City of Billings, MO
Christian County
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Table of Contents
Table of Contents
[Ord. No. 777 §26-14, 3-23-1994]
A. 
Unless otherwise expressly stated, the following terms shall, for the purpose of this Chapter, have the meaning herein indicated. Where words have not been defined, the standard dictionary definition shall prevail. In interpreting the meaning of the regulations, the following general rules shall apply:
1. 
Words used in the present tense shall also include the future tense.
2. 
Words used in the singular number shall also include the plural and vice versa.
3. 
The word "shall" is mandatory.
4. 
The word "may" is permissive.
5. 
The words "used" or "occupied" shall be construed to include "intended, designed or arranged to be used or occupied".
6. 
Where reference is made to the regulations, it shall be construed to mean the regulations as originally passed in this Chapter and all subsequent amendments, supplements and revisions.
[Ord. No. 777 §26-15, 3-23-1994]
As used in this Chapter, the following terms shall have the following definitions:
ACCESSORY APARTMENT
A separate complete dwelling unit substantially contained within the structure of a single-family detached dwelling.
ACCESSORY STRUCTURE
A structure which:
1. 
Is subordinate to and serves a principal structure,
2. 
Is subordinate in area, extent or purpose to the principal structure,
3. 
Contributes to the comfort, convenience or necessity of occupants of the principal use, and
4. 
Is located on the same lot as the principal structure.
ACCESSORY USE
A use which:
1. 
Is subordinate to and serves a principal use,
2. 
Is subordinate in area, extent or purpose to the principal use,
3. 
Contributes to the comfort, convenience or necessity of occupants of the principal use, and
4. 
Is located on the same lot as the principal use.
ACRE
A measure of land containing forty-three thousand five hundred sixty (43,560) square feet.
AGRICULTURAL USE
The production, keeping or maintenance, sale, lease or personal use of plants and animals including, but not limited to: forages and sod crops; grain and seed crops; dairy animals and dairy products; poultry and poultry products; livestock, including beef, cattle, sheep, swine, horses, ponies, mules and goats, or any hybrids thereof, including the breeding and grazing of any or all kinds of such animals; bees and apiary products; fur animals; trees for forest products; fruits of all kinds; vegetables, nursery, floral, ornamental and greenhouse products; or land devoted to soil conservation or forestry management, but excluding feed lots, stockyards and animal slaughterhouses.
ALLEY
A public or private street primary designed to extend only secondary access to the side or rear of those properties whose principal frontage and access is on some other street.
ALTERATION
A physical change to one (1) or more the exterior features of a structure which includes, but is not limited to, the erection, construction, reconstruction or removal of any feature of the structure.
ALTERATION, STRUCTURAL
Any change in a supporting member of a building.
APPLICANT
A developer or any individual submitting an application for an amendment, permit or subdivision plat as required by this Chapter.
BASEMENT
That enclosed part of a building having at least two (2) feet of its height below the average grade of the adjoining ground.
BERM
A mound of earth, typically located in a buffer yard, to block noise, lights or other noises.
BOARD OF ADJUSTMENT
The appellate body appointed by Billings Board of Aldermen to assist in administration of this Chapter pursuant to Sections 89.010 — 89.170, RSMo.
BOARDING HOUSE
A building, other than a hotel or apartment, where, for compensation and prearrangement for definite periods, lodging, meals or lodging and meals are provided for three (3) or more persons, but not exceeding twenty (20) persons.
BUFFER YARD
A land area containing trees, shrubs and other plants, berms, fences or walls used to separate one use from another or to block noise, lights or other nuisances.
BUILDING
Any structure having a roof supported by columns or walls for the shelter or enclosure of persons or property.
BUILDING COVERAGE
The horizontal area measured within the exterior walls of the ground floor of all principal and accessory buildings on a lot divided by the gross area of the lot.
BUILDING HEIGHT
The vertical distance from the grade to the highest point of the coping of a flat roof or to the deck line of a mansard roof or to the mean height level between eaves and ridge for gable, hip and gambrel roofs.
