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10 - 41 <br /> owing to special conditions, a literal ordinances in conflict with the provisions of this <br /> enforcement of the provisions of the ordinance ordinance are hereby repealed. <br /> will result in unnecessary hardship, and so that <br /> the spirit of the ordinance shall be observed and 10.29 EFFECTIVE DATE. This ordinance shall be <br /> substantial justice done. in full force and effect upon passage and <br /> (7) Order on appeal. In exercising the publication. <br /> above-mentioned powers such board may, in <br /> conformity with the provisions of this section, (10.30 through 10.69, inclusive, reserved) <br /> reverse or affirm, wholly or partly, or modify the <br /> order, requirement, decision or determination SUBCHAPTER II <br /> appealed from and may make such order, <br /> requirement, decision or determination as ought 10.70 SUBCHAPTER; PURPOSE. (1) Sections - <br /> to be made, and to that end shall have all the 10.70 through 10.93, inclusive, are hereinafter <br /> powers of the officer from whom the appeal is collectively referred to as "this subchapter". <br /> 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 ordinance and to ensure the public safety, <br /> reverse any order, requirement, decision or preservation of scenic beauty and the <br /> determination of such administrative official, or implementation of the desired overall character of <br /> to decide in favor of the applicant on any matter the community and its constituent zoning districts. <br /> upon which it is required to pass under any such [History: am., Sub. 2 to O.A. 6, 1989-90, pub. <br /> ordinance, or to effect any variation in such 09/21/90.] <br /> ordinance. <br /> (9) Expiration of authorization. When any 10.71 DEFINITIONS. As used in this subchapter, <br /> construction shall have been authorized by the the following words shall have the definitions <br /> board of adjustment pursuant to the provisions of indicated: <br /> this section, a permit for such construction shall (1) Sign shall mean any object, device, display, <br /> be taken out within one year from the date of structure, or part thereof, situated outdoors, which <br /> such authorization, otherwise such authorization is used to advertise, identify, display, direct or <br /> shall become null and void; provided, that the attract attention to an object, person, institution, <br /> board of adjustment, upon request may extend organization, business, product, service, event, or <br /> such authorization for a specific period without location by any means, including words, letters, <br /> the necessity of another public hearing. figures, designs, symbols, fixture, colors, <br /> (10) Effect of the denial of an appeal by the illumination, or projected images. As used herein <br /> board of adjustment. An appeal that has been sign does not include the flag or emblem of any <br /> denied by the board of adjustment shall not be nation, organization of nations, or other <br /> resubmitted for a period of one year from the governmental or municipal agencies or units; traffic <br /> date of denial, except on the grounds of new control or other public agency signs; community <br /> evidence or proof of change of conditions found information signs; displays within the confines of a <br /> to be valid by the board. building; merchandise, pictures or models of <br /> [ History: (3) am., O.A. 20, 1989-90, pub. products or services incorporated in a window <br /> 02/27/90.] display; works of art which in no way identify a <br /> product or service; scoreboards located on athletic <br /> 10.27 SEVERABILITY OF ORDINANCE fields; "no trespassing" and no hunting" signs; and <br /> PROVISIONS. Should any section, clause or signs mounted or painted on commercial vehicles <br /> provisions of this ordinance be declared by the and the same are expressly excepted from <br /> courts to be invalid, the same shall not affect the regulation under this subchapter. <br /> validity of the ordinance as a whole to any part (2) Agriculture sign shall mean a sign advertising <br /> thereof, other than the part so declared to be agricultural products which are available at a <br /> invalid. specific farm or are being produced on the farm on <br /> which the sign is located. <br /> 10.28 REPEAL OF CONFLICTING (3) Apartment complex sign shall mean a sign that <br /> PROVISIONS. All ordinances or parts of provides identification for an apartment complex <br /> on which the sign is located. <br /> rev. 043094 <br /> • <br />