a.
City Board of Adjustment
- Meeting Date:
- 03/04/2026
- SUBJECT
- City Variance 1392 - 1201 N Broadway - Intermountain Health Sign Variance
- THROUGH:
- David Green
- PRESENTED BY:
- David Green
Information
REQUEST
City Variance 1392 – 1201 N Broadway – Sign Variance – Variance request from Section 27-1407, Table 27-1400.13 restricting the size of an attached wall sign to a maximum of 250 sq. ft. to allow a sign on the north side of the newly constructed hospital building of 639 sq. ft. and on the south side of the building of 665 sq. ft., for property located on Lots 1-48, Block 9, North Side Addition, Third Filing, Tracts 1 and 2, COS 934, Lots 1-21, Block 1 and Lots1-4, 12-15, Block 2, Normal Subd., Lots 10-A, 11-A, and 11B, Block 2, Amended plat of Lots 10 and 11, Block 2, Normal Subd., Lots 22-4C, Block1, Normal Subd., Second Filing, Lot 2, Block 1, Normal Subd., Third Filing, in S32, T01 N, R26 E., a combined area of approximately 9.53 acres.
RECOMMENDATION
Planning staff is recommending conditional approval and adoption of the findings of the criteria for Variance 1392.
APPLICATION DATA
| OWNER: Intermountain Health & Sister's of Leavenworth | |
| AGENT: Henningson, Durham & Richardson, P.C.: Representative, Brittany Cael | |
| LEGAL DESCRIPTION: Lots 1-48, Block 9, North Side Addition, Third Filing, Tracts 1 and 2, COS 934, Lots 1-21, Block 1 and Lots1-4, 12-15, Block 2, Normal Subd., Lots 10-A, 11-A, and 11B, Block 2, Amended plat of Lots 10 and 11, Block 2, Normal Subd., Lots 22-4C, Block1, Normal Subd., Second Filing, Lot 2, Block 1, Normal Subd., Third Filing, in S32, T01 N, R26 E. A11334, A11335, A11336, A11341, A12241, A12242, A12243, A12244, A12245, A12246, A12248, A12249, A12250, A12251, A12252, A12253, A12254, A12255, A12256, A12257, A12258, A12259, A12260, A12261, A12262, A12263, A12264, A33974 | |
| ADDRESS: 1201 N Broadway | |
| CURRENT ZONING: P3 (Public 3 Campus / Medical) | |
| EXISTING LAND USE: Hospital parking lots | |
| PROPOSED USE: New hospital building | |
| SIZE OF PARCEL: 9.53 acres |
CONCURRENT APPLICATIONS
None
APPLICABLE ZONING HISTORY
See attached zoning 'History.'
SURROUNDING LAND USE & ZONING
| NORTH: | Zoning: P3 Campus/Medical with one lot of Corridor Mixed Use 1 (CMU1) Land Use: MSU Billings, Foundation of Montana State University in CMU1 |
| SOUTH: | Zoning: P3 Land Use: Medical offices, medical clinics |
| EAST: | Zoning: CMU1 Land Use: Retail Businesses and medical offices and clinics |
| WEST: | Zoning: P3 Land Use: Medical facilities |
BACKGROUND
This is a variance request from Section 27-1407 – Table 27-1400.13, requiring a maximum sign area of 250 square feet for any wall sign in the P3 (Public 3 campus/medical) zone district. The property is intended for the development of a new hospital facility. The hospital will be 737,000 square feet and 14 stories tall. The parcel is approximately 9.53 acres. The proposed building has frontage on Poly Drive, North 27th Street and 11th Avenue North. The applicant is proposing two signs. One sign facing north is 639 square feet, and another sign facing south, 665 square feet. The proposed signs are consistent to the color scheme and logo of other Intermountain Health signs at the hospital's current location and clinics around town.
