Board approves variance to raise Black Canyon Highway billboard after ADOT sound wall reduced freeway visibility
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Summary
The Board of Adjustment approved a variance to increase a legally nonconforming billboard's size and height after ADOT constructed a sound wall that blocked views from I-17; staff and neighbors raised scenic-corridor concerns but the board approved the request 4-0.
The Maricopa County Board of Adjustment voted 4-0 to approve a variance that will allow an existing legally nonconforming billboard near Black Canyon Highway to be enlarged and raised so it can again be seen from Interstate 17 after a new ADOT sound wall blocked freeway views.
Joel, the county planner, told the board the billboard had been permitted in 2013 to face Black Canyon Highway and that a 2021 zoning text amendment made it legally nonconforming within a scenic corridor. Joel recommended denial of expansion. The applicant's attorney, Bill Allison, representing Lamar Advertising and property owner M and J Group LLC, said the sign “functioned very well from the time it was erected in 2014 until late 2024” and that construction of the ADOT sound wall had removed visibility from the freeway. Allison asked the board to restore functionality by increasing the sign face to 672 square feet and the overall height to 70 feet so portions of the sign would again be visible from I-17.
Staff highlighted the ordinance changes and the county’s scenic-corridor policy and pointed to legislative options, including a special-use-permit process for alterations to legally nonconforming billboards. Joel and Darren discussed how prior interpretations tied permitting to street orientation and how the 2021 text amendment removed orientation as a justification for clustering. Allison countered that ADOT’s permit records listed the route as I-17 and that the board should consider the effect of forces beyond the property owner's control.
Board members debated remedies. Some members said the property owner had been harmed by actions outside the owner's control and that a larger, taller sign without illumination would be a reasonable option to restore function. Member Clapp moved to approve BA250006 subject to the conditions in the staff report; the motion passed 4-0. The board noted the applicant retains the option to pursue a special use permit for relocation or other legislative entitlements if desired.
ACTIONS AT MEETING: BA250006 variance to increase billboard size and height was approved by roll-call vote 4-0. The approval included conditions from the staff report; board members also noted the applicant may pursue a special-use-permit alternative.
PROVENANCE: Staff presentation and legal background (s=2562.28–2678.98); applicant presentation and video evidence (s=3067.4202–3472.2698); board discussion and motion/vote (s=3761.635–4065.8052).