08.BA250070 BOA Staff Report

Report to the Board of Adjustment
Prepared by the Maricopa County Planning and Development Department
Case: 
BA250070 – Digital Billboard Conversion 
Hearing Date:
December 11, 2025
Supervisor District:
5
____________________________________________________________________________________________
Applicant: 
Andrew Yancy, Bergin, Frankes, Smalley & Oberholtzer, PLLC
Property Owner:
DNZ Holdings LLC
Request:
Variance to the development standard of the Maricopa County Zoning 
Ordinance to permit:
 
Proposed separation distance of 421’ for a digital billboard from a freeway 
– to accommodate static billboard conversion to a digital billboard located 
fewer than three miles from the boundary of an incorporated city – where 
the maximum permitted separation is 300’ per MCZO 1403.3.1.J.ii. 
Site Location:
APN 104-72-003L @ 6024 W. Southern Ave. – northeast of Southern Ave. 
and  Loop 202 South Mountain Fwy., in the Laveen area
Site Size:
239,020 sq. ft. 
Current Use / Zoning:
Dairy Facility / IND-3 
Open Violation:
None
Background:
1.
May 15, 2014: Parcel obtained by current ownership. 
2.
July 26, 2019: Plan of Development noting location of an illuminated static billboard with case 
Z2019048.
3.
December 19, 2019: Board of Adjustment approved BA2019050 for an increase in height and sign 
size for the illuminated static billboard.
4.
May 5, 2020: Building permit issued for the double sided illuminated static billboard. 
5.
October 31, 2025: Application received for BA250070 to allow a digital billboard further than 300’ 
from a freeway.
Existing On-Site and Surrounding Zoning/Land Use:
6.
On-site:
IND-3 with POD / Dairy Facility and static billboard 
North:
IND-3 / vacant - Undeveloped
South:
Southern Ave. then S-1 / Vacant farm – Undeveloped (City of Phoenix)
East:
IND-3/ Concrete Plant

Page 2 of 9
West:
IND-3 /  vacant land, Loop 202 
Variance Request:
7.
The applicant is requesting to amend the development standard for off-site advertising signs 
(billboards) to convert the existing static billboard to a digital sign separated 421’ from a freeway 
where MCZO 1403.3.1.J. permits a maximum 300’ separation:
J. General provisions applicable to digital billboards: 
1. 
Digital billboards shall be permitted if: 
i. Located fewer than 3 miles from the boundary of an incorporated city or town. 
ii. If within 300 feet of and oriented towards an existing freeway’s main travel lanes as 
classified by Maricopa County as of December 15, 2021.”
The regulation allows digital billboards located fewer than three miles from the boundary of a city 
or town if also located within 300’ of and oriented towards a freeway’s main travel lanes. The 
existing billboard location is 421’ from Loop 202, and does not comply with MCZO 1403.3.1.J.ii. 
The existing static billboard was originally identified on the Plan of Development (POD)  with case 
number Z2019048. Shortly after the POD approval a variance case was approved with case 
number BA2019050 to allow an increase in sign face area from 300 sq. ft. to 672 sq. ft. and 
increased height from 30’ to 57’ (28’ above freeway grade). Arguably the previous variance 
approval viewed this billboard as oriented to a freeway thus the increased sign size and height 
above freeway grade. 
Excerpt from proposed site plan

Page 3 of 9
Images provided by applicant – Distance showing 421’ from Loop 202 to billboard and 416’ from Loop 202 northbound travel 
lane to property line. 
Image provided by applicant showing distances to edge of billboard and property line.

Page 4 of 9
Image provided by applicant showing ADOT property and elevation changes with billboard grade.
Site Analysis:
8.
The site is utilized as an  industrial property approximately 5.4 acres in size for a dairy facility and 
static billboard facing Loop 202. The parcel is flat and contains no significant physical features 
with a main activity structure located to the east of the parcel. The Loop 202 freeway borders the 
parcel to the west. Industrial zoned parcels are located to the north and east. A City of Phoenix S-
1 (farming) vacant parcel exists to the south. The existing static billboard is in the northwest 
corner of the property which was erected around the same time the freeway was constructed in 
2019-2020.
Aerial photo of subject site

Page 5 of 9
Aerial image & surrounding environs

Page 6 of 9
Zoning District map
Zoning District Standards:
9.
The following table is included to illustrate and contrast the standards for the underlying zoning 
district with those proposed by the owner (Note: changes to proposed standards are indicated in 
bold).
Standard
IND-3
Zoning 
District
Proposed with 
Variance
Min. Front Yard Setback (Southern property line) 
20-feet
n/a
Min. Rear Yard Setback (North property line)
0-feet
n/a
Min. Side Yard Setback (residence to east/west property line)
0-feet
n/a
Maximum Height 
40-feet
n/a
Minimum Lot Area
6,000-sq. ft.
6,000-sq. ft.
Minimum Lot Width
60-feet
60-feet
Lot Coverage
60%
60%
Digital billboards shall be permitted if within 300 feet of and 
oriented towards a freeway’s main travel lanes
300-feet
421-feet

