Butler City Zoning Code
ARTICLE I
In General
§ 26-1 Short title.
[Z.O., art. II]
This chapter shall be known and may be cited and referred to as the Butler Zoning Ordinance, to the same effect as if the full title were stated.
§ 26-2 Definitions, interpretation of language.
[Z.O., art. IV; Ord. No. 521, § 2, 11-17-1992; Ord. No. 718, § 1, 11-7-2000; Ord. No. 723, § 1, 1-16-2001; Ord. No. 1022, 10-4-2016; Ord. No. 1030, 2-7-2017; Ord. No. 1086, § 1, 12-4-2018; Ord. No. 1155, 10-18-2022; Ord. No. 1158, 1-3-2023; Ord. No. 1185, 4-15-2025]
Unless the context otherwise requires, the following definitions shall be used in the interpretation and construction of this chapter. Words used in the present tense shall include the future; the singular number shall include the plural, and the plural the singular; the word "building" shall include the word "structure"; the word "used" shall include "arranged, designed, constructed, altered, converted, rented, leased or intended to be used"; and the word "shall" is mandatory and not directory.
ACCESSORY STORAGE BUILDING
(1)
A building originally constructed for use as an accessory building for the storage of materials and equipment accessory to a primary use located on the property.
(2)
For purposes of this chapter, cargo containers, railroad cars, truck vans, converted mobile homes, trailers, recreational vehicles, bus bodies, vehicles and similar prefabricated items and structures originally built for purposes other than the storage of goods and materials are not accessory storage buildings.
ACCESSORY USE, BUILDING OR STRUCTURE
A use, building or structure subordinate to the principal use of a building or to the principal use of land and which is located on the same lot serving a purpose customarily incidental to the use of the principal building or land use. Solar collectors, wind generators and antenna are considered as accessory structures.
AGRICULTURE
The use of land for agricultural purposes, including farming, dairying, pasturage, apiculture, horticulture, floriculture, viticulture, and animal and poultry husbandry and the necessary accessory uses for packing, treating or storing the produce; provided, however, that the operation of any such accessory uses shall be secondary to that of normal agricultural activities and provided further that the above uses shall not include the commercial feeding of garbage or offal to swine or other animals.
AIRPORT
Any runway, landing area or other facility designed, used or intended to be used either publicly or privately by any persons for the landing and taking off of aircraft, including all necessary taxiways, aircraft storage and tie-down areas, hangars and other necessary buildings and open spaces.
ALLEY or LANE
A public or private way not more than 30 feet wide affording only secondary means of access to abutting property.
APARTMENT
A suite of rooms or a room in a multifamily or commercial building arranged and intended for a place of residence of a single-family or a group of individuals living together as a single housekeeping unit.
APARTMENT EFFICIENCY
A dwelling unit in a multifamily building, consisting of not more than one habitable room, together with kitchen or kitchenette and sanitary facilities.
APARTMENT HOTEL
An apartment house which furnishes services for the use of its tenants which are ordinarily furnished by hotels.
APARTMENT HOUSE
See Dwelling, multifamily.
AUTOMOBILE OR MANUFACTURED HOME SALES AREA
An open area, other than a street, used for the display, sale or rental of new or used motor vehicles or manufactured homes in operable condition and where no repair work is done.
AUTOMOBILE OR TRAILER SALES AREA
An open area, other than a street, used for the display, sale or rental of new or used motor vehicles or trailers in operable condition and where no repair work is done.
AUTOMOBILE REPAIR, MAJOR
General repair, rebuilding or reconditioning of engines, motor vehicles or trailers; collision services including body, frame or fender straightening or repair; overall painting or paint shop; vehicle steam cleaning.
AUTOMOBILE REPAIR, MINOR
Incidental body or fender work, or other minor repairs, for a consideration, or as a hobby, which includes, painting and upholstering, replacement of parts and motor service to passenger cars and trucks not exceeding 1 1/2 tons capacity, but not including any operation named under "Automobile repair, major," or any other operation similar thereto.
AUTOMOBILE SERVICE STATION OR FILLING STATION
A building or other structure or a tract of land where gasoline, kerosene or any other motor fuel or lubricating oil or grease for operating motor vehicles is dispensed directly to users of motor vehicles, including greasing and oiling on the premises.
AUTOMOBILE WASH or AUTOMATIC CAR WASH
A building or structure where chain conveyors, blowers, steam cleaners and other mechanical devices are employed for the purpose of washing motor vehicles.
