Butler City Zoning Code

Agriculture, horticulture, nurseries, greenhouses, orchards, general farming and dairy operations.

Riding stables, riding paths and polo fields, provided the stables shall be located not less than 100 feet from any property line.

Fur farming, for the raising of furbearing animals providing buildings and pens shall be located not less than 100 feet from any property line.

Kennels, provided that buildings and pens shall be located not less than 200 feet from any property line; and fish hatcheries, apiaries and aviaries.

Agricultural accessory uses, including repair shops, sheds, garages, barns, silos, bunkhouses, incidental dwellings, buildings and structures commonly required for any of the above uses.

Rural nonfarm single-family dwellings are permitted on lots or other parcels of property ownerships of 2 1/2 acres or more.

Any building or structure customarily incidental to any of the aforesaid permitted uses.

Temporary produce stands which are open no more than six (6) months in a twelve (12) month period.

Parking facilities, garages, carports, or other parking spaces for the exclusive use of residences on the premises.

Swimming pools exclusively for the use of the residents on the premises, and their guests.

Real estate, small announcement and professional signs subject to the provisions of Article VI, Division 2.

No-impact home-based businesses as defined in § 26-170 of this City's Code located within any dwelling permitted within this District.

Summer houses and living quarters, used by persons employed on the premises, without kitchen facilities and not rented or otherwise used as a separate dwelling, unless by a caretaker of the premises.

Height. Buildings or structures shall not exceed 35 feet and shall not exceed 2 1/2 stories in height.

Lot area. Each dwelling shall provide a lot area of not less than 2 1/2 acres per family, provided that where a lot has less area than herein provided in separate ownership at the time of the passage of this chapter, the regulations shall not prohibit the erection of a single-family dwelling.

Lot width. The lot width shall not be less than 150 feet.

Front yards. The front yards shall not be less than 30 feet.

Side yards. The total side yard requirements shall be not less than 30 feet with the least side yard minimum of 15 feet unless otherwise stated more restrictively in other sections of this chapter.

Rear yards. The rear yards shall have a minimum depth of at least 30 feet unless otherwise more restricted in other sections of this chapter.

Single-family detached dwellings.

Public elementary schools and private or public nursery schools.

Public secondary schools when located on major thoroughfares.

Private and parochial schools on property which abuts on major thoroughfares.

Public, private or country club golf courses of not less than 40 acres.

Customary accessory buildings.

Public parks, playgrounds, swimming pools, community centers, athletic fields and recreation building therein.

Temporary buildings, when permit is issued by zoning enforcement officer, to house offices, equipment storage of other functions incidental to construction and development activities provided that such buildings shall be removed within 11 months from the initial date of permit for their erection.

Churches or other places of worship, including religious education, buildings or other associated structures fronting or siding on major thoroughfares or collector streets as designated on the major thoroughfare plan.

Fire stations on major thoroughfares.

Electric substations, natural gas regulator stations, and public utility pumping stations and devices for the metering of electrical gas or water services to dwellings.

House trailers or other mobile homes for a period not to exceed 72 hours.

Funeral homes on property with all points of access and egress on major streets.

Agricultural uses, including temporary produce stands, nurseries, truck gardening and greenhouses, provided that no offensive odors or dust are created, and provided further that no retail sales shall be permitted on the premises nor the raising of livestock, except chickens and rabbits as permitted in Chapter 5 of the Code of Ordinances.

Dwelling groups when in conformance with the provision of § 26-157 and with the specific recommendations and restrictions of the planning commission.

Private garage or carport.

Temporary buildings for use during the construction of a specific permitted use which upon completion or abandonment of the construction work shall be removed.

One sign not exceeding 36 square feet of an area referring to the construction, lease, hire or sale of a building, premises or subdivision lot which sign shall refer to property on which the sign is located and shall be removed as soon as the premises are sold or leased or construction is completed.

No-impact home-based businesses as defined in § 26-170 of this City's Code located within any dwelling permitted within this District.

Lot area. The lot area shall not be less than 10,000 square feet. When water and sewer facilities are not available, the minimum lot area will be one acre, or 43,560 square feet.

