This is a zone change that will amend several sections of the Billings, Montana City Code (BMCC) regarding definitions for community residential facilities and regulating where correctional facilities – public and private – may or may not be located. The proposed amendments to definitions will update the regulations to mirror the state law definitions for community residential facilities and eliminate a conflicting definition of rehabilitation centers, a definition that dates to 1972. The amendments to Sections 27-305 and 27-306 will change where public and private correctional facilities may be located. Council Member Ulledalen initiated this amendment on April 9, 2007, and the Council approved the initiative. The Zoning Commission conducted a public hearing on March 6, 2012, and is forwarding a recommendation of approval on 4-0 to vote.

The City Council may:
1. Approve the zone change
2. Deny the zone change
3. Allow withdrawal of the zone change
4. Delay action for up to thirty (30) days

There should not be any financial impact to the City from this zone change to the text of the regulations.

Community Residential Facilities
The current code has been amended several times over the years to address specific requirements of state law for community residential facilities. The state law protects these uses because they provide essential home-based services for individuals that may be disabled or provide other essential home-based services for children or older persons. These facilities are protected under MCA 76-2-411 and 76-2-412 from being “zoned out” of residential areas or more stringent requirements placed on where such facilities can be located. State law does allow communities to require a conditional use (special review) for facilities that provide services to more than 8 individuals. While state law has been updated periodically, the local regulations and definitions have not kept pace. The amendments will align our local regulations with state law.

The zoning regulations contain a definition that pre-dates the state law definitions in this area. The code currently has a definition of a “rehabilitation center” that overlaps and does not align with state law definitions and has caused confusion for enforcement and administration of the code. The definition of a “rehabilitative center” has been in the zoning code since 1972. The definition of a “rehabilitative center” remained in the code after definitions for community residential facilities were added in 1987. The definition was amended to remove any reference to “drug or alcohol addiction” in 1992 along with changes to the definition of a “community residential facilities”. (Ordinance 92-4896) No other changes have been made since 1992. The amendment proposes to delete this definition from the code since it is duplicative and confusing.

Correctional Facilities – Public and Private
In 2006 and 2007, the City Council was concerned that public and private correctional facilities were being unnecessarily located in one zoning district – the South 27th Street Corridor. The City Council was concerned that a major entryway to the city was being over-utilized for these institutional uses, when other districts were available and perhaps better suited for these uses. Two sections of the Commercial and Industrial Uses matrix found in 27-306 regulate where public and private correctional facilities may be allowed. The current code allows private correctional facilities (SIC 8744) by special review approval in 3 districts – South 27th Street Corridor, Public and Controlled Industrial (CI). Similarly, the code allows public correctional facilities (SIC 9223) by special review approval in the South 27th Street Corridor, Public and CI. Any public correctional facilities can – under provision of MCA 76-2-402 (Land Use Contrary to Zoning) – be located in any zoning district by conducting a public hearing before the Board of Adjustment prior to initiating the project.
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.
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.     
The proposed amendments would eliminate public or private correctional facilities as a special review use in the South 27th Street Corridor and eliminate public correctional facilities from the CI zone. Existing private correctional facilities could continue in their current locations and could be re-built if damaged or destroyed. However, the amendment would not allow expansion of those existing private correctional facilities or the location of any new private correctional facilities in this zoning district. Halfway houses including supervised release programs operated by organizations such as Alternatives, Inc. would still be an allowed use in all Commercial and Industrial zoning districts. These uses are classified in SIC 83 – Social Services. Private correctional facilities are distinct and separate from these uses and would not be allowed in the South 27th Street Corridor by this amendment.

The Planning Division has worked with the City Attorney to carefully craft these amendments to address the concerns of the City Council and protect the rights of individuals as enumerated in state and federal law. The Planning Division recommended approval to the Zoning Commission and the Zoning Commission concurred with this recommendation.

The Zoning Commission conducted a public hearing on March 6, 2012, and received testimony from Mary Westwood and Mike Yakawich. Mary Westwood stated she was in favor of the recommended changes. She stated the South Side neighborhood, where she lives, was interested in improvements and the proposed changes were not a vote against the existing facilities in the South 27th Street Corridor. Ms. Westwoood stated she has been the secretary of the South Side Neighborhood Task Force for 7 years but she is speaking as a neighbor and not for the task force. Ms. Westwood stated she volunteers at Passages to teach reading and writing to the clients and she stated the facility is well run and a good neighbor. She stated although the facility is well run some of the people that hang around - such as relatives or friends of the Passages clients - have caused some problems. Ms. Westwood stated the community must support the women who are trying to turn their lives around. She agreed the rest of the community should be able to share correctional facilities and welcomes the opportunity to attract other types of businesses to the South 27th Street Corridor.

Mike Yakawich testified in favor of the proposal. He stated he was the Chair of the South Side Neighborhood Task Force but the task force has no position on the proposal at this time. Mr. Yakawich stated he was speaking as a private person and not the task force. He stated the existing facility at Passages was a good neighbor but he believed the rest of the community should also help support these types of facilities.

The Zoning Commission is forwarding a recommendation of approval on a 4-0 vote.

Prior to any action to approve or disapprove, the City Council will consider the recommendation of the Zoning Commission, and consider the testimony provided at the public hearing.

The Growth Policy recommends updating regulations to provide predictable land uses throughout neighborhoods and to provide compatible uses within those districts. The intent of the South 27th Street Corridor district is to provide "a major entrance from Interstate 90 into the Central Business District, major medical facilities, college campuses and Logan International Airport.  This corridor is, very often, the first impression a visitor has when visiting the City of Billings. The intent of the South 27th Street Corridor Zoning District is to promote attractive, high quality development within this corridor that will provide an appealing image of the City of Billings to the traveling public and community." (Section 27-801, BMCC) The Corridor is host to most of the public and private correctional facilities within this region including the Montana Women's Prison, the BASC unit at Passages, and the Youth Detention Facility. The Council has stated its intent to limit the location of new private or public correctional facilities to districts other than the South 27th Street Corridor.