DeKalb County BZA approves variance for digital billboard with conditions

The DeKalb County Board of Zoning Appeals on [date not specified in transcript] approved a development standards variance allowing Digital 1 LLC to install a digital, off-premise billboard along State Road 3, subject to conditions and required state and county clearances.

Planning staff introduced petition 25-11 and described the proposed sign as a 10-by-36-foot face (about 360 square feet) on vacant land owned by Donna Griffiths near the intersection of State Road 3 and State Road 205. The company sought a reduction of the county setback to 60 feet from the state right-of-way and asked the board to allow electronic/video-capable imagery that the Unified Development Ordinance currently prohibits.

Brian English, attorney for the applicant, told the board his firm had submitted the required application to the state highway authority and expected a state review to take "a month to a month and a half." He said any local permits would be contingent on receiving that approval. "We submit our application... Generally, it takes them a month to a month and a half to approve it," English said.

Board members questioned how advertising content would be screened. English said the company does not maintain written content guidelines but generally markets to local businesses and seeks to reflect community standards. The board discussed legal limits on regulating speech on private advertising, with staff noting federal and constitutional protections constrain local regulation.

Staff read proposed findings that included jurisdictional notices and interagency referrals, and recommended approval with conditions: the board retain continuing jurisdiction, require compliance with the Unified Development Ordinance (Article 5 references cited in staff findings), prevent obstruction of off-site drainage, and require written evidence of compliance with county boards and any applicable state or federal agencies before issuing certificates of occupancy. Staff also noted a related regulated-drain variance (Harvey Guthrie Open Ditch, 181-00-0) must be recorded prior to permit issuance.

An unidentified member moved to approve the variance and the motion was seconded. Roll-call votes recorded 'yes' from Roy Walker, Andrew Provines, Wayne Funk, Jason Carnahan and Frank Palver; the board approved the request with the staff’s listed conditions and the contingency that no county permits will be issued until the state agency authorizes the sign.

Planning staff asked the applicant to submit local permit paperwork to start county processing; the applicant agreed to do so. The board’s approval allows the variance but does not remove the requirement that the applicant obtain the necessary state permissions before county permits are finalized.

The board’s action ends the local review step for petition 25-11. Any final permits and construction must follow the conditions noted by staff and state approvals required by the relevant highway authority.