Front yard. The front yard shall not be less than 35 feet.

Side yard. The total side yard requirements shall be 20 feet with the least side minimum of eight feet for dwellings. All other principal buildings shall have 45 feet in each side yard.

Rear yard. The rear yard shall not be less than 35 feet for a dwelling and 45 feet for any other principal building.

Lot width. The lot width shall not be less than 90 feet.

Building height. The maximum height for the principal building shall not exceed 35 feet or 2 1/2 stories. The accessory building height is limited to a maximum of twenty (20) feet.

Any use permitted in the R-1 district.

Reserved.

Community development projects when in conformance with the provisions of Article VI, Division 4, and with the specific recommendations and restrictions of the planning commission.

Any accessory use permitted in the R-1 district.

No-impact home-based businesses as defined in § 26-170 of this City's Code located within any dwelling permitted within this District.

Lot area. The lot area shall be not less than 8,000 square feet.

Front yard. The front yard shall not be less than 30 feet.

Side yard. The total side yard requirements shall be 20 feet with the least side being a minimum of eight feet for each dwelling. All other buildings shall have 25 feet of side yard in each direction.

Rear yard. The rear yard shall not be less than 35 feet for a dwelling and 45 feet for any other building.

Lot width. The lot width shall not be less than 70 feet.

Building height. No principal structure shall exceed 2 1/2 stories or 30 feet in height, and no accessory structures shall exceed one story or 20 feet in height, except as permitted in this chapter.

Crematoriums.

All uses in the R-2 district.

Duplex dwelling units.

Dwelling groups in compliance with the provisions of Section 26-157.

Community development projects in compliance with the provisions of Section 26-158.

Clubs, sororities, fraternities, lodges and meeting places for other organizations not including any use that is customarily conducted as a gainful business.

Institutional uses to include hospitals for human care, sanitariums, rest homes or nursing homes for convalescent patients, children's nurseries and similar uses provided that any lot or tract of land in such use shall be not less than 20,000 square feet in area and provided that any building in which patients are housed shall be at least 50 feet distant from any lot line and provided that buildings that are used for the treatment of contagious diseases, the care of epileptics, drug addicts, the feeble-minded or insane shall be at least 250 feet distance from any lot line in the R-3 district.

Any accessory use or structure permitted and as regulated in the R-2 district, and any accessory use or structure customarily incident or accessory to a principal or conditional use in the R-3 district.

No-impact home-based businesses as defined in § 26-170 of this City's Code located within any dwelling permitted within this District.

Roomers not to exceed four roomers or boarders by resident family.

Lot area. The lot area shall not be less than 5,000 square feet per dwelling unit, except as modified in Section 26-157 or 26-158. In the instance of dwelling units containing one or less bedrooms, the minimum lot area per dwelling unit may be reduced to 3,500 square feet.

Front yard. The front yard shall not be less than 35 feet.

Side yard. Total side yard requirements shall be 20 feet with the least side minimum of eight feet for buildings containing dwelling units. All other buildings shall have 25 feet of side yard in each direction except as otherwise modified herein.

Rear yard. The rear yard shall not be less than 40 feet, for structures containing dwelling units, and 45 feet for any other structure, except as otherwise modified herein.

Lot width. The lot width shall not be less than 65 feet, except as otherwise modified in Section 26-158.

Building height. No principal building shall exceed 2 1/2 stories, or 30 feet in height, and no accessory structure shall exceed one story or 20 feet in height, except as permitted in Section 26-132.

All uses in the R-3 district.

Multiple-family dwellings for any number of families or housekeeping units including row houses, provided that the minimum width of each individual dwelling unit in any row house measured from interior wall to interior wall along the exterior front wall shall not be less than 18 feet.

Clinics for human care, homes for the aged, sanitariums, but not including those for the resident care of epileptics, drug addicts, the feeble-minded, insane, or contagious diseases except when in conformance with Section 26-104(b)(6).

