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10 - 51 10.88 VARIANCES. (1) Variances from the with the above standards to reduce or minimize requirements of this chapter may be granted by the injurious effect of such variance upon other the standing committee designated by the property in the neighborhood and to better carry County Board upon application to and payment out the general intent of this ordinance. of a fee to the Zoning Administrator. Variances [ History: 10.90 cr., Sub. 2 to O.A. 6, 1989-90, ' are limited as specified in this section. ' pub. 09/21/90.] (2) Variances may be granted from the maximums of height or area (but not both) for all 10.91 APPLICATIONS AND PERMITS. (1) The signs regulated by this ordinance, except as application for a permit to install or erect a sign limited by this section. shall contain such information as required by the (3) Variances to maximum of height or area may Zoning Administrator. not exceed maximums specified in.this Chapter (2) The Zoning Administrator shall issue a suitable by more than 20%. . identification tag with each sign permit. The (4) Variances may not be granted to maximum identification tag shall be placed on the sign or on height, to maximum area or to minimum a support column in a location that is easily visible separation requirements for off-premise from the road or proximity of the sign. advertising signs. (3) Fees established by chapter 12 supersede all [ History: 10.88 cr., Sub. 2 to O.A. 6, 1989-90, other fees established in Chapters 10 and 78 of the pub. 09/21/90.] Dane County Code of Ordinances. [ History: 10.91 cr., Sub. 2 to O.A. 6, 1989-90, 10.89 VARIANCE STANDARDS. (1) pub. 09/21/90.] Unnecessary hardship must be found as distinguished from a mere inconvenience. The 10.92 PENALTIES. (1) Any person or persons, finding of a hardship shall take into firm, company or corporation, owner, occupant or consideration the particular physical other user of the premises, who violates, disobeys, surroundings, shape or topographical conditions omits, neglects or refuses to comply with or resists of the specific property involved. the enforcement of any of the provisions of this (2) The conditions upon which the application subchapter shall be subject to a forfeiture of not for a variance is based would not be applicable less than five dollars, nor more than two hundred generally to other property similarly situated. dollars and costs. Each day that a violation is (3) The purpose of the variance is not based permitted to exist shall constitute a separate exclusively upon a desire for economic or other offense. material gain by the applicant or owner. (2) Compliance herewith shall be enforced by (4) The alleged hardship or difficulty is caused injunctional order at suit of the County or occupant by this ordinance and has not been created by of real estate within the district affected by the any person presently having an interest in the regulations of this ordinance. It shall not be property. necessary to prosecute for forfeiture before ` (5) The granting of the variance will not be resorting to injunctional proceedings. detrimental to the public welfare, or injurious to (3) Any person who has the ability to pay any other property or improvements in the forfeiture entered against him under this ordinance neighborhood in which the property is located. but refuses to do so may be confined in the county (6) The proposed variance will not impair an jail until such forfeiture is paid, but in no event to adequate supply of light and air to adjacent exceed thirty(30) days. In determining whether an property, or endanger the public safety or individual has the ability to pay a forfeiture, all substantially diminish or impair property values items of income and all assets may be considered within the neighborhood. regardless of whether or not such income or assets [ History: 10.89 cr., Sub. 2 to O.A. 6, 1989-90, are subject to garnishment, lien or attachment by pub. 09/21/90.] creditors. [ History: 10.92 cr., Sub. 2 to O.A. 6, 1989-90, pub.09/21/90.] 10.90 CONDITIONS ON VARIANCES. (1) The ' Committee may impose such conditions or 10.93 SEVERABILITY. (1) Should any section, restrictions upon the sign and premises benefited clause or provision of this subchapter be declared by a variance as may be necessary to comply by the courts to be invalid,the same shall not affect rev. 103194