The Jefferson County Board of Zoning Appeals and Regional Planning Commission denied a variance request for a 20-by-50-foot, 65-foot-tall LED billboard proposed for a property overlooking Highway 40.

The action came after the applicant, Wesley Siss, said his intent was to “put up, an LED billboard, really for the benefit of the small business person in this area,” and that the proposed sign would sit “over 1,100 feet off of the road,” farther from traffic than existing signs. Siss told the board the installation company recommended the larger size to ensure visibility from the interstate.

Planning staff and commissioners questioned whether the application met the ordinance standard that variances be granted only for demonstrated hardship. Planning staff objected that hardship must be based on circumstances beyond an applicant’s mere choice of location and warned that routinely approving height and area variances could undercut the ordinance’s purpose. A staff member said: “Variances from the zoning ordinance are supposed to be based on hardship. . . I don't see a hardship here.”

Staff also raised safety and lighting concerns for LED displays. As one staff member told the board, LED signs can be "difficult to control" for timing and light intensity and "do have a safety issue" because drivers may be distracted by bright or changing displays.

After discussion, a commissioner moved to deny the variance based on lack of demonstrated hardship; another commissioner seconded. The motion carried on a voice vote.

The applicant said he would work with the power company to reduce light intensity on an existing pole light on his property and that he planned to continue pursuing options to make the sign viable for advertising small businesses in the area. The board record shows the denial was framed narrowly: commissioners applied the hardship standard in the county zoning ordinance when deciding whether to waive height and square-foot limits.

The denial does not prohibit Siss from submitting a revised application that complies with the ordinance or from seeking relief with additional evidence supporting a hardship claim.

For residents and businesses near the site, the board’s decision leaves in place the county’s existing size and height limits for off-premise signage and reiterates staff and commissioners’ concerns about LED luminance and roadway safety.