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10 - 41 certify to the board of adjustment after the notice ordinance, or to effect any variation in such of appeal shall have been filed with him that by ordinance. reason of facts stated in the certificate a stay (9) Expiration of authorization. When any would cause imminent peril to life or property. construction shall have been authorized by the In such case proceedings shall not be stayed board of adjustment pursuant to the provisions of otherwise than by a restraining order, which may this section, a permit for such construction shall be be granted by the board of adjustment or by a taken out within one year from the date of such court of record on application on notice to the authorization, otherwise such authorization shall officer from whom the appeal is taken and on become null and void; provided, that the board of due cause shown. adjustment, upon request may extend such (5) Hearing appeals. The board of adjustment authorization for a specific period without the shall fix a reasonable time for the hearing of the necessity of another public hearing. appeal and publish a Class 2 notice thereof (10) Effect of the denial of an appeal by the under Ch. 985, as well as give due notice to the board of adjustment. An appeal that has been parties in interest, and decide the same within a denied by the board of adjustment shall not be reasonable time. Upon the hearing any party resubmitted for a period of one year from the date may appeal in person or by agent or attorney. of denial, except on the grounds of new evidence (6) Powers of the board of adjustment. The or proof of change of conditions found to be valid Board of Adjustment shall have the following by the board. powers: [ History: (3) am., O.A. 20, 1989-90, pub. (a) To hear and decide appeals where it is 02/27/90.] alleged there is error in any order, requirement, decision or determination made by an 10.27 SEVERABILITY OF ORDINANCE administrative official in the enforcement of PROVISIONS. Should any section, clause or sections 59.97, 59.971, 87.30 or of any provisions of this ordinance be declared by the ordinance adopted pursuant thereto. courts to be invalid, the same shall not affect the (b) To hear and decide special exceptions to validity of the ordinance as a whole to any part the terms of the ordinance upon which such thereof, other than the part so declared to be board is required to pass under such ordinance. invalid. (c) To authorize upon appeal in specific cases such variance from the terms of the ordinance as 10.28 REPEAL OF CONFLICTING PROVISIONS. will not be contrary to the public interest, where, All ordinances or parts of ordinances in conflict owing to special conditions, a literal with the provisions of this ordinance are hereby enforcement of the provisions of the ordinance repealed. will result in unnecessary hardship, and so that the spirit of the ordinance shall be observed and 10.29 EFFECTIVE DATE. This ordinance shall be substantial justice done. in full force and effect upon passage and (7) Order on appeal. In exercising the publication. above-mentioned powers such board may, in conformity with the provisions of this section, (10.30 through 10.69, inclusive, reserved) reverse or affirm, wholly or partly, or modify the order, requirement, decision or determination SUBCHAPTER II appealed from and may make such order, requirement, decision or determination as ought 10.70 SUBCHAPTER; PURPOSE. (1) Sections to be made, and to that end shall have all the 10.70 through 10.93, inclusive, are hereinafter powers of the officer from whom the appeal is collectively referred to as "this subchapter". taken. (2) The purpose of this subchapter is to regulate (8) Majority rule. The concurring vote of a signs for all properties within the jurisdiction of this majority of the board shall be necessary to ordinance and to ensure the public safety, reverse any order, requirement, decision or preservation of scenic beauty and the determination of such administrative official, or implementation of the desired overall character of to decide in favor of the applicant on any matter the community and its constituent zoning districts. upon which it is required to pass under any such [History: am., Sub. 2 to O.A. 6, 1989-90, pub. 09/21/90.] rev. 103194