§ 3.513. Variances.

(a)

Variances Not Permitted. Variances for signs prohibited by section 3.505 of the subtitle may not be granted.

(b)

The Board of Appeals may grant variances outside of Downtown Columbia from the provision of this subtitle where the following determinations are made:

(1)

That there are unique physical conditions or exceptional topographical conditions peculiar to the property on which the proposed sign is to be located, including the location of existing buildings and other structures, irregularity, narrowness or shallowness of the lot, irregularity of the road right-of-way, location on a highway that has a dependency on nonlocal use, which conditions lead to practical difficulty and unnecessary hardship in complying strictly with the provisions of this subtitle; or

(2)

That there are obstructions, such as excessive grade, building interference, structures or landscaping on abutting property or properties which seriously interfere with the visibility of a proposed sign, resulting in practical difficulties and unnecessary hardship in complying strictly with the provisions of this subtitle; or

(3)

That there are historical, architectural or aesthetic characteristics which shall be considered; and

(4)

That the variance, if granted, will not adversely affect the appropriate use or development of adjacent properties, nor result in a dangerous traffic condition; and

(5)

That the requested variance is the minimum necessary to afford relief, and can be granted without substantial impairment of the intent, purpose and integrity of this subtitle; and

(6)

That such practical difficulties or hardships have not been created by the Applicant; provided, however, that where required findings pursuant to section 3.513 are made, the purchase or lease of the property on which a proposed sign is to be located subject to the restrictions sought to be varied shall not itself constitute a self-created hardship.

(c)

In Downtown Columbia, the Planning Board may approve a variance from the provisions of this subtitle where the proposed signage is approved by the Planning Board and the Board determines that:

(1)

The proposed signage is otherwise allowed;

(2)

The proposed signage is appropriate given its location and the anticipated scale and intensity of existing or planned adjacent uses;

(3)

The proposed signage will not adversely affect the use or development of adjacent property, nor result in a dangerous traffic condition;

(4)

The proposed signage will not be detrimental to the downtown revitalization; and

(5)

Extraordinary hardships or practical difficulties may result from strict compliance with this subtitle or that the goals of downtown revitalization will be served to a greater extent by the proposed sign.

(C.B. 1, 1972; C.B. 77, 1981; C.B. 56, 2010, § 2)