Home-based businesses are allowed to operate as offices, professional offices, and offices for financial, insurance, real estate, civic, educational, religious, and philanthropic organizations, whether for single or multiple occupancy. A home-based business is any business operated in a residential dwelling that manufactures, provides, or sells goods or services and that is owned and operated by the owner or tenant of the residential dwelling. However, use of a home-business may be restricted by any deed, covenant, or agreement restricting the use of land. All buildings must function as home office buildings, and individuals may maintain an office or conduct a customary home occupation within their private residence. This is permitted as long as there are no extensions or modifications that alter the outward appearance of the dwelling, and there is no outward evidence of the business other than a single, non-illuminated sign that does not exceed one square foot in area, attached flat against the building.

Any accessory use or structure permitted and as regulated in the R-3 district and any accessory use or structure customarily incident or accessory to a principal or conditional use in the R-4 district.

No-impact home-based businesses as defined in § 26-170 of this City's Code located within any dwelling permitted within this District.

Lot area. The lot area shall not be less than 2,000 square feet per dwelling unit, except as modified in §§ 26-157 or 26-158. In the instance of dwelling units containing one or less bedrooms, the minimum lot area per dwelling unit may be reduced to 1,500 square feet.

Front yard. The front yard shall not be less than 25 feet.

Side yard. Total side yard requirements shall be 20 feet with the least side minimum of eight feet for buildings containing dwelling units. All other buildings shall have 25 feet of side yard in each direction, except as modified herein.

Rear yard. The rear yard shall not be less than 40 feet for structures containing dwelling units, and 45 feet for any other structure, except as modified herein.

Lot width. The lot width shall not be less than 65 feet except as otherwise modified herein.

Building height. No principal building shall exceed 3 1/2 stories or 40 feet in height, and no accessory structures shall exceed one story or 20 feet in height, except as permitted in this chapter.

Grocery store, supermarkets.

Temporary produce stands which are open no more than six (6) months in a twelve (12) month period.

Drugstores.

Clothing or wearing apparel shops.

Barbershops.

Beauty shops.

Restaurants.

Shoe repair shops.

Public and private parking lots.

Offices.

Appliance stores.

Banks and saving and loan companies.

Laundry and drycleaning pickup stations.

Bakeries whose products are sold at retail on the premises.

Self-service laundries.

Gasoline service stations.

Store or shop for the conducting of a convenience type retail business.

Residential uses.

Heavy commercial uses, such as automotive repair or lumberyards or other similar type uses.

Industrial uses of all types.

Lot area. The minimum lot area in the C-1 planned business district must be a minimum of 2 1/2 acres or 108,900 square feet.

Front yard transition. Where a C-1 district abuts a residential district along a street line, there shall be provided for any development or structure, a distance of 50 feet from the district boundary line into said C-1 district, plus a front yard equal in depth to one-half of the required front yard for such residence district.

Side and rear yard transition. On every lot in the C-1 district that abuts directly a residence district, there shall be provided side and rear yards equal to that of the abutting residence district or of suitable dimensions to provide for adequate circulation of light, air and traffic as the district may require.

Building height. No building shall be erected in the C-1 district in excess of 35 feet, except as permitted in this chapter.

Site plan requirements. Before C-1 zoning may be granted, the application for such zoning must be accompanied by a site plan showing the specific location of buildings and open spaces, as well as a plan for the general types of businesses or land use proposed in this district in conformance with the provisions of Section 26-159 and receive approval pursuant to § 26-159.

Any use permitted in the C-1 district.

Any other retail use.

Banks and financial institutions.

Hotels.

Repair and service of automobiles.

Theaters.

Bowling alleys.

Bus and rail terminal facilities.

Post offices.

Other retail and service establishments to include mail order houses, used merchandise stores, roadside stands, funeral homes and mortuaries, and similar uses.

Wholesale and warehousing establishments.

Trade or business schools provided that the machinery used for instruction is not objectionable due to noises, fumes, smoke, odor or vibration.

Commercial art studios.

Animal hospitals.

Commercial recreation establishments provided such establishments shall be at least 100 feet from any R district.

Bottling works of soft drinks or milk, provided buildings used for processing and distribution shall be at least 200 feet from any R district.

