Billboard Variance – 5165 Hwy. 93 S., Missoula
Project Description
Lynore and Wendell Baer, represented by Lamar Advertising Company, are requesting a billboard sign variance for the property located at 5165 Hwy. 93 S. in Missoula. (Legal description: Parcel 2A, COS #4924).
The request is to structurally alter the existing nonconforming billboard. Changes to this billboard beyond normal maintenance and upkeep are not permitted because it’s located in a Commercial Center (CC) zoning district, which does not authorize billboards. The County Board of Adjustment must approve a variance for any changes to this billboard beyond normal maintenance.
The existing billboard has been located on this property since 1978, with a variance approved in 1998 to relocate the billboard 80 feet south along the Highway 93 frontage. The billboard was approved to be moved but not enlarged or altered in any other way. The billboard was too close to the driveway, and customers were running into it with their vehicles, so the Board of Adjustment approved the move but no other changes to the billboard.
The proposed structural alterations to this billboard as part of the current request include converting it from static copy to an electronic sign. Digital copy on an electronic sign face may flash, blink, and use transitional techniques such as fading, scrolling, or dissolving effects.
The Missoula County commissioners adopted sign regulations in 2022 classifying billboards as appropriate only in industrial zoning districts, excluding commercial zones from allowing installation of billboards. The existing billboard can remain and be maintained, but the regulations state uses that don’t currently conform to the zoning should conform more with the commercial zoning regulations over time, not less, as the applicant is requesting.
What is a variance?
A variance is a relaxation of specific provisions of zoning regulations that can be granted if certain criteria can be met. The Board of Adjustment may only approve a zoning variance if it’s not contrary to the public interest and does not give an advantage to a particular business which is not enjoyed by other businesses in the same zoning district. They must evaluate proposed variances using the following criteria and find favorably that:
- The variance will not authorize a use that is not already allowed in the zoning district.
- The variance will not authorize additional density beyond what is allowed in the zoning district.
- Special conditions exist that are unique to the property, such as size, shape, topography or location, that do not apply to other lands in the same zoning classification.
- Literal enforcement of the provisions of the regulations will result in unnecessary hardship that is not of the applicant’s own making.
- Granting the variance will be in harmony with the general purpose and intent of these regulations and the Missoula County Growth Policy and will not be injurious to the neighborhood or otherwise detrimental to the public welfare.
- The request for the variance is not based on monetary factors.
Project Timeline
Board of Adjustment Public Hearing: Wednesday, Aug. 20, 6 p.m.
Participants may attend the public hearing in person in the Sophie Moiese Room of the Missoula County Courthouse Annex, 200 West Broadway in Missoula. Participants may also attend the meeting virtually over Microsoft Teams by going to http://missoula.co/boardofadjustment. To join the call on your phone, call 406-272-4824, Conference ID 427 662 811#
This project is not subject to approval by the Board of County Commissioners.
Public Comment
Submit public comment using the comment tool below before the Aug. 20 hearing.
Project Lead
Jennie Dixon, 406-258-4946, jdixon@missoulacounty.us
Related Links & Documents
Rendering of the digital sign the applicant is requesting.
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