Resolution - #25-196 - 08/28/2025

Home

FINDINGS OF FACT 1. That the off-premises digital billboard sign does not violate the intent and purpose of the Comprehensive Plan. 2. That the practical difficulties, as stated by the Permittee, in placing the sign in a location not meeting the two-mile spacing requirement of Section 108-55(b)(3) are: A. That the property owner proposes to use the property in a reasonable manner not permitted by the zoning code. The applicant is proposing to construct a digital off- premises billboard in a location specifically designated by the city’s zoning for such use. This is a reasonable and anticipated use of the property in this district. The sign complies with all applicable design, height, and dimensional requirements outlined in the ordinance. The proposed sign aligns with the city’s intention to allow up to three digital billboards along Highway 10. B. The plight of the landowner is due to circumstances unique to the property not created by the landowner. The need for the variance comes from the physical location of this property and the location of the pre-existing placement of the two other off- premises digital billboards. This area – the eastern portion of the off-premise digital billboard overlay district along Highway 10 is the last remaining area feasible for the code contemplated third digital billboard. Due to the placement of the existing, previously approved off-premises digital billboards, achieving the two-mile spacing is mathematically impossible. The two-mile spacing puts the next allowable sign outside of the city’s boundary to the east. This creates a unique hardship and the application would otherwise be fully compliant if it were not for this slight spacing shortfall. Any other location to the east would also need a variance for spacing. These circumstances were brought about by the city defined spacing intervals combined with the previous placement of the two previously approved digital off-premises signs, which is not the result of any action or decision by the applicant or landowner. C. The variance, if granted will not alter the essential character of the locality. The proposed sign is located within the designated off-premise digital billboard overlay district and is compliant with all other requirements of the ordinance with exception of the spacing variance. The code permits up to three of these signs – two of which have already been constructed. The variance would allow the third and final sign as contemplated by the ordinance, and fulfill the city’s original vision of having three signs distributed along Highway 10. The original intention was one sign on the west end, one sign in the middle, and one sign on the east end. This fulfills that vision. The sign’s design and placement are consistent with existing permitted signs and will be located along a major commercial corridor, where such signs are expected and appropriate. The variance does not introduce a new or unexpected intensity of use into the area. It simply allows for the completion of the originally intended sign plan. The character will remain consistent and the visual and functional impact of the sign is aligned with the city’s intended land use in this area. RESOLUTION #25-196 Page 2 of 4