The County Board Chairman is hereby directed to appoint a Board
of Adjustment according to § 59.694, Wis. Stats., consisting
of three members with staggered three-year terms and two alternate
members with staggered three-year terms. The members shall all reside
within Grant County and outside of limits of incorporated cities and
villages; provided, however, that no two members may reside in the
same town. The Board shall choose its own chairman and other officers
as may be needed. Term of office shall be for three years beginning
July 1. Vacancies shall be filled for the unexpired term of any member
whose term becomes vacant.
A. Procedures. The Board of Adjustment shall adopt such rules as it
deems necessary for the conduct of business and may exercise all of
the powers conferred on such boards by § 59.694, Wis. Stats.
(1) The Board shall 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.
(2) The Board may 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 unnecessary hardship
and so that the spirit of this chapter shall be observed and substantial
justice done. No variance shall have the effect of allowing standards
lower than those required by state law.
B. Appeals to the Board. Appeals to the Board of Adjustment may be taken
by a person who is aggrieved, by an officer, department, board or
bureau of a municipality, affected by a decision of the Grant County
Conservation, Sanitation and Zoning Administrator. Such appeal must
be taken within 30 days of the date or written notice of the decision
or order of the Grant County Conservation, Sanitation and Zoning Administrator,
by filing with the office from whom the appeal is taken and with the
Board of Adjustment, a notice of appeal specifying the grounds thereof.
The Grant County Conservation, Sanitation and Zoning Administrator
shall forthwith transmit to the Board all the papers constituting
the record upon which the action appealed was taken.
C. Hearing of appeals.
(1) The Board of Adjustment shall fix a reasonable time for the hearing
of an appeal, give public notice, and such notice shall be published
in the official newspaper of Grant County by publishing a class two
notice thereof as defined in Ch. 985, Wis. Stats., as well as due
notice to the parties in interest, including mailing notice to the
Department of Safety and Professional Services at least 10 days prior
to the hearing date. Such notice shall specify the date, time, and
place of the hearing and matters to come before the Board with decisions
regarding the appeal made as soon as practicable. Any party may appear
in person, by agent or attorney.
(2) The Secretary of the Board shall, in the form of a written resolution
or order, sign the final disposition of an appeal or application to
the Board of Adjustment. Such resolution shall state the specific
facts that are the basis for the Board's determination and shall
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 prosecution or grant the application.
A copy of any decision granting a variance shall be mailed to the
Department of Safety and Professional Services.