Variance 1288 - 6416 Elysian Road - Land Use Contrary to Zoning - A request to conduct a public forum to gather comment on a proposed sign contrary to the City Sign Code requirements for all schools limiting the maximum sign height to 5 feet.  The proposed sign structure is 12 feet tall.  (Section 27-706.e, BMCC) 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.  The property is C/S 832, Parcel 1A, 19.93 acres in area and is zoned Public.  Presented by Monica Plecker, Planning Division Manager

The City of 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.
 

OWNER: Elysian School District #23
AGENT: Bob Whalen
LEGAL DESCRIPTION: C/S 832 Parcel 1
ADDRESS: 6416 Elysian Road
CURRENT ZONING: Public
EXISTING LAND USE: K-8th grade school
PROPOSED USE:  Freestanding sign taller than allowed in the Public Zone
SIZE OF PARCEL: 19.93 acres

Sign Permit Application

There have been 16 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, the Yellowstone County Detention facility and most recently the new 911 Communication Center. 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: CI, R-150, HC, NC Land Use: Industrial, Residential Single Family and Vacant
SOUTH:	Zoning: PUD Land Use: Agricultural
EAST:	Zoning: PUD Land Use: Residential Single Family and Agricultural
WEST:	Zoning: PUD Land Use: Agricultural

This is a request to conduct a public forum to gather comment on a proposed sign contrary to the City Sign Code for all schools limiting the maximum sign height to 5 feet in a public zone.  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 MCA 73-2-402, 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 City Board of Adjustment has no power to approve, deny or attach condition to the proposed use.  State las (MCA 76-2-402) requires a forum before the Board of Adjustment to receive public comment.