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of facts stated in the certificate a stay would cause imminent peril to life or property. In such case proceedings shall not be stayed otherwise • than by a restraining order, which may be granted by the Board of Adjust- ment or by a court of record on application on notice to the officer from whom the appeal is taken and on due cause shown. Of' HEARING APPEALS (.a°)j The Board of Adjustment shall fix a reasonable time for the hearing of the appeal and publish a Class 2 notice thereof under Ch. 985, as well as give due notice to the parties in interest, and decide the same within a reasonable time. Upon the hearing any party may appeal in person or by agent or attorney. ( 1"-- POWERS OF THE BOARD OF ADJUSTMENT (0a) The Board of Adjustment shall have the following powers: To hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by a administrative official in the enforcement of section 59.97, 59.971, 87.30 or of any ordinance adopted pursuant thereto. qc To hear and decide special exceptions to the terms of the ordinance upon which such board is required to pass under such ordinance. 43'. To authorize upon appeal in specific cases such variance from the terms of the ordinance as will not be contrary to the public interest, where, owing to special conditions, a literal enforcement of the provisions of the Ordi- nance will result in unnecessary hardship, and so that the spirit of the Ordinance shall be observed and substantial justice done. pq ORDER ON APPEAL (a)1/In exercising the above-mentioned powers such board may, in conformity with the provisions of this section, reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from, and may make such order, requirement, decision or determination as ought to be made, and to that end shall have all the powers of the officer from whom the appeal is taken. �(-g) MAJORITY RULE --(-a-j The concurring vote of a majority of the board shall be necessary to reverse any order, requirement, decision or determination of any such administrative official, or to decide in favor of the applicant on any matter upon which it is required to pass under any such ordinance, or to effect any variation in such ordinance. ( ) EXPIRATION OF AUTHORIZATION S4) When any construction shall have been authorized by the Board of Adjustment pursuant to the provisions of this section, a permit for such construction shall be taken out within one year from the date of such authorization, other- wise such authorization shall become null and void; provided, that the Board of Adjustment, upon request may extend such authorization for a specific period without the necessity of another public hearing. (1( ) EFFECT OF THE DENIAL OF AN APPEAL BY THE BOARD OF ADJUSTMENT (,a5 An appeal that has been denied by the Board of Adjustment shall not be re- submitted for a period of one year from the date of denial, except on the grounds of new evidence or proof of change of conditions found to be valid by the Board. 10..r//1'7� SEVERABILITY OF ORDINANCE PROVISIONS L= (•1) Should any section, clause or provisions of this ordinance be declared by the courts to be invalid, the same shall not affect the validity of the ordinance as a whole to / any part thereof, other than the part so declared to be invalid. 10,,28 REPEAL OF CONFLICTING PROVISIONS (1) All ordinances or parts of ordinances in conflict with the provisions of this ordi- nance are hereby repealed. 1.O.-29-=•EFFECTIVE DATE y4.1) This ordinance shall be in full force and effect upon passage and publication. - 49 -