Richfield Village Washington County
City Zoning Code
City Zoning Code
ARTICLE 3
Administrative Bodies
§ 170.100 Establishment.
A Plan Commission is established pursuant to § 62.23(1), Wis. Stats., to undertake the responsibilities as defined in this chapter and as allowed by state law.
§ 170.101 Authority.
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 Village of Richfield, whether enumerated in this section or not.[1]
[1]
Editorial Note: See § 62.23(4), Wis. Stats.
B.
Right to enter property. The Plan Commission, along with 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 § 170.05.[2]
[2]
Editorial Note: See § 62.23(4), Wis. Stats.
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 that such expense does not exceed the appropriation that may be made for the Commission by the Village Board for such purpose.[3]
[3]
Editorial Note: See § 62.23(1)(e), Wis. Stats.
D.
Comprehensive Plan. The Plan Commission may by resolution recommend to the Village Board the adoption of or amendment to a Comprehensive Plan.[4]
[4]
Editorial Note: See § 62.23(2), Wis. Stats.
E.
Code amendments. The Plan Commission shall act on proposed amendments of this chapter as set forth in Article 5.
F.
Development review. The Plan Commission shall render decisions and recommendations relating to development applications required by this chapter.
G.
Interpretation of this code. The Plan Commission shall act on interpretations of this chapter as set forth in Article 5.
§ 170.102 Composition; appointment of members; terms; removal.
A.
Number and appointment. The Plan Commission shall consist of seven regular members, five of whom are residents of the Village who do not hold an elected office in the Village and are appointed by the Village Board. Subject to the confirmation of the Village Board, the Village President shall appoint the two other members. One or both of such appointees may be Village Board members. The Village President may include himself/herself as one of the Village Board member appointees.
B.
Terms. Each citizen member shall be appointed to a three-year term.[1] Initial appointments in May 2008 shall be staggered as determined by the Village Board. The term of a Village Trustee shall be for one year and can be reappointed for consecutive terms without limitation. The term of the Village President shall coincide with his or her elected term.
[1]
Editorial Note: See § 62.23(1)(d), Wis. Stats.
C.
Considerations in making citizen appointments. Citizen members shall be persons of recognized experience and qualifications and shall be residents of the Village of Richfield.[2]
[2]
Editorial Note: See § 62.23(1)(d), Wis. Stats.
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 Village. If the Village President or a Village Trustee 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.
§ 170.103 Officers.
The Village President may also be the Chairperson of the Plan Commission or may appoint a citizen member as Chair, for a one-year term in that capacity. The Plan Commission shall elect a Vice Chair annually in June. If the Chairperson is absent for a meeting, the Vice Chair shall preside over the meeting. The Commission may create and fill other offices.
§ 170.104 Commission procedures.
The Plan Commission may adopt rules of procedure to carry out its purposes. All such rules shall conform to this chapter, other Village regulations, and state law and shall be filed in the office of the Village Clerk.[1]
[1]
Editorial Note: See § 62.23(2), Wis. Stats.
§ 170.105 Meetings.
Meetings of the Plan Commission are open to the public unless conducted in close session as authorized by state law. All meetings, except site visits, shall be conducted in the Village Hall or in such other public place as may be selected by the Commission.
§ 170.106 Meeting minutes.
The Plan Commission shall keep minutes of its proceedings. The Commission may amend previously adopted minutes, provided that such revision is based on substantive evidence.
§ 170.107 Schedule of meetings.
Meetings of the Plan Commission are held at the call of the Chairperson of the Commission and at such other times as the Commission may determine.
§ 170.108 Voting and quorum.
A.
Requirements for quorum. A quorum of the Plan Commission shall consist of four voting members. If there is not a quorum present, the fact shall be entered in the minutes, and the meeting adjourned.
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 Ch. 19 Wis. Stats., or any ethics code as may be adopted by the Village;
(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.
§ 170.109 Compensation of members.
The Village Board shall establish annually the compensation to be paid to members to defray expenses related to service on the Plan Commission.
§ 170.110 Official oath.
Citizen members of the Plan Commission shall take the official oath as required by § 19.01, Wis. Stats. The Village Clerk shall keep a copy of such oaths.
§ 170.120 Establishment.
An Architectural Review Board is established to undertake the responsibilities as defined in this chapter and as allowed by state law.
