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Chapter 10
<br /> (6) Powers of the board of adjustment. The 10.27 SEVERABILITY OF ORDINANCE .
<br /> Board of Adjustment shall have the following PROVISIONS. Should any section, clause or 1
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<br /> powers: provisions of this ordinance be declared by the courts
<br /> (a) To hear and decide appeals where it is to be invalid,the same shall not affect the validity of
<br /> alleged there is error in any order, requirement, the ordinance as a whole:to any part thereof, other
<br /> decision or determination made by an administrative than the part so declared to be invalid.
<br /> official in the enforcement of sections 59.97, 59.971,
<br /> 87.30 or of any ordinance adopted pursuant thereto. 10.28 REPEAL OF CONFLICTING
<br /> (b) To hear and decide special exceptions to PROVISIONS. All ordinances or parts of
<br /> the terms of the ordinance upon which such board is ordinances in conflict with the provisions of this
<br /> required to pass under such ordinance. ordinance are hereby repealed. _
<br /> (c) To authorize upon appeal in specific v
<br /> cases such variance from the terms of the ordinance 10.29 EFFECTIVE DATE. This ordinance shall Ti
<br /> as will not be contrary to the public interest, where, be in full force and effect upon passage and
<br /> owing to special conditions, a literal enforcement of publication.
<br /> the provisions of the ordinance will result in _I
<br /> unnecessary hardship, and so that the spirit of the (10.30 through 10.69, inclusive, reserved)
<br /> ordinance shall be observed and substantial justice if
<br /> done.
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<br /> (7) Order on appeal. In exercising the above-
<br /> mentioned powers such board may, in conformity
<br /> with the provisions of this section, reverse or affirm, . SUBCHAPTER II
<br /> wholly or partly, or modify the order, requirement,
<br /> decision or determination appealed from and may 10.70 SUBCHAPTER; PURPOSE.
<br /> make such order, requirement, decision or (1) Sections 10.70 through 10.93, inclusive, are
<br /> determination as ought to be made, and to that end hereinafter collectively referred to as "this l
<br /> shall have all the powers of the officer from whom subchapter".
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<br /> the appeal is taken. (2) The purpose of this subchapter is to regulate
<br /> (8) Majority rule. The concurring vote of a signs for all properties within the jurisdiction of this
<br /> majority of the board shall be necessary to reverse ordinance and to ensure the public safety, '
<br /> any order, requirement, decision or determination of preservation of scenic beauty and the implementation
<br /> such administrative official, or to decide in favor of of the desired overall character of the community
<br /> the applicant on any matter upon which it is required and its constituent zoning districts. ___,
<br /> to pass under any such ordinance, or to effect any [History: am., Sub. 2 to O.A. 6, 1989-90, pub.
<br /> variation in such ordinance. 09/21/90.]
<br /> (9) Expiration of authorization. When any \'' j
<br /> construction shall have been authorized by the board 10.71 DEFINITIONS. As used in this subchapter,
<br /> of adjustment pursuant to the provisions of this the following words shall have the definitions
<br /> section,a permit for such construction shall be taken indicated:
<br /> out within one year from the date of such (1) Sign shall mean any object, device, display,
<br /> authorization, otherwise such authorization shall structure, or part thereof, situated outdoors,which is
<br /> become null and void; provided, that the board of used to advertise, identify, display, direct or attract
<br /> adjustment, upon request may extend such attention to an object, person, institution,
<br /> authorization for a specific period without the organization, business, product, service, event, or
<br /> necessity of another public hearing. location by any means, including words, letters,
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<br /> (10) Effect of the denial of an appeal by the board figures, designs, symbols, fixture, colors, � }
<br /> of adjustment. An appeal that has been denied by illumination, or projected images. As used herein
<br /> the board of adjustment shall not be resubmitted for sign does not include the flag or emblem of any
<br /> a period of one year from the date of denial, except nation, organization of nations, or other �; f
<br /> on the grounds of new evidence or proof of change of governmental or municipal agencies or units; traffic ,,.
<br /> conditions found to be valid by the board. control or other public agency signs; community
<br /> [History: (3)am.,O.A. 20, 1989-90,pub.02/27/90. information signs; displays within the confines of a II
<br /> ] building; merchandise, pictures or models of _ i t
<br /> products or services incorporated in a window
<br /> display; works of art which in no way identify a
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