Page 7 of 9
State Statute / County Zoning Ordinance Tests - ARS § 11-816.B.2 and MCZO Article 303.2.2 states the 
Board of Adjustment may, “Allow a variance from the terms of the ordinance if, owing to peculiar 
conditions, a strict interpretation would work an unnecessary hardship and if in granting the variance the 
general intent and purposes of the zoning ordinance will be preserved.” 
10.
Statutory Test -1 Does the applicant’s property contain any peculiar condition– Discuss and 
explain what is/are the peculiar conditions facing the property and include reference to the 
Maricopa County Zoning Ordinance Regulations or Development Standards to be varied.  
“DNZ Holdings, LLC, (“Applicant”) requests a variance that would allow an existing two-sided 
static offsite advertising sign (“Sign”) immediately adjacent to the Loop 202 right-of-way (“ROW”) 
to convert to a digital display on property within the IND-3P zoning district at the northeast corner 
of Southern Avenue and the 202 South Mountain Freeway in the Laveen area, Maricopa County 
Assessor’s Parcel No. 104-72-003L (“Property”). Maricopa County Zoning Ordinance (“MCZO”) 
Section 1403.3.1.J.1.ii permits digital display technology only for billboards on commercially or 
industrially zoned property within 300’ of a freeway’s main travel lanes. The Property is zoned 
IND-3, and the Sign is within five feet of ADOT’s ROW; however, because a freeway entrance ramp 
and a large retention basin for regional drainage flowing to the Salt River (“Retention Basin”) 
create 421’ of separation between the Sign and the freeway’s main travel lanes, digital conversion 
is not permitted without this variance. See Figure 1 below.
The combination of the Retention Basin and entrance ramp separating the Property from the 
freeway’s main travel lanes by over 400’ is peculiar to this Property and is not typical of other 
commercial or industrial parcels along the freeway corridor. In fact, a variance was approved in 
2019 (BA2019050) for additional height and sign face area for the Sign under a previous version 
on the MCZO based in part on the same peculiar condition of the Property’s distance from the 
freeway main travel lanes. 
The proposed use of the Property is to continue an existing off-site “V”-shaped advertising sign 
use and convert it from static to digital. Without a variance, the Sign would be precluded from 
converting to a digital display because of the uniquely extensive ROW distance. Granting the 
variance allows conversion of the Sign to digital, consistent with the intent of the Ordinance, while 
addressing the peculiar conditions unique to this Property. Digital technology provides superior 
clarity and vital public messaging capabilities, benefits that cannot be realized without the 
requested relief. The Sign would remain the same in all other ways, and no other variances from 
the MCZO are requested.”

Page 8 of 9
11.
Statutory Test 2 – Does applying the requirements of the Ordinance to the applicant’s property 
create an Unnecessary Hardship – Explain how the peculiar condition identified in #1 causes an  
unnecessary hardship to the property when the requirements of the Maricopa County Zoning 
Ordinance are applied.  Explain how the that the peculiar condition of the property came to be and 
whether the condition was created by the applicant or someone in the property’s line of title. 
Explain the proposed use of the property with the variance request. Identify and explain all 
peculiar conditions on your property in regard to the following areas: slope, narrowness, 
shallowness, irregular shape, location, washes, vegetation, and easements, etc. Explain how 
enforcement of the Zoning Regulations or Development Standards would impose a hardship on 
the property.
“The peculiar condition of the Property creates an unnecessary hardship under the existing 
standards of the Ordinance. The Sign is separated from the freeway travel lanes by the large ADOT 
owned Retention Basin and entrance ramp. Because of these physical constraints, strict application 
of Section 1404.3.3.1.J’s 300’ maximum separation would prevent the Property from converting the 
existing off-site “V”-shaped Sign to digital, thereby eliminating a use permission. This hardship is 
not self-created. The Property owner has no control over the Retention Basin or the freeway ROW. 
These conditions make strict enforcement of the Ordinance particularly burdensome, creating an 
unnecessary hardship that is not the result of action taken by the owner.”
12.
Statutory Test 3 – General Intent and Purpose of the Zoning Ordinance – Discuss the purpose 
of the zoning requirement from which the variance is being sought. Then, discuss and explain 
how, provided statutory tests #1 and #2 are satisfied, the granting of the requested variance 
would preserve the general intent and purpose of the Zoning Ordinance.
“The requested variance to increase the allowable distance from a freeway from 300’ to 421’ 
reflects the closest feasible placement for the Sign given the intervening ADOT-owned Retention 
Basin and entrance ramp. The illuminated static billboard, which has existed at this location at the 
same freeway-orientation, height, and sign face area for more than five years, has operated without 
adverse impact on the intent or purpose of the MCZO. The requested variance seeks only to convert 
the Sign to digital, a use expressly permitted under the Ordinance. This conversion will not harm 
the Ordinance’s objectives; instead, it enhances them by improving clarity, safety, and utility for both 
advertisers and public messaging. A digital display delivers sharper images that increase legibility 
at freeway speeds, while also allowing immediate updates for emergency alerts and public service 
announcements.”
Findings: 
13.
The applicant has the burden of proving to the Board that, in accordance with the standard set 
forth in ARS §11-816.B.2 and MCZO Article 303.2.2, the property requires a variance. To grant the 
relief, the applicant must prove, and the Board must find and identify, a physical condition of the 
applicant’s property that is peculiar and not common to the area or the universe of the zoning 
district. Also, any such peculiarity must not have been created either by the applicant or anyone 
in the chain of title. If the Board determines that there is no such peculiar physical condition, its 
inquiry stops, and the application must be denied.
If the Board identifies a peculiar physical condition of the applicant’s property which is not self-
imposed, then the applicant must prove, and the Board must find and identify, an unnecessary 
hardship imposed upon the property due to the strict application of the requirements of the zoning 
ordinance which the applicant wishes to have varied such that there is no viable use of the 
property without the variance.

