April Dane County Code of Ordinances

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Chapter 10 erected only upon the complete removal of all 10.90 CONDITIONS ON VARIANCES. (1) The nonconforming signs. committee may impose such conditions or restrictions (3) Nonconforming signs shall be brought into upon the sign and premises benefited by a variance as compliance or removed when the principal use of the may be necessary to comply with the above standards premises is changed to a different use. to reduce or minimize the injurious effect of such [History: 10.87 cr., Sub. 2 to OA 6, 1989-90, pub. variance upon other property in the neighborhood and 09/21/90.] to better carry out the general intent of this ordinance. [History: 10.90 cr., Sub. 2 to O A 6, 1989-90, pub. 10.88 VARIANCES. (1) Variances from the 09/21/90.] requirements of this chapter may be granted by the standing committee designated by'the county board 10.91 APPLICATIONS AND PERMITS. (1) The upon application to and payment of a fee to the application for a permit to install or erect a sign shall zoning administrator. Variances are, limited as contain such information as required by the zoning specified in this section. administrator. (2) Variances may be granted from the maximums of (2) The zoning administrator shall issue a suitable height or area(but not both)for all signs regulated by identification tag with each sign permit. The this ordinance,except as limited by this section. identification tag,shall be placed on the sign or on a (3) Variances to maximum of height or area may not support column in a location that is easily visible exceed maximums specified in this chapter by more from the road or proximity of the sign. than 20%. (3) Fees established by chapter 12 supersede all other (4) Variances may not be granted to maximum fees established in chapters 10 and 78 of the Dane height, to maximum area or to minimum separation County Code of Ordinances. requirements for off-premise 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 or Unnecessary hardship must be found as distinguished other user of the premises, who violates, disobeys, from a mere inconvenience. The fmding of a omits, neglects or refuses to comply with or resists hardship shall take into consideration the particular the enforcement of any of the provisions of this physical surroundings, shape or topographical subchapter shall be subject to a forfeiture of not less i - conditions of the specific property involved. than five dollars, nor more than two hundred dollars (2) The conditions upon which the application for a and costs. Each day that a violation is permitted to variance is based would not be applicable generally to exist shall constitute a separate offense. 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 occupant of exclusively upon a desire for economic or other real estate within the district affected by the material gain by the applicant or owner. regulations of this ordinance. It shall not be (4) The alleged hardship or difficulty is caused by necessary to prosecute for forfeiture before resorting this ordinance and has not been created by any person to injunctional proceedings. presently having an interest in the property. (3) Any person who has the ability to pay any (5) The granting of the variance will not be forfeiture entered against him or her under this detrimental to the public welfare,or injurious to other ordinance but refuses to do so may be confined in the property or improvements in the neighborhood in county jail until such forfeiture is paid but in no event which the property is located. to exceed thirty(30)days. In determining whether an (6) The proposed variance will not impair an individual has the ability to pay a forfeiture, all items adequate supply of light and air to adjacent property, ' of income and all assets may be considered regardless endanger the public safety or substantially diminish of whether or not such income or assets are subject to. or impair property values within the neighborhood. garnishment,lien or attachment by creditors. [History: 10.89 cr., Sub. 2 to OA 6, 1989-90, pub. [History: 10.92 cr., Sub. 2 to OA 6, 1989-90, pub. 09/21/90.] 09/21/90.] Page 55 Revised 4-30-97