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10.26(4) 10:71(1)
<br /> adjustment after the notice of appeal shall have (9) Expiration of authorization. When any
<br /> been filed with him or her that by reason of facts construction shall have been authorized by the
<br /> stated in the certificate a stay would cause board of adjustment pursuant to the provisions of
<br /> imminent peril to life or property. In such case, this section, a permit for such construction shall
<br /> proceedings shall not be stayed otherwise than be taken out within one year from the date of
<br /> by a restraining order, which may be granted by such authorization, otherwise such authorization
<br /> the board of adjustment or by a court of record shall become null and void; provided that the
<br /> on application on notice to the officer from whom board of adjustment, upon request, may extend
<br /> the appeal is taken and on due cause shown. such authorization for a specific period without
<br /> (5) Hearing appeals. The board of adjustment the necessity of another public hearing.
<br /> shall fix a reasonable time for the hearing of the (10) Effect of the denial of an appeal by the
<br /> appeal and publish a class 2 notice thereof board of adjustment. An appeal that has been
<br /> under ch. 985, Wis. Stats., as well as give due denied by the board of adjustment shall not be
<br /> notice to the parties in interest, and decide the resubmitted for a period of one year from the
<br /> same within a reasonable time. Upon the date of denial, except on the grounds of new
<br /> hearing any party may appeal in person or by evidence or proof of change of conditions found
<br /> agent or attorney. to be valid by the board.
<br /> (6) Powers of the board of adjustment. The [History: (3) am., OA 20, 1989-90, pub. 02/27/90; (2), (5)
<br /> board of adjustment shall have the following and (6)(a) am., OA 16, 1996-97, pub. 01/16/97; (2) and (6)
<br /> powers: 1997-98,pub.06 03/98.]pub. 06/17/97; (6)(a) am., OA 22,
<br /> (a) To hear and decide appeals where it is
<br /> alleged there is error in any order, requirement, 10.27 SEVERABILITY OF ORDINANCE
<br /> decision or determination made by an PROVISIONS. Should any section, clause or
<br /> administrative official in the enforcement of provision of this ordinance be declared by the
<br /> sections 59.69, 59.692 or 87.30, Wis. Stats., or courts to be invalid, the same shall not affect the
<br /> of any ordinance adopted pursuant thereto. validity of the ordinance as a whole to any part
<br /> (b) To hear and decide special exceptions to thereof, other than the part so declared to be
<br /> the terms of the ordinance upon which such invalid.
<br /> board is required to pass under such ordinance.
<br /> (c) To authorize upon appeal in specific cases 10.28 REPEAL OF CONFLICTING
<br /> such variance from the terms of the ordinance as PROVISIONS. All ordinances or parts of
<br /> will not be contrary to the public interest, where, ordinances in conflict with the provisions of this
<br /> owing to special conditions, a literal enforcement ordinance are hereby repealed.
<br /> of the provisions of the ordinance will result in
<br /> unnecessary hardship, and so that the spirit of 10.29 EFFECTIVE DATE. This ordinance shall
<br /> the ordinance shall be observed and substantial be in full force and effect upon passage and
<br /> justice done. publication.
<br /> (7) Order on appeal. In exercising the above-
<br /> mentioned powers such board may, in [10.30- 10.69 reserved.]
<br /> conformity with the provisions of this section,
<br /> reverse or affirm, wholly or partly, or modify the
<br /> order, requirement, decision or determination SUBCHAPTER II
<br /> appealed from and may make such order,
<br /> requirement, decision or determination as ought 10.70 SUBCHAPTER; PURPOSE. (1)
<br /> to be made, and to that end shall have all the Sections 10.70 through 10.93, inclusive, are
<br /> powers of the officer from whom the appeal is hereinafter collectively referred to as "this
<br /> taken. subchapter".
<br /> (8) Majority rule. The concurring vote of a (2) The purpose of this subchapter is to regulate
<br /> majority of the board shall be necessary to signs for all properties within the jurisdiction of
<br /> reverse any order, requirement, decision or this ordinance and to ensure the public safety,
<br /> determination of such administrative official, or to preservation of scenic beauty and the
<br /> decide in favor of the applicant on any matter implementation of the desired overall character
<br /> upon which it is required to pass under any such of the community and its constituent zoning
<br /> ordinance, or to effect any variation in such districts.
<br /> ordinance. [History:am.,Sub.2 to OA 6,1989-90,pub.09/21/90.]
<br /> Page 10-50
<br /> rev. 103105
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