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<br /> 1987-88, pub. 8-2-88; (2)(c)-(m) renum. and (2)(c), which the action appealed from was taken. The
<br /> cr. O.A. 9, 1993-94, pub. 4-20-94; (2)(j) am., O.A. Committee may appeal only those matters
<br /> 20, 1989-90, pub. 2-27-90; (2)(j) am., O.A. 50, properly before it prior to the Committee vote and
<br /> 1987-88, pub. 6-18-88. ] within thirty (30) days of the public hearing on the
<br /> matter, and only by a 2/3 vote of the Committee's
<br /> members. The Committee's appeal shall be
<br /> 10.26 BOARD OF ADJUSTMENT. (1) exempt from fee.
<br /> Personnel, term and compensation. The board of (4) Stays. An appeal shall stay all proceedings
<br /> adjustment shall consist of five (5) members, in furtherance of the action appealed from, unless
<br /> appointed by the county executive with the the officer from whom the appeal is taken shall
<br /> approval of the county board, each serving for a certify to the board of adjustment after the notice
<br /> term of three (3) years, the terms beginning July of appeal shall have been filed with him that by
<br /> 1st and being staggered so that the terms of not reason of facts stated in the certificate a stay
<br /> more than two members shall expire in any year. would cause imminent peril to life or property. In
<br /> Members shall reside in the unincorporated areas such case proceedings shall not be stayed
<br /> of the county and no two members shall be from otherwise than by a restraining order, which may
<br /> the same town. Compensation of members shall be granted by the board of adjustment or by a
<br /> be the same as allowed county board members court of record on application on notice to the
<br /> for attendance at committee meetings. officer from whom the appeal is taken and on due
<br /> (2) Rules, meetings and minutes. The county 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 under -
<br /> or ordinances adopted pursuant to Section 59.97, Ch. 985, as well as give due notice to the parties
<br /> 59.971 or 87.30. The board of adjustment may in interest, and decide the same within a
<br /> adopt further rules as necessary to carry into effect reasonable time. Upon the hearing any party may
<br /> the regulations of the county board. Meetings of appeal in person or by agent or attorney.
<br /> the board shall be held at the call of the chairman (6) Powers of the board of adjustment. The
<br /> and at such other times as the board may Board of Adjustment shall have the following
<br /> determine. Such chairman, or in his absence the powers:
<br /> acting chairman, may administer oaths and (a) To hear and decide appeals where it is
<br /> compel the attendance of witnesses. All meetings alleged there is error in any order, requirement,
<br /> of the board shall be open to the public. The decision or determination made by an
<br /> board shall keep minutes of its proceedings, administrative official in the enforcement of
<br /> showing the vote of each member upon each sections 59.97, 59.971, 87.30 or of any ordinance
<br /> question, or, if absent or failing to vote, indicating adopted pursuant thereto.
<br /> such fact, and shall keep records of its (b) To hear and decide special exceptions to
<br /> examinations and other official actions, all of the terms of the ordinance upon which such
<br /> which shall be immediately filed in the office of board is required to pass under such ordinance.
<br /> the board and shall be public record. (c) To authorize upon appeal in specific cases
<br /> (3) Appeals to the Board. Appeals to the Board such variance from the terms of the ordinance as
<br /> of Adjustment may be taken by any person will not be contrary to the public interest, where,
<br /> aggrieved or by any officer, department, board or owing to special conditions, a literal enforcement
<br /> bureau of the municipality affected by any of the provisions of the ordinance will result in
<br /> decision of the Zoning Administrator or other unnecessary hardship, and so that the spirit of the
<br /> administrative officer; an appeal may also be ordinance shall be observed and substantial
<br /> taken by the Committee. Such appeal shall be justice done.
<br /> taken within a reasonable time, as provided by (7) Order on appeal. In exercising the
<br /> the rules of the board, by filing with the officer above-mentioned powers such board may, in
<br /> from whom the appeal is taken and with the conformity with the provisions of this section,
<br /> Board of Adjustment a notice of appeal specifying reverse or affirm, wholly or partly, or may modify
<br /> the grounds thereof. The officer from whom the the order, requirement, decision or determination -
<br /> appeal is taken shall forthwith transmit to the appealed from and may make such order,
<br /> board all the papers constituting the record upon requirement, decision or determination as ought
<br /> rev. 043094 -
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