City of Billings, MO ARTICLE XII Conditional Uses and Non-Conforming Uses

Section 400.800 Conditional Uses.

[Ord. No. 777 §26-92, 3-23-1994]

A. Any use permitted as a conditional use in Sections 400.620 through 400.680 shall be regulated by the following conditions.

B. An application for conditional use shall be submitted to the Planning and Zoning Commission by filing a copy of the application with the City Clerk at least fifteen (15) working days prior to the Commission meeting. The Clerk shall transmit the application and all paper and materials constituting the record to the Planning and Zoning Commission.

C. The Planning and Zoning Commission shall hear evidence concerning the proposed conditional use at its next regularly scheduled hearing. After all evidence has been presented, a vote shall be taken constituting the Planning and Zoning Commission's recommendation to the Board of Aldermen.

D. In making its recommendation to the Board of Aldermen, the Planning and Zoning Commission shall consider the following:

1. Conformance with the principles of the Comprehensive Plan;

2. Intensity of the proposed conditional use;

3. Impact on surrounding properties;

4. Hours of operation;

5. Potential for excessive noise, vibration, light, glare or dust;

6. Traffic impact.

E. The Planning and Zoning Commission may also recommend that specific conditions be placed on the use to ensure that those criteria previously listed will be adequately controlled to protect surrounding properties.

F. The Board of Aldermen shall act on the recommendation of the Planning and Zoning Commission at its next regularly scheduled meeting. Any new evidence not available to the Planning and Zoning Commission shall be introduced at this time.

G. In making its decision, the Board of Aldermen shall consider the same criteria as the Planning and Zoning Commission and may accept, remove or add conditions as deemed necessary for the protection of surrounding properties.

Section 400.805 Non-Conforming Uses.

[Ord. No. 777 §26-93, 3-23-1994]

A. The lawful use of any building, structure or land existing at the effective date of this Chapter may be continued although such use does not conform with the provisions of this Chapter.

B. A non-conforming building or structure existing at the effective date of this Chapter may be occupied as provided for in the following Subsection.

C. Repairs and alterations necessary for the general maintenance of a building or structure may be made to a non-conforming building or structure, provided that no structural alteration shall be made and, further provided, that this Section shall never be construed to allow an addition to a non-conforming building or structure. Structural alterations and/or additions may be allowed in the event that the entire building or structure is brought into conformance.

D. Any non-conforming building or structure which is damaged, partially or fully destroyed by fire, flood, wind, explosion, earthquake or other calamity or act of God shall not be repaired or rebuilt or used for the same purpose if the expense of such repair or rebuilding exceeds sixty percent (60%) of the replacement costs of the building or structure at the time such damage took place. Any repair or replacement of a building or structure damaged in excess of sixty percent (60%) of its replacement cost at the time of such damage shall conform to all regulations of the zoning district in which it is located.

E. When no structural alterations are made in any non-conforming building or structure, the use of the building or structure may change from one use to another, provided that the uses are similar to one another and are allowable under the same zoning classification.

F. When a non-conforming building or structure is vacant for a period of one (1) year, no portion of the building or structure may be used except in conformity with the regulations. This provision shall not apply to non-conforming buildings or structures that are for sale with the intent of same or similar use, nor shall it apply to buildings or structures which are being repaired or renovated in accordance with Subsection (E) above and, further provided, that such work proceeds and is completed in a timely fashion.

G. A non-conforming use may not be expanded whether the building or structure is conforming or non-conforming. At such time as any non-conforming use changes to a conforming use, such use, building or structure may not be used except in conformity with the provisions of the zoning district in which it is located.

H. Whenever the boundaries of a zoning district shall be changed so as to transfer an area from one district to another district of a different classification or when boundaries or districts are changed as a result of annexation of new territory or changes in the regulations or restrictions of the zoning regulations, the foregoing provisions shall also apply to any uses existing therein which may so become non-conforming.

I. Where confusion or questions arise from the application of these provisions, the Planning and Zoning Commission shall be responsible for providing interpretations. Such interpretations shall be made at a regularly scheduled meeting of the Planning and Zoning Commission and evidence pertaining to such interpretation shall be heard.