Butler City Zoning Code
ARTICLE V
Exceptions and Modifications
§ 26-131 Lots of record.
[Z.O., § 8.11.01; Ord. No. 1185, 4-15-2025]
(a)
Dwelling on any lot of record. In any district where dwellings are permitted, a one-family detached dwelling may be erected on any lot of official record at the effective date of this chapter, irrespective of its area or width, provided the applicable yard and other open space requirements are complied with as nearly as possible.
(b)
Minimum yards. In most cases, the width of any side yard shall not be less than 10% of the width of the lot, and provided that on a corner lot, the width of the side yard adjoining the side street lot line shall not be less than eight feet or 30% of the frontage, whichever is the greater. In most cases, the depth of the rear yard shall not be less than 10 feet. Front, side or rear yard encroachments as specified in § 26-134 shall be prohibited in the case of substandard lots of record and the yard width of such lots shall be measured from the edge of any projection or overhang to the lot line. In the case of substandard of lots of record, the City Administrator and/or the Building Inspector shall determine what the specifics of what the particular home need to be.
§ 26-132 Height modifications.
[Z.O., § 8.11.02]
(a)
Height limitations not applicable. The height limitations stipulated elsewhere in this chapter shall not apply to the following:
(1)
Farm buildings, architectural features, etc. Barns, silos, or other farm buildings or structures on farms; to church spires, belfries, cupolas and domes, monuments, water towers, fire and hose towers, observation towers, transmission towers, windmills, chimneys, smokestacks, flag poles, radio towers, masts and aerials; to parapet walls extending not more than four feet above the limiting height of the building.
(2)
Places of public assembly. Places of public assembly in churches, schools and other permitted public and semipublic buildings, provided that these are located on the first floor of such buildings and provided that for each three feet by which the height of such building exceeds the maximum height otherwise permitted in the district, its side and rear yards shall be increased in width or depth by an additional foot over the side and rear yards required for the highest building otherwise permitted in the district.
(3)
Elevator penthouses, water tanks, etc. Elevator penthouses, water tanks, monitors and scenery lofts, provided no linear dimension of any such structure exceeds 50% of the corresponding street lot line frontage; or to towers and monuments, fire towers, hose towers, cooling towers, grain elevators, gas holders or other structures, where the manufacturing process requires a greater height.
(b)
Minimum requirements. All such structures above the heights otherwise permitted in the district shall not occupy more than 25% of the area of the lot and shall be distant not less than 50 feet in all parts from every lot line not a street lot line.
§ 26-133 Yard and frontage modifications in R Districts.
[Z.O., § 8.11.03]
(a)
Average depth of front yards. In any R district, where the average depth of at least two existing front yards on lots within 100 feet of the lot in question and within the same block front is less or greater than the least front yard depth prescribed elsewhere in this chapter, the required depth of the front yard on such lot shall be modified. In such cases, this shall not be less than the average depth of the existing front yards on the two lots immediately adjoining or, in the case of a corner lot, the depth of the front yard on the lot immediately adjoining; provided, however, that the depth of a front yard on any lot shall be at least 10 feet and need not exceed 50 feet; and provided, further, that in no event shall the depth of a front yard of a corner lot be less than 25 feet.
(b)
Steep slopes, front yard garage. In any R district where the natural grade of a lot within the required front yard has an average slope, normal to the front lot line at every point along such line, of such a degree or percent of slope that it is not practicable to provide a driveway with a grade of 12% or less to a private garage conforming to the requirements of this chapter, such garage may be located within such front yard, but not in any case closer than 12 feet to the street line.
(c)
Double-frontage lots. Buildings on lots having frontage on two nonintersecting streets need not have a rear yard if an equivalent open space is provided on the lot in lieu of such required rear yard; applicable front yards must be provided, however, on both streets.