BASEMENT
A story the floor line of which is below grade at any entrance or exit and the ceiling of which is not more than five feet above grade at any such entrance or exit.
BEGINNING OF CONSTRUCTION
The date that labor and materials are incorporated into the premises to begin construction on the use in question.
BLOCK
In describing the boundaries of a district, means the legal description. In all other cases the word "block" means the property abutting on one side of a street between two intersecting streets or a street and a railroad right-of-way or watercourse.
BOARD
The zoning board of adjustment of the City.
BOARDINGHOUSE or LODGING HOUSE
A dwelling or part thereof occupied by a single housekeeping unit where meals and lodging are provided for three or more persons for compensation by previous arrangement, but not transients.
BUILDABLE LOT AREA
That part of the lot not included within the open areas required by this chapter.
BUILDING
Any structure having a roof supported by columns or walls, used or intended to be used for the shelter or enclosure of persons, animals or property. When such a structure is divided into separate parts by one or more unpierced walls extending from the ground up, each part is deemed a separate building, except as regards minimum side yard requirements as hereinafter provided.
BUILDING INSPECTOR
The zoning inspector for purposes of this chapter.
BUILDING LINE
The line beyond which no building or part thereof shall project, except as otherwise provided by this chapter.
BUILDING, ALTERATION OF
Any change in the supporting members of a building (such as bearing walls, columns, beams or girders); any addition to a building; any change in use from that of one district classification to another; or removal of a building from one location to another.
BUILDING, HEIGHT OF
The vertical distance from the average contact ground level at the front wall of the building 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 or gambrel roofs.
BUILDING, PRINCIPAL
A structure in which is conducted the main or primary use of the lot on which the structure is situated.
CAMP
Any lot or part thereof, or any parcel of land which is used or offered as a location for two or more recreational park trailers or recreational vehicles used for any purpose set forth in the definition of recreational vehicle or recreational park trailer.
CAMPING TRAILER
A vehicular portable unit mounted on wheels and constructed with collapsible partial side walls that fold for towing by another vehicle and unfold at the campsite to provide temporary living quarters for recreational, camping, or travel use.
CARGO CONTAINERS
Includes standardized reusable vessels that were:
(1)
Originally designed for or used in the packing, shipping, movement or transportation of freight, articles, goods or commodities; and/or
(2)
Originally designed for or capable of being mounted or moved by rail, truck or ship by means of being mounted on a chassis or similar transport device. This definition includes the terms "transport containers" and "portable site storage containers" having a similar appearance to and similar characteristics of cargo containers.
CARPORTS
An accessory building, or a portion of the principal building used by the occupants of the premises for the storage of operational vehicles. Said structure shall, at a minimum, consist of a roof supported by posts and is further subject to the requirements set forth in Section 26-164.
CELLAR
That portion of a building between floor and ceiling partly underground, but having half or more than half of its clear height below the adjoining finished grade.
CEMETERY
Land used or intended to be used for the burial of the human dead and dedicated for cemetery purposes, including columbariums, crematories, mausoleums and mortuaries, if operated in connection with, and within the boundaries of, such cemetery.
CITY/TOWN
The municipal corporation of Butler, Bates County, State of Missouri.
CLINIC
A place used for the care, diagnosis and treatment of sick, ailing, infirm and injured persons and those who are in need of medical or surgical attention, but who are not provided with board or room nor kept overnight on the premises.
CLUB
A nonprofit association of persons who are bona fide members, and are organized for some common purpose, but not including a group organized solely or primarily to render a service customarily carried on as a commercial enterprise.
COMMISSION
The planning commission of the City.
CONVALESCENT (REST) HOME
A home designed for the care of patients after they leave the hospital but before they are released from observation and treatment.
COUNCIL
The City Council.
COURT
An open unoccupied and unobstructed space, other than a yard, on the same lot with a building or group of buildings.
DISPLAY SIGN
A structure that is arranged, intended, designed or used as an advertisement, announcement or direction, including a sign, billboard and advertising device of any kind.
DISTRICT
A portion of the territory of the City within which certain uniform regulations and requirements or various combinations thereof apply under the provisions of this chapter. The term "R-District" shall mean any R-1, R-2, R-3 or R-4 district; the term "I-District" shall mean any I-1, I-2 or I-3 district; the term "A-District" shall mean any A-1 district; and the term "C-District" shall mean any C-1, C-2 or C-3 district.
