A Board of Extraterritorial Zoning Appeals shall act as the
board of zoning appeals in the administration of Extraterritorial
Zoning. Said Board of Extraterritorial Zoning Appeals shall consist
of five members, three of whom shall be appointed by the Village President
and shall be Village residents, and two of whom shall be appointed
by the Town of Prairie du Sac Chairperson and shall be residents of
the Town of Prairie du Sac. Initially, terms shall be one, two and
three years, respectively, for Village members and one and two years,
respectively, for Town members. Thereafter, the terms shall be three
years, expiring on the third Tuesday of April in the third year of
the term. No more than one member of the Joint Extraterritorial Committee
shall serve as one of the five members.
The provisions of the Village Municipal Code and § 62.23(7)(e),
Wis. Stats., shall control the procedure and voting, and such sections
are adopted by reference herein as though set forth in full.
Insofar as applicable, the provisions regarding the Board of Appeals set forth in Article
XXV of this chapter shall apply to the administration of Extraterritorial Zoning.
The Board of Extraterritorial Zoning Appeals shall review appeals
of decisions made by the Joint Committee. The Board of Extraterritorial
Zoning Appeals does not conduct a de novo review of the matter being
appealed but rather completes a review of the record established by
the Joint Committee to determine whether the Joint Committee's actions
were consistent with the procedures and discretion granted to the
Joint Committee under this chapter. If the Board of Extraterritorial
Zoning Appeals determines that the Joint Committee's actions were
not consistent with the procedures and discretion granted to the Joint
Committee under this ETZ Ordinance, then the Board of Extraterritorial
Zoning Appeals shall remand the matter to the Joint Committee with
instructions. The Joint Committee will then correct the error identified
by the Board of Extraterritorial Zoning Appeals and issue a final
decision.