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Council rejects repeal of billboard-relocation language, approves variance pathway
Summary
After public comment from billboard operator Lamar, the Coeur d'Alene City Council voted down an ordinance that would have repealed recent rules allowing relocation of existing billboards and instead approved a separate ordinance that permits applicants to seek a variance from relocation standards.
The Coeur d'Alene City Council on Jan. 7 considered two competing code changes related to billboard relocation. Council voted against repealing the relocation provisions but approved an amendment allowing applicants to request a variance from the code’s relocation restrictions.
Renata (planning staff) presented two options requested by council: (1) repeal portions of Chapter 15.50.400 (subsections C3 and C4) that permit existing billboards to relocate under certain conditions, and (2) add language to allow applicants to request a variance from any restriction in section 15.50.400C, subject to a showing of undue hardship due to site characteristics and a finding that approval would not be contrary to the public interest.
During public comment Lamar representatives—Duane (Dwayne) Halliday and Neil Schreiber—described Lamar as a local operator seeking to update and relocate some static billboards and to deploy digital advertising in response to local business demand. Halliday said Lamar operates locally and that most billboard sales in the area serve local businesses; Schreiber addressed specific code sections and argued proposed relocations would meet an allowance in the code regarding building obstructions and sightlines.
Legal staff (Randy) and the city attorney explained competing interpretations of the code. Counsel advised that subsection 15.50.400C(4) sets a general height restriction (applicants may not exceed the height of the existing billboard) and that the council cannot ignore clear ordinance text in a public hearing without other authority. Planning staff said the repeal would remove the ability for billboards to relocate but would still allow upgrades to digital versions of existing signs in place.
Councilmember Miller moved to adopt Council Bill 25-1000 (the repeal). Roll call resulted in the measure failing with two votes in favor and four against. Later the council took up Council Bill 25-1001, which would add variance language to 15.50.400C. After a motion to adopt, council approved the variance ordinance by roll call (four yes, two no). The ordinance as adopted directs that an applicant for relocation may request a variance from the restrictions and that council will consider the variance request in the relocation hearing; a variance may be granted only after findings that undue hardship exists due to site characteristics and that approval would not be contrary to the public interest or the sign-code purpose.
Council members debated process fairness for an applicant with a pending relocation application, estoppel and the city’s authority to change rules mid-process, and whether the variance route would subject the community to repeated variance requests in future years. Several council members urged allowing the existing application to proceed to a public hearing under the current code; others said the code as drafted needs additional work and favored repeal. After the votes, staff said the currently filed application under the present code would proceed to the scheduled Feb. 4 hearing; if the variance language is in effect it may be considered at the hearing.
The council’s action does not itself grant a relocation or a variance for any particular billboard. Any specific relocation or variance request will be considered in a public hearing with findings required to support a variance.