DWELLING
Any building or portion thereof designed or used primarily as the residence or sleeping place of one or more persons, but not including a tent, cabin, trailer or trailer coach, boardinghouse or rooming house, hotel or motel.
DWELLING GROUP
A group of two or more detached dwellings located on a parcel of land in one ownership and having any yard or court in common.
DWELLING UNIT
One room, or suite of two or more rooms, designed for or used by one family for living and sleeping purposes and having only one kitchen or kitchenette.
DWELLING, MULTIFAMILY
A building or portion thereof designed for or used by three or more families or housekeeping units.
DWELLING, SINGLE-FAMILY
A building designed for or used exclusively for residence purposes by one family or housekeeping unit.
DWELLING, TWO-FAMILY
A building designed for or used exclusively by two families or housekeeping units.
ESSENTIAL SERVICES
The erection, construction, alteration or maintenance, by public utilities or municipal or other governmental agencies, of underground, surface or overhead gas, electrical, steam or water transmission or distribution systems, collection, communication, supply or disposal systems, including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants and other similar equipment and accessories in connection therewith; reasonably necessary for the furnishing of adequate service by such public utilities or municipal or other governmental agencies or for the public health or safety or general welfare, but not including buildings.
FAMILY
A person living alone, or two or more persons living together as a single housekeeping unit, in a dwelling unit, as distinguished from a group occupying a boardinghouse, lodging house, motel or hotel, fraternity or sorority house.
FIFTH WHEEL TRAILER
A vehicular unit, mounted on wheels, designed to provide temporary living quarters for recreational, camping, or travel use, of such size or weight as not to require special highway movement permit(s), of gross trailer area not to exceed 400 square feet (37.2 m. sq.) in the set-up mode, and designed to be towed by a motorized vehicle that contains a towing mechanism that is mounted above or forward of the tow vehicle's rear axle.
FRONTAGE
All the property abutting on one side of a street between intersecting or intercepting streets, or between a street and a right-of-way, waterway, end of a dead-end street, or corporate boundary measured along the street line. An intercepting street shall determine only the boundary of the frontage on the side of the street which it intercepts. Where a lot abuts more than one street, the board shall determine the frontage for purposes of this chapter.
GARAGE, PRIVATE
An accessory building or a portion of the principal building used by the occupants of the premises for the storage of motor vehicles, light pickup trucks or trailers.
GARAGE, PUBLIC
A structure or portion thereof, other than a private garage, used for the storage, sale, hire, care, repair or refinishing of self-propelled vehicles or trailers.
HOME OCCUPATION
Any occupation which is customarily incident to the principal use of the premises and is conducted by a resident occupant.
HOSPITAL
A building or portion thereof used for the accommodation of sick, injured or infirm persons, including sanitaria, sanitoria.
HOTEL
Any building or portion thereof used as a temporary abiding place for remuneration, with or without meals, containing 15 or more guest rooms or suites where no provision for cooking is made in any individual guest room or suite, except hospitals and jails.
HOUSE TRAILER
See Manufactured home.
INDUSTRY
Storage, repair, manufacture, preparation or treatment of any article, substance or commodity.
JUNKYARD or SALVAGE YARD
A place where waste, discarded or salvaged materials, are bought, sold, exchanged, baled, packed, disassembled or handled, including auto wrecking yards, and excessive storage of salvage or to-be-repaired automobiles, house wrecking yards, used lumberyards and places or yards for storage of salvaged house wrecking and structural steel materials and equipment; but not including such places where such uses are conducted entirely within a completely enclosed building, and not including pawn shops and establishments for the sale, purchase or storage of used furniture and household equipment, used cars in operable condition, or salvaged materials incidental to manufacturing operations.
KENNEL
The keeping by any person of three or more dogs (as that term is defined in Section 5-31 of this Code) on his property.
KITCHEN
Any room in a building or dwelling unit which is used for cooking or the preparation of food.
LAND USE PLAN
The long-range plan for the desirable use of land in the City as officially adopted and as amended from time to time by the City planning commission; the purpose of such plan being, among other things, to serve as a guide in the zoning and progressive changes in the zoning of land to meet the changing needs, in the subdividing and use of undeveloped land, and in the acquisition of rights-of-way or sites for public purposes such as streets, parks, schools and public buildings.
