there are practical difficulties or particular hardships in the
way of carrying out the strict letter of the regulations of this chapter.
(2)
Application and notice of hearing. An application for a variance
shall be filed in writing with the Public Works and Development Department.
The application shall contain such information as outlined in the
Zoning Board of Appeals rules of procedure. Before decisions on such
petitions, the Zoning Board of Appeals shall hold a public hearing
thereon pursuant to the requirements set forth in the Zoning Board
of Appeals rules of procedure.
(3)
Findings of facts. No variance to the provisions of this chapter
(except as otherwise provided) shall be granted by the Zoning Board
of Appeals unless it finds that if the variance is granted it would
not be contrary to the public interest; a literal enforcement of the
provisions of this chapter would result in practical difficulties
or unnecessary hardship due to special conditions; the spirit of this
chapter is preserved; and public safety and welfare are secured and
substantial justice done. In reviewing the application and evidence
relating to a variance, the Zoning Board of Appeals shall consider
the findings statements set forth in this section of this chapter.
(4)
Authorized variances. Variances from the zoning regulations of this
chapter shall be the authority of the Zoning Board of Appeals only
according to the standards established in this section. This section
shall not apply to decisions of the Plan Commission relating to the
following: building, site and operation plans; signs of a temporary
or permanent nature; residential outbuildings; and conditional use
requests. In a case where a variance from the basic zoning regulations
is sought, the Plan Commission may file a recommendation with the
Zoning Board of Appeals outlining its opinion and findings as they
relate to the issue(s) being appealed.[3]
G.
Public hearings.
(1)
General. The Zoning Board of Appeals shall hold a public hearing
upon each variance within a reasonable time of the date of filing,
giving notice of the date, time, and place of such hearing and the
matter to be presented at the hearing by publication in the City of
a Class 1 notice under Ch. 985, Wis. Stats. Notice of the public hearing
shall be given to the Zoning Administrator or Building Inspector and
mailed to all parties in interest at least 10 days before the hearing.
"Parties in interest" shall be defined as the petitioner, the clerk
of any municipality within 100 feet of any lands included in the petition,
and the owners of all lands included in the petition and all lands
lying within 300 feet of lands included in the petition. The Public
Works and Development Department shall set the date for the public
hearing(s). At the hearing the appellant or applicant may appear in
person, by agent, or by attorney.
(2)
Conduct of public hearing. The Vice Chairperson of the Zoning Board
of Appeals shall place all witnesses under oath. The Zoning Board
of Appeals shall hear all relevant evidence presented for and against
the application. The Chairperson of the Zoning Board of Appeals may
rule on exceptions to evidence and permit examination of witnesses.
H.
Findings. The Zoning Board of Appeals shall grant no variance to
the provisions of this chapter unless it finds that the following
facts and conditions exist when applicable and so indicates in the
minutes of its proceedings:
(1)
Preservation of intent. No variance shall be granted that is not
consistent with the purpose and intent of the regulations for the
district in which the development is located. No variance shall permit
a use in any district that is not a stated permitted use, accessory
use, or conditional use in that particular district.
(2)
Exceptional circumstances. There must be exceptional, extraordinary,
or unusual circumstances or conditions applying to the lot or parcel,
structure, use, or intended use that do not apply generally to other
properties or uses in the same district, and the granting of the variance
would not be of so general or recurrent nature as to suggest that
this chapter should be changed.
(3)
Economic hardship and self-imposed hardship not grounds for variance.
No variance shall be granted solely based on economic gain or loss.
Self-imposed hardships shall not be considered as grounds for the
granting of the variance.
(4)
Preservation of property rights. The variance must be necessary for
the preservation and enjoyment of substantial property rights possessed
by other properties in the same district and same vicinity.
(5)
Absence of detriment. No variance shall be granted that will create
substantial detriment to adjacent property and will materially impair
or be contrary to the purpose and spirit of this chapter or the public
interest.
I.
Decision. The Zoning Board of Appeals shall render its decision in
writing within 15 days after the completion of the hearing thereon.
(1)
Required vote. The concurring vote of the majority of a quorum (a
quorum being three or more members) of the Zoning Board of Appeals
shall be necessary to grant a variance, exception, or substitution.[4]
(2)
Finding of fact. Every finding of fact shall be signed by the Chairperson
or Vice Chairperson and attested to by the Board Secretary as evidence
of the action of the Board. The original finding of fact letter shall
be sent to the appellant. Copies of each finding of fact letter shall
be filed with the Board's record of the case, the property file, and
the administrative officer by the recording secretary.
(3)
Conditions. Conditions may be placed upon any zoning permit ordered
or authorized by the Zoning Board of Appeals.
(4)
Expiration of a variance. All work associated with an approved variance
request must be completed within 18 months from the date of the variance
approval, unless otherwise approved by the Zoning Board of Appeals.
For the purpose of this code section, "all work completed" means that
all final inspections must be approved and occupancy must be granted.
[Added 4-18-2013 by Ord. No. 1371]
J.
Resubmittal. No appeal that has been dismissed or denied shall be
considered again within one year except on a motion to reconsider
the vote made by a member voting with the majority within 30 days
of the date of the decision or on a request for a rehearing.
K.
Rehearing. No request to grant a rehearing shall be entertained unless
substantial new evidence is submitted which could not reasonably have
been presented at the previous hearing. In all cases, the request
for a rehearing shall be in writing listing the reasons for the request
and shall be duly verified and accompanied by the necessary data and
diagrams. The party requesting the rehearing shall be notified to
appear before the Board on a date to be set by the Board, of which
the requestor shall be notified. If a motion to grant a rehearing
receives the affirmative votes of four or more members of the Board,
the case shall be put on the calendar for a rehearing. Rehearings
shall be subject to the same requirements as the original hearing.
L.
Review by court of record. Any person or persons aggrieved by any
decision of the Zoning Board of Appeals may present to the court of
record a petition duly verified setting forth that such decision is
illegal and specifying the grounds of the illegality. Such petition
shall be presented to the court within 30 days after the filing of
the decision in the planning office of the Zoning Board of Appeals,
which is the Public Works and Development Department of the City of
Muskego.
M.
Compensation. The members of the Zoning Board of Appeals shall serve
without compensation.