Parking structures and lots.

Building and related trades, shops, not including contractor's yards, providing such establishments are at least 100 feet from any R district.

Miscellaneous trades and businesses such as sheet metal shops, sign painting shops, monument service shops, providing such establishments are at least 100 feet from any R district.

Contractor's yards and related establishments, such as building material yards, excluding concrete mixing; including contractor's equipment, storage yard or plant, storage yard for rental of equipment commonly used by contractors; trucking or motor freight stations or terminals; retail lumberyards, including incidental millwork; storage and sales of grain, livestock feed or fuel; carting, express or hauling establishments, including storage of vehicles; provided such uses are conducted either:

Printing, publishing and related trades when not within 100 feet of any R district. Any other use which is determined by the planning commission to be of the same general character as the above permitted uses, but not including any use which is first permitted in the I-1 district or which is prohibited in the R-1 district.

(Reserved)

Residences above, behind or as an adjunct to the principal structure, except that there shall not be more than two complete dwelling units per floor of each structure having a minimum of 600 square feet of net floor area per unit. Dwelling unit is defined as a single unit providing complete, independent living facilities for one or more persons including permanent provisions for living, sleeping, eating, cooking and sanitation. Net floor area is defined as the actual occupied area not including unoccupied accessory areas such as corridors, stairways, toilet rooms, mechanical rooms and closets. Dwelling units occupying any floor other than the ground floor shall have access to at least one exterior emergency escape and rescue opening. Such opening shall open directly into a public street, public alley, yard or court. This section applies only to those buildings that have a commercial use on the ground floor in an area generally described as being bounded on the east by Lyon Street, on the north by Pine Street, on the west by Havana Street, and on the south by Fort Scott Street. New residential dwelling units in this area shall only be permitted following the submission of building plans with approval of the City Administrator and Fire Chief. Appeals shall be made to the board of adjustment.

Accessory uses in structures customarily accessory to and incidental to any of the foregoing permitted C-2 district uses.

Outdoor advertising for service stations or parking lots and other predominantly open commercial land uses to the extent that it will include one freestanding identification sign not to exceed 20 feet in height. Such sign shall set back not less than 12 feet from any right-of-way line and shall not project over any such right-of-way. Identification signs shall comply with all other applicable regulations of this chapter, including Article VI, Division 2.

Residential uses in multistory buildings that are in existence and have operated as residential establishments prior to the enactment of this chapter and only then when specifically authorized by the zoning administration officer, in compliance with the provisions of this chapter.

To the extent any residential use is permitted within this District, no-impact home-based businesses as defined in § 26-170 of this City's Code located within any residential use allowed within this District.

One-family detached dwellings;

Duplex dwelling units;

Apartments, apartment efficiencies, and apartment hotels;

Dwelling groups in compliance with the provisions of § 26-157;

Clubs, sororities, fraternities, lodges, and meeting places for other organizations;

Multiple-family dwellings;

Any accessory use or structure customarily incident or accessory to a conditional use provided above or to a residential use that was in existence and has operated as a residential establishment prior to the enactment of this chapter except that no conditional use permit shall be required for the operation of a no-impact home-based business as defined and permitted in § 26-170 of this City's Code.

Lot area. There is no minimum lot area requirement in the C-2 district, except as required by other provisions herein.

Yard requirements. Yard requirements in the C-2 district shall be the same as that for the C-1 district.

Motels and motor hotels.

Restaurants and drive-in eating and drinking establishments provided that the premises shall be enclosed by a solid wall or fence at least six feet high where it abuts in the rear or beside any R district, public park, church, or school.

Automotive services and automatic car wash establishments subject to § 26-156.

General retail uses, such as groceries, delicatessens, gift shops.

Outdoor advertising of any kind, subject to Article VI, Division 5.

Drive-in theaters with a minimum lot area of 10 acres and with special permission from the planning commission.

Circus and amusement park only with special permission from the planning commission.

Gun clubs and rifle ranges not less than 200 feet from any R district only with special permission from the planning commission.

