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(a) The Board of Adjustments shall have the following powers:

1. To hear and decide appeals as may be authorized by section 12.55 of this ordinance or where it is alleged that there is error in any order, requirement, decision or determination made by an administrative official in the enforcement of section 59.69 of the Wisconsin Statutes or this ordinance.

2. To hear and to authorize upon appeal in specific cases such variance from the terms of the ordinance as will not be contrary to the public interest, or, owing to special circumstances 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.

3. To hear and decide applications for interpretations of the zoning regulations and the location of the boundaries of the zoning district, floodlands, and shorelands after the Planning, Development & Extension Education Committee has made a review and recommendation. Floodland and shoreland boundaries shall be altered by the Board of Adjustments only when the applicant presents evidence that clearly and conclusively establishes that the location as shown on the zoning map is incorrect. (11/5/84) If the boundary is incorrectly mapped, the Board should inform the zoning committee or the person contesting the boundary location to petition the governing body for a map amendment according to 12.60.040 Amendments.

4. To hear and grant applications for substitution of more or equally restrictive nonconforming uses for existing nonconforming uses provided no structural alterations are to be made and the Department of Planning and Development has made a review and recommendation. Whenever the Board permits such a substitution, the use may not thereafter be changed without application.

5. To hear and grant applications for temporary uses, in any district provided that such uses are of a temporary nature, do not involve the erection of a substantial structure, and are compatible with the neighboring uses and the Department of Planning and Development has made a review and recommendation. The permit shall be temporary, revocable, subject to any conditions required by the Board of Adjustment, and shall be issued for a period not to exceed twelve (12) months. Compliance with all other provisions of this Ordinance shall be required.

(b) No variance shall have the effect of permitting any use in a district that is prohibited in that district, nor shall a variance have the effect of a re-zoning.

(c) The Board may reverse, affirm wholly or partly or modify the order, requirement, decision, or determination appealed from, and may make such order, requirement, decision or determination as ought to be made.

(d) The Board may request assistance from other County officers, departments, commissions, and boards.

(e) The Chairman may administer oaths and compel the attendance of witnesses by subpoena. [Code § 12.36-5.]