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Record of Proceedings

Butte-Silver Bow Zoning Board of Adjustment Meeting - March 19, 2026

Council of Commissioners & Committees — Thursday, March 19, 2026

BodyButte Silver Bow, Montana

SessionCouncil of Commissioners & Committees

DateThursday, March 19, 2026

StatusFILED

Video Record

0:00 / 1:28:00

Transcript — VerbatimClick a timed line to jump · ⧉ to share it

1:46

All right, is staff ready or should we do this?

1:49

Okay.

1:50

All right, so it's uh five thirty on March nineteenth, twenty twenty six.

1:55

I'll bring the uh zoning board of adjustment meeting on this day to order.

2:00

Um start with some quick introductions.

2:03

We have almost a full complement of board members.

2:06

We've got Garrett, Heidi, Shanna, Justin, and Mike, and myself, I'm Stephen Co.

2:12

We have staff here with uh Julia sitting there, the planning director, Aidan, um Joella, and Becky over at the computer.

2:24

Um with that, uh, we have a slew of minutes that it that were sent out with our packet.

2:32

Um has everybody had a chance to look at those to their liking.

2:39

A lot of head nods, we'll go with that.

2:42

Um with that, I'd entertain a motion to uh accept or approve the uh the minutes.

2:52

Um approve the minutes as listed in the agenda.

2:59

I will second that.

3:00

All right, thank you.

3:01

We have a motion and a second.

3:02

Anybody want to discuss anything before we ask for a vote.

3:06

Very good.

3:07

Um with that I'll ask for um this we don't have a thing for this, we'll just ask for a yay-nay vote on this.

3:14

So um everybody uh in favor of approving the motion, please indicate by saying aye.

3:22

Aye.

3:23

All opposed, same sign.

3:25

Motion passes.

3:27

Minutes are approved.

3:29

Uh moving on to the next agenda item is hearing of cases and appeals.

3:34

First thing we have up is appeal twenty-five oh two.

3:38

Um and Joella, do you have a report for us or a presentation?

3:43

I do, Mr.

3:44

Chair, thank you.

3:48

So the first item on the agenda is an appeal of the zoning officer's decision um to deny an application for a variance for a property located at five eleven East Front Street.

4:01

Um, for an off-premise billboard sign.

4:04

The applicant is TLC properties, and the representative is Eric Sweet.

4:12

A little bit of background.

4:13

Um on October 24th, 2025, plowing planning staff did deny an application for a variance.

4:21

Staff had determined the proposal to convert an existing legal non-conforming static billboard sign to a digital sign in the commute in the commercial light industrial zone does not comply with section 1742 sixty and seventeen forty-two seventy of the Butte Silverbow Municipal Code.

4:40

As such, the proposal does not meet the criteria for approval of a variance.

5:01

Again, the proposal is for TLC properties.

5:06

It's appealing the zoning zoning officer's determination denying a variance to convert an existing legally non-conforming off-premise static billboard to a digital display sign within the CM zone.

5:20

And it's located at 511 East Front Street.

5:23

The applicant's proposal to convert the 230 square foot, 30 foot tall, two-pull static billboard to a digital display sign of the same size, and the applicant has stated that the proposal maintains the current nonconformity by retaining the sign's area and height.

5:42

The proposal includes replacing the existing two pole with a monopole and alters the billboard from a static sign to an illuminated sign.

6:06

Directly to the south of that is also CM.

6:11

This is a photo of the sign as it is currently existing.

6:21

The sign is located in the executive village parking lot, directly to the south of executive village on Front Street.

6:33

The staff's decision on October 24th of 2025, staff issued a denial for a variance based on the following.

6:57

Illumination is prohibited in the CM zone, allowing illumination would increase rather than reduce the signs nonconformity.

7:06

Nonconforming signs may be relocated, replaced, or altered, except towards compliance.

7:13

The proposal is to allow illumination and make structural changes from a two-pole to a monopole, which does not make the sign more conforming, which is in relation to section 174270 of Butte Silverbow Municipal Code.

7:31

Section 174260C permits billboards along federal aid primary highways or interstate highways in the C2 zone M1, M2 or RM2 only.

7:44

While the existing billboard predates zoning and is therefore legally nonconforming, the proposed changes are not a permitted use in this in the CM zone.

7:55

The sign is located approximately 214 feet from an R2 or a two-family residential zone that's located directly to the north, which fails to meet the 500-foot minimum separation required by section 174260C.

8:16

The Butte Silver Bow 2021 Comprehensive Plan reflects community input and the public's desire to limit off-site advertising, prohibiting billboards and flashing signage in the historic district, and to revise the existing ordinance to keep beauty and views of the surrounding mountains limiting billboards.

8:37

Approval of this request would conflict with the community's stated goals to minimize visual impacts, reduce light intrusion, and limit the proliferation and intensity of billboard signage.

