Ordinance 1st Reading: 6/0 (Councilman Lundvall absent)
Ordinance 2nd Reading: 6/0 (Councilman Brown absent)
In February 2016 the applicant applied for and received a zoning permit to construct a tri-face billboard sign at the corner of Westover Road and 4-J Road. Due to delays in the manufacturing of the product the zoning and building permit expired.
In March of 2017 the applicant re-applied for a zoning permit. The March 14, 2017 zoning application was granted with conditions. The conditions were as follows:
- The total combined advertisement square feet (area) shall not exceed 680 sf for all conventional billboards and electronic graphic display signs to be located on this structure in accordance with Section 10.f.(1)(g) of the City Zoning Ordinance. The total, combined area of all advertisement panels as proposed is 900 sf on the plans submitted. Please reduce the advertisement area accordingly.
- The electronic graphic display sign panel shall not exceed 340 sf in total area.
- Based on the configuration of this structure, only one electronic graphic display panel is allowed in accordance with Section 10.f.(1)(I)(10) of the City Zoning Ordinance.
The permit applicant, in a written statement, indicated “I reserve the right to apply for a variance on the sq footage total.”
Conditions were placed upon the March 2017 permit to ensure the billboard met the provisions of the ordinance as written.
In May of 2017 the applicant was required by staff to remove advertising from one face of the tri-face billboard as it violated the terms of the permit by exceeding the maximum advertising size requirement by 220 square feet. Since that time the billboard has remained without advertising on one of the three faces of the billboard.
In November of 2017 the applicant applied for a zoning text amendment to amend the zoning regulations and allow for up to 1360 square feet of advertising on all billboards with more than two (2) advertising faces which are not back to back. This request would allow for the existing tri-face billboards to be 453 square feet in size which is 153 square feet per face larger.
Staff was unable to support the substantial increase in size however, working with the applicant, created an ordinance that allowed for the existing tri-face billboards to come into compliance and operate with 900 square feet of advertising space. The case was approved by the Planning Commission with a 7-0 vote on December 26, 2017. The Public Hearing and First Reading of the Ordinance failed with a 2-4 vote on February 6, 2018.
In 2018, the City initiated and annexed the Country Club Island Annexation which incorporated a 900 square foot tri-face sign at the corner of Boxelder and Butler Spaeth Road, accepting the billboard as is.
This application, submitted by the same owner, is once again seeking to allow the tri-face billboards to maintain the 900 square feet of advertising space as they currently exist and allow for future placement of tri-face billboards in limited areas throughout the City. These limited areas are in Agricultural Zones, Industrial Zones, and if within 250 of the Interstate right-of-way they are permitted in C-1, C-3, and C-O Districts. Further restrictions apply when a digital billboard is used for advertising space. Digital billboards require a 2000-foot separation in every direction no matter the jurisdictional boundaries.
The applicant is requesting the following zoning text amendment:
- Amend Section 16. DEFINITIONS (sss) (1) to include the following:
(b) Tri-Face Billboards: a Billboard with three (3) advertising faces supported by 1 or more uprights, poles or braces in or upon the ground, and not attached to any building.
(c) Billboards shall not exceed a maximum of 3 advertising faces.
- Amend Section 10.f.(1).(g) to include the following:
- See Section 10.f.(1).(m) for Tri-Face Billboard Measurement limits and 10.g for further billboard measurement guidance.
- Amend Section 10.f.(1) to include the following:
(m) Tri-Face Billboards: Tri-Face Billboards shall be permitted with the same placement requirements as all other billboards as listed in Section 10, except that they shall maintain a minimum distance of two thousand (2,000) feet, in all directions between each tri-face billboard. This distance shall apply in all cases, regardless of any jurisdictional boundaries between billboards. The total advertising area of a tri-face billboard shall not exceed 900 square feet. Per Section 10.f.(1).(l).(10), one (1) Electronic Graphic Display (maximum of 340 square feet of advertising space) shall be allowed as part of a tri-face billboard’s total advertising area.
Amend Exhibit 10-2 as shown in Exhibit.
|