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10.87(2) — 10.93(1) signs may be erected only upon the complete 10.90 CONDITIONS ON VARIANCES. (1) The removal of all nonconforming signs. committee may impose such conditions or (3) Nonconforming signs shall be brought into restrictions upon the sign and premises compliance or removed when the principal use of benefited by a variance as may be necessary to the premises is changed to a different use. comply with the above standards to reduce or [History: 10.87 cr., Sub. 2 to OA 6, 1989-90, pub. minimize the injurious effect of such variance 09/21/90.] upon other property in the neighborhood and to 10.88 VARIANCES. (1) Variances from the better carry out the general intent of this ordinance. requirements of this chapter may be granted by [History: 10.90 cr., Sub. 2 to OA 6, 1989-90, pub. the standing committee designated by the county 09/21/90.] board upon application to and payment of a fee to the zoning administrator. Variances are 10.91 APPLICATIONS AND PERMITS. (1) The limited as specified in this section. application for a permit to install or erect a sign (2) Variances may be granted from the shall contain such information as required by the maximums of height or area (but not both) for all zoning administrator. signs regulated by this ordinance, except as (2) The zoning administrator shall issue a limited by this section. suitable identification tag with each sign permit. (3) Variances to maximum of height or area may The identification tag shall be placed on the sign not exceed maximums specified in this chapter or on a support column in a location that is easily by more than 20%. visible from the road or proximity of the sign. (4) Variances may not be granted to maximum (3) Fees established by chapter 12 supersede height, to maximum area or to minimum all other fees established in chapters 10 and 78 separation requirements for off-premise of the Dane County Code of Ordinances. advertising signs. [History: 10.91 cr., Sub. 2 to OA 6, 1989-90, pub. [History: 10.88 cr., Sub. 2 to OA 6, 1989-90, pub. 09/21/90.] 09/21/90.] 10.92 PENALTIES. (1) Any person or persons, 10.89 VARIANCE STANDARDS. (1) firm, company or corporation, owner, occupant Unnecessary hardship must be found as or other user of the premises, who violates, distinguished from a mere inconvenience. The disobeys, omits, neglects or refuses to comply finding of a hardship shall take into consideration with or resists the enforcement of any of the the particular physical surroundings, shape or provisions of this subchapter shall be subject to topographical conditions of the specific property a forfeiture of not less than five dollars, nor more involved. than two hundred dollars and costs. Each day (2) The conditions upon which the application that a violation is permitted to exist shall for a variance is based would not be applicable constitute a separate offense. generally to other property similarly situated. (2) Compliance herewith shall be enforced by (3) The purpose of the variance is not based injunctional order at suit of the county or exclusively upon a desire for economic or other occupant of real estate within the district affected material gain by the applicant or owner. by the regulations of this ordinance. It shall not (4) The alleged hardship or difficulty is caused be necessary to prosecute for forfeiture before by this ordinance and has not been created by resorting to injunctional proceedings. any person presently having an interest in the (3) Any person who has the ability to pay any property. forfeiture entered against him or her under this (5) The granting of the variance will not be ordinance but refuses to do so may be confined detrimental to the public welfare, or injurious to in the county jail until such forfeiture is paid but other property or improvements in the in no event to exceed thirty (30) days. In neighborhood in which the property is located. determining whether an individual has the ability (6) The proposed variance will not impair an to pay a forfeiture, all items of income and all adequate supply of light and air to adjacent assets may be considered regardless of whether property, endanger the public safety or or not such income or assets are subject to substantially diminish or impair property values garnishment, lien or attachment by creditors. within the neighborhood. [History:1 0.92 cr.,Sub.2 to OA 6, 1989-90,pub.09/21/90.] [History: 10.89 cr., Sub. 2 to OA 6, 1989-90, pub. 09/21/90.] 10.93 SEVERABILITY. (1) Should any section, clause or provision of this subchapter be Page 10-61 rev. 093008