County Special Zoning District 14, Special Exception 1- Grandkids Way -Shooting and Archery range– A Special Exception (also known as a Special Review) request to allow development of a Shooting and Archery range on S19, T02 S, R25 E, C.O.S. 3414, PARCEL 6A1, 540 acres of a 762.076 acre parcel of land. 
Presented by Karen Husman, Zoning Coordinator

The Planning staff is recommending denial of the requested special exception based on the general conformance with the adopted development plan for Special Zoning District 14.

OWNER: (Contract Buyer) Scott Cusanek
LEGAL DESCRIPTION: S19, T02 S, R25 E, C.O.S. 3414, PARCEL 6A1
ADDRESS: Unnassigned
CURRENT ZONING: Ag Under SZD 14
EXISTING LAND USE: Vacant Agricultural
PROPOSED USE: Gun & Archery Range
SIZE OF PARCEL: 540 acres of a 762.076 acre parcel of land.

None.

This is the first request for a Special Exception in any Special Zoning District. There is no applicable zoning history, other than the creation of SZD 14 itself. 

NORTH:	Zoning: Agricultural (Ag-O) Land Use: Residential Single family/ Ag
SOUTH:	Zoning: Agricultural (Ag-O) Land Use: Residential Single family/ Ag
EAST:	Zoning: Agricultural (Ag-O) Land Use: Residential Single family/ Ag
WEST:	Zoning: Agricultural (Ag-O) Land Use: Residential Single family/ Ag

Special Zoning District 14 (SZD 14) was adopted on August 2, 1977. All special zoning districts in the County are petition-initiated, allowing landowners to request that the Board of County Commissioners establish a district to regulate land uses within a defined area of at least 40 acres. Since adoption of this provision, the County has created 19 special zoning districts. Several have since been extinguished through annexation to the City of Billings, where municipal zoning was applied. In addition, Special Zoning District 19 was repealed at the request of landowners, who determined that the regulations were no longer necessary for their neighborhood west of Laurel. Special Zoning Districts 1 through 11 were dissolved through annexation. Currently, eight special zoning districts remain active.

SZD 14 includes four base zoning districts: Agricultural-Open Space (A-O), Residential Suburban (RS), Residential Mobile Home (RMH), and Public (P). At present, all parcels within SZD 14 are zoned Agricultural-Open Space (A-O).

The special exception process for special zoning districts differs from the review standards applied within the County’s 4.5-mile zoning jurisdiction surrounding the City of Billings. Montana Code Annotated (MCA) §76-2-203 outlines criteria and guidelines for zoning regulations within the 4.5-mile jurisdiction. By contrast, petitioned county zoning districts, such as SZD 14, are governed by MCA §76-2-104, which authorizes adoption of a development pattern for the physical and economic development of the district in order to further the health, safety, and general welfare of the community.

The applicant held a pre-application neighborhood meeting on August 27, 2025. Notices were mailed to all property owners within 300 feet of the site; however, no neighboring residents attended. For the public hearing, Planning staff mailed notices to surrounding property owners, published a legal advertisement, and posted the property with a Zoning Request sign. Staff received one written comment in opposition, submitted via email on September 19, 2025 (attached). No additional correspondence from surrounding property owners or the general public had been received as of the preparation of this report.

Planning staff finds that the proposed special exception is not consistent with the adopted development pattern for Special Zoning District 14 (SZD 14) and may adversely impact the health, safety, and general welfare of residents within the district. In addition, state requirements for gun and archery ranges may not adequately ensure appropriate safety measures in this context. The surrounding area is characterized by family ranches and homesteads with a significant presence of cattle and horses on neighboring properties. The introduction of a shooting and archery range in close proximity could pose risks to the safety of neighboring property owners and their livelihood activities.

The stated intent of the district is as follows:
Per;  Article I; Section 3. Purpose.
The zoning regulations, classifications, and districts set forth herein are adopted in accordance with Title 16, Chapter 41 of the Revised Codes of Montana, 1947.

The development pattern adopted herein is established for the purpose of furthering the health, safety, and general welfare of the people of the county. 

The development pattern, together with the accompanying maps, plats, charts, and descriptive matter, shall reflect the Planning and Zoning Commission’s recommendations for the development of the districts. Within some districts it shall be lawful, and within others it shall be unlawful, to erect, construct, alter, or maintain certain buildings, or to carry on certain trades, industries, or occupations. The height and bulk of future buildings, the future uses of land or buildings, and the establishment of future building setback lines shall also be regulated.

No planning district or recommendation adopted under this Act shall regulate lands used for grazing, horticulture, agriculture, or for the growing of timber; provided, however, that existing nonconforming uses may be continued, although not in conformity with such zoning regulations. 

The application is required under Special Zoning District 14, Article IV Table of allowed uses; Gun & Archery range- indoor and/or outdoor allowed in the Agricultural-Open Space zone with special exception approval.

Staff Finding:
The proposed special exception is inconsistent with the adopted development pattern of Special Zoning District 14 and may negatively impact the health, safety, and general welfare of residents within the district. While state regulations establish certain standards for gun and archery ranges, they may not provide adequate safeguards in this location. The surrounding area is characterized by family ranches and homesteads, with a substantial presence of cattle and horses on neighboring properties. A shooting and archery range in close proximity to these agricultural and residential uses presents potential safety risks to both residents and their livelihoods.
 

The Planning staff is recommending denial of the requested special exception based on the general conformance with the adopted development plan for Special Zoning District 14.