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6 Zoning Dig. 1 (1954)

handle is hein.journals/planevirw6 and id is 1 raw text is: ZONING DIGEST Published by AMERICAN SOCIETY OF PLANNING OFFICIALS 1313 EAST 60TH STREET, CHICAGO 37, ILLINOIS Volume 6 JANUARY 1954 Pages 1-16 Billboards May Not Be Prohibited In Commercial District Without Adequate Standards. Signs. Legislative Body May Not Assume Functions Of Board Of Adjustment. General Outdoor Advertising Co., Inc. v. Goodman et al., Supreme Court of Colorado, October 13, 1953, 262 P.2d 261. The county commissioners of Arapahoe County, Colorado, on October 20, 1941, adopted a county zoning resolution. In October 1950 the ordinance was amended so as to permit signs in commercial districts in accordance with the follow- ing provision: Signs, when approved by the combined action of the Arapahoe County Board of Adjustment and the Board of County Commissioners of Arapahoe County. The statute affecting zoning provides for the appoint- ment of a building inspector and for the creation of a board of adjustment. A building inspector was appointed, and a board of adjustment was created under the ordinance. Plaintiff applied to the building inspector for a permit for the erection of outdoor advertising signs at locations which were zoned commercial, and in which other signs had been erected and were maintained. The application complied with all building regulations, but it was denied by the building inspector on the ground that under the amend- ment quoted above, such application had to be approved by the combined action of the board of adjustment and the board of county commissioners. These two boards denied the ap- plication for the permit. Plaintiff brought suit in the district court to declare the amendment unconstitutional. The court rendered judgment for defendants and dismissed plaintiff's complaint. In re- versing the lower court and in holding the amendment uncon- stitutional, the supreme court used the following language:

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