The building facade facing north has frontage on Poly Drive. The sign facing south has frontage on 11th Avenue North. The façade on the north is 33,301 square feet. On the north, the proposed sign size is 639 square feet. This is 1.9% of the total wall square footage. The façade on the south is 40,493 square feet with the proposed south-facing sign being 665 square feet. This is 1.6% of the total wall square footage. The applicant states in the documentation they are proposing three signs on the south wall. Planning does not consider the cross a sign. Crosses are a religious Christian symbol, it is not a retail brand or wording. The Zoning Code states that signs shall not include art that does not include commercial speech. Therefore, Planning will not require a permit for the cross. Areas labeled 'Future Donor Recognition Area' on the south elevation of the attachments submitted by the applicant, are not part of this sign variance request. Additionally, had this building been located in the Central Business District (CBD) zone district, since the building exceeds 10 stories in height, its wall sign limitation would be 10% of the wall area, with no maximum size.
The sign code applies a maximum wall sign area of 250 square feet, regardless of the size and height of the building or the length of the street frontage. The Board of Adjustment has granted a similar variance for the Scheels building in Shiloh Crossing in December 2011. The Scheels building is within the previous Shiloh Corridor Overlay District which also had a maximum wall sign area of 250 square feet. The previous sign codes allowed building wall signs to equal up to 3 square feet for each linear foot of structure that faced a street. If the previous sign code were still in place, a maximum wall sign - or group of wall signs - would have been allowed up to 1,200 square feet - or about 10% of the proposed facade area. The Scheels sign of 544 square feet, by contrast, takes up about 5% of the façade area for that building.
In 2012, the BOA approved an increase in sign size and height for the Vegas Hotel near the S 27th St and I-90 interchange. This sign variance allowed the sign to be much taller 50 feet in height when only 12 feet was allowable, and larger 170sqft in size when only 40sqft was allowable within the S 27th St Corridor sign code. The topography was challenging based on the elevation of the highway overpass just east of the property.
In 2022, the BOA approved a sign for the Coca-Cola bottling facility on South Frontage Road and Harnish Boulevard, near Zoo Drive. The maximum sign area for that site was also 250 square feet for a wall sign. They requested a sign that was 456 square feet. That facility is approximately 240,000 square feet on about 9.5 acres. Their wall for the sign was 12,000 square feet, making the sign 3.8% of the wall.
STAKEHOLDERS
Planning staff notified owners by mail, posted the property and published the legal ad as required. As of the date of this staff report, no comments or concerns have been registered with the Planning Division.
The building facade facing north has frontage on Poly Drive. The sign facing south has frontage on 11th Avenue North. The façade on the north is 33,301 square feet. On the north, the proposed sign size is 639 square feet. This is 1.9% of the total wall square footage. The façade on the south is 40,493 square feet with the proposed south-facing sign being 665 square feet. This is 1.6% of the total wall square footage. The applicant states in the documentation they are proposing three signs on the south wall. Planning does not consider the cross a sign. Crosses are a religious Christian symbol, it is not a retail brand or wording. The Zoning Code states that signs shall not include art that does not include commercial speech. Therefore, Planning will not require a permit for the cross. Areas labeled 'Future Donor Recognition Area' on the south elevation of the attachments submitted by the applicant, are not part of this sign variance request. Additionally, had this building been located in the Central Business District (CBD) zone district, since the building exceeds 10 stories in height, its wall sign limitation would be 10% of the wall area, with no maximum size.
The sign code applies a maximum wall sign area of 250 square feet, regardless of the size and height of the building or the length of the street frontage. The Board of Adjustment has granted a similar variance for the Scheels building in Shiloh Crossing in December 2011. The Scheels building is within the previous Shiloh Corridor Overlay District which also had a maximum wall sign area of 250 square feet. The previous sign codes allowed building wall signs to equal up to 3 square feet for each linear foot of structure that faced a street. If the previous sign code were still in place, a maximum wall sign - or group of wall signs - would have been allowed up to 1,200 square feet - or about 10% of the proposed facade area. The Scheels sign of 544 square feet, by contrast, takes up about 5% of the façade area for that building.
In 2012, the BOA approved an increase in sign size and height for the Vegas Hotel near the S 27th St and I-90 interchange. This sign variance allowed the sign to be much taller 50 feet in height when only 12 feet was allowable, and larger 170sqft in size when only 40sqft was allowable within the S 27th St Corridor sign code. The topography was challenging based on the elevation of the highway overpass just east of the property.