LOADING SPACE
An off-street space or berth 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, and which abuts upon a street, alley or other appropriate means of access.
LOT
A piece or parcel of land occupied or intended to be occupied by a principal building or a group of such buildings and accessory buildings, or utilized for a principal use and uses accessory thereto, together with such open spaces as required by this chapter, and having frontage on a public street.
LOT AREA
The computed area contained within the lot lines.
LOT LINE, FRONT
The line separating the lot from a street.
LOT LINE, REAR
The lot line opposite and most distant from the front lot line.
LOT LINE, SIDE
Any lot line other than a front or rear lot line. A side lot line separating a lot from a street is called a side street lot line. A side lot line separating a lot from another lot or lots is called an interior side lot line.
LOT LINE, STREET OR ALLEY
A lot line separating the lot from a street or alley.
LOT LINES
The property lines bounding the lot.
LOT WIDTH
The mean width of the lot measured at right angles to its depth.
LOT, CORNER
A lot abutting upon two or more streets at their intersection or upon two parts of the same street, such streets or parts of the same street forming an interior angle of less than 135°. The point of intersection of the street lines is the corner.
LOT, DEPTH
The mean horizontal distance between the front and the rear lot lines.
LOT, INTERIOR
A lot other than a corner lot.
LOT, THROUGH
A lot having frontage on two parallel or approximately parallel streets.
MANUFACTURED HOME
A factory-built structure or structures which, in the traveling mode, is eight body feet or more in width or 19 body feet or more in length, or, when erected on site, contains 150 or more square feet, equipped with the necessary service connections and made so as to be readily movable as a unit or units on its or their own running gear and designed to be used as a dwelling unit or units with or without a permanent foundation. The phrase "without a permanent foundation" indicates that the support system is constructed with the intent that the manufactured home placed thereon may be moved from time to time at the convenience of the owner. The manufactured home is constructed in conformance with the federal manufactured housing construction and safety standards, as evidenced by an affixed certification label.
MINERAL
A chemical compound occurring naturally in nature as a product of inorganic processes.
MOBILE HOME
See Manufactured home.
MODULAR UNIT
A transportable building unit designed to be used by itself or to be incorporated with similar units at a point-of-use into a modular structure to be used for residential, commercial, educational or industrial purposes. This definition shall not apply to structures under 650 square feet used temporarily and exclusively for construction site office purposes. Modular units are accepted by the U.S. Department of Housing and Urban Development and issued a structural engineering bulletin which indicates it complies with the major national building codes. Modular units are shipped to the construction site by trailer where they are lowered by crane or by other means onto a prepared foundation.
MOTEL or MOTOR HOTEL
A series of attached, semi-attached or detached sleeping or living units, for the accommodation of automobile transient guests, such units having convenient access to off-street parking spaces for the exclusive use of the guests or occupants.
MOTOR HOME
A vehicular unit designed to provide temporary living quarters for recreational, camping, or travel use, built on or permanently attached to a self-propelled motor vehicle chassis or on a chassis cab or van that is an integral part of the completed vehicle.
NONCONFORMING USE
A building, structure or premises legally existing and/or used at the time of adoption of this chapter, or any amendment thereto, and which does not conform with the use regulations of the district in which located. Any such building, structure or premises conforming in respect to use but not in respect to height, area, yards or courts, floor area or distance requirements from more restricted districts or uses, shall not be considered a nonconforming use.
NURSERY SCHOOL
A private educational institution where, for compensation, pre-elementary school age children begin their learning process, generally one year before entering a public elementary school.
PARKING AREA, PRIVATE
An open area for the same uses as a private garage.
PARKING AREA, PUBLIC
An open area, other than a street or other public way, used for the parking of automobiles and available to the public whether for a fee, free or as an accommodation for clients or customers.
PARKING SPACE
A permanently surfaced area not less than eight feet wide and 20 feet long, either within a structure or in the open, exclusive of driveways or access drives, for the parking of one motor vehicle.
PROFESSION
Any recognized profession, such as art, architecture, engineering, law, medicine, music, science, teaching, etc.
RECREATIONAL PARK TRAILER
A trailer type unit that is primarily designed to provide temporary living quarters for recreational, camping, or seasonal use, that meets the following criteria:
(1)
Built on a single chassis mounted on wheels;
(2)
Having a gross trailer area not exceeding 400 square feet (37.15 sq. m.) in the set-up mode; and
(3)
Certified by the manufacturer as complying with ANSI A119.5. A recreational park trailer is not a recreational vehicle.
