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10.26(4)— 10.28
<br /> administrative officer; an appeal may also be the ordinance shall be observed and substantial
<br /> taken by the committee. Such appeal shall be justice done.
<br /> taken within a reasonable time, as provided by (7) Order on appeal. In exercising the above-
<br /> the rules of the board, by filing with the officer mentioned powers such board may, in
<br /> from whom the appeal is taken and with the conformity with the provisions of this section,
<br /> board of adjustment a notice of appeal specifying reverse or affirm, wholly or partly, or modify the
<br /> the grounds thereof. The officer from whom the order, requirement, decision or determination
<br /> appeal is taken shall forthwith transmit to the appealed from and may make such order,
<br /> board all the papers constituting the record upon requirement, decision or determination as ought
<br /> which the action appealed from was taken. The to be made, and to that end shall have all the
<br /> committee may appeal only those matters powers of the officer from whom the appeal is
<br /> properly before it prior to the committee vote and taken.
<br /> within thirty (30) days of the public hearing on (8) Majority rule. The concurring vote of a
<br /> the matter and only by a 2/3 vote of the majority of the board shall be necessary to
<br /> committee's members. The committee's appeal reverse any order, requirement, decision or
<br /> shall be exempt from fee. determination of such administrative official, or to
<br /> (4) Stays. An appeal shall stay all decide in favor of the applicant on any matter
<br /> proceedings in furtherance of the action upon which it is required to pass under any such
<br /> appealed from, unless the officer from whom the ordinance, or to effect any variation in such
<br /> appeal is taken shall certify to the board of ordinance.
<br /> adjustment after the notice of appeal shall have (9) Expiration of authorization. When any
<br /> been filed with him or her that by reason of facts . construction shall have been authorized by the
<br /> stated in the certificate a stay would cause board of adjustment pursuant to the provisions of
<br /> imminent peril to life or property. In such case, this section, a permit for such construction shall
<br /> proceedings shall not be stayed otherwise than be taken out within one year from the date of
<br /> by a restraining order, which may be granted by such authorization, otherwise such authorization
<br /> the board of adjustment or by a court of record shall become null and void; provided that the
<br /> on application on notice to the officer from whom board of adjustment, upon request, may extend
<br /> the appeal is taken and on due cause shown. such authorization for a specific period without
<br /> (5) Hearing appeals. The board of adjustment the necessity of another public hearing.
<br /> shall fix a reasonable time for the hearing of the (10) Effect of the denial of an appeal by the
<br /> appeal and publish a class 2 notice thereof board of adjustment. An appeal that has been
<br /> under ch. 985, Wis. Stets., as well as give due denied by the board of adjustment shall not be
<br /> notice to the parties in interest, and decide the resubmitted for a period of one year from the
<br /> same within .a reasonable time. Upon the date of denial, except on the grounds of new
<br /> hearing any party may appeal in person or by evidence or proof of change of conditions found
<br /> agent or attorney. to be valid by the board.
<br /> (6) Powers of the board of adjustment. The [History: (3) am., OA 20, 1989-90, pub. 02/27/90; (2), (5)
<br /> board of adjustment shall have the following and (6)(a) am., OA 16, 1996-97, pub. 01/16!97; (2) and (6)
<br /> am., OA 43, 1996-97, pub. 06/17/97; (6)(a) am., OA 22,
<br /> powers: 1997-98,pub.06/03/98.]
<br /> (a) To hear and decide appeals where it is
<br /> alleged there is error in any order, requirement, 10.27 SEVERABILITY OF ORDINANCE
<br /> decision or determination made by an PROVISIONS. Should any section, clause or
<br /> administrative official in the enforcement of provision of this ordinance be declared by the
<br /> sections 59.69, 59.692 or 87.30, Wis. Stats., or courts to be invalid, the same shall not affect the
<br /> of any ordinance adopted pursuant thereto. validity of the ordinance as a whole to any part
<br /> (b) To hear and decide special exceptions to thereof, other than the part so declared to be
<br /> the terms of the ordinance upon which such invalid.
<br /> board is required to pass under such ordinance.
<br /> (c) To authorize upon appeal in specific cases 10.28 REPEAL OF CONFLICTING
<br /> such variance from the terms of the ordinance as PROVISIONS. All ordinances or parts of
<br /> will not be contrary to the public interest, where, ordinances in conflict with the provisions of this
<br /> owing to special conditions, a literal enforcement ordinance are hereby repealed.
<br /> of the provisions of the ordinance will result in
<br /> unnecessary hardship, and so that the spirit of
<br /> Page 10-68
<br /> rev. 073113
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