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- 10.26(2)==:(10) -:: T with the provisions of any ordinance or ordinances the parties in interest, and decide the same within a adopted pursuant to sections 59.69, 59.692 or reasonable time. Upon the hearing any party may 87.30, Wis. Stats. The board of adjustment may appeal in person or by agent or attorney. adopt further rules as necessary to carry into effect (6) Powers of the board of adjustment. The the regulations of the county board. Meetings of board of adjustment shall have the following the board shall be held at the call of the chairperson powers: and at such other times as the board may (a) To hear and decide appeals where it is determine. Such chairperson, or in his or her alleged there is error in any order, requirement, absence the acting chairperson, may administer decision or determination made by an oaths and compel the attendance of witnesses. All administrative official in the enforcement of sections meetings of the board shall be open to the public. 59.69, 59.692 or 87.30, Wis. Stats., or of any The board shall keep minutes of its proceedings, ordinance adopted pursuant thereto. showing the vote of each member upon each (b) To hear and decide special exceptions to the question, or, if absent or failing to vote, indicating terms of the ordinance upon which such board is such fact and shall keep records of its examinations required to pass under such ordinance. and other official actions, all of which shall be (c) To authorize upon appeal in specific cases immediately filed in the office of the board and such variance from the terms of the ordinance as shall be public record. will not be contrary to the public interest, where, (3) Appeals to the board. Appeals to the board of owing to special conditions, a literal enforcement of adjustment may be taken by any person aggrieved the provisions of the ordinance will result in or by any officer, department, board or bureau of unnecessary hardship, and so that the spirit of the the municipality affected by any decision of the ordinance shall be observed and substantial justice zoning administrator or other administrative officer; done. an appeal may also be taken by the committee. (7) Order on appeal. In exercising the Such appeal shall be taken within a reasonable above-mentioned powers such board may, in time, as provided by the rules of the board, by filing conformity with the provisions of this section, with the officer from whom the appeal is taken and reverse or affirm, wholly or partly, or modify the with the board of adjustment a notice of appeal order, requirement, decision or determination specifying the grounds thereof. The officer from appealed from and may make such order, whom the appeal is taken shall forthwith transmit to requirement, decision or determination as ought to the board all the papers constituting the record be made, and to that end shall have all the powers upon which the action appealed from was taken. of the officer from whom the appeal is taken. The committee may appeal only those matters (8) Majority rule. The concurring vote of a properly before it prior to the committee vote and majority of the.board shall be necessary to reverse within thirty (30) days of the public hearing on the any order; requirement, decision or determination matter and only by a 2/3 vote of the committee's: of such administrative official, or to decide in favor members. The committee's appeal shall be exempt of the applicant on any matter upon which it is from fee. required to pass under any such ordinance, or to (4) Stays. An appeal shall stay all proceedings in effect any variation in such ordinance. furtherance of the action appealed from, unless the (9) Expiration of authorization. When any officer from whom the appeal is taken shall certify construction shall have been authorized by the to the board of adjustment after the notice of appeal board of adjustment pursuant to the provisions of shall have been filed with him or her that by reason this section, a permit for such construction shall be of facts stated in the certificate a stay would cause taken out within one year from the date of such imminent peril to life or property. In such case, authorization, otherwise such authorization shall proceedings shall not be stayed otherwise than by a become null and void; provided that the board of restraining order, which may be granted by the adjustment, upon. request, may extend such board of adjustment or by a court of record on authorization for a specific period without the application on notice to the officer from whom the necessity of another public hearing. appeal is taken and on due cause shown. (10) Effect of the denial of an appeal by the board (5) Hearing appeals. The board of adjustment of adjustment. An appeal that has been denied by shall fix a reasonable time for the hearing of the the board of adjustment shall not be resubmitted for appeal and publish a class 2 notice thereof under a period of one year from the date of denial, except ch. 985, Wis. Stats., as well as give due notice to Page 10-46 rev. 103198