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Erlanger Board denies variance request to double detached sign size at 3140 Dixie Highway
Summary
The Erlanger Board of Adjustment on June 22 denied a request to replace a 25 sq ft detached sign with a 59.4 sq ft sign at 3140 Dixie Highway, concluding the proposal would unreasonably circumvent zoning regulations; the vote was 3–0.
The Erlanger Board of Adjustment voted 3–0 on June 22 to deny a variance that would have allowed a detached principal sign at 3140 Dixie Highway to increase from the 25-square-foot maximum under the city zoning ordinance to a proposed 59.4 square feet.
Staff presented the application filed by Avery Signs on behalf of K E B Real Estate Holdings LLC and explained that the site, an outparcel fronting a Kroger and currently occupied by a Jimmy John’s, sits in the community commercial (CC) zone. Connor Hannah, a summer planning intern with BDS, told the board the existing sign and proposed replacement would be installed in the same location and that the ordinance permits one detached principal sign per street frontage with a maximum area of 25 square feet. "Staff is providing an unfavorable recommendation on the variance request," Hannah said, concluding the request would "allow an unreasonable circumvention of the zoning ordinance." The staff report noted no special circumstances or unnecessary hardship that would justify a variance under KRS 100-243.
The applicant’s representative, Kayla Rodenberg of Alvey Signs, said the new sign would keep the same overall height (30 feet) by installing a wind-bearing pole with a wider shaft and deeper footing; she told the board the pole replacement would require digging "5 ft 9 in" and would slightly widen the sidewalk footprint but would not change the sign’s overall elevation. Proponent Michael Rupert told the board the new signage "really brightens up the area" and argued the sign would be more visible from the roadway than photos suggest.
Planning staff and the board discussed whether pole height and historical nonconforming signs along Dixie Highway affect the analysis. Kayla Barber, associate planner with PDS, noted there are a number of older, legal nonconforming signs in the corridor and that Erlanger adopted zoning updates (Z21) in 2021 aimed at unifying sign standards. Staff clarified that the ordinance still allows a 30-foot overall height, but the requested increase in sign face area would not meet the variance criteria because the applicant is not deprived of reasonable use under existing standards.
After board discussion, a member moved to deny the variance "based on the facts and considerations contained in the staff report and the testimony of staff and witnesses present at the public hearing," finding the request did not meet the KRS 100-243 criteria. The motion was seconded and approved by roll call vote 3–0. The variance request was denied; no alternative conditions or continuances were adopted.
The board’s action leaves the existing 25-square-foot sign in place; staff noted that any future changes to signage would still require building and zoning permits and must conform to ordinance standards.
