[Ord. No. 777 §26-1, 3-23-1994]
This Chapter shall be known and may be cited as the "City of
Billings Land Development Regulations".
[Ord. No. 777 §26-2, 3-23-1994]
A.
This
Chapter is adopted pursuant to the authority contained in Chapter
89, RSMo.
B.
The
purpose of this Chapter is to protect the public health, safety and
general welfare, to promote good planning and land development practice,
to conserve the City's resources, to facilitate the provision of adequate
public improvements and to promote efficient expenditure of public
financial resources.
C.
The
provisions of this Chapter shall be administered to ensure orderly
growth and development of the City and shall supplement and implement
the policies of the City of Billings Comprehensive Plan, other planning
documents and capital budget.
[Ord. No. 777 §26-3, 3-23-1994]
This Chapter shall be effective throughout the City's planning
jurisdiction which comprises the area within the corporate boundaries
of the City of Billings.
[Ord. No. 777 §26-4, 3-23-1994]
This Chapter shall be in full force and effect from and after
passage, March 23, 1994.
[Ord. No. 777 §26-5, 3-23-1994]
A.
Reasonable
fees to cover the costs of administration, inspection, publication
of notice and similar matters may be charged to applicants for zoning
amendments, conditional use permits, subdivision plat approval, appeals
and variances. A list of all established fees related to land development
is available at Billings City Hall.
[Ord. No. 777 §26-6, 3-23-1994]
The burden of proof shall be upon the applicant in all proceedings
pursuant to this Chapter. It is presumed that the applicant has knowledge
of the requirements of this Chapter and the applicant is obligated
to meet the requirements unless a variance is granted. Failure to
meet the requirements is one (1) reason for denial of an application.
[Ord. No. 777 §26-7, 3-23-1994]
A.
In
their interpretation and application, the provisions of this Chapter
shall be held to be the minimum requirements. More stringent provisions
may be required if it is demonstrated that different standards are
necessary to promote the public health, safety and general welfare.
B.
Where
the conditions imposed by any provision of this Chapter are either
more restrictive or less restrictive than conditions imposed by any
other provision of this Chapter or other applicable law, ordinance,
rule or regulation, the regulations which are more restrictive and
which impose a higher standard shall govern.
C.
The
provisions of this Chapter are separable. If any Section, sentence,
clause or phrase of this Chapter is for any reason held to be invalid
by a court of competent jurisdiction, the decision shall not affect
the remaining portions of this Chapter.
[Ord. No. 777 §26-8, 3-23-1994]
A.
Except
as hereinafter specified:
1.
No land shall be used except for a purpose permitted in the district
it is located.
2.
No building shall be erected, converted, enlarged, reconstructed,
moved or structurally altered, nor shall any building be used, except
for a use permitted in the district in which such building is located.
3.
No building shall be erected, converted, enlarged or structurally
altered, except in conformity with the off-street parking and loading
regulations of the district in which such building is located.
4.
The minimum yards, parking spaces and open spaces, including lot
area per family, required by this Chapter for each and every building
existing at the time of passage of this Chapter or for any building
hereafter erected shall not be encroached upon or considered as part
of the yard or parking space or open space required for any other
building, nor shall any lot area be reduced below the requirements
of this Chapter for the district in which such lot is located.
5.
Every building hereafter erected or structurally altered shall be
located on a lot as herein defined and in no case shall there be more
than one (1) main building on one (1) lot except as specifically provided
hereinafter.
6.
Except as hereinafter specified, any use, building or structure existing
at the time of the passage of this Chapter may be continued, even
though such use, building or structure may not conform with the provisions
of the regulations for the district in which it is located.
7.
No person shall divide a tract or parcel of land or a lot into two
(2) or more lots, tracts or parcels, nor shall any person install
a new street, alley, easement, water line, sewer line or any other
public improvement except in conformity with the requirements of this
Chapter.
8.
No owner of any land or agent of the owner shall transfer, sell,
offer or agree to sell any land by reference to or by use of a property
description nor shall any person purchase such land or agree to purchase
such land before such property description has been approved and recorded
in the Christian County Registry in accordance with this Chapter.
9.
No property description of any subdivision shall be recorded in the
Christian County Registry or have any validity until it shall have
been approved in accordance with this Chapter.
