Pursuant to Wis. Stats. § 62.23(1), a plan commission is established to undertake the responsibilities as defined in this chapter and as allowed by state law.

(Ord. No. 2020-O-48, § 1(Exh. A), 9-16-2020)

(a)

Generally. The plan commission shall have such powers as may be necessary to enable it to perform its functions and promote the proper planning for the town, whether enumerated in this section or not.

(b)

Right to enter property. The plan commission, its individual members and authorized agents, may enter upon land which is the subject of a pending application it has authority to act on as set forth in section 36-134.

(c)

Staff. The plan commission may employ, or contract for the services of, such professional planning technicians and staff as are considered necessary for the discharge of the duties and responsibilities of the commission, provided such expense does not exceed the appropriation that may be made for the commission by the town board for such purpose.

(d)

Comprehensive plan. The plan commission may by resolution recommend to the town board the adoption of or amendment to a comprehensive plan.

(e)

Chapter amendments. The plan commission shall act on proposed amendments of this code as set forth in article V.

(f)

Interpretation of this chapter. The plan commission shall act on interpretations of this chapter as set forth in article V.

(g)

Conditional uses. The plan commission shall act on conditional uses as set forth in article V.

(h)

Special exceptions. The plan commission shall act on special exceptions as set forth in article V.

(i)

Planned development districts. The plan commission shall act on planned development districts as set forth in article V.

(Ord. No. 2020-O-48, § 1(Exh. A), 9-16-2020)

State Law reference— Wis. Stats. § 62.23(4).

(a)

Number and appointment. The plan commission shall consist of seven members as appointed by the town board chairman, and confirmed by the town board. The chairman of the town board may appoint himself or herself to the commission and may appoint one town board member, except that the commission shall have at least five citizen members who are not town supervisors. Appointments shall be made by the chairman of the town board during the month of April for terms that expire in April or at any other time of the year if a vacancy occurs during the middle of a term.

(b)

Terms. Each citizen member shall be appointed to a three-year term. The term of a town supervisor shall be for one year and can be reappointed for consecutive terms without limitation. The term of the chairman of the town board shall coincide with his or her elected term.

(c)

Considerations in making citizen appointments. Citizen members shall be persons of recognized experience and qualifications and shall be residents of the town.

(d)

Conditions for removal. A citizen member shall be removed from the plan commission and the member's office declared vacant when the member moves outside of the town. If the chairman of the town board or a town supervisor serving on the commission resigns or is removed from his or her office, or his or her term expires, his or her term on the commission shall automatically terminate.

(Ord. No. 2020-O-48, § 1(Exh. A), 9-16-2020)

State Law reference— Wis. Stats. § 62.23(1)(a), (1)(d).

The chairman of the town board shall appoint a chairperson from its membership, including himself or herself. If the chairperson is absent for a meeting, another member of the commission shall serve as acting chairperson in his or her absence. The commission may create and fill other offices.

(Ord. No. 2020-O-48, § 1(Exh. A), 9-16-2020)

State Law reference— Wis. Stats. § 62.23(1)(a).

The plan commission may adopt rules of procedure to carry out its purposes. All such rules shall conform to this chapter, other town regulations, and state law and shall be filed in the office of the town clerk.

(Ord. No. 2020-O-48, § 1(Exh. A), 9-16-2020)

State Law reference— Wis. Stats. § 62.23(2).

Meetings of the plan commission shall be open to the public unless conducted in close session as authorized by state law. All meetings, except site visits, shall be conducted in the town hall or in such other public place as may be selected by the commission.

(Ord. No. 2020-O-48, § 1(Exh. A), 9-16-2020)

The plan commission shall keep minutes of its proceedings. The commission may amend previously adopted minutes provided such revision is based on substantive evidence.

(Ord. No. 2020-O-48, § 1(Exh. A), 9-16-2020)

Meetings of the plan commission shall be held at the call of the chairperson of the commission and at such other times as the commission may determine.

(Ord. No. 2020-O-48, § 1(Exh. A), 9-16-2020)

(a)

Requirements for quorum. A quorum of the plan commission shall consist of four voting members.

(b)

Requirements for voting. Unless otherwise specifically stated, a decision of the plan commission shall be approved by a majority vote of the members present at a meeting in which a quorum is in attendance and voting.

