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?1.0:26(2)x,10.26(9)
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<br /> board. Meetings of the board shall be held at the the parties in interest, and decide the same within
<br /> all of the chairperson and at such other times as a reasonable time. Upon the hearing any party
<br /> the board may determine. Such chairperson, or in may appeal in person or by agent or attorney.
<br /> his or her absence the acting chairperson, may •(6) Powers of the board of adjustment. The
<br /> administer oaths and compel the attendance of board of adjustment shall have the following
<br /> witnesses. AU meetings of the board shall be open powers:
<br /> to the public. The board shall keep minutes of its (a) To hear and decide appeals where it is
<br /> proceedings, showing the vote of each member alleged there is error in any order, requirement, •
<br /> upon each question, or, if absent or failing to vote, decision or determination made by an
<br /> indicating such fact, and shall keep records of its administrative official in the enforcement of
<br /> examinations and other official actions, all of sections 59.69, 59.692 or 87.30, Wis. Stats., or of
<br /> which shall be immediately filed in the office of any ordinance adopted pursuant thereto.'
<br /> the board and shall be public record. (b) To hear and decide special exceptions to the
<br /> (3) Appeals to the board. Appeals to the board terms of the ordinance upon which such board is
<br /> of adjustment may be taken by any person required to pass under such ordinance.
<br /> aggrieved or,by any officer, department, board or (c) To authorize upon appeal in specific cases
<br /> bureau of the municipality affected by any decision such variance from the terms of the ordinance as
<br /> of the zoning administrator or other administrative will not be contrary to the public interest, where,
<br /> officer; an appeal may also be taken by the owing to special conditions, a literal enforcement
<br /> committee. Such appeal shall be taken within a of the provisions of the ordinance will result in
<br /> reasonable time, as provided by the rules of the unnecessary hardship, and so that the spirit of the
<br /> board, by filing with the officer from whom the ordinance shall be observed and substantial justice
<br /> appeal is taken and with the board of adjustment a done.
<br /> notice of appeal specifying the grounds thereof. (7) Order on appeal. In exercising the
<br /> The officer from whom the appeal is taken shall above-mentioned powers such board may, in
<br /> forthwith transmit to the board all the papers conformity with the provisions of this section,
<br /> constituting the record upon which the action reverse or affirm, wholly or partly, or modify the
<br /> appealed from was taken. The committee may order, requirement, decision or determination
<br /> appeal only those matters properly before it prior appealed from and may make such order,
<br /> to the committee vote and within thirty(30) days of requirement, decision or determination as ought to
<br /> the public hearing on the matter, and only by a 2/3 be made, and to that end shall have all the powers
<br /> vote of the committee's members. The of the officer from whom the appeal is taken.
<br /> committee's appeal shall be exempt from fee. (8) Majority rule. The concurring vote of a
<br /> (4) Stays. An appeal shall stay all proceedings majority of the board shall be necessary to reverse
<br /> in furtherance of the action appealed from, unless any order, requirement, decision or determination
<br /> the officer from whom the appeal is taken shall of such administrative official, or to decide in favor •
<br /> certify to the board of adjustment after the notice of of the applicant on any matter upon which it is
<br /> appeal shall have been filed with him or her that required to pass under any such ordinance, or to
<br /> by reason of facts stated in the certificate a stay effect any variation in such ordinance.
<br /> would cause imminent peril to life or property. In (9) Expiration of authorization. When any
<br /> such case, proceedings shall not be stayed construction shall have been authorized by the
<br /> otherwise than by a restraining order, which may board of adjustment pursuant to the provisions of
<br /> be granted by the board'of adjustment or by a this section; a permit for such construction shall be
<br /> court of record on application on notice to the taken out within -one year from the date of such
<br /> officer from whom the appeal is taken and on due authorization, otherwise such authorization shall
<br /> cause shown. become null and void; provided that the board of
<br /> (5) Hearing appeals. The board of adjustment adjustment, upon request, may extend such
<br /> shall fix a reasonable time for the hearing of the authorization for a specific period without the
<br /> appeal and publish a class 2 notice thereof under necessity of another public hearing.
<br /> ch. 985, Wis. Stats., as well as give due notice to
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<br /> 6 Ord.Amend. 43, 1996-97, incorrectly referenced an amendment to sec. 10.56 when the correct
<br /> reference is to this section, s. 10.56(6)(a). A correction bill is pending.
<br /> Page 10-42
<br /> rev. 073197
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