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Chapter 10
<br /> or in his or her absence the acting chairperson, may (a) To hear and decide appeals where it is
<br /> administer oaths and compel the attendance of alleged there is error in any order, requirement,
<br /> witnesses. All meetings of the board shall be open to decision or determination made by an administrative
<br /> the public. The board shall keep minutes of its official in the enforcement of sections 59.97, 59.971
<br /> proceedings, showing the vote of each member upon or 87.30, Wis. Stats., or of any ordinance adopted
<br /> each question, or, if absent or.failing to vote, pursuant thereto.
<br /> indicating such fact, and shall keep records of its (b) To hear and decide special exceptions to
<br /> examinations and other official actions, all of which the terms of the ordinance upon which such board is
<br /> shall be immediately filed in the office of the board required to pass under such ordinance.
<br /> and shall be public record. (c) To authorize upon appeal in specific cases
<br /> (3) Appeals to the board. Appeals to the board of such variance from the terms of the ordinance as will
<br /> adjustment may be taken by any person aggrieved or not be contrary to the public interest,where, owing to
<br /> by any officer, department, board or bureau of the special conditions, a literal enforcement of the
<br /> municipality affected by any decision of the zoning provisions of the ordinance will result in unnecessary
<br /> administrator or other administrative officer; an hardship, and so that the spirit of the ordinance shall
<br /> appeal may also be taken by the committee. Such be observed and substantial justice done.
<br /> appeal shall be taken within a reasonable time, as (7) Order on appeal. In exercising the above-
<br /> provided by the rules of the board, by filing with the mentioned powers such board may, in conformity
<br /> officer from whom the appeal is taken and with the with the provisions of this section, reverse or affirm,
<br /> board of adjustment a notice of appeal specifying the wholly or partly, or modify the order, requirement,
<br /> grounds thereof. The officer from whom the appeal is decision or determination appealed from and may
<br /> taken shall forthwith transmit to the board all the make such order, requirement, decision or
<br /> papers constituting the record upon which the action determination as ought to be made, and to that end
<br /> appealed from was taken. The committee may appeal shall have all the powers of the officer from whom
<br /> only those matters properly before it prior to the the appeal is taken.
<br /> committee vote and within thirty (30) days of the (8) Majority rule. The concurring vote of a
<br /> public hearing on the matter, and only by a 2/3 vote majority of the board shall be necessary to reverse
<br /> of the committee's members. The committee's appeal any order, requirement, decision or determination of
<br /> shall be exempt from fee. such administrative official, or to decide in favor of
<br /> (4) Stays. An appeal shall stay all proceedings in the applicant on any matter upon which it is required
<br /> furtherance of the action appealed from, unless the to pass under any such ordinance, or to effect any
<br /> officer from whom the appeal is taken shall certify to variation in such ordinance.
<br /> the board of adjustment after the notice of appeal (9) Expiration of authorization. When any
<br /> shall have been filed with him or her that by reason of construction shall have been authorized by the board
<br /> facts stated in the certificate a stay would cause of adjustment pursuant to the provisions of this
<br /> imminent peril to life or property. In such case, section, a permit for such construction shall be taken
<br /> proceedings shall not be stayed otherwise than by a out within one year from the date of such
<br /> restraining order, which may be granted by the board authorization, otherwise such authorization shall
<br /> of adjustment or by a court of record on application become null and void; provided that the board of
<br /> on notice to the officer from whom the appeal is adjustment, upon request, may extend such
<br /> taken and on due cause shown. authorization for a specific period without the
<br /> (5) Hearing appeals. The board of adjustment 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 board
<br /> appeal and publish a class 2 notice thereof under ch. of adjustment. An appeal that has been denied by the
<br /> 985, Wis. Stats., as well as give due notice to the board of adjustment shall not be resubmitted for a
<br /> parties in interest, and decide the same within a period of one year from the date of denial, except on
<br /> reasonable time. Upon the hearing any party may the grounds of new evidence or proof of change of
<br /> appeal in person or by agent or attorney. conditions found to be valid by the board.
<br /> (6) Powers of the board of adjustment. The board [History: (3) am., OA 20, 1989-90, pub. 02/27/90;
<br /> of adjustment shall have the following powers: (2), (5) and (6)(a) am., OA 16, 1996-97, pub.
<br /> 01/16/97.]
<br /> Page 44
<br /> Revised 4-30-97
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