Page 9 of 9
If the Board identifies a peculiar physical condition of the property which is not self-imposed, and 
that in applying the requirements of the zoning ordinance to the property, because of the peculiar 
physical condition, an unnecessary hardship exists, the applicant must prove, and the Board must 
find and identify, how the granting of the variance will preserve the general intent and purpose of 
the zoning ordinance.
In order to approve the variance the Board must make findings and articulate them in motion 
memorializing the above.  
14.
Based upon what the applicant has submitted and the staff analysis in this report, staff offers the 
following positive and/or negative observations the Board may consider in its findings:
•
Staff cannot identify any requirement of the current Ordinance that, when applied to 
peculiar conditions, has created an unnecessary hardship. A previous variance was issued 
to increase allowed height and size. 
•
Previous Board of Adjustment determinations have shown the board to be freeway 
adjacent and utilized and eligible for enhanced board requirements.  
15.
And further, if the Board finds the applicant has satisfied the statutory test, and has stated its 
findings on the record, the grant of this variance will memorialize the following:
a)
Variance approval permits a maximum 421’ separation distance for the proposed 
digital billboard from the main travel lanes of the Loop 202 freeway  for APN 104-72-
003L
Presented by:
Andrew Lorentzen, Planner
Reviewed by:
Darren V. Gérard, AICP, Planning Manager 
Attachments:
Case Map (1 page)
Application (1 page)
Narrative (13 pages)
Supplemental Questionnaire (3 pages)
Site Plan (1 page)

/
Maricopa County Planning & Development - Phoenix, AZ
5
Gross Acres: 5 approx.
Generated November 20, 2025 10:39 AM
BA250070
Application Name:
Legal Description
Digital Display Conversion on Off-Site Advertising Sign
Applicant
Case Address
Walter Gay
6024 W SOUTHERN AVE
Applicant Phone/Email
Parcel Primary:104-72-003L
(414) 690-2368
wgay@bfsolaw.com
LAVEEN, AZ 85339
Map scale 1:1,733
Supervisor District No.
Variance to allow for Digital Billboard Conversion

MAR~~COPA 
COUNTY 
Is this Design Build? □Yes 
VARIANCE/ INTERPRETATION 
APPLICATION 
ALL FEES ARE DUE AT TIME OF APPLICATION AND ARE NON-REFUNDABLE 
~No 
Is this Residential? □Yes Ii] No 
Please select the type of Board of Adjustment application from the checkboxes below. 
D Residential Variance 
I Iii Non-residential Variance 
I □ Interpretation 
I □ BA Blanket Variance 
Is this subject property within an area of 15% or greater hillside slopes? Yes D 
No Ii] 
REQUEST 
Description of Request: 
Permit a digital billboard subject to freeway.adjacent standards within 430 feel of the main travel lanes or a freeway. 
Existing Zoning District and Use of Property: IND-3p, Industrial 
Related Case Number(s): 
LU20140073 22019048 BA2019050 
PROPERTY INFORMATION 
Address (if known): 
6024 W Southern Ave, Laveen Village, AZ 85339 
General Location (include nearest city/town): 
Northeast corner or Loop 202 and Southern 
Size in Acres: 
5.49 
Square Feet: 
239.020 
Legal Description: 
Section: 
30 
Township: 
IN 
Range: 
2E 
Assessor's Parcel Number(s): 
104-72-003L 
Subdivision Name (if applicable}: 
APPLICANT INFORMATION 
Name: 
Bergin, Frakes, Smalley & Oberholtzer. PLLC ("BFSOM) 
Contact: 
Andrew Yancey 
Address: 
4343 E Camelback Rd Ste 210 
City: 
Phoenix 
State: 
Arizona 
Zip: 
85018 
Phone#: 
(602) 899-0217 
Fax#: 
E-mail Address: 
ayc1ncey@bfsolaw.com 
PROPERTY OWNER INFORMATION 
Name: 
DNZ Holdings. LLC 
Contact: 
Kevin Danzeisen 
Address: 
6829 W Broadway Rd 
City: 
Phoenix 
State: 
AZ 
Zip: 
85043 
Phone#: 
Fax#: 
E-mail Address: 
PROPERTY OWNER AND APPLICANT AUTHORIZATION 
I (property owner) 
Kevin Danzeisen 
authorize (applicant's name) 
BFSO 
to file this application on all matters relating to this request with Maricopa County. By signing this form as the property owner I hereby agree to 
abide by any and all conditions that may be assigned by the Maricopa County Board of Supervisors, Maricopa County Planning and Zoning 
Commission, or Maricopa County Planning and Development Department staff as applicable, as part of any approval of this request, including 
conditions, development agreements, and/or any other requirement that may encumber or otherwise affect the use of my property. 
PROPOSITION 207 WAIVER - Signature required 
The property owner acknowledges that the approval being sought by this application may cause a reduction in the existing rights to use, 
divide, sell or possess the private property that is the subject of this application. The property owner further acknowledges that it is t he 
property owner who has requested the action sought by the filing of this application. Therefore, with full knowledge of all rights granted to 
the property owner pursuant to A.R.S.§1 §12-1132 through 1138, the property owner does hereby waive any and all c laims for diminution in 
value of the property with regard to any action taken byy z· 
?~ounty as result of the filing of this application. 
i -..l,£ 
Property Owner Signature: 
~ 4 
-
Date: 
1, -
I 
,, 
INSPECTIONS 
By submitting this application, I am inviting County staff to conduct all site inspections they deem necessary. 
VERIFICATION OF APPLICATION INFORMATION • Signature required 
I certify that the statements in this application and support material are true. Any approvals or permits granted by Maricopa County in reliance 
upon the truthfulness of these statements may be revoked oz~cin d. 
Owner or Authorized Agent Signature: 
./2 
,.,... 
Date: 
f -t->--s-
ARS § 1605 TIMEFRAME EXTENSION 
✓ ... 
I authorize a 50% timeframe extension for the review of my application as adopted by the Board of Supervisors per ARS § 1605 and as 
amended. 
Property Owner Signature: 
Date: 
-
------ ~~-------
Planning & Development Department 
301 W. Jefferson St., Suite 170 Phoenix, Arizona 85003 
P: 602. 506. 3301 
Variance Application 
Packet 1 2/1 /23

Variance Application Narrative 
Submittal Date: 
October  31, 2025 
 
Subject Property: 
6024 West Southern Avenue 
(Maricopa County Assessor’s Parcel No. 104-72-003L) 
 
 
 
Variance Requested: 
 