In 2022, the BOA approved a sign for the Coca-Cola bottling facility on South Frontage Road and Harnish Boulevard, near Zoo Drive. The maximum sign area for that site was also 250 square feet for a wall sign. They requested a sign that was 456 square feet. That facility is approximately 240,000 square feet on about 9.5 acres. Their wall for the sign was 12,000 square feet, making the sign 3.8% of the wall.
STAKEHOLDERS
Planning staff notified owners by mail, posted the property and published the legal ad as required. As of the date of this staff report, no comments or concerns have been registered with the Planning Division.
ALTERNATIVES
- Allow the applicant to withdraw the variance request. The applicant has not requested a withdrawal at this time.
SUMMARY
Prior to approval, the Board of Adjustment shall ensure that the determinations for variances (Sec. 27-1627.D and E.), as outlined below, have been satisfied:
Section 27-1627.D
1) That special conditions and circumstances exist which are peculiar to the land, the lot or something inherent in the land which causes the hardship, and which are not applicable to other lands in the same district.
There are circumstances that exist which are peculiar to the proposed building and the building lots. There is a significant uphill grade from the south to the north of the property. With this size of building, 14 stories and 737,000 square feet, a sign of 250 square feet would be too small and out of proportion for the building. With one sign on the north and one on the south, even though they are asking for 639 square feet on one side and 665 square feet on the other, both signs are still under 2% of the square footage of the wall they will be mounted on. With the two signs being larger, they will be more proportionate to the size of the building and visible to the public, helping those that may be unfamiliar with the area and are looking for the hospital. Billings is a regional area for those in need of a hospital. Drivers rely on signs that are large enough and well-designed to convey a legible message. Difficulty in reading a sign distracts a driver longer than necessary from critical attention to traffic.
2) That a literal interpretation of the provisions of this Chapter would deprive the applicant of rights commonly enjoyed by other tracts in the same district.
The Board of Adjustment has granted at least three sign area variances in the past. They have been rare and very specific to conditions and buildings. Similar property in the City in specific areas has also developed much larger wall signage to accommodate the mass and scale of buildings on those lots and to better communicate with drivers on a heavily traveled road. Coca-Cola and Scheels each have wall signs close to 500 square feet. If the variance is denied, this could deprive this applicant of rights commonly enjoyed by other large buildings in Billings.
3) That granting the variance requested will not confer on the applicant any special privilege that is denied by this zoning code to other land in the same district.
Granting this variance will not confer on the applicant a special privilege because the Board of Adjustment has granted a limited number of variances from the maximum sign area to other large buildings on larger properties. Similarly situated development in the City also has larger wall signs to scale larger buildings, as proposed by Intermountain Health.
4) That the granting of the variance will be in harmony with the general purpose and intent of this zoning code and with the Growth Policy.
Granting this variance is consistent with the general purposes and intent of the zoning regulations and the 2016 Growth Policy. The proposal represents a strong infill opportunity in an area where public infrastructure is already in place and where development is consistent with existing land uses surrounding the hospital. The location allows the hospital to remain within a neighborhood that is accustomed to medical use and benefits from direct access to the interstate and the Billings Logan International Airport. This project supports the Growth Policy goal of 'Strong Neighborhoods' by contributing to a safe, attractive area that provides essential services to the community.
Section 27-1627.E
2) In granting any variance, the Board may prescribe appropriate conditions and safeguards in conformity with this Zoning Code. Violation of such conditions and safeguards, when made a part of the terms upon which the variance is granted, shall be deemed a violation of this Zoning Code;
Staff is recommending six (6) conditions for the variance request:
Staff is recommending the applicant/agent have five (5) years to submit a sign permit. Sign permits once approved are only valid for a few months.
4) Under no circumstances shall the Board grant a variance to allow a use not permissible under the terms of this zoning code in the district involved. A variance shall not be a grant of special privilege inconsistent with limitations placed upon other properties in the district.
The granting of this variance would not allow a use that is not allowed in the zoning district. Hospitals and signs are allowed within the Public 3 zone district.
Section 27-1627.D
1) That special conditions and circumstances exist which are peculiar to the land, the lot or something inherent in the land which causes the hardship, and which are not applicable to other lands in the same district.
