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<br /> the owner of the lands subject to the controls, (3) Appeals to the Board. Appeals to the Board
<br /> and approval by the county board after a of Adjustment may be taken by any person
<br /> hearing similar to a rezoning hearing. A rezoning aggrieved or by any officer, department, board or
<br /> of the lands to a different zoning district shall bureau of the municipality affected by any decision
<br /> also act to repeal the covenant controls. Except of the Zoning Administrator or other administrative
<br /> as provided above, the covenants shall run with officer; an appeal may also be taken by the
<br /> the land. Committee. Such appeal shall be taken within a
<br /> (b) Other similar controls appropriate to reasonable time, as provided by the rules of the
<br /> handling by covenant provisions may also be board, by filing with the officer from whom the
<br /> imposed. appeal is taken and with the Board of Adjustment a
<br /> [ History: (1)(e) cr., Sub. 1 to O.A. 32, 1992-93, notice of appeal specifying the grounds thereof.
<br /> pub. 04/14/93.; (2)(c) cr., Sub 3 to O.A. 36, The officer from whom the appeal is taken shall
<br /> 1987-88, pub. 08/02/88; (2)(c)-(m) renum. and forthwith transmit to the board all the papers
<br /> (2)(c), cr. O.A. 9, 1993-94, pub. 04/20/94; (2)(j) constituting the record upon which the action
<br /> am., O.A. 20, 1989-90, pub. 2-27-90; (2)(j) am., appealed from was taken. The Committee may
<br /> O.A. 50, 1987-88, pub. 06/18/88.1 appeal only those matters properly before it prior
<br /> to the Committee vote and within thirty (30) days
<br /> of the public hearing on the matter, and only by a
<br /> 10.26 BOARD OF ADJUSTMENT. (1) 2/3 vote of the Committee's members. The
<br /> Personnel, term and compensation. The board Committee's appeal shall be exempt from fee.
<br /> of adjustment shall consist of five (5) members, (4) Stays. An appeal shall stay all proceedings
<br /> appointed by the county executive with the in furtherance of the action appealed from, unless
<br /> approval of the county board, each serving for a the officer from whom the appeal is taken shall
<br /> term of three (3) years, the terms beginning July certify to the board of adjustment after the notice of
<br /> 1st and being staggered so that the terms of not appeal shall have been filed with him that by
<br /> more than two members shall expire in any year. reason of facts stated in the certificate a stay would
<br /> Members shall reside in the unincorporated areas cause imminent peril to life or property. In such
<br /> of the county and no two members shall be from case proceedings shall not be stayed otherwise
<br /> the same town. Compensation of members shall than by a restraining order, which may be granted
<br /> be the same as allowed county board members by the board of adjustment or by a court of record
<br /> for attendance at committee meetings. on application on notice to the officer from whom
<br /> (2) Rules, meetings and minutes. The county the appeal is taken and on due cause shown.
<br /> board shall adopt rules for the conduct of the (5) Hearing appeals. The board of adjustment
<br /> business of said board of adjustment, in shall fix a reasonable time for the hearing of the
<br /> accordance with the provisions of any ordinance appeal and publish a Class 2 notice thereof under
<br /> or ordinances adopted pursuant to section 59.97, Ch. 985,.as well as give due notice to the parties in
<br /> 59.971 or 87.30. The board of adjustment may interest, and decide the same within a reasonable -
<br /> adopt further rules as necessary to carry into time. Upon the hearing any party may appeal in
<br /> effect the regulations of the county board. person or by agent or attorney.
<br /> Meetings of the board shall be held at the call of (6) Powers of the board of adjustment. The
<br /> the chairman and at such other times as the Board of Adjustment shall have the following
<br /> board may determine. Such chairman, or in his powers:
<br /> or her absence the acting chairman, 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 decision or determination made by an
<br /> open to the public. The board shall keep administrative official in the enforcement of
<br /> minutes of its proceedings, showing the vote of sections 59.97, 59.971, 87.30 or of any ordinance
<br /> each member upon each question, or, if absent adopted pursuant thereto.
<br /> or failing to vote, indicating such fact, and shall (b) To hear and decide special exceptions to the
<br /> keep records of its examinations and other terms of the ordinance upon which such board is
<br /> official actions, all of which shall be immediately required to pass under such ordinance.
<br /> filed in the office of the board and shall be (c) To authorize upon appeal in specific cases
<br /> public record. such variance from the terms of the ordinance as
<br /> • will not be contrary to the public interest, where,
<br /> rev. 043094
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