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Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Doug Riley, Associate Planner
Wendy Thomas, Director of Community Development
SUBJECT: Bozeman School District – Sacajawea Middle School Sign
Exemption – Z13157
MEETING DATE: August 26, 2013
AGENDA ITEM TYPE: Other Public Hearing
RECOMMENDATION: The City Commission receives the sign permit and conducts a public
hearing on the exemption the School District is claiming under M.C.A. Section 76-2-402. (Other
than conducting a public hearing, no official motion is required by the City Commission).
BACKGROUND: The Bozeman School District has submitted a sign permit and is claiming
an exemption under Montana Code Annotated (M.C.A.) Section 76-2-402 for the construction of
an electronic message sign at the Sacajawea Middle School on South 3rd Avenue. This sign is
proposed to replace the current reader board shown in the packet materials.
Montana law (M.C.A. Section 76-2-402) addresses the relationship of municipal zoning
regulations to a school district’s use of land. The law requires a public hearing whenever land is
to be used contrary to zoning regulations. The statute expressly provides that a municipality
“shall have no power to deny the proposed use but shall act only to allow a public forum for comment on the proposed use.” The School District has historically sought exemptions from miscellaneous zoning or development standards and the requirement for a public hearing before
the City Commission on such exemptions was specifically included in the 2012 Interlocal
Agreement executed between the School District and the City.
In this regard, the School District is claiming an exemption to Section 38.28.030.A.5 of the Bozeman Municipal Code (BMC) which prohibits electronic message signs. Public noticing has been completed per the requirements of the BMC.
UNRESOLVED ISSUES: As identified by the City Commission.
FISCAL EFFECTS: None identified.
Attachments: Applicant’s submittal materials
Report compiled on: August 15, 2013
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