(d)
Rear and side yards, how computed. In computing the depth of a rear yard or the width of a side yard, where the rear or side yard abuts an alley, one-half of the width of the alley may be included as a portion of the required rear or side yard, as the case may be. However, in no event shall any building or structure be erected closer than five feet from any lot line.
(e)
Side yard increased. Each side yard, where required, shall be increased in width by two inches for each foot by which the length of the side wall of the building, adjacent to the side yard, exceeds 40 feet.
(f)
Side yard, corner lot. A side yard along the side street lot line of a corner lot, which lot abuts in the rear, either directly or across an alley, the side lot line of another lot in an R district, shall have a width of not less than one-half the required depth of the front yard on such other lot fronting the side street.
(g)
Frontage modifications. In the case of curvilinear streets and cul-de-sacs, the board may authorize a reduction of the otherwise specified lot frontage in R districts, provided that:
§ 26-134 Yard projections in R Districts.
[Z.O., § 8.11.04; Ord. No. 547, § 1, 9-7-1993; Ord. No. 1158, 1-3-2023; Ord. No. 1185, 4-15-2025]
(a)
Generally. Certain architectural features may project into required yards or courts as provided in this section.
(b)
Front and side yards. Into any required front yard, or required side yard adjoining a side street lot line:
(1)
Cornices, canopies, eaves or other architectural features, may project a distance not exceeding two feet, six inches.
(2)
Fire escapes, may project a distance not exceeding four feet, six inches.
(3)
An uncovered stair, and necessary landings may project a distance not to exceed six feet, provided such stair and landing shall not extend above the entrance floor of the building except for a railing not exceeding three feet in height.
(4)
Bay windows, balconies, uncovered porches and chimneys may project a distance not exceeding three feet, provided that such features do not occupy, in the aggregate, more than one-third of the length of the building wall on which they are located.
(c)
Interior side yards. Subject to the limitations in Subsection (b) the above-named features may project into any required side yard adjoining an interior side lot line, a distance not to exceed one-fifth of the required least width of such side yard, but not exceeding three feet in any case.
(d)
Rear yards. Subject to the limitation in Subsection (b) the features named therein may project into any required rear yards the same distances they are permitted to project into a front yard.
(e)
Fences, walls and hedges.
(1)
Fences, walls and hedges not exceeding four feet in height measured from the surface of the ground to the top of the fence may be located in any yard.
(2)
Fences, walls and hedges not exceeding six feet in height measured from the surface of the ground to the top of the fence may be located in rear and side yards; provided, on corner lots such fence, wall or hedge shall be set back at least twelve (12) feet from the property line parallel to and abutting the street.
(3)
Fences, walls and hedges exceeding six feet in height are not permitted.
(4)
Fence materials: Fences shall be constructed of materials commonly recognized and sold as fencing such as chain link, woven wire, wood pickets, slats, poles, or other decorative and/or ornamental fencing materials (i.e., wrought iron). Barbed wire, razor wire, fences with sharp points or edges; and fences constructed of metal panels, wood panels or plastic panels are prohibited.
(5)
Property lines: It shall be the responsibility of property owners to determine the location of property lines so fences do not encroach on easements, alleys, rights-of-way or adjoining properties.
§ 26-135 Lot area requirements in case of private sanitary facilities.
[Z.O., § 8.11.05]
§ 26-136 Conditional uses.
[Ord. No. 1048, § 1, 12-19-2017; Ord. No. 1140, 6-1-2021; Ord. No. 1155, 10-18-2022[1]; Ord. No. 1185, 4-15-2025]
(a)
Statement of intent. The division of the City into zoning districts is based on the principle that similar conditions prevail throughout a particular district. Some uses of land are not appropriate as a "permitted use" in certain districts and are designated as conditional uses. These uses may be approved at a particular location because of factors or reasons not applicable to the zoning district as a whole. Conditional uses may have a unique impact on the adjoining uses of land, and are therefore subject to individualized considerations as to location and conditions of use to protect and promote the basic purposes of this chapter. A conditional use permit may be issued by the City Council following the procedures set forth in this section.