BUILDING, PRINCIPAL
A building in which the primary use of the lot is conducted.
BULK STORAGE
The storage of chemicals, petroleum products and other materials in above ground containers for subsequent resale to distributors or retail dealers or outlets.
CITY
The City of Billings.
CLINIC
An establishment where human patients are admitted for examination and/or treatment by one (1) or more physicians, dentists, psychologists or social workers and where patients are not lodged overnight.
CLUSTER DEVELOPMENT
A development approach in which building lots may be reduced in size and buildings sited closer together, usually in groups or clusters, provided that the total development density does not exceed that which could be constructed on the site under conventional zoning and subdivision regulations. The additional land that remains undeveloped is devoted to prescribed common or public uses such as open space or recreation.
COMMISSION
The Billings Planning and Zoning Commission.
COMMON OPEN SPACE
Land within or related to a development, not individually owned or dedicated for public use, which is designed and intended for the common use or enjoyment of the residents of the development. It may include complementary structures and improvements.
COMPREHENSIVE PLAN
The Billings Comprehensive Plan which is a comprehensive, long-range plan intended to guide the growth and development of the City.
CONDITIONAL USE PERMIT
A permit issued by the Board of Aldermen that authorizes the recipient to make use of property in accordance with the requirements of this Chapter as well as any additional requirements imposed by the Board of Aldermen.
CONSTRUCTION
The act of adding an addition to an existing structure or the erection of a new principal or accessory structure on a lot or property.
DAY CARE CENTER
A building other than a family home in which more than ten (10) children are cared for, not related to the provider, for any part of a twenty-four (24) hour day. City of Billings license required; compliance with all provisions of State law governing child care facilities required.
DAY CARE HOME, FAMILY
A home, occupied by the day care provider, in which care is given to six (6) or less children, not related to the provider, for any part of a twenty-four (24) hour day. The maximum number of children under the age of two (2) years shall be three (3). City of Billings license required; compliance with all provisions of State law governing child care facilities required.
DAY CARE HOME, GROUP
A home, occupied by the day care provider, in which care is given to seven (7) but not more than ten (10) children, not related to the care provider, for any part of a twenty-four (24) hour day. The maximum number of children under the age of two (2) years shall be two (2), unless there is a full-time adult assistant, in which case the maximum number of children under the age of two (2) years shall be four (4). City of Billings license required; compliance with all provision of State law governing child care facilities required.
DENSITY
The permitted number of dwelling units per gross acre of land to be developed.
DEVELOPER
The legal or beneficial owner or owners of a lot or any land included in a proposed development. Also the holder of an option or contract to purchase or any other person having enforceable proprietary interest in such land.
DEVELOPMENT
A construction project involving substantial property improvement and, usually, a change of land use character within the site; the act of using land for building or extractive purposes.
DISTRICT
A part, zone or area within the City of Billings within which certain zoning regulations apply and are uniform.
DWELLING
A building or portion thereof designed exclusively for residential occupancy, excluding hotels, motels, boarding, rooming and lodging houses, travel trailer/recreational vehicles and tourists courts.
DWELLING, MULTI-FAMILY
A structure on a single lot containing three (3) or more dwelling units, each of which is totally separated from the other.
DWELLING, MULTI-FAMILY TOWN HOUSES
A multi-family residential use in which each dwelling unit shares a common wall, including, without limitation, the wall of an attached garage or porch, with a least one (1) other dwelling unit and in which each dwelling unit has living space on the ground floor and a separate ground floor entrance.
DWELLING, SINGLE-FAMILY DETACHED
A structure on a single lot designed for or occupied exclusively by one (1) family.
DWELLING, SINGLE-FAMILY PATIO HOME
A structure on a single lot that shares a common wall with a separate structure on an adjoining separate lot, each of which is designed for or occupied exclusively by one (1) family.
