A Board of Appeals is established for the purpose of hearing appeals from actions of the Zoning Administrator and applications for variances from and exceptions to the provisions of this chapter and deciding the same.

The Board of Appeals shall consist of five members appointed by the Town Chairman, subject to confirmation by the Town Board. The terms of office shall be for three years or until their successors shall have been duly appointed and qualified as members. The members of the Board of Appeals shall receive for their services compensation as set by the Town Board and their actual and reasonable expenses, exclusive of automobile mileage which shall not be reimbursable. They shall be removable by the Town Chairman for cause upon written charges and after public hearing. The Town Chairman shall designate one member Chairman. The Board of Appeals may employ a secretary and other employees. Vacancies shall be filled for the unexpired terms of members whose terms become vacant. The Town Chairman shall appoint two alternate members who shall act, with full power, only when a member of the Board of Appeals refuses to vote because of interest or when a member is absent.

The Board of Appeals shall adopt rules in accordance with the provisions of this chapter. Meetings shall be held at the call of the Chairman and at such other times as the Board of Appeals may determine. The Chairman or Acting Chairman of the Board of Appeals, if there is one, may administer oaths and compel the attendance of witnesses. All meetings of the Board of Appeals shall be open to the public, and a record of all proceedings shall be kept, showing the vote of each member upon each question or, if absent or failing to vote, indicating such fact. The Board of Appeals may take action by a majority of the members present, provided that a quorum is present. A quorum is defined as a majority of the members of the Board of Appeals. The Board of Appeals shall keep records of its examinations and other official actions. All records shall be filed immediately in the office of the Board of Appeals and shall be public.

Appeals to the Board of Appeals may be taken by any person aggrieved or by any officer of the Town of Winneconne affected by any decision of any administrative officer of the Town. 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 a notice of appeal, specifying the grounds thereof. The officer from whom the appeal is taken forthwith shall transmit to the Board all the papers constituting the record upon which the action was taken from which appeal is made.

An appeal shall stay all legal proceedings in furtherance of the action from which appeal is made, unless the officer from whom the appeal is taken certifies to the Board of Appeals that, by reason of facts stated in the certificate, a stay would, in his or her opinion, 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 Appeals or by a court of record on application, with notice to the officer from whom appeal is made, and on due cause shown.

The Board of Appeals shall fix a reasonable time for the hearing of appeals or other matters referred to it. Public notice shall be given of all hearings. Due notice of a hearing also shall be given to the parties in interest. Upon the hearing any party may appear in person or by agent or attorney.

Applications shall be denied or approved, with or without conditions, within 40 days of the public hearing on the application. The concurring vote of four members of the Board of Appeals shall be necessary to reverse any order, requirement, decision or determination of any administrative official, or to decide in favor of any applicant, or to effect any variation in this chapter. The grounds of every such determination shall be stated in writing. Variances or substitutions shall expire within 18 months of their grant unless substantial work under them has been commenced.

Any person aggrieved by any decision of the Board of Appeals or any taxpayer or any officer of the Town of Winneconne may present to a court of record a petition, duly verified, setting forth that such decision is illegal, in whole or in part, specifying the ground of the illegality. Such petition shall be presented to the court within 30 days after the filing of the decision in the office of the Board of Appeals.