The jurisdictional area of the village board includes the area within the incorporated limits of the village, the borders of which may change through annexation or detachment, and for purposes of extraterritorial plat review, the area within 1½ miles of the village limits.

(Ord. of 12-17-2012, § 48-200)

(a)

Generally. The village board, the governing body of the village, subject to receiving recommendations by the plan commission and the holding of public hearings, has ultimate authority to make changes and amendments in zoning districts, the zoning map and supplementary flood land zoning map, and to amend the text of this chapter.

(b)

Public hearings. The board may delegate to the plan commission the responsibility to hold some or all public hearings as required under this article and other provisions therefor elsewhere in this chapter.

(c)

Appeal for conditional uses. The village board shall act as the board of appeals for conditional uses granted or denied by the plan commission.

(Ord. of 12-17-2012, § 48-201)

Pursuant to Wis. Stats. § 62.23, a plan commission is established to undertake the responsibilities herein defined and as allowed by state law to administer and enforce the same.

(Ord. of 12-17-2012, § 48-210)

(a)

Number and appointment. The commission shall consist of seven members: the village president, two village board trustees, and four citizen members. Each citizen member shall be appointed to a three-year term. (Wis. Stats. § 62.23(1)(d).)

(b)

Considerations in making appointments. Citizen members shall be persons of recognized experience and qualifications and shall be residents of or business owners or managers in the village. (Wis. Stats. § 62.23(1)(a).)

(c)

Conditions for removal. A citizen member shall be removed from the commission and the member's office declared vacant when the member:

(1)

Fails to attend three successive meetings without excused absences; or

(2)

No longer resides or owns a business within the village.

(Ord. of 12-17-2012, § 48-211)

The jurisdictional area of the plan commission includes the area within the incorporated limits of the village, the borders of which may change through annexation or detachment, and for purposes of extraterritorial plat review, the area within 1½ miles of the village limits.

(Ord. of 12-17-2012, § 48-212)

A recording thereof in the commission's minutes shall constitute the required written recommendation. The commission may, in arriving at its recommendation, on occasion and of its own volition, conduct its own public hearing.

(1)

Generally. The plan commission shall have such powers as may be necessary to enable it to perform its functions and promote municipal planning, whether enumerated in this section or not. (Wis. Stats. § 62.23(4).) The plan commission shall interpret and administer the provisions of this chapter.

(2)

Right to enter property. The plan commission, along with its individual members, employees, experts and staff, in the performance of its functions, may enter upon land to conduct inspections of buildings, structures, and use of land to determine compliance with the terms of this chapter, make examinations and surveys, and place and maintain necessary monuments and marks thereon. (See Wis. Stats. § 62.23(4).)

(3)

Staff. The plan commission shall have the power and authority to employ experts and staff, and to pay for their services and such other expenses as may be necessary and proper, but not exceeding the appropriation that may be made for such commission by the village board, or placed at its disposal through gift, and subject to an ordinance or resolution adopted by the village board. (See Wis. Stats. § 62.23(1)(e).) The village chairperson and village clerk are hereby authorized to coordinate administrative activities and conduct basic zoning actions under this chapter. The plan commission may also authorize, but is not limited to, the village attorney, village engineer, or other consultants as needed upon approval of the board.

(4)

Official map. The plan commission, at the direction of the village board, may recommend the adoption of or amendment to an official map.

(5)

Comprehensive plan. The plan commission, on its own motion, or at the direction of the village board, may recommend the adoption or amendment of a comprehensive plan. (Wis. Stats. § 66.1001(4).)

(6)

Nonregulatory programs. The plan commission, on its own motion, or at the direction of the village board, may propose nonregulatory programs to implement the comprehensive plan, including programs relating to topics such as education, economic development, and tourism promotion, preservation of natural resources through the acquisition of land or conservation easements, and capital improvement planning.

(7)

Zoning permits. The zoning administrator or designee shall issue all zoning permits and make and maintain records thereof.

(8)

Conditional use permits. The plan commission shall review, hear, and make recommendations to the village board on conditional use permits for which it has specifically been granted review authority.

(9)

Referrals as required by state statute. Pursuant to Wis. Stats. § 62.23(5), the following shall be referred to the plan commission for report:

a.