DWELLING, TWO-FAMILY (DUPLEX)
A structure on a single lot containing two (2) dwelling units each of which share a common wall, including, without limitation, the wall of an attached garage or porch, and in which each dwelling unit has living space on the ground floor and a separate ground floor entrance.
FAMILY
One (1) or more persons living and cooking together as a single housekeeping unit, provided that unless all members are related by blood, adoption or marriage, no such family shall contain more than five (5) persons.
FLOOR AREA RATIO (FAR)
The gross area of all buildings on a lot divided by the lot area.
FRONTAGE
That part of a lot or premises immediately adjacent to a street or streets without regard to access to, or elevation of, the street or streets.
GARAGE, PRIVATE
A detached accessory building or portion of a main building housing the passenger vehicles or trailers of the occupants of the premises.
GARAGE, PUBLIC
A building or portion thereof, other than a private or storage garage, designed or used for equipping, servicing, repairing, hiring, selling, storing or parking motor-driven vehicles. The term "repairing" shall not include any automotive body repair shop nor the rebuilding, dismantling or storage of wrecked or junked vehicles.
GARAGE, STORAGE
A building or portion thereof designed or used exclusively for term storage by prearrangement of motor-driven vehicles, as distinguished from daily storage furnished transients, and at which motor fuels and oils are not sold and motor-driven vehicles are not equipped, repaired, hired or sold.
GRADE
The average level of the finished surface of the ground for buildings more than five (5) feet from a street line. For buildings closer than five (5) feet to a street line, the grade is the sidewalk elevation at the center of the building. If there is more than one (1) street, an average sidewalk elevation is to be used. If there is no sidewalk, the City Engineer shall establish the sidewalk grade.
GROSS FLOOR AREA
The total area of a building measured by taking the outside dimensions of the building at each floor level intended for occupancy or storage.
GROUP HOME, CUSTODIAL
A dwelling in which unrelated physically and mentally impaired persons reside with house parents or guardians.
GROUP HOME, RESIDENTIAL
A single-family, detached dwelling in which no more than ten (10) persons reside, comprised of the following: eight (8) or fewer unrelated mentally or physically handicapped or impaired persons, no more than two (2) persons acting as house parents or guardians who need not be related to each other or to any of the mentally or physically handicapped persons residing in the dwelling and the children of the house parents or guardians.
HOME OCCUPATION
An activity carried out for gain by a resident conducted as an accessory use in the resident's dwelling unit or accessory building on the premises.
HOTEL
A facility offering transient lodging accommodations on a daily rate to the general public.
IMPERVIOUS SURFACE
Any part of a lot that is covered by buildings, structures, parking areas, driveways and any other surfaces which reduce or prevent absorption of stormwater.
INSTITUTION
A non-profit establishment for public use.
LOADING SPACE
An off-street space on the same lot with a building, or contiguous to a group of buildings, for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials.
LODGING HOUSE or ROOMING HOUSE
Same as boarding house.
LOT
A designated parcel, tract or area of land established by a plat or otherwise as permitted by law and to be used, developed or built upon as a unit.
LOT AREA
The size of a lot measured within the lot lines and expressed in terms of acres or square feet.
LOT, CORNER
A lot abutting on two (2) or more streets at their intersection.
LOT DEPTH
The horizontal distance between the front and rear lot lines measured along the median between the two (2) side lot lines.
LOT, DOUBLE FRONTAGE
A lot having frontage on two (2) non-intersecting streets, as distinguished from a corner lot.
LOT, FRONT OF
The front of a lot shall be considered to be that side of the lot which fronts a street.
In case of a corner lot, the narrowest side fronting on the street shall be considered to front on the street on which the greatest number of lots front.
LOT, INTERIOR
A lot other than a corner lot.
LOT LINE
A boundary line of a lot.
LOT LINE, FRONT
The lot line separating a lot from the street. On a corner lot, the shortest lot abutting a street is the front lot line; on a through lot, both lot lines abutting the streets are front lot lines; on a flag shaped lot, the front lot line is also the lot line most parallel to the front lot line abutting the street.
