|
10.255(3)(a)2. 10.26(6)[intro.]
<br /> covenant is not recorded by the end of the may administer oaths and compel the
<br /> specified time period, the possibility of making attendance of witnesses. All meetings of the
<br /> effective the rezoning will then be terminated. board,shall be open to the public. The board
<br /> (b) Conditions specified to be in such required shall keep minutes of its proceedings, showing
<br /> covenants shall be related to the purposes of the the vote of each member upon each question,
<br /> ordinance. They may include, as specific cases or, if absent or failing to vote, indicating such fact
<br /> warrant, limits of permissible uses to less than and shall keep records of its examinations and
<br /> the full range of uses otherwise allowable in the other official actions, all of which shall be
<br /> district into which the land is being placed. immediately filed in the office of the board and
<br /> Enforcement rights over such covenant controls shall be public record.
<br /> shall be afforded to the county, the town and (3) Appeals to the board. Appeals to the board
<br /> owners of property within 300 feet of the site. of adjustment may be taken by any person
<br /> The covenant controls shall be amendable or aggrieved or by any officer, department, board or
<br /> repealable upon petition of the owner of the bureau of the municipality affected by any
<br /> lands subject to the controls and approval by the decision of the zoning administrator or other
<br /> county board after a hearing similar to a rezoning administrative officer, an appeal may also be
<br /> hearing. A rezoning of the lands to a different taken by the committee. Such appeal shall be
<br /> zoning district- shall also act to repeal the taken within a reasonable time, as provided by
<br /> •
<br /> covenant controls. Except as provided above, the rules of the board, by filing with the officer
<br /> the covenants shall run with the land. from whom the appeal is taken and with the
<br /> (c) Other similar controls appropriate to handling board of adjustment a notice of appeal specifying
<br /> by covenant provisions may also be imposed. the grounds thereof. The officer from whom the
<br /> [History: (1)(e) cr., Sub. 1 to OA 32, 1992-93, pub. appeal is taken shall forthwith transmit to the
<br /> 04/14/93; (2)(c) cr., Sub. 3 to OA 36, 1987-88, pub. board all the papers constituting the record upon
<br /> 08/02/88; (2)(c)-(m) renum. and (2)(c) cr., OA 9, 1993-94, which the action appealed from was taken. The
<br /> pub. 04/20/94; (2)(j) am., OA 20, 1989-90, pub. 02/27/90; w pp
<br /> (2)(j) am., OA 50, 1987-88, pub. 06/18/88; OA 18, 1995-96, committee may appeal only those matters
<br /> effecting(2)(j),vetoed by towns; (2)(b),(e), (f)and(j)and(3) properly before it prior to the committee vote and
<br /> am., OA 16, 1996-97, pub. 01/16/97; (1)(b) and (2)(L) am., within thirty (30) days of the public hearing on
<br /> and(2)(g)recr.,0A 3,2000-01,pub.10/19/00.] the matter and only by a 2/3 vote of the
<br /> 10.26 BOARD OF ADJUSTMENT. (1) committee's members. The committee's appeal
<br /> Personnel, term and compensation. The board shall be exempt from fee.
<br /> of adjustment shall consist of five (5) members, (4) Stays. An appeal shall stay all
<br /> appointed by the county executive with the proceedings in furtherance of the action
<br /> approval of the county board, each serving for a appealed from, unless the officer from whom the
<br /> term of three (3) years, the terms beginning July appeal is taken shall certify to the board of
<br /> 1st and being staggered so that the terms of not adjustment after the notice of appeal shall have
<br /> more than two members shall expire in any year. been filed with him or her that by reason of facts
<br /> Members shall reside in the unincorporated stated in the certificate a stay would cause
<br /> areas of the county and no two members shall imminent peril to life or property. In such case,
<br /> be from the same town. Compensation of proceedings shall not be stayed otherwise than
<br /> members shall be the same as allowed county by a restraining order, which may be granted by
<br /> board members for attendance at committee the board of adjustment or by a court of record
<br /> on application on notice to the officer from whom
<br /> meetings.
<br /> (2) Rules, meetings and minutes. The county the appeal is taken and on due cause shown.
<br /> board shall adopt rules for the conduct of the (5) Hearing appeals. The board of adjustment
<br /> business of said board of adjustment, in shall fix a reasonable time for the hearing of the
<br /> accordance with the provisions of any ordinance appeal and publish a class 2 notice thereof
<br /> or ordinances adopted pursuant to sections under ch. 985, Wis. Stats., as well as give due
<br /> 59.69, 59.692 or 87.30, Wis. Stats. The board of notice to the parties in interest, and decide the
<br /> adjustment may adopt further rules as necessary same within a reasonable time. Upon the
<br /> to carry into effect the regulations of the county hearing any party may appeal in person or by
<br /> board. Meetings of the board shall be held at the agent or attorney.
<br /> call of the chairperson and at such other times (6) Powers of the board of adjustment. The
<br /> as the board may determine. Such chairperson, board of adjustment shall have the following
<br /> or in his or her absence the acting chairperson, powers:
<br /> Page 10-47.
<br /> rev. 103100
<br />
|