1.) To extend the maximum required distance of a digital off-site sign from the main travel lanes of a 
freeway from 300’ to 421’ to permit digital display technology on a freeway-adjacent sign.  
(Maricopa County Zoning Ordinance Section 1404.3.1; 1403.3.1.J.1.ii) 
 
Submitted to: 
Maricopa County 
Planning & Development Department

1 
I. 
Purpose of Request 
DNZ Holdings, LLC, (“Applicant”) requests a variance that would allow an existing two-sided 
static off-site advertising sign (“Sign”) immediately adjacent to the Loop 202 right-of-way (“ROW”) to 
convert to a digital display on property within the IND-3P zoning district at the northeast corner of 
Southern Avenue and the 202 South Mountain Freeway in the Laveen area, Maricopa County Assessor’s 
Parcel No. 104-72-003L (“Property”).  Maricopa County Zoning Ordinance (“MCZO”) Section 
1403.3.1.J.1.ii permits digital display technology only for billboards on commercially or industrially 
zoned property within 300’ of a freeway’s main travel lanes.  The Property is zoned IND-3, and the Sign 
is within five feet of ADOT’s ROW; however, because a freeway entrance ramp and a large retention 
basin for regional drainage flowing to the Salt River (“Retention Basin”) create 421’ of separation between 
the Sign and the freeway’s main travel lanes, digital conversion is not permitted.  See Figure 1 below.  As 
a result, this variance is necessary to permit the Sign the same right to convert to a digital display that is 
enjoyed on other industrially zoned properties adjacent to freeways under the MCZO.  No other variances 
from the MCZO are requested.   
Figure 1 – Illustrated Comparison of the Sign and Adjacent Freeway

2 
 
II. 
The Property and the Sign 
The Property is located at the northeast corner of Southern Avenue and the 202 South Mountain 
Freeway in the IND-3P zoning district.  It is partially developed with the Danzeisen Dairy bottling plant 
and creamery store.  The Sign is situated on the undeveloped western portion of the Property nearest the 
freeway.  See Figure 2.  It is a double-sided static billboard in a V-shaped configuration with top-lighting.  
It is also located toward the Property’s northern boundary in order to avoid conflict with an existing 
freeway entrance sign and utility pole along Southern Avenue adjacent to the southwest corner of the 
Property.  The Property is immediately south of the Salt River with no intervening development to the 
north.  As a result, ADOT’s adjacent freeway ROW contains the large Retention Basin, which is a 
downstream component of a broader drainage system in the area carrying flows to the river. 
Figure 2 – Aerial of Property

3 
 
Although the Property is adjacent to the freeway ROW, the Retention Basin and entrance ramp in 
ADOT’s ROW cause a 416’ separation from the Property boundary to the freeway’s travel lanes with no 
private property intervening.  The Sign face is five feet within the Property boundary, creating an overall 
421’ distance from the Sign to the freeway main travel lanes.  See Figures 3 and 4 below.  In particular, 
the Property boundary is located 179’ from the far edge of the Retention Basin.  This large basin is needed 
to convey drainage from the surrounding area to the Salt River to the north.  Then, the freeway main travel 
lanes are located 237’ from the edge of the Retention Basin due to a freeway entrance ramp and 
embankment needed to build up to the elevated freeway.  The extensive ROW distance at this location is 
not common to other similar situated properties located along 202 Freeway. 
 
Figure 3 – Photo Looking North at the Retention Basin from Southern Avenue 
 
 
 
Figure 4 – Aerial Showing Distance Between Sign and Freeway Main Travel Lanes

4 
 
III. Sign Entitlement History 
In 2019, the County approved a POD amendment for the Property (Case No. Z2019048) (“POD 
Amendment”) to permit an off-site static advertising sign at the northwest corner of the Property.  
Following that approval, a variance (BA2019050) was requested to allow additional sign face area and 
height under a previous version of the MCZO’s off-site sign provisions.  That variance was approved in 
December 2019, increasing the Sign’s height from 30’ to 57’ above base grade (28’ above freeway grade) 
and its area from 300 sf to 672 sf.  In that variance proceeding, the Property’s extensive distance from the 
main travel lanes caused by the Retention Basin and entrance ramp within the ROW were considered as 
a peculiar condition.  While the current variance request would grant different relief than the approved 
2019 variance, the peculiar condition of the extensive ROW between the Property and the freeway main 
travel lanes remains the same.  A second POD amendment was approved in 2020 with the increased height 
and size. 
   
IV. Relationship to Surrounding Area 
The surrounding area is primarily industrial and undeveloped with some rural and residential 
districts in the general vicinity.  Immediately to the north is a parcel zoned IND-3 and undeveloped public 
land, including the Salt River. Another parcel zoned IND-3 is immediately to the east.  Across Southern 
Avenue to the south is a parcel zoned S-1 and C2-SP1 in the City of Phoenix.  To the west is the Loop 202 
South Mountain freeway.  A surrounding area zoning map is included as Figure 5, and adjacent zoning is 
summarized in Table 1. 
Figure 5 – Surround Area Zoning Map 
 
 
Table 1 – Adjacent Uses 
Direction 
Use 
Zoning 
North 
Vacant 
IND-3 
East 
Outdoor storage 
IND-3 
South 
Agriculture 
C2-SP1 and S-1 (City of 
Phoenix) 
West 
Loop 202 South Mountain 
N/A

