Billboard operators press council over sign language; staff promises clarification in Phase 2

Several outdoor advertising companies spoke at the Feb. 2 Missoula City Council hearing to urge changes to Article 4.14 of the proposed Unified Development Code. Representatives argued that the posted language could be interpreted to require removal of existing nonconforming billboards following annexation or rezones — an interpretation they said would amount to a regulatory taking of private property.

Ally Carly of Lamar Advertising thanked staff for engaging stakeholders but asked the council to clarify or remove the line that could be read to require removal of billboards when properties are annexed or rezoned. Eric Sweet (Lamar) and Jessie Hyatt (Lamar local sales rep) said billboards represent locally sold advertising and local business revenue and that the code as written risked undermining local small-business advertising.

Staff acknowledged the concern and said the language in question largely carried over from Title 20 and that their interpretation has historically been that an existing use would not be disallowed due to a city-initiated zoning change. "Our interpretation of this section has always been that it would require the removal of existing billboards only if a property owner petitioned to annex into the city or rezone their parcel, not as a result of a city initiated rezone, which is what's occurring now," staff said. Staff committed to clarify the text early in Phase 2 and to meet with the billboard companies to work on the fix.

Council passed related amendments and retained the general sign chapter within the UDC while asking staff to provide clear language and guidance on how nonconforming, existing billboards will be treated following zoning changes. Billboard companies remain engaged and have offered to collaborate on drafting clarifying language.