RECREATIONAL VEHICLE
A vehicular type unit primarily designed as temporary living quarters for recreational, camping, travel or seasonal use, that either has its own motive power, or is mounted on, or towed by another vehicle. The basic entities are: camping trailer, fifth wheel trailer, motor home, travel trailer and truck camper.
RENTAL STORAGE UNIT
A building or group of buildings consisting of one or more individual bays, the general purpose of which is designed for rental to the general public for the storage of items.
ROOMINGHOUSE
A dwelling occupied by a resident family or resident occupant and three or more rent-paying persons.
SCHOOL, ELEMENTARY AND HIGH
An institution of learning which offers instructions in the several branches of learning and study required to be taught in the public schools by the applicable statutes of the state. High schools include junior and senior grades.
SHORT-TERM RENTAL
A lodging use that is rented or leased as a single housekeeping unit, which has a minimum combined floor area of 800 square feet, to guests for not less than one (1) night and not more than thirty (30) consecutive nights in exchange for a fee, money, service or other performances. Hotels, motels, and other land uses explicitly defined and regulated in this article separately from short-term rentals are not considered to be short-term rentals.
SIGN, AREA OF
The total exterior surface computed in square feet of a sign having but one exposed exterior surface; one-half the total of the exposed exterior surface computed in square feet of a sign having more than one such surface.
STABLE, COMMERCIAL
A stable for horses, mules or ponies which are let, hired, used or boarded on a commercial basis and for compensation.
STABLE, PRIVATE
An accessory building for the keeping of horses, mules or ponies which are owned by the occupant of the premises and not kept for remuneration, hire or sale.
STANDARD, PERFORMANCE
A criterion established in the interest of protecting the public health and safety for the control of noise, odor, smoke, noxious gases and other objectionable or dangerous elements generated by and inherent in or incidental to land uses. Story means that portion of a building, included between 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 the floor and the ceiling next above it.
STORY, FIRST
The lowest story or the ground story of any building the floor of which is not more than 12 inches below the average contact ground level at the exterior walls of the building; except that any basement or cellar used for residence purposes shall be deemed the first story.
STORY, HALF
A partial story under a gable, hip or gambrel roof, the wall plates of which on at least two opposite exterior walls are not more than four feet above the floor of such story; provided, however, that any partial story used for residence purposes shall be deemed a full story.
STORY, MEZZANINE
A story which covers one-third or less of the area of the story directly underneath it. A mezzanine story shall be deemed a full story in case it covers more than one-third of the area of the story directly underneath the mezzanine story.
STREET
A public right-of-way 50 feet or more in width which provides a public means of access to abutting property, or any such right-of-way more than 30 feet and less than 50 feet in width provided it existed prior to the enactment of this chapter. The term "street" shall include avenue, drive, circle, court, road, parkway, boulevard, highway, way, trafficway, thoroughfare or any other similar term.
STRUCTURAL ALTERATION
Any change in the structural members of a building, such as walls, columns, beams or girders. (See Building, alteration of.)
STRUCTURE
Anything constructed, the use of which requires permanent location on the ground, or attachment to something having a permanent location on the ground.
THOROUGHFARE PLAN
The official thoroughfare plan of the City as adopted by the City planning commission, establishing the location and official right-of-way width of principal highways and streets in the village, on file in the office of the City Clerk and the City planning commission, dated December 13, 1967, together with all amendments thereto subsequently adopted.
THOROUGHFARE, MAJOR
An officially designated federal or state numbered highway or county or other road or street designated as a primary thoroughfare on the official thoroughfare plan of the City or a county or other road or street designated as a secondary thoroughfare on the plan, respectively.
TOURIST HOME
A building or part thereof, other than a hotel, boardinghouse, lodging house or motel, where lodging is provided by a resident family in its home for compensation, mainly for transients.
TRAVEL TRAILER
A vehicular unit, mounted on wheels, designed to provide temporary living quarters for recreational, camping, or travel use, of such size or weight as not to require special highway movement permits when towed by a motorized vehicle, and of gross trailer area less than 320 square feet (29.7 m. sq.).
TRUCK CAMPER
A portable unit that is constructed to provide temporary living quarters for recreational, travel, or camping use, consists of a roof, floor, and sides, and is designed to be loaded onto and unloaded from the bed of a pickup truck.
