In March of 2017 the applicant applied for a zoning permit to construct a tri-face billboard sign at the corner of Westover Road and 4-J Road.  The March 14, 2017 zoning application was granted with conditions.  The conditions were as follows:

1. The total combined advertisement square feet (area) shall not exceed 680 square feet for all conventional billboards and electronic graphic display signs to be located on this structure in accordance with Section 10.f.(1)(g) of the City Zoning Ordinance.  The total combined area of all advertisement panels as proposed is 900 square feet on the plans submitted.  Please reduce the advertisement area accordingly.
2. The electronic graphic display sign panel shall not exceed 340 square feet in total area.
3. Based on the configuration of this structure, only one electronic graphic display panel is allowed in accordance with Section 10.f.(1)(I)(10) of the City Zoning Ordinance.

The permit applicant, in a written statement, indicated “I reserve the right to apply for a variance on the square footage total.”

Based upon the City of Gillette Zoning Ordinance Variance and Appeal process (Sections 5.i.(1) and 5.j.(1)), an applicant has a right to appeal or apply for a variance when,

1. A zoning permit has been denied.
2. The applicant files a variance and appeal request within ten (10) days of the denial of a zoning permit.

Because neither of these criteria were met, and the gross advertising area exceeded the maximum allowable area by 220 square feet, the applicant was required to remove or reduce the advertising area on one (1) side of the tri-faced billboard located at the corner of Westover Road and 4-J Road. In communication with the Department of Development Services staff and the City Attorney, it was determined the best course forward was for the applicant to apply for a zoning text amendment.

The applicant is requesting the following zoning text amendment:

• Amend Section 16. DEFINITIONS (sss) (1) to include the following:

(b) Tri-Face Billboards:  a Billboard with three (3) advertising faces supported by one (1) or more uprights, poles, or braces in or upon the ground, and not attached to any building.

(c) Billboards shall not exceed a maximum of three (3) advertising faces.

• Amend Section 10.f.(1).(g) to include the following:

(1)   See Section 10.f.(1).(m) for Tri-Face Billboard measurement limits and 10.g for further billboard measurement guidance.

• Amend Section 10.f.(1) to include the following:

(m) Tri-Face Billboards:  Tri-Face Billboards shall be permitted with the same spacing and placement requirements as all other billboards as listed in Section 10.  The total advertising area of a tri-face billboard shall not exceed 900 square feet.  Per Section 10.f.(1).(l).(10), one (1) Electronic Graphic Display (maximum of 340 square feet of advertising space) shall be allowed as part of a tri-face billboard’s total advertising area.

• Amend Exhibit 10-2 as shown in Exhibit.