There is hereby established a Board of Appeals for the Town
of Herman. The Board of Appeals shall consist of five members appointed
by the Town Chairperson and confirmed by the Town Board.
A. Terms. Terms shall be for three years, except that of those first
appointed one shall serve one year, two shall serve two years and
two for three years.
B. Chairperson. The Chairperson shall be designated by the Town Chairperson.
C. Alternates. Two alternate members shall be appointed by the Town
Chairperson for a term of three years. The Town Chairperson shall
designate one of the alternate members as first alternate and the
other as second alternate. The first alternate 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 second alternate shall so
act only when the first alternate so refuses or is absent or when
more than one member of the Board so refuses or is absent. The provisions
of § 62.23(7)(e), Wis. Stats., with regard to removal of
members and the filling of vacancies shall apply to such alternates.
D. Secretary. The Secretary shall be as designated by the Board of Appeals.
E. Vacancies. Vacancies shall be filled for the unexpired terms of members
whose terms become vacant.
The Board of Appeals shall organize and adopt rules of procedure
in conformance with § 62.23(7)(e)1 to 15, Wis. Stats.
Appeals from the decision of the Zoning Administrator concerning
the literal enforcement of this chapter may be made by any person
aggrieved or by an officer, department, board or bureau of the Town.
Such appeals shall be filed with the Secretary and the officer from
whom the appeal is taken within 30 days after the date of written
notice of the decision or order of the Zoning Administrator or the
Town Board. Applications may be made by the owner or lessee of the
structure, land or water to be affected at any time and shall be filed
with the Zoning Administrator. Such appeals and applications shall
include the following:
A. Names and addresses of the appellant or applicant and all abutting
and opposite property owners of record.
B. Sketch showing all the information required under §
384-10 for a land use permit.
C. Additional information which was required for the decision appealed
from or may be required by the Board of Appeals.
D. Fee in the amount as set by resolution of the Town Board to be paid
to the Town at the time of application.
The Board of Appeals shall fix a reasonable place for the hearing
and hold a hearing within 45 days or less, give a Class 1 notice thereof
as provided in Ch. 985, Wis. Stats., and give due notice to the parties
in interest, the Zoning Administrator and the Town Board. At the hearing
the applicant or the appellant may appear in person, by agent, or
by attorney.
Any person or persons aggrieved by any decision of the Board
of Appeals may commence an action seeking the remedy available by
certiorari. Such action shall be commenced within 30 days after the
filing of the decision in the office of the Board of Appeals.