USE
The purpose for which land or a building or structure is arranged, designed or intended, or for which either land or a building or structure is, or may be, occupied or maintained.
USE, ACCESSORY
A use of a building, lot or portion thereof which is customarily incidental and subordinate to the principal use of the principal building or lot.
USE, CONDITIONAL
A use which is permitted in a district only if a zoning certificate therefor is expressly authorized by the board of adjustment in accordance with Article II, Division 2 of this chapter.
USE, FIRST PERMITTED IN X DISTRICT
A use which in the sequence of successively less restricted districts occurs as a permitted use for the first time in the X district.
USE, NONCONFORMING
See Nonconforming Use.
USE, PRINCIPAL PERMITTED
A use which is permitted outright in a district for which a zoning certificate may be issued by the zoning inspector in accordance with this chapter.
X DISTRICT
This is used symbolically to represent any use district established in Article III.
YARD
An open space other than a court, on a lot, unoccupied and unobstructed from the ground upward except as otherwise provided in this chapter.
YARD, FRONT
The yard extending across the full width of the lot and the full depth existing between the front lot line and the front line of the main building. For the purpose of this definition, the front line of the main building shall consist of the straight line that exists between the two corners of the main structure nearest to the front lot line and extends to the side lot lines so that the front line of the main building shall be a straight line extending between the two side lot lines.
YARD, FRONT, HOW MEASURED
Such depth shall be measured from the right-of-way line of the existing street on which the lot fronts (the front lot line); provided, however, that if the proposed location of the right-of-way line of such street as established on the thoroughfare plan or on the official map of the City differs from that of the existing street, then the required front yard least depth shall be measured from the right-of-way line of such street as designated on the thoroughfare plan or official map.
YARD, REAR
The yard extending across the full width of the lot and the full depth existing between the rear lot line and the rear line of the main building. For the purpose of this definition, the rear line of the main building shall consist of a straight line that exists between the two corners of the main structure nearest to the rear lot line and extends to the side lot lines so that the front line of the main building shall be a straight line extending between the two side lot lines.
YARD, SIDE
The yard existing between the main building and the side lot line, extending from the front yard to the rear yard, the width of which is the horizontal distance from the nearest point of the side lot line to the nearest point of the main building.
YARD, SIDE, LEAST WIDTH, HOW MEASURED
Such width shall be measured from the nearest side lot line and, in case the nearest side lot line is a side street lot line, from the right-of-way line of the existing street; provided, however, that if the proposed location of the right-of-way line of such street as established on the thoroughfare plan or on the official map of the City differs from that of the existing street, then the required side yard least width shall be measured from the right-of-way of such street as designated on the thoroughfare plan or official map.
ZONING CERTIFICATE
A document issued by the zoning inspector indicating that a proposed use of land conforms to the terms of this chapter.
ZONING INSPECTOR
The authorized representative of the City planning commission designated as zoning inspector.
ZONING MAP
The zoning map of the City dated October 30, 2000, together with all amendments subsequently adopted.
§ 26-3 Adoption of zoning map.
[Z.O., art. II]
The map referred to in this chapter and made a part of this chapter shall be identified by the title "Butler Zoning Map," and all explanatory matter thereon is hereby adopted and made part of this chapter.
§ 26-4 Validity and repeal.
[Z.O., § 10.05]
(a)
Validity. This chapter and the various parts, articles and paragraphs hereof are hereby declared to be severable. If any article, section, subsection, paragraph, sentence or phrase of this chapter is adjudged unconstitutional or invalid by any court of competent jurisdiction, the remainder of this chapter shall not be affected thereby.
(b)
Authentication. The City Clerk is hereby ordered and directed to certify to the passage of this chapter. This chapter shall be in effect and be in force from and after its passage, approval and publication.
(c)
Repeal. All other ordinances of the City inconsistent herewith and to the extent of such inconsistency and no further, are hereby repealed.
§ 26-5 Violations and penalties.
[Z.O., §§ 10.01.08, 10.01.09; Ord. No. 1185, 4-15-2025]
(a)
It shall be unlawful to locate, erect, construct, reconstruct, enlarge, change, maintain or use any building or land in violation of any of the provisions of this chapter, or any amendment or supplement thereto adopted by the City Council. Any person violating any of the provisions of this chapter, or any amendment or supplement thereto, shall be deemed guilty of a misdemeanor; and upon conviction thereof, shall be fined not less than $50. Each and every day during which such illegal location, erection, construction, reconstruction, enlargement, change, maintenance or use continues shall be deemed to be a separate offense.
