City Variance 1290 – 1775 High Sierra Blvd – Skyview High School – Land Use Contrary to Zoning - A public forum to gather comment on an installed solar voltaic array installed within the required 10-foot side adjacent to street setback (Sec. 27-309). The solar array was re-located during field installation due to underground utilities. 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 Lot 1, Block 45 of High Sierra Subdivision, 1^st Filing a 44.597 acre parcel of land and is zoned Public. Presented by Nicole Cromwell, Zoning Coordinator

Staff recommends the Board conduct the public hearing and gather public input.

OWNER: Billings High School District #2
AGENT: Scott Reiter, Facilities Director
LEGAL DESCRIPTION: Lot 1, Block 45 High Sierra Subdivision 1st Filing
ADDRESS: 1775 High Sierra Blvd
CURRENT ZONING: Public
EXISTING LAND USE: Skyview High School - with accessory Solar Array
PROPOSED USE: Same
SIZE OF PARCEL: 44.597 acres

Approved Building Permit - BP-18-01293

There have been 16 similar applications by public agencies to use land contrary to zoning since 2002. The applications include improvements to schools, fire stations, water facilities, the City of Billings Landfill, a new law enforcement shooting range, 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. These processes also offer the opportunity to provide public comment.

NORTH:	Zoning: R-96 Land Use: Single family dwellings
SOUTH:	Zoning: R-96 and R-70 Land Use: Single family and two-family dwellings
EAST:	Zoning: R-96 Land Use: Single family dwellings
WEST:	Zoning: R-96 Land Use: Single family dwellings

This is a request to conduct a public forum for the a new solar array panel installation at Skyview High School in Billings Heights. The solar array received a Building Permit for the installation in June 2018. The site plan met all required setbacks in the the Public zoning district. During installation an underground utility was discovered and the northern array panel was moved to within 1 foot of the northern property line without updating the approved site plan and coordinating the change with Building and Planning staff. The project was mostly completed by the time the setback change was discovered. The 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.

Staff recommends the Board conduct the public hearing and gather public comment.