City Variance 1326 – 2801 3rd Ave N – EMD sign size - A variance from 27-705.C.3.a, requiring an Electronic Message Display sign to be part of a permanent graphic display wall sign and when not part of a permanent graphic display to have a frame of not less than 8-inches in width, to allow two EMD wall signs (one for each street frontage) to not be part of a permanent graphic wall sign, and to have a frame of less than 8-inches, in a Central Business District (CBD) zone, on Block 45, Lot 1A, Billings Original Townsite, an 17,812 square foot parcel of land. The purpose of the variance is to allow two electronic message display (EMD) signs of 34 square feet each. Tax ID: A00262. Presented by Karen Husman, Planner I

Staff has reviewed this application and after consideration is recommending conditional approval.  The criteria for making a recommendation to the BOA are not clearly determined in this case.  The determinations made by staff could indicate a recommendation of approval or denial.  Staff believes a recommendation of conditional approval would allow restrictive conditions to reduce the potential impact of the EMD sign at a busy intersection in downtown Billings.

OWNERS: Fox Theater Corp.
AGENT: Tony Duncan, Sign Products
PURPOSE: EMD signs on N Broadway and 3rd Avenue North
LEGAL DESCRIPTION: Block 45, Lot 1A, Billings Original Townsite
ADDRESS:  2801 3rd Ave N
EXISTING LAND USE: Alberta Bair Theater
PROPOSED LAND USE:  Same
EXISTING ZONING: CBD

Sign permit - PLNX-20-03553

SUBJECT PROPERTY	VARIANCE #	DATE	FOR	APPROVED (Y/N)	ADDITIONAL DATA
None
SIMILAR PROPERTY
Blk 91, Lts 13-18 OT	133	03/29/1977	Sign in Clear Vision area	Y	CBD
Blk 111, Lts 1&2 OT	464	03/27/1989	Sign code var	Y	CBD
Blk 94, Lts 11& 12 OT	512	02/03/1987	Wall sign	N	CBD
Blk 108, Lts 9 & 10 OT	580	12/27/1988	2 wall signs	N	CBD
2075 Central	634	03/05/1991	Sign size	N	RP
503 Wicks Lane	731	03/05/1996	Sign size	Y	RP
2139 Broadwater	753	10/07/1997	Sign size	Y	RP
2201 St. Johns Ave	762	04/07/1989	Sign size	Y	Public
2244 Central	777	09/01/1988	3 freestanding signs& separation	Y
1029 Main St.	791	03/03/1999	sign setback 0' & height	Y	HC
2376 Main St.	799	06/01/1999	sign size & height	Y	HC
2376 Main St.	799	06/01/1999	Sign size	Y	HC
1111 24th St. W.	810	10/05/1999	Sign size	Y	RP
2455 Central	813	03/07/2000	sign size & SB	Y
1145 North 19th St.	901	07/01/2003	Sign size	N	Med. Cor.
Blk 93, Lts OT	967	10/04/2005	Sign Project over ROW	Y	CBD
Blk 91, Lts 7A, 8-13 OT	975	12/06/2005	Sign Project over ROW	N	CBD
Blk 91, Lts 7A, 8-13 OT	975	02/21/2006	Appealed	Y	CBD
1101 Shiloh Cr. Blvd.	1112	12/07/2011	Sign size	Y	CI
2612 Belknap Ave	1124	07/11/2012	Sign size	Y	27th Corridor
2105 Central	1129	09/05/2012	Sign size	Y	RP
2345 King Ave	1233	07/16/2016	Sign size	Y	RP
100 Brookshire unit 1	1291	01/01/2019	sign area 116 sf	Y
1101 Shiloh Cr. Blvd.	1112	12/07/2011	Sign size	Y	CI
2612 Belknap Ave	1124	07/11/2012	Sign size	Y	27th Corridor

NORTH: Zoning: CBD
Land Use: Church 
SOUTH: Zoning: CBD
Land Use: Commercial
EAST: Zoning: CBD
Land Use: Commercial 
WEST: Zoning: CBD
Land Use: Commercial offices