Race courses, with any kind, including horse racing and automobile racing only with special permission of the planning commission and not less than 2,000 feet from any R district.

Stadiums, arenas, and other places of assembly with a maximum seating capacity of 2,000.

Reserved.

Animal hospital or veterinarian clinic.

Any use permitted in the C-2 district.

Rental storage units. These units shall be prohibited uses in the following locations:

Any accessory use or structure customarily accessory and incidental to any of the foregoing permitted C-3 district uses.

To the extent any residential use is permitted within this District, no-impact home-based businesses as defined in § 26-170 of this City's Code located within any residential use allowed within this District.

Any conditional use permitted in the C-2 district.

Crematoriums.

Lot area. There is no requirement for lot area except as otherwise provided herein.

Yard requirements.

Building height. Building height in the C-3 district will not exceed four stories or 50 feet for any structure within 200 feet of an R district nor otherwise shall it exceed in height the distance measured to the centerline of any street except as provided by this chapter.

Truck terminals.

Cold storage structures.

Wholesale establishments.

Warehouses and grain storage.

Laundries and drycleaning establishments.

Trade shops, such as plumbing and electrical shops.

Assembly of electrical appliances, electronic instruments and devices, radios and phonographs, including electroplating and manufacture of small parts only, such as coils, condensers, transformers, crystal holders.

Assembly of agricultural or farm implements, aircraft and aircraft parts, automobile, trucks, trailers and motorcycles.

Boat manufacture.

Printing and publishing plants.

Bottling plants.

Only those retail commercial establishments which are a necessary convenience to the industries and their employees, such as restaurants.

Living quarters for bona fide caretakers and/or watchmen and their families. All other dwelling or living quarters are expressly prohibited.

Fuel storage yard, except butane and propane gases.

Blacksmith shop, welding shop, and machine shop.

Ice manufacturing plant.

Lumberyards.

Manufacture and maintenance of electric and neon signs, billboards, commercial advertising structures, light sheet metal products, including heating ventilating ducts and equipment, cornices, eaves, and similar products.

Manufacture, compounding, processing, packaging to treatment of such products as bakery goods, candy, cosmetics, dairy products, gelatin, perfumes, pharmaceuticals, toiletries, and food products, except the following: fish and meat products, sauerkraut, vinegar, yeast, and the rendering or refining of fats and oils.

Manufacture of musical instruments, toys, novelties, and rubber or metal stamps.

Manufacture of pottery and figurines or other similar ceramic products using only previously pulverized clay, and kilns fired only by electricity or gas.

Stonework.

Tinsmith and roofing service.

Public utility buildings and major structures, including radio and television broadcasting stations.

Industrial research laboratories.

Accessory uses clearly incidental to a permitted use and which will not create a nuisance or hazard.

Any use permitted and regulated in the C-2 or C-3 commercial districts, except as herein prohibited or modified.

Rental storage units.

Any accessory use and accessory structure permitted and as regulated in the C-2 and C-3 districts, except as herein modified or prohibited and such other uses, and structures customarily accessory and incidental to any of the foregoing permitted uses in the I-1 district.

To the extent any residential use is permitted within this District, no-impact home-based businesses as defined in § 26-170 of this City's Code located within any residential use allowed within this District.

Any use which is prohibited in the I-2 district.

Dwelling and residences of any kind except where they are incidental to a permitted principal use, provided, however, that any of the aforesaid uses legally existing in the I-1 district at the time of the adoption of this chapter, or any amendment thereto, shall not be classified as a nonconforming use as defined in this chapter, and be subject to the provisions of Section 26-33.

Lot area. There are no requirements for minimum lot area in the I-1 district except for those permitted residential uses that legally existed prior to the adoption of this chapter which must conform to the provisions of minimum lot size for the R-2 district.

Front yard. The front yard shall not be less than 25 feet.

Side yard. There are no side yard requirements in the I-1 district except on those lots adjoining any R district which will then have a side yard of not less than 25 feet for each side yard.

Rear yard. The rear yard shall not be less than 30 feet for one-story structures, 40 feet for two-story structures, and 50 feet for three-story structures. For any structure in excess of three stories, the rear yard requirement will be 50 feet plus five feet for each additional story.