(b)
In case any building is or is proposed to be located, erected, constructed, reconstructed, enlarged, changed, maintained or used, or any land is or is proposed to be used in violation of this chapter or any amendment or supplement thereto, the City Council, the City attorney, any officer or official of the City, or the zoning inspector, may, in addition to other remedies provided by law, institute appropriate action or proceedings to prevent such unlawful location, erection, construction, reconstruction, alteration, conversion, maintenance or use; to restrain, correct or abate such violation; to prevent the occupancy of the building, structure or land; or to prevent any illegal act, conduct, business or use in or about such premises.
§ 26-6 Conformance.
[Z.O., § 6.01]
Except as hereafter provided, no building or land shall be used or occupied, and no building nor part thereof shall be erected, converted, enlarged, reconstructed or structurally altered which does not comply with all the district regulations established by this chapter for the district in which the building or land is located.
§ 26-7 Street frontage.
[Z.O., § 6.03]
No lot shall contain any building used in whole or in part for any purpose unless such lot abuts for at least 20 feet on at least one street, or unless it has an exclusive, unobstructed private easement of access or right-of-way at least 20 feet wide to a street; and there shall not be more than one single-family dwelling or one nonresidential land use for such frontage or easement.
§ 26-8 Accessory buildings or structures.
[Z.O., § 6.04]
No accessory buildings shall be erected in any required court or in any yard other than a rear yard except as provided hereinafter. Accessory buildings shall be at least two feet in distance from alley lines and from lot lines of adjoining lots which are in residential R Districts, and on a corner lot they shall conform to the setback regulation of the principal building, or at least six feet therefrom, may be connected thereto by a breezeway or similar structure, provided all yard requirements for the principal building are complied with. An accessory building which is not a part of the main building shall not occupy more than 30% of the rear yard and shall not exceed 12 feet in height; however, this regulation shall not be interpreted to prohibit the construction of a garage with a maximum size of 440 square feet on a minimum rear yard.
§ 26-9 Corner lots.
[Z.O., § 6.05; Ord. No. 1158, 1-3-2023]
(a)
For corner lots, front yard regulations shall apply to each street side of the corner lot. For the purposes of this section, the front lot line shall be the property line running along and adjacent to the street right-of-way most in front of the front face of the main building. Notwithstanding the definitions for front yards, rear yards, and side yards referenced in § 26-2 of this chapter, for corner lots abutting two streets, the yards shall be measured as follows:
(1)
Front yards. The yard existing within the space between the following landmarks: the front lot line and side street lot line; the front and side faces of the main building extending from the corner of the main building nearest to where the front lot line and side street lot line connect; a straight line existing parallel to the front lot line and extending, from the corner of the main building nearest to where the front lot line and interior side lot line connect, until reaching the interior side lot line; and a straight line existing parallel to the side street lot line and extending, from the corner of the main building nearest to where the rear lot line and side street lot line connect, until reaching the rear lot line.
(2)
Rear yards. The yard existing within the space between the following landmarks: the portion of the rear lot line not abutting the front yard; the rear face of the main building; a straight line existing parallel to the rear lot line and extending, from the corner of the main building nearest to where the rear lot line and interior side lot line connect, until reaching the interior side lot line; and a straight line existing parallel to the side street lot line and extending, from the corner of the main building nearest to where the rear lot line and side street lot line connect, until reaching the rear lot line.
(3)
Side yards. The portion of the yard existing in between the front yard and the rear yard.
(b)
Notwithstanding the definitions for front yards, rear yards, and side yards referenced in § 26-2 of this chapter, for corner lots abutting three streets, the yards shall be measured as follows:
(1)
Front yards where the rear face of the main building is facing an interior lot line. The yard existing within the space between the following landmarks: the front lot line and two side street lot lines; the front and two side faces of the main building; a straight line existing parallel to the side street lot line and extending, from the corner of the main building nearest to where the rear lot line and one side street connect, until reaching the rear lot line; a straight line existing parallel to the other side street lot line and extending, from the corner of the main building nearest to where the rear lot line and the other side street connect, until reaching the rear lot line.