This is a variance request to allow two EMD wall signs (one for each street frontage) to not be part of a permanent graphic wall sign, and to have a frame of less than 8-inches. Section 27-705.C.3.a, requires an Electronic Message Display sign to be part of a permanent graphic display wall sign and when not part of a permanent graphic display, to have a frame of not less than 8-inches in width. The purpose of the variance is to allow two electronic message display (EMD) signs of 34 square feet each. The signs would be along the marquee frontage at the corner of the building at 3rd Ave N and N Broadway. This corner of the building is very close to the traffic signal so conditions of approval are recommended to ensure the sign does not interfere with traffic safety at the intersection. N Broadway handles over 4,000 vehicle trips per day at this intersection in addition to the west-bound traffic on 3rd Ave North. This amount of traffic along with pedestrian crossings on all four legs of this intersection requires drivers to be focused and attentive to the travel environment.

There have been several types of sign variance requests within the City.  Some have been granted, some have not.  There have not been any applications for an Electronic Message Display sign variance.  Staff has reviewed this application and after consideration is recommending conditional approval.  The criteria for making a recommendation to the BOA are not clearly determined in this case.  The determinations made by staff could indicate a recommendation of conditional approval or denial.  Staff believes a recommendation of conditional approval would allow restrictive conditions that will reduce the impact of the EMD sign at a busy intersection in downtown Billings.

DETERMINATIONS
Prior to approval, the Board of Adjustment shall ensure that the determinations for variances, as outlined below, have been satisfied:
 
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;
The subject property does not have special conditions or circumstances that are unique or different from other properties in the same zoning district.  The applicant would like to place two Electronic Message Display (EMD) signs on a building without meeting the specific conditions under 27-705.C.3.a. The purpose of the variance is to allow two EMD signs of 34 square feet each.
 
 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;
There have been no other variance requests in the City of Billings for EMD signs.  There have been several variances for sign size, some have been granted, some have not. There have been sign code variances to exceed the number of signs allowed and freestanding sign height.
 
 3.   That granting the variance requested will not confer on the applicant any special privilege that is denied by this Chapter to other land in the same district;
The granting of this variance would confer a special privilege since properties that are zoned similarly and are located in the same area have complied with the sign limitations for EMD signs

4.  That the granting of the variance will be in harmony with the general purpose and intent of this Chapter and with the Growth Policy;
Granting this variance will meet the general purposes and intent of the Growth Policy.  Granting this variance will not meet the general purposes and intent of the Zoning Regulations for EMD signs.
 
5.  In granting any variance, the Board may prescribe appropriate conditions and safeguards in conformity with this Chapter. 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 Chapter;      
Staff is recommending approval with the following conditions:

1. The variance is to allow two EMD wall signs (one for each street frontage of no more than 34 square feet each) to not be part of a permanent graphic wall sign, and to have a frame of less than 8-inches. No other variance is intended or implied by this approval.
2. The variance applies to Block 45, Lot 1A, Billings Original Townsite, generally located at 2801 3rd Avenue North.
3. The proposed EMD signs will be located and oriented in substantial conformance with the submitted site plan.
4. The EMD will be static display only, with a hold time of no less than 1 minute for each message.
5. There will be no changing messages between 10:00 P.M. and 7:00 A.M. A single static message may be displayed during this time.
6. No video or animated display will be shown at any time.
7. The applicant will update its pending sign permit within six months of the Board of Adjustment approval of the variance.
8. The signs will be installed within 1 year of Board of Adjustment approval of the variance.
9. After installation, the EMD signs will remain functional at all times.  If at any time the display is broken or inoperable for 30 days, the sign will be repaired or it will be removed permanently.
10. Failure to begin or complete actions required by this approval within the time limits set forth shall void this variance.  
11. 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.  

6.  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; and
Staff is recommending the applicant/agent have 1 year to install the EMD signs.

7.  Under no circumstances shall the Board grant a variance to allow a use not permissible under the terms of this Chapter 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. EMD signs are allowed in this zoning district.  

Staff has reviewed this application and after consideration is recommending conditional approval.  The criteria for making a recommendation to the BOA are not clearly determined in this case.  The determinations made by staff could indicate a recommendation of approval or denial.  Staff believes a recommendation of conditional approval would allow restrictive conditions that will reduce the impact of the EMD sign at a busy intersection in downtown Billings.