5 
 
V. 
Proposed Sign 
The proposed Sign will be identical to the existing Sign, except that it would employ digital 
technology instead of a static face with top lighting.  It will be in the same location, with the same height 
and sign face area oriented toward the Loop 202 freeway in a two-sided V-shaped configuration.  The 
overall height will actually decrease by four feet due to removal of the top lighting.  A variance for height 
and sign face area was already approved for the Property in 2019.  Subsequent to that approval, the County 
amended the MCZO to revise several billboard standards, permitting digital displays and increasing 
allowable height and size for freeway-oriented signs.  The proposed variance from the MCZO’s required 
300’ distance to freeway travel lanes will permit the Sign to convert to digital technology consistent with 
other billboards on freeway-adjacent property in commercial and industrial districts.   
The proposed conversion to digital – while maintaining all other aspects of the Sign – will not 
increase any potential impacts to surrounding properties.  In fact, this conversion will result in an overall 
benefit.  First, it creates a cleaner image that is more easily read by passing drivers.  It also accommodates 
changing the message in eight-second intervals, which allows a broader array of business and public 
interests to afford advertising.  The digital display also permits dissemination of emergency messaging, 
including AMBER alerts, severe weather warnings, and traffic safety information.  In fact, the MCZO 
requires digital billboards to display emergency messaging, which would not be possible with a static 
billboard.  The digital display also improves light trespass mitigation.  Instead of top lighting, the sign will 
use diodes with protective louvres that limit light trespass by directing the display to the intended viewers 
on the roadway and shielding unwanted spillage.  State statute and the MCZO limit nighttime illumination 
to a maximum of 300 nits and require the display be shutoff off after 11:00pm until sunrise. 
 
The IND-3 zoning district on the Property allows for an off-site digital advertising sign as a 
permitted use subject to certain criteria under MCZO Section 1403.3.1.  As described in Table 2 below, 
the Sign will meet those criteria, except that it cannot be located within 300’ of the freeway’s main 
travel lanes because of the Retention Basin and entrance ramp.  As such, the variance is necessary to 
enjoy the rights of other similarly situated industrial property adjacent to freeways in the County.   
 
Figure 6 – Looking North from Southern Avenue at Sign, Retention Basin, and Freeway

6 
 
Table 2 – MCZO Criteria for Off-Site Advertising Sign in the IND-3 District 
MCZO Criteria 
The Sign Meets the Criteria 
§ 1403.3.1.A.1.a.: Separation Distance: When either an 
existing or proposed static or digital billboard is located 
3 miles or greater from the boundary of any 
incorporated city or town, it shall maintain a radial 
separation distance from any other static or digital 
billboard of 3,000 feet. Measurement shall be from the 
vertical edge of the sign face closest to the sign face of 
the structure to which is being measured.  Measurement 
shall not cross any freeway 
This provision is not applicable because the 
Sign is located within three miles of the City  
of Phoenix boundary, and the nearest off-site 
sign is located across the freeway. 
§ 1403.3.1.A.1.b.: Separation Distance: When either 
an existing or proposed static or digital billboard is 
located fewer than 3 miles from the boundary of any 
incorporated city or town, it shall maintain a radial 
separation distance from any other static or digital of 
1,000 feet.  Measurement shall be from the vertical edge 
of the sign face closest to the sign face of the structure 
to which is being measured.  Measurement shall not 
cross any freeway. 
The Sign is not located within 1,000 feet of 
any other static or digital off-site signs along  
the same side of the Loop 202 freeway.  The 
nearest off-site sign is located across the 
freeway.  
§ 1403.3.1.B.1.: No billboard shall be erected located 
within 100 feet of any residential zoning district 
boundary or a parcel boundary of a residential use in a 
rural zoning district, whether or not separated by a 
public right-of-way. 
The Sign is not within 100 feet of any 
residential zoning district boundary or a parcel 
boundary of a residential use in a rural district, 
whether or not separated by a public right-of-
way.  
§ 1403.3.1.B.2.: No illuminated or digital billboard shall 
be located within 150 feet of a residential zoning district 
boundary or a parcel boundary of a residential use in a 
rural zoning district (refer to Chapter 11, Section 1112). 
The Sign is not within 150 feet of any 
residential zoning district boundary or a parcel 
boundary of a residential use in a rural zoning 
district. 
§ 1403.3.1.B.3.: No billboard shall be located within 
500 feet of any park, school or roadside rest area. 
The Sign is not located within 500 feet of   
any park, school or roadside rest area. 
§ 1403.3.1.C.: No billboard(s) shall have features that 
emit sound or be audible in any manner. D. No 
billboard(s) shall be located in or within 660 feet of a 
Scenic Corridor Overlay Zoning District. E. No 
billboard(s) shall be located on any property located 
within any Maricopa County Scenic Corridor. 
The Sign is not audible in any manner. 
§ 1403.3.1.D.: No billboard(s) shall be located in or 
within 660 feet of a Scenic Corridor Overlay Zoning 
District. E. No billboard(s) shall be located on any 
property located within any Maricopa County Scenic 
Corridor. 
The Sign is not located in or within 660 feet 
of a Scenic Corridor Overlay Zoning District. 
§ 1403.3.1.E.: No billboard(s) shall be located on any 
property located within any Maricopa County Scenic 
Corridor. 
The Sign is not located on any property 
located within any Maricopa County Scenic 
Corridor.

7 
 
§ 1403.3.1.F.2.: Static and Digital Billboards located 
within 300’ of an existing freeway Shall be limited to 
48’ (not to exceed 70’)  above elevation of the main 
travel lanes of a freeway and 672 sf in sign face area.   
The Sign is currently 57’ in height above base 
grade (and 28’ above freeway travel lanes), 
which will be reduced by four feet, once top 
lights are removed as part of the digital 
conversion.  The Sign will continue to have 
672 sf of sign face area.  
§ 1403.3.1.G.: A billboard may be double-faced or “V” 
shaped, provided the “V” shape is designed so that there 
is no greater than fifty-four (54) inches between faces at 
the apex and the angle between the faces of the sign is 
no greater than 45 degrees. 
 