(2)
Front yards where the rear face of the main building is facing a street lot line. The yard existing within the space between the following landmarks: the three lot lines lying along the three streets abutting the corner lot; the faces of the main building excluding that face closest to the interior side lot line; a straight line existing parallel to the front lot line and extending, from the corner of the main building nearest to where the front lot line and interior side lot lane connect, until reaching the interior side lot line; a straight line existing parallel to the side street lot line closest to the rear face of the main building, and extending, from the corner of the main building nearest to where the interior side lot line and the other side street connect, until reaching the interior side lot line.
(3)
Rear yards. The portion of the yard not considered front yard as defined in Subsection (b)(1) and (2).
(4)
Side yards. No side yards in corner lots abutting three streets.
§ 26-10 Yard reduction.
[Z.O., § 6.06]
No lot shall be reduced in area so as to make any yard or any other open space less than the minimum required by this chapter. No part of a yard or other open space provided about any building or structure for the purpose of complying with the provisions of this chapter shall be included as part of a yard or other open space required under this chapter for another building or structure.
§ 26-11 Yard requirements along zoning boundary line.
[Z.O., § 6.07]
Along any zoning boundary line, on a lot adjoining such boundary line in the less restricted district, any abutting side yard, rear yard or court, unless subject to greater restrictions or requirements stipulated by other provisions of this chapter, shall have a minimum width and depth equal to the average of the required minimum width or depth for such side yards, rear yards or courts in the two districts on either side of such zoning boundary line. In cases where the height of a proposed structure on such lot in the less restricted district is greater than the maximum height permitted in the adjoining more restricted district, the minimum depth or width of the side yard, rear yard or court for such structure shall be determined by increasing the minimum width or depth for the highest structure permitted in such more restricted district by one foot for each two feet by which the proposed structure exceeds the maximum height permitted in the more restricted district.
§ 26-12 Building lines on approved plats.
[Z.O., § 6.08]
Whenever the plat of a land subdivision approved by the planning commission and on record in the office of the county recorder shows a setback building line along the frontage for the purpose of creating a front yard or side street yard line, the building line thus shown shall apply along such frontage in place of any other yard line required in this chapter unless specific yard requirements in this chapter require a greater setback.
§ 26-13 Zoning districts dividing property.
[Z.O., § 6.09]
Where one parcel of property is divided into two or more portions by reason of different zoning district classifications, each of these portions shall be used independently of the others in respective zoning classification. For the purpose of applying the regulations of this chapter, each portion shall be considered as if in separate and different ownership.
§ 26-14 Storage containers.
[Ord. No. 1030, 2-7-2017]
(a)
Only accessory storage buildings defined in Section 26-2 shall be permitted as accessory storage containers on property in any residential zone of the City, or on any property within the City the primary use of which is residential. Cargo containers, railroad cars, truck vans, converted mobile homes, travel trailers, recreational vehicles, bus bodies, vehicles, and similar prefabricated items and structures originally built for purposes other than the storage of goods and materials are not permitted to be used as accessory storage buildings in the City of Butler, Missouri.
(b)
Notwithstanding the provisions set forth in Subsection (a) of this section, the temporary placement of transport containers and/or portable site storage containers on residentially zoned properties, or on properties the primary use of which are residential, for the limited purpose of loading and unloading household contents shall be permitted for a period of time not exceeding 30 days in any one calendar year.
(c)
Notwithstanding the provisions set forth in Subsection (a) of this section, licensed and bonded contractors may use cargo containers for the temporary location of an office, equipment, and/or materials storage structure during construction which is taking place on the property where the cargo container is located, if the use of the cargo container is authorized pursuant to a City building permit.
(d)
Current violations — Time to comply. All owners of property within the City shall have 30 days from the effective date of the ordinance codified in this chapter to bring the properties, which currently contain accessory storage buildings that are in violation of the terms of this chapter, into full compliance with the provisions of this chapter.
(e)
Conflicts. In the event any conflict exists between the provisions of this chapter and other currently existing provisions of the Butler Municipal Code or other ordinances of the City, the terms and provisions of this chapter shall take precedence and to the extent of any such conflict, the terms and conditions of any existing provisions of the Butler Municipal Code or other ordinances of the City shall be and hereby are amended insofar as necessary to conform to the provisions of this chapter.
(f)
Violations — Penalties. Violation of this chapter shall be enforced pursuant to the procedures and penalties set forth in Section 1-7 as the same exists now or may hereafter be amended.