(c)

Disqualification or voluntary abstention. A member of the plan commission shall abstain from voting on a particular issue or shall be disqualified by majority vote of the remaining members present when:

(1)

The member has a direct financial interest in the outcome of the matter at issue;

(2)

The member has such close personal ties to the applicant, the project, or to a party opposing the application that the member cannot reasonably be expected to exercise sound judgment in the public interest;

(3)

The member would violate the code of ethics set forth in Wis. Stats. ch. 19, or any ethics code as may be adopted by the town;

(4)

Participation in the matter might violate the letter or spirit of a member's code of professional responsibility; or

(5)

Another law precludes participation.

(Ord. No. 2020-O-48, § 1(Exh. A), 9-16-2020)

Members of the plan commission may be compensated as determined by the town board.

(Ord. No. 2020-O-48, § 1(Exh. A), 9-16-2020)

Citizen members of the plan commission shall take the official oath as required by Wis. Stats. § 19.01. The town clerk shall keep a copy of such oaths.

(Ord. No. 2020-O-48, § 1(Exh. A), 9-16-2020)

Pursuant to Wis. Stats. § 62.23(7)(e) a zoning board of appeals is established to undertake the responsibilities as defined in this chapter and as allowed by state law.

(Ord. No. 2020-O-48, § 1(Exh. A), 9-16-2020)

(a)

Administrative appeals. The zoning board of appeals shall hear and decide administrative appeals consistent with the requirements in article V where it is alleged that the zoning administrator or building inspector:

(1)

Failed to act as required by this chapter;

(2)

Made an error in issuing a permit or in denying an application;

(3)

Made an error in enforcement; or

(4)

Made an error in an interpretation or any other determination.

In exercising these powers, the board may compel the administrative official to act as required or reverse or affirm, in whole or in part, or modify the order, requirement, decision, or determination being appealed and may make such order, requirement, decision, or determination as ought to be made and to that end shall have all the powers of the officer from whom the appeal is taken.

(b)

Variances. The zoning board of appeals shall hear and decide variances consistent with the requirements in article V.

(c)

Right to enter. The zoning board of appeals, along with its individual members and authorized agents, may enter upon land which is the subject of a pending application as set forth in section 36-134.

(d)

Amendments to this chapter. The zoning board of appeals may recommend amendments to this chapter it deems advisable.

(Ord. No. 2020-O-48, § 1(Exh. A), 9-16-2020)

The chairperson of the zoning board of appeals or acting chairperson may administer oaths and compel the attendance of witnesses.

(Ord. No. 2020-O-48, § 1(Exh. A), 9-16-2020)

State Law reference— Wis. Stats. § 62.23(7)(e)(3).

(a)

Number and appointment. The zoning board of appeals shall consist of five regular members as appointed by the chairman of the town board, subject to confirmation by the town board.

(b)

Alternates. The chairman of the town board shall, subject to confirmation by the town board, appoint two alternates to the zoning board of appeals for staggered three-year terms and annually appoint one of them as the first alternate and the other as the second alternate.

(c)

Considerations in making appointments. Regular members and alternate members of the zoning board of appeals shall reside in the town. A town employee shall not serve as a regular member or as an alternate.

(d)

Terms. Each regular member on the zoning board of appeals shall be appointed to hold office for a period of three years, except that for regular members two of those first appointed shall serve for one year, two for two years, and the fifth for three years.

(e)

Vacancies. Vacancies on the zoning board of appeals shall be filled for the unexpired term of any member or alternate whose term becomes vacant.

(f)

Removal. The chairman of the town board may remove a regular member or an alternate from the zoning board of appeals.

(Ord. No. 2020-O-48, § 1(Exh. A), 9-16-2020)

State Law reference— Wis. Stats. § 62.23(7)(e)(2).

The chairman of the town board shall designate one regular member to be the chairperson. The zoning board of appeals may designate other such officers deemed necessary.

(Ord. No. 2020-O-48, § 1(Exh. A), 9-16-2020)

The zoning board of appeals may adopt rules of procedure to carry out its purposes. All such rules shall conform to this chapter, other town regulations, and state law and shall be filed in the office of the town clerk.