8:51

The powers of the board, section 7114-1E of the MCA provides that a local government with self-governing powers, which includes Butte Silver Bow must comply with all state laws that require or regulate planning or zoning.

9:08

Montana Code annotated as well as Section 1754, Board of Adjustments of the Butte Silver Bow Municipal Code defines the power of the board as follows.

9:20

To hear and decide appeals where it is alleged there is an error in an or in any order requirement decision or determination made by the enforcing officer in the enforcement of this chapter of the title.

9:34

To hear and decide special exceptions to the terms of this title upon which such board is required to pass under such ordinance to authorize upon appeal in specific cases such as variants from the terms of this title as will not be contrary to public interest, where owing to special conditions, a literal enforcement of the provision of title will result in unnecessary hardship, and so that the spirit of this title shall be observed in substantial justice done.

10:00

And so that the spirit of this title shall be observed and substantial justice done.

10:06

In exercising the above-mentioned powers, such board may, in conformity with the provisions of this title, reverse or affirm wholly or partly or modify the order requirements decision or determination appealed from and may make such order requirements decision or determination as ought to be made and to that end shall have all the powers of the officers from the whom the appeal is taken.

10:37

It's everything.

Discussion Breakdown — Share of Meeting

Engineering And Infrastructure██████████████████████████████████████38%

Zoning And Land Use██████████████████████████████30%

Procedural███████████████15%

Historic Preservation███████7%

Public Safety███3%

Pending Litigation██2%

Environmental Protection██2%

Public Engagement██2%

Fire Services█1%

Summary of Proceedings

Butte-Silver Bow Zoning Board of Adjustment Meeting - March 19, 2026

The Butte-Silver Bow Zoning Board of Adjustment met on March 19, 2026, at 5:30 PM to consider an appeal, a variance, and three conditional use permits. Board members present: Stephen Coe (Chair), Garrett, Heidi, Shanna, Justin, and Mike. Staff present: Julia (Planning Director), Aidan, Joella, and Becky. The meeting began with approval of previous meeting minutes.

Consent Calendar

Approval of Minutes: The board voted unanimously to approve the minutes from previous meetings as listed in the agenda packet.

Public Comments & Testimony

Appeal 25-02 (Digital Billboard): Two representatives from Lamar Advertising, Eric Sweet and Allie Carly, spoke in favor of the appeal. They argued the conversion would improve aesthetics (changing two-pole to monopole), maintain size, and provide community benefits such as Amber alerts, missing persons notifications, and emergency messaging. No public opposition was voiced.
Variance 26-05 (Residential Addition): No public comments.
Conditional Use 26-01 (Short-Term Rental, 117 Rocky Mountain Lane): No public comments.
Conditional Use 26-07 (Restaurant, 1301 Ka Avenue): Will Pizanti, building owner, spoke in favor, noting the building was vacant for 40 years and is being renovated to support first-time entrepreneurs. No opposition.
Conditional Use 26-08 (Short-Term Rental, 2907 Elizabeth Warren Avenue): No public comments in person, but the board noted one written opposition received prior to the meeting.

Discussion Items

Appeal 25-02 – TLC Properties / Lamar Advertising (511 East Front Street): The applicant appealed the zoning officer’s denial of a variance to convert an existing legally non-conforming static billboard to a digital display in the CM zone. Staff presented reasons for denial: illumination is prohibited in CM, the change would increase nonconformity, the sign is within 214 feet of an R2 zone (violating 500-foot separation), and the proposal conflicts with the Comprehensive Plan’s goals to limit billboards. The applicant argued the change would improve aesthetics, reduce light intrusion via downward-facing technology, and maintain size. Board discussion: Chair Coe leaned toward upholding the denial, citing non-conformity with existing rules. Members Garrett and Heidi agreed. Shanna noted the sign is not in harmony with the historic district and referenced a past digital billboard that was removed due to public opposition. Justin and Mike emphasized the board’s role is to enforce the law as written, not to promote progress. The board voted 4-1 to deny the appeal, meaning the zoning officer’s decision stands. The applicant was informed they may have recourse through district court (to be confirmed by staff).
Variance 26-05 – Ready S. Frost (2000 Roberts Avenue): The applicant sought a variance from setback and lot coverage requirements to build an addition on a legal non-conforming residence in the C2 zone. Staff recommended approval, finding the hardship (elevated concrete basement along property line, pre-1945 construction) met the criteria. The applicant stated the addition would address water intrusion, mold, and allow for renovations. Board members expressed support, noting the project would not increase impervious coverage and that the applicant worked with staff. The variance was approved unanimously.
Conditional Use 26-01 – Brent Choquette (117 Rocky Mountain Lane): Application for a short-term rental (Airbnb) in a single-family residence in the R1 zone. Staff recommended approval with standard conditions (public accommodation license, visible address, occupancy limits). The applicant’s brother, Mark Choquette, represented, confirming no parties, 10 PM curfew, and acceptance of conditions. A neighbor suggested improving address visibility due to non-sequential numbering. The board approved unanimously.
Conditional Use 26-07 – Jean Baer (1301 Ka Avenue): Application for a commercial restaurant (sandwich shop) in a multi-unit building in the CM zone. The applicants own Homestake Pub. Staff recommended approval, noting the use conforms to the Comprehensive Plan’s North Corridor place type and would not cause undue detriment. The board expressed enthusiasm for the project and approved unanimously.
Conditional Use 26-08 – Jessica Holmes (2907 Elizabeth Warren Avenue): Application for a short-term rental in a single-family residence in the R1 zone. Staff recommended approval with standard conditions. The applicant noted the property was purchased in September 2024 and is being renovated. A written opposition was received but not read aloud. The board approved unanimously, with a suggestion to use the Elizabeth Warren address exclusively for wayfinding.