§ 170.121 Authority.
The Architectural Review Board shall have the powers and duties of hearing, reviewing and acting upon items as brought forward by the Zoning Administrator and/or Building Inspector, to provide recommendation to the Plan Commission. The Board may call upon the review of other specialists, at the cost of the applicant, to determine the integrity and validity of the building and/or project. The Village Board may delegate other duties and responsibilities to this Board on an as-needed basis.
§ 170.122 Composition; appointment of members.
The Architectural Review Board shall consist of five members. The Village President, subject to confirmation by the Village Board, shall appoint one member, and the Village Board shall appoint the other four members. No more than one of the appointees may be a Village Board member. No more than one of the appointees may be a Plan Commission member. Initial appointments shall be staggered as determined by the Village Board. At least one member should be an architect licensed by the State of Wisconsin. The remaining four members shall have experience in, but not limited to, the following fields: architectural products, real estate, construction, development, design or other specialties involving architectural design, site plan/technical specification reading and interpretation, development finances, etc.
§ 170.123 Officers.
The person appointed by the Village President, subject to the confirmation by the Village Board, will serve as the Chairperson. If the Chairperson is absent for a meeting, the Zoning Administrator or his or her designee shall call the meeting to order and the Board shall elect a Chair for that meeting.
§ 170.124 Board procedures.
The Architectural Review Board may adopt rules of procedure to carry out its purposes. All such rules shall conform to this chapter, other Village regulations, and state law and shall be filed in the office of the Village Clerk.
§ 170.125 Meetings.
Meetings of the Architectural Review Board are open to the public unless conducted in close session as authorized by state law. All meetings shall be conducted in the Village Hall or in such other public place as may be selected by the Board.
§ 170.126 Meeting minutes.
The Architectural Review Board shall keep minutes of its proceedings. The Board may amend previously adopted minutes, provided that such revision is based on substantive evidence.
§ 170.127 Schedule of meetings.
Meetings of the Architectural Review Board are held at the call of the Chairperson of the Board and at such other times as the Board may determine.
§ 170.128 Voting and quorum.
A.
Requirements for quorum. A quorum of the Architectural Review Board shall consist of three voting members. If there is not a quorum present, the fact shall be entered in the minutes, and the meeting adjourned.
B.
Requirements for voting. Unless otherwise specifically stated, a decision of the Architectural Review Board 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 Architectural Review Board 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 Ch. 19. Wis. Stats., or any ethics code as may be adopted by the Village;
(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.
§ 170.129 Meetings.
Meetings of the Architectural Review Board are open to the public unless conducted in close session as authorized by state law.[1] Meetings shall be conducted in the Village Hall or in such other public place as may be selected by the Board.
[1]
Editorial Note: See § 62.23(7)(e)(3), Wis. Stats.
§ 170.130 Meeting minutes.
The Architectural Review Board 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.[1] The Board may amend previously adopted minutes, provided that such revision is based on substantive evidence.
[1]
Editorial Note: See § 62.23(7)(e)(3), Wis. Stats.
§ 170.131 Schedule of meetings.
Meetings are held at the call of the Chairperson of the Architectural Review Board and at such other times as the Architectural Review Board may determine.
§ 170.132 Compensation of members.
The Village Board shall establish annually the compensation to be paid to members to defray expenses related to service on the Board.
§ 170.133 Official oath.
Citizen members of the Architectural Review Board shall take the official oath as required by § 19.01, Wis. Stats. The Village Clerk shall keep a copy of such oaths.
§ 170.150 Establishment.
A Zoning Board of Appeals is established pursuant to § 62.23(7)(e), Wis. Stats., to undertake the responsibilities as defined in this chapter and state law.
§ 170.151 Authority.
A.
Administrative appeals. The Zoning Board of Appeals shall hear and decide administrative appeals consistent with the requirements in Article 5 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 5.
C.
Right to enter. The Zoning Board of Appeals, its individual members, employees, and authorized agents, may enter upon land which is the subject of a pending application as set forth in § 170.203.
D.
Amendments to this code. The Zoning Board of Appeals may recommend amendments to this chapter it deems advisable.
§ 170.152 Authority of Chairperson.