The location and architectural design of any public building;

b.

The location of any statue or other memorial;

c.

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 or playground; airport; area for parking vehicles; or other memorial or public grounds;

d.

The location, extension, abandonment, or authorization for any publicly or privately owned public utility;

e.

All plats under the village or within the territory over which the village is given platting jurisdiction by Wis. Stats. ch. 236;

f.

The location, character, and extent or acquisition, leasing, or sale of lands for public or semi-public housing; slum clearance; relief of congestion; or vacation camps for children; and

g.

The amendment or repeal of any ordinance adopted under Wis. Stats. § 62.23. (See Wis. Stats. § 62.23(5).)

(Ord. of 12-17-2012, § 48-213)

(a)

The plan commission, together with its other statutory duties, shall make reports and recommendations relating to the plan and development of the village to the village board, other public officials and other interested organizations and citizens.

(b)

Under this chapter, one of its functions is to make recommendations to the village board pursuant to guidelines set forth in this chapter as to various matters and always being mindful of the intent and purposes of this chapter. Recommendations shall be in writing.

(Ord. of 12-17-2012, § 48-214)

The plan commission, or its designee, shall:

(1)

Maintain permanent and current records of this chapter, including, but not limited to, all maps, amendments, conditional uses, variances, appeals and applications therefor;

(2)

Provide and maintain public information/communication relative to all matters arising out of this chapter;

(3)

Receive, file and forward to the village clerk all applications for amendments to this chapter;

(4)

Receive, file and forward to the board of appeals all applications for appeals, variances, or other matters on which the board of appeals is required to act under this chapter;

(5)

Initiate, direct and review from time to time a study of the provisions of this chapter not less frequently than once a year;

(6)

Be responsible for administering developer's agreements;

(7)

Be responsible for enforcement of zoning ordinances with the authority to issue zoning citations;

(8)

Administer other ordinances related to land use, planning and development.

(Ord. of 12-17-2012, § 48-215)

A zoning board of appeals is established to provide an appeal procedure for persons who deem themselves aggrieved by decisions of administrative officers in enforcement of this chapter.

(Ord. of 12-17-2012, § 48-220)

A zoning board of appeals shall be appointed and governed by the state zoning enabling law as contained in Wis. Stats. § 62.23, this zoning chapter and ordinances and this section. The laws of the state or village and local ordinances shall prevail in that order.

(Ord. of 12-17-2012, § 48-221)

(a)

Number and appointment. 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. (See Wis. Stats. § 62.23(7)(e)(2).)

(b)

Alternates. The village president shall appoint two alternate members each having a three-year term of office. The village president shall annually appoint one as the first alternate and the other as the second alternate. (Wis. Stats. § 62.23(7)(e)(2).)

(c)

Chairperson. The village president shall designate one of the members as chairperson.

(d)

Considerations in making appointments. Board members and alternates shall be residents of the village.

(e)

Vacancies. Vacancies shall be filled for the unexpired term of any member or alternate whose term becomes vacant. (Wis. Stats. § 62.23(7)(e)(2).)

(f)

Conditions for removal. The members shall be removable by the village board for cause upon written charges and upon public hearing. (See Wis. Stats. § 62.23(7)(e)(2).)

(Ord. of 12-17-2012, § 48-222)

The zoning board of appeals shall have the following authority and responsibility:

(1)

Appeals. 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 Wis. Stats. § 62.23, 61.35 or 62.231 (wetlands), Wis. Stats. § 87.30 or 144.26 (floodplains) or Wis. Stats. ch. 91 (farmland preservation).

(2)

Special exceptions. 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)

Variances. 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)

Building and zoning permits. To permit, upon appeal in specific cases, the erection and use of a building or premises in any location subject to appropriate conditions and safeguards in harmony with the general purpose of the zoning code, for such purposes which are reasonably necessary for public convenience and welfare.

(5)

Affirm, modify or reverse. The zoning board of appeals may reverse or affirm wholly or in part or may modify an 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 codified in this chapter. 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 12 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.

(Ord. of 12-17-2012, § 48-223)

(a)

Open to public. All meetings and hearing of the zoning board of appeals shall be open to the public.

