Village of Monticello, WI
Green County
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Table of Contents
Table of Contents
(a) 
Composition. The Board of Review shall consist of the Village President, Clerk-Treasurer and three Trustees of the Village Board. The President of the Village Board shall make the appointments, subject to the confirmation of the Board of Trustees, at the annual organizational meeting.
(b) 
Duties.
(1) 
Duties. The duties and functions of the Board of Review shall be as prescribed in §§ 70.46 and 70.47, Wis. Stats.
(2) 
Compensation. Compensation for the members of the Board of Review, shall be as is established by the Village Board at the organizational meeting in April.
(c) 
Meetings. In accordance with § 70.47(3)(b), Wis. Stats., the Village Board do 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 do hereby designate the hours of the annual Board of Review meeting to be 6:00 p.m. to 8:00 p.m. 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.
(d) 
Procedure and criteria for allowing alternative forms of sworn testimony at BOR hearings.
[Amended by Ord. No. 2015-0520]
(1) 
Procedure. In order for a property owner or property owner's representative to submit a request to testify by phone or submit a sworn written statement, he or she must first comply with the followings procedures:
a. 
The legal requirement to provide notice of intent to appear at BOR must be satisfied.
b. 
An Objection Form for Real Property Assessment (PA-115A) must be completed and submitted to the BOR as required by law.
After the two requirements outlined above have been met, a Request to Testify by Telephone or Submit a Sworn Written Statement at Board of Review (Form PA-814) may be submitted to the village clerk. Such requests must be submitted in time to be considered by the board at the first meeting of the BOR.
If you wish to waive the BOR hearing and have the assessment reviewed in circuit court you must file Form (PA-813) Request for Waiver of BOR Hearing.
(2) 
Criteria to be considered. The board may consider any or all of the following factors when decided whether to grant or deny the request:
a. 
The requester's stated reason(s) for the request as indicated on the PA-814.
b. 
Fairness to the parties.
c. 
Ability of the requester to procure in person oral testimony and any due diligence exhibited by the requester in procuring such testimony.
d. 
Ability to cross examine the person providing the testimony.
e. 
The BOR's technical capacity to honor the request.
f. 
Any other factors that the board deems pertinent to deciding the request.
g. 
The BOR shall hear telephone testimony of ill or disabled persons who present the board with a letter from a physician, osteopath, physician assistant or advance practice nurse that confirms their illness or disability.
(a) 
Composition. The Board of Health shall consist of the Village Board.
(b) 
Power of appointment. The Board of Health may appoint persons to aid them.
(c) 
Responsibilities.
(1) 
The Board of Health shall take such measures as shall be most effectual for the preservation of the public health. It shall be the duty of the Board of Health to assume the general administration of health and sanitation laws and regulations in the Village and to attend to the administration and enforcement of the health laws of the State and the rules and regulations prescribed by the State Board of Health and the ordinances of the Village.
(2) 
The Board shall take such measures and make such rules and regulations as shall be necessary and effectual for the preservation and promotion of the public health in the Village All orders and regulations of the Board shall be published in the official newspaper and after publication, shall have the force and effect of ordinances, including penalty for violation.
(a) 
Establishment. A Zoning Board of Appeals shall be appointed and governed by the State zoning enabling law as contained in § 62., 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, appointed by the Village President subject to confirmation by the Village Board, for a three-year term of office. The members shall serve with compensation as determined by the Village Board and 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 an 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 (floodplains) or 281.31 (navigable waters) 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 proper 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 land use 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 then 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 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) 
Composition. The Village Plan Commission shall consist of the Village President, one Trustee, and four citizens. The Village President shall be the Commission's presiding officer. The Village Engineer shall serve in an ex officio capacity.
(b) 
Appointment.
(1) 
Trustee members. The Trustee member shall be annually appointed by a 2/3 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 but all actions shall require the affirmative approval of a majority of all of the members of the Commission.
(d) 
Duties.
(1) 
The Comprehensive (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 or lease 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 Chapter 36, Wis. Stats.; the location, character and extent or acquisition, leasing or sale of lands for public or semi-public housing, slum clearance, relic 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, public utility companies, civic, educational, professional and other organizations and citizens. It may recommend to the Village Board, programs for public improvements an 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. 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 re-plats of any lands within the limits of 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.
(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 1st 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 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 b 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 nom 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 Chapter 43, and more particularly set forth in § 43.58 of the Wisconsin Statutes.
(a) 
The membership of the Ethics Board shall consist of the Village Board and one other Village official or employee. The Village Attorney shall furnish the Board whatever legal assistance is necessary to carry out its functions.
(b) 
The Village official/employee member shall be annually appointed at the Board's organizational meeting.
(c) 
The Ethics Board shall elect its own Chairman and Vice-Chairman and shall develop written rules of procedure.
(d) 
The Ethics Board may act upon recommendations with respect to amendments of the Code of Ethics.
(e) 
Upon the sworn complaint of any person alleging facts which, if true, would constitute improper conduct under the provisions of Title 2, Chapter 5, the Ethics Board shall conduct a public hearing in accordance with all common law requirements of due process and, in written findings of fact and conclusions based thereon, make a determination concerning the propriety of the conduct of the subject official or employee and, if appropriate, refer the matter to the proper Village authority.
The Fire Board shall have the duties and responsibilities prescribed in § 5-2-2 of this Code of Ordinances.
(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, at the front door of the Municipal Building, an agenda of the matters to be taken up at such meeting.
(b) 
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.
(c) 
Minutes. The secretary of each Board, Committee and Commission shall file a copy of the meeting minutes of such Board or Commission with the Village Clerk-Treasurer.
(a) 
Residency. No person not a resident of and not residing in the Village shall be appointed in a voting capacity to any Village board, committee or commission, except the Library Board or Fire Board. 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 board, 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.