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Regular   2.
City Council Regular Business Meeting
Meeting Date:
06/22/2026
TITLE
Land Use Contrary to Zoning 11- 713 Commerce Way - City of Billings Parks Department
PRESENTED BY:
Karen Husman
Department:
Planning & Community Services
Presentation:
Yes
Legal Review:
Yes
Project Number:
PL20260230

RECOMMENDATION

Planning staff recommends that the Billings City Council conduct a public hearing and receive public comment regarding a request by the City of Billings Parks Department to install signs larger than what is currently allowed within the Public, Civic Institution (P2) zoning district at 715 Commerce Way. The City Council may also provide comments and recommendations to the Parks Department staff.

EXECUTIVE SUMMARY

The City of Billings Parks Department would like to install two signs at Amend Park that exceed the maximum allowable sign area for a single sign in the P2 zone district.  
The proposed wall signage would improve visibility from adjacent public rights-of-way and enhance identification, wayfinding, and promotion of the new sports complex, which currently includes two newly constructed sports buildings.

The City of Billings Parks and Recreation is allowed to apply to the local governing body to use land contrary to zoning as per MCA 76-2-402. “Local zoning regulations -- application to agencies. (1) Whenever an agency proposes to use public land contrary to local zoning regulations, a public hearing must be held and the agency shall attend the public hearing. (2) The local governing body shall hold a hearing within 30 days of the date the agency gives notice to the local governing body of its intent to develop land contrary to local zoning regulations.”

BACKGROUND (Consistency with Adopted Plans and Policies, if applicable)

The City of Billings Parks Department is requesting approval to install three signs at 715 Commerce Way, Building 1, located on Lot 3A-4, Block 1, Popelka Commerce Center Subdivision, Second Filing. The subject property consists of approximately 7.739 acres and is zoned P2. The proposal includes two wall signs totaling 1,276 square feet and one additional sign measuring 245 square feet. Pursuant to Section 27-1407. F and Table 27-1400.12 of the Billings Municipal Code, the maximum permitted sign area in the P2 zoning district is limited to 100 square feet per wall. The proposed signage exceeds the maximum sign area otherwise permitted under the zoning regulations.

In this instance, the proposed wall signage would provide increased visibility from the adjacent public rights-of-way and enhance identification and advertising for the new sports complex. The complex currently includes two newly constructed sports buildings, and the proposed signage is intended to improve wayfinding, site recognition, and public awareness of the facility and its current and potential future recreational amenities.

The City of Billings Parks and Recreation Department, as a public agency, may request authorization to use land in a manner contrary to local zoning regulations in accordance with Montana Code Annotated (MCA) 76-2-402. Under this statute, when a public agency proposes development that does not conform to local zoning regulations, the local governing body is required to hold a public hearing, and the agency proposing the development must attend the hearing. The statute further requires the local governing body to hold the hearing within 30 days after receiving notice from the agency of its intent to develop the property contrary to zoning regulations.

The purpose of the public hearing is to allow the City Council to receive public comment regarding the proposed signage and provide comments or recommendations to the Parks Department staff for development of the signage for the City recreation complex. Due to the City of Billings owning the property associated with the Land Use Contrary to Zoning request, a unique situation is created and the City Council could request the Parks Department staff make changes to the requested signage.
 

FISCAL EFFECTS

Holding the public hearing and the land use contrary to zoning will have no impact on the Planning Division budget.

STAKEHOLDERS

Planning staff notified property owners within 150 feet of the subject property, published a legal ad on May 29, 2026 and June 5, 2026, and posted the property with a zoning request sign. In addition, the application materials were posted on the Planning Division "Current Zoning Application" webpage. Planning staff received no comments prior to this hearing.

ALTERNATIVES

City Council may:
  • Open the public hearing and take public comment and provide input and suggestions to the project sponsor, the City of Billings Parks Department.
Due to the property being owned by the City of Billings, City Council could request changes be made to the sign proposal. In typical Land Use Contrary to Zoning requests, the City Council would not have the ability to direct recommended changes and could only provide suggestions to another qualify applicant. 

Attachments