(b)

Special meetings. 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 72 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. Notice of the special meeting may be personally delivered at least 48 hours prior to the time set for the meeting.

(c)

Schedule of meetings. Hearings for applications for variances may be held at any regular or special meeting at the time and place set by the chairperson. The application shall contain the names and addresses of the owners of all properties lying within 300 feet of the property for which the variance is requested. Notice of the hearing to consider a variance shall be sent by first class mail with affidavit of mailing to the owners of all such properties, with such notices being deposited in the United States mail at least ten days prior to the date of such hearing. Additionally, a class one notice of such hearing shall be posted. The applicant shall reimburse the village on demand for all costs incurred in providing for the hearing notice as established above.

(d)

Meeting minutes. 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.

(e)

Board procedures. The board shall adopt its own rules of procedure not in conflict with this Code or with the applicable Wisconsin Statutes.

(Ord. of 12-17-2012, § 48-224)

(a)

Quorum. A quorum for any meeting or hearing shall consist of four members, but a lesser number may meet and adjourn to a specified time.

(b)

Disqualification or voluntary abstention. 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.

(c)

Voting by alternates. The first alternate may vote only when one of the members is absent or is not able to vote on a pending matter. The second alternate may vote only when the first alternate is absent or is not able to vote or when more than one member of the board is absent or is not able to vote. (See Wis. Stats. § 62.23(7)(e)(2).)

(d)

Board decision. A decision of the board shall be by majority vote of the members present at a meeting in which a quorum is in attendance and voting. (See Wis. Stats. § 62.23(7)(e)(3m).)

(Ord. of 12-17-2012, § 48-225)

The village board shall provide suitable offices for holding hearings and the preservation of records, documents, and accounts.

(Ord. of 12-17-2012, § 48-226)

Anyone applying to the zoning board of appeals shall pay a fee to the village clerk/treasurer. In the event the applicant requests a special meeting of the zoning board of appeals to consider the applicants request for a variance, the applicant shall also pay an additional fee to the village clerk/treasurer before any such special meeting shall be held. A special meeting is a meeting held by the zoning board of appeals other than a regularly scheduled meeting of the zoning board of appeals. See schedule of fees.

(Ord. of 12-17-2012, § 48-227)

The position of zoning administrator is established to undertake the responsibilities herein defined and as allowed by state law to administer and enforce the same.

(Ord. of 12-17-2012, § 48-230)

(a)

The duty of the zoning administrator shall be to interpret and administer this chapter as directed by the plan commission and village board. The zoning administrator shall also issue, after on-site inspection if required by this chapter, review and recommendation from the plan commission and approval of the village board, all permits required by this chapter. The zoning administrator shall further:

(1)

Issue all zoning permits and make and maintain records thereof;

(2)

Revoke any issued permit or interpretation with reasonable cause;

(3)

Conduct inspections of buildings, structures, and use of land to determine compliance with the terms of this chapter;

(4)

Maintain permanent and current records of this chapter, including but not limited to, all maps, amendments, conditional uses, variances, appeals and applications therefor;

(5)

Provide and maintain public information/communication relative to all matters arising out of this chapter;

(6)

Receive, file and forward to the village clerk all applications for amendments to this chapter;

(7)

Receive, file and forward to the plan commission all applications for conditional uses and zoning changes;

(8)

Receive, file and forward to the board of appeals all applications for appeals, variances, or other matters on which the board of appeals is required to act under this chapter;

(9)

Receive, review and immediately notify the village of all zoning permit and site plan review applications;

(10)

Assist the village as requested for public hearing notices and meetings, including presubmittal meetings;

(11)

Initiate, direct and review from time to time a study of the provisions of this chapter, and make recommendations to the plan commission not less frequently than once a year;

(12)

Attend meetings as requested and act as an advisory member of the plan commission;

(13)

Responsible for administering developer's agreements;

(14)

Responsible for enforcement of zoning ordinances with the authority to issue zoning citations;

(15)

Administer the erosion control and stormwater ordinance, codified in chapter 107, article II.

(b)

In the absence of the zoning administrator or at the discretion of the plan commission and village board, the public works director, village clerk and building inspector are hereby designated as acting zoning administrators.

(Ord. of 12-17-2012, § 48-231)