LOT LINE, REAR
Any lot line not a front or side lot line. The rear lot line for a triangular shaped lot shall be a line ten (10) feet long drawn between the lot's side lot lines and parallel to the front lot line.
LOT LINE, SIDE
The lot lines that intersect with a lot's front lot line.
LOT OF RECORD
A lot which is part of a recorded subdivision or a parcel of land on a plat or deed which has been recorded by the Christian County Recorder of Deeds.
LOT, THROUGH
A lot having a frontage on two (2) parallel streets or which fronts upon two (2) streets which do not intersect at the boundaries of the lot.
LOT WIDTH
The mean horizontal distance between the side lot line of a lot measured at right angles to the depth; or the same distance measured at a point midway between the front lot line and the rear lot line; or at the rear lot line of the required front yard (building line, especially on irregularly shaped lots).
MOBILE HOME (MANUFACTURED HOUSING)
A home designed for year-round residential use which is:
1. 
Composed of one (1) or more components, each of which was substantially assembled in a manufacturing plant and designed to be transported on its own chassis, and
2. 
Built after the Federal Manufactured Housing Construction and Safety Standards Act of 1974, which became effective June 6, 1976.
MOBILE HOME PARK
An area where one (1) or more mobile homes can be or are intended to be parked, designed or intended to be used as living facilities for one (1) or more families.
MODULAR HOUSING
A single-family detached dwelling that is certified as factory manufactured by the Department of Housing and Urban Development and that is not transported on its own axle and is placed on a permanent foundation.
MOTEL
An establishment in which transient accommodations are provided on a daily rate to the general public.
NON-CONFORMING LOT
A lot existing at the effective date of this Chapter (and not created for the purpose of evading the restrictions of this Chapter) that does not meet the minimum area requirement of the zoning district in which it is located.
NON-CONFORMING USE
The use of land or a building or portion thereof existing at the effective date of this Chapter, where such use does not conform with the use regulations of the zoning district in which it is located.
OWNER OF RECORD
The person, corporation or other legal entity listed as owner of a lot on records of the County Recorder of Deeds.
PARKING SPACE
A space within a building or a private or public parking area for the parking of one (1) vehicle.
PAVEMENT WIDTH
The actual road surface area from curb line to curb line, which may include travel lanes, parking lanes and deceleration and acceleration lanes. Where there are no curbs, the cartway is that portion between the edges of the paved or hard surface width.
PAVING
Brick, stone, concrete, asphalt or other impervious dustless material placed on the surface of the land.
PLANNED UNIT DEVELOPMENT
A tract of land under single ownership, planned and developed as an integral unit and consisting of a combination of residential and non-residential uses of land within a planned unit development (PUD) district.
PRINCIPAL STRUCTURE
A structure or group of structures in which the principal use of the lot on which it is located is conducted.
PUBLIC
Maintained for or used by the people of the City of Billings on a non-commercial basis.
PUBLIC IMPROVEMENT
The installation, construction, addition or betterment of any new physical development dedicated to or intended for public use, such as streets and sidewalks, utilities, drainage facilities, etc.
SETBACK
The required minimum horizontal distance between the nearest front, side or rear line of every structure and the front line of the lot.
SIGN
Any words, numbers, figures, devices, designs or trademark by which anything is made known, such as are used to designate an individual, a form, profession, business or a commodity and which are visible from any public street.
SIGN, ATTACHED
Any sign substantially and permanently attached to, applied on, structurally connected to, painted on, etched on or supported by any part of a building.
SIGN, DETACHED
Any sign other than an attached sign and including any inoperable vehicle or any trailer located for the primary purpose of advertising.
SIGN, OFF-PREMISES
A sign that draws attention to or communicates information about a business, service, commodity, accommodation, attraction or other activity that is conducted, sold or offered at a location other than the premises on which the sign is located.
