§ 60-367. Establishment of zoning board of appeals.

The zoning board of appeals is established for the purpose of hearing appeals and applications and granting variances to the provisions of this chapter in harmony with the purpose and intent of this chapter.

(1)

Composition. The zoning board of appeals shall consist of five citizen members appointed by the town chairperson and subject to confirmation by the town board for terms of three years, except that of those first appointed, one shall serve for one year, two for two years, and two for three years. Annually the town chairperson shall designate one member as chairperson, and that designee shall appoint a vice-chairperson.

(2)

Secretary. The board of appeals may employ a secretary and other employees if approved by the town board; their compensation shall be set by the town board.

(3)

Removal. Any member of the board of appeals in violation of section 2-428 shall be considered for removal by the town board.

(4)

Alternate members. The town chairperson shall appoint two alternate members in addition to the five regular members for staggered three-year terms. The town chairperson shall annually designate one of the alternates as the first alternate member and the other as the second alternate member. The first alternate member shall act only when a regular member is absent or abstains. The second alternate member may act only when the first alternate is unable to act or is already sitting or acting.

(5)

Payment. The town board may establish a per diem allowance per meeting for citizen and town board members of the zoning board of appeals, as allowed under Wis. Stats. § 66.0501(2). Town board members would be paid when attending meetings on which they are a member or for which their presence is required because of invitation from the chairperson of the board of appeals. In addition, the town board may reimburse reasonable costs and expenses, as allowed under Wis. Stats. § 60.321.

(6)

Organization. The zoning board of appeals shall organize and adopt rules of procedure for its own governance in accordance with the provisions of this chapter.

a.

Meetings and hearings shall be held at the call of the chairperson and shall be open to the public, except that the board may go into executive session to deliberate after a hearing or an appeal.

b.

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 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.

c.

Minutes of the proceedings and a record of all actions shall be kept by the board showing the vote of each member upon each question, the reasons for the board's determination, and its finding of facts. These records shall be immediately filed in the office of the town clerk and shall be a public record.

d.

The concurring vote of four members of the board shall be necessary to correct an error, grant a variance, and make an interpretation.

e.

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.

f.

A board member who recuses himself does not vote and does not have any discussion or involvement in the matter in question. The member should physically remove himself from the table where the zoning board is seated while the matter is discussed to make it clear he is not serving as a member of the zoning board. The meeting minutes should reflect that the member has recused himself; however the member may offer testimony as a member of the public.