This is a request from the Montana State University- Billings to use land contrary to zoning to display sponsorship banners on the fence surrounding the soccer fields at the West Billings Campus. Sponsor banner signs on fences and not buildings are not allowed by the adopted sign code for the City of Billings. State law allows any public agency to use public land contrary to the locally adopted zoning as long as a public forum before the City Board of Adjustment is held to gather comment from the surrounding property owners and the public. The City Board of Adjustment has no power to approve, deny or attach conditions to the proposed use. State law (MCA 76-2-402) governs land uses contrary to zoning for public agencies.

Planning staff recommends to Board of Adjustment convene the public forum to gather comment on sponsor banner signs posted on the soccer field fencing contrary to the City Sign Code (Section 27-1408.E). The Board does not have the power to grant deny or condition the proposed use, but is the board that must convene the public forum. MSU-Billings West End Campus will continue to display the banner signs attached to a fence on Parcel 1, Certificate of Survey 3340, a 33.075 acre parcel of land.

MSU-Billings also convened a public forum for signage for its main campus on Poly Drive several decades ago. More recently, Elysian School was required to hold a public forum on an electronic message center sign for the school. Other examples include the Billings gun range at the city landfill, pump stations in residential zones for water and waste water systems, and similar land uses that are contrary to the adopted zoning. 

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. 

The proposed LUCZ variance will have no effect on the Planning Division budget.