Variance 1251 – 2315 9^th Avenue N – Land Use Contrary to Zoning (LUCZ) – new 911 Center - A request to conduct a public forum for the proposed construction of a new 911 Communication Center for the City of Billings and Yellowstone County in a Residential 7,000 (R-70) zone, on the South ½ of Lot 3, Block 9, Sunnyside Subdivision 2^nd Filing, a 21,000 square foot parcel of land. The property is generally located at 2135 9^th Avenue North. The proposed facility will not meet the required front or side adjacent to street setback requirements, will install an 80-foot communications tower, and will have generators and transformers near the east property line. The City Board of Adjustment has no power to approve, deny or attach conditions to the proposed use. State law (MCA 76-2-402) requires a forum before the Board of Adjustment to receive public comment. Tax ID: A16423. Presented by Karen Husman, Planner I

The City Board of Adjustment has no power to approve, deny or attach conditions to the proposed use. State law (MCA 76-2-402) requires a forum before the Board of Adjustment to receive public comment.

OWNERS:                             City of Billings
AGENTS:                               CTA Architects Engineers     
PURPOSE:                            Conduct a public forum for the proposed construction of a new 911 Communication Center
LEGAL DESCRIPTION:           Sunnyside Subdivision, 2^nd, Block 9, Lot 3
ADDRESS:                            2315 9^th Avenue North
EXISTING LAND USE:            Vacant land    
PROPOSED LAND USE:        911 Communication Center
EXISTING ZONING:                 R-7000

None.

There have been 15 similar applications by public agencies in the community to use land contrary to zoning since 2002. The applications include improvements to schools, fire stations, water facilities, the City of Billings Landfill, Dehler Park, the Billings Logan Airport, and the Yellowstone County Detention facility. The state law provision that exempts local agencies from local zoning compliance provides an opportunity for the public to provide comment and eliminates the need for one government authority to approve, deny or place conditions on the necessary public improvements of another public agency. Many public agency projects are subject to other permitting and development permissions ranging from financial authority and building code compliance to state and federal environmental policy conformance. Some of these processes also offer the opportunity to provide public comment.

NORTH:   Zoning:      R-70
                  Land Use:  Residential Single Family & Multi-family
SOUTH:    Zoning:      R-60 & RMF  
                  Land Use:  Residential Single Family & Multi-family
EAST:       Zoning:      R-70
                  Land Use:  Residential Single Family
WEST:      Zoning:      R-70
                  Land Use:  Residential Single Family

This is a request to conduct a public forum for the new 911 Communication Center in a Residential Zoning District. Use of land contrary to zoning is allowed by state statute MCA 76-2-402 after a Public Forum is held before the local Board of Adjustment. State law does not give the authority to the Board of Adjustment to approve or deny the request but does allow the Board to receive public comment on the use.
 
State Statute
76-2-401. Definitions. As used in 76-2-402, the following definitions apply:
     (1) "Agency" means a board, bureau, commission, department, an authority, or other entity of state or local government.
     (2) "Local zoning regulations" means zoning regulations adopted pursuant to Title 76, chapter 2.
     History: En. Sec. 1, Ch. 397, L. 1981.
76-2-402. Local zoning regulations – application to agencies. Whenever an agency proposes to use public land contrary to local zoning regulations, a public hearing, as defined below, shall be held.
     (1) The local board of adjustments, as provided in this chapter, shall hold a hearing within 30 days of the date the agency gives notice to the board of its intent to develop land contrary to local zoning regulations.
     (2) The board shall have no power to deny the proposed use but shall act only to allow a public forum for comment on the proposed use.
     History: En. Sec. 2, Ch. 397, L. 1981.