SIGN, ON-PREMISES
A sign that draws attention to or communicates information about a business, service, commodity, accommodation, attraction or other activity that is conducted, sold or offered at the located where the sign is located.
SIGN, TEMPORARY (PORTABLE)
A sign which either:
1. 
Is not permanently attached to any structure, building, motor vehicle or the ground; or
2. 
Is intended for a limited display period covering a special event; or
3. 
Is designed and constructed to be movable from one location to another.
SIGN, VEHICULAR
Any sign permanently attached to a motor vehicle.
STORY
That portion of a building, other than a basement, included between the surface of any floor and the surface of the floor next above it, or if there is no floor above it, then the space between such floor and ceiling next above it.
STORY, HALF
A space under a sloping roof which has the line of intersection of roof decking and wall face not more than three (3) feet above the top floor level and in which space not more than two-thirds (⅔) of the floor area is finished off for use. A half story containing independent apartments or living quarters shall be counted as a full story.
STREET
A public or private way used or intended to be used for passage or travel by motor vehicles.
STREET LINE
A dividing line between a lot and a contiguous street.
STREET WIDTH
The horizontal distance between the outside edges of a street's pavement, including any curbing and guttering, measured at right angles to the street's centerline.
STRUCTURE
Anything constructed or erected, the use of which requires permanent or temporary location on or in the ground.
SUBDIVISION
The division of any parcel or tract into two (2) or more parcels, sites or lots, any one (1) of which contains less that five (5) acres for the purpose, whether immediate or future, of transfer of ownership or development, provided however, that the following shall not constitute a subdivision:
1. 
Transfer for interests by will or pursuant to court order.
2. 
Leases for a term not to exceed ten (10) years.
3. 
Mortgages or easements.
4. 
The sale or exchange of parcels of land between owners of adjoining property if additional lots are not thereby created and the lots resulting are not reduced below the size required by law.
SUBDIVISION, MAJOR
Any subdivision other than a minor subdivision.
SUBDIVISION, MINOR
A subdivision that does not involve any of the following:
1. 
The creation of more than a total of four (4) lots;
2. 
The creation of any new public streets;
3. 
The extension of a public water or sewer system; or
4. 
The installation of drainage improvements through one (1) or more lots to serve one (1) or more other lots.
TOWER
Any structure whose primary function is to support an antenna.
TRACT
A lot. The term "tract" is used interchangeably with the term "lot", particularly in the context of subdivisions, where one "tract" is subdivided into several lots.
UNDEVELOPED LAND
Land in its natural state before development.
USE
The activity or function that actually takes place or is intended to take place on a lot.
VARIANCE
A grant of permission from the Board of Adjustment that allows the recipient to waive compliance with specific provision of this Chapter, granted because of the practical difficulties or unnecessary hardship that would be imposed by the strict application of that provision of the Chapter.
WORKING DAYS
The days of the week, excluding Saturdays, Sundays and recognized holidays, during which normal business is conducted by the City of Billings.
YARD
An open space at grade between a building and the adjoining lot lines, unoccupied and unobstructed by any portion of a structure from the ground upward, except as otherwise provided herein. In measuring a yard for the purpose of determining the width of a side yard or the depth of a front yard or rear yard, the minimum horizontal distance between the lot line and the main building shall be used.
YARD, FRONT
A yard extending across the front of a lot and being the minimum horizontal distance between the street or place line and the main building or any projections thereof other than the projection of the usual uncovered steps, unenclosed balconies or unenclosed porches. On corner lots the front yard shall be considered as parallel to the street upon which the lot has its least dimension.
YARD, REAR
A yard extending across the rear of a lot and being the required minimum horizontal distance between the rear lot line and the rear of the main building or any projections thereof other than the projection of uncovered steps, unenclosed balconies or unenclosed porches. On all lots the rear yard shall be in the rear of the front yard.
YARD, SIDE
A yard between the main building and the side line of the lot and extending from the required front yard to the required rear yard and being the minimum horizontal distance between a side lot line and the side of the main building or any projections thereof.