(b)
When conditional use permit required.
(1)
Uses for which a conditional use permit is specifically required as set forth elsewhere in this chapter.
(2)
Uses not specifically set forth as "permitted uses," "prohibited uses" or as "uses subject to conditions" elsewhere in this chapter shall be deemed to be "conditional uses" unless otherwise determined. The planning and zoning commission and City Council may consider granting a conditional use permit for such uses in accordance with the zoning code.
(c)
No-impact home-based businesses. No conditional use permit shall be required for the operation of a no-impact home-based business, as defined in § 26-170, within any allowable dwelling or residence as permitted within the applicable district.
(d)
Conditional use permit; application — Contents and submission requirements. The following items shall be submitted in support of an application for a conditional use permit:
(1)
A completed application on a form provided by the City.
(2)
A comprehensive narrative description of the use sought, both as to function and operation, and as to structures, installations, equipment or surface improvements, changes or other requirements incidental to such use.
(3)
The length of term of the use after the date of issuance of the permit, if applicable.
(4)
Special conditions relating to the operation of the proposed use(s), site development and other pertinent descriptive factors.
(5)
Color photographs of surrounding structures within 185 feet and site plan and elevation drawings of the proposed conditional use in sufficient detail to determine compliance with the zoning district regulations in which the conditional use is to be located.
(e)
Consideration of conditional use permit applications.
(1)
Public hearing required. Consideration of all applications for conditional use permit shall require a public hearing before the planning and zoning commission and City Council, with publication notice and notice to surrounding property owners within 185 feet of the property. The public hearing will take place at the next meeting of the planning and zoning commission, following necessary time for notice of the public hearing.
(f)
Standards for approval.
(1)
Conditional uses may be approved by action of the City Council after recommendation from the planning and zoning commission. Conditional uses may be approved with conditions including, but not limited to, requirements for special yards, open spaces, buffers, fences, walls, and screening; the installation of landscaping and maintenance; provisions for erosion control; requirements for street improvements, dedications, limitations on ingress and egress movements into and out of the site, and traffic circulation; limitation on signage; limitation on hours of operation and other characteristics of operation; and other conditions deemed necessary to insure compatibility with surrounding land uses.
(2)
In considering any application for a conditional use permit, the planning and zoning commission and City Council may give consideration to the criteria listed below, to the extent they are pertinent to the particular application.
a.
Character of the neighborhood.
b.
Compatibility with adjacent property uses and zoning.
c.
Suitability of the property for which the conditional use is being requested.
d.
Extent to which the proposed use will negatively impact the aesthetics of the property and adjoining properties.
e.
Extent to which the proposed use will injure the appropriate use of, or detrimentally affect, neighboring property.
f.
Impact on the street system to handle traffic and/or parking.
g.
Impact of additional stormwater runoff to the existing system or to the water shed area if no storm sewer is available.
h.
Impact of noise pollution or other environmental harm.
i.
Potential negative impact on neighborhood property values.
j.
Extent to which there is need of the proposed use in the community.
k.
Economic impact upon the community.
l.
Extent to which public facilities and services are available and adequate to satisfy the demand generated by the proposed use.
m.
Comparison of the benefit gained to the public health, safety and welfare of the community if approved versus the hardship imposed upon the landowner if the requested application is denied.
n.
Conformance to current City policies and ordinances.
o.
Recommendation of professional staff.
p.
Consistency with permitted uses in the area in which the conditional use is sought.
(g)
Conditional use permits — Transferability, lapse, expiration, revocation and renewal.
(1)
Transferability.
a.
A conditional use permit may be conveyed with the land only if the transferor has obtained a building permit for one or more structures authorized by the conditional use permit and construction of at least 10% of the project has been completed in terms of the total expected cost of the project. The transfer of a permit in which these conditions have not been satisfied shall be invalid. Nothing in this section shall be construed to alter the expiration date of permits or the authority of the City Council to revoke a permit.
b.
