[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:
A separate complete dwelling unit substantially contained
within the structure of a single-family detached dwelling.
A structure which:
A use which:
A measure of land containing forty-three thousand five hundred
sixty (43,560) square feet.
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.
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.
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.
Any change in a supporting member of a building.
A developer or any individual submitting an application for
an amendment, permit or subdivision plat as required by this Chapter.
That enclosed part of a building having at least two (2)
feet of its height below the average grade of the adjoining ground.
A mound of earth, typically located in a buffer yard, to
block noise, lights or other noises.
The appellate body appointed by Billings Board of Aldermen
to assist in administration of this Chapter pursuant to Sections 89.010
— 89.170, RSMo.
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.
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.
Any structure having a roof supported by columns or walls
for the shelter or enclosure of persons or property.
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.
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.
A building in which the primary use of the lot is conducted.
The storage of chemicals, petroleum products and other materials
in above ground containers for subsequent resale to distributors or
retail dealers or outlets.
The City of Billings.
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.
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.
The Billings Planning and Zoning Commission.
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.
The Billings Comprehensive Plan which is a comprehensive,
long-range plan intended to guide the growth and development of the
City.
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.
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.
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.
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.
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.
The permitted number of dwelling units per gross acre of
land to be developed.
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.
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.
A part, zone or area within the City of Billings within which
certain zoning regulations apply and are uniform.
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.
A structure on a single lot containing three (3) or more
dwelling units, each of which is totally separated from the other.
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.
A structure on a single lot designed for or occupied exclusively
by one (1) family.
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.
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.
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.
The gross area of all buildings on a lot divided by the lot
area.
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.
A detached accessory building or portion of a main building
housing the passenger vehicles or trailers of the occupants of the
premises.
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.
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.
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.
The total area of a building measured by taking the outside
dimensions of the building at each floor level intended for occupancy
or storage.
A dwelling in which unrelated physically and mentally impaired
persons reside with house parents or guardians.
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.
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.
A facility offering transient lodging accommodations on a
daily rate to the general public.
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.
A non-profit establishment for public use.
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.
Same as boarding house.
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.
The size of a lot measured within the lot lines and expressed
in terms of acres or square feet.
A lot abutting on two (2) or more streets at their intersection.
The horizontal distance between the front and rear lot lines
measured along the median between the two (2) side lot lines.
A lot having frontage on two (2) non-intersecting streets,
as distinguished from a corner lot.
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.
A lot other than a corner lot.
A boundary line of a lot.
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.
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.
The lot lines that intersect with a lot's front lot line.
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.
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.
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).
A home designed for year-round residential use which is:
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.
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.
An establishment in which transient accommodations are provided
on a daily rate to the general public.
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.
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.
The person, corporation or other legal entity listed as owner
of a lot on records of the County Recorder of Deeds.
A space within a building or a private or public parking
area for the parking of one (1) vehicle.
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.
Brick, stone, concrete, asphalt or other impervious dustless
material placed on the surface of the land.
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.
A structure or group of structures in which the principal
use of the lot on which it is located is conducted.
Maintained for or used by the people of the City of Billings
on a non-commercial basis.
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.
The required minimum horizontal distance between the nearest
front, side or rear line of every structure and the front line of
the lot.
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.
Any sign substantially and permanently attached to, applied
on, structurally connected to, painted on, etched on or supported
by any part of a building.
Any sign other than an attached sign and including any inoperable
vehicle or any trailer located for the primary purpose of advertising.
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.
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.
A sign which either:
Any sign permanently attached to a motor vehicle.
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.
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.
A public or private way used or intended to be used for passage
or travel by motor vehicles.
A dividing line between a lot and a contiguous street.
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.
Anything constructed or erected, the use of which requires
permanent or temporary location on or in the ground.
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:
Transfer for interests by will or pursuant to court order.
Leases for a term not to exceed ten (10) years.
Mortgages or easements.
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.
Any subdivision other than a minor subdivision.
A subdivision that does not involve any of the following:
Any structure whose primary function is to support an antenna.
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.
Land in its natural state before development.
The activity or function that actually takes place or is
intended to take place on a lot.
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.
The days of the week, excluding Saturdays, Sundays and recognized
holidays, during which normal business is conducted by the City of
Billings.
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.
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.
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.
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.
