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10.26(2)—(8) serving for a term of three (3) years, the terms adjustment after the notice of appeal shall have beginning July 1st and being staggered so that been filed with him or her that by reason of facts the terms of not more than two members shall stated in the certificate a stay would cause expire in any year. Members shall reside in the imminent peril to life or property. In such case, unincorporated areas of the county and no two proceedings shall not be stayed otherwise than members shall be from the same town. by a restraining order, which may be granted by Compensation of members shall be the same as the board of adjustment or by a court of record allowed county board members for attendance at on application on notice to the officer from whom committee meetings. the appeal is taken and on due cause shown. (2) Rules, meetings and minutes. The county (5) Hearing appeals. The board of adjustment board shall adopt rules for the conduct of the shall fix a reasonable time for the hearing of the business of said board of adjustment, in appeal and publish a class 2 notice thereof accordance with the provisions of any ordinance under ch. 985, Wis. Stats., as well as give due or ordinances adopted pursuant to sections notice to the parties in interest, and decide the 59.69, 59.692 or 87.30, Wis. Stats. The board of same within a reasonable time. Upon the adjustment may adopt further rules as necessary hearing any party may appeal in person or by to carry into effect the regulations of the county agent or attorney. board. Meetings of the board shall be held at the (6) Powers of the board of adjustment. The call of the chairperson and at such other times board of adjustment shall have the following as the board may determine. Such chairperson, powers: or in his or her absence the acting chairperson, (a) To hear and decide appeals where it is may administer oaths and compel the alleged there is error in any order, requirement, attendance of witnesses. All meetings of the decision or determination made by an board shall be open to the public. The board administrative official in the enforcement of shall keep minutes of its proceedings, showing sections 59.69, 59.692 or 87.30, Wis. Stats., or the vote of each member upon each question, of any ordinance adopted pursuant thereto. or, if absent or failing to vote, indicating such fact (b) To hear and decide special exceptions to and shall keep records of its examinations and the terms of the ordinance upon which such other official actions, all of which shall be board is required to pass under such ordinance. immediately filed in the office of the board and (c) To authorize upon appeal in specific cases shall be public record. such variance from the terms of the ordinance as (3) Appeals to the board. Appeals to the board will not be contrary to the public interest, where, of adjustment may be taken by any person owing to special conditions, a literal enforcement aggrieved or by any officer, department, board or of the provisions of the ordinance will result in bureau of the municipality affected by any unnecessary hardship, and so that the spirit of decision of the zoning administrator or other the ordinance shall be observed and substantial administrative officer; an appeal may also be justice done. taken by the committee. Such appeal shall be (7) Order on appeal. In exercising the above- taken within a reasonable time, as provided by mentioned powers such board may, in the rules of the board, by filing with the officer conformity with the provisions of this section, from whom the appeal is taken and with the reverse or affirm, wholly or partly, or modify the board of adjustment a notice of appeal specifying order, requirement, decision or determination the grounds thereof. The officer from whom the appealed from and may make such order, appeal is taken shall forthwith transmit to the requirement, decision or determination as ought board all the papers constituting the record upon to be made, and to that end shall have all the which the action appealed from was taken. The powers of the officer from whom the appeal is committee may appeal only those matters taken. properly before it prior to the committee vote and (8) Majority rule. The concurring vote of a within thirty (30) days of the public hearing on majority of the board shall be necessary to the matter and only by a 2/3 vote of the reverse any order, requirement, decision or committee's members. The committee's appeal determination of such administrative official, or to shall be exempt from fee. decide in favor of the applicant on any matter (4) Stays. An appeal shall stay all upon which it is required to pass under any such proceedings in furtherance of the action ordinance, or to effect any variation in such appealed from, unless the officer from whom the ordinance. appeal is taken shall certify to the board of Page 10-69 - rev. 013116