The Sign is a “V” shaped sign and is designed 
to meet the apex and angle requirements.  
§ 1403.3.1.H.: Any modifications to a billboard within 
the Military Airport and Ancillary Military Facility 
Overlay Zoning District shall require a new Use 
Compatibility and Consistency Determination (UCCD) 
pursuant to Section 1010. 
This provision is not applicable because the 
Sign is not within a Military Airport and 
Ancillary Military Facility Overlay Zoning 
District. 
§ 1403.3.1.I.: All lighting shall adhere to Article 
1112.3.2 of the Maricopa County Zoning Ordinance. 
The Sign will adhere to Article 1112.3.2 of  
the Maricopa County Zoning Ordinance. 
 
VI. The Requested Variance Meet the Legal Test Under Arizona 
Revised Statutes Section 11-816 B.2 and MCZO Section 303.2.2 
The requested Variance is to extend the required distance from main travel lanes in MCZO Section 
1403.3.1.J.1.ii from 300’ to 421’ to allow the Sign to convert to a digital display, consistent with other 
freeway-adjacent properties in the IND-3 zoning district.  The 2019 variance already approved the Sign’s 
672 sf sign face area and 57’ in height above base grade (28’ above freeway grade), and no other variances 
are requested.   
Arizona Revised Statutes Section 11-816 B.2 provides that “[t]he Board of Adjustment may allow 
a variance from the terms of the Ordinance when, owing to peculiar conditions, a strict interpretation would 
work an unnecessary hardship, if in granting such variance the general intent and purposes of the zoning 
ordinance will be preserved.”  Similarly, MCZO Section 303.2.2 provides that the Board of Adjustment 
may “[a]llow a Variance from the terms of the Ordinance when, owing to peculiar conditions, a strict 
interpretation would work an unnecessary hardship, if in granting such Variance the general intent and 
purposes of the Ordinance will be preserved.  Under no circumstances shall there be granted a Variance 
to allow a use of property not permitted by the regulations for the zoning district in which such property 
is located or where such Variance is specifically prohibited within this Ordinance.” 
 
This request meets the variance test.  As set forth in more detail below, the Property boundary is 
416’ from the main travel lanes despite being freeway-adjacent, making it impossible for the Sign to be 
located within 300’ of the main travel lanes in order to convert to a digital display like other signs in 
commercial and industrial districts on freeway-adjacent property.  That peculiar condition was not caused 
by the property owner, and the Board of Adjustment already determined in the 2019 variance case that the 
Retention Basin and entrance ramp within the ADOT ROW create a peculiar condition for the Property 
with relation to the adjacent freeway.  This digital technology brings multiple benefits in terms of image 
clarity and availability of the advertising medium to private advertisers as well as public and emergency 
services.  Without the variance, the Sign will not be able to convert to a digital display.

8 
 
The Board of Adjustment Variance Supplemental Questionnaire sets forth specific tests for a 
variance that are addressed below. 
a. Please discuss and explain what is/are the peculiar condition(s) facing the property and 
include reference to the Maricopa County Zoning Ordinance Regulation(s) or 
Development Standard(s) to be varied. Explain the proposed use of the property with the 
variance request. Identify and explain all peculiar conditions on your property in regard 
to the following areas: slope, narrowness, shallowness, irregular shape, location, washes, 
vegetation, and easements, etc. Explain how enforcement of the Zoning Regulation(s) or 
Development Standard(s) would impose a hardship on the property. 
 
The Property is subject to peculiar conditions that distinguish it from other freeway-adjacent 
parcels and directly affects the application of the Ordinance.  Section 1404.3.3.1.J of the MCZO limits 
digital sign faces to signs within 300’ of freeway main travel lanes.  Unlike other industrial or commercial 
properties adjacent to freeway ROW, this Property is separated from the main travel lanes by a large 
ADOT ROW that includes a Retention Basin for regional drainage flowing to the Salt River and an 
entrance ramp.  These physical conditions result in the Sign’s separation of approximately 421’ from the 
closest travel lanes, as illustrated in Figure 7 below.  The combination of the Retention Basin and entrance 
ramp is peculiar to this Property and is not typical of other commercial or industrial parcels along the 
freeway corridor.  
 
Figure 7 – Aerial Showing Distance Between Sign and Freeway Main Travel Lanes 
 
 
 
The proposed use of the Property is to continue an existing off-site “V”-shaped advertising sign 
use and convert it from static to digital.  Without a variance, the Sign would be precluded from converting 
to a digital display like other billboards located next to the freeway on industrially zoned properties 
because of the peculiar condition of its over 400’ distance to the freeway main travel lanes caused by the 
uniquely extensive ROW distance.  Granting the variance allows conversion of the Sign to digital, 
consistent with the intent of the Ordinance, while addressing the peculiar conditions unique to this 
Property.  Digital technology provides superior clarity and vital public messaging capabilities, benefits

9 
 
that cannot be realized without the requested relief.  The Sign would remain the same in all other ways. 
 
b. Please explain the unnecessary hardship the peculiar condition(s) on the site create with 
respect to existing Regulation(s) and Standard(s) of the Maricopa County Zoning 
Ordinance. Please discuss and explain that the unnecessary hardship facing the property 
is not self-created in the line of title. 
 
The peculiar condition of the Property creates an unnecessary hardship under the existing 
standards of the Ordinance.  As previously described, the Sign is separated from the freeway travel 
lanes by the large ADOT owned Retention Basin and entrance ramp.  Because of these physical 
constraints, strict application of Section 1404.3.3.1.J’s 300’ maximum separation would prevent the 
Property from converting the existing off-site “V”-shaped Sign to digital, thereby eliminating a use 
permission. 
 
This hardship is not self-created.  The Property owner has no control over the Retention Basin 
or the freeway ROW.  These conditions make strict enforcement of the Ordinance particularly 
burdensome, creating an unnecessary hardship that is not the result of action taken by the owner. 
 
c. Please discuss and explain how the granting of the requested variance would not cause a 
negative impact on the general intent and purpose of the Zoning Ordinance. 
 
