Sec. 59-F-12.1. Generally.*

   (a)   The Director of Permitting Services, or the Director’s designee, may:

      (1)   after a hearing, approve an application for a variance from the sign requirements of this Article if:

         (A)   the strict application of those requirements would result in a particular or unusual practical difficulty, exceptional or undue hardship, or significant economic burden on an applicant;

         (B)   the variance is the minimum reasonably necessary to overcome any exceptional conditions; and

         (C)   the variance can be granted without substantial impairment of the purpose of this Article;

      (2)   approve a variance for a sign on property subject to a special exception issued by the Board of Appeals if:

         (A)   the elements of subparagraph (a)(1)(A) have been satisfied; and

         (B)   the Board of Appeals has approved the sign.  Nothing in this paragraph precludes the Director or designee from imposing more restrictive conditions than the Board of Appeals, but the Director or designee must not approve a variance which is less restrictive than any condition set by the Board of Appeals; and

      (3)   after hearing, revoke a previously granted sign variance if:

         (A)   the applicant supplied inaccurate information, or

         (B)   the terms of a variance have not been met.

   (b)   In each variance decision the Director or designee must consider:

      (1)   the sign’s size, shape, color, design elements, location, or cost;

      (2)   compatibility of the proposed sign with the surrounding property, the proximity of other signs, and the characteristics of the area; and

      (3)   any recommendation of the Planning Board or its technical staff.

   (c)   The Director or designee may impose conditions and terms when approving a variance.

   (d)   The Director or designee must not approve a variance for any sign prohibited under Division 59-F-7, or vary any requirement of Section 59-F-9.2.

   (e)   The Director or designee must verify that each applicant for a sign variance has:

      (1)   submitted with the application for a variance a list of all persons and organizations who must be notified of the hearing; and

      (2)   notified each person and organization on the list at least 15 days before the hearing.

   (f)   Those persons and organizations entitled to notice of the hearing are:

      (1)   the owner and all residents of each property that is contiguous or opposite to the proposed location of the sign.  A condominium’s council of unit owners may be notified instead of the owner and residents of each individual condominium;

      (2)   the head officer of any citizens association on file with the Planning Board that represents the area where the sign would be located;

      (3)   any municipality or special taxing district in which the proposed sign would be located;

      (4)   the technical staff of the Planning Board if the sign would be located on property subject to a site plan agreement; and

      (5)   any other person or organization that expressed an interest in writing to the Department or the applicant before the notice is sent.

   (g)   The Director may approve a variance under subsection (a)(1) without holding a hearing if:

      (1)   after receiving notice under subsection (f), no person has expressed an intention by a specified deadline to oppose the application or otherwise appear at the hearing; and

      (2)   the Director concludes that approval of a variance would not create any negative impact on the area where the sign is or would be located.

   (h)   The Director or designee must notify each party of record of the variance decision when it is issued.  Any party may appeal the Director’s decision to the Board of Appeals under Section 59-F-10.3.

(Legislative History: Ord. No. 15-52, § 1.)