April Dane County Code of Ordinances

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(Sec. 10.26( 3) con' t) 10-67 with the board of adjustment a as well as give due notice to the notice of appeal specifying the parties in interest, and decide grounds thereof. The officer from the same within a reasonable whom the appeal is taken shall time. Upon the hearing any party forthwith transmit to the board may appeal in person or by agent all the papers constituting the or attorney. record upon which the action appealed from was taken. The (6) Powers of the board of �{ Committee may appeal only those adjustment. The Board of Adjust- matters properly before it prior ment shall have the following to the Committee vote and within powers: _-1 thirty (30) days of the public (a) To hear and decide appeals hearing on the matter, and only where it is alleged there is - -, by a 2/3 vote of the Committee's error in any order, requirement, members. The Committee' s appeal decision or determination made by shall be exempt from fee. an administrative official in the ( History: Sec. 10. 26(3) amended, enforcement of sections 59.97, Sub. 1 to O.A. 15, 1987-88, 59.971, 87.30 or of any ordinance published 10/13/87. ] adopted pursuant thereto. (4) Stays. An appeal shall stay (b) To hear and decide special exceptions to the terms of the all proceedings in furtherance of the action appealed from, unless ordinance upon which such board the officer from whom the appeal is required to pass under such is taken shall certify to the ordinance. board of adjustment after the (c) To authorize upon appeal in - notice of appeal shall have been specific cases such variance from filed with him that by reason of the terms of the ordinance as facts stated in the certificate a will not be contrary to the stay would cause imminent peril public interest, where, owing to to life or property. In such special conditions, a literal case proceedings shall not be enforcement of the provisions of stayed otherwise than by a re- the ordinance will result in straining order, which may be unnecessary hardship, and so that granted by the board of adjust- the spirit of the ordinance shall ment or by a court of record on be observed and substantial jus- application on notice to the tice done. officer from whom the appeal is taken and on due cause shown. (7) Order on appeal . In exercising the above-mentioned ( 5) Hearing appeals. The board powers such board may, in con- of adjustment shall fix a reason- formity with the provisions of able time for the hearing of the this section, reverse or affirm, _ appeal and publish a Class 2 wholly or partly, or may modify notice thereof under Ch. 985, the order, requirement, decision or determination appealed from and may make such order, require- - ment, decision or determination � 1 Second Quarter, Supp. #9 11/88 