City Variance 1393 – 715 Commerce Way Building 2– Sign size - A variance from Section 27-1407.F.2 referencing Section 27-1407.B requiring a maximum sign size of 100 square feet to allow a maximum sign size for one sign at 406 square feet, and three signs at 210 square feet each in a Public, Civic, and Institutional (P2) zone, on Lots 3A-5A, Block 1, of Amended Plat of Lots 3A-1A, 3A-4, & 3A-5 Block 1 of Popelka Commerce Center Subd., Second Filing, S08, T01 S, R26 E, a parcel of land approximately 2.03 acres. The purpose of the variance is to allow an increase in sign size for all four walls signs for the Signal Peak Ice Arena. Tax ID: A35427

Planning staff is recommending conditional approval and adoption of the findings of the criteria for Variance 1393.

None

See attached zoning 'History.'

This request is for a variance from Section 27-1407.F.2, which references Section 27-1407.B of the City Code, limiting wall signs to a maximum size of 100 square feet in the Public, Civic, and Institutional (P2) zoning district. The applicant is seeking approval to exceed this standard to allow one wall sign of approximately 406 square feet and three additional wall signs of approximately 205 square feet each for the Signal Peak Ice Arena.  The proposed building has frontage along King Avenue East, Southgate Drive, Simpson Street, and Commerce Way, with building façades oriented to the north, south, east, and west. The applicant proposes four wall-mounted signs, one on each façade. The south-facing sign, oriented toward King Avenue East, is approximately 406 square feet. The remaining three signs, facing north toward Simpson Street and Amend Park, east toward Southgate Drive, and west toward Commerce Way and the primary parking and entrance area, are each approximately 205 square feet.

The total wall area of each façade is as follows: the north façade is approximately 9,587.5 square feet, the south façade is 8,250 square feet, the east façade is 9,750 square feet, and the west façade is 8,125 square feet. The proposed sign areas represent approximately 2.1 percent of the wall area on the north, east, and west elevations, and approximately 4.8 percent on the south elevation. Under current P2 zoning regulations, the maximum allowable wall sign area is 100 square feet per sign, regardless of building size or street frontage. By comparison, properties zoned Corridor Mixed Use 2 (CMU2) across King Avenue East are permitted wall signs up to 250 square feet. If the subject property were located within the CMU2 district, the requested variance would be required for only one sign rather than all four.

The Board of Adjustment has previously approved similar sign variances for large-scale buildings where strict application of the code would not proportionately accommodate building size. In March 2026, the Board approved a variance for Intermountain Health St. Vincent Regional Hospital, where sign sizes averaged approximately 1.7 percent of the wall area. Additionally, in 2022, a variance was approved for the Coca-Cola bottling facility located near Zoo Drive, allowing a 456-square-foot wall sign on a building with approximately 12,000 square feet of wall area (3.8 percent). Earlier examples include the Scheels building in Shiloh Crossing, approved under prior sign regulations that allowed wall signage based on building frontage, resulting in larger permitted sign areas. Historically, prior City and County sign codes allowed wall signage up to three square feet per linear foot of building frontage, resulting in larger signs for buildings with significant street exposure. Similar large-scale properties in the vicinity continue to exhibit signage reflective of those previous standards.  The applicant’s request is intended to provide signage that is proportionate to the scale of the Signal Peak Ice Arena and visible from multiple surrounding roadways.

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

The Board of Adjustment may:

• Approve the requested variance with conditions as recommended by the Planning staff;
• Approve the requested variance with amended conditions;
• Approve the requested variance with no conditions;
• Deny the requested variance with amended findings of fact of the criteria;or
• Allow the applicant to withdraw the variance request. The applicant has not requested a withdrawal at this time. 

