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1 Chapter 10
<br /> 2. The zoning committee may recommend and with the provisions of any ordinance or ordinances •
<br /> 9 the county board may adopt an ordinance effecting adopted pursuant to section 59.97, 59.971 or 87.30.
<br /> an amendment of the zoning district map containing The board of adjustment may adopt further rules as
<br /> the condition that the change in map will take effect necessary to carry into effect the regulations of the
<br /> ( on such date occurring with()months of the date of county board. Meetings of the board shall be held at
<br /> county board approval of the amendment when a the call of the chairman and at such other times as
<br /> restrictive covenant has been recorded binding the the board may determine. Such chairman, or in his
<br /> property to conditions specified in the amending or her absence the acting chairman, may administer
<br /> ordinance, and in the event such covenant is not oaths and compel the attendance of witnesses. All
<br /> recorded by the end of the()month time period,the meetings of the board shall be open to the public.
<br /> possibility of making effective the rezoning will then The board shall keep minutes of its proceedings,
<br /> be terminated. showing the vote of each member upon each
<br /> (a) Conditions specified to be in such question, or, if absent or failing to vote, indicating
<br /> required covenants shall be related to the purposes of such fact, and shall keep records of its examinations
<br /> ' the ordinance. They may include, as specific cases and other official actions, all of which shall be
<br /> warrant, limits of permissible uses to less than the immediately filed in the office of the board and shall
<br /> full range of uses otherwise allowable in the district be public record.
<br /> r-- into which the land is being placed. Enforcement (3) Appeals to the Board. Appeals to the Board of
<br /> rights over such covenant controls shall be afforded Adjustment maybe taken by any person aggrieved or
<br /> to the county, the town and owners of property by any officer, department, board or bureau of the
<br /> within 300 feet of the site. The covenant controls municipality affected by any decision of the Zoning
<br /> 11 shall be amendable or repealable upon petition of the Administrator or other administrative officer, an
<br /> owner of the lands subject to the controls, and appeal may also be taken by the Committee. Such
<br /> approval by the county board after a hearing similar appeal shall be taken within a reasonable time, as
<br /> to a rezoning hearing. A rezoning of the lands to a provided by the rules of the board,by filing with the
<br /> different zoning district shall also act to repeal the officer from whom the appeal is taken and with the
<br /> covenant controls. Except as provided above, the Board of Adjustment a notice of appeal specifying
<br /> covenants shall run with the land. the grounds thereof. The officer from whom the
<br /> (b) Other similar controls appropriate to appeal is taken shall forthwith transmit to the board
<br /> ' _. handling by covenant provisions may also be all the papers constituting the record upon which the
<br /> imposed. action appealed from was taken. The Committee
<br /> [ History: (1)(e) cr., Sub. 1 to O.A. 32, 1992-93, may appeal only those matters properly before it
<br /> pub. 04/14/93.; (2)(c) cr., Sub 3 to O.A. 36, 1987- prior to the Committee vote and within thirty (30)
<br /> 88, pub. 08/02/88; (2)(c)-(m) renum. and (2)(c), cr. days of the public hearing on the matter,and only by
<br /> O.A. 9, 1993-94,pub. 04/20/94; (2)(j)am., O.A. 20, a 2/3 vote of the Committee's members. The
<br /> 1 1989-90,pub. 2-27-90; (2)(j)am.,O.A. 50, 1987-88, Committee's appeal shall be exempt from fee.
<br /> pub.06/18/88.] (4) Stays. An appeal shall stay all proceedings in
<br /> furtherance of the action appealed from, unless the
<br /> i officer from whom the appeal is taken shall certify to
<br /> 10.26 BOARD OF ADJUSTMENT. the board of adjustment after the notice of appeal
<br /> (1)Personnel, term and compensation. The board of shall have been filed with him that by reason of facts
<br /> adjustment shall consist of five (5) members, stated in the certificate a stay would cause imminent
<br /> appointed by the county executive with the approval peril to life or property. In such case proceedings
<br /> of the county board, each serving for a term of three shall not be stayed otherwise than by a restraining
<br /> (3) years, the terms beginning July 1st and being order, which may be granted by the board of
<br /> staggered so that the terms of not more than two adjustment or by a court of record on application on
<br /> members shall expire in any year. Members shall notice to the officer from whom the appeal is taken
<br /> reside in the unincorporated areas of the county and and on due cause shown.
<br /> no two members shall be from the same town. (5) Hearing appeals. The board of adjustment
<br /> Compensation of members shall be the same as shall fix a reasonable time for the hearing of the
<br /> allowed county board members for attendance at appeal and publish a Class 2 notice thereof under
<br /> committee meetings. Ch. 985, as well as give due notice to the parties in
<br /> (2) Rules, meetings and minutes. The county interest, and decide the same within a reasonable
<br /> board shall adopt rules for the conduct of the time. Upon the hearing any party may appeal in
<br /> business of said board of adjustment, in accordance person or by agent or attorney.
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