Laserfiche WebLink
of facts stated in the certificate a stay would cause imminent peril to <br /> life or property. In such case proceedings shall not be stayed otherwise <br /> than by a restraining order, which may he granted by the Board of Adjust- <br /> ment or by a court of record on application on notice to the officer from <br /> whom the appeal is taken and on due cause shown. <br /> (5) HEARING APPEALS <br /> (a) The Board of Adjustment shall fix a reasonable time for the hearing of the appeal <br /> and publish a Class 2 notice thereof under Ch. 985, as well as give due notice to <br /> the parties in interest, and decide the same within a reasonable time. Upon the <br /> hearing any party may appeal in person or by agent or attorney. <br /> (6) POWERS OF THE BOARD OF ADJUSTMENT <br /> (a) The Board of Adjustment shall have the following powers: <br /> 1. To hear and decide appeals where it is alleged there is error in any order, <br /> requirement, decision or determination made by a administrative official in <br /> the enforcement of section 59.97, 59.971, 87.30 or of any ordinance adopted <br /> pursuant thereto. <br /> 2. To hear and decide special exceptions to the terms of the ordinance upon <br /> which such board is required to pass under such ordinance. <br /> 3. To authorize upon appeal in specific cases such variance from the terms of <br /> the ordinance as will not be contrary to the public interest, where, owing <br /> to special conditions, a literal enforcement of the provisions of the Ordi- <br /> nance will result in unnecessary hardship, and so that the spirit of the <br /> Ordinance shall be observed and substantial justice done. • <br /> (7) ORDER ON APPEAL <br /> (a) In exercising the above-mentioned powers such board may, in conformity with <br /> the provisions of this section, reverse or affirm, wholly or partly, or may <br /> modify the order, requirement, decision or determination appealed from, and <br /> may make such order, requirement, decision or determination as ought to be <br /> made, and to that end shall have all the powers of the officer from whom the <br /> appeal is taken. <br /> (8) MAJORITY RULE <br /> (a) The concurring vote of a majority of the board shall be necessary to reverse <br /> any order, requirement, decision or determination of any such administrative <br /> official, or to decide in favor of the applicant on any matter upon which it <br /> is required to pass under any such ordinance, or to effect any variation in <br /> such ordinance. <br /> (9) EXPIRATION OF AUTHORIZATION <br /> (a) When any construction shall have been authorized by the Board of Adjustment <br /> pursuant to the provisions of this section, a permit for such construction <br /> shall be taken out within one year from the date of such authorization, other- <br /> wise such authorization shall become null and void; provided, that the Board <br /> of Adjustment, upon request may extend such authorization for a specific period <br /> without the necessity of another public hearing. <br /> (10) EFFECT OF THE DENIAL OF AN APPEAL BY THE BOARD OF ADJUSTMENT <br /> (a) An appeal that has been denied by the Board of Adjustment shall not be re- <br /> submitted for a period of one year from the date of denial, except on the <br /> grounds of new evidence or proof of change of conditions found to be valid <br /> by the Board. <br /> 10.27 SEVERABILITY OF ORDINANCE PROVISIONS <br /> (1) Should any section, clause or provisions of this ordinance be declared by the courts <br /> to be invalid, the same shall not affect the validity of the ordinance as a whole to <br /> any part thereof, other than the part so declared to be invalid. <br /> 10.28 REPEAL OF CONFLICTING PROVISIONS <br /> (1) All ordinances or parts of ordinances in conflict with the provisions of this ordi- <br /> nance are hereby repealed. <br /> 10.29 EFFECTIVE DATE <br /> (1) This ordinance shall be in full force and effect upon passage and publication. <br /> - 49 - <br />