A permit cannot be assigned or transferred to a different parcel of land.
c.
Every entity attempting to convey a conditional use permit shall give notice in writing to the City Administrator or his/her designee within 72 hours after having sold, transferred, given away or otherwise disposed of an interest in or control of a parcel of land for which a conditional use permit has been issued. Such notice shall include the name and address of the successor in interest or control of the parcel. Receipt of such notice shall not constitute acceptance of a invalid transfer.
(2)
Lapse. Unless a building permit for one or more structures authorized by the conditional use permit has been obtained and at least 10% of the total expected cost of the project has been expended, the conditional use permit shall lapse and become void unless the applicant applies for any building permit incident to the proposed use within two years of the date of approval by the City Council. Upon the written request of the property owner and for good cause shown, the City Administrator or his/her designee may grant one extension of not more than one year. An application for extension will be considered only if it is submitted, in writing, prior to the expiration of the initial period.
(3)
Expiration. A conditional use permit shall be valid for a specific period of time if so stated in the permit. A permit may be renewed upon application to the City Council, subject to the same procedures, standards, and conditions as an original application.
(h)
Revocation procedure.
(1)
Grounds of revocation. Any conditional use permit granted by the City Council in accordance with this section is subject to revocation for any or all of the following reasons:
a.
Non-compliance with all the conditions of approval established in the ordinance granting such conditional use permit;
b.
A change from the original use or the intensity of the original use for which the permit was issued resulting in a change in impact upon the surrounding neighborhood pursuant to Subsection (e), Standards for Approval;
c.
Expiration of the conditional use permit;
d.
Violation of any provisions of this section; or
e.
Violation of any provisions of the Code of Ordinances pertaining to the use of land, construction or uses of buildings or structures, or activities conducted on the premises by the permit holder, agents of the permit holder or tenants and is declared to be a nuisance to the neighborhood in which located.
(2)
Procedure for revocation.
a.
Revocation proceedings may be initiated by the City Administrator or his/her designee.
b.
Notice of intent to revoke shall be mailed to the permit holder's last known address stating the grounds for the intended revocation, and the date, time and place of the hearing.
c.
The matter will then be placed on a designated planning and zoning commission agenda for hearing, which may be continued for good cause shown.
d.
The matter will then be forwarded to the City Council with the planning and zoning commission's findings and recommendation.
e.
The City Council will consider the findings and recommendation of the planning and zoning commission in rendering their final decision within ten (10) days.
f.
No conditional use permit shall be revoked unless a majority of the City Council is satisfied by a preponderance of evidence that grounds for revocation exist.
(i)
Renewal. A conditional use permit may be renewed using the same procedure as was used for the original approval set forth in this section. The City Council may grant a renewal containing modifications, but only for existing conditions, without the submission of a site plan and elevation drawings.
(j)
Right to continue.
(1)
The issuance of a conditional use permit gives no vested rights to the permit holder.
(2)
The rights conferred by the authorization of a conditional use under this article shall not become effective until the project is constructed and the use actually started.
(3)
A right to continue a specially permitted use shall only exist provided all conditions of the conditional use permit and all other City ordinances have been met and continue to be met, and until duly revoked under this section.
(4)
The right to continue a conditional use authorized under this article shall last only as long as specified by the conditional use permit.
(5)
A conditional use permit shall be allowed to continue, unless specified otherwise as a condition of its authorization, as long as all conditions placed on it are met. If a particular use ceases to exist for a period of six months, it will forfeit its conditional use permit and will not be allowed to exist again unless a new application is made, a public hearing held as provided for in these regulations and a new conditional use permit approved.
[1]
Editor's Note: This ordinance also redesignated former Subsections (c) through (i) as (d) through (j), respectively.