Key Outcomes

Appeal 25-02 Denied (4-1 vote): The board upheld the zoning officer’s denial of a variance for a digital billboard. The applicant may appeal to district court.
Variance 26-05 Approved (unanimous): Allowed construction of a residential addition with reduced setbacks and increased lot coverage, subject to conditions.
Conditional Use 26-01 Approved (unanimous): Short-term rental at 117 Rocky Mountain Lane, with standard conditions.
Conditional Use 26-07 Approved (unanimous): Restaurant at 1301 Ka Avenue, with standard conditions.
Conditional Use 26-08 Approved (unanimous): Short-term rental at 2907 Elizabeth Warren Avenue, with standard conditions.
The meeting adjourned after all items were addressed.

Meeting Transcript

All right, is staff ready or should we do this? Okay. All right, so it's uh five thirty on March nineteenth, twenty twenty six. I'll bring the uh zoning board of adjustment meeting on this day to order. Um start with some quick introductions. We have almost a full complement of board members. We've got Garrett, Heidi, Shanna, Justin, and Mike, and myself, I'm Stephen Co. We have staff here with uh Julia sitting there, the planning director, Aidan, um Joella, and Becky over at the computer. Um with that, uh, we have a slew of minutes that it that were sent out with our packet. Um has everybody had a chance to look at those to their liking. A lot of head nods, we'll go with that. Um with that, I'd entertain a motion to uh accept or approve the uh the minutes. Um approve the minutes as listed in the agenda. I will second that. All right, thank you. We have a motion and a second. Anybody want to discuss anything before we ask for a vote. Very good. Um with that I'll ask for um this we don't have a thing for this, we'll just ask for a yay-nay vote on this. So um everybody uh in favor of approving the motion, please indicate by saying aye. Aye. All opposed, same sign. Motion passes. Minutes are approved. Uh moving on to the next agenda item is hearing of cases and appeals. First thing we have up is appeal twenty-five oh two. Um and Joella, do you have a report for us or a presentation? I do, Mr. Chair, thank you. So the first item on the agenda is an appeal of the zoning officer's decision um to deny an application for a variance for a property located at five eleven East Front Street. Um, for an off-premise billboard sign. The applicant is TLC properties, and the representative is Eric Sweet. A little bit of background. Um on October 24th, 2025, plowing planning staff did deny an application for a variance. Staff had determined the proposal to convert an existing legal non-conforming static billboard sign to a digital sign in the commute in the commercial light industrial zone does not comply with section 1742 sixty and seventeen forty-two seventy of the Butte Silverbow Municipal Code. As such, the proposal does not meet the criteria for approval of a variance. Again, the proposal is for TLC properties. It's appealing the zoning zoning officer's determination denying a variance to convert an existing legally non-conforming off-premise static billboard to a digital display sign within the CM zone. And it's located at 511 East Front Street. The applicant's proposal to convert the 230 square foot, 30 foot tall, two-pull static billboard to a digital display sign of the same size, and the applicant has stated that the proposal maintains the current nonconformity by retaining the sign's area and height. The proposal includes replacing the existing two pole with a monopole and alters the billboard from a static sign to an illuminated sign. Directly to the south of that is also CM. This is a photo of the sign as it is currently existing. The sign is located in the executive village parking lot, directly to the south of executive village on Front Street. The staff's decision on October 24th of 2025, staff issued a denial for a variance based on the following. Illumination is prohibited in the CM zone, allowing illumination would increase rather than reduce the signs nonconformity. Nonconforming signs may be relocated, replaced, or altered, except towards compliance. The proposal is to allow illumination and make structural changes from a two-pole to a monopole, which does not make the sign more conforming, which is in relation to section 174270 of Butte Silverbow Municipal Code. Section 174260C permits billboards along federal aid primary highways or interstate highways in the C2 zone M1, M2 or RM2 only. While the existing billboard predates zoning and is therefore legally nonconforming, the proposed changes are not a permitted use in this in the CM zone.

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