The requested variance to increase the allowable distance from a freeway from 300’ to 421’ 
reflects the closest feasible placement for the Sign given the intervening ADOT-owned Retention 
Basin and entrance ramp.  The illuminated static billboard, which has existed at this location at the 
same freeway-orientation, height, and sign face area for more than five years, has operated without 
adverse impact on the intent or purpose of the MCZO.  The requested variance seeks only to convert 
the Sign to digital, a use expressly permitted under the Ordinance.  This conversion will not harm the 
Ordinance’s objectives; instead, it enhances them by improving clarity, safety, and utility for both 
advertisers and public messaging.  A digital display delivers sharper images that increase legibility at 
freeway speeds, while also allowing immediate updates for emergency alerts and public service 
announcements.  Importantly, the digital technology limits light trespass by employing louvres that 
direct light from the diodes toward the intended viewers on the adjacent freeway. 
 
Additionally, the MCZO’s off-site sign provisions are designed to balance visibility and 
readability from freeways with protection of nearby properties from lighting, noise, and visual 
impacts.  This variance will maintain that balance, because the Sign will comply with all other 
requirements of MCZO to protect adjacent properties.  Further, the surrounding area is primarily 
industrial or publicly owned, with the nearest residences located over 1459’ away and separated by 
intervening industrial properties and the freeway. 
 
Digital billboards displays are allowed along freeways within the County and in other 
jurisdictions around the Valley.  This increase in maximum distance from freeway main travel lanes 
has also been approved in the County in other locations through variances or the UPD process.

10 
 
d. Provide evidence of the ability and intention to proceed with construction work within 120 
days (4 months) after Board of Adjustment decision. Discuss if there are building 
permit(s)or as-built permit(s) currently filed with Planning and Development Department 
and the current review status. Specify the permit number(s). If no permit(s) have been filed, 
please provide a timeline for building permit(s) submittal and projected timeframe for 
construction. Conversely, indicate if the variance request(s) is/are not related to a specific 
development proposal. 
 
If the variance is approved, the Applicant will amend the current Plan of Development and 
move forward with the digital billboard conversion. Building Permit submittals will be made within 6 
months. 
 
VII. Conclusion 
 
In conclusion, the requested variance meets the legal test by addressing the peculiar condition 
of the Property, specifically the over 400’ distance from the freeway’s main travel lanes.  This Property 
is immediately adjacent to ADOT ROW, yet it is saddled with extensive separation from the main 
travel lanes because of both the ADOT entrance ramp and a large Retention Basin that is the farthest 
downstream component of a regional drainage system that connects with the Salt River.  The variance 
is necessary to allow the digital conversion permitted to other signs adjacent to ADOT ROW in 
commercial and industrial districts in the County.  Strict enforcement of the Ordinance would prohibit 
this use.  Granting the variance remains fully consistent with the MCZO’s purpose, which authorizes 
digital displays for off-site signs in the IND-3 district.

11 
 
 
Attachment A

SOUTHERN  AVENUE
59TH AVENUE (ALIGNMENT)
DRAINAGE STATEMENT:  
PARCEL DESCRIPTION (DOC. 20140315979) 
SITE PLAN
BOULEVARD MEDIA COMPANY BILLBOARD
A PORTION OF THE SOUTHEAST QUARTER OF SECTION 30, TOWNSHIP 1 NORTH,
RANGE 2 EAST OF THE GILA AND SALT RIVER BASE AND MERIDIAN,
APN: 104-72-003L
MARICOPA COUNTY, ARIZONA
VICINITY MAP
DEVELOPER:
SITE DATA
CASE/TRACKING # 
OWNER:
CIVIL ENGINEER:
Call at least two full working days
before you begin excavation.
Dial 8-1-1 or 1-800-STAKE-IT (782-5348)
In Maricopa County: (602) 263-1100
Arizona Blue Stake, Inc.
UTILITY COMMITMENT TABLE
LEGEND
SITE
100' x 50' BILLBOARD LEASE AREA
BILLBOARD ELEVATION
Bowman Consulting Group, Ltd.
1600 N. Desert Drive Ste 210
Tempe, Arizona 85288
c    Bowman Consulting Group, Ltd.
Phone: (480) 629-8830
www.bowmanconsulting.com
SITE PLAN
BOULEVARD MEDIA COMPANY BILLBOARD
SOUTHERN AVE AND SOUTH MOUNTAIN FREEWAY
LAVEEN, ARIZONA
MARICOPA COUNTY
BB
BB
JG
AS NOTED
050631-01-001
8/22/2025
SP01
1
1

1 
 
VARIANCE SUPPLEMENTAL QUESTIONNAIRE 
 
ARS §11-816 B.2 
 
The Board of Adjustment may allow a variance from the terms of the ordinance when, 
owing to peculiar conditions, a strict interpretation would work an unnecessary hardship, 
if in granting such variance the general intent and purposes of the zoning ordinance will 
be preserved. 
 
1. Please discuss and explain what is/are the peculiar condition(s) facing the property and include 
reference to the Maricopa County Zoning Ordinance Regulation(s) or Development Standard(s) 
to be varied. Explain the proposed use of the property with the variance request. Identify and 
explain all peculiar conditions on your property in regard to the following areas: slope, 
narrowness, shallowness, irregular shape, location, washes, vegetation, and easements, 
etc. Explain how enforcement of the Zoning Regulation(s) or Development Standard(s) would 
impose a hardship on the property. 
 
DNZ Holdings, LLC, (“Applicant”) requests a variance that would allow an existing two-sided static off-
site advertising sign (“Sign”) immediately adjacent to the Loop 202 right-of-way (“ROW”) to convert to 
a digital display on property within the IND-3P zoning district at the northeast corner of Southern 
Avenue and the 202 South Mountain Freeway in the Laveen area, Maricopa County Assessor’s 
Parcel No. 104-72-003L (“Property”).  Maricopa County Zoning Ordinance (“MCZO”) Section 
1403.3.1.J.1.ii permits digital display technology only for billboards on commercially or industrially 
zoned property within 300’ of a freeway’s main travel lanes.  The Property is zoned IND-3, and the 
Sign is within five feet of ADOT’s ROW; however, because a freeway entrance ramp and a large 
retention basin for regional drainage flowing to the Salt River (“Retention Basin”) create 421’ of 
separation between the Sign and the freeway’s main travel lanes, digital conversion is not permitted 
without this variance.  See Figure 1 below.   
 
