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10.26(4) — 10.71(1)
<br /> the board of adjustment or by a court of record board of adjustment, upon request, may extend
<br /> on application on notice to the officer from whom such authorization for a specific period without i
<br /> the appeal is taken and on due cause shown. the necessity of another public hearing.
<br /> (5) Hearing appeals. The board of adjustment (10) Effect of the denial of an appeal by the
<br /> shall fix a reasonable time for the hearing of the board of adjustment. An appeal that has been
<br /> appeal and publish a class 2 notice thereof denied by the board of adjustment shall not be
<br /> under ch. 985, Wis. Stats., as well as give due resubmitted for a period of one year from the
<br /> notice to the parties in interest, and decide the date of denial, except on the grounds of new
<br /> same within a reasonable time. Upon the evidence or proof of change of conditions found
<br /> hearing any party may appeal in person or by to be valid by the board.
<br /> agent or attorney. [History: (3) am., OA 20, 1989-90, pub. 02/27/90; (2), (5)
<br /> (6) Powers of the board of adjustment. The and (6)(a) am., OA 16, 1996-97, pub. 01/16/97; (2) and (6)
<br /> board of adjustment shall have the following am., OA 43, 1996-97, pub. 06/17/97; (6)(a) am., OA 22,
<br /> adjustment g 1997-98, pub.06/03/98.]
<br /> powers:
<br /> (a) To hear and decide appeals where it is 10.27 SEVERABILITY OF ORDINANCE
<br /> alleged there is error in any order, requirement, PROVISIONS. Should any section, clause or
<br /> decision or determination made by an provision of this ordinance be declared by the
<br /> administrative official in the enforcement of courts to be invalid, the same shall not affect the
<br /> sections 59.69, 59.692 or 87.30, Wis. Stats., or validity of the ordinance as a whole to any part
<br /> of any ordinance adopted pursuant thereto. thereof, other than the part so declared to be
<br /> (b) To hear and decide special exceptions to invalid.
<br /> the terms of the ordinance upon which such
<br /> board is required to pass under such ordinance. 10.28 REPEAL OF CONFLICTING
<br /> (c) To authorize upon appeal in specific cases PROVISIONS. All ordinances or parts of
<br /> such variance from the terms of the ordinance as ordinances in conflict with the provisions of this
<br /> will not be contrary to the public interest, where, ordinance are hereby repealed.
<br /> owing to special conditions, a literal enforcement
<br /> of the provisions of the ordinance will result in 10.29 EFFECTIVE DATE. This ordinance shall
<br /> unnecessary hardship, and so that the spirit of be in full force and effect upon passage and 1
<br /> the ordinance shall be observed and substantial publication.
<br /> justice done.
<br /> (7) Order on appeal. In exercising the above- [10.30- 10.69 reserved.]
<br /> mentioned powers such board may, in
<br /> conformity with the provisions of this section,
<br /> reverse or affirm, wholly or partly, or modify the SUBCHAPTER II
<br /> order, requirement, decision or determination
<br /> appealed from and may make such order, 10.70 SUBCHAPTER; PURPOSE. (1)
<br /> requirement, decision or determination as ought Sections 10.70 through 10.93, inclusive, are
<br /> to be made, and to that end shall have all the hereinafter collectively referred to as "this
<br /> powers of the officer from whom the appeal is subchapter".
<br /> taken. (2) The purpose of this subchapter is to regulate
<br /> (8) Majority rule. The concurring vote of a signs for all properties within the jurisdiction of
<br /> majority of the board shall be necessary to this ordinance and to ensure the public safety,
<br /> reverse any order, requirement, decision or preservation of scenic beauty and the
<br /> determination of such administrative official, or to implementation of the desired overall character
<br /> decide in favor of the applicant on any matter of the community and its constituent zoning
<br /> upon which it is_required to pass under any such districts.
<br /> ordinance, or to effect any variation in such [History:am.,Sub.2 to OA 6, 1989-90,pub.09/21/90.]
<br /> ordinance.
<br /> (9) Expiration of authorization. When any 10.71 DEFINITIONS. As used in this
<br /> construction shall have been authorized by the subchapter, the following words shall have the
<br /> board of adjustment pursuant to the provisions of definitions indicated:
<br /> this section, a permit for such construction shall (1) Sign shall mean any object, device, display,
<br /> be taken out within one year from the date of structure or part thereof, situated outdoors,
<br /> such authorization, otherwise such authorization which is used to advertise, identify, display,
<br /> shall become null and void; provided that the direct or attract attention to an object, person,
<br /> Page 10-48
<br /> rev. 103102
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