The Chairperson of the Zoning Board of Appeals or Acting Chairperson may administer oaths and compel the attendance of witnesses.[1]
[1]
Editorial Note: See § 62.23(7)(e)(3), Wis. Stats.
§ 170.153 Composition; appointment of members; terms; vacancies; removal.
A.
Number and appointment. The Zoning Board of Appeals shall consist of five regular members as appointed by the Village President, subject to confirmation by the Village Board.[1]
[1]
Editorial Note: See § 62.23(7)(e)(2), Wis. Stats.
B.
Alternates. The Village President, subject to confirmation by the Village Board, shall 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.[2]
[2]
Editorial Note: See § 62.23(7)(e)(2), Wis. Stats.
C.
Considerations in making appointments. Regular members and alternate members of the Zoning Board of Appeals shall reside in the Village of Richfield. A Village 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 Village President may remove a regular member or an alternate from the Zoning Board of Appeals.
§ 170.154 Officers.
The Village President shall designate one regular member to be the Chairperson. The Zoning Board of Appeals may designate other such officers deemed necessary. If the Chairperson is absent for a meeting, the Zoning Administrator or his or her designee shall call the meeting to order and the Board shall elect a Chair for that meeting.
§ 170.155 Board procedures.
The Zoning Board of Appeals may adopt rules of procedure to carry out its purposes. All such rules shall conform to this chapter, other Village regulations, and state law and shall be filed in the office of the Village Clerk.
§ 170.156 Meetings.
Meetings of the Zoning Board of Appeals are open to the public unless conducted in close session as authorized by state law.[1] Meetings, except for site visits, shall be conducted in the Village Hall or in such other public place as may be selected by the Board.
[1]
Editorial Note: See § 62.23(7)(e)(3), Wis. Stats.
§ 170.157 Meeting minutes.
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.[1] The Board may amend previously adopted minutes, provided that such revision is based on substantive evidence.
[1]
Editorial Note: See § 62.23(7)(e)(3), Wis. Stats.
§ 170.158 Schedule of meetings.
Meetings are 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.
§ 170.159 Voting and quorum.
A.
Requirements for quorum. A quorum shall consist of three voting members. If there is not a quorum present, the fact shall be entered in the minutes, and the meeting adjourned.
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.[1]
[1]
Editorial Note: See § 62.23(7)(e)(3m), Wis. Stats.
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 Ch. 19. Wis. Stats., or any ethics code as may be adopted by the Village;
(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.[2]
[2]
Editorial Note: See § 62.23(7)(e)(2), Wis. Stats.
§ 170.160 Compensation of members.
The Village Board shall establish annually the compensation to be paid to members to defray expenses related to service on the Board.
§ 170.161 Official oath.
Members of the Zoning Board of Appeals shall take the official oath as required by § 19.01, Wis. Stats. The Village Clerk shall keep a copy of such oaths.
§ 170.170 Establishment.
The position of Zoning Administrator is established to undertake the responsibilities as defined in this chapter and state law.
§ 170.171 Appointment.
The Village President shall appoint, subject to confirmation by the Village Board, and supervise the Zoning Administrator.
§ 170.172 Authority.
The Zoning Administrator shall administer, supervise, and enforce the provisions of this chapter and in furtherance of those duties shall have the authority to:
A.
Meet with applicants to advise them of the requirements of this chapter;
B.
Issue administrative permits;
C.
Revoke or modify any administratively issued permit or interpretation with reasonable cause;
D.
Keep a written record of permits issued, interpretations made, inspections, work approved, enforcement activities, and other similar official actions;
E.
Prepare staff reports consistent with this chapter and make recommendations as may be required or deemed appropriate;
F.
Work with the Village 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;
G.
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;
H.
Recommend amendments to this chapter and to other chapters of the Municipal Code of the Village of Richfield relating to land use and development;
I.
Assist the Building Inspector and Village Attorney with enforcement proceedings as may be requested;
J.
Notify the regional office of the Wisconsin Department of Natural Resources of any violations of the floodplain regulations;
K.
Inspect and assess all damaged floodplain structures to determine if substantial damage to the structures has occurred; and
L.
Undertake any other activity not enumerated in this section but necessary to administer and enforce this chapter or any other section of the Municipal Code of the Village of Richfield as may be appropriate.
§ 170.173 Conflict of interest.
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.