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 unique circumstances associated with the proposed building and its location, as the site is situated behind other commercial businesses along King Avenue East. Due to the scale of the building, smaller signs permitted under the current code would appear disproportionately small relative to the building’s size and massing. The three smaller proposed signs represent approximately 2.1 percent of the total wall area on the north, east, and west elevations, while the larger south-facing sign represents approximately 4.8 percent of the wall area. These proportions are consistent with maintaining visual balance between the signage and the building façade. The proposed sign sizes will enhance visibility for visitors, particularly those unfamiliar with the area who are attempting to locate the facility for events. Adequately sized and well-designed signage contributes to clear communication and wayfinding. Signs that are too small or difficult to read may require prolonged attention from drivers, potentially increasing distraction from surrounding traffic conditions.

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 historically granted a limited number of similar sign area variances, typically under circumstances where the size, scale, and context of a development warranted deviation from the standard code requirements. These approvals have been infrequent and carefully considered, generally tied to unique site conditions or unusually large building massing that could not be reasonably accommodated under the existing sign regulations. Several comparable large-scale developments in the Billings area have incorporated significantly larger wall signage to address similar challenges. These larger signs help maintain proportionality with expansive façades and improve visibility from adjacent high-volume transportation corridors. Notable examples include the Intermountain Health St. Vincent Regional Hospital, the Coca-Cola bottling facility, and the Scheels retail building, each of which features wall signage approaching or exceeding 500 square feet.

These precedents demonstrate a consistent recognition that standard sign size limitations may not adequately serve large institutional or commercial buildings, particularly those located along heavily traveled roadways or set back from primary street frontages. In such cases, increased sign area has been found necessary to ensure effective identification and wayfinding for the public. If the requested variance is denied, the applicant could be placed at a disadvantage relative to similarly situated large-scale developments within the community that have been granted relief from the same standard. This could result in signage that is disproportionately small, less visible, and less effective, thereby limiting the applicant’s ability to achieve the same level of identification and functionality that has been afforded to comparable properties.

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 the requested variance will not confer a special privilege on the applicant, as the Board of Adjustment has approved similar variances for large-scale developments under comparable circumstances. Although such approvals are limited, they have been applied where building size and site conditions warrant signage that exceeds standard code allowances. The Board has recognized that larger buildings may require increased sign area to maintain proportionality and ensure visibility from adjacent roadways. Recent examples, including the Intermountain Health St. Vincent Regional Hospital, reflect this approach. Additionally, similarly situated developments within the City feature larger wall signage that corresponds to the scale of their buildings. Approval of this variance would be consistent with these precedents and established development patterns, rather than granting a unique or special privilege.

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 will not confer a special privilege on the applicant, as the Board of Adjustment has previously approved a limited number of similar variances from maximum sign area standards for other properties under similar circumstances. Additionally, similarly situated developments in Billings have incorporated larger wall signage to appropriately scale with larger buildings. The proposed signage for the Signal Peak Ice Arena is consistent with these established patterns and prior approvals.

Section 27-1627.E
1) Whenever the City Board of Adjustment grants an application for a variance, the minutes shall specifically state the criteria upon which the variance is granted.
The minutes of the meeting will be recorded reviewed and approved for the record.

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:

1. The variance is for one large sign with a maximum sign area of 406 square feet on the south façade, and three walls are allowed maximum of 210 square feet on the north, east and west walls.
2. The variance applies to Lots 3A-5A, Block 1, of Amended Plat of Lots 3A-1A, 3A-4, & 3A-5 Block 1 of Popelka Commerce Center Subd., Second Filing, S08, T01 S, R26 E, a parcel of land approximately 2.03 acres. Also known as 715 Commerce Way, Building 2.
3. Prior to installation and within 2 years of Board of Adjustment approval of the variance, the applicant will apply for the sign permit.
4. Failure to begin or complete actions required by this approval within the time limit set forth shall void this variance.
5. 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.

3) The Board shall prescribe a time limit within which the action for which the variance is required shall be begun or completed, or both. Failure to begin or complete such action within the time limit set shall void the variance.
Staff is recommending the applicant/agent have two (2) 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. Public, civic and institutional uses and signs are allowed within the Public 2 zone district.

Planning staff is recommending conditional approval based on the review criteria and BOA history of granting similar variances for similarly situated very large buildings, considering the size of the building and the building location. Several conditions are recommended to ensure the new signage matches what is being requested for sign size and location.