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.1026(2)-°(10) ::
<br /> with the provisions of any ordinance or ordinances the parties in interest, and decide the same within a
<br /> adopted pursuant to sections 59.69, 59.692 or reasonable time. Upon the hearing any party may
<br /> 87.30, Wis. Stats. The board of adjustment may appeal in person or by agent or attorney.
<br /> adopt further rules as necessary to carry into effect (6) Powers of the board of adjustment. The
<br /> the regulations of the county board. Meetings of board of adjustment shall have the following `
<br /> the board shall be held at the call of the chairperson powers:
<br /> and at such other times as the board may (a) To hear and decide appeals where it is
<br /> determine. Such chairperson, or in his or her alleged there is error in any order, requirement,
<br /> absence the acting chairperson, may administer decision or determination made by an
<br /> oaths and compel the attendance of witnesses. All administrative official in the enforcement of sections
<br /> meetings of the board shall be open to the public. 59.69, 59.692 or 87.30, Wis. Stats., or of any
<br /> The board shall keep minutes of its proceedings, ordinance adopted pursuant thereto.
<br /> showing the vote of each member upon each (b) To hear and decide special exceptions to the
<br /> question, or, if absent or failing to vote, indicating terms of the ordinance upon which such board is
<br /> such fact and shall keep records of its examinations required to pass under such ordinance.
<br /> and other official actions, all of which shall be (c) To authorize upon appeal in specific cases
<br /> immediately filed in the office of the board and such variance from the terms of the ordinance as
<br /> shall be public record. will not be contrary to the public interest, where,
<br /> (3) Appeals to the board. Appeals to the board of owing to special conditions, a literal enforcement of
<br /> adjustment may be taken by any person aggrieved the provisions of the ordinance will result in
<br /> or by any officer, department, board or bureau of unnecessary hardship, and so that the spirit of the
<br /> the municipality affected by any decision of the ordinance shall be observed and substantial justice
<br /> zoning administrator or other administrative officer; done.
<br /> an appeal may also be taken by the committee. (7) Order on appeal. In exercising the
<br /> Such appeal shall be taken within a reasonable above-mentioned powers such board may, in
<br /> time, as provided by the rules of the board, by filing conformity with the provisions of this section,
<br /> with the officer from whom the appeal is taken and reverse or affirm, wholly or partly, or modify the
<br /> with the board of adjustment a notice of appeal order, requirement, decision or determination -
<br /> specifying the grounds thereof. The officer from appealed from and may make such order,
<br /> whom the appeal is taken shall forthwith transmit to requirement, decision or determination as ought to
<br /> the board all the papers constituting the record be made, and to that end shall have all the powers .
<br /> upon which the action appealed from was taken. of the officer from whom the appeal is taken.
<br /> The committee may appeal only those matters (8) Majority rule. The concurring vote of a
<br /> properly before it prior to the committee vote and majority of the,board shall be necessary to reverse
<br /> within thirty (30) days of the public hearing on the any order, requirement, decision or determination
<br /> matter and only by a 2/3 vote of the committee's of such administrative official, or to decide in favor
<br /> members. The committee's appeal shall be exempt of the applicant on any matter upon which it is
<br /> from fee. required to pass under any such ordinance, or to
<br /> (4) Stays. An appeal shall stay all proceedings in effect any variation in such ordinance.
<br /> furtherance of the action appealed from, unless the (9) Expiration of authorization. When any
<br /> officer from whom the appeal is taken shall certify construction shall have been authorized by the
<br /> to the board of adjustment after the notice of appeal board of adjustment pursuant to the provisions of
<br /> shall have been filed with him or her that by reason this section, a permit for such construction shall be
<br /> of facts stated in the certificate a stay would cause taken out within one year from the date of such
<br /> imminent peril to life or property. In such case, authorization, otherwise such authorization shall
<br /> proceedings shall not be stayed otherwise than by a become null and void; provided that the board of
<br /> restraining order, which may be granted by the adjustment, upon request, may extend such
<br /> board of adjustment or by a court of record on authorization for a specific period without the
<br /> application on notice to the officer from whom the necessity of another public hearing. •
<br /> appeal is taken and on due cause shown. (10) Effect of the denial of an appeal by the board
<br /> (5) Hearing appeals. The board of adjustment of adjustment. An appeal that has been denied by
<br /> shall fix a reasonable time for the hearing of the the board of adjustment shall not be resubmitted for '
<br /> appeal and publish a class 2 notice thereof under a period of one year from the date of denial, except
<br /> ch. 985, Wis. Stats., as well as give due notice to
<br /> Page 10-46
<br /> rev. 103198
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