Revised Dane County Code of Ordinances

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Chapter 78 adjustment shall be granted or denied within sixty (1) Variances. Upon appeal in special cases, the . (60) days of the date of filing of the applications, board of adjustment may, after investigation and 1 ■ unless Federal Aviation Administration approval is public hearing, grant such variance from the terms C-, requested. Applications for action by the board of of this chapter as will not be contrary to the public adjustment shall be forthwith transmitted by the interest where owing to special conditions, a literal zoning administrator to the board for hearing and enforcement of this chapter would result in 1j decision. There shall be a charge of fifteen($15.00) unnecessary hardship, and such relief will do dollars for applications. substantial justice and be in accord with the spirit of ; i this chapter,and does not create a hazard to the safe, j ) 78.07 PERMITS. normal operation of aircraft. (1) Future uses. No structure shall hereafter be (2) Aggrieved person. Any person aggrieved or constructed, erected or installed, or be permitted to affected by any decision or action of the zoning ! , remain in any zone created by section 78.02 until the administrator made in his administration of this +:-- owner or his agent shall have applied in writing for a chapter may appeal such decision or action to the permit therefore and obtained such permit from the board of adjustment. zoning administrator, except structures less than (3) Procedure. Any appeal taken pursuant to this j '' thirty-five (35) feet in height above the ground and section shall be in conformity with the procedure within one-half mile of the airport boundary and established by section 59.99 of the Wis. Stats. structures less than fifty(50)feet in height above the t ground within the area beginning one-half mile from 78.10 PENALTIES. Any person violating any of the airport boundary,and extending to one mile from the provisions of this chapter shall,upon conviction, the airport boundary, and structures less than one forfeit not less than five ($5.00) dollars nor more hundred(100)feet in height above the ground within than two hundred($200.00) dollars for such offense, the area beginning one mile from the airport together with the costs of prosecution, and in default boundary and extending to three miles from the of payment, of such forfeiture and costs of - -I airport boundary. Said permit shall be posted in a prosecution, shall be imprisoned in the county jail t prominent place on the premises prior to and during until said forfeiture and costs are paid, but not to —' the period of construction, erection, installation or exceed thirty(30) days for each violation. Each day establishment. Application for such permit shall that a violation continues to exist shall constitute indicate the use for which the permit is desired, and a separate offense. shall describe and locate the use with sufficient particularity to permit the zoning administrator to determine whether such use would conform to the END OF CHAPTER regulations herein prescribed. If such determination is in the affirmative, the zoning administrator shall issue the permit applied for. (2) Existing uses. Before any nonconforming b structure may be replaced, altered, or rebuilt, a permit shall be applied for and secured in the manner prescribed by subsection (1) above authorizing such change,replacement or repair. No such permit shall be denied if the structure will not become a greater hazard to air navigation than it was ? on the effective date of this chapter, or than it was when the application for permit was made. r- 78.08 BOARD OF APPEALS. The Dane County Board of Adjustment, appointed pursuant to section 59.99 of the Wis. Stats. and chapter 74 of the ' I ordinances is hereby designated as the board of L l appeals pursuant to section 114.136(4)(a)of the Wis. -. Stats. - { 78.09 APPEAL AND REVIEW. 1 ( Page 92 e N