(Ord. No. 2020-O-48, § 1(Exh. A), 9-16-2020)

Meetings of the zoning board of appeals shall be open to the public unless conducted in close session as authorized by state law. Meetings, except for site visits, shall be conducted in the town hall or in such other public place as may be selected by the board.

(Ord. No. 2020-O-48, § 1(Exh. A), 9-16-2020)

State Law reference— Wis. Stats. § 62.23(7)(e)(3).

The zoning board of appeals shall keep minutes of its proceedings, showing the vote of each voting member on each question, or, if absent or failing to vote, indicating such fact. The board may amend previously adopted minutes provided such revision is based on substantive evidence.

(Ord. No. 2020-O-48, § 1(Exh. A), 9-16-2020)

State Law reference— Wis. Stats. § 62.23(7)(e)(3).

Meetings shall be held at the call of the chairperson of the zoning board of appeals and at such other times as the zoning board of appeals may determine.

(Ord. No. 2020-O-48, § 1(Exh. A), 9-16-2020)

(a)

Requirements for quorum. A quorum shall consist of three voting members.

(b)

Requirements for voting. A decision of the zoning board of appeals shall be by majority vote of the members present at a meeting in which a quorum is in attendance and voting.

(c)

Disqualification or voluntary abstention. A member shall abstain from voting on a particular issue or shall be disqualified by majority vote of the remaining members present when:

(1)

The member has a direct financial interest in the outcome of the matter at issue;

(2)

The member has such close personal ties to the applicant, the project, or to a party opposing the application that the member cannot reasonably be expected to exercise sound judgment in the public interest;

(3)

The member would violate the code of ethics set forth in Wis. Stats. ch. 19 or any ethics code as may be adopted by the town;

(4)

Participation in the matter might violate the letter or spirit of a member's code of professional responsibility; or

(5)

Another law precludes participation.

(d)

Voting by alternates. The first alternate may vote only when one of the regular members of the board 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 regular member is absent is or is not able to vote.

(Ord. No. 2020-O-48, § 1(Exh. A), 9-16-2020)

State Law reference— Wis. Stats. § 62.23(7)(e)(3m), (7)(e)(2).

The regular members and alternates of the zoning board of appeals may be compensated as determined by the town board.

(Ord. No. 2020-O-48, § 1(Exh. A), 9-16-2020)

Members of the zoning board of appeals shall take the official oath as required by Wis. Stats. § 19.01. The town clerk shall keep a copy of such oaths.

(Ord. No. 2020-O-48, § 1(Exh. A), 9-16-2020)

The position of zoning administrator is established to undertake the responsibilities as defined in this chapter and as allowed by state law.

(Ord. No. 2020-O-48, § 1(Exh. A), 9-16-2020)

The chairman of the town board shall appoint the zoning administrator, subject to confirmation by the town board.

(Ord. No. 2020-O-48, § 1(Exh. A), 9-16-2020)

The zoning administrator shall administer, supervise, and enforce the provisions of this chapter and in furtherance of those duties shall have the authority to:

(1)

Meet with applicants to advise them of the requirements of this chapter;

(2)

Issue administrative permits;

(3)

Revoke or modify any administratively-issued permit or interpretation with reasonable cause;

(4)

Keep a written record of permits issued, interpretations made, inspections, work approved, enforcement activities, and other similar official actions;

(5)

Prepare staff reports consistent with this chapter and make recommendations as may be required or deemed appropriate;

(6)

Work with the town clerk in the preparation of meeting agendas for the plan commission and zoning board of appeals and submit them to the appropriate chairperson for review and approval;

(7)

Develop, amend, and utilize application forms, checklists, and other forms he or she deems appropriate to administer the development review processes contained in this chapter;

(8)

Recommend amendments to this chapter and to other chapters of the municipal chapter of the town relating to land use and development;

(9)

Assist the building inspector and town attorney with enforcement proceedings as may be requested; and

(10)

Undertake any other activity not enumerated in this section but necessary to administer and enforce this chapter or any other section of the municipal chapter of the town as may be appropriate.

(Ord. No. 2020-O-48, § 1(Exh. A), 9-16-2020)

The zoning administrator and/or authorized designee of the zoning administrator shall not perform work on a proposed or approved development project in which he or she has a direct financial interest in the outcome of the matter at issue or otherwise has a conflict of interest.

(Ord. No. 2020-O-48, § 1(Exh. A), 9-16-2020)