(1)

AUTHORITY.

(a)

There is hereby created a Board of Adjustment, pursuant to §62.23(7)(e), Wis. Stats., to consist of 5 members to be appointed by the Chairman of the Town Board, subject to confirmation of the Town Board for terms of 3 years.

(b)

The members of the Board shall be removable by the Town Chairman, for cause, upon written charges and after public hearing.

(c)

The Town Chairman may appoint for a term of 3 years, 2 alternate members of such Board in addition to the 5 members above provided for, who shall act, with full power, only when a member of the Board refuses to vote because of interest or when a member is absent. The provisions, with regard to removal and the filling of vacancies, shall also apply to such alternates.

(2)

GENERAL.

(a)

All members of the Board shall reside within the Town.

(b)

The Town Chairman shall designate one of the members chairman.

(c)

A vacancy shall be filled for the unexpired term of any member, whose term becomes vacant, by appointment by the Chairman of the Town Board.

(d)

The members of the Board shall serve at such compensation to be fixed by ordinance, in addition to the actual and necessary expenses incurred by the Board in the performance of its duties.

The Board shall adopt rules governing its procedure consistent with the terms of this chapter. Meetings of the Board shall be held at the call of the chairman and at such other times as the Board may determine. Such chairman, or in his absence the acting chairman, may administer oaths and compel the attendance of witnesses. All meetings of the Board shall be open to the public. The Board shall keep minutes of its proceedings, showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact, and shall keep records or its examinations and other official actions, all of which shall be immediately filed in the office of the Board and shall be a public record.

(1)

HOW TAKEN. Appeals to the Board of Adjustment may be taken by any person aggrieved or by any officer, department, board or bureau of the Town affected by any decision of the Building Inspector. Such appeal shall be taken within a reasonable time as provided by the rules of the Board, by filing with the officer from whom the appeal is taken and with the Board of Adjustment a notice of appeal specifying the grounds thereof. The Building Inspector shall immediately transmit to the Board all the papers constituting the record upon which the action appealed from was taken.

(2)

STAYS. An appeal shall stay all legal proceedings in furtherance of the action appealed from unless the Building Inspector certifies to the Board of Adjustment after the notice of appeal has been filed with him, that by reason of facts stated in the certificate, a stay would, in his opinion, cause imminent peril of life or property. In such case proceedings shall not be stayed except by a restraining order which may be granted by the Board of Adjustment or a court of record on application, notice to the officer from whom the appeal is taken and due cause shown.

(3)

TIME OF HEARING. The Board of Adjustment shall fix a reasonable time for the hearing of the appeal or other matter referred to it, and give public notice thereof as provided in §§17.80 and 17.81, as well as due notice to the parties in interest, and decide the same within a reasonable time. At the hearing any party may appear in person or by agent or attorney.

(4)

FEES. The fee set forth in §17.89 shall accompany the notice of appeal.

The Board of Adjustment shall have the following powers:

(1)

To hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by an administrative official of the Town in the enforcement of this chapter.

(2)

To hear and decide special exception to the terms of this chapter upon which such Board is required to pass under this chapter.

(3)

To authorize upon appeal in specific cases such variance from the terms of this chapter as will not be contrary to the public interest where owing to special conditions a literal enforcement of the provisions of this chapter will result in practical difficulty or unnecessary hardship, so that the spirit of this chapter shall be observed, public safety and welfare secured, and substantial justice done.

(4)

The Board may permit, in appropriate cases and subject to appropriate conditions and safeguards in harmony with the general purpose and intent of this chapter, a building or premises to be erected or used for such public utility purposes in any location which is reasonably necessary for the public convenience and welfare.

In exercising the above-mentioned powers, such Board may, in conformity with the provisions of this chapter, 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, and may issue or direct the issuance of a permit, provided that no such action shall have the effect of permitting in any district, a use prohibited in that district; of rezoning; or of granting exception to any health or sanitary codes in effect at the time. The concurring vote of a majority of the members of the Board voting shall be necessary to reverse any order, requirement, decision or determination of the Building Inspector, or to decide in favor of the applicant on any matter upon which it is required to pass under this chapter or to effect any variation therefrom. The grounds of every such determination shall be stated.

Any person aggrieved by any decision of the Board of Adjustment or any taxpayer, officer, department, board or bureau of the municipality, may appeal from a decision of the Board of Adjustment within 30 days after the filing of the decision in the office of the Board of Adjustment in the manner provided in §62.23(7)(e), Wis. Stats.