Building height. Within 200 feet of any R district, no structure shall exceed three stories or 50 feet in height, and no structure otherwise shall exceed in height the distance measured to the centerline of any street except as provided in this chapter.

Any use permitted and as regulated in the I-1 district, except as hereinafter modified.

Any manufacturing use which is not prohibited altogether by this article, or is not listed as a conditional use by permit only, and subject to the provisions of Article VI, Division 2.

Automobile salvage and wrecking operations and junkyards, including industrial metal and waste salvage operations if not located less than 200 feet from any A or R district, provided all operations are conducted within an area enclosed on all sides with a solid wall or screen fence not less than eight feet high and provided further that such operations shall not be visible from the nearest street or highway and shall be properly maintained and kept in acceptable condition.

Automobile and truck service stations permitted in accordance with § 26-156.

Railroad yard and freight station if located not less than 100 feet from any R district.

Any other use which is determined by the planning commission to be of the same general character as the above permitted uses provided it can comply with the performance standards in Article VI, Division 2.

Acetylene manufacturing in excess of 15 pounds pressure per square inch.

Acid manufacture.

Asbestos manufacturing.

Automobile or truck assembly.

Bleaching, cleaning and dyeing plant.

Boiler shops, railway car or locomotive shops, including repair, metal working shops employing reciprocating hammers or presses.

Brewing or distilling of liquors.

Brick, pottery, tile and terra cotta manufacturing.

Bulk station.

Candle or sperm oil manufacturing.

Cooperage works.

Destrine, starch or glucose manufacturing.

Disinfectant, insecticide or poison manufacturing.

Enameling, lacquering or japanning; varnishing.

Emery cloth or sandpaper manufacturing.

Felt manufacturing.

Fish products.

Flour or grain mill.

Forge or foundry works.

Grain drying or poultry feed manufacturing, from refuse, mash or grain.

Hair or hair products manufacturing.

Incinerators.

Jet engine manufacturing or testing.

Lime or lime products manufacturing.

Linoleum, oil cloth or oiled goods manufacturing.

Match manufacturing.

Meat packing.

Paper and pulp manufacturing.

Perfume manufacturing.

Pickle, sauerkraut, vinegar or yeast manufacturing.

Plaster manufacturing.

Poultry slaughterhouse, including packing and storage for wholesale.

Printing ink manufacturing.

Radium extraction.

Ready-mix concrete plants.

Sandblasting or cutting.

Sawmill, the manufacture of excelsior, wood fiber or sawdust products.

Shoddy manufacturing.

Shoe blacking or polish or stove polish manufacturing.

Steam power plant, except where accessory to a permitted principal use.

Stone and monument works.

Slag piles.

Other uses which in the opinion of the planning commission and board is of similar character with respect to the emission of dangerous and offensive elements to the uses listed above.

Rental storage units.

Accessory uses and accessory structures permitted and as regulated in the I-1 district, except as hereinafter modified and such other uses and structures customarily accessory and incidental to any I-2 use or condition use.

To the extent any residential use is permitted within this District, no-impact home-based businesses as defined in § 26-170 of this City's Code located within any residential use allowed within this District.

Dwellings in residences of any kind, trailer parks, schools, hospitals, clinics and other institutions for human care except where incidental to a principal use; provided, however, that any of the aforesaid uses legally existed in the I-2 district at the time of adoption of this chapter or any amendments thereto, shall not be classified as a nonconforming use as defined in this chapter, and subject to the provisions of § 26-33.

Retail businesses and personal service establishments except when incidental and accessory to a permitted principal use, except for automobile and truck service stations, restaurants and motels which are permitted.

Lot area. There is no minimum lot area in the I-2 district except for those residential structures which are permitted under the provisions of the preceding paragraph, which must then conform to the restrictions placed on the district which they would normally be a part of.

Front yard. The front yard shall not be less than 50 feet.

Side yard. The side yard shall not be less than 50 feet for any lot abutting to an R district, however, there is no minimum side yard requirement for parcels not in this category.