Variance 1244 –3165 King Avenue East– Land Use Contrary to Zoning - A request to conduct a public forum for the proposed expansion of the Yellowstone County Detention Facility. State law (MCA 76-2-402) requires a forum before the Board of Adjustment to receive public comment whenever a public agency proposes to use public land contrary to the adopted zoning regulations. The zoning regulations require a submittal for special review for any correctional institution (Section 27-306). The County will not be submitting a special review. The City Board of Adjustment has no power to approve, deny or attached conditions to the proposed use. The property is in a Public (P) zone described as Parcel 1A of C/S 1340, a 20.27-acre parcel of land. Tax ID: D01739 Presented by Karen Husman, Planner I.

State statute allows public agencies to use land contrary to zoning after a Public Forum is held by the local Board of Adjustment. The Board shall have no power to approve or deny the proposed use but shall act only to allow a public forum for comment on the proposed use.

OWNERS:                              Yellowstone County
AGENTS:                               Greg Erpenbach, Facilities Superintendent and Shutz Foss Architects                   
PURPOSE:                            Conduct a public forum for the proposed expansion of the Yellowstone County Detention Facility
LEGAL DESCRIPTION:        Parcel 1-A of C/S 1340
ADDRESS:                            3165 King Avenue East
EXISTING LAND USE:          Yellowstone County Detention Facility        
PROPOSED LAND USE:      Detention Facility Expansion
EXISTING ZONING:              Public
 

None

There have been 14 similar applications by public agencies to use land contrary to zoning since 2002. The applications include improvements to schools, fire stations, water facilities, the City of Billings Landfill, Dehler Park and the Billings Logan International Airport. The state law provision that exempts local agencies from local zoning compliance provides an opportunity for the public to provide comment and eliminates the need for one government authority to approve, deny or place conditions on the necessary public improvements of another public agency. Many public agency projects are subject to other permitting and development permissions ranging from financial authority and building code compliance to state and federal environmental policy conformance. These processes also offer the opportunity to provide public comment.

NORTH:   Zoning:        R-60
                  Land Use:  Residential Single Family
SOUTH:    Zoning:      R-150   
                  Land Use:  Residential Single Family
EAST:       Zoning:      R-150 & CI
                  Land Use:  Residential Single Family & Commercial
WEST:      Zoning:      R-150
                  Land Use:  Residential Single Family

Reasons
This is a request to conduct a public forum for the proposed expansion of the Yellowstone County Detention Facility. The zoning regulations require a submittal for special review for any correctional institution (Section 27-306). The County will not be submitting a special review. Use of land contrary to zoning is allowed by state statute MCA 76-2-402 after a Public Forum is held before the local Board of Adjustment. State law does not give the authority to the Board of Adjustment to approve or deny the request but does allow the Board to receive public comment on the use.
 
State Statute
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.
     History: En. Sec. 1, Ch. 397, L. 1981.

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.
     History: En. Sec. 2, Ch. 397, L. 1981.

State statute allows public agencies to use land contrary to zoning after a Public Forum is held by the local Board of Adjustment. The Board shall have no power to approve or deny the proposed use but shall act only to allow a public forum for comment on the proposed use.