There are circumstances that exist which are peculiar to the proposed building and the building lots. There is a significant uphill grade from the south to the north of the property. With this size of building, 14 stories and 737,000 square feet, a sign of 250 square feet would be too small and out of proportion for the building. With one sign on the north and one on the south, even though they are asking for 639 square feet on one side and 665 square feet on the other, both signs are still under 2% of the square footage of the wall they will be mounted on. With the two signs being larger, they will be more proportionate to the size of the building and visible to the public, helping those that may be unfamiliar with the area and are looking for the hospital. Billings is a regional area for those in need of a hospital. Drivers rely on signs that are large enough and well-designed to convey a legible message. Difficulty in reading a sign distracts a driver longer than necessary from critical attention to traffic.
2) That a literal interpretation of the provisions of this Chapter would deprive the applicant of rights commonly enjoyed by other tracts in the same district.
The Board of Adjustment has granted at least three sign area variances in the past. They have been rare and very specific to conditions and buildings. Similar property in the City in specific areas has also developed much larger wall signage to accommodate the mass and scale of buildings on those lots and to better communicate with drivers on a heavily traveled road. Coca-Cola and Scheels each have wall signs close to 500 square feet. If the variance is denied, this could deprive this applicant of rights commonly enjoyed by other large buildings in Billings.
3) That granting the variance requested will not confer on the applicant any special privilege that is denied by this zoning code to other land in the same district.
Granting this variance will not confer on the applicant a special privilege because the Board of Adjustment has granted a limited number of variances from the maximum sign area to other large buildings on larger properties. Similarly situated development in the City also has larger wall signs to scale larger buildings, as proposed by Intermountain Health.
4) That the granting of the variance will be in harmony with the general purpose and intent of this zoning code and with the Growth Policy.
Granting this variance is consistent with the general purposes and intent of the zoning regulations and the 2016 Growth Policy. The proposal represents a strong infill opportunity in an area where public infrastructure is already in place and where development is consistent with existing land uses surrounding the hospital. The location allows the hospital to remain within a neighborhood that is accustomed to medical use and benefits from direct access to the interstate and the Billings Logan International Airport. This project supports the Growth Policy goal of 'Strong Neighborhoods' by contributing to a safe, attractive area that provides essential services to the community.
Section 27-1627.E
2) In granting any variance, the Board may prescribe appropriate conditions and safeguards in conformity with this Zoning Code. Violation of such conditions and safeguards, when made a part of the terms upon which the variance is granted, shall be deemed a violation of this Zoning Code;
Staff is recommending six (6) conditions for the variance request:
- The variance is for a maximum sign area of 639 square feet on the north façade and 665 square feet on the south façade. No other variance is intended or implied by this approval.
- The variance applies to Lots 1-48, Block 9, North Side Addition, Third Filing, Tracts 1 and 2, COS 934, Lots 1-21, Block 1 and Lots1-4, 12-15, Block 2, Normal Subd., Lots 10-A, 11-A, and 11B, Block 2, Amended plat of Lots 10 and 11, Block 2, Normal Subd., Lots 22-4C, Block1, Normal Subd., Second Filing, Lot 2, Block 1, Normal Subd., Third Filing, in S32, T01 N, R26 E.
- The proposed building will be located and oriented in substantial conformance with the submitted site plan. Minor adjustments to the site plan are allowed.
- Prior to installation and within five (5) years of Board of Adjustment approval of the variance, the applicant will apply for the sign permit.
- Failure to begin or complete actions required by this approval within the time limit set forth shall void this variance.
- These conditions of variance approval shall run with the land described in this authorization and shall apply to all current and subsequent owners, operators, managers, leaseholders, heirs and assigns.
Staff is recommending the applicant/agent have five (5) years to submit a sign permit. Sign permits once approved are only valid for a few months.
4) Under no circumstances shall the Board grant a variance to allow a use not permissible under the terms of this zoning code in the district involved. A variance shall not be a grant of special privilege inconsistent with limitations placed upon other properties in the district.
The granting of this variance would not allow a use that is not allowed in the zoning district. Hospitals and signs are allowed within the Public 3 zone district.
RECOMMENDATION
Planning staff is recommending conditional approval based on the limited BOA history of granting similar variances for similarly situated very large buildings and large properties. Considering the size of the building at 14 stories, scale would not appear correct with the limitation of 250 square feet for each sign. Several conditions are recommended to ensure the new signage matches what is being requested for sign size and location.