The county board of adjustments is hereby created. Such board shall be appointed in accordance with the provisions of Wis. Stats. § 59.694, consisting of five members and two alternate members, which shall have the following duties and 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 in the enforcement or administration of this chapter, including, without limitation, appeals brought pursuant to section 38-1005.

(2)

To authorize upon appeal in specific cases variances from the terms of this chapter that will not be contrary to the public interest, where, owing to special conditions, a literal enforcement of the provisions of the ordinance will result in unnecessary hardship, and so that the spirit of the ordinance shall be observed and substantial justice done.

a.

A property owner bears the burden of proving "unnecessary hardship," as that term is used in this subsection, for an area variance, by demonstrating that strict compliance with a zoning ordinance would unreasonably prevent the property owner from using the property owner's property for a permitted purpose or would render conformity with the zoning ordinance unnecessarily burdensome or, for a use variance, by demonstrating that strict compliance with the zoning ordinance would leave the property owner with no reasonable use of the property in the absence of a variance. In all circumstances, a property owner bears the burden of proving that the unnecessary hardship is based on conditions unique to the property, rather than considerations personal to the property owner, and that the unnecessary hardship was not created by the property owner.

b.

A variance granted under this subsection runs with the land.

c.

A variance granted under this article, and after April 5, 2012, shall be deemed expired if not authorized by a land use permit within two years of the date on which the variance was granted.

(3)

To be responsible for the interpretation of any of the provisions of this article which may have to be clarified in regard to a specific situation or peculiarity.

(4)

To hear and decide matters brought to the board pursuant to section 38-1005.

(Code 2000, § 38-630; Ord. of 3-19-2002, Art. XXX, § 300; Res. No. 1-19, 2-19-2019)

(a)

Generally. Appeals to the board of adjustments may be taken by any person aggrieved or by an officer, department, board, or bureau of the municipality affected by any decision of any other administrative officer, including, without limitation, appeals brought pursuant to section 38-1005.

(b)

Time for filing notice; submission of records. Appeal shall be taken within 30 days unless otherwise provided by the rules of the board, by filing with the official whose decision is in question, and with the boards, a notice of appeal specifying the reasons for the appeal. The official whose decision is in question shall transmit to the board all records regarding the matter appealed.

(c)

Hearing. The board shall fix a reasonable time for the hearing and publish adequate notice pursuant to state law, specifying the date, time, place and subject of the hearing. The board shall ensure that notice shall be mailed to the parties in interest and the department regional office at least ten days in advance of the hearing. At the hearing, any party may appear in person or by agent.

(d)

Decision. The final decision regarding the appeal or variance application shall:

(1)

Be made within a reasonable time;

(2)

Be sent to the department regional office within ten days of the decision;

(3)

State the specific facts which are the basis for the board's decision;

(4)

Either affirm, reverse, vary or modify the order, requirement, decision or determination appealed; in whole or in part, dismiss the appeal for lack of jurisdiction; or grant or deny the variance application; and

(5)

Include the reasons for granting an appeal, describing the hardship demonstrated by the applicant in the case of a variance, clearly stated in the recorded minutes of the board proceedings.

(Code 2000, § 38-631; Ord. of 3-19-2002, Art. XXX, § 301)

(a)

All meetings of the board of adjustments shall be open to the public and, upon a hearing, any party may appear in person, by agent, or attorney. Meetings of the board shall be at the call of the chairman and at such other times as the board may determine. Such meetings shall be noticed as to date, time, place, and the matters to come before the board.

(b)

The board of adjustments shall adopt such rules as it deems necessary for the conduct of business, and may exercise all the powers, and is vested with all of the duties conferred on such boards by Wis. Stats. § 59.694 and under this chapter.

(Code 2000, § 38-632; Ord. of 3-19-2002, Art. XXX, § 302)

The board of adjustments 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 of its examinations and other official actions, all of which shall be public record.

(Code 2000, § 38-633; Ord. of 3-19-2002, Art. XXX, § 303)