Figure 1 – Aerial Showing Distance Between Sign and Freeway Main Travel Lanes

2 
 
  
The combination of the Retention Basin and entrance ramp separating the Property from the 
freeway’s main travel lanes by over 400’ is peculiar to this Property and is not typical of other 
commercial or industrial parcels along the freeway corridor. In fact, a variance was approved in 2019 
(BA2019050) for additional height and sign face area for the Sign under a previous version on the 
MCZO based in part on the same peculiar condition of the Property’s distance from the freeway main 
travel lanes. 
 
The proposed use of the Property is to continue an existing off-site “V”-shaped advertising sign use 
and convert it from static to digital.  Without a variance, the Sign would be precluded from converting 
to a digital display because of the uniquely extensive ROW distance.  Granting the variance allows 
conversion of the Sign to digital, consistent with the intent of the Ordinance, while addressing the 
peculiar conditions unique to this Property.  Digital technology provides superior clarity and vital public 
messaging capabilities, benefits that cannot be realized without the requested relief.  The Sign would 
remain the same in all other ways, and no other variances from the MCZO are requested. 
 
2. Please explain the unnecessary hardship the Maricopa County Zoning Ordinance creates 
because of a peculiar condition/the peculiar conditions on site. Please discuss and explain that 
the peculiar condition of the property is not self-created in the line of title. 
 
The peculiar condition of the Property creates an unnecessary hardship under the existing standards 
of the Ordinance.  The Sign is separated from the freeway travel lanes by the large ADOT owned 
Retention Basin and entrance ramp.  Because of these physical constraints, strict application of 
Section 1404.3.3.1.J’s 300’ maximum separation would prevent the Property from converting the 
existing off-site “V”-shaped Sign to digital, thereby eliminating a use permission. 
 
This hardship is not self-created.  The Property owner has no control over the Retention Basin or the 
freeway ROW.  These conditions make strict enforcement of the Ordinance particularly burdensome, 
creating an unnecessary hardship that is not the result of action taken by the owner. 
 
3. Please discuss and explain how the granting of the requested variance would not cause a 
negative impact on the general intent and purpose of the Zoning Ordinance.  
 
The requested variance to increase the allowable distance from a freeway from 300’ to 421’ reflects 
the closest feasible placement for the Sign given the intervening ADOT-owned Retention Basin and 
entrance ramp.  The illuminated static billboard, which has existed at this location at the same 
freeway-orientation, height, and sign face area for more than five years, has operated without adverse 
impact on the intent or purpose of the MCZO.  The requested variance seeks only to convert the Sign 
to digital, a use expressly permitted under the Ordinance.  This conversion will not harm the 
Ordinance’s objectives; instead, it enhances them by improving clarity, safety, and utility for both 
advertisers and public messaging.  A digital display delivers sharper images that increase legibility at 
freeway speeds, while also allowing immediate updates for emergency alerts and public service 
announcements.

3 
 
Importantly, the digital technology limits light trespass by employing louvres that direct light from the 
diodes toward the intended viewers on the adjacent freeway. State statute and the MCZO also limit 
nighttime illumination to a maximum of 300 nits and require the display be shutoff off after 11:00pm 
until sunrise. 
 
Additionally, the MCZO’s off-site sign provisions are designed to balance visibility and readability from 
freeways with protection of nearby properties from lighting, noise, and visual impacts.  This variance 
will maintain that balance, because the Sign will comply with all other requirements of MCZO to 
protect adjacent properties.  Further, the surrounding area is primarily industrial or publicly owned, 
with the nearest residences located over 1459’ away and separated by intervening industrial 
properties and the freeway. 
 
Digital billboards displays are allowed along freeways within the County and in other jurisdictions 
around the Valley.  This increase in maximum distance from freeway main travel lanes has also been 
approved in the County in other locations through variances or the UPD process.

SOUTHERN  AVENUE
59TH AVENUE (ALIGNMENT)
DRAINAGE STATEMENT:  
PARCEL DESCRIPTION (DOC. 20140315979) 
SITE PLAN
BOULEVARD MEDIA COMPANY BILLBOARD
A PORTION OF THE SOUTHEAST QUARTER OF SECTION 30, TOWNSHIP 1 NORTH,
RANGE 2 EAST OF THE GILA AND SALT RIVER BASE AND MERIDIAN,
APN: 104-72-003L
MARICOPA COUNTY, ARIZONA
VICINITY MAP
DEVELOPER:
SITE DATA
CASE/TRACKING # 
OWNER:
CIVIL ENGINEER:
Call at least two full working days
before you begin excavation.
Dial 8-1-1 or 1-800-STAKE-IT (782-5348)
In Maricopa County: (602) 263-1100
Arizona Blue Stake, Inc.
UTILITY COMMITMENT TABLE
LEGEND
SITE
100' x 50' BILLBOARD LEASE AREA
BILLBOARD ELEVATION
Bowman Consulting Group, Ltd.
1600 N. Desert Drive Ste 210
Tempe, Arizona 85288
c    Bowman Consulting Group, Ltd.
Phone: (480) 629-8830
www.bowmanconsulting.com
SITE PLAN
BOULEVARD MEDIA COMPANY BILLBOARD
SOUTHERN AVE AND SOUTH MOUNTAIN FREEWAY
LAVEEN, ARIZONA
MARICOPA COUNTY
BB
BB
JG
AS NOTED
050631-01-001
8/22/2025
SP01
1
1