City of Opelika ZONING BOARD OF ADJUSTMENT

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City of Opelika

ZONING BOARD OF ADJUSTMENT

August 9, 2016

9:00 A.M.

PUBLIC WORKS

FACILITY

700 FOX TRAIL

APPEAL OF INTERPRETATION AND VARIANCE.

HCS II, FLP (Buddy Satterwhite, as Agent) appeals the decision of the Planning Director of the denial of a sign permit to convert an existing static face billboard located at 3903 Pepperell Parkway to digital faces.  Specifically, the applicant appeals from the Planning Director’s interpretation of certain sections of the Zoning Ordinance.  On October 6, 2015 the City Council enacted an emergency moratorium as to the acceptance, review and processing of applications for large sign permits.  The moratorium was twice extended by the City Council and expired on May 18, 2016.  On April 29, 2016, the applicant applied for a permit to convert the faces of the non-conforming billboard.  The City Council adopted new sign regulations on May 17, 2016.  The applicant alleges the following:

The City’s temporary sign moratorium is invalid as a matter of law.

The moratorium applied to application for new large signs, not to a face change on an existing non-conforming sign.

The Planning Director’s denial of the application relies on sections 9.4, 9.7, 9.8, 9.9 and 9.10 of the Zoning Ordinance. The applicant contends that said sections apply to applications for new billboards, not to a request to convert the faces of a non-conforming sign.

The applicant contends that under section 9.11 of the prior Zoning Ordinance, he should have been allowed to convert the faces of the existing sign.

The applicant seeks a variance from the zoning regulations to allow the conversion of an existing static face billboard located at 3903 Pepperell Parkway to digital faces.  The applicant states that the Zoning Ordinance creates a hardship by forcing the non-conforming sign to be subject to standards that only apply to new sign regulations.

NOTE:

1.  The City of Opelika complies with the Americans with Disabilities Acts.

2.  The City of Opelika meeting facilities are accessible.

3.  If you need special assistance please call Ms. Lisa McLeod, the City’s ADA Coordinator at (334) 705-5132.

Legal run 7/27/16

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